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Home My WebLink About1988-04-12 - City Commission Regular Meeting MinutesP. d. BOX 2513113 TAMARAC, FLORIDA 33320 RECORDS OF COUNCIL ACTIONS/DISCUSSION CITY OF TAMARAC CITY COUNCIL REGULAR COUNCIL MEETING TUESDAY, APRIL 12, 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. BERNARD HART - Presentation of a plaque by Mayor Abramowitz 'n recognition of his contributions during his term of office as Mayor of the City of Tamarac. FINAL ACTION: PRESENTATION of a plaque was made to Bernard Hart by Mayor Norman Abramowitz. 2. SYDNEY M. STEIN - Presentation of a plaque by Mayor Abramowitz in recognition of his contributions during his term of office as Vice Mayor and as a member of the City Council of the City of Tamarac. FINAL ACTION: PRESENTATION of a plaque was made to Sydney M. Stein by Mayor Norman Abramowitz. 3. PROCLAMATION endorsing the U.S.-Israel T.R.A.D.E. Corporation "Sister City" Program and providing that the City of Tamarac hereby invites the City of Kfar Saba, Israel, to exchange proclamations as "Sister Cities". FINAL ACTION: PRESENTATION of the Proclamation was made to Milton Guberman by Councilman Henry Rohr. Page 1 4/12/88 CONSENT AGENDA 4. Items listed under Consent Agenda, Item 4, 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 Tem . Reso. #4989 releasing a cash bond in the amount of $1,500.00 posted to guarantee installation of the sprinkler system at THE LANDINGS ON CYPRESS GREENS (Permit 86-3158). FINAL ACTION: APPROVED. RESOLUTION NO. R-88-91 PASSED. b. MOTION TO ADOPT Temp. Reso. #4990 releasing a cash Bond in the amount of $1,000.00 posted by Hoffman Homes to guarantee installation of the driveway at 8522 NW 77 Street (Permit 001115-86). FINAL ACTION: RESOLUTION NO. R-88-92 PASSED. APPROVED. City Clerk C. MOTION TO APPROVE the minutes of the following City Council meetings: 1) 3/ 9/88 - Regular Meeting 2) 3/15/88 - Special Meeting 3) 3/23/88 - Regular Meeting 4) 3/31/88 - Special Meeting FINAL ACTION: APPROVED cl, c2, c3 and c4. d. MOTION TO APPROVE renewal of the model sales and administration office and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for WOODMONT TRACT 74/75, Site Plan #2, for a six-month period from 4/28/88 to 10/28/88; and APPROVAL to refund the amount of $200.00 overpayment for this renewal. FINAL ACTION: APPROVED. Community_Development e. MOTION TO AUTHORIZE a refund of the rezoning application fees in the amount of $600.00 for Petitions 13-Z-88 and 14-Z-88 to MAPLES PROPERTIES N.V.-14 as it has been determined by the Director of Community Development that the applicant cannot proceed with these rezonings. FINAL ACTION: APPROVED. Page 2 4/12/88 1 ri 4. f. MOTION TO AUTHORIZE a refund of road impact fees in the amount of $792.96 paid by F & R Tamarac Ltd. for the FRIEDES COMMERCIAL CENTER as this property is governed by court order and such fees are not applicable. FINAL ACTION: APPROVED. g. MOTION TO APPROVE a request by NOVA UNIVERSITY FOSTER PARENT PROJECT for the Tamarac Fire Department to place a 30 foot by 30 inch banner on the University Drive Overpass for the month of May in recognition of Foster Parent Month pending approval of the State Department of Transpor tation. FINAL ACTION: APPROVED. Utilities/Engineering Department h. 1. MOTION TO ADOPT Temp. Reso. #4995 accepting a canal right-of-way, canal maintenance and drainage easement offered by Fundamental Hopkins -Easton No. 11, Ltd., for the VISUAL GRAPHICS project. 2. MOTION TO ADOPT Temp. Reso. #4996 accepting a canal maintenance easement offered by Fundamental Hopkins -Easton No. 11, Ltd., for the VISUAL GRAPHICS project. 3. MOTION TO ADOPT Temp. Reso. #4997 accepting a safety ingress and egress easement offered by Fundamental Hopkins -Easton No. 11, Ltd., for the VISUAL GRAPHICS project. FINAL ACTION: TABLED at the request of the Engineering Department. i. MOTION TO ADOPT Temp. Reso. #4994 releasing warranty letter of credit 926 in the amount of $58,171.18 posted for public improvements at THE LANDINGS ON CYPRESS GREENS. FINAL ACTION: APPROVED. RESOLUTION NO. R-88-93 PASSED. j. MOTION TO ADOPT Temp. Reso. #5005 calling warranty letter of credit #3682 in the amount of $25,496.69 posted for public improvements at WOODMONT TRACT 72-A if this letter of credit has not been extended by 4/18/88. FINAL ACTION: APPROVED. 1 RESOLUTION NO. R-88-94 PASSED. Page 3 4/12/88 4. k. 1. MOTION TO ADOPT Temp. Reso. #4993 releasing a performance bond in the amount of $69,636.00 posted for public improvements at the UNIVERSITY CLUB APARTMENTS subject to receipt of a one-year warranty bond in the amount of $20,600.00. 2. MOTION TO ADOPT Temp. Reso. #4992 accepting a all of sale for tFie water aistribution and sewage collection system improvements at the UNIVERSITY CLUB APARTMENTS project. 3. MOTION TO ADOPT Temp. Reso. #4991 accepting a drainage easement offered by WOODMONT COUNTRY CLUB, INC., for the UNIVERSITY CLUB APARTMENTS project. FINAL ACTION: RESOLUTION NO. R-88-95 PASSED. RESOLUTION NO. R-88-96 PASSED. RESOLUTION NO. R-88-97 PASSED. APPROVED kl, k2 and M . 1. MOTION TO AUTHORIZE refund to the LAKES OF CARRIAGE HILLS CONDOMINIUM ASSOCIATION of the difference between the water and sewer security deposits received from Lakes of Carriage Hills and the current rate ($1,983.97 deposit received and $960.00 deposit currently required, for a refund of $ $1, 063 .97) . FINAL ACTION: APPROVED. M. MOTION TO APPROVE Change Order #2 to the contract with Man -Con, Inc., in the amount of $504.50 covering quantity adjustments for asphalt and sod for TUW Project 87-23, Woodlands Drainage Improvements; this change order increases the contract price from $81,224.00 to $81,728.50. FINAL ACTION: APPROVED. n. MOTION TO APPROVE Change Order #1 to the contract with Campanella Construction Corporation in the amount of $10,360.00 for certain additions and deletions on Project 88-44, NW 76 Street Drainage Improvements Project_ FINAL ACTION: APPROVED. OPEN PUBLIC FORUM 5. 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 Roy Cherundola, Phil Albin, William Barnett, Melanie Reynolds, Vickie Beech, Irving Katz, and Aaron Heller. 1 1 Page 4 4/12/88 REPORTS 1 6. City Council 7. City Manager 8. City Attorney CONSIDERATIONS City Council 9. MOTION TO SELECT the City's voting delegate and alternate to the Broward County League of Cities. FINAL ACTION: Vice Mayor Jack Stelzer was selected as the City's voting delegate and Councilman Henry Rohr was selected as the alternate. 10. MOTION TO SELECT the four consecutive week period in which Council will not meet during 1988. FINAL ACTION: Council SELECTED the month of July, 1988. Community Development 11. MOTION TO APPROVE relocation of the TAMARAC GARDENS temporary model sales office to Building 6, Units 104 and 105, and approval of the 300-foot distance waiver for issuance of certificates of occupancy for a six month period from 4/12/88 to 10/12/88. FINAL ACTION: APPROVED. Public Works Department 12. MOTION TO APPROVE the installation of 9,636 linear feet of concrete curbing along Woodlands Boulevard and Sago Palm Boulevard in the WOODLANDS SECTION at an estimated cost of $13,940.00, and APPROVAL of the appropriate budget transfer. FINAL ACTION: APPROVED subject to the following conditions: 1. An agreement acceptable to the City Attorney. 2. The Finance Director is authorized to make the appropriate budget transfers from the Beautification Fund. 13. MOTION TO ACCEPT the proposal of Scharf & Associates, Inc., to provide all architectural/engineering/planning services to design an approximate 1,500 square foot multi -purpose building and concession stand for the Tamarac Sports Complex for an amount not to exceed $5,900.00 and to prepare an architectural study for the preparation of a dimensional master plan and conceptual plan for this facility for an amount not to exceed $1,600.00; and APPROVAL of the appropriate budget transfer. FINAL ACTION: APPROVED. Page 5 4/12/88 Utilities/Engineering 14. a. MOTION TO APPROVE Change Order #3 to the contract with Utilities Services, Inc., in the amount of $852.24 for extra electrical cable required and to add 65 days to the contract completion date; this change order increases the contract from $219,972.84 to $220,825.08 and the new contract completion date is 5/16/88 for Project 84-21, TUE Pump Station Modifications. b. MOTION TO APPROVE the transfer of $71,184.00 from TUE Unexpended Funds Account 419-371-588-999 to TUE Pump Station Modification Account 419-301-536-664 in order to fund pump stations 3 and 4 modifications on Project 84-21. FINAL ACTION: APPROVED a and b. RESOLUTIONS Building Department 15. MOTION TO ADOPT Temp. Reso. #5001 approving waiver from the provisions of the sign ordinance pertaining to color requested by BANKATLANTIC in Colony Center. FINAL ACTION: TABLED. City Council 16. MOTION TO ADOPT Temp._ Reso. #4998 appointing regular and alternate members to the PLANNING COMMISSION. FINAL ACTION: RESOLUTION NO. R-88-98 PASSED. APPROVED. APPOINTED the following as regular members to the Planning Commission: David E. Krantz Henry C. Schumann Anthony M. Silvestri Morton Winter APPOINTED the following as alternate members to the Planning Commission: Joseph Schreiber Joseph Suiter Community Development 17. MOTION TO ADOPT Temp. Reso. #5006 allowing ST. MALACHY'S CHURCH to conduct a carnival on church property 4/21/88 through 4/24/88. FINAL ACTION: RESOLUTION NO. R-88-99 PASSED. APPROVED. Fire Department 18. MOTION TO ADOPT Temp. Reso. #5007 creating the position of Fire Marshal with the overall responsibility of the Fire Prevention Bureau. FINAL ACTION: RESOLUTION NO. R-88-100 PASSED. APPROVED. Page 6 4/12/88 1 0 Public Works Department 19. MOTION TO ADOPT Tem . Reso. #5003 approving an Amendment to the 12/9/87 Agreement between SCHARF & ASSOCIATES, INC., and the.CITY OF TAMARAC for architectural services for the City of Tamarac Public Utilities/Engineering Complex on Nob Hill Road. FINAL ACTION: RESOLUTION NO. R-88-101 PASSED. APPROVED. 