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HomeMy WebLinkAbout1985-03-13 - City Commission Regular Meeting Minutes®RD P.Q. BOX 25010 'PAMARAC, FLORIDA 33320 CALL TO ORDER: CITY OF TAMARAC CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY, MARCH 13, 1985 9:00 A.M. FIRST CLASS MAIL ANNOUNCEMENTS OF TIME ALLOCATIONS - MOTIONS TO TABLE - The Chair at this time will announce those items which have been given a specific time to be heard, and will entertain motions from Council 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. AWARDS AND PRESENTATIONS 1. Women's American ORT - Presentation by Mayor Kravitz of a proclamation designating March 13, 1985, as "ORT Day". BOARDS AND COMMITTEES 2. Planning Commission - Hearing to remove Larry Bender for cause as a member of this committee (tabled from 2/13/85). (This item is scheduled to be heard at 3:00 P.M.) 3. Welcoming Committee Temp. Reso. #3490 - Discussion and possible action to appoint two (2) members (tabled from 2/27/85). 3/13/05 pg 3 roc.previously delivered to a�prop.parties. 3 8 5 pg 2,3, 33.a)REMOVED from agenda, harges dropped. )4gen.by consent. Announc.made. 37 $ Pg reeting BLED to future at Comm. 4, Recreation Board - Temp. Reso. #3522 - Discussion and pos- v 3 5 pg sible action to appoint one (1) member (tabled from 2/27/85). ,BLED for recom f Chairman 5. Public Information Committee - Discussion and possible action pg on a request for additional funds for this committee. )TABLED for inf n amts. b)& c) CONSENT AGENDA Wnd.by consent [elm i b)Resig.of Morri. Items listed under Item #6, Consent Agenda, are viewed to be .Haber accepts routine and the recommendation will be enacted by one motion Jannoun.of vac, in the form listed below. If discussion is desired, then therABLED at Chm ra` item(s) will be removed from the Consent Agenda and will be 13 85 pg 1,7-9 considered separately. APPROVED a) thru Item h) a) Minutes of 1/9/85 - Regular Meeting - Approval recommend- mended to term- ed by City Clerk. "nate bal. of ontract and re- b) Minutes of 1/16/85 _ Reconvened Regular Meeting - Eunding $1,572.5C Approval recommended by City Clerk. o Woodmont at 73 Villas. c) Minutes of 1/23/85 - Regular Meeting - Approval re- commended by City Clerk. ) Payment to itch Ceasar- d) Alan F. Ruf - Consulting City Attorney - 3/7/85 - 6,000.00 (agend' $1,108.00 - Approval recommended by City Attorney. -zed by consent) e) Richard S. Rubin, AIA -- Consulting City Planner - g. 7,8,9. Services for February, 1985 - $4,071.25 - Approval recommended by City Manager. PAGE TWO 3/ 3/85 f) James M. Montgomery, Consulting Engineers, Inc. - Services for permit data required for diesel fuel storage tanks at Fire Stations - 12/30/84 to 1/26/85 - $1,980.00 - Approval recommended by Utilities Director/City Engineer. g) Shailer,..Purdy & Jolly - Counsel for contraband forfei- tures - Court Reporting Services - 2/15/85 - $39.20 - Approval recommended by City Attorney. h) Woodmont Tract. 73 - Reimbursement. to Villas pursuant to Engineering Agreement - Approval to extend the tabling action to a future meeting. i) Planning member - Commission - Appointment Approval to remove this of one (1) alternate item from the agenda (tabled from 2/27/85). j) FP&L Phoenix Substation; a) Assignment of Deed Restrictions from Leadership Housing Inc. b) Release of Deed Restrictions by Leadership Housing, Inc c) Bonding waiver request Approval to remove this item from the agenda - Recommended by the City Attorney (tabled from 1/9/85) GENERAL ADMINISTRATIVE/FINANCIAL / pg 3/13 85 23- 7. Traffi-c En ine.erir_ S_ tudy__- Discussion and possible action to 25. APPROVED _ _.. approve an agreement with Kimley-Horn and Associates, Inc., to= perform this work. 8. Investment of City Funds -- Report by City Attorney regarding status o City unds invested with ESM Government Securities. 9. FP&L Street Light Conversions - Discussion and possible action on an invoice from FP&L in the amount of $1,977.26 reflecting additional billing for this work. 10. Sister City Project - Report - Discussion and possible action. 11. Broward League of Cities Business - Discussion and possible action. TAMARAC UTILITIES EAST 12. Tamarac Lakes Collection S stem - Project 84-5 - Tem . Reso. #3529 - Discussion and possible action to accept a grant offered by the Florida Department of Environmental Regulation in the amount of $113,261.00. TAMARAC UTILITIES WEST 13. Bid Award - Temp. Reso. #3550 to award a bid for municipal and disposal - Project 85-6. 3/ 1 3/ ZSJ pg y Status rpt given b C/A 3 pg 16. Author. iven to pay 1,977.26 to FP&L 3 85 pg 6 Rpt given by Shirley Blum - field a/ 1.3/ Zso pg V, 10. Rpt by mayor Kravitz 5 pg 20 APPROVED 3/13/85 pg 10 APPROVED to - Discussion and possible action Frenz Enterpri sewage, grit and sludge removal for $9,010.30 14. Bid Award - Temp. Reso.' #3551 - Discussion and possible action 3/13/85 pg 10 APPROVED ROV to award a bid for installation of monitoring wells at the sludge disposal site (sod farm) - Project 85-9. MaPPxsonll Well Drilling, 15. Deep Injection Well - Project 84-2 - Discussion and possible for $3 400. action on; pg - a) Revised Engineering Agreement with CH2M Hill to delete 13.a)APPROVED emergency storage g y g ponds and design phosphorous removal on a cost fixed fee system. 4w b) Selection of site for deep injection well. to exceed $22,500. b) ACCEPTED staff recom.to put well in Land Sec. 7. PAGE THREE 3/13/85 16. 201 Plan - Temp. Reso. #3552 - Discussion and possible action to authorize execution of agreements for transfer of Tamarac'; excess wastewater capacity from Tamarac to Broward County, North Springs Improvement District, Broadview Utilities Corp., and the Cities of Coral Springs, North Lauderdale and 1..37-5pg , ?APPRVD w/ 1.0. APhat cit proies receiving, pay all late Deerfield Beach. charges again ca acit rec' LEGAL AFFAIRS 17. Burglar Alarms - TempOrd. #1166 - Discussion and possible action to regulate burglar alarm users and burglar alarm devices under Chapter 14 of the Code. First Reading. (tabled /13/85 pg 20,. 1.TABLED lst -ead. to 3/27 .f Comm has r • from 1/2/85). Emergency mp. Expenditures - TeOrd. #1168 - Discussion and possible action to establish guidelines and procedures for emergency expenditures by the City Manager pursuant to Section 7.12 of the Charter. First Reading. (tabled from /13/85 pg 21pp ROVED lst ead. 2/27/85). 19. Standards for Codification of Ordinances - Report by City Attorney. Discussion and possible action. , 13/s5 pg 21 /R t b 21, 20. Bulk Garbage Pick-Up/13/85 - Report - Discussion and possible pg 22 pt by C/A -no action. action nec. /13/85 pg 22 /M was author.' o return to ouncil with ecomimendation 21. Broward Day in Tallahassee - Discussion and possible action regarding the City's participation in Broward Day in Tallahassee, a program sponsored by the Broward County Legislative Delegation to the Florida Legislature. 22. Public Service Announcement Against Drunk Drivin - Temp_ 13 8 pg 23 PPROVED Reso. #3553 - Discussion and possible action to urge all local television stations to televise the Florida League of Cities announcement against drunk driving. PUBLIC HEARINGS - 2:00 P.M. /13/85 pg 28- 23. University Community Hospital, Thomas Barb, Administrator - RezoningPetition #4-Z-85 - Tem . Ord. 41172 - Discussion and possible action to rezone lands northwest of University Community Hospital from R-3 (Low Density Multiple Residential) to B-6 (Planned business) to construct a medical office building and a Senior Citizen Living Assistance Center. First 9.a) Affid. CCEPTED b) PPROVED w/ ond.lst read. Reading. a) Acceptance of Affidavit of Publication, Affidavit of Mailing and Affidavit of Posting. b) Consideration of application. 24. Berndall, Inc. - Rezoning Petition #5-Z-85 - Tem�d.#1173- Discussion and possible action to rezone lands at the north- west corner of McNab Road and NW 80 Avenue from B-6 (Business District) to B-1 (Neighborhood Business District). First Reading. a) Acceptance of Affidavit of Publication, Affidavit of Mailing and Affidavit of Posting. /13/85 pg 29, 30. a)Affid. &CCEPTED b) PROVED-lst read. b) Consideration of Application. 25. S. Frances Krasnoff - Special Exce tion Petition #6--Z-85 - Temp. Reso. #3549 - Discussion and possible action on a request for special exception to permit a laundromat in Bay 3 of Building C at Lakeside Plaza, 5429 N. State Road'7, which is zoned B-2 (Planned Business). J/ -LJ/ bD pg 3u, 31. Public Hear. held. TABLED for, more info. from L PAGE FOUR _ 3/13/85 26. nd on to -rezone . _ Tem-.... 3 85 pg 31, Colon West Associates - Rezonin Petition #3-Z-85 Ord. „11 9 - Discussion possible act4 the 32. a)Affid. Shops of Tamarac Shopping Center (platted and site planned as ACCEPTED b) Colony West Shopping Center) (less the lands and buildings TABLED 2nd rear owned by Broward County for a Library) from B-1 (Neighborhood Business) to B-2 (Planned Business). Second Reading. a) Acceptance of Affidavit of Publication and Affidavit of Posting. b) Consideration of application. COMMUNITY DEVELOPMENT 27. Shops of Tamarac (Colon Plan - Temp- Reso. #3558 a revised site plan for West Shopping Center) - Revised Site 3/13/85 pg 1k - Discussion and possible action on APPROVED w/cond addition of six (6) parking spaces. 28. Midas Muffler - Revised Site Plan - Temp. Reso. #3556 - Dis- 3/13/85 pg 25 cussion and possible action on a revised site plan to reflect APPROVED a dumpster enclosure. 29. Pool Mart - Revised Site Plan - Temp._ Reso. #3557 - Dis- 3/13/85 pg 26 cussion and possible action on a revised site plan to delete APPROVED fire sprinklers. 30. McNab Plaza -- Discussion and possible action on: 3/13/85 pg 26 a) Limited Parking Waiver - Petition #17-Z-83 -.Temp. Reso, a)DENIED b)no #3096 (public hearing held 4/11/84) action nec.C/A b) Enforcement of existing parking regulations (tabled from to review C/P 12/12/84). list & th 31. Woodmont Country Club - Revised Site Plan - T_(Lp Discussion and possible action on a revised site addition of a dumpster enclosure and an awning. 32. 33. oSe items that can Reso. #3559 be enforced wiz plan for be cited. l 5 pg 27 APPROVED Woodmont Corp. - Model Sales Facility at Tract 56 - Dis- 3 3 Pg ,7 cussion and possible action to renew a model sales permit APPRVD from pursuant to Stipulation #11 for Woodmont Tracts 47 50 54 3/15/85 to 57, 59, 60, 62, 64, 68, 70, 71 and 72B. 9/15/85 except for Tract 68. Woodmont Tract 62 - Discussion and possible action on: 3/13/85 pg 7 a) Assignment of the Water and Sewer Developers Agreement a) & b) APPRVD from Montwood, Inc., to Woodmont Corp. b) First Amendment to the Water and Sewer Developers Agree- ment. 34. Municipal Complex - Discussion and possible action on: 3/13 5 pg 3, a) Revision to the title of the plat for this land presently a)APPRVD renam called "Tract 38-A Plat" - Temp. Reso. #3560 ing plat "Tam. b) Request for information by Beautification Committee Chair- Munic.Complex person, Florence Bochenek. Plat. b)REMOVE from agenda at 35. Proposed Annexation - Sartori Lands Along NW 31 Avenue - Chairlad 's re Status report and discussion and possible action on this _T/117385 pg 15 request for City annexation of lands lying south of the 3 Staff author. Lakes Plaza. to proceed. 36. Lakeside Plaza - Bond Release - _Tem Reso. #3542 - Dis- 3/13/85 pg 3 cussion and possible -action to rele e- a warranty bond posted TABLED at req. for public improvements (tabled from 2/27/85). of En .De t. 37. Sutter Commercial Buildin -- Bond Release - Temp. Reso.#3554- 3/13/85 pg .. Discussion and possible action to release a warranty bond APPROVED r posted for public improvements. leasing Lt f Credit for 38. Kings Point Professional Plaza - Bond Release - Temp. Reso. $6,111.75. #3555 - Discussion and possible action to release a warranty 3 Pg 7 bond posted for the sidewalks on Nob Hill Road. APPRVD releas- ing Ltr of Cre for $4.14. 30. PAGE FIVE 3/13/85 39. Ambassador Savings & Loan - Administrative Facility - Dis- 3/13/85 pg cussion and possible action to renew a permit for a temporary APPRVD from commercial structure. 3/14/85 to a/7i,/szw 40. woodlands United Methodist Church - Discussion and possible action to extend the time allowed for the placement of directional signs on property other than their own. REPORTS 41. City Council City Manager 03. City Attorney PUBLIC HEARINGS - 5:05 P.M. 44. Zoning Regulations - Temp. Ord. #1004 - Discussion and pos- sible action to amend Section 28-1 of the Code to add the Florida Statute definitions of "Special Exception" and "Variance" and to amend Section 28-194(d) by substituting "Variance" for "Special Exception". Second Reading. 45. Off -Street Parking Requirements -- Temp. Ord. #1022 - Dis- cussion and possible action to amend the off-street parking requirements in Code Section 18-5(12) for clubs, community spas, and in Section 18-5(41-b) for multiple --family dwellings (three or more units). Second Reading. 46. Subdivision Improvements - Temp. Ord. #1114 - Discussion and possible action to amend Section 24-10, 24-30, 24-32, 24-33 and 24-34 of the Code pertaining to construction of canal and lake side slopes. Second Reading. 47. Zoning Regulations - Tempi. Ord._#1159 - Discussion and pos- sible action to amend Section 28-27.2 of the Code, "Table of Miscellaneous Residential Zoning District Requirements", by amending the minimum net floor area for multi -family residential districts. Second Reading. 48. Zoning Regulations - Temp. Ord. #1163 -- Discussion and pos- sible action to create Article XVIII in Chapter 28 of the Code to establish a 13-7 Business/Hotel District. Second Reading, City Council may consider and act upon such other business as may come before it. Pursuant to Chapter 286.0105, Florida Statutes, if a person decides to appeal any decision made by the City Council with respect to any matter considered at such meeting or hearing, he may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is based. CITY OF TAMARAC Carol E. Barbuto Assistant City Clerk J/ ij/" pg Lu APPRVD from 3/23/85 to 3/23/86 __ 3/13/85 pg 27 3/13/85 Pg 27 3/13/85 pg 34 35. Public Hearing held. 3/13/85 pg 35 36.APPROVED as revis.3/13 2nd read. 3/13/85 pg 36, 37. APPROVED 2nd read.w/ amend by C/A as stated in Sec.8 of 3/13 rev.with 3/6 sketch 3/137T7Pg 77 38.TABLED 2nd read...,.-, uoar. . 3/ l.3/" pg ay- 41 . Public Hear. held.TABLED for PAGE SIX 3/11/85 COMMUNITY DEVELOPMENT 49. Traffi.c Li ht at Colony West Crossing on 88 Avenue - Discussion and possible action.(Agendized by consent) 50. Spyglass - Revised Site Plan - Tem .Reno.#3561 - Develop- ment Order - Discussion and possible action. Agendized By consent) 51. Resolution on I-595 and Nob Hill Road - Discussion and possible action. (Agendized by consent) 52. Turnpike Force Main - Project 84-6 - Discussion and possible action on: a) Engineering Agreement b) Modification of plans (Agendized by consent) GENERAL ADMINISTRATIVE/FINANCIAL 53. Miller L Beier Invoice - Discussion and possible action on payment of the architect's invoice. (Agendized by consent) 3/13/85 pg 1, 13,14.TABLED for recpt of Traffic Eng. Rn t . 3/13/85 pg 1, 17.APPRVD amend. Reso. 85-81 by remove prohib.of usin, enclo.,, S for 1. tr �8Wp 17,27.TABLED at req. of C/A� 3/13/85 pg 2, 18,19. a) & b) Author. agree- ment with WHS for $7,500.00 to redesign. 3/13/85 pg 3, 17 , 18 . APPRVD pmt.of $41,030, 10. lJ CITY OF TAMARAC, FLORIDA REGULAR CITY COUNCIL MEETING March 13, 1985 Tape 1 : Mayor Philip B. Kravitz called the meeting to order on Wednesday, March 13, 1985, at 9:00 A.M. in the Council Chambers. PRESENT: Mayor Philip B. Kravitz Vice Mayor Sydney M. Stein Councilman Jack Stelzer Councilman Raymond J. Munitz Councilman Allan C. Bernstein ALSO PRESENT: Elly F. Johnson, City Manager Jon M. Henning, City Attorney Carol E. Barbuto, Assistant City Clerk Patricia Marcurio, Secretary Mayor Kravitz called for a Moment of Silent Meditation followed by the Pledge of Allegiance. 