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HomeMy WebLinkAbout1982-10-13 - City Commission Regular Meeting MinutesR1�'' �. 0. BOX 25010 T�AMARAC, FLORIDA 3,1320 FIRST CLASS MAIL CITY OF TAMARAC, FLORIDA CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, OCTOBER 13, 1982 CALL TO ORDER: 9:30 A.M. ANNOUNCEMENT OF TIME ALLOCATIONS - MOTIONS TO TABLE - The Chair al this time will announce those items which have been given a spe- cific time to be heard, and will entertain motions from Council members to table those items which require additional research. Council may agendize by majority consent matters of an urgent nature which have come to Council's attention after publication. PRESENTATIONS 1. Hadassah - Presentation by Mayor Falck of proclamations to Bermuda Club - Herzl, Rayus - Tamarac, Shoshana - Tamarac, and Bat Ami - Tamarac Chapters designating October, 1982, as "Hadassah Month". 2. Disabled American Veterans - Presentation by Mayor Falck of a proclamation designating the month of October, 1982, as "DAV Handicapped Parking Awareness Month". BOARDS AND COMMITTEES 3. Welcoming Committee - Acceptance of resignation of Nicole Parmet and announcement of one vacancy on this committee. If anyone is interested in serving on this committee, please contact the City Clerk's office for an application. 4. Beautification Committee - Temp. Reso. #2462 - Discussion and possible action to appoint one member to this committee. CONSENT AGENDA 5. Items listed under Item #5, Consent Agenda, are viewed to be routine and the recommendation will be enacted by one motion in the form listed below. There will be no separate dis- cussion of these items. If discussion is desired, then the item(s) will be removed from the Consent Agenda and will be considered separately. a) b) c) d) e) Minutes of 7/28/82 - Regular Meeting - Approval recommended by City Clerk. Minutes of 9/8/82 - Regular Meeting - Approval recommended by City Clerk. Minutes of 9/10/82 - Special Meeting - Tamarac Utilities East Budget - Approval recommended by City Clerk. Minutes of 9/10/82 - Special Meeting - Tamarac Utilities West Budget - Approval recommended by City Clerk. Minutes of 9/13/82 - Special Meeting - Approval recommended by, City Clerk. 10/13 - Pg. 2, Proclamation presented. 10/13 - Pg. 2, Proclamation presented. 10/13 - Pg. 3, Nicole Parmet resignation ac- cepted. 10/13 - Pg. 3, TABLED. 10/13 - Pg. 3,4, and 5, a) thru (h) and j)thru (u)APPVD. i)and (v)TABL- ED. PAGE TWO f) Minutes of 9/22/82 - Special Meeting - Approval recommended by City Clerk. g) Richard S. Rubin - Consultant City Planner - Services for Sep- tember, 1982 - $2,377.50 - Approval recommended by City Manager. h) Alan F. Ruf - Consulting City'AAttorney - 10/8/82 - $1,800.00 - Approval recommended by City Attorney. i) Mitchell Ceasar - Grants Consultant - Retainer for September, 1982 - $1,250.00 - Approval recommended by City Manager. j) Williams, Hatfield & Stoner, Inc. - Consultant City Engineer 9/9/82 - $33,219.66 - Approval recommended by City Engineer. k) Williams, Hatfield & Stoner, Inc. - Consultant City Engineer - 9/13/82 - $642.62 - Approval recommended by City Engineer. 1) Alexander Grant & Co. - Auditors - Services for September,1982 regarding financial statements as of 9/30/82 - $6,000.00 - Approval recommended by Finance Director. m) Howard, Brawner & Lovett - Special Counsel regarding Large User Agreement with Broward County - 9/20/82 - $7,050.00 - Approval recommended by City Attorney. n) Josias & Goren - Special Counsel - Borrow Pit - 9/28/82 - $552.50 - Approval recommended by City Attorney. o) Josias & Goren - Special Counsel for Litigation - 7/19/82 - $1,398.00 - Approval recommended by City Attorney. p) Del Ricco Brothers Construction, Inc. - 1982 Storm Drainage Improvements - NW 82 Street - Pay Estimate #5 - 9/30/82 - $12,936.36 (final payment) - Approval recommended by City Engineer. q) Inland Sealcoating, Inc. - Preparatory Work for Resurfacing of Roadways - Approval of the following as recommended by the City Engineer: (1) Change Order No. 1 increasing the contract price by $3,042.35 to a total of $16,417.34. (2) Final payment in the amount of $3,921.08. r) Tamarac Utilities West - Authorization to go to bid for the following: (1) Replacement of roof at Administration Building (2) Installation of a raw water main (3) Installation of Well Nos. 10 and 11 s) Vehicles - Authorization to purchase seven (7) 1983 Police package Chevrolet Malibu Sedans at a unit price of $9,828.90, a total price of $68,802.30, with Federal Revenue Sharing Fund: via the Broward County Sheriff's Office bid. t) Southgate Gardens East/Mission Lakes - Amendment of Parks and Recreation Agreement - Approval to extend the tabling action a future Council meeting. u) Approval to remove from the agenda Tem . Reso. #2384 and Temp. Ord. #990 regarding park and recreation fees in lieu of land dedication. v) Mainlands Section 6-A, Lot 1, Block 126 - Request for encroach- ment of an easement - Approval to remove from the agenda and refer to the Board of Adjustment as recommended by the City Attorney. (See Pg.1) PAGE THREE GENERAL ADMINISTRATIVE/FINANCIAL 1 6. Soccer Club - Approval to sponsor a Carnival in. December at 10/13 - Pg. 5, the northwest corner of University Drive and 57th Street and APPROVED with waiver of permit fees. conditions. 7. Disposal of Solid Waste -- Temp. Reso. #2460 - Discussion and 10/13- Pg. 6, possible action to urge Broward County to reject the selection APPROVED. of Site "H" for solid waste landfill purposes. 8. Eleven Month/One. Penny Sales Tax - Tema. Reso. #2_461 - Dis- 10/13 -Pg.6, 7, cussion and possible action opposing the passage of APPVD. w/placing referendum on the November ballot on this tax and the proposed ad "Bwd.Nei hb." uses of such funds by Broward County. 9. Holiday Festival of Lights - Discussion and possible action on 10/13-Pg.7,8,9, a) Proposed Festival for December, 1982. a) APpR]VED b) Approval to purchase a public address system from balance b) APPROVED of festival monies. 10. Broward League of Cities Business - Discussion and possible 10/13- Pg. 10, action. Report by - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -I C/M Disraell y. PUBLIC HEARINGS - 2:00 F.M. (The applicant has requested that Items 11, 12 and 13 be post- poned to a future meeting. If this request is granted, these items will be readvertised). 11. The Horn & Hardart Company - Special Exception Petition 10/13 - Pg.21, _-_ _ #25-Z-82 - Temp. Reso. #2463 - Discussion and possible action Request for w/ to grant a special exception to allow a restaurant in a B-1 drawal acknow- (Neighborhood Business) zoning district on lands located on ledged by the north side of Commercial Boulevard, adjacent to Riverside Council. Memorial Chapel and extending westward for 300-feet toward NW 70 Avenue. 12. The Horn & Hardart Company - Special Exception Petition 10/13-- Pg.21, #26-Z-82 - Temp. Reso. #2464 - Discussion and possible action west for'w/ To grant a special exception to allow an indoor amusement drawal acknow- center in conjunction, with a proposed restaurant in a B-1 � ledged by (Neighborhood Business) zoning district on lands located on Council. the north side of Commercial Boulevard, adjacent. to Riverside Memorial Chapel and extending westward for 300-feet toward NW 70 Avenue. 13. The Horn _& Hardart Company - Special Exception Petition _ 10/13 - Pg. 21, #27-Z-82 - Temp. Reso. #2465 - Discussion and possible action Request for w/ to grant a special exception to allow on -premises consumption drawal acknow- of alcoholic beverages (beer and wine) in conjunction with a ledged by proposed restaurant in a B-1 (Neighborhood Business) zoning a Council. district on lands located on the north side of Commercial Boulevard, adjacent to Riverside Memorial Chapel and extending westward for 300-feet toward NW 70 Avenue. 14. Deli Tyme Restaurant - Special Exception Petition #29-Z-82 - 10/13 - Pg. 22, em Reso. #2466 - Discussion possible act' grant —exception ton — .ion to APPROVED with a special to allow on -premises p-premises consumption of beer conditions. and wine in a B-2 (Planned Business) zoning district at McNab I' Plaza North, 7130 N. University Drive. ° 15. Woodmont Square - Rezoning Petition #24-Z-82 - Temp. Ord.#1003� Discussion 10/13-Pg.22 thru and possible action to rezone lands on the west side 37, of NW 88 Avenue, extending southward from the Tamarac Fire Station approximately 528-feet, from R-3 Public Hearing (Low Density held; contd. Multiple Residential) to B-2 (Planned Business). Second Readin 9 future meeting. a) Acceptance of Affidavit of Publication and Affidavit of Posting. b) Consideration of application. PAGE FOUR COMMUNITY DEVELOPMENT 16. Woodmont Tracts 47, 48 & 50 - Bond Release - Temp. Reso.#2477- 10/13 - Pg.10, Discussion and possible action to release a warranty bond APPROVED. posted for culvert crossings. 17. Woodmont Tract 50 - Bond Release - Temp. Reso. #2478 - Dis- 10/13 - Pg.10, cussion and possible action to release a warranty bond posted APPROVED. for public improvements. 18. Woodmont Tract 62 - Bond Release - Tem12. Reso. #2479 - Dis- 10/13 - Pg.10, cussion and possible action to release a warranty bond posted APPROVED. for public improvements. 19. Woodmont Tract 57 - Warranty Bond - Temp. Reso. #2480 - Dis- 10/13 - P9.10111 cussion and possible action to call a warranty bond posted DENIED. for public improvements. 20. Woodmont Tract 70 - Bond Release - Temp. Reso. #2481 - Dis- 10/13 - Pg.11, cussion and possible action to release a warranty bond posted APPROVED. for public improvements. 21. Montwood, Inc. - Model Sales Facility- Discussion and pos- sible action to renew a model sales permit for certain Woodmont tracts pursuant to Stipulation #11 (tabled from 9/22/82). 10/13 - Pg.11, APPROVED for 6 months. 22. Discussion�andtp Parcel s�ble action tond ease - releaseReso. #2476 - 10/13-Pg. 11, possible warranty bond APPROVED, re - posted for installation of a left turn lane at 6500 N. leasing warrty. University Drive. bond. 23. Mainlands Center - Discussion and possible action on a reques for refund of engineering fees for on -site and off -site improvements. 24. Medical Arts Building (Drs. Baker & Levine) - Discussion and possible action on: a) Request for refund of the following fees: (1) Engineering fees (2) Water & Sewer contribution charges (3) Drainage ;improvements (4) Drainage retention b) Request for cancellation of the Water & Sewer Developers Agreement. 25. Tamarac Park - Revised Site Plan -- Discussion and possible action on a revised site plan for recreational facilities. 10/13-Pg.29,30, City Engr. will recompute cost. 10/13 - Pg. 19, a)1-Approved 2-Denied 3-Approved 4-Approved b)Denied. 10/13-Pg.11,12, APPROVED. 26. Exxon Service Station (Southeast corner of University Drive 10/13-Pg.27-29, & Southgate Boulevard) - Discussion and review of preliminary No action regd. site plan and landscape plan. 27. Lakeside Plaza - Discussion and possible action on: 10/13 - Pg. 1, a) Site Plan - Tem . Reso. #2414 TABLED to next b) Water and Sewer Developers Agreement reg. meeting. c) Utility easement for sewer purposes - Temp. Reso. #2415. (to be located on the west side of State Road�7, north of Commercial Plaza) (tabled from 7/28/82) 28. Northwood II - Model Sales Facility - Discussion and possible action on clarification of a waiver of the 300-foot distance requirement for certificates of occupancy granted on 9/22/82. 29. Versailles Gardens -- Model Sales Facility - Discussion and possible action to renew a model sales permit for this project. 10/13 - Pg. 14, APPROVED. 10/13 - Pg.14, Approved for 6 months. PAGE FIVE 30. Edgewater Village - Sign Waivers - Discussion and possible action to grant an extension of waivers for the following signs: a) Directional sign on vacant lot east of Century Bank on the north side of Commercial Boulevard - Tem . Reso. #2468. b) Directional sign on property owned by Summit Bank at the southwest corner of University Drive and NW 61 Street - Temp. Reso. #2469. 31. Executive Center - Discussion and possible action on: a) Site Plan - Temp, Reso_ #„2470 b) Landscape Plan -- c) Water Retention Agreement d) Water & Sewer Developers Agreement e) Acceptance of road right-of-way deed for 40-feet on Univ- ersity Drive -- Temp. Reso. #2471 f) Acceptance of 12-foot utility easement - Temp. Reso. #2472. (to be located on the east side of University Drive, south of Sunflower Shopping Plaza) 32. Piccadilly Cafeterias, Inc. - Discussion and possible action on: a) Special Exception Petition #30-z-81 - Approval to permit a restaurant in a B-2 (Planned Business) zoning district by Temp. Reso. #2157 (public hearing held 2/10/82). b) Site Plan - Temp. Reso. #2474 c) Plat - Temp_. Reso. #24 5 ..75 d) Landscape Plan e) Water Retention Agreement f) Water & Sewer Developers Agreement (located on the east side of University Drive between All Saints Lutheran Church and McNab Plaza North). 33. Southgate Gardens East/Mission Lakes - Discussion and possible' action on: a) Release of performance bond posted to guarantee installation of public improvements upon receipt of a one-year warranty bond - Tem. Reso. #2434 (tabled from 9/22/82). b) Revised site plan for the addition of a recreation building and pool - Temp. Reso. #2467. 10/13-Pg.9,10, a) & (b) APPRVD. , both extended for 1 yr.with signs to be refurbished.. 10/13-Pg.14,15, TABLED pending Univ. Drive service road Study. 10/13-Pg.32-34, a) (b) (c)APPVD. d)APPVD.as coed. e)APPROVED f)APPVD.as cond. 10/13-Pg.29, APPROVED. 34. First Federal of Broward Bank - Revised Site Plan - Temp.Reso. 10/13-Pg.30,31, #2473 - Discussion and possible action on a revised site plan APPROVED. for a drive-in facility located on the east side of University Drive, north of Family Mart. 35. Marzionna Hand Dipped Chocolates - Sign Waiver -- Temp. Reso. #2482 - Discussion and possible action to waive the provisions of the sign ordinance pertaining to style of lettering for a facia sign at the Acapulco Restaurant Shopping Centex. 36. Sheppard Plaza (McNab Plaza North) - Sign Area Waiver - Temp. Reso. #2483 - Discussion and possible action to waive the provisions of the sign ordinance pertaining to placement of signs for Bays 18, 19, 20 and 21. 37. Tamarac Plaza (southwest corner of Brookwood Boulevard and McNab Road) - Tem . Reso. #2268 -- Discussion and possible action on rescission of parking waiver (tabled from 9/22/82). 38. Drainage Im rovements in the Cit - Discussion and possible action. 10/13-Pg.13,14, APPROVED. 10/13-Pg.31, APPROVED with conds. 10/13 - Pg.15, TABLED. 10/13-Pg. 15, Report .by V/M Massaro. PAGE SIX REPORTS 39. City Council 40. City Manager 41. City Attorney City Council may consider such other business as may come before it� Pursuant to Chapter 80-105 of Florida Law, Senate Bill No. 368; if a person decides to appeal any decision made by the City Council with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF TAMARAC Carol A. Evans Assistant City Clerk For informational purposes, following are the residential and commercial zoning districts in the City: R-1 R-1B & R-lC R-2 RD-7 R-3U R-3 RM-10 R-4A R-5 B-1 B-2 B-3 B-5 B-6 - Single Family Residence - One -Family Dwelling - Two -Family Dwelling - Two -Family Dwelling - Row House - Low Density Multiple Dwelling Planned Apartment Planned Apartment - Motel/Hotel - Neighborhood Business - Planned Community Business - General Business - Limited Business District - Business District S-1 -Open Space/Recreational I-1 -Institutional 1 M-1 -Light Industrial M-2 -Medium Industrial A-1 -Limited Agricultural A-5 -Agricultural/Excavation T-1 -Trailer Park District 42. Tamarac Utilities West - Emergency Repairs to SurgeTank 43. Expending Monies from Drainage Fund 44. Southgate Gardens East/Mission Lakes -- Refund Portion of Parks and Recreation Fees 45. Parking Fee - East Parking Lot 46. Tamarac Park -- Survey & Topo 47. Borrow Pit - Grant Application 10/13 - Pg. 20 10/13,Pg.16,Agen. by Cons.,AQpyd. 10/13,Pg.16,Agen. by Cons..Appvd. 10/13 - Pg.17, Agend.by Cons., Tabled 3 - Pg.17, Agend® by Cons., Citv Mgr. to handle.. 