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HomeMy WebLinkAbout1980-09-24 - City Commission Regular Meeting Minutesr 5811 NORTHWEST 88TH AVENUE TAMARAC, FLORIDA 33321 TELEPHONE (305) 722-5900 September 2, 1980 NOTICE OF MEETINGS CITY COUNCIL TAMARAC, FLORIDA FIVE YEAR CAPITAL IMPROVEMENT PLAN Please be advised that the City Council will hold the following meetings to consider the Five Year Capital Improvement Plan 1980/81 through 1984/85. Tuesday, September 9, 1980 - 1:30 P.M. Council Cham- bers - Workshop Meeting. Wednesday, September 24, 1980 - after 2:00 P.M. Regu- lar Meeting - Council Chambers. Public Hearing to adopt the Budget. Council may consider such other business as may come before it. The Public is encouraged to attend. Mar yn ert o City Clerk MB/l.c 9/2/80 7� _ ._ RID' P. 0. BOX 25010 TAMARAC, FLORIDA 33320 FIRST CLASS MAIL CITY OF TAMARAC, FLORIDA CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, SEPTEMBER 24, 1980 CALL TO ORDER: 9:30 A.M. ANNOUNCEMENT OF TIME ALLOCATIONS - MOTIONS TO TABLE - The Chair at this time will announce those items which have been given a specific time to be heard, and will entertain motions from Council members to table those items which require addi- tional research. Council may agendize by majority consent, matters of an urgent nature which have come to Council's attention after publication. TAMARAC UTILITIES - WEST 1. Operations - Status Report - Discussion and possible action /24-Pg.3-Report . C.Mgr--&C.Lhgr. 2. Emergenc Action - Discussion and possible action to 9/24-Pgs.3,4 authorize the City Engineer to have the surge tank cleaned C.Mgr.auth.seek on an emergency basis. proposals. 3. S.S.E.S. Grant - Discussion and possible action to accept United States Environmental Protection Agency grant monies in the amount of $117,965.00. PRESENTATIONS/AWARDS 4. Employee of the Month - Presentation by Edward Gross, City Manager, of awards to the Employee of the Month for August, 1980. 5. Employee Service Awards - Presentation of a Ten -Year Pin to Captain Albert Mortimer, Police Dep't., and Five -Year Pins to Detective Russell Rosen of the Police Dep't. and William Centonze and Terrence FbC ks of the Fire Dep't. 6. October -- Hadassah Month - Presentation of Proclamations by Mayor Falck to Rayus Tamarac Chapter, Bermuda Herzel Chapter, Shoshanna Chapter and Bat-Ami Tamarac Chapter. 9/24-Pg.4-Appd.as amend.Reso.80-209. 9/24-Pgs.6,7 Judv Deutsch /24-Pg.7 ity Mgr. made iresentations. /24-Pg.7 favor made 7. Disabled American Veterans - Poppy Day Drive - Presentation 9/24-Pgs.7,8 of Proclamation by Mayor Falck declaring the Week of 14ayor declared. October 6th, 1980, as Poppy Days Drive .in the City of Poppy Day 10/6/80. Tamarac. 8. Meals -On -Wheels - Presentation of this program for the /24-Pg.8 handicapped by Mr. J. Grimes. .Grimes presenntedl. 9. Broward Art Colon - Presentation of program by Ms.Beverly /24-Pgs.8,9 K. Burris, Executive Director. Dresentations. 10. Congregation Migdal David - Presentation of program by /24-Pg.3 .Mr. Charles Semp, Vice -President. rabled. 11. Consent Agenda - Items listed under Item #11, Consent Agenda, are viewed to be routine and the recommendation will be en- acted by one motion in the form listed below. There will be no separate discussion of these items. If discussion is de- sired, then the item(s) will be removed from the Consent Agenda and will be considered separately. a) Minutes of 7/11/80 - Reconvened Regular Meeting - Approval recommended by City Clerk. b) Minutes of 7/23/80 - Regular Meeting - Approval recom- mended by City Clerk. c) Minutes of 8/13/80 - Special Meeting - Approval recom- mended by City Clerk. d) Minutes of 8/15/80 -- Special Meeting - Approval recom- mended by City Clerk. e) Alan F. Ruf - Consulting Attorney - 9/9/80 to 9/19/80 - $920.00 - Approval recommended by City Attorney. f) Shailer & Purdy - Special Counsel - 9/2/80 - $465.00 - Approval recommended by City Attorney. g) Boyle Construction Co. - Tamarac Utilities West - 8/13/80- $636.93 - Approval recommended by City Engineer. par-P Twn. 9/24-Pg.10 a)thru d)appd. as amerded. e)thru j) appd. h) Bosworth Aerial Surveys, Inc. - Storm Drainage Improvement 8/29/80 - $3,845.00 - Approval recommended by City Enginee I. i) Williams, Hatfield & Stoner - Consulting Engineer - Appr al recommended by City Engineer: 8/22/80 - ACC't.#428--371-535-552 $482.50 - Acc't.#429-371-536-623 $342.88 $825.38 9/3/80 - ACC't.#350-500-531 $15,980.88 9/3/80 - #428--371-535-552 $ 6,406.38 9/4/80 - #428-371-535-552 $880.75 9/4/80 - #429-371-536-623 $2,186.75 9/4/80 - #429-371-536-623 $622.25 9/4/80 - #425-366--533-310 $163.38 9/8/80 -- #1-155-515-310 $100.00 9/9/80 - #1-155-515-310 $1,297.63 j) Utility Regulations - Temp. Ord. #794 - Recommended to be removed from Agenda. GENERAL ADMINISTRATIVE/FINANCIAL 12. Public Service Commission Refunds - Tamarac Utilities - Discussion and possible action on: a) Development of Computer Software Program. b) Rental of one Entrex Terminal for four months. c) Hiring of Entrex Computer Terminal Operator. d) Approval of audit by Alexander Grant & Co. 13. Radar Equipment for Police Department - Discussion and pos- sible action on: a) Authorization to purchase one (1) new radar gun. b) Budget Amendment. 14. Light Meter for Building Department - Enforcement of Lighting Ordinance - Discussion and possible action on: a) Authorization to purchase one (1) new light meter. b) Budget Amendment. 9/24-Pgs.4,5,6 10/1-Pg.16 Fin.Dir. to contact at lst. 3 computer co's. uth.to erform audit. /24-Pg.26 )auth.appd. ,)$2700 appd. or trans.of /24-Pgs.10,11 )City Mgr. uth.to purchase 0510 appd.for rans. ffrom 'eh.-B1dg.Dept. .o Cap.Others- ;1dg.Dept. I 177 r 15. Florida Department of Natural Resources -- State Aquatic Plant Control Pro ram -- 1980 1981 - Discussion and possible action on: a) Authorization to execute Department of Natural Resources Aquatic_ Plant Agreement - Temp. Reso. #1634. b) Appointment of City Liaison Officer - Temp. Reso.#1635. 16. Telephone Service - City and Utility Operations -- Discussion and possible action to authorize the City Manager to seek proposals for telephone service for the City and Utility operations. 17. Self Insurance Fund for Small ESluil2ment - Discussion and possible action. 18. Florida League of Cities - Discussion and possible action to select voting delegate for Annual Convention. 19. Parks Commissioner - Discussion and possible action regarding recommendations by Parks Commissioner Kravitz. 20. Tamarac Elementary - P.T.A. - Discussion and possible action on a request to waive fees in conjunction with the Tamarac Elementary School Carnival on November 16, 1980. PUBLIC HEARINGS - 2:00 P.M. 21. Five -Year Ca ital Improvement Plan - Temp. Reso. #1630 - Dis- cussion and possible action to adopt a Capital Improvement Plan for 1980/81 through 1984/85. 22. Rezoning Petition - Tamwa /Gra stone -- Petition #27--Z-80 - Discussion and possible action on request to rezone the southwest corner of N.W. 84th Terr. and Lagos De Campo Blvd. from S-1 to R-4A, by Temp. Ord. #812. First Reading. 23. Parking Waiver Petition - Tamwa /Gra stone - Petition #28--Z- 80 - Discussion and possible action on request for waiver from parking spaces for private clubhouses for Fairways III at the southwest corner of N.W. 84th Terr. and Lagos De Camp Blvd., by Temp. Reso. #1632. 24. Special Exception - Tamarac Steak Enter rises - Petition 30-Z-80 - Discussion and possible action on a request to allow on -premises consumption of alcoholic beverages at Tamarac Steak Restaurant, 5825 University Drive, by Temp. Reso. #1633. 25. Rezoning Petition - Joseph and Jerome Sousa - Petition #31-Z- 80 - Discussion and possible action on request to rezone the southwest corner of University Drive and McNab Road from R-4A to B-5, by Temp. Ord. #813. First Reading. 26. PAGE THREE. Ica/1 '..Pg.3 a)Adopted. Reso.80-216 b)Adopted. Reso.80-217 Pgs.3,4 Tabled to 10/22/60. i0/I-Pg.5 Tabled to 10/282/ tot I .Pg. 6 Mayor selected. 9/24-Pgs.31,32 No action taken. .0i t -Pg. 7 Fees waived for insp.&lic.fees, Bldg.Offic.to make insps. 9/24-Pgs.16,17 'fabled to 9/29/80. 9/24-Pgs.17.18, 19 Appd.on lst rdg. >ub. to conds. 9/24-Pg.20 dopted.Reso. 80-210. 9/24-Pgs.20,21 Adpt.as amend. sub. to conds. Reso. 80-211. 9/24-Pgs.21,22 Tabled to 10/22/80. Rezoning Petition -- Eugene Toll - Petition #24-2-80 - Discus- /24-Pgs.22,23 sion and possible action on request to rezone the recreation Mpt. on 2nd rdg. parcel at proposed Southgate Gardens East development from Drd. 80-92. R-3 to S-1 by Temp. Ord. #803. Second Reading. 27. Rezoning Petition - Eugene Toll - Petition #25-Z-80 - Discus- /24-Pg.23 sion and possible action on request to rezone the recreation pt-on 2nd rdg. parcel in the northwest portion of Cypress III - Woodmont Drd. 80-93. between N.W. 70th Street and N.W. 75th Street from R-4A to S--1 by Temp. Ord. #804. Second Reading. 28. Rezoning Petition - Eugene Toll_ - Petition #26-Z-80 - Discus- /24-Pg.23 sion and possible action on request to rezone the recreation pt.on 2nd rdg. parcel in southern portion of Cypress III of Woodmont from Drd. 80-94. R-4A to S-1 by Temp. Ord. #805. Second Reading. p A r-P. 'POTTR _ 29. Rezoning Petition - William Zani - The Phoenix Company -- 9/24--Pgs.23,24 Petition #12-Z-80 -Discussion and possible action to rezone Adopted on 2nd the south side of McNab Road, 60 feet west of Nob Hill Road, Rdg.ORD 80-95. from R-3 to B-2, by Tem2. Ord. #763. Second Reading. 30. Rezoning Petition - William Zani - The Phoenix Company - 9/24-Pg.24 Peittion #21-Z-80 - Discussion and possible action on reques Adptd.on 2nd to rezone the lands 730 feet south of McNab Road, extending rdg. westward from Nob Hill Road, approximately 1000 feet, from ORD. 80-96. R-3 to B-2 by Temp. Ord. #800. Second Reading. 31. Rezonin Petition - William Zani - The Phoenix Company - 9/24-Pg.24 Petition #22-Z-80 - Discussion and possible action on re- Adpt. on 2nd quest to rezone the land on the south side of McNab Road rdg. extending west from Nob Hill Road, 1000 feet, from R-3 and ORD.80-97. B-3 to S-1 by Tem . Ord. #801. Second Reading. 32. Regulations for Dealers of Used Merchandise - Temp. Ord. 9/24-Pg.25 #783 - Discussion and possible action to establish regula- Adptd. on 2nd tions for businesses involved in dealing in any type of used rdg.,as amend. merchandise. Second Reading. ORD. 80-98. 33. One -Family Dwelling Zoning Districts - Temp. Ord. #788 - Discussion and possible action relating to maximum plot coverage in R-IB and R-lC districts. Second Reading. LEGAL AFFAIRS 34. F & G Bros. Management - Modell Property - Discussion and possible action concerning monies expended by the City in processing this project. 35. Handical2l2ed Parking Violations - Discussion and possible action on request of Police Chief to amend Code Sec.18-8 referring to penalties for violations of handicapped parking spaces. 36. Transmission Antennae - Temp. Ord. #790 - Discussion and possible action to reconsider second reading of this tempo- rary ordinance by Council. 37. Street Identification - Temp.Reso. #1636 - Discussion and possible action to establish the street near Tamarac Utilities - West and Green Thumb Garden Center, as Northwest 77th Way. 38. B-5 and B-6 Zonin District Business Uses - Temp. Ord.#785 - Discussion and possible action concerning amending Code Section 28-171 to permit additional types of businesses, modifying advertising requirements and increasing maximum floor area of buildings, which may be devoted to accessory uses. First Reading. 39. Temporary Use for Model, Sales or Administrative Purposes - Tem2. Ord. #795 - Discussion and possible action to amend Code Section 28-216, as amended by Ord. #80-56, by elimina- ting temporary structures being used for temporary uses in a residential project. 40. Vacation or Partial Vacation of Easements or Rights -of -Way -- Temp. Reso. #1760 - Discussion and possible action to es- tablish fees for applications for vacation or partial vaca- tion of easements or rights -of -way. �g-- p. #1637 - Discussion and 4l. Building -Permit Permit Fees Temp. Reso _ possible action to amend fees for fumigation (tenting). 42. Consumer Protection - Temp. Reso. #1631 - Urging City resi- dents to support Broward County Commission in restoring en- forcement powers to Consumer Protection Board. 9/24-Pg.25 Adptd. on 2nd rdg. ORD.80-99. 10/1-Pg.1 Appvd.,with- holding $1000. 9/24-Pg.26 Appvd, on lst reading. 9/24-Pgs.32,33 Apvd. on lst reading. -Pg.2 Appvd. Reso. 80-218 ICI -Pgs. 7,8 Appvd. on 1st reading. 9/24-Pg.l Remove from Agenda. Iv /1-Pg. 2 Appvd.as amend. Reso. 80-219. 10 /1 -Pgs. 2, 3 Appvd.as amend. 10 / i -Pg. 3 Adopted. Reso. 80-221. J 43. Newspaper Collection - Discussion and possible action con- cerning amending Ord. #80-77 for Newspaper Collections. COMMUNITY DEVELOPMENT 44. Concord village I - Discussion and possible action on adden- dum to Water and Sewer Developers Agreement. 45. Northwood II -- Discussion and possible action on addendum to Water and Sewer Developers Agreement. 46. Spring Lake II - Discussion and possible action on addendum to Water and Sewer Developers Agreement. PAGE FIVE. 9/24-Pgs.11,12, o act taken. 10/1.-Pgs . 18 ,19, 900 pEr 20, 21 it con.suff. 10/1-Pg.21 Amend. ap vd. upon ymnt. bf fees. 0/1-Pg.21 )mWvmnt: a� eeus 47. Tract 27 - Land Section 5 - Report by City Manager - Discus- P/]._pg. 8 sion and possible action concerning the. remote Storage Tank. ld. to 10/8/80 . (corner Nob Hill Road and 77th Street). 48. Wedgewood - Discussion and possible action on $10,000.00 bond posted for corrective work. 49. Varsalona's Restaurant - Discussion and possible action to refund balance of cash bond posted for dumpster. 50. Land Section 7 - Discussion and possible action authorizing Williams, Hatfield & Stoner to prepare a map and legal des- criptions for Land Section 7, for rezonings in compliance with the Land Use Plan. 51. Tamarac Lakes South -Sewers - Discussion and possible action to approve initial engineering by Williams, Hatfield & Stoner per Community Development Committee request. 52. Sunflower Shopping Center - Revised Site Plan -- Discussion and possible action to approve a revised site plan for a dumpster enclosure. 53. Tri 's Restaurant -- Revised Site Plan,- Discussion and pos- sible action to approve a revised site plan for addition/ expansion. 54. McNab Plaza North - Discussion and possible action on: a) Site Plan b) Plat - Temp. Reso. #1639 c) Dedication of Road Rights -of -Way to City - T d) Water and Sewer Developers Agreement, e) Landscape Plan a, �. Reso. #164( /24-Pg.1 emvd.from Agerda. 1-Pg.8-$125 nded.Var. 0/1-Pgs,12,13 Tabled. 10/1-Pg.9 appvl . granted not to ex. $5500 . 9/24-Pg. `j � 10 Rev.Site Plan approved. I0/1 Pg._6 _ appvd. w/letter from Vordermeier, 9/24-Pgs.33,34, 35 Appvd. w/conds. b)Adoptd.R-80 207 :�)Adoptd.R-80-21� d) APPvd- e) ApPvd . 55. Woodmont - Tract 47 - Discussion and possible action on: 9/24-Pgs.14,15,16 a) Site Plan a) Appvd.w/conds. b) Plat -- Temp. Reso. #1641 b)Approved-R­80--206 c) Water and Sewer Developers Agreement c) pproved 56. Woodmont - Tracts 74 and 75 - Discussion and possible action 19/24-Pgs.28,29, on: 30,31 a) Approval of temporary model sales trailer (Phase I). b) Approval of a model sales office in a permanent building to remain for the duration of the project. c) Waiver of Ord. #80-56(5) requiring model sales structure be 300 ft. from building structures in a multi -family area. Temp. Reso. #1638. '•1 57. City Council 58. City Manager 59. City Attorney i) APPvd. ))Appvd.w/conds. :) Waiver of Ord. 80-56 i)Appvd.w/provs. i PAGE STX_ R-3 = Low Density Multiple Residential B-2 = Planned Business R-4A = Planned Apartments B-3 = General Business S-1 = Open Space/Recreational B-5 - Two --Story Profes- B-1 = Neighborhood Business sional Office Buildings CITY OF TAMARAC CAROL A. EVANS ASSISTANT CITY CLERK PUBLIC HEARINGS SPECIAL MEETINGS/WORKSHOPS September 22, 1980 - 9:00 A.M. -- Reconvened Planning Commission Meeting. September 22, 1980 - 5:01 P.M. - Public Hearing -- Special Funds and Federal Revenue Sharing Funds September 26, 1980 - 1:30 P.M. - Special Meeting - Architect Interviews September 29, 1980 - 7:30 P.M. - Special Meeting - to Adopt General Funds, Special Funds and Ad Valorem Tax Rate; also, Public Hearing - Utility East Rates and Charges. September 30, 1980 - 1:30 P.M. - Workshop - Occupational License) October 3, 1980 - 10:00 A.M. - Public Hearing - Utility West Budget Rates and Charges for FY 1980/81. 60. ----------------------------- West Tamarac Shopping Center - Land Section 7 - Discussion and Possible 9/24,Pg.1,Agen. Action on: by Cons. ,10/1, a) Site Plan Pg.22, a) Appvd.. b) Plat- Temp. Resolution #1645 w/cond.,b) Appvd c) Water & Sewer Developers Agreement :c) Appvd.w/chugs d) General Developers Agreement d),Appvd.as part e) Landscape Plan of a) ,. e)_ Appvd. 