HomeMy WebLinkAbout1989-11-22 - City Commission Regular Meeting Minutest0VTA,,
7525 N.W. 88th AVENUE
TAMARAC, FLORIDA 33321.2401
RECORD OF COUNCIL ACTIONS/DISCUSSION
CITY OF TAMARAC
CITY COUNCIL
REGULAR COUNCIL MEETING
WEDNESDAY, NOVEMBER 22, 1989
CALL TO ORDER: 9:00 A.M.
ANNOUNCEMENT OF TIME ALLOCATIONS - MOTIONS TO TABLE - The Chair
at this time will announce those items which have been given a
specific time to be heard, and will entertain motions from
Council members to table those items which require research.
Council may agendize by majority consent matters of an urgent
nature which have come to Council's attention after
publication.
INTRODUCTION
1. PRESENTATION by City Manager Kelly of ten-year service
awards to STEVE GOTHA and PAUL FORSBERG, Fire Department,
and five-year service award to RUSSELL DAIDONE, Utilities
West.
FINAL ACTION:
PRESENTATION was made to Steve Gotha and Russell Daidone,
Paul Forsberg was absent.
2. PRESENTATION by City Manager Kelly of a plaque to JOSEPH
MCINTOSH in acknowledgment and appreciation of his
contributions as Police Chief of the City of Tamarac.
FINAL ACTION:
PRESENTATION was made to Joseph McIntosh.
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3. PRESENTATION by City Manager Kelly to Ken Burroughs,
Finance Director, of a Certificate of Achievement for
excellence in financial reporting for the Comprehensive
Annual Financial Report for Fiscal Year 1987/88.
FINAL ACTION:
PRESENTATION was made to Ken Burroughs.
4. Items listed under Consent Agenda, Item 4, 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.
City Clerk
a. MOTION TO APPROVE the minutes of the following City
Council meetings:
1. 10/10/89 - Regular Meeting
2. 10/25/89 - Regular Meeting
FINAL ACTION:
APPROVED 4.a.1. and 4.a.2.
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11/22/89
4. b. MOTION TO APPROVE renewal of a model sales permit for
MISSION LAKES CORAL CREEK in Units 107 and 108 at 6900
Southgate Boulevard for a six-month period from
11/24/89 to 5/24/90 (tabled on 11/8/89).
FINAL ACTION:
APPROVED.
Customer Service/Finance
C. MOTION TO ADOPT Temp. Reso. #5593 declaring null and
void a Developers Agreement dated November 17, 1986,
as amended, with Tract 37 Corp. for CINNAMON WHARF
project.
FINAL ACTION: RESOLUTION NO. R-89-291 PASSED.
APPROVED.
CONSIDERATIONS
Engineering/Utilities
5. a. MOTION TO APPROVE Addendum #25 to the engineering
agreement with Hazen & Sawyer in the amount of
$8,000.00 to prepare the 1988/89 Annual TUW Operating
Report as required under the outstanding revenue bond
trust indenture.
b. MOTION TO APPROVE the transfer of $8,000.00 from TUW
Contingency Account #425-371-586-588 to an account to
be established by the Finance Department to fund this
project.
FINAL ACTION:
APPROVED 5.a
5.b
Finance De artment
6. MOTION TO APPROVE the transfer of $224,0,20.00 from various
accounts to fund the revisions in the City's contribution
for employee health insurance pursuant to Resolution R-89
279 (0w-33) .
FINAL ACTION:
APPROVED.
7. MOTION TO APPROVE the transfer of $65,870.00 from Budgetary
Fun Balance Account #001-389-110 to various accounts
within the Fire Department to fund the salary increases for
the International Association of Fire Fighters (IAFF)
employees pursuant to Resolution R-89-286 (0-42).
FINAL ACTION:
APPROVED
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8. MOTION TO APPROVE the transfer of $105,060.00 from various
accounts to fun the salary increases for
executive/managerial, confidential and supervisory
employees pursuant to Resolution R-89-287 (0-43).
FINAL ACTION:
APPROVED.
9. MOTION TO APPROVE the transfer of $18,525.00 from various
accounts to fund the changes in the benefit option plan for
all individuals outside the City's bargaining units
pursuant to Resolution R-89-287 (0-44).
FINAL ACTION:
APPROVED.
10. MOTION TO APPROVE the transfer of $265,430.00 from various
accounts to fund the salary increases for the Federation of
Public Employees (FPE) pursuant to Resolution R-89-288
(0-45) .
FINAL ACTION:
APPROVED
Fire Department
11. MOTION TO APPROVE the emergency purchase of an air
conditioner in the amount of $2,495.00 for Fire Station #2
pursuant to Section 9-39 of the City Code.
FINAL ACTION:
APPROVED
RESOLUTIONS
Community Development
12. MOTION TO ADOPT Temp. Reso. #5599 approving a site plan and
associated documents for KINDERCARE LEARNING CENTERS
(tabled on 11/8/89).
(to be located on the west side of University Drive south
of NW 71 Court)
FINAL ACTION:
Tabled to the January 10, 1990 City Countil Meeting at the
request of the applicant.
13. MOTION TO ADOPT Temp. Reso. #5595 approving a site plan and
associated documents for WOODALE (tabled on 11/8/89).
(to be located south of NW 78 Street and east of NW 80
Avenue)
FINAL ACTION:
Tabled to the December 6, 1989 City Council Meeting at the
request of the applicant.
General Administrative
14. MOTION TO ADOPT Temp._ Re so. #5613 supporting the Broward
County Board of County Commissioners placing the question
of a local option sales tax for infrastructure on the
ballot.
FINAL ACTION: RESOLUTION NO. R--89-292 PASSED
APPROVED.
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15. MOTION TO ADOPT Tema. Reso,_#5597 approving an Interlocal
Agreement between the Cities of Coconut Creek, Lauderhill,
Margate, North Lauderdale and Tamarac regarding recycling.
FINAL ACTION:
APPROVED.
RESOLUTION NO. R-89-293 PASSED
16. MOTION TO ADOPT Temp. Reso. #5592 accepting a grant from
Broward County for a recycling program.
FINAL ACTION: RESOLUTION NO. R-89-294 PASSED
APPROVED first year for $177,685.00.
17. MOTION TO ADOPT Temp._Reso, #5610 authorizing the
appropriate City officials to execute an agreement with
Waste Management, Inc., regarding a recycling program in
the City.
FINAL ACTION: RESOLUTION NO. R-89-295 PASSED
APPROVED
Public Works Department
18. MOTION TO ADOPT Temp. Reso. #5606 eliminating the Building
Superintendent and Confidential Secretary positions within
the Public Works Department and creating a Foreman -
Building and Janitorial position and an Office Manager
position with the Public Works Department.
FINAL ACTION:
APPROVED.
PUBLIC HEARING - 10:00 A.M.
RESOLUTION NO. R-89-296 PASSED
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19. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #5605
concerning a request by SAUL STRACHMAN AMERICAN KENPO
ATHLETIC ASSOCIATION for special exception to allow an
athletic club in Sunflower Shopping Plaza at 8104 and 8196
N. University Drive, which is zoned B-1 (Neighborhood
Business). Petition #35-Z-89
FINAL ACTION: RESOLUTION NO. R-89-297 PASSED
Public Hearing was held. APPROVED.
ORDINANCES
PUBLIC HEARINGS - 10:00 A.M.
Citv Council
20. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1465 on second
reading to amend Article X, Section 14-75 of the City Code
to provide that bingo shall not be permitted at any
specific site, location or address more than four (4) times
a week.
FINAL ACTION: ORDINANCE NO. 0-89-37 PASSED
Public Hearing was held. APPROVED on second reading.
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Community Development
21. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1459 on second
reading to vacate a 50-foot ingress/egress easement along
NW 73 Manor within WOODMONT TRACT 74 for the WOODALE
project (tabled on 11/8/89).
FINAL ACTION:
TaEled to the December 6, 1989 City Council Meeting at 7:30
P.M.
22. a. MOTION TO ADOPT Temp. Re_so. #5614 accepting Deed
Restrictions offered by Tract 24 Associates in
conjunction with Petition #31-Z-89.
b. MOTION TO ACCEPT Affidavits of Publication and Posting
for Temp. Ord. 1464. Petition #31-Z-89
c. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1464 on
second reading concerning wawrequest by TRACT 24
ASSOCIATES to rezone lands at the southeast corner of
Nob Hill Road and NW 81 Street from R-3U (Rowhouse) to
R-4A (Planned Apartments. Petition #31-Z-89
FINAL ACTION:
Tabled to the December 6, 1989 City Council Meeting at 7:30
P.M.
23. a. MOTION TO ACCEPT Affidavits of Publication and Posting
for Temp, Or .ry 1462. Petition #32-Z-89
b. PUBLIC HEARING - MOTION_ TO ADOPT Temp _Ord. #1462 on
second reading concerning a request by REYNOLDS METALS
DEVELOPMENT CORP. to rezone lands at the southeast
corner of NW 77 Street and Westwood Drive, such lands
to be the recreation area for the proposed WESTWOOD
PINES development, from R-4A (Planned Apartments) to
S-1 (Open Space/Recreation). Petition #32-Z-89
FINAL ACTION: ORDINANCE NO. 0-89-38 PASSED
23.a ACCEPTED
23.b Public Hearing was held. APPROVED on second reading.
24. a. MOTION TO ACCEPT Affidavits of Publication, Mailing
and Posting for Temp. Ord. #1466. Petition #34-Z-89
b. PUBLIC HEARING - MOTION TO ADOPT Te_mp._Ord. #1466 on
first reading concerning a request by YOLANDA MAURER
to rezone lands on the south side of McNab Road,
adjacent to the existing shopping center at the
southwest corner of Mc Nab Road and Nob Hill Road, from
R-3 (Low Density Multiple Dwelling) to LI-1 (Light
Industrial) to conform to the Broward County Land Use
Plan. Petition #34-Z-89
FINAL ACTION:
4.a ACCEPTED
24.b Public Hearing was held. APPROVED on first reading.
