Loading...
HomeMy WebLinkAbout1980-05-14 - City Commission Regular Meeting MinutesP. O. BOX 25010 TAMARAC, FLORIDA 33320 CITY OF TAMARAC, FLORIDA CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, MAY 14, 1980 CALL TO ORDER: 9:30 A.M. ANNOUNCEMENT OF TIME ALLOCATIONS - MOTIONS TO TABLE - The Chair at this time, will announce those items which have been given a specific time to be heard, and will entertain motions from Council members to table those items which require additional research. Council may agendize by majority consent, matters of an urgent nature which have come to Council's attention after publication of this agenda. TAMARAC UTILITIES - WEST 1. Operations - Status Report - Discussion and possible action. 2. Developers'_ A reements - Discussion and possible action. PRESENTATIONS/AWARDS. 3. Tamarac Elementary School -- Student Awards - Presentation to student winner of Contest jointly sponsored by the City and Summit Bank for design of the cover of the Summer Rec- reation Brochure. 4. City Photoaraa hX Contest - Presentation to five (5) winners of the City's Photography Contest. 5. American Legion - Presentation by Mayor Falck of Proclama- tion declaring May 23rd and 24th as Poppy Days in Tamarac. 6. Senior Industries - Presentation to the City of a replica of the recreation playground in appreciation of the City's cooperation extended to Senior Industries. 7. Broward Center for the Blind - Presentation by Sheila Johns, Executive Director, of the activities and objectives of this organization. BOARDS AND COMMITTEES - Appointments 8. Planning Commission -- Temp. Reso. #1609 -- Discussion and possible action to appoint three (3) regular and up to five (5) alternate members. 9. Beautification Committee - Temp. Reso. #1608 - Discussion and possible action to appoint five(5)regular and up to three (3) alternate members. FIRST CLASS MAIL I(5/14-pgs.2,3) (5/14-pg•3) (5/14-pg.3) ( 5/14--pg. 4 ) (5/14-pg.4) (5/14-pg.4) (5/14-pgs.6,7, 9) RESO.80-120 ( 5/14--pg. 9 ) RESO.80--119 PAnp Twn _ 10. Board of Consumer Affairs -- Temp. Reso. #1606 - Discussion (5/14-pg.9) and possible action to appoint twelve (12) regular members. RESO.80-117 11. Public Information Committee - Temp. Reso. #1611 -- Discus- (5/14-pg.10) sion and possible action to appoint five (5) members. ESO.80-118 12. Board of Social Services - Temp. Reso. #1612 - Discussion (5/14-pg.10) and possible action to appoint three (3) members. ESO.80-121 13. Advisory Study Commission - Temp. Reso. #1607 -- Discus--(5/19-pg-5) _Code sion and possible action to appoint five (5) regular members ESO.80-131 14. Recreation Board - Tem Reso. #1613 - Discussion and pos- (5/14--pg.1) sible action to appoint at least five (5) members. TBLD.to 5/28 15. Citizens Advisory Committee to the Community Development (5/19-Pg.5) ESO.80-130 Block Grant Program -- Temp. Reso. #1605�- Discussion and possible action to appoint at least three (3) members. 16. Consent Agenda - Items listed under Item #16, Consent Agenda(5/14-pg.5) are viewed to be routine and the recommendation will be en- (5/21-pg•1) acted by one motion in the form listed below. There will be no separate discussion of these items. If discussion is de -a) - e) Appd. sired, then the item(s) will be removed from the Consent as corrected. Agenda and will be considered separately, - j), nand ) -Appd a) Minutes of 3/31/80 - Reconvened Regular Meeting - Approval recommended by City Clerk. ) - Tabled & m) Appd. b) Minutes of 4/4/80 - Special Meeting - Approval recom- mended by City Clerk. c) Minutes of 4/9/80 - Regular Meeting - Approval recom- mended by City Clerk. d) Minutes of 4/23/80 - Regular Meeting - Approval recom- mended by City Clerk. e) Minutes of 4/14/80 -- Reconvened Regular Meeting - Ap- proval recommended by City Clerk. f) Alan F. Ruf - Consulting Attorney - 5/9/80 - $1,200.00 Approval recommended by City Attorney. g) Williams, Hatfield & Stoner - Consulting Engineer - 4/3/80 - $1,185.75 - Account #425--368-535-310 - Appro recommended by City Engineer. h) Williams, Hatfield & Stoner - Consulting Engineer - 4/3/80 - $833.38 - Account #428-371-535-552 - Approval recommended by City Engineer. i) Williams, Hatfield & Stoner -- Consulting Engineer - 4/4/80 - $4,377.35 - Account #429-371-535-622 -- Approval recommended by City Engineer. j) Williams, Hatfield & Stoner - Consulting Engineer -- 4/8/80 - $5,560.25 - Account #350-500-531; $195.00 -- Account #1-155-515-310 - total $5,755.25 - Approval recommended by City Engineer. k) Bid Authorization -- Parking lot lights for City facili- ties - Approval recommended by City Manager. 1) Bid Authorization - City Hall roof repairs - Approval recommended by City Manager. m) Bid Authorization - Roadway Resurfacing -- Approval recommended by City Manager. n) Bid Authorization - Police Department telephone/dispa security tape system - Approval recommended by City Manager. PAGE THREE. o) occupational License Fee - Refund -- to Louis B. Fisher Real Estate - for auctioneer fee erroneously charged -- Approval recommended by City Attorney and City Clerk. GENERAL ADMINISTRATIVE/FINANCIAL (5/14-pgs.10- 17. Alexander Grant & Co. - Discussion and possible action on: 12) Appd. wit costs noted a) Audit Report - FY 1979/80 b) Special Audit -- F Y 1979/80 18. Management improvement Corporation of America - Presentation (5/14-pg.6) of proposal for study of Public Works Garage Operations. TBLD.to 5/28 (5/19-pgs.6,7) 19. Public Works Department - Personnel Adjustment - Report by TBLD. until City Manager -- Discussion and possible action on deletion of receipt of bi a_Main-tenan.c-e_ Plan I1 po-sit�on. - Mi—s Item�ates --- to Item under It. #20. #20. ) 20. Bid Authorization - Public Works Department -- Discussion and (5/19-pg.7) possible action to authorize the City Manager to advertise Author.grante for janitorial service for City Hall and Utilities West. 21. Bid Award - Utilities West -- Tem . Reso. #1614 - Discussion (5/19-pg.7) and possible action to award a bid for removal of sludge DENIED lime base. 22. Budget Transfer - Group Annuity Contract - Discussion and (5/19-Pgs-5,6 possible action to~approve a transfer from the Contingency & 9) Transfer Account to G & A Outside Services in the amount of $2,000.00 Appd. 23. Professional Fee - Equitable Life Assurance Society - Dis- (5/19-pg.9) cussion and possible action to approve payment of the admin- Appd. istrative fees for the Group Annuity Contract - calendar year 1979 in the amount of $2,020.00. 24. Budget Transfer - Recreation Department - Discussion and (5/19-pg.2) possible action to approve a transfer from the Contingency (5/21-pg.2) Account to the Recreation Department for a drinking fountain Trans.Appd. at the park. 25. Tamarac Park Facilities - Fees - Temp. Reso. #1447 - Discus- (5/14-pg.1) sion and possible action to establish fees for use of park TBLD.to 5/28 facilities. 26. Recreation Department - Summer Youth Pro ram - Report, dis- I (5/19-pgs.2-4) cussion and possible action to approve this program. Trans.Appd. 27. Independence Day Celebration - Report, discussion and pos- (5/19-pg.4) sible action on Recreation Committee proposal for a 4th of DENIED July celebration. 28. Police Chief Apl2ointment -Report by City Manager, discussion (5/14-pgs.24,; and possible _action. _ ---- . - - _ __. Maclntoshs. PUBLIC HEARINGS - 2:00 P.M. (5/14-pgs.14- 29. Barry Eden - Rezoning Request - B-6 to B-1 - Petition #10-Z- 16)DENTED on 80 - Temp. Ord. #761 - First Reading. (located on the north- 1st Rdg. east corner of McNab Road and 80th Avenue). (5/14-pgs.16, 3D. Tropical Gardens Nurser - 7910 University Drive - Rezoning 17)TBLD.for Request,- B-6..to A-1 - Petition.#11-Z-80 - Temp. Ord. #762 - receipt of First Reading. (Lyons Commercial Subdivision #3 - Lot 11, info. Block 11). (5/14-pgs.17-- 31. Phoenix Company - Rezoning Re nest - R-3 to B-3 - Petition 12-Z-80 - Temp. Ord. #763 - First Reading. (located on the 120)TBLD.to 5/28 south side of McNab Road,_660 feet west of Nob Hill Road). M M 32. Gary Wishnia -- Special Exception - Petition #13-Z-80 - Dis- cussion and possible action on a request to permit a gasolin service station in a B-2 Zoning District at the southeast corner of Southgate Boulevard and University Drive. Temp. Reso. #1604. 33. Elected Officials Terms of Office - Tem12. Ord. #723 - Amends Code Section 2 by modifying the date which elected officials take office. Discussion and possible action. Second Reading 34. Business Uses - Temp. Ord. #710 - Amending Code Section 28 by establishing restrictions on various types of businesses. Second Reading. 35. Park and Recreation Site Acquisition - Temp. Ord. #742 - Amends Code Section 20 relating to park and recreation lands in RD-7, R-3 and R-4A zoning districts. Discussion and pos- sible action. Second Reading. 36. Code S112plement #4 -- Temp. Ord. #752 - Discussion and pos- sible action to adopt ^the 4th Supplement to the Code of Ordinances. Second Reading. 37. Council District Boundaries - Temp. -Ord. #754 - Amends Code Section 2 by removing the codification requirement for the boundaries. Discussion and possible action. Second Reading, PAGE FOUR. (5/14-pgs.20- 22) TBLD. for addtl. input. (5/14-pg.22) ORD.80-57 (5/14-pg.22) ORD.80-62 (5/14-pgs.22, 23) TBLD.to 5/28 (5/14-pg.23) ORD.80-58 (5/14-pg.23) ORD.80-59 38. City Council Regular Meetings - Temp. Ord. #755 - Amends Cad (5/14-pg.23) Section 2 to conform with the Charter provision of the Augus ORD.80-60 recess. Discussion and possible action. Second Reading. 39. Woodmont - Tract 47 - Vacation of Easement - Temp. Ord. #757 (5/14-pg.24) Discussion and possible action to vacate an entranceway ease ORD.80-61 ment to this tract from the golf course. Second reading. LEGAL AFFAIRS 40. Tamarac Shop2ing Center - Discussion and possible action to approve an additional extension to the site plan. 41. Broward County - McNab Road Project_ - Tem Reso. #1618 -- Discussion and possible action to approve an agreement with the County for a utility relocation on McNab Road from Uni- versity Drive east to 70th Avenue. (5/19-pg.8) �',xten.granted (5/14-pg.2) 5/21-pgs.1,2) PBLD.to 5/28 42. Broward County - Mosquito Control Program - Temp. Reso. #162 - (5/14-pg.28) Discussion and possible action to approve an agreement for RESO.80-125 aerial spraying operations. 43. South Florida Water Management District - Assignment of Cana: ResQrvations to'City - Report by City Attorney. Discussion and possible action concerning Council authorizations to further research this matter. 44. Occupational License Ordinance Amendment - Temp. Ord. #753 - Amending regulations pertaining to jewelry businesses. Dis- cussion and possible action. First Reading. 45. Setback Requirements -- Temp. Ord. #751 - Amending Code Sec- tion 28-49 by reducing rear yard setback requirements in R-2 zoning districts. Discussion and possible action. First Reading. 46. Site Plan Review Fees - Temp. Reso. #1619 for extensions of previously approved site and possible action. (5/21-pgs.2,3 TABLED (5/14-pg.28) Appd.on'lst l.dg . 5/14-pg.. 5, 26) Appd. on st Rdg. - Establishing fees (5/19-pg.f.) plans. Discussion (5/21-pg.4) RESO.80-1z2 as amended. 47. Consumer Protection Boards - Temp. Reso. #1622 - Discussion and possible action to endorse proposed Florida House of Representatives bill to allow chartered County Consumer Pro- tection Board to determine penalties for violation of certai orders of such boards. (5/19-pgs.8,9 RESO.80--129 PAGE FIVE. 48. Southern Bell - Local Measured Service Rate - Temp. Reso. (5/19-pg.1,2) �RESO.80-128 #1623 - Discussion and possible action to oppose this rate plan requested by Southern Bell to the Public Service Commis- sion. 49. Hazardous Waste Transport - Tem . Reso. #1624 - Discussion (5/19-pg•9) and possible action to urge the Public Service Commission to RFSn.80-127 prohibit vehicles from transporting hazardous chemical waste along roadways in Tamarac. COMMUNITY DEVELOPMENT 50. Spring Lake I - Discussion and possible action concerning Appd.with cond Certificates of Occupancy for this project. b)&c)AGENDZZED (See page 6) 51. Commercial Plaza - Sign Waiver - Tem Reso.. #1594 - Discus- (5/14-pgs.26, o sion and possible action on request to install one addition- / pg s. 15,16)RES0.80- al directory sign for this shopping center. 132 with cond. 52. Tamarac Paint and Wall a er - Shops of Tamarac - 8691 West (5/14-pgs.13, McNab Road - Sign Waiver - Temp_. Reso. #1603 - Discussion^ 14)To be re - and possible action on a request for a sign waiver for an viewed 5/28 additional wall sign. 53. Riverside Memorial Chapel - Discussion and possible action o :(5/14-pgs.28, 29 & 5/21--pgs. a) Site Plan 4,5) TBLD. to 5/28/ b) Landscape Plan c) Plat - Temp. Reso. #1615 (5/19-pgs.4,5) 54. Sunshine Plaza -- Discussion and possible action to approve Appd. with revised site plan for a storage room for the Publix Super- conditions market. (5/14-pgs.12, 55. Summit Bank West - Discussion and possible action on request 13 & 5/21 -pgs for a six-month extension of the approved site plan. 5,6)Six mos. extension 56. Woodmont - Tracts 55 and 61 - Bond Release - Temp. Reso. (5/14-pgs.2, #1621 - Discussion and possible action to release a warrant 27,28)RESO.80-• Letter of Guarantee posted by Toll Development. 