20. a. MOTION TO ADOPTTemp,_Reso._#5.000 authorizing the _,.. appropriate City officials to execute an Application and Lease for the use of Tamarac Elementary School, Rooms 131 and 132, Hallway, Cafeteria, Stage and Restrooms, for the period of 6/27/88 through 8/12/88, for the City of Tamarac Summer Recreation Program. b. MOTION TO ADOPT Temp. Reso. #4999 approving a fee schedule for participants in the City of Tamarac Summer Recreation Program. FINAL ACTION: APPROVED a and b. RESOLUTION NO. R-88-102 PASSED. RESOLUTION NO. R-88-103 PASSED. Utilities/Engineering Department 21. a. MOTION TO ADOPT Temp. Reso. #5002 authorizing the appropriate City officials to execute an Agreement Between Broward County and the City of Tamarac relating to Termination of Wastewater Treatment Capacity Lease Agreement. b. MOTION TO ADOPT Temp. Reso. #5004 authorizing the appropriate City officials to execute a Second Amendment to Large User Wastewater Agreement Between Broward County and the City of Tamarac relating to Purchase of Wastewater Reserve Capacity. FINAL ACTION: RESOLUTION NO. R-88-104 PASSED. RESOLUTION NO. R-88-105 PASSED. APPROVED a and b. PUBLIC HEARING - 10:00 A.M. 22. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #_4969 concerning a request by INSTANT OFFICE PARTNERSHIP, LTD., for special exception to allow automotive repair (excluding paint and body shop) on lands located on the south side of West Commercial Boulevard between Mainlands Drive and NW 47 Terrace and east of the existing office plaza at 4600 West Commercial Boulevard, which lands are zoned B-3 (General Business). Petition #7-Z-88 (tabled on 3/9/88) FINAL ACTION: DENIED. .Public Hearing was held. Page 7 4/12/88 ORDINANCES Community Development 23. MOTION TO ADOPT Temp. Ord. #1382 on first reading concerning 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 (Public Hearing held 3/23/88 and ordinance was then tabled) FINAL ACTION: APPROVED on first reading. Public hearing was held. Second reading and public hearing will be at 10:00 A.M. during the City Council meeting on April 27, 1988. AGENDIZED BY CONSENT 24. a. MOTION TO ADOPT Temp. Reso. #4898 approving a development order and revised site plan to add first floor bar and grill. b. MOTION TO APPROVE an Agreement between CITY OF TAMARAC and COLONY WEST COUNTRY CLUB relating to the issuance of building permits while zoning is in progress. FINAL ACTION: RESOLUTION NO. R-88-106 PASSED. a. APPROVED, subject to the sign be removed and replaced with a sign that does not say "Open to the Public". b. APPROVED. 25. MOTION TO APPROVE a model sales facility permit for WATER PLACE for six months and to expire 10/12/88 (to be located in Building 1, Apartments 109 and 215). FINAL ACTION: APPROVED. 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 1 1 Ll Page 8 4/12/88 CITY OF TAMARAC TAPE 1 CALL TO ORDER: Tuesday, p ii 1 CITY COUNCIL REGULAR MEETING TUESDAY, APRIL 12, 1988 Mayor Abramowitz called this meeting to Order on 12, 1988 at 9:00 A.M. in the Council Chambers. MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Abramowitz called for the Pledge of Allegiar nce followed by a Moment of Silent Meditation. PRESENT: Mayor Noramn Abramowitz Vice Mayor Jack Stelzer Councilman Herman "Larry" Bender Councilman Bruce Hoffman Councilman Henry Rohr ALSO PRESENT: John P. Kelly, City Manager Richard Doody, City Attorney Patricia Marcurio, Acting City Clerk Pauline Walaszek, Special Services Secretary INTRODUCTION 1. BERNARD HART - Presentation of a plaque by Mayor Abramowitz a rcer ogFT1" on of his contributions during his term of office as Mayor of the City of Tamarac. SYNOPSIS OF ACTION: PRESENTATION was made. Mayor Abramowitz presented the plaque to Bernard Hart thanking him for his service as Mayor of the City of Tamarac. Bernard Hart said he would not trade the two years that he served as Mayor for anything and he wished the City Council luck in the future. 2. SYDNEY M. STEIN - Presentation of a plaque by Mayor Abramowitz in recognition of his contributions during his term of office as Vice Mayor and as a member of the City Council of the City of Tamarac. SYNOPSIS OF ACTION: PRESENTATION was made. Mayor Abramowitz presented the plaque to Sydney M. Stein for his service as Vice Mayor and a Council Member for the City of Tamarac. Sydney M. Stein said he was happy to do what he could for the City and wished the City Council luck in the future. 3. PROCLAMATION endorsing the U.S.-Israel T.R.A.D.E. Corporation Sister City" Program and providing that the City of Tamarac hereby invites the City of Kfar Saba, Israel, to exchange proclamations as "Sister Cities". SYNOPSIS OF ACTION: PROCLAMATION was given to Milton Guberman by C/M Henry Rohr. Page 1 4/12/88 C/M Rohr said the Sister City program was started several years ago; however, it was not completed. He said he worked diligently to get this program back into the City and he presented the proclamation to Milton Guberman. Mr. Guberman said he is happy to be a citizen of Tamarac and to see that this proclamation is enacted. AGENDIZED BY CONSENT 24. a. MOTION TO ADOPT Ted Reso. #4898 approving a develop- ment order and revised site plan to add a first floor bar and grill. b. MOTION TO APPROVE an Agreement between CITY OF TAMARAC and COLONY WEST COUNTRY CLUB relating to the issuance of building permits while zoning is in progress. SYNOPSIS OF ACTION: AGENDIZED BY CONSENT (SEE PAGES 24, 25 and 26 for Final. Action) * C/M Hoffman MOVED to AGENDIZE this Item by Consent, SECONDED by * C/M Rohr. VOTE: ALL VOTED AYE Utilities/Engineering Department h. 1. MOTION TO ADOPT Temp. Reso. #4995 accepting a canal right-of-way, canal maintenance and drainage ease- ment offered by Fundamental Hopkins -Easton No. 11, Ltd., for the VISUAL GRAPHICS project. 2. MOTION TO ADOPT Temp. Reso. #4996 accepting a canal maintenance easement offered by Fundamental Hopkins -Easton No. 11, Ltd., for the VISUAL GRAPHICS project. 3. MOTION TO ADOPT Temp. Reso. #4997 accepting a safety ingress and egress easement offered by Fundamental Hopkins -Easton 11, Ltd., for the VISUAL GRAPHICS project. SYNOPSIS OF ACTION: TABLED at the request of the Engineering Department. * V/M Stelzer MOVED to TABLE this Item at the request of the * Engineering Department, SECONDED by C/M Hoffman. VOTE: ALL VOTED AYE AGENDIZED BY CONSENT 25. MOTION TO APPROVE a model sales facility permit for WATER PLACE for six months and to expire 10/12/88 (to be located in Building 1, Apartments 109 and 215). SYNOPSIS OF ACTION: AGENDIZED BY CONSENT (SEE PAGES 26 and 27 for Final Action) * V/M Stelzer MOVED to AGENDIZE this Item by Consent, SECONDED by * C/M Hoffman. VOTE: Page 2 ALL VOTED AYE 1 1 1 W 4/12/88 CONSENT AGENDA - Item 4. a through n Building Department 4. a. MOTION TO ADOPT Temp. Reso. #4989 releasing a cash bond in the amount of $1,500.00 posted to guarantee installa- tion of the sprinkler system at THE LANDINGS ON CYPRESS GREENS (Permit 86-3158) . SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-88-91 - PASSED b. MOTION TO ADOPT Te_ mp. Reso. #4990 releasing a cash bond in the amount of $1,000.00 posted by Hoffman Homes to guarantee installation of the driveway at 8522 NW 77 Street (Permit 001115-86). SYNOPSIS OF ACTION: APPROVED. City Clerk RESOLUTION NO. R-88-92 - PASSED c. MOTION TO APPROVE the minutes of the following City Councilmeet g 1) 3/ 9/88 -- Regular Meeting 2) 3/15/88 - Special Meeting 3) 3/23/88 - Regular Meeting 4) 3/31/88 - Special Meeting SYNOPSIS OF ACTION: APPROVED c. 1 through 4. d. MOTION TO APPROVE renewal of the model sales and adm n strati no office and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for WOODMONT TRACT 74/75, Site Plan #2, for a six-month period from 4/28/88 to 10/28/88; and APPROVAL to refund the amount of $200.00 overpayment for this renewal. SYNOPSIS OF ACTION: APPROVED. Community Development e. MOTION TO AUTHORIZE a refund of the rezoning application eves inthe amount of $600.00 for Petitions 13-Z-88 and 14-Z-88 to MAPLES PROPERTIES N.V.-14 as it has been deter- mined by the Director of Community Development that the application cannot proceed with these rezonings. SYNOPSIS OF ACTION: APPROVED.' f. MOTION TO AUTHORIZE a refund of road impact fees in the amount of $792.96 paid by F & R Tamarac Ltd. for the FRIEDES COMMERCIAL CENTER as this property is governed by court order and such fees are not applicable. SYNOPSIS OF ACTION: APPROVED. g. MOTION TO APPROVE a request by NOVA UNIVERSITY FOSTER PARENT PROTECT Tor the Tamarac Fire Department to place a 30 foot by 30 inch banner on the University Drive Overpass for the month of May in recognition of Foster Parent Month pending approval of the State Department of Transportation. Page 3 'v 4/12/88 SYNOPSIS OF ACTION: APPROVED. Utilities/Engineering Department h. 1. MOTION TO ADOPT Tem2. Reso. #4995 accepting a canal right-of-way, canal maintenance and drainage ease- ment offered by Fundamental Hopkins --Easton No. 11, Ltd., for the VISUAL GRAPHICS project. 2. MOTION TO ADOPT Temp Reso. #4996 accepting a canal maintenance easement offered by Fundamental Hopkins -Easton No. 11, Ltd., for the VISUAL GRAPHICS project. 3. MOTION TO ADOPT Temp. Reso. #4997 accepting a safety ingress and egress easement offered by Fundamental Hopkins -Easton 11, Ltd., for the VISUAL GRAPHICS project. SYNOPSIS OF ACTION: (SEE Page 2) TABLED at the request of the Engineering Department. i. MOTION TO ADOPT Temp. Reso. utter of credit #26 in the public improvements at THE SYNOPSIS OF ACTION: APPROVED. #4994 releasing warranty amount of $58,171.18 posted for LANDINGS OF CYPRESS GREENS. RESOLUTION NO. R-88-93 - PASSED j. MOTION TO ADOPT Temp. Reso. #5005 calling warranty letter of credit #3682 n the amount of $25,496.69 posted for public improvements at WOODMONT TRACT 72-A if this letter of credit has not been extended by 4/18/88. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-88-94 -- PASSED k. 1. MOTION TO ADOPT Temp Reso. #4993 releasing a performance bond In the amount of $69,636.00 posted for public improvements at the UNIVERSITY CLUB APARTMENTS subject to receipt of a one-year warranty bond in the amount of $20,600.00. 2. MOTION TO ADOPT Temp. Reso. #4992 accepting a bill of sale t-or the water distribution and sewage collection system improvements at the UNIVERSITY CLUB APARTMENTS project. 3. MOTION TO ADOPT Temp.Reso. #4991 accepting a drainage easement 'eredby WOODMONT COUNTRY CLUB, INC., for the UNIVERSITY CLUB APARTMENTS project. SYNOPSIS OF ACTION: RESOLUTION NO. R--88-95 - PASSED APPROVED k. 1 through 3. RESOLUTION NO. R-88-96 - PASSED RESOLUTION NO. R-88-97 - PASSED 1. MOTION TO AUTHORIZE refund to the LAKES OF CARRIAGE HILLS CONDOMINIUM ASSOCIATION of the difference between the water and sewer security deposits received from Lakes of Carriage Hills and the current rate ($1,983.97 deposit received and $960.00 deposit currently required, for a refund of $1,063.97). SYNOPSIS OF ACTION: APPROVED. Page 4 1 1 I 4/12/88 1 m. MOTION TO APPROVE Change Order #2 to the contract with Man -Con, Inc., in the amount of $504.50 covering quantity adjustments for asphalt and sod for TUW Project 87-23, Woodlands Drainage Improvements; this change order increases the contract price from $81,224.00 to $81,728.50. SYNOPSIS OF ACTION: APPROVED. n. MOTION TO APPROVE Change Order #1 to the contract wr h�Camganella Construction. Corporation in the amount of $10,360.00 for certain additions and deletions on Project 88-44, NW 76 Street Drainage Improvements Project. SYNOPSIS OF ACTION: APPROVED. * C/M Hoffman MOVED to APPROVE the Consent Agenda Item 4 a. * through n., excluding h. 1 through 3, which was Tabled, SECONDED * by C/M Bender. VOTE: � 1 !2 3� 0010 _10K� 90) Z0I � ! 5. OPEN PUBLIC FORUM ALL VOTED AYE Roy Cherundolo, Resident of 9800 N.W. 75th Street, read a letter asking the City Council to grant permission for screened -in patios on the canal of Springlake II. Mayor Abramowitz said the City Council received Mr. Cherundolo's letter and staff is looking into the matter. Phil Albin, President of Springlake II, said the Architectural Committee and the Board of Directors approved the screened in patios. Melanie Reynolds, Resident of Sands Point, said the City Code, Section 9--4, stated that the Finance Director shall prepare a written report of the City investments at least on a monthly basis and the report shall be explained to the City Council at a regular or special meeting. She suggested the City Council see that this report is given as stated in the City Code. Mrs. Reynolds had concerns with the Planning Commission being listed in the Charter, City records and City Code. She said the Planning Commission is referred to as the "Land Planning Agency" in the City Code; whereas, the City Charter and Alan Ruf, Consulting Attorney, listed the Planning Commission differently. City Attorney Doody said there is one Planning Commission in Tamarac and the documents relate to that Planning Commission. Mrs. Reynolds said this matter is in violation of the Charter and the State Law. Mayor Abramowitz said City Attorney Doody will research this matter and submit a copy of his findings to Mrs. Reynolds. Page 5 4/12/88 C/M Rohr said the City has always had a Planning Commission and the appointments will be made at this meeting. He said if all of the actions prior to this time were illegal, the City Attorney will inform the City Council. Vickie Beech, Resident of Section 20, said she has attended many Workshops recently held by the City Council and she commended the City Council in their concern with the City's business. She said she has received more information about City fiscal responsibility in those Workshops than she has heard in a number of years. She said Ken Burroughs, Finance Director, has done a good job and the City is lucky to have him. She said she is happy that Mayor Abramowitz has conservative priorities because anything financially can happen in the City. Irving Katz, Resident of Lakes of Carriage Hills, had concerns with the fish dying in the lakes. He asked the City Council to see that the water be checked for contamination and the dead fish be removed. C/M Rohr said he spoke with Bob Foy, Engineering Department, regarding this matter and Mr. Foy will be submitting a report on the types of testing that can be done at the lake. He said the Unit Director of the Lakes of Carriage Hills will be informing him of their findings as well. Aaron Heller, Resident of Greenhaven, Section 12, had concerns regarding the City's ambulance service. He said he submitted a letter 6 months ago regarding transporting the intensive care patients to private and public hospitals. He asked the City Council to look into this matter. Mayor Abramowitz asked Mr. Heller to submit the letter to the City Clerk and the City Council will see that this matter is investigated. REPORTS 6. City Council C/M Hoffman reported that he, C/M Rohr, C/M Bender and V%M Stelzer attended the recent Northwest Council of Mayor's meeting. He said the Northwest Council questioned whether the School Board was in compliance with the State's new Comprehensive Planning Act because the ca_ties may be penalized if they were not. He said the Northwest Council received a letter from Laurie Parrish stating that she was not aware if the School Board was not in compliance; however, she would investigate further and report back with her findings. C/M Hoffman said the Northwest Council decided that the host City would provide the clerical work for each meeting. He said there was discussion regarding the sale of salvagable materials and all agreed that the cities had to become involved in the recycling program. C/M Rohr reported that he proposed that all the cities work together in getting recycling programs and that Workshops be held regarding this matter. C/M Bender - No Report Page 6 I C 4/12/88 1 1 V/M Stelzer reported that he is concerned with City Council members having liaisons on Boards and Committees that contain City staff, vendors or developers. He said City Council members would be subjecting themselves to the problems that may arise and he said the Committees on which the City Council should not have liaisons are Fire and Police Departments, Public Works, Utilities and Engineering Departments because these Departments deal directly with the City Manager. He said Planning and Zoning, Site Plan Review and Community Development Committees should not have City Council liaisons. He said the Committee meetings are open to anyone who wants to sit in; However, the City Council members should not be able to participate in the decision making process needed on these Committees. Mayor Abramowitz - No Report 7. C_ity Manager City Manager Kelly reported that the City's 25th Anniversary Celebration will be held during the week of October 3, 1988 to enable more of the City residents to participate. 8. City Attorney City Attorney Doody -- No Report CONSIDERATIONS City Council 9. MOTION TO SELECT the City's voting delegate and alternate to the Broward County League of Cities. SYNOPSIS OF ACTION: SELECTED V e Mayor Jack Stelzer as the City's voting delegate and Councilman Henry Rohr as the alternate. City Manager Kelly said the Broward League of Cities informed the City that they needed representatives as voting delegates. C/M Hoffman NOMINATED V/M Stelzer as the City's voting delegate, SECONDED by C/M Bender. VOTE: ALL VOTED AYE V/M Stelzer NOMINATED C/M Rohr as an Alternate, SECONDED by C/M Hoffman. VOTE: ALL VOTED AYE 10. MOTION TO SELECT the four consecutive week period in which Co� until will not meet during 1988. SYNOPSIS OF ACTION: SELECTED the month of July, 1988. City Attorney Doody said the Charter, Section 4.06, provides that the City Council shall meet at least twice a month except for a 4 week period which is to be designated no later than April 15, 1988. * C/M Rohr MOVED to SELECT July, 1988 as the month in which the * City Council will not meet, SECONDED by C/M Bender. Page 7 4/12/88 VOTE : Community Development ALL VOTED AYE 11. MOTION TO APPROVE relocation of the TAMARAC GARDENS temporary model sales office to Building 6, Units 104 and 105, and approval of the 300-foot distance waiver for issuance of certificates of occupancy for a six month period from 4/12/88 to 10/12/88. SYNOPSIS OF ACTION: APPROVED. Thelma Brown -Porter, City Planner, said applications from Lennar Corporation have been received for temporary model sales and administrative units. She said all the requirements have been met and all of the fees have been paid and she recommended this Item be approved. * C/M Hoffman MOVED to APPROVE this Item, SECONDED by C/M Bender. VOTE: ALL VOTED AYE Public Works De artment 12. MOTION TO APPROVE the installation of 9,636 linear feet of concrete curbing along Woodlands Boulevard and Sago Palm Boulevard in the WOODLANDS SECTION at an estimated cost of $13,940.00, and APPROVAL of the appropriate budget transfer. SYNOPSIS OF ACTION: APPROVED witconditions. Mike Couzzo, Director of Public Works, said the City will be installing the necessary curbing providing the Woodlands Association installs landscaping and maintenance of that landscaping. He recommended this Item be approved because the City would be saving money for the landscaping and maintenance. C/M Rohr asked if the City would be responsible for the medians and Mr. Couzzo replied, no. C/M Hoffman suggested this Item be Approved subject to the signing of the Agreement. * C/M Bender MOVED to APPROVE this Item, SECONDED by C/M Rohr. TAPE 2 V/M Stelzer suggested the funding be taken from the Beautification Special Projects Fund; however, the Finance Director did not recommend this because this project was not budgeted for that fund. City Manager Kelly agreed that the funds should come from the Beautification Special Projects Fund. V/M Stelzer suggested the Motion be Amended to state that the funds will come from the Beautification Special Projects Fund, Account #001-130-539-535. City Attorney Doody suggested the MOTION be: APPROVED subject to an Agreement acceptable to the City Attorney's Office and that the Finance Director be AUTHORIZED to make the appropriate transfers from the Beautification Special Projects Fund. C/M Bender as the maker of the MOTION agreed to this AMENDMENT, C/M Rohr as the SECOND also agreed. 