HomeMy WebLinkAbout1980-03-26 - City Commission Regular Meeting MinutesIT
�13
- �Op1�' _-_---
P. O. BOX 2Sol 0
-TAMARAC, FLORIDA 33320
CITY OF TAMARAC, FLORIDA
CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, MARCH 26, 1980
CALL TO ORDER: 9:30 A.M.
ANNOUNCEMENT OF TIME ALLOCATIONS - MOTIONS TO TABLE - The
Chair at this time, will announce those items which have been
given a specific time to be heard, and will entertain motions
from Council members to table those items which require addi-
tional research. Council may agendize by majority consent,
matters of an urgent nature which have come to Council's
attention after publication of this agenda.
TAMARAC UTILITIES - WEST
1. Status Report - Operations - Discussion and possible
action.
2. Developers' Agreements - Discussion and possible action
to authorize execution of certain water and sewer agree-
ments.
PRESENTATIONS/AWARDS
Student Government Dav - Tamarac Elementary School
3. Presentation of Student Elected Officials by Mayor Falck.
4. Swearing -In of Student Elected Officials by City Manager,
Edward A. Gross.
5. Recognition of Vivian Brown, Principal of Tamarac
Elementary School.
6. Presentation by City Manager, Edward A. Gross, to
Milton Stocker, Retired Tamarac Chief of Police.
7. Employee Service Award - Presentation of a Five -Year Pin
to Eric Wessel, Fire Department.
8. Boards and Committees - Announcement of expiration of
terms of office for positions on the following Committees.
Beautification Committee
Planning Commission
Consumer Affairs
Public Information Committee
FIRST CLASS MAIL
- April 9th - 9 positions
- April 15th- 1 position
- May 15th - 3 positions
- May llth -12 positions
May 11th - 6 positions
(3/26-pgs.2,3)
(3/26-pg.3)No
action.
(3/26-pg•6)
(3/26-pg.7)
(3/26-pg.7)
(3/26-Pg.7)
(3/26-pg.7)
(3/26-pg.3)
Social Services
Code Advisory Committee
Citizens Advisory Committee
of Community Development
Block Grant Program
- May 11 th --
- May 11 th --
- May llth -
3 positions
5 positions
3 positions
9. Broward Lea ue of Cities - Presentation by Coral Springs
Mayor Ben Geiger, President of the League, who will discuss
the accomplishments, goals and advantages of membership
to the Broward League of Cities.
10. Consent Agenda - Items listed under Item #10, Consent
Agenda are veiwed to be routine and the recommendation will
be enacted by one motion in the form listed below. There
will be no separate discussion of these items. If discus-
sion is desired, then the item(s) will be removed from the
Consent Agenda, and will be considered separately.
a) Minutes of 2/27/80 - Regular Meeting - Approval recom-
mended by City Clerk.
b) Minutes of 2/27/80 - Evening - Joint Council - Planning
Commission - Public Hearing - Comprehensive Plan - Ap-
proval recommended by City Clerk.
c) Minutes of 2/29/80 - Reconvened Regular Meeting - Ap-
proval recommended by City Clerk.
d) Minutes of 3/6/80 -- Reconvened Regular Meeting - Approv
recommended by City Clerk.
e) Minutes of 3/18/80 - Reconvened Regular Meeting -
Approval recommended by City Clerk.
f) Alan F. Ruf - Consulting City Attorney - 3/20/80 -
$1200.00 - Approval recommended by City Attorney.
g) Williams, Hatfield & Stoner - Consulting Engineer -
3/4/80 -- $100.00 - Account #1-155-515-310 - Approval
recommended by City Engineer.
PAGE TWO.
(3/26-pgs.17-
19)
(3/26-pgs.3,4)
i ) thru e ) Appd .
j) Appd.sep-
irately
) and h)
Zemoved & then
�Ppd .
(3/26-pg.8)
kopd.
(3/26-pg.4)
kund.
h) Baker Marine, Inc. - Cypress Creek Commons - 3/14/80 - (3/31-pgs.12,
$2,810.00 balance. Approval recommended by City Planner.13)Payment Appc
LEGAL AFFAIRS
11. Tamarac Shopping Plaza - (Stonehaven) - Discussion and (3/26-pgs.22,
possible action concerning approved site plans for parking
3)Exten.to not
at this shopping center on the northeast corner of Univer- exceed 2 mos.
sity Drive and 57th Street. BLD.to 4/23
12. Monroe Garfinkel - Petition #3-Z-80 - Discussion and pos-
sible action to approve a request for a limited waiver of
the parking requirements by Temp. Reso. #1566. (Public
Hearing held 3/12/80).
( 3/26- pgs. 27, 2E
2eso.not adptd.
waiver appd.
with cond.
13. Business Uses - Special Exceptions - Temp. Ord. #710 - (3/26-pgs.23-
Amending Code Chapter 28 by requiring certain businesses in 7)
a B-1 Zoning District be permitted by Special Exception.
Discussion and possible action. First Reading.
14. Handicap Parkiag Requirements - Temp. Ord. V30 - Amending (3/26-pg.5)
Code Section 18-7 by modifying the depth of these spaces, kppd. on 1st
and reducing the required number, etc. Discussion and pos- Rdg.
sible action. First Reading.
15. Site Plan Review Fees - Temp. Ord. #739 - Amending Code (3/26-pg.5)
Section 7-8.4 by providing that these fees be set by Resolu ppd. on lst
tion. Discussion and possible action. First Reading. tdg.
L
PAGE THREE.
16. Broward County Agreement for E.M.S. Unit - Temp.Reso.#1575 (3/26-pg.5)
Discussion and possible action to extend this agreement for RESO.80-87
one year to maintain an E.M.S. unit in Tamarac.
PUBLIC HEARINGS - 2:00 P.M.
17. Coral Ridge Presbyterian Church- Petition #4--Z-80 Discussio (3/26-pg.19)
and possible action to approve a rezoning request from B--1 RESO.80-36
to R-3U by Temp. Ord. #733 - Second Reading - (located on
the south side of 77th Street - 400 feet east of University
Drive, extending 396 feet eastward).
18. city of Tamarac - Petition #5--Z-80 - Discussion and possibl (3/26-pg.20)
action to approve a rezoning from B-2 to R-4A on Parcels C ORD.80-37
and D - Land Section 3 east of Family Mart - pursuant to
the Land Use Element of the Comprehensive Plan - Temp. Ord.
#734 -Second Reading.
19. City of Tamarac - Petition #6-Z-80 - Discussion and possibl (3/26-pg.20)
action to approve a rezoning from B-2 to R-3U on Parcel F, ORD.80-38
Land Section 3 - 550 feet north of McNab Road, 650 feet east
of University Drive, pursuant to the Land Use Element of th
Comprehensive Plan - Temp. Ord. #735 - Second Reading.
20. City of Tamarac - Petition #7-Z-80 - Discussion and possibl (3/26-pgs.20,
action to approve a rezoning from A-1 to S-1 21)
on the north side of Southgate Blvd. westward from ORD.80-39
University Drive, pursuant to the Land Use Element of the
Comprehensive Plan - Tema. Ord. #736 - Second Reading.
21. Sign Ordinance Amendment - Temp. Ord.. #738 - Amending Ordi- (3/26-pgs.21,
nance No. 0-80-34 by providing that fees for sign plan 22)
reviews are to be established by Resolution. Discussion an ORD.80-40
possible action. Second Reading.
COMMUNITY DEVELOPMENT
(3/26-pgs.8,9,
22. Spring Lake I - Discussion and possible action on: & 12)
TBLD.to 4/23
a) Hook-up to Westwood 5 drainage outfall.
b) Westwood 5 and 5A augmentation as it relates to Spring
Lake I.
23. Woodmont Country Club - Revised Site Plan - Discussion and (3/26-pgs.13,
possible action to approve a revised site plan for various 14)Appd. with
facilities at the tennis complex. conditions.
24. Exxon Service Station - Discussion and possible action to (3/26-pgs•28--
approve an extension of the approved site plan for this 30) Six mo.
proposed service station to be located on N.W. 88th Avenue exten.to site
and Southgate Boulevard. plan appd.
25. Steak and Ale Restaurant - Warranty Bond Release - Temp. (3/26--pg.6)
Reso. #1577 - Discussion and possible action to release a RESO.80-88
one-year warranty bond. (located on N.W. 64th Avenue, be-
tween Commercial Boulevard and 57th Street).
26. Minnet Property_ - Warranty Bond Release - Temp. Reso. #1576 (3/26-pg.6)
Discussion and possible action to release a one-year RESO.80-89
warranty bond for a water main project at N.W. 37th Avenue
and Commercial Boulevard.
27. Home Construction Guaranty - Performance Bonds - Discus-
sion and possible action on:
a) Temp. Reso.-#1573 - 5301 Woodlands Boulevard
b) Temp. Reso. #1574 - 4905 Woodlands Boulevard
(3/26-pg.13)
RESO.80-90
RESO.80-91
F___1
PAGE FOUR.
28. Drainage Augmentation -- N.W. 88th Avenue - Discussion and (3/26-pg.14)
possible action on drainage system along the east side of
88th Avenue from 57th Street north to the canal.
29. Joseph T. Caporella Park - Improvement Grant - Temp. Reso. (3/26-pg.14)
#1572 - Discussion and possible action to authorize the City ESO.80-86
Manager to apply for funds to develop this park, located
along Prospect Field Road.
GENERAL ADMINISTRATIVE/FINANCIAL
30. Finance Department - Personnel - Discussion and possible ac- (3/26-pg.15)
tion on request to employ one (1) part-time accounting clerk.lAppd.
31. Budget Adjustment - Community Development - Discussion and (3/26-pg.16)
possible action on request to increase the professional ser- Appd.
vices account required for work performed under contract for
the Comprehensive Plan.
32. Bid Award - Police Department - Temp. Reso. #1569 - Discus- (3/26-pgs.16,
sion and possible action to award a bid for one (1) microfil 17)
reader -printer. RESO.80-92
33. Bid Award - Fire Department - Temp. Reso. #1570 - Discussion (3/31-pgs.6,
and possible action to award a bid for furnishings at Fire 7)C.Mgr. auth,
Station #2. to go for
rebid.
34. Bid Award - Fire Department -• Temp. Reso. #1571 - Discussion (3/31-pgs.7,8)
and possible action to award a bid for radio equipment at SO.80-95
Fire Station #2.
35. Bid Award - City Manager -- Insurance Division - Temp. Reso.
#1568 - Discussion and possible action to award a bid for (3/31-pg.9-11)
Comprehensive Business Automobile Insurance. 90 day exten.
policy.
36. Senior Community Service Employment Program - Temp_. Reso. (3/26-pg.17)
#1578 -- Discussion and possible action to authorize executio ESO.80-94
of an agreement for funding of four (4) positions under this
program.
PUBLIC HEARING - March 31, 1980 - 10:00 A.M.
37. Tamarac Utilities - West - Budget 1979/80 Fiscal Year -
(3/31-pgs.3,4)
Temp_. Ord. #740 - Discussion and possible action to adopt a
Appd.on lst
budget for Utilities West - FY 1979/80 - First Reading.
Rdg.
38. Model Sales/Administrative Facilities - Temp. Ord. #718 -
(3/31-pgs.4,
Amending Code Section 28-216 by permitting these facilities
5)TBLD.for
for one residential project to be located at the site of
addtl.input.
another project. Discussion and possible action. Second
Reading.
If Item #38 - Model Sales/Administrative Facilities is
adopted on Second and final reading, the City Council may
consider and take action on the following item:
39. Model Sales/Administrative Facilities Fees - Temp. Reso. #1579-
(3/31-pg.6)
Discussion and possible action to adopt these fees by Resolu-
Tabled
tion.
REPORTS
40. City Council
(3/31-pgs.
41. City Manager
13 -- 15)
42. City Attorney
Copies of legislation to be considered are available for re-
viewing and purchase in the Office of the City Clerk.
CITY OF TAMARAC
MARILYN BERTHOLF,
CITY CLERK
PUBLIC HEARINGS/SPECIAL MEETINGS WORKSHOP MEETINGS
Special Meeting - Monday, March 24, 1980 - 10:00 A.M.
AGENDIZED BY CONSENT
PAGE FIVE.
43.
Wedgewood Project - Completion of improvements under
(3 26-pg.l &30)
Surety Bond
6 wk.extension
granted
44.
Fire Station #2 - Concrete Wall correction- Discussion
(3/26-pg.1 &31)
and possible action.
Apelquist Con.
for $597.00
45.