61. Isles of Tamarac: a) Bond Reduction or Repayment of Bond to the 9/24,P; Project Owners. Discussion and Possible Action. b) Request by by Cons. 10912 County to withhold payment and make payment to them for the asphalt Pg.9,a),b)Relead, paving of McNab Road. appvd.$50,000. $25,000.retained 62. Northwood II Developers Agreement: Discussion and Possible Action. 10/1,Pg.21,Agen. 63. Executirve Airport - Temp. 1643 - Environmental Assessment Worksheets - Discussion and Possible Action. 9/24,Pg.2,Agen. 10/ l,pg9 y Cons. 2 64. Millage - Capital Reserve Account - Monies to be allocated to the vd.as amended Capital Reserve Account which cannot be handled through this year's /24,Pg.2,A en. y Cons. 10g/1,Pg. 11 Established. 65. Acce tance of City Manager Resi ation - Discussion and possible /24,Pg.2,Agen. action reference the resignation of the City Manager. 3y Cons.,Pgs.13- 4 Resi .Acceptec 66. Authorization to go to Bid - Computer Package - Discussion and /24,Pg.2,Agen. Possible Action. y Cons.,10/1, Pg.14,Auth.C/Mgr to o to bid. 67. Authorization for Vice Ma or to Attend Seminar on Florida Water Law - a/24,Pg.3,Agen. Discussion and possible action. y Cons.,10/1, .11 Auth. iven, 68. Drainage Augmentation - Bid Award.- Discussion and possible action. 10/1,Pg.1,Agen. by Cons.,Pg.11, Tabled to 10/8 69. Reloaction of Utility Lines_- McNab Rd.- Discussion and possible action. 10/1,Pg;.1,Agen. by Cons.,Pg3� letter to County hand -carried. I CITY OF TAMARAC, FLORIDA REGULAR CITY COUNCIL MEETING SEPTEMBER 24, 1980 CALL TO ORDER: Mayor Falck called the meeting to order on Wednesday, September , 1980 at 9:30 A.M., in the Council Chambers. ROLL CALL: PRESENT: Mayor Walter W. Falck Vice Mayor Helen Massaro Councilwoman Marjorie Kelch Councilman Irving Zemel Councilman Irving Disraelly ALSO PRESENT: City Manager Edward A. Gross City Attorney Arthur M. Birken Ass't City Clerk Carol Evans Clerk/Steno, Mimi Reiter MEDITATION & PLEDGE OF ALLEGIANCE: Mayor Falck called for a Moment of Silent Meditation followed by the Pledge of Allegiance. Mayor Falck reviewed the schedule of items and times involved on the Agenda. He stated the Recessed Meeting will be held Wednesday, Oct. 1. 39. Temporary Use for Model, Sales or Administrative Purposes Temp. Ord. #795 - Discussion and possible action to amend Code Section , as amended by Ord. #80-56, by eliminating temporary structures being used for temporary uses in a residential project. SYNOPSIS OF ACTION: REMOVED FROM AGENDA. Councilman Disraelly MOVED that Item 39 be removed from the Agenda. Councilwoman Kelch SECONDED the Motion. Vice Mayor Massaro questioned if the item is removed from the Agenda, does that mean it will still be pending. Councilman Disraelly said if it is removed from the Agenda there will be no action taken and nothing done with it. The Ordinance in effect will still remain in effect. The Vice Mayor inquired if it will also be taken off the follow-up list, Councilman Disraelly said it would be taken off the list. VOTE: ALL VOTED AYE. 48. Wedgewood - Discussion and possible action on $10,000.00 bond poste for corrective work. SYNOPSIS OF ACTION: REMOVED FROM AGENDA. Vice Mayor Massaro MOVED that Item 48 be removed from the Agenda. Councilman Disraelly questioned the time element involved. The Vice Mayor said therewere sixty days to complete the work, but the intent is to complete the work sooner. City Attorney Birken said the extension would be until November 10, 1980. Councilwoman Kelch SECONDED the Motion. VOTE: ALL VOTED AYE. 60. West Tamarac Shoppina Center - Land Section 7 - Discussion and Possible Action on: a) Site Plan b) Plat c) Water & Sewer Developers Agreement d) General Developers Agreement SYNOPSIS OF ACTION: AGENDIZED BY CONSENT. VOTE: Vice Mayor Massaro MOVED TO AGENDIZE BY CONSENT the West Tamarac Shopping Center, Land Section 7 - Discussion and possible action on a) Site Plan, b) Plat, c) Water & Sewer Developers Agreement, d) General Developers Agreement. Councilwoman Kelch SECONDED. ALL VOTED AYE. _l_ 9/24/80 61. Isles of Tamarac: a) Bond Reduction or Repayment of Bond to the Project Owners. Discussion and Possible Action. b) Request by County to withold payment and make payment to them for the asphalt paving of McNab Road. SYNOPSIS OF ACTION: AGENDIZED BY CONSENT. Vice Mayor Massaro MOVED to AGENDIZE BY CONSENT Isles of Tamarac a & b to resolve the City's right for tFie payment, to be discussed October 1, 1980. Councilwoman Kelch SECONDED the Motion. VOTE: ALL VOTED AYE. 62. Northwood II Developers Agreement: Discussion and Possible Action. SYNOPSIS OF ACTION: AGENDIZED BY CONSENT. Vice Mayor Massaro MOVED to AGENDIZE BY CONSENT Northwood II Amended Developers Agreement, Discussion and Possible Action on Wednesday, October 1, 1980. Councilwoman Kelch SECONDED the Motion. VOTE: ALL VOTED AYE. Vice Mayor Massaro requested that Items 44, 45 and 46 be held over to the October 1, 1980 Meeting and be taken up at the same time as Item 62. Mayor Falck said they would be held over to the Recessed Meeting on October 1, 1980. He will call Item 62, 44, 45 and 46 in that order at the recessed meeting. 63. Executive Airport - Temp. 1643 - Environmental Assessment Worksheets - Discussion and Possible Action. SYNOPSIS OF ACTION: AGENDIZED BY CONSENT. Councilman Disraelly MOVED to AGENDIZE BY CONSENT a Resolution relating to the Environmental Assessment Wor sheet for the releases of Airport Land, Temporary Resolution #1643. Vice Mayor Massaro SECONDED the Motion. VOTE: ALL VOTED AYE. 64. MMil�lage - Coital Reserve Account - Monies to be allocated to the Capital Reserve Account whi—E cannot be handled through this year's funds. SYNOPSIS OF ACTION:- AGENDIZED BY CONSENT. VOTE Councilman.Disraelly MOVED to AGENDIZE BY CONSENT monies to be allocated to the Capital Reserve Account in order to handle the items of air conditioning, painting, etc. which cannot be handled through this year's funds. Councilwoman Kelch SECONDED. ALL VOTED AYE, 65. Acceptance of_City Manager Resignation - Discussion and possible action reference the resignation of the City Manager. SYNOPSIS OF ACTION: AGENDIZED BY CONSENT. See page 3 & Councilman Disraelly MOVED to AGENDIZE BY CONSENT consideration and pssible ction in refq-r Massaro SECONDED the Motion. of � . h�itv_. Vice Mayor VOTE ALL VOTED AYE. 66. Authorization to o to Bid - Computer Package - Discussion and Possible Action. SYNOPSIS OF ACTION: AGENDIZED BY CONSENT Councilman Disraelly MOVED to AGENDIZE BY CONSENT authorization to p to bid on a new computer package.- I iscussion and possible Action. Councilwoman Kelch SECONDED the Motion. VOTE: ALL VOTED AYE. -2- 9/24/80 /lc 10. Con re ation Mi dal David - Presentation of program by Mr. Charles Semp, Vice -President. SYNOPSIS OF ACTION: TABLED TO 10/8/80. Councilman Zemel MOVED that Item 10, Congregation Migdal David be TABLED until 10/8/80. Councilwoman Kelch SECONDED the Motion. VOTE: ALL VOTED AYE. 67. Authorization for Vice Mayor to Attend Seminar on Florida Water Law - Discussion and possible action. rv-- --- SYNOPSIS OF ACTION: AGENDIZED BY CONSENT. VOTE: Vice Mayor Massaro MOVED that discussion concerning authorization for Vice Mayor to attend Seminar on Florida Water Law be AGENDIZED BY CONSENT. Councilwoman Kelch SECONDED the Motion. ALL VOTED AYE. TAMARAC UTILITIES -- WEST 1. Operations - Status Report - Discussion and possible action. SYNOPSIS OF ACTION: Report by City Manager and City Engineer. City Manager Gross stated that everything is going along at a good pace and construction work that is being done to upgrade the system and get ready for the new season when the winter residents return is going along very well. Mr. Keating, City Engineer, reported that basically at the present time the only item of real pertinence, in addition to Item #2 on the Agenda, is that they are continuing to receive proposals for cleaning of Plant No. 3, and performing various repairs that were previously authorized by Council in that regard. Otherwise, Mr. Keating stated, the Utility seems to be functioning very well without any major problems. Councilman Disraelly requested that a report on the infiltration, what is happening with the TV and the grouting be given to Council at each meeting, since that is a continuing program. Also, a report as to what has happened during the month regarding the TV inspections and the grouting should be given to Council. Mr. Keating advised ,work at the major sources_ of-tl�. T Present time almost completed. Further he said at, the present time.. they are working on relatively sma1�problems , but in t�i� long term the cumulative effect will be great. On a weekly or'bi-weekly basis not too much difference would be noted. Mr. Keating discussed the Grant program which will provide a full-scale analysis of most of the sections of the City which should uncover the remaining large leaks that take more effort to locate. Councilman Disraelly inquired if there is a daily program of TV viewing and grouting of the system; Mr. Keating said there is a daily effort of inspecting the system and making repairs. Also they inspect all new projects coming on to the lines before warranty bonds are released to make sure there has been no damage to those facilities. Councilman Disraelly asked how many plants have been cleaned, Mr. Keating answered that one has been cleaned, the others are in the process. Mr. Keating also said the new valves are in and the steel work is essentially complete with just a small amount of additional electrical work to be done. He noted they are waiting for delivery of the flow meter which still has to be installed. 2. 1_ enc Action - Discussion and possible action to authorize the City.Engineer to have the surge tank cleaned on an emergency basis. SYNOPSIS OF ACTION: City Manager authorized to seek proposals on emergency basis to have surge tank cleaned. City Engineer Larry Keating explained it had been necessary to -3- 9/24/80 /lc drain the surge tank. He explained the purpose of the surge tank and aeration within that facility is extremely important to main- taining the viability of the treatment process. Without cleaning the tank down it would be only a short time until the aeration facilities are covered over by sand and grit. Now that it is down, Mr. Keating felt the work should be done; if not there is a chance the treatment plants could become upset and discharge pollution into the adjacent lakes. Therefore, the City Engineer recommended they proceed as soon as possible to have the tank cleaned. He indicated the price will be in the $5,000. to $7,000. range. Mr. Gross indicated they would need two proposals before the work can be contracted for. Mr. Keating stated the work had already been authorized by the City Council. Vice Mayor Massaro MOVED that the City Manager be authorized to get proposals on an emergency basis to have the surge tank cleaned, and upon receipt of the lower proposal, to proceed with the work. Councilman Disraelly SECONDED the Motion. VOTE: ALL VOTED AYE. 3. S.S.E.S. Grant - Discussion and possible action to accept United States Environmental Protection Agency grant monies in the amount of $117,965.00. Temporary Resolution # 1644. SYNOPSIS OF ACTION: Temporary RESOLUTION NO.R -a/_,,?,p,9PASSED Resolution #1644 adopted as amended. The City Attorney read Temp. Reso. #1644. He made a few minor changes. In the second line of the title change grant "monies" to grant "offer". Add the words("Assistance. Identification No. 3�1 C120753010)" at the end of the title. VOTE: In the first line of SECTION 1, insert the words "offer for a" before the last two words. Line 2, SECTION 1, add ("Assistance Identification No. C120753010)" at the end of the sentence. Vice Mayor Massaro asked Mr. Keating exactly what can be done with the grant money. Mr. Keating replied that he was not directly involved with the grant in process, Evan Cross had done a great deal of the work on it. However, the SSES basically is a program whereby the engineers study the gravity sewer collection systems. They actually look into the man -holes and lines and measure flows and make comparisons with the theoretical value of flow. From that it can be determined what areas have significantly more flow than they should have. When that is completed, Firms are hired that Liave TV t__%JuiYL11t__LLt a d the lines are TV' d. Mr. Keating said Williams, Hatfield & Stoner will coordinate the effort - the actual p.c.rfcr:iance of the work. A sub -contractor will make physical determinations of what n.eerfi t_n 'he rinn.P And. a rPnort: will be prepared. Once that is completed another grant is involved to pay for the actual remedial work. The Vice Mayor said then the City will determine all of the problems that exist and the extent of the problems and the City will know exactly what is wrong - Mr. Keating said that is correct. Mr. Gross explained there is a second and third tier of these grants which the City will apply for once the initial work is done and it is almost automatic that when the first is finished you can get the second, unless something happens in the economy and the programs of the Federal Government. Councilman Disraelly MOVED that Temporary Resolution #1644 accepting the offer of the Grant Monies be APPROVED. The Motion was SECONDED by Councilwoman Kelch. ALL VOTED AYE. 12. Public Service Lo-wiAssion Refunds - Tamarac Utilities - Discussion and possible action on : a) Development of Computer Software Program. b) Rental of one Entrex Terminal for four months. c) Hiring of Entrex Computer Terminal Operator. d) Approval of audit by Alexander Grant & Co. -4- 9/24/80 /lc IJ SYNOPSIS OF ACTION: a,b, and c held for 10/1/80. d) Alexander Grant authorized to perform audit as detailed in analysis in their letter 7/29/80 at a price not to exceed $7,500. Mr. Gross stated the City is working on the refund of the $4,000,000. involved in the Utility refunds. He said it is his feeling for the protection of Council and the City after the employees of the City finish getting the figures together, in setting up the accounts as to how much each person is owed,the Auditors be involved in the program in making sure the figures are correct and to give the City a letter so stating. Also, they will be helping in the area of the software program to make sure the City is getting the right information into the program as required by the refund. Mr. Gross said the matter had been discussed with the present firm doing the City's auditing, they have said they can do it. The City manager said he had expected someone to be present from the computer firm and would ask that those items be held until later. However, Mr. Gross said the figures for this work are in the original budget of the City when the budget for the hiring of the employees was approved previously. Therefore, Mr. Gross said the only item that can be discussed at the present time is the area regarding the Audit by Alexander Grant. Mr. Emmer from Alexander Grant explained the City had asked them to assist in the refund process and a letter of proposal had been submitted. The first area to assist City personnel in determining what procedures to use to effect the refund, paying particular attention to the necessity for substantial controls to make sure the refund amount is computed correctly and that it goes to the individual who is supposed to get the refund. After the refunds are actually made, a statistical sample of the refunds will be taken and actually confirm the refund as to amount and the recipient of the refund. Mr. Emmer explained the procedures used to accomplish the confirmations. Mr. Emmer explained the fee for the assignment would be $5,075.00. Councilwoman Kelch noted the City has no control at the present time in the computation of the amounts. She asked if this isn't spelled out in the PSC ruling. Mr. Emmer said the basis for the computation is spelled out; however it must be determined how many months of the refund the individuals are entitled to. The PSC has only spelled out how much per month for the meter classification. Councilman Disraelly inquired if the final audit report will include an audit of the $4,000,000 expended so the PSG can be advised their Order has been completed and the funds paid and a certification that the funds have been expended. Mr. Emmer stated they will certify as to the financial status of the trust fund that will be utilized for that purpose. Councilwoman Kelch asked if this could be referred to as a "Comfort Letter", Mr. Emmer said he thought the procedures enumerated in the letter were a form of comfort for the City. Vice Mayor asked if, when they get through with all of their