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HomeMy WebLinkAbout1981-11-30 - City Commission Regular Meeting MinutesCITY OF 'T'AP1ARAC , FLORIDA REGULAR CITY COUNCIL MEETING NOVEMBER 30, 1981 CALL TO ORDER: Mayor Walter Falck called the meeting to order on Monday, November 30, 1981, at 9:30 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: e City Manager, Laura Stuurmans City Attorney, Arthur Birken Asst.City Clerk,,,'Carol A. Evans Secretary, Patricia Marcurio Mayor Falck reviewed the schedule of items on the agenda. 3. Employee of the Month - Presentation of awards by the City Manager to the"Employee of the Month" for the month of October, 1981. SYNOPSIS OF ACTION: TalDled Vice Mayor Disraelly MOVED to TABLE Item 3. SECONDED, by C/W P4assaro. ► 61102F ALL VOTED AYE 26. Construction of Dum sters - Temp. Ord. #921 -- Discussion and Possible Action to amend Section 7-30(8-10) of the Code to require that dumpsters within multi -family developments be constructed with mechanically activated gates. Second Reading. (tabled from 11/12/81) SYNOPSIS OF ACTION: Tabled Vice Mayor Disraelly PROVED to TABLE Item 26. SECONDED by C/TV Massaro. ftellemp ALL VOTED AYE 23. Bonding Requirements - Temp. Ord. -iSll - Discussion and Pos- sible Action to amend Code Chapter 24 by requiring public improvement bonds and warranty bonds cover off -site improve- ments only in the public right-of-way. Second Reading. (Public Hearing held 10/22/80). SYNOPSIS OF ACTION: Tabled C/W Massaro MOVED to TABLE Item 23 indefinitely until the City Engineer and C/W Massaro can meet on this. SECONDED by Vice Mayor Disraelly. VOTE: ALL VOTED AYE 33. Mainlands Center -- (northeast corner of University Dr. and NW 58 St.) - Revised Site Plan - Discussion and Possible Action on a Revised Site Plan for a ground sign. SYNOPSIS OF ACTION: Removed from Agenda. Vice Mayor Disraelly MOVED to REMOVE Item 33 from the Agenda since the Council did not receive all the information on this. SECONDED by C/W Massaro. VOTE: ALL VOTED AYE - 1 - 11/30/81 /pm 31. Richway Department Stores - Discussion and Possible Action to: a) Acceptance of a utility easement from Martin Zuckerman and Celia Resnick by TeM. Reso. #2075. b) Request to vacate NW 83 St. road right-of-way, extending west of University Dr. and north of University Amoco Service Station, by Temp. Ord. #928. Second Reading. (Public hearing held 10/28/81)�. SYNOPSIS OF ACTION: Tabled to December 9, 1981 Mq-,eting. Vice Mayor Disraelly MOVED to TABLE Item 31 until December 9, 1981 at their request. SECONDED by C/11 Zemel. VOTE: ALL VOTED AYE 8(1) Consent Agenda: Authorization to refund Occupational License fees for: 1) Berliner and Company, CPA - $140.00 paid for Professional Association license 2) Steven A. Botwinick - $50.00 - No longer in business. 3) Jackson Minit Markets - $60.00 - Reduced Inventory. 4) South Florida Rax, Inc. - $70.00 - No longer in business. 5) Terminal Fabrics, Inc. - $100.00 - Reduced Inventory 6) I.C. Sales, Inc. - $140.00 - Overpayment SYNOPSIS OF ACTION: Tabled to next regular meeting C1W Massaro MOVED to REMOVE this item from this Agenda and TABLE until the next regular meeting. SECONDED by Vice Mayor Disraelly. VOTE: ALL VOTED AYE 4. Employee Service Awards - Presentation by the City Manager of a ten-yearpinto Sgt. Michael Janiec of the Police Depart- ment, and a five-year pin to Joseph Morrow of the Public Works Department. SYNOPSIS OF ACTIO14: Presentation of Awards made by City Manager. Laura Stuurmans, City Manager, presented award of a ten-year pin to Sgt. Michael Janiec of the Police Department, and a five-year pin to Joseph Morrow of the Public Works Department. 5. Deborah IIos ital Foundation - Presentation by Mayor Falck of a proclamation to the Sands Point Chapter designating the period of December 7-12, 1981, as "Deborah Hospital Foundation Week". SYNOPSIS OF ACTION: Presentation of proclamation by Mayor Falck. Presentation by Mayor Falck of a proclamation to the Sands Point Chapter designating the period of December 7-12, 1981, as "Deborah Hospital Foundation Week". 1. Ramte Water Storarje Tank - Tract 27 - Discussion and Possible Action on preparation of the necessary plans and specifications for construction of this tank. SYNOPSIS OF ACTION: See Page 3. - 2 - 11/30/81 /pm 2. Recreational Facilities - Tract 27 - Discussion and Possible Action on preparation of a survey and sketch of this property, along with topographical and soil analyses. SYNOPSIS OF ACTION: TABLED until next regular meeting awaiting survey. C/W Massaro MOVED to TABLE this item until the next regular meeting awaiting the survey report. SECONDED by C/M Zemel. VOTE: ALL VOTED AYE _RemoteWater Sto?age Tank - Tract 27 - Discussion and Possible Action on preparation -of the necessary plans and specifica- tions for construction of this tank. SYNOPSIS OF ACTION: ACCEPTED the cost indicated by letter from Williams, Hatfield & Stoner of 7/14/81 of $30,000 for preparation of plans and specs and $7,500 for construction services as required during the course of con- struction and so required by the City Engineer and to proceed under that proposal. The City Engineer recommended accepting the proposal previously submitted by Williams, Iiatfield & Stoner for the design and preparing the plans and specifications for construction of the Remote Water Storage Tank on Tract 27. The proposal for all the work necessary was for a $30,000 Design Fee and $7,500 for any general construction services which may be necessary after the project is bid. The City Engineer recommended that the Council accept this proposal and authorize the consultant to do the work as pro- posed. lie said this is a reasonable fee comparable to those recommended by the Consulting Engineer Society. C/W Massaro MOVED the ACCEPTANCE of the cost indicated by letter from Williams, Hatfield & Stoner of 7/14/81 of $30,000 for preparation of plans and specs and $7,500 for construction services as required during the course of construction and so required by the City Engineer and to proceed under that proposal. SECONDED by V/17 Disraelly. VOTE: ALL VOTED AYE 6. We Committee - Discussion and Possible Action on: a) Re-establishing this committee by Temp. Ord. 4939, First Reading. b) Announcement of twelve regular terms to expire 12/10/81. SY14OPSIS OF ACTIO14: TABLED Request for Minutes from Committee. The City Attorney read the Ordinance by title. C/M Kravitz said that as liaison to this committee he has received many calls from citizens stating how beneficial this committee is and he MOVED the APPROVAL of Temp. Ord. #939 to continue with this committee, SECO14DED by C/M Zemel. V/M Disraelly said that this committee has not given any reports or minutes to Council concerning their functions. Ile also questioned whether twelve members are needed for this committee. Ile is further concerned because the committee is asking for money from outside sources. The Chamber of Commerce has indicated that there is a problem with the solicitation of funds and the Chamber ahould approve it as a function that should have funding,, They are suggesting to all members of the Chamber of Commerce, because of the economic situation and the large number of people who are soliciting funds that the Members of the Chamber no longer do this. He, therefore, feels before the Council continues with this, due consideration should be given. C/PI Kravitz said that he thinks the V/P1 is misinformed. The -Minutes of each meeting have been distributed to the Council describing exactly what has taken place as to their functions, accomplishments,their future setup, etc.. - 3 - 11/30/81 /pm C/M Kravitz said these Minutes have been distributed. The Annual Report has not been completed yet because the year is not completed. C/M Kravitz said concerning the Chamber of Commerce article, he spoke that morning to Pat Grillo, who is President of the Chamber, and she told him that the article was not in connection with the Welcoming Committee. At no time has the Welcoming Committee solicited any bank or any business person for contributions. The contributions she was referring to in the article had to do strictly with the Festival of Lights. The only contributions the Welcoming Committee got were from one bank, Summit Bank --they voluntarily gave the contribution and have no objection. There were no other contributions given to this Committee. The V/M said that he did not�want to enter into a debate; however, he said he thinks an error was made in that Pat Grillo wrote in her news- letter of the Chamber that they did approve contributions to the Festival of Lights. lie explained that he did not say that Pat Grillo objected to the Welcoming Committee, but just that she objected to solicitations. He repeated that he has never seen any Minutes from this Committee, and he would like to see copies of them if they have been prepared. C/W Massaro said she is very disturbed concerning this statement about the Festival of Lights. Before this ever went into the newspaper with the letter that the City received .from the Chamber, C/W Massaro immediately instructed those who were soliciting for funds to go to Mrs. Grillo and to the Chamber and get a letter from them as to whether they approve or disapprove of solicitations of members of the Chamber or anyone else. Concerning the Festival of Lights, they immediately got the approval. She further stated that people have come to the. Council and stated that this is not the way that it was outlined that the Welcoming Committee would work. She said she was very much disturbed by the fact that a Councilman had to leave the Council Chambers at an important issue that came up'before the Council to take care of the affairs of the Welcoming Committee. This interferes with City business and she said it is not right. She said she is also upset that the Welcoming Committee did not come into the Chambers and meet the Council. She said she does not like the fact that one person is financing this, this more or less puts the City under obligation and is not quite right. She thinks that this should be looked into more. C/W Massaro MOVED that this be TABLED. V/M Disraelly SECONDED. VOTE: C/M Kravitz NAY C/M Zemel NAY C/W Massaro AYE V/M Disraelly AYE PZayor Falck AYE 7. Recreation Board - Discussion and Possible Action to appoint . a member to this committee by Tea . Reso. #2098. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. Rj="6� p PASSED. appointment of James Shiles as member to this committee. The City Attorney read the Resolution by title. C/M Kravitz introduced to the Council the name of James E. Shiles as an applicant for member to the Recreation Board with his full endorsement and so MOVED. V/M Disraelly questioned how many people are now on the Committee and how many are needed. C/M Kravitz said the Code does not say how many they can have but it depends on how active they are and what Sharon Ellis, Recreation Director, feels she needs. -- 4 -- 11/30/81 /pm Mr. Shiles'duties would include helping at the ball games at the parks, setting up with the children that play at the parks. Vice Mayor Disraelly asked if the Council receives reports from this Committee. C/M Kravitz answered that there are minutes and they are distributed to Council --he has received reports. The Vice Mayor said that he has not received any reports in the last year and he feels that Council should know who attends these meetings and what they do. Minutes should be kept and distributed to Council. C/M Kravitz suggested sendigg a memo to them and ask that the minutes be distributed. C/W Massaro said she would not object to this person being appointed because Sharon .Ellis does need help but she agrees that Council should have some sort of information from them. She said Sharon Ellis should be giving a report to Council about their activities as well. C1W Massaro said she will SECOND the MOTION appointing James E. Shiles as a member to the Recreation Board. Mayor Falck asked the City Manager to look into the possibility of developing more routing to the Council of copies of minutes of these minutes. The City Manager verified that she would. VOTE: ALL VOTED AYE 8. Consent Aaenda: a) Minutes of 9/23/81 - Regular Meeting - Approval recommended by City Clerk. b) Minutes of 10/14/81 - Regular Meeting - Approval recom- mended by City Clerk. c) Minutes of 10/20/81 - Reconvened Regular Meeting - Approval recommended by City Clerk. d) Minutes of 11/7/81 -- Emergency Special Meeting - Approval recommended by City Clerk. e) Alan F. Ruf - Consulting City Attorney - 10/20/81 - $760.00 and $60.00 - Total $820.00 - Approval recommended by City Attorney f) Richard S. Rubin - Consulting City Planner - 11/l/81, $757.50 for September, 1981, and $2,100.00 for October, 1981, total $2,857.50 - Approval recommended by City Manager. g) Mitchell Ceasar - Grants Consultant - 11/10/81 - $1,250.00 monthly retainer and $2.02 telephone expense, total $1,252.02 - Approval recommended by City Manager. h) Muller, Mintz, Kornreich, Caldwell & Casey, P.A. - Special Legal Counsel -- 11/5/81 - $65.00 - Approval recommended by City Attorney i) Williams, Hatfield & Stoner, Inc. _ Consulting Engineer - 11/6/81 - $70.00 - Account 1-155-515-310 - Approval recommended by City Engineer. j) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 11/11/81 - $795,.;.58 - Account 428-371-536-462 - Approval recommended by City Engineer. k) Acknowledgement of donation of $250.00 from the Summit Bank for the Welcoming Committee activities. 