HomeMy WebLinkAbout1982-01-27 - City Commission Regular Meeting MinutesP. D. BOX 25DIO
TAMARAC, FLORIDA 33320
FIRST CLASS MAIL
CITY OF TAMARAC, FLORIDA
CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, JANUARY 27, 1982
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 Council
members to table those items which require additional research.
Council may agendize by majority consent matters of an urgent
nature which have come to Council's attention after publication.
PRESENTATION AND AWARDS
1. Employee of the Month -- Presentation of awards by the City
Manager to the "Employee of the Month" for the month of Dec-
ember, 1981.
2. Fraternal Order of Police - Presentation by Mayor Falck of a
proclamation designating January 30, 1932, as "Fraternal Ordei
of Police Day".
BOAk DS AND COMMITTEES
3. Welcominq Committee - Discussion and Possible Action on:
a) Re-establishing this committee by Temp. Ord. #939. First
Reading
b) Acknowledgment of donation of $250.00 received from Summit
Bank for the activities of this Committee. (tabled from
12/9/81) (scheduled to be heard at 10:00 a.m.)
COIISE14T AGEI4DA
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) Minutes of 11/30/81 - Regular Meeting - Approval recommended
by City Clerk (tabled from 1/13/82).
b) Alan F. Ruf - Consulting City Attorney - 1/21/32 - $1,800.00-
Approval recommended by City Attorney.
c) Mitchell Ceasar - Grants Consultant - 1/15/82 - $1,250.00
monthly retainer - Approval recommended by City Manager.
d) Muller, Mintz, Kornreich, Caldwell & Casey, P.A. - Special
Legal Counsel - 1/5/82 - $436.33 - Approval recommended by
City Attorney.
e) Williams, Hatfield & Stoner, Inc. - Consulting Engineer --
12/16/81 - $62.25 - Account 428--371-536-462 - Approval rec--
commended by City Engineer.
1/27 Pg.l
Presentation to
Judy Kitograd fc
December
1/27 Pgs.l & 2
Mayor presented
proclamation
1/27 Pgs.4,5&6
a)APPROVED on 1s
reading, b)ackncF,�
ledged donation
of $250 from
Sunnnit Bank,
TABLED to passag
of ord.on 2nd
1/27 Pgs.2 & 3
A) thru o)
accepted, 1)
TABLED until all
bills are in
PAGE TWO
f) Williams, Hatfield & Stoner, Inc. - Consulting Engineer --
12/16/81 - $136.63 - Account 425-368-535-310 - Approval rec-
commended by City Engineer.
g) Triple R Paving - 1980 Drainage Augmentation on NW 10 Avenue
Outfall - Approval for payment of $2,000.00 retainage.
h) Bid Authorization - Authorization to permit the City Manager
to go to bid on the following items:
a) Asphalt Paving and Guardrail for Caporella Park for Publi
Works Department.
b) Polygraph equipment for the Police Department.
c) Painting and structural repairs at Tamarac Utilities West
i) Public Works Department -- Capital Purchase - Approval to pro-
cure a 20--ton truck service jack and a 25-ton bearing press
to service certain vehicles.
j) University Drive Pedestrian Overpass -- Approval for payment o
$32,906.95 to Broward County for acquisition of right-of-way.
k) City Hall Revised Site Plan for Parking Lot Layout --Recommend
ed by staff to be removed from the agenda.
1) Festival of Lights -- Acceptance of report by the Holiday Com-
mittee (tabled from 1/13/82).
m) Hardy and Kaveney Cases - Approval to extend the tabling acti(
to a -future meeting at the request of the City Attorney.
n) Authorization for the solicitation of funds by the Juvenile
Diabetes Research Foundation on February 6, 1982, at various
intersections in the. City and waiver of Chapter 22 of the codE
governing "Solicitors and Canvessing".
o) Authorization for a Cookie Sale by the Broward County Girl
Scout Council on February 5-15, 1932, in the City and waiver
of Chapter 22 of the code governing "Solicitors and Canvass-
ing".
GENERAL ADMINISTRATIVE/FINANCIAL
5. Bid Award - Public Works_Del2artment - 1eMp. Reso. #2138 - Dis
cession and Possible Action to award a bid for lawn mainten-
ance within the City.
6. Mainlands Section 3 - Tem Reso. #2139 - Discussion and Pos-
sible Action to assign paragraph 5 of the Deed Restrictions
to the section association.
7. Bike Path Construction - Temp. Reso. #2140 - Discussion and
Possible Action to execute an agreement. with Florida Depart-
ment of Transportation for a bike path on University Drive.
8. Social Services - Discussion and Possible Action to authorize
staff to purchase a 15-passenger van.
PUBLIC HEARINGS 2:00 P.M.
7 Pg. 1
LED to 2/10
27 Pg. 3
Pg. 1
D to 2/10
7 Pg. 3
ROVED procure
from Regency
ge-$11,166.32
m Revenue Shai
/27 Pgs.15 & 16
9. Street Lighting System - Temp. Ord. #766 - Discussion and Pos- APPROVED on 2nd
sible Action to amend Chapter 24 of the Code by defining a reading as amendE
Swale and by requiring developers to prepay estimated mainten-
ance and service charges before improvement permits are issued
Second Reading.
L
PAGE
10. D. Wolfe, Colony West Joint Venture - Rezoning Petition
#27-Z-81�- TeM2. Ord. #959 - Discussion �and 'Possible Action
to rezone lands on the east side of NW 88 Avenue, south of
the Colony West Golf Course Clubhouse site from R-4A (15
dwelling units per acre) to RM-10 (10 dwelling units per
acre). First Reading.
a) Acceptance of Affidavit of Publication, Affidavit of Post
ing and Affidavit of Mailing
b) Consideration of Application.
11. D. Wolfe, ColonZ West Joint Venture - Rezoni_nq Petition
#28-Z-81 - Temp. Ord. #960 - Discussion and Possible Action
to rezone lands on the southeast corner of NW 88 Avenue and
McNab Road and extending eastward approximately 870-feet fror
R-4A (15 dwelling units per acre) to RM-10 (10 dwelling unit:
per acre) First Reading.
a) Acceptance of Affidavit of Publication, Affidavit of Post-
ing and Affidavit of Mailing.
b) Consideration of Application.
LEGAL AFFAIRS
12. Water and Sewer Rates - Tamarac Utilities West - Temp. Reso.
#2097 -- Discussion and Possible Action to establish and
modify the rates and charges applicable to the City Utility
serving customers west of State Road 7 pertaining to Home-
owner Association Recreation Facilities (tabled from 11/30/81
and 12/28/81).
13. Zoning Regulations - Temp. Ord. #846 - Discussion and Possib
Action to amend Chapter 28 of the Cade by creating an RM-5
Residential Multi -Family Dwelling District. First Reading.
(tabled from 1/13/82).
14. Burglar Alarms - Tem_p. Ord. #728 - Discussion and Possible
Action to regulate burglar alarm users and burglar alarm
devices under Chapter 14 of the Code. First Reading.
15. Beautification Requirements - Tem Ord. #952 - Discussion
and Possible Action to amend Section 6-16(b) of the Code per-
taining to the plants approved for landscaping purposes.
First Reading.
COMMUNITY DEVELOPMENT
16. Lakes of Carriage Dills, Inc. - Discussion and Possible Actio
on:
a) Acceptance of Drainage Easement by Temp. Reso. #2141
b) Authorization to execute an Option Agreement by TeM. Reso.
#2142
c) Authorization to execute an Escrow Agreement by Tem .Reso.
#2143.
d) Easement Vacation - Petition #2-V-81 -- Tem . Ord. #944
Vacation of an easement located on the east side of Sabal
Palm Blvd. North, within Parcel A of this proposed develop
ment, north of and adjacent to Sabal Palms Condominiums.
Second Reading. (tabled from 12/28/81)
e) Easement Vacation - Petition #3-V--81 - Temp. Ord. #945 -
Vacation of an easement located on the west side of Sabal
Palm Blvd. North, within Parcel B of this proposed develop
ment, north of and adjacent to Gardens of Sabal Palms.
Second Reading. (tabled from 12/28/81).
f) Easement Vacation -- Petition #4-V-81 - Temp. Ord. #946 -
Vacation of an easement located on the west side of Sabal
Palms Blvd. North, within Parcel B of this proposed de-
velopment, north of and adjacent to Gardens of Sabal Palms
Second Reading. (tabled from 12/28/81).
THREE
1/27 Pg. 16
a)ACCEPTED
affidavits, b)
APPROVED on lst
1/27 Pg. 17
a)ACCEPTED
affidavits, b)
APPROVED on lst
1/27 Pgs.9 & 10
ADOPTED as
1/27 Pg.1
TABLED to next
regular meeting
1/27 Pgs.11,12
13,14 & 15
TABLED to go back
o ccnndttee with
ouncil Workshop
o follow
1/27 Pgs.3 & 4
PPROVED on lst
1/27 Pgs. 20,21 &
n 2 2 a)APPROVED,
b)APPROVED Mayor
authorized to sigi
this before the
documents come in.
If the documents
are not in within
10 days developer
will come back to
Council.c)APPROVEF
as amended, djtthru
k) APPROVED on
second and final
I
PAGE FOUR
g) Easement Vacation - Petition #5-V--81 - Temp. Ord. #947 -
Vacation of an easement located on the west side of Sabal
Palm Blvd. North, within Parcel B of this proposed de-
velopment, north of and adjacent to Gardens of Sabal Palm:
Second Reading (tabled from 12/28/81).
h) Easement Vacation - Petition #6-V-81 - Temp. Ord. #948 -
Vacation of an easement located on the west side of Sabal
Palm Blvd. North, within Parcel B of this proposed de-
velopment, north of and adjacent to Gardens of Sabal Palm:
Second Reading (tabled from 12/28/81).
i) Easement Vacation - Petition #7-V-81 - Tem . Ord. #949 -
Vacation of an easement located on the east and west side:
of Sabal Palm Blvd. North, within Parcel A and Parcel B
of this proposed development, north of and adjacent to
Gardens of Sabal Palms and Sabal Palm Condominiums.