work, will Mr. Emmer,with the submission of the final decisions after the work, give the City a letter which will spell out everything. Mr. Emmer said they have actually been doing that already. TAPE Mr. Emmer referred to Item 2 of their letter of July 29, 1980. He SIDE 2 said that will actually be done after the checks are sent. Vice Mayor Massaro said she was most concerned with Item 1 of the letter. She noted the auditing firm is to assist in -developing procedures that will be used to determine the recipient of the refund, compute the amount, and develop adequate controls for the procedures. Mr. Emmer agreed. Vice Mayor Massaro inquired if, when all of this is completed before any checks go out, will the City see a final picture of who is going to receive a check and for what amount. Mr. Emmer said he did not think it would be in that neat a package - at that point the whole process will be -5- 9/24/80 /lc � � J VOTE computerized and they should be able to calculate how much is going to be disbursed in the first go -around which will consist of the people currently in the system and entitled to the refunds. A subsequent effort will be made for those individuals who have to be located. Mr. Emmer stated there will be several steps in the refund process. Vice Mayor Massaro said before any steps are taken the whole picture, with everyone included, should be seen. Mr. Gross said that information will be in the computer before anything else is started. Councilman Zemel said the Council is interested in having all the information;however it is not necessary they have all the names of the people getting refunds, just the total amount of dollars. Doing it any other way will hold the refunds up another three months, Councilman Zemel stated. Further, he said he thought it was time the people got their money back. Vice Mayor Massaro did not agree; she said she was missing something and if she did not see it straight she was not happy. Mr. Emmer informed the Council before any checks are sent the maximum potential refund will be determined, and the maximum number of individuals. The Vice Mayor indicated that was what she was interested in. Councilwoman Kelch inquired if it will all be on the software before it leaves the Auditor's jurisdiction and the Council can have a bottom line on it. Mr. Emmer replied in the affirmative. Mayor Falck said there will be holdovers, as pointed out by Mr. Emmer, people have left and the City can spend the next ten years trying to locate them, going through certain procedures to make certain people who did not receive the refund do apply if the City does not know their address. Councilman Disraelly said he believedthe audit should be separate from the regular utility audit; Mr. Emmer clarified the matter by indicating it was a separate audit from the regular audit. Vice Mayor Massaro MOVED that under the letter of July 29, 1980 from Alexander Grant & Co., they be authorized to perform every- thing detailed in the Analysis that was furnished at a price not to exceed $7500. Councilman Zemel SECONDED the Motion. ALL VOTED AYE. Items a, b, and c under Item 12 are to be held for the Meeting of October 1, 1980. 4. Em to ee of the Month - Presentation by Edward Gross, City Manager of awards to t e Emp oyee of the Month for August. SYNOPSIS OF ACTION: Judy Deutsch named Employee of -month of August. City Manager Gross noted that each month an award to the employee of the month is given, which includes a plaque and dinner for two at a local restaurant and the name of the employee engraved on a permanent plaque in City Hall. Mr. Gross stated the employee for the Month of August is Judy Deutsch the Insurance Technician. Mr. Gross said Judy has bettered herself immensely since coming to the City. She came in as a Clerk -Typist and was given an assignment involving insurance which is a big and important part of the City. The City Manager stated Judy has educated herself and everyone knows the type of job she has done for the City and he was extremely pleased the employees of the City selected her as the Employee of the Month for the Month of August. Mr. Gross made the presentation of the awards to Judy Deutsch. Mayor Falck observed that he had the opportunity to work with Judy Deutsch on the various insurance funds -one very close to Council is the self insurance fund. The Mayor said the estimated premium the City would have paid on the fund up to August 31, 1980 would have been $44,000. for one particular coverage and the Mayor said he was happy to report to Council that as of the present time that fund has a balance of $31,000 plus in it, and the City has put in only $30,000. Therefore, instead of buying insurance for $44,000. -6- 9/24/80 /lc and having nothing left, the City has paid all claims and has the full $30,000 which was put into the account, plus an addition of $2,000. interest income resulting from good management. Mayor Falck expressed his pleasure in working with Judy Deutsch and he commended her for the time and effort she has put forth, not only on the insurance program, but others as well. Council- woman Kelch concurred with the Mayor's observations. 5. Employee Service Awards - Presentation of a Ten -Year Pin to Captain Albert Mortimer, Police Department, and Five -Year pins to Detective Russell Rosen of the Police Department and William Centonze and Terrence Focks of the Fire Department. SYNOPSIS OF ACTION: Presentations made by the City Manager. Mr. Gross stated it is always a pleasure for the City to give the award because it means the individual has been with the City for a long period of time and done an outstanding job with the City. The City Manager said it is an extreme pleasure to give out ten- year pins, especially to Captain Mortimer who is one of the quietest men in the Police Department and City. Mr. Gross paid tribute to Captain Mortimer for the excellent work he had done as head of the Dectective Division and on behalf of the Mayor and Council and the Citizens of the City he congratulated him. Vice Mayor Massaro commented she had never heard anyone say anything that was not complimentary about Al Mortimer, and she wanted him to know that. Mr. Gross noted that Russell Rosen came to the City five years ago from New York, and he is a good friend and has done an outstanding job for the City and on behalf of the City Council and residents of Tamarac, Mr. Gross congratulated Detective Rosen. Mayor Falck commented he had a close association with Corporal Rosen through his work with the Pension Board. Corporal Rosen served very faithfully as a member of that Board, the Mayor said. The Mayor expressed his personal thanks for Corporal Rosen's con- tributions to the City. City Manager Gross said the next two awards would have to wait since there had been a fire call, and the employee awards would continue when the firemen returned. (See page 8) 6. October - Hadassah Month - Presentation of Proclamations by Mayor Falck to Rayus Tamarac Chapter, Bermuda Herzel Chapter, Shoshana Chapter and Bat Ami Tamarac Chapter. SYNOPSIS OF ACTION: Mayor Falck Read the Proclamations and made presentations to the various Chapters of Hadassah. Mayor Falck read the Proclamations honoring Hadassah and proclaimed October, 1980 to be Hadassah Month to enable the organization to increase its membership and enhance its work. The Mayor presented the proclamations to Pearl Auerbach, Flo Kirchik, Flo Krantz, and Evelyn Aronson. 7. Disabled American Veterans - Poppy Day Drive - Presentation of Proclamation by Mayor Falck declaring t e Week of October 6th, 1980 as Poppy Days Drive in the City of Tamarac. SYNOPSIS OF ACTION: Mayor Falck ma e presentation of Proclamation and declared week of Oct. 6, 1980 as Poppy Days in the City of Tamarac. The Mayor read the Proclamation and made the official presentation to Ben Cherkis, declaring the Week of October 6th, 1980, as Poppy Days Drive in the City of Tamarac. -7- 9/24/80 /lc Mr. Cherkis thanked the Mayor and Council, on behalf of the Disabled American Veterans, for their wonderful cooperation on behalf of the Poppy Drive. 8. Meals -On -Wheels - Presentation of this program for the handicapped by y Mr. J. Grimes. SYNOPSIS OF ACTION: Program for an icappe taken under Advisement. Mr. J. Grimes, Citizen of Broward County, a member of the Meals - On -Wheels, addressed the Council and explained the Meals -On -Wheels program. He stated the need is for meals for people who are under the age of 60, and many who are handicapped to the point where they cannot fix a meal for themselves. Mr. Grimes stated a survey showed 100 - 300 people are in need of these services. Mr. Grimes said as of October lst the first meal will be going out. They received a $36,000 Grant from HRS and they had asked for $45,000 which would have provided 100 meals. Mr. Grimes said he is going from one City to another asking for $500. and he asked that the city of Tamarac help him reach his goal of $45,000 by contributing $500. to the Program. Mr. Grimes stated the cost of providing meals for one person for a year would amount to $478.00. At the present time there is no one in Tamarac receiving the service, but Mr. Grimes pointed out no one knows what tomorrow might bring. Vice Mayor Massaro asked where the original $36,000 Grant came from; Mr. Grimes said from H R S, which is 75% Federal and 15% State. That means the program needslO% locally, Mr. Grimes stated. Vice Mayor Massaro said there are so many demands for money that it is getting out -of -line. Councilman Disraelly inquired how many are in the program - Mr. Grimes said he was trying to get the numbers. He explained further that the meals will be delivered by CETA drivers and he said the program is administered by the Service Agency for Senior Citizens, a private agency. Vice Mayor Massaro pointed out to Council that Section 2-11.1., Contributions to Private Charitable and Service Organizations Prohibited. The City Council is prohibited from granting requests for contributions to private charitable organizations and to other private service organizations. Vice Mayor Massaro MOVED that Item 8 be taken under advisement for further discussion. Councilwoman Kelch SECONDED the Motion. The Mayor advised Mr. Grimes that the City also has a Board for Social Services and before Council would do anything to assist any program, it would be referred to the Board for Social Services, which will be done. VOTE: ALL VOTED AYE. 5. EMPLOYEE SERVICE AWARDS: TAPE The Meeting returne to Item 5 at this point, to continue the SIDE Employee Service Awards, honoring two members of the Fire Dept. #3 Mr. Gross stated the occasion is a very memorable one, since in five years the department has grown from two employees with a wrench, to the large department the City now has with two full Fire Houses and modern equipment. Mr. Gross noted that this shows the growth that Tamarac has gone through in the last five years. Mr. Terrence Focks was not present to receive his award. The City Manager present a five-year pin to William Centonze. 9. Broward Art Colony- Presentation of program by Ms. Beverly K. Burris, Executive Director. SYNOPSIS OF ACTION: Presentation by Jack Shif.rel' and Beverly Burris. Mr. Shifrel addressed the Council. He stated he was present to lend support to the Broward Art Colony. He said he is on the Ad- visory Board of the Broward Art Colony and very actively supporting its existence and services and activities. i 9/24/80 /lC VOTE In the absence of Beverly Burris he discussed the Broward Art Colony. He said it is a corporation, not for profit, organized under the laws of the State of Florida. It is tax-exempt and a publicly supported organization. The existing programs, activities and method of operation are such as to attract the type of broadly- based support from the general public, public charities and Governmental units necessary to maintain the status. Mr. Shifrel said part of the reason for maintaining that status is for the generation of funds via grants from state, federal and local governmental agencies and philanth'opical agencies. Mr. Shifrel explained the make-up of the Board of Directors and Advisory Board is composed of community leaders such as elected officials and people having special knowledge in the field within whichthe organization is operating which is the humanities and visual arts. Mr. Shifrel said many Tamarac residents participate and take ad- vantage of the facilities of the Broward Art Colony and many of them find it to be a reason for their existence. Mr. Shifrel explained the need for funds and asked for support from the City of Tamarac, and explained in detail the work being done by the Art Colony. Beverly Burris, Executive Director of the Broward Art Colony, spoke to the Council. She said some of the founders of the group are from Tamarac. Ms. Burris explained the work of the Art Colony and said she is trying to get Community Support; they have received funds from BETA and CETA in the amount of $128,000. in grants. However additional funds are needed. Broward County has given funds in the amount of $8,820.; however they do not see West Broward as a priority item. Ms. Burris said she sees Tamarac, more than any of the others, as the new and dynamic City of the West. Ms. Burris said they have received their first Fine Arts Council grant; however part of the stipulation is that they have an associa- tion with a City, and that they have a contract and an endorsement. Ms. Burris asked that Tamarac consider adopting the Broward Art Colony as the future organization to be in the community. Councilman Disraelly inquired the amount of the total budget. Ms. Burris said the total budget for the fiscal year ending September 30 is approximately $170,000. The fiscal year starting October 1, 1980 will be $233,000. but it should be in the area of $260,000, Ms. Burris stated. Vice Mayor Massaro MOVED that the Mayor be authorized to investigate the matter further and come back with a report. Councilwoman Kelch SECONDED the Motion. ALL VOTED AYE 52, Sunflower Shopping Center - Revised Site Plan - Discussion and Dossi le action to approve a revised site plan for a dumpster enclosure. SYNOPSIS OF ACTION: Revised Site Plan Approved. Evan Cross, City Planner explained the Revised Site Plan is for a dumpster enclosure to be located at the rear of the shopping center, on an existing concrete slab which is in effect an island separating parking spaces. Councilman Disraelly inquired if the dumpster was to be used by the restaurant; Mr. Sol Stra,,hman, owner of the Shopping Center,replied it was not. Councilman Disraelly called Mr. Strachman s attention to Ordinance 79-67 setting forth there must be a side opening in order that refuse can be put in without opening the gates. Provisions have been made by the contractor to do that, Mr. Strachman said. Mr. Stra,chman said the additional dumpster will be very helpful to the shopping center in keeping the area clean. Councilman Disraelly MOVED APPROVAL of the revised site plan for a dumpster enclosure. Councilwoman Kelch SECONDED the Motion. -9- 9/24/80 /lc J `7 L .1 Councilwoman Kelch asked Evan Cross, City Planner, if the staff comments regarding step and wheel stops,_have been complied_ with. Mr. Cross said they had not asked for that to be shown on the revised site plan, but they have accepted it as a matter of responsibility. VOTE: ALL VOTED AYE. 11. Consent Agenda - Items listed under Item #11, 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 discussion of these items. If discussion is desired, then the item will be removed from the Consent Agenda and will be considered separ- ately. _. a) b) j) Minutes of 7/11/80.-. Reconvened Regular Meeting - Approval recommended byCity Clerk. Minutes of 7/23/80 - Regular Meeting - Approval reco=.,ended by City Clerk. Minutes of 8/13/80 - Special Meeting - Approval recommended by City Clerk. Minutes of 8/15/80 - Special Meeting - Approval recommended by City Clerk. Alan F. Ruf - Consulting Attorney - 9/9/80 to 9/18/80 $920.00 - Approval recommended by City Attorney. Shailer & Purdy - Special Counsel - 9/2/80 - $465.00 - Approval recommended by City Attorney. BcLvle—Cnr__gtxucti.nn C,n._—:..._�'.amara_.0 Ntij.iti'ps; _t_. -. 