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HomeMy WebLinkAbout1988-12-28 - City Commission Regular Meeting Minutes7525 NW 98th AVENUE TAMARAC, FL=DA 33320-2401 RECORD OF COUNCIL ACTIONS/DISCUSSION CITY OF TAMARAC CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY, DECEMBER 28, 1988 CALL TO ORDER: 9:00 A.M. ANNOUNCEMENT OF TIME ALLOCATIONS - MOTIONS TO TABLE - The Chair at this time will announce those items which have been given a specific time to be heard, and will entertain motions from Council members to table those items which require research. Council may agendize by majority consent matters of an urgent nature which have come to Council's attention after publication. INTRODUCTION 1. PRESENTATION by City Manager Kelly of a proclamation designating BELLE VITROFSKY the recipient of the semi- annual safety award and LONNIE SCOTT the first runner up. FINAL ACTION: PRESENTATIONS were made to Belle Vitrofsky and to Bob Foy on behalf of Mr. Scott. 2. PRESENTATION by City Manager Kelly of a five-year service award to BRAD MILLER, Police Department. FINAL ACTION: PRESENTATION was made to Corporal Russell Rosen on behalf of Mr. Miller. 3. PRESENTATION by Mayor Abramowitz of a proclamation to PATRICIA RANCATI designating the week of January 2, 1989, as "PATRICIA RANCATI WEEK". FINAL ACTION: PRESENTATION was made. CONSENT AGENDA 4. Items listed under Consent Agenda, Item 4, are viewed to be routine and the recommendation will be enacted by one motion in the form listed below. If discussion is desire then the item(s) will be removed from the Consent Agenda and will be considered separately. Building Department a. MOTION TO ADOPT Tem . Reso. #5260 releasing a cash bond in the amount of $16,169.70 posted for the sprinkler system and sod at LAKES OF CARRIAGE HILLS, Building 8, Permit #87-1660 (#881512). FINAL ACTION: RESOLUTION NO. R--88-337 PASSED. APPROVED. Page 1 12/28/88 City Clerk 4, b. MOTION TO APPROVE the minutes of the following City Council meetings: 1. 11/22/88 - Special Meeting 2. 11/23/88 - Regular Meeting 3. 12/02/88 - Special Meeting 4. 12/14/88 - Regular Meeting 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 12/25/88 to 6/25/89 (tabled on 12/13/88). FINAL ACTION: APPROVED. d. MOTION TO APPROVE renewal of a model sales permit and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for THE LANDINGS ON CYPRESS GREENS for a six-month period from 1/27/89 to 7/27/89. FINAL ACTION: APPROVED. e. MOTION TO APPROVE renewal of for TAMARAC GARDENS Facility 300-foot distance requirement certificates of occupancy for from 1/27/89 to 7/27/89. FINAL ACTION: APPROVED. a model sales permit #1 and waiver of the for issuance of a six-month period f. MOTION TO APPROVE renewal of a permit for the use of a model sales facility at another location (Kings Point Professional Plaza) for ASHMONT for a six-month period from 1/27/89 to 7/27/89. FINAL ACTION: APPROVED. Community Development g. MOTION TO APPROVE a cookie sale by the Broward County Girl Scout Council from 1/27/89 to 2/10/89 and waiver of Chapter 22 of the Code governing "Solicitors and Canvassing". FINAL ACTION: APPROVED. Fire Department h. MOTION TO APPROVE the attendance of Captain Bryan Hurst at the FTIC training conference in Ocala, Florida, January 15-20, 1989. FINAL ACTION: APPROVED. 1 Page 2 1.2/28/88 1 1 4. i. MOTION TO ADOPT Temp. Reso. #5264 accepting a donation of $500.00 from the woodlands Homeowners Association.and a donation of $500.00 from the Woodlands Golf Association, Inc., to the Fire Department. FINAL ACTION: RESOLUTION NO. R-88-338 PASSED. REMOV or discussion. APPROVED. Utilities/Engineering j. MOTION TO ADOPT Temp. Reso. #5261 releasing Letter of Credit #SB9852 in the amount of $17,250.00 posted for lake excavation improvements at LAKES OF CARRIAGE HILLS, PHASE IV. FINAL ACTION: APPROVED. RESOLUTION NO. R-88-339 PASSED. k. 1. MOTION TO ADOPT Temp. Reso. #5262 releasing Letter of Credit #19300 inth.e amount of $35,045.00 for the water system improvements and Letter of Credit #19301 in the amount of $16,095.00 for the sewer system improvements at FAIRFAX I project subject to receipt of one-year warranty bonds in the amount of $11,634.25 for the water distribution system and $7,612.68 for the sewer system improvements. 2. MOTION TO ADOPT Temp. Reso. #5263 accepting a bill of sale for the water distribution and sewage collection system improvements for the FAIRFAX I project. FINAL ACTION: RESOLUTION NO. R-88-340 PASSED. RESOLUTION NO. R-88-341 PASSED. APPROVED 4k1. APPROVED 4k2. 1. 1. MOTION TO ADOPT Temp. Reso. #5268 releasing performance bond 735G178-A in the amount of $399,942.43 posted for public improvements at HIDDEN HARBOUR subject to receipt of a one year warranty bond in the amount of $99,985.00. 2. MOTION TO ADOPT Temp._. Reso` #5269 accepting a bill of sale for the water aisution and sewage collection system improvements at HIDDEN HARBOUR. FINAL ACTION: RESOLUTION NO. R-88-342 PASSED. REMOVED 4L1 for a future meeting. APPROVED 4L2. M. MOTION TO ADOPT Temp. Reso. #5265 approving assignment of a Water and Sewer Developers Agreement from Bradley Construction Company, Inc., to University Club Associates for the UNIVERSITY CLUB APARTMENTS. FINAL ACTION: RESOLUTION NO. R-88-343 PASSED. APPROVED. Page 3 12/28/88 OPEN PUBLIC FORUM 5. OPEN PUBLIC FORUM - Any member of the public who wishes to address the City Council at this time must, in advance of the item, give his/her name and address to the City Clerk. FINAL ACTION: Open Pu lic Forum was held. 6. City Council 7. City Manager 8. City Attorney REPORTS CONSIDERATIONS Cit Council - C/M Henry Rohr 9. DISCUSSION AND POSSIBLE ACTION to determine whether the City Attorney shall prepare an ordinance calling for mandatory space for recycling containers in all proposed multi dwelling buildings. FINAL ACTION: Staff to perform feasibility study and work with legal department then give recommendations to City Council. Finance Department 10. MOTION TO APPROVE the purchase of an IBM 15ersonal computer from Caber Systems, Inc., in the amount of $3,267.00 for the Data Processing Department under state contract in lieu of bidding. FINAL ACTION: APPROVED. General Administrative 11. MOTION TO APPROVE release of retainage in the amount of 35,084.09 to Thomas W. Ruff & Co. for TAMARAC MUNICIPAL COMPLEX/CITY HALL furnishings (tabled on 12/14/88). FINAL ACTION: APPROVED. Utilities/Engineering 12. POSSIBLE ACTION on a report by the Engineering Department relating to NW 64 Avenue. FINAL ACTION: Staff to continue with delegation request to get approval to eliminate from the County map the two lanes that would be the City's responsibility to build contingent on receiving a report from Engineering of all violations in this area. City Attorney to advise Council after receipt of this report. 1 0 1 Page 4 12/2.8/88 13. MOTION TO APPROVE the purchase of a Chevrolet Blazer 4X4 diesel vehicle from Jack Wilson Chevrolet in the amount of $16,472.56 under state contract in lieu of bidding for the Utilities Department. FINAL ACTION: TABLED ror more information. RESOLUTIONS Building Department 14. a. MOTION TO ADOPT Temp. Reso. #5274 approving waiver from Section 21-3 of the sign code pertaining to color of a wall sign requested by ALBERTSON'S, INC. b. MOTION TO ADOPT Tem . Reso. #5275 approving waiver from Section 21-3 of the sign code pertaining to color of a ground sign on McNab Road requested by ALBERTSON'S, INC. C. MOTION TO ADOPT Temp. Reso. #5276 approving waiver from Section 21--3 of the sign code pertaining to color and Section 21-7(h)(1) of the sign code pertaining to height of a ground sign on University Drive requested by ALBERTSON'S, INC. (located at the northeast corner of McNab Road and University Drive) FINAL ACTION: RESOLUTION NO. R-88-344 PASSED. RESOLUTION NO. R-88-345 PASSED. APPROVED 14a. APPROVED 14b. TABLED 14c. Community Development 5. MOTION TO _ADOPT Ternp_ 2_66 approving a revised Reso 5_ site plan to reduce the size of the ISLES OF TAMARAC Clubhouse expansion. FINAL ACTION: RESOLUTION NO. R-88-346 PASSED. APPROVED. 16. MOTION TO ADOPT Temp. Reso. #5270 transferring a special exception for on -premises consumption of beer and wine from Mano/Bal, Inc., d/b/a Surf & Turf Restaurant, to Domenic Palmieri, President, Wing City, Inc., located at 5435 N. State Road 7. FINAL ACTION: RESOLUTION NO. R-88-347 PASSED. APPROVED. 17. MOTION TO ADOPT Temp. Reso. #5271 transferring a special exception for on -premises consumption of beer and wine from Tropical Pizza Company of Tamarac, Inc., d/b/a Pier 441 West, to Craig Carlino, Owner, DaVinci's Italian Restaurant located at 8765 NW 57 Street (PLAZA DEL SOL) . FINAL ACTION: RESOLUTION NO. R-88-348 PASSED. APPROVED. Page 5 12/28/88 18. MOTION TO ADOPT Temp. Reso. #5272 authorizing the appropriate City officials to execute an agreement with Broward County relating to transfer of local level park impact fees for the WOODLAND COVE project. FINAL ACTION: APPROVED. RESOLUTION NO. R-88-349 PASSED. 19. MOTION TO ADOPT Temp. Reso. #5267 providing for the elimination of one Planning Technician and one Growth Management Technician positions and providing for the creation of two Clerk/Typist positions in the Community Development Department. FINAL ACTION: RESOLUTION NO. R-88-350 PASSED. APPROVED. PUBLIC HEARING - 10:00 A.M. 20. PUBLIC HEARING - MOTION TO ADOPT Tem Reso. #5273 concerning a request by J. LADD HOWELL for a limited parking waiver pertaining to parking requirements for driveways and parking requirements for the fire lane at a proposed office complex to be located at the southwest corner of Commercial. Boulevard and NW 47 Terrace, which is zoned B-6 (Business District). FINAL ACTION: RESOLUTION NO. R-88-351 PASSED. APPROVED. Public hearing was held. ORDINANCES PUBLIC HEARINGS - 10:00 A.M. City Council 21. PUBLIC HEARING - M_OTION TO ADOPT_ Temp. Ord. #1416 on second reading creating a VETERANS AFFAIRS COMMITTEE. FINAL ACTION: ORDINANCE NO. 0-88-41 PASSED. APPROVED on second reading. Public hearing was held. 22. PUBLIC HEARING _ MOTION TO ADOPT Temp. Ord. #1417 on second reading to amend Article II of Section 18A of the Code relating to the duties of the PARKS AND RECREATION BOARD. FINAL ACTION: ORDINANCE NO. 0-88-42 PASSED. APPROVED on second reading. Public hearing was held. City Attorney 23. MOTION TO ADOPT Temp. Ord. #1418 on first reading to reduce the municipal excise tax charged to casualty insurance premiums from 1% to .85% in accordance with amended Chapter 185 Florida Statutes. FINAL ACTION: APPROVED on first reading. Second reading and public hearing will be held during a Regular City Council meeting on January 25, 1989, at 10:00 A.M. in the Council Chambers. L 1 Page 6 12/28/88 1 24. MOTION TO ADOPT Temp. Ord. #1419 on first reading to reduce the municipal excise tax charged to property insurance premiums from 2% to 1.85% in accordance with amended Chapter 185 Florida Statutes. FINAL ACTION: APPROVED on first reading. Second reading and public hearing will be held during a Regular City Council meeting on January 25, 1989, at 10:00 A.M. in the Council Chambers. