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HomeMy WebLinkAbout1983-11-09 - City Commission Regular Meeting Minutes44 a '�IQR�OP P O. BOX 25010 TAMARAC. FLORID 33320 FIRST CLASS MAIL CITY OF TAMARAC, FLORIDA CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY, NOVEMBER 9, 1983 CALL TO ORDER: 9:30 A.M. ANNOUNCEMENTS 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 research. Council may agendize by majority consent matters of an urgent nature which have come to Council's attention after publication. BOARDS AND COMMITTEES 1. Recreation Board - Temp. Reso. #2890 - Discussion and pos- sible action to appoint one member to this board (tabled from 10/26/83). 2 3. LIM 5. Burglar Alarm Review Committee - Temp._Reso. #2907 - Dis- cussion and possible action to appoint five members to this committee. Welcomin Committee - Temp._ Reso. #2910 —Discussion and Possible action to appoint one member to this committee. 11/9 - Pg. 2 TABLED. 11/9 - Pg. 31 APPROVED and appointed five members. 11/9 - Pg. 3 APPROVED, appoint Margot Greene. cussion and �vss�ble�action�to-appopntRmem #2911 - D7s- 11/9 -- Pg. 3 Investment Advisory _ o, '�o members to this TABLED to next committee. regular meeting. 11/9 - Pg. 3 Pl anni n Commission - Announcement of vacancy of one regular Announcement madE term and one alternate term. appointment to be made at next If anyone is interested in serving on this committee, please regular meeting. contact the City Clerk's office for an application. Appointments of residents _by Ci t Council. - Temp. Ord. #1073- 11/9 - Pg. 3 Discussion and possible action to provide that all people-— APPROVED on appointed by the Council to boards and committees in the First Reading. future shall be residents of the City of Tamarac. First Reading. CONSENT AGENDA 7. Items listed under Item .#7, Consent Agenda, are viewed to be routine and the recommendation will be enacted by one motion in the form listed below. There will be no separate dis- cussion of these items. If discussion is desired, then the item(s) will be removed from the Consent Agenda and will be considered separately. a) Minutes of 9/26/83 - Special Meeting - Approval re- commended by City Clerk. b) Minutes of 9/26/83 - Budget Hearings (1:00 P.M.) - Approval recommended by City Clerk. 11/9 - Pg. 4 a) through k) APPROVED. PAGE TWO c) Alan F. Ruf - Consultant City Attorney - 11/4/83 - $3,380.86 - Approval recommended by City Attorney. d) Richard S. Rubin - Consultant City Planner - Services for October, 1983 - $2,250.00 - Approval recommended by City Manager. e) Mitchell Ceasar - Grants Consultant - Retainer for October, 1983 - $1,250.00 - Approval recommended by City Manager. f) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 10/18/83 - Project 1710-0, Statement 40 - $1,530.50 - Approval recommended by City Engineer. g) Alexander Grant & Company - Auditors - Progress billing for services regarding financial statements as of 9/30/83 and preparation of report - $5,500.00 - Approval re- commended by Finance Director. h) Ambulance Vehicles - Authorization to purchase two (2) Type III Rescue Ambulances under County bid contract from E.V.F., Inc., at a unit price of $39,493.00, a total price of $78,986.00,to be paid from Fire Department/ Federal Revenue Sharing Funds. i) Lt. Kenneth Woodall - Approval of Agreement between the City and this police employee regarding training at the FBI Academy. j) Bid Award - Cypress Creek Commons Docks - Approval to extend the tabling action to the meeting of 12/l/83. See Page One. k) Woodmont Tract 59 - Acceptance of Water and Sewer Bill of Sale - Approval to extend the tabling action to the meeting of 12/l/83. GENERAL ADMINISTRATIVE/FINANCIAL 11/9 - Pg. 4 AUTHORIZATION t 8. Tamarac Park - Concept Plans for Recreation Building - Status proceed granted report b Ma or Falck - Discussion and possible action. 9. Broward League of Cities Business - Discussion and possible action. LEGAL AFFAIRS and action regarding status report and - Discussion 0.FloridaiConsumer Federation vs. f -Possibleg g report and offers for settlement of the lawsuit. 11/9 - Pg. 12 Report given by C/M Kravitz. 11/9 - Pg. 15 Settlement to b denied; negotia tions to be continued. 11. Eastern Portion of Tamarac - Temp. Reso. #2909 - Discussion 11/9 --Pg. 12 and possible action to encourage Broward County Commissioners APPROVED, as to rezone Petition #31-Z-83 from A-1 (Agriculture) to "Office amended. Park" zoning district. 12. possible actionto amend -alarm user #2912 - Discussion and Burglar Alarm User _ _Temp. permit fees. PUBLIC HEARING - 2:00 P.M. 13. Lakeside Apartments/Lakeside Plaza - Temp. Ord. #1071 - Dis- cussion and possible action on vacation of a road right-of- way on the west side of State Road.7, at the north City limit line, adjacent to these projects. Second Reading. 11/9 - Pg. 17 a)Temp.Ord. # 1075 APPROVED o First Reading. b)Temp.Reso.# 2912 TABLED to 12/1. 11/9 - Pg. 19 TABLED. COMMUNITY DEVELOPMENT PAGE THREE 14. Land Section 7 - Interim re ort by City Planner - Discussio and possible action. 15. Isles of Tamarac - Model Sales Facility - Discussion and possible action to renew a model sales permit and waiver of the 300-foot distance requirement for certificates of occupancy. 16. Southgate Gardens East/Mission Lakes - Model Sales Facilit Discussion and possible action to renew a model sales permi and waiver of the 300-foot distance requirement for cer- tificates of occupancy. 17. Woodmont Tract 68 -- Model Sales Facility - Discussion and possible action to renew a model sales permit and waiver of the 300-foot distance requirement for certificates of occupancy. 18. Brookwood Gardens/Lake Colon - Model Sales Facility - Dis- cussion and possible action to renew a model sales permit and waiver of the 300-foot distance requirement for cer- tificates of occupancy. 19. Tamarac Gardens - Model Sales Facility - Discussion and pos sible action to approve a second model sales facility at this project. 20. Kings Point Professional Plaza - Discussion and possible action on: a) Release of five performance bonds posted for public improvements subject to receipt of one-year warranty bonds - Temp. Reso. #2920. b) Acceptance of Bill of Sale for the water distribution anc sewage collection system improvements - Temp.Reso. #2921. 21. Centra Care Medical Center - Temp. Reso. #2913 - Discussion and possible action to accept a water utilities easement. 22. Lakeside at Tamarac - Revised Site Plan - Temp. Reso. #2914- Discussion and possible action to approve a revised site plan for a fence on the north property line. 11/9 - Pg. 10 TABLED. 11/9 - Pg. 12 APPROVED for 6 months. 11/9 - Pg. 8 APPROVED for 6 months. 11/9 - Pg. 8 APPROVED for 6 months. 11/9 - Pg. 1.2 APPROVED for 6 months. 11/9 - Pg. 29 APPROVED for 6 months, with review for renewal. 11/9 - Pg. 29 a) APPROVED, as amended. b) APPROVED. 11/9 - Pg. 12 APPROVED. 11/9 - Pg. 22 TABLED. 23. Richwa Department Store - Discussion and possible action on:11/9 - Pg. 28 a Revised site plan reflecting ingress/egress to Ambassador a) and b) Savings & Loan - Temp. Reso. #2915. APPROVED. b) Acceptance of an ingress/egress easement - Temp. Reso. #2q1 F — - 1.L/ 7 -- rg . zu 24. Ambassador Savi n s & Loan - Discussion and possible action a) APPD.w/cons. o n : b) HELD for rec( a) Site Plan - Tem . Reso. #2917 vened mtg. b) Landscape Plan .c) APPROVED c) Water and Sewer Developers Agreement 25. St. Malachy Catholic Church -w Discussion and possible actior a) Site Plan - Temp. Reso. #2918 b) Landscape Plan c) Water and Sewer Developers Agreement d) Acceptance of utility easement - Temp. Reso. #2919 26. Woodmont Tract 71(Golf Pointe) Discussion and possible action on: a) Revised site plan for a community pool on Lot 37 - Temp. Reso. #2905 (at the corner of NW 84 Terrace and NW 83 Avenue) (tabled from 10/26/83) b) Renewal of a model sales permit and waiver of the 150- foot distance requirement for Certificates of Occupancy. 11/9 - Pg. 7 a) , b) , c) , and d) APPROVED. 11/9 - Pg. 24 a) APPROVED with conditions b) APPROVED for 6 months from 11/12/83. PAGE FOUR 27. Color West Country Club - Barricades adjacent to mainten- 1.1/9 -- Pg. 22 ance road - Status report, and discussion and possible REMOVED from action. A enda. 28. Drainage__Imp_rovements in the City - Discussion and possible 11/9 - Pg. 23 a c t i o n. Reports given. No action. REPORTS 11/9 - Pg. 31 29. City Council Reports given. 11/9 - Pg. 33 30. City Manager No Report. 11/9 - Pg. 33 3'.. City Attorney _Report given. Item No. 32 will be considered at a keconvened Council Meeting_ scheduled for Monday, November 14, 1983 at 2:30 P.M PUBLIC HEARING—`--------__ --____ ____ 32. Pension Plan - Temp. Ord.T#1023 - Discussion and possible 11/14 - Pg. 1 action to amend the employee retirement plan concerning the APPROVED, as "Plan Year", the normal retirement date and benefit for amended, on police officers and firefighters, member contributions, dis- Second and ability benefit and Medical Board. Second Reading. Final Reading. (approved on first reading 4/27/83) City Council may consider such other business as may come before it. Pursuant to Section 286.0105, Florida Statutes, if a person decides to appeal any decision made by the City Council with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. CITY OF TAMARAC Carol A. Evans Assistant City Clerk It has been determined that due to the Thanksgiving holidays, the Regular City Council meeting scheduled for Wednesday, November 23, 1983, will be opened at 9:30 A.M. and is expected to be immediately recessed to 9:30 A.M., Thursday, December 1, 1983. Following are the residential and -commercial zoning districts in the City: R-1 - Single Family Residence B-2 - Planned Community Business R-IB & B-3 - General Business R-IC - One -Family Dwelling B-5 - Limited Business District R-2 - Two -Family Dwelling B-6 - Business District RD-7 - Two -Family Dwelling S-1 - Open Space/Recreational R-3U - Row House I-1 - Institutional R-3 - Low Density Multiple Dwelling M-1 - Light Industrial RM-5 - Residential Multi -Family M-2 - Medium Industrial Dwelling A-1 - Limited Agricultural RM-10 - Planned Apartment A-5 - Agricultural/Excavation R-4A - Planned Apartment T-1 - Trailer Park District R-5 - Motel/Hotel B-1 - Neighborhood Business 33. Canal Excavations for 'Tracts 12, 13 and 13A at Kings Point Project - Discussion and possible action. ^ 34. F & R Request for Meter - Discussion and possible action. 35. Payment to Miller & Meier - Discussion and possible action. 36. Contract Renewal with Mitch Caesar - Temp. Reso. #2924 - Discussion and possible action. 37. Woodmont Tract 54 - Disposition of Warranty Bond. 38. Fairways III - Disposition of Warranty Bond. 39. Monies Received From Employees for Chtistmas Part - PAGE FIVE 11/9 - Pg. 1$ Report to be submitted. 11/21- Pg. I" APPROVED, with conditions. 11/9 - Pg. 22 APPROVED. 11/9 - Pg. 9 APPROVED, with provision. 11/21 - Pg,. 2 APPROVED. 11/21 - Pg.-3 APPROVED. 11/14 - Pg. 5 Authorization given to open account for this purpose. CITY OF TAMARAC, FLORIDA REGULAR CITY COUNCIL MEETING November 9, 1983 ape CALL TO ORDER: Mayor Falck called the meeting to order on Wednesday, 1 November 9, 1983, at 9:30 A.M. in the Council Chambers. ROLL CALL: PRESENT: Mayor Walter W. Falck Vice Mayor Helen Massaro Councilman Philip B. Kravitz Councilman David E. Krantz Councilman Jack Stelzer ALSO PRESENT: Steve Wood, Acting City Manager Jon M. Henning, City Attorney Carol A. Evans, Assistant City Clerk Patricia Marcurio, Secretary MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Falck called for a Moment of Silent Meditation followed by the Pledge of Allegiance. 33. Canal Excavation for Tracts 12, 13 and 13A at Kings Point Project - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. See Pages 18 & 19). V/M Massaro MOVED to Agendize by Consent the canal excavation for Tracts 12, 13 and 13A at Kings Point Project, discussion and possible action. SECONDED by C/M Krantz. ►yrfil-� ALL VOTED AYE 34. F & R Request for Meter - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. See Page 30). V/M Massaro MOVED to Aqendized by Consent discussion and possible action to be recessed to a Reconvened Meeting on 11/17/83. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 35. Pa meat to Miller & Meier - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. See Pages 22 & 23). V/M Massaro MOVED to Agendize by Consent discussion and possible action concerning navment of a bill to Miller & Meier, SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE 12. Burc,Zlar Alarm User Fees - Temp. Reso. #2912 - Discussion and possible action to amend alarm user permit fees. a) Temp. Ord. #1075 - Discussion and possible action to amend Burglar Alarm User Fees. SYNOPSIS OF ACTION: a) Agendized by Consent. See Pages 17 & 18). 11/9/83 /pm V/M Massaro MOVED to Agendize by Consent discussion and possible action on a) Temp. Ord. 1075 - to amend Burglar Alarm User Fees, SECONDED by C/M Kravitz. vnTF ALL VOTED AYE 36. Contract Renewal- with Mitch Ceasar -.Temp._ Reso. #2924 ­' Di s- cussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. See Pages 9 & 10). Mr. Henning said he was contacted by Mitch Ceasar, Grants Consultant, advisino him that his annual agreement expires on 11/21/83 and he would like consideration of renewal of the agreement. He said the agreement has the same terms and conditions as the present agreement except that Mr. Ceasar would like to have a longer cancellation clause. C/M Krantz MOVED to Agendize by Consent discussion and possible action on Temp. Reso. #2924, SECONDED by V/M Massaro. VOTE: ALL VOTED AYE 37. Woodmont Tract 54 - Disposition of Warrant Bond - Temp. Reso. iscussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. See Page Steve Wood referred to a memo to the City Clerk from the City Engineer requesting this be Agendized by Consent and V/M Massaro so MOVED. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 38. Fairways III_ - Disposition of Warrant Bond - Temp. Reso. #2923 - 7sL�cususfion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. See Page 23). V/M Massaro MOVED to Agendize by Consent discussion and possible action on the Fairways III disposition of a warranty bond, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE Mayor Falck noted that the Council meeting scheduled for 12/14/83 will begin at 9:00 A.M. so that Judge Shutter can appear before Council. Mayor Falck said because of the outstanding financial report that was completed last year by the City's Finance Department, they have received a Certificate of Conformance, which he read into the record. He officially presented this to Steve Wood, Finance Director, Linda Schreiber -Baker, Deputy Finance Director, Stephen Gould, Accounting Supervisor and Phil McLennan, Accountant,and commended them for their efforts. BOARDS AND COMMITTEES 1. Recreation Board - Temp.Reso. #2890 - Discussion and possible action to appoint one member to this board (tabled from 10/26/83). SYNOPSIS OF ACTION: TABLED for receipt of more applications. - 2 - 11/9/83 /pm Jon Henning read the Resolution by title and C/M Kravitz said as liaison to Parks and Recreation, there have only been four applica- tions received and he MOVED to TABLE this Item to allow time for receipt of more applications. SECONDED by V/M Massaro. VOTE: ALL VOTED AYE 3. Welcoming Committee - Tem Reso. #2910 - Discussion and possible action to appoint one member to this committee. SYNOPSIS OF ACTION: Margot Greene RESOLUTION NO. R-83- _;?� c > PASSED. was appointed for a term to expire 5/11/84. Mr. Henning read the Resolution by title and C/M Kravitz said several applications have been received and they have all been interviewed. He said he and the Committee nominate Yetta Robbins. V/M Massaro nominated Margot Greene and Mayor Falck closed the nominations with no further response. Vote: Mayor Falck - Margot Greene V/M Massaro - Margot Greene C/M Kravitz - Yetta Robbins C/M Krantz - Margot Greene C/M Stelzer - Yetta Robbins V/M Massaro MOVED the ADOPTION of Temp. Reso. #2910 appointing Margot Greene to the Welcoming Committee for a term to expire on 5/11/84. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 4. Investment Advisory Committee - Temp, Reso. #2911 - Discussion and possible action to appoint members to this committee. SYNOPSIS OF ACTION: TABLED to the next regular meeting for more applications. Jon Henning read the Resolution by title and V/M Massaro MOVED to TABLE this Item to the next regular meeting to get more applications, SECONDED by C/M Stelzer. vnTF- ALL VOTED AYE 5. Planning Commission - Announcement of vacancy of one regular term and one alternate term. SYNOPSIS OF ACTION: Announcement was made and Council will take action at the next regular meeting. Mayor Falck officially announced the vacancy and said Council will take action at the next regular meeting. 6. Ap_goi_ntmen_ts of residents by City Council - Temp. Ord. #_1.073 - Discussion and possible action to provide that all people appointed by the Council to boards and committees in the future shall be residents of the City of Tamarac. First Reading. SYNOPSIS OF ACTION: APPROVED on first reading. - 3 - 11/9/83 /pm PF Jon Henning read the Ordinance by title and C/M Krantz MOVED APPROVAL of Temk. Ord. #1073 on first reading, SECONDED by C/M Stelzer. VOTE: ALL VOTED AYE CONSENT AGENDA 7. Consent Agenda - a) Minutes of 9/26/83 - Special Meeting - Approval recommended by City Clerk. b) Minutes of 9/26/83 - Budget Hearings (1:00 P.M.) - Approval recommended by City Clerk. c) Alan F. Ruf - Consultant City Attorney - 11/4/83 - $3,380.86 - Approval recommended by City Attorney. d) Richard S. Rubin - Consultant City Planner - Services for October, 1983 - $2,250.00 - Approval recommended by City Manager. e) Mitchell Ceasar - Grants Consultant - Retainer for October, 1983 - $1,250.00 - Approval recommended by City Manager. f) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 10/18/83 - Project 1710-0, Statement 40 - $1,530.50 - Approval recommended by City Engineer. g) Alexander Grant & Company - Auditors - Progress billing for services regarding financial statements as of 9/30/83 and pre- paration of report - $5,500.00 - Approval recommended by Finance Director. h) Ambulance Vehicles - Authorization to purchase two (2) Type III Rescue Ambulances under County bid contract from E.V.F., Inc., at a unit price of $39,493.00, a total price of $78,986.00, to be paid from Fire Department/Federal Revenue Sharing Funds. i) Lt. Kenneth Woodall - Approval of Agreement between the City and this police employee regarding training at the FBI Academy. j) Bid Award - Cypress Creek Commons Docks - Approval to extend the tabling action to the meeting of 12/l/83. k) Woodmont Tract 59 - Acceptance of Water and Sewer Bill of Sale - Approval to extend the tabling action to the meeting of 12/l/83. SYNOPSIS OF ACTION: APPROVED Items a through k). C/M Kravitz MOVED APPROVAL of Items a) through k). V/M Massaro asked Steve Wood, concerning Item j), whether an extension had been made to the City's grant. Mr. Wood said he has been told that Greg Turek, Public Works Director, has been working on an extension for this. V/M Massaro requested Mr. Wood follow this up and he concurred. Melanie Reynolds, Charter Board member, said she objected to initials being used on Alan Ruf's bill and the payment to these people being the same as that to the Consultant City Attorney. Mr. Henning said that Mr. Ruf's firm is a Professional Association and he volunteered to clear this matter up. C/M Krantz SECONDED V/M Massaro's MOTION. VOTE: ALL VOTED AYE GENERAL ADMINISTRATIVE/FINANCIAL S. Tamarac Park - Concept Plans for Recreation Building - Status report by Mayor Falck - Discussion and possible action. SYNOPSIS OF ACTION: The City Planner was authorized to proceed with the plan as submitted and the Chief Building Official is to oversee the construction of the facility as outlined. Mayor Falck said he worked with Richard Rubin on this. Mr. Rubin said this is a realistic program of the basic needs the Tamarac Advisory Board and the staff would recommend be placed at Tamarac Park. There are needs in the total community for recreation, however, based upon the limited size and the amount of facilities in Tamarac Park, there - 4 - 11/9/83 /pm is not adequate area to provide all the needs of the community. Mr. Rubin said Tamarac park is 10.4 acres in size and most of the area is totally developed, however, there are three areas that are vacant, the ecology area behind the elementary school that the City has limited access to, the area front along University Drive, and the area where the trailer and the recreation building are presently located. Mr. Rubin said based upon the uses and the limited access on University Drive, the only logical place for a facility would be at the end of the parking lot at the same location where the trailer is located now with the playground on one side, the fence for the baseball field on the other side, the parking lot on the east side and the amount of area left, between 3,000 and 5,000 square feet could be developed. Therefore, he said, they have prepared a second drawing demonstrating what could be placed in that area. The type of facility they would recommend is a basic two story structure that would have a primary purpose of serving the lono-term needs for this park. He said the long-term needs would be offices to regulate and monitor the use of the park, an open area for interior -type activities such as ping pong, pool tables, social gatherings, dances, etc. and open areas that would have a multitude of purposes. The type of activities that could be used there in the interim would be activity rooms for the various boards in the City with offices below that would provide them the telephones and air conditioning they would need. C/M Krantz asked what would be on the second floor and Mr. Rubin said the plan shows offices and meeting rooms and downstairs would be storage room and open area for activities such as dances, etc. He said he does not believe the first phase could include toilets because they have not done a final cost estimate and it would just be a large two story building with windows and floors that could be expanded as the City grows, adding internal furnishings to make a full service building. C/M Kravitz asked if they have any idea of approximate cost and Mr. Rubin said it is suggested that an'estimate of $200,000 be placed at this facility based upon approximate costs of $30 per square foot plus for 6,000 to 8,000 square feet of room. Mr. Rubin said this is preliminary and if Council endorses the concept today, he will prepare a cost estimate as well as a feasible method to see that this is constructed at a reasonable pace. The cost does not include profit, or the frills of a totally furnished build- ing. One of the alternatives, he said, is that the City is consider- ing providing in-house work forces using outside sub -contractors, to see that it is constructed. He said other cities have determined that using their own people saves and the bonding requirement is removed. He said to protect themselves, those cities contracted with adjacent cities to perform all building and fire inspections to conform to the South Florida Building Code. C/M Kravitz asked if a referendum would be needed for a total package and Mr. Rubin said if Council endorses this concept today, that question will be answered when final recommendation is requested. He said the goal is to have a facility that will meet the r1tv'S needs without a referendum. V/M Massaro said, hopefully, there will be at least one meeting room for adults for various times that the Tape public desires to meet as well as something for the teenagers to 2 utilize at once. She said if this goes to referendum it could take a long time and the City has a future City Hall Complex site with a Community Center proposed. She said the plan should have all activities on the first floor with meeting rooms on the second floor and she felt the observation space should be eliminated and the bottom should be expanded because storage space is needed. She said a staircase should be located with a ramp and platform. She said the present snack bar and toilet facilities could be used temporarily until the City can afford to add these facilities to the building. - 5 - 11/9/83 /pm C/M Stelzer asked how the Recreation Director feels about this concept plan and'Doug Christy, member of the Recreation Board, said speaking with the concensus of the Board, they are delighted to see that something is being done and they all agree the location of the existing trailer is the superior site. He said they recognize the limitations of space at that site and endorse the concept of having two stories and they came up with the term satellite. He said this will meet some needs of the Board currently and in the near future, when a Community Center is constructed on the City Hall site, this will still meet additional needs. He said there are still some unanswered questions concerning how open the bottom floor should be versus enclosure considering safety for the Police patrol to view the parking lot, etc. He said there are other ideas but they want to keep cost below the level that might require a referendum because of the time advantage without one. Mr. Christy said there is a concept of a scoreboard that could be included and Mr. Rubin said this would be acceptable if it could be fit into the budget. He said the way the two baseball fields are located, one two-story structure located halfway between the fields, could have a scoreboard if there were windows on the second floor and a public address system there. He said this would require the building to be standing across from the snack bar and this is a cost constraint to determine if it could be placed within a budget of $200,000. V/M Massaro said the Kiwanis have volunteered to spend approximately $100,000 for this purpose and she suggested the Board contact them concerning this. Mr. Christy agreed with V/M Massaro that most activities should be planned for the downstairs level. He said the Tamarac Athletic Federation has expressed their feelings that the greatest need for them at the park would be a scoreboard and they were considering working with the funds generated from the concession stand for this purpose. Sharon Ellis, Recreation Director, thanked Mr. Rubin for his assist- ance in presenting this concept plan which presented the needs of the Board realizing the expenditures that the Board had to work with. She said they had asked the City Planner to design this to include removing the refreshment stand if possible. She said the Recreation Board has been working with Richard Entin of the Kiwanis and she said there are 9 different leagues that meet at Tamarac Park and there is not one scoreboard that would fit all the needs