Loading...
HomeMy WebLinkAbout1982-07-14 - City Commission Regular Meeting Minutesw� P, 0. E30X 25010 TAMARAC, rLORIDA 33320 CITY OF TAMARAC, FLORIDA CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, JULY 14, 1982 CALL TO ORDER: 9:30 A.M. FIRST CLASS MAIL ANNOUNCEMENT OF TIME ALLOCATIONS — MOTIONS TO TABLE - The Chair at this time will announce those items which have been given a spe- cific time to be heard, and will entertain motions from Council members to table those items which require additional research Council may agendize by majority consent mattersof an urgent nature which have come to Council's attention after publication. PRESENTATIONS AND AWARDS 1. Presentation by Mayor Falck of a plaque to Irving M. Zemel in appreciation of his contributions during his term of office as a Member of Council. COMMITTEES AND BOARDS 2. Board of Adjustment - Temp. Reso. #2240 - Discussion and pos- sible action to appoint one regular member and two alternate members to this board. 3. Board of Social Services - Temp. Reso. #2241 - Discussion and possible action to appoint three members to this board. 4. Position of Fishing Commissioner - Discussion and possible action and a report by Vice Mayor Massaro concerning a meetinc_ held with a representative of the Florida Game and Fish Com- mission. CONSENT AGENDA 5. Items listed under Item #5, Consent Agenda, are viewed to be routine and the recommendation will be enacted by one motion in the form listed below. There will be no separate dis- cussion of these items. If discussion is desired, then the item(s) will be removed from the Consent Agenda and will be considered separately. a) Alan F. Ruf - Consultant City Attorney - 7/9/82 - $2,350.00 - Approval recommended by the City Attorney. b) Richard S. Rubin - Consultant City Planner - Services for Jun 1982 - $2,242.50 - Approval recommended by the City Manager. c)-- Mitchell Ceasar - Grants Consultant - 6/15/82 - $1,250.00 retainer and $5.25 expenses - Total $1,255.25 - Approval recommenced by the City Manager. d) - Milledge & Hermelee - Special Counsel for Fort Lauderdale Executive Airport - 5/24/82 - $5,495.39 - Approval recommende, by the City Attorney. 7/14-Pg.13 Pres. made by Mayor 7/14-Pgs.2&3, Aptd.H.Newman for 3 yr.term.J.Lach- mann&C.Fox altern. 7/14-Pg.2,Apptd. J.Benefeld,Dr. M.Green & E.Aquadc expr.7/14/83 7/14-Pgs.5 thru 10,Report by V/M 7/14-Pgs.2&3, APPROVED Items a) thru q) with f) being changed from $250 to $250.50. PAGE TWO e) Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick P.A. - Special Counsel - 6/7/82 - $91.00 - Approval recommend- ed by the City Attorney. f) Josias & Goren - Special Counsel - 5/28/82 - $250.50 - Approva� recommended by the City Manager. g) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 6/10/82 - $17,032.75 - Account #429-371--536-623 - Approval recommended by the City Engineer. h) I Williams, Hatfield & Stoner, Inc. - Consulting Engineer - I 6/18/82 - $385.00 - Account #429--371-536-623 - Approval re- commended by the City Engineer. i) Del Ricco Brothers Construction, Inc. - 1982 Storm Drainage Improvements - NW 82 Street - Heathgate/Sunflower - Pay Esti- mate #3 - 6/30/82 - $41,249.60 - Approval recommended by the City Engineer. j) Blast Air, Inc. - Painting of Tamarac Utilities West Water Plant - Pay Estimate #2 - 7/2/82 -- $5,724.00 - Approval re- commended by the City Engineer. k) Dryclean USA at Family Mart Shopping Center - Approval for continued use of a temporary trailer for claims settlement and as a drop store until the Council Meeting of 9/8/82. 1) Authorization to allow the City Manager to go to bid for the following: ' (1) Four replacement centrifugal sewage pumps for Tamarac Utilities West. (2) Special multi -peril, law enforcement liability, excess recreation, business auto, boiler and machinery, excess .liability for sod farm and Worker's Compensation Insurance4 m) Curtis Field Plat -Acknowledgment of withdrawal of this project by the applicant. n) Approval to extend the tabling action of the following items to the Council meeting of 7/28/82: (1) Sabal Palm Country Club Condominiums (2) Sabal Palm Golf Course (3) Sabal Palm Golf Course Clubhouse a) Colony West Country Club - Executive Course and equipment operation prior to 8:00 A.M. - Approval to extend the tabling action to a future Council meeting. p) Montwood, Inc. - Reconfirmation of Stipulation #13 as revised - Approval to extend the tabling action to a future Council meeting. q) Blast Air, Inc. - Change Order No. 1 to Tamarac Utilities West painting bid - Approval to remove from the agenda until a future Council meeting. GENERAL ADMINISTRATIVE/FINANCIAL 6. Bid Award - _Caporell_a Park - _Temp. Reso. #2242 - Discussion and possible action to award a bid for facilities at Caporella 7/16-Pg. 3,Tabled, Park. to not later than .' 7/28/83 Mtg.._ . . 7. Fire Aid Agreement - Temp._ Reso. #2.244 - Discussion and pas- 7/28/83 3 .-_ - . d sible action to approve a Mutual Fire Aid Interlocal Agree- to not later than ment with the City of North Lauderdale. 7/28/83 Mtg. 8. Cypress Creek Commons - Discussion and possible action on: a) Approval of a recreational boating improvement project agreement with the Florida Department of Natural Resources. Temp. Reso. #2243. b) Status report on South Florida Water Management District grant for improvements. 9. 201 Program Discussion and possible action to increase the funding allocated for Brown &.Caldwell; Consulting Engineers, 'for work on this project. 10. University_ Drive _Bikeway - Temp. Reso. #2260 - Discussion and possible action to endorse a plan for a bike path on the west side of University Drive from NW 57 Street to Southgate Boule- vard. 11. Computer Software - Discussion and possible actionyto approve the purchase of an occupational license program from Munici- pal Management Systems as a sole source item and possible approval of a budget amendment. 12. F.Y. 1980/81 by Councilman 6/9/82). Audit - Discussion and possible action and repor- Kravitz, liaison to Auditors (tabled from 13. Inde endent Auditor approve the services records (tabled from 7/14-Pgs.4 & 5, a) APPROVED, b) TABLED to 7/16. 7/16-Pg. 8, APPROVED 7/14-Pgs.13 & 14, APVVD.add.$4,000 for Brn.&Caldwell funds from utilit 7/14-Pg. 14 APPVD.as revised 7/14 7/14-Withdrawn from agenda -prop. could not be rcvd in time for this fiscal year. _- 7 /16-P.g.:.1.,.Accept, as written. Discussion and possible action to of an auditor for F.Y. 1981/82 financial;- 7�16 P 3--Tabled 5/26/82) . ,-gam ?7/14-Pgs.15 & 16,: 14. Broward League of Cities Business - Discussion and possible k Report by C/M action. Disraelly - - - - - - - - - - - - - - - - - - - - - - - - - - - - .- - - - PUBLIC HEARINGS To be heard 2:00 P.M. Wednesday, July 14, 1982 7/14-Pgs, 21 & 22, during the City Council Regular Meeting i APPROVED 15. Redistricting - Temp. Ord._#989 - Discussion and possible action to adjust the boundaries of the election districts. Second Reading. 16. Toll Development, Inc. — Rezoning Petition #29-Z-81 - Temp. 7/14-Pgs.23,24 & Ord. #968 - Discussion and possible action to rezone the land$ 27,a)APPROVED, b) on the east side of NW 94 Avenue, extending eastward to the APPRDVED• western boundary of Paradise Estates, south of the Colony West Executive Golf Course, from R-4A (15 dwelling units per acre) to R-3. First Reading. a) Acceptance of Affidavit of Publication, Affidavit of Post-" ing and Affidavit of Mailing. b) Consideration of Application. 17. The Artists Workshop, Inc. - Petition #12-Z-82 - Temp. Reso. 7/14-Pg. 22, #2245 - Discussion and possible action to grant a Special ADOPTED Temp-Reso.. Exception to allow the teaching of art classes in a B-1 2245 as stipulated zoning district at Brookwood Plaza, 7128 W. McNab Road. 18. JoJo Pizza Restaurant - Petition #13-Z-82 - Temp Reso. #2246 7/14-Pg. 22, Discussion and possible action to grant a Special Exception APPROVED as condi to permit a restaurant in a B-2 zoning district at McNab tioned. Plaza North, 7160 N. University Drive. 19. JoJo Pizza Restaurant - Petition #14-Z-82 -- Temp. Reso. 7/14-Pg.23,APPVD. #2247 - Discussion and possible action to grant a Special as conditioned. Exception to permit on -premises consumption of beer and wine in conjunction with a proposed restaurant in a B-2 zoning district at McNab Plaza North, 7160 N. University Drive. 20. GRG Fitness Centers, Inc. -Petition #15-Z-82 - Temp._ Reso. #2248 - Discussion and possible action to grant a Special Exception to permit a figure salon in a B-2 zoning district at McNab Plaza North, 7160 N. University Drive. PUBLIC HEARINGS - To be heard 10:00 A.M. on Friday, July 16, 1982, during the City Council Reconvened Meeting. 21. F & R Builders, Inc. - Rezoning Petition #10-Z-82 - Temp. Ord. #991 - Discussion and possible action to rezone lands on the east side of Nob Hill Road, approximately 800-feet 7/14-Pg. 23, APPROVED(see follow up on 7/16 meeting). 7/16,Pg.10, a) Adopted b) Accept, south of NW 77 Street, from R-4 to B-5, to permit sales facilities and a model area and to permit future conversion to professional offices. First Reading. a) Acceptance of Affidavit of Publication, Affidavit of Post-1 ing and Affidavit of Mailing. b) Consideration of Application. 22. F & R Builders, Inc. - Rezonin Petition #16-Z--82 - Temp.Ord•17/16 P 12 #992 - Discussion and possible action to rezone lands south 7 ' g' of and adjacent to Jehovah Witness Kingdom Hall on NW 77 St.'' ACCEPTED from B-1 to S-1. First Reading. b) ADOPTED a) Acceptance of Affidavit of Publication, Affidavit of Post- ing and Affidavit of Mailing. b) Consideration of Application. 23. F & R Builders, s g _ p, , Inc. znc. Resonx.n Petition #17-Z-$2 - Tem Ord.; #993 - Discussion and possible action to rezone lands on the !7/16 pg. 12, south side of NW 77 Street, east of and adjacent to Jehovah 'a) ACCEPTED Witness Kingdom Hall, from R-4 to S-1. First Reading. b) ADOPTED a) Acceptance of Affidavit of Publication, Affidavit of Post, ing and Affidavit of Mailing. b) Consideration of Application. - - - - - - - - - - - - - - - -- - - - - - - - - - -- - - -- - - - LEGAL AFFAIRS 24. Zoning Regulations - Temp. Ord. #846 - Discussion and pos- sible action to amend Chapter 28 of the Code by creating an RM-5 Residential Multi -Family Dwelling District. First Read- ing. (tabled from 2/24/82). 5. Zoning sable aeaulaction to - Temp. Ord. #982 - Discussion and pos- sible o amend Chapter 28 of the Code pertaining to height, plot size, density, floor area, length of structures and setbacks of residential building or structures in all zoning districts by providing a composite table of setback lines and miscellaneous zoning district requirements. First Reading. 26. Landscaping Requirements - Temp. Ord. #985 - Discussion and possible action to amend Section 6-13(a) of the Code by revising the minimum landscaping requirements in single fam- ily and duplex residential districts. First Reading. 27. Park and Recreation Land Dedication - Temp._Ord. #990 - Dis- cussion and possible action to amend Section 20--42 of the Code to provide for alternative methods of cash payment in lieu of land dedication. First Reading. COMMUNITY DEVELOPMENT 7/14-Pg. 16, APPROVED Tex{. Ord.846, ,as amend ed 4/8/82 7/1.6,Pg.21,TABLED to future mtg. 7/14-Pg.17, APPROVED as amend ed 7/16,Pg. 19, ADOPTED AS AMEND. 28. Wellens Furniture Company - Revised Site Plan - Temp. Reso. 7aw. 17 & 18, #2328 -� Discussion and possible action on —a revised site plan Withdthdrrawn as regd for an addition (tabled from 6/23/82) . by applicant 29. Tamarac Plaza (Southwest corner of Brookwood Boulevard and McNab Road) -- Temp. Reso. #2268 - Discussion and possible action on rescission ofparkingwaiver (tabled from 6/23/82). 30. Woodlands Country Club - Revised Site Plan - Temp. Reso.#2249 Discussion and possible action on a revised site plan for parking lot revisions. 31. Home Construction Warrant Bond - Temp. Reso. 42250 - Dis- cussion and possible action to release a bond posted as a warranty against defects for a home located at 9402 NW 70 St. 32. Woodlands Section 6 - Vacation of Utility Easement - Temp. Ord. #994 -- Discussion and possible action to vacate a portio of a utility easement along the rear of Lot 15, Block 43. First Reading. 33. Southgate Gardens, Inc. (7300 Southgate Boulevard) - Temp. Reso. #2261 - Discussion and possible action on: a) Revised Site Plan for 6 foot high wood shadowbox fence along the south property line. b) Acceptance of utility easement for Drainage purposes - TemR. Reso. #2251. c) Acceptance of utility easement for water purposes - Temp. Reso. #2252. d) Acceptance of utility easement for sewer purposes - Temp. Reso. #2253. 34. Patio Homes at Fairmont - Discussion and possible action on: a) Site Plan for Phase I - Tem Reso. #2256 b) Plat for Phase I - Temp. Reso. 02257 c) Water and Sewer Developers Agreement for Phase I d) Acceptance of Ingress/Egress and Drainage Easement - Temp. Reso. #2258 (to be located on the east side of NW 94 Avenue, south of Colony West Executive Golf Course) 35. Paradise Estates - Discussion and possible action on a request by the residents of this section for a City -initiated re- zoning of certain lands within this section and certain lands to the west bounded by the canal. 36. Hopkins Plat - Discussion and possible action on: a) Plat - Temp. Reso. #2259 b) Water Retention Agreement c) Development Review Agreement 37. Woodview Tract 38 - Model Sales Facility - Discussion and pos- sible action to renew a model sales permit (tabled from 6/23/82). 38. The Horn & Hardart Company - Presentation of a concept plan for a proposed restaurant in the Rum Runner building. 