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HomeMy WebLinkAbout1986-01-02 - City Commission Regular Meeting Minutesr4 v n ORI'D P.O. BOX 25010 TAMARAC, FLORIDA 33320 FIRST CLASS MAI CITY OF TAMARAC CITY COUNCIL REGULAR COUNCIL MEETING THUR$DAY, JANUARY 2, 12EE (RECESSED FROM THUR DAY DECEMBER 26,_1985�) Due to the Christmas holidays, the Regular City Council meeting will be opened at 9:00 A.M. on Thursday, December 26, 1985, and is expected to be immediately recessed to 9:00 A.M., Thursday, January 2, 1986. CALL TO ORDER: 9:00 A.M. ANNOUNCEMENTS OF TIME ALLQGATIONS - M TIONS TO TA LE - The Chair at this time will announce those items which have been given a specific time to be heard, and will entertain motions from Council members to table those items which require research. Council may agendize by majority consent matters of n urgent nature which have come to Council's attention after ublication. PRESENTATIQN5 AND AWARDS 1. Employee Service Awards - Presentation by Acting City Manager Perretti of five-year pins to Ed Crupar, Fire Department, and Vince Sciacca, Public Works Department, 2. Spinal Health - Presentation of a proclamation by Mayor Kravitz designating January, 1986, as "Spinal Health Month". 3. National Volunteer Blood_Donors - Presentation of a proclamation by Mayor Kravitz designating January, 1986, as "National Volunteer Blood Donor Month". CONSENT AGENDA 1/2/86 pg. 4, awards were presented 1/2/86 pg.4 pros. made, 1/2/86 pg. 3 proc. made. 4. Items listed under Item #4, Consent Agenda, are viewed to 1/2/86 pg. 5 be routine and the recommendation will be enacted by ong APPROVED a) motion in the form listed below. If discussion is through e) desired, then the item(s) will be removed from the Consent Agenda and will be considered separately. a) Minutes of 11/13/85 - Regular Meeting -- Approval recommended by City Clerk. b) Minutes of 12/4/85 - Special Meeting/Public Hearing - Approval recommended by City Clerk. c) Minutes of 12/10/85 - Special Meeting - Approval recommended by City Clerk. PAGE 1 1/2/86 d) Robert B. Dunckel - Special Counsel to Charter Board - 12/9/85 - $465.00 - Approval recommended by Charter Board. e) Authorization for a Cookie Sale by the Broward County Girl Scout Council 1/31/86 to 2/12/86 and waiver of Chapter 22 of the Code governing "Solicitors and Canvassing". GBNEEU-PLDMINISTRATIV-E/FINANCIAL 5. Confidential, -Supervisory and Manage-rial Employ_e-es - Discussion and possible action to authorize extending the benefit package for one month. 6. Tamarac Veterans Park _(Cy_press__gxeek _CgMMons - Discussion and possible action to authorize the execution of an Agreement with the State Department of Natural Resources in connection with a grant received by the City for asphalt parking lot area and entrances and two security gates to entrances/exits. 7. Pines of Woodmont - Tract 55 - Discussion and possible action on a request from this Association for City assist- ance regarding drainage problems of certain unit owners (tabled from 11/27/85) 8. Drainage Study_ - Discussion and possible action to authorize Williams, Hatfield & Stoner to evaluate the existing drainage on University Drive between McNab Road and NW 82 Street and in certain areas within Sunflower/Heathgate. 9. City Code Drainage Requirements - Discussion and pos- sible action to authorize Williams, Hatfield & Stoner to review and evaluate Article IV of Chapter 24 of the Code concerning drainage. 10. Broward League of Citi-es Business - Discussion and possible action. 11. Northwest Council of Mayors Business - Discussion and possible action. TAMARAC UTILITIES 12. Ukilitips East and West Pro' c s 4-21 and 85-4 - Pump Station Reconstruction -- Discussion and possible action to authorize Williams, Hatfield & Stoner to prepare bid plans and specifications for 6 pump stations in Tamarac East, 6 pump stations in the Woodlands, and Pump Stations 1, 19 and 26 in Tamarac West. 13. Utilities -- Temp. Reso. #3883 - Discussion and possible action to authorize execution of a contract with Shelton Enterprise, Inc., to provide notification to the City when utility locations are required (tabled from 12/11/85). 1/2/86 pg.10 APPROVED 1/2/86 pgs. 11 & 12 TABLED 1/2/86 pgs. 12 - 15 TABLED 1/2/86 pgs. 2 & 3 REMOVED from Agenda. 1/2/86 pg. TABLED til 1/10/86 meeting 1/2/86 pg. 15 report given 1/2/86 pg. 15 report given 1/2/86 pg. 3 TABLED till 1/10/86 meet. 1/2/86 pg 3 TABLED till 1/10/86 meet. PAGE 2 1/2/86 14. Utilities West - Wells 12 and 13 (Project 84-14) - Discussion and possible action on: a) Approval of Change Order #2 increasing the contract price by $2,300.00 to a new total of $172,100.00. b) Authorization for Payment #3 to R. J. Sullivan Corp. in the amount of $12,303.36. E E"AL AFFAIRS 5. UTA gablpCorporation - Temp. Ord. #1227 - Discussion and ,possible action to approve a transfer of a non-exclusive franchise for a community antenna television system to Telesat Cablevision, Inc. First Reading. (tabled from 12/11/85). 16. Albert .Miller _y_s, City. of Tamarac - Discussion and possible action on payment to the City's insurance attor- neys (tabled from 9/26/85). PUBLIC HEA IN - 2:00 F.M. 17. Hidden _Harbour - Vacation of Easement - Petition #6-V-85 - Temp._ Ord. #1230 - Discussion and possible action to vacate a 20-foot wide drainage easement. Second Reading. 18. vehicle Repairs - Temp. Ord. #1236 - Discussion and possible action to create Section 15-8 of the Code to prohibit all motor vehicle repairs in residentially zoned areas. Second Reading. 9. Gregory B. Dgrby -- Rezoning Petition #24--Z-85 - Temp. Ord. #1239 - Discussion and possible action to rezone lands at the southwest corner of University Drive and NW 82 Street from R-4A (Planned Apartments) to B-2 (Planned Business) utilizing the 5% flexibility rule for commercial development in residential land use area not to exceed 10 acres. First Reading. a) Acceptance of Affidavit of Publication, Affidavit of Mailing and Affidavit of Posting. b) Consideration of application. 20. B1ug Dolphin Restaurant Corp. - special Exception - Petition #32-Z-85 -- Temp. es #394 -- Discussion and possible action to grant a special exception to permit expansion of this restaurant into an adjacent bay in the Sunflower Shopping Plaza, 8104 N. University Drive, which is zoned B-1 (Neighborhood Business). 21. Blue Dolphin Restaurant Corp. - Special xception - Petition #33-Z-85 - Te ._Reso_,_#3942 - Discussion and possible action to grant a special exception to permit on - premises consumption of alcoholic beverages at this restaurant (as it presently exists and as may be expanded) in the Sunflower Shopping Plaza, 8104 N. University Drive, which is zoned B-1 (Neighborhood Business). U�MUNITy D ELOPMENT 22. TgMarac Nursing Center - Discussion and possible action to approve a landscape plan (tabled from 12/11/85) 1/2/86 pg. 5 a) & b) APPROVED 1/2/86 pgs. 4 & 5 APPVD 1/2/86 pgs. 4 & 5 APPROVED payment of $ 485.03 1/2/86 pg. 18 APPROVED 1/2/86 pgs. 18 - 20 TABLED til 1/10/86 1/2/86 pgs. 20 - 23 a) & b) APPROVED 1/2/86 pgs. 23 & 24 APPROVED 1/2/86 pgs. 24 & 25 TABLED till 1/10/86 meeting 1/2/86 pgs. 16 & 17 TABLED PAGE 3 1/2/86 23. Woodland Villas - Discussion and possible action on: a) Site Plan - Temp.,.-Reso. 3948 b) Landscape Plan c) Water and Sewer Developers Agreement d) Water Retention Agreement e) Blanket Utility Easement - Tgmp, Reso,3 4 f) Public Safety Ingress/Egress Easement -- Tee., Reso, #3950 g) Agreement for funding future traffic and signalization needs (to be located on the west side of Lagos de Campo Boule- vard, south of McNab Road, and north of Sandpebbles Townhouses) 24. B14tt Co rcia Plat - Discussion and possible action on. a) Plat - Temp. Reso. #3935 b) Development Order - e eso 3936 c) Water Retention Agreement d) Development Review Agreement e) Agreement for funding future traffic and signalization needs (tabled from 12/11/85) (to be located on the north side of Commercial Boulevard, east of Lindsley Lumber to NW 73 Avenue) 25. dmont act 7 75 - evis d 'te Plan -- Tem . ge,so. #3955 - Discussion and possible action on Revised Site Plan #6 reflecting revision to Building 5-A. 26. Ba side at Isles of Tamarac - Discussion and possible action on: a) Amendment to the Water and Sewer Developers Agreement b) Model sales permit and waiver of the 150-foot distance requirement for issuance of certificates of occupancy. c) Easement and Option Agreement in connection with the model sales facility - Temp. ResO. #3934 (tabled from 12/11/85) 27. Belfort - and gglease - Temp.-Reso., #3 51 -- Discussion and possible action to release a bond posted for beautification. 28. Sheppagd Pla a(formerly McNab Plazallorth) - -i n_ Waiver - T mp. Reso. 13952 - Discussion and possible action to waive the provisions of the sign ordinance to permit a different style of lettering for Mail Boxes, Etc., USA. 29. Centra Care Medical Centel' - Discussion and possible action on: a) Rescission of the requirement of Type D curbing on both sides of the median with a 12-inch base - Temp. Reso. #3953 b) Release of a warranty bond posted for public improve- ments - TemR, Reso. #3954 30. Colony West Country Club - Warranty Bgnd-,Te�l1p• Reso. #3923 - Discussion and possible action on dis- position of a warranty bond posted for public improve- ments. REPORTS 31. City Council 32. City Manager 33. City Attorney 1/2/86 pg. 3 TABLED for receipt of fees. 1 1/2/86 pgs. 15 & 16 a) - d) APPVD e) APPROVED w/conditions 1/2/86 pgs. 1 & 2 Agen. by Con. see Da. 17 pgs. 26 & 27 TABLED till 1/10/86 1/2/86 pg. 26 APPROVED 1/2/86 p. 26 APPROVED 1/2/86 pg. 4 TABLED 1/2/86 pgs. 10,1 26 & 27 APPROVED ,,i- 1/2/86 2 rep. a iven 1%2T86 pg.27 report given 1/2/ pg. 27 reportgiven PAGE 4 1/2/86 PUBLIC HEA I - 5:05 P.M. 34. feaggs, k1glIs 4nd Hedges - Temp. Ord. #1214 -- Discussion and possible action to amend Section 6-44 of the Code to provide for new setback requirements for fences, walls and hedges on corner lots in residential districts. First Reading. 35. Schools and Instructional Classes - Temp. Ogd,.#1217 - Discussion and possible action to amend Section 28-171 of the Code pertaining to definition and list of schools and providing for instructional class uses. First Reading. 36. upholsteryTShops - Temp. Ord. #1232 - Discussion and possible action to amend Section 28-171 of the Code to permit upholstery shops, under certain conditions, in B--1 zoning districts. First Reading. City Council may consider and act upon such other business as may come before it. Pursuant to Chapter 286.0105, Florida Statutes, if a person decides to appeal any decision made by the City Council with respect to any matter considered at such meeting, or hearing, he may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is based. CITY OF TAMARAC Carol E. Barbuto Assistant City Clerk SPECIAL CITY COUNCIL MEETING Monday, December 23, 1985 - 1:00 P.M. - Special Council Meeting - Issuance of TUW Revenue Bonds Following are the residential and commercial zoning districts in the City: A-1 - Limited Agricultural A-5 B-1 - Agricultural/Excavation - Neighborhood Business 04 B-2 - Planned Community Business B-3 - General Business B-5 - Limited Business District B-6 - Business District I-1 - Institutional M-1 - Light Industrial M-2 - Medium Industrial R-1 - Single Family Residence R-lB & R-1C - One Family Dwelling R-2 - Two Family Dwelling R-3 - Low Density Multiple Dwelling R-3U - Row House R-4A - Planned Apartment R-5 - Motel/Hotel RD-7 - Two Family Dwelling RM-5 - Residential Multi -Family Dwelling RM-10 - Planned Apartment 5-1 - Open Space/Recreational T-1 - Trailer Park District 1/2/86 pgs.. 28 & 29 APPROVED 1/2/86 pgs. 29 & 30 APPROVED 1/2/86 pg. 30 & 31 APPROVED PAGE 5 1/2/86 [AA F 37. City Ambulance Service - Discussion and Possible Action. 38. Veterans Affairs Committee - Discusion and Possible Action. 39. Social Services Committee - Consideration of Mileage Allowance - Discussion and Possible Action. 40. Satellite RecreatiPayment on Building - Pa ent of Invoices - Discussion and Possible Action. 41. Consideration for Pa ent of Alan F. Ruf's Invoice - Discussion and Possible Action. 1/2/86 pg. 1 Agen by Con. see pgs 6 & 7 1/2/86 Agen. by con. p7 1/2T86 pg. Agen. by Con. see s. 7&8 86 Pg• Agen. by Con. see . 