Loading...
HomeMy WebLinkAbout1990-05-23 - City Commission Regular Meeting MinutesCITY OF TAMARAC CITY COUNCIL REGULAR MEETING WEDNESDAY, MAY 23, 1990 CyL__TO ORDERe, Mayor Abramowitz called this meeting to order on Wednesday, May 23, 1990 at 9:00 A.M. in the Council Chambers. Mayor Abramowitz called for the Pledge of Allegiance followed by Moment of Silent Meditation. pP�sE`*t" Mayor Norman Abramowitz Vice Mayor Bruce Hoffman Councilman Dr. Larry Bender Councilman Henry Schumann Councilman Henry Rohr ALSO ER�'a�! John P . Kelly, City Manager Alan F. Ruf, Interim City Attorney Carol A. Evans, City Clerk Pauline Walaszek, Secretary I. PRESENTATION by City Manager Kelly of five-year service awards to VIVIAN "DEE" WILLIAMS and DAVID RADZIVILL of the Fire Department and ten-year service awards to TONY BRANTLEY, Utilities Department and JOHN SCHUMACHER and BRETT SOLOWAY of the Fire Department. SYNQPSIS-0Z ACTI U s PRESENTATIONS were made. Fire Chief Ray Briant accepted the award for Brett Soloway who was absent. City Manager Kelly presented five-year service awards to Vivian "Dee" Williams and David Radzivill and ten-year service awards to Tony Brantley and John Schumacher. Fire Chief Ray Briant accepted the award for Brett Solomany. 2• PBZSRNTATTON by Mayor Abramowitz of a proclamation designating June, 1990, as "MAX INGRAM MONTH". PRESENTATION was made to Maxwell Ingram. Mayor Abramowitz read the proclamation and presented it to Max Ingram. Max Ingram thanked the City Council for the proclamation and he said he was accepting the proclamation on behalf of the City officials, Boards, Committees and Lou Solomon, previous Parks Commissioner. Page 1 5/23/90-pw 3. PRERENTATUM by Mayor Abramowitz of a proclamation designating May 20-26, 1990, as "NATIONAL PUBLIC WORKS WEEK". SYNOPSIS OF ACT,1 �; PRESENTATION was made to Mike Couzzo, Assistant City Manager/Director of Public Works/Parks and Recreation. Mayor Abramowitz read the proclamation and presented it to Mike Couzzo, Assistant City Manager/Director of Public Works/Parks and Recreation. Mayor Abramowitz said he was very proud to present this proclamation which was for all the children and residents of the City. 4. ANNOUNCEMENT of positions available on the following boards and Committees in June, 1990: Code Enforcement Board Consumer Affairs Board Insurance Advisory Board Investment Advisory Board Parks and Recreation Board Public Information Committee Social. Services Board Veterans Affairs Committee ,SYNOPSIS OF ACTION: ANNOUNCEMENTS were made by Mayor Abramowitz. Mayor Abramowitz announced the positions available on the above named Boards and Committees. CQ]RNXRT Afgf:NDA ITEM , 5 a, t_42;p1*Ctk q City Clerk 5. a. MOTION Tq_A?RFgyP4 the minutes of the following City Council minutes: 1. 4/25/90 - Regular Meeting 2. 5/04/90 - Special Meeting SYNOPSIS OF AC,T.IQN : APPROVED 6.a.1. and 6. a. 2. b. MOTION TO "?Z= renewal of a model sales permit for THE COURTS AT WOODLAND (WOODLAND COVE) in Unit 1 of Building 1, 5811 Woodlands Boulevard, for a six-month period from 6/28/90 to 12/28/90. SXNOP$IS OF AC,.T,MN: APPROVED. Page 2 5/23/90-pw 1 E 1 c, VQJJON TO AERROVE renewal of a model sales permit for BOARDWALK APARTMENTS (CONCORD VILLAGE II) administrative facility in Building 10, Unit 8650, for a six --month period from 6/25/90 to 12/25/90. tk� [0) Z13 ONQ •. d. MOTION TO APPRM renewal of a model sales permit for HIDDEN HARBOUR for a six-month period from 6/24/90 to 12/24/90. SYNOPSIS OF ACTION: APPROVED. e. MOTION TO APPROVE the attendance of Millie Hammel and Jo Forti at the Florida Association of Code Enforcement Annual State Conference and Certification Seminar on June 13-15, 1990, in Tampa, Florida. f. SON TO APPROVE the attendance of Kelly Carpenter at the 1990 Environmental Permitting Summer School on July 11-13, 1990, on Marco Island, Florida. NO' •N Lagipeering/Utilitial- g. MOTION TO ADOPT TeM _ Reso. #5796 to release the cash performance bond in the amount of $2,000.00 posted for paving and drainage for the ISLES OF TAMARAC CLUBHOUSE subject to receipt of a one-year warranty bond in the amount of $500.00 (890324). RESOLUTION R-90-136 - PASSED APPROVED. * V/M Hoffman MOVED to APPROVE Consent Agenda Item 5 a. * through g., SECONDED by C/M Bender. 