1) Authorization to refund Occupational License fees for: 1) Berliner and Co, CPA - $140.00 paid for Professional Association license. 2) Steven A. Botwinick - $50.00 - No longer in business. 3) Jackson Mintt Markets - $60.00 - Reduced Inventory. 4) South Florida Rax, Inc. - $70.00 - No longer in business. 5) Terminal Fabrics, Inc. - $100.00 - Reduced Inventory 6) I.C. Sales,Inc. - $140.00 - Overpayment - 5 - 11/30/81 /pm SYNOPSIS OF ACTION: APPROVED a) through j). k) TABLED and 1) was TABLED until next meeting. (See Page 2) Vice Mayor Disraelly read the complete Consent Agenda and MOVED the APPROVAL of all of these and he especially commended the City Clerk for the excellent minutes that were done of those long lengthy minutes of 9/23/81 and 10/14/81. C/11Massaro SECONDED but said she would like to take Item (k) out for discussion. VOTE: ALL VOTED AYE k) C/W Massaro began discussion on Item (k) by asking C/M Kravitz if this donation of $250.00 to the Welcoming Committee has been spent. C/M Kravitz answered "no". C/W Massaro MOVED that there be no action taken on this until such time as the Council takes action on the Committee itself and MOVED to TABLED this item. SECONDED by V/M Disraelly. C/M Kravitz said he believes this money has been deposited into the Account of the City and could always be refunded should anything ever come up and this should be accepted. VOTE: C/M Kravitz NAY C/M Zemel 14AY C/W Massaro AYE V/M Disraelly AYE Mayor Falck AYE 9. Bid Award - Public Works Department - Temp. Reso. #2062 Dis- cussion and Possible Action to award a bid for lawn mainten- ance within the City (tabled from 11/12/81) SYNOPSIS OF ACTION: Bid for lawn maintenance within the City was rejected. City Manager authorized to go to bid again. Arthur Birken read the Resolution by title. Laura Stuurmans said that on the basis that all bids exceeded the amount that is budgeted, the staff is recommending that the bids be rejected and that they go for rebid. C/W Massaro MOVED that the bids be REJECTED and that the City Manager be authorized to rebid. SECONDED by C/11 Kernel. VOTE: ALL VOTED AYE ,_„c- Temp. Reso. ##2093 - Discussion and 1 Army.. Corps,,, of En 1neers -- Possible Action to approve an agreement with the Army Reserve for earth moving and related work in the City (tabled from 11/12/01). SYNOPSIS OF ACTION: See Page 9 Arthur Birken read the Resolution by title. r C/W Massaro asked the City Manager about the value of the work to be Tape done. She asked if the work they are going to do would warrant spending 2 the $475 for the insurance. The City Manager said it is worth this amount. The City Manager asked if this item could be held over until later in the day. (See Page 9 ). - 6 - 11/30/81 /pm 12. McNab Road - Status report concerning beautification and illumination. Discussion and Possible Action. SYNOPSIS OF ACTION: Tabled until a report is received from C/W Massaro. The City Manager said that Item 12 was placed on the Agenda by Vice Mayor Disraelly because there was contact from the County in July, 1981 indicating that they were completing the McNab Rd. project and that unless the City would enter into the maintenance agreement that they had presented to the City some time ago, they would not be landscaping that strip of McNab. Since that correspondence the City has had the issue on the table considering the legal point that was raised on the maintenance agreement and whether or not the City would be interested in executing that contract at this time. C/W Massaro said that she has an appointment to meet with some of the men from the County regarding Commercial Blvd. She''.suggested to the City Manager that perhaps Council would be willing to table this until C/W Massaro can meet with them concerning the sprinklers and beautifica- tion. Vice Mayor Disraelly MOVED to TABLE this item until a report is given by C/W Massaro. SECONDED by C/M Zemel. VOTE: ALL VOTED AYE 24. Notice of Board of Adjustment Actions - Temp. Ord. #909 Discussion and Possible Action to amend Section 28-17 of the Code by modifying the information required for such notice. First Reading. (tabled from 11/12/81). SYNOPSIS OF ACTION: APPROVED with changes, on First Reading. Arthur Birken read the Ordinance by title. The City Attorney suggested the following changes: On Page 1, Line 18 Change "radius" to "distance" On Page 1, Line 20 Change "radius" to "distance" On Page 1, Line 25 after the word "voidable" add "in the discretion of and" On Page 1, Line 28 change "radius" to "distance" On Page 1, Line 30 change "radius" to "distance" On Page 1, Line 32 change "circle" to "line(s)". Vice Mayor Disraelly MOVED to APPROVE this with the above changes. SECONDED by C/M Zemel. VOTE: ALL VOTED AYE 25. Zoning Re ulations - Temp. Ord. #913 - Discussion and Possible Action to amend Sections 28-57(a) and 28-58(c)(3) of the Code by removing references to three-story buildings in R-3 Low Density Multiple Dwelling Districts pertaining to street yard setbacks and distances between buildings. First Reading. SYNOPSIS OF ACTION: APPROVED on First Reading. Attorney Birken read the Ordinance by title. Vice Mayor Disraelly MOVED the ADOPTION of Temp. Ord. 0913 on the First Reading. SECONDED by C/W Massaro. VOTE: ALL VOTED AYE - 7 - 11/30/81 /pm 27. Grater and Sewer Billings - Temp. Ord. 4937 - Discussion and Possible Action to amend Section 27-19 of the Code by modifying the time periods for mailing of late notices and for disconnection from the City System. First Reading. SYNOPSIS OF ACTIO14: Approved on First Reading. The City Attorney read the Ordinance by title. The Vice Mayor said there have been discussions in Council about this and the intent of this is to change the billing date from the fourteen days required payment before notice of the shutoff was sent out. This is merely to change it to thirty days and other dates to conform with that. The Vice Mayor MOVED to ADOPT this on First Reading. SECONDED by C/M Zemel. VOTE: ALL VOTED AYE 10. Bid Award - Personnel/.Insurance Department - Temp. Reso.142088 Discussion and Possible Action to award a bid for boiler and machinery insurance. SYNOPSIS OF ACTION: Approved. RESOLUTION 110.R- �� �� PASSED Attorney Birken read the Resolution by title. Ile suggested the following language be added to Section 1: On Line 18 after the word "policy" add: "(12/1/81 through 10/1/82) with automatic extensions for up to two (2) one-year periods as per Paragraph 13 of the general provisions and specifications". Judy Deutsch said the recommendation is fairly clear and she had no further comments. She introduced to the Council Mr. Peter.Cooke of Cooke Insurance Agency. --- C/W Massaro MOVED to ADOPT Temp. Reso. #2088 which awards the bid to Cooke Insurance Agency (who are agents for Federal Insurance Co.)for the boiler and machinery insurance at a cost of $5,733.00 with the language that has been indicated by the City Attorney be included in the Resolution. SECONDED by Vice Mayor Disraelly. VnTR- ALL VOTED AYE The Mayor commended Judy Deutsch on her efforts concerning this. 28. Plaster Land Use Plan - Discussion and Possible Action on rezonings to comply with the Land Use Plan (tabled from 11/12/81). SYNOPSIS OF ACTION: Tabled C/W Massaro commented that there is sufficient time to take action on this item and there is much information to be studied by Council. She suggested to the City Attorney that.an Ordinance should be drafted. She said this should be changed to R115 and a workshop should be called on this item. C/W Massaro MOVED to TABLE this item until a workshop can be called with the City Attorney. SECONDED by C/M Zemel. The City Planner referred to his memo of November 23 and asked Council to review this and give their personal opinions regarding some of the rezonings listed. VOTE: ALL VOTED AYE - 8 - 11/30/81 /pm 11. Army Corps of_Encineers - Temp. Reso. #k2093 - Discussion and Possible Action to approve an agreement with the Army Reserve for earth moving and related work in the City (tabled from 11/12/81). SYNOPSIS OF ACTION: Tabled at the City Manager's request. (See Page 6) At the City M�nager's,ixequest, Vice P4ayor Disraelly MOVED to�TABLE Item 11 at the request of the City Manager'C/M Zemel, SECONDED. VOTE: ALL VOTED AYE 32. Tamarac Post Office - Revised Site Plan - Status Report by City Planner, and Discussion and Possible Action on a Revised Site Plan for the parking lot. (tabled from 10/28/81). SYNOPSIS OF ACTIO14: Accepted report and letter from the Post Office concerning action on the parking lot. Richard Rubin distributed copies of a letter received from Philip Ferrari, Staff Architect of the Post Office. lie read a portion of this letter, "After our discussion Per. Ferrari spoke with the Branch Manager concerning the final location of the mail boxes and he was informed that as soon as the sidewalk is paved along the SW corner of the Post Office they will place mail boxes along the front of that sidewalk", similar to the plan the City Planner prepared and sent to them. Therefore, the location of the mailboxes today are only temporary in nature and this letter shows that they will be locating the mailboxes after this is done , 11r. Rubin said. C/W Massaro asked if this will allow someone in a car to deposit mail without getting out. The City Planner confirmed it would. The Vice Mayor asked if it will be a "turn out" as was originally suggested. The City Planner answered no, because they paved the sidewalk where the "turn in" lane was shown on the plans. The City Planner asked that this item be removed from the Agenda since it has been reviewed. Vice Mayor Disraelly MOVED to ACCEPT the letter and report. SECONDED by C/W Massaro. VOTE: ALL VOTED AYE 34. Tamarac Plaza - (6666 1411 57 Street) - Revised Site Plan - Discussion and Possible Action on a Revised Site Plan for dumpster and extra parking places. SYNOPSIS OF ACTIO14: Approved with changes. (See Pages 10, 31, 32 & 33) . Richard Rubin said that at a previous meeting, the City Council agreed to waive additional parking for L'Hostaria and permit the developer to expand to the next bay with a waiver of 16 parking spaces. However, Council was concerned at that time, that the site was not being adequately kept up as it should be in accordance with the Tamarac beautification and the applicant was notified that there was a water bill still due the City from one previous tenant that had not been paid before the lease had expired. At this meeting the owner agreed to pay this bill immediately and at this time, according to the City Manager's records, it has not been paid. The City Planner was going to present this item to the Council showing all items of concern have been included in the Revised Site Plan and ask the Council to consider approval today. Now, he asked that this item be either tabled or denied. - 9 - 11/30/81 /pm C/W Massaro said she suggests tabling this and not denying it. Vice Mayor Disraelly said there are additional problems over there. Last week he received a phone call from one of the tenants that the dumpster had been taken out of the enclosure on Commercial Blvd. and put in the middle of a parking lot. A Code Enforcement Officer was sent over there and this was cleared up and now the dumpster is in the new enclosure but there may not be room there. There is apparently confusion in that L'Hostaria has not come in with proper requests of building permits. C/W Massaro said she feels they should not be granted any permit until some of this is cleared up, in fact, the way the owner of this property works with his tenants, some of this should be bonded to guarantee that the work will be done. Vice Mayor Disraelly concurred with this. The City Attorney said that the waiver is not effective until all of the work has been completed. The City Planner suggested Council table this item and the City Planner's office will contact the owner and perhaps he can come in in the afternoon to finalize this. This was decided upon by the Council and will be continued later in the day. (See Page 31 ). 