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HomeMy WebLinkAbout1983-07-13 - City Commission Regular Meeting MinutesORIOP P.O. BOX 25010 TAMARAC. FLORIDA 33320 FIRST CLASS MAIL CITY OF TAMA.RA.C, FLORIDA CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDA.Y, JULY 13, 1983 CALL TO ORDER: 9:30 A.M. ANNOUNCEMENT OF TIME ALLOCATIONS - MOTIONS TO TABLE - The Chair at this time will announce those items which have been given a specific time to be heard, and will entertain motions from Council members to table those items which require research. Council may agendize by majority consent matters of an urgent nature which have come to Council's attention after publication. PRESENTATIONS 1. Presentation by Mayor Falck of Certificates of Appreciation to 7/13,Pg. l Virginia Taylor, Patricia Grillo, Herman Marin and Irving Lopatey in recognition of their contributions during terms of Awards pre— sented office as committee members. BOARDS AND COMMITTEES - Temp_. Reso. #2762 - Discussion and pos- 2 Panaction sible n to appoint one alternate member. 7/13,Pg. 3 APPVD. appoint 3. Welcoming Committee - Temp_. Reso. #2763 -'Discussion and pos-7/13,Pg. sible action to appoint one member. f I. Tepper 3 APPVD. appoint . Solomon 4. Board of Adjustment - Temp. Reso. #2764 - Discussion and pos- sible action to appoint two regular members and two alternate members. inade /13,Pgs.3,4 Appointments 5. Board for Social Services - Tem . Reso. #2765 - Discussion and possible action to appoint two members. Pg. 4, 7/137/13APPVDappoini J.Benenfeld, 6. Burglar Alarm Review Committee - Discussion and possible action on: a) Appointment of members to this committee by Temp. Reso. #2706 (tabled from 5/25/83). b) Amendment to Section 14-69(8) of the Code pertainingto _ _ _. #1 053 . First number rstReadinnof bers on this committee by Temp. Ord. _____� Kap Kaplan L. Kapgs.5,6� a) APPVD.appt. L. Fehder. b) TABLED to mtg. 9/14/83 for research by C/Att . 7/13,Pg. $TABLED to mtg. of 9/l4/83 7. Public Information Committee - Temp. Reso. #2766 - Discussion and possible action to appoint a Council member to this committee. CONSENT AGENDA 7/13,Pg. 2a),b),c),d),e) f),h) and i) 8. Items listed under Item #8, Consent Agenda, are viewed to be APPROVED. routine and the recommendation will be enacted by one motion g) REMOVED,anc in the form listed below. There will be no separate dis- then TABLED tc cussion of these items. If discussion is desired, then the mtg. of 7/27/f item(s) will be removed from the Consent Agenda and will be considered separately. PAGE TWO a) Richard S. Rubin - Consultant City Planner - Services for June, 1983 - $3,224.50 - Approval recommended by City Manager. b) Alan F. Ruf - Consulting City Attorney - 7/8/83 - $3,696.05 - Approval recommended by City Attorney. c) Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick, P.A. - Labor Counsel - 5/12/83 and 6/3/83 statements - $4,447.51 - Approval recommended by City Manager. d) Edna L. Caruso, P.A. - Counsel for Leadership Housing vs. City of Tamarac - 6/14/83 - $400.00 - Approval recommended by City Attorney. e) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 6/6/83 - Project 1710-0, Statement #37 - $2,183.40 - Approval recommended by City Engineer. f) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 6/6/83 - Project 1710-10, Statement #2 - $643.25 - Approval recommended by City Engineer, g) Alexander Grant & Company - Auditors - Internal Control Audit progress billing - 6/23/83 - $6,500.00 - Approval recommended by Finance Director. h) Intersection of N.W. 57 Street and N.W. 88 Avenue (tabled from 5110182) - Approval to remove this item from the agenda. i) Woodmont Road Right -of -Way Vacations - Request for partial refund of fees - Approval to extend the tabling action to the meeting of 7/27/83. GENERAL ADM_INISTRATIVE/FINANCIAL /13,Pgs.6-7 - .Reso. 9. Bid Award Temp. #27 68 - Discussion and possible action %PPVD. award to award a bid for aquatic plant control. ake Doctors, t $7.68 per 10. Data Processing ocessing System - Discussion and possible action to acre per moni authorize the upgrade of the Central Processing Unit (CPU) to /13,Pgs.8-9 this system (tabled from 7/7/83). kPPVD.upgradE /13,Pg.9 11. Williams, Hatfield & Stoner, Inc. - Consulting Engineer - Temper PPROVDD Reso. #2741 - Discussion and possible action to approve a revised fee schedule (tabled from 6/22/83). /13,Pg.9 �y l Services - Tem . Reso. #2767 - Discussion and PPROVED 2. Emer enc Medica possible action to renew an EMS Agreement with Broward County for one year. 13.' FP&L Request for Easement - TemF. Reso. #2769 - Discussion and /13,Pg. 23 _ possible action on a request from FP&L for an easement along kPPROVED the east side of the Utilities West complex for installation of a pole and guy wire. 14. Bank Signature Authority - Temp. Reso. #2792 - Discussion and possible action to approve the designation of a third City official authorized to sign checks. 15. Proposed Sister -City Project - Tem . Reso. #2770 - Discussion and possible action to appoint a Commissioner of Human Relation 16. Broward League of Cities - Discussion and possible action. LEGAL AFFAIRS 17. Swales - Temp. Ord. #1054 - Discussion and possible action to amend Chapter 23 of the Code to prohibit placement of certain objects within this area. First Reading. /13,Pg.23 PPVD. as mended /13,Pgs.9,1C PPVD.appoint . Shurr /13,Pg. 10, eport given y C/M Kravit /13,Pg• 1 ABLED to mtg f 7/27/83. PAGE THREE 18. Military Personnel - Temp. Reso. #2771 - Discussion and pos- 7,113/83,Pg.1i sible action to urge the federal government to continue to APPROVED seek the return of American soldiers missing in action in Southeast Asia. PUBLIC HEARINGS - 2:00 P.M. 19. Handicapped Parking Fine - Temp. Ord. #1048 - Discussion and 7/13,Pg.14 possible action to amend Chapter 15 of the Code to establish APPVD.on Sec a fine for parking illegally in a space reserved for handi- & Final Read capped parking. Second Reading. 20. Feeding of Wild Animals - Temp. Ord. #1051 - Discussion and 7/13,Pg•15 possible action to amend Chapter 4 of the Code to prohibit APPVD.on Sec the feeding of ducks. Second Reading. & Final Read 21. Solicitors and Canvassers - Temp. Ord. #1052 - Discussion and 7/13,Pg.15 possible action to amend Chapter 22 of the Code and Ordinance APPVD. on Sec 83-6 to revise the hours for solicitation or canvassing. & Final Read Second Reading. 22. Dry Clean,_U.S.A. - Special Exception Petition #5-Z-83 - Tem 7/13,Pgs.15-1 Reso. #2772 - Discussion and possible action to grant a APPVD. w/Conc special exception to permit a dry cleaning establishment for direct customer service at Three Lakes Plaza (a/k/a Central Plaza), 3204 W. Commercial Boulevard, which is zoned B-2 (Planned Business). 23. Joel and Cathy Pu atch d/b/a 1st Federal Jewelers - Special 7/13,Pg. 16 Exce tion Petition #11-Z-83 - Temp. Reso. #2775 - Discussion APPVD. w/Conc and possible action to grant a special exception to permit the jewelry exchange to conduct a public auction one day a week at Family Mart Shopping Plaza, 7110 N. University Drive, which is zoned B-2 (Planned Business). Cafe V - Special Exc�tion Petition #9-Z-83 - 7/13, 24. Bev_er1� Hi 1 l s.. C_a Pg.17 . _ .Temp. Reso. #2773 - Discussion and possible action to grant a APPROVED special exception to permit a restaurant in Commercial Garden Mall (a/k/a The Gardens), 7041 W. Commercial Boulevard, which is zoned B-2 (Planned Business). 25. Beverly Hills Cafe V - S ecial Exception Petition #10-Z-83 - 7/13/Pg.17 Temp. Reso. #2774 - Discussion and possible action to grant a APPVD.,2 A.M special exception to permit on -premises consumption of local time alcoholic beverages in conjunction with a proposed restaurant closing in Commercial Garden Mall (a/k/a The Gardens), 7041 W. Commercial Boulevard, which is zoned B-2 (Planned Business). 26. Cardinal Industries Incor orated - Rezoning Petition #1.3-Z-83 7/13,Pg.17,11 Temp. Ord._#1055 - Discussion and possible action to rezone a)APPVD. lands at the southwest corner of NW 71 Avenue and Southgate b) APPVD.w/ Boulevard, east of the existing Southgate Gardens Apartments, Cond. from R-3 (Low Density Multiple) to R-4A (Planned Apartments). First Reading. a) Acceptance of Affidavit of Publication, Affidavit of Post- ing and Affidavit of Mailing. b) Consideration of application. COMMUNITY DEVELOPMENT 27. Cardinal Industries Incorporated - Discussion and possible 7/13,Pg.2 action on a request for refund of fees paid in connection wit REMOVED from an application for reserve units. Agenda for future action 28. Commercial Garden Mall (The Gardens) - Revised Site Plan - 7/13,Pg.19 Temp. Reso. #2776 - Discussion and possible action to approve APPVD. w/Conc a revised site plan to reflect the addition of the Beverly Hills Cafe V. PAGE 29. Woodview Tract 38 - Model Sales Facility - Discussion and pos- sible action to renew a model sales permit (tabled from 6/22/83). 30. Three Lakes_ Plaza (Central Plaza) - Model Sales Facility - Discussion and possible action to renew a model sales permit (tabled from 6/22/83). 31. Northwood - Model aFacility - Discussion and possible _ es action to renew a model sales permit and waiver of the 300- foot distance requirement for certificates of occupancy. 32. Concord Village II - Discussion and possible action to extend approval of a site plan. 33. Tamarac Gardens - Discussion and possible action on: a Revision to existing site plan in order to create Site Pla #1 - Temp, _ Reso_. # 2 7 7 7 . b) Amendment to Water and Sewer Developers Agreement for Site Plan #1. 34. Fountain Apartments - n Waiver - Temp. Reso. #2778 - Dis- cussion and possible action to reconsider waiver of the pro- visions of the sign ordinance to allow an over -sized ground sign granted on June 22, 1983. 35. Lot 2, North Laurel Circle - Discussion and possible action t approve a Water and Sewer Developers Agreement for this site. 36. Lot 6, Block 15, The Woodlands, Section 2 - Discussion and possible action to approve a Water and Sewer Developers Agree ment for this site. 37. Sabal _Palm Townhouses - Site Plan - Discussion and possible action to extend approval of a site plan. 38. McNab Plaza North _. Discussion and possible action on: a Calling a warranty bond posted for public improvements Temp. Reso. #2779. b) Calling a warranty bond posted for the construction of N.W. 72 Street - Temp. Reso. #2780. 39. Fairways III - Warranty_ Bond Release - Temp. Reso. #2781 - Discussion and possible action to release a warranty bond posted for public improvements. 40. Woodmont Tracts 68/77 - Warranty Bond - Temg. Reso. #2782 - Discussion and possible action to —call a warranty bond posted for public improvements. 41. Woodmont Tract 54 - Discussion and possible action on: a Renewal of a permit for the use of a model sales facility at another location (tabled from 6/22/83). b) Calling of a warranty bond posted for public improvements Temp. Reso. #2783. 42. Sunniland Bank - Performance Bond - Tem_. Reso. #2784 - Dis- cussion and possible action to call a performance bond posted for public improvements associated with the parking lot expansion. 43. ColonWest Country Club - Performance Bond - Temp. Reso. #2785 - Discussion and possible action to call a performance bond posted for public improvements. FOUR 7/13,Pg. 10 APPVD.for 6 mos.7/11/83 7/13,Pg.10 APPVD.for 6 mos.fr.6/8/E 7/13/Pg.13 APPVD.for 6 mos.7/14/83 7/13,Pgs 13, 14.TABLED t, next red. m 7/13,Pgs.21 22,a) APPVD as corr.b) APPVD.as Am 7/13,Pg.19, App. given 6/22/83;the: rescinded - Pgs.20,21 APPVD.w/cone 7/13,Pg. 11 APPROVED 7/13,Pg. 11 APPVD.,effei date 7/13 7/13,Pgs.22 23,APPVD. w/condition; 7/13,Pg. 24 a) b) APPVD 7/13,Pg. 24 TABLED,V/M to meet wit] MR. Kaliff 7/13,Pg.11,. APPVD.if no- ext."by 7/25 Pgs:24-25. C/Mgr.&C/At- det.act.del 7/13,Pg.11,a APPVD.6 mos from 7/8/83 b)APPVD.if not.ext.7/2. 7/13,Pg.22 TABLED for rem.repairs & cert.cost: 7/13,Pg.12 APPVD. if nc ext.by 7/25 44. Mainlands 1 and 2 Revised Site Plan - Temp. Reso. #2786 - 7/13,Pg.12 Discussion and possible action to approve a revised site plan APPROVED for arts and crafts building addition. PAGE 45. Woodmont Tracts 74/75 - Discussion and possible action on: a Release of a warranty bond posted for public improvements - Temp. Reso. #2787. b) Revision to Site Plan #2 for change of product and reduc- tion of units - Temp. Reso. #2788. c) Revision to Site Plan #3 for change of product in Building 3-A - Temp. Reso. #2789. 46. Cort Furniture Rental - Revised Site Plan - Temp. Reso. #2790- Discussion and possible action to approve a revised site plan for sign relocation. "IVE 7/13,Pg.13 a)APPROVED, b),c) APPVD. w/conditions 7/13,Pg. 4 APPVD.w/fond 47. Woodmont Tract 59 - Revised Site Plan - Temp. Reso. #2791 - 7/13,Pg.22 Discussion and possible action to approve a revised site plan APPVD. to delete guardrail and sidewalk. 