122, 123 & 124 57. Canal. Reservation Release - Temp. Reso. #1617 - Discussion (5/19-pg.9) and possible action to release a carnal reservation on Tract RESO.80-126 A, Land Section 4, along Southgate Boulevard, approximately 170 feet east of 88th Avenue. 58. Emergency Ordinance - Temp. Ord. #764 - Discussion and pos- (5/21-pgs•6-11) sible action to enact an emergency ordinance amending Ordi- ppd. on lst nance No. 80-35 - Comprehensive Utility Regulations - to dg.as amended modify the provisions pertaining to payment of contribution charges and guaranteed revenues. (Agendized by V/M Massaro) The following agreements are being prepared to be in conformity with the proposed emergency ordinance and if sai ordinance is not enacted, Council may not choose to take action on the developers agreements: 59. Woodview - Tract 38 - Discussion and possible action to (5/21-pgs.11,14 approve a water and sewer developers agreement. (A endized BLED OM Massar 60. Concord Village I - Discussion and possible action to ap- (5/21-pg.14) prove an addendum to the water and sewer developers agree- TABLED ment. (Agendized by V/M Massaro) 61. Southgate Gardens - East - Discussion and possible action a) Site Plan b) Landscape Plan c) Vacation of Drainage Easement - Temp. Reso. #1582 d) Grant of Utility Easement - Temp. Reso. #1593 e) Grant of Canal Maintenance Easement - Temp. Reso. #1584 f) Agreement to Construct N.W. 71st Avenue' g) water and Sewer Developers Agreement (Agendized by V/M Massaro) (5/21-pgs.14,15 PAB LE D E7 1. J PAGE SIX. 62. Tamarac Gardens - Discussion and possible action on: (5/21-pg.15) a) Site Plan TABLED b) Plat - Tem . Reso. #1595 c) Water and Sewer Developers Agreement (Agendized by V/M Massaro) 63. Concord Villa e II - Discussion and possible action on: (5/21-pg.15) ABLED a) Site Plan b) Water and Sewer Developers Agreement c)Agreement on Park and Recreation Dedications (Agendized by V/M Massaro) REPORTS 64. City Council (5/19--pgs.9-11) 65. City Manager 66. City Attorney Copies of legislation to be considered are available for reviewing and purchase in the Office of the City Clerk. CITY OF TAMARAC MARILYN BERTHOLF CITY CLERK PUBLIC HEARINGS, SPECIAL MEETINGS AND WORKSHOPS a) Workshop, May 19, 1980, 2 p.m., Chambers -Further discussion of off-street parking regulations. b) Reconvened Regular Meeting - Dates for reconvened sessions have not been established as of this date except for May 21, 1980, 10 a.m., to cover Items #58 through #63. AGENDIZED BY CONSENT 67. Temp. Reso. #1627 - Establishing Water & Sewer Plan Review (5/14-pg.1) Fee - Discussion and possible action. TABLED 68. Financial Federal Savings &Loan - Discussion and possible (5/14-pg.1) action on: (5/21-Pg$-12. a) Reaffirming approval of the site plan 13,14) b) Developer's Agreement - Water and Sewer Appd.a) & b) 69. Mitch Ceasar - Grants - Discussion and possible action. (5/14-pgs.1,3, 4) Report 70. Lewin Lot Purchase (5/21--pg.1,12) Check request appd. 71. Cypress Creek Commons - Bid Authorization (5/21-pg.1,11, 12) Approved 50. Spring Lake I - b)Temp.Reso.#1628 -Warranty Deed from LHI 5/21-pg.4) for 50' Canal Row RESO.80-134 c)Temp.Reso.#1629 -Acceptance of 20' Wide RESO.80-133 Canal Maintenance Easement from LHI CITY OF TAMARAC, FLORIDA REGULAR CITY COUNCIL MEETING MAY 14, 1980 CALL TO ORDER: Mayor Falck called the meeting to order on Wednesday, May 14, 1980, at 9:30 A.M., in the Council Chambers. ROLL CALL: PRESENT: Mayor Walter W. Falck Vice --Mayor Helen Massaro Councilman Irving PR. Disraelly Councilman. Irving Zemel Councilwoman Marjorie Ketch ALSO PRESENT: City Manager, Edward A. Gross City Attorney, Arthur M. Birken Ass't. City Clerk, Carol Evans Clerk/Steno., Mimi Reiter MEDITATION & PLEDGE OF ALLEGIANCE: Mayor Falck called for a Moment of Silent Meditation followed by the Pledge of Allegiance. Mayor Falck advised that two aides of Congressman Mica will be in the Council Chambers between 10:00 and 12:00 A.M. on Thursday, May 15th. The Mayor reviewed the various items scheduled, and the time allotments on the agenda. He noted that the first recessed meeting would be on Monday, May 19, 1980, at 9:00 A.M., and the second recessed meeting will be on Wednesday, May 21, 1980, at 10:00 A.M. BOARDS AND COMMITTEES 14. Recreation Board - Temp. Reso. #1613 - Discussion and possible action Tape to appoint at least five (5) members. Side #2 - AND - GENERAL ADMINISTRATIVE/FINANCIAL 25. Tamarac Park Facilities -- Fees - Temp. Reso. #1447 -- Discussion and possible action to establish fees for use of park facilities. SYNOPSIS OF ACTION: Tabled to the 5/28/80 meeting C/M Zemel MOVED to table Items #14 and #25 to the next regular meeting of May 28, 1980, and C/14 Disraelly SECONDED. VOTE: ALL VOTED AYE. 67. Temp. Reso. #1627 - Establishing Water and Sewer Plan Review Fee - Discussion and possible action. SYNOPSIS OF ACTION: AGENDIZED BY CONSENT V/M Massaro MOVED to AGENDIZE BY CONSENT a resolution establishing water and sewer plan review fees, and C W Ketch SECONDED. VOTE: ALL VOTED AYE. 68. Financial Federal Savings & Loan -- Discussion and possible action on: a) Reaffirming approval of the site plan b) Developer's Agreement - Water and Sewer SYNOPSIS OF ACTION: AGENDIZED BY CONSENT V/M Massaro MOVED to AGENDIZE BY CONSENT Financial Federal Savings and Loan, a) Reaffirming approval of the site plan, and b) Water and Sewer - Developer's Agreement, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. 69. Mitch Ceasar - Grants - Discussion and possible action. SYNOPSIS OF ACTION: AGENDIZED BY CONSENT (See pages 3 & 4 ) -1- 5/14/80 mr/ C/M Zemel MOVED to AGENDIZE BY CONSENT the item of Mitch Ceasar, for discussion of grants, and C/M Disraelly SECONDED. VOTE: ALL VOTED AYE. COMMUNITY DEVELOPMENT 56. Woodmont - Tracts 55 and 61 - Bond Release - Temp. Reso. #1621-a)Dis- cussion and possible action to release a warranty Letter of Guarantee posted by Toll Development, b) Acceptance of public improvements - Release of the Bonds. SYNOPSIS OF ACTION: b) Acceptance of public improvements - AGENDIZED BY CONSENT (See pages 27 & 28) V/M Massaro MOVED that subsection b) be added to the item, for Release of the Bonds, and C/W Kelch SECONDED to AGENDIZE BY CONSENT. VOTE: ALL VOTED AYE. LEGAL AFFAIRS 41. Brow_ard County - McNab Road Project - Temp. Reso. #1618 - Discussion and possible action to approve an agreement with the County for a utility relocation on McNab Road from University Drive east to 70th Avenue. SYNOPSIS OF ACTION: To be considered 5/21/80. Mr. Gross recommended to hold this item for consideration at the recessed meeting of 5/21/80, because an Agreement has not been presented. The City Attorney indicated that Items #29, #30 and #31 were rezonings, and required Development Review Agreements, with authorization to sign and execute; which would be considered at the time of site plan approval. He said that under the Land Use Plan, it has to be so noted that the Develop- ment Review Requirements have been satisfied, or an Agreement which would indicate deferment to a future date. He further stated that rezoning of properties does not define density, and findings are premature; with the property owners being apprised of the need for document submission. Mayor Falck advised that Items #29, #30 and #31, were public hearings, and consideration will be given at that time. TAMARAC UTILITIES - WEST 1. Operations - Status Retort - Discussion and possible action. Mr. Gross advised that a meeting was held this morning with Mayor Falck, Mr. Keating and the Consulting Engineers, with a determination that everything was progressing, and the sewer plant was below 4,000,000 gal- lons of operational daily capacity. It was, he said, anticipated that a contractor would be available for the estimated cost to break down Plant #2, in order to determine the necessary repairs. He said that outside the plant area the infiltration has been detected, and is in the process of being grouted. Mr. Gross further added that Concord I and II has been addressed, which the Vice -Mayor made inquiries about, and has been submitted by memo to Council, from Tony Nolan. He additionally stated that the lake will be tested as to problems, on Friday, 5/16/80. He also noted that to -date Plants 1, 3 and 4 are in good operation, with Plant 2 not being satisfactory, which will be taken down. Mr. Gross said they were short-handed in the area of personnel, with three applications having been received for Waste -Water Treatment Plant Operators. He said that the Consulting Engineer felt that many problems which have been alleviated, would remain in that manner, if the proper personnel are employed. There was, he said, a recommendation of five (5) new positions for the Department, which was being reviewed. Mr. Gross said that when Plant #2 is taken down, the City will be pre- pared to flow another 400,000 gallons to the County,which would leave the other three plants in satisfactory condition. The City Manager advised that an ad was being placed in the newspaper 5/14/80 -2- mr/ a for a Director, which would indicate the salary. Mr. Gross said that the lift stations and catch basins were poorly built, with leaks in the sewer collection areas and pipes. The Engineers, he said, have advised that the western area construction was not adequate, and required rebuilding of the lift station, plus grouting, because the brick and mortar walls were leaking. C/M Disraelly said that originally the diversion from the Mainlands area was up to 500,000 gallons, and inquired as to the present flow, to which Mr. Gross responded that it was very close to that figure, and would be used at the time that Plant #2 has been taken down. The City Manager also responded that one position was still not filled in the TV crew, but they were being trained. C/M Disraelly also requested a total cost of the facility "per cents per thousand dollars", for comparison to the County, to which the City Manager responded that the figures were not yet available. Mayor Falck indicated that bonds from certain projects were drawing close to the expiration period. He felt that the City Manager, City Engineer and Consulting Engineer, should establish a definite schedule for tie-in from one area to another, for the necessary repairs. PRESENTATTONS/AWARDS 3. Tamarac Elementary School - Student Awards - Presentation to student winner of Contest jointly sponsored by the City and Summit Bank for design of the cover of the Summer Recreation Brochure. SYNOPSIS OF ACTION: Award presented to Chanel Hershey, by Mr. Osborn, President of the Summit Bank. Mayor Falck advised that a contest was recently held for the design of the Summer Recreation Brochure, by the Recreation Department. He said that 57 students of the Tamarac Elementary School participated in the contest, under the guidance of Mrs. Sandy MacFarland, a fifth grade teacher at the school. Also, a $50.00 Savings Bond was donated by the Summit Bank, for the winner. The art work, he said, will be on the cover of over 3,000 copies of the Summer Brochure, with dis- tribution throughout Tamarac and Pinewood Elementary Schools, plus the local merchants in the City. Chanel, Hershey was named the winner, with the award presented by Mr. Osborn -of Summit Bank. Sharon Ellis, the Recreation Director, indicated that there are no losers, and everyone will be given a pass for one free game of bowling at Don Carters Bowling Alley. 4. City Photography_ Contest - Presentation to five (5) winners of the City's Photography Contest. SYNOPSIS OF ACTION: Presentation to Rod Titus, Marian Sennett, Fred Kronstat, Seymour Zipper and Hilda Gianola. Mayor Falck indicated that the City's Recreation Department sponsored a Photography Contest for youths, adults and retireees, with two in- dividual contests being held during the months of February and March, and the final one during the month of April. Youth Category - Rod Titus; Adult Category, 2nd Place - Marian Sennett; Adult Category, lst Place - Fred Kronstat; Retiree Category, 2nd Place -- Seymour Zipper; and Retiree Category, 1st Place - Hilda Gianola. TEMPORARY RECESS CALLED. 69. Mitch Ceasar - Grants - Discussion and possible action. SYNOPSIS OF ACTION: Report presented by Mr. Ceasar (See page 1 MIC 5/14/80 mr/ Mr. Ceasar distributed copies of a letter that he received from Con- gressman Mica, and pertained to the SSES Grant, which involves the sewer grant. He further added that these monies have been temporarily impounded, and will not become available until early September. How-, ever, in November and December, the City of Tamarac will be considered, due to a priority list. The letter, he said, was an official confirma- tion from Congressman Mica's office. He discussed the Caporella Park grant, which was currently pending, and stated that the Department of Natural Resources and their divi- sions, will be reviewing the grant for the next two weeks. He added that approximately $800,000.00 was available, and the total amount of projects totalling to $2,000,000.00. Mr. Ceasar said that Rep. McPherson of Cooper City was giving extensive assistance to the City with the application. The last step, if clearance has been given by this Department, will be determined within the next two or three weeks; for which Mr. Ceasar indicated that he has been contacting many groups for their support of this project. He felt that the total project was approximately $76,000.00, with $13,000.00 being paid by the City. Mr. Ceasar explained that the first $50,000.00 is free with no match,and then involves a 50-50 match after the $50,000.00. Mx. Ceasar said that he is working on a bill that has been introduced by Representative Mills of Gainsville, which provides access for handi- capped to attend meetings, but felt that portions of the bill are not completely satisfactory. Mr.Gross said that everything at the City Hall, outside of the front ramp, was within the Code of the Bill, as required. PRESENTATIONS/AWARDS 5. American Legion - Presentation by Mayor Falck of Proclamation declaring May 23rd and 24th as Poppy Days in Tamarac. SYNOPSIS OF ACTION: Presentation made by Mayor Falck Mayor Falck read the Proclamation, with presentations to Louise Dillon and Adelaide Werner of Unit 265 American Legion Auxiliary. 