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HomeMy WebLinkAbout1987-01-27 - City Commission Regular Meeting Minutes1 04 r lip , 4OR10 o Box 1AMARAC FLORIDA 3337C REPORTS OF COUNCIL ACTION D DISCUSSIONS CITY OF TAMARAC CITY COUNCIL REGULAR COUNCIL MEETING -E-SDAY,, ANUARY 27, 1987 CALL TO ORDER: 9:00 A.M. ANNOUNCEMENT F 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 the following Students of Tamarac Elementary School: a) Mayan Qf the Villaaae of Tamarac -- Chris Gonzalez b) Rgst Mistress - Laura Haushnecht c) Bank President - Michael Archambault d) Cgngl:a Manager of^the Country Store - Harold Opalka e) Vi.11Age Spokesperson - Cori Janko FINAL ACTIO PRESENTATION was made with the addition of Louis Bartalmea, Vice Mayor, Sunshine Trueman, Store Operator d Natia Sanfprd,W AM el v' n CONaENT AgENDA2 through 21 Items listed under Consent Agenda, 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. Build'n C un' D to nt 2. MQTION TO AD PT T_Qmp. Reso. #4452 releasing a cash bond posted for beautification in the amount of $1,500.00 by THE LANDINGS ON CYPRESS GREENS, Building 1. (tabled on 1/14/87). FINAL ACTION: RESOLUTION NO. R-87-14 - PASSED APPROVED Pa e 1 l/g7/87 C' t�v- Attorney 3. MOTION TO REDUCE fine from $4,288.00 to $3,368.00 in the matter of CITY OF TAMARAC vs. BOB TOOKE, President of TNT, INC., d/b/a OASIS LOUNGE AND PACKAGE STORE, Case No. 86-755 MO 30, 86-756 M0 30, 86-1091 MO 30, 86-1092 MO 30. FINAL ACTION• APPROVED. City Clerk 4. MOTION TO APPROVE renewal of model sales permit for BAYSIDE AT ISLES OF TAMARAC and waiver of the 150- foot distance requirement for issuance of certificates of occupancy for a six month period from 1/22/87 to 7/22/87 (located at 10212 NW 71 Place, Lot 12 of Block 376) (tabled on 1/14/87). FINAL ACTION: APPROVED 5. MOTION TO APPROVE renewal of a model sales permit for SPRING LAKE VILLAS (NORTHWOOD II) and waiver of the 300--foot distance requirement for issuance of certificates of occupancy for a six month period from 1/14/87 to 7/14/87 (tabled on 1/14/87). FINAL ACTION• APPROVED. 6. MOTION TO ADOPT Temp. Reso. #4469 approving renewal of a sign waiver requested by Coldwell Banker for the COLONY SPRINGS PROFESSIONAL BUILDING for a temporary ground sign at 8333 West McNab Road. FINAL ACTION: RESOLUTION NO. R-87-15 - PASSED APPROVED. 7. MOTION TO APPROVE renewal of a model sales permit for LAKE COLONY (BROOKWOOD GARDENS) in Units 30, 31 and 32 and waiver of the 300-foot distance require ment for issuance of certificates of occupancy for a six month period form 2/27/87 to 8/27/87. FINAL ACTION: REMOVED for separate discussion and then TABLED. 8. MOTION TO APPROVE the minutes of the 12/23/86 Regular City Council meeting. FINAL ACTION: APPROVED. 9. MOTION TO APPROVE renewal of a commercial trailer requested by CALIFORNIA FEDERAL SAVINGS & LOAN, 6180 Rock Island Road, for a six month period from 3/26/87 to 9/26/87. FINAL ACTION: APPROVED. . 10. MOTION TO ADOPT Temp. Reso. #4470 renewing three sign waivers for KINGS POINT pertaining to number, size and location of community directional signs. FINAL ACTION: RESOLUTION NO. R-87-16 - PASSED APPROVED. 11 1/g7/87 Fin4nce._Dppprtmpnt 11. MOTION TO _APPROVE final payment to TOUCHE ROSS in the amount of $3,000.00, Invoice #2743, in connection with Fiscal Year 1985/86 audit. FINAL ACTT APPROVED. . 12. MOTION TO APPROVE the Finance Director attending the Governmental Finance Officers Conference (GFOA) in Washington, D.C., in June, 1987. FINAL ACTION: APPROVED. . 13. MOTION TO APPROVE refund of Interim Service Fees to the following: Milton and Charlotte Hantverk $340.00 Rosa Rudnet 605.00 Bertram and Diana Vigder 440.00 FINAL ACTION: APPROVED. General Administrative 14. NOTION TOAPPROVE a Cookie Sale by the Broward County Girl Scout Council 1/30/87 to 2/12/87 and waiver of Chapter 22 of the Code governing "Solicitors and Canvassing". FINAL ACTION: APPROVED. Utilities/Engineering 15. MOTION TO PPROVE the First Amendment to the Water and Sewer Developers Agreement for WOODMONT TRACT 50 (tabled on 1/14/87). FINAL -ACTION: APPROVED. 16. MOTION TO ADOPT Temp. Reso. #4485 calling performance Letter of Credit No. 477 in the amount of $83,067.50 posted for public improvements at WOODMONT TRACT 72-C if a warranty bond in the amount of $21,298.00 has not been provided on or before January 29, 1987. FINAL ACTION: RESOLUTION NO. R-87-39 - PASSED REMOVED for separate discussion and then APPROVED providing the Resolution be changed to read January 29, 1 7 instead of_"nuary 26 1987. 17. a) MOTIQN TO -ADOPT Temp._ ggso_i_#4471 releasing performance Letter of Credit 030 in the amount of $57,392.50 posted for the water distribution system at CALICO COUNTRY (WOODVIEW TRACT 38) subject to receipt of a one --year warranty bond. b) MOTION _TQ _ADOPT TeMp. Rgso_ #4472 accepting the bill of sale for the water distribution system improvements at CALICO COUNTRY (WOODVIEW TRACT 38) . FINAL ACTION: RESOLUTION NO. R--87-37 - PASSED RESOLUTION NO. R-87-38 - PASSED APPROVED a) & b )i.__ 18. MOTION TO APPROVE Change Order #1 to the contract with Ric -Man International, Inc., which involves relocation of the force main along Nob Hill Road required to secure Broward County Engineering Division permit to construct this line for Project 84-6. FINALACTIO APPROVED, 19. MOTION TO ADOPT_ T@MD,_Reso.,_ #4473 awarding a bid to The Standard Register Company in the amount of $4,135.58 for a burster/decollator for Utilities West. FINAL _ACTION: RESOLUTION NO. R-87-17 - PASSED PPR VED. 20. MOTION TO ADOPT Temp. Reso._#4474 awarding a bid to Lou Bachrodt Chevrolet, Inc., in the amount of $12,350.00, for one economy utility vehicle 4 X 4. FINAL ACTION: RESOLUTION NO. R-87-18 - PASSED REMOVED for separate discussion and then APPROVED and DIRECTED the City Manager to instruct the Finance Department to use a stamp with information reg4rding the funds and account numbers. 21. MOTION TO ADOPT Temp, Reso._#4475 awarding a bid to Lou Bachrodt Chevrolet, Inc., for two (2) 1/2 ton pick-up trucks at $10,120.00 each for a total of $20,240.00. FINAL_ACTION: RESOLUTION NO. R-87-19 - PASSED REMOVED f9_r__@ep_AxAte discuss' n and then APP ED CQM IDERAT IONS Building/Community Development 22. PRESENTATION by petitioner of a concept site plan for 4100 WEST COMMERCIAL BOULEVARD BUILDING. FINAL ACTION: WITHDRAWN by the regugst_-ofe Petitioner. General Administrative 23. MOTION TO AUTHORIZE the City Manager to notify NCNB National Bank of the intention to competitively bid for depository services (tabled on 1/14/87). FINAL ACTION: TABLED until, the 2/11/87 City Council meeting. 24. MOTION TO APPROVE a Mandatory Orientation Program for Council appointees and to authorize immediate implementation. FINAL ACTION• APPROVED. 25. MOTION TO APPROVE a budget transfer from the City Clerk's Department to the Building Department in the amount of $34,613.00 to fund transferred employees. FINAL ACTION• APPROVED. _ 1 1 Personnel Department 26. (a) MQTION,TO PPPPRnVE waiver of the bidding procedures for the procurement of long-term disability insurance. (b) MOTION TO ACCEPT North American Life as the carrier for long term disability insurance at a cost of $4,095.59 per month premium ($490147.08 annually). FINAL ACTION: TABLEDfor-further invest' at' n by the City..Attgrney, Util it ie&LEngjn@er'n 27. MOTION TO APPROVE appointment of a negotiating committee, consisting of the following City personnel, to meet with Infilco Degremont, Inc., and our consulting engineer, Hazen & Sawyer, to negotiate a firm price for the manufacturing and delivery of proposed sole source equipment which will be compatible with our existing treatment plant units: City Manger, John P. Kelly Purchasing Officer, John Cezard C/M Stein, Utilities Liaison William Greenwood, Director of Utilities/Engineering Peter Procopio, Deputy Utilities Engineer FINAL ACTION• APPROVED. RESOLUTIONS PUBLIC HEARINGS-- 10_ 00 A.M. 28. M TI T AD T e R so. 4463 relating to a request by MIDWAY INVESTMENTS, LTD., for a limited parking waiver to allow an additional 112 ninety (90) degree right angle parking spaces near the proposed Building "A" restaurant and Building "B" retail at MIDWAY PLAZA, which lands are zoned B-2 (Planned Business). Petition #28 Z-86. FINAL ACTION: RESOLUTION NO. R-87-20 - PASSED APPROVED,Public Hearing Held. 29. MOTION 10 AD PT eso #4464 relating to a request by MIDWAY INVESTMENTS, LTD., for a special exception to allow the proposed restaurant, Baystreet, on Building "A" outlot at MIDWAY PLAZA, which is zoned B-2 (Planned Business). Petition #29-Z-86. FI CTT N: RESOLUTION NO. R-87-21 - PASSED PR VED. Public Hg.4ringHeld. 