HomeMy WebLinkAbout1982-11-24 - City Commission Regular Meeting MinutesY MAIL REPLY TO:
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TAMARAC, FLORIDA 33320
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CITY OF TAMARAC, FLORIDA
CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, NOVEMBER 24, 1982
CALL TO ORDER: 9:30 A.M.
ANNOUNCEMENTS OF TIME ALLOCATIONS - MOTIONS TO TABLE - The Chair
at this time will announce t ose 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. Public Information Committee - Discussion and Possible Action
to appoint one member to this committee by Temp. Reso. #2523.
TAMARAC UTILITIES WEST
2
Q
Bid Award - Temp. Reso. #2524 - Discussion and possible
action to award a bid or tFie replacement of the roof at the
Administration Building.
11/24 - Pg. 3
APPROVED..appt.
Sophia Colton.
11/24 - Pg. 3
TABLED to 12/
Water & Sewer Develo ers Agreement - Discussion and possible ITABLED
11/24 - Pg. 3
action on a revise orm o agreement. 12/1/82.
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4. Items listed under Item #4, Consent Agenda, are viewed to be 11/24 - Pgs.3,4
routine and the recommendation will be enacted by one motion APPROVED b)thru
in the form listed below. There will be no separatediscus-- f); a)TABLED to
sion of these items. If discussion is desired, then the next reg. mtg.
item(s) will be removed from the Consent Agenda and will be
considered separately.
a) Alexander Grant & Co. - Auditors - Services during September,
1982, regarding financial statements as of 9/30/82 - $1,900.01
Approval recommended by Finance Director.
b) Solo Construction Corporation - 1982 Storm Drainage Improve-
ments - Mainlands 7 - Pay Estimate #1 - 11/16/82 - $40,494.60
Approval recommended by City Engineer.
c) Design Traffic Installation Company - Installation of Traffic
Signal at N.W. 64 Avenue and N.W. 57 Street - Approval of
total payment in the amount of $11,811.00 as recommended by
the City Engineer.
d) Tamarac Utilities West - Water Plant Roof Replacement -
Approval of the following as recommended by the City Engineer:
(1) Change Order No. 1 decreasing the contract amount by
$514.00 to a total of $9,036.00
(2) Total payment in the amount of $9,036.00.
e) Tamarac Utilities West - Authorization to go to bid to refur-
bish the air conditioning and heating equipment at the
Administration Building.
PAGE TWO
f) Alan F. Ruf, Consulting City Attorney - 11/19/82 - $1,078.45 -
Approval recommended by City Attorney.
GENERAL ADMINISTRATIVE/FINANCIAL
5. Bid Award - Tamarac Park - Tem . Reso. # 2525 - Discussion and
posse e action to award a bid for t e insta lation of two
tennis courts.
11/24 - Pg.3
TABLED to
6. Contract with Broward County Sheriff - Temp. Reso. # 2526 - 11/24 - Pg. 4
Discussion and Possible Action to authorize the appropriate APPROVED.
officials to execute a contract concerning deputizing certain
Tamarac Police Officers as Deputy Sheriffs.
7. Caporell,a Park - Budget Amendment - Discussion and possible
action to transfer funds from t e Parks and Recreation Fund
to the Caporella Park Construction Fund until reimbursement of
these funds under State grant.
11/24-Pgs.4,5
APPROVED.
8. Streetlights - Discussion and possible action on streetlighting 11/24-Pg. 5
on Commercial Boulevard and other areas of the City. Ltr. be sent to
County.
9. Broward League of Cities Business - Discussion and Possible
Action.
PUBLIC HEARINGS - 2:00 P.M.
10. Fa an, Inc. - Special Exception Petition #32-Z-82 - Temp. Reso.
5 7 - Discussion and possible action to grant a special
exception to allow on -premises consumption of beer and wine
in a B-3 (General Business) zoning district at Bageland, a _
proposed restaurant in Bay 23 at Tamarac Town Square at 8217
N.W. 88 Avenue.
11. Pizza Stop & Restaurant, Inc. - Special Exce Lion Petition
3-Z- - Temp. Reso. #252 Discussion and possibTe action
to allow on -premises consumption of beer and wine in a B-3
(General Business) zoning district in conjunction with a
proposed restaurant in Bay 10 at Tamarac Town Square at 8275
N. W. 88 Avenue.
12. Ernest Sartori - Limited Parking Waiver Petition #34-Z-82 -
Temp. Reso. # 529 Discussion and possible action to grant
a limited waiver of the parking requirements in Section 18-3
of the Code for a proposed shopping center to be located at the
southwest corner of Commercial Boulevard and N.W. 31 Avenue.
�K�1�1►�'�if�� Ili i��l�i�[��
11/24-Pgs.18,19
Rept. by Mayor
Falck.
11/24-Pg. 17
APPROVED with
conditions.
11/24-Pg. 18
APPROVED with
conditions.
11/24- Pg. 18
TABLED until
Encrr. Plans
13.
Professional Dry Cleaners (Sunshine Plaza) - Sign Waiver -
11/24 - Pg. 6
Temp. Reso. #2530 - Discussion and Possible Action to waive
APPROVED with
the provisions of the sign ordinance to allow a second sign at
this location.
conditions.
11/24 - Pg. 6
14. Glendale Federal (Sheppard Plaza) - Si n Waiver - Temp. Reso.
T 5 - Discussion and possible action to waive the provisions
o the sign ordinance to allow a second sign at this location.
I PROVED with
�nditions.
15.
Kings Point Professional Plaza - Revised Site Plan - TemP.
11/24-Pgs.15,16
Reso. #2536 - Discussion and posse e action on a revised
Site P an or parking lot layout.
APPROVED with
conditions.
16.
Richway at Tamarac (Federated Department Stores) - Discussion
11/24-Pg. 7
and possible action to amend the terms of the Water and Sewer
Developers Agreement.
APPROVED with
conditions.
PAGE THREE
- 17. Lakes of Carriage Hills Model Sales Facility - Discussion and
11/24-Pg. 6
possible action to renew a model sales permit for a facility
APPROVED for 6
located at 6180 Rock Island Road.
months.
18. Lake Colon (Brookwood Gardens) - Model Sales Facility - Dis-
11/24-Pg. 7
cussion and possible action to renew a model sales permit and
APPROVED for 6
waiver of the 300-foot distance requirement for certificates
months.
of occupancy.
19. Woodmont Tract 70 - Model Sales Facility - Discussion and
11./24-Pg. 7
possiFle action on a request to renew a model sales permit and
APPROVED for 6
waiver of the 150-foot distance requirement for certificates of
months.
occupancy (tabled from 11/10/82).
20. Isles of Tamarac - Model Sales Facility - Discussion and pos-
11/24-Pg. 7
sible action on a request to renew a model sales permit and
TABLED. C/Atty.
waiver of the 300-foot distance requirement for certificates
request fees.
of occupancy (tabled from 11/10/82).
21. Woodmont Tract 57 - Bond Release - Temp. Reso. #2515 - Discus-
11/24-Pg. 8
sion and possible action to release a warranty bond posted for
APPROVED.
public improvements (tabled from 11/10/82).
22. Edward W. and Blanche Hi ins - S ecial Exce tion Petition
11/24-Pgs.10,11,
-Z- - Temp. Reso.# Discussion and possible action
12 - APPROVED
to grant a special exception to allow the construction of a
with conditions.
self-service gasoline station in a B-2 zoning district at the
northwest corner of N.W. 88 Avenue and Commercial Boulevard
(public hearing held 7/28/82).
23. Drainage Improvements in the City - Discussion and possible
11/24-Pg. 9
action.
Rept. on Sunflwr.
Heathgate.
REPORTS
24. City Council
No Report.
25. City Manager
No Report.
