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HomeMy WebLinkAbout1984-06-27 - City Commission Regular Meeting Minutes (2)OF fiq,y u n ��ORIpP P.o. BOX 25010 'TAMARAC, FLORIDA 33320 FIRST CLASS MAIL CITY OF TAMARAC, FLORIDA CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY, JUNE 27, 1984 CALL TO ORDER: 9:00 A.M. ANNOUNCEMENTS OF TIME ALLOCATIONS - MOTIONS TO TABLE - The Chair at this time will announce those items which have been given a specific time to be heard, and will entertain motions from Council members to table those items which require research. Council may agendize by majority consent matters of an urgent nature which have come to Council's attention after publication. AWARDS AND PRESENTATIONS 1. Employee Service Awards - Presentation by City Manager Stuurmans of five-year pins to James Budzinski and Dennis Peloso, Fire Department, and Glenda Christian, Finance Department, and a ten-year pin to Steve Davidson, Building Department. Added a) Proclamation designating June 30-July 1, 1984,"March of Dimes Week-E 2. 1984 Legislative Session - Presentations by Representatives Joe Titone, Peter Deutsch and Senator Peter Weinstein. (This item is scheduled to be heard approximately 9:00 a.m.) BOARDS AND COMMITTEES 3. Recreation Board -- Discussion and possible action on: a) Acceptance of resignation of Phyllis Stein. b) Announcement of vacancy on this board. If anyone is interested in serving on this Board, please contact the City Clerk's office for an application. 4. Golf Feasibility Committee -- Discussion and possible action to reconsider establishment of this committee by Resolution 84-180. 5. _Welcoming Committee - Temp. Ord. #1119 - Discussion and pos- sible action to amend Article IV of Chapter 2 of the Code to increase the number of members from 12 to 15 and to amend the provision pertaining to residents eligible to participate in this program. First Reading. CONSENT AGENDA 6. Items listed under Item #6, Consent Agenda, are viewed to be routine and the recommendation will be enacted by one motion in the form listed below. If discussion is desired, then the item(s) will be removed from the Consent Agenda and will be considered separately. a) Minutes of 5/21/84 - Special Meeting - Approval re- commended by City Clerk. b) Minutes of 5/23/84 - Regular Meeting - Approval re- commended by City Clerk. 6/27 - P1,2,&3 Added la. 1. Pins presented by City Manager. la. Proclamation presented by Mayor Kravitz. 6/27 - P. 2 & 3 Reports given by Rep. Titone & Deutsch & Senator Weinstein. 6/27 - P. 5 a) Accepted resignation. b) Announced vacancy. 6/27 - Pg. 6 TABLED to 7/11/84 6/27 - Pg. 6 APPROVED on First Reading, as changed. 6/27 - Pg. 7 APPROVED a) thru i) . PAGE TWO c) Minutes of 5/30/84 - Special Meeting - Approval re- commended by City Clerk. d) Minutes of 6/4/84 - Special Meeting - Approval re- commended by City Clerk. e) Mitchell Ceasar - Grants Consultant - Retainer for June, 1984 - $1,250.00 - Approval recommended by City Manager. f) Alan F. Ruf - Consultant City Attorney - 6/21/84 - $1,116.00 - Approval recommended by City Manager. g) Shailer, Purdy & Molly - Counsel for contraband for- feitures - Services for May, 1984 - $327.02 - Approval recommended by City Manager. h) Miller & Meier & Associates, Inc. -- Architectural Services for Municipal Facilities (Schematic Design Phase) - 6/1/84 - $25,200.00 - Approval recommended by City Attorney. i) Grants Consultant contingent (percentage) fees - Approval to remove this item from the agenda. GENERAL ADMINISTRATIVE/FINANCIAL 6/27 - Pg. 7 7. Emergency Medical Services - 'Temp. Reso. #3198 -- Discussion APPROVED; Work - and possible action to renew an EMS Agreement with Broward shop to be County for one year. scheduled. 6/27 - Pg. 8 8. New City Hall and Police Station - Presentation by arch- APPROVED sche- itects of status report with schematics - Discussion and matic design & possible action to authorize next phase of projects. authorized de- sign develorment. 9. Grants - Status report by Mitchell Ceasar, Grants Consult- 6/27 - Pg. 6 ant. Discussion and possible action. Re 1ven• 6/27 - Pg. 8 10. Investment Advisor Committee - Report/recommendations . Next mtg 6/29/84 Discussion and possible action. Council to re- ceive Minutes. 11. Broward League of Cities Business - Discussion and possible 6/27- Pg• 8 action. Report given by Ma or Kravitz. LEGAL AFFAIRS 12. Municipal Parking Lot at Tamarac Utilities East - Dis- 6/27- Pg. 8 cussion and possible action on: APPROVED a) a) Establishing revised fees for obtaining parking space and b). permits - Temp. Reso. #3176 b) Revising Exhibit A, "Parking Agreement", to Resolution 84-158. ( tabled from 6/13/84) . 6/27 - Pg. 17 Auth C/Plnr to 13. Land Section 7 Land Use Plan and Text Revisions - Dis- Proceed with cussion and possible action to authorize a submittal for a P.H. & C/Atty 60-day governmental review. to proceed twd 6-month extnsn 14. Signalization and Realignment of NW 61 Street - Ted- of moratorium. Reso. #3200 - Discussion and possible action to authorize 6/27- Pg-9 execution of an Amended Agreement with Broward County. APPROVED. 15. Potable Water Resources - Temp. Reso. #3199 - Discussion and possible action to oppose any attempt by Broward County to undertake the management of potable water resources. 16. Administrative Variances - Discussion and possible action. 6/27 - Pg. 10 APPROVED. 6/27 - Pg. 11 Auth C/Atty to draft Ord for 7/11/84 Council Meeting. I PAGE THREE PUBLIC HEARINGS - 2:00 P.M. /27 - Pg. 16 17. Sonny Gentile, Property Owner - Limited Parking Waiver - DHHeld. Petition #17-Z-84^- Temp. Reso. #3201 - Discussion and pas- PROVED for 8 sible action to grant a limited waiver to the parking Fpaces, with requirements of Chapter 18 of the Code to allow a waiver of onditions. nine (9) spaces for the residential/commercial building at the southeast corner of McNab Road and NW 70 Avenue which is zoned B-1 (Neighborhood Business). /27 - Pg. 17 18. Family Center, Inc. d/b/a The Family Mart #020 - Special PROVED, with Exception Petition #18-Z-84 - Temp. Reso. #3202 - Dis- mnditions. cussion and possible action to grant a special exception to permit a deli -cafe seating area with thirty-eight (38) seats in the Family Mart store at 7100 N. University Drive which is zoned B--2 (Planned Business). /27 - P.12,20,21 COMMUNITY DEVELOPMENT ABLED; then reconsidered & 19. Sands Point Condo IV, Inc. - Revised Site Plan - Temp. PABLED to 7/11/84 Reso. #3204 - Discussion and possible action on a revised Yleeting. site plan for revisions to the traffic flow. 20. Choice Seats - Sign Waiver - Temp. Reso. #3188 - Dis- /27 - Pg. 14 cussion and possible action to waive the provisions of the PROVED, with sign ordinance for type of lettering on a directory sign zonditions. at 3725 W. Commercial Boulevard (tabled from 6/13/84). 7 - Pg. 12 21. Woodmont Tracts 74/75 - Discussion and possible action on: PROVED a) and a) Renewal of a model sales permit in connection with Site Plan 1 and Site Plan 3. ) for 6 months, to expire on b) Renewal of a model sales permit in connection with Site /12/85. Plan 2 and waiver of the 300-foot distance requirement for certificates of occupancy. 22. Woodmont Tract 63 - Bond Release - Temp. Reso. #3203 - /27 - Pg. 9 Discussion and possible action to release a performance PROVED. bond posted for sodding of the canal bank for Lot 28. 27 - Pg. 10 23. Texaco Service Station -- Temp. Reso. #3205 - Discussion PROVED; County and possible action to accept a�sidewalk easement. be approached e sidewalk. 24. Drainage Improvements in the City - Discussion and possible 27 - Pg. 10 action. t by C/Engr. . REPORTS 27 - Pg. 12 pts given by 25. City Council /M Dunne. 26. City Manager /27 - Pg. 13:ieport given. 27. City Attorney 27 - Pg.12&21port given. City Council may consider and act upon such other business as may come before it. Pursuant to Section 286.0105, Florida Statutes, if a person decides to appeal any decision made by the City Council with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is based. CITY OF TAMARAC 61 _ A Carol A. Evans Assistant City Clerk :128. Charter Board Eq2uest for Joint worksla Meetin -- Discussion and possible action. Agendized by Consent) 29. Parks and Recreation Department - Tract 27 - Site Plan Proposal - Soccer and Football Fields - Discussion and possible action. (Agendized by Consent) 30. Jo Jo Pizza - Transfer of Beer/Wine Special Exception -- Temp. Reso. #3206 - Discus ion and Possible action. (Agendized by Consent) FOUR 6/27 - Pg.1&5 APPROVED. 6/27 - Pg. 1&4 Pks & Recr Dept auth to proceed w/Bid NTE $3,800. 6727 - Pg. 2,3, 4 & 14. APPROVED. CITY OF TAMARAC, FLORIDA REGULAR CITY COUNCIL MEETING June 27, 1984 Tape CALL TO ORDER: Mayor Kravitz called the meeting to order on 1 Wednesday, June 27, 1984 at 9:00 A.M. in the Council Chambers. ROLL CALL: PRESENT: Mayor Philip B. Kravitz Vice Mayor Sydney M. Stein Councilman Jack Stelzer Councilman John J. Dunne ABSENT AND EXCUSED: Councilman Raymond J. Munitz ALSO PRESENT: Laura Z. Stuurmans, City Manager Jon M. Henning, City Attorney Carol A. Evans, Assistant City Clerk Patricia Marcurio, Secretary MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Kravitz called for a Moment of Silent Meditation in memory of Mortimer Wander and then conducted the Pledge of Allegiance. 