6. Senior Industries - Presentation to the City of a replica of the recrea- tion playground in appreciation of the City's cooperation extended to Senior Industries. SYNOPSIS OF ACTION: Presentation made to Sharon Ellis by Lee Sprince. Ms. Sprince indicated that Al Roth created the replica of the recreation playground, and further noted that he was very gifted. She also pre- sented a plaque made with pistachio nuts, by Al Roth, to the Recreation Director, Sharon Ellis. Mayor Falck congratulated everyone on their efforts in accomplishing this project. 7. Broward Center for the Blind - Presentation by Sheila Johns, Executive Director, of the activities and objectives of this organization. SYNOPSIS OF ACTION: Presentation made by Sheila Johns, Executive Director. Ms. Johns said that local money was always needed to generate federal funds for the blind. She also indicated that they have a "Lighthouse" in Broward County, which will be a rehabilitation and social center, in accommodating the needs for the young and the elderly, on a five- day basis. She said the agency has purchased this building, which has 9,500 square feet, is a non-profit organization, and does not in- volve any charges. She requested a donation by the City of Tamarac of $1,000.00 towards this new area, where 1240 clients were being served. Ms. Johns said it was located at 650 N. Andrews Avenue, in downtown Ft. Lauderdale, with adequate parking in the rear. Mayor Falck said that Council will take the requested donation under advisement. -4-- 5/14/80 mr/ L � � r 16. Consent A enda a) Minutes of 3/31/80 - Reconvened Regular Meeting - Approval recom- mended by City Clerk. b) Minutes of 4/4/80 - Special. Meeting - Approval recommended by City Clerk. c) Minutes of 4/9/80 - Regular Meeting - Approval recommended by City Clerk. d) Minutes of 4/23/80 - Regular Meeting - Approval recommended by City Clerk. e) Minutes of 4/14/80 - Reconvened Regular Meeting - Approval recom- mended by City Clerk. f) Alan F. Ruf -- Consulting Attorney - 5/9/80 - $1,200.00 - Approval recommended by City Attorney. g) Williams, Hatfield & Stoner - Consulting Engineer - 4/3/80 - $1,185.75-Account #425-368-535-310 - Approval recommended by City Engineer. h) Williams, Hatfield & Stoner - Consulting Engineer -- 4/3/80 - $833.38 - Account #428-371--535-552 - Approval recommended by City Engineer. i) Williams, Hatfield & Stoner - Consulting Engineer - 4/4/80 - $4,377.35 - Account #429-371-535-622 - Approval recommended by City Engineer. j) Williams, Hatfield & Stoner - Consulting Engineer - 4/8/80 - $5,560.25 - Account #350-500-531; $195.00 - Account #1-155-515-310 total $5,755.25 - Approval recommended by City Engineer. k) Bid Authorization - Parking lot lights for City facilities - Ap- proval recommended by City Manager. 1) Bid Authorization - City Hall roof repairs - Approval recommended by City Manager. m) Bid Authorization - Roadway Resurfacing - Approval recommended by City Manager. n) Bid Authorization - Police Department telephone/dispatch security tape system - Approval recommended by City Manager. o) Occupational License Fee - Refund - to Louis B. Fisher Real Estate for auctioneer fee erroneously charged - Approval recommended by City Attorney and City Clerk. SYNOPSIS OF ACTION: a) through e) Approved as corrected; f through j), n) and o) Approved; k), 1) and m) Tabled to reconvened meeting of 5/21/80. Mr. Gross requested that k), 1) and m) be removed for discussion on 5/21/80, because a maximum time limit has to be indicated, and should be returned to the Purchasing Agent. C/W Kelch requested that e) be removed from the consent agenda, for separate consideration. C/M Disraelly inquired whether the bill for Alan Ruf, which is divided into two areas, namely, the Utility and the City Account, should be handled separately or under one bill. Mr. Gross said that everything is handled out of the General Fund, and then charged to the Utility. C/M Disraelly MOVED that the minutes a), b), c), d),e),as amended, and f), g), h), i), j) and n) and o), be approved, and V/M Massaro SECONDED. VOTE: ALL VOTED AYE. CIM Disraelly MOVED that the minutes of 4/14/80 be approved, as cor- rected, and V/M Massaro SECONDED. VOTE: C/W Kelch - Nay C/M Zemel - Aye C/M Disraelly - Aye V/M Massaro - Aye Mayor Falck - Aye V/M Massaro MOVED that k), 1) and m) is to be tabled to the recessed meeting of 5/21/80, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. -5- 5/14/80 mr/ GENERAL ADMINISTRATIVE/FINANCIAL 18. Management Improvement Cor2oration of America - Presentation of proposal for study of Public Works Garage Operations. SYNOPSIS OF ACTION: Tabled to meeting of 5/28/80. Mr. Gross said this item was being presented for purposes of effecting an efficient operation of the garage, which includes the equipment of the Utility, and the Fire Department. Fie said that a contract was submitted for management work in this area, which was reviewed by the City Attorney and himself, and does indicate that the City is not ob- ligated if it is found to be unsatisfactory. C/M Disraelly noted that this information was presented to him late yesterday afternoon, at 3:55 P.M., and has not had the oppb.rtunity to read it, to which the Vice -Mayor concurred. C/M Zemel indicated that two City Council members were out--of--town this past weekend. He MOVED to table this item to the next regular meeting of 5/28/80, which would be discussed at the Pre -Agenda Workshop, and C/M Disraelly SECONDED. VOTE: ALL VOTED AYE. BOARDS AND COMMITTEES - Appointments 8. Planning Commission - Temp. Reso. #1609 - Discussion and possible action to appoint three (3) regular and up to five (5) alternate members. SYNOPSIS OF ACTION: Approved - Maurice Meyers, Martin Schoenfeld and Carl Alper, as regular members; with Alan Stevens and Arthur H. Gottesman appointed as alternates. RESOLUTION NO. R- 1Q- 4I 20 PASSED. C/M Disraelly noted that the terms of Maurice Meyers, Martin Schoenfeld and Harry Weisenberg expire, with the expiration of the term of Carl Alper, as alternate. The following individuals were listed, who submitted applications for appointment; Bernard Schlosser, Doug Christy, Arthur Gottesman, Dr. Barry Green, Stan Watsky, Alan Stevens, Henry Lapidus, plus the members whose terms have expired, namely Maurice Meyers, Martin Schoenfeld, Harry Weisenberg and Carl Alper. C/M Disraelly nominated Martin Schoenfeld, Maurice Meyers and Carl Alper, as regular members. C/W Kelch nominated Doug Christy, as an alternate; V/M Massaro nominated Henry Lapidus and Harry Weisenberg; and C/M Zemel indicated Arthur Gottesman. V/M Massaro MOVED to close the nominations for regular members, to Maurice Meyers, Martin Schoenfeld and Carl Alper, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. Melanie Reynolds stated that she was disturbed with having Carl Alper as a regular member on the Planning Commission, because he was on another Committee, and felt that he did -not have the proper background for such an appointment. Tape Mr. Weisenberg requested to be removed from the nominations, as an Side alternate. #3 C/W Kelch MOVED to appoint two alternates, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. Mr. Gross collected the closed ballots; with the following two alternates being named on all five - namely, Alan Stevens and Arthur Gottesman. (ATTACHMENT #1) :11$ : 5/14/80 mr/ ATTACHMENT #1 5714780 - ITEM #8 qo� Qorg'SOIAJ w4w4r#j.s -7- COUNCILHAAl I12VIN6r zgwcz--o �8- 5/14/80 mr/ C/M Zemel MOVED that Alan Stevens and Arthur Gottesman be appointed as alternates to the Planning Commission, and C/W Kelch SECONDED. MOTION AND SECOND WITHDRAWN TO PERMIT READING OF THE RESOLUTION. C/M Disraelly read Temp. Reso. #1609, and included the appointment of three regular members and two alternate members, and so MOVED for its adoption, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. 9. Beautification Committee - Temp._ Reso. #_1608 - Discussion and possible action to appoint five 5) regular and up to three (3) alternate members. SYNOPSIS OF ACTION: Approved - RESOLUTION NO.R- per'// PASSED. Ray Baade, Della Cardamon,Eaye Rosenstein, Anthony Smaligo and Florence Bochenek, as Regular Members; Dick Rubin and Seymour Polster, as Alternates. C/M Disraelly read Temp. Reso. #1608. The following members requested reappointment; Ray Baade,Della Cardamon, Faye Rosenstein,Anthony Smaligo, and Seymour Polster, but ap- plications were submitted by Florence Bochenek, William McGrath, Dick Rubin and Bernard Schlosser. C/M Disraelly nominated Ray Baade of District 3,Della Cardamon of District 4,Faye Rosenstein of District 4, Florence Bochenek and Anthony Smaligo, as regular members. V/M Massaro MOVED to close nominations for regular members, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. C/M Disraelly nominated Seymour Polster, as an alternate member. C/W Kelch nominated Dick Rubin, who applied for a position on this Committee, and said that he would be available for special consulta- tion or regular attendance. C/W Kelch MOVED to close nominations for the alternates, and V/M Massaro SECONDED. VOTE: ALL VOTED AYE. C/M Disraelly MOVED that Temp. Reso. #1608 be approved, with the inclusion in Section 1 of the following names; Ray Baade,Della Cardamon, Faye Rosenstein,Anthony Smaligo and Florence Bochenek, as regular mem- bers; and Seymour Polster and Dick Rubin, as alternate members. C/M Zemel SECONDED the motion. VOTE: ALL VOTED AYE. 10. Board of Consumer Affairs - Temp. Reso. #1606 - Discussion and possible action to appoint twelve (12) regular members. SYNOPSIS OF ACTION: Twelve (12) Regular Members RESOLUTION NO.R-Q - // PASSED. reappointed. C/M Disraelly read Temp. Reso. #1606, and V/M Massaro MOVED to nominate the entire Board of twelve (12) regular members, who are currently serving, and C/M Disraelly SECONDED, and indicated the following names were Robert Schurr, Nat Cohen, Mary DiCandia, Peter Lawson, Charles Levinson, Irving Lopatey, Herman Marin, Moni Avidon, Isaac Feldman, Charles Fox, Winifred Ostrum and Joseph Sobel. VOTE: ALL VOTED AYE. C/M Disraelly MOVED to adopt Temp. Reso. #1606, with the existing twelve (12) members, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. 5/14/80 mr/ M 11. Public Information Committee - Temp. Reso. #1611 - Discussion and possible action to appoint five (5) members. SYNOPSIS OF ACTION: Adopted as amended, by RESOLUTION NO.R- g0� ��d PASSED. appointing six (6) members; Sydney Bass, Norman Karr, Israel Krugman, Gerald Adler, Jerome Smith and Shirley Blumfield. The City Attorney read Temp. Reso. #1611. C/W Kelch requested that the title be amended to indicate the appoint- ment of six (6) rather than five (5) regular members, because the Charter has been amended to state "no less than three (3) members". She MOVED to nominate Sydney Bass, the present Chairman, Norman Karr, Israel Krugman, Gerald Adler, Jerome Smith, who is an exceptional candidate and associated with Visual Graphics, and Shirley Blumfield, who is residing in the Isles of Tamarac. V/M Massaro SECONDED the motion. VOTE: ALL VOTED AYE. C/W Kelch MOVED to adopt Temp. Reso. #1611, with the title change to appoint six (6) rather than five (5) regular members, as noted, and C/M Disraelly SECONDED. VOTE: ALL VOTED AYE. 12. Board of Social Services - Temp. Reso. #1612 - Discussion and possible action to appoint three (3) members. SYNOPSIS OF ACTION: Approved, as amended,ap- RESOLUTION NO.R- (�Q - �OC� ^PASSED. pointing six(6) regular members; namely, Virginia Taylor, Herman Lacoff, Mary DiCandia, Charlotte Tepper, Robert Carey, and Jerry Heller. The City Attorney read Temp. Reso. #1612. V/M Massaro suggested the nomination of six (6) members, namely, Herman Lacoff, Jerome Heller, Virginia Taylor, Mary DiCandia, Charlotte Tepper and Robert Carey, and recommended that nominations be closed. C/M Disraelly MOVED that the title be changed in Temp. Reso. #1612, for the appointment of six (6) members, and be adopted to include the names, as noted, and V/M Massaro SECONDED. VOTE: ALL VOTED AYE. GENERAL ADMINISTRATIVE/FINANCIAL 17. Alexander Grant & Co. - Discussion and possible action on: a) Audit Report - FY 1979/80 b) Special Audit - FY 1979/80 SYNOPSIS OF ACTION: Six Month Report of Utility -West and Year -End Audit of Utility, Approved, with