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HomeMy WebLinkAbout1988-03-23 - City Commission Regular Meeting MinutesI► +� w 1y u = n OR►OP P.Q BOX 25010 TAMARAC, FLORIDA 33320 RECORD OF COUNCIL ACTIONS/DISCUSSION CITY OF TAMARAC CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY, MARCH 23, 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 Senator Peter Weinstein and Represent- atives Peter Deutsch and Joe Titone regarding state legislative matters. FINAL ACTION: PRESENTATIONS were made by Senator Peter Weinstein, Representative Peter Deutsch's aide, Laurie Vauter, and Representative Joe Titone. 2. PRESENTATION by City Manager Kelly of a fifteen -year service award to PAUL SINRAM and a ten-year service award to DAVID HARTING, Police Department, and a five- year service award to ROBERT WILSON, Public Works Department. FINAL ACTION: PRESENTATION was made to Paul Sinram, by John Kelly, City Manager. David Harting and Robert Wilson were not present. 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. *4978 releasing a cash bond in the amount of $1,600.00 posted by ISLAND CONSTRUCTION as a homeowners warranty against construction defects for a home located at 8625 Banyan Way, Lot 8 of WOODMONT TRACT 62 (Permit *00531). FINAL ACTION: APPROVED. RESOLUTION NO. R-88-79 PASSED. Page 1 3/23/88 3. b. MOTION TO ADOPT Temp. Reso. *4975 releasing a cash bond in the amount of $1,500.00 posted by Deutsch and Shnider, P.A., as a homeowners warranty against construction defects for a home located at 8610 NW 80 Street, Lot 15 of WOODMONT TRACT 57 (Permit *2369-83); said bond to be released In the following manner: 1) $316.00 to Irving Greenberg as reimbursement for payment of correction of a construction defect; and 2) FINAL ACTION: The balance, $1,184.00, to Deutsch and Shnider, P.A. APPROVED bl and b2. City Clerk RESOLUTION NO. R-88-80 PASSED. c. MOTION TO APPROVE the minutes of the City Council Regular Meeting of 2/24/88. FINAL ACTION: APPROVED. d. MOTION TO APPROVE renewal of a model sales permit for VERSAILLES GARDENS for a six-month period from 4/22/88 to 10/22/88. FINAL ACTION: APPROVED. Public Works Department e. MOTION TO ADOPT Temp. Reso. *4985 releasing a cash Performance bond In the amount of $11,390.00 posted by Flex -Wall Systems, Inc., for the Installation of an operable/relocatable room divider wall at Tamarac Park and Recreation Building. FINAL ACTION: APPROVED. RESOLUTION NO. R-88-81 PASSED. Utllltles„/Englneerin„g Department f. MOTION TO ADOPT Temp. Reso. *4981 accepting a Tamarac Utilities West Water and Sewer Utility Easement offered by Ulysses G. Telegadls, TWT Associates, Inc., for BROOKWOOD PLAZA PHASE II project. FINAL ACTION: APPROVED. RESOLUTION NO. R-88-82 PASSED. Page 2 3/23/88 1 3. g. 1. MOTION TO APPROVE Change Order *1 to the contract with R.J. Sullivan Corp. In the amount of $3,420.65 for additional work not covered under the original contract for TUW Project 86-14, Water Treatment Plant Improvements, Phase IV; this change order will Increase the contract from $2,197,025.00 to $2,200,445.65. 2. MOTION TO APPROVE final payment to Rolm in the amount of $1,098.89 for Installation of the Internal telephone system for TUW Project 86-14, Water Treatment Plant Improvements. P.O. 40831 FINAL ACTION: APPROVED g1 and g2. h. MOTION TO APPROVE final payment In the amount of $1,120.44 to Hazen and Sawyer for engineering services on TUW Project 87-9, Sewage Treatment Plant Closure and Dismantling. P.O. 40827 FINAL ACTION: APPROVED. 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 Ed Solomon. REPORTS 5. City Council 6. City Manager 7. City Attorney CONSIDERATIONS General Administrative 8. MOTION TO APPROVE a City Selection Committee to Interview architectural/engineering firms Interested In constructing the new Multi -Purpose Recreational Facility to be located at 7601 N. University Drive, which committee Is to be composed of: Larry Bender John P. Kelly Patricia Rancatl Michael Couzzo Robert Jahn FINAL ACTION: APPROVED. Councilman District 4 City Manager Principal, Tamarac Elementary School Director of Public Works Chief Building Official Page 3 3/23/88 9. MOTION TO APPROVE rejection of all bids received under Bid *88-7, exclusive three-year towing agreement for the City of Tamarac, as recommended by the City Manager. FINAL ACTION: APPROVED. RESOLUTIONS Community Development 10. MOTION TO ADOPT Temp. Reso. *4988 approving a new Agreement between Broward County, the City of Tamarac and Lennar Homes, Inc., relating to the Issuance of building permits while platting Is in progress for the FAIRFAX I project. FINAL ACTION: APPROVED. RESOLUTION NO. R-88-83 PASSED. 11. MOTION TO ADOPT Temp. Reso. *4982 concerning a request by Don Fazio, DON CARTER'S TAMARAC LANES, for a special permit to allow the lounge to open at 8:30 A.M. during the Men's State Bowling Tournament on Sundays from April 24 through June 19, 1988. FINAL ACTION: APPROVED. General Administrative RESOLUTION NO. R-88-84 PASSED. 12. MOTION TO ADOPT Temp. Reso. *4983 awarding Bid *88-15 to THOMAS M. RUFF AND COMPANY In the amount of $107,880.18 for supplying furniture for the Tamarac Municipal Complex, City Hall. FINAL ACTION: APPROVED. RESOLUTION NO. R-88-85 PASSED. 13. MOTION TO ADOPT Temp. Reso. *4984 approving a beer concession for both the street fair and the celebrity softball game sponsored by the Tamarac Kiwanls Club during the City's 25th anniversary celebration. FINAL ACTION: RESOLUTION NO. R-88-86 PASSED. APPROVED as amended. Public Works to provide the City Planner with a statement regarding clean-up. Public Works Department 14. MOTION TO ADOPT Temp. Reso. *4987 awarding Bid *88-16 to Case Power & Equipment Company In the amount of $28,500.00 for a one-track type crawler/dozer. FINAL ACTION: APPROVED. RESOLUTION NO. R-88-87 PASSED. 1 Page 4 3/23/88 PUBLIC HEARINGS - 10:00 A.M. Community Development 15. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. *4978 concerning a request by MIDWAY PLAZA ASSOCIATES, LTD., for special exception to allow a chicken carry -out restaurant, "The Rotisserie", In Bay 16 of Midway Plaza at 5871 N. University Drive, which is zoned B-2 (Planned Community Business). Petition *10-Z--88 FINAL ACTION: RESOLUTION NO. R-88-88 PASSED. APPROVED. Public hearing was held. 1.6. PUBLIC HEARING -- MOTION TO ADOPT Temp. Reso. *4979 concerning a request by MIDWAY PLAZA ASSOCIATES, LTD., for special exception to allow a sit-down/take-out pizza restaurant, "C.J.'s Pizza", in Bay 2 of Midway Plaza at 5843 N. University Drive, which Is zoned B-2 (Planned Community Business). Petition *11-Z-88. FINAL ACTION: RESOLUTION NO. R-88-89 PASSED. APPROVED. Public hearing was held. Address of Bay 2 was correct as shown on agenda. ORDINANCES PUBLIC HEARING - 10:00 A.M. Community Development 17. a. MOTION TO ACCEPT Affidavits of Publication, Mailing and Posting for Temp. Ord. *1382. Petition *9-Z-88 b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. *1382 on first reading concerning a request by WILLIAM F. JURIST, TRUSTEE, to rezone lands on the southeast corner of University Drive and NW 61 Street from B-6 (Business District) to B-2 (Planned Community Business). Petition *9-Z-88 FINAL ACTION: a. ACCEPTED Affidavits. b. Ordinance TABLED. Public hearing was held. AGENDIZED BY CONSENT 18. a. MOTION TO AUTHORIZE a budget transfer of $4,800 from Account No. 360-872-588-994, titled Unexpended Trafficway Improvement Funds that has a balance of $642,847 to an account number to be established by Finance entitled Nob Hill Road Design. b. MOTION TO AUTHORIZE Keith and Schnars to revise the plans and specifications for Nab Hill Road to Include a northbound left turn lane on Nob Hill Road at the entrance to the 'Land Section 7 Public Works/Utilities Administration Building for $4,800.00. FINAL ACTION: APPROVED 18a and 18b. Page 5 3/23/88 19. PRESENTATION by Milton Guberman on Sister City. FINAL ACTION: PRESENTATION was made by Milton Guberman. Councilman Henry Rohr will meet with Mr. Guberman. 