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HomeMy WebLinkAbout1989-05-24 - City Commission Regular Meeting Minutes01 t L 1 CALL TO ORDER: C RECORD OF COUNCIL ACTIONS/DISCUSSIONS CITY OF TAMARAC CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY, MAY 24, 1989 9 :00 A.M. ANNOUNCEMENT OF TIME ALLOCATIONS - MOTIONS TO TABLE - The Chair at this time will announce those items which have been given a specific time to be heard, and will entertain motions from Council members to table those items which require research. Council may agendize by majority consent matters of an urgent nature which have come to Council's attention after publication. CONSENT AGENDA 1. items listed under Consent Agenda, Item 1, 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. City Clerk a. MOTION TO APPROVE the minutes of the following City Council meetings: 1. 4/26/89 - Regular Meeting 2. 4/28/89 - Special Meeting FINAL ACTION: APPROVED 1. and 2. b. MOTION TO APPROVE renewal of a model sales permit for HIDDEN HARBOUR for a six-month period from 6/24/89 to 12/24/89. FINAL ACTION: APPROVED. C. MOTION TO APPROVE renewal of a model sales permit for BOARDWALK APARTMENTS (CONCORD VILLAGE II) Administrative Facility, Building 10, Unit 8650, for a six-month period from 6/25/89 to 12/25/89. FINAL ACTION: APPROVED. d. MOTION TO ADOPT Temp.Reso. #5425 renewing a waiver to the sign code for a temporary community directional sign on the east side of University Drive opposite NW 78 Street for WOODMONT TRACTS 74/75 for one year from 6/22/89 to 6/22/90. FINAL ACTION: RESOLUTION NO. R-89-122 PASSED. APPROVED. Page 1 05/24/89 1. e. MOTION TO ADOPT Temp. Reso. #5426 approving a one- year extension to the agreement with Bestway Archival Services for storage of the City's vital records at the fees in effect at the present time in lieu of going to bid. e FINAL ACTION: RESOLUTION NO. R-89-123 PASSED. APPROVED. Engineering/Utilities f. 1. MOTION TO ADOPT Temp. Reso. #5413 releasing performance Letter of Credit #3981 in the amount of $21,957.00 posted for paving and drainage at CLAIRMONT, PHASE I, subject to receipt of a one-year warranty bond in the amount of $5,056.41. 2. MOTION TO ADOPT Temp. Reso. #5416 releasing performance Letter of Credit 43968 in the amount of $10,962.50 posted for sidewalks, curbs and gutters at CLAIRMONT, PHASE I, subject to receipt of a one-year warranty bond in the amount of $3,190.63. 3. MOTION TO ADOPT Temp. Reso. #5414 releasing performance Letter of Credit 88632 in the amount of $57,916.25 posted for the water distribution system at CLAIRMONT, FIRST ADDITION, PHASE I, subject to receipt of a one-year warranty bond in the amount of $23,639.00. 4. MOTION TO ADOPT Temp. Reso. #5415 releasing performance Letter of Credit #88631 in the amount of $34,765.00 posted for the sewage collection system at CLAIRMONT, FIRST ADDITION, PHASE I, subject to receipt of a one-year warranty bond in the amount of $8,427.50. FINAL ACTION: APPROVED 1.f.1. RESOLUTION NO. R-89-124 PASSED. APPROVED 1.f.2. RESOLUTION NO. R-89--125 PASSED. APPROVED 1.f.3. RESOLUTION NO. R-89-126 PASSED. APPROVED 1.f.4. RESOLUTION NO. R-89-127 PASSED. g. 1. MOTION TO ADOPT Temp. Reso. #5419 releasing a performance bond in the amount of $46,350.00 posted for public improvements at UNIVERSITY HOSPITAL PAVILION subject to receipt of a one year warranty bond in the amount of $17,887.50. 2. MOTION TO ADOPT Temp.Reso. #5417 accepting a bill of sale offered by TamaracHospital Corporation, Inc., for the water distribution system improvements in connection with the UNIVERSITY HOSPITAL PAVILION project. 3. MOTION TO ADOPT Temp. Reso. #5418 accepting a Tamarac Utilities West Water and Sewer Utility Easement offered by HCA Realty, Inc., and Tamarac Hospital Corporation, Inc., for the UNIVERSITY HOSPITAL PAVILION project. FINAL ACTION: APPROVED 1.g.1. RESOLUTION NO. R-89-128 PASSED. APPROVED 1.g.2. RESOLUTION NO. R-89-129 PASSED. APPROVED 1.g.3. RESOLUTION NO. R-89-130 PASSED. 1 Page 2 05/24/89 1. h. MOTION TO APPROVE reimbursement in the amount of $4,668.30 to Lawrence Crone, President, Bedding Barn, for expenses incurred as a result of having to correct a faulty sewer line. 1 FINAL ACTION: REMOVED then TABLED for more information. Public Works De artment i. MOTION TO APPROVE rejection of all bids received under Bid 89-24 to repair one (1) C-14 canal drainage pump as only one qualified bid was received and to AUTHORIZE rebidding to solicit additional response. FINAL ACTION: APPROVED. CONSIDERATIONS Community Development 2. MOTION TO APPROVE a model sales facility for MISSION LAKES/CORAL CREEK in Units 107 and 108 at 7000 Southgate Boulevard for a six --month period from 5/24/89 to 11/24/89. FINAL ACTION: APPROVED. Finance Department 3. MOTION TO APPROVE transfer of $4,155.00 from General Contingency Account 001-872-588-975 to Special Services Account 001-A79-519-306 to provide funding for lab testing expenses ordered by the engineering consultant related to the environmental impact audit of the Public Works property. FINAL ACTION: APPROVED. 1J*1*1J9k"* by CommunityDevelopment 4, a. MOTION TO ADOPT Tem Reso. #5424 approving a revised plat entitled PATRICIAN PLAT "B" for Classic Commercial Villas, Inc. b. MOTION TO ADOPT Temp. Reso. #5423 approving a site plan and associated documents for CLASSIC COMMERCIAL VILLAS, INC., located at the southwest corner of Commercial Boulevard and NW 47 Terrace. (This item will be heard after the public hearings schedued at 10:00 A.M.) FINAL ACTION: APPROVED 4.a. APPROVED 4.b. RESOLUTION NO. R-89-131 PASSED. RESOLUTION NO. R-89-132 PASSED. Page 3 05/24/89 Finance Department 5. MOTION TO ADOPT Temp. Reso. #5395 accepting the Comprehensive Annual Financial Report for Fiscal. Year 1987/88 (tabled on 4/26/89). FINAL ACTION: RESOLUTION NO. R-89-133 PASSED. APPROVED. General Administrative 6. 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 (tabled on 5/10/89). FINAL ACTION: APPROVED. Police Department RESOLUTION NO. R-89-134 PASSED. 7. MOTION TO ADOPT Temp. Reso. #5427 authorizing the appropriate City officials to execute an agreement with the Police Benevolent Association, the bargaining agent for all Police Lieutenants. FINAL ACTION: TABLED. Public works Department 8. MOTION TO ADOPT Tem . Reso. #5428 awarding Bid #89-20 in the amount of $6,595.00 to Vitale Fireworks Display Co., Inc., to provide fireworks for the City's Fourth of July event. FINAL ACTION: RESOLUTION NO. R-89-135 PASSED. APPROVED. 9. a. MOTION TO ADOPT Temp. Reso. #5429 authorizing the appropriate City officials to execute a lease agreement with Broward County School Board for the use of the Tamarac Elementary School Facilities (four classrooms, cafeteria, stage and restrooms) for City summer recreation program from 6/19/89 to 8/11/89. b. MOTION TO ADOPT Temp. Reso_. #5430 establishing fees for the 1989 Tamarac Summer Recreation Youth Program. C. MOTION TO ADOPT Temp. Reso. #5431 establishing fees and authorizing additional positions for a special half day summer recreation program. FINAL ACTION: 9.a. APPROVED. RESOLUTION NO. R-89-136 PASSED. 9.b. APPROVED. RESOLUTION NO. R-89-137 PASSED. 9.c. APPROVED. RESOLUTION NO. R--89-138 PASSED. 1 1 Page 4 05/24/89 Rev. 5/25/89 I—] PUBLIC HEARINGS - 10;00 A.M. Community Develo mcnt 10. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #5420 concerning a request by JEFFREY BERKOWITZ, Trustee, for special exception to permit a gasoline service station on the northeast corner of Commercial Boulevard and NW 88 Avenue, which is zoned B-2 (Planned Business). Petition #10--Z-89. FINAL ACTION: RESOLUTION NO. R-89-139 PASSED. Public Hearing was held. APPROVED. 11. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #5421 concerning a request by PIZZA HUT OF TITUSVILLE for special exception to allow cooking on -premises for home delivery and carry -out pizza at 7110 N. University Drive in the FAMILY MART SHOPPING CENTER, which is zoned B-2 (Planned Business). Petition #11-Z-89. FINAL ACTION: RESOLUTION NO. R-89-140 PASSED. Public Hearing was held. APPROVED with the following conditions: 1. No alcoholic beverages shall be sold at this location. 2. Daily outside cleanup and trash removal will be accomplised by applicant. 3. Hours of operation will not exceed the following: Sunday through Thursday: 11:00 a.m. to 11:00 p.m. Friday and Saturday: 11:00 a.m. to 1:00 a.m. 12. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #5422 concerning a request Sy CLASSIC COMMERCIAL VILLAS, INC., for limited parking waiver to permit (1) a 930 foot parking aisle in lieu of the required 350-foot maximum length, and (2) a parking ratio of one space per 230 square feet in lieu of the required one parking space per 200 square feet of building on those lands at the southwest corner of Commercial Boulevard and NW 47 Terrace. Petition #13-Z-89. FINAL ACTION: RESOLUTION NO. R-89-141 PASSED. Pu lic Hearing was held. APPROVED. ORDINANCES PUBLIC HEARINGS - 10:00 A.M. Community Development 13. a. MOTION TO ACCEPT Affidavits of Publication, Mailing and Pouting for Tem . Ord. #1437. Petition #12-Z-89. Page 5 05/24/89 13. b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1437 on first reading concerning a request by ALL SAINTS LUTHERAN CHURCH to rezone lands at 7875 W. McNab Road from, B-6 (Business District) to I-1 (Institutional). Petition #12-Z-89. FINAL ACTION: 13.a. APPROVED. Public Hearing was held. 13.b. APPROVED on first reading. Second reading and public hearing will be held on Wednesday, June 14, 1989 at or after 7:30 p.m. OPEN PUBLIC FORUM 14. 