Second Reading (tabled from 12/28/81).
j) Easement Vacation - Petition #8-V-81 - Temp. Ord. #950 -
Vacation of an easement located on the east side of Sabal
Palm Blvd. North, within Parcel A of this proposed de-
velopment, north of and adjacent to Sabal Palms Condo-
miniums. Second Reading. (tabled from 12/28/81).
k) Rezoning Petition #22-Z-81 - Discussion and Possible
Action to rezone landsonthe east side of Sabal Palm
Blvd. North, approximately 680-feet south of Bailey Road,
and extending eastward from Sabal Palm Condominium Apart-
ments, from R-4A to S--1, by Temp. Ord. #953. Second Read-
ing. (tabled from 1/13/82).
17. Westview at Colony West Country Club/Parcel R - Discussion
and Possible Action on:
a) Site Plan - Temp. Reso. #2144
b) Landscape Plan
c) Water and Sewer Developers Agreement
d) Model Sales Facility permit
e) Waiver of seawall requirement
f) Acceptance of Deed for the road right-of-way for the inter
section of NW 88 Avenue and McNab Road by Temp.Reso.#2.145.
g) Acceptance of Water and Sewer Easement by Temp.Reso.#2146.
h) Acceptance of Drainage Easement by Temp.Reso. #2147.
18. Richway at Tamarac - Revised Site Plan -- Temp. Reso. #2148 -
Discussion and Possible Action on a Revised Site Plan en-
compassing revisions requested by Broward County pertaining
to traffic circulation on University Drive and on NW 82 St.
and for a reduction in the size of the building.
1/27 Pgsl7,18,
19 & 20
a) effective dat
of site plan
,ould be effectiv
.ate of Tetrp.Reso
2144 w/condition
b)APPROVED as
pproved by
ieautif ication
or�uittee, c)
APPROVED, d)
APPROVED, e)
thru i) APPROVED
1/27 Pgs.6,7,8&
9APPR3VED with
conditions
19. Fairways III - Revised Site Plan - - Tem,. r
Reso. #2149 Dis- 1/27 Held for
- - --
cussion and Possible Action on a Revised Site Plan for a 4- reconvened
1/28
foot fence around the swimming pool at the recreation area.
20. Trigg's Restaurant (5718 N. University Drive) - Si n
Temp. Reso. #2150 - Discussion and Possible Action to
the provisions of the sign ordinance for a permanent
21.
Waiver - 11/27 Pg. 4
APPROVED
waive
mansard
i
sgn.
1/27 Pg. 4
Dancin' Fish Restaurant (6363 W. Commercial Boulevard) - Temp APPROVED w/
Reso. #2151 - Discussion and Possible Action to waive the conditions
provisions of the sign ordinance for a permanent facia sign
facing west. 1/27 He ld far
22. Sunmark Industries (Sunoco Service Station) - Discussion on
request for waiver of platting requirements pursuant to
Section 20-4 of the code.
reconvened
meeting 1/28
1/27 Held for
23. Polish American Club -- Discussion and Possible Action on a reconvened 1/28
request for a refund of certain fees for proposed development o+;nn
1/27 held for
24,. Drainage Improvements in the City - Discussion and Possible 1/27heldteconven-.for
Action. �Y meeting
PAGE FIVE
REPORTS
25. City Council
26. City Manager
27. City Attorney
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 evident(
upon which the appeal is to be 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
R-IB & R-lC
-One-Family Dwelling
R-2
-Two-Family Dwelling
RD-7
-Two-Family Dwelling
R-3U
-Row House
R-3
--Low Density Multiple Dwelling
RM-10
-Planned Apartment
R-4A
-Planned Apartment
R-5
-Motel/Hotel
B-1
-Neighborhood Business
B-2
-Planned Community Business
B-3
-General Business
B-5
-Limited Business District
B-6
-Business District
S-1 -Open Space/Recreational
I-1 -Institutional
12-1 -Light Industrial
M-2 -Medium Industrial
A-1 -Limited Agricultural
A-5 -Agricultural/Excavation
T-1 -Trailer Park District
28. Donation of 1982 Dodge Steep Van for Police Department use as mobile crime
lab by Fraternal Order of Police Associates - Discussion and possible
action.
1/27 Held for
1/28 meeting
(1/27 Held for
1/28 meeting
1/27 Held for
1/28 meeting
1/27, Pg. 15,
Agend. by
Consent.
Check was present•
ed by CIM Zemel
as representative
of FOPA for
$8,693.00 to C/Mgy
to enable Police
Chief to purchase
1982 Dodge Step
Van for use as
crime lab by
police, accepted
by Council.
CITY OF TAMARAC, FLORIDA
REGULAR CITY COUNCIL MEETING
JANUARY 27, 1982
ipe
CALL TO ORDER: Mayor Walter Falck called the meeting to order on
Wednesday, January 27, 1982, at 9:30 A.M., in the Council Chambers.
ROLL CALL: PRESENT: Mayor Walter W. Falck
Vice -Mayor Irving M. Disraelly
Councilwoman Helen Massaro
Councilman Irving Zemel
Councilman Philip B. Kravitz
ALSO PRESENT:
City Manager, Laura Stuurmans
City Attorney, Arthur Birken
Asst.. City Clerk, Carol Evans
Secretary, Caroline Boerio(A.M.)
Secretary, Patricia Marcurio(P.M.)
MEDITATION & PLEDGE OF ALLEGIANCE: Mayor Falck called for a Moment of
Silent Meditation followed by the Pledge of Allegiance.
Mayor Falck reviewed the schedule of items and time allocations on
this day's Agenda.
5. PublicBid Award - Discussion and PossjiblesAction tonaward ea�bid efor # lawn -
lawn
maintenance within the City.
7. Bike Path Construction - Temp. Reso. #2140 - Discussion and
Possible Action to execute an agreement with Florida Depart-
ment of Transportation for a bike path on University Drive.
SYNOPSIS OF ACTION: Tabled to
next regular meeting of Februaryl0.
VOTE:
V/M Disraelly stated he had a memo from the City Manager
requesting that Items 5 and 7 be tabbed and therefore MOVED
that Items 5 and 7 be tabled to the next regular meeting.
Councilman Zemel SECONDED the MOTION.
ALL VOTED AYE.
13. Zoninq Re ulations - Tem Ord. #846 - Discussion and Possible
Action to amend Chapter 28 of the Code by creating an RM-5
Residential Multi -Family Dwelling District. First Reading.
SYNOPSIS OF ACTION: Tabled to
next regular meeting of February 10.
Arthur Birken requested that Item 13 be tabled because the
developer was having problems with F.P.L. and C/W Massaro
so MOVED. C/M Zemel SECONDED the MOTION.
VOTE: ALL VOTED AYE.
PRESENTATION AND AWARDS
1. Employee of the Month -- Presentation of awards by the City
Manager to the "Employee of the Month" for the month of
December, 1981.
SYNOPSIS OF ACTION:
by Mayor Falck.
Presentation made
Mayor Falck presented Judy Kitograd, Police Department,
with the "Employee of the Month" award for the month of
December, 1981.
2. Fraternal Order of Police - Presentation by Mayor Falck of a
proclamation designating January 30, 1982, as "Fraternal
Order of Police Day".
SYNOPSIS OF ACTION: Presentation made
by Mayor Falck.
_1- 1/27/82
cb
Mayor Falck read the official proclamation and stated this
proclamation will be read again and officially presented to the
proper individuals at the meeting on Saturday evening.
CONSENT AGENDA
a) Minutes of 11/30/81 - Regular Meeting - Approval recommended
by City Clerk (tabled from 1/13/82).
b) Alan F. Ruf - Consulting City Attorney - 1/21/82 - $1,800.00
Approval recommended by City Attorney.
c) Mitchell Ceasar - Grants Consultant - 1/15/82 - $1,250.00
monthly retainer - Approval recommended by City Manager.
d) Muller, Mintz, Kornreich, Caldwell & Casey, P.A. - Special
Legal Counsel - 1/5/82 - $436.33 — Approval recommended by
City Attorney.
e) Williams, Hatfield & Stoner, Inc. - Consulting Engineer -
12/16/81 - $62.25 - Account 428-371-536-462 - Approval
recommended by City Engineer.
f.) Williams, Hatfield & Stoner, Inc. - Consulting Engineer -
12/16/81 - $136.63 - Account 425-368-535-310 - Approval
recommended by City Engineer.
g) Triple R Paving - 1980 Drainage Augmentation on NW 103 Avenue
Outfall - Approval for payment of $2,000.00 retainage.
h) Bid Authorization - Authorization to permit the City Manager
to go to bid on the following items:
a) Asphalt Paving and Guardrail for Caporella Park for Public
Works Department.
b) Polygraph equipment for the Police Department.
c) Painting and structural repairs at Tamarac. Utilities West.
i) Public Works Department - Capital Purchase - Approval to procure
a 20-ton truck service jack and a 25-ton bearing press to
service certain vehicles.
j) University Drive Pedestrian Overpass - Approval for payment
of $32,906,95 to Broward County for acquisition of right-of-way.
k) City Hall Revised Site Plan for Parking Lot Layout - Recommended
by staff to be removed from the agenda.
1) Festival of Lights. - Acceptance of report by the Holiday
Committee (tabled from 1/13/82).
m) Hardy and Kaveney Cases - Approval to extend the tabling action
to a future meeting at the request of the City Attorney.
-2- 1/27/82
cb
n) Authorization for the solicitation of funds. by the Juvenile
Diabetes Research Foundation on February 6, 1982, at various
intersections in the City and waiver of Chapter 22 of the
code governing "Solicitors and Canvessing".
o) Authorization for a Cookie Sale by the Broward County Girl
Scout Council on February 5-15, 1982, in the City and waiver
of Chapter 22 of the code governing."Solicitors and Canvassing".
SYNOPSIS OF ACTION: Items a) thru o)
accepted except for Item 1) which was
tabled for further discussion.
C/W Massaro MOVED to remove Item 1) for further discussion
and C/M Kravitz SECONDED.
VOTE: ALL VOTED AYE.
Vice Mayor Disraelly MOVED the acceptance of all the Items
on the Consent Agenda, a) thru 0)except 1) and C/M Zemel SECONDED.
VOTE: ALL VOTED AYE.
