Loading...
HomeMy WebLinkAbout1984-07-11 - City Commission Regular Meeting MinutesCITY OF TAMARAC, FLORIDA REGULAR CITY COUNCIL MEETING JULY 11, 1984 Tape CALL TO ORDER: Mayor Philip B. Kravitz called the meeting to order 1 on Wednesday, July 11, 1984, at 9:00 A.M., in the Council Chambers. ROLL CALL: PRESENT: Mayor Philip B. Kravitz Vice Mayor Sydney M. Stein Councilman Jack Stelzer Councilman Raymond J. Munitz Councilman John J. Dunne ALSO PRESENT: City Manager, Laura Z. Stuurmans City Attorney, Jon Henning Assistant City Clerk, Carol A. Evans Secretary, Carol Thrasher MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Kravitz called for a Moment of Silent Meditation followed by the Pledge of Allegiance. 7d) Mitchell Ceasar - Grants Consultant - Expenses - 6/25/84 - $363.94 - Approval recommended by City Manager. SYNOPSIS OF ACTION: Removed for discussion with Item 13. (See Pages 4, 52 08) C/M Munitz asked that Consent Agenda Item 7d) be removed for discussion with Item 13 and the Mayor agreed. 33b). Woodmont Tract 72-C (Pineapple Park) - Discussion and possible action _. onT a request for sign walverIfor -a _emporary announcing sign at the NE Corner of NW 80 Avenue and NW 70 Street - Temp. Reso. #3219. SYNOPSIS OF ACTION: Agendized by Consent (See Page 17) Vice Mayor Stein MOVED to Agendize by Consent an item requesting waiver for a sign by Pineapple Park. He added that the Chairperson of the Beautification Committee did not get this to the City Clerk's Office in time for approval at the Pre -Agenda Meeting; however, that Committee feels that this would be an additional hardship to hold for a future meeting. C/M Dunne SECONDED. VOTE: ALL VOTED AYE C/M Stelzer pointed out that this was not an emergency, but he agreed with the hardship. He suggested that the item be considered as Item #33b), and the Mayor agreed. The Assistant City Clerk stated that the developer has asked for a specific time to have representation here, and Mayor Kravitz advised it could be heard at 1:30 P.M. LEGAL AFFAIRS 20. Land Section 7 - Discussion and possible action to authorize the appropriate City officials to negotiate the possible purchase of a parcel of land in Land Section 7 to be used for utility purposes. SYNOPSIS OF ACTION: Council authorized Consulting City Attorney Alan Ruf to consult with the City Engineer to formulate a plan to be proposed at thenext regular City Council Meeting. -1- 7/11/84 /cmt Consulting City Attorney Alan Ruf referred to his memo to Council dated July 6th, which indicated that if the City is to do the spray irrigation system for wastewater disposal, an integral part of that system would be storage areas for treated wastewater. He stated that the engineer's conclusions included a need for approximately 40 acres of land and the City Attorney's Office is trying to find those acres at a reasonable price. He advised that they are negotiating on the parcel that is marked with an 'T' on the map attached to his memo and added that it is located north of the half section line adjacent to the east of the proposed Sawgrass Expressway. Mr. Ruf displayed maps and stated that the map on the left is the north half of Land Section 7 and the map on the right is both halves. He pointed out a parcel on the right which is also being discussed as a possible purchase, which is approximately 65 acres, 10 acres of which will be taken for the Expressway, leaving 55 acres bounding the Express- way on the west and the half section line on the west. He advised that this land has two owners, one of which is Mini -Mart Corporation with which the City has had a recent litigation. Mr. Ruf advised that the parcel on the left is presently in litigation which is scheduled for trial in late July, and the owner George May has offered to sell 38 acres in that tract for $16,000.00 per acre, with the actual lines to be determined at a later time. He added that the second part of Mr. May's offer is that he be left with 15 acres zoned for office park use. Mr. Ruf stated that the City Attorney advises that this is probably not possible because of a canal running the entire length from east to west in the mid section of that parcel, which he believes has been built there as a separation line between the proposed office and storage areas and the residential areas. Mr. Ruf advised that if Council does not concur with moving the canal, he will negotiate with the owner to offer residential zoning; or the City will lose the deal. Vice Mayor Stein asked Mr. Ruf if he had explored the possibility of jogging the canal. City Attorney Henning clarified that the canal had not yet been built but it is anticipated to be 120-feet wide and he does not believe that a canal of this width can be effectively jogged because of erosion. He suggested that Mr. Ruf consult with the engineers regarding the possibility of curving the canal and Mr. Ruf agreed that if Council wishes to pursue this purchase, he will consult with the engineers. He added that the land appraiser advised that this land is escalating rapidly because of the proposed Sawgrass Expressway and $16,000.00 per acre is an extremely reasonable price. The Vice Mayor agreed that once the Expressway is built and further development is considered, it could be too late for this price, therefore now is the time to purchase. He continued that about 5 acres is going to be needed for __public works .D-urrnaaes. and---lx1aa - from this purchase could be used for that purpose. The Vice Mayor suggested that Mr. Ruf work with the City Engineer on a workable_ plan to present to Council for authorization to continue. C/M Munitz asked if this land was to be zoned for residential under the Land Use Plan for Land Section 7. When Mr. Ruf said yes, C/M Munitz asked if the City would be sacrificing any of the 1,526 residential units by that purchase and the City Attorney confirmed. C/M Munitz stated that Council had semi -officially adopted the outline of Land Section 7 and asked what effect this purchase would have on that Plan. The City Attorney replied that the north half could be residential or non-office/business and the south half could be office/business. He continued that the units could be transferred east or north to maintain the full density and he believes that Mr. Rubin would agree to this. C/M Munitz asked what would happen to the value of those residential properties and the City Attorney replied that they were not prepared to answer that. -2- 7/11/84 /cmt The Vice Mayor stated that there is no need to discuss these subjects until there is a workable plan developed and he MOVED to authorize Mr. Ruf to consult with the City Engineer and report to Council at the next meeting with a plan acceptable to the seller. C/M Munitz SECONDED. C/M Stelzer agreed that the purchase would be worthwhile because even if the City does not use the land for these purposes, the City could get their money back by selling the residential units. C/M Dunne agreed to pursue the purchase. VOTE: ALL VOTED AYE GENERAL ADMINISTRATION/FINANCIAL 13. Grants - Status report !2x Mitch Ceasar, Grants Consultant. Discussion and possible action. SYNOPSIS OF ACTION: Report by Mr. Ceasar. Mitch Ceasar, Grants Consultant, reported status on projects as follows: 1. Realignment of NW 61st St, -University Drive - Mr. Ceasar reported that Council/Liaison Vice Mayor Stein asked that he research the status and the reason for delay on this project and Mr. Ceasar contacted County Commissioner Craft who agendized the item at County level. He added that the item has been resolved and the contract has been drawn and signed by Nicki Grossman. City Attorney Henning advised that he has that contract and it is ready for execution. Mr. Ceasar reported that there is a minor technical problem with FP&L and construction will begin when that is resolved. Mr. Ceasar estimated that construction will begin next week. 2. Situation at University Drive & 78th Street - Mr. Ceasar reported that the traffic signal device which Woodmont has paid for has been installed, but has never been turned on. Upon checking with County Staff and Commis- sioner Craft, Mr. Ceasar found that this is being investigated. He stated that there is a problem with DOT as they claim to have checked traffic flows and it does not warrant the light. He added that the delay is because the Commissioners moved from the County Courthouse to the Burdine Building this week and everybody is in transit. Mr. Ceasar reported that hopefully that will be resolved,with the County acting on Tamarac's behalf with the DOT. 3. Ex ansion of University Drive - Mr. Ceasar reported that the project is progressing and referred to previous reports of trying to find the money that is needed as well as money that has been set aside for other projects that could be transferred, much the same as they did with the Bike Path for the design. He added that in the meantime the construction phase is continuing. Mr. Ceasar quoted portions of a letter from the Transportation Planning Division through its Director to Commissioner Craft regarding .the University Drive segment from Commercial to Southgate, which states that this segment of roadway carries between 35,000 and 38,000 vehicles per day and the 4-lane divided facility as it is now can accommo- date 27,000 vehicles per day. Mr. Ceasar said that it has been confirmed that Florida DOT has rescheduled resurfacing for PY86-87 at a cost of $670,000.00. He continued that the letter also discussed the possibility of transferring those funds to the expansion project, and Florida DOT has asked County Staff to develop a plan for joint cooperative improvement of University Drive. He added that the letter states that Florida DOT has agreed, to the extent possible, to defer the resurfacing project within the 5-year plan. Mr. Ceasar reported that memos on these projects will be submitted to the City. C/M Stelzer asked ii the traffic light at 78th and University is for the left turn onto Woodmont from the northbound section and Vice Mayor Stein agreed. C/M Stelzer advised that earlier this year he attended a meeting at the Elementary School where a new count was discussed because the count did not include those cars making U-turns to get into the Park. He added that Mr. Keating has a response to his letter to DOT on this suN ect and there is a question of a northerly entrance to the school at Bonaire. -3- 7/11/84 /, rm t J C.� CONSENT AGENDA 7d). Mitchell Ceasar - Grants Consultant - Expenses - 6/25/84 - $363.94 - Approval recommended by City Manager. SYNOPSIS OF ACTION: Removed from Consent Agenda. Approved for payment of $85.44 (disallowing $278.50). (See Pages 1 & 28) C/M Munitz asked Mr. Ceasar what part he played with regard to the Utility Grant in order to clarify items on Mr. Ceasar's bill for discussion and luncheons in Tallahassee in reference to that Grant. Mr. Ceasar stated that sometime after the Utility Grant process had begun, he was asked to make a presentation on the monthly Grant report. He continued that at the Council meeting for that presentation, Williams, Hatfield & Stoner were there and Mr. Ceasar offered his assistance on that Grant and was told that they would let him know. He continued that a short time thereafter he was told that his assistance was not necessary because it was a technical grant and basically they did not want a nontechnical expert involved. C/M Munitz asked for clarification that Williams, Hatfield & Stoner told Mr. Ceasar not to participate and Mr. Ceasar confirmed that, adding that the City Manager told him to follow that lead. C/M Munitz asked Mr. Ceasar if he was comfortable with that since this was a major portion of something the City would be faced with for many years to come, and if he felt as a Grantsman he should do nothing because of that direction. Mr. Ceasar stated that as a professional, he had no reservations in doing what he was told, after it was explained to him by the expert hired by Council and told by the City Manager to do nothing unless he heard otherwise. He continued that he heard nothing different from Council at that time and if he is instructed by a superior not to participate, then he will not participate. C/M Munitz asked Mr. Ceasar if he should not have reported these facts to Council and Mr. Ceasar stated that he assumed that Council was aware of those directions to him. C/M Stelzer stated that he believes Council did know about this. He added that if the City Manager and the Consultant Engineers specifically asked Mr. Ceasar not to participate, the Council would have been aware of it and he suggested that the minutes of past meetings be researched for this. Mr. Ceasar stated that if this had been a Grant that the City was pursuing, of which he was knowledgeable, and was told nothing either way and still did not come forward, then there might be a question. He continued that in this case he was specifically told not to participate. The City Attorney added that Mr. Ceasar was asked to assist when the Mayor and the Vice Mayor made their trip to Tallahassee and C/M Munitz stated that he was aware of that. However, C/M Munitz denied that Council knew of this instruction and C/M Stelzer advised that he was referring to the previous Council since these negotiations started some time ago. Vice Mayor Stein questioned the validity of several items on Mr. Ceasar's bill because Mr. Ceasar was already in Tallahassee when asked by the Vice Mayor to remain to assist with their trip. He specifically questioned the $205.00 air fare and the taxi to the airport. Mr. Ceasar stated that this was designated as a Tamarac trip and he stayed over at the request of the Vice Mayor. The Vice Mayor asked Mr. Ceasar if these charges would have been billed to Tamarac if he had not been asked to stay over and Mr. Ceasar Tape stated no, advising that Council could remove the items they desired. 2 The Vice Mayor advised that he sees no reason for the City to pay the air fare of $205.00, the hotel bill of $64.50, or the airport parking of $9.00 and he MOVED that the remainder be paid. C/M Munitz asked the Vice Mayor for clarification that the bill was to be reduced by $278.50 and the balance of $85.44 be paid and the Vice Mayor confirmed. -4- 7/11/84 /cmt V/ Mr. Ceasar asked that he be given an itemization of those amounts approved along with the check and the Mayor agreed. C/M Munitz SECONDED. VOTE: C/M Dunne AYE C/M Munitz AYE C/M Stelzer NAY Vice Mayor Stein AYE Mayor Kravitz AYE City Attorney Henning asked for clarification that the airfare, the hotel and the parking were disallowed and the cab and the food were allowed. The Mayor confirmed that. 11. Tamarac Park - Discussion and possible action to finalize location of Recreation Building. SYNOPSIS OF ACTION: Approved the plan subject to the Recreation Committee's approval, which the Recreation Director was instructed to obtain, in -writing, prior to the - .text regular Council Meeting. - -- Recreation Director Sharon Ellis reported that this item was agendized by request of the. Consultant City Planner Richard Rubin. She stated that the City has been negotiating with the School Board on the use of school property for this building; however, that Board was not receptive to that recommendation. She added that the Parks & Recreation Department and the Building Department recommend that the location be at Tamarac Park where the playground apparatus is currently placed and moving that apparatus to another location in the Park. She pointed out that the location is approximately 10 or 15 feet north of the original location and that nothing else has changed. Mayor Kravitz asked if the Parks & Recreation Board had reviewed this and Ms. Ellis stated that they had been advised but there has been no meeting yet. She added that at this point there is no other choice for the loca- tion. C/M Stelzer asked where the tot lot would be placed and Ms. Ellis advised that it would be relocated into the picnic area on the western portion where the jogging fitness trail was installed and would be more accessible to school children during school hours. The Mayor agreed that there is no other choice and asked if the Recreation Director recommended approval. Chief Building Official Sam Stevens stated that it is the most logical location and Ms. Ellis agreed. C/M Stelzer MOVED to accept the site plan based on the recommendation of the Recreation Director, subject to approval of the Committee. C/M Munitz SECONDED. Melanie Reynolds stated her disappointment in settling for a building that is not adequate after waiting so long and asked if Council could not stop the building of this smaller facility. She advised that there is $1.5Million in the Recreation fund and the City is not buying any parks. She referred to several locations that had been planned for parks that are now designated for other uses and asked why the City can't have a proper Recreation building with proper facilities. She asked if this could be placed on referendum this fall to have a better Recreation building and use that money. Vickie Beech suggested that Council review this item further and wait for the Committee's input and approval. -5- 7/11/84 /cmt J -A � r � City Attorney Henning pointed out that nothing has changed but the loca- tion of the building. C/M IInne agreed with Ms. Reynolds' suggestion for a future gym and suggested that Council try to get the entire package together. C/M Stelzer advised that the only item on the Agenda calling for a decision is the relocation of the building and suggested that these comments were not relative to that subject. Mayor Kravitz replied that as he understands it, the people are asking that the subject be Tabled for future study, which is relative. C/M Stelzer stated that if the location had not changed, the item would not have been on the Agenda. VOTE: C/M Dunne NAY C/M Munitz AYE C/M Stelzer AYE Vice Mayor Stein AYE Mayor Kravitz AYE The City _Attorney asked that the Recreation Director submit written approval by the Committee to the Clerk's Office, since the motion called was subject to that approval. Ms. Ellis advised that the next Committee meeting was scheduled for July 23rd, and agreed to that direction. C/M Stelzer advised that he is liaison to activities with the school board of the County and the Elementary School and asked who authorized these discussions and why he or the City Attorney were not included. He suggested that all of Council be advised of future discussions with the school board and that the proper people be involved in such discussions. C/M Munitz stated that he understood that C/M Stelzer was invited to this meeting and a memo was sent to the City Attorney clarifying the Sunshine Law situation if both Councilmen attended and the City Attorney confirmed that he had received and responded to that memo. C/M Stelzer stated that he was not aware of that meeting. 10. Tract 27 Park - Discussion and possible action to approve the Master Site Plan. SYNOPSIS OF ACTION: Council approved the preliminary site plan for Tract 27 as presented by the Recreation Director. Recreation Director Sharon Ellis reported that Council approved the location and the lighting projects for two additional soccer/football fields at the last meeting and she presented an up-to-date sketch of the plan that she recommends for approval. She stated that the City Engineer has discussed this with Mr. Cecil Nall. with regard to the location of the storage tanks, tennis courts, handball courts, basketball courts, parking facility, open area, concession stand and pro shop. She requested approval of the site plan so that development could proceed and added that this is a preliminary site plan, with final plans to be drawn upon Council's approval. Vice Mayor Stein MOVED to adopt the preliminary site plan and C/M Munitz SECONDED. C/M Stelzer asked how long it would take to complete the entire project and Ms. Ellis replied that work will be done in stages, with the immediate need being for the soccer/football fields. She continued that following that would be work on the parking facility, exit and entrance ways, concession stand and rest rooms, then 10 tennis courts at the northern end. She added that the City Engineer has recommended that the storage tanks be camouflaged by building the racquet ball courts around them and she agrees _. _............_..-- With that. -b- 7/11/84 /cmt C/M Stelzer stated that he is pleased that the City's image would change with the development of this facility; however he is concerned that future residents at Kings Point would not be aware of the size of this facility and the lighting and crowds that would be involved. He suggested that an artist's concept be prepared on a large sign facing Kings Point so that residents will know what is planned there. C/M Dunne asked how much this project is going to cost and Ms. Ellis advised that the total would be $1,290,000.00. She added that this is estimated high to cover possible increases that might occur since the work is being done in phases. She continued that hopefully, once they go out for bids on specific items, the figure will come down. She said that copies of the breakdown on the cost are available and the Mayor asked that copies be sent to Council. C/M Dunne asked if that money was available in the Parks & Recreation Fund and the Vice Mayor stated that only one phase is being discussed at this point, and the money is available. Mayor Kravitz advised that Council is aware of this by memo and the Recreation Director will present the plan to the Recreation Committee and send their report to Council. Vice Mayor Stein endorsed C/M Stelzer's statement regarding the image of the City and stated that the average age of Tamarac residents is 62. He stated that if this City is to grow and prosper, it must attract some younger residents and he feels this recreation facility will highlight the City's attraction. VOTE: C/M Dunne NAY C/M Munitz AYE C/M Stelzer AYE Vice Mayor Stein AYE Mayor Kravitz AYE Martin Riefs stated that he represented Lennar Corporation, the developer of Kings Point which surrounds the proposed recreation facility. He stated that he is concerned over the relocation of the storage tanks from the previous plan to the location on Nob Hill Road. He asked that Council consider relocatioR thPSP from visible sight of the residents of Kings Point. Ms. Ellis advised that the idea of camouflaging the tank with the racquetball court should solve that problem. Mayor Kravitz advised that before anything is :given final approval, this point will be considered. 12. Street Resurfacin& Projects - Discussion and possible action on: a) NW 61 Street from NW 84 Terrace east to canal. b) Brookwood Boulevard (northbound lanes) from McNab Road to NW 64 Court. c) Boulevards - NW 53, 54 and 55.Streets and NW 23 and 27 Avenues. k (tabled from 2/9/83 and 6/13/84). ------ d�--_Apprnva.l. of ..priority lis.t__ =—Agendized by Consent. e) Approval of line item transfers. - Agendized by Consent. SYNOPSIS OF ACTION: Agendized by Consent items d) and e); and removed items a), b) and c). ADDroved d) and e). City Engineer Larry Keating advised that the wording of the agenda items did not reflect the locations of the work in order of priority. He referred to his memo of July loth with the current list by order of priority and a breakdown by cost of material to be used by Public Works and the actual costs for a contractor to do the resurfacing. He continued that the total sum is in excess of $200,000.00 and may exceed the Charter limitation. He recommended limiting the amount of work under the Fiscal Year expenditure to below that limitation. He requested approval of this priority list and that work proceed in that order. (See 'Attachment 1). -7- 7/11/84 /cmt City Attorney Kenning asked Mr. Keating if any individual project would be over that amount and Mr. Keating replied that none of the projects would individually exceed the Charter amount. Mr. Henning continued that Council could accept the priority list and then approve the projects individually. The Vice Mayor stated that the lump sum of any Department's projects would be over the Charter limitation and suggested that projects be handled in groups after approving the list of priority. C/M Stelzer pointed out that Item 12a) was not on Mr. Keating's list and the Mayor advised that each item must be considered for action as it is _ ont_he Agenda. Mr. Keating recommended that Council deny a), b) and c) and adopt the priority'list pursuant to his memo, with the expenditure therefor. He added that there is also a transfer of funds involved. City Attorney Henning advised that d) would be the approval of the priority list and e) would be the approval of the line item transfers. Mayor Kravitz recommended that Council add by consent items d) and e) to Item 12 and then vote accordingly. Vice Mayor Stein so MOVED and C/M Dunne SECONDED. VOTE: ALL VOTED AYE a),b),c). Vice Mayor Stein MOVED to remove a), b) and c) from the Agenda and C/M Dunne SECONDED. VOTE: ALL VOTED AYE d) Vice Mayor Stein MOVED to accept the priority list as submitted by the City Eng nee -s memo dated JuLy loth.._ M Stelzer SECONDED. VOTE: ALL VOTED AYE e) Vide Mayor. Stein._MOVED,to accept the amendment dated July llth to transfer the line item amount of�172,200.00 from the Capital Reserve fund. C/M Stelzer SECONDED. (See Attachment..2.)