costs as noted. a) -Mr. Birken said that he was requested to contact First Boston, and there was a delay in their coordination with Alexander Grant. He said that First Boston did not require the performance of an audit. A letter, he stated, was delivered to Council, which in- dicated that Alexander Grant & Co. offered to perform a limited review of the books of Utility -West for the fee which was stated. He further stated that the Utility has not been audited since December of 1978, and the budget is approximately equal to the City. The records and books, he said, were kept in a proper manner, rather than waiting for the end of the fiscal year for a determination. The City Attorney said that if there is no audit, and mistakes performed by the Finance Department are of a material nature, then it was possible that the bond holders would expect -10- 5/14/80 mr/ I F J the City to audit would it would no statement. make up the losses. lie also said that expense of an be chargeable to bond proceeds, but with a limited review be, because it could not be included in the official C1W Kelch favored an audit, and felt that the financial difference would be compensated by legal and safety standards, and should be immediately instituted. Mr. Emmer said that he submitted a Letter, dated 5/l/80, which recapped all the various fees and options for the audit. The additional amount of money involved, he said, for a six (6) month audit as of 3/31/80, is approximately $9,500.00, for the full audit, which will reduce the cost of the September 30th audit. He further indicated that the six (6) month audit will be $14,000.00, plus waiving and absorbing all start-up costs associated with the Utility, which would otherwise have been $1,500.00, if the Utility was audited as of September 30th. The year-end audit for the Utility will be $11,000.00, and would be $3,000.00 less, as a result of the six (6) month work on the Utility. Included in the audit, he said, will be the provision of "full comfort" to the underwriter, First Boston, if required, in connection with the bond issue. He explained this provision, by stating that at the time of sale, certain questions and records will be investigated, with a review of City Council minutes, up to a period of five days within the sale of the bonds. Thereafter, he stated, a letter will be provided to the underwriters, which would indicate that as a result of this, nothing has been determined to be of a material nature, which would affect the financial position of the City. Mr. Emmer responded.to a question of Mayor Falck, by stating that his company assisted the Finance Director in the method of recording the acquisition of the assets, as to value. lie further added that the Finance Department has been furnishing financial statement on the Utility. Mayor Falck concurred with C/W Kelch, as to the Utility having a similar budget to the City, and would also recommend that the entire audit be made. C/M Disraelly said that the letter of 4/18/80 indicated that a complete audit would commence on 5/5/80, with a completion date of 6/20/80, to which Mr. Emmer said that two weeks would be required, and will slide the final date back to two weeks. Mr. Emmer further added that the 3/31/80 audit would be completed by the end of June, and the next audit period would be in December. Six month numbers, he said, does not require an up -date, and First Boston indicated that six-month numbers will be included in the official statement. Mr. Emmer said that in the official statement, as relates to the bonds being sold in June, it would include six-month numbers, and are avail- able. But, he stated, they would additionally request "comfort", which is not an up -date, but involves an extension to nine months, but felt this would not be necessary. C/M Disraelly said that a memorandum from the City Attorney, which was dated 12/10/79, it was noted that an engagement letter should provide that all outstanding bond and note resolutions would be re- viewed by the auditor, for compliance with the City. Mr. Emmer said he would be pleased to up -date this, especially when a bond issue is outstanding, whereby a bond compliance opinion is considered to be part of the audit report. Mr. Birken inquired as to interest rates, and if action would be required prior to the end of June, if this could be accomplished, to which Mr. Emmer said they could accelerate certain items, but there were some procedures where a third party is involved, and did require confirmations. Ile did state that they would commence with this as quickly as possible, and possibly extend the number of work hours on their part. acc 5/14/80 mr/ C/M Disraelly MOVED that the six-month audit report of the Utility - West, as of 3/31/80, be approved, and that the year-end audit for the Utility, as of 9/30/80, be approved, and in compliance with the letter of 5/l/80, that all City funds, as of 9/30/80 be approved, respectively, to include the sums of $14,000.00, $11,000.00 and $14,000.00, with a total fee structure of $39,000.00. C/W Kelch SECONDED. VOTE: ALL VOTED AYE. C/M Disraelly clarified the motion, as to the 3/31/80 Utility being charged against the bond issue, and the year-end audit will be charged to the regular fee of the Utility, with the City funds being in G & A. Mr. Birken said if the bonds are not sold, and the interim audit is not used, then the audit would come from the General Fund, and what- ever audit is applied, would come from the Utility. MEETING RECESSED FOR LUNCH TO 1:30 P.M. MEETING CALLED TO ORDER, ROLL CALL TAKEN, AND ALL PRESENT. COMMUNITY DEVELOPMENT 55. Summit Bank West -- Discussion and possible action on request for a six-month extension of the approved site plan. SYNOPSIS OF ACTION: Tabled to recessed meeting of 5/21/80. Julian Bryan represented Summit Bank, and said that approximately one year previous the final site plan was approved for University Drive and 61st Street, on the southwest corner. At that time, he said, they were aware of a potential alignment problem with 61st Street going east into the existing residential development. He additionally said this was sent to the County, wherein an agreement was instituted with Mr. Goldberg. It was determined, he said, that no additional right-of-way will be given over and above what is indicated on the site plan, but significant fees will be paid for road impacts, which Mr. Goldberg has reluctantly agreed to. Mr. Bryan said that the six-month extension was being requested in order to resolve this situation, and pay the fees at the County. He further added that the plat has not been recorded at the County, and the road impact fees have not been paid. Mr. Bryan stated that Staff review recommended items subject to approval; 1) on -site retention, 2) handicapped parking, and another item, which he could not recall. He felt there was adequate space for inclusion of handicapped parking, but could not anticipate Mr. Goldberg's manner of handling the on -site retention. Mr. Bryan said that comments by Staff involved 3)parking lot lighting being shown, which would not be a problem, and 4) walk- in opening for the dumpsters, as per Ordinance 79-67, which could be resolved. V/M Massaro felt that action could not be taken, because it required a revised site plan, and the City has to be made aware of the County ruling, as to the roadway. She also noted that parking has to be changed and lighting would have to be shown on the plan. The Vice - Mayor and Mr. Keating concurred that the drainage has to be reviewed, with submission of a revised site plan, also incorporating recommenda- tions of Staff. Retention, she said, would be required, or the neces- sary fees paid, with payment of a fee for up -grading of the drainage system, at $130.00 per acre. She said this item should be tabled to the recessed meeting of Wednesday, May 21st, also noting that a Developers Agreement is re- quired. Mr. Bryon said that he was aware of the City's requirements, and will get documentation from the Engineer's office, and then submit it to Council. -12- 5/14/80 mr/ V/M Massaro reviewed the requirements; namely, 1) submission of a revised site plan, 2) correction of the road, and whether the County will be accepting this, as noted on the site plan; with submission of a letter from the County to the City, as to the impact money, 3)also, changes, if necessary, on the plat, 4) engineering to be checked, 5) retention, 6)necessary fees in the Developers Agreement, and 7) submission of the proper check to conform. Mr. Birken indicated that he sent a memo to Council concerning possible water and sewer modifications, and inquired whether the new proposed agreement or the old agreement should be considered. He also stated there were some modifications and guaranteed revenues, and would re- quire a determination prior to the May 21st meeting. V/M Massaro felt that guaranteed revenues were important, as far as commercial development was concerned. V/M Massaro MOVED to table Item #55, to the 5/21/80 meeting, subject to the applicant filing a revised site plan, through regular channels, with the necessary fee, and to have the engineering approved by the City Engineer, also, including the recommended items which Council and Staff previously noted. 1) The site plan has to indicate exactly where the road is, and who will be installing it, 2) execution of the Developers Agreement, 3) submit an appropriate check, 4) show the retention area or be prepared the required fee of $130.00 per acre, for up -grading of the drainage, and 5) be subject to current development fees. C/W Kelch SECONDED. VOTE: ALL VOTED AYE. 52. Tamarac Paint and Wallpaper -- Shops of Tamarac - 8691 West McNab Road - Sign Waiver - Temp_. Reso. #1603 - Discussion and possible action on a request for a sign waiver for an additional wall sign. SYNOPSIS OF ACTION: Applicant to remove sign, which item will be reviewed, and considered at the 5/28/80 meeting. C/M Disraelly read Temp. Reso. #1603. Ray Baade, Chairman of the Beautification, presented the item, by stating that the applicant appeared before the Beautification Committee, which involved an existing business, and the relocation of two signs. He said this involved the relocation of the east and west signs; with adequate space on the west side to affix the letters, but the east side was under a breeze -way, and was a walk -way. Mr. Baade said that the applicant desired placing the sign on the fascia►with a portion of this being over the Barton Candy shop. He said that the waiver indicated that the letters, "Tamarac Paint and Wallpaper" - be affixed on the wall inside the breeze -way, but would be visible on an angle, from the parking area, to the south of the hair salon, and east of the former location. Mr. Baade said there was disagreement as to the letter coloring, with the waiver request indicating yellow letters. It was, he said, the recommendation of the Beautification Committee to approve the waiver, by cutting down the sign, and permitting it to be placed on the wall, rather than the fascia with yellow lettering, rather than red. C/M Disraelly stated that the sign has to be placed on the fasciaeand not the building, and referred to a sketch on the blackboard. He stated that the original sign was moved to the north, with the letter colors being changed from red to yellow. Presently, he said, a request was being made to place another sign in the breezeway, but the City's ordinance provides the sign be placed at the store. He further noted that at 1:30 P.M. this day, the sign was affixed to the fascia of the breezeway. Mr. Baade indicated that the management of a complex requested that signs not be placed on the side of the building, facing 70th Street. He said that due to the present proposed location, and as Chairman of the Beautification Committee, his recommendation would be for denial -13- 5/14/80 mr/ of the waiver, unless the sign is affixed on the side of the breeze- way. Barry Eden said that he was generally not involved with signs being placed by the tenants of the shopping center. He indicated at a Beautification Committee meeting that signs should not be permitted on 70th Street, because of condominiums that were being built in the area. Florence Bochenek said that she was at the Beautification Committee meeting, and was aware of the discussion, and felt this sign was not in conformance with the other stores. Mr. Baade indicated that originally the Beautification Committee denied both sign requests for the east and west sides, because a color criteria was involved, with both signs being red. After the vote to deny, he said, the management of the complex stated that lie would bear the cost of changing the sign colors to yellow. Thereafter, he stated, the Committee rescinded the denial of the west sign, and voted its approval, with yellow lettering. Mr. Baade felt the breezeway sign waiver should be denied, because of insufficient space for proper display in a small area. Mr. Gross said there was a permit for the sign at their original store, but was not aware of any permits in the present location. C/M Disraelly said that it would have been his recommendation to Council, after viewing the space, to allow a sign to be placed at