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HomeMy WebLinkAbout1989-12-06 - City Commission Regular Meeting Minutes0� .T R F U 60X 2 V)I(D -1A.MARAC FL.PRIGA 33320 RECORD OF COUNCIL ACTIONS/DISCUSSION CITY OF TAMARAC CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY, DECEMBER 6, 1989 CALL TO ORDER: 7:00 P.M. ANNOUNCEMENT OF TIME ALLOCATIONS - MOTIONS TO TABLE - The Chair at this time will announce those items which have been given a specific time to be heard, and will entertain motions from Council members to table those items which require research. Council may agendize by majority consent matters of an urgent nature which have come to Council's attention after publication. INTRODUCTION 1. a. PRESENTATION by Mayor Abramowitz of a proclamation designating the month of December, 1989, as "NATIONAL ASSOCIATION OF RETIRED FEDERAL EMPLOYEES SERVICE MONTH". b. PRESENTATION by Mayor Abramowitz of a proclamation designating the week of December 11 -- 17, 1989, as "WEEK OF THE READ CAMPAIGN". FINAL ACTION: a. PRESENTATION was made to Willard Zweig. b. PRESENTATION was made to Janet Hanson, President of the READ Campaign. CONSENT AGENDA 2. Items listed under Consent Agenda, Item 2, 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 items) 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. 10/31/89 - Special Meeting 2.. 11/06/89 - Special Meeting 3. 11/07/89 - Special Meeting FINAL ACTION: APPROVED 2.a.1., 2.a.2., 2.a.3. Page 1 12/06/89 2. b. MOTION TO APPROVE renewal of a model sales permit for WOODMONT TRACTS 74/75, Site Plans 1 and 3, for a six month period from 1/12/90 to 7/12/90. 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 12/25/89 to 6/25/90. FINAL ACTION: APPROVED. d. MOTION TO APPROVE renewal of a model sales permit for HIDDEN HARBOUR for a six-month period from 12/24/89 to 6/24/90. FINAL ACTION: APPROVED. Community Development e. MOTION TO ADOPT Temp Reso. #5615 approving the Frans er of a special excep ion to permit a restaurant at PLAZA DEL SOL, 8765 NW 57 Street, from Craig Carlino, d/b/a DaVinci's Italian Restaurant, to Robert P. Smith, President, d/b/a Peppino's Restaurant. FINAL ACTION: RESOLUTION NO. R-89-301 PASSED. APPROVED. f. MOTION TO APPROVE the attendance of Judy Yacobellis, Occupational Licensing Supervisor, at the Florida Association of Occupational Licensing Officials Second Annual State Conference on January 24-26, 1990, in Orlando, Florida. FINAL ACTION: APPROVED. Engineering/Utilities g. MOTION TO APPROVE Change Order #1 to the contract with Token Deve opmen , Inc., to extend the completion date by ninety (90) days for TUW Project 88-54A, A/C Water Line Replacement Along 61 Street, due to delays in work commencement; new completion date will be 3/4/90. FINAL ACTION: APPROVED. h. MOTION TO APPROVE Change Order #1 to the contract with utilities Services, Inc., to extend the completion date by thirty (30) days for TUE Project 87-13, Rehabilitation of Sewage Pump Stations 3E and 4E, due to delays by FP&L; new completion date is 12/18/89. FINAL ACTION: APPROVED. Page 2 12/06/89 11 2. i. MOTION TO ADOPT Tern . Reso. #5616_ approving an agreement with Varian Instrument Group for the sole source purchase of maintenance on selected gas chromatography equipment in the Water Treatment Plant in the amount of $4,061.25 for the period 10/1/89 through 9/30/90. FINAL ACTION: APPROVED RESOLUTION NO. R-89-302 PASSED. General. Administrative J. MOTION TO ADOPT Temp. Reso._#5626 requesting that Broward County Traffic Engineering Division implement a speed limit reduction from 30 MPH to 25 MPH on streets within Springlake Villas. FINAL ACTION: RESOLUTION NO. 89-303 PASSED. APPROVED. CONSIDERATIONS Personnel/Insurance 3. MOTION TO APPROVE the transfer of $5,545.00 from General Contingency Account #001-872-588-975 to Disability Insurance Account #001-872-519-45W to provide funding for October, 1989, long term disability insurance. FINAL ACTION: APPROVED. RESOLUTIONS City Council 4. MOTION TO ADOPT Temp. Reso. #5633 appointing an alternate member to the VETERANS AFFAIRS COMMITTEE. FINAL ACTION: RESOLUTION NO. R-89-304 PASSED. APPROVED appointing Wilfred G. Rohring as an alternate member for a term to expire June 20, 1990. Community Development 5. MOTION TO ADOPT Temp. Reso. #5595 approving a site plan and associated documents for WOODALE (tabled on 11/22/89). (to be located south of Nw 78 Street and east of NW 80 Avenue) FINAL ACTION: TABLED to the January 10, 1990 City Council Meeting at the request of the petitioner. 6. a. MOTION TO ADOPT Temp. Reso. #5617 approving a plat for the EXETER project. b. MOTION TO ADOPT Temp. Reso. #5627 approving a development order and associated documents for the EXETER project. (to be located on the south side of NW 80 Street between Nob Hill Road and NW 108 Terrace) FINAL ACTION: APPROVED a & b RESOLUTION NO. R-89-305 PASSED. RESOLUTION NO. R--89-306 PASSED. Page 3 12/06/89 7. a. MOTION TO ADOPT Temp. Reso. #5618 approving a plat for the KINGS POINT COMMERCIAL PARK project. b. MOTION TO ADOPT Temp. Reso. #5628 approving a development order and associated documents for the KINGS POINT COMMERCIAL PARK project. (to be located on the south side of NW 80 Street at Nob Hill Road) FINAL ACTION: APPROVED a & b RESOLUTION NO. R--89--307 PASSED. RESOLUTION NO. R-89--308 PASSED. 8. a. MOTION TO ADOPT Temp. Reso. #5619 approving a plat for the KINGS POINT PROFESSIONAL PLAZA FIRST ADDITION project. b. MOTION TO ADOPT Temp. Reso. #5629 approving a development order and associated documents for the KINGS POINT PROFESSIONAL PLAZA FIRST ADDITION project. (to be located on the south side of NW 77 Street at Nob Hill Road) FINAL ACTION: APPROVED a & b RESOLUTION NO. R-89-309 PASSED. RESOLUTION NO. R--89-310 PASSED. 9. a. MOTION TO ADOPT Temp. Reso. #5620 approving a plat for the LOMBARDY project. b. MOTION TO ADOPT Temp. Reso. #5630 approving a development order and associated documents for the LOMBARDY project. (to be located on the north side of NW 80 Street at Nob Hill Road. FINAL ACTION: APPROVED a & b RESOLUTION NO. R-89-311 PASSED. RESOLUTION NO. R-89-312 PASSED. 10. a. MOTION TO ADOPT Temp. Reso. #5621 approving a plat for the SEDGEFIELD project. b. MOTION TO ADOPT Temp. Reso. #5631 approving a development order and associated documents for the SEDGEFIELD project. (to be located on the west side of Nob Hill Road between NW 71 Place and NW 80 Street) FINAL ACTION: APPROVED a & b RESOLUTION NO. R-89-313 PASSED. RESOLUTION NO. R-89-314 PASSED. 