HomeMy WebLinkAbout1983-01-26 - City Commission Regular Meeting Minuteso� CAM
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P.O. BOX 25010
'TAMARAC. FLORIDA 33320
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FIRST CLASS MAIL
CITY OF TAMARAC, FLORIDA
CITY COUNCIL
REGULAR COUNCIL MEETING
WEDNESDAY, JANUARY 26. 1983
CALL TO ORDER: 9:30 A.M.
ANNOUNCEMENT- 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 AND AWARDS
1. Employee Service Award - Presentation by City Manager Stuur-
mans of a ten --year pin to Lt. Barry Peterson of the Police
Department.
2. Sistrunk Historical Festival -- Presentation by Mayor Falck of
a proclamation designating the week of February 6 - 13, 1983,
as "Third Annual Sistrunk Historical Festival Week".
BOARDS AND COMMITTEES
3. Beautification Committee - Temp. Reso. #2598 - Discussion and
possible action to appoint a member to this committee.
CONSENT AGENDA
4. Items listed under Item 44, Consent Agenda, are viewed to be
routine and the recommendation will be enacted by one motion
in the form listed below. There will be no separate dis-
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)
b)
c)
d)
e)
Minutes of 11/1/82 - Reconvened Meeting - Approval recommendec
by City Clerk.. (tabled from 1/12/83).
Minutes of 11/24/82 Regular Meeting - Approval recommended
by City Clerk.
Minutes of 12/l/82 - Reconvened Meeting Approval recommend-
ed by City Clerk.
Alan F. Ruf - Consulting City Attorney - 1/18/83 - $1,550.00-
Approval recommended by City Attorney.
Mitchell Ceasar -- Grants Consultant - Retainer for January,
1983 - $1,250.00 - Approval recommended by City Manager.
f) Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnicl
P.A. - Special Counsel - 1/7/83 - $547.42 - Approval re-
commended by City Manager.
1/26 - Pg. 1
Presentation
made.
1/26 - Pg. 2
Proclamation to
be presented.
1/26 - Pg. 2
Oscar Goldstein
appointed.
V26 - Pg. 2
APPROVED a)thru
(h) .
PAGE
TWO
g)
Everglades Paving Company, Inc. - Installation of tennis
courts at Tamarac Park - Approval of Change Order No. 1
reducing the contract price by $555.00 to a total of
$22,287.00.
h)
Florida Derby Festival - Authorization for a banner sign on
school overpass announcing Festival dates.
GENERAL ADMINISTRATIVE/FINANCIAL
5.
Bid Award - Public Works Department- Temp. Reso. #2568 - Dis-
cussion and possible action to award a bid for an automatic
curber (tabled .from 12/22/82) .
1/26 - Pg. 2
APPROVED bid
to American
6.
Traffic Signalization -- N.W. 72 Street and University Drive --Equipment.
Discussion and possible action on a proposal regarding design
specifications from Craven, Thompson & Associates, .Inc.
1/26 - Pg. 3
APPROVED.
1/26-Pg. 4,5
Payments to be
7. Cypress II - Discussion and possible action to allow an
appropriate period for payment on outstanding water bill.
8.
Police Department - TemP • Discussion Reso. #2606 - and
.. Possible action to establish administrative fees for off -duty
detail work.
made in 6 mos.
1/26- Pg. 3
APPROVED
9.
Broward League of Cities Business - Discussion and possible
action.
1/26 - Pg. 5
No new info.
PUBLIC HEARINGS - 2:00 P.M.
10.
N.W. 26 Terrace -- Temp. Ord. #1015 - Discussion and possible
action to erect a barrier at the southerly end of this street
in Tamarac Lakes South. Second Reading.
1/26- Pg. 12
APPVD. on 2nd
readin(j.
1/26 - Pg. 13
a)Accepted Affid.
b) TABLED.
11-
_Ticon, Inc. - Rezoning Petition #21-z-82 - Temp. Ord. #1016
Discussion and possible action to rezone the southwest
portion of the island located west of City Hall, south of
Paradise Estates, east of NW 94 Avenue and north of Tamarac
Jewish Center and Broward Neighbors, from.R-lB to R-4A.
First Reading.
a) Acceptance of Affidavit of Publication, Affidavit of Post-
ing and Affidavit of Mailing.
b) Consideration of application.
12.
Ticon, Inc. - Rezoning Petition #22-Z-82 - Temp. Ord. #1017 -
Discussion and possible action to rezone the northwest and
southeast portions of the island Located west of City Hall,
south of Paradise Estates, east of NW 94 Avenue and north of
Tamarac Jewish Center and Broward Neighbors, from R-1B to
RM-10. First Reading.
1/26 - Pg.14, 15
a) Accepted Aff.
b) TABLED.
a) Acceptance of Affidavit of Publication, Affidavit of Post-
ing and Affidavit of Mailing.
b) Consideration of application.
13.
Ticon, Inc. - Rezoning Petition #23.-WZ-82 - Temp. Ord. #1018 -
Discussion and possible action to rezone the northeast portio
of the island located west of City Hall, south of Paradise
Estates, east of NW 94 Avenue and north of Tamarac Jewish
Center and Broward Neighbors, from R-lB to R-3. First Read-
1/26 - Pg. 15
a)Accepted Affid.
b) TABLED.
ing
a) Acceptance of Affidavit of Publication, Affidavit of Post-
ing and Affidavit of Mailing.
b) Consideration of application.
PAGE
THREE
14.
F & R Builders, Inc. - Rezoning Petition #41-Z-82 -- Temp. Ord.
#1019 - Discussion and possible action to rezone lands
located north of NW 71 Place and west of Nob Hill Road, being
the recreation parcel of the proposed Ashmont development,
from R-3 and R--3U to S-1. First Reading.
1/26 - Pg. 15
a)Accept. Affid.
b) TABLED.
a) Acceptance of Affidavit of Publication, Affidavit of Post-
ing and Affidavit of Mailing.
b) Consideration of application.
COMMUNITY DEVELOPMENT
15.
Woodview Tract 38 .- Discussion and possible action on:
a) Amendment to the Water and Sewer Developers Agreement
b) Renewal of a model sales permit
(tabled from 1/12/83)
1./26 - Pg. 4
TABLED to next
reg. meeting.
16.
Tamarac Jewish Center -'Discussion and possible action on:
a) Request for one-year extension to the provisions of Code
Section 7-31 requiring screening of equipment on roof
(tabled from 11/10/82)
b) Request for refund of drainage improvement and drainage
1/26--Pg.16,17,
18.
a) TABLED
b) APPROVED.
retention fees (tabled from 1/12/83)
17.
Springlake II -- Discussion and possible action on:
a) Revised site plan to reflect project phasing - Temp. Reso.
# 2 4 01
b) Amendment to the Water and Sewer Developers Agreement
(tabled from 1/12/83) .
1/26 - Pg.10,
11,12
a) APPVD. with
conditions.
b)APPVD.revised
18.
Concord Village - Model Sales Facility - Discussion and pos-
sible action to renew a model sales permit.
agreement.
1/26 - Pg. 12
APPROVED 6 mo.
1/26 - Pg. 21
APPROVED with
conditions.
19.
Queen of the Sea, Inc. - Special Exception Petition #4_0-Z-82 -
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 zoning district in conjunction with a proposed
restaurant to be located at 6101 N. University Drive (public
hearing held 12/22/82) (tabled from 1/12/83).
20.
Pan American Bank - Sign Waiver - Temp. Reso. #2599 - Dis-
cussion and possible action to waive the provisions of the
sign ordinance to allow a third sign on the west wall of the
building (tabled from 1/12/83).
1/26 -Pg. 5
APPROVED.
21.
Colony West Country Club - Discussion and possible action on:
a) Operation of certain maintenance equipment prior to 8:00
a.m. (tabled from 1/12/83) .
b) Executive Course
1/26 - Pg.9,10
a)APPVD. with
conds.
b) TABLED.
1/26 - Pg. 20
APPROVED with
conditions.
22.
Westview at Colony West County Club/Parcel R -- Model Sales
Facility - Discussion and possible action to renew a model
sales permit.
1/26 - Pg. 19
APPROVED with
conditions.
23.
Westview at Colony West Country Club/Parcel L -- Model Sales
Facility - Discussion and possible action to renew a permit
for use of the model sales facility at Parcel R for this
project.
24. Mainlands Center - Discussion and possible action to amend the I
1/26 - Pg. 20
Water and SwereDevelopers Agreement. APPROVED.
25. Tamarac Gardens - Revised Site Plan - Temp. Reso. #2603 - 1/26 - Pg.18,19
Discussion and possible action on a revised site p]an for the APPROVED with
entrance and the recreational facilities. conditions.
PAGE' FOUR
26. Richway at Tamarac - Discussion and possible action on:
a) Release of a performance bond posted for drainage and re-
construction at NW 82 Street upon receipt of a one-year
warranty bond - Tem . Reso. #2600.
b) Release of a performance bond posted for other public im-
provements upon receipt of a one-year warranty bond - Temp.
Reso. #2601.