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. REPORTS 15. City Council 16. City Manager 17. City Attorney General Administration 18. MOTION TO ADOPT Temp. Reso. #5432 authorizing the appropriate City officials to execute a Grant Agreement with the Florida Department of Natural Resources concerning a grant in the amount of $250,000 for the Multi -Purpose Center. FINAL ACTION: APPROVED. RESOLUTION NO. R-89-142 PASSED. 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 266.0105, 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. Evan: Cite Clerk Pagc 6 05/24/89 L� 1 CITY OF TAMARAC CITY COUNCIL REGULAR MEETING WEDNESDAY, MAY 24, 1989 CALL TO ORDER: Mayor Abramowitz called this meeting to Order on Wednesday, May 24, 1989 at 9:00 A.M. in the Council Chambers. MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Abramowitz called for the Pledge of Allegiance -followed by a Moment of Silent Meditation. PRESENT: Mayor Norman Abramowitz Vice Mayor Dr. H. Larry Bender Councilman Bruce Hoffman Councilman Henry Rohr Councilman Jack Stelzer ALSO PRESENT: John P. Kelly, City Manager Richard Doody, City Attorney Carol A. Evans, City Clerk Pauline Walaszek, Special services Secretary CONSENT AGENDA 1. h. MOTION TO APPROVE reimbursement in the amount of $4,668.30 to Lawrence Crone, President, Bedding Barn, for expenses incurred as a result of having to correct a faulty sewer line. SYNOPSIS OF ACTION: REMOVED for separate discussion. (SEE PAGE5f r further action) * C/M Hoffman MOVED to REMOVE Consent Agenda Item 1 h., for * separate discussion, SECONDED by V/M Bender. VOTE: ALL VOTED AYE CONSENT AGENDA - ITEM 1, a. through h. City Clerk 1. a. MOTION TO APPROVE the minutes of the following City Council —meetings: 1. 4/26/89 - Regular Meeting 2. 4/28/89 - Special Meeting SYNOPSIS OF ACTION: APPROVED. b. MOTION TO APPROVE renewal of a model sales permit for HIDDEN HARBOUR for a six --month period from 6/24/89 to 12/24/89. SYNOPSIS OF ACTION: APPROVED. c. MOTION TO APPROVE renewal of a model sales permit for BOARDWALK APARTMENTS (CONCORD VILLAGE II) Administrative Facility, Building 10, Unit 8650, for a six-month period from 6/25/89 to 12/25/89. Page 1 5/24/89 SYNOPSIS OF ACTION: APPROVED. d. MOTION TO ADOPT Temp. Reso. #5425 renewing a waiver Co the sign code —forma temporary community directional sign on the east side of University Drive opposite NW 78 Street for WOODMONT TRACTS 74/75 for one year from 6/22/89 to 6/22/90. SYNOPSIS OF ACTION: APPROVED. e. MOTION TO ADOPT Temp. year extension to the Services for storage fees in effect at the SYNOPSIS OF ACTION: APPROVED. Engineering/Utilities RESOLUTION NO. R-89-122 - PASSED Reso. #5426 approving a one - agreement with Bestway Archival of the City's vital records at the present time in lieu of going to bid. RESOLUTION NO. R-89-123 - PASSED f. 1. MOTION TO ADOPT Temp.Reso. #5413 releasing performance Letter Credit #3981 in the amount of $21,957.00 posted for paving and drainage at CLAIRMONT, PHASE I, subject to receipt of a one-year warranty bond in the amount of $5,056.41. 2. MOTION TO ADOPT Temp. Reso. #5416 releasing performance Letter of Credit #3988 in the amount of $10,962.50 posted for sidewalks, curbs and gutters at CLAIRMONT, PHASE I, subject to receipt of a one- year warranty bond in the amount of $3,190.63. 3. MOTION TO ADOPT Temp. Reso. #5414 releasing performance Letter of Credit #88632 in the amount of $57,916.25 posted for the water distribution system at CLAIRMONT, FIRST ADDITION, PHASE I, subject to receipt of a one-year warranty bond in the amount of $23,639.00. 4. MOTION TO ADOPTTemp. Reso. Reso. #5415 releasing performance Letter of Credit $8631 in the amount of $34,765.00 posted for the sewage collection system at CLAIRMONT, FIRST ADDITION, PHASE I, subject to receipt of a one --year warranty bond in the amount of $8,427.50. SYNOPSIS OF ACTION: APPROVED 1, 2, 3 and 4. RESOLUTION NO. R-89-124.- PASSED RESOLUTION NO. R-89-125 - PASSED RESOLUTION NO. R-89-126 - PASSED RESOLUTION NO. R-89-127 - PASSED g. 1. MOTION TO ADOPT Temp. Reso. #5419 releasing a performance bond in the amount o $46,350.00 posted for public improvements at UNIVERSITY HOSPITAL PAVILION subject to receipt of a one-year warranty bond in the amount of $17,887.50. 2. MOTION TO ADOPT Ten. Reso. #5417 accepting a bill of sale offered by Tamarac Hospital Corporation, Inc., for the water distribution system improvements in connection with the UNIVERSITY HOSPITAL PAVILION project. 1 1 1 Page 2 5/24/89 3. MOTION TO ADOPT Tem2. Reso. #5418 accepting a Tamarac Utilities West Water and Sewer Utility Ease- ment offered by HCA Realty, Int., and Tamarac Hospital Corporation, Inc., for the UNIVERSITY HOSPITAL PAVILION project. SYNOPSIS OF ACTION: RESOLUTION NO. R-89-128 - PASSED APPROVED 1, 2 and 3. RESOLUTION NO. R-89-129 - PASSED RESOLUTION NO. R-89-130 - PASSED h. MOTION TO APPROVE reimbursement in the amount of $4,668.30 to Lawrence Crone, President, Bedding Barn, for expenses incurred as a result of having to correct a faulty sewer line. SYNOPSIS OF ACTION: REMOVED for separate discussion on Page 1. TABLED for more information. Public Works Department i. MOTION TO APPROVE rejection of all bids received under B d #89-24 to repair one (1) C-14 canal drainage pump as only one qualified bid was received and to AUTHORIZE rebidding to solicit additional response. SYNOPSIS OF ACTION: APPROVED. * V/M Bender MOVED to APPROVE Consent Agenda, Item 1, a. through i., with the exception of h., SECONDED by C/M Hoffman. VOTE: ALL VOTED AYE h. MOTION TO APPROVE reimbursement in the amount of $4,668.30 to Lawrence Crone, President, Bedding Barn, for expenses incurred as a result of having to correct a faulty sewer line. SYNOPSIS OF ACTION: REMOVED for separate discussion on Page 1. TABLED for more information. * V/M Bender MOVED to APPROVE this Item, SECONDED by C/M Hoffman. C/M Hoffman said in December, 1986, the City billed FP&L $98.40 for repair on something FP&L did not do correctly. He said in May, 1989, the City informed FP&L that they were responsible for the damage and the City was responsible for paying $4,668.30. He asked how this matter occurred and why the repair was increased to $4,688.30. Bob Foy, Director of Utilities/Engineering, said Bedding Barn installed a sanitary sewer and submitted a one-year warranty bond to the City. He said during the one-year period FP&L buried a cable in the area and cut into the sewer. He said the Engineering/Utilities Department made the repairs for less than $100.00; however, FP&L had not finished laying the lines. He said when the warranty bond was about to expire, Bedding Barn had the area inspected and a defect was found where the repairs were done. He said the City indicated that Bedding Barn had to repair the sewer line, which they did. He said after the sewer line was fixed, Bedding Barn realized that it was the same area repaired by the City. Page 3 5/24/89 Mr. Foy said Bedding Barn informed the City that FP&L stated that it was the City's responsibility to repair the area. He said the City inspecteC the repair and found that after the City made the repair, FP&L continued to install their cables on the sewer line which settled the piping. He said the City felt that it was FP&L's responsibility to pay for the repair; however, the City had some responsibility to repay Bedding Barn for insisting that they fix the repair. He said the City would be contacting FP&L to reimburse the City for the cost of the repair. C/M Hoffman suggested that the City wait until the funds were received from FP&L before reimbursing Bedding Barn. He said the City should not expend the funds if it was FP&L's responsibility. Mr. Foy said the City brought Bedding Barn into the matter and forced them to make the repairs when the City should have gone to FP&L from the beginning. C/M Rohr asked when Mr. Foy requested FP&L pay the repair costs and Mr. Foy said within the last month. C/M Rohr asked if FP&L responded and Mr. Foy replied, no. Mayor Abramowitz asked City Attorney Doody if there could be problems if the City waited to reimburse Bedding Barn. City Attorney Doody said he felt that FP&L would not approve being responsible; however, staff indicated that it was the City's responsibility to reimburse Bedding Barn. He said Bedding Barn may be disappointed in not receiving their reimbursement immediately and, if the City moved quickly in resolving this matter, there should be no problems in the future. City Manager Kelly said he was concerned because Bedding Barn was not responsible for the matter and should get the money back. He said the matter was between FP&L and the City and Bedding Barn should not be responsible. * C/M Hoffman MOVED to TABLE this Item until further information * was received, SECONDED by V/M Bender. VOTE: Mayor Abramowitz - Aye V/M Bender Aye C/M Hoffman - Aye C/M Rohr - Nay C/M Stelzer - Aye CONSIDERATIONS Community Development 2. MOTION TO APPROVE a model sales facility for MISSION LAKES CORAL CREEK in Units 107 and 108 at 7000 Southgate Boulevard for six-month period from 5/24/89 to 11/24/89. SYNOPSIS OF ACTION: APPROVED. * V/M Bender MOVED to APPROVE this Item, SECONDED by C/M Hoffman. Kelly Carpenter -Craft, City Planner, said Icon Development provided the berm and landscaping on the Page 4 5/24/89 south side of the development to protect the neighborhood on the south. She recommended approval of this Item. Mayor Abramowitz said there were concerns by the neighbors in the area and he asked if the Developer addressed those concerns. Mrs. Carpenter -Craft said the Developer completed what was agreed upon and exceeded the requirements of the Code. VOTE: ALL VOTED AYE Finance Department 