1 1 Page 4 12/06/89 ENGINEERING/UTILITIES 11. a. MOTION TO ADOPT Temp. Reso #5622 approving an agreement with The Turbitrol Company for the sole source purchase of maintenance on selected computer equipment in the Water Treatment Plant in the amount of $9,000.00 for the period 10/1/89 through 9/30/90. b. MOTION TO ADOPT Temp. Reso. #5632 approving an agreement with The Turbitrol Company for the sole source purchase of a magnetic tape system and a colorgraphic terminal in the amount of $24,452.00 for the City's Telemetering System. FINAL ACTION: APPROVED a & b RESOLUTION NO. R-89-315 PASSED. RESOLUTION NO. R-89-316 PASSED. ORDINANCES PUBLIC HEARING - 7:30 P.M. Community Development 12. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1459 on second reading to vacate a 50-foot ingress/egress easement along NW 73 Manor within WOODMONT TRACT 74 for the WOODALE project (tabled on 11/22/89). FINAL ACTION: TABLED to the January 10, 1990 City Council Meeting at 7:30 P.M., at the request of the petitioner. 13. a. MOTION TO ACCEPT Affidavits of Publication and Posting for Temp._Ord. 14666. Petition #34-Z-89 b. -� _- ]a. Ord. PUBLIC HEARING MOTION Tem #1466 on second reading concerning a request by YOLA y YOLANDA MAURER to rezone lands on the south side of Mc Nab Road, adjacent to the existing shopping center at the southwest corner of Mc Nab Road and Nab Hill Road, from R-3 (Low Density Multiple Dwelling) to LI-1 (Light industrial) to conform to the Broward County Land Use Plan. Petition #34-Z-89 FINAL ACTION: a. ACCEPTED affidavits. ORDINANCE NO. 0-89-42 PASSED. b. APPROVED on second reading. Public hearing was held. 14. a. MOTION TO ADOPT Temp. Reso. #5614 accepting Deed Restrictions offered by Tract 24 Associates in conjunction with Petition #31-Z-89 (tabled on 11/22/89). b. MOTION TO ACCEPT Affidavits of Publication and Posting for Temp. Ord. 1464. Petition #31-Z-89 (tabled on 11/22/89 c. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1464 on second reading concerning a request by TRACT 24 ASSOCIATES to rezone lands at the southeast corner of Nob Hill Road and NW 81 Street from R 3U (Rowhouse) to R-4A (Planned Apartments. Petition #31-Z-89 (tabled on 11/22/89) FINAL ACTION: a. APPROVED RESOLUTION NO. R--89-317 PASSED. b. ACCEPTED Affidavits. C. APPROVED on second reading. Public hearing was held. ORDINANCE NO. 0-89--43 PASSED. Page 5 12/06/89 15. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1463 on first reading to provide for a development order for a development of regional impact to be known as WESTPORT and to be located on approximately 158 acres bordered by the Sawgrass Expressway to the west, Commercial Boulevard to the south and Nob Hill Road to the east. FINAL ACTION: APPROVED as amended on first reading. Second reading and public hearing will be held on December 21, 1989 at 7:30 P.M. Public hearing was held. END OF PUBLIC HEARINGS Communitv Develor)ment 16. MOTION TO ADOPT Temp. Ord. #1468 on first reading to amend Ordinance 0-89--23 concerning a rezoning requested by FUNDAMENTAL HOPKINS EASTON LTD. #11 for a 4-acre parcel at the southeast corner of VISUAL GRAPHICS PARK at Commercial Boulevard and NW 94 Avenue from M-2 (Medium Industrial) to B-3 (General Business) to provide for utilizing the 20% flexibility provision for commercial uses in industrial land use area after the adoption of the Tamarac Comprehensive Plan by the City Council and the certification of the Comprehensive Plan by the Broward County Planning Council. Petition #14-Z-89 FINAL ACTION: APPROVED on first reading. Second reading and public hearing will be held on December 21, 1989 at 7:30 P.M. OPEN PUBLIC FORUM 17. 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. REPORTS 18. City Council 19. City Manager 20. City Attorney * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * The City Council may consider and act upon such other business as may come before it. In the event this agenda must be revised, such revised copies will be available to the public at the City Council meeting. Pursuant to Chapter 286.0105, Florida Statutes, if a person decides to appeal any decision made by the City Council with respect to any matter considered at such meeting or hearing, he may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is based. Carol A. Evans City Clerk Page 6 12/06/89 CITY OF TAMARAC CITY COUNCIL REGULAR MEETING WEDNESDAY, DECEMBER 6, 1989 CALL TO ORDER: Mayor Abramowitz called this meeting to Order on Wednesday, December 6, 1989 at 7:00 P.M. in the Council Chambers. MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Abramowitz called for the Pledge of A egiance o lowe�y a Moment of Silent Meditation. PRESENT: ALSO PRESENT: Mayor Norman Abramowitz Vice Mayor Dr. H. Larry Bender Councilman Bruce Hoffman Councilman Henry Rohr Councilman Jack Stelzer John P. Kelly, City Manager Richard Doody, City Attorney Patricia Marcurio, Office Manager/ City Clerk's Office Pauline Walaszek, Special Services Secretary INTRODUCTION 1. a. PRESENTATION by Mayor Abramowitz of a proclamation designating the month of December, 1989, as "NATIONAL ASSOCIATION OF RETIRED FEDERAL EMPLOYEES SERVICE MONTH". SYNOPSIS OF ACTION: PRESENTATION was made to Willard Zweig. Mayor Abramowitz read the proclamation and presented it to Willard Zweig. Willard Zweig thanked the City Council for the proclamation on behalf of Chapter 1698, National Association of Retired Federal Employees Service. 1. b. PRESENTATION by Mayor Abramowitz of a proclamation designating the week of December 11, 1989 as "WEEK OF THE READ CAMPAIGN". SYNOPSIS OF ACTION: PRESENTATION was made to Janet Hanson, President, and Irving Katz, Representative, of the Read Campaign. Mayor Abramowitz read the proclamation and presented it to Mr. Katz. Mr. Katz said he would like to present the proclamation to Janet Hanson, President of the Read Campaign. Janet Hanson, President of the Read Campaign, thanked the City Council for the proclamation. She said Tamarac was the only City in Broward County which designated a week for the Read Campaign. She submitted workbooks from the children in the organization to Mayor Abramowitz. Page 1 12/6/89-pw CONSENT AGENDA - ITEM 2 a. through j. City Clerk 2. a. MOTION TO APPROVE the minutes of the following Casty CCouncTkmeetings: 1. 10/31/89 - Special Meeting 2. 11/06/89 - Special Meeting 3. 