HomeMy WebLinkAbout1988-01-27 - City Commission Regular Meeting Minutesiq
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P.O. BOX 25010
TAMARAC, FLORIDA 33320
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RECORD OF COUNCIL ACTIONS/DISCUSSION
CITY OF TAMARAC
CITY COUNCIL
REGULAR COUNCIL MEETING
WEDNESDAY, JANUARY 27, 1988
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 Mayor Hart of a proclamation to PATRICIA
RANCATI honoring Tamarac Elementary School on being
chosen as one of Florida's top 21 Distinguished
Elementary Schools.
FINAL ACTION•
Proclamation was presented to Patricia Rancati.
2. PRESENTATION by City Manager Kelly of five-year service
awards to DIANA ACIERNO, City Clerk's Office, and SALLY
SPIEGEL, Legislative Office.
FINAL ACTION•
Presentations were made to Diana Acierno and Sally
Spiegel.
CONSENT AGENDA
3. Items listed under Consent Agenda, Item 3, 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. #4913 releasing
Certificate of Deposit #30-13-015406--2 in the
amount of $1,500.00 posted by Windemere
Constriction Co., Inc., as a homeowners warranty
against construction defects for a home located at
8725 Banyan Court, Lot 28 of Tract 63 (Permit
#2348-83).
FINAL ACTION: RESOLUTION NO. R-88-15 PASSED.
APPROVED.
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City Clerk
b. MOTION TO APPROVE the minutes of the City Council
special meeting of 1/5/88.
FINAL ACTION:
APPROVED.
C. 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 2/27/88 to
8/27/88.
FINAL ACTION:
APPROVED.
Public Works/Recreation Department
d. MOTION TO ADOPT Tea . Reso. #4908 authorizing the
appropriate City officials to execute an open lease
agreement with Broward County Schools for use of
the Tamarac Elementary School parking lot
facilities for City recreation programs during
1988.
FINAL ACTION: RESOLUTION NO. R--88-16 PASSED.
APPROVED.
Utilities/EngineeringUtilities/Engineering Department
e. MOTION TO APPROVE Change Order #2 to the contract
with The Turbitrol Company in the amount of
$$8,526.00 in order to telemeter daily flow rates
at three (3) remote sewage pump station locations
for TUW Project 85-19T, Sewer Treatment Plant
Improvements. This change order will increase the
contract amount to $425,470.00 and will increase
the completion date of the contract by 29 days to a
new date of March 1, 1988.
FINAL ACTION:
APPROVED.
f. 1. MOTION TO APPROVE the construction work per-
formed by Man -Con, Incorporated, on TUW Project
87-4. Nob Hill Water Line Extension.
2. MOTION TO ACCEPT final release of liens as
provided by Man -Con, Incorporated, on TUW
Project 87-4.
3. MOTION TO APPROVE final payment in the amount
of $19, 979.80 to Man -Con, Incorporated, for
work performed on TUW Project 87-4. P.O. 40830
4. MOTION TO APPROVE final payment in the amount
of $269.75 to Russell & Axon, Inc., for
engineering services performed on TUW Project
87-4. P.O. 40833
FINAL ACTION•
fl, f2, f3 and f4 APPROVED.
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OPEN PUBLIC FORUM
4. 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.
FINAL ACTION:
Open Public Forum was held. Speakers were Melanie
Reynolds and Dr. Al Wald.
REPORTS
5. City Council
6. City Manager
7. City Attorney
CONSIDERATIONS
General Administrative
8. MOTION TO APPROVE the purchase of Apple computer
equipment (two work stations sharing one laser printer)
in the amount of $12,877.53 under State contract in lieu
of bidding, with funds to come from City Clerk Office
Equipment Account 001-112--519-641.
FINAL ACTION•
APPROVED.
utilities/Engineeringutilities/Engineering Department
9. MOTION TO APPROVE final payment in the amount of
47,521.38 to Man -Con, Incorporated, and to ACCEPT the
final release of liens as provided by Man --Con for TUW
Project 86-8, Sod Farm Closure. P.O. 40981
FINAL ACTION•
APPROVED.
RESOLUTIONS
Community Develo ment
10. MOTION TO ADOPT Tem Reso. #4909 authorizing the
appropriate City officials to execute a contract with
the Florida Department of Community Affairs to accept a
grant in the amount of $30, 390.00 for the Local
Government Comprehensive Planning Assistance Program.
FINAL ACTION• RESOLUTION NO. R-88-17 PASSED.
APPROVED.
Finance Department
11. MOTION TO ADOPT Temp. Reso. #4910 accepting the
financial statements and auditor's report prepared by
Touche Ross & Company for Fiscal Year Ending 9/30/87.
FINAL ACTION:
TABLED to permit time for City Council review.
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Police Department
12. MOTION TO ADOPT Temp. Reso. #49.11 awarding bid #88--12 to
Ed Morse Chevrolet for ten (10) 1988 police patrol
vehicles at $13,053.75 per vehicle.
FINAL ACTION•
APPROVED.
RESOLUTION NO. R-88-18 PASSED.
Utilities/Engineering_DePartment
13. MOTION TO ADOPT Temp, _Reso. #4906 awarding Bid #88-10 in
the amount of $73,524.00 to Man -Con, Incorporated, for
the WOODLANDS DRAINAGE IMPROVEMENTS project.
FINAL ACTION:
APPROVED.
RESOLUTION NO. R-88-19 PASSED.
14. MOTION TO ADOPT Temp. Reso. #4905 awarding Bid #88-11 in
the amount of $89,334.00 to Campanella Construction
Corp. for the N.W. 76 STREET DRAINAGE IMPROVEMENTS
project.
FINAL ACTION:
APPROVED.
RESOLUTION NO. R-88-20 PASSED.