30. MOTION TO ADOPT T eso 44465 relating to a request by MIDWAY INVESTMENTS, LTD., for a special exception to allow on -premises consumption of alcoholic beverages at the proposed Baystreet Restaurant on Building "A" outlot at MIDWAY PLAZA, which is zoned B-2 (Planned Business). Petition #30-Z-86. FINAL ACTION: RESOLUTION NO. R-87--22 - PASSED APPROVED. Public 11.earing Held 31. MOTION TO ADOPT Temp „_.Reso.,_#4466 relating to a request by MIDWAY INVESTMENTS, LTD., for a special exception to allow the proposed Midway Deli & Restaurant in Bay 1 of Building "D" at MIDWAY PLAZA, which is zoned B-2 (Planned Business). Petition #31-Z--86. FINAL ACTION: RESOLUTION NO. R-87-23 - PASSED APPROVED. Public g"r ng HpId. 32. MOTION TO_ADOPT Tgmnp__„_Rpso._#4467 relating to a request by MIDWAY INVESTMENTS, LTD., for a special exception to allow on -premises consumption of alcoholic beverages at the proposed Midway Deli & Restaurant in Bay 1 of Building "D" at MIDWAY PLAZA, which is zoned B-2 (Planned Business). Petition #32-Z-86. FINAL ACTION: RESOLUTION NO. R-87-24 - PASSED PPR VED. Public aaxina Held.—_- Building/community Development 33. MOTION TO ADOPT, Temp,._Resg. #4476 approving a revised site plan for MIDWAY PLAZA reflecting revised parking data and revisions to buildings on outlots. FINAL A IO : RESOLUTION NO. R-87-25 - PASSED APPROVED. 34. MOTION TO ADOPT, Temp. eso. #4477 approving a revised site plan and agreement for LINDSLEY LUMBER reflecting a fenced -in area with vinyl screen slats, shade cloth and open steel canopy. FINAL ACTZQN: RESOLUTION NO. R-87-26 - PASSED APPROVED. 35. MOTION TO ADOPT Temp. Reso. #4478 approving a revised site plan for TAMARAC LAKES NORTH reflecting a fence along NW 53 Street. FINAL ACTION: RESOLUTION NO. R-87-27 - PASSED APPROVED. 36. MOTION -TO ADOPT Temp_. Reso, #4479 approving a site plan and related documents for 84th TERRACE SHOPPES (located at the northwest corner of Commercial Boulevard and NW 84 Terrace). FINALCTION: RESOLUTION NO. R-87-28 - PASSED APPROVED. 37. THE LANDINGS OIL CYPRESS GREENS a) MOTION„ TO ADOPT Temps,,_Reso,#4480 approving a plat. b) M TION TO ADOPT m eso. #4481 approving a site plan and related documents. c) MOTION TO APPROVE a model sales facility and waiver of the 300-foot distance requirement for issuance of certificates of occupancy. (located on the east side of NW 94 Avenue and NW 61 Street). FINAL ACTION RESOLUTION NO. R-87--29 - PASSED RESOLUTION NO. R-87-30 - PASSFn APPROVED b & c . 1 E 1 38. MOTION TO ADO —PT -Temp. Res #4482 approving a site plan and related documents for LAKES OF CARRIAGE HILLS SHOPPING CENTER. (to be located at the southeast corner of Rock Island Road and Bailey Road) . FINAL ACTION: RESOLUTION NO. R-87-31 - PASSED APPROVED providing that the City is named as one of the insured on the insurance policy which will be given to Florida Power & Light concerning parking under power lines. A building permit will not be given to the D o r unt' t c on j&_pgMPlpted. 39. MOTIONTO-ADOPT T so. #4483 approving a revised site plan and a Water & Sewer Developer's Agreement for the WOODMONT COUNTRY CLUB reflecting one comfort station on the north course and one on the south course. FINAL ACTION: RESOLUTION NO. R-87-32 - PASSED APPROVED. 40. MOTION TO ADOPT Temp.Reso. #4446 approving a site plan and related documents for BUDGETEL (located on the south side of Commercial Boulevard east of NW 38 Terrace) (tabled on 12/23/86). FINAL ACTION: RESOLUTION NO. R-87-33 - PASSED APPROVED 41. MOTION TO ADOPT TeMp. Reso. #4486 accepting a grant in the amount of $28,163.00 for services under the Growth Management Account. FINAL ACTION: RESOLUTION NO. R-87-34 - PASSED APPR VED General_Administratiye 42. MOTION TO ADQPT Tem so. #4468 authorizing execution of an exclusive towing agreement with American Towing, Inc. FI L CTION: RESOLUTION NO. R-87-35 - PASSED APPROVED with the Amendment, Section 11 reading "This is an exclusive contract and the term "contract" that as used herein shall not in any form or manner be interpreted as granting anything but an exclusive contract for towing serv'c s requir.0 by t it of T c." Public Works -Department 43. M TION TO ADOPT Te eso. #4484 awarding a bid for Tract 27, Sports Field Lighting. FINAL ACTION: RESOLUTION NO. R-87-36 - PASSED APPROVED awarding bid to Wilson -O'Brien Electric Inc. in the amour of 99 775.00. ORDINANCES Buildin Com unit De to ment 44. MOTION TO ADOPT Temp. Ord. #1303 on second reading relating to a request by CRAVEN THOMPSON & ASSOCIATES, INC., Petition #26-Z-86, to rezone lands on the west side of NW 88 Avenue, south of Tamarac City Hall, from R-2 (Duplex) to B-2 (Planned Business) utilizing the 5% flexibility rule for commercial development in residential land use area not to exceed 10 acres (Public Hearing held 1/14/87). FINAL ACTION: TABLED until e 2 ll 87 City Council meeti City Attornev 45. MOTION TO ADOPT Temp. Ord,_ #1307 on first reading creating Subsection 9-5 of the Code to provide that whenever a check draft or other instrument for payment of money is returned as a dishonored item by a bank or lending institution, the City shall not accept payment without first receiving interest and appropriate fees. FINAL ACTION• APPROVED on first reading. 46. OPEN PUBLIC FORUM wishes to address in advance of the to the City Clerk. - Any member of the public who the City Council at this time must, item, give his/her name and address K-ike--.M9sk-Qw1tz, Attorney representing Towing and Recovery Association of America, Inc. and Sunny Towing, informed Council that his firm will be representing Sunny's Towing in Court against the City of Tamarac. He also said the awarded bidder, American Towing, had the storage license taken away by the City of Fort Lauderdale. John Mincineli., President of American Towing, said he had his lawyer working on the storage permit for towed vehicles taken away by the City of Fort Lauderdale. REPORTS 47. City Council 48. City Manager 49. City Attorney 50. MOTION TO APPROVED Temp. Reso.14487 urging the placement of a middle school within the corporate limits of the City of Tamarac and providing for the City Clerk to send a copy of the Resolution to all appropriate officials. FINAL ANION: RESOLUTION NO. R-87-40 - PASSED A ENDIZED by Co s nt nd t o APPROVED. L 1 Ll 1 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - The City Council may consider and act upon such other business as may come before it. 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. gA"6_Z_ 0'�- Carol E. Barbuto City Clerk Following are the residential and commercial zoning districts in the City: A-1 - Limited Agricultural A-5 - Agricultural/Excavation B-1 - Neighborhood Business B-2 - Planned Community Business B-3 - General Business B-5 - Limited Business District B-6 - Business District I-1 - Institutional M-1 - Light Industrial M-2 - Medium Industrial R-1 - Single Family Residence R-lB & R-1C - One Family Dwelling R-2 - 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 9 1/27/87 CITY OF TAMARAC REGULAR CITY COUNCIL MEETING Tape 1 TUESDAY, JANUARY 27, 1987 CALL TO ORDER: Mayor Hart called this Regular City Council Meeting to order at 9:05 A.M. in the Council Chambers at City Hall. ROLL CALL: Mayor Bernard Hart Vice Mayor Jack Stelzer Councilman Arthur H. Gottesman Councilwoman Helen Massaro Councilman Sydney M. Stein ALSO PRESENT: John P. Kelly, City Manager A. Bryant Applegate, City Attorney Carol E. Barbuto, City Clerk Pauline Walaszek, Secretary MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Hart called for the Pledge of Allegiance followed by a Moment of Silent Meditation. Building Community_ Development 22. PRESENTATION by petitioner of a concept site plan for 4100 WEST COMMERCIAL BOULEVARD BUILDING. SYNOPSIS OF ACTION: WITHDRAWN at the request of the Petitioner. V/M Stelzer MOVED to REMOVE this item at the request of the Petitioner, SECONDED by C/W Massaro. VOTE: ALL ,VOTED AYE General Administrative 23. MOTION TQ AUTHORIZE the City Manager to notify NCNB National Bank of the intention to competitively bid for depository services (tabled on 1/14/87). SYNOPSIS OF ACTION: TABLED �until �the 2/11/87 City Council meeting. * V/M Stelzer MOVED to TABLE this item until the 2/11/87 City * Council meeting, SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE Buildinq/Community Development 44. MOTION TO ADOPT Temp._..Ord.