C/W Massaro MOVED to table Item 1) to the next.regular
meeting until all the bills come in and C/M Kravitz SECONDED
the MOTION.
VOTE: ALL VOTED AYE.
GENERAL ADMINISTRATIVE/FINANCIAL
6. Mainlands Section 3 - Tem .Reso. 42139 - Discussion and
Possible Action to assign paragraph 5 of the Deed. Restrictions
to the section association.
SYNOPSIS OF ACTION:
Approved. RESOLUTION R-
L& PASSED
Mayor Falck read Temp. Resolution #2139 by title.
V/M Disraelly said this is the same type of action the
City has taken in a number of other Mainlands Associations
who have requested that they take over the deed restrictions.
Since the City has done this for others he, therefore, MOVED
that Mainlands Section 3 be approved on Temp. Resolution #2139
and C/M Zemel SECONDED.
VOTE: ALL VOTED AYE.
8. Social Services -- Discussion and Possible Action to authorize
staff to purchase a 15-passenger van.
SYNOPSIS OF ACTION Approved.
City Manager recommended that Regency Dodge be awarded the State
bid for $10, 414 with the options that would be desirable for
the van of $752.32. She asked.Council to authorize the City
Manager to procure the 15-passenger van from Regency Dodge for
a total price of $11,166.32 and stated there are sufficient
monies available in the revenue sharing fund budget for this
purchase and C/M Zemel so MOVED. C/W Massaro SECONDED the.MOTION.
VOTE:
LEGAL AFFAIRS
ALL VOTED AYE.
15. Beautification Requirements - Temp. Ord. #952 - Discussion and
Possible Action to amend Section 6-16(b) of the Code pertaining
to the plants approved for landscaping purposes. First Reading.
SYNOPSIS OF ACTION: Approved
on First Reading,
V/M Disraelly read. Temp. Ordinance #952 by title.
-3` 1/27/82
cb
V/M Disraelly MOVED that Temp. Ordinance #952 be approved
on first reading and C/M Zemel SECONDED.
Melanie Reynolds, resident, said she hoped the City would
keep some of these trees from being planted near structures.
V/M Disraelly said it is normally up to the landscape, architect
to determine the distance of the spread of the tree and they
usually take that into consideration. C/W Massaro stated that
when someone is beautifying their property they have some
rights to that extent and we should not interfere and tell
them how and where except to the extent that they are required
to put in so many plants and such a species.
VOTE: ALL VOTED AYE.
COMMUNITY DEVELOPMENT
• Triggto Re
staurant ant -- Sign Waiver - Temp. Reso. #2150 -- Dis-
cussion and
ossible Action to waive the provisions of the
sign ordinance for a permanent mansard sign.
SYNOPSIS OF ACTION:
Approved. RESOLUTION R- Zg�/ PASSED
V/M Disraelly read Temp. Resolution #2150 by title.
V/M Disraelly said this item came before the Beautification
Committee and the reason. it was initially denied by them was
because it was determined that it was a roof sign since
their original plan. The Beautification Committee recommended
that this come before Council for review because they were
particularly concerned at the fact that it had been placed
there before permission had been granted for that type of sign.
V/M Disraelly MOVED that Temp. Resolution #2150 be approved
and C/W Massaro SECONDED the MOTION.
VOTE: ALL VOTED AYE.
21. Dancin' Fish Restaurant - Temp. Reso. #2151 Discussion and
Possible Action to waive the provisions of the sign ordinance
for a permanent facia sign facing west.
SYNOPSIS OF ACTION: Approved. RESOLUTION -R,:5 PASSED
Vice Mayor Disraelly read Temp. Resolution #2151 by title.
V/M Disraelly said the reason this is before Council is that
the Ordinance requires that signs be over the entrance to the
store and there is no entry at that end; and there are no entries
off the west wall He said it is now before the Council as to
whether to permit a second sign over that building.
Ray Baade, Chairman of Beautification Committee, said he believed
in this case lack of a sign on the west side of the building
could provide a hardship to the applicant.
V/M Disraelly MOVED the approval of Temp. Resolution 42151
as long as it is on the west side provided the lettering be
identical in size, color and style to conform with that which
is on the south wall. C/W Massaro SECONDED the MOTION.
VOTE: ALL VOTED AYE.
BOARDS AND COMMITTEES
3. Welcoming Committee -- Discussion and Possible Action on:
a) Re-establishing this committee by Temp. Ord. #939. First
Reading.
b) Acknowledgment of donation of $250.00 received from Summit
Bank for the activities of this Committee.
SYNOPSIS OF ACTION: a) Approved on
First Reading b) Tabled subject
to passage of the ordinance on
Second Reading.
-4- 1/27/82
cb
Arthur Birken read Temp. Ordinance #939 by title.
a) C/M Kravitz stated the Welcoming Committee had their
meeting on January 15th and all were present except
for the 3 members appointed by Council. The report
indicated that the entire committee at the present time
is definitely in favor of the committee being continued
and if there were any ways _in which Council felt the
Committee could be improved in the way it functions, the
way residents should be brought in or anything else to
increase the availability of people.,, they were certainly.
interested in hearing it and trying to correct it. He
personally recommended the.Committee be continued because it
serves a definite purpose for the City.
V/M Disraelly said he saw the report which indicated the
Committee be continued but there was one thing that bothered
him and that was not having the minutes of December 9th to
refer to. At that meeting there were certain suggestions
made by members of Council and suggestions made by members
of the public. He further said that on the follow-up report,
which was the only thing he had, that.the City would like
the Committee to analyze the input presented to the Council
at that meeting and come back with recommendations to the
Council. V/M Disraelly stated that until Council had the
minutes, no one would know what the analyzation is or what
the recommendations are and in order to properly know what
was mentioned at that meeting, he suggested that this item
be tabled until Council had that report and that there be
definite recommendations to the Council as to action other
than just the same form of Ordinance which we originally had
and apparently caused some problems.
Mayor Falck asked Council if they would have any objection to
adopt this on first reading so that they could have a meeting
to develop procedures, etc. C/M Zemel MOVED the adoption of
Temp. Ordinance #939 on first reading. and C/W Massaro SECONDED.
V/M Disraelly indicated on Line 2$1F Item 3 instead of "conducting
auestion and answer period" he suggested the words "provide for"
be substituted because the Welcoming Committee may not have all
the answers, whereas "provide for" might have either a staff or a
Council person answer those questions. The maker of the MOTION
had no objection.
C/W Massaro said she did not understand Item 3 and asked for an
explanation.. Arthur Birken said the intent was to provide some
information to a new resident of Broward County, Tamarac or
both as to the functioning of City government and also questions
pertaining to their taxes and available recreation, both in and
outside the City, answering any other general questions that
a new resident would have moving into the area. C/W Massaro
asked the City Attorney who is supposed to do this. Mr. Birken
said the intent was for either the Committee to have individuals
who could do it on the Committee or to bring in people.
C/M Kravitz said it was the intent of the Committee to bring in
the chairman of the various committees as to where the residents
could secure this information and that was the purpose of it.
C/W Massaro said she had objection to funds coming from just
one source which would put the City in an awkward position.
Mayor Falck indicated that Line 16 stated 12 regular members;
he suggested changing that to a maximum of 12. He inquired
as to which would apply, honorary member of Council or liaison.
Mr. Birken said honorary member would more likely apply.
Tape Mitch Katzman, Welcoming Committee, said he felt you could
2 not get the same reaction with 100 people than you can get
with 30. Basically, he said it was impossible to get the
results with more than 30 people at a time.
1/27/82
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Marjarie Kelch, _resident, clarified that the City not
necessarily address more people but the fact that this
was discriminatory and not open to people who were not
specifically invited to come. She thought a general
invitation given to people within a certain length of
time would be a far more democratic way to run this.
C/M Kravitz said it would seem strange that if any member on
Council received calls why wouldn't it be referred to the
liaison to that committee so that Council could bring it
up to the committee to get it corrected. C/W Massaro
pointed out that at the last meeting changes and modifi-
cations were discussed and the procedures will have to
be carefully checked by the Committee.
Muriel Davis, resident, asked how many of the people that
have already visited chambers and government operations
have volunteered to be on any of our boards or committees.
She doubted that many of them have. Ms. Davis suggested
that the people who buy resale homes should be included
at these meetings and one way of doing this is to contact
the Chairman of Welcoming Committees at the various club
houses.
Oscar Tucker, resident, said with respect to donations and
as a concerned citizen, he felt it was a bad policy to accept
substantial amounts from an individual source who may be
doing business with the City. Fie said it opens Council up
for the possibility of being very close to a conflict of
interest situation. C/M Zemel stated that a City with an
18 million dollar budget doesn't have to go any place for
donations or contributions. He felt that the Festival of
Lights, Recreation Programs and Welcoming Committee should
be funded from the City treasury and agreed that there would
never be a conflict of interest.
VOTE: ALL VOTED AYE.
b) C/W Massaro said that in view of the fact that the City
already had $250.00 from the bank and was done in all good
intentions she still felt it was wrong to take it from one
source. She, therefore, MOVED that this money be rejected
with our appreciation and thanks.
C/M Kravitz said since this donation was given back in
November and was deposited in our account, he felt it would
be wrong at this point not to accept it on behalf of the City.
V/M Disraelly also agreed that the City should not change the
rules at this time. Mayor Falck recommended that Council
consider this at the time final action is taken on the ordinance
itself, because if the ordinance does not pass then the check
would have to be returned.
C/M Kravitz MOVED that this item be tabled until second reading,
subject to the passage of the ordinance on second reading and
C/W Massaro SECONDED the MOTION.
VOTE: ALL VOTED AYE.
COMMUNITY DEVELOPMENT
18. Richway at Tamarac - Revised Site Plan - Temp. Reso. #2148 -
Discussion and Possible Action on a Revised Site Plan en-
compassing revisions requested.by Broward County pertaining
to traffic circulation on University Drive and on N.W. 82 St.
and for a reduction in the size of the building.
SYNOPSIS OF ACTION: Approved RESOLUTION R-A2 3 PASSED
subject to conditions. -
Arthur Birken read Temp. Resolution #2148 by title.