1.0/13,Pg.l2,Agend Cons. A vd. 10/113,Pg.35, Agend.by Cons. Auth. to proper City Off. to sign application CITY OF TAMARAC, FLORIDA REGULAR CITY COUNCIL MEETING October 13, 1982 CALL TO ORDER: Mayor Falck called the meeting to order on Wednesday, October 13, 1982 at 9:30 a.m. in the Council Chambers. ROLL CALL: PRESENT: Mayor Walter W. Falck Vice Mayor Helen Massaro Councilman Irving M. Disraelly Councilman Philip B. Kravitz Councilman David E. Krantz .11 ALSO PRESENT: City Manager, Laura Z. Stuurmans City Attorney, don M. Henning Asst. City Clerk, Carol A. Evans Secretary, Norma R. Rayman MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Falck called for a moment of Silent Meditation followed by the Pledge of Allegiance. Mayor Falck welcomed everyone present and reviewed the time allocations on this day's agenda. Mayor Falck mentioned that Items 11, 12 and 13, Horn & Hardart Company, are to be removed from the agenda specifically at the request of the petitioner. He suggested that Council simply make an announcement that these items are to be considered for removal at 2:00 p.m., when Public Hearings begin. He added that at that time, he will ask Council to vote, complying with the request of the petitioner for official removal of Items 11, 12 and 113 from the agenda. 27. LAKESIDE PLAZA - Discussion and possible action on: a) Site Plan - Temp. Reso. #2414 b) Water and Sewer Developers Agreement c) Utility Easement for sewer purposes -- Tem Reso. #2415 SYNOPSIS OF ACTION: TABLED to next regular meeting. V/M Massaro said that the applicant had requested this item be tabled to the next regular meeting and she so MOVED. C/M Disraelly SECONDED. 1tLS1YNC ALL VOTED AYE V/M Massaro .added that the applicant requested tabling because of the fees to be paid for water and sewer at the time of site plan approval, and they were not prepared at thxS. time and asked that --this be Tabled. 42. TAMARAC UTILITY WEST-=MRGENCY REPAIRS TO SURGE TANK -Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent (See Page 16 ) V/M Massaro stated the various components of the surge tank, such as the railings and structures needed to Ve sand blasted and painted. She stated that the sand blasting is going to cost $3,900 and that this was an emergency. They also have to have the handrails repaired and until the sand blasting is done, there is no way of knowing whether they are going to have to replace them in their entirety or have sections replaced. V/M Massaro added that the time and material charges are going to be $30.00 an hour for whatever work has to be done on it and later on the gratings will have to be done as they are in dangerous condition. V/M Massaro MOVED to agendize this item by consent. VOTE: ALL VOTED AYE C/M Krantz SECONDED. -1- 10/13/82 /nrr 43. EXPE14DING MONIES FROM DRAINAGE FUND for installation of pipe at Lagos de Campo and catch basin at 79th Avenue and 57th Street- Diacussion and possible___a.ction._ SYNOPSIS OF ACTION: Agendized by Consent (See Page 16) V/M Massaro pointed out that the engineering department was requesting that they be permitted to purchase and install a corrugated aluminum pipe at Lagos deCampo, and to put in a catch basin at the corner of 79th Avenue and 57th Street at Century Bank, where it is continually flooded. V/M Massaro MOVED to Agendize by Consent. C/M Krantz SECONDED. VOTE: ALL VOTED AYE 44. SOUTHGATE GARDENS EAST/MISSION LAKES -Refund of portion of Parks & RecreZtion fees - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent (See Page, 17 and Page 35) V/M Massaro stated that Mr. Toll had given the City a check for $2,910 dated today, .for monies owed in Parks and Recreation Fees. She added that she neglected to inform the finance department that that check was predated. V/P1 Massaro MOVED to agendize by consent the consider- ation of the money being returned to him. C/M Krantz SECONDED. VOTE: ALL VOTED AYE 45. PARKING FEE - EAST PARKING LOT - Discussion and possible action. SYNOPSIS OF ACTION: Agendi2ec? I-)- Consent (See Page 17) City Manager stated that an individual had paid the annual amount for parking space at the east side sewer plant and they are not going to be using it. C/M Disraelly MOVED to agendize by consent. V/M Massaro SECONDED. VOTE: ALL VOTED AYE 1. HADASSAH -- Presentation by Mayor Falck of proclamations to Bermuda Club - Herzl, Rayus - Tamarac, Shoshana - Tamarac, and Bat Ami - Tamarac Chapters designating October 1982, as "Hadassah Month". SYNOPSIS OF ACTION: Mayor Falck presented proclamations Mayor Falck presented proclamations to the four chapters of Tamarac Hadassah Groups. He congratulated all for the good work done. A representative of one of the four chapters presented a service award in return to Mayor Falck for his good work for the Hadassah. 2. DISABLED AMERICAN VETERANS-- Presentation by Mayor Falck of a Procla- mation designating the month of October , 1982, as "DAV Handicapped Parking Awareness Month". SYNOPSIS OF ACTION: ( See Page 17 ) C/M Disraelly said he thought Morris Landsman would be at the meeting to accept this proclamation. Mayor Falck said he would hold this until later when Mr. Landsman did come in and then officially present it. -2- 10/13/82 /nrr 3. WELCOMING COMMITTEE - Acceptance of resignation of Nicole Parmet and announcement of one vacancy on this committee. SYNOPSIS OF ACTION: Resignation -accepted and vacancy annouunced. C/M Kravitz informed Council that they were in receipt of a formal resignation from Nicole Parmet. C/M Kravitz MOVED that Council accept the resignation of Nicole Parmet and at the next Council meeting, based on the applications received, Council will submit those and vote for a new member. V/M Massaro SECONDED. 1+ 41162M ALL VOTED AYE 4. BEAUTIFICATION COMMITTEE - Tem Reso. #2462 - Discussion and possible action to appoint one member to this committee. SYNOPSIS OF ACTION: TABLED awaiting more applications. Jon Henning read the Resolution by title only. C/M Disraelly stated that although this item was scheduled for hearing today, he and Mrs. Bochenek have interviewed three people during this past week. Unfortunately, all whose applications were received, will be away July and August or August and September. C/M Disraelly added that they were particularly looking for people who will be here during the summer, he MOVED that they do not appoint anyone to this committee today, and wait for more applications. V/M Massaro SECONDED. VOTE: 5. CONSENT AGENDA ALL VOTED AYE a) Minutes of 7/28/82 - Regular Meeting - Approval recommended by City Clerk. b) Minutes of 9/8/82 - Regular Meeting - Approval recommended by City Clerk. c) Minutes of 9/10/82 - Special Meeting - Tamarac Utilities East Budget - Approval recommended by City Clerk. d) Minutes of 9/10/82 - Special Meeting - Tamarac Utilities West Budget -- Approval recommended by City Clerk. e) Minutes of 9/13/82 - Special Meeting - Approval recommended by City Clerk. f) Minutes of 9/22/82 - Special Meeting - Approval recommended by City Clerk. g) Richard S. Rubin - Consultant City Planner - Services for September, 1982 - $2,377.50 - Approval recommended by City Manager. h) Alan F. Ruf - Consulting City Attorney - 10/8/82 - $1,800.00 -- Approval recommended by City Attorney. i) Mitchell Ceasar - Grants Consultant - Retainer for September, 1982 - $1,250.00 - Approval recommended by City Manager. j) Williams, Hatfield & Stoner, Inc. - Consultant City Engineer -- 9/9/82- $33,219.66.- Approval recommended by -City Engineer. k) Williams, Hatfield & Stoner, Inc. - Consultant City Engineer - 9/13/82- $642.62 - Approval recommended by City Engineer. 1) Alexander Grant & Co. - Auditors - Services for September, 1982, regarding financial statements as of 9/30/82 - $6,000.00 - Approval recommended by Finance Director. m) Howard, Brawner & Lovett - Special Counsel regarding Large User Agreement with Broward County -- 9/20/82 - $7,050.00 - Approval recommended by City Attorney. n) Josias & Goren - Special Counsel - Borrow Pit - 9/28/82 - $552.50 - Approval recommended by City Attorney. o) Josias & Goren - Special Counsel for Litigation - 7/19/82 -- $1,398.00- Approval recommended by City Attorney. -3- 10/13/82 /.,rr p) Del Ricco Brothers Construction, Inc. - 1982 Storm Drainage Improve- ments - NW 82 Street - Pay Estimate #5 - 9/30/82 - $12,936.36 (final payment) -- Approval recommended by City Engineer. q) Inland Sealcoating, Inc. - Preparatory Work for Resurfacing of Road- ways - Approval of the following as recommended by the City Engineer: (1) Change Order No. 1 increasing the contract price by $3,042.35 to a total of $16,417.34. (2) Final payment in the amount of $3,921.08. r) Tamarac Utilities West - Authorization to go to bid for the following: (1) Replacement of roof at Administration Building (2) Installation of a raw water main (3) Installation of Well Nos. 10 and 11 s) Vehicles - Authorization to purchase seven (7) 1983 Police package Chevrolet Malibu Sedans at a unit price of $9,828.90, a total price of $68,802.30, with Federal Revenue Sharing Funds via the Broward County Sheriff's Office bid. t) Southgate Gardens East/Mission Lakes - Amendment of Parks and Recreation Agreement - Approval to extend the tabling action to a future Council meeting. u) Approval to remove from the agenda Temp. Reso. #2384 and Tema. Ord. #990 regarding Park and Recreation fees in lieu of land dedication. v) Mainlands Section 6-A, Lot 1, Block 126 -- Request for encroachment of an easement - Approval to remove from the agenda and refer to the Board of Adjustment as recommended by the City Attorney. SYNOPSIS OF ACTION: Items a)through h) and Items j)through u) APPROVED. Item i )TABLED -Request reports frcm Mitch Ceasar & his attendance at second meeting of each month- Item v) removEd frcrn Consent Agenda - TABLED V/M Massaro said that with regard to Item v), some new information may have come to light and needs a little further research. She MOVED that this item be removed from the Consent Agenda at this time. C/M Krantz SECONDED. VOTE: ALL VOTED AYE C/M Kravitz pointed out that he had not seen a report from Mitchell Ceasar since he has been working with the City. He suggested that they request from Mitch Ceasar a report showing just what he is doing for the City. C/M Kravitz said that he would not withhold payment for the month at this time, but would request that in the future that Council does get reports. C/M Krantz said he had in fact seen one or two reports from Mitchell Ceasar. The City Manager added that within the last week they had received a memo from Mr. Ceasar regarding the Senior Employment Work Program. She said she had also sent a memo to Council indicating that the City is pursuing this. V/M Massaro said that she understood that C/M Kravitz meant that Council was supposed to get a summary report each month with the application for the fee to be paid. She said she agreed that Mr. Ceasar should be told by the City Manager that that would be expected. She added that she did not think that was an unreasonable request. C/M Disraelly said he was in agreement with the City Manager and had seen Mitch Ceasar's report on the Senior Employment Work Program. Mayor Falck suggested that they remove Item i) and get the matter cleared up as it relates to reports and as it relates to request for payment. C/M Disraellj pointed out that there was a time when 'Mitchell Ceasar was showing up at the second meeting of each month and giving Council a verbal report and unless business prevents him from being here, he would think that would be a better way so that Council can question him about the things that are happening. -4- 10/13/82 /nrr Mayor Falck said that he might take the blame for the fact that Mitch Ceasar did not come to the meetings any more. Mr. Ceasar had been calling the Mayor and the Mayor had informed him to keep sending in his report, but if Council wished to see him, they would specifically ask for him to come in. C/M Disraelly asked that the payment be TABLED because Council does not have a report from him and that the City Manager be instructed to advise him to be at the next meeting to account for this and for him to be at subsequent second meetings of the month for his verbal report. C/M Disraelly MOVED that items a) through h) and j) through u) be APPROVED on the Consent Agenda. V/M Massaro SECONDED. VOTE: ALL VOTED AYE V/M Massaro said with reference to Item v) she wished to take this off the Consent Agenda entirely and just put it back on the regular agenda and Council will make disposition of it at the workshop meeting. 6. SOCCER CLUB •- Approval to sponsor a Carnival in December at the northwest corner of University Drive and 57th Street and waiver of the permit fees. SY14OPSIS OF ACTION: APPROVED with conditions Mayor Falck pointed out that at the last meeting he had informed Council that a request had been received by his office for the holding of a small carnival at the Tamarac Park. He added that since that time that proposal has been abandoned and a request is now before Council for permission to hold a carnival at the Orovitz property at the corner of 57th Street and University Drive. Mayor Falck added that these carnivals have been held there before under the sponsorship of the various organizations affili- ated with the City's Parks and Recreation committee. V/M Massaro said that she saw nothing in the records to allow them to make this request as usually the City gets a letter accompanying the request from the owner of the property, giving them permission to use the land. She asked what right the city had to give them permission. The City Manager stated that the City was not giving them permission as that was between the club and Mr. Orovitz. The City Manager added that the City was not giving them permission to use the land, the City is actually just recognizing the fact that they will be having a carnival and waiving the carnival fee. Mayor Falck said that it was up to the Soccer Club to work out the details as the City is not involved. C/M Krantz questioned if the City would have any responsibility in this? Mayor Falck said they take care of the necessary insurance and the City is held harmless. C/M Disraelly MOVED that the City authorize the Tamarac Soccer Club, Inc. to hold a Carnival at the lot located at 57th Street and University Drive opening Wednesday, December 1st, closing Sunday, December 5th, hours of operation will be approximately 7:00 p.m. to 11:00 p.m. Wednesday, Thurs- day and Friday and from 1:00 p.m. to 11:00 p.m. on Saturday and Sunday. The City will waive the fees, however, the Soccer Club will be required to present the City a letter from the owner of the property, indicating that they have been permitted to use it. That Soccer Club will pay for all of the insurance required and give the City a hold harmless letter and that they will hire and pay for police and fire personnel to be on the grounds, as has been done in the past, so that the City knows that there is protect- ion and that the fire department has surveyed it and approved the location of the tents and the equipment. They will be responsible for the clean-up to have been completed by Wednesday, December 8th; if not, the City will clean up and assess them for whatever fees are required. C/M Krantz SECONDED. VOTE: ALL VOTED AYE -5- 10/13/82 /nrr 7. DISPOSAL OF SOLID WASTE - _Temp. Reso. #2460 - Discussion and possible action to urge Broward County to reject the selection of Site "H" for solid waste landfill purposes. SYNOPSIS OF ACTION: APPROVED Temp. Reso. #2460 RESO. NO. R-82- % PASSED. Jon Henning stated before he read the resolution that he had added a revised page 2 and circulated same to Council stating that the City Clerk send copies of this Resolution to the County Commissioners. Jon Henning then read the Resolution by title. V/M Massaro said she thought she had seen this on the County agenda for consideration and maybe they had already accepted this. C/M Disraelly said that at the Northwest Council of Mayors meeting which he had attended in the Mayor's absence, Coral Springs wrote a similar resolu- tion and with that presented many details where all of this money has been approved for construction of sludge and treatment plant and now if they are going to use this area for solid waste disposal, it means they have to give back that $8 million, and they have to start all over again to try and get funds for the sludge treatment plant and the Federal Government is not giving grants like that anymore, so they will lose the $8 