Second reading and Public Hearing will be held at 7:30
P.M., Wednesday December 6, 1989.
General Administrative
25. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1457 on second
reading adapting -a—hY enacting a new Code for the City of
Tamarac (tabled on 11/8/89).
FINAL ACTION: ORDINANCE NO. 0-89-39 PASSED
APPROVED on second reading. Public Hearing held.
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PUBLIC HEARINGS - 5:05 P.M.
Community Development
26. PUBLIC HEARING - MOTION TO ADOPT Tem . Ord. #1446 on second
reading to amend Chapter 18 of the City Code pertaining to
off-street parking.
FINAL ACTION: ORDINANCE NO. 0--89-40 PASSED
APPROVED on second reading. Public Hearing held.
27. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1461 on second
reading to amend Chapter 21 of the City Code pertaining to
signs.
FINAL ACTION: ORDINANCE NO. 0-89-41 PASSED
APPROVED on second reading. Public Hearing held.
Community Development -_ 5:05 P.M.
28. MOTION TO ADOPT Temp. Reso. #5612 approving a site plan and
a Water and Sewer Developers Agreement for WESTWOOD PINES.
(to be located at the southeast corner of NW 77 Street and
Westwood Drive - formerly Cinnamon Wharf)
FINAL ACTION: RESOLUTION NO. 89-298 PASSED
APPROVED.
OPEN PUBLIC FORUM
29. 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.
REPORTS
30. City Council
31. City Manager
32. City Attorney
The City Council may consider and act upon such other business as may
come before it.
In the event this agenda must be revised, such revised copies will be
available to the public at the City Council meeting.
Pursuant to Chapter 286.0105, Florida Statutes, if a person decides to
appeal any decision made by the City Council with respect to any
matter considered at such meeting or hearing, he may need to ensure
that a verbatim record of the proceedings is made which record
includes the testimony and evidence upon which the appeal is based.
Carol A. Evans
City Clerk
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CITY OF TAMARAC
CITY COUNCIL REGULAR MEETING
WEDNESDAY, NOVEMBER 22, 1989
CALL TO ORDER: Mayor Abramowitz called this meeting to Order on
Wednesday, November 22, 1989 at 9:00 A.M. in the Council Chambers.
MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Abramowitz called for
the Pledge of —Allegiance ollowe y a Moment of Silent Meditation.
PPrgRNT
ABSENT AND EXCUSED:
ALSO PRESENT:
Mayor Norman Abramowitz
Vice Mayor Dr. H. Larry Bender
Councilman Jack Stelzer
Councilman Henry Rohr
Councilman Bruce Hoffman
John P. Kelly, City Manager
Richard Doody, City Attorney
Carol A. Evans, City Clerk
Pauline Walaszek, Special Services
Secretary
INTRODUCTION
1. PRESENTATION by City Manager Kelly of ten-year service
awards to STE VE GOTHA and PAUL FORSBERG, Fire Department,
and five-year service award to RUSSELL DAIDONE, Utilities
West.
SYNOPSIS OF ACTION:
PRESENTATIONS were made to Steve Gotha
and Russell Daidone.
Paul Forsberg was absent.
City Manager Kelly presented a 10-year service award to
Steve Gotha, Fire Department, and thanked him for his
many years of service for the City and Paul Forsberg,
Fire Department, was absent.
City Manager Kelly presented a five-year award to Russell
Daidone, Utilities West and thanked him for his many
years of service for the City.
2. PRESENTATION: by City Manager Kelly of a plaque to
JOSEPH MCINTOSH in acknowledgment and appreciation of his
contributions as Police Chief of the City of Tamarac.
SYNOPSIS OF ACTION:
PRESENTATION was made to Joseph McIntosh.
City Manager Kelly said it was his pleasure to provide
acknowledgment and appreciation to a gentleman who
provided great service to the City, Joseph McIntosh. He
said when the City Hall and Police Facility were being
constructed, Mr. McIntosh informed him several times that
the Police Facility was to be built first. He said when
the Police Facility was completed and the Police
Department was moving in, Mr. McIntosh stated that one of
his prouder achievements was moving the Police Department
into the new Facility. He said Mr. McIntosh assisted the
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City in the merger with the Broward Sheriff's Office and,
thereafter, Mr. McIntosh took a vacation. He said when
Mr. McIntosh came back from his vacation, he advised that
he was looking into another position with the Broward
Sheriff's Office, directing a Special Operations Group.
He said, as provided in the contract with the Broward
Sheriff's Office, he agreed to allow the change in
positions.
City Manager Kelly said the City was losing a great man,
good friend and Director/Commander. He read the Plaque
into the record and presented it to Mr. McIntosh.
Mr. McIntosh said he was honored with the presentation
and he has had an interesting career in Tamarac. He said
he has not worked for a finer gentleman and professional
than City Manager Kelly. He said the City Council, their
wives, City Manager Kelly and his wife attended the
installation of the Broward County Police Chiefs, which
was when he was installed as President. He said this
informed him how the City felt about him.
Mr. McIntosh said during his tenure as Police Chief of
Tamarac, he served under 4 Mayors, 21 Councilmembers and
5 City Managers. He said those people who have been with
the City during that time, knew how interesting that was.
He said 10 years ago there were several problems in the
Police Department; however, the Department came a long
way and built a professional organization. He said he
felt that the merger with the Broward Sheriff's Office
was the best thing for the residents and the Police
Department.
Mr. McIntosh said he has done everything that could be
done in law enforcement and he was grateful for the
opportunities, education and accomplishments he had with
the City. He said the new Police Facility was one of his
top priorities and he was pleased that he had the
opportunity to experience it.
Mr. McIntosh said he was offered a position as Leader of
the Special Operations of the Broward County Sheriff's
Department. He said the Group consisted of all the
motorcycle officers, drunk driving task force,
helicopters, airplanes, marine patrols, canines,
reserves, swat teams, etc. He said this group was very
specialized and he was honored that Sheriff Navarro
offered him this position. He said his new office was
located on Cypress Creek Road and I-95 and his career was
far from being over.
Mr. McIntosh thanked everyone in the City for their
acknowledgments by presenting him a plaque.
City Manager Kelly introduced the new Captain of the
Sheriff Deputies in the City of Tamarac, Mike Goldstein.
Mayor Abramowitz wished Mr. McIntosh, his wife and son
the best of health and success. He said the Broward
Sheriff's Office was very fortunate to have someone like
Mr. McIntosh.
Mr. McIntosh said Mike Goldstein has been with the
Broward Sheriff's Office for approximately 12 years and
Mr. Goldstein had the same philosophy in leadership as he
did. He said the City was very fortunate in getting
someone like Mr. Goldstein.
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Mr. Goldstein said he was pleased to be present and the
Broward Sheriff's Office would provide the best service
to the residents of the City.
3. PRESENTATION: by City Manager Kelly to Ken Burroughs,
Finance Director, of a Certificate of Achievement for excel-
lence in financial reporting for the Comprehensive Annual
Financial Report for Fiscal Year 1987/88.
SYNOPSIS OF ACTION:
PRESENTATION was made to Ken Burroughs.
City Manager Kelly said he was recently notified by the
Government Finance Officers' Association that the City's
Comprehensive Annual Financial Report for Fiscal Year
ending September 30, 1988 qualified for a Certificate of
Achievement for excellence in financial reporting. He
said this was the highest form of recognition in
governmental accounting and financial reporting and
represented a significant accomplishments by governments
and its management.
City Manager Kelly said the City was honoring a gentleman
who was primarily responsible for the City receiving the
award, Ken Burroughs, Finance Director.
City Manager Kelly presented the award to Mr. Burroughs
and he thanked him for assisting the City. He said Mr.
Burroughs indicated that the accomplishment was
successful because of assistance from his Department. He
thanked the Finance Department for their assistance in
receiving this award.
Mayor Abramowitz said the City was very fortunate to have
such a professional staff.
CONSENT AGENDA - ITEM 4 a. through c.
City Clerk
4. a. MOTION TO APPROVE the minutes of the following City
Councilmeetimeetings:
1. 10/10/89 - Regular Meeting
2. 10/25/89 - Regular Meeting
SYNOPSIS OF ACTION:
APPROVED 1. and 2.
b. MOTION TO APPROVE renewal of a model sales permit for
MISSION LAKES CORAL CREEK in Units 107 and 108 at 6900
Southgate Boulevard for a six-month period from 11/24/89
to 5/24/90 (tabled on 11/8/89).
SYNOPSIS OF ACTION:
APPROVED.
Customer Service/Finance
c. MOTION TO ADOPT Temp. Reso. #5593 declaring null and
void a Developers Agreement dated November 17, 1986,
as amended, with Tract 37 Corporation for CINNAMON
WHARF Project.
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-89-291 -- PASSED
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* V/M Bender MOVED to APPROVE Consent Agenda, Item 4 a. through
* C., SECONDED by C/M Rohr.
VOTE:
RESOLUTIONS
General Administrative
ALL VOTED AYE
15. MOTION TO ADOPT Temp. Reso. #5597 approving an Interlocal
Agreement e_tween�t e C-'it es o—f Coconut Creek, Lauderhill,
Margate, North Lauderdale and Tamarac regarding recycling.
SYNOPSIS OF ACTION: RESOLUTION NO. R-89-293 PASSED
APPROVED.
City Attorney Doody read Temp. Reso. #5597 by title.
* V/M Bender MOVED to APPROVE Temp. Reso. #5597, SECONDED by
* C/M Rohr.
City Manager Kelly said the first action was on an
Interlocal Agreement. He announced that the City Manager
of the City of North Lauderdale, Eric Soroka, was
attending the meeting and he introduced Mr. Soroka to the
public.
City Manager Kelly said Mr. Soroka took a leadership role
in trying to draft the contracts and agreements for the
program and he thanked Mr. Soroka.
City Manager Kelly said the Interlocal Agreement
established the authority and powers of the Cities that
participate in the program. He said the governing bodies
of each member City approved the Ordinance providing for
the original fee to be charged for recycling services.