15. MOTION TO ADOPT Temp. Reso. #4904 expressing the City's
intent to enter into an Agreement with Broward County to
purchase additional capacity of 0.9 million gallons per
day of treatment capacity and 2.9 million gallons per
day of transmission capacity.
FINAL ACTION:
APPROVED.
PUBLIC HEARING - 10:00 A.M.
Community Development
RESOLUTION NO. R-88-21 PASSED.
16. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #4912
concerning a request by STATE FARM SERVICE CENTER for
limited parking waiver under the provisions of Section
18-9 of the Code to waive the requirements of Section
18-3 (1) (d) to allow ninety (90) degree parking at a
proposed State Farm Service Center on the north side of
McNab Road between NW 80 Avenue and NW 84 Terrace which
is zoned B-6 (Business District). Petition #2-Z-88
FINAL ACTION: RESOLUTION NO. R-88-22 PASSED.
APPROVED. Public hearing was held.
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ORDINANCES
PUBLIC HEARINGS - 10:00 A.M.
Community Development
17. a. MOTION TO ACCEPT Affidavits of Publication and
Posting for Temp. Ord. #1374. Petition #36-Z-87
b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1374 on
second reading concerning the rezoning by the City of
Tamarac of lands on the south side of Southgate
Boulevard, approximately 700 feet east of NW 88
Avenue, from B-3 (General Business) to RM-5
(Residential Multiple Dwelling) to conform to the
approved City of Tamarac Land Use Plan. Petition
#36-Z--87
FINAL ACTION: ORDINANCE NO. 0-88-3 PASSED.
a. ACCEPTED Affidavits.
b. APPROVED on Second Reading. Public hearing was held.
18. a. MOTION TO ACCEPT Affidavits of Publication and
Posting for Temp. Ord. #1375. Petition #38-Z-87
b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1375 on
second reading concerning a request by STUART FEINER
to rezone lands on the east side of NW 88 Avenue,
south of Colony West Clubhouse, from RM-10 (Planned
Apartments) to R-3U (Row House). Petition #38-Z-87
FINAL ACTION: ORDINANCE NO. 0-88-4 PASSED.
a. ACCEPTED Affidavits.
b. APPROVED on Second Reading. Public hearing was held.
19. a. MOTION TO ACCEPT Affidavits of Publication, Mailing
and Posting for Temp. Ord._#1377. Petition #1-Z-88
b. PUBLIC HEARING - LOTION TO ADOPT Temp. Ord. #1377 on
first reading concerning a request by ENRIQUE WOLF &
NAFTALIE REITER, TRUSTEES, to rezone lands on the
north side of Commercial Boulevard between NW 82
Avenue and NW 84 Terrace from B-1 (Neighborhood
Business) to B-2 (Planned Business) .
Petition #1-Z-88
FINAL ACTION:
a. ACCEPTED Affidavits.
b. APPROVED on First Reading. Public hearing was held.
Second reading and public hearing will be held during
the City Council meeting on February 10, 1988, at 7:30
P.M.
PUBLIC HEARINGS - 5:05 P.M.
20. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #131.6 on
second reading to- amend �Section 28-171 of the Code
pertaining to fees, applications, approvals and
conditions for outdoor (sidewalk) sales.
FINAL ACTION: ORDINANCE NO. 0-88-5 PASSED.
APPROVED on Second Reading. Public hearing was held.
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1/27/88
21. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1367 on
second reading to amend Article V of Section 28-34(b) of
the Code to allow non --profit governmental schools as a
permitted use in the R-lB and R-lC One -Family Dwelling
Districts.
FINAL ACTION: ORDINANCE NO. 0-88-6 PASSED.
APPROVED on Second Reading. Public hearing was held.
AGENDIZED BY CONSENT
22. MOTION TO ADOPT Temp. Reso. #4914 approving a revised
site plan and related documents for Barnett Bank (North-
east corner of University Drive and Northwest 82 Street).
FINAL ACTION: RESOLUTION NO. R-88-23 PASSED.
APPROVED.
23. COLONY WEST GOLF COURSE CLUBHOUSE - Revised site plan
reflecting addition of a first floor bar and grill.
FINAL ACTION:
DISCUSSION only.
The City Council may consider and act upon such other business
as may come before it.
In the event this agenda must be revised, such revised copies
will be available to the public at the City Council meeting.
Pursuant to Chapter 286.0105, Florida Statutes, if a person
decides to appeal any decision made by the City Council with
respect to any matter considered at such meeting or hearing,
he may need to ensure that a verbatim record of the
proceedings is made which record includes the testimony and
evidence upon which the appeal is based.
Carol E. Barbuto
City Clerk
NOTICE
City Council Workshop Meeting -- Thursday, January 28, 1988--1:00 P.M.
West Conference Room at City Hall
discussion concerns Midway Plaza and
the Wellfield Ordinance.
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CITY OF TAMARAC
CITY COUNCIL REGULAR MEETING
WEDNESDAY, JANUARY 27, 1988
TAPE 1
CALL TO ORDER: Mayor Hart called this meeting to order on Wednesday,
January 27, 1988, at 9:00 A.M. in the Council Chambers.
MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Hart called for the Pledge
of Allegiance followed by a Moment of Silent Meditation.
VRF.�F.NT�
Mayor Bernard Hart
Vice Mayor Sydney M. Stein
Councilman Bruce Hoffman
Councilman Henry Rohr
Councilman Jack Stelzer
ALSO PRESENT;
John P. Kelly, City Manager
Richard Doody, City Attorney
Carol E. Barbuto, City Clerk
Pauline Walaszek, Special Services
Secretary
AGENDIZED BY CONSENT
22. MOTION TO ADOPT Temp. Reso. #4914 approving a revised site
plan and related documents for BARNETT BANK (located at the
northeast corner of University Drive and N.W. 82 Street).
SYNOPSIS OF ACTION:
AGENDIZED BY CONSENT.
(See Pages 7 and 8 for Final Action)
*
*
V/M Stein MOVED to AGENDIZE this Item by Consent, SECONDED by
C/M Hoffman.