3. MOTION TO APPROVE transfer of $4,155.00 from General Contingency Account 001-872-588-975 to Special Services Account 001-A79-519-306 to provide funding for lab testing expenses ordered by the engineering consultant related to the environmental impact audit of the Public Works property. SYNOPSIS OF ACTION: APPROVED. * V/M Bender MOVED to APPROVE this Item, SECONDED by C/M Hoffman. City Manager Kelly said this transfer was needed for the environmental impact audit of the Public Works property. He said the engineering consultant recommended the lab testing in the amount of $4,155.00 and he recommended approval. VOTE: ALL VOTED AYE Finance Department 5. MOTION TO ADOPT Temp. Reso. n #5395 accepting the Comprehensave Annual Financial Report for Fiscal Year 1987/88 (tabled on 4/26/89). SYNOPSIS OF ACTION: RESOLUTION NO. R-89-133 - PASSED APPROVED. City Attorney Doody read Temp. Reso. #5395 by title. * C/M Hoffman MOVED to APPROVE Temp. Reso. #5395, SECONDED by * V/M Bender. C/M Hoffman asked why this Item was Tabled at the April 26, 1989 City Council, meeting. City Manager Kelly said this Item was Tabled because the Open Public Forum and Reports took longer than expected and Stan Brooks, Representative of Touche Ross/Auditor, could not remain at the meeting for the Item. He said he requested the Item be Tabled until Mr. Brooks could be present in case the City Council had any questions. VOTE: ALL VOTED AYE General Administrative 6. MOTION TO ADOPT Temp. Reso. #5410 awarding Bid #89--14 to Gasboy/William M. WlRelson'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 (tabled on 5/10/89). Page 5 5/24/89 SYNOPSIS OF ACTION: RESOLUTION NO. R-89-134 - PASSED APPROVED. City Attorney Doody read Temp. Reso. #5410 by title. * C/M Rohr MOVED to APPROVE Temp. Reso. #5410, SECONDED by * V/M Bender. City Manager Kelly said there were questions about this Item at the May 10, 1989 City Council meeting. He said one of the questions was, "how much gasoline was used" and, last year, over 136,000 gallons and approximately 75,000 was used by the Police Department. He said the software would help to monitor the usage of gasoline and he recommended that the Item be approved contingent upon further negotiations with the Broward Sheriff's Office. VOTE: Police Department ALL VOTED AYE 7. MOTION TO ADOPT Temp. Reso. #5427 authorizing the appropriate City officials~to execute an agreement with the Police Benevolent Association, the bargaining agent for all Police Lieutenants. SYNOPSIS OF ACTION: TABLED. City Attorney Doody read Temp. Reso. #5427 by title. City Attorney Doody recommended that this Item be Tabled until the Agreement could be reviewed. * V/M Bender MOVED to TABLE * C/M Hoffman. VOTE: Public Works Department Temp. Reso. #5427, SECONDED by ALL VOTED AYE 8. MOTION TO ADOPT Temp. Reso. #5428 awarding Bid #89-20 in the amount of 6,595.00 to V� ale Fireworks Display Co., Inc., to provide fireworks for the City's Fourth of July event. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-89-135 -- PASSED City Attorney Doody read Temp. Reso. #5428 by title. * C/M Rohr MOVED to APPROVE Temp. Reso. #5428, SECONDED by * C/M Hoffman. C/M Stelzer asked if there was anyone subsidizing the fireworks display this year. Mike Couzzo, Director of Public Works/Parks and Recreation, said Ambassador Bank would be making a presentation to the City Council to assist the City in subsidizing some of the costs for the fireworks display. C/M Rohr asked how much was subsidized last year and Mr. Couzzo said approximately $2,500.00. 1 Page 6 5/24/89 1 Mayor Abramowitz said last year 10 minutes worth of fireworks was destroyed and he asked if Vitale would add more fireworks this year. Mr. Couzzo said Vitale indicated that the error of last year would be amended this year. VOTE: ALL VOTED AYE 9. a. MOTION TO ADOPT Temp. Reso. #5429 authorizing the appropriate C City' to execute a lease agreement with Broward County School Board for the use of Tamarac Elementary School Facilities (four classrooms, cafeteria, stage and restrooms) for City summer recreation program from 6/19/89 to 8/11/89. b. MOTION TO ADOPT Temp. Reso. #5430 establishing fees for the 1989 Tamarac Summer Recreation Youth Program. c. MOTION TO ADOPT Temp. Reso. #5431 establishing eees anUauthorizing add ionaI—positions for a special half day summer recreation program. SYNOPSIS OF ACTION: RESOLUTION NO. R-89-136 - PASSED APPROVED a., b. and c. RESOLUTION NO. R-89-137 - PASSED DIRECTED staff to submit a RESOLUTION NO. R-89-138 - PASSED report regarding the costs of the program at the end of the summer. City Attorney Doody read Temp. Reso. #5429 by title. a. C/M Rohr MOVED to APPROVE Temp. Reso. #5429, SECONDED by C/M Hoffman. Mike Couzzo, Director of Public Works/Parks and Recreation, said this was a standard lease agreement to utilize the Tamarac Elementary School facility during the summer program. He said this agreement allowed space in the Tamarac Elementary School because there was not enough space at the Tamarac Park Recreation Building for the Summer Program. He said there was no charge to the City for the use of this space. C/M Stelzer asked if the School was given a Hold Harmless Agreement and Mr. Couzzo said the School retained the lease and the City was insured to cover any accidents. VnTF- ALL VOTED AYE City Attorney Doody read Temp. Reso. #5430 by title. b. C/M Hoffman MOVED to APPROVE Temp. Reso. #5430, SECONDED by V/M Bender. Mr. Couzzo said the funds for this project were anticipated in the preparation of last years Budget and the funds were required to be approved by the City Council by Resolution for this year. Mayor Abramowitz asked if the funds were enough for the program and Mr. Couzzo said there may be enough funds for the program. Mayor Abramowitz asked the City Manager to submit a revised fee schedule for these programs in advance of Page 7 5/24/89 next year's programs and Mr. Couzzo said the projected Budget for next year indicated a raise in the fee schedule. VOTE: ALL VOTED AYE City Attorney Doody read Temp. Reso. #5431 by title. * c. C/M Rohr MOVED to APPROVE Temp. Reso. V/M Bender. #5431, SECONDED by * Mr. Couzzo said this was a response to a letter submitted by William Bell, Principal of Tamarac Elementary School, dated April 10, 1989. He said Tamarac Elementary School would be providing a special half -day educational summer school program for their students. He said Mr. Bell requested that the City consider having a specialized program for the children in the afternoon. He said the Proposed fee for the program would offset any costs that the program would incur. Mayor Abramowitz said the City has received tremendous cooperation from Mr. Bell and this was being requested because the children needed the program. VOTE: ALL VOTED AYE C/M Stelzer requested that the cost of the program be submitted to the City Council at the end of the summer indicating that the program was self -supportive. City Manager Kelly said there would be additional personnel needed; however, the personnel would not go over the Budget because, when the cap was reached, the personnel would be required to punch out. He said the program was covered by the existing monies and the monies of the revenue it would cover. C/M Stelzer said self-supporting meant that the money generated from the program would cover the costs incurred by the program. Mr. Couzzo said this Item would be self-supporting; however, the entire program was not self-supporting and never has been. C/M Rohr said a report regarding the costs of the program should be submitted to the City Council at the end of the summer and all agreed. 18. MOTION TO ADOPT Temp., Reso. #5432 authorizing the appropriate C ty__0fczals to execute a Grant Agreement with the Florida Department of Natural Resources concerning a grant in the amount of $250,000.00 for the Multi -Purpose Center. SYNOPSIS OF ACTION: RESOLUTION NO. R-89-142 - PASSED APPROVED. City Attorney Doody read Temp. Reso. #5432 by title. * C/M Hoffman MOVED to APPROVE Temp. Reso. #5432, SECONDED by V/M Bender. City Manager Kelly said this Grant was allocated to the City last year for the Multi -Purpose Center. He said the Contract was submitted by the Florida Department of 1 1 I Page 8 5/24/89 I C Natural Resources and the City Council's approval was needed so that the Contract could bersigned and submitted in order to receive the funds. Mayor Abramowitz said several people asked him why it was taking so long for construction to begin on the Multi -Purpose Building. He said the documentation needed for the project was very difficult to obtain and it was not the fault of the City. VOTE: OPEN PUBLIC FORUM 14. OPEN PUBLIC FORUM ALL VOTED AYE Melanie Reynolds, Resident of Sands Point, said she read that Mayor Abramowitz was concerned about protecting the City Manager because the City Manager was too busy to attend to every detail in the City. She asked if the City Manager was too busy to attend to details because the City Council was not doing it's job. Mrs. Reynolds said the City Council always interviewed the Accounting Firms when it was time to change Auditors; however, the City Council refused to do it this year and designated a Selection Committee to do it. She said the Selection Committee consisted of Bob Hoyt, Finance Department, Ken Burroughs, Finance Director and Dina McDermott, Assistant to the City Manager. She said it was a conflict of interest in having the Finance Department involved and Dina McDermott was unable to assist the City Manager by attending the meetings. Mrs. Reynolds said at the end of interviewing, the Firm of Arthur Young