#1303 on second reading relating to a request by CRAVEN THOMPSON & ASSOCIATES, INC., Petition #26-- Z--86, to rezone lands on the west side of NW 88 Avenue, south of Tamarac City Hall, from R--2 (Duplex) to B--2 (Planned Business) utilizing the 5% flexibility rule for commercial development in residential land use area not to exceed 10 acres (Public Hearing held 1/14/87). SYNOP_S_IS OF ACTION: TABLED until the 2/11/87 City Council meeting. * V/M Stelzer MOVED to TABLE this item until the 2/11/87 City * Council meeting, SECONDED by C/M Stein. VOTE: ALL VOTED AYE 1127/pw �. CONSENT AGENDA 16. MOTION TO ADOPT Tem eso. #4485 calling performance Letter of Credit No. 477 in the amount of $83,067.50 posted for public improvements at WOODMONT TRACT 72-C if a warranty bond in the amount of $21,298.00 has not been provided on or before January 26, 1987. SYNOPSIS OF ACTION: REMOVED for separate discussion. (See Page 6) V/M Stelzer REMOVED this item for separate discussion. AGENDIZED BY CONSENT 50. MOTIQN TO APPROVED TgMP. Reso.14487 urging the placement of a middle school within the corporate limits of the City of Tamarac and providing for the City Clerk to send a copy of the Resolution to all appropriate officials. SYNOPSIS OF_ACTION: AGFNDIZED by Consent. (See Page 4) yQTE: CONSENT AGENDA V/M Stelzer MOVED to AGENDIZE this item by Consent, SECONDED by C/M Gottesman. ALL VOTED AYE 7. MOTION TO APPROVE renewal of a model sales permit for LAKE COLONY (BROOKWOOD GARDENS) in Units 30, 31 and 32 and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for a six month period form 2/27/87 to 8/27/87. SYNOPSIS OF ACTION: REMOVED for separate discussion. (See Page 5) V/M Stelzer REMOVED this item for separate discussion. 20. MOTION TO ADOPT Temp. Reso. #4474 awarding a bid to Lou Bachrodt Chevrolet, Inc., in the amount of $12,350.00, for one economy utility vehicle 4 X 4. 21. MOTION TO ADOPT Temp. Res . #4475 awarding a bid to Lou Bachrodt Chevrolet, Inc., for two (2) 1/2 ton pick-up trucks at $10,120.00 each for a total of $20,240.00. SYNOPSIS OF _ACTION: - REMOVED for separate discussion. (See Pages 6, 7 and 8) C/M Gottesman REMOVED these items for separate discussion. 1/27/87 2 /pw 1'j INTRODUCTIO 1. PRESENTATION by the following Students of Tamarac Elementary School: a) Mayor of the Village of TamaL_ac - Chris Gonzalez b) Post M'str ss - Laura Haushnecht c) Dank__Rresident - Michael Archambault d) Gpnegal Manager of the Country tore - Harold Opalka e) yillaae Spokesperson - Cori Janko YN P I OF ACTION: PRESENTATION was made with the addition of Louis Bartalmea, Vice Mayor, Sunshine Trueman, Store Operator and Natia Sanford, WTAM television. Ran Cati, Principal of Tamarac Elementary School, said there was a Village in the School which consisted of a Village Council, a Country Store, a Village Post Office, a tele- vision station, a Village Bank and a Village Bike shop. She then introduced Cori Janko, the Village Spokesperson. Cori said the School Council had meetings to discuss the operation of the School Village. She said the Council solves problems as the City Council would. Chris Gonzalez, Mayor of the Village of Tamarac, said as the Mayor of the Village, he sees that all rules and regulations for the Village are followed. He said the Village Council assists the teachers in organizing school projects. Louis Bartalomea, Vice Mayor of the Village of Tamarac, said there was a game show called Junior Jeopardy that is played every Friday at the Village on WTAM. He said the winner receives a Junior Jeopardy trophy each week. Harold Opalka, General Manager of the Country Store, said there was a heart card that the Village had and the card was produced on an assembly line. He said the card could be sent to anyone at the school and it would cost $.25 per card. Sunshine Trueman, Store Spokesperson, said there was a Manager, Assistant Manager and an employee at the store. She said the Manager and the Assistant Manager were always in the store and the Store opened at 8:40 A.M. and closed at 9:00 or 10:00 A.M. She said the store was open every morning Monday through Friday and on Monday afternoon from 2:45 P.M. to 3:15 P.M. She said the Manager and Assistant Manager count the money the store made that day and the items sold in the store consisted of pencil sharpeners, folders, rulers, crayons, etc. She said the school store gave the students the opportunity to learn how to work at a real job. Laura Haushnecht, Post Mistress, said the Post Office consisted of many jobs. She said at 8:45 P.M. the Post Office opens, and the addresses are checked on each envelope. She said if a mistake had been made on the address, the mistake is circle and returned to the sender. She said at 9:20 A.M., the sorters arrive to sort the mail and at 9:30 A.M., the carriers arrive to deliver the mail. She said at 9:45 A.M., the collectors, collect the mail from each classroom mailbox. She said to be an employee of the Post Office, a job application would have to be filled out and a Civil Service test would need to be passed. 1/27/87 3 /pw Natia Sanford, WTAM Television, said at the Village there was a T.V. station called WTAM which consisted of Camera terms such as Pan, which means to move the camera up, down or across, slowly. She said there was a dolly to move the Tripod of the Camera, to zoom in and zoom out. She said WTAM aired at 9:00 A.M. on Channel 3. Mayor Hart thanked the students for there presentation and said the City Council enjoyed learning from the up and coming Council members. AGE PIZED BY,CONSENT 50. MOTI N TO APP 0 ED Tem so #4487 urging the placement of a middle school within the corporate limits of the City of Tamarac and providing for the City Clerk to send a copy of the Resolution to all appropriate officials. SYNOPSIS OF ACTION: RESOLUTION NO. R--87-40 - PASSED AGENDIZED by Consent and then APPROVED. (See Page 2) City Attorney Applegate read Temp. Reso. 4AAR7 by title. C/M Gottesman MOVED to APPROVE T_emp�_Resos._#4487 SECONDED by C/W Massaro. ' �T ALL_ VOTED AYE : CON ENT A ENDA - Items,2 trough 21 Buildin Communit Develo meat 2. MOTION T AD PT e R so #4452 releasing a cash bond posted for beautification in the amount of $1,500.00 by THE LANDINGS ON CYPRESS GREENS, Building 1. (tabled on 1/14/87). Y OP I F ACTION: RESOLUTION NO. R-87--14 - PASSED APPROVED. City Attornev 3. TIO T ED CE fine from $4,288.00 to $3,368.00 in the matter of CITY OF TAMARAC vs. BOB TOOKE, President of TNT, INC., d/b/a OASIS LOUNGE AND PACKAGE STORE, Case No. 86-755 MO 30, 86-756 MO 30, 86-1091 MO 30, 86-1092 MO 30. SYNOPSIS OF ACTION: APPROVED. Cit Clerk 4. MOTION TO APPROVE renewal of model sales permit for BAYSIDE AT ISLES OF TAMARAC and waiver of the 150-foot distance requirement for issuance of certificates of occupancy for a six month period from 1/22/87 to 7/22/87 (located at 10212 NW 71 Place, Lot 12 of Block 376) (tabled on 1/14/87). §"YNOP�1,9 OF ACTION: APPROVED. 5. MOTION 0 AppgOVE renewal of a model sales permit for SPRING LAKE VILLAS (NORTHWOOD II) and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for a six month period from 1/14/87 to 7/14/87 (tabled on 1/14/87). SYNOPSIS _Ok' ACTIO_N: APPROVED. 1/27/87 4 /pw 6. MOTION TQ ADOPT Temp. Re.so _#4469 approving renewal of a sign waiver requested by Coldwell Banker for the COLONY SPRINGS PROFESSIONAL BUILDING for a temporary ground sign at 8333 West McNab Road. SYNOPSIS OF ACTION: RESOLUTION NO. R--87-15 - PASSED APPROVED. 7. MOTION TO APPROVE renewal of a model sales permit for LAKE COLONY (BROOKWOOD GARDENS) in Units 30, 31 and 32 and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for a six month period from 2/27/87 to 8/27/87. SYNOPSIS OF ACTION: REMOVED for separate discussion. (See Page 2) 8. MOTION TQ APPROVE the minutes of the 12/23/86 Regular City Council meeting. SYNOPSIS OF ACTION: APPROVED. 