11/07/89 - Special Meeting SYNOPSIS OF ACTION: APPROVED 1., 2. and 3. b. MOTION TO APPROVE renewal of a model sales permit for WOODMONT TRACTS 74/75, Site Plans 1 and 3, for a six month period from 1/12/90 to 7/12/90. SYNOPSIS OF ACTION: APPROVED. c. MOTION TO APPROVE renewal of a model sales permit for BOARKWALK APARTMENTS (CONCORD VILLAGE II) administrative facility, Building 10, Unit 8650, for a six month period from 12/25/89 to 6/25/90. SYNOPSIS OF ACTION: APPROVED. d. MOTION TO APPROVE renewal of a model sales permit oo HIDDEN HARBOUR for a six month period from 12/24/89 to 6/24/90. SYNOPSIS OF ACTION: APPROVED. Community Development e. MOTION TO ADOPT Temp. Reso. #5615 approving the transfer of a special exception to permit a restaurant at PLAZA DEL SOL, 8765 NW 57 Street, from Craig Carlino, d/b/a DaVinci's Italian Restaurant, to Robert P. Smith, President, d/b/a Peppino's Restaurant. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-89-301 - PASSED f. MOTION TO APPROVE the attendance of Judy Yacobellis Occupational Licensing Supervisor, at the Florida Association of Occupational Licensing Officials Second Annual State Conference on January 24-26, 1990, in Orlando, Florida. SYNOPSIS OF ACTION: APPROVED. Engineering/Utilities g. MOTION TO APPROVE Change Order #1 to the contract with Token Development, Inc., to extend the completion date by ninety (90) days for TUW Project 88-54A, A/C Water Line Replacement Along 61 Street, due to delays in work commencement; new completion date will be 3/4/90. SYNOPSIS OF ACTION: APPROVED. 1 1 1 Page 2 12/6/89-pw 1 1 h. MOTION TO APPROVE Change Order #1 to the contract with Utilities Services, Inc., to extend completion date by thirty (30) days for TUE Project 87-13, Rehabilitation of Sewage Pump Stations 3E and 4E, due to delays by FP&L; new completion date is 12/18/89. SYNOPSIS OF ACTION: APPROVED. i. MOTION TO ADOPT Temp. Reso. #5616 approving an agreement with Varian Instrument Group for the sole source purchase of maintenance on selected gas chromatography equipment in the Water Treatment Plant in the amount of $4,061.25 for the period 10/1/89 through 9/30/90. SYNOPSIS OF ACTION: APPROVED. General Administrative RESOLUTION NO. R-89-302 - PASSED j. MOTION TO ADOPT Temp Reso. #5626 requesting that Broward County Traffic Engineering Div lion implement a speed limit reduction from 30 MPH to 25 MPH on streets within Springlake Villas. SYNOPSIS OF ACTION: RESOLUTION NO. R-89-303 - PASSED APPROVED. * C/M Hoffman MOVED to APPROVE Consent Agenda, Item 2 a. * through j., SECONDED by V/M Bender. VOTE: CONSIDERATION Personnel/Insurance ALL VOTED AYE 3. MOTION TO APPROVE the transfer of $5,545.00 from General Contingency Account #001-872-588-975 to Disability Insurance Account #001-872-519--45W to provide funding for October, 1989, long term disability insurance. SYNOPSIS OF ACTION: APPROVED. * V/M Bender MOVED to APPROVE this Item, SECONDED by C/M Hoffman. City Manager Kelly said during the budget process, the City Council approved the deletion of the Long Term Disability Insurance. He said this was done because the Police Department no longer existed and the premium was increased by approximately $60,000.00. He said the coverage was extended until November, 1989, and the request was for approval to transfer monies from the Contingency Account to the Disability Insurance Account to pay for the Long Term Disability Insurance. VOTE: ALL VOTED AYE RESOLUTIONS City Council 4. MOTION TO ADOPT Temp. Reso. #5633 appointing an alternate member to tz�e`VETERANS AFFAIRS COMMITTEE. Page 3 12/6/89-pw SYNOPSIS OF ACTION: RESOLUTION NO. R-89-304 - PASSED APPROVED the appointment of Wilfred G. Rohring as an Alternate member for a term to expire June 20, 1990. City Attorney Doody read Temp. Reso. #5633 by title. * C/M Rohr MOVED to APPROVE Temp. Reso. #5633, SECONDED by * V/M Bender. C/M Hoffman recommended that Wilfred G. Rohring be appointed as an Alternate to the Veterans Affairs Committee. VOTE: Community Development ALL VOTED AYE 5. MOTION TO ADOPT Temp. Reso. #5595 approving a site plan and associated documents for WOODDALE (tabled on 11/22/89). (to be located south of NW 78 Street and east on NW 80 Avenue) SYNOPSIS OF ACTION: TABLED at the of the applicant to the January 10, 1990 City Council meeting. City Attorney Doody read Tem]2. Reso. #5595 by title. Kelly Carpenter -Craft, Director of Community Development, said the applicant asked that this Item be Tabled until the January 10, 1990 City Council meeting. * C/M Hoffman MOVED to TABLE Temp. Reso. #5595 until the * January 10, 1990 City Council meeting, SECONDED by V/M Bender. VOTE: ALL VOTED AYE Mayor Abramowitz asked Kelly Carpenter -Craft, Director of Community Development, to explain Item 6 through 10. Mrs. Carpenter -Craft said Items 6 through 10 were boundary plats for parcels in Kings Point. Mayor Abramowitz said these Items were very unusual and Mrs. Carpenter -Craft said the City's approval was needed before the plats could be sent to Broward County for approval. 6. a. MOTION TO ADOPT Temp. Reso. #5617 approving a plat for the EXETER pz ject. b. MOTION TO ADOPT Temp. Reso. #5627 approving a development order and associated documents or the EXETER project. (to be located on the south side of NW 80 Street between Nob Hill Road and NW 108 Terrace) SYNOPSIS OF ACTION: RESOLUTION NO. R-89-305 - PASSED APPROVED a. and b. RESOLUTION NO. R-89-306 - PASSED City Attorney Doody read Temp. Reso. #5617 by title. * a. V/M Bender MOVED to APPROVE Temp. Reso. #5617, SECONDED by * C/M Hoffman. VOTE: ALL VOTED AYE Page 4 1 1 i 12/6/89-pw 1 1 1 City Attorney Doody read Temp. Reso. #5627 by title. * b. V/M Bender MOVED to APPROVE Temp Reso. #5627, SECONDED by * C/M Hoffman. VOTE: ALL VOTED AYE 7. a. MOTION TO ADOPT Temp. Reso. #5618 approving a plat for the KINGS POINT COMMERCIAL PARK project. b. MOTION TO ADOPT Temp. Reso. #5628 approving a development order and associated documents for the KINGS POINT COMMERCIAL PARK project. (to be located on the south side of NW 80 Street at Nob Hill Road) SYNOPSIS OF ACTION: APPROVED a. and b. * * * * RESOLUTION NO. R-89-307 - PASSED RESOLUTION NO. R-89-308 - PASSED City Attorney Doody read Temp. Reso. #5618 by title. a. V/M Bender MOVED to APPROVE Temp._ Reso. #5618, SECONDED by C/M Hoffman. VOTE: ALL VOTED AYE City Attorney Doody read Temp. Reso. #5628 by title. b. V/M Bender MOVED to APPROVE Temp. Reso. #5628, SECONDED by C/M Hoffman. VOTE: ALL VOTED AYE 8. a. MOTION TO ADOPT Temp. Reso. #5619 approving a plat for the KINGS POINT PROFESSIONAL PLAZA FIRST ADDITION project. b. MOTION TO ADOPT Temp. Reso. #5629 approving a development