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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 7 12/28/88 CITY OF T. %MARAC CITY COUNCIL REGULAR MEETING WEDNESDAY, DECEMBER 28, 1988 TAPE 1 CALL TO ORDER: Mayor Abramowitz called this meeting to Order on Wednesday, December 28, 1988 at 9:00 A.M. in the Council Chambers. MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Abramowitz called for the Pledge of A1legia e�followed by a moment of Silent Meditation dedicated to Ray Baade who passed away and a friend of Mayor Abramowitz's family who was on the Airplane Flight 103. RRRgRNT : ALSO PRESENT: Mayor Norman Abramowitz Vice Mayor Jack Stelzer Councilman Dr. H. Larry Bender Councilman Bruce Hoffman Councilman Henry Rohr Mike Couzzo, Acting City Manager Richard Doody, City Attorney Carol A. Evans, City Clerk Pauline Walaszek, Special Services Secretary INTRODUCTION 2. PRESENTATION by City Manager Kelly of a five --year service award to BRAD MILLER, Police Department. SYNOPSIS OF ACTION: PRESENTATION was made by Mike Couzzo, Acting City Manager and the award was accepted by Police Officer Russell Rosen for Brad Miller. Acting City Manager Couzzo presented the award for Brad Miller which was accepted by Police Officer Russell Rosen. 1. PRESENTATION by City Manager Kelly of a proclamation designating BELLE VITROFSKY the recipient of the semi-annual safety award and LONNIE SCOTT the first runner up. SYNOPSIS OF ACTION: PRESENTATIONS were made. Mayor Abramowitz read the Proclamation and presented it to Belle Vitrofsky. Belle Vitrofsky thanked everyone for the Proclamation on behalf of the Safety Advisory Board. Mayor Abramowitz read the Proclamation for Lonnie Scott which was accepted by Bob Foy, Director of Utilities/Engineering. Bob Foy, Director of Utilities/Engineering, said Lonnie Scott thanked everyone for the Proclamation and would strive to be number one next year. 1, Page 1 12/28/88 3. PRESENTATION by Mayor Abramowitz of a Proclamation to PATRICIA RANCATI designating the week of January 2, 1988, as "PATRICIA RANCATI WEEK". SYNOPSIS OF ACTION: PRESENTATION was made. Mayor Abramowitz read the Proclamation and presented it to Patricia Rancati. He said -one of the highlights of being Mayor was working with Mrs. Rancati and she would be missed by everyone. Patricia Rancati thanked the City for the Proclamation and she said she would miss all the people who have assisted in making her position as Principal of the Tamarac Elementary School very comfortable. She asked that she be given a permanent honorary citizenship to the City of Tamarac because she would be moving to Delana, Florida. Mayor Abramowitz this request and, matter pursued. CONSENT AGENDA Fire Department asked the City Attorney to look into if it could be given, he would like the 4. i. MOTION TO ADOPT Temp. Reso. #5264 accepting a donation of $500.00 from the Woodlands Homeowners Association and a donation of $500.00 from the Woodlands Golf Association, Inc., to the Fire Department. SYNOPSIS OF ACTION:11 REMOVED for separate discussion. (SEE PAGE 5 for Final Action). * V/M Stelzer MOVED to REMOVE Item 4. i., from the Consent * Agenda for separate discussion, SECONDED by C/M Hoffman. VOTE: Utilities/Engineering ALL VOTED AYE 1. 1. MOTION TO ADOPT Temp. Reso. #5268 releasing performance bond #735G178-A in the amount of $399,942.43 posted for public improvements at HIDDEN HARBOUR subject to receipt of a one-year warranty bond in the amount of $99,985.00. 2. MOTION TO ADOPT Temp. Reso. #5269 accepting a bill of sale Yor the water distribution and sewage collection system improvements for HIDDEN HARBOUR. SYNOPSIS OF ACTION: TABLED 1. 1. at the request of the City Attorney. (SEE PAGE 5 for Final Action on 1. 2.). * V/M Stelzer MOVED to TABLE Item 4, 1. 1. at the request of * the City Attorney, SECONDED by C/M Bender. City Attorney Doody said he requested Item 4, 1.1. be Tabled because he would like to investigate the details on the Bond and the Item would appear before the City Council at the January 11, 1989 City Council meeting. VOTE: ALL VOTED AYE 1 1 Page 2 tl 12/28/88 CONSENT AGENDA - Item 4, a. throu h M. Bui!qinj Department 4. a. MOTION TO ADOPT Temp. Reso. #5260 releasing a cash bond in the amount of $16,169.70 posted for the sprinkler system and sod at LAKES OF CARRIAGE HILLS, Building 8, Permit #87-1660 (#881512) . SYNOPSIS OF ACTION: RESOLUTION NO. R-88-337 -- PASSED APPROVED. 2Lta Clerk b. MOTION TO APPROVE the minutes of the following City Council meet nret gs 1. 11/22/88 - 2. 11/23/88 - 3. 12/02/88 - 4. 12/14/88 - SYNOPSIS OF ACTION: APPROVED. Special Meeting Regular Meeting Special Meeting Regular Meeting 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 12/25/88 to 6/25/89 (tabled on 12/14/88). SYNOPSIS OF ACTION: APPROVED. d. MOTION TO APPROVE renewal of a model sales permit and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for THE LANDINGS ON CYPRESS GREENS for a six-month period from 1/27/89 to 7/27/89. SYNOPSIS OF ACTION: APPROVED. e. MOTION TO APPROVE renewal of a model sales permit for TAMARAC GARDENS Facility #1 and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for a six-month period from 1/27/89 to 7/27/89. SYNOPSIS OF ACTION: APPROVED. f. MOTION TO APPROVE renewal of a permit for the use of a model sales facility at another location (Kings Point Professional Plaza) for ASHMONT for a six-month period from 1/27/89 to 7/27/89. SYNOPSIS OF ACTION: APPROVED. Community Development g. MOTION TO APPROVE a cookie sale Girl Scout C�ounil from 1/27/89 Chapter 22 of the Code governing SYNOPSIS OF ACTION: APPROVED. Page 3 by the Broward County to 2/10/89 and waiver of "Solicitors and Canvassing". a 12/28/88 Fire Department h. MOTION TO APPROVE the attendance of Captain Bryan Hurst at the FTIC training conference in Ocala, Florida, January 15--20, 1989. SYNOPSIS OF ACTION: APPROVED. i. MOTION TO ADOPT Temp. Reso. #5264 accepting a donation of $500.00 from the Woodlands Homeowners Association and a donation of $500.00 from the Woodlands Golf Association, Inc., to the Fire Department. SYNOPSIS OF ACTION: REMOVED for separate discussion on Page 2. (SEE PAGE 5 for Final Action). Utilities/Engineering J. MOTION TO ADOPT Temp. Reso. #5261 releasing Letter of Credlt #SB9852 in the amount of $17,250.00 posted for lake excavation improvements at LAKES OF CARRIAGE HILLS, PHASE IV. SYNOPSIS OF ACTION: RESOLUTION NO. R-88-339 - PASSED APPROVED. k. 1. MOTION TO ADOPT Temp. Reso. #5262 releasing Letter of Credit #19300 in the amount of $35,045.00 for the water system improvements and Letter of Credit #19301 in the amount of $16,095.00 for the sewer system improvements at FAIRFAX I project subject to receipt of one-year warranty bonds in the amount of $11,634.25 for the water distribution system and $7,612.68 for the sewer system improvements. 2. MOTION TO ADOPT Temp. Reso. #5263 accepting a bill of salvor the water dl tibution and sewage collection system improvements for the FAIRFAX I project. SYNOPSIS OF ACTION: RESOLUTION NO. R-88-340 - PASSED APPROVED 1 and 2. RESOLUTION NO. R-88-341 - PASSED 1. 1. MOTION TO ADOPT Temp. Reso. #5268 releasing performance bond #735G178-A in the amount of $399,942.43 posted for public improvements at HIDDEN HARBOUR subject to receipt of a one-year warranty bond in the amount of $99,985.00. 2. MOTION TO ADOPT Temp. Reso. #5269 accepting a bill of sale "ror the water d s rib tau on and sewage collection system improvements for HIDDEN HARBOUR. SYNOPSIS OF ACTION: RESOLUTION NO. R-88-342 - PASSED TABLED 1. 1. on Page 2. APPROVED 1. 2. m. MOTION TO ADOPT Tem2_ Reso. #5265 approving assignment of a Water and Sewer Developers Agreement from Bradley Construction Company, Inc., to University Club Associates for the UNIVERSITY CLUB APARTMENTS. SYNOPSIS OF ACTION: RESOLUTION NO. R-88-343 - PASSED APPROVED. Page 4 12/28/88 * C/M Hoffman MOVED to APPROVE Consent Agenda, Item 4, a. * through m., with the exception of 4. i. and 1. 1., * SECONDED by C/M Bender. VOTE: ALL VOTED AYE RESOLUTIONS Building Department 14. a. MOTION TO ADOPT Temp. Reso. #5274 approving waiver from Section 21-3 of the sign code pertaining to color of a wall sign requested by ALBERTSON'S, INC. b. MOTION TO ADOPT Temp. Reso. #5275 approving waiver from Section 21-3 of the sign code pertaining to color of a ground sign on MCNab Road requested by ALBERTSON'S, INC. c. MOTION TO ADOPT Temp. Reso. #5276 approving waiver from Section 21-3 of the sign code pertaining to color and Section 21-7(h)(1) of the sign code pertaining to height of a ground sign on University Drive requested by ALBERTSON'S, INC. (located at the northeast corner of McNab Road and University Drive) SYNOPSIS OF ACTION: DISCUSSED only. (SEE PAGES 27, 28 and 29 for Final Action). C/M Hoffman asked if there were fees in the amount of $1,200.00 in arrears for this Item. Dale Lee, Acting Building Official, said he was notified by the City Clerk that there was an outstanding invoice of $1,200.00; however, he found that the fee was a Fire Line Payment Fee. He said this was an annual fee and an invoice was sent to the owner of the shopping center because it was the owner's obligation to pay the fee. He said approval of this Item should be contingent upon receiving the payment. Fire Department 4. i. MOTION TO ADOPT Tem2. Reso. #5264 accepting a donation of $500.00 from the Woodlands Homeowners Association and a donation of $500.00 from the Woodlands Golf Associations, Inc., to the Fire Department. SYNOPSIS OF ACTION:11 RESOLUTION NO. R-88-334 - PASSED REMOVED for separate discussion on Page 2. APPROVED. City Attorney Doody read Temp. Reso. #5264 by title. Ray Briant, Fire Chief, said he would like to receive a copy of the Resolution for the Woodlands Homeowners and Golf Associations. He said the Fire Department thanked the Associations for donating this money for equipment needed for the Fire Department. Mayor Abramowitz said the City was very thankful for this donation and Mr. Les should be thanked personally. * C/M Hoffman MOVED to APPROVE Temp.. Reso. #5264, * SECONDED by C/M Bender. VOTE: Page 5 ALL VOTED AYE 12/28/88 d. OPEN PUBLIC FORUM 5. OPEN PUBLIC FORUM Vickie Beech, Resident at 9102 NW 6 Court, asked for the status of the matter regarding Cardinal Industries. Mayor Abramowitz said the 26 Stipulations referred to in the past did not pertain to the Cardinal Industries property under concern. He said he has been investigating the matter and he found that the City won the case concerning Cardinal Industies placing a Mobile Home Complex in the City. He said Cardinal Industries won a case in the City of Margate in the amount of approximately 1.5 million dollars for denying them the opportunity to properly use their land. Mayor Abramowitz said the Court Agreement had a stipulation that Cardinal Industries had to adhere to certain sections of the City Code that existed at the time of the lawsuit. He said the City Codes changed because the City became larger and the quality