48. Southgate Gardens, Inc. - Discussion and possible action 7/13,Pg. 20 regarding the water distribution system for fire protection. 0/Atty.auth. proceed for 49. Land Section 7 - Discussion and possible action to authorize Sp.Ass.Dist. preparation of a land use analysis of this area. 7/13,Pg.6, APPVD, 50. Drainage Improvements in the City - Discussion and possible V/M reported action. cond.exce1ler REPORTS 51. City Council 52. City Manager 53. City Attorney The City Council may consider 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 Following are the residential and com.ercial zoning districts in ,the C i ty : R-1 - Single Family Residence 9-2 - Planned Community Business 9-1B 6 B-3 - General Business R-IC - One -Family Dwelling B-5 - Limited Business District R-2 - Two -Family Dwelling B-6 - Business District RD-7 - Two -Family Dwelling S-1 - Open Space/Recreational R-3U - Row House I-1 - Institrtional R-3 - Low Density Multiple Dwelling W1 - 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 lReports give INo report lReport given CITY OF TAMARAC, FLORIDA REGULAR CITY COUNCIL MEETING JULY 13, 1983 Tape CALL TO ORDER: Mayor Walter W. Falck called the meeting to order 1 on Wednesday, July 13, 1983 at 9:30 A.M. in the Council Chambers. ROLL CALL: PRESENT: Mayor Walter W. Falck Vice Mayor Helen Massaro Councilman Philip B. Kravitz Councilman David E. Krantz Councilman Jack Stelzer ALSO PRESENT: City Manager, Laura Z. Stuurmans City Attorney, Jon M. Henning Assistant City Clerk, Carol A. Evans Secretary, Roslyn Brauner Secretary, Patricia Marcurio MEDITATION AND PLEDGE OF ALLEGIA14CE: Mayor Faick called for a Moment of Silent Meditation followed by the Pledge of Allegiance. PRESENTATIONS 1. Presentation by Mayor Falck of Certificates of Appreciation to Virginia Taylor, Patricia Grillo, Herman Marin and Irving Lopatey in recognition of their contributions during terms of office as committee members. YNOPSIS OF ACTION: Awards presented to irginia Taylor and Herman Marin. Pr:e- entations to Patricia Grillo and Irving opatey held for 7/27/83. Mayor Falck presented Certificates of Appreciation to Virginia Taylor and Herman Marin and congratulated them for their fine work during their terms of office as committee members. In the absence of Patricia Grillo and Irving Lopatey, presentation of their awards was held for the July 27, 1983 meeting. Mayor Falck reported to Council that two checks have been received by the City to be paid into the Pension Plan. One is for $42,203.65 on behalf of the municipal fire fighters and the other is for $42,392.54 on behalf of the police officers. These refunds are paid to the City as a result of a State program under which 1% of the premiums paid for fire, automobile and casualty insurance is reverted bac"- to the City to be placed into the Pension Plan. The Mayor pointed out that the City's Pension Plan has been in existence for only eight years and in that short time this large sum of money was paid into it. V/M Massaro thanked the Mayor for and he was congratulated by Council. LEGAL AFFAIRS his hard work on this project 17. Swales - Temp. Ord. #1054 - Discussion and possible action to amend Chapter 23 of the Code to prohibit placement of certain objects within this area. First Reading. >YNOPSIS OF ACTION: TABLED to Zeting of 7 27/83. -1- 7/13/83 /rb V/M Massaro MOVED to table this item to the 7/27/83 meeting as the Amendment to the Ordinance is not fully prepared.SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE COMMUNITY DEVELOPMENT 27. Cardinal Industries, Inc. - Discussion and possible action on a request for refund of fees paid in connection with an application for reserve units. SYNOPSIS OF ACTION: REMOVED from Agenda for action on future date. V/M Massaro MOVED to Remove this item from the Agenda until a future date when all problems .relating to Cardinal Industries have been resolved. SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE CONSENT -AGENDA 8. Consent Agenda a) Richard S. Rubin - Consultant City Planner - Services for June 1983 - $3,224.50 - Approval recommended by City Manager. b) Alan F. Ruf - Consulting City Attorney - 7/8/83 - $3,496.05 - Approval recommended by City Attorney. c) Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick,P.A. Labor Counsel. - 5/12/83 and 6/3/83 statements - $4,447.51 - Approval recommended by City Manager. d) Edna L. Caruso, P.A. - Counsel. for Leadership Housing Vs. City of Tamarac - 6/14/83 - $400.00 - Approval recommended by City Attorney. e) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 6/6/83 -- Project 1710-0, Statement #37 - $2,183.40 - Approval recom- mended by City Engineer. f) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 6/6/83 - Project 1717-10, Statement #2 - $643.25 - Approval recommended by City Engineer. g) Alexander Grant & Co. - Auditors - Internal Control Audit progress billing - 6/23/83 - $6,500.00 - Approval, recommended by Finance Director. h) intersection of N.W. 57th Street and N.W. 88th Avenue (tabled from 5/10/82)- Approval to remove this item from the agenda. i) Woodmont Road Right -of --Way Vacations - Request for partial refund of fees - Approval to extend the tabling action to the meeting of 7/27/83. SYNOPSIS OF ACTION: Items a), b), c), d), e), f), h) and i) APPROVED. Item g) REMOVED and then TABLED to 7/27/83 meeting. C/M Stelzer MOVED to Approve Items a) through f), h) and i) and Table Item g) to the 7/27/83 meeting so that a representative from Alexander Grant & Company can appear before Council for a discussion of the Internal Control Audit before payment is made. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE Mayor Falck asked the City Manager to contact Alexander Grant & Co. and advise them to have their representative appear at the July 27th Council Meeting. -2- 7/13/83 / rb BOARDS AND COMMITTEES 2. Planning Commission - Temp. Reso. #2.762 -- Discussion and possible action to appoint one member. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R- r 10 PASSED appointment of Irving Tepper. City Attorney Jon Henning read the Resolution by title and C/M Krantz nominated Mr. Irving Tepper to fill this vacancy. C/M Stelzer nominated Mr. Joe Lubin to fill the vacancy. There were no further nominations and the nominations were closed by the Mayor. VOTE: C/M Stelzer - Mr. Joe Lubin C/M Krantz Mr. Irving Tepper C/M Kravitz - Mr. Joe Lubin V/M Massaro Mr. Irving Tepper Mayor Falck - Mr. Irving Tepper V/M Massaro MOVED adoption of Temp. Reso. #2762 appointing Mr. Irving Tepper to fill the vacancy on the Planning Commission, with term to expire on April 15, 1984. Mr. Tepper will replace Mr. Alan Stevens. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 3. Welcoming Committee - Temp.. Reso. #2763 - Discussion and possible action to appoint one member. ^' SYNOPSIS OF ACTION: APPROVED appointment of Edwin Solomon. RESOLUTION NO. R- g /rp 9 PASSED City Attorney Jon Henning read the Resolution by title and C/M Kravitz nominated Mr. Edwin Solomon to fill the vacancy on the Welcoming Committee. C/M Krantz nominated Mrs. Lee Kamerling to fill this vacancy. C/M Kravitz pointed out to Council that Mrs. Kamerling had previously served on the Welcoming Committee and resigned the position. She has recently been appointed to the Parks and Recreation Committee and C/M Kravitz said we should spread our appointments out whenever possible and he feels on that basis �Mr. Solomon sh(5uld--be considered, to give all the residents the opportunity of serving on a committee. V/M Massaro said that she feels Mrs. Kamerling is a knowledgeable and capable person who is educated for the work on the Welcoming Committee; and she feels nothing can replace knowledge and experience. VOTE: C/M Stelzer -- Mr. Edwin Solomon C/M Krantz - Mrs. Lee Kamerling C/M Kravitz -- Mr. Edwin Solomon V/M Massaro - Mrs. Lee Kamerling Mayor Falck - Mr. Edwin Solomon C/M Krantz MOVED the adoption of Temp. Reso. #2763 to appoint'Mr. Edwin Solomon to the Welcoming Committee, with the term to expire on May 11, 1984. SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE 4. Board Of Adjustment - Temp. _Reso. #2764 - Discussion and possible action to appoint two regular members and two alternate members. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R- g � PASSED appointments of Edward Rockwell and Robert Sokol as regular members and John Lachmann and Charles Fox as alternates. City Attorney Jon Henning read the Resolution by title and V/M Massaro MOVED the appointment of Mr. Edward Rockwell and Mr. Robert Sokol as regular members with terms to expire on July 16, 1986; and Mr. John Lachmann and Mr. Charles Fox as alternates, with terms to expire on July 8, 198.4,adopting Tem-Re80.;:#2764.,. SECONDED by C/M Krantz. 5. Board for Social Services - Temp. Reso, #2765 - Discussion and possible action to appoint two members. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R gg -1#7Q PASSED appointments of James Benenfeld and Louis Kaplan. City Attorney Jon Henning read the Resolution by title and C/M Krantz nominated Mr. James Benenfeld and Mr. Louis Kaplan to this Board. Mayor Falck asked if there were further nominations and there were none. C/M Krantz MOVED to adopt Tem Reso. #2765 appointing Mr. James Benenfeld and Mr. Louis Kaplan to the Board of Social Services effective immediately, with terms to expire on July 14, 1984. SECONDED by V/M Massaro. VOTE: COMMUNITY DEVELOPMENT ALL VOTED AYE 46. Cort Furniture Rental - Revised Site Plan - Temp. Rdso. #2790 - Discussion and possible action to approve a revised site plan for sign relocation. YNOPSIS OF ACTION: APPROVED with ondition s. RESOLUTION NO. R-PASSED City Attorney Jon Henning read the Resolution by title and Mr. Steve Cohen, Architect, representing the developer, explained that the sign was moved from the east side of the road to the west side because a building was obstructing it, and it was difficult to see it from the road. Mr. Cohen further explained that when the sign was on the east side of the building, one parking space at the front of the store was lost, which was an inconvenience to the customers who came into the store. He said in addition, the space is needed for a tenant who will be moving into the building and will occupy 4,000 feet, He said another problem with moving the parking space from the front of the building and adding it to the rear, is that semi -trailers come to the jobsite on a weekly basis and the rear area is needed for backup and deliveries to the loading dock. He stated that the sign meets the ten foot setback requirement of the Tamarac City Ordinance, and that a few trees will be added to the area, to improve the appearance. V/M Massaro stated there is an electric service at an inappropriate place, and the sign cannot be placed there. Mr. Cohen explained that the original electrical contractor closed down his business and they are now using another contractor who has'been provided with the revised site plan reflecting the 8 foot wide sign with the planter at the bottom and the ten foot setback from the property line. V/M Massaro MOVED to adopt Tea.