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 Pursuant to section t86.010s, Florida statutes: If a person decides to appeal any decision wade by the Commission with respect to any Matter cOnsfdered at such meeting or hearing, he will need a record of the proceedings and for such purpose, he Say Ased to ensure that a verbatim record includes the testimony and evidence upon which the appeal is to be based. For infcrcational purpose, following are the residential and commercial district in the City: R-1 R-1-Single Family Residence RH5 i R-18 -One-Family Dwelling R-2 -Residential Multi -Family dwelling RO-7 -Two-Family Dwelling R-3u -Two-Family Dwelling R-3 -Row House RN-10 -Low Density Multiple Dwelling R-4A -Planned Apartment R-5 -Planned Apartment 0-1 -Motel/Hotel 8-2 Neighborhood Business 8-3 -Planned Community Business 8-5 -General Business 'limited mited Business District S-1 -Business District I-1 -Open Space/Recreational LI-1 -Institutional A-1 -light Industrial A-S Limited Agricultural T-1 `Agricultural/Excavation Trailer Park District [1 1 1 Page 6 3/23/88 CITY OF TAMARAC CITY COUNCIL REGULAR MEETING WEDNESDAY, MARCH 23, 1988 TAPE 1 CALL TO ORDER: Mayor Abramowitz called this meeting to Order on Wednesday, March 23, 1988, at 9:00 A.M. in the Council Chambers. MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Abramowitz called for the Pledge of Allegiance followed by a Moment of Silent Meditation. PRESENT ALSO PRESENT: INTRODUCTION Mayor Norman Abramowitz Vice Mayor Jack Stelzer Councilman Herman "Larry" Bender Councilman Bruce Hoffman Councilman Henry Rohr John P. Kelly, City Manager Richard Doody, City Attorney Carol E. Barbuto, City Clerk Pauline Walaszek, Special Services Secretary 1. PRESENTATION by Senator Peter Weinstein and Representatives Peter Deutsch and Joe Titone regarding state legislative matters. SYNOPSIS OF ACTION: PRESENTATIONS were made. Peter Deutsch's Aide, Laurie Vauter was present. Mayor Abramowitz said he was very pleased to see the amount of residents attending this meeting. He announced that Representative Peter Deutsch was ill and would not be attending this meeting. He introduced Representative Joe Titone. Representative Titone said sessions regarding two important items would be discussed beginning April 5, 1988. He said one of the items concerns problems with crime in Florida especially the drug enforcement problems. He said he served on the Criminal Justice Committee and was Vice Chairman of the Judiciary Criminal Committee of the State. He said the Committees are finally realizing that money spent on rehabilitation for drug users is an endless battle because every time they sentenced someone to prison on drug charges, two more cases occur. He said the only way to stop the drug problem in Florida is to reduce the demand for drugs by educating the youngsters. He said once a person becomes addicted to drugs, there is very little anyone can do. Representative Titone said drug convictions were causing a tremendous drain on the State's resources. He said because of the increasing population in Florida, the State did not have the money needed for the rehabilitation of drug users. He said the State had to get good results from the money spent and, when the money was used on crime, the money was considered as wasted dollars because nothing positive was established. Page 1 / 3/23/88 Representative Titone said the other item to be discussed is Transportation. He said there were 900 new people coming into the State every day and rural areas were becoming more urbanized. He said the State needed more roads and there have been discussions regarding increasing the gas tax and new car registrations. Representative Titone said his office is open for any concerns the residents have and everyone was welcome. He congratulated the new members of the City Council and wished them luck in their terms of office. He said the Municipal officers were very important in getting the residents in Florida to participate in their State's well being. Mayor Abramowitz said the City Council will dedicate their tenure in office to bringing Tamarac back into the mainstream of Broward County and the State of Florida. He said he wanted the State to know that the City of Tamarac wanted what was coming to them. He said in order to bring Tamarac back into the mainstream, the City needed the assistance of the Senator and the Representatives. He then introduced Senator Peter Weinstein. Senator Peter Weinstein congratulated the new members of the City Council and wished them successful terms in office. He said that finding the money needed for Tamarac would be very hard to do this year. He said the 1988 Legislative Session would find the State in an unusual position. He said along with the matter of the repeal of the service tax, the Governor proposed a 20.5 Billion dollar State Budget and the State, at this point, finds itself 200 million dollars short in funding a continuation budget. He said the 1988 Legislative Session would not provide a lot of new programs and plans would have to be established to meet the tremendous growth in the State of Florida. Senator Weinstein said there were several developments being constructed in the State because of the growth. He said the State would have to find ways to handle the 30,000 to 40,000 new school children and additional Seniors who needed services. He said one plan being considered to help with the funding is to charge additional fees for each new car brought into the State. Senator Weinstein said studies regarding how to fund the State would have to be done. He said he does not believe that solutions would be implemented this Legislative Session. Senator Weinstein said the State will have to address the matter of crime because it is the number one problem facing the State. He said he is serving his sixth year on the Judiciary Criminal Committee and the Committee has studied and passed some very strict laws involving drug dealing. He said a law which recently has been enacted is allowing substantial increased penalties for those who sell drugs in or around schools. He said once the drug criminals get to the Courthouse and the Judge sentences the criminals to prison, the Department of Corrections had to sign exit papers for other criminals to make room for the new ones. He said the State is 6,000 prison spaces short, which is a crisis. 