Establishment of Sign Permit Fees - Tem Reso. #1580 -
(3/26--pg.22)
Discussion and possible action.
RESO.80--93
46.
Fuel Tank Installation at Fire Station #2 - Discussion
(3/31-pg.2'fll,
and possible action.
12)Chnge.Order
Appd. with
Belcher Oil
47.
Repair of Lift Station #16 - Discussion and possible
(3/31-pg.2 &8)
action.
C.Mgr.author.
to purchase 2
submersible
pumps.
C .1
CALL TO ORDER:
Wednesday,
Chambers.
ROLL CALL:
CITY OF TAMARAC, FLORIDA
REGULAR CITY COUNCIL MEETING
MARCH 26, 1980
Mayor Falck called the meeting to order on
March 26, 1980, at 9:30 A.M., in the Council
PRESENT: Mayor W. Falck
V/M H. Massaro
C/W M. Kelch
C/M I. Disraelly
C/M I. Zemel
ALSO PRESENT:
City Manager, E.A.Gross
City Atty., A. Birken
tasst. City Clerk, C. Evans
MEDITATION & PLEDGE OF ALLEGIANCE:
Mayor Falck called or a moment of Silent Meditation .followed
by the Plege of Allegiance.
Mayor Falck welcomed all those present, including staff, members
of the public and press, etc. He said this would be "Student
Government Day" and there would be more discussion ofthat later.
ANNOUNCEMENT OF TIME ALLOCATIONS - MOTION TO TABLE
Mayor Falck gave time al ocations asfollows—:
#9 -- Report from Broward League of Cities - 1:30 P.M.
Public Hearings - 2:00 P.M.
Item #11 - 2:30 P.M.
Item #12 - at approximately 3:00 P.M.
Mayor Falck then stated that the Vice Mayor would not be present
at the reconvened meeting and since she had input to provide on
certain items they would be heard today, and that is, Items #13,
15, 22, 24, 25, 26, 27 and 28. In addition to that, Mayor Falck
added, Items #33 and 35 will be called definitely on Monday as
part of a recessed meeting in order to comply with the advertising
that had already taken place. Items 37,38 and 39 would also be
considered Monday.
V/M Massaro said that late afternoon yesterday she had received
a request from Mr. Hahn, developer of Wedgewood, concerning the
bond that was posted. She would like to have this matter agendized
by majority consent.
43. V/M Massaro MOVED that they AGENDIZE BY MAJORITY CONSENT,
the completion of the improvements under Surety Bond, at Wedgewood
project.
C/W Kelch SECONDED the motion.
VOTE: ALL VOTED AYE.
Mayor Falck said that would be Item #43.
44. V/M Massaro said a correction had to be made to the concrete wall
at Fire Station #2. V/M MOVED that this be AGENDIZED BY MAJORITY
CONSENT.
C/W Kelch SECONDED the motion.
VOTE: ALL VOTED AYE.
Mayor Falck said this would be Item #44.
-1- 3/26/80
tz
Mr. Gross said he would like to have Items 33, 34 and 35 held
over to Monday. Since Mr. Gross had just come in, Mayor Falck
said mention had already been made of Items 33 and 35, but they
would also hold 34 until Monday. Mr. Gross said he would
like to call Council's attention to the problem they are presently
having regarding suppliers who are now balking at supplying bid
bonds. However, he would .further discuss this on Monday.
Mr. Birken said that a time of 2:30 had been given for Item #11.
However, the owner of that Plaza had phoned to say he would
prefer it being called Monday or at the next meeting. Mr. Birken
said he had just given Council backup material on this item.
V/M Massaro said she had been involved in this item and would
respectfully request and MOVE that this be tabled until the
next regular meeting.
C/W Kelch SECONDED the motion.
C/M Disraelly asked if that would be beyond the expiration date
of the Site Plan that is involved? That would require action today
on that Site Plan in order that it not be null and void. Mr. Birken
agreed.
V/M Massaro said she would withdraw
action could be taken before tabling
motion, C/W Kelch agreed.
TAMARAC UTILITIES - West
her motion so that appropriate
this item. The second to the
1. Status Report - Operations - Discussion and possible action.
Synopsis of Action: Report by Mr. Gross
City Eng. pleased with progress made.
No problems in last week's period.
Mr. Gross said at the present time, they are running within capacity
and there had been no problems in last week's period. Some areas of
infiltration have been corrected and the City Engineer is pleased
with progress made. In another two weeks, flow will drop auto-
matically due to the fact that many residents go North for the Summer.
C/M Disraelly asked about status of the video cameras and if addi-
tional infiltration had been cut down with grouting? He also said
the last report said $10,000.00 had been spent out of $52,000.00.
Mr. Gross said they had spent another $2500.00 in the last two weeks.
He added that last week they had cut off approximately another 200,000
gallons of infiltration by grouting and closed off all the lines that
can be closed off without interfering with any residential or comm-
ercial property.
.....Questioned bv._..V/M_Massaro as__to whether City employees are being
used for this work, Mr. Gross said both outside men hired as con-
sultants and City employees are involved as they are training City
employees as to what should be looked for. He added that three
firms will be looking at the equipment and making recommendations
which he will bring back to Council. Mr. Gross said that since the
original breaks, they have not found a tremendous amount of major
breaks, but they had not completed all areas of Sec. 23 in which
he believed they might find at least one or two major breaks.
He said in speaking with the City Engineer and Tony Nolan, they
feel that progress is excellent and therefore, it would be continued
in the same vein.
C/M Disraelly asked about the lines that have been cut off and asked
if repairs will be made there after others have been taken care of.
Mr. Gross said presently there is no reason to repair those areas
as there are no homes or construction taking place. V/M Massaro
asked the City Attorney if any one developer would be responsible
for that area and if someone would be responsible to take care of
grouting or t.v'ing to see if there is infiltration. Mr. Birken
said the lines are the City's but any new lines that have to be con-
structed would be the responsibility of the developer.
IV•N
3/26/80
tz
i
i
V/M Massaro said she is talking of Land Section 7 where there is
no development and no backbone improvements. She said this is all
empty land and they have reason to believe there was extensive infil-
tration there. She asked Mr. Birken to give an opinion later as to
who would be responsible for grouting, etc..
Mayor Falck spoke of reading the newspapers upon his return and com-
mentez! that he felt the press had not given much coverage to the
lifting of the moratorium, saying that it was insignificant in com-
parison to the total effect that has on the life of this City.
A short discussion took place regarding newspaper coverage.
ITEM #2. Developers' Agreements. - Discussion and possible action
to authorize execution of certain water and sewer agreements.
Synopsis o Action:
tion: No action.
Mr. Birken said no action is needed today on this item, as he
has no agreements
ITEM #8. Boards and Committees - Announcement of expiration of
terms of office for positions on the following Committees.
Beautification Committee -
April 9th -
9
positions
Planning Commission
April 15th -
1
position
May
15th -
3
positions
Consumer Affairs
May
llth -
12
positions
Public Information Committee
May
llth -
6
positions
Social Services
May
llth -
3
positions
Code Advisory
May
llth -
5
positions
Citizens Advisory Committee
May
llth -
3
positions
of Community Development
Block Grant Program.
Synopsis of Action: Mayor read each item in order
to give interested persons a chance to apply.
Mayor Falck said the office of the City Clerk has applications
available for those persons who are interested in serving on any
of the Committees he had mentioned. Mayor Falck said that at the
next Council meeting,- he would like.. to discuss the Beautification
LO ittP_ ,
C/M Disraelly said that
woulP..
d be no problem as the City Attorney had advised that ff'new
members are not appointed, the old members are still empowered
to deal with problems. C/M Disraelly said that to those members
of the press who are present, he would appreciate their listing
these openings. C/W Kelch said the Public Information Committee
had inserted such a paragraph in their "Newsletter" and also
given that information to the "Broward Times". She adddd that
at the Public Works Department Fair (to be held in May), the
Public Information Committee and Consumer Affairs Committee have
both taken booths and information will be disseminated regarding
these Committees and applications will be available for the posi-
tions just mentioned. C/W Kelch asked that any people in the
audience also pass this information in their sections.
ITEM #10. Consent Agenda. Items listed under Item #10, Consent
Agenda are 'viewed to be routine and the recommendation will be
enacted by one motion in the form listed below. There will be
no separate discussion of these items. If discussion is desired,
the item or items will be removed from the Consent Agenda, and
will be considered separately.
(a) Minutes of 2/27/80 - Regular Meeting - Approval recommended
by City Clerk.
(b) Minutes of 2/27/80 - Evening - Joint Council - Planning
Commission - Public Hearing - Comprehensive Plan - Approval
recommended by City Clerk.
(c) Minutes of 2/29/80 - Reconvened Regular Meeting - Approval
recommended by City Clerk
1911
3/26/80
tz
(d) Minutes of 3/6/80 - Reconvened Regular Meeting - Approval
recommended by City Clerk
(e) Minutes of 3/18/80 - Reconvened Regular Meeting - Approval
recommended by City Clerk
(f) Alan F. Ruf - Coxisulting City Attorney - 3/20/80 -
$1200.00 - Approval recommended by City Attorney.
(g) Williams, Hatfield & Stoner - Consulting Engineer - 3/4/80
$100.00 - Acct. #1-155-515-310 - Approval recommended by
City Engineer.
(h) Baker Marine, Inc. Cypress Creek Commons - 3/14/80 -
$2810.00 balance. Approval recommended by City Planner.
SYNOPSIS OF ACTION:
Items a, b, c, d & e APPROVED.
Item g - APPROVED SEPARATELY
Items f and h - REMOVED FROM CONSENT AGENDA (Item f-see p.8)
C/M Disraelly said he would ask removal of Item #f as he had not
seen the invoice and the City Clerk's office had indicated that it
is not here. He would therefore MOVE that Items A, b, c, d,
e and g, the Minutes of February 27th (as amended), be APPROVED
and that Item #f be considered when invoice is received, and that
Item h be REMOVED as suggested by the Mayor.
V/M Massaro said that she had a
and would therefore ask that be
C/M Disraelly agreed.
C/W Kelch SECONDED the motion.
VOTE: C/W Kelch
C/M Zemel
C/M Disraelly
V/M Massaro:
Mayor Falck:
MOTION PASSED 4/1
comment to make regarding Item g
REMOVED from the Consent Agenda.
AYE
NAY (as he stated, he was not privy as
to what had taken place).
AYE
AYE
AYE
V/M Massaro said she has no objection to the bill of Williams,
Hatfield & Stoner (item (g)) being paid. However, she would like
the City Manager to discuss with Tony Nolan that any work that
is completed within a given month, have a statement submitted no_..
late'r than the following month, so that they can keep track of it.
V/M Massaro MOVED ACCEPTANCE of Item (g).
C/W Kelch SECONDED the motion.
VOTE: C/W
Kelch:
AYE
C/M
Zemel:
NAY
C/M
Disraelly:
AYE
V/M
Massaro:
AYE
Mayor Falck:
AYE.
Mayor Falck said he woulddiscuss Item #(h) Baker Marine, as he would
like additional comments from the City Manager, anal he notes that
this has been approved by the City Planner.
Mr. Gross said this is the final bill and the contract with Baker
Marine is 100% complete. Questioned by Mayor Falck about the re-
fund, Mr. Gross said it has been applied for but he dial not know
when the refund will be coming in, but that he would check with
Finance also. Originally, they had been informed it would be 30
days after applying. Mayor Falck asked the City Manager to supply
Council with dates when the other reimbursements have been received.
Mr. Gross said that no reimbursements are made until the project is
complete. Questioned by C/M Disraelly as to whether everything has
been paid to Baker Marine except this bill, Mr. Gross answered
affirmatively. He also noted that this has been inspected by
the building officials in the City and the State agencies.
-4- 3/26/80
tz
L
C/M Disraelly suggested that this be held until, Monday and that
a memorandum be sent to Council regarding the inspection of this
project, etc. V/M Massaro agreed, adding they should also show
approval by the South Florida Water Management District.
Mayor Falck said this item would be TABLED by the Chair to give
the City Manager an opportunity to submit additional information.
ITEM #14. Handicap Parking Requirements. - Temp. Ord. #730 -
Amending Code Section 1 -7 by modifying the depth of these spaces,
and reducing the required number, etc. Discussion and possible
action. First Reading.
Synopsis of Action: Temp. Ord. #730 ADOPTED on -
First Reading.
The City Attorney read Temp. Ord. #730 by title only.
C/M Disraellysaid he had requested Mr. Birken to read over and check
this Ordinance, as he felt the present Ordinance is restrictive.