was asked who the Firm wanted as the City's contact. She said the Firm indicated that the City Council should be the contact and one of the employees exploded and stated that this would not occur in Tamarac. Mrs. Reynolds said it was apparent that the Mayor had no credibility because the Committee would not report to the City Council but to the City Manager who would relay it to the City Council. She said this was an embarrassing situation because the City Council was acknowledged as the head of Government. She said the City Council turned over it's authority and duties to the City Manager which was why the City Manager was always busy. Mrs. Reynolds said the City Manager should not have accepted the responsibilities; however, no one directed him not to. She said the City Manager has taken over the Mayor's domain and she was humiliated. REPORTS 15. CITY COUNCIL REPORTS C/M Stelzer said this year was the first time that the Select a Committee for an Auditing Firm was appointed and this should have been done in the previous years. He said he challenged the City Council to know what to look for in an Auditor. He said the City staff consisted of professionals that worked very closely with the Auditors and they should be permitted to select the most qualified Auditing Firm for the City's auditing business. He said Page 9 5/24/89 TAPE 2 the Selection Committee would be making a recommendation to the City Council by ranking what Auditing Firm should be selected. He said he approved offthe Selection Committee and it should be done in the future. C/M Rohr read a letter submitted by Tom Gustafson, State Representative, regarding Child Crime. (SEE ATTACHMENT) C/M Rohr suggested that the City Council show a consensus for having a Resolution prepared indicating their support for this concern. C/M Hoffman asked what C/M Rohr wanted the City Council to approve and C/M Rohr said he would lake a Resolution approved by the City Council supporting Mr. Gustafson's proposal for a program in child crime prevention. Mayor Abramowitz suggested that copies of the letter be sent to the City Council for review and C/M Rohr said the City Council did have copies of this letter. Mayor Abramowitz said he would like to review this information further. C/M Rohr said the City Council received information from the Broward League of Cities every week regarding legislation being proposed. He said Dina McDermott, Assistant to the City Manager, has been informing the Broward League of Cities of the City's interest in supporting specific Items. He said Mrs. McDermott has been doing a very good job. C/M Hoffman said the new Sign Ordinance would be reviewed by the Planning Commission at 2:00 P.M. today in Conference Room #1 (103) before it was presented to the City Council for review. ** EDITOR'S NOTE: There will be a continued Workshop meeting of the Planning Commission on Wednesday, June 7, 1989, in Conference Room #1 to complete the review of the new Sign Ordinance. V/M Bender reported that the FP&L 500,000 volt transmission power was scheduled to be installed in the western side of the City running north and south. He said this morning an Article in the Fort Lauderdale News/Sun Sentinel indicated that FP&L was considering the powerline further west and away from Tamarac; however, FP&L attended a meeting of the Presidents Council on May 16, 1989, and indicated that there would be a sub -station erected at the southwest end of the City. He said there would be two 500,000 volt transmission lines which would enter the City from the northwest corner of the City, travel south to Commercial Boulevard to the sub -station. He said the City objecting to the installation of this sub --station. Mayor Abramowitz -- No Report. 16. CITY MANAGER REPORT City Manager Kelp said there was an upcoming population census and the City was invited to participate in the census by setting up a Committee to make sure there was a complete count. He said it was important that the Page 10 5/24/89 citizens responded to the census and a full report would be submitted to the City Council when it was complete. C/M Rohr asked City Manager Kelly to report on the Recycling Program because the Bids were opened on May 15, 1999. City Manager Kelly said three Bids were received and the lowest Bidder was Southern Sanitation. He said a Grant in the amount of approximately $396,000 was expected; however, after reviewing the Bid proposals, the Managers felt that the three Bidders should be invited back to include in their proposals the Grant monies. He said up to $285,000.00 of the Grant could be used to purchase capital equipment and the Managers wanted the proposals to indicate a cost in the Cities leasing the equipment to the companies. He said this information was sent to the three Bidders and the proposals were expected within the next two weeks at which time the proposals would be reviewed. He said when the proposals were reviewed, the City Council would be advised. C/M Rohr suggested that a Workshop meeting be called to discuss the final proposals and Mayor Abramowitz asked the City Manager to schedule a Workshop meeting when the proposals were ready for review. C/M Stelzer suggested City Manager Kelly meet with the President of the Presidents Council to receive a directory of each Section in the City. C/M Hoffman said the Government sent in people who traveled door to door for information and Mayor Abramowitz said if the residents did not participate in the census, they would be contributing in the loss of the Revenue Sharing Funds. Mayor Abramowitz said the residents should be informed how important it was to inform the City, County and State of their existence in the City. 17. CITY ATTORNEY REPORT - No Report. Mary Seidel, Resident, asked when the census would be conducted and if the City took into consideration that there were residents who lived in the City at certain times of the year. C/M Hoffman said the census was taken by the Federal Government and the procedures would be done as the Federal Government sees fit. At 9:55 A.M., Mayor Abramowitz RECESSED this meeting and RECONVENED at 10:05 A.M. with ALL PRESENT. PUBLIC HEARING - 10:00 A.M. Community Development 10. PUBLIC HEARING - MOTION TO ADOPT Tema. Reso. #5420 concerning a ra request by JEFFREY BERKOWITZ, Trustee, for special exception to permit a gasoline service station on the northeast corner of Commercial Boulevard and NW 88 Avenue, which is zoned B-2 (Planned Business). Petition #10--Z--89. SYNOPSIS OF ACTION: RESOLUTION NO. R-89-139 - PASSED Public Heari g was held. APPROVED. Page 11 5/24/89 City Attorney Doody read Te� mp. Reso. #5420 by title. * V/M Bender MOVED to APPROVE Temp. Reso. #5420, SECONDED by * C/M Hoffman. Kelly Carpenter -Craft, City Planner, said this request was for a special exception to permit a gas station at the northeast corner of Commercial Boulevard and NW 88 Avenue which was the current City Public Works Facility. She said the Tamarac Land Use Plan designated this parcel as Commercial and the property was currently zoned B-2 (Planned Business). She said the Zoning Code allowed gasoline stations as a special exception in the B-2 Zoning District. She said the current surrounding property was zoned as follows: North - B-1 (Neighborhood Business) South - C-3 (Business District) - Lauderhill East - B-2 (Planned Community Business) West B-2 (Planned Community Business) Mrs. Carpenter -Craft said the west had an existing Shell Gas Station. She said the site contained 43,750 square feet which was over 1-acre and the parcel was being purchased by the Petitioner. She said as a condition of sale, the City indicated that they would consider permitting a gas station at this location. She said the proposed location was outside any wellfield protection zone and the City Code did not contain any criteria setting conditions by a special exception for a gas station. She said a concept site plan was available; however, a formal site plan would be processed at a later date. She said the Planning Commission approved the request on May 3, 1989, and staff recommended approval. Mayor Abramowitz Opened the Public Hearing. Vickie Beech, Resident, said she read the contract involved in implementing the gas station. She had concerns about the property not being sold to the Petitioner and the Petitioner coming before the City Council requesting a special exception. She said there were two gas stations in the area and the criteria set for the gas station presently in the City was extreme and rigid. She said the City seemed to be abrogating all its rights as per the Contract. Mrs. Beech said Mayor Abramowitz stated that he was very concerned about the appearance of the City. She said she was concerned about the City's appearance and it seemed the City would end up being a gasoline alley. She said another proposed gas station was recently approved at the Planning Commission meeting for 94 Avenue and Commercial Boulevard. Mrs. Beech was concerned that this property was near the wellfields and she did not feel that there was a guarantee that there could not be any contamination from a gas station. She said the City should be protected and the services of the Attorney who negotiated this Contract should be hired by the City. Mayor Abramowitz said each Article in the Contract was reviewed by the City Council and the fault should be on the City Council as opposed to the Attorneys. He said Page 12 5/24/89 the City Council was obligated to the City for keeping a good quality of life in the City. Mayor Abramowitz said he reviewed the Contract and the property was at the southern most