He said the other fees were provided in a formula and an
Administrative Committee would continue the
administration of the grant program.
City Manager Kelly said a member from each City was
selected to serve on the Committee. He said the City of
North Lauderdale would be the leading City and would act
as the representative of the Cities in administering
agreements with the third party vendor. He said the City
of Coconut Creek would act as the representative for the
Cities in agreements for grant funding. He said to
offset this administrative cost, the other Cities would
contribute approximately $750.00 to reimburse the Cities
for their expenses.
City Manager Kelly said the term of the Agreement was for
5 years and, if any Cities decided to terminate their
contract, there would be a pro -rated penalty for dropping
out, which was $100,000.00 for the first year, with a
reduction of $20,000.00 each year thereafter. He said if
there was termination of the Agreement from all of the
Cities, the proceeds from any and all assets would be
distributed in equal amounts to the Cities named in the
Agreement.
C/M Stelzer said he approved of the Interlocal Agreement.
He said the City has been working on a contract for a
recycling program for several years. He said Tamarac was
the only City that did not sign these agreements and he
would like to see the program started because there were
no other programs available.
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Mayor Abramowitz said the City has been working on the
recycling program with much difficulty in the last 1-1/2
years. He said C/M Rohr was appointed Liaison to the
program and attended many meetings, wrote to many Cities
and personally escorted executives from Waste Management,
Inc., and the County on tours of the Condominium
Associations.
Mayor Abramowitz said the State of Florida mandated that
the Cities must remove 30% from their garbage tonnage
over a period of approximately 2 years. He said the
State did not provide funding or assist the individual
Cities in having a program and the fact that this
presented an obstacle in condominiums was not addressed.
Mayor Abramowitz said one year ago, five Cities joined
together to work out a contract for a recycling program.
He said there was not a question of what the Cities would
like to do but what must be done. He said all
negotiations of the contract must be left in the hands of
the Administrative Head of Tamarac, which was the City
Manager. He said he was aware that there were
approximately 5 City Managers that were angry with him.
Mayor Abramowitz said the City Managers worked very hard
in negotiating a contract with Waste Management, Inc. He
said the State mandated that the Cities must negotiate
with their existing carrier. He said the City Managers
went out to bid twice and each time, three bids were
received and there was a difference of approximately 100%
between Waste Management, Inc., and the other bids.
Mayor Abramowitz said when a contract was created, the
Mayors of the 5 Cities became involved. He said the City
Managers were angry with him because he did not know what
the contract consisted of. He said the Interlocal
Agreement would be with the 5 Cities, which meant that
the 5 Cities would act together in concert as one in the
program.
Mayor Abramowitz said the second document was the State
grant application in the amount of $380,000.00 to
distribute between the 5 Cities.
Mayor Abramowitz said the third document was the contract
between the 5 Cities and Waste Management, Inc. He said
when he first reviewed the documents, he stated that he
would not approve the documents. He said his first
priority was the citizens of the City.
Mayor Abramowitz said the officials and residents had to
begin caring about the future. He said he was pleased to
state that other Cities may find that the elected
officials and residents were different than anyone else.
He said over the past two weeks there were changes in the
contract that addressed some of the concerns that the
Cities of Tamarac and Lauderhill shared. He said most of
the concerns were addressed.
Mayor Abramowitz said he was asked by a newspaper
reporter if the contract was -good or bad and he replied,
no, it was the only contract. He said there were no
other options available; however, Tamarac did not have to
go along with the other Cities but the City would lose
approximately $80,000.00 in grant money. He said the
money was not a priority; however, he wanted to protect
the residents and their future.
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Mayor Abramowitz said the other option was being in
violation of the State regulations and the City was not
able to have their own recycling program. He said there
were concerns with the program only being provided for
single-family homes.
Mayor Abramowitz said there was one class of citizens in
the City and a pilot program was presently operating in
the City of Coconut Creek at Windmoor to teach the Cities
how to handle the condominiums. He said the Cities
choice was limited and the Cities were assured that as
the program continues, the Cities would learn. He said
he did not feel that this was a good contract; however,
he had enough confidence in the 5 Cities to know that it
would be very foolish for anyone to take advantage of
another. He said it would be foolish of Waste
Management, Inc., to try and change the 5 Cities.
Mayor Abramowitz said there was a lot of work put into
the contracts and the City Attorney indicated when the
contracts were submitted that he would not recommend the
contracts be executed because there were concerns about
the contracts. He said the concerns were addressed and
there would be further changes in the future because the
Cities would be learning and trying to make the program
successful in the future.
Mayor Abramowitz said there was concern with why the
residents were being charged. He said the residents
indicated that they previously threw their paper in the
garbage and it was picked up; however, now, the City was
asking them to bundle the papers, place it by the curb
and pay an additional $.76. He said he was asked why the
residents were not receiving credit for the loss of
tonnage.
Mayor Abramowitz said the law stated that paper could no
longer be put in the garbage. He said one bid asked for
a fee of $1.28 and the other asked for $1.31; however,
Waste Management, Inc., would be charging a fee of $.76
because the Cities would be receiving credit for the
tonnage which would not be placed at the landfill. He
said Waste Management, Inc., insisted that they could not
afford the fee of $.76; however, the simplest commodity,
paper, would be done first. He said shortly after,
aluminum cans would be collected, which may be a revenue
producing item.
Mayor Abramowitz said if there would be a profit, the 5
Cities would share. He said he felt that $.76 was not
too much to assist the existing and future residents.
TAPE 2
C/M Rohr said he hoped that a program for the
condominiums could be created and he would assist as much
as possible even if it meant a one by one program. He
said recycling was not something that an individual liked
or disliked; however, recycling was being done all over
the country and the world. He said the people should
never forget that there was a limit to what was thrown
away.
VOTE: ALL VOTED AYE
16. MOTION TO ADOPT Temp. Reso. #5592 accepting a grant
from Broward County for a recycling program.
SYNOPSIS OF ACTION: RESOLUTION NO. R-89-294 - PASSED
APPROVED.
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City Attorney Doody read Temp. Reso. #5592 by title.
* C/M Rohr MOVED to APPROVE Temp. Reso. #5592, SECONDED by
* V/M Bender.
City Manager Kelly said this Resolution was accepting a
grant which was awarded by Broward County to the 5 Cities
for the joint recycling program. He said the grant for
the first year was in the amount of $177,685.00, which
would be administered by the City of Coconut Creek for
two trucks and promotional programs to inform the
residents of the program. He said this Resolution
accepted the monies as a group and the implementation
date would be in December, 1989.
Mayor Abramowitz said the City Manager did not state that
Tamarac could not be part of the program if they did not
approve this Resolution by December 1, 1989. He said the
Cities already received a grant for the second year in
the amount of $262,315.00, which was a total of
$380,000.00 for the two years.
Mayor Abramowitz congratulated Eric Soroka, City Manager
of the City of North Lauderdale, for doing such a good
job with the contracts.
VOTE:
ALL VOTED AYE
17. MOTION TO ADOPT Temp Reso. #5610 authorizing the
appropriate City —officials to execute an agreement with Waste
Management, Inc., regarding a recycling program in the City.
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-89-295 - PASSED
City Attorney Doody read Temp. Reso. #5610 by title.
* C/M Rohr MOVED to APPROVE Temp. Reso. #5610, SECONDED by
* V/M Bender.
City Manager Kelly said this contract was for a recycling
program for newspaper only in residential units. He said
newspaper material was to be separated, tied or bundled
and placed at the curbside. He said there was a 5 year
renewal agreement which included an option to expand the
materials based on negotiations for glass and aluminum.
He said there would be one pick up per week on a day that
was already used for trash pick up. He said this
information would be available to the residents as soon
as possible.
City Manager Kelly said the contractor was responsible
for the collection and disposal of the recycling
materials to the processing center. He said the
contractor would purchase two vehicles and the Cities
would purchase two vehicles from the grant funding. He
said the vehicles would be multi -purpose to allow the
expansion of materials such as glass and aluminum. He
said in the event the agreement was terminated, the two
collection vehicles purchased by the Cities became the
property of the 5 Cities.
City Manager Kelly said the contractor was responsible
for the maintenance and insurance costs of the vehicles.
He said the monthly cost was $.76 for the first year and
the contractor was entitled to two annual increases based
on the Consumer Price Index, (CPI) . He said in the event
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the Cities did not generate the specific amount of
tonnage as indicated in the formula, the makeup of the
deficit would have to be negotiated between the Cities.
He said he would bring back any negotiations to the City
Council for approval.
City Manager Kelly said the vendor would provide funding
for a promotional campaign at a cost of approximately
$50,000.00 to insure high participation in the program.
He said the Cities would provide additional funding for
this promotional campaign. He said in the event the
vendor shall enter into an agreement with another City
that was more beneficial than the existing negotiated
agreement, the existing agreement would be modified to
include the better agreement.
City Manager Kelly said the verification of the
quantities would be accomplished by waste receipts,
monthly reports and meetings with the vendor on a
quarterly basis. He said the monthly charge would be
added to every non -containment residential refuse service
units' utility bills. He said everyone would be paying
$.76 regardless of whether they participated in the
program. He said each City was responsible for the
collection of the monthly fee based on the utility
billing system and the contractor would be assuming the
total market risk for revenue generated based on the sale
of the newspaper material.
City Manager Kelly said when the program was first
discussed, newspaper was a good market; however, the
market was no longer great and the contractor would
absorb the risk if the market decreased. He said if the
processing center refused the newspaper or charged a fee
to accept the recyclable materials, the Cities had the
option to renegotiate the fee structure with the
contractor for the additional costs or terminate the
contract by not responding to the notification within 15
days.
City Manager Kelly said the Cities, individually, would
be required to adopt an anti -scavenging Ordinance and a
mandatory recycling participation Ordinance. He said the
Ordinances would be contained on the next City Council
Agenda. He said the agreement would be administered by
the Administrative Committee and the administrators would
be reporting back to their City Council with the
information. He said the effective date was December,
1989.