7/16.,Pg, 20 . TABLED 7/28 Mtg. 7/16,Pg. 10, APPROVED 7/14--Pg . 19 APPROVED 7/14-Pg. 20, i- �-7/16,Px,. 18 TABLED 7/26 Mtg. 7/14-Pgs. 24 thrL 27, a) APPROVED w/conditions, b) APPROVED w/ conditions, c) APPROVED, d) APPROVED, 7/14-Pg. 26, Withdrawn at req of Nat Singer rep.of HOA. 7/14-a) APPROVED, Pgs. 1,20 & 21, b) APPROVED, c) & d) APPROVED. 7/14-Pg. 21, ADOPTED model sales to 1/11/83. 7/14-Pgs.10 thru 13,Presentation was made 39. Woodmont 'Tracts 74 and 75 - Revised Site Plan - Temp. Reso. 7/14--Pg. 29, #2263 - Discussion and possible action on a revised site plan PROVED as for a reduction of units in Building #2. conditioned. 40. Tamarac Gardens - Discussion and possible action on: a) Renewal of model sales permit b) Release of performance bond posted for saving and drainage upon receipt of a one-year warranty bond - Tem . Reso.#225� 7/14 Pg. 26, a) & b) APPROVED. 41. Ashmont/Kings Point. - Model Sales Facility - Discussion and 7/14-Pg. 28, possible action to renew a permit for use of the model sales =-1/31/83. OVED for 6 facility at Tamarac Gardens for this project. PAGE SIX 42. Colony West Executive Golf Course - Canal Reservation Releas 7/14-Pg. 21, Discussion and possible action, and report by the City TABLED to 9/8 Attorney (tabled: from 6/23/82) . meeting. 43. Woodmont Tract 60 - Bond Release - Temp. Reso. #2255 - Dis- I, cussion and possible action on release of a warranty bond 7/16,Pg. 21 APPVD, posted for public improvements. 7/14-Pg. 30, 44. Northwood II - Model Sales Facility - Discussion and pos- APPROVED for 6 sible action on renewal of model sales permit. mos.-1/14/82. 45_ Northwood II - Revised Site Plan - cussion and possible action on: a) Reflect project phasing b) Addition of adjacent sidewalks c) Modifications to the Water and Tem . Reso. #2262 - Dis- 7/16,Pg. 13, T�tiled ".to 7 / 28 Sewer Developers Agreement. 46. Kings Point Professional Plaza - Discussion and possible action on: a) Site Plan - Temp. Reso. #2264 C b) Plat -- Temp. Reso. #2265 c) Water and Sewer Developers Agreement d) Acceptance of Declaration - Temp. Reso. #2266 e) Acceptance of Irrevocable Option - Temp. Reso. #2267 f) Acceptance of Utility Easement - Temp. Reso. #2268 (To be located on the east side of Nob Hill Rd., approximate ly 800-feet south of NW 77 St.). . Drainag _p _ City - Discussion and possible e Im rovement.s in the _� action. REPORTS 48. City Council 49. City Manager 50. City Attorney City Council may consider such other business as may cane before it. Pursuant to Chapter 80-105 of Florida Law, Senate Bill No. 368; if a person decides to appeal any decision made by the City Council with resepect 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 to be based. CITY OF TAMARAC Carol A. Evans Assistant City Clerk For informational, purposes, following are the residential and ccatmlercial zoning districts in the City: R-1 - Single Family Residence R-lB & R-1C - One -Family Dwelling R-2 - Two -Family Dwelling RD-7 - Two -Family Dwelling R-3U - Raw House R-3 - Low Density Multiple Dwelling PM-10 - Planned Apartment R-4A - Planned Apartment R-5 - Motel/Hotel B-1 - Neighborhood Business B-2 - Planned Community Business B-3 - General Business B-5 - Limited Business District B-6 - Business District S-1 -Open Space/Recreational I-1 -Institutional M-1 -Light Industrial M-2 -Medium Industrial A-1 -Limited Agricultural A-5 -Agricultural/Excavation T-1 -Trailer Park District 7/16,Pg. 7, Appvd. With Cond, 7/16, Pg. 28, Report by V/M PAGE SEVEN 51. Business Use Ordinance - Temp. Ord. #967 - Discussion and possible action. 52. Kavene Case - Discussion and possible action. 53. Chef Onecio Perrera Restaurant = Tem. Reso. #2370 - Granting a Special Exception for Alcoholic Beverages. Discussion and possible action. i7/14,Pg. 1, �Agend. By Cons. V 16, Discussion ,only �7/14, Pg. 19, 'Appvd. payment 7/16,Pg. 7, pAgend. By Cons. fPg. 16,Appv_d. if CITY OF TAMARAC, FLORIDA REGULAR CITY COUNCIL, MEETING JULY 14, 1982 CALL TO ORDER: Mayor Walter W. Falck called the meeting to order on Wednesday, July 14, 1982, at 9:30 A.M. in the Council Chambers. ROLL CALL: PRESENT: Mayor Walter W. Falck Vice -Mayor Helen Massaro Councilman Irving M. Disraelly Councilman Philip B. Kravitz Councilman David E. Krantz ALSO PRESENT: City Manager, Laura Z. Stuurmans City Attorney, Jon M. Henning Assistant City Clerk, Carol A. Evan! Secretary, Norma R. Rayman MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Falck called for a moment of Silent Meditation followed by the Pledge of Allegiance. Mayor Falck welcomed everyone present and reviewed the time allocations on this day's agenda, and items held for meeting on Friday, July 16, 1982. 51. BUSINESS USE ORDINANCE - Temjp. Ord. #967 SYNOPSIS OF ACTION: Agendized by Consent Held for Meeting on July 16, 1982 C/M Disraelly MOVED to add to the agenda by consent an item pertaining to Business uses. V/M Massaro SECONDED the MOTION. Mayor Falck scheduled this item for Friday, July 16, 1982. VOTE: ALL VOTED AYE 36. HOPKINS PLAT - Discussion and possible action. d) Development Order - Temp. Reso. #2369. SYNOPSIS OF ACTION: Agendized by Consent (See Page 20) C/M Disraelly MOVED that sub paragraph d) Development Order - Temp. Reso. #2369 should be added to Item #36 HOPKINS PLAT. C/M Krantz SECONDED the MOTION. VOTE: ALL VOTED AYE 2. BOARD OF ADJUSTMENT - Temp. Reso. #2240 - Discussion and possible action to appoint one regular member and two alternate members to this board. SYNOPSIS OF ACTION: APPROVED appointment of Harold Newman as a regular member, term to expire 7/17/85 and John Lachmann and Charles Fox as alternates, term to expire 7/8/83. RESO. NO. R-82- /77 PASSED. Jon Henning read the resolution by titlg.only. C/M Disraelly nominated as a regular member Harold H. Newman, who had been an alternate member for several terms and had done an excellent job and would make a fine regular member. He aslo nominated as alternates, John Lachmann and Charles Fox. C/M Krantz SECONDED the NOMINATION. Mayor Falck called for any other nominations. There were none. C/M Disraelly MOVED the adoption of Temp. Reso. #2240, Section 1 stating "that Harold Newman is hereby appointed as a regular member for the Board of Adjustment for a three year term, and Section 2, that John Lachmann and Charles Fox are appointed as alternate members for a term of one year -1-- 7/14/82 /nrr to expire on July 8, 1983". C/M Krantz SECONDED the MOTION. VOTE: ALL VOTED AYE 3. BOARD OF SOCIAL SERVICES - Temp. Reso. #2241 - Discussion and possible action to appoint three members to this Board. SYNOPSIS OF ACTION: RESO. NO. R-82-/7S PASSED. APPROVED appointment of James Benenfeld, Dr. Martin Green and Elizabeth Aguado, term expiring 7/14/83. Jon Henning read the resolution by title only. C/M Disraelly had applications from Mr. Benenfeld who had been on the board two years ago, Dr. Green who has helped and Elizabeth Aguado who was one of the volunteers for Social Services. He thought these three candi- dates would make excellent members on the board. He NOMINATED the three. C/M Krantz SECONDED the NOMINATION. Mayor Falck called for any other nominations. There were none. C/M Disraelly MOVED the ADOPTION of Temp. Reso. #2241 appointing for a one year term to expire July 14, 1983, Mr. Benenfeld, Dr. Green, and Elizabeth Aguado. C/M Krantz SECONDED the MOTION. VOTE: 5. CONSENT AGENDA ALL VOTED AYE a) Alan F. Ruf - Consultant City Attorney - 7/9/82 - $2,350.00 - Approval recommended by City Attorney. b) Richard S. Rubin - Consultant City Planner - Services for June, 1982 $2,242.50 - Approval recommended by City Manager. c) Mitchell Ceaser - Grants Consultant - 6/15/82 - $1,250.00 retainer and $5.25 expenses - Total $1,255.25 - Approval recommended by the City Manager. d) Milledge & Hermelee - Special Counsel for Fort Lauderdale Executive Airport - 5/24/82 - $5,495.39 - Approval recommended by the City Attorney. e) Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick, P.A. Special Counsel - 6/7/82 - $91.00 - Approval recommended by the City Attorney. f) Josias & Goren - Special Counsel - 5/28/82 - $250.50 - Approval recommended by the City Manager. g) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 6/10/82- $17,032.75 - Account #429-371-536-623 - Approval recommended by the City Engineer. h) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 6/18/82- $385.00 - Account #429-371-536-623 - Approval recommended by the City Engineer. i) Del Ricco Brothers Construction, Inc. - 1982 Storm Drainage Improvements - NW 82nd Street - Heathgate/Sunflower - Pay Estimate #3 - 6/30/82 $41,249.60 - Approval recommended by City Engineer. j) Blast Air, Inc. - Painting. of Tamarac Utilities West Water Plant - Pay Estimate #2 - 7/2/82 - $5,724.00 - Approval recommended by the City Manager. k) Dryclean USA at Family Mart Shopping Center - Approval for continued use of a temporary trailer for claims settlement and as a drop store until the Council Meeting of 9/8/82. 1) Authorization to allow the City Manager to go to bid for the following: (1) Four replacement centrifugal sewage pumps for Tamarac Utilities West. (2) Special multi -peril, law enforcement liability, excess recreation, business auto, boiler and machinery, excess liability for sod farm and Worker's Compensation Insurance. m) Curtis Field Plat - Acknowledgment of withdrawal of this project by the applicant. n) Approval to extend the tabling action of the following items to the Council meeting of 7/28/82: (1) Sabal Palm Country Club Condominiums (2) Sabal Palm Golf Course (3) Sabal Palm Golf Course Clubhouse -2- 7/14/82 /nrr o) Colony West Country Club - Executive Course and equipment operation prior to 8:00 A.M. - Approval to extend the tabling action to a future Council meeting. p) Montwood, Inc. - Reconfirmation of Stipulation #13 as revised - Approval to extend the tabling action to a future Council meeting. q) Blast Air, Inc. - Change Order No. 1 to Tamarac Utilities West painting bid - Approval to remove from the agenda until a future Council meeting. SYNOPSIS OF ACTION: APPROVED a) through q) with Item f) being changed from $250.00 to $250.50. V/M Massaro MOVED to APPROVE the Consent Agenda. C/M Krantz SECONDED the MOTION. C/M Disraelly pointed out that Item f) should by $250.50 instead of $250.00. vc•11r18F ALL VOTED AYE 7. FIRE AID AGREEMENT - Temp. Reso. #2244 - Discussion and possible action to approve a Mutual Fire Aid Interlocal agreement with the City of North Lauderdale. SYNOPSIS OF ACTION: TABLED to next regular Meeting 7/28/82. Jon Henning read the resolution by title only. C/M Krantz MOVED the ADOPTION of Temp. Reso. #2244 authorizing a mutual fire aid interlocal agreement with the City of North Lauderdale for fire fighting assist- ance, as per the agreement. V/M Massaro SECONDED the MOTION. Mayor Falck said he remembered something being brought up on this matter that had to be clarified. C/M Disraelly said that .the City of North Lauderdale had already approved this agreement, and their resolution was dated June loth. Jon Henning said that at the pre -agenda meeting, the Fire Chief had questioned this item. He referred to Page 4, Paragraph 6, the manning of equipment, it says " A Florida State Certified Fire Fighter or the equivalent". The question being, what was meant by equivalency. C/M Krantz added that there was another correction, on that same line, "as approved by the public safety director or the fire chief", the City of North Lauderdale wants it to state "and". C/M Disraelly said that Tamarac did not have a public -safety director. V/M Massaro noted that if there was a fire and the city was responding to it, who has time to go through all this. She added they should be certified people or they should not be manning them. C/M Disraelly said that this was a standard form that is drawn up and they did not change it, that the equivalent, referring to the fact that if it is a volunteer company, means they are not state certified but they are county certified and this is a standard form used between all cities. V/M Massaro said this should be discussed at another time and she withdrew her SECOND of the MOTION. Jon Henning said this could be discussed when the Fire Chief was present, ashe might be able to enlighten Council. Mayor Falck suggested that they table this item to the next meeting. C/M Krantz withdrew the MOTION. V/M Massaro MOVED that this item be TABLED to the next regular meeting. C/M Krantz SECONDED the MOTION. VOTE: ALL VOTED AYE -3- 7/14/82 /nrr 8. CYPRESS CREEK. COMMONS - Discussion and possible action on: a) Approval of a recreational boating improvement project agreement with the Florida Department of Natural Resources - Temp. Reso. #2243. b) Status report on South Florida Water Management District grant for improvements. SYNOPSIS OF ACTION:a) APPROVED Temp. Reso. #2243 b) Report by Richard Rubin - Planner's Compensation -TABLED to meeting of 7/16/82. RESO. NO. R-82- PASSED. a) Jon Henning read the resolution by title only. City Manager, Laura Stuurmans reminded Council that almost a year ago the City had sub- mitted an application to the State via the County for Phase II of the Cypress Creek Commons/Veterans Park Improvement. She added that this would include some additional boating slips and some paving to the parking area there, and staff recommends Council's approval of of the entering into the contract with the State for the Grant. C/M Disraelly questioned if this was the grant providing all the funds via the County. The City Manager said that was correct. C/M Disraelly stated therefore the County would give the City