35. Tamarac Town Square - (southwest corner of Southgate Blvd. and NW 88 Ave.) - Revised Site Plan - Discussion and Possible Action on a Revised Site Plan for a continuous third traffic lane on N14 88 Ave. in conformance with Broward County require- ments. SY14OPSIS OF ACTION: Approved with changes. Richard Rubin displayed the Revised Site Plan. He said that in the future as more projects are approved by the City and go to the County for platting under the old procedure, before the City adopted 81-53, the Council will be receiving more and more of these Site Plans for review to consider changes required by the Broward County Commission. In this case, there are over 22 changes (minor in nature) required by the County Commission staff. Mr. Birken reviewed the overall development and determined that the Site Plan needed to be reviewed by the Council before they could move on and obtain building permits. Although 21 of the items were very minor and do not require any changes in the Site Plan, one did :require change and that is before the Council today. Along 88th Ave. circled in red, there is a continuous right turn lane placed along the west side of 88th Ave. which is the east side of this development. The reason for the continuous turn lane or third lane of pavement is due to the three entrances in off of 88th Ave. Vice Mayor Disraelly asked if, on the previous Site Plan it showed the existing edge of pavement so what they are actually doing is removing the swale area. The City Planner said it is a six lane right-of-way so they are putting in another lane of pavement and moving the swale further to the west. Vice Mayor Disraelly questioned the relocation of catch basins. C/W Massaro said they should be responsible for relocating anything that ape is in there. The City Planner said that he spoke with the City Engineer 3 and he feels that this change is minor in nature, that he does have the revised cost estimate and he is requiring intitial bonds and his Engineering Dept. while inspecting the construction will make sure that everything is relocated prior to approving this. -- 10 - 11/30/81 /pm The Vice Mayor said that on Southgate Blvd. the extension of the sidewalk across the canal is not shown. There has been memoranda concerning the guardrail; there is a 7" solid wood post between the concrete post and the guardrail and they are to remove those 7" posts and abut-e. the guardrail to the concrete posts which will give them space to put in a sidewalk that should be 4'. The Vice Mayor said he has measured this and between the guardrail and the pavement at that particular point there is approximately 8' of swale so there is plenty of room for a sidewalk on 81st St. The problem was on Southgate Blvd. but it was found that with 7" of reconstruction of the guardrail they would be able to put a sidewalk in there. Construction should commence within fifteen to twenty days after the Site Plan is approved. C/WxMassaro asked if the City Engineer -is getting revised cost estimates on this. The City Planner said that on the phone this morning Mr. I:eating said he had received this one already, it is the other project that isn't complete. C/W Massaro asked if this one includes the sidewalks. The City Planner was unsure and C/W Massaro said it is most important to prove that they knew that the sidewalks must be put in. The City Planner called the City Engineer and stated that Mr. I:eating said that there is no problem with the sidewalk on the south side, the one on the north is the one he is reviewing now. Fie said since it is a Code requirement that fees and bonds must be placed on all sidewalks, he has no objection seeing that as part of the Motion. At this time he does not have the fees or the bonds for the sidewalk. The City Attorney asked whether the question was whether it was in the cost estimate that they submitted? The City Planner said it was not because they have not been designed yet. C/W Massaro MOVED the APPROVAL of the Revised Site Plan for the Tamarac Town Square subject to: the sidewalk being installed continuing across the canal north and south; the cost estimates be revised to include these sidewalks. That these items be included in the bond, that the applicant has a responsibility to remove the wood blocks on Southgate Blvd. and the present guardrail is to be connected to the concrete post which will give an additional 7"of space for the sidewalk installation. Under the third lane that is being installed on Pine Island Rd. as requested by the County and APPROVED by the City today, any catchbasin, culverts, lines of any utilities that are located under this area ---it is their responsibility to relocate same to conform to the City Engineer's requirements. SECONDED by V/M Disraelly. VOTE: ALL VOTED AYE C/W Massaro said she would like copies of the revised Engineering Cost Estimates given to all members of Council. 42. Versailles Gardens Possible Action to sign at each of the the City Code. SYNOPSIS OF ACTIO14: Approved (formerly Colony Club) Discussion and grant approval to erect an announcement two clubhouses under Section 21-5 of The City Attorney said this does not need a fee or a Revised Site Plan but just the approval of the Council. Jan Watson from Versailles Gardens addressed the Council. V/M Disraelly asked her if this is a Community Bulletin Board. She said it is just that. This will have 10' setbacks, be ground installed and landscaped. V/M Disraelly MOVED the APPROVAL of signs at each of the two clubhouses. SECONDED by C/PI Zemel. VOTE: ALL VOTED AYE 11/30/81 /pm Mayor Falck said that a complaint has been received concerning an individual where the sidewalks have been torn up over a month ago. He asked Ms. Watson if she knew the situation. She said it is all staked out over there. She said the person in charge will call the City Attorney concerning this. 41. Burnham Lea (Heftler Homes) - Warranty Bond Release Temp. Reso.#2100 - Discussion and Possible Action on request for ...release of this bond posted by Heftler Homes for public improvements. SYNOPSIS OF ACTION: Bond released RESOLUTION 14O. R- % � � PASSED. in the amount of $79,340.43. Arthur Birken read the Resolution by title. C/W Massaro said the City Engineer has indicated that anything needing correction has been completed and she MOVED that the bond be released in the amount of $79,340.43. SECONDED by C/11 Zemel VOTE: ALL VOTED AYE 43. Drainage Improvements in the City - Discussion and Possible Action SYNOPSIS OF ACTIO14: (See Below) Mayor Falck mentioned that on the Sunflower portion of this, an appointment has been set for Wednesday,.December 2 with a committee concerning this. There will be a report to Council on this. While awaiting the City Engineer, the Council went on to Item #39. 39. Concord Village -- Model Sales Facility - Discussion and Possible Action to renew a model sales permit for this project. SYNOPSIS OF ACTION: Tabled until December 9 meeting so City Attorney can get more information. C/W Massaro MOVED to TABLE to the next regular meeting so that Mr. Birken can get more information on this. SECONDED by C/M Zemel. VOTE: ALL VOTED AYE 43. Drainage Improvements p ts i r, ,n the City - Discussion and Possible Action. SYNOPSIS OF ACTION: Awaiting reports from City Engineer's office. The City Engineer said that the status report is that the City took bids on the Westwood III outfall last week and the low bid was approximately $127,000 which was $10,000 below the next lowest bid, and they expect to recommend an award of that contract at the next regular Council meeting. C/W Massaro asked how this compared with the estimated cost on this. Larry Keating said he thinks it was below what was originally estimated for the cost of this project. The other item underway is the design of the Sunflower Project which is underway and, hopefully, this will be put out for bid within the next week or so. This will require no easements from them. -- 12 - 11/30/3l /pm 44. City Council Reports: C/M Zemel - Coral Ridge Properties has promised that all blasting effecting the western section of the City will end today. C/W Massaro asked C/M Zemel what has happened with the various homes that have sustained damage because of this blasting. C/M Zemel answered that some of the insurance companies have asked the people who claim damages to wait until the blasting has stopped. Other insurance companies have paid full repairs, sore insurance companies have told individuals that they are not interested and that their claim is invalid. As soon as the blasting has definitely stopped, he will work with the community,as a member of that community, to enter into a class action against the developer for the damages that will not be reimbursed by the insurance companies. Ile said that most of the people have policies that are extensive enough to cover this. Mayor Falck commended C/Pi Zemel on his thorough job of reporting to Council on this matter. C/M Kravitz - C/M Kravitz said he would like to make the following remark strictly from a personal point of view.. Ile feels that Council sometimes takes it upon themselves to feel that they have to be an expert in every field of city endeavors. Ile said he doesn't believe any one on Council can take that position because they can not know everything in a way of being an expert in every field of City endeavors. Ile finds that many of the people on Council are trying to do the jobs either through City Management or trying to actually do the work of the liaison through that particular task. Ile also finds that for the first 3 months sitting on Council, he was trying to get his feet wet and learn what Council was doing and he said he thinks he learned what he had to learn; that he wants to get more involved from now on. He said he didn't like what tool-, place that morning on Welcoming Committee and he felt that the only reason it took place was because it was strictly political and he does not go for political shenanigans on Council. He said that he for one wants to bring that up , and if it is that, he is going to fight it all the way on Council. If it is for the good of the City and for the good of the people in the City, then he will fight for it. If it is a question of politics, he is strictly opposed to it. He said he wants .�t known on record that he will not go along with anything for the purpose of any group or person on a political basis. C/W Massaro - Reported her concern that Sabal Palm is terrible trimming improved condition. She asked the City Manager about of trees and other overgrown conditions being as soon as possible. in the V/D1 Disraelly - Reported that he and Richard Rubin met with Mr. Fernandez of Liridsley Lumber. Ile said they discussed several items and the Vice Mayor has issued a memo concerning this to all members of Council. Ile said they have received complaints from people in Paradise Estates about mowing of the grass, etc. and they gave permission for the clearing of those lots. Ile received a phone call Wednesday from the pro tem .President of the Association there and they were very appreciative. The Vice Mayor also mentioned the parking lot lights should be checked because many are in violation. - 13 - 11/30/31 /pm 45. City Manager Report - No Report 46. City Attorney Report-- No Report Mayor Falck said he received a number of telephone calls on Saturday and Sunday about Cable TV. Apparently, there has been some publicity about it and people wanted to know if their service would be curtailed and whether the rates would be increased. As a result of some work being done during the month of October and into November, the Workmens' Compensation Premium for the year ending September 30, 1980 has been revised. The audited premium reduces our own Workers' Comp Premium for last year by $13,372 and the Utility by $3,871 which means that these monies will be coming back to the City in relatively short order. When the dividends are calculated at the early part of next year (between March and May), the dividends will be calculated on the audited premium of $148,000 instead of the estimated premium of $161,000 so we still will qualify. Even more important they were able to get the estimated premiums for the fiscal year beginning October 1, 1981 and ending September 30, 1982 reduced in the city from $142,000 to $97,000 and for the utility from $20,000 to $17,000. They will be showing up in the fiscal year operation on reduced payments that will be required on Workers' Comp. A copy of the figures of detail will be sent to all members of Council. MEETING WAS RECESSED TO 1: 30 P . M. , FOR LUNCH Tape -. 