27. Sands Paint, Phase 6, Bld . S - Revised Site Plan - Tem .Reso .
#2602 - Discussion and possible action on a revised site plan
for additional sidewalk and relocation of trashroom doors.
28. Universit Communit Hospital - Discussion and possible actior
on:
a) Revised site plan for an addition to the building and the
parking lot - Temp. Reso. #2604.
b) Water and Sewer Developers Agreement
c) Water Retention Agreement
d) Acceptance of drainage easement - Temp. Reso. #2605.
29. Drainage Improvements in the City - Discussion and possible
action on:
a) Lime Bay Boulevard drainage corrections
b) Reports
PUBLIC HEARING - 5:05 P.M.
30. Amusement Centers - Temp. Ord. #1013 - Discussion and possible
act
andylicensing ofamusement centers Chapterf the Code regarding the regulatin
raters and ratification of all
other provisions of Ordinance 0-82-55 that are not altered by
this amendment. Second Reading.
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 proceedings is
made, which record includes the testimony and evidence upon which
the appeal is based.
Carol A. Evans
Assistant City Clerk
Following are the residential and commercial zoning districts in the City.
R-1
- Single Family Residence
R-lB &
R-1C
- One -Family Dwelling
R 2
- Two -Family Dwelling
RD-7
- Two -Family Dwelling
R-3U
- Row House
R-3
- Low Density Multiple Dwelling
RM-5
- Residential Multi -Family Dwelling
RM-10
- Planned Apartment
R-4A
- Planned Apartment
R-5
- Motel/Hotel
B--1
- Neighborhood Business
B-2 -- Planned Conuunity Business
B-3 - General Business
B-5 - Limited Business District
B-6 - Business District
S-1 - Open Space/Recreational
I--1 - Institutional
M-1 - Light Industrial
M-2 - Medium Industrial
A-1 - Limited Agricultural
A-5 - Agricultural/Excavation
T-1 - Trailer Park District
1/26 - Pg. 9
a) & (b)
APPROVED.
1/26 - Pg. 7
APPROVED.
1/26-Pg.5,6,7
a) b) c)APPVD.
with conds.,
(d) APPROVED.
1/26-Pg. 8, 9
a)C/Mgr.handle
b) Repts . given
1/26 - Pg. 19
APPROVED on
second reading.,
CITY OF TAMARAC, FLORIDA
REGULAR CITY COUNCIL MEETING
JANUARY 26, 1983
ape CALL TO ORDER: Mayor Walter W. Falck called the meeting to order on
1 Wednesday, January 26, 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
MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Falck called for a Moment
of Silent Meditation followed by the Pledge of Allegiance.
Mayor Falck greeted everyone present and announced the time schedule
for specific items.
34. Tamarac Soccer Club Carnival - Discussion and possible action.
SYNOPSIS OF ACTION: Agendized by Consent.
(See Pages 7 & 8 ) .
C/M Disraelly said Council has received a request from Jim Shiles to
consider a Tamarac Soccer Club carnival and he so MOVED, SECONDED by
C/M Krantz.
IMMV.
ALL VOTED AYE
35. Land for Public Works - Discussion and possible action.
SYNOPSIS OF ACTION: Agendized by Consent.
( See Page 9).
Mayor Falck said he sent a memo to Council concerning land for Public
Works and V/M Massaro MOVED to Agendize this by Consent, SECONDED by
C/M Disraelly.
VOTE: ALL VOTED AYE
36. Lime Bay Blvd. - Pavement Repairs - Discussion and possible action.
SYNOPSIS OF ACTION: Agendized by Consent.
(See Page 8),
V/M Massaro MOVED to Agendize by Consent discussion on pavement of
Lime Bay Blvd., SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
I. Employee- Service _Award - Presentation by City Manager Stuurmans
of a ten-year }yin to Lt. Barry Peterson of the Police Department.
SYNOPSIS OF ACTION: Presentation
was made.
` l 1/26/83
/pm
Laura Stuurmans commended Lt. Peterson of the Police Department and
Presented him with his ten-year pin.
ape 2. Sistrunk Historical Festival - Presentation by Mayor Falck of
2 a proclamation designating the week of February 6 - 13, 1983,
as "Third Annual Sistrunk Historical Festival Week".
SYNOPSIS OF ACTION: Proclamation will
be presented to the appropriate people.
Mayor Falck said the proclamation designating the week of 2/6 through
2/13/83 as "Third Annual Sistrunk Historical Festival Week" will be
delivered to the appropriate people.
3. Beautification Committee - Temp. Reso. #2598 - Discussion and
possible action to appoint a member to this committee.
)YNOPSIS OF ACTION: Oscar Goldstein RESOLUTION NO. R -� � PASSED.
appointed.
Jon Henning read the Resolution by title and C/M Disraelly said that
Faye Rosenstein has become an alternate rather than a regular member
and he MOVED that Oscar Goldstein, who has done an excellent job as
an alternate, be appointed a regular member of the committee, SECONDED
by C/M Krantz.
VOTE: ALL VOTED AYE
4. Consent Agenda -
a) Minutes of ll/l/82 - Reconvened Meeting - Approval recommended by
City Clerk.
b) Minutes of 11/24/82 - Regular Meeting - Approval recommended by
City Clerk.
c) Minutes of 12/1/82 - Reconvened Meeting - Approval recommended by
City Clerk.
d) Alan F. Ruf -- Consulting. City Attorney - 1/18/83 - $1,550.00 -
Approval recommended by City Attorney.
e) Mitchell Ceasar - Grants Consultant - Retainer for January, 1983
$1,250.00 - Approval recommended by City Manager.
f) Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick,
P.A. - Special Counsel - 1/7/83 - $547.42 - Approval recommended
by City Manager.
g) Everglades Paving Company, Inc. - Installation of tennis courts
at Tamarac Park - Approval of Change Order No. 1 reducing the
contract price by $555.00 to a total of $22,287.00.
h) Florida Derby Festival - Authorization for a banner sign on school
overpass announcing Festival dates.
SYNOPSIS OF ACTION: APPROVED Items
a) through h ) .
C/M Disraelly MOVED APPROVAL of Items a) through h), SECONDED by C/M
Krantz.
VOTE:
ALL VOTED AYE
5. Bid Award - Public Works Department - Temp. Reso. #2568 - Dis-
cussion and possible action to award a bid for an automatic
curber (tabled from 12/22/82).
SYNOPSIS OF ACTION: APPROVED bid award to RESOLUTION NO. R - - PASSED.
American Equipment & Garden Center for
$4,577 and the City Manager was authorized
to purchase upgraded model for additional sum.
- 2 - 1/26/83
/pm
Jon Henning read the Resolution by title and the City Manager said
staff is recommending that the bid of American Equipment & Garden
Center be awarded in the amount of $4,577 and that Council include
in Section 1 the additional language following, "is hereby approved",
"and the City Manager is authorized to procure Model No. MC650 at an
additional $150". She said the Public Works Director has recommended
that this would give his department better capacity and this would
still be the low bidder. C/M Disraelly MOVED the ADOPTION of Temp.
Reso. #2568 with the bid to go to American Equipment & Garden Center
for $4,577 and the City Manager be authorized to purchase the
additional piece of equipment for an additional sum of $150. SECONDED
by V/M Massaro.
VOTE:
ALL VOTED AYE
6. Traffic $ignalization - NW 72 Street and University Drive - Dis-
cussion and possible action on a proposal regarding design spec-
ifications from Craven, Thompson & Associates, Inc.
SYNOPSIS OF ACTION: APPROVED.
C/M Disraelly said Council has been working since last May to
get a traffic light at that intersection and the City has generated
the funds from the various developers. He said originally,when he
spoke to Florida DOT,they had the men available but recently
they are extremely busy and have no available
engineers at this time. He said they indicated, however, that they
felt they could fund this project and he spoke with two of the people
and he indicated to them that if the
City does the engineering, as was originally proposed, and if the
City installs the light, it could possibly be done by the end of May.
C/M Disraelly said Mr. Reynolds from DOT told him that if the City
does the engineering, they will have the money and they can install
the light by the end of August. He said this is a possible 4 month
delay whereby the City could save some $40,000 for the installation of
that light. He said he wrote a letter to each of the people who are
involved with the contribution toward the light indicating this new
status and requesting them to allow the City to take the funds that
were for 72 St. and permit the City to use it at 61 St. where the
City is still trying to generate additional funds. He said the City
Engineer contacted Craven Thompson and they gave a proposal to do that
work for a lump sum of $3,400 and any additional work would be at a
fee of $50 per hour. Upon investigation, he said, it was discovered
that this figure of $3,400 was reasonable and he MOVED that the City
Manager through the City Engineer,authorize Craven Thompson to do the
engineering for the light at 72 St. and University Dr. for a sum not
to exceed $3,400. SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
8. Police Department - Tem Reso. 02606 - Discussion and possible
action to establish administrative fees for off -duty detail work.
SYNOPSIS OF ACTION: APPROVED.
RESOLUTION NO. R PASSED.