._, _. VOTE: ALL VOTED AYE COMMUNITY DEVELOPMENT 37. Ashmont/Kings Point - Discussion and possible action on: a)� Renewal of permit for the use of a model sales facility at another location. b) Release of a warranty bond posted for the water distribution system - Temp. Reso. #3218. SYNOPSIS OF ACTION: APPROVED a) and b). RESOLUTION NO. R-•84 ,, PASSED City Attorney Henning read Temp. Reso. #3218, by title. C/M Stelzer advised that the City Engineer has recommended that the warranty bond be released; so there should be no problem with the permit. C/M Stelzer MOVED for approval of the renewal of the permit and C/M Munitz SECONDED. VOTE: ALL VOTED AYE C/M Stelzer advised that the City Engineer has recommended approval and C/M Stelzer MOVED to release the bond. Vice Mayor Stein SECONDED. VOTE: ALL VOTED AYE 7/11/84 /cmt 7-1 36. Tamarac Gardens - Model Sales Facility - Discussion and possible action to renew a model sales permit. SYNOPSIS OF ACTION: APPROVED renewal of model sales permit for 6 months from 7/27/84. C/M Dunne advised that the fee has been paid. He MOVED for approval and C/M Stelzer SECONDED. VOTE: ALL VOTED AYE GENERAL ADMINISTRATION/FINANCIAL Tape 9. Relocation of Water and Sewer Lines - Discussion and possible action 3 on invoices from Broward County on relocation of utility lines for the following projects: a) Commercial Boulevard, between b) Commercial Boulevard, between c) McNab Road, between University SYNOPSIS OF ACTION: APPROVED Staff's recommendation for payment on all three projects, of $482,202.92 now and the balance of $353,217.58 in installments. the Florida Turnpike and NW 61 Avenue. the Florida Turnpike and State Road 7. Drive and the east City limits. Finance Director Steve Wood reported that the background of this was that the utility lines were relocated and paid for by County money and they were to bill the City. He stated that the City tried to enter into three con- tracts for these projects, the first two being with the understanding that the City would not pay any interest, which were not signed by the County. He continued that up to this time, the City has not been billed and the County is now trying to finalize all three projects. Mr. Wood referred to his memo dated July 3, 1984, which outlines alternatives for this payment. H6 advised that Alternative #1 is acceptable by the County and is to pay $482,202.92, using a small interest factor for two contracts and 712% as agreed to on the third contract. Mr. Wood recommended payment under this alternative. Vice Mayor Stein stated that it is his understanding that this has been reflected in the City's budget and Mr. Wood confirmed that, adding that the obligation is also included in the Consultant Engineers' report. C/M Munitz asked what amount was included and Mr. Wood replied that the monthly payment amount has been budgeted over the last few years as if the payments were being made and this year, it is approximately $130,000.00. C/M Munitz asked if the payments for previous years had been earmarked for this. Mr. Wood confirmed and advised that the budgetary constraints were really not an issue. The Vice Mayor asked how total payments to date would affect the assets of the City for the next year. Mr. Wood stated that the City needs to enact new utility rates regardless of what happens with the bond issue. He added that the expenditure was contemplated and was included in the 5-year capital improvement plan and money is available to make the payment. He added,however,, if the payment is made and Council does not enact a new rate during the first part of the next fiscal year, the City may experience a deficit in retained earnings for the utility. C/M Stelzer asked Mr. Wood if the money is available in Retained Surplus and asked how much will be taken into consideration of a new rate structure. Mr. Wood stated that the expenditure was contemplated in prior years but was not paid, therefore the money rolled over into Retained Earnings and the City earned the interest on these dollars at a rate in excess of the interest being requested by the County with this payment. 7/11/84 /cmt A C/M Stelzer pointed -:out that if those payments had been made in prior years then there would not be that interest income and Mr. Wood agreed. Vice Mayor Stein stated that the point is that the payments should have been made with a realistic rate at that time and now it has accumulated to the point where if the City pays the $700,000.00, it would go into a deficit using the same utility rates. Mr. Wood advised that regard- less of this payment, during the next fiscal year the City will incur a deficit unless there is a rate change. C/M Dunne suggested that the payment be made to keep friendly relation- ships with the County. Vice Mayor Stein MOVED to accept staff's recommended plan for payment of $482,202.92 now and the balance of $353,217.58 in installments. C/M Munitz asked the nature of the install- ments and Mr. Wood advised that it would be in semi-annual installments as outlined in his memo. C/M Munitz SECONDED. VOTE: ALL VOTED AYE 8. Personnel Director - Discussion and possible action regarding recom- mendation of City Manager to conclude the probationary period of Larry Perretti based upon completion of seven (7) months satisfactory service. SYNOPSIS OF ACTION: TABLED at request of Vice Mayor Stein. City Manager Laura Stuurmans advised that the personnel manual provid_e.s_..__. for a 6-month probationary period for general employees, however Council extended that period to a maximum of one year for Department Heads, pro- viding for review by the City Manager after 6 months with report to Council. She added that Larry Perretti has been with the City for 7 months and during that time he has evidenced a proficiency in administrative skills and the labor relations abilities that he has brought to the position is an asset to the City. She recommended that Council remove the probationary status. Vice Mayor Stein stated that he has been investigating some actions in regard to this matter and asked that it be TABLED until the next meeting. C/M Dunne SECONDED. VOTE: ALL VOTED AYE LEGAL AFFAIRS 19. g by - Temp. Ord. #1127 - ezon�.n o Recreational an Discussion and possible action to delete Section 12.07, "Recreational Land Use Referendums", from the City Charter pursuant to Section 166.031(5) of Florida Statutes and Court Order. First Reading. SYNOPSIS OF ACTION: APPROVED on First Reading. City Attorney Henning read Temp. Ord. #1127, by title, and stated that this action was approved in May by Resolution. He added that legal staff feels that more appropriate action would be by Ordinance and requested that Council address that action. He advised that this portion of the Charter has been declared illegal for various reasons and requires unanimous Council action to delete it from the Charter. Vice Mayor Stein MOVED to adopt Temp. Ord. #1127 and C/M Munitz SECONDED. Melanie Reynolds asked if the Resolution would have to be repealed and Mr. Henning advised that the Ordinance includes that in its title. -10- 7/11/84 /cmt John W. Fleming, resident, stated his concern that this has been on the books for so long and asked why it is coming up at this time. He advised that there a number of proposals that residents are concerned about. Mr. Henning agreed that this was taken from the Charter several years ago and has been addressed by the Charter Board for at least two years. He continued that at one point they had considered putting it on referendum for the people's vote; but this is the most appropriate way to take action to delete it. He stated that it is a housekeeping method and has no bearing on future plans for rezoning in the City. Mr. Fleming stated that their concern was with the possibility of re- zoning that will have serious effect on Sections 6 and 7. Mr. Henning advised that when rezoning is requested, there will be Public Hearings advertised. Mayor Kravitz assured Mr. Fleming that before anything of this nature is approved there would be workshops and a Public Hearing on the subject. C/M Munitz asked that Mr. Fleming meet with him to discuss these concerns and Mr. Fleming agreed. Charles Ellner, resident, stated that this seems to be part of a well -- planned strategy an&,.the residents of Section 7 have heard rumors that Mr. Stackhouse plans to apply for rezoning to permit construction of condos and hotels in that section. Mayor Kravitz reiterated that no action will be taken on a request for rezoning until workshops and a Public Hearing are held. He added that nothing is pending and the public will be given ample notice if a request for rezoning is to be heard. Vice Mayor Stein advised that this is nothing more than a method of removing a section from the Charter that had merely been crossed out by the previous City Attorney. He pointed out that he is liaison to the Planning Commission and there is nothing before that Commission for any rezoning. He continued however that the residents should be aware that the restrictions of the golf course in that area will expire in 1988; and at that time it will be open season for development. Mr. Ellner asked Mr. Henning the effect of granting this deletion and Mr. Henning replied nothing, because they have not been able to use that section since the 70's. C/M Munitz advised that this Ordinance does not change any zoning presently in existence, it just deletes something that should have been deleted a long time ago. Mr. Ellner stated that the residents must rely on Council's assurance in this matter and the Mayor advised him that they have that assurance. VOTE: ALL VOTED AYE COMMUNITY DEVELOPMENT 26. Sands Point Condo IV Inc. - Revised Site Plan - Temp. Reso.#3204 - Discussion and possible action on a revised site plan for revisions to traffic flow (tabled from 6/27/84). SYNOPSIS OF ACTION: Approved, as amended RESOLUTION NO. R-84 -O&Z_PASSED and with condition for additional stop signs. City Attorney Jon Henning read Temp. Reso. #3204, by title. Chief Building Official Sam Stevens advised that this revised site plan is to document the change of traffic flow from two-way to one-way traffic in some areas. He recommended that Council accept the revised site plan by accepting the revision. Vice Mayor Stein advised that in discussion with the person who had previously objected to this change, the Vice Mayor suggested a compromise that two stop signs would be placed where the two-way merges with the one-way and the objector agreed. 7/11/84 /cmt C/M Munitz asked if this changes what exists now and Mr. Stevens replied no, the revision is only to document what exists.now. C/M Stelzer referred to the Vice Mayor's discussion with the person who objected to this change and stated that it was C/M Dunne who asked that this be tabled and C/M Stelzer was concerned about the Sunshine Law. The Vice Mayor clarified that C/M Dunne's request was at the behest of the resident and the Vice Mayor has discussed this with the resident. The Vice Mayor asked Mr. Stevens if he accepted this suggestion and Mr. Stevens affirmed. Joseph Stokvis, Vice President of Sands Point Condo IV, referred to the Vice Mayor's recommendation and advised that a "Stop" sign and "Two -Way Traffic Ahead" sign has been placed on the right-hand side where the traffic merges. The Vice Mayor pointed out that there is no sign on the other side and Mr. Stokvis advised that there would be no objection to that. Malcolm Nathan stated that he was the former Chairman of the Traffic Board which set up the original plan. He added that the original plan had no two-way traffic. He advised that the present revision is dangerous because there are points in the area where traffic moving one way does not see the traffic coming the other way and there have been near acci- dents because of this. He said that previously they had two definite one-way streets which was the safest method. Ed Solomon, Resident of Sands Point Phase IV stated that this is an administrative matter and if there are changes to be made they should go back to Planning and get it done. He suggested that this matter started because of a letter from the Board of Directors at Sands Point to the City Charter Board reporting the fact that one of the Charter Board members did not obey the rules of the Condo area. He added that the Chairman of the Charter Board replied to that letter and at that time Mr. Stevens became involved in the matter. Mr. Solomon continued that the truth of the matter is in Mr. Nathan's comments and asked that the change be sent back to the Planning Commission. Stanley Jonas, Member of the Sands Point Board of Directors stated that the original plan met with many objections from one building due to several sharp angles in the traffic flow. He stated that the Board acceded to their requests and the flow of traffic was changed to what it is now for the safety of the residents of Phase IV. He advised that the Charter Board member previously mentioned was fined for her nonconformance. Tape He advised that there are no objections to the additional sign recommended 4 by the Vice Mayor and requested that Council favor this revision. Charles Bellar, Resident of Sands Pointjasked that Council consider their safety and protection by granting this application. Melanie Reynolds, Resident of Sands Point, stated that this resolution addresses construction to be in compliance with the plan and advised that there is no plan involved here. She objected to the unnecessary distance required for the residents in the north section of the condo area in getting back and forth to their homes around the tennis court. Vice Mayor Stein MOVED to adopt Temp. Reso. #3204 as amended for the stop signs that have been accepted: C/M Stelzer SECONDED. City Attorney Henning suggested that a) and b) of Section 1 of the Resolu- tion should be deleted and in its place a) should read: "The existing plan is hereby approved." He continued that c) would then become b) and the Conditions Section should include: "Stop signs are to be added as indicated in Exhibit A", with the drawing being attached to the Resolution as Exhibit "A". VOTE: ALL VOTED AYE -12- 7/11/84 /cmt J A 27. University Community Hos ital - Revised Site Plan Discussion and possible action on a revised site plan northwest corner of the employee parking lot, utility walks and picnic table additions. -- Temp. Reso. #3212- for revisions to the building, patio area, SYNOPSIS OF ACTION: Approved, subject RESOLUTION NO. R-84- v2/ If PASSED to Staff recommendations. City Attorney Henning read Temp. Reso. #3212, by title. Vice Mayor Stein advised that the Planning Commission has approved this subject to Staff recommendations and asked if these were to be made part of the Resolution and the City Attorney confirmed that. Vice Mayor Stein MOVED to adopt Temp. Reso. #3212 and C/M Munitz SECONDED. VOTE: ALL VOTED AYE 28. Universal Electric/Foster Warehouse - Discussion and possible action on: a) Site Plan - Temp. Reso. #3213 b) Landscape Plan c) Water and Sewer Developers Agreement d) Water Retention Agreement e) Hold Harmless Agreement (to be located on the 5300 block of NW 22 Avenue) SYNOPSIS OF ACTION: Approved a), RESOLUTION NO. R-84-& / 9 PASSED b) , c) , d) and e) . a) City Attorney Henning read Temp. Reso. #3213, by title. Vice Mayor Stein MOVED to adopt Temp. Reso. #3213. C/M Stelzer SECONDED. The Assistant City Clerk advised that there are fees due as indicated in the City Engineer's memo. Mr. Stevens stated that drainage improvement fees of $59.67 and water & sewer contribution charges of $900.00 are due. Mr. Rod Green representing the applicant advised that his client is here, with the check for those fees. Vice Mayor Stein asked that those items with fees be discussed first. He asked that the applicant cover all fees due in order for Council to continue with the item. He outlined the fees to be those previously mentioned by Mr. Stevens and an engineering inspection fee amounting to $1,557.16. Mr. Stevens advised that $450.00 of that engineering fee has been prepaid and the balance due of $1,107.16 can be paid at the time of the engineering permits. Mayor Kravitz advised the applicant to present the check to the City Clerk and Council could continue with the entire item. Applicant paid _fees of $59.67 for drainage improvement and$ 900.00 for water & sewer contribution charges. VOTE: ALL VOTED AYE b) Vice Mayor Stein asked if the applicant agreed to the recommendations by the Beautification Committee and Mr. Stevens confirmed that they have. Vice Mayor Stein MOVED to accept the landscaping plan and C/M Dunne SECONDED. VOTE: ALL VOTED AYE -13- 7/11/84 /cmt � v J c) City Attorney Henning said that there is only one ERC required for this building, which will be a minimal amount of water. Vice Mayor Stein MOVED to adopt the Water & Sewer Developers Agreement and C/M Dunne SECONDED. VOTE: ALL VOTED AYE d) The City Attorney advised that the agreement has been executed, all fees have been paid, and he recommended approval. Vice Mayor Stein MOVED to approve and C/M Dunne SECONDED. VOTE: ALL VOTED AYE e) Vice Mayor Stein MOVED to accept the hold harmless agreement and C/M Stelzer SECONDED. VOTE: ALL VOTED AYE 29. Woodlands Day School - Discussion and possible action on: a) Site Plan - Temp_ Reso. #3214 b) Landscape Plan c) Water & Sewer Developers Agreement d) Water Retention Agreement e) Canal Maintenance Easement - Temp. Reso. #3215 (to be located on the east side of NW 70 Avenue, just south of the residential/commercial building). SYNOPSIS OF ACTION: TABLED to July 25th meeting at request of applicant. Mayor Kravitz advised that Council was asked to table this item. Vice Mayor Stein MOVED that Item 29 be TABLED and C/M Stelzer SECONDED. C/M Stelzer asked if this item was tabled to July 25th and the Mayor confirmed. VOTE: ALL VOTED AYE 30. Fami_ly Mart - Revised Site Plan - _Kam . Reso. #3217_- Discussion and possible action on a revised site plan for a storage enclosure at the rear. SYNOPSIS OF ACTION: APPROVED subject to conditions. RESOLUTION NO. R-84-PWV PASSED City Attorney Henning read Temp. Reso. #3217, by title. Mr. Stevens advised that this enclosure was required by the City and Staff recommends approval of the revised site plan, subject to the following conditions: I. There is to be no outside storage permitted after the enclosure is constructed. 2. Enclosure is to be constructed with: a) Doors must be placed on concrete filled posts instead of attached to the wall. b) A concretes. pad beneath the structure instead of asphalt as shown. 3. Applicant shall place a hedge to the south of the enclosure to shield the storage area. The hedge has died; therefore, Staff recommends placing a new hedge in the landscape island. 4. All work shall be completed within 90 days. Vice Mayor Stein MOVED adoption of Temp. Reso. #3217 subject to Staff recommendations. C/M Dunne SECONDED. VOTE: C/M Dine_. - .. --...—..._ A.YE C/M Munitz Absent C/M Stelzer AYE Vice Mayor Stein AYE Mayor Kravitz AYE 7/11/84 J 31. Pool Mart of Florida, Inc. - Discussion and possible action on: a) Site Plan - Temp. Reso. #3216 b) Landscape Plan c) Water Retention Agreement (to be located at the southwest corner of Commercial Boulevard and NW 38 Terrace) SYNOPSIS OF ACTION: TABLED (See Pages 17 & 18). City Attorney Henning read Temp. Reso. #3216, by title. Mr. Stevens stated that Staff recommends approval subject to the following: Approval of Water Retention Agreement; payment of appropriate fees which are drainage retention in the amount of $1,424.50 and drainage improvement fees of $105.83; approval of Beautification Committee; removal of two illegal billboards; and submission of Water & Sewer Agreement to Broward County prior to obtaining building permits. Vice Mayor Stein asked if the fees had been paid and the Assistant City Clerk advised that the applicant was to be here with those fees at this meeting. Vice Mayor Stein MOVED to TABLE the item and C/M Dunne SECONDED. Mayor Kravitz added that if the applicant appears, the item can be taken up at that time. VOTE: C/M Dunne AYE C/M Munitz -.Absent C/M Stelzer AYE Vice Mayor Stein AYE Mayor Kravitz AYE 32. Westview a_tColony West - Parcel L - Site Plan - Temp. Reso. #3073 - Discussion and possible action to extend approval of the final site plan (tabled from 3/28/84). SYNOPSIS OF ACTION: TABLED due to arrears in water & sewer fees. Mayor Kravitz advised that there is a balance due of $442.00 and asked Mr. Stevens if those fees had been received. Mr. Stevens reported that the fees have not been paid and the applicant has requested that the item be Tabled. J)Ujige MOVED to Table the item and C/M Stelzer SECONDED. VOTE: C/M Dunne AYE C/M Munitz Absent C/M Stelzer AYE Vice Mayor Stein Absent Ma or Kravitz AYE City Attorney Henning advised that the applicant Marvin Feinstein is present and the Mayor advised that there will be no discussion on the item as it has been Tabled, and suggested that the applicant meet with the City Attorney for recommendation to Council. City Attorney Henning advised Council that Mr. Tralins is asking that Item 21 be Tabled following the Public Hearing and the Mayor advised that the Public Hearing will be held and Council's motion will be based on the recommendation to Table. The City Attorney also requested minimal discussion and Tabling of Item 17 and the Mayor advised that Council will consider that after lunch recess. Mayor Kravitz recessed the meeting at 12:00 Noon, to reconvene at 1:30 P.M. -15- 7/11/84 /cmt Tape Mayor Kravitz called the meeting to order at 1:30 P.M., and all were 5 present. BOARDS AND COMMITTEES 1. Board of_A_djustment - Ted. Reso. #3208 - Discussion and possible action to appoint two (2) regular and two (2) alternate members. SYNOPSIS OF ACTION: Appointed William RESOLUTION NO. R-84 &[4PASSED Danyluck and James Kane as regular members with terms expiring July 8, 1987; and Eugene Barkin and Joseph Lubin as alternates with terms expiring July 8, 1985. Vice Mayor Stein read Temp. Reso. #3208, by title. Vice Mayor Stein asked which positions these were and C/M Munitz advised that the regular appointments were William Danyluck and James Kane; the Mayor advised that the alternates were Mr. Lubin and Mr. Lachmann at the present time. C/M Munitz nominated William Danyluck and James Kane for regular appoint- ments.. Vice. Mayor Stein MOVED to close nominations and C/M Munitz SECONDED. VOTE: ALL VOTED AYE C/M Munitz nominated Eugene Barkin and Seymour Sadkin as alternates. C/M Stelzer nominated John Lachmann and Larry Gould. Vice Mayor Stein nominated Joe Lubin. C/M Munitz MOVED to close nominations. VOTE: C/M Dunne Lachmann & Barkin C/M Munitz Barkin & Sadkin C/M Stelzer Lachmann & Gould Vice Mayor Stein Barkin & Lubin Mayor Kravitz Lubin & Barkin Mayor Kravitz advised that Mr. Barkin has 4 votes and called for a new vote on the tie between Mr. Lachmann and Mr. Lubin. VOTE: C/M Dunne Lubin C/M Munitz Lubin C/M Stelzer Lachmann Vice viayor Stein Lubin Mayor Kravitz Lubin Vice Mayor Stein MOVED to adopt Temp. Reso. #3208 inserting William Danyluck and James Kane in Section 1 and Eugene Barkin and Joe Lubin in Section 2. Mayor Kravitz asked the expiration dates on these appointments and the City Attorney advised that the regular terms expire duly 8, 1987, and the alternate terms expire July 8, 1985. C/M Dunne SECONDED. VOTE: ALL 'VOTED AYE 2. Law Advisory Committee - Temp. Reso. #32.09 - Discussion and possible action to appoint five (.5) members. SYNOPSIS OF ACTION: TABLED to next regular meeting. -16- 7/11/84 /cmt J 177 City Attorney Henning read Temp. Reso. #3209, by title. C/M Munitz suggested that the information given to Council is incorrect in that the list includes applicants from the previous Code Advisory Committee. He advised that this is a new committee and should not have had any previous members. Vice Mayor Stein advised that these members would not be eligible because the Resolution calls for members of the Bar within the Continental United States. Vice Mayor Stein nominated William Watson Trick Jr., Ben Lieber, Edwin Cline, Gene Barkin and Joe Lubin. C/M Stelzer pointed out that Mr. Lieber is an elected member of the Charter Board and the Vice Mayor agreed to delete him. The Vice Mayor stated that he would like to nominate Carl Warshaw, however his application is not in the backup. C/M Stelzer stated that there could be a possible conflict in interest with the appointments of Mr. Barkin and Mr. Lubin since they were just appointed to the Board of Adjustment. C/M Munitz advised that the City Attorney is working on an Ordinance regarding appointments to not more than two committees; however,based on the nature of these two committees, he feels that Mr. Barkin and Mr. Lubin should not be considered. He suggested that Council vote only on two at this time. Vice Mayor Stein asked that the item be Tabled so that these two applicants could be given the choice of serving as alternates on the Board of Adjust- ment or full members of a legal committee. C/M Munitz MOVED to TABLE the appointments until the next regular meeting and the Vice Mayor SECONDED. VOTE: ALL VOTED AYE COMMUNITY DEVELOPMENT 33. Woodmont Tract 72-C Pinea le Park Discussion and possible -action to: a) Renew model sales permit b) Request for Sign Waiver - Temp. Reso. #3219 - for a temporary announcing sign at the NE corner of NW 80 Avenue and NW 70 Street. (Agendized by Consent) SYNOPSIS OF ACTION: Item b) Agendized by Consent (See Page 1). APPROVED a) and b). RESOLUTION NO. R-84-a3 PASSED a) C/M Stelzer advised that the fees have been paid for renewal and he MOVED to approve. C/M Dunne SECONDED. VOTE: ALL VOTED AYE b) City Attorney Henning read Temp. Reso. #3219, by title. C/M Stelzer advised that Staff recommends approval and he MOVED to approve. C/M Munitz SECONDED. VOTE: ALL VOTED AYE 31. Pool Mart of Florida, Inc. - Discussion and possible action on: a) Site Plan - Temp. Reso. #3216 b) Landscape Plan c) Water Retention Agreement (to be located at the southwest corner of Commercial Boulevard and NW 38 Terrace) SYNOPSIS OF ACTION: Reconsidered Tabling RESOLUTION NO. R-84- PASSED action (See Page 15). APPROVED a); APPROVED b) subject to Staff recom- mendations as agreed by applicant; APPROVED cl -17- 7/11/84 /cmt City Attorney Henning advised that the applicant for Item 31 is present and has requested consideration at this time. C/M Stelzer MOVED to remove the Tabling action and reconsider Item 31. Vice Mayor Stein SECONDED. VOTE: ALL VOTED AYE a) C/M Stelzer advised that the fees have been paid and he MOVED to adopt Temp. Reso. #3216. C/M Dunne SECONDED. City Attorney Henning advised that there is still $105.00 due and the applicant presented that amount to the City Clerk. VOTE: ALL VOTED AYE _ b) Vice Mayor Stein advised that the Beautification Committee has recommended several items and he MOVED for the adoption of the Landscape Plan subject to the suggestions of the Beautification Committee by memo from Richard Rubin dated January 5, 1984. C/M Stelzer asked if the applicant agreed to these suggestions and Mr. Rod Green advised that his client agrees to all items specified. C/M Munitz SECONDED. VOTE: ALL VOTED AYE c) Vice Mayor Stein MOVED to approve the Water Retention Agreement and C/M Dunne SECONDED. VOTE: ALL VOTED AYE PUBLIC HEARINGS 21. Bruce Egan - Rezoning Petition #19-Z-84 - Temp. Ord. #1121 - Discussion and possible action to rezone the lands at the southeast corner of University Drive and NW 64 Street from R-3 (Low Density Multiple Dwelling) to B-2 (Planned Business) utilizing the 5% flexibility rule for commercial development in residential land use area not to exceed 10 acres. First Reading. a) Acceptance of Affidavit of Publication, Affidavit of Mailing and Affidavit of Posting. b) Consideration of application. SYNOPSIS OF ACTION: Following Public Hearing and discussion, Petitioner withdrew the applica- tion and Council acknowledged. .. ......... ........