funds as the work was being done on a draw down and Council had been waiting for a long time for the final authorization. C/M Disraelly MOVED APPROVAL of Temp. Reso. #2243 authorizing the appropriate officials to execute the agreement. C/M Krantz SECONDED. VOTE: ALL VOTED AYE b) Richard Rubin reported that C/M Disraelly had made a presentation to the South Florida Water Management District of the City's appli- cation to them for a grant. He and C/M Disraelly gave a slide show showing that overall improvements had been constructed at the Cypress Creek Commons in accordance with previous grants, the jogging trail that was proposed there, parking lot and the new docks that are also going on the agenda for four new boat docks, trying to impress upon the Water Management Committee that the entertainment area would be an extension to the existing park design and fits totally within the area of water orientated recreation activities. He believed the Board Members present were very receptive with the design. Mr. Rubin said the Board had automatically given the City permission to place a band shell in their maintenance easement and added that the Water Management District was very conscientious of what will be placed in their easement along the water. Richard Rubin continued that SFWMD had indicated at the meeting, that the City's application for $100,000.00 was higher than they would at the moment like to give the City. He added that SFWMD reminded the City that the City's first grant application had been for $10,000.00, and he felt it would take a lot of assistance from the members of the Water Management District and members of the City Council to receive the full grant application amount requested. C/M Disraelly added that SFWMD had indicated that the funding would not be available until after their budget hearings in August and September for the next fiscal year. C/P? Disraelly thought perhaps the City could present them with a toned down cost estimate and eliminate some of the things that are is the original estimate. Richard Rubin stated that would be one way, another way would be to ask for less funding from them and obtain additional sources funding for the amount the City does not receive from the Water Management District. C/M Krantz questioned what the total was Richard Rubin answered that the original on a conservative note. He added that at of the original estimate? estimate was $180,000.00, that time, the City thought -4_ 7/14/82 /nrr the shelter would be placed along the water way and a solid foundation would be needed, rip rap, headwall along the banks and so forth, but after meeting with Council, he had met with the Water Management District, and they pointed out to them, that if the City could put the shelter 20 feet farther away from the water, they would not need the pilings, the foundation work and the rip rap, which would reduce the cost somewhat, because concrete was the most expensive item. C/M Disraelly brought up the fact that they did discuss previously that it was anticipated the cost of the sketches and diagrams, blue- prints and the creation of the model, would run about $700.00. He added that all that work had been done, council has the blueprints and sketches and the model. C/M Disraelly said that since there could be some time element involv- ed between now and when the South Florida Water Management District may or may not approve the Grant, he MOVED that as part of this status report, the City Manager be authorized to pay Richard Rubin the $700.00 that is involved. V/M Massaro objected and said that was never the agreement. She added that the agreement was that the fee would come out of the Grant when and if the City received it. She said that if the City did not receive the Grant, there would be no cost attached to this. She felt that Council should look back into their records and see what the agreement was. C/M Disraelly thought that the agreement was that if they did not receive the grant, the $700.00 would be paid, because of all the work that was involved in it. Mayor Falck suggested this be checked and reintroduced on Friday. 4. POSITION OF FISHING COMMISSIONER and a report by Vice Mayor. Massaro representative of the Florida Game SYNOPSIS OF ACTION: Report by V/M Massaro - Discussion and possible action concerning a meeting held with a and Fish Commission. Mayor Falck pointed out that this was not a Public Hearing. He added that this item was agendized to receive a report from Vice Mayor Massaro, concerning a meeting with the Representative of the Florida Fish and Game Commission. Mayor Falck said that since this is a re- consideration, any motions must originate with a member of prevailing side which voted to eliminate the position of Fishing Commissioner. V/M Massaro said there had been various items in the newspaper regarding this subject. She had taken it upon herself to contact a member of the Fishing Commission, Mr. Frank Morrell. She had gone into a very deep discussion with him and the City's Public Works Director, Ralph Thissen was there because the primary concern of the canals is drainage, and there have been several million dollars spent within the past few years correcting that so that the people of the City of Tamarac will not be experiencing flooding. She thought the City had made good strides in that direction and Tamarac had experienced better results than most cities surrounding Tamarac. She added that in the past few months,there has been a tremendous amount of rain and she thought very few areas had any flooding or even ponding of any great signifi- cance. She had not seen any and she had been looking to see the effect of the work that the city has completed and what is underway. She said she was very proud of the way the drainage had been progressing. She added, keeping that in mind, one of the first questions she asked was, referring to reefs, "would this affect the flow in the city's canals?" Mr. Morrell answered "yes", it would have to affect it to a certain degree. She felt that was something that needed very careful consideration, if it is going to have any affect at all, on the flow of the canals. -5- 7/14/82 /nrr Secondly, the Vice Mayor said she questioned him about putting more stock into the canals. He answered that that was a complete waste, that they only stock the canals where there are no fish, because once they stock them, the fish will multiply. He informed her that they breed daily, some die daily and this is accomplished by how many fish the canal has, depending on how many fish the canal can support. He had told her there were many things that affect this, algae is a necessary element for oxygen which is necessary for the fish to be able to exist. She added, that the fishkill that the City occasionally experiences, are because of lack of oxygen due in most cases to the elimination of algae and the vegetation that is necessary and required in order to produce this vegetation. He had told her that the City's canals were built not for fishing places, but for drainage, adding that these canals were not conducive to fish multiplying because they cannot get the vegetation that is needed. She said that the work that the City has been doing, the changes they have made to allow for slopes have served a dual purpose and the Council realizes that when they decided to change the ordinance that would allow slopes instead of seawalls in all cases, it created two purposes, one, the city was able to have addit- ional retention by doing this because it gave more room for the water to spread out, more holding area. Secondly, the City had further low water levels so that the City could get a little more vegetation for the fish. V/M Massaro pointed out that Mr. Morrell had said that whatever amount the City canals will allow for this vegetation to grow, that was the number of fish they could have in the canal as it would not produce any more and they would just die off. V/M Massaro also pointed out that the City did not allow algae to accumulate to any extent, because the City residents do not want that, they want clean canals and did not want the vegetation showing around the edges either. V/M Massaro said she had asked Mr. Morrell what the reefs would accomplish, will it produce more fish? Mr. Morrell had answered "no". He had told her that fish like to congregate, like to hide in the places where they create the reefs, they like to get under rock. He added that as far as the spawning is concerned, the same spawning will occur whatever it is. She added that most fisherman liked the challenge of fishing, so reefs would not accomplish it for them. She said that Mr. Morrell stated there would be the same amount of fish, it would not add to it, but he reminded her that this will affect the flow of the waters and he did mention the fact also that each fish will produce several thousand eggs each, during the spawning period, and if he were to put fingerlings in there again, they would eat them up. V/M Massaro added that Mr. Morrell had said that he had restocked canals in Tamarac previously because of pressure by a certain party, but it was a waste of money and soon after that, he started getting restocking requests from other cities adjacent to Tamarac. He told V/M Massaro at that time the Fishing Commission determined that they. had wasted the money to keep the people happy here, but they did not intend to waste the public's money any longer. V/M Massaro said that the fish we do have will reproduce, and more fish are not necessary. She had asked him if there was anything more that the City might accomplish by having a Fishing Commissioner, and he answered that nothing more than the City is doing right now. She added that the Public Works Director had met with Mr. Morrell several weeks ago or with some representative of the Fish and Game Commission, and had come to the City and explained matters and they are perfectly happy to come in at any time that the City has a new problem, but this is all he could do, as nothing could be accomplished by a Fishing Commissioner. C/M Kravitz pointed out that he had asked for this item to be placed on the agenda and he thought the Vice Mayor had given a very nice presentation. He also felt they were evading the question here, in that they have not only abolished a position of a Fishing Commissioner, and he was not refuting what the Vice Mayor had said, however, he did not see where the City is being hurt by having a Fishing Commissioner, where the Council could give direction if necessary, and he did not -6-- 7/14/82 /nrr L� see where anything was done wrong in all the years that the City had a Fishing Commissioner, which cost the City nothing. He added that no funds had ever been spent by a Fishing Commissioner, and he felt that if the Council did need advice and direction, they would have that position. C/M Kravitz continued that he felt that the past Fishing Commissioner has not refused to do anything, to his knowledge, that he has been asked to do and that was the reason he had asked for consideration. He added that the Mayor has always been fair, and has never tried to take one particular position and he was hopeful that today he will take the same position and give the public a chance to be heard even if this was not a public hearing, maybe Council will get some ideas as to what the public has to say and be guided by that. He stated that he still felt that by putting back a Fishing Commissioner, and re- naming the past Fishing Commissioner, the Council is not doing anything to hurt the City and if anything, Council is doing some- thing nice and again, he asked the Mayor to give the public the right to be heard on this. V/M Massaro said she would have to say something now that she had hoped she would not have to say. She said that the City has to do business with Tallahassee and the City has had problems with the City's Fishing Commissioner in that respect. Council had tried to keep Mr. Epstein happy, he is a member of the Charter Board, and he is also a member, recently appointed, to the Welcoming Committee, when he asked for it. She said that the City tried to show him that Council was not trying to push him out of anything. She added that the City has had problems with Tallahassee and the City could not afford problems with Tallahassee, there are too many things for which Council has to go to them. She added that she had letters in her file and a letter in her possession that had been written by Mr. Epstein to the Executive Director, Department of Game and Fresh Water Fish, which she did not wish to read entirely as it was two pages long, but which was without Council's knowledge, berating them. One of the letters was dated January of this year and she believed he had no right to send a letter like that, but he made it clear to them that they do not cooperate. She read a portion of the letter for the record. (Attachment #1) V/M Massaro said that several years ago, Mr. Epstein had petitioned the Governor and our legislature in Washington. She asked who had authorized him to go to Washington. V/M Massaro said there was one letter after another and the Council had gotten word back to either "lay off" or forget about asking them for anything. She said they were not playing games, the Council is there to do everything they can to help in any way that will be constructive, but when there is a destructive force, the Council has to do something about it. If anyone has a problem and they need something done, they just have to come to Council and if it is mean- ingful, it will be done. She added that the City