million. C/M Disraelly said that yesterday he had received a survey at least 1 inch thick prepared by Hazen and Sawyer for about a quarter of a million dollars. This survey explained why they want to use this or why they did not want to use it, but they spent all this money to research location "H" which is approximately Powerline Road and Copans Road. Some of that land is owned by the County right now. It is where the transportation depart- ment has its repair facility. it is where the sludge farm is to be, it is where there is other County owned property. He added that the import- ant thing was that they would be losing the $8 million, and they will have to go look for another location, and furthermore, the solid waste advisory committee had recommended to the County several months ago by a vote of 7 to 4 that the location for the solid waste disposal should be at the Davie Site. C/M Disraelly said that it seemed to him another means of disrupting an orderly process and the County, one of these days is going to have to bite the bullet and realize that the only way to dispose of solid waste is with a resource recovery plant of some sort, to burn it and get rid of it. This way they would not have the problem of trying to find 300 acres every 20 years. C/M Disraelly MOVED the ADOPTION of this Resolution. V/M Massaro SECONDED the MOTION. C/M Krantz questioned the figure of $8 million, when he noted on the Resolution that the figure was $5.8 million. Mayor Falck said that the $8 million dollars was the figure that was indicated at the meeting at 201 advisory. C/M Disraelly said that the figure of $5.8 million was additional funds that are already approved for construction of the sludge treatment plant in addition to the $8 million. C/M Disraelly added that it would therefore be $13 million that they would be losing. VOTE: ALL VOTED AYE 8. ELEVEN MONTH/ONE PENNY SALES TAX - Temp. Reso. #2461 - Discussion and possible action opposing the passage of the referendum on the November ballot of this tax and the proposed uses of such funds by Broward County. SYNOPSIS OF ACTION: APPROVED with ad to be placed in Broward Neighbors the last Sunday in October RDSO. NO. R-82- p2 �'C) PASSED. Jon Henning read the Resolution by title. C/PR Disraelly said that all the people he had spoken with in the City of Tamarac, all have expressed opposition to the passage of the proposed county referendum ordinance No. 82-54 for this tax. He added chat in the County Ordinance 82-54, they specifically say, neither the proceeds of such tax nor any interest accrued thereto shall be used for the operational expenses of any facility described herein or for the operation. C/M Disraelly added that this meant that after they built them, if they did build them and if they were approved, they would have the cost of those go into the ad valorem taxes, because there is no other way they will be able to support these facilities, once they are -6- 10/13/82 /n rr built. He said,he was sure that this Council that has made provisions for the reduction of taxes in this City, would be in favor of this Resolution and he would so MOVE. C/M Krantz SECONDED. Morton Student, resident, said he would like to know if this was the tax that referred to building a convention hall in Broward County? C/M Disraelly answered that it referred to a Convention Hall, a Convention Center and three Cultural Community Centers, one in north, one in west central and one in South. It also gives 7/10ths of 1 per cent of the funds to the Davie Rodeo facility, and one-third to the performing arts center. Morton Student agreed that if they did build a Convention Hall or Convention Center it would be downtown Fort Lauderdale and the residents of Tamarac would get no benefit whatsoever from it. He said that he hoped that the Council disapproves of this tax. V/M Massaro requested Council's consideration of the possibility of putting an ad, just before the referendum, in the Neighbors Newspaper, of the Council's opposition to this and how it is going to be worded or whether the Resolution itself will be in there is something that can be determined. She added that she thought that Council should let the people of the City know that Council is in strong opposition to this. V/M Massaro MOVED that this be an amendment to the MOTION. C/M Krantz SECONDED. C/M Krantz said that this creates an undue hardship on the people of South Florida, because they have already got a sales tax and this creates additional hardship. He added that they are getting close to the New York City 8% or 9%, and that has created a tremendous hard- ship up North. Mayor Falck said he agreed that Council should let the people know that they were opposed to it. C/M Disraelly added that it stated in the Resolution that they had no proposed locations, they have no plans drawn for it. He said again that the fact they had not taken into consideration any maintenance costs worried him. Mayor Falck stated that they would be taking a vote on the Resolution with the amendment that they would place an ad in the Neighbors the Sunday before the election.. He added that this would be the last Sunday in October as the election was November 2nd. City Manager added that since the way the Motion has been couched, she thought it was important that she does raise the point that any ad that would be placed, should be checked and reviewed by the City Attorney as to the prerequisites under the Florida Election Code for Political Advertisement. She added that she thought they had to be very cautious. V/M Massaro said that she would suggest that the ad be prepared by the Mayor and the City Manager and checked by the City Attorney. VOTE: ALL VOTED AYE 9. HOLIDAY FESTIVAL OF LIGHTS - Discussion and possible action on: a) Proposed Festival for December, 1982. b) Approval to purchase a public address system from balance of festival monies. SYNOPSIS OF ACTION: a) APPROVED under Parks & Recreation Committee for b) APPROVED with funds to cane from Holiday Festival Account 12/12/82 Mayor Falck pointed out that this had been placed on the agenda as a result of a request by C/M Disraelly. Mayor Falck added that Council might be interested in knowing that the Parks and Recreation people have already started some work in connection with the Holiday Lighting -7- 10/13/82 /nrr Ceremony. He added that they had selected, tentatively, a date of December 12 and it was their suggestion that Council authorize the Parks and Recreation Committee to handle the details of the holiday program this year, tying it in as in the past with Chanukah and the beginning of the Christmas Season, so that Council would have one program. He added that since he has been working as liaison, it was to be his recommendation that Council approve this. Mayor Falck said that this would be on Sunday, December 12th at about 5:30 or 6:00 pm. C/M Krantz inquired as to the fact that the City owns a public address system. Mayor Falck stated that the City did own a public address system of sorts that needs to be replaced desper- ately and this will replace it. He added that what he meant was that this would be in addition to, not replacement of. .1� C/M Disraelly added that the equipment .the City does own, is used at the playground at the beginning of any sport events. It is portable and it is not a very good one. C/M Disraelly stated that the intent, as discussed at a prior meeting, was to buy a good piece of equipment and it was Ralph Thissen's intent that the speakers be inserted into the City's new van, so that it would always be there and at least two of those speakers would be able to be used and permanently installed. C/M Disraelly added that he meant the S.howmobile with the portable stage. C/M Disraelly said that Ralph Thissen was asking for an equalizer and a cassette tape deck to be added to the items that he is proposing, for a total expenditure of $1,019.00 and there is in the Holiday Festival of Lights account $1,092.00, so that there will be some $71.52 left over. V/M Massaro said she was highly in favor of this as the system that the City now has, leaves much to be desired. She added that each year that the City has the Festival of Lights, it cost $300.00 to rent the equip- ment. She stated that not having the proper equipment sometimes spoils the affair. She said that this will be used for the Festival of Lights for years to come so it is appropriate that it come out of that fund. C/M Kravitz added that he wished it to go on record that he is in accord with holding this particular festival. He added that he thought it was worthwhile, however, if the parks and recreation committee or the depart- ment takes it over, who will get the funds for this and where will it come from? Mayor Falck said he thought that the parks and recreation committee, first should determine what they need to have and what they want to have and at that time if it is necessary to raise funds then they would have to come to the City Council with a recommendation. Mayor Falck added that as of now there had been no indication made that they need to go for funds. He added that he agreed that Council should authorize the people to assume this responsibility and if a budget of some kind is necessary, it should be prepared and presented to Council. C/M Kravitz pointed out that the first thing that had to be discussed was whether they were going to hold this festival or not. V/M Massaro asked that they complete Item b) and then she would speak on item a). V/M Massaro MOVED that the proposal as presented by Public Works. Director be approved and that he be authorized through the City Manager to purchase the equipment as outlined at a total cost of $1,019.00. C/M Disraelly added that the excess sum of $71.52 be applied to the funds that may be needed for the 1982 Festival of Lights. C/M Krantz SECONDED. Melanie Reynolds asked if the people who donated their money for the Festival of Lights were told that their money would be used elsewhere? V/M Massaro said that this money is being used for something that will be used for the Festival of Lights and the City had an opinion from the Attorney at the time when this was first discussed, who was Art Birken,and Jon Henning had agreed with that opinion. -8- 10/13/82 /nrr Mayor Falck repeated the MOTION for the record. D02a0F ALL VOTED AYE C/M Disraelly pointed out that C/M Kravitz had proposed a Resolution earlier in the year, that stated that no solicitation be made for any functions sponsored by the City. He added that this Resolution had passed and he thought all members of Council were in favor of continuing that policy. C/M Disraelly added that ifithis was a function of the Parks and. Recreation Committee, there should be no problem in securing funds from the lin items for any events that are for civic purposes, and there are funds allotted for various programs. He added that whether one of these are ear- marked specifically for the festival in December, he was not sure, but there are a number of dollars that are appropriated for Halloween, Easter, and various other calendar events. C/M Disraelly added that if there were insufficient monies at a future date, or not for this specific item, he was sure that the parks and recreation department would ask for the City Manager to present to Council a request for funding to take care of anything for which there was a short- fall. He added that he did not think that there was a problem. C/M Disraelly MOVED that Council APPROVE the authority under the sponsor- ship of the Parks and Recreation Committee to hold this Festival of Lights program on December 12 as has been suggested by the Committee. V/M Massaro SECONDED. V/M Massaro commented that as far as the Resolution is concerned, you could change it at any time. She added that she believed that the Festival of Lights was a beautiful thing; She said that if the City goes to Public funds, it is a simple matter as has been handled in the past, but if they go to the city funds, Council has to think about this a little bit, because the monies that have been collected in the past have not only been collected in Tamarac, but they were collected in North Lauderdale and Lauderhill and various areas in the vicinity, even as far as Coral Springs. She added that there were a good number of children and most of them did not come from Tamarac. Now if it were just the money of the taxpayers' of Tamarac, it would not be fair to give gifts to children of the surrounding areas, so therefore Council had to think about it. She said that the figure for the gifts was somewhere around $1,000 plus the gifts that were donated. VOTE: ALL VOTED AYE 30. EDGEWATER VILLAGE - SIGN WAIVERS - Discussion and possible action to a) 117 grant an extension of waivers for the following signs: Directional sign on vacant lot east of Century Bank on side of Commercial Boulevard - Temp. Reso. #2468 the north Directional sign on property owned by Summit Bank at the south- west corner of University Drive and NW 61 Street - Temp. Reso. #2469. SYNOPSIS OF ACTION: a) APPROVED Temp. Reso. #2468 RESO. NO. R-82- OZ9 7 PASSED. b) APPROVED Temp. Reso. #.2469 RESO. NO. R-82- PASSED. both extended for one year with signs to be refurbished. Jon Henning read the. Resolution by title only. C/M Disraelly MOVED that the signs be permitted for an extension of one year. He added that he thought the signs should be refurbished a little bit. C/M Disraelly MOVED the APPROVAL of Temp. Reso. #2468. C/M Krantz SECONDED. VOTE: ALL VOTED AYE -9- 10/13/82 /nrr Jon Henning read Resolution #2469 by title. C/M Disraelly MOVED the APPROVAL of Temp. Reso. #2469, hoping that the signs will be refurbished. C/M Krantz SECONDED. vnTF- ALL VOTED AYE 10. BROWARD LEAGUE OF CITIES BUSINESS - Discussion and possible action. SYNOPSIS OF ACTION: Held for afternoon (See Page 20) Mayor Falck informed Council. that Kurt Volker had been trying to get in touch with him and he would like this held for the afternoon. 16. WOODMONT TRACTS 47, 48 & 50 - BOND RELEASE - Temp. Reso. #2477 - Discussion and possible action to release a warranty bond posted for culvert crossings. SYNOPSIS OF ACTION: APPROVED Temp. Reso. #2477 RESO. NO. R-82- &2j,>?_ PASSED. Jon Henning read resolution by title only. V/M Massaro MOVED that the Warranty Bond be released on Temp. Reso. #2477. C/M Krantz SECONDED. VOTE: ALL VOTED AYE 17. WOODMONT TRACT 50 - BOND RELEASE - Temp._ Reso. #2478 -- Discussion and possible action to release a warranty band posted for public .improvements. SYNOPSIS OF ACTION: APPROVED TemR. Reso. #2478 RESO. NO. R-82- 3 PASSED. Jon Henning read resolution by title only. C/M Disraelly informed Council that the original memo dated 10/1/82, indicated that there may have been some remedial repair requirements. He added that he had checked with the City Engineer and he had indicated that the deficiencies have been corrected and accordingly the warranty bond may be released and he MOVED the ADOPTION of Temp. Reso. #2478. V/M Massaro SECONDED. VOTE: ALL VOTED AYE 18. WOODMONT TRACT 62 - BOND RELEASE - Temp. Reso. #2479 - Discussion and possible action to release a warranty bond posted for public improvements. SYNOPSIS OF ACTION: APPROVED Temp. Reso. #_24.79 RESO. NO. R-82-aj PASSED. Jon Henning read Resolution by title only. V/M Massaro MOVED the ADOPTION of Temp. Reso. #2479. C/M Disraelly also indicated that a survey of the remedial repairs was made yesterday and found to be in order. C/M Krantz SECONDED. VOTE: ALL VOTED AYE 19. WOODMONT TRACT 57 - WARRANTY BOND - Temp. Reso. #2480 - Discussion and possible action to call a warranty bond posted for public improvements. SYNOPSIS OF ACTION: Held for afternoon (See Page 20) Jon Henning read the Resolution by title only. -10- 10/13/82 /nrr C/M Disraelly pointed out that Council had a letter signed by Bob Foy, Asst. City Engineer, confirming a conversation with Mr. Epple, requesting that the warranty bond under discussion, has been extended for 60 days from October 14th, and based on that he indicated the bond will be re- issued and sent to the City of Tamarac on or before October 14th, which is today. C/M Disraelly continued that based on its receipt, he MOVED that the Resolution #2480 be DENIED. V/M Massaro suggested that this item be held for the afternoon. She added that Council was dealing with responsible people and there may be a letter signed by them that they will extend this letter of credit. Mayor Falck said they would in fact give it every opportunity and hold it for the afternoon. 