6. NQTION TO APPROVE the purchase of 15 air packs, 15 air cylinders and 40 face masks at a Cost of $27,263.75 under the City of Lake Worth's Bid #89/90-157. Page 3 5/23/90-pw 1 * V/M Hoffman MOVED to APPROVE this Item, SECONDED by * C/M Bender. Fire Chief Ray Briant said there was $30,000.00 budgeted last year for the packs and, by using Lake Worth's Bid, the City would be saving approximately $3,000.00. He said the equipment was 15 years old and needed to be replaced. He recommended approval of this item which would be used for smoke filled or contaminated toxic areas for the Firefighters, not for diving. Mayor Abramowitz said it would be impossible for Cities like Tamarac to have a complete Fire Department. He said the City was part of the Mutual Aide Program with the surrounding Cities. VOTE ALL VOTED AYE 7, approving a site plan and associated documents for CHEVRON FACILITY to be located at 5650 Pine Island Road. RESOLUTION R-90-137 - PASSED APPROVED subject to a limited parking waiver being approved by the City Council. Interim City Attorney Ruf read Tema- Reno_#5801 by title. * C/M Rohr MOVED to APPROVE Temp. Rego. #5801, SECONDED * by C/M Bender. Kelly Carpenter, Director of Community Development, said this was a final site plan for the lands located at the northeast corner of Pine Island Road and Commercial Boulevard which consisted of 1.371 acres. She said the site currently housed the City's Public Works Department; however, the Department was being moved elsewhere. Ms. Carpenter said the Tamarac Land Use Plan designated the lands as commercial and the parcel was properly zoned B-2. She said the lands had a special exception for a gas station which was approved by the City Council. Ms. Carpenter said the site plan was reviewed by the Tamarac Staff Review Committee and the Committee comments were attached. She said one of the zero degree parking spaces was located over a manhole; therefore, this space would be moved to the west and the site plan had to be changed to reflect this. Ms. Carpenter said there was one electric easement and one 20-foot utility easement which the Public Works Department required yesterday and this should be placed on the Plan. Page 4 5/23/90-pw Ms. Carpenter said the landscape plan indicated existing landscaping that the City currently had on the site and this landscaping should remain on the site. She said this morning there was a decision to remove the landscaping from the applicant's landscaping plan. She said with this landscaping removed, the applicant met the minimums of the Code. Ms. Carpenter said the surrounding land uses and zoning were: North Commercial South Commercial (Lauderhill) East Commercial West Commercial Ms. Carpenter said the application was in compliance with all,the elements of the Comprehensive Plan and all applicable services and facilities including regional roads were being provided. Ms. Carpenter said the Planning Commission recommended approval of the final site plan at their May 15, 1990 meeting subject to a limited parking waiver and additional landscaping being provided to the single row of hedges to create an adequate buffer. She recommended approval of the final site plan subject to the limited parking waiver being advertised and heard by the City Council on June 13, 1990. Ms. Carpenter suggested the City Council approve the final site plan subject to the limited parking waiver being approved, the landscaping removal, no parking over the manhole and the two additional easements. Ms. Carpenter said the applicant paid all the fees required by the City. V/M Hoffman asked why the landscaping was being removed and City Manager Kelly said it was the City's intention to salvage the trees and relocate them to the City's property in Land Section 7. City Manager Kelly said the applicant was putting in their own landscaping and chose not to pay the City to retain the trees; therefore, different landscaping would be implemented on the property. Mayor Abramowitz said this property was located across the street of the gas station that was voted the most beautiful in Sroward County. He said he became very nervous when the landscaping was being planned. He said he hoped the applicant would provide nice landscaping on the property. City Manager Kelly asked David Felton, Representative of Chevron USA, when the applicant would be going for a building permit once the necessary approvals were given. Mr. Felton said the building permit would be applied for as soon as approvals were given because the existing documents would have the revisions discussed at this time. Page 5 5/23/90-pw C/M Schumann asked if there was an official request for the double buffering and Ms. Carpenter said the double buffering was included in the site plan. 8, awarding Bid #90-7 in the amount of $39,438.00 to DRD Enterprises for the excavation and disposal of slaked lime sludge and detritus from Colony West Country Club canal (tabled on 5/9/90). SYNOPSIS OF ACTION-*- RESOLUTION R-90-138 - PASSED APPROVED Interim City Attorney Ruf read by