the location. But, he said, that placing signs without complete authorization and conformity, would involve a change in his decision. V/M Massaro felt that if the sign was over --shadowing an area, it should be removed. She also said that if the sign was put --up without a permit, then it should be taken -down immediately, and wait for a report from the Chairman. Mr. Eden felt that due to confusion at the Beautification Committee meeting, that the sign should be viewed, prior to removal,based:on deci- sion of the City Council. V/M Massaro MOVED that the sign be removed, and a determination will be made by those individuals wishing to view the subject matter, and it be considered at the next regular meeting, as to approval of the waiver. C/W Kelch SECONDED. VOTE: ALL VOTED AYE. PUBLIC HEARINGS 29. Barry Eden -- Rezoning__Request - B-6 to B-1 - Petition #10-Z-80 - Temp. Ord. #761 - First Reading. (located on the northeast corner of McNab Road and 80th Avenue). SYNOPSIS OF ACTION: Denied on 1st Reading. The City Attorney read Temp. Ord. #761. Mayor Falck opened the discussion to the public. Robert K. Hagleman, a homeowner at Academy Hills, said this building was to be located directly behind them, and would request that the B-6 zoning remain. He stated that letters were sent to the Vice - Mayor opposing this rezoning, with 14 additional letters being pre- sented to the City Clerk.this day. Tape Mr. DeMarco of Academy Hills, said the people objected to changing Side the rezoning from B-6 to B-1. #4 Barry Eden, the petitioner, said there was a sign posted, and felt that Greg Darby should present this item, as his representative. He noted that a meeting was held at Academy Hills Recreation Center, wherein he presented the intention for this rezoning. -14-- 5/14/80 mr/ A r � � Greg Darby of Darby & Way, said this rezoning was considered by the Planning Commission, with objections being presented by the residents. He said the residents objected to restaurants with food service, the trash and odors that were involved. Because of these objections, it was determined by the petitioner to deed restrict the site from restaurant usage. Also, 200 feet adjacent to the property, would be deed restricted, he stated, which would not permit food of any type to be sold or traded in the area. He said the dumpster location was another major problem which was discussed at the Planning Commission. He determined that it would be encompassed into the building, with a roof, landscaping, and com- pletely enclosed from view by the residents. He further added that B-6 zoning presently permits food establishments; also three-story office buildings, with elevator and mechanical equipment. He reiterated that the intended use of this complex would be for no "on premises" food or beverages, but commercial use would permit professional offices with limited working hours, and less ingress and egress traffic. Mr. Darby said there will be a setback towards the Academy Hills property of 50 feet, by Code, and in excess of 60 feet, being 67 feet to the property line. He also noted that 10 feet of landscaping will be included, and a six (6) foot concrete wall on the north, with no visible mechanical equipment from any side of the building, which will be screened below the parapet. Mr. Darby advised that a Farm Store was being considered, with no cooking or on -site consumption, but involving only sales. Barry Eden said the Farm Store was a new concept, with mini --grocery sales, and involved a more diversified line of groceries. Dick King, a representative of Farm Stores, said this type of store would be more intensified than a 7-11 typical convenience operation, but similar to a small grocery store.This would not include fruits and vegetables, and would involve 300 items. He anticipated that the hours would be from 7:00 A.M. to 11:00 P.M. Ben Marino, Vice -President of the Academy Hills Association, felt there were many small stores in the neighborhood, and the people were requesting office buildings. Morton Student, a concerned citizen, said the area under consideration would involve noise and traffic constantly, and would disrupt the peace and quiet of the neighborhood. Ile also said that the Planning Commission voted against such approval, because it would involve over- crowding of stores. Mr. Student said that B-6 zoning should be re- tained, until something else is determined for use on that parcel of property. Mr. DeMarco said there was reference to a meeting held at Academy Hills clubhouse, and the people were not only against a restaurant, but the entire shopping center. Stuart Walker said that Concord Village also had to be considered, which was directly across the street. This area did involve a traffic problem, and felt that the people did not want the shopping center located in the designated area. Mr. Walker was an owner at Academy Hills Louis Stone, an owner at Academy Hills, felt that 200 to 300 lineal feet would be occupied by the developer, from N.W. 80th to University Drive, going east, with the balance of the property being 1000 to 1500 lineal feet to the corner of the bank. He inquired as to the balance of the area, and the zoning which will be designated for this. C/M Disraelly inquired whether there would be objections if the shopping center was built without a food store, to which Mr. Stone replied that the people would still oppose this type of shopping center, and requested that the property be retained with B-6 zoning. Irving Hirsch discussed deed restrictions, which the City does not control. 0141 5/14/80 mr/ Jan Tabor, a resident of Academy Hills, said that professional buildings would maintain working hours from 9:00 A.M. to 5:00 P.M., but convenience stores would operate from 7:00 A.M. to 11:00 P.M., and involved problems relating to school children and the sale of beer and cigarettes. She further added that the people would like to keep the area private, without outside interference. Cheryl Ciarnelli, a renter in Academy Hills, said that everyone was opposed to the stores, but would request that those people who are in favor of it should voice their opinion, other than the developer. Melanie Reynolds indicated that the Family Mart and Publix Shopping Centers are always crowded, and was in favor of this new shopping center, because it was necessary for the City to have a tax base. Anna Kolber, an owner at Academy Hills, was in favor of medical and office buildings. Mayor Falck closed the discussion to the public. C/W Kelch said that Council was aware of an excessive amount of B-6 zoning in the City, but it was a useful and flexible category. She indicated.__her._.r.ecent�ugg.esti which included doctors,sn-t4s, optical and stationery stores, and so forth. C/W Kelch felt this would permit a more marketable situation for the developers, without offering objectionable features. She requested denial of this re- zoning, at the present time, by the City Council, and so MOVED. V/M Massaro said B-1 is intended for neighborhood business, and felt that the people do not want this, and SECONDED the motion to deny. VOTE: ALL VOTED AYE. 30. Tro ical Gardens Nurser - 7910 University Drive - Rezonin Request - B-6 to A-1 - Petition 11-Z-80 - Temp. Ord. #762 - First Reading. (Lyons Commercial Subdivision #3 - Lot 11, Block 11). SYNOPSIS OF ACTION: Tabled for receipt of information from Applicant's Attorney. The City Attorney read Temp. Ord. #762. Bernard (Buddy) Himber, the owner of Tropical Gardens Nursery, said that he was seeking a rezoning from B-6 to A-1, Agricultural Limited Use, for the one (1) acre, or 100 by 350 feet approximately, which adjoins the two pieces of property, which is presently zoned A-1. In response to the Vice -Mayor, as to the purpose of this rezoning, Mr. Himber stated that the Levitt Home project in Palm Beach County, consisting of 2,000 homes, requires materials in gallon and 3 gallon sizes. He said this rezoning would permit additional agricultural growth, and permit supplies to be stored. He stated that no buildings will be erected on this property, but would include clearing of the land, and installation of a cyclone fence. Mr. Himber said that he pays a large amount of taxes to the City, and felt that the aesthetics from McNab Road north to the Family Mart and Sunflower Shopping Center, is not desirable. He indicated that he paid to have the fields bush -hogged to the south and north, in order to have University Drive and his business look reasonably nice. He felt that the property could go to B-1 rather than B--6, which was very restrictive, and has created empty stores and businesses. Mayor Falck opened the discussion to the public. Harry Steinfeld, the owner of the lot being requested, did recommend a B-1 zoning be given with limited agricultural use, which would retain the tax base, V/M Massaro said that B-1 was more restrictive, and something could be up -graded and not down -graded. C/M Disraelly said that the problems in 1978,relating to Mr. Himber, involved the fact that under B-1 zoning, the property could not be -16- 5/14/80 mr/ � � r used for agricultural purposes. He said the Code was referenced, and it was determined that the A-1 method was the only manner of procedure. The proper method, he said, was to permit agricultural uses, with rezoning through the Broward Land Use Plan for such use in commercial areas, could be accomplished. Florence Bochenek said that something was lost in what she was original- ly seeking, as relates to beautification, at the time she moved into the area. Mr. Himber said they keep the grass cut in front of the nursery, and moved the sign back, as requested by Council on University Drive. He said it was his intention to bring in twelve (12) large Royal Palms, with four in front of ea.100 ft.sections,which would be roughly every 20 feet, and place Snow Queen Hibiscus in-between, and some low ground cover, with railroad ties running each 100 feet, filled in with rock behind it. He further added that the University Drive area is main- tained by him, although it is not his responsibility, and was in- terested in keeping the area maintained and in nice condition. Ile also said there were no other businesses on that street, and Council has never been presented with problems in the nursery. He noted that the tax base has increased, rather than decreased, and is unimproved land. Mr. Himber said that his attorney addressed a letter to the City Attorney, regarding the 43 feet right-of-way on Commercial Boulevard, plus the limited access road that is involved. C/M Disraelly and V/M Massaro both indicated they have not seen this letter. Mr. Steinfeld indicated that this was on record at the County, with a 43 foot right-of-way and a limited access road. Mayor Falck closed the discussion to the public. V/M Massaro MOVED that the City Attorney await receipt of the letter from Mr. Himber's Attorney, as relates to the dedication on University Drive. She said this should be tabled until that time, and then re- turned to Council, for their consideration. Mr. Himber said that without legal opinion, he already covenanted the new piece of property, with dedication of a portion of the property. Mayor Falck felt that a determination has to be made by the City Attorney, prior to approval and further consideration. C/W Kelch SECONDED the motion. VOTE: ALL VOTED AYE. 31. Phoenix Company - Rezoning Request - R-3 to B-3 - Petition #12-Z-80 - Tem . Ord. #763 - First Reading. located on the south side of McNab Road, 660 feet west of Nob Hill Road). SYNOPSIS OF ACTION: Tabled to 5/28/80 meeting The City Attorney read Temp. Ord. #763. Evan Cross, the City Planner, clarified the application, by stating that the Planning Commission determined that B-2 was less intensive than B-3, and would be appropriate zoning, which zoning was agreeable to the developer. Mr. William Zani, the Managing Partner of Phoenix Company, said they originally recommended B-3, because it would be adjacent to existing B-3 zoning. But, the Planning Commission, he said, suggested B-2 zoning, which would be more compatible, and was acceptable to him. Mr. Zani displayed a site plan survey on the board, and indicated the two particular sections of interest. He said the area involved 15 acres on McNab Road, which runs east - west, and Nob Hill Road, running north and south. Mr. Zani said the original 11 acres was zoned B-3 in 1970 by the owner, Mr. Feinberg. The southwest corner -17- 5/14/80 mr/ of McNab Road and Nob Hill Road extends from 50 to 60 acres, and was purchased by Mr. Friedman and a group of investors in 1972. The four acres in question being rezoned from R-3 to B-2, is the western most portion in this tract of land, he said, and extends west of the B-3 zone and down to the- other property line. He added that it was approved for commercial with the Land Use Plan of Tamarac, and Broward County, which was under discussion for two years. Mr. Zani said that Pheonix Company acquired this property in June of 1979, which 15 acres will be closed at the time a building permit is obtained. He indicated that the Land Use Plan for Tamarac states over 35,000 people will be residing west of University Drive with the current development. Lennar, he stated, made the