8 86 pg. Agen. by.Con. see pgs 9&10 r RECONVENED CITY COUNCIL MEETING JANUARY 2, 1986 Tape CALL_TO ORDER: Mayor Philip B. Kravitz called the meeting 1 to order on Thursday, January 2, 1986 at 9:00 A.M. in Council Chambers. ROLL -CALL: PRESENT: Mayor Philip B. Kravitz Vice Mayor Helen Massaro Councilman Arthur H. Gottesman Councilman Raymond J. Munitz Councilman Sydney M. Stein ALSO PRESENT: Acting City Manager Larry Perretti City Attorney Jon M. Henning Assistant City Clerk Carol Barbuto (Morning) City Clerk Marilyn Bertholf (Afternoon) Secretary, V. Diane Williams MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Kravitz called for a Moment of Silent Meditation followed by the Pledge of Allegiance. GENERALDMI I TRATI FI ANC 37. City Ambulance Service - Discussion and possible action SYNOPSIS_OF ACTION: Agendized by consent (See pages 6 & 7) C/M Gottesman MOVED to agendize by consent that discussions be held regarding the issue of City Ambulance Service. He said the County has asked Council to provide a resolution indicat- ing whether they wish to proceed with pursuant of the ambu- lance service. SECONDED by C/M Munitz. VOTE: ALL -VOTED AYE 38. Veterans Affairs -Committee - Discussion and possible action SYNOPSIS OF ACTION: Agendized by consent (See page 7 ) Mayor Kravitz announced the resignation of Irving Schneider on the Veterans Affairs Committee. C/M Stein MOVED to agendize by consent the acceptance of Mr. Schneider's resignation and announcement of a vacancy for this committee. SECONDED by C/M Munitz. VOTE: ALL__VOTEDAYE COMMUNITY DEVELOPMENT 25. Woodmo t Trac 74/75 - agyised Site Plan - Temp, a sQ_, #3955 - Discussion and posible action on Revised Site Plan #6reflecting revision to Building 5-A. b) Amendment to Water and Sewer Developers Agreement SYNOPSIS OF ACTION: b) Agendized by consent (See page 17 ) 1 1/2/86 /vdw Iq V/M Massaro MOVED to agendize by consent the water and sewer agreement for Tracts 74, and 75 which is the Bonaire Project. SECONDED by C/M Stein. VOTE: AL L D AYE GENERAL MINISTRATIVE/FINANCIAL 39. Social Services Committee - Consideration of Milgagg Allowancg - Discussion and possible action SYNOPSIS OF ACTION: Agendized by consent (See pages 7 & 8) C/M Gottesman MOVED to agendize by consent a request by Actin City Manager Perretti regarding mileage reimbursement for the Social Services Board. SECONDED by C/M Munitz. VOTE: ALL VOTED AYE 40. Satallite RQcreation Building - Payment of Invoices - Discussion and possible action SYNQPSIS OF ACTION: Agendized by consent (See page 3 Acting City Manager Perretti asked Council to agendize invoices for repairs made on the Satellite Recreation Building. The Vice Mayor MOVED to agendize by consent the invoices for repairs on the Satellite Recreation Building. SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE 41. Cgnsideration fgg Payment of Alan F . uf' s Inv ' c - Discussion and possible action SYNOPSIS OF ACTION: Agendized by consent (See pages 9 & 10) The City Attorney asked Council to agendize an invoice for services provided by Alan F. Ruf, Consulting City Attorney the amount of $3,480.75. V/M Massaro SO MOVED to agendize invoice by consent. SECONDED by C/M Gottesman. VOTE: C� in the 9. C!t-y-CQdC Dgginagg Requirements - Discussion and possible action to authorize Williams, Hatfield & Stoner to review and evaluate Arthicle IV of Chapter 24 of the Code concerning drainage. SYNOPSIS OF ACTION: TABLED to 1/10/86 meeting The Vice Mayor MOVED to TABLE the item to the 1/10/86 meeting because it was still under discussion. SECONDED by C/M Stein. VOTE: ALL VOTEp AYE 8. Drainage Study - Discussion and possible action to authorize Williams, Hatfield & Stoner to evaluate the existing drainage on University Drive between McNab Road and NW 82 Street and in certain areas within Sunflower/ Heathgate. SYNOPSIS OF ACTION: REMOVED from agenda V/M Massaro said she had spoken with Mr. Greenwood, Utilities 2 1/2/86 /vdw Director/City Engineer, who was in agreement that this item be REMOVED from the agenda and she SO MOVED. SECONDED by C/M Gottesman. VOTS: C/M Stein Nay C/M Munitz Aye C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye TAMARAC UTILITIES 12. Utilitigs East and Wes o' e s 4--21 and 85- - PuMp Station Rgconstruction - Discussion and possible action to authorize Williams, Hatfield & Stoner to prepare bid plans and specifications for 6 pump stations in Tamarac East, 6 pump stations in the Woodlands, and Pump Stations 1, 19 and 26 in Tamarac West. SYNOPSIS OF _ACTION: TABLED to the 1/10/86 meeting The Vice Mayor MOVED to TABLE the item to the 1/10/86, upon recommendation of the Engineering Department. She said Mr. Foy indicated a problem with the bid by Williams, Hatfield and Stoner and that the tabling action would allow the Engineering Department additional time for further review. SECONDED by C/M Stein. 13. Utilities - Temp. Reso. #3883 - Discussion and possible action to authorize execution of a contract with Shelton Enterprise, Inc., to provide notification to the City when utility locations are required (tabled from 12/11/85). SYNOPSIS OF ACTION: TABLED to the 1/10/86 meeting V/M Massaro MOVED to TABLE to the 1/10/86 meeting for receipt of a signed agreement. SECONDED by C/M Stein. VQ-TE: ALL VOTED AYE COMMUNITY DEVELOPMENT 23. Woodland Yillas -- Discussion and possible action on: a) Site Plan -- Temp. Reso. #3948 b) Landscape Plan c) Water and Sewer Developers Agreement d) Water Retention Agreement e) Blanket Utility Easement - Temp, Reso. #3949 f) Public Safety Ingress/Egress Easement - Tem2. Reso. #3950 g) Agreement for funding future traffic and signali- zation needs (to be located on the west side of Lagos de Campo Boule- vard, south of McNab Road, and noth of Sandpebbles Town- houses) SYNOPIIS OF ACTION: TABLED to a future meeting for receipt of fees V/M Massaro MOVED to TABLE to a future meeting for receipt of fees. SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE 3 1/2/86 /vdw 29. e t action on: d c - Discussion and possible a) Rescission of the requirement of Type D curbing both sides of the median with a 12-inch base on e s 5 b) Release of a warranty bond improvements - so Posted for public Y OF ACmrn�t. 54 TABLED to a future: for further review by Engineering Department V/M Massaro MOVED to TABLE to a future date for by the Engineering Department. SECONDED b further revie Y_QTE: Y C/M Stein. L V TE y p�E ATIO D AW D 1. Manager Perrv:Fetti of f dve- Presentation b Department Y Acting City r and Vince Y Pins to Ed Crupar, Fire Sciacca, public Works Department. YN P I F ACTT Presentations were made by the Acting City Manager. Acting City 1----- x Ed Crupar, Fire Department,Perretti presented five-year Department, and comendedh�mdfornnhe�risera. pins to Public Works 2. service to the City. �P�n_al Haalt .. presentation of a Kravitz designating January, Proclamation b Month". Yr 1986, as "Spinal Health y p F ACTIO - Mayor Kravitz presented the proclamation Mayor Kravitz presented a Proclamation to Dr. Martin Green designating Januar, Y, 1986, as "Spinal Health Month". 3.NA.UOn untee proclamation b d DO s -' Presentation of a as "National VolunteerKBloodzDonorgMontn" January, Y Month". Yr 1986, Mayor KravitzCTIO ; Presented proclamation. Mayor Kravitz presented a Community Blood Center, designatiraitlon to Stacy,1 "National Volunteer Blood Donor Monthanuar Roth, Broward Yr 1986, as EG r. nFFAIic^ 15. C o t'on and possible action to d #1227 - Discussion exclusive franchise foraaptransfer of a system to Telesat Cablevisionn- (Tabled from 12/11/8$)- community antenna television r Inc.InCFirst Reading. APPROVED on First Reading Mr. Henning read Zed- d 11227 b Mayor Kravitz announced that American Y title. to the proposed ordinance. The Clean Cable had no objections hat this item was scheduled for discussiont t 12 attorneys were at 12Yo�ca°Cktbuttthe a.m.) V/M MassarosMOVEDand thatasked that it be heard now (9:30 First Reading and included that d• # 22 yone came be APPROVED an if an at the time 4 I 1/2/86 /vdw this item was designated to be heard, and wished to speak, that he/she be allowed to do so. SECONDED by C/M Gottesman. r_� The City Attorney said Section 2 contained a blank for in- sertion of the time needed to complete the stock transfer; he asked Mr. Mosgroves if he was prepared to give a timeframe. Michael Moskowitz, attorney representing Telesat and UTA, supplied April 15th as the absolute date the stock transfer would take place and at which time, this cable franchise transfer would be operative. Mr. Henning said the language on line 20 would read "accomplished by April 15, 1986" striking "within months of the effective date". The City Attorney acknowledged receipt of an original and copies of the insurance certificates. The Vice Mayor asked if a bond was necessary. Mr. Henning said he would investigate the necessity of a bond. C/M Munitz asked the relationship between Telesat and Florida Power & Light. Mr. Moskowitz explained that Florida Power & Light Holding Company was a holding group of many subsidiaries one of which is FP&L itself. He said another subsidiary of the holding group was Telesat but Telesat was not owned by FP&L proper in terms of the utilities. The City Attorney stated the second reading would be held on January 22 because of advertising requirements. TAMABAC _jITILITIES 14. s st - Wells -12 and 23_ (Prom R4-14) - Discussion and possible action on: a) Approval of Change Order #2 increasing the contract price by $2,300.00 to a new total of $172,100.00 b) Authorization for Payment #3 to R. J. Sullivan Corp. in the amount of $12,303.36. SYN9PSIS OF ACTION: a) APPROVED increasing the contract price by $2,300.00 b) APPROVED payment of $12,303.36 a) The Vice Mayor stated this item came under the well expansion and was funded by CIAC monies which was under Account No. 432- 363-537-645 and MOVED the APPROVAL of the additional $2300.00 which was for 23 additional feet of well casing at the unit contract price of $100.00 per foot. SECONDED by C/M Gottesman. UT E : ALL UTED AYE b) V/M Massaro MOVED the APPROVAL of authorization for payment #3 to R. J. Sullivan Corp. in the amount of $12,303.36; she said it was to be paid under Contract No. 432-363-537-645. SECONDED by C/M Gottesman. VOTE: LEGAL AFFAIRS ALL -VOTED AY 16. Albert Miller vs. City of Tamarac -- Discussion and possible action on payment to the City's insurance attor- neys (tabled from 9/26/85). SYN!2P5IS QF ACTION: APPROVED payment of $485.03 to Clifford B. Selwood, Jr. The City Attorney reported that he has had discussions with the insurance company with regard to the definition of a 5 1/2/86 /vdw deductible which stated "the deductible shall apply to each claim and shall include judgments, settlements and claims' expenses whether or not judgment or settlement is made". He said the issue is unique in this case because the City won. The City Attorney explained this was a practice which the City had been operating under for years but came to light when the City won the lawsuit by summary judgment and then they were assessed approximately $2000 in attorneys' fees by the insu- rance company. Mr. Henning said this particular policy was no longer in effect. He said the deductible applied not only to judgments that might have been assessed against the City but the policy provided that the cost of claims' defense or ex- penses are included in that deductible. Mr. Henning said, in this case, the law firm of Clifford Selwood, Jr., P.A., was paid in the past $1562.27 and the City was requested to pay a additional amount of $485.03 which he recommended be paid. The Vice Mayor asked who paid the $1600; the City Attorney said the City made the payment. He said the deductible was $2500.00. V/M Massaro said her thoughts were that they were defending their own position and the City should not have to pay. Mr. Henning concurred but stated, after a thorough re- view of this policy, that was the way it was set up. The Vice Ilrayor MOVED that the amount of $485.03 BE PAID to Clifford Seiwell, Jr. on the recommendation of the City Attor- ney. S2CONDED by C/id Gottesman. VOTE: ALL VOTED AYE GE12ERAL AADMINI_ RRATI FINANCIAL 37. City Ambulance Service - Discussion ana pos IL;_, t. a4`i011 SY_N_OUIS OF ACTION: TABLED to a special. meeting (to be announced) for receipt of all pertinent information Agendized by consent on page 1 C/M Gottesman stated Council had received a letter from the Broward Regional EMS Council requesting an answer to six Tape different items by January 8 from the Review Committee which 2 was established to review the City's request for certification of an ambulance service. He said the City Attorney has answered the six questions but has not mailed the information. C/M Gottesman reported that the County also asked, under a separate communication, for the City to reiterate its desire to proceed with the ambulance service which would require a resolution indicating Council's intent to proceed. He said, as liaision to the ambulance service, he contacted Fire Chief Simon and others because he was conducting a "true" survey of the requirements needed for an ambulance service. In the interim, however, C/M Gottesman said Council should indicate its continued interest in the pursuit of ambulance service. C/M Gottesman requested that the City Attorney be authorized to prepare a resolution to be included with his response letter. The City