4 MEETING WAS CALLED TO ORDER, ROLL CALL TAKEN, AND ALL PRESENT 29. Bruce_2cian - Rezoning Petition 03A--Z-81 - Discussion and Possible Action to rezone lands on the�east side of University Dr. extending southward from NW 64 St. to St. Malachy Church property from R-3 to B-2 by Temp. Ord. 4906. First Reading. (tabled from 9/9/81). u 30. Bruce man - Rezoning Petition #3B-Z--81 - Discussion and Possible Action to rezone lands on the east side of University Dr. extending southward from ITW 64 St. to St. Malachy Church property from-3 to RD-7 by Temp. Ord. 4905 First Reading (tabled from 9/9/81) SYNOPSIS OF ACTION: Items 29 & 3n were `.FABLED until January 13 fleeting. V/M Disraelly MOVED to TABLE- Items 29 and 30 until the January 13, 1982 meeting as per a request by letter from Bruce Egan, SECONDED by C111 Massaro. VOTE: ALL VOTED ME If - 14 -- 11/30/81 /pm 15. eater and Sewer Rates - Tamarac Utilities West -- Temp. Reso. #2097 - Discussion and Possible Action to establish and modify the rates and charges applicable to the City Utility serving customers west of State Road 7 pertaining to Homeowner Association Recreation Facilities. SYNOPSIS OF ACTIO14: Tabled to no later than the second meeting in December. NOTE: At the request of C/M Zemel, the following is a verbatim transcript of Item 15. City Attorney Birken read the Resolution by title. Mir Faick - Is there any discussion before the public hearing? C/W Massaro - I have discussion, Mr. Mayor, but do you want discussion from us first? Mayor Faick - Well, if the Council is so inclined. I'll take your observations. C/W Massaro - The information that I personally was seeking, I don't know about other members of Council, but I have been seeking information on this for a long time. As was indicated in the Minutes, that qo back to February 3rd, when action was taken at a Council meeting,, I stated my quoting from the Minutes. "V/M Massaro indicated that the question that is upper most in many of the sections is the effect it will have on their rates for the clubhouses. She feels clubhouses are entitled to residential rates and this should be taken up in the very near future, however, it is an issue that should not be heard at this meeting". So that, as far back as February, the Council was of the opinion that this should be discussed and that we needed backup to do this. Well, I got the backup this morning, just before I came down here. And, I don't think that that's the way you handle an issue like this; I think that we should review it and know exactly what we're doing. I am in full accord with giving every consideration to the clubhouses. I was then, I am now, but I like to do it like we do everything else, in a business- like manner. Mayor Falck - Thank you. Any other observations by Council? C/M Kravitz - Mr. Mayor. Mayor Falck - Yes.C/M Kravitz C/M Kravitz - I asked for this Resolution and the fact that it was brought up in February is why I asked for the Resolution. It seems to me that if Council wanted to get backup they could have gotten it a long time between February and November. I asked for it and I got it in two days, it doesn't have to take six months. And the only reason I can see again, is to play games, I don't like to play games. And I feel that if it's good for the people let's take it up and not postpone it with all kinds of shenanigans. And I would hope that Council would consider it on its merits and not for any other purpose. Mayor Falck - Other observations of Council? V/M Disraelly - Mr. Mayor. Mayor Falck - Yes, V/M. V/M Disraelly - I, too, received the information on this on my desk - 15 - 11/30/81 /pm this morning. I reviewed the information that was given to us in this Resolution. However, I have, what I say, backup... I need information to tell me what the loss of revenue is in water, what the loss of revenue is in sewer, and I had none of that information until this morning. And, although the statement was made that we could have looked for it, we couldn't look for it until somebody had made a proposition as to what should happen. And, when one reviews the results of last years' water revenue, one would learn that waste water was short in revenue by over a quarter of a million dollars, $330,000 to be exact. And that pure water was less than $100,000. Our surplus for the utility came from interest on our investment. And so you need more figures than just what was handed to us today. I think the entire matter has to be reviewed and not just pick something up. And that's why I say until we have the facts given to us a couple of days in advance so we can review it, we shouldn't,just say "let's go ahead and do it". We are concerned. We want things to progress for the benefit of the people, but not without consideration of all the facts before us. And we had none until this morning. Mayor Falck - Thank you. C/M Zemel - Mr. Mayor Mayor Falck - Yes, sir. C/M Zemel- Inas much as everybody had their turn, although I wasn't going to speak, I might as well take mine. Mayor Falck - Help yourself. C/M Zemel -- Certainly the water and sewer bills that come to the club- houses of the private communities are part of the homeowners' bill, not part of a building's bill or an association bill or a clubhouse bill but the members of that particular association happen to be the residents of that community . Actually, you skin the cat two different ways, it makes no difference because whether we pay with lower rates or whether we pay with high utility rates, lower rates at the clubhouse or high utility rates, it has to balance out eventually. And I think that the fair way to do it would be something that we talked about and done nothing about and that is to reduce the club- house rates to the residential rates rather than commercial. As far as figures, I see what the figures are. These are attested to, as far as I am concerned by the City Manager and the Finance Director and we don't pay ourselves $300.00 a month to be Finance Directors or City Managers --we pass those to the legislators. And we're sticking our nose into business where we shouldn't sometimes. There is no question that any Council member can go as deeply as they want to and dig as deep as they want to and discuss as much as they want to and they vote the way they feel their conscience should guide them to vote. However, it's all very simple. The numbers are here, they are not difficult to read, it doesn't take a week for me to review and say that the total annual decrease in revenues, if we change the rates from commercial to residential, would be $10,606.20, for commercial water ,$14,414.40 for waste, for sewage. These are two simple numbers, they amount to about $25,000, I know what it says; even if I had only gone to the eighth grade elementary school, I'd know what it says. Plus the fact, that as far as I'm concerned, these figures are attested to by the Finance Director, as I said, and the City Manager, who are paid very well to give us figures that we can believe. Cause if we can't believe them, let's get rid of both of them. Now the only thing that remains is whether or not this is the method, the path, the route we want to travel. Not a question of digging in for another six months. Thank you. Mayor Falck - Other observations? This is a public hearing, anyone from public want to speak on the subject ? yes, sir. - 16 - 11/30/81 /pm Ra,, Munitz - As the first 'Bice President of the President's Council, and as a Chairman of it's Water and Sewer Utility Committee, I guess I'm a little bit more effective than each and every member of Council. I had a report from Steven Wood, which the Mayor was kind enough to get for me, back in January of this year. January! I have the numbers, I have the figures, we knew exactly and we at the President's Council have been in favor of this. Let me just give you the Genesis of this entire Ordinance. Back in September of 1979 the President's Council appointed Bernie Hart,our then second Vice President ,as the Chairman of the Committee who objected to the fact that the Florida Power and Light was charging commercial rates for these same clubhouses. With the help of Oscar Tucker and with the assistance of an attorney, Stuart Stein, that application was made before the Public Service Commission, a brief was prepared, a hearing was held and this goes back to September, 1979 when it was started. And sometime about a year and a half later the report of the hearing examiner came through and we were upheld. The Public Service Commission ruled that these clubhouses must be charged residential rates as of July 25, 1982. We knew this decision back the early part of this year and we of the President's Council heard the decision, only waiting for the actual final conclusion on the part of the Public Service Commission_ I immediately called our Mayor and I was discussing something else with him at that time and was instructed by the Board of Directors of the President's Council, to ask the Mayor what the Council would be considering with regards to the water and sewer rates for these same clubhouses. The mayor put a fetter in the mail r.o me the very same Uay and I thank you for your promptness, Walter, it was a pleasure to see. And when you said that the matter was turned over to Steven Wood, the Finance Director, and as soon as he had the report he would send a copy to me, which he did. Within about two weeks, I think it was, I got a copy of this report, which stipulated what the loss of revenue would be if the City Council went the same route that the Public Service Commission is ordering the Florida Power and Light to do. And the number was roughly 8, 9, 10,000 but I prefer being conservative in the light that I spent dealing with figures as a CPA and I would take roughly $10,000 as a conservative figure of the revenue that would be lost through the maraarac Utilities West income. This matter was discussed with the Finance Director and he said very frankly that this is something he could live with very, very easily, very comfortably. That if the Council felt that this is what they wanted, the fact that this revenue would be lost would be of no consequence. The utility, thank God, is operating at a surplus, is operating very, very successfully, financially and other ways and he saw no objection from a financial point of view ---this is what seems to disturb all of you at this point. Let me assure you, that this is nothing new and if you only got these numbers today, I don't understand it. I had better than six months ago,. actually, what the revenue would he --what the loss of the revenue would be, rather, if the City Council chose to go this route. Plow, I have heard no objection as to the idea of the clubhouses paying the residential rates. All I have heard is, "we want numbers, we need numbers". You have the numbers. You have had the numbers. The numbers have been available. But if you want to take action, what are you waiting for? The idea is either wrong, or right. If you want to follow the route of the Public Service Commission, the ruling that the Florida Power and Light must charge residential rates for these clubhouses, I certainly think that the City Council is as big, maybe even bigger than the Public Service Commission. They are, they ruled it and I think that it behooves me to request that the City Council follow the same lead. Pass this Ordinance and I'm sure that you will receive the thanks and the blessings of the entire community. If there are any questions, I will be very happy to answer them. Mayor Falck -- Do you have a question? =SM 11/30/81 /pm C/W Massaro - Yes, I have a comment to make about the statement that Tor. Munitz just made. The ruling of the Public Service Commission really hasn't anything to do with this. Ray Munitz - Absolutely, correct. I agree with you. C/W Massaro - It has nothing to do with it. Because they ruled on the electric that will be used in the clubhouses. This is irrigation that will be in the individual homes. So that the ruling has nothing to do with this. Ray Munitz - I did not say that the ruling of the Public Service Commission in any way forced the City Council to its conclusion. I did not say that. C/W Massaro - I'm saying that what is happening here is different. Because the irrigation water is water that is not only used at the clubhouse itself. Ray Munitz - Well, I respectfully beg to disagree with you, Mrs. Massaro. There is no difference whatsoever. The clubhouses are paying now commercial rates for water and sewers. The public —may I speak? C/W Massaro - I wasn't asking for an answer from you. I'm just saying we don't have enough information on this. Irrespective of what you might have had in January, we didn't have it. It was sent to you because you asked for it and you got whatever you asked for. But, certainly I think we are entitled to know exactly what we are doing. We have indicated that we have no objection to this, it's just that we have to satisfy ourself that what we're doing is proper and being done in a... Ray Munitz - You have the opinion of your Finance Director where it would be roughly a loss of $10,000 in revenue which he said... C/W Massaro - We haven't had an opportunity to analyze it. Ray Plunitz - Well, you don't have to analyze a conclusion. A conclusion is a matter of fact. Mayor Falck - This is a public hearing, really and not a debate. And I think everybody has expressed their opinions. Unless somebody has a question specifically they want to raise with Mr. Munitz. Do you have a question you want to ask? O.K. V/M Disraelly - Yes. The figure that was just handed to us indicates that there will be a total loss in revenue of $25,000 not $10,000. 