49. - Discussion and possible action. : Agendized by Consent. (See Pages 13 & 14). C/M Munitz MOVED to Agendize by Consent discussion and possible action concerning a traffic light at the Colony West crossing on 88 Avenue, SECONDED by C/M Bernstein. you *. 50. SRyglas�s - Reyised Sito Elan - Temp. Reso,_ �3561 - DgyglonmeDt Order. - Discussion and possible .action. ,SYNOPSIS OF_MTION: Agendized by Consent. (See Page 17). V/M Stein said Council passed Resolution 85-81 which had an error and for clarification, he MOVED to Agendize by Consent discussion and possible action concerning a Revised Site Plan for Spyglass. SECONDED by C/M Stelzer. SYNOPSIS OF ACTION: Agendized by Consent. (See Pages 7, 8 & 9). C/M Stelzer MOVED to Agendize by Consent Item 6 k) on the Consent Agenda, Payment to Mitch Ceasar of $6,000.001 SECONDED by V/M Stein. YQTE: 1 3/13/85 /pm COMMUNITY DEVELOPMENT 51. on 1-595 4nd Discussion and possible action. SYNOPSIS 0 _&C.TION: Agendized by Consent. (See Page 17). C/M Stelzer MOVED to Agendize by Consent discussion and possible action concerning a Resolution on 1-595 and Nob Hill Rd., SECONDED by V/M Stein. 52. Turnpike Force Main - - - Discussion and possible action on: a) Engineering Agreement b) Modification of plans SYNQP,S-IS_ QF ACTION: Agendized by Consent. (See Pages 18 & 19). C/M Stelzer MOVED to Agendize by Consent discussion and possible action of this item, SECONDED by V/M Stein. VOTE: ALL -VOTED AYE 5. Public -Information Cg=j tee - Discussion and possible action on: a) Request for additional funds for this committee b) Acceptance of resignation of Morris Haber c) Announcement of a vacancy on this committee b) and c) Agendized by Consent. (See Pages 4 & 5). C/M Stelzer MOVED to Agendize by Consent a b) portion of this item for acceptance of the resignation of Morris Haber and a c) portion to announce a vacancy on this committee. SECONDED by C/M Bernstein. 2. P.janning_Commission - Discussion and possible action on: a) Hearing to remove Larry Bender for cause as a member of this Commission (tabled from 2/13/85). b) Announcement of a vacancy on this Commission for Arthur Gottesman's seat due to election results. SYNOPSIS- OF_ACT10N: b) Agendized by Consent. (See Page 33). V/M Stein said Mr. Gottesman had tendered his resignation as of this morning after the City election, and he MOVED to Agendize by Consent a b) portion to this item, SECONDED by C/M Munitz. 2 3/13/85 /pm s 34. - Discussion and possible action on: a) Revision to the title of the plat for this land presently called "Tract 38-A Plat" - Tgmpp. Rgso._#3_,560 b) Request for information by Beautification Committee Chair- person, Florence Bochenek. 5YNOPSIS OF ACTION: a) ( See Page 14) . b) REMOVED from the agenda at Florence Bochenek's request due to illness. b) C/M Stelzer MOVED to REMOVE the b) portion of this item from the agenda at the request of Florence Bochenek, Beautification Com- mittee Chairperson, SECONDED by C/M Munitz. VOTE: ALL V TED,AYE 36. - - Discussion and possible action to release a warranty bond posted for public improvements (tabled from 2/27/85) S NOPSIS_DF ACTION: TABLED at the request of the Engineering Department. C/M Stelzer MOVED to TABLE this item at the request of the Eng- ineering Department, SECONDED by C/M Munitz. 53. Miller & Meier__ nygica - Discussion and possible action on payment of the architect's invoice. SIS OF ACTION: Agendized by Consent. (See Page 18). Mr. Henning said there is a bill for Miller & Meier architects and he requested this be Agendized by Consent, V/M Stein so MOVED, SECONDED by C/M Munitz. VOTE: ALL VOTED AYE 1. women's American_QRT - Presentation by Mayor Kravitz of a proclamation designating March 13, 1985, as "ORT Day". This proclamation was previously delivered to the appropriate parties. Mayor Kravitz said this proclamation was delivered previously to the appropriate parties. BOARDS, AND, COMMITTEES 2. Planniag Comission - Discussion and possible action on: a) Hearing to remove Larry Bender for cause as a member of this Commission (tabled from 2/13/85) b) Announcement of a vacancy on this Commission for Arthur Gottesman's seat due to election results. -5YNO]2,9I S OF ACTION: a) See Page 2). 3 3/13/85 /pm AION: Cont' d. b) Agendized by Consent (See Page 2). Announcement was made and interested parties urged to get applications from the City Clerk's office. b) Mayor Kravitz announced a vacancy on this Commission for Arthur Gottesman's seat due to the election results. He urged interested parties get applications from the City Clerk's office. 3. W2J&Qm3il9Sommittee - Temp. Rego, #3AM9 - Discussion and possible action to appoint two (2) members (tabled from 2/27/85). SXNOPSIS OF ACT, 1O : TABLED to a future Council meeting at the request of the Committee. Mayor Kravitz said at the last Welcoming Committee meeting they requested this item be held for a future Council meeting. C/M Munitz MOVED to TABLE this item for a future Council meeting, SECONDED by V/M Stein. VOTE: ALL =,ED AYE 4. - possible action to 2/27/85). SYNOPSIS -OF _ ACTION: TABLED for the recommendation of the Chairman. - Discussion and appoint one (1) member (tabled from C/M Stelzer said there is one new application and he suggested the Chairman of this Committee should make recommendations. He MOVED to TABLE this item for a recommendation from the Chairman, SECONDED by C/M Munitz. YME : ALL VOTED AYE 5. Public ,,,1D ormat - Discussion and possible action on: a) Request for additional funds for this committee b) Acceptance of resignation of Morris Haber c) Announcement of a vacancy on this committee SYNQn I S O,F_.ACTION: a) TABLED for receipt of more specific information on amounts involved. b) ACCEPTED resignation of Morris Haber - Agendized by Consent - (See Page 2). c) At the request of the Chairman, announcement of a vacancy was TABLED -- Agendized by Consent - (See Page 2). b) Irving Fenichel, Chairman of the PIC, said the Committee feels that they do not need any additional people at this time. C/M Stelzer MOVED to ACCEPT the resignation of Morris Haber since he was elected to the Charter Board, SECONDED by V/M Stein. VOTE: ALL voTFp_AYE 4 3/13/85 /pm c) Mayor Kravitz said it is the request of the Chairman not to appoint anyone at this time, therefore, he said an announcement will not be made at this time. C/M Stelzer MOVED to announce the vacancy and TABLE action on appointment, SECONDED by V/M Stein. VOTES a) Mr. Fenichel said previous PIC Committees had put out a newsletter copied in the City Clerk's office and mailed to 106 residents, Council and Committees at a cost of $500.00 per year. He said when he became the Chairman of the PIC, there was a budget of $3,550.00 for the fiscal year of 1982/83 and for the fiscal year ending 9/30/83, there was a subtotal of $2,937.07. He said they spent $612.93 for that year. He said the budget for 1983/84 was $3,500.00 and they spent $1,865.64 leaving a balance of $1,710.13. He said the budget for 1984/85 was $7,000.00 Operating Expense and the Budgetary Report for the period ending 11/30/84 showed the expenditures for the year to date was $42.65, Unencum- bered Balance was $6,957.35. Mr. Fenichel said as of January, 1985, they developed a new Tam -A - Gram, with a new format to be more educational and, as a public service to the City, they printed and distributed 5,000 Tam -A - Grams in January, 1985 at a cost of $487.95. He said in February they printed and distributed 10,000 at a cost of $686.00 and in March they printed and distributed 10,000 Tam -A -Grams including inserts, which was a sample ballot for the General Election, at a cost of $1,018.00. He said as of 3/l/85, they spent $2,191.95 out of line item #470, Printing and Binding, of a budget of $3,000.00. He said they sent a memo to the Finance Department to transfer line item #490 to line item #470 giving a total in Print- ing and Binding of $5,000.00. Mr. Fenichel said they would like to continue with their program with Council's approval. He said they are in the process of updating the brochure of the City from 1978 and they will need additional funds to continue the programs. Mayor Kravitz asked if Mr. Fenichel could give an amount needed to complete the programs and Mr. Fenichel said he does not have a figure as yet. Mayor Kravitz suggested that the PIC continue with the budget they have and, if not sufficient, come back to Council with a definite am- ount. C/M Munitz asked if there was a cost for distribution and Mr. Fenichel said the cost was only for printing since there were enough volunteers to physically distribute the Tam -A -Grams. C/M Munitz MOVED to TABLE any further financial consideration for the PIC until there is more specific information, SECONDED by C/M Bernstein. Lou Silverman, Vice Chairman of the PIC and Editor of the Tam--A-Gram, said most of their budget will go for printing and distribution of the Tam -A --Grams. 5 3/13/85 /pm 39.&-Loan - A,dm�II.Strat;ve Facie - Discussion and possible action to renew a permit for a temporary commercial structure. SXNOPSIb9 OF ACTIQN: APPROVED renewal of a permit for 6 months from 3/14/85 and to expire on 9/14/85. C/M Stelzer said the City has received the proper check and he MOVED APPROVAL of renewal of the permit for a temporary commercial structure for 6 months, SECONDED by V/M Stein. VOTE: 10. S s er Cityroiect - RepQrt - Discussion and possible action.is A status report was given by Shirley Blumfield, Co -Commissioner of Human Relations. Shirley Blumfield, Co -Commissioner of Human Relations, said in the beginning of March she gave Council a copy of a letter she receiv- ed from Kiryat Tivon. She said they were glad to learn that the preparations for the Sister City Agreement are progressing as well as the preparations for the trip. She thanked Council for the final Resolution and she questioned whether this has already been mailed. Mr. Henning said he thought it would be appropriate for either the Mayor or either of the Co -Commissioners to send this Resolution. Mrs. Blumfield asked that this be done and she noted that the date that they will be in Kiryat Tivon for the signing of the Agreement has been set for 5/28/85. Mrs. Blumfield said she received a memo from Mr. Henning on 3/6/85 which had attached a memo of "Conflict of Interest, City Councilman accepting trip in connection with the Sister City Program." She read, "No prohibited conflict of interest would be created for a City Councilmember to accept a free trip to Israel from a tour agency which has worked with the City on a tour to Israel for the public in connection with the Sister City Program. The propriety of involvement by the City and its personnel in nature is not a matter addressed by the Code of Ethics, but rather is a question of whether there is a legitimate public purpose in expending City funds to assist in the tour." Mr. Henning said there was a question as to who requested that opinion and he noted that Mrs. Blumfield received a full opinion which was requested by Sunrise Councilman Bill Colon and was issued on 1/24/85. He said the City gets digests of opinions which are issued by the Commission of Ethics and the Attorney General's Office and if it might be of interest to Council, he requests the full opinion for Council's benefit. Mrs. Blumfield noted that the price given by Jefferson Travel was submitted with the understanding that there would be no free trips. 32. - _ Discussion and possible action to renew a model sales permit pursuant to Stipulation #11 for Woodmont Tracts 47, 50, 54, 57, 59, 60, 62, 64, 68, 70, 71 and 72B. MORSI�S OF CTroN: APPROVED It renewal of the model sales permit for 6 months from 3/15/85 and to expire on 9/15/85, except for Tract 68. F1 3/13/85 /pm rL.J C/M Munitz said he has a notation from the Finance. Department that Tract 68 has defaulted and on Tract 71 Guaranteed Revenues in the amount of $412.30 are due. C/M Stelzer noted that Tract 71 is paid to date. Ray Parenti, representative from Woodmont Corp., said there are no sales at Tract 68 and she requested that Tract 68 be removed from coverage under Stipulation #11. C/M Stelzer MOVED APPROVAL of renewal of the model sales permit removing Tract 68, SECONDED by V/M Stein. 33. woodM9at Tract_§Z - Discussion and possible action on: a) Assignment of the Water and Sewer Developers Agreement from Montwood, Inc., to Woodmont Corp. b) First Amendment to the Water and Sewer Developers Agree- ment. SYNOPSIS QF ACTION: APPROVED a) and b). a) Mr. Henning said the City has received a form indicating the assignment of the Water and Sewer Agreement and there are no objections. He said the purpose of this is to provide for the billing of the guaranteed revenues and keeping the City advised as to the ownership of the property and he recommended approval. C/M Stelzer MOVED APPROVAL of the Assignment of the Water and Sewer Developers Agreement from Montwood, Inc., to Woodmont Corp., SECONDED by C/M Munitz. VOTE: b) Mr. Henning said this is an amendment to the Water and Sewer Agreement for one additional ERC for irrigation purposes. He said there is new language added.concerning the backflow prevention. which is a new provision that the Utility Department wishes to include in the agreements. He recommended approval. C/M Munitz so MOVED, SECONDED by V/M Stein. Tape 2 CONSENT A_C,ENI2A 6. - a) Minutes of 1/9/85 - Regular Meeting - Approval recommended by City Clerk. b) Minutes of 1/16/85 - Reconvened Regular Meeting - Approval recommended by City Clerk. c) Minutes of 1/23/85 - Regular Meeting - Approval recommended by City Clerk. d) Alan F. Ruf -- Consulting City Attorney - 3/7/85 - $1,108.00 - Approval recommended by City Attorney. e) Richard S. Rubin, AIA - Consulting City. Planner - Services for February, 1985 - $4,071.25 - Approval recommended by City Manager. f) James M. Montgomery, Consulting Engineers, Inc. - Services for permit data required for diesel fuel storage tanks at Fire Stations - 12/30/84 to 1/26/85 - $1,980.00 Approval re- commended by Utilities Director/City Engineer. 7 3/13/85 /pm g) Shailer, Purdy & Jolly - Counsel for contraband forfeitures -- Court Reporting Services -- 2/15/85 - $39.20 - Approval re- commended by City Attorney. h) Woodmont Tract 73 - Reimbursement to Villas pursuant to Eng- ineering Agreement - Approval to extend the tabling action to a future meeting. i) Planning Commission - Appointment of one (1) alternate member - Approval to remove this item from the agenda (tabled from 2/27/85). j) FP&L Phoenix Substation: a) Assignment of Deed Restrictions from Leadership Housing, Inc. b) Release of Deed Restrictions by Leadership Housing, Inc. c) Bonding waiver request Approval to remove this item from the agenda - Recommended by the City Attorney (tabled from 1/9/85) k) Payment to Mitchell Ceasar, Grants Consultant - $6,000.00 AEI: Agendized by Consent Item k), Mitch Ceasar Invoice in the amount of $6,000.00 - (See Page 1). APPROVED Items a) through k). h) was amended to terminate the balance of the contract which calls for sealcoating and refunding the sum of $1,572.50 to Woodmont at 73 Villas. Mayor Kravitz noted that Item k) was Agendized by Consent, Payment to Mitch Ceasar in the amount of $6,000.00. V/M Stein requested that Item h) be REMOVED and considered separately. V/M Stein MOVED APPROVAL of Items a) through k) with the exception of Item h), SECONDED by C/M Stelzer. h) V/M Stein said this item was on the agenda for tabling and he has been asked by Tract 73 to consider it now. V/M Stein MOVED to RECONSIDER Item h), SECONDED by C/M Stelzer. VOTE: City Manager Johnson said the only reason this was tabled was for clarification for the people in that area. He said they have gotten the point they were interested in clarified and they requested the refund be given. He said it is staff's recommenda- tion that this be done. Mr. Henning said Council should Vote No on Item h) in order to consider it. V/M Stein MOVED to REMOVE the TABLING MOTION, SECONDED by C/M Stelzer. V/M Stein MOVED to Agendize by Consent Item h), SECONDED by C/M Munitz. Mr. Henning said the City had a contract for the swale work and there was a question on the sealcoating payments. He said City Manager Johnson said the request is to refund them the balance of the deposit they had placed with the City of approximately $3,500.00. Mr. Henning said the amount is $5,000.00 less $3,427.50. 