2.0. WOODMONT TRACT 70 - BOND RELEASE - Temp. Reso. #2481 -- Discussion and possible action to release a warranty bond posted for public improvements. SYNOPSIS OF ACTION: APPROVED Tem . Reso. #2481 RESO. NO. R-82- vZ 1l t_ PASSED. Jon Henning read the Resolution by title only. C/M Disraelly stated that the original letter again indicated that there were remedial repairs required. He added that there was a statement from Larry Keating that they have been corrected and he MOVED the ADOPTION of Temp. Reso. #2481 as revised 10/11/82. C/M Krantz SECONDED. vnTF, 21. MONTWOOD, INC. - MODEL action to renew a model pursuant to Stipulation SYNOPSIS OF ACTION: APPROVED for six months from September 15, 1982. ALL VOTED AYE ALES FACILITY - Discussion and possible sales permit for certain Woodmont Tracts #11. V/M Massaro MOVED that Model Sales Permit be extended pursuant to Stipulation #11 for a six month period from September 15, 1982. C/M Disraelly SECONDED. VOTE: ALL VOTED AYE 22. ROSEN-ALLEGRETTI PARCEL - BOND RELEASE - Tema. Reso. #2476 - Discussion and possible action to release a warranty bond posted for installation of a left turn lane at 6500 N. University Drive. SYNOPSIS OF ACTION: Held for Afternoon (See Page 19 ) V/M Massaro suggested that this item be held for the afternoon. She said she had some questions with Larry Keating on this regarding fees and so forth, and she had not had a chance to ask him. Mayor Falck said he would be glad to call it again this afternoon. 25. TAMARAC PARK - REVISED SITE PLAN - Discussion and possible action on a revised site plan for recreational facilities. SYNOPSIS OF ACTION: APPROVED -City Manager authorized to bid for tennis courts and handball/racquetball fencing. Laura Stuurmans pointed out that Council had in their backup material, copy of a revised site plan prepared by the City's engineering depart- ment. She added that the purpose of bringing this item before Council is the instruction given by Council at the first meeting in September, when they approved the additional improvements for Tamarac Park.;, they specifically indicated that prior to the initiation of bids, or the commencement of any work, that Staff present plans to Council to show -11- 10/13/82 /nrr where these things are to be located. She continued that on the plan they have selected the Tennis Court locations and the handball/racquet- ball court. Laura Stuurmans stated that there were bid packages ready for that and they would like to proceed with the bidding process. V/M Massaro said that in addition to this, she would like to be sure, and in the future, when anything more is put in this park, there should be a survey and a topo of it, so that the City would not be left with something that will not be usable because the water is draining out or something. She said that nothing more can be planned for this park. She thought that these two items were on a good elevation because they are on the perimeter and those are the high points. V/M Massaro suggested that while the bid process is going on, that the City's consulting engineers be authorized to perform a survey and a topo of this site, so that Council knows exactly what they have left and what the elevations are, and they would know if they have drainage problems, what can or cannot be put there. She added that they would then be working in a responsible manner. Mayor F'alck reiterated that he understood that what they were really interested in today is permission to go out to bid. The City Manager said that really was in essence what they do want. V/M Massaro said she thought that at the same time that the bid process was going on, this survey could be done. She did not want Tennis Courts' installed and then find out that the water lies there. The City Manager said that that item should be placed on the agenda by consent. C/M Disraelly said that if they agendize to go out for bid for the tennis court and the proposed new handball court fencing around the tennis courts should be part of the bid package. C/M Disraelly MOVED that the City Manager be authorized to go to bid for the tennis courts as indicated as item a) and for the handball courts as item b) on the proposed facility and the bid package to include such appropriate fencing as part of the bid package. C/M Disraelly suggested that they get an expert on fencing from Woodmont to make that suggestion about the fencing required. C/M Krantz SECONDED. VOTE: ALL VOTED AYE 46. TAMARAC PARK - SURVEY AND TOPO by Williams, Hatfield. & Stoner - Discussion an possible action. SYNOPSIS OF ACTION: Agendized by Consent APPROVED V/M Massaro MOVED that they Agendize by Consent the authority for the Consulting Engineers to give Council a survey and topo of the recreation site on University Drive. C/M Disraelly SECONDED. VOTE: ALL VOTED AYE V/M Massaro MOVED that Williams, Hatfield & Stoner be authorized to give Council a survey with a topo of the entire site and any recommendations that may be necessary as to drainage improvements, if necessary. C/M Disraelly asked if she meant the entire site. V/M Massaro said that they will make the best judgment; they do not have to give a topo of anything they feel is unnecessary. C/M Disraelly stated that he did not want them to do the entire 10 acres. V/M Massaro said it would be only what is there and she thought they could leave it to the judgment of Williams, Hatfield and Stoner. V/M Massaro added that this was for further improvements. C/M Disraelly SECONDED. VOTE: ALL VOTED AYE -12- 10/13/82 /nrr 35. MARZIONNA HAND DIPPED CHOCOLATES - SIGN WAIVER - Temp. Reso. #2482 - Discussion and possible action to waive the provisions of the sign ordinance pertaining to style of lettering for a facia sign at the Acapulco Restaurant Shopping Center. SYNOPSIS OF ACTION: APPROVED Temp. Reso. #2482 with block style lettering provided color matches existing lettering. RESO. NO. R-82- PASSED. Jon Henning read the Resolution by title. C/M Disraelly pointed out that this had come before the Beautification Committee. He added that it was his understanding that originally these letters were made before it changed to Acapulco Restaurant and at that time the lettering requirements for that area were white block letters, when the other restaurant was there. C/M Disraelly added that when Acapulco came in and the City Council revised the lettering and change in criteria, they made the letter coloring conform with Duff's Plaza. He said that Acapulco then put up letters that matched in color with Duff 's Plaza. C/M Disraelly stated that Mr. Marzionna had already contracted for his letters and they were made, and it would be a hardship on him to throw those letters out and restructure them. He stated that Mr. Marzionna has agreed with the Beautification Committee that the white letters be changed to red to match the color. Mr. Marzionna was the only tenant other than Acapulco in that area. V/M Massaro questioned why he would have a sign made before it was approved. Mr. Marzionna said that his sign was approved by the City and added that at the last hearing, he had brought that up, and they said there must have been some misunderstanding and they said they would try and correct this at the next meeting. V/M Massaro asked if they had a permit for their sign. Mr. Marzionna said he did. Mr. Harry Shlevick, interior decorator who helped set-up the store, said he had gone to the last meeting with Mr. Marzionna and they had told them they had to have red block type lettering. Mr. Shlevick added that they ordered the block type letters and that is what they have. C/M Disraelly said that the question asked by the Vice Mayor was that they had not gotten permission prior to erecting that sign, therefore, they did create the sign before they got permission. C/M Disraelly said that the criteria was for Mexican letters as in the Acapulco sign and the Beautification Committee had been lenient because of the cost of tl.-le lettering. He added that it was now up to the Council to say whether the sign should be scrapped which had cost approximately $525.00, or whether they will allow red block lettering. V/M Massaro said that it sounded to her like a complete misunderstanding, and if the color is the same, she would hate to be that harsh because she could see that it was a lack of communication. C/M Disraelly felt that the only problem would be what criteria would the other tenants meet. V/M Massaro said that they would have to conform with the criteria. C/M Disraelly said that then the bays would have two types of lettering and that would not look good. y.. Mr. Shlevick said that the Mexican lettering was facing Commercial Blvd. and that made the difference. The others are all inside and if they use that same style lettering as Marzionna, they will all be uniform. C/M Disraelly said that was fine, but there was certain established criteria and Council does not want three or four styles of lettering, even though they are all one color. --13- 10/13/82 /nrr Mayor Falck said that in view of the comments made, he would certainly favor permitting the block letters because they want the other fancy lettering for the Acapulco Restaurant as that faced Commercial Boulevard and they were willing to pay for the very expensive lettering. He said he did not think it was fair for others to pay for that kind of fancy lettering as they would be on the side of the building and they would not even show. VIM Massaro said she tended to agree with the Mayor and felt that C/M Disraelly as liaison to the Beautification Ccmnittee, do scene studying bad come back to Council with some sort of recommendation so that Council does not destroy the look of that whole complex in the future. C/M Disraelly MOVED the ADOPTION of Temp. Reso. #2482 permitting them to have block style lettering provided the color matches the color of Acapulco Restaurant. C/M Krantz SECONDED. AL0➢Y2M ALL VOTED AYE 28. NORTHWOOD II - MODEL SALES FACILITY - Discussion and possible action on clarification of a waiver of the 300-foot distance requirement for certificates of occupancy granted on 9/22/82. SYNOPSIS OF ACTION: APPROVED effective to 1/14/83 instead of effective from 1/14/83. C/M Disraelly pointed out that at the meeting of 9/22/82, Northwood iI requested a waiver of the 300-foot distance require- ment, and the motion inadvertently stated, "granting a waiver for 6 months from 1/14/83", instead of 6 months expiring 1/14/83. C/M Disraelly MOVED that the other MOTION be rescinded and that the new MOTION indicates that the waiver of the 300-foot distance require- ment for the CO for the Model Sales Facility be granted for a six month period beginning July 14, 1982 . C/M Krantz SECONDED. VOTE: ALL VOTED AYE 29. VERSAILLES GARDENS - MODEL SALES FACILITY - Discussion and possible action to renew a model sales permit for this project. SYNOPSIS OF ACTION: APPROVED for six months from 10/22/82 waiving the 300--foot distance. VIM Massaro MOVED the APPROVAL of the renewal of sales permit for the six month period from 10/22/82 including the waiver of the 300-foot distance. C/M Disraelly SECONDED. VOTE: ALL VOTED AYE 31. EXECUTIVE CENTER -- Discussion and possible action on: a) Site Plan - Temp. Reso. #2470 b) Landscape Plan c) Water Retention Agreement d) Water & Sewer Developers Agreement e) Acceptance of road right -of --way deed for 40-feet on University Drive - Temp. Reso. #2471 f) Acceptance of 12-foot utility easement - Tem . Reso. #2472 SYNOPSIS OF ACTION: TABLED pending University Drive Service Road Study VIM Massaro asked that this item be TABLED pending the University Drive Service Road Study, because that study has not been completed. She added that they are aware of the fact that it has to be resolved before their plan can be properly addressed. -14- 10/13/82 /nrr C/M Disraelly asked that the City Manager have the City Engineer expedite this as it affected other properties as well. C/M Disraelly SECONDED. 0011112M ALL VOTED AYE 37. TAMARAC PLAZA (southwest corner of Brookwood Boulevard and McNab Road) -- Temp. Reso. #2268 - Discussion and possible action on rescission of parking waiver. SYNOPSIS OF ACTION: TABLED - Letter to be sent by City Attorney Jon Henning read the Resolution by title. C/M Disraelly pointed out that there was a letter from Dick Rubin, dated September 28, 1982, stating that the lights had been put in there, which was one of the problems, the hedges have been put in on McNab Road, but nothing has been done on Brookwood Blvd. and he MOVED that this be TABLED until there is a meeting with Mr. Fatizzi and see if the rest of the work on the memo of Sept. 28 has been done. C/M Disraelly added that a letter be sent by the City Attorney to get this cleaned up so that Council can finally take action on that rescission. C/M Krantz SECONDED. VOTE: ALL VOTED AYE 38. DRAINAGE IMPROVEMENTS IN THE CITY - Discussion and possible action. SYNOPSIS OF ACTION: Report by V/M Massaro V/M Massaro reported to Council that the contractor has started preliminary work in Section 7. They have been taking pictures and preliminary items that are necessary before they start to.actually work. V/M Massaro added that the work on the three canals that have to be dug by F & R Builders out in Section 24, according to the stipulation, has commenced,and that will help tremendously in the drainage system and Laura Stuurmans was cognizant of the effect that it has had on the City's entire canal system. She added that Laura had mentioned to her that with this heavy rain that we have been having, at one time when it raised the level of the canal equal to the elevation of the road, within a half hour the water level came down. She added that previously, when there was an elevation that was equal to the height of the road, it took days for the water level to come down, because it had no where to go. V/M Massaro said that now with all this additional retention, within half an hour the canal dropped to its normal level. Mayor Falck said he was surprised last Friday when he was going to Sarasota by way of Alligator Alley, that there was an awful lot of water just standing in the Everglades. He added that water was up to the road in many of the areas as he was traveling north and he was shocked as that road was very high in many areas. V/M Massaro said again that she had looked at the areas that C/M Disraelly had asked her to look at, and it was just not the right time and she will still follow through and catch it when the water level was high. -15- 10/13/82 /nrr 43. EXPENDING MONIES FROM DRAINAGE FUND for installation of pipe at Lagos de Campo and catch basin at 79th Avenue and 57th Street - Discussion and possible action. SYNOPSIS OF ACTION: Alendized by Consent (See Page 2) APPROVED V/M Massaro said that they anticipate in this instance, that there might be as much as 200 feet of aluminum corrugated pipe needed and she is inclined to think that part of the pipe that they are including in that 200 feet is also coin; to be used or. 79th Avenue and 57th Street. She added t.rw+t on. 57th Street and 79th A.venne, at the Century Bank, on the southeast corner of 57th Street, every time it rains, there is heav1, flooding in that one corner. V/M Massaro pointed out that there were three catch basins on that particular intersection and the other corners never flood, so what they want to do is put a catch basin in on that southeast corner and tie it in with a culvert with a 15 inch pipe, to one of the other catch basins, so that the water will_ have somPpl.ac-e to go. V/M Massaro added that they were installing the pipes on Lagos de Campo where the bus stop is in front of the Sandpebbles across from Canongate. The City Manager clarified that what they were looking for was permission to expend from the Drainage Improvement Fund monies. V/M Massaro MOVED that authorization be given for the necessary material for the Lagos deCampo and 79th Avenue and 57th Street corrective work and it should come to approximately $1,632.40 from the Drainage Improve- ment Fund. C/M Disraelly SECONDED. VOTE: ALL VOTED AYE 42. TAMARAC UTILITIES WEST-Fu1E=CY REPAIRS TO SURGE