9/1,1/RO-- $636.93 - Approval recommended by City Engineer. Bosworth Aerial Surveys, Inc. - Storm Drainage Improvements 8/29/80 - $3,845.00 - Approval recommended by City Engineer. Williams, Hatfield & Stoner - Consulting Engineer - Approval recommended by City Engineer: 8/22/80 - Acc't #428-371-535-552 - Acct. #429-371-536-623 9/3/80 - Acc't. #350-500-531 9/3/80 - #428-371-535-552 9/4/80 - #428-371-535-552 9/4/80 - #429-371-536-623 9/4/80 - #429-371-536-623 9/4/80 - #425-366-533-310 9/8/80 - #1-155-515-310 9/9/80 - #1-155-515-310 Utility Regulations - Temp. Ord. be removed from Agenda. $482.50 342.88 $15,980.88 6,406.38 880.75 2,186.75 622.25 163.38 100.00 1,297.63 #794 - Recommended to SYNOPSIS OF ACTION: a thru d - Approved as amended. e thru j - Approved. VOTE Councilman Disraelly MOVED APPROVAL of Items a) b) c)and d) as amended, and items e)thru j) to be Approved as well. Councilwoman Kelch SECONDED the Motion. ALL VOTED AYE. 14. Light Meter for Building Department - Enforcement of Lighting Ordinance - Discussion and possible action on: a) Authorization to purchase one (1) new light meter. b) Budget Amendment. SYNOPSIS OF ACTION: a) City Mgr. Authorized to purchase one light meter for Bldg. Dept. b) Budget Amendment - $510 approved for transfer from Vehicles -Bldg. Dept. to Capital Other -Bldg. Dept. City Manager Gross said the item is necessary in order to review the light ordinance written by the City. When the purchase of the light meter was originally approved,the funds needed were not bud eted out of the Capital Fund for it. The cost is approxi- mately MO; therefore the budget adjustment is being requested, along with the purchase of one light meter under the Capital Items, Mr. Gross explained. 3.0E 9/24/80 /lc Councilwoman Kelch noted there is a letter dated September 22 quoting a cost of $491. as against the request for a budget adjustment of $510. City Manager Gross explained a freight charge will be involved. Councilman Disraelly explained under the Ordinances of the City they must have a light meter in order to check the illumination of the various parking lots. Therefore, Councilman Disraelly MOVED the authorization for the City Manager to purchase a light meter for the use of the Building Department. Councilwoman Kelch SECONDED the Motion. VOTE: ALL VOTED AYE. Councilman Disraelly MOVED that $510.00 from line item account #1-227-524-640 of the budget - Vehicles -Bldg. Dept. be trans- ferred to line item account #1-122-524-647 - Capital Other - Bldg. Dept. The balance in the Account from which the money was transferred was $4,948.22 prior to the transfer and will be $4,438.22 subsequent to the transfer. The amount of the account to which the monies are to be transferred was -0- prior to the transfer and will have $510.00 subsequent to the transfer which means funds are still within the same depart- ment and there is no change of any other funding. Councilwoman Kelch SECONDED the motion. VOTE: ALL VOTED AYE. City Manager Gross requested that Item 12 be tabled until 10/1/80, at the Recessed Meeting. He said the Computer people had called the City and they can not have the figures for Council at the present time. Also, because of the difficulty getting figures from the company involved, they are going out to get figures from other companies. Mayor Falck agreed to call Item #12 at the recessed meeting. 43. Newspaper Collection - Discussion and possible action concerning amending Ordinance #80-77 for Newspaper Collections. SYNOPSIS OF ACTION: Discussion only, no action taken. Mr. Milt Klika spoke to Council as Civic Chairman of Mainlands Section 4 and as a former City Councilman because he is very disturbed about the two Ordinances which had been approved during the summer, both of which, in his opinion, are dis- criminatory and possibly a violation of Civil Rights. Mr. Klika gave background concerning recycling of old newspapers, and the interest Section 4 had in the subject. He told Council a program had been initiated in his Section to separate the newspapers from the garbage collection and they had a verbal contract with an individual to collect the papers from the homes on a designated day once a week. Mr. Klika said the program was such a success in Section 4 that it was adopted by neighboring Sections, with the cooperation of their respective Presidents. Mr. Klika explained to Council the program has been going on for ten years in Mainlands 1 -- 6, but now they are faced with Council's unwarranted governmental intrusion into what they feel are their own Sectional affairs. The City now wishes to duplicate the success of Mainlands 1 - 6 in the rest of the City, Mr. Klika stated, and,in doing sa have infringed on the Sections' rights of private contract. Further, Mr. Klika told Council the City has contacted the individual who has the private contract with the Sections, that he must now sign a contract with the City and pay 10% of his earnings derived from the collection of the papers, which he does with the Sections' consent and with their agreement. Mr. Klika inquired if the City was going to ask all of the firms and individuals who do busines.s__with _these Sections to sign a contract with the City returning 10% of their gross earnings on a franchise basis. Mr. Klika inquired why one particular service occupation should be discriminated against. -11- 9/24/80 /lc TAPE Mr. Klika stated he had brought the matter to Council's attention SIDE earlier in the summer because he foresaw problems. Mr. Klika said #4 the people are happy, the garbage collector is happy, and the paper collector is happy and all they want is the right to continue their program without City interference. Mr. Klika stated a letter had been sent out to the Chief of Police to pick up the paper collector. Mr. Klika said he believed the areas in the City that have an on -going, successful program should be exempted from the Ordinance. Councilman Disraelly inquired of the City Attorney if Civil Rights are being violated - City Attorney Birken replied he was not aware of anyone's Civil Rights being violated. He said there is nothing wrong with the Ordinance. Councilman Zemel questioned a letter being sent out to the Chief of Police and asked Mr. Klika who signed the letter. Mr. Klika replied it was sent by Laura Stuurmans, Assistant City Manager. He said the letter requested the Patrol units be on the alert for Mr.Sanatori as it was understood he was illegally removing papers from Mainlands 1 - 5. (Mr. Klika said it was actually 1-6). Councilman Zemel asked Mr. Klika if their collector is a disabled veteran. Mr. Klika said he did not know. Councilman Zemel asked if the collector is a resident of the City - Mr. Klika replied he is not, and that is irrelevant. Everyone that does service in their Section does not have to be a resident of the City, he said. Councilwoman Kelch stated from the beginning that she was highly___ in favor of the Ordinance. She said she felt the intent of the Ordinance is good.. However, from the very beginning she has been highly opposed to any inclusion of penalties or restrictions against how individuals would dispose of their papers, Councilwoman Kelch added. Councilwoman Kelch was told if an individual went to the City they could arrange to have permission granted to continue on contracts, she said. Also the requirement thev izive 10% to the Citv is picavune. penurius . Councilwoman Kelch .__said she would like to. -have -all that c_an be.done to correct the mistake. As a Councilwoman, Mrs. Kelch stated, it is something she can not approve of. Vice Mayor Massaro said she takes an opposing view. She stated the City can not pick out one individual because he did something good when the City has a franchise. The Vice Mayor pointed out that when they talk about justice, it must be justice to everybody and if there is to be a franchise, everybody has to be under franchise since all people must be protected. Also, the City has to worry about every dollar in order not to have the tax base out of reach.The Vice Mayor said at all times the people as a whole must be considered, and she saw nothing wrong with the Ordinance and thought it fair and right. Vice M r_ oMassaro asked if Mr. Klika hq.d the coner urance-of.the Board of Directors to bring the matter up -lie said that he did. The Vice Mayor asked if Mr. Klika had brought it before tEe—general membership, and he replied that he did not. Councilman Disraelly stated he had been laboring under this matter for two years; they had a problem with it initially, and no one objected to the Ordinance when it was originally presented, other than the statement that somebody was already doing it in,Sections 1 &'4. Councilman.Disraelly said with every franchise the City has, one--6-t-- the indications of the franchise agreement is that the payment of franchise fee is made to the City for permission to use the streets, highways, byways etc. which are torn up by the excess travel created by the franchisees going across the City all of the time. That is one of the agreements with MGM Recycling in that it is inherent they will be going up and down the streets and that payment is to provide funds to the City. Councilman Disraelly explained they had written a non-exclusive contract with MGM; also when they made the original agreement with MGM the City noted that somebody might come in through Sections 1 - 6, and that was accepted, if an agreement was made. Councilman Disraelly also indicated part of the agreement the City has with BFI is thatthey willaccept the figures given by any fran- chised collector and will use that as a means of reducing the cost to the City. If some individual takes paper to anyone else, the City has no record of that being given to them. -12- 9/24/80 Councilman Disraelly discussed other Sections of the City which had a private collector paid for the pick up of the paper, and so there are savings for some Sections.of the City, where there may be a loss to an individual; however, he is more interested in the City. Councilman Disraelly stated another collector can pick up paper in the City, however he must obey the Ordinances. Councilman Disraelly informed Council the pick-up of paper has increased in the City, and they are now in excess of 20,000 lbs. of paper a week being picked up. Mayor Falck said he had heard no complaints from any Section other than Mr. Klika's complaint. The Mayor said the only calls he had were questioning the day of collection. Mr. Klika said he was not contesting the idea of the Ordinance, and he congratulated Councilman Disraelly on doing something Sections 1 - 6 had been doing for ten years. However, he questioned penalizing the area that started the program in the City ten years ago. Councilman Zemel said he found some merit in what Mr. Klika said and he would like to look into the matter further. Councilman Zemel MOVED discussion and possible action concerning amending Ordinance #80-77 for Newspaper Collections be TABLED to the; first or second October regular Council Meeting, depending on the Mayor's scheduling. Councilwoman Kelch SECONDED. VOTE: Councilwoman Kelch AYE Councilman Zemel AYE Councilman Disraelly NAY Vice Mayor Massaro NAY Mayor Walter Falck NAY MOTION DEFEATED. 6.5. Acceptance of City Manager ResL nation - Discussion and possible action reference to the resignation of the City Manager. SYNOPSIS OF ACTION: Accepted as of 1/3/81. Mayor authorized to advertise as soon as possible for replacement. Councilman Disraelly said he was sorry that the City Manager has felt it is time to resign, that Mr. Gross felt six years was quite a while to be in City Government and that he is going into private industry. Councilman Disraelly indicated he felt Council should respect the wishes of the City Manager. Councilman Disraelly MOVED to ACCEPT the resignation of Edward Gross as City Manager and would further authorize the Mayor to advertise as soon as possible for replacement so the functions of the City can continue. They are grateful that Mr. Gross is staying until January 3rd and that should give sufficient time to possibly find a replacement who would be as good for the City as he has been up to that point. Vice Mayor Massaro SECONDED the Motion. Vice Mayor Massaro indicated in discussion with the City Manager when he submitted his resignation,,he indicated if the City found it necessary, he could extend the time by one month, but that would be the most that he could extend it. Vice Mayor Massaro stated in her opinion the length of time Mr. Gross has been with the City speaks for itself and in that period it became like a family, and when something is in the best interest of the City one doesn't think about being polite, but Mr. Gross' interests and her interests have always been the same - what is best for the City. Councilwoman Kelch stated Mx. Gross is the only City Manager she has ever known and she thinks he has done a tremendous job for the City of Tamarac. She said no one can fault anyone for attempting to do something better for his financial status and peace of mind. Councilwoman Kelch said she cannot bring herself to accept the resignation that easily, she had the hope that Council could take some action that would help him to remain with the City longer, especially in view of the many complex situations existing in the City today. 9/24/80 /lc Councilwoman Kelch MOVED to TABLE the Item until a subsequent meeting in October where Council can have more chance to in- vestigate and possibly persuade him to remain. There was no second to the motion, and the motion died for lack of a second. Councilman Zemel stated he had known Ed Gross for six years, and to be the City Manager of the City of Tamarac takes certain abilities, characteristics that are unusual. However, Councilman Zemel said everyone has to make their own decisions and he does not fault Ed Gross for the decision he has made, and he wished him the best and commented that he knew he would do well. VOTE: Councilwoman Kelch NAY Councilman Zemel AYE Councilman Disraelly AYE Vice Mayor Massaro AYE Mayor Walter Falck AYE MEETING WAS RECESSED FOR LUNCH TO 1:30 P.M. TAPE MEETING CALLED TO ORDER, ROLL CALL TAKEN, AND ALL PRESENT. SIDE #5 55. Woodmont - Tract 47 - Discussion and possible action on: a Site Plan b) Plat - Temp Reso #1641 c) Water and Sewer Deve opers Agreement SYNOPSIS OF ACTION:)Site Plan approved RESOLUTION N0. -g0- p(oPASSED. subject to conditions.b}Plat approved. r) Water & Sewer Developers Agreement approved. (a) The Site Plan was discussed first. Vice Mayor Massaro stated a check for $500. has been submitted for the Plan Review. She said she spoke with Mr. Epple about the sidewalks in front of the project; he said he would authorize Mr.Tom Schnars. to indicate they are willing and will put in the asphalt sidewalks.to the entrance to Tract 57 from whatever point they are left off. .Mr= -Tom Schnars- addressed the Council. ' He said the"'iciint leff off - is ....on the...eas C side of Tract end the siJewa is will be extended as discussed. The Vice Mayor requested than be shown on the Plans, and be signed by Mr. Schnars. Mr. Schnars agreed to do so. Vice Mayor Massaro expressed concern with the area covering the golf cart paths, and requested the City Engineer review the area and indicate what will be affected. After those requirements are determined, a covenant must be provided that would be approved by the City Engineer and City Attorney covering the maintenance of the area. Councilman Disraelly questioned the location of the golf cart path with reference to the Canal - Mr. Schnars explained the golf path is existing, and they plan to create a separate lake between the cart path and the roadway at 81st Street. He explained it is not part of the golf course, but part of the canal right-of-way. The Vice Mayor said if the City was going to accept the responsibility for the path they would make different requirements. The maintenance will be the developer's responsibility; this was agreed to by the developer. Councilman Disraelly requested the opening on the east side of the entry way, where there is a proposed median cut, be curbed. Mr. Schnars said it was part of the whole median package being proposed on all of 81st Street. Councilman Disraelly asked if that included the west side of the entry; Mr. Schnars indicated it did. Councilman Disraelly inquired if there would be a road across the canal, at the north end of 85th Avenue,, Mr. Schnars said there would be, when Tract 48 is developed. He noted that the culvert crossing is already installed. Councilman Disraelly asked if the golf cart path will be striped and marked with signs where it crosses the road; Mr. Schnars agreed that it will be. -14- 9/24/80 VOTE Councilman Disraelly said the Site Plan should show it - on the south side of the east and the north side of the west two crossings should be shown and the pathways striped. �Ir. Schnars agreed. City Attorney Birken questioned whether the lake has been dedicated. Mr. Schnars explained it is a water area between two major culverts, one beneath the roadway and the other beneath the cart path and it is all within the canal right -of --way. Ms. Mailing, Keith and Schnars, explained the curbing adjacent to Tract 60 is the curbing across from Tract 49 and is