1 1 1 Page 8 4/12/88 Harold H. Newman, Resident, had concerns with the wording in the Agreement and he suggested the Agreement state the arrangements along with the curbing being specified as a median. City Attorney Doody said the terms of the Agreement will specify where the curbing will be. Mr. Newman said the public should be informed where the curbing will be. C/M Rohr said the City is curbing all streets and the street in question is City owned. Mr. Issacson, Resident and Chairman of the Legal Committee for the Woodlands Homeowners Association, thanked the City Council for their concern in this matter. He said Florida Power and Light caused this confusion and he assured the City Council that a favorable Agreement will be entered into by the Woodlands Homeowners Association. VOTE: ALL VOTED AYE PUBLIC HEARING - 10:00 A.M. 22. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #4969 concerning a request by INSTANT OFFICE PARTNERSHIP, LTD., for special exception to allow automotive repair (excluding paint and body shop) on lands located on the south side of West Commercial Boulevard between Mainlands Drive and NW 47 Terrace and east of the existing office plaza at 4600 West Commercial Boulevard, which lands are zoned B--3 (General Petition #7-Z-88. (tabled on 3/9/88) Business). SYNOPSIS OF ACTION: Public Hearing Held. DENIED. City Attorney Doody read Temp. Reso. #4969 by title. Mrs. Brown -Porter said the zoning on this property is B-3 and the Master File number is 6-86. She said the legal description is a portion of Tract 9, Section 13, Township 49 South. She said staff recommended at the Planning Commission meeting that the hours of operation be between 8:00 A.M. and 9:00 P.M. and no paint and body work be permitted. She said staff also recommended that no overnight parking be allowed, no outside storage or outside work be allowed and no major repairs. She said the developer submitted a Declaration of Covenants restricting the property to these recommended uses. She said the City Attorney has not had the opportunity to review the Declaration of Covenants. She said the developer submitted a revised site plan and would be presenting it at this time. Mayor Abramowitz asked if the Planning Commission made a recommendation on this item and Mrs. Brown -Porter said Planning and Zoning staff recommended that the site plan be revised to allow for the restricted uses; however, the Planning Commission denied the application. Larry Kramer, Architect for the developer, said the land located opposite the Lauria Shopping Center was rezoned to B-3 because the intent of this land was for auto Page 9 r� 4/12/88 related uses. He said the Planning Commission and the Planning Department was informed of this intent when the land was changed to B-3. He said this item is before the City Council for special exceptions, site plan and plat approval. Mr. Kramer said the turning lane and the retiming of the light has been approved by the State. He said the access to the property from the decel lane has also been approved by the State. He said the front area along Commercial Boulevard would be landscaped, bermed and a driveway. He said the lands to the east of the drive would be landscaped with a berm. He said he proposed that the back of the building, which is critical, have an 8-foot high wall; however, the wall could not be a straight wall. He said the wall has been zig-zagged to a 15-foot module and, every 15-feet, there will be a major tree in the well. He said the landscaping will be done with hedge material on both sides of the wall; therefore, the wall will be 50% to 60% hidden with a major tree on both sides of the wall. He said the remaining landscaping is above the minimum Code requirements without exception. He said the east property line will be landscaped very heavily with major trees. He said most of the landscaping in the front will be large palm trees because they will be more appropriate for the area than the standard live oak or mahogany trees. Mr. Kramer said the building will be maintaining a residential character of building. He said the gable ends will be emphasizing the building down the run and breaking up the roof with a residential scale. He said the building is basically the height of a house and the peak of the building is 18-feet above the finished floor. He said a typical house may be 14 to 18-feet with a pitched roof. He said the top of this building will be as high as a house and if the building is a foot or two higher, it did not matter much. He said the roof would be sloped with a standing seam. He said there will be a lot of glass in the front of the building to give a nice open feeling. He said the project will be made very attractive. Referring to an elevation sketch, Mr. Kramer said this sketch is a concept of the intent of the design of building. He said the building will be 18-feet in height to the peak from the first floor elevation. He said the bays will be broken by gable ends to avoid a continuous roof line. He said the colors of the roof will be gray and silver and the frames will be the color of wine. He said the sides of the roof will be low to bring back the character of a residential scale. He said the building is 9,624 square foot and, at this time, there is an interested tenant who is Eagle, Speed, Oil and Lube and the tenant is similar to a ,jiffy Lube operation. Mr. Kramer said the intent of the building is to have automotive uses by having one company feeding the other company to make this a viable set of businesses. He said 1-1/2 years ago, he tried to develop an office building concept for this property and, because of the market being bad for this type of concept, he changed the intent because he did not want another vacant building in the City. He said the present concept is economically viable and is in a suitable location which will give a low traffic impact. He said the concept had lower traffic impact than any retail or office use and the County and City's parking requirements will show that this concept Page 10 4/12/88 will be the lowest in traffic impact. Sam Cantor, Attorney for the developer, said the developer has agreed to all of the City's staff recommendations and the developer agreed to a deed restriction on the property for 99 years. He said the Planning Commission felt that they could not recommend approval on the basis that they did not know who would be leasing the property; however, the developer has received a Letter of Intent for part of the property. C/M Hoffman asked how high the developer could build if an office building would be planned for the property and Mrs. Brown -Porter replied, 3 stories or 40 to 50-feet. V/M Stelzer said the Minutes of the Planning Commission meeting regarding this matter was not clear because the tape broke and he asked why the Planning Commission denied this project. Mrs. Brown -Porter said the notes she has attached to her documents stated that the Planning Commission wanted to know who the tenants would be. She said they were concerned and did not want major repairs on the property. She said they wanted heavy buffering to the rear of the property because they wanted no noise going into the single family residential area. She said Mr. Cantor said that the developer would be willing to put up the noise protection berm and wall; however, the Planning Commission objected to not having the list of tenants and the proper protection for the single family residences. V/M Stelzer asked Mrs. Brown --Porter to explain what the Planning Commission meant by proper protection. Mrs. Brown --Porter said the Planning Commission felt as if they wanted some assurance that the area would not become blighted with vehicles being repaired outside and that the employees would not be coming to work at 5:00 A.M. and disturbing the residents. She said the Planning Commission felt the area should not be disturbed with that type of auto care use. She said the Planning Commission wished the developer to come back with more detailed plans and restrictions regarding the major auto repairs, which the developer has. She said the Planning Commission also wished the developer to come back with a better design for the building so that it would blend in with the neighborhood. V/M Stelzer asked if the developer complied with all of the things that Planning and Zoning objected to and Mrs. Brown -Porter said the developer has come back with a Restricted Covenant which the City Attorney has not reviewed; however, the Covenant agreed to the hours of operation being limited from 8:00 A.M. to 9:00 P.M., no paint and body work would be permitted, no overnight parking, no outside storage, no outside work and no major repairs. She said in addition to the restrictions, the developer has come back with an elevation of the building with the landscaping, berming and a wall to protect the residents from any noise. V/M Stelzer asked if the Planning Commission would approve the developer's changes and Mrs. Brown -Porter said she was not sure; however, these things are what they requested. Page 11 4/12/88 V/M Stelzer said the Planning Commission received everything they requested with the exception of knowledge of who the tenants would be and Mrs. Brown -Porter replied, yes. C/M Hoffman asked City Attorney Doody if the developer had to submit a list of tenants to the City and City Attorney Doody replied that no legal appointment