9. MOTION TO APP OOVVE renewal of a commercial trailer requested by CALIFORNIA FEDERAL SAVINGS & LOAN, 6180 Rock Island Road, for a six month period from 3/26/87 to 9/26/87. YNOPSIS OF ACTION: APPROVED. 10. MOTION TO_ADOPT,Temp�_Reso. #4470 renewing three sign waivers for KINGS POINT pertaining to number, size and location of community directional signs. UI F A TION: RESOLUTION NO. R-87--16 - PASSED ROVED. ce Department 11. MOTION TO APPROVE final payment to TOUCHE ROSS in the amount of $3,000.00, Invoice #2743, in connection with Fiscal Year 1985/86 audit. SYNOPSIS -OF ACTION: APPROVED. 12. MOTION TO APP OVE the Finance Director attending the Governmental Finance Officers Conference (GFOA) in Washington, D.C., in .Tune, 1987. SYNOPSIS OF ACTION: APPROVED. 13. MOTION TO APPROVE refund of Interim Service Fees to the following: Milton and Charlotte Hantverk $340.00 Rosa Rudnet 605.00 Bertram and Diana Vigder 440.00 fn OPSI OF ACTION• PPROVED. er_al_.Admnis ratve 14. MOTION TO APPROVE a Cookie Sale by the Broward County Girl Scout Council 1/30/87 to 2/12/87 and waiver of Chapter 22 of the Code governing "Solicitors and Canvassing". YNOPSI OF ACTION: APPROVED. 1/27/87 5 /pw Utilities Engineering. 15. MOTION TO APPROVE the Developer's Agreement 1/14/87). YNOPSIS OF ACTION: APPROVED. First Amendment to the Water and Sewer for WOODMONT TRACT 50 (tabled on 16. M TION TO AD PT Temp. Reso. #4485 calling performance Letter of Credit No. 477 in the amount of $83,067.50 posted for public improvements at WOODMONT TRACT 72-C if a warranty bond in the amount of $21,298.00 has not been provided on or before January 29, 1987. SYNOPSIS OF ACTION: REMOVED for separate discussion. (See Page 2) 17. a) MOTION TO ADOPT Tem Reso. #4471 releasing performance Letter of Credit 030 in the amount of $57,392.50 posted for the water distribution system at CALICO COUNTRY (WOODVIEW TRACT 38) subject to receipt of a one-year warranty bond. b) M TION TO ADOPT -Temp. R so. #4472 accepting the bill of sale for the water distribution system improvements at CALICO COUNTRY (WOODVIEW TRACT 38). SYNOPSIS OF ACTION: APPROVED a) & b). 18. MOTION TO APPROVE Man International, force main along County Engineering Project 84-6. SYNOPSIS OF ACT10�: APPROVED. RESOLUTION NO. R-87-37 - PASSED RESOLUTION NO. R-87-38 - PASSED Change Order #1 to the contract with Ric - Inc., which involves relocation of the Nob Hill Road required to secure Broward Division permit to construct this line for 19. MOTION TQ ADOPT_ Temp�_._Fteso. #4473 awarding a bid to The Standard Register Company in the amount of $4,135.58 for a burster/decollator for Utilities West. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-87-17 -- PASSED 20. MOTI N TO ADOPT T m . Reso. #4474 awarding a bid to Lou Bachrodt Chevrolet, Inc., in the amount of $12,350.00, for one economy utility vehicle 4 X 4. SYNO_P5I_S_0_F ACTION: REMOVED for separate discussion. (See Pages 2 and 7) 21. M TION TO AD PT Tem Reso. #4475 awarding a bid to Lou Bachrodt Chevrolet, Inc., for two (2) 1/2 ton pick-up trucks at $10,120.00 each for a total of $20,240.00. SYNOPSIS OF ACTION: REMOVED for separate discussion. (See Pages 2 and 8) * C/M Stein MOVED to APPROVE the Consent Agenda with the * exception of Items 7, 16, 20 and 21 which had been removed * for separate discussion, SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE r, 1/27/87 1 6 /pw 1 1 City Clerk 7. MOTION TO APPROVE renewal of a model sales permit for LAKE COLONY (BROOKWOOD GARDENS) in Units 30, 31 and 32 and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for a six month period from 2/27/87 to 8/27/87. SXNQP51S QF ACTI REMOVED for separate discussion, (See Page 2) and then TABLED. C/W Massaro said she had received complaints from people who Jive at Lake Colony regarding the maintenance and the Consumer Board had the complaints on file. * C/M Stein MOVED to TABLE this item, SECONDED by C/M * Gottesman. VOTE: ALL VOTED AYE Utilities/Engineering 16. M T10N T ADOPT Temp. Reso. #4485 calling performance Letter of Credit No. 477 in the amount of $83,067.50 posted for public improvements at WOODMONT TRACT 72-C if a warranty bond in the amount of $21,298.00 has not been provided on or before January 29, 1987. SYNOPSIS OF ACTION: REMOVED for separate discussion, (See Page 2), and then APPROVED providing the Resolution and Agenda be changed to read January 29, 1987 instead of January 26, 1987. RESOLUTION NO. R--87-39 - PASSED City Attorney Applegate read Temp. Reso. #4485 by title. * V/M Stelzer MOVED to APPROVE providing the date on the * Resolution and the agenda be changed to January 29, 1987 * instead of January 26,,1987, SECONDED by C/W Massaro. VOTE: ALL TED AYE * C/M Stein MOVED to APPROVE Temp.Reno.-„„44485 as amended * SECONDED by C/W Massaro. TE: ALL VOTED AYE 20. MOTION _ TO ADOPT „ Temp,._Rgso_. #4474 awarding a bid to Lou Bachrodt Chevrolet, Inc., in the amount of $12,350.00, for one economy utility vehicle 4 X 4. BYNQPy5I,S -9F ACTION: RESOLUTION NO. R-87-18 - PASSED REMOVED for separate discussion. (See Pages 2 and 6) And then APPROVED. City Attorney Applegate read Temp. Reso. #4474 by title. C/M Gottesman asked if purchasing this vehicle had been budgeted and City Manager Kelly said yes. * C/M Gottesman MOVED to APPROVE Temp-,_Reso. #4474, SECONDED * by C/M Stein. VOTE: ALL VQT,FD„AYE 1� 2 7/pw 1 1. 21. MOTION TO ADOPT„_TgMp._Reso. #4475 awarding a bid to Lou Bachrodt Chevrolet, Inc., for two (2) 1/2 ton pick-up trucks at $10,120.00 each for a total of $20,240.00. Y P T F ACTION• REMOVED for separate discussion, (See Pages 2 and 6) and then APPROVED. DIRECTED the City Manager to instruct the Finance Department to use a stamp with information regarding the funds and account numbers. VOTE: RESOLUTION NO. R-87-19 -- PASSED City Attorney Applegate read Temp.__Reso. #4475 by title. C/M Gottesman said the same question he asked on Item 20 pertained to this Item as well. City Manager Kelly said there had been a Special Bid Committee formed to review the bids before publication and after the bid openings for assurance of budgeting and the quality of the proposals. C/W Massaro said asked Mr. Kelly to use a stamp by the Finance Department to inform Council of the funds and account numbers. C/M Gottesman MOVED to APPROVE Temp. Reso. #4475, SECONDED by C/W Massaro. General Administrative ALL VOTED AYE 24. MOTION TO APPROVE a Mandatory Orientation Program for Council appointees and to authorize immediate implementation. YNOPSI OF ACTION: APPROVED. VOTE• City Manager Kelly said this program would insure that the committee members were aware of their responsibilities to comply with the Sunshine Law. He said the Orientation would be conducted by the City Manager or designee, City Clerk and City Attorney or any other departmental officials whereever appropriate. C/M Stein MOVED to APPROVE this item, SECONDED by V/M Stelzer. C/W Massaro asked if the orientation would be for the members who have already been appointed and Mr. Kelly said he spoke to the present members, however, the orientation would apply to new members. ALL VOTED AYE 25. M TT 0 APPROVE a budget transfer from the City Clerk's Department to the Building Department in the amount of $34,613.00 to fund transferred employees. SYNOPS15_ OF„ ACTION: APPROVED. (See Attachment #1) City Manager Kelly said two positions, which had previously been located in the City Clerk's office, had been transferred to the Planning Department. C/M Stein MOVED to APPROVE this Item, Gottesman. SECONDED by C/M r I 1 1 1 1/27/87 8 /pw C/W Massaro asked if the Planning Department was separate from the Building Department and Mr. Kelly replied no, however, he would address the issue at a later date and C/W Massaro suggested the issue be discussed promptly. VOTE: ALL VOTED AYE UtilitiegZEnsineering 27. MOTION TO APPROVE appointment of a negotiating committee, consisting of the following City personnel, to meet with Infilco Degremont, Inc., and our consulting engineer, Hazen & Sawyer, to negotiate a firm price for the manufacturing and delivery of proposed sole source equipment which will be compatible with our existing treatment plant units: City Manger, John P. Kelly Purchasing Officer, John Cezard