_ .. .._... _.__. C/M Stelzer reminded the Mayor that the City Attorney advised earlier of a letter from Mr. Tralins requesting that the item be Tabled. Mayor Kravitz stated that he would prefer to hold the Public Hearing before that action. City Attorney Henning read Temp. Ord. #1121, by title. Myles Tralins.,representing Bruce Egan, advised that a letter has been given to the City Attorney requesting that this matter be Tabled for reconsidera- tion at the next Council meeting in an attempt to meet with Staff to reduce some of the controversy. He added that due to the tragic circumstances, they have not been able to meet with Mr. Rubin. He stated that since the presentation would be quite lengthy, it would be in the best interests to ask that this item be postponed. He requested that Council carry over the Public Hearing of this item to follow presentation and offered to pay whatever costs are required for republication of the item. Mayor Kravitz advised that he prefers to hold the Public Hearing at this time. Mayor Kravitz opened the Public Hearing. Ben Chicofsky, resident of Concord Village, advised that the Planning Commission held a Public Hearing on this item and he does not believe that the item should be postponed by Council. He disagreed with the rezoning to commercial use and stated that from McNab Road to Commercial Boulevard on University Drive, there are 75 retail stores, 11 eating establishments, a few banks, and a professional building. He expressed his concern for the depreciation of the condo owners' investments and asked that Council not rezone this property. He suggested instead that new homes and condos be built there. -18- 7/11/84 /cmt /' L Henry Farbman, Member of the Recreation Board at Concord Village, suggested that this development would be very destructive to the peaceful communities of over 1500 families in this area. He objected to the number of times that this developer has requested rezoning and referred to the costs to the City in handling the requests. He stated that the developer is abusing his rights in these matters. Mr.-Farbman continued that the residents also have rights to protest and requested that they be allowed to have an area of condos and one -family homes, without additional commercial development. Jack Stelzer, resident of Vanguard Village, stated that he is speaking for those residents because they were told that this item was to be Tabled at this time. He stated that there is a great deal of animosity against this rezoning and the residents of Vanguard Village have held several meetings on the subject. He added that they do not want this development in this area and advised that Vanguard Village residents would definitely appear for the Second Reading of this Ordinance. Blanche Lustig, resident of Concord Village, stated that all of the shops along University Drive are not within Tamarac, but she pointed out that these shops are emptied almost as quickly as they are rented. She expressed her concern that there will be a ghost town of empty shops. There being no one else to be heard from the public, Mayor Kravitz closed the Public Hearing. C/M Dunne advised that the Planning Commission Tabled this item and he MOVED to Table it also. C/M Munitz pointed out that the Planning Commission did not Table the item, they denied it. Mayor Kravitz asked that the Vice Chairman of the Planning Commission clarify their action for Council. Larry Bender, Vice. Chairman of the Planning Commission, advised that the Planning Commission denied this application for all the reasons heard here today and recommended that the Council do likewise. Vice Mayor Stein advised that a petitioner must prove public necessity with a request for rezoning and there is nothing in the backup to show that this _ applicant has done that; therefore rather than Tabling the action, he would vote against it. He MOVED to DENY the petition and C/M Dunne SECONDED. City Attorney Henning reiterated that the petitioner requested that this item be Tabled and was withholding his presentation in anticipation of that action. The City Attorney suggested that if Council is not considering a Tabling action, Mr. Tralins is entitled to make his presentation. He agreed with the Vice Mayor's comments that there is nothing in the backup, because the petitioner has been assuming that Council would consider the request for Tabling. The Mayor advised that the Motion is to Deny, not Table. The Vice Mayor repeated his statement that he has nothing to show public need and if Mr. Tralins can present that, he is entitled to do so. Myles Tralins stated that the applicant has attempted in good faith to bring forth a proposal to satisfy some of the concerns of the citizenry. He agreed that Council action should be based on the presentation and the Public Hearing comments. He continued that a full presentation for this item is available and would require approximately three hours; however, he is not prepared to do that today. He stated that one of the reasons for requesting postponement was due to the time involved and added that he was relying on discussion with Staff on this item. He again requested postponement and the Mayor advised that Mr. Tralins' request has been heard and that a motion to DENY is now before Council, and unless Mr. Tralins could prove the need, Council will take action on this motion, after which Mr. Tralins could discuss the action with the City Attorney. -19- 7/11/84 /cmt -,A 77 Vice Mayor Stein pointed out that Mr. Tralins' request does not automatically determine Council's action to Table the item and added Tape that there were many reasons for his motion to Deny. Mr. Tralins 6 asked that they be given an opportunity to meet with Staff in an attempt to satisfy those needs of the public for this development and�thereforeravoid the controversy. The Vice Mayor asked Mr. Tralins if he felt that he could convince the people that a commercial enter- prise is necessary in that location in light of what has been said today. The City Attorney stated that it is not a question of convincing the people; it is a question of convincing the Council on behalf of the people. The Vice Mayor agreed with the City Attorney's comments and again stated that there is nothing to show the necessity for a commercial enterprise in that location. Mr. Tralins stated that he was not pre- pared to do that today. Mr. Tralins stated that on behalf of the petitioner, they wished to withdraw their application. Vice Mayor Stein advised that the petitioner has that right and if there is no petition before Council, there is nothing to Deny. Mayor Kravitz confirmed with the Vice Mayor that he was withdrawing his Motion and asked if the Seconder agrees. C/M Dunne agreed. Vice Mayor Stein advised the public that the developer has the right to withdraw an application at any time and contrary to any other comments, Council does not have the right to deny hearing that application. Vice Mayor Stein MOVED to accept the petitioner's withdrawal and C/M Dunne SECONDED. VOTE: ALL VOTED AYE 22. Lennar�Homes,,_ Inc. - Rezonin Petition #20-Z-84 - Temp. Ord. #1122 - Discussion and possible action to rezone the lands to be used as the Recreation Parcel for the proposed subdivision to be known as Belfort and situated approximately 350-feet east of Nob Hill Road and north of Westwood Drive from R-3U (Row Houses) to S-1 (Open Space/Recreational). First Reading. a) Acceptance of Affidavit of Publication, Affidavit of Mailing and Affidavit of Posting. b) Consideration of application. SYNOPSIS OF ACTION: APPROVED a) and b); APPROVED on First Reading. City Attorney Henning read Temp. Ord. #1122, by title. Mr. Stevens advised that this is a requirement by the City and the Planning Commission and Staff recommend approval. a) Vice Mayor Stein MOVED to accept the Affidavit of Publication, Affidavit of Mailing and Affidavit of Posting. C/M Munitz SECONDED. VOTE: ALL VOTED AYE Mayor Kravitz opened the Public Hearing. Hearing no response, the Mayor closedthe Public_ hearing._ b) C/M Munitz MOVED to adopt Temp. Ord. #1122 and C/M Dunne SECONDED. VOTE: ALL VOTED AYE -20- 7/11/84 /cmt V 23. Carl_ Trauger Enterprises, Inc. - Rezoning Petition #21-Z-84 - Temg.. Ord. #1123 - Discussion and possible action to rezone the lands at the southeast corner of NW 94 Avenue and NW 77 Street from R-3 (Low Density Multiple Dwelling) to R-5 (Motel/Hotel District) to allow development of the property as a retirement resort. First Reading. a) Acceptance of Affidavit of Publication, Affidavit of Mailing and Affidavit of Posting. b) Consideration of application. SYNOPSIS OF ACTION: Following Public Hearing, Council accepted Affidavits in Item a) and Denied b). City Attorney Henning read Temp. Ord. #1123, by title. a) C/M Munitz MOVED to accept the affidavits. C M Stelzer SECONDED. VOTE: ALL VOTED AYE b) Mr. Jack Cory representing Carl Trauger Enterprises, Inc., advised that this development is not an ACLF or a nursing home and will not have health care facilities available. He referred to the aerial map posted and pointed out the location of the development in -proximity to residential developments. Mr. Cory stated that this project is a retirement resort similar to a condominium with the exception that the units will be directly adjacent to the building with full services and recreational facilities. He presented the background of Carl Trauger and advised that brochures and background information were available for the residents. Mr. Cory advised that he had committed to the Planning Commission to address answers to specific questions posed in their meeting. He stated that the first question was circulated extensively in the neighborhood and concerned the effect on the value of property. He presented a copy of an appraisal by M. J. Saxon and Associates to the Assistant City C er-k andstated that the report with that appraisal concluded little impact on the value of the single family homes located nearby. C/M Munitz asked who the appraiser was and what his background was and Mr. Cory advised that the Associates had been certified in the circuit courts of Broward County as expert appraisers. C/M Munitz asked for clarification that it is the conclusion of the appraiser that if this is built where it is intended that it will have no impact on the value of the adjacent projects and Mr. Cory confirmed that. He added that due to the time constraints, if Council desires, they will retain M. J. Saxon for a fully detailed appraisal to be submitted to the City prior to the Second Reading. Mr. Cory advised that other questions concerned_ neighboring projects and he presented a letter to the Assistant City Clerk w�i.ch wadressed to the Mayor and signed by Donald Fraley who owns 173 units directly west of the proposed project, which speaks in favor of the project. Mr. Carroll Anderson, Architect, presented the development as the solution to the need for alternate housing after reaching a certain age and showed pictures of similar projects elsewhere in the United States. He advised that the Planning Commission was concerned with entering the project from Westwood Drive and stated that they could redesign the entrance to be from 77th. He advised that the project will include tennis courts, swimming pools and an exterior jogging path. He added that the entranceways will be covered and heavily landscaped, with fountains. Mr. Anderson stated that there will be restaurants open to the residents, country stores, lounge areas and spas with Jacuzzis and aerobics areas. Mr. Anderson continued that 90% of the units will be one and two bedroom units, 5% will be studio units, and 5% will be three bedroom units. He added that the second floor of the common area will include arts and crafts rooms, kilns, dark rooms and added that there will be a Social Director for these activities. -21- 7/11/84 /cmt J r Mr. Cary presented a copy of a 1974 study on density and a copy of a report on traffic impact by Arnold Ramos, Former District Engineer for the FFLQrida Department of Trans rtatian,_to the Assistant City Clerk. Mr. Cory advised that this property is presently zoned for 215 multi- family units and presented a site plan marked "B" that was already approved for that location. He advised that if the proposed project, which he referred to as "A", is not approved, then the City will be faced with the multi --family development in Plan B, and stated that the City Attorney could confirm that. Mayor Kravitz asked for the City Attorney's opinion and City Attorney Henning advised that everybody sees this as vacant property. He added that it will not stay vacant forever; something will be built there. He continued that it is within Land Sections 4, 5 and 6 which are covered by the Weissing court order which is zoned for 15 units per acre at this time. Mr. Tralins referred to the zoning of the 215 units and advised that the site plan marked B was developed by Toll Development Corp and called for development of 214 units under the 1972 standards. He continued that Mr. Trauger has pledged that if the proposed project A is approved, it will be in accordance with all existing City standards and requirements. Mr. Tralins suggested that the residents consider the options of a first class retirement resort or 214 units of multi -family units to be developed under the bond project. C/M Stelzer advised that Council is only required to act on Petition #21-Z-84 and that is what the public should comment on. He added that the alternative of Gene Toll's project would be dealt with when it comes up. Mr. Cory advised that that project will not come back to the City Council and added that it is under court order. He suggested that Council should be honest with the public and advise them of that and added that a court order issued by a circuit court judge cannot be changed. Tape Mayor Kravitz opened the Public Hearing. 7 Harry Weiner stated that this request was to change the zoning from low to higher density and added that the residents want the zoning to remain for low density. He expressed his concern for the traffic impact on the local areas and stated that the City of Tamarac was planned and they want to keep it that way. He added that this development should not be located in the midst of a planned community and asked that Council vote against this project. Lawrence Gould, resident of Springlake II stated that he was Chairman of their Zoning Committee and spokesman for their community. He read a prepared statement against the development and requested that Council deny this action. Toby Eugene, resident, stated that this project gives the City the oppor- tunity for something beautiful and disagreed with previous comments. She added that it is obvious that something is going to be built on that land and there may not be another opportunity to have a facility as nice or as needed as this is. Vickie Beech, resident, spoke an behalf of the Legislative Committee of the Concerned Citizens. She stated that she observed the presentation previously and added that it is a beautiful concept but does not feel that it should be in a residential area. She read a statement passed by their voters which stated that the Board of Directors of the Concerned Citizens was opposed to this rezoning. -22- 7/11/84 /cmt J 'A M Jordan Baum, resident of Westwood 21, said he opposed the proposed facility and read a prepared statement. He presented a petition signed by many residents who are against the rezoning. He added that intimi- dating the residents with the choice of this project or something worse is the lowest tvpe of.Public Relations that he has ever encountered. Lou Vladem, resident of Woodmont, stated that that entire area was under court order at one time and certain situations were corrected and changed by stipulations. He added that he does not disagree with the facility but it should not be located in a residential area. He spoke against the rezoning for the Property Owners Association of Woodmont. Frank Altobello, President of Section 23, said he spoke on behalf of 426 homeowners in objection to the rezoning of this facility. Bernie Hart, President of the Tamarac Presidents' Council, stated that the 64 homeowner associations represented by this Council are opposed to this rezoning. He read an article from the July llth issue of the Tamarac Mirror regarding the choices stated by Mr. Cory and his challenge for a debate. Mr. Hart advised that residents do not debate with developers; they bring their complaints to the City Council for adjudication of the issue. He agreed with Mr. Vladem's comments regarding the court order and added that the project would be desirable if it were located in an area other than residential. Mr. Hart asked Council to deny the applica- tion. Wilbur Berger, President of the Springlake-Northwood Homeowners Association, stated that residents of Tamarac came here for gracious retirement living. He stated that downgrading the zoning will not improve this quality of living and added that they rely on Council to protect the best interest of the City's residents. Mayor Kravitz closed the Public Hearing. C/M Munitz referred to previous rezoning actions passed under threats and stated that the present Council is pledged to listen to the will of the people in consideration of its actions. He added that he is tired of legislation by threat and prefers to act under legislation by logic, by fact, by law and above all, by what the people want. He advised his intention to vote against this rezoning. Vice Mayor Stein agreed with C/M Munitz and stated that there is no great need or urgency for rezoning for this project. He stated that the people should not think that there is going to be a park there; something is going to be built there and if the people prefer 214 units, he will also vote. against the rezoning. C/M Stelzer advised that the developer has two hurdles to overcome, the first of which is eight items on a memo from Dick Rubin which indicates a violation of the City's codes. He added that secondly the developer must convince the people adjoining the area. C/M Stelzer stated that until the developer overcomes those hurdles, the only thing that Council can do is vote against the rezoning of this project. C/M Munitz MOVED to Deny Rezoning Petition #21-2-84, Temp. Ord. #1123. C/M Stelzer SECONDED. VOTE: ALL VOTED AYE -23- 7/11/84 /cmt 24. Budget Amendment - Temp. Ord. #1124 - action to amend the General Fund Budget for First Reading. SYNOPSIS OF ACTION: APPROVED on First Reading, as amended. Also approved the assignment of $1500.00 to the Election Account from the Contingency Account; and $1200 for a guard rail from 30th to 29th Terrace, from the Contingency Account. Discussion and possible Fiscal Year 1983/84. City Attorney Henning read Temp. Ord. #1124, by title. Finance Director Steve Wood advised that funds necessary.for this amendment are currently available and are listed in his memo to the City Manager dated June 21, 1984. He added that the City Clerk has suggested that the Election Account in the City Clerk's Office be increased by $1,500.00 to provide for the proposed election in September, which would reduce the amount in the Contingency Account to $276,265.00. He continued that C/M Dunne is also requesting an item for a guard rail which would further reduce the Contingency Account by $1,200.00, down to $275,065.00. (See Attach. f3) Mayor Kravitz opened the Public Hearing. Vickie Beech, resident, asked why the budget is being amended. Mayor Kravitz explained that whenever the budget is exceeded, Council must approve an amendment. He continued that requests have been made for certain expenses which,therefore,,requires an amendment. C/M Munitz explained that this amendment is a means of shifting funds from one account to another to cover the expenses on last year's budget. Tape Sam Pizzarello, resident, stated his concern over an increase of 8 $390,000.00 and added that whether it is being shifted from one account to another, it is still depleting an existing account. He continued that he is disturbed because if money is taken from the General Fund, it must be replaced by taxes. He referred to a possible overexpenditure by Parks and Recreation. Mayor Kravitz closed the Public Hearing. C/M Munitz advised Mr. Pizzarello that money spent by Parks and Recreation was earmarked for that and did not affect any additional funds necessary from ad valorem purposes. He added that the money appropriated for Parks and Recreation is long past due and will now prove to be of positive use. C/M Munitz pointed out that there is no difference in the budget amount for last year and stated that these concerns will be considered with the 84-85 budget. Vice Mayor Stein MOVED for adoption of Temp. Reso. #1124. C/M Stelzer mentioned anticipated increases in revenues for last year and referred to those on page 1 of the proposed amendment. He asked that Mr. Wood confirm that and Mr. Wood did. C/M Stelzer added that these increases would take care of those expenses and will not affect the millage rate. C/M Stelzer SECONDED the Motion. C/M Dunne referred to the proposed increase and future plans