Loading...
HomeMy WebLinkAbout1987-02-25 - City Commission Regular Meeting Minutes�c ID)* P O Box 250 ;C TAMARAC FLORI[JA 33.320 Is REPORTS OF COUNCIL__ACT_ION AND DISCUSSION_ CITY OF TAMARAC CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY,,FEBRUARY 254_1987 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 designating February 26, 1987, as "SOVIET JEWRY RECOGNITION DAY". FINAL ACTION: Mayor Hart presented the proclamation and Norman Karr accepted. 2. PRESENTATION by Mayor Hart of a proclamation designating March 16 to March 21, 1987, as "BROWARD COUNTY CHAPTER #1698 NARFE ALZHEIMER WEEK". FINAL ACTION: Mayor Hart presented the proclamation and Willard Zweig accepted. 3. PRESENTATION by ANN WHITE of WOMEN'S SHOWCASE. FINAL ACTION: PRESENTATION made by Ann White. 4. PFBONI ►TION by William Greenwood, Director of Utilities/Engineering, and members of this department concerning Utilities/Engineering overview. FINAL ACTION: PRESENTATION given by William Greenwood, Shirley Kruger, Records Management Clerk, Lonnie Scott, Sr. Supervising Foreman. 2/ 5/87 CONSENT ., AGENDA .t Items listed under Consent Agenda, Item 5, are viewed to be routine and the recommendation will be enacted by one oI o 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 Dgpa.tment 5. A. NOTION TO ADOPT TeMp. R so #4517 releasing a cash bond in the amount of $700.00 posted for beautification by WOODLANDS DAY SCHOOL, Permit #1990. FI,,L ACTION: RESOLUTION NO. R-87-68 - PASSED APPROVED. B. MOTION TO ADOPT Tem . Reso. #4518 releasing a cash bond in the amount of $1,500.00 posted as a homeowner warranty against defects by DAVID HOUSE and RICHARD MCKENSIE for Lot 2, 5209 Sago Palm Boulevard. RESOLUTION NO. R-87-69 - PASSED APPROVED. City Clerk C. M TI N 0 PP OVE the minutes of the City Council Regular Meeting of 1/27/87. FI AL ACTIO : APPROVED. i1tti.lities/Erigiineerina D. TI O APPR VE a Water and Sewer Developer's Agreement for WOODMONT TRACT 72B, LOT 11, SACHS- KLEMOW, INC. FINAL ACTION: APPROVED. E. 1. MOTION TO ADOPT Temp. Res . #4519 releasing performance Letter of Credit No. NBV-611 in the amount of $56,425.00 posted by Turnpike Center Associates for public improvements at ISLAND CLUB APARTMENTS subject to receipt of a one-year warranty bond in the amount of $14,106.25. 2. NOTION TO AD PT T eso. #4520 accepting a Bill of Sale for the water distribution and sewage collection system improvements at ISLAND CLUB APARTMENTS. FINAL CTION• APPROVED �1 • & 2. 41 general Administrative RESOLUTION NO. R-87-70 - PASSED RESOLUTION NO. R-87-71 - PASSED TI N D PT -emp. Reso. #4523 authorizing the Mayor to appoint a five (5) member committee to investigate the feasibility of establishing a childrens recreation center to be located in or near the Sunflower/Heathgate Development. FIN ACTION: RESOLUTION NO. R-87--72 - PASSED REMOVED for separate discussion and then APPROVED. 11 2/g5/87 a CON IDERATION Building/Community Development 6. MOTION TP,-APPROVE a budget transfer from the General Fund to the Building Department for additional equipment and personnel. FINAL ACTION: APPROVED. 7. MOTION TO APPROVE a request by the Tamarac Chamber of Commerce to hold its sixth annual Street Fair on Sunday, April 5, 19871 and to permit closing off a Portion of NW 57 Street in the vicinity of the Post Office and to waive any building permit or occupational license fees. FINAL ACTIO : APPROVED. RECES5 BREAK=10:00_ A.M. 8. A short recess break will be taken at 10:00 A.M. for dedication of landscaping at City Hall with Cardinal Industries. FINAL ACTION: Mayor Hart recessed for the dedication. RESQLUTIONS Pe sonnel Insuranc 9. M TION TO ADOPT Tgmp. Reso.-.44521 awarding a bid for Long Term Disability Insurance, Bid #87-3. FINAL ACTION: RESOLUTION NO. Rw-87-73 - PASSED APPROVED and AWARDED to North American Life for a premium of .61% of covered payroll, or a total estimated monthly premium of $3,685.41. -`- P BLIC HEARING- 5:05 P.M. - This Public Hearingwas advertised for 2:00 P.M.; however, at the request of the applicant, the Public Hearing will be held at 5:05 P.M. instead. 10. QIQN TQ_ADOPT Temp.Reno._#4522 granting a limited Parking waiver requested by BARRY S. EDEN for twenty two (22) parking spaces at WOODMONT PLAZA for ALL SAINTS LUTHERAN CHURCH in a 1500 square foot bay at 7915 W.'McNab Road. FINA L ACTION: RESOLUTION NO. R-87-75 - PASSED APPROVED. Public Hearing held. ORDINANCES - 41 PUBLIC HEARING-,_10;00_ A.M. 11. MOTION T D F T d 1315 on second reading to adopt the Recertified Land Use Plan Element of Tamarac's Comprehensive Plan. FINAL ACTION: ORDINANCE NO. 0-87-7 - PASSED APPROVED on second reading. Public Hearing Held. 2/ 5/87 REVISED 3 3 87 * PUBLIC EARI G - 5:05 P.M. I 41 12. MOTION TO ADQPT Te d. 11270 on first reading to amend Chapter 28 of the Code by repealing Articles XX (M-1 Light Industrial) and XXI (M-2 Medium Industrial) and creating a new Article XX (LI-1 Light Industry). FINAL ACTION: APPROVED with amendments to be made before second reading on Wednesday, March 11, 1987 at 7:30 P.M. Public Hearing held. 13. MOTION TO ADOPT Temp. Ord._ #1289 on first reading to amend Chapter 28 of the Code to provide for elimination of twenty-six (26) permitted uses from the B-2 (Planned Community Business) District classification and to provide for additions to the Special Exception Approval List. FINAL ACTION: APPROVED with amendments to be made before second reading on Wednesday, March 11, 1987 at 7:30 P.M. Public Hearing held. 14. OPEN PUBLIC FORUM - Any member of the public who wishes to address the City Council at this time must, in advance of the item, give his/her name and address to the City Clerk. PES ARER$: Vickj_Dgech, had concerns regarding the Tam -A -Gram and the purpose it has been serving. Harold Newman, Resident of Westwood 23, had concerns with the medians on 77th Street and Pine Island Road and the beautification. Lou Silverman, Editor of the Tam -A -Gram, had concerns with the distribution of the Tam -A -Gram and asked to receive any complaints on the Tam--A-Gram so he could make any necessary changes. REPORTS 15. City Council 16. City Manager 17. City Attorney E DIZED BY CONSENT 18. MOTION.,T.O PP VE TeMP, ERSO. #4527 authorizing the appropriate City Officials to call a bond posted by Tamarac Market Place Land Trust for Tamarac Market Place. FINAL ACTION: APPROVED. RESOLUTION NO. R-87-74 - PASSED 19. PRESENTATION and report by Attorney Sergio Mena. FINA ACTiO : * REPORT was given on the ESM litigations and APPROVAL by Council was given to Attorney Mena to proceed with the litigation for the expenditure of $4,000.00. 