1 Page 2 f/ 3/23/88 Senator Weinstein said two years ago he discussed the matter of substantially increasing the sentencing guidelines and, if this is done, it would cost the State $250,000,000.00 over the next 10 years. He said if the State did not improve the guidelines for crimes, the criminal system would continue being meaningless. He said the Legislators agreed with him regarding the increase in the sentencing guidelines; however, the State did not have the money and action regarding this matter could not be taken. He said the crisis has become worse and the Legislators would be looking for additional ways and programs to meet this crisis. He said if the residents of Florida could not be safe, then everything else was meaningless. Senator Weinstein said Transportation would be discussed because of the growing population. He said the widening of University Drive was a messy matter; however, the project was State funded. He said the State was looking into programs regarding the flow of traffic and signalization on University Drive. He said he has been working with the Department of Transportation and the State was funding projects for West Broward as well. Senator Weinstein said he has been involved with the matter of Guardianship for the Elderly. He said the abuses of the Guardianship Program in the State was tremendous and amendments to the Guardianship law would be made. He said he would attempt to get these amendments passed for the Guardianship law, which would allow more protection and court intervention to those people who are the subject to the Guardianship Programs. Senator Weinstein said his office was in Tamarac and if the residents had an interest in a Bill or had a problem that his office could assist in, he would appreciate the residents informing his office of those concerns. Irving Lopatey, Resident, addressed his concerns on the HB-301 Bill for Massachusetts Medical. He asked if there would be a companion Bill for the State of Florida. Senator Weinstein said the Bill was in the House and the Senate this year. He said this Bill would be discussed for a long time before it is passed. Aaron Heller, Resident, said the Hospital Cost Containment Board was decreasing and he hoped the Legislator would continue to support this Board. Mr. Heller said Senate Bill SJR--30, Homestead Amendment, would provide the taxing of the first $10,000.00 of assessed value with $25,000.00 following. He said the free riders should be mandated to pay this tax. Senator Weinstein said he has spoken to all the residents in his district. He said the Homestead Law was on the Ballot in 1986 and several people in West Broward opposed the Amendment because increase in their taxes. they felt there He said if would be an the citizens of Broward County wanted to see services of the State continuing, the Bill would have to be approved by them. Representative Titone said the Homestead Exemption Laws now in existence benefited the rural parts of the State rather than the urban parts. He said when the Bill was Page 3 3/23/88 on the Ballot, the voters in the urban parts of the State voted the Bill down. He said the matter is a Constitutional Amendment; therefore, the voters had to vote for the Bill. Mr. Heller said the creation of an elderly affairs department has been introduced to the House and he hoped that a companion Bill would be passed so that the elderly affairs people would be able to handle their own matters. He said he hoped the Broward Delegation would assist in supporting the Bill. Mr. Heller said he has not seen a co-sponsor from the Senate for HB-301 because the Medi-Care assignment was very important for the State of Florida. C/M Rohr asked how Senator Weinstein and Representative Titone felt regarding the proposed Constitutional Amendment that would prohibit State mandates on local governments without State funding. He asked if this Amendment would be supported. Senator Weinstein said this matter was one of the biggest problems being addressed this year. He said the State could not force the Cities to fund a Comprehensive Plan without helping the Cities find ways to fund it. He said with the Homestead Law, everyone would have to pay their share. He said the Bill for Homestead Exemption had to be passed because it would help the State and Cities with their funding. He said he would support this Amendment. V/M Stelzer asked what happened to the Homeowner's Association Bill of Rights and Representative Titone said he has filed this Bill in the House several times and there was more support coming from the House. He said the State has been getting tremendous opposition from the developers and there was a new Rules Chairman in the House, which may allow the Bill to be passed. Mayor Abramowitz thanked Senator Weinstein and Representative Titone. He asked if Representative Peter Deutsch's Aide would like to address the City Council and the residents. Laurie Vauter, Aide for Representative Peter Deutsch, announced that Representative Deutsch was very ill and was instructed by his doctor to stay in bed. She said Representative Deutsch wanted her to announce that he supported the Constitutional Amendment regarding the Cities and insisted that the Cities should not have to State Mandated Programs unless the State provided the Cities with funding. Mayor Abramowitz thanked Ms. Vauter and asked that she deliver the message from the City Council in wishing Representative Deutsch a quick recovery. 2. PRESENTATION by City Manager Kelly of a fifteen --year service award to PAUL SINRAM and a ten-year service award to DAVID HARTING, Police Department, and a five-year service award to ROBERT WILSON, Public Works Department. SYNOPSIS OF ACTION: PRESENTATION was made to Paul Sinram. David Harting was not present. Alan Levine accepted Robert Wilson's award. Page 4 IV H 1 3/23/88 F', City Manager Kelly presented a fifteen -year service award to Paul Sinram of the Public Works Department. David Harting was not present and Alan Levine accepted Robert Wilson's five-year service award. CONSENT AGENDA - Item 3. a through h Building Department 3. a. MOTION TO ADOPT Temp. Reso. #4976 releasing a cash bond in the amount of $1,500.00 posted by ISLAND CONSTRUC- TION as a homeowners warranty against construction defects for a home located at 8625 Banyan Way, Lot 8 of WOODMONT TRACT 62 (Permit #00531). SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-88-79 - PASSED b. MOTION TO ADOPT Temp. Reso. #4975 releasing a cash bond in the amount of $1,500.00 posted by Deutsch and Shnider, P.A., as a homeowners warranty against con- struction defects for a home located at 8610 NW 80 Street, Lot 15 of WOODMONT TRACT 57 (Permit #2369-83); said bond to be released in the following manner: (1) $316.00 to Irving Greenberg as reimbursement for payment of correction of a construction defect; and (2) The balance, $1,184.00, SYNOPSIS OF ACTION: APPROVED. City Clerk to Deutsch and Shnider, P.A. RESOLUTION NO. R--88-80 - PASSED c. MOTION TO APPROVE the minutes of the City Council Regular Meeting of 2/24/88. SYNOPSIS OF ACTION: APPROVED. d. MOTION TO APPROVE renewal of a model sales permit o r VERSAILLES GARDENS for a six --month period from 4/22/88 to 10/22/88. SYNOPSIS OF ACTION: APPROVED. Public Works Department e. MOTION TO ADOPT Temp. Reso. #4985 releasing a cash performance bond zn the amount of $11,390.00 posted by Flex -Wall Systems, Inc., for the installation of an operable/relocatable room divider wall at Tamarac Park and Recreation Building. SYNOPSIS OF ACTION: RESOLUTION NO. R-88-81 - PASSED APPROVED. Utilities/Engineering Department f. MOTION TO ADOPT Tem2. Reso. #4981 accepting a Tamarac Utilities West Water and Sewer Utility Easement offered by Ulysses G. Telegadis, TWT Associates, Inc., for BROOKWOOD PLAZA PHASE II project. SYNOPSIS OF ACTION: RESOLUTION NO. R-88-82 - PASSED APPROVED. r Page 5 \ 3/23/88 g. 1. MOTION TO APPROVE Change Order #1 to the contract with R.J. Sul van Corp. in the amount of $3,420.65 for additional work not covered under the original contract for TUW Project 86-14, Water Treatment Plant Improve- ments, Phase IV; this change order will increase the contract from $2,197,025.00 to $2,200,445.65. 