He went on to discuss parking spaces required under the present
Ordinance, stating that the new Ordinance will require less handi-
capped spaces as it has been noted that many handicapped spaces
provided are not being used. He said this is within State Statute
which requires one space for the first 20, and one space for each
80 thereafter.
C/M Disraelly MOVED ACCEPTANCE of Temp. Ord. #730 on First Reading.
C/M Zemel. SECONDED the motion.
VOTE: ALL VOTED AYE.
ITEM #15. Site Plan Review Fees - Temp. Ord. #739 - Amending Code
Section 7-8.4 by providing that these fees be set by Resolu-
tion. Discussion and Possible Action.
Synopsis of Action: Temp. Ord. #739 ADOPTED on
First Reading.
Mr. Birken read Temp. Ord. #739 by title only.
V/M Massaro said that this confirms the procedures the City has
adopted, and would MOVE APPROVAL of Temp. Ord. #739 on First
Reading.
C/W Kelch SECONDED the motion.
VOTE: ALL VOTED AYE.
ITEM #16. Broward County Agreement for E.M.S. Unit - Temp. Reso. #1575.
Discussion and possible action to extend this agreement for one year
to maintain an E.M.S. unit in Tamarac.
Synopsis bf Action: Temp. Reso. #1757 ADOPTED. Reso. # PASSED
Mr. Birken read Temp. Reso. #1575 by title only.
C/M Disraelly said the City had an EMS vehicle in Tamarac with
the assistance of the Broward County Commission, which has now
been replaced with a new vehicle within the last month. They have
been running at least 100 calls a month and Tamarac does need this
EmOrgency Medical Services in the City. C/M Disraelly MOVED
that the Resolution extending the services, be ADOPTED.
C/M Zemel SECONDED the motion.
VOTE: ALL VOTED AYE.
-5-
3/26/80
tz
ITEM #25. Steak and Ale Restaurant - Warranty Bond Release -
Temp. Reso. 77 - Discussion and possible action to release
a one-year warranty bond. (Located on N. W. 64th Avenue, be-
tween Commercial Boulevard and 57th Street)
Synopsis of Action: Temp. Reso. #1577 ADOPTED. RESO. 54PASSED.
Mayor Falck relinquished the Chair temporarily and V/M Massaro
acted as Chairperson.
Mr. Birken read Temp. Reso. #1577 by title only.
C/M Disraelly said this work has been done and approved according
to a report from the City Engineer and he would MOVE that Resolution
#1577, releasing the bond, be ADOPTED.
C/W Kelch SECONDED the motion.
VOTE: ALL VOTED AYE.
ITEM #26. Minnet Proms - Warranty Bard Release - Temp. Reso. #1576_
Discussion and ossible action to release a one-year warranty bond
for a water main project at N.W. 37th Avenue and Commercial Boulevard.
Synopsis of Action: Temp. Reso. #1576 ADOPTED. RESO. YtO -yr,9 PASSED
The City Attorney read Temp. Reso. #1576 by title only.
C/W Kelch said there appears to be no impediment to the return
of this bond, and MOVED APPROVAL of Temp. Reso. #1576.
C/M Disraelly SECONDED the motion.
VOTE: ALL VOTED AYE.
Mayor Falck resumed the Chair, and welcomed the children from
Tamarac Elementary School, the public, etc., and extended a
special welcome to those children who had been elected City
counterparts. He explained that the City had been acting on
several items and would continue after the swearing in of the
counterparts.
ITEM #3. Presentation of Student Elected Officials by Mayor Falck
Synopsis of Action: Counterparts introduced and welcomed by Mayor.
Mayor Falck spoke of a radio station that had phoned him to inquire
regarding this item and had recorded the interview that followed.
He spoke briefly of the election that the Tamarac Elementary School
had conducted for filling counterpart City positions, and the objec-
tive of this item to encourage children to become more interested
in government. Mayor Falck said he hoped the children would take
back with them some things they would become involved in this morn-
ing. -.Ile then introduced the .following:
mayor: Adam S cfierer
Vice Mayor: Donald Fraley
Councilman: Timothy Wilkenson (for C/M Disraelly)
Councilman: Tom Cunningham (for C/W Kelch)
Councilman: Richard Kozma (for C/M Zemel)
City Manager: Dawn Gross
City Attorney: Robert Leone
Police Chief: Eric Lazanski
Fire Chief: (Was a tie, and two were elected)
Vaughn Hernandez
Joseph Hutchins
Tape #2 Mayor Falck congratulated them and asked that the City Manager
swear them in.
3/26/80
tz
ITEM #4. Swearing -In of Student Elected Officials by City Manager
Synopsis of Action: Student Elected Officials sworn in.
Mr. Gross asked that those just introduced by the Mayor, raise their .--
right hands, state their names and follow the Oath with him. Mr.
Gross then read off the Oath and congratulated them. He said each
person would get a copy of the Affidavit which includes the Oath,
signed by him and the Mayor, with seal of the City. Each child
then took the chair of his counterpart.
ITEM #5. Recognization of Vivian Brown, Principal of Tamarac
Elementary School.
Synopsis of Action: Ms. Brown acccepted plaque. presented by Mayor.
Mayor Adam Scherer called for order. Mayor Falck said Council
would now continue and the first thing they would handleis Item #5,
to recognize Ms. Brown, who is the Principal of Tamarac Elementary
School. He went on to commend Ms. Brown for the fine work she
had done for the school and for her many contributions. He said
the City had received her help and cooperation on many occasions
and mentioned the many things she had done. Mayor Falck then
read aloud the statement from the plaque, and he and Mayor
Scherer handed the plaque to Ms. Brown. Ms. Brown thanked all
those present and the officials of the City.
ITEM #6. Presentation by City Manager, Edward A. Gross, to
Milton Stocker, Retired Tamarac Chief of Police. (Called by Mayor
Scherer )
Synopsis of Action: Plagie, presented to Mrs. Stocker
in absence of former Police Chief.
Mayor Falck welcomed Mrs. Stocker as Chief Stocker could not be
present. Mr. Gross said Chief Stocker was the second person he
had met when he came to work for the City of Tamarac, and that
Chief Stocker is not really retired as he has taken on another
_job. The City Manager then read --aloud _from the placu,
and presented it to -Mrs, Stocker.
Mrs. Stocker thanked all present and said her husband regretted he
could not be here.
ITEM #7. Employee Service Award - Presentation of a Five --Year Pin
to Eric Wessel, Fire Department. (Called by Mayor Scherer)
Synopsis of Action: Five -Year Pin presented to Mr. Wessel.
The City Manager said this award is given to employees after 5 years
of service with the City. He said that Mr. Wessel is getting his
pin as a fireman. He originally started out with the Public
Works Department and worked his way up. Mr. Gross then presented
the pin and a Tamarac paperweight to Eric Wessel.
Mayor Scherer said they would take up the next item. Mayor
Falck said this is:
PRESENTATION TO MRS. KAPLAN
Mayor Falck and his counterpart stepped from the dais to give
a Certificate Award to Mrs. Kaplan, with Mayor Falck explaining
she has placed Tamarac on the map as she won the competition bakeoff
in the Pillsbia.ry contest. Ms. Kaplan said she is pleased to bring
recognition to the City and handed her winning recipe to Mayor
Falck.
Mayor Falck said how pleased he was to have the City recognized
for such a pleasant occasion rather than for the case the City
had been involved in when someone hit a rock with his car and
had been injured.
_7_
3/26/80
tz
ITEM #10 (f) Alan F. Ruf - Consulting City Attorney - 3/20/80
1 0.0 --Approval recommended by City Attorney,
C/M Wilkenson for C/M Oisraellyread off Item #10. C/M Disraelly
MOVED APPROVAL of Item #10.
C/m Cunningham (for C/W Kelch) SECONDED the motion.
Mayor Scherer asked if there was a discussion, and there being
none, called the question.
VOTE: ALL COUNCILPEOPLE (& COUNTERPARTS) VOTED AYE.
ITEM #22. Spring Lake I - Discussion and Possible action on:
(a) Hook-up to Westwood 5 drainage outfall
(b) Westwood 5 and 5A augmentation as it relates to
Spring Lake I.
Synopsis of Action: Report by V/M Massaro.
TABLED to 4/23/80 Regular Council Meeting.
A VERBATIM of this item was requested by C/M Disraelly and
follows on Pages 9, 10, 11 and 12.
!;Z
3/26/80
tz
i
VERBATIM (AT REQUEST OF C/M Disraelly)
ITEM #22. Spring Lake I - Discussion and possible action on:
a Hook-up to Westwood 5 drainage outfall.
(b) Westwood 5 and 5A augmentation as it relates to
Spring Lake I.
Synopsis of Action: Report by V/M Massaro.
TABLED to 4/23/80 meeting.
Vice Mayor Massaro: With your permission Mr. Vice Mayor, I'll
proceed to give this report which you aren't familiar
with, so I'll up -stage you. For the information requested
by some of you, I am going away for a short period of time,
but, so that you would be aware of what has transpired in.
the past as far as the subject goes, I will outline what
is involved here. Northwood I which is Spring Lake, this
drainage system is connected to the outfall line at Section
23. You're all aware of this. This outfall is not capable
of carrying the extra capacity created by the Northwood I
project, and it has resulted in the need for a separate
outfall in Northwood I, or a sum of money to be paid to
the city to offset the additional cost which will be made
necessary by the augmentation of the system in Section 23,
which is being designed by the engineers in a manner which
will be adequate to provide a proper outfall capable of
servicing both Section 23 and Northwood I. There is a
difference of opinion here by the engineers as to the
criteria .formula being used in designing the augmentation.
So that this still needs to be resolved and until the
engineers get through discussing this and coming to a
formal conclusion, this is one subject which is holding
up any kind of a compromise agreement. Northwood II is
involved. This is known as Tract I which is right next
door to it. The developer desires to create the retention
area required for this Tract by developing a lake in
Tract 36 which he also owns, and he wants to develop this
lake to a dimension which will be large enough and larger
than required for both tracts. He does not want to have
to build one on I.
Councilman Disraelly: Tract 36.
Vice Mayor Massaro: That's right sir, it's I and 36 which is
involved in this particular discussion. Item 3. Leader-
ship Corporation in the July settlement paid the city a
sum of money to build the three canals opposite Section 24.
The developer of the Tracts above mentioned would like to
build one of the canals and the culvert crossing. This
canal would be dug on Tract 2, crossing Nob Hill Road, and
that's rather a large culvert crossing there, and he would
like to offset the additional augmentation costs for his
outfall by building this canal andthe culvert crossing.
This has not been agreed too. We are in agreement that it
might be a good idea for him to build this canal and the
culvert crossing, but we're not so sure that it would be
offsetting figures. We at this time still feel that he
would owe additional money. There is another consideration
here; Mr. Gross is still trying to get this done with federal
funds in which case he would still be obliged to pay the money.
I'm talking about the developer. Number 4 - according to our
land use plan, the developer is permitted to build 264 units
on Tract I and this Tract I consists of 17.66 acres.
Councilman Disraelly: How many?
Vice Mayor Massaro: 17.66, and he does have the right to build
264 units. They would like to only build 172 on this parcel,
but on Tract 36, which consists of 32.1 acres, they are
permitted to build 160 units. The developer would like to
use some of the left -over units from Tract I and use them
on Tract 36. The total number of permitted units for both
parcels is 425. With the requested change, the total density
would be 393. This, if approved by Council, not today, but
at a later time, is permitted within a flexibility zone.
Number 5 - Concord Village 2 has also been included in the
discussions as the developer cannot provide retention on
site because of the site configuration which consists of
-9-
long narrow strips. He would like to use the extra retention
from Tract 36 as part of his requirement, but has been told
he cannot do this, and he has agreed tentatively to pay for
the retention in full for these parcels on Concord Village 2..
Number 6-He needs c.o.'s for Concord Village I right now.
I have indicated as far as I was concerned, until there is
developer's agreement with the payment for the CIAC's for
that particular Concord Village I, which amounts to at least
$2.62,000 there cannot be anymore c.o.'s issued. The
developer does not object to this payment. He is waiting for
determination by Tony Nolan as to the adequacy of the pump
and lift station which may have to be rebuilt or modified.
This, of course, would increase the $262,000 cost.
Councilman Disraelly: At what location please?
Vice Mayor Massaro: There are several
Councilman Disraelly: This lift station..
Vice Mayor Massaro: There are several that Tony is looking into.
