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HomeMy WebLinkAbout1988-04-27 - City Commission Regular Meeting MinutesF _ .._".4,4ti� PC BOX 25010 -TAMARAC FLORIUA ;333F'C RECORD OF COUNCIL ACTIONS/DISCUSSIONS CITY OF TAMARAC CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY, APRIL 27, 1988 CALL TO ORDER: 9:00 A.M. Revised April 28, 1988 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 City Manager Kelly of five-year service awards to TED SCOTT, Public Works, THOMAS LYNCH, Police Department, ROBERT JAHN, Chief Building Official, and LEONARD KITCHMAN, Building Department. FINAL ACTION: Presentations were made to Ted Scott, Robert Jahn and Leonard Kitchman. Thomas Lynch was not present. PRESENTATION by Mayor Abramowitz of a proclamation designating April 27, 1988, as "ORT DAY". FINAL ACTION: Presentation was made. 3. PRESENTATION by Mayor Abramowitz of a proclamation designating the week of May 2 through May 8, 1988, as "NATIONAL DRINKING WATER WEEK". FINAL ACTION: Presentation was made. 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. uildin Department a. MOTION TO ADOPT Tem . Reso. #5012 authorizing the appropriate City officials to execute a Service of Process Agreement and Hold Harmless Agreement with Tri-County Investigations, Inc. FINAL ACTION: RESOLUTION NO. R-88-107 PASSED. APPROVED. Page 1 4/27/88 City Clerk b. MOTION TO APPROVE renewal of a model sales permit and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for LAKES OF CARRIAGE HILLS for a six-month period from 5/13/88 to 11/13/88. FINAL ACTION• APPROVED. Finance Department C. MOTION TO ADOPT Temp. Reso. #5009 designating Kenneth J. Burroughs as the new Project Financial Officer for the Florida Department of Natural Resources Aquatic Plant Control Funding Program for Fiscal Year 1987/88. FINAL ACTION: APPROVED. PPrGnnnal RESOLUTION NO. R-88-108 PASSED. d. MOTION TO AUTHORIZE the appropriate City officials to execute the necessary settlement documentation with Ricky Kimble and to AUTHORIZE the appropriate budget transfer. FINAL ACTION: APPROVED. Utilities/Engineering e. MOTION TO_ADOPT _Temp. Reso_. #4917 declaring the Water and Sewer Developers Agreement for FAIRWAYS IV in default due to arrears in guaranteed revenue and interest payments (tabled on 2/24/88). FINAL ACTION; RESOLUTION NO. R-88-109 PASSED. APPROVED. f. MOTION TO AUTHORIZE the City Manager to execute an Affidavit indicating that after a reasonable search, the City cannot locate a Development Agreement dated November, 1972, between JACK FINEBERG, Trustee, and TAMARAC UTILITIES, INC., or any records whereby the City of Tamarac was or is an assignee from or successor to Tamarac Utilities, Inc., for the Development Agreement indicated above. FINAL ACTION: APPROVED. g. PROCLAMATION honoring Police Memorial Day and National Police Week. FINAL ACTION: Agendized by consent - PRESENTATION of the Proclamation was made to Police Chief. Page 2 4/27/88 LJ OPEN PUBLIC FORUM 5. OPEN PUBLIC FORUM - Any member of the public who wishe 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. REPORTS 6. City Council 7. City Manager 8. City Attorney CONSIDERATIONS City_ Manager 9. a. MOTION TO ACCEPT the recommendations of the Competitive Selection Committee for architectural services relating to the Multipurpose Center project. b. MOTION TO APPOINT a Negotiating Committee for the purpose of negotiating with the firms in accordance with the priority listing of the Competitive Selection Committee for the Multipurpose Center project. The Negotiating Committee will consist of: 1) Larry Bender Councilman, District 4 2) John Kelly City Manager 3) Ken Burroughs Finance Director 4) Mike Couzzo Public Works Director 5) Pat Rancati Principal, Tamarac Elementary School C. MOTION TO AUTHORIZE the Negotiating Committee to begin negotiations and prepare a recommendation for City Council approval relating to the Multipurpose Center project. FINAL ACTION: APPROVED a., b. and c. Utilities/Engineering 10. MOTION TO APPROVE the transfer of $105,000.00 from TUW Operating Fund account to a fund established by the Finance Department in order to fund TUW Project 88-13, Water Treatment Plant Filters 5 and 6 Rehabilitation. FINAL ACTION: TABLED. • Page 3 4/27 /88 RESOLUTIONS City Manager 11. MOTION TO ADOPT Tmp._ Reso. #5016 authorizing the appropriate City officials to execute an Agreement of Release and Abandonment of Easement and Rights Appertaining Thereto and Release Interest in Certain Fees Previously Paid relating to MIDWAY PLAZA wells. FINAL ACTION: APPROVED. RESOLUTION NO. R-88-110 PASSED. Community Development 12. a. MOTION TO ADO_PTTemp. Reso. #50.13 approving the plat for NATIONAL SAFETY COUNCIL (Prospect Plaza) as revised by Broward County. b. MOTION TO ADOPT Temp. Reso. #4924 approving the site plan and related documents for NATIONAL SAFETY COUNCIL (tabled on 2/24/88). (to be located at the northeast corner of NW 21 Avenue and Prospect Road) FINAL ACTION: RESOLUTION NO. R-88-111 PASSED RESOLUTION NO. R-88-112 PASSED. APPROVED a. APPROVED b. subject to the condition that the developer provides a fully automated fire sprinkler system. Police Department 13. MOTI_ON TO ADOPT Temp. Reso. #5015 authorizing the appropriate City officials to execute a lease agreement with Harley Davidson Leasing, Inc., for the lease of three motorcycles for a period of twenty --four months at a cost of $300.00 per month per motorcycle. FINAL ACTION: APPROVED. RESOLUTION NO. R-88-113 PASSED. 