there. She said they had contemplated 4 scoreboards at various places in the park. She said Tamarac Park has the lowest rate of vandalism in Broward County because of the staff there since it is monitored almost constantly. V/M Massaro said Council should consider building this with sub- contractors under the supervision of the Chief Building Official. Arthur Gottesman, Planning Commission member, asked if the parking has been considered since there is limited parking space there now. Mayor Falck said the problem is not insufficient parking as much as improper parking. Mrs. Ellis said when they anticipate an overload of cars, they ask permission from the School Board to use the school facilities. Morton Student asked if it would be feasible to get a grant for this and Council said no. Mayor Falck said the motion should authorize the City Planner to proceed with the plan that he has submitted which would include the use of the Chief Building Official to oversee the construction and the building of the facility. V/M Massaro said that the plan in general is acceptable except that the activities must be confined to the lower floor with the meeting rooms upstairs and she so MOVED. SECONDED by C/M Krantz. She added to her MOTION that this should be received from Richard Rubin not later than 12/1/8.3. VOTE: ALL VOTED AYE - 6 - 11/9/83 /pm COMMUNITY DEVELOPMENT 25. St. Malachy Catholic Church - Discussion and possible action on: a Site Plan - Temp. Reso. #2918 b) Landscape Plan c) Water and Sewer Developers Agreement d) Acceptance of utility easement - Temp. Reso. #2919 SYNOPSIS OF ACTION: a), b), c) and d APPROVED as submitted. RESOLUTION NO. R-83-4;�® IF PASSED. RESOLUTION NO. R-83 o 0 PASSED. a) Jon Henning read the Resolution by title and Richard Rubin said the Archdiocese of Miami has proposed to provide a parish center and school to be located at the St. Malachy Church site on University Drive and 61st St. He said Mr. Baker, their architect, has worked very closely with the City to be certain that their plans totally comply with the City's Code. He said there are two new fire hydrants being added, the parking is increased to satisfy the needs of all the facilities and the applicant is asking for approval for the first phase of their overall program. V/M Massaro questioned if the necessary checks were submitted and Monsignor Donnelly gave a check to the Assistant City Clerk: $12,240.00 - Water & Sewer Contribution 160.16 Drainage Improvements 12,400.16 - Total Mr. Rubin said the existing Church is located at the northwest corner of the property and they are planning to build a parish facility, social hall and an administrative building with two wings of school classes at the southeast corner of the property. He said the rest of the property which is east and north will be grassed in now for recreation and there will be a second phase of classrooms that are planned and will come before Council in the future. He said there are 9 classrooms planned on this first phase, about 12,000 square feet which includes a library. He said the staff has reviewed the application and recommends approval and the City Engineer feels the first driveway off of University Drive will be too close to the traffic light and he recommends closing this driveway off and opening the driveway at the east end to allow the cars to go out farther away from University Drive. Richard Baker, architect for the applicant, said this driveway coming out of the south end of the front parking lot was reviewed by Monsignor Donnelly and himself and they agreed that it is a safety problem. V/M Massaro asked the City Planner what is planned for the area that the Church has dedicated to the City and Mr. Rubin said they have already recognized in this drawing that this roadway will be dedicated and moved up and, therefore, they have shown on the final site plan that they will remove some parking spaces and re- locate them. V/M Massaro said the City has been in touch with DOT and, inasmuch as the City cannot get the dedication from the other side of this area, a traffic light is needed there because of the danger. She said DOT has indicated to her that the approximately $80,000 planned for roadwork will be negligible now and, they said if the City purchases the material they will do the work. She said they have indicated that they will furnish the traffic light if the City pays for the installation. She said she wanted the architect to consider the fact that this roadwork will be done simultaneously so that those parking lots must be considered. Mr. Rubin said the site plan shows a shaded area reflecting the changes that will be needed and the Planning Commission stipulated that when the sidewalk is installed, the pole with the traffic light will not interfere with that sidewalk. V/M Massaro said they will have to discuss this with DOT because the traffic light is not going to be in the same place it would have been had there been the dedication of the land on the southwest corner. 7 - 11/9/83 /pm Mr. Rubin asked Mr. Baker to initial the changes on the site plan and Mr. Baker did so. C/M Krantz asked Mr. Rubin how the new construction will affect the parking situation and Mr. Rubin said the new construction will totally be taking place on vacant land east of the parking area and new parking is shown on the drawing and it totally satisfies the Code requirement. V/M Massaro. MOVED the APPROVAL of the Site Plan as submitted, adopting Temp. Reso_.�#2918, SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE b) Mr. Rubin said this was reviewed by the Beautification Committee and they recommend approval and the entire area that will not be sodded will be seeded and must be maintained. V/M Massaro asked if the applicant submitted a certified cost estimate and Mr. Rubin said yes. V/M Massaro MOVED the ADOPTION of the Landscape Plan as submitted and the certified cost estimate must be on file with the City. SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE c) Mr. Henning said he reviewed the Water & Sewer Developers Agreement and he recommends approval. V/M Massaro MOVED the ACCEPTANCE of the Water & Sewer Developers Agreement as presented, SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE d) Jon Henning read the Resolution by title and V/M Massaro MOVED the ADOPTION of Temp. Reso. #2919, SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE 16. Southgate Gardens East/Mission Lakes - Model Sales Facility - Discussion and possible action to renew a model sales permit and waiver of the 300-foot distance requirement for certificates of occupancy. SYNOPSIS OF ACTION: APPROVED for 6 months to expire on 5/13/84,as conditioned. V/M Massaro said they have a letter from Toll Development indicating that they would have payment of $6,802.98, which is the amount they are in arrears, submitted to the City by 1/15/84. V/M Massaro MOVED that this extension be granted subject to the payment being made in full by the first January Council meeting or Mr. Toll will be in Tape default and appropriate action will be taken. SECONDED by C/M 3 Krantz. VOTE: ALL VOTED AYE 17. Woodmont Tract 68 - Model Sales Facility - Discussion and pos- sible action to renew a model sales permit and waiver of the 300-foot distance requirement for certificates of occupancy. SYNOPSIS OF ACTION: APPROVED for 6 months to expire on 5/13/84, as conditioned. V/M Massaro said the same situation applies to this model sales permit and the same letter came in. She MOVED that the extension be granted subject to the payment being made in full by the first January Council meeting or Mr. Toll will be in default and appropri- ate action will be taken. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE - 8 - 11/9/83 /pm GENERAL ADMINISTRATIVE/FINANCIAL 36. Contract Renewal with Mitch Ceasar - Temp. Reso. #2924 - Dis- cussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. RESOLUTION NO. R-83-_PASSED. See Page 2). APPROVED agreement with provision for a 60-day cancellation clause. Mitch Ceasar gave a brief update on the Grants for this month: 1. He said he sent a memo to Council concerning the University Drive situation and members of Council have expressed opinions about the inequities of Tamarac's treatment. Fie said they are moving forward and a meeting took place on 11/8/83 and Represent- ative Gustafson, Chairman of the House Transportation Committee, has significant contact with DOT and County Commissioner Craft as well as Legislative Aides and other personnel. At that time, they expressed to those parties exactly what they felt the inequities were and began to develop a strategy on how best to deal with them. He said the University Drive situation is such that cities north and south of Tamarac are having expansion but Tamarac is not. He said this is also significant being on the Sawgrass Expressway because there will be a Commercial Boulevard exit which will also put additional traffic into Tamarac. They are exploring these things further. 2. V/M Massaro said Mr. Ceasar indicated at the 11/8/83 meeting that Commercial Boulevard in all probability will be included in the Sawgrass Expressway. Mr. Ceasar said he cannot say "in all probability" since it is not part of the plans right now but he will be meeting with the Executive Director of the Expressway who is formerly the County Engineer as well as other people in the Departments to see if they can make it part of the Expressway. He said if the City were to expand Commercial Boulevard to accommodate this, it could save the City approximately one million dollars. 3. The City is the recipient of the Senior Employment Program which is composed of retirees working part time within the City. Tamarac has been guaranteed 4 positions and 2 have already been placed. 4. They are looking into installing bathroom and water facilities, fountains, parking lights, etc. in Veterans Park at no expense to the City. 5. V/M Massaro said the Finance Director had indicated that a request has been put in for an extension to the Grant for Veterans Park and she asked if Mr. Ceasar could be helpful in that. Mr. Ceasar said he would be happy to but needs a note from someone detailing it. He said this is important because it is predicated on the City being able to apply for other money. 6. Mr. Ceasar said he is working with Tony Nolan of Williams, Hatfield and Stoner, Inc. for a Utility West project in reference to the City of Lauderhill. 7. He said they are pursuing some money through community affairs for a passive recreation facility in the City. 8. They are pursuing an answer to opting out of the 3-year program for the block grants. Mr. Ceasar said his salary is $15,000 and he is not asking for any increase this year as he has not in previous years and, although there is a clause in the Agreement that any time spent over 50 hours would be billable and there have been months where extra time was allotted, he has never billed the City for one hour over. C/M Kravitz asked it there is a list of outstanding or pending grants for the City and Mr. Ceasar said that is reflected in his monthly memos. C/M Kravitz said he would like to know what is pending today and the chances of receiving an.y of it. Mr. Ceasar said they have already received the Senior Employment and they are applying for the Veterans Park grant. He said they are exploring passive park facilities as well. He said he would outline these further in his next memo to Council. - 9 - 11/9/83 /pm C/M Kravitz asked if there is a list of the grants that Tamarac did receive last year and Mr. Ceasar said he would send Council a listing of the grants, the amounts, the match necessary, etc. C/M Kravitz said he has read that several cities are dropping their Grants Consultants and he asked Mr. Ceasar if, in his opinion, Tamarac would have received grants if he were not the Grants Consultant. Mr. Ceasar said no, previous to his arrival in 1979, he had been told that the City received one grant and that was a time when grants were more accessible because the economy was not as tight. Since he has been with the City, Tamarac has received ten grants and it is more difficult now because of the economy and Tamarac has no depressed economic areas. V/M Massaro said Tamarac has a problem with the Utility as well, there is money available for utility work, but Tamarac i;s.not eligible because the City's utility is in too good a condition. C/M Kravitz said the Agreement is the same as previous years with the exception that Mr. Ceasar wants a 6 month termination clause instead of 30 days. He asked Mr. Ceasar if he would be flexible in this area and Mr. Ceasar said he would compromise at 90 days and the rationale for this is that he is in the process of updating all his contracts and by doing that he would remain consistent. C/M Krantz said he would go along with 60 days and V/M Massaro said this seems to be the consensus of the Council and she MOVED to renew the contract as written with provision for a 60 day cancellation clause, SECONDED by C/M Krantz. Mayor Falck said Mr. Ceasar's connection with the Sawgrass Expressway, which will ultimately affect Tamarac, is very helpful for the City. He expressed his concern about the school busing situation as well as the problems with the Unitary Tax. He said some mention was made about grants for 201 and he said between now and 4/15/84 is a very critical period as far as the City is concerned. He said they have authorized the