portion of the City. He said the City did not have the responsibility for issuing the permit for the gas station; however, the City Council was responsible in granting a it exception. He said the Regulatory Agencies and Broward County reviewed the site plan to see if it was appropriate and permissible. Mayor Abramowitz said he received calls every day regarding business developments coming into the City and he informed the callers that the matter had to be reviewed by staff. He said the property was advertised and there were very few interested parties. He said this Petitioner was able to buy and develop the land and the Petitioner informed the City from the beginning of his plans. Mrs. Beech said this type of action was considered contract zoning and Mayor Abramowitz said this was not contract zoning. Mayor Abramowitz said he shared Mrs. Beech's concern about the quality of life in the City; however, there were.. exceptions and the entire matter had to be reviewed. He said it seemed that this request was beneficial to the City. Anthony Silvestri, Resident, the residents should be aware that the area being considered was within 1-mile of the wellfield area. He said he spent three months working on the Comprehensive Plan and the area was in the wellfield area regardless of what the County indicated. He said the tanks would have to be moved at least 100-feet off of the main stream before a permit was given, which would bring the proposed development closer to the well areas. Mr. Silvestri said the City lost a lot of money to correct the problem with Midway Plaza and he suggested that the City Council deny this request to avoid these types of problems in the future. He said he asked for the documents of the County indicating approval of this request indicating that it would not be detrimental to the wellfield area. Melanie Reynolds, Resident, said there was a leakage from the Public works Department that had to be cleaned up before the property was developed. She asked how long it would be before the leakage was corrected. She said she received a letter from the Environmental Quality Control Board stating the problems at great length. City Manager Kelly said there was a very small area needing to be cleaned and the Environmental Quality Control Board and Environmental Regulation Department informed the City that the problem could be corrected for a specific amount of money. Mrs. Reynolds said that this type of Contract was contract zoning and the City Council should not allow it. Emil Beutner, Resident, said the City fought Texaco from placing a gas station near Section 12. He said it would Page 13 5/24/89 not benefit the City in having a gas station in the area and he suggested the City Council reconsider this request before acting upon it. Anthony Grimaldi, Resident, said he opposed this request at the Planning Commission meeting because of the cost it would take to maintain a gas station. He said a recent newspaper Article indicated that C/M Hoffman stated that another gas station was needed in the area because there were two other gas stations in the area. Mr. Grimaldi said denying repayment to Bedding Barn was not appropriate because the City made a commitment to repay the money and Mayor Abramowitz said this Item was not being discussed at this time. Mr. Grimaldi said the residents had the right to express their concerns on this matter and the Petitioner should not be allowed to place a gas station on this property. He had concerns that this Petitioner was the same person causing a turmoil in Kendall, Florida, by proposing 10 auto dealerships. He asked who the Petitioner actually represented. Harold Newman, Resident, said approving this request may set a precedent in the future for granting special exceptions to developers that did not legally own the land. He asked if the City Council could grant a special exception to a developer that did not own the property being requested. Mayor Abramowitz Closed the Public Hearing with no further response. C/M Hoffman asked City Attorney Doody if the City Council could grant a special exception on property that was being sold to a developer. City Attorney Doody said most of the zonings in the County were Contract Vendees. He said the owner of the property had to sign the application and the Letter of Credit was with the Escrow Agent and was posted. City Manager Kelly said the Contract was not contract zoning and was not in the wellfield protection area as defined by the Broward County Wellfield Protection Agency. He said the City staff was not given any concessions regarding any influence of contamination in the wellfield area. C/M Hoffman said there has been a lot of legal advice given to the City Council; however, the only legal advice the City Council should abide by was from the City Attorney. He said if there was any damage that could be done to the wellfields, the Environmental Quality Control Board would not issue a permit to the Petitioner for a gas station. He said the City Council was only informing the County at this time that a gas station could be built on the property providing everything was according to Code. C/M Hoffman said the residents living at Section 12 would be the only people affected by this request and he has not received one call from the residents of Section 12 objecting to the request. He said he spoke with residents of Section 12 who indicated that they were pleased to have anything on the property compared to what was presently there. He said the Public Works Department Page 14 5/24/89 on the property was an eyesore and a well planned and landscaped gasoline station on the corner could improve the entire area. C/M Hoffman said he was quoted by an Article in the newspaper and the Article was out of context. He said he did not say "we would not have an objection" but "T would have no objection". He said the discussion he had with the newspaper reporter took about 20 minutes; however, the reporter chose to print one small section of the conversation. C/M Hoffman said he informed the reporter that he believed this request would be an improvement in the area and, since there were two gas stations in the area, he saw no objection to another one. He said the objections were coming from business people who feared the competition and it was not relevant to what the City Council had to do for the best interest of the City. C/M Rohr said the southwest corner gas station was not the City of Tamarac and he could not see situations occurring when properties bounded each other. He said he would like the land sold and he approved of the request. Mayor Abramowitz asked why documentation was not received from the Regulatory Agencies and Broward County. Mrs. Carpenter -Craft said the City Council was required to act upon the request before the Petitioner could apply to the County. Mayor Abramowitz asked if the approval by the City Council would be null and void if the County denied the permit. Mrs. Carpenter -Craft said the gas station could not be built without a permit; however, at the location it was likely that a permit would be issued because it was outside the wellfield protection zone providing additional safeguards were taken by the Petitioner. Mrs. Beech asked if the City could issue additional restrictions in the Deed and City Attorney Doody said there was a limit to the power of the City. He said the safety precautions had to be requested by the Environmental Quality Control Board and not the City. Mayor Abramowitz said he was offended by people indicating that he was not doing his job because he was providing competition. He said the City Council was responsible for acting in the best interest of the City whether people agreed or not. Mrs. Beech said there were problems in the Government because of double talk and the residents were able to come to the City Council and inform them of past experiences in the City. She said there has been several matters done in haste in the City that will create problems in the future. Mayor Abramowitz said the residents who wanted respect should in turn respect the City Council. He said the City Council was not perfect; however, the City Council reviewed the Contract several times and felt that this was in the best interest of the City. Page 15 5/24/89 TAPE 3 VOTE: ALi, VOTED AYE 11. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #5421 concerning a request request by PIZZA HUT OF TITUSVILLE for special exception to allow cooking on -premises for home delivery and carry -out pizza at 7110 N. University Drive in the FAMILY MART SHOPPING CENTER, which is zoned B-2 (Planned Business). Petition #11-Z--89. SYNOPSIS OF ACTION: RESOLUTION NO. R-89-140 - PASSED Public Hea g'�was held. APPROVED. City Attorney Doody read Temp. Reso. #5421 by title. * V/M Bender MOVED to APPROVE Temp. Reso. #5421, SECONDED by * C/M Hoffman. Kelly Carpenter -Craft, City Planner, said this request was for a special exception to cook on the premises for home delivery and carry -out pizza. She said the parcel was designated Commercial on the City's Land Use Plan and currently zoned B-2 (Planned Business). She said the Zoning Code allowed take-out food facilities as a special exception in the B-2 use. She said the surrounding properties were zoned as follows: North - B-2 (Planned Business) South - B-3 (General Business) B-2 (Planned Business) B-6 (Business District) East - R-4A (Planned Apartments) West - B-1 (Neighborhood Business) B-6 (Business District) Mrs. Carpenter -Craft said one Bay would be leased at approximately 16,OOO square feet of the Shopping Center. She said the Shopping Center was 68,000 square feet. She said the conditions under which a special exception for take out food facilities may be granted are the following: 1) The structure containing the establishment shall be 100-feet from the nearest residential property line. She said the proposed location was more than 100-feet from any residential property line. 2) The applicant must have an approved method of waste. collection and the Petitioner entered into a Contract with Industrial Waste Service Inc., for collection 6 days per week. 3) A Plan for control, reduction or elimination of offensive odors was required and the Petitioner had a plan for the reduction and elimination of offensive odors which was submitted to the City. Mrs. Carpenter -Craft said the Planning Commission approved the Petition at their May 3, 1989 meeting and staff recommended approval subject to the following restrictions: 1) No alcoholic beverages are sold at this location. 