Loading...
HomeMy WebLinkAbout1989-05-10 - City Commission Regular Meeting Minutesei to�C' 7525 N.W. 88th AVENUE TAMARAC, FLORIDA 33321-2401 RECORD OF COUNCIL ACTIONS/DISCUSSIONS CITY OF TAMARAC CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY, MAY 10, 1989 CALL TO ORDER: 7:00 P.M. ANNOUNCEMENT OF TIME ALLOCATIONS - MOTIONS TO TABLE - The Chair at this time will announce those items which have been given a specific time to be heard, and will entertain motions from Council members to table those items which require research. Council may agendize by majority consent matters of an urgent nature which have come to Council's attention after publication. INTRODUCTION 1. PRESENTATION by Mayor Abramowitz of a proclamation designating May 21--27, 1989, as NATIONAL PUBLIC WORKS WEEK. FINAL ACTION• PRESENTATION was made to Mike Couzzo, Director of Public Works, 2. ANNOUNCEMENT of the expiration in June of the terms of office for positions on the following boards and committees; Board of Social Services Code Enforcement Board Consumer Affairs Board Insurance Advisory Board Investment Advisory Board Parks and Recreation Board Parks Commissioner Public Information Board Veterans Affairs Committee If anyone is interested in serving on any of the above committees or boards, please contact the City Clerk's office for an application. If existing board and committee members desire to be considered for reappointment, please indicate this by memo to the City Clerk's office. FINAL ACTION• ANNOUNCEMENT was made by John P. Kelly, City Manager. CONSENT AGENDA 3. Items listed under Consent Agenda, Item 3, are viewed to be routine and the recommendation will be enacted by one motion in the form listed below. If discussion is desired, then the item(s) will be removed from the Consent Agenda and will be considered separately. Page 1 05/10/89 City Clerk 3. a. MOTION TO APPROVE the minutes of the following City Council meetings: 1. 4/10/89 - Special Meeting 2. 4/12/89 - Regular Meeting 3. 4/19/89 - Special Meeting FINAL ACTION: APPROVED 3al. APPROVED 3a2. APPROVED 3a3. 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 WOODMONT TRACT 72-A for a six-month period from 6/11/89 to 12/11/89. FINAL ACTION: APPROVED. C. MOTION TO APPROVE renewal of a model sales permit and waiver of the 150-foot distance requirement for issuance of certificates of occupancy for ARBORS II AT ISLES OF TAMARAC for a six-month period from 6/13/89 to 12/13/89. FINAL ACTION: APPROVED. Community Development d. MOTION TO ADOPT Temp. Reso. #5405 releasing a cash bond in the amount of $2,625.00 posted for beautification at 84TH TERRACE SHOPPES (880302). FINAL ACTION: APPROVED. Engineering/Utilities RESOLUTION NO. R-89-111 PASSED. e. MOTION TO APPROVE refund of an overpayment of the sewer service availability charge in the amount of $6,779.20 by the CHRISTIAN LIFE CENTER. FINAL ACTION: APPROVED. f. MOTION TO ADOPT Tem . Reso. #5404 releasing a cash warranty bond in the amount of $600.00 posted for lot grading to correct drainage deficiencies on Lot 57 of WOODMONT TRACT 63, 7545 Banyan Way (881811). FINAL ACTION: RESOLUTION NO. R--89-112 PASSED. APPROVED. OPEN PUBLIC FORUM 4. OPEN PUBLIC FORUM - Any member of the public who wishes to address the City Council at this time must, in advance of the item, give his/her name and address to the City Clerk. FINAL ACTION: Open Public Forum was held. 1 l Page 2 05/10/89 REPORTS 5. City Council 6. City Manager 7. City Attorney CONSIDERATIONS Engineering/Utilities 8. MOTION TO APPROVE the transfer of $15,000.00 from Shaker Village Water Line Account 425--364--533-6ND to a new account number to be established by the Finance Department for meter replacement under TUW Project 89 17, 8-inch Fire Flow Meter for TREEHOUSE/QUAIL OAKS. FINAL ACTION: APPROVED. RESOLUTIONS Building De artment 9. a. MOTION TO ADOPT Temia._ Reso_ #5385 granting a waiver to the sign ordinance pertaining to color and logo on a ground sign for STREB'S SEAFOOD AND STEAKHOUSE, 7111 W. Commercial Boulevard (Commercial Garden Mall) (formerly Carlone's Restaurant). (tabled on 4/12/89) b. MOTION TO ADOPT Temp. Reso. #5386 granting a waiver to the sign ordinance pertaining to color and size of letters on a wall sign for STREB'S SEAFOOD AND STEAKHOUSE, 7111 W. Commercial Boulevard (Commercial Garden Mall) (formerly Carlone's Restaurant). (tabled on 4/12/89) (This item will be considered after the public hearings scheduled at 7:30 P.M.) FINAL ACTION: RESOLUTION NO. R-89-113 PASSED. RESOLUTION NO. R--89-114 PASSED. APPROVED 9a. APPROVED 9b. Community Development 10. MOTION TO ADOPTTem Reso. #5406 authorizing the appropriate City officials to execute a triparty agreement with Broward County and RK Development Corp. relating to the issuance of building permits while platting is in progress for the RK Plat (MARKETPLACE AT TAMARAC). (located at the northeast corner of Commercial Boulevard and NW 70 Avenue) FINAL ACTION: RESOLUTION NO. R-89-115 PASSED. APPROVED. 11. MOTION TO ADOPT Temp. Reso. #5363 approving release of 75,296.28 of the $95,296.28 cash bond posted for off site improvements for the SPRING HOUSE project, with the City retaining $20,000.00 for work yet to be completed (tabled on 4/12/89). FINAL ACTION: RESOLUTION NO. R-89-116 PASSED. APPROVED. Page 3 05/10/89 Engineering/Utilities 12. MOTION TO ADOPT Temp. Reso. #5409 awarding Bid #89-11 to Utilities Services, Inc., in the amount of $71,743.37 for the construction of sewage lift station #39, TUW Project 87--18. FINAL ACTION: APPROVED. General Administrative RESOLUTION NO. R-89-117 PASSED. 13. MOTION TO ADOPT Temp. Reso. #5410 awarding Bid #89-14 to Gasboy-/William M. Wilson's Sons in the amount of $7,500.00 to furnish fleet maintenance software for the Municipal Complex/Police Facility with monitoring by Public Works. FINAL ACTION: TABLED. The following questions Councilman Hoffman would like the City Manager to answer: 1. Whether this is needed? 2. What this is going to do for the City in the event that we go with the Broward Sheriff's Office? 3. How much does gas cost the City each year? 14. MOTION TO ADOPT Temp. Reso. #5411 authorizing the appropriate City officials to execute the Sixth Amendment to the Interlocal Agreement with Broward County providing for the division and distribution of the proceeds of the local option gas tax imposed by the Broward County Local Option Gas Tax Ordinance. FINAL ACTION: APPROVED. PUBLIC HEARINGS - 7:30 P.M. Community Development RESOLUTION NO. R-89-118 PASSED. _ _ , 12. Reso. #5407 concerningPUBLIC 15 . HARaNre request 0 ADOPT Tem Robert ...-.- -- -- -- q y obert J. McCombs for special exception to permit the operation of STREB'S SEAFOOD AND STEAKHOUSE RESTAURANT at 7111 W. Commercial Boulevard in the GARDENS MALL, which is zoned B--2 (Planned Business). Petition #8-Z-89 FINAL ACTION: RESOLUTION NO. R--89-119 PASSED. APPROVED. Public hearing was held. 16. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #5408 concern ng a request by Robert J. McCombs for special exception to allow on -premises consumption of alcoholic beverages in conjunction with the proposed STREB'S SEAFOOD AND STEAKHOUSE RESTAURANT at 7111 W. Commercial Boulevard in the GARDENS MALL, which is zoned B-2 (Planned Business). Petition #9-Z-89. FINAL ACTION: RESOLUTION NO. R--89-120 PASSED. APPROVED. Public hearing was held. 1 Page 4 05/10/89 n UY1 Y' TTh VOL, C PUBLIC HEARINGS - 7:30 P.M. Community DeveIREg!ent 17. a. MOTION TO ACCEPT Affidavits of Publication and Posting for Temp. Ord. #1433. Petition #27-Z-88. b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1433 on first reading concerning a request by IRVING WALTMAN to rezone vacant lands at the northwest corner of University Drive and Mc Nab Road from B-1 (Neighborhood Business) to B-2 (Planned Business). Petition #27-Z-88. (tabled on 4/26/89) FINAL ACTION: 17a. ACCEPTED Affidavits. 