HomeMy WebLinkAbout1980-10-22 - City Commission Regular Meeting Minutes9
P. 0. BOX 25010
TAMARAC, FLORIDA 33320
FIRST CLASS MAIL
CITY OF TAMARAC, FLORIDA
CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, OCTO.BER 22, 1980
CALL TO ORDER: 9:30 A.M.
ANNOUNCEMENT OF TIME ALLOCATIONS - MOTIONS TO TABLE - The Chair
at this time will announce those items which have been given a
specific time to be heard, and will entertain motions from
Council members to table those items which require additional
research. Council may agendize by majority consent, matters of
an urgent nature which have come to Council's attention after
publication.
TAMARAC UTILITIES - WEST
1. Operations - Discussion and possible action on:
a) General Operations
b) Water and Sewer Atlas
2. Commercial Garden Mall -- Water and Sewer Agreement - Dis
sion and possible action.
3. S2ring Lake - Water and Sewer Agreement - Discussion and
possible action.
PRESENTATIONS/AWARDS
4. Employee Service Awards - Presentation by the City Manager
of Five -Year Pins to Bern Gordon, Engineering Department
and Det. Lowell Smout, Police Department.
5. Employee of the Month - Presentation by City Manager of
awards to the employee of the month for September.
6. Beautification Committee - Discussion and possible action
on resignation of Anthony Smaligo, member of this Committee.
7. Parks Commissioner - Temp. Reso. #1665 - Discussion and
possible action to appoint a Parks Commissioner.
8. Consent Agenda - Items listed under Item #8, Consent Agenda,
are viewed to be routine and the recommendation will be en-
acted by one motion in the form listed below. There will be
no separate discussion of these items. If discussion is
desired, then the item(s) will be removed from the Consent
Agenda and will be considered separately.
a) Minutes of 5/21/80 - Reconvened Regular Meeting -
Approval recommended by City Clerk.
b) Minutes of 7/15/80 - Special Joint Public Hearing with
Planning Commission - Comprehensive Plan - Approval
recommended by City Clerk,
10/22-Pg.2,3
Report submitted
by L.Keating.
LO/22-Pgs.4,5
knoroved.
0/27-Pgs.2,3
otion 7/23 clari-
ied(see Pg.17)
0/22-Pg.4
resented to B.
ordon &Det.Smout,
0/22-Pg.4-Pres.
o H.Yezer,Ct tClk
ORIce.
22-Pg.4
ig.accepted..
0/4-Pg. 4-P -
ravitz appointed
o expire 3/15/81.
LO/22/-Pgs.5,6
1) thru k) appvd.
is corrected.
e) for $520.00
m) n) p) q) r) &w)
Approved.
(Over)
E .
i
c) Minutes of 8/5/80 - Reconvened Regular Meeting -- Approval
recommended by City Clerk.
d) Minutes of 9/4/80 - Special Meeting - Eastside Utility
Budget - Approval recommended by City Clerk.
e) Minutes of 9/22/80 -- Special Meeting - Approval recom-
mended by City Clerk.
f) Minutes of 9/26/80 - Special Meeting - Architect Inter-
views - Approval recommended by City Clerk.
g) Minutes of 9/29/80 - Special. Meeting - Approval recom-
mended by City Clerk.
h) Minutes of 10/1/80 -- Special Meeting - Approval recom-
mended by City Clerk.
i) Minutes of 10/3/80 - Special Meeting -- Approval recom-
mended by City Clerk.
j) Minutes of 10/3/80 -- Special Meeting -- Approval recom-
mended by City Clerk.
k) Minutes of 10/14/80 - Special Meeting -- Approval recom-
mended by City Clerk.
1) Alan F. Ruf - Consulting Attorney - Amount to be deter-
mined.
m) Shailer & Purdy - Special Counsel - 10/7/80 - $459.13 -
Approval recommended by City Attorney.
n) Milledge & Hermelee - Special Counsel - 10/1/80-$1,310.21
Approval recommended by Finance Director.
o) M & H Services, Inc. - re: Executive Airport - 9/12/80 -
$2,840.00 - Approval recommended by Finance Director.
p) Williams, Hatfield & Stoner - Consulting Engineer -
9/30/80 - $100.00 - Approval recommended by Finance
Director.
q) Alexander Grant & Co. - Auditor - 9/23/80 - $1,500.00 -
Approval recommended by Finance Department.
r) Kruse, O'Connor & Ling, Inc. - Pension Plan Actuary -
9/29/80 - $2,695.00 - Approval recommended by Finance
Department.
PAGE E Twn _
o)Removed and
held for meeting
f 10/27/80.
s) Mitchell Ceasar - Grants Consultant - 10/6/80 - $833.33 s) Removed and
retainer, plus $8.42 expenses - Total $841.75 - Approval approved.
recommended by Finance Director.
t) Removed and
t) Florida League of Cities - Annual Dues and Publications - approved for
9/15/80 -- $1,604.31 -- Approval recommended by Finance �1,568.31.
Director.
w) Broward League of Cities - Annual Dues - 10/7/80 -
$1,509.00 - Approval recommended by Finance Department.
GENERAL ADMINISTRATIVE/FINANCIAL
9. Telephone Service- City Buildings - Report by City Manager, 10/22-Pgs.12,13
Discussion and possible action concerning engaging telephone Tabled to
service consultant to evaluate and submit recommendations 11/12/80.
with respect to the telephone system.
10. Bid Award -- Law Enforcement Officers Comprehensive Liability 10/22-Pg.19
Insurance - TemE. Reso. #1664 - Discussion and possible Adopted as amend.
action to award a bid for this insurance program. to Admiral Ins.
Reso.R-80-232.
PAGE THREE.
11. Municipal Park - Phase II - Report by City Manager - Discus- 0/22-Pgs.18,19
sion and possible action to authorize construction of basket- ppvd.-Projected
ball courts by Public Works. st,$6,340.00.
12. Code Enforcement - Responsibili�X - Report by City Manager -
Discussion and possible action to transfer Code Enforcement
responsibilities from the Building Department to the Police
Department.
PUBLIC HEARINGS - 2:00 P.M.
13. Site Plan -- Plat Presentation - Temp. Ord. #714 - Discussion
and possible action to prohibit review of site plans not
accompanied by plats. Second Reading.
0/27-Pgs.16,17
ransfer appvd.
-0/22-Pg.15
'bld.for review
)y Cty.Attny.
14. Off -Street Parking Regulations - Temp. Ord. #784 - Discussion 0/22--Pgs.15,16,17
and possible action to amend Code Section 18 by modifying Appvd.as amend.on
minimum parking requirements in various zoning districts. 2nd & final rdg.
Second Reading. RD.80-110.
15. B-5 and B-6 Zoning District Business Uses -- Temp. Ord. #785 0/22-Pg.17
Discussion and possible action concerning amending Code Sec- %ppvd.as amend.
tion 28--171 to permit additional types of businesses, modi- n 2nd rdg.
fying advertising requirements and increasing maximum floor RD-80-111.
area of buildings, which may be devoted to accessory uses.
Second Reading.
16. Transmission Antennae - Temp. Ord. #790 - Discussion and 0/22-Pg.17
possible action to adopt this ordinance on Second Reading. ppvd.on 2nd rdg.
RD.80-107.
17. Bonding Requirements - Temp. Ord. #811 - Discussion and 0/27--Pg.3
possible action to amend Code Section 24 by requiring public abld.to next
improvement bonds and warranty bonds be for off -site improve- meeting.
ments only in the public right-of-way. Second Reading.
18. Illegal Parking Ticketing Procedure - T_eM. Ord. #818 - Dis- 0/22-Pg.18
cussion and possible action to amend Section 15 by establish- pvd.on 2nd &
ing a ticketing procedure for non --compliance with Article I Einalrdg.
of this Section. Second Reading. RD.80-108.
19. Sam Rosenkrantz - Rezoning Petition #29-Z-80 - Discussion 0/22-Pg.18
and possible action to rezone Lot A of Woodland Lakes Plat on pvd.on 2nd rdg.
the west side of Lagos de Campo Boulevard north of Sand- RD.80-109.
pebbles from R-4A to R-3, by Temp._ Ord. #824. Second Reading
COMMUNITY DEVELOPMENT
20. Rezoning
Petition - Josejh
and Jerome Sousa -
Petition
0/22-Pg.20
#31-Z-80
- Discussion and
possible action on
request to re-
kppvd.on 1st rdg.
zone the
southwest corner
of University Drive
and McNab Road
evelop.Review
from R-4A to B-5, by Temp.
Ord. #813. First
Reading.
kgrnnt. req. prior
(Tabled
from 9/24/80)
Lo 2nd rdg.
21. Medical Arts Building - Discussion and possible action on:
a) Site Plan
b) Landscape Plan
c) Water and Sewer Agreement
(Tabled from 10/8/80)
0/22-Pgs.23,24,
25
)Appvd.as amend.
)Appvd.w/conds.
)Appvd. (se23jg.
22. University Community Hospital - Discussion and possible 0/27-Pg.3
action on request for a one-year extension of the permit for main
to
a modular building at the rear of the hospital. emain perm.stru.
23. Duff's Plaza -- Sign Waiver -- Tem . Reso. #1666 - Discussion
and possible action on a request for a free-standing, ground
directory sign.
24. Continental Plaza - Sign Waiver -- Temp. Reso. #1667 - Discus-
sion and possible action on request for waiver with respect
to the location of the sign.
0/22-Pg.9
)denied
)appppvd.R-80-235
) vd.w/T�r
)cJ -
.0/22-Pg.12
dptd.w/conds.
!so.80-233.
PAGE FOUR.
25. Commercial Garden Mall - Sign Waiver - Temp. Reso. #1668 - 10/27-Pgs.7,8,9
Discussion and possible action on request for waiver of the pt.subj.to coeds.
sign ordinance. eso.80-234.
LEGAL AFFAIRS
26. Granek Properties - Rezoning Petition #23-Z--80 - Discussion 0/22-Pgs.19,20
and possible action on a request to rezone the west side of Denied on lst. rdg.
State Road 7, extending north from Commercial Plaza to the
City limits, by Temp. Ord. #802. First Reading. (Tabled
from 10/8/80)
27. Granek Properties - Site Plan and Plat Extension - Discus- 0/22-Pgs.20,21
sion�and possible action on request for extension of time 0-day Extension
for review of site plan and plat by City Council. ranted.
28. Mainlands - Section 7 -- Assignment of Lease -- Temp. Reso. 0/27-Pg.15
#1669 - Discussion and possible action to assign the Recrea ptd.Reso.80-236.
Ti-on-Lease from the City to the Mainlands Seven Maintenance
Corp., title holder of Parcel R - Mainlands Section Seven.
29. Carlone's Restaurant - Report by City Attorney - Discussion
and possible action concerning applicability of certain
zoning regulations with respect to this restaurant to be
located in Commercial Garden Mall.
30. Woodlands Section 2 - Landscaping - Discussion and possible
action on request to install a hedge between Commercial
Boulevard and the service road.
31. Northwood II (Tract 1) - Density - Report by City Attorney -
Discussion and possible action.
32. Private Streets - Temp. Ord. #809 - Discussion and possible
action to amend Code Section 20 by permitting private
streets in all residential zoning districts. First Reading.
(Tabled from 10/8/80)
_0/22-Pg.11
ppvd. without a
special exception.
10/27-Pgs.1,2
Tbld.to 11/12/80
See Min.10/22/80.
10/22-Pgs.21,22,23
Tabled.
10/27-Pg.15
Tabled.
