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HomeMy WebLinkAbout1989-01-25 - City Commission Regular Meeting Minutes7525 NW esth AVl7= WWAMC, rLORIDA 33320-2402 RECORD OF COUNCIL ACTIONS/DISCUSSION 4 CITY OF TAMARAC CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY, JANUARY 25, 1989 CALL TO ORDER: 9:00 A.M. ANNOUNCEMENT OF TIME ALLOCATIONS - MOTIONS TO TABLE - The Chair at this time will announce those items which have been given a specific time to be heard, and will entertain motions from Council members to table those items which require research. Council may agendize by majority consent matters of an urgent nature which have come to Council's attention after publication. INTRODUCTION 1. PRESENTATION by City Manager Kelly of fifteen -year service awards to MICHAEL CONSIDINE and JIMMIE DYE, a ten-year service award to JACKIE RACHEL, a five-year service award to ED LACEY, Police Department; and a five --year service award to JANICE ATWOOD, Utilities West. FINAL ACTION: PRESENTATIONS were made. CONSENT AGENDA 2. Items listed under Consent Agenda, Item 2, are viewed to be routine and the recommendation will be enacted by one motion in the form listed below. If discussion is desired, then the item(s) will be removed from the Consent Agenda and will be considered separately. Building Department a. MOTION TO ADOPT Temp. Reso. #5296 releasing a bond in the amount of $1,065.00 poste2l for beautification at AUTO CARE CENTER, 2530 W. Commercial Boulevard, Permit #87-1742 (881812). FINAL ACTION: APPROVED. RESOLUTION NO. R-89-17 PASSED. City Clerk b. MOTION TO APPROVE the minutes of the following City Council meetings: 1. 12/28/88 -- Regular Meeting 2. 01/05/89 - Special Meeting FINAL ACTION: APPROVED. Page 1 01/25/89 2. c. MOTION TO APPROVE renewal of a model sales permit for QUAIL OAKS APARTMENTS (TREEHOUSE)for a six month period from 1/27/89 to 7/27/89. FINAL ACTION: APPROVED. d. MOTION TO,APPROVE renewal of a model sales permit and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for ON THE GREENS - JASMINE for a six-month period from 2/12/89 to 8/12/89. FINAL ACTION: APPROVED. Public Works Department e. MOTION TO APPROVE payment of the proceeds generatea by the 1988 Turkey Trot in the amount of $696.11 to the BIG BROTHERS/SISTERS organization. FINAL ACTION: APPROVED. Utilities/Engineering f. MOTION TO ADOPT Temp. Reso. #5279 releasing warranty Letter of Credit #370238 in the amount of $38,812.50 posted for LAKES OF CARRIAGE HILLS lake excavation, phases I, II and III (tabled on 1/11/89). FINAL ACTION: APPROVED. RESOLUTION NO. R-89-18 PASSED. g. MOTION TO ADOPT Temp. Reso. #5268 releasing performance bond 735G178-A in the amount of $399,942.43 posted for public improvements at HIDDEN HARBOUR subject to receipt of a one-year warranty bond in the amount of $99,985.00 (tabled on 12/28/88). FINAL ACTION: APPROVED. RESOLUTION NO. R--89-19 PASSED. h. MOTION TO ADOPT Temp. Reso. #5297 releasing warranty bond #WO0363 in the amount of $91,182.90 posted for public improvements at TAMARAC SQUARE WEST. FINAL ACTION: REMOVED for discussion. TABLED. OPEN PUBLIC FORUM 3. OPEN PUBLIC FO^U"11 - Any member of the public who wishes to address the City Council at this time must, in advance of the item, give his/her name and address to the City Clerk. FINAL ACTION: Open Public Forum was held. 1 1 Page 2 01/25/89 REPORTS 4. City Council 5. City Manager 6. City Attorney CONSIDERATIONS General Administrative 7. MOTION TO APPROVE the City Manager's appointment of Kelly Carpenter -Craft as Director of Community Development. FINAL ACTION: APPROVED. Utilities/Engineering 8. MOTION TO APPROVE the purchase of a Toshiba "Page Laser 12" printer under State contract in lieu of bidding in the amount of $2,485.00. FINAL ACTION: APPROVED. 9. MOTION TO APPROVE the transfer of approximately 75,000.00 from the Municipal Complex/City Hall Account to the Municipal Complex/Police Facility Account for furnishings, refurbishing of existing furniture and relocation of existing telephone system by ROLM to the new Police facility. FINAL ACTION: APPROVED. RESOLUTIONS Community Development 10. MOTION TO ADOPT Temp. Reso. #5299 rescinding approval of a site plan for WELLENS FURNITURE COMPANY and refunding trafficway improvement fees in the amount of $13,144.90. FINAL ACTION: APPROVED. RESOLUTION NO. R-89-20 PASSED. 11. MOTION TO ADOPT Temp. Reso. #5300 authorizing the appropriate City officials to execute an agreement with Banyan Lakes Homeowners Association, Inc., relating to the enforcement of traffic control by the City within the BANYAN LAKES development. FINAL ACTION: APPROVED. RESOLUTION NO. R--89--21 PASSED. Page 3 01/25/89 12. a. MOTION TO ADOPT_Temp. Reso. #5301 amending the conditions under which a special exception to permit the operation of a dry cleaning business at 5308 NW 22 Avenue was granted by the City Council on 1/11/89 to GOLD COAST FORMALWEAR (Petition #29-Z-88). b. MOTION TO ADOPT Temp. Reso. #5295 approving a revised site plan for GOLD COAST FORMALWEAR reflecting addition of a dry cleaning facility at 5308 NW 22 Avenue. FINAL ACTION: TABLED 12.a., Resolution No. R--89-15 approved on January 11, 1989 was reconsidered and then TABLED. TABLED 12.b. Public Works Department 13. MOTION TO ADOPT _Temp. Reso. #5291 awarding Bid #88-46 in the amount of $4,250.00 to Atlas Roofing Company, Inc., for roof replacement on three C-14 canal pump stations (tabled on 1/11/89). FINAL ACTION: RESOLUTION NO. R-89-22 PASSED. APPROVED. Utilities/Engineering 14. a. MOTION TO APPROVE a Water and Scwcr Developers Agreement for the WOODLAND COVE development. b. MOTION TO ADOPT Temp. Reso. #5302 accepting a Blanket Public Safety Ingress/Egress Easement for the WOODLAND COVE development. FINAL ACTION: APPROVED 14a. APPROVED 14b. RESOLUTION NO. R-89-23 PASSED. PUBLIC HEARING - 10:00 A.M. Community Development 15. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #5294 concerning a request by AMOCO OIL COMPANY for special exception to permit a car wash in an existing bay at the service station located at 8291 N. University Drive, which is zoned B-2 (Planned Business). Petition #33-Z-88 FINAL ACTION: RESOLUTION NO. R--89-24 PASSED. APPROVED. Public hearing was held. 1 F', 1 Page 4 01/25/ 89 ORDINANCES PUBLIC HEARING - 10:00 A.M. City Attorney 16. PUBLIC HEARING -- MOTION TO ADOPT Temp. Ord. #1418 on second reading to reduce the municipal excise tax charged to casualty insurance premiums from 1% to .85% in accordance with amended Chapter 185 Florida Statutes. FINAL ACTION: ORDINANCE NO. 0-89-1 PASSED. APPROVED on second reading. Public hearing was held. 17. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1419 on second reading to reduce the municipal excise tax charged to property insurance premiums from 2% to 1.85% in accordance with amended Chapter 175 Florida Statutes. FINAL ACTION: ORDINANCE NO. 0-89-2 PASSED. APPROVED on second reading. Public hearing was held. Community Devclopment 18. a. MOTION TO ACCEPT Affidavits of Publication, Mailing and Posting for Temp. Ord. #1424. Petition #31-Z-88 b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1424 on first reading pertaining to a request by WESTLAKE VILLAS, INC., to rezone lands on the south side of NW 77 Street at the northwest corner of SPRINGLAKE II from R-3 (Low Density Multiple Dwelling) to S-1 (Open Space/Recreation). Petition #31-Z-88 FINAL ACTION: ACCEPTED Affidavits. APPROVED on first reading. Public hearing was held. The second reading and public hearing will be held during a Regular City Council meeting on February 8, 1989 at 7:30 P.M. 19. a. MOTION TO ACCEPT Affidavits of Publication, Mailing and Posting for Temp. Ord. #1425. Petition #32-Z-88 Temp_,_. b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1425 on first reading pertaining to a request by WESTLAKE VILLAS, INC., to rezone lands at the southeast corner of SPRING LAKE II -PHASE II, north of the existing SPRING LAKE II clubhouse area, from S-1 (Open Space/Recreation) to R-3 (Low Density Multiple Dwelling). Petition #32-Z--88 FINAL ACTION: ACCEPTED Affidavits. APPROVED on first reading. Public hearing was held. The second reading and public hearing will be held during a Regular City Council meeting on February 8, 1989 at 7:30 P.M. Page 5 01125 /89 20. a. MOTION TO ACCEPT Affidavits of Publication, Mailing and Posting for Temp Ord, #1423. Petition #34-Z-88 - b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1423 on first reacTIng pertaining to a request by KESSLER GROUP, INC., to rezone lands at the northeast corner of Commercial Boulevard and NW 70 Avenue from B-1 (Neighborhood Business) and B-2 (Planned Business) to B-2 (Planned Business). Petition #34-Z-88 FINAL ACTION: ACCEPTED Affidavits. APPROVED on first reading. Public hearing was held. Second reading and public hearing will be held during a Regular City Council meeting on February 8, 1989 at 7:30 P.M. 21. a. MOTION TO ACCEPT Affidavits of Publication and Posting for Temp. Ord. #1421 . Petition #30-Z-88 b. PUBLIC HEARING - MOTION TO ADOPT _Temp. Ord_. #1421 on second reading concerning a request by KINDER CARE LEARNING CENTER/ALLEN KRONENBERGER to rezone lands north of the Southern Bell facility on the east side of University Drive at NW 76 Street from B-1 (Neighborhood Business) to B--S (Limited Business District). Petition #30-Z-88 FINAL ACTION: ORDINANCE NO. 0-89-3 PASSED. ACCEPTED Affidavits. APPROVED on second reading. Public hearing was held. 22. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1420 on second reading to amend Article I of Section 28-1 of the Code to provide for an amended definition of the term "family". FINAL ACTION: TABLED. General Administrative 23. PUBLIC HEARING -- MOTION TO ADOPT Tem . Ord. #1422 on second reading to repeal Article IX, Sections 14-59 through 14-71.2, of the City Code entitled "Alarm Systems" and to create a new Article IX to be entitled "Alarm Systems". FINAL ACTION: ORDINANCE NO. 0-89-4 PASSED. APPROVED on second reading. Public hearing was held. AGENDIZED BY CONSENT 24. MOTION TO DIRECT the City Manager whether there is documentation on Drainage Study and submit a full Council. FINAL ACTION: APPROVED. to investigate the Storm Water report to the City P 0 1 Page 6 01/25/89 1 1 25. MOTION TO APPROVE First Annual Luncheon for committee members and spouses at Colony West Country Club on Valentines Day with surplus funds from the 25th Anniversary celebration. FINAL ACTION: APPROVED. 26. MOTION TO APPROVE City Manager to prepare letter to Carla Coleman of Florida Atlantic University in Tallahassee, to review City's Charter. FINAL ACTION: APPROVED. City Council may consider and act upon such other business as may come before it. In the event this agenda must be revised, such revised copies will be available to the public at the City Council meeting. Pursuant to Chapter 286.0105, Florida Statutes, if a person decides to appeal any decision made by the City Council with respect to any matter considered at such meeting or hearing, he may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is based. Carol A. Evans City Clerk Page 7 01/25/89 CITY OF TAMARAC CITY COUNCIL REGULAR MEETING WEDNESDAY, JANUARY 25, 1989 CALL TO ORDER: Mayor Abramowitz called this meeting to Order on Wednesday, January 25, 1989 at 9:00 A.M. in the Council Chambers. MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Abramowitz called for the Pledge of Allegiance followed by a Moment of Silent Meditation dedicated to Irving "Popeye" Vitrofsky who passed away. PRRRRMT ALSO PRESENT: Mayor Norman Abramowitz Vice Mayor Jack Stelzer Councilman Dr. H. Larry Bender Councilman Bruce Hoffman Councilman Henry Rohr John P. Kelly, City Manager Richard Doody, City Attorney Carol A. Evans, City Clerk Pauline Walaszek, Special Services Secretary Mayor Abramowitz said the City was very sad by the loss of Irving "Popeye" Vitrofsky. He said Mr. Vitrofsky was an asset to the City and volunteered for several projects especially at Tamarac Elementary School. He announced that the City has declared a period of Mourning and the Funeral would be held at 1:30 P.M. today at the Star of David Funeral Home. INTRODUCTION 1. PRESENTATION by City Manager Kelly of fifteen -year service awards to MICHAEL CONSIDINE and JIMMIE DYE, a ten-year service award to JACKIE RACHEL, a five-year service award to ED LACEY, Police Department; and a five-year service award to JANICE ATWOOD, Utilities West. SYNOPSIS OF ACTION: PRESENTATIONS were made. Russ Rosen accepted the award for Jimmie Dye. Mayor Abramowitz announced that if the meeting was not Adjourned before 1:00 P.M., he would call a recess so that the City could attend the services for Mr. Vitrofsky. CONSENT AGENDA 2. h. MOTION TO ADOPT Temp Reso. #5297 releasing warranty bond #W00363 in the amount oY$991,182.90 posted for public improvements at TAMARAC SQUARE WEST. SYNOPSIS OF ACTION: REMOVED for separate discussion. (SEE PAGES 3 and 4 for Final Action) * V/M Stelzer MOVED to REMOVE Consent Agenda Item 2, h. for * Separate Discussion, SECONDED by C/M Hoffman. VOTE: ALL VOTED AYE Page 1 I" 1/25/89 CONSENT AGENDA - ITEM 2, a. through h. Building Department 2. a. MOTION TO ADOPT Temp. Reso. #5296 releasing a bond in the amount of $1,065.00 posted for beautification at AUTO CARE CENTER, 2530 W. Commercial Boulevard, Permit #87-1742 (881812) SYNOPSIS OF ACTION: RESOLUTION NO. R-89-17 - PASSED APPROVED. City Clerk b. MOTION TO APPROVE the minutes of the following City Council —me et g 1. 12/28/88 - Regular Meeting 2. 01/05/89 - Special Meeting SYNOPSIS OF ACTION: APPROVED. c. MOTION TO APPROVE renewal of a model sales permit for QUAIL OAKS APARTMENTS (TREEHOUSE) for a six-month period from 1/27/89 to 7/27/89. SYNOPSIS OF ACTION: APPROVED. d. MOTION TO APPROVE renewal of a model sales permit and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for ON THE GREENS - JASMINE for a six-month period from 2/12/89 to 8/12/89. SYNOPSIS OF ACTION: APPROVED. Public Works Department e. MOTION TO APPROVE payment of the proceeds generated by the 3988 Turkey Trot in the amount of $696.11 to the BIG BROTHER/SISTERS organization. SYNOPSIS OF ACTION: APPROVED. Utilities/En ineerin f. MOTION TO ADOPT Temp. Reso. #5279 releasing warranty Letter oY Credit #370238 1.n1.n tFeamount of $38,812.50 posted for LAKES OF CARRIAGE HILLS lake excavation, phases I, II and III (tabled on 1/11/89). SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-89-18 - PASSED g. MOTION TO ADOPT T--e--m-,p- Reso. #5268 releasing performance bond #735G178-A in amount f $399,942.43 posted for public improvements at HIDDEN HARBOUR subject to receipt of a one-year warranty bond in the amount of $99,985.00 (tabled on 12/28/88). SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-89-19 - PASSED Page 2 1/25/89 h. MOTION TO ADOPT Temp. Reso. #5297 releasing warranty bond #W00363 in the amount of $91,182.90 posted for public improvements at TAMARAC SQUARE WEST. SYNOPSIS OF ACTION: REMOVED for separate discussion on Page 1. (SEE PAGES 3 and 4 for Final Action) * C/M Bender MOVED to APPROVE Consent Agenda Item 2, with the * exception of h., SECONDED by C/M Rohr. VOTE: ALL VOTED AYE 2. h. MOTION TO ADOPT Temp. Reso. #5297 releasing warranty bond #W00363 n the amount of 91,182.90 posted for public improvements at TAMARAC SQUARE WEST. SYNOPSIS OF ACTION: REMOVED o�parate discussion on Page 1. TABLED for further investigation regarding the landscaping. City Attorney Doody read Temp. Reso. #5297 by title. V/M Stelzer said he asked for this Item to be Removed for Separate Discussion because a member of the audience wanted to comment on the Item. Carl Alper, Resident at 8208 NW 91st Avenue, said the City's Ordinance required 1 tree for every 10 parking spaces; however, Tamarac Square West had 1 tree for every 15 parking spaces. He said he asked the previous City Planner about this matter and he was informed that a Court Order issued by Judge Weissing stated that Tamarac Square West did not have to comply to the City's existing Ordinances. He said he reviewed the Court Order and found that Tamarac Square West had to comply with the City's Parking Codes only. He said this matter pertained to parking; therefore, Tamarac Square West should have to comply with the Ordinance. Bob Foy, Director of Utilities/Engineering, said Mr. Alper's concerns did not pertain to this Item. He said the request for this Item was to release the warranty Bond and he recommended approval. C/M Rohr suggested that the Community Development Department send a letter through the City Attorney informing Tamarac