HomeMy WebLinkAbout1986-01-02 - City Commission Regular Meeting Minutesr4
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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
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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
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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
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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
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/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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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)
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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_.
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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-
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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
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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.
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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
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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
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