underway on both sides of the median, in reply to a question posed by Council- man Disraelly. She said it will all be completed before Tract 47 would be developed. Councilman Disraelly questioned if Tract 60 will provide the curbing on both sides of the median. Ms. Mailing said it will be provided on both sides of the median to the limits of Tract 60 at which time they have picked up the curbing on both sides of the median to be built during the construction of Tract 57, all the way to Pine Island Road. Ms. Mailing also .stated that 81st Street will be totally median from the east boundary of Tract 49, actually Tract 60, to Pine Island Road. Vice Mayor Massaro questioned the pond area. She inquired if it is considered a part of the Site Plan; Mr. Schnars said it is not. The Vice Mayor said she wished to have it in the Motion that this be subject not only to a covenant, but to further review of the area which is not a part of the site plan to determine that it is all acceptable to the City Engineer. Mr. Schnars pointed out that the cart path is existing and has been since the first golf course was built. The diameters and existence of the culverts have been verified under the cart path at the time of approval of the North Golf Course revised site plan. Vice Mayor Massaro said she was not sure where they got approval for the lake. Mr. Schnars explained the water area has been there since construction of the original golf course. The Vice Mayor said the matter can be tabled until the following week, or it can be approved subject to further review. Mr. Schnars agreed to the review of the area and whatever determination has to be made for it. Councilman Disraelly summed up the discussion; he noted the developer will be curbing the entire length of 81st Street from the east side of Tract'60 to 88th Avenue. Also, stripe the golf cart path and put a stop sign on the east side of the south path and on the west side of the north path. The sidewalk is being extended on the north side of 81st Street to conform with the path planned in Tract 60, across Tract 49,to Tract 57. V/M Massarosaid it would be subject to the Engineering Department reviewing the area covering the golf cart paths and the lake that is indicated on the Site Plan and subject to whatever the City Engineer's Requirements are. After those requirements are determined, approval is subject to a covenant covering the maintenance of the area by Woodmont Country Club. Vice Mayor Massaro noted they have paid for the additional recrea- tion fees and have now used up all of their units that were paid for and from now on, each unit is to be paid for at $95.00 each. Retention is covered with the excavations they have made on the golf course. Vice Mayor Massaro also stated the development review requirements appear to have b_een met Vice Mayor Massaro MOVED the APPROVAL of the Woodmont Tract 47 Site Plan subject to the various items that have been red lined City's Site Plan for Woodmont Tract 47, or commented on. Councilman Disraelly SECONDED the Motion. ALL VOTED AYE. -15- 9%1ct80 61 C 7J b) The City Attorney read Temporary Resolution #1641 - Resolution approving a Plat for Woodmont Tract 47. VOTE Councilman Disraelly requested that the words "City of Tamarac" be added to the Plat above the words"Planning Commission and City Engineer". Vice Mayor Massaro MOVED the APPROVAL of the Plat, Temporary Resolution #1641, as amended. Councilman Disraelly SECONDED the Motion. ALL VOTED AYE. City Attorney Birken stated the City has a standard agreement and c) no building permits can be issued until confirmation is received from Tamarac Utilities, Inc. that their portion of the payment has been made. Other than that, everything seems to be in order. Councilman Disraelly asked for a report with each Woodmont Tract that would indicate the status of the number of water and sewer ERC's that are still outstanding. Also the park fees have been used and Council has not been getting those, and Council should also get a report of how much retention area is still left with each tract. Unless Council has those figures they do not know what the status of the agreement with Montwood is, Councilman Disraelly told Evan Cross he is suggesting and requesting that each item that comes in from Woodmont have those three things on it. 1) The number of ERC's still available under their agree- ment with TUX. 2) The amount of retention still available, based on the City's agreement with Montwood. 3) The indication that all the park fees have been used up, showing who has used up those park fees. Councilman Disraelly said he felt they should have a running count of a descending list of numbers. The Vice Mayor said Evan Cross has a copy of that - Councilman Disraelly said he would like to know how many are left. Evan Cross said a letter was being prepared at the present time. Vice Mayor Massaro MOVED APPROVAL of the Water & Sewer Developers Agreement. Councilwoman Kelch SECONDED the Motion. VOTE: ALL VOTED AYE. PUBLIC HEARINGS 21. Five -Year Capital Improvement Plan - Temp. Reso. #1630 - Dis- cussion and possible action to adopt a Capital Improvement Plan for 1980/81 through 1984/85. SYNOPSIS OF ACTION: Tabled to 2 80 budget meeting. City Attorney Arthur Birken read the Resolution Adopting a Five-year Capitol Improvement Plan for the City of Tamarac for the Fiscal Years 1980/81 through 1984/85. Mayor Falck asked if anyone from the Public wished to speak on the subject. No one wished to speak on the subject anrl. the Public Hearing was closed. Councilman Disraelly pointed out the addition to City Hall Complex shows $175,000. The budget amount was $172,000. so there is an error in the computation which is included in this year's budget. The drainage amount shown as $275,000. shows only$100,000 budgeted 9/24/80 /lc for the year. Councilman Disraelly said it seemed to him those two corrections should be made. If the current year is to be included in the Five Year Capital Improvement Plan, Councilman Disraelly said it should show what the City is actually doing and should not be a "wish -list" for the current year. The succeeding years are potential wish -lists, or things that are going to happen. Councilman Disraelly said he wanted to be careful that they do not put into a Five Year Capitol Improvement Program current year's numbers that are not going to be put in - such as the $500,000 Community Center. Councilman Disraelly noted that under the "word -processor" the City does not intend to spend $20,000; they are talking about it being on a lease basis, and $10,000. has been appropriated for that. Therefore, Councilman Disraelly said he thought the figures shown for the current year of a five-year Capital Improvement Program should be the actual figures being talked about - and the 1980/81 figures have to be the numbers that are in the City Budget. Councilman Disraelly indicated he thought the Capitol Improvement budget had to be remodified at least for the year 1980/81 to conform to whatever the City is doing, rather than what they would like to do. Vice Mayor Massaro pointed out they have not approved that budget TAPE yet. Councilman Disraelly agreed, and noted that the Public Hearing SIDE had been held. #6 Vice Mayor Massaro MOVED that the Mayor be instructed to include the Five -Year Capital Improvement Plan as part of the Budget Discussions that will be concluded Monday evening, September 29, at 7:30, following the Public Hearing. Councilwoman Kelch SECONDED the Motion. VOTE: PUBLIC HEARINGS: ALL VOTED AYE. 22. Rezoning Petition - Tamway/Graystone - Petition #27-Z-80 - Discussion and possible action on request to rezone the southwest corner of N.W. 84th Terrace and Lagos De Campo Blvd. from S-1 to R-4A, by Tem . Ord. #812. First Reading. SYNOPSIS OF ACTION: Approved on 1st reading su ject to covenant and subject to recreation fees being paid before 2nd reading. City Attorney Birken read the title of the Ordinance. Thom Lira, representing Tamway/Graystone, owners of the property, noted that Tamway is constructing Fairways of Tamarac immediately to the south of -the project being discussed. Mr. Lira said there was confusion at the Planning Commission Meeting.He asked to discuss Item 22, and also Item 23 concurrently since the two are tied together. Also, he requested that''Gouncil allow him go into a little of the history for the benefit of the people attending the Council Meeting. Mr. Lira stated the piece of property had originally been brought to Council in 1973 as the Wedges, with a plan not too different from the one before Council at the present time. He said as part of that plan they rezoned a parcel to S-1 to gain credit for local park dedication - about 1/2 acre which abuts the golf course. Tamway/Graystone subsequently bought the property and proceeded with a new site plan which has been through the Planning Commission and has been in the City's works for about a year. Because of the sewer and water moratorium the plan had been held up. Mr. Lira explained the reason for the request for rezoning is when the site plan for the recreation parcel was brought in, an interpretation of the City Code brought up that the buildings had to be set back from the zoning line as well as the property line. The developer did not agree with that, but in the spirit of cooperation looked for a compromise which is to simply dissolve the zoning line. He stated they are not looking for any credit for parks or recreation; they plan to pay the $25,000. Mr. Lira showed the first plan, which he said did not fit the problem. They now wish to request rezoning so the facilities can be built and will -17- 9/24/80 /lc \ ,I J E� fall under R-4A. No other Units will be built; the area will be used for recreation purposes. He said it will not look like the Plan before them because the entire area has to be rearranged. Also, Mr. Lira stated they intend to build a swimming pool, a tennis court and a building housing showers and rest rooms, and a meeting room. Councilman Disraelly suggested they have a copy of the plan. Mr. Lira said it was inapplicable because it wouldn't work and they have not revised it as yet. Vice Mayor Massaro explained the developer is at the maximum of the units that can be built on the parcel, 14.89%. Some of the residents had questioned there might be more units put there, however there cannot be any more, regard- less. Councilman Disraelly studied the plan and asked what the set -back problem is. Mr. Lira replied that the interpretation was the buildings would have to be measured from the zoning line and not the property line, reference to setbacks. The Code is unclear in that area, and the request is to dissolve the zoning line. Mr. Lira explained the reason for the parking waiver. They are providing 99 spaces for the units, 10 for guests and 3 handicap spaces as per Code. They feel it is more than adequate to meet the development and unnecessary to have additional spaces for the rec center because it will be a retirement community, and a sub- stantial number of the units will be one -car families. Also, the meeting hall is designed only to meet the needs of the residents of the building. The estimated population of the development will be 90 people. Therefore, they do not feel additional parking is needed for the recreation center. Councilman Disraelly said he could agree with Mr. Lira's comment about the parking since only two buildings are involved; however, his only concern is that there be some type of covenant whereby the area will not be used for anything other than recreation and that it be handled in that manner. He inquired if that could be done, and limit the use to clubhouse, swimming pool, tennis court. City Attorney Birken said that can be incorporated in the Condominium Documents, and the City requires that they see the Condominium docu- ments. Councilman Disraelly said he prefers a Covenant. Vice Mayor Massaro agreed. Mr.. Lira said they would have no objection to a Covenant. Councilman Disraelly explained he was trying to protect the future residents of that development when Council is not here to talk about it; the residents will still have that recreation area. Councilwoman Kelch stated she was satisfied with all phases. Mayor Falck opened the Hearing to the Public. Mr. Lou Stolowitz a resident of Sands Point questioned the 10 guest parking spaces. Councilman Disraelly explained that is within the Code. Mr. Stolowitz stated he had been led to believe Tamarac has always been a planned density area; he said from what he hears it is going to be a planned dense city. He said 10 guest parking spaces would not accomodate the area being discussed. Vice Mayor Massaro said it does not`make any difference about parking for guests; the Item being heard is rezoning only, and has nothing to do with the site plan. Julius Levy, President of Phase 5, the condo across from the area being developed, stated their concern is there will not be enough parking spaces, and he had heard parking is being removed from the rear. Councilman Disraelly explained the parking referred to is the parking required for the recreation area. That is what is under discussion at the present time. Mr. Levy said spaces were being removed in the rezoning; Vice Mayor Massaro said they were not removing any spaces. The number of spaces required by law are being provided, she said. IMO 9/24/80 /lc VOTE Vice Mayor Massaro explained the required"parkin.g is provided for. The entire question is the area that was zoned for recrea- tion is now going to be zoned R-4A, and it will be protected in the Covenant. Mr. Levy said that is what. they want they want any- thing that will make better living, and they do not want any spillover into their parking area. Councilman Disraelly explained the same percentage of guest parking will be required as Sands Point is required to have. Melanie Reynolds expressed confusion concerning if the S-1 parcel will be the same dimension when rezoned to R-4A and is it being rezoned to R-4A on account of the fact the units being built need to have a different setback. City Planner Evan Cross said there are setbacks in the S-1 zone and setbacks in the R-4A zone. The way the site plan for the residential units within the present R-4A area is now situated, they come up against the S-1 zoning line and to put the recreation facilities shown on the site plan in that area would not leave the proper distance between the buildings. They could not provide the recreation parcel they want for the community; therefore, the purpose of the rezoning is to allow them to have the R-4A setbacks which will allow them to better fit the facilities for recreation within the S--1 which now becomes the R-4A zone. Mr. Cross further clarified the matter by explaining a setback is generally measured from a lot line to the building line. When the site plan was brought in for the recreation facilities, the structures (the cabana and fence for the pool), because of the S-1 zoning did not have the correct setbacks and the buildings came too close to the residential buildings. The R-4A setbacks would allow for the proper setbacks between the residential buildings and the recreation buildings. The zoning distance between the apartment building and the recreation building would have the required number of feet in every direction under the R-4 Code. They would be under the Code and not asking for any variance from the Code requirements today. Irwin Goldstein, Sands Point, asked if they could have a diagram of the recreation parcel to see what is being discussed. The City Planner stated the recreation parcel is in the rear of the resi- dential buildings. It can not be seen from Sands Point. The buildings will not be moved. Martin Pollack, President of the Coordinating Committee of Sands Point,stated they should have no objection now that they under- stand the plan. He said he had gone through the plans and he felt they would not be detrimental to Sands Point. However, Mr. Pollack stated if there was any encroachment upon their property, they would expect the full cooperation of the Police Department. Vice Mayor Massaro stated there is no way anyone could put any other units in the area. However, if the recreation is eliminated they will not have facilities - and if they have their own facili- ties,they will not want to use the Sands Point facilities. Councilman Disraelly explained the maximum units. permitted in the R-4A District is 15 Units to an acre, with or without the recreation parcel. That would only be 60 units, they cannot have more than that, he said. The Hearing was closed to the Public since no one else wished to speak. Vice Mayor Massaro MOVED APPROVAL of the request for the rezoning on first reading for the R Parcel from S-1 to R-4A, subject to a covenant which is voluntarily offered by the applicant to be submitted to the City Attorney for his approval before the second reading; further subject to the recreation fees being paid before the second reading of the rezoning. The covenant must be in a recordable form to go to Broward County for a recordation. Councilwoman Kelch SECONDED the Motion to approve Temp. Ord. #812, Petition #27-Z-80. ALL VOTED AYE. BIL011 9/24/80 /lc 23. Parking Waiver Petition-- Tamway/Graystone - Petition #28-Z-80 - Discussion and possible action on request for waiver from parking spaces for private clubhouses for Fairways III at the southwest corner of N.W. 84th Terrace and Lagos De Campo Blvd. by Temp. Reso. #1632. SYNOPSIS OF ACTION: Adopted. RESOLUTION NO. .R-$'D.,,?jp PASSED VOTE: City Attorney Birken read the Resolution by title. Councilman Disraelly commented that the Resolution being presente3 is an indication of a hardship by Tamway/Graystone for parking spaces for the recreation area only. The Ordinances of the City require 3 parking spaces for the size of parcel involved. The recreation area is directly behind the two buildings concerned. Lt would not be probable, even if they had parking spaces in that area, that anyone would go from his apartment to the parking space, to drive around to the back of the building and get out to use the pool or facility. All that is being discussed in the Resolution presented is the elimination of the three parking spaces for the recreation area, which is the number required under City Ordinance. Mayor Falck opened the Public Hearing. Lou Stolowitz, Resident of Sands Point said he was led to believe, by the representative of Tamway/Graystone there was going to be ten guest parking spaces. Now three were added and three are being taken away. Councilman Disraelly said there will be ten; however the site plan is not being discussed. The number of parking places is based on the size of the units. The required parking overall will be 99 parking spaces for 60 units. -.