2/ 5/87 The City Council may consider and act upon such other business as may come before it. r 41 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 Following are the residential and commercial zoning districts in the City: A-1 - Limited Agricultural A-5 -- Agricultural/Excavation B-1 - Neighborhood Business B-2 - Planned Community Business B-3 - General Business B-5 - Limited Business District B-6 - Business District I-1 - Institutional M--1 - Light Industrial M-2 - Medium Industrial R-1 - Single Family Residence R-1 B & R-lC - One Family Dwelling R-2 - Two Family Dwelling R-3 - Low Density Multiple Dwelling R-3U - Row House R-4A - Planned Apartment R-5 - Motel/Hotel RD-7 - Two Family Dwelling RM-5 - Residential Multi -Family Dwelling RM-10 - Planned Apartment S-1 - Open Space/Recreational T-1 - Trailer Park District Page 5 2/25/87 CITY OF TAMARAC REGULAR CITY COUNCIL MEETING WEDNESDAY, FEBRUARY 25, 1987 TAPE 1 CALL TQ ORDER: Mayor Hart called this Regular City Council Meeting to order at 9:00 A.M. in the Council Chambers at City Hall. ROLL CALL: Mayor Bernard Hart Vice Mayor Jack Stelzer Councilman Arthur H. Gottesman Councilwoman Helen Massaro Councilman Sydney M. Stein ALSO PRESENT: John P. Kelly, City Manager A. Bryant Applegate, City Attorney Carol E. Barbuto, City Clerk Pauline Walaszek, Secretary MEDITATION AN PLEDGE OF ALLEGIANCE: Mayor Hart called for the Pledge of Allegiance followed by a Moment of Silent Meditation. AGENDIZED BY CONSENT 18. M TION TO FFR VE Tem so. 4527 authorizing the appropriate City Officials to call a bond posted by Tamarac Market Place Land Trust for Tamarac Market Place. SYNOPSIS OF ACTIO : AGENDIZED by Consent. (See Page 10) * V/M Stelzer MOVED to AGENDIZE this Item by Consent, SECONDED by C/W Massaro. VOTE: ALL-YQTED AYE 19. ERESENTATION and report by Attorney Sergio Mena. SYNOPSIO OF ACTION: AGENDIZED by Consent. (See Page 3) * V/M Stelzer MOVED to AGENDIZE this Item by Consent, SECONDED * by C/M Stein. VOTE: ALL VOTED_„ AYE GAuxal Administrative 5. F. MQTIQN TO_,_jDQPT Tjmp. Reso,,#4523 authorizing the Mayor to appoint a five (5) member committee to investigate the feasibility of establishing a children's recreation center to be located in or near the Sunflower/Heathgate Development. SYNOU10 OF ACTION: REMOVED for separate discussion. (See Page 7) V/M Stelzer Discussion. REQUESTED this Item be REMOVED for Separate 2/25/87 PAGE 1 /pw INTRODUCTION 1. PRES_ENTATION by Mayor Hart of a proclamation designating February 26, 1987, as "SOVIET JEWRY RECOGNITION DAY". SYNOPSISOF ACTION: Mayor Hart presented the proclamation and Norman Karr accepted. Mayor Hart said the Proclamation was duplicated because there would be two meetings. He read the proclamation which designated February 26, 1987 as "Soviet Jewry Recognition Day" and Norman Karr accepted the proclamations. 2. PRESENTATION by Mayor Hart of a proclamation designating March 16 to March 21, 1987, as "BROWARD COUNTY CHAPTER #1698 NARFE ALZHEIMER WEEK". SYNOPs9IS OF ACTION: Mayor Hart presented the proclamation and Willard Zweig accepted. Mayor Hart said the Proclamation designated February 26, 1987 as "Broward County Chapter #1698 Narfe Alzheimer Week" and presented this to Willard Zweig accepted the proclamation. 4. PRESENTATION by William Greenwood, Director of Utilities/Engineering, and members of this department concerning Utilities/Engineering overview. SYNOPSIS OF ACTION: PRESENTATION given by William Greenwood, Shirley Kruger, Records Management Clerk, Lonnie Scott, Sr. Supervising Foreman. (See Attachment "1") L-1 City Manager Kelly said he had asked all the Department Heads and their employees to make a presentation to Council at the second Council Meeting of each month to inform Council and the Public of the functions and responsibilites of each Department. William Greenwood, Director of Utilities/Engineering, said Utilities/Engineering was comprised of three funds, the City General Fund in the amount of $300,000.00, Tamarac Utilities West Fund in the amount of $30,000,000.00, and Tamarac Utilities East Fund in the amount of $726,000.00. He said each fund was revenue generated and did not affect the City tax structure. Mr. Greenwood explained the 201 Force Main Project and its purpose. He said since 1984, implementation of mandated environmental improvements, because of new regulations by the State, have been occurring in Tamarac. He said to operate the utilities system, the cost was 7.6 million dollars and the remaining money out of the budget would go to capital improvement, debt service and bonds. He said the Administrative Department consisted of 79 employees with 5 division heads. There is a Customer Service Department which handles the billing, receipts, customer concerns, complaints and questions. He said engineering for capital improvement had 2 personnel assigned. 