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HomeMy WebLinkAbout1986-11-26 - City Commission Regular Meeting MinutesPROPOSED AGENDA ITEMS CITY COUNCIL MEETING OF 11/26/86 REGULAR MEETING SECTION SUBJECT INTRODUCED BY DIZED Awards/Presentations - 1) Presentation of 15-year award to Michael Janiec Open Public Forum - Financial Federal Perf. Bond Release - 11/10/82 tabled because of beautification fees and for review by C/Atty. Boards & Committees - vacancies announced: a) Bd. of Adjustment for 1 regular and 1 alternate member b) Code Enforcement Board - for engineer or architect c) PIC -- 1 regular member Notification to NCNB of City to competitively bid for depository services - 10/22 tabled to a future meeting Personnel 11/4/86 Council C/M Stein Fin. Dir. 10/1/86 Christian Life Center: Engrg. a) Water & Sewer Dev. Agmt. 10/10/86 b) TUE Sewer Easement c) TUE Ingress/Egress Easement 10/22 tabled Sabal Palm Golf Course - a) platting waiver - 11/12 tabled to 11/26/86 b) plan to install temporary storage bldg. (denied by Plan Adjustment Committee) City Ambulance Service- C/M Gottesman 5/28 tabled for further 1/2/86 information from Fire Chief Conf.,Suprv. & Mgr. Sick C/Mgr. Leave - 6/25/86 tabled for 10/2/85 preparation of Resolution Refund of $1,000 cash bond C/Clerk to Joseph Valco posted for 10/21/86 solicitors bond to be replaced with a surety bond - 11/12 tabled for receipt of proper bond form Lakes of Carriage Hills - C /Clerk a) Model sales renewal - 11/12 10/30/86 tabled to verify waiver forms b) Rel. of beautification CBO bond for Bldg. 5 - 11/11/86 $25,458 c) Rel. of beautification bond for Bldg. 11 - $13,650 and $5,000 x hl x CONSENT B CONSENT C CONSENT IL C/COUNCIL MEETING OF 11/26/86 PROPOSED AGENDA ITEMS REGULAR MEETING SECTION PAGE 2 SUBJECT INTRODUCED BY AGENDIZED McDonalds Sign Waiver - CBO X 11/12 tabled to 11/26 or 10/24/86 until sign Ord. has been reviewed McNab Corners - Extension to CBO approval of site plan - 10/28/86 X 11/12 tabled Temp. Ord. #1298 - amending TUW Chapter 7 of the Code 10/86 pertaining to adjustment of utility bills - 11/12 approved on lst rdg. (not advertised for 2nd rdg. until revised) It CITY COUNCIL MEETING OF 11/26/86 PUBLICiARINGS - _10:,00 '_A.M. RDI A CES 10 Temp. Ord. #1299 - Bradley Construction Co., Inc. - Rezoning from R4A to 5--1 for the University Club at University X Dr. & 81 St. 0 17 RE QLUTIONS Temp. Reso. #4326- Budgetel Inn, Limited Waiver of parking to permit a reduction of 1-1/4 parking spaces per room to 1 space per room and to waive the requirements of Section 18-6(b), loading zones, for a proposed motel on the south side of Commercial Blvd. east of NW 38 Terrace and adjacent to Sun Bank. - Petition 14-Z-86. (11/12/86 Public Hearing tabled to 11/26/86) Temp. Reso. #4379 - Midway Plaza Assoc., Special Excep. Pet. #22-Z-86 for a dry cleaning establishment in Bldg. B, Bay 4 Temp. Res . #4380 - Midway Plaza Assoc., Special Excep. Pet. #23-Z-86 for a Chinese Restaurant in Bldg. A, Bay 20 Temp. Reso. #4381 - Midway Plaza Assoc., Special Excep. Pet. #24-Z-86 for alcoholic beverages in a proposed Chinese Restaurant in Bldg. A, Bay 20. KI x ►M C/COUNCIL MTG. OF 11/26/86 PROPOSED AGENDA ITEMS WORKSHOP SECTION PAGE 1 SUBJECT- INTRODUCED BY AGENDIZED Fire Dept. - Proposed pilot C/Mgr. program for mutual aid with 9/17/86 neighboring cities mp. Reso. #4348 - C/Mgr. jecting to creation of 10/29/86 to Road 7 as a toll road between north of Homberg Rd. & Broward/Palm Beach County line Bid Award for 16 Police Police Chief vehicles REC FROM MIKE COUZZO 11/13/86 Woodmont TR 48 _ model C/Clerk sales permit #2 - renewal 11/13/86 (exp. 12/6) Colony West - Parcel R - Comm. Dev. Repeal of R-82-20 & 11/86 R-82-21 which accepted two easements Acceptance of Southern Fire Risk Mgr. Adjusters offer of settlement 11/5/86 of $1,483.19 for damage to two City vehicles Bedding Barn - 5 sign LANGUAGE CBO 11/12/86 APPEAL DECISION OF PLAN. COM.M. Fairmont 1st Addition: Comm. Dev./ Site Plan Engrg. 11/86 b) Plat c) Water & Sewer Dev. Agmt. d) Public Safety Ingress/Egress Easement e) Declaration re private streets I-95 Home Builders - Ordinance Vacation of a utility drainage & canal maint. easement Shell Oil (88 & Commercial) Rev.site plan to enlarge retail sales area Bonaire - Rev.site plan #5 for parking configuration Tamarac Square West - Rev. site plan for revision to square footage for Bays B & C for Walgreen Drug Store Acceptance of TUW Water & Sewer Utility Easement from Kode Florida, Ltd. Reptance of Water & Sewer Utility & Drng. Easement from Regina Dev. Corp. Comm. Dev. 11/86 Comm. Dev. 11/86 Comm. Dev. 11/86 Comm. Dev. 11/86 Engrg. 10/23/86 11/10/86 Concord Village - Acceptance Engrg. of the following: 11/10/86 a) Water & Sewer Utility Easement b) Pump Station & Utility Easement c) Preliminary Agmt. re TUW construction work Acceptance of TUE Pump Station Engrg. & Utility Easement from Neil & 10/23/86 Helen Joyce Bilbo X CONSENT X CONSENT X CONSENT 9i W 09 X X CONSENT X CONSENT X CONSENT X CONSENT C/COUNCIL MEETING OF 11/26/86 PROPOSED AGENDA ITEMS WORKSHOP SECTION PAGE 2 SUBJECT INTRODUCED BY AGENDIZED Woodmont TR 48 - Calling Engrg. X CONSENT perf. bond (exp. 11/27/86) 11/11/86 Tract 27 Electrical Vault - Engrg. a) Final payment to Hazen 11/12/86 X CONSENT IN & Sawyer - $4,950 for design b) Payment to FP&L for electric service to vault - $897 c) Granting easement to FP&L for electric service City Council Minutes for: C/Clerk 10/22/86 - Regular meeting 11/14/86 X CONSENT 10/27/86 - Special meeting Baer's Furniture - Request CBO for platting waiver for 11/11/86 X CONSENT interior renovation Bradford Trust litigation: C/Atty. a) Temp. Reso. #4378 auth. 11/13/86 execution of attorney/ X client agmt. b) Temp. Reso. # 4376 auth. execution of Public Body Creditors Allocation Agmt. regarding settlement c) Temp. Reso. #4377 auth. execution of Public Body Creditors Allocation Agmt. f' regarding judgment Presentation by Melissa Lee C/Mgr X Village Mayor of Tamarac Elem. 11/86 School. IBM P•C. F,,Chance Dir. X Consent 11/86 Reso, Contract with Municipal C/Clerk X Code 11/86 Fountains Corporate Center Comm. Devel. X Cardinal - Dev. Agmt. 9:00 A.M. X Land Sec . 7 Agmt. X Additional Fire Engine repair X l RECORD OF COUNCIL DISCUSSIONS AND ACTIQNS CITY OF TAMARAC CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY, OVEMBER _26,_1986 CALL TO ORDER: 9:00 A.M. ANNgUNCEMENT OF TIME ALLOCATIONS - MOTIONS Tg 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 PRESENTATION A D AWARDS 1. Presentation by City Manager Kelly of a 15-year award to Michael Janiec, Police Department. FINAL ACTION: ^� Presentation was made by City Manager Kelly to Michael Janiec Police Department. 2. Presentation by Melissa Lee, Village Mayor of Tamarac Elementary School. FINAL ACTION: TABLED to 12 10 86 meeting. CONSENT AGENDA - Items 3 through 19 Items listed under Consent Agenda, 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. u' din /Community D v to ment 3. MOTION TO ADOPT Tem . Reso #4382 releasing the following cash bonds posted by LAKES OF CARRIAGE HILLS for beautification: a) Building #5 - $25,458.00 b) Building #11 - $18,650.00 FINAL ACTION: RESOLUTION NO. 86-400 -PASSED APPROVED a & b 4. a) MOTION TO ADOPT Temp. Reso. #4367 repealing Resolution R-82-20 which approved and accepted a 15 foot non-exclusive water and sewer easement for the WESTVIEW AT COLONY WEST/PARCEL R project. b) MOTION TO ADOPT TeMp. Res #4368 repealing Resolution R-82-21 which approved and accepted a 15w-foot non-exclusive drainage easement for the WESTVIEW AT COLONY WEST/PARCEL R project. PAGE 1 11/26/86 FINAL ACTION: RESOLUTION NO. 86-401 -PASSED RESOLUTION NO. 86-402 --PASSED APPROVED a) & b) ._.-_-- 5. MOT10N_TO ADOPT Temp. Re,sg:_#4383 granting an exception permit in lieu of satisfying the platting requirements in Chapter 20 of the Code requested by BAER'S FURNITURE for interior renovation work. FINAL ACTION: RESOLUTION NO. 86-403 -PASSED APPROVED. — City Clerk 6. MOTION TO APPROVE the following minutes: a) 10/22/86 -- Regular Meeting b) 10/27/86 - Special Meeting FINAL ACTION_: APPROVED. 7. 