title. * C/M Rohr MOVED to APPROVE Temp. Reso_ #579" SECONDED * by V/M Hoffman. Bob Foy, Director of Utilities/Engineering, said this was a request to award a bid to the low bidder for $39,438.00 to excavate lime sludge from the lake at the Colony West Country Club. He said the water treatment plant discharged water into the lake and the lime sludge was a carry over from the plant. Mr. Foy said in May, 1990, the City received an Environmental Quality Control Board inspectors report which advised that the lime sludge should be removed because the water in the lake was discolored. He said there was a response to the report which indicated that the operations would be modified to eliminate the carry over. He said he informed the Environmental Quality Control Board that there would be money in this year's budget to excavate the lake. He said the funds were approved and the funds were presently in place. Mr. Foy said he would like to avoid a notice of violation from the Environmental Quality Control Board; therefore, this matter should be resolved immediately. He said if the City received a notice of violation there may be a fine as well. He recommended approval of this project. Mayor Abramowitz said he understood that once this problem was amended, it would not occur again and Mr. Foy agreed with this. Mr. Foy said a dam would be placed in the lake to catch the lime when the excellator was being cleaned. He said he did not expect to excavate the lake again and he was presently requesting the Department of Environmental Regulations give their permission to recycle the water. He said the Broward County Health Department advised him that they would be supporting the City's request. Page 6 5/23/90-pw 1 1 1 Mayor Abramowitz said he wanted to make sure the City was responsible for the things being withdrawn from the lake and Mr. Foy said the lime sludge was from the City's water plant. C/M Bender asked where the sludge would be taken and Mr. Foy said the contractors would be responsible for disposing the sludge. Mr. Foy said this was not a hazardous material but was sludge used for fill. 9• MOTION .TO AnOPT Temn- Rego- #5800 accepting the Tamarac Utilities West Annual Report of Water and Wastewater System for Fiscal Year 1988/89 as prepared by Hazen and Sawyer, P.C. ,SYNOPSTS OF ACTION: RESOLUTION R-90-139 - PASSED APPROVED Interim City Attorney Ruf read 'A=- R$#2-#5800 by title. * V/M Hoffman MOVED to APPROVE Temp. Ressoo.#5800, * SECONDED by C/M Rohr. Bob Foy, Director of Utilities/Engineering, said the report was part of a bond indenture that required the consulting engineer to issue a report of the status of the utility. He said the report indicated that the utility was in good shape and the City should consider a rate increase. He recommended approval of this report. City Manager Kelly said the summation of the report indicated that the Tamarac Utilities West operation performed well in 1988/89 and continues to provide a well planned, well maintained utility system for the City. He said the City Council was not approving the report but accepting it. He said the report was lengthy and the City Council could act on this matter in the future if needed. Mayor Abramowitz said he was pleased with the Utility/Engineering Department. 10. authorizing a rate increase to North American Life Assurance Company for employee group life insurance from $.31 per $1,000 to $.39 per $1,000 and for accidental death and dismemberment insurance from $.05 per $1,000 to $.06 per S1,000. RESOLUTION R-90-140 - PASSED APPROVED. Interim City Attorney Ruf read Te=- Reao,.„_15794 by title. * V/M Hoffman MOVED to APPROVE , * SECONDED by C/M Bender. Page 7 5/23/90-pw City Manager Kelly said last year the insurance company made their assessments and it was determined that the City would have to increase their payment by $.01. He said this year, the City was notified by North American Life Insurance that a rate increase was necessary due to a higher average age of the employees and the lower group volume and unfavorable claim experience. City Manager Kelly said staff felt that a lot of the claims in the past were corrected and the employees had the option not to participate in the program by waiving their rights. He said some of the younger people did not participate in the program because they had outside insurance. City Manager Kelly said the request was to approve the rate increase from $.31 per $1,000.00 to $.39 per $1,000.00 and an increase for death and dismemberment from $.05 per $1,000.00 to $.06 per $1,000.00. V/M Hoffman asked if the City could do better with another company and City Manager Kelly said the City