VOTE:
Finance Department
ALL VOTED AYE
11. MOTION TO ADOPT Temp. Reso. #4910 accepting the financial
statements and auditor's report prepared by Touche Ross &
Company for Fiscal Year Ending 9/30/87.
SYNOPSIS OF ACTION:
TABLED until the 2/10/88 meeting
to permit time for Council review.
* C/M Stelzer MOVED to TABLE this Item until the 2/10/88 meeting
* because Council needed time to review the documents, SECONDED
* by C/M Hoffman.
VOTE: ALL VOTED AI:E
INTRODUCTION
2. PRESENTATION by City Manager Kelly of five-year service awards
to Diana Acierno, City Clerk's Office,, and Sally Spiegel,
Legislative Office.
SYNOPSIS OF ACTION:
Awards were PRESENTED.
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1/27/88
City Manager Kelly thanked and congratulated Diana
Acierno and Sally Spiegel for their 5 years of service to
the City.
1. PRESENTATION by Mayor Hart of a proclamation to PATRICIA
RANCATI honoring Tamarac Elementary School on being chosen
as one of Florida's top 21 Distinguished Elementary Schools.
SYNOPSIS OF ACTION:
Proclamation was PRESENTED.
Mayor Hart congratulated and thanked Mrs. Rancati for the
great work of the school staff and presented a
proclamation to her honoring Tamarac Elementary School on
being chosen one of Florida's top 21 Distinguished
Elementary Schools.
Mrs. Rancati thanked the City Council on behalf of the
school staff and the parents for recognizing the School
and said involvement from the City made a difference in
the school and its activities.
City Manager Kelly thanked Mrs. Rancati for allowing him
to participate in the Apple Computer courses at the
school and said the knowledge given to him by the courses
would be an asset to the City.
CONSENT AGENDA
Building Department
2. a. MOTION TO ADOPT Temp. Reso. #4913 releasing
Certificate of posit #30-13-015406-2 in the amount
Of $1,500.00 posted by Windemere Construction Co., Inc.,
as a homeowners warranty against construction defects
for a home located at 8725 Banyan Court, Lot 28 of Tract
63 (Permit #2348-83).
SYNOPSIS OF ACTION:
APPROVED.
City Clerk
RESOLUTION NO. R-88-15 - PASSED
b. MOTION TO APPROVE the minutes of the City Council
special meeting of 1/5/88.
SYNOPSIS OF ACTION:
APPROVED.
c. 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 2/27/88 to 8/27/88.
SYNOPSIS OF ACTION:
APPROVED.
Public Works/Recreation Department
d. MOTION TO ADOPT Temp. Reso. #4908 authorizing the
appropriate C ty—�icia'�is-to execute an open lease agree-
ment with Broward County Schools for use of the Tamarac
Elementary School parking lot facilities for City recreation
programs during 1988.
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-88-16 - PASSED
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Utilities/Engineering Department
e. MOTION TO APPROVE Change Order #2 to the contract
with The Turbi of Company in the amount of $8,526.00 in
order to telemeter daily flow rates at three (3) remote
sewage pump station locations for TUW Project 85-19T,
Sewer Treatment Plant Improvements. This change order
will increase the contract amount to $4.25,470.00 and will
increase the completion date of the contract,by 29 days to
a new date of March 1, 1988.
SYNOPSIS OF ACTION:
APPROVED.
f. 1. MOTION TO APPROVE the construction work performed
by Man -Con, Incorporated, on TUW Project 87-4, Nob Hill
Water Line Extension.
2. MOTION TO ACCEPT final release of liens as
pry iv ded by Man -Con, Incorporated, on TUW Project 87-4.
3. MOTION TO APPROVE final payment in the amount of
$19,979.80 to Man -Con, Incorporated, for work performed
on TUW Project 87-4. P.O. 40830
4. MOTION TO APPROVE final payment in the amount of
$269.75 to Russell & Axon, Inc., for engineering services
performed on TUW Project 87-4. P.O. 40833.
SYNOPSIS OF ACTION:
APPROVED 11 2, 3 and 4.
* C/M Hoffman MOVED to APPROVE the Consent Agenda Item 3,
* a through f, SECONDED by C/M Rohr.
VOTE: ALL VOTED AYE
OPEN PUBLIC FORUM
4. OPEN PUBLIC FORUM
Melanie Reynolds, Resident of Sands Point, had concerns
with selling the City Hall building for $750,000.00. She
said selling the property for this amount would be a
great loss. She said the City should not accept the one
appraisal given to the City.
Mrs. Reynolds said the Tam -A- Gram published in February
did not mention anything regarding the candidates for the
March, 1988, election and she felt this matter reflected
poor reporting.
City Manager Kelly said the City received one appraisal
on the sale of City property and there were no bids
received.
C/M Stelzer said
the City bought the
building for
$650,000.00.
Dr. Alfred Wald,
Resident of Tamarac,
asked why the
project numbers
and dollar amounts on
the Drainage
Project for N.W.
76 Street were being
changed constantly.
Mayor Hart suggested
Dr. Wald refer to
this matter when
the Item was up
for discussion.
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REPORTS
5. City Council
C/M Hoffman - Reported that he was disturbed by the insinuations
OY—wrong doing towards the City staff and members of the
Council. He said the insinuations were considered and
rejected by the Charter Board because they had no basis
of fact. He said the innuendos were an attempt to
assassinate a character. He said if the Councilmember
who was bringing these charges had indication of
malfeasance, misfeasance or nonfeasance or information of
illegal conspiracy, he should produce that evidence. He
said if the Councilmember did not have proof of the
charges, then he should apologize to all concerned and be
done with the shameful incident. He said this matter
should be closed so the City Council could continue being
concerned with doing the people's business.