26. City Attorney
Jon Henning rept.
The following items, 27 and 28, will be considered at a reconvened
Council meeting scheduled for Wednesday, December 1, 1982 at
2.00 p.m.
PUBLIC HEARING
27. Water and Sewer Rates - Tamarac Utilities West - Temp. Reso.
12/1,Pg. 17,Pub.
#2537 - Discussion and possible action to establish and
Hearing Held,
modiTy "contribution -in -aid -of construction" charges for new _Appvd.
with Cond.
commercial and residential construction which have not yet
contracted for service (rates of those customers already
receiving service, or who have contracted for service, will
not be affected).
28. Woodmont Tracts 74/75 - Discussion and possible action on:
12/1,Pg.17.Public
a Revision to Site Plan No. 1 - Temp. Reso. #2534
Hearing Held,
b) Site Plan No. 2 - Temp. Reso. #2535
tp be continued
c) Amendment to the Water and Sewer Developers Agreement
at meeting of
for Site Plan No. 1
12/8.
d) Water and Sewer Developers Agreement for Site Plan No. 2
e) Developers Agreement
City Council may consider such other business as may come before it.
Pursuant to Chapter 80-105 of Florida Law, Senate Bill No. 368; if a person
decided 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 pro-
ceedings, and for such purpose he may need to ensure that a verbatim record of
the proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based.
O�F.�T�AM�ARAC
LCiC IY*o14
Ca f A . E'van
Assistant City Clerk
M M M
PAGE FOUR
29. Pension Trustee - Appointment of Trustee to replace Judity Bernstein.-- 11/24, Pg. 1,
Discussion and possible action. Agend. by Cons.
Pg. 8,Appvd.
appntmt. of
Sheila Wolken
30. Purchase of Utility Shed at Tamarac Park Discussion and possible
action.
31. Amusement Centers -- Temp. Ord. #967 --Discussion and possible action
regarding licensing and regulation of the Amusement Centers.
11/24, Pg. 1,
AAgend. by Cons.
Pg. 8,Appvd.
at cost not to
exceed $825.00.
11/24,Pg. 1,
Agend. by Cons.
Pg. 12,Appvd.
as Amended
32. 5th Penny Sales Tax - Discussion and possible action. 11/24, Pg. 2,
Agend. by Cons.
P . 9 A vd.
83. Restructuring Procedures of HOW Program _j Discussion and ossible action 11/24, Pg. 2,
Agend. by Cons.
Pgs. 9 & 10,
Chief Bldg.
Official auth.
rendering CO's
until 12/1.
34. PA System at Tamarac Park -- Discussion and possible action. 11/24,PG. 2,
Agend. by Cons.
Pg. 9,Appvd.
purchase not
to exceed
$500.00
CITY OF TAMARAC, FLORIDA
REGULAR CITY COUNCIL MEETING
November 24, 1982
CALL TO ORDER: Mayor Falck called the meeting to order on Wednesday,
November 24, 1982, at 9:30 A.M. in the Council Chambers.
ROLL CALL: PRESENT: Mayor Walter W. Falck
Vice Mayor Helen Massaro
Councilman Irving M. Disraelly
Councilman Philip B. Kravitz
Councilman David E. Krantz
ALSO PRESENT:
Steve Wood, Acting City -Manager
Jon Henning, City Attorney
Carol A. Evans, Assistant City Clerk
Patricia Marcurio, Secretary
Tape MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Falck called for a Moment of
1 Silent Meditation followed by the Pledge of Allegiance.
Mayor Falck greeted everyone present and announced the time schedule
for specific items.
29. Pension Trustee - Appointment of Trustee to replace Judith Bernstein
Discussion and possible action.
SYNOPSIS OF ACTION: Agendized by Consent.
(See Page .
Mayor Falck said there is need to replace Judith Bernstein as trustee
to the Pension Board and Sheila Wolken's name has been placed in
nomination. V/M Massaro MOVED to Agendize by Consent, SECONDED by C/M
Disraelly.
VOTE:
ALL VOTED AYE
30. Purchase for Utility Shed at Tamarac Park - Discussion and possible
action.
SYNOPSIS OF ACTION: Agendized by Consent.
(See Page 8) .
Mayor Falck said he would like to have discussion and possible action on
the purchase of a utility shed at Tamarac Park Agendized by Consent and
C/M Disraelly so MOVED, SECONDED by V/M Massaro.
VOTE: ALL VOTED AYE
31. Amusement Centers - _Temp. Ord. #967 - Discussion and possible action
regarding licensing and regulation of the Amusement Centers.
SYNOPSIS OF ACTION: Agendized by Consent.
(See Page .
C/M Disraelly MOVED to Agendize by Consent discussion and possible action
of Temp. Ord. #967 regarding licensing and regulation of Amusement Centers,
SECONDED by C/M Krantz.
Melanie Reynolds asked if this item being Agendized by Consent was the
item scheduled for the 12/8/82 meeting and Council said it is. Jon
Henning said the reason this was bung agendized for discussion today was
that there will not be a full Council present at the 12/8/82 meeting and
Council members have changed their travel plans to be present today.
- 1 -
11/24/82
/pm
A
V/M Massaro asked the City Attorney if it is considered legal to discuss
this item today and he answered yes. V/M Massaro said,in view of the
fact that it has been suggested that it be agendized today, the public
hearing has been held and the public has been heard. She said the
questions that were most important to them have been addressed and C/M
Disraelly said the reason it was set for the 12/8/82 meeting was because
V/M Massaro and another Council member were supposed to be away on this
date and, therefore, discussion was postponed until the /t 12/882..meenq
awaiting a fu1� Council attendance.
C/M Kravitz said he is concerned about this since he is not prepared
to vote on this without reviewing the Ordinance. He suggested that it
should not come up at this meeting. Jon Henning said Council has had
first and second reading of the Ordinance which were advertised properly.
He said action was deferred to after second reading for further consider-
ation of Council and if the majority of Council have considered it
sufficiently to agendize it today, then it may be. Mr. Henning said if
C/M Kravitz is uncomfortable after the discussion, he can address it or
move to table it at that time.
Melanie Reynolds asked what the legality is that the City Attorney is
basing his opinion on and Jon Henning said the legality is that this is
not a public hearing. The City advertised properly for the public hearing
and that Council has the authority to have it earlier. Mr. Henning said
it was obvious from the public turnout at the last meeting that the
community is interested in seeing that this Ordinance gets passed.
Morton Student requested tabling this until the public can be heard again
and Mayor Falck explained that the public has already been heard and the
only thing to take place today would be discussion by the Council and
a vote by the Council.
VOTE: C/M Krantz
Aye
C/M Kravitz
Nay
C/M Disraelly
Aye
V/M Massaro
Aye
Mayor Falck
Nay
32. 5th Penny Sales Tax - Discussion and possible action.
SYNOPSIS OF ACTION: Agendized by Consent.
(See Page 9).
V/M Massaro MOVED to Agendize by Consent discussion on the 5th Penny
Sales Tax, SECONDED by C/M Disraelly.
VOTE:
ALL VOTED AYE
33. Restructuring Procedures of HOW Program - Discussion and possible
action.
SYNOPSIS OF ACTION: Agendized by Consent.
(See Pages 9 and -TO).
V/M Massaro said she has an item concerning discussion regarding
restructuring procedures of the Home Owner Warranty Program, and she
so MOVED, SECONDED by C/M Disraelly.
VOTE:
ALL VOTED AYE
34. PA System at Tamarac Park - Discussion and possible action.
SYNOPSIS OF ACTION: Agendized by Consent.
(See Page 9).
V/M Massaro said the PA system has been installed in the park as approved
by Council but they now need additional items per Sharon Ellis's memo
of 11/22/82, and she so MOVED, SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
- 2
11/24/82
/pm
Eil
2. Bid Award - Temp. Reso. #2524 - Discussion and possible action to
award a bid for the replacement of the roof at the Administration
Building.