8 3/13/85 /Pm J i V/M Stein MOVED to terminate the balance of this contract which calls for sealcoating, which is not necessary, and that a refund of $1,572.50 be given. SECONDED by C/M Munitz. 8. Invefitment of City Fund& - Report by City Attorney regarding the status of City funds invested with ESM Government Securities. tN0PSIS_QF ACTION: Status Report was given by the City Attorney. Mr. Henning said it is not necessary to discuss in public any particular strategy which the attorneys plan on using in their approach of this case. He reported that Morgan, Lewis and Bockius have been retained and they are working with Larry Levy of the firm out of the Miami office. He said they are planning to file a law suit or suits in an attempt to recover the assets and interest that was invested by Tamarac. He said the City has not given up hope of making a recovery and they have been the liaison with Thomas Tew who is the Receiver. He said the City has agreed to monthly billing but has not received any invoices for payment as yet. C/M Stelzer said he asked the City Manager for a report of how much actual access cash the City has and he received a report today that $4,800,000.00 is from the Utility West, which are reserved under CIACs.and $1,800,000.00 are reserves from the Broward Utility. He said this 7 million dollars that is being questioned in no way affects the financial responsibility of the City. He said these funds from the two Utilities are not immediately needed so that the 7 million dollars being held in no way impairs the City's financial stability. He recommended the City institute action against Alexander Grant, the S.E.C. and the State since they assured the City that investments with ESM were in order. He said he would put that in the form of a MOTION. C/M Munitz said this is probably part of the action being con- sidered by the law firm that the City has retained and a Motion of this kind might hinder them in some way. Mr. Henning said he would rather the law firm report to Council specifically. Mayor Kravitz said he disagrees with C/M Stelzer as to whether the City's assets are not affected should the 7 million dollars be lost. Mr. Henning said the strategy of the attorneys should not be discussed at this point and the day to day operations of the City are not in jeopardy. Dr. Bernard Newman, resident, said the Council should consider the possibility of a class action suit by the residents of Tam- arac against the Finance Officer, the City Manager and the Coun- cil if the money is lost. 11. Bgoward League of Cities DusiUCSS - Discussion and possible is action. : Mayor Kravitz gave a report. 9 3/13/85 /pm Mayor Kravitz reported that the minutes of the last meeting were distributed to Council members and the next meeting of the League of Cities will be 3/21/85. T 13. Did Award - - Discussion and possible action to award a bid for municipal sewage, grit and sludge removal and disposal -- Project 85-5. SYNOPSIS Of ACTION: APPROVED RESOLUTION NO. R-85-90 PASSED. awarding the bid to Frenz Enterprises, Inc. in the amount of $9,010.30. Mr. Henning read Temp. Reso. iissn by title. C/M Stelzer said Council was notified by the Utilities Director/ - City Engineer that the lowest responsible bidder was Frenz Enter- prises, Inc. in the amount of $9,010.30. He MOVED APPROVAL of SECONDED by VIM Stein. ME: ALI, VOTED AYE - 14. - - Discussion and possible action to award a bid for installation of monitoring wells at the sludge disposal site (sod farm) - Project 85--9. YNS?PST-9 ()F ACTION: APPROVED RESOLUTION NO. R-85-91 PASSED. awarding the bid to Maxson Well Drilling, Inc. in the amount of $3,400.00. Mr. Henning read Temp.by title. C/M Stelzer MOVED APPROVAL of awarding the bid to Maxson Well Drilling, Inc. in the amount of $3,400.00, SECONDED by V/M Stein. VOTE: ALL VOTED A E 15• - PrOject 84-2- Discussion and possible action on: a) Revised Engineering Agreement with CH2M Hill to delete emergency storage ponds and design phosphorous removal system. b) Selection of site for deep injection well. SYN()�,,S : a) APPROVED on a cost plus fixed fee with a guaranteed ceiling not to exceed $22,500. b) ACCEPTED staff's recommendation to put the deep injection well in Land Section 7. a) Mr. Henning asked Bill Greenwood, Utilities Director/City Eng- ineer, what this costs. He said the Addendum has a negotiated figure of $22,500 and he assumed that during negotiations, the typical language of "up to $22,500.00" was not agreed to and this is a lump sum figure. Mr. Greenwood said that was presented very quickly because they have just received the variance last week from the Environmental Quality Control Board. He said the documents that staff and Council have in their possession has a lump sum price. 10 3/13/85 /pm Mr. Greenwood said yesterday afternoon he met with representa- tives of CH2M Hill and his recommendaton on compensation is a cost plus a fixed fee with a fixed ceiling of $22,500.00, which was agreed to by CH2M Hill as well. V/M Stein MOVED APPROVAL of the Agreement with CH2M Hill on a cost plus fixed fee with a ceiling not to exceed $22,500, SECOND ED by C/M Stelzer. MM: ALLY VOTED AYE b) City Manager Johnson said as a history of why the City had to apply for a variance with the E.Q.C.B., this particular project is listed with a rating of 40 on the scale for Grants and he does not feel there is a good chance for a grant. He said that is immaterial because the City is on a mandate for the bond issues related to deep injection well. Mr. Greenwood said be- cause of regulations by the E.Q.C.B. requiring lining of all holding or perc ponds associated with the original spray irriga- tion project, in late October the project was switched by Council from spray irrigation to deep injection well. He said in November, CH2M Hill was hired as a Consultant in accordance with State Statute. He said the regulations at that particular time would not permit the installation of a deep injection well at the existing treatment plant site. Mr. Greenwood said the requirement states that no deep injection well could be located within a 12-inch cone of depression of a potable water wellfield. He said the City's existing wells are at the water and sewage treatment plant site and when the wells go on they go in pool water which lowers the water table within the ground surface. He said since the water is not protected by a large rock strata, it is a non -confined water source very susceptible to pollution. He said E.Q.C.B.'s regulations were initiated by them to protect and avoid pollution of the water. Mr. Greenwood said the City had no alternative except to design the deep injection well to meet the time constraints imposed by D.E.R. for the Grant. He said the site utilized for design was in Section 7, which is not covered by the existing E.Q.C.B.'s regulations. He said variance request, data and a report were prepared by the Consultant and staff and submitted to E.Q.C.B. in the beginning of February and they refused to vote on the request for a variance because they wanted a more specific loca- tion for the well. He said on 2/27/85 another variance hearing was held with E.Q.C.B. and they granted the City permission to install the deep injection well within that 12-inch cone of depression or the existing treatment plant site. Mr. Greenwood said there are several reasons this is being dis- cussed today; the City has to accept or deny the variance granted by the E.Q.C.B. by 3/15/85. He said if the well is relocated to the treatment plant site, then a redesign has to be initiated. He said the pros and cons would be as follows: -- if the deep injection well was left where presently designed on Land Section 7, a 24-inch pipeline connecting the existing sewage treatment plant with Land Section 7, more than likely will not become a Grant -eligible item. What this means in dollars is approximately $430,000.00--potential loss of Grant. - if the deep injection well was installed on the existing treat- ment plant site, the advantages would be economics --the $430,000.00 Grant on a million dollar project; however, there are also very drastic disadvantages. 11 3/13/85 /pm -- one of those disadvantages which will affect the residents is to install a deep injection well requires a 24-hour operation for 6 to 8 months. The noise level of V-12 diesels, 50 to 24- i.nch casing clanging, etc. will be very high even with proce- dures for sound attenuation such as straw bails piled up 50 to 75--feet to try to contain the sound on the treatment plant site. - another disadvantage would be the land constraints. The exist- ing treatment plant site really does not have sufficient property or land. It can be done but will completely disrupt the normal operation of the plant and increase the cost that the contractor will bid by an uncertain amount. It -- another disadvantage is not from the deep injection well leak- ing from below to the surface but of a potential for the main line from the treatment plant to the injection well breaking and rupturing spilling sewage onto the ground surface and immediately being percolated down to the ground water. Mr. Greenwood said his and staff's recommendations are that if the City would utilize comprehensive planning, which would mean consolidation of the utility operations on one site, the most logical remaining site in the City is Land Section 7. He said this consolidation would also potentially include a decision by Council and the Consultant report has indicated that it is definitely cost-effective to build a new, concrete, well - designed sewage treatment plant on Land Section 7. He said to implement Comprehensive Planning for consolidation, staff and the Consultant's recommendations would be to consolidate all oper- ations on Land Section 7. Mr. Greenwood said the decision before Council today would be whether to implement Comprehensive Planning and/or to make the decision solely based upon economics. He said there is a poten- tial that the pipeline can be transferred to what is classified in the Grant Program as "The Northwest Force Main". He said even if everything is consolidated in Land Section 7, a 24-inch pipeline force main running from the existing treatment plant site to convey the sewage out to Land Section 7 is still needed. He said there is a potential, but no guarantee, that that one million dollar pipeline might become grant eligible under another project. C/M Munitz asked Mr. Greenwood if, because of the danger of the potable water at the present location, the deep injection well cannot take place at the present treatment plant locaton. Mr. Greenwood said no, that is not a correct statement. He said that is what the existing E.Q.C.B. regulation stated. He said on 2/27/85, the E.Q.C.B. gave the City a variance permitting the City to install the deep injection well at the treatment plant site. He said he recommends that Council consolidate the fac- ilities at Land Section 7. Dr. Bernard Newman, resident, commended Mr. Greenwood on his report and asked what would happen in the event of a power fail- ure if the storage ponds are eliminated. Mr. Greenwood said one of the other variances granted by the E.Q.C.B. on 2/27/85 was the deletion of the requirement of three-day emergency storage. He said this emergency storage would be required about once every 5 years when the deep injection well would have to be inspected by State and Federal requirements. He said the ponds would have taken up over 10 acres of property and the variance the City was seeking before the E.Q.C.B. was that the City, during that emer gency-type of situation, would use chemical feeders to add alum which would remove the phosphorous from the treated discharge from the sewage treatment plant. 12 3/13/85 /pm Mr. Greenwood said, in addition, the City would aerate the receding canal to be sure that the receding water body was super saturated with oxygen. He said the advantage to the City on that particular variance was that 10 acres would not be utilized for the ponds, the huge construction costs of the ponds would be eliminated and all that would be needed would be chemical feeders for the alum and one additional blower. He said the variance also said that during emergency -type conditions, the City could still discharge into the canal system at the golf course until 1990. C/M Stelzer asked if the City will have emergency generators there and Mr. Greenwood said the City will have complete emergency generator backup. V/M Stein MOVED to ACCEPT staff's recommendaton and put the deep injection well on Land Section 7, SECONDED by C/M Stelzer. Mr. Henning said if the deep injection well goes on Land Section 7 the wastewater plant may or may not be moved; however, if the deep injection well goes on site as the variance permits, then the plant will not be moved to Land Section 7. City Manager Johnson said it could still be moved but the problem is that if there is any future expansion on that plant there will be a problem doing any work because additional space will be taken. He said there is not adequate space there now. C/M Bernstein - Abstained becuse of possible Conflict of Interest C/M Munitz - Aye C/M Stelzer - Aye V/M Stein - Aye Mayor Kravitz - Aye 49. Traf is Lisht at Colony West Crossing on 88 Avenue - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. (See Page 1). TABLED for receipt of the Traffic Engineering Report. Ted Snyder, resident, said there is a situation which requires a traffic light at the intersection of 88 Ave. and NW 67 Ct. He said on 3/22/82 the City had an agreement with the Colony West Tape 3 Golf Club to install a light at that intersection. He said this was approved by the Council, City Manager, City Clerk and the Vice President of the Colony West Golf Club, however, it was never implemented. He said this is a dangerous intersection and the protection is necessary for all the people. He noted that this problem was written up in 1984 in the West Section of the Sun Sentinel. He said he was told by many people that there must be traffic accidents and deaths before a traffic light is consid- ered. Mr. Snyder said 88 Ave. should be 35 m.p.h. in Tamarac as well as it is in Coral Springs and Sunrise. He said he would like the approval of the Council for this agreement and he has already received approval from the County Commission and Peter Deutsch's office. Mr. Henning said Council is being asked to direct the City staff to proceed. V/M Stein said there are at least eight requests such as this with the County and the City has been requesting this for some time. 13 3/13/85 /pm V/M Stein said the City will pass as many Resolutions as possible to get this done but there are no guarantees. C/M Munitz asked if the Resolution that was approved in 1982 was presented to the County and was rejected by the County. Mr. Henning said Mr. Snyder got a contract from the City files which was passed before he came to the City which states there will be assistance with the light installation whenever the County approves or authorizes the installation. He said the alternatives at this point are: 1. Council can pass a motion directing staff to follow up and meet with County engineering. 