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