`Reso. #2790 approving the revised site plan with the condition that the sign be moved back ten feet from the property line and the planter be approved by the City Planner. SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE -4- 7/13/83 /rb Pape 2 BOARDS AND COMMITTEES 6. Burglar Alarm Review Committee - Discussion and possible action on: a) Appointment of members to this committee by Temp. Reso. #2706 (tabled from 5/25/83). b) Amendment to Section 14-69(8) of the Code pertaining to number of members on this committee by Temp. Ord. #1053. First Reading. SYNOPSIS OF ACTION: a) APPROVED appointment of Louis Fehder. b) TABLED to 9/14/83 meeting for research by City Attorney. RESOLUTION NO. A- SS$ / 7/ PASSED b) City Attorney Jon Henning read the Ordinance by title and V/M Massaro said she is not in favor of the -Ordinance. C/M Kravitz presented to. Council, the Attorney. General's Report of 1980 which states that officers who have appointing power are disqualified from appointment to the offices or positions which they may appoint. C/M Kravitz said he would like this Report to be made part of the record as he interprets it to mean that members of Council cannot work on a Committee. He said that,to the best of his knowledge�at the present time there is no committee which has a Council member on it as Council members are liaisons but not regular members and ne feels that it would be wrong for Council members to serve on a committee as a regular member. Therefore, the Ordinance would benefit the City of Tamarac. (See Attachment 1) City Attorney Jon Henning said for the record, that Report #80-17 is the Attorney General's opinion. He explained that the proposed Ordinance would remove a council member from the Burglar Alarm Review Committee but would not necessary preclude a liaison from being part of the committee. He also stated that the present Ordinance says that four or more members of the public are to serve, but there is no maximum; and the number was fixed at five, at C/M Kravitz request. There is a clarification in the Ordinance, he said, that council members are not voting members but are only in an advisory capacity. The City Attorney explained to Council that there is a provision in our Charter for a council member to serve on the Public Information Committee, as well as a member of the Charter Board to serve on that committee; and if the Attorney. General's opinion is a law, the ramifications would be more than just the Burglar Alarm Committee. He said he sent memos to the Council regarding committees in general and assumes rules and regulations must be made for all committees and this could be addressed at the time all committees are taken into consideration. He said at this time he does not know if it is illegal to appoint a council member to a committee and would like to study the matter further. V/M Massaro MOVED to table action on Tem . Ord. #1053 to the meeting of 9/1.4/831t SECONDED by C/M Krantz. VOTE: C/M Stelzer - Aye C/M Krantz - Aye C/M Kravitz _ Nay V/M Massaro - Aye Mayor Falck -- Aye -5- 7/13/83 /rb a) City Attorney Jon Henning read the Resolution by title and stated that at this time if Council does not wish to appoint, reappoint or address the member of Council who is presently on the Burglar Alarm Committee, the Ordinance can be amended to read, "The following additional person is hereby appointed to this comni.ttee and the present members shall continue to serve at the pleasure of Council". C/M Krantz nominated Mr. Louis Fehder for the open position on the Burglar Alarm Committee. C/M Stelzer nominated Larry Bender for the position. Mayor Falck asked if there were additional nominations and there were none. VOTE: C/M Stelzer - Larry Bender C/M Krantz ` Lour Fehder C/M Kravitz ` Larry Bender V/M Massaro - Louis Fehder Mayor Falck - Louis Fehder V/M Massaro said in September, she will request that an additional person be appointed to the Burglar Alarm Committee because of the outstanding qualifications of Mr. Bender. She said for the record she wished to state that in the past year the Burglar Alarm Committee has collected from various sources, $96,156.25, without anything being taken to court or appealed. V/M Massaro MOVED the adoption of Temp. Reso. #2706, as amended,appointing Mr. Louis Fehder to the Burglar Alarm Committee; and Mr. Fehder to be reconsidered at the same time members are reconsidered for the committee at the September meeting. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE COMMUNITY DEVELOPMENT 49. Land Section 7 - Discussion and possible action to authorize prepara- tion of a land use analysis of this area. SYNOPSIS OF ACTION: APPROVED plan of City Planner. City Manager and amity Planner to attempt to get assistance of developer of south aortion of Land Section 7. Dick Rubin presented to Council, an analysis of his proposal,as outlined in his letter -of July 13,1983. He said he could accomplish the nec essary work for the maximum amount of $13,000.00, to be computed on an hourly basis. Fie explained that this figure could be lowered by $2,000.00 if he could obtain the cooperation of the developer of the south portion of Land Section 7. He said in the meantime, he and the City Manager will contact the developer to determine exactly what they will do to provide services. He said at that time he will report to Council netore starting any work. V/M Massaro MOVED to accept Mr. Rubin's proposal for the fee of up to the amount of $13,500.00 on an hourly basis, and that the City Manager and the City Planner attempt to get the assistance of the developer and owner of the south portion of Land Section 7; and it is vital to do this today because our sod farm cancellation is in jeopardy. SECONDED by C/M Krantz. C/M Krantz pointed out that the three page letter received from Concepts Research & Development was not dated; and V/M Massaro suggested today's date be used on the letter. VOTE: ALL VOTED AYE GENERAL ADMINISTRATIVE/FINANCIAL 9. Bid -award - Temp. Reso. #2768 - Discussion and possible action to award a bid for aquatic plant control. SYNOPSIS OF ACTION: APPROVED award RESOLUTION NO. R- PASSED :o Lakes Doctors, Inc., at $7.68 per acre per month. -6- 7/13/83 /rb City Attorney Jon Henning read the Resolution by title and explained that as per discussions with the City Manager, he would advise that if Council decides to award the bid, there should be an agreement as an addition to the bid which would encompass the specifications and performance parameters. He said that he has prepared a revised Resolution,adding Section 2 which states that the proper City officials are authorized to execute an agreement on behalf of the City, with the above mentioned bidder,to clarify the terms of the bid. V/M Massaro asked whether the specifications call for a starting time, and City Manager Stuurmans advised that the starting time of any individuals who offer bids to the City is predicated upon their re- ceipt of a permit from the Department of Natural Resources of the State, to provide this service to the City. Mr. Gregory Turek, Public Works Director, advised that the permit process takes approximately seven to ten days. V/M Massaro asked whether there is a possibility of obtaining a permit in less time and Mr. Turek said he would attempt to accomplish it. He said he met with the bidder yesterday, who informed him that they would be in a position to start work within seven days. City Manager Stuurmans stated that the recommendation is the bid be awarded to Lakes Doctors, Inc., who are the lowest bidder, for an amount of $7.68 per acre per month for treatment costs described in the bid package as being a secondary maintenance program to treat the weeds which are submersed within the waterways as well as ditchbank weeds to an average of about one foot from the water's edge. She explained that this process would provide the treat- ment necessary for the drainage system as well as the appearance of the canals and would be a hydraulic type of treatment. She said the City will offer the program to the privately owned waterways that currently have their own process, if they choose to join the City's efforts; and if they choose not to, they will be required to sign a document indicating their preference to continue maintenance on their own, and this document will be placed in the City's files. Mr. A. Russell Fox, spoke about the unsanitary conditions of the Sabal Palm canals. He said he would like to go on record, along with the residents of Section 6, to request that the City of Tamarac assume full responsibility for all that is necessary to get these canals into good shape; and that Mr. Turek work in emergency fashion on these canals, to start the work immediately. V/M Massaro said it is urgent that the work be started .immediately in Section 6, followed by Section 7 and the City of Tamarac will take full responsibility for the work involved. City Manager Laura Stuurmans advised that we offered $5,000.00 to the owner of the property, under a court settlement six to eight weeks ago, to perform a maintenance function. The last communication we have had from the owner was a request that under an old arrangement made with past City officials, the City undertake the work. The City Manager pointed out that since the work will cost the City $1,800.00 as opposed to the $5,000.00 offered to the owner, this arrangement is a more economical one. V/M Massaro MOVED to adopt Temp. Reso. #2768, with the provision that the Director of Public Workss immediately assist Lakes Doctors, Inc. in obtaining the necessary permit from the Department of Natural Resources, for the work to be done at a cost of $7.68 per acre per month; and that the work begin in Section 6, followed by Section 7. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE -7- 7/13/B3 /rb BOARDS AND COMMITTEES 7. public Information and possible action committee. SYNOPSIS OF ACTION: TABLED to meeting of 9 14/83, Committee - Temp__ Reso. #2766 - Discussion to appoint a Council member to this C/M Krantz MOVED to table action on Temp. Reso. 2766 to the nentina of September 14, 1983. SECONDED by C/M Kravitz. VOTE : ALL VOTED AYE GENERAL ADMINISTRATIVE/FINANCIAL 10. Data Processing System - Discussion and possible action to authorize the upgrade -'of the Central Processing Unit (CPU) to this system (tabled from 7/7/83). SYNOPSIS OF ACTION: APPROVED upgrade of CPU in amount of 130,000.00, with monies to be taken from the Capital Reserve Fund. City Manager Laura Stuurmans advised Council that to continue the City's current operating level next year,the cost.wo:uld $92,000.00. The disc drive capacity must be increased on the existing CPU in order to maintain the proper level of productivity and reach full potential. In addition, she explained, a night shift operation would be neededrif the system is not upgraded, at a labor cost of $32,000.00 to continue two. accounting clerks in the 1983/84 budget to perform the night shift work and one night shift data processing operator for $25,000.00, The fire inspection, billing and collection program which the City plans to implement next year would cost $5,000.00 to have the work done outside. These. items total the $92,000.00 which must be added to the budget. The City Manager said that the. City has been approached by the Microdata Co., who supply our existing equipment, to supply us with a new piece of equipment that was unavailable at the time we made this procurement. This upgraded central processing unit would cost the City $130,000.00 which includes the trade-in value of our present CPU, which means that the difference to the City would amount to $38,000.00 between our existing CPU and the upgraded unit; and Wbuld provide the City with many more applications. C/M Kravitz said that copies of the minutes of the Workshop Meeting on this subject were distributed to Council, explaining that the upgraded system would provide.many more applications that the City requires. He said that currently we are_utilizing eleven_ annlic-ations a.na. nron-s7_nn fifteen. h)ut if ­e adont the unaraeled system, there would be a savings in labor, in addition to the capability of enhanced work performance. Tape C/M Kravitz MOVED adoption of the plan to upgrade the Central 3 Processing Unit in the,amount of up to $130,000.00, with monies to be taken from the Capital Reserve Fund. SECONDED by C/M Stelzer. C/M Kravitz advised that a question came up at the Workshop Meeting as to how long this upgrade would continue to be effective and those in attendance were informed that it would be at least five years or possibly ten years, so this type of expense would not be 'incurred every two years. -8- 7/13/83 Mayor Falck said one of the considerations at this time relates to Proposition I, which will be voted upon in this State in November; and if it passes, we will be in a better position to cope with increased costs if we continue to utilize the equipment and personnel we already have. 'The Mayor said he feels this will pass and he sees no problem with what is being proposed as relates to the upgrade of the CPU system. VOTE: ALL VOTED AYE 11. Williams, Hatfield & Stoner, Inc. - Consulting Engineer - Temp. Reso. #2741 - Discussion and possible action to approve a re- vised fee schedule (tabled from 6/22/83). SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R- /7.3 PASSED City Attorney Jon Henning read the Resolution by title and City Manager Stuurmans stated that one of the reasons this item was tabled at the last meeting is because the Paid Classification Manual came in close to that meeting date. The requested information has been provided with a notation that the hourly rate for Engineer Grade V should be $J'6.00_per hour and not $66.00 per hour, as noted in the previous schedule. The City Attorney stated that the City has enjoyed the good services of Williams, Hatfield & Stoner for twelve years and as the cost of living affects all organizations, she feelsiYeir request is no out of line. C/M Krantz MOVED to adopt Tem . Reso. #2741 authorizing approval of the revised fee schedule. SECONDED by C/M Stelzer. 12. Emergency Medical Services ...._.. �.ices o. #2767 - Discussion and ^_ - Temp.Res^ possible action to renew an EMS Agreement with Broward County for one year. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R- „j - PASSED City Attorney Jon Henning read the Resolution by title and City Manager Stuurmans advised that under the Fire Ambulance Service proposal which is incorporated in the 1983/1984 budget, this would provide a }basic lie support system. She said Tamarac Fire Department wouia arrive on t e scene as the first responder, as is normally the case now; but EMS as an ad- vanced life support unit, would still be there. The transport of an individual requiring hospitalization would be made by the Tamarac Ambulance Servile.. C/M Krantz MOVED the approval of Tem]2. Reso. #2767 authorizing a one year extension of the Emergency Medical Service Agreement with Broward County. SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE 15. Propose Sister- it Project - Tem Reso. #2770 - Discussion and C _� possible action to appoint a Commissioner of Human Relations. SYNOPSIS OF ACTION: APPROVED appointment of Robert Shurr RESOLUTION NO. R- PASSED City Attorney Jon Henning read the Resolution by title and Mayor Falck explained that ,Mr. Robert Shurr had been appointed to represent the City when he went to Israel; and he is going to Israel again.Thd Mayor said he felt Mr. Shurr should be given the courtesy and recommended that Council appoint him as Commissioner of Human Relations, to be in effect until March 1, 1984. -9- 7/13/83 /rb C/M Kravitz asked whether this appointment will involve any cost to the City, and Mayor Falck said that it will not. C/M Krantz MOVED the approval of Ted. Reso. #2770 appointing Mr. Robert Shurr as Commissioner of Human Relations, in effect until March 1, 1984. SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE 16. Broward Lea ue of Cities - Discussion and possible action. SYNOPSIS OF ACTION: C/M Kravitz reported there will be no Member- ship or Board meetings in July. C/M Kravitz reported that there will be no Board or Membership meetings in July. He said the League is doing an outstanding job and their reports to Council are very enlightening. He stated that Councilreceived a memorandum from Mr. Johnson, the County Administrator, on July 8th, with reference to municipal elected officials, and Broward County is finally getting the recognition it should, LEGAL AFFAIRS 18. Military Personnel - Temp. Reso. #2771 - Discussion and possible action to urge the federal government to continue to seek the return of American soldiers missing in action in Southeast Asia-. ;YNOPSIS OF ACTION: APPROVED RESOLUTION NO. R- Yj / 7g PASSEL City Attorney Jon Henning read the Resolution by title and C/M Krantz MOVED to adopt Temp. Reso. #2771. SECONDED by V/M Massaro. VOTE: ALL VOTED AYE COMMUNITY DEVELOPMENT 29. Woodview Tract 38 - Model Sales Facility - Discussion and possible action to renew a model sales 6Pxmit (tabled from 6/22/83). SYNOPSIS OF ACTION: APPROVED renewal for six months from 7/11/83. V/M Massaro MOVED to renew the model sales permit for six months from July 11, 1983. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 30. Three Lakes Plaza (Central Plaza) - PZodel Sales Facility - Discussion and possible action to renew a model sales permit (tabled from 6/22/82). SYNOPSIS OF ACTION: APPROVED renewal for six months from 6/8/83. V/M Massaro said she previously asked this be held because there was a question about the estimated costs since certain elements were not included. The applicant has revised the estimated costs, subject to later certification of these costs and a check was submitted in the amount of $1,300.00. She said in view of these facts, she would MOVE the approval of the permit for the model sales facility for a period of six months from the expiration date of June 8, 1983. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE -10- 7/13/83 /rb 35. Lot 2, North Laurel Circle - Discussion and possible action to approve a Water and Sewer Developers Agreement for this site. SYNOPSIS OF ACTION: APPROVED V/M Massaro MOVED the approval of the Water and Sewer Developers Agreement for this site. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 36. Lot 6, Block 15, The Woodlands, Section 2 - Discussion and possible action to approve a Water and Sewer Developers Agreement for this site. SYNOPSIS OF ACTION: APPROVED Agreement, changing effective date to 7/13. V/M Massaro MOVED the approval of the Water and Sewer Developers Agree- ment, changing the date to July 13. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 40 Woodmont Tracts 68 77 Warrant Bond Tem Reso # Discussion and possible action to call a warranty bond posted for public improvements. SYNOPSIS_OF ACTION: APPROVED if RESOLUTION NO. R- E3 /8� PASSED not extended by 7/25/83. City Manager and City Attorney to determine action Dn delinquent guaranteed revenues (see also Pages 24 and 25), . City Attorney Jon Henning read the Resolution by title and V/M Massaro said she has spoken with Mr. Epple of the Montwood Corp. and he has ad- vised that.The First National Bank of Chicago will extend the. Letter of Credit; and she indicated to him that if this were not done by July 25, the bond would be called; and she so MOVED. SECONDED by C/M Krantz, VOTE: ALL VOTED AYE V/M Masaro stated that her Motion applies to Tract 68, Tract 77 is under a separate bond; and Mayor Falck requested this be noted by the City Clerk. 41. Woodmont Tract 54 - Discussion and possible action on: a) Renewal of permit for use of a model sales facility at another location (tabled from 6/22/83). b) Calling of a warranty. bond posted for public improvements - Temp. Reso. #2783. ;YNOPSIS OF ACTION: a) APPR%VED for 6 months from 7/8/83 subject to on ) being extended by 7/25/83, RESOLUTION NO. R-- JLj /g f PASSED ))`APPROVED if not extended by 7/25/83. b) City Attorney Jon Henning read the Resolution by title and V/M Massaro stated that Mr. Epple assured her that the Letter of Credit would be extended by The First National Bank of Chicago and she MOVED the bond will be called if not extended by 7/25/83. SECONDED by C/M Kravitz. _ a) V/M Massaro MOVED the renewal of the permit for use of a model sales facility at another location, subject to the appropriate bond being in the hands of the City by July 25. SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE -11- 7/13/83 /rb y C _ X Club - Performance Bond - Temp. Reso. #2785 - 43. Colon West County G1 Discussion and possible action to call a performance bond posted for public improvements. SYNOPSIS OF ACTION: APPROVED if not extended by 7/25/83. RESOLUTION NO. R- $,3-/Iyo PASSED City Attorney Jon Henning read the Resolution by title and V/M Massaro advised Council that she received a letter from the applicant indicating that NCNB will renew the Letter of Credit not later than Friday of this week; and she MOVED to Approve Temp. Reso. #2785 to extend the bond and if not received by the City by July �25th , the bond be called. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 44. Mainlands 1 and 2 - Revised Site Plan -- Tem . Reso. #2786 -- Discussion and possible action to approve a revised site plan for arts and crafts building addition. SYNOPSIS` OF ACTION: APPROVED RESOLUTION NO. R- 7.3 ^,/'P/ PASSE City Attorney Jon Henning read the Resolution by title and V/M Massaro explained that there is no problem with setbacks and they are addinq more parking places to accommodate the additional space, as required by Code, and she MOVED the approval of Temp. Reso. #2786. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 50. Drainage Im rovements in the City - Discussion and possible action. SYNOPSIS OF ACTION: Despite bad Breather, drainage has been ex- :ellent. V/M Massaro stated that despite the recent storms, there have been no problems in the City with drainage. She said this is the result of the City's retention requirement and the City should never relax this or it will be regretted if a hurricane was experienced. THE MEETING WAS RECESSED TO 1:30 FOR LUNCH -12 7/13/83 /rb MEETING WAS CALLED TO ORDER AT 1:30 P.M. AND ALL WERE PRESENT. Tape �' COMMUNITY DEVELOPMENT 45. Woodmont Tracts 74/75 - Discussion and possible action on: a Release of a warranty bond posted for public improvements - Temp. Reso. #2787. b) Revision to Site Plan #2 for change of product and reduction of units - Tem Reso. #2788. c) Revision to Site Plan #3 for change of product in Building 3-A - Temp. Reso. #2789. SYNOPSIS OF ACTION: a) APPROVED, RESOLUTION NO. R!� _ f PASSED. b) and c) APPROVEp with conditions. RESOLUTION NO. R_ PASSED. � RESOLUTION NO. R- — PASSED. a) C/M Stelzer read the Resolution by title and V/M Massaro said the remedial work has been completed and she MOVED APPROVAL of Temp. Reso. #2787 releasing the warranty bond. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE b) Jon Henning read the Resolution by title and Julian Bryan, representing the applicant, said this was initially approved with 59 three bedroom, 2-1/2 bath townhouse units. He said this change is to Buildings E and F where 4 three bedroom units were eliminated and 2 four bedroom units were added with a net result of a loss of 2 units on Site Plan #2. He said this would result in a slight decrease in the required number of parking spaces of approximately 2 spaces, however, they continue to have the same number of n?rkinn cna.rpg. Mr. Henning asked if there was an amendment to the Water and Sewer Agreement and Mr. Bryan said on Site Plan #4 there would be an adjust- ment made. V/M Massaro MOVED that Temp. Reso. #_2788 be APPROVED as to the revisions of Site Plan #2 but that the Water and Sewer Agreement be subject to review by the City Attorney to be discussed at the next meeting. She added to her MOTION that the review of the Water and Sewer Agreement be not later than with review of Site Plan #4. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE c) Jon Henning read the Resolution by title and V/M Massaro said the same MOTION would apply and she MOVED APPROVAL of Temp. Reso. #,2789 approving Site Plan #3. SECONDED by C/M Krantz. vnTF- ALL VOTED AYE 31. Northwood II - Model Sales Facilit - Discussion and possible action to renew a model sales permit and waiver of the 300-foot distance requirement for certificates of occupancy. SYNOPSIS OF ACTION: APPROVED for 6 months from 7/14/83. V/M Massaro said the appropriate fees are paid and she MOVED that the C month extension for the model sales center be APPROVED for 6 months from 7/14/83, SECONDED by C/M Krantz. vnTF- ALL VOTED AYE 32. Concord Village II - Discussion and possible action to extend approval of a site plan. SYNOPSIS OF ACTION: TABLED to the next regular meeting. -13- 7/13/83 /pm Julian Bryan, representing the petitioner, said there were some -. conditions that staff and the Planning Commission requested and there were a number of changes made to the plan a year ago to bring it into conformance with existing Code requirements for parking lot lighting and fencing around the pool enclosure, as well as the moving of fire hydrants at the request of the Fire Department. He said he had neglected to make a note on the site plan that they would curb the west side of the median on NW 84 Terrace and they have agreed that would be done as a part of the developmental project along with the moving of an existing bus shelter on the east end of the property on 61 St. V/M Massaro said she would like it put on record that as of 7/6/83 the Engineering Department submitted a list of items that the applicant is required to add to the site plan or to be carefully reviewed and considered part of it. (See Attachment 2). She MOVED that the two conditions stated by Mr. Bryan concerning the curbing on the west side of the median on N14 64 Terrace and that the owner of the property, whoever he is at the time, will absorb, the expense of moving the bus shelter if necessary, be added to the attached list of 13 conditions. She added that it will be subject to upgrading all estimated costs in the bond amount before any permit can be issued and to all current fees at that time. She said if any fees, including water and sewer equivalent residential connection fees are increased, all fees at time of building permit application will apply irrespective of any agreements in effect at the present time or in the past. She asked Mr. Bryan if this property is being considered to be sold for low income housing and Mr. Bryan said there is no intention of this being developed as a low- income rental or any type of rental. Mr. Bryan said he cannot say there might not be an eventuality where any number of units may be rented. V/M Massaro asked if the Shell Oil Co. would be willing to give the City a letter stating that this will not be considered for