In fact there are three as to their adequacy. I didn't
put the numbers down because I felt let him complete his
study of it, and then he is going to come back with a
recommendation, but he is almost positive that at least one
will have to be either rebuilt or modified in some manner.
That decision has not been made, but there would be an
additional amount of money for that in addition to the
$262,000 and the developer has not made any kind of an
indication that he disagreed with this. He realizes he will
have to pay this. He is saying, how much? But there is
still some discussion as to acceptable language within the
developer's agreement on both sides. Our attorney and
their attorney. So that hopefully that will be resolved
after Mr. Nolan's plan has been approved. Mr. Rubin has
indicated that the problems between the attorneys were not
significant, and could easily be resolved. Yes.
Councilman Disraelly: Pardon me. I would like to call to the
City Clerk's attention, - -I would like this item verbatim
please so that the Vice Mayor would not have to outline
it again for us. So please I would like this item verbatim.
Vice Mayor Massaro: Yes, I appreciate that and I was going to ask
because I thought it would help you when you're work nz.nn _.-----
this while I am away. Number 7-the question of the park
and recreation fees has not been established. We haven't
progressed far enough with these discussions, nor has our
new regulation been passed, and it's a question of what
will be enforceable depending on which comes first, the
adoption of the ordinance or the developer's plats or site
plans. So that is left hanging because naturally they are
not eager to pay these vast sums of money that might be
necessary, but if this ordinance does not get through by
time they come in for their approval, we would be in a
position, but they are indicating they will pay any excess
that they don't provide, but that's an open question yet.
About park and recreation. Number 8 - the developer has
been away this past week, consequently the discussions have
been halted and if there are any questions, otherwise I
would be looking for a tabling motion, but I do hope, because
they may come in at your recessed meeting seeking c.o.'s
while I am gone. I hope that you will not do this because
there are too many things here that are serious, that need
to be resolved and it is better to be in a position of
strength before you give anything more. Are there any
questions on this. If not why.
ME
L_]
Councilwoman Kelch: Just one question, Mayor, if I may.
Vice Mayor_Massaro: I can't hear you. Just one minute Council-
woman Kelch, please.
Member of the Audience: Voice inaudible.
Vice Mayor Massaro: Yes Mr. Birken just said that if they have
any CSR's which have already been paid for
Councilman Disraelly- ERC's please, don't.
Vice Mayor Massaro_ What did I say?
Councilman Disraelly: CER.
Vice Mayor Massaro: If they do have any, which I doubt very much,
or they wouldn't have been putting such pressure on me.
Councilman Disraelly: There are 274 or some 270 something.
Vice Mayor Massaro: Oh no, no. I am talking about paid for. The
274 is what they must pay for. But I doubt very much that
they have enough to warrant releasing a building, but never-
theless, if they have to come to Council, I hope they won't
be released. Councilwoman Kelch.
Councilwoman Kelch: The one question I had was that am I to
understand that in spite of all of these countersuggestions
and one thing and another, there is actually no cessation or
halting in the engineering that is going on there. Every-
body is continuing to
Vice Mayor Massaro: Everybody's working.
Councilwoman Kelch: Yes, I mean the letters that we did have in
regard to this would indicate that this is a continuing
process. We're not holding any of that up.
Vice Mayor Massaro: No. The only thing we're holding up is the
c.o.'s. Any further c.o.'s and this is really their pro-
blem. We are not responsible for those c.o.'s, and until
they come forward $2.62,000 is a lot of money, plus the
cost of the...... until they come forward with that and do
sign a developer's agreement, I don't think they should get
anymore because I don't want to get into the position, and
I'm sure you don't that we got into with another developer
recently, by being nice.
Councilman Disraelly: Pardon me. You're referring only to c.o.'s
in Concord Village.
Vice Mayor Massaro: That's all we're talking about.
Councilman Disraelly: I understand they have paid for two hundred
or have the availability and will pay for up to 274.
Vice Mayor Massaro: That's only after a developer's agreement is
arrived at.
City Attorney Birken: They have enough for about half of their
project.
Councilman Disraelly: Pardon me. They have enough.
City Attorney Birken: They have enough for half of the project.
-11-
Councilman Disraelly: They're only at this point, the only thing
we can c.o. at this point is buildings 4 and possibly
3 and possibly 2 and those they already have enough ERC's.
City Attorney Birken: If there is enough ERC's there is no
question it won't even go to Council. The only thing is
if it goes beyond and if there is no developer agreement
under the regulations, you know there is nothing that
Council can even grant.
Councilman Disraell . Those are the buildings on McNab, and I
don't think there is a problem there.
Vice Mayor Massaro: There is another - they may be coming in for
c.o.'s at Spring Lake. Now I'm not sure of that, but I
would not recommend any c.o.'s be released to them, none
whatsoever. And if they have ERC's they're not going to
come to Council. They're going to go directly to the
utility and get what they want.
Mayor Falck: Would this be an appropriate time since it is my
understanding that the youngsters must leave and return
Councilman Disraelly: Mr. Mayor, Timmy has a motion.
Mayor. Falck: O.K. That'll be fine.
Timmy:_ Because he wants to read the verbatim, I move to table
this item.
Vice Mavor Massaro: To the
Mayor Falck: Till when, the next meeting?
Vice Mayor Massaro: No, no the following meeting, Mr. Mayor.
Councilman Disraelly: The next meeting, April
Mayor Falck: April 9?
Vice Mayor Massaro: I have already indicated to the developers
that if this item were tabled that I was going to respect-
fully ask Council to table it to the meeting following the
next meeting, because I will be back the day before and
certainly that's not going to be time enough to do any
negotiations.
Councilman Disraelly: April 23rd recess.
Vice Mavor Massaro: Yes sir.
Mayor Falck: We have a motion to tabling to April 2.3. Is there
a second to that motion? Councilwoman Kelch seconded
the motion.
Mayor Falck: Councilwoman Kelch are you seconding that motion?
Councilwoman Kelch: Yes.
Mayor Falck: We have a. motion for tabling, the motion has been
seconded. Would you call. the question please.
VOTE: Councilwoman Kelch
- Aye
Councilman
Cunningham
- Aye
Councilman
Zemel
- Aye
Councilman
Kozma
- Aye
Councilman
Disraelly
- Aye
Councilman
Wilkinson
- Aye
Vice Mayor
Massaro
- Aye
Vice Mayor
Fraley
- Aye
Mayor Falck
- Aye
Mayor Scherer
- Aye
Mayor Falck: So ordered.
-12-
� � r
Mayor Falck explained briefly to the students and counterparts
what had just been discussed, explaining it had been tabled in
order to get a final determination.
ITEM #27. Home Construction G�ity Performance Bonds -
Discussion and possible action on:
(a) Temp. Reso. #1573 - 5301 Woodlands Boulevard
(b) Temp. Reso. #1574 _ 4905 Woodlands Boulevard
S no sis of Action: Temp . R-eso . #1573 ADOPTED RESO. PASSED
Temp. Reso. #1574 ADOPTED
RESO. # KO—_Ze�_PASSED
The counterpart City Attorney, Robert Leone, read Temp. Reso.
#1573 by title only.
Counterpart Vice Mayor 14OVED ADOPTION of Temp. Reso. #1573.
C/M Wilkenson (for C/M Disraelly) SECONDED the motion.
VOTE: Councilpeople and counterparts all voted AYE.
City Atty. Leone read Temp. Reso. #1574 by title only.
V/M Fraley MOVED -ADOPTION OF Temp. Reso. #1574.
Counterpart for C/M Zemel, Mr. Kozma, SECONDED the motion.
VOTE: Councilpeople and counterparts all voted AYE.
Mayor Falck said it was necessary for the children to return to
school and he individually thanked those persons involved in the
participation of this event, adding that he hoped this program
would again take place next year.
A ten-minute recess was called.
Mayor Falck called the meeting to order. All were present.
Tape #3 ITEM #23. Woodmont Country Club - Revised Site Plan-- Discussion
an possible action to approve a revised site plan for various
facilities at the tennis complex.
S no sis of Action: Revised Site Plan APPROVED with
conditions.
Evan Cross, the City Planner said that according to the Site Plan
he had looked at, they want to put up a 90 ft long six ft. high
temporary chain link fence, a slab for a _metal shed and a chickee�.hut.
C/M Disraelly asked if the shed, slab and prefab building were
Qoing to be temporary or permanent. He said there is a City
Ordinance as far as tie -downs on sheds are concerned. Mr. Gross
said the concrete slab is not temporary. However, because of
the fire they have problems with space and want to put up a
temporary shed to store some items for the tennis complex area.
Mr. Gross said the chain link fence he believes, is to keep the
golf balls from being driven out of that area. C/W Kelch asked
if setbacks had been checked, adding that a condition of the
motion mention that the addition of a shed should be carefully
checked. VIM Massaro said it would be very simple to indicate
that the prefab building can be only temporary and they could
set a time limit on it.
C/M Disraelly MOVED APPROVAL of the Revised Site Plan for the
chain link fence, the proposed chickee hut, the proposed con-
crete slab, and that when, as and if a shed is put there, that
the shed be for a period not to exceed one year, at this present
time. Further, APPROVAL of proposed 14 by 28 ft. concrete walk
to the slab-, with the restriction of prefab building not to exceed
-13-
3/26/80
tz
one year from this date, and to conform with the tie -downs re-
quired for sheds.
C/W Kelch SECONDED the motion.
VOTE: ALL VOTED AYE.
ITEM #28. Drainage Au mentation N.W. 88th Avenue - Discussion
and possible action on drainage system along the east side of
88th Avenue from 57th Street north to the canal.
Synopsis of Action: City Eng. authorized to create plans and provide
estimated costs.
City Mgr. to check and see if County will
possibly perform work gratis; if not what charge is.
V/M Massaro said that the two streets that intersect with 88th
Avenue to the South of City Hall on the east side, are badly in
need of some catch basins which need to be put in at the ap-
propriate areas and to run the culvere down to the canal. Mr.
Gulisano, who owns land on 57th Street (Plaza del Sol) had said
at one time that he would be willing to take care of his drain-
age problems. V/M Massaro said she would like to authorize the
City Engineer to move forward on creating the plans that are
necessary and providing an estimated cost, so that they could
move forward as soon as possible. She said she would like this
all one project when it comes in; and that would mean that it
would be up to the City Manager to see that the appropriate arrange-
ments are made with Mr. Gulisano as well as getting the estimated
costs on the ®ark that has to be done by the City. Questioned
by C/W Kelch as to whether this is a budgeted item, V/M Massaro
said it was.
C/W Kelch MOVED -that the City Engineer be authorized to create
plans and provide estimated costs for -the installation of drainage
and catch basins at two intersections on Pine Island Road immediately
north of Plaza del Sol. That this project then come before Coun-
cil as a total project, incluair_.- the a-llvmentation work which will
be agreed upon to be handled by Mr. Gulisano of the Summit Realty
Co.
C7M Zemel SECONDED the motion.
Mr. Gross said he had already contacted the County and asked
them to do the work for the City once they have the engineering
plans set. Therefore, they might get it done with other than
City moneys. V/M Massaro asked that if Mr. Gross is turned down
by the County, that he ask them what they would charge to do it
as it might be cheaper for the County to do it.
VOTE: ALL VOTED AYE.
ITEM . 9. Joseph T. Caporella Park - Improvement Grant -
Temp. Reso. #1572 - Discussion and possible action to autho-
rize the City "?anager to apply for funds to develop this park,
located along Prospect Field Road.
Synopsis of Action - Temp. Reso. #1572 ADOPTED RESO:' #,FO- g6, PASSEI
'he City Attorney read Temp. Reso,#1572 by title only.
U/M Disraelly said it has been called to their attention that
funds are available and that this Resolution authorizes the
City Manager to submit grant application, and he would MOVE
its ADOPTION.
C/W Kelch SECONDED the motion.
VOTE: ALL VOTED AYE.
-14-
3/26/80
tz
GENERAL ADMINISTRATIVE/FINANCIAL
ITEM #30. Finance Department - Personnel - Discussion and
po� si� sf—e action on request to employ one (1) part-time ac-
counting clerk.
Synopsis of Action: Part-time accounting clerk appvd.
to no later than end of fiscal year.
C/W Kelch noted that the backup on this item states that there
will be no funds required over the appropriation for the
Finance Department. C/M Disraelly agreed, stating that
the report from Ms. Stuurmans indicates the reasons they need
to hire a person and why they cannot go to CETA or BETA.
Mr. Gross said the auditors have said that they need someone
with the proper background who would do the required work cor-
rectly. He asked Mr. Hoyt for his input. The Finance Director
said this is in connection with the auditor's comments of the
last several years that the General Fixed Asset records of the
City, which was stopped in August of 1977, needs to be updated.