C/M Stelzer said the Resolution called for the
appropriate City officials to execute the agreement with
Southern Sanitation; however, the actual contract was an
agreement made with the joint recycling Group Cities,
which was a different Body than the City Council.
Mayor Abramowitz said one of the disagreements was the
opinion expressed at a workshop that the administration
was in the hands of City Managers as opposed to elected
officials. He said Tamarac was mandated by its Charter
that the City Manager administer the City. He said as a
result, no elected official from Tamarac could serve on
the Committee; however, the City of Lauderhill, which had
a strong Mayor form of Government, allowed Mayor
Lieberman to serve on the Committee.
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1
Mayor Abramowitz said no one except the elected officials
of Tamarac would make the final decision on matters of
the City. He said the City Manager knew this and the
City Council had to accept the proposals before they are
enacted. He said if the elected officials did not
approve of the proposals, they would not be enacted;
therefore, he had confidence in the City Manager to not
act on anything without the City Council's approval.
C/M Stelzer said he brought this matter to the City
Council's attention before there were problems in the
future.
VOTE:
ALL VOTED AYE
At 9:55 A.M., Mayor Abramowitz RECESSED this meeting and
RECONVENED at 10:00 A.M. with ALL PRESENT, except C/M Stelzer.
PUBLIC HEARING - 10:00 A.M.
Community Development
19. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #5605
concerning a request y SAUL STRACHMAN AMERICAN KENPO
ATHLETIC ASSOCIATION for special exception to allow an
athletic club in Sunflower Shopping Plaza at 8104 and
8196 N. University Drive, which is zoned B-1 (Neighborhood
Business). Petition #35-Z-89
SYNOPSIS OF ACTION:
Public Hearing was held.
APPROVED.
RESOLUTION NO. R-89-297 - PASSED
City Attorney Doody read Temp. Reso. #5605 by title.
* C/M Rohr MOVED to APPROVE Temp. Reso. #5605, SECONDED by
* V/M Bender.
Kelly Carpenter -Craft, Director of Community Development,
said this application was a request for a special
exception to allow an athletic club to be located in the
Sunflower Shopping Center. She said the Center was zoned
B-1 (Neighborhood Business) , which was in conformance
with the commercial designation on the Tamarac Land Use
Plan. She said the Zoning Code allowed athletic clubs as
a special exception; however, the Code set forth no
criteria for the special exception. She said a portion
of the space was previously approved for the Blue Dolphin
Restaurant and there was adequate parking spaces in the
Center for the use. She said the surrounding uses were
as follows:
North B-2 Commercial
South B-1 Commercial
East Low Density Residential
West B--6 Business District
Mrs. Carpenter --Craft said the Planning Commission
recommended approval of the Petition at their November 1,
1989 meeting and staff recommended approval subject to
all of the conditions of the Zoning Code being met.
Mayor Abramowitz Opened the Public Hearing.
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Anthony Grimaldi, Resident, asked if there was an attempt
to get a bond from the Petitioner. He said there have
been experiences in the City where the athletic clubs
closed after the residents paid a lot of money. He said
the residents should be protected by requiring a bond.
Mayor Abramowitz asked if a bond was needed and Mrs.
Carpenter -Craft said staff addressed this concern and the
Petitioner provided information as per Florida Statute
501.012. She said they were offering a program solely
for the purposes of martial arts, which did not require
bonding. She said the City Code did not contain a
provision requiring a bond to be posted over and above
the State mandates. She said the Petitioner would be
providing an athletic club and the membership agreement
documents were submitted to the City.
Mr. Grimaldi said the Agenda indicated the business to be
an athletic club and Mrs. Carpenter -Craft said the
business would consist of martial arts.
Melanie Reynolds, Resident, said the instructors would be
teaching the martial art, which made the business a
school and Mrs. Carpenter -Craft said staff asked this
question as well. She said B-2 allowed a school and B-1
allowed an athletic club; however, when staff discussed
this matter with the Petitioner, staff was concerned with
the business being a school. She said the Petitioner
satisfied staff with the description of the business
being an athletic club and there was a membership
requirement; however, there would be individual lessons
given.
Mrs. Reynolds said she felt that the business would be a
school and she questioned this matter because of the
parking, which would be different for a school.
Mayor Abramowitz Closed the Public Hearing with no
further response.
Mayor Abramowitz said he was disturbed with all of the
complaints about empty stores in the City and the
criticism by the same people for those businesses that
wanted to occupy the empty space.
VOTE: ALL VOTED AYE
ORDINANCES
C_itiy Council
20. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1465
on second reading to amend r_ c1e X, Sect on 14-75 of the
City Code to provide that bingo shall not be permitted at
any specific site, location or address more than four (4)
times a week.
SYNOPSIS OF ACTION:
Public Hea nar g was held.
APPROVED on second reading.
ORDINANCE NO. 0-89-37 - PASSED
City Attorney Doody read Te^ mp. Ord. #1465 by title.
* V/M Bender MOVED to APPROVE Temp. Ord. #1465 on second reading,
* SECONDED by C/M Rohr.
Mayor Abramowitz Opened the Public Hearing.
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Dave Tangora, Attorney from the firm of Bauman,
Wurtenberger and Schottenfeld representing WSB, Inc.,
said WSB Inc., proposed to operate Westside Bingo at 7129
NW 88 Avenue, Tamarac Square West.
Attorney Tangora said there was a threshold inquiry as to
the affect of the proposed Ordinance in relation to the
existing facts in the case. He said in August, 1989,
WSB, Inc., began its inquiry with the City, County and
City Codes. He said the existing Ordinance allowed a 7
day operation of an indoor facility and WSB, Inc., in
reliance on statements made that 7 day operations would
be permissible, entered into a lease and contracted with
7 separate charitable organizations. He said WSB, Inc.,
expended substantial amounts of money in an effort to
facilitate its operation of the bingo facilities.
Attorney Tangora said in October, 1989, WSB, Inc.,
submitted the first application for an occupational
license, which was not accepted by the City. He said on
November 7, 1989, WSB, Inc., submitted a second
application for an occupational license listing the 7
charitable organizations as the partial applicants;
however, during that afternoon, after the applications
were accepted, WSB, Inc., received notice by the City
that the existing Ordinance would be amended and was on
the November 8, 1989 City Council Agenda.
Attorney Tangora said after further investigation, the item
was not located on the Agenda. He said at the meeting of
November 8, 1989, there was an Item 25 added to the Agenda
by asterisk which pertained to Temp. Ord. #1465.
Attorney Tangora said the inquiry based on these facts
was whether the address, location or site of WSB, Inc.,
would be affected by the proposed Ordinance. He asked
the City Council to indicate if WSB, Inc., would come
under the proposed Ordinance.
Mayor Abramowitz asked the City Attorney to respond and
City Attorney Doody said Attorney Tangora was asking if
the Petitioner had vested rights and, under the proposed
Ordinance, the Petitioner would not.
City Attorney Doody said this determination should be
made by the City Council and staff at the appropriate
time. He said the proposal was a regulatory Ordinance,
not a zoning Ordinance and the applicant may or may not
be affected by it; however, it was a Citywide Ordinance
and the item being considered at this time should not be
based on how the Ordinance would affect one specific
party but how it affected the City generally.
City Attorney Doody advised the City Council not to make
a determination at this time if WSB, Inc., had vested
rights. He said this matter could be determined at a
later time by staff when they begin enforcement of the
Ordinance, if approved by the City Council.
Attorney Tangora submitted copies of two recent Cases to the
City Clerk and City Attorney. He said one Case was the City
of Margate vs. Amoco Oil Company and the other Case was the
City of Pompano Beach vs. Yardarm Restaurant, Inc. He said
he highlighted the appropriate portions of each Case and he
urged that the occupational license and certificate of
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occupancy for WSB, Inc., be issued pursuant to the existing
Ordinance and not the proposed Ordinance. He asked that WSB,
Inc., be accepted or exempt from Temp. Ord. #1465 and be
allowed a 7 day operation.
Attorney Tangora said alternatively, he urged that the
proposed Ordinance not be adopted and WSB, Inc., be
issued an occupational license and certificate of
occupancy for a 7 day operation. He said the inquiries
with the City by the Petitioner began in August, 1989,
and everyone knew what the Petitioner intended to do. He
said the City Manager verified the 7 day operation as
being permissible, and after a second attempt, the
occupational license applications were submitted by WSB,
Inc. He said during that same day, WSB, Inc., was
informed that there would be a proposed Ordinance brought
before the City regarding an amendment to the existing
Ordinance. He said the acceptance of the proposed
Ordinance would make it impossible for WSB, Inc., to
conduct a bingo facility at this site.
Referring to the Case regarding the City of Margate vs.
Amoco Oil Company, Attorney Tangora said this Case
pertained to the Amoco Oil Company applying for a permit
from the City of Margate for the ability to build a
mini -mart and gasoline station. He said the question was
what law applied, be it the law in existence during the
application or the current law, which the Court took to
mean the law in effect at the time of rejection.
Attorney Tangora said Amoco Oil Company tried for an
exception and had to move into an injunction and
declaratory relief because it was rejected by the City of
Margate. He said the declaratory relief and injunction
was granted by the Trial Court Judge and the Court
characterized the Ordinance as having the effect of
devastating the Amoco Site Plan.
Attorney Tangora said the Court concluded that Amoco Oil
Company was entitled in 1980, to a permit based on its
application and site plan because it met the municipal
Code in existence at the time. He said the Court felt
that the existing Ordinances created an estoppel and
enforced the new Ordinance, which changed the permitted
use of the property by Amoco Oil Company. He said the
Fourth District Court of Appeals recited that the law
seemed settled that a property owner was entitled to rely
on land use regulations on its property at the time the
application in made unless there was zoning in progress
contemplating a change. He said there was no zoning in
Progress and the permit should have been granted.
Attorney Tangora said the Court stated that when a
government Body acted arbitrarily to avoid its duty by
delaying the matter so as to perpetuate a change in the
law adverse to the application, it was proper for the
Court to disregard the newly enacted limitations. He
said the Third Court of Appeals stated that action on the
application was unreasonably refused or delayed until
after the change has become effective or the issuing
office arbitrarily failed to perform it ministerial duty
to issue a license or permit promptly on an application
which conformed to the law at the time of filing. He
said the Courts upheld that the law at the time of filing
of the application controlled the actions.