order and associated documents for the KINGS POINT PROFESSIONAL PLAZA FIRST ADDITION project. (to be located on the south side of NW 77 Street at Nob Hill Road) SYNOPSIS OF ACTION: APPROVED a. and b. RESOLUTION NO. R-89--309 - PASSED RESOLUTION NO. R-89-310 - PASSED City Attorney Doody read Temp. Reso. #5619 by title. * a. V/M Bender MOVED to APPROVE Tem.. Reso. #5619, SECONDED by * C/M Hoffman. VOTE: ALL VOTED AYE City Attorney Doody read Temp. Reso. #5629 by title. * b. V/M Bender MOVED to APPROVE Temp. Reso. #5629, SECONDED by * C/M Hoffman. VOTE: ALL VOTED AYE 9. a. MOTION TO ADOPT Temp. Reso. #5620 approving a plat for the LOMBARDY project. b. MOTION TO ADOPT Temp. Reso. #5630 approving a development order and associated documents for the LOMBARDY project. (to be located on the north side of NW 80 Street at Nob Hill Road) Page 5 12/6/89-pw SYNOPSIS OF ACTION: RESOLUTION NO. R-89-311 - PASSED APPROVED a. and b. RESOLUTION NO. R-89-312 - PASSED City Attorney Doody read Temp. Reso. #5620 by title. * a. C/M Rohr MOVED to APPROVE Temp. Reso. #5620, SECONDED by * C/M Hoffman. VOTE: ALL VOTED AYE City Attorney Doody read Temp. Reso. #5630 by title. * b. V/M Bender MOVED to APPROVE Temp. Reso. #5630, SECONDED by * C/M Hoffman. VOTE: ALL VOTED AYE 10. a. MOTION TO ADOPT Temp. Reso. #5621 approving a plat for the SEDGEFIELD project. b. MOTION TO ADOPT Temp. Reso. #5631 approving a development order and associated documents for the SEDGEFIELD project. (to be located on the west side of Nob Hill Road between NW 71 Place and NW 80 Street) SYNOPSIS OF ACTION: RESOLUTION NO. R-89-313 - PASSED APPROVED a. and b. RESOLUTION NO. R-89-314 - PASSED City Attorney Doody read Temp Reso. #5621 by title. * a. C/M Rohr MOVED to APPROVE Temp. Reso. #5621, SECONDED by * V/M Bender. VOTE: ALL VOTED AYE City Attorney Doody read Temp. Reso. #5631 by title. * b. V/M Bender MOVED to APPROVE Temp. Reso. #5631, SECONDED by * C/M Hoffman. VOTE: ALL VOTED AYE Engineering/Utilities 11. a. MOTION TO ADOPT Temp. Reso. #5622 approving an agreement wi�'tThe Turbitrol Company foz tSie sole source purchase of maintenance on selected computer equipment in the Water Treatment Plant in the amount of $9,000.00 for the period 10/1/89 through 9/30/90. b. MOTION TO ADOPT Temp. Reso. #5632 approving an agreement wi�t'i The Turbi rol Company fox tie sole source purchase of a magnetic tape system and a colorgraphic terminal in the amount of $24,452.00 for the City's Telemetering System. SYNOPSIS OF ACTION: RESOLUTION NO. R-89--315 - PASSED APPROVED a. and b. RESOLUTION NO. R-89-316 - PASSED City Attorney Doody read Temp. Reso. #5622 by title. * a. V/M Bender MOVED to APPROVE Temp. Reso. #5622, SECONDED by * C/M Hoffman. Bob Foy, Director of Utilities/Engineering, said the request was to approve a sole source contract with The Page 6 12/6/89-pw Turbitrol Company which would provide a maintenance service for several things at the Water Plant. He recommended approval of this Item. VOTE: ALL VOTED AYE City Attorney Doody read Temp. Reso. #5632 by title. * b. V/M Bender MOVED to APPROVE Temp. Reso. #5632, SECONDED by * C/M Hoffman. Bob Foy, Director of Utilities/Engineering, said this request was for a color monitor for the City's Telemetering System. He said the Water Plant was automated which allowed the manpower to be reduced to 1 person. He said there have been problems in the past and The Turbitrol Company acted on and corrected the problems expediently. He said the monitor would inform the Plant of any problems in the field with the pumps and he recommended approval. VOTE: ALL VOTED AYE At 7:28 P.M., Mayor Abramowitz RECESSED this meeting and RECONVENED at 7:32 P.M. with ALL PRESENT. ORDINANCES PUBLIC HEARING - 7:30 P.M. Community Development 12. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1459 on seconZ—reaUing to vacate a 50-mot ingress egress easement along NW 73 Manor within WOODMONT TRACT 74 for the WOODALE project (tabled on 11/22/89) SYNOPSIS OF ACTION: TABLED at the applicant's request to the January 10, 1990 City Council meeting at 7:30 P.M. City Attorney Doody read Temp. Ord. #1459 by title. Kelly Carpenter -Craft, Director of Community Development, said the applicant requested that this Item be Tabled until the January 10, 1990 City Council meeting. * V/M Bender MOVED to TABLE Temp. Ord. #1459 until the January -Te * 10, 1990 City Council meeting at 7:30 P.M., SECONDED by C/M * Rohr. VOTE: ALL VOTED AYE 13. a. MOTION TO ACCEPT Affidavits of Publication and Posting o Temp. Or 1466. Petition #34--Z-89 b. PUBLIC HEARING - MOTION TO ADOPT _Temp. Ord. #1466 on second re�a g concerning a request by YOLANDA MAURER to rezone lands on the south side of McNab Road, adjacent to the existing shopping center at the southwest corner of McNab Road and Nob Hill Road, from R-3 (Low Density Multiple Dwelling) to LI-1 (Light Industrial) to conform to the Broward County Land Use Plan. Petition #34-Z-89 SYNOPSIS OF ACTION: ORDINANCE NO. 0-89-42 - PASSED Public Hearing was held. a. ACCEPTED Affidavits. Page 7 12/6/89-pw * * * * b. APPROVED on second reading. a. V/M Bender MOVED to ACCEPT Affidavits of Publication and Posting for Temp. Ord. #1466, SECONDED by C/M Hoffman. VOTE; ALL VOTED AYE City Attorney Doody read Temp. Ord. #1466 by title. b. V/M Bender MOVED to APPROVE Temp. Ord #1466 on second reading, SECONDED by C/M Hoffman. Kelly Carpenter -Craft, Director of Community Development, said the request was to rezone 9.46 acres from R-3 (Low Density Multiple Dwelling) to LI-1 (Light Industrial). She said this rezoning would allow the parcel to be in conformance with the Tamarac Land Use Plan. She said the Planning Commission recommended approval at their November 1, 1989 meeting and she recommended approval. Mayor Abramowitz Opened and Closed the Public Hearing with no response. l 61" ALL VOTED AYE 14. a. MOTION TO ADOPT Teme. Reso. #5614 accepting Deed Restrictlans oTfered by Tract 24 Associates in conjunction with Petition #31-Z-89 (tabled on 11/22/89). b. MOTION TO ACCEPT Affidavits of Publication and Posting for TempOrd. #1464. Petition #31-Z-89 (tabled on 11/22/89). c. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1464 on first reading concerning a request by TRACT 24 ASSOCIATES to rezone lands at the southeast corner of Nob Hill Road and NW 81 Street from R-3U (Rowhouse) to R-4A (Planned Apartments). Petition #31-Z-89 (tabled on 11/22/89). SYNOPSIS OF ACTION: RESOLUTION NO. R-89-317 - PASSED Public Hearing was held. ORDINANCE NO. 0--89-43 - PASSED a. APPROVED. b. ACCEPTED Affidavits. c. APPROVED on first reading. City Attorney Doody read Temp. Reso. #5614 by title. * a. V/M Bender MOVED to APPROVE Temp. Reso. #5614, SECONDED by * C/M Hoffman. Kelly Carpenter -Craft, Director of Community Development, said she would like to address Items a. and c., as a unit. She said the Tract 24 Associates was requesting to rezone lands presently zoned R-3U (Rowhouse) to R-4A (Planned Apartments). She said the surrounding Land Uses were: North Commercial South Medium Density Residential (15 D/UA) East Low Medium Density (5 D/UA) West Medium Density Residential (15 D/UA) She said the plat was in process; however, it was being delayed until the rezoning request was acted upon. She said 4 out of 5 votes were needed to approve the request. Page 8 12/6/89-pw She said the applicant was allowed by Court Order to erect units of 500 square feet; however, to respond to the residents' concerns, the applicant voluntarily agreed to provide a Deed Restriction on the property which would provide the following: 1. No access on 96 Avenue, other than emergency vehicles. 2. No two-story buildings on 96 Avenue to protect the single-family homes across the street. 3. To erect units no smaller than 700 square feet. Mrs. Carpenter -Craft said the applicant offered to increase the size of the units from 500 square feet to 600 square feet; however, there were several objections. She said the landowner volunteered to increase the square footage to 700 and provide Deed Restrictions that would go with the land. She said the applicant was not a developer and the development on the land would not be known until the owner sold the property and a site plan was presented to the City. She said the Planning Commission denied this request. TAPE 2 Alan Kan, Attorney for the Petitioner, said the City Planner stated that the surrounding properties allowed 15 dwelling units per acre as well as residential. He said the Court mandated that 15 dwelling units per acre be allowed and the only zone in the City which would allow this was R-4A (Planned Apartments). He said the Petitioner has worked with the City in order to benefit the City. He said his client recognized the concerns of the City and surrounding residents and volunteered changes to address those concerns. Attorney Kan said he and two other people were partners and owned this property. He said they all were upstanding citizens, members of several organizations and they resented the fact that they were being accused of things, such as a flyer circulated throughout the City by IMPACT. He said he and his partners would not allow slums in the City and their other developments indicated this. He said the costs of the existing units were from $120,000.00 to $180,000.00 and $95,000.00 to $125,000.00. Attorney Kan suggested that the City Council's decision not be based on rumors about himself or his clients. He said if this occurred, appropriate action would have to be taken. He asked that the City Council's decision be based on the facts. C/M Hoffman said he would be affected most from this because he lived closest to the parcel. He said if he felt that a slum would be located on the parcel, he would fight to deny the request; however, he did not feel this would occur because the Petitioner volunteered restrictions on the land that would correct some of the concerns. He said the Petitioner could legally build units of 500 square feet; however, the developer increased the square footage to 700 square feet and the Petitioner volunteered not to provide ingress/egress on 94 Avenue as well. He said he had concerns regarding the provision allowing three --story buildings and the Petitioner reduced the building size to no more than two -stories on 94 Avenue. C/M Hoffman said the Petitioner went beyond what was required and made changes to benefit the City and the Page 9 12/6/89-pw residents in the area. He said the Petitioner could legally take this matter back into Court if the City Council denied the request which may be detrimental to the City. He said he would approve the request. C/M Rohr said the size of the units would be larger than what was allowed. He said the beautiful City of Coral Springs allowed units of 550 square feet. He said the Petitioner was offering to increase the size of the unit from 500 square feet to 700 square feet and he would approve this request for rezoning. Mayor Abramowitz said a Court Order provided that the site was allowed 300 units which was a vested right. He said pool politics should not be played with this matter because there were several developments throughout the City which had smaller square footage and were not slums, such as Tamarac Gardens, which had units of 675 square feet and Hidden Harbour which had units of 550 square feet. Mayor Abramowitz said the elected Officials were responsible for protecting the residents of the City to see that the law was followed. He said if the City did not follow the law, they were subject to penalties which would have to be paid by the residents. He said the City of Margate did not approve a Court Order and, when the matter was readdressed in Court, Margate paid and had more problems. Mayor Abramowitz said the project would not be a slum and the residents should not be frightened by the rumors. He said the developer was entitled to 300 units and the City would make sure that any future development was in the best interest of the City. Mayor Abramowitz Opened the Public Hearing. Carl Alper, Resident, said he did not find it appropriate that the City was being compelled to do what they did not want to do. He said the first Court Order issued by Judge Weissing provided that certain conditions were allowed on certain lands in the City; however, in 1986, this decision seemed to be overturned. He said the matter came before the Planning Commission at that time and the Commission denied the application. He said the Consulting City Attorney indicated that the Judge stated that in view of the changes in developing, the City of Tamarac would be governed by their current Code, which may be amended from time to time. City Attorney Doody said this was true on specific Court Orders, not all of them. He said this ruling pertained to those site plans that were not before the City Council for approval. He said the interpretation of the Consulting Attorney's comments was incorrect. He said the City Code should not be confused with the stipulations in the