33. Woodmont -- Tracts 74 and 75 - Private Streets - Temp. Reso. 10/27-Pgs.14,15
#1661 - Discussion and possible action to approve Stipula- Adptd.Reso.80-239.
tion #4 to Case #72-11731 and authorizing the City Attorney Stip.#4 as amend.
to execute same on behalf of the City. (Tabled from 10/8/80)
34. Employee Retirement Plan - Temp. Ord. #81.4 - Discussion and 10/27-Pg.9
possible action to amend the retirement plan with respect to ppvd. on lst rdg.
procedures for administering the plan. First Reading.
35. Illegal Parking - Tema. Ord. #821 - Discussion and possible 10/27-Pg.9
action to prohibit parking vehicles in certain places not ppvd. on lst rdg.
included in the Uniform Traffic Code. First Reading.
36. Eight-of-HaElght-of-HaZ Maintenance Responsibility - Temp. Ord. #822 0/27-Pg.9
Discussion and possible action to require property owners pvd. on lst rdg.
to maintain the unpaved right-of-way abutting their property f as amend.
First Reading.
37. Parking Lot Illumination - Discussion and possible action to 0/27-Pg.10
amend Ordnance No. 0-79-32 by extending the required time Rejected on lst
of compliance from December 1980 to June 1981. Temp. Ord. eading.
#826 - First Reading.
38. General Revenue Sharing - Temp. Reso. #1663 - Discussion and 0/27-Pgs.10,11
possible action to urge the U.S. Congress -to adopt the Adopted as amend.
general revenue sharing reauthorization bill. iReso.80-241.
39. Legal Department Authorities - Discussion and possible actin 0/27-Pg.11
to give the City Attorney litigation authority to act on the Cty.Attny. to seek
City's behalf to seek injunctive relief as deemed necessary 'nj.relief, but to
without prior Council approval. consult Mayor first
I
PAGE FIVE.
REPORTS
40.
City Council
41.
City Manager
42.
City Attorney
R-3
=Low Density Multiple Residential
R-4A
=Planned Apartments
S-1
=Open Space/Recreational
B-1
=Neighborhood Business
B-2
=Planned Business
B-3
=General. Business
B-5
=Two -Story Professional Office Buildings
Pursuant
to Chapter 80-150 of Florida Law, Senate Ball No.368:
If a
person decides to appeal any decision made by the board,
agency
or commission with respect to any matter considered at
such
meeting or hearing, he will need a record of the proceed-
ings,
and for such purpose, he may need to ensure that a ver-
batim
record of the proceedings is made, which record includes
the
testimony and evidence upon which the appeal is to be based.
CITY OF TAMARAC
MARILYN BERTHOLF '
CITY CLERK
SPECIAL MEETINGS/ WORKSHOP MEETINGS
MONDAY - 10/20/80 - 1:30 P.M. - Special Meeting -
Public Service Commission Refund
TUESDAY
- 10/21/80 - 1:30 P.M. - Workshop Meeting -
Bus Stops
AGENDIZED BY CONSENT
43.
Jewish War Veterans - Proclamation - Post #51.9
10/22--Pg.4-Procla.
re. to W.Zweig.
44.
Tamarac Town Square - Limited Rarking Waiver - Discussion
10/27-Pgs.4,56
and possible action.
Petition withdrawn.
45.
Zack' s Restaurant - Sign Waiver - Temp. Reso. #1765 -
10/22-Pgs.1.4,15
Discussion and possible action.
Waiver appvd.subj.
to approval.
23.
Duff's Plaza -- Sign Waiver - Temp. Reso. #1666 - Dis-
10/22-Pg. 7-item helc
cussion and possible action a) b) c) .
determin. of fees.
46.
Supporting Constitutional Amendment #4 - Temp. Reso.
10/27-Pgs.11,12
#1761 - Water Distribution - Discussion and possible
optd.Reso.80-238.
action.
47.
Supportin Constitutional Amendment #5 - 40 Year Road
10/27-Pg.12
Bonds - Temp.- Reso. #1762 - Discussion and possible
Adptd.Reso.80-237.
action.
48.
Vedgewood - Extension of Surety Bond - Discussion and
10/22-Pgs.13,14
possible action.
Bond extended to
12/30/80 subj..00nds
49.
Repair of Jet-Rodde_ r - Waiver of Bid and Performance
10/22-Pg.3
Bonds - Discussion and possible action.
Waiver appvd. for
repair.
(OVER)
50. Sartori Plat - Tegp Reso. #1653 - Discussion and
possible action. - ^
51. M & H Services - $8,830.00 - For payment.
8-o) M & H Services, Inc. - re: Executive Airport - 9/12/80
$2,840.00 - Approval recommended by Finance Director.
52. Survey for Caporella Park - Discussion and possible
action.
53. Technical Assistance in Evaluation of Proposals for
Computer Hardware - Discussion and possible action.
54. Executive Airport - Adding Skytel Inns of America to
Lawsuit - Discussion and possible action.
55. ASIKAS vs. CITY OF TAMARAC - Discussion and possible
action.
56. Letter from Nat Cohen -- Softball League - Discussion
and possible action.
10/27-Pgs.12,13
Adptd.as amend.
Reso.80-24.
10/27-Pg.16-Tbld.
till A.Birken rdy.
10/22-Pg.6
Appvl.rec. by Fin.
Dir.
10/27-Pg.16-Cty.
Mgr.auth.to hire
Darby & way.
10/22-Pg.25-City
Mgr.auth.hire Alex
Grant.
10/27-Pq.18-Cty.
Atty.auth.to inc.
Sky.Inns.as def.
10/27-Pgs.18,19
Cty.Atty.auth.to
hndl.$5000 reimb.
10/27-Pg.18
Team must live
within guidelines
for use of park.
CITY OF TAMARAC, FLORIDA
REGULAR CITY COUNCIL MEETING
OCTOBER 22, 1980
CALL TO ORDER: Mayor Falck called the meeting to order on Wednesday,
October 22, 1980 at 9:30 A.M.
PRESENT: Mayor Walter W. Falck
Vice --Mayor Helen Massaro
Councilman Irving M. Disraelly
Councilwoman Marjorie Kelch
Councilman Irving Zemel
ALSO PRESENT:
City Manager, Edward A. Gross
City Attorney,Arthur M. Birken
Ass't.City Clerk, Carol Evans
Clerk/Steno., Mimi Reiter
MEDITATION & PLEDGE OF ALLEGIANCE: Mayor Falck called for a Moment of
Silent Meditation followed by the Pledge of Allegiance.
Mayor Falck advised that the recessed meeting would be called on Monday,
October 27, 1980, at 8:30 A.M. He reviewed the agenda schedule, and the
time periods to be allotted.
43. Jewish War Veterans - Proclamation - Post #519
SYNOPSIS OF ACTION: AGENDIZED BY CONSENT
(See page
V/M Massaro MOVED to AGENDIZE BY CONSENT, Item #43, relating to the
Jewish War Veterans, and C/M Disraelly SECONDED.
VOTE: ALL VOTED AYE.
44. Tamarac Town Square - Limited Parking Waiver -- Discussion and possible
action.
SYNOPSIS OF ACTION: AGENDIZED BY CONSENT
(To be heard on 10/27/80)
C/M Zemel MOVED to AGENDIZE BY CONSENT, and V/M Massaro SECONDED.
VOTE: ALL VOTED AYE.
45. Zack's Restaurant - Sign Waiver - Temp. Reso. #1765 - Discussion and
possible action.
SYNOPSIS OF ACTION: AGENDIZED BY CONSENT
(See page s 14 & I )
C/M Disraelly MOVED to AGENDIZE BY CONSENT a request by Zack's Res-
taurant, for consideration of a sign, and V/M Massaro SECONDED.
VOTE: ALL VOTED AYE.
COMMUNITY DEVELOPMENT
23. Duff's Plaza - Sign Waiver - Temp. Reso. #1666 - Discussion and pos-
sible action on a request for a free-standing, ground directory sign.
SYNOPSIS OF ACTION: a), b) & c) AGENDIZED
BY CONSENT. (See page 7)
C/M Disraelly MOVED to AGENDIZE BY CONSENT the additional items under
Item #23, which were denied by the Planning Commission, with the fees
to be paid for the waivers, if approved. V/M Massaro SECONDED.
VOTE: ALL VOTED AYE.
46. Su22orting Constitutional Amendment #4 - Temp. Reso. #1761 - Water
Distribution - Discussion and possible action.
SYNOPSIS OF ACTION: AGENDIZED BY CONSENT
(See Minutes of'10/27/80)
-1-
10/22/80
mr/
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17�
C/M Disraelly MOVED to AGENDIZE BY CONSENT, Temp. Reso. #1761, per-
taining to the November 4th ballot, on Water Distribution, to be pre-
sented to the Broward and Florida League of Cities, which was proposed
by the Tomorrow -far --Two Committee, and is a Constitutional Amendment.
C/M Zemel SECONDED.
VOTE: ALL VOTED AYE.
47. Su ortinq Constitutional Amendment #5 - 40 Year Road Bonds - Te p.
Reso. #1762 - Discussion and possible action.
SYNOPSIS OF ACTION: AGENDIZED BY CONSENT
(See Minutes of 10/27/80)
C/M Disraelly MOVED to AGENDIZE BY CONSENT, Temp. Reso. #1762, concerning
the Funding of Roads, on the Constitutional Amendment, which referred to
the time payment, and to be presented to the Broward and Florida League
of Cities, and C/M Zemel SECONDED.
VOTE: ALL VOTED AYE.
48. Wedgewood - Extension of Surety Bond - Discussion and possible action.
SYNOPSIS OF ACTION: AGENDIZED BY CONSENT
(See pages 13 & 14)
V/M Massaro MOVED to AGENDIZE BY CONSENT the extension of the Bond for
the Wedgewood Project, at the request of the City Engineer, and C/W Kelch
SECONDED.
VOTE: ALL VOTED AYE.
49. Repair of Jet-Rodder - Waiver of Bid and Performance Bonds - Discussion
and possible action.
SYNOPSIS OF ACTION: AGENDIZED BY CONSENT
( See page 3 )
C/W Kelch MOVED to AGENDIZE BY CONSENT, on a request from the City
Engineer, relating to authorization for waiving of bid and performance
bonds for the repair of the Jet-Rodder, and V/M Massaro SECONDED.
VOTE: ALL VOTED AYE.
50. Sartori Plat -- Temp. Reso. #1653 - Discussion and possible action.
SYNOPSIS OF ACTION: AGENDIZED BY CONSENT
(See Minutes of 10/27/80)
V/M Massaro MOVED to AGENDIZE BY CONSENT discussion and possible action
on approval of a plat, and C/M Disraelly SECONDED.
VOTE: ALL VOTED AYE.
51. M & H Services - $8,830.00 - For payment.
SYNOPSIS OF ACTION: AGENDIZED BY CONSENT
See page 6)
C/M Disraelly MOVED to AGENDIZE BY CONSENT,M & H Services, in the amount
of $8,830.00, for discussion and possible action, and C/W Kelch SECONDED.
VOTE: ALL VOTED AYE.
TAMARAC UTILITIES - WEST
1. Operations - Discussion and possible action on:
a) General Operations
b) Water and Sewer Atlas
SYNOPSIS OF ACTION: Report submitted by Mr. Keating.
a) 1: McNab Road - Water lines were presently under construction on
the north side of the street, between 70th Avenue and Brookwood
-2-
10/22/80
mr/
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Boulevard, and was moving ahead without difficulties. He also noted
that all penalties have been removed.
2: Cleaning of Surge Tank - This was previously authorized by Council,
and the contract has been let, and the work is anticipated to be
done later this week or the first part of next week.