2. MOTION TO APPROVE final payment to Rolm in the amount of $1,096.89 for installation of the internal telephone system fro TUW Project 86-14, Water Treatment Plant Improvements. P.O. 40831. SYNOPSIS OF ACTION: APPROVED 1 and 2. h. MOTION TO APPROVE final payment in the amount of $1,120.44 to Hazen and Sawyer for engineering services on' TUW Project 87-9, Sewage Treatment Plant Closure and Dis- mantling. P.O. 40827. SYNOPSIS OF ACTION: APPROVED. * V/M Stelzer MOVED to APPROVE the Consent Agenda, Item 3. * a. through h., SECONDED by C/M Hoffman. VOTE: AGENDIZED BY CONSENT ALL VOTED AYE 18. a. MOTION TO AUTHORIZE a budget transfer of $4,800.00 from Account #360-872-588-994, titled, Unexpended Trafficway Improvement Funds that has a balance of $642,847.00 to an Account number to be established by the Finance Depart- ment entitled, NOB HILL ROAD DESIGN. b. MOTION TO AUTHORIZE Keith and Schnars, Consulting Engineers, to revise the plans and specifications for Nob Hill Road to include the northbound left turn lane on Nob Hill Road at the entrance to the Land Section 7 Public Works/Utilities Administration Building for $4,800.00. SYNOPSIS OF ACTION: AGENDIZED BY CONSENT. (SEE PAGES 20 and 21 for Final Action) * V/M Stelzer MOVED to AGENDIZE this Item by Consent, SECONDED * by C/M Hoffman. VOTE: ALL VOTED AYE 19. PRESENTATION by Milton Guberman regarding Sister City. SYNOPSIS OF ACTION: AGENDIZED BY CONSENT. (SEE PAGE 16 for presentation) * C/M Rohr MOVED to AGENDIZE this Item by Consent, SECONDED by * C/M Hoffman. VOTE: Page 6 ALL VOTED AYE I J f; 3/23/88 OPEN PUBLIC FORUM 9. OPEN PUBLIC FORUM Melanie Reynolds, Resident of Sands Point, said she understood that Mayor Abramowitz has been given an indoctrination course by the City Manager and City Attorney; however, she doubted that the Mayor has been told that the City Council was functioning under two sets of laws. Mrs. Reynolds said the Charter was one set of laws and the City Code was another set. She said there were Ordinances within the City Code that were being violated by members of the Committees which may be violating the State Constitution, Laws and Common Laws. Mrs. Reynolds said on April 2, 1986, Larry Bender, as Chairman of the Planning Commission, was given a notice of a new Plan Adjustment Committee; however, neither Mr. Bender nor the Planning Commission had an opportunity to study this notice or to hold the Public Hearing because Mr. Bender was not reappointed. She said the new City Council passed the new Plan Adjustment Committee Ordinance on second reading and its Resolution on April 28, 1986, designating the charge of a $150.00 fee. Mrs. Reynolds said the matter in which the Committee has functioned was in violation of the Ordinance, which mandated minutes be recorded. She said the recording of the minutes has not been done since the Committee's first meeting on May 27, 1986. She said the Committee was in violation of Common Law covering dual office holding because of the Councilmembers sitting on the Committee and voting. She said the Committee was in violation of the State Sunshine Law because its meetings were not advertised or publicized. She said the Committee may be in violation of Section 5, Article II, of the State Constitution. Mrs. Reynolds said the City Code as it is today, was confusing, especially in the area of the conflicts with the Charter and the Code. She said she hoped this City Council would do something about the City Code. City Attorney Doody said every five years the City Attorney has met with the Municipal Code Corporation to review the City Code and bring the Code up to date. He said in May, 1988, he would be meeting with the Municipal Code Corporation for the updating of the City Code. Ed Solomon, Resident of Sands Point, said he was concerned with the City not having an Investment Advisory Committee. He said the Committee was created by the vote of the people and this Committee should be eliminated by vote of the people. He said the Committee served very useful purposes and saved the City a lot of money. He said the Committee became restricted and the last Administration made no effort to fill the vacancies that existed. He said he hopes this Administration would direct their concerns towards getting the Committee back in existence. REPORTS 5. Cit2 Council C/M Hoffman - No report. Page 7 3/23/88 TAPE 2 C/M Rohr - reported on the City's consideration of a recycling program. He said the City Council should educate the citizens on the need and value of the recycling program. He read an editorial comment from the Miami Herald which said, "The old solution, dumping, just is not the answer. Much of the nation's trash problems arrive from the place to dump and from pollution of water supplies by leakage from dumps. Deerfield Beach, which has Broward's only mandatory recycling program, figures it has saved $5,000.00 in the first two months of it's recycling by diverting 1.58 tons of newspapers from the north Broward dump. Boca Raton and Palm Beach County has had a newspaper recycling program for 14 years and it yields a net of $147,000.00 in paper sales and savings of dumping fees. While the County program would be welcome, Deerfield Beach and Tamarac are showing that Cities need not wait for the County to take the lead. The cost of trucking garbage to the dump has gone up considerably for South Broward Cities with the closing of the Davie dump and the new incinerators will more than double the disposal fees. Recycling makes cents as well as sense. Broward Cities owe their residents both." C/M Bender - No report. V/M Stelzer - No report. At this time, Mayor Abramowitz welcomed and thanked Bernard Hart for attending this meeting. Mayor Abramowitz - (See Page 9 for report) 6. City Manager City Manger Kelly - reported that it was his pleasure to be a. part of the Blue Chip Presentation Program to the City of Tamarac which was held at the Panorama Ballroom in Pier 66. He said the Blue Chip Program was trying to secure Blue Chip designation, meaning that the City of Tamarac analyzed its problems and submitted recommendations and formulations for the future to attract industry and business to the community. He said nine other Cities participated in the program and certification was presented by Travis Dungan, Assistant Secretary of Commerce, to Ed Kennedy, Broward County Commissioner, and the Mayors of the nine respective Cities. He said the plaque presented to the City of Tamarac was on display at the City Council office. City Manager Kelly recommended that the City Council hold a Workshop meeting next week regarding Police matters, such as the proposed Ordinance regarding altering vehicles, the Burglar Alarm Committee Ordinance, Police protection for Shaker Village and an update on the Police Station construction. Mayor Abramowitz asked City Manger Kelly to proceed with the necessary requirements in having the Workshop meeting. 7. City Attorney City Attorney Doody - No report. Page 8 3/23/88 1 1 5. City Council Mayor Abramowitz - read an Article from the newspaper which said, "The Broward Agency on Aging each year selects Senior Hall of Famers. A Committee of eight leading community advocates headed by County Commissioner Chairman, Sylvia Poitier, and including Walter Falck, elected 11 seniors including Helen Sobel. While her 12 year service as Chairperson of the Tamarac Social Service Board was probably enough for her election, she was also commended for her activity in the League of Women Voters. Her work on Nova University's Mental Health Board and the Zoological Society's Task Force and her work on the Tamarac President's Council, where she is now First Vice -President." Mayor Abramowitz congratulated Helen Sobel for being selected for the Senior Hall of Fame. CONSIDERATIONS General Administrative 8. MOTION TO APPROVE a City Selection Committee to innterview archr ectural/engineering firms interested in constructing the new Multi -Purpose Recreational Facility to be located at 7601 N. University Drive, which committee is to be composed of: Larry Bender John P. Kelly Patricia Rancati Michael Couzzo Robert Jahn SYNOPSIS OF ACTION: APPROVED. Councilman District 4 City Manager Principal, Tamarac Elementary School Director of Public Works Chief Building Official City Manager Kelly said the Competitive Negotiations Act required services which were being secured