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HomeMy WebLinkAbout1983-01-12 - City Commission Regular Meeting MinutesLORD P.O. E30X 25010 TAMARAC. FLORIDA 33320 FIRST CLASS MAIL CITY OF TAMARAC, FLORIDA CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, JANUARY 12, 1983 CALL TO ORDER: 9:30 A.M. ANNOUNCEMENTS OF TIME ALLOCATIONS - MOTIONS TO TABLE - The Chair at this time will announce those items which have been given a specific time to be heard, and will entertain motions from Counci members to table those items which require research. Council may agendize by majority consent matters of an urgent nature which have come to Council's attention after publication. PRESENTATIONS 1. The Good Old Days Celebration - Presentation of a proclam- 1/12- Pg. 2 n aon ---- -- - -- - by Mayor Falck designating March 7 through March 13, Proclamation 1983, as "The Good Old Days Week". I mailed. BOARDS AND COMMITTEES 2. Recreation Board - Tema. Reso. #2585 - Discussion and possible 1/12 - Pg. 2 action to appoint one member to this committee. Appoint. M.Lyons 3. Beautification Committee - Discussion and possible action on: 1/12 -Pg. 3 a) Acceptance of resignation of Faye Rosenstein as a regular a) APPROVED member and reappointment as an alternate member by Temp. b) ANNOUNCEMENT Reso. #2586. MADE. b) Announcement of one vacancy on this committee. If anyone is interested in serving on this committee, please contact the City Clerk's office for an application. CONSENT AGENDA 4. Items listed under Item #4, Consent Agenda, are viewed to be 1/12 - Pg. 4,5 routine and the recommendation will be enacted by one motion a)thru (h) APPVD in the form listed below. There will be no separate dis- b) TABLED. cussion of these items. If discussion is desired, then the item(s) will be removed from the Consent Agenda and will be considered separately. a) Minutes of 10/27/82 - Regular Meeting - Approval recommended by City Clerk. b) Minutes of ll/l/82 - Reconvened Meeting - Approval recommend- ed by City Clerk. c) Minutes of 11/10/82 - Regular Meeting - Approval recommended by City Clerk. d) Alan F. Ruf - Consulting City Attorney - 1/6/83 - $700.00 - Approval recommended by City Attorney. e) Richard S. Rubin - Consultant City Planner - Services for December, 1982 - $2,100.00 - Approval recommended by City Manager. PAGE TWO f) Williams, Hatfield & Stoner, Inc. - Consulting Engineer -, 9/14/82 - $591.25 - Approval recommended by City Engineer. g) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 12/17/82 - $3,987.12 - Approval recommended by City Engineer. h) Acknowledgment of donation of $500.00 from Woodlands Golf Association for Fire Department Equipment Fund. GENERAL ADMINISTRATIVE/FINANCIAL 5. Tamarac Air Conditioning - Bond Release — Temp. Reso. #2587 - Discussion and possible action to release a performance bond posted for installation of an air-conditioning and heating system at Utilities West Administration Building. 6. SurplusEquipment - Tem. Reso. #2588 - Discussion and possible action to amend Resolution 82-350 which provided for disposal of certain surplus vehicles through sale and an interdepartment transfer of one vehicle. 1/12 - Pg. 5 APPROVED 1/12 - Pg. 5 APPVD. as amended. 7. N.W. 26 Terrace - Tem . Reso. #2595 - Discussion and possible 1/12 - Pg.11,1: action to confirm administrative action to close this street. APPRVD. on lst reading. 8. Proposed Civic Center - Discussion and possible action (tabled 1/12 - Pg.17 From 2 10/82) . TABLED. 9. Proposed Police Facility - Discussion and possible action. 10. Broward League of Cities Business - Discussion and possible action. COMMUNITY DEVELOPMENT 11. Tamarac Jewish Center - Discussion and possible action on: a) Release of a warranty bond posted for public improvements - Temp. Reso. #2591. b) Request for refund of certain fees for: 1) Drainage Improvement and Drainage Retention 2) Installation of fire hydrant (This item is scheduled to be heard approximately 10:30 a.m.) 12. Tamarac Gardens - Model Sales Facility - Discussion and possibl action on renewal of a model sales permit. 13. Ashmont/Kings Point - Model Sales Facility - Discussion and pos sible action to renew a permit for use of the model sales facility at Tamarac Gardens for this project. 14. As mont - Temp. Reso. #2592 - Discussion and possible action on a request for temporary waiver of platting process in order to commence construction of Building C. 15. Kings Point Recreational Complex - Discussion and possible action on: a) Site Plan - Temp._Reso. #2532 b) Landscape Plan c) Water and Sewer Developers Agreement (to be located on the east side of Nob Hill Road, south of NW 77 Street) (tabled from 12/22/82) 1/12-Pg.17, 1� TABLED. 1712 -Pg. 18 Repts. by Mayo: Falck, C/M Dis• raellv. 1/12-Pg.6,7,8 a) APPROVED b) TABLED 1/12- Pg. 14 APPROVED for 6 months. 1/12 - Pg. 14 APPROVED for 6 months. 1/12 - Pg. 14 APPROVED as conditioned. 1/12-Pg.14,15 16. a) , b) , c) APPROVED with conditions. 16. Coral Gables Federal Savings & Loan Bond Release - Temp. Reso. 1/12 - Pg. 9 #2590 - Discussion and possible action to release a warranty APPROVED. bond posted for public improvements. 17. Pan American Bank - Sign Waivers - Temp. Reso. #2593 - Dis-- 1/12 --Pg.16,1' cussion and possible action to waive the provisions of the sign a) & c) APPVD ordinance to allow the following signs: b) TABLED. a) Second sign on the east wall b) Third sign on the west wall c) Drive -up Tellers and Exit sign 18. Central Plaza (3 Lakes Plaza) - Revised Site Plan - Tea. Reso. #2594 - Discussion and possible action on a revised site plan for a septic tank at the sales trailer. PAGE THREE h 1/12 -- Pg. 3 i APPROVED. 19. Woodmont Counter Club - Discussion and possible action to permit a temporary lean-to tent on the south side of the cart barn for the storage of golf carts. 20. Tamarac Plaza (southwest corner of Brookwood Boulevard and McNab Road) - Temp. Reso. #2268 - Discussion and possible action on rescission of parking waiver (tabled from 10/13/82) 21. Northwood II - Model Sales Facility - Discussion and possible action on renewal of a model sales permit and waiver of the 300-foot distance requirement for certificates of occupancy. 22. Springlake II - Discussion and possible action on: a) Revised site plan to reflect project phasing - Temp. Reso. #2401. T b) Amendment to the Water and Sewer Developers Agreement (tabled from 12/22/82) 23. Woodmont Tracts 74/75 - Discussion and possible action on: a) Renewal of a model sales permit in connection with Site Plan No. 1. b) Landscape Plan for Bldgs. B-1 and B--2 for Site Plan No. 1 c) Approval of a model sales permit in connection with Site Plan No. 2 (tabled from 12/22/82) 24. - - p_. _ o. #2589 - Dis- cussion , Inc. Bond Release Temp, Res and possible action to release a warranty bond posted for installation of sidewalks in Woodmont. - - ---- on 04 -Z-82- 5. Queen o the Sea, Inc. - Special Exception Petition #40 Temp.- Reso. #2573 - Discussion and possible action to grant a special exception to allow on --premises consumption of beer and wine in a B--1 (Neighborhood Business) zoning district in conjunction with a proposed restaurant to be located at 6101 N. University Drive (public hearing held 12/22/82). 26. Colony West Country Club - Discussion and possible action on: a) Operation of certain maintenance equipment prior to 8:00 a.m. (tabled from 7/14/82). b) Calling of a performance bond posted for public improve- ments as recommended by the City Engineer - Tem. Reso. #2581 (tabled from 12/22/82). 27. Westwood 7 - Discussion and possible action to install video cable within a canal maintenance easement along Block 370 as requested by American Video Corp. 28. Woodview Tract 3$ - Discussion and possible action on: a) Amendment to the Water and Sewer Developers Agreement. b) Renewal of a model sales permit. 29. Drainage Improvements in the City - Discussion and possible action. PUBLIC HEARING - 5:05 P.M. 30. Amusement Centers Temp. O_rd. #1013 - Discussion and possiblE _ action to amend Chapter 14 of the Code regarding the regulat- ing and licensing of amusement centers and ratification of all other provisions of Ordinance 0-82-55 that are not alterec by this amendment. First Reading. 1/12 - Pg. 4 TABLED. 1/12 - Pg. 8 DENIED. 1/12 - Pg.12 APPVD. 6 r K)s. 1/12 - Pg. 2 TABLED until problems have been resolved. 1/12-Pg. 12, 13 a) APPVD. 6 mo. b) APPVD. with conditions. c) APPVD. 6 mo. 1/12 - Pg. 9 APPROVED. 1/12 -Pg. 3,4 TABLED to mtg. 1/26/83. 1/12-Pg. 2 & 10 a) TABLED b) WITHDRAWN 1/12 -- Pg. 10 TABLED. 1/12 - Pg. 2. TABLED to 1/26/83 mtg. 1/12 - Pg. 19 No Report. 1/12 - Pg. 19, 20, 21 APPROVED, lst reading. PAGE FOUR REPORTS 31. City Council 32. City Manager 33. City Attorney City Council may consider such other business as may come before it. Pursuant to Chapter 80-105 of Florida Law, Senate Bill No. 368; if a person decides, to appeal any decision made by the City Council with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the pro- ceedings is made, which record includes the testimony and evidence upon which the appeal is based. CITY OF TAMARAC Carol A. Evans Assistant City Clerk For informational purposes, following are the residential and commercial zoning districts in the City: R-1 - Single Family Residence B-2 - Planned Community Business R-lB & B-3 - General Business R-lC - One -Family Dwelling B-5 - Limited Business District R-2 - TWO -Family Dwelling B-6 - Business District RD-7 - Two -Family Dwelling S-1 - Open Space/Recreational R-3U - Row House I-1 - Institutional R-3 - Low Density Multiple Dwelling M-1 - Light Industrial RM 5 - Residential Multi -Family Dwelling M-2 - Medium Industrial RM-10 - Planned Apartment A-1 - Limited Agricultural R-4A - Planned Apartment A-5 - Agricultural/Excavation R-5 - Motel/Hotel T-1 - Trailer Park District B--1 - Neighborhood Business I. Hiring Midsouth Engineering for Necessary Work for Presentation) to Broward County on 64th Ave. Removal from Traffic Plan -- Discussion and possible action. i. Mainlands 7 -- Draina e Bill from Solo Construction Co. - Discussion and possible action. Lakeside of Tamarac -- Revised Site Plan for the Size of Units Discussion and possible action. Salary Increase for City Manager -- Discussion and possible action. 