5. Bid Award - Tamarac Park - Temp. Reso. #2525 - Discussion and possible
action to award a bid for the installation of two tennis courts.
3. Water & Sewer Developers Agreement - Discussion and possible action
on a revised form of agreement.
-.-SYNOPSIS OF..&CTIONTTABLEn_.-to.-_-
the reconvened meeting of 12/1/82.
V/M Massaro said the City Manager is not prepared at this time to have
_ Items #2 and 5.. _acted on until_ she _ has had _a --__further opportunity to r_eview -.--
them. V/M Massaro MOVED that these items be held for the 12/1/82 meeting.
SECONDED by C/M Disraelly.
V/M Massaro said Item#3, Water & Sewer Developers Agreement has been
restructured again and Council will want to review it further and she
MOVED that this be held for the 12/1/82 meeting as well. SECONDED by
C/M Disraelly.
VOTE: ALL VOTED AYE
1. Public Information Committee - Discussion and possible action to
appoint one member to this committee by Temp. Reso. #2523.
SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R - S1 - 3 351 PASSED.
appointment of Sophia S. Colton as a
member for a term to expire 5/11/83.
Jon Henning read the Resolution by title and C/M Krantz said at the
Council meeting of 11/10/82 a vacancy was announced on the PIC and he
recommended the appointment of Sophia S. Colton from Lime Bay, and he
so MOVED. C/M Kravitz said there were several people who applied and
he felt it would be advantageous to use that information and decide.
C/M Krantz said some of the resumes for PIC date back three or four years
and the only recent one is for Mrs. Colton. He said she has attended 3
meetings and works well with the committee. C/M Disraelly MOVED to ADOPT
Temp. Reso. #2523 appointing Sophia S. Colton to the PIC with a term to
expire 5/11/83. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
4. Consent Agenda
a) Alexander Grant & Co. - Auditors - Services during September,
1982, regarding financial statements as of 9/30/82 - $1,900.00 -
Approval recommended by Finance Director.
b) Solo Construction Corporation - 1982 Storm Drainage Improvements -
Mainlands 7 - Pay Estimate #1 - 11/16/82 - $40,494.60 - Approval
recommended by City Engineer.
c) Design Traffic Installation Company - Installation of Traffic
Signal at NW 64th Avenue and NW 57th Street - Approval of total
payment in the amount of $11,811.00 as recommended by the City
Engineer.
d) Tamarac Utilities West - Water Plant Roof Replacement -- Approval
of the following as recommended by the City Engineer:
(1) Change Order No. 1 decreasing the contract amount by $514.00
to a total of $9,036.00.
(2) Total payment in the amount of $9,036.00.
e) Tamarac Utilities West - Authorization to go to bid to refurbish
the air conditioning and heating equipment at the Administration
Building.
- 3 -
11/24/82
/pm
A
f) Alan F. Ruf, Consulting City Attorney - 11/19/82 - $1,078.45 -
Approval recommended by City Attorney.
SYNOPSIS OF ACTION: APPROVED Items
b) through f) with Item a) removed
for discussion and then TABLED to
the next regular meeting.
C/M Kravitz MOVED that Item a) be removed and voted on separately
until he gets more information on that and APPROVED Items b) through
f). SECONDED by C/M Disraelly.
VOTE:
ALL VOTED AYE
C/M Kravitz asked Steve Wood if the $1,900 to be paid to Alexander
Grant is the full payment or on account and Steve Wood said it is a
progress billing on account and is not the complete payment. C/I"
Kravitz asked if the statement of 9/30/82 was complete now and Mr. Wood
said right now the audit is on -going. C/M Kravitz asked if this $1,900
is going toward the audit and Steve Wood said he does not have available
at the present moment the total amount that was paid; C/
Kravitz MOVED to TABLE this for the next meeting. SECONDED by V/M
Massaro.
VOTE:
ALL VOTED AYE
6. Contract with Broward County Sheriff - Temp. Reso. #2526 -
Discussion and possible action to authorize the appropriate officials
to execute a contract concerning deputizing certain Tamarac Police
Officers as Deputy Sheriffs.
SYNOPSIS OF ACTION: APPROVED.
RESOLUTION NO. R-� �_ PASSED.
Jon Henning read the Resolution by title and C/M Disraelly said allegiance
is served to the Sheriff not the County and when Sheriff Bres:cher..took
office at the Sunrise Theatre, all of the deputies had to sign a new
agreement with him personally. He said, in order for Police Chief
McIntosh to be appointed by the Sheriff and then deputize others,
Council has to rescind the prior agreement with the Sheriff and he
MOVED that Temp. Reso. #2526 be APPROVED, SECONDED by V/M Massaro.
VOTE ..._..- _..._. - -. ALL VOTED AYE
7. Caporella Park - Budget Amendment - Discussion and possible action
to transfer funds from the Parks and Recreation Fund to the Caporella
Park Construction Fund until reimbursement of these funds under
State grant.
SYNOPSIS OF ACTION: APPROVED.
V/M Massaro MOVED that the Finance Director be authorized to make this
budget amendment. SECONDED by C/M Krantz.
C/M Kravitz said he does not think this is a change in the budget but
is just a transfer of funds. Steve Wood said it is a change in the budget
for Caporella Park and Cypress Creek Commons because it is being increased
for the City's share of those funds that were not previously transferred.
Mr. Wood said the funds are to come out of the Park and Recreation Fund
and are being transferred to those two specific funds. C/M Kravitz said
this is actually not a change in the budget and the motion was based
upon the changes in the budget and this has no iaffect on the budget.
- 4 - 11/24/82
/pm
V/M Massaro reworded her
to allow for the payments
certain funds".
VOTE:
motion to say "to make the transfer of funds
and the money would be reimbursed into the
ALL VOTED AYE
8. Streetli hts - Discussion and possible action on streetlighting on
Commercial Boulevard and other areas of the City.
................
SYNOPSIS OF ACTION: A letter to be
sent to the County and they are not
to reduce lighting anywhere else in
the City without consulting the City Manager.
V/M Massaro said sometime ago this Council discussed the possiblity of
reducing the amount of lighting on Commercial Blvd. and at that time
the Council was told that State law prohibited any changes there and
that a certain number of lumens were required. She said, since then,
the County went into a test program because their own lighting has
become so tremendously high, they decided to make'a test case of one
section of Tamarac and a section of Sunrise. She said Steve Wood, as
Acting City Manager, has discussed this with the County at her request
and the tests have shown that the one lumen they are now using on
Commercial Blvd. is adequate for the protection of the people and it
will save one half of the maintenance bills for those particular areas
as well as one half of the energy.
V/M Massaro said the City is paying the full amount for those lights and
the State is now using this method of only one Lumen, and she suggested
not giving blanket approval but, hereafter, any area that they want to
consider reducing the lighting would have to be approved by the City
Manager first. She pointed out that there are certain areas that are
more dangerous than others and the lighting should not be reduced.
C/M Disraelly said he has given reports at several meetings with the
Streetlighting Committee and he spoke with Phil Greene,
who is Assistant City Manager in Fort Lauderdale, who had headed that
Committee and he indicated the Committee would meet during the summer
but they did not. He said,in February, the City checked the cost of
streetlighting and, at that time, the cost was just short of $238,000.
He said 6 months ago the County said those lights could not be cut and
in the City of Sunrise they did not cut out every other light in their
experiment but they went from a 400 watt to a 250 watt bulb which will
save them about 1/3 of the cost of the entire roadway.