for Parks and Recreation and stated that each time Parks and Recreation builds something, the General Fund will be required to maintain that facility. VOTE: ALL VOTED AYE -24- 7/11/84 /cmt 25. _City Council Expenses - Temp. Ord. #1113 Ord. #84-30 - Discussion and possible action to establish a referendum proposing an amendment to Charter Section 4.04, "Compensation and Expenses of Mayor and Council". Second Reading, as amended. SYNOPSIS OF ACTION: PASSED on Second Reading, as amended. ORDINANCE NO. 0-84- O PASSED City Attorney Henning explained that the Ordinance has been amended to remove the reference to the 50-mile radius, and distributed copies of the revised draft. He read Temp. Ord. #1113 (Ord. #84-30), by title. The City Attorney pointed out that the language has been changed on line 20, page 2 of the Ordinance, to read "within Dade, Broward and Palm Beach Counties" instead of "a 50-mile radius". City Attorney Henning referred to a previous problem in that Florida Statutes required that Referendum questions be no more than 75 words and the original Ordinance was well over 100 words. He stated that this revision solves that problem and read the question as it will appear on the ballot. Mayor Kravitz opened the Public Hearing. Sam Pizzarello, resident, stated that there has been much bad publicity on this subject and that he was sorry the subject ever came up. He expressed his hope that the matter would come to a favorable culmination. Mayor Kravitz closed the Public Hearing. Vice Mayor Stein MOVED the adoption of Temp. Ord. #1113. C/M Munitz SECONDED. VOTE: ALL VOTED AYE BOARDS AND COMMITTEES 3, Welcoming Committee - Temp. Reso. #3210 - Discussion and possible action to appoint two (2) members. SYNOPSIS OF ACTION: APPROVED nomination of Irving Schneider an Rose Popkin. (See .Pa_ge 26�- .... City Attorney Henning read Temp. Reso. #3210, by title. Mayor Kravitz advised that as liaison to that Committee, he would like to nominate Irving Schneider and Rose Popkin. Vice Mayor Stein MOVED to close nominations. C/M Dunne SECONDED. VOTE: ALL VOTED AYE 4. Recreation Board - Temp. Reso. #3207 - Discussion and possible action to appoint a member. SYNOPSIS OF ACTION: TABLED to next regular meeting. City Attorney Henning read Temp. Reso. #3207, by title. Vice Mayor Stein stated that it was his oversight in not distributing copies of an applica- tion from Gus Frost. Mayor Kravitz recommended that this be tabled in order that Council could review the application. Vice Mayor Stein MOVED to Table. C/M Dunne SECONDED. VOTE: C/M Dunne AYE C/M Munitz Absent C/M Stelzer AYE Vice Mayor Stein AYE Mayor Kravitz AYE -25- 7/11/84 /cmt 3. Welcoming Committee - Temp. Reso. #3210 - Discussion and possible action to appoint two (2) members. SYNOPSIS OF ACTION: APPROVED appointment of Irving Schneider and Rose Popkin. (See Page 25), RESOLUTION NO. R-84 ®Z/ PASSED City Attorney Henning advised Council that a vote was needed on the resolution addressed in Item 3. Vice Mayor Stein MOVED to adopt Temp. Reso. #3210 inserting the names of Irving Schneider and Rose Popkin. C/M Dunne SECONDED: VOTE: C/M Dunne AYE C/M Munitz Absent C/M Stelzer AYE Vice Mayor Stein AYE Mayor Kravitz AYE 5. Board of Social Services - Discussion and possible action on: a) Appointment of a member by Temp. Reso. #3211. b) Acceptance of resignation of Mac Meisler. c) Announcement of a vacancy on this board. SYNOPSIS OF ACTION: a) APPROURn appointment of Thelma Mansdorf with term expiring May 11, 1985; b) Accepted resig- nation of Mac Meisler; c) Announced vacancy. RESOLUTION N0. R-84 ��PASSED a) City Attorney Henning read Temp. Reso. #3211, by title. Vice Mayor Stein nominated Thelma Mansdorf and MOVED to close nominations. C/M Dunne SECONDED. VOTE: C/M Dunne AYE C/M Munitz Absent C/M Stelzer AYE Vice Mayor Stein AYE Mayor Kravitz AYE Vice Mayor Stein MOVED to adopt Temp. Reso. #3211 by inserting the name of Thelma Mansdorf. C/M Dunne SECONDED. VOTE: C/M Dunne AYE C/M Munitz Absent C/M Stelzer AYE Vice Mayor Stein AYE Mayor Kravitz AYE b) C/M Stelzer MOVED to accept the resignation of Mac Meisler. C/M Dunne SECONDED. VOTE: C/M Dunne AYE C/M Munitz Absent C/M Stelzer AYE Vice Mayor Stein AYE Mayor Kravitz AYE c) Mayor Kravitz announced a vacancy on this Board. -26- 7/11/84 /cmt LEGAL AFFAIRS 15. Vacation of Utility Easement - Temp. Ord. #1120 - Discussion and possible action to vacate a portion of a utility easement on Lot 4, Block 17 of Woodlands Section 2, Phase 1. First Reading. SYNOPSIS OF ACTION: TABLED for further clarification. City Attorney Henning read Temp. Ord. #1120, by title. Mayor Kravitz asked for the City Attorney's recommendations and the City Attorney advised that both he and C/M Stelzer have discussed this with Sam Stevens and they recommend approval. He added that this swimming pool is 7'' from the backyard line and the Code provides for 5' setbacks; therefore there would be no encroachment. He continued that this is not a variance, it is a request for vacation of the utility easement as indicated in the exhibits. The City Attorney stated that he has no objections. C/M Stelzer questioned the City Attorney regarding a portion of that easement and the City Attorney advised that letters have been received from FP&L and Southern Bell stating no objections regarding the pool. He suggested that Council could grant the request as far as the easement for the location of the pool is concerned. C/M Stelzer asked for clarifica- clarificiation that only 5' of the easement is to be vacated, and the City Attorney replied that they were requesting that 15' be left and asked Mr. Stevens if this referred to the entire strip or just the area of the pool. Mr. Stevens advised that FP&L would release the pool area but wanted to retain part of the easement. City Attorney Henning suggested that Council could deny the request or approve it with the understanding that there should be a clearer exhibit prior to the Second Reading. Vice Mayor Stein MOVED to TABLE the item. C/M Stelzer SECONDED. VOTE: C/M Dunne AYE C/M Munitz Absent C/M Stelzer AYE Vice Mayor Stein AYE Mayor Kravitz AYE BOARDS AND COMMITTEES 6. Golf FeasibilityCommittee - Discussion and possible action to reconsider establishment of this committee by Resolution 84--180 (tabled from 6/27/84). SYNOPSIS OF ACTION: No action taken. C/M Stelzer referred to the normal means of nominating and voting of Committee appointments by Resolution. He expressed his concern with this Ordinance in that appointment of members by district for a feasibility committee is politically motivated. He suggested that Council could act as a Feasibility Committee and hold Workshop Meetings on the subject. He MOVED to reconsider 84-180. Motion died for lack of a second. CONSENT AGENDA 7. Items listed under Item #7, 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 5/9/84 - Regular Meeting - Approval Recommended by City Clerk. b) Alan F. Ruf - Consulting City Attorney - 7/5/84 - $1,686.00 - Approval recommended by City Attorney. -27- 7/11/84 /cmt c) Richard S. Rubin - Consultant City Planner - Services for June, 1984 = $2,850.00 - Approval recommended by City Manager. d) Mitchell Ceasar - Grants Consultant - Expenses - 6/25/84 - $363.94 - Approval recommended by City Manager. e) Authorization for the City Manager to go to bid for copier/duplicator rental for the City Clerk's office. SYNOPSIS OF ACTION: APPROVED a) through c) and e). Removed d) for discussion with Item 13 and then APPROVED for $85.44 (disallowing $278.50). (See Pages 3, 4, and 5) Vice Mayor Stein MOVED to adopt Consent Agenda Items a) through c) and e). VOTE: C/M Dunne AYE C/M Munitz Absent C/M Stelzer AYE Vice Mayor Stein AYE Mayor Kravitz AYE LEGAL AFFAIRS 17. Administrative Variances - Temp. Ord. #1125 - Discussion and possible action to establish administrative variances and authorizing a variance under limited circumstances to be granted without a public hearing before the Board of Adjustment. First Reading. SYNOPSIS OF ACTION: TABLED for a joint meeting of the Planning Commission and the Board of Adjustment, with report to Council. Directed City Attorney to send memo to these two bodies suggesting a joint meeting to discuss the language of the Ordinance and report to Council. Directed City Attorney to include in Ordinance that Council is to be informed of any administrative variance prior to meetings. City Attorney Henning read Temp. Ord. #1125, by title. City Attorney Henning requested that Council Table this action. He explained that this Ordinance will allow for the elimination of technicalities involved with routine variances where all parties agree. He suggested that the Board of Adjustment and the Planning Commission hold a joint meeting to discuss the language of the Ordinance, with report to Council. Vice Mayor Stein suggested that the City Attorney send a copy of this Ordinance to the Planning Commission and the Board of Adjustment for comments and suggest a joint meeting of those two bodies to discuss the language of the Ordinance and report to Council. C/M Dunne asked that the Ordinance include that Council is to be informed of administrative variances prior to the meetings and the City Attorney agreed. Vice Mayor Stein MOVED to Table the item at the request of the City Attorney until the Board of Adjustment and the Planning Commission hold a joint meeting and report back to Council with their opinions and suggested changes to the Ordinance. C/M Dunne SECONDED. VOTE: C/M Dunne AYE C/M Munitz Absent C/M Stelzer AYE Vice Mayor Stein AYE Mayor Kravitz AYE -28- 7/11/84 /cmt Mayor Kravitz adjourned the meeting at 4:30 P.M., and announced that there will be a reconvened meeting. He added that notices will be sent upon scheduling. ATTEST: ��'g � � �- el�- � � `JASSISTANT CITY CLERK This public document was promulgated at a cost of $ 111 0•419 or $ //.9b per copy to inform the general public and public officers and employees about recent opinions and considerations by the Council of the City of Tamarac. -29- 7/11/84 /cmt CITY OF TAMAR LC APPROVED AT MEETING OF City Clerk d M ATTACHMENT 1 TO MINUTES OF 7/11/84 CITY COUNCIL MEETING RE: -ITEM #12-d PAGE 1__OF 2 CITY OF TAMARAC OFFICE OF THE CITY ENGINEER INTER -OFFICE MEMORANDUM M e m O TO: Laura Z. Stuurmans, City Manager From: Larry Keating, City Engineer Date : July 10, 1984 Subject: Road Resurfacing Reference: #0784-21 Pursuant to our latest discussions on this subject, the following tabulation indicates the costs of the various resurfacing projects I would recommend scheduling as soon as possible: Project 1. N. W. 50th Avenue Commercial Boulevard to Rock Island Road 2. Brookwood Boulevard McNab Road to 64th Street 3. N. W. 58th Court 72nd Avenue to 70th Terr. 4. 75th Street University Drive to 66th Terrace 5. N. W. 66th Terrace 6. N. W. 68th Avenue 7. N. W. 69th Avenue 8.' N. W. 70th Terrace 9. N. W. 72nd Terrace 10. N. W. 71st Avenue 11. N. W. 72nd Avenue Preparation Resurfacing Costs Costs By Public Works By County Contractor $ 4,000 $13,000 3,000 7,500 2,500 3,500 8,000 16,000 600 2,100 3,000 51000 800 4,500 3,000 2,100 2,000 1,100 3,000 2,500 1,000 2,500 POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS/' AN EQUAL OPPORTUNITY EMPLOYER -30- 7/11/84 /cmt M ATTACHMENT 1 - FAGE 2 OF 2 Laura Z. Stuurmans June 11, 1984 Road Resurfacing #0684-21 Page Two Project 12. N. W. 73rd Avenue 1.3. N. W. 70th Court 14. N. W. 70th Street 15. N. W. 71st Court 16. N. W. 71st Street 17. N. W. 72nd Street 18. N. W. 73rd Street 19. N. W. 75th Court 20. N. W. 75th Street 21. Boulevards TOTALS Preparation Resurfacing Costs Costs By Public Works By County Contractor $ 4,500 $ 5,500 2,500 2,500 2,000 3,000 2,500 3,000 2,500 3,000 2,500 3,000 2,000 4,000 3,500 3,500 2,000 1,000 12,000 49,000 $66,900 $137,300 it is my recommendation that Council approve this list of projects with funds to be taken from the street resurfacing Phase II fund which has current balance of $32,853 supplemented by a transfer of $172,200 from the Capital Reserve Fund as indicated on the attached budget amendment which also needs to be approved by Council. Please contact me if you have any question regarding the above. LJK/brs cc: Mayor and Council Steve Wood City Clerk t✓ Public Works Director 't, - .--M--- awrenc J. eating POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS/ AN EQUAL OPPORTUNITY EMPLOYER -31- 7/11/84 /cmt ATTACHMENT 2 TO MTNU'TES OF 7/11/84 CITY COITNCIL MEETING 7/11/84 RE: ITEM #12- e Date: b 3" BUDGET AMENDMENT z move that $ .2� from line item cc unt a number b���! r��' 2 of the budget named (--,4P/T7(_ be transferred to line item account number ),d rnxN �Af,-,kL named 101tgx JT AA JO The balance in the account from which the monies are transferred was $ �,�y9a`s`i prior to the transfer and subsequent to the transfer. The amount of money in the account to which the monies are to be transferred was S 3 a �G} SI � prior to the transfer and S �,Ct�J .�i n,) subsequent to the transfer. J2- 7/11/84 /cme J ATTACHMENT 3 TO MINUTES OF 7/11/84 CITY COUNCIL MEETING 7/11/84 RE: 51- 24 CITY OF TAMARAC, FLORIDA CITY COUNCIL NOTICE OF PUBLIC HEARING PLEASE BE ADVISED THAT THE TAMARAC CITY COUNCIL WILL HOLD A PUBLIC HEARING ON WEDNESDAY, JULY 11, 1984 AT OR AFTER 2:00 P.M., IN COUNCIL CHAMBERS AT CITY HALL, 5811 N. W. 88TH AVENUE, TAMARAC, FLORIDA, REGARDING AN AMENDMENT TO THE GENERAL FUND BUDGET FISCAL YEAR 1983/84. A summary of the Proposed Amendment is as f0110ws: REVENUES Adopted Promo o_sed $1,838,325 $1,838,325 Ad Valorem 0 0 Interest on Tax Distribution 0 0 Prior Year - Personal Property 0 0 County Held Tax Certificate 0 0 Good Faith County 0 0 Delinquent Ad Valorem 675,000 675,000- Sales and Use Taxes 1,1001000 1,150,000 Franchise Tax - Electric 37,000 45,000 Franchise Tax - Telephone 25,000 25,000 Franchise Tax CATV 35,000 42,000 Franchise Tax - Solid Waste 1,000 1,000 Newspaper Collection 100,000 115,000 Burglar Alarm Permits & Fee 190,000 205,000 Occupational Licenses 500,000 500,000 Building Permits 12,000 12,000 Aquatic Weed Control, 75,000 75,000 Cigarette Tax 863,000 863,000 State Revenue Sharing 13,500 13,500 Alcoholic Beverage License 0 0 Homestead Exemption 0 0 Firefighter Supp. Compensation 9,000 9,000 Gas Rebate City Vehicle 0 55,000 County Road & Bridge Tax 55,000 55,000 County Occupational License 252,000 252,000 Local Option Gas Tax 0 0 Candidate Filing Fees 90,000 90,000 Protective Inspection Fees 55,000 55,000. Ambulance Fees 32,000 32,000 Police Special Detail Fees 4,500 4,500 Parking Lot - City 22,000 22,000 Parks & Rec. Prog. Act. Fees 10,000 10,000 Summer Recreation 90,000 120,000 Interim Service Fees Engineering Fees Unrestricted 250,000 330,000 Planning Fees and Revenues 75,000 0 100,000 15,000 Lot Clearing 12,000 12,000 Parking Violations 140,000 140,000 Fines & Forfeitures (Count 12,000 12,000 Police General & Misc. 0 0 Sale of Confiscated Items 50,000 50,000 Miscellaneous Revenue 0 0 Recycle Oil Sales 0 0 Collection on City Disp. 0 0 Telephone Commissions 0 0 Proceeds from Insurance Claims 270,000 360,000 Interest Income 0 0 Revenue from Sale of Surplus 1,888,394 1,888,394 Appropriated Fund Balance 0^ Receipts Tran in DP Utilities East 0 Tran. in Vehicle Maintenance -Utilities West 71,300 �- � 5:5,OC321,000 Receipts from City Hall Renovation 551000 21,000 Receipt from Drainage Improvement 85,500 85,500 Receipt from Parks and Recreation 8,800 8,800 Receipt from Capital Construction Drainage 5,000 Receipt from Sidewalk Project 5,000 PAGE 1 OF 2 a _ 7 / 11-/-8-L _ _ /Cmt REVENUES Continued Adopted Proposed Receipt from Street Resurfacing $ 2,800 S 2,800 Receipts Tran. in Capital Reserve 76,500 76,500 80,000 Tran. in Administrative Service Utilities West 80,000 In Lieu of Tax Utilities East 7,260 7,260 Receipts Tran. in DP Utilities West 0 153,000 0 153,000 In Lieu of Tax Utilities West 5,400 5,400 Receipt from Lease Escrow TOTAL $9,353,279 $9 743 279 EXPENDITURES As Amended Proposed $ 122,628 $ 129,168 Legislative 168,196 168,196 City Attorney 0 0 Community Development 138,617 139,917. City Manager 291,110 306,110 City Clerk 248,997 262,907 Finance Public Works Administration 241,916 241,916 Public Works Buildings & Grounds 245,310 245,310 323,270 Public Works - Streets Division 305,730 264,468 264,468 Public Works Vehicle Maintenance 241,284 241,284 City Engineer 350 350 Beautification Committee 900 2,460 Planning Board 10,520 18,480 Charter Board 400 400 Board of Adjustment 3,550 3,550 Public Information Board *Sun 25,301 25,301 Debt Serv. 1500 Gal. Pumper 29,824 29,824 Debt Serv. Aerial Trk. *Suniland 25,620 25,620 Debt Serv. Fire Station #2 *Sun *NCNB 70,206 70,206 Debt Serv. GOB City Hall 146,000 146,000 Finance - Insurance 140,152 140,152 Personnel 518,500 567,500 General Administrative 2,959,380 3,002,455 Police 1,326,786 1,326,786, Fire Department Building & Community Development 531,033 564,843 Welcoming Committee 700 -;50 700 450 Consumer Affairs Board 725,000 760,000 Sanitation Services 0 0 Public Works - Sts., Drains, Grounds 0 Public Works - Canals 0 14,300 14,300 Social Services Board 253,451 292,891 Recreation 152,600 278,465 Contingency 150,000 150,000 Capital Reserve 0 0 Inventory Clearing TOTAL $9,353,27.9 G Pursuant to Section 286,0105, Florida Statutes It a person deaths to appeal any dec;sion made by the city Council wish respect to ary matter considered at such meeting or hearing, ha will rsed a record of the p►o.ae:ings and for such purpose, he may nead to ensure that a verbatim record includes Carol A. Evans, Asst. City Clerk the testimony and evidence upon which the appeal is to be based. PUBLISH: Fort Lauderdale News/Sun Sentinel Wednesday, June 27, 1984 Wednesday, July 4, 1984 PAGE 2 OF 2 -34-- 7/11/84 /cmt MAIL REPLY TO: P.O. SOX 25010 TAMARAC, FLORIDA 33320 5811 NORTHWEST 88TH AVENUE TAMARAC, FLORIDA 33321 TELEPHONE (305) 722-5900 July 12, 1984 NOTICE OF RECONVENED CITY COUNCIL MEETING There will be a Reconvened City Council Meeting on.Monday, July 16, 1984 at 9:00 A.M. in the Council Chambers of City Hall, 5811 NW 88 Avenue, Tamarac, Florida. The items remaining from the Council Agenda of July 11, 1984 to be considered are as follows: 14. Broward League of Cities Business - Discussion and possible action. 15. Vacation of Utility Easement - Temp. Ord. #1120 - discussion and possible action to vacate a portion of a utility easement on Lot 4, Block 17 of Woodlands Section 2, Phase 1. First Reading. (Reconsideration by Council of the tabling action on 7/11/84 pursuant to updated Exhibit A attached to Temp. Ord. #1120). 16. Objects in Swales - Temp. Ord. #1086 - Discussion and possible action to amend Ordinance 83-37 and Chapter 23 of the Code regarding placement of certain objects within the Swale area. Second Reading. (Public Hearing held 1/25/84). 18. Employee Pension Plan - Temp. Ord. #1126 - Discussion and possible action to amend the Pension Plan and codify the earlier ordinances that established this plan for all employees. First Reading. 34. Northwood II - Model Sales Facility - Discussion and possible action to renew a model sales permit and waiver of the 300-foot distance requirement for certificates of occupancy. 35. Patio Homes at Fairmont - Model Sales Facility - Discussion and possible action to renew a model sales permit. 38. Draina e Im rovements in the City - Discussion and possible action. 39. City Council Reports 40. City Manager Report 41. City Attorney Report The City Council may consider and act upon such other business as may come before it. The public is invited to attend. 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 includes the testimony and evidence upon which the appeal is to be based. Ce2 Ca of A. Evans Assistant City Clerk 11 Oir rqM.. u n •��OR10P P.O. Box 25010 - TAMARAC, FLORIDA 33320 FIRST CLASS MAIL CITY OF TAMARAC, FLORIDA CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY. JULY 11. 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. BOARDS AND COMMITTEES 1. Board of Adjustment - Temp. Reso. #3208 - Discussion and pos- sible action to appoint two (2) regular and two (2) alternate members. 2. Law Advisory Committee - Temp. Reso. #3209 - Discussion and possible action to appoint five (5) members. 3. Welcoming Committee - Temp. Reso. #3210 - Discussion and pos- sible action to appoint two (2) members. 4. Recreation Board - Temp. Reso. #3207 - Discussion and pos- sible action to appoint a member. 5. Board of Social Services - Discussion and possible action on: a) Appointment of a member by Temp. Reso. #3211. b) Acceptance of resignation of Mac Meisler. c) Announcement of a vacancy on this board. If anyone is interested in serving on this board, please contact the City Clerk's office for an application. 6. Golf Feasibility Committee - Discussion and possible action to reconsider establishment of this committee by Resolution 84-180 (tabled from 6/27/84). CONSENT AGENDA 7. Items listed under Item #7, 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 5/9/84 - Regular Meeting - Approval recommend- ed by City Clerk. b) Alan F. Ruf - Consulting City Attorney - 7/5/84 - $1,686.00 - Approval recommended by City Attorney. c) Richard S. Rubin - Consultant City Planner - Services for June, 1984 - $2,850.00 - Approval recommended by City Manager. 7/11/84 - Pg. 16 Appointed William Danyluck & James Kane reg mbrs to 7/8/87; & Joseph Lubin & Eugene Barkin aft mbrs to 7/8/85. 7/11/84 - Pg. 16 TABLED to next .J . 7 11/84-P.25&26 Appointed Rase Popkin & Irving Schneider. 7 11 84 - Pg.25 TABLED next m 7/11/84 - Pg. 26 a)Appntd Thelma Mansdorf; b) Accepted; c) Announced yLcna. 7/11/84 - Pg. 27 No action taken. 7/11/84 - P.27&28 APPROVED a) thru c) and e) . Removed d) for discussion with Item 13 & then APPROVED for $85.44. (See Pages 3,4,&5). 7­7 L_ .� PAGE TWO d) Mitchell Ceasar - Grants Consultant - Expenses - 6/25/84 - $363.94 -- Approval recommended by City Manager. e) Authorization for the City Manager to go to bid for copier/ duplicator rental for the City Clerk's office. GENERAL ADMINISTRATION/FINANCIAL 8. Personnel Director - Discussion and possible action regard- ing recommendation of City Manager to conclude the probation ary period of Larry Perretti based upon completion of seven (7) months satisfactory service. 9. Relocation of Water and Sewer Lines - Discussion and possibl( action on invoices from Broward County on relocation of utility lines for the following projects: a) Commercial Boulevard, between the Florida Turnpike and NW 61 Avenue. b) Commercial Boulevard, between the Florida Turnpike and State Road 7. c) McNab Road, between University Drive and the East City limits. 10. Tract 27 Park - Discussion and possible action to approve the Master Site Plan. 11. Tamarac Park - Discussion and possible action to finalize location of Recreation Building. 12. Street Resurfacing Projects - Discussion and possible action on: a) NW 61 Street from NW 84 Terrace east to canal. b) Brookwood Boulevard (northbound lanes) from McNab Road to NW 64 Court. c) Boulevards - NW 53, 54 and 55 Streets and NW 23 and 27 Avenues tabled from 2/9/83 and 6/13/84). ) Approval of �ior}t list ( end'zed by Consent). e) Afpsroval of -Line it�m trans�rs �A endued b� Consent). 13. Gran - Status report by Mitch Ceasar, rants Consultant. Discussion and possible action. 14. Broward League of Cities Business - Discussion and possible action. - -- LEGAL AFFAIRS 15. Vacation of Utility Easement - Temp. Ord. #1120 - Dis- cussion and possible action to vacate a portion of a utility easement on Lot 4, Block 17 of Woodlands Section 2, Phase 1. First Reading. 16. Objects in Swales - Temp. Ord. #1086 - Discussion and pos- sible action to amend Ordinance 83-37 and Chapter 23 of the Code regarding placement of certain objects within the swale area. Second Reading. (Public Hearing held 1/25/84). 17. Administrative Variances - Temp. Ord. #1125 - Discussion and possible action to establish administrative variances and authorizing a variance under limited circumstances to be granted without a public hearing before the Board of Adjustment. First Reading. 18. Employee Pension Plan - Temp. Ord. #1126 - Discussion and possible action to amend the Pension Plan and codify the earlier ordinances that established this plan for all employees. First Reading. 7/11/84 - Pg.10 TABLED to next meeting. 7/11/84-Pg. 9 APPROVED staff recndation for payment. 7/11/84-Pg.6 APPROVED as 7/11/84 - Pg. 5 APPROVED subj tc Recr Cmte apprvl b next mtg. 7 11 84-Pg.7&8 REMOVED a),b) and c); ADDED d) and e); then APPROVED. 7/11/84 - Pg. 3 Re ortgiven. 71684-Pg. 1 Report given by Ma or Kravitz. 7/11/84 - Pg.27 TABLED. 7/16/84-Pg. 1 Reconsidered; then APPROVED on First Read- ing. 7/16/84-Pg. 2 TABLED to 7/25/84. 