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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. 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