14r. Munitz - $25,000? V/M Disraelly - Yes, sir. Because we lose not only tJ:ie water, but there's a sewer loss of $15,000 in addition so it's a loss... 11r. Munitz - Just about a year ago, not a year ago, a week ago ... that figure was a maximum of $10,000 by Steven Wood. V/M Disraelly - Pardon me, again, we're not debating. We have a report here from Steven Wood which indicates $25,000 and it's dated Nover.ber 28th. So this was dated this morning ... today is what —the 30th... this was dated Saturday. Steve did it by hand apparently on Saturday. I haven't seen Steve because I found this on my desk this morning but there's $25,000 involved here. And, all I'm asking and all that I think Mrs. Massaro is asking, let us look at these and let us talk this over with Steve. C/W Massaro - That's right! Cam:= 11/30/81 /PM Mr. Munitz - Is this a copy of the report in front of you? V/M Disraelly - That's the one I have reference to. Mr. Munitz - Thank you. V/M Disraelly - So all we're asking, after the public hearing and listening to your reports and we're not opposed to this but I think that we're interested in what the total figure is because it's changed. Mr. Munitz - Let me then conclude my remarks, Mr. Mayor if you will, in this respect. Since we are all in agreement to the basic idea that we do feel it would be right for the clubhouses to pay residential rates let me take another tack. Pegardless of the amount of money of loss in revenue that it would mean to the City of Tamarac Water and Sewer Utility, what is right is right regardless of the loss of revenue. And if that would necessitate a reconstruction of all of the rates .. if it does —then maybe it's been long overdue. C/W Massaro - That's right! Mr. Munitz assume the negate the somehow or - Maybe that adds in but the mere fact that —well, let us loss is $50,000, $60,000 I don't really care. That doesn't idea that it is correct and as long as the idea is correct, other that idea must be accomplished. V/M Disraelly - Ray, I don't think anyone has opposed the idea. As far as I'm concerned, I want all the numbers. It might interest you, of course, to know that after FP & L granted the reduction to the clubhouses, they then put in a request for $156,000,000 to the PSC to compensate for some of those losses as well. Mr. Munitz - Irv, you're absolutely correct. And the same thing may very well happen here but that doesn't negate the fact that the idea was correct. This is what you've got.... V/M Disraelly - I'm not opposed to the idea. I just want to know what all the numbers are. Mayor Falck - Well, let's just go down the line. Alan, you're next. And we'll go down that way. Alan Bernstein - Thank you. I don't know, I always used to say I'm wearing this hat or that hat, I guess maybe I'll just say that I'm a private citizen now. Many of the things that have been discussed go without saying here. I'm sorry to see that there seems to be dissention when there is agreement. I wonder what would happen, as far as dissension is concerned, if there were no agreement. I think in,one way, Ray simplified the matter when he said we really have two problems. Should we charge residential rates to the clubhouses or shouldn't we? And having made the decision on that matter, if that matter necessitates a revision of the rate structure, then that's a separate matter. I would say from my own knowledge of the rate structure and the way it's worked, that it seems to me that a thorough examination of the rate structure is in order. There are inequities, there are questions of whether the whole basic theory is right or not on which that rate structure is based. But that's not the topic we're talking about now. When the time comes to discuss that rate structure, whatever shortfall of income may be caused by this decision, whether it's $10,000 or $25,000, it's one of the items that has to be taken into account in arriving at a reasonable rate structure which will take care of paying off our bond. I do think that on a basis of equity of what is right, the finding of the Public Service Commission would be areas that were entitled to residential electric rates. - 19 - 11/30/81 /pm The same thing should apply as far as water rates are concerned. I have one other personal consideration. I have a little bit of egg on my face. When I appeared before Commissioner Markham on behalf of the various clubhouses in the City of Tamarac, regarding the assessments and one of the statements I made to him was that these clubhouses have been recognized as being entitled to residential rates by power of the Public Service Commission that the City of Tamarac recognized that and were in the process of revising the rates and that there were certain tax, angle where they would also have been considered as being a residential. I find a little egg on my face because I made the statement in good faith, I thought that this had been enacted by the City Council way back along around the beginning of the year. And, I have a feeling that the Council will, in due time get me off the hook by changing the rates to residential. Thank you. Jack Stelzer - I'm the Secretary of the Tamarac President's Council. I'd like to read a letter that was sent to the Mayor on March 3: "Upon the motion duly carried unanimously, the Tamarac President's Council hereby requests that the Tamarac City Council agendize the matter of district water rates charged to condominium recreation facilities and for recreation facilities owned by various homeowner's associations in Tamarac. It would be appreciated if the writer were notified as to the day and time this matter could be discussed so that the Tamarac President's Council would have a representative attend this meeting. Thank you for your consideration. Signed, Bob Sokol, President". Now, I was under the impression that any mail that comes to any of the Council people would be read at a Council meeting. Now, this Council was notified back in March that the Tamarac President's Council was requesting that this water rate adjustment be agendized. We heard nothing from anyone as to whether it was agendized or not. And, on May 19th our committee had a meeting with the Playor and at this time it was again reiterated that the matter would be taken up. Now, why at this late date it should suddenly become a political football and people are requesting that additional time be given to study figures that would have been available back in March...I can not see that. Mayor Falck - Thank you. Irving... 1xv n4 Lopatey - RPnrPsentative of Lime Bay Condominiums. I'm to be the third speaker, part of what I'm going to say has been said by the previous speakers, but I'm speaking on a matter of principle. There are two facts that I'd like to call your attention to. And neither one of them has anything to do with whether this will result in a loss of revenue to the city or a gain of revenue because if you lose revenue on one hand you compensate in another. The Property Appraiser's office will be sending tax appraisals and tax bills for our recreation facilities not to any association. Butt's a share in the undivided share of the common elements will be adding it to our individual apartments. And the County recognizes that our recreation facilities in our condominium are part and parcel of our unit. The basis for it comes from State Condo- minium Statutes #718.110, which concerns itself with the purchase of recreation leases and enlargement of the common elements. And, it is a relatively short paragraph and if I may read it, I will read it: "The common elements designated by the declaration may be enlarged by an amendment to the declaration. The amendment must describe the interest in the property and must submit the property to the terns of the declar- ation. The amendment must be approved and executed as provided in this section. The amendment divests the association of title to the land and vests title in the unit owners as part of the common elements without naming them and without further conveyance in the same proportion as the undivided shares in the common elements that are of pertinence to the unit owned by them". I do know, in Lime Bay, the purchase of the recreation facilities in 1977 was taken fully in accordance with these statutes and as such, our recreation facilities are part of our apartments. - 20 - 11/30/81 /pm M M M Bernie Hart - My name is Bernie Hart, I'm a resident of Section 16 and Second Vice President of the President's Council. I have here something...I don't want to go into a lot of pages now because I thought it would be necessary to convince the Council that we were entitled to residential rates. But it seems that everybody agrees with that. The only point is, how much is it going to cost the city. Therefore, I want to quote something. Incidentally, this dates back to 1978, not 1979 with 84 filings. before we finally achieved what we were looking for. When we took this matter up, Florida Power and Light fought it all the way. And one of their main contentions were exactly as you ladies and gentlemen are saying... how much money is it going to cost us? Our contention at that time was that it doesn't make any difference how much it is going to cost you because what is morally right is morally right at the time. So I want to quote a paragraph from the hearing officer which sat as a judge for two days in the Broward County Courthouse and listened to our testimony and the testimony of witnesses that appeared. And in answer to Florida Power and Light's statement of "How much is it going to cost you?" If I may read this one paragraph: "The company witnesses had speculated with respect to the possible revenue shortfall exactly what you're saying.,which would result if the residential rate were applied to the commonly used facilities of homeowner's associations. However, such new impact is outside of the scope of a proceeding which is solely to ascertain whether discriminatory pract_i.cPs exist. The Public Service Commission based on the hearing office's decision and his order to the Public Service Commission agreed that discriminatory actions were taking place against the residents of a homeowner's association and, therefore, forthwith must be rectified". Ladies and gentlemen, this is the point! It is not a question of how much; he question is are we being discriminated against and as it has been stated here, since February this matter was considered and here do you realize how much money this is costing each and every homeowner within the city of Tamarac. I stood...I don't want to bring up other matters... but I stood right there in front of that sign about two months ago after a City Council meeting and I asked two of you Councilmen. I said I under- stood that our rates were going to be reduced...what has been done? Two Councilmen assured me "Don't worry, this has been passed". Here we find out months later it has never even been taken up. Just one other thing I want to mention. I have a letter here, February 8, 1978, in which the Department of Revenue of the State of Florida agreed that Homeowners' Association on the common facility was an extention of their homes and eliminated the 4% Sales Tax from the utility bills -- whether they be electric, oil or gas --from those bills that were rendered to clubhouses or Sections for their common facility because of the fact that it was residential in nature and this was also accepted by all utility companies because it was a ruling of the State Department of Revenue upon the request...my request... to Attorney General Shevin. I believe it is time for this matter to be taken up. Thank you. Mayor Falck - Anybody else from public want to speak on the subject? Yes, sir. _George Rice -- Mayor Falck, ladies and gentlemen of the Council, my name is George Rice and I live in Section 7 in Tamarac. At the present time, I'm the President of the P2ainlands Section 7 Maintenance Corp. We, in our clubhouse, in fact, we own our clubhouse. We have...it's a non-profit organization and all the members are volunteers ... I think all the Board are volunteers. We have 225 homes in our area of which 96% of them depend on the services that our Corporation can give them. In these services is the watering of the lawns. We have 12 meters for the purpose of just watering the lawns. We have no other way of doing it. We don't have canals in our area, we do not have lakes, we even looked into the possibility of having wells drilled. But the contractor cannot guarantee us that the water will not be rusty. - 21 - 11/30/81 /pm J George Rice - The cost of water in our area for the past three years, 1978/79 is $12,670.00, 1979/80 we paid $12,619.00 1980/81 we paid $10,994.00 and 7 months this year we paid $8,375.00. So. you can see the water is a big part of our maintenance program. I just want to let you know about the people in our area and I support the Resolution and I'd appreciate it if you gentlemen would consider it also. And I thank you very kindly. Mayor Falck - Thank you. Anybody else from public want to speak on the subject. C/W Massaro - Mayor! P2a or Falck - Yes, M'am. C/W Massaro - That's the point that I was bringing out. The gentleman said it had nothing to do with irrigation... Mayor Falck - I really think we ought to close the public hearing first before you...Anyone else from public want to speak on the subject? Close the public. Pdow... C/W Massaro - How many sections... now, I know because I spoke to Laura about this, I wanted to speak with the figures on irrigation... water is being used by the clubhouses for these individual sections. And what effect it would have on us. See, they are not only talking about the water for the