HomeMy WebLinkAbout1984-04-11 - City Commission Regular Meeting Minutesi -0 9
OR%
P O. BOX 25010
'TAMARAC, FLORIDA 33320
FIRST CLASS MAIL
CITY OF TAMARAC, FLORIDA
CITY COUNCIL
REGULAR COUNCIL MEETING
WEDNESDAY. APRIL 11. 1984
CALL TO ORDER: 9:00 A.M.
ANNOUNCEMENTS OF TIME ALLOCATIONS - MOTIONS TO 'TABLE --- The Chair
at this
specific
Council
time will announce those items which have been given a
time to be heard, and will entertain motions from
members to table those items which require research.
Council may
nature which
agendize by majority consent matters of an urgent
have come to Council's attention after publication.
PRESENTATIONS
rr'amarac Elementar School - Student Government Day - Pre-
sentation of Certificates of Election to Student Officials by
Mayor Kravitz and City Manager Stuurmans.
4/11 - Pg. 1
Certificates
presented to
students by Mayor
Kravitz & C/MI?r.
2. Holocaust - Presentation of a proclamation by Mayor Kravitz TABLED to 4/25.
designating April 29 - May 5, 1984, as "Days of Remembrance".
3. Parkinson's Disease Awareness - Presentation of a proclama- Proclamation was
tion by Mayor Kravitz designating the week of April 7 - 15, previously pre-
1984, as "Parkinson Awareness Week". sented.
4. Silver -Haired Legislature - Presentation of a proclamation_ b
Mayor Kravitz designating April, 1984, as "Silver -Haired
Legislature Month".
BOARDS AND COMMITTEES
5. Redistricting Committee - Discussion and possible action on:
a) Initiating the redistricting procedure as outlined by
Amendment #3 to the Charter which passed at the March 13,
1984 election. Announcement Of vacancies on the Redis-
tricting Committee.
b) Announcement of a Special Meeting of the City Council on
Wednesday, April 18, 1984, at 9:30 A.M., for City Council
appointment of four (4) members to the Redistricting
Committee.
The City Council will appoint one (1) member from each
Council District to this Committee. Persons interested in
serving on this Committee may contact the City Clerk's offic
for an application. All applications must be received by th
City Clerk on or before 12:00 P.M., noon, on Tuesday,
April 17, 1984.
The Charter Board will also be appointing one (1) member f
each District. For more information on the Charter Board
appointments, contact them at 722-5900, Ext. 59.
4/11 - Pg. 4
Proclamation pre-
sented to Sarah
Fleischman.
4/12 - Pg. 4
a) Announced
vacancies.
b) Announced
Special Meeting.
6. Board_ of Adjustment - Discussion and possible action on:
a) Acceptance of resignation of Charles N. Fox
b) Announcement of vacancy on this board.
If anyone is interested in serving on this board, please
contact the City Clerk's office for an application.
PAGE
4/T110 P 8 ACCEPTED
esignaticn.
Announces,
acancv.
7. Beautification Committee - Temp. Reso. #3067 - Discussion
nd possible action to appoint a member to this committee
tabled from 3/28/84).
8. Investment Advisory Committee - Discussion and possible
action on:
a) Appointment of members by Temp. Reso. #3068
b) Report/recommendations
(tabled from 3/28/84).
9. Commissioner of Human Relations - Temp. Reso_. #3078 - Dis-
cussion and possible action to appoint a Commissioner.
10. Board of Consumer Affairs - Temp. Reso. #3079 - Discussion
and possible action to appoint twelve (12) members.
11. Planning Commission - Tem . Reso. #3080 - Discussion and
possible action to appoint three (3) regular and four (4)
alternate members.
12. Veterans Affairs Committee - Temp. Ord. #1098 - Discussion
and possible action to create a new section in Chapter 2 of
of the Code to provide for a Veterans Affairs Committee.
First Reading.
/11 - Pg. 4
ABLED.
4/11 - Pg. 4
Reso. #R-84-98.
a) APPROVED apptmi
of 4 members;term
to expire 5/11/85
No action yet.
_4/11 - Pg. 6
TABLED to 4/12.
-4/12 - Pg. 9
,FABLED.
i4/11 - P,g. 6
!Reso. #R-84-99.
APPROVED, apptd
12 members.
4/11 - Pg. 7
Reso. #84-100.
pptd 3 regular &
alternates.
/11 - Pg. 9
PPROVED on
first Reading.
/11 - Pg. 9
13. Legal Advisory Committee - Temp. Ord. #1099 - Discussion and FABLED.
possible action to repeal Resolution 77-18 (Code Advisory
Committee) and to create a new section in Chapter 2 of the
Code to provide for a Legal Advisory Committee. First
Reading.
/12 - Pg. 4
14. Board and Committee Member Absenteeism - Temp. Ord. #1095 - APPROVED on
Discussion and possible action to amend Section 2-11.2 of First Reading.
the Code pertaining to absenteeism of appointed board and
committee members. First Reading.
CONSENT AGENDA /12 - pg. 5
PPROVED a), b),
15. Items listed under Item #15, Consent Agenda, are viewed to d) through h) .
be routine and the recommendation will be enacted by one ZEMOVED c) and
motion in the form listed below. If discussion is desired, hen APPROVED.
then the item(s) will be removed from the Consent Agenda and
will be considered separately.
a) Minutes of 3/14/84 - Regular Meeting - Approval re-
commended by City Clerk.
b) Minutes of 3/20/84 - Special Meeting - Approval re-
commended by City Clerk.
c) Alan F. Ruf - Consulting City Attorney - 4/6/84 -
$1,860.00 - Approval recommended by City Attorney.
d) Richard S. Rubin - Consultant City Planner - Services
for March, 1984 $2,722.50 - Approval recommended by
City Manager.
e) Williams, Hatfield & Stoner, Inc. - Consulting Engineer
3/19/84 - Project 2074-0, Statement 4 - $315.22 -
Approval recommended by Finance Department.
A
f)
M.
PAGE THREE
The Investment Counsel Company - Services regarding Bond
Issue for the period of 1/16/84 through 3/31/84 -
$2,049.18 - Approval recommended by Finance Department.
Establishment of Workers' Compensation First Aid Claims
Fund -w
1) Approval that $12,000.00 from line item account 001-
872-581-901 of the budget named Contingency be trans-
ferred to line item account 001-872-581-947 named
Transfer to First Aid Claims Fund.
2) Approval that $12,000.00 from line item account 001-
872-581-947 of the budget named Transfer to First Aid
Claims Fund be transferred to line item account 640-
399-001 named Transfer from General Fund.
h) Authorization to allow the City Manager to go to bid for
the installation of all or a portion of sidewalk on the
north side of Southgate Boulevard from 88 Avenue to
University Drive.
4/11 - Pg. 10
GENERAL ADMINISTRATIVE/FINANCIAL
Authorized City
Manager to go
16.
Bid Authorization -- Utilities West - Discussion and possible
action to allow the City Manager to go to bid for two (2)
to bid for 2
pumps.
sewage pumps for Lift Station #6.
17.
Utilities West - Spray Irrigation Program - Temp. Reso.
#3082 - Discussion and possible action to accept hold harm-
4/12 - Pg. 6
Reso. #R-84-106.
APPROVED.
less agreements for test wells from:
a) Colony West Championship Course
b) Woodlands Section 7 Association, Inc.
c) Woodlands Golf Association
18.
201 Plan - Temp. Reso. #3081 - Discussion and possible action
4/12 - Pg. 8
REso. #R-84-107.
to authorize the City Manager or designee to represent the
APPROVED.
City at the 201 North Regional Advisory Board.
19.
Tamarac Park - Authorization to expend funds from the Parks
and Recreation Fund for the purchase of certain capital
4/11 - Pg. 1 & 2
Added b)by cnsnt
a) APPROVED.
equipment and major park improvements.
b) APPROVED.
20.
b) Bid Award on Lights - Temp. Reso. #3097. (Agendi.zed by Consent)
Recreation Department Activities - Temp. Reso. #3061 - Dis-
Reso. #R-84-101.
4/12 - Pg. 7
cussion and possible action to authorize execution of a
lease agreement to use the facilities at Lake Colony for
TABLED to 4/25.
Recreation Department activities (tabled from 3/28/84).
4/12--Pg. 7
Reso. #84-108.
21.
Bank Signature Authority - _Temp. Reso. #3077 - Discussion and
possible action to designate City officials authorized to
APPROVED, as
amended for C/M
sign checks.
Munitz to si n.
4/11 - Pg. 3
22.
Night Council Meetings - Discussion and possible action on
Mayor empowered
holding night meetings.
to change mtgs.
C/Atty to chg
23.
Grants - Report by Vice Mayor Stein, Grants Liaison, on
Reso for Pre -
consultant's agreement. Discussion and possible action.
A ender Mt .
23:
4/11 - Pg. 12
24.
Broward Lea ue of Cities Business - Discussion and possible
TABLED.
action. 24:
4/11 - Pg. 3
- -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
No Report.
PUBLIC HEARINGS - 2:00 P.M.
25. Florida National Realty_Corporation - Petition #17-Z-83 -
Temp. Reso. #3096 - Discussion and possible action to grant a
limited waiver in accordance with Section 18-9 of the Code to
allow reduction of seventeen (17) spaces to the parking
requirements of McNab Plaza Shopping Center, 6800 N. Univer-
sity Drive, Tamarac.
4/11 - Pg. 13
TABLED until
corrected.
PAGE
FOUR
26.
Lakeside Plaza Partnership - Petition #6-Z-84 - Temp. Ord.
4/11- Pg. 15
#1091 - Discussion and possible action to rezone lands on
Ord. #0-84-12
the west side of North State Road 7, at 5401-5483 North
P. H. Held
State Road 7, from B-1 (Neighborhood Business) to B-2
a) ACCEPTED.
( Planned Business) . Second Reading.
b) APPROVED on
a) Acceptance of Affidavit of Publication and Affidavit of
Second/Final
Posting.
Reading.
b) Consideration of application.
4/11 - Pg.15&18
27.
Land Use Plan Amendment - Petition #2-LUA-84 - Tem . Ord.
APPROVED on
#1100 - Discussion and possible action to change the Land
First Reading.
Use designation of a parcel of land 400-feet in width by
400-feet in depth located on the north side of Westwood
Drive, approximately 400-feet east of Nob Hill Road, from
Institutional to Residential Medium (15 DU/AC). First
Reading.
28.
Toll Development Corp. - Petition #8-Z-84 - Temp. Ord. #1101-
4/11 - Pg.15&19
Discussion and possible action to rezone lands on the north
P.H. Held.
side of Westwood Drive, approximately 400-feet east of Nob
a) ACCEPTED.
Hill Road, from I-1 (Institutional) to R-3 (Low Density
b) APPROVED on
Multiple Dwelling) . First Reading.
First Reading.
a) Acceptance of Affidavit of Publication, Affidavit of
Mailing and Affidavit of Posting.
b) Consideration of application.
4/11 - Pg. 19
29.
Toll Development Corp. - Petition #9-Z-84 - Tem . Ord. #1102-
P.H. Held.
Discussion and possible action to rezone lands on the north
a) ACCEPTED.
side of proposed Commercial Boulevard and on the east side of
b) APPROVED on
proposed Nob Hill Road, from A-5 (Agricultural/Excavation)
First Reading.
to B-3 (General Business) utilizing the 5% flexibility rule
for commercial development in residential land use area not
to exceed 9.09 acres. First Reading.
a) Acceptance of Affidavit of Publication, Affidavit of
Mailing and Affidavit of Posting.
b) Consideration of application.
4/11 - Pg. 21
30.
Land Use Plan Amendment - Petition #3-LUA-84 - Temp. Ord.