17b. TABLED at the request of the applicant. 18. a. MOTION TO ACCEPT Affidavits of Publication and Posting for Temp. Ord. #1434. Petition #6--Z-89. b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1434 on second reading CE;n-cerning a request by BARBARA AND ABEL ZALCBERG/UNIVERSITY SHOPPES AND OFFICES to rezone those lands at the northeast corner of University Drive and NW 64 Street from B-6 (Business District) to B-2 (Planned Business). Petition #6--Z-89. FINAL ACTION: ORDINANCE NO. 0--89-16 PASSED. 18a. ACCEPTED Affidavits. 18b. Public hearing was held. APPROVED on second reading. Subject to deed restrictions which applicant voluntarily submitted in accordance with the following items not being placed on the property: Auto or tire stores Oil or lubrication centers Bars for on -premises consumption Blood banks Boat sales Pornographic or illicit book sales Bottled gas Bowling alleys No Churchs No Gun shops No Insect or extermination AGENDIZED BY CONSENT 19. MOTION TO ADOPT Temp. Reso. #5412 authorizing the appropriate City Officials to execute a revised addendum to the Interlocal Assistant Agreement with the City of Lauderhill concerning certain median land- scaping on Commercial Boulevard between Northwest 64 Avenue and University Drive. FINAL ACTION: RESOLUTION NO. R-89-121 PASSED. APPROVED. Page 5 05/10/89 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 A. Evans City Clerk Page 6 05/10/89 1- I PITY OF TAMARAC CITY COUNCIL REGULAR MEETING WEDNESDAY, MAY 10, 1989 CALL TO ORDER: Mayor Abramowitz called this meeting to Order on Wednesday, May 10, 1989 at 7:00 P.M. in the Council Chambers. MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Abramowitz called for the Pledge of Alleglance followwe -by a Moment of Silent Meditation dedicated to George Gottfried, Resident of Lakes of Carriage Hills, who passed away. PRESENT: Mayor Norman Abramowitz Vice Mayor Jack Stelzer Councilman Dr. H. Larry Bender Councilman Bruce Hoffman Councilman Henry Rohr ALSO PRESENT: John P. Kelly, City Manager Richard Doody, City Attorney Carol A. Evans, City Clerk Pauline Walaszek, Special. Services Secretary AGENDIZED BY CONSENT 19. MOTION TO ADOPT Temp. Reso. #5412 authorizing the appro- priate City offic als to execute a revised Addendum to the Interlocal Assistance Agreement with the City of Lauderhill concerning certain median landscaping on Commercial Boulevard between NW 64 Avenue and University Drive. SYNOPSIS OF ACTION: AGENDIZED by consent. (SEE PAGE 18 for Final Action) * V/M Bender MOVED to AGENDIZE Tem2. Reso. #5412 by Consent * as Item 19, SECONDED by C/M Hoffman. VOTE: INTRODUCTION ALL VOTED AYE4 1. PRESENTATION by Mayor Abramowitz of a proclamation designating May 21-27, 1989, as NATIONAL PUBLIC WORKS WEEK. SYNOPSIS OF ACTION: PRESENTATION was made to Mike Couzzo, Director of Public Works/Parks and Recreation Departments and Vinnie Richman, Public Works Employee. Mayor Abramowitz read the proclamation and presented it to Mike Couzzo, Director of Public Works/Parks and Recreation Departments and Vinnie Richman, Public Works Employee. 2. ANNOUNCEMENT of the expiration in June of the terms of office for positions on the following boards and committees: Board of Social Services Code Enforcement Board Consumer Affairs Board Insurance Advisory Board Page 1 5/10/89 - Regular Investment Advisory Board Parks and Recreation Board Parks Commissioner Public Information Board Veterans Affairs Committee SYNOPSIS OF ACTION: ANNOUNCEMENT was made by City Manager Kelly. City Manager Kelly announced that the terms of office for the above listed Boards and Committees would expire in June. He suggested that those interested apply or reapply for the terms at the City Clerk's office. CONSENT AGENDA - ITEM 3 a. through f. City Clerk 3. a. MOTION TO APPROVE the minutes of the following City Coun i lme e t ni g s 1. 4/10/89 _ Special Meeting 2. 4/12/89 - Regular Meeting 3. 4/19/89 - Special Meeting SYNOPSIS OF ACTION: APPROVED. 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 WOODMONT TRACT 72-A for a six-month period from 6/11/89 to 12/11/89. SYNOPSIS OF ACTION: APPROVED. c. MOTION TO APPROVE renewal of a model sales permit and waiver of the 150-foot distance requirement for issuance of certificates of occupancy for ARBORS II AT ISLES OF TAMARAC for a six-month period from 6/13/89 to 12/13/89. SYNOPSIS OF ACTION: APPROVED. d. MOTION TO ADOPT Temp. Reso. #5405 releasing a cash bond in the amount of $2,625.00 posted for beautification at 84TH TERRACE SHOPPES (880302). SYNOPSIS OF ACTION: RESOLUTION NO. R-89-111 - PASSED APPROVED. Engineering/Utilities e. MOTION TO APPROVE refund of an overpayment of the sewer service availability charge in the amount of $6,799.20 by the CHRISTIAN LIFE CENTER. SYNOPSIS OF ACTION: APPROVED. f. MOTION TO ADOPT Temp. Reso. #5404 releasing a cash warranty bond in the amount o 600.00 posted for lot grading to correct drainage deficiencies on Lot 57 of WOODMONT TRACT 63, 7545 Banyan Way (881811). SYNOPSIS OF ACTION: RESOLUTION NO. R-89-112 -- PASSED APPROVED. Page 2 5/10/89 - Regular * C/M Rohr MOVED to APPROVE Consent Agenda, Item 3 a. through f., * SECONDED by V/M Bender. VOTE: OPEN PUBLIC FORUM 4. OPEN PUBLIC FORUM ALL VOTED AYE Victoria Ryan, Resident at 5908 Beech Court, said last month she appeared before the City Council regarding the City Council's feelings regarding a special Tax District. She said she has not received any response on this matter and she asked the City Council to comment on this matter. Mayor Abramowitz said the original request was submitted to the City and the City was directed to place the matter on hold. He said the City Council has not received any information on this matter; therefore, he could not comment. Anthony Grimaldi, Resident of Sunflower/Heathgate, said his Section discussed the matter regarding the Broward Sheriff's Office. He said the residents were requesting that the matter be taken to Referendum. He said the residents were entrusting only three people to judge their lives. He said the future City Councils' may decide not to continue service with the Broward Sheriff's Office and want their own Police Department. He said approving the Broward Sheriff's Office matter without a Referendum may open Pandora's Box to future Politicians. He said it was not fair to the residents to not allow the residents to vote on the matter. Bernard Hart, Resident, said the method of adoption of the Broward Sheriff's Office matter was important because the taxpayers would pay the bill regardless of how it was done; therefore, it was very important that the residents have a say in the implementation or denial. He said he recently heard a Council member state, "What the hell do the people know, we will decide". He said this was not an appropriate attitude for the City Council to have. Mr. Hart said on November 4, 1986, the City Council presented the same issue to the residents who voted it down and the City Council agreed to abide by the wishes of the voters of the City. He said it was recently stated that the people did not come out to vote on the matter; however, the vote was the