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HomeMy WebLinkAbout1982-03-10 - City Commission Regular Meeting Minutes7� 1 ' P. 0. BOX 25010 TAMARAC, FLORIDA 33320 FIRST CLASS MAIL CITY OF TAMARAC, FLORIDA CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, MARCH 10, 1982 CALL TO ORDER: 10:00 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 Counci= members to table those items which require additional research. Council may agendize by majority consent matters of an urgent nature which have come to Council's attention after publication. PRESENTATIONS AND AWARDS 1. Alcoholism Awareness - Presentation by Mayor Falck of a pro- clamation designating the week of March 22 - 29, 1982, as "Alcoholism Awareness Week in the City of Tamarac". TAMARAC UTILITIES WEST 2. Bid Award - Temp. Reso. #2177 - Discussion and possible acti to award a bid for painting and structural repairs at the water treatment plant. (tabled from 2/24/82) 3. Bid Award - Temp, Reso. #2189 - Discussion and possible action to award a bid for the excavation and stockpiling of lime sludge. CONSENT AGENDA 4. Items[listed under Item #4, Consent Agenda, are viewed to be routine and the recommendation will be enacted by one motion in the form listed below. There will be no separate dis- cussion of these items. If discussion is desired, then the item(s) will be removed from the Consent Agenda and will be considered separately. a) Minutes of 1/13/82 - Regular Meeting - Approval recommended by City Clerk. b) Minutes of 1/19/82 - Reconvened Regular Meeting - Approval recommended by City Clerk. c) Minutes of 1/27/82 - Regular Meeting - Approval recommended by City Clerk. d) Minutes of 1/28/82 - Reconvened Regular Meeting - Approval recommended by City Clerk. e) Alan F. Ruf - Consulting City Attorney - 3/5/82 - $1,125.00 and $175.00 - Total $1,300.00 - Approval recommended by City Attorney. 3/10 Pg. 2 Proclamation presented by Mayor 3/10 Pgs.3 & 4 TABLED to 3/16 3/10 Pg. 4 APPROVED to CPS Const.-$4,500 price per ft- $800 3/10 Pg. 6 APPROVED items a) through m) PAGE TWO f) Richard S. Rubin - Consulting City Planner - February, 1982 -I $2,111.99 - Approval recommended by City Manager. g) Williams, Hatfield & Stoner, Inc. - Consulting City Engineer 2/22/82 - $181.13 - Approval recommended by City Engineer. h) Williams, Hatfield & Stoner, Inc. - Consulting City Engineer 2/24/82 - $978.83 - Approval recommended by City Engineer. i) Peters, Pickle, Flynn, Niemoeller, Stieglitz & Downs - Special Legal Counsel for Garchar vs. Tamarac - 2/17/82 - $5,940.22 - Approval recommended by City Attorney. j) Del Riccio Brothers Construction, Inc. - 1982 Storm Drainage Improvements - Westwood Community 3 -- 2/28/82 - $41,241.60 - Approval recommended by City Engineer. k) H.L.R.,Inc. - Rezoning Petitions #47-Z-80 and #48-Z-80 - Approval to extend the tabling action to March 24, 1982, as requested by the petitioner. 1) Shell Oil Company - Land Use Amendment -- Petition #1-RU-81 - Approval to extend the tabling action to March 24, 1982, as requested by the petitioner. m) Off -Street Parking Regulations - Temp. Ord. #820-A - Approval to remove from the agenda. GENERAL ADMINISTRATIVE/FINANCIAL 3/10 Pg. 7 M APPROVED to Bid Award - Police Department - Temp. Reso. #2190 - Discussio R.O.Arther Co. and possible action to award a bid for polygraph equipment. $3,133 6. Florida Interagency Narcotics Information_ Network - Temp.Reso #2191 - Discussion and possible action to approve an agreemen with the Florida Department of Law Enforcement. 7. Acceptance of Donations - Tem . Reso. #2192 - Discussion and possible action to accept four weapons donated to the Police Department. 8. Frenz Enterprises, Inc. - Bond Release - Temp. Reso_ _#2193 - Discussion and possible action to release a performance bond posted for removal and disposal of sludge from Plants 1 and 4 at Tamarac Utilities West. 9. Festival of Lights - Discussion and possible action on: a) Acceptance of report by the Holiday Committee (tabled from 1/27/82). b) Consideration of surplus funds. 3/10 Pg. 7 APPROVED agree- ment w/Fla.Dept Law Enforcement 3/10 Pg. 11 APPROVED 3/10 Pg. 11 APPROVED 3/10 Pgs.11,12 & 13 a)APPROVED b)Pur.Ag.author zed to prepare pecs for portab ound system,if ny money left a 10. Proposed Park - Discussion and possible action to request the 3/10 Pgs.16,17, State to donate, for a proposed park, a parcel of land north & 18 APPROVED of Prospect Road lying between Tamarac Lakes 1 and 2. concept 11. Health Insurance - Discussion and possible action. PUBLIC HEARINGS - 2:00 P.M. 12. Off -Street Parking Requirements - Temp. Ord. #941 - Dis- cussion and possible action to amend Chapter 18 of the Code pertaining to residential zoning districts. Second Reading. 3/10 Pgs.13-14 APPROVED.TABLED for further dis cussion to 3 16 ....'e gar 13. PAGE THREE 3/10 Pg. 19 Woodlands Section 8 - Vacation of Canal Right -of -Way - Temper APPROVED on 1st Ord. #955 - Discussion and possible action to vacate a reading. portion of a canal right-of-way adjacent to Lot 5, Block 46.I Second Reading. 14. Woodlands Section 8 - Vacation of Canal Right -of -Way - Temp_ Ord. #969 - Discussion and possible action to vacate a por- tion of a canal right-of-way adjacent to Lot 4, Block 46. Second Reading. 15. Townhouses of Woodmont, Inc. - Rezonin Petition #24--2--81 - Discussion and possible action to rezone lands on the south side of Southgate Boulevard approximately 500-feet east of NW 88 Avenue, from B-3 to RM-10, by Tem Ord. 4954. First Reading. a) Acceptance of Affidavit of Publication, Affidavit of Post- ing and Affidavit of Mailing. b) Consideration of Application. LEGAL AFFAIRS 16. Fort Lauderdale Executive Airport - Discussion and possible action to authorize Milledge and Hermelee to continue to represent the City in litigation. 17. Plattin Procedures and Re uirements - Temp. Ord. #925 - Discussion and possible action to amend Chapter 20 of the Code by revising platting requirements. First Reading. 18. Temporary Sales Trailers - Temp. Ord._#938 - Discussion and possible action to amend Section 28-216b(2) of the Code by Permitting a temporary sales trailer for a residential pro- ject prior to site plan approval. First Reading. 19. Business Uses - Ten . Ord. #963 -- Discussion and possible action to amend Section 28-171 of the Code to permit the sale of bottled gas in B-1 and B-2 zoning districts. First Reading. 20. Beautification Regulations - Temp. Ord. #964 - Discussion and possible action to amend Chapter 6 of the Code to permit Council to approve optional designs of walls separating business from residential property. First Reading. COMMUNITY DEVELOPMENT 21. Woodlands Homeowners Association - Sign Waiver - Temp.Reso. #2206 - Discussion and possible action to waive the pro- visions of the sign ordinance for a permanent ground sign in the median of Sago Palm Boulevard. 22. Versailles Gardens - Sign Waiver - Temp. Reso. #2207 - Dis- cussion and possible action to waive the provisions of the sign ordinance for a temporary directional sign at the northwest corner of NW 80 Avenue and McNab Road. 23. Lakes of Carriage _Hills - Sign Waiver - Temp. Reso. #2208 - Discussion and possible action to waive the provisions of the sign ordinance for a temporary directional sign at the northeast corner of Commercial Boulevard and Rock Island Road. 24. Coldwell Banker - Sign Waiver - Temp. Reso. #2209 - Dis- cussion and possible action to waive the provisions of the sign ordinance for a temporary ground sign at the Colony Springs Building, 8333 W. McNab Road. 3/10 Pg. 19 APPROVED C/Clrk to advise applicant to petition County vacate r-o-w 3/10 Pg. 2 Withdrawn at request of petitioner 3/10 Pgs.14&15 APPROVED author izing Millege & Hermelee to continue -not to exceed $7,000 3/10 Pgs.19&20 APPROVED on lst i 4uu1y Aj 3/10 Pg. 20 TABLED to 3/24 3/10 Pg. 22 APPROVED on ,1st reading 3/10 Pgs.24&25 TABLED to 3/16 3/10 Pgs.8 & 9 APPROVED with conditions 3/10 Pg. 9 APPROVED as conditioned 3/10 Pgs.7 & 8 APPROVED as conditioned 3/10 Pg. 10 APPROVED as conditioned. L._.._ _.1 PAGE FOUR 25. Woodmont Tract 62 - Sign Waiver - Tem Reso. #2210 - Dis- cussion and possible action to waive the provisions of the sign ordinance for two permanent ground signs, one on the north side and one on the south side of the entrance, on Banyan Way. 26. NW 61 Street - Southwest Corner - Discussion and possible action on: a) Acceptance of an ingress/egress easement from Intertres, N.V., a Netherlands Antilles Corporation - Temp. Reso. # 2 2 0 4 . b) Approval of an agreement regarding certain recorded covenants - Temp. Reso. #2205. c) Supporting a request by Carl Turner, Trustee, for a var- iance for reducing setbacks - Temp. Reso. #2188. 27. Gulfstream Bank (formerly Summit Bank) - Tem Reso. #2203 - Discussion and possible action to accept a quit claim deed for a 40-foot strip of land on NW 61 Street. 28. Westview at Colony West Countr Club/Parcel L - Easement Release - Temp. Reso. #2202 - Discussion and possible action on a request to release an easement on this property. 29. Banyan p- . #2194 - Discussion and possible y Lakes - Temp. Reso action to approve an agreement with Crestmark Corp. pertain- ing to water and sewer service. 30. Professional Forms and Systems - Discussion and possible action on: a) Site Plan - Temp. Reso. #2185_ b) Landscape Plan c) Acceptance of Utility Easement - Temp. Reso. 42186 (tabled from 2/10/82) 31. Tamarac Town Square - Revised Site Plan - Temp. Reso. #2195 Discussion and possible action on a revised site plan per- taining to building modifications and parking and vehicular circulation. 32. Woodmont Tracts 74 and 75 - Revised Site Plan - Temp.Reso. #2196 - Discussion and possible action on a revised site plan pertaining to building modification. 33. Lindsley Lumber Company - Discussion and possible action on: a) Revised Site Plan for general revisions to the site - Temp Reso. #2161 b) Request for exception to platting requirements - Temp. Reso. #2162 34. Onec_io Perera Shopping Center - Performance Bond - Discussion and possible action on: a) Rescission of Resolution 82-55, calling a performance bond which was posted for public improvements, by Tema._ Reso. #2197. b) Release of performance bond by Temp. Reso. #2198. 35. Tamarac Gardens - Discussion and possible action on: a) Release of performance bond posted for water distribution system, by Tem . Reso. #2199, upon receipt of a one-year warranty bond. b) Release of performance bond posted for sewage collection system, by Temp. Reso. #2200, upon receipt of a one-year warranty bond. c) Approval of amendment to the Water and Sewer Developers Agreement. 3/10 Pg. 10 APPROVED Pgs 2 & 3 3/10 No action taken.Council concurred w/ A.Ruf's pro- osal . 3/10 Pg. 3 ACCEPTED quit claim deed for 40'strip land on NW 61 St. 3710 Pg. 22 APPROVED 3/10 Pg. 1 TABLED to 3/24 3/10 Pgs.22,23 a)APPROVED w/ conditions,b) APPROVED w/ conditions,c) APPROVED. 3/10 Pg. 1 TABLED to 3/24 3/10 Pgs.4,5,& 6 TABLED until petitioner read with site plan 3/10 Pg. 23 TABLED in- definitely 13/10 Pgs.23,24 a)APPROVED, b) APPROVED. 3/10 Pg. 21 a) , b) , c) APPROVED PAGE FIVE 36. Woodmont Plaza - Bond Release - Temp. Reso. #2201 - Dis- 3/10 Pg. 24 cussion and possible action on release of a performance bond APPROVED upon posted for public improvements upon receipt of a one-year receipt lyr bo, warranty bond. for $3, 305.63 37. Fairways_ III - Model Sales Facility - Discussion and possible 3/10 /10Pg. 21 action to permit a model sales facility for this project and waiver of the 300-foot distance requirement for 3/10 Pgs.25-26 Certificates of Occupancy. a)C/W Massaro authorized, to 38. NW 64 Avenue - Discussion and possible action on: contact authorized t o a) Approval to authorize Mid -South Engineering to undertake contact Pres.o; a traffic study in order to remove this roadway from the C/Atty authori_ Broward County Trafficways' Plan. contact County b) Construction of the approximately 300-feet south of Commercial Boulevard. 