1/12-Pg. 1,Agend.. jby Consent. 1/12-Pg. 9,Mayor auth. to c6mplete Worx 64 Ave. by Consent. I It 1/i2,, Pg. 9, TABLE 1/ 12--Pag.l,Agend. by Consent. - 1/12,Py.13 1/12-Pg. 21 APPROVED as of l/l/83 CITY OF TAMARAC, FLORIDA REGULAR CITY COUNCIL MEETING JANUARY 12, 1983 CALL TO ORDER: Mayor Walter W. Falck called the meeting to order on Wednesday, January 12, 1983, at 9:30 A.M. in the Council Chambers. ROLL CALL: PRESENT: Mayor Walter W. Falck Vice Mayor Helen Massaro Councilman Irving M. Disraelly Councilman Philip B. Kravitz Councilman David E. Krantz ALSO PRESENT: Laura Z. Stuurmans, City Manager Jon M. Henning, City Attorney Carol A. Evans, Assistant City Clerk Patricia Marcurio, Secretary Tape MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Falck called for a Moment 1 of Silent Meditation followed by the Pledge of Allegiance. Mayor Falck greeted everyone present and announced the time schedule for specific items. 34. Hiring Midsouth Engineeringfor Necessary Work for Presentation to Broward County on 64 Ave. Removal from Traffic Plan - Dis- cussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. (See Page 9). Mayor Falck said he has received a phone call from the Planning Council concerning 64th Avenue being removed from the Trafficways Program. He said this item is scheduled for public hearing on 1/25/83 and it is his recommendation to authorize Midsouth Engineering to proceed with their work, which should be minimal, to complete that and it would be necessary for the City to have a presentation. V/M Massaro MOVED to Agendize by Consent hiring Midsouth Engineering to do the necessary work to make a presentation before the Commission for the 64th Ave. removal from the Trafficways Program. SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE 35. Mainlands 7 - Drainage Bill from Solo. Construction Company - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. (See Page 9). C/M Disraelly said there is a request from the City Engineer to Agendize by Consent the approval for a change for storm drainage in Mainlands 7 and he so MOVED, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 36. Lakeside of Tamarac - Revised Site Plan for the Size of Units - Discussion and possible action. SYNOPSIS OF ACTION: (See Page 13) . Agendized by Consent. C/M Disraelly MOVED to Agendize by Consent a revised site plan for Lakeside of Tamarac, SECONDED by V/M Massaro. VOTE: ALL VOTED AYE 1 - 1/12/83 /pm 22. Springlake II - Discussion and possible action on: a) Revised site plan to reflect project phasing - Temp. Reso. # 2 4 0 1 . b) Amendment to the Water and Sewer Developers Agreement. (tabled from 12/22/82). SYNOPSIS OF ACTION: TABLED until problems have been resolved. V/M Massaro MOVED to TABLE this item until the problems have been resolved, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 26. Colony West Country Club -- Discussion and possible action on: a) Operation of certain maintenance equipment prior to 8:00 a.m. (tabled from 7/14/82). b) Calling of a performance bond posted for public improvements as recommended by the City Engineer - Temp. Reso. #2581 (tabled from 12/22/82). SYNOPSIS OF ACTION: a) See Page 10. b) Withdrawn from Agenda. V/M Massaro said this bond has been received so that this item can be withdrawn and she so MOVED, SECONDED BY C/M Krantz. VOTE: ALL VOTED AYE 28. Woodview Tract 38 -- Discussion and possible action on: a) Amendment to the Water and Sewer Developers Agreement. b) Renewal of a model sales permit. SYNOPSIS OF ACTION: TABLED to the 1/26/83 meeting at the Petitioner's request. V/M Massaro said the petitioner has requested that this item be TABLED to the next regular meeting, and she so MOVED, SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE 1. The Good Old Da s Celebration - Presentation of a proclamation by Mayor Falck designating March 7 through March 13, 1983, as "The Good Old Days Week". SYNOPSIS OF ACTION: Proclamation will be mailed to the local Agency on Aging. Mayor Falck said this is a Proclamation designating the City's coopera- tion with the Agency on Aging and designating March 7 through March 13, 1983 as "The Good Old Days Week". He said this will be sent to the local. Agency on Aging. 2. Recreation Board - Temp,Reso. #2585 -- Discussion and possible action to appoint one member to this committee. S.YNOPS.IS.OF,ACTION:-. Matthew R. Lyons RESOLUTION NO. R- 5,3-/ PASSED. appointed for a term to expire 5/11/83. Jon Henning read the Resolution by title and C/M Krantz nominated Mortimer Wander for this position. Mayor Falck said this item was included at the specific request of the board to consider the placing of Matthew R. Lyons on the board to fill the vacancy. He said he had served before and is available. C/M Krantz said, in view of the fact that Mr. Lyons is available, he withdrew his nomination. - 2 - 1/12/83 /pm C/M Disraelly MOVED the ADOPTION of Temp. Reso. #2585, Section 1, appointing Matthew R. Lyons as a member of the board with a term expiring 5/11/83. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 3. Beautification Committee - Discussion and possible action on: a) Acceptance of resignation of Faye Rosenstein as a regular member and reappointment as an alternate member by Temp. Reso. #2586. b) Announcement of one vacancy on this committee. SYNOPSIS OF ACTION: a) APPROVED, RESOLUTION NO. R PASSED. b) Announcement made. a) Jon Henning read the Resolution by title and C/M Disraelly MOVED the ADOPTION of Temp. Reso. #2586 accepting the resignation of Faye Rosenstein as a regular member and appointing her as an alternate member. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE b) Mayor Falck announced the vacancy of one position on this committee and anyone interested in serving was requested to contact the City Clerk's office for an application. Mayor Falck said that in his report of his trip to the National League of Cities meeting, he included discussion concerning the applications the City has for volunteers. 1.8. Central Plaza (3 Lakes Plaza) - Revised Site Plan - Temp. Reso. #2594 - Discussion and possible action on a revised site plan for a septic tank at the sales trailer. . SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R=� - PASSED. Wayne Zufelt, agent for the petitioner, said this is only a temporary sales trailer with a temporary septic tank set up for this purpose. Jon Henning read the Resolution by title and V/M Massaro said she wanted it noted that this will be removed but failing to remove it, it will be backfilled to avoid any danger. V/M Massaro MOVED the ADOPTION and APPROVAL of the revised site plan, Temp. Reso. #2594, SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE 25. Queen of the Sea, Inc. - Special Exception Petition 440-Z-82 - Temp. Reso. 42573 - Discussion and possible action to grant a special exception to allow on -premises consumption of beer and wine in a B-1 (Neighborhood Business) zoning district in con- junction with a proposed restaurant to be located at 6101 N. University Dr. (public hearing held 12/22/82). SYNOPSIS OF ACTION: TABLED to the meeting of 1/26/83. Jon Henning read the Resolution by title and Barry Eden, attorney for_ Queen of the Sea, said this was tabled from the last meeting in order to have the landscaping completed. He said the landscaping was done and there were additional trees put in. He said the petitioner is not the owner of this property, the owner lives in California. V/M Massaro said this area will be impacted by the addition of a beer and wine license at this location and she said they should participate in paying $5,000 as a contribution toward that particular traffic light. - 3 - 1/12/83 /pm Mr. Eden said Mr. Gardner would like to contribute something towards this traffic light but $5,000 is more than he can afford. C/M Disraelly suggested that Barry Eden contact the owner of the property concerning this contribution. C/M Kravitz asked how the sum of $5,000 was arrived at and he said he objects to delaying a business operation because of this. V/M Massaro said she is more concerned with the safety and welfare of the people than with a business opening and having this light put in could save people's lives. She said it costs approximately $100,000 to put in this traffic light and they are trying to be reasonable in determining these contributions from those involved. V/M Massaro MOVED to TABLE this item until the next meeting, SECONDED by C/M Disraelly. VOTE: C/M Krantz Aye C/M Kravitz Nay C/M Disraelly Aye V/M Massaro Aye Mayor Falck Aye 19. Woodmont country Club - Discussion and possible action to permit a temporary lean-to tent on the south side of the cart barn for the storage of golf carts. SYNOPSIS OF ACTION: TABLED for a meeting within one month. Al Miller, Chief Building Official, said the Woodmont Country Club requested this temporary lean-to tenton the south side of the cart Tape barn until approximately April 15. He said this tent was put up 2 without a permit and V/M Massaro said Council should recognize that this tent is there but that they should submit a site plan and she wants to see the location. C/M Disraelly said he wants certification that this is fire proof. V/M Massaro said there should be a meeting within one month to determine all factors and she so MOVED. Al Miller said they have installed the electricity but they have not gotten a permit for this. He said they are red tagged and C/M Disraelly said they are in violation since they had no permit when they installed this. C/M Disraelly requested the City Manager take the necessary action on this. C/M Krantz SECONDED the MOTION. VOTE: ALL VOTED AYE 