low-income rental housing and Mr. Bryan said he could get a letter of intent from Mr. McKay. V/M Massaro MOVED that this item be TABLED to the next regular meeting to give Shell Oil Co. an opportunity to submit a letter indicating that this will not be a low-income housing project, the site plan would be extended to the next regular meeting. She included in her MOTION that any connections that were paid for are being honored. SECONDED by C/M Krantz. VOTE: PUBLIC HEARINGS ALL VOTED AYE _ 9. Handicapped ParkingFine p Temp_. Ord. #1048 - Discussion and pos- sible actionPto amend Chapter 15 of th e Code to establish a fine for parking illegally in a space reserved for handicapped parking. Second Reading. SYNOPSIS OF ACTION: APPROVED on ORDINANCE NO. 0- �j - 3 3 PASSED. second and final reading. Jon Henninc read the Ordinance by title and Mayor Falck opened the public hearing. Vickie Beech, resident of Section 20, asked for an interpreta- tion of the Handicapped Parking Ordinance by the City Attorney and he said the definition of a handicapped person in the Ordinance states, "a severely, physically disabled individual with permanent mobility problems which substantially impair his/her ability to ambulate, who has been issued an exemption entitlement parking permit pursuant to F.S. 320.0848". Mr. Henning said the County passed a Handicapped Parking -Ordinance with a maximum $500 fine and requires a court 7/13/83 -14- /pm appearance. The City Attorney said the City has a set for the fine and a simplified way to mail it in rather a court appearance. He said the City will apparently some County Commissioners urging the City not to have this type because they preempt the County Ordinance. resident, said the State has a maximum fine of $100. questioned whether the City should.set a definite fine Mayor Falck closed the public hearing with no further V/M Massaro MOVED the ADOPTION of Temp. Ord. #1048 on reading, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE rate of $50 than requiring be contacted by an Ordinance of Lou Vladem, Morton Student amount. response. second and final 20. Feeding of Wild Animals - Temp. Ord. #1051 - Discussion and pos- sible action to amend Chapter 4 of the Code to prohibit the feeding of ducks. Second Reading. IYNOPSIS OF ACTION: APPROVED on second ORDINANCE NO. O—'9,�- PASSED. and final reading. Jon Henning read the Ordinance by title and Mayor Falck opened the public hearing. Veronica Lebret, resident, said she feels a fine and threat of jail is an unnecessary hardship to residents. Gary Growler, resident, suggested this is an uoenforceaule law. Mayor Falck closed the public hearing and said he feels this Ordinance is needed. V/M Massaro agreed that the ducks do create a problem. Fape 5 C/M Kravitz said he is opposed to passing this Ordinance because it is very difficult to enforce. V/M Massaro said this Ordinance would be a deterrent and C/M Stelzer agreed and MOVED to ADOPT Temp. Ord. #1051, SECONDED by V/M Massaro. D111111 i C/M Stelzer Aye C/M Krantz Nay C/M Kravitz Nay V/M Massaro Aye Mayor Falck Aye 21. Solicitors and Canvassers - Temp. Ord. #1052 - Discussion and pos- sible action to amend Chapter 22 of the Code and Ordinance 83-6 to revise the hours for solicitation or canvassing. Second Reading. SYNOPSIS OF ACTION: APPROVED on second ORDINANCE NO. PASSED. and final reading. Jon Henning read the Ordinance by title and Mayor Falck opened the public hearing. Ray Munitz asked if anything has happened that might make the existing Ordinance ltimes defensible and Mr. Henning said no. The courts are seeking a time of 9:00 a.m. to 9:00 p.m. and this is a compromise time. Mayor Falck closed the public hearing with no further response. V/M Massaro MOVED the ADOPTION of Temp. Ord. #1052 on second and final reading, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 22. Dry Clean, U.S.A. - Special Exception Petition #5-Z-83 - Te�Res.o. #2772 - Discussion and possible action to grant a special exception to permit a dry cleaning establishment for direct customer service at Three Lakes Plaza (a/k/a Central Plaza), 3204 W. Commercial Boulevard, which is zoned B-2 (Planned Business). ;YNOPSIS OF ACTION: APPROVED RESOLUTION NO. R- �PASSED. di th conditions. _�5_ 7/13/83 /pm Jon Henning read the Resolution by title and Mayor Falck opened the public hearing. Morton Student, resident, expressed his objections to trucks bringing extra work to this store and V/M Plassaro said this is because of the fire that took place at the Family Mart Shopping Plaza and they have since located at Sheppard Plaza but they do not do the work there. She said it was supposed to only be a drop-off or pick-up at Tamarac Town Square and because they are not doing their own work, they are bringing that to this facility to be cleaned there and they are not licensed for that. She said this store is in viola- tion and should be visited by the Code Enforcement Officer and if in violation, they should take the necessary steps to take appropriate action. Mayor Falck closed the public hearing with no further response. Mr. Henning said this is an application at 3 Lakes Plaza and is not in operation there today. They are seeking to have on -site cleaning for those items brought in. He said there has been discussion and dispute as to what the operations are at the two locations of Sheppard Plaza and Tamarac Town Square and this is being checked now. Barry Eden, attorney for Dry Clean, U.S.A., said there is no residential area close by and this work would be for this location only. V/M Massaro MOVED APPROVAL of Temp. Reso. #2772 subject to it absolutely being only a customer drop --off and pick-up. There is to be no cleaning from other stores or establishments and the City staff is to bring back answers to the specific questions raised by Mr. Student and the problem be addressed that may be in existence in Tamarac Town Square. Jon Henning clarified the Motion to state that this is on -site cleaning from the customer drop-off and pick-up at that location only. SECONDED by C/M Krant VOTE: ALL VOTED AYE V/M Massaro said she would like the City Manager to follow through on this. 23. Joel and Cat.hy Pu atch d/b/a lst Federal Jewelers - Special Exception Petition #11-Z-83 - Tem.. Reso. #2775 - Discussion and possible action to grant a special exception to permit the jewelry exchange to conduct a public auction one day a week at Family Mart Shopping Plaza, 7110 N. University Drive, which is zoned B-2 (Planned Business). SYNOPSIS OF ACTION: APPROVED with conditions. RESOLUTION NO. R— PASSED. Jon Henning read the Resolution by title and Mayor Falck opened the public hearing. Ray Munitz asked if they are being required to increase the number of parking spaces to accommodate more people in that area for this purpose. Barry Eden, attorney for the petitioner, said this was approved by the Planning Commission with certain conditions: I. there will be no broadcast speakers outside of the building, and any and all sounds of the auction will not be heard outside of the premises. 2. Accompanying the petition to Council, there will be an area of 1,500 square feet delineated for auction space. This special exception is for that delineated space only. 3. The hours of the auction shall be one day a week, 7:00 to 10:30 P.M. Mayor Falck closed the public hearing and C/M Kravitz MOVED to ADOPT Temp. Reso_. #2775 to grant the permit at the jewelry exchange to conduct the auction for one day a week at the Family Mart Plaza. V/M Massaro added to the MOTION that all selling be indoors in a reserved section of 1,500 square feet or less, that there be no outdoor speakers and that it be restricted to the hours of 7:00 to 10:30 P.M. She suggested it should be stipulated that there be a trial period of 6 months because of the parking situation. Mr. Eden said there is more than sufficient parking in that area during those hours and Council concurred. The City Planner said there are 20 extra spaces there. V/M Massaro added to the MOTION that they must get the appropriate Occupational License. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 7/13/83 —16 — /pm 24. Beverly Hills Cafe V - Special Exception Petition #9-Z-83 - Temp_. Reso. #2773 - Discussion and possible action to grant a special exception to permit a restaurant in Commercial Garden Mall (a/k/a The Gardens), 7041 W. Commercial Boulevard, which is zoned B-2 (Planned Business). ;YNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-- 7.5fe<ey PASSED. Jon Henning read the Resolution by title and Mayor Falck opened and closed the public hearing with no response. C/M Stelzer asked if there were enough parking spaces in this location for a restaurant and the City Planner said they will be recommending approving the revised site plan which includes more parking required by the restaurant. Jeffrey Gross, architect for the project and representative of Beverly Hills Cafe V, said the present owner of the shopping center is not the original owner who built the shopping center. hie said at the time the center was built it was required that the Drainage Improvement Fee be paid but it was never collected. Mr. Gross consulted with the owner and said they are in agreement to pay that amount of $642.50. V/M Massaro MOVED that Temp. Reso. #2773 be APPROVED authorizing the special exception to permit the restaurant. SECONDED by C/M Stelzer VOTE: ALL VOTED AYE 25. Beverly Hills Cafe V - Special Exception Petition #10-Z--83 - Temp.. Reso. #2774 - Discussion and possible action to grant a special exception to permit on -premises consumption of alcoholic beverages in conjunction with a proposed restaurant in Commercial Garden Mall (a/k/a The Gardens), 7041 W. Commercial Boulevard, which is zoned B-2 (Planned Business). ')YNOPSIS OF ACTION: APPROVED with RESOLUTION NO. R— g'3—/ F2 PASSED. :he local closing time of 2:00 A.M. Jon Henning read the Resolution by title and Mayor Falck opened and closed the public hearing with no response. V/M Massaro MOVED the ADOPTION of Temp. Reso. #2774 granting a special exception to permit on -premises consumption of alcoholic beverages in conjunction with the restaurant in Commercial Garden Mall with the local closing time of 2:00 A.M., SECONDED by C/M Krantz. VOTE: ALL VOTED AYE Industries Incorporated - Rezoning Petition #1 26. Cardinal Indus_t3-Z-83 -_ Temp. Ord. #1055 - Discussion and possible action to rezone lands at the southwest corner of NW 71 Avenue and Southgate Boulevard, east of the existing Southgate Gardens Apartments, from R-3 (Low Density Multiple) to R-4A (Planned Apartments). First Reading. a) Acceptance of Affidavit of Publication, Affidavit of Posting and Affidavit of Mailing. b) Consideration of application. SYNOPSIS OF ACTION: a) APPROVED Affidavits )f Publication, Posting and Mailing, )) APPROVED with conditions. b) Jon Henning read the Ordinance by title and the City Planner said the parcel is 5.2 acres in size, east of University Drive, south of Southgate Boulevard and adjacent to the west side of 71 Ave. He said the parcel is vacant and was part of the original plat from this entire area and is already platted. He said the City's Land Use Plan has shown this parcel to permit between 10 and 15 dwelling units per acre. hie said the zoning is R3 and the applicant is requesting rezoning this property to R4A to increase its density from 10 dwelling units per acre to 12. He said the applicant has submitted voluntary deed restrictions agreeing to keep only 12 units per acre on that property and this would be 10 dwelling units collectively, with a total of 62. 7/13/83 —17— /pm Mr. Rubin said this was approved by the Planning Commission with several suggestions and staff recommends approval. Mayor Falck opened the public hearing. Lou Vladem, resident, asked if this was going to be condominium or rental and V/M Massaro said this will be rental but is not low-income housing. Florence Bochenek, Chairwoman of the Beautification Committee, asked how the size of this property compared with the site Council visited in their tour and V/M Massaro said it will not be as spacious because there is not the acreage for it but Tape they are very landscape -conscious. She said the zoning on that property 6 would provide less beautification than they will because they would only be required to do what the Code requires and they far exceed this in their developments. Jim Brady, attorney representing Cardinal Industries, said this site averages 11.9 units an acre. He said they are essentially stating that they want the R3 zoning but they want 10 extra units on that land. He said he gave a Declaration of Covenant which the City had approved in another transaction as well as a Developer Review Agreement which they would be prepared to sign to resolve other concerns of the City concerning fire protection, roads, impact, etc. He said he hand de- livered a letter to the Mayor this morning with copies to the City Planner, City Attorney and Vice Mayor which capsulizes some of the discussion they have had about fees which will result from the impact which this will have and they stand by that letter. Mr. Brady said their problem is one of time since they are the contract buyers for the property and they hope to accomplish everything no later than mid -September. tie said they will have all the agreements in order by the July 27th meeting. V/M Massaro outlined the issues discussed: 1. An D" water line being installed which is needed from 71 Ave. to run to the end of this property, which includes the existing Southgate Gardens. 