could be made to have the developer submit a list of tenants. C/M Rohr asked how high the berms would be from zero ground level and Mr. Kramer said the berms will be 3 to 5-feet from the front. Mr. Kramer said the property had a 25 degree area; therefore, the berming could escalate. He said the developer wants to keep the berm high and the higher point of the berm would contain the trees. C/M Rohr asked how high the berming would be in the back and Mr. Kramer said the back would contain an undulating wall and, the zig zag of a 50-foot module would contain a tree 15-feet on center. He said in each pocket of the wall there will be a tree and the wall will be 8-feet high. He said landscaped material will be on both sides of the wall such as hedges. He said flowering material may be placed there if the sun shines enough in the area. He said in placing a tree 15-feet on center, it would be doubling the requirements and, by doing this, a hedge effect of trees will be along the back wall. He said the graphic showed that at 15-feet away the building will not be visible and the wall would be to the roof elevation at the site line. Mayor Abramowitz Opened the Public Hearing. Anthony Tedesko, Resident at 4722 N.W. 49th Court, said his property is 100-feet south of the property being discussed. He said the residents in the area are objecting to an auto repair shop because of the noise and problems that will arise from the development. He said he surveyed the land and found that N.W. 50th Court is 4--feet 10--inches lower than Commercial Boulevard; therefore, in order to put the building on the property, a retaining wall must be built 4-feet 10-inches higher and fill dirt must be placed at the wall line. He said the building had to be higher than Commercial Boulevard so that water will flow away from the building; therefore, the building must begin at 6 to 8 inches higher than the ground. He said the developer will actually be placing a 12-foot wall in the back and the development will contain 20 units. He said if the developer is allowed to place an auto repair shop on the property without informing the City and residents of what type of shops will be there, the developer can place who and whatever he likes in the units. He said the residents in the area are retired and, they appreciate the serenity in the area and if the developer is allowed to build this auto repair shop, the residents' serenity will cease. Walter Coghlan, Resident and President of Mainlands 5, said in the last three years, two cars have gone in the canal at that area. He said 85% of the cars are driving 45 miles per hour plus and the road narrows in the area because of the bad bend in Commercial Boulevard. He had concerns with the property being elevated to Commercial Boulevard's height and he said if the developer intended Page 12 1 1 1 4/12/88 to raise the property to that height, the site plan will have to be revised. He said with the trees being planted, there will be problems in coming years with the roots in the canal. He said the residents of Mainlands 1, 2, 3, 4 and 5 are opposing this development. Vickie Beech, Resident, said this development is an example of the Growth Management Law which stated that the Cities will have to refuse developments that cause heavy traffic. She said there was an editorial in the newspaper addressing this type of issue. she said the City Council is having Workshops regarding Growth Management and this Item is one of those major concerns. Ben Rossman, Resident of Woodlands Section 5, said when the land was rezoned, it was presented as a use for an auto repair shop only. He said if this property is used for an auto repair shop, it would be a complete disservice to Tamarac and the residents of Woodlands. Anthony Grimaldi, Resident and a Planning Commission member, said the Planning Commission rejected the concept of having an auto repair shop in the area. He said the Planning Commission asked for the restrictions and to have the developer make the hours of operation from 8:00 A.M. to 9:00 P.M. was ridiculous because there are cars that have to be left overnight because of work being done. He said the area where the auto repair shop will be located had residents living close to it and the area had auto repair shops on the four corners. He said this area did not need another auto repair shop; therefore, the developer should be asked to build something else there. Carl Alper, Resident of Section 23, suggested that the City Council allow the Planning Commission to readdress this Item. Mayor Abramowitz Closed the Public Hearing with no further response. Mr. Cantor said he was not aware that this Item could be presented with changes to the Planning Commission. He said he would have no objections to presenting the changes to the Planning Commission if the City Council desired. Mr. Kramer said the traffic impact would be the lowest for this development than for any development placed in the area. C/M Rohr asked Mr. Kramer to explain the matter of elevation and Mr. Kramer said the property dropped off between 3-1/2 to 4 feet between the two streets. He said he is proposing to elevate the property with 2-feet of fill, which will grade the property properly so that the water can drain into the canal. He said the front of the property will remain with the elevation of Commercial Boulevard. He said there will be drainage basins in the parking area and the grading problem is small. C/M Hoffman said the City Council had a lot to consider and a lot of investigating to do and he suggested this Item be Tabled. Page 13 4/12/88 C/M Bender said if the Planning Commission had reservations regarding this Item, they should have Tabled the Item as opposed to denying it. He said the same questions that the City Council is asking, the Planning Commission asked. TAPE 3 C/M Bender said this development would be using several power.ed tools which are extremely noisy and will generate a high noise level and some high noise developments such as, muffler shops, tire shops, brake lining shops, etc., exceed the permitted noise level in the City's current Ordinance. He said the residents living around the area should not be subjected to this type of noise level. V/M Stelzer said if five Sections in the City object to a development of this type, he will object as well. Mayor Abramowitz said he did not want to see this Item Tabled or sent back to the Planning Commission. He said if the Planning Commission denied the application, he would like this matter decided upon at this time. He said this development is an objectionable use to the residents and the Planning Commission sent their recommendations. * V/M Stelzer MOVED to DENY Temp. Reso. #4969, SECONDED by C/M * Rohr. VOTE: ORDINANCES Community Development ALL VOTED AYE 23. MOTION TO ADOPT Temp. Ord. #1382 on first reading concerning 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 (Public Hearing held 3/23/88 and ordinance was then tabled) SYNOPSIS OF ACTION: Public Hearing Held APPROVED on first reading. City Attorney Doody read Temp. Ord. #1382 by title. Mrs. Brown --Porter said the zoning on this property is B-6 and the request to rezone the property was submitted to the City Council on March 23, 1988, at which time, this Item was Tabled for further study. She said this Item was approved by the Planning Commission on March 2, 1988 and the City Council asked that staff discuss this property with the developer regarding the restrictions for the property. She said the developer submitted a concept site plan which they are not required to submit under the City Code. She said the developer also submitted a Restricted Covenant which outlines some of the uses they will be permitting on the development. Mayor Abramowitz asked what the restrictions are to the property and Mrs. Brown -Porter asked the City Council to bear in mind that the City did not have the right to request the developer to restrict his property. ri Page 14 4/12/88 Mayor Abramowitz asked City Attorney Doody if the City Council is out of order and City Attorney Doody said the developer has submitted voluntary restrictions; therefore, the City Council is not out of order. Mrs. Brown -Porter said the Items that will be submitted to the City Council are in Exhibit A, which is attached to an inter -office memo with the developer's request for a Restrictive Covenant to be filed with Broward County. She said the following lists and services shall be prohibited in a B-2 district for Summit Professional Complex: Airplane Schools Airconditioning Equipment Ambulance Services Animal Boarding Clinics Auto Paint and Body Shops Auto Repairs Auto Tire Sales and Installations Auto Wash Bait/Fish Stores Billiards and Pool Rooms Boat Sales Bottle Gas and Storage Bus Terminals Carpet and Rug Cleaning on Premises Curb or Auto Service Restaurants Engine Sales and Services Gasoline Filling Stations Landscape Nurseries Linen Services Partying (commercial, except for tenant use) Parking Garages (except for tenant use) Vehicular and Boat Maintenance Waiting and Ticket Rooms for Transportation Alex Akdoruk, the Architect for the Developer, said these uses where picked from the B-2 zoning allowances. He said the other uses are, flower shops, candy stores, restaurants, etc. He said the last time he was before the City Council, there was discussion regarding the rezoning of the property from B-6 to B-2 and B-6 allowed for these things; however, the developer wanted a zoning that would allow for a larger economic base. He said the conceptual plan is for a three story office building and is not completed for the City Council to approve. He said the property did contain live oaks and, at the time of permitting, the trees will be saved and possibly transplanted. He said the building may contain retail stores, a bank, etc., on the ground floor and the remaining floor will be determined at a later time. V/M Stelzer asked Mr.Akdoruk