2/25/87 PAGE 2 /pw 7 Shirley Kruger, Records Management Clerk, said her job consisted of supervising 5 accounting clerks whose duties include customer service. She said incoming calls have been as much as 1010 filtering through her department. She said the customer service window accumulated 100 to 150 per day. She said 25 customers open a new service and the remainder close their accounts, pay their bills, request information and want their service restored. She said 10,400 checks were validated in a month bringing $852,000.00 in revenues. She said there was a shortage of computers in the department which has slowed the progress of the department, however, management assured the department that new computers are on the way which would improve customer service. Lonnie Scott, Senior Foreman of the Water Transmission and Distribution Department, said his job consisted of the maintenance of water mains, sewer mains, force mains, water lines and water service. He said he handles 164 miles of water main pipes and 40 miles of force main. He said his department maintains 1,000 fire hydrants and 50000 in -line main valves. He said he makes sure there is no contamin- ation in the water and there is a 24-hour service call for the Public. AGENDIZED_BY CONSENT 19. ERBSEWATION and report by Attorney Sergio Mena. SYNOPSIS OF ACTION: AGENDIZED by Consent. (See Page 1) REPORT was given on the ESM litigations and APPROVAL by Council was given to Attorney Mena to proceed with the litigation for the expenditure amount of $4,000.00. Sergio Mena, Representing Attorney for the ESM Litigations, said on March 3, 1987 it would be 2 years since the disaster and there would be a procedure available to file several law suits against the individuals. He asked for approval from the Council to attain judgements against the Officers and Directors of ESM, which have been convicted criminally at a prior trial and would be an expediture amount for the City of $4,000.00. TAPE 2 Mayor Hart asked for City Attorney Applegate's opinion and Mr. Applegate said he believed the litigation would be for the benefit of the City and if Council should decide to pursue the litigation, it could be handled by a Motion at this meeting. * V/M Stelzer MOVED to AUTHORIZE Attorney Mena to procede with * the litigation and pay the expenditure of $4,000.00 for the * procedure to Morgan, Lewis & Bochius, SECONDED by C/M Stein. VOTE: C/W Massaro - Stepped away C/M Gottesman - Aye V/M Stelzer - Aye C/M Stein - Aye Mayor Hart - Aye 7. MOTION TO APPROVE a request by the Tamarac Chamber of Commerce to hold its fourth annual Street Fair on Sunday, April 5, 1987, and to permit closing off a portion of NW 57 Street in the vicinity of the Post Office and to waive any building permit or occupational license fees. SYNOPSIS OF ACTION: APPROVED-. 2/25/87 PAGE 3 /Pw �. City Manager Kelly said the only concern with the fair would be for the banner being hung. Bob Jahn, Chief Building Official, said he could not give authorization because it would not be within the perimeter of the sign code. He said he would not object to the banner because it had been hung before. * C/M Stein MOVED to * holding its fourth * 1987, subject to * Director, SECONDED VOTE: APPROVE the Tamarac Chamber of Commerce annual Street Fair on Sunday, April 5, the terms and conditions proposed by their by C/M Gottesman. C/W Massaro V/M Stelzer C/M Gottesman C/M Stein Mayor Hart ORDINANCES 21LBILIC HEARING - 10:00 A.M. - Stepped away - Aye - Aye -- Aye - Aye 11. M TION TO ADOPT TeMp. Ord. #1315 on second reading to adopt the Recertified Land Use Plan Element of Tamarac's Comprehensive Plan. SYNOPSIS OF_ACTION: ORDINANCE NO. 0-87-7 - PASSED APPROVED on second reading. Public Hearing Held. City Attorney Applegate read Te.Mp. Qrd. #1315 by title. -Vicki Beech, Resident, asked Thelma Brown, City Planner, to give a synopsis of the action that is being requested by Council for this Item. Thelma Brown said the Ordinance would be a final cleanup of what the County had requested the City of Tamarac to do. She said the Amendments had been for Industrial and Commercial Classifications within Land Section 7, which involved 525 acres of land. She said most of the land would be used for Industrial classifications, however, the Ordinance, which would rezone the property, would not be heard until 5:05 P.M. this evening. She said the Ordinance would supplement the Land Use Plan Amendment required by Broward County, which would have to be done within 14 days after the approval of the Certified Plan. She said the residents had been concerned about the proposal and had asked if amendments could be made to the already proposed Ordinance. She said the Ordinance could not be changed unless a new Land Use Plan would be submitted, therefore, Broward County approved the Land Use Plan as proposed because it was in proper form. Florence Bochenek, Resident of 9910 NW 70 Street, said at the 2/19/87 Special City Council Meeting, the residents had been under the impression that only the Ordinance would be under consideration. She said that as she understands it, the plans would be proceeding and she asked why the Public Hearing had been divided. She said the residents had been confused as to attending and speaking at the meeting. She said the residents would like to know if their area would be buffered and asked if there would be any way the buffering could be done. Thelma Brown said the north half of the land had been residential and, after the City studied the area, an amend- ment had been submitted to Broward County. She said the Attorneys for the Developer had contacted Broward County with the information that the Developer had zoning rights to an Industrial Classification, which, in fact, the DevelopeR 2/25/87 PAGE 4 /Pw 7- did have. She asked the public to keep in mind that the City of Tamarac had to have a certain amount of Industrial Land. She said by eliminating the north half of land and zoning it residential, a deficit of industrial land had been created. She said Broward County viewed the deficit favorably and, at that time, the owners of the