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Richard Rubin reviewed the changes on the site plan with
Council and attorney Joel Gustafson,representing Richway,
pointed these out on the board. The first is a match line
which would place it south of 82 St; specifically,the County
wanted to make sure .once somebody leaves Richway there would
be an acceleration Lane south of 82 St. The second is the County
requirement that a right -turn lane be provided off University
Drive to give a safer access to 82 St. The third item is a
deceleration lane off of University Drive to allow a person to
enter Richway. Fourth item is the median on 82 St.which the
County has determined does not extend east as required by D.O.T.
standards. The developer is being asked to extend the concrete
median easterly closer to University Drive. The next change
concerns the future development parcel which is at the southeast
corner of the developer's property. The County is concerned how
access in and out of that site will be addressed. They are
allowing that site to have access in from University Drive.
Because it is so close to 82 St, the County is not permitting
that site to.have access out onto University Drive. V/M Disraelly
asked the City Planner if he was referring to entrance into
Parcel "A" or exit from Parcel.."A". Mr. Rubin said the right
turn only refers from University Drive entrance into Parcel "A"
but no exit out of Parcel "A". V/M Disraelly indicated that
the "in" should be emphasized.
C/W Massaro inquired about the area of future egress and ingress
and will that affect the ability of this parcel
to take care of its own parking. Mr. Birken said it is totally
different. Mr. Gustafson explained that if the developer sold
the parcel off it would have to stand on its own as far as
meeting the parking requirements. Council was in agreement
to remove this from the site plan.
Tape Mr. Rubin said the final change is in the area.of the design of the
3 building. Due to the additional mansard roof being placed along
University Drive and at the request of Council, the developer
has redesigned the size of their garden center, roof area, and
slightly increased the size of the unloading storage area.
Mr. Rubin pointed out the developer has more parking shown and
designated on the site plan than required by the Tamarac code.
V/M Disraelly indicated there would have to be 6 handicapped
spaces not 5. Mr. Rubin read the recommendaticnsof the Beau-
tification Committee to Council.
Mr. Gustafson stated that the County requires at their northern
most entrance, which is across from the fire lane loading bay,_
a one-way access that this be an exit only. They will not
allow a right turn and is asking the developer to design the
curb in this area. Mr. Rubin indicated this actually increases
the radius of the loading area.
George smith, resident, asked Council if anybody has given
consideration to the people who live immediately adjacent
to this property. He stated right adjacent to the property
is a golf course path which runs across 82 St to the other
section. People coming out of this exit will turn left to
University Drive but there will be a'good percentage turning
right and at that point there might be some people crossing
that street to the.golf cart path and there ,could be an awful
tradgedy. C/W Massaro said the golf courses have been required
to address that at a time when it becomes a problem. The way
the golf courses would have to address it is by putting up a
traffic light at that point. Mr. Smith stated that a traffic
light will be a difficult situation because the exit from the
parking lot and golf course path are immediately adjacent to
each other and personally did not see how a traffic light
could control the situation properly. Mr. Smith indicated
the Australian Pines divided the two exits, the golf course
and Richway. V/M Disraelly said the City ordinance requires
a 25' line of vision. In,order to give you a 25' line of vision
it will be required to cut the bottoms of the Australian Pines
to a height of 5'. C/W Massaro also suggested putting a no
right -turn sign at the golf cart crossing and delete right turn
arrow.
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Mr. Gustafson said the developer would bring the angle out,
put a curb on it and put a berm on it and a sign.
Mr. Smith was concerned about the drainage.
He said the drainage for this entire paved area is going
to be picked up and run down 82 St. into the canal area
behind their houses. Mr. Smith felt that during a flash
storm the canal would not be able to take this excess
amount of water.
C/W Massaro asked the City Engineer if the canal is the
size to accept the .-additional run off. Larry Keating said
the canal had the capacity and other benefits to increase
flow through that area to help to keep the waters cleaner.
C/W Massaro asked Mr. Keating if the canal which Mr. Smith
was referring to was a private canal. Mr. Keating said
this was a public canal and should be able to handle it.
Richard Borger, resident, said 3 years ago because of a large
storm his house was affected by water in the garage. C/W Massaro
said since that time there has been extensive work done on the
golf course and the various canals. Furthermore, since that
time 17 acres of retention have been put into the Woodmont
area which has made a great difference in the capacity of
retention throughout there. Larry Keating stated that the
residQnts should not compare the situation that existed back
in 1579 to the normal circumstances; that was equivalent to
a one -hundred year storm.
C/W Massaro MOVED the approval of revised site plan as red
marked and specifically these items:
The top soil landscaping and Bahia sodding on the median
on 82 St.
Remove Note 12 of the Revised Site Plan and the language
on Parcel "A" stating "area of future ingress and egress".
The handicapped parking amended on the plan to show 6 spaces.
This project is subject to compliance with Beautification
Committee recommendations dated 1/25/82.
Extend curb across the North Driveway to prevent entrance
into property; to include a "No Entrance" sign.
Place a "No Right Turn" sign at the west exit on NW 82 St.
and remove the exit arrow from the revised site plan,
extend the curb across the driveway to prevent right turn
and the area adjacent to it should be bermed so as not to
obstruct vision but to prevent anyone from making a right-
hand turn.
William Reese, Woodmont Property Association, said there will
be a terrible traffic congestion if people are allowed to come
out of the east exit to go right and not allow people who come
out of the west exit not to turn right.
Martin Curtis, resident of Woodmont, suggested the median be
cut so that the traffic can come through across the divider
and come out to University.
Milton Marr, Pres. of Woodmont Property Owner's Association,
suggested reversing the entrance and exits. Mayor Falck said
this has been going on since June and this is the first time
these questions have been raised here. Mr. Gustafson said
the developer would be willing to place a no--thru traffic sign.
C/W Massaro said she wanted to include also in her MOTION,
Relocation of any utilities shall be the developers responsi-
bility.
Mr. Birken said C/W Massaro would have to move the adoption of
Resolution #2148 with the several items she listed as conditions
within Section 4.
C/W Massaro MOVED the adoption of Temp. Reso. #2148 to include the
several items she specifically outlined and including the correctiox
of the one word in the Resolution to read "amended" instead of
"awarded" development order. V/M Disraelly SECONDED the MU'21UN.
Tape C/M Zemel said if there is a problem in the future because of the
4 right turn out of the shopping area into the Woodmont area,
certainly this
- 8 - 1/27/82
/cb
Council will look at it and do whatever has to be done to
correct it. The people of Woodmont can rest assured that
this will be done if the situation so rises.
VOTE:
LEGAL AFFAIRS
ALL VOTED AYE.
12. Water and Sewer Rates - Tamarac Utilities West - Temp. Reso.
#2097 - Discussion and Possible Action to establish and
modify the rates and charges applicable to the City Utility
serving customers west of State Road 7 pertaining to Home-
owner Association Recreation Facilities (tabled from 11/30/81
and 12/28/81).
SYNOPSIS OF ACTION: Adopted RESOLUTION R-PASSED
subject to changes.
Arthur Birken read Temp. Resolution #2097 by title.
V/M Disraelly referred to Steve Wood's report of January 21, 1982
which he felt is the best. He mentioned that Steve Wood
addressed the question of the service availability for sewer
which had not been previously addressed:.
He also called to Council's attention that the
single family residential and homeowners association recrea-
tion facility sewer had not been addressed and probably should
have been in the original resolution. V/M Disraelly indicated
that in the computations based on this, the net is a waste
water loss of $12,000 if Council adopts the resolution as it
was originally written with no regard to over 10,000 gallons.
V/M Disraelly said this resolution in Section D should read:
Service Availability - No Consumption. For a 5/8" meter- $6.20/mo.
1" meter-.$15.50/mo., 1-1/2" meter - $31.00 and 2" meter- $49.60/mo.
with the disposal charge per 1,000 gallons for 10,000 gallons or
less $.70 and all over 10,000 gallons no additional charge. He
said this would.satisfy the requests of the Tamarac Presidents
Council who asked the City Council to give consideration to the
homeowners association recreation facilities to be treated as a
single family residential, the same as the single family homeowners
and be taken out of the commercial water and sewer catagories.
V/M Disraelly MOVED the adoption of Temp.Resolution #2097.
C/M Kravitz said in reference to resolution #2097 it was the
purpose at that time in establishing that recreation centers
be given the residential rates without going into changing
any rates at this time. He didn't think Council is ready to
go into what rates are proper rates if it is necessary at all at
this time.
V/M Disraelly said if a recreation facility is given the same
status as a homeowner then he should pay the same rate as a
homeowner and this is not addressed if we use the resolution
as it is currently said. It presently says service availability
charge $6.20/mo. whether it is a.5/8" meter or a 1" meter, etc.
and thought that is why it has to be addressed.
C/M Kravitz felt if the City stays with the resolution whether
they are entitled to residential rates and then take up afterwards
the change in rates, the City would do better than trying to
combine the two together. C/M Zemel said the City has to address
the resolution for rates as it is today and all that Council
is trying to say that the clubhouses where there are single
family residences shall pay the same rate as the homeowner does
in a single family home.
V/M Disraelly added to his MOTION under Section G, add 2"Meter
with a service availability charge of $37.20.
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C/M Zemel asked Steve Wood if in any particular case, will
there be a higher charge to a clubhouse than they are paying
at the present time if Council passes this resolution?
Steve Wood said if Council passes it they would pay less.
Right now they are billed commercial rates which far exceed
the single family rate. C/W Massaro wanted to make sure
that in no wav a clubhouse like, Country Club, Woodmont,
Woodlands are included in these rate changes.
Mr. Birken said the language that appears in Paragraph S
was taken from the F.P.L. Tariff schedule. This sets forth
the criteria to qualify and it will be encumbent upon any
entity seeking to avail itself of these rates. He didn't
believe the country clubs will qualify under the criteria.
C/M Kravitz SECONDED the MOTION. Mr. Birken asked Steve Wood
what the effective billing date should be, and he replied,
effective billing cycles commencing after March 1, 1982.
Oscar Tucker, President4s Council, said there is no intention
on the part of the Presidentis Council to increase the sewer
rates with respect to one -family homes. He pointed out that
in the prior resolution there is no provision for increasing
the charge on the basis of the meter and hoped the City does
not increase the charges for single family homes. Mr. Wood
said there should be a separate category for homeowners
associations to distinguish them from single family.