if he is aware of the restrictions by the County and State because of the City's wellfields in the area and Mr.A-kdoruk replied, yes. He said the developer is open to any other uses that the City Council and the residents would recommend. C/M Hoffman asked Mrs. Brown -Porter what the zoning on each side of the property is and Mrs. Brown -Porter said the zoning across the street from the property is B-2, the property to the south is B--2, the property to the north is zoned B-1 and the rear property line is residential. Mayor Abramowitz Opened the Public Hearing. Page 15 4/12/88 Harold Black, Resident of Section 10, 59th Street, said 61st Street is the major east/west street with a church on the north side of 61st Street and University Drive. He said 61st Street is narrow and any project being built at this particular site will increase traffic from east to west of 61st Street endangering Section 10. Mayor Abramowitz Closed the Public Hearing with no further response. C/M Rohr said he is tired of seeing shopping centers that are empty in the City and the City Council has to control the development in the City. He said he hoped that the developer would consider this when the site plan is drafted. He said he will not vote for another shopping center as long as he is a Council member. C/M Hoffman asked if shopping centers and stores are permitted in a B-6 zone and Mrs. Brown --Porter said yes. She said she is concerned with the overabundance of commercial sites as well as professional sites. She said there is not a method that the City could use to deny these types of developments. She said Broward County submitted a study which stated the overabundance of professional and commercial developments and, fortunately, Tamarac is not in as bad a condition as some of the surrounding Cities. She said she has no method to place a moratorium for these developments. V/M Stelzer said the City had the opportunity several years ago to buy the property where the 6000 Complex is located. He said the City had the opportunity to have a movie theater placed there and, because of the traffic impact that would come with the development, the City Council voted it down. He said since then, the City of Lauderhill agreed to have the theater built on their property which caused Tamarac to receive the same amount of traffic for which they denied the project for. He said the City did not need empty spaces; therefore, something had to be built on the property. Mayor Abramowitz said when this Item came before the City Council previously, the City Council said that the City would help the owner of the property to determine what should be on the property. He said he resents property owners coming before the City Council for rezoning without giving an indication of why they wanted the rezoning. He said is puzzled with why this developer is asking for the rezoning. He said he would be opposed to a development that would have a traffic impact on the area; however, the City will not benefit by having the area vacant. He said the City Council should be aware of what they are voting on. City Attorney Doody said he understands the City Council's concern; however, the zoning case law states clearly that when the Council considers a rezoning, they are to limit their particular discussion and analysis of the site to the zoning district, which in this case is B-2. He said if the developer wants to volunteer what his proposed plans are, they will be welcomed; however, the City Council should not concern themselves with anything except if the rezoning is appropriate with the area. C/M Hoffman said a person had the right to request the best possible use for his property. He said the concern regarding the traffic impact is valid and when a site Page 16 4/12/88 1 1 1 plan is presented, provisions can be made to avoid the traffic impact by denying access from the streets. He said University Drive is being widened and the surrounding property is the same zoning area that this developer is requesting. C/M Hoffman said the City Council had no legitimate reason to deny this rezoning request. He said the developer can build a shopping center in a B-6 zone as well as a B-2 zone; therefore, the City Council should not deny a developer the right to the best use of his property if he is conforming with the neighboring properties. He said the City Council should not be requesting the developer to inform them what will be done with this property because it is contrary to law. * V/M Stelzer MOVED to APPROVE Temp Ord. #1382 on first * reading, SECONDED by C/M Hoffman. City Attorney Doody said the Motion should be contingent upon the execution of the voluntary restrictions. V/M Stelzer as the Maker of the Motion and C/M Hoffman as the Second agreed to this Amendment. VOTE: Mayor Abramowitz - Nay V/M Stelzer - Aye C/M Bender - Nay C/M Hoffman -- Aye C/M Rohr - Aye ** EDITOR'S NOTE: Second reading and Public Hearing on this item will be held at 10:00 A.M. at the City Council meeting of April 27, 1988. 13. MOTION TO ACCEPT the proposal of Scharf & Associates, Inc., to provide all architectural/engineering/planning services to design an approximate 1,500 square foot multi -purpose building and concession stand for the Tamarac Sports Complex for an amount not to exceed $5,900.00 and to prepare an architectural study for the preparation of a dimensional master plan and conceptual plan for this facility for an amount not to exceed $1,600.00; and APPROVAL of the appropriate budget transfer. SYNOPSIS OF ACTION: ACCEPTED. Mr. Couzzo said this request is for the design of a multi -purpose concession stand at the Tamarac Sports Complex (Tract 27). He said this firm will do a landscape and overall master plan for the facility. He said three architectural firms were solicited and Scharf & Associates, Inc., was the low bidding firm for the project. C/M Hoffman asked if there was a grant for this project and Mr. Couzzo said the grant is for the development of Veterans Park. * V/M Stelzer MOVED to APPROVE this Item, SECONDED by C/M Hoffman. VOTE: Page 17 ALL VOTED AYE 4/12/88 Utilities Engineering 14. a. MOTION TO APPROVE Change Order #3 to the contract with Utilities Services, Inc., in the amount of $852.24 for extra electrical cable required and to add 65 days to the contract completion date; this change order increases the contract from $219,972.84 to $220,825.08 and the new contract completion date is 5/16/88 for Project 84-21, TUE Pump Station Modifications. b. MOTION TO APPROVE the TUE Unexpended Funds Station Modification fund pump stations 3 SYNOPSIS OF ACTION: APPROVED a and b. transfer of $71,184.00 from Account 419-371-588-999 to TUE Pump Account 419-301-536-664 in order to and 4 modifications on Project 84-21. Bill Greenwood, Director of Utilities/Engineering, said staff recommended that this item be approved. a. C/M Hoffman MOVED to APPROVE this Item, SECONDED by C/M Bender. VOTE: ALL VOTED AYE Mr. Greenwood said the pump stations were bidded on last March and there were six stations in the proposed bid. He said unit prices were taken on each station; however, because of funding limitations, only four of the stations were funded. He said at the close of the last Fiscal Year there are sufficient monies in the Unexpended Funds Account to be transferred to the project. He said the contractor, who bid this project last year, agrees to hold the original unit prices. b. C/M Bender MOVED to APPROVE this Item, SECONDED by C/M Rohr. VOTE: ALL VOTED AYE V/M Stelzer asked if there is any way to increase the water level of the canals because the canals are beginning to smell and the residents are complaining. Mr. Couzzo replied, yes and V/M Stelzer asked Mr. Couzzo to see that this matter is taken care of. RESOLUTIONS Building Department 15. MOTION TO ADOPT Temp. Reso. #5001 approving waiver from ,the provisions of the sign ordinance pertaining to color requested by BANKATLANTIC in Colony Center. SYNOPSIS OF ACTION: TABLED. City Attorney Doody read Ted_ Reso. #5001 by title. C/M Rohr said the Planning Commission denied this Item because this exception is for a sign color. He said the City has insisted that all new shopping centers have a light sign over each and every enterprise. He said he did not agree with giving one business an exception because other companies will want the same type of exception. 1 1 Page 18 4/12/88 C/M Hoffman asked what colors are permitted, what colors are being requested and, if the colors being requested are part of the bank's logo. He said he knows that BankAtlantic's logo color is blue and the City Code states that the City should give them the right to use a standard logo color. Bob Jahn, Chief Building Official, said the City Code allowed the standard logo color; however, he has not been informed what the logo is nor what the registration number is and C/M Hoffman suggested this Item be Tabled. V/M Stelzer said for 5 years, the City worked on the sign Ordinance to keep the colors uniform in the City. He said the City should not change the City Code for any business that does not comply with allowed colors. Mayor Abramowitz said Mr. Jahn said the City Council had the option to grant a variance for color and he asked City Attorney Doody if the City Council is required to grant an exception. City Attorney Doody said this procedure would be for a waiver and the City Council could decide to grant or not to grant the waiver. He said he understands that BankAtlantic's colors are blue and white and he feels uncomfortable that no one from BankAtlantic is present to represent the bank by explaining the costs involved to comply with the City Code. C/M Rohr said there is no logo available and he believes the matter may involve lettering; therefore, the City Council should not concern themselves in changing the lettering. * C/M Hoffman MOVED to TABLE this Item. MOTION FAILED for lack of a SECOND. * V/M Stelzer MOVED to DENY this Item, SECONDED