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HomeMy WebLinkAbout1988-01-13 - City Commission Regular Meeting Minutesrq,y u ��Dp10P P.0 BOX 25010 TAMARAC, FLORIDA 33320 RECORD OF COUNCIL ACTIONS/DISC(7SSIONS CITY OF TAMARAC CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY JANUARY 13, 1988 CALL TO ORDER: 7:00 P.M. ANNOUNCEMENT OF TIME ALLOCATIONS - MOTIONS TO TABLE - The Chair at this time will announce those items which have been given a specific time to be heard, and will entertain motions from Council members to table those items which require research. Council may agendize by majority consent matters of an urgent nature which have come to Council's attention after publication. CONSENT AGENDA 1. Items listed under Consent Agenda, the recommendation Item 1, are viewed to will be enacted by one be routine and If discussion is motion in the form listed below. consent,Agendatandlwillsbewconsbidered Conse g separately. City Clerk a. MOTION TO APPROVE thinutes of the City Council regular meeting of the minutes FINAL ACTION: APPROVED. Buildin De art ment b. MOTION TO ADOPT Tem D. Reso00#0889releasing gymancash bond in the amount of $1,5 Posted by Menaker as a homeowners warranty against construction defects for a home located at 10620 NW 71 Place, ISLES OF TAMARAC (Permit 2623-83). FINAL ACTION• RESOLUTION NO. R-88-3 PASSED. APPROVED. Community-Develol2ment c. MOTION TO APPROVE a Cookie Sale by the Broward. County Girl Scout Council from January292toof the February 11, 1988, and waiver of Chapter Code governing "Solicitors and Canvassing". FINAL ACTION: APPROVED. Page 1 1/13/88 Utilities/Engineering I. d. MOTION TO APPROVE the 3rd Amendment to the Water and Sewer Developers Agreement for WOODMONT TRACTS 74/75. Revised Site Plan 1 (tabled on 12/23/87) . FINAL ACTION; APPROVED. e. MOTION TO ADOPT Te"I'm1p. Reso. #4890 accepting a drainage easement of by WOODLANDS GOLF ASSOCIATION, INC., for the Woodlands Drainage Improvement Project #87-23. FINAL ACTION: RESOLUTION NO. R-88-4 PASSED. APPROVED. f. 1. MOTION TO ADOPT Temp. Reso. #4891 releasing performance Letter of Credit in the amount of $17,425.50 posted for public improvements associated with the UNIVERSITY PARK OFFICE CENTER. 2. MOTION TO ADOPT Tem . Reso. #4892 accepting a Bill of Sale for the water distribution system improvements associated with the UNIVERSITY PARK OFFICE CENTER. FINAL ACTION; RESOLUTION NO. R-88-5 PASSED. 1 & 2 APPROVED. RESOLUTION NO. R-88-6 PASSED. g. 1. MOTION TO ADOPT Temp. Reso. #4893 concerning disposition of performance Letter of Credit #S-1607 in the amount of $30,356.25 posted for sidewalks, curbs and gutters at BOARDWALK APARTMENTS (CONCORD VILLAGE II) . 2. MOTION TO ADOPT Temp. Reso. #4894 releasing the following performance Letters of Credit posted for public improvements at BOARDWALK APARTMENTS (CONCORD VILLAGE II); #S-1604 - $50, 084.00 -- Paving and Drainage #S-1605 - 7,095.00 - Sewage Collection #S-1606 - 47,027.00 - Water Distribution FINAL ACTION: RESOLUTION NO. R-88-7 PASSED. RESOLUTION NO. R-88-8 PASSED. 1 - Removed & then APPROVED. 2 - APPROVED. h. MOTION TO ADOPT Temp. Reso. #4895 accepting a Covenant Running With The Land offered by HEALTH CARE & RETIREMENT CORPORATION OF AMERICA pertaining to a dumpster enclosure and an emergency generator pad which have been erected upon a utility easement at TAMARAC NURSING CENTER. FINAL ACTION: RESOLUTION NO. R-88-9 PASSED. APPROVED. Page 2 1/13/88 MOTION TO APPROVE final payment in the amount of 8, 652.50 to R. J. Sullivan Corp. for construction work on TUW Project 87- 5, Filters 1 and 2 Rehabilitation, and ACCEPTANCE of the final release of liens as presented by R. J. Sullivan Corp. P.O. 40843 and 40844. FINAL ACTION* - APPROVED. j. MOTION TO APPROVE Addendum #12A to the engineering agreement with Hazen and Sawyer in the amount of- $8,300.00 to cover additional work concerning review Of sites for future wells and to AUTHORIZE the transfer of $8,300.00 from TUW CIAC Water Fund Plan Term Ac cccount 432-389-120 to ount 432-371-533-4LBLtogfund this ework p(TUW Project 88- 39). FINAL ACTION: APPROVED. k. MOTION TO ADOPT Tem Reso. #4896 requiring non - owners (renters) to provide the owner's written approval on a form before water and/or sewer service can be obtained from the City; this form would have the legal effect of allowing liens to befplaced or on property due to the non-payment and/or sewer services. FINAL ACTION: TABLED. OPEN PUBLIC FORUM 2. OPEN PUBLIC FORUM - Co ricilbat thishtimeblic mustWhinwishes advance to address the City of the item, give his/her name and address to the City Clerk. FINAL ACTION: was Open public Foiumeech anddAaroneHeller.ere Melanie Reynolds, VickB REPORTS 3. City Council 4. City Manager 5. City Attorney CONSIDERATIONS community Development er 6. MOTION TO APPROVE asrgeventh annualthe TStreet Fairon of Commerce to hold it Sunday, April 10, 1988; and to permit closing off a portion of NW 57 Street inthe vicinity Of fing Permitorhe Post tonal Offices and to waiver any license fees. FINAL ACTION: APPROVED. Page 3 1/13/88 Engiineerinn /Utilities 7. MOTION TO APPROVE final payment in the amount of 161,294.81 to Ric -Man International, Inc., for construction work performed on TUW Project 84-6, Northwest Force Main and Pump Station, and ACCEPTANCE of the final release of liens as presented by Ric -Man International, Inc. P.O. 40837, 40838, 40839, 40855 and 40835 FINAL ACTION: APPROVED. RESOLUTIONS Community Development 8. MOTION TO ADOPT Temp. Reso. #4897 approving a Revised Site Plan for ALL SAINTS LUTHERAN CHURCH reflecting parking revisions. FINAL ACTION: RESOLUTION NO. R-88-10 PASSED. APPROVED. 9. MOTION TO ADOPT Temp. Reso. #4898 approving a Revised Site Plan for COLONY WEST GOLF COURSE CLUBHOUSE reflecting addition of a first floor bar and grill. FINAL ACTION: - TABLED. General Administrative 10. MOTION TO ADOPT Tem Reso. #4869 approving an exclusive towing agreement for the City with AMERICAN TOWING, INC. (tabled on 12/23/87) . FINAL ACTION: TABLED. 11. MOTION TO ADOPT Temp. Reso. #4901 authorizing the placement of a capital expenditure on the March 8,1988 ballot proposing the expenditure of funds to construct a multi --purpose center in an amount not to exceed $1,200,000.00. FINAL ACTION: RESOLUTION NO. R-88-11 PASSED. APPROVED. Public Works Department 12. MOTION TO ADOPT Tem . Reso. #4902 naming the existing parcel of land known as Tract 27 Soccer Complex to TAMARAC SPORTS COMPLEX which is located at 9901 NW 77 Street. FINAL ACTION: RESOLUTION NO. R-88-12 PASSED. APPROVED. Page 4 1/13/88 PUBLIC HEARING -- 7--.30P.M- Community Development 13. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #4900 concerning a request by VALENTI MANAGEMENT, INC., for Special Exception to permit a restaurant non the northwest side of Commercial Boulevard, approximately of University Drive, which is zoned B-1 (Neighborhood Business) . Petition #39-Z--87 FINAL ACTION• RESOLUTION NO. R-88-13 PASSED. APPROVED. ORDINANCES PUBLIC HEARINGS - 7:30 P.M. Community Development 14. a. MOTION TO ACCEPT Affidavits of Publication and Posting for Tem Ord. #1372 . Petition #32-Z-87 b. PUBLIC HEARING - MOTION TO ADOPT Tem . Ord. #1372 on by ASHURST second reading concerning a request DEVELOPMENT CO., ERNIE ASHURST, to rezone lands at the northeast corner of Nw 94 Avenue and NW 57 Street from (Planned Business). B-6 (Business District) to B-2 Petition #32-Z-87 FINAL ACTION: ORDINANCE NO. 0-88-1 PASSED. a. ACCEPTED Affidavits. b. APPROVED on Second and final reading. Public hearing was held. 15. a. MOTION TO ACCEPT Affidavits of Publication, Mailing Petition #36-Z-87 and Posting for Temp. Ord. #1374. b. PUBLIC HEARING - MOTION TO ADOPT Tem . Ord. #1374 on by the City of first reading concerning the rezoning the south side of Southgate Tamarac of lands on Boulevard, approximately 700-feet east of NW 88 Avenue, from B-3 (General Business) to RM-5 (Residential Multiple Dwelling) to conform to the approved City of Tamarac Land Use Plan. Petition #36-Z-87 FINAL ACTION: a. ACCEPTED Affidavits. b. APPROVED on First Reading. Public hearing was held. Second reading and public hearing will be held 27, during the City Council meeting on January 1988, at 10:00 A.M. Page 5 1/13/88 16. a. MOTION TO ACCEPT Affidavits of Publication, Mailing and Posting for Tem . Ord. #1375. Petition #38-Z-87 b. PUBLIC HEARING - MOTION TO ADOPT Tem Ord. #1375 on first reading concerning a request by STUART FEINER to rezone lands on the east side of NW 88 Avenue, south of Colony West Clubhouse, from RM-10 (Planned Apartments) to R-3U (Row House). Petition #38-Z-87 FINAL ACTION: a. ACCEPTED Affidavits. b. APPROVED on First Reading. Public hearing was held. Second reading and public hearing will be held during the City Council meeting on January 27, 1988, at 10:00 A.M. 17. PUBLIC HEARING - MOTION TO ADOPT Tem . Ord. #1373 on second reading to amend Chapter 14 of the Code to provide for a revised proration of the annual Occupational License Tax for new businesses which open in the second half of the fiscal year. FINAL ACTION: ORDINANCE NO. 0-88-2 PASSED. APPROVED on Second and final reading. Public hearing was held. 18. PUBLIC HEARING - MOTION TO ADOPT Temp. -Ord. #1316 on first reading to amend Section 28-171 of the Code pertaining to fees, applications, approvals and conditions for outdoor (sidewalk) sales. FINAL ACTION- APPROVED on First Reading. Public hearing was held. Second reading and public hearing will be held during the City Council meeting on January 27, 1988. 19. _PUBLIC HEARING - MOTION TO ADOPT Tem . Ord. #1367 on first reading to amend Article V of Section 28-34.(b) of the Code to allow non-profit governmental schools as a permitted use in the R-lB and R--1C One -Family Dwelling Districts. FINAL ACTION: APPROVED on First Reading. Public hearing was held. Second reading and public hearing will be held during the City Council meeting on January 27, 1988. AGENDIZED BY CONSENT 20. MOTION TO ADOPT Temp. Reso. #4903 rescinding Resolution #R-87-408 which approved and authorized the appropriate City Officials to execute the assignment of an Easement offered by the City of Tamarac to Browa rd County for the 201 Force Main Project 86-51 and authorizing the appropriate City Officials to execute a corrected assignment of an Easement for Project 86-5. FINAL ACTION: RESOLUTION NO. R-88-14 PASSED. APPROVED. Page 6 1/13/88 1 1 The City Council may consider and act upon such other business as may come before it. In the event this agenda must be revised, such revised copies will be available to the public at the City Council meeting. Pursuant to Chapter 286.0105, Florida Statutes, if a person decides to appeal any decision made by the City Council with respect to any matter considered at such meeting or hearing, he may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is based. Carol E. Barbuto City Clerk Follo�ing are the residential and commercial zoning districts in the City: A-1 - Limited Agricultural A-5 - Agricultural/Excavation B-1 - Neighborhood Business B-Z - Planned Community Business B-3 - General Business B-5 - Limited Business District B-6 - Business District I-1 - Institutional M-T - Light Industrial M-T - Medium Industrial R-1 - Single Family Residence R-lB & R-IC - One Family Dwelling R-Z - Two Family Dwelling R-3 - Low Density Multiple Dwelling R-3U - Row House R-4A - Planned Apartment R-5 - Motel/Hotel RD-7 - Two Family Dwelling RM-5 - Residential Multi -Family Dwelling RM-10 - Planned Apartment S-1 - Open Space/Recreational T-1 - Trailer Park District Page 7 1/13/88 CITY OF TAMARAC CITY COUNCIL MEETING WEDNESDAY, JANUARY 13, 1988 TAPE 1 CALL TO ORDER: Mayor Hart Called this Regular City Council Meeting to Order on Wednesday, January 13, 1988, at 7:00 P.M. in the Council Chambers. MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Hart Called for the Pledge of Allegiance followed by a Moment of Silent Meditation. UAF�FTTT Mayor Bernard Hart Vice Mayor Sydney Stein Councilman Jack Stelzer Councilman Henry Rohr Councilman Bruce Hoffman ALSO PRESENT: John P. Kelly, City Manager Richard Doody, City Attorney Carol E. Barbuto, City Clerk Pauline Walaszek, Special Services Secretary CONSENT AGENDA 1. g. 1. MOTION TO ADOPT Temp. Reso. #4893 concerning dis osition off -performance Letter of Credit #5-1607 in the amount of $30,356.25 posted for sidewalks, curbs and gutters at BOARDWALK APARTMENTS (CONCORD VILLAGE II). 1. k. MOTION TO ADOPT Temp. Reso. #4896 requiring non - owners (renters) to pro �v de the owner's written approval on a form before water and/or sewer service can be obtained from the City; this form would have the legal effect of allowing liens to be placed on property due to the non- payment of fees for water and/or sewer services. SYNOPSIS OF ACTION: REMOVED for separate discussion. (See Pages 4, 5 and 6 for Final Action) * C/M Stelzer REMOVED Items 1. g. 1. and 1. k. for separate * discussion. General Administrative 10. MOTION TO ADOPT Temp. Reso. #4869 approving an exclusive t ng agreement for the City with AMERICAN TOWING, INC., (tabled on 12/23/87). SYNOPSIS OF ACTION: TABLED because Contract not acceptable. C/M Hoffman said the City Manager was not pleased with the wording of the Contract on Item 10. I'll C/M Hoffman MOVED to TABLE this Item, SECONDED by V/M Stein. VOTE: Page 1 Mayor Hart - Nay V/M Stein - Aye C/M Hoffman - Aye C/M Rohr - Aye C/M Stelzer - Nay 1/IJ/ tsts AGENDIZED BY CONSENT 20. MOTION TO ADOPT Tem2_ Reso. #4903 rescinding Resolution R-87�-408 which Approved and Authorized City officials to execute the assignment of an Easement offered by the City of Tamarac to Broward County for the 201 Force Main Project 86-5; and Authorizing the appropriate City officials to execute a corrected assignment of an Easement for Project 86-5. SYNOPSIS OF ACTION: AGENDIZED by Consent. (See Page lf1for Final Action) * V/M Stein MOVED to AGENDIZE this Item, SECONDED by C/M Hoffman. VOTE: ALL VOTED AYE CONSENT AGENDA City Clerk 1. a. MOTION TO