cannot afford to have anyone writing to Washington or to the State, and causing problems for the City of Tamarac. She added that the City had enough problems that they are trying to correct from the days of the original developers here, that are costing the City tremendous amounts of money and the City is getting help in getting some of these done; the City was getting grants where no one else was getting them and she asked that the people let the Council do it in their way and the people of Tamarac will get what they need and what they want. -7-- 7/14/82 /nrr J C/M Disraelly pointed out that the Resolution that had appoint- ed the Fishing Commissioner, Mr. Epstein, in 1980, states "that the powers and duties of the Fishing Commissioner were established on May 27, 1981, to work with the City Administration, to coor- dinate programs, to improve fishing conditions in the City, to work with the City Administration, to answer questions regarding fishing in the City, to work with the City Administration to coordinate the establishment of fishing classes for the City residents, to make recommendations and to provide input to the City Council in the area of his responsibility and to attend and participate in meetings of the Recreation Committee as an honorary member". He added that apparently those duties and powers have not been followed through. C/M Disraelly commented on the stocking of the canals with a method of implementation, and in order to do that, the City must go through Tallahassee in order to implement the program, written permits for the structures would have to be obtained from the City of Tamarac, from the South Florida dater Management District, from the Department of Enviromental Resources, before the City can do these things, the City cannot just automatic- ally put something in the canal without the help of all those three agencies. He added that this takes time, and apparently the appli- cations were not made, but the decisions were made as to how it should be implemented. C/M Krantz said that in the past 7 1/2 years living in Florida, he has had occasion to ride the highways and he has passed liter- ally hundreds of canals and has seen people fishing there. He called 22 other cities in Broward County to find out whether they had Fishing Commissioners, and 21 of these had no fishing commission- er and they have people fishing there. C/M Kravitz said that he heard all this, he was not trying to find fault becasue he has the interest of Tamarac at heart and he was not trying to work contrary to Tamarac. His question was, had anyone from Council every called in their former Fishing Commission- er and said he was wrong or requested input? To the best of his knowledge, nobody has ever brought this up to a commissioner. He added that this was no criteria that other cities do not have a Fishing Commissioner, he thought it was to the advantage of Tamarac that they do have a Fishing Commissioner. He added that some cities do not have a Park Commissioner and it was to Tamarac's advantage that they do have a Park Commissioner. He said that when Council says that an individual has done wrong and he has never been told he was doing it wrong, then how was that individual supposed to correct his actions. Again, he requested that the Mayor allow the Public to speak, since they have taken the time out to come to the meeting. Mayor Falck said that in May of 1980, he did discuss this with Mr. Epstein, at the request of the City Manager at that time, Mr. Gross. He had followed up with a memo to Mr. Gross indicating the general discussion that he had had with Mr. Epstein, relating to the installation of reefs. He added that this was not the only time it was discussed. -8- 7/14/82 /nrr He said that as far as he was concerned, he had gone along with the idea of not reappointing the Fishing Commissioner because he thought it would be better for the City's total dealings with all agencies. V/M Massaro stated that she was pretty angry about this, because there is not another city more concerned about their people, the pleasures and whatever Council could do for the comfort of the people of Tamarac. Even with all this going on recently, Mr. Epstein had sent a memo to the City Attorney within the last few days, asking who had the authority over these waters to see -if he can bypass the City in what is done in these canals. She added that this was wrong and it cannot go on. Mayor Falck said that in order to satisfy the people who had come, he would give them three minutes to speak about whatever they wished to speak on. Mr. Wortman said that three minutes was not nearly enough time to say what they had to say. Mr. Wortman said that he had also spoken with Mr. Morrell and had a letter from him that was contrary to what V/M Massaro had said. Mayor Falck suggested that Mr. Wortman bring the letter in Mr. Wortman said he wanted the public to know about it. V/M Massaro interjected as they were running very late on the agenda, if Mr. Wortman had gotten a different answer from Mr. Morrell, she asked Mr. Thissen, Public Works Director, to tell the audience what Mr. Morrell had said and Mr. Thissen concurred with the Vice Mayor's previous statements. V/M Massaro suggested that Mr. Wortman be invited to the Mayor's office, they would have the tapes of what she had said and have Mr. Morrell there and between them, straighten this out. She added that talking back and forth like this accomplished nothing. She was trying to do what was right. Mr. Wortman said he thought that part of this hearing was out of order. Mayor Falck questioned what was not in order, as he was conduct- ing the meeting. Mr. Wortman said that certain allegations had been made about Mr. Epstein just now and he has not had a chance to answer that. Mayor Falck said that they were becoming involved in politics and that was not what they were there for. Mayor Falck said they were there to make a determination and he had indicated what the rules of the game were. He added that he was conducting the meeting according to Roberts Rules of Order and he believed he was correct in stating that this was a reconsideration and someone on the prevailing side can MOVE, if they wish. City Attorney stated that there was a memo dated July 7, 1982, and the origin of that memo had been at his own request. He added that there was a discussion and conference in his office with Mr. Epstein and himself to discuss jurisdictional questions and they discussed a great number of things in generalities. He said it was his suagestion_,_in brder'to -clarify In his mind as to what exactly he was being requested to do, to have these requests in writing. He added, that between the two of them, with him taking the upper hand, they had dictated this memo to have a record of the request. He wanted an accurate record of what the request was, and he asked that it be in writing and that was what had generated the memo. City Attorney read the memo into the record. (Attachment #2) Mr. Wortman said he wished to read Mr. Morrell's letter, however, Mayor said he could not, but that he could give it to the Mayor if ne wished. Mr. Wortman replied that he did not want to give it to the Mayor as he wished the public to hear it. Mayor Falck suggested that he send copies to the public. Mr. Wortman said that this was a railroad job just as it had been when they had removed the Fishing Commissioner from his position. He added 7/14/82 -9- /nrr the item had been on the agenda and by the time the public had come, the item had been taken and it was too late to speak. Mayor Falck said that Council was not to blame. His office had never been called for a time and how would they know that anyone was coming to speak on the subject. Mr. Wortman gave the City Clerk a number of petitions from people who he said wished the Fishina Commissioner ra nstntRH. C/M Kravitz said he wished to make a motion and the Mayor replied that C/M Kravitz could make a motion and then he would determine whether it can be entertained. C/M Kravitz made a MOTION to TABLE this item for some time in September when Council would reconvene so that they can get the letters in question from Tallahassee and get all the facts together. Mayor Falck determined that the MOTION was not in order and the City Attorney agreed. V/M Massaro added that they did not need to table this item, as, after they had all the information, any member of council could again request this item to be put on the agenda. 38. THE HORN & HARDART COMPANY - Presentation of a concept plan for a proposed restaurant in the Rum Runner Building. SYNOPSIS OF ACTION: Presentation was made by representatives of the Horn & Hardart Co. of a Concept Plan. Scott Fuerst, Attorney with the law firm of Ruden, Barnett, McClosky Schuster & Russell of Fort Lauderdale, representing the Horn & Hardart Company from New York presented a concept plan of a proposed Mark Twain Riverboat Restaurant which would be going into the Rum Runner Building. He pointed out that the building had been an eye sore for a number of years and his company wished to alleviate that eye sore by building this restaurant that is a combination Pizza Restaurant and amusement - entertainment center . He informed Council that Horn & Hardart had been in business for 70 yrs. and based in New York, their stock is publicly traded and they now have 35 Arby Restaurants and over 80 Bojangles in the South Florida area. Mr. Fuerst said that there was an existing Riverboat Restaurant in Kendall and they intended to build another one in Broward along with the one under discussior here. He invited Council members, individually or collectively along with the members of the Planning Commissiorj to go down to Kendall any time to see the operation. He was sure they would be impressed by it and will be able to better understand what they intend to do. He said he wished to get some kind of indication from Council today, before they proceed with the very extensive and time consuming operation of going through the applications in addition to signing a lease for the property and acquiring the adjacent lots for adequate parking. Mr. Lowell Farkas, Executive Vice -President of the Horn & Hardart Company, gave a slide presentation of the Kendall location and the Rum Runner location would be identical with a few minor changes inside. He pointed out that they had gotten their idea from Disney World,and it was a good place to take the children to be entertained and enjoy good food at the same time. He stated that it would take approximately one million dollars to get the restaurant to completion. He said that the store hours would be 11:00 A.M. to 11:00 P.M. except on Friday and Saturday, when the hours would be until midnight. He added that there would be certain restrictions that they did not allow anyone under the age of 18 without a parent. 7/14/82 -10- /nrr � � r He added that this would be a truly entertainment complex. He said in Kendall Lakes they had taken a property that had been somewhat of an eyesore in the community, an old skating rink and spent a million dollars at that location. He said that the local planners and the local police are delighted at what they have accomplished there, turning the operation around and clean- ing up the area. He pointed out that 70 per cent of the revenue comes from food and about 30 per cent of the revenue comes from people entertain- ing themselves with video games and skee ball. He added that of the 30 per cent, almost half of that comes from the kiddie games and rides. He said there was also a free kiddie ride area with slides and ladders, but the primary audience was families with children under the age of 14, and then the next group would be young adults. Mr. Farkas said that the music followed the turn of the century riverboar theme, with music and entertainment provided by animated characters with dixieland music and singing. C/M Krantz questioned the fact that they would not allow someone under 18 years of age if they wished a slice of pizza. Mr. Farkas informed him they would not be selling slices, this was a restaurant and they would have only whole pies and salad bar and a few select hero sandwiches. He added that they would not have table service; as people come in they would order and pick up their own food and there would not be a hang-out. He added that there would also be a dessert bar. Member of the Planning Commission, Marjorie Kelch, inquired whether they had made inquiry with the County in regard to access area, the possibilities were limited along Commercial Boulevard and where would they be placing their dumpster, etc. Roy Rosenbaum, representative for Horn & Hardart, informed Ms. Kelch that they had had preliminary discussions with the County and with the City Planner as well regarding the access question. He added that at the present time it was one per cut, they would certainly like additional access to the property, they would have to work with the County basically on that, since that is a county road. He said that the traffic flow would depend on the number of cuts in the access to the property . Ms. Ketch added that as they knew, she believed that they had sufficient room in the front if they cared to make an additional easement along there, which is something that the City is trying to achieve in various areas so that there would be an inter -connecting road between their various parking areas. She thought that this was something the City Planner had mentioned and it would be a very important consideration as far as the Planning Commission's approval or disapproval of this type