1 a). March of Dimes Proclamation - Presentation by Mayor Kravitz of a Proclamation designating the week -end of June 30 to July 1, 1984, as "March of Dimes Week -End". SYNOPSIS OF ACTION: Agendized by Consent. (See Page 3). Mayor Kravitz requested Agendizing by Consent presentation of a proclamation designating 6/30 - 7/1/84 as "March of Dimes Week --- End". C/M Dunne so MOVED, SECONDED by V/M Stein. VOTE: ALL VOTED AYE 28. Charter Board Request for Joint Workshop Meeting - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. (See Page 5). Mayor Kravitz said Council has received correspondence from the Charter Board requesting a joint workshop meeting and he suggested this be Agendized by Consent. V/M Stein so MOVED, SECONDED by C/M Dunne. VOTE: ALL VOTED AYE 29. Parks and Recreation Department - Tract 27 - Site Plan Pro- posal - Soccer and Football Fields - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. (See Pages 4 & 5). V/M Stein said he has a request from the Parks and Recreation Department concerning an emergency item concerning Tract 27 site plan proposal for soccer and football fields. He MOVED to Agendize this item by Consent, SECONDED by C/M Stelzer. VOTE: ALL VOTED AYE - 1 - 6/27/84 /pm 30. Jo Jo Pizza - Transfer of Beer/Wine Special Exception - Temp. Reso. #3206 - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. (See Pages 3, 4 & 14). C/M Stelzer said Council has received a communication from the City Clerk advising that this item be Agendized by Consent and he so MOVED, SECONDED by V/M Stein. VOTE: ALL VOTED AYE AWARDS AND PRESENTATIONS 1. Employee Service Awards - Presentation by City Manager Stuurmans of five-year pins to James Budzinski and Dennis Peloso, Fire Department, and Glenda Christian, Finance Department, and a ten-year pin to Steve Davidson, Building Department. SYNOPSIS OF ACTION: Presentations were made to Glenda Christian and Steve Davidson. James Budzinski and Dennis Peloso of the Fire Department were not available at this meeting to receive their pins. City Manager Stuurmans noted that the two representatives from the Fire Department were unable to be present today. She presented a five-year pin to Glenda Christian, Data Processing Manager of the Finance Department and a ten-year pin to Steve Davidson, Chief Plumbing Inspector. 2. 1984 Legislative Session - Presentation by Representatives Joe Titone, Peter Deutsch and Senator Peter Weinstein. SYNOPSIS OF ACTION: Presentations were given by Representatives Joe Titone and Peter Deutsch and Senator Peter Weinstein. Representatives Joe Titone, Peter Deutsch and Senator Peter Weinstein reported the following: 1. They will continue to work on the Grant applications and they were able to arrange a meeting with the Governor to discuss that problem. 2. They introduced a bill to permit municipalities to invest their surplus funds in additional types of securities and investments. Tape 3. They were successful in implementing a Bill of Rights for 1 A victims and witnesses which allows for restitution and re- imbursement for injuries. 4. They were instrumental in implementing the requirement that there be a 5-year requirement for County Court Judge and a 10-year requirement for Circuit Court Judge. 5. The Governor vetoed a bill Senator Weinstein filed which would fund special programs, called the Safe School Act. This would not just concern the hardware of safe schools such as alarms and security systems to prevent vandalism, but would concern special funds to be used for counseling of troubled students. Senator Weinstein said the Governor felt the funding mechanism was too broad and would include too many counties but they will bring this veto up at the reorganiza- tional meeting in November and attempt to override the veto at that time. - 2 - 6/27/84 /pm 6. Broward County will get an additional $1,500,000 for safe schools this year through the budget portion of his bill which was not affected by the veto. 7. They cow -sponsored the Hospital Cost -Containment Act. 8. They passed legislation eliminating telephone solicitations. Tape 9. They sponsored a Firemen's Bill of Rights for protection of 1 firemen as well as police officers but this was held hostage by the Chairman of the Personnel Retirement Collective Bargaining and released too late to make the calendar and did not become law. 10. They took negotiations over real property and City Attorneys' legal papers out of the sunshine. 11. There were two things passed which would adversely affect cities which they fought against but lost: a) after 10/l/84, cities will no longer be able to hold a landlord responsible for the utility payments for his particular hookup, however, there are alternatives. b) the Federal Government is working on legislantion which would limit the amount of Industrial Revenue Bonds that any State can issue. This gives the Governor total dis- cretionary power on disbursement of Industrial Revenue Bonds. 12. They passed laws creating mandatory rules requiring prisoners to work. 13. Consumer Affairs legislation eliminating boiler rooms from operating in the State. 14. After 10/l/84, the cities will be able to invest their surplus funds any way they want which will enable them to secure the highest yield on those funds. 15. They killed a bill which would take the responsibility for the Fire Pension Board away from City officials. 16. They killed a bill which would take away the City's ability to regulate outdoor advertising in the City. C/M Dunne asked what can be done to curtail the raises the people have been getting from the utility companies since the service is so bad with outages, etc. Representative Deutsch said he supported an elected Public Service Commission because presently the people have to tolerate poor service and rate increases. 1 a). March of Dimes Proclamation - Presentation by Mayor Kravitz of a Proclamation designating the week -end of June 30 to July 1, 1984, as "March of Dimes Week -End". SYNOPSIS OF ACTION: Agendized by Consent. (See Page 1). Proclamation was presented. Mayor Kravitz read the proclamation into the record and presented this to a representative of the March of Dimes, designating the week -end of June 30 to July 1, 1984 as "March of Dimes Week -End". COMMUNITY DEVELOPMENT 30. Jo Jo Pizza - Transfer of Beer/Wine Special Exception - Temp. Reso. #3206 - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. (See Page 2). Held for later in the day. Mr. Henning said there is a sale being transacted with the Jo Jo Pizza Restaurant and the new owners are present. He said they were in the Planning Department yesterday trying to determine if they could transfer the special exception. He said they are preparing a Resolution at this time which would authorize this if Council so desires. He said as background, in 1982 Council held public hearings and granted special exceptions, first, for a restaurant which at that time was called Jo Jo Pizza Restaurant. He said this was done by Resolution 82-182 and Resolution 82-183 authorized the on -premises consumption of beer and wine. - 3 - 6/27/84 /pm Mr. Henning said primarily the beer and wine on -premises consump- tion, in addition to stating that the closing hours can be no later than 2:00 A.M. local time, which is customary, stated that the exception is not transferable. Mr. Henning said this was not a legal requirement but Council retained that restriction for further approval. Mr. Henning said Council has the alternatives of denying the transfer, allow the transfer and amend the earlier Resolutions or could require an additional public hearing. He said the closing on the building is 6/29/84 and the Police should be given the time to do a customary background check by computer. He said the restaurant will have the new name of Sorrento Pizza Restaurant. V/M Stein asked why Council is put in the position of approving something like this at last moments notice. Rose Farruggia, part owner, said they agreed to purchase this restaurant on Monday, Tuesday they went to an attorney and then came to City Hall and were informed this special exception was necessary. V/M Stein questioned why their attorney did not explain that the restaurant could only be purchased after the City Council would approve this special exception. V/M Stein suggested this item be held for discussion later in the day to allow time for the Police to check by computer all facts. 29. Parks and Recreation Department -- Tract 27 - Site Plan Proposal - Soccer and Football Fields - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. (See Page 1). The Parks and Recreation Department was authorized to proceed with a bid package for lights not to exceed $3,800. V/M Stein said at the request of C/M Munitz, who is liaison to Parks and Recreation, he requested agendizing this. Sharon Ellis, Director of Parks and Recreation, said in April they presented to Council a proposal of their plans for 1984 which included develop- ment of Tract 27. She said at the 6/13/84 meeting, Council approved hiring consultants to present a site plan. She said this consultant met with her and the City Engineer because a water storage tank is involved. She said Council has a pre- liminary print, however, at the next Council meeting there will be more for their opinion on various items. She said the subject Tape today is the addition of 2 soccer/football fields #3 and #4. 