2. there will be a traffic engineering study and Council will meet with them in approximately two months to establish priorities. C/M Bernstein said the major concern of the DOT has been with the interruption of the normal flow of traffic every time a new traffic light is installed. He said the County has a plan for installing progressive lights on all of the major highways. He said the problem is the funds are not readily available and they have not given a high enough priority to the implementation of this program. He said a Resolution by this Council presented to the DOT and the County Commission asking for the early implementation of the progressive light plan, might be in order. Mr. Henning said the City has a Traffic Engineering Contract with the County and generally the City Engineers deal directly with the County staff engineers. He said there could be a report requested from the County Engineers as to why the traffic light has not been installed. C/M Munitz MOVED to TABLE this item for consideration on receipt of the Traffic Engineering Report. SECONDED by V/M Stein. 34. Munigipal C.Qmplex - Discussion and possible action on: a) Revision to the title of the plat for this land presently called "Tract 38-A Plat" -- Temn._Reso._A'564 b) Request for information by Beautification Committee Chair- person, Florence Bochenek. RESOLUTION NO. R-85-97 PASSED. a) APPROVED renaming the plat "Tamarac Municipal Complex Plat". b) (See Page 3). REMOVED from the agenda at Florence Bochenek's request due to illness. a) Mr. Henning read by title. Mr. Henning said Resolution 84-368 was passed on 11/14/84 unani- mously approving the plat for the new City Hall/Municipal Complex site, which is presently known as "Tract 38-A", and is attached to He said there is a letter from Craven & Thompson noting that Woodview Homes, Tract 38, just north of this site, has some confusion between 38 and 38-A and they are suggesting the City rename the plat. He said he recommended that the site be called "Tamarac Municipal Complex Plat". V/M Stein MOVED APPROVAL of Temp,. Rgso. 1,3560, . SECONDED by C/M Munitz. VOTE: ALL -VOTED AYE 14 3/13/85 /pm 0 r 35. Proposgd Annexation -- Sartori Lands_ AloD,g-NW31 Avenue - Status report and discussion and possible action on this request for City annexation of lands lying south of the 3 Lakes Plaza. b9YN,QPSI69 OF ACTION: Staff was authorized to proceed. Mr. Henning said several meetings ago he reported that the City has been dealing with John Sartori regarding a proposal of land to be annexed, which is.on 31 Ave. He said Mr. Sartori could not be present today. He said Mr. Sartori is the owner of 3 Lakes Plaza, which is located at NW 31 Ave. and Commercial Blvd. He said this is a new addition to the City and just south of that property, along 31 Ave., there is a lake and Mr. Sartori wishes to develop that commercially and behind it around the lake will be residential apartments. He said the property is presently unincorporated and will be annexed either into Oakland Park or Tamarac and the City is pleased with negotiations thus far. Mr. Henning requested Council authorize the City staff to continue negotiations with Mr. Sartori,.prepare the necessary agreements and Ordinances to allow for annexation, to place the appropriate newspaper ads in the newspaper, because there is two months advance advertisement required before there are public hearings. He said he has a tentative appointment to follow-up on this on Friday, 3/15/85. C/M Munitz asked what the zoning is at that location now and Mr. Henning said he is uncertain but be- lieves it is commercial zoning on 31 Ave. and residential zoning in the rear. V/M Stein MOVED that staff be authorized to proceed with a re- quest for City annexation of lands lying south of 3 Lakes Plaza, SECONDED by C/M Munitz. Melanie Reynolds, resident, asked if the City can supply water and sewer to this area and Mr. Henning said the City has an agreement for either water or sewer with 3 Lakes Plaza and, after his review, he will make this part of the staff report. 9. FP&L Street Light Conversions - Discussion and possible action on an invoice from FP&L in the amount of $1,977.26 reflecting additional billing for this work. iS NOPSIS Off' BCTION: Authorization was given to pay the amount of $1,977.26 to FP&L. Mr. Henning said in the letter the City received from Dave Cobb of FP&L, there may be some errors that go back two years. He said since the PSC.has limitations on back charges, they are only going back 12 months with the City. Dave Cobb, representative of FP&L, said this is not a charge for work that was done. He said in 1982 when the conversion plan began, there was a delay of completion on the conversion that was done at the request of the City and at that time, there was one job in the process of being worked and was partially completed. 15 3/13/85 /pm Mr. Cobb said there were about 12 different locations in the City that were individual jobs and, in this particular case, FP&L continued and finished the job after permission to do so was given the latter part of last year. He said upon that completion, he sent a memo to the FP&L Accounting Department thinking that possibly the City had been charged for some of the lighting in that interim time that should not have been charged. He said that was not the case and they had charged more lights in the Accounting System to the credit of the City than they should have. Mr. Cobb said this is just a partial recovery of credit that the City has already received as a result of that accounting. Mr. Henning asked what the Conversion Program is and if the billing is based on a metering or a pole--per-month price. Mr. Cobb said it is a per -light -per --month plus the pole, plus cable in the trench if there is a lot of footage involved. Mr. Henning said it would then be a flat fee and Mr. Cobb said yes, a flat fee every month depending on the lumens provided in that area. Mr. Cobb said the Conversion Program was a change from mercury vapor which was a more expensive, less efficient light to operate and the National Energy people suggested this be done to convert lights from mercury to sodium. V/M Stein asked if this charge would just be made once because of an error and Mr. Cobb said yes. C/M Bernstein asked if the intensity of illumination was reduced in this Program and Mr. Cobb said not according to the information they have received. City Manager Johnson said FP&L reduced the amount they were billing the City before the project was actually on line. Morris Haber, resident, asked who the savings is given to on this, FP&L or the City. City Manager Johnson said the present lighting system is a cheaper rate than the prior lighting system per pole. V/M Stein MOVED to authorize payment of the amount of $1,977.26 to FP&L reflecting additional billing for this work, SECONDED by C/M Stelzer. 37. Sutter Spmmercial-BUildi,na - Bond Egleage - Temp. eso. #3554 - Discussion and possible action to release a war- ranty bond posted for public improvements. Y : APPROVED RESOLUTION NO. R--85-98 PASSED. releasing Letter of Credit #A-5521 in the amount of $6,111.75. Mr. Henning read Temp. Reag.,#3554 by title. C/M Munitz said there is a memo from Bob Foy, Deputy City Eng- ineer, dated 3/4/85, recommending release of the Letter of Credit and he MOVED APPROVAL of Tgemp._Reso,_#3554, SECONDED by V/M Stein. VOTE: 3/13/85 /pm is r_1 L _J 38. Kings_PQint-Prgf-essional plaga - Bond Release - Temp. Reso. #3555 - Discussion and possible action to release a warranty bond posted for the sidewalks on Nob Hill Road. a ACTION:SYNQRSIS OF APPROVED RESOLUTION NO. R-85-99 PASSED. releasing Letter of Credit #NABG-R91048F in the amount of $414.30. Mr. Henning read Trap,_ Reso__ #3555 by title. C/M Munitz said there is a memo from Bob Foy, Deputy City Eng- ineer, dated 3/4/85, recommending release of the Letter of Credit and he MOVED APPROVAL of Temp. Reso. #3555, SECONDED by V/M Stein. 50. Bpyg1ass - Revised- Site_Plan - Devglogment Order - Teap. Reso,. #3561 - Discussion and possible action. SYNOPSIS_OF ,ACTION: Agendized RESOLUTION NO. R--85-100 PASSED. by Consent. (See Page 1). APPROVED amending Resolution 85-81 by removing prohibition of using enclosed slabs for living quarters. V/M Stein said when this was approved, there was a prohibition against bedrooms and bathrooms and, in error, the words "living quarters", were included. Mr. Henning read TTemp,_ ResoA 43561 by title. V/M Stein MOVED APPROVAL of Temn__R_e,,jg. #3561 as amended, removing the words "living quarters or" from Subsection l(c) 4, of Resolution 85-81, SECONDED by C/M Bernstein. •00W-,TWAW1*-31WX4 51. &Bob u_tion_ on_ 1-595 and Nob Hill Rgad -- Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. (See Page 2). Postponed to later in the day. (See Page 17). Mayor Kravitz said he received a communication from the Greater Plantation Chamber of Commerce which sent the City a Resolution which was passed by the Board of Directors on 2/27/85. Mr. Henning asked that this be postponed to the afternoon portion of the meeting in order to have this Resolution typed, and Mayor Kravitz agreed. 53. Riller_ i_ Meier, Invoice -- Discussion and possible action on payment of the architect's invoice. SYNOPSIS QF_ACTION: Agendized by Consent. (See Page 3). APPROVED payment of the Miller & Meier Invoice in the amount of $41,030.10. 17 3/13/85 /pm J Mr. Henning said the latest invoice received from Miller & Meier was reviewed by the Finance Department and the amount is $41,030.10 for additional work on the Police Station. He said the plans for the Police Station were held back for a month or two and now they are 80% complete. He said they have completed the working drawings on the City Hall building and almost $10,000 of this bill is towards that. He said the City Manager and he recommend approval and the Finance Director has verified that the funds are available. Mayor Kravitz asked if the Planning Commission and the Beautification Committee have approved these plans and Mr. Henning said the footprint and design of the building will stay the same and these are the plans that are moving forward. He said there is nothing on this invoice concerning the $10,000 additional maximum charge for the revision of the site plan. He said the revised site plan has not been presented to the Planning Commission for final site plan approval nor has the landscape plan been presented to the Beautification Committee for final approval. Mr. Henning said this invoice is for the original contract for the working drawings of the actual building. City Manager Johnson said at the last Council meeting the Council instructed the architect to proceed with the drawing with the latest revi- sions. C/M Stelzer MOVED APPROVAL of payment of Miller & Meier's invoice in the amount of $41,030.10, SECONDED by V/M Stein. Vickie Beech, resident, asked what the procedure is for payment of bills and Mr. Henning said request for payment is given to a staff member who reviews it, he reviews it, the City Manager reviews it, the Finance Department reviews it and then recommendations are made to Council and Council approves it. 52. Turnpike Force Main action on: - Fxoject 84-6 - Discussion and possible a) Engineering Agreement b) Modification of Plans ,SYNOPSIS OF ACTION: Agendized by Consent. (See Page 2). a) and b) Authorized this Agreement with Williams, Hatfield & Stoner, Inc., with a cost of $7,500.00 to redesign the project. a) City Manager Johnson said this is the project for which a grant & was applied and, since that time, the State has decided to widen b) the turnpike. He said the original plans were designed as the turnpike existed at the time and the plans must now be revised to compensate for the extra lanes they are putting on the turnpike. Mr. Greenwood said the agreement that has already been approved by Council is to relocate existing facilities, this agreement is a proposed new crossing of the turnpike at Commercial. Blvd. with an 18-inch pipe. Mr. Henning noted that this was under the present consulting engineering agreement that the City has with Williams, Hatfield & Stoner, Inc. 18 3/13/85 /pm P J [7 I C V/M Stein MOVED to authorize this agreement with Williams, Hat- field & Stoner, Inc. with a cost of $7,506.50 to redesign the project, SECONDED by C/M Munitz. 16. 201 Fla - Temp. Reso. #.3,52 - Discussion and possible action to authorize execution of agreements for transfer of Tamarac's excess wastewater capacity from Tamarac to Broward County, North Springs Improvement District, Broadview Utili ties Corp., and the Cities of Coral Springs, North Lauderdale and Deerfield Beach. ,SYNOPSIS OF ACTS: APPROVED RESOLUTION NO. R-85-92 PASSED. with the proviso that the cities being recipients of this pay all late charges assessed against the capacity they received. Mr. Henning read Temp. ResQ. _#35.0 by title. Mr. Henning said this concerns Tamarac's excess capacity at the Northwest Regional Plant of Broward County regarding wastewater capacity. He said the City is reducing the amount of capacity that Tamarac will be needing. He said originally the City con- tracted for 6.8 million gallons per day capacity and this amount is being reduced by 4.39 m.g.d. to leave 2.41 m.g.d. as Tamarac's capacity and will continue to be with the County 201 Program to that extent. He said this project has been handled by Linton Lovett as Special Attorney for the City to negotiate with the various utility agencies, etc. to divide, with the approval of the County, the various amounts of capacity. Tape 4 Mr. Henning said this was reviewed by the Finance Department because these recipients will be paying either through the City or to the County, the dollars that Tamarac has for this excess capacity. He said there is an issue of some late fees which has been worked out with Linton Lovett and with the recipients as to how the late fees will be assessed. He said the City has been escrowing some money and has not paid the County and it is the recipients who will paying for this excess capacity. Mr. Henning said Council should authorize the execution of the agreement and the assignment, as provided in the agreements, to these various recipients. C/M Munitz asked Dan Saale, Deputy Finance Director, who is responsible for the late charges on the 201 Plan. Mr. Saale said when he attended a meeting of the Large Users with Linton Lovett this was discussed and the cities that are trying to take assignment of the capacity. He said those cities felt they would not be able to put anything through their Councils with respect to paying late charges the City of Tamarac incurred. He said Linton Lovett spoke on behalf of Tamarac stating that Tamarac would expect those charges to be picked up by the cities receiving the capacity due to the fact that the cost of this capacity would be a great deal less than what they would have to construct on their own. Mr. Saale said Linton Lovett and he took a hard stand that the City would expect the late charges to be picked up by the cities and he would expect that those agreements would not be entered into without this assurance. He said every charge that Tamarac has received relating to the 201 Agreement will be prorated to the City on a 2.41 m.g.d. divided by the 6.8 of the total agree- ment, so all charges related to this Large User Agreement will be prorated to Tamarac as Tamarac's percentage of the 2.41 that will be retained. 