pursuance of drawings and sketches necessary by the Consulting Engineers and these must be.completed and filed in early January, at which time, if the City qualifies, it will get grant applications. He said he has received information the past week concerning grant money available for the upgrading of sewer lines in the City.and he appreciates Mr. Ceasar's assistance. Vickie Beach, resident, said at the present time there are only 2 cities in Broward County that have a Grants Consultant who represents both. She objected to the City having a Grants Consultant because she said the City Manager should do the grant seeking. Mr. Ceasar said the predominance of his work is for Tamarac and other cities have dropped their Grants Consultants because they have not produced grants for the cities. He said he checked into the feasibility of a grant for the proposed Police facility but was told there is no money for brick and mortar for Police buildings or public safety buildings. VOTE: C/M Stelzer Aye C/M Krantz Aye C/M Kravitz Nay V/M Massaro Aye Mayor Falck Aye Melanie Reynolds, Charter Board member, said the Charter Board should get copies of the grants he has gotten and any further memos, etc. COMMUNITY DEVELOPMENT 14. Land Section 7 - Interim Report by Ci and possible action. SYNOPSIS OF ACTION: TABLED to a future meeting. - 10 - Planner - Discussion 11/9/83 /pm Richard Rubin said Land Section 7 presently has a moratorium placed on it and there are approximately 9 months left. There were certain conditions that the City agreed to during the period of moratorium and the purpose today is to advise Council of the status of the pro- ject and to determine from Council if they endorse the recommendation of the Planning Commission in the way to proceed from this point. Mr. Rubin said Land Section 7 is over 400 acres in size and only one shopping center has been approved presently, the -Market Place in the northeast corner and the rest of the site is vacant. The Planning Commission has made a review of the proper land uses for the parcel and if Council accepts their preliminary recommendation today, staff will proceed with making the final legal documents, land use amend- ments, scheduling required, etc. to proceed with the public hearings. He said the Planning Commission felt: 1. That the plan today does not reflect many changes from the original Land Use Plan. 2. Residential area along McNab Road south of the Isles of Tamarac and the residential area on the south side west of Spyglass should stay residential in design. The original plan showed a school and park site at this location, however, they cannot identify a school site if the School Board does not want it since the property owner is then prevented from utilizing this land. This concept, as proposed, shows there was a total of 1,526 units assigned to this area by the County's Land Use Plan and the density to achieve this drops from 10 dwelling units on the north to 8.33 dwelling units per acre. He said this is better for the type of housing which would be individual town houses or cluster homes, similar to the nature already in the City. 3. The commercial spots on the original plan are endorsed. 4. There is unanimous opinion that there is a need for an office park and the size on the drawing is 100 acres. Members of the public have questioned why this entire area that is not residential cannot be offices and the answer is the over-all area then would be 200 acres in size, based upon the Sunrise Industrial Park to the south and they feel that this is too much office space there since the northern portion would be too far away from an inter- section. Mr. Rubin said they are trying to develop a new term to designate storage, distribution,.high technology, research -type laboratories and there is not a land use category for that as yet in Broward County. He said in the Broward County Land Use Plan, when they designate the area as Industrial, a City may be more restrictive, therefore, Tamarac could restrict this to non -pollutant with no noise, etc. V/M Massaro said it would be appropriate for the City Planner to make a sketch with the suggested zoning shown on it and then a schedule on the side of what would go in density, etc. She said a memo should be given with this sketch for Council's review along with a copy of the minutes from the Planning Commission meetings. Mr. Rubin said the Planning Commission felt if Council approved the concept today, they would prepare the uses. V/M Massaro said Council is in no position to make a judgment today since they have just received the minutes of the Planning Commission this morning and have not had time for ample review. Mr. Rubin requested this Item be tabled until the Planning Commission has had sufficient review and input from the public on this. David Silverglide, resident, asked that the residents of the Isles of Tamarac be notified of the Planning Commission meeting in which this will be discussed and Mr. Rubin said he would do so. V/M Massaro MOVED to TABLE this Item to a future meeting, SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE 11/9/83 /pm 15. Isles of Tamarac - Model Sales Facility_ - Discussion and possible action to renew a model sales permit and waiver of the 300-foot distance requirement for certificates of occupancy. SYNOPSIS OF ACTION: APPROVED for 6 months to expire on 5/12/84. V/M Massaro said the appropriate fee has been paid and she MOVED extension of the model sales permit for 6 months to expire on 5/12/84. SECONDED by C/M Krantz. vnTF- ALL VOTED AYE 18. Brookwood Gardens/Lake Colony - Model Sales Facility - Dis- cussion and possible action to renew a model sales permit and waiver of the 300-foot distance requirement for certificates of occupancy. SYNOPSIS OF ACTION: APPROVED for 6 months to expire on 5/30/84. V/M Massaro said the appropriate fee has been paid and she MOVED extension of the model sales permit for 6 months to expire on 5/30/84. SECONDED by C/M Kravitz. VOTE: PLL VOTED AYE 21. Centra Care Medical Center - Temp. Reso. #2913 - Discussion and possible action to accept a water utilities easement. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-83- [7 PASSED. Jon Henning read the Resolution by title and V/M Massaro MOVED the ADOPTION of Temp._ Re_so_._ #2913 since this utility easement is needed by the City, SECONDED by C/M ^Krantz. Tape VOTE: ALL VOTED AYE 4 GENERAL ADMINISTRATIVE/FINA.NCIAL 9. Broward League of Cities Business - Discussion and possible action. SYNOPSIS OF ACTION:Report by C/M Kravitz. C/M Kravitz said there was an article in the newspaper concerning the City of Margate's concern in reference to Proposition #1 and they are making provisions to cut their budget if this should be passed. He said, although this may be premature, it might be advisable for Mayor Falck to follow this up and report back to Council and the Finance Department so that Tamarac can also be prepared. He said they are awaiting an official report from the last convention and there will be a meeting of the Broward League on 11/17/83. Mayor Falck said he sent Council a report concerning Tamarac's involvement in the Florida League Meeting. LEGAL AFFAIRS 11. Eastern Portion of Tamarac - Temp. Reso. #2909 - Discussion and possible action to encourage Broward County Commissioners to rezone Petition #31-Z-83 from A-1 (Agriculture) to "Office Park" zoning district. SYNOPSIS OF ACTION: APPROVED as amended. RESOLUTION NO. R-83- PASSED. - 12 - 11/9/83 /pm Jon Henning read the Resolution by title and Mayor Falck said there is a hearing scheduled by the County on 11/18/83 and he will be attending on behalf of the Council and also as a resident. He said this is a remaining portion of land that will affect twelve homes if this is rezoned that will allow industry abutting those back yards. He said he is in favor of the zoning remaining as it is presently and this Resolution will help in his presentation to the Commission. V/M Massaro MOVED the ADOPTION of Temp. Reso. #2909, adding that "Introduced by" reflect Mayor Falck's name since he initiated this. SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE Mayor Falck recessed the meeting to 1:30 P.M. for lunch. - 13 - 11/9/83 /pm I 30 BALANCE OF MINUTES BEGIN ON PACE 15 -14- 7­1 r E__] MAYOR FALCK CALLED Tape WEDNESDAY, NOVEMBER 4 WERE PRESENT. LEGAL AFFAIRS THE MEETING TO ORDER AT 1:30 P.M. ON 9, 1983 IN COUNCIL CHAMBERS AND ALL 10. Florida Consumer Federation Vs. Cijy of Tamarac - Discussion and possibleaction regarding status report and offers for settlement of the lawsuit. SYNOPSIS OF ACTION: Settlement offer to be denied. Negotiations to continue, with emphasis on 6:00 P.M. hour. Miss Chris Carsky reported that the case of the Florida Consumer Federation Vs. the Cities of Tamarac, Plantation and Sunrise is scheduled to go to trial within the next few weeks. She said it might be continued, but at this point the plaintiffs have offered a settlement, which she has pre- sented to Council. City Attorney Jon Henning said the settlement offer was in the form of a letter to Mr. James Green, the Attorney for the plaintiff, dated November 3, 1983. Miss Carsky stated that a decision was published last month by the Eighth Circuit Court of Appeals for the Eastern District of Illinois. The case is Acorn, which is a consumers group,Vs. the City of Frontenac, Illinois. She said she discussed this case with Mr. Henning prior to the time she made Motions before the court, as it was in favor of a 6:00 to 9:00 prohibition for solicitation, which is the same issue being tried in the Tamarac law suit. In a January Ordinance, the City -of Tamarac mandated the prohibition that solicitation not be permitted after 6:00 P.M. Miss Carsky stated that the Frontenac case in_..the District ._Court was in Tamarac's favor. She said that Tamarac's case is before the Federal District of South Florida. The Circuit Court in Illinois has recently reversed the Frontenac case and it was published about a month ago and comes down squarely against the 6:00 to 9:00 prohibition. She said there are a few distinguishing features but it is the only Circuit Court announce- ment on this issue and therefore will be binding in this District, unless Judge Eaton decides to make new law in this district. City Attorney Henning said he would explain that the District Courts are the trial courts in the Federal System. The Southern District is basically in Palm Beach, Dade and Broward Counties. The case referred to by Miss Carsky in Illinois, would be on equal footing with the Southern District in Florida. The Illinois case went to the Circuit Court of. Appeals, which is an interim step to the Supreme Court, and that was the ruling that struck down the lower court. Mr. Henning said there are no Circuit appellate cases to govern the South District of Florida. However, if the courts would refer to other areas of the country, they would see that in Illinois, this is the way the Federal Court has ruled. It will be up to Judge Eaton to dissent. to or distinguish the opinion if the City is able to prevail in this case. Mr. Henning said he does not know whether the Illinois case allowed solicitation on weekends and that is what the City of Tamarac felt distinguished its Ordinance. Miss Carsky said she has read the upper and.lower court opinions and she feels the only thing that would distinguish the City's case is that Frontenac allowed solicitation on weekdays until 6:00 P.M. and all day on Saturday; whereas the City of Tamarac allows full weekends as well as holidays. Frontenac did not allow solicitation on holidays either. -15- 11/9/83 /rb r C/M Krantz asked whether divided between the three that the settlement offer the $1,750.00 settlement would be cities; and Miss Carsky stated is with respect to Tamarac only. V/M Massaro asked whether the City of Tamarac is connected with the other cities in any way. Miss Carsky said the City is not connected with the other two cities, and in fact, the suits could be severed for trial. if they are, while the ether cases are being tried, Miss Carsky said she would not be required to be present and the City of Tamarac would not be liable for attorney fees for the other cities. V/M Massaro said she feels the City should not settle this case and Mayor Falck said he would agree with the Vice Mayor. V/M Massaro said she feels there are good reasons for the City to not permit solicitations after 6:00 P.M. as there is a lot of crime in the general area, though not specifically in Tamarac. She pointed out that there are many widows in the City who live alone and most of the residents of Tamarac are senior citizens. She said after 6:00 P.M. it is dark and people who live alone will not open their doors to strangers. V/M Massaro said she does not believe a court would require the City to permit solicitations after 6:00 P.M. and it is worth spending the legal fees in an attempt to protect the residents of Tamarac. Mayor Falck said he would agree with the Vice Mayor and he feels the City should not be required to make -a commitment for thirty consecutive days for the next three years as. even during Daylight Savings Time, it is dark before 9:00 P.M. V/M Massaro said she feels the City is being lenient by allowing solicitation until 6:00 P.M. She mentioned that Council could obtain the figures on how many senior citizens and widows reside in the City of Tamarac. C/M Krantz said there are 80o senior citizens in Tamarac. Miss