of life in the City was strengthened. Mayor Abramowitz said when the City won the case Cardinal Industries immediately filed for Appeal. He said Judge Weissing made a ruling that the City did not unreasonably delay site plan approval. He said there was a stipulation indicating that Cardinal Industries did not receive site plan approval by September 25, 1985. He said this was important because there was a revision in the City Code and Cardinal Industries contended that the City acted improperly on the matter. Mayor Abramowitz said on November 26, 1986, the City signed a Settlement Agreement with Cardinal Industries; however, the Appeal made by Cardinal Industries had not been heard. He read a portion of the Agreement as follows: "The Character, size and square footage of Cardinal's modular housing units are in all respect, substantially the same as Cardinal's Southgate Apartment Development in the City, and are hereby accepted and approved by the City." Mayor Abramowitz said this Agreement indicated that, contrary to the Judge's ruling, Cardinal Industries could adhere to the rules and regulations in place when they purchased the property. Mayor Abramowitz said he did not know why the City entered into this Agreement and the City Attorney asked that the City Council not discuss other property owned by Cardinal Industries because of the legal ramifications it may incur. City Attorney Doody said he was concerned with the City being accused in the future of singling out any particular developer. He said he did not want the City placed in this type of position. Mayor Abramowitz said he could not answer why the City entered into the Agreement; however, the City would try their best to have the development palatable to the surrounding residents. He said the City Council would Page 6 12/28/88 L 1 keep the residents informed; however, the residents have to understand that the matter had to be handled within the limits of the law. Mrs. Beech said she reviewed the Settlement Agreement and she found that the City was prejudicial and the residents rights were not protected. She said she was very concerned with the zoning in the City because of the City's appearance. Melanie Reynolds, Resident of Sands Point, said the City's form of Government is City Council/Manager. She said C/M Hoffman stated that the City's Government was a Manager/City Council form of Government and she did not pay attention; however, when V/M Stelzer indicated that the City had a City Manager form of Government, she became concerned. Mrs. Reynolds asked why Mitchell Ceasar, Grantsman, was giving his monthly report to the City Manager instead of at the City Council meetings. She asked why the Sign Ordinance Task Force was working at the pleasure of the City Manager when the Boards and Committees work at the the pleasure of the City Council. She asked why recycling was only being discussed with Waste Management, Inc., as opposed to other firms and if this project required competitive bidding. She asked why the Garbage Collection Contract was not taken to competitive bidding last year and was given to Waste Management, Inc., without a purchase order. She asked why the Ambulance Contract was not discussed at a Public meeting before it was entered into because it was the Public's business. She asked why things such as "Legal Affairs" was eliminated from the Agenda. She asked why the details of a development was not indicated at City Council meetings such as Park and Recreation Fees, Water Retention Fees, Water and Sewer Development Fees, discussion on the need for funding for future traffic and signalization, etc. She asked why the Planning Commission was not given Landscaping Plans. She asked why the City Attorney never submits a listing of the City's Lawsuits and their status. She asked for an answer to these questions. C/M Rohr said the reason the City did not go out to bid on the recycling matter was because the City had a five year contract with Waste Management, Inc., and the State required that 90 days of negotiations take place with the present Disposal Company and, if a feasible contract could not be negotiated with that Company, competitive bidding could take place. Stan Bernard, Resident, said three weeks ago two Police Officers were gunned down while performing their duties. He said as a result of this crime, a Bill has been introduced to the Florida Legislature by Representative Elaine Bloom calling for "TOUGH TIME for cop killers". He said "TOUGH TIME" was defined as a death sentence or life with no chance of release from prison. He said Senator Peter Weinstein was supporting this Bill and he suggested that the City of Tamarac pass a Resolution in support of this Bill. Mayor Abramowitz said this matter Council and Council was asked to affirmation. He said the letter City's support. was given to the City send a letter of was sent indicating the Page 7 12/28/88 TAPE 2 Audrey Peck, Resident of 7103 NW 72 Street, had concerns with the lighting on NW 70 Avenue and north of McNab Road. She asked if the lighting in the area could be increased. Mayor Abramowitz said the illumination for the lights was lowered and it would take $50,000.00 to correct the problem. He said he has received several complaints regarding this matter; however, he has received complaints regarding the lights being too bright. He said the City has inquired several times about this matter. Mayor Abramowitz said the City has asked the Grantsman to seek a grant for the lighting project. He said the City Council wanted the City to be brighter and safer for the residents. Bob Foy, Director of Utilities/Engineering, said there was money appropriated in the Budget this year for the addition of street lights and the correction of the existing street lights. He said the City was limited as to how many street lights could be improved because of the cost. He said he would investigate the matter to see if Mrs. Peck's area was on the project list. C/M Bender asked Mr. Foy to explain the need in replacing the transformers and bulbs in the existing street lights. Mr. Foy said several of the street lights contained approximately 5,000 illumines. He said these illumines would be increased to 10,000; however, the fixture on the poles had to replaced and Florida Power & Light requires a charge to change the fixtures. He said there was an additional cost per month because of increased power. Mayor Abramowitz suggested that Mrs. Peck contact Mr. Foy and he asked Mr. Foy to submit a report to the City Council on the lighting project. Norman Peck, Resident at 7103 NW 72 Avenue, had concerns about having a stop sign placed at 71 Street and 70 Avenue. He said Mayor Abramowitz requested that he send a letter to the City Council and he said he met with the representative who informed him that a stop sign could not be placed there. He said he met with Phil Weinberger regarding the matter and Mr. Weinberger informed him that six to seven years ago there was a full stop sign located at that street; however, because of the slower traffic flow, the stop sign was taken down. He said Mr. Weinberger recently requested a stop sign in the area and he received an answer stating that a stop sign could not be placed on that corner because it would slow up traffic. Mayor Abramowitz said Broward County was responsible for signage and traffic lights in the City. He said he received and answered Mr. Peck's letter by sending it to the appropriate Department for transmittal to Broward County. He said he received several complaints regarding signage and traffic lights; however, when he reported these complaints, he is asked how many fatalities were in the area. Mayor Abramowitz said Broward County did an engineering study of the areas requesting traffic signals which took approximately 3 months. He suggested that Mr. Peck 1 u Page 8 12/28/88 contact. Phil Weinberger regarding the matter so that the placement of a stop sign in the area would continue being pursued. C/M Rohr suggested that Mr. Peck ask Phil Weinberger to resubmit the request for the stop sign because of the increase in traffic of the area. V/M Stelzer said several months ago he requested that the City look into the possibility of being responsible for placing stop signs. He said the City Attorney felt that this was not in the best interest of the City because of the liability. He said the City Attorney submitted several litigation cases in Broward County regarding traffic signals. V/M Stelzer said after reviewing the cases he found that the cases pertained to electrical signals as opposed to stop signs. He said the Public Works Director said the City would be able to handle this project. He said if stop signs would save lives he would like the City to be able to make the choice and place stop signs where they were needed. C/M Rohr asked that the City Attorney comment on the cases in Broward County. He said if V/M Stelzer was correct he would like the City Council to receive all the information available on the City handling their own signage. City Attorney Doody said the information he submitted to the City Council indicated 1200 statements of claims against Broward County on the basis of Traffic Engineering decisions. He said one of the cases was the City of Fort Lauderdale versus Hughes and in this case the City was sued because the stop sign was at a corner where trees grew around it. He said there was question of negligence because the trees were not pruned and the sign was not visible. City Attorney Doody said regardless of whether Broward County did the engineering study or the City did it, the area would have to be justified by an engineering study and maintenance would be required. He said Broward County has indicated that a large area of their liability came from traffic engineering decisions. City Attorney Doody said when there were injuries involved in accidents, the Attorneys look to sue the persons who have the most money. He said the Governments usually were sued and a lot of litigation would be generated. He said if the City Council wanted this responsibility it could be done; however, the responsibility would generate a lot of claims. C/M Rohr asked if the City Attorney was of the opinion that the City should not take this responsibility. City Attorney Doody said he was of the opinion that if the City took this responsibility they would incur potential liability. Page 9 12/28/88 PUBLIC HEARING - 10:00 A.M. 20. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #5273 concerning a request by J. LADD HOWELL for a limited parking waiver pertaining to parking requirements for driveways and parking requirements for the fire lane at a proposed office complex to be located at the southwest corner of Commercial Boulevard and NW 47 Terrace, which is zoned B--6 (Business District.) SYNOPSIS OF ACTION: RESOLUTION NO. R-88-351 - PASSED Public Hear ni g was held. APPROVED. City Attorney Doody read Temp. Reso. #5273 by title. * C/M Rohr MOVED to APPROVE Temp. Reso. #5273, * SECONDED by C/M Hoffman. Mike Von Hofen, Acting City Planner, said the zoning on the property is B-6 and the Master File number is 15-88. He said the Legal Description of the property is a portion of Tracts 2 and 7, Fort Lauderdale Truck Farm Subdivision, Section 13, Township 49 South, Range 49 East as recorded in Plat Book 4, Page 31. He said the type of use requested is for villas and a limited parking waiver for driveways and fire lanes. He said there were 2.6 acres and the building would be two stories. Mr. Von Hofen said the waivers being requested concerned public safety and the Fire Department sent a memo on the project. He read the memo into the record. (SEE ATTACHMENT 1) Mr. Von Hofen said the Planning Commission and staff recommend approval based on the Fire Department's memo. Mayor Abramowitz Mayor Abramowitz Opened the Public Hearing. Walter Coghlan, President of Mainlands 5, said his Association informed the proposed developer that they would approve the project providing the entrance on 47 Terrace was upgraded. Mayor Abramowitz said several developers have proposed projects for this property; however, this project was the first project proposed that the City could be proud of. He said the property was suitable for very few developments and this project would be appropriate. Mr. Coghlan said he agreed with Mayor Abramowitz; however, his Association would like to have information of the project in writing. Mayor Abramowitz said the property would contain a condominium office complex. J. Ladd Howell, Proposed Developer for the project, exhibited the proposed sketch of the project. He said the building would be two stories with small office units for sale. He said the complex would be a long linear complex with noise buffering between Commercial Boulevard and the residents. He said the back and front of the building would be landscaped. Page 10 1 J 12/28/88 Mr. Howell said the front of the building would be a two story European style setting and the back would look like two story condominiums with four windows in each unit. Mayor Abramowitz said he would like the residents to discuss this project further with Mr. Howell and Mr. Von Hofen. C/M Hoffman said when the project was first proposed there was an ingress/egress on 50 Court which he opposed. He said after discussing this matter with the developer the ingress/egress was removed. He said the developer has gone beyond the requirement. He said the project would be an asset to the City. Mayor Abramowitz Closed the Public Hearing with no further response. VOTE: ORDINANCES PUBLIC HEARING - 10:00 A.M. City Council ALL VOTED AYE 21. PUBLIC HEARING - MOTION TO ADOPT Teemm2. Ord. #1416 on second reading creating a VETERANS AFFAIRS COMMITTEE. SYNOPSIS OF ACTION: ORDINANCE NO. 0-88-41 - PASSED Public Hearing was held. APPROVED on second reading. City Attorney Doody read Temp. Ord. #1416 by title. * C/M Bender MOVED to APPROVE Temp' Ord. #1416 * on second reading, SECONDED by CM Hoffman. Mayor Abramowitz said he was be the first Mayor of City of Tamarac who was a veteran. He said there were four groups of Veterans in the City. Mayor Abramowitz Opened the Public Hearing. Al Maud, Resident, said on behalf of the veterans of Tamarac; namely, the American Legion Post 265, Jewish War Veterans of the United States of America Post 519, American Veterans Post 2 and the Disabled American Veterans Chapter 73, he would like to express thanks to the City Council for reestablishing the Veteran's Affairs Committee. Mr. Maud said the veterans were involved with volunteer work and community affairs for the veterans. He said packages for the needy were created during the Holidays. He said the veterans held picnics for the paralyzed veterans at Tamarac Park. He read an Article in the Miami Herald regarding one of the picnics. He said by creating this committee projects could be created for the unfortunate veterans. Mayor Abramowitz Closed the Public Hearing with no further response. VOTE: ALL VOTED AYE Page 11 12/28/88 22. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1417 on second reading to amend Article II of Section 18A of the Code relating to the duties of the PARKS AND RECREATION BOARD. SYNOPSIS OF ACTION: ORDINANCE NO. 0-88-42 - PASSED Public Hearing was held. APPROVED on second reading. City Attorney Doody read Temp. Ord. #1417 by title. * C/M Hoffman MOVED to APPROVE Temp. Ord. #1417 * on second reading, SECONDED by C M Bender. V/M Stelzer questioned the need for having two veterans serving on the Parks and Recreation Board when the Veterans Affairs Committee was being formed. Mayor Abramowitz said when this Veterans Affairs Committee was being considered he questioned the working relationship this Committee would have with the Parks and Recreation Board. He said Public Works Director did not feel that the two veterans on the Parks and Recreation Board should not be removed. He said if there was a need to remove these veterans from the Parks and Recreation Board it would be done. C/M Hoffman said he agreed with V/M Stelzer; however, there was no need to remove the two veterans from the Parks and Recreation Board. C/M Rohr suggested that the matter be Tabled until the City Attorney reviews the matter further. Mayor Abramowitz said he did not agree with this suggestion because the Public Works Director has indicated that there were no problems in keeping the Park and Recreation Board as it stands. C/M Bender suggested that the Parks and Recreation Board stay as it is and, if there are problems in the future, it could be changed. Mayor Abramowitz Opened the Public Hearing. Anthony Grimaldi, Resident of Sunflower/Heathgate, said it was needless to designate two veterans to the Parks and Recreation Board. Mayor Abramowitz Closed the Public Hearing with no further response. VOTE: ALL VOTED AYE City Attorney 23. MOTION TO ADOPT Temp. Ord. #1418 on first reading to reduce the municipal excise tax charged to casualty insurance premiums from 1% to .85% in accordance with amended Chapter 185 Florida Statutes. SYNOPSIS OF ACTION: APPROVED o� n f st reading. City Attorney Doody read Temp Ord. #1418 by title. i Page 12 12/28/88 City Attorney Doody said the Florida Statute was amended to reduce the amount of tax that Municipalities can charge for casualty insurance. He said this Amendment was housekeeping and the Department of Insurance felt that the pool. of individuals selling casualty insurance was continuing to grow and the economic impact of the Amendment would be negligible. He recommended approval. * C/M Bender MOVED to APPROVE Temp. Ord. 11418 * on first reading, SECONDED by C M Rohr. Melanie Reynolds, Resident of Sands Point, asked if this Amendment would reduce the monies received from the State for Police Officers and Firefighters. City Attorney Doody said this Amendment would not affect the money received from the State for Police Officers and Firefighters. He said the City had no choice about this Amendment because the State required this Statute to be Amended. VOTE: ALL VOTED AYE 24. MOTION TO ADOPT Temp. Ord. #1419 on first reading to reduce the municipal excise tax charged to property insurance premiums from 2% to 1.85% in accordance with amended Chapter 175 Florida Statutes. SYNOPSIS OF ACTION: APPROVED on first reading. City Attorney Doody read Temp. Ord. #1419 by title. City Attorney Doody said this Amendment was similar to Item 23. He recommended approval. * C/M Bender MOVED to APPROVE Temp. Ord. #1419 * on first reading, SECONDED by C/M Hoffman. VOTE: TAPE 3 ALL VOTED AYE At 10:30 A.M., Mayor Abramowitz RECESSED this meeting and RECONVENED at 10:40 A.M. with ALL PRESENT. General Administrative 11. MOTION TO APPROVE release of retainage to Thomas W. Ruff & Co., in the amount of $35,084.09 for TAMARAC MUNICIPAL COMPLEX/CITY HALL furnishings (tabled on 12/14/88). SYNOPSIS OF ACTION: APPROVED. * C/M Bender MOVED to APPROVE this Item, SECONDED by C/M Rohr. Mike Couzzo, Acting City Manager, said the Finance Department submitted the final retention amount as $35,084.09. Keith Emery, President of Construction Management, Inc., said this item was the final retainage for the furniture for the Municipal/City Hall Complex. He said the matter was reviewed and signed -off by the Architect, City Manager and himself. Page 13 WI 12/28/88 Mayor Abramowitz asked if this matter was connected with the landscaping and Mr. Emery replied, no. Mr. Emery said the landscaping matter would be completed sometime next week. Mayor Abramowitz asked what happened if there were problems with the furniture and Mr. Emery said if the City Council approved this payment, the one year warranty would begin. VOTE: REPORTS 6. CITY COUNCIL REPORTS ALL VOTED AYE C/M Hoffman inquired about the Ordinances which he requested of the City Attorney as follows: 1) Burglar Alarm Ordinance 2) Licensing of Rental Apartments 3) Square Footage Ordinance for Dwelling Units. City Attorney Doody the Burglar Alarm Ordinance would be brought to the City Council at the January 11, 1989 City Council meeting. He said the Rental Ordinance was being reviewed with the Building and Planning Departments. He said the Square Footage Ordinance needed a study so that a basis could be provided. City Attorney Doody said C/M Hoffman also requested an Ordinance for redefining the word "Family". He said this Ordinance was completed and he would bring the Ordinance to the City Council at the January 11, 1989 City Council meeting. C/M Hoffman asked if this request was part of the Licensing of Rentals Ordinance and City Attorney Doody said the matter was a different Section of the Code and could be adopted as two separate Ordinances. C/M Hoffman thanked the City Attorney for his Report. C/M Rohr reported on the recycling progress. He said he was pleased that the new proposal by Waste Management, Inc., was improved. He said a final contract was expected within as very short time. He said after the Workshop with the Condominium Associations he was informed that the Condominiums would be willing to assist in any way they can to determine how a recycling program could be established in the Condominiums. He said as soon as the single-family homes recycling contract was finalized, the Condominiums would be concentrated on. C/M Rohr said he was very concerned with the street lighting matter in the City. He said there had to be a way to accommodate the need and costs for the street lighting. He asked that the residents assist in getting more street lighting even if it took more money because it was needed in the City. C/M Bender suggested that the Public Works and Engineering Departments work with Florida Power & Light for recommendations as to expediting more street lighting in the City. He suggested the Departments request a schedule, cost and procedure on street lighting and report back to the City Council with the status. Page 14 n 1 11 12/28/88 V/M Stelzer said on December 19, 1988, he sent a memorandum to the City Manager regarding placing "Discussion, Investigation and Possible Action on the 64 Avenue cut -through". He said he