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
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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
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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