C/M Stein, Utilities Liaison William Greenwood, Director of Utilities/Engineering Peter Procopio, Deputy Utilities Engineer SYNOPSIS OF__ACTION: APPROVED. Bill Greenwood, Director of Utilities/Engineering, said in order to expand the water treatment plant project, two units would be needed. He said a green leaf filter and the accelator would be those two units. He said once a price would be established for the units, the cost would be presented to Council for approval. * C/M Stein MOVED to APPROVE this Item, SECONDED by C/W * Massaro. VOTE: ALL VOTED AYE er onn 1 D t ent 26. (a) MOTION TO APPROVE waiver of the bidding procedures for the procurement of long-term disability insurance. (b) MOTION TO ACCEPT North American Life as the carrier for long term disability insurance at a cost of $4,095.59 per month premium ($49,147.08 annually). SYNOPSIS OF ACTION: TABLED for further investigation by the City Attorney. (See Page 21) * a) C/M Stein MOVED to ADOPT waiver of the bidding procedures * for the procurement of long-term disability insurance, * SECONDED by V/M Stelzer. C/W Massaro asked why the bidding was being waived when three proposals had been received and Judy Deutsch, Risk Manager, said on several occasions, there had been bidding done on this Item, however, because of the market conditions and the reluctance of the Insurance Companies to rebid, she contacted the companies who submitted bids in the past and asked if they would submit a proposal. She said three proposals had been received. C/M Stein said there had been no actual bidding procedure, and the companies who submitted a bid in the past, had been asked to resubmit a bid and only three companies resubmitted. He said all other bidders declined. He said without a waiver the City would not be complying with the bidding law because there had been no publication for resubmitting the bids. 1/27/87 / 9 /pw c TAPE 2 C/W Massaro asked City Attorney Applegate if the Code and Ordinances would be complied with if approval of waiving should be granted and Mr. Applegate said the information in the back up would require his review in detail before he could answer any questions. C/W Massaro suggested this Item be Tabled for further review and Judy Deutsch replied the bid would be in effect until February 1, 1987. C/M Stein suggested this Item be Tabled until the City Attorney reviews the Item. He Directed the City Manager to present Items to the City Attorney before bringing the Items to Council for approval. C/W Massaro asked if the Item could be detained until the end of the meeting so the City Attorney could review the Item in further detail. C/M Stein, as the maker of the MOTION, for APPROVAL, asked to detain this Item until the end of the meeting. Building/Community Development 33. M T1 N T AD PT T so #4476 approving a revised site plan for MIDWAY PLAZA reflecting revised parking data and revisions to buildings on outlots. SYNOPSIS OF ACTION: RESOLUTION NO. R-87-25 - PASSED APPROVED. City Manager Kelly read Temp. Reso. #4476 by title. VOTE: Thelma Brown, City Planner, said the size of the project would be 28 acres and Staff recommended approval. V/M Stelzer MOVED to APPROVE Temp. Reso. #4476, SECONDED by C/W Massaro. ALL VOTED AYE 34. MOTION TO ADOPT Temp. Reso. #4477 approving a revised site plan and agreement for LINDSLEY LUMBER reflecting a fenced -in area with vinyl screen slats, shade cloth and open steel canopy. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-87-26 - PASSED City Manager Kelly read Temp. Reso. #4477 by title. C/M Stein said he had opposed the sign proposed for 50-feet, therefore, the developer agreed to reduce the sign to 25-foot. Thelma Brown, City Planner, said the developer had cooperated with the Staff and the beautification would be recommended for approval. She said the reduction of the sign would be inspected at the time of completion. C/W Massaro said there had been numerous violations of the Code by Lindsley and, with approval of this item, she informed the developer, violations would be written and brought before the Code Enforcement Board. Robert Cook, Director of the Facilities for Lindsley Lumber, said he understood. C/M Stein MOVED to ADOPT Temp-, Reso,-#4477, SECONDED by C/W Massaro. llp7/�pw 35. MOTION TQADOPT Temp. Res #4478 approving a revised site plan for TAMARAC LAKES NORTH reflecting a fence along NW 53 Street. YN P I OF ACTION• APPROVED. RESOLUTION NO. R-87-27 - PASSED City Manager Kelly read Temp. Reso. #4478 by title. Thelma Brown, said the Plans Adjustment Committee could not approve this Item because the Development had been sited by EPA for dumping in the lake area and installing the fence would make the area presentable for EPA. She said Staff could not approve the fencing at the location the developer had intended because of the City Code. She said Staff did not have any objections to the improvement of the Egress/Ingress where people were dumping. She said the setback would not be complied to for the fencing because the lake would not allow a 10-foot setback. Walter Bloker, President of the Maintenance Corp. of Tamarac Lakes North Associates, Inc., said the Broward County Environmental Quality Control Board had asked him to deny access to dumping in the area. He said some of the area could not be controlled by the City of Tamarac and in order to comply with the Broward County Environmental Control Board and for the safety of the residents, he agreed with the fencing. * C/W Massaro MOVED to APPROVE Temp. Reso. #4478, SECONDED by * C/M Stein. VOTE• C/W Massaro said she had discussed this Item with Bob Jahn, Chief Building Official, regarding the problems with the dumping and Mr. Jahn informed C/W Massaro that regardless of whether the fence would have a setback of 10-feet, dumping would continue to occur. Bob Jahn, Chief Building Official, said after the conver- sation with C/W Massaro, he had obtained more information. He said it would be physically impossible to setback the fence 10-feet because of the slope of the bank on the lake. He said FP&L had installed new aerials, for which they did not obtain the proper easements from the Mainlands for installation. He said if there would be a problem with the poles at the property line of the fence, FP&L would be forced to move their poles further out into the right -of way. Mr. Jahn said because of the curve on Prospect Road, Staff was fearful there would be a traffic hazard if FP&L moved their poles, therefore, he recommended approval for the fence to be placed at the property line. C/M Stein said the Adjustment Committee did not have the power to grant the variance, however, the Adjustment Committee did agree with the fence being placed at the property line. ALL VOTED AYE PUBLIC HEARINGS - 10:00 A.M. 28. M TI 0 AD PT TeMp. MIDWAY INVESTMENTS, geso.,.14463 relating to a request by LTD., for a limited parking waiver to allow an additional 112 ninety (90) degree right angle parking spaces near the proposed Building "A" restaurant and Building "B" retail at MIDWAY PLAZA, which lands are zoned B-2 (Planned Business). Petition #28-Z-86. S,YNOPSI,5_ QF_ ACTION: RESOLUTION NO. R-87-20 - PASSED APPROVED. Public Hearing Held. 1/27/87 11 /pw City Attorney Applegate read Temp. R.eso._#4463 by title. Tape 3 Thelma Brown, City Planner, read a letter from Doug Cowan, Representative of the Developer, concerning 90 degree parking spaces. Ms. Brown said these parking spaces should be approved before the building could be .located. Jim Brady, Representative of the Developer, said by the passage of Temp. eso #4476, Council approved the concept of the buildings and parking. Mayor Hart opened the Public Hearing. Morris Glicksman, Resident, had concerns about the parking because of the traffic being so congested in the Plaza. Irving Lopatey, Representing the Tamarac President Council, said it is difficult to maneuver a compact car in the plaza, therefore, he opposed the 90 degree angle parking. Ben Eigner, Resident, asked if additional parking spaces were being requested and Thelma Brown said the allotted number of parking spaces were there and the request was for the conversion of those spaces to 90 degree angle spaces. Joe Padwa, Resident of Concord Village, had concerns about the traffic at the