7/11/84 -Pg.28 TABLED for Jnt Mtg of Ping Coma & Bd of Adj. 7/16/84-Pg. 3 APPROVED on First Reading. C/Atty to send memo to Council re changes. M 11. mm 19. Rezoning of Recreational_ Land by Referendum - Temp. Ord_. #1127 - Discussion and possible action to delete Section 12.07, "Recreational Land Use Referendums", from the City Charter pursuant to Section 166.031(5) of Florida Statutes and Court Order. First Reading. 20. Land Section 7 - Discussion and possible action to authorize the appropriate City officials to negotiate the possible purchase of a parcel of land in Land Section 7 to be used for utility purposes. PUBLIC HEARINGS - 2:00 P.M. 21. Bruce Egan - Rezoning_Petition #19-Z-84 - Temp. Ord. #1121 - Discussion and possible action to rezone the lands at the southeast corner of University Drive and NW 64 Street from R-3 (Low Density Multiple Dwelling) to B-2 (Planned Business utilizing the 5% flexibility rule for commercial develop- ment in residential land use area not to exceed 10 acres. First Reading. a) Acceptance of Affidavit of Publication, Affidavit of Mailing and Affidavit of Posting. b) Consideration of application. 22. Lennar Homes, Inc. - Rezoning Petition #20-Z-84 - Temp. Ord. #1122 - Discussion and possible action to rezone the lands to be used as the Recreation Parcel for the proposed sub- division to be known as Belfort and situated approximately 350-feet east of Nob Hill Road and north of Westwood Drive from R-3U (Row Houses) to S-1 (Open Space/Recreational). First Reading. a) Acceptance of Affidavit of Publication, Affidavit of Mailing and Affidavit of Posting. b) Consideration of application. 23. Carl Trau er Enterprises, Inc. - Rezoning Petition #21-Z-84- Temp. Ord. #1123 - Discussion and possible action to rezone the lands at the southeast corner of NW 94 Avenue and NW 77 Street from R-3 (Low Density Multiple Dwelling) to R-5 (Motel/Hotel District) to allow development of the property as a retirement resort. First Reading. a) Acceptance of Affidavit of Publication, Affidavit of Mailing and Affidavit of Posting. b) Consideration of application. 24. Budget Amendment - Temp. Ord. #1124 - Discussion and pos- sible action to amend the General Fund Budget for Fiscal Year 1983/84. First Reading. 25. City Council Expenses - Temp. Ord. #1113 (Ord. 484-30) - Discussion and possible action to establish a referendum proposing an amendment to Charter Section 4.04, "Compensa- tion and Expenses of Mayor and Council". Second Reading, as amended. COMMUNITY DEVELOPMENT 26. Sands Point Condo IV, Inc. - Revised Site Plan - Temp.Reso. #3204 - Discussion and possible action on a revised site plan for revisions to traffic flow (tabled from 6/27/84). 27. University Community Hospital_ - Revised Site Plan - Temp. Reso. #3212 - Discussion and possible action on a revised site plan for revisions to the northwest corner of the employee parking lot, utility building, patio area, walks and picnic table additions. THREE 7/11/84-Pg. 10 APPROVED on First Reading. /11/84 - Pg. 1 Consltg C/Atty authd to formu- late plan for next reg mtg. 1/11/84-Pg.18,19, & 20. PH held. Petitioner withdrew appli- cation. 7/11/84 - Pg.20 ACCEPTED a); APPROVED b) on First Reading. P.H. held. 7/11/84 - Pg.21, 22 & 23. PH held. ACCEPTED a); DENIED b). 7/11/84 - Pg. 24 P.H. held. APPROVED as amended & made add'l chances. 7/11/84 - Pg.25 PASSED on Second Reading. P.H. held. 7/11/84-P.11&12 APPROVED as amended, with condition for add'1 stop signs. 7/11/84 - Pg.13 APPROVED, subj to Staff reconr mendations. PAGE I 28. University Electric/Foster Warehouse - Discussion and pos- sible action on: a) Site Plan - Temp. Reso. #3213 b) Landscape Plan c) Water and Sewer Developers Agreement d) Water Retention Agreement e) Hold Harmless Agreement (to be located on the 5300 block of NW 22 Avenue) 29. Woodlands Day School - Discussion and possible action on: a) Site Plan - Temp. Reso. #3214 b) Landscape Plan c) Water and Sewer Developers Agreement d) Water Retention Agreement e) Canal Maintenance Easement - Temp. Reso. #3215 (to be located on the east side of NW 70 Avenue, just south of the residential/commercial building). 30. Family Mart - Revise cussion and possible storage enclosure at Site Plan - Temp. Reso. #3217 - Dis- action on a revised site plan for a the rear. 31. Pool Mart of Florida, Inc. - Discussion and possible action on: a) Site Plan - Temp. Reso. #3216 b) Landscape Plan c) Water Retention Agreement (to be located at the southwest corner of Commerical Boule- vard and NW 38 Terrace) FOUR 7/1l/84-P.13&14 APPROVED a) through e). 7/11/84 - Pg.14 TABLED to 7/25 at Applicant's request. 7/11/84 - Pg. 14 APPROVED subject to conditions. -//11/84 - P.15, 17 & 18. TABLED; reconsidered; & then APPROVED a) and c) ; APPROVED b) subject to Staff recnda- tions & agreement by applicant. 32. Westview at Colony West - Parcel L - Site Plan - Temp. '%j11184 Pg. 15 Reso. #3073 - Discussion and possible action to extend TABLED for fees approval of the final site plan (tabled from 3/28/84). due. 7711784 - Pg.1&17 33. Woodmont Tract _ 72-C ( Pineapple Park) - Model Sales Facility- Added b) ; APPRk;9D a)Discussion and possible action to renew a model sales permit a) & b). b)Reguest for Sign Waiver - Temp._ Reso. #3219 (Agendized by Consent). 34. Northwood e II - Mo Sales Facility - Discussion and pos- 8 - Pg. 3 sible action to renew a model sales permit and waiver of APPROVED for 6 the 300-foot distance requirement for certificates of months to occupancy. 1/14/85. 716 84-Pg. 4 35. Patio Homes at Fairmont - Model Sales Facility - Discussion TABLED to and possible action to renew a model sales permit. 7/25/84. 71184-Pg. 9 36. Tamarac Gardens -- Model Sales Facility - Discussion and pos- APPROVED for 6 sible action to renew a model sales permit. mos to 7/27/84. 7 11 84-Pg. 8 37. Ashmont/Kin s Point - Discussion and possible action on: APPROVED a) a) Renewal of permit for the use of a model sales facility and b). at another location. b) Release of a warranty bond posted for the water distri- bution system -- Temp. Reso. #3218. 7/16/84 - Pg. 4 No complaints; 38. Drainage Improvements in the City - Discussion and possible C/Manager to action. check further re clean-up work after developers complete project, at no cost to Cit M PAGE ,FIVE RFDnP T'C 39. City Council 40. City Manager 41. City Attorney 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 Carol A. Evans Assistant City Clerk 42. Settlement of INA - Woodnont Country Club - Fire Lawsuit - Discussion and possible action (Agendized by Consent). Following are the residential and commercial zoning districts in the City: R-1 - Single Family Residence B-2 - Planned Community Business R-lB & B-3 - General Business R-lC - One -Family Dwelling B-5 - Limited Business District R-2 - Two -Family Dwelling B-6 - Business District RD-7 - Two -Family Dwelling S-1 - Open Space/Recreational R-3U - Row House I-1 - Institutional R-3 - Low Density Multiple Dwelling M-1 - Light Industrial RM-5 - Residential Multi -Family M-2 - Medium Industrial Dwelling A-1 - Limited Agricultural RM-10 - Planned Apartment A-5 - Agricultural/Excavation R-4A - Planned Apartment T-1 - Trailer Park District R-5 - Motel/Hotel B-1 - Neighborhood Business /16/84 - Pg.4&5 opts by C/M telzer & Dunne; /M Stein; & [ or Kravitz. 16 84 - Pg. 6 report given. 16 84 - Pg. 6 Mort given. 7/16/84 - Pg.7&8 Ruth C/Atty to arrange settlmnt, & advise Council of status at 7/18 Pre-Acrenda Mtcr. CITY OF TAMARAC, FLORIDA REGULAR CITY COUNCIL MEETING JULY 11, 1984 Tape CALL TO ORDER: Mayor Philip B. Kravitz called the meeting to order l on Wednesday, July 11, 1984, at 9:00 A.M., in the Council Chambers. ROLL CALL: PRESENT: Mayor Philip B. Kravitz Vice Mayor Sydney M. Stein Councilman Jack Stelzer Councilman Raymond J. Munitz Councilman John J. Dunne ALSO PRESENT: City Manager, Laura Z. Stuurmans City Attorney, Jon Henning Assistant City Clerk, Carol A. Evans Secretary, Carol Thrasher MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Kravitz called for a Moment of Silent Meditation followed by the Pledge of Allegiance. 7d) Mitchell Ceasar - Grants Consultant - Expenses - 6/25/84 $363.94 - Approval recommended by City Manager. SYNOPSIS OF ACTION: Removed for discussion with Item 13. (See Pages 4, 55 &28) C/M Munitz asked that Consent Agenda Item 7d) be removed for discussion with Item 13 and the Mayor agreed. 33b). Woodmont Tract 72-C (Pineapple Park) - Discussion and possible action on a request tor -sign waiver for a temporary announcing sign at the NE Corner of NW 80 Avenue and NW 70 Street - Temp. Reso. #3219. SYNOPSIS OF ACTION: Agendized by Consent (See Page 17) Vice Mayor Stein MOVED to Agendize by Consent an item requesting waiver for a sign by Pineapple Park. He added that the Chairperson of the Beautification Committee did not get this to the City Clerk's Office in time for approval at the Pre -Agenda Meeting; however, that Committee feels that this would be an additional hardship to hold for a future meeting. C/M Dunne SECONDED. VOTE: ALL VOTED AYE C/M Stelzer pointed out that this was not an emergency, but he agreed with the hardship. He suggested that the item be considered as Item #33b), and the Mayor agreed. The Assistant City Clerk stated that the developer has asked for a specific time to have representation here, and Mayor Kravitz advised it could be heard at 1:30 P.M. LEGAL AFFAIRS 20. Land Section 7 - Discussion and possible action to authorize the appropriate City officials to negotiate the possible purchase of a parcel of land in Land Section 7 to be used for utility purposes. SYNOPSIS OF ACTION: Council authorized Consulting City Attorney Alan Ruf to consult with the City Engineer to formulate a plan to be proposed at the next regular City Council Meeting. -1- 7/11/84 /cmt J Consulting City Attorney Alan Ruf referred to his memo to Council dated July 6th, which indicated that if the City is to do the spray irrigation system for wastewater disposal, an integral part of that system would be storage areas for treated wastewater. He stated that the engineer's conclusions included a need for approximately 40 acres of land and the City Attorney's Office is trying to find those acres at a reasonable price. He advised that they are negotiating on the parcel that is marked with an "X" on the map attached to his memo and added that it is located north of the half section line adjacent to the east of the proposed Sawgrass Expressway. Mr. Ruf displayed maps and stated that the map on the left is the north half of Land Section 7 and the map on the right is both halves. He pointed out a parcel on the right which is also being discussed as a possible purchase, which is approximately 65 acres, 10 acres of which will be taken for the Expressway, leaving 55 acres bounding the Express- way on the west and the half section line on the west. He advised that this land has two owners, one of which is Mini -Mart Corporation with _..which the City has had a recent litigation. Mr. Ruf advised that the parcel on the left is presently in litigation which is scheduled for trial in late July, and the owner George May has offered to sell 38 acres in that tract for $16,000.00 per acre, with the actual lines to be determined at a later time. He added that the second part of Mr. May's offer is that he be left with 15 acres zoned for office park use. Mr. Ruf stated that the City Attorney advises that this is probably not possible because of a canal running the entire length from east to west in the mid section of that parcel, which he believes has been built there as a separation line between the proposed office and storage areas and the residential areas. Mr. Ruf advised that if Council does not concur with moving the canal, he will negotiate with the owner to offer residential zoning; or the City will lose the deal. Vice Mayor Stein asked Mr. Ruf if he had explored the possibility of jogging the canal. City Attorney Henning clarified that the canal had not yet been built but it is anticipated to be 120-feet wide and he does not believe that a canal of this width can be effectively jogged because of erosion. He suggested that Mr. Ruf consult with the engineers regarding the possibility of curving the canal and Mr. Ruf agreed that if Council wishes to pursue this purchase, he will consult with the engineers. He added that the land appraiser advised that this land is escalating rapidly because of the proposed Sawgrass Expressway and $16,000.00 per acre is an extremely reasonable price. The Vice Mayor agreed that once the Expressway is built and further development is considered, it could be too late for this price, therefore now is the time to purchase. He continued that about 5 acres is going to be needed for public. works pure-o-ses_and from this purchase could be used for that purpose. The Vice Mayor suggested that Mr. Ruf work with the City Engineer on a workable plan to present to Council for authorization to continue. C/M Munitz asked if this land was to be zoned for residential under the Land Use Plan for Land Section 7. When Mr. Ruf said yes, C/M Munitz asked if the City would be sacrificing any of the 1,526 residential units by that purchase and the City Attorney confirmed. C/M Munitz stated that Council had semi -officially adopted the outline of Land Section 7 and asked what effect this purchase would have on that Plan. The City Attorney replied that the north half could be residential or non-office/business and the south half could be office/business. He continued that the units could be transferred east or north to maintain the full density and he believes that Mr. Rubin would agree to this. C/M Munitz asked what would happen to the value of those residential properties and the City Attorney replied that they were not prepared to answer that. -2- 7/11/84 /cmt ___ The Vice Mayor stated that there is no need to discuss these subjects until there is a workable plan developed and he MOVED to authorize Mr. Ruf to consult with the City Engineer and report to Council at the next meeting with a plan acceptable to the seller. C/M Munitz SECONDED. C/M Stelzer agreed that the purchase would be worthwhile because even if the City does not use the land for these purposes, the City could get their money back by selling the residential units. C/M Dunne agreed to pursue the purchase. VOTE: ALL VOTED AYE GENERAL ADMINISTRATION/FINANCIAL 13. Grants - Status report by Mitch Ceasar, Grants Consultant. Discussion and possible action. SYNOPSIS OF ACTION: Report by Mr. Ceasar. Mitch Ceasar, Grants Consultant, reported status on projects as follows: 1. Reali nment of NW 61st St, University Drive - Mr. Ceasar reported that Council/Liaison Vice Mayor Stein asked that he research the status and the reason for delay on this project and Mr. Ceasar contacted County Commissioner Craft who agendized the item at County level. He added that the item has been resolved and the contract has been drawn and signed by Nicki Grossman. City Attorney Henning advised that he has that contract and it is ready for execution. Mr. Ceasar reported that there is a minor technical problem with FP&L and construction will begin when that is resolved. Mr. Ceasar estimated that construction will begin next week. 2. Situation at University Drive & 78th Street - Mr. Ceasar reported that the traffic signal device which Woodmont has paid for has been installed, but has never been turned on. Upon checking with County Staff and Commis- sioner Craft, Mr. Ceasar found that this is being investigated. He stated that there is a problem with DOT as they claim to have checked traffic flows and it does not warrant the light. He added that the delay is because the Commissioners moved from the County Courthouse to the Burdine Building this week and everybody is in transit. Mr. Ceasar reported that hopefully that will be resolved,with the County acting on Tamarac's behalf with the DOT. 3. Expansion of University Drive - Mr. Ceasar reported that the project is progressing and referred to previous reports of trying to find the money that is needed as well as money that has been set aside for other projects that could be transferred, much the same as they did with the Bike Path for the design. He added that in the meantime the construction phase is continuing. Mr. Ceasar quoted portions of a letter from the Transportation Planning Division through its Director to Commissioner Craft regarding .the University Drive segment from Commercial to Southgate, which states that this segment of roadway carries between 35,000 and 38,000 vehicles per day and the 4-lane divided facility as it is now can accommo- date 27,000 vehicles per day. Mr. Ceasar said that it has been confirmed that Florida DOT has rescheduled resurfacing for FY86-87 at a cost of $670,000.00. He continued that the letter also discussed the possibility of transferring those funds to the expansion project, and Florida DOT has asked County Staff to develop a plan for joint cooperative improvement of University Drive. He added that the letter states that Florida DOT has agreed, to the extent possible, to defer the resurfacing project within the 5-year plan. Mr. Ceasar reported that memos on these projects will be submitted to the City. C/M Stelzer asked if the traffic light at 78th and University is for the left turn onto Woodmont from the northbound section and Vice Mayor Stein agreed. C/M Stelzer advised that earlier this year he attended a meeting at the Elementary School where a new count was discussed because the count did not include those cars making U-turns to get into the Park. He added that Mr. Keating has a response to his letter to DOT on this subject and there _is a question of a northerly entrance to the school at Bonaire. -3- 7/11/84 /rJnt v� -A CONSENT AGENDA 7d). Mitchell Ceasar - Grants Consultant - Expenses - 6/25/84 - $363.94 - Approval recommended by City Manager. SYNOPSIS OF ACTION: Removed from Consent Agenda. Approved for payment of $85.44 (disallowing $278.50). (See Pages 1 & 28) C/M Munitz asked Mr. Ceasar what part he played with regard to the Utility Grant in order to clarify items on Mr. Ceasar's bill for discussion and luncheons in Tallahassee in reference to that Grant. Mr. Ceasar stated that sometime after the Utility Grant process had begun, he was asked to make a presentation on the monthly Grant report. He continued that at the Council meeting for that presentation, Williams, Hatfield & Stoner were there and Mr. Ceasar offered his assistance on that Grant and was told that they would let him know. He continued that a short time thereafter he was told that his assistance was not necessary because it was a technical grant and basically they did not want a nontechnical expert involved. C/M Munitz asked for clarification that Williams, Hatfield & Stoner told Mr. Ceasar not to participate and Mr. Ceasar confirmed that, adding that the City Manager told him to follow that lead. C/M Munitz asked Mr. Ceasar if he was comfortable with that since this was a major portion of something the City would be faced with for many years to come, and if he felt as a Grantsman he should do nothing because of that direction. Mr. Ceasar stated that as a professional, he had no reservations in doing what he was told, after it was explained to him by the expert hired by Council and told by the City Manager to do nothing unless he heard otherwise. He continued that he heard nothing different from Council at that time and if he is instructed by a superior not to participate, then he will not participate. C/M Munitz asked Mr. Ceasar if he should not have reported these facts to Council and Mr. Ceasar stated that he assumed that Council was aware of those directions to him. C/M Stelzer stated that he believes Council did know about this. He added that if the City Manager and the Consultant Engineers specifically asked Mr. Ceasar not to participate, the Council would have been aware of it and he suggested that the minutes of past meetings be researched for this. Mr. Ceasar stated that if this had been a Grant that the City was pursuing, of which he was knowledgeable, and was told nothing either way and still did not come forward-, then -there might be a question. He continued that in this case he was specifically told not to participate. The City Attorney added that Mr. Ceasar was asked to assist when the Mayor and the Vice Mayor made their trip to Tallahassee and C/M Munitz stated that he was aware of that. However, C/M Munitz denied that Council knew of this instruction and C/M Stelzer advised that he was referring to the previous Council since these negotiations started some time ago. Vice Mayor Stein questioned the validity of several items on Mr. Ceasar's bill because Mr. Ceasar was already in Tallahassee when asked by the Vice Mayor to remain to assist with their trip. He specifically questioned the $205.00 air fare and the taxi to the airport. Mr. Ceasar stated that this was designated as a Tamarac trip and he stayed over at the request of the Vice Mayor. The Vice Mayor asked Mr. Ceasar if these charges would have been billed to Tamarac if he had not been asked to stay over and Mr. Ceasar Tape stated no, advising that Council could remove the items they desired. 2 The Vice Mayor advised that he sees no reason for the City to pay the air fare of $205.00, the hotel bill of $64.50, or the airport parking of $9.00 and he MOVED that the remainder be paid. C/M Munitz asked the Vice Mayor for clarification that the bill was to be reduced by $278.50 and the balance of $85.44 be paid and the Vice Mayor confirmed. -4- 7/11/84 /cmt Mr. Ceasar asked that he be given an itemization of those amounts approved along with the check and the Mayor agreed. C/M Munitz SECONDED. VOTE: C/M Dunne AYE C/M Munitz AYE C/M Stelzer NAY Vice Mayor Stein AYE Mayor Kravitz AYE City Attorney Henning asked for clarification that the airfare, the hotel and the parking were disallowed and the cab and the food were allowed. The Mayor confirmed that. 11. Tamarac Park - Discussion and possible action to finalize location of Recreation Building. SYNOPSIS OF ACTION: Approved the plan subject to the Recreation Committee's approval, which the Recreation Director was instructed to obtain, in writing, prior to the .text regular Council Meeting. Recreation Director Sharon Ellis reported that this item was agendized by request of the Consultant City Planner Richard Rubin. She stated that the City has been negotiating with the School Board on the use of school property for this building; however, that Board was not receptive to that recommendation. She added that the Parks & Recreation Department and the Building Department recommend that the location be at Tamarac Park where the playground apparatus is currently placed and moving that apparatus to another location in the Park. She pointed out that the location is approximately 10 or 15 feet north of the original location and that nothing else has changed. Mayor Kravitz asked if the Parks & Recreation Board had reviewed this and Ms. Ellis stated that they had been advised but there has been no meeting yet. She added that at this point there is no other choice for the loca- tion. C/M Stelzer asked where the tot lot would be placed and Ms. Ellis advised that it would be relocated into the picnic area on the western portion where the jogging fitness trail was installed and would be more accessible to school children during school hours. The Mayor agreed that there is no other choice and asked if the Recreation Director recommended approval. Chief Building Official Sam Stevens stated that it is the most logical location and Ms. Ellis agreed. C/M Stelzer MOVED to accept the site plan based on the recommendation of the Recreation Director, subject to approval of the Committee. C/M Munitz SECONDED. Melanie Reynolds stated her disappointment in settling for a building that is not adequate after waiting so long and asked if Council could not stop the building of this smaller facility. She advised that there is $1.5Million in the Recreation fund and the City is not buying any parks. She referred to several locations that had been planned for parks that are now designated for other uses and asked why the City can't have a proper Recreation building with proper facilities. She asked if this could be placed on referendum this fall to have a better Recreation building and use that money. Vickie Beech suggested that Council review this item further and wait for the Committee's input and approval. -5- 7/11/84 /cmt J City Attorney Henning pointed out that nothing has changed but the loca- tion of the building. C/M Dnne agreed with Ms. Reynolds' suggestion for a future gym and suggested that Council try to get the entire package together. C/M Stelzer advised that the only item on the Agenda calling for a decision is the relocation of the building and suggested that these comments were not relative to that subject. Mayor Kravitz replied that as he understands it, the people are asking that the subject be Tabled for future study, which is relative. C/M Stelzer stated that if the location had not changed, the item would not have been on the Agenda. VOTE: C/M Dunne NAY C/M Munitz AYE C/M Stelzer AYE Vice Mayor Stein AYE Mayor Kravitz AYE The City At.t.ornev asked that the Recreation Director submit written approval by the Committee to the Clerk's Office, since the motion called was subject to that approval. Ms. Ellis advised that the next Committee meeting was scheduled for July 23rd, and agreed to that direction. C/M Stelzer advised that he is liaison to activities with the school board of the County and the Elementary School and asked who authorized these discussions and why he or the City Attorney were not included. He suggested that all of Council be advised of future discussions with the school board and that the proper people be involved in such discussions. C/M Munitz stated that he understood that C/M Stelzer was invited to this meeting and a memo was sent to the City Attorney clarifying the Sunshine Law situation if both Councilmen attended and the City Attorney confirmed that he had received and responded to that memo. C/M Stelzer stated that he was not aware of that meeting. 