C/M Disraelly said the City of Fort Lauderdale's street traffic lights
are being changed from 150 watt to 135 watt bulbs for the red, yellow and
green lights in the traffic signalization in order to save money. He
said there is a great deal of money that can be saved in this way. V/M
Massaro said in her experience in years past, the State paid for the
lighting of State roads and this should be taken up with the legislators
and the League of Cities to require the State to assume their responsibility.
C/M Disraelly said the County is paying for the maintenance of the poles
only and the utility charges them per pole. Mayor Falck said this is a
very appropriate time to be discussing this since the emphasis in the
early stages of the 1983 Legislature is going to deal with all related
matters to transportation.
V/M Massaro MOVED that a letter be sent to the County approving the
reduction in lighting between Rock Island Road and 64th Ave. and that
they immediately contact FP&L and see that the billing is adjusted.
She said the City Manager can negotiate with them when she returns since
there is a two month period which amounts to a significant amount of
money. She said under no circumstances are they to reduce the lighting
anywhere else without consulting with the City Manager first. SECONDED
by C/M Kravitz.
VOTE: ALL VOTED AYE
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11/24/82
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Tape 14. Glendale Federal (Sheppard Plaza) - Sign Waiver - Temp. Reso.
2 #2531 - Discussion and possible action to waive the provisions
of the sign ordinance to allow a second sign at this location.
SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R PASSED.
with conditions.
Jon Henning read the Resolution by title and C/M Disraelly said this
item has been before the Beautification Committee and they approved
one wall sign to go above the entrance of Glendale Federal, the letters
of which were to match all of the letters used in the shopping center.
He said their request is for a second sign to be on University Dr. since
it is a corner location but must go to waiver. He said the Beautification
Committee recommends a second sign be approved, however, the lettering
must be identical to that which was approved for the first sign. lie
MOVED the APPROVAL of Temp_. Re_so._#2531 approving the waiver on the side
of the building facing University Dr., the west wall, providinq the
lettering is the same size, color and conformation as that over their.
entrance. SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
17. Lakes of Carriage Hills - Model Sales Facility - Discussion and
possible action to renew a model sales permit for a facility located
at 6180 Rock Island Road.
SYNOPSIS OF ACTION: APPROVED
for 6 months from 11/27/82.
C/M Disraelly said Council has a report from the Finance Director
indicating that Lakes of Carriage Hills agreement is current, the 25%
take -down has been taken down and all fees due have been paid. lie
MOVED the extension of Lakes of Carriage Hills model sales facility for
6 months from 11/27/82, SECONDED by C/M Krantz.
V/M Massaro told Bob Daurity, the Contractor, that there is an Option
Agreement pending on this property and the work will take approximately
another 6 months. She said this will complete all of the items under
the Agreement and at this time the $112,000 will become due. Mr.
Daurity said he understood.
VOTE:
ALL VOTED AYE
13. Professional Dry Cleaners (Sunshine Plaza) - Sign Waiver - Temp-
Reso. #2530 - Discussion and possible action to waive the provisions
of the sign ordinance to allow a second sign at this location.
SYNOPSIS OF ACTION: APPROVED
with conditions.
RESOLUTION NO. PASSED.
Jon Henning read the Resolution by title and C/M Disraelly said this
applicant will put up a sign that will
conform to the shopping center in color. He said the Beautification
Committee approved the sign on the east wall and he is now requesting
a sign to be put on the wall that faces Commercial Blvd. C/M Disraelly
MOVED that the sign be APPROVED subject to the same color and lettering
as was approved on the first sign. SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
11/24/82
/pm
16. Richway at Tamarac (Federated Department Stores) - Discussion and
possible action to amend the terms of the Water and Sewer Developers
Agreement.
SYNOPSIS OF ACTION: APPROVED
with conditions.
V/M Massaro suggested that this money be refunded to them, whatever
they paid for the CIAC fee, but that no guaranteed revenues be refunded
because the capacity was reserved for them, and she so MOVED. SECONDED
by C/M Disraelly.
Jon Henning asked if Council is directing the Legal Department to prepare
an amendment to the existing Water and Sewer Agreement and that the
provisions of the amendment would be that there would be a release of
those ERCs and there will be no refund of the guaranteed revenues.
V/M Massaro included the statement which Jon Henning made into her
MOTION. She said if there is a fee required for a refund it should
apply here and the money should be deducted.
VOTE:
ALL VOTED AYE
18. Lake Colony (Brookwood Gardens) - 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 from 11/30/82.
C/M Disraelly said with indications that there are no fees due, guaranteed
revenues starting now, he MOVED that Lake Colony be GRANTED a 6 month
extension from 11/30/82, SECONDED by C/M Krantz. C/M Disraelly added
that the 300-foot distance requirement should be waived.
VOTE:
ALL VOTED AYE
19. Woodmont Tract 70 - Model Sales Facility - Discussion and possible
action on a request to renew a model sales permit and waiver of
the 150-foot distance requirement for certificates of occupancy
(tabled from 11/10/82).
SYNOPSIS OF ACTION: APPROVED
for 6 months from 10/28/82.
C/M Disraelly MOVED the APPROVAL of Woodmont Tract 70 for the model
sales facility and the waiver of 150-foot distance requirement for a
period beginning 10/28/82. SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
20. Isles of Tamarac - Model Sales Facility - Discussion and possible
action on a request to renew a model sales permit and waiver of
the 300-foot distance requirement for certificates of occupancy
(tabled from 11/10/82).
........... ......
SYNOPSIS OF ACTION: TABLED. The City Attorney
was authorized to write to them requesting pavment of fees.
Steve Wood verified that the applicant has not paid fees due and C/M
Disraelly MOVED that the City Attorney be authorized to write a letter
to the Isles of Tamarac advising them that if their fees are not paid
currently, within 10 days of this date, it will be necessary for the
City to request they close their model sales. This will be reviewed
at the next Council meeting for such a determination. SECONDED by V/M
Massaro.
VOTE:
ALL VOTED AYE
- 7 -
11/24/82
/pm
21. Woodmont Tract 57 - Bond Release - Tem2. Reso. #2515 - Discussion
and possible action to release a warranty bond posted for public
improvements (tabled from 11/10/82).
SYNOPSIS OF ACTION: APPROVED.
RESOLUTION NO. R-- - PASSED.
Jon Henning read the Resolution by title and V/M Massaro said this item
was tabled at the last regular meeting pending some work that was not
completed and the City Engineer's office has confirmed that the work
is still not complete and they are not ready to release this bond.
She MOVED that this item be TABLED until such time as the work is
completed. SECONDED by C/M Krantz. V/M Massaro said a letter should
go to them asking them if they extended the bond because they did say
they would do this if the work was not complete.
Dorothy Korizen, of Keith and Schnars, representing Montwood, said the
repairs have been made and the utility department should inspect them
this afternoon or Monday. She said the bond expires 12/13/82 and they
would like to have approval subject to the repairs being approved by
11/29/82. V/M Massaro said she would be satisfied with that, however,
if the work is not completed by 11/29/82, the bond would have to be
called.
C/M Disraelly said the Resolution.does give the options to either complete
the work or extend the letter of credit or call the bond and he MOVED
the ADOPTION of Temp. Reso. #2515 as written. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
29. Pension Trustee - Appointment of Trustee to replace Judith Bernstein
SYNOPSIS OF ACTION: Agendized by Consent.
(See Page 1). APPROVED appointment of Sheila
Wolken.
Mayor Falck said this was Agendized at his request and relates to the
resignation of Mrs. Judith Bernstein who was a member of the Board of
Trustees of the Pension Board. He said they canvassed possible applicants
for this position and Sheila Wolken was suggested and her name was
presented to the Administrative Board and they concurred and are asking
or Council's approval.
C/M Krantz MOVED the appointment of Sheila Wolken to the Board of Trustees
of the Pension Board replacing Judith Bernstein who resigned. SECONDED
by C/M Kravitz.