P. H. Held.
#1094 - Discussion and possible action to change the Land Use
Ord. #0-84-13.
designation of a parcel of land 400-feet in width by 435-feet
APPROVED on
in depth located on the south side of Southgate Boulevard
Second/Final
approximately 1,320-feet east of NW 88 Avenue, from Utility
Reading.
to Low Density Multiple Dwelling. Second Reading.
31.
Flori.da Power & Li ht Company - Petition #10-Z-84 - Te��
4/11 - Pg.21&23
r Ord. #1093 - Discussion and possible action to rezone lands
P. H. Held.
on the south side of Southgate Boulevard, approximately
a) ACCEPTED.
1,320--feet east of NW 88 Avenue, from A-1 (Limited Agri-
b) APPROVED on
cultural) to R-3 (Low Density Multiple Dwelling) providing
Second/Final
for 40 residential dwelling units. Second Reading.
Reading.
a) Acceptance of Affidavit of Publication and Affidavit of
Ord. #0-84-14.
Posting.
4/11 - Pg. 22
b) Consideration of application.
land
Reso. #R-84-102
R--84-103.
-
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
a) APPROVED.
LEGAL AFFAIRS
b) APPROVED as
amended.
32.
Florida Power & Light Company (north side of Southgate
c) APPROVED,
Boulevard) - Discussion and possible action on:
Auction at 10:0(
a) Sti-au-la-ti-onr #-17- - Tem. Reso. #_3084 Covenant
A.M., Wednesday
b) Developers Agreement
5/2/84.
c) Directing the advertisement and public auction of this
4/12 - Pg•1,3&4
parcel of land which FP&L proposes to use for the site of
TReconsidered.-^
a new substation - Temp. Reso. #3085.
�No further
33. American Cablesystems - Temp. Ord. #1110 - Discussion and
possible action to amend the rates charged by this company
for cable television service. First Reading.
4/11 - Pg. 11
HELD for 4/12.
4/12 - Pg. 5
APPROVED on
Fz.rst Reading.
PAGE
FIVE
34.
Woodmont Median Maintenance - Tem . Reso. #3083 - Discussion
4/12-Pg. 8
and possible action to authorize maintenance by the City of
Reso. #84-109.
certain public landscaped medians in Woodmont by amending
APPROVED.
an earlier agreement.
4/12 - Pg. 8
Authorized City
35.
City Council Ex enses - Temp. Reso. #3086 - Discussion and
Attrny to pre -
possible action to establish a referendum proposing an
pare ordinance
amendment to Charter Section 4.04 "Compensation and Expenses
to establish
of Mayor and Council".
Referendum.
4/12 - Pg.9&10
36.
Armor Piercing Ammunition --- Temp. Ord. #1096 - Discussion
TABLED; recon-
and possible action to repeal Section 17-16 of the Code
sidered; then
entitled "Possession of KTW Bullets" as required by State
APPROVED on
Statute. First Reading.
First Reading.
4/12 - Pg. 10
37.
All Service Refuse Co. - Commercial Garbage Collection
APPROVED on
Franchise - Temp. Ord. #1104 - Discussion and possible
First Reading.
action to renew this franchise for one year. First Reading.
4/12 - Pg. 10
38.
_Browning Ferris Industries of Florida, Inc. - Commercial
APPROVED on
Garbage Collection Franchise - Temp. Ord. #1105 - Discussion
First Reading.
and possible action to renew this franchise for one year.
First Reading.
4/12 - Pg. 10
39.
County Waste, Inc. - Commercial Garbage Collection Franchise
APPROVED on
Temp. Ord. #1107 -- Discussion and possible action to renew
First Reading.
this franchise for one year. First Reading.
4/12 - Pg. 11
40.
Industrial Waste Services, Inc. -- Commercial Garbage
APPROVED on
Collection Franchise - Temp. Ord. #1106 - Discussion and
First Reading.
possible action to renew this franchise for one year.
First Reading.
41.
Ronkoma Corporation - Garbage Collection Fran-
4/12 -Pg. 11
_Commercial
chise - Temp. Ord. #1108 - Discussion and possible
_ p b e action
APPROVED on
to renew this franchise for one year. First Reading.
First Reading.
42.
Southern Sanitation Service - Commercial Garbage Collection
4/12 -Pg. 11
Franchise - Temp. Ord. #1109 - Discussion and possible
APPROVED on
action to renew this franchise for one year. First Reading.
First -Reading.
COMMUNITY DEVELOPMENT
43. Southgate Gardens East/Mission Lakes - Discussion and pos-
sible action on payments in connection with the Water and
Sewer Developers Agreement (tabled from 3/28/84).
44. Woodmont Tracts 68/77 - Cypress at Woodmont - Discussion
and possible action concerning the conditions regarding
approval of model sales permit renewal on 11/9/83 (tabled
from 3/28/84).
45. Woodview Tract 38 - Model Sales Facility - Discussion and
possible action to renew a model sales permit (tabled from
2/22/84).
4/12 - Pg. 11
Held for rept
frm Mayor & City
Attny after mtg
w/Gene Toll, by
next meeting.
4/12 - Pg. 12
Same as #43.
4/12 - Pg. 12
Mayor & C/Atty
to meet w/dvlpr
if dvlpr does not
appear, will be
in default.
46. Tamarac Town own Square - Revised Site Plan - Temp.R#3037 4/12 - Pg. 13
._._ ....__ __ Reso. -
Discussion and possible action on a revised site plan for TABLED at req
revisions to outparcel (tabled from 3/14/84). of C/Planner.
4/12 - Pg. 13
47. Lakes of Carriage Hills - Revised. Site Plan - Discussion TABLED at req
and possible action on review of parking shown on plan of C/Planner.
approved on 3/1/84 (tabled from 3/28/84).
48. Three Lakes Plaza - Revised Site Plan - Temp. Reso. #3041 - 4/12- Pg. 1
Discussion and possible action on a revised site plan for Reso. #84-110.APPROVED with
revisions to the parking lot ( tabled from 3/28/84) . condition.
W
49.
50.
PAGE SIX
Versailles Gardens - Model Sales Facility - Discussion and 4/12 - Pg. 13
possible action to renew a model sales permit. (APPROVED for 6
mos to 10/22/84.
Beverly Hills Cafe V - Sign Waiver - Temp. Reso. #3087 - Dis
cussion and possible action to waive the provisions of the
sign ordinance pertaining to size and color of a permanent
wall sign at Commercial Gardens Mall, 7061 W. Commercial
Boulevard.
51. Lakeside at Tamarac - Revised Site Plan - Temp. Reso. #3088
Discussion and possible action on a revised site plan for a
fence on the south property line.
52. Woodmont Tracts 74/75 - Revised Site Plan - Temp. Reso.#3090
Discussion and possible action on Revised Site Plan #2 re-
flecting as -built Recreation Building setbacks.
53. Ambassador Savings & Loan - Revised Site Plan - _Temp. Reso.
#3089 - Discussion and possible action on a revised site pla
reflecting a septic tank for a temporary trailer.
54. Woodlands Section 5 - Revised Site Plan -- Temp. Reso. #3091 -
Discussion and possible action on a revised site plan for a
screened porch enclosure at the Clubhouse.
4/12 - Pg. 13
Reso. #R-84-111.
APPROVED.
4/12 - Pg.2 & 15
Reso. #R-84-112.
APPROVED.
4/12 - Pg.2&14
TABLED, then
APPROVED.
Reso #R-84-113.
4/12 - Pg. 2
Reso. #R-84-114.
APPROVED subj to
issuance of
Health permits.
4/12 - Pg. 3
Reso. #R-84-115.
APPROVED.
55. Adult Congregate Living Facilities - Discussion and possible 4/12 - Pg. 3
action to authorize the Consultant City Planner to initiate TABLED to 4/25
the appropriate Land Use Amendments and zoning ordinances to at request of
permit these facilities to be located in the City. City Planner.
56. Kinds Point Recreational Complex - Discussion and possible
action on:
a) Release of two performance bonds posted for the sanitary
sewer and water distribution systems upon receipt of one-
year warranty bonds - Tem . Reso. #3092
b) Acceptance of the Bill of Sale for the water distribution
and sewage collection system improvements - Tem Reso.
#�nq�_
57. Signalization and Realignment of NW 61 Street - Discussion
and possible action on:
a) Acceptance of a quit claim deed from St. Malachy Catholic
Church (Archdiocese of Miami) for right-of-way - Temp.
Reso. #3094.
b) Authorization for the appropriate officials to execute an
agreement with Broward County - Temp. Reso. #3095.
58. Drainage Improvements in the City - Discussion and possible
action.
RPPnP T'q
59. City Council
60. City Manager
61. City Attorney
4/12 - Pg. 14
Reso. #R-84-116
and R-84-117.
a) APPROVED.
b) APPROVED.
4/11 - Pg. 10
Reso. #R-84-104
and R-84-105.
a).APPROVED.
b) APPROVED.
4/12 - Pg. 6
C/Engr to check
57St & 84Terr
for flooding.
I4/12 - Pg. 15
Reports Riven.
4/12 - Pg. 1.5
Report given.
4/12 - Pg. 15
No Report.
PAGE SEVEN
City Council may consider and act upon such other business as
may come before it.
Pursuant to Section 286.0105, Florida Statutes, if a person
decides to appeal any decision made by the City Council with
respect to any matter considered at such meeting or hearing,
he will need a record of the proceeding, and for such purpose
he may need to ensure that a verbatim record of the proceedings
is made which record includes the testimony and evidence upon
which the appeal is based.
CITY OF TAMARAC
�Atoe,
j(42
Carol A. Evans
Assistant City Clerk
WORKSHOP AND SPECIAL MEETING
Tuesday, April 10, 1984 - Workshop Meeting - 10:00 A.M. -
Council Chambers - Discussion on a
request by American Cablesystems to
revise certain rates charged to their
customers.
Wednesday, April 18, 1984- Special Meeting - 9:30 A.M. -
Council's appointment of four (4)
members to the Redistricting Committee
Following are the residential and commercial zoning districts in the City:
R-1 -
Single Family Residence
B-2
- Planned Community Business
R-IB &
B-3
- General Business
R-IC -
One -Family Dwelling
B-5
- Limited Business District
R-2 -
Two -Family Dwelling
B-6
- Business District
RD-7 -
Two -Family Dwelling
S-1
- Open Space/Recreational
R-3U -
Row House
I-1
- Institutional
R-3 -
Low Density Multiple Dwelling
M-1
- Light Industrial
RM-5 -
Residential Multi -Family
M-2
- Medium Industrial
Dwelling
A-1
- Limited Agricultural
RM-10 -
Planned Apartment
A-5
- Agricultural/Excavation
R-4A -
Planned Apartment
T-1
- Trailer Park District
R-5 -
Motel/Hotel
B-1 -
Neighborhood Business
CITY OF TAMARAC, FLORIDA
REGULAR CITY COUNCIL MEETING
April 11, 1984
Tape CALL TO ORDER: Mayor Philip B. Kravitz called the meeting to order
1 on Wednesday, April 11, 1984 at 9:00 A.M. in the Council Chambers.
ROLL CALL: PRESENT: Mayor Philip B. Kravitz
Vice Mayor Sydney M. Stein
Councilman Jack Stelzer
Councilman Raymond J. Munitz
Councilman John J. Dunne
ALSO PRESENT:
Laura Z. Stuurmans, City Manager
Jon M. Henning, City Attorney
Assistant City Clerk, Carol A. Evans
Secretary, Patricia Marcurio
MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Kravitz called for a Moment
of Silent Meditation followed by the Pledge of. Allegiance.
Mayor Kravitz greeted everyone present and announced the time schedule.
He said if the Agenda is not completed today, there will be a
Reconvened Council Meeting tomorrow, April 12, 1984 at 9:30 A.M.