Jon Henning read the Resolution by title and the City Manager said
this is pursuant to one of the Articles of the City's Agreement between
the FOP and the City. She said the Article does provide for a $12 per
hour rate to be paid to Police officers less the necessary withholding
and in addition to that, after surveying and assessing the costs to the
City, they determined that $3 would provide the City sufficient com-
pensation so that they would not operate at a loss.
- 3 ` 1/26/83
/pm
C/M Disraelly MOVED the ADOPTION of Temp. Reso. #2606, SECONDED by
C/M Krantz.
VOTE:
ALL VOTED AYE
15. Woodview Tract 38 - Discussion and possible action on:
a) Amendment to the Water and Sewer Developers Agreement
b) Renewal of a model sales permit
(tabled from 1/12/83)
SYNOPSIS OF ACTION: TABLED to the next
regular meeting.
Harry Grossman, President of Woodview Villas, said he is requesting
an extension of his ERC pickup of 25% for one year and he is paying
his model permit fees. V/M Massaro said Mr. Grossman is requesting
that the 25% ERC pickup be extended and that he will continue paying
the interest and whatever guaranteed revenues are required. She said
the CIAO rate could change and cause problems. Mr. Henning said if
there is an alteration of the Water and Sewer Developers Agreement
it should be in writing.
V/M Massaro MOVED to TABLE this and the time be extended on both the
model sales permit and the 25% take down until the next regular
meeting for further review. Mr. Henning is to send a memo to Council
and Council will meet with Mr. Grossman to establish the details.
SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
7. Cypress II - Discussion and possible action to allow an appro-
priate period for payment on outstanding water bill.
SYNOPSIS OF ACTION: People involved will
be given a 6 month period for payment on
outstanding bills.
C/M Kravitz said it was brought to his attention that through an
error in the City's computing system at the Utilities West, certain
billings were pit in incorrectly. He said for a period of time, the
people in Cypress II received bills at a lower rate and when they
inquired why the amount was low, the error was discovered. He said,
as a result, the balance due amounted to approximately $61000.and
they were threatened with having their water shut off if this was
not remitted. He said the people felt they did not have the funds
to pay in one lump sum and they asked if they could pay it over a
period of 6 months at $1,000 per month. He said they were told
that based upon the City Code and the water setup, this could not be
done for that length of time.
C/M Kravitz asked if something could not be done to help the residents
in this case. He said he uncovered another error as well. The City
Manager said this was a keypunching error at the time of converting
from the Burroughs Corp. Computing System to the Microdata System.
She said it was determined in November, in the course of the City's
review, which probably coincided with the resident's first billing
at the proper rate. She said this occurred in Cypress I also and
the City's billing reflects that Association as the recipient of the
bills. She said, in the case of Cypress II, it appeared that they
had a management company collecting their water and sewer bills and
the City's question was whether or not the management company had
been collecting at full measure from the residents during this period
of time. She said if they had, they would have the funds available
to them now to make the payment and staff would have no problem with
a 6 month period of time.
- 4 - 1/26/83
/pm
The City Manager said there is provision within the Utility regulations
for problems of this kind to come to the City Manager to be worked out.
Jon Henning said the Ordinance would allow for this extension and he
sees no problem with the Code in this regard. C/M Kravitz MOVED that
these people be given the right to pay the outstanding bill over a
period of 6 months, SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
20. Pan American Bank - Si
and possible action to
to allow a third sign
from 1/12/83).
SYNOPSIS OF ACTION: APPROVED.
gn Waiver - Temp. Reso. #2599 - Discussion
waive the provisions of the sign ordinance
on the west wall of the building (tabled
RESOLUTION NO. R- g,�/9 PASSED.
Jon Henning read the Resolution by title and Florence Bochenek,
Chairman of the Beautification Committee, said members of her committee
have reexamined the building and the area and their decision now is
that they be allowed a sign on the west wall of the building because
aesthetically it looks barren and there is no indication that a
bank is there. She said the sign man has agreed that the sign will
be made smaller and will conform with the color and lettering of the
shopping center.
C/M Disraelly said because of the unusual shape and the location of
this particular building, he felt there would not be a precedent set.
He MOVED that _Temp_. Reso. #2599 for the sign waiver be APPROVED with
the height of the letters not to exceed 12" and that all other criteria
of the shopping center be maintained. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
9. Broward League of Cities Business - Discussion and possible action.
SYNOPSIS OF ACTION: No new information.
C/M Disraelly said most Council members have attended the meeting of
the Broward League and there has been no new information to report.
Mayor Falck said because of the illness of the office secretary, the
report he mentioned has not been completed regarding the activities
of the League. He said he has received a request from the. Florida
League to serve on the Legislative Committee and he has been encouraged
to do this. He said it will require some activity between now and
May 15 relating to items in which Tamarac, the County and other
municipalities might be interested. He said he would keep Council
informed.
Jon Henning said he was pleased that the Resolutions that are passed
in the City were noticed by the League.
28. University community Hos ital - Discussion and possible action
on:
a) Revised site plan for an addition to the building and the
parking lot - Temp. Reso. #2604.
b) Water and Sewer Developers Agreement.
c) Water Retention Agreement.
d) Acceptance of drainage easement - Temp. Reso. #2605.
SYNOPSIS OF ACTION: a),b) and c) RESOLUTION NO. R-� - PASSED.
APPROVED with conditions, d) APPROVED. RESOLUTION N0. R --�� PASSED.
a) Jon Henning read the Resolution and Frank Basile, Assistant Admin-
istrator of University HospitalIsaidbasically their request includes
expansion to the hospital and renovations and does not include beds
at this time.
- 5 - 1/26/83
/pm
Mr. Basile said they will be putting in a new laboratory, new general
storage area, adding two operating rooms, an administrative area as
well as a Cat. scan and two additional X-ray rooms as well as some
interior renovations to the first floor. He said, along with that,
they are adding additional parking spaces for a total of approximately
566 spaces. He said they will have to review this when the proposed
73 beds are added since two parking spaces are required for each bed.
V/M Massaro said now there is no problem but there is an agreement
between the Medical Building and the hospital which may be helpful
in this regard. Mr. Basile initialled the plan stating the number'
Tape of beds in the hospital which are 209 now and will be 282 with the
3 addition of the 73 proposed beds. C/M Disraelly asked Mr. Basile
about the median on the west side of the building being curbed,
backfilled and sodded with bahia grass. C/M Kravitz said he has a
notation from Sheila Wolken of the Finance. Department dated 1/21/83
stating that the hospital owes on --site beautification of $1,097.01
and Mr. Basile presented a check for this amount to the Assistant
City Clerk.
b) V/M Massaro said in view of the fact that Mr. Basile is changing the
number of beds, he will not need a new Water & Sewer Developers
Agreement because they do not have state approval yet. She said when
they receive the approval it will^be necessary for Mr. Basile to
return to Council and make a Water & Sewer Developers Agreement and
he would have to pay $1,500 an ERC .and there is 1 ERC required
for each bed and this amount of money will be due at that time. She
said the application will have to be made and acted on before they
have a right to use those -beds. V/M Massaro asked that Item b).
be TABLED to the time period when they receive any
additional beds.
Jon Henning said it appears that the 5 ERCs in the Water & Sewer
Agreement before Council are for irrigation purposes and there is no
sewer involved. He said an additional Water & Sewer Agreement would
be needed when those beds are requested. He said he is assuming that
the buildings that are being added do not affect the consumption
and the ERCs, which Engineering has approved. He suggested that this
Water & Sewer Agreement before Council today be approved. V/M Massaro
said for the record that when the hospital receives permission for
any additional beds they will come in and execute a Water & Sewer
Agreement. C/M Disraelly restated V/M.Massaro's MOTION to state
"APPROVED the Water Agreement for these 5 ERCs", and he SECONDED this.
and V/11 Massaro agreed.
Richard Rubin said University Hospital has submitted checks for the
Water & Sewer Developers Agreement for 5 ERCs @ $525.00 for a total
of.$2,625.00 and this he submitted to the Assistant City Clerk.
VOTE: ALL VOTED AYE
a) C/M Disraelly asked Richard Rubin to red line on the site plan that the
west side of the lower path will be curbed south of 72 St.as well as
backfilled and planted with bahia grass. Mr. Rubin referred to Item
#7 on the Development Review Status Sheet and,he requested that when
Council approves the revised site plan, they include provision for the
proper access to Dr. Garver's site which will allow the Engineering
Department to work with Mr. Basile's group to find a proper location.
Mr. Basile said he is aware of this and is willing to cooperate.
C/M Disraelly referred to the site plan which showed a 5'
sidewalk instead of the 8' sidewalk which is proposed for a bikepath.
Mr. Rubin said this should be 8' and will be changed and initialled
by Mr. Basile. Mr. Basile agreed to provide a sketch for the
entrance to Dr. Garver's building to be attached to this site plan.
Mr. Rubin said Mr. Basile has presented a check for $1,097 for the
Landscape Fee and cash of $.01 to the Assistant City Clerk. V/M Massaro
MOVED the APPROVAL of Temp. Reso. #2604 with the amendments as have
been indicated on the plan and signed by Mr. Basile.