-The City requirement is 10 guest perking spaces, so there will be 109 parking places,--C-ounciTirian-ITisraelly --- explained. Also, there will be three handicap parking spaces, which means a total of 112 parking spaces which will be on the site plan when it is approved. All that is presently under discussion is three parking spaces for the recreation area. No one else appeared to speak on the subject and the Public Hearing was closed. Vice Mayor Massaro stated in view of the fact this will be a Retire- ment Community, it is much more important for the health and wel- fare of the people to have whatever recreation facilities can be provided, which will benefit them greatly, rather than parking spaces which they will never use. Vice Mayor Massaro MOVED that the waiver to not require these three parking spaces be allowed. Councilman Zemel SECONDED the Motion. ALL VOTED AYE. 24. Special Exception - Tamarac Steak Enterprises - Petition #30-Z-80 Discussion and possible —action on a request to allow on -premises TAPE consumption of alcoholic beverages at Tamarac Steak Restaurant, SIDE 5825 University Drive, by Temp. Reso. #1633. #7 - SYNOPSIS OF ACTION: Ado-pted as ._amended sub-j RESOLUTION NO. R• 0-- // PASSED to certain condiEions. City Attorney Arthur Birken read the title of the Resolution. Robert Zack, Secretary Treasurer of Tamarac Steak Enterprises, the Petitioner, explained the background. He said a year ago he appeared before Council to'request a beer and wine licence. He said through his mistake he did not include full alcoholic beverage service, and he is asking that the beer and wine exception be changed to consumption of any type of alcoholic beverage on the premises, with the 2 O'clock closing. -20- 9/24/80 Mr. Zack stated his restaurant will be a full service restaurant with table service, lounge and raw bar. There will be no dance floor or disco or anything like that; possibly a piano player, he said. The anticipated opening is November lst. Mayor Falck opened the Public Hearing. No one from the public wished to speak, and the Public Hearing was closed. The City Attorney noted the fact the letter from Mr. Zack's Attorney did not include the certification of the persons located within 300' of the restaurant. Mr. Zack said he checked this out at the County and there are three businesses located within 300' of his place of business and each one has received a Notice. Further, he agreed to send a letter certifying the list of names to the City. Vice Mayor Massaro MOVED APPROVAL of the on -premises consumption of liquor which will be extending the beer and wine license for the Tamarac Steak Enterprises, subject to a letter from the Attorney indicating the names and addresses given are the only property owners within a distance of 300' from the establishment; further subject to a 2:00„AM local time closing. The license is not to be transferable. Councilman Disraelly SECONDED the Motion. Mr. Zack gave his personal guaranty there would be no disco at the restaurant. VOTE: ALL VOTED AYE. 25. Rezoning Petition - Joseph and Jerome Sousa - Petition #31-Z-80 Discussion and possible action on request to rezone the southwest corner of University Drive and McNab Road from R-4A to B-5, by Temp. Ord. #813. SYNOPSIS OF ACTION: Tabled to 10/22/80 pending further information and letter requesting extension of time period. _......_The City Attorney read the Ordinance Title. Mayor Falck opened the Public Hearing. No one appeared to speak on the subject and the Public Hearing was closed. Councilman Disraelly stated the rezonings go to the Planning Commission and do not come to Council until after they have been acted upon. He said they do not get the report from the Planning Commission until Friday. Councilman Disraelly indicated it would be advantageous if input was given to Council concerning the pros- pective use or the reasons for the requested rezonings. Greg Darby, Darby & Way, spoke on behalf of the petitioners. He said the proposed use is for a banking facility and office building on the corner site. Mr. Darby said they represent Biscayne Federal who is proposing to build on the site. Further, he said it was proposed at the Planning and Zoning Meeting and they went through the various matters at that time. Mr. Darby explained the site has strict design constraints with the additional right-of-way that has to be given for University Drive, plus set backs from University Drive and McNab Road, as well as the residential on two sides. Further, he noted there are many dedications which must come out of the parcel which restricts the use of the land. Mr. Darby stated they could get the building on the site and still meet the City requirements, however. Vice Mayor Massaro noted there is no one living on the corner yet, and she felt it the responsibility of the City to protect future tenants. She also said Council should give the matter careful consideration. It was her feeling, she commented, that a covenant should be brought in to reassure the people. Otherwise, -21- 9/24/80 /lc 1 41100M they are talking about contract zoning, she pointed out. Vice Mayor Massaro questioned allowing this rezoning since they had disallowed a similar one two weeks previous to the meeting. In that situation, she said, the request was for a two-story office building and a bank is no different. Vice Mayor Massaro stated Council should give that some thought. She also requested proof positive that the people are properly protected in the rezoning under discussion. Greg Darby stated the property referred to by the Vice Mayor is an entirely different situation. The Vice Mayor said in that situation the petitioner offered 50' setbacks, which the present Petitioner is not offering, and they offered favorable conditions which were turned down by Council. Mr. Darby described the difference between the two pieces of pro- perty and noted anyone in the residential building next to the proposed building will not look down at the building, but will see only the corner of it since the building is angled. He explained there is a 20' rear setback and landscaping, plus the 5' perimeter setback; 65' of parking and the 10' parking to the building and said they are in excess of 100' from building to building. He also noted they are dedicating 47' to the County for University Drive and he said there is considerable difference between the parcel formerly disallowed and the one under discussion. Mr. Darby said the existing zoning is Residential, and that is not feasible. Mr. Darby stated the proposed use has been discussed with the developer of Concord Village and his representatives and they feel it is an acceptable use rather than residential for the site. Councilman Disraelly told Mr. Darby the Council has nothing to guide them, no preliminary sketch to show what the proposed area will look like; he questioned if it would not be easier for Council to make a decision if they saw what was going to be there. Council- man Disraelly said he believed they were entitled to know how this would be in relation to anything else. Vice Mayor Massaro agreed with Councilman Disraelly; she said she would really like to see more and discuss it more., and table the action on the petition after the Public Hearing until such time as Council has adequate information to make a good judgement on it that they can all live with. Mayor Falck noted the Public Hearing has been closed and the matter is under Council discussion. Vice Mayor Massaro MOVED that Petition #31--Z-80 be tabled to the next regular meeting and that the Petitioner supply sketches and any information he offered that this property was going to be used for a specific purpose. If it is his intention to covenant anything of that sort that he should voluntarily bring this in. Councilman Disraelly SECONDED the Motion. City Attorney Birken told Mr. Darby under City Regulations action needs to be taken within a certain time period, unless there is a request from the applicant to extend those time periods. He said it would be helpful if Mr. Darby would provide a letter requesting time periods to be extended to October 24, 1980 for the first reading of this Ordinance. ALL VOTED AYE. 26. Rezoning Petition - Eugene Toll - Petition #24-Z-80 - Discussion anT possible action on request to rezone the recreation parcel at proposed Southgate Gardens East development from R-3 to S-1 by Temp. Ord. #803. Second Reading. SYNOPSIS OF ACTION: Adopted ORDINANCE NO. 0- D- PASSED on Second Reading. City Attorney Birken read the Title of the Ordinance. _. -22- 9/24/80 ►� J The Mayor asked if anyone from the Public wished to speak on the subject. No one wished to speak and the Public Hearing was closed. Councilman Disraelly MOVED the adoption of Petition 24-Z-80 Rezoning to S-1 on Second and Final Reading, Temporary Ordinance #803. Councilman Zemel SECONDED the Motion. VOTE: ALL VOTED AYE. 27. Rezoning Petition - Eugene Toll - Petition #25-Z-80 - Discussion and possible action on request to rezone the recreation parcel in the northwest portion of Cypress III - Woodmont between N. W. 70th Street and N. W. 75th Street from R-4A to S-1 by Temp. Ord. #804. Second Reading. SYNOPSIS OF ACTION: Adopted ORDINANCE NO.0� 90-g5 PASSED. on Second Reading. VOTE: The City Attorney read the Title of the Ordinance. Mayor Falck asked if anyone wished to speak at the Public Hearing. Councilman Disraelly spoke to the Public who might have heard prior discussion on Tamway/Graystone. He informed them what was being done in the present Hearing is taking property that was permitted to be used for a residential parcel and by rezoning it, nothing other than recreational facilities can be built on it. No living quarters can be provided on the parcel for the next fifty years. No one from the Public wished to speak on the subject. Councilman Zemel MOVED Adoption of Temporary Ordinance #804, on Second Reading. Councilwoman Kelch SECONDED the Motion. ALL VOTED AYE. 28. Rezoning Petition - Eugene Toll - Petition #26-Z-80 - Discussion and p ssible action on request to rezone the recreation parcel in southern portion of Cypress III of Woodmont from R-4A to S-1 by Temp. Ord. #805. Second Reading. SYNOPSIS OF ACTION: Adopted ORDINANCE NO.0-,FO`fl PASSED. on Second Reading. The City Attorney read the Title of the Ordinance. The Hearing was opened to the Public. No one wished to speak and the Public Hearing was closed. Councilman Zemel MOVED adoption of Temporary Ordinance #805 on Second Reading. Councilwoman Kelch SECONDED the Motion. VOTE: ALL VOTED AYE. 29. Rezoning Petition - William Zani - The Phoenix Company - Petition #12-Z80 - Discussion and possi le action to rezone the south side of McNab Road, 60 feet west of Nob Hill Road, from R-3 to B-2 by Temp. Ord. #763. Second Readin -23- 9/24/80 /lc SYNOPSIS OF ACTION: Adopted -on ORDINANCE NO. 0 d-.SPASSED Second Reading. The City Attorney read the Title of the Ordinance. Mayor Falck opened the Public Hearing. No one wished to speak on the subject and the Public Hearing was closed. VOTE: Councilman Disraelly MOVED the adoption of Temporary Ordinance #763, Petition 12--Z-80 on second reading. Councilman Zemel SECONDED the Motion. ALL VOTED AYE_. 30. Rezonin6 Petition - William Zani - The Phoenix Company - Petition 1-Z- - Discussion and possible action on request to rezone the lands 730 feet south of McNab Road, extending westward from Nob Hill Road, approximately 1000 feet, from R-3 to B-2 by Tem . Ord. #800. Second Reading. SYNOPSIS OF ACTION: Adopted on ORDINANCE NO. 0- 96-16 PASSED Second Rea ing. VOTE City Attorney Birken read the Title of the Ordinance. Mayor Falck asked if anyone from the Public wished to speak on the subject. No one wished to speak and the Public Hearing was closed. Councilman Zemel MOVED the adoption of Temporary Ordinance #800 on Second Reading. Councilwoman Kelch SECONDED the Motion. ALL VOTED AYE. 31. Rezoning Petition - William Zani - The Phoenix Com an - Petition 2-Z-80 - Discussion and possible Action on request to rezone the land on the south side of McNab Road extending west from Nob Hill Road, 1000 feet, from R-3 and B-3 to S-1 by Temp. Ord. #801. Second Reading. SYNOPSIS OF ACTION: Adopted on ORDINANCE NO. 0- �0- '%PASSED Sec6n—d Reading. City Attorney Birken read the Title of the Ordinance. Mayor Falck opened the Public Hearing. Since no one wished to speak on the subject, the Public Hearing was closed. Councilwoman Kelch MOVED that Temporary Ordinance #801, Petition No. 22-Z-80, be approved on second and final reading. Councilman Zemel SECONDED the Motion. VOTE: ALL VOTED AYE. IPME 9/24/80 /lc 32. Regulations for Dealers of Used Merchandise - Temp. Ord. #783 - Discussion and possible action to establish regulation for businesses involved in dealing in any type of used merchandise. Second Reading. SYNOPSIS OF ACTION: Adopted On Second Reading, as Amended. 