largest home purchase of 9 1/4 million dollars of a tract of land, that is within 1/2 mile of this particular shopping center. He also added that over 5,000 units will be developed and 10,000 people will be living there. He further stated that Concord Village and others were provided for in the plan, in a nicely laid -out sequence of residential and commer- cial development. Mr. Zani said there was a proposed Publix coming in on Pine Island Road and Southgate Boulevard, with a Winn -Dixie shopping site by Phoenix Company on Nob Hill and McNab Road. The extra four acres in this project, he said, which rezoning is being requested from R-3 to B-2, and was approved in the Land Use Plan, would not be an additional burden to the immediate neighbors. Fie presented a display of the architect's drawing of the Isles of Tamarac, in the northwest corner, and the shopping center outlines in the southwest corner. Mr. Zani noted that the original 10-11 acres that were zoned B--3 since 1970, would be a development of 10-11 acres, but the commercial zone has been extended for an additional four (4) acres in conformance with the Land Use Plan. Mr. Zani indicated that the rezoning occurs 660 feet from the corner, with the end of the shopping center being 225 feet east of the main entrance of the center. He also noted that lots 40, 41, 42, 43 and 44 of the Isles of Tamarac are not developed and have not been acquired by any individuals. These lots, he said, are involved in frontage impact, and was certain that there were no houses built or lots sold from lots 30 through 45. He stated there were houses built on lots 46, 6, 7, 8, 9, 11 and 15, which involves nine (9) houses in the immediate area of this shopping center. The building line on N.W. 70th Avenue does not permit access on McNab Road, and noted that from the first building line in the shopping center to the single-family residences, would involve 186 feet of distance. Mr. Zani further added there would be 562 feet from building line to building line of Winn -Dixie, and is the major store and traffic generator. The people, he said, that are opposite on north side of N.W. 70th Avenue, are 346 feet from their building line to the first building line of the shopping center; with 722 feet to the Winn -Dixie -store. He felt this shopping development would not place an additional burden on the neighborhood, but would offer a convenience to the community. He said the architect was attempting to develop a plan for screening the Isles of Tamarac development from the shopping center, with land- scaping the median strip which separates the north and south sides of McNab Road. Greg Darby said that the median was 18 feet, with left turn transi- tions, which would be 8 to 12 feet at that point. Mr. Zani displayed the architect's version of the landscaping, and indicated that the adjacent land owners to the south and west of the property, do not object to the development, including the developer of Isles of Tamarac, the Glusmans. He discussed a six (6) foot high wall which is the end of the backyard of the single-family residence, and existing plantings; also, a large green space, which is the right- of-way, and three lanes, that are all planned by the Department of Transportation. Also, he said, the 18 foot median strip would be land- scaped by the shopping center developer. Mr. Zani said the south side of N.W. 70th Street would look at their six (6) foot wall, plus their landscaping, and clusters of sabal palms which he would enhance, along with a recommendation of jasmine plantings, 5/14/80 mr/ r � � pampas grass between the clusters of Sabal Palms, and oleanders which flower several times during the year. He also indicated if areas of the median strip could not accept plantings, then they would propose to offer plantings on the north side of McNab Road, putting in small flowering trees between the wall sections, which would offer a higher level view than the six (6) feet, breaking the over -view into the shopping center. Mr. Zani said the main entrance will have the savings and loan, with attractive landscaping of hedges and trees. He said the 10 to 11 acres have been acquired, and will be.developed, whether or not the four acres can be obtained. He also stated that over a quarter of a million dollars has been invested to -date, and they would satisfy two out of four goals of Tamarac's Land Use Plan. He quoted a portion of the Land Use Plan; "the City should seek to eliminate strip com- mercial development along major arterial roadways, by creating iden- tifiable commercial, centers to serve the shopping needs of residents and visitors to the City". He further stated that the 15 acre develop- ment at the intersection of two major arteries, which provides con- venient shops, with nicely landscaped shopping facilities, will elimin- ate the need for strip commercial developments, and will be a clearly identifiable center for the City. Mr. Zani read another portion of the Land Use Plan; "the City should attempt to create a supporting tax base for its residents for the establishment of industrial and office parks, and commercial areas as balance to the residential components". He further added that the City has determined, after two years of study, and many public hearings, that the location of McNab and Nob Hill Road, on the southwest corner, would be an identifiable commercial center, of sufficient size, to satisfy the needs of the residents of west Tamarac. Also, he said, a second shopping center, on the corners of Pine Island Rd.and Southgate Boulevard, has been determined to satisfy the needs of the residents, of western Tamarac. Mayor Falck opened the discussion to the public. Mr. Hirsch inquired whether areas of Tamarac could be kept suburban, because he moved from 70th Avenue to 108th Avenue, with that thought in mind. Sam Schwartz, President of the Homeowners Association known as the Isles Social Club, was representing the homeowners and residents of the area. He said the association held a meeting, and voted against the building of this commercial area shopping center, because it was felt this would bring high incidents of crime and extreme traffic. It was the feeling of the residents, he said, to maintain the area as a clean and quiet neighborhood, and a resolution was passed at this meeting, which would be an amendment to the Land Use Plan. Milton Siegel, a homeowner of the Isles of Tamarac, said this major shopping center would involve a Winn --Dixie store, two banks, a movie theatre, office building and drug store, and would generate heavy Tape traffic in the area. He felt that progress was okay, but the people Side were more important. Statistics, he said, revealed that shopping #5 centers were high crime areas. Arthur Gottesman, a homeowner at the Isles of Tamarac, indicated that he did not object to shopping centers, providing they service the needs of a community. He felt the location of this center was "out - of -order", which was zoned B-3 on the corner, and R-3,in 1972,.without consideration of the future 10 years. He said his purchase of a home in the area, was based on the fact that, at the most, a convenience store might be built on this zoned parcel, and the people do not want commercial industry at their doorstep. Mr. Gottesman stated that the expansion of homes and population will be in the western area of Tamarac, and felt that the need for shopping centers was along 77th Street, between 88th Avenue and Nob Hill Road. He said that a survey of 20,000 cars were estimated on a daily basis, upon completion of this shopping center. James J. Ephraim, of the Isles of Tamarac, indicated the fear of high incidents of crimes, which large shopping centers have attracted, and -19- 5/14/80 mr/ L L __J losing the peace urged to deny the Land Use Plan. and quiet of the residential area. The Council was rezoning from R-3 to B-3, and to amend the present Harold H. Newman, President of Westwood 23 Association, expressed his displeasure many times as related to gasoline stations, nursing homes, funeral homes, water and skate -board slides, and particularly items affecting the Westwood sections. He also became a keen observer of the Land Use Plan developments, both at the County and the City level. Mr. Newman felt there was great progress as to the growth of Tamarac within the next few years. He appreciated the apprehension of the people, as relates to another shopping center, because within one month or two, a larger center involving 20 acres, will be erected 4/10 of a mile from his home, to be located on 88th Avenue, from Southgate Boulevard to N.W. 81st Street. This large complex will house the Publix Supermarket, K--Mart, a large chain drug store, and possibly a cinema, with many other stores. Also, he said, an Exxon Gas Station will be erected at the corner of Southgate Boulevard and 88th Avenue. It was his opinion, that based on Tamarac's population of 35,000, plus the increase of 20,000 persons, will be housed in the western area. Mr. Newman said this shopping center,under discussion, was needed at the present time, to serve as a diversionary measure, in order to alleviate the impact of the shopping center in Westwood 23. He re- quested Council to approve the rezoning request from R-3 to B-3. Miriam Sandloafer of the Isles of Tamarac, is a one-year resident of Tamarac,moving from a previous location in Hallandale, to establish themselves in a suburban area. She felt they would be exposed to noise and lights, and would appreciate the same consideration which was given to Academy Hills. Mort Student was against the building of this shopping center. Florence Bochenek said that she lives diagonally across from the newly planned shopping center, and would like Tamarac to remain beauti- ful; leaving the decision to the wisdom of the City Council. Rose Rosenberg and Isidore Goldstein both indicated there were adequate stores and shopping in the City, and felt that the Publix shopping center on Pine Island Road and Southgate Boulevard will be quite large, and satisfy the needs of the people. Moe Kanner of the Isles of Tamarac, inquired of Mr. Zani whether there was any relation with Phoenix Company to the Pine Island Shopping Center, and urgently pleaded that the City Council strike the eloquent remarks, which did not relate to the Isles of Tamarac vs. Phoenix development. Ceil Schwartz said that a theatre in itself would involve problems of ingress and egress from the shopping center. Mr. Zani noted that it would be impossible for this shopping center to generate 20,000 cars on a daily basis. V/M Massaro recommended that action be tabled on this rezoning, in order for Council to digest all the remarks, and MOVED to table this item to the next regular meeting of May 28, 1980, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. 32. Gary Wishnia - Special Exception - Petition #13-Z-80 - Discussion and possible action on a request to permit a gasoline service station in a B-2 Zoning District at the southeast corner of Southgate Boule- vard and University Drive. Temp. Reso. #1604. SYNOPSIS OF ACTION: Tabled, with additional input to be submitted by C/M Disraelly. The -City Attorney read Temp. Reso. #1604. -20- 5/14/80 mr/ �. J Michael Shiff Associates, Architects,representing the petitioner, Gary Wishnia, said the special exception was being requested for a service station to be erected on the southeast corner of Southgate Boulevard and University Drive. He said this parcel was rezoned ap- proximately one year previous,from B-6 to B-2, which would permit a service station in this area. He displayed a conceptual site plan on the board, and said the Planning Commission recommended approval. Mr. Shiff said the plan indicated the access off University Drive, and was one of the locations to be vacated, which had a planning easement restricting the availability of curb cuts. This area would have access to the service road, when University Drive is built to its full width, he said. Mr. Shiff said they would adhere to all the codes and ordinances of Tamarac, and will present preliminary and final site plans, for Council and Planning Commission review. Mr. Shiff said this station will have three or four service bays, with the property being approximately 1 1/2 acres, or 290 feet deep, and a few hundred feet wide. He said they would be adhering to all the setbacks, and the islands within the station would have heavy land- scaping, screening the station from Southgate Gardens. Also, he said, there will be a wall separating the residential from the commercial areas. In response to a question by C/M Disraelly, it was stated by Mr.. Shiff that Gary Wishnia has every intention of being the developer, but .financing was involved. In response to V/M Massaro, it was stated by Mr. Shiff that there is a recorded plat, and 83 feet is the easement for future development of service roads for University Drive; with the building not being any closer than 83 feet. Evan Cross, the City Planner, said there is a fee paid for a conceptual site plan, which permits the City to be advised of any omissions or deletions, and changes can be made prior to final review of the site plan. The plat, he said, along University Drive, is a 10 foot planting