3/10 Pg. 26 39. Draina e Improvements in the Cit - Discussion and possible Mayor met w/ action. Sunflower peopl REPORTS 40. City Council 3/10 Pg.26-27 41. City Manager 3/10 Pg. 27 42. City Attorney 3/10 Pg. 27 ELECTION RESULTS will be announced during the Council meeting of— March loth if the certifications are received in time from the County. However, a Special Meeting has been scheduled for 10:00 A.M., Tuesday, March 16, 1982, in the Council Chambers of the City Hall to certify the results of the March 9 election. Council may consider such other business as may come before it. Pursuant to Chapter 80-105 of Florida Law, Senate Bill No. 368; 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 will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the pro- ceedings is made, which record includes the testimony and evi- dence upon which the appeal is to be based. For informational purposes, following zoning districts in the City: CITY OF TAMARAC CAROL A. EVANS ASSISTANT CITY CLERK are the residential and commercial R-1 -Single Family Residence R-1B & R-IC -One-Family Dwelling R-2 -Two-Family Dwelling RD-7 -Two-Family Dwelling R-3U -Row House R-3 -Low Density Multiple Dwelling RM-10 -Planned Apartment R-4A -Planned Apartment R-5 -Motel/Hotel B-1 -Neighborhood Business B-2 -Planned Camunity Business B-3 -General Business B--5 -Limited Business District 13--6 -Business District S-1 -Open Space/Recreational I-1 -Institutional M-1 --Light Industrial M`2 -Medium Industrial A-1 -Limited Agricultural A-5 -Agricultural/Excavation T-1 -Trailer Park District (Gti ER) M PAGE SIX 43. University Community Hospital - Supporting request for additional Temp. Reso. #2217 - Discussion and possible action. 44. Proclamation for Tamarac Presidents Council �3/10,Pg.1,Agen. by Cons.,Pgs. 15-16 APPVD. .3/10,Pg. 1, Agen. by Cons., K. 7,APPVD. �. J � r � CITY OF TAMARAC, FLORIDA REGULAR CITY COUNCIL MEETING MARCH 10, 1982 CALL TO ORDER: Mayor Walter Falck called the Meeting to order on Wednesday, March 10, 1982 at 10:00 A.M., in the Council Chambers. ROLL CALL: PRESENT: Mayor Walter W. Falck Vice Mayor Irving M. Disraelly Councilwoman Helen Massaro Councilman Irving Zemel Councilman Philip B. Kravitz ALSO PRESENT: City Manager, Laura Z. Stuurmans City Attorney, Arthur M. Birken Assistant City Clerk, Carol A. Evans Secretary, Patricia Marcurio Tape MEDITATION & PLEDGE OF ALLEGIANCE: Mayor Falck called for a Moment of 1 Silent Meditation followed by the. Pledge of Allegiance. Mayor Falck reviewed the schedule of items on the agenda, and greeted all members of Council and everyone present. 43. University Community Hospital - Supporting Reuest for Additional Beds - Tem�,Reso. #2217 - Discussion and possible action to support a request of Hospital Corp. of America for additional beds. SYNOPSIS OF ACTION: Agendized by consent. See ages 15 & 16) V/M Disraelly MOVED to Agendize by Consent University Community Hospital, Temp. Reso. #2217, Discussion and possible action to support a request of Hospital Corp. of America for additional beds. SECONDED by C/M Zemel. VOTE: ALL VOTED AYE 44. Tamarac Presidents Council Proclamation SYNOPSIS OF ACTION: Agendized by consent. (See Page 7) C/W Massaro MOVED to Agendize by Consent the Tamarac Presidents Council Proclamation, SECONDED by V/M Disraelly. VOTE: ALL VOTED AYE 2.9. Banyan Lakes - Temp. Reso. #2194 - Discussion and possible action to approve an agreement with Crestmark Corp. pertaining to water and sewer service. SYNOPSIS OF ACTION: TABLED to meeting of March 24, 1982. C/W Massaro MOVED to TABLE this item to the meeting of March 24, 1982 requested by the petitioner, SECONDED by V/M Disraelly. VOTE: ALL VOTED AYE 31. Tamarac Town Square - Revised Site Plan - Temp. Reso. #2195 - Discussion and possible action on a revised site planpertaining to building modifications and parking and vehicular circulation. SYNOPSIS OF ACTION: TABLED to meeting of March 24, 1982. - 1 - 3/10/82 /pm V/M Disraelly MOVED to TABLE Item 31 to the meeting of March 24 at the request of the petitioner, SECONDED by C/W Massaro. VOTE: ALL VOTED AYE 15. Townhouses of Woodmont, Inc. - Rez2jjLnE Petition #24-Z-81 - Discussion and possible action to rezone lands on the south side of Southgate Blvd. approximately 500-feet east of NW 88 Ave., from B-3 to RM-10, by Temp. Ord. #954. First Reading. a) Acceptance of Affidavit of Publication, Affidavit of Posting, and Affidavit of Mailing. b) Consideration of Application. SYNOPSIS OF ACTION: Withdrawn from agenda at request of the petitioner. Attorney Birken read a letter from March 9 from Richard Potash to Carol Evans, Assistant City Clerk confirming their withdrawal from the Public Hearing scheduled for today's meeting. C/W Massaro MOVED that this item be withdrawn and that they must pay all advertising costs and the City Clerk was requested to have the proper person bill them, SECONDED by V/M Disraelly. VOTE: ALL VOTED AYE 1. Alcoholism Awareness - Presentation by Mayor Falck of a proclam- ation designating the week of March 22 - 29, 1982, as "Alcoholism Awareness Week in the City of Tamarac". SYNOPSIS OF ACTION: Proclamation presented. Mayor Falck read the Proclamation into the record and requested the City Clerk to mail to the proper people. 26. NW 61 Street - Southwest Corner - Discussion and possible action on: a) Acceptance of an ingress/egress easement from Intertres, N.V., a Netherlands Antilles Corporation - Temp. Reso. #2204. b) Approval of an agreement regarding certain recorded covenants - Temp. Reso. #2205. c) Supporting a request by Carl Turner, Trustee, for a variance for reducing setbacks - Temp. Reso. #2188. SYNOPSIS OF ACTION: No action was taken but Council indicated concurrence with Alan Ruf's proposal. Alan Ruf said the agenda item indicates possible action which would be on three Temporary Resolutions. The process of the negotiations with respect to the lining up of 61st St. have not been completed;and therefore, he said he would like the action taken by Council to be limited to a discussion and a concensus rather than action on the Resolutions. This has been done at the request of parties who are involved in the negotiations with respect to this matter. Mr. Ruf said Council is familiar with the attempt being made for several months by the City Staff, City Attorney's office and others in the community to get a traffic light at University Drive and 61st St. and the necessity to line up the west side of the street with the east side of the street. The City will be required to ask various property owners for easements and then ultimately conveyances of property in order to - 2 - 3/10/82 /pm � �J accomplish this. Particularly the Intertres, a Netherlands Antilles Corp. has been asked to donate a 40 foot strip of land on the south side of NW 61st St. and other adjacent land owners have been asked to contribute towards the construction costs. Mr. Ruf said in consideration for that the land owners have asked the City for consideration of two requests. First, a request for the removal of restrictive covenants which were granted by the Summit Bank to the City of Tamarac on May 5, 1978; these covenants were to restrict retail shopping centers and restaurants and gas stations on the Parcel that lies on the west side of University Drive and on the south side of 61st St. The request is that a new agreement be drawn removing the two restrictions with respect to the retail shopping center and the grocery store; however, the restriction with respect to gas stations would remain. Mr. Ruf said he would like some consensus from Council to see whether this is agreeable. Secondly, because of the donation of street frontage, they would like a recommendation or resolution from this Council to the Board of Adjustment allowing for 40 foot instead of 50 foot setbacks from the adjoining streets on that Parcel of land. Council agreed that there were no objections by them concerning this. 27. Gulfstream Bank (formerly Summit Bank) - Temp. Reso. #2203 - Discussion and possible action to accept a quit claim deed for a 40-foot strip of land on NW 61 St. SYNOPSIS OF ACTION: ACCEPTED RESOLUTION NO. R the deed by adopting Tem . Reso. #2203 PASSED. Attorney Birken read the Resolution by title and said that all this says is that they are doing a title search but the City has the docu- ment and he suggested Council accept it and not record it yet but to hold it until such time as there is need for it. C/K,,Massaro pointed out that this is for the raw water line that the City is attempting to put in there and has nothing to do with the street light. V/M Disraelly MOVED the ADOPTION of Temp. Reso. #2203 accepting a quit claim deed, SECONDED by C/W Massaro. VOTE: ALL VOTED AYE 2. Bi_ Award - Temp. Reso. #2177 - Discussion and possible action to award a bid for painting and structural repairs at the water treat- ment plant (tabled from 2/24/82). SYNOPSIS OF ACTION: TABLED to meet-,ing on March 16, 1982. Attorney Birken read the Resolution by title. The City Manager said that staff is recommending that the bid be awarded to Blast -Air Inc. who is the low bidder and is certified and licensed to perform this work, the amount of the award should be $50,200.00. V/M Disraelly said this is considerably cheaper than any other bid received for comparable work; he MOVED the ADOPTION of Temp. Reso. #2177 with the bid of Blast -Air Inc. in the amount of $50,200.00 as approved for the work to be done at the Utility, SECONDED by C/W Massaro. Ted Fowler of Walton -Cottrell Associates said the company he represents also has a bid in and Blast -Air, Inc. is not qualified with the proper license to do the water treatment plant. He said they hold a specialty 3 - 3/10/82 /pm license in sand blasting only and that is part of .the job but there is also painting and structural steel to be repaired and he holds no license for this. Mr. Fowler said he wants this on record because if the contract is awarded to him they are going to take legal action because they are licensed and it is on public record at the Licensing Bureau of Fort Lauderdale which also covers Tamarac. Mr. Fowler said their bid is for $81,000 which makes them the second from the lowest bidder. C/W Massaro said if Blast -Air, Inc. is not licensed to do this then it would appear to her they would have someone who is qualified do this and this should be checked out further. She said it would appear that he has the right to sub -let parts of this job to someone. Mr. Fowler' said only if he were a General Contractor could he sub -let to sub -contractors and he turned his bid in on the date which everyone else did and he would have to go through a great deal to compete and do work like this. Mr. Fowler repeated, Blast -Air was improperly licensed at the day of the bid, they are still improperly licensed and they will have to take it to a higher court. The City Attorney asked the City Manager if they had looked into this matter and she said the comment was raised by Walton -Cottrell prior to the last agenda and this is why staff had this item removed or tabled to this meeting. She was informed by the Engineering Dept. that the recommendation that they were making for Blast-Air,Inc. had been checked and that Blast -Air, Inc. was now properly licensed to do this work. Mr. Fowler said it was illegal for them to even bid for this work. C/W Massaro said she would like the City Attorney to check into this and this should be tabled to Tuesday's Special Meeting. C/W Massaro MOVED that this item be TABLED to the Special Meeting on March 16, 1982 with the City Attorney authorized to check into the legalities involved in this, SECONDED by V/M Disraelly. VOTE: ALL VOTED AYE 3. Bid Award - Tem . Reso. #2189 - Discussion and possible action to award a bid for the excavation and stockpiling of lime sludge. SYNOPSIS OF ACTION: APPROVED Awarded RESOLUTION NO. RK -- PASSED to CPS Construction,Inc.per bid submitted. Attorney-­'Birken read the Resolution by title. The City Manager said the City only received one response to the call for bids and that was from CPS Construction, Inc. They have performed this type of work for the City before and the amount quoted is $800.00 per foot for a total of $4,500 based upon the bid specs. C/W Massaro MOVED that Temp. Reso.