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 48 (WATERFORD AT WOODMONT) Facility #2. FINAL ACTION• APPROVED for a 6 month period from 12/6/86 and to expire 6L 6 / 8 7,_ Finance Department 8. MOTION TO APPROVE the purchase of an IBM PC computer and associated material, plus printer, under State Contract #250-04--86-1, in the amount of $5,300.00. _FINAL ACTION: APPROVED. Fire -Department 9. MOTION TO AUTHORIZE the additional expenditure of $9,566.54 for the complete repair of the fire pump and booster tank of Engine #1 (Unit 303) ($7,088.00 approved by Council on 11/12/86). FINAL ACTION: AUTHORIZED. General Administrative 10. MOTION TO ADOPT Tem so. #4348 objecting to the creation of State Road 7 (U.S. 441) as a toll road between north of Holmberg Road and the Broward/Palm Beach County Line. FINAL ACTION: RESOLUTION NO. 86-404- PASSED APPROVED. Utilities/Engineering 11. MOTION TO AD PT Temp. Reso. 4390 calling performance Letter of Credit #M-1319 in the amount of $3,841.75 posted for public improvements at WOODMONT TRACT 48 (WATERFORD AT WOODMONT). PAGE 2 11/26/86 FINAL ACTION: REMOVED as improvements covered under this bond are also covered under anothgr. bond. 12. a) MOTION TO APPROVE a Water and Sewer Developers Agreement for CHRISTIAN LIFE CENTER. b) MOTION TO ADOPT Temp. Reso. #43-41 accepting a Tamarac Utilities East Sewer Utility Easement offered by CHRISTIAN LIFE CENTER, for Tamarac Utilities East Pump Station #3. c) MOTION TO ADOPT Temp. Rgso.-_#434.2 accepting a Tamarac Utilities East Ingress/Egress Easement offered by CHRISTIAN LIFE CENTER, INC., for TUE Pump Station #3 (tabled on 10/22/86). FINAL ACTION: RESOLUTION NO. 86-405-- PASSED RESOLUTION NO. 86-406- PASSED APPROVED a b and c 13. MOTION TO ADOPT Temp. Reso. #4384 accepting a Tamarac Utilities West Water and Sewer Utility Easement offered by KODE FLORIDA, LTD. I, for the Northwest Force Main Project #84-6. FINAL ACTION: RESOLUTION NO. 86-407- PASSED APPROVED. 14. MOTION TO ADOPT Temp. Reso. #4385 accepting a Water and Sewer Utility and Drainage Easement offered by REGINA DEVELOPMENT CORP. for the University Drive Utility Relocation Project #86-2. FINAL ACTION_: RESOLUTION NO. 86-408- PASSED APPROVED. 15. MOTION TO ADOPT Tgmp. Resp. #4386 accepting a Tamarac Utilities East Pump Station and Utility Easement offered by Neil and Helen Joyce Bilbe for the Tamarac Pump Station Rehabilitation Project #84-21. FINAL ACTION: RESOLUTION NO. 86-409- PASSED APPROVED. 16. a) MOTION TO ADOPT Temp. Reso. #4387 accepting a Tamarac Utilities West Water and Sewer Utility easement offered by CONCORD VILLAGE RECREATION ASSOCIATION for the 201 Force Main Project #86-5. b) MOTION TO ADOPT Temp. RQso,_#4388 accepting a Tamarac Utilities West Pump Station and Utility Easement offered by CONCORD VILLAGE RECREATION ASSOCIATION for the 201 Force Main Project #86 5 and University Drive Utility Relocation Project #06-2. c) MOTION TO ADOPT Temp. Reso. #4389 authorizing execution of a Preliminary Agreement with CONCORD VILLAGE RECREATION ASSOCIATION pertaining to the work in connection with the University Drive Utility Relocation Project #86--2. PAGE 3 11/26/86 FI AL ACTIO : RESOLUTION NO. 86-410- PASSED RESOLUTION NO. 86-411- PASSED RESOLUTION NO. 86--412- PASSED APPRnyED__sl),- b)- -sInd c) 17. MOTION TO AUTHORIZE final payment of design fees in the amount of $4,950.00 to Hazen and Sawyer for Project #87-8, Tract 27 Electrical Vault, F P & L. FINAL ACTION: AUTHORIZED. 18. a) MOTION TO ADOPT„TeMp. Reso. #4391 granting an easement to Florida Power & Light Company for electrical service to the electrical vault for Tract 27 water tank and recreation facilities for Project #84-19. b) MQTIQN TO AUTHORIZE payment to Florida Power & Light Company in the amount of $897.00 for the cost differential for providing electric facilities underground rather than overhead for Project #84-19. FINIAL ACTION: RESOLUTION NO. 86-413- PASSED APPROVED nd AUT RIZED b . 19. MOTI0kJ TO ADOPT Temp. Reso. #4408 approving an agreement with INTERTRES, N.V., to allow the property at the southwest corner of University Drive and NW 61 Street to be used by the City and its contractors while at work on University Drive is in progress. FINAL ACTION: RESOLUTION NO. 86-414- PASSED APPROVED. CONSIDERATIONS Personnel Insurance 20. MOTION TO ACCEPT a settlement offered by SOUTHERN FIRE ADJUSTERS for damage to two City Vehicles. FINAL ACTION: ACCEPTED settlement for 50% of the $1,483.19 in da.ma9e . _. _._. RES LQETI. ONS Building/Community Development 21. MOTION TO ADOPT T . so #4363 granting a waiver of the provisions of the sign ordinance for an over -sized, freestanding menu board requested by MCDONALD'S at the northwest corner of University Drive and Commercial Boulevard (tabled on 11/12/86). FINAL ACTION: REMOVED•at applicant's request. 22. MOTION TO ADOPT Temp.__Reso._#4361 granting an extension of the one-year approval for the final site plan for MCNAB CORNERS (tabled on 11/2/86). PAGE 4 11/26/86 FINAL ACTIO : APPROVED providing the Developer pays all fees by December 23, 1986. City Attorney will provide an amendment_ to_resolution. 23. CLAIRMONT 1ST ADDITIOi] a) MOTION TO ADOPT Temp. Reso. #4393 approving the site plan. b) MOTION TO ADOPT Temp. Reso. #4394 approving the plat. c) MOTION TO APPRQVE the landscape plan. d) MOTION TO APPROVE the Water and Sewer Developers Agreement e) MOTION TO ADOPT Temp. Reso, #4395 accepting a Public Safety Ingress/Egress Easement. f) MOTION TO ADOPT Temp. Reso. #4396 accepting a Declaration regarding private streets within this development. (to be located on the north side of NW 71 Place at NW 108 Terrace) FINAL ACTION: RESOLUTION NO. 86-416- PASSED RESOLUTION NO. 86-417- PASSED RESOLUTION NO. 86-418- PASSED RESOLUTION NO. 86-419- PASSED APPROVED throw f . 24. MOTION TO ADOPT Temp. Reso._ #4397 approving a revised site plan for TAMARAC SQUARE WEST reflecting revision to the square footage of Bays B and C for Walgreen's Drug Store. FINAL ACTION: RESOLUTION NO. 86-420- PASSED APPROVED. _ 25. MOTION TO ADOPT Temp. Reso._#4398 approving a revision to BONAIRE AT WOODMONT TRACTS 74/75 Site Plan #5 reflecting revision to parking configuration. FINAL ACTION: RESOLUTION NO. 86-421- PASSED APPROVED. 26. MOTION TO ADOPT Tgmp. Reesg.. #4399 approving a revised site plan for SHELL OIL COMPANY to enlarge the retail sales area (located at the northwest corner of Commercial Boulevard and NW 88 Avenue) FI I RESOLUTION NO. 86-422- PASSED APPROVED. 27. MOTION TO ADOPT Temp. Reso. #4400 relating to an appeal of the Planning Commission's denial of five (5) signs for the BEDDING BARN (two ground signs and three wall signs). FINAL ACTION: RESOLUTION NO. 86-423- PASSED Sent back to Planning Commission with more information and revisions made by applicant. _ PAGE 5 11/26/86 28. FOUNTAINS CORPORATE CENTER a) MOTION TO ADOPT Temp. Reso. #4401 approving the site plan. b) MOTION TO ADOPT Temp. Reso. #4402 approving the plat. c) MOTION TO APPROVE the landscape plan. d) KQTIONT so. #4405 approving an amendment to Developer's Agreement. e) MOTIQN-TO APPFQVE the Water and Sewer Agree meet. f) MOTION TO APPROVE the Water Retention Agreement g) MOTION TO ADOPT Temp. Reso. #4403 accepting a Blanket Public Safety Ingress/Egress Easement. h) MOTIO T ADOPT Temp, Reso. #4404 accepting a Blanket Water and Sewer Utility and Drainage Easement. (to be located on the north side of Commercial Boulevard and extending west from the southern terminus of the S-curve at NW 57 Street - approxi mately 638 lineal feet of frontage on Commercial Boulevard) FINAL ACTION: RESOLUTION NO. 86--424- PASSED RESOLUTION NO. 86-425- PASSED RESOLUTION NO. 86-426- PASSED RESOLUTION NO. 86-427-- PASSED RESOLUTION NO. 86-428- PASSED APPROVED a throw City Attorney 29. a) MOTION TO ADOPT Temp. Reso. #4378 approving and authorizing the appropriate City officials to execute an Attorney -Client Agreement between Wildman, Harrold, Allen, Dixon and McDonnell and the City of Tamarac, pertaining to repre- sentation in the Fidata Trust Company and/or affiliates (collectively "Bradford") litigation. b) MOTION TO ADOPT TeMp. izeso. #4376 approving and authorizing the appropriate City officials to execute a Public Body Creditors Allocation Agreement with regard to settlement, between Wildman, Harrold, Allen, Dixon and McDonnell and the City of Tamarac, pertaining to settlement of the Fidata Trust Company and/or affiliates (collectively "Bradford") litigation. c) M TION T AD PT T so. 44377 approving and authorizing the appropriate City officials to execute a Public Body Creditors Allocation Agreement with regard to judgment, between Wildman, Harrold, Allen, Dixon and McDonnell and the City of Tamarac, pertaining to judgment of the Fidata Trust Company and/or affiliates (collectively "Bradford") litigation. FINAL ACTION: RESOLUTION NO. 86-429- PASSED RESOLUTION NO. 86-430- PASSED RESOLUTION NO. 86--431- PASSED APPROVED a through c . PAGE 6 11/26/86 FINAL ACTT APPROVED providing the Developer pays all fees by December 23, 1986. City Attorney will provide an amendment to resolution. 