2 She said she is requesting Council approve the 2 additional fields, the Parks and Recreation Department would prepare the bids in-house and they are requesting that $3,800 be spent with the consultant to prepare the lights plan package to go to bid for lights. She said they are trying to avoid overlapping of seasons and they are suggesting making Tamarac Park baseball/softball oriented year- round with soccer/football fields at Tract 27. She said this would avoid the terrible condition of the fields in early spring and there would be no overlapping of seasons and would avoid the heavy maintenance program of the fields. C/M Stelzer asked what the Recreation Department intends to do with the handball and tennis courts that are now located at Tamarac Park and Sharon Ellis said they will stay where they are but on this parcel of land they will be requesting additional racquetball facilities on the tennis courts at a later date. C/M Dunne said he would like to see Parks and Recreation funds separated from the General Fund. V/M Stein MOVED to authorize the Parks and Recreation Department to proceed with a bid package for lights not to exceed $3,800, SECONDED by C/M Stelzer. - 4 - 6/27/84 /pm v C/M Stelzer asked Mrs. Ellis if she had an estimate of what this total project would cost to complete and she said not at this time. She said they are still in the building stages but she could give an estimate on each site plan that is submitted. She said the total package for lighting all 4 soccer fields and the additional 2 with the sprigging will total under $150,000. VOTE: ALL VOTED AYE GENERAL ADMINISTRATIVE/FINANCIAL 28. Charter Board Request for Joint Workshop Meeting - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. (See Page 1). APPROVED. Ben Lieber, Charter Board member, said the Charter Board felt the referendum that Council was considering was ill-advised and they considered proposing their own amendment. He said he requested the Workshop meeting to avoid that situation since it could be embarrassing to the City, especially if both were accepted and the City were faced with a situation with 2 amendments voted on and accepted by the electorate on the same subject. He said he hoped a compromise amendment could be drafted by both the Council and the Charter Board and time is very important. V/M Stein said his opposition to the original proposal was the inference of threat and he questioned where in the Charter Board duties they have the right to propose legislation. He said he has no objection to a Workshop meeting. C/M Stelzer said last year when the amendments to the Charter were proposed that would allow the Charter Board to propose amendments without Council approval, he opposed this because of this type of problem. Mani Avidon, Chairman of the Charter Board, said there have been joint Charter Board/Council meetings in the past and he is hopeful they could have this meeting. He said he feels it would be to the benefit of the Council. C/M Dunne MOVED to hold a joint Workshop meeting with the Council and the Charter Board to be called by the Mayor, SECONDED by V/M Stein. VOTE: C/M Dunne Aye C/M Stelzer Nay V/M Stein Aye Mayor Kravitz Aye BOARDS AND COMMITTEES 3. Recreation Board - Discussion and possible action on: a) Acceptance of resignation of Phyllis Stein. b) Announcement of vacancy on this board. SYNOPSIS OF ACTION: a) ACCEPTED resignation of Phyllis Stein. b) Announced vacancy on this board. a) V/M Stein MOVED to ACCEPT the resignation of Phyllis Stein from this board, SECONDED by C/M Dunne. VOTE: ALL VOTED AYE b) Mayor Kravitz announced the vacancy on this board and those interested in serving may make application to the City Clerk's office. - 5 - 6/27/84 /pm 4. Golf Feasibility Committee - Discussion and possible action to reconsider establishment of this committee by Resolution 84-180. SYNOPSIS OF ACTION: TABLED at C/M Munitz's request. V/M Stein said C/M Munitz has requested that this item be TABLED and he so MOVED, SECONDED by C/M Dunne. VOTE: ALL VOTED AYE 5. Welcoming Committee - Temp. Ord. #1119 - Discussion and pos- sible action to amend Article IV of Chapter 2 of the Code to increase the number of members from 12 to 15 and to amend the provision pertaining to residents eligible to participate in this program. First Reading. SYNOPSIS OF ACTION: APPROVED on first reading as amended. Mayor Kravitz said he spoke with the Chairman of this Committee and there is an urgency for action on this. Mr. Henning read Temp. Ord. #1119 by title. Ed Solomon, Vice Chairman of the Welcoming Committee, said he found that 12 people are not enough to have this Committee work efficiently. C/M Stelzer said he had a suggestion for this Committee as well as other service committees in the City, that the Ordinances that establish these committees state "at least 5 members" with no maximum amount established. Mayor Kravitz agreed with C/M Stelzer's suggestion. C/M Stelzer MOVED APPROVAL of Temp. Ord. #1119 on first reading with his suggested amendment to read "there is hereby created a Welcoming Committee which shall be composed of at least 5 regular members", SECONDED by C/M Dunne. Mr. Henning said the title must be corrected as well on Line 4, the first "2-29" should be "2-28". He said the title should read "An Ordinance amending portions of Chapter 2 of the City Code regarding the Welcoming Committee establishing a minimum of five regular members with no maximum number of regular members". VOTE: ALL VOTED AYE GENERAL ADMINISTRATIVE/FTNANCTAL 9. Grants - Status report by Mitchell Ceasar, Grants Consultant. Discussion and possible action. SYNOPSTS OF ACTION: Report by Mitch Ceasar. Mitch Ceasar, Grants Consultant, reported on the following: 1. A bill would prohibit cities, as a public employer, from utilizing lie detector tests for personnel. 2. University Drive - there was a meeting scheduled for the MIA Committee which is the Maximum Impact formulation committee which decides traffic flow, etc. That meeting was cancelled and will be rescheduled. 3. Commercial Boulevard - This is a $1,000,000 expansion as opposed to the $3,500,000 University Drive expansion project. There was discussion with Mr. Tralins on behalf of the people who own the land and they have been examining other situations in which that land can be acquired to allow for the expansion of Commercial Boulevard. 4. They will be applying for parks grants and there will be a rule change within the Department of Natural Resources and they are sending a copy of this change to him for analysis. - 6 - 6/27/84 _. P _ ---7 5. Concerning the Block Grant, a new committee has been formed and they are awaiting answers to see what areas might be qualified. CONSENT AGENDA 6. Consent Aaenda a) Minutes of 5/21/84 - Special Meeting - Approval recommended by City Clerk. b) Minutes of 5/23/84 - Regular Meeting - Approval recommended by City Clerk. c) Minutes of 5/30/84 - Special Meeting - Approval recommended by City Clerk. d) Minutes of 6/4/84 - Special Meeting - Approval recommended by City Clerk. e) Mitchell Ceasar - Grants Consultant - Retainer for June, 1984 - $1,250.00 - Approval recommended by City Manager. f) Alan F. Ruf - Consultant City Attorney - 6/21/84 - $1,116.00- Approval recommended by City Manager. g) Shailer, Purdy & Jolly - Counsel for contraband forfeitures - Services for May, 1984 - $327.02 - Approval recommended by City Manager. h) Miller & Meier & Associates, Inc. - Architectural Services for Municipal Facilities (Schematic Design Phase) - 6/1/84 - $25,200.00 - Approval recommended by City Attorney. i) Grants Consultant contingent (percentage) fees - Approval to remove this item from the agenda. SYNOPSIS OF ACTION: APPROVED Items a) through i). C/M Stelzer MOVED APPROVAL of Items a) through i), SECONDED by V/M Stein. ►tB➢0F ALL VOTED AYE GENERAL ADMINISTRATIVE/FINANCIAL 7. Emergency Medical Services - Temp. Reso. #3198 - Discussion and possible action to renew an EMS Agreement with Broward County for one year. SYNOPSIS OF ACTION: APPROVED. Mayor Kravitz will schedule a Workshop Meeting on this item. RESOLUTION NO. R-84-,20 PASSED. Mr. Henning read the Resolution by title and V/M Stein MOVED APPROVAL of Temp. Reso. #3198, SECONDED by C/M Dunne. Jack Cory, representative of Medics Ambulance Service, said he would like to request a Workshop meeting for the purpose of discussing the ambulance services they will be providing to the City. V/M Stein asked Mr. Cory if this request has anything to do with the City's agreement with Broward County for the year and Mr. Cory said no, they are in favor of this Resolution that is before the Council today. VOTE: ALL VOTED AYE Mayor Kravitz said he will call a Workshop meeting on this item. - 7 - 6/27/84 /pm � � r 8. New City Hall and Police Station - Presentation by arch- itects of status report with schematics - Discussion and possible action to authorize next phase of projects. SYNOPSIS OF ACTION: _APPROVED schematic -_design --__._ and authorize design development. Craig Kenyon, representative of Miller & Meier, said they are at a stage approximately half way through the design phase of the project and have met with Council and staff for their input on the design of the municipal complex. He said today's item on the agenda is a formal approval of what has been done to date and authorization to continue the design phase. He said things may still be changed if necessary. V/M Stein MOVED to authorize Miller & Meier to proceed to the Tape next phase for presentation to the Council as soon as possible, 3 SECONDED by C/M Dunne. Mr. Henning said for clarification Council is approving the schematic design as it has been presented and to authorize the next phase which is design development. VOTE: ALL VOTED AYE Melanie Reynolds, Charter Board member, asked what the plans show and Mayor Kravitz announced that the plans are on display in the City Hall. 10. Investment Advisory Committee - Report/recommendations. Discussion and possible action. SYNOPSIS OF ACTION: Mayor Kravitz reported that the next meeting would be 6/29/84 and Council will receive copies of the minutes. Mayor Kravitz reported that the next meeting will be 6/29/84 and Council will receive copies of the minutes. 