2) Daily outside cleanup and trash removal will be accomplished by the applicant. Page 16 5/24/89 3) Hours of operation will not exceed the following: Sunday through Thursday 11:00 A.M. to 11:00 F.M. Friday and Saturday 11:00 A.M. to 1:00 P.M. Mayor Abramowitz Opened and Closed the Public Hearing with no response. C/M Stelzer asked how this request was different than the one which was previously denied and Mrs. Carpenter -Craft said staff recommended approval in both cases. VOTE: Mayor Abramowitz - Aye V/M Bender - Aye C/M Hoffman - Aye C/M Rohr - Aye C/M Stelzer - Nay 12. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #5422 concerning request equest by CLASSIC COMMERCIAL VILLAS, INC., for a limited parking waiver to permit (1) a 930-foot parking aisle in lieu of the required 350-foot maximum length, and (2) a parking ratio of one space per 230 square feet in lieu of the required one parking space per 200 square feet of building on those lands at the southwest corner of Commercial Boulevard and NW 47 Terrace. Petition #13-Z--89 SYNOPSIS OF ACTION: RESOLUTION NO. R-89-141 - PASSED Public Hearing was held. APPROVED. City Attorney Doody ,read Temp. Reso. 45422 by title. Kelly Carpenter --Craft, City Planner, said this parcel contained 2.659 acres and was designated Commercial on the Land Use Plan. She said the property was zoned B-6 and the Petitioner was requesting approval to erect offices at this location. She said on December 7, 1988, the Petitioner was granted limited waivers by the Planning Commission for the following: 1. That all parking isles shall connect to a driveway. 2. That the front of the building is permitted to have parking. 3. That the fire access lane requirement was waived in front. 4. That the waiver was granted eliminating one side of the building for fire access. 5. That a waiver was granted for parking isle lanes on the eastern side of the proposal in access of 350- feet. Mrs. Carpenter -Craft said a variance was granted by the Board of Adjustment on March 13, 1989 meeting to reduce the rear yard setback on NW 50 Court from 25-feet to 15-feet. She said with this application, the Petitioner was seeking two additional limited waivers as provided by Section 18-9 of the Tamarac Code. 1. To permit a 930-foot parking isle in lieu of the 350-foot maximum length for the western portion of the parcel which, due to the width of the parcel, is entirely supported by the Fire Department. 2. To allow a parking ratio of one space for 230 square feet in lieu of the Code requirement for one space for 200 square feet. This waiver represents 13% reduction of the required parking for the offices. Page 17 5/24/89 Mrs. Carpenter -Craft said the Planning Commission approved this request at their May 3, 1989 and staff recommended approval of the waivers. She said the reason she informed the City Council of the waivers was because the Code needed to address itself to these skipped over parcels. She said the City should be in a position to deal with very small commercial property as opposed to several waivers. Mayor Abramowitz said he hoped that the City Code was being reviewed to eliminate all of these problems. * V/M Bender MOVED to APPROVE Temp Reso. #5422, SECONDED by * C/M Hoffman. Mayor Abramowitz Opened the Public Hearing. Emil Beutner, Resident, said he did not understand why the City Council was considering the parking waiver when the developer created his own problem. He said the Ordinance indicated that if a developer creates his own problems, the City Council did not have the right to grant a waiver. He said there was no emergency exit available for vehicles and he suggested the developer reduce the building. Mayor Abramowitz Closed the Public Hearing with no further response. VOTE: ALL VOTED AYE Mayor Abramowitz said after researching this matter, he found that the only suggested use of the property was a gas station. He said the owner of the property met with him six times proposing a gas station. He said finally a developer was willing to place a beautiful development that would bring money into the City and was approved by the neighbors. He said the developer complied with all of the suggestions made by the City and the residents and the City may have to make exceptions in order to get the appropriate developments in the City. ORDINANCES 13. a. MOTION TO ACCEPT Affidavits of Publication, Posting and Mailing for Temp. Ord. #1437. Petition #12-Z--89 b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1437 on first reading concerning a request by ALL SAINTS LUTHERAN CHURCH to rezone lands at 7875 W. McNab Road from B-r6 (Business District) to I-1 (Institutional) . Petition #12-Z-89 SYNOPSIS OF ACTION: Public Hearing was held. a. ACCEPTED Affidavits. b. APPROVED on first reading. * a. V/M Bender MOVED to ACCEPT Affidavits of Publication, Posting and * Mailing for Temp Ord. #1437,,SECONDED by C/M Hoffman. VOTE: ALL VOTED AYE Kelly Carpenter -Craft, City Planner, said the Petitioner was seeking a rezoning from B-6 (Business District) to I-1 (Institutional District). She said the Tamarac Land Use Map designated this parcel Commercial and permitted Churches as I-1 or Institutional use in a Commercial Page 18 5/24/89 designation. She said the parcel contained 3.42 acres, more or less and the current zoning on the surrounding properties is as follows: North - R-2 (Two Family Dwellings) South - R-4A (Planned Apartment) East - B-6 (Business District) West - B-6 (Business District) Mrs. Carpenter -Craft said the Planning Commission approved this request at their May 3, 1989 meeting. She said there were other houses of worship in the City which have I-1 zoning. City Attorney Doody read Temp. Ord. #1437 by title. * b. V/M Bender MOVED to APPROVE Temp. Ord. #1437 on first reading, * SECONDED by C/M Hoffman. C/M Hoffman asked why the church wanted to rezone and Mrs. Carpenter -Craft said the church was considering having a nursery for their members. Mrs. Carpenter -Craft said in a B-6 zone a special exception was needed and the church felt that the neighborhood would not object to the special exception; however, the other houses of worship providing this service were in an I-1 zone and the church felt that they should be in an I-1 zone. She said staff recommended that this request be made because it may be more comfortable for their institutional service to be in an I-1 zone as opposed to B-6. Mayor Abramowitz said the record should indicate that the nursery was not a business but a service of the church being provided to its members. Mayor Abramowitz Opened the Public Hearing. Joe Padwa, Resident, said several years ago there was an urgent request brought before the City Council regarding a nursery school being built in the area. He said the request was approved by the City Council; however, it was never erected. He asked if the nursery school was still planned for the area. Mayor Abramowitz suggested that Mr. Padwa contact the Community Development Department regarding this matter. Mayor Abramowitz Closed the Public Hearing with no further response. VOTE: RESOLUTIONS Community Development ALL VOTED AYE 4. a. MOTION TO ADOPT Temp. Reso. #5424 approving a revised plat entitled PATRICIAN PLAT�B'r_for Classic Commercial Villas, Inc. b. MOTION TO ADOPT Temp. Reso. #5423 approving a site plan and associated documents for CLASSIC COMMERCIAL VILLAS, INC., located at the Southwest corner of Commercial Boulevard and NW 47 Terrace. (This 4tc=n will be heard after the public hearings scheduled at 10 :00 A.M. ) Page 19 5/24/89 SYNOPSIS OF ACTION: APPROVED a. and b. RESOLUTION NO. R-89-131 - PASSED RESOLUTION NO. R-89-132 -- PASSED City Attorney Doody read Temp. Reso. #5424 by title. a. C/M Rohr MOVED to APPROVE Temp. Reso. #5424, SECONDED•by C/M Hoffman. Kelly Carpenter -Craft, City Planner, said the Plat on this Item was originally approved by the City on May 25, 1988, and Broward County limited the Plat to 44,400 square feet of commercial. use. She said the Plat contained 2.659 acres of land and the Land Use Plan Map designated the property for commercial use and was presently B-6 (Business District). She said Broward County required the Petitioner to eliminate ingress/egress access from the Florida Turnpike entrance and permitted right turn only onto Commercial Boulevard. Mrs. Carpenter -Craft said the original approved Plat had non -vehicular access on the total length of NW 50 and the Plat at the time of submittal had no such restrictions; however, the Applicant corrected this. She said the Planning Commission approved this request at their May 3, 1989 meeting and staff recommended approval with the following conditions: 1. The non -vehicular access lane on NW 15 Court shall be shown on the Plat except the one designated emergency access in the length of the southwest end of the project. 