did not know why the City Manager did not place this request on the Agenda; however, Item 12 was placed on the Agenda. He said he would like to take this time to report on his concerns with 64 Avenue. V/M Stelzer said he received a telephone call from Mary Jane Redfield informing him that 64 Avenue was being considered as a cut -through. He said he informed Ms. Redfield that he knew nothing about this matter and he informed Mayor Abramowitz about this concern, He said Mayor Abramowitz said he would contact Ms. Redfield, which he did. V/M Stelzer said Ms. Redfield contacted him a few days later and informed him that a road was being built on 64 Avenue. He said he visited the area and he investigated the matter. He said he found that on June 2, 1988, the previous City Planner, Thelma Brown -Porter, sent a letter to Ilene Leiberman, Mayor of the City of Lauderhill, with a Delegation Request signed by Mayor Abramowitz and Mayor Leiberman. V/M Stelzer said Mrs. Brown -Porter indicated in her letter that she would bring the matter to the County Commission for their approval. He said a copy of this letter was sent to the City Manager; however, the City Council was not aware of this Delegation Request which was to reduce the width of the road from 106-feet to 90-feet. V/M Stelzer said every previous City Council resisted requests to place a through road on 64 Avenue. He said Mrs. Brown -Porter was suddenly initiating an Amendment to go before the County Commission to change the road from 106-feet to 90-feet without the City Council knowing about this. He said during the month of July, 1988, the City Manager and Mrs. Brown -Porter kept pursuing the County Commission to take action on the Delegation Request. V/M Stelzer said the Chief of Office Planning, Director of Engineering and the Development Review Engineer recommended that the width of the road not be reduced to 90-feet. He said the Development Management Director wrote a letter to the County Commissioners which stated, "Staff recommends that the County Commission not initiate the subject amendment to the trafficway plan". V/M Stelzer said on September 7, 1988, Mrs. Brown -Porter presented the Delegation Request to the Planning Commission stating that it was already approved by the County Commission. He said Mrs. Brown -Porter said she would like the Planning Commission's approval so that the Delegation Request could be submitted to the City Council in October, 1988, which was never done. He said Mrs. Brown -Porter said the developer would spend approximately 1.5 million dollars to build Tamarac's portion of the road and the City would not be charged. V/M Stelzer said he only knew about the Planning Commission's action which indicated that they approved what Mrs. Brown -Porter requested. He said he contacted the City Engineer to determine if a permit was issued to have the area cleared and the reply was yes. He said Page 15 � l� 12/28/88 $625.00 was paid to have the area cleared. He said he never has known of the City Engineer giving a developer a permit that was building outside the City to clear and grub City property. V/M Stelzer said the plan submitted to the City Engineer indicated a 50-foot stretch from the middle of the road going east, towards the homes in Woodland. He said there was a 22-foot section and a 28-foot section and the plan indicated that grubbing should be done only on the 22-foot section and could only be cleared and grubbed in the City of Tamarac. He said the 28-foot section indicated that there was to be no work in this section; however, when he visited the area he asked the City Manager to go with him. He said the entire 50-feet, with the exception of approximately 5-feet, was cleared and grubbed. V/M Stelzer said the trees and shrubbery were taken out which was a violation of the grubbing permit. He said the 22-foot section had tons of landfill on it and, when this was questioned, they were informed that the developer planned to build a 334 home development on the west side of the road and the only access to the development would be on the road. He said the developer had to construct the road because the County would not approve the development unless there was access to the property. V/M Stelzer said the previous City Councils resisted the developers efforts to have this road and, all of a sudden, a deal was made without the City Council being aware of it to have the road. He said the area was violating two City Codes by having the landfill in the area and grubbing was done on the 28-foot section. V/M Stelzer said he would like to know who made all of the deals and what the developer was going to do about the 28-foot section and the landfill in the area. Mayor Abramowitz said he has tried since he became Mayor to change the previous image of the City; however, he was tired of the small vocal group of people making false statements. Mayor Abramowitz said he was not the Mayor of Woodmont, Woodlands, Sands Point, Kinqs Point,etc. He said he was the Mayor of the City of Tamarac and his responsibility was to do the best that could be done for the City. Mayor Abramowitz said the reason that the previous City Councils resisted the road on 64 Avenue was because there was never a need for a road. He said according to the Broward County Plat the developer received instructions to put in a road connecting Commercial Boulevard with 44 Avenue. He said when Mrs. Brown -Porter informed him of this matter she indicated that the City of Tamarac had no need for the road and the residents did not want it. He said Mrs. Brown -Porter indicated that the Broward County Trafficways Maps indicated that the City of Tamarac had a two lane highway planned which would be the City's responsibility. Mayor Abramowitz said he asked Mrs. Brown --Porter who would be responsible for the cost of the road. He said the City of Lauderhill had the developer paying for their portion of the road; however, the City of Tamarac, if and when the road is placed, would have to pay for their I Page 16 1 1 12/28/88 section. He said as a result of this a recommendation was made that the City of Tamarac go to the Broward County Commission to remove Tamarac's portion of that two way highway which meant that Broward County could not require the City of Tamarac to put in a two lane highway. Mayor Abramowitz said the City of Tamarac, by itself, would not be successful in appealing to Broward County for removal of their portion from the map; however, if a Delegation Request was presented by both Cities, there was an opportunity to have Tamarac's section removed from the map relieving Tamarac from being responsible for putting in the road. Mayor Abramowitz said the City of Lauderhill was very disturbed about having Tamarac's portion removed from the map and they wanted a four lane highway because the City of Lauderhill was not paying for it. He said the Mayor of Lauderhill and he worked very closely on other projects and they agreed to making this Delegation Request. Mayor Abramowitz said the law indicated that he could not talk to anyone on the City Council about matters that would be voted on by the City Council. He said he has been in constant contact with the City Manager and the City Manager was in contact with Mrs. Brown --Porter. He said this matter was handled in a legal proper manner. Mayor Abramowitz said he resented the word, "deal" because it sounded like someone was buying him coffee or breakfast. He said the only deal made was the City of Lauderhill would assist Tamarac in removing its portion of the road from Broward County's Map. Mayor Abramowitz said he was aware of the existing problems in the area and has spent several hours in the area. He said he has tried to be as truthful as he could; however, there was a group of people in the City whose only interest was political. He said these people were disappointed that the City Council was not fighting and getting the bad press the City previously had. Mayor Abramowitz said he received a letter from the Homeowners Association and he read a portion of the letter as follows: "They have been told all along by City Officials that not one foot of City land would be used for a road." Mayor Abramowitz said when he read this he was upset and he called the developer who has been very cooperative. He said the developers have contacted him regarding this matter; however, he found that this comment in the letter was a statement given by City officials 5 years ago. He said the developer sent a letter stating that "all along" pertained to the voicing of previous administrations only. Mayor Abramowitz said he could understand the residents being disturbed; however, he was responsible to the City of Tamarac. He said if the road was being built next to his house he would have done the same thing which was going by the rules and regulations governing his office. He said he did not bring this matter before the City Page 17 12/28/88 TAPE 4 Council because the law stated that he could not discuss anything with the City Council that may be voted on by the City Council. Mayor Abramowitz said at the previous meeting he informed the residents of this Delegation Request because he was assured that the Broward County Commission would remove Tamarac's portion of the road from their Map. He said this meant that Tamarac would never have to worry about building the road and spending approximately one million dollars. Mayor Abramowitz said he met with the City Manager and a delegation from the Woodlands Propertyowners Association. He said he informed them that the developer was willing to clean out the underbrush and landscape up to the property lines or leave as much of the natural foliage as possible which would grow back before the road is completed. Mayor Abramowitz said the City had a 50-foot section in the area and the original plan ,indicated a 10-foot median strip of which the City of Tamarac would give 3-feet and the City of Lauderhill would give 7-feet. He said Broward County required access to the property which meant a 6-foot Swale. He said with the requirements of Broward County, there would only be 34-feet between the 6--foot swale and the property line. Mayor Abramowitz said when he viewed the area he was worried that someone made a mistake. He said he found that several portions of the Woodlands encroached on Tamarac's property which meant that 34--feet was not available. He said the residents would have 50-feet except the City of Tamarac would be giving 5-feet for the median strip, 12-feet of the road, 1-foot of curbing and 6-feet of slab. Mayor Abramowitz said if he could avoid the road he would like to do this; however, if he had to do what was done, he would do it again because the City of Tamarac and its officials had no right to put themselves in a position where they would have to spend that kind of money. Mayor Abramowitz said he asked the Engineer and Planning Department of the City of Lauderhill to meet with the 'City of Tamarac's Director of Utilities/Engineering. He said there was a