11. Broward League of Cities Business - Discussion and possible action. SYNOPSIS OF ACTION: Report by Mayor Kravitz. Mayor Kravitz reported that all members of Council attended the last meeting and he advised that the next meeting will be held in Lauderhill for those wishing to attend. LEGAL AFFAIRS 12. Municipal Parking Lot at Tamarac Utilities East - Dis- cussion and possible action on: a) Establishing revised fees for obtaining parking space permits - Temp. Reso. #3176 b) Revising Exhibit A, "Parking Agreement", to Resolution 84-158. (tabled from 6/13/84). SYNOPSIS OF ACTION: RESOLUTION NO. R-84-,2d, PASSED. APPROVED a) and b). a) Mr. Henning read Temp. Reso. #3176 by title and said a matter for discussion is whether Council wants to amend Temp. Reso. 43176 instead of having a flat fee of $75 per quarter to amend - Section 1 A to incorporate these fees which will be 1 month at $20.00 with a minimum of 3 months in advance and for annual there is a discount option that they could pay $200 for the annual rental for a $40 saving. - 8 - 6/27/84 /pm C/M Stelzer MOVED APPROVAL of Temp. Reso. #3176 as amended, SECONDED by C/M Dunne. VOTE: ALL VOTED AYE b) Mr. Henning said he has tried to amend the language in Exhibit A to Resolution 84-158 to simplify this. V/M Stein MOVED APPROVAL of revising Exhibit A to "Parking Agreement" to Resolution 84--158, SECONDED by C/M Dunne. VOTE: ALL VOTED AYE 14. Signalization and Realignment of NW 61 Street - Temp. Reso. #3200 - Discussion and possible action to authorize execution of an amended Agreement with Broward County. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-84-eZ&6v PASSED. Larry Keating, City Engineer, said a short time ago the City Council approved an agreement with Broward County for the construction to realign NW 61 St. at University Dr. He said this realignment is necessary prior to the County authorizing a traffic signal at that location. He said after this agreement was approved, the County discovered that the City had developed an Escrow Account for traffic improvement and requested that the City reconsider the City's contribution. He said the original understanding was that the County was going to provide the labor and equipment and the City would pay for the material. He said as a result of their request, he met with Commissioner Thompson and essentially negotiated that the City's contribution for the construction would be a lump sum of $26,000. He said he suggested that this money come from that Traffic Improvement Escrow Account. He said today they are asking for authorization for the Mayor and City Manager to enter into the amended agreement which accomplishes this change. Mr. Henning read Tem Reso. #3200 by title and C/M Stelzer asked how much money in this Traffic Improvement Account was actually collected for the NW 61 St. light. Mr. Keating said there was $21,800 that was specifically designated for 61 St. leaving approximately $60,000 for other projects. C/M Stelzer MOVED APPROVAL of Temp. Reso. #3200, SECONDED by V/M Stein. VOTE: ALL VOTED AYE Mr. Henning asked if there were any expectations on a starting date for this project and Mr. Keating said the last time he spoke with the County Highway_ Division, they estimated construction might start next week. Mr. Henning said Council could authorize the Mayor to send a letter to the County Commission thanking them for their attention and urging them to expedite this because of school opening early in September. V/M Stein so MOVED, SECONDED by C/M Dunne. VOTE: ALL VOTED AYE COMMUNITY DEVELOPMENT 22. Woodmont Tract 63 - Bond Release - Temp. Reso. #3203 - Discussion and possible action to release a performance bond posted for sodding of the canal bank for Lot 28. SYNOPSIS OF ACTION: APPROVED release RESOLUTION NO. R-84-,.,';// PASSED. of a cash bond posted by Windemere Construction Co.,Inc. in the amount of $750 for canal bank sod installation at Lot 28 of Woodmont Tract 63. 6/27/84 /pm A Mr. Henning read Temp. Reso. #3203 by title and Larry Keating said this was a bond to guarantee that the sod would be installed and it has been, therefore, the Engineering Department recommends approval of release of the cash bond. V/M Stein so MOVED, SECONDED by C/M Dunne. VOTE: ALL VOTED AYE 23. Texaco Service Station - Temp. Reso. #3205 - Discussion and possible action to accept a sidewalk easement. SYNOPSIS OF ACTION: APPROVED and RESOLUTION NO. R-84-0?/ _PASSED. the County will be approached concerning installation of the sidewalk. Mr. Henning read Temp. Reso. #3205 by title and Larry Keating said when McNab Rd. was constructed, there was a break in the right-of-way adjacent to the Texaco Station on McNab Rd. and University Dr., therefore, the County could not install a sidewalk at that location. He said sometime ago the City made an attempt to get an easement to allow the sidewalk to be con- structed and this is the document which gives the right for that sidewalk installation. He said Engineering recommends that Council accept the easement and then approach Broward County concerning the installation of the sidewalk. V/M Stein so MOVED, SECONDED by C/M Stelzer. VOTE: ALL VOTED AYE 24. Drainage Improvements in the City - Discussion and possible action. SYNOPSIS OF ACTION: Report by the City Engineer. Larry Keating said the drainage throughout the City is excellent; however, there is an area at the northeast corner of the Boulevards section that needs work and he will send Council recommendations. LEGAL AFFAIRS 15. Potable Water Resources and possible action to County to undertake the resources. SYNOPSIS OF ACTION: APPROVED. - Temp. Reso. #3199 - Discussion oppose any attempt by Broward management of potable water RESOLUTION NO. R-84-,,707PASSED. Mr. Henning read Temp. Reso. #3199 by title and City Manager Stuurmans said Mr. Keating has attended many meetings concerning potable water and she suggested he report on this. Mr. Keating said the County is now attempting to protect the water supplies. He said the County is about to adopt Ordinances and he feels that in the future the County will control the water permit. He said the Resolution before Council is good but may not be enough. V/M Stein MOVED APPROVAL of Temp. Reso. #3199, SECONDED by C/M Dunne. C/M Dunne said he feels the County should control the water supplies for the City. C/M Stelzer said. the County s.hou.l_d not take water from the City without the approval of the City first. Carl Alper, resident, said under the State legislature, the County does not have the right to take anything from the City but, since the water is potable and can be contaminated by any other community, only the County is able to safeguard the water. - 10 - 6/27/84 /pm v' Larry Keating said it is important to understand that there are two issues involved, one is the contamination of the water supply and the other is the use of the water supply. He said the County has made excellent strides in preparing studies and Ordinances which protect the water supply from contamination; however, with regard to water use, there is no documented evidence to show that the communities use of water in the west will prevent the eastern cities from having available water. He said there are only two cities that have a water supply problem, Hallandale and Dania and the County is proposing to spend three quarters of a million dollars this year to analyze the potential for well field sites in western Broward County. He said this does not seem to address the problem in Dania and Hallandale when every other coastal community has solved their problems. VOTE: ALL VOTED AYE 16. Administrative Variances - Discussion and possible action. SYNOPSIS OF ACTION: The City Attorney was authorized to draft an Ordinance and submit to Council for their comments before the 7/11/84 Council meeting. Mr. Henning said Sam Stevens, Chief Building Official, submitted _ to the Vice Mayor an Ordinance from Dade County. He said Tamarac has a Board of Adjustment that handles all variances and has the final action which is appealed to the courts and it is not an advisory committee to the Council. He said the question on administrative variances is whether the Council, by Ordinance, would like to designate certain of the smaller duties of the Board of Adjustment and allow them to be approved by administrative officers and then have the Board of Adjustment merely sit as an appeal of the denial with further recourse in courts. He said variances brought before the Board of Adjustment involve much time and money and most often, when a variance is needed concerning minor items, the only people involved are the City and the immediate neighbors. Mr. Henning said Dade County is using 50% of the setbacks as a guideline so that if there is a 10-foot setback it allows a 5-foot intrusion through the administrative procedure. He said the question is whether Council would want him to draft an Ordinance for the smaller variances to be approved administratively with an appeal to the Board of Adjust- ment or to leave the variances completely with the Board of Adjustment. He said another question concerns whether Council agrees with the 50% rule or would prefer a maximum of approxi- mately 5-feet regardless of the size of the easement. He said Sam Stevens'suggestion of having a Council member involved is well taken; however, he said he would not suggest a Council member on this committee because of the dual -office holding questions being discussed recently. V/M Stein said the reason this came up is because the Board of Adjustment is unable to rule on some of these matters. He said in order to get a variance from the Board of Adjustment, a hardship must be proven. He said the Board of Adjustment and the courts have ruled that this cannot be a self-created hardship, therefore, this was considered, not to take the power away from the Board of Adjustment but as a help to the Building Department and the Board of Adjustment. V/M Stein MOVED to authorize the City Attorney to draft an Ordinance and submit to Council before the 7/11/84 meeting. SECONDED by C/M Dunne. 