easement, and an 83 foot ingress non --vehicular access easement, running for the entire length of the plat, or 93 feet, from Southgate Blvd. to 82nd Street, on the east side of University Drive. Within the 93 feet, he said, and from the existing right-of-way line as shown, the City of Tamarac would have 40 foot dedication requirements for the right--of-way, plus the 50 foot setback off the street. The service road, he said, would be within the 40 feet. He also stated that staff commented that there were three ingress and egress points along the entire stretch of property, from Southgate Boulevard south to 82nd Street; with one being in the location of the driveway. On further development of this property, he said, there would be a. requirement of paving at the beginning of the access road to his southern property line. Mayor Falck opened the discussion to the public. Mort Student said he was informed that the station would have an auto repair shop, and felt that competition was needed in the City. Mayor Falck closed the discussion to the public. V/M Massaro advised Mr. Wishnia that Council was not pleased with the plan, due to the lack of beautification, and felt this would be a re- quirement for special exception. Mr. Wishnia said that he would agree to the Planning Commission recommendations for beautification and landscaping. V/M Massaro felt that prior to action by Council, that C/M Disraelly, as a liaison member to Beautification Committee, discuss this with them, as to an appropriate plan for the service station, and report back to Council. She felt restrictions should be established for this. Mr. Birken said there are two categories of special exceptions, and read a portion of the ordinance pertaining to this. MAC 5/14/80 mr/ C/M Disraelly said that restrictions have to be included for over- night car and truck parking and storage on the outside of the station. He indicated that residential areas were to the east, and Don Carters Bowling Alley was located on the opposite side of the street. He said many youngsters were in the area, and vehicles on the outside of the station, parked on an overnight basis, would cause many problems. He felt the total landscaped area has to be shown, and also the con- sideration for the south side reverse flow road, with the position and the paving involved. Mr. Wishnia said that he agreed to bonding, as recommended by the Plan- ning Commission. C/M Disraelly said that he would be pleased to plan the berming or handling of it on University Drive and Southgate Boulevard, and the area within the wall. V/M Massaro said that Mr. Birken was not comfortable with an "intent", and said that C/M Disraelly, as liaison with the Beautification Com- mittee, meet with them, and arrive at the beautification expected, and bring back information and an appropriate document, which relates to the access road; also, the required bond to be noted in the agree- ment, and the revision of the sketch should show the access provision. She said that the concept plan has to be corrected, in order to be more meaningful to Council, and so MOVED. C/W Kelch SECONDED. Mr. Wishnia said that he would beautify the station, but could not give a particular time at this point for everything to be prepared. VOTE: ALL VOTED AYE. Mr. Shiff indicated that he would advise Council when they are ready. 33. Elected Officials Terms of Office - Temp. Ord. #723 -- Amends Code Section 2 by modifying the date which elected officials take office. Discussion and possible action. Second Reading. SYNOPSIS OF ACTION: Adopted on 2nd Reading ORDINANCE NO.0- O v "� PASSED. If The City Attorney read Temp. Ord. #723. Mayor Falck opened the discussion to the public, and closed it because there were no comments received. C/M Disraelly said the purpose of this ordinance was to establish a formal time for the swearing -in of elected officials, and MOVED for the adoption of Temp. Ord. #723, on second and final reading, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. 34. Business Uses - Temp. Ord. #710 - Amending Code Section 28 by estab- lishing restrictions on various types of businesses. Second Reading. SYNOPSIS OF ACTION: Adopted on 2nd Reading ORDINANCE NO.O- OV - 6a PASSED. The City Manager read Temp. Ord. #710. Mayor Falck opened the discussion to the public, and closed it because there were no comments received. C/M Disraelly said that the title was self-explanatory, as to the proposed changes, and MOVED for the adoption of Temp. Ord. #710, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. 35. Park and Recreation Site Acqui_sitio_n_ - Tem2. Ord. #742 - Amends Code Section 20 relating to park and recreation lands in RD-7, R-3 and R-4A zoning districts. Discussion and possible action. Second Reading. SYNOPSIS OF ACTION: Tabled to 5/28/80 meeting. -22- 5/14/80 mr/ The City Attorney read Temp. Ord. #742. Mayor Falck opened the discussion to the public, and closed it because there were no comments received. V/M Massaro felt that this item should be tabled because of additional work that is involved, because some of the projects were going into very extensive recreation parcels; with proposals being required for Council's consideration. She MOVED to table the item to the next regu- lar meeting of 5/28/80, and C/M Disraelly SECONDED. VOTE: ALL VOTED AYE. , 36. Code Supplement #4 - Temp.Ord. #752 - Discussion and possible action to adopt the 4th Supplement to the Code of Ordinances. Second Reading. SYNOPSIS OF ACTION: Adopted on 2nd Reading ORDINANCE NO.0-149--42 PASSED. VOTE: The City Attorney read Temp. Ord. #752. Mayor Falck opened the discussion to the public. Melanie Reynolds said that she objected to adoption of Supplement #4, because it has not been properly researched. She said there were ordinances in conflict and ambiguous, and were not proper. Ms.Reynolds said the Charter has to be reworked. C/M Disraelly felt the items should be submitted to Council in written form, for their consideration, but the Charter before them is the Charter of the City of Tamarac, and is valid. Fie said that a review of the Planning Commission minutes could be accomplished, if they are presented to him. Mayor Falck closed the discussion to the public, because there were no further comments received. C/M Disraelly MOVED for the adoption of Temp. Ord. #752, on second and final reading, and C/W Kelch SECONDED. ALL VOTED AYE. 37. Council District Boundaries - Temp. Ord.. #754 - Amends Code Section 2 by removing the codification requirement for the boundaries. Discus- sion and possible action. Second Reading. SYNOPSIS OF ACTION: Adopted on 2nd Reading ORDINANCE NO.O- $'V",59 PASSED. The City Attorney read Temp. Ord. #754. Mayor Falck opened the discussion to the public, and closed it because there were no comments received. V/M Massaro MOVED for the adoption of Temp. Ord. ;#754, on second and :final reading, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. 38. City Council Regular Meetings - Temp. Ord. #755 - Amends Code Section 2 to conform with the Charter provision of the August recess. Discussion and possible action. Second Reading. SYNOPSIS OF ACTION: Adopted on 2nd Reading ORDINANCE NO.O- 0Q ~�0 PASSED. VOTE: The City Attorney read Temp. Ord. #755. Mayor Falck opened the discussion to the public, and closed it because there were no comments received. V/M Massaro MOVED for the adoption of Temp. Ord. t#755, on second and final reading, and C/W Kelch SECONDED. S#II 5/14/80 mr/ 39. Woodmont - Tract 47 - Vacation of Easement - Temp. Ord. #757 - Dis- cussion and possible action to vacate an entranceway easement to this tract from the golf course. Second Reading. SYNOPSIS OF ACTION: Adopted on 2nd Reading ORDINANCE NO.O- pD 4 o /^ PASSED. VOTE: The City Attorney read Temp. Ord. #757, and indicated that it was not an easement, but a dedicated right-of-way, which is corrected in the title. Mayor Falck opened the discussion to the public, and closed it because there were no comments received. s Mr. Birken said the right-of-way was shown on the master plan, which copies were distributed to Council. C/M Disraelly MOVED for the adoption of Temp. Ord. #757, on second and final reading, and C/W Kelch SECONDED. ALL VOTED AYE. GENERAL ADMINISTRATIVE/FINANCIAL 28. Police Chief Appointment - Report by City Manager, discussion and pos- sible action. IYNOPSIS OF ACTION: Appointment of I?olice Chief Joseph Macintosh. Mr. Gross indicated that a memo was distributed to Council, and noted that numerous applications were submitted for the position. Also, he said that a Review Board consisted of three Police -.Chiefs namely two in Broward County and a former Police Chief residing in Tamarac. Fie said out of ten applicants, three men have taken positions in other cities, with two refusing, because of the length of travel, but five men were interviewed. The following top three men were named, Joseph Macintosh, Thomas Webster and John Roche. His memo indicated his review of the three resumes, and would recommend that Major Joseph Macintosh, of the Ft. Lauderdale Police Department, be named the Police Chief of the City of Tamarac. C/M Zemel said that members of Council received the background informa- tion for Mr. Macintosh, but without indication of the manner of arriving at this decision, and also no rating for the other police officers. He felt there was no comparison that the City Council could make. Mr. Gross said that the City Charter expressly states that the Police Chief recommendation be left to the City Manager's discretion, and said that the records are on file, and could be reviewed. Fie noted that the technical points of police work were left to the judgment of the Review Board, with the number one --choice being Joseph -Macintosh. C/M Disraelly said that he reviewed the reports of the oral examina- tions that were performed by the three Chiefs, and felt that the re- sults were fairly close as to independent observations. He stated that a discussion was held with one of the Chief's who performed the oral examination. C/M Disraelly added that John Roche has done an outstanding job in the Department and for the City, especially as Acting Chief. He further stated that based on review of the examina- tions, and his conversation with Chief Markham, it was indicated that top priority would be for an Administrative Officer, due to problems within the department. He, therefore, MOVED that the recommendation of Joseph Macintosh be approved by Council, as Police Chief of the City of Tamarac, and C/W Kelch SECONDED. V/M Massaro said that she would not disapprove the nomination, pro- viding there is a one-year probation period, because there is a need for a positive reaction in the department. She said there is generally a six-month probationary period for employees, but felt that a deter- mination could not be made within such a short period of time. 24- 5/14/80 mr/ r Mr. Gross said that a one-year probationary period is difficult, because the benefits which accrue for an employee are established after the six-month period. He said that a department head works at the pleasure of the City Manager, and if the job is not performed properly, and the City Manager does not do something about it, then the City Council has the prerogative to remove the City Manager and the individual involved. He additionally stated that John Roche has been with the City for some length of time, and has done a very good job, also stating that the decision for this choice was quite difficult. Mr. Gross said he is very well -liked, and the decision was not from a personal point of view. C/W Kelch said that her second to the motion indicated this gentleman was outstanding, and the City of Tamarac was fortunate to gain someone who has 24 years of experience, with recent experience in the realm of administration. Mayor Falck felt that the probationary period should be extended, if possible. He said if the individual has the qualifications, then he would not be adverse to this determination. Tape C/M Disraelly said that his motion indicated Mr. Macintosh was a fine Side administrative officer, but would not want to limit him from doing #6 the job, because qualifications were being considered as top priority. He further added that it was the City Manager's decision, and there should be no strings attached. V/M Massaro MOVED to AMEND THE MOTION, by stating that the probationary period be for one-year, and does not include an extension of employee benefits, and C/M Zemel SECONDED. VOTE: C/W Kelch - Nay C/M Zemel - Aye C/M Disraelly - Nay V/M Massaro -- Aye Mayor Falck -- Aye VOTE FOR THE AMENDED MOTION: C/W Kelch - Aye C/M Zemel - Aye C/M Disraelly - Aye V/M Massaro - Aye Mayor Falck - Aye Joseph Macintosh, a Tamarac resident, accepted the appointment of Police Chief, and thanked the City Council for their confidence. He said his record indicated 25 years with a fine and professional Police Department, and would administer the Tamarac Police Department, in the same manner as Ft. Lauderdale. It was his feeling that the professionalism would be reflected in the performance of the rank and file police officers. Mr. Macintosh said that he did not have any qualms as relates to the Vice -Mayor's amendment, and was a firm be- liever