- 6 - 1/26/83
/pm
C/M Krantz SECONDED the MOTION.
VOTE: ALL VOTED AYE
c) V/M Massaro said the Water Retention Agreement appears to be in
order and she MOVED the ADOPTION of same with the payment of
$3,628.40 which was given to the Assistant City Clerk. C/M Disraelly
SECONDED the MOTION.
VOTE:
ALL VOTED AYE
d) Jon Henning read the Resolution by title and C/M Disraelly MOVED
the ADOPTION of Temp. Reso. #2605, SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
27. Sands Point, Phase 6, Bldg. S - Revised Site Plan - Temp. Reso.
#26.02 - Discussion and possible action on a revised site plan
for additional sidewalk and relocation of trashroom doors.
SYNOPSIS OF ACTION: APPROVED.
RESOLUTION NO. R 3 PASSED.
Jon Henning read the Resolution by title and C/M Disraelly said
the applicants are requesting to relocate the trashroor on the
outside instead of the inside because it is a problem an the inside
location. He said they want to put a sidewalk from the door into
the parking lot so it will be easier to get rid of the trash in the
dumpster. He MOVED the ADOPTION of Temp, Reso. #2602, SECONDED by
C/M Krantz.
VOTE:
ALL VOTED AYE
22. Westview at Colony West County Club/Parcel R - Model Sales
Facility - Discussion and possible action to renew a model
sales permit.
SYNOPSIS OF ACTION: APPROVED
far__6 months - from .1/27/8-3. (See Page 20) .
C/M Disraelly MOVED the APPROVAL of the model sales facility for 6
months from 1/27/93. SECONDED by C/M Krantz.
A16,2l40
ALL VOTED AYE
23. Westview at Colony West Country Club/Parcel L - Model Sales
Facility - Discussion and possible action to renew a permit
for use of the model sales facility at Parcel R for this project.
SYNOPSIS OF ACTION: APPROVED
for 6 months from 1/27/83. (See Pages 19 & 20).
C/M Disraelly MOVED the permission for an extension of the model sales
facility for 6-months from 1/27/83 on Parcel R for the use of Parcel L.
SECONDED by V/M Massaro.
VOTE:
ALL VOTED AYE
34. Tamarac Soccer Club Carnival — Discussion and possible action.
SYNOPSIS OF ACTION: Agendized by Consent.
(See Page 1). APPROVED.
Mayor Falck said Council received information from Mr. Shiles indicating
their interest in participating in the program for the Ronald McDonald
House by way of holding a carnival for this purpose. He said they have
indicated all the things they would be interested in doing for this
7 - 1/26/83
/Pm
and he said if they comply with all rules, regulations and requirements
as stipulated previously, he suggested Council approval. C/M Kravitz
said as liaison to the Soccer Club, he MOVED they be given APPROVAL to
hold this carnival between 3/31/83 and 4/10/83 and that they give the
City the same coverage as last year in reference to insurance, etc.
and the fees will be waived. This will be held at the corner of 57th
St. and University Dr. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
36. Lime Bay Blvd. - Pavement Repairs - Discussion and possible action.
SYNOPSIS OF ACTION: Agehdized by Consent. (See Page 1).
APPROVED as conditioned.
V/M Massaro.said this item was at the request of Hank Meyers of Lime
Bay. She said this is a portion of the road that the City has accepted
as a public road since some of the roads in Lime Bay are not public
and they must maintain them. She said the City Engineer indicated that
this could be done under County contract with the City's men doing the
preparation and the County contract could be bought under $5,000 to do
what is necessary. The work involved would be repaving of the section
between Westwood Blvd. east and the west side of the main entrance.
She said the rest of the paving is in good condition and does not need
to be done now. She said the work would also include 93 Ave. and going
out to McNab Rd. on both sides of the median.
V/M Massaro MOVED to APPROVE this work and for the City Manager to
handle whatever is necessary to be sure that this work will not exceed
$5,000 as far as the County contract is concerned and that the Public
Works Department do the preparation. SECONDED by C/M Disraelly.
VOTE:
ALL VOTED AYE
The City Manager said the City Engineer is preparing a composite report
of the several other areas in the City that do need to be addressed for
resurfacing and this will appear on the next agenda.
29. Drainage Improvements in the City - Discussion and possible action
on:
a) Lime Bay Boulevard drainage corrections
b) Reports
SYNOPSIS OF ACTION: a) City Manager is to handle
this as conditioned, b) Reports were given.
a) Hank Meyers, resident, said the area in question is the corner of Lime
Bay Blvd. where it intersects Westwood Blvd. east. V/M Massaro said there
is a very serious drainage problem there and could be alleviated because
they have a catch basin on their property and all the City would have
to do would be to install a small catch basin with the Line
extending to their existing catch basin. She said the work could be
done by the Public Works Department but this requires an easement from
Lime Bay which must be furnished to the City and be approved by the
City Engineer and the City Attorney.
V/M Massaro MOVED authorization be given to the City Manager to handle
this provided the appropriate easement is brought in to be examined by
the City Engineer and City Attorney. SECONDED by C/M Disraelly.
VOTE: ALL VOTED AYE
b) C/M Disraelly said he sent Council a letter concerning ponding problems
at 70 St. and 84 Ave. and he requested the City Manager check into this
and that this be put on the next Council meeting agenda. Laura Stuurmans
said one of the things they will brine back to Council is a request that,
once there has been a cost estimate on these jobs, Council give the
authorization to staff to take the cost for these improvements from
the Drainage Improvement Fund.
-- 8 -- 1/26/83
/pm
C/M Disraelly asked that this be put on the next Council agenda and
the City Manager said the project does not have to be approved but
the expenditure would have to be approved. The City Manager said she
sent Council a copy of a letter the Public Works Director sent to the
representative of Traffic Engineering concerning a couple of locations
that sustained heavy ponding during the weekend rain and both areas
are within the County jurisdiction. She said one of the areas is
the vicinity of Southgate Blvd. and 100 Terr. and it is the Southgate
portion of the roadway that is causing the flooding problem. She said
the other location is at Sabal Palm Blvd. and Rock Island Rd. and the
County is being asked to correct those areas.
The City Manager said within the City the two areas that were a problem
with flooding are in front of the school site on University Dr. and
the Lagos de Campo area.
26. Richwav at Tamarac - Discussion and possible action on:
a) Release of a performance bond posted for drainage and re-
construction at NW 82 Street upon receipt of a one --year
warranty bond - Ted_ Reso. #2600.
b) Release of a performance bond posted for other public improve-
ments upon receipt of a one-year warranty bond - Temp. Reso.
#2601. --
SYNOPSIS OF ACTION: a) and b)
APPROVED.
RESOLUTION NO. R - g,3 -g PASSED.
RESOLUTION NO. R _re3np7,- PASSED.
a) C/M Disraelly read the Resolution by title and he said Council has a
letter from the City Engineer indicating that the $138,000 bond should
be released upon receipt of a $34,000 bond and he so MOVED. SECONDED
by C/M Krantz.
VOTE:
ALL VOTED AYE
b) C/M Disraelly read the Resolution by title and he
letter from the City Engineer indicating that the
be released upon receipt of a $14,000 bond and he
by C/M Krantz.
VOTE:
ALL VOTED AYE
said Council has a
$58,000 bond should
so MOVED. SECONDED
C/M Disraelly said, for the benefit of the members from Wood.mont who
were present, he was successful in getting a hedge placed on their
west property line of Richway against the golf course.
35. Land for Public Works - Discussion and possible action.
SYNOPSIS OF ACTION: Agendized by Consent.
(See Page 1). Mayor requested adding this
as topic for future agendas.
Mayor Falck requested that in the future,any discussion concerning
space for the proposed Civic.Center, Police facility and City Hall
complex include discussion on the availability of land for the possible
relocation of the Public Works building.
Mayor Falck relinquished the gavel to V/M Massaro and temporarily left
the meeting.
21. Colony West Country Club - Discussion and possible action on:
a) Operation of certain maintenance equipment prior to 8:00 a.m.
(tabled from 1/12/83).
b) Executive Course.
SYNOPSIS OF ACTION: a) APPROVED with
conditions, b) TABLED for workshop meeting.
- 9 ` 1/26/83
/pm
a) V/M Massaro said Council has copies of the agreement between the City
and Sands Point and the people of Sands Point are aware of what is
necessary to run a golf course properly. She said they will be per-
mitted to cut the greens only before 8:00 A.M. and the rest of the
work cannot start until 8:00 A.M. and this is to begin Monday, 1/24/83.
She said this will be tested for a period of one month and if there
are problems,the President will request another meeting. She said
this schedule was made to accommodate those people who were most
affected by the noise and they feel comfortable that this will
resolve the problem.
C/M Disraelly MOVED that thememorandum of the Vice Mayor to the members
of Council dated 1/1'9/83 reference Colony West Country Club, Sands
Point, Noise Complaint, be forwarded to the City Manager for action
to the Police Department to indicate the hours of operation of the
equipment with the addition to the memo that all work other than on
the greens shall not commence before 8:00 A.M. SECONDED by C/M Krantz.
