HomeMy WebLinkAbout1988-01-13 - City Commission Regular Meeting Minutesrq,y
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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
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1
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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
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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
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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
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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
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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
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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
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1/13/88
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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
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