3: Cleaning of Plant #3 - He said this was advertised, and they were
currently awaiting the bids, to accomplish this. This, he said,
would permit completion of the major portion of the modifications
forfor the plant. It would include, he stated, the strengthening of
the sludge splitter-box.
4: Jet-Rodder - He requested waiving of the bid and performance bond
requirements, and indicated that work was previously advertised,
but the City was not in receipt of allowable bids. (See Item #49
Agendized by Consent this day)
Mr. Gross said that due to the size of the bid, and the necessity
for completion of the work, it would be to the City's benefit to
not have bid bonds on this project.
V/M Massaro inquired as to the legality involved, to which Mr.Birken
responded that Section 255.05 of the Florida Statutes pertains to
the performance and payment bonds, under certain circumstances, but
does have a provision that the governing body may waive the require-
ments for projects under $25,000.00, on a specific incident basis.
5: Remote Storage Tank - Nob Hill and 77th Street. Mr. Keating indicated
that previous discussions were held, and currently, a revised plan
was received from the Consulting Engineer, which indicates the use
of landscaping and other work in the area of the tank, in order to
render it less objectionable aesthetically to the public.
Mr. Keating said that he was planning to meet with the City Manager,
to discuss the location, as to future use of the site for recrea-
tion purposes; also, the landscaping cost and architectural treatment
to the plant.
b)Water and Sewer Atlas - Mr. Keating said they were originally attempting
to contract updating the existing plans, as relates to an Atlas for the
Utility. He stated that an arrangment has been made with Leadership's
Engineer, for a complete new set of updated maps produced, on 1980
aerial photographs, in half --sections. The Consultant would combine
the information on the existing Tamarac Sewer Atlas, and transfer it
to the new drawings; also, adding the lines constructed since the City
has acquired the Utility.
The City Engineer defined an Atlas, as a system of maps covering the
entire Utility service area, which shows approximate locations of water
and sewer lines, and the manholes, along with interconnecting lines
for fire hydrants, valves, force mains, and pump stations. The anti-
cipated cost, he said, was approximately $2,000.00 more than Leadership
was willing to pay, but it was determined by the Consultants, that the
proposal will be approved.
Mr. Keating advised that a letter was written to Myles Trailins as
to the proposal submitted by Darby & Way, would be acceptable to the
City, for approximately $12,000.00; which involved compliance for up-
dating the Water and Sewer Atlas.
Mr. Keating advised that an extension of the Fidelity & Deposit Bond.
on Tamarac Financial Bank was received this morning, in his office,
and it was his recommendation to have this item agendized, if such
receipt did not occur, to which it was noted that Mr.Birken must approve.
this prior to adjournment of the meeting... _.......
49. Repair of Jet-Rodder - Waiver of Bid and Performance Bonds-- Discussion
and possible action.
SYNOPSIS OF ACTION: Waiver Approved for Repair
C/W Kelch MOVED that under authority granted to the City Council, by
an amendment to Section 255.05 of the Florida Statutes, in a specific
incident of a repair to the Jet-Rodder, that the bid and performance
bonds be waived, and V/M Massaro SECONDED.
VOTE: ALL VOTED AYE.
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10/22/80
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43. Jewish War Veterans - Proclamation - Post #519 - 11/9 to 11/15/80.
SYNOPSIS OF ACTION: Proclamation read and..presented by
Mayor Falck to Willard Zweig, as Edward Goldberg
Jewish War Veterans Week from November 11/9 to 11/15/80;
and the Tamarac Ladies Auxillary Tag Week.
Mayor Falck presented the Proclamation, which was accepted by Mr. Zweig,
and noted that the Veterans Hospital anticipated completion in June of
1981, in Broward County.
PRESENTATIONS/AWARDS
4. Employee Service Awards - Presentation by the City Manager of Five -Year
Pins to Bern Gordon, Engineering Department and Det. Lowell Smout,
Police Department.
SYNOPSIS OF ACTION: Presentations made
by Mr. Gross
Det. Smout thanked the Council on behalf of the Police Department, for
approval of their new contract.
Mr. Gross felt that Mr. Gordon's drawings will always remain with the
City, and was proud that he is a member of the City's organization, and
will continue for many years.
5. Em 10 ee of the Month - Presentation by City Manager of awards to the
employee of the month for September.
SYNOPSIS OF ACTION: Awarded to Harry Yezer
of the City Clerk's Office.
Mr. Gross presented Harry Yezer, a part-time employee, an Employee of
the Month award, with a Certificate of Appreciation, a meal for two at
Triggs Restaurant,with the addition of Mr. Yezer's name to the City Hall
Plaque.
6. Beautification Committee - Discussion and possible action on resignation
of Anthony Smaligo, member of this Committee.
SYNOPSIS OF ACTION: Resignation Accepted.
C/M Disraelly advised that Mr. Smaligo has been on this Committee a
number of years, and has worked diligently. But, he said, that the
letter received from him does indicate that his work -load has become
greater, and felt that his resignation should be accepted. He also felt
that a replacement should not be made at this time, but advertisement
should be made through the normal media for people to serve on this
Committee. He then MOVED for acceptance of the resignation, with regret,
and V/M Massaro SECONDED the motion. She also felt that the need for
members is necessary on this Committee, and Mr. Smaligo should be re-
placed, with one or two additional members to be assigned in the near
future.
VOTE: ALL VOTED AYE.
7. Parks Commissioner - Ted Reso._#1665 - Discussion and possible action
to appoint a Parks Commissioner(was corrected to state "reappoint")
SYNOPSIS OF ACTION: Philip Kravitz appointed
for term to expire 3/15/Bl.
City Attorney read Temp. Reso. #1665.
C/M Zemel indicated that the term of the Parks Commissioner has expired
Tape and would MOVE that Mr. Phillip Kravitz be reappointed as Parks Commis -
Side sioner for the City of Tamarac, for a period of six months, to March 15,.
#2 1981, and C/M Disraelly SECONDED.
VOTE: ALL VOTED AYE.
2. Commercial Garden Mall.- water and. Seder Agreement - Discussion and pos-
sible action.
SYNOPSIS OF ACTION: Approved.
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The City Attorney felt this was a standard Developer's Agreement, which
was executed by the developer and the mortgagee, and was ready for ap-
proval. by Council.
V/M Massaro MOVED for approval of the Water and Sewer Agreement, and
C/M Disraelly SECONDED.
VOTE: ALL VOTED AYE.
3. Spring Lakell=Water and Sewer Agreement - Discussion and possible action.
SYNOPSIS OF ACTION: Held for 10/27/80
Mr. Birken advised that the Water and Sewer Agreement,for this project,
was approved on July 23rd, and quoted a portion of the minutes; "V/M
Massaro MOVED approval of the Water and Sewer Developer's Agreement,
subject to the language added and approved under Item #11, and the ad-
dition of an addendum to this item". He said that Item #11 related to
Northwood II, and was not aware of density being in the Water and Sewer
Developer's Agreement, and was irrelevant. The City Attorney stated that
if a verbal scrivener's error is involved, then he would request that
that the record be clarified.
V/M Massaro said everything appeared to be in order, but would review
this during the lunch recess, and bring it back to Council, if there
is a problem. She then MOVED for approval of the Water and Sewer Agree-
ment for Spring Lake II.
Mr. Birken inquired whether action should be taken for clarification of
the minutes, and delete the condition from the record; to which the Vice -
Mayor indicated that prior to any deletion, she would prefer to review
the minutes. The City Attorney reiterated that clarification of the
action would then be in order.
8. Consent Agenda
a) Minutes of 5/21/80 - Reconvened Regular Meeting - Approval
recommended by City Clerk.
b) Minutes of 7/15/80 - Special Joint Public Hearing with Planning
Commission - Comprehensive Plan - Approval recommended by City Clerk.
c) Minutes of 8/5/80 - Reconvened Regular Meeting - Approval recommended
by City Clerk.
d) Minutes of 9/4/80 - Special Meeting - Eastside Utility Budget -
Approval recommended by City Clerk.
e) Minutes of 9/22/80 - Special Meeting - Approval recommended by City
_:Clerk.
f) Minutes of 9/26/80 - Special Meeting - Architect Interviews - Ap-
proval recommended by City Clerk.
g) Minutes of 9/29/80 - Special Meeting - Approval recommended by City
Clerk.
h) Minutes of 10/l/80 - Special Meeting - Approval recommended by City
Clerk.
i) Minutes of 10/3/80 - Special Meeting - Approval recommended by City
Clerk.
j) Minutes of 10/3/80 - Special Meeting - Approval recommended by City
Clerk.
k) Minutes of 10/14/80 - Special Meeting - Approval recommended by City
Clerk.
1) Alan F. Ruf - Consulting Attorney -- Amount to be determined ($520).
m) Shailer & Purdy - Special Counsel - 10/7/80 - $459.13 - Approval
recommended by City Attorney.
n) Milledge & Hermelee - Special Counsel - 10/1/80 - $1,310.21 - Ap-
proval recommended by Finance Director.
o) M & H Services, Inc. - re: Executive Airport - 9/12/80 - $2,840.00 -
Approval recommended by Finance Director.
p) Williams, Hatfield & Stoner - Consulting Engineer - 9/30/80 - $100.00
Approval recommended by Finance Director.
q) Alexander Grant & Co. - Auditor - 9/23/80 -- $1,500.00 - Approval
recommended by Finance Department.
r) Kruse, O'Connor & Ling, Inc. - Pension Plan Actuary - 9/29/80 -
$2,695.00 - Approval recommended by Finance Department.
s) Mitchell Ceasar - Grants Consultant - 10/6/80 - $833.33 retainer,
plus $8.42 expenses - Total $841.75 - Approval recommended by
Finance Director.
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t) Florida League of Cities - Annual Dues and Publications -
9/15/80 - $1,604.31 - Approval recommended by Finance Director.
w) Broward League of Cities - Annual Dues - 10/7/80 -- $1,509.00 -
Approval recommended by Finance Department.
SYNOPSIS OF ACTION: a) through k) Approved, as corrected; 1) for
520,.m),n), p), q), r) and w) Approved; o) Removed and
held for Meeting of 10/27/80; s) Removed and Approved; and
t) Removed and Approved for $1,568.31.
C/M Disraelly MOVED for the approval of the Minutes, a) through k),
as corrected; 1), m), n), p), q), r) and w) to be Approved;with o),
s) and t), being Removed for discussion.
V/M Massaro requested that Item o) be incorporated with Item #51,
to which C/W Kelch SECONDED the motion.
Mayor Falck felt that approval should not be made by a Department,
but by the head of a department or the City Manager.
C/M Disraelly indicated that the City Clerk's office should obtain
the proper approval.
VOTE: ALL VOTED AYE.
51. M & H Services - $8,830.00 -
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8-o)M & H Services, Inc. -- re: Executive Airport - 9/12/80 - $2,840.00 -
Approval recommended by Finance Director.
SYNOPSIS OF ACTION: Items #51 and 8 o), will be heard
10 27 80, for City Attorney's clarification of the bill.
C/M Disraelly said that he referred the items to the City Attorney,
for his investigation, which relates to the amount of hours used towards
the Executive Airport. He further felt that the amount under discussion
involved $100.00 per hour for Mr. Arnold, which was not included in the
contract.
Mr. Birken indicated that he spoke with Mr. Arnold, and it was deter-
mined that his billing fee was $100.00 per hour. He also stated that
the City Council engaged Milledge & Hermelee within certain budgetary
considerations, and the consultants which were selected by them, to
perform certain tasks. These, he said, were performed by Mr. Arnold
within the established budget, which sound study was approved by Council.