Mr. Tucker said it seemed to him that the City would have
to subdivide D into D-1 and D-2. D-1 would be relating to
single family homes; D-2 would be homeowners association
recreational facilities. Mr. Tucker pointed out that the
City is actually applying commercial rates when you compare
subdivision F. He suggested to make those charges 800 of
that n unber so as to have a differentiation between commercial
rates and residential rates.
The first MOTION and SECOND were withdrawn.
V/M Disraelly MOVED to adopt Temp. Resolution #2097 provided
in Section "D" the words "Homeowner Association Recreational
Facilities" are strikers and add a new Section D-2 entitled
"Homeowners Association Recreational Facilities - Sewer -
Service Availability Charge (no consumption) - 5/8" Meter -
$6.20/mo, 1" Meter - $12.50/mo., 1-1/2" Meter - $25.00/mo.,
2" Meter - $40.00/mo. Disposal charge per 1,000 gal. for
20,000 or less - $.70. All over 20,000 gallons no additional
charge." In Section G add 2" meter $37.20/mo. and in Section 2
"This resolution shall become effective at billing cycles
commencing after March 1, 1982."
C/M Kravitz stated he has never seen a report from the
Presidents Council.If this idea was originated by them
it should have been brought to Council's attention. He,
therefore SECONDED the MOTION.
VOTE: ALL VOTED AYE.
MEETING RECESSED TO 1:30 P.M.
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MEETING WAS CALLED TO ORDER, ROLL CALL TAKEN, AND ALL PRESENT.
Pape 14. Burglar Alarms - Tem Ord. #728 - Discussion and Possible
5 Action to regulate burglar alarm users and burglar alarm
devices under Chapter 14 of the Code. First Reading.
SYNOPSIS OF ACTION: TABLED to
TO to Committee with a Workshop
to follow.
V/M Disraelly read the Ordinance by title. C/W Massaro said the
first thing to be determined should be which Temp. Ord. #728 should
be adopted since there are two: a long form and a short form.
She said the long one offers more protection to everyone and this
was drawn up by the committee.
Mayor Falck said he feels Council should make a determination as
to which form they want. The City Attorney said that the staff
recommends the short form because essentially what is on the long
form has been on the books for a number of years. The ability to
enforce the conditions set forth on the long form would be difficult,
it would cost money and the city clearly does not have the authority
to charge fees for these licenses so the monies will have to come
from some place else. It was proposed that rather than go this route
that there is a section of the City Code under licensing for certain
people involved in certain professions that they have to get identi-
fication cards and, while that section of the Code is not written in
the best manner that it would be preferable from the staff's point of
view to endeavor to amend that section of the Code rather than to
keep the provisions of the long form of the ordinance. This is really
the only difference of significance between the two forms.
C/W Massaro said if installers are allowed to come in thd, city and
work without licensing they are free to do defective work and install
defective equipment. The objective of the entire ordinance would be
destroyed. These installation people are engaged in operating in the
viable area of security and it is unthinkable that they should be
immune from a reasonable measure of control and regulation. It is a
fact that some of the installers have people working for them who have
been involved in thefts and control is very necessary. These burglar
alarms do help the entire community.
Alan Bernstein, a member of the Ad Hoc Burglar Alarm Committee_.
said the whole purpose of the Burglar Alarm Ordinance
is to permit the Police Department to do the most efficient job in
minimizing burglaries. One of the main problems with this has been
false alarms. False alarms are caused, basically, by two things:
misoperation of the system, carelessness, etc., and. by defective
equipment. In the course of studying numerous reports of false alarms
brought before the committee, they have learned about the operation
of these systems. There have been many fly -by --night operators who
installed faulty systems which account for most of the faulty install-
ations. The committee has also found that by the technical progress
that has been made in the industry, upgrading of systems,could avoid
false alarms. They have found over the years that by modification
of the systems, it was no longer necessary for storms to .interrupt
power, other than a power -outage of extended duration. One of the
things incorporated in both copies of this ordinance is an improved
operating standard to which all systems must conform which states that
a power outage of less than four hours duration shall not be considered
an Act of God. They have found that occasional surges on the telephone
line caused by lightning would set off a false alarm. They also found
that there is a technical way to minimize the chance of that occurring.
1/27/82
/pm
Mr. Bernstein said one of the revised standards that is incorporated
in the ordinances takes account of that and requires isolation of the
telephone lines at all times except when you are actually sending in
an alarm. The committee found that eight times as many false alarms
were caused by those that were not put in and attached to the Woodlands
Board as were caused by the system attached to the Woodlands Board.
This is a very significant thing; the Woodlands Board is paid for by
the Woodlands but connection to the board is available to everyone
in the City of Tamarac on the same basis no matter where they live.
Mr. Bernstein said unless there is such control,and the long form
of the Ordinance gives this control, fly-by-night operators will
continue to operate in the City. Records of codes to burglar alarms
are not supposed to be recorded anywhere, certainly not in the Police
Department, yet many homes have been burglarized appearing that the
criminals knew the codes to the alarms.
Mr._ Bernstein said the major difference in these two ordinances is
in the degree of regulation of alarm CC)T-ipanies and alarm installers.
Mr. Bernstein said he objects to the word "staff" in reference to
this short ordinance, since he considers the Ad Hoc Committee at
least as much an inside group as the City Attorney or the Police Chief.
The committee is recommending the long form. The committee feels very
strongly that the city must regulate these companies and installers.
V/M Disraelly asked Mr. Bernstein two questions: first, could they
be controlled through the occupational license procedure? Mr. Bern-
stein said he does not believe it is the practical approach. The
second question from the Vice Mayor was does the Board in the Police
Department,that was put in by Action Electronics, allow other install-
ing companies to use that Board? Mr. Bernstein said this is correct,
it is open to anyone in the City of Tamarac; the only requirement
being that the system be inspected to make_sure__that the installation_.
is done in a workmanlike fashion so that it will not cause unreasonabl
false alarms.
Oscar Tucker, former Councilwan , -said the difference between
these two ordinances involves Sections 2 through 5; these four sections
are deleted from the short form. He said it is unthinkable that this
community would not protect itself against shoddy installation of
burglar alarms and defective equipment. Mr. Tucker said the controls
should be: to ask that these companies have employees who have no
prison record, that they be properly qualified to do the installation,
that the owners of the companiesthemselves be honest businessmen and
show proof of this.
Mr. Tucker said this was presented by him in memorandum form on
November 24 and shortly thereafter there was a Council Workshop where
there were no reasonable grounds presented for taking the city out of
the power to control the people in this business.
C/M Kravitz said he is interested in hearing the comments of the Police
Chief. Police Chief McIntosh said that a year ago they determined that
for a one-year period they answered over 1,700 false alarm calls,
spending approximately 3,500 man hours at great cost to the city. He
said he is in favor of burglar alarms because they are an aid to law
enforcement. However, a good deal of the false alarms must be attrib-
uted to old and antiquated systems. If Sections 2-5 were in the
ordinance, he feels it would take someone with more knowledge and
ability to enforce those sections of the ordinance. In addition,
more time would be needed at more expense. With the Broward County
requirements, to have these sections under the city ordinance would
be -repetitious and unnecessary. It seems senseless to have laws that
cannot be enforced and he feels that he could not enforce those section:
of the ordinance.
- 12 - . 1/27/82
/pm
C/M Kravitz asked the Police Chief if his reference to difficulty
in enforcing these sections means physically or legally. Chief
McIntosh answered "physically, it is the manpower and the knowledge
as well". C/M Kravitz asked if the city could engage someone on the
Police force who would have that knowledge and be able to give a report
on it? Chief McIntosh said he does not know of anyone that has this
knowledge but if someone did and sufficient man power were available,
there would be no problem.
C/M Zemel asked both the Police Chief and the City Attorney, if the
city were to take on the task of responsibility for inspection of
systems wouldn't this be a liability that the city does not have today?
The City Attorney said the Building Department is already involved to
a certain degree in the inspections that they do on the electrical end
of these jobs. C/M Zemel asked the Police Chief if the city were to
take on the long form of the ordinance would additional police personnel
be required? C/M Zemel said as he recalls the initial cost for one
Police officer for the first year runs between $20,000 and $25,000;
where would this money come from? Chief McIntosh said -that is a good
question, he does not have the manpower now to do regular Police work
let alone this sort of thing.
C/W Massaro said that the inspections of these systems are the sole
responsibility of the alarm companies. If the long form were adopted,
this would be one of the provisions in the long form of the ordinance.
She said the city must be doing something right because other areas
call asking for advice.
Alan Bernstein asked if all of Council has read the long form of this
ordinance. It does not have anything whatever to do with the technical
Tape inspection systems. He said Section 2 calls for ,notarized application
6 Section 2 calls for information about the personal background; criminal
records, etc, it calls for the alarm company to agree to submitting
a list of its customers to the Police Department and it provides a
penalty if they do not. Section 2 requires that the operator of an
alarm business.notify the Police Department within ten days of any
substantial change in the information he submitted when he applied for
his license.and says that the license can be obtained at no cost.
Section 2 says that installation or servicing of the system shall be
performed by or under the direct supervision of a licensed installer
and serviceman or both.
Mr. Bernstein continued, Section 3 spells out action on the
application for a license. In Section 4 it spells out a fee for an
alarm business and in Section 5 it calls for revocation of the
license of an alarm business under specified conditions: fraud,
failure to correct any deficiencies, failure to comply within a
reasonable time for any order issued by the law enforcement officer.
C/W Massaro said a family recently contacted her about a problem
and upon interviewing one of the people involved she discovered that
he was on drugs. She pointed out to him that he is not in control of
himself at all times because he kept falling asleep during their talk
and she learned he was a burglar alarm installer by profession. She
pointed out that under the long form of the ordinance this man's
record would have been brought out and he would not have been hired
in the first place.
C/M Kravitz said he feels elated to see so many interested citizens
present and he pointed out that much time has been spent by Council
on this. He said he is guided to a great degree by the city staff
and what they have to say should not be disregarded. He said he would
like to see the ordinance passed without getting into controversy over
it.