of arrangement. Carl Alper, Member of Planning Commission, said he noted that there was no provision for games, electronic games, or other games in Section 28-168 which concerns itself with business uses, and what kinds of occupations may be operated in Tamarac. He added that if there were no provisions for that, they could not operate such a game. He was concerned about sprinkler systems, too, because of the theater and there wer many children and they were the important ingredient in the theater. -11-- 7/14/82 /nrr Mr. Alper then brought up the subject of redemption of prizes, which indicates to him a type of gambling and winning of prizes depending on their good fortunes with these machines. More important to him, were video games have been in this country, quite recently, like a cinder in the public eye. He added that the American Medical Society published very extensive research and analysis that showed increases in blood pressure, faulty heart rhythms, increased stree and physiological disturbances as a result of these video games. He added that there would be children coming in accompanied by their parents. He could envision five or six youths, 16 years of age desiring entrance and they would have a tough time excluding them, with possibly the police being called. Mr. Alper said he had spoken with the Chief of Police, who is opposed to video games, and with the principal of Tamarac High School who is bitterly opposed to video games, and if police do not patrol these areas they become a place where young people congregate and where people who sell drugs have easy access to these children. He also indicated that the City has a right to protect its children by appropriate legislation, which may be limiting electronic games or even excluding them to some places. C/M Disraelly pointed out to Mr. Alper that Item #51 on the agenda today was a proposed temporary ordinance that will clarify some of his problems on video games. C/M Krantz questioned the maximum estimated capacity. Mr. Rosenbaum replied it would be approximately 400 people. Mayor Falk questioned the number of games. Mr. Rosenbaum answered that there would be 62 or 64 games. C/M Disraelly added that this was something that the ordinance would curtail. Scott Fuerst said he wished to address the point of this becoming a hang-out. He said that this problem was identified and dealt with effectively in the Miami location and Mr. Farkas will tell them how this was done. He added that they worked with the Police and cleaned up the area and made it a better area than it had been. C/M Disraelly questioned the amount of video games, skee ball games, rides, etc., as he was the author of the ordinance pertaining to the video games and there might be some variables that will have to be considered and that may or may not be worked out. Mr. Farkas said he understood they would have to comply with local codes. Mr. Farkas added that in answer to the question of control, when a company like Horn & Hardart, that has been in business for 70 years makes an investment of a million dollars and they say they will control the type of people who come in, he thought that the 70 years in business can sort of assure the Council that the company has a strong management team with conviction behind it that is going to enforce those rules. He added that they have enforced it down in Kendall Lakes; the industry is not Dwned by Horn & Hardart, there is also Chucky Cheese and Show Biz? Pizza that are also in the industry, they also confronted with that problem, and they also control it. He said that once Council would see the type of customer that they draw, the adolescent that is looking for problems, is not going to want to ''hang out there, it will not be his cup of tea, he will not feel comfortable there in a game -room with 3 and 4 year --- olds, unless he is coming in to enjoy himself with his folks. He said that they would also have controls at the door. He said in addition, there will be the parents bringing the children, and he thought that parents still have the right as to the way that children can entertain themselves. -12-- 7/14/82 /nrr Acting Chairman Meyers of the Planning Commission, said he approved of the concept before them, keeping in mind the eye sore that is now on the site in question. Scott Puerst thanked. the Council for letting them present their concept plan. He added that they had not been looking for a yes or no, they just needed an indication from Council and Planning Commission as they will be working very closely with both. V/M Massaro .left the meeting at 10:45 A.M. 1. Presentation by Mayor Falck of a Plaque to Irving M. Zemel in appreciation of his contributions during his term of office as a Member of Council. SYNOPSIS OF ACTION: Mayor Falck presented 'laque to Irving M. Zemel. Mayor Falck read the _plaque. Irving M. Zemel thanked the Council and said he was glad he had not been forgotten. He said that his service to the citizens for the past seven years, in one capacity or another, have certainly been his pleasure and hopefully in the future, he will be up there again sitting with some of them, not too long from now. 9. 201 PROGRAM - Discussion and possible action to increase the funding allocated for Brown & Caldwell, Consulting Engineers, for work on this project. >YNOPSIS OF ACTION: APPROVED additional �4,000.00 with funds -o come from the Utility Pund . Mayor Falck pointed out that Council was familiar with what was transpiring in connection with this particular matter. He added that the item was on the agenda to authorize an increase in the amount allocated for Brown and Caldwell. C/M Disraelly questioned whether this would come out of TUW funds or City funds. Mayor Falck answered that it would come out of Utility Funds. C/M Disraelly asked if they needed an authorization for funding. City Manager stated that Council can.recall or at least it was her recollection, that the City has authorized Williams, Hatfield and Stoner to retain the services of Brown and Caldwell. She added that in Utilities West there is provision for payment of bills from Williams, Hatfield and Stoner and this would be an add on to their billing to the City. City Manager added that as to appropriation at this time, the funds .will be sufficient for this fiscal year. City Attorney said that the last figure had been $2000.00 that was authorized and this new amount was $4000.00. 7/14/82 -13- /nrr C/M Disraelly MOVED that funding via Williams, Hatfield and Stoner, be allocated for Brown & Caldwell., Consulting Engineers, for work on the 201 Program in an additional amount not to exceed $4,000.00. C/M Krantz SECONDED the MOTION. VOTE: C/M Krantz -- AYE C/M Kravitz - AYE C/M Disraelly - AYE V/M Massaro - ABSENT Mayor Falck - AYE 10. UNIVERSITY DRIVE BIKEWAY - Temp. Reso. #2260 - Discussion and possible action to endorse a plan for a bike path on the west side of University Drive from 14W 57 Street to Southgate Blvd. SYNOPSIS OF ACTION: APPROVED Temp. Reso. #2260 as revised 7 14/82. RESO. NO. R-82- /0 D PASSED. Jon Henning read the Resolution by title only. .He said he had taken it upon, -himself to clarify some of the language in this resolution and distributed revised copies of the resolution to Council, and he was confident that there was no change in the substance of the resolution or the concept of it, but it was merely a Scrivener's Correction. Mr. Henning proceeded to read the changes into the record: Section 2, "that the location of the bikeway will be adjacent to the west right-of-way line of University Drive with primary emphasis on constructing the Bikeway 100 feet west of the center line of University Drive at the west edge of the right-of-way. 'Where existing sidewalks are less than eight (8) feet wide, the City desires that the Department of Transportion expand the existing surface to a total width of eight (8') feet. "Where properties have no existing sidewalk, the bikeway shall be constructed with asphalt material, unless concrete is determined to be appropriate for a permanent installation." Section 3 "The City Clerk is directed to deliver copies of this Resolution to the various officials in the State of Florida, Dept. of Transportation etc." C/M Disraelly said that this resolution is endorsing the concept as he understood it. He added that it is not saying that the city will participate -or fund it, but the City is asking them to provide all the information necessary for Council to make that determination. Jon Henning said that since this was going to officials and to Tom Gustafson he felt this should be very clear as to what the specifi- cations were, and that was why he had adjusted it slightly. C/M Disraelly said that since this was purely to indicate that these were the things that the City would like to have done so far as the Bikeway project was concerned, he MOVED the ADOPTIO14 of Temp. Reso. #2260 revised 7/14/82. C/M Krantz SECONDED the MOTION. VOTE: C/M Krantz - AYE C/M Kravitz - AYE C/M Disraelly- AYE V/M Massaro - ABSENT Mayor Falck - AYE 7/14/82 -14- /nrr 11. COMPUTER SOFTWARE Discussion and possible action, to approve the purchase of an occupational license program from Municipal Management Systems as a sole source item and possible approval of a budget amendment. SYNOPSIS OF ACTION: WITHDRAWN from Agenda Laura Stuurmans, City Manager informed Council that staff would like to withdraw this item at this time. She added that while staff may be interested in the future in obtaining an occupational license program, they had been informed that it would be too late at this time to procure one and utilize it for this fiscal year. C/M Disraelly MOVED to remove discussion and possible action on Computer Software, C/M Krantz SECONDED the MOTION. VOTE: C/M Krantz - AYE C/M Kravitz - AYE C/M Disraelly- AYE V/M Massaro - ABSENT Mayor Falck - AYE 14. BROWARD LEAGUE OF CITIES BUSINESS - Discussion and possible action. SYNOPSIS OF ACTION: Report by C/M Disraelly C/M Disraelly informed the Council that he had received a letter from the Broward League of Cities, from Kurt Volker, the substance of which meant there would be no July membership meeting. He said budget and dues schedule has been prepared and Council will be receiving that. He said that the June 17th, dinner meeting minutes were attached and they are available. C/M Disraelly said that there was a remark about the FPL rate increase resolution, which was adopted by the Board on July lst and they had taken the Tamarac Resolution and added two more sections to it for the League's benefit. He added that they had indicated that the League will move its offices from Coral Springs to City Hall, City of Fort Lauderdale effective October lst. C/M Disraelly added an item that would be of interest, especially to the City Manager, that Board Member John Bertino, suggested that the league act as a clearing house for the listing of surplus items that the City might want to get rid of. He added that the League could then prepare a periodic listing of these items, with asking prices,and it might be way to do that without going to bid to get rid of surplus items; it was an item to consider. Mayor Falck said that the League had found that certain members were disposing of items of equipment that other members needed and they found that the prices that some of these people were getting from the outside was so very low, that they were really depriving other members of the organization of an opportunity to obtain these items at a very good price. C/M Krantz stated that clearing house was a very good idea. C/M Disraelly said they were also suggesting the.consideration of joint purchasing program. Mayor Falck said he had reported once before to Council that in the Northwest Broward area they had done a lot of discussing on how that could be worked effectively, but as in so many instances, they found there were a lot of purchasing agents who were interested in only their own little empire, there was no opportunity to get them working together so that they could pool their efforts, which could save everyone money. C/M Disraelly said they could possibly put together a contract like the state contract and do it for the northwest cities. 7/14/82 -15- /nrr C/M Krantz asked if he could obtain a copy of the minutes of the June 17th Dinner Meeting. C/M Disraelly said that if any member of Council wanted a copy of the memo and the minutes, he would be happy to have copies made. C/M Krantz suggested that they get copies of League Business automatic- ally as they had a file on it and he would like to have copies. C/M Krantz asked about the location of Fort Lauderdale City Hall. C/M Disraelly informed him that it was 100 N. Andrews Avenue. Mayor Falck thought this was a very good move because the space was at a good rate and there was adequate parking and people who had business around the noon hour could :use the cafeteria. It was centrally located and in keeping with serving all 28 municipalities, that were members. He thought it was a little less convenient for Tamarac, as Coral Springs was so close but the parking and everything else would be great. 