6/27/84 /PM !� Vickie_ _Beech, resident..,. asked. if the Board- of- Adjustment reauested ._... this Ordinance and V/M Stein said it was requested by the Building Department. V/M Stein said this will be circulated for the Board of Adjustment's input as well. VOTE: COMMUNITY DEVELOPMENT ALL VOTED AYE 19. Sands Point Condo IV, Inc. - Revised Site Plan - Temp. Reso. #3204 - Discussion and possible action on a revised site plan for revisions to the traffic flow. SYNOPSIS OF ACTION: TABLED at the request of C/M Dunne to the 7/11/84 meeting. (See Pages 20 & 21). C/M Dunne-MOVED--to-TABLE . this item to the 7 11 $4 meeting, SECONDED by V/M Stein. VOTE: ALL VOTED AYE 21. Woodmont Tracts 74/75 - Discussion and possible action on: a) Renewal of a model sales permit in connection with Site Plan 1 and Site Plan 3. b) Renewal of a model sales permit in connection. with Site Plan 2 and waiver of the 300-foot distance requirement for certificates of occupancy. SYNOPSIS OF ACTION: APPROVED a) and b) for 6 months to expire on 1/12/85. a) C/M Dunne MOVED APPROVAL, SECONDED by C/M Stelzer. \V2l198C ALL VOTED AYE b) C/M Dunne MOVED APPROVAL, SECONDED by C/M Stelzer. Tape 4 VOTE: u111nnumc 25. City Council ALL VOTED AYE C/M Dunne said the Social Services Board is requesting the help of volunteers as drivers for Social Service programs and he suggested they use the Police Department's Community Service Aides in lieu of volunteers. He said he does not favor expend- itures for Parks and Recreation items. C/M Stelzer - No report. V/M Stein - No report. Mayor Kravitz - No report. 27. City Attorney Report - Mr. Henning said he has an item he would request deferring to later in the day (See Pages 21,22 & 23) for Mr. Tralin's input. He said recently Council received correspondence regarding a possible settlement of the Ticon appeal. He said the City has had an appeal filed in District Court and Mr. Tralins is proposing settlement. He said this is not for action today but should be discussed today if possible. - 12 - 6/27/84 /pm I.✓ 26. City Manager Retort - City Manager Stuurmans said the Building Department has requested for the record that it be known they are permitting a tent for Tamarac Park for the July 4th events and this was done administra- tively because of the time factor. She said as a follow-up to the Council Special meeting last week, she has gotten the cooperation of several individuals of the professional community, Dr. Fitzpatrick, a member of the Broward County Environmental Quality Control Board, Bud Calhoun, Utility Director of the City of Hollywood and Milan Knor, Utility Director of Miramar, to assist her in reviewing the bulk of engineering proposals they have received to reduce the number and present recommendations to Council at the 7/11/84 meeting. City Manager Stuurmans said she and C/M Dunne have had conversations about the recreation programs in the City and there is truth in what he is saying. She said his point of view is that through the recreation funds, with money that has been collected by the City from developers, recreation improvements have been made to Tamarac parks and development of those parks. She said that has been combined, in some instances, with grant money that had been made available to the City as in the case of the parks on the east side of Tamarac. As those parks are completed and developed, they are maintained and programmed through the auspices of General Fund Recreation Department and this is a philosophical question about services that a community is to provide that this Council would have to address if there are other members of Council who agree with C/M Dunne that the cost for recreation should not be a part of the General Fund. However, she said, they are a cost that is typically borne by the General Fund of a community. V/M Stein said he does not agree with C/M Dunne since the builders pay a fee for not providing a recreational area and those funds are used to create recreational areas as a service to the citizens and to maintain those parks. He said he does not know that the City should restrict the funding just to the recreational fund since he feels it is the duty of the City to provide recreation facilities for both old and young residents. C/M Stelzer said if a developer builds a recreational facility for his new owners and makes no donation to the City, the homeowners pay for the maintenance of the recreation facility themselves. He said when a developer gives the City a donation to build a recreation facility, all the citizens pay for the maintenance. He said when Tamarac receives a grant from the government to build a large park, the City still must pay for the maintenance of it and this is the same situation. Mayor Kravitz recessed the meeting for lunch at 12:00. Mayor Kravitz called the meeting to order at 1:30 P.M. ROLL CALL: PRESENT: Mayor Philip B. Kravitz Vice Mayor Sydney M. Stein Councilman Jack Stelzer Councilman John J. Dunne ABSENT AND EXCUSED: Councilman Raymond J. Munitz - 13 - 6/27/84 /pm COMMUNITY DEVELOPMENT 30. Jo Jo Pizza - Transfer of Beer/Wine Special Exception - Temp. Reso. #3206 - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. RESOLUTION NO. R-84-v7/_:2,w PASSED. (See Pages 2, 3 and 4). APPROVED. Mr. Henning read Temp. Reso. #3206 by title and said this Resolution explains that the special exceptions were granted by the earlier Resolution and at that time they were non- transfera-ble . He said Council has the authority to transfer the special exception to the new owners who will be Sorrento Pizza Restaurant. He said there was a computer check made in the Police Department and there is no outstanding violations with the principals involved in the business. He said he recommends APPROVAL and V/M Stein so MOVED, SECONDED by C/M Stelzer. VOTE: ALL VOTED AYE 20. Choice Seats - Sign Waiver - Temp. Reso. #3188 - Discussion and possible action to waive the provisions of the sign ordinance for type of lettering on a directory sign at 3725 W. Commercial Boulevard (tabled from 6/13/84). SYNOPSIS OF ACTION: APPROVED with conditions. RESOLUTION NO. R-84- / O PASSED. Mr. Henning read the Resolution by title and said this has been before the Beautification Committee and they recommended Denial. William Sutter, Co -Chairman of the Beautification Committee, said the sign in question is a directory sign_and the Code is specific that all sub -headings must be in the same style lettering and must not exceed 8-inches in height. He said this particular application does not and on 5/7/84 the Beautification Committee sent a recommendation to Council that this be Denied. Scott Fuerst, of Ruden, Barnett & McClusky, representative of the applicant, said this is a request for a sign waiver as to the color and letter -style of the sign. He said there will be 3 tenants in this building which is a couple of blocks east of 441 on the north side of the street. He said from the sketch presented, the lettering appears to be 12-inch to 14-inch lettering and if they are bound by the 8-inch criteria, they would need a waiver to size as well as color and style of lettering which is script as opposed to block. Mr. Fuerst'conducted a video presenta- tion for the Council which visually explained__the sign's iDo.s.ition.. He said the Beautification Committee some time ago permitted Choice Seats to have a black wall sign on their portion of the space that they rent which has, in fact, the exact color scheme and the script lettering. He said the lettering will be white in script with a taupe color background and the script is the Choice Seats logo. Mr. Fuerst said there are 3 reasons they are asking for this, first, safety, second, the hardship that exists because of the location of that building, and, third, the applicant has cooper- ated with the City and is requesting Council's consideration. He said the safety concerns the visibility problem there with the directory sign which is approximately 15-feet high and is set back about 10-feet from the curb. He said the sign sits upon the east end of the property and just past the sign is the entrance. - 14 - 6/27/84 /pm i Mr. Fuerst said the sign is partially blocked by the building to the east and their building is set back significantly from Commercial Blvd. V/M Stein asked Mr. Sutter for the reasons for the Beautification Committee's recommendation of denial on this project. Mr. Sutter said they try to keep the directory signs within the City in uniform area and they give better latitude to the individual signs above the business for the logo displays. He said this is supposed to hold signs for approximately 4 more businesses and if the Beautification Committee had approved this that would have reduced the amount of signage available to any other tenant that might come along. V/M Stein asked if that were not a problem of the landlord and Mr. Sutter said yes, however, there have been instances where they have granted waivers to tenants and another tenant would complain about lack of space. Mr. Sutter said normally the Beautification Committee would not object as strongly but there are 3 variations here. V/M Stein said he understands that and asked Mr. Fuerst if the script lettering and the color were