Attorney said, if Council were in agreement with C/M Gottesman's suggestion, he would present the resolution at the afternoon session. He clarified that the request by the EMS Review Committee was for reassurance that the City wanted to continue its pursuit of an ambulance service since the application has taken two or three years. C/M Stein recalled that this item was not agendized at the PreAgenda Meeting because Bernie Simon had stated that he would need six to eight additional men to service the ambulance and that the calls had increased from $75.00 to $125.00 per call. He said he did not want to make a commitment until all the facts are known. The Vice Mayor said she wanted answers before any resolution is written. She said, if the residents were going to have to pay $125.00 per call, it would be higher than the services 6 1/2/86 /vdw d, presently offered by the present ambulance company. The Vice Mayor said the ambulance personnel have indicated a willing- ness to negotiate a definite fee. She suggested that further discussions be held with Fire Chief Bernie Simon and call a special meeting in time to take action on this request. C/M Gottesman said it was his intention to review all obsta- cles which included the fee, the number of firemen, etc. and to provide Council with a breakdown of the complete costs. He said, however, the City needed to indicate to the EMS Review Committee their willingness to proceed. C/M Gottesman said Mr. Simon indicated that $45 to $50 would be the fee for the ambulance service and that there would be things that needed to be added to it. C/M Gottesman said Mr. Simon did not state that it would be $125. The Vice Mayor said Mr. Simon did, in fact, state that the cost per call would be $125 and would necessitate the hiring of eight additional men. C/M Stein MOVED that the item be TABLED until Council has all the facts and figures whereby a special meeting can be called. SECONDED by V/M Massaro provided a concerted effort be made to obtain the facts. V/M Massaro indicated that Mr. Henning should participate in the meeting between C/M Gottesman and Mr. Simon. Mr. Henning said he would submit the backup infor- mation to the EMS Committee by January 8 to be included on their January 22, 1986 meeting. The Vice Mayor asked for an explantion of the type backkup he intended to submit. The City Attorney said he would submit an updated application, along with a list of six items requested by the County to in- clude updates of insurance, inspections, vehicles, manpower, etc. He said there was no reason why the City could not re- quest additional time from the County if Council wished to pursue the matter further. The City Attorney said he would work with staff to compile the facts and move forward. K901 C/M Stein Aye C/M Munitz Aye C/M Gottesman Nay V/M Massaro Aye Mayor Kravitz Aye BOARDS AND COMMITTEBS: 38. Veterans Affairs C mmitt.ee - Discussion and possible action SYNQPSIS OFACTION: ACCEPTED resignation of Irving Schneider and ANNOUNCED vacancy on this committee Agendized by consent on page 1 Mayor Kravitz reported receipt of Irving Schneider's resig- nation and announced the vacancy for this committee. The Vice Mayor MOVED to ACCEPT Irving Schneider's resignation. SECONDED by C/M Stein. VOTE: ALL VOTED AYE 39. ggcial Servicgs Co tee - Consideration -of Mileage A11ow nce - Discussion and possible action SYNOPSIS F ACTION: TABLED for further investigation by the Acting City Manager Agendized by consent on page 2 Mayor Kravitz stated this item was agendized in reference to a memo submitted by Helen Sobel, Social Services Committee Chairperson. Mr. Perretti explained that department heads were instructed that no mileage allowance was given when an individual originated a trip from his home. He said they were required to drive their personal vehicle to City Hall whereby 7 J 1/2/86 /vdw the mileage would be calculated from City Hall to the point of destination. He said, as Acting City Manager, he objected to the mileage requested by Social Services based on the fact that many of the Social Service workers had shown on their tally sheets mileage from their homes to City Hall. The Acting City Manager said Mrs. Sobel informed him this has been a practice in the City for many years and the mileage allow- ances were approved. Mr. Perretti stated his appreciation of the valuable time given by this committee; however, he stressed that the City has many volunteer committees who travel to and from City Hall. He said he did not have the authorization to approve this committee's request and asked for Council's direction. The City Attorney said it was true in the past, and was now enforceable by resolution, that commuter mileage has not it been reimbursable as a City expense for trips from home to City Hall or from City Hall to home without intervening business stops. He said the committee members were asking for reimbursement for their trips to City Hall in order to use the City -operated van for the trips sponsored by this committee. Mr. Henning asked if some of the committee members were leaving their homes in their personal cars to transport Social Services' clients to doctors, etc., or if this was strictly a question as to whether they were entitled to com- muter mileage to pick up the van. The Acting City Manager replied there were occasions when people utilized their own vehicles from their home for which the City was paying; he said the mileage he has been disallowing pertained to the tally sheets indicating mileage directly from their homes to City Hall to pick up the van. The Vase Mayor suggested renumeration from the people who are being serviced. She said very often a car would be parked at the house of the person who has asked for transportation. Vickie Beech, resident, asked the qualifications needed to receive the services offered by the Social Services Committee. C/M Munitz said there must be a need. V/M Massaro suggested the Acting City Manager give the subject consideration to determine if a fee could be attached to this type of service. C/M Gottesman asked Mr. Perretti the cost for the mileage al- lowance in question; he said it was true that some people have cars but there were extenuating circumstances which may prevent its use. The Vice Mayor said it was not a question of what one committee would cost but the cost for all the commit- tees. C/M Gottesman said this was a special committee. The Acting City Manager stated this was one of the problems in that every committee felt it was more special than the other. C/M Gottesman MOVED to TABLE until the Acting City Manager has a chance to investigate the issue further. Lou Solomon, asked the cost to the City for the Social Services' workers because he felt the amount was a mere pittance. C/M Munitz suggested that the maker of the MOTION accept his amendment that this item be returned to the Social Services Board and let them come up with the facts. The Vice Mayor disagreed stating that the Social Services Board had al- ready indicated what they wanted. She said the MOTION was to TABLE for the Acting City Manager's investigation. SECONDED by C/M Stein. VOTE: ALL YE ADMINISTRATIYBZFINANCIAL 40. a 1' c t' n Building -- Pgyment of In_ygices - from_ James_ Bowo vyer - Discussion and possible action SYNOPSIS OF AC APPROVED payment to James Bowyer of two invoices totaling $2100 for internal plumbing Agendized by consent on Page 2 8 \J 1/2/86 /vdw Acting City Manager Perretti reported receipt of letters from Bob Jahn, Chief Building Official, dated December 24 and 26 pertaining to the partial plumbing for the Satellite Recrea- tion Building. He requested that the fees of $600 and $1500 for the top out and rough plumbing be approved. The City Attorney clarified that this was the internal plumbing work within the buildings. Mr. Perretti added that payment was to be made to James Bowyer. C/M Stein MOVED the APPROVAL of pay- ment to James Bowyer of $2100 for the plumbing in the Satel- lite Building. SECONDED by V/M Massaro. VOTE: ALL YQTED AXE 41. Considaiatign' - Discussion and possible action YNOPSIS OF ACTION: APPROVED payment of the invoice in the amount of $3,487.75 Agendized by consent on page 2 The City Attorney said the total, itemized invoice was for $3,487.75 for services rendered to the City Attorney's Office for work performed for various departments; Mr. Henning recom- mended payment. C/M Stein noted bills by Mr. Ruf for conversations with the Vice Mayor, etc., and asked if there were restrictions or procedures as to the use of the Consulting City Attorney's time. The City Attorney responded that Mr. Ruf worked for him through his direction and frequently, he is assigned specific tasks. He said until the Consulting City Attorney's time was abused, he felt that Council should feel free to contact Mr. Ruf on items he has been assigned. Mr. Henning said he did not feel that the time has been abused in the past and suggested that if it got out of hand, Council should consider implementation of certain guidelines. C/M Stein stated he was only checking the procedures and was not criticizing anyone. V/M Massaro said there has not been a problem of abuse and if it were the case, she felt that some- thing should be done about it. She explained that there are certain items which are handled entirely by Mr. Ruf. Vickie Beech, resident, asked the amount of monies the City has allocated for Mr. Ruf's services throughout the year plus Mr. Henning's office. She said it seemed the City was spending a lot of money for legal services yet the City has a difficult time trying to get some of their own laws en- forced. The Vice Mayor asked Mrs. Beech to be specific. Mrs. Beech stated that since July she has had a problem with the City's enforcement of the Code in the single-family resi- dences. She said she had contacted the former Building Official, Mr. Stevens, and others who informed her that the City Code does not permit single-family residences to operate a business out of their homes. V/M Massaro said she still did not understand what she was talking about. Mrs. Beech said she was certain the Vice Mayor had a copy of the memo she had circulated indicating that she had a neighbor who ran a taxi- cab and limousine service from his home next door to her. She said it runs all hours of the night and the chauffeurs are not ticketed who come in there to drive the cars. The City Attorney said for the last three years the City Attorney's budget has decreased. He acknowledged that Mrs. Beech was a strong advocate of Code enforcement and her frustration relative to her lack of success in being satis- fied on the enforcement of Code requirements regarding the business in her neighborhood. Mr. Henning said a lot of time has been spent on her complaint but it has not been resolved and assured her that he would do his best to see that it is resolved within the law. He said Council has made a step in the right direction by hiring Mr. Ruf's office as the City's Prosecutor as well as Consulting Attorney. The 9 1/2/86 /vdw City Attorney said the City Clerk's Office, within the last few months, has been very aggressive in obtaining Code compli- ance in the areas that fall under their jurisdiction. V/M Massaro MOVED the APPROVAL of Mr. Ruf's invoice in the amount of $3,487.75. SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE CONSENT AGENDA 4. a) b) c) d) e) Minutes of 11/13/85 - Regular recommended by City Clerk Minutes of 12/4/85 - Special Approval recommended by City Minutes of 12/10/85 - Special recommended by City Clerk Meeting - Approval Meeting/Public Hearing Clerk Meeting -- Approval Robert B. Dunckel - Special Counsel to Charter Board 12/9/85 - $465.00 _ Approval recommended by Charter Board Authorization for a Cookie Sale by the Broward County Girl Scout Council 1/31/86 to 2/12/86 and waiver of Chapter 22 of the Code governing "Solici- tors and Canvassing" SYNQPh9IS OF ACTIO : APPROVED a) through e) V/M Massaro MOVED the APPROVAL of items a) through e). SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE GENER& ADMINISTRATIVE/FINANCIAL 5. Confidential, Supervisory and Managerial Employees - Discussion and possible action to authorize extending the benefit package for one month. Y P I F A TIO APPROVED extension of benefit package to the first meeting in February V/M Massaro MOVED to EXTEND the benefit package to the first meeting in February. SECONDED by C/M Stein. VOTE: ,,Lb VOTED.AYE Mr. Perretti reminded Council that this item was originally an a) and b); the a) concerned wages and the b) benefits. He said the wage area was still outstanding for this group of employees. He recalled that at a Council meeting it was sug- gested that it would be retroactive to October 1. The Acting City Manager informed that the FPE employees would be eligible for another increase in April; however, the confidential, supervisory and managerial employees have not received any- thing. Mr. Perretti said the FPE employees could conceivably be in a position to make more money than the employees in the Tape Confidential group if Council does not act on the wages which 3 he recommended be done as soon as possible. He suggested, if there was a problem, that the group be divided. Mr. Perretti felt the confidential employees who were equivalent to the union's secretarial and bookkeeping employees should definite ly be considered as quickly as possible. COMMUNITY DEVELQPMENT 30. Colony West Country Club -- Warranty Bond - Tege R. ResoL.W#3223 - Discussion and possible action on dis- position of a warranty bond posted for public improve- ments. 