Tape Jon Henning asked for clarification of this action and V/M Massaro said
4 after the 30 day trial period, if this works satisfactorily, Council
will ask for an Ordinance to make this permanent. C/M Disraelly said
this would rescind the Police Chief's permission for hours other than
these.
VOTE: ALL VOTED AYE
b) V/M Massaro said they have received a preliminary agreement from Colony
West Country Club relating to the west Executive Golf Course and she
said this was submitted for Council review and other things will be
added eventually. She said the City Attorney will have to examine
this thoroughly and she will meet with the people who have worked with
her on this. C/M Krantz asked who the people are that attended these
meetings with the Vice Mayor and she said Jack Stelzer, Ed Rider, and
Ray Munitz. She said a memo will be issued stating who has been working
with her on this and C/M Kravitz requested more information on this
for Council's review before the next meeting.
V/M Massaro said this will be given to Council and C/M Disraelly MOVED
that this be TABLED and that a Workshop be held before it is put on
the Council agenda for action again. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
V/M MASSARO RECESSED THE MEETING FOR LUNCH UNTIL 1:30 P.M.
MEETING WAS CALLED TO ORDER AT 1:30 P.M. AND ALL WERE PRESENT.
17. Springlake II - Discussion and possible action on:
a) Revised site plan to reflect project phasing - Temp. Reso.
fk?dfll
b) Amendment to the Water and Sewer Developers Agreement
(tabled from 1/12/83).
SYNOPSIS OF ACTION: a) APPROVED with RESOLUTION NO. R- $,3 - PASSED.
conditions, b) APPROVED revised agreement
dated 9/8/82.
a) Julian Bryan, representing HLR,Inc. said both items a) and b) are
inter -related. He said they have executed copies of the Water & Sewer
Agreement which have been discussed before Council on a number of
occasions and tabled for a variety of reasons and the site plan was
marked to show the different phases. He said the purpose of this was
- 10 - 1/26/83
/pm
since they were not proceeding with the northern half at that point
in time, it was more appropriate to rework
the Water & Sewer Agreement and enter into a new agreement. They have
done that, have met with staff to review the documents of the Water &
Sewer Agreement, and the payment of water and sewer fees to date which
would be pro rated back to 9/8/82, which is the effective date of the
agreement. Mr. Bryan said Finance has submitted a letter indicating that
certain monies would be owed to them and certain monies would be owed to
the City that constitute.a small overpayment by HLR, Inc.
C/M Disraelly said interest and guaranteed revenues are past due.on
Springlake II and Julian Bryan said even with those past due amounts
from last month, there is still a small balance due to Harlon. Jon
Henning said this agreement has been discussed for many weeks and the
decision that had been arrived at was to make the effective date back
to 9/8/82 and the developer had continued to pay guaranteed revenues
and interest past 9/8/82 into December. As part of the retroactive
effect of this effective date., there is a refund of those interest
payments and guaranteed revenue payments that were made. Originally,
the contract was approximately 222 ERCs and now the contract is for
59-1/2 ERCs. They paid interest and guaranteed revenues for the full
222 ERCs up to December and the refund is because the contract is
retroactive to 9/8/82.
Julian Bryan said that set of numbers is reflective of the fact that
they will be paying $1,500 per ERC for these last 4 ERCs rather than
the $1,000 that they felt they should pay at the last meeting. They
have agreed to pay this and they would have already paid for 55-1/2
ERCs so this will be the remaining 4 that will take them up to the
number sited in the Water & Sewer Agreement. V/M Massaro said these
figures must be reexamined and there is also a subject of beautification
fees that are owed to the City and that has to be examined very
carefully to judge what is owed. She suggested accepting this
Water & Sewer Agreement and acting on Phase 1 of the project and every-
thing is subject to adjustment of the fee.
C/M Disraelly said beautification fees of $2,103.47 are owed but this
is subject to review. V/M Massaro said if approval is made of Phase
1, they must have a statement from Marmon. They do have a letter
which has indicated that they sent out a check but the records must
show a letter from them that they received it before they can have
any building permits, Mr. Henning said .he discussed this with Mr.
Kommer and they agreed that the letter would be an exhibit and that
this would not be filed and recorded in the public records until this
had been received, otherwise, it was acceptable.
Mr. Bryan said there is a problem because they have sold a home there
and they must pull a building permit, however, they are not up to the
55-1/2 ERCs that they have already paid for. V/M Massaro said the
City would be approving only Phase 1 and all rights to Phases 2, 3
and 4 are being released by them. V/M Massaro questioned Mr. Bryan
concerning the shuffleboard court storage area with shaded benches.
Mr. Bryan said these are not shown on the site plan as a covered area
because it was not intended to be there.
C/M Disraelly asked if there was a sidewalk required pertaining to this
and Mr. Bryan said there is a sidewalk required on 77 St. that is a
requirement of Lennar because it is on the north side of the right-of-
way. Mr. Bryan said this goes back to the Leadership Agreement.
Jon Henning read the Resolution and V/M Massaro MOVED that Phase 1 of
Tract 36 Springlake II be APPROVED subject to any special conditions
that applied to the original plan which showed additional phases which
are now excluded completely and are null and void. The same conditions
for this portion will still apply. The applicant must see that as
soon as possible the City receives the receipt from Marmon that the
4 ERCs are paid for and that there be a resolution of the matter
11 - 1/26/83
/Pm
regarding the payment of Beautification fees that are due. V/M
Massaro continued her MOTION that any statement that has been given
to them now will be reexamined and they will address the Beautifica-
tion fees that are due and prepare a statement to be agreed upon by
all involved and given to Council for their approval at the next
meeting. She said this is the ADOPTION of Temp. Reso. #2401, SECONDED
by C/M Disraelly.
Laura Stuurmans directed Council's attention to Page 2 of the
Resolution where a portion of the conditions that have been recited
are in conflict with the additional conditions that are set forth
in subsection D, particularly Part 4 which says that"$2,103.47
Landscape Fee should be paid at Council meeting". She said this
would cause a conflict in the record and Council agreed. C/M Disraelly
said with the proviso that the beautification fee amount would be
reviewed. Laura Stuurmans said "4" should be struck under subsection
D of the Resolution and subsection 5 indicates that no building permit
may be issued until Marmon receives their share of each ERC payment.
Jon Henning said Council should strike numbers 4 and 5 from the
Resolution.
VOTE:
ALL VOTED AYE
b) C/M Disraelly MOVED to ACCEPT the revised Water & Sewer Developers
Agreement dated 9/8/82, SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
18. Concord Village - Model Sales Facility - Discussion and possible
action to renew a model sales permit.
SYNOPSIS OF ACTION: APPROVED for 6
months from 2/10/83.
C/M Disraelly said Council has a report indicating that there is
nothing due and he MOVED that the 6 month extension of the model
sales facility be APPROVED for 6 months from 2/10/83, SECONDED by
C/M Krantz.
VOTE:
ALL VOTED AYE
C/M Disraelly mentioned to Joel Kommer that there are two signs for
Concord Village that are located on Lagos de Campo and McNab that
need beautification and planting at the base of each and he requested
that this be done and Mr. Kommer agreed to do it. C/M Disraelly said
on McNab Rd. it is necessary to have this sodded for the length of
the road and Julian Bryan said he will check into this further.
PUBLIC.HEARINGS
10. NW 26 Terrace - _Temp. Ord. #1015 - Discussion and possible action
to erect a barrier at the southerly end of this street in Tamarac
Lakes South. Second Reading.
SYNOPSIS OF ACTION: APPROVED on
second and final reading.
ORDINANCE NO. 0 - 93 -/ PASSED.
Jon Henning read the Ordinance by title and Mayor Falck opened and
closed the public hearing afterno response. C/M Disraelly MOVED
ADOPTION of Tema. Ord.#1015 on second and final reading, SECONDED by
C/M Krantz.
VOTE:
ALL VOTED AYE
- 12 - 1/26/83
/pm
11. Ticon, Inc. - Rezoning Petition #21-Z--82 - Temp. Ord. #1016 -
Discussion and possible action to rezone the southwest portion
of the island located west of City Hall, south of Paradise
Estates, east of NW 94 Avenue and north of Tamarac Jewish
Center and Broward Neighbors, from R-lB to R-4A. First Reading.
a) Acceptance of Affidavit of Publication, Affidavit of Posting
and Affidavit of Mailing.
b) Consideration of application.
SYNOPSIS OF ACTION: a) ACCEPTED Affidavits,
b) TABLED for further review.
a) Jon Henning read the Ordinance by title and C/M Disraelly MOVED
ACCEPTANCE of the Affidavits of Publication, Posting and Mailing,
SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
b) Mayor Falck opened the public hearing. Julian Bryan, representing
Ticon, Inc.,.owners of this property said this was originally zoned
industrial in the City.and is surrounded by either B6 or multi -family
density on every side. He said from the standpoint of existing land
uses, there are existing single family homes at the northeast quadrant
known as Paradise Estates, the City Hall is across the canal at the
southeast quadrant and the Temple is at the west side of the entrance
road in the south center of the property and the Broward Times is
west of that. He said they are proposing three separate zoning categories
which cut the property into Petitions 21-Z-82, 22--Z-82 and 23-Z-82.