property did not object to the Land Use Plan Amendment. Florence Bochenek said the residents were not aware of the reading of the Ordinances and Ms. Brown said there were advertisements for the Ordinances and the residents who wished to speak were heard, however, everyone could not be worked with if their concerns had not been brought forward. She said the Land had been buffered and all of the concerns of the residents had been considered. Ms. Brown said amend- ments could not be made unless the City would file a new Land Use Plan Amendment one year from March, 1987. Florence Bochenek asked if the City could file a new Land Use Plan and Ms. Brown said the City could not file a new Land Use Plan without background. Mrs. Bochenek said if there were background then there could be amendments and Ms. Brown said the same question had been directed to Broward County because the residents had rights to the industrial zoning, however, the City would be in deficit. She said there would be a plan that protected all of the land areas surrounding the plan. She said the area would consist of more Office/Parks rather than light industrial and the heights of the buildings surrounding the core with being 35- feet and only the buildings within the core being 50-feet. Mayor Hart closed the Public Hearing with no further responses. C/M Gottesman said as a resident involved with Land Section 7, he had concerns of the land being degraded to where it would effect his property value. He said the County would not approve the 410 residential spaces allowable in the area because of several reasons, one being, it would not bring in sufficient income. He said any building facing McNab Road, which would face the Isles of Tamarac, would look like the front of the building, which had been verified in the Ordinance. He said anything that would be proposed, would have to comply with the U.S. Government Agencies. * * C/M Stein MOVED to ADOPT T d. #1315 on second reading, SECONDED by V/M Stelzer. Y-QTE: C/W Massaro - Stepped away C/M Stein - Aye V/M Stelzer - Aye C/M Gottesman - Aye Mayor Hart - Aye RECESS BREAK - 10:00 A.M. 8. A short recess break will be taken at 10:00 A.M. for dedication of landscaping City at Hall with Cardinal Industries. SYNOPSIS OF ACTIO : Mayor Hart recessed for the dedication. Mike COUZzo, Director of Public Works, said Cardinal Industries had offered to assist in the beautification of the City and, at this time, Cardinal would be installing plants in front of the present City Hall Complex. He then introduced Mr. Bob Strain, District Manager of Cardinal Industries. 2/25/87 PAGE 5 L,. /pw Mr. Strain said Cardinal Industries would be assisting in the beaufication of 18 Cities in Florida. He introduced Mr. Jim Bridgeman, Area and Department Manager, Indy Raft, District Manager, and Ilene and Michael Cant, Southgate - Apartment Managers, who will assist in the planting. He invited Council and the Public to participate in refreshments and observe the planting of the flowers. At this time Mayor Hart recessed the meeting. Mayor Hart reconvened the meeting at 10:45 A.M. 3. PRESENTATION by ANN WHITE of WOMEN'S SHOWCASE. SYNOPSIS OF ACTIO : PRESENTATION made by Ann White. Thelma Brown, City Planner, said the Planning Department had been working with Ms. White to locate housing for the Women's Showcase. She said there is a development located ajacent to the school along University Drive and there would be a few items to be amended, for example, the parking and seating arrangement. She said the State Representatives have been contacted regarding the funding of this facility and, presently, there had not been a solution to the grant situation. She said, however, this Showcase would be an asset to the City of Tamarac. Ann White, Director of Women's Showcase, said the showcase would be an alternative theatre and a cultural arts organization and was in need of a permanent base. She said the majority of the audience came from Tamarac and being located in Tamarac would be ideal for the Residents and the Showcase. C/W Massaro asked if the showcase would be a school and Ms. White replied, no, however, the showcase was a culturial arts organization, which meant, the showcase would be con- cerned with the artistic involvement of all people. She said there was planning for drama workshops and drama classes for all ages. Ms. White said the showcase was a non-profit, tax exempt entity. C/W Massaro asked if the building for the showcase would meet the needs for the residents and Ms. Brown replied, yes. Manny Gutierrez, Architect, said the building for the showcase would be placed in a development already approved and he would be sure the showcase would not be an eye -sore. Building Department 5. A. MOTION TO ADOPT Temp. Reso_._44517 releasing a cash bond in the amount of $700.00 posted for beautification by WOODLANDS DAY SCHOOL, Permit #1990. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R--87-68 - PASSED B. MOTION TO ADOPT Temp. Reso_._#4518 releasing a cash bond in the amount of $1,500.00 posted as a homeowner warranty against defects by DAVID HOUSE and RICHARD MCRENSIE for Lot 2, 5209 Sago Palm Boulevard. SYNOPSIS OF ACTION: RESOLUTION NO. R-87-69 -- PASSED APPROVED. City _Clerk C. MOTION _TO APPROVE the minutes of the City Council Regular Meeting of 1/27/87. SYNOPSIS OF ACTION: APPROVED. 2/25/87 PAGE 6 /Pw 0 L� Q lities/EnginegSing D. MOTION TO APPROVE a Water and Sewer Developer's Agreement for WOODMONT TRACT 72B, LOT 11, SACHS-KLEMOW, INC. SYNOPSIS OF_ACTION: APPROVED. E. 1. MOTION TQ.ADOPT Temp. Reso.4519 releasing performance Letter of Credit No. NBV-611 in the amount of $56,425.00 posted by Turnpike Center Associates for public improvements at ISLAND CLUB APARTMENTS subject to receipt of a one-year warranty bond in the amount of $14,106.25. 