important and Mr. Fuerst said this is important because studies have shown if all signs have the same lettering and color the whole board must be read in order to pick out an individual sign. V/M Stein said he would send this back to the Beautification Committee if it were just con- cerning the size of the letters, however, since the majority of Council does not feel that way, he MOVED to DENY this waiver and follow the staff recommendations. SECONDED by C/M Dunne. Mr. Henning said part of the problem with distraction is that the words "showroom and clearance center" is on there which is not a business name and that distracts from the sign. He said if the applicant might be willing to compromise with the color scheme, Council might go along with the style and size of the lettering. Mr. Fuerst said the major problem is the color and they could live with the size of the letters being less than they wanted if there was a concession on the color and style of lettering. V/M Stein said if the applicant would leave the style and size as prescribed by Code, he would vote for them to keep the background Tape color. Mr. Fuerst said they would be happy to conform to the 5 size if necessary. V/M Stein WITHDREW his MOTION and said he would agree that they can use their background color and they have agreed to reduce the size to conform. Mr. Fuerst said the color is the most important factor and they could give up the size problem. V/M Stein asked Mr. Sutter if this would be acceptable to the Beautification Committee and he said they try to avoid deviations from color schemes, style and last of all size. Mr. Fuerst said the owner of the building will agree on the record that however many more tenants will be in that building, they will conform to the block lettering, size and red background. V/M Stein MOVED to grant the waiver allowing them to use dark brown color and script letters but that they must conform to the size as prescribed by the Code. He said this is providing that the attorney for the landlord stipulates on the record that all other signs that may come before the Beautification Committee will conform to the Code with no variances. SECONDED by C/M Stelzer. Mr. Fuerst agreed to all conditions as stated. VOTE: ALL VOTED AYE - 15 - 6/27/84 /pm PUBLIC HEARINGS 17. Sonny Gentile, Property Owner - Limited Parking Waiver - Petition #17-Z-84 - Temp. Re_so. #3201 - Discussion and pos- sible action to grant a limited waiver to the parking requirements of Chapter 18 of the Code to allow a waiver of nine (9) spaces for the residential/commercial building at the southwest corner of McNab Road and NW 70 Avenue which is zoned B-1 (Neighborhood Business). SYNOPSIS OF ACTION: Public Hearing was held. APPROVED waiver for 8 spaces subject to compliance with Planning Commission requirements. RESOLUTION NO. R-84- 7�PASSED. Mr. Henning read the Resolution by title and C/M Stelzer said when Mr. Gentile filed his original petition there was a mistake in the computation for 9 spaces. He said what was actually given was a variance for 8 spaces and this was the correct amount. V/M Stein said he is concerned because Mr. Gentile is using his lot as a parking lot for trucks which is an eyesore. He said Mr. Gentile asked for the variance in order to clean up this area and he requested Mr. Gentile go on the record that those trucks w_11..be removed forever. C/M Stelzer said he asked the Code Enforcement Officer to check this situation and he said there are trucks parked there but it is not any violation of any Ordinance if the trucks are parked there with the owner's permission. Mayor Kravitz opened the public hearing. Vickie Beech, resident, said she attended the Planning Commission meeting when Mr. Gentile presented his hardship and he said ..at _.-.hat.. time that .if he were given approval the trucks would be removed per the Commission's requirements. John Lachmann, resident, and Bernie Hart, resident, both agreed this eyesore should be removed. Sonny Gentile, property owner, said the two trucks that are there now will be removed before the week is over. He said the trucks that are directly behind his building are not on his property. Mayor Kravitz closed the public hearing with no further response. V/M Stein said he would go on record as taking Mr. Gentile's word and he requested the City Attorney draft an Ordinance that would prohibit overnight parking of trucks on any property except those of the tenants. He MOVED APPROVAL of Temp. Reso. #3201, C/M Stelzer said he would SECOND with the the stipulation that Mr. Gentile cleans up everything according to the minutes of the Planning Commission and that the trucks are no longer parked there. Richard Rubin said they have been corresponding with Mr. Gentile since August, 1982 requesting that certain things be done at the site to make the project legal and he noted them: 1. A small hedge, 3-foot in height, with a tree to be 30-foot on center with a maximum of 3 or 4 trees which --.are required by Code, to be placed on the north property line. 2. Dumpster is to be brought up to Code requirements. Mr. Gentile agreed to both stipulations to be completed in a minimum of 3 months with a maximum of 6 months time. Mr. Rubin requested that this be included in the MOTION and both V/M Stein and C/M Stelzer, as the SECOND, agreed. VOTE: ALL VOTED AYE - 16 - 6/27/84 /pm U 18. Family Center, Inc. d/b/a The Family Mart #020 Special Exception Petition #18-Z-84 - Temp. Reso. #3202 - Dis- cussion and possible action to grant a special exception to permit a deli -cafe seating area with thirty-eight (38) seats in the Family Mart store at 7100 N. University Drive which is zoned B-2 (Planned Business). SYNOPSIS OF ACTION: Public Hearing was held. providing carts and APPROVED subject to their storage in the rear for bread crates within 3 months. RESOLUTION NO. R-84-,9PASSED. Mr. Henning read the Resolution by title and Mr. Rubin said the applicant submitted a request for a building permit to install a deli -type sitting area next to the deli area in their store. They were informed by staff that all restaurants require a special exception approval and the Planning Commission has recommended approval subject to providing storage area in the rear for the bread carts and crates. He said they have received a check from them along with a request for site plan review to install a new storage area in the rear, therefore, they are complying with the intent of the Planning Commission request. He said he would recommend approval with construction to be a minimum of 3 months and a maximum of 6 months for completion. Mayor Kravitz opened the public hearing. Ron Mastriana, attorney for Family Mart, said they are merely increasing the size of this deli area from 8 to 38 seats. Carl Alper, resident, the problem of adding more seats is often providing for adequate parking but in this case there is more than enough. Mayor Kravitz closed the public hearing with no further response. V/M Stein MOVED APPROVAL of Temp. Reso. #3202, SECONDED by C/M Stelzer. V/M Stein said the MOTION includes the condition as stated by Mr. Rubin to be completed by 90 days and C/M Stelzer agreed. VOTE: ALL VOTED AYE Mr. Henning said there is a question from the City Engineer and Barry Eden regarding their bond which expires 6/30/84. He said there was a 6/18/84 memo regarding engineering fees due and a warranty bond that had to be posted. He said Mr. Eden has checks today for those items, engineering fees in the amount of $91.88 are due and a warranty bond is for the amount of $978.00. Barry Eden said it was brought to his attention that a bond was about to expire in the amount of $10,000 and he spoke with his bank in Canada they said they would agree to put up the substitute bond of 10% and pay the additional fee. Mr. Eden presented these checks to the Assistant City Clerk. LEGAL AFFAIRS 13. Land Section 7 Land Use Plan and Text Revisions - Dis- cussion and possible action to authorize a submittal for 60-day governmental review. SYNOPSIS OF ACTION: The City Planner was authorized to proceed with the public hearing for development of Land Section 7. The City Attorney was authorized to proceed towards a 6-month extension of the moratorium. Richard Rubin said on 5/23/84, Council adopted the recommendations of the Planning Commission by putting a moratorium on Land Section 7. 