19 3/13/85 /pm V/M Stein MOVED APPROVAL of Temp. Rgro. #355 2 with the proviso that the cities being recipients of this pay all late charges assessed against the capacity they received. SECONDED by C/M Stelzer. 40• Woodlgnds unitea &thodiat Chulch -- Discussion and possible action to extend the time allowed for the placement of directional signs on property other than their own. SYNOPIU _ F ,_CTION; APPROVED extension for one year from 3/23/85 and to expire on 3/23/86. Mr. Henning asked if there was a charge and Carol E. Barbuto, Assistant City Clerk, noted that the Ordinance does not mention houses of worship, therefore, in the past they have not been charged. V/M Stein MOVED APPROVAL of the extension, SECONDED by C/M Munitz. 12. a - - Temp. ftsQ_. #3529 - Discussion and possible -action -to accept a grant offered by the Florida Department of Environmental Regulation in the amount of $113,261.00. , �OPSIS -ONION: APPROVED. RESOLUTION NO. R-85-89 PASSED. Mr. Henning read T-effW-,-,&zP-L,-j3529 by title. Mr. Henning noted that this did receive the required voter approval in yesterday's General Election. V/M Stein MOVED APPROVAL of , SECONDED by C/M Munitz. YM: 17. 13U- Discussion and possible action to regulate burglar alarm users and burglar alarm devices under Chapter 14 of the code. First Reading. (tabled from 1/2/85). TABLED on first reading to the 3/27/85 Council meeting, if the Committee has prepared a report. Mr. Henning read gip. Ord-.-41j66 by title. 20 3/13/85 /pm 0 • C/M Stelzer said there have been extensive discussions on this Ordinance and, at one of the meetings, Council reviewed a 21-page Ordinance and made several changes. He said this revised Ordin- ance has not yet been received and he MOVED to APPROVE Tgmn. Ord._411j on first reading with the provision that Council receive the revised Ordinance before the second reading MOTION DIED for lack of a SECOND. C/M Bernstein said he sees no problem with the Motion. V/M Stein said it was his understanding that the review and amendment of the 21-page Ordinance was done at the request of the Burglar Alarm Review Committee. He MOVED to TABLE this item to the 3/27/85 Council meeting, for a Burglar Alarm Review Committee report to Council, SECONDED by C/M Munitz. VOTE. C/M Bernstein Nay C/M Munitz Aye C/M Stelzer Aye V/M Stein Aye Mayor Kravitz Aye 18. Emergency Expendituraa - $ - Discussion and possible action to establish guidelines and procedures for emergency expenditures by the City Manager pursuant to Section 7.12 of the Charter. First Reading. (tabled from 2/27/85). MOPSIS OF ACTI.Q: APPROVED on first reading. Mr. Henning read .._Ora. 111.0 by title. Mr. Henning said about one year ago the Charter was amended in Chapter 7 concerning emergency expenditures and the City Manager was authorized to declare an emergency and make certain emergency expenditures, and the City Council was authorized to create Ordinances to further carry out this intention. He said this was codified in Chapter 9-39 of the Code, however, this does not authorize expenditures over the 1-1/2% cap that requires a refer- endum. V/M Stein MOVED APPROVAL of on first reading. Mr. Henning said the old Charter language stated that if there was an emergency, the City Council had to convene and declare an emergency and direct the City Manager to take appropriate action. He said the essence of the Charter amendment is the reverse, the City Manager is given the authority to declare an emergency, make expenditures and to report to the Council within 3 days after the emergency is over as to his actions. The MOTION was SECONDED by C/M Stelzer. 19. Standards for Codificatign_of Ordinances - Report by City Attorney. Discussion and possible action. SYNOPSIS OF ACTION: The City Attorney gave a report. :I Mr. Henning said he responded to Mrs. Melanie Reynolds, Charter Board member, stating that there are two types of Ordinances, some requiring codificaton and some do not. He said codifica- tion is when the actual text is taken and put in the appropriate place in the Code Book, the amendments are made in the lines of the text and it becomes part of the published book. 21 3/13/85 /pm Mr. Henning said the Ordinances that deal with City-wide provisions, such as, handicapped parking, feeding of wild ducks, solicitation, etc., are in the Code. Mr. Henning said the other types of Ordinances more or less deal with the rezoning of a particular parcel of property, acceptance of a budget amendment, etc. and are not codified because they only pertain to a particular development and are not put in the Code Book. He said in the time he has been with Tamarac, about 2--1/2 years, there have been no Ordinances which required codification that were omitted from codifiction. 20, RuIR GArbaur. Pick-U- UP -- Discussion and possible action. SYNOPSj5_S?F_ACT: Report was given by the City Attorney and no action was necessary. Mr. Henning said presently there is a negotiated contract that provides for quarterly bulk pick --up which is basically the same day throughout the City and they are included in the three-year contract with Waste Management. He asked Council if there have been specific complaints from residents concerning this. C/M Munitz said several people had approached him stating that 4 times per year are not enough. Mr. Henning said when City Manager Johnson contacted Waste Management, they gave a possible figure of $10,300 per additional pick --up. He said it might be less expensive for the Council to hire a pick-up service at $100.00 per trip and respond to individual needs. He said one of the reasons the rate on the three-year contract was so reasonable was because for the last five years the City was paying for twice -a -month bulk pick-up and did not take advantage of that service. Mayor Kravitz suggested waiting until specific problems are cited and he noted no action was necessary on this item. 21. B=wAx_d_ -- Discussion and possible action regarding the City's participation in Broward Day in Talla- hassee, a program sponsored by the Broward County Legislative Delegation to the Florida Legislature. The City Manager was authorized to return to Council with a recommendation. City Manager Johnson said he would like direction from Council as to whether staff should participate in this and, if so, who should participate. Mr. Henning said the City could either send no one or could have a table with brochures, a slide show with someone to answer questions, etc. Mayor Kravitz suggested the City Manager make a recommendation if someone from staff should be there and then report to Council. He said in discussing this with Mayors of other cities, very few will be attending. City Manager Johnson said he mentioned it because he was asked by the Executive Director of the League of Cities and they encourage participation from the cities. Melanie Reynolds, resident, said last night the Chamber of Commerce decided they would partipate. Mayor Kravitz suggested Council authorize the City Manager to come back to Council with a recommendation. V/M Stein so MOVED, SECONDED by C/M Munitz. 22 3/13/85 /pm C: • 22. Driy__i 19 - Te _Rego. #3 - Discussion and possible action to urge all local television stations to televise the Florida League of Cities announcement against drunk driving.. : APPROVED. RESOLUTION NO. R-85-101 PASSED. Mr. Henning read Temn�_Reso. 4355a by title. V/M Stein MOVED APPROVAL of Temp. eso. #355a, SECONDED by C/M Munitz. YQ.: 7. fig Enci ging Study - Discussion and possible action to approve an agreement with Kimley-Horn and Associates, Inc., to perform this work. SYNOPSIS OP ACTIOL: APPROVED. fi Richard Rubin said last year Council authorized staff to adver- tise for traffic engineers to perform several studies for the City and they were advertised: 1. To review the existing and proposed traffic improvements, signalization, etc. as provided in County and State funding for the next 10 to 20 years and determine if there are any other improvements that are necessary for the City and then, determine the method to fund said improvements from sources such as grants or assessing possible impact fees on future building permits. 2. Assisting the City in obtaining the funds for widening University Dr. 3. Reviewing the possibility of the design of 64 Ave. from Commercial Blvd.. to 44 St. in Lauderhill to see if the widen- ing is really necessary. 4. On a monthly basis, Council is receiving application for new projects that could provide a great impact of traffic in the City. Mr. Rubin said the agreement before Council today provides for consultant services to assist in all of those engineering ser vices. He said the City advertised for consultants and received qualified proposals and Council authorized staff to negotiate with the first rated firm, Kimley--Horn and Associates, Inc., and Richard Mercer, Manager for their Fort Lauderdale office, was present. He said staff is requesting authorization to enter into this agreement, however, there are several minor items that must be clarified such as the definition of medians. Mr. Henning said there are two parts to the contract, the overall contract is a maximum fee with costs reimbursable for the major task of traffic engineering study of the City's existing system and proposal. Mr. Henning said the study, which is their first task, will cost approximatly $32,000 plus attending public meet- ings. Mr. Rubin said that fee can be picked up again through possible funding in the future of impact fees. Mr. Henning said the schedule of hourly rates has a maximum rate of $85.00 per hour for the firm. Dr. Bernard Newman, resident, said he does not feel the City needs consultants when the same information could be gotten from the County without charge. 23 3/13/85 /pm Tape 5 Mr. Rubin said the County is involved with County roads, however, they do not look at local roads such as 61 St., 57 St. or traffic lights which the City might feel are necessary. He said Council has requested a study so that it would not be the City that would be burdened with the costs to do these improvements, but to find other sources such as developers who would be coming into the City. Richard Mercer, Manager of the Kimley-Horn and Associates, Inc. Fort Lauderdale office, corrected the maximum rate in the con- tract to $75.00 per hour and not $85.00 per hour. V/M Stein said this impact study is a result of the Ticon lawsuit since it was necessary to have some basis for the City's impact fees. C/M Munitz said another area of concern should be the left -turn signalizations at several areas which do not presently exist. Mr. Mercer said the initial effort in their study will be to establish existing operating deficiencies within the City which will include reviewing all the major intersections, the existing signalized operations, identifying where congestion experience is excessive, where there are safety problems, etc. He said they have learned that cities cannot assess impact fees to solve existing problems, they can only be assessed to solve problems that are going to be created by future development. Mr. Rubin said Broward County has initiated an impact fee system and the money they receive goes into a general fund that is utilized throughout the County. He said it does not come back to Tamarac necessarily and Kimley-Horn is suggesting a system be devised that if there are any deficiencies within the City, staff can determine a legally -defensible impact system that can require future developers to pay their fair share. C/M Bernstein said he heard no mention of the plans of the County for progressive lights and he suggested this be considered since it bears directly on the question of essential traffic light signals. He said there is a conflict of interest between the County and the DOT and the wishes of the residents regarding certain traffic problems. Mr. Henning congratulated Council for entertaining this type of contract which is progressive and is legally defensible. He said the payment will be reimbursed by the developers. V/M Stein MOVED APPROVAL of the contract with Kimley-Horn and Associates, Inc., SECONDED by C/M Bernstein. Morris Haber, resident, asked how this firm was chosen. Mr. Henning said the Competitive Negotiations Act was followed and Mr. Rubin said there was a negotiating committee composed of three members of Broward County Traffic Engineers, the Director's Assistant and the Broward County Engineer's Assistant. He said there was a representative from the City Engineering Department and he as a negotiating committee. He said they advertised, received bids from over eight qualified engineering firms and interviewed the top five firms and chose Kimley-Horn. He said Mr. Mercer was a past Director of Broward County Engineering as well. Ben Lieber, resident, said assuming that the traffic engineering study shows a need for a traffic light at 57 St. and Pine Island Rd., would they be able to put up a traffic light there in spite of the DOT's objections. 24 3/13/85 /pm • F�l • t Mr. Henning said no, and Mr. Lieber asked what the point to all this is. Mr. Henning said there are some County and State roads that go through the City but there are also City roads and the impact on those should be addressed as well. He said the biggest impact of this study would be on the City roads. Mayor Kravitz said the bulk of the requests for improvements are on either County or State roads. He questioned whether it would be an advantage to the City to spend the money for this study and Mr. Henning said the $32,000 is much less than the legal fees that are involved in defending the City for future traffic needs. He said this Ordinance is much needed and the costs would be reimbursed to the City by the developers. VOTE: ALLYOTED__BYE Mayor Kravitz recessed the meeting to 1:30 P.M. for lunch. Mayor Kravitz called, the,,meeting .to, order, at 1:30 .PiM andL -all were present. COMMUNITY DEVELQpMENT 27. shops gf Ta t ahoppi q Center)- RuilAd - Discussion and possible action on a revised site plan for addition of six (6) parking spaces. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-85-93 PASSED. with conditions. Mr. Henning read 'Tamp so. #3558 by title. C/M.Stelzer said staff recommends approval subject to the paving of the parking spaces numbered 41 5 and 6, obtaining necessary permits and providing wheel stops for all 6 spaces. He MOVED APPROVAL of , SECONDED by V/M Stein. Vickie Beech, resident, questioned the location of these parking spaces and Mr. Rubin said three are on the east end by the Ameri- can Legion and two are on the southwest side by the restaurant and one more in the southeast corner of the property. i� 28. Midag MUffl.9 _ - Temp_ Reso. #3556 - Discussion and possible action on a revised site plan to reflect a dumpster enclosure. ,SYNOPSIS OF ACTIN: APPROVED. RESOLUTION NO. R--85-94 PASSED. Mr. Henning read by title• C/M Stelzer said staff recommends approval and he MOVED APPROVAL Of , SECONDED by C/M Munitz. 25 3/13/85 /pm U 29. Pgol Mart -Revised_ _ Discussion and possible action on a revised site plan to delete fire sprinklers. T : APPROVED. RESOLUTION NO. R-85-95 PASSED. Mr. Henning read by title. C/M Stelzer asked why fire sprinklers were required at this location and Mr. Rubin said it was not a requirement of the South Florida Building Code. He said the architect submitted building plans with the fire sprinklers and the only way the Building Department will issue a permit is if Council allows this change. He said as a compromise, he did agree to have a smoke alarm system tied to a central dispatch and staff recommends approval. C/M Stelzer MOVED APPROVAL of'�i�?