4. Consent Agenda - a) Minutes of 10/27/82 - Regular Meeting - Approval recommended by City Clerk. b) Minutes of 11/1/82 - Reconvened Meeting - Approval recommended by City Clerk. c) Minutes of 11/10/82 - Regular Meeting - Approval recommended by City Clerk. d) Alan F. Ruf - Consulting City Attorney - 1/6/83 - $700.00 - Approval recommended by City Attorney. e) Richard S. Rubin - Consultant City Planner - Services for December, 1982 $2,100.00 Approval recommended by City Manager. f) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 9/l4/82 - $591.25 - Approval recommended by City Engineer. g) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 12/17/82 - $3,987.12 - Approval recommended by City Engineer. h) Acknowledgment of donation of $500.00 from Woodlands Golf Association for Fire Department Equipment Fund. SYNOPSIS OF ACTION: APPROVED Items a) through h), Item b) TABLED. - 4 - 1/12/83 /pm C/M Disraelly MOVED to TABLE Item b)until he can.review these minutes, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE C/M Disraelly MOVED the APPROVAL of Items a) through h) minus b). SECONDED by C/M Krantz. C/M Kravitz asked Item h) be removed for discussion. He said in reference to the donation from Woodlands Golf Association for the Fire Department Equipment Fund, would this be correct to accept this from the City's point of view. V/M Massaro said this has been brought up before and it was determined that as long as the items were acknowledged and used for City purposes, they are acceptable. C/M Disraelly said people have donated chairs, radios, televisions, etc. for use by the men on their off -duty hours and this may be used for commissary equipment. C/M Krantz said this is earmarked for the Fire Department as a Christmas gift and should be accepted. C/M Disraelly repeated his MOTION and SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 5. Tamarac Air Conditioning Discussion and possible posted for installation system at Utilities West SYNOPSIS OF ACTION: APPROVED. -- Bond Release - Tem . Reso. #2587 - action to release a performance bond of an air-conditioning and heating Administration Building. RESOLUTION NO. R PASSED. C/M Disraelly read the Resolution by title and the City Manager said inspection has been made on this installation by members of the Building Department.and found to be in conformance with requirements, therefore, the. Letter of Credit can be released. V/M Massaro MOVED the ADOPTION of Temp. Reso. #2587, SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE 6. Surplus Equipment -- Temp. Reso. #2588 - Discussion and possible action to amend Resolution 82-350 which provided for disposal of certain surplus vehicles through sale and an interdepartment transfer of one vehicle. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R- ��j -� PASSED. (see also page 22 C/M Disraelly read the Resolution by title and the City Manager said this just makes an adjustment in a prior Resolution in that the successful bidder found at the time he was going to pick up certain vehicles that they were not in the same condition as they were at the time he had inspected them, therefore, he did not wish to purchase three of those he initially had requested. She said staff is going to solicit quotes on an open market basis for three additional vehicles, a 1974 Valiant and two 1969 pickup trucks,that are no longer worthy of any type of service. V/M Massaro asked the City Manager if it would be more profitable to let these vehicles go in their present condition or to scavenge them further for parts and the City Manager said it is the opinion of the Public Works Director that the parts that were missing were not scavenged by the City but were taken without authorization. V/M Massaro MOVED the ADOPTION of Temp. Reso. #2588, SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE - 5 - 1/12/83 /Pm 11. Tamarac Jewish Center - Discussion and possible action on: a) Release of a warranty bond posted for public improvements - Temp. Reso. #2591. b) Reauest for refund of certain funds for- 1) Drainage Improvement and Drainage Retention 2) Installation of fire hydrant SYNOPSIS OF ACTION: a) APPROVED, RESOLUTION NO. R-- - `� PASSED. b) TABLED to 1/26/83 meeting. a) C/M Disraelly read the Resolution by title and V/M Massaro MOVED the ADOPTION of Temp. Reso. #2591, SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE Sol Shulman, President of the Tamarac Jewish Center said he feels they are entitled to a refund on the fire hydrant installation and he was Building Chairman during the inspection of the Tamarac Jewish Center. C/M Disraelly suggested that discussion be on Item (1) of b), Drainage Improvement and Drainage Retention. b) (1) Morris Glicksman, Chairman of the Legal Committee of the Tamarac Jewish Center, said the Board of Directors of Tamarac Jewish Center believe that the City has imposed an illegal tax on the Temple in the amount of $3,233.60 in the form of an Impact Fee or Drainage Improvement Fee. The City rendered no service to the Temple for this amount and they feel it is an outright tax. He quoted a portion of Ordinances 79--47 and 80-26 and he said the Temple's property consists of 1.72 acres and the monies the Temple paid were put into the Parks and Recreation Fund. He said it is well established that a religious organization is exempt from all taxes, not only property and sales but income and utility as well. He said FP&L refunded $1,300 to the Temple when it was brought to their attention. V/M Massaro said the facts Mr. Glicksman has presented should be researched by the City Attorney with a memo from him to be brought back to the next Council meeting for further review. C/M Kravitz said he cannot see any reason to delay this since this has been going on almost one year. V/M Massaro pointed out that the City Attorney has only been with the City a relatively short time and needs more time to review this. She said the City has no right to give away public funds until the City Attorney counsels them that they are correct in doing so. Jon Henning said that in the research he has done so far he has not found that these fees are factors and there is a difference between being tax exempt and tax supportive. He said the City does not want to deny the Temple any of the exemptions that they are entitled to. C/M Krantz said he was involved in the building of the Temple and he felt this should be resolved as soon as possible. Mayor Falck asked Mr. Henning if he were in a position today to indicate to Council that they have no responsibility or liability of misuse of public funds if they make this refund and Mr. Henning said he is not in a position to make this determination today. V/M Massaro MOVED that this Item be TABLED to the next regular meeting. At that time the City Attorney will have a report and recommendation on or before the Pre -Agenda Meeting. Mr. Lieber, member of the Tamarac Jewish Center, said the law recognized that an impost is levied for services rendered and if there are no services rendered than it is considered a tax. C/M Disraelly SECONDED. - 6 - 1/12/83 /pm VOTE: C/M Krantz Nay C/M Kravitz Nay C/M Disraelly Aye V/M Massaro Aye Mayor Falck Aye b)(2) Mr. Glicksman said the Temple has four fire hydrants. He said in 1976 the City compelled the Temple to install a third hydrant on Tape the east side of the facility and the fourth hydrant installed is 3 on the west side of the facility. He said the Council refunded the third hydrant to the Temple in 1977 and he asked Council to do this now for the fourth hydrant. He said a precedent has already been set by the City refunding other religious organizations monies, in 1977 the City gave.All Saints Lutheran .Church.a waiver on installing a fire hydrant and on 2/11/81 the City granted a'waiver of the fee to St. Malachy's Church. V/M Massaro said she can find no record of the City refunding St. Malachy's Church anything but they did pay the fees for the inspectioi of the fire hydrant. Mr. Glicksman said an attorney was not needed to waive this fee.. The City Manager said this has been researched but, apparently, the fee that had been waived was the fee for a carnival. V/M Massaro said the City did not.own Tamarac Utilities at that time and did not charge for a fire hydrant but they had to pay the City inspection fees. V/M Massaro asked Bob Foy, the Assistant City Engineer�if that fire hydrant was necessary according to the City Code. Mr. Foy referred to the site plan which was displayed on the board which was for the last addition for the Jewish Center and it indicates an area of the proposed building that was beyond the prescribed 300' of the Code, therefore, a hydrant was required there to cover this area. Mr. Glicksman said when they were compelled to put the hydrant on the east side, the City Engineer could have suggested that the hydrant be put near the center of the building and then a fourth one would not have been needed. Mr. Glicksman referred to a letter from the City Engineer dated 7/7/81 concerning the fire hydrant which had been turned off because of a leaking condition. The City Engineer suggested the Temple contact the contractor that installed the hydrant for repair so that it could be placed back in service. Mr. Glicksman said he feels it is a requirement for the City or the Fire Department to repair those things. V/M Massaro said the fire hydrant does not become part of the City until one year after it is installed. C/M Disraelly said on 2/9/77 in the discussion of St. Malachy's* Church, when a waiver of platting was requested, the Motion was to recommend the waiver of platting subject to one of the conditions which was the fire hydrant. On 2/23/77 it was Moved that the appli- cation for the waiver of platting be granted without the fire hydrant being installed. He said the fee that was waived was for a carnival that St. Malachy's Church was having. He said the Fire Chief and the City Engineer were