23. CLAIRMONT 1ST ADDITION a) MOTION TO ADOPT Temp._Rpso. #4393 approving the site plan. b) MOTION TO ADOPT Temp. Reso. #4394 approving the plat. c) MOTION TO APPROVE the landscape plan. d) NQTION TO APPROVE the Water and Sewer Developers Agreement e) MOTION TO ADOPT Temp. Reso. #4395 accepting a Public Safety Ingress/Egress Easement. f) MOTION TO ADOPT Temp. Reso. #4396 accepting a Declaration regarding private streets within this development. (to be located on the north side of NW 71 Place at NW 108 Terrace) FINAL ACTION: RESOLUTION NO. 86-416- PASSED RESOLUTION NO. 86-417-- PASSED RESOLUTION NO. 86-418- PASSED RESOLUTION NO. 86--419-- PASSED APPROVED a) through f). 24. MOTION TO ADOPT Temp. Reso. #4397 approving a revised site plan for TAMARAC SQUARE WEST reflecting revision to the square footage of Bays B and C for Walgreen's Drug Store. FINAL ACTION: RESOLUTION NO. 86-420- PASSED APPROVED._ 25. MOTION TO _ADOPT Temp. Reso.#4398 approving a revision to BONAIRE AT WOODMONT TRACTS 74/75 Site Plan #5 reflecting revision to parking configuration. FINAL ACTION: RESOLUTION NO. 86-421- PASSED APPROVED. 26. MOTION TO ADOPT Temp. Reso. #4399 approving a revised site plan for SHELL OIL COMPANY to enlarge the retail sales area (located at the northwest corner of Commercial Boulevard and NW 88 Avenue) FINAL ACTION: RESOLUTION NO. 86-422- PASSED APPROVED. 27. MOTION TO ADOPT Temp. Reso. #4400 relating to an appeal of the Planning Commission's denial of five (5) signs for the BEDDING BARN (two ground signs and three wall signs). FINAL ACTION: RESOLUTION NO. 86-423- PASSED Sent back to Planning Commission with more information and revisions made by applicant. PAGE 5 11/26/86 28. FOUNTAINS CORPORATE CENTER a) MOTION TO ADOPT Temp ggso. 14401 approving the site plan. b) MOTION TO ADOPT Temp. Reso. #4402 approving the plat. c) MOTION TQ APgRQyE the landscape plan. d) MOTION TO ADOPT Temp. Reso. #4405 approving an amendment to Developer's Agreement. e) MOTION TO APPROVE the Water and Sewer Agree ment. f) MQTION TO APPROVE the Water Retention Agreement g) MOTION T AD PT Temp. Reso. 14403 accepting a Blanket Public Safety Ingress/Egress Easement. h) MOTION TO ADOPT Temp. Reso. #4404 accepting a Blanket Water and Sewer Utility and Drainage Easement. (to be located on the north side of Commercial Boulevard and extending west from the southern terminus of the S-curve at NW 57 Street - approxi mately 638 lineal feet of frontage on Commercial Boulevard) FINAL ACTION• RESOLUTION NO. 86-424-- PASSED RESOLUTION NO. 86-•425- PASSED RESOLUTION NO. 86-426- PASSED RESOLUTION NO. 86-427- PASSED RESOLUTION NO. 86-428- PASSED APPROVED _a)_ _through h) . City Attorney 29. a) MOTION TO ADOPT Temp. Reso. #4378 approving and authorizing the appropriate City officials to execute an Attorney -Client Agreement between Wildman, Harrold, Allen, Dixon and McDonnell and the City of Tamarac, pertaining to repre- sentation in the Fidata Trust Company and/or affiliates (collectively "Bradford") litigation. b) MOTION TO ADOPT Temp. Reso. #4376 approving and authorizing the appropriate City officials to execute a Public Body Creditors Allocation Agreement with regard to settlement, between Wildman, Harrold, Allen, Dixon and McDonnell and the City of Tamarac, pertaining to settlement of the Fidata Trust Company and/or affiliates (collectively "Bradford") litigation. c) MOTION TO ADOPT Temp. Reso. #4377 approving and authorizing the appropriate City officials to execute a Public Body Creditors Allocation Agreement with regard to judgment, between Wildman, Harrold, Allen, Dixon and McDonnell and the City of Tamarac, pertaining to judgment of the Fidata Trust Company and/or affiliates (collectively "Bradford") litigation. FINAL ACTION• RESOLUTION NO. 86-429- PASSED RESOLUTION NO. 86-430- PASSED RESOLUTION NO. 86-431- PASSED APPROVED a through c . PAGE 6 11/26/86 30. MOTION TO ADOPT Temp. Reso._ #4406 approving the Amended Stipulated Settlement Agreement in the eminent domain matter of the CITY OF TAMARAC vs. RICHARD C. JONES. FINAL ACTION: RESOLUTION NO. 86-432- PASSED APPRO D 31. MOTION TO ADOPT Temp. Reso. #4407 authorizing the appropriate City Officials to execute a Settlement Agreement in the matter of CARDINAL INDUSTRIES, INC., vs. the CITY OF TAMARAC. FINAL ACTION: RESOLUTION NO. 86-433- PASSED APPROVED providing that no less than 1 year leases be stated in the Agreement. Attorney for Cardinal agreed to include sidewalks providing they can be connected at both sides. City Clerk 32. MOTION TO ADOPT Temp. Reso. #4375 authorizing the execution of an Agreement with the Municipal Code Corporation pertaining to recodification of the City Code. FINAL ACTIO : TABLED for further research from the City Manager and City Attorney., Police Department 33. MOTION TO ADAPT Temp. Reso. #4392 awarding a bid for purchase of sixteen (16) 1987 Police patrol -- vehicles. FINAL AC ION: RESOLUTION NO. 86-434-- PASSED APPROVED awarding a bid to Ed Morse Chevrolet at $12,156.58 per vehicle for a total of $194,505.28 with ext nd d 36-mQnth w4rranty. PUBLIC HEARINGS - 10:00 A.M. 34. MOTION TO _ADOPT Temp. Reso., #4326 relating to a request by BUDGETEL INN for limited waiver to the provisions of Chapter 18 of the Code to permit a reduction from 1-1/4 parking spaces to 1 parking space per room and to waive the requirement for loading zones for a proposed motel to be located on the south side of Commercial Boulevard, east of NW 38 Terrace and adjacent to Sun Bank. Petition #14-Z--86. (Public hearing tabled from 11/12/86) FINAL ACTION: RESOLUTION NO. 86-435- PASSED APPROVED. Public Hearing held. 35. MOTION TO ADOPT Temp. Reso. # 4379 relating to a request by MIDWAY PLAZA ASSOCIATES, LTD., for a special exception to allow a dry cleaning establishment in Building B, Bay 4, of Midway Plaza, which is zoned B-2. Petition #22-Z-86. PAGE 7 11/26/86 FINAL ACTION: RESOLUTION NO. 86-436- PASSED APPROVED. Public Hearing held. 36. MOTION TO AD PT Temp. Reso._#4380 relating to a request by MIDWAY PLAZA ASSOCIATES, LTD., for a special exception to allow a Chinese restaurant in Building A, Bay 20, of Midway Plaza, which is zoned B-2. Petition #23-Z-86. FINAL ACTION: RESOLUTION NO. 86-437- PASSED APPROVED. Public Hearing held. 37. MOTION TO ADOPT Temp. Reso. #4381 relating to a request by MIDWAY PLAZA ASSOCIATES, LTD., for a special exception to allow on -premises consumption of alcoholic beverages in a proposed Chinese restaurant in Building A, Bay 20, of Midway Plaza, which is zoned B-2. Petition #24-Z-86. FINAL ACTION: RESOLUTION NO. 86-438- PASSED APPROVED and AUTHORIZED the City Attorney to look into the transferring of alcoholic beverage special exception, Public Hgaring held. ORDINANCES PUBLIC HEARING - 10:00 A.M. 38. a) MOTION TO ACCEPT Affidavits of Publication and Posting for Temp. Ord. #1299. b) MOTION TQ ADOPT Temp, Ord. #1299 on second reading relating to a request by BRADLEY CONSTRUCTION CO., INC., Petition #18-Z-86, to rezone the recreation area for UNIVERSITY CLUB, which is located on University Drive at NW 81 Street, from R-4A (Planned Apartments) to S-1 (Open Space/Rcreational). FINAL ACTION: ORDINANCE NO. 86-63 - PASSED ACCEPTED a). b) APPROVED on second reading. Public Hearing held. Building/CpMMunity Devglopment 39. MOTION TO ADOPT Temp. Ord. #1300 on first reading relating to a request by I-95 HOME BUILDERS for vacation of a portion of a Utility, Drainage and Canal Maintenance Easement on Lot 91 of WOODMONT TRACT 57 at 8620 NW 77 Street. FINAL ACTION: APPROVED on first regding. 