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HomeMy WebLinkAbout1988-01-27 - City Commission Regular Meeting Minutesiq u � �n OR1�P P.O. BOX 25010 TAMARAC, FLORIDA 33320 1 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. Page 1 1/27 /88 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. 1 1 1 Page 2 1/27/88 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. Page 3 1/27/88 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. 1 1 Page 4 1/27/88 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. Page 5 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. 1 E 1 Page 6 1/27/88 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. Page 1 v 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 1 1 Page 2 �J 1/27/88 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. i Page 3 �J 1/27/88 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 Page 4 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, Page 5 U 1/27/88 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 Page 6 i 1 1/27/88 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 1 1 Page 16