Plaza and with the 90 degree parking spaces being installed. Mayor Hart closed the Public Hearing with no further response. C/M Stein MOVED to ADOPT TeMp. Reso,#4463, SECONDED by V/M Stelzer. C/M Stein said there were no additional parking spaces being granted. He said 90 degree parking was being substituted for the same amount of angle. He said the 90 degree parking would eliminate the traffic flow and make it safer. C/W Massaro said because of the construction at the plaza, the complications should be tolerated because the plaza shall be a tremendous asset to the City when completed. She said she had spoke to the President of the Development and there would be a traffic light installed at University Drive. C/M Gottesman asked Thelma Brown for the width of the roadway in the parking lot after the 90 degree change and Ms. Brown said the Code required the roadway to be 24-feet, which the developer would comply with. C/M Gottesman said there should be clarification in regards to the statement "additional 112 parking spaces". VOTE ALL -VOTED AYE 29. MOTIONTO _ DOPT Temp. Dnso#4464 relating to a request by MIDWAY INVESTMENTS, LTD., for a special exception to allow the proposed restaurant, Baystreet, on Building "A" outlot at MIDWAY PLAZA, which is zoned B-2 (Planned Business). Petition #29-Z-86. NY QPSI,�_ F'_ ACTION: RESOLUTION NO. R-87-21 - PASSED APPROVED. Public Hearing Held. City Attorney Applegate read Temp. eso #4464 by title. Thelma Brown, City Planner, said Staff recommended approval on this item. Mayor Hart opened and closed the Public Hearing with no response. 1/27/87 12 /pw J * C/M Stein MOVED to ADOPT Temp. Reso. #4464, SECONDED by V/M * Stelzer. VOTE: ALL VOTED AYE 30. MOTION T ADOPT Te p _Reso. #4465 relating to a request by MIDWAY INVESTMENTS, LTD., for a special exception to allow on -premises consumption of alcoholic beverages at the proposed Baystreet Restaurant on Building "A" outlot at MIDWAY PLAZA, which is zoned B-2 (Planned Business). Petition #30-Z-86. S,YNOPOIS OF ACTION: RESOLUTION NO. R-87-22 -- PASSED APPROVED. Public Hearing Held. V/M Stelzer read TL mp�_.Rgso._#4465 by title. Mayor Hart opened and closed the Public Hearing with no response. * V/M Stelzer MOVED to ADOPT Temp.,_ Reso. #4465, SECONDED by * C/M Stein. C/M Gottesman asked if the hours for sales and consumption of alcohol would be in compliance with the City Code and Mr. Brady, Representative for the Developer, said the license was a 4COPSRX Restaurant license, which would require the service of 200 or more people in order to obtain the license. C/W Massaro asked what the closing hours would be for the restaurant and Bob Cohen, of Property Systems, said the restaurant would be open Sunday through Thursday until 11:00 P.M. and Friday and Saturday until 2:00 A.M. and the serving of drinks would be discontinued 1 hour before closing. C/W Massaro asked Mr. Cohen if he would be requesting any special exception regarding the hours of sales for alcoholic beverages and Mr. Cohen said he could not say the restaurant would close at 2:00 A.M. C/W Massaro said Mr. Cohen would need to reapply for a special exception. Jim Brady said the Code would be complied with unless there would be a change in hours, at which time there would be a request for a special exception. VOTE: ALL VOTED AYE 31. MOTION TO ADOPT Temp. Reso. #4466 relating to a request by MIDWAY INVESTMENTS, LTD., for a special exception to allow the proposed Midway Deli. & Restaurant in Bay 1 of Building "D" at MIDWAY PLAZA, which is zoned B-2 (Planned Business). Petition #31-Z-86. SYMUBIS OF ACTION: RESOLUTION NO. R-87-23 - PASSED APPROVED. Public Hearing Held. City Attorney Applegate read Tem . Reso. #4466 by title. Mayor Hart opened and closed the Public Hearing with no response. * V/M Stelzer MOVED to ADOPT Temp.-_-Reso. #4466, SECONDED by * C/M Stein. C/W Massaro asked if a requirement would be needed for deletion of the additional 36 parking spaces and Thelma Brown, City Planner, replied no. C/M Gottesman asked what hours the Deli would operate and Mr. Cohen, Property Systems, said the Deli would be open 7 days a week until 9:00 P.M. VOTE: ALL YQTED AYE 1/27/87 13 /pw 32. MOTION TO AD PT TeiMP. Res #4467 relating to a request by MIDWAY INVESTMENTS, LTD., for a special exception to allow on -premises consumption of alcoholic beverages at the proposed Midway Deli & Restaurant in Bay 1 of Building "D" at MIDWAY PLAZA, which is zoned B-2 (Planned Business). Petition #32-z--86. SYNOPSI F ACTIO : RESOLUTION NO. R-87-24 - PASSED APPROVED. Public Hearing Held. City Attorney Applegate read Temp. Reso-44467 by title. Mayor Hart asked Jim Brady, Representative for the Developer, if the license would be only for beer and wine and Mr. Brady said the Deli would be using a 2COP license, which would be for beer and wine consumption on the premises only. Mayor Hart opened and closed the Public Hearing with no further response. V/M Stelzer MOVED to ADOPT Tem eso. #4467, SECONDED by * C/M Gottesman. C/W Massaro asked, in reference to Item 31, if the 9:00 P.M. closing pertained to the on -premises consumption and Mr. Cohen, of Property Systems, said the consumption would comply to the hours of operation. C/W Massaro asked if there would be an objection to approving this item with the condition that alcoholic beverages be discontinued after 9:00 P.M. and Mr. Cohen said at the present time, Publix was staying open until 11:00 P.M., and at a later date, the Midway Deli may want to stay open until that time. Jim Brady, Representative for the Developer, said staying open at a later date would be a management decision and there could be circumstances that the Deli would stay open until 12:00 P.M., however, there would not be sufficient seats to serve the 200 people which would be required for the 4COPSRX license for liquor consumption. C/W Massaro said she would like the Resolution changed to read, "for the consumption of beer and wine" rather than "alcoholic beverages". She said she would not have any objections to the hours of consumption changing but she would like to see the alcoholic beverages being changed to beer and wine. Jim Brady said his preference would be to take advantage of the alcoholic consumption law at this time because in the future, if the Deli should be successful, another 2 bays may be purchased and the 4COPSRX license may be required. - NOTE: The followin is_.a VERBATIMscritrant as�REQUESTED^By_CLW MA_ _ SSARO C/W Massaro: Why couldn't they come in at that time and make an application to cover it. There would be no objection to it. I just do not like to see a Resolution being passed which says alcoholic beverages, when it is not suited for alcoholic beverages, per say, which includes liquor. Jim Brady: The reason for that language is because that is the language of your Ordinance. That is why it is used. C/W Massaro: Well, there is a difference between the alcoholic beverages and beer and wine and if you are only going to serve beer and wine .... damn it all, I wished you would stop all that talking amongst yourselves. I want to hear what you are saying, too, because you may have something important for me to hear. 1/27/87 / 14 /pw LJ V M telzer: Well, if you want to hear Mrs. Massaro, the report from the Planning Commission says..... C/W Massaro: I still have the floor. YZM Stelzer: ...that the special exception, if for beer and wine only, and it is specified in the report.... CA Massaro: Well, it does not say that here. y1M_5telzer: Well, it says that in the report from the Planning Commission and if you read your backup, you would see it. C/W Massaro: I do not care about the Planning Commission. This is what they live by, this Resolution. Not what the planning commission said. They are an advisory board and when it comes time for them to put in liquor, then fine, we will hear and we will see where they are putting it. END OF VERBATIM_,TRANSCRLPT. Jim Brady, Representative of the Developer, said at some future date, he would like the record to reflect that Council had been informed of possible changes, however, would agree to the proposal that C/W Massaro suggests. C/W Massaro asked the City Attorney if he would object to the changes and C/M Stein said he had an objection. Mayor Hart said there