14. MOTION TO ADOPT Tem . Reso. #5008 awarding Bid #88-19 in the amount of $6,948.60 to LAWMEN'S & SHOOTERS SUPPLY, INC., for ten (10) Police vehicle light bars, sirens and control panels. FINAL ACTION• APPROVED. RESOLUTION NO. R-88-114 PASSED. Public Works/Recreation Department 15. MOTION TO ADOPT Temp. Reso. #5014 awarding Bid #88-17 in the amount of $6,000.00 to Vitale Fireworks Sales Co. for the City's July 4th fireworks display. FINAL ACTION: APPROVED. RESOLUTION NO. R-88-115 PASSED. Page 4 4/27/88 1-1 ORDINANCES PUBLIC HEARING - 10:00 A.M. Community Development 16. a. MOTION TO ACCEPT Affidavits of Publication and Posting for Temp. Ord. #1382. Petition #9-Z-88 b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1382 on second reading concerning a request by WILLIAM F. JUREIT, 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. TABLED until TUW wells have been placed on Broward County wellfield map. Public hearing was held. City Manager 17. MOTION TO ADOPT „Temp. Ord__#1383 on first reading creating Section 16-9 of the Code to provide for conditions on the operation of off -road motor vehicles. FINAL ACTION: APPROVED on first reading. Second reading and public hearing will be held at 7:30 p.m. during the City Council meeting on May 11, 1988. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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 Page 5 P 11>17 100 1 1 L_1 CITY OF TAMARAC CITY COUNCIL REGULAR MEETING WEDNESOAY, APRIL 27, 1988 TAPE 1 CALL TO ORDER: Mayor Abramowitz called this meeting to Order on Wednesday, April 27, 1988 at 9:00 A.M. in the Council Chambers. MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Abramowitz called for the Pledge of Allegia�" nce fsllowed Ty --a Moment of Silent Meditation. PRESENT: ALSO PRESENT: 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 INTRODUCTION 1. PRESENTATION by City Manager Kelly of five-year service awards to TED SCOTT, Public Wotks, THOMAS LYNCH, Police Department, ROBERT JAHN, Chief Building Official, and LEONARD KITCHMAN, Building Department. SYNOPSIS OF ACTION: PRESENTATIONS were given. Thomas Lynch was not present. AGENDIZED BY CONSENT g. PRESENTATION by Mayor Abramowitz of a proclamation designating May 15, 1988 as "Police Memorial Day" and May 9, 1988 through May 15, 1988 as "Police Week." SYNOPSIS OF ACTION: AGENDIZED BY CONSENT. (See Page 2 for Final Action) * V/M Stelzer MOVED to AGENDIZE this Item by Consent and place * it on the Consent Agenda as Item g., SECONDED by C/M Bender. VOTE: Utilities/Engineering ALL VOTED AYE 10. MOTION TO APPROVE the transfer of $105,000.00 from TUW Operating Fuw n& account to a fund established by the Finance Department in order to fund TUW Project 88-13, Water Treatment Plant Filters 5 and 6 Rehabilitation. SYNOPSIS OF ACTION: TABLETS unt�he Finance Director prepares additional figures. * V/M Stelzer MOVED to TABLE this Item until the Finance Director * prepares additional figures, SECONDED by C/M Rohr. Page 1 4/27/88 VOTE: ALL VOTED AYE 2. PRESENTATION by Mayor Abramowitz of a proclamation designating April 27, 1988, as "ORT DAY". SYNOPSIS OF ACTION: PRESENTATION was given to representatives of the Women's American Ort Organization. Mayor Abramowitz read the proclamation and presented it to representatives of the Women's American Ort Organization. 3. PRESENTATION by Mayor Abramowitz of a proclamation designating the week of May 2 through May 8, 1988, as "NATIONAL DRINKING WATER WEEK". SYNOPSIS OF ACTION: PRESENTATION was given to William Greenwood, Director of Utilities/Engineering. Mayor Abramowitz read the proclamation and presented it to William Greenwood, Director of Utilities/Engineering. A GENDIZED BY CONSENT g. PRESENTATION by Mayor Abramowitz of a proclamation designating May 15, 1988 as "Police Memorial Day" and May 9, 1988 through May 15, 1988 as "Police Week." SYNOPSIS OF ACTION: AGENDIZED BY CONSENT on Page 1. PRESENTED by Mayor Abramowitz to Police Chief McIntosh. Mayor Abramowitz read the proclamation and presented it to Police Chief McIntosh. CONSENT AGENDA Item 4, a. through g. Building Department 4. a. MOTION TO ADOPT Temp. Reso. #5012 authorizing the approprlat C ty=cla s-to execute a Service of Process Agreement and Hold Harmless Agreement with Tri-County Investigations, Inc. SYNOPSIS OF ACTION: APPROVED. City Clerk RESOLUTION NO. R-88-107 - PASSED b. MOTION TO APPROVE renewal of a model sales permit and waiver the 300-foot distance requirement for issuance of certificates of occupancy for LAKES OF CARRIAGE HILLS for a six-month period from 5/13/88 to 11/13/88. SYNOPSIS OF ACTION: APPROVED. Finance Department c. MOTION TO ADOPT Temp. Reso. #5009 designating Kenneth J. Burroughs as tie new Project Financial Officer for the Florida Department of Natural Resources Aquatic Plant Control Funding Program for Fiscal Year 1987/88. Page 2 i� 1 1 4/27/88 I 1 SYNOPSIS OF ACTION: APPROVED. Pp r