He went on to discuss just what duties would be required and
what work would be covered. He added this would be on a
part-time basis from now to approximately the end of September.
and that once they have certain records up-to-date it will be
ongoing with the Finance Dept.
V/M Massaro said she had received a letter this week from an
accountant who hd.d applied as a result of an ad that was am-
biguous and he was not permitted to put in an application.
She asked why he had not been considered. She added that
he resides locally and is an experienced accountant so he
could certainly handle the work. Mr. Gross said the man was
asked to put in an application and refused to do so the first
time. Then he came a second time, and was requested to put
in an application. However, Mr. Gross said he did not know if
he had done so.
C/M Zemel asked if this person is presently employed in the
Finance Dept. and Mr. Hoyt said this request is to bring some-
one on board.
C/M Disraelly asked if the person to be hired would be able
to generate for the City, the inventory of small things they
have been looking for in the self-insurance program. If so,
this would pay for itself. He asked Mr. Hoyt to submit also
a list of Finance Department personnel and the duties they
perform since they have had additions to that department.
Mr. Hoyt said they would have the necessary information.
C/M Disraelly MOVED that the Finance Department be AUTHORIZED
to order the addition of one part-time, temporary accounting clerk for
no longer than the end of this fiscal year, with no change in
the budget.
C/W Kelch SECONDED the motion.
VOTE: ALL VOTED AYE.
V/M Massaro asked how this person would be hired. Mr. Gross
said they would go through the files to see if there is anyone
with Accounting background and if so, they would be interviewed
by the Finance Director. If Mr. Hoyt feels no one qualifies, they
again advertise. Also, Mr. Gross said, they must conform to
Affirmative Action laws and must also allow any City employee
to apply for such, if desired and so must advertise within the
City itself.
-15-
3/26/80
tz
ITEM #31. Budget Adjustment - Community Development - Discussion
and possible action on request to increase the professional ser
vices account required for work performed under contract for the
Comprehensive Plan.
Synopsis of Action_: Approval to transfer $8250. from
Contingency to Professional Services acct.
to cover contract with Mid -South Engineering.
Mr. Gross said he had sent a memorandum regarding this. They
need a total in the budget now of $8520. and would ask Council
to increase the budget therefor. He added that Council has autho-
rized certain work to be done by engineering firms regarding
the Community Development Plan. Mr. Cross was requested to
give input and said that after the Utility Element had come in,
that had been forwarded together with the others to various
agencies and any comments that come in will be brought to Coun-
cil's attention for incorporation into the elements. He said
Council should next see something in May or June, and there would
be two Public Hearings. As far as the financial aspect, Mid -South
Engineering and Williams, Hatfield & Stoner had been hired as con-
sultants and they do not expect a cost overrun. Questioned by
V/M Massaro as to whether any further work has to be done, Mr.
Cross said the drafts have been completed and routed to the various
review agencies which he had mentioned. All elements have been
written and just being reviewed. V/M Massaro said that all they
need now is to pay for the work that has been agreed upon? Mr.
Cross said that was right. Mr. Gross said the Finance Dept. has
recommended that the money be taken from the Contingency Fund,
#1-872-581-901 and transferred to Professional -Services, Acct.. ...-. -
#1-108-515--310. -
CIM Disraelly MOVED that $8,250.00 be taken from Contingency
Acct. #1-8/2-581-901-and to go to Professional Services,_ _.....
Community Development, #1-1-0-&-515-3I-0. The Cont ngencey
Account, #1-872-581-901, will then have a new balance of
$121,875.00 and the Professional Services, Community Develop-
ment will have a balance of $8,467.00.
C/W Kelch SECONDED the motion.
VOTE: ALL VOTED AYE.
C/W Kelch asked the City Attorney to clarify a certain memorandum
he had sent regarding the Planning Commission. Mr. Birken said
this is simply a requirement that the Planning Commission on items
that come before it, state that those items are in compliance with
the Land Use Plan, and that is to be part of their motion and part
of the record.
ITEM #32. Bid Award Police Deft. - Temp. Reso. #1569 -
Discussion and possible action to award a bid for one 1) micro-
film reader -printer.
Synopsis of Action: Temp. Reso. #1569 ADOPTED RESO. # PASSED
City Attorney read Temp. Reso. #1569 by title only.
Mr. Gross said the only bidder on this was the Kodak Company
and therefore request is made that this bid be accepted.
Mr. Thompson, -the purchasing agent said the City Clerk's office
is using Kodak equipment and this will be compatible to what is
being used. They had sent out to A.B.Dick, etc., but the only
bid received back was Eastman Kodak for $3907.00 for the unit,
complete. He said this was under a State bid requirement and
is the same price.
Questioned by C/M Zemel, Mr. Gross said it is up to the company
that bids to state to the City that this item they are bidding
is an equal product to the product which is being bid. At that
point, it is up to the City to review it to see if it really was
equal acid the sales manager or technical reps of the company
could be brought in to explain to the City. Then it is up to
the City to make the decision.
stele
3/26/80
tz
I
Mr. Gross gave a further explanation on the bidding process.
Mr. Zemel said he had been questioning the word "prove" and it
has been stated it is up to the vendor to prove the item.
V/M Massaro asked if this price was comparable to anything equal.
Mr. Thompson replied "very much so".
V/M Massaro MOVED that Temp. Reso. #1569 be APPROVED, awarding
the bid to the Kodak Company, for a price of $3,907.00, and
it is a budget item.
Questioned by C/M Disraelly, Mr. Thompson said he believes this
equipment is covered for a year for free service and parts.
Mayor Falck said that is standard and at the end of the year,
the company contacts the City to see if they want to tie this
in with the existing contract on the other equipment.
C/W Ke1ch SECONDED the motion.
Tape #4 VOTE: ALL VOTED AYE.
ITEM #36. Senior Community Service Employment Program - Temp.
Reso. f1578 - Discussion and possible action to authorize execu-
tion of an agreematitfor funding of four(4) positions under this
program.
Synopsis of Action: Temp. Reso. #1578 ADOPTED. RESO. # O- PASSE
Mr. Birken read Temp. Reso. #1578 by title only.
Mr. Gross said this grant was brought to his attention by
Mitch Ceasar, which gives temporary employment to senior
citizens of Broward County. They hope to get people from
Tamarac to be employed within this program. Mr. Gross said
they would try to use these people in the best positions,
such as Code Enforcement where additional help would be of
benefit. He added that they do not know how long this program
will be available, but will start employing of senior citizens
as quickly as possible for this program.
V/M Massaro said they should see where the needs of this City
are, so that an advertisement could be placed in the papers.
She felt that they could obtain qualified people in Tamarac
willing to work for 20 hours. C/M Disraelly agreed with
Mr. Gross' comment about Code Enforcement as he felt they
needed extra help with the proliferation of signs that he
has been noticing for which he believed have not been ap-
proved through the Beautification Committee. He said they
could also use file clerks.
C/M Disraelly MOVED ADOPTION OF Temp. Reso. #1578.
C/W Kelch SECONDED the motion.
VOTE: ALL VOTED AYE.
MAYOR FALCK RECESSED THE MEETING UNTIL 1:30 P.M.
MEETING CALLED TO ORDER AT 1:30 P.M. ROLL CALL TAKEN: ALL PRESENT.
(Ed. Note: Please note that Mr. Gross was present at 1:30 P.M., but
the Assistant City Manager took that chair at about 3:00 P.M.)
r
Tape #5 ITEM #9. Broward League of Cities -Presentation by Coral Springs
Mayor B. Geiger, President of the League, who will discuss the
accomplishments, goals and advantages of membership to the Broward
League of Cities.
Synopsis of Action: Presentation by Mayor Ben Geiger.
Mayor Ben Geiger was recognized, and said they had felt they
would like to visit member cities at least once a year. He
said he had some reports on Florida's Emergency
Contingency Plan and he would give them to Council, and also
copy of financial report of the League which he would give to
the Mayor.
-17- 3/26/80
tz
Mayor Geiger gave an in-depth report, including some of the
accomplishments of the League. He said that has been due to
unity through the Broward League of Cities as they now represent
over 800,000 people of Broward County. Mayor Geiger said one
of the prime things they would be looking for this year would be
the legislative program, as they had been upset with some of the
State legislators who tell cities they cannot spend more than 5%
than they did the previous year and yet the State legislators
had raised their budget 17.8%. Mayor Geiger said Tamarac's dues
to the Broward League of Cities were$1170, but due to the League's
efforts, the Road and Bridge tax brought back to Tamarac $17,700.
He said that one item would pay Tamarac dues for a long, long, time.
Mayor Geiger said the rapport between cities is also important.
He urged that when attending League meetings, they come early and
bring other City officials so that they could get to know one
another. Mayor Geiger said he would urge Mayor and Council to
contact Kurt Volker to get reservations to Tallahassee as more
can be accomplished when elected officials are there.
Kurt Volker, Executive Director of the Broward League of Cities
was recognized. He said he hoped some present could attend the
seminar for the Community Development Block Grant Program
that would be held on Friday, at the Ft.Lauderdale City Hall.
He said this is a Workshop that had been put together in coopera-
tion with the Florida League of Cities and the Dept. of Community
Affairs so elected officials could become more aware of the
block grant program. Mr. Volker reviewed some of the items
that would be discussed Friday. Mr. Volker said they would be
in Tallahassee four days a week and would also request that Mayor
and Council try to come up also and speak with their state legis-
lators. Mr. Volker went on to discuss the many bills that would
be considered, many of which affect local government. He dis-
cussed some of the problems, including limitation of ad valorem
tax, property.- assessor's attempts to limit assessment on proper-
ties, etc. Mr. Volker said they are not sure how the President's
cutback will affect certain programs such as CETA funding, social
services, etc. ICities will be affected and might have to
look for other sources of funding such as utility taxes, etc.
Mr. Volker said the League will keep the cities up-to-date this
year on current issues that affect them. lie added that he should
be contacted whenever the City feels they have a problem and the
League can help.
V/M Massaro asked if this City would be in a position -to
a utility tax similar to Coral Springs, if the 5% ad valorem
tax is fixed indefinit6ly, rL-. � Volk8r said that under State
law, the City has the ability to levy up to a 10% tax or a
utility tax based on the unit consumption per kilowatt hour.
However, he added, it is not a source of revenue that cities
like to go to as people need their telephone service and their
electricity. Mr. Volker added that cities might be forced
into that with the economically tight situation at present,
which might get worse with a decline in building permit fees.
However, elected officials should relate that to members of
the delegation by calling them, writing them letters, telegrams
and personal visits, to make them understand problems that the
local legislators have.
V/M Massaro asked Mayor Geiger if his city is having problems
with developers coming up with front money. Mayor Geiger said
that Westinghouse is their primary developer. However, they
have instituted a public service fee (interim service fee).
They had gone to Court on this and lost the case, but had
revised the Ordinance and still have it and are collecting
under it. Upon"request, Mayor Geiger said he would forward a
copy of this Ordinance to V/M Massaro.
C/M Disraelly asked if the League would continue to give input
regarding various bills being projected that would affect cities.
Mr. Volker said they would do so, picking out bills of interest
to municipalities. He went on to mention bills regarding the
5% ad valorem tax being fixed, and the 65% assessment on property
being tied into it. He said cities would be contacted if input
is needed.
-18- 3/26/80
tz
Milt Klika was recognized and mentioned Molly Turner on Channel
10 who has consumer tips on how to save money. He wondered if
the Broward League of Cities could put out a newsletter once a
month to give tips to member cities, such as cooperative purchas-
ing, etc. Mayor Geiger said that Sribject of the number of areas
they could get into had come up recently. However, even the addi-
tion of one person to their staff would cost considerable money
and they might then have to raise dues. Presently, their staff
is being kept very busy. Mayor Geiger went on to discuss the
4000 bills being reviewed by their staff, etc. However, they are
trying to expand the role of the League.
Mr. Volker said the League tries to keep tabs on the entire scope
of what happens in the County and State and to some degree, the
Federal government and he roads as many as three papers a day just
to see if there is anything that would affect cities. Mr. Volker
said if Mayor or Council happen to see something that concerns
them, they should not hesitate to call.
Mayor Falck thanked Mayor Geiger and Mr. Volker, saying that he
hoped this would be the start of such visits as he believes Council
now has a better understanding of what the League is doing.
PUBLIC HEARINGS
ITEM #17.Coral Ridge Presbyterian Church - Petition #4-Z-80.