13 _
1/27/82
/pm
C/M Kravitz said perhaps it might be best to leave out the things in
the ordinance that are creating the problems. Or, rather than table
it at this time for more information, if the City Attorney could not
advise the Council, could not an ordinance be passed without all the
specifics in it.
Mayor Falck said that he does not like this kind of approach. He
said the ordinance should be written in such a way that when the
ordinance is picked up it spells everything out. Mayor Falck said
he is very much concerned about some of the things said by Council
and the others who spoke on the subject. He said something must be
done between now and second reading, and Council does not seem ready
to take action at this time. Mayor Falck suggested that Council have
a workshop meeting concerning this.
C/W Massaro asked the Mayor if the Committee discussed this once more
would it be helpful? Mayor Falck said it would be helpful and should
be done in such a way that the members, of the Council could attend.
The City Attorney said, as an involuntary member of the Burglar Com-
mittee, he feels this matter has been discussed on many occasions.
He said to clarify things better, the long form of the ordinance is a
refinement of language that is currently in the City Code. The Burglar
Alarm Committee was working and refining that ordinance and the change
from what is in the City Code now to what is in the short:form of the
ordinance came about at a Burglar Alarm Committee meeting last May
when the City Attorney asked the Police Chief if he is enforcing what
is in the ordinance now and the answer was "no" and he did not really
think it was necessary and the Police Department was able to function
without enforcing those provisions. There is no legal problem in
adopting either the long or short form. The only problem is essentiall
a problem of administration in an attempt to look at five years of
experience to see whether the language a) has been enforced and b)
whether there was a perception of a need by the professionals who work
with it every day. The City Attorney said, as he recalls, there was
no perception of a need by the professionals who work with it every
day. If Council enacts the long form of the ordinance, every effort
will be made by the staff to comply as best as possible. The City
Attorney said he really does not think anything can be said at a
Burglar Alarm Committee meeting that has not been said on many other
occasions.
Mayor Falck referred the the Minutes of the Workshop meeting on the
Discussion of Burglar Alarms dated December 2, 1981. He also had the
long and short form of the ordinance dated December 31, 1981; a
Workshop should have been held at that time to make sure Council is
in agreement before bringing it to a Council meeting.
C/W Massaro said this is why it should go back to committee. The City
Attorney drafted the short form and this is not what the committee
wants.
Louis Calker of Woodmont Country Club said he received a Letter from
the Police Department stating that the city wanted him to pay $50 and
to have certification if his burglar alarm system was in working order
from the installer. This indicated to him that the city was doing its
job in assuring the systems are working. Mr. Calker asked Council if
a contractor is supposed to have a permit to do these jobs in Tamarac?
Mayor Falck said they are required to have a permit. Mr. Calker asked
if it is required to have a bond and if not he would recommend that
any installer be a bonded contractor responsible to the city.
- 14 - 1/27/82
/pm
C/M Kravitz. MOVED to TABLE this item to revert back to committee and
a Council Workshop meeting to follow, SECONDED by V/M Disraelly.
VOTE:
ALL VOTED AYE
28. Donation of 1982 Dod e Step Van for Police Department use as
Mobile Crime Lab by Fraternal Order of Police Associates -
Discussion and'Pos.sible Action.
SYNOPSIS OF ACTION: Agendized
by Consent, C/M Zemel presented
check for $8,693.00 to City Manager
for purchase of 1982 Dodge Step Van
for use as Crime Lab by the Police.
C/M Zemel MOVED to Agendize by Consent Discussion and Possible
Action to accept the contribution of 1982 Dodge Step Van to be used
as a Mobile Crime Lab by the Police Department to be donated by the
Fraternal Order of Police Associates, SECONDED by V/M Disraelly.
VOTE:
ALL VOTED AYE
C/M Zemel, President of the Tamarac Fraternal Order of Police Associ-
ates on behalf of the Tamarac Lodge of F.O.P.A., presented a check for
for $8,693.00 to the City Manager to enable the Police Chief to
purchase a 1982 Dodge step van to be used.as a mobile crime lab.
C/M Zemel stated for the record, that the efforts of the immediate
past President, Walter W. Falck, Sam Albano, Jules Bressler, Sidney
Newman, Mitchell Katzman and Herman Gregg were most helpful in regard
to this.
C/M Zemel MOVED the acceptance of a contribution from the F.O.P.A.
of a 1982 Dodge step van to be used as a mobile crime lab by the
Police Department, SECONDED by V/M Disraelly.
VOTE:
ALL VOTED AYE
C/M Zemel said there will be a formal presentation at the steps of
City Hall immediately following the Pre -Agenda meeting on Thursday,
February 4, 1982, approximately 11:00 A.M.
PUBLIC HEARINGS:
9. Street Lighting System - Temp. Ord. #766 - Discussion and Possible
Action -to amend Chapter 24 of trie-C—oa—e-715y defining a swale and
by requiring developers to prepay estimated maintenance and
service charges before improvement permits are issued. Second
Reading.
SYNOPSIS OF ACTION: APPROVED
on second reading as amended.
ORDINANCE 0- l PASSED.
The City Attorney read the Ordinance by title. Mayor Falck opened and
closed the Public Hearing since there was no response.
V/M Disraelly said that the City Manager is not present but he wanted
to clarify the fact that the FP & L does not bill the developer for
the installation of these particular lights. FP & L's contract with
the city specifies that they will bill the city for light poles,for
the lights based on the number :,rumens, for whatever equipment is
needed other than laying of the lines. Every time lights are added to
the city, FP &L bills the city. V/M Disraelly said he wants the bills
rechecked,that. it is up to the city to bill the developer for the
number oflights per lumen , per development based on the rate schedule
that is on file with the city.
- 15 - 1/27/82
/pm
V/M Disraelly said the pole and light are in the franchise fee,
C/W Massaro asked to clarify that the city does not pay for the
installation of the pole and light, this is included in the rate
the city is paying per month. The city has to bill the developer
for that one year and this is paid in advance before approval.
V/M Disraelly will check with the City Manager that this is being
handled properly. V/M Disraelly said the developer is required to
pay this before the issuance of the public improvement permit.
Then, if it takes more than twelve months to improve it, according
to this new ordinance, the city can require the developer to make
the additional charges before the public improvement bond will be
released.
C/W Massaro suggested changing Line 27 to read, "Before the issuance
of a Building Permit" and strike the words, "the public improvement".
V/M Disraelly MOVED the ADOPTION of Temp. Ord. #766 on second and
final reading, SECONDED by C/IV Massaro.
Mr. Goldberg from the audience asked Council how long the developer
is required to pay this pre -estimated maintenance and service charge
on the Swale? V/M Disraelly explained that "the swale" is purely a
new definition that has been put into the ordinance to clarify it.
Mr. Goldberg asked how long they have to pay this pre -estimated main-
tenance and service charge on the lights? C/W Massaro said for one
year unless the project runs more than one year.
Attorney Birken asked the maker of the MOTION and the SECOND to
accept changing the title also from "improvement" to "building".
This was accepted.
VOTE: ALL VOTED AYE
10. D. Wolfe, Colony West ,joint Venture - Rezoning_Petition #27-Z-81,
Temp. Ord. #959 - Discussion and possible action to rezone lands
on the east side of NW 88 Avenue, south of the Colony West Golf
Course Clubhouse site from R-4A (15 dwelling units per acre to
RM--10 (10 dwelling units per acre). 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
of Publication, Posting and Mailing,
b) APPROVED on first reading.
a) Attorney Birken said all the Affidavits appear to be in order,
V/M Disraelly MOVED to ACCEPT the Affidavits of Publication, Posting
and Mailing, SECONDED by C/W Massaro.
VOTE: ALL VOTED AYE
b) Attorney Birken read the Ordinance by title and recommended a
minor change in Section 1 which states "That those lands described
in Exhibit "A"attached hereto and made a part hereof are hereby
rezoned from R-4A "; the Attorney would add," Planned Apartments
(15 dwelling units per acre) to RM-10 (Planned Apartments - 10 dwelling
units per acre)".
Mayor Falck opened and closed the Public Hearing after no response.
V/M Disraelly MOVED the ADOPTION of Petition #27-Z-81 Temp. Ord. 959
on first reading, SECONDED by C/M Zemel.
VOTE: ALL VOTED AYE
- 16 - 1/27/82
/pm
11. D. Wolfe Colon West Joint Ve_nt_ure - Rezonin Petition #2$-Z-81
Y _ g _ _ -
Temp. Ord. #960 - Discussion and possible action to rezone lands
on the southeast corner of NW 88 Avenue and McNab Road and extend-
ing eastward approximately 870-feet from R-4A (15 dwelling units
per acre) to RM-10 (10 dwelling units per acre) 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 of publication, mailing
and posting, b) APPROVED on first
reading.
a) Attorney Birken confirmed receiving the Affidavits of publication,
posting and mailing, V/M Disraelly MOVED to ACCEPT these, SECONDED
by C/M Zemel.
VOTE: ALL VOTED AYE
b) Attorney Birken read the ordinance by title and recommended the
change in Section 1"R4A should be (Planned Apartments at 15
dwelling units per acre) and RM-10 should be (Planned Apartments-
10 dwelling units per acre)". V/M Disraelly MOVED the ADOPTION
of Petition #28-Z-81, Temp. Ord. #960 on first reading with the
changes as made by the City Attorney, SECONDED by C/M Kravitz.
VOTE: ALL VOTED AYE
17. Westview at Colony West Country Club/Parcel R - Discussion and
possible action on:
a) Site Plan - Temp. ^Reso. #2144
b) Landscape Plan
c) Water and Sewer Developers Agreement
d) Model Sales Facility permit
e) Waiver of seawall requirement
f) Acceptance of Deed for the road right-of-way for the inter-
section of NW 88 Avenue and McNab Road by Tem Reso. 42145.
g) Acceptance of Water and Sewer Easement by Temp. Reso. #2146.
h) Acceptance of Drainage Easement by Tem Reso. #2147.
i)Acceptance of Drainage Easement by Temp. Reso. #2152 Aaendi.zad
by consent.