2. A tri-party agreement is needed between the City, Cardinal In- dustries and Southgate Gardens and Cardinal Industries had indicated that the City does not enter into the cost of this line. 3. An agreement between the City and Gene Toll (Southgate Gardens) called Mission Lakes at that time, stipulated that whoever builds on the other side of 71 Ave., which Mr. Toll constructed, would absorb half the cost of construction. 4. Approximately $7,042 would be assumed for this by Cardinal In- dustries until this is resolved, the figure of $10,500 would be escrowed and the final figure between Gene Toll and Cardinal In- dustries would be determined at which time overpaid monies would be returned to Cardinal Industries. 5. Until such time, they would be required to pay half of what is presented to them. 6. Cardinal Industries has agreed to pay $2,000/unit for 10 additional units above the number allocated to be earmarked for traffic control and street improvement purposes. 7. Covenants limiting the number of units are needed and should be drawn up within the next 2 weeks by a Letter of Agreement. S. All agreements needed are to be presented to Council before the 7/27/83 meeting. 9. The number of units is to be no more than 62. Mayor Falck closed the public hearing and V/M Massaro MOVED that the rezoning of R3 to R4A be APPROVED subject to the conditions as outlined by her and that whatever agreements are needed be in order and ready to present to Council before the next regular meeting. SECONDED by C/M Krantz VOTE: ALL VOTED AYE a) C/M Krantz MOVED to APPROVE the affidavits of publication, posting and mailing, SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE —18— 7/13/83 /pm COMMUNITY DEVELOPMENT 28. Commercial Garden Temp, Reso. #2776 p a revised site 1 . Cafe V. ;YNOPSIS OF ACTION: APPROVED ji th condi ti ons . Mall (The Gardens) - Revised Site Plan - - Discussion and possible action to approve an to reflect the addition of the Beverly Hills RESOLUTION NO. R-- PASSED. Jon Henning read the Resolution by title and Richard Rubin said 19 new parking spaces are being provided by this site plan in order to satisfy the new restaurant's parking requirements. He said staff has requested that the applicant replace the 7 missing shade trees and he has agreed to do that. V/M Massaro sa-id that upon receipt of the check for $642.50, which was presented to the Assistant City Clerk, she MOVED APPROVAL of the site plan as presented with the requirement of 7 shade trees being installed on the north and south side of the property to conform to the Code requirements and that striping for the fire lane be placed and "Stop" signs be placed at all exits. These requirements are to be shown on the mylar. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 34. Fountain Apartments - Sian Waiver - Temp. Reso. #2778 - Discussion and possible action to reconsider waiver of the provisions of the sign ordinance to allow an over -sized ground sign granted on 6/22/83. ;YNOPSIS OF ACTION: Approval given on 6/22/83 'escinded and item reconsidered. (See Pages 20 & 21). Jon Henning read the Resolution by title and V/M Massaro MOVED that Council reconsider the Resolution passed on 6/22/83, Temp. Reso. #2758, based on information given to Council at that time. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE V/M Massaro said she objected to this when it was proposed originally and she MOVED that the action Council took at the 6/22/83 meeting be rescinded and action on this item will be reconsidered. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE V/M Massaro advised Mr. Getelman, owner of the Fountain Apartments, that there is an outstanding water and sewer bill in the amount of $804.79 and he said he was unaware of this until now. She said both properties in front and next to Fountain Apartments are not being maintained properly and she requested the City Manager send the Code Enforcement Officer there to cite both of these pieces of property. She suggested that the appropriate size sign to give Mr. Getelman proper display and still be aesthetically acceptable to the neighbors would be 4' by 7', off the ground 2'6" which would give a 6'6" height and 7' long. She said at the base, the appropriate planter required by Code must be placed around it. She said in the front, it would have to be not less than 10' from the sidewalk and could be within 3' or 4' of the west property line if it is kept within the area where the berm has been placed by the County to close off that street. She said if it is moved further north to where the street ends, it would have to be 10' from the property line. Florence Bochenek, Chairwoman of the Beautification Committee, said they only approved a sign of a much smaller size. Discussion on this item was continued on Pace 20„ to determine who has the responsibility for the outstanding utility bills. 7/13/83 _fig_ /pm 48. Southgate Gardens, Inc. - Discussion and possible action regarding the water distribution system for fire protection. SYNOPSIS OF ACTION: The City Attorney was authorized to initiate procedures for Special Assessment District to require an 8" water line be installed to insure proper fire protection. V/M Massaro said this was discussed before and in order to move forward on this she MOVED that the City Attorney be authorized to initiate procedures for Special Assessment District to require the 8" water line to be installed to insure proper fire protection. SECONDED by C/M Krantz. Mr. Jim Brady, representing Cardinal Industries, said Cardinal is Prepared to pay their fair share of the assessment, if passed, in order to install this 8" line and they will escrow that sum of money so that the City will be assured that this will be there. V/M Massaro said it is estimated that this may be as high as $50,000 and Mr. Brady said they do understand that. Mr. Brady said this is a line of installation that runs approximately 400' east of University Drive on the south side of Southgate Boulevard with two developments there, Southgate Gardens Condominiums and Cardinal Industries property. He said the line turns about 150' down NW 71 Avenue on the west side, on Cardinal Industries property and when this installation is made, there is a loop that has been created. Mr. Brady said Cardinal Industries' engineer studied this with an approximate cost study of $50,000, however, if the appropriate easements could not be obtained, requiring that the line be put in the public right-of-way, necessitating taking up the sidewalk or the roadway, the cost would escalate to over $100,000. He said the best solution would be a tri-party agreement or through a Special Assessment, a Right of Use on a planting easement on the Southgate Gardens plat, then Cardinal Industries could give the City what is needed on the NW 71 Ave. side. He said Cardinal has also volunteered to enter into an appropriate Developers Agreement whereby, in the course of their con- struction, they would hire the engineers to put the line in. VOTE: ALL VOTED AYE 34. Fountain Apartments - Si_q_p__Waiver - Temp. Reso. #2778 - Discussion and possible action to reconsider waiver of the provisions of the sign ordinance to allow an over -sized ground sign granted on 6/22/83. SYNOPSIS OF ACTION: APPROVED with RESOLUTION NO. PASSED. conditions. (See Page 19). Steve Wood, Finance Director, said the previous owner had two accounts. In the regular account, after the deposit was applied, there was a balance remaining of $757.47 and on the Irrigation Meter, after the deposit was applied there was a balance of $47.32. Mr. Wood said Mr. Tape Bernie Morris closed his account on 12/17/82. He said these are the 7 previous balances from the previous owner. V/M Massaro asked Mr. Wood what the account showed on 12/1/82 when Mr. Getelman purchased this property and Mr. Wood said there was a billing on 11/19/82 and the next billing was on 12/17/82. fie said the last payment made before the deposit was applied was made on 10/27/82. Mr. Wood said the bills rendered on 11/19/82 and 12/17/82 were not paid by anyone. Mr. Getelman said he was never advised of this arrearage. V/M Massaro MOVED that Mr. Getelman of the Fountain Apartments be permitted to place a sign on the separate property, which is adjacent to Fountain Apartments, with the understanding that if he sells that property that that property owner can request that sign be taken down. The City must notify him to that effect and he would have to remove it _20— 7/1.3/83 /pm within 10 days. The new location is 10' from the property line on the south boundary and 4' from the western boundary, providing it is within the area where the berm is. If it is put beyond that where the road is, they must be 10' back. Jon Henning said the Resolution would be amended to state in Section 1, "approval of a 4' x 7' ground sign. In Section 2, "approval of the beautification by the City Planner and the sign to be located as indicated on the application and, if the property is sold, this is subject to reconsideration by Council"'. V/M Massaro said Mr. Getelman may or may not be required to pay the amount of $804.79 for the outstanding bills, pendi.no Council's investigation. She MOVED APPROVAL of Temp. Reso. #2778 with the conditions as outlined by the City Attorney. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 33. Tamarac Gardens - Discussion and possible action on: a FRevision to existing site plan in order to create Site Plan #1 - Temp. Reso. #2777 b) Amendment to Water and Sewer Developers Agreement for Site Plan #1 ;YNOPSIS OF ACTION: RESOLUTION NO. PASSED. i APPROVED as corrected and with receipt of checks. �) APPROVED as amended. a) Jon Henning read the Resolution by title and Marty Riefs, representing Tamarac Gardens, submitted two checks to the Assistant City Clerk for: $2,250.00 - 1.5 ERC's for the cabana 1,500.00 - 1 ERC to be purchased now 567.00 - 3 years ERC interest for the cabana 1,722.00 - 41 days interest on $109,500 past due 682.50 - Interest Credit 5,356.50 Total Due Mr. Riefs said Phase 1 will consist of 196 units, Tracts K, L and M, and Phase 2 will consist of 72 units. V/M Massaro said this plan was approved previously in its entirety and they are now phasing it. She said there are 72 ERCs that they are going to relinquish as a result of this Site Plan #1 being adopted. She said approval of Site Plan #2 will be subject to whatever conditions are prevalent at that time. She said any adjustments that have to be made on water and sewer beyond what they have already paid for,were paid for at the new rate of $1,500/ERC. She said the only remaining item to be considered is the guaranteed revenues because all of their agreement will be as of today. The statement concerning Site Plan #2 was removed from the plan and initialled by Marty Riefs. V/M Massaro MOVED the ADOPTION of Site Plan #1 for Tamarac Gardens as presented with the correction of the notation that indicates something regarding Site Plan #2, APPROVING Temp. Reso. #2777. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE b) Jon Henning said on 6/3/83, under the old Water and Sewer Agreement, Tamarac Gardens was due for a take -down of 75% of their CIACs. They are forfeiting the capacity and they will no longer pay for that capacity until they provide a new site plan for Site Plan #2. The guaranteed revenues will continue on this agreement. Marty Riefs said the guaranteed revenues, under Site Plan #1, would come under an effective date of this agreement of 7/13/83. Jon Henning said the effective date on the first page of the agreement should be 7/13/83 and on Page 4, instead of 6/2/83, it should read that the guaranteed revenues required by this agreement shall commence on the effective date. He said these apartments all come under 25 k units or less, with a $1,000 figure on the new connections. Mr. Henning said that on Page 3A of the agreement, which attempts to explain the history of the old agreement, it explains that there was a prior agreement on 6/5/80 that was amended in March, 1982 regarding the original 268 residential units. —21— 7/13/83 /pm Mr. Henning said that basically they are receiving credits and/or paying the take -down charges for the full number of apartments and other use on Site Plan #1. The connection charge on Site Plan #1 is $1,000/ERC and there are no additional ERCs owned for this site for which they will receive credit in the future. Marty Riefs said they are relinquishing the right to the 72 which, in effect, they paid approximately $30,000 interest over the past 3 years. V/M Massaro said he has paid the proper amount of the prevailing rate which was $1,500/ERC. She MOVED the APPROVAL of the Water and Sewer Developers Agreement as presented, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 42. Sunniland Bank - Performance Bond - Temp. _Reso. #2784 - Dis- cussion and possible action to call a performance bond posted for public improvements associated with the parking lot expansion. SYNOPSIS OF ACTION: TABLED as remedial repairs have been completed and certified costs must be submitted. Jon Henning read the Resolution by title and V/M Massaro said the work has been completed and the Engineering Department has approved it but they still must submit certified final costs and pay any additional Engineering fees, if there are any. She said if and when this occurs, the Engineering Department will recommend that Council reduce the performance bond to a 25% warranty bond for one year. She MOVED that this item be TABLED until they produce the certified costs. SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE 47. Woodmont Tract 59 - Revised Site Plan - Temp. Reso_. #2791 - Dis- cussion and possible action to approve a revised site plan to delete guardrail and sidewalk. SYNOPSIS OF ACTION: APPROVED removal of RESOLUTION NO. R--_7> /�P(o _PASSED. 2 guardrails and deletion of one portion of sidewalk from the site plan. Kim Roberts showed pictures of the existing guardrail location. V/H Massaro said there is a distance in excess of 70' from the paving and the Ordinance requires a distance of not more than 25' to require a guardrail. She said there would be no potential hazard to removing this guardrail and eliminating the sidewalk. She said if Council were to approve their eliminating this sidewalk and removing the guardrails, the developer, Montwood, said they would be willing to give the guard- rail to the City for their own use. She MOVED that permission be granted that they remove these two guardrails and eliminate one sidewalk. Jon Henning clarified this by saying that the guardrails are in but the sidewalk is not, this is to revise the site plan. V/M Massaro included the APPROVAL of Tem.. Reso. #2791 in her MOTION, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE Tape 37. Saba] Palm Townhouses - Site Plan - Discussion and possible action 8 to extend approval of a site plan. SYNOPSIS OF ACTION: APPROVED with :onditions. V/M Massaro MOVED the extension for a period of one year subject to upgrading all the estimated costs and bond amounts before any permit is issued because of the various cost differentials that occur and subject to all current fees at the time that application is made. If fees, including water and sewer, equivalent residential connection fees are increased, all fees, at time of building permit application will apply irrespective of any agreements in effect at the present time or in the past. —22— 7/13/83 /pm V/M Massaro requested, as part of her MOTION, that the list of Final Engineering Approval Comments, as of 7/6/83, be attached as part of these Minutes (See Attachment 3) SECONDED by C/M Krantz. VOTE: ALL VOTED AYE GENERAL ADMINISTRATIVE/FINANCIAL 13. FP&L Request for Easement - Temp. Reso. #2769 - Discussion and possible action on a request from FP&L for an easement along the east side of the Utilities West complex for installation of a pole and guy wire. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R PASSED. Jon Henning read the Resolution by title and said this is in the area of the Tamarac Utilities. West complex and there is a need for _an additional power pole and guy wire near the Sutter Construction site approximately 6' x 15'. and guy wire. V/M Massaro said when FP&L applied for this to the Engineering Department, Larry Keating brought to their attention the fact that there is a pole that had to be moved at McNab Road and University Drive, the southwest corner by Texaco. The request for a sidewalk was made by several people with wheelchairs and the City could not do this because of the projected cost, between $800 to $1,000. She commended FP&L who went ahead, at the City Engineer's request, to move this,along with the City Engineer for having the foresight to request this from FP&L. She said Larry Keating will move forward with getting an easement from Texaco, which they have already agreed to. V/M Massaro MOVED the ADOPTION of Temp. Reso. #2769 which would grant the easement on NW 77 Way, northwest of 61 St. to FP&L for the installation of one pole and guy wires for the benefit of Sutter Construction Co. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 14. Bank _ Authority - Temp. Reso. #2792 Discussion and __ Signature possible action to approve the designation of a third City official authorized to sign checks. >YNOPSIS OF ACTION: APPROVED as emended. RESOLUTION NO. R— 73 / PASSED. Jon Henning read the Resolution by title and said pursuant to the Charter and present City procedures, there are two signatures that are required on City checks and other accounts to transact business. He said one is the City Manager and the other is the Mayor, in the absence of either one the stipulated acting persons would sign. The City Manager said that Resolution 80-138 addressed the need of the request of one banking authority. She said that now they would like to recognize those signatures that are authorized for City accounts for more than one banking institution. Jon Henning amended Section 1 to read, after "signatures" on the second line, it should say "for all banking institutions in which the City conducts business". Mayor Falck said the proper person would be the one designated as the liaison to Finance. C/M Krantz MOVED to APPROVE Temp. Reso. #2792, as amended, authorizing C/M Philip Kravitz as the third City official authorized to sign checks. SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE --23— 7/13/83 /pm COMMUNITY DEVELOPMENT 30. McNab Plaza North - Discussion and possible action on: a Calling a warranty bond posted for public improvements - Temp. Reso. #2779. b) Calling a warranty bond posted for the construction of N.W. 72 Street - Temp. Reso, #2780. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. PASSED. a) and b). RESOLUTION NO. R- g 3 -. "_PASSED. a) Jon Henning read the Resolution by title and V/M Massaro MOVED APPROVAL of Temp. Reso. #2779, recommending that the warranty bond be called if the required remedial repairs are not completed or the bond has not been extended by 7/25/83. If the repairs are completed by 7/25/83, the Engineering Department recommends that the bond be released. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE b) Jon Henning read the Resolution by title and V/M Massaro MOVED APPROVAL of Te_m_p_. Reso.#2780, recommending that the warranty bond be called if the required remedial repairs are not completed or the bond has not been extended by 7/25/83. If the repairs are completed by 7/25/83, the Engineering Department recommends that the bond be released. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 39. Fairways III - warranty Bond Release - Temp. Reso. #2781 - Dis- cussion and possible action to release a warranty bond posted for public improvements. SYNOPSIS OF ACTION: TABLED so that V/M Massaro may meet with Mr. Kaliff on this. Jon Henning read the Resolution by title and C/M Kravitz indicated that there is an amount of $E75.60 due and the City Manager said 9/30/83 is the expiration date for the second Letter of Credit. V/M Massaro requested authorization to speak to Mr. Kaliff before the next regular meeting and she MOVED to TABLE this item for that purpose. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 40. Woodmont Tracts 68/77 - Warranty Bond - Temp. _Reso. #2782 - Discussion and possible action to call a warranty bond posted for public improvements. SYNOPSIS OF ACTION: The City Manager an-d City Attorney should determine appropriate action on delinquent guaranteed revenues. See Page 11). C/M Kravitz questioned the past due account of guaranteed revenues in the amount of $1,432.20 and V/M Massaro said the warranty bond was placed by the Montwood Corp. She said they have instructed the bank that the bond would be in and she spoke with Gene Toll today concerning the delinquent money and Mr. Toll indicated he did not have the money to pay on Tract 68 for the guaranteed revenues. She questioned the City Attorney on the appropriate action to be taken and Mr. Henning said the City has a Water and Sewer Agreement with Toll Development on Tract 68, the Tract 77 portion was with Montwood, Inc. He said the arrears concern Tract 68 and the remedy would be to cancel the agreement and rescind any unused ERCs that are not metered. 7/13/83 -24- /pm V/M Massaro said Mr. Toll said they are not selling any units on Tract 68 and he has financial difficulties. She said the City Manager and the City Attorney should determine the appropriate action to be taken on the delinquent guaranteed revenues. RFPnRTS 51. City Council Reports V/M Massaro - No report. C/M Krantz expressed his -,regrets at being unable to attend the next meeting due to his vacation and wished everyone present a good summer. C/M Kravitz said he was disappointed with his review of the internal audit report and suggested Alexander Grant consult him with reference to any suggestions they may have concerning future audits. He said the Welcoming Committee sent questionaires to new residents who attended the 6/22/83 meeting and they were all very impressed with the City. C/M Stelzer said he reviewed the internal auditing report and found nothing new or different from previous years. He said his commitment to canal upgrading has been fulfilled and he anticipated resolving the Sunflower/Heathgate Case as well. Mayor Falck commended C/M Stelzer for his endeavors on behalf of the City canals. Last Friday he visited the new golf course in Coral Springs and took a tour of their industrial park. He said the City Manager of Coral Springs said they refer their complaints concerning canals to the South Florida Water Management District. 53. City Attorney Report Jon Henning said there was a meeting yesterday of the Planning Council and Earl Gallop of Milledge & Hermelee, Richard Rubin, City Planner and he attended. fie said there was an extensive attendance of people from the Planning Council as well as people from the Fort Lauderdale Planning Department, their Assistant City Attorney, South Florida Management District people and others. He said there was a status report to determine the situation since the impact studies were completed as a result of the lawsuits that Tamarac filed against the Fort Lauderdale Airport people. He said they received a great deal of cooperation from the Planning Council and several more meetings will be necessary. He said they proposed a 1,000 foot extension on the runway which would be advanta- geous for safety purposes and for larger fuel capacity on planes. They maintain they are not trying to upgrade the size of the planes but the present use and they claim it will be quieter because they will be higher when going over the houses. He said there was a noise expert recommended by Mr. Gallop and Fort Lauderdale is considering hiring him as part of their study at no cost to Tamarac. Fie will update Council on all future meetings. Fie said the City has allotted up to $5,000 for this purpose, but have, so far, spent approximately $1,000. 52. City Manager Report - No report. 