10 1/2/86 /vdw SYNOPSIS OF ACTION: HELD for afternoon session (See pages 21. & 22) Mr, Henning read TemP,_Reso._3923 by title. V/M Massaro said the letter sent to Colony Club indicated the expiration of the bond on January 5. She said she spoke with Bob Foy, Engineering Department, who informed that the company was working very hard towards completion of the items that were not approved. The Vase Mayor MOVED that Temp. Reso_ #3 23 BE APPROVED subject to the bond being called before January 5 if the remedial work has not been completed. Mr. Henning said he was not certain Council could call the Letter of Credit, mechanically, on the day of expiration; he said a day or two may be needed to get something wired, mailed, etc. He said Engineering had imposed today as the deadline if they do not receive an extension of the Letter of Credit. The Vice Mayor said Mr. Foy indicated that the work would be completed by the deadline. V/M Massaro suggested the item be held to the afternoon session to allow him to ascer- tain the conditions imposed on a Letter of Credit. The City Attorney stated that the Letter of Credit said upon receipt by the bank on the last day; therefore, he reasoned that there must be notice on the bank"s desk by the last day of the Letter of Credit stating there has been a deficiency and the City wishes to call the Letter of Credit. The Vice Mayor re- iterated her request to continue discussion of this item at the afternoon session whereby she would call the people and ask them if they wanted to post a cash bond in the amount Mr. Foy felt was proper to cover the work that has not been completed. GENERAL ADMINISTRATIVE/FINANCIAL 6. Tamarac Veterans Park ss e Commons - Discussion and possible action to authorize the execution of an Agreement with the State Department of Natural Re- sources in connection with a grant received by the City for asphalt parking lot area and entrances and two security gates to entrances/exits. SYMPaIS OF ACTION: TABLED for receipt of all information The Vice Mayor acknowledged possession of the accountability policy document; however, she stated several pages were missing and found it very difficult to determine what it really said. She said she did not have the original estimate on which the grant was based. V/M Massaro asked if the full cost was $19,840.00. She said she would not like the City to become obligated to perform all of the work only to find that there is not enough money to cover it. The City Attorney said, based on the backup he has, it appeared to be a 100% grant and stated that he had not seen anything relative to matching funds from the City. He said the $19,840 would come from the State. Mr. Henning said there was a requirement that this area must be maintained to the public for 25 years, and if an admission charge is ever applied, the City cannot discriminate against non-residents in that the same fee must be charged residents as well as non-- residents. The City Attorney also stated if the City were to ever deny public records disclosure, the entire grant is voided; therefore, the City must insure that all the records are available. He said the project must be completed by January 31, 1987. V/M Massaro requested information as to who determines the costs. She asked for clarification of the gates mentioned. She cautioned Council that if these funds are not sufficient to complete the work, the City would have to complete it. V/M Massaro said she would like to table the item until Council has all the information; she said she would also like 11 1 1/2/86 /vdw a complete form for the grants accountability policy document. V/M Massaro MOVED to TABLE to the 1/10/86 meeting subject to receipt of the original estimates, what the estimates are based on and where the figures were obtained and that the missing pages be supplied. SECONDED by C/M Munitz. The Vice Mayor said she did not want it TABLED to January 10 but TABLED for receipt of all the information. W0 ALL VOT y,p 7. Pines of WOgdmont - Tr49t„_55 - Discussion and possible action on a request from this Association for City assistance regarding drainage problems of certain unit owners (tabled from 11/27/85) $YNOPSIS_OF._ACTION: TABLED for report from Engineering Department C/M Stein said this item was part of an overall problem of drainage. He said about a year and a half ago the Engineering Department drew plans affecting a particular area in Woodmont to include the Villas of Woodmont, the Pines and the Hollow. C/M Stein said the only area to decide, at that time, to pro- ceed with the recommendation was the Villas of Woodmont. He said they contacted and discussed the matter with the City Attorney; he said the position of the condominium association was that the entire drainage problem was the fault of the Engineering Department and Public Works because the streets and the berms were installed incorrectly. The City Attorney suggested a compromise plan based upon the County Plan whereby the condo would pay for the materials and the City would supply the labor from Public Works; he said the condo agreed. C/M Stein said the Engineering Department prepared the necessary sketches, descriptions and forwarded to the City Attorney the estimated amount and deposit required. He said the work was finally done; however, the second part of the work which dealt with the driveways had not been completed. C/M Stein said the City decided to allow the condo associatio to make provisions to have the driveways completed since the work required completion by outside contractors. He said the condominium owners completed the resurfacing of the driveways on their own. He said the City Manager and City Attorney estimated the cost of material used in order to bill the condo and returned the excess which was deposited for the resurfac- ing the condo did on its own. Thereafter, C/M Stein said, the Pines applied for the same relief and the engineering work was performed and an estimated amount was given to the condo association; however, since then, nothing has been done and this item has been tabled approximately one year. C/M Stein said he did not know of any more information that could be provided to the City as they have the sketches, estimated costs, etc. He asked Council to dispose of this matter. V/M Massaro stated she has been trying to determine the City's responsibility because this item opens up a can of worms. She said, although C/M Stein has indicated it is the City's responsibility, she has not been able to determine, through discussions with the Engineering Department, that the City was at fault in any way. She urged Council to check the facts very careful before a decision is made to accept responsibi- lity. The Vice Mayor said she would like this item forward-e to the Engineering Department whereby they were directed to Is submit a memorandum as to the City's responsibilities. She wanted the memo to include answers to the following questions: Was the street built correctly? Was the ordinance complied with was built? Who did the sealcoating? Was a permit issued? 12 at the time the street J 1/2/86 /vdw Were there inspections? If there was sealcoating, who paid for it? What was the cost to the City? Who installed the sealcoating? If there were inspections, were they incorrect? She said there were 858-1/2 manhours supplied by Public Works to do the work on Tract 73. The Vice Mayor said the City should not assume responsibilities for corrections on private property. She said she had listened to a tape from a previous Council meeting and doubted if it was the City's responsibi- lity; however, the Vice Mayor felt if it was determined that it was the responsibility of the City, she would like to know more about it. V/M Massaro referenced a comment made by C/M Stein on a previous tape in which he stated the inspec- tions were incorrect; she said she would like to see the in- correct inspections. C/M Stein stated that her comments had nothing to do with the Pines. The Vice Mayor said the subject was the same and reiterated her request for a report from the Engineering Department as to the City's responsibilities and, then, she required a report from the City Attorney after he reviews that report as to the City's legal responsibilities. C/M Stein reiterated that, originally, the proposition was made by the City Attorney, Mr. Henning dividing the responsi- bility between the condo and the City. He referenced an engineering report from Mr. Foy which stated that the prob- lem was created by the swale system which had never been installed originally; C/M Stein said Mr. Foy even offered a remedy to the effect that the City should abolish the Swale system, which they did in the Villas of Woodmont. He said the Villas of Woodmont resurfaced all their own driveways, and he would supply her with the name of the contractor who performed the work. C/M Stein said the City did not pay for any resurfacing of any driveways; therefore, he asked her to refer to the original bill as submitted and as approved by the City Attorney and the Engineering Department. The City was billed for the actual manhours supplied. He said the Villas of Woodmont signed an agreement with the City of Tamarac to have certain work performed and it was executed by the City Attorney and approved by Council. He directed Council's attention to the request by the Pines whereby he stated if it was the City's fault due to the improper construction of the drainage or the approval for certain developers who were very friendly with the City at that time, then Council owed it to the citizens to resolve the issue. He said $4,000.00 would be supplied by the Pines' 70 residents and the City would supply the manpower. She said C/M Stein had indicated earlier another section in Woodmont had the same drainage problem. C/M Stein cited a report from Mr. Foy on the Pines which indicated the drainage was based upon swale drainage and as soon as the sod matures and the swales fill in the result was that all driveways flood. He said Mr. Foy's report indicated that the problems for the Villas of Woodmont were resolved by converting the driveways from swale to ramp and filling them in with asphalt. He said part of this was on the City's right-of-way. The Vice Mayor said the driveway was a private improvement. C/M Stein said the drainage was not private and stated the City was negligent, at that time, in approving this system which floods all the driveways. He asked if the City had the capability to design drainage that would not flood, and if the City did not, why were they ducking their responsi- bility to help the citizens resolve the problem. V/M Massaro said it cost the people $3400 but it cost the City in labor $7,536.84 for the other project. C/M Stein objected asking that she discuss the Pines and the estimated amount for the work on the Pines is $4,000.00. She said the subject was if the City was doing something they have a right to do or are they spending taxpayers' money for private improvements. The Vice Mayor said if Mr. Henning knew about the sealcoating and 13 1/2/86 /vdw � who was doing it, she questioned why he did not know that no permit was issued for it. The City Attorney said this request was made by the homeowners for assistance from the City. He said he did not recall the City having admitted guilt to any wrongdoing at any time theredwae ahcontractgandtaesett City Attorney acknowledged that City's admittance of any wrongdoinenrebardind not recall the g in liability. He said at that time the City was soperatin or under the Trianon vs. the City of Hialeah case and everybod was suing the city if there were any development problems be- cause of inspections. The City Attorney said this case indi- cated that cities were liable for faulty inspections in condos, developments, etc. He said, t went to the Supreme Court and was overturnedwhichtresulted i� a turnaround in the cases concerning fault City Attorney said they are not quite as coinspections. ncernedabout The inspections; however, the City inspections properly and must beaconcernedlwithyinthe wto