C/M Munitz suggested copies of the time schedule be available for the
public to save time at the meetings.
GENERAL ADMINISTRATIVE/FINANCIAL
19. Tamarac Park - Authorization to expend funds from the Parks and
Recreation Fund for the purchase of certain capital equipment
and major park improvements.
SYNOPSIS OF ACTION: Agendized by Consent.
(See Page 2).
C/M Munitz MOVED to Agendize by Consent a b) portion to Item 19,
concerning Temp. Reso. #3097, Bid Award on lights for the ballfield.
SECONDED by C/M Stelzer.
VOTE: ALL VOTED AYE
PRESENTATIONS
3. Parkinson's Disease Awareness - Presentation of a proclamation by
Mayor Kravitz designating the week of April 7 - 15, 1984, as
"Parkinson Awareness Week".
SYNOPSIS OF ACTION: Proclamation
was presented previously by Mayor
Kravitz.
C/M Dunne MOVED the issuing a proclamation, SECONDED by V/M Stein.
VOTE:
ALL VOTED AYE
1. Tamarac Elementary School - Student Government Day - Presentation
of Certificates of Election to Student Officials by Mayor Kravitz
and City Manager Stuurmans.
SYNOPSIS OF ACTION: Certificates were
presented to the duly --elected students.
City Manager Stuurmans said it would be appropriate for her portion
to be the presentation of Certificates of Election
to those staff members who have been elected at Tamarac Elementary.
She said she would then turn the floor to the elected City Manager and
she will work with Mayor Kravitz in making the presentation to the
elected student officials.
- l -
4/11/84
/pm
City Manager Stuurmans introduced the elected Student Officials:
Mayor - Marcus Green
Vice Mayor - Cheri Archer
Council - District 1 - Councilwoman Barbara Dubovik
Council - District 2 - Councilman John Pellegrini
Council - District 3 - Councilman Jay Roth
City Manager Melissa Fox
City Attorney - Cheryl Vogel
Police Chief Amy Reiman
Fire Chief - Daniel Shapiro
Mayor Kravitz presented Certificates of Election to each of the
elected student officials.
19. Tamarac Park - Discussion and possible action on:
a) Authorization to expend funds from the Parks and Recreation
Fund for the purchase of certain capital equipment and major
park improvements.
b) Bid Award on Lights - Temp. Reso. #3097
SYNOPSIS OF ACTION:
a) APPROVED
b) Agendized by Consent (See Page 1),
APPROVED Tema Reso. #3097 with
expenditures to come from the Parks
and Recreation Fund.
RESOLUTION NO. R-84- / O/ PASSED.
a) City Manager Stuurmans said Council has received an extensive packet
of capital equipment and project improvements to the City park systems
and this totals an amount of $114,000 that they are asking to expend
from the Park and Recreation Fund to improve the City parks. Sharon
Ellis, Director of Parks and Recreation, said the packet before
Council is for improvements to Tamarac Park, Tract 27, completion of
Veterans Park or Cypress Creek Commons. She said the package includes
completion of projects already begun as well as the beginning of new
ones. She said the Tamarac Fitness Trail is the combined effort of
University Community Hospital, Wells Fargo and Gainfield. She said
the money is coming from the Parks and Recreation Fund which is made
up of impact fees that various developers have given to the City in
past years.
One of the students in attendance questioned what was being done to
make the softball fields better and Sharon Ellis said the outfields
are multi -used by soccer, flag football and baseball. She said part
of this package brings these facilities up to better standards and
the Recreation Department will be making additional proposals this
year to turn Tamarac Park into a baseball/softball park and Tract 27
into a soccer complex. She said this past month, Tamarac was
fortunate to host part of the Regional State Tournament and out of
that the City has received several compliments that these 2 fields
at Tract 27 are the best in South Florida. She said they just need
lights at these fields and they will be approaching Council for that
in the future. The City Manager reco= ended approval. .
Vice Mayor Stein MOVrD that the money be appropriated at this time; C/M Stelzer
SEMTDED .
VOTE: C/M Dunne
C/M Munitz
C/M Stelzer
V/M Stein
Mayor Kravitz
- 2 -
C/W
Dubovik
AYE
C/M
Pellegrini
AYE
C/M
Roth
AYE
V/M
Archer
AYE
Mayor Green
AYE
4/11/84
/pm
b) City Attorney Vogel read Temp. Reso. #3097 by title and C/M Roth
MOVED APPROVAL, SECONDED by C/M Dubovik.
VOTE: C/M
Dunne
C /W
Dubovik
AYE
C/M
Munitz
C/M
Pellegrini
AYE
C/M
Stelzer
C/M
Roth
AYE
V/M
Stein
V/M
Archer
AYE
Mayor Kravitz
Mayor Green
AYE
Mayor Kravitz said he had received over 50 personal letters from
the 5th Graders of Tamarac Elementary and he answered each of them
personally extending invitations to each to visit the Council office
for any problems or suggestions.
Sharon Ellis introduced the members of the Recreation Committee and
Student C/M John Pellegrini presented a miniature model of Tamarac
Park to the City, which was made by his mother, Mrs. Susan Pellegrini.
Mayor Kravitz said this display will be in the Parks and
Recreation Building when completed.
b) City Manager Stuurmans requested Council's authorization for the
expenditure specifically from the Parks and Recreation Fund.
C/M Munitz so MOVED, SECONDED by C/M Dunne.
VOTE: C/M
Dunne
C/W
Dubovik
AYE
C/M
Munitz
C/M
Pellegrini
AYE
C/M
Stelzer
C/M
Roth
AYE
V/M
Stein
V/M
Archer
AYE
Mayor Kravitz
Mayor Green
AYE
Student Mayor Green thanked Mayor Kravitz and Council, on behalf of
the elected Student Officials, for their assistance in showing them
how Government works.
24. Broward League of Cities Business - Discussion and possible
action.
SYNOPSIS OF ACTION: No Report
C/M Dunne said he will attend their meeting next week and will
report his findings to Council.
22. Ni ht Council Meetings - Discussion and possible action on
holding night meetings.
SYNOPSIS OF ACTION:The Mavor is empowered
to c a�tge e ime of the regular meetings
and the City Attorney will amend the
Resolution to change the Pre Agenda meeting
dates from Thursday to Wednesday.
Mayor Kravitz said he recommended night meetings for the parents of
small children or those who are employed and cannot attend the
Council meetings during the day. V/M Stein said they have tried
night Council meetings, however, he would be in favor of holding
night meetings that are required in the evening and were previously
scheduled for 5:05 P.M. at 7:00 or 7:30 P.M. C/M Munitz said he
was disappointed with the degree of participation at night meetings
especially of those people for whom the meetings were specifically
considered. He said it should be tried with proper agendizing of
those items of interest to the public.
Mollie Goldstein, resident, said she feels there was not enough
publicity for the night meetings in the past. V/M Stein MOVED that
Council empower the Mayor to call night meetings at his discretion
when the items are of such urgency that the public should attend,
SECONDED by C/M Dunne.
3 -
4/11/84
/pm
C/M Munitz suggested a Workshop Meeting on this to discuss the
agendas, backup material, publicity, etc. C/M Stelzer said he
kept a record of the night meetings which were held last year and
at the first meeting there were only 24 people present altogether.
He said only 10 people were present from the Sunflower/Heathgate
area even though there was an item on the agenda concerning the
Tape cancellation of the lawsuit with Sunflower/Heathgate. He said as
2 soon as their particular item was discussed, there were only 5
people left at this meeting. He said the other night meeting had
57 people present at the beginning and by 8:30 P.M., there were
15 people left of which 7 were regulars. He"said the only time a
night meeting should be held is if there is a specific subject that
can be publicized to interest people.
Student Mayor Green suggested a night meeting agenda contain items
concerning parks and recreation programs and activities for children.
Mayor Kravitz said, although Council has tried 2 night meetings last
year, the items on the agenda were not of an interesting nature to
the people present. The City Attorney said that under the pro-
cedures Resolution of the City Council, the Mayor has the authority
to call a night meeting if he so determines. He said if Council
wanted to pass a motion stating that the Mayor should not have
night meetings, they could do so but he already has this authority,
therefore, a motion to give him this authority is unnecessary.
Mr. Henning suggested a Motion be made directing him to amend the
Procedures Resolution stating that the regular Preagenda Workshop
Meeting should be held on Wednesday instead of Thursday and he
will prepare the proper Resolution. V/M Stein so MOVED, and he.
withdrew his previous Motion, SECONDED by C/M Dunne.
VOTE:
ALL VOTED AYE
Mayor Kravitz called a 5 minute recess to allow the children time
to leave to return to school.
4. _Silver -Haired Legislature - Presentation of a proclamation by
ayor rave z esrgna ing April, 1984, as "Silver -Haired
Legislature Month".
SYNOPSIS OF ACTION: Mayor Kravitz presented
the proclamation to Sarah Fleischman.
Mayor Kravitz presented a proclamation designating April, 1984 as
"Silver -Haired Legislature Month" to Sarah Fleischman.
BOARDS AND COMMITTEES
7. Beautification Committee - Temp. Reso. #3067 - Discussion and
Possible action to appoint a member to this committee. (tabled
from 3/28/84).
SYNOPSIS OF ACTION: TABLED
C/M Stelzer MOVED to TABLE Item #7, SECONDED by V/M Stein.
VOTE: ALL VOTED AYE
8. Investment_ Advisory Committee - Discussion and possible action
on:
a) Appointment of members by Temp. Reso. #3068
b) Report/recommendations
(tabled from 3/28/84)
SYNOPSIS OF ACTION: RESOLUTION NO. R-84-4,,F�7_�PASSED.
a) APPROVED appointing Morris Haber, Allan
Bernstein, Seymour Polster and Henry Shulman
for one year terms to expire on 5/11/85.
b) The committee has not met as yet and when
they do, Council will receive reports.
- 4 -
4/11/84
/pm
Jon Henning read Ted Reso. #3068 by title and Mayor Kravitz said
since the previous Mayor has requested that he be liaison to that
Committee and that he would have the opportunity to screen the members
he preferred on this Committee, he would continue to do this. He
recommended that instead of appointing all 5 members at this time,
so that he might proceed with the Committee, he nominated Morris
Haber, Alan Bernstein and Seymour Polster with two additional members
being appointed at a future date. V/M Stein suggested voting on
the nominees individually and he MOVED to appoint Morris Haber,
Seymour Polster and Allan Bernstein, SECONDED by C/M Dunne.
C/M Munitz questioned whether Leo Platz had applied for reappoint-
ment and Mayor Kravitz said he did not reply to a letter that was
sent asking if he wanted to be considered for reappointment. C/M
Munitz said he is impressed with the application of Henry Shulman
and he nominated him for this Committee. Mayor Kravitz said at
the present time there are two members on this Committee, Seymour
Polster and Melvin Feldman and they will continue on this Committee
until May. Mr. Henning said there may be a total of 5 and he asked
if they are going to appoint three that would be effective today
would they then allow the other two to either expire in May or be
reappointed? Mayor Kravitz said they expect to elect up to five
today, however, if three or four are elected, Council may elect
up to 5 members at a future date.
Mr. Henning suggested if Council elect more than three, the effec-
tive date of the appointment for the other two be the same. Mayor
Kravitz said they will all expire in May. He said the vote will be
either for or against all four of those nominated:
VOTE: C/M Dunne Yes - All Four
C/M Munitz Yes - All Four
C/M Stelzer said at the Preagenda Meeting he requested that Council
hold a meeting to interview all the Committee people. Mayor Kravitz
said C/M Stelzer was out of order and C/M Stelzer said he refused
to vote. Mayor Kravitz said he does not think a Councilperson has
that privilege. C/M Stelzer stepped out of his chair and Mayor
Kravitz said C/M Stelzer is to be recorded as absent.