largest turnout ever held in the City which consisted of 60% of the registered voters and, out of the 23 voting Precincts in the City, 15 Precincts voted "no". He said there should be a Referendum for the people to decide as to the future of the City's Police Department and the City Council should abide by the residents vote. Samuel Bittar, Jr., Resident at 8106 NW 72 Avenue, said he was a former New York Police Officer and he felt that if the City should transfer to the Broward Sheriff's Office it would be a mistake. He said the employees working for the City choose to do so; however, the Broward Sheriff's Office choose to work for Broward County. He said the City should be moving forward as opposed to backwards and, if the Broward Sheriff's Office was patrolling the City, it would be like the patrol in the Unincorporated Broward areas. Page 3 5/10/89 - Regular Morris Haber, Resident, said he understood that moving to the services of the Broward Sheriff's Office was being considered to save money in the City; however, he was concerned with the City hiring professionals in the Departments but willing to disband the City's Police Department. He said the millage rate should be given to the residents and the residents should make the decision of either paying the increase or not because the residents should decide if they wanted a Police Department that would serve them. Mayor Abramowitz said the proposed Contract with the morning. He said the City that were being expressed that the residents attend matter so that they could REPORTS 5. CITY COUNCIL REPORTS City Council reviewed the Broward Sheriff's Office this Council reviewed the matters at this time. He suggested the Public Hearings on this express their concerns. C/M Stelzer said the residents in the Open Public Forum have been 3iscussing the matter with the Broward Sheriff's Office be taken to Referendum; however, the residents were not aware that the City could not go to a Referendum because time was limited. He said the City must have their Budget rating by September 1, 1989; therefore, there was not enough time to go to Referendum. He said the City Council would be taking a straw -vote by the residents. C/M Rohr said the Broward League of Cities was petitioning to prevent the Legislature from mandating programs to the Municipalities without funding. He read letter submitted by Walter Falck, Executive Director of the Broward League of Cities, dated May 5, 1989, into the record. (SEE ATTACHMENT #1). C/M Rohr said there were blank petitions in the rear of the Council Chambers and he asked the residents to sign the petitions and submit them to him. He said he recently received 2,500 petitions and more petitions would be appreciated. C/M Rohr said there have been Articles in the newspapers regarding Off -Shore Oil Drilling in Florida and he read information into the record. (SEE ATTACHMENT #2) C/M Rohr said the information was in the rear of the Chambers for those residents who were interested in Petitioning Off -Shore Oil Drilling. C/M Hoffman reported that the new Sign Ordinance was being reviewed by the City Planner and, because of the Land Use Plan review, the City Planner was not able to devote as much time to the Ordinance as needed. He said the City Planner was working on the Ordinance and she was holding consultations with the City Attorney. He said a Special Workshop of the Planning Commission would be called on May 24, 1989, which would consist of the presentation of the Sign Ordinance draft. He said when the Planning Commission reviewed the Ordinance, the City Council would be able to hold Public Hearings on the Ordinance. Mayor Abramowitz reported that there would be a Joint Workshop meeting witFithe City Council and Charter Board held on 1 1 Page 4 5/10/89 - Regular May 26, 1989, at 10:00 A.M. concerning the different opinions of placing Items of the Charter on Referendum. Mayor Abramowitz announced that the Grant for the Senior Citizens Building was on the Senate Budget and House Budget Agenda. He said this Grant would assist the City in building the Senior Citizens Building in conjunction with the Multi -Purpose Complex. (SEE PAGE 9 for further Reports) PUBLIC HEARINGS - 7:30 P.M. Community Development 15. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #5407 concerning a request by Robert J. McCombs for special exception to permit the operation of STREB'S SEAFOOD AND STEAKHOUSE RESTAURANT at 7111 W. Commercial Boulevard in the GARDENS MALL, which is zoned B-2 (Planned Business). Petition #8-Z-89 SYNOPSIS OF ACTION: RESOLUTION NO. R-89-119 - PASSED Public Hearing g was held. APPROVED. City Attorney Doody read Temp' Reso. #5407 by title. * V/M Bender MOVED to APPROVE Tem2. Reso. #5407, SECONDED by * C/M Hoffman. Kelly Carpenter -Craft, City Planner, said this application was for a Special Exception for a proposed seafood and steakhouse restaurant. She said the Findings of Facts are as follows: 1. This is a proposed restaurant operation and the owners propose to occupy 45,035 square feet of the northwest building identified as Building 1 on the Garden Mall site plan. 2. The City Land Use Plan designated the parcel Commercial and the Plaza was zoned B-2 (Planned Community Business) which permitted restaurants as a Special Exception. 3. The existing Land Use and Zoning on the abutting properties are: North -- R-1 (Low/Medium Residential) South - C-3 (Lauderhill General Business) East - B-1 (Neighborhood Business) West -- B-1 (Commercial Business) Mrs. Carpenter -Craft said when the Mall was constructed the Building was planned, permitted and constructed as a restaurant. She said two previous restaurants have located in this Bay. She said the conditions for a special exception for a restaurant may be considered under the City Code are as follows: 1. The structure containing the restaurant shall be 100 feet from the nearest residential property line. 2. The restaurant must have an approved method of solid waste collection. 3. A plan for control reduction or elimination of offensive odors is required. Mrs. Carpenter -Craft said the Petitioner would be using the previously approved plans and equipment and control offensive odors and has complied with all of the Page 5 5/10/89 - Regular conditions. She recommended approval of the Special Exception subject to all conditions of the Zoning Code. C/M Stelzer asked if the Special Exception was given to the Garden Mall or the previous tenant, Carlones, and Mrs. Carpenter -Craft said the Special Exception was given to the previous tenant. Mayor Abramowitz Opened and Closed the Public Hearing with no response.. VOTE: ALL VOTED AYE 16. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #5408 concerning a request by Robert J. McCombs for special exception to allow on -premises consumption of alcoholic beverages in conjunction with the proposed STREB'S SEAFOOD AND STEAKHOUSE RESTAURANT at 7111 W. Commercial Boulevard in the GARDENS MALL, which is zoned B-2 (Planned Business). Petition #9-Z-89. SYNOPSIS OF ACTION: Public Hear ni g was held. APPROVED. RESOLUTION NO. R-89-120 - PASSED City Attorney Doody read Temp. Reso. #5408 by title. * V/M Bender MOVED to APPROVE Temp. Reso. #5408, SECONDED by * C/M Hoffman. Mrs. Carpenter -Craft said the request was for a Special Exception to allow on -premises consumption of alcoholic beverages in conjunction with the proposed Streb's Restaurant discussed with Item 15. She said the property was zoned B-2 (Planned Business) and Section 28.171 of the City Code described that alcoholic beverages were regulated by Special Exception; however, the Code set forth no particular criteria for approval on the use. She said there was another restaurant in the Garden Mall Center which had an approved Special Exception for alcoholic consumption and the previous tenant at this location was granted a Special Exception for alcoholic consumption. She said the Planning Commission recommended approval on April 5, 1989 and she recommended approval. Mayor Abramowitz Opened and Closed the Public Hearing with no response. VOTE: ORDINANCES ALL VOTED AYE 17. a. MOTION TO ACCEPT Affidavits of Publication and Posting for Temp. Ord. #1433. Petition #27r-Z-88. b. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #1433 on first reading concerning a request by IRVING WALTMAN to rezone vacant lands at the northwest corner of University Drive and McNab Road from B-1 (Neighborhood Business) to B-2 (Planned Business). Petition #27-Z-88. (tabled on 4/26/89) SYNOPSIS OF ACTION: PUBLIC HEARING was held. a. ACCEPTED Affidavits. b. TABLED at the Petitioners request and DIRECTED staff to amend the B-1 Ordinance. Page 6 1 1 1 5/10/89 - Regular * a. C/M Rohr MOVED to APPROVE the Affidavits of Publication and * Posting for Temp. Ord. #1433, SECONDED by V/M Bender. City Attorney Doody said the Petitioner requested that this Item be Tabled and Mayor Abramowitz said this matter should be handled immediately. VOTE: ALL VOTED AXE City Attorney Doody read Temp. Ord. #1433 by title. * V/M Bender MOVED to TABLE Temp. Ord. #1433 on first reading, * SECONDED by C/M Hoffman. Mayor Abramowitz suggested that staff amend the B-1 Ordinance to allow a Special Exception for Bays over 5,000 square feet with specific approval criteria. He said there were several requests for zoning changes which the City Council questioned. Mayor Abramowitz said the property in question was located next to a church, behind and across from a residential area. He said the Petitioner was requesting the rezoning because B-1 did not allow a 5,000 square foot Bay which was needed to use the land. Mayor Abramowitz said he would like the City Council to have the ability to stop Blanket Rezoning without the knowledge of what would happen to the property after the rezoning was done. He suggested that staff and the City Attorney be Directed to prepare the necessary amendments for City Council approval to stop indiscriminative building in the City. C/M Stelzer said the City Council has always been instructed that it was not appropriate to question what would be built on property that was before the City Council for rezoning. Mayor Abramowitz said he wanted the City Council to be able to ask the Petitioner why the rezoning was being requested. He said staff indicated that the majority of the B-2 requests were necessary; however, Special Exceptions could be given based upon the contents of the property. He said he opposed blanket rezoning of property without the City Council having control of what went on the land. City Attorney Doody asked if the City Council wanted the B-1 zoning Ordinance amended to include a Special Exception for 5,000 square foot Bays. C/M Rohr asked if this amendment would not require the Petitioner to come before the City Council for a Special Exception. City Attorney Doody said the amendment would require the Petitioner to come before the City Council for approval. He said the problem at this time was that the use was not permitted in the B-1 zoning district; therefore, B--2 zoning was requested because of its allowable uses. C/M Hoffman asked if the permission would be to grant Special Exceptions within the category of B-1 zoning. Mayor Abramowitz said he wanted to eliminate the need for Developers to request B-2 zoning because they had no Page 7 5/10/89 - Regular TAPE 2 other choice. He said there were several different allowances in B-2 zoning as compared to B-1 zoning. C/M Stelzer said if the amendment was made in B-1 zoning, a Special Exception would not be needed. Mayor Abramowitz said at this time, a Special Exception was not provided in the B-1 Zoning Ordinance. Mayor Abramowitz said he wanted the City Council to have control of what was being placed on property and eliminate blanket rezoning. He said he wanted the Developers to be able to come to the City Council for a Special Exception because it rwas a provision of the City Code. He said he was requesting that staff amend the B-1 Zoning Ordinance so that a Special Exception could be allowed and so that the City Council could have control of what was being placed on the land. City Attorney Doody said he would draft an Ordinance that amended the B-1 Zoning District to permit, by Special Exception, 5,000 square foot Bays/Warehouse space. C/M Hoffman asked if the City Council could ask the Developer what was going to be placed on the property before a Special Exception was granted. City Attorney Doody said B-1 Zoning would have a list of Special Exception uses. He said when the Special Exceptions were requested, criteria would be required which would inform the City Council what the project would be. Mayor Abramowitz asked the City Council if they approved of this amendment and all AGREED. VOTE: ALL VOTED AYE 18. a. MOTION TO ACCEPT Affidavits of Publication and Posting for Temr. Ord. #1434. Petition #6-Z-89 b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1434 on second reading concerning a request by BARBARA AND ABEL ZALCBERG/UNIVERSITY SHOPPES AND OFFICES to rezone those lands at the northeast corner of University Drive and NW 64 Street from B-6 (Business District) to B-2 (Planned Business). Petition #6-Z-89 SYNOPSIS OF ACTION: ORDINANCE NO. 0-89-16 - PASSED PUBLIC HEARING was held. a. ACCEPTED the Affidavits. b. APPROVED on second reading. * a. C/M Rohr MOVED to ACCEPT the Affidavits of Publication and * Posting for Temp. Ord. #1434, SECONDED by C/M Hoffman. VOTE: ALL VOTED AYE City Attorney Doody read Temp` Ord. #1434 by title. * V/M Bender MOVED to APPROVE Temp. Ord. #1434 on second reading, * SECONDED by C/M Hoffman. Mrs. Carpenter -Craft said the property was currently zoned B-6 (Business District) and the building was existing and had an approved site plan. She said the total area of the site was 1.5 acres and the surrounding zones are: Page 8 5/10/89 - Regular North - B-1 (Neighborhood Business) South - B-2 (Planned Community Business) East - B-6 (Business District) West - R-4A (Planned Apartment) Mrs. Carpenter --Craft said the B-6 use was intended, "For the development of integrated lands of professional or business developments with accessory of residential units of the primary structure.". She said the site was not developed as a mix of businesses and residential uses; however, the City favored the concept of these types of uses in B-6 but it was unlikely that the site would be developed to this type of use. She said the Planning Commission approved the request on April 5, 1989, and she recommended approval. C/M Stelzer asked if the dividers from the construction would be taken down. Sam Goren, Attorney for the Petitioner, said that the dividers were placed there by the County because of construction on University Drive. He said when the construction was completed, the County would eliminate the walls as well as supply landscaping. C/M Stelzer said the east had a divider which was located in the area before the road construction was started and Attorney Goren said the road Contractor would remove the dividers. Mayor