SYNOPSIS OF ACTION: a) APPRnN/Rn W/cond.effective RESOLUTION NO.R-BaaY'PASSED
date of Temp. Reso.#2144 would be effective date RESOLUTION NO.R��PASSED
of Temp. r , APPROVED w/conditions,c) RESOLUTION NO.R- ,2e PASSED
APPROVED, d)-APPROVED w/ conditions, e) through RESOLUTION NO.R.7�_,?/PASSED
i) APPROVED. RESOLUTION NO.R1 as PASSED
V/M Disraelly MOVED to add to the agenda Item 17 (i) Acceptance of
Drainage Easement by Temp. Reso. #2152, SECONDED C/W Massaro.
VOTE: ALL VOTED AYE
a) Attorney Birken read the Resolution by title. The City Attorney
said that from a legal point of view the effective date should be
upon the adoption of Temp. Ord. #960, and this could be subject to
that ordinance becoming passed on the second reading.
Richard Rubin said the project before Council for review has been
given extensive review by staff. Specifically, this property is
located on property that has already been platted in accordance
with B.roward County Building Plan; therefore, the Council is looking
at site plans without a plat. The property is now zoned R4A and
this is being rezoned to RM-10. This is being rezoned
in compliance with the language plan designation with 9.33 units
overall, this is the amount of units shown on the site plan.
The City Planner discussed the fees required today: the recreation
fee would be $50,400.00.
- 17 - 1/27/82
/Pm
Tape The. City Attorney said there is no need for a covenant, they sub-
7 mitted a letter dated September 11, 1981. He said this project
abuts two major thoroughfares in. Broward County and the city has
requested the developer to dedicate the right--of-way as part of
those thoroughfares. The City Planner said the clubhouse has an
ingress and egress easement between the golf course and the applicant,
a private easement that would require Council's acceptance.
The City Planner said that the dumpsteris on the plan are located in
the rear of the building, the applicant has given the City Planner
a red lined drawing relocating the dumpster to the front and will
conform to the new ordinance.
Greg Darby of Darby and Way said they are making changes on the site
plan as recommended. C/W Massaro said they still have to send in
revised site plans and she would like a copy. Mr. Darby said he has
made copies for each member of Council.
C/W Massaro said on McNab Rd. there are some changes being made and
it is her understanding that the entire medians will be curbed all
around.
Syd Workman, the developer, said this is correct. C/W Massaro said
wherever it is not solid concrete will be curbed. She said at the
entrance off McNab Rd. a guardrail is needed from the guest parking
area to the bathhouse. She said that although the City Attorney
has no strong feelings concerning this, she feels it is important.
She said that if at any time the right-of-way is abandoned, that it
will revert automatically to the present owners and that is everything
in there. The city may have utility lines in there and she said there
is no reason to allow such language.
Attorney Birken said the only problem is that it must be clear that
there is an abandonment. Right now there are periodic vacations and
one thing that is not very clear in the law is when you are adjacent
to a right-of-way, especially what happens when you vacate.
Theoretically, it is the owner on each side of the property and if
one side of the property is public right-of-way he has not seen any-
thing which clearly shows what to do. The language is legally accept-
able. Mr. Birken said the city would have to go into court to prove
that it has been vacated. C/W Massaro said this language should be
defined better.
Attorney Birken read from the Right -Of -Way Deed and summarized by
saying that if the city takes affirmative action lawfully and perman-
ently discontinuing for a road right -of --way this would take some extra-
ordinary action on the part of the city for a court to say that the
city has abandoned its rights forever. The City Attorney said this
does not trouble him.
Greg Darby said that from a practical standpoint, he cannot see that
ever happening. Richard Rubin said there are several.fees that are
required: First would be the $95,500.00 which is being paid in monthly
payments of $1,114.49, next is $1,212.90 for Drainage Improvements
fee, $500.00 Engineering Review Fees, $50,400.00 Parks and Recreation
Fee. The Engineering Fees are to be paid at the time they apply for
an Engineering Permit and Bonds are also paid at that time. The city
has received all the fees required by the Code.
C/W Massaro MOVED that the Site Plan as red lined and the effective
date of the Temp. Reso. #214.4 would be the effective date of Temp. Ord.
#960 subject to theredlining which is the guardrail at the McNab Rd.
entrance parallel with the lake and the guardrail at the southwest side
- 18 _ 1/27/82
/pm
of the pool deck, curb all sides of the median on McNab Rd. and to
be backfilled and sodded with Bahia grass and landscaping which will
be approved by the City Planner. The dumpster locations are going
to be changed as red lined on the plan and initialled and the appli-
cant will send in the revised plan to conform to the requirement and
each member of Council will get a copy of this, SECONDED by C/M
Kravitz.
VOTE:
ALL VOTED AYE
b) Landscape Plan - Richard Rubin said that the Beautification Plan
was approved by the Beautification Committee on December 21, 1981.
The plans were well designed with several minor changes as follows:
1. Substitute pitch apple trees for a tree included.in City's plant
list, P. 104.
2. Petitioner advised that if the existingpustja�ian, hedge along
the golf course is removed, then new sod will e required.
3. Petitioner has advised that bischofias have been found to be
too dirty and sod does not grow well beneath the branches. There-
fore, the city is currently preparing a new ordinance which would
not permit bi"schoflas as shade trees in Tamarac in the future.
4. Petitioner advised that all open areas must be sodded.
5. Petitioner advised that Parcel "R" has many existing trees and
all attempts should be made to save trees by relocation or by
adjusting parking islands.
V/M Disraelly MOVED the APPROVAL of the Landscape Plan which has been
approved by the Beautification Committee, SECONDED by C/M Zemel.
VOTE: ALL VOTED AYE
c) Water and Sewer Developers Agreement - The City Attorney said this
has been executed properly and he recommends execution by Council.
V/M Disraelly MOVED the APPROVAL of the Water and Sewer Developers
Agreement, SECONDED by C/M Zemel.
VOTE:
ALL VOTED AYE
d) Model Sales Facility „Permit - Richard Rubin said there is a
separate site plan for this. He said a temporary sales trailer is
being proposed on this property at the southwest corner for visibility
from NW 88 Ave. with access from the Golf Course Clubhouse parking
lot.
Greg Darby said he would like to request a modification on the sales
trailer. Because of the location of the facility and the proposed
parking area with the construction that will be going on, they would
like to request that in lieu of.asphalt paving for the model area that
they use the sand seal and limerock that was used in several other
projects which has held up. V/M Disraelly said that the record should
reflect that should there be a problem it will be corrected.
C/W Massaro said that the ordinance said."Paving in the parking area
shall be a minimum of one layer of coarse asphalt". Attorney Birken
said this could be waived. C/W Massaro MOVED that the applicant be
permitted to place his sales trailer on the site indicated on the plan
and that the trailer cannot be used as a sales trailer until such time
as the zoning has come in for second .reading after the public hearing.
The city must receive the easement option for the trailer site and
authorize the Mayor to execute same. Also, waive the requirement for
- 19 - 1/27/82
/pm
the asphalt and allow them to use the sealant and if there is a
problem it will be addressed at the next meeting, SECONDED by C/M
Kravitz.
VOTE: ALL VOTED AYE
e) Waiver of Seawall Requirement - C/W Massaro MOVED to waive the
requirement for a seawall, SECONDED by V/M Disraelly.
VOTE: ALL VOTED AYE
f) Acceptance of Deed for the road right-of-way for the intersection
of NW 88 Ave. and McNab Rd. by Temp. Reso. #2145 - Attorney Birken
read the Resolution by title. C/W Massaro MOVED the ADOPTION of
Temp. Reso. #2145, SECONDED by V/M Disraelly.
VOTE: ALL VOTED AYE
g) Acceptance of Water and Sewer Easement by Temp. Reso. #2146 -
Attorney Birken read the Resolution by title. V/M Disraelly MOVED
the ADOPTION of Tem .Reso. #2146, SECONDED by C/W Massaro.
VOTE: ALL VOTED AYE
h) Acceptance of Drainage Easement by Temp. eso. #2147 -- Attorney
Birken read the Resolution by title. V/M Disraelly MOVED the
ADOPTION of Temp. Reso. #2147, SECONDED by C/M Zemel.
VOTE: ALL VOTED AYE
i) Easement on Drainage, Temp. Reso. #2152 - Attorney Birken read the
Resolution by title. C/W Massaro MOVED the ADOPTION of Temp. Reso.
#2152, SECONDED by V/M Disraelly,
VOTE: ALL VOTED AYE
16. Lakes of Carriage Hills, Inc. - Discussion and Possible Action on:
a) Acceptance of Drainage Easement by Tem . Reso. #2141
b) Authorization to execute an Option Agreement by Temp. Reso.#2142
c) Authorization to execute an Escrow Agreement by Tem . Reso.#2143
d) Easement Vacation - Petition #27V-81 - Temp.Ord. #944
Vacation of an.easement located on the east side of Sabal
Palm. Blvd. North, within Parcel A of this proposed development,
north of and adjacent to Sabal Palm Condominiums. Second Reading
(tabled from 12/28/81) .
e) Easement Vacation - Petition #3-V-81 - Temp. Ord. #945
Vacation -of an easement located on the west side o Sabal
Palm Blvd. North, within Parcel B of this proposed development,
north of and adjacent to Gardens of Sabal Palms. Second Reading.
(tabled from 12/28/8.1).
f) Easement Vacation - Petition #4-V-81 - Temp. Ord. #946
Vacation of an easement Located on the west side -of Sabal
Palm Blvd. North, within Parcel B of this proposed development,
north of and adjacent to Gardens of Sabal Palms. Second Reading.
(tabled from 12/28/81).
g) Easement Vacation - Petition #5-V-81 - Temp. Ord._#947
Vacat on of an easement located on the west side of^Sabal
Palm Blvd. North, within Parcel B of this proposed development,
north of and adjacent to Gardens of Sabal Palms. Second Reading.
(tabled from 12/28/81).
h) Easement Vacation - Petition #6-V-81 - Temp. Ord. #948
Vacation of an --easement located on the west siderof Sabal-Palm-
Blvd. North, within Parcel B of this proposed development,
north of and adjacent to Gardens of Sabal Palms. Second Reading.
(tabled from 12/28/81).