C/M Stelzer Absent
V/M Stein Yes - All Four
Mayor Kravitz Yes _ All Four
Mayor Kravitz said the four are appointed to 5/11/85. 'Mr. Henning
suggested amending Temp. Reso. #3068 in Section 1, Line 14 to read,
"Investment Advisory Committee" inserting "for one year" and in
Section 2, Lines 15 and 16, "This Resolution shall become effective
May 11, 1984". C/M Dunne MOVED APPROVAL of Temp. Reso. #3068 as
amended, SECONDED by V/M Stein.
VOTE: C/M Dunne Aye
C/M Munitz Aye
C/M Stelzer Absent
V/M Stein Aye
Mayor Kravitz Aye
Melanie Reynolds, Charter Board member, said Council should appoint
one member from each District and Mayor Kravitz said whenever possible
they do this. Alice Norian, Charter Board member suggested Council
consider discouraging allowing Committee members to be absent during
the summer months.
- 5 4/11/84
/pm
9. Commissioner of. Human Relations - Tem2._ Reso. #3078 - Dis-
cussion and possible action to appoint a Commissioner.
SYNOPSIS OF ACTION: TABLED to the
Reconvened Meeting on 4/12/84.
Mr. Henning read the Resolution by title and Mayor Kravitz said
there has been one application received from Jack Weiner and he
recommended his appointment. C/M Munitz MOVED to TABLE this item
until more applications are received, SECONDED by C/M Stelzer.
VOTE:
C/M Dunne
Aye
C/M Munitz
Aye
C/M Stelzer
Aye
V/M Stein
Nay
Mayor Kravitz
Nay
Mayor Kravitz asked that this be Tabled to the Reconvened Meeting
on 4/12/84.
10. Board of Consumer Affairs - Temp. Reso. #3079 - Discussion and
possible action to appoint twelve (12) members.
SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-84- f f PASSED.
appointing the twelve members
listed below.
Mr. Henning read the Resolution by title and said the appropriate
effective date in Section 2 should be determined. Mayor Kravitz
said it would be April 14, 1984 to April 14, 1985. He said since
he has been liaison to this Committee,he has the recommendations of
the Chairman and Committee and he nominated the following:
Reappointments:
Harold Blank Peter Lawson Winnie Ostrum
Nat Cohen Mary DiCandia Mannie Mishkin
Mani Avidon
New appointments:
Barbara Lubin James Benenfeld Irving Lopatey
Herman Marin Lawrence Gould
C/M Dunne nominated Zeke Feldman and hearing no others, the nom-
inations were closed by Mayor Kravitz.
VOTE:
Tape C/M Dunne -
3
C/M Munitz -
Harold Blank
Nat Cohen
Moni Avidon
Irving Lopatey
Mary DiCandia
Mannie Mishkin
Peter Lawson
Lawrence Gould
Peter Lawson
Mary DiCandia
Barbara Lubin
Lawrence Gould
Harold Blank
Winnie Ostrum
Barbara Lubin
Herman Marin
C/M Stelzer: Mary DiCandia Harold Blank
Zeke Feldman Mannie Mishkin
Nat Cohen Peter Lawson
C/M Stelzer said he would only vote for these because he knew them.
Winnie Ostrum
Mannie Mishkin
James Benenfeld
Zeke Feldman
Moni Avidon
Nat Cohen
Irving Lopatey
James Benenfeld
V/M Stein: Mary DiCandia
Mannie Mishkin
Pater Lawson
Lawrence Gould
Harold Blank
Winnie Ostrum
Barbara Lubin
James Benenfeld
Moni Avidon
Winnie Ostrum
Moni Avidon
Nat Cohen
Irving Lopatey
Herman Marin
Mayor Kravitz: Harold Blank Peter Lawson Winnie Ostrum
Nat Cohen Mary DiCandia Mannie Mishkin
Moni Avidon Barbara Lubin James Benenfeld
Irving Lopatey Herman Marin Lawrence Gould
- 6 -
4/11/84
/pm
The Assistant City Clerk tabulated the votes and determined that
the first twelve names nominated were elected:
Harold. Blank Peter Lawson Winnie Ostrum
Nat Cohen Mary DiCandia Mannie Mishkin
Moni Av.i,don Barbara Lubin James Benenf_eld
Irving Lopatey Herman Marin Lawrence Gould
V/M Stein MOVED APPROVAL of Temp.�Reso. #3079 appointing those
people just read and inserting in Section 1, "for a term to expire
4/14/85" and in Section 2, "This Resolution shall become effective
4/14/84". SECONDED by C/M Mun.i.tz.
VOTE:
ALL VOTED AYE
11. Planning Commission - Temp Peso. #3080 - Discussion and pos-
sible action to appoint three (3) regular and four (4)
alternate members.
SYNOPSIS OF ACTION: APPROVED
appointing Larry Bender, Saul.
Mesinger and Martin Schoenfeld
as regular members for a term to
expire 4/15/86 and Mery Cohen,
Lynn Redfield, Lee-, Rappeport and
Morris Glicksman as alternate
members for terms to expire on
4/15/85.
RESOLUTION NO, R-84- OZ7 PASSED.
Mr. Henning read the Resolution by title and Mayor Kravitz said there
are three positions available since Arthur Gottesman and Emil.
Beutner have terms that do not expire until April, 1985. C/M
Muni.tz nominated: Herman Larry Bender, Saul. Mesinger and Martin
Schoenfeld. V/M Stein nominated Morris Glicksman and Lynn Redfield.
C/M Stelzer nominated Bernie Newman and C/M Dunne. nominated Joseph
Lubin. V/M Stein said Mr. Lubin has applied for another committee
and C/M Dunne withdrew the nomination. Mr. Henning said he is
going to recommend, based on additional information he has received
from the Florida Bar, that the members of the Legal Advisory
Committee, if it passes, have to be members of the Florida Bar
and not just members of any bar. Mayor Kravitz said the fact that
a person has applied for another committee does not mean that the
Council will accept them on that committee. C/M Dunne said under
those circumstances he would like to reconsider and reinstate Mr.
Lubin's name in nomination. C/M Stelzer said Mr. Lubin's applica-
tion ,is dated June, 1983 and he questioned if Council knew whether_
Mr_. Lubin still wants to be on this committee. Mayor Kravitz said
he has contacted him.
VOTE:
C/M Dunne:
C/M Munitz:
Larry Bender
Larry Bender
Saul Mesinger
Saul Mesinger
C/M Stelzer: Martin Schoenfeld Larry Bender
V/M Stein: Larry Bender Lynn Redfield
Mayor Kravitz: Larry Bender Martin Schoenfeld
Martin Schoenfeld.
Martin Schoenfeld
Bernie Newman.
Morris Glicksman
Lynn Redfield
The Assistant City Clerk said Mr. Bender received 5 votes, Mr.
Schoenfeld received 4 votes and there was a tie between Messrs.
Mesinger and Redfield. Mayor Kravitz said there would be a revote
on those two people.,
- 7 --
4/11/84
/pm
VOTE: C/M Dunne - Saul Mesinger
C/M Munitz - Saul Mesinger
C/M Stelzer - Saul Mesinger
V/M Stain - Saul. Mesinger
Mayor Kravitz - Saul Mesinger
Mayor Kravitz asked for nominations for alternate members and C/M
Munitz nominated Mery Cohen, Lynn Redfield, Bernard Newman and
Irving Tepper. C/M Dunne nominated Jerry Leibowitz, Lee Rappeport,
Morris Glicksman, and Joseph Lubin. C/M Stelzer_ nominated. Maurice
Meyers and Carl. Alper.
VOTF :
C/M Dunne: Jerry Leibowitz
Morris Glicksman
C/M Munitz: Bernard Newman
Mery Cohen
C/M Stelzer: Bernard Newman
Carl Alper
V/M Stein: Mery Cohen
Morris Glicksman
Moor Kravitz: 7,ynn .Redfield
Mery Cohen
Lee Rappeport
Lynn Redfield
Irving Tepper
Lynn Redfield
Irving Tepper
Maurice Meyers
Lee Rappeport
Lynn Redfield
Morris Glicksman
Lee Rappeport
The Assistant City Clerk said Mr. Redfield has 4 votes, Messrs.
Cohen, Rappeport and Glicksman each have 3.
V/M Stein MOVED APPROVAL of Temp. Reso. #3080 inserting in Section.
1 the names of the 3 regular members, Larry Bender, Saul Mesinger,
and Martin Schoenfeld for a term to expire on 4/15/86 and in
Section 2, inserting the names of the 4 alternate members: Mery
Cohen, Lynn Redfield, Lee Rappeport and Morris Glicksman for a.
term to expire 4/15/85. SECONDED by C/M Munitz.
VOTE:
AI.J.., VOTED AYE
6. Board of Adjustment - Discussion and possible action on:
a) Acceptance of resignation of Charles N. Fox.
b) Announcement of vacancy on this board.
SYNOPSIS OF ACTION:
a) ACCEPTED the resignation of
Charles N. Fox.
b) Announcement was made of a
vacancy on this board.
a) C/M Munitz MOVED ACCEPTANCE of the resignation of Charles N. Fox
on the Board of Adjustment, SECONDED by C/M Dunne.
VOTE:
ALL VOTED AYE
b) Mayor Kravitz announced that there is a vacancy on this board and
anyone interested should apply to the City'Cl.ork"s office. Mr.
Henning added that the City Coda provides that the vacancy should
be filled. within 30 days.
Martin Schoenfeld, Planning Commission member, suggested that Council
consider adding Bernard Newman as an alternate member of the Planninq
Commission because of his diligence in the past. Mayor Kravitz said
this will be taken into consideration.
8 -
4/l.l-/8n.
/pm
12. Veterans Affairs Committee - Temp Ord #1098
and possible action to
of the Code to provide
First Reading.
SYNOPSIS OF ACTION: APPROVED on
first reading.
create a new section to
for a Veterans Affairs
- Discussion
Chapter 2
Committee.
Mr. Henning read the Ordinance by title and C/M Munitz MOVED
APPROVAL of Temp. Ord. #1098 on first reading, SECONDED by C/M
Dunne.
VOTE: ALL VOTED AYE
13. Legal Advisory Committee - Temp. Ord. #1099 - Discussion and
possible action to repeal Resolution 77-18 (Code Advisory
Committee) and to create a new section in Chapter 2 of the
Code to provide for a Legal Advisory Committee. First Reading.
SYNOPSIS OF ACTION: TABLED for
further information.
Mr. Henning read the Ordinance by title and Mayor Kravitz said
Council has just received a memo from Alan Ruf, Consulting City Attorney
to ,Ion Henning regarding this Legal Advisory Committee. He said
Mr. Ruf's memo stated that he spoke with Dennis Crawley, an attorney
with the Florida Bar Association of Tallahassee discussing the pro-
posed Ordinance implementing a Law Advisory Committee. Mr. Crawley
indicated the following in the memo:
1. That this falls in the area of unauthorized practice of law
and does not fall within the area of legal ethics.
2. The attorney in charge of this area is Cathy Dixon.
3. That the Florida Bar does not give advisory opinions on un-
authorized practice of law but if the City writes to them indicating
a problem or concern, they will provide us with legal research
on the issues.
4. Probably if the members of the committee were Florida attorneys,
there would be no problem.
V/M Stein said he discussed this with the local Bar representative
and since this is an advisory committee and will not be acting in
court, it is their opinion that it is not an unauthorized practice
of law. He said many cities have the same type of advisory commi-
ttee and the City Attorney could put limitations on what this
committee's duties would be. C/M Munitz asked V/M Stein what the
difference would be between the duties of the Code Advisory Comm-
ittee as opposed to the Legal Advisory Committee. V/M Stein said
the Code Advisory Committee to date, in his opinion, has been doing
things backwards by reporting on the Code after it has been codified.