01.2110 ORDINANCE NO. 0-,'4" o0 PASSED City Attorney Birken read the Title of the Ordinance. The City Attorney pointed out there were requests for additional language made at first reading and language was added with the consent of the Chief of Police concerning records on Line 27, Page 1. Mayor Falck asked if anyone from the Public wished to speak on the subject. No one wished to comment and the Public Hearing was closed. Councilman Zemel MOVED that Temporary Ordinance #783 be APPROVED on Second Reading as Amended. Councilwoman Kelch SECONDED the Motion. ALL VOTED AYE. Councilman Disraelly requested a copy of the regulation to be sent by the City Manager to all businesses that could be or would be involved in this type of merchandise so there can be no question concerning it. 33. One -Family Dwelling Zoning Districts - TemporaryTeTporary Ordinance #788 - Discussion and possibie action relating to maximum plot coverage in R-lB and R-lC districts. Second Reading. SYNOPSIS OF ACTION: Adopted on ORDINANCE NO. 0- 0'0- 79 PASSED Second Reading. The City Attorney read the Title of the Ordinance. Mayor Falck asked if anyone from the Public wished to speak on the subject. No one wished to speak and the Public Hearing was closed. Councilman Disraelly explained the proposed ordinance clarified a loophole in the City Ordinances and he MOVED ADOPTION of Temporary Ordinance #788 on the Second and Final Reading. Councilman Zemel SECONDED the Motion. VOTE: ALL VOTED AYE. -25- 9/24/80 /lc 35. Handicapped Parking Violations - Discussion and possible action on request of Police Chief to amend Code Sec. 18-8 referring to penalties for violations of handicapped parking spaces. SYNOPSIS OF ACTION: Temp. Ord. #810 approved on first reading. VOTE City Attorney Birken read the Title of the Ordinance. Councilman Disraelly explained that the Police Chief has requested this in order to make the City conform to State Law, but still keep the fine below that of the State which is $25.00 - the City is setting the fine at $15.00. Councilman Disraelly MOVED adoption of Temporary Ordinance #810 on the first reading. Vice Mayor Massaro SECONDED the Motion. ALL VOTED AYE. GENERAL ADMINISTRATIVE/FINANCIAL 13. Radar Equipment for Police Department - Discussion and possible Action on: a) Authorization to purchase one (1) new radar gun. b) Budget Amendment. SYNOPSIS OF ACTION: a) authorization approved to purchase new ra ar gun to conform to State Statutes. b) $2700 approved for transfer of funds. VOTE VOTE: City Manager Gross called attention to the memo sent to everyone regarding the radar equipment. During 1980 a bill was passed by the Legislature creating Section 3.16.1906 of the Florida Statutes which concerns use of speed measuring devices, to wit - radar. As a result of the change, it was determined the radar equipment used by the Tamarac Police Department is not in compliance with the new law. Therefor, effective immediately, the City is not able to use radar to measure speed. Therefore, it is requested the item be allowed to be purchased by the City of Tamarac and a Budget adjustment be made to put the money into the capital item. Mr. Gross stated it was an emergency. Councilman Disraelly said since the radar gun the City now has is declared invalid by the State, he would MOVE that authorization be given to purchase a new radar gun to conform with state statute 3.16.1906. Vice Mayor Massaro SECONDED the Motion. ALL VOTED AYE. Councilman Disraelly then MOVED $2700. for the radar gun be taken from Line Item Account #1-218-521-140 of the Police Budget named Overtime to be transferred to Line Item Account #1-218-521-644 Capital Other. There are Excess Funds in the Overtime account and the result is the balance in the account from which the monies were transferred was $17,368.89 prior to the transfer and will contain $14,668.89 subsequent to the transfer. So there will be funds for overtime if needed in that department. The amount of money in the account to which the monies are to be transferred was zero prior to the transfer and will be $2700. subsequent to the transfer. Councilman Zemel SECONDED the Motion. ALL VOTED AYE. -26- 9/24/80 /lc COMMUNITY DEVELOPMENT 53. Trigg's Restaurant - Revised Site Plan - Discussion and possible action to approve a revised site plan for addition/expansion. SYNOPSIS OF ACTION: Tabled to recessed meeting, pending further review. Wann Gays addressed Council, representing Trigg's Restaurant. He showed the drawing of the proposed enclosed walkway and described what they planned to do. Mr. Gays said the present walkway would be enclosed as a waiting area for people coming into the restaurant. During the winter it gets cold, Mr. Gays explained. Also, the people will be protected from the rain or from the heat. Presently there is no place for people to wait. The sidewalk area would be enclosed to allow seating, Mr. Gays said. He also stated the planned walkway would beautify the restaurant. Councilman Disraelly noted in the proposed plan 867 square feet will be used, which is part of the parking requirements; and he questioned if there is sufficient parking under the new site plan. Mr. Gays said there is approximately 150 square feet per parking space so approximately six spaces will be required additionally. Councilman Disraelly said he is in favor of the project; it will beautify the area,. However, he requested that Mr. Cross, City Planners be called in to discuss the parking situation. He asked if Mr. Gays was going beyond the limit of his space - Mr. Gays said the Vice Mayor and Councilwoman Kelch had suggested a three foot walkway, in front of the existing walkway, which would go beyond the limit. Further, Mr. Gays explained the walkway as planned would not go beyond the limit unless the three-foot walkway was added. Councilman Disraelly asked the City Planner if there are sufficient parking spaces for the six additional required spaces if the covered area is added. Evan Cross replied as long as there are vacancies in the shopping center there is sufficient parking. The problem could arise with another tenant. The City Planner said a limited waiver would be required at the time the last tenant came in, as they would be six spaces short. Vice Mayor Massaro questioned that since something was being done that would affect the overall utilization of the complex and she thought the owner had to be involved. She said they can't take six more parking spaces away from him when he is already limited, that if certain stores are to be occupied, they can't be. He can only rent certain stores now because of a lack of space, Vice Mayor said, and there could be a legal question involved. City Attorney Birken reminded Council there are two approved site plans for the shopping center and if additional parking was put in under either plan there would be enough parking. Councilman Disraelly expressed concern about the parking situation and number of parking spaces and he did not wish to get into a bind. Vice Mayor Massaro said the City has an agreement with the owner of the shopping center that he can only rent up to a certain number depending upon the utilization of those parking spaces and before it can be added to,the owner will have to be involved. Before a waiver for six spaces can be granted,the owner would have to be involved, otherwise he can come back at the City and say he did not authorize the City to take that action, the Vice Mayor explained. Mayor Falck asked the City Planner what he based his determination upon. Evan Cross stated as far as they could determine.the situation with the shopping center as it exists today, there are two spaces short for the entire shopping center. With the six spaces added, there would be a shortage of eight for the entire shopping center. The City Planner said in staff discussion it was determined that a limited waiver would be required for the six or eight spaces, but it could be handled when the last tenant would come in, insofar as there is a large vacancy in spaces at that shopping center. Mr. Cross said they could not see tying up the Trigg's revised site plan for -27- 9/24/80 J six spaces, when there are three -hundred odd spaces unaccounted for at the present time. Vice Mayor Massaro questioned the two - spaces. She said when the the developers agreement was being prepared it was taken into con- sideration and included in the agreement.The only reason they were not restricted from renting further was because Grand Union was not occupied. Evan Cross said the two spaces come from the latest site plan. The plan shows 542 as the use requirement, and 540 actual spaces. Vice Mayor Massaro explained she did not want legal problems. Councilman Disraelly brought up the question of the handicapped spaces. and the new requirement for 7 handicapped spaces. There would be twelve parking spaces available. Possibly that would have to be reviewed and there may be enough spaces based on the revised ordinance on handicapped spaces, he said. The City Planner said that was already included in the total count. Vice Mayor Massaro commented an overall site plan of the entire plan should be brought in and everything should be summarized and any legal question should be resolved with Mr. Birken. Wann Gays said the shopping center has been there six years, Trigg's has been there four and there is no way all of the stores can be rented in the back corners; the stores can not be seen from the road. Mr. Gays pointed out they are not increasing their seating capacity. All they wish to do is make an enclosed waiting area. Councilman Zemel said if the additional space. does not increase the capacity of the restaurant, he could not understand the problem. Evan Cross said he would check the number of parking spaces in the entire shopping center, making a physical count if necessary. Also, he would check as to who is in each store and get that information to Council. Councilman Disraelly inquired if a sidewalk was to be provided in front of the enclosure; Mr. Gays said there would be. Evan Cross said a new site plan had been submitted that morning which takes into account the requests of the Planning Commission. Mr. Cross said the site plan shows the sidewalk and the proper back -out parking area. He explained the island abutting those parking spaces will be shortened three feet to provide the sidewalk. Councilwoman Kelch until the Recessed the Motion. VOTE: MOVED to table the Revised Site Plan for Trigg's Meeting of 10/1/80. Councilman Zemel SECONDED ALL VOTED AYE. 56. Woodmont - Tracts 74 and 75 - Discussion and possible action on: aApproval of temporary model sales trailer (PhaseI). b) Approval of a model sales office in a permanent building to remain for the duration of the project. c) Waiver of Ordinance #80-56 (5) requiring model sales structure be 300 ft. from building structures in a multi -family area. Temp. Resolution #1638. SYNOPSIS OF ACTION:a) Temporary model sales trailer approved.with conditions. b) Model sales office in building approved with con- ditions. c) Waiver of Ord. 80-56 (5) approved with provisions. City Attorney birken said the Temporary Resolution is not necessary. a-T.p-rova�f -temp rra-y model sales trailer ase Julian Bryan' representing Woodmont Trac4 74 and 75,addressed Council. He said they had taken sheet 3 of 3 of the approved site plan, the most northernmost portion of the tract and have delineated items that would be separate approvals. On the east end of the property at the existing entry to the Pines of Woodmont, there is an existing median cut and that is being used for temporary access into the temporary sales trailer. On the west end the existing access on the approved master plan would be utilized for a permanent sales facility for the life of the project. Mr. Bryan said the temporary facility on the east end would be housed in a mobile home structure and would be eliminated when the other facility is completed. -28- 9/24/80 Mr. Bryan they have retain all lots shown site. stated the important thing is that in both locations tried to make the facilities in such a manner as to the existing vegetation on the site, so the parking are part of the permanent parking facilities on the Councilman Disraelly questioned the entry from the east; Mr. Bryan said it would come off University Drive, through the main Woodmont entry onto 78th Street. Mr. Bryan said there is a revision to the trailer location; they felt it would be better to move the entry to the west about 50' to place the entry opposite the median cut, which resulted in the changes shown on the revised sketch. However, only the parking was moved. The permanent model sales building will remain the same. Mr. Bryan showed on a plan the dash -line indicating 300' from the sales area relating to existing Ordinance re: not having a C/O within 300' of a sales area in a multi -family development. Mr. Bryan said they will request a waiver for that. He noted the attendant parking for the model area will be the gray area shown on the plan and any subsequent building that will be built would not be involved in the parking area. He also said that on the plan, four buildings colored in brown are within the parking area. Mr. Bryan said the waiver, however, will only speak to buildings #2 and #19. The balance of Building #1 will not be constructed. Councilman Disraelly questioned the length of time to build the model sales building; Mr. Bryan replied 6 months. Mr. Bryan requested in each case that the approvals be from the time the permit was actually obtained. Work on the sales trailer will begin in six weeks, Mr -Bryan said, and there will still have to be grading and avin and beauti- fication put in. Mr. Rissman said they would like the six months period to start, from the time the trailer is on the Site, and from the time they have the C/O on the permanent model building. Vice Mayor Massaro said they can't have both; she said Council could approve of their getting the starting time at the time of the C/O, provided they are not duplicating the two. Mr. Rissman said they would want the 6 months to run from the time of the issuance of the building permit. Vice Mayor Massaro said one 6 month period of time would expire at the beginning of the second 6 month period. Mr. Rissman said the trailer would come down as soon as the permanent model building is completed. Vice Mayor Massaro brought to Julian Bryan's attention the fact he would either have to agree to eliminating the driveway when finished and submit a bond at the present time, or come in with a revised site plan. The original site plan did not show a driveway. Mr.Bryan agreed to the restoration bond for the driveway and any other areas in conjunction with the driveway that will be eliminated when the trailer is removed, the bond not to exceed $1000. Mr. Rissman agreed. Councilman Disraelly requested a landscape sketch which can go to Beautification. Mr. Bryan said they had covered that with a note on the site plan; however, Mr. Bryan indicated there would be no problem showing what is intended for planting around the building. Vice Mayor Massaro said she could see nothing wrong with going to Beautification with it. Mr. Bryan said he did not know that the Beautification Committee was again reviewing landscape plans; the Vice Mayor said they were reviewing them. Mr. Bryan said there would be no problem. Mr. Rissman asked if the approval by Council is contingent on tie plans being reviewed by Beautification; Vice Mayor Massaro replied it was not. a) Vice Mayor Massaro MOVED that the approval for Temporary Model Sales Trailer be approved subject to proper beautification and also subject to a restoration bond not to exceed $1000. for the driveway and any other area in conjunction with that driveway that will be eliminated when the trailer is removed. The time for the six month period is to begin with the application for the building permit. Applicant TAPE is to contact City Attorney and submit option and easement that is SIDE required. The proper persons be authorized to execute these #9 documents. Councilwoman Kelch SECONDED the Motion IWE 9/24/80 /lc Councilman Disraelly noted there is a check for $300. for the trailer, and a check for $635. for the permanent model building. It was his opinion according to the Ordinance that the check had to be $875. for each 6 month period; it was not broken down between the permanent building and the model sales. The Vice Mayor said the checks were separate because they were different time periods. Councilman Disraelly disagreed. The City Attorney read from the Ordinance "Each Application for either the original term - or a renewal term - shall be accompanied by a non-refundable fee based upon the size of the project in the amount determined by the City Council". Councilman Disraelly said the amount should be $875. x 2. Vice Mayor Massaro said Community Development had checked the amount and said if it was one application it would be different. Councilman Disraelly read the portion of the Ordinance which stated: The fees are hereby established for applications for temporary model sales and administrative uses in the City of Tamarac.- $875.00. Mr. Rissman said the fee came about because of the short time the trailer will be in existence and because it was agreed not more than the first 210 will be sold out of that facility. Councilman Disraelly stated the Ordinance that tells how many units, and it talks about projects - not how many they will sell. Mr. Rissman said they would be paying twice for the same thing. Councilman Disraelly said not to put in the two applications. Julian Bryan indicated they would suggest that they give an additional check necessary to make up whatever deficit exists and continue to proceed as anticipated with request for the waiver of the permanent model center, a waiver of the 300' requirement; and approval of that - .