was advertisi for other proposals at this time. 15. on first reading to amend Section 24-61 of the Code to provide that the membership of the Planning Commission shall be five (5) members who shall serve two (2) year staggered terms and one (1) alternate member who shall serve for one (1) year. ,SYNOPSIS OF ACTION: APPROVED on first reading. Second reading and public hearing will be held on June 13, 1990 at 7:30 P.M. Interim City Attorney Ruf read Temv. Ord__ #1491 by title. * V/M Hoffman MOVED to APPROVE lam. Ord. #1491 on first * reading, SECONDED by C/M Bender. Mayor Abramowitz said the City Council should direct the City Attorney to draft an Ordinance regarding the amendment to the Code. He asked if Kelly Carpenter, Director of Community Development, felt that this amendment was needed to bring the City into the 21st Century. Ms. Carpenter said this was correct and she recommended approval of this Ordinance. She said the Planning Commission approved of this amendment as well. Page B 5/23/90--pw Melanie Reynolds, Resident, said the residents were pressured into merging with the Broward Sheriff's Office and now the residents were being asked to vote to amend the Charter. She said she did not approve of what the City Council was doing to the Charter and their actions were a perfect example of political expediency. Mrs. Reynolds said the other day a Councilmember stated that when the Council voted to accept the Audit, they only voted on receiving the report. She said the City Council did not approve the contents of the audit and she said this was very hard to believe because last year the City Council accepted the audit without comments. Mrs. Reynolds said the City Council accepted the audit last year submitted by Touche Ross and the auditor was not given the opportunity to give a presentation. She said the City Council did not ask any questions. Mrs. Reynolds said the City Council recently accepted the recodified Code which consisted of lies. She said accepting the Recodified Code did not make the contents legitimate. She said the City Council did not seem interested in the government or the residents. She said the City Council seemed too lazy to find out what they were really doing. Mrs. Reynolds said she felt that the City Council was ruining her City by allowing the employees to undermine them and, financially, the City Council was ignorant because they did not see what was really occurring. She said the City Council consistently approved things that they did not understand. Mrs. Reynolds said the Finance Director was supposed to present a monthly written report to the City Council regarding the City's investment at a special or regular City Council meeting. She asked how often this was done since the present City Councilmembers have been in office. Mrs. Reynolds said Helen Massaro, former Councilwoman, fought for the City's money; however, the present City Council was not acting properly regarding the City's money. C/M Rohr said he received a report every month from the Finance Department and Mayor Abramowitz said each Councilmember received this report monthly. C/M Rohr said Mrs. Reynolds was one of 43,000 people in Tamarac and she set herself as the be-all of the City. He said the present and future Council should not allow Mrs. Reynolds to decide what was done correctly. He said he cannot understand how Mrs. Reynolds could continually come before the City Council and state that things were not being done correctly. C/M Rohr said Mrs. Reynolds did not take into consideration that she may be wrong and all the other residents and the City Council seemed pleased with the Page 9 5/23/90-pw way the City was being operated. He said Mrs. Reynolds should contact someone who was satisfied with the City's operations. He said he was tired of hearing Mrs. Reynolds complaining about the operations of the City and the actions of the City Council. 17. City Council 18. 19. C/M Schumann -- No report. C/M Rohr reported that the Recycling Task Force held their first meeting on May 11, 1990 at City Hall. He said there were representatives of Southern Sanitation present as well as himself, the Assistant City Manager, Murray Freid of Sands Point, Belle Strauss of Limebay and Bob Weinberg of Kings Point as well as Vice Chairman. C/M Rohr said the meeting was held for approximately 2 hours and the discussion concerned attempts for a recycling program for condominiums. He said they felt that Kings Point was the largest condominium area; therefore, a recycling program would be reviewed in that area. C/M Rohr said yesterday everyone met at Kings Point and they reviewed the physical setups. He