Page 12
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Attorney Tangora said based on the findings of Fact and
Conclusions, the Trial Court ordered the City to take the
appropriate action to approve the Amoco Oil Company site
and other plans connected with the intended use of the
property in accordance with the City Ordinance in effect
during March, 1980.
Attorney Tangora said the other Case was similar but
there was an exception to a 10-story zoning requirement
in Pompano Beach. He said the exception was obtained by
the restaurant and, after the exception expired, the
restaurant applied for a building permit and was refused.
He said an injunction was granted to the restaurant. He
said these Cases were similar to the matter before this
City Council.
Attorney Tangora said if the City enacted this Ordinance,
WSB, Inc., would not be able to continue their business
as planned. He said the Fourth District Court of Appeals
referred to equitable estoppel being applicable. He said
equitable estoppel may be applied to limit the exercises
of zoning power when a property owner, relying in good
faith upon some act or emission of the governmental Body,
is making a substantial change in the position or
incurred expensive obligations and expenses. He said
this was exactly what has occurred with WSB, Inc.
Attorney Tangora said there were several charitable
organizations that would be benefiting with the bingo
facility in operation for 7 days. He said these
organizations would not be receiving the benefits of the
bingo operation if the proposed Ordinance was approved.
Attorney Tangora said the proposed Ordinance would
restrict WSB, Inc., to two days operation, four times per
week. He said a verified complaint for an injunction,
declaratory relief and equitable estoppel and a fifth
count were filed.
Attorney Tangora said in the Case concerning Amoco Oil
Company, there was no immediate action to challenge the
rejection because the company wanted to try and resolve
the problem and avoid litigation with the City in which
the business would be operating. He said this was what
WSB, Inc., wished to do at this time. He said he felt
that a Court would clearly grant WSB, Inc., the relief
sought in the proposed complaint. He said he hoped that
a resort to the Court was not necessary and he asked the
City Council to exempt WSB, Inc., from the proposed
Ordinance and allow a 7 day bingo operation.
City Attorney Doody said he did not have a chance to
review the Cases submitted by Attorney Tangora. He said
he understood the applicant's position nd he was placing on
the record that they felt they had vested rights. He
said the Courts would have to decide and he asked the
applicant and City Council to remember that the Ordinance
before them was not a zoning Ordinance. He said each of
the Cases cited by Attorney Tangora were zoning
Ordinances with vested rights as a doctrine. He said the
proposed Ordinance was a Police power regulatory
Ordinance and the doctrine of grandfathering in vested
rights may not apply to this Case. He said if the City
changed zoning on an applicant, the applicant had
grandfathered uses; however, the City Council could enact
an Ordinance requiring compliance.
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TAPE 3
City Attorney Doody read the Whereas clauses of the
proposed Ordinance.
Mayor Abramowitz asked if the proposed Ordinance
specified what days were permitted and City Attorney
Doody said it was intended that bingo could be conducted
any four days per week.
Herb Hayes, Resident, said he understood the reason for
the proposed Ordinance and he was in favor of it. He
said the Lessor was being given the access to a leased
place; however, "any given organization" would restrict
an organization from having bingo there four times a
week.
Joseph Schreiber, Resident, asked what the purpose was in
having this Ordinance, why it was necessary and how the
City would benefit from the Ordinance.
Mayor Abramowitz said the purpose of the proposed
Ordinance was to prevent bingo parlors in the City. He
said the Center wanted to allow bingo in the area 14
times per week.
Mr. Schreiber asked if the developer would be conducting
the games or leasing the space for bingo.
City Attorney Doody said the proposed Ordinance did not
pertain to any particular organization and it was a
regulatory Ordinance.
Mr. Schreiber asked how the City would be benefiting from
cutting the hours of operation for bingo and C/M Rohr
said the City Council did not want any place in Tamarac
having bingo day and night, 7 days per week.
Mr. Schreiber asked why and Mayor Abramowitz said the
newspapers indicated the problems in the Cities of North
Lauderdale and Sunrise.
Mr. Schreiber asked how the City would benefit from the
proposed Ordinance and Mayor Abramowitz said the City
would benefit by having an environment where any
charitable organization used bingo to assist them in
funding or for recreation purposes. He asked Mr.
Schreiber if he favored a bingo facility holding bingo
games 14 times per week.
Mr. Schreiber said he would not object providing it was
run by a charitable organization and not an outside
operator. He said this was the City's responsibility to
see that outside operators did not profit from the
operation of the facility.
Mayor Abramowitz said he was informed that one person
would be running all the games for all of the
organizations.
City Attorney Doody said the proposed Ordinance was
regulatory and dealt with no specific organization.
Mr. Schreiber said the City would have to control and
regulate the problems which occurred in the City of North
Lauderdale.
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C/M Rohr said the City Council was not attempting to stop
any charitable organization from having bingo. He said
the City Council wanted to control the amount a private
individual would profit from these organizations.
Abe Garr, Resident, said he would like to address his
question to Attorney Tangora and City Attorney Doody said
this was not appropriate at this time.
Mayor Abramowitz said there could be litigation on this
matter and the matter should be handled by the Attorneys.
City Attorney Doody said
problem; however, he did
focus the concerns on one
Ordinance was regulatory.
be addressed on concerns
would affect the City.
litigation pending was not a
not feel it was appropriate to
entity because the proposed
He said the City Council could
as to how the proposed Ordinance
Mayor Abramowitz asked Milton Steppel, Participant with
WSB, Inc., who WSB, Inc., was. Mr. Steppel said Westside
Bingo Incorporated. Mayor Abramowitz asked if Mr.
Steppel was a participant of the organization which
intended to run the games for the charitable
organizations.
Mr. Steppel said he was a lessor and he objected to Mayor
Abramowitz referring to a bingo facility as a bingo
parlor. He said the games would be held in a bingo hall.
He asked how the City Council came to a determination
that bingo would be held 14 days.
Mayor Abramowitz said he meant 7 days, twice per day and
Mr. Steppel said the Petitioner was requesting 7 days
only because the games would begin at 6:00 P.M. and end
at 10:30 P.M.
Mr. Steppel asked if the charitable organizations were
being recommended to hold bingo in their own facilities
and Mayor Abramowitz said this was not the City Council's
recommendation.
Mayor Abramowitz said there were charities that did not
have facilities and Mr. Steppel said the City was barring
the organizations from having bingo.
David Krantz, Resident, said the Tamarac Jewish Center
held two bingo games per week and Saint Malachy's Church
held bingo approximately twice a week. He said all of
the games were run for the benefit of a religious
institution or the community development and there were
no private funds involved. He said since there was
enough bingo games in the City, additional games were not
needed.
Mayor Abramowitz Closed the Public Hearing with no
further response.
VOTE:
Community Development
ALL VOTED AYE
21. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1459
on second reading to vacate a 50-foot ingress egress easement
along NW 73 Manor within WOODMONT TRACT 74 for the WOODA LE
Project (tabled on 11/8/89).
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SYNOPSIS OF ACTION:
TABLED to the December 6, 1989 City Council
meeting at 7:30 P.M.
City Attorney Doody read Temp. Ord. #1459 by title.
* C/M Rohr MOVED to APPROVE Temp Ord. #1459 on second reading,
* SECONDED by V/M Bender.
Kelly Carpenter -Craft, Director of Community Development,
said the applicant asked that this Item be deferred to
the December 6, 1989 City Council meeting because the
applicant was unable to pay the fees.
City Attorney Doody said the Item would be Tabled until
the December 6, 1989 City Council meeting at 7:30 F.M.
* V/M Bender MOVED to TABLE Temp. Ord. #1459 on second reading
* until the December 6, 1989 City Council meeting at 7:30 P.M.,
* SECONDED by C/M Rohr.
VOTE: ALL VOTED AYE
22. a. MOTION TO ADOPT Temp. Reso. #5614 accepting Deed
Re- s coons offered by Tract 24 Associates in conjunction
with Petition #31-Z-89.
b. MOTION TO ACCEPT Affidavits of Publication and Posting
for Temp. Ord. #1464. Petition #31-Z-89
c. PUBLIC HEARING - MOTION TO ADOPT Te� mp. Ord. #1464
on second reading concerning a request by TRACT 24
ASSOCIATES to rezone lands at the southeast corner of
Nob Hill Road and NW 81 Street from R-3U (Rowhouse) to
R-4A (Planned Apartments) . Petition #31-Z-89
SYNOPSIS OF ACTION:
TABLED tome December 6, 1989 City Council
meeting at 7:30 P.M.
Kelly Carpenter -Craft, Director of Community Development,
said the applicant asked that this Item be deferred until
the December 6, 1989 City Council meeting at 7:30 P.M.
Mayor Abramowitz asked if the request would be for Item
22 a., b. and c. and Mrs. Carpenter -Craft said Item 22 a.
and c. would be deferred.
* V/M Bender MOVED to TABLE Item 22 a., b. and c., until the
* December 6, 1989 City Council meeting at 7:30 P.M., SECONDED
* by C/M Rohr.
Mayor Abramowitz said there were residents attending to
hear Item 22. He said the Petitioner had the right to
pull an application up until the City Council hears the
item. He said the City Council Tabled the Item at the
request of the Petitioner.
VOTE: ALL VOTED AYE
23. a. MOTION TO ACCEPT Affidavits of Publication and Posting
for Ten . Ord. #1462. Petition #32-Z-89
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1
b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1462
on second reading concerning a request by REYNOLDS METALS
DEVELOPMENT CORP., to rezone lands at the southeast
corner of NW 77 Street and Westwood Drive, such lands
to be the recreation area for the proposed WESTWOOD PINES
development, from R-4A (Planned Apartments) to S-1 (Open
Space/Recreation). Petition #32-Z-89
SYNOPSIS OF ACTION: ORDINANCE NO. 0-89-38 - PASSED
Public Hea nrx g was held.
a. ACCEPTED Affidavits.
b. APPROVED on second reading.