Additionally, the City Attorney said that Council engaged Milledge &
Hermelee for the litigation. He determined that Mr. Gallop's fee was
$75.00 per hour, and Mr. Milledge was either $100.00 or $125.00 per hour.
Mr. Birken further added if Mr.Arnold works more than six (6) hours. in
any given day, he will not bill in excess of that time; also, if in any
given week, he works more than 25 hours, the excess time will not be
billed.
C/M Disraelly recommended that calculations be submitted as to the days
and the weeks, by Mr. Arnold, to which Mr. Birken concurred that he would
communicate this information, and then present the information to Council.
V/M Massaro felt these bills should not be paid, until a determination
has been made.
Mr. Birken indicated that he will distribute copies of the minutes, which
previously discussed this particular item.
8-t) C/M Disraelly said this item involved an invoice with the Florida
League of Cities, which dues amounted to $1,568.31, with additional
subscriptions being billed, from 9 to 6. He MOVED that one copy of
the Florida League publication be purchased, for Council Office, which
could be routed, and, also that the dues be paid, with one (1) addi-
tional subscription at $6.00, for a total bill of $1,574.31.
Mayor Falck said that he'would route the publication that comes to
him, and C/M Disraelly then MOVED that the bill of $1568.31 be paid,
and V/M Massaro SECONDED.
VOTE: ALL VOTED AYE.
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s) Mayor Falck advised that Mr. Ceasar's arrangement with the City
will be discussed at the November 12th, 1980 meeting.
V/M Massaro MOVED for approval of the retainer of $833.33, and
expenses of $8.42, which total is $841.75, and C/M Disraelly SECONDED.
VOTE: ALL VOTED AYE.
COMMUNITY DEVELOPMENT
23. Duff's Plaza - Sign Waiver - Temp. Reso. #1666 - Discussion and possible
action on a request for a free-standing, ground directory sign. The
following were Agendized by Consent; a) Directory Ground Sign, b) Arches,
and c) Sign on parapet Temp. Reso. #1764.
SYNOPSIS OF ACTION: Item held for determination
as to fees being paid for the various signs.
(See page 9)
The City Attorney read Temp. Reso. #1666.
Mr. James of Trans -American Corporation, and Mr. Grover, General Manager
Associate, at the Plaza, were in attendance.
Mr. Birken said the item on the agenda was in order, as related to fees,
but C/M Disraelly requested to agendize two additional signs; also,
he said, an application should have been made after the Beautification
Committee Meeting was held, and a fee to be paid. If, he said, such
application and fee was not made, then Council could not consider items
which have not been properly handled.
Mr. James said that the woman who represented the sign company, has paid
all the fees.
Mr. Gross requested to hold the item, in order to determine if the
fees have been paid for the wall and ground signs.
25. Commercial Garden Mall - Sign Waiver - Temp. Reso. #1668 - Discussion
and possible action on request for waiver of the Sign Ordinance.
SYNOPSIS OF ACTION:Applicant to return
on 10/27/80 with criteria.
Arthur Wolff, an Attorney who represented the developers of the Mall,
was requesting a waiver from the Sign Ordinance, as to a particular
sign. He noted that a presentation was made to the Beautification
Committee, and they determined inconsistencies with the uniformity re-
quirements of the Sign Ordinance. He further added that the development
will consist of 28 interior facing stores, and 8 that will face on to
the street. The sign, he said, being discussed, was the double -ground
illuminated sign, in the front.
Mr. Wolff advised that the Commercial Garden Mall logo consists of
a flower, particular letter styling and coloring; which was established ap-
proximately 2 1/2 years previous by the developers,and relates to the
building of this shopping center. Fie indicated that the City's Sign
Ordinance went into effect on 2/27/80, but prior to that time, the de -
Tape veloper received his building permit.
Side
#3 C/M Disraelly said that in February of 1980, a revision was approved
to the previous Sign Ordinance. He also stated that no criteria has
been presented to the City or the Beautification Committee, which relates
to colors or type of lettering to be used throughout the complex.
Mr. Wolff indicated they were not presently discussing the signs in the
mall interior, but would like to establish the criteria for the ground
sign, those facing the street, and also the interior signs. He said
the City's Ordinance requires submission of a sketch for the proposed
signs, but have not completely leased all the stores. Mr. Wolff said
that all the free-standing buildings in the mall are different, and
uniform criteria would be difficult.
C/M Disraelly indicated that regardless of the amount of buildings, there
is a requirement, by Ordinance, for one criteria for a complex, and it
is not necessary for each storekeeper to submit an individual logo.
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Also, he stated, the Ordinance requires one type of lettering, style
and color, with dimensions to be submitted as the criteria for the
entire shopping center. He further noted that ground and directory
signs are permitted, but there is no provision for such a combined
sign. C/M Disraelly explained that two types of lettering was being
used, because Carlone's has one, with the Cuisine Restaurant Lounge,
having another, and the Commercial Garden Mall sign, is still another.
The size of the sign being presented, is 150 square feet, and believed
that the permitted maximum size for ground signs, is 120 square feet.
Richard Ahl, one of the developers, said that the Beautification Commit-
tee felt that the size and setback of the signs, were in compliance with
the Ordinance. He said that a sign could be put up for Carlone's Res-
taurant, because it is located on a separate surveyed parcel, which is
individually leased; also, a directory sign and a ground sign could be
installed on Commercial Boulevard, which would be in compliance with
the Ordinance.
C/M Disraelly informed Mr. Ahl that a directory sign is permitted to be
16 feet above the crown of the road, with a maximum sign area of 64 square
feet. Also, he said the ground sign can be 120 square feet, but since
1978, the City has instituted a criteria requirement of one -type of
lettering in the signs. This procedure is being followed by the neigh-
boring cities, because proliferation of colors and types of signs, was
of great concern by all the cities, he said. C/M Disraelly advised that
he is the liaison member of the Beautification Committee, and was aware
of the presentation made to them for .the.Commercial Garden Mall.
C/M Disraelly reiterated that the developer has not established a cri-
teria as to color, size and type of lettering, which is the first step
in the request for signs. He added that the developer determines the
size of the lettering to be placed over each store, and not the City
Council, to which the City Attorney concurred that until the criteria
is presented to the City, it could not be considered. C/M Disraelly
read that portion of the Ordinance, in Section 3, subsection 7, which
relates; "Written consent of the owner and/or manager of the building,
structure or land to which or on which the sign structure is to be
erected, located, maintained or altered. A written statement of the
criteria established by a multi -tenant center or complex, regarding
color, type of sign, style of letters, size of letters, maximum -minimum,
including a sketch thereof, must have been provided to the Chief Building
Official, and be attached to the sign application. This applies to all
signs to be displayed at that location, wall, window, marquee or ground.
Once the criteria has been established by multi -tenant center or complex,
that criteria shall remain as long as the center exists, regardless of
change of ownership or management".
V/M Massaro indicated that the developer is to come in with one criteria,
and all 28 stores will have to comply with this.
The City Attorney felt that Council was attempting to give them guidance,
and the City was anxious to have the signs aesthetically constructed.
They also have to know the criteria to be established, in order to treat
the interior signs, he said.
C/M Disraelly offered assistance by stating that the type, style and
the maximum -minimum size of lettering to be applied to the facade of
each building, should be submitted. But, he added, if the interior
buildings are finished in wood or brick, in the area of the signs, Council
will not require this to be changed.
V/M Massaro requested that the criteria be established, and they be
permitted to present this at the recessed meeting of Monday, October 27th,
1980. She also noted that they could meet with C/M Disraelly prior to
this meeting, which would further clarify their situation.
Mr. Gross presented a sign criteria form to Mr. Wolff, for completion,
and to be returned to the City.
Mayor Falck advised that this item would be heard on 10/27/80, at the
recessed meeting, for the criteria to be submitted by the applicant.
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23. Duff's Plaza - Sign Waiver - Temp. Reso. #1666 - Discussion and possible
action on a request for a free --standing, ground directory sign. a) Di-
rectory Ground Sign, b) Arches, and c) Sign on Parapet - Temp.Reso.#1764.
SYNOPSIS OF ACTION: a) DENIED, b) Approved, RESOLUTION NO. R- ,&-c2_3,5� PASSED.
and c) Approved, with Temp.Reso. #1764
adopted for b) and c). (See page 7)
a) Mr. Gross advised that three waiver requests were paid on Tuesday,
10/21/80.
Charles James represented Trans -American Corporation, and Mr. Grover
represented Duff's Plaza.
C/M Disraelly said that the sign was approved for the word Duff's to
be located under the roof .line. He also stated that discussion was
held for the ground sign, which request was changed to "Duff's Smorgas-
bord".
C/M Disraelly said the original waiver request relates to the sign
that was included in the City Council packets. The style of lettering
was questioned, because Duff's, Smorgasbord and Famous are lettered
differently. Thereafter, it was determined that Duff's and Smorgasbord
would be done in the same manner.
He further established that it is a combined ground and directory sign,
because it provides 10 or 12 spaces below Duff's Smorgasbord, and was
to have similar lettering. The combined directory -ground sign is greater
in size than permitted by the City's Ordinances, and is computed to be
150 square feet, which is in violation. He said that Mr. James submitted
a sign, eliminating the arches, but just keeping to the illusion of it.
C/W Kelch confirmed the fact that the same lettering will be established,
and arches will be filled -in with brick.
C/M Disraelly said if the waiver is denied for the ground directory sign,
then the one on display will be constructed, when it is enclosed.
V/M Massaro said if the sign is flush on the ground, and has open
Tape arches above, it will conform to the style of the building.
Side
#4 C/M Disraelly confirmed the fact that the waiver request is for the
directory -ground sign, and a determination has to be made for denial,
or it will have to be approved for other areas,creating City-wide Problems,
Florence Bochenek,V.Chairman of the Beautification Committee,said they
were concerned with the interpretation of the arches, and felt that
as long as a waiver request was being submitted to Council, for their
decision, it would avoid future problems. She said the combined direc-
tory and ground sign, if permitted, would require adjustments for others,
or the City was in violation of the Ordinance. Mrs. Bochenek said that
Duff's Plaza,placed on a ground sign, would be sufficient and attractive
with the same type letter, for upper and lower case. She said that it
was the recommendation of the Beautification Committee that this be the
procedure to be followed.
C/M Disraelly MOVED to DENY the request for the waiver of the Duff's
Plaza directory -ground sign, and C/M Zemel SECONDED.
VOTE: ALL VOTED AYE.
b) C/M Disraelly said that presently a decision has to be made to permit
the open arches on the sign, or to fill -it in with red -brick.
V/M Massaro felt that it should not be that strict, and yet still comply
with the Ordinance,but disrupting the continuity of the complex and
the sign, would distress her.
C/M Disraelly read that portion of the Ordinance which related; "All
ground signs shall be erected flush with the ground, on a masonry,
metal or rot resistant wooden pedestal, at least 2/3rds as wide as the
sign".
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Florence Bochenek said that the Beautification Committee would go -
along with arches, because it was artistically and aesthetically at-
tractive.
V/M Massaro MOVED to permit the arches, with a slab underneath, which
will comply with the requirements of the Ordinance, and C/W Kelch
SECONDED.
VOTE: ALL VOTED AYE.
c) C/M Disraelly said this item was requesting a waiver for the same sign
which is on the front of the building, to be applied on the east wall,
on the southeast corner of the parapet, with identical lettering that
is over the doorway. He MOVED that the waiver be granted for a sign
identical to that which is over the doorway, at the southeast corner,
and V/M Massaro SECONDED.
VOTE: ALL VOTED AYE.
b) C/M Disraelly read Temp. Reso. #1764, in its entirety, and then MOVED
c) for its approval, and C/W Kelch SECONDED.