However, he said, this Committee would be reviewing the Code before
it is sent for codification. In addition, he said a lot of money
is being spent outside of the City Attorney's office because he has
a tremendous amount of work. He said there is a great deal of
legal talent within Tamarac and he cannot see why there would be
resistance to having this committee. C/M Munitz asked if this
could not be accomplished by changing what the Code Advisory Comm-
ittee does and V/m Stein said the Code Advisory Committee would only
be limited to comments on the Code.
V/M Stein said it seems absurd to have the Florida Bar Association
question the Legal Advisory Committee when they have never challenged
the Code Advisory Committee which acts on specific legal matters
which have to do with the State of Florida. V/M Stein said there
seems to be some resistance from the City Attorney but this was
intended to help him.
C/M Munitz MOVED to TABLE this item for further consideration until
more input is given, SECONDED by C/M Stelzer.
VOTE:
ALL VOTED AYE
- 9 -
4/11/84
/pm
Jack Distaldi, resident, asked why there was discussion on first
reading on an Ordinance and Mayor Kravitz explained that the
Charter stipulates that the Ordinance may be discussed and it
can be voted down or passed on first reading and vote accordingly
at the second reading. C/M Munitz said there are often amendments
made at the first reading and that is why discussion is important
at that time in case there are areas that should be changed before
the final reading.
COMMUNITY DEVELOPMENT
57. Signalization and Realignment of NW 61 Street - Discussion
and possible action on:
a) Acceptance of a quit claim deed from St. Malachy Catholic
Church (Archdiocese of Miami) for right-of-way - Temp.
Reso. #3094
b) Authorization for the appropriate officials to execute an
agreement with Broward County - Temp. Reso. #3095.
SYNOPSIS OF ACTION: RESOLUTION NO. R--84- /Df" PASSED.
a) and b) APPROVED. RESOLUTION NO. R-84-PASSED.
a) Mr. Henning read the Resolution by title. Larry Keating, City
Engineer, said Monsignor Donnelly should be commended by the City
for his assistance in having the street realigned. He said for
several years the City could not get the right-of-way on the bank
property on the west side of University Drive and Monsignor Donnelly
and the Church agreed to give the right-of-way on the other side
of the street which will allow the City to proceed at this time.
He recommended this be accepted and C/M Munitz MOVED APPROVAL of
Temp. Reso. #3094, SECONDED by C/M Dunne.
VOTE: ALL VOTED AYE
b) Mr. Henning read the Resolution by title and Mr. Keating said this
is an agreement between the City and Broward County which provides
that the County staff and equipment will do the construction for
the realignment of NW 61 St. and the City will reimburse the cost
of material used in that construction. This was negotiated between
staff and Broward County and, with Council's approval, will go to
the County Commission for their approval so that construction can
begin in approximately 60 days. C/M Dunne MOVED APPROVAL of Temp.
Reso. #3095, SECONDED by C/M Munitz.
VOTE: ALL VOTED AYE
The City Manager said there is a memo from the Finance Director to
her regarding the funding of this project. She said when the City
receives the returned executed agreement from the County, it would
be appropriate for a reintroduction of this memo to Council for the
formal appropriation of funds for the project.
Mayor Kravitz and Council thanked Monsignor Donnelly for his
assistance in moving this forward.
GENERAL ADMINISTRATIVE/FINANCIAL
16. Bid Authorization - Utilities West -
action to allow
sewage pumps for
the City Manager to
Lift Station #6.
SYNOPSIS OF ACTION: The City Manager was
authorized to go to bid for two sewage
pumps for Lift Station #6.
Discussion and possible
go to bid for two (2)
Mr. Keating said these are sewage lift stations serving the Courtyards
Condominium and while they were originally installed as temporary
facilities, one of the pumps is completely unserviceable and there is._.......
one left that must be replaced with permanent facilities.
- 10 -
4/11/84
/pm
i
L I
F I
Mr. Keating said the previous Council had questioned the item
because the service area is within the corporate limits of
North Lauderdale. He said the Finance Department gave a billing
summary which shows that the average annual billings for that
Tape area are $55,000 which included an $11,000 surcharge due to the
4 fact that they are outside the corporate limits. He said they
estimate the cost of the replacement pumps as in the area of
$6,000 and, therefore, think that the level of the account
justifies that expense.
C/M Dunne MOVED to authorize the City Manager to go to bid for
two (2) sewage pumps for Lift Station #6, SECONDED by V/M Stein.
VOTE:
LEGAL AFFAIRS
ALL VOTED AYE
33. American Cablesystems - Temp. Ord. #1110 - Discussion and
possible action to amend the rates charged by this company
for cable television service. First Reading.
SYNOPSIS OF ACTION: Held for the
Reconvened Meeting of 4/12/84.
Mr. Henning said the Ordinance is not ready at this time and he
suggested discussion be held on this item and the Ordinance will
be prepared as soon as possible. John Chapple, representative of
American Cablesystems, said effective 5/1/84, the following services
will be added to the basic cable lineup to include the following
services:
1. C-SPAN (Congressional Satellite Public Affairs Network) This is
a 24-hour service which features live coverage of the House of
Representatives.
2. National Jewish Television - A weekend service of cultural
orientation.
3. Black Entertainment Television - Nightly minority --oriented
programming.
4. The Modern Satellite Network - A daily programming service which
features information on consumer awareness issues, health,
travel series, etc.
5. Christian Broadcasting Network - A 24-hour a day service that,
in addition to religious programming, carries "Golden Age of
Television" programs.
He said there are optional services that will be added as well,
two paid television services similar to HBO will be added. He
said two services they propose to add are the Disney channel,
which is 18 hours per day of programming from Disney Productions
and Home Theatre Network which features only G and PG rated
programming. He said they recognize the need to improve the system
since certain portions of the system are antiquated and they will
be spending close to two million dollars in making these system
improvements. He said in rebuilding the cable system, the channel
capability will increase from 36 to 54 and they will be putting
stand-by generated power throughout the cable plant which will
keep them operational in portions of the plant in event of con-
ventional power loss. He said they will add a two-way transmission
capability so that they can do live remote programming thoughout
Tamarac once the upgrade is completed and it would also allow _.
receiving signals from the home for the purposes of home security
or teletex services.
Mr. Chapple said they realize the importance of communication and
they have signed a purchase agreement for a new telecommunications
telephone system that will give them traffic management analysis
for this purpose. He said they are very excited about the area of
community production or local programming. He said they have
started this and are spending $400,000 in studio equipment and are
purchasing a studio on wheels, a remote production vehicle and
recently they covered the Tamarac Street Fair and did coverage on
the bond referendum March 13th on the new City Hall.
4/11/84
/pm
Mr. Chapple said subscribers to the cable services have expressed
a desire for remote cordless converters and they will be making
that available as well. He said they are seeking a partial adjust-
ment of certain rates, they are seeking a $1.50 adjustment
to the basic monthly service. He said C/M Munitz asked him if
the company would favor an annual payment option at a discount for
subscribers and his answer was yes, there would be a 13 month free
option which would be an 8+ percent savings on an annual basis.
He said Mr. Henning brought up the point at the Workshop Meeting
that it is important that a 30 day notice be given to subscribers
and they will make sure all subscribers do receive this.
Mr. Chapple said in discussions with Mayor Kravitz concerning a
rate cap for two years, the company will agree to that stipulation.
C/M Munitz said it was discussed that there was an inconsistency
in the manner of billing within the existing franchise which he
feels should be adjusted for uniformity. Mr. Chapple said there
is no inconsistency as such, for people who only take the basic
service, without a paid television option, are billed bi-monthly.
He said if subscribers -take a paid television option, they are
billed on a monthly basis. Mr. Chapple said the Disney Channel -f
and the Home Theatre Network will be offered for $6.95 per month.
Harold H. Newman, resident, asked when these services would begin.
Mr. Chapple said the actual construction is underway in the eastern
portion of the City and certain elements have been completed. He
said they have installed a new microwave receiving facility already
and the actual construction will be completed over the next 12
months. He said these improvements will, hopefully, eliminate the
amount of time the system would be down in the event of storms.
Mr. Newman said there are times when he is without service during
storms and Mr. Chapple said if this occurs for an extended period
of time up to 48 hours, a subscriber would be entitled to a credit.
Mollie Goldstein, resident, asked if the cable services the Bermuda
Club area of the City and Mr. Chapple said yes. She said in
installing these services, problems are caused in that area. Mayor
Kravitz suggested personal problems be discussed after the meeting.
Florence Bochenek, resident, said she was please to see the local
coverage that was shown at the Workshop Meeting that was held. Jack
-D stal-di, resident, said he -has had problems getting through to
the cable office when he has a problem. Mr. Chapple said the area
in question, east of 441, is an area where the construction has
already begun and that is the reason for the temporary outages.
Mayor Kravitz said he will hold the voting on this item until Temp.
Ord. #1110 is submitted by the City Attorney.
GENERAL ADMINISTRATIVE/FINANCIAL
23. Grants - Report by Vice Mayor Stein, Grants Liaison, on
consultant's agreement. Discussion and possible action.
SYNOPSIS OF ACTION: TABLED for a
report by the City Attorney on the
advisability of hiring a grantsman
on a contingency basis.
V/M Stein said at the request of C/M Munitz, he consulted with the
City Attorney as to the present contract with Tamarac's present
Grants Consultant, Mitch Ceasar. He said the City entered into the
contract effective 11/26/83 and he recommended, along with the City
Attorney, that formal bills be submitted each month, which has not
been done prior to this. He said the City has an absolute right to
cancel the agreement upon a motion and 3 affirmative votes and the
cancellation shall become effective 60 days thereafter. He said he
has made some suggestions that since there has been a diversified
opinion as to what the consultant has done for the City, the con-
sultant should work on a contingency basis in the future. He said
the City Attorney will check to see if this is legal and, if this
is favorable with Council, they will pursue this further.
12 -
4/11/84
/pm
C/M Munitz asked if this should necessitate voiding the original
agreement and Mr. Henning said yes, it would require an amendment
to the agreement and there is a 60 day provision for cancellation
but both sides could agree to waive the 60 day period if they would
agree to amend the agreement With Other terms. Mayor Kravitz asked if
it is permissible to be on a contingency basis and Mr. Henning said
he does not know but is researching this. C/M Munitz said there
will be a bill and a formal report at the end of each month and he
asked if a contingency basis would mean a percentage value of the
grants. V/M Stein said yes. C/M Munitz asked if there is an actual
need for a Grants Consultant and V/M Stein said after consulting
with with representatives of the State, he feels it is a difficult
thing for the average person to get. C/M Dunne said the grants
obtained to date seem to have been considerable.
V/M Stein said if it is legal to have a Grants Consultant on a
contingency basis, he would ask Council to direct him to continue
further negotiations with the present Consultant and return to
Council with a report. C/M Stelzer asked if the $70,000 that was
directed to the University Drive widening was part of the grant
that the City was entitled to and Mitch Ceasar said when he con-
tacted the DOT people, they explained that the grant was
approximately $110,000, some was expended for the widening work.
He said they agreed to transfer the $70,000 over to the design
aspect for University Drive.
Harold H. Newman, resident, asked how much money has been brought
to the City in the past year through Grants and V/M Stein said
$193,000. Sam Pizzarello asked how much of this Grants money would
have been available to the City without a Grantsman and C_/M Munitz
said he has not seen a report stating the total figure for 1983 as
Tape $193,000. C/M Stelzer said Council received a memo from Mitch
5 Ceasar dated 11/11/83 which gives all the Grants he received for the
City from 1980 to the present and he bracketed the items for 1983
which totalled $193,000. He said this memo is in Council files.