C/M Rohr - Reported that he agreed with C/M Hoffman
that the City staff and Council are looked at as being
incompetent. He suggested to whoever sits on the dais
that they think of the total effect of their accusations
towards the City staff and Councilmembers before they
publicize their concerns.
C/M Rohr read a letter given to Irving Weber, Chairman of
the Charter Board, by Robert Dunckel, Charter Board
Attorney, which said, "As the result of the Hearings had
in the Stelzer matter on Monday, January 18, 1988, 1
recommend that a transcript of the proceedings be made
available to all Boardmembers present and future as an
example of how to carefully circumscribe the powers of
the Charter Board. My long term goal is that the Charter
Board's power be zealously guarded from being used as an
offense tool by either the political majority or a
minority. The Investigatory Powers and Procedures set
forth in the Charter, with certain exceptions,are of
overall benefit to a politically active retiree
community, such as Tamarac. It is important that the
investigatory mechanism be zealously guarded against
Political oppression. To that end, it is imperative that
the Investigatory Procedures be followed strictly and, if
the facts as alleged do not constitute a violation of the
specifics laws, then the inquiries should be put to an
end. To that end, I would strongly urge that you delete
the word "dishonesty" from the enumerated powers of the
Board. Such a term has no place in the listing of
offenses as it does not constitute a definable legal
concept within excepted parameters. The term
"dishonesty" is to a subjective, a term, and loans the
investigatory process to abuse. If the process is
abused, its institutional integrity will be undermined
and its institutional function ultimately eliminated.
Respectfully, Robert B. Dunckel."
V/M Stein - No Report.
C/M Stelzer - Reported that Attorney Dunckel was being paid to
render legal decisions. He said the letter said nothing
about legal decisions. He said the letter discussed
political integrity and it was not Attorney Dunckel's
place to advise the Charter Board about politics.
C/M Stelzer said he appeared twice before the Charter
Board and both times he was muzzled. He said on October
28, 1987, an Item appeared on the Agenda discussi.na
Sunflower/Heathgate and N.W. 76th Street Drainage
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1/27/88
problem. He said he informed the City Manager that the
Sunflower/Heathgate project was never discussed and would
have the Item removed at the meeting. He said at the
meeting, V/M Stein removed the Item before C/M Stelzer
could give his reason for removal. He said the 76th
Street project with a $5,000.00 study, was approved at
that meeting. He said on December 23, 1987,
Sunflower/Heathgate and N.W. 76th Street appeared on the
Agenda for approval of bidding and backup papers were
received from the Engineering Department requesting a
budget transfer of $75,000.00. He said the budget
transfer for Sunflower/Heathgate had on the bottom of the
transfer papers, the request to have money used for the
76th Street drainaqe problem. He said he informed the
City Manager again that the problem was never discussed.
He said the City Manager spoke to V/M Stein and a revised
Agenda was created eliminating the Sunflower/Heathgate
project. He said he investigated the project from the
beginning and the Finance Director requested the budget
transfer be placed on the Agenda with an attachment of a
request for Sunflower/Heathgate and N.W. 76th Street.
C/M Stelzer said he informed staff that he felt this
matter was political. He said he believed V/M Stein was
gathering votes from the Sunflower/Heathgate district
because a letter was written 8 days before the City
Council meeting to the residents of Sunflower/Heathgate
stating that money was put aside for a
Sunflower/Heathgate drainage project. He said the letter
was published in the Sunflower/Heathgate bulletin.
C/M Stelzer said at the first Charter Board meeting, Vice
Chairman Wald said there were mistakes. He said Chairman
Weber wanted everything dismissed and did not want to
question those involved and Sol Robinson and the City
Manager said if the City wanted to have a decent hearing,
the people involved should be able to have input. He
said Chairman Weber was pressured into having the hearing
and special meeting on Monday, January 18, 1988 and
everyone was at that meeting except V/M Stein. He said
Attorney Dunckel said C/M Stelzer did not quote a Code
paragraph number in his complaint; therefore, the matter
was being dismissed.
C/M Stelzer said he submitted the papers to the State
Attorney's Office for review and possible action. He
said one of the employees was instructed by V/M Stein to
put the papers through showing both,,Sunflower/Heathgate
and N.W. 76th Street. He said the letter sent to
Sunflower/Heathgate had N.W. 76th Street on it; however,
someone changed N.W. 76th Street to read N.W. 76th
Avenue. He said he would no longer insist on
investigation by the City. ge said the State Attorney's
Office would handle the matter.
Mayor Hart - Reported that this matter should be put to an
end; however, the matter would not be brought to an end
because at this time, it was being reopened publicly. He
said he hoped this matter was not brought in front of the
press because of the affects it would bring to the
people. He said until the next election, he hopes the
City Council works for the interest of the people as
opposed to making the election political.
6. City Manager
City Manager Kelly - Reported on a memorandum he submitted to
t e C,ity CouCouncil regarding this matter dated January 25,
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1988, which said, "The purpose of this memorandum is to
formally advise all of you, as I have privately advised
C/M Jack Stelzer, that I have reviewed the serious
allegations that he has made regarding the Administrative
role of key staff in the preparation of the Agenda Item
that ultimately provided for the transfer of funds to the
N.W. 76th Street drainage project. Based on several
meetings that I personally conducted with all of these
individuals, I can only conclude and assure you that
staff acted properly and in good faith to 'expedite a
project that had been authorized by the City Council on
October 28, 1987. All persons implicated by the charges
categorically deny having received instructions regarding
this matter, from any member of the Council. I regret
those circumstances that allow perceptions to the
contrary to persist, but, I regret more that the
unsubstantiated allegations have been unfair to the
reputations and morale of the City employees. They
deserve better. As far as I am concerned, no useful
purpose beneficial to the City will be served by
continuing this matter further. Thank you."
City Attorney - No Report.