gnnnc 1 RESOLUTION NO. R-88-108 - PASSED d. MOTION TO AUTHORIZE the appropriate City officials to execute the necessary settlement documentation with Ricky Kimble and to AUTHORIZE the appropriate budget transfer. SYNOPSIS OF ACTION: APPROVED. Utilities/Engineering e. MOTION TO ADOPT Temp_ Reso. #4917 declaring the Water anti Sewer Developers Agreement for FAIRWAYS IV in default due to arrears in guaranteed revenue and interest payments (tabled on 2/24/88). SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-88-109 - PASSED f. MOTION TO AUTHORIZE the City Manager to execute an Af i avit indicating that after a reasonable search, the City cannot locate a Development Agreement dated November, 1972, between JACK FINEBERG, Trustee, and TAMARAC UTILITIES, INC., or any records whereby the City of Tamarac was or is an assignee from or successor to Tamarac Utilities, Inc., for the Development Agreement indicated above. SYNOPSIS OF ACTION: APPROVED. AGENDIZED BY CONSENT g. PRESENTATION by Mayor Abramowitz of a proclamation designating May 15, 1988 as "Police Memorial Day" and May 9, 1988 through May 15, 1988 as "Police Week." SYNOPSIS OF ACTION: AGENDIZED BY CONSENT on Page 1. See Page 2 for Presentation. * C/M Hoffman MOVED to APPROVE the Consent Agenda Item 4, * a. through g., SECONDED by C/M Rohr. VOTE: 5. OPEN PUBLIC FORUM - ALL VOTED AYE OPEN PUBLIC FORUM Nathan Black, Resident at 9419 NW 72 Street, had concerns with advertisements being placed on the residents' door knobs. He asked the City to see if these advertisements could be stopped. C/M Hoffman suggested City Attorney Doody look into the legality of distribution of the advertisements. Vickie Beech, Resident at 9102 NW 67 Court, Section 20, asked what was the status of the Visual Graphics property. Mayor Abramowitz said he and City Manager Kelly visited the area and, after discussing the matter with Visual Page 3 4/27/88 Graphics, they agreed to landscape the front and side of the site and clean up the canal area. He said the landscaping has been detained because of the sprinkler system being installed; however, the area will be landscaped and cleaned. He said no cars are allowed to park on the lot. Ms. Beech said this area has been an on -going problem and the surrounding property has decreased in value. She said there are -several things happening in the parking lot that may be illegal. Mayor Abramowitz said the City Council was aware of these problems and will see that matters are corrected. Martin Goldman, Resident of Section 10, had concerns with the City's enforcement of the beautification of houses. Mayor Abramowitz said this matter will be investigated and asked Mr. Goldman to submit a letter to the City Council regarding his concerns. REPORTS 6. City Council C/M Hoffman reported that the State Legislature was discussing recycli� solutions and the House Committee approved a Bill to require recycling. He said he hoped the City continued their efforts in solving the recycling problem in Tamarac. Mayor Abramowitz agreed and said C/M Rohr has been deeply involved with the recycling matter. C/M Rohr reported that the City would be implementing a recycling program before the State mandated it. He said he discussed the matter with City Manager Kelly and a program will be investigated. C/M Rohr read an Article from the Miami Herald regardinnJ better living conditions and safety in Broward County. (SEE ATTACHMENT) C/M Bender - No Report. Mayor Abramowitz - No Report. 7. City Manager No Report. 8. City Attorney - No Report. CONSIDERATIONS City Manager 9. a. MOTION TO ACCEPT the recommendations of the Competi- tive Selection Committee for architectural services relating to the Multipurpose Center project. b. MOTION TO APPOINT a Negotiating Committee for the purpose of negotiating ating with the firms in accordance with the priority listing of the Competitive Selection Committee for the Multipurpose Center project. The Negotiating Committee will consist of: Page 4 4/27/88 1) Larry Bender Councilman, District 4 2) John Kelly City Manager 3) Ken Burroughs Finance Director 4) Mike Couzzo Public Works Director 5) Pat Rancati Tamarac Elementary School Principal c. MOTION TO AUTHORIZE begin negotiations the Negotiating Committee to and prepare a recommendation for City Council approval relating to the Multipurpose Center project. SYNOPSIS OF ACTION: APPROVED a., b. and c. a. City Manager Kelly said the Competitive Selection Committee met with 5 architectural firms and selected 3 firms for negotiations for the design of the Multipurpose Center. He said the firms were selected and listed by priority as follows: 1) Scharf & Associates, Inc. 2) Gee & Jenson 3) Robert McDonald & Associates, P.A. City Manager Kelly recommended that these firms be approved for negotiations by a Negotiating Committee. * C/M Rohr MOVED to APPROVE the selected architectural firms, * SECONDED by C/M Hoffman. VOTE: ALL VOTED AYE b. City Manager Kelly said the Negotiating Committee will consist of the same members as the Competitive Selection Committee with the exception that Robert Jahn, Chief Building Official, will be replaced by Ken Burroughs, Finance Director. * C/M Rohr MOVED to APPROVE