V/M Stein MOVED to TABLE this item until Council receives a report
from the City Attorney so that he can give a report as to the
advisability of hiring a grantsman on a contingency basis. SECONDED
by C/M Munitz.
VOTE:
ALL VOTED AYE
MEETING WAS RECESSED TO 2:00 P.M. FOR LUNCH.
MEETING WAS CALLED TO ORDER AT 2:00 P.M., ROLL CALL WAS TAKEN AND
ALL WERE PRESENT.
PUBLIC HEARINGS
25. Florida National Realty Corporation - Petition #17--Z-83 -
Temp. Reso. #3096 - Discussion and possible action to grant a
limited waiver in accordance with Section 18-9 of the Code to
allow reduction of seventeen (17) spaces to the parking
requirements of McNab Plaza Shopping Center, 6800 N. University
Drive, Tamarac.
SYNOPSIS OF ACTION: TABLED any further
consideration to this petition until
all existing deficiencies have been
corrected.
V/M Stein read the Resolution by title and Mr. Rubin said the appli-
cation was submitted approximately 8 months ago and was based upon
the recommendation of the Zoning Department that the applicant's
request for a new tenant for the shopping center would regVire more
...................... ...
parking spaces than the center had to provide.
- 13 -
4/11/84
/pm
Mr. Rubin said the applicant was advised that the only way they
could ob ain e.rmisi n
or tni�s new tenant was to ---obtain a waiver to the parking
in which Council would review each situation and determine on its
own merit whether the parking is adequate to comply with Code. When
this site plan was approved in 1979, the total floor area was 79,340
square feet and required 407 parking spaces. The parking requirement
at the time of site plan approval is based on a rule of one car for
every 200 square feet of commercial floor area. As the applicant
leased space and request of Occupational Licenses came in, the
Zoning Department reviewed each application on its own merit and
based upon their current tenants, there is a lack of 17 parking
spaces in the center. He said the applicant is requesting a limited
waiver to permit leasing the last bay and the Planning Commission
heard this several times last fall. He said at that time the
Planning Commission informed the applicant that there were beautifi-
cation items, debris, storage and general decay of the landscaping
that should be corrected. He said they have met with the manager
of the center and some corrections were made but a visual inspection
reveals that the landscaping no longer complies with the minimum
Code standards. He said based upon this observation, the Planning
Commission, at its 3/21/84 Public Hearing, recommended denial of
the limited waiver and suggested that the Council should take
immediate steps to insure Code compliance by the owners of the center.
The applicant's attorney, Jerry Biondo, said when the shopping center
was bought in 1979, they were told by the City Planner that they were
in compliance and since that time only one tenant has required a
higher parking ratio. He said since 1979 either the Code has changed
or the interpretation of the Code has changed. He said one item
concerns handicapped parking which at one time were included in the
required number of spaces. He said this creates a hardship since
they have not really increased the number of tenants. He said they
have striped the area, repaired the fences and landscaped, although
more landscaping is needed. He proposed that if the waiver were
granted, they would post a bond to insure the City that landscaping
would be brought up to Code. C/M Stelzer asked Mr. Biondo if he
ever tried to park there during the day and Mr. Biondo said the
City Planner had suggested a requirement be imposed on the tenants
that all tenants and their employees park in the rear of the center
and he would have no problem with that.
Mayor Kravitz asked the City Planner for his recommendation and he
said he would recommend granting the limited waiver with the condition
that all future leasable areas must be to those uses that require
1 to 200 parking requirements and that the applicant post a bond
before this waiver becomes effective. V/M Stein said the record
should show that the City Planner has requested this bond before Council
consider the waiver. Mr. Biondo said they will voluntarily
post a bond to assure the City that they will comply with the
requirements. Mayor Kravitz opened the public hearing.
Martin Schoenfeld, Chairman of the Planning Commission, said the
objections of the Planning Commission concerned the dumpsters as well
as the landscaping and other beautification. Morris Kozen, resident,
said a hearing of this type should require a notice to the residents
of the area. He said it was the policy of the previous Council that
when an applicant appeared with defects on his premises, he would
not receive approval until the situation was resolved. Mayor
Kravitz closed the public hearing with no further response.
C/M Munitz MOVED to TABLE any further consideration to this petition
until all existing deficiencies have been corrected, SECONDED by
C/M Stelzer
VOTE: C/M Dunne
Aye
C/M Munitz
Aye
C/M Stelzer
Aye
V/M Stein
Nay
Mayor Kravitz Nay
- 14 -
4/11/84
/pm
26. Lakeside Plaza Partnership - Petition #6-Z-84 - Temp. Ord.
#1091 - Discussion and possible action to rezone lands on
the west side of North State Road 7, at 5401-5483 North
State Road 7, from B-1 (Neighborhood Business) to B-2
(Planned Business). Second Reading.
a) Acceptance of Affidavit of Publication and Affidavit of
Posting.
b) Consideration of application.
SYNOPSIS OF ACTION: Public Hearing ORDINANCE NO. 0-84-PASSED.
was held.
a) ACCEPTED Affidavits of Publication and
Posting.
b) APPROVED Temp. Ord. #1091 on second
and final reading.
a) Mayor Kravitz asked the City Clerk for verification that the
Affidavits have been received and she verified this. V/M Stein
MOVED ACCEPTANCE of the Affidavits of Publication and Posting,
SECONDED by C/M Munitz.
VOTE: AJA-.., VOTED AYE
b) The City Planner said the zoning for a shopping center on 441
should be for a community and not just a neighborhood, therefore,
tie has recommended the rezoning to B--2. Mr. Henning read the:
Ordinance by title and Mayor Kravitz opened the public hearing.
The public hearing was closed with no response.
V/M Stein MOVED APPROVAL of Temp. Ord. #1091 on second and final
reading, SECONDED by C/M Mu.nitz.
VOTE:
Al' I, VOTED AYE
27. Land_ Use Plan Amendment - Petition #2-LUA-84 - Temp. Ord.
41100W- Discussion and -possible action to change the Land
Use designation of a parcel of land 400-feet in width by 400-
feet in depth located on the north side of Westwood Drive,
approximately 400-feet east of. Nob Hill Road, from Insti..tut.ional
to Residential Medium (1.5 DU/AC). First Reading.
SYNOPSIS OF' ACTION: Discussion
was Meld (See Page 18).
a) Mr. Henning read the Ordinance by title and C/M Stelzer asked the
City Attorney if there might be a conflict of interest since it is
public knowledge that Mr. Toll has a lawsuit against V/M Stein
pondi_ng. Mr. Henning said if there is a conflict of interest his
understanding is that at the conclusion of any voting a notice would
be placed of the conflict of interest which is filed in the Court-
house of Public Records. Mr. Henning said the Vice Mayor has to
determine whether or not there is an influence here. V/M Stein
said he does not think it is necessary to make any comment.
Mr. Rubin said there are 2 applications by Mr. Toll on this item,
a Land Use Plan Amendment and a rezoning. Mr. Henning said since
Items 27 and 28 are related they could be discussed together as
long as the vote is clarified.
28. Tol.l, Development Corp. - Petition #8-Z-84 - Temp. Ord._#1101 -
Discussion and possible action to rezone lands on the north
side of Westwood Drive, approximately 400-feet east of Nob
Hill Road, from I-1 (Institutional) to R-3 (Low Density
Multiple Dwelling). First Reading.
a) Acceptance: of Affidavit of Publication, Affidavit of
Mailing and Affidavit of Posting.
b) Consideration of application.
4/11/84
/pm
SYNOPSIS OF ACTION: Public Hearing
was hefd_. (See Pages 15, 17, 18 & 19).
Mr. Henni.ng read 'romp. Ord. 41101 by title and Mr. Rubin said the
applicant. has requested placing 56 residential units on 4 acres
of land located in the western portion of Tamarac. He said the
site is surrounded by single family homes on the south, multiple
family homes arc proposed on the north and multi family zoning to
the east with commercial zoning to the west. He said the- City
Planner's recommendation is that a residential land use here would
be appropriate. He said the zoning on the property is I-1 and
the applicant is requesting a rezoning to R-3 and there are several
items to be discussed:
1. There will be a time when the project
will be reviewed for site plan approval. in order to obtain a
building permit. He questioned what the zoning standards are
that this gentleman should comply with, the R-3 of the County
or the R-3 of the City. He said the applicant's density is 1.4
units per acre requested and the, City's R-3 maximum density
permitted per acre and the County would allow the 14 units per
acre zoning. He said if Council approves the application, it
should. be noted that it would be the County's R-3 for which he
is applying.
2. Setbacks and developmental standards - Mr.. Rubin questioned
whether they use the City or County's R--3 standards.
3. The applicant ha.s submitted a site plan which in many ways dither
equals or exceeds the City's standards. He said if the applicant.
wishes to agree with the general standards of setbacks, heights,
density, etc. included in this chart than they might have reached
a solution.
4. The 56 units to be found to assign to this parcel - lie said
in 1979, Land Sections 4, 5 and 6 were reviewed. by the County
Commission because the amount of units the City felt that
Leadership and the landowners in this area were entitled to
exceeded the County's Land Use Plan. He said there was a
question whether those units should be permitted by vested
rights or whether they should be removed. He said the Commission
agreed to allocating the additional. 2,000 units to that area
with this site being identified for T-1., therefore, if Council
should approve the Land Use Plan amendment the Planning Council.
will probably feel the City does not have. 56 units to give to
this property. Ile said there has been a review of the western
area of the City and there are 2 tracts of land that have been
developed with less density than permitted'by the Land Use
Plan and there is a possibility that those unused units could
be transferred onto this property. He said the final determin-
ation must be made by the Broward. County Planning Council.
Mayor Kravitz asked if there were any monies due on this property
and Mr. Rubin said he is not familiar if there are any liens on it
but there are no agreements pending such as Water and Sewer, etc.
Tape Mr. Rubin recommended approval if Council. and Mr. Toll can find
6 an agreeable area. C/M Munitz asked for clarification on this and
Mr. Rubin said:
1. That the City agrees to transfer 56 units in any way possible
to the tract of land.
2. That the R-3 zoning granted to the applicant should be under the
County's R-3 to permit the 14 units per acre.
3. That the standards of development, that is the setbacks, density,
volume, etc. should be equal to or exceed the drawing that is
submitted as backup on this agenda.
4. If Council allows the developer to develop under current standards,
he will be able to enjoy the fees included in the original court
order.
- 16 -
4/11/84
/pm
Mr. Rubin said Council could discuss the additional. fees required
today, however, that item is based upon the wishes of the community
riot the type of use that should be placed on the property. C/M
Muni.tz referred to Mr. Rubin's memo of 4/2/84 concerning the fees
and Mr. Rubin said the fees, if based upon the 1976 court order,
are $95 per unit or $5,320. He said if it is based on the 1973
court order he is uncertain if there are any rec fees that can be
obtained. Mr. Henning said the court order states that the re-
creation fees of $95 per unit and the other number would be the
present recreational fees which would compute to total $21,756.
(See Attachments 1, 2 and 3).
Mr. Henning said he thinks at the mini.mum,the City would be
entitled to $95 per unit regardless of the rezoning standards.
Myles Tralins, attorney for Mr. Toll, said the $95 that is referred
to is part of the stipulation that was entered into in 1976 which
did not cover properties of land that were not owned by the parties
who entered into it. He said at that point of time, Tract 41 was
owned. He said if it is viewed from a technical standpoint, the
$95 is not applicable to this parcel, however, he said Mr. Toll
said as far as Mr. Rubin's recommendations, the payment of $5,320,
the compliance with the setbacks and the other criteria set forth
on Page 3 of Mr. Rubin's memo, are all acceptable. He said
under the provisions of the City's Ordinances, Section 7-7 per-
taining to the processing of development projects, the Council has
the authority to accept the site plan as a precise plan along with
the zoning application and request for a Land Use amendment.