cnd orkoofuct all the City departments and its agents. Mr. did not know the extent, if an City's Henning said he cause he was not familiar withythefwork andcost. ThetCite_ Attorney said of the two points mentioned in an earlier project, resurfacingY and sealcoating, the City did not, at any time, intend to do sealcoatin check with the Building Departmentwtoedeterminehe difesealcoati required a permit. Mr. Henning said the City,ng offered to assist in the bid procedure with heahomeownersdto do the sealcoating by outside contracting should decide whether to return this item.toHstaffdforusaifurther investigation or to place the City's V/M Massaro suggested that this item be�sentato staffhfor furtired her investigation which would result in a memo. Shethenthe ustaf£arepo�ttbecausethe shelwa ty Attorney after his review of who was at f V/M Massaro said she viewed thenfaulttedoasnow the people lettinit. their grass grow up obstructing the water from draining g Properly. She reiterated her request for a report from staff, and then a report, in writing, from the City the City's legal ability to do whatever needsAtoobeedonas to e and SO MOVED. SECONDED by C/M Gottesman. Irving Weber, resident and spokesman for Harry Herman, President of Pines of Woodmont I fully approve their request for the sCit ked that Council respects in franc of their homes. Y to repair the swales living with an unbearable condition Of�water taccumulatthey e been the entrances to their homes for approximatelyion at Mr. Weber referenced that the drivewaysandr six years' Pitched improperly so the water cannot drain grroserl i were storm sewers. Some of the specific problems were; Y into the I. After a heavy rain, the runoff through driveways must follow a path through the may take several days to dig ssipate�s.MrWater accumulates and the Vice Mayor's comment regardin Weber' an response to stated the lawns were cut exactly eVerygtwotweeksthe withoutgrass, fail. 2. The same condition prevails after sprinkling. 3. There are also levels of water which do not run off but instead run into each other and stagnate for long periods Of time developing an objectionable odor. 4. Although parking is not permitted on grass, visitors mechanics, trade people and delivery trucks invariably chew u the grounds not realizing that all the P areas are full of stagnant water. grass in the swale 5. Many of the driveways decline from the entry steps to pools of water which are below the level of the street. 6. During the mosquito season, this water is definitely a danger to the residents because it is a health hazard. 14 1/2/86 /vdw Mr. Weber asked for a favorable decision by Council and acknowledged awareness that the City did repair water problems in other areas and asked that they be given the same consi- deration. Mr. Weber added that he was the only person who has a bridge in front of his home and in some cases, the bridge also became flooded. Shirley Blumfield, resident, said this has been going on for a solid year and asked why all the information was requested now in the form of a motion. V/M Massaro said she was not on the Council when this item was initially discussed. C/M Stein said the first notice was dated April 15, 1985 and he assumed the Vice Mayor was on Council at that time. VQTE: C/M Stein Nay C/M Munitz Nay C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye 10. Broward_League of Cities Business -- Discussion and possible action. SYNOPSIS OF ACTION: Mayor Kravitz gave a report. Mayor Kravitz reported receipt of the minutes of the last meeting. He announced a meeting for the third Thursday of the month. Tape 11. Northwgst gguncil of MayoMayor& Busingss - Discussion and 4 possible action. SYNOPSIS OF ACTION: Mayor Kravitz gave a report. Mayor Kravitz said an agenda would be distributed for the meeting scheduled for a week from Monday. Mayor Kravitz recessed the meeting at 11:30 a.m. and announced that the meeting would reconvene at 1:30 p.m. ROLL CALL: PRESENT: Mayor Kravitz V/M Massaro C/M Gottesman C/M Munitz C/M Stein 24. Blatt Commercial Plat - Discussion and possible action on: a) Plat -- Temp_._ Reso. _43935 b) Development Order - Temp. Rego. #3236 c) Water Retention Agreement d) Development Review Agreement e) Agreement for funding future traffic and signali- zation needs (tabled from 12/11/85) (to be located on the north side of Commercial Boulevard, east of Lindsley Lumber to NW 73 Avenue) SYNOPSIS ,OF ACTION: a) APPROVED RESOLUTION NO. R-86-2 PASSED b) APPROVED AS AMENDED RESOLUTION NO. R-86-3 PASSED c) APPROVED d) APPROVED e) APPROVED with conditions Mr. Ed Heafy, representing the petitioner, Leonard Blatt, 1S 1/2/86 /vdw a) b) said he understood that since this was only a plat and not a site plan that he could pay one-half of the fees now and the other half at the time of site plan approval. V/M Massaro asked who told him that. Mr. Heafy responded that it was a meeting among himself, the Vice Mayor and Dick Rubin. Mr. Heafy presented a check for $64,227.37 which was one --half the amount required for the traffic -related fees and based on multi -story commercial; Dick Rubin informed him that the fee was for the maximum amount because it was an unknown site. He reiterated that it was predicated on the site plan and stated that he was told if the site plan amount came in for less than the amount submitted, he would be given a rebate. V/M Massaro stated that Mr. Henning has indicated that the agreement cool be amended to provide for payment of one-half the fees in thi particular case but stressed that it was not a normal practice. Mr. Heavy presented a check in the amount of $574.17 for payment of drainage improvement fees. Mr. Henning read Temp. Rgsp, #3235 by title. Bob Jahn, Chief Building Official, stated that staff has reviewed the plat and recommended approval. V/M Massaro MOVED the ADOPTION of Temp,__ResQ,, #3935 as submitted. SECONDED by C/M Gottesman. VOTE: ALL -VOTED AYE Mr. Henning read Temp. Reso,,_ #39,36 by title. The City Attorney said an agreement would be executed acknowledging receipt of the partial payment received today and this item will be readdressed at the time of site plan approval. V/M Massaro said, with the City Attorney's amendment to Temp. Reso.36, she MOVED the ADOPTION of same AS AMENDED. SECONDED by C/M Munitz. VOTE: c) V/M Massaro indicated the fee of $7,729.23 had been prepaid and MOVED the ADOPTION of the agreement as submitted. SECONDED by C/M Gottesman. YQT6: ALL UTEDAYE d) The Vice Mayor said the development review agreement was in Proper form and has been executed by Mr. Blatt. She MOVED the ADOPTION of the development review agreement as submitted. SECONDED by C/M Gottesman. VOTE: ALL VOTED„AYE e) The City Attorney said this item was referred to earlier by the checks that were presented by Mr. Heafy and stated the development order resolution indicated that an agreement will be executed between the developer and the City regarding those fees. V/M Massaro MOVED the APPROVAL subject to the signing of an agreement for funding future traffic and sig- nalization needs and indicating that one --half of the amount had been paid and if the fees in their final form should differ, adjustment would be made. SECONDED by C/M Gottesman. VOTE • ALL VOTED _AYE COMMUNITY DEVELOPMENT 22. Tamarac_Nursing Centgr - Discussion and possible action to approve a landscape plan (tabled from 12/11/85) SYNOPSIS OF ACTION: TABLED Acting City Manager to provide developer with a breakdown of land use amendment costs 16 1/2/86 /vdw The Vice Mayor informed there was a request for tabling but that she did not want it tabled. She said Council's previous approval of the Tamarac Nursing Center indicated that a land use amendment would cost approximately $4,000.00; however, since that time she has learned that this figure is completely inadequate. V/M Massaro said Thelma Brown, City Planner, has submitted a figure of approximately $10,000 for the land use amendment. She said Mr. Cowan came in with a check earlier in the week but she suggested that the City not accept the check because it was learned that the City could not prepare the land use amendment for $4,000.00. Thelma Brown, City Planner, provided a breakdown of the projected figures: Administrative costs to the City $1,500.00 Two public hearing notices ads 1,200.00 Approximate City Attorney time in 800.00 preparing legal documents - 8 hours Rezoning - Two public hearings 1,200.00 Filing Fee (as established by Code) 400.00 Consulting Fees 4,000.00 Therefore, she requested that the developer deposit $10,000 for the land use plan amendment. Doug Cowan, Craven Thompson & Associates, requested an itemized list of the costs for presentation to the developer. He asked that this item be tabled for further study. Mr. Henning asked Council if they wished him to address the ordinance with Thelma Brown and revise the application fee for land use plan amendment. He said the City has the land use plan amendment fee but if the fee does not include the City's expenses, the fee should be updated to reflect that and every- body would be aware of the costs to pursue a land use plan amendment. Ms. Brown said the Code addressed collection of the additional fees under Section 2-1-1 Fees for Amendments. She advised against tacking a total fee to that as each situation was a little different and suggested Council address each case individually. The Vice Mayor informed Mr. Cowan that the $10,000.00 was an upset figure. The Vice Mayor MOVED to TABLE and directed the Acting City Manager to provide Mr. Cowan with a breakdown of the projected $10,000.00 cost. SECONDED by C/M Munitz. VOTE: ALL YOTED AYE 25. Woodmont Tract 74/75 - Reyisgd e P n - Temp. Reso 55 -- Discussion and possible action on Revised Site Plan #6 reflecting revision to Building 5-A. b) Backflow prevention amendment to Water & Sewer Agreement SYNOPSIa QF ACTION: a) APPROVED RESOLUTION NO. R-86-4 PASSED b) APPROVED as submitted Agendized by consent on page 1 a) Mr. Henning read Temp. Reso. #3955 by title. Thelma Brown, City Planner, said the proposal was to reduce three 3-bedroom units to three 2-bedroom units on Building 5--A, and she recommended Council approval as there was no change in the unit count or the ERC count but merely a slight reduction in the footprint. Ms. Brown said the parking was unchanged. V/M Massaro MOVED the ADOPTION of Tgmp. Reso #3955. She said there has been some checkup on the ERC count as established on the plans and was still under review. SECONDED by C/M Stein. VOTE: ALL VOTED AYE 17 1/2/86 /vdw b) The City Attorney said a revision to the amendment to the Bonaire/Woodmont Tract 74/75, Site Plan #6, Water and Sewer Agreement, was distributed. He said the purpose of the agree- ment was to request that the developer conform with the back - flow prevention requirements with this site plan as well as future site plans. Mr. Henning stated the agreement had been executed by the developer and recommended the approval of the second amendment to the water and sewer agreement for Site Plan #6 at Bonaire. V/M Massaro MOVED the ADOPTION of the backflow prevention amendment to the water and sewer developers agreement as submitted. SECONDED by C/M Stein. VOTE: ALL VOTED AY PUBLIC C HFARI, gS -_a. Q Q P.M. 17. Hidden Harbour - Yacitig, of -Easement - Patition -- -85 - Temp. Ord. 1230 - Discussion and possible action to vacate a 20-foot wide drainage easement. Second Reading. SYNOPSIS OF ACTION: APPROVED on Second ORDINANCE NO. 0- 86-1 PASSED and Final Reading Public Hearing held Mr. Henning read T 0 d. 1 330 by title. Mayor Kravitz opened the public hearing, and upon hearing no response, the public hearing was closed. The Vice Mayor said a fee of $41.75 was due from Oxford Development Company for publication costs. Martin Son, representative of Oxford Development, said he did not have a check because he was not aware that it was due but did pay cash. C/M Stein MOVED the ADOPTION of Temp Ord. #1230. SECONDED by VIM Massaro. V TE: ALL VOTED AYE 18. Vehicle Rep -airs - € d #1236 - P..