doing their jobs by reguiring that a hydrant must be installed which will cover the 300 feet, however, these hydrants will also serve other developers that will be coming along. He said the City Code provides that a developer may be required to construct off - site facilities which are applicable to other undeveloped property in order that such facilities may be constructed to serve the developer's property. C/M Disraelly said the Code also says, "the agreement shall provide for a plan of refund based on the connection of other properties which will be served by the off -site facilities installed by the developer". He MOVED that the cost of the hydrant be refunded and the City will recoup those costs at the time of development by property owners adjacent to 91 Ave. on the east and adjacent to the two hydrants on the south side of 57th St. - 7 - 1/12/83 *Editor's Note - Should be All Saints Lutheran Church /pm C/M Disraelly continued his MOTION, that the pro rata charges for the future developments of both properties will be benefited by those hydrants that are involved. As far as the sum of money is concerned, there is a question, if the builder or engineer for the Temple meets with the City Engineer through the offices of the City Manager they can make a determination as to the exact amount of the refund that should be given to the Temple, it shall be the figure that they agree on. SECONDED by C/M Krantz. V/M Massaro asked what the Temple's portion of the contribution towards that hydrant would be. Mr. Shulman said the hydrant was ...never needed since the Temple moved the standpipe at the request of the Fire Department and this could be used to cover any area. Bernie Simon, Fire Chief, said the reason the standpipe was moved was that on the original site plan, the doors are not shown and the main exit door on the west side opened where that siamese would have been charged in the event of using that sprinkler system. He said it would have curtailed the use of that exit door and this is why it was moved. V/M Massaro asked the Fire Chief if this hydrant was necessary and he answered yes. C/M Kravitz suggested amending the MOTION to read "Not to exceed $6,000", this was the amount requested by the Temple. C/M Disraelly said this is agreeable. Jon Henning said it would be helpful for the record to have Bob Foy circle the fire hydrant on the site plan that is being discussed. C/M Disraelly clarified the record to show they are referring to the hydrant on the north side of 57th St. west of 91 Ave. VOTE: ALL VOTED AYE C/M Kravitz MOVED to Agendize by Consent a one year extension for the roof screening. C/M Disraelly asked Mr. Shulman to verify that they have discussed this and that there will be wind turbines on the top of those pipes within the week which will avoid a violation of the Code. V/M Massaro said she would like to see an Ordinance passed that would permit existing buildings but not allow new buildings to be constructed with this problem. C/M Kravitz's MOTION died for want of a SECOND. C/M Disraelly said that based on this situation he has asked the City Planner to change the Ordinance which currently says,"does not apply to wind -driven turbines". This should be revised to say, "or where it is used by power ventilation". C/M Kravitz had an Ordinance prepared by the City Attorney and V/M Massaro said this should be reviewed further and this will be discussed at the next regular meeting. 20. Tamarac Plaza (southwest corner of Brookwood Boulevard and McNab Road Temp. Reso. #2268 - Discussion and possible action on rescission of parking waiver (tabled from 10/13/82). SYNOPSIS OF ACTION: DENIED. Jon Henning read the Resolution by title and C/M Disraelly said this Resolution was written last June because the conditions for the limited waiver of parking, which was granted on 4/14/82,had not been complied with within the time limit established. He said all of the work that was required for the placement of the hedge on Brookwood Blvd., the removal of two trees, the placement of parking lot lights within the standards of the City have all been completed. He MOVED that this Resolution rescinding the limited waiver be DENIED, SECONDED by V/M Massaro. VOTE: ALL VOTED AYE - 8 - 1/12/83 /pm 24. Montwood, Inc. - Bond Release - Temp. Reso. #2589 - Discussion and possible action to release a warranty bond posted for installation of sidewalks in Woodmont. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R -- ?3 •• —PASSED. Jon Henning read the Resolution by title and V/M Massaro MOVED the ADOPTION of Tem2. Reso. #2589, SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE 16. Coral Gables Federal Savings & Loan - Bond Release - Temp. Reso. #2590 - Discussion and possible action to release a warranty bond posted for public improvements. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R .. 9,T -9 PASSED. Jon Henning read the Resolution by title and C/M Disraelly MOVED the ADOPTION of Temp. Reso. #2590 based on the report from the City Engineer. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 34. Hiring Midsouth Engineering for necessary work for presentation to Broward County on 64 Ave. removal from traffic plan - Dis- cussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. (See Page 1). Mayor Falck was authorized to engage Midsouth Engineering for work on 26th Terrace, 64th Avenue and 44th Street. Mayor Falck said it is most important to have Midsouth Engineering complete their work and update the traffic plan. He said the 64th Ave. removal from the traffic plan as it relates to the traffic ways program will be publicly heard on 1/25/83 by the Planning Council. Mayor Falck said the staff has recommended that the City's petition Tape be denied. V/M Massaro MOVED that Mayor Falck be authorized to 4 engage Midsouth Engineering at a fee not to exceed $3,000, SECONDED by C/M Disraelly. V/M Massaro added to the MOTION that the Mayor add Midsouth to handle both 26th Terr., 64th Ave. and 44th St. and he will determine an upset figure after he has spoken to them. VOTE: ALL VOTED AYE 35. Mainlands 7 - Drainage bill from Solo_ Construction Co. Dis- cussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. (See Page 1). TABLED until the City Engineer requests that it be agendized again. V/M Massaro said the work is not ready to be approved for payment, therefore, she MOVED to TABLE this Item until the City Engineer requests that this be agendized again. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE MAYOR FALCK RECESSED THE MEETING FOR LUNCH UNTIL 1:30. MEETING WAS CALLED TO ORDER AT 1:30 AND ALL WERE PRESENT. - 9 - 1/12/83 /pm 26. Colony West Country Club - Discussion and possible action on: a) Operation of certain maintenance equipment prior to 8:00 a.m. (tabled from 7/14/82). b) Calling of a performance bond posted for public improvements as recommended by the City Engineer - Temp. Reso. #2581 (tabled from 12/22/82). SYNOPSIS OF ACTION: a) TABLED to 1/26/83 meeting, b) WITHDRAWN from the agenda. (See Page 2) . b) Mayor Falck said this was removed from the agenda in the morning. a) V/M Massaro said she met with representatives of Sands Point and it was decided there was a possibility that the City could correct this situation and maintain the necessary portion needed to run a golf course properly. She said it will be necessary to meet with the Colony West representatives and she MOVED to TABLE this for the next regular meeting so that they can arrive at an amicable con- clusion to this problem. SECONDED by C/M Disraelly. V/M Massaro asked if the morning of Tuesday, 1/18/83 would be agreeable and they all agreed. C/M Kravitz asked if this was a committee set up for this purpose and how Oscar Tucker became involved. Bernie Hart, member of the Presidents Council, said the matter was brought up at one of their meetings and it was decided to refer this to the Presidents Advisory Committee for consideration and Oscar Tucker is the Chairman of that committee. V/M Massaro said she would like Mr. Tucker to be present at this scheduled meeting also. Irving Epstein said he would like to be part of this meeting also and V/M Massaro said those already involved felt it could be resolved better with a smaller number of people. Mayor Falck said this will be on the agenda when Council is prepared to act on this. VOTE: ALL VOTED AYE 27. Westwood 7 -- Discussion and possible action to install video cable within a canal maintenance easement along Block 370 as requested by American Video Corp. SYNOPSIS OF ACTION: TABLED. Jon Henning said there is a franchise Ordinance #73-36 which started the franchise with American Video, and on Pages 10 and 11, Section 8, Line 10, "the amounts of such insurance" refers to a requirement in this franchise that there be an -insurance policy for one million dollars covering the City for the activities and liabilities, etc. that may result directly or indirectly from the operation of American Video. He said he was prepared to advise Council that this policy was in affect and would be sufficient for this agenda item, however, in checking with the City Clerk's office, the latest certificate of insurance for this million dollar policy expired in 1975. Mr. Henning said before Council proceeds it siioula be established that American Video's obligation to this insurance is up--to-date. V/M Massaro suggested that until this is reviewed further, Council not accept a new insurance policy nor ask for it and that they not be given permission to do any digging anywhere since it appears that they might be in default. She said, if they are, some changes should be made to the franchise that the City has with them. V/M MOVED to TABLE this Item, SECONDED by C/M Krantz. V/M Massaro said Mr. Henning should be instructed to send a letter to them telling them to refrain from making any further cuts until this item is resolved. VOTE: ALL VOTED AYE - 10 - 1/12/83 /pm Temp. Ord. #1015 7. NW 