Mr. Henning said Mr. Toll is offering the $95 per unit for the
recreation fee and the specifications of the chart which is
attached to Mr. Rubin's memo (See Attachment 3). Mr. Henning said
there is still, a density question and in light of that it would
have to be R-3 as provided in the County Code in 1973. He said
a copy of that would be attached to this Ordinance, otherwise,
the City is unable to zone it R-3 with 56 units because of the 10
unit per acre maximum under present Tamarac R-3 standards. He
said the only other alternative would be to pick another zoning
standard in the present City Code that would accommodate that.
He said with the recreation fee, the conceptual approval of the
concept site plan and the approval of the specifications in Mr.
Rubin's chart (Attachment 3), there would be rezoning pursuant
to the 1973 County Code with the exception of any stipulations
that may apply to this land pursuant to the Leadership Housing
vs. City of Tamarac case.
Mr. Tralins said this was correct and the only addition would be
that the concept plan would be modified by the setback recommend-
ations Mr. Rubin has recommended. V/M Stein asked if the R-3
zoning is used, why are they not at 10 units. He asked if there
were a court order directing the City to rezone and Mr. Henning
said no, there is no legal obligation for the City to rezone from
Institutional to Residential. He said the City Council must
determine what is in the best interests of the community. He said.
if it does remain Institutional, the County standards require a
10 acre minimum parcel for development of institutional land. He
said the City has no minimum lot size and the 4 acre would not be
a problem if it were developed under City Code.
V/M Stein said he has no objection to changing the rezoning to
residential but he did not see why the R-3 zoning of the City should
be changed. Mr. Henning said one of the stipulations states that
landowners are authorized under the court order to make rezoning
applications to the City Council, it does not state whether or not
the rezoning applications would be under present standards or old
County standards. Mr. Tralins said the surrounding properties that
are zoned multifamily are developed 15 units to the acre.
- 17 -
4/11/84
/pm
Mr. Tralins said the court order for determination dated 8/27/76
stated that if an owner of property desires rezoning and this is
appropriate, all provisions of the court's order on the motion for
clarification, also dated 8/27/76, "shall continue to apply to
such lands". He said it is their opinion that as a result of that,
the fact that an application for rezoning is made has no affect
on the order itself.
Mayor Kravitz opened the public hearing. Myles Tralins said there
is a fourth alternative which is that the Council could elect to
place a zoning designation of R-4A on the property which would be
subject to the court orders. C/M Munitz asked Mr. Tralins if they
would be willing to change their R-3 request to an R-4A request.
Mr. Tralins said as long as it is subject to the court order, it
does not make any difference. C/M Munitz asked the City Attorney
if there was a legal problem with this and Mr. Henning said he
does not think there is a legal problem.
Florence Bochenek, resident, said her property abuts this property
being discussed and speaking for herself as well as her neighbors,
they are anxious to see this developed by Mr. Toll. Irving Lopatey,
resident, said he has not heard where the Council is being guided
by the Planning Commission's recommendations on this item. Martin
Schoenfeld, resident, said he does not know if the zoning can be
c}'iar ap_(9 from R-3 to R-4A because the law states that you may have a
less intensive use but a more intensive use might create problems.
He said the City is under no obligation to rezone and Mr. Toll is
under no obligation to accept any other zoning than for which lie
has applied. He said if Council agrees to rezone this for Mr.
Toll's benefit, he feels Mr. Toll should be flexible enough to
comply with the City's current Ordinances. Arthur Gottesman,
resident, said as a member of the Institute of Environmental
Sciences, he is concerned with the overcrowding condition already
existing in the City. He said by placing 56 more units on 4 acres,
the present environment will be overburdened. He said the area
adjacent to this is 10 acres which they hope to use as condominium
housing in the future. Ile said the Planning Commission denied this
petition. Harold H. Newman, resident, asked what the zoning on
the nearest property to this is and Mr. Rubin said according to
the 1976 stipulation, F & R 's project is zoned R-3U under Broward
County zoning which was developed at 15 units per acre. Mr. Newman
said this development would be an asset to this area of the City.
Morton Student, resident, said he is against any rezoning but feels
a church or other institution should be put there.
Mr. Henning said under the City Code all residential zoning class-
ifications, as well as the Institutional classification, provides
for churches and temples, etc. He said by rezoning this they would
not be prohibiting those types of institutions from being built.
Florence Bochenek, resident, said the residents of Section 21 deserve
something attractive at this location. Mayor Kravitz closed the
public hearing and voting was held on this item.
27. Land Use Plan Amendment - Petition #2-LUA-84 - Ted. Ord.
#1100 - Discussion and possible action to change the Land
Use designation of a parcel of land 400-feet in width by
400-feet in depth located on the north side of Westwood
Drive, approximately 400-feet east of Nob Hill Road, from
Institutional to Residential Medium (15 DU/AC). First Reading.
SYNOPSIS OF ACTION: (See Page 15).
APPROVED Temp. Ord. #1100 on first
reading.
V/M Stein MOVED APPROVAL of Temp. Ord. #1100 on first reading,
SECONDED by C/M Dunne.
VO'I L : ALL VOTED AYE
- 18 -
4/1.1/84
/pm
7
E_J
28. Toll Development Corp. - Petition #8-Z-84 - Temp. Ord. #1101 -
Discussion and possible action to rezone lands on the north
side of Westwood Drive, approximately 400-feet east of Nob
Hill Road, from I-1 (Institutional) to R-3 (Low Density
Multiple Dwelling). First Reading.
a) Acceptance of Affidavit of Publication, Affidavit of
Mailing and Affidavit of Posting.
b) Consideration of application.
SYNOPSIS OF ACTION: (See Pages 15, 17, & 18).
a) ACCEPTED Affidavits of publication, mailing
and posting.
b) APPROVED on first reading as amended.
a) Mayor Kravitz asked the Assistant City Clerk for verification of
all three Affidavits and she verified that she had them all. V/M
Stein MOVED APPROVAL of the Affidavits of Publication, Mailing and
Posting, SECONDED by C/M Munitz.
VOTE: ALL VOTED AYE
b) C/M Munitz said development in the City is based on compromise and
he said he joins the Vice Mayor in favoring the rezoning but he
said unless they can receive some clarification as to which zoning
the are looking for, he is confused. Mr. Henning said Council
could address itself to R-4A as it exists in the City Code today
with the provision that the stipulated court orders from Leadership
Housing vs. City of Tamarac case would apply. He said the $95 per
unit recreation fee would apply and the transferred units would be
limited to 14 per acre and not 15 because that is the site plan
that has been discussed. He said they would stipulate and agree to
the specifications listed in the chart submitted by the City Planner
(See Attachment 3), and last, that the conceptual site plan would
be a condition of the rezoning and they would go through site plan
approval so that the site plan can be refiried-with staff recommend-
ations. He said if that is the case, he would suggest that Council
amend the agenda to state R-4A (Planned Apartment)
district instead of R-3 (Low Density Multiple Dwelling). He said
to explain for the record, this is not a less restrictive class-
ification because R-3 in land Sections 4, 5 and 6,as it is by the
court order, is a 15 units per acre classification and Council
has just advertised and passed a Land Use Amendment for 15 dwelling
units per acre. He said this is consistent with the Land Use
Amendment.
Mr. Henning asked Mr. Tralins for affirmation as to whether they
are going in the right direction. Mr. Tralins said subject to
Council approval, this is totally acceptable to the petitioner.
V/M Stein MOVED APPROVAL of Temp. _Ord. _#1101 as amended to read
"changed to R-4A (Planned Apartments) district"with the modifications
as sugaested.pr_ovi_d.incq that these modifications be brought to
Council in writing before the second reading. ----SECONDED- by- C/M
Munitz.
Tape
7 VOTE:
ALL VOTED AYE
29. Toll Development Corp. - Petition #9-Z-84 - Temp. Ord. #1102 -
Discussion and possible action to rezone lands on the north
side of proposed Commercial Boulevard and on the east side of
proposed Nob Hill Road, from A-5 (Agricultural/Excavation)
to B-3 (General Business) utilizing the 5% flexibility rule
for commercial development in residential land use area not
to exceed 9.09 acres. First Reading.
a) Acceptance of Affidavit of Publication, Affidavit of
Mailing and Affidavit of Posting.
b) Consideration of application.
SYNOPSIS OF ACTION: Public Hearing was held.
a) ACCEPTED Affidavits of Publication, Mailing
and Posting.
b) TABLED on first reading.
- 19 -
4/11/84
/pm
J
Mr. Henning read Temp. Ord. #1102 by title and the City Planner said
the applicant requests at the intersection of Commercial Blvd. and
Nob Hill Rd., a commercial rezoning on a parcel of land that is now
planned for residential. He said the City does have the flexibility
under its laws _ to grant commercial in this case
due to the 5% flexibility rule. He said B-3 is the most liberal
commercial zoning district, B-1 is the most restrictive and B-2
is community commercial. He said the Planning Commission reviewed
this item on 3/21/84 and it was their recommendation that it should
be rezoned commercial but ._ to B-2. He said one of
the reasons is that with the B-2 zoning there are uses that would
require special exception. He said the City Planner concurs with
the Planning Commission. C/M Munitz asked Mr. Tralins if Mr. Toll
has given any reaction to the Planning Commission's recommendation
that he go for a B-2 instead of a B-3 rezoning classification.
Eugene Toll, petitioner, said Commercial Blvd. now has the two
southerly lanes which were installed by the City of Sunrise.
He said this property is the borderline of the City limits. He said
to the east of the property is an industrial area zoned Industrial,
to the south of the property is the Sunrise Music Hall with the
land zoned Industrial in front of it, to the west of the property is
the Sludge Farm and the area which Mr. Rubin has recommended be
changed from residential to industrial. He said the quarry is just
to the south of this property and the corner adjacent to this property
is commercial. He said the Sawgrass Expressway comes through there
with an outlet and empties about 300 or 400 yards to the west of
Nob Hill Rd. and Commercial Blvd. V/M Stein asked Mr. Toll if he
would accept the recommendation of the City Planner that it be zoned
B-2 and Mr. Toll said he suggested that to Standard Oil and they
would not accept it that way. He said Standard Oil said if the City
has the right to review all of the plans they should not have to
return more than once.
Mr. Henning said the lounge and gas station proposals are allowed
under B-2 as well as B-3, the difference being that each of those
uses requires a special exception which is by Resolution after a
public hearing. He said the special exception does not have to
delay anything because it could be acquired the same time the site
plan is approved. He said special exceptions are provided for in
the Florida Statutes. C/M Munitz recommended Mr. Toll accept the
B-2 zoning with the understanding that it could be rezoned in the
future. Mr. Toll said there are 2,500 linear feet of frontage on
Commercial Blvd.. He suggested at the intersection of Nob Hill Rd.
and Commercial Blvd., the City could take 300 feet and zone that
B-3 and zone the balance B-2. Mr. Henning said this is legal and
Mr. Rubin said in the last 6 years the City has reviewed several
national oil companies placing sites within the City. He said they
have all gone through the special exception procedures and each one
has been better than the previous one. He said at this time he
could not be in favor of the B-3 rezoning today.
Mayor Kravitz opened the public hearing. Lou Vladem, resident, said
he does not remember the City Planner stating that everything west
of that property will be zoned industrial. Mayor Kravitz closed the
public hearing with no further response. C/M Stelzer MOVED to TABLE,
on first reading; SECONDED by V/M Stein.