* a. C/M Rohr MOVED to ACCEPT Affidavits for Publication and
* Posting for Temp. Ord. #1462, SECONDED by V/M Bender.
VOTE:
ALL VOTED AYE
City Attorney Doody read Temp. Ord. #1462 by title.
* b. V/M Bender MOVED to APPROVE Temp. Ord. #1462 on second reading,
* SECONDED by C/M Rohr.
Kelly Carpenter -Craft, Director of Community Development,
said this was a request to rezone lands from R-4A
(Planned Apartments) to S-1 (Open Space/Recreation) . She
said the parcel contained 0.609 acres and the request was
processed by the applicant at the request of the State.
She said the parcel would be designated as a recreation
area for the proposed Westwood Pines development to be
located at the southeast corner of NW 77 Street and
Westwood Drive. She said the surrounding Land Uses and
Zoning were:
North Low Medium Density Residential
South Low Density Residential
West Medium Density Residential
East Low Density Residential
Mrs. Carpenter -Craft said the Planning Commission
recommended approval of this request at their October 18,
1989 meeting and she recommended approval of this
request.
Mayor Abramowitz Opened and Closed the Public Hearing
with no response.
VOTE:
ALL VOTED AYE
24. a. MOTION TO ACCEPT Affidavits of Publication, Mailing and
Post ng_Yor Temp. Ord. #1466. Petition #34-Z-89
b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1466
oni rst reading concerning a request by YOLANDA MAURER
to rezone lands on the south side of McNab Road, adjacent
to the existing shopping center at the southwest corner
of McNab Road and Nob Hill Road, from R--3 (Low Density
Multiple Dwelling) to LI--1 (Light Industrial) to conform
to the Broward County Land Use Plan. Petition #34-Z-89
SYNOPSIS OF ACTION:
Public Hear ni g was held.
a. ACCEPTED Affidavits.
b. APPROVED on first reading.
* a. V/M Bender MOVED to ACCEPT Affidavits of Publication, Mailing
* and Posting for Temp. Ord. #1466, SECONDED by C/M Rohr.
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VOTE:
ALL VOTED AYE
City Attorney Doody read Temp. Ord. #1466 by title.
* b. V/M Bender MOVED to APPROVE Temp. Ord. #1466 on first reading,
* SECONDED by C/M Rohr.
Kelly Carpenter -Craft, Director of Community Development,
said this request to rezone lands currently zoned R-3
(Low Density Multiple Dwelling) to LI-1 (Light
Industrial). She said this was another project at the
north half of Land Section 7 to bring the lands into
conformance with the Tamarac Land Use Plan. She said the
majority of Land Section was designated industrial and
this site consisted of 9.46 acres. She said the
surrounding uses were:
North
Low Density Residential
South
Industrial
East
Commercial
West
Industrial.
Mrs. Carpenter -Craft said the Planning Commission
recommended approval at their November 1, 1989 meeting
and she recommended approval of this request.
Mayor Abramowitz Opened and Closed the Public Hearing
with no response.
VOTE:
General Administrative
ALL VOTED AYE
25. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1457
on secondreading adopting and ena�g a neww Co3e for the
City of Tamarac (tabled on 11/8/89) .
SYNOPSIS OF ACTION: ORDINANCE NO. 0-89--39 - PASSED
Public Heari g was held.
APPROVED on second reading.
City Attorney Doody read Temp Ord. #1457 by title.
* C/M Rohr MOVED to APPROVE Temp. Ord. #1457 on second reading,
* SECONDED by V/M Bender.
City Attorney Doody said the Ordinance was readopting the
City Code already in existence. He said the Municipal
Code Corporation in Tallahassee, Florida, recodified the
City's Code, updated and deleted out -dated material. He
said anything of substance would come back to the City
Council for action. He said the Code called the Planning
Commission the Beautification Committee and the update
would be the elimination of the Beautification Committee
and reference to the Planning Commission was added. He
recommended approval of the City Code.
Melanie Reynolds, Resident, said more research should be
done on the City Code because there were Ordinances
omitted from the Code purposely. She said there were
memorandums from former City Clerk's indicating why the
Ordinances were omitted and she did not feel that the
Ordinances should be repealed as the proposed Ordinance
indicated.
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1
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Mrs. Reynolds said one Ordinance pertained to Section
6.09 of the Charter concerning petitions. She asked the
City Council to look into this matter further.
Carl Alper, Resident, said the purpose of codification
was to place many of the laws into the Code.
Mayor Abramowitz Closed the Public Hearing with no
further response.
VOTE: ALL VOTED AYE
Mayor Abramowitz asked the residents to make the comments
on the Tabled Public Hearing Items.
Arnold Begnelsky, Resident, said he would like to discuss
Item 22.
City Attorney Doody said the City Council Tabled Item 22
and the applicant was not present. He said it was not
appropriate for the City Council to begin building a
record on the project without the applicant being present
to hear and comment on the concerns.
Mayor Abramowitz said he would take the privilege of the
Chair and allow the public to speak unless it was illegal
and could harm the City.
City Attorney Doody said this was why he recommended the
City Council not allow the public to speak. He said the
City Council was not acting illegally; however, they
would be jeopardizing the existing procedure by starting
a discussion on an item when the applicant was not
present. He said the City Council decided on the
rezoning requests and the applicant and City Council
should be present to hear the public comments.
C/M Rohr said based on the City Attorney's
recommendations, he would not sit and hear comments on a
Tabled Item and especially since the applicant was not
present.
City Attorney Doody said there would be a Public Hearing
held on this Item and he wanted to make sure for the
record that the City did not jeopardize its position by
discussing the Item without the applicant present.
Mayor Abramowitz said at the end of the meeting, the
public could discuss anything that was not on the Agenda
during the Public Forum. He said the City Council
members could be contacted about this matter. He said he
would not allow the public to speak based on the City
Attorney's recommendation.
CONSIDERATIONS
Utilities/Engineering
5. a. MOTION TO APPROVE Addendum #25 to the engineering
agreement with Hazen & Sawyer in the amount of $8,000.00
to prepare the 1988/89 Annual TUW Operating Report as
required under the outstanding revenue bond trust
indenture.
b. MOTION TO APPROVE the transter of $8,000.00 from TUW
Contingency Account #425-371-586-588 to an account to be
established by the Finance Department to fund this project.
Page 19
11/22/89-pw
SYNOPSIS OF ACTION:
APPROVED a. and b.
* a. V/M Bender MOVED to APPROVE this Item, SECONDED by C/M Rohr.
City Manager Kelly said the provisions of the outstanding
revenue bond trust indenture required that the Utilities
Department submit an Annual Operating Budget Report. He
said for Fiscal Year 1988/89, in the Annual TUW Operating
Report it was necessary to engage services of an engineer
to provide the report. He said Hazen & Sawyer,
Consulting Engineers, submitted an agreement that would
allow them to perform this service at a cost of
$8,000.00. He said Item a., authorized the engagement of
the consultant and Item b., was a request to authorize
funding from the TUW Contingency Account to be placed in
an account to be established by the Finance Director.
VOTE:
ALL VOTED AYE
* b. V/M Bender MOVED to APPROVE this Item, SECONDED by C/M Rohr.
City Manager Kelly said this was a request for
authorization to be transferred from the TUW Contingency
Account in the amount of $8,000.00 to an account to be
established by the Finance Director.
VOTE:
Finance Department
ALL VOTED AYE
6. MOTION TO APPROVE the transfer of $224,020.00 from
various accounts to fund the revisions in the City's contri-
bution for employee health insurance pursuant to Resolution
R-89-279 (0-33) .
SYNOPSIS OF ACTION:
APPROVED.
* C/M Rohr MOVED to APPROVE this Item, SECONDED by V/M Bender.
City Manager Kelly said the City Council recently
approved Resolution R-89-279 which provided for an
increase in the City's contribution for insurance
coverage for the employees. He said the total share was
$224,020.00 and he recommended that the funds be
transferred from various accounts to pay the City's share
of insurance contributions for the employees.
Mayor Abramowitz asked the City Manager to indicate what
the various accounts were and City Manager Kelly said the
two accounts were the Budgetary Fund Balance and
Utilities Account. He said the funding would be provided
for two different Unions and employees. He said the
Utilities Account was enterprised funded and the General
Fund would not cover these employees.
Anthony Grimaldi, Resident, asked why the residents were
not informed of this matter during the budget process and
City Manager Kelly said the amount needed was not known
during the budgetary process.
Mr. Grimaldi said the residents were informed that there
was no funding available and City Manager Kelly said the
residents were informed at previous City Council meetings
that the City and Unions did not discuss funding during
negotiations.
Page 20
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An (unidentified) resident asked if $224,020.00 was for
insurance fees or for funds allocated to the Account and
Mayor Abramowitz said $224,020.00 was the contribution by
the City to the employees for their health insurance.
Mayor Abramowitz said the funding came from two separate
accounts because the Utilities budget was separate from
the General budget.
Mayor Abramowitz said he knew that "various accounts"
would raise concerns with the residents. He said that he
did not want to open discussions because he would have to
do it for everyone that wanted to speak.
Sol Regan, Resident, asked what "budgetary fund balance"
pertained to and Ken Burroughs, Finance Director, said
the budgetary fund balance was the available funds at the
end of the Fiscal Year which were not appropriated.
Mr. Burroughs said during the budget process and close of
the year, there were indications that there would not be
sufficient funds to allocate for health insurance;
however, the final results after the audit indicated that
the funding was available. He said he was very
comfortable that the budgetary fund balance as of
September 30, 1989, would be sufficient to authorize the
transfers.
Mayor Abramowitz said Mr. Burroughs would never inform
the City of anything that he was not certain of. He said
during the budgetary process, Mr. Burroughs was asked
several times about the funding available and Mr.
Burroughs always responded that this would not be known
until the audit was completed. He said when negotiations
were taking place the posture with the Union was not
secret because the funding available was not known. He
said Mr. Burroughs recently informed the City Council
that he was comfortable with the audit to provide funding
for employee health insurance.