Abramowitz said the Petitioner did a wonderful job in improving the property and he hoped that they continued the good work. Mayor Abramowitz Opened the Public Hearing. Joe Padwa, Resident at Concord Village, said he had no objections to the rezoning; however, he would like the beautification to continue on the property. He asked if the restrictions would be passed on from owner to owner. Mrs. Carpenter -Craft said the specifications indicated that the provisions would be passed from owner to owner. Anthony Grimaldi, Resident of Sunflower/Heathgate, said that Concord Village expressed their concerns consistently regarding surrounding properties. He said Concord Village wanted the Planning Commission and the City Council to inform them of what was going to put on the property; however, Concord Village should be aware that this type of questioning of the developers was not permitted during a rezoning request. Mayor Abramowitz Closed the Public Hearing with no further response. VOTE: ALL VOTED AYE REPORTS 5. CITY COUNCIL REPORTS V/M Bender said there was a comment made by C/M Stelzer regarding the Broward Sheriff's Office matter. He said C/M Stelzer indicated that the residents should be allowed to express their concerns regarding the Broward Sheriff's Office takeover. He said the matter was discussed by the City Council and it was approved that a Page 9 5/10/89 - Regular letter would be sent to the residents which would contain a tear -off section that the residents could submit back to the City regarding their votes of either "yes" or "no" . C/M Stelzer said the letter would be sent to the registered voters of the City. 6. CITY MANAGER REPORT City Manager Kelly said pursuant to the City Charter, he could approve emergency purchases which he did for the Fire Department. He said the main aerial ladder was tested and it had to be removed from service because of stress cracks in the turntable which housed the ladder. He said he authorized the necessary repairs to be done. City Manager Kelly said he recently sent out Requests for Proposals to vendors regarding a recycling program. He said the proposals were to provide services to the Cities as a group and the Bids would be opened on May 15, 1989. He said the Cities applied for a Grant to attempt their own recycling program. He said the Grant was allocated in the amount of $396,900.00 and this was the largest single entity being funded. 7. CITY ATTORNEY REPORT City Attorney Doody said the City Council requested that the Agenda be changed so that staff did not have to wait throughout the entire meeting. He said during the morning meetings, the Open Public Forum and Reports could be placed at the end of the Agenda without any action of the City Council. He said if the City Council did not object to this, the next City Council meeting would be prepared this way. C/M Hoffman suggested that the procedure be changed. C/M Stelzer said he would like to see a definite time when the items would be heard and City Manager Kelly said the delays may be corrected by moving the Open Public Forum and City Council Reports to the end of the Agenda. City Manager Kelly said the developers were given an approximate time of when their items would be heard. City Manager Kelly asked if the City Council wanted the change to be for the morning meetings only and C/M Hoffman, C/M Rohr and C/M Stelzer said they would like the change to be for both meetings. The City Council AGREED that the change would be applied for both meetings of the month. CONSIDERATIONS Utilities/Engineering 8. MOTION TO APPROVE the transfer of $15,000.00 from Shaker Village Water Line Account 425-364-533-6ND to a new account number to be established by the Finance Department for meter replacement under TUW Project 89-17, 8-inch, Fire Flow Meter for TREEHOUSE/QUAIL OAKS. SYNOPSIS OF ACTION: APPROVED. * V/M Bender MOVED to APPROVE this Item, SECONDED by C/M Hoffman. Page 10 5/10/89 - Regular Bob Foy, Director of Utilities/Engineering, said the Fire Department has advised that one of the lowest fire flow areas for fire hydrants was in Quail Oaks. He said the matter was investigated and found that by replacing the existing 3--inch meter with an 8-inch fire flow meter, the flow would be greatly increased. He recommended approval of this Item. C/M Stelzer asked if Shaker Village needed the funding that was being transferred and Mr. Foy said the Shaker Village project was reevaluated and the funds were not needed for the project. Mr. Foy said the water lines were no longer breaking; therefore, the funding could be used elsewhere. C/M Hoffman asked if the funds were Budgeted and Mr. Foy said the funds were Budgeted for the Shaker Village project. VOTE: ALL VOTED AYE RESOLUTIONS Building De2artment 9. a. MOTION TO ADOPT Temp. Reso. #5385 granting a waiver to the sign ordinance pertaining ng to color and logo on a ground sign for STREB'S SEAFOOD AND STEAKHOUSE, 7111 W. Commercial Boulevard (Commercial Garden Mall) (formerly Carlone's Restaurant). (tabled on 4/12/89) b. MOTION TO ADOPT Temp. Reso. #5386 granting a waiver to the sign ordinance pertain ng to color and size of a wall sign for STREB'S SEAFOOD AND STEAKHOUSE, 7111 W. Commercial Boulevard (Commercial Garden Mall) (formerly Carlone's Restaurant). (tabled on 4/12/89) (This item will be considered after the public hearings scheduled at 7:30 P.M.) SYNOPSIS OF ACTION: RESOLUTION NO. R-89--113 - PASSED APPROVED a. and b. RESOLUTION NO. R-89-114 PASSED City Attorney Doody read Temp-. Reso. #5385 by title. * a. V/M Bender MOVED to APPROVE Temp. Reso. #5385, SECONDED by * C/M Hoffman. Dale Lee, Chief Building Official, said in October, 1980, the City Council approved Resolution R-80-234 for a waiver of the Sign Ordinance allowing a directory sign for Carlone's Restaurant. He said the Petitioner was requesting the waiver to allow the face and copy of the sign to be changed on the existing sign structure. He said the sign complied with the setback and height requirements and he recommended approval. C/M Hoffman asked if the Petitioner was aware that there may be a change in the Sign Ordinance which may require that the Petitioner change the sign. Mr. Lee said that the Petitioner was informed of this and agreed; however, the existing proposed Sign Ordinance would not require any additional changes by this Petitioner. C/M Stelzer asked why the Planning Commission denied this request and Mr. Lee said the Planning Commission denied Page 11 5/10/89 - Regular the request because the directory sign allowed the listing of all tenants of the center and the Planning Commission did not approve of this. VOTE: ALL VOTED AYE City Attorney Doody read Temp. Reso. #5386 by title. * b. C/M Hoffman MOVED to APPROVE Temp.. Reso. #5386, SECONDED by * V/M Bender. Mr. Lee said the Petitioner requested green lettering but the established criteria for the Gardens Mall was yellow lettering. He recommended approval of this request because the visual impact of the color would not affect the site appearance or the adjacent property. He said the restaurant was at the rear of the Center and the exposure would not be objectionable. C/M Hoffman said the new proposed Sign Ordinance would not allow this criteria. Mr. Lee said the waiver was in effect for one year and would have to be renewed annually. C/M Hoffman said the Petitioner should be made aware that there may be additional costs if the criteria had to be changed. C/M Rohr asked if the Petitioner would state on record that he