was a Motion on the floor and the Motion could not be changed at the will of a Councilmember or the City Attorney. He said the maker of the Motion would have to accept the amendment. C/W Massaro said she was asking the City Attorney if the Resolution could be changed. C/M Stein said the applicant was being coerced. He said the Charter and the Ordinances were being complied with and, therefore, the applicant should be granted the license. He said unless a Councilperson has a reason there should be no individual restrictions. V/M Stelzer said the application had been for a beer and wine license and the special exception generally refers to alcoholic beverages. City Attorney Applegate said under the Code, to grant a special exception, a modification could be made and, if Council wanted the special exception to be for beer and wine, there would not be a problem in changing the Resolution. Jim Brady said the application had been for alcoholic beverages on the premises. C/W Massaro said the seating capacity would not comply to alcoholic beverage consumption and when the seating capacity complies to the alcoholic beverage consumption the petitioner could reapply for the license. Mayor Hart asked City Attorney Applegate if 3 months from this time, the petitioner decided to serve liquor in the present Deli, would the Petitioner be in violation of the State Alcoholic Beverage Control Regulation and City Attorney Applegate said the Petitioner said they would be in violation. Mr. Brady said the license would be revoked by the State. UTE: ALL VQTED_,AYE 1/27/87 15 /pw BuildingZCommunity Development 36. MOTION TO ADOPT Tgmp�_Reso._,- #4479 approving a site plan and related documents for 84th TERRACE SHOPPES (located at the northwest corner of Commercial Boulevard and NW 84 Terrace). SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-87-28 - PASSED City Attorney Applegate read Temp. Reso. #4479 by title. * C/M Stein MOVED to ADOPT Tem2. Reso.-.-#.4AJ , SECONDED by V/M * Stelzer. Thelma Brown, City Planner, said Staff approved this item with no conditions. TE: ALL OTED AYE 37. THE_._LA.NPINSS _ON CYPRESS GREENS a) N- ION TO ADOPT Temp. Reso. #4480 approving a plat. b) LOTION TO ADOPT Temp. Reso. #4481 approving a site plan and related documents. c) MOTION TO APP&OVE a model sales facility and waiver of the 300-foot distance requirement for issuance of certificates of occupancy. (located on the east side of NW 94 Avenue and NW 61 Street). SYNOPSIS OF ACTION: APPROVED a), b) & c). RESOLUTION NO. R-87-29 - PASSED RESOLUTION NO. R--87-30 -- PASSED a) City Attorney Applegate read Temp. Reso. #4480 by title. * V/M Stelzer MOVED to ADOPT Tem ._Reso,__.#44$0, SECONDED by * C/M Stein. VOTE: ALL VOTED AYE b) City Attorney Applegate read Temp. Reso._ #4481 by title. * V/M Stelzer MOVED to ADOPT Temp. Reso. #4481, SECONDED by * C/M Gottesman. C/W Massaro asked Thelma Brown, City Planner, if the plan had been Tabled at the previous meeting and Ms. Brown said it had been Tabled by Staff because of a new State Law. VOTE: ALL VOTED AYE c) Bob Jahn, Chief Building Official, said he reviewed this item and recommended approval. C/W Massaro asked if there would be occupants within 300- feet and Mr. Jahn answered, yes. C/W Massaro asked if the necessary signatures of these residents had been obtained and Mr. Jahn said the waivers would be obtained on the renewal of the model sales permit. C/W Massaro asked if the waivers should be obtained from the occupants. Lew Lautin, Owner of the Development, said the sales facility would be separate from the other facilities and specific instructions and regulations would be given any occupant leasing to inform them that there would be a sales facility on the development. C/W Massaro asked if the document indicated the distance the facility would be to the occupant homes and Mr. Lautin said the rules and regulations would give the rights to the development to have a model sales facility. 1 1 1/27/87 V 16 /pw * V/M Stelzer MOVED to APPROVE the model sales facility, * SECONDED by C/M Stein. VOTE.: ALL_yOT_ �D AYE 38. MOTION TO_ ADOPT —Temp. Reso. #4482 approving a site plan and related documents for LAKES OF CARRIAGE HILLS SHOPPING CENTER. (to be located at the southeast corner of Rock Island Road and Bailey Road). SYNOP I F ACTION: RESOLUTION NO. R-87-31 - PASSED APPROVED with conditions. City Attorney Applegate read T eso. #4482 by title. C/M Stein MOVED to ADOPT Temp. eso. #4482, SECONDED by V/M * Stelzer. V/M Stelzer said the City was supposed to get a Hold Harm- less Agreement regarding FP&L wires being located over the parking area and he asked Thelma Brown, City Planner, if the Agreement had ever been obtained. Ms. Brown said FP&L submitted a letter to the properties abutting the area and it had already been recorded. She said a request for the Insurance Policy had been made pertaining to the magnetic field force, which had not been a definative situation. C/W Massaro asked if an Insurance Policy would be sufficient or would a Hold Harmless Agreement be needed. Ms. Brown said research had been made on the Magnetic field force with no definative evidence proven and if there would be a hazard regarding parking in that area, a Hold Harmless Agreement would be needed. She said there had been no hazardous proof, therefore, a Hold Harmless Agreement would not be needed. Dan Oyler, Representative for the Petitioner, said there was an Insurance Policy being submitted to FP&L. C/W Massaro asked Mr. Oyler to explain the Policy and Mr. Oyler said the Policy covered electrocution of anyone in the shopping center, health hazard, etc., and a Hold Harmless Agreement had been submitted to the Planning Department. C/W Massaro asked if the Insurance applied only to FP&L and, if so, why the City should not require a policy. City Attorney Applegate said if FP&L could name the City as an insured in the future, it would be accepted. He said FP&L granted the easement to the landowners and the City should not be held liable. C/W Massaro said if the City would not be insured, any claim could involve the City and, if FP&L would be insured, the City should be insured. Ms. Brown informed the Developer that the City is to be named as insured. C/M Stein said upon the approval of this item, the City would be named as insured on the Policy. Ms. Brown said the Representative of the Developer did not know what the insurance policy contained and asked to bring the item back to Council. C/M Stein said whatever had been granted to FP&L, the City should be a part of the policy. * V/M Stelzer AMENDED his MOTION for APPROVAL with the * condition that the City be named as insured on the Policy * being given to FP&L, C/M Stein AMENDED his SECOND. 1/27/87 17 /pw City Attorney Applegate suggested Council give a time certain to the Amendment. Dan Oyler, Representative for the Petitioner, suggested before a building permit issuance, he would give proof of TAPE 4 the City as insured on the policy. VOTE: ALL_.VOTED AYg 39. MOTIQN TO ADOPT -Temp. s 4483 approving a revised site plan and a Water & Sewer Developer's Agreement for the WOODMONT COUNTRY CLUB reflecting one comfort station on the north course and one on the south course. -SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-87-32 - PASSED City Attorney Applegate read Temp.-Reso. #4483 by title. V/M Stelzer MOVED to ADOPT Temp. Reso. #4483, SECONDED by C/M Stein. City Attorney Applegate said the Resolution would be revised by adding "SECTION 2: That the City Council hereby approves and accepts the following documents as part of the Development Order, Subsection A, Water and Sewer Development Agreement". VOTE: ALL VOTED AYE 40. M TI TO AD PT Tem R so. #4446 approving a site plan and related documents for BUDGETEL (located on the south side of Commercial Boulevard east of NW 38 Terrace) (tabled on 12/23/86). .YY4-Px5_. OF_._.ACTION: APPROVED. VOTE: RESOLUTION NO. R--87-33 - PASSED City Attorney Applegate read Temp .,_Reso. #4446 by title. V/M Stelzer MOVED to ADOPT Temp, Reso. #4446, SECONDED by C/M Stein. C/W Massaro asked if the required setbacks have been met and Bob Jahn, Chief Building Official, said, yes. C/W Massaro asked if Council would be approving beautification plans and Mr. Jahn said, yes. C/M Gottesman - Nay C/M Stein - Aye V/M Stelzer - Aye C/W Massaro - Absent Mayor Hart - Aye 41. MOTION T9 ADOPT Tem . Reso. #4486 accepting a grant in the amount of $28,163.00 for services under the Growth Management Account. Y OP I F ACTION: APPROVED. RESOLUTION NO. R-87-34 - PASSED City Attorney Applegate read TSmp. Reso. #4486 by title. City Manager Kelly said the grant had been made through the Department of Community Affairs and it would assist the Community to comply with the local government Comprehensive Planning Assistance Program. He said Consultants would assist the City Planner to comply with the governmental laws. C/M Stein MOVED to ADOPT Temp. Reso. #4486, SECONDED by V/M Stelzer. 