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HomeMy WebLinkAbout1983-12-14 - City Commission Regular Meeting Minutes"��Ft4A HOX, 25010 FIRST CLASS MAIL CITY OF TAMARAC, FLORIDA CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY, DECEMBER 14, 1983 CALL TO ORDER: 9:00 A.M. ANNOUNCEMENTS OF TIME ALLOCATIONS - MOTIONS TO TABLE -- The Chair at this time will announce Tthose items whIch have been'given a spec- ific 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. PRESENTATIONS 1. Mudge Steven P. Shutter - Presentation by Mayor Falck of a. proclamation in recognition of his many contributions to the residents of Tamarac. 2. Association for Drug Abuse„Prev.ention anc_-7reatm_n._LA.D._AJ,,,T_� Presentation by Mayor Falck of a proclamation designating the week of December 20, 1983, as "Drug Prevention and Education Week". COMMITTEES AND BOARDS 3. Investment Advisory Committee - Temp. Reso. #2911 - Discussion and possible action to appoint members to this committee (tabled from 12/l/83). CONSENT AGENDA 4. Items listed under Item #4, Consent Agenda, are viewed to be routine and the recommendation will be enacted by one motion in the form listed below. There will he no separate —dis- cussion of these items. If discussion is desired, then the item(s) will he removed from the Consent Agenda and will be considered separately. a) Minutes of 10/12/83 - Regular Meeting - Approval recommend- ed by City Clerk. b) Minutes of 10/26/83 - Regular Meeting - Approval recommend- ed by City Clerk. c) Richard S. Rubin - Consultant City Planner - Services for November, 1983 - $2,625.00 - Approval recommended by City Manager. d) Richard S. Rubin - Consultant City Planner - Services for November, 1983, for Satellite Center - $1,035.00 - Approval recommended by City Manager. 12/1.4 - Pg. 2 Proclamation & Police-s-ervice Inwards Pre.se.ntec. 12/14 - P ;. ?— Proc.l.ama.tion presented 12/1.4 - P>;. 21 APPROVED; a.pptd Seymour Poster 6 Announced. vacancy. 1.2/14 -- Per. 3 APPROVED a) through e) and ;) through k.) Tt.e.m f) REMOVED at Mayor's req. e) Alan F. Ruf - Consultant City Attorney - 12/9/83 - $1,612.20 Approval recommended by City Attorney. f) PAGE TWO Alexander Grant & Company Auditors - Progress billing for;' services regarding financial statements as of 9/30/83 and preparation of report - $12,500.00 - Approval recomriended by Finance Director. g) Authorization to refund to State Department of Comi,lunity Affairs an amount of $1,982.68, unused from State SBA Grant to City. Payroll projection in our grant application exceeded City's actual need; therefore, refund is appropri- ate. Recommended by City Manager. h) Disposal of Used Tires - Continuing authorization to sell used City tires after obtaining at least three quotes from prospective buyers. Presently on -hand for disposal are 29 Police car tires and 37 Public Works tires. Recommended by City Manager. i) Authorization to purchase eight (8) Public Works vehicles via State Contract #070-00-841 using Federal Revenue Sharin( monies allocated in the 1983/84 FRS Budget for these pro- curements, as follows: 4 - 3/4 Ton Pick-ups from Abrahams Chevrolet, Chevrolet CC-20, Total $30,232.14 2 - Economy Pick-ups from Regency Motors, Mazda B-2000, Total $11,928.00 2 - 1/2 Ton Pick-ups from Regency Dodge, Dodge Model D--150, Total $11 ,986.08 Recommended by City Manager. j) Authorization for City Manager to execute agreement with Florida League of Cities for investigation and collection of occupational license fees that may be due to the City from coirpanies, etc., transacting any insurance business in Tamarac. k) Lakes of Carriage Hills - Model Sales Facility Renewal - Approval to extend the tablinc! action to the meeting of December 28, 1983. _ 1.2/14. - Pr..._5 GENERAL ADMINISTRATIVE/FINANCIAL REJECTED bid; uthori.zed (;/Mgi 5. Bid Award - Cypress Creek Commons - Temp. Reso. #2894 - Di s- to pur5tce right cussion and possible action to award a bid for the installation to use (.;rants. of fixed pier boat slips, docks and gangway (tabled from 12/1/83) 12/l/t 1 r. 7 6. Bid Award - Public^Works Department - Temp. Reso. #2950 - Dis- AP13ROVED AltTntc cussion and possible action to award a bid for a Catch Basin Bid #1 fm JetVac Cleaner/High Pressure Jet Rodder, Truck Mounted. Sanitary Svs, I,- 1-or $80,680.00. 