2. M TION To ADOPT Temp. Reso 4520 accepting a Bill of Sale for the water distribution and sewage collection system improvements at ISLAND CLUB APARTMENTS. Y OP I FACTION: RESOLUTION NO. R-87-70 - PASSED APPROVED 1 & 2. RESOLUTION NO. R--87-71 - PASSED General Administrative F. MQTIQN TO_ADOPT-Temp,, Eeso.#4523 authorizing the Mayor to appoint a five (5) member committee to investigate the feasibility of establishing a childrens recreation center to be located in or near the Sunflower/Heathgate Development. SYNOPSIS OF _ACTION: REMOVED for separate discussion. (See Page 1) RESOLUTION NO. R-87-72 - PASSED * V/M Stelzer MOVED to ADOPT the CONSENT AGENDA Item 5 A * through E, SECONDED by C/M Gottesman. UTE: ALL Y2TED AYE Genglal-AdMinistrative F. MOTIQN TQ ADQFTTpMp. Reso. #4523 authorizing the Mayor to appoint a five (5) member committee to investigate the feasibility of establishing a childrens recreation center to be located in or near the Sunflower/Heathgate Development. SYNOPSIS QF ACTION: RESOLUTION NO. R--87-72 - PASSED REMOVED for separate discussion and then APPROVED. (See Page 1) At thiz time,or Hart a in ed t o gavel V M Ztelzerjgo he could discuss -this Item.- City Attorney Applegate read imp.Reso._#4523 by title. * Mayor Hart MOVED to ADOPT Temp. Rpso. 4523, SECONDED by C/M * Stein. Mayor Hart said there had been problems with the recreation center and the capacity for children's recreation. He said at certain times of the year, the children needed the building, especially when schools had been on summer recess and, since the Recreation Center consisted of senior citizen classes, it created a problem with the children's recreation programs. Mayor Hart said the residents of the Sunflower/Heathgate and Greenbrier area had reported they were unable to send their children to the Recreation Department because the children could not cross University Drive. He said there had been a crosswalk placed there, however, most of the children did not use it and the ones that did, used skateboards, etc. 2/25/87 PAGE 7 /pw TAPS 3 Mayor Hart said if feasible, he would like to establish a children's recreation center located in the Sunflower/Heathgate area. He said he spoke to one of the State Representatives and it had been suggested a grant be obtained for a senior citizen center. Mayor Hart said he thought building a childrens youth center, with more avail- ability to the children, the present Recreation Building could become a Senior Citizen Center, which would serve both age groups within the community. Mayor Hart said if this Item were approved, a committee would be appointed which would consist of the persons in the areas affected. He said of the five members, he would suggest 2 or 3 persons from the Sunflower/Heathgate area, 1 from Shaker Village, and one from Woodmont, which would be the areas where the children are concerned. He said the Committee would work with him regarding the feasibility of the location for the center, the grants, the purchasing of the land and, after the answers to those questions, the information would be turned over to the City Manager and the City Attorney to implement the suggestions of the Committee. He said there had been over 7,000 units which contained children and it would be the obligation of the adults to see that these children are taken care of. Melanie Reynolds, Resident, said under the Charter, the Mayor did not have the right to create a committee, only the Council could create a committee. C/W Massaro and C/M Gottesman asked the City Attorney for his opinion on the statement made by Melanie Reynolds. City Attorney Applegate said the Council could approve the forming of a Committee and authorize the Mayor to appoint members of the Committee. C/W Massaro asked Ms. Reynolds what provision under the Charter she was stating and Ms. Reynolds replied, Sec. 408, which said the Council could create and Sec. 401 or 402, explains what the Mayor may do. Vicki „_,Beech, Resident, said she thought the Heathgate/Sunflower area had a clubhouse of their own and if it was in use and C/M Stein said it was in use. C/W Massaro said the Council did have the authority and could appoint one person, except the authority has been taken away from Council because of the majority of three votes. She asked if an item, such as establishing a recreation area, would need to have a referendum. Mayor Hart said the Committee's purpose would be to find out if the Recreation Center would be feasible and there would be no definite construction. He said if the City would need to spend money, it would go to a referendum. C/W Massaro said she had been told even if there would be a grant, it would need to go to a referendum because the people would have to spend their money to maintain the center. V/M Stelzer said only if the maintenance would be over 2-1/2% of the budget. City Attorney Applegate occasions, he would not that would violate the would be if the Council committee and the answer wished any member of the the committees, then the that. said he had stated, on numerous draft a Resolution or a document City Charter. He said his concern had the authority to establish a would be, yes. He said if Council Council to make the selections of Councilmember selected could do 2/25/87 PAGE 8 /Pw City Attorney Applegate said the referendum, if needed, would be the first issue, after the committee presents the information to the City Staff. C/W Massaro said she felt she had been denied the privilage to appoint members to the Committee. VOTE: ALL VOTED AYE V/M Stelzer returned the gavel to Mayor Hart Building/Community Dev to ment 6. MOTION I0 APPROVE a budget transfer from the General Fund to the Building Department for additional equipment and personnel. SYNOPSIS OF ACTION: APPROVED. (SEE ATTACHMENT 2) Bob Jahn, Chief Building Official, said he had been near an emergency mode and requested this action because of