Discussion and possible action to approve a rezoning request
from B-1 to R-3U by Temp. Ord. #733 - Second Reading -(Located
on the south side of 77th Street - 400 feet east of University
Drive, extending 396 feet eastward).
Synopsis o.Action: Temp. Ord. #733 ADOPTED
.
on Second and Final Reading. ORD. # 90-,._PASSED
City Attorney read Temp. Ord. #733 by title only.
Mayor Falck opened thb Public Hearing.
Max Blum was recognized and said this property is directly
across from his home. He said he notes that the property west
of this and south of 77th Street, has been rezoned R-0. Mr.Blum
said if the owner of this property should purchase the Church
property, he would then own all of the land south of 77th Street.
Mr. Blum asked if this happened, would it be possible for that
owner to come before Council and ask for a rezoning to B-1 for
the entire parcel. Would he then comply with the Master Land Use
Plan, or would that owner be going against it? Mr. Birken said
if it is shown as residential on the Land Use Plan, allowance is
made to use up to 5% of the flexibility zone and no more than
10 acres of contiguous property for commercial property, so
theoretically_it would be allowed. Of course, the rule in rezon-
ina is that it has to be fairly debatable and there is no question
in his mind that an R-3U is a fairly debatable zoning district and
it would be next to impossible if Council was not inclined to grant
an application for it,,to be overturned in Court. Mr. Blum said he
would not want to be across from a shopping area and prefers a zoning
category that only allows office building. He then discussed with
/ri-massaro—zne requirements- neec ea regarding the number __of- feet
a shopping area must be from residential.
V/M Massaro MOVED that Temp. Ord. #733, Petition #4-Z-80,
be APPROVED, on Second and Final Reading.
C/W Kelch SECONDED the motion.
VOTE: ALL VOTED AYE.
_19-
3/26/80
tz
r � r
"ITEM #18 - City of Tamarac - Petition #5-Z-80 - Discussion
and possible action to approve a rezoning from B-2 to R-4A on Par-
cels C and D - Land Section 3 east of Family Mart - pursuant to
the Land Use Element of the Comprehensive Plan - Temp. Ord. #734
Second Reading.
Synopsis of Action: Temp. Ord. #734 ADOPTED
on Second and Final Reading. ORD. # 0- PASSED
The City Attorney read Ordinance by title only.
Mayor FAlck opened the Public Hearing. There being no one from
the public who wished to speak, Public Hearing was CLOSED.
C/M Disraelly MOVED APPROVAL of Petition #5-Z-80, Temp. Ord. #734
rezoning from B-2 to R-4A, on Second and Final Reading.
C/M Zemel SECONDED the motion.
- Mr. 1)irken said he believed he had read the wrong title, and
-read Temp. Oral._ .#734 by titLe__only. _
Mayor Falck said he would reopen the Public Hearing. No one wished
to speak and Public Hearing was CLOSED.
VOTE: ALL VOTED AYE.
ITEM #19. City of Tamarac. Petition #6-Z-80 - Discussion and
pose action to approve a rezoning from B-2 to R-3U on Parcel F,
Land Section 3, 550 feet north of McNab Road, 650 feet east of
University Drive, pursuant to the Land Use Element of the Compre-
hensive Plan - Temp. Ord. #735 - Second Reading.
Synopsis of Action: Temp. Ord. #735 ADOPTED (See also: p.21)
on Second and Final Reading. ORD. # Fo- PASSED
Mr. Birken read Temp. Ord. #735 by title only.
Mayor Falck opened the Public Hearing. There being no one who wished
to speak, Public Hearing was CLOSED.
Tape #6
C/M Disraelly said that in reading through the descriptions, he
notes a discrepancV as in one place -it describes the property
in question as "approximately 500 ft. north" and the other states
"550". He read off from the survey, adding that he would suggest
that the surveyor make the proper indication before Council acts
on this.
Mayor Falck said they would move on to the next item while this
is being checked out.
ITEM #20. City of Tamarac Petition #7-Z-80 - Discussion and
possible action to approve a rezoning.from A --I to S-1 on the
north side of Southgate Blvd. westward from University Drive,
pursuant to the Land Use Element of the Comprehensive Plan -
Temp. Ord. #736 - Second Reading.
Synopsis of Action: Temp. Ord. #736 ADOPTED
- on Second & Final Reading. ORD. # Q - PASSED
The City Attorney read Temp. Reso. #736 by title only.
Mayor Falck opened the meeting to the public.
Emil Beutner was recognized. He said as a member of the Planning
Commission, he had voted against this, as he feels it might be
dangerous because of the ove-',ead wires and that in some states,
that area would have to be fenced in because of the high power
lines. He added that the F. P. & L. is going to put an extra line
there and that upon his request to them for a letter, they had said
they did not wish to make a statement either way - as to whether it
was dangerous or not.
-20-
3/26/80
tz
Mr. Beutner said you cannot tell a child not to fly a kite in
a park, and he personally felt this should not be rezoned,
Mr. Birken said that there is already a recreational facility there.
He said that zoning this for some thing and creating a park are not
always the same thing. He said there is vacant land throughout the
City that is zoned S-1, such as the Cap,a-rella Park and others in the
western part of the City. Mr. Birken said such zoning permits the
City to use the property for calculations for park needs under the
Broward County Land Use Plan.
C/M Disrae.11y said that in prievious discussions regarding this park,
they had said that certain things would not be permitted, i.e., a
miniature golf course. Also, any development that would be done would
be nearer to the water site and north of that area. C/M Disraelly
said he is pleased to see that the eastern end of that area has
been bermed and fences have been placed by the South Florida Water
Management District in order to try and keep vehicles out. He could
not see any reason not to rezone this to S-1.
There was no one else who wished to speak, and Mayor Falck closed
the Public Hearing.
V/M Massaro MOVED thaE Temp. Ord. #736, Petition #7-Z-80, be APPROVED
on Second and Final. Reading.
C/M Disraelly SECONDED the motion.
VOTE: C/W Kelch:
C/M Zemel:
C/M Disraelly:
V/M Massaro:
Mayor Falck:
MOTION PASSED 4/1
AYE
NAY. I have studied this, but not fully assimilated
or understand the results.
AYE
AYE
AYE.
ITEM #19. City of Tamarac - Petition #6-Z--80 - Temp. Ord. #735
continued from p. 205.
Synopsis: See page 20 - Item #19.
Mayor Falck explained to Larry Keating, the discrepancy between
500 ft. and 550 ft. they had noted.
Mr. Keating said thi'3 is not a discrepancy as it is
how they identified getting to the point of beginning of the
description. He said they start the description at the center line
of McNab Road and then proceed easterly and go to the north, in one
case 552.94 and the other 499.94. The difference between the two
is 53 feet, which is the right-of-way line, so that the descriptions
of the parcels themselves should be accurate, and there is no dis-
crepancy_in the dimPnq,i-�,ris. Mr. Keating went into additional detail, _
reading from the survey, tc) indicate it was correct.
C/M Disraelly.MOVED the ADOPTION OF Temp. #735, Petition #6-Z-80.
C/W Kelch SECONDED the motion.
VOTE: ALL VOTED AYE.
ITEM #21. Sign Ordinance Amendment - Temp. Ord. #738 - Amending
Ordinance No. 0-80-34 by providing that fees for sign plan reviews
are to be established by Resolution. Discussion and possible action.
Second Reading.
Synopsis of Action: Temp. Ord. #738 ADOPTED
on Second & Final Reading. ORD. PASSED.
The City Attorney read Temp. Ord. #738 by title only.
-21-
3/26/80
tz
I
Mayor Falck opened the Public Hearing.
Melanie Reynolds was recognized and -asked if they are saying that
fees will be set by Resolution, they mean that there are no set
fees and that it would depend on the particular case in point?
She could not understand why the fee could not be set.
Mr. Birken said the fee is set by the latest Resolution which
lists fees.
Public Hearing was CLOSED as no one else wished to speak.
C/M Disraelly MOVED ADOPTION of Temp. Ord. #738 to establish fees
...............
by resolution.
V/M Massaro SECONDED the motion.
VOTE: ALL VOTED AYE.
V/M Massaro said she has Temp. Reso. #1580 which confirms and
ratifies Resolution 80-71 which established the sign
permit fees and would MOVE that it be AGENDIZED by MAJORITY consent.
C/W Kelch SECONDED the motion.
VOTE: ALL VOTED AYE.
AGENDIZED BY CONSENT
ITEM #45. Temp. Reso. #1580. Discussion and possible action
on this resolution which establishes sign permit fees.
Synopsis of Action: Temp. Reso. #1580
ADOPTED RESO. # ;,�O—.,92PASSED
City Attorney read Temp. Reso. #1580 by title only. Mr. Birken
said he had believed this resolution would be necessary in order
to legitimatize one fee as there had been a conflict for one
certain fee.
V/M Massaro MOVED that Temp. Reso. #1580 be APPROVED.
C/M Disraelly SECONDED the motion, adding that the verbiage "as of
this date" be included. V/M Massaro agreed.
VOTE: ALL VOTED AYE.
ITEM #11. Tamarac Shopping Plaza (Stonehaven) Discussion and
possible action concerning approvdd site plans for parking at
this shopping center on the northeast corner of University Drive
and 57th Street.
Synopsis of Action: Site plan expiration date extended
for a period not to exceed 2 montns
(from 5/15/78). TABLED to 4/23/80.
Mr. Birken said he would recommend that this matter be tabled
either until Monday or when the Vice Mayor returns, and in the
interim, Council can provide input with regard to the memo -
random he had forwarded to them. —Mr. Birken said if
Council wishes to table this matter, they would have to extend
the Site Plan expiration date.
V/M Massaro said she understood that this complex was under fore-
closure. Mr. Birken said he had spoken with the attorney who
represents the shopping, center and there is a law suit pending,
but certainly no Receiver has been appointed and as far as the
law is concerned, they are certainly a viable entity. Until such
time as there is a Receiver appointed, and the control of the
corporation is taken out of their hands, the City has the right to
deal with them.
-22-
3/26/80
tz
14
f
L
L_ I
Mr. Birken said he had told that attorney that he
the tabling of this item. He added that there are
one of which is dated May 15, 1978 and would have
the other Site Plan is viable until July of 1980.
would suggest
two Site Plans,
to be extended,
V/M Massaro said it would be prudent for Council to extend the
expiration date of the Site Plan dated May 15, 1978, and she
would MOVE that it be extended for a period of two months and
that this subject be brought up for consideration again at the
April meeting. She felt that Mr. Birken would be in a
better position at that time to know what -is happening.
C/M Disraelly said he would SECOND that motion, with the extension
not to exceed two months, and the TABLING of this item to the 2nd
meeting in April. V/M Massaro agreed.
VOTE: ALL VOTED AYE.
ITEM #12. Monroe Garfinkel - Petition #3-Z-80. Temp. Reso. #1566
(See p .;,7 )
Mr. Birken said that Dr. Garfinkel had said that he would be in
by 3:00 P.M. Mayor Falck said this is a little early, and since
the Petitioner was not present, he would next discuss:
ITEM #13. Business Uses - Special Exceptions - Temp. Ord. #710 -
Amending Code Chapter 28 by requiring certain businesses in a
B-1 zoning District be permitted by Special Exception. Discussion
and possible action. First Reading.
Synopsis of Action: First Reading of Ordinance.
Tabled to not later than 4/23/80 meeting
C/M Zemel will review category structure;
Occupational License Inspector is to take no
penal action in event of possible conflict.
The City Attorney read Temp. Ord. #710 by title only.
Mr. Birken said a discussion had taken place last week regarding
the addition in B-2 districts of restaurants and delicatessens.
If this were done, it would have to be added to the title of
this ordinance and on the appropiate pages.
V/M Massaro said Comm. Beutner had come in to discuss this as
there are several fast food places coming in and he feels they
should be in the Special Exception category as some shopping
areas that they might be located in, are close to homes and
there would be odors generated by such stores and an overloading
of the parking. He felt Special Exceptions would give Council
a chance to look at each one separately.
C/W Kelch said she had made that suggestion at the March 12th
meeting and followed it up with a memo on March 13th. C/W Kelch
said that the attorney had replied to her memo, and it is her
feeling that these would be a sensible addition to Special Ex-
ceptions. C/M Disraelly said he could see this regarding fast
food restaurants, but delicatessens and ice cream parlors do -not
have bad odors. C/W Kelch said she had suggested delicatessens
as an addition as she understands they are very often restaurants,
as food is served there. And she would include restaurants also
in the classification.