in a probationary period. He further added that "he who does not belong, and is not competent, should go". Mr. Macintosh said that he heard some very fine things about Lt. John Roche and Lt. Sam Joseph, but has not had direct contact with them. He said if everyone works together, it could be one of the finest Police Departments in the country. LEGAL AFFAIRS 45. Setback Requirements - Temp._ Ord. #751 - Amending Code Section 28-49 by reducing rear yard setback requirements in R-2 zoning districts. Discussion and possible action. First Reading. SYNOPSIS OF ACTION: Approved on 1st Reading. The City Attorney read Temp. Ord. #751. -25-- 5/14/80 mr/ C/M Disraelly said that he was the proponent of this particular ordi- nance, and advised the City Attorney that there were no more RD or R-2 districts left in the City. But, he said, a situation has arisen in Academy Hills, which was and is an R-2 district. The developer, he stated, came into the City in 1972 with a site plan, which noted some homes with a 15 foot setback, and others with 25 foot setbacks. The site plan, he said, showed an envelope for each of the apartments, with a 15 foot setback. On October 11, 1972, an ordinance was passed, he said, changing the rear yard setbacks from 15 to 25 feet, with site plan approval by Council on November 8, 1972, and was approximately one month after passage of the ordinance. As a result, C/M Disraelly said that all these homes were built with a site plan permitting 15 feet, but the ordinance still required 25 feet. This situation involved a zoning change, and many people were "non --conforming"; and was similar to a situation that was handled in the Woodlands approximately one month previous. He, therefore, requested that the ordinance be changed, which would put the rear setback conforming to 15 feet, because it involved three- quarters of the homes. He indicated that the sale of any of these homes would involve a problem, because theoretically all of the homes were built in violation, for that period of time. Because, he said, the site plan took one year to process, and the site plan was signed - off four weeks after the ordinance was changed, the building was per- mitted to continue. C/M Disraelly further added that the homes have a line of Australian Pines to the north, and the property to the south is B-6 zoning, with residential beyond this. He additional stated there was no other. undeveloped R-2 zoning in the City. V/M Massaro said this could be approved on first reading, and further researched prior to second reading Evan Cross said that on 88th Avenue, directly south of the City Hall parking, on both sides of the street, there is R-2 zoning, to which C/M Disraelly indicated that this information differed from what Mr. Cross previously told him. V/M Massaro then recommended that action be tabled, to which C/M Disraelly said the situation has been created, which permitted people to build. He said Ordinance 72-06 indicates 15 feet, and 0-72-39 changed it to 25 feet. Mr. Birken said that RD-7, which was passed within the past 1 1/2 years, shows the same density as R-2, and has many identical regulations. RD-7, he said, has a rear setback of 15 feet,which is presently being requested for one --story buildings, and 20 feet for two -stories. V/M Massaro MOVED for approval on first reading, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. COMMUNITY DEVELOPMENT 51. Commercial Plaza - Sign Waiver - Temp. Reso. #1594 - Discussion and possible action on request to install one additional directory sign for this shopping center. SYNOPSIS OF ACTION: C/M Disraelly requested to check the sign, and if appropriate by ordinance, the applicant is to install the names. Arnold Klein represented the Commercial Plaza, and said there was approximately 520 foot lineal frontage. He added that there was an existing sign at the south -end of the Plaza, and people approaching the shopping center,are beyond it, after reading the sign. He said there is also an identification sign, which exists, and would request -26- 5/14/80 mr/ permission to have the tenants insert their names on this sign. V/M Massaro felt the second sign should be identical to the other sign, because names being inserted at the bottom would not be legible. C/M Disraelly advised that Mr. Klein appeared before the Beautification Committee previously with the proposed sign; also presenting another sign approximately one or two years previous. It was indicated to him, C/M Disraelly said, that the sign was irregular, with the sugges- tion that the second sign be installed, which would be similar to the first one. This Plaza, he said, was on 441, just north of Sambos, with the directory sign located at the south end. In July of 1977, the Beautification Committee anticipated that Council would approve two directory signs, one at the north and the other at the south end; but Mr. Klein did not return until recently. C/M Disraelly said that a new sign was discussed, which the Beautification Committee indicated would require presentation to Council. He said the ground sign change was being requested at that time, but the Committee felt that he would not have a ground sign. It was the recommendation of the Beautification Committee, he said, to have a second directory sign at the north end of the Plaza, instead of destroying the ground sign. Furthermore, he said, a directory sign has to be raised six feet above the ground, by ordinance, for visibility of automobiles approaching this area. It was C/M Disraelly's suggestion that Mr. Klein come in with a sign to be placed at the north end of the property, and leave the ground sign in the present location. Mr. Klein said that the identification sign is 50 feet from the north side of the Plaza, and could be elevated to a six (6) foot opening. He also said there is are 8X10 foot boards where the signs could be mounted, and has been in existence since the Plaza was built. This was requested by him approximately two years ago, and was north of the second entrance. He indicated that he received a permit for this in- stallation, but was presently requesting the names of the tenants be inserted. C/W Kelch inquired whether there was adequate room for the six (6) foot elevation, and still permit the names to be inserted, to which Mr. Klein replied in the affirmative. He said this was refused by the Beautification Committee, for the insertion of the names, and has been in existence for the past six years. C/M Disraelly said that he would view the signs. V/M Massaro MOVED that C/M Disraelly be authorized to view the sign, and if it conforms with the ordinance, then the applicant be permitted to insert the names; if not, then the item should be called again for consideration. C/W Kelch SECONDED. VOTE: ALL VOTED AYE. 56. Woodmont - Tracts 55 and 61 - Bond Release -- Temp. Reso. #162.1 - Dis- cussion and possible action to release a warranty Letter of Guarantee posted by Toll Development. SYNOPSIS OF ACTION: a) Bond Release -Adopted, RESOLUTION NO.R-,& Z /PASSED. and b) AGENDIZED BY CONSENT - Temp. Reso. #1625 -- Water & Sewer Improvements - Tract 55 - RESOLUTION NO.R-Q -1 PASSED. Adopted; also, Ten . Reso. #1626 - Tract 61 - Adopted. RESOLUTION NO.R- Q -?Aa PASSED. The City Attorney read Temp. Reso. #1625, and V/M Massaro MOVED for its adoption, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. The City Attorney read Temp. Reso. #1626, and V/M Massaro MOVED for its adoption, and C/M Disraelly SECONDED. VOTE: ALL VOTED AYE. -27- 5/14/80 mr/ L --1 The City Attorney read Temp. Reso. #1621. V/M Massaro said the bill of sales have been submitted, and the City Engineer has approved the required work. Also, the list given to Mr. Toll for three specific items, has been corrected, she said, and then MOVED for the adoption of Temp. Reso. #1621, authorizing the release of the Warranty Letter, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. LEGAL AFFAIRS 44. Occupational License Ordinance Amendment - Tem . Ord. #753 - Amending regulations pertaining to jewelry businesses. Discussion and possible action. First Reading. SYNOPSIS OF ACTION: Approved on 1st Reading, as amended. C/M Disraelly read Temp. Ord. #753, and said this was discussed under businesses, and was noted that the concept of the jewelry business differed from previous years, because gold and silver is purchased for exchange of various items. It was previously discussed, he said, that a separate license would not be required if the business has an appropriate occupational license, and would be included in a regular fee, for both jewelry dealers and jewelry and watch repairing. He additionally stated this came forth due to the opening of the Jewelry Exchange. He said that C/M Zemel addressed a memo to him, with the determination that the proposed ordinance did not require changes, and so MOVED for the adoption of Temp. Ord. #753 on first reading. C/W Kelch SECONDED. C/W Kelch inquired whether the fees were reviewed as to the present requirements, to which C/M Disraelly replied in the affirmative, and stated that one-half of the year has passed, and felt that the changes will be in effect with the next year's occupational license. Mr. Birken said the effective date of the ordinance should be 9/30/80. VOTE: ALL VOTED AYE. Sol Robinson, in behalf of the merchants at the Jewelry Exchange, on McNab Road and University Drive, felt they were in agreement that rebates should not be given on this license, but to take effect on the next renewal. 42. Broward Count - Mosquito Control Pro ream - Tema. Reso. #1620 - Dis- cussion and possible action to approve an agreement for aerial spraying operations. SYNOPSIS OF _ACTION: Adopted RESOLUTION NO.QPASSED. The City Attorney read Temp. Reso. #1620. Mr. Gross said approval of this resolution permits flying over the area for mosquito control spraying, at a height of 500 feet, without charge to the City, because it is part of the County program. C/M Disraelly MOVED for approval, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. COMMUNITY DEVELOPMENT 53. Riverside Memorial Chapel - Discussion and possible action on: a) Site Plan b) Landscape Plan c) Plat - Temp,-Reso. #1615 SYNOPSIS OF ACTION: Tabled to reconvened meeting of 5 21 80 pending Developers Agreement. Ina 5/14/80 mr/ Mr. Birken said there is a Water and Sewer Developers Agreement, and the City was not informed of this on the Agreement of Purchase and Sale with the Utility,. The Utility, he said, was obligated to inform the City of agreements which would be assumed. A list was given to the City, he stated, but this particular agreement was not designated. Mr. Birken said the assets of the Utility were purchased, and those things that were spelled out, but did not assume the res- ponsibility for the Corporation, and any breach of contract, was not the problem of the City. He said if Riverside wants to seek relief from Tamarac Utilities, Inc., that avenue is open to them, but the City Attorney's office did not have any knowledge of this Water and Sewer Developers Agreement. A representative of Riverside said that as prerequisite of submitting plans to the City, for preliminary review, approximately 12 to 14 months previous, there was a requirement for submission of proof from the Utility Company as to service capacity. At the time that the Preliminary Plan was submitted, he said, a letter was also given from the Utility, which approval was given by the City; also, acceptance on the final plan, because the Developers Agreement did not have to be executed, because of the commitments. Mr. Birken said that commitments were one thing, and a valid Water and Sewer Agreement was another. Fie reiterated that it was not on the list given to the City. Morris Simon, the Architect for Riverside, said that the City requested him to get the connections, and, in turn, they were informed of the results. If, he said, an audit was performed, their name would appear. In order to further the application, Mr. Simon said they did everything the City requested. V/M Massaro said that she would not honor this Developers Agreement, because she found that only one check was paid, and Tamarac Utilities returned additional monies to Riverside, which check copy was retained by the Utility. She said their argument was with the old Tamarac Utilities, but not with the City, and they will be required to submit a Developers Agreement before action can be taken on the site plan. Mr. Simon said that he will inform his client. Mr. Birken reiterated that their "gripe" is with Tamarac Utilities,Inc. because they have Riverside's money, and did not notify the City of an existing agreement. V/M Massaro MOVED to table this item until that time that Riverside Memorial Chapel submits a Developers Agreement, for the Wednesday, May 21st, 1980 meeting, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. MEETING WAS RECESSED TO MONDAY, MAY 19, 1980, AT 9:00 A.M. i� MAYOR ATTEST: ASS'T.�CITY CLERK This public document was promulgated at a cost of $ % �. /, or per copy, to inform the general public and public o ficers and employees about recent opinions and considerations by the City Council of the City of Tamarac. -29- 5/14/80 mr/ APPROVED BY CITY COUNCIL L,ONo t.4L. // ?o