difference of opinion and he asked if the City of Tamarac would ever be responsible for building the road and paying for the costs if Tamarac's portion was removed from the County Map. Mayor Abramowitz said the answer to his question was that the City of Tamarac would not be responsible for the road if they were taken off of the County's Map. He said he resented the fact that there were certain people in the City picking on things for political reasons. V/M Stelzer said some of the statements made by Mayor Abramowitz were not factual. He said he had the Delegation Request submitted to the Broward County Commission dated August 5, 1988. He said the Delegation Request indicated that the Cities of Tamarac and Lauderhill wished to discuss a recommendation to reduce the road to two lanes and the reduction of two lanes J 1 1 Page 18 12/28/88 would better serve the residents' needs in the Cities. He said the Delegation Request did not indicate that Tamarac wanted to eliminate their portion from the County Map. Mayor Abramowitz said the purpose of the Delegation Request was to remove Tamarac's portion from the County Map. V/M Stelzer said he just read the Delegation Request which stated that the request was for a reduction from 106-feet to 90-feet. He asked where the Delegation Request indicated the elimination of Tamarac's portion from the County Map. Mayor Abramowitz said he would submit the information to V/M Stelzer indicating that the Delegation Request specifically stated deletion of the two lanes of Tamarac's portion of the Trafficways Map. V/M Stelzer said he was aware of the two developers and the developments would be built west of Queen Palm Boulevard. He said these developments did not pertain to this matter. He said the correct way of informing the City Council of this matter was to bring it to a City Council meeting. He said Mayor Abramowitz could have informed the City Council at a City Council meeting that this matter was being discussed. He said the deletion of the road was not mentioned. V/M Stelzer said the minutes of the Planning Commission indicated that Mrs. Brown --Porter would come back to the Planning Commission with plans in October, 1988. He said Mrs. Brown --Porter indicated that the plans would be prepared by engineers from the City of Lauderhill and there would be no cost to the City of Tamarac. V/M Stelzer said the City Manager met with Mayor Abramowitz and they knew exactly what was going on; however, when he visited the site with the City Manager, the City Manager was aghast that all of the shrubbery was cleared. He said his investigation had nothing to do with any other person in the City. He said Mayor Abramowitz had no right to make deals with anyone to have the road narrowed from 106-feet to 90-feet. Mayor Abramowitz said he had every right to work with the City Manager and Director of Community Development and the reason it was not brought before the City Council was because there was nothing to discuss. He said the City of Tamarac was being forced by Broward County to accept the road; however, he has tried to make the matter the best it could be and remove the threat to the City of ever having to build the two lane road. He said he knew that the residents were not happy with having this road; however, nothing could be done about it. Mayor Abramowitz said regardless or wrong, he tried to do the best He said V/M Stelzer was aware of investigation because V/M Stelzer Redfield. 7. CITY MANAGER REPORT - No Report. 8. CITY ATTORNEY REPORT - No Report. of whether it was right he could for the City. this matter before his asked him to call Ms. Page 19 12/28/88 CONSIDERATIONS Utilities/Engineering 12. POSSIBLE ACTION on a report by the Engineering Department relating to NW 64 Avenue. SYNOPSIS OF ACTION: REPORT was given. DIRECTED staff to pursue the Delegation Request with Broward County and the Director of Utilities/ Engineering is to submit a list of the violations to the City Council. The City Attorney is to review the list and report to the City Council as to what could be done legally to get the violations corrected. Bob Foy, Director of Utilities/Engineering, read a report relating to NW 64 Avenue. (SEE ATTACHMENT 2) Mayor Abramowitz Opened discussion to the Public. Phyllis Davis, Resident of 4609 Northfolk Island Pine Drive, had concerns with the City granting a permit for removal of the foliage in the western boundaries. She had concerns with the developer stockpiling an 8-foot sand wall on Tamarac's easement and right -of --way. Mrs. Davis said she met with the developer and staff who indicated that they were not responsible for replacing the foliage in the area. She asked if the residents were expected to correct this matter. Mayor Abramowitz said the residents were not expected to correct the property damage. He said there was Florida Holly on the property which was an illegal bush; however, when the road is finished, the foliage in the area would have grown back. He said the developer indicated that they wanted to let the natural foliage grow back because it was safer. Mayor Abramowitz asked Mrs. Davis if he informed her two months ago that he was trying to take the two lane road off of the County Map and Mrs. Davis replied, yes. Mrs. Davis said the residents were not questioning Mayor Abramowitz's good intentions. She said the homeowners were concerned in seeing a legal permit indicating the elevation. Mayor Abramowitz said he was assured that this permit would be available for the residents to review. He said he would make sure that staff addressed Mrs. Davis's concerns. He said the back of the residences would not be paved. He said if the back of the homes were going to be paved he would not have tried to get the two lane road from the County Map. He said he was as honest as he could be when he met with Mrs. Davis. Mrs. Davis said she was not questioning Mayor Abramowitz's good intentions; however, legally the stockpile of sand should not be on the property. She asked if the City would stand behind her if she got a bulldozer, leveled the sand and built an 8-foot wall to protect her home and Mayor Abramowitz replied, yes. Page 20 12/28/88 1 1 1 Mayor Abramowitz said he was aware of the sandpile because he climbed it with Mrs. Davis. He said if the residents wanted an elevation map it would be made available for them. Mrs. Davis asked when the road would be built and Mayor Abramowitz said he was informed that the matter would be before the City Council of Lauderhill at their next meeting and Broward County had the matter on their February, 1989 Agenda. He said, hopefully, the construction on the road would begin at the end of February, 1989. Sam Nadan, Resident of 8301 Sands Point Boulevard, had concerns with Mayor Abramowitz not making the City Council aware of this matter. He questioned Mayor Abramowitz's right to give away this land or write it off the County Map without a City Referendum. Mayor Abramowitz said Broward County had the authority to make these decisions. Mr. Nadan suggested that the State Attorney's office be contacted on this matter because he did not believe that Broward County had the authority to do this. C/M Rohr said the only thing being asked by the County was to remove the City's Right -of -Way Road from the map. He said the City was not giving away any land. City Attorney Doody said land was not being given away. He said the County created this map by figuring the roads that would be needed by the year 2000. He said the map indicated that the road in question would need four lanes and there was a Delegation Request in process to change the map before the need of the four lane road. He said the map gave the authority to the Government to require the developer to build roads based on the projected future traffic needs. Anthony Grimaldi, Resident of Sunflower/Heathgate, had concerns with Mayor Abramowitz subjecting himself into this matter when the City Planner brought the matter to the Planning Commission and was going to bring it back to the Planning Commission for final approval. He said the information being discussed at this meeting could have been submitted to the Planning Commission for further suggestions. He said it was an insult to the Planning Commission because they did not receive this information and because the City Planner did not follow up on the procedure. Mr. Grimaldi said he was surprised when he read about the matter in the newspapers. He said the residents were upset with the matter and Mayor Abramowitz saw fit to handle the matter himself. He said he was sorry that Mayor Abramowitz was resented for doing this. Mayor Abramowitz asked if the City Planner brought this matter to the Planning Commission before the permit was issued and Mr. Grimaldi said the City Planner asked for the Planning Commission's approval so that the matter could be studied further. Mr. Grimaldi said the City Planner never brought the matter back to the Planning Commission for approval. i i Page 21 12/28/88 TAPE 5 Mayor Abramowitz said he was not responsible for the City Planner's actions before the Planning Commission. He said he felt that this Delegation Request was a good idea. He said he felt he was acting in the best interest of the City. Mr. Grimaldi said he agreed that Mayor Abramowitz was working in the best interest of the City; however, the matter could have been handled better if the residents and Planning Commission were informed of the matter. Stan Cohen, Resident of 4805 Queen Palm Lane, asked if there was a permit given for the clearing of the 22-foot area and Bob Foy, Director of Utilities/Engineering, replied, yes. Mr. Cohen asked if the City had the right to do something about this developer going beyond the permit allowance. City Attorney Doody asked Mr. Foy if the developer indicated why the clearing was beyond the 22-feet and Mr. Foy said he was not aware that the developer went beyond the 22-Meet. Mr. Cohen asked if the City could make the developer correct the matter if there was a violation and Mayor Abramowitz said there would be landscaping in the area. Mr. Cohen said when the residents bought their property it was because of the scenery, silence and security; however, with this road, all of these things would not be available. Mayor Abramowitz said if there are violations in the area, they would be corrected. Mr. Cohen said the City Council had the right to demand certain things from the developer and Mayor Abramowitz said the City Council was very fussy concerning what was being built in the City. Mrs. Davis, Resident, had concerns with the City not inspecting the site to see that the clearing was being done properly. Mr. Cohen suggested that the City Council take the necessary actions to have the developer correct the violations. C/M Hoffman said the discussion on this matter has taken place and the City Council would see that everything is done to correct the matter. He suggested that Mr. Cohen submit a recommendation to the City Council from the residents as to what needed to be done in