26 Terrace Discussion and possible action to confirm administrative action to close this street. SYNOPSIS OF ACTION: Temp. Reso. #2595 was changed to Temp. Ord. #1015 and APPROVED on first reading. Mayor Falck said Temp. Reso. #2595 was changed to Temp. Ord. #1015. Alan Ruf, Consulting City Attorney, distributed copies of this Ordinance and a Traffic Access and Circulation Study prepared by Midsouth Engineering Co. Alan Ruf said Council,as well as the residents of Tamarac LakesSouth, are concerned about the access that is being asked by a developer in the City of Oakland Park to NW 26 Terr. which is a 20' wide roadway built at the time that development was built, late in the 1960s. Mr. Ruf said the plat was approved in 1966 and he showed the location on a map. He said it provides access from the nearby residences to the access road and it terminates at the southerly boundary of the City. He said south of this lies the Tamarac County Club and there is rumor of a potential single family development of approximately one hundred homes. He said they will have access to this development from Prospect Road through the golf course parking lot, however, they are requesting a major access from this development through this street to the access road. Mr. Ruf said over the past two years there have been a series of complaints by the residents that live there about the potential influx of service and construction vehicles and vehicular traffic if this access is made available. He said about two years ago the City erected a barrier across the southerly portion of this road and also one that blocked east and west access and this barrier has been removed and there is access available from Prospect Road. He said the City is involved in a law suit which has been pending for approximately two years. The owners of the property to the south have asked the court to declare that this barrier should be taken down so that access can be available to the residents of the City of Oakland Park through this 20' wide right-of-way. Mr. Ruf said these are the older sections of the City and the streets are only 20' wide. He said the City has asked the City's consultants to prepare a trafficways study which has been prepared and distributed to Council today. He pointed out that this was agendized as a Resolution and should be changed to an Ordinance. C/M Disraelly MOVED to change Temp. Reso. #2595 to Tem . Ord. #1015, SECONDED by V/M Massaro. VOTE: ALL VOTED AYE Mr. Ruf read the Ordinance in its entirety and he said on Page 2, the first paragraph in Section 2, the words "12.feet north from" should be removed. Mr. Ruf read the conclusion of the trafficways study on Page 8 which stated that based on their study it would be undesirable to allow Golf -Tam Village traffic to utilize streets within Tamarac Lakes South. It is Midsouth Engineering's opinion that the City of Tamarac is justified in maintaining the barrier they have erected to ensure that this does not occur. Mr. Hannan, resident of Tamarac Lakes South said he and his neighbors were concerned about traffic in this area. V/M Massaro MOVED the ADOPTION of Temp. Ord. #1015 on first reading authorizing the erection of a barrier at the southerly terminus of NW 26 Terrace, SECONDED by C/M Disraelly. 1/12/83 /pm Mayor Falck requested that Alan Ruf call Mr. Dunne concerning the drainage into the lake and Mr. Ruf said he would take care of this. VOTE: ALL VOTED AYE Tape 5 21. Northwood II - Model Sales Facility - Discussion and possible action on renewal of a model sales permit and waiver of the 300- foot distance requirement for certificates of occupancy. SYNOPSIS OF ACTION: APPROVED for 6 months from 1/14/83 and waiver of the 300' distance requirement. C/M Disraelly said the fees have been paid and he MOVED that they be granted a 6 month extension from 1/14/83 and that the 300-foot waiver still apply. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 23. Woodmont Tracts 74/75 - Discussion and possible action on: a) Renewal of a model sales permit in connection with Site Plan No. 1. b) Landscape Plan for Bldgs. B-1 and B-2 for Site Plan No. 1. c) Approval of a model sales permit in connection with Site Plan No. 2 (tabled from 12/22/82). SYNOPSIS OF ACTION: a) APPROVED for 6 months from 1/12/83, b) APPROVED with conditions, c) APPROVED 6 month permit effective 1/12/83 with 300-foot waiver with conditions. a) Julian Bryan, representing Rissmont, said this was Tabled at the last meeting and during the discussion, it was determined that the request for model sales permit for Site Plan No. 2, which is Item c), should be Tabled and considered today so that there could be one anniversary date for both model sales permits. C/M Disraelly said the expiration date for Plan 1 is 1/12/83 and he MOVED the APPROVAL since the fee of $875.00 has been paid and they are current with payment under the new Agreement, for 6 months from 1/12/83 for Site Plan No. 1, SECONDED by C/M Krantz. Mr. Bryan asked Mr. Henning if the 300-foot distance requirement must be agendized for discussion and Mr. Henning said when the model sales permits are renewed Council should acknowledge any conditions or exceptions that were made originally are also renewed with the permits. He said this should not require a separate agendizing and Mr. Bryan said they would request the waiver of the 300-foot distance requirement. C/M Disraelly MOVED the APPROVAL of the 6 month extension for Site Plan No. 1 and approval of the 300-foot waiver effective 1/12/83. SECONDED by C/M Krantz. C/M Disraelly amended his MOTION for 6 months for Site Plan No. 1 and then they must come in with a written request for review of the 300 foot distance requirement. VOTE: ALL VOTED AYE b) Julian Bryan said this landscape plan was reviewed by the Beautification Committee and the major part is the cataloging of the number of trees that are existing that will be saved to determine if any additional trees would be required. He said they need 28 trees and have 50. C/M Disraelly said the Beautification -Committee approved this plan on 12/26/82 and he MOVED the APPROVAL of the Landscape Plan for Bldgs Bl and B2, SECONDED by C/M Krantz. - 12 - 1/12/83 rpm C/M Disraelly amended his MOTION approving the Landscape Plan for Bldgs. B1 and B2 as approved by the Beautification Committee on 12/26/82 including the sod to the edge of the payment in all areas, rust -free irrigation must be used and the applicant must submit a plan for the Clubhouse on Site Plan No. l prior to receiving a building permit. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE c) Julian Bryan said this is the other part of Item a) so that they will have the same anniversary date. H� said they paid an additional fee for this one and they did specifically request a waiver of the 300- foot rule inasmuch as the balance of that model building would be within the 300-feet. C/M Disraelly MOVED to grant a 6 month permit for a model sales office,effective 1/12/8.3, and that before a CO is issued for any unit in that building, the Chief Building Official have a letter from the unit purchaser acknowledging the fact that there is a model sales office unit in the building prior to the issuance of the CO within the 300-foot restricted model sales area. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 36. Lakeside of Tamarac - Revised site plan for the size of units - Tem2. Reso. #2596 - Discussion and possible action - SYNOPSIS OF ACTION: Agendized by Consent. RESOLUTION NO. R1/a2 PASSED. (See Page 1). APPROVED with conditions. Richard Rubin congratulated Mayor Falck for becoming Chairman of the South Florida Regional Planning Council and V/M Massaro and Council concurred. Richard Rubin said the applicant feels the existing units that were approved by the City were too small in order to meet the needs of the clientele. He said the applicant has instructed the architect to revise the site plan by 5' making each unit length 125' extra in each unit. He said this has been reviewed by staff and they recommend approval. He said they assured the City they will be including additional landscaping and they agreed to up to 10% of the original amount of the trees shown on the plan. V/M Massaro said she had asked that the plan show trees or shrubbery as might be determined at a future date with another site plan which must come back to Council. Richard Rubin referred to Page 4 of the Development Review Status Sheet, stating that parking lot lighting shall be submitted with that revised site plan and must be according to Code. Florence Bochenek- Chairman of the Beautification Committee, said they are not just interested in trees in this area but also the addition of shrubbery. C/M Disraelly said the Beautification fees would have to be paid before a permit can be issued. Mx. Bryan said their major concern today was that the enlargement of the units would be approved so that they could proceed with architectural drawings. Richard Rubin said all fees were paid before the plat was recorded and the only outstanding fees are for Beautification which are not included on.this revised.s.ite plan. V/M Massaro MOVED that the revised site plan be APPROVED subject to. a new Beautification Plan being presented which will be first approved by Dick Rubin and then to the Beautification Committee and to Council for their approval which will include up to 10% of the original required beautification. No permit can be issued and they must submit an estimated cost sheet for the required beautification and that no building permit or permit of any kind be issued until this is done and the fees for the beautification inspections be paid. They must comply with parking lot lighting and dumpster regulations per City Code. SECONDED by C/M Disraelly and he read the Resolution by title. VOTE: ALL VOTED AYE - 13 - 1/12/83 /pm 12. Tamarac Gardens - Model Sales Facility - Discussion and possible action on renewal of a model sales permit. SYNOPSIS OF ACTION: APPROVED for 6 months from 1/27/83. C/M Disraelly said the model sales expire 1/27/83 and Sheila Wolken's memo states the fees are current. He MOVED the APPROVAL of a 6 month Tape extension of the model sales permit from 1/27/83. SECONDED by V/M 6 Massaro. VOTE: ALL VOTED AYE 13. Ashmont/Kings.Point - Model Sales Facility - Discussion and pos- sible action to renew a permit for use of the model sales facility at Tamarac Gardens for this project. SYNOPSIS OF ACTION: APPROVED for 6 months from 1/31 83. C/M Disraelly MOVED the APPROVAL of the model sales facility renewal for 6 months from 1/31/83. SECONDED by C/M Krantz. 