said every condominium had its own problems and they would have to be visited individually. He said all of the sections in Kings Point were reviewed which consisted of two and three story buildings and each section was very different. C/M Rohr said the trash had to be brought to a dumpster in a certain section; therefore, they felt there would have to be another inspection and a representative of Southern Sanitation suggested that a truck be used with a smaller dumpster for the outside area. C/M Rohr said everyone would meet again at Kings Point and try to implement a recycling program. He said in order for a recycling program to work, it had to be convenient to the residents. He said the meeting of the Recycling Task Force would be held on June 8, 1990. Mayor Abramowitz asked what condominiums would be reviewed next and C/M Rohr said the next condominium to review was Bermuda Club because it was the next largest condominium. CIM _Bender - No report. V/j ,3ULttM= - No report. Mayor Ahramovits - (See Page 11) City Manager - No Report. City Attorney - No report. Page 10 5/23/90-pw i 1 17. City Council Mayor Abramovitz said he hosted the Broward League of Cities Liaison meeting and there were 14 representatives from the surrounding Cities. He said he was very proud that every person attending the meeting commented about how beautiful City Hall was. Mayor Abramowitz said the government world has changed because of the Comprehensive Land Plan. He said Commissioner Linda Schwartz from Pembroke Park was sitting next to him. He said Pembroke Park had approximately 6,000 residents and that City was fined $168,000.00 for not being in compliance with the Comprehensive Land Plan. Mayor Abramowitz said the Comprehensive Land Plan was a 10 year blueprint and design of how the Cities would operate and provide for the future. He said if something was put in the Plan, it had to be done. Mayor Abramowitz said the City of Coconut Creek was found in non-compliance because they did not provide for beach front. He said he did not know how Coconut Creek could provide beach front. Mayor Abramowitz said when the Director of Community Development, Kelly Carpenter, began the Comprehensive Plan there were a lot of problems before it could be submitted to the State for review. He said Ms. Carpenter did a great job in getting the Comprehensive Plan in order and when the City was found in non-compliance they were able to correct the concerns. Mayor Abramowitz said the City Council and staff would never understand the task Ms. Carpenter and her staff had in creating the Comprehensive Plan. Mayor Abramowitz thanked the City Manager and he suggested City Manager Kelly informed Ms. Carpenter and her staff that the City Council was proud of the job done for the Comprehensive Plan. At 9:50 A.M., Mayor Abramowitz RECESSED this meeting and RECONVENED at 10:00 A.M. with SLz P.RIAZET . 11. = LIC HEARING - MOTION TO ADOPT Tom:..., Remo, . 45798 authorizing the appropriate City officials to execute a Stipulated Agreement with the Florida Department of Community Affairs setting forth the amendments to the City's Comprehensive Plan in order to bring the Plan into compliance with the requirements of the Florida Department of Community Affairs. RESOLUTION Public Hearing was held. APPROVED as amended on Page 7 of the Agreement, changing 1160 days" to "90 days". Page 11 5/23/90-pw R-90--141 - PASSED Interim City Attorney Ruf read ,Tamp- Raso- l5798, by title. C/M Bender MOVED to APPROVE , SECONDED by V/M Hoffman. Kelly Carpenter, Director of Community Development, said the City Council received a document containing approximately 45 pages which was labelled "State of Florida Division of Administrative Hearings. She said this document was the stipulated settlement agreement between the City and the Florida Department of Community Affairs. Ms. Carpenter said the City Council adopted the Plan on January 24, 1990 and the City was notified by the State that they were finding the Plan in non --compliance. She said Exhibit "A" of the document was the notice of non- compliance. She said the City was required to make revisions to address the notice of non-compliance. She said the notice dealt with three areas. Ms. Carpenter said the City was informed that they were missing the data and level of service standards to the specifications of the State concerning drainage, water and sewer for the Broward County Service area and Tamarac Utility East. She said the plans did not contain a flood zone, drainage basin and a capital improvement needed maps. Ms. Carpenter said the State found that their capital improvement element was in non-compliance