40. OPEN PUBLIC FORUM - Any member of the public who wishes to address the City Council at this time must, in advance of the time, give his/her name and address to the City Clerk. SPEAKERS: Melanie Reynolds: was displeased with the action from the Police Department in preventing her from attending the PAC Meeting. PAGE 8 11/26/86 REPORTS 41. City Council 42. City Manager City Manager Kelly reported the appointment of Ray Briant as Fire Chief which was approved by the City Council.. 3. City Attorney AGE DIZED BY CON E T 44. MOTION TO APPOINT a member to the Code Enforce- ment Board. FINAL ACTION• AGENDIZE by Consent. APPROVED appointment of Louis J. Sohn for a term expiring June_25L_1988., Resolution will be on 12/10/86 agenda. 45. MOTION TO APPROVE Temp. Reso. #4099 awarding a bid to P.I.C. Paving, Inc. for installation of an asphalt parking lot at Tamarac Veteran's Park. Bid #86-31. FINAL ACTION: RESOLUTION NO. 86-439- PASSED AGENDIZED by Consent. APPROVED in the-amgunt o 24 070.00 The City Council may consider and act upon such other business s may come before it. ursuant to Chapter 286.0105, Florida Statutes, if a person decides to appeal any decision made by the City Council with respect to any matter considered at such meeting or hearing, he may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is based. Carol E. Barbuto Assistant City Clerk PAGE 9 11/26/86 CITY OF TAMARAC, FLORIDA REGULAR CITY COUNCIL MEETING WEDNESDAY, NOVEMBER 26, 1986 CALL TO ORDER: Mayor Hart called the meeting to Order on Wednesday, November 26, 1986 at 9:00 A.M. in the Council Chambers. ROLL CALL• Mayor Bernard Hart Vice Mayor Jack Stelzer Councilman Sydney M. Stein Councilman Arthur H. Gottesman Councilwoman Helen Massaro ALSO PRESENT• John P. Kelly, City Manager A. Bryant Applegate, City Attorney Alan Ruf, Consulting City Attorney Carol E. Barbuto, Assistant City Clerk Pauline Walaszek, Secretary MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Hart called for a Moment of Silent Meditation followed by the Pledge of Allegiance. 2. Presentation by Melissa Lee, Village Mayor of Tamarac Elementary School. XNQPSI_ OF ACTION: TABLED to the 12/10/86 meeting. * V/M Stelzer MOVED to TABLE this item, SECONDED by C/M Stein. VOTE: ALL VOTED AYE 11. MOTION TO AD PT Temp. Reso #4390 calling performance Letter of Credit #M--1319 in the amount of $3,841.75 posted for public improvements at WOODMONT TRACT 48 (WATERFORD AT WOODMONT). 21. MQTION_TO ADOPT TpMp.ges4 #4363 granting a waiver of the provisions of the sign ordinance for an over -sized, freestanding menu board requested by MCDONALD'S at the northwest corner of University Drive and Commercial Boulevard (tabled on 11/12/86). SYNOPSIS OF ACTION: 11. REMOVED as improvements covered under this bond are also covered under another bond. (See Page 12) 21. REMOVED at applicant's request. * V/M Stelzer MOVED to REMOVE this item, SECONDED by C/W * Massaro. Y%QTE : ALL V TED AYE 44. M TION TO -APPOINT a member to the Code Enforcement Board. SYNOPSIS OF ACTION: AGENDIZED BY CONSENT. (See Page 16) * V/M Stelzer MOVED to AGENDIZE this item BY CONSENT, SECONDED * by C/M Gottesman. VOTE: ALL VQTED AYE _1- 11/26/86 /pw v 45. MOTION TO APPROYE installation of an Park. Bid #86-31. $YNQPI QF ACT_I ON : AGENDIZED by Consent. (See Page 17) awarding a bid to P.I.C. Paving, Inc. for asphalt parking lot at Tamarac Veteran's RESOLUTION NO. 86-439 - PASSED V/M Stelzer MOVED to AGENDIZE this item BY CONSENT, SECONDED by C/M Stein. VOTE: ALL VOTED AYE 1. Presentation by City Manager Kelly Michael Janiec, Police Department. SYNOPSIS OF ACTION: Presentation was made by City Manager to Michael Janiec, Police Department. of a 15-year award to City Manager Kelly congratulated Mr. Janiec for 15-years of employment as a Police Officer for the City of Tamarac and Presented him with an award. 30. MOTION TO ADOPT Temp, Resg= #4406 approving the Amended Stipulated Settlement Agreement in the eminent domain matter of the CITY OF TAMARAC vs. RICHARD C. JONES. SYNOPSIS OF ACTION: RESOLUTION NO. R-86-432 - PASSED APPROVED. City Attorney Applegate read Temp. Reso_,_#4406 by title. Alan Ruf, Consulting City Attorney, said as of July, 1986, he was asked to sit with the owners of the property to negotiate a new agreement based on the fact that the City of Tamarac did not need 45 acres of land and this has been done. He apologized to Council for bringing the changed Agreement to them so late and explained that negotiations had continued up to the distribution of the information. Mr. Ruf summarized the negotiations for the public and said the City would receive a 17-1/2 acre parcel, with the closing to take place before December 31, 1986. He said the City would be paying $52,345.00 for the use of the sludge farm from the time that the easement ran out in July, 1986 through December 31, 1987. The balance of the cash, which has been is an interest bearing account, is $830,000.00. He said the City would be required to remove the sludge farm from the Developer's parcel by December 31, 1987 and the Developer of the parcel would provide the design for Nab Hill Road, which would be a credit against assessed impact fees for the cost of the designi. He said the owner would not be required to extend Hiatius Road across the 120w-foot canal, which will run west of Nob Hill Road to the outfall beyond the Sawgrass Expressway, and will be entitled to the fill from the construction. A recoopment of half of the cost of the land and the construction costs from the landholders in the north will be given to the owner and the City would be obligated to put the appropriate Ordinance or Schedule together to accomplish the project. Mr. Ruf said the owner would construct a water main from the north property line south to Commercial Boulevard and east to NW 94th Avenue. He said the City would be entitled to the fill for the first 650-feet of the drainage canal. He said if the City needed it for the parcel and if the City would take the fill, an obligation to construct the drainage canal to the specifications would be needed from the City. -2- 11/26/86 /Pw 1 * V/M Stelzer congratulated Mr. Ruf and the Councilmembers that * were involved in the negotiations. He then MOVED to APPROVE * Temp. Resp,_#4406, SECONDED by C/M Stein. C/W Massaro said a Motion to Adopt Temp. Reso. #4406 would be an injustice to the people in the City and., though the Agreement may be good, there was not sufficient information. She said there were too many unanswered questions and there was not enough time to study the Agreement. She mentioned Mr. Ruf felt he needed more time to examine the Agreement because he received late. She said there would be a waste of several million dollars and the 45 acres could be used to consolidate the building of City Hall. She said under the old Agreement, there would be no cost for the sludge farm as there would be in the new Agreement and there would be more time needed to study the Agreement. She suggested this item be TABLED and she asked Mr. Ruf if there would be a problem Tabling the Item to the next meeting. Mr. Ruf replied if Council decided to Table, it would not hurt the City, however, he did not know how it would affect the Landowner. V/M Stelzer said the Agreement had been known by the Council for months with the City getting 15 acres of land at no cost. He mentioned the people of the City voted to put a City Hall Complex next to the Fire Department and to have the Complex changed, would need another Referendum. C/M Stein said July, 1986, Council voted 5 to 0 to modify the contract. He said the removal of sludge would be required even if the City owned the land. The land would need to be upgraded in order to build. He said all the