24. ZONING REGULATIONS -- Temp._Ord. #846 - Discussion and possible action to amend Chapter 28 of the Code by creating an RM-5 Residential Multi -Family Dwelling District. First Reading. SYNOPSIS OF ACTION: ADOPTED Temp. Ord. #846 as amended 4/8/82 on First Reading. Jon Henning read the ordinance by title only. C/M Disraelly said that this ordinance has been under scrutiny and examination since early 1931. Fie added that it was about 1 1/2 years that Council had been making corrections in this, part of which is to create this RM-5 District because there is the possibility that the City does want an area where there are more than the four permitted on the R-111 and R-lC and other than townhouses and so forth. lie said that this incorporates the items that are needed in order to create this and will take its place in the code book. C/M Disraelly MOVED that Temp. Ord. #846, as amended 4/8/82 be PASSED on First Reading. C/M Krantz SECONDED the MOTION. Mayor Falck asked if all Council was satisfied with this. C/M Disraelly felt the- new table which was being created and the RM-5 that was being established will put it in conformity with all of the set -backs, distances within buildings, rear yard, front yard, that would make it compatible with the RD-2 RD-1, the RD-7 Districts. Ile added that they would all have similar side yard set --backs and the lot areas, the coverage, minimum foot areas will be compatible with the others. VOTE: C/M Krantz - AYE C/M Kravitz - AYE C/M Disraelly -- AYE V/M Massaro - ABSENT Mayor Falck - AYE 25. ZONING REGULATIONS - Temp. Ord. #982 - Discussion and possible action to amend Chapter 28 of the Code pertaining to height, plot size, density, floor area, length of structures and setbacks of residential building or structures in all zoning districts by providing a composite table of setback lines and miscellaneous zoning district requirements. First Reading. 7/14/82 -16- /nrr SYNOPSIS OF ACTION: Held for meeting on Friday, 7/16/82 Mayor Falck questioned whether this item was to be heard, as he thought it was going to be delayed today. C/M Disraelly said he would appreciate it being considered because the Planning Commission had it on their agenda for the next meeting. He said they had some questions that were raised pertaining to this and he did not think all were quite valid. He added that the City Planner had discussed this with the Planning Commission and this again is one of those ordinances that was two years in the making. He would appreciate if Council would hear this on first reading. Mayor Falck said he would agree to hearing it on first reading but he would like to suggest that it be brought up in the afternoon or on Frdiay because the Vice Mayor was absent and he was not sure if she had any problems with this ordinance. C/M Disraelly questioned if this had been advertised for second reading on July 28. The Assistant City Clerk said it would not be advertised until it was passed on first reading. She added that if it did not pass until Friday, there would still be time to advertise for the 28th. Mayor Falck reiterated that they would take this item up in the afternoon or Friday at the latest. 26. LANDSCAPING REQUIREMENTS - Temp. Ord. #985 - Discussion and Possible action to amend Section 6-13 (a) of the Code by revising the minimum landscaping requirements in single family and residential districts. First Reading. SYNOPSIS OF ACTION: ADOPTED Temp. Ord. #985 as amended on first reading. Jon Henning read the ordinance by title only. C/M Disraelly pointed out that possibly in line 25 RM-5 should be included there. He questioned whether it should be added now and then if it did not pass second reading, they would delete it. City Attorney said that this would be the proper time to add it as council was considering the previous ordinance. C/M Disraelly added that this was to improve the landscape requirements which is currently 2 trees per home, that it be changed to 3 trees per home. C/M Disraelly MOVED the ADOPTION of Temp. Ord. #985 with the revision on Line 25 inserting RM-5 between R-2 and RD-7. C/M Krantz SECONDED. VOTE: C/M Krantz - AYE C/M Kravitz - AYE C/M Disraelly - AYE V/M Massaro - ABSENT Mayor Falck - AYE 28. WELLENS FURNITURE COMPANY - REVISED SITE PLAN - _Temp. Reso. #2328 - Discussion and possible action on a revised site plan for an addition. SYNOPSIS OF ACTION: WITHDRAWN from Agenda as requested by Applicant. C/M Disraelly advised the Council that the City Clerk's office had advised him that Mr. Wellens has asked for this item to be withdrawn. He added that this had been going on for 1 1/2 years and it was a concept and Mr. Wellens had never paid all the fees required. C/M Disraelly MOVED that this item be removed from the agenda and that all fees that have been paid'to the City are forfeited to the City with no recourse. C/M Krantz SECONDED the MOTION. -17- 7/14/82 /nrr VOTE: C/M Krantz - AYE C/M Kravitz - AYE C/M Disraelly - AYE V/M Massaro - ABSENT Mayor Falck - AYE 29. TAMARAC PLAZA (Southwest corner of Brookwood Boulevard and McNab Road) - Temp. Reso. #2268 - Discussion and possible action on recission of parking waiver. SYNOPSIS OF ACTION: Held for meeting on Friday, July 16, 1982. Jon Henning read the resolution by title only. C/M Disraelly said the implementation to rescind the limited waiver have not been taken care of and at a prior meeting it was tabled to this meeting in order to have the parking lights installed. All that Council has today, is a memo that the underground wiring for the parking lot lighting has been installed, inspected and approved. C/M Disraelly pointed out that originally this was to be completed within 90 days of April 14th. He continued that a cash bond was to have been posted prior to April 28th and that was not done either. Mayor Falck questioned what was meant by proper action, proper action on what? C/M Disraelly answered that the lights have not been installed and it was all contingent on the installation of the lights in the original waiver, and handicapped parking and a hedge and so forth and those things have not been done. C/M Disrally said they were in violation and it was all supposed to have been done within 90 dyas or a bond was to be posted so that the City could do the work. Mayor Falck asked if C/M Disraelly was suggesting that the City's legal department contact them and get one or the other done? C/M Disraelly said if the City Attorney would go back to Temp. Reso. #2247, dated April 14th and that resolution was done to clarify a previous resolution that was misinterpreted. Originally the resolution was misunderstood and the City passed a second resolu- tion stating what had to be done. He added that that had not been completed and this resolution #2268 was written to force them to do what the City wanted them to do, or the City would rescind the parking waiver. Mayor Falck scheduled the item for Friday morning for a determination. MEETING WAS RECESSED TO 1:30 P.M. 7/14/82 /nrr MEETING WAS CALLED TO ORDER AT 1:30 P.M. Nape ROLL CALL: PRESENT: Mayor Walter W. Falck 4 Vice Mayor Helen Massaro Councilman Irving M. Disraelly Councilman Philip B. Kravitz Councilman David E. Krantz 52. Kaveney Case - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. APPROVED payment of $45,000 in settlement with each of the 2 insurance carriers paying $15,000 and the City paying the remaining $15,000. Jon Henning suggested Agendizing by Consent authorization for settle- ment of the Kaveney Case. C/M Disraelly MOVED the Agendizing of the possible settlement of Kaveney vs. the City of Tamarac, et al for dis- cussion and possible action. SECONDED by C/M Krantz. VOTE: C/M Krantz Aye C/M Kravitz Aye C/M Disraelly Aye V/M Massaro Absent Mayor Falck Aye The City Attorney said the Mayor and the carriers defending - the City had a Reservation of Right as to the coverage; on June 1 and 16 three employees bf the Police Department were served. He said the settlement negotiations have been on -going and they have agreed to $45,000 providing the City would carry 1/3 of this expense and the other 2/3 would be borne by the insurance carriers. C/M Disraelly asked if the City has a confirmation from the second carrier that they are in agreement and Mr. Henning said he has had a telephone agreement from both carriers. C/M Krantz asked how long this case has been in progress and Mayor Falck said for several years. C/M Disraelly MOVED that in concurrence with the other two carriers, that a total of $45,000, with the City's share not to exceed $15,000, with the other two carriers implemented at $15,000 each, that the City receive a release from Mr. Kaveney through his attorney and that this case be settled. SECONDED by C/M Krantz. VOTE: C/M Krantz Aye C/M Kravitz Aye C/M Disraelly Aye V/M Massaro Absent Mayor Falck Aye _ 31. Home ConstructionWarranty Bond - Temp. Reso. #2250 - Discussion and possible action to release a bond posted as a warranty against defects for a home located at 9402 NW 70 St. SYNOPSIS OF ACTION: APPROVED Temp. Reso. #2250. RESOLUTION NO. R-g;Z- / O 7 PASSED. Jon Henning read the Resolution by title. C/M Disraelly MOVED the ADOPTION of Temp. Reso. #2250, SECONDED by C/M Krantz. VOTE: *V/M Massaro entered the C/M Krantz Aye C/M Kravitz Aye C/M Disraelly Aye V/M Massaro Absent Mavor Falck Aye meeting at 2:10 P.M. - 19 ` 7/14/82 /pm 32. Woodlands Section 6 - Vacation #994 - Discussion and possible utility easement along the rear SYNOPSIS OF ACTION: APPROVED Temp. Ord. #994 on first reading. of Utilit Easement - Temp. Ord._ action to vacate a portion of a of Lot 15, Block 43. First Reading. Jon Henning read the Ordinance by title. C/M Disraelly MOVED the ADOPTION of Temp. Ord. #994 on first reading, SECONDED by C/M Krantz. VOTE: C/M Krantz Aye C/M Kravitz Aye C/M Disraelly Aye V/M Massaro Absent Mayor Falck Aye 36. Hoj2kins Plat - Discussion and possible action on: a) Plat -- Temp, Reso. #2259 b) Water Retention Agreement c) Development Review Agreement d) Development Order - Temp. Reso. #2369 SYNOPSIS OF ACTION: a) APPROVED, RESOLUTION NO. R PASSED. b) APPROVED, c) APPROVED, RESOLUTION NO. R PASSED. d) Agendized by Consent (Page 1)APPRCVED subject to receipt ',of check from the developer. a) Jon Henning read the Resolution by title. C/M Disraelly said this is a simple plat on Commercial Boulevard and 57th St. and they are indicating on this plat that most of it will have non -vehicular entrance and there is an access easement being provided so that people to the east will be able to get onto their property through the Hopkins Plat. C/M Disraelly MOVED the ADOPTION of Tem . Reso. #2259, SECONDED by C/M Krantz. VOTE: C/M Krantz Aye C/M Kravitz Aye C/M Disraelly Aye V/M Massaro Absent Mayor Falck Aye b) C/M Disraelly said Council has received two checks, one is $1,564.50 for the Water Retention Agreement that will appear on the Development Review; he MOVED the proper City officials be authorized to sign the Water Retention Agreement. SECONDED by C/M Krantz. VOTE: C/M Krantz Aye C/M Kravitz Aye C/M Disraelly Aye V/M Massaro Absent Mayor Falck Aye c) C/M Disraelly MOVED that the Development Review Agreement be APPROVED and the proper City officials be authorized to sign. SECONDED by C/M Krantz. VOTE: C/M Krantz Aye C/M Kravitz Aye C/M Disraelly Aye V/M Massaro Absent Mayor Falck Aye d) C/M Disraelly said the Development Review shows the retention of $1,564.50 for which the City has received a check and there is also the requirement of drainage improvement. He said the City has received a check for $106.99 - 20 - 7/14/82 /pm but this Agreement will be subject to the Finance Department determining the exact amount and the applicant will pay the fees as soon as they are determined. C/M Disraelly MOVED the ADOPTION of Temp. Reso. #2369 subject to the receipt of that check, SECONDED by C/M Krantz. Jon Henning read the Resolution by title. VOTE: C/M Krantz Aye C/M Kravitz Aye C/M Disraelly Aye V/M Massaro Absent Mayor Falck Aye 37. Woodview Tract 38 - Model Sales Facility - Discussion and possible action to renew a model sales permit (tabled from 6/23/82). SYNOPSIS OF ACTION: APPROVED model sales permit to extend to 1/11/83. C/M Disraelly said the City has received the check in the amount of $300 and he MOVED the temporary model sales permit be extended to January ll, 1983, SECONDED by C/M Krantz. VOTE: C/M Krantz Aye C/M Kravitz Aye C/M Disraelly Aye V/M Massaro Absent Mayor Falck Aye 42. Colony West Executive Golf Course - Canal Reservation Release - Discussion and possible action, and report by the City Attorney (tabled from 6/23/82). SYNOPSIS OF ACTION: TABLED to the 9/8/82 meeting. Jon Henning said they have obtained an extension for consideration, observing the right to make objections until September 15. This has been granted by the Palm Beach Water Management Division; the attorney for the property has no objection at this time and the arrangement has been confirmed. He said that basically, the City is not asserting that they have an objection but there was a thirty day deadline to make objections and within that period of time the City has reserved their right to make an objection and have extended the deadline to September 15. He said by that time Council would have an opportunity to further investigate the ramifications of this situation. C/M Disraelly MOVED that the Colony West Executive Golf Course canal reservation be TABLED to the meeting of 9/8/82, SECONDED by C/M Krantz. VOTE: C/M Krantz Aye C/M Kravitz Aye C/M Disraelly Aye V/M Massaro Absent Mayor Falck Aye PUBLIC HEARINGS 15. Redistricting - Temp. Ord. #989 - Discussion and possible action to adjust the boundaries of the election districts. Second Reading. SYNOPSIS OF ACTION: APPROVED ORDINANCE NO. O- PASSED. Temp. Ord. #989 on second reading. Jon Henning read the Ordinance by title. Mayor Falck opened and closed the public hearing with no response. C/M Krantz MOVED the ADOPTION of Temp. Ord. #989 on second and final reading, adjusting the boundaries of the election districts of the City of Tamarac, describing said districts, including a map of said districts and containing an effective date. SECONDED by C/M Disraelly. - 21 - 7/14/82 /pm VOTE: C/M Krantz Aye C/M Kravitz Nay C/M Disraelly Aye V/M Massaro Absent Mayor Falck Aye 17. The Artists Workshop, Inc. - Petition #12-Z-82 -- Temp. Reso. #2245 Discussion and possible action to grant a Special Exception to allow the teaching of art classes in a B-1 zoning district at Brookwood Plaza, 7128 W. McNab Road. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R g' 9/ PASSED. Tem . Reso. #2245 prohibiting classes after sundown until such time as lights are installed in the parking area. Jon Henning read the Resolution by title. Mayor Falck opened and closed the public hearing with no response. C/M Disraelly said that, unfortun- ately, the people who reside in the homes directly behind Brookwood Plaza did not receive notice of this meeting or the Planning Commission meeting. He asked the City Attorney if there is a problem with this legally and Jon Henning suggested tabling this item to the next meeting since, according to Code Section #28-200, it is the applicant's obligation, at his expense, to furnish a certified list of all the property owners within a 300' radius. 'ape C/M Disraelly addressed the applicant and said that the parking lot 5 lights are not up to City Code and would have to be brought up to that standard before evening classes would be allowed at this location. Jon Henning said that since there will not bra a quorum in fifteen days it would be best to consider this application at this time. C/M Disraelly asked Robert Gross if he would be selling pictures and he said yes but no framing and there will be no undraped models used. C/M Disraelly MOVED the ADOPTION of Temp. Reso. #2245 granting special exception prohibiting classes after sundown until such time as lights are installed in compliance with the City Code. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 18. Jo Jo Pizza Restaurant - Petition #13--Z-82 - Tem . Reso. #2246 - Discussion and possible action to grant a Special Exception to permit a restaurant in a B--2 zoning district at McNab Plaza. North, 7160 N. University Drive. SYNOPSIS OF ACTION: APPROVED Temp. Reso. #2246 subject to closing not later than 2 A.M. local time. RESOLUTION NO. R-01`/001. PASSED. Jon Henning read the Resolution by title. Mayor Falck opened and closed the public hearing with no response. V/M Massaro MOVED that this petition for a restaurant at the location indicated be approved subject to a closing of not later than 2:00 A.M. local time. SECONDED by C/M Krantz. Richard Rubin pointed out to Council that at the Planning Commission meeting it was determined that there was sufficient parking for this restaurant at this location and there will be daily garbage pickup according to the Code. Ed Weiner, representative of the owner, said at the Planning Commission meeting he agreed to installation of a smoke detector in the kitchen area and the dining room and the trash room. C/M Disraelly said this is part of the MOTION. VOTE: ALL VOTED AYE - 22 - 7/14/82 /pm 19. Jo Jo Restaurant - Petition #14-Z-82 - Temp. Reso. #2247 -- Discussion and possible action to grant a Special Exception to permit on -premises consumption of beer and wine in conjunction with a proposed restaurant in a B-2 zoning district at McNab Plaza North, 7160 N. University Drive. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R a-113 PASSED. Temp Reso. #2247 with a closing time of not later than 2 A.M. local time, and it is not transferable. Mayor Falck opened and closed the public hearing with no response. V/M Massaro MOVED that Temp. Reso. #2247 be APPROVED and that -the consumption of beer and wine be restricted to not later than 2:00 A.M. local time and this special exception is not transferable. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 20. GRG Fitness Centers, Inc. - Petition #15-Z-82 - Temp. Reso. #2248 - Discussion and possible action to grant a Special Exception to permit a figure salon in a B-2 zoning district at McNab Plaza North, 7160 N. University Drive. SYNOPSIS OF ACTION: APPROVED (reconsidered,at 7/16 and 7/22 meetings.) Ed Weiner, Architect from Plantation, said he would ask that Council consider the installation along with this Resolution of a temporary trailer for purposes.of sales or registration of applicants for the fitness center. He said the owner of the shopping center has given permission; therefore, he is seeking Council's approval. Mayor Falck closed the public hearing and C/M Disraelly MOVED the APPROVAL of this Special Exception and there will be no food served there. C/M Krantz SECONDED. Larry Friedman, Director of Leasing for the landlord, said before leasing to these people they inquired about them and corporately there is no connection with any other operation that they are aware of. He said, however, that the people who are running GRG Fitness Centers have been in business in several centers which have been established and sold continually here in the Fort Lauderdale area and elsewhere. Gene Ferguson, advisor for Richard Herman, the owner, said they have been in business for twenty-five years and he is helping them build this spa. He said he owned a spa for 10 years on Washington St. in Hollywood and sold it to Jack LaLanne. VOTE: ALL VOTED AYE C/M Disraelly explained that Mr. Weiner's original request to discuss a temporary trailer would have to be Agendized and this would be put on the Agenda for the next meeting. p _ g_Pet to rezone - Temp _Ord. 6. ##968 Toll DeDisccussion and possible ossiblelaction - -_ �T . �tion zone the lands on the east side of NW 94 Avenue, extending eastward to the western boundary of Paradise Estates, south of the Colony West Executive Golf Course, from R-4A (15 dwelling untis per acre) to R-3. First Reading. a) Acceptance of Affidavit of Publication, Affidavit of Posting and Affidavit off' Mailing. b) Consideration of Application. SYNOPSIS OF ACTION: (See page 27) - 23 - 7/14/82 /pm Mayor Falck suggested having the Public Hearing on Item 16 and Council not take any action until they dispose of Item 34 since they are inter- related. Richard Rubin said the rezoning before Council is for a parcel of land 18.741 acres in size. He said at the Planning Department's request, the applicant was asked to come in and change the zoning of his property to be in compliance with the City is adopted Land Use Plan. He said the Land Use Plan for this parcel designates the western portion at 10 units per acre and the eastern portion on the east side of the canal to 5 units per acre. The property to the north and south are golf courses to the west there is 94th Ave., vacant land also planned to be 10 units per acre and to the east there are existing single family homes, Paradise Estates. The City Planner said the total amount of units permitted on this piece of land by the Land Use Plan reflects approximately 160 dwelling units. The applicant has submitted the site plan showing that he will not build more than 148 dwelling units on the over-all property. He said the City is in receipt of two letters from Broward County's Planning Council stating that the plat and the site plan showing 148 units is in compliance with the County and City's Land Use Plan; therefore, the City Planner requested that a condition be added to the Ordinance stating that the maximum amount of units on this property cannot exceed 148. Marvin Weissman, resident of Paradise Estates, said the members of the City Council have been presented with facts at various times by the citizens of Paradise Estates. Support has been requested and promised but, apparently, the hearing of this petition demands brief facts be repeated for the Council's consideration.to vote to rezone the property trom R4A to RIB: 1. Their attorney's request for rezoning was made on 1/29/82 and a repeat request on 3/23/82 that has never been agendized. 2. Residents many times showed the unity of the citizens regarding the rezoning from R4A to RIB. 3. Both the County and the City Land Use Plan mandate the updating of the zoning no later than 1982 to comply with existing density. 4. The density map that now exists in City_Hall clearly displays the low density 0-5. It is the one map displaying past and future City plans that clearly reflects RIB single family homes. Most of the citizens were convinced by this map that the zoning existing when they purchased their homes was RIB. There was never a question that anything would be considered other than single family homes in low density of 0--5 which requires zoning of RIB. 6. The City Planning Commission voted unanimously 5-0 in favor to recommend rezoning to RIB. Morton Student commented on the concern residents of Paradise Estates have about homes of unequal value being built in their area. Nat Singer, homeowner of Paradise Estates and a member of the Executive Committee of the Association, said that if anything is done to change their investments with regard to their homes, the homeowners will go through the courts to get some relief. Mayor Falck closed the public portion of the meeting. Mayor Falck suggested holding Council's decision until after discussion on Item 34. 34. Patio Homes at Fairmont - Discussion and possible action on: a) Site Plan for Phase I - Temp. Reso. #2256 b) Plat for Phase I - Tem . Reso. *2257 c) Water and Sewer Developers Agreement for Phase I d) Acceptance of Ingress/Egress and Drainage Easement - Temp. Reso. 1221;R (to be located on the east side of NW 94 Avenue, south of Colony West Executive Golf Course) SYNOPSIS OF ACTION: Held for later in the day. (See Page 26 and 27) - 24 - 7/14/82 /pm a) Richard Rubin said the site plan before Council reflects the total development of 148 homes overall, with access on the west from 94th Avenue and a wall planned on the east separating this development. He said there is the inclusion of a non -vehicular access line separating the roadway system in Paradise Estates from this development so it will only be utilized by emergency vehicles. He said there is also a hedge shown at this roadway intersection to prevent the normal passenger cars from passing from one development to the other, therefore, the only public access will be from the west. V/M Massaro asked if the wall would be installed with the first Phase and the City Planner said not according to the drawings before Council now. He said the reason for this is the first Phase is approximately Tape 1,000 feet west of Paradise Estates. Mr. Rubin said the site plan 6 shows a total of 38 units in the first phase with an overall density of 5.5 dwelling units per acre and the Planning Council has stated that this is in accordance with the Land Use Plan for this parcel. He said the site plan setbacks are predicated upon the rezoning to R3 and they conform to the R3 zoning requirements. The City Planner said it has been determined by the City Attorney that the beautification fee should not be collected in the Engineering Depart- ment but should be collected in the Building Department at the time of permit. He said when the developer comes in with plans for the re- creation parcel, the staff will then determine the proper amount of ERC's and he will enter into a separate Developer's Agreement. Mr. Rubin said Mr. Toll has agreed to make that change in the Water and Sewer Agreement and the fees required for on -site drainage improvements, water and sewer and recreation are included in the Development Review Status Sheet on Page 2. Mr. Rubin said on the last page of the Development Review Sheet the fees are listed that have been paid by the applicant to date for this site plan and the approval of the plat and site plan are subject to the rezoning to R3 with a maximum density of 148 units on the overall develop- ment. Jon Henning read the Resolution by title and V/M Massaro asked that the words "recreation envelope" from Tract R1 be removed and it will be necessary for them to come back to Council with a Revised Site Plan when they plan to do anything with that particular parcel. C/M Disraelly expressed his concern to Mr. Toll about Buildings 7 and 10 between Phase 1 and Phase 2 because that is an access or an easement for the people to get in and out of their homes and in an emergency it would be difficult for the City to supply emergency aid. He said Mr. Toll has sufficient room to set back Buildings 5 through 8 and 9 through 12 and he requested the 50' right cf way from Mr. Toll. He said this would be the only single family attached area in the City where an easement runs between two dedicated streets. Mr. Toll agreed to move the buildings closer. V/M Massaro MOVED that Phase I of the site plan for Patio Homes of Fairmont Section 1 be APPROVED subject to the removal of the designation of Tract R1 as "recreation envelope" and that before a building permit of any kind can be requested for that parcel, a revised site plan has to come in for approval. Secondly, the road that is now shown as access utility easement between 60th St. and 61st St. be widened to 50' with a 24' paving area and the other 13' on each side be grassed area or whatever is required according to City Code. This is also subject to payment of the checks: $19,800.00 covering Parks and Recreation Fees. 500.00 covering ERC Review Fee 9,723.06 covering drainage retention 722.33 covering drainage improvement fee $30,745.39 Total This Item was held awaiting the receipt of these checks from Mr. Toll. - 25 - 7/14/82 /pm 35. Paradise Estates - Discussion and possible action on a request by the residents of this section for a City -initiated rezoning of certain lands within this section and certain lands to the west bounded by the canal. SYNOPSIS OF ACTION: WITHDRAWN at the request of Nat Singer, representative of the Home Owners Association. V/M Massaro MOVED to DENY. Mayor Falck said that this petition should be denied by the City and he asked Mr. Henning's opinion and Mr. Henning said this is so unless they wish to withdraw the petition. Richard Rubin said Council does not initiate rezoning according to the City Code; therefore, C/M Disraelly said that the applicant can petition and start the application themselves if they so desire. Jon Henning said this should be DENIED by Council unless the applicant wishes to withdraw the request. Nat Singer, member of the Executive Council of the Home Owners Association said he would withdraw this item for rezoning for the present. 