VOTE:
ALL VOTED AYE
Mayor Falck asked Steve Wood to notify Robin Meisler, Personnel Director,
that this appointment has been made by the Council.
30. Purchase for Utility Shed at Tamarac Park - Discussion and possible
action. -
SYNOPSIS OF ACTION: Agendized by Consent.
(See Page 1). APPROVED at a cost not to
exceed $825.00.
Mayor Falck referred to a memo dated 11/15/82 from Sharon Ellis concerning
the need for a storage shed at Tamarac Park with the estimated cost
anticipated at $824. C/M Disraelly MOVED that the Parks and Recreation
Fund pay for the cost of a 10x15x7 utility shed as expressed in the memo
of Sharon Ellis dated 11/15/82 at a cost not to exceed $825 with the other
work to be done by Public Works. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
11/24/82
/pm
32. 5th Penny Sales Tax - Discussion and possible action.Tem Reso.#2538
SYNOPSIS OF ACTION: Agendized by Consent. RESOLUTION NO. R!::_ - 3 PASSED.
(See Page 2)'._APPR0VED.
Mayor Falck said Council received copy of a Resolution that has been
passed by other municipalities opposing the reallocation of the sales
tax that was collected and it was felt by members of Council that it
would be desirable for them to take a stand in opposition to the original
proposal about the allocation of the sales tax funds.
Jon Henning read Temp. Reso. 42538 by title and C/M Disraelly MOVED
the ADOPTION of the Resolution as read by the City Attorney, SECONDED
by C/M Krantz.
VOTE:
ALL VOTED AYE
34. Public Address System at Tamarac Park - Discussion and possible
action.
SYNOPSIS OF ACTION: Agendized by Consent.
(See PageAPPROVED purchase not to
exceed $500 for Parks & Recreation Fund
per Sharon Ellis's memo of 11/22/82.
C/M Disraelly said Council has received a report by Sharon Ellis regarding
the PA system at the park and they found at the last program held there
that they need extension cords for the microphones, a platform on wheels
to support the speakers rather than that which is set on grass, some sort
of covering for the speakers in the event of inclement weather and that
the speaker cords be painted with luminous paint for safety purposes.
C/M Disraelly MOVED that the Parks and Recreation Department be permitted
to spend a sum not to exceed $500 for the items that are involved in
Sharon Ellis's memo of 11/22/82. SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
C/M Kravitz suggested that any minutes that may be available from the
Broward League of Cities be distributed to Council so that they may
review them. Mayor Falck said there have been no minutes released to
him at the present time.
23. Drama e Improvements in the City - Discussion and possible action.
SYNOPSIS OF ACTION: Brief report on
Sunflower Heat gate.
Mayor Falck asked Jon Henning if there were any comments concerning the
suit that was filed against the City and Jon Henning said there is nothing
new at this time and he is in contact with Alan Ruf on this. Mayor Falck
asked Steve Wood the total amount paid by the City on drainage improvements
in the Sunflower/Heathgate area and Mr. Wood said between $150,000 and
$165,000 was approved for drainage there.
33. Restructuring Procedures of HOW Program - Discussion and possible
action.
..... ........
SYNOPSIS OF ACTION: Agendized by Consent.
(See Page 2). Until further action taken at
12/1/82 meeting, Chief Building Official is
authorized to render CO's on homes under certain conditions.
11/24/82
/pm
V/M Massaro said the Building Department has had problems with the
HOW Program and although the enrollment was approved in the past, this
did not necessarily mean that they had approved the warranty. She said
after the enrollment, a fee was paid at a future date by the builder
and it was at that time that they issued the warranty to the builder
to be passed on to the homeowner. She said they have now changed these
procedures and now this warranty is not approved until the closing which
takes place after the CO is issued by the City. In the meantime, one
of the developers had the enrollment approved and to all indications,
as far as the City was concerned, everything was approved. The developer
died and did not pay the premium and there is no warranty on those
particular houses. She said the Building Department questioned her as
to what should be done now concerning COs and she said until she takes
this to Council she would suggest three ways of handling this;
Before the Building Department would issue a CO, they must have
a) A certified warranty. Failing to Be ab 1 e - to produce Fat,
b) A letter that would be sent in from the company indicating that the
premium had been paid and that they had accepted them for enrollment
and the application binder including the warranty would be completed
prior to or at the time of closing. This guarantees that they would
have the warranty.
c) The other alternative would be payment of a $1,500 cash bond for
each unit as required by the City Ordinance.
V/M Massaro said the letter would have to be subject to the approval of
the City Attorney. V/M Massaro asked Council's input and C/M Disraelly
and Mayor Falck said they see no problem with this proposal and Mayor
Falck said he agreed that this should be examined in total to decide
what to do from this point.
V/M Massaro suggested that when Council review this program they consider
the program that was approved frr F&R as well. She MOVED until further
action is taken on 12/1/82, aftc__ Council has had an opportunity to
review the Resolution as it pertains to the HOW Program, that the Chief
Building Official be authorized to render COs on homes providing that
either a certified warranty from HOW is in -hand or a letter, which would
have to be approved by the City Attorney, guaranteeing the warranty be
produced by the developer or that they post a $1,500 cash bond for each
unit. SECONDED by C/M Disraelly. C/M Disraelly requested copies of the
original HOW Program Ordinance and V/M Massaro requested copies of the
program itself from the City Clerk.
VOTE: ALL VOTED AYE
22. Edward W. and Blanche Higgins -- Special Exce tion Petition #18-Z-82-
Temp. Reso. #2381 - Discussion and possible action to grant a special
exception to allow the construction of a self-service gasoline
station in a B-2 zoning district at the northwest corner of NW 88
Avenue and Commercial. Boulevard (public hearing held 7/28/82).
SYNOPSIS OF ACTION: APPROVED
with conditions.
RESOLUTION NO. R- ��-3�� PASSED.
Tape ,Ton Henning read the Resolution by title.C/M Disraelly told Greg Darby
3 that a right -turn lane is required at 88th Avenue and Commercial Blvd.
Greg Darby, of Darby and Way, representing the applicant said
... ... .....
they would like to discuss that with the County. Richard Rubin suggested
that as a condition of approval, the applicant review this site with
Broward County Transportation Department If the County agrees
with Mr. Darby that there is a problem with its this will be reported
when the site plan comes in for final approval.
C/M Disraelly said Council may require more landscaping than usually
required under the Ordinance because this is a gas station facility.
V/M Massaro said this is procedure and one person of Council would work
with them and then bring it to Council for approval. C/M Disraelly said
the fact that two signs are shown on the site plan does not mean that
they would be approved at those two locations and Mr. Darby said he
understood that.
- 10 -
11/24/82
/pm
C/M Disraelly said all of the conditions in Richard Rubin's memo of
11/19/82 have been voluntarily approved and the final site plan must
conform to all applicable Ordinances. V/M Massaro said there are certain
areas where a 3' berm would not be feasible and Mr. Darby agreed that
where visibility was questionable that would be considered.
V/M Massaro said she spoke with the County and discussed the possibility
of a traffic light in one location of 88th Ave. at 57th St. and the other
location, if the first is not possible, would be 94th and Commercial.
She said she received no commitment from them on either location at this
time and she said it took her three years to get the light at Bermuda
Club at 57th and 64th Ave. She said she would have to object to the one
year period stipulated in the letter from Shell Oil Co. dated 10/11/82
to C/M Disraelly. She said a minimum period of three years would be more
agreeable, and hopefully, it would not be that long but it could be.
_....