Tape
5 Mr. Bryan said he submitted backup documents which included a sheet
that showed the property in the original zoning configuration that
shows all of the surrounding zonings, the land use plan recommendation
and their proposal and numbers of dwelling units. He submitted, at
the request of Richard Rubin, a separate exhibit that goes with each
of the three rezonings that in effect, takes the property and shows
what will occur in each quadrant.
He said they have attached with each of these a separate set of deed
restrictions and covenants that will restrict each parcel to an
enumerated number of dwelling units and to a housing type. He said
because of the existing land use in the northeast quadrant at Paradise
Estates, this entire 14 acre piece which runs for approximately 800
or 900 feet along the canal will be restricted to one story, single
family detached dwellings. He said there will be a.maximum of 47
units and the two opposite corners with Petition #22-Z-82 will
be restricted to no more than two story and either 76 or 78 dwelling
units. He said the southwest quadrant will be allowed to have three
stories and a maximum of 252 dwelling units. He said the cumulative
total what is allowed in each quadrant is added would be a maximum of
453 units on the 46.1 acres.
Mr. Bryan said they are also .proposing that some 5.48 acres will be
set aside as retention, although the City requirement is only 2.3
acres of retention. He said if this petition is approved on second
reading at the next meeting, they are prepared to submit a site plan
to allow them to excavate the blue areas and they recognize that they
will accrue any additional benefits to the retention provided that
that would be conveyed to the City for the City to use as it saw fit.
He referred to a conceptual site plan study which he had given to
Council for review and he said the original configuration showed one
major recreation facility in the north center of the property but it
was felt, for a number of reasons, that this would be inappropriate.
Mr. Bryan said one of the problems that this could have created was
that all of the recreation use for the entire development would have
been adjacent to the single family homes. He said they felt it would
be more appropriate to put them somewhere in the middle of each part
of the development.
13 - 1/26/83
/Pm
Mr. Bryan said they realize that they will still be required to meet
the Ordinance requirement of 9% of,the gross site area for recreational
facilities. He said Council does have the original copies of the
covenant. C/M Disraelly asked Mr. Bryan what they were going to do
with the fill and Mr. Bryan said after the site is balanced, they would
be happy to make available to the City whatever excess existed.
Harold Newman, resident of Section 23,said there are two bridges that
lead onto this island area and he questioned if there are any require-
ments for fire or emergency equipment to enter and leave this area.
Mr. Bryan said these are normal roads and would provide normal entry
and exit from this area. Mayor Falck closed the public hearing with
no further response and V/M Massaro said she objected to the R-3
zoning of Petition #23-2-82 that R-3 would be more appropriate if there
is a covenant with it.
C/M Disraelly said this should be deed restricted to a condo or a
fee simple title for each unit so that the City could be protected from
low income housing, etc. Jon Henning said the site plan should
indicate the type of housing that they are anticipating and if there
were a change in the plans, the site plan would be voided and another
proposal could be brought before Council without tying up the land.
Mr. Bryan said he is troubled with legislating how a unit can be used.
Mr. Henning said he does not think that you can say there will be no
rental units on the property and he does not advise Council to do that.
He said if the Association approves of renting units, Council should not
stand in their way.
V/M Massaro suggested tabling this for further review by Council and
Julian Bryan asked for clarification on the points that should be ad-
dressed. V/M Massaro said there are several points:
1. The language within the covenant, those that need covenants and
those that do not need covenants.
2. Whether there are any impact fees for traffic lights or hydrants.
She said if this is done at this point, the County said that money
can be used for their impact but this must be done collectively between
the City and the applicant at the proper time and then the County will
accept it. She said the timing involved must be checked into further
and the applicant saves because he will not pay double to the County
and the City with that money being used somewhere else.
3. The number of units and whether there should be some compensation
to the City because of this number .of units.
Mr. Bryan said they will probably wish to reconsider whether they want
to give 5-1/2 acres of retention also. He said the only reason they
used R-3 zoning is because that is the only available zoning vehicle
to have single family detached dwellings as villas which can be clustered
and create a more interesting site plan. Richard Rubin said since
Julian Bryan made the application, the City has adopted an RM-5 zoning
district. He said it is a more restrictive district, therefore, it
would not require any changes in the legal advertising but this must
be looked into. V/M Massaro MOVED that this item be TABLED for further
review. SECONDED by C/M Disraelly.
VOTE:
ALL VOTED AYE
12. Ticon, Inc. - Rezoning Petition #22-Z-82 - Temp. Ord. #1017 -
Discussion'and possible action to rezone the northwest and south-
east portions of the island located west of City Hall, south of
Paradise Estates, east of NW 94 Avenue and north of Tamarac Jewish
Center and Broward Neighbors, from R-lB to RM-10. First Reading.
a) Acceptance of Affidavit of Publication, Affidavit of Posting
and Affidavit of Mailing.
b) Consideration of application.
- 14 - 1/26/83
/pm
SYNOPSIS OF ACTION: a) ACCEPTED Affidavits,
b) TABLED for further review.
a) Jon Henning read the Ordinance by title and C/M Disraelly MOVED to
ACCEPT the .affidavits of publication, posting and mailing. SECONDED
by C/M Krantz.
khre 1m
ALL VOTED AYE
b) Mayor Falck opened and closed the public hearing with no response
and V/M Massaro MOVED that Rezoning Petition 022-Z--82 be TABLED for
further consideration, SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
13. Ticon, Inc. - Rezonin2 Petition #23-Z-82 - Temp. Ord. #1018 -
Discussion and possible action to rezone the northeast portion
of the island located west of City Hall, south of Paradise
Estates, east of NW 94 Avenue and north of Tamarac Jewish Center
and Broward Neighbors, from R-lB to R--3. First Reading.
a) Acceptance of Affidavit of Publication, Affidavit of Posting
and Affidavit of Mailing.
b) Consideration of application.
SYNOPSIS OF ACTION: a) ACCEPTED Affidavits,
b) TABLED for further review.
a) Jon Henning read the Ordinance by title and C/M Disraelly MOVED to
ACCEPT the affidavits of publication, posting and mailing. SECONDED
by C/M Krantz.
VOTE:
ALL VOTED AYE
b) Mayor Falck opened and closed the public hearing with no response and
V/M Massaro MOVED that Rezoning Petition #23-Z-82 be TABLED for further
review, SECONDED by C/M Krantz.
VOTE;
ALL VOTED AYE
14. F & R Builders, Inc. - Rezoning Petition #41-Z-82 - Temp. Ord.
#1019 - Discussion and possible action to rezone lands located
north of NW 71 Place and west of Nob Hill Road, being the recreation
parcel of the proposed Ashmont development, .from R-3 and R--3U
to S-1. First Reading.
a) Acceptance of Affidavit of Publication, Affidavit of Posting
and Affidavit of Mailing.
b) Consideration of application.
SYNOPSIS OF ACTION: a) ACCEPTED Affidavits,
b) TABLED for further review.
a) Jon Henning read the Ordinance by title and C/M Disraelly MOVED to
ACCEPT the affidavits of publication, posting and mailing, SECONDED
by C/M Krantz.
VOTE: ALL VOTED AYE
b) C/M Disraelly asked Jim Holland if the site .plan has already been
approved and he said it was. C/M Disraelly asked if there would be
any shade or benches at the end of the shuffleboard court and Mr.
Holland said this was addressed and is worthy of consideration. V/M
Massaro asked Mr. Holland if the various things that were going into
this were shown on the site plan and he said they were. Mayor Falck
opened and closed the public hearing with no response.
V/M Massaro MOVED the APPROVAL on first reading of Petition #41-Z--82,
SECONDED by C/M Disraelly.
VOTE:
ALL VOTED AYE
- 15 - 1/26/83
/pm
16. Tamarac Jewish Center - Discussion and possible action on:
a) Request for one-year extension to the provisions of Code
Section 7-31 requiring screening of equipment on roof
(tabled from 11/10/82)
b) Request for refund of drainage improvement and drainage
retention fees (tabled from 1/12/83)
SYNOPSIS OF ACTION: a) TABLED to 2/9/83
meeting, b) APPROVED refund of $3,010.
a) V/M Massaro said this requires further review and C/M Disraelly said he
tequested.that.,the City Planner rewrite the roofscape Ordinance
which currently permits only wind -driven turbines to include power -
driven exhaust. V/M Massaro said Mr -Schulman has indicated that
this was not feasible for them and she would like an Ordinance written
which would give the City the power of waiver on existing buildings.
C/M Kravitz MOVED to TABLE this to the 2/9/83 meeting for Council's
further review. Jon Henning said at the last meeting, an Ordinance
was distributed to Council which was a proposed amendment to
allow for an exception on existing buildings. V/M Massaro SECONDED
the MOTION.