__#2189 awarding the bid to CPS Con- struction, Inc. as per the bid submitted be APPROVED, SECONDED by V/M Disraelly. V/M Disraelly asked the City Manager if the bid was for $800 per foot or $4,500 and the City Manager said "both".There is that variabl( and they may find that they have to go lower, $8uu per foot below 8 feet. VOTE: ALL VOTED AYE 32. Woodmont Tract 74 and 75 - Revised Site Plan - Tem .Reso. #2196 - Discussion and possible action on a revised site plan pertaining to building modification. SYNOPSIS OF ACTION: TABLED until petitioner is ready. Attorney Birken read the Resolution by title. Joe D'Amore representing Rainey Rissman said that the purpose for coming before Council is that they have gotten inquiries at the project for a three bedroom or a two bedroom with a den type unit. Right now the project is based on one and two bedrooms. They are proposing to indicate on the master plan those areas of those particular buildings that would allow them to add a third bedroom. - 4 - 3/10/82 /pm Mr. D'Amore said what this would really do is replace several of their existing two bedroom units at the end of some of the buildings. It has been indicated on the master plan in dotted lines because at this point they are not really proposing that they are going to build those. They would just like to have the option if the market presents itself. Mr. D'Amore said this has been indicated only where it would not affect zoning or building setbacks and they have indicated that they would like the option to be able to revise the building to afford them that third bedroom. C/W Massaro said this seems like a good plan but she is not happy with the notation that this plan is for conceptual purposes only. She said she realizes that what they are talking about is conceptual but even without the legalities involved she would not be in favor of accepting something like that. Attorney Birken said he agrees that those words are appropriate. Mr. D'Amore said when they submitted the first plans, Julian Bryan, who does not carry the capacity to seal a drawing, took the plans to the Engineer of Record, Keith and Schnars. They were requested to review the revisions only,not the initial plan,to check that this would be in compliance with setbacks and zoning. The wording originated with Keith and Schnars. They were concerned that what was being proposed was a conceptual thing and that each building would have to come in for a specific building permit. At that point, this would no longer be conceptual. C/W Massaro said she understands what Mr. D'Amore is trying to do but she said she cannot feel comfortable approving a revised site plan where the engineer is not responsible for the work that is on there and by putting that statement on there he is relieving himself of responsibility and he should not do that. She said she has no objection to them having a third bedroom but if and when they have a unit and want to add to it that they should come in at that time for a revised site plan. V/M Disraelly asked if this was still going to be an adult community and Mr. D'Amore said it was. V/M Disraelly said he agrees with C/W Massaro and Mr. D'Amore should come before Council and handle each building individually when the time comes. Mr. D'Amore said he was told by the Planning Department that this type of change requires a master change, planning and zoning, etc. because it also affects parking and traffic circulation. Attorney Birken said the developer has to make a decision, either he wants to take out the dotted lines and ask for approval of the revised site plan with real parking spaces and not contingency parking spaces and the buildings properly shown or some of the buildings properly shown or he may want to ask Council to Table and to decide exactly what he is asking for in terms of how many buildings he wants three bedroom as opposed to two bedroom and come back before Council at a later time. Mayor Falck said it seems to him that the tabling action is most desirable with the understanding that the proposal can be amended and broucLht back at the proper time. C/W Massaro said there is another aspect to be considered . If Mr. D'AMore does come in with an amended site plan to show definitely these changes and the angle of the building so that it would conform with the proper setbacks, etc. that if he changes his mind and does not put three bedroom on those buildings, he must come back in to Council for a revised site plan again. Mr. D'Amore said this is what they were trying to avoid. Mayor Falck said in order to finalize this there should be a motion to table until they are ready to amend their proposal. - 5 - 3/10/82 /pm Richard Rubin said there was a second item discussed at the meeting. that hopefully might be approved at this meeting, and that is related to the safety gates that are in front of the development to protect the public from using the private streets. The Fire Department is very concerned that those gates could cause damage to emergency vehicle: and a solution was reached this morning. The solution that was suggested by Mr. D'Amore and accepted by the Fire Chief was that Mr. D'Amore would put in two alternate emergency vehicle exits; one just to the east of the existing entrance and another approximately two to three hundred feet further east that would go into the driveway system that would have the crushed rock, a stabilized base and at the main gate there would be a sign that would say "Emergency Vehicles Entrance East". Richard Rubin said one gate would be between Building 15 and 18 and this is a future phase and another one must be put in approximately 40 feet east of their new major entrance, just north of Bldg. 19. C/W Massaro said the idea is good but she would like to see this all come in at one time on a new revised site plan. C/W Massaro MOVED to Tape TABLE this item to an indefinite date, SECONDED by V/M Disraelly. 2 VOTE: ALL VOTED AYE 4. Consent A enda a) Minutes of 1/13/82 - Regular Meeting - Approval recommended by City Clerk. b) Minutes of 1/19/82 - Reconvened Regular Meeting - Approval recommended by City Clerk. c) Minutes of 1/27/82 - Regular Meeting - Approval recommended by City Clerk. d) Minutes of 1/28/82 - Reconvened Regular Meeting - Approval recommended by City Clerk. e) Alan F. Ruf - Consulting City Attorney - 3/5/82 -- $1,125.00 and $175.00 - Total $1,300.00 - Approval recommended by City Attorney. f) Richard S. Rubin - Consulting City Planner - February, 1982 - $2,111.99 - Approval recommended by City Manager. g) Williams, Hatfield & Stoner, Inc. - Consulting City Engineer 2/22/82 - $181.13 - Approval recommended by City Engineer. h) Williams, Hatfield & Stoner, Inc. - Consulting City Engineer 2/24/82 - $978.83 - Approval recommended by City Engineer. i) Peters, Pickle, Flynn, Niemoeller, Stieglitz & Downs -- Special Legal Counsel for Garchar vs. Tamarac - 2/17/82 - $5,940.22 - Approval recommended by City Attorney. j) Del Ricco Brothers Construction, Inc. - 1982 Storm Drainage Improvements - Westwood Community 3 - 2/28/82 - $41,241.60 Approval recommended by City Engineer. k) H.L.R.,Inc. - Rezoning Petitions #47-Z-80 and #48-Z-80 - Approval to extend tabling action to March 24, 1982, as requested by the petitioner. 1) Shell Oil Company - Land. Use Amendment - Petition #1-RU--81 - Approval :to extend the tabling action to March 24, 1982, as requested by the petitioner. m) Off -Street Parking Regulations -- Temp. Ord. #820-A -- Approval to remove from the agenda. SYNOPSIS OF ACTION: APPROVED Items a) through m) V/M Disraelly MOVED to APPROVE the Items a) through m), SECONDED by C/W Massaro. VOTE: ALL VOTED AYE - 6 - 3/10/82 /pm 5. Bid Award - Police Department - Temp. Reso. #2190 - Discussion and possible action to award a bid for polygraph equipment. SYNOPSIS OF ACTION: Bid awarded RESOLUTION'NO. R- PASSED. to Richard 0. Arther Co. in the amount of $3,133.00 Attorney Birken read the Resolution by title. The City Manager said they have received a recommendation from the Chief of Police that the bid award be given to Richard 0. Arther at the amount of $3,133.00; this bid was the lowest bid conforming with the specifications. C/W Massaro MOVED the ADOPTION of Temp. Reso. #2190 for the purchase of the polygraph equipment, SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE 6. #2191 - Discussionandpossible action Florida Interagency Narcotics Information Network - Temp. Reso. a t approve an agreement with the Florida Department of Law Enforcement. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-,?,� -52 ASSED. Temp. Reso. # 2191. Attorney Birken read the Resolution by title and said there is a memo on this and it is very simple. This Resolution is for the Police Department to get information from the State . This is legal and there may some day be some problem about invasion of privacy but the Police Chief and the City Attorney recommend adoption. C/W Massaro MOVED ADOPTION of Tea . Reso. #2191, SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE 44. Tamarac Presidents -Council Proclamation - A endized by Consent SYNOPSIS OF ACTION: Agendized by Consent: APPROVED (See Page 1) Mayor Falck read a Proclamation into the record designating Thursday, March 11, 1982 as Presidents Council Day in Tamarac. V/M Disraelly MOVED the APPROVAL of the Proclamation and the presentation of this to the members of the Presidents Council, SECONDED by C/W Massaro. VOTE: ALL VOTED AYE 23. Lakes of Carria e Hills - Sign Waiver - Tem . Reso. #2208 - Discussion and possible action to waive the provisions of the sign ordinance for a temporary directional sign at the northeast corner of Commercial Blvd. and Rock Island Rd. SYNOPSIS OF ACTION: APPROVED with conditions. RESOLUTION NO. R- - PASSED. Attorney Birken read the Resolution by title. Ray Baade, Chairman of the Beautification Committee said this has come in as a waiver request because the Ordinance allows the community directional signs only for those developments which are not on major traffic ways as identified on the Broward County Land Use Plan. Both Commercial Blvd. and Rock Island Rd. are on the Broward County Land Use Plan as major traffic - ways as well as is Bailey Road. The Beautification Committee was unable to grant approval for this sign and it requires Council approval. 