VOTE: ALL VOTED AYE
a) Mayor Kravitz suggested acceptance of the Affidavits of Publication,
Mailing and Posting and C/M Munitz so MOVED, SECONDED by C/M
Stelzer.
VOTE: ALL VOTED AYE
- 20 -
4/11/84
/pm
Mr. Henning said he would like to make a statement for the record
making reference to Florida Statutes 11.2.3143 regarding voting
conflicts as of the 1983 Statutes. fie said it states that "no
public officer shall be prohibited from voting in his official
capacity on any matter. However, any public officer voting in his
official capacity upon any measure in which he has a personal,
private or professional interest in which inures to his special
private gain .or the special gain of any principal by whom he is
retained shall, within fifteen days after the vote occurs, dis-
close the nature of his interest as a public record in a memoran-
dum filed with the person responsible for recording the minutes of
the meeting, who shall incorporate the memorandum in the minutes".
30. Land Use Plan Amendment - Petition #3-LUA-84 - Temp. Ord.
71.094 - Discussion and possible action to change the Land-^
Use designation of a parcel of land 400-feet in width by
435-feet in depth located on the south side of Southgate
Boulevard approximately 1,320-feet east of NW 88 Avenue,
from Utility to Low Density Multiple Dwelling. Second Reading.
SYNOPSIS OF ACTION: Public Hearing ORDINANCE NO. 0-84-_PASSED.
was held and Temp. Ord. #1094 was
APPROVED on second and final reading.
Mr. Denning read the Ordinance by title and Richard Rubin said
the applicant requests -he lowest residential multiple dwelling
density which would permit between 5 and 10 dwelling units per
acre. He said staff recommends approval. Mayor Kravitz opened
and closed. the public hearing with no.response.
C/M Munitz MOVED APPROVAL of Temp. Ora. #1094 on second and final
reading. SECONDED by C/M Dunne.
VOTE: ALL VOTED AYE
31. Florida Power & Light ^Company - Petition #10-Z-84 - Temp.
Ord. #1093 - Discussion and possible action to rezone lands
on the south side of Southgate Boulevard, approximately
1,320-feet east of NW 88 Avenue, from A-1 (Limited Agri-
cultural) to R-3 (Low Density Multiple Dwelling) providing
for 40 residential dwelling units. Second Reading.
a) Acceptance of Affidavit of Publication and Affidavit of
Posting.
b) Consideration of application.
SYNOPSIS OF ACTION: Public Hearing
was held. (See Page 23).
b) Richard Rubin said both this item and Item 30 will require re-
certification before the Broward County Planning Council before
it can become effective. He said the zoning requested would allow
up to 10 units per acre and he recommended approval. Mayor Kravitz
opened and closed the public hearing with no response.
C/M Stelzer said Stipulation 1.7 as discussed in Item 32 relates to
this piece of property. He said this Stipulation states that they
will abide by all Code regulations and he said this Stipulation
should be approved first before the second reading is held. Mayor
Kravitz said further discussion on this item will be held until
Item 32 is discussed.
- 21 -
4/11/84
/pm
LEGAL AFFAIRS
32. Florida, Power. & Light Comany (_ p north side of Southgate
-
Boulevard) - Discussion and possible action
a)
b)
c)
Stipuiation-#17- Covenant - Temp. Reso.
Developers Agreement
Directing the advertisement and public
parcel of land which FP&L proposes to
a new substation - Temp. Reso. #3085.
SYNOPSIS OF ACTION:
a) APPROVED, b) APPROVED as amended,
c) APPROVED. The auction date will be
Wednesday, 5/2/84 at 10:00 A.M.
on:
#3084
auction of this
use for the site of
RESOLUTION NO. R-84-LD,2 PASSED.
RESOLUTION NO. R--84-ale _l� _PASSED.
a) Mr. Henning read Temp. Reso. #3084 by title and said in reviewing
this, rather than making a stipulation to tbe;:court orders, since
this is not Leadership property, he felt a Covenant on this land
is more appropriate and more effective. Therefore, he said,
instead of. a Stipulation #17 he is proposing a Covenant which
would be a Resolution approving a Covenant concerning the develop-
ment of a four -acre tract of land owned by Florida Power & Light
Co. located on the south side of Southgate Blvd., one quarter mile
east of NW 88 Avenue, authorizing the Mayor and City Attorney to
execute said Covenant on behalf of the City of Tamarac, and pro-
viding an effective date. He said this Covenant states that any
development done on this parcel of Land would be pursuant to the
Tamarac City Code.
V/M Stein MOVED APPROVAL of Ted. Reso. #3084, SECONDED by C/M
Munitz.
VOTE: ALL, VOTED AYE
b) Mr. Henning said this Agreement was submitted at the last meeting
and the number of units must be determined. He said the maximum
allowed would be 40 and there has been some suggestion this be
reduced to 34. He said originally when this was discussed this
was considered transferred units which are dwelling units in excess
of zoning allowed. He said it is his opinion that the $2,000
charge per unit is not appropriate under these circumstances.
V/M Stein said he recommended to FP&L that they reduce the
dwelling units from 40 to 34 and they have agreed to accept this.
John Archer, FP&L representative, said they have discussed the
removal of the section of $80,000 from the Developers Agreement.
He said as far.as the total number of units, public hearings have
been held showing up to 40 units and this might be reduced at the
time of site plan submittal.. V/M Stein said he suggested reducing
the dwelling units to this amount because Council has just approved
8.4 units for Pineapple Park and this would be in conformance to
that. Mr. Archer agreed with this. Mr. Henning said this would
amend the Developers Agreement in Section 3, "40" becomes "34",
the sentence that begins "the cost of.." to the end will be stricken.
Mr. Archer said this was agreeable.
V/M Stein MOVED APPROVAL of the Developers Agreement as amended,
SECONDED by C/M Munitz.
VOTE: ALL VOTED AYE
c) Mr. Henning read Temp. Reso. #3085 by title and said this. -is a
Resolution which authorizes and directs the public sale of the
land described in the title. He said this is the north side of
the street 1,200-feet east of NW 88 Ave. He said under Section
2-9.1 of the City Code, an offer has been made of $114,000 for
this land and the City is obligated to advertise this twice and
offer it to the highest bidder.
- 22 -
4/11/84
/pm
Mr. Henning said the lowest bid accepted would be $114,000 and
this would be a public auction. He said he is suggesting in
Section 1 of the Resolution that the auction take place in the
West Conference Room of City Hall and Council may set the date
and time now.
C/M Stelzer MOVED APPROVAL of Temp. Reso. #3085. Mr. Henning
suggested the auction be held on Wednesday, 5/2/84 at 10:00 A.M.
and this was agreeable to the maker of the Motion. SECONDED by
C/M Dunne.
VOTE: ALL VOTED AYE
PUBLIC HEARING
31. Florida Power & Light Company - Petition #10-Z-84 - Temp.
Ord. #1093 Discussion and possible action to rezone lands
on the south side of Southgate Boulevard, approximately
1,320-feet east of NW 88 Avenue, from A-1 (Limited Agri-
cultural) to R-3 (low Density Multiple Dwelling) providing
for 40 residential dwelling units. Second Reading.
a) Acceptance of Affidavit of Publication and Affidavit of
Posting.
b) Consideration of application.
SYNOPSIS OF ACTION: (See Page 21). ORDINANCE NO. 0-84-1 L_PASSED.
a) ACCEPTED Affidavits of Publication
and Posting.
b) APPROVED on second and final
reading.
a) Mayor Kravitz requested verification from the Assistant City
Clerk that the Affidavits have been received by her and she
verified this. C/M Stelzer MOVED ACCEPTANCE of the Affidavits
of Publication and Posting, SECONDED by C/M Munitz.
VOTE
ALL VOTED AYE
Tape b) Mr. Henning read the Ordinance by title and suggested two amendments
8 to the title which would read "To R-3 Low Density Multiple Dwelling
under the present City Code providing for 34 residential dwelling
units".
V/M Stein MOVED APPROVAL of Temp. Ord. #1093 on second and final
reading as amended, SECONDED by C/M Munitz.
VOTE:
ALL VOTED AYE
Mayor Kravitz recessed the meeting until 4/12/84 at 9:30 A.M.
- rrlri . .
-MAYOR
ATTEST: C1 OF TA �1-&
C
720A�/_� A PROVED AT MEETING OP 3
CITY CLERK 0
cwrl
This public document was promulgated at a cost of $ ;( O or
$ per copy, to inform the general public and public
officers and employees about recent opinions and considerations by
the City Council of the City of Tamarac.
- 23 -
4/11/84
/pm
ATTACHMENT 1 Item 28 4/11/84 Mtg.
City o� CJamacac
MITER -OFFICE MEMORANDUM
MEMO TO: SITE PLAN REVIEW COMMITTEE
FROM: RICHARD S. RUBIN, CONSULTANT CITY PLANNER
DATE: APRIL 2, 1984
SUBJECT: TOLL REZONING PET #8-Z-84
REFERENCE:
As requested by the City Attorney, the City Planner has reviewed the
Tract 41 concept site plan to determine whether it complies with the
City Code. Two observations should be noted:
1. Since Toll has other projects presently pending in the City,
it is recommended the projects be reviewed together, instead'
of independently, in this manner, we will be able to hi-lite
the pluses and minuses to the City and developer and have a
better view of Toll's future developments.
2, A review of the attached analysis indicates that the major
areas of City code which Mr. Toll's developments do not
comply with city regulations are:
A
a) density
b) parks and rec fees (City $21,756.00)
c) engineering standar0s
r /
cc: Laura Z. Stuurmans, City Manager
Jon C. Henning, City Attorney
Larry Keating, City Engineer
Mayor and Council
/ia
POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS
AN EQUAL OPPORTUNITY EMPLOYER
ATTACHMENT 2 Item 28 - 4/11/84 Mtg.
• ram..' yw. w. ".►�_• �.,tiF. ;moo ,..Y`y , .J?.: �' `-, •r.l" - •+�. � �• _ - � .• � ..
w �11 A f�. i� r� "S. •
wy^ �• � r�w�u.
� •'.
a.w _ � Y ��- •�� � - � � �• � V HIV M
r•'. �'F
J-1 1 .11 1. 1 1 ju I I
AA
lot
:. i•.
•- - ' •f"• - _ -. _ ��-,w:,M: `ter-•�':� .w� .. � _. � •�
... �. .. T,%� �• �•• •� i�,�jirp.+�.. ��•e t:,r*'l +.i, ... - - . r.: 1%2�•rr..a:.•:: fir•• � �e=lir�ra(i0�l�i%i _•- . '� +•"-
ATTACIIMENT 3 Item 28 4/11/84 Mtg .
A
M
m
rM
r
b
C>
• rn
Cl)
C)
0
m
n
A
;o ran
-v m
--n
r
Ln O
�
rA-
m
C7n M0
cn o r
M
o rr
m
c=
c
M
r-
� rrri (71
Ln1-+ -�-1
L��
—4
G r
Cn N
N N
r r
Mao
y
rs
o
CCU
v
A
T—
M O A
w Ch
>
N
C2
CD
CD ><
M 7c
C) Ca
Ln
Ln C)
C)�
.n
-4
A
Ln
rn
ell
4�n
nrri
r+
O�
6-4 Ci
a —1
rn :v
C h W
:t7
W
;u G5
>
In Ln
C7
m
[] r
Ln
to m x
C) v
.
a
w
CA
O
7rC
(A
`'1
GIy
4
x
A `
Z
W
to
�
C a
z�
AC-) C) I
or
^n
Cam')
77
w
j CD N
m
w
co
tx� co-�-1
-n
Iz
CA
r
a
Ln
p
I
m
w M
p
aNr ��'f
,a
;a
m (A
_
j
Ul Ln
I
Cn
ca --I
I
1
Co
C? co ' ' Co
C� rn
n
m
m