VOTE: ALL VOTED AYE
b) Morris Glicksman, Chairman of the Legal Committee for the Tamarac
Tape Jewish Center, said they have expended $3,500 for drainage retention
6 in addition to the regular approved plans. V/M Massaro asked what
was done for this amount and Mr. Glicksman said they put an additional
drain in which was requested by the City Engineer. V/M Massaro said
this was not retention, this was a burden on the retention system.
Mr. Glicksman thanked the City Attorney for the use of the Law Library
facilities and said they found numerous articles relating to the
subject but, unfortunately, the opinions were equally divided.
Mr. Glicksman said there is no definite legal answer to this problem.
He referred to the City Attorney's memo dated 1/26/83 which stated
that the Temple has a legitimate. argument. Mr. Henning said there are
4 typographical corrections to be made on the memo. On the first page
Question No. 3 reads "what is the significance of the Ordinance that
proviso", he said the word "that" should come after "proviso". Mr.
Henning said on Page 4, second paragraph, "Section 5" in 2 places
should be "Section 4" and on the last page near the bottom it says
$35,000 x "57" should be "W'.
Mr. Henning said many hours of research have gone into this situation
and the matter is much clearer than Mr. Glicksman suggested. He said
whether this fee should bepaid has nothing to do with whether or not
the Temple is tax exempt, the fee should be paid if there is a service
rendered. He said he does not have to defend the Ordinance since the
City Engineers and Consultant City Engineers all determined the need
for retention within the City and the need for canals. He said there
is a service rendered here; the service is that there is water retention
in the canal instead of on the property of the Temple.. He said the
catchbasin which was placed in the parking lot would allow the run-off
water, instead of percolating, to be emptied into the canal.
Jon Henning said he is confident that the CIAO charge is a service and
the fee is for the reserve capacity added to a water and sewer treatment
plant for the benefit of new users who put a burden on the system.
He said in an effort to be fair, he feels the Temple does have a
legitimate argument and it is his conclusion that it would not be
proper for any of these funds, $3,010, to be used for recreational
purposes but for the drainage retention purpose. He said it is
incumbent upon Council and the City Manager to determine that this
amount is used for drainage purposes or, if there are intentions to
use them for recreational purposes, they should first be refunded.
- 16 - 1/26/83
/pm
Mr. Henning referred to the court orders and said Leadership and their
successors, who have joined in the court orders, have less or no
standing to object to the use of that $1,200 for recreational purposes
because they are bound by the court orders. He said people outside
of Sections 4, 5 and 6 are not bound by the court orders, "'and
the Temple is in Section 8. He said he determined that no money from
drainage retention has been spent for recreational purposes. He said
the money is in a Recreational Fund of the City. Mr. Glicksman said
the Temple has not received a service because the funds are in the
recreational fund.
Mr. Leiber, representing the Temple, said this fee was levied for the
purpose of being a drainage fee but was put into the Recreational Fund
and on this fact alone, he would advise the Temple to go to court.
V/M Massaro said if this money is in the Recreation Fund now,it was
not in the beginning. She said it went into the Drainage Fund
because of the fact that the stipulated court order said that
3.2 acres of that money was to be put into the Park and Recreation
Fund. The City Manager said this was the collected equivalent of
the 3.2 acres times $3,500 and was not individual increments. Mr.
Leiber said this was a vague transfer of funds and was actually for
revenue, therefore, a tax.
Jon Henning asked if Mr. Leiber is suggesting that the Temple is fee
exempt and Mr. Leiber said this is a tax and the Temple is tax exempt.
Jon Henning referred to a court case where the Supreme'Court of Florida
said in reference to the example of CIAC charges, "we join many other
courts in rejecting the contention that such connection fees are taxes".
Mr. Henning said in his memo, he took the logic of the CIAC as a fee
and imposed the two -prong test that this case hasy first, that it
should be reasonable based.upon the services rendered and a related
charge and second, that it be used for the specific purpose which was
specified and that purpose put in writing in a contract, Ordinance, or
whatever. Mr. Henning said if these fees are used for drainage
retention, that is lawful, a service, that has a specific purpose,
that is designated in writing and that is the law of Florida. He said
if these fees are not used for drainage retention purposes, than his
memo recommends a refund be given.
Mr. Henning said no money has been spent as yet and Council must decide
whether they want to leave that money in the Recreation Fund or guide
staff to see that none of the money from the purchase of those 3.2 acres
is used for recreational purposes unless there are contributions from
the developers in Sections 4, 5 and 6 who waived their rights under
this case by the stipulation. Mr. Henning said there are two fees -as
he outlined in his memo, a $130 fee per acre has nothing to do with
the recreational purpose. The Temple representatives said they would
waive that fee. Mr. Henning said the question concerns the $3,010.'
C/M Disraelly said if this amount was placed in the Recreation Fund
rather than the Drainage Fund by whatever means or error, they are
agreed that all of the Park and Recreation Fund monies have been
properly placed and there was a service rendered by the drainage fee
in that it is for water retention. C/M Disraelly MOVED that this
does not set a precedent for future development of Temple property but
that,in this one instance, because the fund was placed, for whatever
reason, in the Park and Recreation. Fund, the refund of $3,010.00 should
be made, SECONDED by C/M Krantz.
C/M Kravitz commended the City Attorney for his research and said he
is in favor of refunding this amount to the Temple. V/M Massaro said
she feels this action is improper since the retention for the drainage
is necessary and the Temple could have given the retention that was
necessary and there would not have been a fee. She said this money
was put into the Retention Fund and the amount that was applicable to
recreation was transferred and was earmarked for the purpose that
Stipulation 2 and 3 made clear. She said the fee is correct, applicable
and should have been paid and should not be refunded.
` 17 - 1/26/83
/pm
Mayor Falck said he agrees with V/M Massaro since there were options
that were available to do the retention work or to pay the fee. He
said it is unfortunate that any of the money was transferred to the
wrong area but two wrongs do not make a right and the Temple should
pay their rightful share. Mr.Sch_ulman,..President of the Temple,said
he feels they erected a new seawall at a cost of approximately
Tape $30,000 for retention and they have done their part in this regard.
7 V/M Massaro said this seawall could have been put back a little
further which would have given the Temple the amount of retention
which is required.
C/M Kravitz said on 5/21/82 he asked the Acting City Attorney, Alan
Ruf,to give him a decision on a possible conflict of interest on
matters involving Tamarac Jewish Center and he sent correspondence
stating that he researched the problem and any possible conflict of
interest between the duties as Councilmen and their positions on the
Board of Directors of Tamarac. Jewish Center would be of no direct
benefit by any decision made in favor of the Temple. C/M Kravitz
said on 1/25/83 he received a memo from the City Attorney concurring
with that opinion of. Alan Ruf. C/M Kravitz said he would like this
in the record. C/M Krantz said a great deal of thought has gone into
this decision.
VOTE: C/M Krantz Aye
C/M Kravitz Aye
C/M Disraelly Aye
V/M Massaro Nay
Mayor Falck Nay
25. Tamarac Gardens - Revised Site Plan - Temp. Reso. #2603 - Dis-
cussion and possible action on a revised site plan for the
entrance and the recreational facilities.
SYNOPSIS OF ACTION: APPROVED
with conditions.
RESOLUTION NO. R - 93 ::_ —PASSED.
Jim Holland, representing Tamarac Gardens,said the revisions are to
the recreational area and the entry feature. He said originally the
primary recreational area had one kind of sport indicating a cabana
and there was a provision in the documents that if the recreational
building was not approved by the City, the cabana would be built in
lieu thereof. He said the second revision was to add a cabana in
addition to the recreation building at the primary recreational area.
He said there was some discrepancy between the text of the document
and the graphics, of the document and what should be done in relation
thereto. He said this revision reflects the addition of two shuffle-
board courts on the primary recreational area,an additional tennis
court on the secondary recreational area as well as the indications
of the same facilities that were there before, two shuffleboard courts,
a Bar-B-Q and a Chickee. He said, in response to the desire of the
residents in identifying the project, an entry feature is being added
on the roadway between Tracts L and M leading into the western portion
of the site plan. He said the entry feature is for project identifica-
tion as well as to screen an existing lift station and is in the form
of a gate so that the Public Works Department would have accessibility.
V/M Massaro asked Mr. Holland if they will provide a canopy with benches
and some storage area for equipment and Mr. Holland said they usually
construct the benches which house the equipment. Mr. Holland said it
would be a simple matter to relocate the proposed Chickee to use as
a shaded area for the shuffleboard courts. Mr. Holland said they will
construct a shelter at both ends of the courts with a locker provision
and concrete benches.
Jon Henning read the Resolution by title and
Page 4 of the Development Review Status Sheet
requested to the plan which the applicant has
said Mr. Holland will make the changes to the
=V=
Richard Rubin referred to
where two changes were
agreed to. Mr. Rubin
drawing. first, the wall
1/26/83
/Pm
that faces McNab Rd. is technically short of the minimum setback
distance from 7' ;therefore, they have agreed to move the wall
approximately 2' further south. Secondly, Mr. Rubin said, on the
site plan it should say "Revised" and the City requires a mylar of
the site plan before a building permit is issued. V/M Massaro asked
Richard Rubin if he has computed whether this is the proper size for
the clubhouse and Mr. Rubin said that clubhouse is part of the
previous plan and this has not been.changed. V/M Massaro asked
Marty Riefs if this clubhouse has been built and he said it was
built 9 months ago. Mr. Rubin said he would review the dimensions
of the clubhouse and send the Vice Mayor a memo.