17 - 6/27/84 /pm Mr. Rubin said the purpose of the moratorium was to study Land Section 7 and the growth of the City and determine where the City is going and proper land uses for that site. He displayed a composite Land Use Plan of western Broward County showing Tamarac. He said they know somewhat more than they did in May, 1983. First, the Sawgrass Expressway is more to becoming a reality than ever before and, second, the Sawgrass will include the construction of Commercial Blvd. to where it is existing ndw and this will be a major intersection. He said this will the only entrance onto the Sawgrass Expressway. The area that Council asked to study was the industrial portion, to the east Sunrise is planning a 31 story hotel, to the south Sunrise is developing 600 acres of industrial land, to the north there is the Isles of Tamarac, and to the east is Colony West Executive Golf Course and other resi- dential developments. He said Council's concern was to see if the industrial classification was proper for this piece of land and, if not, what would be the appropriate land uses for Land Section 7. He said the industrial classification on that site is approximately 200 acres and the Planning Commission found the area is low. He said the County's Land Use Plan tells them they must go for County- wide amendment and even if they decided not to change the industrial at all, they have the area for community facilities. He said in 1979, when the County originally adopted this plan, they envisioned an elementary school and park going in that site. At this time, the School Board has determined that they do not need this site for an elementary school and that requires a County -wide amendment and it is a 6 month process from this date to obtain proper approval from the County. Land Section 7 is basically vacant now except for Tamarac Market Place now under construction. He said the Planning Commission wanted to know about the growth of this area and it is now expected that Florida will double in size by the year 2000 to approximately 17 million people. He said Broward County is the second fastest growing County in Florida and Tamarac's rate of growth surged from 1960 with 500 people to 1984 with 35,000 people. Mr. Rubin said there is a need for high technology to serve these new people and provide employment and this is the ideal location for an economic -type of employment activity. He said the Planning Commission suggested placing industrial in that area and limiting it to more of an office type complex. He said some of the facts that came out in his report are that there is not a need today for more industrial land since there are over 3,000 acres of industrial land available. He said they studied the need for a balanced residential community as well. In 1978 there were 30% families and 70% adults in the City and since then most development is adult communities and the rest are luxury families and rental causing a need for housing. He said the average age is 66 compared to Coral Springs average age of 33 and the City is missing a segment of housing such as duplexes, and 3 stories. Mr. Rubin said the Planning Commission was asked to put housing in the south end such as a mobile home park with employment to the north but that was determined by Council to be unacceptable. The next suggestion was to place employment along the Sawgrass and Commercial Blvd. and put residential in the other 2 quadrants, however, the homeowners living in Isles of Tamarac felt this industrial came too close to their homes and was unacceptable. The final solution is to place all residential units where per- mitted in Land Section 7 on the north and put the employment - based activities on the south side. He said the Planninq Commission imposed further conditions and said._ then want a ....._... _. waterway separating the industrial employment from the residential area and they want that waterway with berm guaranteeing that the employment activity will not drive into the residential area. - 1.8... _ _.._.... 6/27/84 /pm L 'A Mr. Rubin said the Planning Commission recommended that the western portion of the south half would be for executive offices and the eastern Tape portion would be for distribution and warehouses. He said 6 assuming the Council. agrees with the Planning Commission, their request and transmittal for 60 day review of the Land Use Plan and start of the public hearings would still have that develop- ment many years away. He said there must be master planning of the roadways, water and sewer and there are about 20 property owners in that area. He said these people have not considered a common way to build those basic roads, water and sewer. He said the City of Sunrise adopted the Special Assessment District and they floated Industrial Revenue Bonds and the landowners are paying off the cost of the bonds for a period of 10 or 20 years. He said Sunrise is not fronting one cent nor are the City coffers paying any of the money, it is being 100% reimbursed by the land- owners. He said each of the property owners can individually try to furnish the water, sewer and roads leaving the smaller ones to wait because they cannot afford the cost with the big ones owned by Leadership Housing building theirs. He said he would look to the City to work as a partnership to provide the utility at the most reasonable cost. He said the basic decision before Council today is whether to adopt the Land Use Plan revision proposed by the Planning Commission and, if they do, they will initiate the public hearing, if not, then the Land Use Plan as presently adopted is still in effect. Mr. Rubin said he sent. Council a memo concerning a meeting with the Broward County Planning Council dated 6/4/84 explaining that they will assess the proposed amendment and reminding the City that it will take 6 to 8 months to adopt. He said these types of land uses will be supporting the economic base of the County, therefore, they will support these amendments because they are consistent with the overall goals of the County. He said if Council chooses to move forward they should also direct the City Attorney to extend the moratorium 6 months since it expires in August, 1984. C/M Stelzer asked Mr. Rubin how the landowners in this area feel about this proposal and Mr. Rubin said the landowners on the north half said the nature of the land is undevelopable as it is and they are looking to the City to provide good uses to make it possible to build or sell their land. He said presently their parcels allow 10 units per acre and the proposal before Council today reduces that density to 7.4 units per acre. Carl Alper, resident, questioned why this should be shown as "Industrial"and Mr. Rubin said under the County designation it will be shown as "Industrial"; however, the Charter of the County states that a City can be more restrictive and this is restricting the County's classification to offices, storage and distribution. He said the words "Industrial" and "Manufacturing" have been removed from the City's Land Use Plan. Melanie Reynolds asked Mr. Rubin if they have taken into consideration the area that Mr. Toll wants rezoned and Mr. Rubin explained that this area is Land Section 8. Myles Tralins, representing Leadership Housing, who are the owners of the south half of Land Section 7, said their concerns are not with the structuring of proper development of the property, but rather that this be accomplished with the greatest amount of flex- ibility to the City. He said one of the concerns is choosing facts and statistics to potentially justify a use which may not be necessary. He referred to Page 17 of Mr. Rubin's report as it pertains to office supply, "the conclusion of the survey from the data above was that the supply of office space exceeded demand showing the lowest occupancy rate in 5 years". In addition, he said, "given the average absorption rate, the occupancy rate will drop further, since office space under construction represents an approximate 4 year supply". - 19 - 6/27/84 /pm Mr. Tralins said their concern is that the property be utilized after proper planning and he suggested undertaking the study and public hearing, the City should look to build into the proposed uses enough flexibility so that on a case by case basis, the use being proposed is apropos to the City. He said one of the things the City is missing in its Ordinances as it pertains to zoning is provision for planned unit development. He said to take this parcel of land and divide it arbitrarily may be restricting develop- ment of the land to an extent that 5 years from now someone will. have to go through a rezoning to accomplish development that is acceptable to the City. Mr. Tralins said his suggestion would be that if the City apply an Industrial Park designation, the Ord- inances be amended to provide some form of planned development and provide for the exclusion of uses that the City does not want in the City. V/M Stein asked Mr. Tralins if he thinks the City could get the developers to cooperate as they did in Sunrise and Mr. Tralins said there is a reasonable, economical way to accomplish bringing water and sewer to site at a cost that does not impact on the general taxpayers; of the City and makes development of the property feasible. Mr. Tralins said a Large User Agreement could be entered into so that Sunrise could provide water and sewer service to site under these agreements. He said Tamarac would make a profit be- cause, in effect, they are letting Sunrise sell the water and sewer. Tamarac would have a surcharge for allowing them to do this and and Tamarac would make the same profit. He said this is one approach that could get development under way quickly and a uniform system of drainage and water retention could be provided in conjunction with the engineering of the Expressway itself. He said the County has contacted them regarding the need for widening Commercial Blvd. He said it might be in the best interests of the City to deal with Sunrise for uniformity and sharing of potential growth since the benefits could be shared by both cities. C/M Stelzer asked Mr. Tralins if he would have any objection to rezoning the southern portion of Land Section 7 if the City put in a stipulation that there would be no industrial or manufacturing there. Mr. Tralins said he would suggest the City adopt the recommend- ations of the Planning Commission and the City Planner and approve each project on its merit. V/M Stein MOVED to authorize the City Planner to move ahead with the public hearing towards the develop- ment of Land Section 7 and, that the City Attorney proceed towards a 6 month extension of the present moratorium. SECONDED by C/M Stelzer. VOTE: ALL VOTED AYE C/M Stelzer said concerning Commercial Blvd. going all the way through, he understands that Sunrise has their tract of land coming up against the southern portion of Commercial