CONSIDERATIONS
General Administrative
8. MOTION TO APPROVE the purchase of Apple computer
equipment (two work stations sharing one laser printer) in
the amount of $12,877.53 under State contract in lieu of
bidding, with funds to come from City Clerk Office Equipment
Account 001-112-519-641.
SYNOPSIS OF ACTION:
APPROVED.
City Manager Kelly said these computers would be placed
in the City Clerk's Office for typesetting, layouts for
the Tam -A --Gram and the City Newsletter and other
projects. He said the computer system would be a cost
savings and an asset to the City.
* C/M Hoffman MOVED to APPROVE this Item, SECONDED by C/M Rohr.
VOTE: ALL VOTED AYE
Utilities/Engineering Department
9. MOTION TO APPROVE final payment in the amount of
$47,521.38 to Man -Con, Incorporated, and to ACCEPT the final
release of liens as provided by Man -Con for TUW Project 86-8,
Sod Farm Closure. P.O. 40981
SYNOPSIS OF ACTION:
APPROVED.
* V/M Stein MOVED to APPROVE this Item, SECONDED by C/M Hoffman.
VOTE: ALL VOTED AYE
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RESOLUTIONS
Community Development
10. MOTION TO ADOPT Temp. Reso. 44909 authorizing the
appropriate City officials to execute a contract with the
Florida Department of Community Affairs to accept a grant
in the amount of $30,390.00 for the Local Government Compre-
hensive Planning Assistance Program.
SYNOPSIS OF ACTION: RESOLUTION NO. R--88-17 - PASSED
APPROVED.
City Attorney Doody read Temp. Reso. #4909 by title.
* C/M Hoffman MOVED to APPROVE Temp. Reso. #4909, SECONDED by
* C/M Rohr.
VOTE:
Police Department
ALL VOTED AYE
12. MOTION TO ADOPT Temp. Reso. #4911 awarding bid #88-12
to Ed Morse Chevrolet men (10) 1988 police patrol vehicles
at $13,053.75 per vehicle.
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-88-18 - PASSED
City Attorney Doody read Temp. Reso. #4911 by title.
* V/M Stein MOVED to APPROVE Temp. Reso. #4911, SECONDED by
* C/M Rohr.
C/M Hoffman asked where the money would come from for
this purchase and City Manager Kelly said the Finance
Department had the monies available for this purchase.
C/M Hoffman asked if the money was to come from the sale
of the City Hall and Public Works buildings and City
Manager Kelly replied yes; however, the purchase was
subject to funds from 001-218-521-640, Police Vehicles,
being replaced from the sale of the properties.
VOTE:
AGENDIZED BY CONSENT
ALL VOTED AYE
22. MOTION TO ADOPT TeT2. Reso. #4914 approving a revised site
plan and related documents for BARNETT BANK (located at the
northeast corner of University Drive and. N.W. 82 Street).
SYNOPSIS OF ACTION: RESOLUTION NO. R-88-23 - PASSED
AGENDIZED by Consent on Page 1.
APPROVED.
City
Attorney Doody read Te� mp. Reso. #4914 by
title.
Mike
Von Hofen,
Assistant City Planner, said
the property
was
located at
the northeast corner of University
Drive
and
N.W. 82nd Avenue and was currently zoned
B-2. He
said
there are
1.33 acres of property and the
Planning
Commission
and
staff recommend approval.
Mitch Ceasar, Representative for the developer, said this
would be a one story building for Barnett Bank and the
traffic impact would be minimal.
A
Page 7
1/27/88
Donald Bryan, of Bryan/Reynolds & Associates, exhibited a
drawing of the site plan and said all criteria needed for
this plan had been met.
* C/M Hoffman MOVED to APPROVE Temp. Reso. #4914, SECONDED by
* C/M Rohr.
VOTE: ALL VOTED AYE
Utilities/Engineering Department
13. MOTION TO ADOPT Temp. Reso. #4906 awarding Bid #88-10
the amount of $73,524.00 to Man -Con, Incorporated, for the
WOODLANDS DRAINAGE IMPROVEMENTS project.
SYNOPSIS OF ACTION: RESOLUTION NO. R--88-19 -- PASSED.
APPROVED.
City Attorney Doody read Temp. Reso. #4906 by title.
Bill Greenwood, Director of Utilities/Engineering, said
there were 5 bids received and Man -Con, Incorporated, was
the lowest responsible bidder in the amount of
$73,524.00.
* V/M Stein MOVED to APPROVE Temp. Reso. #4906, SECONDED by
* C/M Rohr.
C/M Stelzer asked why there were no budget requests for
transfer of funds for the project and Bill Greenwood said
the project was included in the budget for October 1,
1987.
C/M Stelzer said the $200,000.00 was left over from the
drainage project east of 441.
Bill Greenwood said the money for this project had
nothing to do with the N.W. 76th Street project.
C/M Stelzer asked why funds had to be transferred for the
N.W. 76th Street project and a transfer of funds was not
needed for this project.
Bill Greenwood said the project for the Boulevards was
cancelled by the City Council and another project was
approved with the monies from the cancelled project
transferred to an account for the 76th Street Project.
C/M Stelzer asked where the monies for the Woodlands
Drainage project were coming from and Bill Greenwood said
each account was filed separately by the Finance
Department. He said the original money in the October 1,
1987 approved budget for the Woodlands Drainage project
was in the amount of $200,000.00. He said Woodland
Drainage project was a line item in the budget.
*ape 2
C/M Hoffman MOVED to APPROVE Temp Reso. #4906, SECONDED by
* V/M Stein.
C/M Hoffman asked City Manager Kelly if he was satisfied
with this project and with the monies being in place and
City Manager Kelly answered that he was satisfied.
VOTE:
ALL VOTED AYE
Page 8
1/27/88
14. MOTION TO ADOPT Te� mp. Reso. #4905 awarding Bid #88-11
in the amount of $89,334.00 to Campanella Construction Corp.
for the N.W. 76 STREET DRAINAGE IMPROVEMENTS project.