APPROVE the minutes of the City Council regular meeting —of 12/23/87. SYNOPSIS OF ACTION: APPROVED. Building Department b. MOTION TO ADOPT _Temp. Reso. #4889 releasing a cash bond in the amount of $1,500.00 posted by Hyman Menaker as a homeowners warranty against construction defects for a home located at 10620 NW 71 Place, ISLES OF TAMARAC (Permit 2623-83) . SYNOPSIS OF ACTION: RESOLUTION NO. R-88-3 - PASSED APPROVED. Community Development c. MOTION TO APPROVE a Cookie Sale by the Broward County Girl Scout Council from January 29 to February 11, 1988, and waiver of Chapter 22 of the Code governing "Solicitors and Canvassing". SYNOPSIS OF ACTION: APPROVED. Utilities/Engineering d. MOTION TO APPROVE the 3rd Amendment to the Water and Sewer Developers Agreement for WOODMONT TRACTS 74/751 Revised Site Plan 1 (tabled on 12/23/87). SYNOPSIS OF ACTION: APPROVED. e. MOTION TO ADOPT Temp- Reso. #4890 accepting a drainage easement offered by WOODLANDS GOLF ASSOCIATION, INC., for the Woodlands Drainage Improvement Project #87-23. SYNOPSIS OF ACTION: RESOLUTION NO. R-88-4 - PASSED APPROVED. Page 2 1/13/88 f. 1. MOTION TO ADOPT Temp. Reso. #4891 releasing performance Letter of Credit n the amount of $17,425.50 posted for public improvements associated with the UNIVERSITY PARK OFFICE CENTER. 2. MOTION TO ADOPT Tem2 Reso. #4892 accepting a Bill of Salvor the water distribution system improve- ments associated with the UNIVERSITY PARK OFFICE CENTER. SYNOPSIS OF ACTION: RESOLUTION NO. R-88-5 -- PASSED APPROVED 1 and 2. RESOLUTION NO. R-88-6 - PASSED g. 1. MOTION TO ADOPT Temp.Reso. #4893 concerning dis ositlon o peerfmance Letter of Credit #5-1607 in the amount of $30,356.25 posted for sidewalks, curbs and gutters at BOARDWALK APARTMENTS (CONCORD VILLAGE II). 2. MOTION TO ADOPT Temp. Reso. #4894 releasing the following performance Letters of Credit posted for public improvements at BOARDWALK APARTMENTS (CONCORD VILLAGE II): #5-1604 - $50,084.00 - Paving and Drainage #5-1605 - 7,095.00 - Sewage Collection #5-1606 - 47,027.00 - Water Distribution SYNOPSIS OF ACTION: RESOLUTION NO. R-88-8 - PASSED 1. REMOVE —for separate discussion on Page 1 (See Page 4 for Final Action) 2. APPROVED. h. MOTION TO ADOPT Temp. Reso. #4895 accepting a Covenant Ru n �g With The Land offered by HEALTH CARE & RETIREMENT CORPORATION OF AMERICA pertaining to a dumpster enclosure and an emergency generator pad which have been erected upon a utility easement at TAMARAC NURSING CENTER. SYNOPSIS OF ACTION: RESOLUTION NO. R-88-9 - PASSED APPROVED. i. MOTION TO APPROVE final payment in the amount of $8,652.50 to R. J. Sullivan Corp. for construction work on TUW Project 87-5, Filters 1 and 2 Rehabilitation, and ACCEPTANCE of the final release of liens as presented by R. J. Sullivan Corp. P.O. 40843 and 40844. SYNOPSIS OF ACTION: APPROVED. j. MOTION TO APPROVE Addendum #12A to the engineering agreement with Hazen and Sawyer in the amount of $8,300.00 to cover additional work concerning review of sites for future wells and to AUTHORIZE the transfer of $8,300.00 from TUW CIAC Water Fund Account 432-389-120 to Long Term Water Supply Plan Account 432-371-533-4LB to fund this work (TUW Project 88-39) . SYNOPSIS OF ACTION: APPROVED. k. MOTION TO ADOPT TemE. Reso. #4896 requiring non - owners (renters) to pro__the owner's written approval on a form before water and/or sewer service can be obtained from the City; this form would have the legal effect of allowing liens to be placed on property due to the non- payment of fees for water and/or sewer services. Page 3 J 1/13/88 SYNOPSIS OF ACTION: REMOVED o�parate discussion on Page 1 (See Pages 4, 5 and 6 for Final Action) * C/M Rohr MOVED to APPROVE the Consent Agenda Items 1. a. * through k., with the exceptions of Items g. 1. and k., which * were Removed for Separate Discussion, SECONDED by C/M Hoffman. VOTE: ALL VOTED AYE CONSENT AGENDA g. 1. MOTION TO ADOPT Te� mp. Reso. #4893 concerning disp ssition of performance Letter of Credit #5-1607 in the amount of $30,356.25 posted for sidewalks, curbs and gutters at BOARDWALK APARTMENTS (CONCORD VILLAGE II). SYNOPSIS OF ACTION: RESOLUTION NO. R-88-7 - PASSED REMOVED on Page 1 for separate discussion and APPROVED. C/M Stelzer said this Item was asking Council to call a Letter of Credit because the sidewalks were not finished. He said a letter was submitted from Engineering stating the sidewalks were finished. He said Temp. Reso. #4893 should be Denied and a new Resolution drafted. City Attorney Doody said the Resolution was for releasing a performance bond posted for Public Improvements by Dinerstein Builders for Boardwalk Apartments. C/M Stelzer said he had a Resolution that said to call the bond and City Manager Kelly said the Resolution was Revised. City Attorney Doody said when the Agenda Item was first drafted, the word "disposition" was used intentionally because of the uncertainty of the Letter of Credit being drawn or released. He said the only Resolution he was aware of was a Resolution stating the Letter of Credit be released. Mayor Hart asked if the Revised Agenda packet was the proper packet and City Manager Kelly replied, yes. City Attorney Doody read the entire Resolution for the record. * C/M Stelzer MOVED to APPROVE this Item, SECONDED by C/M Hoffman. VOTE: ALL VOTED AYE k. MOTION TO ADOPT Temp Reso.. #4896 requiring non - owners (renters) to provide the owner's written approval on a form before water and/or sewer service can be obtained from the City; this form would have the legal effect of allowing liens to be placed on property due to the non- payment of fees for water and/or sewer services. SYNOPSIS OF ACTION: REMOVED for separate discussion on Page 1. TABLED. City Attorney Doody read Temp Reso. #4896 by title. Page 4 1/13/88 City Attorney Doody said he should have had this Item placed under Considerations instead of the Consent Agenda because there are problems in the City where renters run up water bills and either leave the City or move to another place without paying the bills. He said under the Florida Law, liens were not allowed to be placed on an owner's property if the water bills were run up by a tenant. He said in an effort to try to solve these problems, the Utility Department, in conjunction with his office, drafted a form requiring the Landlord to designate the tenant as his agent and agree to allow placement of a lien on his property or to pay the bill if the tenant does not fulfill responsibility for the payment. C/M Stelzer said when a builder develops a piece of property, a contribution to the CIAC is made by the builder to guarantee he will receive water and sewer service. He said now, the owner is supposed to guarantee the water bill be paid regardless of whether the renter ran the bill up. He had concerns with this procedure being legal and asked if water could be withheld. City Attorney Doody said he would not have put the Resolution on the Agenda if it was not legal. He said the law would be a policy decision