1vLo➢Ylm ALL VOTED AYE 14. Ashmont -- Temp. _Reso. #2592 - Discussion and possible action on a request for temporary waiver of platting process in order to commence construction of Building C. SYNOPSIS OF ACTION: APPROVED as conditioned. RESOLUTION NO. R - S?3 -(b PASSED. Jon Henning read the Resolution by title and V/M Massaro said they are agreeing to the standard Hold Harmless and License Agreement and approval would be subject to them posting a cash bond in the amount of $15,600 for demolition,if necessary, by the City. She MOVED that permission be granted subject to them posting this cash bond for $15,600, SECONDED by C/M Krantz. Jon Henning suggested that the MOTION be amended and there be a Section 3 (c) reading "this authorization is given only for the stage of - construction up to and including completion of the first floor slab". V/M Massaro accepted this amendment as part of the MOTION, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 15. Kings Point Recreational Complex -- Discussion and possible action on: a) Site Plan - Temp.Reso. #2532 b) Landscape Plan c) Water and Sewer Developers Agreement (to be located on the east side of Nab Hill Road, south of NW 77 Street) (tabled from 12/22/82). SYNOPSIS OF ACTION: a) APPROVED with RESOLUTION NO. R--73 - PASSED. conditions, b) and c) APPROVED with conditions. a) Jon Henning read the Resolution by title and Richard Rubin read the conditions of approval as stipulated on the Resolution: 1. The facilities located in Parcel E are eliminated from the site plan. If the revised site plan application is submitted by the developer for Parcel E prior to 6/30/83, the present zoning Ordinance in effect on 1/12/83 shall prevail. 2. Place a row of trees 30' on center along the north right-of-way line of the maintenance easement, the full length of the canal and Payment of Beautification fees is required. - 14 - 1/12/83 /pm 3. Fees and bonds are to be paid 4. All stages of the development 12/31/88 or the site plan is portions of the property. for each stage of the development. must be under construction by. null and void for the undeveloped V/M Massaro said what they had stated at an earlier meeting was that all phases of this development would be under construction and,on Parcel A, they would have taken a building permit by that date and then the South Florida Building Code would control it from that point. She said this is how this should be written. She said they intend to build the other parcels before A. Marty Riefs, representative for Lennar Corp., said Council has previously approved the landscaping of the medians and they are in the process of doing that now. He said they are installing St. Augustine grass and this will be under their maintenance on 100th Ave. V/M Massaro asked Mr. Riefs about the median curbing, backfilling and sodding and Mr. Riefs said that under the Stipulation they do not address the responsibility for maintaining the medians but they had requested Council's approval of landscaping these medians and taking on the obligation to maintain them. He said as the property develops, they will be required to seek Council's approval for landscaping other areas and providing for the landscaping of these. V/M Massaro said this is why the City specifiesplanting with bahia grass to insure easier maintenance of these medians and the City would only accept responsibility of maintenance if bahia grass is planted. V/M Massaro said the extruded curbing of medians requires backfilling and planting of bahia grass to avoid an insect problem and there should be a couple of trees in each median. Marty Riefs said he appreciated V/M Massaro's comments and they would be taken under consideration concerning the other medians. Mr. Riefs said on Nob Hill Rd. their obligation is for curbing on both sides and landscaping as well as the maintenance obligation. Richard Rubin said the fees required at this time are $500 ERC Review Fee for the 10 ERCs. He said they have paid Drainage Retention Fees based upon the stipulation that is not required and the Landscape Fee is not required at this time either. Mr. Rubin said originally the correct amount for Beautification was $1,331.85 for Phase 1. He said the additional 10 trees required along the canal would be $74.75 for a total of $1,406.60. V/M Massaro MOVED APPROVAL of Temp_. Reso. #2532 with the additional conditions included on the Resolution with the revision in Section D, Subsection 1, the second line shall read, "revised site plan application is submitted and the minor revised site plan fee is paid". She said this is subject to the applicant submitting the covenant as required and indicated in their letter of 12/17/82, requiring. -them to maintain the medians -at Nob Hill Rd. a/k/a 100 Ave. She said the curbing on 77th St. is to extend from the east end of their property to the extreme end at Nob Hill Rd. The curbing is to be backfilled and planted with bahia grass, sprinklers, and with trees not less than 50' apart. Marty Riefs said their obligation under Stipulation #9 is to provide for the curbing of the medians.as indicated on both sides going to Nob Hill Rd. He said at the appropriate time they will discuss the landscaping of those medians but it is not relevant to the approval of this site plan. C/M Disraelly said the details on the attached Exhibit shows that this will be backfilled and planted with grass. V/M Massaro continued her MOTION: the canal is to be excavated to the property line, if, not already done so, with the slope to be on their property. She said the estimated cost sheet for beautification for on -site and off -site fees must be paid before any permit is issued on the required beautification. Frall.future stages of this approved site plan, fees and bonds will be required as per Code. SECONDED by C/M Disraelly. VOTE: - ALL VOTED AYE - 15 - 1/12/83 /pm b)C/M Disraelly said the Landscape Plan has been approved by the Tape Beautification Committee and it has been agreed that they will 7 have additional trees planted on the north side of the parking lot in the 20' canal easement between the parking lot and the canal. There will be 10 trees in addition to the Landscape Plan that has been submitted and approved. C/M Disraelly MOVED the APPROVAL of the Landscape Plan as approved by the Beautification Committee and the addition of trees 30' on center along the canal easement. SECONDED by V/M Massaro. VOTE: ALL VOTED AYE c) Jon Henning said he reviewed the Water and Sewer Agreement and there are changes in Pages 3 and 5 which refer to 10 ERCs as opposed to 11 ERCs and the reason for that change is that the 1 ERC was taken out which would have been for the head -end phase for the cable TV which was taken off the site plan. He said a minor change on Page 1 in the description of the location which states "portions of Tract 33 and 34" and Mr. Henning suggested on the final copy it should say "on NW 77 St. east of NW 100 Ave.". He said this property has not yet been platted with the County and the provisions of the form agreement, which was approved several weeks ago, state that there will be one year from date of approval for the guaranteed revenues to begin. Marty Riefs gave the Assistant City Clerk a check for the 10 ERCs in the amount of $9,580. Jon Henning said there are two provisions for guaranteed revenues, 6 months until the property is platted and one year from the effective date if the property is not yet platted. He said the property is not yet platted with the County so they get one year under the City's rules. He said if the property is platted before this 11th ERC is added, their concern is that the llth ERC will also come due one year from today instead of 6 months from the platted date because it will have been platted. Mr. Henning said that Mr. Riefs and he agreed that if Council would agree, 10 ERCs with guaranteed revenues being effective one year from today and if they added one more ERC,which is only $10 per month, that should be due the same day the other 10 are. V/M Massaro said she is satisfied to Dave that in the MOTION but it appears that the applicant will be paying the minimum fee before the year is up. Mr. Henning said they hope to.have an agreement on this by the middle of March or sooner. V/M Massaro MOVED the APPROVAL of the Water and Sewer Agreement with the understanding that if the head -end building plans are approved within the time defined in the Resolution that the guaranteed revenues will begin at the same time as indicated in this Water and Sewer Agree- ment. SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE V/M Massaro requested that the City Manager inform the appropriate people that until a covenant is approved by the City Attorney and the City Manager no permits will be issued. Laura Stuurmans said she will take care of this. 17. Pan American Bank - Sign Waivers - Temk; Reso. #2593 Discussion and possible action to waive the provisions of the sign ordinance to allow the following signs: a) Second sign on the east wall b) Third sign on the west wall c) Drive -up Tellers and Exit sign SYNOPSIS OF ACTION: a)and c) APPROVED, RESOLUTION NO. R - PASSED. b) TABLED to meeting of 1/26/83. - 16 1/12/83 /pm a) Jon Henning read the Resolution by title and C/M Disraelly MOVED APPROVAL of