TANK- Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent (See Page 1) APPROVED Laura Stuurmans said that this was for two portions of a three part job to remedy the walkway and the pipe headers across the surge tank which needs to be done immediately for the safety of City Personnel and their maintenance routine. She added that the City Engineer has receivedthree different quotes on the painting and sandblasting of the metal work. She stated that the low bid was $3,900 and Blast Air, Inc. is being re- ccmnended for the work. She said that the metal work which will be done almost concurrently with the blasting and painting is going to the City's normal vendor for this type of effort, Hamilton Machine at $30 an hour for labor and while he cannot specify an exact amount, he does not anticipate that it will exceed $3,400 for the metal work. Laura Stuurmans continued that the City does have a renewal and replace- ment certificate from Williams, Hatfield & Stoner for expenditures to be made against that account, Utilities West,for this purpose. C/M Disraelly wanted it in the record this was. an extreme emergency and did approval before going to bid, and now going to bid. that the City Engineer felt. -that not want to wait for Council's he wanted Council to approve his C/M Disraelly added that based on those recommendations and the letter from Williams, Hatfield & Stoner giving the City renewal and replacement certificate he would MOVE the APPROVAL of the work to be done by Blast Air Inc. according to their letter of 10/6 in the amount of $3,900 and the other work for time and material, to repair and replace the handrails, etc.,by Hamilton Machine at a price of $30 an hour, not to exceed $3,400 for metal work. C/M Krantz SECONDED. ALL VOTED AYE -16- 10/13/82 44. SOUTHGATE GARDENS EAST/MISSION LAKES - REFUND PORTION OF PARKS AND RECREATION FEES ($'2',910) - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent on Page 2 (See Page 35) r V/M Massaro said this check for $2,910 was given to her by Mr. Toll in order to meet the obligation on the Park & Recreation fee, plus the obligation for the $5,000 bond. V/M Massaro added that they had learned later from Finance, and they rechecked it on their records, and they found that they had paid a duplicate payment of $3,800 for the park fees on Mission Lakes. She said that he had given this check of $2910 to balance everything out and he simply asked that that check be returned, inasmuch as he did not owe it. V/M Massaro said it was put in the bank even though it was pre- dated; she failed to mention to Finance that the check had been predated untiltoday. She said she was simply asking that it be approved that the money be refunded to him and she so MOVED. C/M Disraelly pointed out that in Mr. Toll's letter it stated that he expects Tract 59 to record sometime during the week of October 4th, he assigned said bond for the foregoing purpose. He said he would like to suggest to Council that the City keep the $2,910 and make any refunds to him out of the $5,000 bond. V/M Massaro said they were still going to have a refund besidGs that. C/M Disraelly asked why the City could not keep this and increase the amount of the refund that goes back to him afterwards. V/M Massaro said then the City would be holding his money needlessly. C/M Disraelly said he thought that Mr. Toll owed some money. V/M Massaro said he had paid everything he owed. C/M Disraelly said that when he had spoken to Sheila today, she indicated that he owed $4,300. V/M Massaro said that he hopes to have the folio numbers', hopefully todalr. She added that it was supposed to be agendized. f Mayor Falck suggest that they keep this for the afternoon, and put it all together. 2. DISABLED AMEBIC AN VETERANS - Presentation by Mayor Falck of a procla- mation designating the month of October, 1982, as "DAV Handicapped Parking Awareness Month". SYNOPSIS OF ACTION: C/M Disraelly to present proclamation to Mr. Landsman. Mayor Falck read the Proclamation into the record. Mayor Falck said that C/M Disraelly would see that this was turned over to Mr. Landsman designating October 1982 as "DAV Handicapped Parking Awareness Month. 45. PARKING FEE - EAST PARKING LOT - Discussion and Possible action. SYNOPSIS OF ACTION: Agendized by consent (See Page 2 ) City Manager authorized to handle refund and removed from the agenda. The City Manager informed Council that there was an '.individual owner at the East Parking Lot who paid for a one'year period of time for the lot. She added that they had vacated their slot on August 31 and will not be returning; they have requested a 5 month refund of their parking fees. She said that this was a total of"P62.50. She has authorization to make a refund of $50.00 but because it -was $12.50 over, and she needed to bring this to Council for approval. C/M Disraelly said that he should be charged at $15.00 a month for the seven months and the refund would be only $45..00 which the City Manager could authorize without Council. -17- 10/13/82 /nrr C/M Disraelly MOVED that Item #45 be handled by the City Manager and be removed from the Agenda. C/M Krantz SECONDED. VOTE: ALL VOTED AYE Meeting Recessed at 12:00 Noon to 1:30 P.M. -18- 10/13/82 /nrr Tape MEETING WAS CALLED TO ORDER AT 1:30 P.M., ROLL CALL TAKEN, AND ALL 4 PRESENT. 24. Medical Arts Building (Drs. Baker & Levine) - Discussion and possible action on: a) Request for refund of the following fees: (1) Engineering fees (2) Water & Sewer contribution charges (3) Drainage improvements (4) Drainage retention b) Request for cancellation of the Water & Sewer Developers Agreement. SYNOPSIS OF ACTION:a)(1) APPROVED refund of $1,784.51,(2)DENIED refund of $1,875 (3)APPROVED refund ,(4)APPROVED refund of $1,205.23 and City Attorney will research this to be sure it has not been recorded. b) DENIED a) (1) Engineering fees - V/M Massaro said this is a refundable item and she MOVED that the $1,784.51 be refunded, SECONDED by C/M Disraelly. C/M Disraelly said the permit was never taken on this item. VOTE: ALL VOTED AYE (2) Water & Sewer Contribution Charges - V/M Massaro said this is not a refundable item and she MOVED that the fee of $1,875 not be refunded, SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE (3) Drainage Improvements - V/M Massaro said the next person who comes to develop this land will have to pay this and she MOVED to refund this money, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE (4) Drainage Retention - V/M Massaro MOVED that $1,205.23 be refunded, SECONDED by C/M Disraelly. Jon Henning said he tried to determine if this has been recorded but has not as yet and V/M Massaro said she wanted to add to the MOTION that the City Attorney research this to be sure that this has not been recorded. She said if it has not been recorded,the money should be refunded. VOTE: ALL VOTED AYE b) V/M Massaro said,in view of the Motion that she made regarding the contribution charges, she MOVED that the request for cancellation of the Water & Sewer Developers Agreement be DENIED. SECONDED by C/M Disraelly who added that the payments of the guaranteed revenues will have to continue. VOTE: ALL VOTED AYE 22. Rosen-Allegretti Parcel - Bond Release - Temp. Reso. #2476 - Discussion and possible action to release a warranty bond posted for installation of a left turn lane at 6500 N. University Drive. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-_&2?-g g(6 PASSED. Temp. Reso. #2476 releasing the warranty bond. Jon Henning read the Resolution by title. V/M Massaro MOVED that Tem. Reso. #2476 be APPROVED, SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE - 19 - 10/13/82 /pm 19. Woodmont Tract 57 - Warranty Bond - Temp. Reso. #2480 - Dis- cussion and possible action to call a warranty bond posted for public improvements. SYNOPSIS OF ACTION: See (Page 34) The City Manager said she would have it checked by the Engineering Department to see if they might have received this in the mail today. She said they can talk with Mr. Epple and get word to Council. 10. Broward League of Cities - Discussion and possible action. SYNOPSIS OF ACTION: Report by C/M Disraelly. C/M Disraelly said the only information he received from the Broward League this week was the minutes of the Membership Meeting on 8/19/82 and the minutes of the Membership Meeting of 9/16/82. He said all members of Council were present at the 9/16/82 meeting and Mayor Falck gave Council a report of the 8/19/82 meeting. He said the items that were discussed were the Road and Bridge Tax Fund Challenge, the County Liaison Group Meeting, the State Legislative Committee, the fact that there will be no meeting in October, the One Cent Sales Tax Distribution and the Dinner Program. C/M Disraelly said the only other item that might fall in that category would be the Northwest Mayors Council, which he attended in Mayor Falck's absence. He said at that meeting Coconut Creek brought up the matter of Public Safety Departments and there was a motion made that the Fire Chiefs of the various cities discuss the problem with mutual aid together with City Managers from Margate, Coconut Creek and Coral Springs. C/M Disraelly said another item of discussion was the land fill site, concerning Site "H" which the Council debated this morning on that Resolution which was passed. He said the balance of the meeting was a discussion by Colonel Werter of the Sheriff's Department concerning patrols. C/M Kravitz said he has requested copies of correspondence and minutes several times and C/M Disraelly said he has supplied these in the past and will continue to do so. C/M Disraelly said that, during the morning meeting of Council, a Resolution APPROVING the Eleven Month/One Penny Sales Tax opposing the referendum regarding the passage of such a tax and the expenditures of the revenues to be earned therefrom. He read Temp. Reso. #2461 into the record. Mayor Falck said that at the suggestion of V/M Massaro, they included in the Motion adopting the Resolution opposing the additional sales tax, a proposal to place an ad in the Sunday issue of the Neighbors preceeding the election, which is November 2, that would tell the people of the City that the Council is opposed and suggest that they vote 'no'in their own best interests. 39. City Council Reports C/M Krantz said he has been in touch with the Tamarac Elementary School and they are very much interested in getting an access road to relieve the tremendous amount of traffic that occurs when the children arrive and leave the school. He said the chances are good that the City will get an access road from 78th Street going to the back of the school. He said the PIC has five different projects for an award contest and they hope to win an award on the audio/visual presentation that the PIC has done in the last two years. - 20 - 10/13/82 /pm C/M Kravitz said he would like the many residents present to go back to their respective communities and report that the City does have a Welcoming Committee for new residents to become acquainted with the Council and City Hall. C/M Disraelly said in the next 6 or 8 months they hope there will be a Stop light instituted and erected at the entrance to University Hospital in order to enable people to enter and leave this location more easily. He said the City hopes to go to the State and have the required engi- neerinq done as soon as possible. V/M Massaro said the traffic light at 64th and 57th Street is supposed to be installed today and at Lagos de Campo and McNab Blvd. they have been told that traffic light could go in within one month. Mayor Falck said Council authorized him to attend the conference in Clearwater from October 9 to yesterday on the Area Agency on Aging and included east of the Mississippi. He said many of the things discussed were involved in workshop sessions and since so many of Tamarac's people qualify as senior citizens, it gave him an opportunity to bring back information which he feels will be a benefit to everyone. He said, for instance, things the City may do to help with the Social Security Program which will be up for discussion in early November. He thanked Council for their assistance with his work while he was away. PUBLIC HEARINGS 11. The Horn & Hardart_ Company Special Exception - ption Petiion25-Z-82 - �al Temp..Reso. # 463 Discussion and possible to grant a �^ special exception to allow a restaurant in a B-1 (Neighborhood Business) zoning district on lands located on the north side of Commercial Boulevard, adjacent to Riverside Memorial Chapel and extending westard for 300-feet toward NW 70 Avenue. 2. The Horn & Hard art Company - Special Exception Petition #26-Z-82 - Temp. Reso. #2464 - Discussion and possible action to grant a� special exception to allow an indoor amusement center in conjunction with a proposed restaurant in a B-1 (Neighborhood Business) zoning district on lands located on the north side of Commercial Boulevard, adjacent to Riverside Memorial Chapel and extending westward for 300-feet toward NW 70 Avenue. 13. The Horn & Hardart Company - Special ExCel2tion Petition #27-Z-82 - Temp. Reso. #2465 - Discussion and possible action to grant a special exception to allow on -premises consumption of alcoholic beverages (beer and wine) in conjunction with a proposed restaurant in a B-1 (Neighborhood Business) zoning district on lands located on the north side of Commercial Boulevard, adjacent to Riverside Memorial Chapel and extending westward for 300-feet toward NW 70 Avenue. SYNOPSIS OF ACTION: Request for withdrawal acknowledged by the Council. Mayor Falck read the stipulation on the agenda which stated that"The applicant has requsted that Items 11, 12 and 13 be postponed to a f;ature meeting. If this request is granted, these items will be readvertised". Mayor Falck said since this request was submitted, he suggested they concede to his wishes and not hold a public hearing on these items. C/M Disraelly read the applicant's letter, dated 10/6/82, addressed to the City Clerk into the record. C/M Disraelly MOVED that there will be no hearing since, as indicated on the agenda, the applicant has requested Items 11, 12 and 13 be postponed to a future meeting and this request is granted. These items will be readvertised. SECONDED by C/M Krantz. - 21 - 10/13/82 /Pm �J W Jon Henning said that this petition has been withdrawn and there is nothing for Council to act on. VOTE: C/M Krantz Aye C/M Kravitz Nay C/M Disraelly Aye V/M Massaro Aye Mayor Falck Aye Sam Albano said he learned about this through the newspaper and he said he never saw a copy of the agenda until today and Muriel Davis, member of the Charter Board, said that every President of every section gets a copy of the newsletter and agenda for each meeting. She said if any individual wants a copy, they can subscribe to it for $20 per year. Lee Harrick, member at large of the Tamarac Presidents Council, said that several people here have postponed other appointments and would like to be heard. Richard Ash, resident of Section 10, said that Council could vote that at no time will this be allowed in'the City anywhere. A five minute recess was called by Mayor Falck. 14. Deli Tyme Restaurant - S ecial Exception Petition #29-Z-82 - Tem . Reso. #2466 - Discussion and possible action to grant a special exception to allow on -premises consumption of beer and wine in a B-2 (Planned Business) zoning district at McNab Plaza North, 7130 N. University Drive. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R PASSED. Temp. Reso. #2466 with conditions. Jon Henning read the Resolution by title. Richard Rubin said this application was reviewed by Council several months ago to request approval to place a restaurant in Sheppard Plaza. He said this was approved by the Council and this application is to permit beer and wine to be served. Mayor Falck opened and closed the public hearing and C/M Krantz asked if the wording could be changed to read "Sheppard Plaza". Richard Rubin said the application is for Deli Tyme Restaurant to be located in Sheppard Plaza but the plat is called "McNab Plaza North". C/M Disraelly MOVED that the petition of Deli Tyme Restaurant be APPROVED subject to no later than 2:00 a.m. local time,beer and wine to be served with food and that there be no transfer of this license to any other individual or any other location. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 15. Woodmont Square - Rezoning Petition #24-Z-82 - Temp. Ord. #1003 Discussion and possible action to rezone lands on the west side of NW 88 Avenue, extending southward from the Tamarac Fire Station approximately 528-feet, from R-3 (Low Density Multiple Residential) to B-2 (Planned Business). Second Reading. a) Acceptance of Affidavit of Publication and Affidavit of Posting. b) Consideration of application. SYNOPSIS OF ACTION: Public Hearing held and will be continued to a future meeting. Mayor Falck explained that in fairness to all present, he would read into the record two communications, the first dated 10/7/82 addressed to the City Council (See Attachment 1) and the second dated 10/12/82 (See Attachment 2). -- 22 - 10/13/82 /pm Mayor Falck said he would suggest that the public hearing be held on this item and that Council defer action until the next meeting to allow everyone an opportunity to state their feelings on this. Tape Ray Munitz asked Council when the people who are not in attendance 5 would have an opportunity to speak on this subject and Mayor Falck said he would defer the public hearing so that those individuals could be heard. Sydney Stein, on behalf of Woodmont Property Owners Association, said he is the father of Melvyn Stein, the author of the letters that were written to Council and as far as he knows, no one except the Woodmont Property Owners. Association asked for the adjournment. He said most of these property owners are present and about 200 were sent home for lack of space. He asked that Council please have the hearing as stated and have Council vote and not adjourn the Council vote at this time. Jeffrey Mombach, representing Toll Development, said in response to Mr. Stein, the letter from Mr. Stein dated 10/12/82 has not been disseminated. He said about one half hour ago he spoke with the attorneys for Leadership Housing, Inc., who are the owners of the property, who knew that the letter was delivered on Monday and who felt that a postponement would occur and they are not in attendance today and they have every right to speak to the Council. Mr. Mombach requested that the decision be deferred. C/M Krantz said there are people present from many sections of Tamarac that are directly involved with this project and their leaders are present and he questioned what would be gained by postponing this. Jon Henning said,as Mr. Mombach pointed out, receiving a letter from a fellow attorney requesting this at such a late moment, is putting Council in a precarious position. Mr. Henning said Council has very generously suggested allowing many people to be heard, to recess the public hearing to the next meeting so that additional people could be heard and also so that the City Council could be better prepared to respond to the issues and vote appropriately on all these questions that have arisen. Jon Henning said there are stipulations that are required for this that are still in the process of being prepared and C/M Disraelly said that because of this, Council would not be in a position to vote on this item in any event. C/M Kravitz said this has had many discussions and he does not see any reason for postponement. V/M Massaro said it has been the policy of this Council, to respect a request from an attorney particularly if the attorney is representative of the people. She said, at that point, all negotiations regarding this project were stopped because in all probability this was going to be tabled to give their attorney the opportunity to research the various stipulations, of which there are many. She said, furthermore, the City has not gotten a legal opinion from the City Attorney because of this same letter of 10/7/82. She said this matter is of vital importance, not only to Tract 44, but it affects all undeveloped land in land sections 4, 5, 6 and 7. She said unless this is handled properly and legally, the people stand to suffer damage to this City. Sam Robbins, resident of Woodmont, asked if Council receives a request for postponement of an item on the agenda, how does the Council vote on this request to postpone or is it automatically done? C/M Krantz said if the person who sends that request in is directly involved, he can withdraw it but when there is a third party then it should have more standing and deserves a vote. V/M Massaro said, when they receive communication like this, a copy is sent to every member of Council, the City Clerk, the City Attorney, the City Manager, and everyone involved. She said it has been the policy throughout the past ten years that when an attorney sends in a letter representing a group of people, the City honors their request. She said the Council automatically takes it for granted that this is going to be - 23 -- 10/13/82 /pm tabled and the request is going to be granted. C/M Disraelly said any item that is on the agenda has to have a motion to handle it, either to approve or deny,with or without conditions,or to table. Harold H. Newman, resident of Westwood 23, suggested they continue with this item and vote on it at this meeting. Mayor Falck asked that Council make a determination as to whether they want to have the public hearing held in its entirety today following which the Council will take a vote,or. Council can take a vote on whether or not to have the public hearing continued beyond today with the ultimate vote being taken at the next regular meeting. C/M Kravitz MOVED that they continue with the public hearing at this meeting and take a vote as proposed in the pre -agenda meeting and bring it to.a conclusion on a vote. SECONDED by C/M Krantz. ........ ........ C/M Disraelly said, if Council follows that route and if the Motion is to approve the rezoning, there are no papers concerning the stipulation. He said there is nothing to protect the City and the first reading said "the City Council APPROVED subject request for rezoning, subject to receipt of an agreement and stipulation as to the conditions under which this could be built prior to the second reading of this Ordinance". He said the City has not received this agreement or stipulation and based on this, he MOVED to TABLE until this information is received. C/M Kravitz said should this be voted --on then the Motion to Table could be made,but if this is Approved, it can be subject to whatever stipulations are required. C/M Disraelly asked Jon Henning if Council can legally continue with C/M Kravitz's Motion based on the first reading. Mr. Henning said they have received a draft of the stipulation from the petitioner and he has recommendations and suggestions to make on that which have not been distributed to Council and if Council wants to act on this proposed stipulation that is their right. C/M Disraelly's MOTION to TABLE died for lack of a SECOND and Mayor Falck called the question on C/M Kravitz's MOTION which said that they continue with the public hearing at this meeting and take a vote as proposed in the pre -agenda meeting and bring it to a conclusion on a vote. SECONDED by C/M Krantz. VOTE: C/M Krantz Aye C/M Kravitz Aye C/M Disraelly Aye V/M Massaro Nay Mayor Falck Nay Mayor Falck said the public hearing will continue. b) Jon Henning read the ordinance__ by title. Jeffrey Mombach said on behalf of his client he would like to withdraw the petition for rezoning with the request that they have the right to speak with Judge Weissing and have him review his orders and stipulations in the case to get a clarification in this matter with respect to the proper zoning for the property. Jon Henning said the petitioner making his request now puts Council in a similar posture as they were before and the petitioner does have the right to make that request of Council to withdraw. C/M Kravitz asked the petitioner if this is a permanent withdrawal or postponing this until they receive more information, because, if it is, it is the same as tabling which was just voted down. Mayor Falck called a five minute recess so that the petitioner could finalize matters further. Jeffrey Mombach said he spoke with his client and, within 3 to 4 days after the last Council meeting they presented a draft of what they thought would be a good stipulation at a meeting with Mr. Henning and Mr. Toll and Mr. Eden. He said there were changes to be made and they thought they presented a reasonable use for this piece of property and could be utilized for commercial use. He said they attempted to give - 24 - 10/13/82 /pm various buffers and landscaping and put residential on the property and thought that the plan would be best for the City of Tamarac. He said their plan is more restrictive than what they feel is permitted under Judge Weissing's order and, in the event they cannot persuade Council that it is a good plan, they will have no choice but to go to Judge Weissing and utilize the property in the way that the original court order permitted them to. He said he would like Council to reconsider tabling this motion for another week or two so that he can speak with his client and get Leadership Housing and their attorneys here and present their final plan to the City. C/M Kravitz said, if he understands the attorney properly, he has said he is not permanently withdrawing but, subject to certain decisions and; therefore, he would like to state that he feels this is wrong because this was already taken up in the form of a motion and he said there is a motion on the floor to continue the public hearing and to continue a vote and he so MOVED. Jeffrey Mombach said if he withdraws,there is not temporary,conditional permanent, etc. He said he is withdrawing his petition for rezoning of this property and under state statutes and Tamarac's Ordinances he can come back various other times to repetition for residential, commercial, or whatever. C/M Disraelly MOVED to RECONSIDER, SECONDED by V/M Massaro. Tape VOTE: C/M Krantz Nay 6 C/M Kravitz Nay C/M Disraelly Aye V/M Massaro Aye Mayor Falck Aye C/M Disraelly said the City Attorney has indicated that he has the stipulations that are required but Council has not seen them and they should have and he would like to see this stipulation when the City Attorney is finished working on it. He said only in order to have some additional time to look at something that should be reviewed further, he MOVED that it will be continued after the public hearing so that everyone will be invited back to hear what the final judgment will be,which will not be made today. SECONDED by V/M Massaro. C/M Kravitz asked for clarification of the Motion and Mayor Falck said C/M Disraelly made a MOTION that the public hearing proceed and at the conclusion of the public hearing today, they would designate a future time for Council to act and, at that time, the public hearing would be reopened before action is taken. Mr. Newman asked who the petitioner is, Gene Toll or Leadership? Mr. Mombach said Gene Toll has entered into a contract with Leadership; Mr. Toll does not own the property, Leadership does. He said Mr. Toll has a vested stake in this and Leadership has a vested stake in this. Mr. Robbins asked who has the right to petition for rezoning in the City, an owner or a party of interest? Mr. Mombach said Mr. Rubin gave him the original entitled Rezoning and Special Exception Application dated 8/3/82, which was executed by Mario C. Mammel, President o Leadership Housing, Inc. Mr. Stein said, if Leadership is, in fact, the owner and the petition is signed by Leadership, unless Mr. Toll has a contract which is in evidence, he stands in no better position than any resident. Mr. Stein asked if the City Attorney has ever seen a contract between Leadership and Mr. Toll and. Mr. Henning said he has a notarized statement from Toll Development that they are the contract vendee and that is the procedure that the City has been acting on. Bernard Hart, resident of Section 16,said he feels it is very important that Council take the stand today so that the City Attorney can have something to go before Judge Weissing with in defense of any action they take. 25 _ 10/13/82 /pm Mayor Falck called the question on the MOTION that the public hearing would be held, would be recessed at the conclusion of the public hearing and Council would defer action to a future date at which time the public hearing would be reconvened. VOTE: C/M Krantz Nay C/M Kravitz Nay C/M Disraelly Aye V/M Massaro Aye Mayor Falck Aye Mayor Falck said the public hearing will continue. Carl Alper said the petitioner before the Planning Commission was not Leadership Housing but Toll Development. Mayor Falck said he is not going to conduct a public hearing on the mechanics but rather on the merits or demerits of the project. C/M Disraelly repeated that they have not seen the stipulation and he feels they cannot have this public hearing until the conditions of the first reading are completed. He said the Motion at the first reading was the receipt of an agreement and stipulation and until they have this agreement and stipulation,Council does not know what is before them. C/M Disraelly said in a case of this sort, this was advertised before the meeting and the ad goes into the paper about ten days before the meeting. He said in other circumstances, when all the material has not been before Council, they cannot stop the advertising since it has already appeared, and they cannot stop the public hearing because it has been advertised. He said he suggested not tabling the public hearing but to continue the public hearing and recess it because Council does not have the material that was promised for this meeting. Lou Vladim, resident, said if the people do not want a shopping center, what difference does it make what stipulations there are to any agreement? Morris Silver, resident of Section 22, said Mr. Toll, sent a questionaire to the residents several months ago asking residents what they would like but there was no mention of a shopping center. Mona Wolkoff, resident of Westwood Section 2, requested that Council be prepared when there is a meeting on a specific item. Seymour Wildman, resident of Woodmont, said he feels the only question is one of two things, are they going to rezone this for commercial property or are they going to have it for housing as it stipulates now? V/M Massaro said the City is under court order and they need time to determine how they stand under this order before the City can give any privilege because if the City violates the court order the City stands to have all of the land in Sections 4, 5 and 6 that is undeveloped destroyed because it would revert to what was the law in 1972 under County regulations. She said it takes time to make a firm determination to see what rights the City has. She said the City has been in court over this and they lost and, consequently, when they went with the Bishop tract they had many months of negotiations because they did not dare take a chance of going back into court with it. V/M Massaro said the residents may not believe it but the City may have something terrible to live with if the City does what the residents want without making every effort to study this. She said they are only trying to protect the City. She said Stipulation 3 addresses only the person that was involved in Stipulation 3, no one else. She said the City has a right to enter into Stipulations with anyone who does not already have a court order. She said they have been trying to do this and preserve what they have in Tamarac now. She said with 1972 standards of the County, the residents would have no rights. She said the Council is trying to protect the people and they are trying to do what the residents want but they want to be sure that in protecting the residents they do not destroy the rest of the City. - 26 - 10/13/82 /pm Monroe Weiss, resident of Woodmont, said that on a map attached to Stipulation 3 it clearly shows that the tract is R3. Mayor Falck closed the public hearing for the moment and said it will be reopened when this matter is presented to the Council and he said it will be advertised properly. Gene Toll said he would readvertise this at his expense. 