clubhouse... they're talking about irrigation water for the sprinkling the lawns. And, this is exactly what Mr. Rice is just talking about. You look confused, Irving. C/M Zemel - I do. Because I don't know what you're saying. C/W Massaro - Well, see the Maintenance Corp. has the responsibility to sprinkle the lawns... C/PZ Zemel -- All the homes? C/W Massaro - All the homes! And, they have to use city water for that. Now, for instance, if I were to use my tap water or you use your tap water to sprinkle your lawn you have residential rates. What he is saying, and I think rightfully so, and that's one of the things that I was talking about, back in February that I was looking for figures on... that I haven't seen yet ... what does this mean to the city? You know, what does it mean in dollars and cents? These are the figures that I'm trying to get because this is what the people are asking for... those that have no ability to use canal water. We have no canal in Section 7. And there are other sections that have no canal so they don't have the ability to use it. And they are asking for something,which I think they are rightfully entitled to, and that's residential rates. Becuase if they didn't have a canal and they had to use the water from their...a hose bib outside... they'd be having residential rates, wouldn't they? C/M Zemel - I'm not sure that that's what you said earlier, Mrs. Massaro. C/W Massaro - It is! C/M Zemel - Now, I have been sitting here listening to all this because I don't have a sprinkler system, I don't have a canal and I water my lawn with my water and for the water I use for irrigation I also pay for waste. Now nobody is asking any differently than that. As long as you don't charge me commercial rates, I'm thrilled! C/W Massaro - But Section 7 are paying commercial rates. And I don't know who else is. C/M Zemel -- I say they shouldn't be! MMOM 11/30/81 /pm I C/W Massaro - Well, I say the same thing but we haven't that information. What does it mean to us? How does it effect our rate structure? This is why I said in the beginning that we need to review this. And, Mr. Mayor, unless there is more discussion here... Mayor Falck - There's more discussion. C/W Massaro - O.K. Alright, I'm sorry. Mayor Falck -- I'd like to make a few observations. First, I'm appalled at the comment that this has not been taken up. It has been taken up. Taken up by Council on a number of occasions. Mr. Munitz reciteda couple of instances...I can't recall exactly the date ... but I'm sure my file would justify what I,am stating to you ... Council instructed the Mayor to meet with the committee of people... the Mayor did meet with those people. C/M Kravitz came on the scene. C/M Kravitz was interested and he asked if he could have my file. I don't have a copy of my memo because I hand wrote a memo to you, C/M Kravitz, you received that information from me and I understand that since that time you have had meetings with people who are ... I assume are still in here... at least you have had the meetings. At one time, it was indicated to Council that the time to consider the revision in the rates was at the time the 1982 Fiscal Year Budget was prepared for the utility to determine the amount of income from water and water rates. The initial figures that were released did as Mr. R'Muni.tz indicated , state a total loss of revenue of somewhere in the neighborhood of $10,000. Now, these figures which I saw today for the first time, as everybody else has indicated here, indicates a loss of $25,000. A statement has been made from several different sources and that is to the effect that what's right, is what's right. I think that also relates to the commercial people. If I understand the rates structure correctly, and I think I do, we have two sets of rates. We have a set of rates for commercial users, we have a set of rates for residential users. Now, if we're going to take from the commercial classification certain revenues then those revenues are going to need to be made up some way. How, I don't know and that's one of the reasons I'm interested in pursuing it. Because I want to know if the $25,000 is going to come out of there...does that mean that we're gonna need a bond issue and everything else involved... does that mean that we're gonna have to modify again the commercial rates ... which I understand we did here not too long ago. We certainly had public hearings on it indicating that we were raising the rates. The question of the irrigation has come up...I,too, am not against the proposal. All I'm saying is that I think that we need to get the things straightened around to a place where everybody in here understands what is taking place and I don't think we understand that. That's my own feeling on it. V/M Disraelly - Mr. Mayor. I'd like to make one other comment based on these figures that I've seen today for the first time for example. There's some 2" water and sewer changes to be made and the Ordinance does not address 2" single family residential or homeowner association recreation with a 2" meter. Now... C/W Massaro - I don't think that it addressed the irrigation for the homes either. V/M Disraelly - I'm not sure what it addressed. I'm not sure what it addressed. This addresses... yes, the new one says "single family residential and homeowner association.recreational irrigation". C/W Massaro - It does say that? V/M Disraelly - It does say that. However, there's a 2" meter on here. On this report that is not in the rate structure. Now, I can have some- thing proposed to us with the loss of $6,000 that isn't even in the Ordinance. So the Ordinance is improper at this particular moment. And, Mr. Mayor, I would MOVE that until it's all clarified, that this item be TABLED for consideration by at least the second regular meeting succeeding. - 23 - 11/30/81 /pm C/w Massaro - I would SECOND that Motion. Mayor Falck - We have a motion, we have a SECOND, call the question please. Carol Evans - C/11 Kravitz - Nay C/M Zemel - Nay C/11 Massaro - Aye V/M Disraelly - Aye Mayor Falck - Aye Mayor Falck - You will be notified when it's going to come up, there will be no public hearing on it. we've already held the public hearing. What I think Council intends$to do is to get it's act in order so that we can take the action we feel needs to be taken and I think we've indicated here all across the board that that's what we're interested in doing. We need to get it straightened around. Jack Stelzer - I can't understand why sewer rates should be charged for irrigation water. Now, when you sprinkle the lawn you're not using the city facilities for sewers, you're not paying anything on waste. The water goes into the ground now why charge for sewers? We have the same thing with swimming pools. half of the swimming pools that are near canals empty into the canals and they do not use the sewer now why should the sewer charges be put on the ... Helen, your particular section, Section 7 you said pays sewer rates and water rates for irrigation water. C/W Massaro -- The water from the pool goes right down the drain. Jack Stelzer - Irrigation... You spoke about irrigation. Mr. Rice talked about irrigation, and you said that your »aging sewer rates for irrigation water and I can't see why that should be. V/M Disraelly - The response is very simple. And it was brought up at several meetings here. If you want to put on a separate irrigation meter, you do not pay for sewer. However, as C/M Zemel says he takes his off his tap water and if he runs his tap water to water his lawn he pays for water and sewer ... we can't break it down. However,... Jack Stelzer - I'm not talking about individuals, Irving. V/M Disraelly - However, if he wants to nut a separate meter on for his irrigation he can and he'll have two meters. On one of them he'll pay water and sewer and the other he'll pay water only. And if he had them very simply... C/M Zemel - There's only one thing wrong, the cost of installation. V/M Disraelly I just said it's possible. C/M Zemel - Yeah. C/W Massaro - We have separate meters... Jack Stelzer - Section 7 says they have twelve meters for irrigation. Why should they be charged sewers? V/A? Disraelly - You'll have to check Mr. Rice for that. Mr. Rice will have to respond as to what type of meter he has. George Rice - Actually, we have twelve meters but the irrigation is not charged for sewer at all. We are just charged for water. V/M Disraelly -- You just pay for water. I don't think Mr. Stelzer heard your answer. Mayor Falck - Jack, did you hear what he said? Jack Stelzer - I heard —he wasn't charged. Mavor Falck - O.K. - 24 - 11/30/81 /pm V/M Disraelly - What Mr. Rice is saying, if I'm correct... the twelve meters are irrigation meters only and he pays for water. C/M Zemel - No, o.k. now...I know what he said. we're gonna talk alot about this in the next week or so. Mayor Falck - Next item. 16. Parking Lot Lighting Standards - Tem . Ord. 0860 - Discussion and Possible Action to amend Sections 18 and 28 of the Code by modifying requirements for shading, screening and aiming of such lights. Second Reading. SYNOPSIS OF ACTION: Adopted on r , Second Reading as Amended. ` ORDINANCE NO.L�_ 3 V/M Disraelly read the Ordinance by title. Mayor Falck opened the public hearing. No one responded and this was closed. Attorney Birken pointed out that there was a typographical error on Line 17, it should be "18-3.1" instead of "18.3.1". APE V/M Disraelly questioned Mr. Birken concerning the language of 1/4' 5 candle for the dark areas, here they talk about a spill -over of 1' candle. That is a greater spill -over than the dark areas of the parking lot. A greater spill -over is permitted. Attorney Birken answered that this is the standard that Dade County has adopted for spill -over. It's based upon, as the attorney understands it, a good deal of study by professional engineers on this. The 1/4' is the average. This is a minimum not a maximum. V/M Disraelly said the city only requires 6' candles as the maximum. C/W Massaro said if the city allows this spill -over, there will certainly be adequate lighting within the area. Both V/M Disraelly and C/W Massaro agreed that this Ordinance was better. C/W Massaro MOVED the ADOPTI014 of Temp. Ord. #860 as amended. SECONDED by V/M Disraelly. VOTE: ALL VOTED AYE 17. Master Land Use Plan - Tem . Ord. #927 - Discussion and Possible Action to amend Code Section 2-1 relating to adoption of the Land Use Plan. Second Reading. SYNOPSIS OF ACTION: Approved on Second Reading. ORDI14AT.ICE 140. 6, 7 Attorney Birken read the Ordinance by title. Mayor Falck opened the public hearing and after there was no response, he closed this portion of the meeting. V/M Disraelly MOVED the APPROVAL of Temp. Ord. #927 on the Second and Final Reading. SECONDED by C/W Massaro. VOTE: ALL VOTED AYE 18. Woodmont Plaza - Petition #21-Z-81 - Discussion and Possible Action to grant a limited waiver to parking requirements of Section 18 of the City Code for a shopping center located at the northeast corner of NW 80 Ave. and McNab Rd., Tamarac, by Temp. Reso. #2099. - 25 - 11/30/81 /pm SYNOPSIS OF ACTIO14: Approved RESOLUTION NO. R Ol aPASSED. with conditions. Attorney Birken read the Resolution by title. Mayor Falck opened the public hearing. Barry Eden spoke to the Council stating that this matter was approved by the Planning Commission. Fie said that the Ordinance does require that a situation not be self-imposed. Fie said that the property is zoned B-6 which permits a residential and a commercial use. The intent of this zoning is to permit this mix of residential and commercial. Fie said it is very difficult for the average person to read the zoning laws of the City and then discover that you cannot use your land as permitted by the zoning. Thq Master Land Use Plan has no residential units available for the B-6 zoning; therefore, the builder is precluded from using the property for any residential use. The developer did not create this situation. Mr. Eden said that they are requesting in this petition to have a mezzanine built for the Commonwealth Savings and Loan Assoc. branch. The mezzanine would be 1,550 sq. ft. Ile said the most important point brought out by the Planning Commission was that this space will not be available for the general public. Mr. Eden introduced Mr. Jack Tobin who represents Commonwealth Savings to the Council and asked him to state for the record that this space for a fifteen year term will not be used for the general public. There will be no impact on parking in the shopping center. It will be used as a mortgage processing and storage area and all employees will be parking in the back of the shopping center and at no time will public have access to the mezzanine. The Commonwealth Savings has a fifteen year lease that they have executed, they are paying for the cost of the mezzanine and it is rent free. C/W Massaro asked',if this would require more parking. Mr. Tobin said the employees park in the back so there would not be any more or less employees whether or not there is a mezzanine. V/M Disraelly expressed his concern