Square West that there were concerns about a violation in the parking Code to see if the matter could be resolved. C/M Hoffman suggested that this Item be Tabled until it was investigated. City Attorney Doody suggested that the release of the warranty bond be approved and the matter concerning the parking Code could be handled as a separate issue. Mayor Abramowitz said he understood that the Item concerned the warranty bond; however, he was not comfortable voting on an Item that needed more investigation. Mr. Foy said the bond expired on October 28, 1988; however, this request was a house-cleaning matter. He said the project has been inspected and approved by staff. Page 3 1/25/89 C/M Hoffman said the bond has been expired since October 28, 1988; therefore, there should not be a problem in Tabling the Item until further investigation by the Community Development Department regarding the landscaping. * C/M Hoffman MOVED to TABLE Temp. Reso. #5297, SECONDED * by C/M Bender. VOTE: ALL VOTED AYE V/M Stelzer suggested that the City Council consider doing this on public improvement items because it may set a bad precedent and City Attorney Doody agreed. OPEN PUBLIC FORUM 3. OPEN PUBLIC FORUM Irving Katz, Resident of Lakes of Carriage Hills, thanked the City Manager for purchasing the needed manuals for the Utilities/Engineering Department. He had concerns with the existing residents having to comply with the new Fire Codes and with the developers who started their projects having to comply before the projects were done. Mayor Abramowitz said that this matter would need to be investigated and C/M Rohr said he would like a report as to the developers having to comply with the State mandates regardless of the City Codes. Melanie Reynolds, Resident of Sands Point, asked the City Council the following questions: 1. If there are Minutes to the Special City Council Budget Meeting of September 6, 1988. 2. Where and when were the ERC Fees raised $1,000.00 3. If the residents could use their own insurance for Medics Ambulance Service rather than the City paying for the use of Medics Ambulance Insurance. 4. Why the Assistant to the City Manager position salary was increased $10,000.00 from last year's original proposal. 5. Why the salaries of the City Manager and City Attorney were not approved by the City Council this year. Mary Seidel, Resident of Kings'Point, asked if the City Council could assist in any way regarding the flight pattern at the Executive Airport. Mayor Abramowitz said the City was looking into this matter and the residents would be informed of the outcome. Joseph Schreiber, Resident of Clairmont/Kings Point, referring to the Cardinal Industries project, said at a City Council meeting in June, 1986, C/M Hoffman Voted to Approve the Cardinal Industries project. He said if the City Council was trying to find information about the project, they should ask C/M Hoffman. C/M Rohr asked if there were other with C/M Hoffman and Mr. Schreiber Council Voted for the project. Page 4 Councilmembers Voting said the entire City 1 1 1 1/25/89 Mr. Schreiber said the City's Charter, Section 7.03, indicated that every Budget should have comparative figures from the previous year. He said this information was not available for the 1988/89 Budget and he asked why. Mr. Schreiber said the City's Charter, Section 7.18, indicated that the Utility Funds were not supposed to be co -mingled with the General Fund. He asked why there was a transfer of funds from the Utility Fund to the General Fund for Fiscal Year 1988/89. REPORTS 4. City Council Reports C/M Hoffman said he has received several inquiries regarding people skiing in canals behind residential homes. He asked that the City Attorney investigate to see whether 1) the City could prohibit this type of fishing, 2) the City could require the people to have a fishing license and 3) if parking regulations could be mandated to prevent the people from parking in the area. Mayor Abramowitz asked the City Council for an expression of interest. The City Council AGREED with the City Attorney investigating this matter. V/M Stelzer said a fishing license was required to those people using a fishing rod with a reel; however, people fishing with bamboo rods did not need a license. C/M Hoffman said he was unaware of these regulations; therefore, he was asking the City Attorney to investigate the matter and report back to the City Council with his findings. C/M Rohr reported that the City Manager and Public Works Director would be meeting with another company regarding a Recycling Program. He said this matter was of great importance and the City wanted to find the best and most feasible program for the residents and the City. C/M Bender reported on a letter sent to the City from the Florida Department of Environmental Regulations. He said the letter informed the City that Florida Power and Light filed an application to build a levee midway transmission line of 500,000 volts through the City and several other Cities. He said the application indicated the areas being considered which are the west side of Tamarac adjacent to the Sawgrass Expressway and Florida Power and Light wanted a large portion of Land Section 7 for a Substation. He said this would have a large impact on the City and the tax base would be affected. C/M Bender requested that the City Manager and City Attorney prepare a position paper indicating that the City be made a party in the legal proceedings of the request and the City's position would be to utilize a proposed secondary corridor as opposed to the primary corridor. C/M Bender said he received another letter from the Department of Environmental Regulations regarding Chapter 17-24, Electric and Magnetic Fields. He said the Department of Environmental Regulations was trying to Page 5 1/25/89 create some type of standard. He said the letter indicated that there was enough reason to be concerned about health and welfare and recommended that further continuous study be done within the State to protect the residents. C/M Bender said he wrote several of the State Legislators asking them to propose the State establish a two million dollar research fund to investigate the health effects of electric magnetic fields in which Florida Power and Light would donate the costs. He said there was an existing Bill in the State of California and copies of that Bill were sent to the State Legislators as an example. C/M Bender said the State realizes that there was no indication of the need for worry; however, he requested that various Universities investigate the matter and report to the State yearly with their findings. V/M Stelzer said Florida Power and Light informed the City that they were no longer interested in placing a Substation in Land Section 7 and City Manager Kelly agreed. C/M Bender said the documents recently submitted to the City indicated that Florida Power and Light had intentions of placing their Substation in Land Section 7. 25. DISCUSSION AND POSSIBLE ACTION regarding a Storm Water Drainage Study. SYNOPSIS OF ACTION: DIRECTED the City Manager to investigate the whereabouts of the Storm Water Drainage information and, if there were no documents, why. V/M Stelzer said 2 years ago there was a Storm Water Drainage program being created. He said the previous City Planner indicated that the program was completed except for the decision of the rates. He said he recently contacted the Community Development Department regarding the information and Mike Von Hofen, Assistant City Planner, said there were no documents of this type in the office. He asked that the City Manager investigate the whereabouts of the information and, if there is no information on the matter, the City Manager should investigate why. Mayor Abramowitz said he would like an expression of interest from the City Council. * V/M Stelzer MOVED to DIRECT the City Manager to investigate * whereabouts of the information for the Storm Water Drainage * project and, if there was no information available, why, * SECONDED by C/M Rohr. VOTE: ALL VOTED AYE TAPE 2 V/M Stelzer said the City hired outside consultants to handle matters that needed professional expertise. He said the City called upon Consulting Attorney, Alan Ruf, to handle the matter concerning Cardinal Industries. He said Mr. Ruf entered into the Agreement with Cardinal Industries providing there was a recreation facility, swimming pool and landscaping done on the property. He Page 6 1/25/89 said if the City Council and staff could not depend on the consulting professionals to make the correct decision, then the City should not hire them. V/M Stelzer said there were two violations on the 64 Avenue project. He asked if the developer would be notified of these violations and asked to correct them. (SEE PAGES 15 and 16 for continuation of Reports) RESOLUTIONS PUBLIC HEARING - 10:00 A.M. Community Development 15. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #5294 concerning a request by AMOCO OIL COMPANY for special exception to permit a car wash in an existing bay at the service station located at 8291 N. University Drive, which is zoned B-2 (Planned Business). Petition #33-Z-88 SYNOPSIS OF ACTION: RESOLUTION NO. R-89-24 - PASSED Public Hearing was held. APPROVED. City Attorney Doody read Temp. Reso. #5294 by title. * C/M Rohr MOVED to APPROVE Temp. Reso. #5294, SECONDED * by C/M Bender. Mike Von Hofen, Assistant City Planner, said the zoning on the property was B-2 and the Master File number was 1-76. He said the Legal Description on the property is Parcel A, Timber Run Service Station Plat, Plat Book 89, Page 29. He said the type of use requested is a special exception to allow use of an existing bay for a service station carwash. He said the Planning Commission and staff recommended approval. Mayor Abramowitz Opened and Closed the Public Hearing with no response. VOTE: ALL VOTED AYE ORDINANCES CitX Attorney 16. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1418 on second reading to reduce the municipal ex icis se tax charged to casualty insurance premiums from 1% to .85% in accordance with amended Chapter 185 Florida Statutes. SYNOPSIS OF ACTION: Public Hearing was held. APPROVED on second reading. ORDINANCE NO. 0-89-1 - PASSED City Attorney Doody read Temp. Ord. #1418 by title. * C/M Rohr MOVED to APPROVE Temp.Ord. #1418 on * second reading, SECONDED by CBender. Page 7 1/25/89 City Attorney Doody said this change was to reflect the revisions in the State Statutes and he recommended approval. Mayor Abramowitz Opened and Closed the Public Hearing with no response. VOTE: Mayor Abramowitz - Aye V/M Stelzer - Aye C/M Bender - Aye C/M Hoffman -- Aye C/M Rohr - Aye 17. PUBLIC HEARING - MOTION TO ADOPT Ted_ Ord. #1419 on second reading to reduce the municipal excise tax charged to property insurance premiums from 2% to 1.85% in accordance with amended Chapter 175 Florida Statutes. SYNOPSIS OF ACTION: ORDINANCE NO. 0-89--2 - PASSED Public Hearing was held. APPROVED on second reading. City Attorney Doody read Temp. Ord. #1419 by title. City Attorney Doody said this request was to comply with the revisions of the State Statute. * C/M Bender MOVED to APPROVE Temp. Ord. #1419 on * second reading, SECONDED by C/M Hoffman. Mayor Abramowitz Opened the Public Hearing. Melanie Reynolds, Resident of Sands Point, said that the Agenda for this Item was incorrect and should read 175 as opposed to 185. After reviewing the Ordinances, City Attorney Doody said the Agenda was incorrect; however, the Ordinances were correct. Mayor Abramowitz Closed the Public Hearing with no further response. V/M Stelzer said these changes would affect the monies sent to the City for the Pension Plan and City Attorney Doody said he was informed by the State that the affect would not be great. VOTE: Community Development ALL VOTED AYE 18. a. MOTION TO ACCEPT Affidavits of Publication, Mailing and Posting for Temp. Ord. #1424. Petition #31-Z-88 b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1424 on first read 'pertain ng to a request by WESTLAKE VILLAS, INC., to rezone lands on the south side of NW 77 Street at the northwest corner of SPRINGLAKE II from R-3 (Low Density Multiple Dwelling) to S-1 (Open Space/Recreation). Petition #31-Z-88 SYNOPSIS OF ACTION: Public Hearing held. a. ACCEPTED Affidavits. b. APPROVED on first reading. Page 8 1 1 1 1/25/89 * a) C/M Bender MOVED to ACCEPT the Affidavits of Publication, * Mailing and Posting for Temp- Ord. #1424, SECONDED by * C/M Hoffman. VOTE: ALL VOTED AYE City Attorney Doody read Temp. Ord. #1424 by title. * b) C/M Bender MOVED to APPROVE Temp. Ord. #1424 on * first reading, SECONDED by C M Hofrman. Mike Von Hofen, Assistant City Planner, said the zoning on the property was R-3 and the Master File number was 25-79. He said the Legal Description of the Property was Springlake II, Plat Book 109, Page 11, Lots 15, 16 and 17. He said the request was to rezone from R-3 (Low Density Multiple Dwelling) to S-1 (Open Space/Recreation) and the Planning Commission and staff recommend approval. Mayor Abramowitz Opened and Closed the Public Hearing with no response. VOTE: ALL VOTED AYE 19. a. MOTION TO ACCEPT Affidavits of Publication, Mailing and Posing for Temp. Ord. #1425. Petition #32-Z-88 b. PUBLIC HEARING - MOTION TO ADOPT Temp_ Ord. #1425 on first reading pertaining to a request by WESTLAKE VILLAS, INC., to rezone lands at the southeast corner of SPRINGLAKE II - PHASE II, north of the existing SPRINGLAKE II clubhouse area, from S-1 (Open Space/Recreation) to R-3 (Low Density Multiple Dwelling). Petition #32-Z-88 SYNOPSIS OF ACTION: Public Hearing �was held. a. ACCEPTED Affidavits. b. APPROVED on first reading. * a) C/M Bender MOVED to ACCEPT the Affidavits of Publication, * Mailing and Posting for Tem Ord. #1425, SECONDED by * C/M Hoffman. VOTE: ALL VOTED AYE City Attorney Doody read Temp Ord. #1425 by title. * b) C/M Bender MOVED to APPROVE Temp. Ord. #1425 on * first reading, SECONDED by C M Hoffman. Mr. Von Hofen said this request was the second part of the request made by Westlake Villas, Inc. He said the Planning Commission and staff recommended approval. City Attorney Doody asked for Land Use designation of the property and Mr. Von Hofen replied, residential. C/M Hoffman said the purpose of this change was because of the residents' concerns about noise. He said the developer has worked very willingly with staff and was very cooperative. Mayor Abramowitz Opened and Closed the Public Hearing with no response. VOTE: ALL VOTED AYE Page 9 1/25/89 20. a. MOTION TO ACCEPT Affidavits of Publication, Mailing and Posi71ng-Tor-Tem . Ord. #1423. Petition #34-Z-88 b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1423 on first rea d�pertaining to a request by KESSLER GROUP, INC., to rezone lands at the northeast corner of Commercial Boulevard and NW 70 Avenue from B-1 (Neighborhood Business) and B-2 (Planned Business) to B--2 (Planned Business) . Petition #34-Z--88 SYNOPSIS OF ACTION: Public Hear ng was held. a. ACCEPTED Affidavits. b. APPROVED on first reading. * a) C/M Bender MOVED to ACCEPT the Affidavits of Publication, * Mailing and Posting for Temp. Ord. #1423, SECONDED by * C/M Hoffman. VOTE: ALL VOTED AYE City Attorney Doody read Temp. Ord. #1423 by title. * b) C/M Hoffman MOVED to APPROVE Temp. Ord. #1423 on * first reading, SECONDED by C/M Bender. Mr. Von Hofen said the zoning on the property was B-1 and B-2 and the Master File number was 16-88. He said the Legal Description on the property was Portion of Section 10, Township 49 south, Range 41 east. He said the request was for rezoning from B-1 (Neighborhood Business) and B--2 (Planned Business) to B-2 (Planned Business). He said the number of acres are 5.168 and the Planning Commission and staff recommend approval. Mayor Abramowitz Opened and Closed the Public Hearing with no response. VOTE: ALL VOTED AYE 21. a. MOTION TO ACCEPT Affidavits of Publication and Post ngtor Tem . Ord. #1421. Petition #30-Z-88 b. PUBLIC HEARING -- MOTION TO ADOPT Temp. Ord. #1421 on second reading concerning a request by KINDER CARE LEARNING CENTER/ALLEN KRONENBERGER to rezone lands north of the Southern Bell facility on the east side of University Drive at NW 76 Street from B-1 (Neighborhood Business) to B-5 (Limited Business District). Petition #30-Z-88 SYNOPSIS OF ACTION: ORDINANCE NO. 0-89-3 - PASSED Public Heaea g�was held. a. ACCEPTED Affidavits b. APPROVED on second reading. * a) C/M Bender MOVED to ACCEPT Affidavits of Publication and * Posting for Tem . Ord. #1421, SECONDED by C/M