C/M Disraelly MOVED the revised site plan, Temp. Res_o. #2603,be
APPROVED as red --lined and included -on Page 4 of the Development Review
Status Sheet, that there shall be a setback; site plan shows only 2'
and it must be 7' from all streets. The title should say "Revised"
and they shall submit a new mylar prior to the issuance of a building
permit. That this include covered shelters and concrete benches at
both ends and a storage facility at one end at both shuffleboard
courts. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
Mayor Falck recessed the meeting until 5:05 P.M.
MEETING WAS CALLED TO ORDER AT 5:05 P.M. AND ALL WERE PRESENT.
PUBLIC HEARING
30. Amusement Centers - Temp. Ord. #1013 - 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. Second Reading.
SYNOPSIS OF ACTION: APPROVED
on second and final reading. City
Attorney will send memo to Council..
ORDINANCE NO. O -02 PASSED.
Jon Henning read the Ordinance by title and Mayor Falck opened the
public hearing. Ray Munitz, speaking for the Presidents Counci.l,said.
this Ordinance is something they can all be proud of. Barry Epstein,
representing the Southeast Florida Vendors Association,said the
Association does not have any objections to the wording of the current
Ordinance as it is now. He requested that Council ratify all of the
provisions and address the original Ordinance as well. Mayor Falck
closed the public hearing with no further response.
Jon Henning said the suggestions made by Mr. Epstein will be taken
under advisement and C/M Disraelly MOVED the ADOPTION of Temp. Ord.
#1013 on second and final reading. SECONDED by C/M Krantz. V/M
Massaro said she would like the City Attorney to issue a memo on what
he thinks Council should address that may be of an illegal nature that
might not be able to stand up in court.
VOTE:
ALL VOTED AYE
23. Westview at Colony West Countr Club/Parcel L - Model Sales
Facility Discussion and possible action to renew a permit for
use of the model sales facility at Parcel R for this project.
SYNOPSIS OF ACTION: Reconsidered and
APPROVED with conditions (See Page 7).
- 19 -
1/26/83
/pm
C/M Disraelly MOVED to reconsider item 23 for further discussion,
SECONDED by V/M Massaro.
VOTE:
ALL VOTED AYE
C/M Disraelly said Westview Parcel L owed the City $589.34 in interest
from 12/11/82 to 1/11/83 and on 1/26/83, they will be owing this amount
again, for a total of $1,178.68 and it should be called to their
attention prior to the next Council meeting that they are required to
take down 25% on the CIACs at $12,625. C/M Disraelly MOVED to rescind
the extension of their 6 month model sales permit and that they must pay
the City $1,178.68 for past due interest and $12,625 by 2/9/83 for the
25% take downs on CIACs that are required. SECONDED by V/M Massaro.
Jon Henning said it should be put in the record that there was no one
present on behalf of the petitioner in the morning when this action was
taken.
VOTE: ALL VOTED AYE
22. Colony est
action to �o� Wstview Club/Parcel R - Model Pales Facility -
Discussion a model sales ermit
SYNOPSIS OF ACTION: Reconsidered and
APPROVED with conditions (See Page 7).
C/M Disraelly MOVED to rescind the action taken in the morning permitting
the model sales for Parcel R because they owe interest from 12/27/82 to
1/27/83 in the amount of $1,114.49 for past due interest and on 1/27/83
they will owe the City $23,875 as a 25% take down on the CIACs,.to be
paid by February 9, otherwise we will close down the model sales facility.
C/M Disraelly said the City Clerk is to advise them that they have two
weeks to get the money in for both of them. SECONDED by V/M Massaro.
V/M Massaro asked whether it was a default on the day it is due. Mr. Henni
replied that one day late is a violation of the contract. The contract is
not voidable until 15 days delay plus 7 days notice. V/M Massaro agreed
they are not in default until the notices are issued.
Upon questioning by the Assistant City Clerk, C/M Disraelly said that
both Parcel L and Parcel R are both approved subject to these conditions,
and payment must be received by February 9 or permits are void. SECONDED
by C/M Krantz. Jon Henning said his comments on Item 23 would apply for
this as well.
VOTE:
ALL VOTED AYE
24. Mainlands Center - Discussion and possible action to amend the
Water and Sewer Developers Agreement. Temp. Reso. #2607.
SYNOPSIS OF ACTION: APPROVED authorizing RESOLUTION NO.�e- oPASSED
the proper City officials to enter into
an amended Water and Sewer Agreement.
Jon Henning said the building was negotiated and decided on at 2--1/2
ERCs and the fees were paid for this amount, but a copy of the contract
was executed and recorded at 6 ERCs. He said there is a memo and a
Resolution authorizing the proper City officials to amend the contract
and enter into a corrected contract and have it properly recorded. He
said there is no refund involved in this transaction. Jon Henning read
the Resolution by title.
V/M Massaro MOVED the APPROVAL of the Resolution authorizing the proper
City officials to enter into an amended Water and Sewer Agreement for
Mainlands 7, SECONDED by C/M Disraelly.
VOTE: ALL VOTED AYE
- 20 - 1/26/83
/pm
19. Queen of the Sea, Inc. - Special Exception Petition #40-Z-82 -
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 zoning district in conjunction with a proposed
restaurant to be located at 6101 N. University Drive (public
hearing held 12/22/82) (tabled from 1/12/83).
SYNOPSIS OF ACTION: APPROVED with
conditions.
RESOLUTION NO. R -Z3 19- PASSED.
Jon Henning read the Resolution by title and V/M Massaro said the
owner of the property, Mr. Gardner, was in with his attorney, Barry
Eden, and he said he is willing to pay the $5,000 to be used as a
contribution toward a traffic light. Mr. Gardner explained to V/M
Massaro that he has had a hardship financially and gave her a check
for $400 and will pay $400 per month until the $5,000 is paid in full.
She said he asked Council's indulgence in this matter and
said she told Mr. Gardner that if Council accepted these terms it would
be subject to the City Attorney entering into a signed agreement that
would have to be recorded and his license would depend on this agree-
ment.
V/M Massaro said the payments would cover approximately 14 months and
C/M Disraelly suggested tying this in with Mr. Gardner's Occupational
License next October. V/M Massaro MOVED that the Temp. Reso. #2573
be APPROVED subject to them paying the $5,000 fee to be used toward
the traffic light. Payment is conditioned on acceptance of the $400
ape check and the remaining amount will be paid $400 monthly until the
8 entire amount is paid in full. Failure to pay the payments on time
and in full would be a condition to preclude him from receiving an
Occupational License next year. The hours of operation are 8 a.m.
to 2 a.m. local time and no transfer of license to anyone else or any
other location. Barry Eden will meet with the City Attorney to
finalize the legal work involved. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
31. City Council Reports
V/M Massaro said she has a letter from Shell Oil Co. regarding the
property at NW 88 Ave. and NW 61 St. There is a petition in from
Mr. Wasserman for low-income housing on that property and she read
Mr...McKay's letter into the record which stated that Shell Oil Co.
does not have a signed contract on the subject property. She said
there is a meeting scheduled between Mr. Wasserman, Mr. McKay and
herself and she noted that the. City has not approved low-income
housing at the McNab Rd. area.
CIMDisxaelly said the..City Manager and he visited the people in Banyan
Lakes :that are interested in becoming part of Tamarac. The City
Attorney will have a petition ready to give to those people to be
presented to the Legislative Delegation for approval. He said the
people in Cypress III need streetlights for their entrance way.
He said FP&L said they are having difficulty getting necessary
installation of lights. He asked the City Manager to follow this up
with the City Engineer.
V/M Massaro said on 64 Ave.,when the traffic light was installed, they
removed the light across the street from Norman Ord's house and they
have not replaced it. She requested the City Manager check into this.
She said when the County removed every other light on Commercial Blvd.,
they were to correct the fact that they took the light out at the
intersection of 64th and Commercial Blvd. and this has not been done.
She requested the City Manager check into this. She said concerning
Lagos de Campo, the DOT and the County Engineering Dept. are working
to get that traffic light in.
- 21 - 1/26/83
/pm
Mayor Falck -- No report.
C/M Krantz - No report.
C/M Kravitz - No report.
33. City Attorney Report
Jon Henning said regarding the Leadership motion for enforcement of
the court orders, the attorneys will meet with him again on Tuesday,
2/l/83 at 10:00 a.m. in the Courthouse in Judge Weissing's Chambers.
32. City Manager Report - No report.
Mayor Falck adjourned the meeting at 5:45 P.M.
MAYOR
ATTEST:
AS ISTANT CITY LILERK
This public document was promulgated at a cost of $ or $ /'Z , C7
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.
1/26/83
/pm
APPROVED BY