Mayor Abramowitz said the residents kept asking where the
funds came from and seemed to be uncomfortable with the
truth. He said if staff did not have the appropriate
answer and wanted to wait until they were sure before
answering questions, he felt this was good business
practice. He said he respected Mr. Burroughs for
informing the City Council that he did not want to answer
questions until he was sure of the funding available.
TAPE 4
Mayor Abramowitz said Mr. Burroughs has been very honest
with the City Council and, until the audit was completed,
the actual amount would not be known. He said as soon as
the City knew of the amount the residents would be
informed.
VOTE: ALL VOTED AYE
7. MOTION TO APPROVE the transfer of $65,870.00 from Budgetary
Fund Balance Account #001-389-110 to various accounts within
the Fire Department to fund the salary increases for the
International Association of Fire Fighters (IAFF) employees
pursuant to Resolution R-89-286 (0-42).
SYNOPSIS OF ACTION:
APPROVED.
* C/M Rohr MOVED to APPROVE this Item, SECONDED by V/M Bender.
Page 21
11/22/89--pw
City Manager Kelly said this transfer was in the amount
of $65,870.00 and the various accounts were regular
salaries, FICA taxes and Pension contributions.
C/M Rohr said he was disturbed with the type of concerns
regarding the transfers. He said he refused to sit and
have games played with the City Council on legitimate
items that needed approval. He said the residents had
the right to ask questions; however, they should do it
with consideration and understanding.
V/M Bender said the questions raised by the residents
were the same questions he raised. He said the City
Council received backup at least one week before the
meetings and the backup introduced the breakdown of the
accounts, such as the account numbers, why and how the
transfers would occur. He said the City Council received
the information, reviewed it and asked questions, if any,
before making a decision on the information.
VOTE:
ALL VOTED AYE
8. MOTION TO APPROVE the transfer of $105,060.00 from various
accounts to fund the salary increases for executive/managerial,
confidential and supervisory employees pursuant to Resolution
R-89-287 (0-43) .
SYNOPSIS OF ACTION:
APPROVED.
* V/M Bender MOVED to APPROVE this Item, SECONDED by C/M Rohr.
Mayor Abramowitz asked that the transfer items on the
Agenda be identified regardless of how many pages were
required. He said he was offended by "various accounts"
and he would like the residents to know where the funding
was being transferred from.
Mr. Burroughs said the various accounts in the items on
the Agenda consisted of approximately 60 accounts. He
said it may be difficult to list the numerous accounts on
the Agenda.
Mayor Abramowitz said if the residents were interested
and asked the questions, he was pleased; however, he did
not like questions being asked for political reasons. He
said the residents had the right to know what the
accounts were and should be informed.
City Manager Kelly said when there were several accounts,
it was not appropriate to list them on the Agenda. He
said if this should occur in the future, the accounts
could be posted on the bulletin board for public review.
Mayor Abramowitz said something should be done to
communicate with the residents and, if posting the
accounts assisted the City and residents, it should be
done. He asked how many accounts were being used for
this Item.
V/M Bender said there were 65 accounts being referred to
and he would furnish the information to the residents for
review if they wanted it.
VOTE: ALL VOTED AYE
1
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9. MOTION TO APPROVE the transfer of $18,525.00 from various
accounts to fund the changes in the benefit option plan for
all individuals outside the City's bargaining units pursuant
to Resolution R-89--287 (0-44).
SYNOPSIS OF ACTION:
APPROVED.
*
V/M Bender MOVED to
APPROVE this Item, SECONDED by C/M Rohr.
City Manager Kelly said
available to
the benefit option
plan was
all of
the employees with the
exception of
the Fire Department,
who did not negotiate
for the
benefit. He said the
previous benefit was
$1,000.00 for
these employees and
the request was for approval
to
increase the benefit
to $1,300.00 for every
employee. He
said the total amount
was $18,525.00, which
was being
taken from budgetary
fund balances.
VOTE:
ALL VOTED AYE
10. MOTION TO APPROVE the transfer of $265,430.00 from various
accounts to un the salary increases for the Federation of
Public Employees (FPE) pursuant to Resolution R-89-288 (0-45).
SYNOPSIS OF ACTION:
APPROVED.
* V/M Bender MOVED to APPROVE this Item, SECONDED by C/M Rohr.
City Manager Kelly said in order to provide this money,
negotiations with the Union resulted in an increase of
4.7% and the transfer of funds was from the budgetary
fund balance. He said the transfer would provide monies
for the salaries retroactive to October 1, 1989, and this
was to be ratified by the employees prior to the end of
November, 1989, or the increases would be null and void.
V/M Bender said there was information available regarding
the amounts and account numbers of the various accounts.
VOTE:
ALL VOTED AYE
At this time, Mayor Abramowitz RECESSED the meeting and
RECONVENED with ALL PRESENT.
Fire Department
11. MOTION TO APPROVE the emergency purchase of an air conditioner
in the amount o $2,495.00 for Fire Station #2 pursuant to
Section 9-39 of the City Code.
SYNOPSIS OF ACTION:
APPROVED.
* C/M Rohr MOVED to APPROVE this Item, SECONDED by V/M Bender.
City Manager Kelly said Station 12 needed a new air
conditioning unit because it has broken down and has been
repaired several times. He said it was not worth fixing
the unit again and the unit recently broke down. He said
the Fire Chief was concerned with leaving the windows
open and jeopardizing the security of the Fire
Department. He said he determined that this was an
emergency and authorized the Fire Department to secure
the necessary quotes.
Page 23
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City Manager Belly said four quotes were received ranging
from $3,500.00 to $2,495.00. He said the lowest bid was
from a responsible bidder and he authorized the Fire
Department to proceed. He said he notified the City
Council as per the Code and he had to bring this Item to
the City Council for confirmation. He said the system
was a central air conditioner.
VOTE: ALL VOTED AYE
RESOLUTIONS
Community Development
12. MOTION TO ADOPT Temp. Reso. #5599 approving a site plan and
as� s� c ated documents for KINDERCARE LEARNING CENTERS (tabled
on 11/8/89).
(to be located on the west side of University Drive south
of NW 71 Court)
SYNOPSIS OF ACTION:
TABLED until t e January 10, 1990 City
Council meeting at the request of the
applicant.
City Attorney Doody read Temp. Reso. #5599 by title.
* C/M Rohr MOVED to APPROVE Temp. Reso. #5599, SECONDED by
* V/M Bender.
Carol Evans, City Clerk, said the applicant requested
that this Item be Tabled until the January 10, 1990 City
Council meeting.
* C/M Rohr MOVED to TABLE Temp. Reso. #5599 until the January
* 10, 1990 City Council me e nz g at the request of the applicant,
* SECONDED by V/M Bender.
VOTE: ALL VOTED AYE
13. MOTION TO ADOPT Temp. Reso. #5595 approving a site plan and
assoiated documents for WOODALE (tabled on 11/8/89).
(to be located south of NW 78 Street and east of NW 80 Avenue)
SYNOPSIS OF ACTION:
TABLED to the December 6, 1989 City Council
meeting at the request of the applicant.
City Attorney Doody read Temp. Reso. #5595 by title.
* V/M Bender MOVED to APPROVE Temp. Reso. #5595, SECONDED by
* C/M Rohr.
Kelly Carpenter -Craft, Director of Community Development,
said the applicant requested this Item be deferred until
the December 6, 1989 City Council meeting.
* C/M Rohr MOVED to TABLE Temp. Reso. #5595 until the December
* 6, 1989 City Council meeting at the request of the applicant,
* SECONDED by V/M Bender.
VOTE: ALL VOTED AYE
General Administrative
14. MOTION TO ADOPT Temp. Reso. #5613 supporting the Broward
County Boardrd of County Commissioners placing the question
of a local option sales tax for infrastructure on the ballot.
Page 24
11/29/89-pw
SYNOPSIS OF ACTION: RESOLUTION NO. R-89-292 - PASSED
APPROVED.
City Attorney Doody read Tem2. Reso. #5613 by title.
* V/M Bender MOVED to APPROVE Temp. Reso. #5613, SECONDED by
* C/M Rohr.
Mayor Abramowitz said the State mandated that each County
place a Referendum on the Ballot concerning a local
option sales tax for infrastructure. He said the
residents would be voting whether or not they would pay
an additional $.01 for sales tax.
Mayor Abramowitz said there has been an intense lobbying
effort in the County and State regarding this matter. He
said when he heard this proposal, he did not believe that
the sales tax would be approved. He said the State
mandate included that the amount of money generated by
the tax would be disbursed to Broward County in the
amount of 50% and 50% would be given to the individual
Cities to use for infrastructures.
Mayor Abramowitz said during the proposal, he objected to
the conditions of the contract. He said according to
the City of Tamarac in their report to Broward County,
the State and the Comprehensive Land Plan, the City would
need $75,693,848.00 for infrastructures. He said the
$.01 sales tax would provide the City approximately
$3,000,000.00 per year. He said the sales tax would be
null and void in 15 years, if approved; however, a $.07
sales tax would generate approximately $52,709,196.00.
Mayor Abramowitz said there have been several concerns
about the lighting and sidewalk conditions in the City.
He said 1-1/2 years ago, he stated that he intended to
ask the residents in the next election to allow the City
to borrow $3,000,000.00 to address the lighting and
sidewalk conditions in the City. He said this would not
occur and his comments during the Broward League of
Cities and Northwest Mayor's Council meetings was his
need for a guarantee that the County would never diminish
the 50% revenue. He said he wanteda contractual
obligation that the County could not reduce or diminish
the 50% allocation to the Cities.
Mayor Abramowitz said he wanted the Cities to use the
money as they deemed necessary. He said each Cities had
different problems and he did not want the State to
mandate the Cities on how their monies could be used. He
said the Cities agreed with him and there was a
memorandum of understanding sent to the Cities for
recommendation. He said if the proposed sales tax
increase was approved, it would cost the residents
approximately $80.00 per year.