VOTE: ALL VOTED AYE.
20. Rezoning Petition - Joseph and Jerome Sousa - Petition #31-Z--80 - Dis-
cussion and possible action on request to rezone the southwest corner
of University Drive and McNab Road from R-4A to B-5, by Temp. Ord. #813.
First Reading. (Tabled from 9/24/80)
SYNOPSIS OF ACTION: Approved on lst Reading -
Development Review Agreement required prior to 2nd Reading.
The City Attorney read Temp. Ord. #813, by title only.
Greg Darby, with the firm of Darby & Way, represented Biscayne Federal,
the contract purchaser on this project. He said that at the previous
Council meeting, a request was made for representations to be submitted
of the anticipated development. He presented a blow-up of the existing
Concord site plan, which is the adjacent residential area, to the same
size as the proposed site plan; also, superimposing the existing build-
ings and parking, that relates to this project.
Mr. Darby advised that the proposed buildings to the adjacent buildings,
are 135 f t:. and 140 ft. from the existing buildings under construction
at Concord. Additionally, he presented the City Clerk's office, an
affidavit and petition which was signed by the residents of Concord Vil-
lage, stating that they are aware of this, with approximately 60 or 70
signatures, that indicates they are in favor of such a development.
He also presented renderings of two existing facilities, that he put
on display, which he felt Tamarac would be proud to have constructed.
Mr. Darby introduced Ken Hoffman, the Senior Vice -President of Biscayne
Federal.
Mr. Hoffman said that he was also Corporate Secretary of Biscayne
Federal Savings and Loan, and indicated that an office was opened at
the corner of University Drive and McNab Road, on July 9, 1979. Since
that time, he said, it has been proven that it is an honor and a privilege
to do business in Tamarac. The office, he said, has been extremely
successful, with over 10,000 new accounts and many new mortgages have
been generated. He further added that mortgage financing has been pro-
vided in the area, and joined with Coral Gables, Sunniland Bank, Atlantic
Federal, United Federal, and a new association who have all located on
the McNab Road corridor. Mr. Hoffman felt the area is becoming the
"Wall Street" in Tamarac, and an office at the requested location would
enhance the City.
He distributed photographs of an office that was constructed in St.Peters-
burg Beach, that abuts a condominium and a single-family residence, which
displays the type of screening that would be instituted to off -set the
condominium from the commercial site. Mr. Hoffman felt that a one or
two story building would be determined by the architect, as to square
footage, and parking requirements. He added that interior designers and
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10/22/80
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architects are used, who have an "eye" for beauty.
Mx. Birken reminded Council of a similar parcel situated on 88th Avenue
and McNab Road, where rezoning was considered. Ile additionally stated
that rezoning was under consideration at this time, regardless of the
particular construction, but has to be within the permitted use for the
zoning district.
V/M Massaro inquired about the voluntary covenant which Mr. Hoffman
was to submit, in order to guarantee that a savings and loan institution
would be constructed in the area. She said they were reluctant to give
blank zoning in that category for the particular corner.
Mr. Darby said that previously the City Council did not want a commer-
cial facility on that corner, and was the reason that the covenant was
suggested. But, after review of the B-5 zoning district, it was deter-
mined that commercial use could not be instituted, because it was a
professional office -type district.
Mr. Hoffman said that if Biscayne Federal purchases the property, they
will construct an office, because they require additional space, as
soon as possible. He felt that it would not be difficult to have the
Federal Home Loan Bank Board approve an office across the street from
the present location. Additionally, he said, if the property is rezoned
to B-5, then Biscayne must purchase the parcel, as required by the con-
tract.
Mr. Darby advised that the property is just short of one (1) acre, or
.98 acres, and 47 feet will have to be given for University Drive, and
two (2) feet for McNab Road, for an additional right-of-way, which is
almost one -quarter of the property. He felt that 7/10ths of an acre
will be left, which would then require parking and a building.
He said they approximate 6,000 square feet of building, for a two-story,
with 3,000 feet per floor, and would be utilizing whatever land is left.
C/M Disraelly apprised Mr. Darby that 40 parking spaces would be re-
quired.
C/W Kelch felt that the B-5 zoning restrictions were sufficient, and
MOVED that Petition #31-Z-80, Temp. Ordinance #813, be approved on
first reading.
C/M Disraelly reiterated that 6,000 feet, under the proposed ordinance,
of 1 to 150, would involve 40 parking spaces, to which Mr. Darby realized
that they are not submitting a formal site plan, but was just a render-
ing, to indicate the relationship of building and parking. The el,isting
Code, he said, does call for one (1) per 200 square feet, and there is
a possible change for one (1) to 150 square feet. Mr. Darby said there
was still much work to be done architecturally, in order to comply.
V/M Massaro SECONDED the motion, and requested additional work be im-
plemented on their site plan.
Also, Mr. Birken said that the Development Review Agreement was required
before second reading, to which Mr. Darby concurred.
VOTE: ALL VOTED AYE.
LEGAL AFFAIRS
29. Carlone's Restaurant - Report by City Attorney - Discussion and possible
action concerning applicability of certain zoning regulations with
respect to this restaurant to be located in Commercial Garden Mall.
SYNOPSIS OF ACTION: Approved without a special exception.
Mr. Birken advised that Council was sent a memorandum on October 15th,
but there was a question as to Carlone's or Duff's being grand -
fathered -in, under the ordinance creating requirement for all restaurants
in B-1 districts to be approved by special exception. The site plans,
he said, that were approved by Council, clearly showed
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restaurants, by site plans, upon approval of the projects. He also said
that the prime tenant in each shopping center was to always be a res-
taurant. He further stated that Council approved an ordinance requiring
special exception approval; with both Duff's and Carlone's being
scheduled to open shortly. He again questioned whether they would be
grandfathered-in.
Mr. Birken said that he made information available to the City, as to
garbage disposal system, odor control, that the 100 foot requirement
from residences has been satisfied, and a copy of a contract from the
garbage collector was received. He then suggested to Council that due
to approval of the site plans, and the parking, as shown for the res-
taurants, that it might be grandfathered-in.
V/M Massaro concurred that at the time the site plan was approved,
it was anticipated that there would be restaurants within this complex,
and MOVED for approval without going to a special exception, and
C/M Disraelly SECONDED.
VOTE: ALL VOTED AYE.
Gerry Dondanville, Attorney for Mr. Carlone, was pleased with the
decision, and said that he will be in attendance in the future.
COMMUNITY DEVELOPMENT
24. Continental Plaza - Sian Waiver -- Temp. Reso. #1667 -- Discussion and
possible action on request for waiver with respect to the location of
the sign.
SYNOPSIS OF ACTION: Adopted with conditions. RESOLUTION NO.R- ,?O ,2 33 PASSED.
The City Attorney read Temp. Reso. #1667.
C/M Disraelly requested that the criteria form be fully completed by
the owner, as to type, and maximum --minimum size of letters. Ile felt
the Building Department should have made corrections prior to submitting
them to Council.
Gilbert Terrin of Budget Signs, represented the Plaza, and advised that
the wood posts will be four (4) feet from the bottom of the sign, plus
the height of six (6) feet, with a total of ten (10) feet. He said
that a request was being made to replace one sign that is on the wall.
This was originally on 57th Street; and requested this on Commercial
Boulevard, as a ground sign, with no space between the bottom of the
sign and the ground.
C/M Disraelly confirmed the fact that everything below the sign will
be filled -in. He then MOVED for approval of the ground sign, with it
being filled in below the verbiage, and to be erected one (1) foot
south of the curbing, at the west end of the parking lot on Commercial
Boulevard, which relates to Temp. Reso. #1667. V/M Massaro SECONDED
the motion.
VOTE: ALL VOTED AYE.
MEETING WAS RECESSED TO 1:30 P.M. FOR LUNCH.
MEETING WAS CALLED TO ORDER, ROLL CALL TAKEN, AND ALL PRESENT.
GENERAL ADMINISTRATIVE/FINANCIAL
9. Telephone Service -_City Buildings - Report by City Manager. Discussion
Tape and possible action concerning engaging telephone service consultant
Side to evaluate and submit recommendations with respect to the telephone
#5 system.
SYNOPSIS OF ACTION: Tabled to 11/12/80 meeting.
Mr. Gross said that the Consultant was not able to obtain the necessary
information, and did submit a memorandum to Council.
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C/M Disraelly MOVED to table Item #9 to the next regular meeting of
November 12, 1980, and V/M Massaro SECONDED.
VOTE: ALL VOTED AYE.
52. Surve for Caporella Park - Discussion and possible action.
SYNOPSIS OF ACTION: AGENDIZED BY CONSENT
(See Minutes of 10/27/80)
V/M Massaro MOVED to AGENDIZE BY CONSENT the item of Caporella Park,
and C/M Disraelly SECONDED.
VOTE: ALL VOTED AYE.
53. Technical Assistance in Evaluation of Pro osals for Com uter Hardware -
Discussion and possible action.
SYNOPSIS OF ACTION: AGENDIZED BY CONSENT
(See page 2 )
C/M Disraelly MOVED to AGENDIZE this item by consent, and V/M Massaro
SECONDED.
VOTE: ALL VOTED AYE.
48. Wedgewood -- Extension of Surety Bond - Discussion and possible action.
SYNOPSIS OF ACTION: Bond Extended to 12/30/80,
with particular conditions. (See page 2)
V/M Massaro indicated that the City Engineer inspected the work on
Tuesday, October 21st, 1980, and a final punch list was initiated,
with copies being distributed to Council. She also noted that many
problems have been handled by Mr. Petrozella, but additional time was
still required.
She noted that a driveway at 6340 Pinehur'st Circle East still required
repair, with a catch basin that has already been moved once. The Vice -
Mayor said this driveway has to be rebuilt in its entirety, which
Mr. Petrozella has agreed to do the paving, but would not move the
catch basin.
V/M Massaro felt that the Public Works Department could assist in such
repair, and Mr. Thissen, the Public Works Director, prepared a cost
sheet totaling $400, which would remove the catch basin entirely out
of the driveway. She also noted that $175 was included for labor, and
involved the manpower of men on the road, with the out-of-pocket money
being $225. The Vice -Mayor felt that Council should make a decision as
to the City absorbing this cost, or determine that Mr. Petrozella would
be required to do the entire thing.
Mr. Keating, the City Engineer, advised that Mr. Thissen proposed to
take the existing catch basin, remove the blocks and brick that are
built-up to the frame, and place a reinforced cover over the structure.
This, he said, would be beneath the surface, and the pipe would be ex-
tended to the south side of the driveway, with installation of a new
catch basin. The City Engineer did request that Mr. Thissen consider
both items of work; with one being the relocating of the catch basin,
and the other item being the cost of repaving, if the City was to do
this.
Mr. Keating said that the punch list which was prepared with the 5th
Amendment to the Developer's Agreement, indicated that the driveway
should be modified in the swale area; with problems envisioned relating
to difficulties in backing a vehicle out of the garage, and bottoming --
out the car. Damage, he said, could occur to the car and also the pave-
ment, but it was not anticipated that in order to regrade the driveway,
that the catch basin had to be relocated. The City's cost would be
relatively low, but in order to subcontract this, the cost would be ap-
proximately $1,500.
He additionally stated there were two problems involved; namely, the
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10/22/80
mr/
Swale in the driveway and the catch basin existence. He also said
that on the south side of the driveway, the swale would be modified
with the new catch basin, with the north side not being affected, and
water would then flow along.the edge of the pavement.
C/M Disraelly said that he has viewed this area since August, and
has made numerous visits with Mr. Keating; with a determination that
this is the worst area in the section.