money spent on the land is being returned with interest and the interest is paying for the extra 2-1/2 acres being bought. * C/M Gottesman MOVED to TABLE, SECONDED by V/M Stelzer. VOTE: V/M Stelzer - Nay C/M Gottesman - Aye C/M Stein - Nay C/W Massaro - Aye Mayor Hart - Nay EDITOR'S NOTE: MOTION to TABLE this item was defeated. Mayor Hart said the original contract was illegal and he favors the new contract for the people of the City. C/W Massaro said the plans for the land would not be wasted if used for the new City Hall Complex. She said knowledgable people should look over the contract and give answers to questions that arise on the contract. She said the Municipal Complex should not split up and the land being sold should be used for the Complex. She asked Mr. Ruf if he were satisfied with the Agreement and he replied the new Agreement seemed less vague than the original Agreement. He said there would be many items that could be included in an Agreement, however, the site plan and the platting needed to be produced. He said no Attorney is completely satisfied with a settlement but the terms of the Agreement were clear. VOTE: C/W Massaro - Nay V/M Stelzer - Aye C/M Gottesman - Nay C/M Stein - Aye Mayor Hart - Aye -3- 11/26/86 / /pw / 31. MOTION 0 ADOPT Temp. Reso.-4407 authorizing the appropriate City Officials to execute a Settlement Agreement in the matter of CARDINAL INDUSTRIES, INC., vs. the CITY OF TAMARAC. s9YNQPSIS QF ACTI APPROVED providing that no less than 1 year leases be stated in the Agreement. The Attorney for Cardinal agreed to include sidewalks providing they can be connected at both sides. City Attorney Applegate read Temp. Reso._#4407 by title. Alan Ruf, Consultant City Attorney, said Judge Weissing favored the City for the decision taken towards Cardinal Industries. He said Cardinal Industries had filed an appeal and the City filed their answer with Cardinal filing their reply briefly. And said it was in the Fourth District Court of Appeal awaiting a hearing date. He said City Staff had been working with Cardinal to revise the site plans for Hidden Hollow and Greenview Apartments so the objections taken to Court would be complied with and to provide amenities such as swimming pools and recreation areas. He said the site plans for the development had been submitted to City Staff and recommended approval so the appeal could be withdrawn. C/W Massaro asked if sidewalks would be provided and Thelma Brown, City Planner, said in the Engineering configuration of the Westwood development, sidewalks could not be placed. She said there were not sidewalks on the entire stretch of the road except Belfort, which would contain 4-foot sidewalks. She said there were internal sidewalks going into the projects in Hidden Hallow but 2 curb cuts have been eliminated. C/W Massaro asked if the Belfort Project had been completed and Ms. Brown replied no. C/W Massaro said the residents would have to walk on something and questioned the Engineering configuration. Ms. Brown said while completing the site plan, consideration and work would be done to obtain sidewalks. Ms. Brown said Cardinal had been before the City Council and the plans for Hidden Hollow and Greenview had been denied. She said Cardinal had agreed to install a swimming pool and place landscaping, including berming, which was in review now. She said Cardinal had agreed to change the colors of the ends of their buildings and put in configurations of the circulating road, which would be a loop road. C/M Stein said in negotiations, Cardinal had agreed that as part of their stipulation, there would be no leases less than 1-year. Mr. Brown said a letter had been submitted saying their apartments are predicated on a 1-year lease. C/M Stein said he would like more than that and requested "no less than 1-year leases" be put in the Agreement. * C/M Stein MOVED to APPROVE Temp. Reso..__#4407 providing a stipulation was included the Agreement stating there would be * no leases given for less than 1-year, SECONDED by C/W Massaro. Mr. Ruf said Cardinal can accept or reject the stipulation and, if Cardinal rejected the stipulation, then it would be brought back to Council. C/W Massaro asked Mr. Ruf if the Engineering Plans would affect the decision on the Agreement and Mr. Ruf said Staff would review the Engineering Plans and the item being discussed would only pertain to the Site Plan. n 11/26/86 /pw 1 11 I C/M Stein asked if Council could make the requirement for a sidewalk at the time of approval for the Engineering Plans and Ms. Brown replied sidewalks would be reviewed with the Engineering Plans. C/W Massaro asked if the site plan was under Court Order and Mr. Ruf replied, yes. C/W Massaro said under Court Order, the developer would not have to provide a sidewalk and would like sidewalks to be part of the Agreement. Ms. Brown said Mr. Postash, Attorney for Cardinal, had agreed to include sidewalks as part of the Engineering drawings providing the sidewalks could connect to both sides of the City's sidewalks. VOTE: ALL VOTED AY 29. a) MOTION TO ADOPT Temp.-_Reso #43 8 approving and authorizing the appropriate City Officials to execute an Attorney -Client Agreement between Wildman, Harrold, Allen, Dixon and McDonnell and the City of Tamarac, pertaining to representation in the Fidata Trust Company and/or affiliates (collectively "Bradford") litigation. b) XQTION TO AD PT TemD. peso,#4376 approving and authorizing the appropriate City officials to execute a Public Body Creditors Allocation Agreement with regard to settlement, between Wildman, Harrold, Allen, Dixon and McDonnell and the City of Tamarac, pertaining to settlement of the Fidata Trust Company and/or affiliates (collectively "Bradford") litigation. c) MOTI N O PT T so 377 approving and authorizing the appropriate City officials to execute a Public Body Creditors Allocation Agreement with regard to judgment, between Wildman, Harrold, Allen, Dixon and McDonnell and the City of Tamarac, pertaining to judgment of the Fidata Trust Company and/or affiliates (collectively "Bradford") litigation. sYNOPSzS_ OF ACTION RESOLUTION NO. RESOLUTION NO. RESOLUTION NO. APPROVED a) through c). R-86-429 - PASSED R-86--430 PASSED R-86-431 PASSED a) City Attorney Applegate read TeMy Rpap, #4378 by title. Morris Brown, Attorney for Morgan, Lewis & Bockius, said the Resolution would include the City of Tamarac sharing in the expenses with other Cities for the litigation. C/M Stein asked how much of a percentage the City would obtain and Mr. Brown replied 10%. -5- 11/26/86 w P Vi C/M Stein MOVED to ADOPT Temp. Res4_._#4.378, SECONDED by V/M Stelzer. VOTE: VOTE: VOTE: ALL VOTED AYE b) City Attorney Applegate read Temp. Reso. #4376 by title. C/M Gottesman MOVED to ADOPT Temp. Reso. #4376, SECONDED by C/M Stein. ALL VOTED AYE c) City Attorney Applegate read Temp. Reso. #4371 by title. C/M Stein MOVED to ADOPT Temp_ Reso. #4377, SECONDED Gottesman. PUBLIC HEARINGS ALL VOTED AYE by C/M 34. MOTION TO ADOPT so. #4326 relating to a request by BUDGETEL INN for limited waiver to the provisions of Chapter 18 of the Code to permit a reduction from 1-1/4 parking spaces to 1 parking space per room and to waive the requirement for loading zones for a proposed motel to be located on the south side of Commercial Boulevard, east of NW 38 Terrace and adjacent to Sun Bank. Petition #14-Z-86. (Public Hearing tabled from 11/12/86) SYNOPSIS OF ACTION: RESOLUTION NO. R-86-434 - PASSED APPROVED. Public Hearing Held. City Attorney Applegate read Temp. Reso. #4326 by title. C/M Stein MOVED to ADOPT Temp. Reso. #4326, SECONDED by V/M Stelzer. Mark Thompson, Representative from Darby and Way, said the site would be located on the south side of Commercial Boulevard and the Hotel would consist of 102 rooms with a Managers Office. He said one parking space per room would be needed, however, the City of Tamarac requires a 1.2 parking space per room. He said with a 100% capacity and all of the Staff, there would be no need for 130 spaces required and only 105 to 110 spaces would be required. He said the request is to reduce the