by professional architects or engineers for projects costing more than $5,000.00 to be advertised and a City Selection Committee to be formulated. City Manager Kelly said he formulated the recommendations for the participants on the Committee and he recommended C/M Bender because his district was where the project would be constructed. He said because the School Board would be participating in this project, the School Board recommended Patricia Rancati, Principal of Tamarac Elementary School, as a member of the Committee. City Manager Kelly said after the Committee formulated recommendations, they would review the recommendations at an advertised meeting and select the top firms that they felt would be respectable for the project. He said a second meeting would be held by the Committee to interview the selected firms. He said after the interviews were completed, recommendations would be submitted to the City Council by the Committee for the firms they felt were responsible and fit the project's needs. City Manager Kelly said a Negotiating Committee would be formulated to negotiate with the firms in order of the Page 9 3/23/88 priorities recommended to the City Council by the Committee. He said this process was in the best interest of the City and he recommended this Committee be approved. V/M Stelzer MOVED to APPROVE this Committee, SECONDED by C/M Hoffman. V/M Stelzer said this would be the first time a Councilmember was on a Negotiating or Selection Committee. He said the City Manager suggested C/M Bender be on the Committee. He said for many years he has been against Councilmembers being on Committees which approve the selection of architects or engineers, etc., because regardless of how careful the Councilmember was, he would be voting on the Committee as a Councilman. He said when the recommendations were brought to the City Council, the same Councilman voted on the selections and there may be a conflict of interest involved. He said he had no objection to C/M Bender being on the Committee; however, the City Council should take into consideration that when public vendors, developers, etc., are involved in a Committee decision, a Councilmember should not be permitted to vote with the Committee. C/M Rohr said he agreed with V/M Stelzer's concerns. He said a Councilmember should not be put in a position where there may be an indication or a thought of a conflict of interest. He said in the future, the City Council should be involved with the final vote as opposed to being involved in the selections and negotiations of the Committee. Mayor Abramowitz said he was comfortable knowing that C/M Bender was an Engineer and would be participating in selecting the firms for this project. He said C/M Bender was not picked by the City Council, he was recommended by the City Manager to participate on this Committee. He said if the City Manager felt C/M Bender would be an asset to the Committee, then C/M Bender should serve on the Committee. He said the City Council's objections were well noted and he appreciated their concerns. VOTE: ALL VOTED AYE PUBLIC HEARINGS - 10:00 A.M. Community Development 15. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #4978 concerning a request by MIDWAY PLAZA ASSOCIATES, LTD., for special exception to allow a chicken carry --out restaurant, "The Rotisserie", in Bay 16 of Midway Plaza at 5871 N. University Drive, which is zoned B-2 (Planned Community Business). Petition #10-Z-88 SYNOPSIS OF ACTION: RESOLUTION NO. R-88-88 - PASSED Public Hea nxr g Held. APPROVED. City Attorney Doody read Temp. Reso. #4978 by title. Thelma Brown -Porter, City Planner, said the zoning on the property is B-2 and the Master File is 11-84. She said the special exception was approved by staff and the Planning Commission and she recommended this Item be approved. Page 10 i r \ Il 1 1 1 3/23/88 * C/M Hoffman MOVED to APPROVE this Item, SECONDED by C/M Rohr. C/M Rohr asked if the special exception was being requested because the restaurant was a carry -out business and Mrs. Brown -Porter said the City Code provisions stated that restaurants and carry -outs must be approved by special exception only. She said the application was reviewed by staff and Planning Commission and they recommend it be approved. Mayor Abramowitz opened and closed the Public Hearing with no response. VOTE: ALL VOTED AYE 16. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #4979 concerning request by MIDWAY PLAZA ASSOCIATES, LTD., for special exception to allow a sit-down/take-out pizza restaurant, 'C.J.'s Pizza", in Bay 2 of Midway Plaza at 5843 N. University Drive, which is zoned B-2 (Planned Community Business). Petition #11-Z-88. SYNOPSIS OF ACTION: Public Hear ng Held. APPROVED. RESOLUTION NO. R-88-89 - PASSED City Attorney Doody read Temp. Reso. #4979 by title. * C/M Hoffman MOVED to APPROVE this Item, SECONDED by C/M Bender. Mayor Abramowitz opened the Public Hearing. Mrs. Brown --Porter said the zoning on the property is B-2 and the Master File is 11-84. She said the location is at Bay 2 of Midway Plaza at 5843 N. University Drive. She said the Planning Commission approved this Item and she recommended this Item be approved. Mayor Abramowitz closed the Public Hearing with no response. VOTE: ORDINANCES Community Development ALL VOTED AYE 17. a. MOTION TO ACCEPT Affidavits of Publication, Mailing and Posting -Tor Temp. Ord. #1382. Petition #9-Z-88 b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1382 on first readx gconcerning a request by WILLIAM F. JURIET, TRUSTEE, to rezone lands on the southeast corner of University Drive and NW 61 Street from B-6 (Business District) to B--2 (Planned Community Business) . Petition #9-Z-88 SYNOPSIS OF ACTION: Public Hear ni g Held. a. ACCEPTED Affidavits. b. TABLED on first reading until the City Planner and the owner's Architect discuss this further. * a. C/M Hoffman MOVED to ACCEPT the Affidavits for Temp. Ord. * #1382, SECONDED by C/M Rohr. Page 11 4. 3/23/88 VOTE: ALL VOTED AYE b. City Attorney Doody read Temp. Ord. #1382 by title. * C/M Hoffman MOVED to APPROVE Tema. Ord. #1382 on first reading, * SECONDED by C/M Rohr. Mayor Abramowitz opened and closed the Public Hearing with no response. Mrs. Brown -Porter said the zoning on the property is currently B-6 and the Legal Description is the "Summit Professional Complex", in Plat Book 101 at Page 29. She said the request is to rezone from B-6 to B-2 and the number of acres involved is 7.6786 acres. She said the Planning Commission approved this Item. At this time Mayor Abramowitz relinquished the gavel to V/M Stelzer. Mayor Abramowitz said he was not against a developer, builder or progress in the City of Tamarac. He said with his election he felt that the City Council received a mandate from the public. He said the indiscriminate ability of anyone to confront the City Council by requesting and receiving a zoning change without the City Council knowing why, was not an acceptable procedure. He said when a developer, property owner, builder or business had problems with the zoning of land, the City Council should be informed why the land needed to be rezoned. He said if there were requirements, rules and regulations within the City's Ordinances, the City Council had the legal right to change the Ordinances. Mayor Abramowitz said if there were problems with the zoning of the property, he would be sympathetic and help in having the property contain something that would be beneficial to the City; however, he finds difficulty in voting for a matter that he was not fully aware of. He said staff has been very helpful in explaining the problems with the property; however, he was not pleased with someone having the ability to make a change without the