V/M Massaro said the traffic light, which the County
said would cost between $35,000 and $40,000, does not include the
road work involved. She suggested that Shell Oil Co. pay for the traffic
light and that the City would try to accumulate this money from whomever
else would come in on the other corner. She said those that are already
existing will not contribute and the only way to receive a contribution
would be from a new builder on the other corner, however, when this would
be is uncertain. She recommended that Shell Oil be required to pay
a minimum of $35,000.
Milton Shaw, real estate representative for Shell Oil, said they do not
object to paying a fair share, however, they were under the assumption that
they would pay a fair share .and not for the entire traffic light. He
said they were working under the premise that the traffic light might
cost as much as $50,000 and they, therefore, felt $25,000 was a fair
share with the City paying the other half for the other corner.
Mr. Shaw said he could not understand how a light in another location
would serve his area and V/M Massaro said any business in that area
creates impact on the traffic and, therefore, causes problems. Mr.
Shaw referred to his letter to the City in which he ,sucraested a suretv
bond with the City which would provide a reputable insurance company
to insure that they would pay their fair share. V/M Massaro said the
City has required a cash bond from others and they should remain
consistent in this area. She said the $35,000 to $40,000 is not the
full cost of a traffic light because there will be a left turn lane if
it is on 88th Ave. and other things involved which could include a
minimum of $20,000.
V/M Massaro said she is working diligently to have the County put this
light on 88th Ave. where it would be of most service to Shell Oil and
the City will certainly try to recover the cost from whomever develops
the other corner and the costs that are going to be attributed to
the road work. She said if that amount exceeded what Shell Oil paid
it would be only fair to proportionately require them to pay the same
amount and return to Shell anything more than what they paid. She said
at this moment, the City should not deviate from the cost of the light.
V/M Massaro said this is not an official site plan but they are working
from a concept and she MOVED that the special exception be GRANTED subject
to the following conditions:
1. To redesign the driveways into Commercial Blvd. to be "One Way" in
at the east property line and "One Way" out at the west property line.
2. That the applicant, the Shell Oil Co., be required to pay a cash
voluntary donation for a traffic light to be installed at either
88th Ave. and 57th St. or, failing to get the appropriate approval
of the location, then the light would go at 94th Ave. and Commercial
Blvd. and they would be required to pay a flat sum of $35,000. This
amount of cash would generate some interest and this interest would
belong to the City.
11/24/82
/pm
If the light is not installed within a period of three years,
the money is to be refunded to Shell Oil Co.
3. The final site plan must conform to all applicable Ordinances
of the City.
4. The landscaping would be upgraded beyond what is required by
the City Code because it is a gas station and additional
landscaping is required. This would be subject to their reviewing
this with one member of Council and to be brought to the Council
at a regular meeting for final approval.
5. On all right-of-way lines there be free -flowing berms and not
to exceed 3' in height. Where the 3' heights would go will be
subject to the review of one member of Council.
6. The right -turn lane on 88th Ave. at Commercial Blvd. will
be subject to them reviewing it with the County, who in turn
will review it with the City Engineer to get final approval.
7. At the time of site plan approval, the $35,000 must be paid.
Mr. Shaw asked that when the other corner is developed, whether it be
at 88th Ave. and 57th or at Commercial and 94th Ave., any funds received
by the City from those developing property owners in excess of the total
cost of this traffic light, up to $10,000, would be refunded to Shell.
V/M Massaro included in her MOTION that when the other property is
developed, if the City generates more money than the cost of installing
the light and the road work that will be necessary, then Shell Oil Co.
could be reimbursed up to $10,000. SECONDED by C/M Disraelly.
VOTE:
ALL VOTED AYE
31. Amusement Centers - Temp._ Ord. #k967 - Discussion and possible action.
SYNOPSIS OF ACTION: Agendized by Consent.(See Page 1)ORDINANCE NO. O- g;z_�,s PASSED.
APPROVED on second reading as amended.
C/M Disraelly said at the last Council meeting a public hearing was held
concerning Temp_. Ord. #967, known as the Amusement Center Ordinance, and
at that time, Mayor Falck requested a verbatim of the public hearing.
C/M Disraelly said he has reviewed this with the City Attorney since
that time and it seems that the most important item that was referred
to in the presentation is a clarification of the game room and that there
be a definite area for the games to be located. He said, in review of
this with the City Attorney, the use of the words "specific area" defines
whatever location the games will be located and there might be a problem
with a wall as was considered at one time.
C/M Disraelly said that two members of Council had indicated that they
might not be present at today's meeting and both have changed their plans
and now might not be present at the 12/8/82 meeting. He said since they
have a full Council today and it is the City Attorney's opinion that
it is legal to hold the vote at this particular time. He said, in the
review of the Ordinance, with the City Attorney, there are some
recommendations to be made regarding the Ordinance.
C/M Disraelly said on Page 5, Line 4, Section 14-6, the title should be
changed to "additional requirements for primary use and accessory use
Amusement Center". On Line 28, under "H", it should say"the net
"designated" area to be provided for amusement games shall be not less
than 44 square feet", the word "designated" is essential in order that
all the games be confined within one area. Jon Henning said on Page 2,
Line 17, the word "secondary" should be struck and the word "accessory"
inserted in its place.
C/M Disraelly said on Page 5, Lines 16 and 17, after review of the distance
requirements, in order to be compatible with other areas of the City,
that "1,800 feet" should be changed to "1,500 feet
- 12 - 11/24/82
/pm
L
� � r
C/M Disraelly said on Page 5, Line 16 D would read, "no amusement center
shall be located closer than fifteen hundred (1,500) feet from any public
or private primary or secondary school or playground. Measurement shall
be from the exterior walls..." He said on Page 4, Line 24, "provide a
statement committing the applicant to require children under the age of
16 to be accompanied by a parent or other adult", striking the age of "21"
from there; however, it still requires a person 21 years -of-age
or older during the hours of operation.
Jon Henning said on Page 6, Line 9, Section K, after the words "with more
than 20 games", the words "that is open for business" should be added to
tighten up the fact that police security is required in places that are
open for business after 8:00 p.m. On Page 7, Line 4, "violation of any
provision of the management plan filed with the "Chief of Police" should
be "City Clerk". He said there have been some suggestions about a fee
for the hearing and he has put an amendment together concerning this.
Mayor Falck suggested having this at the end of the discussion.
Jon Henning said on Page 6, Line 20, Section 14-108, this paragraph could
be Paragraph A and Paragraph B would be his proposal concerning fees.
V/M Massaro said, in order to have this ready now, it should be stated
that the fee shall not be less than $250 and this would be part of
Paragraph B.
C/M Kravitz said it is unfair to take up an Ordinance of this type,
which is important to the citizens of Tamarac and which was anticipated
for the meeting of 12/8/82. He said he feels he is not prepared at this
time to say this is or is not the best type of Ordinance and whether or
not it should be revised in any way. Ile said he would like to see 1,800
feet remain the way the original Ordinance stated. He requested that
this be tabled to 12/8/82 so that the public can give their ideas.
C/M Disraelly said this Ordinance was presented to
He said it has been revised several times trying to
of the City so that their peace, health, safety and
but Council cannot write an
Council
Ordinance that precludes anyone from doing business. He said the public
hearing was held two weeks ago and Council has reviewed all of the
remarks of the public hearing and have been advised by the President
of Section 8 that he is in agreement with the Ordinance that will
protect the people in his area. He said the Council has been advised
by the members of the Presidents Council, who represent all of the
areas of the City, that they can live with this Ordinance and still
not be in the posture of saying that the Council has provided an
Ordinance in the restraint of trade or prohibition of free speech.
C/M Disraelly said Council reviewed all of these things, not only with
the City Attorney but with the Consulting City Attorney and the purpose
of this Ordinance, despite the criticism that has been in the newspaper,
is for the protection of the residents of the City. Ile said, with the
additional changes that have been made by him and the City Attorney,
he MOVED the ADOPTION of Tem . Ord. #967 with the changes that have
been suggested:
On Page 2, Line 17, the word "secondary",be changed to "accessory"
On Page 5, Line 4, Section 14--106 to read "additional requirements for
primary use and accessory use Amusement Centers".