made by the City Council. He said the policy would have an impact on Landlords. He said the main concern is to solve the problems with renters not paying their bills. He said Council would have to weigh which action they felt would be most important, either the responsibility being placed on the owner or the loss of money from renters who do not pay. He said he believes this policy to be legal. C/M Stelzer said the restrictions were being placed on the owners after they received their Certificate of Occupancy and after they paid their CIAC's. He asked what would happen if an owner refuses to guarantee the payments. City Attorney Doody said he believed the City could withhold water from the owner's property. C/M Stelzer said as long as City Attorney Doody could defend the matter, he was satisfied. C/M Rohr said if an owner rented property, knowing in advance that he would be responsible for the water bills, he would get some form of security from the renters. He said the problem of security was not Council's concern and the Resolution should be passed. He asked what would happen with the multi -dwelling buildings. Bill Greenwood, Director of Utilities/Engineering, said the way the Ordinance was presently drafted, the multi -dwelling buildings would not be affected. He said the policy would be for new applicants only. C/M Rohr asked if the policy would be for a rental apartment building and Mr. Greenwood said the policy would apply for all apartments. C/M Rohr asked how a bill would be calculated for the owner to pay if there were not individual meters. Mr. Greenwood said there were different ways of charging and most of the apartment buildings charged the same way condominiums charged. He said there were master meters and the owners were responsible. Page 5 1/13/88 V/M Stein MOVED to TABLE this Item, SECONDED by C/M Hoffman. VOTE: Mayor Hart -- Aye V/M Stein - Aye C/M Stelzer - Nay C/M Hoffman - Aye C/M Rohr -- Aye OPEN PUBLIC FORUM 2. OPEN PUBLIC FORUM - Melanie Reynolds, Resident of Sands Point, asked if the $1,200,000.00 for the new Recreation Building included furnishing and if the $82,000.00 taken away from the Recreation Fund this year would be placed back. City Manager Kelly said the money would be for a completed facility. Melanie Reynolds said the Recreation facility would be for after school supervision for youngsters, a meeting place for teens, to provide a place for the young people and for Seniors to mingle. She said there were discussions in the past for the Police to have a workout area and a place to meet and become friendly with youngsters that were getting into trouble. Mayor Hart said the new Police Department would include a workout area for the Police. He said the new Recreation Building would be for all the residents of the City. He said there were several children who would be home alone because their parents worked and the center would provide a safe environment for them. He said teenagers would have a lot of activities to attend in the evening which could eliminate a lot of the trouble the teenagers are getting into. He said there would be several activities for the adults as well. Melanie Reynolds said the recycling for the trash was a bad idea because it was attempted several years ago and failed. Mayor Hart said the trash recycling matter was not approved by Council. He said the Council was considering this matter and, until there was a Workshop meeting and a Resolution made, this matter was not up for discussion. He said the newspaper printed a story that the City Council knew nothing about. Vickie Beech, Resident of Section 20, thanked City Manager Kelly for acknowledging her suggestion for trash recycling. She said several States proved this process successful. Aaron Heller, Resident of Greenhaven 12, suggested a time certain by the City Council to hear the residents and their concerns with the time certain in the City Charter. He said the City of Tamarac should have open -pit burning. He suggested the Agenda list the Department Heads and Sponsors requesting the Items. He thanked the people responsible for updating the street lighting in the City. Mayor Hart said the Engineering and Public Works Departments were working on the problems in the City with the street lighting. Page 6 1/13/88 1 1 'r—]l L Aaron Heller said the ambulance services should be checked by the City. He said the ambulances should be allowed to go to the nearest hospital regardless of whether private or not. Mayor Hart said the ambulance service contracted by the City was very good for the citizens. He said if there were complaints regarding the ambulance service, the complaints should be directed to the City Manager because there was a Committee formed to investigate the complaints. REPORTS 3. City Council Reports C/M Hoffman -- No Report. C/M Rohr reported on the Broward County League of Cities Legislative Committee. He said the Committee was created to meet and discuss the type of laws and changes they would like in the State Legislation. He said the final meeting was December 28, 1987, and the following matters where proposed to the State: changes in the Sunshine Law, tax and finance, adult congregate living facilities, municipal liabilities, interim service fees, annexation, public safety offices, abandoned property and, enforcement powers to curb unlicensed contractors. He said there were several Items of concern which were: (1) The need to see that proper action is taken that would insure that the Cities received their rightful share of any sales tax that may be imposed by the Florida State Legislature and/or Federal Government on Mail Order and other Sales. (2) The need to correct the inequities in rates and benefits of the various insurance claims being sold or distributed in this State, including automobiles, health and malpractice. (3) The need to resolve the numerous problems that are in this State and which relate to the disposal of solid waste, including such things that were included in previously submitted bills. (4) The need to develop a system that would be designed to insure that completed buildings get on the tax rolls as quickly as possible upon completion and the issuance of Certificates of Occupancy. (5) The need to determine the possibility of implementing such projects as using worn out tires as a supplement to asphalt and the building of roads and highways so costs could be reduced and these tires used instead of being buried, burned or simply discarded along the landscape. He said if anyone would like to see the documents, they should let him know after the meeting. V/M Stein reported two projects were completed. He said one project was the bicycle compound on the east side of University Drive across from the Tamarac Elementary School and the other project was a program designed at the Tamarac Elementary School allowing 120 children to attend the after school program. He said there was a problem with getting personnel to take care of the children because of the hours involved. C/M Stelzer said he would like to Hoffman and C/M Rohr regarding the for the Aiadobon Society. He said $600.00 and he would like to know Page 7 hear a report from C/M seminar they attended the seminar cost about the seminar. 