-1 , SECONDED by C/M Munitz. Mr. Rubin said for the last 10 years the City had an Ordinance stipulating that no billboards are permitted anywhere in the City. He said there were two billboards on Pool Mart property and a condition of approval for the permit was that he had to remove them and as of today, 3/13/85, there is not one billboard left in the City. 30. M9BAb-.P = - Discussion and possible action on: a) Limited Parking Waiver - Petition #17-Z-83 - Temp, gZ9_. 43096 (public hearing held 4/11/84) b) Enforcement of existing parking regulations (tabled from 12/12/84) SYNQM a) DENIED. b) No action was necessary The City Attorney will review the City Planner's punch list and those items that can be enforced through the courts will be cited. a) Mr. Henning read by title. C/M Munitz asked if the violations have been corrected and Mr. Rubin said he inspected this area yesterday and there are the same violations plus new ones. He said last year the Planning Commission said if the owner did not clean this up, they would recommend denying the limited waiver. He said Council has gra- tiously given him over one year to work on it and staff re- commends denying this waiver. C/M Stelzer MOVED to DENY Temp. Resg%k, SECONDED by C/M Bernstein. VOTE: b) C/M Munitz asked what can be done to enforce this and Mr. Henning said the specific items that are prohibited by the Code such as the dumpster being in disrepair can be addressed as to whether they can be enforced in court. He said he will review the City Planner's punch list and those items that can be enforced through the courts will have action filed by the City. Mr. Henning said no action is necessary at this time and he will report to Council on this. 37 3/13/85 /pm • • Ij 31. Snub - - T_ emo�R�a- #1552 - Discussion and possible action on a revised site plan for addition of a dumpster enclosure and an awning. OF ACTION: APPROVED. RESOLUTION NO. R-85-96 PASSED. Mr. Henning read T_eMp,_B€5_Q,-_#3, 9 by title. Mr. Rubin said yesterday the City Engineer's office sent a memo that there are no utilities in conflict. C/M Stelzer MOVED APPROVAL of , SECONDED by C/M Bernstein. Y _ • VAIN, 51. - Discussion and possible action. itMUIU ACTIOfI: Agendized by Consent. (See Page 2). TABLED at the request of the City Attorney. rI Mr. Henning requested that this item be TABLED since it is not ready at this time. C/M Bernstein so MOVED, SECONDED by C/M Munitz. YQ : ALL YOTED AYE REP= 43. City.Attoiney enort - No report. 42. City Manaaet_Reno t - No report. 41. Clay Council_Re _P_r - _c/]L_Bk.urtejn said this is his last Council meeting as a member of Council and he wished his successor good luck. C/M Munitz - No report. CZN Stelzer said this is his last Council meeting as,a member of Council and he said goodbye. YIN St-ein said he is hopeful for harmony on the Council. - said -he, too, is hopeful for harmony with Council members working for the best interests of the City. He said the Northwest Council which met on 3/11/85, has adopted new guide- lines and, although the City Council did not attend, it is in the newspaper and the name has been changed to "The Northwest Council of Mayors". He said this includes 10 cities and the voting member will be the Mayor of each City and his designee when he is unable to attend. C/M Munitz asked the purpose of The Northwest Council of Mayors and Mayor Kravitz said the purpose is to work within the County and have each City support them as a group so that there is unity. He said guidelines will be submitted to the entire mem- bership. 27 3/13/85 /pm 23. 't e - - - - Discussion -and possible action to rezone lands northwest of University Community Hospital from R-3 (Low.Density Multiple Residen tial) to B-6 (Planned Business) to construct a medical office building and a Senior Citizen Living Assistance Center. First Reading. a) Acceptance of Affidavit of Publication, Affidavit of Mailing and.Affidavit of Posting. b) Consideration of application. Public Hearing was held. a) ACCEPTED Affidavits of Publication, Mailing and Posting. b) APPROVED Temp. Qrd.._,#1172 on first reading • with conditions. a) Mayor Kravitz asked the Assistant City Clerk for verification that the Affidavits have been received and she said yes. iStein MOVED ACCEPTANCE h s of Publ ication,Mailing and Posting, SECONDED.bY C/M Munitz .. _, yj=: ALL VQTED AXE b) Richard Rubin said several years ago there was a parcel of land that was proposed to be a burn treatment center that is north and west of University Hospital. He said based upon that use, the City adopted a Land Use Plan designating the site for Community Facilities. He said the zoning has been R-3, which is not consistent with the Community Facility designation and the applicant has initiated a rezoning to B-6, which will be consistent with one proviso. He said at the Planning Commission meeting, they studied the uses and determined that those uses are community facilities if they are controlled by University Hospital. Mr. Rubin said it is the recommendation of staff and the Planning Commission that Council consider rezoning the property from R-3 to B-6 with the condition that before the second Public Hearing, Council receives a voluntary deed restriction that would accom- plish several goals. He said, first, it would provide a unity of title for this parcel so that it would always be part of the University Hospital ownership, which is a Community Facility. He said, second, that it would list those uses that would be permitted on the property as those proposed by the architect today, so that other commercial uses would not go into this district and create a conflict with the Community.Facility desig- nation.: C/M Stelzer questioned the change in title as well and Mr. Rubin said it is a new concept.they:are proposing and he introduced Michael Shiff, representative of University Hospital, et al. Mayor Kravitz asked if Mr. Shiff has any objections to the deed restrictions that this will be part of the hospital and not used for any other business. Mr. Shiff said the hospital had no problem with that. He said the facility is going to be called a "Living Assistance" which does not mean that people live there but their lives are assisted by going to this facility. Katy Cohen, representative of University Hosptial, said the Center they are proposing is going to have an adult day care center, which will provide help for frail elderly, a series of activities for the well elderly, and assistance for people to remain in their own homes. 28 3/13/85 /Pm .: • • C/M Stelzer asked if there will be any live -ins there and Mr. Shiff said no, it is strictly a day care and activity center. C/M Munitz asked who will supervise this and Mr. Shiff said it will be staffed from the hospital. Mayor Kravitz opened the public hearing and Mr. Henning read by title. Arthur Gottesman, Councilman -elect, asked Thomas Barb, Administrator for University Hospital, if this will be paid by Medicare or by the users themselves. Mr. Barb said this center will have various revenue producing sides as well as community service areas. He said one half of the first floor is set up as a Community Hall and they intend'to make that available to any senior citizen organization who wishes to utilize it. He said they will have certain businesses working out of there such as the Home Health Agency, Durable Medical Equipment, the Geriatric Day Care area, etc. and these are all a fee -for -service type program. He said they are, to varying degrees, reimbursed by Medicare or other insurances. He said there will be a basic package of assistance in living which will be on a subscription basis, which will probably not be covered by insurance. C/M Munitz asked if there is any idea how much this would cost and Mr. Barb said he is uncertain at this point but it could be approximately $50.00 to $75.00 per month. Morris Haber, Charter Board member, asked where the tie --in is with the hospital and Mr. Barb said they are finding more often that people are in the hospitals for sociological and support reasons. He said more hospitals are doing this to keep the elderly out of the acute care and nursing home setting. He said this is a new concept and they are trying to provide health care and the hospital comes in because it will be medically supervised. Morton Student, resident, said this is needed in Tamarac. Mayor Kravitz closed the public hearing with no further response. Tape 6 V/M Stein MOVED APPROVAL of #1172 on first reading, SECONDED by C/M Munitz. Mr. Rubin noted for the record that the applicant has been advis- ed and has agreed to submit the deed restriction in proper form for the City Attorney's approval before the second reading. 24. Rernd la Inc. - Rezoning Petition_# -Z-85 - Temp. Ord.. #117.3. - Discussion and possible action to rezone lands at the northwest corner of McNab Road and NW 80 Avenue from B-6 (Business District) to B--1 (Neighborhood Business District). First Reading. a) Acceptance of Affidavit of Publication, Affidavit of Mailing and Affidavit of Posting. b) Consideration of application. SYNOPSIS OF ACTION: Public Hearing a) ACCEPTED Affidavits of Publicaton, and Mailing. b) APPROVED Temp._ O-r_#1173 on first 11 Posting reading. a) Mr. Henning read TgMp..Ord. #1173 _by title. 29 3/13/85 /pm Mayor Kravitz asked the Assistant City Clerk if the Affidavits have been received and she said yes. C/M Munitz MOVED ACCEPTANCE of Affidavits of Publicaton, Posting and Mailing, SECONDED by C/M Bernstein. VOTE: ALLYVOTEDL= b) Mr. Rubin said this parcel of land is located in Land Section 4 and, approximately 6 months ago, the applicant submitted a con- cept plan to the City, was reviewed by the Planning Commission and Council and it was agreed that a Stipulation would be pre- pared by the applicant limiting the uses to those of offices on the second floor,.retail,�on the first floor without convenience stores, and that he agreed to comply with all City Ordinances other.than the angle parking Ordinance. He said those items will be included in a Stipulation, recorded in the courts and, one of the conditions was that the applicant would rezone the property to the City's B-1 so there would be no future confusion concern- ing what zoning requirements would be applicable to the property. Mayor Kravitz opened and closed the public hearing with no re- sponse. V/M Stein MOVED APPROVAL of Temp r on first reading, SECONDED by C/M Munitz. 25. - Discussion and possible action on a request for special exception to permit a Laundromat in Bay 3 of Building C at Lakeside Plaza, 5429 N. State Road 7, which is zoned B-2 (Planned Business). Public Hearing was held. TABLED for more information from the City Engineering Department. Mr. Henning read by title. Mr. Rubin said the applicant was advised when he purchased a building permit that a laundromat required a Special Exception by City Code. He said this was reviewed by the Planning Commission and they recommend approval. Mayor Kravitz opened the public hearing. Dr. Bernard Newman, resident, said that the effluent created by this laundromat will put an additional load on the treatment plant unless the laundro- mat puts in a preliminary treatment system to treat the effluent before it gets into the treatment plant. Mayor Kravitz closed the public hearing. C/M Stelzer asked Mr. Rubin if this laundromat would be any more trouble than if the same number of washing machines were put into private homes and Mr. Rubin said the applicant stated that these were residential washers and dryers. Robert Elkins, representa- tive of the distributor for Maytag in Florida, said the Engineer- ing Department has reviewed the discharge and they will be put- ting in a lint trap as well. He said the equipment is the same as used in vending operations in apartments and condominiums. Mayor Kravitz asked how many times a day a private washer might be used in comparison with a laundromat and Mr. Elkins said the average coin laundry is used 6 cycles per day per machine or 156 cycles per day. He said an average apartment it would depend on how many individuals live there and whether there are children or not. C/M Bernstein asked what problems there might be with parking and Mr. Elkins said there will be no problems with park- ing since this is a shopping center. 30 3/13/85 /pm • CI C: G C] Mr. Gottesman said there could be many more people using the laundromat than just the nearby residents and Mr. Henning said the engineers should answer these questions. He said they pay a fee for every load run when the fresh water goes in and the wastewater that goes out. He said if they use the machines twice as much, the City will receive twice as much revenue for the effluent. Mr. Henning explained to Mr. Greenwood, utilities Director/City Engineer, that there is a request before Council for a Special Exception to permit a laundromat in a B-2 zoned shopping center on 441. He asked if the City is prepared to treat the wastewater from these washing machines and if there is any special equipment that laundromats use as a preliminary filter to treat wastewater. Mr. Greenwood said the detergents being generated by 26 commer- cial -type machines would not have an impact on the existing sewage treatment plant. He said concerning hydraulic loading, before a final decision could be made on that, the actual flows within the sewer they would be connecting to would have to be evaluated. He said those requirements are not only the City's but when applying for a connection with the State and County that is the provision for those permits. C/M Stelzer MOVED APPROVAL of Mayor Kravitz called for a SECOND to the MOTION and, hearing none, the MOTION DIED for lack of a SECOND. C/M Munitz MOVED to TABLE this item for more information from the City Engineering Department, SECONDED by V/M Stein. VOTE: ALL VOTED ME 26. Colony West Associates -ReZ9- Qrd. #11§ - Discussion and possible action to rezone the Shops of Tamarac Shopping Center (platted and site planned as Colony West Shopping Center) (less the lands and buildings owned by Broward County for a Library) from B--1 (Neighborhood Business) to B-2 (Planned Business). Second Reading. a) Acceptance of Affidavit of Publication and Affidavit of Posting. b) Consideration of application. : Public Hearing was held. a) ACCEPTED Affidavits of Publication and Posting. b) TABLED TQmn_ rds_ #17,� on second reading. a) Mr. Henning read I[1p Ord by title. Mayor,Kravitz asked the Assistant City Clerk if the Affidavits of Publication and Posting were received and she said yes. C/M Munitz MOVED ACCEPTANCE of the Affidavits of Publication and Posting, SECONDED by C/M Bernstein. VOTE : ALL vOTED AIE b) Mr. Rubin said the applicant has requested to rezone the last meeting this that site the from B-1 to B-2 and it was noted this site have generally at been community commercial uses, uses on and neighborhood commercial would be 3 acres or less from and the this general site is larger than that and draws retail users community. 