the work load in the Building Department. He said 57.2% of his Department's budget had already been achieved because of the rate of the issuance of permits and the collection of fees. * C/W Massaro MOVED to APPROVE this Item, SECONDED by C/M * Gottesman. C/W Massaro asked if the surplus money of the Building Department was deposited directly into the General Fund and Mr. Jahn replied, yes. VOTE: ALL VOTED AYE RESOLUTIONS Personnel/Insurance 9. MOTION TO ADOPT Temp._ Reso._-#521 awarding a bid for Long Term Disability Insurance, Bid #87-3. SYNOPSIS OF ACTION: APPROVED and AWARDED to North American Life for a premium of .61% of covered payroll, or a total estimated monthly premium of $3,685.41. RESOLUTION NO. R-87-73 - PASSED City Attorney Applegate read so 4521, revised on 2/24/87, by title. Larry Perretti, Personnel Director, said this would be the best benefit the City could give to its Employees. He said the long term disability would protect the employee's until the age of 70. He said the employees should be grateful to Council for passing the benefit for them. He thanked Judy Deutsch for working persistently on the rates with the Insurance carrys that bid. Mr. Perretti said the cost would be .61% per every $100.00 of covered payroll, which would be a monthly premium of $3,685.41, which would include all the employees of the City, Police and Fire. He said the rate guarantee would be for 26 months, effective March 11 1987. * V/M Stelzer MOVED to ADOPT Temp. Reso._#4,521, SECONDED by * C/M Gottesman. 2/25/87 PAGE 9 /pw V/M Stelzer asked if the employees had coverage up until the 91st day and Mr. Perretti said there would be a gap from the 60th day to the 91st day with the FOP contract, however, the Union has agreed to have a time pull back where they will' pull the difference. FOP would form their own committee and no one in Management would be involved in the committee. He said when a case is presented, they then decide what a person should be compensated for. VOTE: ALL VOTED AYE: AGE DIZED BY CONSENT 18. MOTIQN TO APPRM --Temp. so #4527 authorizing the appropriate City Officials to call a bond posted by Tamarac Market Place Land Trust for Tamarac Market Place. SYNOPSIS..OF ACTION: RESOLUTION NO. R-87-74 - PASSED AGENDIZED by Consent. (See Page 1) APPROVED. City Attorney Applegate read TpMp, Fero,#4527 by title. * V/M Stelzer MOVED to ADOPT Te P= Peso. #4527, SECONDED by * C/W Massaro. VOTE: ALL yOTED_ AYE 14. 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. PES�___AKERS : Vicki Beech, Resident, had concerns regarding the Tam -A -Gram and the purpose it has been serving. Harold Newman, Resident of Westwood 23, had concerns with the medians on 77th Street and Pine Island Road and the beautification. Lou ilverman, distribution of the Tam -A -Gram REPORTS 15. -City-- Council - 16. City -Manager - Editor of the Tam -A -Gram, had concerns with the the Tam -A --Gram and asked to receive any complaints on so he could make any necessary changes. 9A_Massaro said she had asked City Manager Kelly if the Building Department and Planning Department were one department to which he replied, no, and said he would address the issue at a later date. She said she had suggested the issue be discussed as promptly as possible and at this time, she had not heard any reply to the suggestion. City Manger Kelly said he would address the issue on April 1, 1987. Mayor Hart read two letters, one from Laurie Perish, Vice Chairperon of the School Board and one from Neil Sterling, Chairman of the School Board, stating they supported the request made by the City for the Middle School and would assist as much as possible. He also read a letter from the Florida House of Representatives regarding the Sales Tax Exemption on Professional Use, which informed the City of the reenactment of the Sales Tax Exemption on all Medical and Allied Services, signed by Erma Rockland, State Representative, District 98. City Manager Kelly reported the ground breaking ceremony at 11:30 A.M. for the new City Hall Complex, would not take place and would not interfere with the construction schedule established Monday, February 23, 1987. 2/25/87 PAGE 10 /pw 17..City Attorney- City Attorney Applegate said in the future, to avoid hearing Council had not received the legislation. He would make sure his office sends each member a copy of any legislation prepared, regardless of when it will be placed on the Agenda. He informed Council of the Court's denial for the refunding of Attorney fees for the Watch, Inc., case. He said he would do his best to challange any action brought to the City in a Court of Law. Mayor Hart recess the Meeting until 5:05 P.M. - O-PE 4 Mayor Hart reconvened the Meeting at 5:05 P.M. and ALL WAB_PRESENT. PUBLIC HEARING - 5:05 P.M. - This Public Hearing was advertised for 2:00 P.M.; however, at the request of the applicant, the Public Hearing will be held at 5:05 P.M. instead. 10. MOTIQN TQ ADOPT Temp eso,._#4522 granting a limited parking waiver requested by BARRY S. EDEN for twenty two (22) parking spaces at WOODMONT PLAZA for ALL SAINTS LUTHERAN CHURCH in a 1500 square foot bay at 7915 W. McNab Road. YNOP IS OF ACTION: RESOLUTION NO. R-87--75 - PASSED APPROVED. Public Hearing held. City Attorney Applegate read so. #4522 by title. Bob Jahn, Chief Building Official, said this Item had been presented before the Planning Commission for a waiver of 22 parking spaces for the use of the All Saints Lutheran Church, which they approved providing it be granted for a limited amount of time. Barry Eden, Attorney for the Developer, said this situation was unique and would be for a limited time until the new church has been built, east of Woodmont Plaza on McNab Road, between 80th and University Drive. He said the church needed a facility to hold their Sunday services and Woodmont Plaza would be the most