1/13/88 TAPE 2 C/M Hoffman said they were prepared to spend two days; however, after the first day, the subject matter related to the activities of Volushia County. He said Volushia County was ahead of Broward County in the creation and purchasing of park lands. He said it was very difficult at this time to get money for parks; however, there was money available in the Water Management area and they intend to discuss the matter with the City Manager. He said if there was a way to create the empty land into water, money could be obtained on a 50/50 basis to create park lands. He said he was not aware of the expenses being $600.00. He said his total expense consisted of lodging for one night and 3 meals. He said he and C/M Rohr traveled together in C/M Rohr's automobile. He said he put in no charge for mileage. C/M Rohr said each Councilmember had a certain amount of expenses allowed each year and he did not go over the budgeted amount and did not intend to go over it. He said he should not be questioned about something that was educating him. He said he went to a recycling program and was instrumental in pushing the City to have a Workshop regarding the program. He said the seminars were to educate people to do a better job. He said it was the Councilmembers obligation to find out what was going on within the State, etc., so they could do a better job. C/M Stelzer said he just wanted a report on the seminar; however, at the Budget Workshops, C/M Rohr wanted to cut departments from getting their seminars and he questioned their seminar because of this. He said if the seminar was legislative, then the Councilmembers should attend. Mayor Hart reported he received a letter from the Florida Department of Agriculture regarding the City submitting an application for Recertification as "Tree City USA for 1987". He said an Award was approved for the City of Tamarac and the letter was signed by the Director of the Division of Forestry. He said he would like to discuss why he voted against a Motion to Table. He said he was sorry the City Manager suggested this Item be Tabled. C/M Hoffman called for a Point of Order. He said he understood an item Tabled could not be discussed. He then called for a vote regarding Mayor Hart being in order to speak on this matter. City Attorney Doody said the City's Agenda allowed the Council to speak about Items; however, a member of the Council asked for a Point of Order regarding another member being out of order. He said the decision would be up to the members by vote. He said if the vote is affirmative, then the member who wished to speak could not talk. C/M Hoffman Called for a vote regarding Mayor Hart speaking on a Tabled item and Mayor Hart said he was talking on an item and not the Motion to Table. City Attorney Doody said if the matter wanting to be discussed is not associated with the item Tabled, then it could be discussed; however, if a vote is called by a member against another member being Out of Order, the member should state why he believes the other member is Out of Order and the body shall vote whether they are in agreement or not. Page 8 1 J 1/13/88 Mayor Hart said he did not make a comment yet; therefore, there was nothing out of Order. C/M Hoffman said he objected because the item was Tabled and City Attorney Doody said in most circumstances, a Motion to Table, cuts off all debate on any issue. He said, however, Roberts Rules of Order did not contain the matter allowing each Councilmember the opportunity to speak freely and, if any member of the Council felt that another member's comments were inappropriate, an Appeal may be made to the body. C/M Hoffman said the discussion would be inappropriate because it would be a political harangue. He said Mayor Hart was using his position in a political manner. V/M Stein said he would Second the Motion to Appeal from the ruling of the Chair, that the Chair was Out of Order. He said an item that was Tabled should not be discussed. He said the Item at this time was, Council Reports, and the Mayor would not be reporting on any item of accomplishment, etc. He said the discussion pertained to an item on the Agenda and was not to be considered a Council Report. He asked City Attorney Doody if his objections were valid. City Attorney Doody said he was not sure the discussion went far enough to know what was being discussed and V/M Stein said Mayor Hart stated he wanted to discuss an item that was Tabled, which was not a Council Report. Mayor Hart said he wanted to discuss the reason why he voted against the item. He asked City Attorney Doody if he had the right to do this. City Attorney Doody said Mayor Hart did not have the right to discuss the item tabled. Mayor Hart said he would like Council to vote on this matter for the record. C/M Rohr said Council should not have to vote on an item that the City Attorney affirmed to be incorrect. Mayor Hart said he wanted to state for the record that the matter on which he wanted to speak was never mentioned. 4. Citz Manager Report - No Report. 5. City Attorney Report -- No Report, ORDINANCES PUBLIC HEARINGS - 7:30 P.M. Community Development 14. a. MOTION TO ACCEPT Affidavits of Publication and Posting Tor Temp. Ord. #1372. Petition #32-Z-87. b. PUBLIC HEARING -- MOTION TO ADOPT Temp. Ord. #1372 on second reading concerning— a request by ASHURST DEVELOPMENT CO., ERNIE ASHURST, to rezone lands at the northeast corner of NW 94 Avenue and NW 57 Street from B-6 (Business District) to B-2 (Planned Business). Petition #32-Z-87. Page 9 1/13/88 SYNOPSIS OF ACTION: ORDINANCE NO. 0-88-1 - PASSED Public Hearing Held. APPROVED a and b on second reading. * a. V/M Stein MOVED to ACCEPT the Affidavits, SECONDED by C/M * Hoffman. VOTE: ALL VOTED AYE b. City Attorney Doody read Temp. Ord. #1372 by title. * V/M Stein MOVED to APPROVE this item on second reading, SECONDED * by C/M Rohr. Thelma Brown -Porter, City Planner, said this item was heard on 12/23/87 and the location was the northeast corner of N.W. 57th Street and N.W. 94th Avenue. She said the number of acres involved were 1.14 acres and the request was from B-6 to a B-2 zoning. She said Staff was recommending Approval. Mayor Hart Opened the Public Hearing. Vickie Beech asked what the developer would be putting in the area. Mark Thompson, Representative of the Developer, said the developer wanted to sell the property and there were problems selling the property with a B-6 category. Mayor Hart asked Thelma Brown -Porter to explain the difference between the B-6 and the B-2 zoning and Mrs. Brown -Porter said currently the B-6 allowed for an integrated mix of residential, professional and retail. She said the residential use should not be permitted; therefore, the request was to go to B-2, which did