Mr. Petrozella said that he would rebuild the double driveway, if the
City was willing to move the catch basin out of the driveway entirely.
He noted that the eight (8) items on the punch list could be completed
by the middle of December.
C/M Disraelly MOVED that the time on the referenced surety bond, which
was originally extended to November 10, 1980, be further extended to
December 30, 1980, in order to permit the eight (8) items under con-
sideration in the letter of October 21, 1980, addressed to Charles
Petrozella, and signed by Larry Keating, for completion of this work.
This would include repairing of the double driveway at 6340
Pinehurst Circle East, which will be accomplished after the catch
basin has been moved, at the responsibility of the City. He added
that the final job is to have the approval of the City Engineer.
C/M Zemel SECONDED the motion.
VOTE: ALL VOTED AYE.
C/M Disraelly said there were many rocks on the property of the homes
near the clubhouse, in the Pinehurst Circle section, and would request
that a letter be submitted from the Homeowners Association, that all
the rocks and boulders are on private property. Also, if they are on
City property, they must be removed immediately.
V/M Massaro also indicated that Mr. Petrozella was instructed to remove
three (3) concrete posts, which were installed at the dead-end in front
of the golf course, on the southwest corner of Pinehurst Circle, with
reflectors being installed as replacement.
45. Zack's Restaurant - Sign Waiver - Temp. Reso. #1765 -- Discussion and
possible action. -
SYNOPSIS OF ACTION: Waiver approved for
signs on the north, south and east faces
of the building, subject to approval by
the Building Department.(See page 1)
RESOLUTION NO. R- q0 -a�� PASSED.
C/M Disraelly indicated that this item was heard by the Beautification
Committee, which location was originally The Steak Place, and presently
being changed to Zack's Restaurant. Fie said the two drawings that were
submitted to Council involve the restaurant lounge bar and raw bar.
The letters for lounge bar and raw bar, are located above the bottom
of the roof line, which the City Attorney has referenced as a roof sign.
The Beautification Committee approved the sign, but felt that it would
be necessary to be presented to Council, for a waiver. 1) He noted
that a criteria has been established for blue block letters. 2) also,
on the north wall and south wall, at the roof line, and extended above
the roof line, the letters Zack's are being requested, in order to be
visible from University Drive, proceeding south and north.
The Beautification Committee did not object to the signs aesthetically,
and the maximum size of the letters on the north and south end, will be
30 inches; on the east, the letters will be 10 inches. C/M Disraelly
said that at this time, on the chimney there is a logo that has the
letters "SP", but will be removed entirely.
Florence Bochenek, the Vice -Chairman of the Beautification Committee,
said the signs were acceptable, but the only problem was that it extended
slightly over the roof -top, which the Committee thought might be in
violation. It was their recommendation that a waiver be presented for
Council's decision.
Robert S. Zack advised that the sign will be above the bottom of the
roof line, with the bottom of the letter being slightly below,and extend
upwards approximately 20 inches.
-14- 10/22/80
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Mr. Birken said the building was unusually structured, because of the
roof pitch, to which C/M Disraelly stated that it is
the only peaked roof in the City, because all the others are flat.
He felt that the definition of roof and wall signs are not applicable,
and are not under the regulations.
V/M Massaro said that her primary concern would involve the hurricane
season, but felt that it should be left to the Building Department, for
the signs to be erected safely, and with adequate security. She MOVED
that the waiver be approved, subject to Building Department approval
of the construction.
Mr. Zack advised that the application was filed as Tamarac Steak Enter-
prises, doing business as Zack's, to which the City Attorney responded
that a resolution is required, and read a draft of Temp. Reso. #1765
in its entirety, into the record.
C/M Disraelly MOVED to approve Temp. Reso. #1765, as read, and subject
to approval of the construction by the Building Department, and V/M
Massaro SECONDED.
VOTE: ALL VOTED AYE.
PUBLIC HEARINGS
1.3. Site Plan - Plat Presentation - Temp. Ord. #714 -- Discussion and
possible action to prohibit review of site plans not accompanied by
plats. Second Reading.
SYNOPSIS OF ACTION: Tabled for further review
and revision by the City Attorney.
The City Attorney read Temp. Ord. #714, and suggested an addition on
line 15, after the word approval, "for any property encompassed by
the plat", which is for additional clarification.
V/M Massaro felt this ordinance should be held to the next meeting,
and requested that Mr. Birken submit a memorandum relating to this.
The City Attorney indicated that the ordinance was written at the
request of the Vice -Mayor, due to some property on west Commercial
Boulevard.
Mayor Falck opened the discussion to the public, and closed it because
there were no comments received.
V/M Massaro MOVED that this item be tabled, for further review and
revision by the City Attorney, and then returned to the Council, with
an ordinance which would serve everyone's purpose. C/M Disraelly
SECONDED the motion.
VOTE: ALL VOTED AYE.
14. Off -Street Parking Regulations - Temp. Ord. #784 - Discussion and
possible action to amend Code Section 18 by modifying minimum parking
requirements in various zoning districts. Second Reading.
SYNOPSIS OF ACTION: Approved, as amended ORDINANCE NO.O- 'kO -1/ D PASSED.
on 2nd and final reading.
Tape The City Attorney read Temp. Ord. #784, and recommended two additions
Side on page 8; namely, the definition of gross floor area would follow
#6 floor area, by stating,"gross floor area shall mean the total number
of square'Teet within the walls of the building or bay as applicable.
Each level of a multi -level structure shall be computed separately."
Additionally, he suggested the following language for customer service
and non -customer service; "Site Plans for property containing restaurants
shall contain the percentage of area used for customer service and for
non -customer service. If this is not shown, computations shall be based
on a 50-50 customer service/non-customer service ratio."
Mr. Birken felt the two changes would improve the ordinance signifi-
cantly, and recommended such consideration, to which C/M Disraelly
concurred.
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10/22/80
mr/
Mayor Falck opened the discussion to the public.
Barry Eden noted that proposed changes were recommended on first reading,
after review with the Planning Commission. Fie advised that a memorandum
was distributed to Council, whicn ne discussed witn the individual
members; paragraph 12 - Athletic Clubs: he proposed that the parking
be liberalized for 1 parking space per 250 square feet. He said there
was also a suggestion to modify Savings & Loan Associations parking,
due to the NOW ACCOUNTS which are coming into existence.
Mr. Eden felt that changes should be limited to drive --in facilities -
at Savings and Loan Associations. He withdrew the item of mezzanines
at this time.
Kenneth Hoffman, Senior Vice -President and Secretary of Biscayne Federal,
said that some research has been accomplished, and indicated that the
general parking restriction concerning financial institutions, is one (1)
space for every 300 square feet, in Palm Beach Gardens, Miami Beach,
Palm Beach, and the City of Miami. He said that Biscayne Federal will
not have many NOW ACCOUNTS, because of the minimum balance requirements.
Mr. Hoffman indicated that Certificate Accounts were being opened in
Savings and Loan Associations, and NOW ACCOUNTS would be generally used
for bill -paying services, and lobby traffic will be limited. He noted
that a drive-in facility would require additional staff. Lowering
the restriction to one space per 150 square feet, should be reconsidered
by Council.
Carl Alper discussed shopping center parking, and it was the recommenda-
tion by Comm. Beutner,that as a general rule,an additional 5 or 10% be
permitted for changes in retail stores.
Mayor Falck closed the public hearing, because there were no further
comments received.
V/M Massaro felt that parking should not be too restrictive, and con-
sideration should be given to keeping it at a reasonable level.
C/W Kelch concurred, and would also recommend going to 200 square feet;
and indicated her approval of the decrease in restrictions in paragraph
B, under Item #13, of Athletic Clubs -Indoors, to 250. She was also
in accord with the suggested additions by the City Attorney.
C/M Disraelly referred to the memo submitted by Barry Eden, as to parking
spaces permitted in the various municipalities, dated 9/2/80;that Health
Clubs in Coral Springs and Plantation, have 1 space for 200 square feet,
but Ft. Lauderdale uses 1 space for 400 square feet, which ordinance
is outdated.
C/M Disraelly MOVED that Temp. Ord. #784 be approved, with amendments
as to the gross floor area, to be added between lines 5 and 6; and, also
site plan for property containing restaurants, etc., be entered between
lines 8 and 9, on page 8 of this ordinance. He felt that Athletic Clubs
could be 1 space to 200 square feet, and if it is Council's consensus
to permit Savings & Loans to also be 1 to 200, then he would not quibble.
V/M Massaro felt that she would permit 250 square feet on Athletic Clubs.
MOTION DIED FOR LACK OF A SECOND.
V/11 Massaro MOVED that the same insertions be indicated, as noted by
C/M Disraelly, but with the provision that Athletic Clubs be permitted
one (1) space per 250 square feet, and Savings & Loan have one (1) space
per 200 square feet, and C/W Kelch SECONDED.
V/M Massaro WITHDREW HER MOTION, and C/W Kelch her SECOND, in order for
additional discussion to be held.
C/W Kelch felt that commercial banks have adequate parking, and felt
the City was being too restrictive, and it should be one (1) space per
200 square feet.
V/M Massaro MOVED to include the insertions, as noted by C/M Disraelly,
with the following changes; 1) one (1) space required per 250 square
feet of floor area, for Athletic Clubs indoors, 2) Financial Institu-
tions - one (1) space per 200 square feet of floor area, and 3) Savings
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mr/
and Loan Associations - one (1) space per 200 square feet of floor
area. C/M Zemel SECONDED.
VOTE: ALL VOTED AYE.
15. B-5 and B-6 Zoning District Business Uses -- Temp. Ord.#785 - Discus-
sion and possible action to amend Code Section 18 by modifying minimum
parking requirements in various zoning districts. Second Reading.
SYNOPSIS OF ACTION: Approved on 2nd reading, ORDINANCE NO.O- ,?'a- 11 / PASSED.
as amended.
The City Attorney read Temp. Ord. #785, and Mr. Cross recommended that
another category be added, for Video Clubs, which profession is not
listed. It was his feeling that this be handled separately, and come
back to Council by ordinance.
CIM Disraelly suggested that on page 5, line 21, Eleemosynary Insti-
tutions should be included in B-5 and B-6.
Mayor Falck opened the discussion to the public, and closed it because
there were no comments received.
C/M Disraelly MOVED for the adoption of Temp. Ord. #785 Business Uses,
on second and final reading, as amended, and C/W Kelch SECONDED.
VOTE: ALL VOTED AYE.
16. Transmission Antennae - Temp. Ord. #790 - Discussion and possible
action to adopt this ordinance on Second Reading.
SYNOPSIS OF ACTION: Approved on 2nd and ORDINANCE NO.O- a —/ 0 7 PASSED.
final reading.
The City Attorney read Temp. Ord. #790.
Mayor Falck opened the discussion to the public.
Harold Goldstein inquired about the qualifications of a licensed amateur
radio operator, and whether it is a"ham" or a CB operator, as well; to
which Mr. Birken said that after discussions with people who are af-
ficionados of radio operations,that this is a term of art, and that
licensed amateur radio operations are, in fact, "ham" operators, as
opposed to CB operators.
Mr. Birken felt that nothing would be in conflict with the proposed
ordinance, and indicated to Council that he has not heard anything
that would convince him of a problem with limiting the height of CB
antennaes.
Mayor Falck closed the. public hearing, because there were no further
comments received.
C/M Disraelly MOVED for the adoption of Temp. Ord. #790, on second
and final reading, and C/W Kelch SECONDED.
Mayor Falck stated his opposition to the height of the antennaes,and
the interference that is created by those people, to which the Vice -
Mayor concurred.