elected officials knowing exactly what the problem was or, with what was being planned for the property. Mayor Abramowitz said he was not referring to this Ordinance, specifically. He said there needed to be work done on the City's zoning problems and he asked the City Manager to direct and coordinate Workshops for the City Council regarding zoning in the City rather than changing Ordinances to meet the problems of the property. At this time, V/M Stelzer returned the gavel to Mayor Abramowitz. V/M Stelzer said he was surprised that no one from the St. Malachy's Church and Section 9 and 10 was present at this meeting to discuss this change. He said this change was vital and the only business operating on the property was the NCNB Bank. He said the remaining property was vacant and there was a fence surrounding it. He said the zoning should not be changed without informing the City Council of what would be located on the property. Page 12 3/23/88 V/M Stelzer said there was a school to the north of the property and residential property to the east of the property. He said the City did not want to have an annex on the property and he would like to get more information regarding what would be on the property. Mrs. Brown -Porter said the property currently has asphalt paving and the buildings which were located on the property years ago, were demolished. She said when staff received the zoning petition, the application stated the purpose of the rezoning was to encourage and provide a wider range of services to the surrounding community. She said contract zoning problems did not allow the City to require a Site Plan. She said the property was a problem because of the zoning and, when this Item was brought before the Planning Commission, they expressed their concerns in having a Site Plan available; however, the City had no governing powers to request a Site Plan. Alex Shather, the Architect for the owner, said a Site Plan could not be produced because the owner was not sure what the property would contain. He said the Planning Department indicated that the B-6 zoning was a problem in Tamarac and in the Broward County Land Use Plan Ordinance. He said the owner of the property was receptive to what the City would recommend for the property. He said a shopping center was not planned and, if the City wanted to see a hotel or hospital, the owner would be willing to comply. He said B-6 zoning limited the property in containing office buildings. He said the owner was finding it difficult to use the property in a B-6 zone. Mr. Shather said NCNB Bank was using the front of the area for public parking. He said the NCNB Bank had their own parking facility; however, the property being used by the Bank was closer to the Bank. He said the area and the easements were constantly being repaired. He said there were water wells on the eastern part of the property that had to be mowed in order to provide access for City personnel. He said the owner needed the City's assistance in resolving these problems and in utilizing the property. V/M Stelzer said he would like to see the property utilized; however, until the owner had definite plans for the property, the City could not change the zoning. He said the wells located in the area had to be protected and, until further information about what was planned for the property is discussed, the City could not approve the rezoning. He said he did not want to vote against the Item; however, he would like to see the Item Tabled for further discussions regarding the property. C/M Hoffman asked if the B-6 zoning required that residential and commercial business be mixed and Mrs. Brown -Porter said the City Code stated that the property owner may mix residential and commercial business. She said under the Broward County Land Use Plan, a residential zoning that could go into a commercial area would have to be done by a Land Use Plan Amendment. She said this process conflicted with the Broward County Land Use Plan, the City of Tamarac's Land Use Plan and the City's zoning. She said the zoning would permit a use that is not permitted under the County or the City Land Use Plan. Page 13 3/23/88 Mrs. Brown -Porter said if the owner wanted to have units the City could not deny them since it would be a permitted use within the zoning category. She said the City would then be in non -conformity with the City and the County's Land Use Plans. She said the B--6 zoning in the City of Tamarac has been a problem for several years and the County said the City had to eliminate residential uses from being considered in a commercial zone or rezone the property to meet the requirements. Mayor Abramowitz said he was not convinced that B-6 zoning had to be eliminated and asked if the zoning could be changed. Mrs. Brown -Porter said yes; however, the residents surrounding the areas were concerned about losing their property value. C/M Hoffman asked if the developer could build a bank in B-6 zoning and Mrs. Brown -Porter replied, yes. C/M Hoffman said if the developer tried to add residential over the bank, the City would have problems with the County and Mrs. Brown -Porter said this problem did occur once in the past. C/M Hoffman asked if the County would permit a developer to build residential above commercial and Mrs. Brown -Porter said the County allowed a 5% flexibility rule and within that 5% flexibility rule, the City may have to approve this type of development if the developer met the criteria set by the County and City's Land Use Plans. Mrs. Brown -Porter said the State provided a Small Scale Development Law, which allowed for developers to construct this type of development if the acreage was considered small scale. She said the State may allow the development units of density; therefore, the zoning had to be changed to protect the City. Mrs. Brown -Porter said changing B-6 zoning to eliminate residential areas was not the problem. She said B-6 zoning allowed for a lesser amount of setbacks to the front of the property, which would create problems with the ingress/egress of the property. C/M Hoffman said the City Council could approve a new Ordinance which would Amend the setback requirements and eliminate residential use in a B-6 zoning area. Mrs. Brown -Porter said a new Ordinance could be drafted amending those conditions; however, there were minimal problems that had to be worked out. She said the City attempted to eliminate 26 uses in the B-2 zoning and redo the B-6 zoning last year; however, there were problems with the time involved in getting an application for an Ordinance Amendment through. She said it took 12 to 16 weeks to get the Ordinance Amendment approved and the City had to act on applications within a 15 day time period. C/M Hoffman asked what would happen if this application was Tabled and Mrs. Brown --Porter said because the City Council wanted the matter discussed further with residential being eliminated and the setbacks adjusted, the matter would be handled by the City Manager. Page 14 3/23/88 C/M Rohr said since the developer did not have a definite plan for the property, the time frame would not be a problem. He said he was concerned with what was being placed on the property. He said because the City Council in the past did not have information on properties or the right to know what was planned on the properties, there were shopping centers'that were not being occupied. He said he would like the City Council to have more power in controlling what was being built on properties. C/M Bender asked what prompted the owner to ask for the zone change and Mr. Shather said 1-1/2 years ago, the owner asked him to do a site plan study for the property to utilize the B-6 zoning. He said a site plan was