Carsky said she has those figures but does not have the breakdown; and V/M Massaro said Council could obtain that infor- mation, if it would be worth while. C/M Krantz commented that Tamarac is unique in comparison to other cities; and V/M Massaro agreed. Attorney Denning said the City could turn down the settlement offer or make a counter--offer-and the Mayor said he is concerned about the time element, -as the $l-7-50._0U­is nsignf-icant. V/M Massaro said she would MOVE that the settlement offer be denied and that Miss Carsky continue defending the City in the manner that the City Attorney in conjunction with Miss Carsky, determine to be the proper way to go, with the emphasis on 6:00 P.M., and taking heed of the various things mentioned that make Tamarac a little unique from other cities. SECO14DED by C/M Krantz. C/M Stelzer asked whether it is requested that solicitation be permitted on weekends; and Miss Carsky stated she has been advised they do not solicit on weekends. Mayor Falck said he is against solicitation for thirty consecutive days. Miss Carsky said it is possible they would be in the City for less time, but it is her understanding that is irrelevant. _ -16- 11/9/83 /rb Mayor Falck said he feels the City is handling this matter in the proper manner. C/M Stelzer asked whether the City prohibits solicitation on certain days; and Mayor Falck said the City does not, Mrs. Melanie Reynolds, resident, mentioned that there are condominiums that have "No Soliciting" signs. C/M Krantz said those signs are ignored. Miss Carsky said signs must be obeyed and the Mayor asked whether putting signs on every house would prohibit soliciting in that house. Miss-Carsky said it would, and in fact that is one of the things the courts rely on. The courts say because it is inconvenient to have to do that, is not a sufficient reason to overcome the first amendment and the rights of these people. Mrs. Reynolds said she does not think it advisable to get the numbers of people who live alone, as those individuals receive enough peculiar telephone calls without having any more publicity. Mayor Falck said any information the City would obtain would not be for publication. VOTE: ALL VOTED AYE City Attorney Henning said - for the record he would state that Chris Carsky is with law offices of Alan Ruf, P.A. and the other individual the Mayor inquired about earlier. is Richard Eichenbaum, Attorney. 12. Burglar Alarm User Fees a) Temp.. Ord. #1075 - Discussion and possible action to amend Subsection 14-64(3) of the City Code repealing the provision prohibiting prorated fees for alarm user permits. b) Temp. Re.so. #2912 - Discussion and possible action to amend alarm user fees. SYNOPSIS OF ACTION: a) Agendized by Consent on Page 1. APPROVED on First Reading. b) TABLED to 12/1/83 meeting. a) City Attorney Jon. Henning read the Ordinance by title. Mr. Henning stated that presehtly, the provision for permit fees for burglar alarm users is pasea upon the calendar year at $50.00 per year, which is due the first of the year. If an individual would get a new burglar alarm installed, they would be liable for a permit the first year for $50.00, whether they obtained it in January, November, December, etc. Ile said Subsection "A" of the Ordinance states that "fees shall not be prorated for a part of the year". To make this consistent with the occupational licenses which permit a half payment, half way through the year, Mr. Henninq said it is his suggestion before changing the fees, that one sentence must be eliminated; and Ordinance #1075 removes that sentence, so the fees can be prorated. Actually, the fees can be prorated in any way desired, based on a month, a quarter, or semi-annually.. However, he is proposing since the City uses full and half fees for occupational licenses, that if this Ordinance does pass on Second Reading, the fee be $50.00 for the full year but after July 1, there will be a $25.00 fee for the first year; and when the permit is renewed the following January, the fee will again be $50.00. -17- 11/9/83 /rb V/M Massaro said she feels the fees should be based on a calendar year because of the amount of work involved. S;le said at one time, consideration was given to requiring payment of fees quarterly but because of the fact that the occupational licenses are based on semi-annual payments, if burglar alarm fees are changed to quarterly payments, those individuals requiring occupational licenses will demand the same treatment. Therefore, she feels it is advisable to have semi-annual payments. Mayor Falck said he would agree with the Vice Mayor. V/M Massaro MOVED the adoption of Temp. Ord. #1075 on First Reading. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE b) Mayor Falck said City Attorney Henning is of the opinion that Temp. Reso. #2912 should be tabled to the next meeting; and Mr. Henning said that is correct. V/M Massaro said she would so MOVE. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 33. Canal Excavations for Tracts 2, 13 and 13A at Kings Point Project Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent obi Page . Soil boring information to. he submitted. V/M Massaro said there is'a bond which expires on December 24,1983 and that date is approaching too rapidly for the amount of work that must be accomplished at Kings Point. This work is in con- nection with the three canals that F & R (Lennar Corp;)had to excavate on Tracts12 and 13A at 106 Avenue & 80 Stree-c and 13A at 103 Avenue, as well as Tract 13 east of 103 Avenue. All three of those go to the canal to the south of it. V/M Massaro said these canals should have been excavated in their entirety approx- imately two years ago but, they are not completed. She said there have been problems because of the rock formations, as exists in all the canals in the .City. Iiowever, in one way or.another, this has always been worked out. V/M Massaro said she would suggest that the City require, through the Engineering Department or the City Manager's office, soil boring information to substantiate the following: 1. Existing depth of rock 2. Hardness of rock 3. Furnish as -built drawings V/M Massaro said with this information, the City will be in a better position to make a proper judgment as to what action should be taken or what should be required of the developer. A letter was sent to the Engineering Department from the developer, which indicated they would have to blast, to break through the rock. She said she feels this was a threat because they kiiow 1--he City is not happy about blasting. However, if the City obtains the information that is requested, the City would be in a better position to determine whether blasting is necessary and whether it is a viable solution. The City should not prejudge the possibility of blasting, because if it is done by technically competent persons with time charges,and the time of explosion is timed in proper stages and intensity, it should not cause any damage or problems. She said the City should not permit the developer to make threats. The canal must be completed and the City should not wait until December 24, or perhaps another year or two. -18- 11/9/83 /rb V/M Massaro said she would suggest that the City Manager follow the suggestions made today and request the various items,after which the Engineering Department and the Council will be in a position to make a proper judgment as to how to handle the situation; and she would so MOVE. SECONDED by C/M Krantz. Mayor Falck suggested that Steve Wood take note of this and if additional clarification is required, he obtain it from the Vice Mayor. VOTE: ALL VOTED AYE PUBLIC HEARING 13. Lakeside Apartments_/Lakeside Plaza -- Tem Ord. #1071 - Discussion and possible action on vacation of a road right--of-way on the west side of State Road 7, at the north City limit line, adjacent to these projects. Second Reading. SYNOPSIS OF ACTION: TABLED for receipt of reports from City Engineer, City Planner,City Attorney and Beauti- fication Committee, to determine action to be taken to protect the City. City Attorney Jon Henning read the Ordinance by title. Mayor Falck opened the public hearing. There was no response and the public hearing was closed. V/M Massaro said when this item is discussed, Council must also refer to Item #22, which is the revised site plan for. Lakeside at Tamarac., where a request is made for a fence on the north property line. V/PZ Massaro said when she saw item #22 on the agenda, she checked the site plan and was astonished to see that it is contemplated to place a fence on the inside of the same area they are talking about vacating. She said she does not know why any one would want to vacate a road right -of --way and then not take advantage of that land because the land comes back to them; and this is so indicated in the document. V/M Massaro explained that at the last Council meeting, aneasement was accepted for drainage purposes but she did . not suspect that the easement submitted to the City was for anything but drainage purposes for the City of Tamarac. She said she ekipected a culvert to go through that area for drainage, or that it would be for a canal. She did not think of going out to explore the area. However, when she saw item #22 on the agenda, which is the request for a fence, she referred to the plan and realized..... that nobody would vacate a road right-of-way and then put a fence up to block it off- Upon inspection, she found that this is a very deep drainage ditch which they want to fence in, although a four foot chain link fence would be no protection. V/M Massaro said that this drainage ditch is in the City of Tamarac and belongs to the Lakeside at Tamarac project but it drains County property into it. Tamarac does not use it at all as Lakeside at Tamarac property is not draining into it. The trailer park on the other side of the street drains into it. Their streets are made in a "V" shape, and the drainage comes into that ditch. V/M Massaro mentioned that recently the City took over the responsibility of maintaining canals; and the area discussed today is a deplorable sight. She said these problems are worse than those the City experienced with Sections 6 and 7 and once the fence is put up, nothing could be done about it because on the other side of the ditch there is nothing but solid mangrove and all kinds of vegetation which is typical of an area that has never been touched. V/M Massaro said she is concerned that this easement not be recorded; and it is her understanding that it has not. In addition, she would like the Engineering Department, the Community Development Department and the City Attorney to submit reports about this project and about the vacation as well as the easement Council had already accepted because it is possible that Council will come to terms with the.developer. V/M Massaro said she does not know whether the setbacks are correct because in the document received from the Attorney for the applicant, it is.mentioned that this is needed ir..unediately for setbacks, and she feels this should be thoroughly checked. The grading is not correct for the ditch area and there is no way to make the beautification proper. The parking area abuts the bank, and V/M Massaro said she was very surprised at everything she saw, and she would MOVE to defer action subject to reports from the City Engineer, City Planner, City Attorney and the Beautification Committee, so that Council can determine what needs to be done or what action to take, in order to be as helpful as possible but at the same time protect the City to the fullest extent. SECONDED by C/M Krantz. Mr. David Harden, representing the petitioner, said that the petitioner has been before Council a few times and was not aware that Council had these considerations. He said he would like to make Council aware that all that is requested today is the vacation of the riqht-of-wav and the City is not being asked to take over any responsibility. In fact, the Lakeside at Tamarac project is not draining into that area. V/M Massaro said that is her concern; and she is also concerned about when the State did the work on 441, this condition was not corrected. She said an attempt was made to vacate this property on the plat, but she is certain the County would not permit the vacation :since the County drains into it. Mr. Harden said the petition before Council is simply a right--of--way vacation. He is aware the area is not a street and never will be. V/M Massaro said Council will investigate the situation and determine what needs to be done to comply with Code and how the City can be best protected, as well as how the ditch will be maintained and who will maintain it, and whether the petitioner will guarantee that the ditch will be maintained. She stated that when Council receives the reports requested from the various staff members, Council will then know how to react to this application. Mr. Julian Bryan,representing the.developer,said as this is a dedicated right-of-way, he believes the City does not have the opportunity to control it, as an easement would be controlled b_y the City. He said he feels the City would have a little more control over an easement as to what it is used for and how it is maintained. V/M Massaro stated that she is not sure the City wants the easement, and perhaps Council should take action at this time to revoke the easement, as it serves no purpose for the City. Mr. Bryan said that