C/M Zemel felt there were filtering devices that could be used, which
involve a minimal cost. He also said that the ordinance could be
amended, if, in the future, difficulties are determined.
VOTE: C/W
Kelch -
Aye
C/M
Zemel -
Aye
Tape C/M
Disraelly -
Aye
Side V/M
Massaro -
Nay
#7 Mayor Falck -
Nay
17. Bonding Requirements - Temp. Ord. #811 - Discussion and possible action
to amend Code Section 24 by requiring public improvement bonds and
warranty bonds be for off -site improvements only in the public right-
of-way. Second Reading.
-17- 10/22/80
mr/
SYNOPSIS OF ACTION: Tabled to 10/27/80 meeting,
for City Attorney to provide appropriate language
as to certified costs.
The City Attorney read Temp. Ord.#811.
V/M Massaro said that she would like language written -in as to certified
costs, and also requesting authority for documentation. She also indi-
cated that on the second page, between lines 8 and 9, she would request
language that the certified actual cost must be by the registered engi-
neer of record, or a certified accountant.
Mr. Birken said if it is notarized, and is not true, then it is non -
judicial perjury.
Mr. Lira inquired about certified costs being on a form to be completed
by a certified engineer,also,whether it could also be certified by an
architect, to which the Vice -Mayor responded that the City Attorney
could make this determination, along with the City Engineer.
V/M Massaro MOVED to table the item to Monday, 10/27/80, to enable
the City Attorney to provide appropriate language, and C/M Zemel
SECONDED.
VOTE: ALL VOTED AYE.
18. Illegal Parking_Ticketing Procedure - Temp. Ord. #818 - Discussion
and possible action to amend Section 15 by establishing a ticketing
procedure for non-compliance with Article I of this Section. Second
Reading.
SYNOPSIS OF ACTION: Approved on 2nd ORDINANCE NO.O_- ;& /O dr- PASSED.
and final reading.
The City Attorney read Temp. Ord. #818.
Mayor Falck opened the discussion to the public, and closed it because
there were no comments received.
C/M Zemel MOVED that Temp. Ord. #818 be approved on second and final
reading, and C/W Kelch SECONDED.
VOTE: ALL VOTED AYE.
19. Sam Rosenkrantz - Rezoning Petition #29-Z-80 - Discussion and possible
action to rezone Lot A of Woodland Lakes Plat on the west side of
Lagos de Campo Boulevard north of Sandpebbles from R-4A to R-3, by
Temp. Ord. #824. Second Reading.
SYNOPSIS OF ACTION: Approved on 2nd and ORDINANCE NO.O- ASSED.
final reading.
The City Attorney read Temp. Ord. #824.
Thom Lira indicated that he represented Sam Rosenkrantz, the property
owner.
Mayor Falck opened the discussion to the public, and closed it because
there were no comments received.
C/M Disraelly MOVED for adoption of Temp. Ord. #824, on second and
final reading, and C/W Kelch SECONDED.
VOTE: ALL VOTED AYE.
GENERAL ADMINISTRATIVE/FINANCIAL
11. Municipal Park - Phase II - Report by City Manager - Discussion and
possible action to authorize construction of basketball courts by
Public Works.
SYNOPSIS OF ACTION: Approved; and City Manager
to have this initiated at projected cost of
$6,340.
10/22/80
mr/
Mr. Gross said that this item also involved the building of basketball
courts, which bids were high, and consequently rejected. He also noted
that a Basketball League consisting of teenagers and younger children
were prepared to play, and was requesting that the courts be built, at
a total cost of $6,340, with a portion of this to be City labor, which
would come from the Parks & Recreation budget.
V/M Massaro MOVED for approval, with the City Manager accomplishing
this as quickly as possible, at the projected cost of $6,340; with
monies to come from the Parks & Recreation budget.
C/M Disraelly indicated that the City labor will be a transfer of funds
from Parks & Recreation to the General Fund, in order for the monies to
be available. He then SECONDED the motion.
V/M Massaro requested that actual costs be submitted as the work pro-
gresses.
VOTE: ALL VOTED AYE.
10. Bid Award - Law Enforcement Officers Comprehensive Liability Insurance -
Temp. Reso. #1664 -- Discussion and possible action to award a bid for
this insurance program.
SYNOPSIS OF ACTION: Adopted, as amended, to RESOLUTION NO.R- D -,23 A PASSED.
Admiral Insurance Agency for American Centen-
nial Insurance Co. for $14,637, subject to
City inclusion as a named insured.
The City Attorney read Temp. Reso. #1664.
Judy. Deutsch, the Risk Manager, recommended American Centennial Insur-
ance Company, because of premium savings, with an inclusion of a Civil
Rights provision, as requested by the City Attorney. She said that
Mr. Birken also requested copies of sample policies, which he reviewed,
and felt that the City itself should be named insured, under the terms
of the policy. An award, he said, should be subject to the City's
being named.
Mayor Falck felt this item should proceed on that basis.
Mrs. Deutsch felt this will be clarified, and was seeking the same
verbiage in the current policy, but anticipated that the City was in-
sured. She indicated that the wording is more explicit in the new
policy, where the Police Liability portion can be cancelled for
special multi -peril; also including property in the City's care, custody
and control.
Mayor Falck felt that after review, it was opinion that the proposal,
as outlined by Mrs. Deutsch, was better, and the recommendation of the
Insurance Specialist should be adopted.
C/M Disraelly MOVED that Temp. Reso. #1664, awarding a bid through Ad-
miral Insurance Co. for American Centennial Insurance Co., in the
amount of the annual premium of $14,637.00 be approved, as the lowest
bidder, and C/W Kelch SECONDED.
C/M Disraelly AMENDED THE MOTION being subject to the City as a named
insured, to which C/W Kelch CONCURRED.
VOTE: ALL VOTED AYE.
Mayor Falck commended Mrs. Deutsch on her explanation of premium
savings, which would avoid duplicate coverage.
LEGAL AFFAIRS
26. Granek Pro erties - Rezoning Petition #23-Z-80 -- Discussion and possible
action on a request to rezone the west side of State Road 7, extending
north from Commercial Plaza to the City limits, by Temp. Ord. #802.
First Reading. (Tabled from 10/8/80)
SYNOPSIS OF ACTION: DENIED on 1st Reacting.
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10/22/80
mr/
L. J
V/M Massaro felt that she could not concur with this
and said that storage units should not be constructed
a residential area to which C/M Disraelly concurred.
type of rezoning,
in front of
C/W Kelch felt that a neatly operated storage unit, facing onto a
commercial street, would not interfere, if it has proper landscaping;
and did not object to such use in a B-1 category.
Julian Bryan, representing the petitioner, indicated that the property
owner adjacent to the north, from the mobile home park,did attend the
Planning Commission meeting, and was aware of the plans for both the
apartment complex and proposed business uses on the front parcel. He
further stated there was no objection on his part, regardless of the
fact that his property is contiguous to the proposed residential property
and to a portion of the B-1 property, for approximately 100 feet.
Mr. Bryan said that the nature of dry storage is indicated in the coven-
ants, which clearly states the safeguards. He further stated that a
substantial portion of Land Section 7 is B-3, and can presently have
dry storage. He added that Mr. Granados has 18 locations in South
Florida at this time, with several being situated in Broward County.
Mayor Falck said that his observations were based on experience east of
441, and the complaints of the people in the vicinity, who indicated
that persons were living in these storage units. He further stated that
the City Attorney has investigated the complaints with him.
V/M Massaro MOVED that the rezoning Petition #23-Z-80 be DENIED, and
C/M Disraelly SECONDED.
Mr. Birken indicated that the Ordinance was previously read by title.
Carlos Granados, one of the owners of the proposed project, said that
if a shopping center is built, it would also be in front of the resi-
dential area, with trash loading visible. He discussed the setback, and
the landscaping that was planned, which would buffer the warehouse and
residential areas. Mr. Granados also stated that the warehouse area
would have a gate, and 24-hour guard duty.
The City Attorney felt that the record should reflect that this is a
rezoning to B-3, and that Council is aware of a restrictive covenant
having been submitted for placement on the property. It is, he said,
a rezoning to B-3 on 441, and is a location at the entranceway to the
City of Tamarac, on the main road, within the City. Also, he said, that
B-3 is the least restrictive of the business uses permitted, and should
be noted on the official record for this matter.
V/M Massaro said to include the remarks by the City Attorney, in the
MOTION, to which the SECOND concurred.
VOTE: C/W Kelch - Nay
C/M Zemel - Absent from dais
C/M Disraelly - Aye
V/M Massaro - Aye
Mayor Falck - Aye
27. Granek Properties - Site Plan and Plat Extension - Discussion and pos-
sible action on request for extension of time for review of site plan
and plat by City Council.
SYNOPSIS OF ACTION: 60-Day Extension Granted
Julian Bryan advised that the site plan was approved on April 16, 1980,
by the Planning Commission, along with the plat. Because, he said, this
was not in the Sunset Drainage District, his client was required to send
to the FCD for his surface water manage permit; which release and final
approval has recently been obtained. Also, he indicated that the off -site
outfall line has been resolved, which was an overall settlement with
Leadership Housing, The Treehouse property, and the City, for a new
outfall line on Commercial Boulevard.
Mr. Bryan also indicated that final form has been received from the
Attorney in California, who represents Treehouse, which was approved by
Mr. Granados, and his Attorney; and then returned to California, for
execution.
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10/22/80
mr/
Mr. Bryan felt that a 60-day extension would be adequate, in order for
the necessary documentation to be executed and returned, from California.
V/M Massaro MOVED for a 60-day extension to be granted for the presenta-
tion of the site plan and plat, which will be submitted to Council for
approval, and C/W Kelch SECONDED.
VOTE:
ALL VOTED AYE.
30. Woodlands Section 2 - Landscaping - Discussion and possible action on
Tape request to install a hedge between Commercial Boulevard and the service
Side road.
#8
SYNOPSIS OF ACTION: Tabled for review by
the City Attorney, and preparation of agreement.
Mr. Birken stated that he spoke with Mr. Wayne Thies of the County
Engineering Division, and was advised that a letter should be submitted
from the City, indicating this request.
V/M Massaro said that she previously indicated if something special
was requested, that required maintenance, it would be their responsi-
bility for such maintenance. Also, she felt that insurance coverage
will be necessary.
Mayor Falck said the reason for the hedge, was to provide protection
off Commercial Boulevard, for the people residing there, and the cars
traveling on the highway.
V/M Massaro MOVED that the City Attorney be instructed to prepare an
agreement or other requirements, in order for the City to be afforded
proper protection, which would be presented to Council, and C/M Zemel
SECONDED.
VOTE: ALL VOTED AYE.
31. Northwood II (Tract 1) - Density -- Report by City Attorney - Discussion
and possible action.
SYNOPSIS OF ACTION: Tabled, with consultation
to the Land Use Plan people, by Mayor Falck.
Mr. Birken said that he has been gathering data for the past two weeks,
which relates to this item, and submitted a memorandum to Council,
with recommendations. He informed Council that the City has spent more
than nine months in attempting to arrive at a proper number, in a totally
reasonable and unbiased manner. Mr. Birken said that the County Commis-
sion was advised of the City's decision, with a request for the addition
of another 2000 plus units in Flexibility Zone 61.
At this time, the City Attorney said that Mr. Rubin was requesting that
Council approve a stipulation, which would essentially by-pass the
County. He suggested an amendment be made to the County Land Use Plan,
in order to allow the additional units within this Flexibility Zone,
which are not necessarily needed for Northwood II, but for Spring Lake II,
which is Tract 36, where certain units are desired for transfer.