the area. Mr. Cohen suggested that the City Council discuss with the City Attorney what could be done legally to correct the violations. C/M Hoffman asked when the City Council could expect the letter from Mr. Cohen and Mr. Cohen said the letter would be submitted within 1 week. C/M Bender said he would like the Engineering Department to submit a list of the violations to the City Council and, when the list was available, he would like the City Page 22 1 1 12/28/88 1 C 1 Attorney to review the list and report to the City Council as to what could be done legally to correct the matter. Lillian Feldman, Resident of Woodlands, had concerns with the legality of the matter. She said Broward County has not approved the developer building this road as a two lane or four lane; therefore, the City of Tamarac should not be concerned with the costs. Mayor Abramowitz said it was dictated that a four lane road would eventually be built there because it was on the site plan. He asked if the residents wanted the City to withdraw the Delegation Request giving the County the ability to require a four lane road in the area. Mrs. Feldman said she was concerned with the developer starting the road without Broward County knowing what was needed. Mayor Abramowitz said Broward County was aware of the development; however, the City of Tamarac was trying to avoid having to place a two lane road in the area and paying the costs. He said he felt that the residents wanted the Delegation Request removed as opposed to avoiding the four lane road in the area. Emanuel Rosen, Resident at 4804 Queens Palm Lane, said the residents expected the City Council to do the best they could in the area because the road was not needed in the City of Tamarac. He said the City Council requested a list of the violations so that the matter could be corrected. Mayor Abramowitz said he talked to Mr. Rosen over the telephone and explained the Delegation Request. Mr. Rosen said Mayor Abramowitz informed him of the matter; however, there have been things occurring since the conversation took place. C/M Bender said the City Attorney and City Engineer would be investigating the matter. Anthony Silvestri, Resident of Limebay and member of the Planning Commission, said the Planning Commission received a plan on the project which indicated a cul-de-sac at the end of the road. He said the Planning Commission approved this plan for submittal to the County and the plan indicated the road being changed from a four lane road to a two lane road. C/M Hoffman asked if Mr. Grimaldi was present at that Planning Commission meeting and Mr. Silvestri said Mr. Grimaldi was present at that meeting; however, he was informing the City Council of exactly what was discussed and approved at that Planning Commission meeting. At 12:25 P.M., Mayor Abramowitz RECESSED this meeting and RECONVENED at 1:25 P.,M. with ALL PRESENT except V/M Stelzer. ** The following is a continuation of discussion on Item 12. Page 23 12/28/88 * C/M Hoffman MOVED to DIRECT staff to pursue the Delegation * Request with Broward County and for the Director of Utilities/ * Engineering to submit a list to the City Council.. He said the * City Attorney is to review the list and report to the City * Council as to what could legally be done to get the violations * corrected, SECONDED by C/M Rohr. VOTE: ALL VOTED AYE RESOLUTIONS Community Development 15. MOTION TO ADOPT Temp. Reso. #5266 approving a revised site plan to reduce the 'size of the ISLES OF TAMARAC Clubhouse expansion. SYNOPSIS OF ACTION: RESOLUTION NO. R--88-346 - PASSED APPROVED. City Attorney Doody read Temp. Reso. #5266 by title. * C/M Hoffman MOVED to APPROVE Temp. Reso. #5266, * SECONDED by C/M Rohr. C/M Hoffman said there was a previous site plan requesting the size of the Clubhouse be increased. He said after the site plan was approved, it was determined that the size approved was too large; therefore, this request was to reduce the site plan. VOTE: ALL VOTED AYE 16. MOTION TO ADOPT Tem2- Reso. #5270 transferring a special exception for on -premises consumption of beer and wine from Mano/Bal, Inc., d/b/a Surf & Turf Restaurant, to Domenic Palmieri, President, Wing City, Inc., located at 5435 N. State Road 7. SYNOPSIS OF ACTION: RESOLUTION NO. R-88-347 - PASSED APPROVED. City Attorney Doody read Temp. Reso. #5270 by title. * C/M Bender MOVED to APPROVE Temp. Reso. #5270, * SECONDED by C/M Hoffman. Mike Von Hofen, Acting City Planner, said this request was for a special exception for the on -premises consumption of beer and wine. He said the special exception would be for Wing City, Inc., and this was a transfer from one restaurant owner to another. He recommended approval. City Attorney Doody said the Resolution previously granting the special exception for Surf & Turf Restaurant indicated that if there was a transfer of ownership, the special exception was to appear before the City Council for approval. VOTE: ALL VOTED AYE City Council _ C/M Henry Rohr 9. DISCUSSION AND POSSIBLE ACTION to determine whether the Crty Attorney shall prepare an Ordinance calling for mandatory space for recycling containers in all proposed multi -dwelling buildings. Page 24 y l 12/28/88 SYNOPSIS OF ACTION: AUTHORIZED the City Manager directing the appropriate staff to do a Feasibility Study and submit the Study to the City Attorney for review with a Report for the City Council. C/M Rohr said he was proposing an ordinance that would mandate all multi -dwelling buildings to have additional space for recycling containers. He said making the space mandatory would eliminate problems in the future. Mayor Abramowitz asked if the Ordinance would require the space to be outside or inside the dwelling units. C/M Rohr said the dumpster rooms could be made large enough for the recycling containers. He said the Engineering Department could determine the size needed for each building. C/M Hoffman said he agreed that more space was needed for condominiums and he suggested that a second chute be required in the existing buildings for recycling materials. C/M Bender said there was a need to establish an Ordinance mandating a minimum space requirement for recycling to accommodate the State's requirement for a Recycling Program. C/M Rohr said he did not agree with additional chutes being installed because as the recycling program progresses, there may be a need to make additional changes. He suggested that the Ordinance be created for the space, size and height of the building. Mike Couzzo, Acting City Manager, suggested that the City Manager be instructed to direct the appropriate staff to do a Feasibility Staff study and submit the Study to the City Attorney for review and a Report to the City Council. ** The following Vote is for Mr. Couzzo's suggestion. VOTE: ALL VOTED AYE Finance Department 10. MOTION TO APPROVE the purchase of an IBM personal computer from Caber Systems, Inc., in the amount of $3,267.00 for the Data Processing Department under state contract in lieu of bidding. SYNOPSIS OF ACTION: APPROVED. * C/M Rohr MOVED to APPROVE this Item, SECONDED by C/M Bender. C/M Hoffman asked why this computer was needed. Ken Burroughs, Finance Director, said the Data Processing Department was recently borrowing TUW's Personal Computer; however, that computer had to be returned to TUW; therefore, a computer was needed. He recommended approval of this Item. VOTE: ALL VOTED AYE / Page 25 12/28/88 13. MOTION TO APPROVE the purchase of a Chevrolet Blazer 4X4 diesel vehicle from Jack Wilson Chevrolet in the amount of $16,472.56 under state contract in lieu of bidding for the Utilities Department. SYNOPSIS OF ACTION: TABLET] until further information is received. * C/M Rohr MOVED to APPROVE this Item, SECONDED by C/M Bender. Bob Foy, Director of Utilities/Engineering, said this vehicle was needed to replace the existing vehicle. He said this vehicle was a 4--wheel drive that could be used in an emergency situation to get to the wells. He said the vehicle was in the Budget and he recommended approval. C/M Bender asked why a diesel vehicle was being requested and Mr. Couzzo said the Public Works Fleet Maintenance Department recommended that this type of vehicle be purchased due to the problems experienced in flooding conditions with gas powered equipment. Mr. Couzzo said diesel engines do not stall as frequently as gas powered engines. C/M Bender asked if the facilities were available to maintain diesel vehicles and Mr. Couzzo replied, yes. Mayor Abramowitz asked if this vehicle was needed and Mr. Foy said the existing vehicle was worn out and this vehicle would be an upgrade to handle emergency situations. C/M Hoffman asked how many miles the existing vehicle had on it and Mr. Foy said approximately 60,000. C/M Hoffman had concerns with the existing vehicle being replaced since the mileage was not great. Mr. Foy said the existing vehicle was constantly breaking down and Public Works was continuously working on it. Mayor Abramowitz said if the new vehicle was not needed the money should not be spent. C/M Hoffman asked what would be done with the existing vehicle and Mr. Couzzo said the vehicle would be auctioned off and the funds would be given to the Finance Department for application to the appropriate department. C/M Hoffman said the mileage on the existing vehicle did not seem like a lot and he asked what was wrong with the vehicle. Mr. Couzzo said he would like to review the file on the vehicle and report back to the City Council. * C/M Hoffman MOVED to TABLE this Item until further information * is received, SECONDED by C/M Rohr. C/M Rohr said he would like to know how much it would cost if the motor had to be replaced in the existing vehicle. TAPE 6 Mayor Abramowitz asked why the 4-wheel vehicle was being requested and Mr. Couzzo said there was only one 4-wheel drive vehicle in the City for emergency situations. VOTE: ALL VOTED AYE Page 26 12/28/88 RESOLUTIONS Building Department 14. a. MOTION TO ADOPT Temp. Reso. #5274 approving waiver from Section 21-3 of the sign code pertaining to color of a wall sign requested by ALBERTSON'S, INC. b. MOTION TO ADOPT Temp. Reso. #5275 approving waiver from Section2173 of the sign code pertaining to color of a ground sign on McNab Road requested by ALBERTSON'S, INC. c. MOTION TO ADOPT Temp. Reso. #5276 approving waiver from Section 21-3 of the sign code pertaining to color and Section 21-7(h)(1) of the sign code pertaining to height of a ground sign on University Drive requested by ALBERTSON'S, INC. (located at the northeast corner of McNab Road and University Drive) SYNOPSIS OF ACTION: TABLED C. APPROVED a. and b. RESOLUTION NO. R-88-344 - PASSED RESOLUTION NO. R-88-345 -- PASSED City Attorney Doody read Temp Reso. 45274 by title. * a. C/M Rohr MOVED to APPROVE Temp. Reso. #5274, * SECONDED by C/M Bender. Dale Lee, Acting Building Official, said Albertson's has applied to the Building Department to install signs on their building. He said the application was denied by the Planning Department because Section 21-2 