�-S2�L__�._ Discussion and Possible action to create Section 15-8 of the Code to prohibit all motor vehicle repairs in residentially - zoned areas. Second Reading. SYNOPSIS OF ACTION: TABLED to 1/10/86 meeting for inclusion of amendments Public Hearing held Mr. Henning read Tem d #1236 by title. The City Attorney said the first reading was held on 12/11/85 He said he was asked to prepare an ordinance which would limit the repair of motor vehicles, either for commercial Purposes in residential area, or the presence of a vehicle in an unsightly condition over an extended period of time. The City Attorney explained that one of the problems encountered occurred when a person attempts to do a major repair job on his car which may take days and weeks thus resulting in an unsightly situation. Mr. Henning said they have also found that people will not only repair their own cars but the cars of others which may become an involved hobby. The City Attorney informed of reports of "cannabilized vehicles" which are vehicles minus parts rendering them inoperable. Mr. Henning stated that minor repairs are permitted in the ordinance to include repair of flat tires, fan belt, jumper 18 1/2/86 /vdw cable, etc. He said if the resident has a fully -enclosed garage he was permitted to do the work desired inside the garage. Mr. Henning directed Council's attention to dis- cussion of the fines on the second page; he said a $25.00 fine was originally proposed and additional fines for subse- quent violations. The City Attorney suggested that paragraph D, Section I should read "That the owner of a motor vehicle or the person engaged in the repairs of a motor vehicle in violation of this section shall be subject to a fine of up to $500.00 for each violation"; he said a judge could make that determination. V/M Massaro asked the effect of the ordinance if the owner of the vehicle was not the owner of the property. The City Attorney said it was intended to be both; he read, "The owner of a motor vehicle or the person engaged in the repair..." He explained that if a person took his car to a resident's house for repair, they would both be liable. Mr. Henning said the real culprit would be the mechanic. V/M Massaro suggested that he make the owner of the property responsible for what happens on his property. C/M Gottesman suggested insertion of the phrase "that the man doing the repairs or the owner of the property". Mr. Henning suggested, after the public hearing, that this item be tabled to 1/10/86. Bob Jahn, Chief Building Official, strongly recommended that the ordinance be fine tuned as he has evidenced several deplorable situations within the City and he has not been able to find anything in the Code which would allow him to correct the situations. Mayor Kravitz opened the public hearing. Mr. Carl Alper, resident, said he was in agreement with comments made by Mr. Henning and Mr. Jahn; however, he differed with making the owner of the premises liable. He said the person who does the repairs may learn that his neighbor will be away for an extended period of time and would perform his repairs at the unoccupied residence. Mr. Alper felt it would be sufficient to make the person who is engaged in making the repairs or the owner of the vehicle who permitted him to make those repairs liable. He said the City would be doing a disservice to make the homeowners liable. Mr. Harold Newman, resident, felt the ordinance was a long time in coming and stressed that enforcement was crucial. Dr. Bernard Newman, resident, said the ordinance was good but needed to be enforced. Joe Pandro, resident, asked if this ordinance would affect the condominiums because they have a shop -on -wheels which come to the condos and fix the cars there. Mr. Henning said the ordinance was originally prepared to allow almost any repair provided it be done within one day but the way the ordinance reads now, it was prohibited. Dr. Carl Alper said there was nothing in the ordinance which prevents a resident from "cannibalizing" his own car, and the Code Enforcement Officer cannot do anything about it because there is no ordinance to that effect. Tape Mayor Kravitz closed the public hearing. 5 The Vice Mayor asked the City Attorney to revise the ordinance to include a phrase making the homeowners liable. V/M Massaro MOVED that the City Attorney AMEND Tom_ Ord, #1236 to include responsibility of the property owner within this ordinance and to include a fine of $100.00 for each subsequent violation and the item would be TABLED to the meeting of January 10, 1986. SECONDED by C/M Gottesman. i 19 1/2/86 /vdw VOTE: C/M Stein C/M Munitz C/M Gottesman V/M Massaro Mayor Kravitz Absent from dais Aye Aye Aye Aye 19. Gregory B. Darby - Rezoning Petition #24-Z-85 - IPmp. Ord, #_1239 - Discussion and possible action to rezone lands at the southwest corner of University Drive and NW 82 Street from R-4A (Planned Apartments) to B-2 (Planned Business) utilizing the 5% flexibility rule for commercial development in residential land use area not to exceed 10 acres. First Reading. a) Acceptance of Affidavit of Publication, Affidavit of Mailing and Affidavit of Posting. b) Consideration of application. SYNOPSIS OF ACTION: a) APPROVED b) APPROVED Public Hearing held Thelma Brown, City Planner, said the site plan application for the change of zoning was DENIED by the Planning Commis- sion on November 28, 1985. She said staff had recommended if subject property was to be rezoned, that the use should be in line with B-1 zoning and should not be approved unless deed restrictions were placed on the business uses. Ms. Brown said staff also recommended elimination of the eastern drive- way on 82nd Street and an increased berm along University Drive to 42 inches, and their final recommendation was that it would be mandatory to maintain a 110-foot minimum building setback. The City Planner said, as of today, the Planning Department was notified that the use was under consideration as an office building rather than the original proposal of a shopping center. Ms. Brown asked the petitioner to come forward and provide a detailed presentation of his proposal. The City Attorney said the original petition, as indicated, was for B-2 and the Planning Commission's recommendation was a DENIAL. He said the rezoning petition would have to over- ride the recommendation of the Planning Commission if it were approved. The City Attorney said the Code provided that such an overriding vote required four votes. He said the peti- tioner was present asking to amend his petition not to B-1 nor B-2 but to B-6 which is more restrictive and less intense than the B-2 originally requested. The City Attorney said this item could be sent back to the Planning Commission; however, he was not suggesting that. V/M Massaro informed Council of a telephone call she had received from Mr. Abramowitz, President of the Woodmont Home- owners Association, who indicated that he had met several times with Mr. Ford and discussed the proposed B-6 zoning. She said Mr. Abramowitz stated they no longer have any ob- jections and would be in favor of the B-6 zoning. Mr. Vaughn Ford, owner of the property, recalled approximate- ly six months ago he approached the City on the possibility of rezoning the property and, at that time, it was suggested that he go through a conceptual site plan. He said the pro- perty in question was the southwest corner of University Drive and NW 82nd Street and is one of the entrances to the Woodmont Country Club community. He displayed, for Council's viewing, a zoning map indicating the area in red as existing commercial zoning and the only corner which is not presently zoned commercial at this intersection is the tract which he owns consisting of approximately 4 1/2 acres. Mr. Ford said he felt a shopping center would be the best use of this pro- perty; however, he did not expect the tremendous opposition 20 1/2/86 /vdw 1 by the homeowners. He said, after several meetings with their representatives, he concluded that a B-6 zoning would be more appropriate. Mr. Ford said the development plan he presented to the Woodmont Homeowners Association was essenti- ally one of an office/medical-type use. He said the site plan, as shown, utilized extensive landscaping throughout the parking area, and Mr. Ford felt, based on what he had read in the City Code, it should exceed Code requirements. Mr. Ford said the buildings would be laid out toward the front of the property to take advantage of the depth of the property and to be able to meet the City's Code requirements regarding parking. He said there would be two entrances to the pro- ject: one on University and one on 82nd Street. He said these two entrances were the same as previously discussed with the Planning Department for the shopping center. Mr. Ford said he had also discussed the plans with Broward County in reference to University Drive and it appeared to be an acceptable location. Mr. Ford concluded that with some modifications he should be able to meet all the Code requirements. Mr. Ford said the architectural design utilized a barrel - tiled roof with a number of canvas awnings and a great deal of wood treatment around the windows as well as along the top of the roof. He said the courtyard area of the project itself would be heavily landscaped and there would be water features similar to those at Belle Terre; although he indi- cated he would take the Belle Terre concept further and add additional quality. He said the material throughout the courtyard itself would be along the lines of cobblestones giving the appearance of a European environment. He said the size of the property was 4 1/2 acres and in order to meet Code requirements, he could only get 42,000 square feet of office/medical space on this property in a two-story configuration as illustrated. Mr. Ford said there would be four entrance points into the project with a contiguous fire lane around the building to conform with City Code. He felt his project would be viable from a leasing standpoint. Bob Jahn, Chief Building Official, informed he had the original and proposed figures for the setbacks. He said he had spoken with Mr. Ford this morning and informed Mr. Ford that his plan would have to start again and would need to go through the entire site plan process and the proper fees would be required and also informed him that his landscape Plan necessitated approval by the Beautification Committee. Mr. Jahn said if a B-6 zoning was approved, a 125-foot setback was required from University Drive from the center line and within that setback there can be no parking. He said the setback on 82nd Street would be 25 feet from the property line and within that setback there can be no parking. The Chief Building Official said no parking was allowed in the setback on the south side which adjoined the property with residential property; he said there was a set- back between the S-1 and the golf course. He said the B-6 zoning was a more intense use than the B-2 zoning. The Vice Mayor said although this property was located in land section 4, 5 and 6, which is under court order, Mr. Ford has indicated that he would comply with all of the City Codes and he also indicated that he would comply with the proposed traffic impact ordinances. She said there was a maximum amount due of $20,000.00 for the traffic signali- zation and the road improvements fee was to be provided as may be required according to the ordinance which would be in the neighborhood of $100,000.00. V/M Massaro stated with the type of setbacks the developer has, the concept proposed and the fact that Mr. Abramowitz indicated approval she felt that Mr. Ford would provide a building which would be an asset to that community. Mayor Kravitz opened the public hearing. 