the Negotiating Committee, SECONDED * by C/M Rohr. VOTE: ALL VOTED AYE C. City Manager Kelly said the three firms selected have been listed in priority order and if the first firm, which is Scharf & Associates, Inc., did not meet the City's criteria, the Negotiating Committee will continue negotiations with the second firm and, if need be, the third firm. C/M Rohr asked if other recreation centers have been visited to give the City an idea of what they would like for the Multipurpose Center and City Manager Kelly said the Parks and Recreation Board visited the Plantation Multipurpose Center. * C/M Hoffman MOVED to APPROVE the Negotiations Committee * beginning negotiations with the selected firms. Mayor Abramowitz said the State may be allowing the City a Grant for the project and he asked if the City Manager has taken this matter into account. City Manager Kelly said the wording of the Referendum stated that the monies would be primarily derived from the City's Impact Fees which would allow the use of other sources of income. He said he hoped that the Grant would Page 5 ' 4/27/88 be allowed for the additional funding. Mayor Abramowitz asked if the Grant could be incorporated in the architectural design of the Center and City Manager Kelly replied, yes. * C/M Bender SECONDED the Motion. VOTE: ALL VOTED AYE RESOLUTIONS City Manager 11. MOTION TO ADOPT Temp. Reso. #5016 authorizing the appro- priate ! tyofficials to execute an Agreement of Release and Abandonment of Easement and Rights Appertaining Thereto and Release Interest in Certain Fees Previously Paid relating to MIDWAY PLAZA wells. SYNOPSIS OF ACTION: APPROVED. ea RESOLUTION NO. R-88-110 - PASSED City Attorney Doody read Temp. Reso. #5016 by title. City Manager Kelly said the City had proposed wells located in Midway Plaza and invested approximately $245,000.00 for the wells. He said the City Council intended to secure funding from Midway Plaza for the wells if the wells were abandoned. City Manager Kelly said the developer agreed to absorb the cost for the closing of the wells and relinquish the service fees previously paid to the City in the amount of $115,000.00. He recommended that this Agreement be approved. C/M Hoffman MOVED to APPROVE this Item, SECONDED by C/M Bender. C/M Hoffman said this Agreement is in the best interest of the City and Midway Plaza. He said he approved the implementation of this Agreement. C/M Rohr said this Agreement was drafted after negotiations between the City and Midway Plaza were complete. VOTE: Community Develo ment ALL VOTED AYE 12. a. MOTION TO ADOPT Temp. Reso. #5013 approving the plat for NATIONAL SAFETY COUNCIL (Prospect Plaza) as revised by Broward County. b. MOTION TO ADOPT Temp. Reso. #4924 approving the site plan anU_related documents for NATIONAL SAFETY COUNCIL (Prospect Plaza) (tabled on 2/24/88). (to be located at the northeast corner of NW 21 Avenue and Prospect Road) SYNOPSIS OF ACTION: RESOLUTION NO. R-88-111 - PASSED a. APPROVED. RESOLUTION NO. R--88--112 -- PASSED b. APPROVED,subject to the condition that the developer provides a fully automated fire sprinkler system. a. City Attorney Doody read Temp. Reso. 05013 by title. Page 6 I 1 4/27/88 * C/M Hoffman MOVED to APPROVE Temp. Reso. # 5013, SECONDED by * C/M Bender. Thelma Brown -Porter, City Planner, said the zoning on the property is R-lC and the Master File number is 9-87. She said the legal description is Section 16, Township 49 south, Range 42 east. She said this Item was for a plat previously approved; however, the plat was amended due to a Broward County requirement and she recommended approval. TAPE 2 C/M Rohr asked if impact fees were requested by the developer and Mrs. Brown -Porter said the request was given several months ago; however, it was impossible for the City to waive the impact fees. She said the fees were paid. V/M Stelzer asked if all the fees have been paid and Mrs. Brown --Porter said the Engineering Department submitted a letter stating that all of the fees have been paid. VOTE: ALL VOTED AYE b. City Attorney Doody read Temp. Reso. #4924 by title. * C/M Hoffman MOVED to APPROVE Tem2_ Reso. #4924, SECONDED by * C/M Rohr. Mrs. Brown -Porter read a memorandum from the Fire Department which said: "The site plan did not meet with the City Code's Section 18-4(12), requiring that one side of the building, in addition to the front, be accessible to fire apparatus." She said, however, the developer has agreed to provide a fully automated fire sprinkler system that is not required by City Code. The Fire Department felt that the addition would more than off -set the failure to comply with Section 18-4(12); therefore, approval is recommended. Mayor Abramowitz said if a department refuses a development because it did not meet the City Code, he wanted to see the Planning Department's signature on the documents when the development was approved. Mrs. Brown --Porter said the Fire Department is recommending approval because of the compliance by the developer to improve the matter. City Attorney Doody advised that the Motion for Approval be subject to the condition that a fully automated fire sprinkler system is installed by the developer. He