-- 20 - 1/27/82
/pm
i) IEasement Vacation - Petition #7--V-81 - Temp. Ord. #949
Vacation of an easement located on the east and west sides
of Sabal Palm Blvd. North, within Parcel A and Parcel B
of this proposed development, north of and adjacent to
Gardens of Sabal Palms and Sabal Palm Condominiums. Second Reading.
(tabled from 12/28/81).
j) Easement Vacation - Petition #8-V-81 - Temp. Ord. #950
Vacation of an easement located on the east side of Sabal
Palm Blvd. North, within Parcel A of this proposed development,
north of and adjacent to Sabal Palms Condominiums. Second Reading.
(tabled from 1.2/28/81) .
k) Rezoning Petition #22-Z-81 - Discussion and Possible Action to
rezone lands ontheeast side of Sabal Palm Blvd. North,
approximately 680-feet south of Bailey Road, and extending east-
ward from Sabal Palm Condominium Apartments, from R-4A to S-1,
by Temp. Ord. #953. Second Reading. (tabled from 1/13/82).
SYNOPSIS OF ACTION: a) APPROVED
RESOLUTION
NO.
R - - PASSED
b) and c) APPROVED w/conditions,
RESOLUTION
NO.
R--� .. PASSED
d) through k) APPROVED.
RESOLUTION
NO.
R- g, - 17 PASSED
ORDINANCE
NO.
0 - 22 -a. PASSED
ORDINANCE
NO.
0 -- -VA- 3 PASSED
ORDINANCE
NO.
0 PASSED
ORDINANCE
NO.
0 PASSED
ORDINANCE
NO.
0 - jr.,7-Co PASSED
ORDINANCE
NO.
O - _o7--�f PASSED
ORDINANCE
NO.
_
0 -- Z:g, ' PASSED
ORDINANCE
NO.
0 --
a) Acceptance of Drainage Easement by Temp.
Reso.
_PASSED
#2141 -Attorney
Birken read the Resolution
by title. C/W
Massaro MOVED the
ADOPTION of the Drainage Easement by Temp.
Reso.
#2141, SECONDED
by V/M Disraelly.
VOTE: ALL VOTED AYE
b) Authorization to execute an Option Agreement by Temp._ Reso. #2142
Attorney Birken read the Resolution by title and said that in
December this Resolution was essentially approved for execution
but this was brought back to Council for changes. Two days ago,
Mr. Birken sent a copy of a memo from him showing where changes
were supposed to be made. One change indicated that included
in what would be covered by the Warranty Deed was the building
and the improvement located on the property; the second change
was requested by C/W Massaro and is of significance and that
provides for expansion so that interest that was supposed to be
computed from today rather than December 7th but the payment of
the interest will be made in advance on a monthly basis.
Tape Glenn Smith, representing the applicant, said all the dates were
8 changed to January 27th. V/M Disraelly said under Option A it is
still December; Mr.'Smith said he will change it in handwriting
and initial it. Mr. Birken said the language was further expanded
to provide that if they did not make payment in a time and manner
noted and failure to make payment within ten days after receipt
of notice would entitle the city to record the Warranty Deed.
C/W Massaro added that only if it is delinquent would notice go
out. Mr. Birken said the other area which is not addressed but
which was a concern of C/W Massaro is the time period that is
contained on Page 2 of the document in sub -paragraph D. Right
now this states that "In the unlikely event that a final vote has
not been taken by the appropriate City or County entities in any
of the contingencies set forth above, the option may be exercised
at any time between January 1, 1985 and April 1, 1985". C/W
Massaro has suggested that that was too long to wait for the
County to act and she suggested January 1, 1983 and April 1, 1983
be substituted for the aforementioned dates. Mr. Smith has
- 21 - 1/27/82
/pm
indicated that those dates are not acceptable to his client and
in light of the City's experience in getting a minor change having
to do with the Country Club which did not require any action by
the County, it took almost one year. C/W Massaro said she would
suggest that any time on or before 1984 is more realistic and will
give them lots of time.
Mr. Smith said the last land amendment brought into the County took
about fifteen months from the day begun. There are several hearings
to go through and he was being liberal on the side of caution to
set three years as the time limit. C/W Massaro said January 1,
1984 is being very fair. This will be changed on Pages 1, 2 and
3 of the Resolution. The City Attorney said there was additional
language typed in Exhibit A, the same changes as on Page 2. The
City Attorney said this is something new and hopefully, will be
a positive thing for the developer and not a negative thing for
the City and he recommended Council authorize execution of the
Option Agreement with the changes discussed. The City Attorney
said that another condition for approval would be that they have
the document within ten days or the whole thing will go back into
the Council. Mr. Smith said he will stipulate that if the City
does not have the document within ten days, they will either convey
the land to the City or pay $112,000, unless they come back to
Council and ask for an extension.
C/W Massaro MOVED that the Option Agreement, as has been amended,
and Temp. Reso.#2142, be accepted and that the Mayor be authorized
to sign this before the documents come in' and if the documents
are not in, the subordination of the mortgage, within ten days,
they have stipulated they will come back to Council, SECONDED by
V/M Disraelly.
VOTE: ALL VOTED AYE
c) Authorization to execute an Escrow Agreement by Temp. Reso. #2143.
Attorney Birken read the Resolution by title and recommended
changing Section 2 by removing it because the document will not be
recorded in the public records. This is their standard Escrow
Contract, the deed has been delivered to the City Attorney and it
is to be held by the City Attorney and he recommends approval with
the changes mentioned. V/M Disraelly MOVED the APPROVAL of Temp.
Reso. #2143 striking Section 2 and making Section 3 become Section
2, Section 1 to include the name of Lakes of Carriage Hills and
the attorneys, SECONDED by C/W Massaro.
VOTE: ALL VOTED AYE
d) Easement Vacation - Petition #2-V-81 - Tem.-Ord. #944 - Vacation
of an easement located on the east side of Sabal Palm Blvd. North,
within Parcel A of this proposed development, north of and adjacent
to Sabal. Palms Condominiums. Second Reading. (tabled from 12/28/81)
C/W Massaro MOVED the ADOPTION of Tem . Ord. #944 on second and
final reading, SECONDED by V/M Disraelly.
VOTE: ALL VOTED AYE
e) Easement Vacation - Petition #3--V-81 - Temp. Ord. 0945 - Vacation
of an easement located on the west side of Sabal PalmBlvd. North,
within Parcel B of this proposed development, north of and adjacent
to Gardens of Sabal Palms. Second Reading (tabled from 12/28/81).
Mayor Falck said the public hearing has been held and the Temp.
Ord. #945 has been read by the City Attorney previously. V/M
on second and final reading, SECONDED byC #945, Petition #3-V-81
Disraelly MOVED the ADOPTION of Temp. Ord._
.. %M Zemel.
VOTE: ALL VOTED AYE
- 22 - 1/27/82
/pm
f) Easement Vacation - Petition 44-V-81 - Temp. Ord_ #946 - Vacation
of an easement located on the west side of Sabal Palm Blvd. North,
within Parcel B of this proposed development, north of and adjacent
to Gardens of Sabal Palms. Second reading. (tabled from 12/28/81)
V/M Disraelly MOVED the ADOPTION of Tem Ord. 4946 Petition #4--V-8.1
on second and final reading, SECONDED by C/M Zemel.
VOTE:. ALL VOTED AYE
g) Easement Vacation - Petition #5-V-81 - Temp. Ord. #947 - Vacation
of an easement located on the west side of Sabal Palm Blvd. North,
within Parcel B of this proposed development, north of and adjacent
to Gardens of Sabal Palms. Second reading (tabled from 12/28/81)
The title has been read previously. C/M Zemel MOVED the ADOPTION
of Temp. -Ord. #947 on second and final reading, SECONDED by V/M
Disraelly.
VOTE: ALL VOTED AYE
h) Easement Vacation - Petition #6-V--81 - Temp. Ord. #9_48 - Vacation
of an easement located on the west side of Sabal Palm Blvd. North,
within Parcel B of this proposed development, north of and adjacent
to Gardens of Sabal Palms. Second reading (tabled from 12/28/81)
The title has been previously read. C/M Zemel MOVED the ADOPTION of Lem. Ord.
#948 on second and final reading, SECONDED by V/M Disraelly.
Vim: ALL VOTED AYE
i) Easement Vacation - Petition #7-V-81 - Temp. Ord. #949 -- Vacation of an easement
located on the east and west side d-f Sabal Palm Blvd. North,
within Parcel A and Parcel B of this proposed development, north
of and adjacent to Gardens of Sabal Palms and Sabal Palm Condo-
miniums, Second reading (tabled from 12/28/81) Title has been
read previously. V/M Disraelly MOVED the ADOPTION of Temp. Ord.
#949 Petition #7-V-81 on second and final reading, SECONDED by
C/W Massaro.
VOTE:
ALL VOTED AYE
j) Easement Vacation - Petition #8-V-81 - Temp. Ord. #950 - Vacation
of an easement located on the east side of Sabal Palm -Blvd. North,
within Parcel A of this proposed development north of and adjacent
to Sabal Palms Condominiums. Second reading.(tabled from 12/28/81)
C/W Massaro MOVED the ADOPTION of Temp. Ord. #950 on second and
final reading, SECONDED by C/M Zemel.
VOTE: ALL VOTED AYE
k) Rezoning Petition #22-Z-81 - Discussion
rezone lands on the east side of Sabal
imately 680-feet south of Bailey Road,
Sabal Palm Condominium Apartments, from
Temp. Ord. #953. second reading (tabled
The public hearing has been held. C/W
of Temp. Ord. #953 on second and final
Disraelly.
VOTE: ALL VOTED AYE
23 -
and possible action to
Palm Blvd. North, approx-
and extending eastward from
m R--4A to S-1, by
from 1/13/82).
Massaro MOVED the ADOPTION
reading, SECONDED by V/M
1/27/82
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MEETING WAS RECESSED AT 4:15 P.M. to 9:30 A.M. Thursday, January 28,
1982.
r�
V �
MAYOR
ATTEST:
AROL 'A . EVANS
ASSISTANT CITY CLERK
This public document was promulgated at a cost of $ 3,20,-b�or
$ 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.
- 24 -
APPROVED BY
CITY COUNCIL ON"-rec
ga2
21a-t� c
1/27/82
/pm