21 1/2/86 /vdw Mr. Carl Alper, resident, said the proposed concept would be more welcome than Mr. Ford's original proposal. He stated that Mr. Ford's request for a rezoning should be heard before the Planning Commission. Mr. Harold H. Newman, resident, said, at the original hearing the owner of the property adjacent to Mr. Ford's property made objections in the same order as the residents from Wood- mont. He said this property owner was very happy that the original proposal submitted by Mr. Ford was denied because he planned to build townhouses on the adjacent property. Mr. Newman said, however, he felt the present proposal was a great deal better than the one originally submitted but wondered what this particular property owner's opinion would be. Florence Bochenek, Chairperson/Beautification Committee, felt, as a resident, that Mr. Ford's proposal would be a great improvement over what had been presented earlier and would be consistent with the neighborhood as well as an attractive addition to the City. V/M Massaro agreed. Al Bosworth, attorney with the firm of Tatum & Tatum who represents Graystone Fairways Corporation, owner of the 11 1/2 acres adjoining the subject property immediately to the south said his client's property was presently zoned R-4A as is the subject's parcel. Mr. Bosworth indi- cated it was his client's intention to develop the property into condominium/townhouse units which would be offered for sale and it was conceivably that some may be rented if market conditions warrant that. He said it was also his client's intention to develop the property on a low -density basis; initially, he had planned 12 units per acre although he understood that the Code would permit 15. Mr. Bosworth said there was a court order governing this parcel which may allow up to 22 units per acre. V/M Massaro said she did not feel his statements were correct; Mr. Bosworth said he could be incorrect and if so, he stood corrected. Mr. Bosworth stated in order for his client to develop the property the way he intended and to make a significant profit or just to break even with a low -density project, he would have to sell the units at a reasonably high price. Mr. Bosworth said it was their belief that permitting the zone change of the property immediately to the north would significantly, materially and adversely affect the value of at least the units immediately to the north, if not the value of the entire project, and would also affect the ability to sell the units within the project at the price contemplated up to this point. Conse- quently, he said if a change in zoning is granted, his client would probably have to build at a markedly higher density which would result in units being sold at lower prices to somewhat less affluent residents. Mr. Bosworth said there was no way to have a commercial property without it affecting the neighboring property and reiterated his client's opposi- tion to the rezoning request. Mayor Kravitz closed the public hearing. Mr. Ford said the material on the outside of this building is stucco. The City Attorney stated if Mr. Ford has not offi- cially amended his petition, he needed to do so at this time so that the documents can be changed and initialed before the close of the meeting. Mr. Henning said there were interest- ing comments made by the attorney who represented the land- owner to the south. The City Attorney informed that this land was all Tract 29 and that the northern portion has been severed for sale. He said the City Code provides for a CBS wall to separate residential and recreational, S-1 on the west side and the R4-A on the south side, that would act, in part, as a buffer from those other land uses. First of all, he said it was represented to Council that the court order allowed 22 units per acre; however, he was waiting for that information to be shown to him as he has not been able to lo- 22 1/2/86 /vdw cate it. The City Attorney said 15 units per acre is the maximum density in Tamarac for a residential acres, and even at 15 units per acre, by Tamarac's standards, that is not considered low density; he said low density was around five units per acre and medium density may be ten. Mr. Henning stated a deed restriction was negotiated against convenience stores, funeral parlors, movie theaters, etc. and are stipu- lated in Stipulation 20. Mr. Ford said, due to the opposition to his original petition for B-2 zoning, he agreed to down zone to a less intense use to a B-6 and was prepared to accept a B-6 zoning on this pro- perty. a) The City Clerk acknowledged receipt of Affidavits of Posting, Mailing and Publication. C/M Gottesman MOVED to ACCEPT the affidavits. SECONDED by C/M Munitz. VOTE: C/M Stein Absent C/M Munitz Aye C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye Mr. Henning listed the uses agreed to be restricted from Tract 29 northern parcel: Convenience stores Savings & Loans Banks Athletic Clubs Reducing Salons Eleemosynary institutions Lodges - _ _ _- -- Civic Associations Theaters Funeral Homes b) V/M Massaro MOVED the APPROVAL of the B-6 zoning with the restrictions as indicated and put on record by the City Attorney subject to the stipulation which would require that the petitioner comply with all City Codes and regulations and the two proposed traffic impact ordinances. SECONDED by C/M Gottesman. yQTE: C/M Stein Absent C/M Munitz Aye C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye 20. Blug-D-olRbin Restaurant gDgpL- Sp c' 1 Exc-eption Petition- 32-Z-85 - Te so #3946 - Discussion and possible action to grant a special exception to permit expansion of this restaurant into an adjacent bay in the Sunflower Shopping Plaza, 8104 N. University Drive, which is zoned B-1 (Neighborhood Business). YNOPSI F • ACTION APPROVED .RESOLUTION NO. R-86-1. PASSED Mr. Henning read Temp, Reso, #3946. by title. Ms. Thelma Brown, City Planner, stated there were items ad- dressed prior to this meeting as to whether the expansion into this bay would bring them into compliance with the re- quirements of the Alcoholic Beverage Division for the total number of square feet which was projected to be 4,744; she said the square footage of 4,000 met the requirement of the Alcoholic Beverage Division. Ms. Brown said the second re- quirement by the Alcoholic Beverage Division was that there 23 1/2/86 /vdw Tape 6 be at least a 200-occupant load; she said that would be main- tained and has been calculated to represent that the figure can occupy the facility. The City Planner said the peti- tioner would comply with the South Florida Building Code and the regulations with the handicapped facilities due to this expansion. The City Attorney informed that an existing restaurant pro- posed to expand its premises at its present location. He said item 21 was a request to change from a beer and wine li- cense to a liquor license for the entire establishment. Mayor Kravitz opened the public hearing and hearing no response, the public hearing was closed. V/M Massaro MOVED the approval of Temp. Reso 3 46 on the expansion of this restaurant. SECONDED by C/M Gottesman. VOTE: C/M Stein Absent C/M Munitz Aye C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye 21. Blue Dolphin Restaurant Cor - Special-Facep.tion Petition 1#33-Z-85 - Temp. s #39 7 - Discussion and possible action to grant a special exception to permit on -premises consumption of alcoholic beverages at this restaurant (as it presently exists and as may be expanded) in the Sunflower Shopping Plaza, 8104 N. Uni- versity Drive, which is zoned B-1 (Neighborhood Business). SYNOPSI OF ACTION: TABLED to the 1/10/86 meeting Mr. Henning read the 12/26/85 revision of Temp_Feso. #3947 by title. V/M Massaro asked the City Attorney and City Planner to check the Code to see if posting was required on the premises and if it was done. Mayor Kravitz opened the public hearing and hearing no re- sponse, closed the public hearing. Jack Rosenfeld, owner of the Blue Dolphin, said he operated, primarily, a restaurant and that liquor has to be sold in conjunction with food. He said he would like to install a bar as a place for people to wait for a table or to just sit down and have a drink. Mr. Rosenfeld said liquor was part of the restaurant business and stated that most of the good restaurants serve liquor. Ms. Brown, City Planner, stated according to the City Code under Public Notice and Advertising for such, "Any item under Public hearing must be posted"; she said this was posted and should be in the City Clerk's file. The City Clerk acknow- ledged that an Affidavit of Posting was located in the backup for a previous item. V/M Massaro asked Mr. Rosenfeld the closing time for his restaurant; he answered, at present, 10:00 P.M. She asked the intended time he would remain open. Mr. Rosenfeld said he would probably be open until 1:00 A.M. because he wanted to keep the kitchen open until 12:00 A.M. to serve. The Vice Mayor questioned the need to remain open until 1:00 A.M. if the kitchen would only be open until 12:00 A.M. He said someone may come in to eat at 11:30 P.M. and probably would not leave until 1:00 A.M. V/M Massaro said he was establish- ing a bar there. Mayor Kravitz asked him if he had discussed his proposal with staff or anyone on Council. Mr. Rosenfeld 24 l/2/86 /vdw LI �I said it was brought out at the first Council meeting. Mayor Kravitz said he meant before he decided to ask for the liquor license. Mr. Rosenfeld said he filed the application whereby he mentioned it and then he had a hearing before the Planning Commission and everything was brought out; he said there was a stipulation that there be.no lounge and that the liquor would have to be sold in conjunction with food which he ac- knowledged was the only type of license he could obtain. Mayor Kravitz asked him who gave him that advice. The petitioner answered the State Liquor Authority and said the license was available provided he met the requirements as far as square footage and seating capacity. He said, presently, he has 3700 sq. ft. which was not sufficient to meet the requirement for a liquor license. The Vice Mayor said the location was in the back of a family area. Mayor Kravitz asked if he received many requests at the Present time for alcoholic beverages with the meals other than beer and wine. Mr. Rosenfeld answered that he did. The Vice Mayor said she did not like the proposed hours because the restaurant was located in a family neighborhood. The City Attorney recapped the Blue Dolphin's request for ex- pansion into another bay and they have agreed to comply with the South Florida Building Code. He said the petitioner will be submitting requests for permits to show the floor plan and the layout of the restaurant. The Vice Mayor said she had not seen the plans and would feel more comfortable if she had; she requested that the petitioner bring in a detailed sketch of the proposed use of the expansion and asked that he give some thought to the reduction of operating hours. She said the license would have to be nontransferable. The pe- titioner clarified that the dinner hours would be extended to midnight on Friday and Saturday nights and during the week he would probably close at the regular time. Mr. Rosenfeld said of the 4700 sq. ft. involved he intended to use only 850 sq. ft. which would be the front portion of the store facing Uni- versity Drive for serving liquor at a bar; he said the remainder would be for dining room seating. The Vice Mayor MOVED that the petitioner SUBMIT a sketch showing how he in- tends to develop after expansion into the other bay, location of the bar and TABLE this item until the next regular meeting (1/10/86). SECONDED by C/M Munitz. VOTE: C/M Stein Absent C/M Munitz Aye C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye Saul Strachman, owner of the shopping center, said he was convinced that Mr. Rosenfeld would operate a restaurant there. The City Attorney said Council was interested in the relative size of the lounge compared to the restaurant. Mayor Kravitz asked the petitioner if it was his intention to have a separate entrance into the bar. Mr. Rosenfeld said as of now there are two entrances in front because of the store's layout which are used for the restaurant and he does not intend to have a separate entrance for the bar. M MUNITY DE EL PMENT 26. Baysift at r 1 s of Tam ac - Discussion and possible action on: a) Amendment to the Water and Sewer Developers Agreement b) Model sales permit and waiver of the 150-foot dis tance requirement for issuance of certificates of occupancy. c) Easement and Option Agreement in connection with the model sales facility - Temp, Reso, 13- 4 (tabled from 12/11/85) 25 1/2/86 /vdw SYNOPSIS OF ACTION: TABLED to 1/10/86 meeting V/M Massaro stated she received the report from the City Attorney on the water and sewer agreement but that she had not had an opportunity to review it and MOVED that this item be TABLED to the next regular meeting (1/10/86). SECONDED by C/M Munitz. VOTE: C/M Stein Absent C/M Munitz Aye C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye 27. a fort - Bond F&Iease - Temp. eso #3951 Discussion and possible action to release a bond posted for beautification. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-86-5 Mr. Henning read Temp. Res #3951 by title. V/M Massaro MOVED the ADOPTION of Temp, Res #3951. SECONDED by C/M Munitz. VOTE: C/M Stein Absent C/M Munitz Aye C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye PASSED 28• Zheppard Plaza ffgXperly McNaB P az o th - Siqn R4j_vp�k -- Tgmp, Reso.#3952 - Discussion and possible action to waive the provisions of the sign ordinance to permit a different style of lettering for Mail Boxes, Etc., USA. SYNOPS U OF„ACTION: APPROVED RESOLUTION NO. R-86-7 PASSED Mr. Henning read Temp, Reso #3952 by title. Florence Bochenek, Chairperson/Beautification Committee, stated the sign was a registered -type sign which the ordi- nance does not permit unless by waiver. The Vice Mayor asked how the sign differed from the others that are there. Ms. Bochenek said in this particular plaza there is script -- type lettering and this particular signage conforms more with a block -type lettering. She said as long as they are willing to go along with the color, which they have agreed to do, her committee is willing to accept a different style of letter- ing. V/M Massaro asked if they indicated compliance with letter size, etc.; Ms. Bochenek said they had so indicated. Ms. Bochenek offered that in the new ordinance more than one style of lettering was permitted. V/M Massaro accepted Ms. Bochenek's recommendation and MOVED the approval of Temp. Reso. #3952 by title. SECONDED by C/M Gottesman. VOTE: C/M Stein Absent C/M Munitz Aye C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye 30. Colony West Country Club - Warranty Bond - T_eMR_. 