of the Ordinance required signs to be the same color of the shopping center. He said the criteria for the shopping center is orange and Albertson's requested blue lettering for their signs which was consistent with their stores throughout the Country. Mr. Lee said Albertson's requested a waiver to the Ordinance and he recommended approval for blue lettering on the signs. He said there were three signs involved which consisted of a large wall sign on the face of building and a pylon sign of 12-feet on McNab Road and staff recommended approval for blue lettering on these signs. He said the third sign on University Drive was 25-feet; however, the Ordinance only allowed 12-feet. He said, therefore, staff does not recommend approval for the 25-foot sign; however, staff would approve the sign of 12-foot. C/M Hoffman said the Sign Ordinance Task Force was assigned to review the Ordinance. He said one of the most important considerations in the Sign Ordinance review was the criteria of color. He said there have been problems in the past with shopping centers having different colored signs. He said he was opposed to approving any waiver to anyone on color and the City Council should wait to do so until the Sign Ordinance is proposed. Mayor Abramowitz said every Albertson's had blue signs and he asked if the logo submitted to Albertson's by the State indicated a specific color and Mr. Lee replied, no. Page 27 12/28/88 Mayor Abramowitz said he would like to allow Albertson's to have blue lettering because it was their color; however, when the Sign Ordinance was adopted changes could be made in the future if required. C/M Rohr said he would like to see a blue and white sign as opposed to an orange sign because of the size of the signs. Mr. Lee said the Planning Commission denied the waiver only because of the Ordinance requirements; however, they do approve the blue lettering. VOTE: Mayor Abramowitz - Aye C/M Bender - Aye C/M Hoffman - Nay C/M Rohr - Aye City Attorney Doody read Temp. Reso. #5275 by title. * C/M Bender MOVED to APPROVE Temp. Reso. #5275, * SECONDED by C/M Rohr. Mr. Lee said this sign met the criteria with a 12-foot height and he recommended approval. C/M Hoffman said the City was compounding the color problem in the City by approving waivers. He said color should be the principal consideration in granting waivers. Mayor Abramowitz said when the new Sign Ordinance is adopted and Albertson's is in violation, they would have to comply with the Ordinance. VOTE: Mayor Abramowitz - Aye C/M Bender - Aye C/M Hoffman - Nay C/M Rohr - Aye City Attorney Doody read Temp. Reso. #5276 by title. * C/M Bender MOVED to APPROVE Temp. Reso. #5276, * SECONDED by C/M Rohr. Mayor Abramowitz asked if there was a change in the height of the sign. Mr. Lee said Albertson's expressed concerns about trees along University Drive blocking the 12-foot sign. He suggested that Albertson's relocate some of the trees and Albertson's has agreed to do so. Mayor Abramowitz said he would like a stipulation in the Resolution indicating that the trees would be relocated and not replaced. City Attorney Doody asked a Representative of Albertson's if they agreed to relocate the trees and the Representative replied, yes. Anthony Silvestri, member of the Planning Commission, suggested that the City Council deny this Item until an Agreement to reduce the sign to 12-feet was submitted by Albertson's. Page 28 12/28/88 Mayor Abramowitz asked the City Attorney if this Item could be approved with the stipulation that the sign be 12-foot. City Attorney Doody said he was going to recommend that the Resolution be Amended. He said if Albertson's agreed to a 12-foot sign there was no need for a waiver because it complied with the Ordinance; however, there were concerns regarding the color of the lettering being blue. He said there may be another condition added to the Resolution regarding the trees being relocated. He said moving the trees may cause them to die. Mike Von Hofen, Acting City Planner, said the trees may not be able to be moved. He said if the trees had to be removed, the Planning Department would suggest that two trees be placed in another area in place of the one removed. Mayor Abramowitz suggested that this matter be Tabled for further investigation. * C/M Bender MOVED to TABLE Temp. Reso. #52761 * SECONDED by C/M Rohr. C/M Hoffman suggested the Motion be to Deny this Item and City Attorney Doody said if the Item was Tabled it could be brought back at a later date after the Agreements were received. Mayor Abramowitz suggested the Item be Tabled until the Agreement regarding height of the sign was received and the trees are moved and guaranteed for a period of time. C/M Bender suggested that Albertson's Representative inform his Office that a letter of Agreement was needed for the size of the sign and the moving of the trees. VOTE: ALL VOTED AYE 17. MOTION TO ADOPT Temp. Reso. #5271 transferring a special exception for on -premises consumption of beer and wine from Tropical Pizza Company of Tamarac, Inc., d/b/a Pier 441 West, to Craig Carlino, Owner, DaVinci's Italian Restaurant located at 8765 NW 57 Street (PLAZA DEL SOL) . SYNOPSIS OF ACTION: APPROVED. title. RESOLUTION NO. R-88--348 -- PASSED City Attorney Doody read Temp. Reso. #5271 by * C/M Rohr MOVED to APPROVE Temp. Reso. #5271, * S 'CONDED by C/M Bender. Mike Von Hofen, Acting City Planner, said this request was for transfer of special exception and staff recommended approval. City Attorney Doody said the previous Resolution required that a transfer of owners appear before the City Council for approval. VOTE: ALL VOTED AYE Page 29 12/28/88 18. MOTION TO ADOPT Temp. Reso. #5272 authorizing the appropriate City�o£ficials to execute an agreement with Broward County relating to transfer of local level park impact fees for the WOODLANDS COVE project. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-88-349 - PASSED City Attorney Doody read Temp. Reso. #5272 by title. * C/M Bender MOVED to APPROVE Temp. Reso. #5272, * SECONDED by C/M Hoffman. Mr. Von Hofen said the developer paid the Impact Fees to the County and this development was in the new annexed area; therefore, the Impact Fees were being transferred to the City of Tamarac. VOTE: ALL VOTED AYE 19. MOTION TO ADOPT Temp. Reso. #5267 providing for the elimination of one Planning Technician and one Growth Manage- ment Technician positions and providing for the creation of two Clerk/Typist positions in the Community Development Department. SYNOPSIS OF ACTION: RESOLUTION NO. R-88-350 - PASSED APPROVED. City Attorney Doody read Temp Reso. #5267 by title. * C/M Bender MOVED to APPROVE Temp. Reso. #5267, * SECONDED by C/M Hoffman. Mr. Von Hofen said the existing two positions were technically Clerk/Typist positions. He said the City would be saving approximately $4,300.00 in changing these positions. He said the job descriptions were formulated to meet the two positions and he recommended approval. Mayor Abramowitz asked if this change would inhibit the quality of the Department and Mr. Von Hofen said this change would not affect the Department. VOTE: ALL VOTED AYE Mayor Abramowitz wished everyone a very Healthy and Happy New Year. With no further business, Mayor Abramowitz ADJOURNED this meeting at 2:30 P.M. 'IT MAN ABRAMOWITZ, MAYOR � CAROL A. EVANS, CITY CLERK "This public document was promulgated at a cost of $168.80 or $21.10 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 TAM A RAC APPROVED AT MEETING OF L'Lle Gl 7 Page 30 City Clerk ,r J r 1 .� CITY OF TAMARAC INTEROFFICE MEMORANDUM 8812-501 TO: MIKE VON HOFEN, ASSISTANT PLANNER FROM: JIM BUDZINSKI, FIRE MARSHAL ,6 THRU: RAYMOND BRIANT, FIRE CHIEF P SUBJECT: COMMERCIAL OFFICE VILLAS REF: MF 15-88 DATE: December 6, 1988 ra 14,s1 gg 7)e l cr7— I have reviewed the site plan submitted for this project. Due to the size and shape of the parcel and the building design, the site plan does not comply with the fire access requirements of the City Code (Section 18--4). However, the developer has agreed to provide the following fire protection features which exceed the fire code requirements. 1. Buildings will be completely protected by an automatic fire sprinkler system meeting the requirements of NFPA 13, 1985 edition. 2. Individual occupancies within the structures to be separated by a two hour fire division wall extending above the roof. 3. Emergency access areas will be provided to allow vehicular circulation around the buildings. 4. Fire hydrants and fire department connections (to serve the sprinkler systems) will be located in areas approved by the fire department. 5. Landscaping will not obstruct fire department ladder access to the structure. I believe that, with these features, the fire protection provided is greater than the fire access code requires. It is my recommendation that this site plan be allowed to continue through the approval process. If you have any questions regarding this matter, please contact me. JMB/tab v D R A F T " REPORT FROM TAMARAC CITY ENGINEER RELATING TO NORTHWEST 64TH AVENUE r COUNCIL AGENDA ITEM NO: 12 FOR DECEMSER 28, 1988 rCITY OF TAMARAC COUNCIL MEETING fi The East 1/2 Right -of -Way for Northwest 64th Avenue between Northwest 44tb Street and Commercial Boulevard is within the City of Tamarac and is fifty (50) feet wide. The West fifteen (15) feet of this half Right -of -Way was obtained via a Fort Lauderdale Truck Farms Plat that is recorded in Plat Book 4, Page 31 in 1924. The Plat dedication indicates that this fifteen (15) foot is dedicated to the public as a thoroughfare. The East thirty-five (35) feet of the fifty (50) foot half Right -of -Way was obtained by Warranty Deed from Behring Properties, Inc. to the City of Tamarac in 1969 as recorded in Official Record Book 3851, Page 236 with a notation - "This conveyance is made for Road Right -of -Way purposes." Broward County Staff has advised that as a condition of plat approval (Boulevard Forest Plat that is recorded in Plat Book 113, Page 39, and Inverrary Boulevard Estates that is recorded in Plat Book 112, Page 25) the developer must construct two (2) lanes of 64th Avenue within five (5) years of time CO's are issued. The County holds a Performance Bond to guarantee construction of the required two (2) lanes. PLAN FOR REVISED MINOR REVIEW Developer: CITY PLANNED COMMUNITIES How-rd Lire o� kr rot5, T 4js,tzgr e c �.v �gt�iMrwrzLr�.l, �L�v. SwIoPP�ti H'• 2 C?-5-107,P,,.g3) w- i V w N 0 N cc ,a, BOULEVARD FOREST PLAT cn (P.B. 113, Pg. 39) y F- Ln v Jo i Q 2Lu , :�I '���q " oµO N � � g i..,., V A LAUDERHILL u12 - t-&. 25 7 ILE 9 uj z w 4 ss~G. 15, Y ; a41 E 53' TZO w. 5a' a.a.W. 103 � Tvra(. R.O,W, A-+ Lim a rya ,�y rr C.a �Tzi1G'�"jbN z Y I TAMARAC W.b,W. ®u r. I W. AA,-r4 �frLee r 2, 1 � � � & LAUDERHILL TAMARACROW . rt SECTION A -A \M 'TAMARAC CITY ENUJEER 6�� i � �I/ ✓Idi a�llj 1. � 1��;i�F+ I� ,I. I I L G QMG A. SMITH & ASSOCIATES CONSULTING ENGINEERS* PLANNERS* SURVEYORS 1000 West MCNab Road•Pompano Beach, Fla, 33069 F'roj No.: 86"-1027 fl [l