asked the Attorney for the developer if he agreed to the installation. Frederick Heidgerd, Attorney for the developer, said the developer agreed to this condition and the engineer and architect has provided the fire sprinkler system in the plans. VOTE: ALL VOTED AYE City Attorney Doody said in adopting the Resolution for the site plan, three other Agreements were adopted. Page 7 4/27/88 Mrs. Brown --Porter said the Agreements included the Water and Sewer Developers Agreement and a Tri-Party Agreement which allow the issuance of building permits prior to platting. She said a Tri-Party Agreement was adopted by the developer allowing the Attorney's firm to pay for the water installation or the necessary utilities which would be paid back by the adjacent property owners. City Attorney Doody said by approving the Resolution, the City will be approving the Water and Sewer Developers Agreement, Blanket Safety Ingress/Egress Easement, Water Retention Agreement and a Tri-Party Agreement between Broward County, the developer and the City which would provide for the issuance of building permits while platting is in progress. Mr. Heidgerd said the Tri-Party Agreement regarding the installation of the utilities was being drafted and would be brought to the City Council for approval. Mayor Abramowitz said he wanted the City Attorney to make sure that every condition has been met and signed. City Attorney Doody said the Agreement was not available at this time; however, the Agreement will be submitted to the City Council for approval when it is available. Police Department 13. MOTION TO ADOPT Temp. Reso. #501.5 authorizing the appro- priaate C ty officials to execute a lease agreement with Harley Davidson Leasing, Inc., for the lease of three motorcycles for a period of twenty-four months at a cost of $300.00 per month per motorcycle. SYNOPSIS OF ACTION: RESOLUTION NO. R-88-113 - PASSED APPROVED. City Attorney Doody read Tem . Reso. #5015 by title. City Manager Kelly said there will be three Police Officers trained to use the motorcycles and will be on duty during the high traffic hours. He said these motorcycles are a cost savings to the City and recommended this Item be approved. C/M Rohr asked if it would cheaper for the City to buy the motorcycles and City Manager Kelly said the motorcycles would cost $8,500.00 each. C/M Rohr asked how many years the City could use the motorcycles before new ones had to be bought. Police Chief McIntosh said the life span of a motorcycle is 3 to 4 years; however, the City will be saving money by renting the motorcycles because the repairs will be done by Harley-Davidson as opposed to the City hiring an employee for the repairs. He said Harley-Davidson will service the vehicles and provide a substitute vehicle when there are repairs needed. C/M Rohr asked why the contract did not have a provision for buy -backs and Chief McIntosh said after 2 or 3 years of service, he would not want to buy the vehicles. * C/M Hoffman MOVED to APPROVE this Item, SECONDED by C/M Rohr. Page 8 1 4/27/88 VOTE: ALL VOTED AYE Mayor Abramowitz RECESSED the meeting at 9:55 A.M. and RECONVENED at 10:00 A.M. with ALL PRESENT. ORDINANCES PUBLIC HEARING - 10:00 A.M. Community Development 16. a. MOTION TO ACCEPT Affidavits of Publication and Posting Tor Temp. Ord. #1382. Petition #9-Z-88 b. PUBLIC HEARING —MOTION TO ADOPT Temp. Ord. #1382 on second reading concern ng a request by WILLTAM F. JUREIT, TRUSTEE, to rezone lands on the southeast corner of University Drive and NW 61 Street from 13w6 (Business District) to B-2 (Planned Community Business). Petition #9-Z-88 SYNOPSIS OF ACTION: PUBLIC HEARING HELD. a. ACCEPTED Affidavits. b. TABLED until TUW wells are placed on the Broward County Wellfield Map. * a. C/M Bender MOVED to APPROVE Affidavits of Publication and * Posting for Temp. Ord. #1382, SECONDED by C/M Hoffman. VOTE: ALL VOTED AYE b. City Attorney Doody read Tem2- Ord. #1382 by title. Mrs. Brown --Porter said the current zoning on the property is B-6 and the description of the property is the "Summit Professional Complex" in Plat Book 101, Page 29. She said the request is to rezone the property to B-2 and the total number of acres are 7.6786. She said this request was approved by the Planning Commission on March 2, 1988. She said this request was before the City Council on March 23, 1988 and approved on first reading; however, City Council directed staff to meet with the developer's representative regarding the restrictions on the property. She said the developer submitted a conceptual site plan and, when the final site plan is drafted, it will be brought before the City Council for approval. Mrs. Brown -Porter said, in addition to the restrictions placed on the property, the developer has agreed to a prohibition of a hotel/motel. Alex Shathers, Attorney for the developer, said the developer has agreed to the restrictions which include the prohibition of a hotel/motel. * C/M Rohr MOVED to APPROVE Temp. Ord. #1382 on second reading, * SECONDED by C/M Hoffman. C/M Hoffman asked what restrictions were put on the property besides the prohibition of a hotel/motel and Mrs. Brown -Porter read the list of