Blvd. and if an;� grants are going to be developed for Land Section 7, someone should look into utilizing this on a Large User basis. Mayor Kravitz suggested the City Attorney review this and notify Council and Mr. Henning said he will meet with the City Engineer and make a report to Council. V/M Stein said since he is liaison to Community Development, he would suggest that, through the City Engineer and City Attorney, Sunrise and Tamarac enter into an agreement which would expedite the development of this property. COMMUNITY DEVELOPMENT 19. Sands Point Condo IV, Inc. - Revised Site Plan - Temp. Reso. #3204 - Discussion and possible action on a revised site plan for revisions to the traffic flow. SYNOPSIS OF ACTION: (See Page 12) Reconsidered and TABLED to the 7/11/84 meeting. - 20 - 6/27/84 /pm 77 C/M Stelzer MOVED to reconsider this item, SECONDED by C/M Dunne. VOTE: ALL VOTED AYE Joe Stokvis, Vice President of the Board of Directors of Phase IV, said they were not aware the site plan had to be revised and as soon as they were notified by Mr. Stevens, they made the necessary application. He said the only time there was two-way traffic there was when the developer was first building. He said -because of several accidents it was deemed by previous boards that the entrance and exit should be one way. He said Mr. Stevens advised them that because of the 22-Moot width, this called for two-way traffic. C/M Stelzer MOVED APPROVAL of Temp. Reso. #3204, SECONDED by V/M Stein. Melanie Reynolds, Charter Board member, said in 1973 when Mr. Levine brought his site plan in he had 5 phases and every phase had two way traffic. He said the way these people wish to have the traffic flow now is much more dangerous than if they continued with the two-way traffic. She said the only ones affected by this are those people who live in her building and they took her to court when she said this was not legal. C/M Dunne said he was approached by a gentleman who said he had important data on this and would like this tabled to the next meeting. Alfred Jasser, resident of Sands Point IV, said this was done as a result of a proposal of the Board of Directors of Phase IV with the advice of someone in traffic planning who suggested this would be the safest plan. He said it is a modification of one in use for 4 years. He said the Planning Commission voted unanimously to approve this plan. Dorothy Schwab, President of Phase IV, said the gentleman C/M Dunne refers to should have been present today and, since they are working for the best interest of most of the people there, she felt it should be approved. C/M Stelzer WITHDREW his MOTION and C/M Dunne WITHDREW his SECOND. C/M Dunne MOVED to TABLE this item to the next regular meeting, SECONDED by V/M Stein. VOTE: 009 27. City Attorney Report ALL VOTED AYE Mr. Henning said he has an item regarding potential settlement of the Ticon Appeal. He said Myles Tralins, their attorney, and Mr. Caporella, the property owner, were present to discuss the possi- bility of settling this case and, if Council agrees, they will bring the appropriate documents to Council at the next regular meeting. He said the case involves the Ticon property which is the island surrounded by the canals just adjacent to City Hall, extending west past the Temple and down to 94 Ave. He said there . was a plan devised through staff and the developer to have four different zoning districts in lieu of a planned unit development. dividing this island into 4 quadrants establishing certain height and density restrictions to be established by a Restrictive Covenant. Mr. Henning said the question arose concerning traffic impact and the previous Council was requesting approximately $176,000 in traffic Tape impact fees. He said he was successful in defending the City's 7 position in Circuit Court and the Ticon Corp. has filed an appeal in the District Court of Appeal in Palm Beach. He said they have not submitted briefs at....th.s point.since._there is a possibility of_ settling this case. - 21 - 6/27/84 /pm r � � Mr. Henning said about this time the City determined there is a need for a Traffic Impact Study and they have not elected which engineers would do the study as yet. Once the study is done, the City could consider a Traffic Impact Ordinance which would assess fees on future developments based on the impact they will have on the local traffic in the City. Since that Ordinance is not written yet, however, the settlement offer is that Ticon would like to develop the property as they proposed a year ago and the City would not be asking for the figure that was raised in the past. He said Ticon is willing to pay $40,000 towards a traffic impact fee and if an Ordinance is passed pursuant to an engineering study, and that Ordinance establishes an impact fee in excess of $40,000 before 1988 and they have not pulled a building permit as yet, then they would comply with the future Ordinance. However, he said, if it was in excess of $40,000, they would get credit for the $40,000 settlement; if it was less than $40,000, they would not get a refund. Mr. Henning said when this was discussed before, there was a great deal of discussion about 91 Ave. on the east side of the Temple which crosses 57 St. and Commercial Blvd. since there will be some impact on those two intersections probably requiring lights. He said there has not been a site plan submitted yet on the property so there is a great deal of input needed yet by the Planninq Commission, Council and staff on how this .island could be.._dev_el.nxzed___...._..... He said there is also an opportunity for improvements on the site plan as to beautification or traffic impact. He said the first building permit could be pulled in 6 months from now or longer. Mr. Henning said Ticon's proposal is that instead of the City requesting a figure of $176,000, the City accept the $40,000 to begin work on those intersections and they would dismiss the Appeal ending the case. V/M Stein said the City Attorney is requesting that Council direct him to proceed with drafting the stipulations or to go to Court and file the Appeal. V/M Stein questioned how the $176,000 figure became $40,000 and Mr. Henning explained that the $176,000 figure was an attempt to estimate what the traffic impact might be on the area, the formula being about $2,000 per unit for the excess units in the rezoning. He said this was within the limits of the Land Use Plan since there was no Land Use Plan Amendment then. He said there was an approximate doubling of the density and the additional units x $2,000 came to approximately $176,000. He said the $40,000 figure is the approximate cost of traffic light installation for at least one of the intersections. He said if this development is fully developed to about 400 units, it is a fair assumption that a traffic light will be needed at 91 Ave. and Commercial Blvd. and 91 Ave. and 57 St. V/M Stein said if 2 traffic lights are needed, the $40,000 figure will not cover the expense. Mr. Tralins said this amount was arrived at in terms of their own analysis because in the recent past it cost Mr. Caporella $20,000 per traffic light. He said they feel this is more than reasonable as a voluntary payment to the City remembering the litigation they are involved in. He said presently the City does not have a Traffic Impact Ordinance which would legally allow collection of traffic impact fees, which is the subject matter of the first Appeal to the Circuit Court and the pending Appeal to the District Court of Appeals. Mr. Tralins said there were 2 previous proposals made to the City Attorney, first, if the City adopts an Ordinance in the future, Ticon would be subject to it with no vested rights, second, was for a $40,000 one-time payment. He said Mr. Henning suggested they put them both together and give the City money up front and bind themselves to comply with the Ordinance if and when the City adopts it. He said his client has agreed to that and, in order to accomplish this, it would have to be scheduled for public hearing for second reading and settlement of the litigation. - 22 - 6/27/84 /pm L. A M Mayor Kravitz asked the City Planner for his opinion as to whether $40,000 was a reasonable sum to cover 2 traffic lights and Mr. Rubin said $40,000 is the cost for 1 light including the materials and installation. Mr. Tralins said if it would help, Mr. Caporella has agreed to install both lights as an alternative to the $40,000 contribution. Mr. Henning said throughout this case, Mr. Tralins and Mr. Potash had argued that one of their disputes with the City is addressing this at rezoning and not at site plan review. He said if additional things must be done at site plan review, Mr. Tralins has agreed they would be done at that time. C/M Stelzer said he would like to include a stipulation in the agreement that whenever the City adopts an Ordinance which might increase this $40,000, the City should be entitled to this. Mr. Tralins said Ticon is prepared to deliver the $40,000 to the City at second reading. Mr. Henning said unless he hears to the contrary, he will proceed to have the proper settlement papers drawn up and, if a public hearing is required, it will be advertised for one of the July meetings. Council agreed to this. The meeting was adjourned at 4:00 P.M. ATTEST: A SISTANT CITY CLERK This public document was promulgated at $ 7rZ�5- per copy to inform the general and employees about recent opinions and Council of the City of Tamarac. - 23 - a cost of $ e�ZG1,30 or public and public officers considerations by the CITY OF T,A,MARAC APPROVED AT MEETING OF � City Clerk 6/27/84 /pm L