about the employees parking there all day. Fie said he is concerned about granting waivers for brand new shopping centers before they are even open. He said that the B--6 zoning is purely a means of prohibiting certain types of endeavors as well, in other words, no retail. Mr. Eden explained that if the mezzanine were used for residential purpose, which would be approximately 900 square feet, they would need only 1--1/2 or 2 parking spaces because the residential requires less parking. They are precluded and can not do this because they do not have the available units for residential. Therefore, it must be classified as commercial which requires a higher amount of parking. C/W Massaro asked Mr. Eden if this was not discussed when the plans were going through and the mezzanine was eliminated. Mr. Eden said that originally the site plan was taken out on the premise that if it were needed at a future date they would come in at that time. There were other bays in a similar situation. Mr. Eden said that without the mezzanine the total look of the building might be destroyed. V/M Disraelly said he understood what Mr. Eden was referring to but explained that there is a parking ordinance on the books and this is a brand new shopping center and he feels that a limited waiver should not be granted. If it were, and there is no hardship, then the parking regulations in the city are worth nothing. Mr. Eden said that certain ordinances do not allow for waivers but this one does. Fie said the person who owns property zoned B-6 in the City of Tamarac is at a substantial detriment. - 26 - 11/30/81 /pm Mayor Falck closed the public hearing. C/W Massaro said she would like to see the bank go in there but she is disturbed by the other two bays that are 30' high. She said that she would only do it with very strong notice to Mr. Eden that there will not be any more waivers. She asked P1r. Eden if the bank would go in there if this were not granted. Mr. Eden answered that it is on the record and he will not come in for another waiver. The bank is obligated to come in with or without the waiver. C/M Zemel said that based on the assurances he has heard from both Mr. Eden and Mayor Tobin, he MOVED the APPROVAL of Temp. Reso. #2099 granting a limited waiver ofparking for Woodmont Plaza. C/W Massaro said she would like to add the following: "the waiver granted would allow the mezzanine area of the bay leased to Commonwealth Savings and Loan,1,550 sq. ft., to be used for back office space and not open to the public without the requirement of adding to the 103 parking spaces. Provided that the owner of the shopping center agree that there be no further applications for parking .waivers in the shopping center" CAA Massarb SECONDED the Motion. V/M Disraelly said that he still feels that the parking ordinance in the city should be upheld and waivers should not be granted without hardships. VOTE: C/M Kravitz AYE C/M Zemel AYE. C/W Massaro AYE V/M Disraelly NAY. Mayor Falck AYE 19. Tamway/Graystone Corp. -- Rezoning Petition ##23-Z-81 Discussion and Possible Action to rezone the recreation parcel at Fairways III located at the southeast corner of Lagos de Campo Blvd. and NW 84 Terr., from,R-4A to S-1, by Temp. Ord. ##940. First Reading. a) Acceptance of Affidavit of Publication, Affidavit of Posting and Affidavit of Mailing b) Consideration of Application SYNOPSIS OF ACTION: a) Accepted Affidavits of Posting, Mailing and Publication, b) Approved with condition. Attorney Birken read the Ordinance by title. a) C/W Massaro MOVED the ACCEPTANCE of the Affidavit of Publication, Affidavit of Posting and the Affidavit of Mailing. SECONDED by V/M Disraelly. VOTE: ALL VOTED AYE b) Richard Rubin said this has passed the Planning Commission with recommendation for approval. Mayor Falck opened the public hearing. After no response, this portion was closed. V/M Disraelly MOVED the APPROVAL with the conditions that the sign that is on the side of the trailer be removed within 30 days unless application is made for the Beautification Committee for it's approval. SECONDED by C/W Massaro. VOTE: ALL VOTED AYE - 27 - 11/30/81 /pm 20. II.L.R.,Inc. -- Rezonin Petition #47-Z-80 - Discussion and Possible Action to rezone lands located south of McNab Rd. at 14W 70 Ave. from R-lB to R11-10, by Temp. Ord. #834. Second Reading. (tabled from 10/28/81). a) Acceptance of Affidavit of Publication and Affidavit of Posting. b) Consideration of Application SYNOPSIS OF ACTION: a)Affidavits of Publication and Posting Accepted, b) Tabled. until first meeting in January Attorney Birken read the Ordinance by title. s Richard Rubin read a letter from the Harlon Group requesting this item be tabled until the December 9 meeting. Mayor Falck opened the public hearing. Julian Bryan addressed the Council stating that there was a second letter sent that asked that this item be tabled beyond December 9 and be continued to the first meeting in January. PZayor Falck said he will open the public hearing, after the public has had an opportunity to speak the chair will close the public hearing and Council can, if they so desire, PROVE to TABLE until the first meetinct in January. This was agreed upon by all Council. Saul Mesenaer spoke next. He questioned whether a site plan must be filed on the request for reserve units. Attorney Birken said this is not correct. Mr. Mesencrer questioned whether 192 units are planned to be built. He said they would like to pin down things like adult community, and the location of some of the buildings that abut onto the waterway. V/M Disraelly said this will appear on the Site Plan. There will be an agreement where there is 100' to the east and where there will be 60' from the water to the north and the area that is deliniated for recreation and the fourth area is that which is pertaining to the two-story dwelling. There is 100' on the east from the waterway with only one-story. Then on the south there is a 60' buffer.,that will have no residents within this 60' buffer., and the rest of it wi_.l be not more than two -stories. Julian Bryan explained that Exhibit 44 is simply a site plan that is a response to the exhibit that was just utilized by V/M Disraelly. This is conceptually what can be done. It has 198 units. This is simply an exhibit and is not binding on the city but it speaks to all the various setbacks and agreements that have been reached in the other exhibit document. That document indicates 200 units maximum and the ultimate site plan will, hopefully, include all 200 units. 'APE Pearl Scharf of Vanguard Village spoke next. She asked why the builder 6 would want to ruin the feeling of the entire unit there by adding on two just to make it two hundred? Every other one is a group of 6 and this would be 8. Mr. Bryan said they might not put it in. Ms. Scharf asked why 397 parking spaces are assigned to that size of a unit. Mr. Bryan answered that the city ordinance requires 1.75 for a 2 bedroom apartment and that is what 660 of these units are anticipated to be. There is a 10% guest parking requirement added plus a handicapped parking requirement. Richard Rubin brought out that the site plan that is being reviewed is a purely illustrative drawing submitted for Council's review in order to help assist in determining whether Council should allocate 100 units at this applicant's request to the project and then rezone the property accordingly. For the record, that site plan has not been reviewed by staff or Council to determine it's conformance to the city's zoning ordinances, setback, parking, etc. This is not a final Site Plan. - 28 - 11/30/81 /pm Mayor Falck closed the public hearing. a)V/M Disraelly MOVED the ACCEPTANCE of the Affidavit of Publication and the Affidavit -of Posting. SECONDED by C/W Massaro. VOTE: ALL VOTED AYE b) Vice Mayor Disraelly MOVED that Petition #47-Z-80 be TABLED until the first meeting in January. SECONDED by C/W Massaro. VOTE: ALL VOTED AYE 21. H.L.R.,Inc. - Rezoning Petition #48-Z-80 - Discussion and Possible Action to rezone lands located south of McNab Rd. at NW 70 Ave. from R-IB to R14-10. by Temp. Ord. #835. Second Reading. (tabled from 10/28/81). a) Acceptance of Affidavit of Publication, and Affidavit of Posting b) Consideration of Application. SYNOPSIS OF ACTION: a) Affidavits of Publication and Posting Accepted, b) Tabled until first meeting in January Attorney Birken read the Ordinance by title. Mayor Falck opened the public hearing and after no response, the public hearing was closed. a) C/W Massaro P40VED the ACCEPTANCE of the Affidavit of Publication and the Affidavit of Posting. VIM Disraelly SECONDED the Motion. VOTE: ALL VOTED AYE b) C/W Massaro MOVED to TABLE this item to the first meeting in January. SECONDED by V/M Disraelly. VOTE: ALL VOTED AYE 22. Shell Oil Company - Land Use Amendment - Petition #1-RU-81 Temp?. Ord._#930 - Discussion and Possible Action on a request to amend the Land Use Element of the Tamarac Comprehensive Plan, in order to increase the density from 100 units to a maximum of 200 units, by transferring 100 existing reserved units allocated to Flexibility Zone 60 and changing the land use from Low Density (0-5 dwelling units per acre) Residential. The subject lands are described as Parcel A of Mainlands 15, and are bounded on the east by the eastern boundary of the City, on the west and south by Vanguard Village Section 15. North property line lies approximately 270 feet south of McNab Rd. First Reading. .a) Acceptance of Affidavit of Publication, Affidavit of Posting and Affidavit of Mailing. b) Consideration of Application. SYNOPSIS OF ACTION: Public hearing on this will be continued to the December 9 meeting. Attorney Birken read the Ordinance by title and Mayor Falck opened the public hearing. The City Attorney said this item will have to go through two readings if the second reading is to coincide with the second reading on the rezone. The Council can take action on the First Reading either today or December 9th or December 28th. C/W Massaro suggested that the First Reading take place in December. Richard Rubin gave a brief presentation. Mayor Falck closed the public hearing. - 29 - 11/30/81 /pm C/W Massaro suggested that this was the improper time to go into this fully. The Mayor indicated that there will be another notice in the paper although it is not a requirement. V/M Disraelly MOVED that the public hearing be continued until the December 9 meeting. SECONDED by C/W Massaro. VOTE: ALL VOTED AYE 13. Charter Amendment - Temp. Ord. #934 - Discussion and Possible Action to amend Section 7.11 of the City Charter by modifying requirements for public bidding, as proposed by the Charter Board. Second. Reading. SYNOPSIS OF ACTION: Approved. s Attorney Birken read the Ordinance by title and Mayor Falck opened the public hearing. Melanie Reynolds addressed the Council stating that the Charter Board did not take into consideration that the insurance has only been raised from 3,000 to 5,000. Attorney Birken said that this Ordinance cleans out language .in Section 7.11 by modifying what needs to go to bid from what is in the Charter at the present time and it broadens it somewhat. V/M Disraelly said that as he reads it this is for the purchase of capital equipment approved in construction contracts, that is all that is included. Attorney Birken answered that this is correct. He said that insurance is -�-ot required to be bid under this proposed language. The public hearing was closed. V/M Disraelly MOVED the APPROVAL of Temp. Ord. 4934. SECONDED by C/W Massaro. VOTE: ALL VOTED AYE 14. Charter Amendment - Temp. Ord. #936 - Discussion and Possible Action to amend Sections 6.02 and 8.01 of the City Charter by modifying requirements for the qualification and election of Charter Board members and the filling of vacancies and by providing a method of filling of extraordinary vacancies, as proposed by the Charter Board. First Reading. SYNOPSIS OF ACTION: Approved. Attorney Birken read the Ordinance by its title. Mayor Falck opened the public hearing. The City Attorney said he sent Council a memo on September 25 suggesting some additional language to clarify what would happen with the incumbent members of the Charter Board if, in fact, the Ordinance the valid question be disapproved by the voters. V/M Disraelly said that the memo, in effect says that anyone who is elected this year will finish and run through 1983 because this will not take effect until 1983 anyway. This will be an additional paragraph on Line 23, after the word "city", Page 2. Jack Stelzer asked if it would be possible for the Resolution to be read. C/W Massaro said he could take her copy and read it if he wished. Mr. Stelzer said the public should read it. The Attorney said it is posted on the bulletin board for public viewing. V/17 Disraelly read: " The Charter Board will have four members .residing in Districts the same as the Council and one member running at large. If one replacement is needed it will be by the Board from the same District. If more than three or more members then the Governor will make the appointments, the