drafted and the B-6 zoning allowed the site plan of two buildings, approximately 59,000 square feet. He said there was space for 600 cars to be parked and the site plan was in compliance with the City Code. He said the owner began to discuss the property with companies, such as, NCNB Bank; however, the market dictated what could be done with the property. He said the owner could not obtain the financing with specifications unless there were pre -leases of 50%. City Attorney Doody cautioned the City Council in discussing this matter. He said there was a distinction between zoning and site plan approval and the Item being considered is for zoning. He said the City Council should be considering the zoning district being requested by the applicant. He said if the uses in the zoning district were unacceptable for the parcel, then that could be the basis for the City Council's decision. He said the Courts have made it clear that it was improper to refuse zoning based on a specific use. C/M Bender said he would like to know what the owner had in mind for the property since a request for rezoning was being applied for. TAPE 3 City Attorney Doody said the zoning being requested is for B-2 and, if the City Council granted the owner the B-2 zoning, the owner would be able to use B-2 zoning uses. * V/M Stelzer MOVED to TABLE Temp Ord. #1382 until the City * Planner and the Architect for the owner discussed this property * further, SECONDED by C/M Rohr. VOTE: ALL VOTED AYE City Attorney Doody said it was acceptable if the developer volunteered information to the City Council regarding what was going to be built on his property; however, he cautioned the City Council from refusing zoning requests because of a specific use. Mayor Abramowitz thanked City Attorney Doody for his concerns and asked that he inform the City Council when he felt they were jeopardizing their position. AGENDIZED BY CONSENT 19. PRESENTATION by Milton Guberman regarding Sister City. SYNOPSIS OF ACTION: AGENDIZED by Consent on Page 6. PRESENTATION was given. Page 15 3/23/88 Milton Guberman, President of U.S./Israel Trade Corporation, said the U.S./Israel Trade Corporation was a non-profit organization. He said he was asked by the Council General of Israel to help obtain Sister Cities in the United States. He said the object of Sister Cities was to promote brotherhood and understanding to all Christian and Jewish citizens and with all mankind. He said in the future, it is hoped that the citizens visit each other to exchange their viewpoints. He said there were no commitments and money involved with this project and the City would not be required to expend money. Mayor Abramowitz asked Mr. Guberman to work with C/M Rohr regarding this project. He said he was honored that the City of Tamarac was selected to participate in this program. 9. MOTION TO APPROVE rejection of all bids received under Bid #88�7, exclusive three-year towing agreement for the City of Tamarac, as recommended by the City Manager. SYNOPSIS OF ACTION: APPROVED. City Manager Kelly said the bids received for the towing project were not to the benefit of the City and he recommended that the bids received be rejected. He said this project has gone to bid twice and the first rejection was requested because the bid requirements did not specify the need for a Performance Bond by the companies. He said this rejection was being requested because two bids were received and the amounts being proposed by the companies would not benefit the City. City Manacter Kelly said he recommends that the Public Works Director award the operation to the company best qualified on a rotating basis. He said there were problems with towing companies and it was in the City's best interest to have a rotating agreement with the towing companies rather than being locked into a 3-year contract with a towing company. C/M Rohr said the City would not be involved with franchised towing companies under the rotating agreement and City Manager Kelly agreed. City Manager Kelly said the franchised companies were willing to pay the City $17,000.00; however, franchised companies would not allow the City to control the fees that the companies would charge for towing. * V/M Stelzer MOVE to APPROVE the rejection of the bids, SECONDED * by C/M Bender. VOTE: ALL VOTED AYE RESOLUTIONS Community Development 10. MOTION TO ADOPT Temp. Reso. #4986 approving a new Agreement between Broward County, the City of Tamarac and Lennar Homes, Inc., relating to the issuance of building permits while platting is in progress for the FAIRFAX I project. SYNOPSIS OF ACTION: RESOLUTION NO. R--88-83 - PASSED APPROVED. Page 16 1 u 1 3/23/88 City Attorney Doody read Temp. Reso. #4986 by title. Mrs. Brown -Porter said this item came before Council when the Lennar Corporation Site Plan was approved. She said at that time, the Lennar Corporation submitted an Agreement that was to be submitted to Broward County which allowed them to construct three buildings and was being considered for platting. She said the platting requirement was a glorified survey; therefore, the County restricted the development to allow one building and 36 garden apartments. She said staff recommended this Item be approved. * C/M Hoffman MOVED to APPROVE this Item, SECONDED by C/M Rohr. City Attorney Doody said the provisions in the Agreement are: (1) The developer would have to pay impact fees to the County and the City would not issue building permits until the City received notification from the County that those fees were paid. (2) The City would not issue building permits or Certificates of Occupancy until the final plat is recorded with the County. liie]q � F ALL VOTED AYE 11. MOTION TO ADOPT Temp. Reso. #4982 concerning a request by Don Fazio, DON CARTER'S TAMARAC LANES, for a special permit to allow the lounge to open at 8:30 A.M. during the Men's State Bowling Tournament on Sundays from April 24 through June 19, 1988. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-88-84 - PASSED City Attorney Doody read Tem2._ Reso. #4982 by title. Mrs. Brown --Porter recommended the fee required be established at $500.00, which is the maximum amount that can be required under the City Code. She said she recommends that additional garbage pick up and refuse be assigned to this site. * C/M Hoffman MOVED to APPROVE this Item, SECONDED by C/M Rohr. C/M Hoffman had concerns about selling alcoholic beverages at 8:30 A.M. and he said he did not believe this request was valid. He asked City Manager Kelly if the Police Department approved this request. City ManagerKelly said the Police Department was not in favor of this request. Don Fazio, of Don Canter's Tamarac Lanes, said the bowling alley is hosting the 54th Annual Men's State Tournament, which would bring approximately 8,000 people plus their guests to the City over a nine week period. He said this tournament came to Broward County once every twelve years. He said the bowling alley was requesting that the bar be allowed to open at 8:30 A.M. for this event only. V/M Stelzer said the request is for 9 consecutive Sundays only. r Page 17 3/23/88 Mayor Abramowitz asked City Manager Kelly if the Police Department was the only staff who opposed this request and City Manager Kelly replied, yes. Mayor Abramowitz asked if the revenue for the City would be $500.00 only and Mrs. Brown -Porter replied, yes. VOTE: General Administrative Mayor Abramowitz - Aye V/M Stelzer - Aye C/M Bender - Nay C/M Hoffman - Nay C/M Rohr - Aye 12. MOTION TO ADOPT Temp. Reso. #4983 awarding Bid #88-15 to THOMAS M. RUFF AND COMPANY in the amount of $107,880.18 for supplying furniture for the Tamarac Municipal Complex, City Hall. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-88-85 - PASSED City Attorney Doody read Temp_ Reso. #4983 by title. * V/M Stelzer MOVED to APPROVE this Item, SECONDED by C/M Hoffman. Keith Emery, Construction Manager, wished the new City Councilmembers luck during their terms. He said the furniture being appropriated at this time for the new City Hall is the second phase of the furniture. He said the project went to bid and Thomas M. Ruff and Company was the lowest bidder. He said after the bidding, negotiations were done with the company and the bid proposed was reduced. He said this approval was needed to authorize the company to supply the furniture because the City Hall would be completed in May and occupied by the City in July. Mayor Abramowitz asked where the company was located and Mr. Emery replied, Fort Lauderdale. Pley9w ALL VOTED AYE 13. MOTION TO ADOPT Temp. Reso. #4984 approving a beer concession oor both the streetair and the celebrity softball game sponsored by the Tamarac Kiwanis Club during the City's 25th anniversary celebration. SYNOPSIS OF ACTION: APPROVE Dwith Amendments. * RESOLUTION NO. R-88-86 - PASSED City Attorney Doody read Temp. Reso. #4984 by title. C/M Rohr MOVED to APPROVE this Item, SECONDED by C/M Bender. V/M Stelzer said the Resolution should be changed to read "Net proceeds received" as opposed to "Monies received". City Attorney Doody said if the City Council wishes the Resolution changed, he would change it. Mayor Abramowitz asked if the City would be required to use "Budweiser" beer only and City Manager Kelly said the Agenda should read "beer" only. 1 Page 18 1 1 3/23/88 City Attorney Doody said the Resolution specified "beer only". Mrs. Brown -Porter suggested a paragraph be added to the Resolution regarding the cleaning of the refuse. She said she would like to receive a letter from the Public Works Department stating that this would be done. C/M Hoffman asked if the Police Department approved this activity and City__Manager Kelly said the Police Department did not participate in approving this Item. He said he had concerns with any activity participating in the use of alcoholic beverages and he would be recommending this Item not be approved; however, the proceeds from the activity would be donated to the Recreation Department. Mayor Abramowitz said every religious leader he was concerned with of the City as well as VOTE: Public Works Department he would be hosting a luncheon for in the City of Tamarac. He said the input of the religious leaders the residents. Mayor Abramowitz - Aye V/M Stelzer - Aye C/M Bender - Aye C/M Hoffman - Nay C/M Rohr - Aye 14. MOTION TO ADOPT Temp. Reso. #4987 awarding Bid #88-16 to Case Power & Equipment Company in the amount of $28,500.00 for a one-track type crawler/dozer. SYNOPSIS OF ACTION: RESOLUTION NO. R-88-87 -- PASSED APPROVED. City Attorney Doody read Temp. Reso. #4987 by title. * V/M Stelzer MOVED to APPROVE this Item, SECONDED by C/M Hoffman. Mike Couzxo, Director of Public Works/Recreation, said this equipment would be used for the drainage and construction projects that the Public Works Department undertakes. He said this equipment would replace the existing equipment which is 9 years old and costly to maintain. He said the money would be coming from a Federal Revenue Sharing Fund Account that was established at the beginning of the Fiscal Year. VOTE: AGENDIZED BY CONSENT 18. a. MOTION TO AUTHORIZE a budget transfer of $4,800.00 from Account #360-872-588-994, titled, Unexpended Trafficway Improvement Funds that has a balance of $642,847.00 to an Account number to be established by the Finance Depart- ment entitled, NOB HILL ROAD DESIGN. b. MOTION TO AUTHORIZE Keith and Schnars, Consulting Engineers, to revise tie —plans and specifications for Nob Hill Road to include the northbound left turn lane on Nab Hill Road at the entrance to the Land Section 7 Public Works/Utilities Administration Building for $4,800.00. SYNOPSIS OF ACTION: AGENDIZED by Consent on Page 6. APPROVED a. and b. Page 19 3/23/88 Bill Greenwood, Director of Utilities/Engineering, said Nob Hill Road was to be constructed in 1992 and the project was moved from 1992 to 1987. He said the County was funding the road's construction and the City agreed to prepare the design as a contribution. He said an Agreement was entered into known as the "Jones Agreement", on the south half of the road. He said the Agreement provided that Keith and Schnars, Consulting Engineers for the developer, coordinate all road work, including drainage and road design. Mr. Greenwood said the road was designed by Keith and Schnars and, in accordance with the Agreement, Keith and Schnars would be reimbursed from the traffic impact fees generated for the City once the development was finished and operating; therefore, the City did not have to expend money on the project at this time. Mr. Greenwood said the road connected Commercial Boulevard and Nob Hill Road. He said during negotiations and design, the County would not permit more than two road openings. He said one opening is at the southern quarter section line, the main entrance into the southern half of Land Section 7 and the other opening is on the northern quarter section. He said the City was not going to be permitted to have a road cut onto Nob Hill Road because the County wanted to limit access to the road; however, the City Planner negotiated with the County Planners and the road cut was approved. Mr. Greenwood said the City received plat comments from the County and the County rescinded their decision to not allow a left turn into the new City Hall Complex. He said since the road is under construction, the City, paying for the project through Keith and Schnars, could have this project completed for $4,800.00 and the City staff was seeking to use the County's unit prices to build the stacking lane for the left turn. Mr. Greenwood said this Item needed approval to prevent extra money being spent to reconstruct the curbs for the left turning lane. He recommended this Item be approved. * C/M Rohr MOVED to APPROVE this Item, SECONDED by C/M Hoffman. C/M Hoffman asked how much this project would cost and Mr. Greenwood said staff would like to have the Item approved with the provision that the amount for the project would not exceed $4,800.00. C/M Rohr asked if the City would be receiving a refund from the plans of Nob Hill Road being 4 lanes as opposed to 6 lanes and Mrs. Brown -Porter said there were several discussions regarding the road being 4 lanes as opposed to 6 lanes; however, the right-of-way has not been reduced to 106 feet. She said the Lennar Corporation and the City of Tamarac felt that this road would not be a primary road and would be a circulating road for the City of Tamarac's residents. She said the developers paid fees to have a 6 lane road and the City has been trying to use that money for projects within the City. She said the City would not be getting a refund if the road was 4 lanes as opposed to 6 lanes because the money was the developers' money. Page 20 1 3/23/88 1 1 Mayor Abramowitz asked if the money had to be returned to the developers if the road was made a 4 lane road as opposed to a 6 lane road and Mrs. Brown -Porter said the County informed the City that once the impact fees were paid, the monies would be used for the roadway systems serving the developments. VOTE: ALL VOTED AYE Mayor Abramowitz ADJOURNED this meeting at 11:10 A.M._.= 14IRMAN ABRAMOWITZ, MAYOR ROT, E. BARBUTO, CITY CLERK "This public document was promulgated at a cost of $170.10 or $4.73 per copy to inform the general public, public officers and employees of recent opinions and considerations of the City Council of the City of Tamarac." Page 21 CITY OF TAMAR.AC APPR VED AT MEETING OF 89 City Clever