Court Orders. City Attorney Doody said he did not feel that the City Council should gamble with the Court Order because the results may be 300 units at 500 square feet. Jerry O'Shansky, Resident, asked what was going to be built on the property and Attorney Kan said this has not been decided because the Petitioner intended to sell the property. Page 10 12/6/89-pw Mr. O'Shansky had concerns with the noise, dirt and water pollution caused by additional buildings in the area. He said C/M Hoffman lived across the street from the development; however, his house was not facing the development. He said having multi -dwellings in the area would create a problem for the surrounding residents. C/M Hoffman asked Mr. O'Shansky what he suggested be placed on the property and Mr. O'Shansky said he would like to see homes built like the surrounding properties. C/M Hoffman said the property was not zoned for single --family homes and the Petitioner had the right to ask for what the Courts gave him. He said the Petitioner worked with the City and residents and he did not feel that there could be 300 units built on the property with the restriction that 700 square feet units would be built. C/M Hoffman said the City could condemn the property, charge the residents and place a park on the property; however, because of the Court Order, he felt that the Petitioner's voluntary restrictions were in the best interest of the City. He said when Hidden Harbour was proposed, there were objections to it; however, several people were pleased with the results. He said the Petitioner was asking the City Council to obey the Court Order. C/M Rohr said because the City was allowing 300 units on the property did not mean that 300 units would be built. He said the City Council was granting a minimum of 700 square feet per unit; however, the developer may feel that it was more profitable to build larger units. He said it was inappropriate to try and determine the outcome of the future. TAPE 3 C/M Stelzer said all of the residents complain about things; however, they never suggest an alternative. Anthony Grimaldi, Resident, suggested this request be denied because it was not in the best interest of the City or residents. He said there would be extra traffic generated by this type of development. He said the Planning Commission recently denied this request and the City Council should consider their recommendation. Mr. Grimaldi said the City Manager and City Council should not concern themselves in settling Cases, such as Comark, but be more concerned about settling matters, such as Court Orders that were not appropriate in the City. He said the Petitioner was only assisting C/M Hoffman by not providing an ingress/egress on 96 Avenue as well as a two-story building as opposed to a three-story building. Mr. Grimaldi asked that the City Council deny this application and noted that his statement was submitted by Joseph Schreiber, Resident, who could not be present; however, he supported Mr. Schreiber's comments. C/M Rohr said the Kings Point development created a lot of traffic in the City and there would be approximately 5,000 or more units built. He said the City Council would not approve anything that would not benefit the City. Page 11 12/6/89-pw Irving Katz, Resident, asked if the Petitioner was willing to conform with the existing City Codes and Mayor Abramowitz replied, yes. Mr. Katz said he was concerned with a site plan of 600 square feet units being approved and C/M Hoffman said if the site plan reflected anything less than 700 square feet, he may not approve it. Mayor Abramowitz said when a site plan was not available, the developer had to comply with the current City Codes. He said objections and concerns with the development could be discussed when the site plan was before the City Council. Joe Shear, Resident, asked C/M Hoffman if there would be ingress/egress on 96 Avenue and C/M Hoffman said the access on 96 Avenue would be for emergency vehicles only. Mr. Shear said the traffic on Nob Hill Road would become worse and C/M Hoffman said Kings Point would be contributing to the generated traffic. Abe Garr, Resident, said the City Council recently approved 5 developments for Kings Point and no one objected. He said the Petitioner went beyond his means to comply with the concerns of the City and residents and the property may not be sold for several years. He said there were scare tactics being used; however, the residents should know that a development could not be built on the property without being reviewed by the City staff to make sure that the City Codes were being complied with. Mayor Abramowitz Closed the Public Hearing with no further response. Mayor Abramowitz said he was disturbed with the Cardinal Industry matter and the City Council was being very careful to see that this did not occur again. He said the Petitioner has stated that their intent was not a slum development and would work to.protect the City's best interest. He said he could not predict what would be on the land; however, if he was Mayor during the time a development was being reviewed, he would see that it was in the best interest of the City. City Manager Kelly said the Deed Restrictions being presented to the City Council were not presented to the Planning Commission when they heard the Item. VOTE: ALL VOTED AYE * b. C/M Rohr MOVED TO ACCEPT Affidavits of Publication and Posting * for Tem . Ord. #1464, SECONDED by V/M Bender. VOTE: ALL VOTED AYE City Attorney Doody read Temp. Ord. #1464 by title. * c. V/M Bender MOVED to APPROVE Temp. Ord. #1464 on first reading, * SECONDED by C/M Hoffman. VOTE: ALL VOTED AYE Page 12 12/6/89--pw 15. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1463 on first reading to provide for a development order for a development of regional impact to be known as WESTPORT and to be located on approximately 158 acres bordered by the Sawgrass Expressway to the west, Commercial Boulevard to the south and Nob Hill Road to the east. SYNOPSIS OF ACTION: Public Heard g was held. APPROVED on first reading. City Attorney Doody read Temp. Ord. #1463 by title. * V/M Bender MOVED to APPROVE Temp. Ord. #1463 on first reading, * SECONDED by C/M Hoffman. Kelly Carpenter -Craft, Director of Community Development, said this request was to provide a development order for a development of regional impact to be known as Westport. She said the information in the development order was created by the State and South Florida Planning Council regulations. She said the Planning Commission heard the Item twice and recommended approval. She said the City Council was to hold a public hearing tonight and the December 21, 1989. She said the applicant was present and would like to review the Development Order with the City Council. Ed Stacker, Attorney for the Developer, thanked the City for recognizing the need for this Item to be heard on December 21, 1989. He thanked the City's staff for working with his staff to get this matter resolved. He exhibited a drawing of the proposed development to the public and City Council. Attorney Stacker informed the City Council of the procedures in having the development order approved and the process in which it was to be reviewed. Attorney Stacker said he reviewed the backup submitted to the City Council and he made some amendments, which would be discussed with staff before the second hearing; however, the title would remain the same. Mrs. Carpenter -Craft said there were a few changes to the development order and she read the changes into the record as follows: (SEE ATTACHMENT) C/M Hoffman asked if the alignment on Hiatus Road was appropriate and Mrs. Carpenter -Craft said this matter was discussed with this Petitioner as well as other surrounding landowners. She said that the alignment seemed to be created. Mayor Abramowitz Opened the Public Hearing. Sam Butters, Property Owner in Land Section 7, suggested that the Petitioner be asked to assist in the Trafficways Plans for the area. Mayor Abramowitz congratulated Mrs. Carpenter -Craft and her staff for doing such a good job on the project. Anthony Silvestri, Planning Commissioner, said he approved of the Development Order; however, he was trying to get a report on the State Energy Code as described on Page 13 12/6/89-pw Page 10. He asked if the State Energy Code was stated in the South Florida Building Code. Attorney Stacker said the development order did not obligate the Petitioner to comply with the South Florida Building Code or Tamarac City Codes. Mr. Silvestri said the development order indicated that if there was a sign violation, the City could stop the development and Mrs. Carpenter -Craft said this could apply to the specific tract where the violations occurred; however, the entire project would not be stopped. Mr. Silvestri said he wanted the City Council to be aware that they could stop one section or the entire project when violations occurred. Mayor Abramowitz Closed the Public Hearing with no further response. VOTE: ALL VOTED AYE At 9:35 P.M., Mayor Abramowitz RECESSED this meeting and RECONVENED at 9:40 P.M. with ALL PRESENT. 16. MOTION TO ADOPT Temp. Ord. #1468 on first reading to amend O'r�inance 0-89-23 concerning a rezoning requested by FUNDAMENTAL HOPKINS EASTON LTD. #11 for a 4-acre parcel at the southeast corner of VISUAL GRAPHICS PARK at Commercial Boulevard and NW 94 Avenue from M-2 (Medium Industrial) to B-3 (General Business) to provide for utilizing the 20% flexibility provision for commercial uses in industrial land uses area after the adoption of the Tamarac Comprehensive Plan by the City Council and the certification of the Comprehensive Plan by the Broward County Planning Council. Petition #14--Z-89 SYNOPSIS OF ACTION: APPROVED on first reading. City Attorney Doody read Temp. Ord. #1468 by title. * V/M Bender MOVED to APPROVE TempOrd. #1468 on first reading, SECONDED by C/M Hof -main. Kelly Carpenter -Craft, Director of Community Development, said the previous Ordinance did not indicate that there was 20% flexibility; however, the Minutes of the meetings indicated that the flexibility was enacted. VOTE: OPEN PUBLIC FORUM 17. OPEN PUBLIC FORUM ALL VOTED AYE Mary Seidel, Resident, had concerns about the Florida Power & Light matter being based around property value as opposed to human life. He said the emphasis on this matter should be submitted to Tallahassee. Pearl Berger, Springlake II, had concerns regarding the lighting and sidewalks needed in the City. I 1 1 Page 14 12/6/89-pw C/M Hoffman said he agreed with Mrs. Berger and, if monies were available, sidewalks and lighting would be implemented in the areas in need. Mayor Abramowitz said he suggested that a Referendum be submitted for the March, 1990 Election asking the residents to approve borrowing monies for these projects. He said since his suggestion, the proposed $.01 sales tax has been discussed. He said if the proposed sales tax was approved by the voters, the City would receive their share which could be used for lighting and sidewalk projects in the City. City Manager Kelly said a final determination on how the Cities could use their share of the revenue from the proposed sales tax has not been determined. REPORTS 18. CITY COUNCIL REPORTS C/M Stelzer - No Report. C/M Rohr - No Report. C/M Hoffman - No Report. V/M Bender said Mr. Seidel had concerns about the Florida Power & Light Transmission Line. He said the Florida Scientific Advisory Panel made a recommendation to the Governor and Council on the health aspects of the transmission lines. 20. CITY ATTORNEY REPORT City Attorney Doody announced that he would resign by the end of January, 1990 to attend Harvard School of Government in Massachusetts. He said he has enjoyed working with everyone and he felt that the City has changed for the better within the last few years. He said the City's staff was very professional and top rate. City Attorney Doody said he was bringing this matter to the City Council because there may be lag time between his leaving and the City hiring another Attorney. He asked the City Council what they would like to do. V/M Bender suggested that the City Attorney's Office advertise the position. C/M Stelzer said there should be someone available to work with City Attorney Doody so that they could fill the position until another attorney was hired. The City Council agreed that the position should be advertised and someone should be appointed to handle the position during the lag time. C/M Rohr suggested that City Attorney Doody contact Nova University regarding a listing of qualified attorneys. City Attorney Doody.said he would contact Nova University and advertise the position in the Broward Review and the Florida Bar News. Page 15 12/6/89-pw 19. CITY MANAGER REPORT City Manager Kelly said he and Mayor Abramowitz have recently received a lawsuit against them and the City Attorney would have to advise the interim attorney about this matter. City Attorney Doody said he turned the lawsuits over to Ruf & Carsky, Consulting Attorneys. With no further business, Mayor Abramowitz ADJOURNED this meeting at 10:10 F.M. "This public document was promulgated at a cost of $172.80 or $21.60 per copy to inform the general public, public officers and employees of recent opinions and considerations of the City Council of the City of Tamarac." CITY OF TAMARAC APPROVED AT MEETING OF0 90 City Clerk 1 Page 16 I 1 ATTACHMENT to 12/6/89 Council Mtg.