2. Pay all of the appropriate fees. Mrs. Carpenter -Craft said the Applicant has complied with these conditions. VOTE: ALL VOTED AYE City Attorney Doody read Temp Reso. #5423 by title. b. V/M Bender MOVED to APPROVE Temp. Reso. #5423, SECONDED by C/M Rohr. Mrs. Carpenter -Craft said the landscape plan met the requirements of the Code and, prior to the approval, the Applicant paid $7,774.00 for their required Traffic Impact Fees. She recommended approval of this Item. VOTE: ALL VOTED AYE With no further business, Mayor Abramowitz ADJOURNED this meeting at 11:05 A.M. i ABRAMOWITZ, CAROL A. EVANS, CITY CLERK "This public document was promulgated at a cost of $lp v0, o; $17. 5v' -aer copy to inform the general public, public officers and c=maIoyees of recent opinions and considerations of the City Council oZ the Cit? of Tamarac. ,_',Y Y OF TAMARAC �.0- pr, 11' AT idi�-LING OF �P �g gq Page 20 City Clerk n __ E 1 r 14-1-p4c�IV OAI i Ta SAVE OUR CHILDREN I IV U T't�:- S Dear Mr. Speaker: G r ry Go�nrG�L Yes, I support what you're trying to do. We need at least as i4e GG v 4-4A M?G' much funding to Save Our Children as we spend on new prisons! Please send me more Information on the Save Our Children program. 1 am Interested In getting involved In the Save Our Children program, Comments: Address: Phone: Sincerely, Place Stamp Here The Honorable Tom Gustafson, Speaker Florida House of Representatives 420 The Capitol Tallahassee, Florida 32399-1300 * Florida is number one in crime nationwide. * A crime occurs in Florida every 29 seconds. A violent crime occurs every three min- utes and 29 seconds. * An 11-state federal survey that includes Florida determined that within three years of release, 62.5% of oners are re -arrested, 47% ar=convicted, and 41 % are returned to prison or jail. * 94% of all prisoners under 25 with 11 previous crimes were re -arrested. * The average age at which children first use drugs is now 12 years. * 60% of our high school se- niors use an illicit drug at least once. * Approximately 70% of all juveniles who commit crimes do so under the influence of drugs or alcohol. * Drug felonies have increased by 73% in Florida since 1985. * 80% of new prison admittees have engaged in substance abuse. * The number of juveniles in county jails jumped one-third from March 1987 to March 1988, outpacing adult jailings 2-1. Some Statistics on Crime: * From 1979 to 1987, the percentage of juveniles tried in criminal courts increased nearly 500%. * Juveniles in prison commit significantly more disciplinary violations. Juveniles in smaller local facilities show better in- stitutional adjustment and more tendency to enter educa- tion programs and unsubsi- dized employment after re- lease. * Florida prison admissions in- creased by 50% from June 1986 to July 1988. * Florida is under supervision by federal courts to keep prison facilities from being overcrowded. * In 1986, Florida inmates served over 50% of their sentence. Today they serve 34% of their sentences compared with 41 % na- tionwide. * Excluding sentences over 25 years, the average sentence is 3.8 years, but the average time served is only 1.3 years. * Early prison releases in Florida will nearly double in five years, from 31,326 in 1988/89 to 58,088 by 1993/94. * In 1988, there were 35,000 felony arrests in Dade County. Only 1400 went to court and only 1000 spent time in jail. * 95% of all juvenile crime in * Of 102,152 convictions in Florida is committed by 5% of Florida in 1987, only 26,427 all juvenile offenders. defendents were imprisoned. * In 1987, Florida was 10th nationwide in the number of people in prison per capita with about 273 prisoners per 100,000 population. * Each new prison bed costs an average of $21,000 to build. Construction and operating costs amount to approximately $16,000 per prisoner per year. * "House arrest" community control programs cost about $2,500 per offender. * Florida is seventh nationwide in spending for police protection: $123 per person -- 22% more of our personal income than the national average. * Florida's prison population of 37,000 will grow to 95,000 by 1993 if trends continue. At today's prices, it will require $1.6 billion for capital and operating costs without any expected significant reduction in the early release of criminals in our prison system. n 1 �7 Serious Targeted Offenders Program (S.T.O.P.) When the situation was manageable, it was neglected, and now that it is thoroughly out of hand, we apply too late remedies that may have affected a cure. -- Sir Winston Churchill We need long, rigorous prison time for repeat violent offenders and effective alterna- tives for most of the rest. We need to divert into appropriate programs the at risk juveniles who primarily need adult super- vision, guidance, discipline and in some cases, specialized treatment. S.T.O.P. The S.T.O.P. Crime Program would create over 9000 new prison beds, including beds dedicated to provide long-term, high security for violent or repeat offenders, and S.T.O.P. facilities to provide treatment to drug abusers without long histories of violent crime. The concept behind S.T.O.P. is tough and smart. It's tough because it keeps dangerous adult and juvenile offenders off the street as long as or longer than current law; smart because it provides treatment to reduce the number of less serious inmates who return to prison. Over 9,000 New Prison Beds While using existing close custody prison beds for repeat violent offenders and adding new beds to lengthen sentences and cut gain time, the S.T.O.P. crime approach also would: * Create 4,500 beds to treat addicted felons. * Plan 500 new beds for serious habitual juvenile offenders with intervention services for sub- stance abuse, gang -related and violent offenses. * Create 122 beds with intervention services for habitual runaways, truants, and juveniles beyond family control. This is a specific, tar&eted approach to stopping crime. The House plan focuses on adults and juveniles currently being released after brief incarcera- tion who return to the streets to commit new crimes. Florida will never reduce crime until we address repetitive criminal behavior driven by drugs. New Florida Department of Law Enforcement fi*ures show Florida's crime rate increased 8.3 percent in 1988. Crime cost Floridians almost $1 billion last year, much of it stolen property sold for drugs. Under the House plan, addicted adults who are sent to state prison as S.T.O.P. offenders will serve the same amount of time as in the present system and spend it in secure drug treatment facilities. Juvenile S.T.O.P. offenders will spend more time in a secure S.T.O.P. facility than they would if sent to an adult prison under current early release practices. They will be confined 12 to 18 months or more with at least six months of intensive followup after release. Currently, the kids we put in prison get out quicker, return to drug -motivated crime, and return to prison. To stop this cycle, the House S.T.O.P. crime plan provides drug and alcohol treatment, job training and life skills to re-enter society. Stop Crime Now The S.T.O.P. crime bill package also: * Increases penalties for violent criminals and drug kingpins. * Authorizes a task force of law enforcement officers, legislators and treatment providers to find ways to reduce juvenile crime. * Reduces recidivism in those offenders who are still salvagable and leaves prison space for those who pose a serious threat to their fellow citizens. Prison Utilization Study One of the things we learned when violent felon Charlie Street was arrested for killing two Metro -Dade police officers just ten days after early release from prison, was that we don't know who we're locking up and who we're letting out. The S.T.O.P. crime prison utilization study would: * Assess the profiles of current inmates to determine which need long-term incarceration and which can be safely placed in less expensive alternative programs. * Target violent habitual offenders within the prison population to prohibit their release for space considerations. * Target nonviolent drug - involved adult and habitual juvenile offenders to provide necessary treatment, vocational training and help build a work - oriented nondrug lifestyle. Some Statistics on Children's Needs: Child Care: The Best Prevention * Child care reduces the like- lihood of abuse or neglect. 