On Line 16, Item D, the "1,800 feet" be changed to "1,500 feet", on
both Line 16 and 17.
On Line 28, under "H", the word "designated" be added between "net"
and "area" so it will now read "the net designated area provided...".
On Page 6, Line 9, "Center with more than 20 games..." add the words
"that is open for business".
- 13 - 11/24/82
/pm
On Page 7, Line 4, that the words "Chief of Police" be changed to
"City Clerk". SECONDED by V/M Massaro
Bernie Hart, representative of the Presidents Council, said he wanted
to clarify C/M Disraelly's statement that the Presidents Council
endorsed this Ordinance. He said this was taken up at their last
Board meeting in its form before these last corrections were made.
He said, at that time, they said they had made at least six suggestions
at the public hearing and if none of them were adopted, they could
live with the Ordinance as it was. He said, since then, none of the
suggestions that were made at the public hearing have been embodied
in this and it has been changed from the "1,500" to "1,800" feet
which was not in it when it was approved by the Board at the Presidents
Council.
Tape Mr. Hart said at the public hearing a man stated that his location was
4 1,600 feet and he questioned why this distance was set at 1,800 feet.
He said by changing this from 1,800 feet to 1,500 feet Council is
allowing him in. C/M Krantz said he is inclined to go along with
the 1,800 feet since after much discussion,it was changed from 1,500
feet to 1,800 feet and he sees no need to change it back. He said he
also feels the 300 feet would be preferable to the 250 feet since
300 feet is required from a model sales home and this seems better.
C/M Disraelly said he would add to his MOTION that on Page 6, Section
14-108 Licensing Hearing, that Lines 21 through 28 be Paragraph A and
that a new Paragraph B be inserted to read:
"Fee for processing applications; reasonable fee to cover cost of
publication. All applications for approval of primary use or accessory
use Amusement Centers shall be accompanied by a fee in an amount
determined by Resolution of the City Council to cover all costs in
processing such applications. In addition, the applicant shall be
responsible for the reasonable costs of publication in connection
with said application for such license. This fee shall not be required
of Amusement Centers required to obtain a Special Exception. The
fee to be established shall not be less than $250".
Jon Henning said,.Council is attempting to have some consistency in
the Ordinances of the City. He said there is case law that establishes
a boundary in some instances and Council feels they can justify
1,500 feet in certain instances. He said this is the first step in
strengthening some of the City's Amusement Ordinances and enlarging
the buffer area to 1,500 feet for adult amusement centers, etc. from
a school or a church. He said the Legal Department will offer some
recommendations to bring that Ordinance in line with this one but they
are trying to be consistent with other Codes, with other states, and
other cities.
C/M Kravitz said he reviewed this Ordinance with the City Attorney
and it is his opinion that since Council was not notified prior to
this morning that this may come up, and he is unprepared on this, he
suggested it be tabled at this time so that Council may review these
changes and then vote on it. He said the fact that this dates back
to February is no indication that it must be changed with urgency before
12/8/82. He MOVED to TABLE this either for 12/8/82 or any other
meeting when the entire Council is present. Mayor Falck called for
a SECOND and the MOTION died for want of a SECOND.
Mayor Falck called for the vote on C/M Disraelly's MOTION on the floor.
VOTE: C/M Krantz Aye
C/M Kravitz Nay
C/M Disraelly Aye
V/M Massaro Aye
Mayor Falck Aye
- 14 -
11/24/82
/pm
F-7
V/M Massaro asked the City Attorney to amend the Ordinance as it
relates to the beer, liquor and wine and adult Amusement Centers. so
that the same number of feet are required betwen a school or church
and the establishment.
MAYOR FALCK RECESSED THE MEETING UNTIL 1:30 FOR LUNCH.
MEETING WAS CALLED TO ORDER AT 1:30 P.M.
ROLL CALL: PRESENT: Vice Mayor Helen Massaro
Councilman Irving M. Disraelly
Councilman Philip B. Kravitz
Councilman David E. Krantz
ABSENT: Mayor Walter W. Falck (entered meeting
at 2:10 P.M.)
15. Kings Point Professional. Plaza - Revised Site Plan - Temp. Reso.
#2536 - Discussion and possible action on a revised site plan for
parking lot layout.
SYNOPSIS OF ACTION: APPROVED
with conditions.
RESOLUTION NO. R- S�7-_S31d PASSED.
Jon Henning read the Resolution by title and Marty Riefs, representing
F&R said they have submitted for Council's approval a revised site
plan reflecting the revised parking layout for the Kings Point Pro-
fessional Plaza. Fie said this was approved by the Planning Commission
on 11/17/82. C/M Disraelly suggested that where "One Way" signs are
shown, these signs indicate "No Right Turn" or "No Left Turn
Charles Jacobson, from F&R, said there are arrows indicating
direction but C/M Disraelly said the verbiage would be helpful.
Marty Riefs said they submitted a letter stating that they have an
executed Water & Sewer Agreement dated 7/28/82 paid for in total and
also recorded in Broward County. He said this included the 2-1/2 ERCs
as of 7/28/82 which are the ERCs required for the sales model office,
mn_0p1.q thamsPlvPS are dry. He said this is zoned B-5 and at the
conclusion of the development of the community, the models would then
be used for offices under the B-5 zoning.
Marty Riefs said pursuant to Council's request, they submitted a letter
stating that the model sales center is developed in two stages.
Mr. Riefs said the first stage is as it appears before Council with
five models dry and a sales office and the second stage after the
conclusion of the development of the community is that those two open
areas would then be used as offices and the total would then be one
building. C/M Disraelly asked if there would be plumbing put in the
models even though they are dry and Mr. Riefs said there will be a
plug there and when they are converted to offices they can resubmit for
Council's approval the revised site plan and enter into a revised Water
and Sewer Agreement at that time.
Richard Rubin said Mr. Riefs and Council in July agreed that the concept
at that time was Council was giving permission for the specific use of
a sales office and model use buildings that are dry and if, at any time,
they want to come in to convert that to a different use, a second Water
& Sewer Agreement will be required. V/M Massaro said clarification is
needed because Phase II would need a revised site plan. Richard Rubin
asked the applicant to mark this on the revised site plan and also part
of the condition is that all new construction will require a revised site
plan. Charles Jacobson from F&R said this was the plan that was approved
by Council and everything on the cover sheet was exactly what was approved
with all of the circumstances as outlined.
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11/24/82
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Mr. Jacobson said the reason they are before Council is because it was
brought to their attention by a staff member of the City that their
parking ingress/egress situation was not the best thing from a safety
point of view. He said he could not understand why Council is reviewing
something that was approved before and V/M Massaro said it should be
clarified that Phase II requires a separate revised site plan and C/M
Disraelly said that area marked as Phase II is not being discussed but
when the two buildings are being put in there, another site plan is
needed. Marty Riefs suggested that at a later date he would like to
review the Ordinance with the Vice Mayor because he feels there is
ambiguity there that would indicate that the over-all site plan could
be approved and not necessarily each phase in itself is separate.
V/M Massaro said all prior conditions of approval in Resolution No.
82-192 dated 7/14/82 that are not inconsistent with this plan are
still in full force and effect. C/M Disraelly MOVED the ADOPTION of
Temp. Reso. #2536 subject to:
1.� 1n Section 1, D, "that the developer agrees to enter into a revised
Water & Sewer Agreement for additional ERCs prior to obtaining a
building permit for future office use". The number of ERCs are to
be determined at the appropriate time.
2. the developer must obtain separate approval for moTie-Y use purposes.