not allow the mix. She said there were no units or density available for the businesses; therefore, this was part of an overall Master Plan to eliminate the problem. Mayor Hart Closed the Public Hearing with no further response. VOTE: RESOLUTION ALL VOTED AYE 13. PUBLIC HEARING -- MOTION TO ADOPT Temp. Reso. #4900 concerning a request by VALENTI MANAGEMENT, INC., for Special Exception to permit a restaurant on the north side of Commercial Boulevard, approximately 253-feet west of University Drive, which is zoned B-1 (Neighborhood Business). Petition #39-Z-87. SYNOPSIS OF ACTION: Public Hea nxr g Held. APPROVED. RESOLUTION NO. R-88-13 - PASSED City Attorney Doody read Temp. Reso. #4900 by title. Thelma Brown -Porter said currently the Code required anyone requesting a restaurant to be located in an appropriate business zone, therefore, this developer must have a Special Exception Approved by the City Council. She said Staff recommended Approval. Mavor Hart asked what type of restaurant this would be Page 10 1 * C/M Hoffman MOVED to APPROVE this Item, SECONDED by V/M Stein. VOTE: ORDINANCES ALL VOTED AYE 15. a. MOTION TO ACCEPT Affidavits of Publication, Mailing and Posting for Temp Ord. #1374. Petition #36--Z-87. b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1374 on Z�rst-readi g-concerning the rezoning by the City of Tamarac of lands on the south side of Southgate Boulevard, approximately 700-feet east of NW 88 Avenue, from B-3 (General Business) to RM-5 (Residential Multiple Dwelling) to conform to the approved City of Tamarac Land Use Plan. Petition #36-Z-87. SYNOPSIS OF ACTION: Public Hearing Held. APPROVED a and b on first reading. * a. C/M Hoffman MOVED to ACCEPT the Affidavits, SECONDED by * V/M Stein. VOTE: ALL VOTED AYE b. City Attorney Doody read Temp. Ord. #1374 by title. Thelma Brown --Porter, City Planner, said this was the area known as the ACLF of the Woodmont Gardens. She said some years ago, this property was Land Use Planned to be residential and the problem was the property was not rezoned concurrently with the Land Use Plan Amendment. She said Staff recommended Approval. Mayor Hart Opened and Closed the Public Hearing with no response. C/M Rohr MOVED to APPROVE Temp Ord. #1374 on first reading, SECONDED by C/M Hoffman. VOTE: ALL VOTED AYE 16. a. MOTION TO ACCEPT Affidavits of Publication, Mailing and Post ngfor Temp. Ord. #1375. Petition #38-Z--87. b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1375 on first read g�concern ng a request by STUART FEINER to rezone lands on the east side of NW 88 Avenue, south of Colony West Clubhouse, from RM-10 (Planned Apartments)to R-3U (Row House). Woodland Lakes Parcel L. Petition #38-Z-87. SYNOPSIS OF ACTION: Public Hea nxr g Held. APPROVED a and b on first reading. * a. V/M Stein MOVED to ACCEPT the Affidavits, SECONDED by C/M * Hoffman. VOTE: 1 Page 11 ALL VOTED AYE 1/13/ 88 b. City Attorney Doody read Temp. Ord. #1375 by title. Thelma Brown -Porter, City Planner, said the area was before the Council previously for a Petition to rezone to a district similar to a Row House and problems were worked out to meet the Row House intent. She said the density was reduced and Staff recommended Approval. Mark Thompson, Representative for the Developer, said originally, the Site Plan accommodated three --story apartment houses and the project was brought to Council in 1980 and 1981. He said the project was Approved and easements were dedicated. He said the easements were vacated by Approval from Council because the Site Plan was no longer being used. He said Mr. Feiner was interested in purchasing the property and designed an initial Site Plan to conform with the RM-10 zoning. He said the project Mr. Feiner was proposing was a Row House type, 4 to 5 unit villa style housing and not the three-story units. He said the current standards for the City of Tamarac and the Engineering requirements, require an on site 50-foot right-of-way in addition to setbacks. He said because of the nature and the geographics of the site, the site was approximately 900-feet long and 250-feet deep. He said it was impossible to accommodate the current standards. He said it was agreed that the Site Plan be changed to reflect a reduction in density and accommodating the Engineering requirements. He said the original Site Plan reflected 48 units and the proposed Site Plan reflected 43 units and, with the revisions, the Site Plan now reflects 41 units, which puts the project below the vested density. Mr. Thompson said the original density was 9.81, the proposed Site Plan was 8.79 and the current Site Plan reflects a density of 8.38 dwelling units per acre. He said the original building height was three-story and the current Site Plans reflected the building to be a one-story villa type complex. He said the recreation area was increased from 8,400-square feet to a 14,450-square feet. He said the Public Road Standards were reflected on the current Site Plan. He said these villa style apartments were more popular. He said all requirements needed would be met and Staff recommended this development and hoped Council would also. Mayor Hart Opened the Public Hearing. Vickie Beech asked if this development would be an adult community and Mr. Thompson said the development would be a Condominium Sale which would allow provisions for children. He said the community would not be rental. Herb Hayes, Resident, asked if the villas would be 2 or 3 bedroom and Mr. Thompson said the units would be 2 bedroom, 2 bath with garage. Mayor Hart Closed the Public Hearing with no further response. V/M Stein MOVED to APPROVE Temp. Ord. #1375 on first reading, SECONDED by C/M Hoffman. C/M Hoffman asked what the cost for the villas would be and Mr. Thompson said the costs were not discussed as of yet. Page 12 1 1-1 1 1/13/88 C/M Rohr asked what the square footage would be and Mr. Thompson replied, 1,300 square feet. VOTE: ALL VOTED AYE 17. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1373 on second rem g to amend Chapter 14 of the Code to provide for a revised proration of the annual Occupational License Tax for new businesses which open in the second half of the fiscal year. SYNOPSIS OF ACTION: Public Hearing Held. APPROVED on second reading. ORDINANCE NO. 0-88-2 - PASSED City Attorney Doody read Temp. Ord. #1373 by title. Mayor Hart Opened and Closed the Public Hearing with no response. * C/M Hoffman MOVED to APPROVE, SECONDED by C/M Rohr. VOTE: ALL VOTED AYE 18. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1316 on first -read ni g to amen -Section 28-171 oT__tNe CocTe pertaining to fees, applications, approvals and conditions for outdoor (sidewalk) sales. SYNOPSIS OF ACTION: Public Hearing Held. APPROVED on first reading. Thelma Brown -Porter, City Planner, said the Sidewalk Sales Permit currently in the Code did not provide adequate information to allow a number of sidewalk sales per year. She said she would like to limit the number of sidewalks sales per year and the time of day during which the sales can be conducted. Mayor Hart Opened and Closed the Public Hearing with no response. * V/M Stein MOVED to APPROVE Temp. Ord. #1316 on first reading, * SECONDED by C/M Hoffman. C/M Stelzer asked if the insurance requirements changed for outside sales and Mrs. Brown -Porter said the insurance policies covered the front of the buildings entrance, which included the sidewalks, to and throughout the stores. VOTE: ALL VOTED AYE City Attorney Doody said the next Public Hearing on this Item should be announced at this time. He asked Carol E. Barbuto, City Clerk when it would be and Mrs. Barbuto said the Hearing would have to be after 5:00 P.M. and approximately 2 weeks from City Attorney Doody said tonight. he would look into the Statuary requirements and report back to Council with his findings. 19. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1367 on first read mead g to amend Article V of Section 28-34(b) of the Code to allow non-profit governmental schools as a permitted use in the R-lB and R-1C One -Family Dwelling Districts. Page 13 1/13/88 SYNOPSIS OF ACTION: Public Hear n� g Held. APPROVED on first reading. City Attorney Doody read Temp. Ord. #1367 by title. Thelma Brown -Porter, City Planner, said the item was before Council, because there was a gray area within the existing Code allowing municipal buildings; however, governmental schools were not indicated. She said staff could make an interpretation that this could be part of the existing Ordinance; however, because of the area being gray, she recommended the Code be clarified by the City Council. She recommended this change be Approved. Mayor Hart Opened the Public Hearing. Vickie Beech, Resident, asked how this matter affects the zoning as it is now and if this would open the doors to allowing any schools. Mrs. Brown -Porter said the Ordinance eliminates a lot of schools from coming into the City. She said the schools must be a non-profit governmental type school. She said the National Safety Council was coming into the City of Tamarac and, in order to make sure they strictly comply with the Code, this matter needed to be corrected. Mayor Hart Opened and Closed the Public Hearing with no response. * C/M Rohr MOVED to APPROVE TemR. Ord, ILI.367 on first reading, * SECONDED by C/M Hoffman. VOTE: ALL VOTED AYE City Attorney Doody said he would report back to the Council for this item as he would for Item 18; however, the date and time should be announced at this time and, if the matter did not rquire a public hearing 2 we:eks from today after 5:00 P.M., Council would be informed of such. Mayor Hart announced the meeting to be on Wednesday, January 27, 1988 at 5:05 P.M. CONSIDERATIONS Community Development 6. MOTION TO APPROVE a request by the Tamarac Chamber of Commerce toSoldd its seventh annual Street Fair on Sunday, April 10, 1988; and to permit closing off a portion of NW 57 Street in the vicinity of the Post Office; and to waiver any building permit or occupational license fees. SYNOPSIS OF ACTION: APPROVED. *, C/M Hoffman MOVED to APPROVE this Item, SECONDED by V/M Stein. George Hershenson, Executive Director of the Tamarac Chamber of Commerce, said this would be the seventh time the Chamber of Commerce appeared before the Council and each time, the Chamber of Commerce complied with every requirement. He said the banner would be hung on i Page 14 1 1/13/88 University Drive and asked that an additional banner be hung. He said the mobile stage would be needed for entertainment from 11:00 A.M. to 4:00 P.M. and asked the City to provide security for the Fair. VOTE: Engineering_/Utilities ALL VOTED AYE 7. MOTION TO APPROVE final payment in the amount of $161,294.81 to Ric -Man International, Inc., for construction work performed on TUW Project 84-6, Northwest Force Main and Pump Station, and ACCEPTANCE of the final release of liens as presented by Ric -Man International, Inc., P.O. 40837, 40838, 40839, 40855 and 40835. SYNOPSIS OF ACTION: APPROVED. * C/M Hoffman MOVED to APPROVE this Item, SECONDED by C/M Rohr. Bill Greenwood, Director of Utilities/Engineering, said this project was installed past the Kings Point area. He said the Project was completed and this matter was for closing out the Project. He said the Project came in under the amount expected. He said the amount for the Project was $72,443.53, which represented a 3.4% decrease in the actual contract price. VOTE: ALL VOTED AYE RESOLUTIONS Community Development 8. MOTION TO ADOPT Temp. Reso. #4897 approving a Revised Site Plan for ALL SAINTS LUTHERAN CHURCH reflecting parking revisions. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R--88-10 - PASSED City Attorney Doody read Temp. Reso. #4897 by title. Thelma Brown -Porter, City Planner, said during the development of the church there was a property dimension mistake made on the original Site Plan. She said the revised parking layout was being recommended by City staff and the problems were being dealt with by relocating the parking. She said the church had no other alternative with the layout. * C/M Hoffman MOVED to APPROVE this item, SECONDED by C/M Rohr. VOTE: 9. MOTION TO ADOPT Temp. Reso. #4898 approving a Revised Site Plan Tor COLONY WEST GOLF COURSE CLUBHOUSE reflecting addition of a first floor bar and grill. SYNOPSIS OF ACTION: TABLED for further study. * C/M Stelzer MOVED to APPROVE this item, SECONDED by C/M Rohr. C/M Stelzer said the Planning Commission denied this request. He said there were several Golf Clubs in the City and all were on S-1 zoning with the exception of Page 15 1/13/88 TAPE 3 Sabal Palm. He said when the restaurant becomes a public restaurant, the zoning changes to B-1. He said Colony West was always S-1 and when the Clubhouse was built, it became a public restaurant. He said before any changes could be made at the Colony West Restaurant, they must comply with 28-107 of the City Code and, in order to reconstruct the property, they must conform with the current Code. He said this problem has always been in the City and Section 29 said if there were conflicting constrictions in zoning, the Council had the right to change the things so there would not be improper zoning. Thelma Brown -Porter, City Planner, said Colony West Country Club appeared before the Staff Review Committee and discussion was held regarding whether the use was permitted and that the facility had been operating in this type of use for the last 14 years. She said in the Code, at the Section allowing non -conforming uses to remain, if the existing facility was not enlarged to exceed 25% of the cost, then the existing non -conforming use remained without problems. She said staff reviewed the matter and informed the Planning Commission; however, the Planning Commission denied the revisions. She said Staff recommended this revision was in compliance with the Code and was an existing non -conforming use. C/M Hoffman asked if the hamburger stand would be enlarged and Mrs. Brown -Porter