1 1 III 1/27/87 18 /pw \ C/W Massaro asked if there would be any requirements from the City in regard to the grant and Mr. Kelly said there would not be any requirements expected from the City other than the usual requirements. V TE: ALL VOTED AYE General Administrative 42. MOTION TO ADOPT Tem . Reso. #4468 authorizing execution of an exclusive towing agreement with American Towing, Inc. NOP IS OF ACTION: RESOLUTION NO. R-87--35 - PASSED APPROVED with an Amendment. City Attorney Applegate read Temp._Reso._#4468 by title. C/M Stein MOVED to ADOPT Temp. Resg.#4468, SECONDED by C/M Gottesman. C/W Massaro asked why this Item was being made an exclusive agreement. City Attorney Applegate said he had been informed by Mike Moskowitz, Attorney representing the towing associations, that a challenge regarding the agreement with American Towing, Inc., would be made in Court. He said exclusive towing, transportation and garbage contracts are generally used by other municipalities and any time the City requires a vehicle to be towed, the contractor will tow. He said if a person would rather have another towing company, they would be free to do so. C/W Massaro asked where in the contract it stated that the City would be the only one involved and Mr. Applegate replied it was defined in Section lA and in the speci- fications, as Exhibit A. C/W Massaro said that the contract did not state the public could have any towing company they wanted. City Attorney Applegate said he could amend the contract to read "Section 11 - Exclusive Bidding - This is an exclusive contract and the "contract" that as used herein shall not in any form or manner be interpreted as granting anything but an exclusive contract for towing services required by the City of Tamarac." V/M Stelzer, as maker of the Motion agreed to the Amendment, C/M Gottesman, as the Second to the Motion, agreed to the Amendment. VOTE: ALL VOTED AYE Public WorksDepartment 43. MOTION TO ADOPT Temp. Reso. #4484 awarding a bid for Tract 27, Sports Field Lighting. 5YNOPSIO OF ACTION: APPROVED awarding bid to Wilson -O'Brien Electric Inc. in the amount of $99,775.00. RESOLUTION NO. R-87-36 - PASSED City Attorney Applegate read Temp. R so. #4484 by title. V/M Stelzer MOVED to ADOPT Temp. Reso. #4484 awarding the bid to Wilson -O'Brien Electric, Inc., SECONDED by C/M Gottesman. 1/27/87 19 /pw C/W Massaro asked how much money would be awarded and V/M Stelzer replied $99,775.00. City Manager Kelly said the original estimated cost was $120,000.00 and the funds would come from the Parks/Recreation Department. C/W Massaro asked if the lighting would be supplied for both of the fields. She said only one field would be operating and provisions for future lighting was to be made for the second field. C/M Stein said the lights would be the only thing that would not be provided for and Mr. Kelly said Alternate II would be awarded which provided for all labor, tools, materials, poles, flood lighting system, one above -grade CBS electrical vault and one below -grade CBS electrical distribution manhole. C/W Massaro said there would be a lot of electricity wasted and C/M Gottesman said he spoke to the electrical engineer and money would be saved with this system. He said the electricity could be disconnected until the fields were being used. VQTE : ALL VOTED AYE 45. MOTION TO__ ADAPT Temp. Ord #1307 on first reading creating Subsection 9-5 of the Code to provide that whenever a check draft or other instrument for payment of money is returned as a dishonored item by a bank or lending institution, the City shall not accept payment without first receiving interest and appropriate fees. SYNOPSIS OF ACTION: APPROVED on first reading. City Attorney Applegate read Temp. rd. #1307 by title. Mr. Applegate said Chapter 166 of the Florida Statutes authorized local governments to collect a fee with interest for overdue accounts, checks returned for insufficient funds, etc., and he incorporated the Amendment into the Code. V/M Stelzer MOVED to ADOPT Temp, Ord. #1307 on first reading, SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE 46. OPEN PUBLIC FORUM - Any member of the public who wishes to address the City Council at this time must, in advance of the item, give his/her name and address to the City Clerk. Mike Moskowitz, Attorney representing Towing and Recovery Association of America, Inc. and Sunny Towing, informed Council that his firm will be representing Sunny's Towing in Court against the City of Tamarac. He also said the awarded bidder, American Towing, had his storage license taken away by the City of Fort Lauderdale. Jghi M,incieli, President of American Towing, said he had his lawyer working on the storage permit for towed vehicles taken away by the City of Fort Lauderdale. He said he had a body shop and he had been doing work for the Public Works Department of the City of Tamarac for several years. He said he had contracts from other Cities and Council could contract those Cities to verify American Towing's competency. 1/27/87 20 /pw Mayor Hart closed the Open Public Forum with no further response. REP RT 47. City Council Mayor Hart reported Senator presentation before the members Weinstein would be making a March 25, 1987 at 9:00 A.M. of the City Council on Wednesday, and a Town Thursday, April 2, 1987 at 7:30 Meeting will be held P.M. He said the Lupus Foundation Of Florida thanked the City Activities, for the Lupus Awarness Month C/W Massaro reported she had asked numerous times for information regarding the project on Bailey what she received, she did not Road which she had not received and ask for. She said she hoped she would not have to ask for it again and would receive it within the week. City Manager Kelly said C/W Massaro would receive that information. 48. Cit Man er City Manager Kelly reported that the flag at City Hall would be flown at half mast in memory of the Challanger Crew. He said Ray Briant, Fire Chief, would be involved in the Mutual Aid Fire Prevention Program for a safer Broward which would be held in the Library in the downtown Fort Lauderdale area. 49. City Attorney - No Report. Pe r sonnel De artment 26- (a) MOTION Tn AT)Dvn"L- waiver of the bidding the procurement of long-term disability insurance. for (b) MOTION TO ACCEPT North American Life as the carrier for long term disability insurance at a cost of $4,095.59 per month premium ($49,147.08 annually). (See Page 9) VNOPS_ISOF ACTION: TABLED for further investigation by the City Attorney. a) City Attorney suggested Council TABLE this Item for further investigation and research. Mayor Hart asked how long the bidding process would take and City Manager Kelly replied, two months. C/W Massaro asked City Manager Kelly how long it would take to advertise the bid and Mr. Kelly replied, 10 days. C/W Massaro said in an emergency, the wait would not have to be two months and Mr. Kelly said it could be sooner than two months. V/M Stelzer MOVED to TABLE this Item, SECONDED by C/W Massaro. V TE: C/W Massaro - Aye V/M Stelzer - Aye C/M Gottesman - Aye C/M Stein - Absent Mayor Hart - Aye 1/27/87 21 /pw Mayor Hart adjourned the meeting at 11:55 A.M. i BE ARD HART MAYOR CAROL E. BARBUTO CITY CLERK 1 "This public document was promulgated at a cost of $105.74 or $3.00 per copy to inform the general public and public officers and employees about recent opinions and considerations by the City Council of the City of Tamarac." CITY OF TAMARAC APPROVED AT MEETING OF 1 1 1/27/87 22 /pw 0 I i _ 1 � � I � 1 i b 1 W � 0 e r, Q-► J r� 1 v -41 � a � o I � c V G1 v 44 I a I m �y