26. Exxon Service Station - (Southeast corner of University Drive & Southgate Boulevard) - Discussion and review bf preliminary site plan and landscape plan. SYNOPSIS OF ACTION: No action required. Richard Rubin said when Council reviewed the special exception for the Exxon station several months ago, there was a question on how the driveways would enter onto Southgate Boulevard, would there be one or two driveways. He said after a period of two or three months working with the engineers, there has been a final decision on the layout of those driveways. V/M Massaro pointed out to Council that this preliminary site plan review still hinges on whether or not the City is granting them the special exception they requested. She said this is subject to anything Council might require today. C/M Disraelly noted that this is not a final site plan and the City Planner said the staff has been directed by Council not to proceed with any final plans on the project until Council has had an opportunity to review the preliminary site plan. Richard Rubin said there are several minor items that he brought to Council's attention. He said staff endorsed the design of the driveways on Southgate and they feel the applicant came up with an acceptable solution to hide the garage doors from the road and to shield them by a buffer. He said there are two driveways, one going in at the west end and one going out at the east end of the property. He said C/M Disraelly pointed out that in order to permit a true one-way pair of drives, there is a need to extend the driveway curbing. Mr. Rubin said he has discussed this with the applicant and they have agreed to make the change which will be placed in the record today. He said another item discussed with them is that they did submit a landscape plan with two rows of trees requested by Council along the east property line and the applicant realizes a need to add more color and a permanent type of hedge such as crotons and hibiscus along the roadways. He said the the applicant will indicate this today. Wayne Zufelt, representing Exxon, said when they came before Council for special exception there was more than one drawing prepared and this was discussed in detail with Council members on many occasions and what is on this drawing is a reflection of the results of those meetings. He said this creates an inbound and an outbound movement on Southgate which would minimize any deficiency in eastbound traffic flow and is a good ingress and egress to that site from Southgate. Mr. Zufelt said, in addition to that, there were 12 or 13 conditions with the special exception that have been addressed. V/M Massaro said she is not happy with the beautification and she would suggest the beautification be subject to the approval of the City Planner. She said if the applicant felt they were being imposed upon too heavily at the time they come for approval, they could come back to Tape Council for consideration. She said the second thing that she would 7 ask Council to require here concerns the fact that the City has a severe problem at 61st Stand the City must spend a great deal of money at .. ........ some future time on road work because they must straighten out the two sides of 61st St. She said the City is in the process of trying to get land dedication on the west side and the church has already indicated that they are willing to give the City the 27 - 10/13/82 /pm dedication on the east side but there will be extensive work needed and a vast sum of money will be needed to do this. V/M Massaro said a traffic light is a must there and, hopefully, they can have this up before there is a tragic accident. She said the City is asking every plan that comes in for certain sums of money,depending on the project, to assist the City in funding this program which needs to be undertaken very soon. She said she has asked that they have a minimum of $20,000 from Exxon on this site for that particular work and earmarked only for that. She said she had some indication that this might be a little heavy and she said she would insist that it be a minimum of $15,000 if Council agrees. C/M Disraelly asked about the access road and Mr. Rubin said when the plan was prepared they thought it was right, however, in the last week the City Engineer has found a need to come up with the final design of the access road for the entire 3/4 mile. Mr. Rubin said since this is only a preliminary review and not final, and_ -_once Council adoptsn. .—the c.o.- cept for the. _entire length_of the service road, this development would be required to conform. C/M Disraelly asked Mr. Rubin if there will be a hedge on Southgate and Mr. Rubin said the Ordinance states that when a berm is placed there is no need for hedges, however, when a berm is lower than 30" a hedge would be required. V/M Massaro said a hedge does not stand up usually and some colorful planting should be against the wall on the east boundary. Mr. Zufelt said it was conveyed to the petitioner that Mr. Rubin will relate to material to be utilized to help beautify this plant and he asked if Mr. Rubin would be the person to specify species of plants and locations of plants. C/M Disraelly said he is calling it to Mr. Rubin's attention that this is an additional item to be put in there. V/M Massaro said she was sure that Mr. Rubin would be consulting with C/M Disraelly since he is the liaison to the Beautification Committee. V/M Massaro said she would like to hear from Council, while they are still on the special exception, concerning the request for the contri- bution for the traffic light and road work that has been requested. She said in order to help them, if they would like to move forward on this, they have the right to do so but would have no vested rights and they would have to sign a statement to that effect before they could move on to the Planning Commission or anywhere else. She said, until such time as they make a firm commitment this special exception will be granted, if not, the special exception is not granted. Sam Allison, representative of Exxon, said he found out about the request late yesterday and has not had an opportunity to assess this and he said he is not in a position to state one way or the other on this. He said he is uncertain where the road is that is being discussed on their property and V/M Massaro answered it is 61st and University Dr. Mr. Allison said it is located 16 blocks south and V/M Massaro said any impact on University Dr. affects it because it is adding to an already dangerous situation. She said they are asking anyone who is near it to help because everyone cuts through there and this should be a minimum of $15,000. Mr. Allison asked the possible consequences of agreeing to pay $15,000 or deciding they are unable and V/M Massaro said the Council would have to reconsider the special exception. C/M Disraelly said they have received the preliminary site plan and the landscape plan and that Mr. Allison will give a response to the Council regarding the suggestion made by V/M Massaro. Mr. Allison asked if Exxon is able to participate in this, would they automatically move and Mayor Falck said it would have to come back to the Council. Mr. Zufelt asked if they could proceed from site plan subject to the fact that if they than everything is no longer completed and again. V/M Massaro said they should go to him a letter to that effect. this point to the final do not bring in the check they must come before Council the City Attorney and give 10/13/82 /pm L Mr. Allison said that based on a previous staff review on the same plans that the City Engineer recommended that they extend a 1" water line down the north end of their property and dead end it at the end of the property and they have no use for this themselves. V/M Massaro said if the City Engineer asks for this than it is necessary and Council will ask for it for approval. 33. Southgate Gardens East/Mission Lakes - Discussion and possible action on: r a) Release of performance bond posted to guarantee installation of public improvements upon receipt of a one-year warranty bond - Tem Reso. #2434 (tabled from 9/22/82). b) Revised site plan for the addition of a recreation building and pool - Temp. Reso. #2467. SYNOPSIS OF ACTION: a) APPROVED RESOLUTION NO. R--PASSED. Temp. Reso. #2434,Mr. Toll agreed RESOLUTION NO. R- a7-a?�j',� PASSED. to put trees in parking lot, b) APPROVED Temp. Reso. #2467. a) Jon Henning read the Resolution by title and V/M Massaro MOVED that Temp. Reso. #2434 be APPROVED, SECONDED by C/M Krantz. Gene Toll agreed to put the trees in the parking lot within a reasonable length of time. VOTE: ALL VOTED AYE b) Jon Henning read the Resolution by title. Mr. Toll presented a check in the amount of $3,455.54 for 2-1/2 erc's that are needed for the water and sewer connection there and $955.54 of which is the interest payment due from the agreement that Mr. Toll had entered into with the City where a formula was set up whereby he would be, with each take -down of ERC's picking up the interest to that point in time at 150%. V/M'`Ma8saro said each time Mr. Toll takes a building permit down he has to pay, according to the formula, 150% on the ERC's in order to make up the difference of the arrears of the interest payments. Richard Rubin said there is 1,080 square feet of internal meeting area which exceeds the minimum requirement. V/M Massaro MOVED to APPROVE the revised site plan for the recreation building as per Temp. Reso. #2467, SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE 23. Mainlands Center - Discussion and possible action on a request for refund of engineering fees for on -site and off -site improvements. SYNOPSIS OF ACTION: The City Engineer will recompute the cost of the seawall of 180' at the unit price of $75 a foot and refund to Mainlands Center the fee that would be involved in reducing it from $150 to $75. V/M Massaro said this concerns fees in the Engineering Department and the City has never refunded any fees. She said the estimated costs came in and they have to have certified costs in case it exceeds the estimated cost and she would like to have time to research this further. Jon Henning said he examined the certified costs and the estimates and calculated the differences and the City Engineer said there had been a refund to F & R and he was not aware there was a problem if the certified costs were below the estimated costs. lie said the fees were paid on the estimates. MEMO= 10/13/82 /Pm Nick Cassis, owner of Mainlancb Center, said the main difference was the seawall but there were a few minor expenses. Mr. Cassis said it cost them almost $70 per foot and they paid at the rate of $150 per foot so there is a difference of $12,500 in cost and the fees on $12,500 plus a few other minor items. V/M Massaro asked if it would be a hardship if this item were tabled in order to reconsider this and Mr. Cassis asked if he would have to reappear. Mr. Cassis said when he appeared before Council at the end of July he had brought an architect with him who had the copies of the cost estimates that he had done with Mr. Keating and Mr. Barbuto. He said they came in with a cost estimate of $110 per foot and Mr. Barbuto agreed with that and Mr. Keating changed this to $150 per foot. Mr. Henning said there are four items where the estimates were above the certified cost: Paving_ and Drainage - estimated $22,635, over -estimated $1,242. Sidewalks, slabs - estimated $722, overestimated $54 Public off -site - estimated $386, overestimated $25 V/M Massaro said this is something they have not done in the past and they would be setting a precedent and she would be satisfied with basing it at $75 a foot and refund the difference to Mr. Cassis. C/M Disraelly MOVED that the City Engineer recompute the cost of the seawall of 180' at the unit price of $75 a foot and refund to Mainland Center the fee that would be involved in reducing it from $150 to $75, SECONDED by V/M Massaro who added, and issue the check. VOTE: ALL VOTED AYE 34. Sheppard -Plaza - Revised 42473 - Discussion and possible action a drive-in facility located on the east north of Family Mart. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. Temp. Reso. #2473 as conditioned. Site Plan - Temp. Reso_ on a revised site plan for side of University Drive, R- ga -,,If!�4 PASSED. Richard Rubin said he would like this item changed on the agenda to revised site plan for Sheppard Plaza. Mayor Falck asked the clerk to officially change the record to show that. Mr. Rubin said the drawing shows the requested revision.When this item was heard by the Planning Commission last week, due to the lack of specific information, a recommendation of denial was given. He said, since that time, they have met with the engineer who has reviewed the traffic circulation on this project and the applicant and the staff feel there is a revision that satisfies the major problem of the Planning Commission. Mr. Rubin said McNab Plaza North has been changed to Sheppard Plaza and they would like to put up a drive-in teller window with several lanes of traffic. He said the two problems found by the Planning Commission were, first, they wanted to make sure the teller's building would be painted the same color as the rest of the shopping center. He said he received a copy of the letter from the owner of the shopping center saying they are in favor of having this the same color as the rest of the shopping center. Second, there was concern that traffic circulation with these lanes of traffic entering onto a major driveway could be in conflict with autos leaving the drive-in teller's window and with autos circulating in the shopping center. Tape Tony Nolan, engineer with Williams, Hatfield & Stoner, Inc.,representing 8 Glendale Federal Savings & Loan, potential occupants of this particular Parcel, said Glendale Federal has 30 sites where drive-in tellers are now in use and history shows it takes approximately 5 to 7 minutes to transact business at a teller's window as opposed to the roughly short period of time it takes a bank. - 30 - 10/13/82 /pm Mr. Nolan said from a circulation standpoint there really is no difficulty with approximately 30 cars per hour. He said the Planning Commission suggested that some type of channelization be applied to avoid traffic problems leaving the teller's window and it was Glendale Federal's concern that anything applied physically would be hazardous. Mr. Nolan said in deference to that,they suggested that a median be placed in the center of this entrance row whereby traffic leaving the window would be forced to exit the site. Mr. Nolan said a full car length is provided in order to enable people to study their transaction to be certain it has been handled properly before moving into other traffic. C/M Disraelly asked if the stop bar at the exit of the drive-in would be painted or a raised bar and Mr. Nolan said it would be painted. Richard Rubin said C/M Disraelly is working with the owner of the shopping center to install a traffic light at this intersection at 72nd and University Drive. Mr. Rubin said Mr. Fr4ga had agreed to contribute $7,500 for the 'installation of the traffic light and he has delivered this check today and he has requested from Council that if the traffic light is not constructed in some reasonable time period that the funds be returned to him. Mayor Falck said the City Attorney and he will work this out. V/M Massaro MOVED the ADOPTION of the revised site plan for Sheppard Plaza which has reference to the changes that Glendale Federal is making for a drive-in teller building and ADOPTION of Temp. Reso.