7 - 3/10/82 /pm Mr. Baade said he would like to recommend a reduction in the size of the overall sign from that which was requested by the applicant. V/M Disraelly said the recommendation is 7 feet up to the arrow and 2 feet beyond that. The recommendation of the Committee is that the total length of the sign including the arrow be 6 feet. The height of the sign at the small end would be 3 feet and the other end would be 7 feet. Mr. Baade said the copy to go on the sign would be in the logo style of lettering for Lakes of Carriage Hills,which is a fine line, script -type lettering. C/W Massaro asked Mr. Baade how far off the right-of-way this is. V/M Disraelly said this would be placed on Sabal Palm Golf Course. There is permission from Mr. Stackhouse for the placement of the sign. The sign will be on:Commercial Blvd. just east of the Golf Course Pro Shop crossing. V/M Disraelly MOVED the ADOPTION of Tem Reso. #2208 Section 2 condition 6 foot maximum length including the arrow, the other des- criptions to remain as is, being a temporary sign, not to exceed. -one year from today's date, SECONDED by C/W Massaro. VOTE: ALL VOTED AYE 21. Woodlands Homeowners Association - Sign Waiver - Temp. Reso. #2206 - Discussion and possible action to waive the provisions of the sign ordinance for a permanent ground sign in the median of Sago Palm Blvd. SYNOPSIS OF ACTION: APPROVED with conditions RESOLUTION NO. R�_ 6 ;- PASSED. Attorney Birken read the Resolution by title. V/M Disraelly said this sign request is for a sign similar to the one that has been put up at Holly Drive on Rock Island Rd. south of where the proposed sign before Council is requested. V/M Disraelly called Lee Billingsley yesterday of the Broward County Traffic Engineering and he said he has no problem with this until such time as Rock Island Rd. might be widened in the future at which time he would require the sign to come down. V/M Disraelly said the Beautification Committee could not handle this sign because it is a sign to be erected in the median of a public right-of-way over which the City Council has control. The Resolution indicates the same conditions for this sign as has been given for the one on Holly Dr. which 'are: a) Execution of a Hold Harmless Agreement approved by the City Attorney, a copy of which is attached hereto as Exhibit "A". b) If the City finds it necessary to remove the sign, the Woodlands Homeowners Association would be responsible to remove the sign at its own expense. If the Association does not comply, the City reserves the right to demolish the sign. c) This waiver to erect the sign is revocable at any time.Council deems necessary. V/M Disraelly said there is a representative of Woodlands present and if he agrees to the conditions of the Resolution there should be no problem and the Vice Mayor would MOVE the ADOPTION of Temp_. Reso. #2206. Mr. Blank said he agrees to all the provisions as set forth in the Resolution. SECONDED by C/M Kravitz. Melanie Reynolds said she felt it was irregular the wav the Beautificatic Committee handled this. It has been the routine for many years that, if a waiver were requested, the petitioner would have to come back to the Beautification Committee in two weeks. 8 _ 3/10/82 /pm Melanie Reynolds said that V/M Disraelly said Mr. Blank could go to the Building Dept. and come back during the same meeting and the Beautification Committee would handle this. She said not only has Mr. Blank been given consideration but so was Coldwell Bankers and Montwood. She said that the Beautification Committee had said if Mr. Blank came back they would reagendize this but they did not. She said her objections were that this is discrimination. Mr. Baade said at the last meeting of Beautification there was a very heavy agenda and he felt it was unfair to penalize these people to ask them to delay another two weeks before taking action. Mr. Baade said the Ordinance does not specifically state that it has to be agendized at a future meeting; it merely states that it will be agendized and considered by the Beautification Committee. V/M Disraelly said they took out the copy of the existing Ordinance and read it and there is no mention of time involved. The only mention of time is in Section 11 of the Code where it says, "Within 30 days of the receipt of the petition and the payment of the fee, the Beautifica- tion Committee shall consider the petition as an agenda item". There- fore, they handled this as an added item to the agenda. C/W Massaro said that she agrees that everyone should be treated the same way but there are sometimes extenuating circumstances why something can or cannot,'be handled. She said this is not setting a precedent they have done this before. V/M Disraelly said that in the rewriting of this Ordinance this will be considered. VOTE: ALL VOTED AYE 22. Versailles Gardens - Sian Waiver -- Temp. Reso. #2207 - Discussion and possible action to waive the provisions ofthe sign ordinance for a temporary directional sign at the northwest corner of NW 80 Ave. and McNab Rd. SYNOPSIS OF ACTION: APPROVED with conditions. RESOLUTION NO. R - ellft O a- - 6,3 PASSED. Attorney Birken read the Resolution by title. Mr. Baade said this is an application for another directional sign which is allowed by the Ordinance again, for developments that are not on major trafficways. Since this development is on Lagos de Campo Blvd., which is not a major trafficway identified on the Broward County Land Use Plan, it is perfectly in line with the Ordinance. However, the Ordinance permits a sign of only 12 square feet; the application asks for a sign of 32 square feet. This is the reason for the request. The Beautification Committee approved the recommendation that Council approve this waiver by a vote of 4-1. The one objection is that the sign is oversized because it is located on a corner with an existing 4-way stop with heavy traffic on McNab Rd. Mr. Baade said he would like to recommend that the Council approve this waiver request for a reduced size, no more than 24 square feet. The elevation would be at least 3 feet clearance at the bottom for visibility. V/M Disraelly said that based on Mr. Baade's presentation and the fact that they do have a letter from the owner of the property at that location, on the NW corner of Lagos de Campo and McNab, he MOVED the APPROVAL of the double-faced temporary sign for a period not to exceed one year. The size of the sign to be no larger than 24 square feet with 3 feet of clearance beneath the sign for visibility and set- back a minimum of 10 feet from the right-of-way in any direction. SECONDED by C/W Massaro. VOTE: C/M Kravitz Aye C/M Zemel Absent C/W Massaro Aye V/M Disraelly Aye Mayor Falck Aye - 9 - 3/10/82 /pm 24. Coldwell Banker - Sim Waiver - Tem Reso. #2209 - Discussion and possible action to waive the provisions of the sign ordinance for a temporary ground sign at the Colony Springs Building, 8222 W. McNab Road. SYNOPSIS OF ACTION: APPROVED with conditions. RESOLUTION NO. R- 6- j PASSED. Attorney Birken read the Resolution by title. Bill Simmons of Sign Solutions in Pompano, representative of Coldwell Banker,said he would appreciate Mr. Baade's stating his case. Mr. Baade said this application is for a"For Lease" sign to be placed in the parking lot of the Colony Center Medical Professional Bldg. east of Colony Center on the north side of McNab Rd. Mr. Baade said the Ordinance provides for "For Lease" signs to be displayed on stores, offices and professional buildings affixed to or against the outside of the building, but it does not provide for them located elsewhere. This will be corrected in the revised draft of the Ordinance, therefore the Committee finds nothing wrong in the applicant's location of the sign, the size of the sign or any other details. V/M Disraelly said there will be another application coming in from Mr. Simmons for a sign to be placed on the wall and this should be approved provided that it is below the regular roof structure. V/M Disraelly MOVED the ADOPTION of Tem . Reso. #2209, a temporary sign not to exceed one year for a waiver to permit a leasing sign on the ground the size of which falls within the parameters of the Code. This would be in addition to any legal sign that would be placed on the building. SECONDED by C/M Kravitz. VOTE: C/M Kravitz Aye C/M Zemel Absent C/W Massaro Aye V/M Disraelly Aye Mayor Falck Aye 25. Woodmont Tract 62 - Sign Waiver - Temp. Reso. #2210 - Discussion and possible action to waive the provisions of the sign ordinance for two permanent ground signs, one on the north side and one on the south side of the entrance, on Banyan Way. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R- ^& 6 PASSED. Attorney Birken read the Resolution by title and V/M Disraelly said this sign was denied by Beautification because on the sketch showing the islands, the sign itself is on a wall that is 14 feet long. This is in excess of that which is normally permitted. However, on the Beautifi- cation site plan that was submitted, there are 3 Dortions of that wall sign all of which are approximately that 14 foot length. Since this is in keeping with the wall and the beautification that will be sur- rounding that he MOVED the ADOPTION of Temp. Reso. #2210 permitting permanent north and south signs at that entrance, SECONDED by C/W Massaro. VOTE: C/M Kravitz Aye C/M Zeme1 Absent C/W Massaro Aye V/M Disraelly Aye Mayor Falck Aye - 10 - 3/10/82 /pm 7. Acceptance of Donations - Temp. Reso. #2192 - Discussion and possible action to accept four weapons donated to the Police Department. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R Q PASSED. Attorney Birken read the Resolution by title adding the words in the title, "To the City of Tamarac for use by its Police Department and providing an effective date". V/M Disraelly MOVED to ADOPT Temp. Reso. #2192, SECONDED by C/W Massaro. ^ VOTE: C/M Kravitz Aye C/M Zemel Absent C/W Massaro Aye V/M Disraelly Aye Mayor Falck Aye 8. Frenz Enterprises, Inc. - Bond Release - Tem . Reso. #2193 - Discussion and possible action to release a performance bond posted for removal and disposal of sludge from Plants 1 and 4 at Tamarac Utilities West. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R- I PASSED. Attorney Birken read the Resolution by title. The City Manager said that Council has received a report from the City Engineer and his recommendation is that the work has been done satisfactorily and the performance bond should be released. C/W Massaro so MOVED, SECONDED by V/M Disraelly. VOTE: C/M Kravitz Aye C/M Zemel Absent C/W Massaro Aye V/M Disraelly Aye Mayor Falck Aye 9. Festival of Lights - Discussion and possible action on: a) Acceptance of report by the Holiday Committee (tabled from 1/27/82) b) Consideration of surplus funds. SYNOPSIS OF ACTION: a) APPROVED, b) surplus funds to be used for sound system and,if extra, for a tree to be planted; all for use for this Committee. a) C/W Massaro said the statement has been submitted some time ago and there appears to be a balance of $1,394.35. $2,819.85 had been taken in and $1,425.50 was expended and there are no other bills coming forth so this is the amount of money that remains with the City. C/W Massaro MOVED the ACCEPTANCE of the Report as submitted. V/M Disraelly SECONDED. C/M Kravitz said in checking the report he found some disturbing things. He sent a memo to Council about a week ago containing the reasons he was disturbed by this report. In that report, he said, he feels that the City of Tamarac has done a marvelous job, is doing a marvelous job and he would like to see at all times that there is one standard for all Committees. 