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