this sign, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE b) C/M Disraelly referred to the blackboard to show Council that this is an unusual case because of the shape and location of this building and he felt a precedent could be set by permitting this. Florence Bochenek, Chairman of the Beautification Committee, said because of the unusual shape of the building, she feels it would not detract from the appearance of the building. Ray Baade, member of the Beautification Committee, said he opposed the waiver because he feels it is readily recognized as a bank building. Harold H. Newman, resident of Section 23, said he agrees with C/M Disraelly that this could start a precedent. V/M Massaro said there are several places in the City where there are stores that are very difficult to see and this building is a very different shape and she suggested the same criteria be applied but perhaps a smaller sign could be put there. Florence Bochenek suggested tabling this item for further review. C/M Krantz MOVED to TABLE this to the next meeting. SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE c) C/M Disraelly MOVED APPROVAL of these signs by the waiver with brown wood and white letters. SECONDED by C/M Krantz. V/M Massaro expressed the need for criteria for sign colors in all shopping centers. C/M Disraelly said the building criteria is established as beige and red lettering throughout the center. C/M Disraelly reiterated his MOTION that the two drive -up tellers and the exit sign as presented to Council be APPROVED. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE C/M Disraelly MOVED that Temp. Reso. #2593 approving waivers to the sign Ordinance be APPROVED. In Section 1,A, Second sign on the east wall be APPROVED, C, Drive -Up Tellers and Exit signs be APPROVED, and with Item B, Third sign on the west wall be TABLED. SECONDED by C/M Krantz. Jon Henning suggested deleting B and renumber as C. VOTE: ALL VOTED AYE 8. Proposed Civic .Center - Discussion and possible action (tabled from 2/10/82). 9. Proposed Police Facility - Discussion and possible action. SYNOPSIS OF ACTION: Workshop meeting was scheduled for Friday, 1/21/83 at 1:00 p.m. for further discussion. Mayor Falck requested combining discussion of both Items 8 and 9. He said this has been discussed several times and they were awaiting comments from.the City Engineer and the City Planner which have not as Yet been received. He said the Police Chief has commented on space problems affecting his maintaining a well -organized facility. He said he has provided Council with memos concerning his feelings about these proposed facilities and he questioned how Council wanted to proceed on this. C/M Kravitz said he has been assigned by the Mayor to research these proposed facilities and he suggested a Workshop Meeting on this. V/M Massaro said everyone on Council agrees there is a definite need for both a Police facility and a Civic Center. - 17 - 1/12/83 /pm V/M Massaro said it has been determined by Council in the past that the location for these facilities would be at 88th Ave. where the Fire Station is located. She said the City has 14 acres of land there which would be adequate and the Police Facility is the top priority. She said a Workshop Meeting should be arranged at once. She said the Police Facility would have to go to a bond issue because of the amount Tape of money involved. 8 V/M Massaro said there is also a need to move the Public Works facility from its present location. C/M Disraelly said he agrees that the Police Facility must have top priority. He said concerning the bond issue to which the City would have to go, the City is fortunate in that they have put aside funds for Capital construction which now amounts, with interest that has been generated, to approximately $1,300,000, which would reduce the amount of the bond issue to which the City would have to go. He said the City is fortunate in that they have only one bond issue, which is probably the lowest capitalized bond issues of any of the cities in the west, with less than $600,000 as the total bond issues. V/M Massaro suggested Council consider all aspects of the Community Center being built for the amount of money that the City already has in escrow rather than going to a referendum which might cause further delays. She suggested Council members consider what they would like to see put into the first phase of a Community Center before the Workshop Meeting so that they could give positive input. Mayor Falck said he will send his memo of 1/3/83 to Council and he scheduled the Workshop Meeting for Friday, 1/21/83 at 2:00 p.m. 10. wa q e f Cities Business - Discussion and possible action. Browar Lea ue o ...i zes Busin-.-� SYNOPSIS OF ACTION: Mayor Falck and.C/M Disraelly-gave a brief report. C/M Disraelly said Council has received a copy of the 1983 Legislative Policy Statement and a letter from the Florida League of Cities dated 12/29/82 regarding the committee for the study of the construction industry. He said Council should recognize this and oppose many of the things included. Mayor Falck said there will be a meeting Thursday, 1/20/83 at Rolling Hills Country Club and he urged Council members to attend if possible. Mayor Falck said he will be in Tallahassee on 1/13 and 1/14 to determine the State's position on the study of the construction industry and he will give Council a report on his return. 31. City Council Reports - C/M Disraelly said the problems concerning annexation have been discussed with the Broward delegation for the past three years. He met with the City Manager and the City Manager of. North Lauderdale to disuuss trPir annexation as well. as Tamarac's annexation, they will not go south of Bailey Rd. and Tamarac has no anticipation of going north of Bailey Rd. He said Tamarac is particularly interested in the two enclaves that are east and west of Shaker Village, which is in the City. He said Coconut Creek .gent before the delegation yesterday as a trial seeking the delegation approval of their annexation procedure. The delegation feels that if one person is opposed, the members of the delegation are afraid of losing that one vote and will not do anything except by going to annexation by referendum. On Monday, 1/17/83, he and the City Manager will be discussing annexation with the people of Banyan Lakes at their invitation and a report will be given to Council after this meeting. - 18 - 1/12/83 /pm 29. Drainage Tmprovements in the City - Discussion and possible action. SYNOPSIS OF ACTION: No report, Mayor Falck said there is nothing further to report concerning drainage. Mayor Falck called for a recess until the Public Hearing at 5:05 p.m. PUBLIC HEARING 30. Amusement Centers - Ted. Ord. #1_013 - Discussion and possible action to amend Chapter 14 of the Code regarding the regulating and licensing of amusement centers and ratification of all other provisions of Ordinance 0-82-55 that are not altered by this amendment. First Reading. SYNOPSIS OF ACTION: Public Hearing was held and APPROVED on first reading. Jon Henning read the Ordinance by title and C/M Disraelly said they will be addressing in this Ordinance only those areas where there is a change or an amendment to the original Ordinance. He said they have considered the input of many people over the past several months in connection with this Ordinance and without this Ordinance anyone could have video games anywhere in the City without any restrictions as to how many, how they were controlled, who would be there, who could use them, etc. He said the purpose of this Ordinance is to have control over the people who operate it and play there. He said there were legal matters involved as far as the amusement game industry was concerned as well. He said they have added a new subsection to the Ordinance whereby it is specified that the minimum number of employees on duty at all times, insuring the presence of one person 21 years of age or older and the addition is "within the designated game area during the hours of operation". He said previously this said "a person 21 years of age within the amusement center" and this new language will make this more controllable. C/M Disraelly said among the management plans that were in the requirements for incidental amusement center, there is a purely technical change where the information that was required for the management plan for incidental use formerly said "shall be presented to the City Council" for the 5 items that were under control, that has been changed to the "City Clerk" so that Council does not have toreview the requirements as to ownership, etc. This will become part of the Occupational License requirement. He said the first of the major changes is the requirement of distance located in a multiple tenant shopping center_ where they shall not operate closer than 300' from residentially -zoned areas. This formerly was 250' and will be changed at the request of several people. He said the important thing is the measurement as to how that 300' is determined. In the first draft of this Ordinance, it originally said"the measurement shall be from the entrance or exit of the building to the property line of the residential home". He said this has been changed to "measurement.shall be from the property line of the shopping center nearest the residentially -zoned property to the nearest boundary line of the residentially -zoned property". He said this gives additional protection to the residents of any area. C/M Disraelly said the next section pertains to amusement centers in a free-standing, single -tenant building. This did provide 250' and is now being changed to 300' from the residentially -zoned property. He said the next subsection will be changed to read "no amusement center shall be located closer than 1,800' from any public, private, primary or secondary school or playground. For an amusement center located in - 19 - 1/12/83 /pm a