11 - 3/10/82 /pm C/M Kravitz said in view of this, he does not believe that any Committee should have funds received that are not accepted by Council. He said no Committee should be given the privilege of spending money or giving out expenses. He said it is contrary to the law to sell merchandise, the City must go out on bid no matter how small the amount. He said he wanted to commend C/W Massaro for the outstanding job and this is not a personality issue. He said he is only concerned with the future that there be a standard for all Committees. He said it is not against any person on Council. Mayor Falck asked if C/M Kravitz were objecting to acceptance of the report and C/M Kravitz said he was. He said only because in the report there are the items he brought up. He said he does not think this is the way it should have been done. He said there are many things in the report that are wrong and he is objecting both as liaison to Finance and also as personally being a CPA. He said he is proposing an Ordinance prepared for Council in the form of a Resolution that Council consider that they establish guidelines for the future that all Committees have a guideline that no matter what has to be done, every Committee has to abide by it and he is not finding fault with C/W Massaro. But, he said, in years to come there may not be Mrs. Massaro on Council and he would like it in the record that these are guidelines for no matter who may be on Council. This is why he is finding fault with the report. Mayor Falck said that basically it should be clarified that right now the only thing being considered is acceptance of the report. C/M Kravitz is proposing action on a Resolution. V/M Disraelly said he found this on his desk this morning and C/W Massaro said she did too. Mayor Falck concurred and said they should deal with Item 9 on the Agenda and that is acceptance of the report by the Holiday Committee. Arthur Birken said the Resolution is intended to be part of this but it is not on the printed agenda. Mayor Falck said if C/M Kravitz would like to add the item he has no objection to do that but he would like to move on the Motion and Second for acceptance of the report. C/M Kravitz said unless he was wrong before he tried to have this agendized and upon advice of the City Attorney he was told this is part of the Agenda and he therefore dropped his request. However, he said, he would be happy to go along with Mayor Falck's suggestion and agendize it for another meeting. V/M Disraelly said he is happy with the last few words C/M Kravitz said because having received this just this morning he would have to study this and there should be no problem with it on a future agenda. C/M Kravitz said he has no objection to this. VOTE: C/M Kravitz Nay C/M Zemel Absent C/W Massaro Aye V/M Disraelly Aye Mayor Falck Aye b) Consideration of Surplus Funds - $1,394.35 - C/W Massaro said that she would like to suggest that these funds be used to purchase a sound system which is needed badly and there is sufficient money to purchase one that will be of a better quality when there are outside functions. She said they paid $175.00 for a sound system even for this particular festivity and it left much to be desired. This was the cheapest that could be purchased. She said if there were any money left over she would like to see it used for a permanent tree planted and decorated at Christmas time. She said she will never again run a function for the Festival of Lights but she would like to see the money used for those purposes. - 12 - 3/10/82 /pm V/M Disraelly MOVED that the City Manager be authorized to go to bid for an appropriate portable sound system. Attorney Birken said they do not have to go to bid for this. V/M Disraelly said he would like to rephrase this, that the Purchasing Agent be authorized to prepare specs for a portable sound system that would be much superior to the one that is currently being used which would be adequate for any outdoor functions. SECONDED by C/W Massaro. C/M Kravitz asked for a point of information from Mr. Birken,whether it is legally proper for monies received for a specific purpose of Festival of Lights to be used for another purpose which is not the Festival of Lights, no matter how good that purpose might be. Attorney Birken said if a sound system is purchased and if, in fact, that system is designated for use for all future Festival of Lights Tape activities for as long as it is good there should be no problem. 3 V/M Disraelly said he would AMEND his MOTION to be used for the Festival of Lights and when not needed for that could be used for other events for the City. C/W Massaro said she would include that in her SECOND. C/M Kravitz said he is still confused with the legality and though they are saying this is to be used for the Festival of Lights, there may never be another Festival of Lights, or there may be. But the question being raised now is a legal question. This was not used for the last Festival of Lights, they may never have another Festival of Lights, is it legal to use those funds which was Escrow money for that purpose and designate it for another purpose at this time. C/M Kravitz asked if he could get a written memo from the Legal Department stating that it is. Attorney Birken said he will give C/M Kravitz a memo stating that this is legal. C/M Zemel asked Attorney Birken, in the same vein, does that mean that money that is in the Recreation Fund can be used for other purposes if the Council so desires? Attorney Birken said "no, those monies are specifically incumbered for a specific purpose and were collected under an Ordinance which specifies exactly what they are to be used for". Attorney Birken said these are Inpact Fees and are limited by Case Law to certain times of uses and allocations. Attorney Birken said he is comfortable with Council designating that surplus money to be used for a sound system to be used for future Festival of Lights activities. VOTE: ALL VOTED AYE Mayor Falck said he would like the City Clerk to make a note to Agendize Resolution #2215 for the next Council meeting. 11. Health Insurance - Tem . Reso. #2216 - Authorizinq execution of a Grouj2 Agreement to offer and remit Healthcare of Broward, Inc. - Discussion and possible action. SYNOPSIS OF ACTION: APPROVED further discussion TABLED to 3/16/82 meeting. RESOLUTION NO. R- F;2 f.P / PASSED. Mayor Falck said he would like to hold the part for discussion relating to the Health Insurance existing health program until Tuesday 3/16/82 meeting. He said the reason for that is that he will be in Tallahassee on Friday discussing the Health Insurance Program as it relates to existing coverages and he will be in a better position to discuss this on Tuesday after that meeting. - 13 - 3/10/82 /Pm Attorney Birken said there are two aspects to this, One is the City has been approached by at least two Health Maintenance Organizations one of which is Healthcare of Broward, Inc. for that organization to have the opportunity to enlist City employees to become part of their program. The Federal Law requires that if there•is a qualified HMO that comes to the City,and this apparently is a qualified HMO, the City must choose at least one program and offer it to its employees While the City does have some flexibility concerning timing as to some of its employees, management feels that it would be desirable to make these services available for everyone at the same time, if they so desire. Mr. Birken said it is his understanding that it is proposed that the contracts, a simple one page contract attached to the Resolution, would become effective on April 15 and that the HMO come in and make a presentation to the employees prior to that time. He said he is sure that Council is aware of what the HMO offers and how it differs from the type of coverage provided under traditional health insurance plans. V/M Disraelly said that the City Attorney indicated that there are at least two HMO's available in the area. He asked if the City will be saying that the employees can join either one or only one? Attorney Birken said the City requested certain information from the other HMO which was not forthcoming and, if in fact that HMO provides all the required information to Council they can make a decision as to whether or not they want to offer the second HMO to its employees. Attorney Birken said Council would be able to offer more than one HMO. Council has the right to limit the number of HMOs of a specific type. The two that are in question are both of the same type. Laura Stuurmans said in order for the City to have a proper amount of time to acquaint the employees with the various factors between coverage through the HMO Program or through the Health Trust that the City currently has, they would like to recommend that Council approve this contract today so that the HMO could come out as early as next week and being speaking with the employees. C/M Zemel asked if the employee: at that time would have a choice to either stay with the plan the City has or move over to the HMO? Mayor Falck said this would be their decision to make. V/M Disraelly asked if this would be as a total group or individually. Mayor Falck said it would be individually. V/M Disraelly asked what the payment of the premium would be and the City Attorney said the City would pay the same for the HMO as they currently pay for the coverage they now get. The City Attorney said the HMO does charge more than the City's current contribution so the employee would have to pay a little more. C/M Zemel MOVED the ADOPTION of Temp. Reso. #2216 authorizing execution of the group agreement, SECONDED by C W Massaro. VOTE: ALL VOTED AYE V/M Disraelly MOVED that Item 11 further discussion be TABLED to the meeting of. March 16, 1982, SECONDED by C/M Zemel. VOTE: ALL VOTED AYE 16. Fort Lauderdale Executive Airport - Discussion and possible action to authorize Milledge and�Hermelee to continue to represent the City in litigation. SYNOPSIS OF ACTION: APPROVED at a cost not to exceed $7,000.00. - 14 - 3/10/82 /pm Attorney Birken said for the first time the City won a very significant victory concerning the Executive Airport when the state ruled that Fort Lauderdale Executive Airport does not have vested rights concerning its proposed runway extension. The City was represented largely in this manner by the firm of Milledge and Hermelee and the City of Fort Lauderdale has decided that it is in their economic best interests to take an appeal to the Court of Appeal. He said that the decision that was rendered by the state is of enormous consequences and it was a tremendously difficult decision to get in the City's favor because if the state ruled against the City, there would be no standing to take the matter further. Attorney Birken said the state was ready to rule in favor of Fort Lauderdale at the time that the City found out that the application was pending and even at that late point in time, they were able to convince the state through proper legal presentation that the position taken by the City of Fort Lauderdale was not a justifiable position. The City now has the proposal by the firm of Milledge and Hermelee to continue to participate in the decision making process of this time before the Court of Appeal at an hourly rate equal to those hourly rates set forth at a maximum fee of $7,000. Hopefully, the cost will be less than that. The $7,000 figure was the same figure that was quoted to the City of Fort Lauderdale for handling the appeal and the City Attorney firmly recommended that the City continue to endeavor to protect the victory that it had at this point in time and that authorization be given to Milledge and Hermelee to continue to participate. Attorney Birken said Council has budgeted $10,000 for this as a figure and the final figure was considerably less than that. V/M Disraelly asked if they win this would they pay the City of Tamarac's attorneys fees and Mr. Birken answered 'no. If the City wins this they will have to go through the DRI process and there will be for the first time a detailed review of the inpact of some of the development at that airport. This has never happened before which is essentially what the City has wanted all along. C/M Kravitz asked if there were any indication at this point if they authorize Milledge and Hermelee to continue what we can expect the fees to be? Attorney Birken said no more than $7,000. C/M Kravitz said there is $3,000 left over from the last time so that would mean an additional $4,000. C/W Massaro said the City has gone a long way with this and there is no backing away or everything that they hoped to accomplish would go down the drain. C/W Massaro MOVED to authorize Milledge and Hermelee to continue to represent the City's interests to participation before the First District Court of Appeal at a cost not to exceed $7,000.00. SECONDED by V/M Disraelly. VOTE: ALL VOTED AYE 43. University Community Hos ital - Supporting Request for Additional Beds - Temp. Reso. #2217 SYNOPSIS OF ACTION: Agendized by Consent RESOLUTION NO. R- EL- 7�ZuPASSED. APPROVED. (See Page 1) Attorney Birken