31 3/13/85 /pm Mr. Rubin said the Library is a regional type use and the. Planning Commission recommended Denying this. He said staff recommends approval of the rezoning. He said the applicant has agreed to provide more parking spaces and 6 more spaces were approved today. Mr. Henning noted that at Council's last meeting, staff was directed to notify the Director of Broward County Libraries and Carol Barbuto, Assistant City Clerk, notified Cecil Beach, the Director of the Broward County Public Library, dated 3/l/85. Mayor Kravitz opened the public hearing. Mr. Gottesman, Councilman -elect, said the Planning Commission asked the petitioner about the parking situation as a single item and he told them there is sufficient parking. He said he went there and for the last 3 days there has been insufficient parking at that location. He said the petitioner was asked to serve notice on the Library and get their approval since they own approximately 75% of the land and the parking that goes with it. He said the B-2 zoning would allow them to have stores there that could create an even worse parking situation. He suggested this item be Tabled so that the Code Enforcement Officer can investigate this and to receive a reply from the Broward County Library System. Mr. Rubin said at the time of request for an. Occupational Lic- ense, the Zoning Technician reviews the parking requirements for each use. He said he is comfortable that staff would not issue an Occupational License unless the parking spaces were provided on the site as required by Code. C/M Stelzer asked if there is a parking problem when the library is closed. Barry Eden, owner of the property, said one of the problems has been that the American Legion was running a bridge club and they will not be there any longer. Carl Alper, resident, said the condition of the parking is dan- gerous. Mr. Eden said he would work with the City to alleviate some of the problems which may exist. He said they could make the main entrance an "Entrance Only" and use the two other entrances on McNab Rd. as exits. He said it is impossible to create more parking at that location and they have 6 additional spaces which were approved by Council this morning. Alice Norian, resident, said regardless of the use at that area, there will be a parking problem. V/M Stein closed the public hearing with no further response. C/M Bernstein MOVED to TABLE this item pending resolution of the parking problem. SECONDED by C/M Munitz. VQTE C/M Bernstein Aye C/M Munitz Aye C/M Stelzer Aye V/M Stein Aye Mayor Kravitz Absent V/M Stein called a 5 minute recess. 32 3/13/85 /pm r1 t 2. Planning Commission - Discussion and possible action on: a) Hearing to remove Larry Bender for cause as a member of this committee (tabled from 2/13/85). b) Announcement of a vacancy on this Commission for Arthur Gottesman's seat due to election results. ,S,YNOPS I S OF ACM ON : a) REMOVED from the agenda and charges were dropped. b) Agendized by Consent. (See Page 2) Announcement was made and interested parties urged to get applications from the City Clerk's office. a) Mayor Kravitz said he requested a recess in order for the attor- neys representing the City and Mr. Bender to meet and come to some conclusion. Mr. Henning introduced himself for the record as the City Attor- ney of Tamarac and he indicated that, as legal counsel for the City Council, there is Chris Carsky of the law firm of Alan Ruf to advise Council of any legal questions which might arise. He said he believes either Mr. Bender or his attorney has a state- ment to make. Mr. Schiff said for the record that Mr. Bender's attorney fees be placed upon the Council agenda at the next regularly scheduled meeting. Mr. Henning said this was discussed in the past but he did not make any concessions and there is nothing to stop Mr. Schiff from writing a letter to the Mayor and asking that this be agendized. Larry Bender said his statement is addressed to the Tamarac City Tape 7 Council. "Gentlemen: I regret that the attempt to seek my remov- al from the Tamarac Planning Commission has reached its present proportions. I never had the intention of acting improperly. As a member of the Woodmont Country Club Board of Directors, I was aware that Philip Kravitz had received a complimentary membership through the Country Club for the past two years. I did not feel that continuing such a membership for the Mayor would have caused such a problem." 0- I V/M Stein read his statement, "For the betterment of harmony in City Hall and the community of Woodmont, I hereby accept this statement of Larry Bender as sufficient cause to discontinue this matter and call this matter closed for all intents and purposes. I ask that a member of the Council please make a Motion to remove this matter from the agenda and, in light of this letter, further Move that such charges be dropped." V/M Stein so MOVED, SECONDED by C/M Bernstein. Mr. Henning said he has no comments on the merits however, many hours of preparation have gone into the case and, the City is trying to allocate the sources in the area which priorities demand. C/M Bernstein Aye C/M Munitz Aye C/M Stelzer Nay V/M Stein Aye Mayor Kravitz Aye of this case, both sides of time and re- Mayor Kravitz recessed the meeting until 5:05 P.M. 33 3/13/85 /pm Mayor Kravitz called the meeting to order at 5:05 P.M. and all were present. 44. Zoning Regulatigak - -- Discussion and possible action to amend Section 28-1 of the Code to add the Florida Statute definitions of "Special Exception" and "Var- iance" and to amend. Section 28-194(d) by substituting "Vari- ance" for "Special Exception". Second Reading. SYNQPSIS OF ACTION: Public Hearing was held. TABLED on second reading. Mr. Henning read by title. Mr. Henning said in drafting this Ordinance, he added the Statu- tory definitions from the Florida Statutes defining a "Variance" and a "Special Exception" so that they may be codified. He said there is an editorial change in that Section which states that there are certain height requirements for fences and hedges and the Board of Adjustment is authorized to consider changes from those specifications. He said that was referenced as a "Special Exception" but would really be a "Variance" and an appeal to the Board of Adjustment to revise the height of a fence or a hedge was renamed "Variance" instead of "Special Exception". Mayor Kravitz opened the public hearing. Vickie Beech, resident, asked what initiated this action and Mr. Henning read the definitions into the record: " is a use that would not be appropriate gener- ally or without restriction throughout the particular zoning district or classification but which, if controlled as to number, area, location or relation to the neighborhood, would not adver- sely affect the public health, safety, comfort, good order, appearance, convenience, morals and the general welfare." Mr. Henning said in Tamarac, there are commercial uses for Spe- cial Exceptions, typically, restaurants, delicatessans, gas stations, dry cleaning establishments, etc. He said the City has recently added a residential use for a Special Exception, which is the four-story apartment buildings and this is probably why the Planning Commission Tabled this Ordinance at their last meeting. He said it is a zoning type of hearing and is a deter- mination that under limited circumstances land can be used for a particular purpose. "YAlUance is a modification of the zoning Ordinance regulations when such Variance will not be contrary to the public interest and when, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the Ordinance would result in unnecessary and undue hardship. A Variance is authorized only for height, area and size of structures or size of yards and open spaces. Establishment or expansion of a use otherwise prohibited, shall not be allowed by Variance, nor shall a Variance be granted because of the presence of a non -conformity in the zoning district or classification or an adjoining zoning district or classification." 34 3/13/85 /pm I • V 11J Mr. Henning said a "Special Exception" is a petition before the Planning Commission, which is advisory and then the final hearing is before the City Council. He said a "Variance" is a hearing that is only before the Board of Adjustment with appeals to the Circuit Court and the City Council does not get involved in that. Helen Massaro, Councilwoman -elect, said the Planning Commission is correct in asking for Tabling of this Ordinance because the definitions that Mr. Henning just referred to need review. Arthur Gottesman said this should be reviewed further. Mayor Kravitz closed the public hearing with no further response. V/M Stein MOVED to TABLE Temp. Ord._t1QD4, SECONDED by C/M Munitz. C/M Bernstein Aye C/M Munitz Aye C/M Stelzer Nay V/M Stein Aye Mayor Kravitz Aye 45. - - Temp_,Ord. #1022 - Discussion and possible action to amend the off --street park- ing requirements in Code Section 18-5(12) for clubs, commun- ity spas, and in Section 18-5(41-b) for multiple -family dwellings (three or more units). Second Reading. SYNOPSIB_ OF-AL21OH: Public Hearing was held. Temp. Ord, 41022 was APPROVED as revised 3/13/85, on ORDINANCE NO. 0-85-4 PASSED. second and final reading. Mr. Henning read Temp. Ord_._IlD22 by title. Mr. Henning said this Ordinance has two parts, affecting com- mercial spa area since additional parking is needed at some health clubs and this would require additional parking spaces because of the recreational area used in these commercial spas. He said Page 2 concerns an amendment to the multi -family, basi- cally, the apartment use, parking spaces required. He said it slightly increases the number of parking spaces needed for every- thing from efficiences to three or more bedrooms. He said this is as a result of studies by the Consultant City Planner. Mr. Rubin said the Planning Commission reviewed this Ordinance at their last meeting and recommend approval. He said staff asked Council at the last meeting if the effective date on this Ordin- ance should be immediately or at some future date because there are several projects in --house that are multi -family projects and they are abiding by the City's present Code and they would have to redesign their site plans to be consistent with this new Ordinance. He said his office advised those applicants to be present tonight if they wanted to express concerns. He said the Planning Commission recommended that this Ordinance become effec- tive immediately. Mr. Henning said he thought at the last Public Hearing that he was to work on "effective date" language. He said he has a proposed paragraph which states, "This Ordinance shall be effec- tive immediately for all developments that have not yet submitted a concept site plan for staff review to the City. Of those concept site plans already submitted for such staff review, this Ordinance shall not apply if the final site plan approval is obtained from the City Council by September 25, 1985." He said this would give those applicants who have submitted plans 6 months to get them through the City procedure. 35 3/13/85 /pm Mayor Kravitz opened the public hearing. Arthur Gottesman said this Ordinance has been on record since 1982 and he suggested the effective date be when this is approved. Helen Massaro asked if the City has any project in-house that has more than one phase. Mr. Rubin said there are several projects that are very large and each site plan is different and the next one they bring in would be treated differently. Mr. Rubin said there is only one project that he is aware of that is considering phasing and that is called Sawgrass Island Club and the applicant was alerted that they would be under this new Ordinance. Mrs. Massaro noted that if there are any projects that are being phased, they could very well not be able to proceed with the next phase with the need for additional parking and the required setbacks. Mr. Henning asked Mr. Rubin how many concept site plans are presently in-house and Mr. Rubin said three or four. Mr. Rubin said the only problem he foresees would be if a site plan is approved, they have not built for a year and they come in for renewal. He said there will be a question on those site plans whether they abide by the parking at the time they were originally approved or by this new standard. Mayor Kravitz closed the public hearing with no further response. V/M Stein MOVED APPROVAL of on second and final reading, giving those people who have concept site plans in-house six months to perfect those site plans and, if they do not, they would come under this new Ordinance. SECONDED by C/M Munitz. C/M Bernstein Nay C/M Munitz Aye C/M Stelzer Aye V/M Stein Aye Mayor Kravitz Aye 46. Subdivision Improvements - - Discussion and possible action to amend Section 24--10, 24-30, 24-32, 24-33 and 24-34 of the Code pertaining to construction of canal and lake side slopes. Second Reading. h9XNUSIS 0,,kACTION: Public Hearing was held and Temp, Ord. 11114 was APPROVED on second and final reading with the amendment by the City ORDINANCE NO. 0-85--5 PASSED. Attorney as stated in Section 8 of the 3/13/85 revision of the Ordinance with the 3/6/85.sketch. Mr. Henning read 1&=,- Ord. #11„14 by title. Mr. Henning said this could be effective immediately or he sug- gested alternative language, "This Ordinance shall become effec- tive immediately on all developments that do not have final site plan approval upon its final passage. Developments which have received final site plan approval before March 13, 1985, may elect to use the standards included in this amendment rather than the provisions of the City Code regarding canal bank slopes that was in effect. at the time of site plan approval provided that an amended site plan is submitted in accordance with Chapter 7 of this Code and approved by the City Council." 36 3/13/85 /pm It LJ Mayor Kravitz opened the public hearing. Morris Haber, Charter Board member, asked if Council should not consider some safety measure at the point of decline of canal slopes. Arthur Gottesman asked about those developments that have been finished some time ago, who would pay for these safety improve- ments and, if not, would it fall to the City to pay for the safety precautions. Helen Massaro said she has been trying to see a corrected sketch of this and she asked how many Council members have had a chance to review this. She said this differs from the sketch made before and she questioned whether the set back that the South Florida water Management District requires would include the slope. She said this needs careful evaluation. Mrs. Massaro said she is not sure if this Ordinance addresses both the C-13 and C-14 canals properly and she requested Council Table this today. Robert Huebner, attorney for Lake Colony (Brookwood Gardens), said he would urge the support of this Ordinance and he ques- tioned whether their project would have to come before Council again.. Mr. Henning said that would depend on what the site plan shows. Mr. Rubin said the wording in Chapter 7 states that if the change does not affect parking circulation or building cover- age, the approval would go from staff to the City Council. Mayor Kravitz closed the public hearing with no further response. V/M Stein said the Planning Commission has approved this after much discussion and review and he MOVED APPROVAL of Temn. Ord_ 11111 on second and final reading with the amendment by the City Attorney as stated in Section 8 of the 3/13/85 revision of the Ordinance with the 3/6/85 sketch. SECONDED by C/M Stelzer. 47• Zoning Regulatigng - - Discussion and possible action to amend Section 28-27.2 of the Code, "Table of Miscellaneous Residential Zoning District Requirements", by amending the minimum net floor area for multi -family residential districts. Second Reading. SYNOPSlgOF A T� TION: Public Hearing was held. TABLED on second reading. Mr. Henning read Temp, or 41159 by title. Mr. Henning said this Ordinance affects all multi -family residen- tial dwelling units in Tamarac. Mr. Rubin said at the last meeting, he indicated to Council that staff reviewed the various multiple -family projects that have been approved by the City over the last several years and also compared the multiple -family minimum floor area requirements of various cities surrounding Tamarac. He said he has proposed specific minimum square footage increases to each multiple -family district. He said at staff's request, the Planning Commission assigned an ad hoc committee to review staff's numbers and, at a special meeting that they held, they arrived at numbers increasing the minimum square footage greater than the staff's numbers. Mr. Rubin said the - h numbers which staff had proposed are reason- able and he believes are legally defensible. He said the Plan- ning Commission numbers might reflect the current size of homes being built in the City but he does not believe they reflect the minimum size homes that should be constructed in the City. He said the Planning Commission feels their numbers are proper and they are asking the Council to incorporate their numbers into this Ordinance. He said he feels it is unfortunate that the developers that have in-house projects did not choose to attend todays meeting. 