would be satisfactory as the petitioner would then proceed to vacate the right--of-way. He said they were respond- ing to the City Engineer's office. V/M Massaro mentioned that the site plan does not show the drainage ditch; and Mr. Bryan said the site plan shows a right-of-way which is precicely what it is. -20- 11/9/83 Tape 5 V/M Massaro said there are many indications in the site plan that this is a road right--of-way. Mr. Bryan stated that on the site plan, there is no suggestion this could be anything but open space; and V/M Massaro said she feels this is an attempt to misinform the City since in the areas where there is a roadway, the curvature of the lines indicate this to be a road right-of-way. Mayor Falck commented that the item listed on the agenda specifically says road right -of --way, and that is what Council has been considering today. Mx. Bryan said when he searched back to the old Fort Lauderdale truck farms plat, the north property line was shown as a land section line; and almost all of those of fifty or sixty years ago had road rights -of -way along them. Many were never developed as roads and some were cut as drainage ditches when the land was a farm; and that is the way it still is. V/M Massaro said when she questioned. one of the members of the organization, she was told this was a large tract of land with a road right-of-way and if the land were ever divided into sections, someone would be able to reach the back part of the land as there is a road right-of-way for that purpose. She said she has now been told that as the entire parcel of land was purchased, there is no need for this road any more, and a request was made to vacate it. Mr.Bryan said that if the City is concerned that they would be accepting something if the road right-of-way were vacated, he would state that the only place where there is a setback encroach- ment problem is on the commercial frontage; and aside from that, there is no setback problem. This is completely in comformance with Code, and in the front it is only four feet out of fifty feet. V/M Massaro said the ditch is not in conformance with Code, and it is also not in conformance with beautification. Mr. Bryan said it is his opinion that it is in conformance with beautification. V/M Massaro said the City had a similar situation on Bailey Road and at that time, she worked with the DOT and they put in a culvert and closed up the area. She said there is a possibility they would do something similar in this case and she would make the attempt. She said that in addition, perhaps Mr. Bryan has some contacts_ in the DOT or their Engineering Department, and could get them to handle it and do the same thing, as the County is draining into the ditch. V/M Massaro said she feels the City should complain to the County; and Mayor Falck agreed. Mayor Falck said the City also experienced the same thing at Sunshine Plaza at the time that section of State Road 7 was rebuilt. V/M Massaro said she does not feel the City should be burdened with the County's drainage. Mayor Falck said he feels the Motion is in order, and the action is appropriate. Mr. Harden asked whether this will be deferred until a certain date; and V/M Massaro said this must be worked out first, as mentioned today. _..._Mayor Falck said Council will take this up as soon as possible, and certainly does not want to hold it up. -21- 11/9/83 /rb VOTE: ALL VOTED AYE 22. Lakeside at Tamarac - Revised Site Plan - Temp. Reso. #2914 - Discussion and possible action to approve a revised site plan for a fence on the north property line. SYNOPSIS OF ACTION: Action TABLED until road right-of-way vacation is resolved. City Attorney Jon Henning read the Resolution by title. V/M Massaro said this item has been discussed in conjunction with Item #13, and she would MOVE that this be tabled until the vacation of road right-of-way is resolved. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 27. Colony West Country Club - Barricades adjacent to maintenance road - Status report, and discussion and possible action. SYNOPSIS OF ACTION: REMOVED from Agenda as this is private property. V/M Massaro stated that Council had requested her to contact the DOT to determine what should be done regarding the protection of the canal that runs parallel with 88 Avenue. She said she spoke with representatives of DOT about this situation and she was informed by two of the top people there, that if this were under their jurisdiction, they would require a guardrail. However, private property is not under their jurisdiction. V/M Massaro stated that private property is not under the City's jurisdiction either. The DOT had stated that as this is private property and not a public thoroughfare, it is their opinion that the City of Tamarac make no recommendation, thereby leaving the owner entirely responsible. V/M Massaro said she would MOVE that this item be removed from the agenda and not discussed further. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 35. Payment to Miller & Meier - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent on Page 2.APPROVED payment of bill in the amount of $2,778.00. City Attorney Henning said Council is familiar with the architect's agreement with the City and the chart which has been published many times. He said the bill from Miller & Meier came to his attention on Monday, and the amount is only 10% of the programming phase. Council will recall that the programming was approved across the board for $27,780.00, and in their monthly billing, they are asking for the first 10% of that amount. Mr. Henning said that Miller & Meier are optimistic about having a complete programming report for Council by December 1, for the Police Facility, and at least a status report or interim report on the remodelling. They are making good progress. He said there might be a couple of the Council members who have not yet had the opportunity to talk with Craig Kenyon to share ideas with him, but he has been meeting with a lot of the staff members and department heads, as well as some of the Council members, and this is a small portion of the service due them and he feels.. -that this will not be a controversial item. Mayor Falck said he would agree with that. WIPM 11/9/83 /rb L. C/M Kravitz said he would MOVE that this City pay Miller & Meier the 10% of the programming completed to date, of $2,778.00, which is on account. SECONDED by V/M Massaro. C/M Krantz asked whether this would be the first payment to Miller & Meier; and C/M Kravitz said it would. VOTE: ALL VOTED AYE 37. Woodmont Tract 54 - Disposition of Warrantv Bond. SYNOPSIS OF ACTION: Agendized by Consent on Page 2. TABLED to recessed meeting of 11/17/83 at 11:30 A.M. V/M Massaro said she would MOVE this item be TABLED to the recessed meeting of November 17, 1983 at 11:30 A.M. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 38._ Fairways III - Disposition of Warranty Bond. SYNOPSIS OF ACTION: Agendized by Consent on Page 2.TABLED to recessed meeting of 11/17/83 at 11:30 A.M. V/M Massaro said she would MOVE this item be TABLED to the recessed meeting of November 17, 1983 at 11:30 A.M. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE COMMUNITY DEVELOPMENT 28. Drainage Improvements in the City - Discussion and possible action. SYNOPSIS OF ACTION: C/M Kravitz reported action is taking place and residents are satisfied. V/M Massaro and C/M Krantz both reported ponding no longer exists an hour or so after rain stops, in areas reported by residents. C/14 Kravitz said he has toured the city in the areas of the complaints and found the work has been started and the residents of the City are happy as action is taking place. Fie stated that consider ng the heavy rains, he feels the City is in pretty good shape and the areas that are not, are being taken care of. V/M Massaro reported that when she investigated the ponding conditions that were reported by the residents, and found that after the rain has stopped, within an hour or so, the ponding no longer exists. C/M Krantz said he had found the same conditions when inspecting those areas shortly after a rain stopped. Mayor Falck said when he becomes concerned about the City's drainage conditions, he drives up to Oakland Park between Fifth and sixth avenues and a car cannot get through; and he then returns to Tamarac happy.. V/M Massaro said she went to the Norfolk area mentioned by C/M Kravitz and found no ponding existed, and when she went through another street that had not been complained about, her car could not get through the street. C/M Krantz asked whether that street is in Woodlands and V/M Massaro said it is. -23- 11/9/83 /rb 26. Woodmont Tract 71 (Golf Pointe) Discussion and possible action on: a) Revised site plan for a community pool on Lot 37 -- Temp. Reso. #2905 (at the corner of NW 84 Terrace and NW 83 Avenue) (tabled from 10/26/83) b) Renewal of model sales permit and waiver of the 150-foot distance requirement for Certificates of Occupancy. SYNOPSIS OF ACTION: a) APPROVED RESOLUTION NO. R--83- �?>&;> PASSED with conditions. b) APPROVED for six months from 11/12/83. a) V/M Massaro said this item was held up due to problems which are not indicated on the agenda; and she fe.ols there are serious problems which must be corrected before the developer proceeds. V/M Massaro stated that Green Kroll has been requested to submit cost estimates and pay the fees to excavate and fill canals back to the property line. She said lots #9, #10 and #11 have to be backfilled because a house is being built on one of those lots which is eight feet from the water line, which the City cannot allow. Those lots had been overexcavated and nothing can be done except to backfill them. V/M Massaro asked Mr. Julian Bryan, representing Green Kroll, . if he would agree to backfill lots #9, #10 and #11 and Mr. Bryan said he would. Mr. Bryan displayed the revised site plan and pointed out Tract 71, which is surrounded by the golf course. The existing canal wraps around the north and a portion of the east property line. He explained that Montwood apparently, in the interest of creating additional retention, excavated into the golf course area and substantially out of the canal right -of --way; and inadvertently, overexcavated a portion of lots #9 and #10 and some of lot #11. Mr. Bryan stated that lots #19 and #20 have existing houses on them and the lots in-between those, which are #12 to #18 and a portion of #11, were not excavated to the property line, and they average in ranges of ten to thirty-three feet. Mr. Bryan said to clarify the situation, he would state that Green Kroll have three requirements. There is a requirement to backfill lots #9, #10 and #11, and pay a permit and inspection fee for them, as that fee was never paid since Green Kroll did not anticipate tixey would need to be backfilled. Mr. Bryan said there is also a consideration for the waiver of the requirement fnr excava.ti_na hehind lots *19 and #20, where residents are living and Certificates of Occupancy have been issued. These lots are to be completely landscaped and sodded down to the water, and the lots graded according to Code. Mr. Bryan said the balance of the lots in --between those would present a problem if they were to be excavated,due to the areas surrounding them. . Green Kroll is requesting they be permitted to pay a drainage fee which is equal to 5% as any tract r?auires 5% retention and/or the canal adjacent to it must be excavated. He explained this tract did not require 5% retention, since it is part of the Woodmont drainage network which includesall the waterways and canals within Woodmont. It did, however, have to be excavated to the property line; and Green Kroll is now suggesting they grade and slope the land, according to Code and pay a retention fee for those lots. Mr. Bryan said the area of each of those lots has been computed by the surveyor and re- viewed with Mr. Foy of the Engineering Department, and square footage was determined for the total area Mr. Bryan presented a check to council in the amount' of $ l0 , _3 r; n . n 0 . for drainage retention fees for lots 12 through 18. Lots 19 and 20 would require a drainage retention fee of $2,135.00 and a check was presented to Council in that amount. Mr. Bryan said an additional check can be presented to Council in the amount of $156.00, which represents 6-1/2% of the cost for permit and inspection fees for the backfilling of lots #9, #10 and 911, if Council approves it. _24- 11/9/83 /rb Mr. Bryan stated that he would provide Council with a letter confirming the fact that the bonding company is aware that the subdivision improvement bond reflected earth work and excavation of the site, although this was not specifically indicated as a separate work item, such as a manhole or water and sewer line would be. He said the bond is in the amount of $400,000.00 and the City is protected for the $2,400.00 which it will cost to do the backfilling of the lots, as this bond is still in force. V/M Massaro stated she had requested a letter W be provided by Green Kroll to the City, which the City will forward to the bonding company, if Council grants approval today. Mr. Bryan said he can present that letter to Council today. V/M Massaro said she was concerned with the lots which were not excavated, and originally felt they should be excavated as the City's prime consideration has always been to get as much re- tention as possible, which is more