C/M Disraelly asked what the outcome was regarding his memorandum
of March 18th, asking- that exotic birds not be classified as
"animals" because he considers the latter as being four -legged.
V/M Massaro said she would not find any objection to exotic birds
-23- 3/26/80
tz
Milt Klika was recognized and said that by requesting special
exceptions, Council will make it more difficult for people to
do business in Tamarac. He said that in 1973 there had been
only four items under Special Exception and now there are more
than a dozen. It would be his suggestion that they set guidelines
or requirements as to how many feet from a residential area these
kinds of businesses must be. V/M Massaro said guidelines are al-
ready in there. `C/W Kelch said she feels they are doing a potential
owner or the owner of a shopping plaza a favor when they indicate that
there might be restrictions placed, so that they could take that into
consideration and avoid problems. Mr. Klika said he would give as
an example the Clam Box which is now out of business and the owner
is trying to rent it to another restaurant wh,i_ch, m,i_,-h,t ha reluctant
to come in if he knows it must be advertised and go through Planning
Commission -and City Council.
C/M Disraelly said before they go further, he would like input on
exotic birds. V/M Massaro and C/W Kelch said they had no objections.
C/M Disraelly asked if that would be inserted on page 2, line 232.
Mr. Birken said that was correct, and also would be added to the title
on line 72i "..permitting the sale of birds, retail, in B-1, B-2
and B-3 zoning districts.."
V/M Massaro said she would like to further discuss delicatessens as
she feels they are desirable in neighborhoods for people to serve
unexpected guests, etc. She asked if they could not just place
some restrictions such as limiting them to one or two tables. Mr.
Birken said if that is desired, they would have to, on the title
on the third line, add "..and B-2"and then on line 282 (p. 3)
where this use is permitted by special exception in B-1, add
"..B-2 districts" and then place an asterisk next to the "X" on
B-2 . On p. 8, line 152, accordingly this use is permitted by
special exception in B-1 and B-2 districts. On p. 8, line 19,
'from the nearest means of ingress and egress' should be "of
the restaurant" and they are to take out the words "either" and
'"or delicatessen" so that it reads, "of either the restaurant er
d.elieat.essen . "
Mr. Birken added that where an. owner changes in an existing
place.,-_Chev still _have._ _ a valid nonconforming
use. It does not have to be the same owner or the same name of the
restaurant as long as the nonconforming use is not abandoned for a
six month period of time. For example, the Clam Box would have no
problem should a new owner come in within six months as there would
be a continuation of the nonconforming use. However, if it is pas..t.. -- _
six months, they would have to come in and meet the requirements.
V/M Massaro said there is no problem at that location, but there are
Tape #7 other areas within 20 feet of homes that Council must monitor.
V/M Massaro next discussed requirements of one acre for Savings
and Loan Associations (under banks). She said they had a building
in the City which has been a good neighbor and conformed and taken
care of all requests made of them. They are trying to put in a
service window and are having problems. C/W Kelch said this build-
ing is in her district and has been before the Planning Commission.
V/M Massaro said she would like to see the first paragraph on p. 2
taken out and on page 9, line 182i the first sentence taken out.
C/M Disraelly said he had previously discussed supermarkets, which
he notes are listed under B-2 and B-3 (on p. 10). He asked
Mr. Birken about Occupational Licenses for separ&te businesses ---in
supermarkets, such as retail meat, bakery shop, etc. which are -covered.
under one Occupational License.Mr. Birken said these are accessory
uses in the supermarket. C/M Disraelly said they also have jewelry
stores listed as a use, but they are requested to take out an addi-
tional license if they state that they also repair jewelry, or if
they sell gold or silver, etc. C/M Disraelly said he had written
a memorandum to Mr. Birken about this, as he feels the latter is
charged for as many as three licenses as a merchant. He went on
to mention the different amounts that are charged to those in the
jewelry trade for fees involving different aspects of this trade.
and very often these licenses add up to as much as $200.00 ye_t.the
..... . ......... .
supermarkets doing a muchbigger business pay 15.00 as the maximum.
C/M Disraelly questioned 'accessory use' in jewelry stores.
-24- 3/26/80
tz
C/M Disraelly said it is his feeling that this situation needs
correcting. If people in the jewelry trade are charged for each
use separately, then supermarkets should pay for every type of
business they are involved in. -
V/M Massaro said they used to have many requests for Occupational
Licenses in supermarkets, and it is her belief that they have combined
what is normal for such an operation. She added that perhaps they
could do the same thing for the jewelry trade. C/M Disraelly said
in the Jewelry Exchange they all seem to be selling; however, some
repair rings, some do soldering, etc., and they are being charged
for each. V/M Massaro said it would seem to her that jewelry stones.-..
do repair work as part of their service.- and. the --might _clarify this
category by stating, Jewelry store, _jewelry. restyling,. Jewelry.rennlish,
ing, buying and selling of gold, etc.
C/W Kelch said it seems to her that part and parcel of running a
jewelry store are certain services they do. She had checked with the
City Clerk for input, and had been informed that the fees and the
establishment of procedures on licensing is something that comes
down from the State and has not been changed for years. C/W Kelch
said she would like additional information from the City Clerk as
to what the State hands down regarding licensing procedures and fees.
Mr. Birken said a freeze had been placed on occupational fee increases
in 1972 and that had not been taken off. They can waive fees or they
can reduce them.
C/M Zemel said he would like to point out to Council that the first
$50.00 of a fee is forgiven to a veteran who has a 10% compensable
disability or more. That is a State law which covers the County,
City and State. He asked if they are charging full fees to disabled
veterans? Mr. Gross said that are -charging fees to anyone who does
not tell them. Mr. Zemel asked if people are informed of this dis-
pensation and Mr. Gross said they are not. Mr. Zemel said he
would make a point to inform residents of this and other cities of
this fact.
Mr. Birken said it might be more desirable were he to reply to
C/M Disraelly's memorandum in writing, with copy to Council.
A short discussion followed that notwithstanding that Council is
discussing zoning, this question of fees to the jewelry trade and/or
supermarkets should be examined. C/M Disraelly asked why a super-
market is not required to have 6 or 9 licenses, if a jeweler has
to have 3? Mayor Falck added that in some supermarkets some areas
are leased out to different people, such as the meat, produce,
bakery, etc. Mr. Birken said if that was so, they are separate
enterprises and supposed to get their own Occupational Licenses,
and it is up to Code Enforcment to check them out.
Mr. Robinson was recognized and said he was appearing on behalf of
his son-in-law, Martin Wiener, who operates the Jay Mart Jewelers
at the Jewelry Exchange. He said that for the most part, all 34
merchants who are in the Exchange are owned and operated individually.
Mr. Robinson said those owners would have been here today, but they
would have had to close their booth to attend this meeting, but that
Mr. Simon, who is President of their Association is present. He said
that most of the people involved had gone to the City Clerk's office
as had his son-in-law who had been informed that he would need a
repairer's license and a polisher's license, although in the latter
category, he had been informed that they could find no listing.
Mr. Robinson went on to mention the different categories in jewelry
that one person might be doing, asking if they needed separate licenses
for each? He mentioned in particular, the necessity for most of the
jewelry trade people to buy gold and silver so that repairs, etc.
could be done. When questioned by the Code Enforcer, only one person
has a license to sell gold and silver, and the others had been
threatened with citations for lack of a license in this category.
Mr. Robinson said that nevertheless, there are people who are
fly -by --night operators, taking rooms at Holiday Inns, just to buy
gold and silver, and the City realizes nothing from them.
Mr. Robinson said he had been approached by his son-in-law with this
threatened violation for selling gold and silver, and he had requested
--25- 3/26/80
tz
W
the City Clerk to see if a conference could be set up with
her, the City Attorney and himself to straighten out this
situation, with a moratorium in the meantime so that Council could
study this matter.
Mr. Robinson said that perhaps Council could consider something
like a Comprehensive License for someone owning a jewelry store
such as Nero's which performs many tasks just to repair a ring,
-rhey also do watch repairing, etc. He added that Council
make these people feel that they are not criminals. That Council,
through proper channels, see to it that nothing is done until they
have a chance to study this problem and come up with a solution.
Mr. Robinson added that many people in the Jewelry Exchange are
just small business people and to charge $400.00 for many licenses
is exhorbitant. He asked that a moratorium be declared until
this can be resolved.
C/M Zemelasked if a license is being asked for eadh different
aspect in this business, i.e.,for polishing, for buying of gold
and silver, for polishing, electro-plating, etc.? Mr. Robinson
said that was so. V/M Massaro said this situation must be ap-
proached differently and she could see where it would need special
consideration and review. She felt that certain things such as
jewelry manufacturing should be spelled out more clearly, so that
they will not be in violation; however, an equitable fee must be
set for everyone. C/M Disraelly said jewelry manufacturers have
dies, heavy machinery for stamping jewelry etc., as opposed to
someone in the Exchange who might be making a single ring or tie
tack, etc. He agreed this must be clarified. V/M Massaro said
that perhaps the Code Enforcement Officer should wait until this
matter is reviewed. A short discussion took place relating to the
accessory uses in a retail jewelry store and what classification
might be added to this ordinance to cover some categories of this
trade. C/M Zemel said that at one time he had been a diamond setter,
engraver and watch maker and would set up the proper categories.
._Upon discussion of accessory uses, Mr. Birken .read, "..accessory ..
. __. _.-
uses are customarily incident to the permitted principal use."
Therefore, he said, if a permitted principal use is a retail jewelry
store and polishing or setting a ring is customarily incident to
that, or fixing a watch, there would be no problem. V/M Massaro
asked if that could be covered by saying "jewelry store/repairs and
accessory uses?" Mr. Birken said accessories are permitted for
any use that is on this list, and apparently the problem is with
the fee structure. V/M Massaro suggested that any motion made on
this item include requesting a moratorium on citations.
Mr. Morton Student was recognized and said from his knowledge of
the jewelry business,he agrees with Mr. Zemel. He went on to men-
tion that although a ring may have to be cut in order to resize it,
it would not come under jewelry manufacturing which is another
category. He suggested that jewelry manufacturing be a separate
category under the Ordinance.
C/M Disraelly said another item under business uses is the small
type of school, -such as a driving or modeling school, etc.
to be permitted in B-1 zoning, and this had been discussed
previously. He said he had received input from the then Building
Official and among other things discussed had been schools of more
than four hours a week with more than 10 students. C/M Disraelly
discussed sale of wool where teaching is an accessory use or
ceramic places where making of things also becomes an acessory use,
but there is no provision for something like a driving school,
or teaching of real estate classes, etc. C/M Disraelly said
they should address what types of schools or small businesses
are legal. V/M Massaro agreed. C/M Disraelly said he would like
the City Attorney to come up with some type of definition that
will permit schools and put them in the zoning ordinance. Mr.
Birken said they could not expand the title of the -Ordinance after
it has been advertised.
C/M Disraelly said he would respectfully request that Business
Uses Temp. Ord_ #710, be TABLED to not later than the second
meeting in April, based on the input from the Attorney
-26- 3/26/80
tz
given to him regarding jewelry, schools, and other items, and
at the same time, until that is prepared that Council advise
the Occupational"License Inspector that where there is a possible
conflict regarding items discussed today, that no penal action
be taken against these occupations, and he would so MOVE.
V/M Massaro said that she would request that the City Clerk should
outline these different categories and classifications they have
spoken of and give a copy of it to the Occupational License Inspector
and to Mr. Birken, so that they would both know what they are working
with. The maker of the motion agreed.
C/M Zeme1 SECONDED the motion.
VOTE: ALL VOTED AYE.
ITEM #12. Dr. Monroe Garfinkel - Petition #3-Z-80. Discussion
and possible action to approve a request for a limited waiver
of the parking requirements by Temp. Reso. #1566. (Public Hearing
held 3/12/80.) (See p. 23)
Synopsis of Action: Temp. Reso. #1566 not adopted.
Limited waiver for 900 parking for
entire project approved, with conditions
Site Plan to go through Planning
Commission for approval of required
number of spaces.
Mayor Falck said the PH.blic Hearing on this item had been held
March 12, 1980. Mr. Birken said'this Resolution is the revision
of same dated 3/26/80, and read it by title only. He said there
are Site Plans attached which have been submitted,and an agreement.
Mr. Birken said the agreement is the same as was submitted with
the backup material as there have been no changes to it, and had
been signed by Dr. Garfinkel.