understood that there was a possibility that there may be changes required in the future. Robert J. McCombs, President of Streb's Seafood and Steakhouse, said he understood that there may be changes required in the future and he was willing to comply to all of the City Codes. VOTE: ALL VOTED AYE Community Development 10. MOTION TO ADOPT Temp.. Reso. #5406 authorizing the appro- priate City officials to execute a triparty agreement with Broward County and RK Development Corp. relating to the issuance of building permits while platting is in progress for the RK Plat (MARKETPLACE AT TAMARAC). (located at the northeast corner of Commercial Boulevard and NW 70 Avenue) SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-89-115 - PASSED City Attorney Doody read Temp' Reso. #5406 by title. * V/M Bender MOVED to APPROVE Temp. Reso. #5406, SECONDED by * C/M Hoffman. Kelly Carpenter -Craft, City Planner, said the Final Plat was approved by the City Council on March 8, 1989. She said the Broward County Commission approved the Plat on April 4, 1989 and the Triparty Agreement provided for the issuance of Building Permits during platting, which was in progress. She said the applicant was at risk and the City was not and she recommended approval. VOTE: ALL VOTED AYE 1 1 1.1 Page 12 5/10/89 - Regular 11. MOTION TO ADOPT Tem2. Reso. #5363 approving release of $80,296.28 of the $95,296.28 cash bond posted for off site improvements for the SPRING HOUSE project, with the City retaining $15,000.00 for work yet to be completed (tabled on 4/12/89). SYNOPSIS OF ACTION: RESOLUTION NO. R-89-116 - PASSED APPROVED subject to the City retaining $20,000.00 for listed improvements required by staff and the release of $75,296.28 of the $95,296.28 Cash Bond. City Attorney Doody read Temp. Reso. #5363 by title. * V/M Bender MOVED to APPROVE Temp Reso. #5363, SECONDED by * C/M Hoffman. Mrs. Carpenter -Craft said the City was holding a Cash Bond on this project for approximately $95,000.00 and staff recommended that $15,000.00 be held for improvements (SEE ATTACHMENT #3). She said the Engineering and Planning Departments felt that $15,000.00 retention was more than adequate for the improvements. Mayor Abramowitz said this Item was Tabled at the last meeting because of Oxford Development's financial problems and he asked the City Attorney to address this matter. City Attorney Doody said the City received a letter from the Attorney representing Tamarac Oxford, LTD., as bankruptcy Counsel. He read the letter into the record which indicated that there was no reason why the release of the Cash Bond should not be granted. He said there was no reason that the City Council should not release the Bond. Mayor Abramowitz asked if the City Attorney saw any problems in releasing the Bond and City Attorney Doody replied, no; however, he could see problems in the future if the City did not release the funds. C/M Hoffman asked what problems were foreseen and City Attorney Doody said the City Council should understand that the money was a Cash Bond that the City was holding to cover the costs of certain improvements. He said the only way that the City could take possession of the money was if the improvements were not done. He said if the improvements were not done than the City could only spend the money on the improvements. He said the City did not own or have any rights to the money. He said there would be funds held until the improvements listed by the City's staff were completed. He said any other type of action may open the City up to a legal challenge. Scott Fuerst, Attorney for the Developer, said he felt that a good and honest attempt was made in requesting what funds should be returned. He said the initial requested amount to be returned was $5,000.00 more and the City's staff did not approve of it. He said that the improvements suggested by the City's staff would be corrected immediately. George Dressler, Resident of Section 6 and General Manager of the Sabal Palm Country Club, said he was speaking for several residents and neighbors of the surrounding area in question. He said there was an agreement between Oxford Development and Sabal Palm which Page 13 5/10/89 - Regular TAPE 3 would not be enforceable because of the Chapter 11 proceedings. He said the agreements were related to each other because of the involvement of the Signatures and Beneficiaries. Mr. Dressler said the Development Agreement would benefit the Woodlands, City and golfers; however, the development would suffer because there were three puddles in the parking lot. He said there were several items that needed to be corrected, especially the 8th hole of the golf course. He said the City should retain the full amount of the Bond because of the close relationship that existed between the various agreements and the work was incomplete. Mr. Dressler said the residents of the surrounding area would suffer from this development; therefore, the City Council should not allow this Bond to be returned. He said he felt that the Petitioners wanted the Bond because they had money due to them. Mayor Abramowitz asked City Attorney Doody if the Bond had any relation to the situation regarding the 8th hole of the Golf Course. City Attorney Doody said he understood that it was not related and Mrs. Carpenter -Craft agreed. Mayor Abramowitz said Mr. Stackhouse was suddenly concerned about the matter regarding the 8th hole; however, during conversations with Mr. Stackhouse, it was evident that Mr. Stackhouse did not want to become involved. He said he wanted this matter handled in a legal fashion and he asked City Attorney Doody if this Item had anything to do with the situation regarding the 8th hole. City Attorney Doody replied, no. He said there are a list of improvements that would be supported by the Bond and the 8th green was not one of the improvements. He said giving the money back was not the problem because it belonged to the applicant. He said what the applicant did with the money was not the City's business because it was between the two private parties. C/M Rohr said staff recommended that $15,000.00 be held for the necessary improvements; however, the list of improvements seemed that more than $15,000.00 was needed. He suggested that the City retain $25,000.00 for the improvements. V/M Bender asked how staff determined to retain $15,000.00 and Mrs. Carpenter -Craft said the improvements were estimated; however, she and the Utilities/Engineering Director were more than comfortable with retaining $15,000.00. C/M Hoffman said he was not satisfied that the money being retained was sufficient to do the listed improvements. He said he agreed that more money should be retained. C/M Stelzer said several years ago Oxford Development met with Mr. Stackhouse and proposed to buy the entire Golf Course to build a Hotel at the intersection of Commercial Boulevard and the Florida Turnpike. He said the proposal included a restaurant in the Hotel which could be used by the Golfers. He said Oxford Development wanted to turn Page 14 5/10/89 - Regular the entire Golf Course over to the City at no charge. He said there was a first reading of this; however, the second reading was Tabled. He said the entire proposal was never implemented and the people who worked on the proposal were fired or dismissed. He said the only thing that became of the proposal was the existing development. C/M Stelzer said the work on the Golf Course for water retention had been done by Oxford Development