10. Tract 27 Park - Discussion and possible action to approve the Master Site Plan. SYNOPSIS OF ACTION: Council approved the preliminary site plan for Tract 27 as presented by the Recreation Director. Recreation Director Sharon Ellis reported that Council approved the location and the lighting projects for two additional soccer/football fields at the last meeting and she presented an up-to-date sketch of the plan that she recommends for approval. She stated that the City Engineer has discussed this with Mr. Cecil Nall with regard to the location of the storage tanks, tennis courts, handball courts, basketball courts, parking facility, open area, concession stand and pro shop. She requested approval of the site plan so that development could proceed and added that this is a preliminary site plan, with final plans to be drawn upon Council's approval. Vice Mayor Stein MOVED to adopt the preliminary site plan and C/M Munitz SECONDED. C/M Stelzer asked how long it would take to complete the entire project and Ms. Ellis replied that work will be done in stages, with the immediate need being for the soccer/football fields. She continued that following that would be work on the parking facility, exit and entrance ways, concession stand and rest rooms, then 10 tennis courts at the northern end. She added that the City Engineer has recommended that the storage tanks be camouflaged by building the racquet ball courts around them and she agrees with that. -6- 7/11/84 /cmt C/M Stelzer stated that he is pleased that the City's image would change with the development of this facility; however he is concerned that future residents at Kings Point would not be aware of the size of this facility and the lighting and crowds that would be involved. He suggested that an artist's concept be prepared on a large sign facing Kings Point so that residents will know what is planned there. C/M Dunne asked how much this project is going to cost and Ms. Ellis advised that the total would be $1,290,000.00. She added that this is estimated high to cover possible increases that might occur since the work is being done in phases. She continued that hopefully, once they go out for bids on specific items, the figure will come down. She said that copies of the breakdown on the cost are available and the Mayor asked that copies be sent to Council. C/M Dunne asked if that money was available in the Parks & Recreation Fund and the Vice Mayor stated that only one phase is being discussed at this point, and the money is available. Mayor Kravitz advised that Council is aware of this by memo and the Recreation Director will present the plan to the Recreation Committee and send their report to Council. Vice Mayor Stein endorsed C/M Stelzer's statement regarding the image of the City and stated that the average age of Tamarac residents is 62. He stated that if this City is to grow and prosper, it must attract some younger residents and he feels this recreation facility will highlight the City's attraction. VOTE: C/M Dunne NAY C/M Munitz AYE C/M Stelzer AYE Vice Mayor Stein AYE Mayor Kravitz AYE Martin Riefs stated that he represented Lennar Corporation, the developer of Kings Point which surrounds the proposed recreation facility. He stated that he is concerned over the relocation of the storage tanks from the previous plan to the location on Nob Hill Road. He asked that Council consider relocating these from visible sight of the residents of Kings Point. Ms. Ellis advised that the idea of camouflaging the tank with the racquetball court should solve that problem. Mayor Kravitz advised that before anything is :given final approval, this point will be considered. 12. Street Resurfacing Projects - Discussion and possible action on: a) NW 61 Street from NW 84 Terrace east to canal. b) Brookwood Boulevard (northbound lanes) from McNab Road to NW 64 Court. c) Boulevards -- NW 53, 54 and 55.Streets and NW 23 and 27 Avenues. (tabled from 2/9/83 and 6/13/84). .d.).._ Approval of priority list. -._Agendized by Consent. e) Approval of line item transfers. - Agendized by Consent. SYNOPSIS OF ACTION: Agendized by Consent items d) and e); and removed items a), b) and c). AnDroved d) and e). City Engineer Larry Keating advised that the wording of the agenda items did not reflect the locations of the work in order of priority. He referred to his memo of July loth with the current list by order of priority and a breakdown by cost of material to be used by Public Works and the actual costs for a contractor to do the resurfacing. He continued that the total sum is in excess of $200,000.00 and may exceed the Charter limitation. He recommended limiting the amount of work under the Fiscal Year expenditure to below that limitation. He requested approval of this priority list and that work proceed in that order. (See 'Attachment 1). -7- 7/11/84 /cmt r � � City Attorney Henning asked Mr. Keating if any individual project would be over that amount and Mr. Keating replied that none of the projects would individually exceed the Charter amount. Mr. Henning continued that Council could accept the priority list and then approve the projects individually. The Vice Mayor stated that the lump sum of any Department's projects would be over the Charter limitation and suggested that projects be handled in groups after approving the list of priority. C/M Stelzer pointed out that Item. 12a) was not on Mr. Keating's list and the Mayor advised that each item must be considered for action as it is on t e Agenda. Mr. Keating recommended that Council deny a), b) and c) and adopt the priority list pursuant to his memo, with the expenditure therefor. He added that there is also a transfer of funds involved. City Attorney Henning advised that d) would be the approval of the priority list and e) would be the approval of the line item transfers. Mayor Kravitz recommended that Council add by consent items d) and e) to Item 12 and then vote accordingly. Vice Mayor Stein so MOVED and C/M Dunne SECONDED. VOTE: ALL VOTED AYE a),b),c). Vice Mayor Stein MOVED to remove a), b) and c) from the Agenda and C/M Dunne SECONDED. VOTE: ALL VOTED AYE d) Vice Mayor Stein MOVED to accept the priority list as submitted by the City Enkineer's.-memo dated Julv 10.t_h_.__. C/M Stelzer SECONDED. VOTE: ALL VOTED AYE e). Vice Iiayor Stein MOVED to accept the amendment dated July llth to transfer the line item amount of $172,200.00 from the Capital Reserve Fund. C/M Stelzer SECONDED. (See Attachment VOTE: ALL VOTED AYE COMMUNITY DEVELOPMENT 37. Ashmont/Kings Point_ - Discussion and possible action on: a) Renewal of permit for the use of a model sales facility at another location. b) Release of a warranty bond posted for the water distribution system - Temp. Reso, #3218. SYNOPSIS OF ACTION: APPROVED a) and b). RESOLUTION N0. R-84 g2a PASSED City Attorney Henning read Temp. Reso. #3218, by title. C/M Stelzer advised that the City Engineer has recommended that the warranty bond be released; so there should be no problem with the permit. C/M Stelzer MOVED for approval of the renewal of the permit and C/M Munitz SECONDED. VOTE: ALL VOTED AYE C/M Stelzer advised that the City Engineer has recommended approval and C/M Stelzer MOVED to release the bond. Vice Mayor Stein SECONDED. VOTE: ALL VOTED AYE 7/11/84 /cmt 36. Tamarac Gardens - Model Sales Facility - Discussion and possible action to renew a model sales permit. SYNOPSIS OF ACTION: APPROVED renewal of model sales permit for 6 months from 7/27/84. C/M Dunne advised that the fee has been paid. He MOVED for approval and C/M Stelzer SECONDED. VOTE: ►iif=tfG@i aIW.vi0 GENERAL ADMINISTRATION/FINANCIAL Tape 9. Relocation of Water and Sewer Line 3 on invoices from Broward County on following projects: a) Commercial Boulevard, between b) Commercial Boulevard, between c) McNab Road, between University SYNOPSIS OF ACTION: APPROVED Staff's recommendation for payment on all three projects, of $482,202.92 now and the balance of $353,217.58 in installments. - Discussion and possible action relocation of utility lines for the the Florida Turnpike and NW 61 Avenue. the Florida Turnpike and State Road 7. Drive and the east City limits. Finance Director Steve Wood reported that the background of this was that the utility lines were relocated and paid for by County money and they were to bill the City. He stated that the City tried to enter into three con- tracts for these projects, the first two being with the understanding that the City would not pay any interest, which were not signed by the County. He continued that up to this time, the City has not been billed and the County is now trying to finalize all three projects. Mr. Wood referred to his memo dated July 3, 1984, which outlines alternatives for this payment. Hd advised that Alternative #1 is acceptable by the County and is to pay $482,202.92, using a small interest factor for two contracts and 71% as agreed to on the third contract. Mr. Wood recommended payment under this alternative. Vice Mayor Stein stated that it is his understanding that this has been reflected in the City's budget and Mr. Wood confirmed that, adding that the obligation is also included in the Consultant Engineers' report. C/M Munitz asked what amount was included and Mr. Wood replied that the monthly payment amount has been budgeted over the last few years as if the payments were being made and this year, it is approximately $130,000.00. C/M Munitz asked if the payments for previous years had been earmarked for this. Mr. Wood confirmed and advised that the budgetary constraints were really not an issue. The Vice Mayor asked how total payments to date would affect the assets of the City for the next year. Mr. Wood stated that the City needs to enact new utility rates regardless of what happens with the bond issue. He added that the expenditure was contemplated and was included in the 5-year capital improvement plan and money is available to make the payment. He added yhowever ,if the payment is made and Council does not enact a new rate during the first part of the next fiscal year, the City may experience a deficit in retained earnings for the utility. C/M Stelzer asked Mr. Wood if the money is available in Retained Surplus and asked how much will be taken into consideration of a new rate structure. Mr. Wood stated that the expenditure was contemplated in prior years but was not paid, therefore the money rolled over into Retained Earnings and the City earned the interest on these dollars at a rate in excess of the interest being requested by the County with this payment. 7/11/84 /cmt _.J C/M Stelzer point.ed,:out that if those payments had been made in prior years then there would not be that interest income and Mr. Wood agreed. Vice Mayor Stein stated that the point is that the payments should have been made with a realistic rate at that time and now it has accumulated to the point where if the City pays the $700,000.00, it would go into a deficit using the same utility rates. Mr. Wood advised that regard- less of this payment, during the next fiscal year the City will incur a deficit unless there is a rate change. C/M Dunne suggested that the payment be made to keep friendly relation- ships with the County. Vice Mayor Stein MOVED to accept staff's recommended plan for payment of $482,202.92 now and the balance of $353,217.58 in installments. C/M Munitz asked the nature of the install- ments and Mr. Wood advised that it would be in semi-annual installments as outlined in his memo. C/M Munitz SECONDED. VOTE: ALL VOTED AYE 8. Personnel Director - Discussion and possible action regarding recom- mendation of City Manager to conclude the probationary period of Larry Perretti based upon completion of seven (7) months satisfactory service. SYNOPSIS OF ACTION: TABLED at request of Vice Mayor Stein. City Manager Laura Stuurmans advised that the personnel manual provides. for a 6-month probationary period for general employees, however Council extended that period to a maximum of one year for Department Heads, pro- viding for review by the City Manager after 6 months with report to Council. She added that Larry Perretti has been with the City for 7 months and during that time he has evidenced a proficiency in administrative skills and the labor relations abilities that he has brought to the position is an asset to the City. She recommended that Council remove the probationary status. Vice Mayor Stein stated that he has been investigating some actions in regard to this matter and asked that it be TABLED until the next meeting. C/M Dunne SECONDED. VOTE: ALL VOTED AYE LEGAL AFFAIRS 19. Rezoning of Recreational Landby Referendum - Temp. Ord. #1 127 - Discussion and possible action to delete Section 12.07, "Recreational Land Use Referendums", from the City Charter pursuant to Section 166.031(5) of Florida Statutes and Court Order. First Reading. SYNOPSIS OF ACTION: APPROVED on First Reading. City Attorney Henning read Temp. Ord. #1127, by title, and stated that this action was approved in May by Resolution. He added that legal staff feels that more appropriate action would be by Ordinance and requested that Council address that action. He advised that this portion of the Charter has been declared illegal for various reasons and requires unanimous Council action to delete it from the Charter. Vice Mayor Stein MOVED to adopt Temp. Ord. #1127 and C/M Munitz SECONDED. Melanie Reynolds asked if the Resolution would have to be repealed and Mr. Henning advised that the Ordinance includes that in its title. -10- 7/11/84 /cmt John W. Fleming, resident, stated his concern that this has been on the books for so long and asked why it is coming up at this time. He advised that there a number of proposals that residents are concerned about. Mr. Henning agreed that this was taken from the Charter several years ago and has been addressed by the Charter Board for at least two years. He continued that at one point they had considered putting it on referendum for the people's vote; but this is the most appropriate way to take action to delete it. He stated that it is a housekeeping method and has no bearing on future plans for rezoning in the City. Mr. Fleming stated that their concern was with the possibility of re- zoning that will have serious effect on Sections 6 and 7. Mr. Henning advised that when rezoning is requested, there will be Public Hearings advertised. Mayor Kravitz assured Mr. Fleming that before anything of this nature is approved there would be workshops and a Public Hearing on the subject. C/M Munitz asked that Mr. Fleming meet with him to discuss these concerns and Mr. Fleming agreed. Charles Ellner, resident, stated that this seems to be part of a well - planned strategy and.the residents of Section 7 have heard rumors that Mr. Stackhouse plans to apply for rezoning to permit construction of condos and hotels in that section. Mayor Kravitz reiterated that no action will be taken on a request for rezoning until workshops and a Public Hearing are held. He added that nothing is pending and the public will be given ample notice if a request for rezoning is to be heard. Vice Mayor Stein advised that this is nothing more than a method of removing a section from the Charter that had merely been crossed out by the previous City Attorney. He pointed out that he is liaison to the Planning Commission and there is nothing before that Commission for any rezoning. He continued�however., that the residents should be aware that the restrictions of the golf course in that area will expire in 1988; and at that time it will be open season for development. Mr. Ellner asked Mr. Henning the effect of granting this deletion and Mr. Henning replied nothing, because they have not been able to use that section since the 701s. C/M Munitz advised that this Ordinance does not change any zoning presently in existence, it just deletes something that should have been deleted a long time ago. Mr. Ellner stated that the residents must rely on Council's assurance in this matter and the Mayor advised him that they have that assurance. VOTE: ALL VOTED AYE COMMUNITY DEVELOPMENT 26. Sands Point Condo IV, Inc. - Revised Site Plan - Temp. Reso. #3204 - Discussion and possible action on a revised site plan for revisions to traffic flow (tabled from 6/27/84). SYNOPSIS OF ACTION: Approved, as amended RESOLUTION NO. R-84 -,,2 7 PASSED and with condition for additional stop signs. City Attorney Jon Henning read Temp. Reso. #3204, by title. Chief Building Official Sam Stevens advised that this revised site plan is to document the change of traffic flow from two-way to one-way traffic in some areas. He recommended that Council accept the revised site plan by accepting the revision. Vice Mayor Stein advised that in discussion with the person who had previously objected to this change, the Vice Mayor suggested a compromise that two stop signs would be placed where the two-way merges with the one-way and the objector agreed. -11- 7/11/84 /cmt J C/M Munitz asked if this changes what exists now and Mr. Stevens replied no, the revision is only to document what exists now. C/M Stelzer referred to the Vice Mayor's discussion with the person who objected to this change and stated that it was C/M Dunne who asked that this be tabled and C/M Stelzer was concerned about the Sunshine Law. The Vice Mayor clarified that C/M Dunne's request was at the behest of the resident and the Vice Mayor has discussed this with the resident. The Vice Mayor asked Mr. Stevens if he accepted this suggestion and Mr. Stevens affirmed. Joseph Stokvis, Vice President of Sands Point Condo IV, referred to the Vice Mayor's recommendation and advised that a "Stop" sign and "Two -Way Traffic Ahead" sign has been placed on the right-hand side where the traffic merges. The Vice Mayor pointed out that there is no sign on the other side and Mr. Stokvis advised that there would be no objection to that. Malcolm Nathan stated that he was the former Chairman of the Traffic Board which set up the original plan. He added that the original plan had no two-way traffic. He advised that the present revision is dangerous because there are points in the area where traffic moving one way does not see the traffic coming the other way and there have been near acci- dents because of this. He said that previously they had two definite one-way streets which was the safest method. Ed Solomon, Resident of Sands Point Phase IV stated that this is an administrative matter and if there are changes to be made they should go back to Planning and get it done. He suggested that this matter started because of a letter from the Board of Directors at Sands Point to the City Charter Board reporting the fact that one of the Charter Board members did not obey the rules of the Condo area. He added that the Chairman of the Charter Board replied to that .letter and at that time Mr. Stevens became involved in the matter. Mr. Solomon continued that the truth of the matter is in Mr. Nathan's comments and asked that the change be sent back to the Planning Commission. Stanley Jonas, Member of the Sands Point Board of Directors stated that the original plan met with many objections from one building due to several sharp angles in the traffic flow. He stated that the Board acceded to their requests and the flow of traffic was changed to what it is now for the safety of the residents of Phase IV. He advised that the Charter Board member previously mentioned was fined for her nonconformance. Tape He advised that there are no objections to the additional sign recommended 4 by the Vice Mayor and requested that Council favor this revision. Charles Bellar, Resident of Sands Point asked that Council consider their safety and protection by granting this application. Melanie Reynolds, Resident of Sands Point, stated that this resolution addresses construction to be in compliance with the plan and advised that there is no plan involved here. She objected to the unnecessary distance required for the residents in the north section of the condo area in getting back and forth to their homes around the tennis court. Vice Mayor Stein MOVED to adopt Temp. Reso. #3204 as amended for the stop signs that have been accepted: C/M Stelzer SECONDED. City Attorney Henning suggested that a) and b) of Section 1 of the Resolu- tion should be deleted and in its place a) should read: "The existing plan is hereby approved." He continued that c) would then become b) and the Conditions Section should include: "Stop signs are to be added as indicated in Exhibit A", with the drawing being attached to the Resolution as Exhibit "A". VOTE: ALL VOTED AYE -lz- 7/11/84 /cmt 177 27. _University Community�Hosp ital - Revised Site Plan - Temp. Reso. #3212- Discussion and possible action on a revised site plan for revisions to the northwest corner of the employee parking lot, utility building, patio area, walks and picnic table additions. SYNOPSIS OF ACTION: Approved, subject RESOLUTION NO. R-84- ad/ 8 PASSED to Staff recommendations. City Attorney Henning read Temp. Reso. #3212, by title. Vice Mayor Stein advised that the Planning Commission has approved this subject to Staff recommendations and asked if these were to be made part of the Resolution and the City Attorney confirmed that. Vice Mayor Stein MOVED to adopt Temp. Reso. #3212 and C/M Munitz SECONDED. VOTE: ALL VOTED AYE 28. Universal Electric/Foster Warehouse - Discussion and possible action on: a) Site Plan - Temp. Reso. #3213 b) Landscape Plan c) Water and Sewer Developers Agreement d) Water Retention Agreement e) Hold Harmless Agreement (to be located on the 5300 block of NW 22 Avenue) SYNOPSIS OF ACTION: Approved a), b) , c) , d) and e) . RESOLUTION NO. R-84-_,�/ ,9 PASSED a) City Attorney Henning read Temp. Reso. #3213, by title. Vice Mayor Stein MOVED to adopt Temp. Reso. #3213. C/M Stelzer SECONDED. The Assistant City Clerk advised that there are fees due as indicated in the City Engineer's memo. Mr. Stevens stated that drainage improvement fees of $59.67 and water & sewer contribution charges of $900.00 are due. Mr. Rod Green representing the applicant advised that his client is here, with the check for those fees. Vice Mayor Stein asked that those items with fees be discussed first. He asked that the applicant cover all fees due in order for Council to continue with the item. He outlined the fees to be those previously mentioned by Mr. Stevens and an engineering inspection fee amounting to $1,557.16. Mr. Stevens advised that $450.00 of that engineering fee has been prepaid and the balance due of $1,107.16 can be paid at the time of the engineering permits. Mayor Kravitz advised the applicant to present the check to the City Clerk and Council could continue with the entire item. Applicant - paid fees ofimprovement—and 59.67 for drainage $900.00 for water & sewer contribution charges. VOTE: ALL VOTED AYE b) Vice Mayor Stein asked if the applicant agreed to the recommendations by the Beautification Committee and Mr. Stevens confirmed that they have. Vice Mayor Stein MOVED to accept the landscaping plan and C/M Dunne SECONDED. VOTE: ALL VOTED AYE -13- 7/11/84 /cmt 61 c) City Attorney Henning said that there is only one ERC required for this building, which will be a minimal amount of water. Vice Mayor Stein MOVED to adopt the Water & Sewer Developers Agreement and C/M Dunne SECONDED. VOTE: ALL VOTED AYE d) The City Attorney advised that the agreement has been executed, all fees have been paid, and he recommended approval. Vice Mayor Stein MOVED to approve and C/M Dunne SECONDED. VOTE: ALL VOTED AYE e) Vice Mayor Stein MOVED to accept the hold harmless agreement and C/M Stelzer SECONDED. VOTE: F.'V W9TiwW1N.VAP 29. Woodlands Day School -- Discussion and possible action on: a) Site Plan - Temp. Reso. #3214 b) Landscape Plan c) Water & Sewer Developers Agreement d) Water Retention Agreement e) Canal Maintenance Easement - Temp. Reso. #3215 (to be located on the east side of NW 70 Avenue, just south of the residential/commercial building). SYNOPSIS OF ACTION: TABLED to July 25th meeting at request of applicant. Mayor Kravitz advised that Council was asked to table this item. Vice Mayor Stein MOVED that Item 29 be TABLED and C/M Stelzer SECONDED. C/M Stelzer asked if this item was tabled to July 25th and the Mayor confirmed. VOTE: ALL VOTED AYE 30. Family Mart - Revised Site Plan - Temp. Reso. #3217 - Discussion and possible action on a revised site plan for a storage enclosure at the rear. SYNOPSIS OF ACTION: APPROVED subject to conditions. RESOLUTION NO. R-$4-y Z) PASSED City Attorney Henning read Temp. Reso. #3217, by title. Mr. Stevens advised that this enclosure was required by the City and Staff recommends approval of the revised site plan, subject to the following conditions: 1. There is to be no outside storage permitted after the enclosure is constructed. 