restrictions which are as follows: Airplane Schools Airconditioning Equipment Ambulance Services Animal Boarding Clinics Page 9 4/27/88 Auto Paint and Body Shops Auto Repairs Auto Tire Sales and Installations Auto Wash Bait/Fish Stores Billiards and Pool Rooms Blacksmith Shops 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 Parking (commercial, except for tenant use) Parking Garages (except for tenant use) Vehicular and Boat Maintenance Waiting and Ticket Room for Transportation Systems V/M Stelzer said the property was located on a wellfield and the restrictions regarding non-use of hazardous materials will have to be implemented and Mrs. Brown -Porter agreed. C/M Hoffman asked if the use of hazardous materials is allowed in a B-6 Zone and Mrs. Brown -Porter replied, no. She said the uses in B-6 Zones are general related uses and some chemicals are needed to operate a business such as photo labs; however, the petitioner is aware of the wellfield restrictions. C/M Rohr had concerns with this property becoming a problem because of the wells and he referred to the problems with the Midway Plaza wells. Mrs. Brown -Porter said the maps already show the wells on this property and this matter is a different circumstance than the Midway Plaza wells. C/M Rohr asked if these wells were on the Broward County Wellfield Protection Map and City Attorney Doody said the wells are in the process of being placed on the County's Wellfield Protection Map. C/M Rohr said until the wells are placed on the County's Wellfield Protection Map, the City may have problems with the developer. Mayor Abramowitz read a letter submitted by the Uilities/Engineering Department stating that the wells would be on the County's Wellfield Protection Map very soon. (SEE ATTACHMENT) C/M Hoffman said he would be comfortable if this Item was not passed until the wells are on the County's Wellfield Protection Map and suggested this Item be Tabled. V/M Stelzer said the wells have been in use on this property for years and there was no reason why the County would refuse the placing of these wells on their map. He said the City had to be sure that the businesses developing on the property are aware of the restrictions because of the wells. Page 10 l i 1 1 1 4/27/88 Mayor Abramowitz asked why the developer wanted to rezone the property from B--6 to B-2. Mr. Shathers said the B-6 zoning restricted the property's uses and the B-2 zoning allowed the best use of the property while protecting the public's health by placing restrictions. Mayor Abramowitz said the City Council is not allowed to demand restrictions on the developer. He said it was not the City Council's purpose to deny a developer the right to progress with their property; however, he objects to indiscriminate rezoning of any property without the petitioner stating a reason why the rezoning is needed. He said if the petitioner came before Council, they would help the petitioner build something that would enhance the City and the surrounding neighborhood. Mr. Shathers said within the past 2 years, the developer has been cooperating with the City's Code. He said the property has been vacant and had to be maintained because of the wells and the public easement for the wells. He said the parking lot has been patched and fenced after the City's approval. He said the developer was not demanding and was willing to work with the City and comply to the restrictions given. City Attorney Doody asked if the developer agreed with the restrictions read by the City Planner and Mr. Shathers replied, yes. City Attorney Doody said the City Council was concerned with the protection of the existing wells on the property. He asked Mr. Shathers if he was aware that the City was in the process of placing the wells on the County's Wellfield Protection Map and Mr. Shathers replied, yes. City Attorney Doody asked Mr. Shathers if he was aware of the Wellfield Protection restrictions and Mr. Shathers replied, yes and said he is an engineer as well as an attorney. City Attorney Doody asked Mr. Shathers to explain how he felt about the Wellfield Protection Ordinance and the 13-2 zoning. Mr. Shathers said when the wells are placed on the Broward County Wellfield Protection Map, Broward County's requirements to protect the wells will be tougher than the City's requirements. He said there will be other Agencies protecting the wells such as the South Florida Water Management District, whose requirements are extensive. He said B-2 allows the uses and special exceptions for the property which have to be approved by the City. City Attorney Doody said the City Council was concerned with protecting the wells and Mr. Shathers said he would not object to waiting for the rezoning until after the wells are placed on the County's Map. City Attorney Doody asked Mr. Shathers if he would sign an Agreement regarding the wells protection and Mayor Abramowitz said that Mr. Shather's information had been noted. C/M Bender said based upon the information before him, it was difficult to make a decision on the Item. He said Page 11 4/27/88 TAPE 3 the letter submitted by the Utilities/Engineering Department indicated that the wells were presently