Hoffman. VOTE: ALL VOTED AYE City Attorney Doody read Temp. Ord. #1421 by title. * b) C/M Bender MOVED to APPROVE Temp. Ord. #1421 on * second reading, SECONDED by C/M RoFir. Page 10 1 1 1 1/25/89 Mr. Von Hofen said the zoning on the property was B-1 and the Master File number was 12-88. He said the Legal Description of the property was Southern Bell, Tamarac, Tract A and the type of use requested was for rezoning from B-1 (Neighborhood Business) to B-5 (Limited Business District). He said staff recommended approval for this request because B-5 was the appropriate zone in which the Petitioner could locate his intended use subject to a special exception approval. He said Planning Commission and staff recommended approval. Mayor Abramowitz asked if the zone would be B-5 even if the Petitioner decided not to build his intended use and City Attorney Doody replied, yes. Mayor Abramowitz said he would like to meet with the City Manager and staff regarding concerns he received from residents regarding rezoning matters. Mayor Abramowitz Opened the Public Hearing. Vickie Beech, Resident at 9102 NW 67 Court, asked if Southern Bell was selling land to the Petitioner. Steve Reagan, Representative of Kinder Care Learning Center, said there was a contract to purchase the property from Southern Bell contingent upon the rezoning and special exception approval. Mrs. Beech had concerns with the Petitioners applying for rezoning as opposed to the Landowner and Mr. Von Hofen said Southern Bell applied for the rezoning request; however, the Petitioner had an option with Southern Bell. Irving Katz, Resident of Lakes of Carriage Hills, asked if the safety of the children was addressed. City Attorney Doody said the Item before the City Council was for rezoning only. He said concerns not relating to the rezoning would be addressed at the time the site plan was before the City Council. Joseph Schreiber, Resident of Clairmont/Kings Point, said that the usage had to be discussed at a rezoning otherwise, the City Council could not determine if the land should be rezoned. City Attorney Doody said if the City Council discussed other matters besides the rezoning, the process would be jeopardized. He said he urged the City Council not to discuss the matters because they may be accused of prejudice of the site plan. Mr. Schreiber asked if a Covenant could be placed in the Ordinance that would eliminate the concerns of the Petitioner not following through on his intended use. Mayor Abramowitz said this could not be done and was a big frustration of the City Council. Mayor Abramowitz Closed the Public Hearing with no further response. VOTE: ALL VOTED AYE 22. PUBLIC HEARING - MOTION TO ADOPT �Tem�p- Ord. #1420 on second reading to amend Arta a -I of Sections of the Code to provide for an amended definition of the term "family". Page 11 1/25/89 SYNOPSIS OF ACTION: Public Hearing was held. TABLED for further investigation by the City Attorney. City Attorney Doody read TemE. Ord. #1420 by title. * C/M Bender MOVED to APPROVE Temp. Ord. #1420 on * second reading, SECONDED by C M HOTFm—a-n. City Attorney Doody said this Ordinance was requested by the City Council to amend the definition of the term "family" as it was presently written in the Zoning Districts. He said the definition was based on a 1972 Supreme Court case, Belle Terre vs. Morris. TAPE 3 Mr. Von Hofen said the City had to be concerned with the impact on the infrastructure as the City grows. He said by having a well defined definition of "family" it would prevent 20 unrelated people living in one home and he recommended approval. Mayor Abramowitz Opened the Public Hearing. Larry Korman, Attorney and Chairman of the Broward County Chapter of the American Civil Liberties Union, said he was present to oppose the proposed Ordinance. He said there was certain language in the Ordinance which was vague and violated other Supreme Court cases in this field. He said the Ordinance stated that one or more persons immediately related by blood, marriage or adoption. He said the word "immediate" may violate the Supreme Court Case of East Cleveland, which was decided after the Belle Terre Case. Mr. Korman said the City Attorney may not be taking into account that there was no Constitutional right to privacy if decisions were made as to who could reside in their own homes. He said the State of Florida was more concerned than the United States Supreme Court about the degree in which the Government, which included this City Council, was allowed to intrude into the residents private lives. Mr. Korman said in 1980, by Popular Election, an Amendment was added to the State Constitution which stated, "Every natural person has the right to be let alone and free from Governmental intrusion into his private life". He said trying to tell people who they may reside with in a home was an intrusion into their private lives and a violation of the State Constitution. He said he wanted to assure the City Council that if any resident in the City of Tamarac or any person that wanted to move into the City of Tamarac wanted to challenge the Ordinance, if passed, the American Civil Liberties Union would stand behind the person and pursue the matter through the State and/or Federal Courts. City Attorney Doody said he was concerned that Mr. Korman did not contact him before this time. Mayor Abramowitz suggested that City Attorney Doody confer with Mr. Korman after the meeting. Mr. Korman gave City Attorney Doody his card and asked City Attorney Doody to contact him. Page 12 IF 1/25/89 City Attorney Doody asked why Mr. Korman did not contact him before the meeting and Mr. Korman said he heard about the matter yesterday afternoon. C/M Rohr said he would like to hear the City Attorney's response to this matter. Mayor Abramowitz said the City Council heard Mr. Korman's opinion; however, he would like to hear from the City Attorney after the City Attorney was able to discuss the matter with Mr. Korman. Anthony Grimaldi, Resident of Sunflower/Heathgate, said he was very interested in this Item and he did not see how the Mayor could take it upon himself to discontinue the conversations between the City Attorney and Mr. Korman. He said this Item was a Public Hearing and he wanted to hear the City Attorney's questions as opposed to the questions occurring without the residents present. He suggested the City Council allow the City Attorney to express his concerns. Mayor Abramowitz said as Chairman of the City Council, this decision was his to make. He said he would like a Motion to Table the Item until City Attorney Doody discussed this matter with Mr. Korman. He said he would like the City Attorney to research the matter and report to the City Council with his findings as opposed to engaging in conversation that the City Council and residents were not aware of. City Attorney Doody said after hearing Mr. Korman's opinion, he felt that Mr. Korman was considering litigation if the Ordinance was passed. He said it was his responsibility to research the matter further; however, he was unaware of any case that would cause the Ordinance to be in conflict with either the United States or State Constitution. He suggested the Item be Tabled until he investigated the matter further and report back to the City Council with his findings. Melanie Reynolds, Resident of Sands Point, had concerns regarding the definition of a Foster Home. She said the Ordinance indicated that there should be no more than five children and they must be under 19. She said a foster home had foster parents in it. Mayor Abramowitz asked the City Attorney to submit an answer to Mrs. Reynolds. Mayor Abramowitz Closed the Public Hearing with no further response. * C/M Rohr MOVED to TABLE Temp. Ord. #1420 on second reading * for further investigation by tie City Attorney, SECONDED by * C/M Bender. VOTE: ALL VOTED AYE General Administrative 23. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1422 on second reading to repeal Article TX, Sections 14-59 through 14-17.2, of the City Code entitled "Alarm Systems" and to create a new Article IX to be entitled "Alarm Systems". Page 13 1/25/89 SYNOPSIS OF ACTION: Public Hearing was held. APPROVED on second reading. APPROVED the refund of those Annual. Burglar Alarm Fees that were received for 1989 and to send notice to the residents by way of the Utility Bills that the Fees were no longer required. ORDINANCE NO. 0--89--4 -- PASSED City Attorney Doody read Ted- Ord. #1422 by title. City Attorney Doody said the Ordinance was amended as follows: 1. Page 3, Lines 15 through 23, the definition of Burglar Alarm System was reworded and was more consistent with the old Ordinance. 2. Page 4, Line 19, the words "Police Officer" were changed to "Employee". 3. The Section regarding access to the premises was eliminated entirely. C/M Hoffman MOVED to APPROVE Temp. Ord. #1422 on second reading, SECONDED by C/M Bender. Mayor Abramowitz Opened the Public Hearing. Irving Katz, Resident of Lakes of Carriage Hills, said he was concerned with this Ordinance eliminating the fee for false alarms and Mayor Abramowitz said the residents would be fined for false alarms. Mayor Abramowitz said the only fee being eliminated from the Ordinance was the Annual Burglar Alarm Fee. Mr. Katz said he was concerned that the Police had to answer false alarms when their services could be used elsewhere.. Mayor Abramowitz said the City Council has received several telephone calls from the residents regarding a refund in the Annual Burglar Alarm Fees for 1989. He suggested that a Motion be made to return the monies received for 1989. City Attorney Doody suggested that the City Council adopt the Ordinance first and then make a Motion to refund the Fees already received for 1989. Mayor Abramowitz Closed the Public Hearing with no further response. VOTE: ALL VOTED AYE Mayor Abramowitz asked for a Motion to refund the Annual Burglar Alarm Fees for 1989. C/M Bender MOVED to APPROVE the refund of those Annual Burglar Alarms Fees for 1989, SECONDED by C/M Hoffman. V/M Stelzer suggested that the residents who have been billed for this Annual Fee should be informed by way of the Utility Bills that they were no longer required to pay the Fees. Page 14 1 1 1 1/25/89 1 1 The City Council AGREED with this suggestion. VOTE: REPORTS 4. City Council Reports ALL VOTED AYE 25. MOTION TO APPROVE First Annual Luncheon for Committee members and spouses at Colony West Country Club on Valentines Day with surplus funds from the 25th Anniversary Celebration. SYNOPSIS OF ACTION: APPROVED. Mayor Abramowitz said he received a report regarding the surplus from the 25th Anniversary Celebration. He said there was approximately $1,500.00 in the account; however, he would like City Council's approval to expend approximately $1,000.00 for a Committee Appreciation Luncheon. He said he would like the Luncheon to take place on February 14, 1989 at the Colony West Country Club. He said the Committee members and their spouses would be asked to attend. * C/M Bender MOVED to APPROVE the expenditure of funds for a * Committee Appreciation Luncheon, SECONDED by C/M Hoffman. VOTE: ALL VOTED AYE Mayor Abramowitz said the Senior Olympic Organization contacted him regarding the City being a sponsor for the Senior Olympics. He said he would like the Parks and Recreation Department to hold a Senior Olympics and he would like City Council's approval so that preparations could begin. The City Council AGREED with this suggestion. Mayor Abramowitz said he would like a Resolution regarding this matter brought -back to the City Council for approval. Mayor Abramowitz announced that he would be calling a Joint Workshop between the City Council and the Charter Board regarding the recent litigation matter. He said he would like this Workshop to take place as soon as possible. Mayor Abramowitz said he was very proud with the outcome of "Leadership Broward Day" and he commended the City's staff for doing such a wonderful job. 5. City Manager Report City Mangy Kellycongratulated Judy Yacobellis, Occupational License Supervisor, for being reelected as the President of Broward County's Chapter of the Florida Association of Occupational License Officers. 26. MOTION TO APPROVE the City Manager preparing a letter to Carla Coleman, Representative of Florida Atlantic University in Tallahassee to review the City's Charter. SYNOPSIS OF ACTION:, APPROVED. Page 15 1/25/89 City Manager Kelly announced that he spoke with Carla Coleman, Representative of Florida Atlantic University in Tallahassee, regarding the City's Charter. He said Ms. Coleman said she would assist the City and the Charter Board in reviewing the Charter. He suggested that the City Council give their approval in a letter being prepared and sent to Ms. Coleman asking her to assist the City in reviewing the Charter. * C/M Bender MOVED to APPROVE the City Manager preparing a letter * to Carla Coleman regarding her assistance in reviewing the City's * Charter, SECONDED by C/M Hoffman. VOTE: ALL VOTED AYE City Manager Kelly said recently the position of Personnel Director has been advertised; however, he was proud to announce that he would be appointing Peter Mack as the Personnel Director. He said he received several recommendations from the Departments to hire Mr. Mack as the Personnel Director. He said Mr. Mack was serving the City as the Assistant Public Works Director. He said Mr. Mack is a retired Senior Military Officer, Major, in the Marine Corp. and holds Bachelor of Science Degrees in English and Psychology, Master of Arts Degree in Human Resource Management, is a Faculty Member at Barry University. He said Mr. Mack has done a great job as Acting Personnel Director and, at the January 27, 1989 Special City Council meeting, he would recommend City Council approval in appointing Mr. Mack as Personnel Director. He introduced Mr. Mack to the City Council. City Manager Kelly said the City was asked to Host a "Sawgrass Forum". He said the Forum would pertain to the existing toll rates on the Sawgrass Expressway and impact on the various Cities. He said the Forum would take Place on January 30, 1989 at 10:00 A.M. in the City Council Chambers. 6. City Attorney Report City Attorney Doody said at the City Council's request, he reviewed the existing Ordinance for the Public Information Board regarding the Associate members. He said the Ordinance referred to the Public Information Board as having 5 Regular members with 2 Alternate members. He asked if the City Council wanted the Ordinance Amended to 5 Regular members and 4 Alternate members. The City Council AGREED to this Amendment. 4. City Council Reports Mayor Abramowitz reported that there has been an Emergency Meeting called for the Northwest Council of Mayors regarding the Florida Power & Light matter. He said the Meeting would only consist of the Mayors; however, he would suggest at the meeting that C/M Bender be allowed to attend any future meetings because of his expertise on the matter. CONSIDERATIONS General Administrative 7. MOTION TO APPROVE the City Manager's appointment 1 1 1 Page 16 1/25/89 of Kelly Carpenter -Craft as Director of Community Development. SYNOPSIS OF ACTION: APPROVED. * C/M Bender MOVED to APPROVE this Appointment, SECONDED by * C/M Hoffman. City Manager Kelly said consistent with the City Charter, he formally appointed Kelly Carpenter -Craft as the Director of Community Development. -He said Mrs. Craft holds a Master in Science for Urban Planning, Bachelor of Arts, is experienced in research and planning, Planning Officer and Director, Chief Planner in Broward County and Director of the Plans Implementation Division from August, 1981, through August, 1984, and has worked as a Senior Planner for the Consulting Firm of CH2M Hill. He said Mrs. Craft has worked as a private consultant for a number of local Governments in Broward County. He introduced Mrs. Craft to the City Council. Mayor Abramowitz asked the City Manager to report on the outcome of the Growth Management/Comprehensive Land Use Plan. City Manager Kelly said there were two Cities who received affirmative communication regarding their Comprehensive Land Use Plan and Tamarac was one of those Cities. Mayor Abramowitz said that Mike Von Hofen, Assistant City Planner, should be commended for his fine work on the Comprehensive Land Use Plan. Joseph Schreiber, Resident of Clairmont/Kings Point, asked why the position had a salary of $48,000.00. He asked why this salary was being approved when the Budget indicated the salary to be $41,000.00. City Manager Kelly said there were sufficient monies in the Budget for the position. Mr. Schreiber suggested that the City stay within the Budgeted figure and City Manager Kelly said the City was getting someone with several years of experience and very qualified for the position. City Manager Kelly said there were several Cities looking for City Planner's and this salary was more than reasonable considering the competition. He said when the competitive price had to be paid and the City was getting a qualified person as Mrs. Craft, he was more than willing to pay for the expertise. Mr. Schreiber had concerns with the City looking elsewhere for the expertise when there were qualified employees presently in the City such as Mike Von Hofen. City Manager Kelly said he appreciated Mr. Schreiber's confidence; however, he was the maker of this decision and he chose Mrs. Craft for the position. Mayor Abramowitz said Mike Von Hofen was very qualified for the position; however, Mr. Von Hofen has not been located in this area very long. He said the cheapest commodity anyone could have was a quality staff and Page 17 1/25/89 assistance. He said there were approximately 100 applications and, out of the 10 chosen for interview, 7 withdrew when they knew that Mrs. Craft had applied for the position. TAPE 4 VOTE: ALL VOTED AYE Utilities/Engineering 8. MOTION TO APPROVE the purchase of a Toshiba "Page Laser 17 printer under State contract in lieu of bidding in the amount of $2,485.00. SYNOPSIS OF ACTION: APPROVED. Bob Foy, Director of Utilities/Engineering, said the existing equipment was 4 years old which was repaired 2 weeks ago and was not working at this time. He recommended approval of this Item because the equipment was desperately needed. Mayor Abramowitz asked how much this equipment would cost and Mr. Foy replied, $2,485.00. * C/M Rohr MOVED to APPROVE this Item, SECONDED by C/M Hoffman. V/M Stelzer asked why the request was only for $2,000.00 and Mr. Foy said there was money already in the account. VOTE: ALL VOTED AYE 9. MOTION TO APPROVE the transfer of approximately $75,000.00 from the Municipal Complex/City Hall Account to the Municipal Complex/Police Facility Account for furnishings, refurbishing of existing furniture and relocation of existing telephone system by ROLM to the new Police Facility. SYNOPSIS OF ACTION: APPROVED. * C/M Rohr MOVED to APPROVE this Item, SECONDED by C/M Bender. City Manager Kelly said there was approximately $243,000.00 remaining in the Municipal Complex/City Hall Account which was available for transfer to the Police Facility Account. He said approximately $46,000.00 would be used for furnishings; however, $9,000.00 was spent for refurbishing the existing furniture which saved the City approximately, $78,000.00 for new purchases. He said approximately $18,071.60 would be used to relocate the Rolm Telephone System from the old City Hall to the Police Facility. He said the total cost being requested was $75,000.00 and he recommended approval. Mayor Abramowitz said he was very pleased with the outcome of the refurbished furniture and the money saved in doing this. VOTE: RESOLUTIONS Community Development ALL VOTED AYE 10. MOTION TO ADOPT Temp. Reso. #5299 rescinding approval of a site plan for WELLENS FURNITURE COMPANY and refunding Page 18 1/25/89 trafficway improvement fees in the amount of $13,144.90. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-89-20 - PASSED City Attorney Doody read TeT mp. Reso. #5299 by title. * C/M Bender MOVED to APPROVE Te� mp. Reso. #5299, * SECONDED by C/M Rohr. Mike Von Hofen, Assistant City Planner, said the request was made by Irving Wellens, President of Wellens Furniture Company. He said the plan was not to erect the proposed addition to the existing store; therefore, they requested a refund of the impact fees. He recommended approval of this Item. VOTE: ALL VOTED AYE 11. MOTION TO ADOPT TeTemp. Reso. #5300 authorizing the approprrate C ty officxa-` 1 to execute an agreement with Banyan Lakes Homeowners Association, Inc., relating to the enforcement of traffic control by the City within the BANYAN LAKES development. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-89-21 - PASSED City Attorney Doody read Temp. Reso. #5300 by title. * C/M Rohr MOVED to APPROVE Temp. Reso. #5300, * SECONDED by C/M Bender. Mr. Von Hofen said the Resolution was for an area annexed into the City in June, 1988. He said the Police Department reviewed the Agreement and approved it and staff recommended approval. City Attorney Doody said the Agreement was for traffic control within the Banyan Lakes area. He said the City would enforce the speed limit and traffic signs would be erected by the Department of Transportation. Mayor Abramowitz asked if Kaye Young, President of the Banyan Lakes Homeowners Association, Inc., was informed of the City's position and Mr. Von Hofen replied, yes, and Mrs. Young expressed her concerns about the illegal parking in the area. V/M Stelzer had concerns with the Resolution pertaining to illegally parked cars on the swales. City Attorney Doody said the Resolution adopted the Agreement and, if Banyan Lakes wanted other matters addressed, further actions would have to be taken such as studies of the area. V/M Stelzer asked if the condominiums could place signs in the area indicating that parking was not allowed on the swales. Irving Katz, Resident of Lakes of Carriage Hills, said there were people parking in the handicapped spaces in his area. He said these problems could be eliminated providing the Condominium Association allowed the Police to patrol the parking areas. Page 19 1/25/89 C/M Rohr said he lived in the same area as Mr. Katz and the Police were writing citations for cars illegally parked in a handicapped space. VOTE: ALL VOTED AYE 12. a. MOTION TO ADOPT Temp. Reso. #5301 amending the conditions user which a spec a -exception to permit the operation of a dry cleaning business at 5308 NW 22 Avenue was granted by the City Council on 1/11/89 to GOLD COAST FORMALWEAR (Petition #29-Z--88) b. MOTION TO ADOPT Temp. Reso. #5295 approving a revised site plan for GOLD COAST FORMALWEAR reflecting addition of a dry cleaning facility at 5308 NW 22 Avenue. SYNOPSIS OF ACTION: TABLED a. and b. RECONSIDERED Resolution R-89-15 and then TABLED. City Attorney Doody read Temp. Reso. #5301 by title. * a) C/M Rohr MOVED to APPROVE Temp. Reso. #5301, * SECONDED by C/M Bender. Mr. Von Hofen said this Item was before the City Council at the January 11, 1989 City Council meeting. He said the Petitioner indicated that he would only be doing dry cleaning for Gold Coast Formalwear; however, the Petitioner was not aware of the condition given by the City Council. Charles Walters, Representative of Gold Coast Formalwear, said he misunderstood the City Council's conditions at the January 11, 1989 City Council meeting. He said the business handled tuxedo formalwear as their primary business and there were drop stores for dry cleaning. He said this was done on a wholesale basis; however, there would be dry cleaning other than tuxedos done on the premises. Mike Garlick, Attorney for Gold Coast Formalwear, said the business was a wholesale dry cleaning operation. He said cleaning was done of their own inventory and for others such as a drop dry cleaning location; however, there would be no third party coming onto or leaving the premises other than Gold Coast Formalwear. Mayor Abramowitz asked if this business was located in a wellfield area and Mr. Von Hofen replied, yes. Mr. Von Hofen said Broward County's Wellfield Protection Ordinance and the City's Ordinance would have to be complied with. Mayor Abramowitz asked what zone the business was located in and Mr. Von Hofen said the business was located in an Industrial Zone. C/M Rohr said wholesale cleaning was a different operation than what was originally approved by the City Council. Bernard Newman, Resident, said the concern should be of the environmental impact as opposed to the business being a wholesale or retail business. He suggested the City Council deny this request. Page 20 1/25/89 Mr. Garlick said the Planning Department and Planning Commission were informed of the request before it came to the City Council. He said there was an existing