2. Enclosure is to be constructed with: a) Doors must be placed on concrete filled posts instead of attached to the wall. b) A concrete- Pad beneath the structure instead of asphalt as shown. 3. Applicant shall place a hedge to the south of the enclosure to shield the storage area. The hedge has died; therefore, Staff recommends placing a new hedge in the landscape island. 4. All work shall be completed within 90 days. Vice Mayor Stein MOVED adoption of Temp. Reso. #3217 subject to Staff recommendations. C/M Dunne SECONDED. VOTE: C/M Dunne AYE C/M Munitz Absent C/M Stelzer AYE Vice Mayor Stein AYE Mayor Kravitz AYE -14- 7/11/84 / cmt-. . 31. Pool Mart of Florida Inc. - Discussion and possible action on: a) Site Plan - Temp. Reso. #3216 b) Landscape Plan c) Water Retention Agreement (to be located at the southwest corner of Commercial Boulevard and NW 38 Terrace) SYNOPSIS OF ACTION: TABLED (See Pages 17 & 18). City Attorney Henning read Temp. Reso. #3216, by title. Mr. Stevens stated that Staff recommends approval subject to the following: Approval of Water Retention Agreement; payment of appropriate fees which are drainage retention in the amount of $1,424.50 and drainage improvement fees of $105.83; approval of Beautification Committee; removal of two illegal billboards; and submission of Water & Sewer Agreement to Broward County prior to obtaining building permits. Vice Mayor Stein asked if the fees had been paid and the Assistant City Clerk advised that the applicant was to be here with those fees at this meeting. Vice Mayor Stein MOVED to TABLE the item and C/M Dunne SECONDED. Mayor Kravitz added that if the applicant appears, the item can be taken up at that time. VOTE: C/M Dunne AYE C/M Munitz Absent C/M Stelzer AYE Vice Mayor Stein AYE Mayor Kravitz AYE 32. Westview at Colony West - Parcel L -- Site Plan - Temp. Reso. #3073 - Discussion and possible action to extend approval of the final site plan (tabled from 3/28/84). SYNOPSIS OF ACTION: TABLED due to arrears in water & sewer fees. Mayor Kravitz advised that there is a balance due of $442.00 and asked Mr. Stevens if those fees had been received. Mr. Stevens reported that the fees have not been paid and the applicant has requested that the item be Tabled. C/M Dunne MOVED to Table the item and C/M Stelzer SECONDED. VOTE: C/M Dunne AYE C/M Munitz Absent C/M Stelzer AYE Vice Mayor Stein Absent Maor _Kravitz AYE City Attorney Henning advised that the applicant Marvin Feinstein is present and the Mayor advised that there will be no discussion on the item as it has been Tabled, and suggested that the applicant meet with the City Attorney for recommendation to Council. City Attorney Henning advised Council that Mr. Tralins is asking that Item 21 be Tabled following the Public Hearing and the Mayor advised that the Public Hearing will be held and Council's motion will be based on the recommendation to Table. The City Attorney also requested minimal discussion and Tabling of Item 17 and the Mayor advised that Council will consider that after lunch recess. Mayor Kravitz recessed the meeting at 12:00 Noon, to reconvene at 1:30 P.M. -15- 7/11/84 /cmt Tape Mayor Kravitz called the meeting to order at 1:30 P.M., and all were 5 present. BOARDS AND COMMITTEES I. Board _of Adjustment - Temp. Reso. #3208 - Discussion and possible action to appoint two (2) regular and two (2) alternate members. SYNOPSIS OF ACTION: Appointed William RESOLUTION NO. R-84 2[XPASSED Danyluck and James Kane as regular members with terms expiring July 8, 1987; and Eugene Barkin and Joseph Lubin as alternates with terms expiring July 8, 1985. Vice Mayor Stein read Temp. Reso. #3208, by title. Vice Mayor Stein asked which positions these were and C/M Munitz advised that the regular appointments were William Danyluck and James Kane; the Mayor advised that the alternates were Mr. Lubin and Mr. Lachmann at the present time. C/M Munitz nominated William Danyluck and James Kane for regular appoint- ments. Vice Mayor Stein MOVED to close nominations and C/M Munitz SECONDED. VOTE: ALL VOTh..0 AYE C/M Munitz nominated Eugene Barkin and Seymour Sadkin as alternates. C/M Stelzer nominated John Lachmann and Larry Gould. Vice Mayor Stein nominated Joe Lubin. C/M Munitz MOVED to close nominations. VOTE: C/M Dunne Lachmann & Barkin C/M Munitz Barkin & Sadkin C/M Stelzer Lachmann & Gould Vice Mayor Stein Barkin & Lubin Mayor Kravitz Lubin & Barkin Mayor Kravitz advised that Mr. Barkin has 4 votes and called for a new vote on the tie between Mr. Lachmann and Mr. Lubin. VOTE: C/M Dunne Lubin C/M Munitz Lubin C/M Stelzer Lachmann Vice Hayor Stein Lubin Mayor Kravitz Lubin Vice Mayor Stein MOVED to adopt Temp. Reso. #3208 inserting William Danyluck and James Kane in Section 1 and Eugene Barkin and Joe Lubin in Section 2. Mayor Kravitz asked the expiration dates on these appointments and the City attorney advised that the regular terms expire July 8, 1987, and the alternate terms expire July 8, 1985. C/M Dunne SECONDED. VOTE: ALL VOTED AYE 2. Law Advisory Committee - Temp. Reso. #3209 - Discussion and possible action to appoint five (5) members. SYNOPSIS OF ACTION: TABLED to next regular meeting. -16- 7/11/84 /cmt r City Attorney Henning read Temp. Reso. #3209, by title. C/M Munitz suggested that the information given to Council is incorrect in that the list includes applicants from the previous Code Advisory Committee. He advised that this is a new committee and should not have had any previous members. Vice Mayor Stein advised that these members would not be eligible because the Resolution calls for members of the Bar within the Continental United States. Vice Mayor Stein nominated William Watson Trick Jr., Ben Lieber, Edwin Cline, Gene Barkin and Joe Lubin. C/M Stelzer pointed out that Mr. Lieber is an elected member of the Charter Board and the Vice Mayor agreed to delete him. The Vice Mayor stated that he would like to nominate Carl Warshaw,however, his application is not in the backup. C/M Stelzer stated that there could be a possible conflict in interest with the appointments of Mr. Barkin and Mr. Lubin since they were just appointed to the Board of Adjustment. C/M Munitz advised that the City Attorney is working on an Ordinance regarding appointments to not more than two committees; however,based on the nature of these two committees, he feels that Mr. Barkin and Mr. Lubin should not be considered. He suggested that Council vote only on two at this time. Vice Mayor Stein asked that the item be Tabled so that these two applicants could be given the choice of serving as alternates on the Board of Adjust- ment or full members of a legal committee. C/M Munitz MOVED to TABLE the appointments until the next regular meeting and the Vice Mayor SECONDED. VOTE: ALL VOTED AYE COMMUNITY DEVELOPMENT 33. Woodmont Tract 72-C (Pineapple Park) - Discussion and possible action to: a) Renew model sales permit b) Request for Sign Waiver for a temporary announcing sign at the NE corner of NW 80 Avenue and NW 70 Street. (Agendized by Consent) SYNOPSIS OF ACTION: Item b) Agendized by Consent (See Page 1). APPROVED a) and b). RESOLUTION NO. R-84-QZ,,Z,3 PASSED a) C/M Stelzer advised that the fees have been paid for renewal and he MOVED to approve. C/M Dunne SECONDED. VOTE: ALL VOTED AYE b) City Attorney Henning read Temp. Reso. #3219, by title. C/M Stelzer advised that Staff recommends approval and he MOVED to approve. C/M Munitz SECONDED. VOTE: ALL VOTED AYE 31. Pool Mart of Florida Inc. - Discussion and possible action on: a) Site Plan - Temp. Reso. #3216 b) Landscape Plan c) Water Retention Agreement (to be located at the southwest corner of Commercial Boulevard and NW 38 Terrace) SYNOPSIS OF ACTION: Reconsidered Tabling action (See Page 15). APPROVED a); APPROVED b) subject to Staff recom- mendations as agreed by applicant; APPROVED cl -17- RESOLUTION NO. R-84-,Z_ aZ/ PASSED 7/11/84 /cmt J City Attorney Henning advised that the applicant for Item 31 is present and has requested consideration at this time. C/M Stelzer MOVED to remove the Tabling action and reconsider Item 31. Vice Mayor Stein SECONDED. VOTE: ALL VOTED AYE a) C/M Stelzer advised that the fees have been paid and he MOVED to adopt Temp. Reso. #3216. C/M Dunne SECONDED. City Attorney Henning advised that there is still $105.00 due and the applicant presented that amount to the City Clerk. VOTE: ALL VOTED AYE b) Vice Mayor Stein advised that the Beautification Committee has recommended several items and he MOVED for the adoption of the Landscape Plan subject to the suggestions of the Beautification Committee by memo from Richard Rubin dated January 5, 1984. C/M Stelzer asked if the applicant agreed to these suggestions and Mr. Rod Green advised that his client agrees to all items specified. C/M Munitz SECONDED. VOTE: ALL VOTED AYE c) Vice Mayor Stein MOVED to approve the Water Retention Agreement and C/M Dunne SECONDED. VOTE: ALL VOTED AYE PUBLIC HEARINGS 21. Bruce_Egan - Rezoning Petition #19-Z-84 - Temp. Ord. #1121 - Discussion and possible action to rezone the lands at the southeast corner of University Drive and NW 64 Street from R-3 (Low Density Multiple Dwelling) to B-2 (Planned Business) utilizing the 5% flexibility rule for commercial development in residential land use area not to exceed 10 acres. First Reading. a) Acceptance of Affidavit of Publication, Affidavit of Mailing and Affidavit of Posting. b) Consideration of application. SYNOPSIS OF ACTION: Following Public Hearing and discussion, Petitioner withdrew the applica- tion and Council acknowledged. C/M Stelzer reminded the Mayor that the City Attorney advised earlier of a letter from Mr. Tralins requesting that the item be Tabled. Mayor Kravitz stated that he would prefer to hold the Public Hearing before that action. City Attorney Henning read Temp. Ord. #1121, by title. Myles Tralins,representing Bruce Egan, advised that a letter has been given to the City Attorney requesting that this matter be Tabled for reconsidera- tion at the next Council meeting in an attempt to meet with Staff to reduce some of the controversy. He added that due to the tragic circumstances, they have not been able to meet with Mr. Rubin. He stated that since the presentation would be quite lengthy, it would be in the best interests to ask that this item be postponed. He requested that Council carry over the Public Hearing of this item to follow presentation and offered to pay whatever costs are required for republication of the item. Mayor Kravitz advised that he prefers to hold the Public Hearing at this time. Mayor Kravitz opened the Public Hearing. Ben Chicofsky, resident of Concord Village, advised that the Planning Commission held a Public Hearing on this item and he does not believe that the item should be postponed by Council. He disagreed with the rezoning to commercial use and stated that from McNab Road to Commercial Boulevard on University Drive, there are 75 retail stores, 11 eating establishments, a few banks, and a professional building. He expressed his concern for the depreciation of the condo owners' investments and asked that Council not rezone this property. He suggested instead that new homes and condos be built there. -18- 7/11/84 /cmt M W Henry Farbman, Member of the Recreation Board at Concord Village, suggested that this development would be very destructive to the peaceful communities of over 1500 families in this area. He objected to the number of times that this developer has requested rezoning and referred to the costs to the City in handling the requests. He stated that the developer is abusing his rights in these matters. Mr. Farbman continued that the residents also have rights to protest and requested that they be allowed to have an area of condos and one -family homes, without additional commercial development. Jack Stelzer, resident of Vanguard Village, stated that he is speaking for those residents because they were told that this item was to be Tabled at this time. He stated that there is a great deal of animosity against this rezoning and the residents of Vanguard Village have held several meetings on the subject. He added that they do not want this development in this area and advised that Vanguard Village residents would definitely appear for the Second Reading of this Ordinance. Blanche Lustig, resident of Concord Village, stated that all of the shops along University Drive are not within Tamarac, but she pointed out that these shops are emptied almost as quickly as they are rented. She expressed her concern that there will be a ghost town of empty shops. There being no one else to be heard from the public, Mayor Kravitz closed the Public Hearing. C/M Dunne advised that the Planning Commission Tabled this item and he MOVED to Table it also. C/M Munitz pointed out that the Planning Commission did not Table the item, they denied it. Mayor Kravitz asked that the Vice Chairman of the Planning Commission clarify their action for Council. Larry Bender, Vice Chairman of the Planning Commission, advised that the Planning Commission denied this application for all the reasons heard here today and recommended that the Council do likewise. Vice Mayor Stein advised that a petitioner must prove public necessity with a request for rezoning and there is nothing in the backup to show that this applicant has done that; therefore rather than Tabling the action, he would vote against it. He MOVED to DENY the petition and C/M Dunne SECONDED. City Attorney Henning reiterated that the petitioner requested that this item be Tabled and was withholding his presentation in anticipation of that action. The City Attorney suggested that if Council is not considering a Tabling action, Mr. Tralins is entitled to make his presentation. He agreed with the Vice Mayor's comments that there is nothing in the backup, because the petitioner has been assuming that Council would consider the request for Tabling. The Mayor advised that the Motion is to Deny, not Table. The Vice Mayor repeated his statement that he has nothing to show public need and if Mr. Tralins can present that, he is entitled to do so. Myles Tralins stated that the applicant has attempted in good faith to bring forth a proposal to satisfy some of the concerns of the citizenry. He agreed that Council action should be based on the presentation and the Public Hearing comments. He continued that a full presentation for this item is available and would require approximately three hours; however, he is not prepared to do that today. He stated that one of the reasons for requesting postponement was due to the time involved and added that he was relying on discussion with Staff on this item. He again requested postponement and the Mayor advised that Mr. Tralins' request has been heard and that a motion to DENY is now before Council, and unless Mr. Tralins could prove the need, Council will take action on this motion, after which Mr. Tralins could discuss the action with the City Attorney. M'0 7/11/84 /cmt Vice Mayor Stein pointed out that Mr. Tralins' request does not automatically determine Council's action to Table the item and added Tape that there were many reasons for his motion to Deny. Mr. Tralins 5 asked that they be given an opportunity to meet with Staff in an attempt to satisfy those needs of the public for this development and therefore,,avoid the controversy. The Vice Mayor asked Mr. Tralins if he felt that he could convince the people that a commercial enter- prise is necessary in that location{ in light of what has been said today. The City Attorney stated that it is not a question of convincing the people; it is a question of convin ing the Council on behalf of the people. The Vice Mayor agreed wit the City Attorney's comments and again stated that there is nothing to show the necessity for a commercial enterprise in that location. Mr. Tralins stated that he was not pre- pared to do that today. Mr. Tralins stated that on behalf of the petitioner, they wished to withdraw ................. .. their application. Vice Mayor Stein advised that the petitioner has that right and if there is no petition before Council, there is nothing to Deny. Mayor Kravitz confirmed with the Vice Mayor that he was withdrawing his Motion and asked if the Seconder agrees. C/M Dunne agreed. Vice Mayor Stein advised the public that the developer has the right to withdraw an application at any time and contrary to any other comments, Council does not have the right to deny hearing that application. Vice Mayor Stein MOVED to accept the petitioner's withdrawal and C/M Dunne SECONDED. VOTE: ALL VOTED AYE 22. Lennar Homes Inc. - Rezoning Petition #20-z-84 - Temp. Ord. #1122 -- Discussion and possible action to rezone the lands to be used as the Recreation Parcel for the proposed subdivision to be known as Belfort and situated approximately 350-feet east of Nob Hill Road and north of Westwood Drive from R-3U (Row Houses) to S-1 (Open Space/Recreational). First Reading. a) Acceptance of Affidavit of Publication, Affidavit of Mailing and Affidavit of Posting. b) Consideration of application. SYNOPSIS OF ACTION: APPROVED a) and b); APPROVED on First Reading. City Attorney Henning read Temp. Ord. #1122, by title. Mr. Stevens advised that this is a requirement by the City- and the Planning Commission and Staff recommend approval. a) Vice Mayor Stein MOVED to accept the Affidavit of Publication, Affidavit of Mailing and Affidavit of Posting. C/M Munitz SECONDED. VOTE: ALL VOTED AYE Mayor Kravitz opened the Public Hearing. Hearing no response, the Mayor closed the Public hearing,. b) C/M Munitz MOVED to adopt Temp. Ord. #1122 and C/M Dunne SECONDED. VOTE: ALL VOTED AYE -20- 7/11/84 /cmt ��J 23. Carl. Trau er Enter rises Inc. - Rezoning Petition #21-z-84 - Temp. Ord. #1123 - Discussion and possible action to rezone the lands at the southeast corner of NW 94 Avenue and NW 77 Street from R-3 (Low Density Multiple Dwelling) to R-5 (Motel/Hotel District) to allow development of the property as a retirement resort. First Reading. a) Acceptance of Affidavit of Publication, Affidavit of Mailing and Affidavit of Posting. b) Consideration of application. SYNOPSIS OF ACTION: Following Public Hearing, Council accepted Affidavits in Item a) and Denied b). City Attorney Henning read Temp. Ord. #1123, by title. a) C/M Munitz MOVED to accept the affidavits. C/M -Stelzer SECONDED. VOTE: ALL VOTED AYE b) Mr. Jack Cory representing Carl Trauger Enterprises, Inc., advised that this development is not an ACLF or a nursing home and will not have health care facilities available. He referred to the aerial map posted and pointed out the location of the development in proximity to residential developments. Mr. Cory stated that this project is a retirement resort similar to a condominium with the exception that the units will be directly adjacent to the building with full services and recreational facilities. He presented the background of Carl Trauger and advised that brochures and background information were available for the residents. Mr. Cory advised that he had committed to the Planning Commission to address answers to specific questions posed in their meeting. He stated that the first question was circulated extensively in the neighborhood and concerned the effect on the value of property. He presented a copy of an appraisal by M. J. Saxon and Associates to the Assistant City Clerk and stated that the report with that appraisal concluded little impact on the value of the single family homes located nearby. C/M Munitz asked who the appraiser was and what his background was and Mr. Cory advised that the Associates had been certified in the circuit courts of Broward County as expert appraisers. C/M Munitz asked for clarification that it is the conclusion of the appraiser that if this is built where it is intended that it will have no impact on the value of the adjacent projects and Mr. Cory confirmed that. He added that due to the time constraints, if Council desires, they will retain M. J. Saxon for a fully detailed appraisal to be submitted to the City prior to the Second Reading. Mr. Cory advised that other questions concerned neighboring projects and he presented a letter to the Assistant City Clerk which was addressed to the Mayor and signed by Donald Fraley who owns 173 units directly west of the proposed project, which speaks in favor of the project. Mr. Carroll Anderson, Architect, presented the development as the solution to the need for alternate housing after reaching a certain age and showed pictures of similar projects elsewhere in the United States. He advised that the Planning Commission was concerned with entering the project from Westwood Drive and stated that they could redesign the entrance to be from 77th. He advised that the project will include tennis courts, swimming pools and an exterior jogging path. He added that the entranceways will be covered and heavily landscaped, with fountains. Mr. Anderson stated that there will be restaurants open to the residents, country stores, lounge areas and spas with Jacuzzis and aerobics areas. Mr. Anderson continued that 90% of the units will be one and two bedroom units, 5% will be studio units, and 5% will be three bedroom units. He added that the second floor of the common area will include arts and crafts rooms, kilns, dark rooms and added that there will be a Social Director for these activities. -21- 7/11/84 /cmt I Mr. Cory presented a copy of a 1974 study on density and a copy of a report on traffic impact by Arnold Ramos, Former District Engineer for the Florida Department of Transportation, to the Assistant City Clerk. Mr. Cory advised that this property is presently zoned for 215 multi- family units and presented a site plan marked "B" that was already approved for that location. He advised that if the proposed project, which he referred'to as "A", is not approved, then the City will be faced with the multi -family development in Plan B, and stated that the City Attorney could confirm that. Mayor Kravitz asked for the City Attorney's opinion and City Attorney Henning advised that everybody sees this as vacant property. He added that it will not stay vacant forever; something will be built there. He continued that it is within Land Sections 4, 5 and 6 which are covered by the Weissing court order which is zoned for 15 units per acre at this time. Mr. Tralins referred to the zoning of the 215 units and advised that the site plan marked B was developed by Toll Development Corp and called for development of 214 units under the 1972 standards. He continued that Mr. Trauger has pledged that if the proposed project A is approved, it will be in accordance with all existing City standards and requirements. Mr. Tralins suggested that the residents consider the options of a first class retirement resort or 214 units of multi -family units to be developed under the bond project. C/M Stelzer advised that Council is only required to act on Petition #21-Z-84 and that is what the public should comment on. He added that the alternative of Gene Toll's project would be dealt with when it comes up. Mr. Cory advised that that project will not come back to the City Council and added that it is under court order. Ile suggested that Council should be honest with the public and advise them of that and added that a court order issued by a circuit court judge cannot be changed. Tape Mayor Kravitz opened the Public Hearing. 