40. Tamarac Gardens - Discussion and possible action: a) Renewal of model sales permit b) Release of rerforftance Lond l+osted for paving and drainage upon receipt of a one-year warranty bond - Temp. Reso. #2254. SYNOPSIS OF ACTION: a) APPROVED for RESOLUTION 140. R--19- (g I PASSED. 6 months ending l 27/83 subject to review of Water & Sewer Agreement. b) APPROVED Temp. Reso. #2254 upon receipt of one-year warranty band. a) C/M Disraelly said they have received a check for $300 covering the model sales permit for Tamarac Gardens and he MOVED that they have a renewal for that model sales permit for 6 months ending 1/27/83. V/M Massaro suggested any approval be subject to the review of the number of ERC's to determine whether or not it is accurate and the reexamination of the Water and Sewer Agreement to determine this. V/M Massaro said this is also subject to the payment within one week of any outstanding revenues. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE b) Jon Henning read the Resolution by title. Tape C/M Disraelly MOVED the ADOPTION of Tem Reso-#2254 releasing a perform- 7 ance bond subject to a one year warranty bond in the amount of $15,561.25 and upon the payment of additional engineering fees in the amount of $2,935.53. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 34. Patio Homes at Fairmont - Discussion and possible action to: a) Site Plan for Phase I - Temp. Reso. #2256 b) Plat for Phase I - Temp. Reso. #2257 c) Water and Sewer Developers Agreement for Phase I d) Acceptance of Ingress/Egress for Drainage Easement - Temp. Reso. #2258 (to be located on the east side of NW 94 Avenue, south of Colony West Executive Golf Course) SYNOPSIS OP ACTION: a), b) and c) RESOLUTION NO. R--$d1� Q PASSED. APPROVED with conditions, d) APPROVED RESOLUTION NO. pT,SSLD, (See Page 24) RESOLUTION NO. R.. PASSED. - 26 - 7/14/82 /pm a) C/M Disraelly said he has received the following checks=from Mr. Toll: $19,800.00 covering Parks and Recreation Fees 500.00 covering ERC Review Fee 9,723.06 covering drainage retention 722.33 covering drainage improvement fee $30,745.39 total C/M Disraelly MOVED the ADOPTION of Tem . Reso. #2256 subject to an application being filed for the rezoning of the recreation parcel at or before an application is made for a building permit on that site. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE V/M Massaro said for the record that the on -site beautification fee must be paid at the time of the building permit issuance. That fee is$1,214.20. b) Jon Henning read the Resolution by title. C/M Disraelly MOVED APPROVAL of Temp. Reso. #2257 with the condition that the easterly portion marked "42' access utility and drainage easement" will be changed to "50' right-of-way" dedicated to the public, and that Tract R-1 is intended for recreational use and they can not put units on it. This plat will have no greater density than 38 units and one recreation center. SECONDED by V/M Massaro. VOTE: ALL VOTED AYE c) V/M Massaro MOVED APPROVAL for the Developers Agreement for the Fairmont Tract Phase I project which consists of 38 ERC's and leaving from the exhibit the non-residential meter. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE d) Jon Henning read the Resolution by title. V/M Massaro MOVED ACCEPTANCE of the drainage easement as indicated on Tem]. Reso. 42258, SECONDED by C/M Disraelly. , VOTE: ALL VOTED AYE 16. Toll Development, Inc. - Rezoning Petition #29-Z-81 - Temp. Ord_.#968 Discussion and possible action to rezone the lands on the east side of NW 94 Avenue, extending eastward to the western boundary of Paradise Estates, south of the Colony West Executive Golf Course, from R-4A (15 dwelling units per acre) to R-3. First Reading. a) Acceptance of Affidavit of Publication, Affidavit of Posting and Affidavit of Mailing. b) Consideration of Application. SYNOPSIS OF ACTION: a) ACCEPTED Affidavits of Publication, Posting and Mailing, b) APPROVED on first reading. (See Pages 23 and 24) a) C/M Disraelly MOVED ACCEPTANCE of the Affidavits of Publication, Posting and mailing, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE b) V/M Massaro MOVED APPROVAL of the rezoning from R4A to R-3 with a maximum density of 148 dwelling units and 1 recreation facility on the entire parcel as indicated in the legal description by the applicant on first reading. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE - 27 - 7/14/82 /pm 41. Ashmont/Kings Point - Model Sales Facility - Discussion and pos- sible action to renew a permit for use of the model sales facility at Tamarac Gardens for this project. SYNOPSIS OF ACTION: APPROVED for 6 months ending 1/31/83 subject to review of Water and Sewer Agreement. C/M Disraelly MOVED the APPROVAL of the renewal of model sales permit for a 6 month period ending 1/31/83 subject to the review of the Water and Sewer Agreement. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 46. Kings Point Professional Plaza - Discussion and possible action on: a) Site Plan - Temp. Reso. #2264 b) Plat - Temp. Reso. 42265 c) Water and Sewer Developers Agreement d) Acceptance of Declaration - Tamp,Reso. #2266 e) Acceptance of Irrevocable Option - Temp. Reso. #2267 f) Acceptance of Utility Easement - Temp. Reso. #2268 (to be located on the east side of Nob Hill Rd., approximately 800-feet south of NW 77 St.) SYNOPSIS OF ACTION: a) Held for reconvened RESOLUTION NO. PASSED. meeting of 7/16/82, b) APPROVED Temp. Reso. RESOLUTION'NO. R- a- PASSED. #2265, c) Held for reconvened meeting 7/16, RESOLUTION NO. R- - 19 PASSED d) APPROVED Temp. Reso. #2266, e)APPROVED RESOLUTION NO. R _g -1 PASSED Temp. Reso. #2267, f) APPROVED Temp. Reso. #2268. a) Jon Henning read the Resolution by title. V/M Massaro requested that the City Engineer initial the retention on the plans and she asked Jim Holland how many acres this included and he said 2.04. He said the fees for the drainage improvements have already been paid, the amount is $409.89. Mr. Holland had a check for $1,145 for the Developer's Agreement. Richard Rubin referred to Page 4 of the Developer Review Status Sheets on the Conditions of Approving the project, it states, "Item 4, Developer agrees to enter into a revised Water and Sewer Agreement for additional ERC's prior to obtaining a building permit for the future office use". V/M Massaro agreed that this is proper wording. V/M Massaro said that Richard Rubin has been designated by the City Manager to check the beautification fees in as much as he is the one responsible for approving the beautification after it is in. Mr. Holland said he would like to point out that any fees paid for on - site beautification have been paid under protest until they resolve the question as to whether the City can legitimately collect fees for same. Mayor and Council agreed that this would be appropriate. V/M Massaro suggested that Mr. Holland pay the $500 fee for Engineering until the City determines how many ERC's will be permitted in this development by a 4" line. Mr. Holland said if this is required by the Ordinance then there is no question. This item will be held for the reconvened meeting of 7/16/82. ape 8 b) Jon Henning read the Resolution by title. Richard Rubin said as regards the plat, there are certain other documents required to satisfy the requirement of platting. He said, first, there is a Declaration giving the City the right to travel upon the public roadway that will extend east of this development to 77th St. Next, he said, there is a key map that explains the over-all layout of the roadway. He said the plat being approved today is at the southwest corner of Tract 34 and the developer intends to build a private roadway east of the site and curving north up to 77th St. and just east of Jehovah. Witness. - 28 - 7/14/82. /pm Mr. Rubin said the third document is an easement from 77th St. to give a public accessway to this plat for sewer lines. C/M Disraelly MOVED the ADOPTION of Temp Reso. #2265 approving a plat for Kings Point Professional Plaza. SECONDED by C/M Krantz. Jon Henning read the Resolution by title. ►01180 ALL VOTED AYE d) Acceptance of Declaration - Temp. Reso. 42266 - Jon Henning read the Resolution by title. C/M Disraelly MOVED the ADOPTION of Temp. Reso. #2266 pertaining to private streets, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE e) Acceptance of Irrevocable Option - Tem Reso. #2267 Jon Henning read the Resolution by title. C/M Disraelly MOVED the ADOPTION of Tem _Reso - - . #2267, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE f) Acceptance of Utility Easement - Tem . Reso. 42268 Jon Henning read the Resolution by title. C/M Disraelly MOVED the ADOPTION of Temp. Reso. #2268, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 39. Woodmont Tracts 74 and 75 - Revised Site Plan -- Temp. Reso. #2263 Discussion and possible action on a revised site plan for a reduction of units in Building #2. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-%A-190 'PASSED. Temp. Reso. #2263 subject to the review of the ERC's for the Recreation parcel. Richard Rubin said the applicant is requesting a change to the site plan to reflect a reduction in the total amount of units that are presently shown on the plan. He said the reason for this change is purely for economical and marketing purposes; the full araount of units that were originally approved were 840 and this plan shows a reduction of 14 units for a total of 826 units that will be built on the property. He said the developer does retain the right to come in again in the future to submit application for additional units, but at this time, his marketing program dictates reduction in one large three story building and two small two story buildings separated by open space between the two units. With the reduction of units is also the reduction of parking with a change to the configuration of the parking lot. Julian Bryan, representing Bonaire Development,said they were able to eliminate several parking spaces in the center island thereby being able to close up this parking lot and provide an additional 10' of space between Building 1 and Building 2; this is the only change of substance that occurred. He said this building would not have internal dumpsters but would have separated external dumpsters and the one required has been located in the center part of the building in the landscape island. He said one other change requested by the Fire Department was that an additional fire hydrant be added at the west end of that parking lot and this has been added. C/M Disraelly MOVED the APPROVAL of the revised site plan for Tract 74 and 75 subject to review of the ERC's and the recreation parcel. The MOTION included APPROVAL of Temp. Reso. #2263, SECONDED by V/M Massaro. VOTE: C/M Krantz Aye C/M Kravitz Absent C/M Disraelly Aye V/M Massaro Aye Mayor Falck Aye - 29 - 7/14/82 /pm 44. Northwood II - Model Sales Facility - Discussion and possible action on renewal of model sales permit. SYNOPSIS OF ACTION: APPROVED model sales facility permit for 6 months ending 1/14/83. Julian Bryan said that probably at the next meeting of Council he will be coming to seek additional relief on the units that are within the 150' radius. C/M Disraelly MOVED APPROVAL of the model sales center extension for 6 months ending 1/14/83, SECONDED by C/M Krantz. VOTE:` C/M Krantz Aye C/M Kravitz Absent C/M Disraelly Aye V/M Massaro Aye Mayor Falck Aye 45. Northwood II - Revised Site Plan - Temp. Reso. #2262 - Discussion and possible action on: a) Reflect project phasing b) Addition of adjacent sidewalks c) Modifications to the Water and Sewer Developers Agreement SYNOPSIS OF ACTION: Held for reconvened meeting of 7/16/82 Jon Henning read the Resolution by title. Julian Bryan, representing H,L.R., Inc., said the models on this sheet are on Lots 48 through 52 and 134 through 138. V/M Massaro asked how many building permits Mr. Bryan has pulled for this project and he said 46 plus 1 recreation permit for a total of 47 ERC's. He said they recognize that the recreation area should have been 2-1/2 ERC's rather than 1 ERC; therefore, they have 9 additional dwelling units, the difference between 46 and 55 plus 1-1/2 additional ERC's. V/M Massaro said they must pay for this right now. Julian Bryan said they contemplated in the Water and Sewer Agreement that they would take down the remaining units within 60 days of this date. V/M Massaro said there are several things that need to be studied and this item should be held for the reconvened meeting of 7/16/82. MEETING WAS RECESSED UNTIL 9:00 A.M. Friday, July 16, 1982. ATTEST: Yolt ASSISTANT CITY CLERK This public document was promulgated at a cost of $ / or $ /3.8' 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. =M APPROVED BY CNY COUNCIL ON 7/14/82 /Pm