because of financial and feasibly because unfunded County projects were listed. Ms. Carpenter said the third area of non-compliance was that the Tamarac Land Use Plan was not in compliance with the County, Regional and State Plans concerning the City's designation of a 5-acre utility site west of the Sawgrass Expressway north of Commercial Boulevard. She said the County Plan had a site in the access of 31 acres. She said the Tamarac Land Use Plan was amended showing the change from a 5--acre site to a 31-acre site. Ms. Carpenter said the third part of the stipulated agreement was the actual text changes. She said the language to be deleted was struck through and the language underlined was being added. Ms. Carpenter said the Florida Department of Community Affairs scheduled meeting was dismissed. She said the City would receive $1,000.00 in two separate payments from the State in order to pay for a portion of the time in advertising the Comprehensive Plan. She said the legal advertisements cost $796.00 and the reimbursement did not cover the total costs for the advertisements. Ms. Carpenter said the City would be amending the Comprehensive Plan at minimum in accordance line by line, word by word with Exhibit "B". She said this would be submitted to the City Council at their first meeting in August, 1990. Page 12 5/23/90-pw 1 1 F L Ms. Carpenter said the first part of the agreement on Page 7, Item #22, "60 days to amend the plan" should be 1190 days" and per the State's consent. She said this amendment should be part of the contract. Ms. Carpenter said the Planning Commission heard this item and no recommendation was given because the local governing body made the recommendations and transmit it to the State. Ms. Carpenter said if the City Council approved the agreement at this time, it would be transmitted to Tallahassee, the hearing is cancelled, the plan gets amended, the State sent a portion of the reimbursable cost and then the plan could be transmitted to the Broward County Planning Council for certification. Mayor Abramowitz thanked Ms. Carpenter for doing a great Job on the Comprehensive Plan. Mayor Abramowitz opened and closed the public hearing with no response. ORDINANCES 12. a. MOTION TO ACCEPT Affidavits of Publication and Posting for Temn_ Ord_ #1485_ Petition #4-Z-90 b. PIIBLIC SEARING - MOTION -TO_ ADOPTTemn Ord. #1,485 on second reading concerning request by FLORIDA POWER & LIGHT COMPANY/AL HERNANDEZ to rezone lands at the extreme southwest corner of Land Section 7, west of the Sawgrass Expressway and north of Commercial Boulevard, from R-4A (Planned Apartments), R-3 (Low Density Multiple Dwelling) and A-1 (Limited Agricultural) to SU (Special Utility). Petition #4-Z-90 SYNOPSIS OF ACTION: ORDINANCE 0-90-20 - PASSED Public Hearing was held. a. ACCEPTED Affidavits. b. APPROVED on second and final reading. * a. V/M Hoffman MOVED to ACCEPT Affidavits of Publication * and Posting for Imfl_ Ord_ #1485, SECONDED by * C/M Bender. Interim City Attorney Ruf read by title. * b. C/M Rohr MOVED to APPROVE Temp. Ord.#1485 on second * reading, SECONDED by C/M,Bender. Mayor Abramowitz said the records should reflect this Petition to be #4-Z-90 as opposed to #4-Z-89. * a. C/M Rohr MOVED to ACCEPT Affidavits of Publication * and Posting for Temp_ Ord_ #1485, Petition J4-Z-90 * SECONDED by C/M Schumann. Page 13 5/23/90-pw b. Kelly Carpenter, Director of Community Development, said this was an application by Florida Power & Light to rezone a portion of land west of the Sawgrass Expressway north of Commercial Boulevard which would be 1/2 mile along the west section line of Land Section 7 containing 31.75 acres more or less. She said the lands were zoned R-4A, R-3 and A-1 and the request was to rezone the entire parcel to SU (Special Utility). Ms. Carpenter said the Tamarac Land Use Plan designated this land as S-1 (Open Space/Recreation) and Utilities. The Broward County Land Use designation was Utility. She said the site was approved by the Governor and Cabinet for the conservation substation as part of the transmission line siting application for Florida Power & Light. Ms. Carpenter said the surrounding land uses were: North Open Space/Recreation South Open Space/Recreation (Sunrise) East Transportation West Conservation Area Ms. Carpenter said the Planning Commission voted to recommend to the City Council that this petition be denied at their February 21, 1990 meeting. She said staff was recommending that the application be approved in order to make the Land Use Plan in conformance with the Broward County Land Use Plan, South Florida Regional Plan and the State Comprehensive