multiple tenant shopping complex, measurement shall be from the ' property line of the shopping complex nearest to the school or play- ground in a straight line to the nearest boundary line of that school or playground". He said the final section is a new subsection which reads, "all employees of a primary or accessory use amusement center working in the City shall obtain a City identification card from the Tamarac Police Department before working for such an amusement center or within fifteen days after the effective date of this Ordinance, whichever is later". He said all of the provisions of the original Ordinance 0-82-55, which are not in conflict with the amendment, are hereby ratified to continue in effect as previoulsy enacted. C/M Disraelly MOVED the ADOPTION of Temp. Ord. #1013 on first reading, SECONDED by C/M Krantz. C/M Krantz said this only represents the amendments as presented at the last meeting. He said most of the residents are opposed to amusement centers in certain locations. Jon Henning suggested that Section 10 should read the same as Section 4 does on the original Ordinance 0-82-55. C/M Disraelly made this part of his MOTION. Mayor Faick opened the public hearing and Barry Epstein, Executive Director of the Southeast Florida Venders Association, said they have been working with various municipalities throughout Broward and Dade County in proposing and drafting Ordinances that would control and regulate video games in a fair and reasonable manner. He said they have worked with Cooper City and Tamarac's Ordinance is patterned after their Ordinance. He said the Association feels that there is a need to control and regulate video games in each municipality. He said, of necessity, Council should refer back to the original Ordinance because part of the Ordinance that will be adopted today does have a codicil in it in that Council is ratifying the existing Ordinance. Mr. Epstein said the Association has no objection to the 1,800 lineal foot requirement for arcades, nor any of the proposed changes to the Ordinance as outlined today, provided that they reflect and apply to arcades. He said there are some areas that should be more restrictive than they are now, as well as some areas that should be more lenient. He referred to the definition of "primary -use amusement center", which, right now, is one of no less than 25 nor more than 60 games. He said it is the position of the industry that this definition should be requiring an arcade to be no less than 50 machines and no more than 60. He said by requiring a minimum of 50 machines for an arcade, a high degree of financial resources are being required behind the proposal so that it can be done in a proper way with control and eliminates the fly-by-night operation who may want to come in with 25 or 30 machines and not want to do the job properly. Mr. Epstein said, in addition, accessory use amusement centers, which now is allowed not less than 4 nor more than 50, should be reduced to no less than 4 nor more than 15 amusement machines as an accessory use amusement center. He said that way there would be no location in the Tape City that would be allowed to have anywhere between 16 or 49 machines. 9 He said the City should further define that to only allow those types of facilities such as recreation or liquor license places or restaurants which serve beer, wine or liquor to be allowed in that category. He said, on th6 Management Plan that the City is requiring, he suggested that all of those requirements be included and kept for primary use but not for accessory use. He said Item #6 which provides the statement that"no children under the age of 16 are allowed to be in an amusement center unless accompanied by a parent or other adult", is unconstitu- tional and should be stricken from the Ordinance. V/M.Massaro asked what was the basis for unconstitutionalism and Mr. Epstein said there have been other court cases which sub- stantiate this. He said if his suggestions were taken by the City, the Association would have no objections to the rest of the Ordinance. - 20 - 1/12/83 /pm Carl Alper, resident, said he is in favor.of the amendments as presented by C/M Disraelly. Ray Munitz, speaking on behalf of the Presidents Council, said he is looking forward to the passing of this Ordinance to indicate that the Council is interested in what the people want. Ceil Israel, resident of Westwood Section 23, said she had a letter from the Principal of Taravella High School stating her concerns about the possibility of video games being in an area of schools. She read the letter into the record. Max Siegel, resident and President of Springlake Northwood Homeowners Association, said his area is against a video arcade being put in their neighborhood. Bernie Hart, member of the Presidents Council, said these amendments are in line with the thoughts of the Presidents Council. Mr. Wahlberg, resident of Section 23, referred to an article in Time Magazine dated 1/8/83 which stated that over five billion dollars are poured into these machines in one year and he questioned where this large amount of money comes from. Iry Weinberg, resident of Section 23, said he is opposing.a video center near a school because of the crime element that it could bring. Wilbur Berger, resident of Springlake Northwood and a member of the Homeowners Association, said he was the Assistant Principal of Supervision for the Electronics Department of a vocational high school. He said his experience has been with large numbers of teenagers who comprise the customer population for which these centers are directed. He said in the consideration regarding the number of machines in the facility, there has been no mention of the fact that,regardless of the number of machines in the facility, there will always be a larger number of perspective customers waiting outside of the facility. He said this is one of the biggest problems and he and his neighbors approve of these amendments. Mayor Falck closed the public hearing and V/M Massaro asked Jon Henning if there is a section that is unconstitutional, would it affect the rest of the Ordinance. Mr. Henning said no, and he referred to Section 10 which states that there is a severability clause and if this one line or provision were stricken by the courts than the rest of the Ordinance would survive. C/M Disraelly said he and the City Attorney intend to review the other statements and notes pertaining to accessory uses. VOTE: ALL VOTED AYE 37. Salary Increase for City Manager W Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. APPROVED as of l/l/83 for $42,000 per year. C/M Disraelly said the City Manager -began in 5/81 and since that time Council has reviewed her informally and he commended Laura Stuurmans for her excellent performance and he MOVED to Agendize by Consent consideration of a salary increase for her, SECONDED by V/M Massaro. VOTE: ALL VOTED AYE C/M Disraelly MOVED that effective 1/l/83 the salary of the City Manager be $42,000 per year. SECONDED by C/M Krantz. C/M Kravitz questioned how much the City Manager's present salary is and C/M Disraelly said her salary is $35,000 which includes her Pension Plan and she does not have the Pension Plan that all of the City employees have at 6.8%. He said the City Manager said she would establish her own Pension Plan out of her salary. He said it is not appropriate that Department Heads that she hires should be at salary levels above hers. He said the City employees are normally reviewed every 6 months and merit increases are given but the City Manager has not been reviewed and no merit increase has been given to her in a year and a half. He said there have been Union negotiations where other members of the City have had increases based on their Union contract and he feels this is a fair increase. - 21 1/12/83 /pm C/M Kravitz asked if this salary increase is included in the budget and Mayor Falck, said salary increases are allowed for within the budget. Laura Stuurmans said there are monies in the budget for all salary increases of all employees including the City Manager. V/M Massaro asked if this is commensurate with the other increases that have been given had she been given her increases along with them and C/M Disraelly said there have been Union increases, none less than 8% each year and in addition, everyone has had a 4% merit increase and she would still be getting less than that. V/M Massaro agreed that the City Manager does deserve this. VOTE: ALL VOTED AYE 6. q - 2588 - Discussion and possible Surplus Equipment Temp. Res,o action to amend Resolution 82-350 which provided for disposal of certain surplus vehicles through sale and an interdepartment transfer of one vehicle. SYNOPSIS OF ACTION: Approved as amended. (See Page 5) . Jon Henning said there was a typographical error and Temp. Reso. #2588, Section l should read "$550" instead of"$650". C/M Disraelly MOVED that the suggestion made by the City Attorney acknowledging a typographical, error be ACCEPTED, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 31. CitV Council Reports - Mayor Falck said he sent Council an item on 12/30/82 relating to Job Training Partnership Act which is a program replacing the old CETA Program taking municipalities under 200,000 in population together to work as a unit and he suggested Coral Springs, Lauderdale Lakes, North Lauderdale, Lauderhill, Sunrise and the unincorporated areas in that order. He asked Council's approval for].-m and the City Manager to check into this further and they had no objections. Mayor Falck adjourned the meeting at 6:15 P.M. ATTEST: 11 111111 �'% I •!S-T,�. XIT CTTY i : . This public document was promulgated at a cost of $F25.�57 �� or $ �, 3 0 per copy, to inform the general public and public officers and employees about recent opinions and considerations by the City Council of the City of Tamarac. - 22 - 1/12/83 /Pm APPROVEUy-!12- CITY CdUiYCIL 0�1