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-88-20 - PASSED
City Attorney Doody read Temp. Reso. #4905 by title.
Bill Greenwood, Director of Utilities/Engineering, said 6
bids were received for this project and Campanella
Construction Corp. was the lowest responsible bidder in
the amount $89,334.00.
* V/M Stein MOVED to APPROVE Temp. Reso. #4905, SECONDED by
* C/M Hoffman.
C/M Stelzer said the amount approved by Council for
transfer was $175,000.00 and asked what would happen
with the difference in the money.
Bill Greenwood said the money would remain in the
drainage improvement fund as an unexpended expenditure.
Mayor Hart asked Dr. Wald if he had any questions and Dr.
Wald said his questions were answered.
VOTE: ALL VOTED AYE
15. MOTION TO ADOPT Temp. Reso_ #4904 expressing the
CrVty's rntent to enter into an Agreement with Broward County
to purchase additional capacity of 0.9 million gallons per
day of treatment capacity and 2.9 million gallons per day of
transmission capacity.
SYNOPSIS OF ACTION: RESOLUTION NO. R-88-21 - PASSED
APPROVED.
City Attorney Doody read Temp. Reso. #4904 by title.
Bill Greenwood, Director of Utilities/Engineering, said
when the City Council decided to eliminate the sewage
treatment plant and rejoin Broward County's Regional
Sewage System (201 Project), capacities were -already used
up within the sewage treatment plant and the only way to
obtain the capacities was by leasing. He said the City
entered into Agreements with Pompano Beach, Deerfield and
Broward County.
Mr.Greenwood said staff has been working with Broward
County to have the lease with Broward County changed to
an outright purchase. He said the City would not be
paying for the property twice if the purchase was made.
He said the amount for direct purchase would be in the
amount of $731,972.00 and,under the existing Lease
Agreement until January 1, 1992, the City agreed to pay
the lease amount until January 1, 1992 and then pay the
entire equity. He said by paying for the equity earlier,
the amount was not spent twice. He said once the
Agreement was finalized and submitted to the City, the
Agreement would be reviewed by the City Attorney, City
Council and City Manager before signatures were made.
* V/M Stein MOVED to APPROVE Temp. Reso. #4904, SECONDED by
* C/M Hoffman.
VOTE:
ATJ VOTED AYE
Page 9
1/27/88
Mayor Hart RECESSED this meeting at 9:50 A.M. and
RECONVENED at 10:05 A.M. with all present.
Mayor Hart announced Items 20 and 21 would be discussed
and acted upon at 5:05 P.M. because the law required an
evening Public Hearing.
PUBLIC HEARING - 10:00 A.M.
Community Development
16. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #4912
concerning request equest by 5TATE FARM SERVICES CENTER for limited
parking waiver under the provisions of Section 18-9 of the Code
to waive the requirements of Section 18-3(l)(d) to allow ninety
(90) degree parking at a proposed State Farm Service Center on
the north side of McNab Road between NW 80 Avenue and NW 84
Terrace which is zoned B-6 (Business District). Petition
#2-Z-88.
SYNOPSIS OF ACTION: RESOLUTION NO. R-88-22 - PASSED
Public Hea xr ng Held.
APPROVED.
City Attorney Doody read Temp. Reso. #4912 by title.
Mike Von Hofen, Assistant City Planner, said this Center
would be located at Lots 4, 5 and 6, Block 35, McNab and
Commercial Subdivision, on the north side of McNab Road.
He said the Center requested ninety (90) degree parking
which requires a.waiver. He said the Planning Commission
denied this request; however, staff recommended approval.
He said the Planning Commission did not see where the
hardship was. He said he was informed by memo that State
Farm was delinquent on their advertisement fees and
recommended approval of this Item subject to a condition
that the advertisement fees be paid. He said staff
believes ninety (90) degree parking would be better for
egress/ingress and for traffic impact. He said the
number of spaces requested was double what the Code
required because the activities would be on the service
center site.
Mayor Hart Opened the Public Hearing.
Joe Padwa, Resident of Concord Village, was opposed to
ninety (90) degree parking because of safety hazards
involved. He said it was easier to angle park then to
park at ninety (90) degrees.
Mayor Hart Closed the Public Hearing with no further
response.
V/M Stein said he disagreed with the public who believed
ninety (90) degree parking to be dangerous. He said most
communities were using ninety (90) degree parking because
it was safer. He said unless there was a hardship, he
would favor ninety (90) degree requirements being made by
the City.
C/M Hoffman said he agreed that ninety (90) degree
parking was safer. He said when he backs out of a ninety
(90) degree parking space, he could see to the left and
the right behind him with no problems; whereas, angle
parking subjected people to blind spots while pulling
out. He asked City Attorney Doody if the Ordinance for
Page 10
J
1
1
1/27/88
ninety (90) degree was being revised, which would permit
the Planning Department to require ninety (90) degree
parking without the City Council's approval.
City Attorney Doody said he had a request for a
comprehensive change for all of Chapter 18 on his desk.
He said there were concerns over other provisions;
however, he would recommend that the City staff bring
selected provisions from Chapter 18 to the City Council
for approval. He said ninety (90) parking would be one
of those provisions.
C/M Rohr asked if the proposed changes for ninety (90)
degree parking would allow the developer to have the
option of parking instead of always going for variances
for the property and Mr. Von Hofen said the provision
would be including ninety (90) degree parking.
C/M Stelzer recommended ninety (90) degree parking for
the City.
Mayor Hart agreed that ninety (90) degree parking was
good for the City. He asked if the parking stones were
needed for the parking spaces and Mike Von Hofen said
yes, because if the stones were not there, then there
would be chaos with the parking because people would be
taking more space then needed.