and was supposed to be approved by the City; however, there were no documents indicating an off -site plat which indicated the dimensions of how far away the 8th green was supposed to be from Sabal Palm. He said Sabal Palm was 4-feet away from the 8th green and Oxford Development agreed that the 8th green was placed in the wrong place; however, on the sign -off of the approval of the 8th green, etc., there was not one dimension evident. He said the approved plans for the 8th green and water retention did not indicate who approved it. C/M Stelzer said the City was morally responsible to the residents of Sabal Palm to see that the 8th green was moved. He said Mr. Stackhouse has been contacting Oxford Development for several years to move the 8th green before they went into bankruptcy. He said the City should be responsible for having the 8th green moved for the safety and welfare of the residents of Sabal Palm. C/M Stelzer suggested that the money be held because, if the monies were returned, the situation regarding the 8th green would not be corrected. He said the City approved a plan allowing Oxford Development to put the 8th green in the location; therefore, this was the City's concern. He said the City should get this matter resolved while the City had some control. C/M Rohr said he has been hearing about the Sabal Palm matter since he became a Councilmember and, after investigating the matter, he did not find a site plan approval of the 8th green as it presently existed. He said the 8th green was moved and never approved by anyone in the City. He said he would not approve of this Item. C/M Stelzer said there was a site plan approval; however, there were no dimensions indicated. C/M Hoffman said he agreed that the 8th green should be moved; however, he was concerned about who was responsible for moving it. He said if it was Oxford Development's responsibility, the money should be held; however, it the responsibility was Mr. Stackhouse's, the money should be returned to Oxford Development. Mayor Abramowitz said he met several times with the City Manager, Oxford Development and Mr. Stackhouse. He said there was a point where Oxford Development was very willing to contribute in correcting the matter; however, Mr. Stackhouse did not agree and, if the the City did not go along with him, the green was not going to be corrected. He said he felt very offended when Mr. Dressler continued bringing up the 8th green. He said he did not want the City sued again and, if the money had anything to do with the 8th green, he would not approve returning it to Oxford Development. Mayor Abramowitz asked the City Attorney if the City could hold the money until Oxford Development assisted in Page 15 5/10/89 -- Regular correcting the matter regarding the 8th green. City Attorney Doody replied, no. Mr. Dressler said the changes suggested to Mr. Stackhouse regarding relocation of the 8th green was totally inappropriate because of the Golf Course design. He said he wanted to see the 8th green moved. Mayor Abramowitz said Mr. Stackhouse wanted the 8th green moved providing the City agreed to the things he wanted to do and Mr. Dressler said he felt this was an improper statement. * C/M Hoffman MOVED to APPROVE $20,000.00 being retained for * the improvements, SECONDED by V/M Bender. * C/M Rohr MOVED to APPROVE $25,000.00 being retained for * the improvements. Motion FAILED for lack of a Second. ** The following Vote was on C/M Hoffman's Motion and V/M Bender's Second. VOTE: Mayor Abramowitz - Aye V/M Bender - Aye C/M Hoffman - Aye C/M Rohr - Aye C/M Stelzer - Nay VOTE: ALL VOTED AYE Engineering/Utilities 12. MOTION TO ADOPT Temp. Reso. 45409 awarding Bid #89-11 to Utilities Services, Inc., in the amount of $71,743.37 for the construction of sewage lift station #39, TUW Project 87-18. SYNOPSIS OF ACTION: RESOLUTION NO. R-89-117 - PASSED APPROVED. City Attorney Doody read Temp. Reso. #5409 by title. * C/M Hoffman MOVED to APPROVE Temp. Reso. #5409, SECONDED by * V/M Bender. Bob Foy, Director of Utilities/Engineering, said Kings Point required this Station to continue with their project and the project would be funded by CIAC Funds. He said the lift station was included in the cost to be funded by CIAC Funds and he recommended approval. City Manager Kelly said the project went out to bid, there were 5 bids received and the bids ranged in the amount of $197,000.00 to $82,000.00; however, because the City would be furnishing the electrical control panels, the cost was reduced to $71,000.00. VOTE: ALL VOTED AYE General Administrative 13. MOTION TO ADOPT Temp. Reso. #5410 awarding Bid #89�-14 to Gasboy-%Will ai m M. wilson's Sons in the amount of $7,500.00 to furnish fleet maintenance software for the Municipal Complex/ Police Facility with monitoring by Public Works. Page 16 5/10/89 - Regular SYNOPSIS OF ACTION: TABLED for further investigation. City Attorney Doody read Temp. Reso. #5410 by title. * V/M Bender MOVED to APPROVE Temp. Reso. #5410, SECONDED by * C/M Hoffman. City Manager Kelly said there were three bids received on the project and the proposals ranged from $75,000.00 to $11,120.00. He said the proposal provided the furnishing, installation, training, startup, updating and re -startup of fleet maintenance and fueling software packages to monitor the Police Vehicles. He said the monitoring would be controlled by the Public Works Department and he recommended approval. Mayor Abramowitz asked if the City would be spending unnecessary funds if the City decided to transfer to the Broward Sheriff's Office and City Manager Kelly said the City was negotiating with the Broward Sheriff's Office to provide maintenance and monitoring of the Police Vehicles at a cost. C/M Hoffman had concerns regarding the feasibility and operation of the monitor and City Manager Kelly said the equipment was remote control for pumping out the gas and how much was being used by the vehicles. C/M Hoffman asked how the Public Works Department would know who was getting fuel and City Manager Kelly said there was an electrical card provided to each vehicle which would indicate who was getting the gas. C/M Stelzer said there was an existing system in the Public Works Department where every car was assigned to a particular lock. He said gas could not be taken from someone else's lock. He said the new equipment would be computerized; however, he was not pleased with the equipment being called "Fleet Maintenance Software". Mayor Abramowitz said he understood that the equipment would assist Fleet Maintenance in monitoring the gas and equipment from being used erratically. City Manager Kelly said the equipment would prevent abuse of the vehicles and the fuel because the monitoring system would assist in reviewing the vehicles and consumption. C/M Stelzer suggested that "Fleet Maintenance Software" be changed to "Gas Monitoring Supply System". He said this equipment had nothing to do with Fleet Maintenance. City Manager Kelly said the fuel and software package was part of Fleet Maintenance. C/M Stelzer asked why a gas monitoring system could not be implemented. * C/M Hoffman MOVED to TABLE Temp. Reso. #5410 for further * investigation, SECONDED by V M Benner. C/M Hoffman said he would like to know if the equipment was needed, what would occur if the City transferred to the Broward Sheriff's Office and how much it cost the City per year for gasoline. Page 17 5/10/89 - Regular VOTE: Mayor Abramowitz - Nay V/M Bender - Aye C/M Hoffman - Aye C/M