important than the money involved. She explained that she has been informed by Mr. Ken Krasne of Green Kroll that it would be a tremendous hardship to them to excavate those lots as the phone company, Florida Power & Light and sprinkler system lines are in the lots, which would mean everything would have to be torn out to excavate them. V/M Massaro said she would not desire to create a hardship for Green Kroll, but she is especially concerned about the house that was built too close to the water line. She said she has seen pictures of a house in one of Tamarac's sister cities, which was hanging in mid -air because it was built too close to the canal. Mayor Falck said he had seen those pictures too. V/M Massaro said she feels Green Kroll did nothing 'intentionally. There had been an agreement with Montwood Corporation to excavate this property. When that was done, the excavation of the golf course was done and excavation was done far beyond what was required. She said she therefore, feels that Green Kroll should not be required to excavate lots 12 through 20. She commented that Mr. Krasne has done beautiful work on the property and this was a mistake, which could be corrected if the excavation is not required for these lots. V/M Massaro asked Mr. Krasne whether he has amended the estimated cost sheets. Mr. Krasne explained that Green Kroll's engineer telephoned Mr. Foy, and the phone call was accepted in lieu of a letter. However, a letter will be delivered to Mr. Foy within a day, amending the estimated cost sheets. V/M Massaro said the City will require the letter to be sent to the bonding company, and will also need the amended cost sheets if approval is given by Council today. V/M Massaro MOVED that Green Kroll Corporation be permitted to not excavate lots 12 through 20 to the property line. They will have to conform to Code as to slopeand pay the fees for the amount not ex- cavated, and Council is in receipt of those checks. Lots #9, #10 and #11 are required to be backfilled to the property line, with the slope to be on their property. Furthermore, a C.O. will not be issued for lot #9 where the residence is currently under con- struction, until the required backfilling is done, and canal slopes and setbacks are satisfactorily completed, as per Code. Building permits will not be issued on any remaining lots under discussion until the canals are properly constructed for lots #9, #10 and #11 and a letter provided to the City from the bonding company, stating the bond includes $2,400.00 for backfilling these lots. Approval is subject to further review and clarification as to the correctness of all items submitted to the City as well as final certification of costs. Mayor Falck asked whether this would include Temp. Reso. #2905. -25- 11/9/83 /rb C/M Stelzer read the Resolution by title. V/M Massaro MOVED the approval of Temp. Reso. #2905 for the community pool they want to build, subject to the require- ments previously stated and which relate to Tract 71 and the adjacent canals. SECONDED by C/M Krantz. Mr. Julian Bryan stated that in discussions with Mr. Foy, a question arose concerning the grading and side slopes of the canal behind the various lots. He said in some cases, the grading is vertical and very deep and it would not be possible to provide an underwater shelf as that would occur out in the existing canal. Mr. Bryan said he feels it is important that Council understands this situation. V/M Massaro said one of the Stipulations states that failing to provide the proper shelf, the City would require a hold harm- less agreement from any potential bodily injury or liability. C/M Stelzer asked whether Lots #9, #10 and #11 will have a shelf when they are backfilled; and Mr. Krasne said while these lots are being backfilled, it would be possible to create the shelf. V/M Massaro said she feels that might be a problem, since there will be a tendency for it to slide. Mr. Bryan said when backfilling lots,and canals are deep as these are and slopes are almost vertical, it would be difficult to create a shelf. He said he would, therefore, suggest that all the lots require a hold harmless agreement. C/M Stelzer suggested that Green Kroll provide a hold harmless agreement for all the lots; and Mr. Bryan said that will be done. VOTE: ALL VOTED AYE b) V/M Massaro MOVED to approve the renewal of the model sales permit and waiver of 150 foot distance requirement for Certificates of Occupancy, for a period of six months from November 12, 1983. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 24. Ambassador Savings & Loan - Discussion and possible action on: a) Site Plan-- Ted Reso. #2917 b) Landscape Plan c) Water and Sewer Developers Agreement SYNOPSIS OF ACTION: See Page 28. a) C/M Stelzer read the Resolution by title. V/M Massaro stated that the City has an Ordinance requiring eight -foot sidewalks on the west side of University Drive in anticipation of eventually having a complete bikeway there. She said Mr.Beyers has agreed to install the eight --foot sidewalk in front of the,property and in front of the Richway property, as well as in front of the gas station which separates the Richway property and the bank property. V/M Massaro said a voluntary dontribution was given for a traffic light in the amount of $4,340.00 and a check will be presented to the City Clerk today for all fees due. Mr. Dick Rubin, City Planner, said there is a minor engineering fee due from Richway, which should be included in the check. V/M Massaro said Council will refer to that file before the check is made out. -26- 11/9/83 irk Mr. Rubin stated that the application is on a 1.26 acre parcel of .land, which is zoned B-2 at the Northwest corner of 82 Street and University Drive. Ile said this is a very well designed and attractive building and it will be a nice entrance into the Woodmont area. C/M Krantz asked whether this building is north of Richway; and Mr. Rubin explained that this is on the south side of Richway, and he showed a site plan which reflected the location. V/M Massaro said the site plan also shows the location of the right-of-way which will be opened up. The City Planner said that Council had originally approved Richway to be located on the north side of the property, with parking at the south and west sides. Richway had more than enough property to serve their needs, and therefore,they designated on the plat, the southeast corner of the property as an out parcel.Theg paid the retention and improvement fees at that time for the overall site and it has been recorded with the County. Mr. Rubin showed the Amoco station on the site plan and stated that the bank will be built south of the filling station along University Drive. Ile said it is interesting to note that the bank building curves parallel to the intersection of the roadway, so there will be a better view for traffic safety. Mr. Rubin said the architect worked with the staff to be sure the project would comply with the Code; and staff recommends approving the project provided the Richway site is also approved. Mr. Rubin stated that when the County approved this vacant plat, they said they would only allow an entrance to the site, but not an exit. Therefore, this site had an inherent problem and the only way to solve it was to have driveways in the rear going ott into the parking lot of Richway.There£ore, there is an item on the agenda for the Richway plan and in that plan, the only changes shown are the two new driveways so the bank can use Richway's parking lot for primary access in and out. The City has received an easement from Richway to grant public access through their parking lotto service the bank. Mr. Rubin said the two changes in the Richway plan are #1, the driveways and #2 to be consistent, the City has requested that the bank install an eight -foot bikeway along their portion of University Drive on Richway's property. V/M Massaro said that Richway has indicated the bank is to pay the City $61.28 for engineering fees and this amount is to be included in the check to be presented today by Ambassador Savings and Loan. Mr. Rubin said that a few months ago, Council approved a site plan for the HMO Medical Center, at which time Council had requested the applicant place curbing on University Drive. Council is now requesting that Ambassador Savings & Loan backfill the median on University Drive to the top of the curb and then landscape it. Mr. Rubin said the site plan reflects that five trees and pampas grass will be planted. V/M Massaro said there is to be a relocation of all hedges and trees which are now in the Richway driveway. These cannot be moved off the site and must be relocated somewhere on the site. Mr. Rick Anderson, representing the developer, said a couple of new islands were created by cutting through a few of the driveways and that would be an appropriate place for those hedges and trees. 11/9/83 -27- /rb V/M Massaro mentioned that since the bank is on Richway's property, they might want to say something about it, but Richway cannot do anything without the City Planner's approval and probably with the bank's approval as well. Mr. Anderson said he would doubt Richway would want to have anything to do with this. Tape V/M Massaro said the landscaping in the median is to be 6 watered and maintained for a period of not less than ninety days to ensure a healthy growth, after which the City will assume maintenance. 23. Richway Department Store - Discussion and possible action on: a) Revised site plan reflecting ingress/egress to Ambassador Savings & Loan - Temp. Reso. #2915. b) Acceptance of an ingress/egress easement - Temp. Reso. #2916. SYNOPSIS OF ACTION: a) and b) RESOLUTION NO. R-83--30_15� PASSED APPROVED. RESOLUTION NO. R-83- �(p PASSED a) City Attorney Jon Henning read the Resolution by title. V/M Massaro MOVED the adoption of Temp. Resn. 42.915 -or the revised site plan for Richway of Tamarac. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE b) City Attorney Jon Henning read the Resolution by title. V/M Massaro MOVED the adoption of Temp. Reso. #2916 .for the ingress/egress easement. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 24. Ambassador Savings_ _& Loan_ a)Site Plan - Temp'. Reso. #2917 SYNOPSIS OF ACTION: a) APPROVED with RESOLUTION NO. R--83- PASSEll 7onditions. b) Held for reconvened meeting T Df 11/14/83. c) APPROVED. V/M Massaro MOVED the approval of Temp. Reso. #2917, the development order for Ambassador Savings & Loan ,project, subject to the following requirements: - Installation of eight -foot wide sidewalk in front of this property, adjacent to gas station and in front of Richway property, as indicated on both plans. The applicant has voluntarily agreed to do this work. •- Applicant's renrasentative has voluntarily agreed to donate $4,340.00 for traffic light. The traffic light money will be escrowed to the traffic and road improvement escrow fund. - Median on University Drive to be backfilled to the top of the curb with Bahia sod. - Landscaping to be approved by the City Planner. Relocation of all hedges and trees now in the Richway driveway and parking area, subject to the City Planner's approval. However, these hedges and trees must be relocated on the property. -- Landscaping in the median to be watered and maintained for a period of not less than ninety days from installation to ensure a health growth, after which time the'City will assume maintenance. The MOTION was SECONDED by C/11 Krantz. VOTE: ALL VOTED AYE c) Water and Sewer Develo ers Agreement V/M Massaro said a check is due the City in the amount of $7,650.00, and Mr. Anderson said it will be presented to the City today. -28- 11/9/83 /rb V/M Massaro MOVED the approval of the Water and Sewer Agreement as presented. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE A check was presented to the City Clerk for $12,051.28 covering the fees shown below. $7,650.00 - Water and Sewer 61.28 — Engineering (Richway) 4,340.00 - Voluntary contribution for traffic light 19. Tamarac Gardens - Discussion and possible action to approve an Administrative Home Warranty Service Office at this project. SYNOPSIS OF ACTION: APPROVED for six months from 11 9/83. to be reviewed prior to renewal. Approval does not waive 300 foot distance requirement. V/M Massaro said this office will serve both Tamarac Gardens and Kings Point temporarily, and she would MOVE the approval of the administrative home warranty service office for a six month period, with a thorough review before renewing this permit in view of the fact that two separate projects will be utilizing this facility. This approval does not waive the requirement for a 300 foot distance separation from any residential unit. SECONDED by C/M Kravitz. Mayor Falck asked whether this office will handle warranties on appliances and Mr. Marty Riefs said the office will handle customer service for the apartments. The buyers will come to the office for adjustments. A Customer Service Manager will be hired to deal directly with the buyers of the apartments so they will not have to go out of the development to request service. V/M Massaro mentioned that the Bermuda Club had an office of that type while the development was under construction and it worked out very well. Mayor Falck asked whether the same procedure was used in Delray; and Mr. Riefs said it was. VOTE: ALL VOTED AYE 20. Kings Point Professional Plaza -- Discussion and possible action on: a) Release of five performance bonds posted for public im- provements subject to receipt of one --year warranty bonds - Temp. Reso. #2920. b) Acceptance of Bill of Sale for the water distribution and sewage collection system improvements - Temp. Reso. #2921. SYNOPSIS OF ACTION: a) APPROVED as RESOLUTION NO. R-83- 20,00o7 PASSED Amended. b) APPROVED. RESOLUTION NO. R-83—_PASSED a) City Attorney Jon Henning read the Resolution by title. V/M Massaro MOVED to release the performance bonds for paving and drainage in the amount of $18,838.50, landscaping in the amount of $1,800.00, sidewalks, slab curbs and gutters in the amount of $1,350.00, water distribution in the amount of $84.80 and sewage collection in the amount of $19,776.50. These bonds are to be released subject to receipt of a performance bond in the amount of $1,2.75.00 for the incomplete sidewalk. This bond is for a period of three months and if the sidewalk is not installed within three months, the bond will be called. SECONDED by C/M Kravitz. -29- 11/9/83 /rb V/M Massaro said she would include in her Motion that approval is subject to their realigning the old existing guardrail from the present southern post to meet their new southern post. Mr. Riefs said it was his understanding that the guardrail alignment was off approximately thirty inches at the worst part and that Council would permit it to remain that way if the sidewalk could be installed. without moving it. He said the Stipulation requires the City to relocate the existing guardrail. V/PI Massaro said she had indicated that the guardrail need not be touched if the five-foot sidewalk could be installed without moving 'it. However, if the guardrail needs to be realigned, it would be the responsibility of the developer as the guardrail had been set back in anticipation of the widening of Nob Hill Road; and that may not ever occur. Therefore, if the sidewalk can be installed without touching the old existing guardrail, that would be ac6eptable. If the sidewalk cannot be installed without moving the guardrail, it is the responsibility of the developer to realign the original southern post to meet the new southern post. She said this would be a matter of only changing about five posts in the guardrail as the difference is not more than thirty inches at the furthest point, and going to zero. Mr. Riefs stated that if the City does not wish to relocate the guardrail, it is his opinion that the five-foot sidewalk could be installed without realignment. V/M Massaro said that would be satisfactory, but if a relocation of the guardrail must be done, it would be the responsibility of the developer since it is the developer who changed the location of the new guardrail. Mr. Riefs said for clarification, he would state that the bond for $1,275.00 has already been ordered for a period of one year and as requested by the City, he will present a letter to the City Clerk at this time stating that the sidewalk will, be installed within three months. He said he will reorder the bond, but in the interim, the letter will state that the sidewalk will be installed within three months. Mayor Falck said he sees no problem with this. City Attorney Henning said in lieu of the Motion the Vice Mayor was making, he would suggest she amend Section 6 b) to add the language, "Sidewalks are to be completed within ninety days from the effective date of this Resolution" as indicated in their letter of November 9, 1983. V/M Massaro MOVED that Temp. Reso. #2920 be approved as amended. SECONDED by C/17 Krantz. VOTE: ALL VOTED AYE b) City Attorney Jon Henning read the Resolution by title. V/M Massaro MOVED the adoption of Temp. Reso. #2921 approving and accepting the bill of sale from Lennar Homes, .Inc. for the water distribution and sewage collection system improvements. SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE 34. F & R Request For Meter - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent on Page 1. TABLED to recessed meeting of 11/17/83 at 11::30 A.M. City Attorney Jon Henning stated that Council has agendized this item, and it will be heard at 11:30 A.M. on Thursday, November 17,1983 at a recessed meeting. -,in- 11/9/83 2. Burglar Alarm Review Committee - Temp. Reso. #2907 - Dis- cussion and possible action to appoint five members to this committee. SYNOPSIS OF ACTION: Appointments RESOLUTION 14O. R-83- PASSED made, with terms to expire on May 11, 1984: Allan Bernstein, Irving Haymes, Abraham Hahamovitch, Sydney Brumberger and Herman Larry Bender City Attorney Jon Henning read the Resolution by title. Mayor Falck asked for nominations for this committee. V/M Massaro said she would nominate Irving Haymes, Allan Bernstein, Abraham Hahamovitch, Sydney Brumberger and Herman Larry Bender. C/M Kravitz said he has interviewed all the applicants for the Burglar Alarm Review Committee and would nominate Allan Bernstein, Sydney Brumberger, Alfred Robbins, Herman Larry Bender and Sidney Goldstein. There were no further nominations and Mayor Falck requested that the vote be taken. C/M Stelzer C/M Krantz C/M Kravitz Alfred Robbins Sydney Brumberger Allan Bernstein Sidney Goldstein Allan Bernstein Sydney Brumberger Herman Larry Bender Herman Larry Bender Alfred Robbins Sydney Brumberger Irving Haymes Herman Larry Bender Allan Bernstein Abraham Hahamovitch Sidney Goldstein V/M Massaro Herman Larry''Bender Sydney Brumberger Abraham Hahamovitch Allan Bernstein Irving Haymes Mayor Falck Allan Bernstein Irving Haymes Abraham Hahamovitch Sydney Brumberger Herman Larry Bender V/M Massaro MOVED the adoption of Temp. Reso. #2907, appointing members to the Burglar Alarm Review Commitee consisting of Irving Haymes, Allan Bernstein, Abraham Hahamovitch, Sydney Brumberger and Herman Larry Bender, with terms to expire on May 11, 1984. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 29. Cit Council Re orts C/M Krantz reported that he has received a request from the Veterans Alliance for a better July 4th celebration this year. He said the neighboring cities have big celebrations on Independence Day with parades and fireworks, and an affair of that type must be planned almost a year in advance. He said he would request that the Mayor appoint a committee to study the matter to determine whether it is feasible for the City to have a celebration of that type. Mayor Falck said this subject has come up many times and he has always indicated to the various groups to develop a plan and if one is presented, he would be happy to review it and present it to Council. However, if it is preferred that a committee be appointed, he would have no objection. C/M Krantz said he would request that a committee be appointed as the Veterans Alliance Group would prefer something official from the City; not necessarily City involvement, but at Least City planning. -31- li/9/83 /rb C/M Kravitz said he would have no objection he recalls that the Veterans Alliance Group Council previously, and it was aareed that would match any monies they raise, up to $1,500.00. to that, but were before Council an amount of Mayor Falck explained that this occurred last year. He said he has no objection and will work out the details. C/M Stelzer - No report C/M Kravitz - No report. V/M Massaro reported that the first meeting with the County was held yesterday in connection with the project relating to widening University Drive. She said there will be many meetings before anything definite happens, but she feels the City is off to a good start. She reported that Rep. Tom Gustafson showed an interest in this project and has indicated that he will assist the City of Tamarac and be as helpful as possible. V/Pd Massaro said a lot must be accomplished before she will be able to provide Council with details as Rep. Gustafson suggests this project be low --keyed for the time being to give the City of Tamarac an opportunity to be on sound ground. V/M Massaro reported that she has spoken to the Director of the Saw Grass Expressway as well as the Director of Transportation and she is hopeful that the expressway will pick up the ex- tension of Commercial Boulevard. C/M Krantz inquired whether the funding for the project would come from the State or the County; and V/M Massaro said it would be State funding. V/M Massaro said that discussions were initiated in connection with Nob Hill Road. She has informed Mr. Marty Riefs . the County summary indicates that the monies paid to the County for impact fees will be used to widen an existing four lane highway to six lanes. She said she will request that Mr. Riefs go to the County along with the City of Tamarac, to request that these funds be used to open up two lanes so that Nob Hill Road will connect with the Sunrise road where Nob Hill Rd. continues as to use those monies to widen an already existing road to six lanes that lead nowhere does not make sense, She is hoping to get at least two lanes in at McNab_,_Road. V/M Massaro said she has also discussed the bikeway path at 57 Street at 88 Avenue and it appears that there is a possibility of accomplishing this. It has been indicated that the City should contact certain individuals in the Transportation Planning Division who are responsible for development of the bikeway program and it is felt they could assist the City in this project. The Department of Transportation have indicated that they will participate in the review of alternative designs with respect to the approach to the signalized intersection at NW 57 Street at 64 Avenue. 'C/M Krantz inquired about the sidewalk project at Southgate Boulevard. V/M Massaro said that regarding the sidewalk project at Southgate Boulevard, Mr. Tim Taylor has been on vacation and upon his return, she will contact him regarding changing the location of the proposed substation in order to avoid dividing the park area. She said she would prefer to move the substation closer to 88 Avenue, .leaving seventy --five feet from the corner for landscaping and a sign, "Entrance to Tamarac". If FP & L approve the suggested change, she will request they put in the sidewalk immediately. She said the City :SPA: 11/9/83 /rb J could then install the rest of the sidewalk, and she was hoping she could get the County to install it if the City of Tamarac pays for the material. So far, there is nobody who is willing to do it. C/M Krantz asked whether that would be a five-foot sidewalk or an eight -foot sidewalk; and V/11Plassaro said the sidewalk would have to be five -feet. She said the substation would take up approximately 800 feet and that would cost a lot of money. 31. City Attornev Report Mr. Henning reported that the City has paid the court registry $150,000.00 for the use of the Sludge Farm. Reimbursement will be received from the City of Lauderhill for their share of the payment. Ile said the City has started to clear the right-of-way for new access to the Sludge Farm, under the court documents,and that is progressing. The City Attorney reported that he distributed to Council yesterday, a report relating to eleven proposed amendments that the Charter Board has put together. A special meeting has been called by the Charter Board for 3:00 P.M. today for further discussion of those amendments. Ile said when Council has the opportunity to review the amendments, he would ask that they feel free to contact him as Council will need to have a public hearing within the next thirty days on those amendments. Mayor Falck stated that he is planning to officially announce that there will be a Special Council Meeting at 10:00 A.M. on Monday, November 21, 1983 for the purpose of reviewing those amendments. 30. City Manager Report - No report 29. City Council Re orts Mayor Falck reported that last week he was at the Area Agency in connection with a few matters and while he was there, they received a notice that their health insurance would be increased by $40.00 per employee and $115.00 for dependent coverage per employee. He said he was requested to go to Orlando last Thursday to review what the health Trust was going to be required to do in order to be able to continue to pay claims. The City's claims have increased tremendously over the last three or four months and the report made by Judy Deutch has indicated that during the last month alone, $40,000.00 to $50,000.00 was lost, which indicates that the City paid out that much more money than was received in premiums. Mayor Falck reported that while he was in Orlando, he found the City's plan was reviewed by an actuary. Ile said he agreed with some of the actuary's proposals, but not all of them. Ile said he was . able to get them to apportion the increase that is required based upon the experience of the last twelve months, which means that the City will probably be on the lower side of any rate increases that will take effect on January 1, 1984. The Mayor said he will be in Orlando again this Friday, to finalize the rate structure that will be impleme—ed -on Janury 1, 1984. C/P!I Krantz reported that there will be a Veterans Day celebration this Friday in Tamarac Park at 10:00 A.M. and everyone is invited to attend. THE MEETING WAS ADJOURNED AT 3:45 P.M. ATTEST: �2 ASSISTANT CITY -CLERK n CITY" 1A Ak AC APPROVED AT MEETING OF / 3 City Clerk This public document was promulgated at a cost of $467.45or $12.87 per copy to inform the general public and public officers and employees about recent opinions and considerations by the Council of the City of Tamarac. -33_ 11/9/83 /rb