parking 10% of the requirement.. He mentioned there would be no outside deliveries except the vendors for the machines, which would park in the required spaces. He mentioned fire lanes were provided at the request of the Fire Department. Mayor Hart opened and closed the public hearing with no response. Mayor Hart asked if there would be any public functions that would require additional room and Mr. Thompson replied no. I- 11 Ll 11/26/86 /Pw VOTE: C/M Gottesman asked what provisions were being made for vehicles such as mini -vans and Mr. Thompson explained the reduction request would be for the number of parking spaces, not the size of the spaces. C/M Gottesman asked if a provision would be made for the turn around of the Fire Department Vehicles and Mr. Thompson said a 360 degree circulation would be provided along the site with a 47-foot turning radius for the largest vehicle the Fire Department could have. He said the requirement had been requested by the Fire Department for the circulation and turning radius to be shown on the site approved by the Fire Depart meat. C/W Massaro asked if a coffee shop would be in the Hotel and Mr. Thompson replied no. C/M Gottesman - Aye C/M Stein - Aye C/W Massaro - Nay V/M Stelzer - Aye Mayor Hart - Aye 35. MOTION TO ADOPT Temp. Reso. #43 9 relating to a request by MIDWAY PLAZA ASSOCIATES, LTD., for a special exception to allow a dry cleaning establishment in Building B, Bay 4, of Midway Plaza, which is zoned B--2. Petition #22-Z-86. SYNOPSIS OF ACTION: RESOLUTION NO. R-86-435 -- PASSED APPROVED. Public Hearing Held City Attorney Applegate read Temp. so 4379 by title. * V/M Stelzer MOVED to ADOPT Temp. Reso. #4379, SECONDED by C/M * Stein. Mayor Hart opened and closed the Public Hearing with no response. VOTE: ALL VOTEDAYE 36. MQ_TIQN TO AD PT T so #4380 relating to a request by MIDWAY PLAZA ASSOCIATES, LTD., for a special exception to allow a Chinese restaurant in Building A, Bay 20, of Midway Plaza, which is zoned B-2. Petition #23-Z-86. SYNOPSIS OF ACTION: RESOLUTION NO. R-86-436 - PASSED APPROVED. Public Hearing Held City Attorney Applegate read Temp. Reso,_„t4380 by title. * V/M Stelzer MOVED to ADOPT Temp,-Reso. #4380, SECONDED by C/W * Massaro. Mayor Hart opened and closed the public hearing with no response. TE: ALLTED AYE 37. MQTIO-N TO ADOPT_T-mp. Reso. _#4381 relating to a request by MIDWAY PLAZA ASSOCIATES, LTD., for a special exception to allow on -premises consumption of alcoholic beverages in a proposed Chinese restaurant in Building A, Bay 20, of Midway Plaza, which is zoned B-2. Petition #24--2-86. -7- 11/26/86 /pw SYNOPSI,9 OFACTION: APPROVED and AUTHORIZED the City Attorney to look into the transferring of alcoholic beverage special exception. Public Hearing Held. RESOLUTION R-86-437 - PASSED City Attorney Applegate read Temp.Res , #4381 by title. * C/M Stein MOVED to ADOPT Temp, es #4381, SECONDED by C/W * Massaro. Mayor Hart opened and closed the public hearing with no response. C/M Gottesman asked if the hours would be in regulation of the City Code regarding alcoholic beverages and Mr. Brady replied yes. C/M Stein asked City Attorney Applegate if he were satisfied with the Resolution regarding the City Code and he said yes. VOTE: ALL_yQTED AYE C/W Massaro asked the City Attorney to look into the transferring of alcoholic beverages and Mr. Applegate said he would report back to Council with the information. 38. a) MOTION T ACCEPT Affidavits of Publication and Posting for Temp. Ord. #1299. b) NOTION TO AD PT -Temp. d 1299 on second reading relating to a request by BRADLEY CONSTRUCTION CO., INC., Petition #18-Z-86, to rezone the recreation area for UNIVERSITY CLUB, which is located on University Drive at NW 81 Street, from R-4A (Planned Apartments) to S-1 (Open Space/Recreational). SYNOPSIS OF ACTION: ORDINANCE NO. 0-86-63 - PASSED ACCEPTED Affidavits. b) APPROVED Temp. Ord. #1299 on second reading. Public Hearing Held. * a) V/M Stelzer MOVED to ACCEPT Affidavits of Publication and * Posting, SECONDED by C/M Stein. VOTE: TE: ALL VOTE AYE b) City Attorney Applegate read Tem . Ord,-#1299 by title. Mayor Hart opened and closed the public hearing with no response. C/M Stein MOVED to ADOPT Tem Ord,.#1299 on second reading, SECONDED by V/M Stelzer. ALL VOTED AYE 1 1 11/26/86 /pw 23. CLAI M T 1 T_.ADDITI a) MOTION TO ADOPT Temp. Rgso..-#4393 approving the site plan. b) MOTION TO ADOPT_Temp. Resp. -#43244 approving the plat. c) M TIO TO APP OVE the landscape plan. d) MOTION TO APPROVE the Water and Sewer Developers Agreement. e) M TI N 0 AD PT T so 4395 accepting a Public Safety Ingress/Egress Easement. f) MOTION TQ ADP T es 4326 accepting a Declaration regarding private streets within this development. (to be located on the north side of NW 71 Place at NW 108 Terrace) YN P I OFACTION: RESOLUTION N0. R-86-416 - PASSED RESOLUTION NO. R-86-417 -- PASSED RESOLUTION NO. R-86-418 - PASSED APPROVED a) through f). RESOLUTION NO. R--86-419 - PASSED f) City Attorney Applegate read TeMR. Reso... #4396 by title. Thelma Brown, City Planner, said Staff recommended approval of this project. * * C/M Stein MOVED to ADOPT Temp. Reso #4396, SECONDED by C/M Gottesman. C/W Massaro asked Ms. Brown if there were sidewalks provided and Ms. Brown said sidewalks were completely provided. VOTE: A L VOT D YE e) City Attorney Applegate read Tem eso. #4395 by title. * * C/W Massaro MOVED to ADOPT Tem C/M Stein. P.Res-Q. #4395, SECONDED by YD TE: ALL VOTED YE d) C/M Stein MOVED to APPROVE the Water and Sewer Developer's Agreement, SECONDED by C/M Gottesman. C/W Massaro asked Ms. Brown if the money due on this Agreement was paid and Ms. Brown replied, yes. TE. ALL VOTES AYE * c) * V/M Stelzer MOVED to APPROVE the Landscape Plan, SECONDED by C/W Massaro. VOTE: ALL VOTED AYE b) City Attorney Applegate read Tgmp, Rgso. #4394 by title. * * C/M Gottesman MOVED to ADOPT Te Stein. MR. , es4^ #4394, SECONDED C/M VOTE: ALL VOTED AYE a) City Attorney Applegate read Temp. so. 4393 by title. * C/M Stein MOVED to ADOPT Temp, Resos #4392, SECONDED by V/M Stelzer. VOTE: ALL VOTED AYE -9 - 11/26/86 /pw 28. FOUNTAINS CORPORATE CENTE a) MOTION TO ADOPT T s 4401 approving the site plan. b) NOTION -TO ADOPT Tgnip. Regg,--#4402 approving the plat. c) MOTION TO APPROVE the landscape plan. d) MOTI2N TO ADOPT Tpmp. Reso,4405 approving an amendment. e) MQTIQN TO APPROVE the Water and Sewer Agreement. f) MOTION TO APPROVE the Water Retention Agreement. g) MOTION TO AD PT T so 4403 accepting a Blanket Public Safety Ingress/Egress Easement. h) MOTIO TO ADOPT Temp, Reso. #4404 accepting a Blanket Water and Sewer Utility and Drainage Easement. (to be located on the north side of Commercial Boulevard and extending west from the southern terminus of the S-curve at NW 57 Street -- approximately 638 lineal feet of frontage on Commercial Boulevard) SYNOPh9IS OF ACTIO : RESOLUTION NO. R--86-424 - PASSED RESOLUTION NO. R-86-425 - PASSED RESOLUTION NO. R--86-426 - PASSED RESOLUTION NO. R--86-427 - PASSED APPROVED a) through h). RESOLUTION NO. R-86-428 - PASSED h) City Attorney Applegate Temp. eso. #4404 by title. V/M Stelzer MOVED to ADOPT Temp. Reso. #4404, SECONDED by C/W Massaro. Thelma Brown, City Planner, said Staff recommends approval of this project. Michael Shiff, representative for the Developer, said after meeting with the Board of Director's for Bermuda Club and the residents of the area, there were satisfied agreements made for the project. Bernie Simms, President of Bermuda Club, said he would recommend approval of this project. C/W Massaro asked Ms. Brown if fees are still remaining on this project and Ms. Brown replied they were paid. V TE: ALL VOTED AYE g) City Attorney Applegate read TQMP. Res-o. #4403 by title. V/M Stelzer MOVED to ADOPT Temps es, #4403, SECONDED by C/W Massaro. VOTE: ALL VOTED AYE f) V/M Stelzer MOVED to APPROVE the Water Retention Agreement, SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE e) V/M Stelzer MOVED to APPROVE the Water and Sewer Agreement, SECONDED by C/M Gottesman. VOTE: ALL V TED AYE 11/26/86 /pw d) City Attorney Applegate read Temp. RgsQ._ #4405 by title. * C/M Gottesman MOVED to ADOPT Temp. Reso. #4405, SECONDED by * C/M Stein. V TE: ALL VOTED AYE * c) V/M Stelzer MOVED to APPROVE the Landscape Plan, SECONDED by * C/W Massaro. VOTE: ALL VOTED AYE b) City Attorney Applegate read Temp. Reso.,#4402 by title. C/M Gottesman MOVED to ADOPT TeMp. Reso. #4402, SECONDED by V/M Stelzer. VOTE: ALL TED AYE a) City Attorney Applegate read Temp, esp, ##401 by title. * V/M Stelzer MOVED to ADOPT Temp. Reso. #44.01, SECONDED by * C/M Gottesman. C/W Massaro asked Ms. Brown if the walls and beautification had been reviewed and approved and Ms. Brown replied, yes. VOTE: ALL VOTED AYE 3. MOTION TO ADOPT Temp. peso.