sufficient because of businesses being closed on Sunday. =,rlev Bloomfield, Resident, asked where the church would be holding the services. Barry Eden said the services would be held at 7915 W. McNab Road, in a 1500 square foot Bay within Woodmont Plaza, next to Classic Print. Mayor Hart Closed the Public Hearing with no further response. * C/M Gottesman MOVED to ADOPT TemP_. Egso. #4522, SECONDED by * V/M Stelzer. C/M Gottesman asked how long it would be before the church had a permanent address and Pastor Kieser, All Saints Church, said construction for the new church would start in March and anticipated 9 to 10 months until completion. VOTE: ALL_VOTED AYE. 2/25/87 PAGE 11 /Pw PUBLIC HEARINGS -.5:05 P,M. 12. MOTION TO ADOPT T d 1270 on first reading to amend Chapter 28 of the Code by repealing Articles XX (M-1 Light Industrial) and XXI (M-2 Medium Industrial) and creating a new Article XX (LI-1 Light Industry). SYNOPSIS OF ACTIO : APPROVED with amendments to be made before second reading on Wednesday, March 11, 1987 at 7:30 P.M. Public Hearing held. City Attorney Applegate read T d. 1270 on first reading, revised 2/24/87, by title. Thelma Brown, City Planner, said the intent of this Ordinance is to promote, protect and improve the public health, safety, comfort, good order, appearance, convenience and general welfare to the City of Tamarac and it's Citizens. She said the Ordinance intended to maintain the stability, in good order, of the residential and commercial areas which would abut industrial land uses. She said many meetings and discussions regarding the Ordinance had taken place with the residents involved in the areas and the residents were concerned with the setbacks for protection. She assured the residents the Ordinance contained the height, yard, district and the performance standards had been reviewed. Ms. Brown said the standards are in proper order and have been met. She said an exception would be brought to Council between the first and second readings of the Ordinance, which would be accepting the areas in the industrial zone unimproved platted lot of less than one acre in areas within the City limits. She said the acceptance would be for the lots which have not conformed under the new light industrial Ordinance, being less than 1 acre in size. Bin Eigner, Resident of 8930 NW 79 Street, said he had questions regarding the permitted uses. He said on Page 3, Line 7, of the Ordinance, "cosmetics and toiletries, except soap," should be a special exception because they would contain chemicals and could be a hazard. He said before eliminating electroplating, it should be considered as a special exception because of structural repairs caused by corrosion, therefore, this should be allowed with the appropriate facilities. He said on Page 4, Line 3, installation of radio and television broadcasting powers or intent conflicts with Page 3, permitting the assembly of electronic devises and, in order to assemble, there must be testing, which would require antennas. Mr. Eigner asked about Page 5, Section 28--184, pertaining to the height of 50-feet for buildings. He asked if 50-feet in height conflicts with other Ordinances in the City that regulate the height of 40-feet. Thelma Brown, City Planner, said in B-3 districts, the height of a building would allow 50--feet. Florence Bochenek, Resident of 9910 NW 70 Street, asked why all the Items pertaining to Land Section 7 were done in two sessions, because the residents who had intended to attend were called and asked not to participate. Ms. Brown said the Ordinance acted upon at the morning meeting had been for recertification of a Land Use Plan Element, which had supplemented the approvals made in September of 1987. She said the text was being amended for the archives to receive in the County, which had been approved and passed, prior to this hearing. 2/25/87 PAGE 12 /pw �J Florence Bochenek asked why the two Land Section 7 public hearings separated and Mayor Hart said the public had been notified of the hearings. Thelma Brown said the State Statutes required the items to be separate. The Land Use Plan Amendment must be presented first indicating Commercial and Industrial Land would be permitted and after the presentation, 14 days were allowed to have the City Council hear the Ordinance. Cbarles_,_Neber, Representing Joseph Eigler, owner of Lot 5 of Tamarac Industrial Park, said the lot contained less than one acre and when a building permit had been requested, the changes on the Land Use Plan had been discovered. He said because of the changes, the amendment that grandfathered the existing lots less than l acre, had not been agreeable with his client. Ms. Brown said the areas concerning the existing lots, would be reviewed and City Attorney Applegate said he needed to review the existing use, which would be considered a non- conforming use, however, being that the parcels in questions were not developed, the Council could determine not to grandfather the existing parcels in the Land Use Plan. He said before Council acted on the existing parcels, he would like to review the possibility with the City Planner. Mr. Weber said there were a limited number of lots less than one acre and had an existing building on both sides, therefore, Mr. Eigler could not conform to meet the new amendments. He said the uses projected would be met and asked for consideration before passing the amendment. Melanie Reynolds, Resident, asked Thelma Brown to explain the State Statute requirements stating the two public hearing items shall be separate. Ms. Brown said the Statute stated in Section 3181, indicated the Land Use Element must be established first, which would establish the hearings required and then adopt the Ordinance at a separate application. ck' ch, Resident, asked Ms. Brown if the Environmental Impact Study prepared