#2473, SECONDED by C/M Krantz. In discussion, V/M Massaro said it is understood that the drive-in teller building will be painted the same as the main building so that the color will be uniform and the Development Review Status Sheet appears to be in order. VOTE: ALL VOTED AYE 36. Sheppard Plaza (McNab Plaza North) - Sign Area Waiver - Temp. Reso. #2483 - Discussion and possible action to waive the pro- visions of the sign ordinance pertaining to placement of signs for Bays 18, 19, 20 and 21. SYNOPSIS OF ACTION: APPROVED with RESOLUTION NO. PASSED. conditions. Jon Henning read the Resolution by title and C/M Disraelly referred Council to the interoffice memorandum dated 10/7/82 from Florence Bochenek. C/M Disraelly referred to a sketch which was attached which shows Building B, Bays 18, 19, 20 and 21. In front of the walkway there is an entry behind the canopy line that is above it and the Ordinances state that the sign should be over the building entrances. He said there is only the space of three entrys for the four stores and the request before Council is that these four signs be fitted into the area in what is shown as planned view so that they will not be directly over the buildings. He said three of these stores are already rented and their requests for signs have already come in and the request would be incumbent upon the sign maker to space them so that each has a comparable portion of space allowed with a border sufficient at each end. C/M Disraelly said the sign Ordinance states, in its waiver provision, that the City recognizes that not every building design can be addressed and he MOVED the ADOPTION of Temp. Reso. #2483 with the condition that they be equitably spaced within the planned view for Bays 18, 19, 20 and 21 with sufficient border space around each. SECONDED by V/M Massaro. VOTE: ALL VOTED AYE 10/13/82 /pm 32. Piccadilly Cafeterias, Inc. - Discussion and possible action on: a) Special Exception Petition 030-Z-81 - Approval to permit a restaurant in a 13-2 (Planned Business) zoning district by Temp. Reso. #2157 (public hearing held 2/10/82). b) Site Plan - Temp. Reso. #2474 c) Plat - Tem . Reso. #2475 d) Landscape Plan e) Water Retention Agreement f) Water & Sewer Developers Agreement (located on the east side of University Drive between All Saints Lutheran Church and McNab Plaza North). SYNOPSIS OF ACTION: a)APPROVED RESOLUTION NO. R-J?v7-0999 PASSED. b) APPROVED RESOLUTION NO. R-- Qom- a?y'O PASSED. c)APPROVED RESOLUTION NO . R - f/ PASSED . d) APPROVED as conditionea, e)APPROVED, f)APPROVED as conditioned (See also Page 35). a) Jon Henning read the Resolution by title. V/M Massaro said her reason for delaying approval on this was the fact that there was not enough area in front for beautification and they have given 27' for this purpose and she MOVED that the Special Exception be GRANTED, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE b) Jon Henning read the Resolution by title. Richard Rubin said the application for a site plan for the 7.66 acre site to place a restaurant may be approved on the special exception just approved. He said the project is in compliance with overall City Ordinances with the following conditions that were also agreed upon by the Planning Commission: (1) delete one barking space in the northwest corner site. Mr. Fuchs, --representing Piccadilly _Cafeteri4 said there are 181 existing spaces now. (2) the Fire Department has recommended that a sprinkler system be connected to a proprietary alarm company. Mr. Fuchs said at the Planning Commission meeting they agreed that it does need a sprinkler system and they agree to put that in but they do not agree to connect to a proprietary alarm source. C/M Disraelly said, since this is voluntary, they can strike the words "connected to a proprietary alarm". Mr. Fuchs said he has a problem with the impact fee since no one can tell him that this will ever be spent on roads and streets contiguous to his property. He said they feel that, for economic reasons only, if they cannot get this reduction from their traffic impact fee in the amount they contribute towards the traffic light, then they will not be in a position to contribute. C/M Disraelly said he has had indication by phone from at least one County Commissioner that it could be handled this way and V/M Massaro said this is fine but she does not feel the City should be in a position to say that they will refund it if the County does not. Mr. Fuchs said his position goes somewhat further than that since there are still approvals that he must attain in order to build the restaurant. He said if he is denied those approvals, he wants his money back. C/M Disraelly said there is no problem with this, if they are not building they would get their money back. Mr. Fuchs said this impact fee is computed on the entire 7 acre site and they are only developing approx- imately 3-1/2 acres and he felt this was unfair. C/M Disraelly asked Mr. Fuchs if he had indicated that he would give Council a $10,500 check for the traffic light for Lavernia which would be refundable and Mr. Fuchs said they have not discussed this. Richard Rubin pointed out that Lavernia has withdrawn and C/M Disraelly said he did not know this. - 32 -- 10/13/82 /pm Mr. Fuchs said he wanted to make the point clear that the amount of money that they will pay involving traffic control improvement is $73,000. He said this is the fee told to them by the County which they accepted without argument but this is the final amount of money they can afford. He said the return on investment for this project is already to the point of being so marginal that they had a great deal of discussion as to whether they would go forward on it. He said the fees here have been astronomical and they have absorbed their return on investment completely. He said they have not argued with Codes or fought with City agencies unless there was a physical barrier to operating their business but they have decided that the amount of money they can spend is the amount estimated for possible construction and the amount they were informed their fees would be. He said this is their position. C/M Disraelly said this is in accordance with the letter that Mr. Fuchs sent to him this week which specified $13;000 and Mr. Fuchs said this amount was what C/M Disraelly had written to him and asked for. C/M Disraelly said this is the proportionate amount and Mr. Fuchs said there are three other property owners that are not paying the same amount that he has been asked to pay. Mr. Fuchs repeated that he had a check to present to the City but if they are unsuccessful in being reduced from the impact fee or if they are denied a building permit for whatever reason, they want their money back. V/M Massaro said ifthey do not build they will get their money back. C/M Disraelly MOVED Temp. Reso. #2474 issuing a Development Order showing that the City has received checks for Drainage Retention in the amount of $5,950 and for Drainage Improvement for $442.00 (this should have been $441.76), and APPROVAL of the site plan with this Development Order. SECONDED by V/M Massaro. VOTE: ALL VOTED AYE f) V/M Massaro MOVED APPROVAL of the Water and Sewer Developers Agreement with receipt of a check for $5,000 for 5 ERC's subject to the appropriate officials signing the Water and Sewer Agreement and this will be checked further by the City Attorney. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE e) V/M Massaro MOVED the APPROVAL of the Water Retention Agreement as submitted and the fees are already paid, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE d) C/M Disraelly MOVED the APPROVAL of the Landscape. Plan with sufficient gape berm and green area and.there will be sprinklers throughout and when 9 the third lane is put in there it will be paved, SECONDED by C/M Krantz. VOTE: - ALL VOTED AYE c) Jon Henning read Tem . Reso. #2475 by title and V/M Massaro MOVED the APPROVAL of the plat, SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE C/M Disraelly indicated that the City has received a check from Piccadilly Cafeterias in the amount of $13,000 toward the construction of a light at that intersection and that if the light is not installed, as was agreed with McNab Plaza North, to be started by 12/83 and installed by 12/84 it will be returned. Mr. Fuchs said he would like it in the record that this is to be reduced by the impact fees of the County and C/M Disraelly said it is expected that, based on conversations - 33 - 10/13/82 /pm he has had with County Commissioners, this is possible. Mr. Fuchs said if they are unsuccessful he would have to request that this check be returned to him. Mayor Falck asked the City Attorney if the City can do this and Jon Henning said certainly, if the City accepts Mr. Fuchs terms. C/M Disraelly pointed out to Mr. Fuchs that a traffic light is needed in this location in order to help the traffic flow to aid his business too and Mr. Fuchs said he is aware of this and this is a business risk they take. C/M Disraelly pointed out that this is a particularly busy area because of the University Hospital and Sheppard Plaza with other stores. J Mayor Falck said they will certainly refund any money if the light is not put in but there is no way the City can commit to him money that the County has refused to refund. V/M Massaro said the City would certainly assist him in obtaining this. Mr. Fuchs said they want their business to be in Tamarac but they must make their decision based on deployment of their assets. He said that personally he has a problem with the private sector donating monies for these type of improvements since taxes are used for this sort of thing. C/M Disraelly said that this is a state road and he has approached them and they will put a traffic light in there in 1986. Jon Henning recommended that the same form letter given to the other property owners could be given to Mr. Fuchs. C/M Disraelly repeated that the deadlines on this are installation before 10/12/83 or the installation completion by 10/12/84. Mr. Fuchs said the dates are satisfactory but it is not satisfactory to be forced into making a contribution which was originally presented as a voluntary contribution. Mr. Fuchs asked Council what the consequences would be to his stating that he is not in a position to give the $13,000 without a guarantee . if he is not successful with the County. V/M Massaro said that Council is in a position to rescind their actions because it was all based on the fact that Mr. Fuchs indicated to C/M Disraelly that he is agreeable to doing this. Mr. Fuchs pointed out that there is a time problem in that the County will not consider his application until the City has approved the platting, etc. Richard Rubin said this could be helped by allowing the plat to proceed to the County and withdraw the site plan approval pending the County Commission approval of the plat. 19. Woodmont Tract 57. - Bond Release -- Temp. Reso._#2480 - Discussion and possible action to call a warranty bond posted for public improvements. SYNOPSIS OF ACTION: Denied as bonding company has agreed to 60 day extension. (See Page 20) C/M Disraelly said that -.based on the letter from Bob Foy, Assistant City Engineer, to First National Bank of Chicago indicating that he had been informed that the bond will be reissued, he MOVED that the City does not call the bond and that it has been extended from 60 days from 10/14/82. The MOTION is to DENY Temp. Reso. #2480, SECONDED by V/M Massaro. VOTE: ALL VOTED AYE - 34 - 10/13/82 /pm 44. Southgate Gardens. East/Mission_Lakes - Refund Portion of Parks and Recreation Fees ($2,910) - Discussion and possible action. SYNOPSIS OF ACTION: TABLED awaiting figures from Finance Department. Agendized by Consent on Page.2. V/M Massaro said Mr. Toll has a check for $2,910 which should be refunded to him. She said hP did make a payment that was figured into the computations that were arrived at to the amount of money that was needed for the recreation fees. C/M Disraelly said he has figures before him which were supplied by the Finance Department and V/M Massaro said they did not sound like the correct figures, therefore, C/M Disraelly MOVED to TABLE this item until the next regular meeting, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 32. Piccadilly Cafeterias, Inc. - Discussion and passible action on: a) Special Exception Petition #30--Z-81 - Approval to permit a restaurant in a B-2 (Planned.Business) zoning district by Tem . Reso. #2157 (public hearing held 2/10/82). b) Site Plan - Temp_. Reso. #2474 c) Plat - TeLnp.- Reso_#_2475 d) Landscape Plan e) Water Retention Agreement f) Water & Sewer Developers Agreement (located on the east side of University Drive between All Saints Lutheran Church and McNab Plaza North). SYNOPSIS OF ACTION: (See Pages 32, 33 and 34). Mr. Fuchs addressed Council - and said he has a question as to the legality of Council's request for the contribution being a requirement since this is the first time he has encountered this type of situation. Jon Henning said it has already been determined that, based on the experience of Council and the knowledge in this area, along with the assistance of the Engineering Department, there will be an impact on this intersection. He said the fees requested were reasonable and are required for development of this property and they would be required from any property owner at this location for the purpose of traffic control. Mr. Fuchs asked if there is a power that gives Council the right to make a decision on traffic impact and demand fees for it. Council and the City Attorney said yes, there is. Mayor Falck said he feels this project would be a good thing for the City but if Mr. Fuchs has any reservations, he would rescind his vote and V/M Massaro agreed. Mr. Fuchs said he will go along with it and V/M Massaro explained that this is a dangerous situation and the City has the obligation to protect the people. 47.. Borrow Pit - Grant Application - FRDAP - Discussion and possible action. SYNOPSIS OF ATION: Agendized by Consent. Authorized the proper City officials to sign the application to improve the borrow pit. - 35 - 10/13/82 /pm ape Mayor Falck said the City Planner brought to his attention the fact 10 that should the City want to apply for a grant to do work on the proposal at the rock pit between Sections 1 and 2, they need to file that before 10/31/82. He, therefore, asked that this be Agendized by Consent. C/M Disraelly MOVED to Agendize by Consent discussion concerning the grant for the borrow pit, SECONDED by C/11 I.rantz. VOTE: ALL VOTED AYE Mayor Falck said he would like Council to vote to authorize the proper City officials to sign the necessary applications for grant forms in the amount of $31,466.00 to improve the borrow pit site once this property is deeded over to the City. V/M Massaro so MOVED, SECONDED by C/M Disraelly. Richard Rubin reported that according to the Department of Natural Resources, the total amount of work to be done is $47,200 of which the state has requested 2/3 for a passive park. He said, from the $31,456 the City would have to contribute in -kind services and catch - match equalling $15,734. VOTE: ALL VOTED AYE Jon Henning said, as a point of information, anyone concerned about the jurisdiction of the impact fees, which were discussed earlier, can refer to City Code, Section 7-8, Page 136.1 titled "Regional Transportation Network". MEETING WAS ADJOURNED AT 6:30 P.M. MAY R ATTEST: ASS STANT CITY CLERK This public document was promulgated at a cost of $ ,. `� �'-`C� or $ 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. -36- APPRO E.,D 8{ CITY COUNCIL ON 10/13/82 /PM ATTACHMENT 1 - Item 15 - Woodmont Square Council Meeting 10/13/82 7S,4 J� ..!l.&J Ste, .N. 9.�� October 7, 1982 The City Council of the City of Tamarac 5811 N.W. 88th. Ave. Tamarac, Fla. 33321 �JOSJ.kd6-0900 Re: Rezoning Tract 44 - Gene Toll Development Corp. Gentlemen: This office has just been retained to review this matter by the Woodrront Property Owners Association. Due to the lengthy decisions and stipulations in this matter by Judge Louis Weissing, the City of Tamarac Leadership Housing and Montwood. We hereby request that this matter which is scheduled to be heard October 130,1982 be adjorned so as to give this office adequate time to reach a decision and offer an opinion to our client. Thanking you for your courtesy in this matter, We are Very truly YpArs, t`ein, RObine 9 Stein y Melvvh I. Stein CC: City Attorney A'Y ®,A&PI & 91. a 1� �,4Q; ✓Y��/ s>�sr • 0.4 j9rs-ssoo 10/13/82 /pm ATTACHMENT 2 - Item 15 - Woodmont Square Council Meeting 10/13/82 140!�4m .f Ste, ✓V. 9 V All .sue Y .sZ4 , AW City Council City of Tamarac S811 N.W. 88th Ave. Tamarac, Fla. Re: Toll Dev. rezoning Flat. 44 Dear Council Members; ()CT 131982 CITY OF TAMARAC/%�p if=.A�w Yiw r's� ✓t�...5 y �dOSJ.(r86-O9vv October 12,1982 Please be advised that our request for a postponement in this matter is hereby withdrawn. Copy to: City Attorney f Very truly yours, Stei R ine E stein b Me ein .1V. 6J. ® ,�90 ✓f�:. °.,8,� ✓V '��s.� . �s�s�9.�s-ssov 10/13/82 /Pm