read the Resolution by title and said he read this Resolution to Mr. Basile, who is the Assistant Administrator of the Hospital and he said it was fine with him. V/M Disraelly said he also spoke with Mr. Basile and asked him if there are any particular people to whom he wanted this sent and he said he would check with their attorney. V/M Disraelly MOVED the ADOPTION of Temp. Reso. #2217 and if Mr. Basile indicates that there are some people to whom he would like this sent on an individual basis that the City Clerk be authorized to send it to 15 - 3/10/82 /pm them otherwise a number of these should be sent to the Hospital for the purpose of them distributing them. SECONDED by C/W Massaro. Mayor Falck said that he feels it is a tragedy that there are 12 to 1.5 people being sent away each day because there are no beds available. This is an opportunity to lend support. VOTE: ALL VOTED AYE MEETING WAS RECESSED TO 1:30 P.M., FOR LUNCH. Meeting was called to order at 1:30. ROLL CALL: PRESENT: Mayor Walter W. Falck Vice Mayor Irving M. Disraelly Councilwoman Helen Massaro ABSENT AND EXCUSED: Councilman Irving Zemel Councilman Philip B. Kravitz 10. Proposed Park - Discussion and possible action to request the State to donate, for a proposed park, a parcel of land north of Prospect Road lying between Tamarac Lakes 1 and 2. SYNOPSIS OF ACTION: APPROVED concept as a park. Mayor Falck said this is the area that was designated as a borrow'.pit and filled on that parcel of land which lies between Lakes 1 and 2. The fill was to be used for the building of the 195 road when it was originally planned. The state did put 195 through but between the time they planned 195 originally and the time they completed 195 they arranged to get their fill elsewhere and the borrow pit was not used specifically for that purpose. Mayor Falck said this area. is a problem because there is a road of sorts used by people dumping trash and debris and this matter has been up for discussion on a number of occasions. Anything that is done in order to maintain that for the benefit of the people is done by the City's Public Works people. The wildlife preserve that runs off of 31st Ave. is constantly being reduced because of the adding of the lanes of traffic in there which has made the preserve almost meaningless. Mayor Falck said they are hopeful, on the basis of information they have received, that they might be able to negotiate an arrangement whereby the area between Lakes 1 and 2 would be obtained by the City of Tamarac and made into a bird sanctuary, a wild life preserve or whatever. Mayor Falck said there are also Grants that are available to help with that particular type of work and Richard Rubin has some possibilities to present. Mayor Falck acknowledged that there were people present from the Lakes sections and they are in sympathy with what the City is trying to do in this area. Richard Rubin said this is a 6-1/2 acre piece of land between Tamarac Lakes 1 on the east side, Lakes 2 is on the west side, Prospect Road is on the south and the City of Fort Lauderdale industrial area abuts the north property line. Presently, the land is low and there is a natural waterway flowing through a part of the rockpit that was already excavated and there is another small rockpit that is self-contained stagnant water which is very bad. Richard Rubin said the proposed design is very simple in nature and easy to resolve without a great expenditure. 16 - 3/10/82 /pm Richard Rubin said one concept is to widen the waterways so there would not be this self-contained lake, second, to create a natural area away from the public that birds could use as a sanctuary that would be safe. Third, to do some street landscaping along Prospect Road, two rows of trees and fourth, since there is still a land mass in the rear, this has great potential for a wild life preserve or a tree nursery. Mayor Falck said they are convinced that, -,based on the attitudes that the state has at the present time for protecting or improving the environment there are. Grant monies that are available that they would like to explore with Council's authorization. Attorney Birken said Council has received correspondence indicating that the state would be interested in selling this property for $130,000.00. He said he does not think this is the figure that they would be interested in spending for this land. The City, over the years, has made contact with the state concerning the possibility of lease for $1.00 per year or sale at a realistic price and those contacts have gotten no where. It appears that if the City wants to move forward and achieve results, some sort of a lobbying effort by professionals would be in the City's best interest. Attorney Birken said along those lines if the Council wishes, he would be in touch with a very prominent attorney in Broward County who would be able to make initial contacts up to the highest levels of state government. The attorney's name is Steve Josias and he is the City Attorney of Pembrook Pines and Mr. Birken said he would strongly recommend that if Council desires to move forward that Mr. Josias be engaged at the rate of $100 per hour to see whether this is a realistic prospect and if not to report back to Council at the earliest possible time to keep costs at a minimum. Mr. Birken said if there is interest he would put in additional time to bring this to an end. V/M Disraelly said there was an item in the newspaper this past week that said that legislation had been passed whereby state agencies can now donate land to other state agencies where previously it was to be given only to municipalities. C/W Massaro said she thinks it is certainly worthwhile pursuing but not in the way the City Attorney recommends at this moment. She said their efforts have not been concerted enough to take this approach at this time and various people in the State Legislature should be spoken with to see if the City can get some assistance that way first and'if these efforts are exhausted then they can think of this attorney. Mayor Falck said he would like to have Council approve the concept so that they can be authorized to proceed with whatever can be done. Mayor Falck said there are utility lines that relate to both these sections underneath this borrow pit. He said they would like to adopt the concept and determining what Grant possibilities there are. So far they have just gotten the agreement with the people who live over there that it does have merit. V/M Disraelly asked what Department specifically owns this. Mayor Falck said it is the State Department of Transportation. C/W Massaro MOVED that they do adopt the concept of the area suggested for whatever municipal purpose that might be decided but certainly for a park in general, whether it be a bird sanctuary or whatever. That Mayor Falck take the initiative to make contacts and they determine exactly what the City has there so if there are lines in there they should know. C/W Massaro said with these lines in there the City has a certain hold on it right now. She said Tony Nolan's files might have some of this information and in the MOTION that after Mayor Falck moves forward on this, it be discussed further. - 17 - 3/10/82 /pm Richard Rubin said the plans show that there would not be disruption of the land at the north end of the property. Marge Kelch asked if this plan would help in any way to the access problem that exists over there between one section and another. Mayor Falck said they suggested if the project does develop they would like to have some walk or bridge to allow people to get from one section to another. Richard Rubin said he is pleased that the residents and Council are in favor of this and in the next six months the City will be revising the Land Use Plan in several areas of the City. Presently this :land is shown for 5 units per acre and they should start considering that as endeavors are finalized perhaps this should be changed to an open space classification to protect this as open space. V/M Disraelly SECONDED the Motion. VOTE: PUBLIC HEARINGS ALL VOTED AYE 12. Off -Street Parkin Re uirements - Temp. Ord. #941 - Discussion and possible action to amend Chapter 18 of the Code pertaining to residential zoning districts. Second Reading. SYNOPSIS OF ACTION: APPROVED ORDINANCE NO. 0 -?2 - 1.5-- PASSED. Attorney Birken read the Ordinance by title. Mayor Falck opened the public hearing and closed it because of no response. V/M Disraelly said this has been rewritten as of last week with the changes that were requested by Council and he MOVED the ADOPTION of Temp. Ord. #941 on second and final reading. C/W Massaro said she would like to have this Item TABLED to the Special Meeting as she has not had time to study it. V/M Disraelly said for clarification this says that there must be a 20 foot length exterior ape paved parking space in front of any one or two bedroom unit and three 4 or four bedroom unit two paved parking spaces 20 foot in length. V/M Disraelly said on the others they are just indicating that they be paved parking spaces with the same percentage on the multiple family dwellings as had been existing in the past. Richard Rubin said just today he received a phone call from the builder who wants to build a house 15 foot back from the property line and according to the City Code the front yard setback is 15 feet. When the City Planner said that there must be places for paved parking the typical answer was that they have a garage and they can keep two cars in the garage. The City Planner said their concern is that if the garage should be ever converted to another use there would not be adequate outside parking for a car. The City Planner said there are 2 alternatives: - either perpendicular parking 20 foot from the right-of-way to the house or a circular drive. C/W Massaro said she has no objections and would SECOND the MOTION. VOTE: ALL VOTED AYE 18 - 3/10/82 /pm 13. Woodlands Section 8 - Vacation of Canal Right -of -Way - Temp. Ord. #955 - Discussion and possible action to vacate a portion of a canal right-of-way adjacent to Lot 5, Block 46. Second Reading. SYNOPSIS OF ACTION: APPROVED ORDINANCE NO. 0- -Ito PASSED. on second an anal reading. Attorney Birken read the Ordinance by title. Mayor Falck opened and closed the public hearing. Massaro SECONDED byaelly eV/M DTsoTe�.Ord` _#955 on second and final reading VOTE: ALL VOTED AYE 14. Woodlands Section 8 - Vacation of _Canal Right -of -Way - Temp. Ord. #969 - Discussion and possible action to vacate a portion of a canal right-of-way adjacent to Lot 4, Block 46. Second Reading. SYNOPSIS OF ACTION: APPROVED ORDINANCE NO. 0- —1 PASSED. on second and final reading. Attorney Birken read the Ordinance by title. Mayor Falck opened and closed the public hearing. C/W Massaro MOVED the ADOPTION of Temp. Ord_. 