37 3/13/85 �.:� V/M Stein asked Mr. Rubin to List the staff's recommended minimum square footage and Mr. Rubin noted the following: Pgesent., ,lama r ac CQde Efficiency - 400 sq. ft. One -Bedroom -- 500 sq. ft. Two -Bedrooms - 600 sq. ft. Three -Bedrooms - 800 sq. ft. Be.commenLJat,iQns of STAFF AD HOC COMMITTEE 500 sq. ft. 600 sq. ft. 800 sq. ft. 950 sq. ft. 600 sq. ft. 800 sq. ft. 1100 sq. ft. 1300 sq. ft. Tape 8 Mayor Kravitz opened and closed the public hearing with no re- sponse. C/M Stelzer read a portion of Mr. Henning's memo to Council in which he stated that he believes from a legal standpoint that the subject is best left to the South Florida Building Code, private Deed Restrictions and a competitive South Florida housing market place. He said he feels Council should listen to the City Attor- ney and he MOVED to DENY Mayor Kravitz called for a SECOND and, hearing none, the MOTION DIED for lack of a SECOND. C/M Bernstein asked Mr. Henning if the City were to adopt staff's recommendations, would the City have a defensible position in court. Mr. Henning said Council should not be intimidated by threats, however, when this Ordinance is passed, the City will be sued. He said Margate is in Federal Court now on the same issue and if the Council adopts the staff numbers, the City will be in a better position. He said this will create litigation and may not solve the problem because of the court orders with Leadership Housing. He recommended Council\Table this item. Mr. Rubin said he would feel comfortable if Council followed the City Attorney's suggestion with the proviso that staff study the other areas involved. Mr. Henning said it should be noted to all developers that the City is considering increasing the square footage. V/M Stein MOVED to TABLE , SECONDED by C/M Munitz. VOTE: C/M Bernstein C/M Munitz C/M Stelzer V/M Stein Mayor Kravitz Nay Aye Aye Aye Aye F�] • 38 3/13/85 V /pm 48. - - Discussion and possible action to create Article XVIII in Chapter 28 of the Code to establish a B-7 Business/Hotel District. Second Reading. SYNOPSIS OF -ACTION: Public Hearing was held. TABLED for consideration by the new City Council. • I r� Mr. Henning read Temp.. -Ord, #.1163 by title. Mr. Henning said this Ordinance creates a B-7 Business/Hotel zoning district in the City which does not exist presently. He said there are several locations where this would apply if approved and there have been discussions about the Sabal Palm Golf Course but this is not a rezoning for Sabal Palm Golf Course. He said if Council chooses to consider this, there must be some guidelines, height, setback and use restrictions, etc* and that is what this Ordinance addresses. Mr. Henning said since the last meeting, he was asked to address traffic studies and he has some language concerning that if Council wishes to entertain that. Mayor Kravitz said Council has received several sheets signed by the residents in reference to this Ordinance and the original petitions were given to the City Clerk. C/M Stelzer noted that the opening paragraph of the petition reads, "We, the undersigned residents of Tamarac, hereby express our opposition to the proposed Ordinance Temporary #1163, and plan of the Oxford Development Enterprises for the develop- ment of the Sabal Palm Golf Course." C/M Stelzer noted that Temp, Ord,._#1163 has nothing to do with development of the golf course or the Oxford Development Enterprises and he felt the petitions have nothing to do with the Ordinance. Mayor Kravitz said the petition stated that the undersigned residents are opposed to the Ordinance as well and he opened the public hearing. V/M Stein said the Council should go on record as stating that this situation is under a court order and the Council and Planning Commission have nothing to do with it. He said there is nothing to discuss concerning the 375 units. Arthur Gottesman said Council had a public hearing and approved this Ordinance on first reading prior to the hearing held by the Planning Commission. He said the Planning Commission discussed this Ordinance which was written by the developer who said they would erect a 5-story office building and a 5-story hotel. Mr. Gottesman said this project would cause excessive traffic problems, pollute the air, create need for more roads, and the people felt it is not necessary in Tamarac. He said at the Council meeting where this was discussed prior to the Planning Commission meeting, the developer stated that he would bring a letter disclaiming any vested rights should this Ordinance be passed. He said the Planning Commission never saw such a letter. Mr. Gottesman noted that the Planning Commission Denied this Ordinance. Murray Weiner, resident, urged people not to listen to the 600 people who signed the petition but, rather, to all the residents of Tamarac who do not want this hotel in Tamarac. Vickie Beech, resident, asked what the urgency is to proceed with this Ordinance. Morton Smith, resident, said before this Ordinance is passed, the developer should stipulate that there will not be subsidized housing. James Moore, resident, asked if there is anything stipulated that the developer must seek low rental housing. 3/13/85 \ / /pm 39 Mr. Henning said on a different development in Tamarac, the Broward County Public Housing Finance Authority approved the financing for Tamarac Pointe with restrictions against children. He said this is a compromise and they are considering approving "Adults Only". He said this discussion is mainly to determine if Council is interested in the concept of a hotel in the City. Charles Ellner, resident, asked why a hotel is needed in Tam- arac. Mr. Henning noted that there are no applications for a hotel in-house presently. Bill Grotski, resident of Bermuda. Club, asked what refinements of this Ordinance Mr. Henning was referring to and Mr. Henning said the maximum lot coverage, whether it should be 35, 40 or 50% of the lot involved, the list of mixed uses, whether there would be any combination of two uses allowed, hotels, office buildings, banking, retail, golf and recreational, etc. or require that there be a hotel along with any one of those uses. Harry Apone, resident of Section 6, asked Mr. Henning what assurance the people have that they will not build homes on the golf course in 1988. Shirley Blumfield, resident, admonished the people for their behavior and personal attacks on the Council and the staff. Russ Fox, resident of Section 6, agreed with Mrs. Blumfield and said the Council and staff should not be attacked. He said he understands that this Ordinance was passed by the Council on first reading allowing them to construct a 5- story structure. Mr. Henning said there was a question on how many feet comprises 5-stories. He said presently Tamarac allows 50-foot commercial buildings. Mrs. Massaro asked what the Ordinance states and Mr. Henning said the Ordinance states 75-feet. Mr. Fox said the City could be assured of saving the golf course if this Ordinance was s passed. Alice Norian, resident, asked if the discussion'---- concerns an Ordinance written by the developers and Mr. Henning said the first draft came from the developers request, however, it was redrafted several times by the City. He said the fact is there is a document to be considered, if it does not state what the residents want, it can be changed. Mrs. Norian said if the developer wrote the Ordinance, they wrote it in their interest and Mr. Henning pointed out that the City redrafted it for the City's interest. Mrs. Norian suggested this issue be put to a referendum. Bill Kraus, resident of Section 6, said there were 2 votes per house on the petition they submitted. Virginia Taylor, resi- Tape 9 dent of Section 7, said she had a petition from her area of 290 residents who object to this hotel. Helen Massaro, Councilwoman -elect, said Council is considering on second read- ing an Ordinance which will have a major impact on the develop- ment in Tamarac. She said the Planning Commission Denied this Ordinance which was written to fit the Sabal Palm project and is not written to protect the public in general. She said there are no guidelines in this Ordinance and there are inadequate setbacks. She said no other category allows for 50% coverage of the plot, yet this, a 7-story building, which is non-existent in the City, allows for it. She said this would cheat the people of air, light, and the aesthetic quality of grass, trees, etc. Mrs. Massaro said she would rather see a home next to her than lose a life because the guidelines have not been properly set to protect the people because of hazardous road conditions. She said she would sacrifice the $3,500.00 that she paid for her golf course home in order to avoid overcrowded roads. She said historically, the City Councils of Tamarac have resisted any attempts to have high-rise developments. She said people do not want this. • 40 3/13/85 /Pm • I f 0 Mrs. Massaro said this Council is sitting today as a lame -duck Council and she believed one of the major contributing factors of that status comes from Council's support of this Ordinance. She said someday a hotel might be appropriate in the City but the guidelines should prevent it from being put where it would cause a dangerous traffic condition. She said if Council votes to approve this Ordinance, she will do everything in her power to bring about an early reconsideration, review and rejection of this legislation when the new Council is convened next week. She advised and admonished those developers who may be temporarily elated by the possible adoption of this Ordinance that they should not attempt to interpret such adoption as a right to go forward with any activities and furtherance of any such construction projects. She said any such attempts at this time may be interpreted as an attempt to thwart the will of the majority of the citizens of Tamarac. Mrs. Massaro said she hopes the Council will either reject the Ordinance in its present form, taking into account the voice of the people, or to Table this matter until the new City Council has an opportunity to review it carefully and put proper guide- lines in it. Mayor Kravitz closed the public hearing with no further response. V/M Stein noted that the City has nothing to do with the zoning for the apartments. He MOVED to TABLE d. #llfd for consideration by the new Council, SECONDED by C/M Munitz. VOTE: C/M Bernstein Aye C/M Munitz Aye C/M Stelzer Nay V/M Stein Aye Mayor Kravitz Aye Mayor Kravitz adjourned the meeting at 6:45 P.M. ATTEST: MAYOR A SISTANT CITY CLERK This public document was promulgated at a cost of $253.76 or $7.04 per copy to inform the general public and public officers about recent opinions and considerations by the Council of the City of Tamarac. v/ 41 3/13/85 /pm r r. F rT" rn 4, '*9 4 1> 4 ATTACHMENT 1 - 3/13/85 Council Meeting Item 15 - Land Section 7 Page 1 of 2 FORM 4 MEMORANDUM OF VOTING CONFLICT LAST NAME -FIRST NAME -MIDDLE NAME ' ING ADDRESS CITY COUNTY DATE ON WHICH VOTE OCCURRED 31 )3 g NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE THE BOARD, COUNCIL, COMMISSION. AUTHORITY. OR COMMITTEE ON WHICH 1 SERVE IS A UNIT OF: CITY 0 COUNTY O OTHER LOCAL AGENCY a STATE NAME OF POLITICAL SUBDIVISION OR STATE AGENCY WHO MUST FILE FORM 4 7 4-C This form is for use by any person serving on either an appointed or elected board, council, commission, authority, or committee, whether state or local, and it applies equally to members of advisory and non -advisory bodies who are faced with a voting conflict of interest. As the voting conflict requirements for public officers at the local level differ from the requirements for state officers, this form is divided into two parts: PART A is for use by persons serving on local boards (municipal, county, special tax districts, etc.), while PART 8 is prescribed for all other boards, i.e., those at the state level. PART C of the form contains instructions as to when and where this form must be filed. PART A VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS (Required by Section 112.31430), Florida Statutes (Supp. 1984).] The Code of Ethics for Public Officers and Employees PROHIBITS each municipal, county, and other local public officer FROM VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting in his official capacity upon any measure which inures to the special gain of any principal (other than a government agency as defined in Section 112.312(2), Florida Statutes) by whom he is retained. In any such case a local public officer must disclose the conflict: (a) PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of his interest in the matter on which he is abstaining from voting; and (b) WITHIN 15 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below. NOTE: Commissioners of a Community Redevelopment Agency created or designated pursuant to Section 163,356 or Section 163.357, Florida Statutes (Supp. 1964), or officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting. In such cases, however, the oral and written disclosure of this part must be made. .3//_3� I, the undersigned local public officer, hereby disclose that on • 19 f 1 abstained from voting on a matter which (check one): P,.SS/L Y inured to my special private gain; or inured to the special gain of , by whom 1 am retained. PAGE I E FORM 4. REV. I0-94 ATTACHMENT 1 - Page 2 of 2 - Item 15 on 3/13/85 Council Agenda - Land Section 7 (b) The measure on which I abstained and the nature of my interest in the measure is as follows: / of �'✓� "r 0 W /V � /= Z I iY Q / iU ..S G�"/y R /sue �/= lj,14L U' of W /)/c"h R-'4 P' >r3� � '4 PY 4'1�1 W'ra- y / DateFiled U Signature Please see PART C for instructions on when and where to file this form. PART VOTING CONFLICT DISCLOSURE FOR STATE OFFICERS [Required by Section 112.3143(2), Florida Statutes (Supp. 1984).] Each state public officer is permitted to vote in his official capacity on any matter. However, any state officer who votes in his official capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required to disclose the nature of his interest as a public record in Part B below within 15 days after the vote occurs. . 1, the undersigned officer of a state agency, hereby disclose that on , 119 (a) I voted on a matter which (check one): inured to my special private gain; or inured to the special gain of , by whom I am retained. (b) The measure on which 1 voted and the nature of my interest in the measure is as follows: Date Filed Signature Please see PART C below for instructions on when and where to file this form, PART C FILING INSTRUCTIONS This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be filed merely to indicate the absence of a voting confect. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES4112.317(1993), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION. REDUCTION IN SALARY, REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED MOW. :E FORM 4- REV. 1044 PAGE 2