Lon Rubin, President of H.L.R., Inc., indicated that he reviewed the
City Attorney's memorandum,including recommendations, after intensive
research. He referred to a "Gemmill. Letter",and actions of 7/23/80,
plus a letter of clarification from Mayor Falck. Mr. Rubin said that
it is his battle before the County, as to acceptance of his plat, but
would request that the Council enter into a stipulation, ratifying
everything that commenced in 1976, and continued through July 23, 1980.
Mr. Birken advised that the County Land Use Plan requires proposed Court
Orders, affecting land development, must be submitted to the County
Attorney's office, prior to submission to the Court. Such practice, he
said, has been instituted by the City of Tamarac, since the adoption of
the Land Use Plan.
V/M Massaro said that it was known
with the Court Orders, and did vote
said that assistance was requested
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many years previous, of problems
against it at the time. She also
for determination of the Land Use
10/22/80
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Plan, and Mr. Fletcher was hired for that purpose. But, she said, at
the present time, the City has a good relationship with the County,
and would not want any credibility lost. She also felt that the
handling of this matter, as recommended by Mr. Birken, was proper, be-
cause the City does have the right to appear before the County, in order
to request an amendment to the Land Use Plan. In that manner, she said,
the County would not be circumvented in any way, but would be pre-
senting this through normal channels. She was also not adverse to
Mr. Rubin persuading the County to give him the 25 units, but felt this
would open up a "can of worms".
Mr. Rubin said that 80% of the single-family homes were sold, of the
first 49 units in Tract 36; with those homebuyers anticipating that
construction would begin shortly. He reiterated a request that the
City provide him with the authorization of the resolution on July 23rd,
which would swap the density from Tract 1 to Tract 36, by implementing
this to Judge Weissing. He further stated that amending the Land Use
Plan would involve a one-year process.
Julian Bryan advised that the results of the County requested tabling
of Spring Lake II - Tract 36, until such time as the stipulation is
presented, which speaks to the transfer of units into compliance. He
also said that Mr. Knight indicated that it would be professional cour-
tesy, and they should not be expected to support the stipulation, but
only acquiesce or protest, if it is determined that the transfer of
units was objectionable.
Mr. Birken indicated that he received a call at home, and was advised
that they went through the Court Orders, and would not expect the City
to change whatever was requested two years previous. He further advised
that a provision in Section 5 of the Implementation Section, of the
Broward County Land Use Plan, states "In any legal action challenging
or affecting land development regulations, the unit of local government
shall notice Broward County, and provide copies of any papers served
in connection therewith".
He informed Council that the vested -rights determination, under the
certification process, was done by the County Commission, and not by
the Planning Council.
Tape Mr. Birken felt that Council was the judge of what is required, and not
Side Mr. Rubin. He also indicated that two weeks previous, the City Council
#9 was not furnished the necessary background, which was not an agenda
item. The City Attorney indicated that what is being discussed, is
one of nine parcels. He also understood that Mr. Berk represented
Leadership Housing at the January 30th hearing, which statements were
a matter of record, but was not presently representing Leadership
Housing.
C/M Disraelly advised that input for this item was given to Council
on October 21st, and felt that no judgment should be made this day,
which would give the City Council an opportunity to review everything.
Mayor Falck felt that he would like to explore this item with the
Planning Council, as to jurisdiction; also, stating that Lon Rubin
could appear at this meeting of the Land Use Committee.
C/M Disraelly MOVED to table the item, and V/M Massaro requested that
Mr. Birken submit a further memorandum, as to the effect on the City,
if it were to be approved, and SECONDED the MOTION to table.
Mayor Falck felt that a remedy could be explored as far as the Land
Use Plan concept.
Mr. Berk reviewed the background of the "Gemmill Letter", which re-
lated to recreational and residential use of particular parcels under
the existing Court Order, and the Broward County Code, at that time.
He said that Leadership was to pick-up 200 units on other land they
owned, if rezonings could be effected, once various parcels were dedi-
cated to the City for park and recreational purposes, plus an area for
fire station use.
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Mr. Birken confirmed the fact that Mr. Berk represented Leadership
Housing on January 30, 1979; and, also appeared before the County
Commission. He inquired whether Leadership was satisfied, as to the
number of units in category 3, as determined by the County Commission,
and if it was their intention of contesting the computations at a
later date.
Mr. B e=k felt that because he does not represent Leadership, he could
not define this, but he recollected that when the numbers were adjusted
in five different ways, the bottom line effect to Leadership was approxi-
mately 200 some --odd units. He was not sure of the present day intention
of Leadership, because he does not represent them.
The City Attorney then stated that Mr. Berk could not assure the City
Council as to Leadership requesting modifications, to which Mr. Berk
concurred, and until recently he felt that applications were not going
to be submitted for rezoning.
Lon Rubin stated that he could subscribe to tabling of this item, by
the City Council, which issue was very involved. He requested to not
have this item tabled any further, but to resolve it at the next Council
meeting, because he has 30 homebuyers who are waiting for the start of
construction on their houses.
VOTE: ALL VOTED AYE.
COMMUNITY DEVELOPMENT
21. Medical Arts Building - Discussion and possible action on:
a) Site -Plan
b) Landscape Plan
c) Water and Sewer Agreement
(Tabled from 10/8/80)
SYNOPSIS OF ACTION: (See pages 24
an
Evan Cross said that fees totaling $4954.27 were paid by Dr. Levine,
as per the City Engineer's memorandum, dated 10/3/80.
V/M Massaro indicated that engineering fees are $1784.51, contribu-
tion charges on water and sewer, are $1875.00, with $130.00 per acre
drainage fees, are $89.53; also, the retention amount is $1205.23.
Frank Snedaker, the Architect representing the project, was in atten-
dance.
a) C/M Disraelly inquired of the Architect, as to the walkway to the
entrance of the building, from the handicapped spaces, to which
Mr. Snedaker responded there is a sidewalk with ramp; also, one
on the north side, up to the paved area.
Mr. Snedaker advised that there are street sidewalks on both McNab
Road and 70th Street, with the asphalt sidewalks to be removed,
and five (5) feet concrete walks to be constructed.
C/M Disraelly requested that the median on McNab Road, for the length
of the property, on the north side, be curbed, to which Mr.Snedaker
indicated that it is curbed. He also noted that the dumpster will
be according to Code, with the side opening.
Mr. Evans noted that if the building is over 5,000 square feet, then
a loading zone is required.
C/M Disraelly MOVED for the acceptance of the site plan, as presented.
Mr. Evans reviewed the loading zone requirement, and it was deter-
mined to be necessary.
C/M Disraelly said this building was only one-story, to which the
Vice --Mayor felt that small deliveries were involved. It was deter-
mined to delay this item, until additional research has been made by
the City Planner.
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10/22/80
mr/
LLI
LEGAL AFFAIRS
33. Woodmont - Tracts 74 and 75 - Private Streets - Temp.
Discussion and possible action to approve Stipulation
#72-11731 and authorizing the City Attorney to execute
of the City. (Tabled from 10/8/80)
SYNOPSIS OF ACTION: To be heard
on Monday, 10 27 80.
Reso. #1661 -
#4 to Case
same on behalf
The City Attorney read Temp. Reso. #1661, and advised that Council
authorized many areas of the stipulation, prior to approval of the
plat and site plan for the project. He stated that in paragraph 4,
language as to guardhouses has been enumerated, and a determination
would be required by Council, for correction on guardhouses in the
site plan, or the stipulation should be approved.
C/M Disraelly said it has been indicated that the guardhouses are
to be in the median within one hundred. (100) feet of the entry, but
has not had the opportunity to review this.
Julian Bryan represented Mr. Rissman for Tracts 74 and 75, and felt
that reference was being made to LaForet, which plat was on record.
He indicated there is a 100 foot entry in the site plan, which was
approved by the Planning Commission, and tapers down to an 80 foot
wide right-of-way, and ultimately tapers into a 50 foot right-of-way.
The purpose of that taper, he said, was to permit two lanes of ingress
and two lanes of egress at the major entry, with the guard structure
in the median, which is practical from the standpoint of traffic control.
Mr. Bryan said there is a 12 foot median, two 24 foot lanes of pavement,
which is 58 to 60 feet, and there was still 15 or 20 feet of grassed
area on either side.
Mr. Bryan said that with an approved plan for private streets, that
would be under the control and jurisdiction of the homeowners associa-
tion, it would appear to be proper, because it would not involve lia-
bility. He also indicated this would not involve restrooms, because
within 100 feet of the structure, the cabanas and restrooms for the
Phase I rec facility were located directly north.
C/W Kelch said that she was concerned with accessibility to emergency
vehicles, but was completely satisfied at this time, and would not
object to this arrangement.
V/M Massaro felt that an opportunity for review should be given to
C/M Disraelly, to which Mayor Falck designated the reconvened meeting
of 10/27/80, at 9:30 A.M.
COMMUNITY DEVELOPMENT
21. Medical Arts Building - Discussion and possible action on:
a) Site Plan
b) Landscape Plan
c) Water and Sewer Agreement
SYNOPSIS OF ACTION: a) Approved, as Amended;
b) Approved, with conditions; c) Approved;
(See page 23)
a) Mr. Cross advised that the site plan will have to be resubmitted,
due to the requirement of a loading zone.
Tape C/M Disraelly MOVED for the approval of the site plan, as amended,
Side and C/W Kelch SECONDED.
#10
VOTE: ALL VOTED AYE.
b) C/M Disraelly advised that the landscape plan has been reviewed
by staff, and approved by the Beautification Committee, with an
excess number of trees, and some islets will have to be removed,
where the sidewalk goes in; also, the planting will go around the
new revised loading zone, and so MOVED. V/M Massaro SECONDED the
motion.
VOTE: ALL VOTED AYE.
S0N
10/22/80
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c) Mr. Birken advised that the agreement was standard, and has been
fully executed.
V/M Massaro MOVED to adopt the Water and Sewer Developers Agree-
ment, and C/M Disraelly SECONDED, with fees having been paid.
VOTE: ALL VOTED AYE.
53. Technical Assistance in Evaluation of Proposals for Computer Hardware -
Discussion and possible action.
SYNOPSIS OF ACTION: City Manager authorized to
hire Alexander Grant, as the technical expert
to evaluate bids for the computer. (See page 13)
Steve Wood, the Finance Director, said that he was requesting authoriza-
tion to hire some technical expertise to look after the City's interest,
as relates to a pre -conference meeting being held on Monday with the
vendors, for continually overseeing the evaluation process on the
proposals for the computer system. This, he said, would be for tech-
nical advice in regard to the hardware specifications from the vendors.
Mr. Wood advised that the Alexander Grant Consulting Division, in
their Management Information Service Division, has indicated that a com-
po.site rate of $55/hour, they could provide the City with the service.
He said they have different rates for various individuals, and with
everyone that was concerned in this service, the $55.00 an hour would
be the composite figure, with a maximum of $2,000.00.
Mr. Gross said this would involve the acceptance or rejection of the
bids.
Mr. Wood said the monies would come from the monies allocated for
the computer system.
C/M Disraelly MOVED that the City Manager be authorized to hire
Alexander Grant, to serve in technical expertise, for evaluation
of the bids submitted for the computer, at a composite rate of $55.00
per hour, and not to exceed the sum of $2,000. C/M Zemel SECONDED.
VOTE: ALL VOTED AYE.
MEETING WAS RECESSED AT 6:00 P.M. TO MONDAY, 10/27/80, AT 8:30 A.M.
MA
ATTEST:
W_all�
ASSISTANT CITY CLERK
This public document was promulgated at a cost of $ �. dr
P P g / or $ O. FO
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.
APPROVE
CITY COUNCIL ON
0�70
10/22/80
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