4969 on second and final reading, SECONDED by V/M Disraelly. Attorney Birken said that the City Clerk should notify the property owners that it is their decision but the City Council would strongly recommend that they have Broward County take official action also concerning the vacations.for title purposes. VOTE: Mayor Falck said for hearing, Townhouses the petitioner. ALL VOTED AYE the record that Item 15 was scheduled for .public of Woodmont, and that item has been withdrawn by 17. Platting Procedures and Re uirements - Temp. Ord. 4925 - Dis- cussion and possible action to amend Chapter 20 of the Code by revising platting requirements. First Reading. SYNOPSIS OF ACTION: ADOPTED on first reading. Attorney Birken read the Ordinance by title and said this Ordinance has been through a number of revisions and has been reviewed by the City Planner, City Engineer, City Attorney and the Planning Commission and has reached a point where there are a few items that there is some disagreement on. These were addressed in the City Attorney's memo of March 4 which reflects the City Attorney's recommendations and the City Engineer's recommendations. Attorney Birken said this Ordinance would dovetail with the Site Development Ordinance and clears up the existing language in the existing regulations and staff would recommend approval. Richard Rubin said the Planning Council was proper in submitting a copy of this to the County for their review since platting is very critical concerning the County based upon the Land Development Code 8116. They were in contact with this department this morning and are submitting a letter saying that generally this is a fine plat ordinance; however, they feel that there are approximately 9 places in this ordinance that need to be clarified by adding additional definitions or sentences. - 19 - 3/10/82 /pm These clarifications were suggested by the Broward County Planning Council staff. They said these items are insignificant and the Ord- inance as proposed now is not contrary to the County's Plat Ordinance. It would be helpful, however, before passing this for second and final reading, to make these clarifications and adding in definitions such as; define what a principle building is, etc.. The City Planner said he would like to have a memo sent to Council and the City Attorney listing the specific requests that they have made and they would be before Council for the final reading. V/M Disraelly said he would like to make one recommendation on Page 24, Line 27, under "assembly areas", "the minimum floor area". He said he would like to add the words "enclosed by walls under a roof proposed for a room in recreation buildings". He said there was a problem with a developer at one time as to what is the assembly area under a roof. Richard Rubin suggested that this would be clarified further by adding the words "air conditioned" to this because they could put in a Florida room non -air conditioned and say that would satisfy the Code. The City Planner said regarding Page 23, Section "D"; the Council is considering passing a new Ordinanceand the way the payments are now based upon zoning districts, it will require that every time a new zoning district is adopted this Ordinance will have to be changed. V/M Disraelly said that all other payments have been established by RPsn.l »t,i nn . tha City y Att. orn - said }�e does not reConunerld this. V/M Disraelly MOVED the ADOPTION of Temp. Ord. #925 revised 3/4/82 with the change that was made on Page 24, Line 27 on first reading. The change would include for the moment the "air conditioned floor area enclosed by walls under a roof proposed for a room". SECONDED by C/W Massaro. VOTE: ALL VOTED AYE 18. Temporary Sales Trailers - Temp. Ord. #938 -- Discussion and pos- sible action to amend Section 28-216b(2) of the Code by permitting a temporary sales trailer for a residential project prior to site plan approval. First reading. SYNOPSIS OF ACTION: TABLED to meeting of 3/24/82. Attorney Birken read the Ordinance by title. V/M Disraelly said he does not like this because the site plan has not yet been approved by the City Council and there is no way of knowing what will be built from the.time the final applications come in and what is proposed to have been sold on the site. There is no way to know if the home sites that were being offered by a developer are in violation of the City Code in so far as setbacks are concerned. Furthermore, there would be no way of knowing whether they were proposing two family homes, single family homes, multi or townhouses or whatever. V/M Disraelly said people could be committing themselves to the purchase of a home by a deposit which at some point in time is not built and they would have problems. He said it seems to him what is being proposed by the developer might even be in violation to the Land Use Plan. There would be no means of control of the project that was being offered to the public. He said he is against permitting sales to be made prior to Council knowing what is happening. C/W Massaro said she thinks the best thing to do would be to study the situation more and she MOVED to TABLE this to the meeting of March 24, 1982, SECONDED by V/M Disraelly. VOTE: ALL VOTED AYE - 20 - 3/10/82 /pm 37. Fairways III - Model Sales Facility - Discussion and possible action to permit a model sales facility for this project and waiver of the 300-foot distance requirement for Certificates of Occupancy. SYNOPSIS OF ACTION: APPROVED for 6 months from this date on payment of appropriate fees. Harvey Kaliff said they have a building that is substantially complete and they are asking to move the model facility into the building to create sales and do a proper job. He said 102 and 104 will be the furnished models and 101 will be the sales office. This is three stories and the intent is to sell this building. V/M Disraelly said in order to help the sale of this project he would have no objection to the waiving of the distance requirement and he MOVED the APPROVAL of the waiver for a period of 6 months from this date on the payment of the proper fees. SECONDED by C/W Massaro. VOTE: ALL VOTED AYE V/M Disraelly asked Mr. Kaliff when he will remove the sales trailer and he said as quickly as possible within the next few weeks. 35. Tamarac Gardens - Discussion and possible action on: a) Release of performance bond posted for water distribution system, by Tea . Reso. #2199, upon receipt of a one-year warranty bond. b) Release of performance bond posted for sewage collection system, by Temp. Reso. #2200, upon receipt of a one-year warranty bond. c) Approval of amendment to the Water and Sewer Developers Agreement. SYNOPSIS OF ACTION: a) and b) RESOLUTION NO. R ^ PASSED. APPROVED subject to conditions, RESOLUTION NO. R-)?,0-7q PASSED. c) APPROVED. a) Attorney Birken read the Resolution by title. V/M Disraelly said there are some fees,$1,982.85,to be paid. The applicant said he would have the check tomorrow and asked if this could be approved subject to payment of the fees. V/M Disraelly MOVED the APPROVAL of Temp. Reso. #2199 releasing a performance bond posted to guarantee water distribution system,,. Section 2 shall become effective 3/17/82 subject to the receipt of a one-year warranty bond in the amount of $25,253.24 and payment of additional fees of $1,982.85, SECONDED by C/W Massaro. VOTE: ALL VOTED AYE b) Attorney Birken read the Resolution by title. V/M Disraelly MOVED the ADOPTION of Temp. Reso. #2200 which calls for receipt of a one- year warranty bond in the amount of $27,941.85 and the payment of additional engineering fees in the amount of $1,344.41 to become effective March 17, 1982. SECONDED by C/W Massaro. VOTE: ALL VOTED AYE - 21 - 3/10/82 /Pm c) V/M Disraelly MOVED the APPROVAL of the Amendment to the Water and Sewer Developers Agreement. SECONDED by C/W Massaro. VOTE: ALL VOTED AYE 19. Business Uses - Temp. Ord. #963 - Discussion and possible action to amend Section 28-171 of the Code to permit the sale of bottled gas in B-1 and B-2 zoning districts. First reading. SYNOPSIS OF ACTION: APPROVED Attorney Birken read the Ordinance by title and said this Ordinance only has one change and that is bottled gas permitted in B-1 and B-2 districts. The Ordinance right now says "Outside Storage Only" and the Planning Commission recommends taking those words out and he feels it does not make much difference. C/W Massaro MOVED the ADOPTION of Temp. Ord. #963 on first reading. SECONDED by V/M Disraelly. VOTE: ALL VOTED AYE 28. Westview at Colon. West Countr Club/Parcel L - Easement Release - Temp. Reso., #2202 - Discussion and possible action on a request to release an easement on this property. SYNOPSIS OF ACTION: APPROVED Temp. Reso. #2202. RESOLUTION NO. R -- a - PASSED. Attorney Birken read the Resolution by title. C/W Massaro MOVED the ADOPTION of Temp. Reso. #2202, SECONDED by V/M Disraelly. VOTE: ALL VOTED AYE 30. Professional Forms and Systems - Discussion and possible action on: a) Site Plan - Temp. Reso. #2185 b) Landscape Plan c) Acceptance of Utility Easement - Temp. Reso. 02186 (tabled from 2/10/82) SYNOPSIS OF ACTION: a) and b) APPROVED with conditions, c) RESOLUTION NO. R-F.2-6 1 PASSED. APPROVED Tem . Reso. #2186. RESOLUTION NO. R_-J2.-_PASSED. a) V/M-.Disraelly read the Resolution by title. Richard Rubin said 1Pe this project was discussed at the last meeting and two items were resolved: one, Council was waiting for a memo from the City Engineer which was sent dated 3/7/82 and in this he has stated that Engineering Drawings and the Certified Construction Cost Estimates have been received. The Cost Estimate is acceptable in this office and the Engineering Drawings are acceptable as red -lined. Two, the Vice Mayor said he has some concerns regarding whether the amount or square footage of office and warehouse space would require an add- itional parking space in the front. He said he met with the arch- itect and has round that the project as resubmitted does comply with the Code; therefore, staff recommends approving the project subject to the requirements included in the Developer's Review Status Sheet. Richard Rubin said they have voluntarily agreed to place smoke detectors in the project. V/M Disraelly said it was also agreed that the dumpsters would be brought up to Code and the sidewalk at the south side of the building will be extended to the dumpsters. At the present time, the sidewalk there is about 2/3 across the building. The City Engineer felt a sidewalk would not be required there. Bob Foy, Assistant City Engineer said the street is not wide enough - 22 - 3/10/82 /pm b) c) for a sidewalk. V/M Disraelly said that a sign should be placed at the south exit saying "Do Not Enter". This should be put on the back side of the Stop sign that is there. C/W Massaro MOVED the APPROVAL Tem Reso. #2185 subject to: - Providing raised curbing around parking islands located within private lot and along east property line. - Provide 6" concrete curb along the north, south and west property line to prevent drainage onto adjacent property. - Continuing the sidewalk to include the dumpster area. - Changing the sign to say "Do Not Enter" on the backside of the Stop sign, at the south entrance. - Paying the appropriate fees for the balance of the engineering when they apply for a permit and; subject to appropriate bond as required by engineering for engineering work (public improvements). - Check was received for $453.08 for drainage retention and drainage improvement, a $1,500 bond is required for public improvements. SECONDED by V/M Disraelly. Richard Rubin received a check from Mr. Griffin for $453.08 satisfying C & D of the Development Review Status Sheet related to engineering. VOTE: ALL VOTED AYE Landscape Plan - V/M Disraelly MOVED the APPROVAL of the Landscape Plan with Beautification's approval and they asked that it be indicated in reference to the Black Olive and Sabal Palms in the material schedule C-H-D-I & J that it say "three each". SECONDED by C/W Massaro. VOTE: ALL VOTED AYE Acceptance of Utility Easement - Temp. Reso. #2186.- V/M Disraelly read the Resolution by title and MOVED the ADOPTION of Tem . Reso.#2186, SECONDED by C/W Massaro. VOTE: ALL VOTED AYE 33. Lindsley Lumber Comban a) Revised Site Plan for Reso. #2161 b) Request for exception #2162. SYNOPSIS OF ACTION: TABLED indefinitely Discussion and possible action on: general revisions to the site - Temp. to platting requirements - Temp. Reso. Richard Rubin said the applicant is not present for this item and there are several items that must be clarified. V/M Disraelly MOVED to TABLE this item indefinitely, SECONDED by C/W Massaro. VOTE: ALL VOTED AYE The City Planner is to call Lindsley Lumber to notify them that no action can be taken until they appear before Council. 