Mayor Abramowitz said if the proposed sales tax was
approved, it may be possible to use one million dollars
per year for the debt service, which would enable the
City to correct problems such as sidewalks and lighting.
He said the County informed the Cities that the County
taxes next year would have to be drastically increased if
the proposed sales tax was not approved. He said this
was another example of State mandates without funding.
Page 25
11/29/89-pw
Mayor Abramowitz said the City Council was voting to
inform Broward County that Tamarac was recommending the
proposed $.01 sales tax Referendum be placed on the next
Ballot. He said he would like the Resolution approved
with the condition that the Cities be guaranteed that
their share of the revenue would never be diminished and
the Cities would have the opportunity and right to
disburse their share of the revenue as needed.
City Manager Kelly said the estimate of revenue for
Tamarac over a period of 15 years was approximately
$52,000,000.00 and, pro -rated based on the City's
population, was approximately $3,0000,000.00 per year.
He said as the population increased, the revenue would;
hopefully, increase. He said it was very important for
the residents to participate in the State Census because
the amount to be received by the City was based on the
City's Census.
City Manager Kelly said all State revenues generated were
calculated and the amount of resident participation would
be used to calculate the City's revenue amount. He said
20% of the monies generated were projected to come from
tourists of the City and not the local residents. He
said if Broward County did not receive the revenue, the
residents would be charged higher taxes next year if an
incinerator, jail, etc., was built. He said it would be
a lesser burden if the sales tax revenue could be used
for these things.
Mayor Abramowitz said the City was under a lot of
pressure from the County and State regarding this matter.
He said he received several telephone calls from these
Agencies regarding the importance of the proposed sales
tax. He said he objected to the method of dispersal
because every City had different needs and should be able
to use the funds where needed. He said information was
available for the residents who wanted to review it.
VOTE:
Public Works Department
ALL VOTED AYE
18. MOTION TO ADOPT Temp. Reso. *5606 eliminating the Building
Superintendent and ConTli-d—entiel Secretary positions within
the Public Works Department and creating Foreman -- Building
and ,janitorial position and an Office Manager position with
the Public Works Department.
SYNOPSIS OF ACTION; RESOLUTION NO. R-89-296 - PASSED
APPROVED.
City Attorney Doody read Temp. Reso. #5606 by title.
* V/M Bender MOVED to APPROVE Temp. Reso. #5606, SECONDED by
* C/M Rohr.
City Manager Kelly said this request was for staff
restructure in the Public Works Department. He said the
Director of Public Works requested that the Building
Superintendent and Confidential Secretary positions be
eliminated. He said there would be new positions created
where were, Office Manager and Foreman - Building and
Janitorial positions. He said the overall decrease would
be $1,700.00; however, the changes would provide more
efficient operation of the Public Works Department. He
recommended approval of this request.
Page 26
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VOTE :
Mayor Abramowitz announced that
be heard at 5:05 P.M. He said
holding both of their December,
meetings at 7:00 P.M.
ALL VOTED AYE
Items 26, 27 and 28 would
the City Council would be
1989, City Council
OPEN PUBLIC FORUM
29. OPEN PUBLIC FORUM
Mary Seidel, Resident, commended the City Council for
their wisdom because he recently read that Deerfield
Beach Police recently merged with the Broward Sheriff's
Office under a similar contract as Tamarac. He said the
City Council saved the residents approximately $20,000.00
by not holding a Referendum.
Mr. Seidel asked if the City could legally mandate
Continental Cablevision to correct the problems with the
cable.
Mayor Abramowitz said when the Federal Government
deregulated the cable companies, the City leverage and
power over the companies was taken away. He said the
cable company responded to the residents' needs; however,
the response time was not good. He said he received
several requests regarding the problems; however, the
City could no longer control the companies. He said he
would be asking the City to investigate the rumors that
the company provided pornographic films.
City Attorney Doody said the City Council should be
cautious in how they use the language "pornography" and
how it was applied to a particular item.
Mr. Seidel asked if there has been further progress
regarding the Florida Power & Light transmission line and
Mayor Abramowitz replied, no, and he did not want this
matter discussed at this time.
Mr. Seidel suggested that the City Council concentrate on
more harmony as opposed to name calling.
Anthony Grimaldi, Resident, had concerns with the
comments made by the City Council after a resident spoke.
He said he resented the insults and comments made to the
residents. He said he was concerned regarding the
athletic club Item because of the several problems the
residents had with other athletic clubs in the City. He
said after his comments, it was stated that political
comments were made. He said he did not speak for
political reasons and he was not running for office.
Mr. Grimaldi said he did not appreciate Mayor Abramowitz
using his Navy record as reference because there were
several other people that served for the United States
that did not use their records as references.
Sol Regan, Resident, said the residents asked questions
because they did not know the answers. He said if a
resident asked a question of the City, an answer should
be given without problems.
Mayor Abramowitz said during a meeting, the questions
were answered at the proper time and place.
Page 27
11/29/89-pw
Mr. Regan said the City Council should not comment
politically on the residents concerns.
REPORTS
30. CITY COUNCIL REPORTS - No Reports.
31. CITY MANAGER REPORT
City Manager Kelly wished everyone a Happy Thanksgiving.
32. CITY ATTORNEY REPORT
City Attorney Doody said there would be a public hearing
e on� the Flar�''i a� Power & Light transmission power line
in the City of Davie at the Rolling Hills Country Club on
November 30, 1989 at 7:30 F.M.
With no further business, Mayor Abramowitz RECESSED this
meeting at 12:05 P.M. and RECONVENED at 5:05 P.M. with
ALL PRESENT as before.
ORDINANCES
Community Development
26. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1446 on
second reading to amend Chapter 18 of tie City Code pertaining
to off-street parking.
SYNOPSIS OF ACTION: ORDINANCE NO. 0-89-40 - PASSED
Public Hear g was held.
APPROVED on second reading.
City Attorney Doody read Temp. Ord. #1446 by title.
* V/M Bender MOVED to APPROVE Temp Ord. #1446 on second reading,
* SECONDED by C/M Rohr.
Kelly Carpenter -Craft, Director of Community Development,
said this application was processed and developed by
staff to change the size of required parking in
multi -family and commercial districts. She said staff
was recommending 9 X 18 feet in multi -family districts
and the City Council requested that following language,
"this requirement was intended to be the minimum parking
space size requirement and was not intended to require
existing spaces to be decreased in size".
Mrs. Carpenter -Craft said commercial spaces would be 10 X
18 as opposed to 10 X 20 and there would be requirements
for waivers as well as including standards for the
determination of a hardship when it was requested. She
said the Planning Commission recommended approval of this
Ordinance at their August 24, 1989 meeting and she
recommended approval.
Mayor Abramowitz Opened and Closed the Public Hearing
with no response.
VOTE: ALL VOTED AYE
27. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1461 on
second reading to amend -C apter 21 of tFe City Code pertaining
to signs.
Page 28
11/29/89-pw
SYNOPSIS OF ACTION: ORDINANCE NO. 0-89-41 - PASSED
Public Hear ng was held.
APPROVED on second reading.
City Attorney Doody read Temp. Ord. #1461 by title.
* V/M Bender MOVED to APPROVE Temp. Ord. #1461 on second reading,
* SECONDED by C/M Rohr.
Kelly Carpenter -Craft, Director of Community Development,
said this was the first amendment to the new Sign Code.
She said the first request was by C/M Hoffman to delete
the language, "sign height measured at the crown of the
adjacent roads", and add, "sign height measured at the
edge of the pavement of the road".
Mrs. Carpenter -Craft said the second amendment allowed
the location of signs within the public right-of-way in
cases where a government was holding right-of-way which
was not yet being used for a street and the applicant may
request to locate a ground sign in that right-of-way
providing the applicant could meet the criteria in the
Ordinance. She recommended approval of the amendments.
Mayor .Abramowitz Opened and Closed the Public Hearing
with-- ni5 response.
VOTE:
ALL VOTED AYE
RESOLUTIONS
Community Development
28. MOTION TO ADOPT Te�T Reso. #5612 approving a site plan
and aTWater and Sewer Developers Agreement with WESTWOOD PINES.
(to be located at the southeast corner of NW 77 Street and
Westwood Drive - formerly Cinnamon Wharf)
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R--89-298 - PASSED
City Attorney Doody read Temp. Reso. #5612 by title.
* V/M Bender MOVED to APPROVE Temp. Reso. #5612► SECONDED by
* C/M Rohr.
Kelly Carpenter -Craft, Director of Community Development,
said this request was for approval of a site plan for
Westwood Pines, Tract 37. She said the parcel was zoned
R-4A and designated residential on the Tamarac Land Use
Plan. She said the parcel consisted of 14.258 acres and
the proposed use was for 208 rental apartments. She said
the Planning Commission recommended approval of the site
plan and the applicant complied with all of the concerns.
Mrs. Carpenter -Craft said the site plan was exhibited on
the easel before the City Council and the applicant paid
all of the required fees. She recommended approval of
this request.
Mayor Abramowitz asked if the size of the units were
stipulated and Mrs. Carpenter -Craft said this information
was on the building plans. She said the applicant
submitted building plans indicating that the minimum unit
exceeded 700 square feet.
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11/29/89--pw
Mayor Abramowitz asked if this stipulation followed the
property and Mrs. Carpenter -Craft said it was not a
covenant running with the land; however, the applicant
submitted these sizes as the minimum size.
Mayor Abramowitz Opened and Closed the Public Hearing
with no response.
VOTE:
ALL VOTED AYE
Mayor Abramowitz wished everyone a happy and healthy
holiday.
City Attorney Doody said he would be at the Florida Power
& Light meeting on Monday; however, he would try to
return to City Hall before the end of the day.
With no further business, Mayor Abramowitz ADJOURNED this
m [ao�irn n+- C.In D M
"This public document was promulgated at a cost of $270.60 or $33.83 per
copy to inform the general public, public officers and employees of
recent opinions and considerations of the City Council of the City of
Tamarac."
CrrY OF TAMAR.AC
APPROVED AT MEETING OF
City Clerk
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