7 Harry Weiner stated that this request was to change the zoning from low to higher density and added that the residents want the zoning to remain for low density. He expressed his concern for the traffic impact on the local areas and stated that the Cit of Tamarac was planned and they want to keep it that way. He added that,this development should not be located in the midst of a planned community and asked that Council vote against this project. Lawrence Gould, resident of Springlake II* stated that he was Chairman of their Zoning Committee and spokesman for their community. lie read a prepared statement against the development and requested that Council deny this action. Toby Eugene, resident, stated that this project gives the City the oppor- tunity for something beautiful and disagreed with previous comments. She added that it is obvious that something is going to be built on that land and there may not be another opportunity to have a facility as nice or as needed as this is. Vickie Beech, resident, spoke on behalf of the Legislative Committee of the Concerned Citizens. She stated that she observed the presentation previously and added that it is a beautiful concept but does not feel that it should be in a residential area. She read a statement passed by their voters which stated that the Board of Directors of the Concerned Citizens was opposed to this rezoning. -22- 7/11/84 /cmt M Jordan Brum, resident of Westwood 21, said he opposed the proposed facility and read a prepared statement. He presented a petition signed by many residents who are against the rezoning. He added that intimi- dating the residents with the choice of this project or something worse is the lowest tvpe of Public Relations that he has ever encountered. Lou Vladem, resident of Woodmont, stated that that entire area was under court order at one time and certain situations were corrected and changed by stipulations. He added that he does not disagree with the facility but it should not be located in a residential area. He spoke against the rezoning for the Property Owners Association of Woodmont. Frank Altobello, President of Section 23, said he spoke on behalf of 426 homeowners in objection to the rezoning of this facility. Bernie Hart, President of the Tamarac Presidents' Council, stated that the 64 homeowner associations represented by this Council are opposed to this rezoning. He read an article from the July llth issue of the Tamarac Mirror regarding the choices stated by Mr. Cory and his challenge for a debate. Mr. Hart advised that residents do not debate with developers; they bring their complaints to the City Council for adjudication of the issue. He agreed with Mr. Vladem's comments regarding the court order and added that the project would be desirable if it were located in an area other than residential. Mr. Hart asked Council to deny the applica- tion. Wilbur Berger, President of the Springlake-Northwood Homeowners Association, stated that residents of Tamarac came here for gracious retirement living. He stated that downgrading the zoning will not improve this quality of living and added that they rely on Council to protect the best interest of the City's residents. Mayor Kravitz closed the Public Hearing. C/M Munitz referred to previous rezoning actions passed under threats and stated that the present Council is pledged to listen to the will of the people in consideration of its actions. He added that he is tired of legislation by threat and prefers to act under legislation by logic, by fact, by law and above all, by what the people want. He advised his intention to vote against this rezoning. Vice Mayor Stein agreed with C/M Munitz and stated that there is no great need or urgency for rezoning for this project. He stated that the people should not think that there is going to be a park there; something is going to be built there and if the people prefer 214 units, he will also vote against the rezoning. C/M Stelzer advised that the developer has two hurdles to overcome, the first of which is eight items on a memo from Dick Rubin which indicates a violation of the City's codes. He added that secondly the developer must convince the people adjoining the area. C/M Stelzer stated that until the developer overcomes those hurdles, the only thing that Council can do is vote against the rezoning of this project. C/M Munitz MOVED to Deny Rezoning Petition #21--Z-84, Temp. Ord. #1123. C/M Stelzer SECONDED. VOTE: ALL VOTED AYE -23- 7/11/84 /cmt A 24. Budget Amendment - Temp. Ord. #1124 - action to amend the General Fund Budget for First Reading. SYNOPSIS OF ACTION: APPROVED on First Reading, as amended. Also approved the assignment of $1500.00 to the Election Account from the Contingency Account; and $1200 for a guard rail from 30th to 29th Terrace, from the Contingency Account. Discussion and possible Fiscal Year 1983/84. City Attorney Henning read Temp. Ord. #1124, by title. Finance Director Steve Wood advised that funds necessary for this amendment are currently available and are listed in his memo to the City Manager dated June 21, 1984. He added that the City Clerk has suggested that the Election Account in the City Clerk's Office be increased by $1,500.00 to provide for the proposed election in September, which would reduce the amount in the Contingency Account to $276,265.00. He continued that C/M Dunne is also requesting an item for a guard rail which would further reduce the Contingency Account by $1, 200. 00, down to $275, 065. 00. ( See Attach. f 3 ) Mayor Kravitz opened the Public Hearing. Vickie Beech, resident, asked why the budget is being amended. Mayor Kravitz explained that whenever the budget is exceeded, Council must approve an amendment. He continued that requests have been made for certain expenses which)therefore�requires an amendment. C/M Munitz explained that this amendment is a means of shifting funds from one account to another to cover the expenses on last year's budget. Tape Sam Pizzarello, resident, stated his concern over an increase of 8 $390,000.00 and added that whether it is being shifted from one account to another, it is still depleting an existing account. He continued that he is disturbed because if money is taken from the General Fund, it must be replaced by taxes. He referred to a possible overexpenditure by Parks and Recreation. Mayor Kravitz closed the Public Hearing. C/M Munitz advised Mr. Pizzarello that money spent by Parks and Recreation was earmarked for that and did not affect any additional funds necessary from ad valorem purposes. He added that the money appropriated for Parks and Recreation is long past due and will now prove to be of positive use. C/M Munitz pointed out that there is no difference in the budget amount for last year and stated that these concerns will be considered with the 84-85 budget. Vice Mayor Stein MOVED for adoption of Temp. Reso. #1124. C/M Stelzer mentioned anticipated increases in revenues for last year and referred to those on page 1 of the proposed amendment. He asked that Mr. Wood confirm that and Mr. Wood did. C/M Stelzer added that these increases would take care of those expenses and will not affect the millage rate. C/M Stelzer SECONDED the Motion. C/M Dunne referred to the proposed increase and future plans for Parks and Recreation and stated that each time Parks and Recreation builds something, the General Fund will be required to maintain that facility. VOTE: ALL VOTED AYE -24- 7/11/84 /cmt 25. City Council Expenses - Tem . Ord. #1113 Ord. #84-30) - Discussion and possible action to establish a referendum proposing an amendment to Charter Section 4.049 "Compensation and Expenses of Mayor and Council". Second Reading, as amended. SYNOPSIS OF ACTION: PASSED on Second Reading, as amended. ORDINANCE NO. 0-84- 3 o PASSED City Attorney Henning explained that the Ordinance has been amended to remove the reference to the 50-mile radius, and distributed copies of the revised draft. He read Temp. Ord. #1113 (Ord. #84-30), by title. The City Attorney pointed out that the language has been changed on line 20, page 2 of the Ordinance, to read "within Dade, Broward and Palm Beach Counties" instead of "a 50-mile radius". City Attorney Henning referred to a previous problem in that Florida Statutes required that Referendum questions be no more than 75 words and the original Ordinance was well over 100 words. He stated that this revision solves that problem and read the question as it will appear on the ballot. Mayor Kravitz opened the Public Hearing. Sam Pizzarello, resident, stated that there has been much bad publicity on this subject and that he was sorry the subject ever came up. He expressed his hope that the matter would come to a favorable culmination. Mayor Kravitz closed the Public Hearing. Vice Mayor Stein MOVED the adoption of Temp. Ord. #1113. C/M Munitz SECONDED. VOTE: ALL VOTED AYE BOARDS AND COMMITTEES 3. Welcoming Committee - Temp. Reso. #3210 -- Discussion and possible action to appoint two (2) members. SYNOPSIS OF ACTION: APPROVED nomination of Irving Schneider and Rose Popkin (See_Pa.ge-26)_-_ City Attorney Henning read Temp. Reso. #3210, by title. Mayor Kravitz advised that as liaison to that Committee, he would like to nominate Irving Schneider and Rose Popkin. Vice Mayor Stein MOVED to close nominations. C/M Dunne SECONDED. VOTE: ALL VOTED AYE 4. Recreation Board - Temp_• Reso._#3207 - Discussion and possible action to appoint a member. SYNOPSIS OF ACTION: TABLED to next regular meeting. City Attorney Henning read Temp. Reso. #3207, by title. Vice Mayor Stein stated that it was his oversight in not distributing copies of an applica- tion from Gus Frost. Mayor Kravitz recommended that this be tabled in order that Council could review the application. Vice Mayor Stein MOVED to Table. C/M Dunne SECONDED. VOTE: C/M Dunne AYE C/M Munitz Absent C/M Stelzer AYE Vice Mayor Stein AYE Mayor Kravitz AYE -25- 7/11/84 /cmt 3. Welcoming Committee - Temp._Reso. #3210 -- Discussion and possible action to appoint two (2) members. SYNOPSIS OF ACTION: APPROVED appointment of Irving Schneider and Rose Popkin. (See Page 25). RESOLUTION NO. R-84 ,?/.S'PASSED City Attorney Henning advised Council that a vote was needed on the resolution addressed in Item 3. Vice Mayor Stein MOVED to adopt Temp. Reso. #3210 inserting the names of Irving Schneider and Rose Popkin. C/M Dunne SECONDED: VOTE: C/M Dunne AYE C/M Munitz Absent C/M Stelzer AYE Vice Mayor Stein AYE Mayor Kravitz AYE 5. Board of Social Services - Discussion and possible action on: a) Appointment of a member by Temp. Reso. #3211. b) Acceptance of resignation of Mac Meisler. c) Announcement of a vacancy on this board. SYNOPSIS OF ACTION: a) APPROWT) appointment of Thelma Mansdorf with term expiring May 11, 1985; b) Accepted resig- nation of Mac Meisler; c) Announced vacancy. RESOLUTION NO. R-84:?__/(aPASSED a) City Attorney Henning read Temp. Reso. #3211, by title. Vice Mayor Stein nominated Thelma Mansdorf and MOVED to close nominations. C/M Dunne SECONDED. VOTE: C/M Dunne AYE C/M Munitz Absent C/M Stelzer AYE Vice Mayor Stein AYE Mayor Kravitz AYE Vice Mayor Stein MOVED to adopt Temp. Reso. #3211 by inserting the name of Thelma Mansdorf. C/M Dunne SECONDED. VOTE: C/M Dunne AYE C/M Munitz Absent C/M Stelzer AYE Vice Mayor Stein AYE Mayor Kravitz AYE b) C/M Stelzer MOVED to accept the resignation of Mac Meisler. C/M Dunne SECONDED. VOTE: C/M Dunne AYE C/M Munitz Absent C/M Stelzer AYE Vice Mayor Stein AYE Mayor Kravitz AYE c) Mayor Kravitz announced a vacancy on this Board. -26- 7/11/84 /cmt LEGAL AFFAIRS 15. Vacation of Utility Easement - Temp. Ord. #1120 - Discussion and possible action to vacate a�portion Mof a utility easement on Lot 4, Block 17 of Woodlands Section 2, Phase 1. First Reading. SYNOPSIS OF ACTION: TABLED for further clarification. City Attorney Henning read Temp. Ord. P1120, by title. Mayor Kravitz asked for the City Attorney's recommendations and the City Attorney advised that both he and C/M Stelzer have discussed this with Sam Stevens and they recommend approval. He added that this swimming pool is 7Y from the backyard line and the Code provides for 5' setbacks; therefore there would be no encroachment. He continued that this is not a variance, it is a request for vacation of the utility easement as indicated in the exhibits. The City Attorney stated that he has no objections. C/M Stelzer questioned the City Attorney regarding a portion of that easement and the City Attorney advised that letters have been received from FP&L and Southern Bell stating no objections regarding the pool. He suggested that Council could grant the request as far as the easement for the location of the pool is concerned. C/M Stelzer asked for clarifica- 61arifi6ation that only 51 of the easement is to be vacated, and the City Attorney replied that they were requesting that 15' be left and asked Mr. Stevens if this referred to the entire strip or just the area of the pool. Mr. Stevens advised that FP&L would release the pool area but wanted to retain part of the easement. City Attorney Henning suggested that Council could deny the request or approve it with the understanding that there should be a clearer exhibit prior to the Second Reading. Vice Mayor Stein MOVED to TABLE the item. C/M Stelzer SECONDED. VOTE: C/M Dunne AYE C/M Munitz Absent C/M Stelzer AYE Vice Mayor Stein AYE Mayor Kravitz AYE BOARDS AND COMMITTEES 6. Golf Feasibility Committee - Discussion and possible action to reconsider establishment of this committee by Resolution 84-180 (tabled from 6/27/84). SYNOPSIS OF ACTION: No action taken. C/M Stelzer referred to the normal means of nominating and voting of Committee appointments by Resolution. He expressed his concern with this Ordinance in that appointment of members by district for a feasibility committee is politically motivated. He suggested that Council could act as a Feasibility Committee and hold Workshop Meetings on the subject. He MOVED to reconsider 84-180. Motion died for lack of a second. CONSENT AGENDA 7. Items listed under Item #7, 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 5/9/84 - Regular Meeting - Approval Recommended by City Clerk. b) Alan F. Ruf - Consulting City Attorney - 7/5/84 - $1,686.00 - Approval recommended by City Attorney. -27- 7/11/84 /cmt i v � c) Richard S. Rubin.- Consultant City Planner - Services for June, 1984 - $2,850.00 - Approval recommended by City Manager. d) Mitchell Ceasar - Grants Consultant - Expenses - 6/25/84 - $363.94 - Approval recommended by City Manager. e) Authorization for the City Manager to go to bid for copier/duplicator rental for the City Clerk's office. SYNOPSIS OF ACTION: APPROVED a) through c) and e). Removed d) for discussion with Item 13 and then APPROVED for $85.44 (disallowing $278.50). (See Pages 3, 4, and 5) Vice Mayor Stein MOVED to adopt Consent Agenda Items a) through c) and e). VOTE: C/M Dunne AYE C/M Munitz Absent C/M Stelzer AYE Vice Mayor Stein AYE Mayor Kravitz AYE LEGAL AFFAIRS 17, Administrative Variances - Temp. Ord. #1125 - Discussion and possible action to establish administrative variances and authorizing a variance under limited circumstances to be granted without a public hearing before the Board of Adjustment. First Reading. SYNOPSIS OF ACTION: TABLED for a joint meeting of the Planning Commission and the Board of Adjustment, with report to Council. Directed City Attorney to send memo to these two bodies suggesting a joint meeting to discuss the language of the Ordinance and report to Council. Directed City 'Attorney to include in' Ordinance that Council is to be informed of any administrative variance prior to meetings. City Attorney Henning read Temp. Ord. #1125, by title. City Attorney Henning requested that Council Table this action. He explained that this Ordinance will allow for the elimination of technicalities involved with routine variances where all parties agree. He suggested that the Board of Adjustment and the Planning Commission hold a joint meeting to discuss the language of the Ordinance, with report to Council. Vice Mayor Stein suggested that the City Attorney send a copy of this Ordinance to the Planning Commission and the Board of Adjustment for comments and suggest a joint meeting of those two bodies to discuss the language of the Ordinance and report to Council. C/M Dunne asked that the Ordinance include that Council is to be informed of administrative variances prior to the meetings and the City Attorney agreed. Vice Mayor Stein MOVED to Table the item at the request of the City Attorney until the Board of Adjustment and the Planning Commission hold a joint meeting and report back to Council with their opinions and suggested changes to the Ordinance. C/M Dunne SECONDED. VOTE: C/M Dunne AYE C/M Munitz Absent C/M Stelzer AYE Vice Mayor Stein AYE Mayor Kravitz AYE -28- 7/11/84 /cmt Mayor Kravitz adjourned the meeting at 4:30 P.M., and announced that there will be a reconvened meeting. He added that -notices will be sent upon scheduling. ATTEST: /I- ZCFI-�� ASSISTANT CITY CLERK This public document was promulgated at a cost of $ yao. erg or $ II.9 per copy to inform the general public and public officers and employees about recent opinions and considerations by the Council of the City of Tamarac. -29- 7/11/84 /cmt CITY Ur' TAMAR C APMVED AT MEETING QE ATTACHMENT 1 TO MINUTES OF 7111184 CITY COUNCIL MEETING RE: -ITEM #12--d PAGE 1 OF 2 CITY OF TAMARAC OFFICE OF THE CITY ENGINEER INTER -OFFICE MEMORANDUM M e m o To: Laura Z. Stuurmans, City Manager From: Larry Keating, City Engineer Date : July 10, 1984 Subject: Road Resurfacing Reference: #0784-21 Pursuant to our latest discussions on this subject, the following tabulation indicates the costs of the various resurfacing projects I would recommend scheduling as soon as possible: Project 1. N. W. 50th Avenue Commercial Boulevard to Rock Island Road 2. Brookwood Boulevard McNab Road to 64th Street 3. N. W. 58th Court 72nd Avenue to 70th Terr. 4. 75th Street University Drive to 66th Terrace 5. N. W. 66th Terrace 6. N. W. 68th Avenue 7. N. W. 69th Avenue 8.' N. W. 70th Terrace 9. N. W. 72nd Terrace 10. N. W. 71st Avenue 11. N. W. 72nd Avenue Preparation Resurfacing Costs Costs By Public Works By County Contractor $ 4,000 $13,000 3,000 7,500 2,500 3,500 8,000 16,000 600 2,100 3,000 5,000 800 4,500 3,000 2,100 2,000 1,100 3,000 2,500 1,000 2,500 POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS/' AN EQUAL OPPORTUNITY EMPLOYER "30- 7/11/84 /cmt ATTACHMENT 1 - PAGE 2 OF 2 Laura Z. Stuurmans Road Resurfacing Project 12. N. W. 73rd Avenue 13. N. W. 70th Court 14. N. W. 70th Street 15. N. W. 71st Court 16. N. W. 71st Street 17. N. W. 72nd Street 18. N. W. 73rd Street 19. N. W. 75th Court 20. N. W. 75th Street 21. Boulevards TOTALS June 11, 1984 #0684-21 Page Two Preparation Resurfacing Costs Costs By Public Works By County Contractor $ 4,500 $ 5,500 2,500 2,500 2,000 3,000 2,500 3,000 2,500 3,000 2,500 3,000 2,000 4,000 3,500 3,500 2,000 1,000 12,000 49,000 $66,900 $137,300 It is my recommendation that Council approve this list of projects with funds to be taken from the street resurfacing Phase II fund which has current balance of $32,853 supplemented by a transfer of $172,200 from the Capital Reserve Fund as indicated on the attached budget amendment which also needs to be approved by Council. Please contact me if you have any question regarding the above. LJK/brs awrenc J. eating cc: Mayor and Council Steve Wood r City Clerk V Public Works Director r J ' POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS/ AN EQUAL OPPORTUNITY EMPLOYER -31- 7/11/84 /cmt ATTACHMENT 2 TO MTNUTES OF 7/11/84 CITY COUNCIL MEETTNG 7/11/84 RE: ITEM #12- e Date: /f 3 BUDGET AMENDMENT z move that $ P�ZQO from line: item acc unt xS�u Pv number ����!-��-41of the budget named be transferred to line item account number �c �,`-ram �RA'����� ri�1 �'To►h Cf}P��t'L ��x�r�ViLF��4 `� named a,7R� r �2'tiit� FrF'7 i= t-up The balance in the account from which the monies are transferred was $ J`-A6y901,5'ltprior to the transfer and If $ J-7q,9arS subsegveht to the transfer. The amount of money in the account to which the monies are to be transferred was prior to the transfer and $ O . n subsequent to the transfer. �32- 7/11/84 /cmt ATTACHMENT 3 TO MINUTES OF 7/11/84 CITY -COUNCIL MEETING 7/11/84 RE: � Y124 CITY OF TAMARAC, FLORIDA CITY COUNCIL NOTICE OF PUBLIC HEARING PLEASE BE ADVISED THAT THE TAMARAC CITY COUNCIL WILL HOLD A PUBLIC HEARING ON WEDNESDAY, JULY 11, 1984 AT OR AFTER 2:00 P.M., IN COUNCIL CHAMBERS AT CITY HALL, 5811 N. W. 88TH AVENUE, TAMARAC, FLORIDA, REGARDING AN AMENDMENT TO THE GENERAL FUND BUDGET FISCAL YEAR 1983/84. A summary of the Proposed Amendment is as follows: REVENUES Adopted Proposed Ad Valorem $1,838,325 $1,838,325 Interest on Tax Distribution 0 0 Prior Year - Personal Property 0 0 County Held Tax Certificate 0 0 Good Faith County 0 0 Delinquent Ad Valorem 0 0 Sales and Use Taxes 675,000 675,000- Franchise Tax - Electric 1,100,000 1,150,000 Franchise Tax - Telephone 37,000 45,000 Franchise Tax CATV 25,000 25,000 Franchise Tax - Solid Waste 35,000 42,000 Newspaper Collection 1,000 1,000 Burglar Alarm Permits & Fee 100,000 115,000 Occupational Licenses 190,000 205,000 Building Permits 500,000 500,000 Aquatic Weed Control 12,000 12,000 Cigarette Tax 75,000 75,000 State Revenue Sharing 863,000 863,000 Alcoholic Beverage License 13,500 13,500 Homestead Exemption 0 0 Firefighter Supp. Compensation 0 0 Gas Rebate City Vehicle 9,000 9,000 County Road & Bridge Tax 0 55,000 County Occupational License 55,000 55,000 Local Option Gas Tax 252,000 252,000 Candidate Filing Fees 0 0 Protective Inspection Fees 90,000 90,000 Ambulance Fees 55,000 55,000_ Police Special Detail Fees 32,000 32,000 Parking Lot - City 4,500 4,500 Parks & Rec. Prog. Act. Fees 22,000 22,000 Summer Recreation 10,000 10,000 Interim Service Fees 90,000 120,000 Engineering Fees Unrestricted 250,000 330,000 Planning Fees and Revenues 75,000 100,000 Lot Clearing 0 15,000 Parking Violations 12,000 12,000 Fines & Forfeitures (Count 140,000 140,000 Police General & Misc. 12,000 12,000 Sale of Confiscated Items 0 50,000 0 50,000 Miscellaneous Revenue Recycle Oil Sales 0 0 Collection on City Disp. 0 0 Telephone Commissions 0 0 Proceeds from Insurance Claims 0 0 Interest Income 270,000 360,000 Revenue from Sale of Surplus 0 0 Appropriated Fund Balance 1,888,394 1,888,394 Receipts Tran in DP Utilities East 0 0 Tran. in'Vehicle Maintenance -Utilities Ingest 71,300 71,.,33 Receipts from City Hall Renovation 55,O00 5510103 Receipt from Drainage Improvement 21,000 21,000 Receipt from Parks and Recreation 85,500 85,500 Receipt from Capital Construction Drainage 8,800 8,800 Receipt from Sidewalk Project 5,000 5,000 PAGE 1 'OF 2 REVENUES (Continued Adopted Proposed Receipt from Street Resurfacing 7,$oa zs oa $ , $ z 500 76,0 Receipts Tran. in Capital Reserve in Administrative Service Utilities West ,00 80,000 0,000 Tran. In Lieu of Tax Utilities East 7,260 , 03,000 Receipts Tran. in DP Utilities West 0 15,400 153,000 In Lieu of Tax Utilities West 5,00 Receipt from Lease Escrow TOTAL $92353,279 $9 743 279 EXPENDITURES As Amended Pr�osed $ 122,628 $ 129,168 Legislative 168,196 168,196 City Attorney 0 0 Community Development 138,617 139,917. City Manager 291,110 306,110 City Clerk 248,997 262,907 Finance 241,916 241,916 Public Works Administration 245,310 245,310 Public Works Buildings & Grounds 305,730 323,270 Public Works - Streets Division 264,468 264,468 Public Works Vehicle Maintenance 241,284 241,284 City Engineer 350 350 Beautification Committee 900 2,460 Planning Board 10,520 18,480 Charter Board 400 400 Board of Adjustment 3,550 3,550 Public Information Board 25,301 Debt Serv. 1500 Gal. Pumper *Sun 29,824 29,824 Debt Serv. Aerial Trk. *Suniland 25,620 25,620 Debt Serv. Fire Station #2 *Sun 70,206 70,206 Debt Serv. GOB City hall *NCNB 146,000 146,000 Finance - Insurance 140,152 140,152 Personnel 518,500 567,500 General Administrative 2,959,380 3,002,455 Police 1,326,786 1,326,786 Fire Department 033 531,700 564,843 Building & Community Development 700 700 Welcoming Committee _.30 450 Consumer Affairs Board 725,000 760,000 Sanitation Services 0 0 Public Works - Sts., Drains, Grounds 0 0 Public Works - Canals 14,300 14,300 Social Services Board 253,451 292,891 Recreation 152,600 278,465 Contingency 150,000 150,000 Capital Reserve 0 0 Inventory Clearing TOTAL $ 9 3� 5327 9 Pursuant to Section 286.0105, Florida Statutes 11 a person decid,3s to appeal any decision made by the city Counai with respect to art, matter considered at such mect,ng or hearing, ha w0l need a record )f tte procae rings and for such p A -�- purpose, he may need to ensure tt•,at a verbatim record includes Carol A. Evans, Asst. City Clerk the testimony and evidence upon which the appeal is to be based. PUBLISH: Fort Lauderdale News/Sun Sentinel Wednesday, June 27, 1984 Wednesday, July 4, 1984 PAGE 2 OF 2 e' -34- 7/11/84 /cmt