98.6% of all children placed in state -supported daycare are free from signs of abuse. * For every dollar invested in preschool programs for disad- vantaged children, taxpayers eventually save $7 in decreased expenditures for compensatory education, welfare and crime. * 85% of all teenage parents drop out of school to care for their children, often leading to long-term welfare dependence. * Adequate child care reduces the demand for foster homes. Two years of state -supported child care costs $1300 less than two-year placement in foster care -- and it keeps the family together. * As many as 65,000 children need daycare in Florida. There are 22,000 on the daycare waiting list. * A Pinellas County survey found that 12% of parents on the waiting list for daycare leave their children alone while they work. * 23% of all abused children in Florida are younger than two. There are 10,000 children under two on Florida's daycare waiting list. * There were 45,204 reports of child abuse and neglect between July 1 and December 31, 1988. Of those, 4,972 or 11 % were reports,of sexual abuse. * In 1988, at least 10,000 "drug babies" were born in Florida. * Florida ranks second to New York in the number of AIDS - infected children under 13. * One third of Florida's children live in poverty: Of these, only one third receive any Aid to Families with Dependent Children (AFDC) benefits. * Florida's AFDC maximum for a mother with two children is less than $300 per month plus $165 in food stamps. * One in seven babies in Florida is born to a teenage mother. Children of teen-age parents are more likely to be poor. * Between 1981 and 19$7, abuse and neglect referrals in Florida increased by 75%. * Accidents are the leading cause of death among Florida children under five. * 10% of Florida children fail kindergarten and 30% fail at least one grade during the primary grades (kindergarten through grade three). * In 1988, more than 12% of Florida's 10th graders failed the state functional literacy test. * The federal Department of Education cites Florida's high school dropout rate as 41% -- the highest in the nation. * Trends indicate that by the year 2000, 50% of Florida's children may be failing to graduate from high school and will be unable to find jobs in a market that requires at least that level of education. * Approximately 5,000 Florida schoolchildren are homeless. * Immigrant children -- many acutely in need of special education and social services -- enter Florida at the rate of 500 per month. * Only about half of all teenage mothers earn a high school diploma by age 20, compared with 90% of all teenagers. * Less than 10% of all school age mothers or expectant mothers are enrolled in Florida schools. Only 20 of Florida's 67 counties have special programs for student -parents. * Only about 20% of all children in Florida who need drug abuse treatment are getting it. * Seven of ten teenage suicides are drug -related. * Florida ranks in the top 20 in personal income and in the bottom 10% in spending for children's needs. 1 1 Save Our Children For $2500, we can prevent a failure. For $25,000, we can correct a failure after that child has gotten into the [criminal justice] system. For $250, 000, we can keep the child in jail for the rest of his life after he turns 16. -- Child advocate Brad Butler, retired chairman of Proctor and Gamble According to a 1981 study, each high school dropout reduces our GNP by a lifetime total of $228,000 and the federal tax base by $68,400. In 1987-88, Florida had more than 44,000 dropouts. Early intervention makes all the difference in children's lives. Statistics generated by the Perry Preschool Project indicate that children who attend preschool save society $7 in special education, welfare and criminal justice costs for every dollar the programs cost. But Florida's preschools serve only about one out of ten poor children who qualify. I. Daycare Florida has approximately 22,000 children on its state - subsidized daycare waiting list. Children of the working poor, or of abusive or neglectful parents can suffer injury to their learning potential, emotional well-being and physical safety. Our foal is to improve the quality of state -supported daycare and eliminate the waiting list. II. Zero to Three Infants and toddlers are uniquely vulnerable. From birth to age three is the time children develop basic skills. But they need a safe, stable environment. Our youngest children are totally dependent on adults and less able to cope with stress or pain. Emotional and learning disabilities they incur during their first years will shape them as adults. Our Zero to Three program would: * Expand intervention services for infants and toddlers at risk. * Help teenage parents learn child rearing skills. * Provide information to fam- ilies on how to take advantage of programs for children. * Help child care facilities pro- vide special services for children at risk. * Help "family day care" services meet state standards. * Enhance foster home care. III. Pre -Kindergarten Intervention Today only a little more than 10,000 children -- about 10% of those who need it -= are being served by pre -kindergarten pro- grams. As a result, children are starting public school without being able to identify common shapes and colors. Studies show that children who participate in early learning programs are much less likely to end up in trouble with the law or on public assistance programs. Our goal this year is to more than double the number enrolled to insure they have the skills to succeed in their first years of elementary school. IV. Children in Need We're learning that we need to work with children at risk -- and their parents -- long before they reach high school to keep them from eventually dropping out of school and falling prey to criminal and drug inducements. Children nine and ten years of age -- especially those with in- adequate home care -- are becoming involved in serious criminal behavior traditionally associated with adults. To counteract these trends, Children in Need programs would: * Work with children in grades four through eight to reduce the likelihood that they will eventually drop out of school. * Provide supervision and discipline for school -age children outside school hours. * Help both children and parents use public schools for educational and social activities. * Help teenage parents continue their education. * Provide course credit to college students who help adults learn to read. * Encourage alternative positive approaches to the problems of students failing in the primary grades (kindergarten through grade three). T�t�� I iyr % `%* GI,� c r t 1*-11 vacs f - 10 4r W F Florida House of Representatives �"�oxxrr Tom Gustafson, Speaker May 18, 1989 Henry M. Rohr City of Tamarac City Hall 5811 N.W. 88th Avenue Tamarac, Florida 33321 Dear Henry: There's a saying that "danger concentrates the mind." When threatened, we generally find the power to make hard decisions quickly. Florida finds itself threatened like never before and from an unexpected quarter --- from our own children. Indicators we've been worrying about quietly for the last two decades increasingly threaten our safety, economic viability, and our children's lives. Consider these facts: * More than one third of our children -- one million of them -- now live in poverty that threatens them physically, emotionally, educationally and socially. Renown demographer Harold Hodgkinson says that rate could reach 50% in Florida by the year 2000. * More than one third of our children drop out of high school before graduation -- the nation's worst record. * Florida is in the top 20 states in personal income but among the bottom ten in funding for the needs of children at risk. The question is not what it costs to invest in our chi]-dren's future but what it will cost us not to. A lack of qualified workers threatens our efforts to att.ract new industry. A recent Department of Education survey says 41% of Florida corporations had trouble finding qualified professionals and technicians. The cost will also be measured in loss of physical safety. Crime in Florida is on the upsweep with crack cocaine leading the charge. Even though Florida is seventh in spending for police protection, we just posted the highest crime rate in the nation for the third straight year. * Florida detains more juveniles per capita than any other state. One out of seven 1987 arrests involved a juvenile. * Florida is fifth in prisoners per capita. Due to crowding, prisoners serve an average 34% of their sentence. Bill Ryan, Executive Director 420 The Capitol Tallahassee. Florida 84999-1800 (904) 488.1450 * over 60% of all prisoners released are rearrested for new crimes within three years. These are just a few of the clouds in the gathering storm. Family structure in the urban areas is deteriorating. Drugs flowing through our state offer temptation to children in Florida with nothing better to do. But even if Floridians begin to realize the danger, can we find the will to act? Growth in state revenue this year is only half the average rate for the last three years, and we face tough funding choices between prisons splitting at the seams and more children heading down paths that lead to prison. We need to be tough on crime every step of the way. We need to be much tougher than we have been on violent, repeat offenders. But we need to be just as tough in finding ways to address children's needs so that they are not ignored until they become our next wave of criminals. Just building prisons isn't enough. As national children's advocate and former Proctor and Gamble CEO, Brad Butler, told the Florida House of Representatives earlier this ye oyou don't spend the money now to prevent these failures, you will er be able to tax enough money to build the jails fast enough to hold your failures 20 years from now." Frankly, your representatives in the House have heard clearly the "no new taxes" message of the past two years, and we have accordingly passed an austere "no new taxes" budget. We are now working with the Senate on what additional needs must be addressed. Because of your role as a community leader, I am sending you information on some of the problems Florida faces and ways those problems could be dealt with. We need -to a roprigte at least s h fun di to av o r ch' d e as w s end n e isons. Please read the enclosed material and signal your support for children by filling out and returning the enclosed postcard. Share this information with your friends, and ask them to send a card. I hope to hear from you. It could be the most important act of citizenship you undertake this year. Thank you. Sincerel 0/001 Tom Gustafson Speaker