said the addition would be new. She read a letter which stated as follows: "With reference to the Planning and Zoning meeting held on December 16, 1988, we would like to expand on a few pertinent points on our proposed Bar & Grill. The new addition will replace our present restaurant and lounge located on the second floor. This new Bar & Grill will give a pleasant outdoor feeling and will be more receptive to our members and golfers who enjoy the atmosphere of food and drink in the Sandtrap Bar & Grill, which is now on the ground floor level. But, it will be expanded." C/M Hoffman asked if the second floor restaurant would be eliminated and Mrs. Brown -Porter continued to read the letter, which read, "Our present restaurant and lounge will be closed for normal daily operation." Mrs. Brown -Porter said there would not be a restriction as to nongolfers not being able to use the facility. C/M Stelzer said the area was not restricted to members only and Mrs. Brown -Porter said the letter did not say the area was going to be restricted. C/M Stelzer said there was a conflict regarding the land being zoned B-1 or S-1. V/M Stein said there was no question regarding this area being a non --conforming use. He said the area definitely was not going to be S-1. He said the question was that the restaurant was there for 14 years. He said he was not happy with a Bar & Grill. He said he asked that the name of the club be placed on the sign; however, when Bar & Grill was placed on a sign, it was inviting people to come in and have a drink or a sandwich making the restaurant commercial.. He said he does not want the name Bar & Grill placed on any restaurant sign in the City. Page 16 1 1 1/13/88 C/M Rohr asked why the Planning Commission turned this item down and Mrs. Brown -Porter said they understood the matter to be non -conforming. She said the Planning Commission did not fully understand the matter. V/M Stein said the item was denied by a tied Vote. C/M Hoffman MOVED to TABLE this Item until further study could be done, SECONDED by V/M Stein. LMOWMF General Administrative Mayor Hart - Nay V/M Stein - Aye C/M Hoffman - Aye C/M Stelzer - Nay C/M Rohr - Aye 11. MOTION TO ADOPT Temp. Reso. #4901 authorizing the placement o7 a -capital expend re on the March 8, 1988 ballot proposing the expenditure of funds to construct a multi -purpose center in an amount not to exceed $1,200,000.00. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R--88-11 - PASSED City Attorney Doody read Temp. Reso. #4901 by title. * C/M Hoffman MOVED to APPROVE this Item, SECONDED by C/M Rohr. C/M Stelzer had concerns about this referendum being defeated. He said the State required the City to have a certain amount of recreational space before they would permit the City to continue building. He said if the referendum failed on October 1, 1988, building would have to be stopped in the City. He said he has been fighting about this referendum procedure for a long time and did not feel that the Council should have to take an item to referendum if the monies were available in the recreational fund. He said the monies were impact fees given to the City by the developers. He said the funds were not allowed to be used for anything but recreational facilities. He suggested the recreation facility be built without going to referendum and, if there were objections, then injunctions could be made. Mayor Hart said he disagreed with C/M Stelzer and believed the people would vote for the recreation facility. He said the people needed to be educated about the facility and the need for it. He said the City Attorney suggested the matter be taken to referendum and he believes the Council should follow the City Attorney's advise. C/M Hoffman agreed with C/M Stelzer regarding the money; however, he said Council should follow the City Attorney's advise. C/M Stelzer said the recreation center was not a cost to the City as the literature in the Charter was meant for; City Attorney Doody said his rulings were consistent with the past City Attorney's rulings. He said the meaning of the Charter provision had to be read and he read it that if the City had funds and the capital expenditures were going to cost an excess of 2-1/2% of the current budget, then a referendum was needed. He said the old language of the Charter said, "in addition to comolvina with Page 17 1/13/88 public bidding requirements, no capital facility or improvements or contract or acquisitions or construction of such facility or improvements involved costing more or 2 1/2% of the budget....". C/M Stelzer asked City Attorney Doody if he studied previous Minutes involving this type of situation and City Attorney Doody said he reviewed the minutes and he found nothing that indicated that recreational impact fees were the type fund that was not under this provision. Mayor Hart suggested City Attorney Doody research this matter further and report back to Council with his findings. C/M Rohr said if the people were informed properly of the recreation facility and the pro and cons of refusing the matter, they would vote for it because the City could be forced to return the funds to the developers if they were not used. VOTE: ALL VOTED AYE Public Works Department 12. MOTION TO ADOPT Temp. Ord. 44902 naming the existing parcel of land known as Tract 27 Soccer Complex to TAMARAC SPORTS COMPLEX which is located at 9901 NW 77 Street. SYNOPSIS OF ACTION: RESOLUTION NO. R-88-12 - PASSED APPROVED Tract 27 to be named TAMARAC SPORTS COMPLEX. City Attorney Doody read Temp Reso. #4902 by title. * C/M Hoffman MOVED to APPROVE this item, SECONDED by C/M Rohr. C/M Stelzer asked who won and Mike Couzzo, Director of Public Works, said Peter Palmerie won the $50.00 certificate for submitting the name "Tamarac Sports Complex" and there would be a ceremony on Saturday, January 16, 1988 at 11:45 A.M. at the Park. VOTE: ALL VOTED AYE AGENDIZED BY CONSENT 20. MOTION TO ADOPT Tem2t Reso. #4903 rescinding Resolution R-87--408 which Approved and Authorized City officials to execute the assignment of an Easement offered by the City of Tamarac to Broward County for the 201 Force Main Project 86-5; and Authorizing the appropriate City officials to execute a corrected assignment of an Easement for Project 86--5. SYNOPSIS OF ACTION: AGENDIZED by Consent on Page 2. APPROVED. City Attorney Doody read Temp. Reso. #4903 by title. City Manager Telly said the Exhibit attached to the original Easement was improper and these documents would correct the problem. * C/M Rohr MOVED to APPROVE this item, SECONDED by C/M Hoffman. r Page 18 1 1 1 1/13/88 1 1 VOTE: ALL VOTED AYE Mayor Hart ADJOURNED the meeting at 9:00 P.M. OWWRHIR _..rlM /I L J�� 6L� CAROL E. BARBUTO, CITY CLERK "This public document was promulgated at a cost of $153.90 or $4.28 per copy to inform the general public, public officers and employees of recent opinions and considerations of the City Council of the City of Tamarac." CITY OF TAMARAC APPROVED AT MEETING OF i09 Page 19