26 1/2/86 /vdw 1 Reso. #3923 - Discussion and possible action on dis- position of a warranty bond posted for public improve- ments. SYNOPST�;_OF ,ACTION APPROVED RESOLUTION NO. R-86-6 PASSED (See pages 10 & 11) Mr. Henning read Temp. Reso. _13923 by title. Mr. Perretti.stated.that the project was completed this morning and was inspected by the Engineering Department who recommended that the bond be released. V/M Massaro MOVED the ADOPTION of TemR.gesot_,..#3923 on the grounds that the Engineering Department has indicated that the improvements have been completed. SECONDED by C/M Gottesman. VOTE: C/M Stein Absent C/M Munitz Aye C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye REPORTS 33. City Attorney The City Attorney acknowledged receipt of a letter advising that on Tuesday, December 31, 1985, at approximately 2:30 P.m., the refunding issue of the Tamarac Utilities West Revenue Bonds closed in Miami at the office of the City's Bond Counsel, Fine, Jacobsen, et. al. He said the letter indicated the City was well represented, however, as the deadline approached the closing was hampered by delays from the City's Auditor and the underwriters' attorney and recom- mended that this -be avoided in future closings. V/M Massaro asked the rate on the bonds. Mr. Henning said the rate is as contracted which was five and a fraction for the short term; he said one-third of the money was in graduated numbers to about ten years and two-thirds of the money was just over nine percent for the twenty-five year bonds. The City Attorney said the interest rates were identical to the contracted amount as indicated by Smith Barney. The Vice Mayor asked if the bonds were available by anybody. The City Attorney answered the bonds, through the underwriters, are with Smith Barney and Hough & Company and the City did not stipulate that the bonds must be available to the public. He said that stipulation could be discussed for the next issue but stated that he did not know the,pros and cons. The City Attorney concluded that (1) the bonds closed, (2) the underwriters met their commitment on the contract inte- rest rates, and (3) there was an overall savings in the refunding issue - approximately $105,000 over the life of the bonds. He said the purpose of the refunding issue was to change the rate covenant to allow issuance of the new money and the new money should be issued at a lower cost to the user. Mr. Henning said discussion of the ambulance situation would take place in the near future. He advised Council of a notice for a Court hearing regarding a continuation of the Cardinal Industries Tracts 41 and 2 Motion for Contempt with Judge Weissing. scheduled for February 5, 1986 at approximate- ly 1:30 p.m. 32. Acting City.Mansiger Mr. Perretti reported on December 31, 1985 the City curtailed its janitorial maintenance agreement with L & H Office Cleaning. He said they are checking now for additional service and intend to have the service in Monday on a tempo- 27 1/2/86 /vdw rary basis. The City Attorney stated a security problem was resolved by firing the company. 31. City Council - C/M--Stein - Absent C/M Mun'tz - No report. C/M Gottesman - He requested that the City Attorney meet with him next week to wrap up the details concern- ing the Miller & Meier situation. Tape VIM Massaro - She asked Mr. Henning to obtain an up- 7 to -date invoice from Morgan, Lewis & Bockius. The City Attorney said discussion on that would be proposed for the 1/10/86 meeting. May_ol: Kravitz - No report. Mayor Kravitz recessed the meeting at 3:55 p.m. He announced that the meeting will reconvene at 5:05 p.m. with the public hearings. PUBLIC HEARING --- 5:05 P.M. ROLL CALL C/M Stein Absent C/M Munitz Absent C/M Gottesman Present V/M Massaro Present Mayor Kravitz Present 34. Fences, Walls and Hedges - Temp-, Ord. #1214 -- Discussion and possible action to amend Section 6-44 of the Code to provide for new setback requirements for fences, walls and hedges on corner lots in residential districts. First Reading. SYNOPSIS ,OF„ACTION: APPROVED on First Reading Public Hearing held. Mr. Henning read Temp. Ord. #1214 by title. The City Attorney said there was a problem with this ordi- nance from the homeowner seeking a permit or requesting something which gave them the opportunity to review the Code to determine if changes were necessary. He said the subject of this ordinance was fences on single-family lots and typi- cally, it involved approximately 100 feet for a lot barring exceptions. Mr. Henning said Mr. Jahn -had distributed a sketch to give Council an idea of what this entailed; he said typically a fence is permitted on a lot line for the sides and back of a yard. However, the City Attorney said front yards are different. He said on corner houses there is a setback requirement of 7 feet from the side street and the questions were: Whether or not the feet had to be set back for 7 feet the full length of the property line or whether if the purpose was merely for line of site for traffic approach- ing the intersection, if it should just be set back a certain distance from the corner. Mr. Henning said other parts of the Code addressed requirements for front -yard fences and stated that the Code does not permit fences within the front setback area. He reiterated the questions were whether on the side the fence should be permitted along the property line set back from the front or whether it should be inside the property line seven feet along the length of the property line. He said the line of site is 15 to 25 feet from the 28 1/2/86 /vdw intersection depending on the setbacks of the particular residential area. 1 1 The City Attorney said he attempted to insert a paragraph on the previous draft which would state that on a corner lot, no fences, walls, hedges or plantings shall be erected or main- tained within 25 feet of the intersection of the front and side street property lines. He said after discussing the issue at great length with the Planning Commission, he realized that rather than specifying 25 feet, the City already has a 20-foot setback in most residential areas and fences are not permitted in the front setback area. There- fore, he deleted the new language making the new ordinance a repeal of Section 6--44 (b) . V/M Massaro said that was a lot of land to lose when it could be utilized by the children and felt it was wrong. She said she could understand the line of vision whereby a solid or wood fence would be restricted but could not understand restriction on a chain -link fence. The City Attorney said he has no knowledge of anywhere in Tamarac that fenced -in front yards are permitted. Mr. Jahn, Chief Building Official, said the seven -foot issue was located in the Beautification Chapter, Section 6; the Vice Mayor said it should be deleted. The Chief Building Official said the other problem was addressed in Chapter 28 of the Zoning Code and to.accomplish what she wanted, they would have to start over. V/M Massaro suggested they ad- dress the areas where there are children. She said the home- owner should have the benefit of his yard. The City Attorney said the problem he saw with that was that in the past the City has tried not to be a party of the deed restrictions re- garding children and felt if the City did anything, they would do it for everybody. The Vice Mayor reiterated her suggestion that family areas be allowed to fence their yard in and that they should have the benefit of the entire yard. Mayor Kravitz opened the public hearing. Gary Silvers, resident/Sunflower, said the way it was origi- nally written by Mr. Henning and the changes made by the Planning Commission was satisfactory to him because it met all of his desires to eliminate the 7' by 63' piece that he would not be able to use. He said he did not intend to fence in the front portion. Sam Massaro, resident, asked the purpose of the fence being located so close to the corner. He said on his corner it was a one-way out accomplished by making a right turn. Mayor Kravitz closed the public hearing. V/M Massaro MOVED the ADOPTION of Temp. Ord. #1214 as submitted on First Reading and revised on December 27, 1985. SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE 35. Schools and Instructional Classes - TeMp. Qrd. 11212 Discussion and possible action to amend Section 28-171 of the -Code pertaining to definition and list of schools and providing for instructional class uses. First Reading. SYNOP9I.5 OF ACTION: APPROVED on First Reading with direction to City Attorney and Acting City Manager to develop viable solutions Public Hearing held. 29 1/2/86 /vdw Mr. Henning read Temp. Ord #1217 as revised 9/5/85. The City Attorney said under the present Code schools require special exceptions for approval but the problem was that they have not had a good definition of schools. Mr. Henning said they have tried to clarify the definition by use of the phrase "instructional classes" to be different from a school and permitting businesses to conduct classes if related to their business without having to go through the procedures to obtain a special exception. The City Attorney felt it was not the Code's intention to have special exception or prohi- bition against small groups of people meeting for instruc- tion. He referenced the second page, line 21 which states that a business whose primary activity was providing instruc- tion or education for more than 20% of its operating time for the public must adhere to a schedule for the zoning require- ments. These would be specific schools whereby instruction was their business and they would still need the special exception. The City Attorney referenced page 3 which read that businesses using less than 20% of their hours in operation or businesses that use less than 20% of their square footage and were devoted to educational activity in the areas of study related to its primary business activity shall be allowed to conduct such educational activity on the premises in any zoning district in which the business is al- lowed provided that an occupational license for instructional classes is first obtained pursuant to Chapter 14 of the Code. Mr. Henning stated that a hall -for -hire was not addressed in this ordinance; the Vice Mayor said it should be. Mayor Kravitz said he was confused because he had proposed the change for a simple matter where somebody was operating a bridge club and wanted to explain the hands after the evening was over. In order to provide explanation this person was told that this type of ordinance was needed as his explana- tion would fall into the category of school. The City Attorney said the matter was addressed because of requests by other businesses who wanted to offer explanations of their products. The City Clerk informed that she has had a problem for years with issuing licenses because there was not a clear defini- tion of schools. V/M Massaro said she did not feel that a bridge club required a license. Mayor Kravitz opened the public hearing. Barry Eden, resident, said he liked the idea of incorporating halls -for -hire. Mayor Kravitz closed the public hearing. C/M Gottesman recommended the City Attorney review the ordi- nance further. The Vice Mayor MOVED the ADOPTION of Tams, Ord,, #1 117 on First Reading and DIRECTED the City Attorney and Acting City Manager to develop viable solutions. SECONDED by C/M Gottesman. V TE: ALLL_WTED AYE 36. DphQ stery Shops - Tem rd. #1232 - Discussion and possible action to amend Section 28-171 of the Code to permit upholstery shops, under certain conditions in B-1 zoning�distri±fit,. First Reading. SYNOPSIS OF ACTION: APPROVED°on First Reading M.r'Henning read Temp. Ord. 41232 by title. The Vice Mayor asked if the word "assembly" would cause a problem because very often when reupholstery has to be done, they strip the furniture down to the bare frame. The City 30 1/2/86 /vdw Attorney said the intention was to expand the Code to permit renovation and repair of furniture in B-1. V/M Massaro sug- gested that "or assembly" be deleted. 1 1 Mayor Kravitz opened the public hearing. Hearing no re- sponse, Mayor Kravitz closed the public hearing. V/M Massaro MOVED the ADOPTION of Temp. Ord,1232.on First Reading AS AMENDED. SECONDED by C/M Gottesman. VOTE: ALL VOTED_ PAYE Mayor Kravitz adjourned the meeting at 5:45 P.M. MAYOR CITY CLERK This public document was promulgated at a cost of $292.80 or- $ per copy to inform the general public and public of-icers and employees about recent opinions and considerations by the City Council of the City of Tamarac. CITY 4F TAMAP4C APPRROVED AT MEETING OF City Clerk 31 1/2/86 /vdw