3. that all prior conditions of approval incorporated in Resolution
No. 82-192 dated 7/14/82 that are not inconsistent with this plan
are still in full force and effect.
4. the location and approval of the two ground signs indicated on the
plan are not included in the site plan. They will have to conform
to City Code and go to the Beautification Committee.
5. that the two areas on the site plan. marked Phase II Future Addition
are not part of the site plan and when buildings are erected on
those areas, a revised site plan will be required to be presented
to Council.
C/M Krantz SECONDED the MOTION.
VOTE: C/M Krantz
C/M Kravitz
C/M Disraelly
V/M Massaro
Mayor Falck
25. City Manager Report - No report.
24. City Council Reports -
C/M Disraelly - No report.
C/M Kravitz No report
26. City Attorney Report
Aye
Aye
Aye
Aye
Absent
Jon Henning said the Government Attorneys of Broward had a luncheon
on 11/22/82 and Alan Becker was the guest speaker. He said they are
looking forward to seeing what the court will be doing in the Hialeah
Case. He reported that Alan Ruf has been elected as President of the
Attorneys of Broward and he will give Council a memo on this. He said
they have just passed a recent deadline on the Charter Board Amendments
or revisions for the election in March and the Charter Board has been
very active in putting together some amendments. He said he has some
language prepared that he would like to distribute to Council for their
review and, perhaps, at the next regular meeting, there might be some
further discussion on this.
Mayor Falck entered. the__ meeting at this time.
=W�
11/24/82
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71
PUBLIC HEARING
10. Fapan, Inc. - Special Exception Petition #32-Z-82 - Temp. Reso.
#2527 - Discussion and possible action to grant a special
exception to allow on -premises consumption of beer and wine
in a B-3 (General Business) zoning district at Bageland, a
proposed restaurant in Bay 23 at Tamarac Town Square at 8217
NW 88 Avenue.
SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-PASSED.
- .... .... ... _. ..... ---
with conditions.
Tape
5
Mayor Falck opened and closed the public hearing with no response and
V/M Massaro said while waiting for the City Planner she wanted to
report that on Commercial Blvd. at Steak and Ale there is a tow -away
trailer with trash there at all times and this is illegal. She asked
Steve Wood to take appropriate action. Richard Rubin said the City
Manager investigated that and they did come in for a building permit
to renovate the interior of the restaurant. V/M Massaro said this has
nothing to do with this dumpster being there and it must be removed.
C/M Disraelly asked Richard Rubin if a restaurant does not require
daily pickup of garbage and Richard Rubin said they investigated this
and they could not find that specific requirement in the Code. C/M
Disraelly questioned Jon Henning concerning this and he said he would
need an opportunity to check this further but he believes it may apply
to all. districts. Mr. Rubin said in the contract it states that the
dumpster will be placed inside the building and C/M Disraelly said
this is all the more reason for concern about vermin,etc. Richard
Rubin said in looking at the plan, he is concerned as to where this
would be placed and the applicant should be reminded that it might
require sprinkling of the dumpster area if that is required by the
South Florida Building Code because normally the dumpsters are outside.
Lou Fenster, Manager of Bageland,said the dumpster is outside on a
dumpster pad and will be fenced in with a wooden fence. There is a
can wash out there and a special chemical is poured into the dumpsters
daily that eliminates any odors,besides which,all the garbage will be
in plastic bags, tied and placed inside the dumpster. He said as far
as he knows, the dumpster cannot be filled in one day so it will be
covered at all times and located directly behind the building.
C/M Disraelly said garbage dumpsters must be cinderblock according to
standard. Richard Rubin said there is no new enclosure planned,it
will be an existing enclosure. C/M Disraelly asked if the existing
site plan shows one for each store and Richard Rubin said this is
Tamarac Town Square and in the last revised site plan Council required
them to place additional dumpsters in back and they were required to
put their dumpster container in an existing enclosure on the revised
site plan. C/M Disraelly asked if others would be using that same
dumpster enclosure and Mr. Fenster said each tenant has their own.
Mr. Rubin explained that Mr. Fenster cannot speak for the shopping
center and the questions being asked should be directed to the manager
or owner of the shopping center. V/M Massaro MOVED APPROVAL of the
license to serve beer and wine from 7 A.M. to 6 P.M. local time and
this license cannot be transferred to anyone else nor to be transferred
to any other address. The applicant must observe the standard Sunday
hours. SECONDED by C/M Disraelly.
VOTE:
ALL VOTED AYE
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11/24/82
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r
11. Pizza Stop & Restaurant, Inc. - Special Exception Petition
#33-Z-82 - Temp. Reso. #2528 - Discussion and possible action
to allow on -premises consumption of beer and wine in a B-3
(General Business) zoning district in conjunction with a
proposed restaurant in Bay 10 at Tamarac Town Square at 8275
NW 88 Avenue.
SYNOPSIS OF ACTION: APPROVED.
with conditions.
RESOLUTION NO. R_�33 PASSED.
Mayor Falck opened and closed the public hearing with no response.
Richard Rubin said this has been reviewed by the Planning Commission
and special exception was recommended on 11/3/82 subject to_beinq
consistent with the State Code regulations regarding location to
houses of worship and schools.
Enrico Amico, the applicant, said the hours are going to be 11:00 A.M.
to 11:00 P.M. V/M Massaro MOVED that the applicant be permitted to
have the beer and wine license and that the hours be from 11:00 A.M.
to 2:00 A.M. local time with the normal Sunday observance required.
No transfer of the license to any other location nor to a new owner
in the same location. SECONDED by C/M Disraelly.
VOTE:
ALL VOTED AYE
12. Ernest Sartori - Limited Parking Waiver Petition #34-Z-82 -
Temp. Reso. #2529 - Discussion and possible action to grant a
limited waiver of the parking requirements in Section 18-3 of
the Code for a proposed shopping center to be located at the
southwest corner of Commercial Boulevard and NW 31 Avenue.
SYNOPSIS OF ACTION: TABLED until
such time as they have appropriate
Engineering plans in-house and approval
from the County on the engineering plans.
Richard Rubin said he informed the applicant of the City's request to
table final decision on this matter and he is not present. Mayor
Falck opened and closed the public hearing with no response. V/M
Massaro MOVED that this item be TABLED until such time as they have
appropriate engineering plans in-house and approval from the County
on the Engineering plans. SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
Richard Rubin said last Monday afternoon C/M Disraelly and Emil Beutner
attended a Planning Council meeting with the Acting Chairman, Mayor
Falck and the Land Use Plan was recertified by the Planning Council
and Tamarac is the only City that has a totally 100% certified Land
Use Plan today that complies with all the regulations of Broward
County. The next step would be to adopt it by proper Ordinance which
would be within the next 45 days and Council will receive further
backup on this.
9. Broward League of Cities - Discussion and possible action.
SYNOPSIS OF ACTION: Mayor Falck
gave a brief report.
11/24/82
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Mayor Falck said he attended a meeting of the Broward League of
Cities at noon time today and some of the topics discussed were:
1. Sales tax exemption for Public Works projects.
2. The State reimbursement to local governments for relocation of
utilities.
3. Reimbursement to local governments for signalization at state
road intersections.
4. Amendments to the procedure for the Competitive Consultants
Renegotiation Act. These will be discussed in more detail after
more material is put together concerning this.
MAYOR FALCK RECESSED THE MEETING TO 2:00 P.M., DECEMBER 1, 1982.
R
ATTEST:
ASSISTANT CITY CLERK
This public document was prcanulgated at a cost of $ v2 56, F,;�- or $ 7/ 3
per copy, to inform the general public and public officers and employees about
recent opinions and considerations by the City Council of the City of Tamarac.
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APPROVED BY
Nur�co�
11/24/82
/Pm