would continue to be the same and Ms. Brown said the (EIS) had been changed and the procedures would need to be reviewed. Mayor Hart closed the Public Hearing with no response. * C/M Gottesman MOVED to ADOPT Temp. Ord. #1270 on first * Y / d reaing, SECONDED b V M Stelzer, * providing amendments discussed be changed before the second reading. C/W Massaro said she had concerns regarding the undersized lots and wanted the assurance that the set back requirements stay the same as they would be on full sized lots and Mr. Applegate said there could be an additional clause placed in the Ordinance stating the set back requirements for under- sized lots, for the second reading. C/W Massaro asked if the State Statute stated which item should have been heard first and Ms. Brown said the Statute indicated the Ordinance be addressed 14 days after the adoption of the Land Use Plan. C/M Stein said the Public Hearing held at the morning session had been advertised and the Public Hearings being called at this session also were advertised as such. He said once a Public Hearing had been advertised, only the vote could be postponed. 2/25/87 PAGE 13 /Pw Thelma Brown, said she would like to assure the Public and Council that by second reading the proper order of assembly, manufacturing, separate uses and areas discussed for special exception. Those items Mr. Eigner brought before Council at - this meeting would also be looked at and brought back in corrected form on March 11, 1987 at 7:30 P.M. C/M Stein said Council would be passing this Ordinance on first reading subject to corrections which would be amended before second reading. Mayor Hart said he would like to have all Public Hearings heard at the first Council meeting of the month. VOTE: ALL VOTED AYE 13. MOTION TO ADOPT T,eMp...Qrd. #1289 on first reading to amend Chapter 28 of the Code to provide for elimination of twenty six (26) permitted uses from the B-2 (Planned Community Business) District classification and to provide for additions to the Special Exception Approval List. SYNOPSIS OF ACTION: APPROVED with amendments to be made before second reading on Wednesday, March 11, 1987 at 7:30 F.M. Public Hearing held. City Attorney Applegate read TgMp. Re so. #1289 by title. Thelma Brown, City Planner, said this B-2 zoning district would be located close to residential districts and to the zoning influence to the Well Field Protection Program, therefore, to review the uses presently permitted for the B- 2 zoning with the potential hazard obtained by permitting B 2 zoning in the sections. She said the 26 uses being eliminated in this section, needed to eliminated and there may be further elimination per the instructions of the Deputy Engineer. She said amendments would be brought back at the second reading which would be March 11, 1987 at 7:30 P.K. Mayor Hart said there had been many suggested changes made by Council, however, Ms. Brown would review any suggested changes given by the Public at this time, before the second reading. Melanie Reypolds, Resident, said there would be great hazard zoning a hardware store, however, liquor and package stores being considered as hazards, did not make sense. Thelma Brown said the B-2 Districts were close to residential districts and could possibly cause loitering. Mayor Hart closed the Public Hearing with no further response. C/M Gottesman MOVED to ADOPT Te-nP.___Ord. #1289 on first reading, SECONDED by C/M Stein. C/W Massaro said there would be several items in the Ordinance that did not belong in residential areas. She said the Ordinance would be amended with 26 items, however, after reviewing the Ordinance, she found 56 items that needed to be eliminated. Mayor Hart asked City Attorney Applegate if the City would be jeopardized by eliminating items in one area, that had been permitted on areas around the corner and Mr. Applegate said the zone would need to be amended. C/W Massaro said the zone could be named B-3. 2/25/87 PAGE 14 /pw Mayor Hart said the changes C/W Massaro discussed would be allowed around the corner from the area and Mr. Applegate said it would be safer to change the zone as opposed to drafting an Ordinance. TAPE 5 VOTE: ALL VOTED AYE Mayor Hart announced the next Public Hearing would held on March 11, 1987 at 7:30 P.M. at City Hall. Mayor Hart adjourned the meeting at 6:00 P.M. .. �� ?-jav_� 9�,) ?9_1 CAROL E. BARBUTO CITY CLERK 'DNVY M. STEIN' VICE MAYOR "This public document was promulgated at a cost of $169.28 or $4.70 per copy to inform the general public and public officers and employees about recent opinions and considerations by the City Council of the City of Tamarac." n rJ U11 Y OF TAMARAC APPROVED AT MEETING OF -2 8 2/25/87 PAGE 15 /Pw 4 N� U V Q � H z00 I;Zzr� Q \ LD L� W W O 4 �y/ � r _W U3 F U Q W J D Q H Ca U nnQ V J v J H F --A LL- Q Q 3 D 3CL LLJ T- W U LLJ lJ Uz D z W p W �a h �a � o W Z H LJ 3r, LLJ W c yyo " � C r W y3 E E g ,, 2� pu 8 w r Y� xv 144 u J lu fi u �a r W �Z z W ui " A a. l.7 � � Z " a ooa �a�. 0 OD ix M �;W � r. H Q jLLI 3 H L N a W a] M ¢ N W F-: W W Q CL (4--) p W Q0 A 3U a H W N U Im %D zz C3 M a U H F- W� ¢� az LI 0- W w"� ao � J n m A Lo N m� a --I �,D H y Z w y (7 <q piy a 4 ~ W A W Q .2 �0. � LLJ a�4 a z (� J M r� U a 0 W H D O O� W Y 5a4x ar 1$�s.'j r .ur sr W Lo L7 WO W u u �rr�yj�' Ja. C yM y0 W r r- Gir � r• U I�� ci s , M Q W MF-z q� W H CL A � � W H LO �0. z C3 �D QW 3O Fa �W w n W W qW z 0 �z l7 0-~ N W qW 0 UW W A oy W q ww� 41 R> H H� LJLl Zq=W q u Q 0 W WO dC) =d Q' W Q H S Lq N N C7 73 WW FW a N Q ¢ ~A k v Fu �L]� NW �~ CU S +D ZO z a w0 Lo _ I) >- A w w 9E d d Pq� Uz �N W ,tr A W czi Gl N 14 z jr)W � tw r 0 .. U UJ 2 ►y ��5+ W w ~ W uN6 trWyIt IA W} W W F- a as i r- 00 Or Ln r-' CD o coLr M r C7 O M �CD ac O V W O p O rl N d' a' 1f1 l'1 � r r N N N N O ap Q G O Lfi 1 M M Q: I LO M �D N O O a 0 a 0 Q 0 I N N M 1 O © I 10