by C/M Rohr. Mayor Abramowitz asked if the bank could reapply for the sign with more information if the City Council denied this Item and City Attorney Doody he would not recommend that this Item be Denied. He said if there is more information needed by the City Council the Motion should be to Table rather than trying to reopen the issue. He said if the City Council feels uncomfortable because they did not have enough information, a Motion to Table would be more appropriate. He said if the City Council did not want to Table this Item, at the next meeting, a Council member who voted in the majority, may make a Motion to Reconsider the Item for further action. Mr. Jahn said if the logo is a registered color, all BankAtlantic needed to do was submit the registration showing the colors and the Item will be represented to the Planning Commission for approval. He said the Planning Commission will probably grant the waiver. * C/M Hoffman REINTRODUCED the MOTION to TABLE. Mayor Abramowitz asked if BankAtlantic was aware of the proper procedure in filing for this waiver and Mr. Jahn said he cannot confirm it. Page 19 4/12/88 V/M Stelzer said if this Item is denied and BankAtlantic submits a registered logo, the Building Department can grant the waiver without City Council's approval and Mr. Jahn agreed. V/M Stelzer said he would like to see this Item Denied. City Attorney Doody said the record will show that the Item was denied and the Planning Commission may consider this action if the Item is represented to them. * C/M Hoffman REINTRODUCED the MOTION to TABLE, this Item was * SECONDED. VOTE: ALL VOTED AYE City Council 16. MOTION TO ADOPT Temp. Reso. #4998 appointing regular and alternate members to the PLANNING COMMISSION. SYNOPSIS OF ACTION: RESOLUTION NO. R-88-98 - PASSED APPROVED. City Manager Kelly said he recommended that each Council member be allowed to appoint one Regular and one Alternate member to the Planning Commission; however, until the appropriate documents are drafted for this procedure, the City Council will have to select by a ballot vote. He said the City Council received two lists with the persons who are interested in serving on the Planning Commission. The City Council will select their choices on the list and sign the list, submit the:-- lists to the City Clerk. He said the City Clerk will read each list submitted by the Council members. * V/M Stelzer MOVED to ACCEPT this procedure in voting for the * Planning Commission members, SECONDED by C/M Hoffman. VOTE: ALL VOTED AYE The following is the City Council's vote for the four (4) Regular members of the Planning Commission: Mayor Abramowitz - Gus Frost Anthony Silvestri Joseph Suiter Morton Winter V/M Stelzer - David Krantz Henry Schumann Anthony Silvestri Morton Winter C/M Hoffman -- David Krantz Henry Schumann Anthony Silvestri Morton Winter C/M Rohr - David Krantz Henry Schumann Anthony Silvestri Morton Winter C/M Bender - Gus Frost David Krantz Anthony Silvestri Joseph Suiter Page 20 r �� 4/12/88 TAPE 4 The following were APPOINTED as REGULAR PLANNING COMMISSION MEMBERS: David E. Krantz Anthony M. Silvestri Henry C. Schumann Morton Winter The following is the City Council's vote for the two (2) Alternate Members of the Planning Commission: C/M Bender - Carl Alper Joseph Suiter Mayor Abramowitz - Carl Alper Joseph Suiter C/M Hoffman - Joseph Schreiber Seymour Stein C/M Rohr - Joseph Schreiber Seymour Stein V/M Stelzer - Norman Du Bois Joseph Schreiber JOSEPH SCHREIBER was selected as one of the Alternate members; however, another vote was needed to select the second Alternate member: C/M Bender - Joseph Suiter C/M Rohr - Joseph Suiter V/M Stelzer - Joseph Suiter C/M Hoffman - Joseph Suiter Mayor Abramowitz - Joseph Suiter JOSEPH SUITER was selected as the second Alternate member. City Attorney Doody read Temp. Reso. #4998 by title. Community Development 17. MOTION TO ADOPT Temp. Reso. #5006 allowing ST. MALACHY'S CHURCH to coac,t a ca care val on church property 4/21/88 through 4/24/88. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-88-99 -- PASSED City Attorney Doody read Temp. Reso. #5006 by title. * C/M Hoffman MOVED to APPROVE this Item, SECONDED by C/M Rohr. Mrs. Brown -Porter said the problem that staff has found is that the Church will not be receiving the 50/50% of funds as outlined in the City's Code. She said the City Council will need to act on whether or not the fees for the carnival should be waived. John Romero, Carnival Chairman, said the Pastor of St. Malachy's sent a letter to the City Council regarding a waiver of the fees. He said the Carnival will be for the children and the money would be used to put in a new library, computer and science center and, without the carnival, the School will not be able to get these things. Page 21 4/12/88 City Attorney Doody said St. Malachy's contract with Sunshine Amusements stated that Sunshine Amusements will be receiving 65% of the proceeds and, under the City's Code, the City Council did not have the authority to waive the fees if the non-profit entity does not receive 51% or more of the proceeds. He said the matter can be handled by approaching Sunshine Amusements with the provisions of the City Code and requesting that they pay the applicable fees. He said he would be happy to discuss this matter with Sunshine Amusements; however, the Church could amend their contract with Sunshine Amusements and reissue the application to the City Council for their approval. C/M Hoffman said the City should allow this Carnival subject to the compliance with the City Code. City Attorney Doody said the City Council can approve the Carnival with the provision that all applicable fees are met and Mayor Abramowitz said that the City Attorney will be willing to render his services by informing Sunshine Amusements of the City Code requirements. Mr. Romero asked City Attorney Doody to assist the Church in this matter and City Attorney Doody said he would write a letter to Sunshine Amusements regarding the provisions of the City Code and what he thinks the intent of the City Code is. He said he will inform Sunshine Amusements that since they will be receiving the majority of the proceeds, they should be responsible for the application fees. V/M Stelzer asked Mrs. Brown -Porter what the fees would be and Mrs. Brown -Porter said $500.00. VOTE: Fire Department ALL VOTED AYE 18. MOTION TO ADOPT Temp. Reso. #5007 creating the position of fir —re —Marshal with the overall responsibility of the Fire Prevention Bureau. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-88-100 - PASSED City Attorney Doody read Temp• Reso. #5007 by title. * C/M Hoffman MOVED to APPROVE this Item, SECONDED by C/M Bender. Ray Briant, Fire Chief, said the Fire Department has been growing in the field of Fire Prevention. He said the City has three fire inspectors and he would like one of the positions to be changed to Fire Marshal. He said the Fire Department will become the watchdogs of Tamarac as the City progresses in growth and he needs this position to assure adequate fire inspections. C/M Hoffman asked if the Fire Marshal's job is to look into suspicious fires and Chief Briant replied, no. He said a Fire Marshal manages the Fire Prevention Bureau. C/M Hoffman asked if this position will receive the same salary as an inspector and Chief Briant said that the position of Fire Marshal will be an upgraded salary. Page 22 1 1 4/12/88 C/M Rohr asked how many of the 28 Cities in Broward County had Fire Marshals and Chief Briant said most of the Cities had Battalion Chiefs or better. He said half of the Cities had Fire Marshal positions or a higher position to run their Fire Prevention Bureau. C/M Bender said the increase of pay would be approximately $1,730.00 and Chief Briant said the increase would be $.82 per hour. C/M Bender said the position is not a new position; however, the position would be an upgrade in salary and Chief Briant replied, ye s . Mayor Abramowitz asked City Manager Kelly his recommendation for this position and City Manager Kelly said he approved of this position. VOTE: Public Works Department ALL VOTED AYE 19. MOTION TO ADOPT Temp. Reso. #5003 approving an Amendment to the 12/9 87 Agreement between SCHARF & ASSOCIATES, INC., and the CITY OF TAMARAC for architectural services for the City of Tamarac Public Utilities/Engineering Complex on Nob Hill Road. SYNOPSIS OF ACTION: RESOLUTION NO. R--88-101 - PASSED APPROVED. * C/M Hoffman MOVED to APPROVE this Item, SECONDED by C/M Rohr. City Attorney Doody read Tem2 Reso. #5003 by title. City Manager Kelly said when the customer service portion was deleted from the Public Works/Utility Complex, the architect had to revise the drawings. He said a cost was negotiated with Scharf & Associates through Construction Management Services and a cost of $6,500.00 was decided upon for these plans. He said this is the Agreement that the City Council directed him to submit as a follow-up. C/M Rohr asked how much will be saved by eliminating the Customer Services Department from the Public Work s/Utility Complex and City Manger Kelly said this matter is being discussed because the Customer Service Department had to be reconstructed. C/M Hoffman said he wanted to be certain that there will not be other projects begun until the City properties are sold and City Manager Kelly said he was directed regarding this at a previous Workshop. VOTE: ALL VOTE AYE 20. a. MOTION TO ADOPT Tem Reso. #5000 authorizing the appropriate C ty officials to execute an Application and Lease for the use of Tamarac Elementary School, Rooms 131 and 132, Hallway, Cafeteria, Stage and Restrooms, for the period of 6/27/88 through 8/12/88, for the City of Tamarac Summer Recreation Program. b. MOTION TO ADOPT Temp. Reso. #4999 approving a fee schedule for particrpant.s in-tTFe'City of Tamarac Summer Recreation Program. SYNOPSIS OF ACTION: APPROVED a and b. RESOLUTION