being proposed for the County's Wellfield Protection Map; however, he had concerns with how soon the wells would be placed on the map. He said he would like to see this matter Tabled until the wells are placed on the map. Mayor Abramowitz Opened the Public Hearing. Joseph Gemelli, Resident at 6006 NW 67 Way and President of Section 10, said there are 476 homes in the area and the residents often walk. He said when he first heard about the rezoning, he was going to ask the City Council to deny it; however, he is happy with the discussion regarding the property and, as long as the property is developed with beautification, he will have no objections to the rezoning. C/M Rohr asked Mr. Gemelli what he would like to see on the property and Mr. Gemelli said he heard there would be a hotel/motel placed on the property; however, after the discussion, he knows that to be untrue. He said he would like to see a park on the property. Ann Greene, Resident at 7303 NW 59th Street, had concerns regarding the surrounding area. She recommended that the developer consider the school and suggested that a doctor be placed on the property. Harold Black, Resident at 5901 NW 71 Avenue, suggested that the development not be allowed to use 61 Street for ingress/egress. C/M Hoffman said he agreed with this suggestion because access to the property could be mandated from University Drive only. City Attorney Doody said City Council could mandate this matter; however, it was not appropriate to do it at the rezoning hearing. Mayor Abramowitz asked City Attorney Doody if the City Council could Table this Item until the wells are placed on the County's Wellfield Protection Map and City Attorney Doody said yes, if the petitioner agrees to the Tabling. Mr. Shathers said he would not have a problem with the Tabling; however, he would like to discuss the matter with the developer and investigate the process at the County regarding the length of time needed for the placements of the wells on the map. City Manager Kelly said the wells are expected to be placed on the County's Wellfield Protection Map in June. * C/M Rohr MOVED to TABLE Temp. Ord. #1382 until the wells ate * placed on the County's Wellfield Protection Map. Anna Goldman, Resident at.6821 NW 62 Street, Section 10, had concerns with the property containing stores. She said the City was already over -burdened with empty stores. Ana Ramona, Resident of 6000 NW 74th Avenue, asked if the residents would be notified of the site plan. C/M Hoffman said the site plan will be presented at a Public Hearing; therefore, the residents will be able to attend. Page 12 i 1 1 4/27/88 Ada Brild, Resident of Section 10, asked if the property owner could rezone the property to residential and Mayor Abramowitz said the City could not make the petitioner rezone the property to residential if the developer wanted the property zoned B-2. * C/M Hoffman SECONDED the Motion. City Manager Kelly said if the County approves the wells in June, the earliest the City Council will rehear this Item will be in August because the City Council with not be meeting in July. VOTE: ALL VOTED AYE V/M Stelzer said when this Item is heard again, the residents can suggest what they would like to see on the property. Mayor Abramowitz RECESSED this meeting at 10:55 A.M. and RECONVENED at 10:56 A.M. with ALL PRESENT. City Manager 17. MOTION TO ADOPT Tem2- Ord. #1383 on first reading creating Section 16-9 of the Code to provide for conditions on the operation of off -road motor vehicles. SYNOPSIS OF ACTION: APPROVED o_n '1rrst reading. City Manager Kelly read Temp. Ord. #1383 by title. * C/M Hoffman MOVED to APPROVE Temp. Ord. #1383 on first reading, * SECONDED by C/M Rohr. C/M Hoffman said he sponsored this Ordinance because of problems with dirt bikes. He said the Ordinance will allow the area and the matter to be policed and the Ordinance has been successful in other Cities. V/M Stelzer suggested the restrictions be read into the record and City Attorney Doody said the following restrictions regarding off -road dirt bikes are: :) They must have an applicable exhaust system The driver must have written permission for u-,e of the property from the property owner in their possession. 3;,: be use is prohibited within 750 feet of a residential dwelling, apartment or hotel. 4). Operating time is allowed between the hours of 8:00 A.M. to 6:00 P.M. Mayor Abramowitz asked if the Ordinance was enforceable and City Attorney Doody replied, yes. C/M Hoffman said this Ordinance would be a tool in assisting the Police to correct the problems with the dirt bikes. VOTE: ALL VOTED AYE Page 13 4/27/88 Police De artment 14. MOTION TO ADOPT Temp. Reso. #5008 awarding Bid #88-19 in the amount of $6,94$.60 to LAWMEN'S & SHOOTERS SUPPLY, INC., for ten (10) Police vehicle light bars, sirens and control panels. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-88-114 - PASSED City Attorney Doody read Temp. Reso. #5008 by title. City Manager Kelly said the City received 11 bids on this Item and the lowest bid was received from Lawmen's & Shooters Supply, Inc. He recommended this Item be approved. * C/M Hoffman MOVED to APPROVE this Item, SECONDED by C/M Bender. VOTE: ALL VOTED AYE Public Works/Recreation Department 15. MOTION TO ADOPT Temp. Reso. #5014 awarding Bid #88-17 in the amount of $6,000.00 to Vitale Fireworks Sales Co. for the City's July 4th fireworks display. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R--88-115 -- PASSED City Manager Kelly said 3 bids were received on this Item and Vitale Fireworks Sales Co., was the lowest most responsible bidder. He recommended this Item be approved. * C/M Hoffman MOVED to APPROVE this Item, SECONDED by C/M Rohr. VOTE: ALL VOTED AYE With no further business, Mayor Abramowitz ADJOURNED this meeting a 11:10 A.M. QL:�O� N MAN ABRA WITS, MAYOR 6 �//J- " � i� �- C ROL E. BAR UTO, CITY CLERK "This public document was promulgated at a cost of $158.40 or $4.40 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' APPROVED AT MEETING OF Page 14 n �J 1 1 ATTACHMENT C/M Rohr REPORT UNDER CITY COUNCIL REPORTS -- SEE PAGE 4 CITY OF TAMARAC CITY COUNCIL MEETING APRIL 27, 1988 This is a verbatim report of Councilman Henry Rohr's statement delivered at the regular City Council meeting held on April 27, 1988. Excerpts from Miami Herald, April 21, 1989 publication: The County planners unveiled goals Wednesday to make sur Browards 28 Cities limit commercial growth, control beac development and broaden efforts to make the County mor attractive. The roll proposed for the County's new land USE plan at a Broward Planning Council Committee meeting i toward increased review of City regulations; ranging from signs to subdivisions, low income housing and to commercial developments. The plan would require Cities to adopt the required rule before their land use plans could be approved and to mak sure new growth is tied to providing that roads, parks, water and sewage services needed to serve it. Among its most controversial proposals were those trying to cut the Counties glut of office space. They would limit the size of shopping center that cities could build in non-commercial areas without County approval. Require market information to justify the need for new stores and offices. Tie the size of projects to the amount of traffic near by roads could handle The proposal also would tie beach front development to th� ability to evacuate barrier islands. Most of the requirements mirror those of the States tough growth management act,, effectivly making the County responsibility for enforcing the provisions. The requirement will he philosophical foundation for coloring in various land uses on the new map, the guidin document behind the Counties future growth. They were written by the Council staff along with City planners from around the County. But Journigan and Don McCloskey, a development Attorney questioned whether some of the proposals went beyond the purview of land use planning. They were concerned about astatic requirements for landscaping and sign controls and requirement for marketing information to justify new com- mercial projects. I don't think that a governmental entity should be able to tell you whether to tell you if you have the right to go bankrupt or not, Journigan said. But suc strict controls are what the group from the Royal Palm Civi� Association where looking for. How can we put one more vehicle on the street, Thomas said. Everyone is pushing for little bit more but those little bits add up to the magnitude of the problem that already exists. What I would add is that as you can see Broward County, the whole State now, is involved in growth, and the problems of growth and so we as the one council in one city are faced with these problems and are going to be faced with these problems. we don't have that much more land to be developed. Other cities, Sunrise, have double or more than double the space to still build out. But what we build in this City we will have to realy consider the things that we are going to permit to come into this City. So that the City will; become more beautiful and more.... the improvements will help us defray the expenses that we are going to have in the future. Thank you Mr. Mayor. 1 1 1 TrAC �/ /VE IV' 7- CITY OF TAMARAC INTEROFFICE MEMORANDUM 8804-4619 U88-799 TO: John P. Kelly, City Manager and Thelma Brown - Porter, Director of Community Development FROM: William H. Greenwood, Director of Utilities/Engineering SUBJECT: AGENDA ITEM NO: 16(B) REZONING TEMPORARY ORDINANCE NO: 1382 COUNCIL MEETING APRIL 27, 1988 DATE: April 27, 1988 COPIES: At the Public Hearing for the above -referenced rezoning, will you please make the following a matter of record. The proposed rezoning of lands on the Southeast corner of University Drive and Northwest 61st Street will be within a Broward County Wellfield Zone No: 1 of Influence if the County acts on the City's request to include all TUW's wells on the County's Official Wellfield Map. This request is presently being processed by County Staff and we expect TUW's wells on the County's Official Wellfield Map very soon. If the City rezones this land, the rezoning should be subject to the condition that businesses that use, handle, produce or store hazardous materials will not be allowed. RJF:mw William H. Greenwood, Director of Utilities/Engineering