Rohr - Aye C/M Stelzer - Nay 14. MOTION TO ADOPT Tem. Reso. #5411 authorizing the appro- priate City officials to execute the Sixth Amendment to the Agreement with Broward County providing for the division and distribution of the proceeds of the local option gas tax imposed by the Broward County Local Option Gas Tax Ordinance. SYNOPSIS OF ACTION: RESOLUTION NO. R-89-118 -- PASSED APPROVED. City Attorney Doody read Temp. Reso. #5411 by title. * V/M Bender MOVED to APPROVE Tema_ Reso. #5411, SECONDED by * C/M Hoffman. City Manager Kelly said annually Broward County updated the Interlocal Agreement which provided the population statistics and the distribution of the proceeds from the $.06 option was determined by the statistics. He said this was the Sixth Amendment of the Agreement and the City of Tamarac was termed to be populated at approximately 39,000. He recommended approval of this Item. VOTE: ALL VOTED AYE AGENDIZED BY CONSENT 19. MOTION TO ADOPT Te" mp. Reso. #5412 authorizing the appro- priate City officials to execute a revised Addendum to the Interlocal Assistance Agreement with the City of Lauderhill concerning certain median landscaping on Commercial Boulevard between NW 64 Avenue and University Drive. SYNOPSIS OF ACTION: RESOLUTION NO. R-89-121 - PASSED AGENDIZED by consent on Page 1. APPROVED. City Attorney Doody read Temp. Reso. #5412 by title. * V/M Bender MOVED to APPROVE Tem2." Reso. #5412, SECONDED by * C/M Hoffman. City Manager Kelly said the City Council previously approved the Agreement with an Addendum and the City of Lauderhill wanted additional modifications. He said the City of Lauderhill wanted the Agreement to indicate that Tamarac, not Lauderhill, was agreeing to the installation and maintenance of the landscaping. He said the previous Resolution indicated, "Xeri-Scape" and, because this was not in the Resolution by the City of Lauderhill, they were asking it be deleted. He recommended approval of this Item. Mayor Abramowitz said this project was being done with a shared grant between the Cities of Tamarac and Lauderhill and both Cities would be sharing the responsibilities of the beautification. VOTE: ALL VOTED AYE Page 18 5/10/89 W- Regular 1 With no further business, Mayor Abramowitz ADJOURNED this meeting at 9:00 P.M. N MAN A13RAM70WITZ, MAYOR CA OL A. E ANS, CITY CLERK "This public document was promulgated at a cost of $131.00 or $16.38 per copy to inform the general public, public officers and employees of recent opinions and considerations of the City Council of the City of Tamarac." Page 19 CITY OF lAMARAC APPROVED AT MEETING OF / g9 City Clerk ATTACHMENT #1 C/R'S REPORT 11 5/10 REGULAR MEETING BROV1/ARD COUNTY LEAGUE of CITIES 115 SOUTH ANDREWS AVENUE, ROOM 122 • FORT LAUDERDALE, FLORIDA 33301 • (305) 357.7370 May 5, 1989 MEMORANDUM #34/89 TO: Mayors/City Managers FROM: Walter W. Falck, League Executive Director SUBJECT: Mandates` t� At the May 4, 1989 League Board Meeting we discussed at length the Mandates Project and agreed to designate"THURSDAY, MAY 18, 1989 AS CITY EMPLOYEE SIGN -IN DAY". I Our purpose is to get as i many of our city employees as to do possible who May 18th. have not as yet signed a mandates petition so on I just returned from attending the State League's 1989 Legislative Meeting where the Mandates Project was thoroughly discussed by several members of the Legislature who emphasized over and over again the effect these peitions are having on the Legislators. The point was made that the petitions are doing two things. First, they are keeping our Legislators aware of the project and they fully realize that if we don't get the kind of legislation we need we will be going to a referendum --and they are not anxious that this havens . Secondly, if we need to go the referendum route we will have the necessary petitions t� get the job done. We sincerely hope your City will join in on this special effort scheduled for May 18th. -fit Y run off the forms your City m ce 'll deliver a supply to you. WHILE MAY 18TH IS DESIGNATED AS F ITY EMPLOYEE SIGN -IN DAY" please don't limit this campaign but' t all others possible to sign in since every petition is important the ,success of the project. ' Dear Senator Mack: The Florida Keys and shore oil drilling o Nine oil compani as close as 25 mtl'ff The fragile livi Apr beds cannot wlt " ar decimated by al I urge you to mit,41001' ; extend the curreni' work to obtain perr que and invaluable c Very truly yours, Name: Address: City/State/Zip: .. ATTACHMENT #2 C/R'S REPORT 5/10 REGULAR MEETING threatened by off - as October 1989. Oases, some of them jt$:he Dry Tortugas. 44,and seagrass torts and would be,, icon that would hii' erative that we n for Florida's uni- 15t Postage Required TO: Senator Connie Mack United States Senate Hart Building, Room 902 Washington, D.C. 20510 1 1 G e Syr �d.Ar�►� ' .,.��a/� ..9R-,�, s� d��j /3 "t 7525 N0HTf1%1VE!3T 8bTli ,\hiAFA(,, FLORIDA ;•3321• 2qql v i l Fp1fldk t:an5� >:� )goo August 23, 1989 CERTIFIED MAIL P 855-903-060 E89--207 RETURN RECEIPT REQUESTED Tamarac -- Oxford Limited Partnership 8606 Allisonville Road Indianapolis, Indiana 46250 SUBJECT: Sabal Palm Golf Course Improvements - $20,000 Cash Bond Dear Mr. Stacker: On May 10, 1989, the City Council released $75,296.28 and retained an amount of $20,000 of a Cash Bond by Resolution No: R-89-116. Under the terms of that Resolution, certain items as outlined in thel Memo from Ruth Russo dated February 10, 1989 were to be completed. As of this date, the City of Tamarac has not been notified Of the completion of any of these items. If these items are not complete and satisfactory within sixty (60) days (i.e. by October 23, 1989), the City will use the $20,000 to complete any items incomplete or unsatisfactory of the list outlined in the memo of February 10, 1989. Very truly yours, CITY OF TAMARAC Ro ert J. Foy Director of RKJ:mw Utilities/Engineering Attachment cc -- Mr. John P. Kelly, City Manager Carol A. Evans, City Clerk Richard Doody, City Attorney K. Carpenter -Craft, City Planner Edwin J. ,Stacker, Esquire CERTIFIED MAIL P-855-903_061 RETURN RECEIPT REQUESTED SABAL.PM/IMPROV r U%1Cry /Vra. y TO: Kelly Carpenter-Craft,,Director FROM: Ruth Russo, Landscape & zoning Inspector RE: Inspection of Sabal Palm DATE: February 10, 1989 As of this date Tom Gagnon, Engineering Inspector and myself did a joint inspection of Sabal Palm Country Club Parking Area. The.following is a list of oyr,f'indings. ZONING I. Irrigation system installed without permit. 2. Plan calls for Black Olive Trees on perimeter. Instead bushes have been installed. 3. At entry on Rock Island Rd. one (1) Sabal Palm is dead. 4. Drive into Club House area appears to have been changed. 5• Parking at Clubhouse is undersized and cars are pulling up onto grass to park. 6. Area west of maintenance area is not landscaped or curbed (as shown on plan) and heavy equipment is parked in area to be landscaped. 7. Hedges at perimeter are over 30" allowed by code - need trimming. 8. Some areas adjacent to Clubhouse have not been totally landscaped. 9. Sod and Mulch have not been installed in any area. ENGINEERING I. Two (2) broken sidewalkes at west enterance need replacing. 2. Plug needs to be removed from north catch basin. 3. Need extensions added at fire hydrant. 4. Need to complete paving and curb at building. S. Replace south west handicap ramp. 6. Several areas still are retaining water. RR:ac cc: Robert Foy, City Engineer Master File in G.H. •A.L. I