Plan. Mayor Abramowitz opened and closed the public hearing with no response. * C/M Rohr MOVED to APPROVE Temp- Ord. #14a5 on second * reading, SECONDED by C/M Bender. VOTE: ALL VOTED A-4E 13. PUE�LIC HEARI" - K()TTON TO AQQRT,,,, TpMp . Ord.414'72 on first reading concerning a request by SABAL PALMS, LTD., to rezone lands at the northeast corner of Commercial Boulevard and Rock Island Road from R-4A (Planned Apartments) to S-1 (Open Space/Recreational). Petition #41-Z-89 (tabled on 4/25/90) SYNQPSIS OF ACTION: Public Hearing was held. APPROVED on first reading as amended. Second reading and public hearing will be held on June 13, 1990 at 7:30 P.M. Interim City Attorney Ruf read 7!prV,,()rA- #�472 by title. Kelly Carpenter, Director of Community Development, said this was an application to amend from R-4A to B-1 (Neighborhood Business) utilizing the 5% flexibility rule for a commercial development in a residential land use designation not to exceed 10 acres. She said the golf course was sold and the new owner, American Golf Corporation, would like to amend its application from R-4A to B-1 to R-4A to S-1. Page 14 5/23/90-pw v I 1 Ms. Carpenter said the petitioner wanted to change their request to go to open space/recreation for the purposes of having the golf course to remain at that location. Ms. Carpenter said the applicant was present to answer any questions the City Council may have. She said the Sabal Palm Golf Course was currently situated on this site at the northeast corner of Commercial Boulevard and Rock Island Road. She said the surrounding uses were: North Medium Density Residential South Commercial East Medium High Density Residential West Low Density Residential Ms. Carpenter said the Planning Commission recommended at their December 6, 1989 unanimously to deny the application for business. She said the Code provided that the applicant may amend its application on the floor providing it was not to a more liberal category. Ms. Carpenter said staff recommended approval of this application. Mayor Abramowitz said the request to rezone the lands to business was changed and the applicant wanted to rezone the lands to open space/recreational. He asked if the golf course would remain the same. Ms. Carpenter replied, yes, and the applicant was proposing substantial improvements to the property, which would not be considered at this time. V/M Hoffman asked how this amendment could be handled before a Motion was made. Interim City Attorney Ruf said a Motion should be made to Approve the rezoning change from R-4A to S-1. * V/M Hoffman MOVED to APPROVE on first * reading and the rezoning from R-4A to S-1, SECONDED by * C/M Bender. C/M Bender said on May 22, 1990, the City received a letter and he would like this letter to be a matter of record. (SEE ATTACHMENT) Helen Massaro, Resident and former Councilwoman, said this affected the entire City because it was the entrance to the City and it was vital to Woodlands 6 and 7 that this occurred. She said she was very pleased for the action taken today and she thanked the City Council. Mayor Abramowitz thanked American said the City would cooperate in the City beautiful. Page 15 5/23/90-pw Golf Association and any way that would make 14. - #14g8 on second reading to amend Section 9-87(4) of the Code to provide for prohibiting noises by animals, birds or fowl. ORDINANCE 0-90-21 - PASSED Public Hearing was held. APPROVED on'second and final reading. Interim City Attorney Ruf read by title. * V/M Hoffman MOVED to APPROVE on * second reading, SECONDED by C/M Bender. Mayor Abramowitz asked Interim City Attorney Ruf to explain the Ordinance. Interim City Attorney Ruf said the City prosecuted several offenders of the Code section pertaining to noises from barking dogs and animals. He said at a recent case one of the judges found the current provision in the City to be unconstitutional. He said the provision before the City Council was defensible and would be the basis of additional prosecutions if needed. Mayor Abramowitz said V/M Hoffman wanted to have this matter pursued and he thanked the City Attorney for his work in drafting an enforceable Ordinance. Mayor Abramowitz opened and closed the public hearing with no response. With no further business, Ma this meeting at 10:25 A.M. , CAROL A. £VANS CITY CLERK r Abramowitz ADJOURNED NORMAN FANNU CITY OF TAMARAC AVED AT MEETING OF 7//t City Clerk "This public document was promulgated at a cost of $80.44 or $8.62 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." n., W%gn.,t *„ Y+Han*or 299.0105. ...Florida Statute'a. 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. Page 16 5/23/90—pw I!