HomeMy WebLinkAbout1984-06-27 - City Commission Regular Meeting Minutes (2)OF fiq,y
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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.
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6/27/84
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� � 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.
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/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.
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6/27/84
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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
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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.
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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
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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
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6/27/84
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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.
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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.
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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".
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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.
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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.
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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.
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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.
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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
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