NO. R-88-102 - PASSED RESOLUTION NO. R-88-103 - PASSED Page 23 4/12/88 a. City Attorney Doody read Temp. Reso. #5000 by title. * C/M Hoffman MOVED to APPROVE Temp. Reso. #5000, SECONDED by * C/M Rohr. Mr. Couzzo said this Item is the annual Lease Agreement with Tamarac Elementary School for use of their facilities for Tamarac's Summer School Program. VOTE: ALL VOTED AYE b. City Attorney Doody read Temp. Reso. #4999 by title. * C/M Hoffman MOVED to APPROVE Temp. Reso. #4999, SECONDED by * C/M Bender. Mr. Couzzo said the fee schedule for this year will remain the same as last year. VOTE: ALL VOTED AYE Utilities/Engineerin2 Department 21. a. MOTION TO ADOPT Temp.Reso. #5002 authorizing the appropriate Cy o cia s�to execute an Agreement Between Broward County and the City of Tamarac relating to Termina- tion of Wastewater Treatment Capacity Lease Agreement. b. MOTION TO ADOPT Temp. Reso. #5004 authorizing the appropriate City officaa s-to execute a Second Amendment to Large User Wastewater Agreement Between Broward County and the City of Tamarac relating to Purchase of Wastewater Reserve Capacity. SYNOPSIS OF ACTION: RESOLUTION NO. R-88--104 - PASSED APPROVED a and b. RESOLUTION NO. R-88-105 - PASSED a. City Attorney Doody read Temp. Reso. #5002 by title. * C/M Hoffman MOVED to APPROVE Temp. Reso. #5002, SECONDED by * C/M Rohr. Mr. Greenwood said in 1986, the City decided to join the Regional 201 Wastewater Plant. He said this Agreement will cancel the existing lease with Broward County purchasing the capacity. VOTE: ALL VOTED AYE b. City Attorney Doody read Temp. Reso. #5004 by title. * C/M Hoffman MOVED to APPROVE Temp. Reso. #5004, SECONDED by * C/M Bender. VOTE: ALL VOTED AYE AGENDIZED BY CONSENT 24. a. MOTION TO ADOPT Temp.- Reso. #4898 approving a develop- ment order and revised smote plan to add a first floor bar and grill. b. MOTION TO APPROVE an Agreement between CITY OF TAMARAC and COLONY WEST COUNTRY CLUB relating to the issuance of building permits while zoning is in progress. Page 24 ,.l 4/12/88 SYNOPSIS OF ACTION: AGENDIZED by consent on Page 2- a. APPROVED with provisions. b. APPROVED. RESOLUTION NO. R-88--106 - PASSED C/M Hoffman said he requested this Item be placed on the Agenda because Colony West wanted to change their dining facilities. He said the Planning Commission has approved this change subject to a sign being installed that did not say "Open to the Public". He said Colony West has been waiting for the approval on this matter for some time and he recommended approval. Mrs. Brown -Porter said this Item came before staff and the Planning Commission and was approved subject to the removal of a sign which indicated, "Open to the Public". She said the City Council directed staff to restudy the problem with the golf course which involved the S-1 zoning classification and, at that time, the City Council suggested changes be made to the Ordinance. She said the Ordinance change was drafted and was reviewed by the Planning Department and the City Council. She said City Council requested changes to the Ordinance which are in process and will be heard at Public Hearings. Mrs. Brown -Porter said the owners of Colony West came to the Planning Department and indicated that they were in a hardship situation. She said the owners understood the City's position in changing the S-1 Ordinance; however, the owners were in the position where they needed to continue with their construction and they would comply with the new S-1 provisions. She said the owners submitted an Agreement which has been reviewed by the City Attorney and this Agreement will allow the City to issue building permits while the zoning Amendments are in process. She recommended that this Item be approved. * C/M Bender MOVED to APPROVE the Agreement, SECONDED by C/M * Hoffman. V/M Stelzer said he approved of this restaurant and is sorry that Colony West had to be detained in this matter. He said he would like the City to do all that can be done; however, he is worried about a precedent that the City Council may be setting by giving a building permit to a business while zoning is in process. He said if this Item is approved for Colony West, anyone can come into the City stating that Colony West was allowed this privilege; therefore, the privilege should be granted to all. He asked how long it would take to go through the necessary procedures for the zoning change. Mrs. Brown -Porter said the S-1 process could be finished by the middle of May. She said she understood the City Council's concerns about setting precedents; however, there is no other facility zoned S-1 that had the same set of circumstances as Colony West. She said Colony West has an existing use which they have had since 1983 they are not changing the square footage and they have agreed to remove the "Open to the Public" sign. V/M Stelzer asked how long it would take if the City Council decided to continue with the necessary procedures and Mrs. Brown -Porter said after the zoning change is approved, Colony West would have to resubmit their site plan to the City Council for approval. Page 25 4/12/88 C/M Hoffman said Colony West should be allowed to continue with their plans as long as they have agreed to comply with all the provisions in the new zoning requirements. C/M Bender said he received a letter dated April 8, 1988 from Colony West explaining the circumstances. He said Colony West is only going to construct a bar and grill; therefore, there is no need to continue holding Colony West back from construction. He said he would like to see this matter voted on today. Mayor Abramowitz asked City Attorney Doody if the City Council can approve this Item and see that this does not happen with other developments. City Attorney Doody said he would not have put the Agreement on the Agenda if it could not withstand legal challenge. He said his office is opposed to the adoption of this Agreement because of precedence it will set in the future. He said the Agreement provides that Colony West will get a building permit contingent to provisions which are: 1. They will not occupy the premises until such time that the zoning is in place. 2. They will not get a certificate of occupancy until the zoning is in place. 3. If the zoning is denied, they agreed to dismantle the improvements. City Attorney Doody said this matter puts the City in an unusual position; however, the Agreement can be defended legally. He said his office recommends that this Agreement be denied. V/M Stelzer suggested that the Resolution contain a statement that the approval of the building permits only pertain to this particular development and City Attorney Doody said a future Council can always override that type of position. Mayor Abramowitz asked if the documents for Colony West can state that this approval only applies for this particular incident and City Attorney Doody said he will put the provision into the Resolution; however, he was not sure if the provision will be binding to other cases. Mayor Abramowitz asked if Colony West is aware of the City's stipulations and Mrs. Brown -Porter said Colony West read and signed the necessary documents agreeing that they understood the City's stipulations. * C/M Bender * Resolution * Hoffman. VOTE: * * AMENDED his MOTION to have the provision in the as stated by the City Attorney, SECONDED by C/M ALL VOTED AYE City Attorney Doody read Temp. Reso. #4898 by title. C/M Bender MOVED to APPROVE Temp. Reso. #4898, SECONDED by C/M Hoffman. Mrs. Brown -Porter said this Resolution had a condition that the sign "Open to the Public" be removed and replaced with a sign that does not state such. C Page 26 4/12/88 Mayor Abramowitz asked if Colony West was aware of this provision and Mrs. Brown -Porter replied, yes. VOTE: ALL VOTED AYE 25. MOTION TO APPROVE a model sales facility permit for WATER PLACE—Eo six months and to expire 10/12/88 (to be located in Building 1, Apartments 109 and 215). SYNOPSIS OF ACTION: AGENDLZED Sy consent on Page 2. APPROVED. * C/M Bender MOVED to APPROVE this Item, SECONDED by C/M Hoffman. Mrs. Brown -Porter said when the original City Council Agenda was drafted, Page 2, Item d., it was identified that there was a request for approval for a model sales for Woodmont Tract 74/75 which is Bonaire and, also, Water Place. She said when staff reviewed the Agenda, they informed Water Place that they were on the Agenda for their model sales renewal. She said after staff received the backup for the item, staff realized the Agenda contained the Item for Bonaire but not for Water Place. She said staff received the application from Water Place in the necessary time period and received the money and the verification of the waiver. She recommended that this Item be approved. VOTE: ALL VOTED AYE C/M Hoffman said at the April 7, 1988 City Council Workshop, Mrs. Brown -Porter asked City Council to speak to the State Representatives regarding the Growth Management Law regarding Court Orders. He asked if she had information for the City Council regarding who they can speak to on the matter. Mrs. Brown -Porter said the documents were drafted and City Council will receive those documents before they leave for Tallahassee. C/M Rohr wished the City Council members who are going to Tallahassee for"Broward Day" a safe and prosperous journey. City Attorney Doody said he would like to caution the City Council about violating the Sunshine Law with the State Representatives. He said the Council members should be cautious in approaching the State Representatives as a group. He said he would discuss this matter with the Council members before they leave for Tallahassee. Mayor Abramowitz AdJOURNED this meeting at 12:05 P.M. NOPMAN ABRAMOWITZ, MAYOR W 625J, �0.�" 4, W000A i 9- a wc�,N "This public document was promulgated at a cost of $236.70 or $6.58 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." CITY OF TAMARAC AP P OVED AT MEETING OF Page 27 City Clerk