- #4382 releasing the following cash bonds posted by LAKES OF CARRIAGE HILLS for beautification: a) Building #5 - $25,458.00 b) Building #11 - $18,650.00 SYNOPSIS OF ACTION: APPROVED a) and b). RESOLUTION NO. R-86-400 -- PASSED 4. a) MOTION TO ADOPT Temp. Reso. #4382 repealing Resolution R- 82-20 which approved and accepted a 15-foot non-exclusive water and sewer easement for the WESTVIEW AT COLONY WEST/PARCEL R project. b) MOTION TO ADOPT Temp. Reso. #4368 repealing Resolution R--82-21 which approved and accepted a 15-foot non- exclusive drainage easement for the WESTVIEW AT COLONY WEST/PARCEL R Project. YNOP Z F ACTIO : RESOLUTION NO. R-86--401 - PASSED RESOLUTION NO. R-86-402 PASSED APPROVED a) and b). 5. MOTION .TO ADOPT hemp. _Reso, #4383 granting an exception permit in lieu of satisfying the platting requirements in Chapter 20 of the Code requested by BAER'S FURNITURE for interior renovation work. SYNOPSIS OF .ACTION: APPROVED. RESOLUTION 86-403 - PASSED 6. MOTION TO APPROVE the following minutes: a) 10/22/86 - Regular Meeting b) 10/27/86 - Regular Meeting SYNOPSIS OF ACTION: APPROVED. -11- 11/26/86 /pw 7. MOTON__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 48 (WATERFORD AT WOODMONT) Facility #2. SY P I F ACTI APPROVED for a six month period from 12/6/86 and to expire 6/6/87. 8. MOTION__TO_APPROVE the purchase of an IBM PC computer and associated material, plus printer, under State Contract #250-04-86-1, in the amount of $5,300.00. SYNOPSIS OF ACTION: APPROVED. 9. MOTION TO AUTHORIZE the additional expenditure of $9,566.54 for the complete repair of the fire pump and booster tank of Engine 1 (Unit 303) ($7,088.00 approved by Council on 11/12/86). SYNQP5I5 OF ACTION: APPROVED. 10. M TI N T D PT eso. #4348 objecting to the creation of State Road 7 (U.S. 441) as a toll road between north of Holmberg and the Broward/Palm Beach County Line. SYNOPSIS OF ACTION: APPROVED. RESOLUTION 86-404 -- PASSED 11. MQT—IQN- TO ADOPT Temp.. peso. _ #4390 calling performance Letter of Credit #M-1319 in the amount of $3,841.75 posted for public improvements at WOODMONT TRACT 48 (WATERFORD AT WOODMONT). SYNOPSIS OF ACTION: REMOVED as improvements covered under this bond are also covered under another bond. (See Page 1) 12. a) MOTION TO APPROVE a Water and Sewer Developers Agreement for CHRISTIAN LIFE CENTER. b) MQTION _TQ ADOPT Temp.._ Reso. #4341 accepting a Tamarac Utilities East Sewer Utility Easement offered by CHRISTIAN LIFE CENTER, for Tamarac Utilities East Pump Station #3. c) MOTION TO„ADOPT P „Tem fig� so 14342 accepting a Tamarac _._ . _. Utilities East Ingress/Egress Easement offered by CHRISTIAN LIFE CENTER, INC., for TUE Pump Station #3 (tabled on 10/22/86). SYNOPSIS OF ACTION: RESOLUTION NO. R-86-405 - PASSED RESOLUTION NO. R-86--406 PASSED APPROVED a), b) and c). 13. MOTION TO ADOPT Temp. Reso. #4384 accepting a Tamarac Utilities West Water and Sewer Utility Easement offered by KODE FLORIDA, LTD. I, for the Northwest Force Main Project #84-6. SYNOPSIS OF ACTION: RESOLUTION NO. R-86-407 - PASSED APPROVED. -12- 11/26/86 /Pw Ll C 1 14. MOTION -TO ADOPT Temp. _Egso,#4385 accepting a Water and Sewer Utility and Drainage Easement offered by REGINA DEVELOPMENT CORP., for the University Drive Utility Relocation Project #86-2. SYNQP5IS OF ACTI APPROVED. RESOLUTION NO. R--86-408 - PASSED 15. MOTION_ TO ADAPT Temp. Resp. #4386 accepting a Tamarac Utilities East Pump Station and Utility Easement offered by Neil and Helen Joyce Bilbe for the Tamarac Pump Station Rehabilitation Project #84-21. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-86-409 - PASSED 16. a) MQTION TO ADOPT Temp. Reso. #4387 accepting a Tamarac Utilities West Water and Sewer Utility easement offered by CONCORD VILLAGE RECREATION ASSOCIATION for the 201 Force Main Project #86-5. b) MQTION TO ADOPT Temp. Reso. #4388 accepting a Tamarac Utilities West Pump Station and Utility easement offered by CONCORD VILLAGE RECREATION ASSOCIATION for the 201 Force Main Project #86-5 and University Drive Utility Relocation Project #86-2. c) M TI D PT em . Reso. #4389 authorizing execution of a Preliminary Agreement with CONCORD VILLAGE RECREATION ASSOCIATION pertaining to the work in con- nection with the University Drive Utility Relocation Project #86-2. SYNOPSIS OF ACTION: RESOLUTION NO. R-86-410 - PASSED RESOLUTION NO. R-86-411 - PASSED RESOLUTION NO. R-86-412 - PASSED APPROVED. 17. MOTION -TO AUTHORIZE final payment of design fees in the amount of $4,950.00 to Hazen and Sawyer for Project #87-8, Tract 27 Electrical Vault, F. P. & L. SYNOPSIS OF ACTION: APPROVED. 18. a) MOTION TO ADOPT TeMp. gg so_._#4391 granting an easement to Florida Power & Light Company for electrical service to the electrical vault for Tract 27 water tank and recreation facilities for Project #84--19. b) MOTION TO ADOPT Temp. Reso. #4392 payment to Florida Power & Light Company in the amount of $897.00 for the cost differential for providing electric facilities underground rather than overhead for Project #84-19. BYNOPSIS OF ACTION: APPROVED a) and b). RESOLUTION NO. R-86-413 - PASSED 19. MOTION TO ADOPT_Temp. Rg sox_.#4408 approving an agreement with INTERTRES, N.V., to allow the property at the southwest corner of University Drive and NW 61 Street to be used by the City and its contractors while work on University Drive is in progress. SYNOPSIS OF ACTION: RESOLUTION NO. R-86-414 - PASSED APPROVED. VOTE: ALL VOTED AYE --13- 11/26/86 / /pw V/ 20. MOTION TO ACCEPT a settlement offered by SOUTHERN FIRE ADJUSTERS for damage to two City Vehicles. SY PST F ACTI ACCEPTED settlement for 50% of the $1,483.19 in damage. City Attorney Applegate said the offer of 50% settlement is being recommended to Council for the accident involving two City of Tamarac Police Cars and two City of Sunrise Police Cars. * V/M Stelzer MOVED APPROVAL of this settlement, SECONDED by * C/M Stein. VOTE: ALL VOTED AYE 22. MOTION TO ADOPT Temp.- Reso. #4361 granting an extension of one-year approval for the final site plan for MCNAB CORNERS (tabled on 11/12/86). SYNOPSIS OF ACTION: APPROVED providing the Developer pays all fees by December 23, 1986. The City Attorney will provide an amendment to the Resolution. RESOLUTION NO. R-86-415 - PASSED City Attorney Applegate read TemP._Rgsox_ #4361 by title. V/M Stelzer said the lot clearing revenues on this item had not been paid and asked what would happen if the extension would not be approved. Richard Potash, Attorney for the Developer, said the current owners sold the development to Kode Flordia Limited, 1 and closing had not occurred on the property. He said because of the delay in closing. An extension of the site and the lot clearing had recently been submitted to his client. He asked for approval of extension conditioned upon the payment of the applicable fees. * C/W Massaro MOVED to TABLE Tgmp. Rgso. #4361 providing that * the Developer agrees that all fees be paid by December 9, * 1986. She asked if Mr. Postash's client would be able to * meet the deadline and he said if they could achieve a bridge * loan in connection with the closing, the fees could be paid * by December 10, 1986. She said otherwise, the fees could not * be paid until the closing, which would be in the middle of * December. C/W Massaro changed her MOTION to APPROVE Temp. * Reso, #4361 providing the Developer pays all --applicable fees * no later than December 23, 1986, SECONDED by C/M Stein. VOTE: ALL VOTED AYE 24. MOTION TO ADOPT_ Temp. Reso. #4397 approving a revised site plan for TAMARAC SQUARE WEST reflecting revision to the square footage of Bays B and C for Walgreen's Drug Store. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-86-420 - PASSED City Attorney Applegate read Temp. Reso. #4397 by title. Bob Jahn, Chief Building Official, said Staff recommends approval. 11/26/86 /Pw �' V/M Stelzer MOVED to ADOPT es #4397, SECONDED by C/M Gottesman. F1 1 VOTE: ALL VOTED AYE 25. MOTION TO ADOPT Temp. Reso. #4398 approving a revision to BONAIRE AT WOODMONT TRACTS 74/75 Site Plan #5 reflecting revision to parking configuration. SYNOP5I5 QF ACTION: APPROVED. RESOLUTION NO. R-86-421 - PASSED City Attorney Applegate said an amendment for the Resolution on Item 22 would be provided and he read Temp. Reso. #4398 by title. Thelma Brown, City Planner, said Staff recommends approval of the site plan. V/M MOVED to ADOPT Temp. Reso. #4398, SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE 26. M TI N T ADOPT Temp. Reso. #4399 approving a revised site plan for SHELL OIL COMPANY to enlarge the retail sales area (located at the NW corner of Commercial Boulevard and NW 88 Avenue. APPROVED. RESOLUTION NO. R-86--422 - PASSED City Attorney Applegate read Temp. Reso, #4399 by title. V/M Stelzer MOVED to ADOPT TeMR. Regg.#4399, SECONDED by C/M Stein. C/M Gottesman asked if the Station would be an eye -sore with the addition and Ms. Brown said the neighbors around the Station requested the retail sales area for their convience. VOTE: ALL VOTED AYE 27. MOTION TO ADOPT Temp. Reso. #4400 relating to an appeal of the Planning Commission's denial of five (5) signs for the BEDDING BARN (two ground signs and three wall signs). BYNQPSIS OF ACTION: APPROVED. _. No Resolution was prepared on this item. City Attorney Applegate said there would be no Resolution for this item. He said providing the signs met with the City's Code, he felt the Planning Commission had no right denying the signs. He said a Motion could be for Council to reverse the findings of the Planning Commission. Thelma Brown, City Planner, said Bedding Barn would provide a reduction on the signs. C/W Massaro asked if three wall signs were allowed in the City Code and Bob Jahn, Chief Building Official, said, yes. C/M Stein suggested the sign on 57th Street be checked. C/M Stein MOVED to send this item back to Planning Commission with information and revisions offered by Bedding Barn, SECONDED by C/W Massaro. UTE • ALL VOTED„ AYE -15- 11/26/86 /Pw 32. MOTION T APOPT TeMR. Reso 4375 authorizing the execution of an Agreement with the Municipal Code Corporation pertaining to recodification of the City Code. SYNQPS I S OF ACTION: TABLED for further research from the City Manager and City Attorney. City Attorney Applegate read Temp. Reso. #4375 by title. C/W Massaro MOVED to TABLE this item so the City Manager and City Attorney could research this further, SECONDED by C/M Stein. TE • ALL `TOTED, AYE 33. NOTION TO ADOPT Te . Reso. #4392 awarding a bid for purchase of sixteen (16) 1987 Police patrol vehicles. SYNOPSIS OF ACTION: APPROVED awarding a bid to Ed Morse Chevrolet at $12,156.58 per vehicle for a total of $194,505.28 with an extended 36 month warranty. RESOLUTION NO. R-86-434 - PASSED City Attorney Applegate read Temp. Reso. #4392 by title. City Manager Kelly said Public Works Department had reviewed the bids and recommended Ed Morse Chevrolet for the purchase. C/M Stein MOVED to ADOPT TgMP. Reso_ #4392, SECONDED by C/W Massaro. VOTE: ALL _VOTED_ ,AYE 39. MOTION TO ADOPT Temp. Ord. #1300 on first reading relating to a request by I-95 HOME BUILDERS for vacation of a portion of a Utility, Drainage and Canal Maintenance Easement on Lot 91 of WOODMONT TRACT 57 at 8620 NW 77 Street. SYNOPSISOF ACTION: APPROVED on first reading. VOTE: City Attorney Applegate read em d #1300 by title. Thelma Brown, City Planner, said Council had asked for a survey to indicate where the house was located on the parcel of property and the need to have the portion of Utility Easement vacated. She said the reason for the vacating would be because the easement would not be necessary and the area would be needed for a swimming pool and patio. C/W Massaro MOVED to ADOPT T m d. #1300 on first reading, SECONDED by C/M Stein. ALL -VOTED AYE 44. MOTIQN TO APPOINT a member to the Code Enforcement Board. YNOP I OF ACTION: AGENDIZED by Consent. (See Page 1) APPROVED appointment of Louis J. Sohn for a term expiring June 25, 1988. Resolution will be on the 12/10/86 Agenda. 11/26/86 /pw City Attorney Applegate said a Resolution had not been prepared for this item, however, an appointment by MOTION could be made and a Resolution would be prepared to ratify the appointment for the next Council Meeting. * C/M Stein MOVED to APPOINT Louis J. Sohn as a member of the * Code Enforcement Board, SECONDED by C/W Massaro. VOTE: Vicki Beech, resident, said in the Tam -A -Gram, there was a misunderstanding. She said she knew of people who were interested, however, they would not apply because of the protection of the City for members of the board. C/W Massaro asked Mrs. Beech to clarify what she meant and Mrs. Beech said people felt the City would not protect the Board members for their decisions. City Manager Kelly said all the members of the boards are protected by the same policy as the City Council, City Manager and City Attorney. City Attorney Applegate said there could never be a guarantee that members of a board would not be sued, however, the Risk Manager would inform members of their coverage. He said Chapter 162 stated the Code Enforcement Board should have an architect whenever possible and it would not be mandatory. V/M Stelzer - Aye C/M Gottesman - Aye C/W Massaro - Nay C/M Stein - Aye Mayor Hart - Aye 45. MOTION TO ADOPT Temp. Reso. #4099 awarding a bid to P.I.C. Paving, Inc. for installation of an asphalt parking lot at Tamarac Veteran's Park. Bid #86-31. SYNOPSIS OF ACTION-: AGENDIZED by Consent. (See Page 2) APPROVED in the amount of $24,070.00. RESOLUTION R-86-439 - PASSED City Attorney Applegate read Temp. Reso. #4409 by title. C/W Massaro asked if this item were under the grant, City Manager Kelly answered, yes. * C/W Massaro MOVED to APPROVE Temp. Reso. #4099, SECONDED by * C/M Stein. VOTE: ALL YQTED AYE 40. OPEN PUBLIC FORUM -- Any member of the public who wishes to address the City Council at this time must, in advance of the time, give his/her name and address to the City Clerk. SPEAKERS: Melanie Rgynolds, resident, said while waiting for the Tamarac PAC meeting to start, three Tamarac Police Officers surrounded her and threatened to take her to the Broward County Jail. She said Bernie Hart, a member of PAC, tried to keep her from staying and, because she had paid her 1986 dues, she remained. She said Mr. Hart said he did not want her there because she belonged to an organization that had opposed PAC. -17- 11/26/86 /Pw C'Z 41. City Council Reports -- None 42. City Manager Reports - Mr. Kelly reported the appointment of Ray Briant as Fire Chief. C/W Massaro MOVED to APPROVE the appointment of Ray Briant as Fire Chief, SECONDED by C/M Stein. VOTE: ALL VOTED AY Mr. Kelly announced that starting December 8, 1986, a radio station would be doing a show concerning the City of Tamarac. Surf would be the radio station and the Host would be Muriel Rennick, Branch Manager for Hollywood Federal Savings. She asked Mr. Kelly and Mayor Hart to be the first guests on that day. C/M Stein suggested Mr. Kelly appoint a City Clerk and Mr. Kelly replied in December, a City Clerk would be appointed. 43. City Attorney Reports - Mr. Applegate reported on the first Code Enforcement meeting and said he was quite pleased with the meeting. Mayor Hart adjourned the meeting at 11: A.M. RNA MAYOR CAROL E. BARBUTO CITY CLERK "This public document was promulgated at a cost of $197.85 or $5.50 per copy to inform the general public and public officers and employees about recent opinions and considerations by the City Council of the City of Tamarac." CITY OF TAMARAC APPROVED AT MEETING OF ///`�/ 9-7 1/ 126/86 /pw 1 [ I