VOTE:
ALL VOTED AYE
ORDINANCES
Community Development
17. a. MOTION TO ACCEPT Affidavits of Publication and Posting
for Temp. Ord. #1374. Petition #36-Z-87
b. PUBLIC HEARING - MOTION TO ADOPT Temp._Ord. #1374
on second reading concerning the rezoning by the City of
Tamarac of lands on the south side of Southgate Boulevard,
approximately 700 feet east of NW 88 Avenue, from B-3
(General Business) to RM-5 (Residential Multiple Dwelling)
to conform to the approved City of Tamarac Land Use Plan.
Petition #36-Z-87
SYNOPSIS OF ACTION: ORDINANCE NO. 0-88-3 - PASSED
Public Hearing Held.
a) ACCEPTED Affidavits
b) APPROVED on second reading.
* a. C/M Rohr MOVED to ACCEPT the Affidavits of Publication and
* Posting for Temp. Ord. #1374, SECONDED by V/M Stein.
VOTE: ALL VOTED AYE
b. City Attorney Doody read Temp. Ord. #1374 by title.
Mayor Hart Opened and Closed the Public Hearing with no
response.
* C/M Hoffman MOVED to APPROVE Temp. Ord. #1374 on second
* reading, SECONDED by V/M Stein.
VOTE:
ALL VOTED AYE
18. a. MOTION TO ACCEPT Affidavits of Publication and Posting for
Temp. Ord. #1375. Petition #38-Z-87
Page 11
1/27/88
b. PUBLIC HEARING -- MOTION TO ADOPT Tea. Ord. #1375
on second concerning a request by STUART FEINER
to rezone lands on the east side of NW 88 Avenue, south
of Colony West Clubhouse, from RM-10 (Planned Apartments)
to R-3U (Row House). Petition #38-Z-87
SYNOPSIS OF ACTION: ORDINANCE NO. 0-88-4 - PASSED
Public Hearing
a) ACCEPTED Affidavits
b) APPROVED on second reading.
* a. V/M Stein MOVED to ACCEPT Affidavits of Publication and Posting
* for Temp. Ord. #1375, SECONDED by C/M Hoffman.
VOTE: ALL VOTED AYE
b. City Attorney Doody read Te^ mp. Ord. #1375 by title.
Mike Von Hofen, Assistant City Planner, said the Planning
Commission and staff recommend approval of this Item. He
said the rezoning would permit 41 Units.
Mark Thompson of Darby & Way, said the development would
be reducing the units from 48 to 41 and the building
height would be reduced from 3 story to 1 story. He said
the development was going from a garden apartment concept
to a townhouse concept and the recreation would be
increased by 6,500 square feet. He said the public road
design would be used with the City of Tamarac standards
for engineering and construction. He said the units
would be villa style with 5 to 6 villas per building.
Mayor Hart opened and closed the Public Hearing with no
response.
* C/M Hoffman MOVED to APPROVE Temp. Ord. #1375 on second
* reading, SECONDED by C/M Rohr.
VOTE: ALL VOTED AYE
19. a. MOTION TO ACCEPT Affidavits of Publication, Mailing and
Post ng for Tem2. Ord. #1377. Petition #1-Z-88
b. PUBLIC HEARING - MOTION TO ADOPT Tem2.Ord. #1377
on first reading concerning a request by ENRIQUE WOLF &
NAFTALIE REITER, TRUSTEES, to rezone lands on the north
side of Commercial Boulevard between NW 82 Avenue and NW
84 Terrace from B-1 (Neighborhood Business) to B--2 (Planned
Business). Petition #1-Z-88
SYNOPSIS OF ACTION:
Public Hearing g Held.
a) ACCEPTED Affidavits
b) APPROVED on first reading.
* a. V/"". Stein MOVED to ACCEPT Affidavits of Publication, Mailing
* and Posting of Temp. Ord. #1377, SECONDED by C/M Hoffman.
VOTE: ALL VOTED AYE
b. City Attorney Doody read Temp. Ord. #1377 by title.
Mike Von Hofen, Assistant City Planner,.said the property
was located between Commercial Boulevard and N.W. 57th
Street. He said the property consists of 3 lots in the
Line Subdivision 4, 5 and 6 and is 2.2 acres in size. He
said staff recommended approval to the Planning
C,:,rmission; however, the Planning Commission did not give
Page 12
1/27/88
approval. He said in December, 1987, the City Council
approved property along Commercial Boulevard from 79th
Avenue to 82nd Avenue to be zoned from B-1 to B-2. He
said the Code stated that the intention of the B-2 zoning
district was to encourage the development of intensive
commercial facilities providing wide range of services
adjoining at least one major arterial highway and
servicing a consumer market of substantial territory. He
said Commercial Boulevard is classified as an arterial
highway.
Mayor Hart asked if there was a member of the Planning
Commission present to explain why the Item was not
approved.
Mr. Von Hofen said the Planning Commission indicated that
they would like to know what type of use would be on the
property before they could approve it.
City Attorney Doody said zoning and site plan approval
were two different matters and, in zoning, the uses were
to be looked at for the site. He said specific use
should not be considered when approving a rezoning
petition. He suggested City Council limit their decision
on the district only.
Mayor Hart said the second hearing on this Item would be
at the February 10, 1988 City Council meeting.
Mayor Hart Opened and Closed the Public Hearing with no
response.
Enrique Wolf, Trustee, said the developer was not looking
to put property on this land. He said with the property
zoned B--1, it was difficult to obtain a developer or buyer
for the land because the land was limited to certain
uses.
* V/M Stein MOVED to APPROVE Temp. Ord. #1377 on first reading
* SECONDED by C/M Hoffman.
C/M Stelzer asked why the Ordinance indicated the
Planning Commission's denial on Item 16 and this
Ordinance did not.
City Attorney Doody said he reviewed the Ordinance;
however, he did not draft it, but, it was his
responsibility to see that the Ordinance was correct. He
said the Ordinance was a standard form used for rezoning.