__.erodel center, and ---approval separately- -o-f_the----- temporary- Traelie1 €a.cll-i-t-7- with the sales trailer. At such time as the temporary facility is vacated and the permanent in use, then the additional $840. will be paid at that time, or whatever balance is outstanding. VOTE: VOTE Mr. Rissman said both would be paid for at the present time, and the trailer 6-month period will start when the trailer is put on the site. The model 6 month period will start at C/O of the model build- ing, and they would pay for both immediately. Councilman Disraelly agreed. ALL VOTED AYE. b) Approval of Model Sales Office in Permanent Building to remain for the duration of the project. Councilman Disraelly MOVED APPROVAL based on the input Council has received, of the model sales office in the permanent build- ing to remain for the duration of the project, but the model sales office shall be considered to start as a model sales after the one floor has been completed and has been C/O'd for half of building No. 1. At the time of the C/O, in order for the Model Sales Office to be used, a fee of $875.00 will be due. Councilwoman Kelch SECONDED the Motion. Councilman Disraelly amended the MOTION_ changing the wording of the first sentence to read "mode sales office in the permanent building to remain for a six months period with option of renewals for the duration of the project with the fees to be paid as stipu- lated by the Ordinance". Councilwoman Kelch, SECOND approved the adjustment to the MOTION. - - ALL VOTED AYE. c) Waiver of Ordinance #80-56 (5) requiring model sales structure be 300 ft. from building structures in a multi -family area. __ Councilman Disraelly MOVED APPROVAL of Waiver of Ordinance #80-56 (5) requiring model sales structure be 300' from building structures in a multi -family area, with the provision that the west half of building No. 1 be not constructed during the time that the east half of that building is used as a model sales office, for as long as the fees are paid and an application is made and approvedt-for - -�P f-o-r-ham- e-a-s,half of that building for model sales - SHE 9/24/80 /lc L. 'A The City Attorney indicated he was not sure he understood the Motion. He inquired if Councilman Disraelly was saying the waiver was good forever if kept up, or good for the same period of time as the model sales is approved. Councilman Disraelly replied it should reflect the length of time as the model sales applications and renewals are approved. As they renew permission for the model sales office, the continued waiver will be considered. Vice Mayor Massaro said that is not what is being requested, the Developer wants a commitment now. Councilman Disraelly said the waiver is good for as long as they have the model sales office. Julian Bryan commented on the Motion. He said it was indicated it would be valid only until construction commenced on the west half of the building; the Ordinance reads the waiver is related to C/O"s and he asked that consideration be given to that. Councilman Disraelly replied by the time work commenced on the west half of the building he was sure it would be sold out. Councilwoman Kelch SECONDED the Motion. VOTE: ALL VOTED AYE. 36. Transmission Antennae - Temp. Ord. #790 - Discussion and possible action to reconsider second rea ing o this temporary ordinance by Council. City Attorney Birken stated this was to be considered First Reading. It was decided to take Item 36 up later. See Page 32. 19. Parks Commissioner - Discussion and possible action regarding recom- mendations by ParRs Commissioner Kravitz. SYNOPSIS OF ACTION: No Action Taken. Counci6an Zemel said he received correspondence from Commissioner Kravitz on August 20, 1980 asking that Council consider changing the name of the Committee from Recreation Committee to Parks & Recreation and he further requested that a budget be established for the committee and he indicated the uses for the budget but did not break it down. Councilman Zemel asked that Mr. Kravitz be permitted to discuss the subject. Mr. Kravitz requested the Recreation Committee be combined with the Parks Department which most cities have done already, and it is working very well. He said he thought there was an overlapping of the duties and by working together more can be accomplished on behalf of the City. In addition he asked that a budget be created because when any small expenditure came up, whether through the Recreation Committee or Parks Committee, there were no funds available and at the suggestion of the City Manager, for the coming year there should be a budget if there are expenditures. Commissioner Kravitz said he felt a nominal budget of $3,000. for certain projects for Parks and Recreation be requested. He stated before any expenditures could be made they would require the approval of Council. However, it would be in the budget for that purpose. Councilman Zemel MOVED the name of the Recreation Committee be changed to Parks and Recreation. In addition, he MOVED the Parks and Recrea- tion Committee be budgeted with the sum of $2,000. Vice Mayor Massaro asked that the Items be taken one at a time. Councilman Zemel said that was all right with him. Vice Mayor Massaro noted there was resistance on the Parks & Recrea- tion being combined at one time. Mr. Gross said Parks & Recreation are in many ways synonymous - at the same time in most large cities Parks and Recreation is a singular operation. In Tamarac there has never been a large enough Recreation Department to handle taking care of the Parks. At the present time, with the employees the City has, Mr. Gross said the Parks and Recreation Department.still would not have enough employees to take care of the necessary items needed in that area - he indicated Public Works would need to be used. For that reason and because people used in the Parks area are generally -31- 9/24/80 /lc Recreation people who have time occasionally to ��ake- care of Parks. Further, Mr. Gross said there is one full-time man on General Maintenance keeping the Parks up-to-date; however he personally felt there is not enough staff to have a separate Parks and Public Works Department. Mr. Gross said he could see no reason why Council should not name the Commission or Board Parks & Recreation because they are dealing with both Parks and Recreation Department. Mr. Gross said he does not feel the Director of the Parks can handle taking care of the Parks, and the City does not have the personnel to add to Recreation. Councilman Zemel said the $2,000. budget was not for operating or maintaining the Parks - Mr. Gross said he knew that, but it usually involves other steps and at the present time it is two or three years away from having a separate department with Parks involved as part of Recreation. Councilwoman Kelch said there are now two Parks and a third one about to be finished. She noted the last two parks have nothing to do with the Recreation Department. There will be no planned activities and the Park will need upkeep and maintenance, but to have a separate staff to take care of that is ridiculous. Councilwoman Kelch stated it did not seem to make any sense to make a separate Parks maintenance situation under the present setup, and to tie it in with Recreation was silly because it is not going to be utilized in these other Parks as they are developed. Vice Mayor Massaro said she would like to study the matter as she could see problems and she wished to know who would be doing what. She noted as Mr. Gross indicated, most of the work is done by Public Works and if a Park Commissioner came in, who would be making the decisions. Vice Mayor Massaro commented she felt the matter needs more memos - she would like to know what the money is budgeted for. Vice Mayor Massaro indicated she felt too much taxpayer money is being spent for the Recreation Department, and this would be adding to it with a new name. Councilman Zemel said there was a breakdown of the budget - the Vice Mayor said she was not happy with some of the items. Vice Mayor. Massaro said she would like to discuss the matter with Mr. Kravitz. Mayor Falck reminded Council on Monday evening previous to the Meeting they listened to rather severe criticism that too much money is being spent on the Program and he does not see how any additional monies can be added to the Recreation Budget. Mayor Falck said he would go along with the suggestion of discussion with Mr. Kravitz. Councilman Disraelly commented the City Manager had made a point, that Cities who have Parks Departments have workmen involved separate and apart from Public Works and Tamarac can not yet afford a duplication of Public Works. Councilman Zemel said he did not mention a Parks Department or a Recreation Department, he was discussing a volunteer committee. Therefore he asked to return to his first Motion - and he MOVED that the Recreation Committee be changed to Parks and Recreation Committee. The MOTION died for lack of a SECOND. Vice Mayor Massaro said she wished to matter since there had been a previous there should be more discussion before matter. move very carefully on the problem with it. She felt any further action on the 36. Transmission Antennae - Temp. Ord. #790 - Discussion and Possible action to reconsider second reading of this temporary ordinance by Council. First Reading. SYNOPSIS OF ACTION: Approved on irst reading. Second Reading to be 10/22/80. Councilman Disraelly stated after the previous meeting when four members of Council were present, a Motion was made to consider the Item, Temporary #790, and the vote was 2 - 2•therefore there was no final action taken. Councilman Zemel requested it be put on the Agenda at a time when full Council was present. Therefore, a full Council was present. -32- 9/24/80 /lc A Councilman Disraelly MOVED adoption of Temporary Ordinance #790 an Ordinance pertaining to antennae for licensed amateur operators. Councilman Zemel SECONDED the Motion. Councilwoman Kelch questioned the Item being considered first reading; she said it was second reading. Vice Mayor Massaro explained it had died on second reading and must start over again. Councilwoman Kelch said the Agenda states "to reconsider second reading of the temporary ordinance"; it should read "discussion and possible action on first reading". Mayor Falck said the Agenda was all right; the City Attorney at his request had said it should be handled as a first reading; the matter is being reconsidered. There was no further discussion on the Motion. VOTE: Councilwoman Kelch AYE Councilman Zemel AYE Councilman Disraelly AYE Vice Mayor Massaro NAY Mayor Falck NAY Motion carried by a 3 - 2 vote. Mayor Falck stated the Second reading would take place when a full Council is present which will be the 22nd of October, 1980. 54. McNab Plaza North - Discussion and possible action on: a) Site Plan b) Plat- Temp. Reso. #1639 c) Dedication of Road Rights -of -Way to City --Temp. Reso_. #1640 d) Water and Sewer Developers Agreement e) Landscape Plan SYNOPSIS OF ACTION: a) Site Plan approved with condition. b) Plat - Temp. Res. 1639 adopted RESOLUTION N0. ,?6-,lc PASSED c) Temp. Res. 1640 adopted RESOLUTION NO.OAIa PASSED d) Water & Sewer Dev. Agrmt. Approved. e) Landscape Plan - Approved. Mr. Jerry Biondo, Attorney, 25 S. E. 2nd Avenue,appeared to represent 'Noranda,Inc. He said he would answer any questions Council might have. He indicated all checks for fees would be turned in that day. Mr. Biondo stated the acreage 8.147 acres. He explained the various fees which had been paid. a) Councilman Disraelly inquired the number of Fire Hydrants on the site plan; he had noted two on the site plan. Evan Cross studied the TAPE Site Plan with Councilman Disraelly and indicated. -the locations of SIDE the fire hydrants. #10 Councilman Disraelly asked if the parking shown did not include the two future buildings; the City Planner said it did not. Councilman Disraelly noted there was plenty of parking as far as buildings A - G are concerned. He noted if and when other buildings are built it will be the developer's problem to provide parking spaces. Council- man Disraelly inquired if the exit from McNab Plaza North into the Family Mart Center took any spaces away from Family Mart. The City Planner said there is no conflict with Family Mart. The sidewalk will meet the Family Mart sidewalk, and there is a walkway in front of all buildings, which is all sidewalk. Richard Johnson, Architect for McNab Plaza North explained the side- walk portion is all paved and there will be landscaping in the area. Councilman Disraelly said it appeared,.the only way a truck could enter would be 72nd Street with exit,6nto University Drive or into Family Mart. Mr. Johnson said that was correct. He also indicated the Roadway at 72nd Street is part of their Plat; Council disagreed. Mr. Johnson said they have an agreement with Bay Colony who owns the right-of-way in which they will convey to the City the 60' right-of- way as soon as Plat approval is obtained and bond posted with the City to be sure the road right-of'way is completed. He said that had been documented with the City Attorney. At the present time, just the width of the street will be dedicated he said, and the construction will be bonded so it will be fully constructed. Mr. Johnson said the bond dollar amount had already been agreed upon. ISRE 9/24/80 /lc L__J Key" Greg Darby, Darby and Way, explained the drainage which he said will be positive drainage going to the existing canal on the east side of the overall Bay Colony properties. Further, Mr. Darby explained the drainage was worked out with the City Engineer who requested the positive drainage because it is public right-of-way. Vice Mayor Massaro asked if the drainage off University Drive would be picked up by the drainage system; Mr. Darby said it would not; University Drive is a swale section and the drainage runs north and south from that point where the road comes out onto University Drive. He explained the high point is at University Drive. There will be no drainage spilling off the McNab Plaza North property onto University Drive, Mr. Darby stated. Vice Mayor Massaro MOVED approval of McNab Plaza North Site Plan. Councilman Disraelly SECONDED the Motion. ALL VOTED AYE. b)The City Attorney read Temporary Resolution #1639 by title. Vice Mayor Massaro inquired if there was any problem with the right- of-way Dedication; City Attorney Arthur Birken said there was no problem as it affects this project. Vice Mayor Massaro MOVED the approval of the Plat for McNab Plaza North. Councilwoman Kelch SECONDED the Motion. VOTE: ALL VOTED AYE. c)The City Attorney read the Resolution by title: (Temp. #1640). City Attorney Birken explained the right-of-way would be recorded after the County Commission approves the Plat. A letter of credit is to be posted, Mr. Biondo explained, for the completion of the road, at the time the Engineering Permit is paid for. C/MiDisraelly questionedthe timing, and Mr. Biondo agreed to have a letter of credit provided to the City within two weeks. Councilman Disraelly stated that the Resolution would become effective upon receipt of a letter of credit or a bond to satisfy the construction. City Attorney Birken said it would be better to have a date certain. Vice Mayor Massaro said as long as the City had it. before it goes to the County for approval it will be all right. Councilman Disraelly said the effective date of the Resolution will be October .8'L_1980. Councilman Disraelly MOVED adoption of Temporary Resolution #1640 to become effective on October 8, 1980, passed on September 24, 1980. Vice Mayor Massaro SECONDED the Motion. VOTE: ALL VOTED AYE. — --q) C_min_cilman_Dis_r,..e.1]_y returned to t .tea) Site. Plan__ He explained the City wished to have the median at Universit Drive --- on the east side curbed. He said they were attempting to get all such areas curbed to prevent people crossing over and asked if that would be indicated on the Site Plan. Mr.T.Fraga said that would be acceptable to them; however permission would have to be obtained from the State Department of Transportation. Mr. Fraga said he is one of the owners of the property. Mr. Fraga inquired what would happen if they could not get state approval for the curbing. Vice Mayor Massaro said if the state did not approve it, the City could not require that it be done. -34- 9/24/80 /lc l �I VOTE VOTE d) Water and Sewer Developers Agreement - Vice Mayor Massaro stated the water and sewer agreement is satisfactory and she saw no need to discuss it. Vice Mayor Massaro MOVED the approval of the Developers Water and Sewer Agreement. Councilman Disraelly SECONDED the Motion. ALL VOTED AYE. e) Landscape Plan - Evan Cross stated the Landscape Plan met all applicable ordinances. It was approved prior to the Ordinance that required a separate planning list and quantity listing. Councilman Disraelly said he would appreciate if Evan Cross would have the list put on the legend so Council would have it for perusal. Mr. Cross agreed. Councilman Disraelly MOVED approval of the Landscape Plan, with request for the legend. The Beautification has been accepted by the Beautification Committee. Councilman Zemel SECONDED the Motion. ALL VOTED AYE. MEETING WAS RECESSED TO 9:30 A.M. Wednesday, October 1, 1980. ATTEST: �% P- This public document was promulgated at a cost of $ 9/,3K , or $ /d,pa 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. 35- APPROVE BY CITY �COUNCIL �ON o? 9 9/24/80 /lc