34. Onecio Perera Shopping Center - Performance Bond - Discussion and possible action on: a) Rescission of Resolution 82-55, calling a performance bond which was posted for public improvements, by Temp. _Reso. #2197. b) Release of performance bond by Temp_. Reso. #2198. SYNOPSIS OF ACTION: a) and b) APPROVED. RESOLUTION NO. R-- - 7 PASSED. RESOLUTION NO. R- - PASSED. - 23 - 3/10/82 /pm a) Attorney Birken read the Resolution by title. V/M Disraelly MOVED the APPROVAL of Temp. Reso_ 42197., SECONDED by C/W Massaro. r+c.0-M ALL VOTED AYE b) Attorney Birken read the Resolution by title. V/M Disraelly MOVED the ADOPTION of Temp. Reso. #2198 upon the recommendation of the City Engineer. SECONDED by C/W Massaro. VOTE: ALL VOTED AYE 36. Woodmont Plaza - Bond Release - Tem . Reso. #2201 - Discussion and possible action on'release of a performance bond posted for public improvements upon receipt of a one-year warranty bond. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-- PASSED. Temp. Reso. #2201. Attorney Birken read the Resolution by title. Barry Eden said the check for $330.49 for engineering fees was paid and mailed in plus $203.50 for the Lime Rock Base tests. V/M Disraelly MOVED the ADOPTION of Temp. Reso. #2201, SECONDED by C/W Massaro. VOTE: ALL VOTED AYE 20. Beautification Regulations - Temp. Ord. #964 - Discussion and Possible action to amend Chapter 6 of the Code to permit Council to approve optional designs of walls separating business from residential property. First Reading. SYNOPSIS OF ACTION: TABLED to meeting of 3/16/82. Attorney Birken read the Ordinance by title. V/M Disraelly said that the Planning Commission voted unanimously to reject this Ordinance. There are many types of problems with this. He said he does not feel this type of optional design other than solid masonry walls, stucco and painted, should be permitted. V/M Disraelly said, furthermore, in an area such as there is under discussion at the present time, there is much additional land where there could be other fences built and the next fence might be of a different type of structure, one 5 feet high, one 6 feet high, one of lattice work, one of solid masonry or one of stone, etc, He said he is opposed to changing the type of wall permitted. C/W Massaro said she has seen some bad conditions where these walls occur but Barry Eden has a special reason for wanting it there. Barry Eden said this does not give any one the absolute right to use anything but a concrete block wall. What this does is that it dives the Council the right to grant an exception in a particular set of circum- stances if the Council so deems. He said this has been discussed pre- viously and the people abutting this property have requested this type of fence. He pointed out that masonry walls do need maintenance by way of painting often. He said the purpose of this Ordinance is to give Council the ability to make individual decisions concerning this. V/M Disraelly repeated his objections and MOVED to DENY, SECONDED by C/W Massaro. VOTE: ALL VOTED AYE - 24 - 3/10/82 /pm Barry Eden said that the masonry walls are a constant problem and Council had a verbal understanding when the site plan came in and 10 feet were given up so that they would have more of a backyard that this was part of the package. Tape 6 C/W Massaro said this was not a fair decision if this was the case and she MOVED to RECONSIDER the item further to the meeting of March 16, 1982, SECONDED by V/M Disraelly. VOTE: ALL VOTED AYE C/W Massaro said if this is considered, the City Attorney has a sentence that is good which says, "such a wall may be approved by the City Council at its discretion when agreed to by all the adjoining property owners on both sides of the wall". Attorney Birken said the City Clerk should pull the Minutes of the meeting where the revised site plan was reviewed and C/W Massaro said if the Minutes are not clear enough the tape should be pulled. Barry Eden commended the Building Department for their helpfulness. 38. NW 64 Avenue - Discussion and possible action on: a) Approval to authorize Mid -South Engineering to undertake a traffic study in order to remove this roadway from the Broward County Trafficways' Plan. b) Construction of the approximately 300-feet south of Commercial Blvd. SYNOPSIS OF ACTION: a) C/W Massaro was authorized to notify President of Woodlands Homeowner's Association and report to Council, b) City Attorney authorized to contact County notifying them that the City agrees to allow them to move forward on construction (300 feet south of Commercial Blvd.) a) Attorney Birken said he was asked by the City Engineer and the City Manager to get in touch with Mid -South Engineering concerning whether they would be interested in providing a professional engineering analysis and report concerning the technical aspects and reasons why NW 64 Ave. south of Commercial Blvd. in particular should be taken off the Broward County Trafficways' Plan. The City Attorney said if Council wants this to be approached in a professional manner rather than have the City at the mercy of the County staff, he would recommend moving forward and accepting the proposal of Mid -South. Mr. Nolan has been asked whether his firm would be interested in becoming involved and he would defer on this item to the expertise of Mid -South. Mid -South is representing the City of Fort Lauderdale in a similar request and their reputation in traffic engineering is known to Council. The City Attorney said that the City Engineer does not feel as though he can handle the technical traffic engineering matters. Mr. Nolan feels that Mid -South is more qualified to do this and either the City let the County do what they think is best or the City can provide facts and, hopefully, the facts will be on the City's side and they will remove 64 Ave. from the Trafficways' Plan. V/M Disraelly said apparently the only way to get anything done is to have a solid approach by a professional engineering concern. C/W Massaro asked what if the City contacted the people involved there and asked them if they want to pay for this? Attorney Birken said this might not be a bad idea but there is not much time involved. - 25 - 3/10/82 /Pm V/M Disraelly MOVED that C/W Massaro be authorized to contact the President of the. Woodlands Homeowners Association to indicate to them that the City would be happy to do a feasibility study on 64th Ave. from Commercial Blvd. south provided that they will absorb the costs which should not exceed $4,200.00, SECONDED by C/W Massaro. V/M Disraelly added "and report to Council". VOTE: ALL VOTED AYE b) Attorney Birken said staff would like indication from Council that they have no objections to what the County is proposing and that work can commence. He said the City has very limited rights. The first 300 feet is dedicated to the public and as long as the County is proposing minimal work that would destroy trees; as long as it's made clear that those specific plans are all the City is agreeable to and that the City would object to any removal of vegetation or anything else in the outer limits shown on those plans,. then they could proceed with the construction. The City Attorney said the City owns the east 35 `.`eet. This is dedicated to the City and not to the public, south from the 300 foot portion. Attorney Birken said the plat is approved already for the 300 feet and he cannot guarantee that the City would not be better off having nothing there but he thinks that the County has gone as far as it can go on redesigning the intersection. Attorney Birken said the County staff wants to have the work done. He said the sooner the City gives their approval the better. C/W Massaro MOVED to authorize the City Attorney to contact the County to notify them that the City agrees to allow them to move forward on con- struction of the approximately 300 feet south of Commercial Blvd. SECONDED by V/M Disraelly. VOTE: ALL VOTED AYE 39. Drainage Improvements in the City - Discussion and possible action. SYNOPSIS OF ACTION: Mayor Falck met with Sunflower people on staff level, C/Engr. will not know where they are until he receives permission to move ahead. Mayor Falck said there was an internal meeting in connection with the items relating to Sunflower/Heathgate and they are in the process of contacting them and their attorneys so that they can finalize the discussions with those people. C/W Massaro said that the City Engineer said they will not know where they are until they have been given permission to move ahead. 40. City Council Report V/M Disraelly said he attended a seminar last week in Fort Lauderdal, concerning 'Resource Recovery".. There were people from various systems present and there was discussion about the fact that there is a problem in the County of 2,400 tons of waste generated per day. 600 tons go to Davie, 600 tons that go to Pompano to Waste Managemen- Project up there and about 1,200 tons per day go to Pompano each day also but they are running out of land. He said they discussed the energy uses, material use, recovery of metal and glass and ferrous metals, aluminum and paper, the limita- tions of what they are doing, the benefits of the conserving of energy, the reduction of the use of land fill, the facilitation of burning, the energy that is created that could be sold to FP&L. This is not a cheap thing and will run approximately $100,000,000. - 26 - 3/10/82 /pm V/M Disraelly said they talked about the financial aspects of this and they hope that the energy recovery would offset the fees and there could be a profit on this. He said he will write something about this when he can. V/M Disraelly said last week there was further discussion at the County Courthouse which concerned resource recovery site approval. The number one location is at 441 and 84. It would take about 25 acres of land. If they start the plans today the place could be in operation in 1985. The second area would be in Fort Lauderdale on Powerline and the third would be Port Everglades. There are only 20 acres there and they are, in addition to that, looking for additional landfill, about 400 acres. V/M Disraelly said there is a place in Davie for $25,000 per acre to purchase it and $25,000 an acre for site preparation in order to prevent leeching. In addition to that the cost and the inpacts that will be considered, there are two other areas that were talked about, one near the correctional institution in Pembroke Pines and one on Chapel Trail which is near the new 27 construction to use part of 1800 acres there and a fourth location was at Markham Park. V/M Disraelly said they are still probably a couple of years away from even a determination as to what they are going to do let alone how they are going to do it. C/W Massaro - No Report Mayor Falck said everyone wishes Arthur Birken well in his new position as Judge. 42. City Attorney Report - Arthur Birken said he recommends Council consider advertising locally in Broward, Palm Beach and Dade Counties rather than state-wide or country -wide so that the applicants are familiar with the problems and people of this area. He said Alan Ruf is very competent but he is already the City Attorney of another City and economically it would be best to get someone as quickly as possible. Mr. Birken said he has not spoken with the Administrative Chief of the County Court but he imagines that April 5 would be the date he would start as County Court Judge. He said he will submit a formal letter of recommend- ation and it will contain his feelings for the City and members of the Council. 41. City Mana2er Report - No Report ,. - 27 ` 3/10/82 /pm MEETING WAS RECESSED AT,4:10 P.M. r ATTEST: ASSISTANT CITY CLERK This public document was pranulgated at a cost of $ '�:;'Z 0 /- / g or $ ?` U 7 per copy, to inform the general public and public officers and employees about recent opinions and considerations by the City Council of the City of Tamarac. APPROVED BY CRY COUNCIL ON � - 28 - 3/10/82 /Pm