wholesale dry cleaning in Tamarac Industrial Park. He said the majority of the cleaning would be Gold Coast Formalwear tuxedos and related items; however, the company did business with drop stores for regular cleaning. He said he did not want to mislead the City Council about the use on the property. C/M Rohr asked if the facility was completely and environmentally safe for this type of operation. Mayor Abramowitz said he was very concerned with the problems in the past regarding the pollution of the water. He said the City has always had resistance from residential areas regarding dry cleaning facilities. He said he was very concerned with the environment and this was his number one priority. Mr. Garlick said he met with the Planning Commission regarding the environmental issues which have been met as specified under the City and Broward County Codes. He said there was no question regarding the environmental impact. He said during the Public Hearings at the Planning Commission and City Council Meetings, there was no public objection of this Item. He said once the final building plans were completed, the City would have final inspection to see that the Codes have been complied with. City Attorney Doody asked what zone the facility was in and Mr. Von Hofen replied, Zone 3. Mayor Abramowitz asked if the Resolution would be null an void if Broward County denied the request and City Attorney Doody replied, yes. Mr. Walters said Broward County did not object to this matter providing the City Council approved the request and the Codes were followed. Mayor Abramowitz asked if this operation was new on the facility and Mr. Walters said the company had an existing dry cleaning facility in the City of Pompano; however, the company wanted to bring the business back under one roof. Mayor Abramowitz asked if the store in Pompano could be used and Mr. Walters said there was not enough space. Mayor Abramowitz asked if the dry cleaning would be for other items besides formalwear and Mr. Walter replied, yes. Mayor Abramowitz said he could not approve this operation because the business could expand. City Attorney Doody suggested that the Item be Tabled so the that the City Council could be fully informed in case was in the Courts. He said a study could matter pursued be done determining the exact use and the effect on the property. Mr. Garlick -said the formalwear business has been in Tamarac for 5 years. He said the dry cleaning facility related to a specific bay that is to be converted to a dry cleaning plant. He said the use would not be mixed Page 21 1/25/89 * * but it would be a complementary use. Mayor Abramowitz asked if the Petitioner could inform the City Council how much use would be done in the plant within 6 months. He said he was very concerned with this matter. C/M Rohr said he would like to get Broward County's approval before the City approved the request. Mayor Abramowitz said he would like to see this Item Tabled until the Community Development Department met with the Petitioner and reported to the City Council with further information. C/M Bender MOVED to TABLE Temp. Reso. #5301, SECONDED by C/M Rohr. VOTE: ALL VOTED AYE C/M Rohr asked if the City could receive Broward County's approval before taking action on the matter and Mr. Von Hofen said this was not a practice of Broward County; therefore, he did not feel that this could be done. City Attorney Doody suggested that the Community Development Department contact Broward County regarding this matter to see if they had any objections. Mr. Garlick said the previous Resolution approved by the City Council was to permit a dry cleaners at the location with a stipulation that Gold Coast Formalwear would only be cleaning their own items. He said the issue was not in having the dry cleaners in the location but the nature of the language noted in the stipulation. He said he would be happy to work with the City as in the past. City Attorney Doody suggested that the City Council make a Motion to Reconsider Resolution R-89-15 and then Table it so that it could be brought back to the City Council at a later date. He said he wanted this matter clarified to avoid problems in the future if there was controversy. Mr. Garlick said his client was not creating an adversary situation. He said his client has been working with the City in this regard. City Attorney Doody said he understood Mr. Garlick and he was not trying to make this matter an adversary proceeding. He said he wanted to protect the City Council from having to second guess the matter. He said this was the time to address the Resolution because it could not be done in the future as specified under Roberts Rules of Order. C/M Rohr MOVED to RECONSIDER Resolution R-89-15, SECONDED by C/M Hoffman. Mr. Garlick said to preserve his clients rights, he objected to this procedure being done. VOTE: ALL VOTED AYE * C/M Rohr MOVED to TABLE Resolution R-89-15, SECONDED by * C/M Hoffman. VOTE: Page 22 ALL VOTED AYE 1 I 1 1/25/89 1 Mr. Garlick asked if City Attorney Doody would be contacting Broward County and City Attorney Doody said Community Development would be contacting Broward County regarding their opinion of the matter. Mayor Abramowitz said he has seen no limit or bounds on the amount of work that would be done at the facility and he would like a report on how much work would be done at the facility. TAPE 5 Mr. Garlick asked what procedures the City Council wanted his client to follow and City Attorney Doody suggested that the Petitioner work with the Planning Department. City Attorney Doody said the City Council was concerned with the environmental impact on the property; therefore, a presentation should be made on these concerns. City Attorney Doody read Te! mp. Reso. #5295 by title. * C/M Bender MOVED to TABLE Temp. Reso. #5295, * SECONDED by C/M Rohr. VOTE: ALL VOTED AYE Public Works Department 13. MOTION TO ADOPT Temp. Reso. #5291 awarding Bid #88-46 in the amount of $4,250.00 to Atlas Roofing Company, Inc., for roof replacement on three C-14 canal pump stations (tabled on 1/11/89). SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-89-22 - PASSED City Manager Kelly read Temp. Reso. #5291 by title. At this time, Mayor Abramowitz relinquished the gavel to V/M Stelzer. ,Ake Couzzo, Director of Public Works, said the City Council requested more information on this Item at the jaav �.ry 11, 1989 City Council meeting. He said the ini^ar:ation requested pertained to the type of roofing �nd.the warranty on the roof. He said an aluminum roof wovla-cost approximately three times more than the promised fiberglass shingled roof. He said there would be a 5 year warranty on workmanship and a 20 year warranty on the materials. He recommended approval on this Item. * C/M Bender MOVED to APPROVE Temp. Reso. #5291, * SECONDED by C/M Rohr. VOTE: Mayor Abramowitz - Absent V/M Stelzer _ Aye C/M Bender - Aye C/M Hoffman - Aye C/M Rohr - Aye At this time, V/M Stelzer gave the gavel back to Mayor Abramowitz. Page 23 1/25/89 Utilities/Engineering 14. a. MOTION TO APPROVE a Water and Sewer Developers Agreement oar the WOODLAND COVE development. b. MOTION TO ADOPT Temp. Reso. #5302 accepting a Blanket Public Safety Ingress Egress Easement for the WOODLAND COVE development. SYNOPSIS OF ACTION: APPROVED a. and b. RESOLUTION NO. R-89-23 - PASSED a) Bob Foy, Director of Utilities/Engineering, said this Item was for the Water and Sewer Developers Agreement for Woodland Cove, which was an annexed area. He said the developer would not be required to pay the CIAC Fees at one time; however, the Fees would be paid one by one. He recommended approval of the Water and Sewer Developers Agreement and the Blanket Public Safety Ingress/Egress Easements. * C/M Rohr MOVED to APPROVE Item 14, a., SECONDED by C/M Bender. VOTE: ALL VOTED AYE City Attorney Doody read Temp. Reso. #5302 by title. * b) C/M Bender MOVED to APPROVE Tem2 Reso. #5302, * SECONDED by C/M Hoffman. VOTE: , ALL VOTED AYE With no further business, Mayor Abramowitz ADJOURNED the meeting at 12:05 P.M. qert� -RORrN ABRAMOWITZ, MAYOR CAROL AEVANS, CITY CLERK "This public document was promulgated at a cost of $215.M oa. $26.88 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 AP PR ED AT MEETING OF City Clerk Page 24 1 1 1