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
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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