Tape #8 C/M Disraelly said he is sympathetic to Dr. Garfinkel's problem
as it is stated that a hardship exists due to the construction of
the road. However, lie is concerned that this would be the
first approach to permit the reduction of the number of parking
spaces. He said if the building is made smaller - to 38 x 98,
there would be no shortage of parking spaces. C/M Disraelly
said he felt they might be leaving the City open for request for
anyone to waive the number of parking spaces in any future develop-
ment that might come into the City, whether it would be by number
or percentage, if they permit Dr. Garfinkel to have less parking
spaces. C/M Disraelly said the City has no criteria for waiver of
parking spaces and they have been working with a certain developer
for two years in an attempt to clarify such a situation.
Questioned by Dr. Garfinkel, C/M Disraelly explained that the build-
ing in question requires 44 spaces and he is short because a doctor
needs more parking and should another doctor come in, they would re-
quire even more. It was his belief that they might be setting a pre-
cedent if they waiW the number of spaces. However, if he cut down
the size of the building, there would be sufficient parking.
Dr. Garfinkel asked if it would help if he cut down on the amount
of space that he would use, which is 2000 sq. ft. at the present time.
C/M Disraelly said he had to do some computations. C/W Kelch asked
Dr. Garfinkel about reducing his building. Dr. Garfinkel said that
he and his architect in the last couple of years have reduced the
size of the building considerably and he is thinking of the economic
factors. C/M Disraelly said that 8000 sq. feet requires 40 parking
spaces and with ---the size -building he find. suggested, 40 spaces would
be sufficient.
V/M Massaro asked if the widening of the highway had affected this
property? Dr. Garfinkel said it took away 7 feet. Mr. Birken
asked Dr. Garfinkel if he had deeded the 7 feet or was it the
prior owner? He said that if such is of significance to Council
that might be the justification for hardship. Dr. Garfinkel said
he didn't recall if he had granted seven feet to Broward County,
-27- 3/26/80
tz
r
but this property had been sold to him as a 100 x 300 piece of
property and that was on the original survey.
Marvin Elfenbein was recognized and said he had sold this property
to the doctor. At that time he added, it was represented as being
a 100 x 300 piece of property but when they got to the closing,
and checked the legal description, it said 'less seven feet'
but it also represented that there would be no problem whatsoever
with what they wanted to do. That was the way Dr. Garfinkel had
purchased the property and it was not until the last minute that
they heard about the 7 feet. However, they did not know the size
of the building that was allowed.
V/M Massaro said at. time._of_purchase, angle parking wasn't required.
C/W Kelch agreed, saying they could use 90° parking throughout
a parking area. Mr. Elfenbein said angle parking was required
after Dr. Garfinkel purchased the property. Further, this build-
ing has been under discussion for a long time and they would do
anything within the law to comply. He said such a building would
also be a good tax base for the City. C/W Kelch said she feels
there is a basis for a hardship. V/M Massaro agreed, saying that
he would have enough parking if it were 900. C/M Disraelly said
he had suggested cutting down the size of the building to comply
with parking requirements. Tf they waive the angle parking, Dr.
Garfinkel would have to come in with a new Site Plan indicating
the changes, and would have to go through the Planning Commission.
C/M Disraelly said he would have no objections.
Upon discussion as to how best accomplish this waiver, the City
Attorney read from the City Code, adding that the bottom line
is that there is no requirement that Council have the Site Plan
in front of them when they approve the waiver. Mr. Birken said.
that the applicant has an application for a parking waiver and
Council can approve it with the condition that it be modified
to provide entire 906 parking, if that is their desire and
Council can do this by motion.
C/M Disraelly said he would have no objection to a limited
waiver for 900 parking for Dr. Garfinkel's property, and
for which they have the Site Plan with his name on. However,
the Site Plan must go through the Planning Commission for ap-
proval of required number of parking spaces and an indication
from the Doctor that there will be no other medical offices in
this building at any future time; and that all other business
uses in the building will be those allowed in the Code for parking
and occupation, and he so MOVED.
V/M Massaro SECONDED the motion.
Questioned by Mr. Elfenbein
Council is saying that they
Dr. Garfinkel asked if that
and C/M Disraelly answered
VOTE: ALL VOTED AYE.
for clarity, C/M Disraelly said that
are being permitted 900 parking.
900 would be for the entire complex
affirmatively.
ITEM #24. Exxon Service Station - Discussion and possible action
to approve an extension of the approved Site Plan for this proposed
service station to be located on N.W. 88th Avenue and Southgate
Boulevard.
Synopsis of Action: Six month extension of approved
Site Plan granted, with conditions.
Mr. Wayne Zufelt of Craven & Thompson Associates was recognized.
Mr. Zufelt said that they had an approval on the Site Plan, but
there had been a lapse of time before Exxon had approached the
City to obtain a building permit. At that point in time, it came
to light that the City did not have an approval on a portion of
the engineering drawings, and further, that
different criteria relating to engineering had been adopted.
Mr. Zufelt said that due to the fact that required items were
being taken care of, they had been asked to come in and get an
extension.
'WI•T:1a
3/26/80
tz
VIM Massaro said there were several things that would have to be
taken into consideration, for as Mr. Zufelt had indicated, the
criteria was not correct and would have meant more problems for
them as well as the City. She said she would have no objection
to extending the time period, but it would be "subject td" some
items, such as they must conform to Ord. 79-47 (which has now
become Ord. 80-26) which requires $130.00 an acre for the upgrad-
ing of the drainage system and 5% retention fee per acre involved.
VIM Massaro said she believed the acreage is .92 and they would
require .046 acres of retention and the charge is $35,000.00 an
acre. She added that the drainage would have to be modified to
comply with the criteria as it has been interpreted by the City
Engineer, Larry Keating. VIM Massaro said it also seems that
the City has received one check from Robert J. Bishop and one from
Craven & Thompson for Plan Review. The rest. of the fees that apply
were not paid nor was this project included as having had a contract
with the Utility and therefore, they would be required to enter into
a Developers Agreement with the City for the E.R.C. They had paid
$183.00 for the E.R.C. which is a minor amount compared to what is
due, and that was what had been paid by Bishop for plant capacity.
However, the City knew nothing of that,as a copy of the agreement
beink worked on then, had not been given to the City.
Mr. Zufelt asked if they had any figures as to what would be required.
A short discussion followed and C/W Kelch said there was an indication
in staff comments of a fee of $1729.60; C/M Disraelly said he would
also owe for the upgrading of drainage and retention and the cost
for the E.R.C.
C/M Disraelly said a correction would have to be made to the dumpster
because of new regulations; the sidewalk should be installed as
LHI is out of the City and it would be incumbent upon Exxon to
do this; and the large sign would have to be approved by the Beauti-
fication Committee. VIM Massaro said that a new Site Plan would
have to be done indicating the corrections, in duplicate, but that
one was for the general file and one copy for the master file and
that Mr. Zufelt would not have to appear. V/M Massaro questioned
Mr.Zufelt about the rust -free water requirement and Mr. Zufelt said
if the well is dug properly, that would be taken care of. VIM Massaro
said that if a six-month extension is granted, they must come in
to build within that time, or the plan would be null and void.
VIM Massaro MOVED APPROVAL for a six month extension for the TAMARAC_
_
EXXON SERVICE STATION, which is to be located at the S.W.corner of
Southgate Boulevard and N.W. 88th Avenue, SUBJECT TO the following
requirements:
That they comply with Or.d.80-26, which requires a 5% retention area
and if they do not provide the retention area, they would be required
to pay $35,000 an acre on the percentage of retention that was re-
quired;
They will also have to pay $130.00 an acre for upgrading of the
drainage system in general;
It will be necessary for them to come in and see the City Attorney
and consummate a Developer's Agremment for the Utility, water and
sewer hookup and Developer's--Agreement-must-be done within one
week);
_The City-wants--to-reiterate the requir-ement-for the rust free water;
Parapet to conceal the air conditioning unit.
At this point, Mr. Zufelt said the last item was already included
and marked. VIM Massaro indicated that Ms. Stuurmans should check
this with Ms. Adams.
Roger Byrd was recognized and said he was the construction engineer
for Exxon. V/M Massaro asked if he had agreed to install the sidewalk
according to the Ordinance; and that would be on 88th Avenue and
Southgate Boulevard. Mr. Byrd said that since the original developer
is no longer in the City, that they would do it but only for their
own property, and not for the entire tract. V/M Massaro said that
would be on Southgate Boulevard coming around the bend to 88th Avenue
to the south end of their property.
VIM Massaro continued her motion:
-29-
3/26/80
tz
That there be a walk-in door in the dumpster enclosure, according
to recent ordinances;
The major sign for- the service station.. -although indicated on -._the -... .
Site Plan, is not included as being approved. This would have
to come before the Beautification Committee for approval.
Developer's Agreement and the Amended Site Plan are to be brought
in to the City within one week.
Tape #9 Mr. Byrd said that regarding the Developer's Agreement, it might
take a little longer for the papers to go back and forth. V/M Massaro
said she would indicate they must be in to Mr. Birken within a week
and returned within the second week. Mr. Byrd agreed. V/M Massaro
indicated to the City Attorney that all the 'subjects to' included
in this motion be part of the agreement to be signed so that the
---ev-e__.o.pe-r does --not have to return to Council -- _
V/M Massaro added to the motion:
This extension to be automatically in effect for six months. If
at that time, the construction has not proceeded, it will be
necessary for the applicant to come back before Council so that
this subject can be reviewed.
C/W Kelch SECONDED the iaotion.
VOTE: ALL VOTED AYE.
V/M Massaro said she would further MOVE that the appropriate
Persons be AUTHORIZED to sign these agreements for the City
and they need not come back to Council, unless there is a further
problem.
C/W Kelch SECONDED the motion.
VOTE: ALL VOTED AYE.
Ms. Stuurmans at this point indicated that the elevations are
shown on the building plans. V/M Massaro asked that Mr. Zufelt
indicate on the new Site Plan that he was going to bring in,
that the parapet would conceal any air conditioning units. He
agreed.
AGENDIZED BY CONSENT
ITEM_ WEDGWOOD SURETY BOND - Discussion and possible
action. _ _._. __.
Synopsis of Action: Six week extension granted for
completing improvements under the
surety bond.
V/M Massaro said the contractor on this project had contacted her late
_ _yesterday afternoon as he needs additional time to finish what
is required as Mr. Hahn is giving him the balance of the work
and he cannot finish it in time necessary to meet the requirements
under the Surety Bond, and needs six weeks more. She said part
of the work would be .for the two swales in the triangle and the
swales in front of the property and that in the island they are
goin& to p-at in valley gutters.
V/M :Massaro MQ1 77 1 that t' is request be A"nTIROVPD.
C/M Disraelly SECONDED the motion.
Mr. Birken said he would request that Chateau Associates prepare
the necessary papers and submit them. A short discussion followed
by V/M Massaro who mentioned the problems this developer has had,
adding that she knows the contractor is an honorable man and she
is anxious that the developer do this work rather than the City,
should the developer walk away and leave the $10,000.Ov bond.
VOTE: ALL VOTED AYE.
-30-
3/26/80
tz
6t
AGENDIZED BY CONSENT
ITEM #44. Addition to Fire Station #2 - Contract. Discussion
ang Possible Action.
opsis of Action: Apelquist Construction to do needed work at
cost of $597.00.
Mayor Falck said this had been agendized at the request of the
City Manager this morning with information and a recommendation
given to Council.
C/M Disraelly said there had been previous discussion about reducing
the size of the wall on the east side in order that they get better
visibility and he agrees. He added that they now have approval from
the agent of the Treehouse Property which adjoins this. They also
have a bid of $597.00 from Apelquist. C/M Disraelly asked where
this money would come from. Ms. Stuurmans mentioned a memorandum
from the Finance Director to the City Manager, dated today, advising
that there is an available balance of $98,918.00 in the Fire Station
Construction Fund.
C/M Disraelly MOVED APPROVAL of Apelquist Construction Co. doing
the needed work, in the amount of $597.00 to come from the Fire
Station Construction Fund, work to be -a—re-duct—ion --iii-height of
two feet for a lineal distance of approximately 20 feet.
C/W Kelch SECONDED the motion.
VOTE: ALL VOTED AYE.
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS RECESSED AT 5:20 P.M.
UNTIL 10:00 A.M. Monday morning
ATTEST:
City Clerk
�l MAYOR - T
This public document was promulgated at a cost of $ 1&/
or $ 3 per copy, to inform the general public and public
officers and employees about recent opinions and considerations
by the City Council of the City of Tamarac.
-31-
APPROVED BY
CW COUNCIL Q it�9
3/26/80
tz