- Item 15 - Westport -(.See Page 13) Page 1 of 2 From Tapes 4 and 5 of the December 6, 1989 City Council meeting: 15. PUBLIC HEARING - MOT10N TO ADOPT Temp. Ord. #1463 on first reading to provide for a development order for a development of regional impact to be known as WESTPORT and to be located on approximately 158 acres bordered by the Sawgrass Expressway to the west, Commercial Boulevard to the south and Nob Hill Road to the east. Page 1 Kelly Carpenter -Craft gave the following presentation noting the changes to the Development Order (Temp. Ord. #1463) for Westport: 1. Page 2, Section 1, A, the fourth line down, where it states that the City has rezoned the site in conformity with the Master Plan, the Land Use Plan and the Broward County Land Use Plan, the applicant has stated their desire to submit the zoning applications by December 21 and to be in the process of rezoning that property immediately. The south would like to see that this is completed in 45 days and the Community Development Department has recommended that. Mrs. Carpenter -Craft said they are still working out precise language and whether or not 45 days is amenable to either the City or the applicant. 2. Page 2, the language in the second line which addresses itself to conditions which "will" be met rather than which "have" been met was prompted by comments from the Engineering Department and she is confident that language can be arranged which fulfills the require- ments of the Council, staff, the South Florida Regional Tape Planning Council staff and meets the needs of the City 5 as well as addresses concerns of the applicant. 3. Page 3, at the top, in the first line, we are working on language to replace the "except as noted in Section 1 A" since that refers back to the first item discussed, Section I.A. on Page 2, talking about the zoning; therefore, that reference needs to change. 4. Page 3, Item A.3. near the top of the Page, the last sentence of Item 3 is still being worked on concerning meeting all the provisions of the Tamarac Land Develop- ment Regulations, which they are required to do. But, we are disputing the placement of that language in this document, not that it is fact, but where it goes. City Attorney Doody noted that pursuant to discussions' between the City and the developer, some of the acreage has been modified. He said in particular, at the bottom of Pane 3, the acreage for the industrial/office designation will be changed from 85.2 acres to 82.93 and the acreage for roads will be changed from its current 10.5 to 12.77 acres. This was agreed to by the petitioner's attorney. Mrs. Carpenter -Craft noted that she did not have the corrections on Pages 4, 5, and 6. City Attorney Doody said there were no changes on Page 4 and on Page 5 the changes were just housekeeping. He said this is the same for Pages 6 and 7. He said there were no substantial changes on Pages 8, 9, 10 or 11. He said on Page 12, the Ordinance currently reads, "The City hereby establishes 1994 as the date that they have vested to." He said that is going to be changed pursuant to the recommendation of the South Florida Regional Planning Council to "December 31, 1994". 11 ATTACHMENT to 12/6/89 Council Mtg--Item 15 - Westport -(See Page 13) Page 2 of 2 From Tapes 4 and 5 of the December 6, 1989 City Council meeting: 15. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1463 on first reading to provide for a development order for development of regional impact to a be known as WESTPORT and to be located on approximately 158 acres bordered by the Sawgrass Expressway to the west, Commercial Boulevard to the south and Nob Hill Road to the east. Page 2 Mrs. Carpenter -Craft noted that on Page 11, Item K, there is a substantive change concerning; Exhibit H which refers to project access points, which is a document prepared by the South Florida Regional PlanningCouncil in specific two day requirements. She said the City added three other traffic requirements to that document and the applicant is objecting to their placement, not that they are not required. She said they deal with traffic impact fees and Hiatus Road. She said they are discussing where that 'goes and the precise of those requirements in the Development Order. She saiduage the language in Item K will be changed and Exhibit H will also be changed. Mayor Abramowitz asked if the applicant objects to the language and Mrs. Carpenter -Craft said yes, in Exhibit H and, if they object to Exhibit H they will have to object to K because K references Exhibit H; therefore, both of those will be changed. She said they are working on the language which will satisfy the City's need and attempts to address their need as well. Ed Stacker, Attorney for the applicant, said he agrees with the City Planner's assessment of the situation. He said on Page 8, Paragraph D, Site Clearing, there is a statement at the end of this paragraph that the developer shall utilize zeroscape principles in design. He said the discussing with staff a slight modification of that may be to permit a little flexibility. concurred. Mrs. Cprovision arpenter-Craft Attorney Stacker said at the bottom of Page 8 there is language regarding the archeological site State requirements. He said it reads that there will be an archeological survey that is performed on the property and continues onto Page 9. He said they do not expect any archeologically significant artifacts to be found on this property. He said staff did include that if some are found there is an obligation to either preserve or mitigate under the supervision professional archeologist. of a Attorney Stacker said that the staff recommended that the decision on Line 4, Page 9, to preserve or to mitigate shall be made by DHR, the Council and the City. He said that was not a requirement at the Regional Planning Council level or the State level. He said they may make a slight revision there. Mrs. Carpenter -Craft noted that this Ordinance has had a review by all the Department Heads and all the changes have been noted.