same as the Council. Melanie Reynolds said she had communication from the Governor in which it has been stated that he does not have anything to do with the Charter Board, that it is a municipal organization. Secondly, this is very awkward and will be very difficult to carry out. - 30 -- 11/30/81 /pm Ms. Reynolds continued, thirdly, in 1975 when the Charter Revision Commission talked about the 1971 Charter, they stated that that Charter was written for a population of 5,000 and, therefore, it was no good for Tamarac. The number of people on the Charter Board is regulated by population. If you have more than 20,000 population you should have 15 members of the Charter Board. Attorney Birken said then on checking the books he found that Ms. Reynold's is referring to a Statute that was repealed 10 years ago. It is absolutely of no force and effect today. On the question of the Governor's appointments, the language is written the same manner the Charter is written for City Council members and it states that the Governor will be requested to make an appointment. He cannot be compelled to make that appointment. Jack Stelzer spoke next stating the difficulty in getting people to run for offices in homeowner's associations: He said that he is afraid that by limiting the Charter Board people to come from any particular district this will make it more difficult. Most of the new people coming in are coming west of University Dr. There is a large reserve of possible people who would be good in government. Up until now the Charter Board people have come from anywhere in the city. If the districts are the same as for Council, the biggest supply of new people will be in the fourth district. They will not be able to run -in any of the other districts for the Charter Board. Things will become stagnant because the turnover of residents east of University is not substantial. Virginia Taylor, Chairman of the Charter Board said, at present, there is one person from each of the districts and an extra one from the fourth district. The At -Large position allows for.two people if they want two in the larger districts. This was brought up very definitely when the Charter Board had their workshop meetings in the area east of the turnpike. They were worried that there would be no representation. The amendment was placed because the original amendment, as written, required that people run in a group; one group, instead of several groups. V/M Disraelly said that with the growth in the west redistricting, which would take place in 1982 will also shift this so that the fourth district will become much smaller than it is now and all the other districts will have to move westward. Mayor Falck said the changes to the Charter Board were a part of the total Charter which was adopted in 1976. Mayor Falck closed the public hearing. C/W Massaro MOVED the ADOPTION of Temp. Ord. #936 on First Reading with the amendment proposed by Mr. Birken to be added on Page 2 at the end of Line 23. SECONDED by V/M Disraelly. C/M Zemel addressed the City Attorney concerning on Page 2, Line 22, add "only" before"as long ". VOTE: C/M Kravitz PLAY C/M Zemel AYE C/W Massaro AYE V/M Disraelly AYE Playor Falck AYE The Second and Final Reading will be on December 28th. 34. Tamarac Plaza - (6666 NW 57 St.) -- Revised Site Plan - Dis- cussion and Possible 1-.ction on a Revised Site Plan for dumpster and extra parking spaces. SYNOPSIS OF ACTION: Approved with conditions. (See pages 9, 10, 32 & 33) . - 31 - 11/30/81 /pm Richard Rubin said this item was tabled to allow Mr. Abel to bring some information to the Council regarding payment of the water fee. He was able to give to the City Planner copies of the check that was paid to the City of Tamarac dated October 29, 1981 which was stamped by Summit Bank on November 3,',1981 stating that he had paid $256.80 on Invoice #1631. Therefore, everything else has been done as requested. 1. Building Dept. requests a letter from the sanitation company that there .is sufficient amount of pickup in the new trash enclosure in order not to overburden the one present dumpster. V/M Disraelly pointed out that City Ordinances require daily pickup where there are restaurants or del�catesens. Mr. Abel was not aware of this. 2. His drawing does show the sprinkler system but this must be "rust free" by City Code. 3. There were several pallets being stored outside, Mr. Shapiro's attorney delivered letters to Deli Warehouse, Mandarin House, and copies of these letters will be given to Council. Mr. Abel said the enforcement officer should go up there and enforce this. 4. Provide copy of paid receipt to Chinese Restaurant. 5. Due to the placement of the dumpsters, the parking on the northwest TAPI 7 corner would only be "one way". There must be proper signs noting this. Mr. Abel said they will put the two arrows that.are included in the bid for the painting contractor when the dumpster on Commercial Boulevard is removed ---probably this week or next week at the latest. erne City Planner asked Mr. Abel to go to the board and initial by the words "sprinklers" and the "arrows". Mr. Rubin said one other item that was brought to their attention was that the Building Dept. made an inspection on June 3 on the lighting in the parking lot according to the new ordinance and notified Mr. Abel that the parking lot lighting was deficient and required to be upgraded. Mr. Abel and the City Planner met with Mr. Kiley for clarification of the deficiency and he stated it is in front of L'Hostaria Restaurant. This could be caused by a tree blocking the light. Mr. Abel has agreed to trim all the trees. The City Planner said in the original Resolution, L'Hostaria was allowed 30 days to submit a building permit application and it was found out that morning that the application did come in within the 30 days. IIowevcarr there were technical deficiencies on the drawing and the Electrical and Plumbing Department require the drawings to be taken back and redrawn. The owner of the Restaurant called and said he would have the drawings back within 2 days. If Council approves this Revised Site Plan, the City Planner asked for directions to be given to staff whether to extend the 30 day period. C/W Massaro questioned whether there would be sidewalks on 57th St. V/M Disraelly confirmed that they are not in the Revised Site Plan and C/W Massaro said they should be in there. It should be on 66th Terr. as well. She suggested that there be a sidewalk and asked Mr. Abel if he would put these in. C/W Massaro MOVED that Council require a sidewalk in there. V/M Disraelly asked Mr. Abel when all of this would be completed. Mr. Abel answered that the sprinkler system just discussed came to them on the 19th of November. V/11 Disraelly said that apparently the dumpster on 57th St. will not have to be enlarged. An expanded size of the new dn.mnst;Pr wi_ 1.1_ not ha.zrP to be shown.. - 32 - 11/30/81 /pm C/W Massaro asked how long it will take L'Hostaria's work to be completed. Mr. Abel said he has no idea. He said he spoke to the owner of L'Hostaria on the phone and he was not even aware that his plan had been denied. VIM Disraelly said this was not true because he spoke to them 2 weeks ago, someone who had prepared the plans called up and they knew that there was a problem with the electrical. C/W Massaro asked how long it would take to get the sidewalks in. She said this would have to be bonded for 6 months. The City Engineer would know how much this would be for. The approximate bond cost would be $5,000. V/M Disraelly P40VED to APPROVE the Revised Site Plan subject to a requirement from the Sanitatyon Companythat there shall be daily pickup from the dumpster for the two restaurants and the delicatesen. That the sprinkler system to be installed must be rust free, submit to the city a copy of a letter directed to the Delicatesen and the Mandarin House Restaurant that they are not to store pallets outside their place. Extend the time element for L'Hostaria to pull the permit to December 15 and to post a bond covering the cost of a 4' concrete sidewalk in the right-of- way to be installed on 66th Terr. and 57th St.. The sidewalk is to be completed within 6 months, and the bond is received in the next 30 days. The lights are to be in conformance with the Code 18-3.1. The site plan will show that the sign at 57th St. has been eliminated and a new sign shows on the site plan at the southeast corner of the property. A "Do Not '7nter" Sign at the parking space currently marked #69. SECONDED by C/W Ma s Ga,rn .. Mr. Abel initialed everything On the Revised Site Plan. C/M Kravitz asked whether sidewalks are a requirement in the code; He said before he votes on it he would like to know whether or not it is a requirement or something the Council is asking them to do. The City Attorney answered that Section 23-18 of the City Code does have the power to compel sidewalks under several codes. Ile read Section 23-18; therefore, Mr. Abel is agreeing to put sidewalks in and the City has the power to compel this. VOTE: ALL VOTED AYE 40. Woodmont Plaza (northeast corner of NW 80 Ave.and McNab Rd.) Discussion and Possible Action on an amendment to the Water and Sewer Developers Agreement for this project. SYNOPSIS OF ACTION: Tabled Attorney Birken said that essentially this is a simple item that Mr. Eden wants to amend the existing agreement and Mr. Birken recommended the Council's Approval. V/M Disraelly MOVED to TABLE this. SECONDED by C/LV Massaro. Mayor Falck said he would wait on this pending a phone call to Mr. Eden. (See Page 34) 38. Lakewood (Woodmont Tract 47) Model Sales Facility - Discussion and Possible Action to permit a model sales facility for this project. SYNOPSIS OF ACTION: Approved with conditions. Richard Rubin said the staff has reviewed the applicant's application and has a few things to be put as conditions in the Motion. - -33 - 11/30/81 /pm Mr. Bryan initialed the site plan. V/M Disraelly said the Council has a letter in their files indicating that someone has already bought Lot 76. This is adjacent to one of the models. V/M Disraelly MOVED the APPROVAL of the Site Plan for the Model Sales with the installation of temporary sidewalk from parking lot to all models, installation of proper signs protecting potential buyers from cars while crossing entrance road. That no building permits will be requested for Lots 2, 67, 68 and 69. SECONDED by C/W Massaro. VOTE: ALL VOTED AYE 40. Woodmont Plaza (northeast corner of NW 80 Ave. and McNabRd.) Discussion and Possible Action on an amendment to the Water and Sewer Developers Agreement for this project. SYNOPSIS OF ACTION: Tabled (See Page 33) Since they could not get in touch with Mr. Eden, V/M Disraelly MOVED to TABLE this item. SECONDED by C/W Massaro. VOTE: ALL VOTED AYE 36. McNab Plaza North (north of Family Mart on University Dr.) Discussion and Possible Action on a Revised Site Plan for new deceleration lanes and a request for elimination of automatic fire sprinkler systems in buildings. SYNOPSIS OF ACTION: Approved with conditions. Richard Rubin said that Council has a memo before them dated November 18 that lists six specific items that are being changed on the site plan with staff comments on each one. TAPE V/14 Disraelly MOVED the APPROVAL of the Revised Site Plan with the 8 following conditions: the installation of four additional "Stop" signs. The city will permit the elimination of automatic fire spinkler system in the building providing that the building meets the South Florida Fire Building Code. That the request to reduce the quantity of parking lights is subject to verification of meeting the standards with the City Ordinance by the Chief Building Official. That the Swale area be installed at the southwest corner where future shops will be built on a temporary basis until building takes place at that location subject to the City Engineer's approval. That 1014" spaces measured along center line of the parking bays installed. That the City receive revised cost estimates if not already reflected. If the deceleration lanes effect any catchbasins or public improvements that they are relocated by the developer. SECONDED by C/W Massaro. VOTE: ALL VOTED AYE 37. Lake Colony/Brookwoo.d Gardens (McNab Road east of Family Mart) PZodel Sales Facility - Discussion and Possible Action to permit a model sales facility for this project. SYNOPSIS OF ACTION: Approved with conditions. Richard Rubin gave a presentation of this item. V/P1 Disraelly MOVED to ACCEPT the Model Sales Facility with the beautification as submitted on a separate plan and that the city waive the 300 foot requirement for all buildings except no permits for construction are to be pulled for Bldgs. 30, 31 or 32 until the models have been discontinued. - 34 - 11/30/81 /pm SECO14DED by C/W Massaro. VOTE: ALL VOTED AYE The meeting was adjourned at 5:20 P.M. PIUYOR ATTEST: ASSISTANT CITY CLERK This public document was promulgated at a cost of $ vZ 6 9, Z,6, or $/p 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. - 35 - 11/30/81 /pm APPROVED BY C0UNCIL. 0id 7 d.;2-