He said he would see that the Planning Commission's
denial or approval was placed in the Ordinance. C/M
Hoffman suggested the reason for denial also be placed in
the Ordinance.
City Attorney Doody said the denial would be submitted by
memorandum to Council as opposed to putting it in the
Ordinance.
VOTE: ALL VOTED AYE
Mayor Hart RECESSED this meeting at 10:30 A.M.
Mayor Hart RECONVENED the meeting at 5:05 P.M. with All
Present with Larry Perretti present as Acting City
Manager. i
I
J
Page 13
1/27/88
AGENDIZED BY CONSENT
23. COLONY WEST GOLF COURSE CLUBHOUSE approving a revised
site plan reYlecting adaddition of a first floor bar and grill.
SYNOPSIS OF ACTION:
AGENDIZED by Consent
(See Pages 15 =,.., for Final Action)
* C/M Stelzer MOVED to AGENDIZE this Item, SECONDED by V/M Stein.
VOTE: ALL VOTED AYE
PUBLIC HEARINGS - 5:05 P.M.
Community Development
20. PUBLIC HEARING - MOTION TO ADOPT Tem . Ord. #1316 on second
reading to amend Section 287171 oe Cie pertaining to
fees, applications, and approvals and conditions for outdoor
(sidewalk) sales.
SYNOPSIS OF ACTION: ORDINANCE NO. 0-88--5 -- PASSED
Public Hearing Held.
APPROVED on second reading.
City Attorney Doody read Temp. Ord. #1316 by title.
Mike Von Hofen, Assistant City Planner, said the
Ordinance would amend Chapter 28, Section 171, Business
Uses, requiring that sidewalk sales had to apply 10 days
prior to the request by writing to the Supervisor of
Occupational Licenses. `He said a permit fee would be
needed and the amount for the fee was $5.00. He said the
outdoor storage display of merchandise would not impede
the normal pedestrian movement on the sidewalk or
interfere with the entrance or exits of the premises.
Mayor Hart Opened and Closed the Public Hearing with no
response.
* C/M Hoffman MOVED to APPROVE Temp. Ord. #1316 on first reading,
* SECONDED by V/M Stein.
VOTE: ALL VOTED AYE
21. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1367 on second
reading to amend Article V of Section 28-34 (b) of the Code
to allow non-profit governmental schools as a permitted use
in the R-IB and R-1C One --Family Dwelling Districts.
SYNOPSIS OF ACTION: ORDINANCE NO 0-88--6 - PASSED
Public Hears g Held.
APPROVED on second reading.
City Attorney Doody read Temp. Ord. #1367 by title.
Mike Von Hofen, Assistant City Planner, said this
Amendment would permit non-profit governmental schools in
the R-lB and the R-lC areas. He said staff and the
Planning Commission recommended approval.
Mayor Hart Opened and Closed the Public Hearing with no
response.
* C/M Hoffman MOVED to APPROVE Temp. Ord. #1367 on second reading,
* SECONDED by V/M Stein.
Page 14
1/27/88
VOTE: ALL VOTED AYE
AGENDIZED BY CONSENT
23.' COLONY WEST GOLF COURSE CLUBHOUSE approving a revised
site plan reT1e�ctzng adaddition of a first floor bar and grill.
SYNOPST;J . -E ACTION:
AUEND1ZED Consent on Page 14.
DISCUSSND..
C/N_ Stelzer said City Council had the right to make the
proper changes on a Site Plan if there were improper
zoning matters. He said he discussed the matter with the
Planning Department and realized the safest thing to do
was to rezone the S-1 zoning to permit restaurants. He
said it would take 4 to 6 weeks to change the zoning for
Colony West. He asked if Colony West could begin
building subject to the Certificate of Occupancy being
given providing the zoning change was complied with.
City Attorney Doody said Colony West could not begin
building until the zoning change was approved. He said
the notice of requirements could be expedited; however, a
permit could not be pulled for commercial use in an S-1
District. He said if the property owner was to get
approval for a non -conforming use, there would always be
a problem with expanding, repairs, etc.; however, if the
zoning Ordinance was approved by Council, then there
would be no problems.
C/M Stelzer asked if therezoning went to
reclassification, could the property owner place any type
of sign he wanted at the restaurant and City Attorney
Doody said it was difficult to discuss an Ordinance that
was not before the Council. City Attorney Doody said it
would depend on the Planning Department's
recommendations.
Mayor Hart asked if the rezoning had to have two hearings
and City Attorney Doody replied, yes.
V/M Stein said he would be opposed to having a restaurant
sign placed on this property because every golf course
would want to open a restaurant. He said as an auxiliary
use without signs, the ability would be restricted.
Mike Von Hofen said he thought the Code regarding
non --conforming uses said anything prior to February,
1972, met the Code. He said if the development met the
Code, such as Sabal Palm Golf Course, they would be a
legal non -conforming use. He said anything after
February, 1972 was not. He said he would like to
investigate the matter further.
V/M Stein asked City Attorney Doody to take under
consideration when the Ordinance was drafted that the
City Council wants to have the non -conforming use
restricted. He said he did not want to have every golf
course with a restaurant.
TAPE 3
City Attorney Doody said this matter had to go before the
Planning Commission on February 3, 1988. Speaking to the
Property Owner, City Attorney Doody said even if it took
a tew extra weeks, the benefit of having the rezoning
approved was far better than continuing without the
rezoning.
1
Page 15 ��
1/27/88
Mayor Hart ADJOURNED the meeting at 5:30 p.M.
AEARnD—HIART, MAYOR
CA L E. BARBUTO, CITY CLERK
"This public document was promulgated at a cost of $129.60 or $3.60 per
copy to inform the general public, public officers and employees of
recent opinions and considerations of the City Council of the Cli.ty of
Tamarac."
(AT Y OF TAMARAC
APPROVED AT MEETING OF �`f 99
2,4�— -
City Cluk
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1
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