51. City Council Reports Mayor Falck said he was disappointed with the story which appeared in the newspaper which stated that the City was geared up to stop the 7/13/83 —25— / pm runway. He.said the City has finally gotten agreement that there will be a regional impact study made and that study will encompass a considerable number of items which relate to the airport and the proposed expansion from now on. This was part of the court order. He said the impact study is not designed to be determining only whether those runways are going to be expanded or not. He said there are a multitude of things to be considered and when a DRI is completed, it will give certain recommendations. Those proposals will be submitted to the Board of the South Florida Regional Planning Council, which will be empowered to renew this and either accept, reject or modify the recommendations. Mayor Falck adjourned the meeting at 5:15 P.M. MAYOR ATTEST: ASSISTANT CITY CLERK This public document was promulgated at a cost of $ 3 7Y. -20 or $ IZ9 — 3 per copy, to inform the general public and public officers and employees about recent opinions and considerations by the City Council of the City of Tamarac. —26— 7/13/83 /pm CITY OF TAMM114c, APMVED AT MEETING Of 9 �3 Ca.,-4� z;2 City Clerk ANNUAL REPORT OF TSE ATTORNEY GENERAL 060.17 OBO.17— "rch 11, ]no DUAL OFFICEHOLDING COUNTY COMMISSIONER MAY NOT BE APPOINTED BY COUNTY COMMISSION TO BOARD OF TRUSTEES OF INDEPENDENT SPECIAL TAXING DISTRICT Ta William J. Robrn% General Counset;. State Aasociation of 0MAly COmmiNiOnere, Tallahassee Prepared by. John W. Williams; Assistant Attorney General Attachment 1 QUESTION: Item # 6 May a county commissioner serve, boy appointment of the county Burglar Alarm Review oommission, as a member of the board of trustees, of an Independent Committee special taxing district? 7/ 1 3/ 8 3 Meeting SU1109ARY2 An appointment by a board of county commissioneve of one of fis emu members as a member of the governing board of an rode »tl@Civ a : taxdng district created 1W eounW ordinance is cantrtaty_ law rule than ON amass. who have the anwiw Cowes sea a.sgaaiifle too agleer'ae padtlasta to s they mq appoint ar w'k►lch iheyntparas the power to remove the incumbent; a county oommWoner so appointed may not serve as a member of the board of " trustees of such special taxing dintsiaL Pursuant to your letter of inq�urp and memorandum of law attached thereto, the Board of County Commissioners of Lon County adopted Leon County Ordinances Nos. 75•2 and _. 7545 (pursuant to ch. 165, R S. 1976). setting forth a uniform method for the creation d special tasting districts within Lan County and establishing the Falls Chase Special Taxint D trict (hereafter Falls Chase), respectively. Ordinance No. 76.8, in eetabliai�tng Fall Ch and adopting its charter. pzav►des that Falls Chase shall be governed by a board of five trustees, With one trustee appointed annually by the Board of County Commissioners of Leon County, the remaining four trustees being elected by the qualified electors of the special district. Historically, the board of county commissioners has chosen to appoint one of its members as the board's appointee to the Board of Trustees of Falls Chaos; however, you are now undecided if such appointments are valid in light of the common-law rule of public policy prohibiting the holding of two incompatible officer and in light of previous opinions of this office. Initially, I must assume for purposes of this oppinion that Ordinance Na. ?1i+8, which crPit ed Falls Chan, in a valid county legraiative enactment. See w. 163.603(1). 163.604(11). 163.613, 166.041(2), and 166.061( , F. S. Cy. s. 125.01fta) and (b), F. S. Based on thin assumption. your question is answered in the negative. Previous opinions of any predecessors in office have concluded that the appointment by a board of county commissioners of one of its members to serve as a member of the gave rnin body of aaryetial dirtrict�,4lt�ho�uPb Atat prohibited by the constitutional dual AR I>� state cans?., ecntrary to common - rule d policy which maybe atbtad si follows: All e!!I who have appointing are ed for appppoaintment to offices or positions to w131ch they may appoint.: See AGO'e 07 072346. 073W9 and 07W. I find that the vitality of the rule rsr still in force in this state; therefore, tie aforecited opinions are affirmed. The underlying rationale of the aforementioned common-law rule of public policy in to assure the actuality and appearance of undivided puhlicaayalty and trust a public offioer holds for the bevsflt and In the interest of. the people to pprreevent any conflict of interest or clash of duties when the performance of dutue of oa efi4oe interferes with the performance of the duties of the other, thereb� making both offiow incompatible. See 67 C.J.S. Off ices. a. 23,16 M. red n.'27 p. Z77, an 63 Am. Jur.2d Public Officers and Employees a. 96, p. 690. A conflict of interest or clash of duties exists when one office is subordinate to the other and subject in some degree to the supervisory power of its incumbent or when the incumbent of one of the offices has the power of appointment to the other office or has the power to remove or punish the incumbent of the other. See 67 C.J S. Officers a. 27, pppp 277.281; 63 Am. Jur.2d Public Officers and Employees w. $2, 63, and 73; and AGO 070• 4B. Furthermore, a conflict of interest may be demonstrated by the power to regulate the oampenaation of tha other or to audit accounts of the other. See 67 CJS. Offiftrn r. 27, supra. As stated in AGO 070.48 (in reference to appointing powers of public officers): R At common law, all officers who have appointing power are disqualified for appointment to the offices or titres to which tmhey may appoint. [Citations omitted.] The reason for the lic policy rule in thin respect has been variously rtatad In Wood v. White 1923, 197 N.YS. 789, the court said that such an a pointmeat in against good conscience and �,blic moral; iu Hetrich v. CouaLy rssionera of Anaa Arundel County d. 1960, lb9 A.2d 642, 64b, the hibitiowgrounoa the need faimpartial official action without surprcran of bias; and in Ehlinger v. Clark, Tex. 1926, B S.W.2d 666, the court �: ear that the rule was based on "the obvious incompatibility of being both a member d a body making the appointment and an appointee of thet body • . . As to the commowkw rule of incompatibility, AGO 07046 states: The incompatibility that will dismislify (the holding of two lions in public service) lies in a conflict betw duties and functions of the two offices, As where one is subordinate to. the other and subject in some degree to the supervisory power of its incumbent, or where the incumbent of one has the power to appoint or remove or net the salary of the other, or where the duties clash, inviting the incumbent to prefer are obligation over the other. [Citations omitted.] In this present inquiry Iron County Ordinance No. 7&G, pursuant to a 4M, Leon County Ordinance No. 7 it (yreno bed by ch. 166. F. S.), provides that one of the trustees - of the Falls Chase Special Taxing District shall be annually appointed by the board of county commissioners. It can thus be Wean that an appointment by the Board of County Commissioners of Leon County of one of its members to the Board of Trustees of the Falls Chase Special Taxing District would be contrary to the common law and public policy. This is specially true in light of the fa that any trustee may be removed for malfeasance, malfeasance, or willful neglect of duty (see Art. 11, Leon County Ordinance No. 76.6. pursuant to s. 4(6), Leon County Ordinance No. 76-2), thereby subjecting the board of trustees to some degree of supervision by the commission. Finally, you make reference in your letter of inquiry to instances, pursuant to legislative directive and judicial decision, when members of county commissions are the governingg boa} of .Osman districts similar to Falls Chase. See ch. 163, F. S.. s. 33628, et seq., F. S.; and State of Florida v. Sarasota County, 372 So.2d 1115 (Fla. 1979). However, as noted from the aforecited can Isw and statutory provisions, the county commission exercises no power or authority to appoint anyone, including one of its members, to governing positions. The county commissions exercise their authority as the ex officio governing head of these special districts pursuant to specific legislative directive. In these situations, it would appear that the legislative intent is to imppoosaee additional duties on county commissions and not to create separate offices. 63 Am. Jur.2d Public Ofhctrs and Employees s. 78. P. 670, Advisox�Opinron to the Governor, 1 So.2d 636 (Fla 1941); Wlvtaker v. Parsons, 66 So. 247 (I+7a. 1920); State ex Pei. Biggs v. Gordon, 186 So. 437 (Fla. 1939); end State ex rel. Landis v. Readon, 184 So. SW (fa. 1934). Item 32 on 7/13/83 Agenda - Attachment - CONCORD VILLAGE II ADDITIONAL FINAL ENGINEERING APPROVAL COMMENTS As of July 6, 1983 1. Property line elevation of sidewalk to be same as crown elevation of road. 2. Add 66x10 gauge mesh and two #5 reinforcing rods for sidewalk at driveway crossing. 3. Provide sidewalk construction joints 5' center to center and expansion joints 20' center to center except expansion joints are not to be located at driveway crossings. 4. Grade and sod swale to drain to edge of pavement or catch basin. 5. Use up-to-date Tamarac Utility standards. 6. For Section "A" parking lot detail add the following: (a) 8" lime rock base to be compacted to 98% maximum density as per AASHO T180. (b) Add 12" minimum sub base having minimum LBR of 40 compacted to 98% maximum density as per AASHO T180. 7. Obtain appropriate Broward County approval and permits- S . Change elevations of parking lot to obtain minimum 0.5% longitudinal grade. 9. Saw cut extruded curb at 10' center to center. Extruded curb to be backfilled and sodded. 10. All landscaped areas to be graded to drain to parking lot or canal. (Provide additional finished grade elevation around building to indicate same.) 11. Indicate design of Pine Island Road decel/stacking lane including median curb. 12. Show median curb including backfill and sod for N. W. 84th Terrace. 13. Estimated cost must be upgraded to determine if fees and bond amount are correct. 5 Item 37 on 7/13/83 Agenda r Attachment 3 - Page 1 SABAL PALM TOWNHOUSE FINAL SITE PLAN Final Engineering Approval Comments As of July 6, 1983 1. Add the following general notes: A. All muck and yielding material within the limits of construction shall be removed and replaced with clean fill material compacted to not less than 98% maximum density at optimum, moisture, AASHO T-180. B. Drainage pipe shall be corrugated aluminum pipe, 16 gauge (or P.V.C., A.S.T.M. D-3034 for back of sidewalk drains only.) C. Tack coat shall be A.C. penetration grade 85-100 or emulsified asphalt, grade RS-2. D. Wearing surface shall be Type S-1, conforming to the latest Florida D.O.T. specifications. E. The contractor shall be responsible for the coordination of his work with the proper agencies and/or utility com- panies. He shall hold a pre -construction meeting prior to the start of any portion of the project with all applicable agencies in attendance. F. All materials, installation, testing, and specifications shall be in accordance with the requirements of the City of Tamarac current standards where applicable. Where discrepancies, omissions or modifications exist between the plans and the City of Tamarac minimum con- struction specifications, the City of Tamarac specifica- tions shall govern. 2. For street and parking lot lime rock base and 12" subbase, add the note that they are to be compacted to 98% maximum density per AASHO-T180. 3. Add note that lime rock base for street and parking lot is to have minimum 60% carbonates. 4. Sidewalks - Add note that sidewalk elevation at property line is to be same as crown elevation of street. They are to have construction joints at 5' centers and expansion joints at 20' centers and that expansion joints are not to be located in entrances. 5. indicate parking lot design. (1" S-1 asphalt on 6" lime rock base on 12" stabilized foundation'that has minimum LBR of 40.) 6. Use up-to-date Tamarac Utility Standard drawing for sewers. - 1 - S Item 37 on 7/13/83 AgenA4 l Attachment 3 - Page Z SABAL PALM TOWNHOUSE FINAL SITE PLAN Final Engineering Approval Comments 7. Obtain appropriate Broward County approvals and/or permits. S. Change canal bank slope to agree with current Tamarac Code. 9. Change parking lot grades to provide minimum 0.5% longitudinal Slope and 1/4" per foot transverse slope. Use inverted crown es gn. 10. Show detail of extruded curb.that is to protect all landscaped areas except where wheel stops are used. Detail should include backfill and sod to top of curb. Also indicate curb is to be saw cut at 10' center to center. 11. Show additional finished grade elevations around building that indicates all landscaped areas will drain to parking lot or canal. 12. Sanitary sewer between manhole 4 and 5 must be a minimum of 15' from nearest edge of building. 13. Field verify invert elevation of stub at existing pumping station. 14. Check design of existing pumping station. If it does not have sufficient capacity, pumping station will have to be upgraded by developer. r -2-