7. SO1_lci„Waste CO Collection - Tem Reso. -- _ _y. -- # 2 9 51 D i s c u s s i o n and ...._ .i --___-..._..----__-- 2./14 — 1'�r. �i possible action to approve a Third _ Ari �endrnent to the contract ZAI;I,FD to first. with Browning Ferris Industries concerning rates for garbage nitg in January, - collection. 1-2/14 Pg. 10 8. Ki ryatuTi von - Temp. Reso. #2969 - Discussion and possible BABIED to first action to authorize the appropri ate City officials to execute mtg. in. January. a Sister -City Agreement. ...__ 1.2/14 -- Pg. 22 9. Queen of the Sea, Inc. d/b/a Fish Bowl Restaurant -- Discussion Authorized C/Att nd apossible action on revocation or suspension of the occupa- to research & rF tional license for this restaurant. at next. rcymt`. 1-2/14 - Pg. .10 10. Charles Petrozella - Discussion and possible action regarding APPROVED payment occupational license fees and use of trailer as a Recreation of $40.5.00 towa,- Office at Tamarac Park. fees for constru t i o n ; waived a1.1. penalties for tic: payment of fees. PAGE THREE 4 - Pg. a acti on �12/1 11. Broward League of Cities Business �- Discussion and possible 12/1 by Mayor Rept LEGAL AFFAIRS #1 O79 Discussion and possible enact�oncto�11am��ers Tom ._ -.Ord 2. Candidate for Office of MAY _ end Ordinance 76-33 by removing the requirement for filing of nominating petitions by candidates. First Reading. 13. Optional Type Design Wa11s - Temp. Ord #1070 - Discussion and possible action to amend Section 6-12 and 6-45 of the Code to permit construction of precast concrete panels as an alternative design to solid masonry walls. First Reading. Faick & C/M Kr-avi t.z . 12/14 - Pg. 11. NPPROVED as amended on. First treading, to be effec on passage at Second Readir 1.2/14 - Pg. 28 9PPROVET) on. First Reacting. 14. Canal Banks - Ten' . Ord. �#1080_ - Discussion and possible 2/14 APPROVED a5 action to amend Section 24-34 of the Code pertaining to canal amended on First bank sodding bonds and inspections. First Reading. Reading. PUBLIC HEARING - 2:00 P.M. 15. Barry_ S . EdenRezoning-- Petition #20 -Z-..83 - Temp.. Ord . #1 078- possible Discussion and action to rezone the lands on the west side of NW 88 Avenue, north of Tamarac City Hall and south of Paradise Estates, from B-5 (Limited Business Dis- trict) to B-3 (General Business). First Reading. a) Acceptance of Affidavit of Publication, Affidavit of Mailing and Affidavit of Posting. b) Consideration of application. COMMUNITY DEVELOPMENT 16. Exxon Service4Station - Discussion and possible action on: a S -__ -. __p Reso. # 2 9 3 1 1) L a n d s c a p e Plan c) Water and Sewer Developers Agreement d) Water Retention Agreement e) Utility easement for fire hydrant - TeU ._Reso. #2932 f) Warranty deed for additional right-of-way on NW 88 Avenue Temp. Reso. #2933 (to be locateT at the southwest corner of Southgate Boulevard and NW 88 Avenue) (tabled from 12/6/83) 17. SpyUlass Revised Site Plan - Temp. Reso. #2930 - Discussion and possible action to t p approve a revised site plan for a room addition to Unit 19A located at 6541 NW'99 Avenue (tabled from 12/6/13) . 18. Ashmont/King_s Point_ - Discussion and possible action to approve an amended Water and Sewer Developers Agreement (tabled from 12/6/83). 19• oand pos.�.�l1emactioEoto calTemp. Reso. .m#2953 - Dis- cussion1 a performance bond posted for canal excavation of Tracts 12, 13 and 13A. 2/14 - Pg 21 ACCEPTED. DENTED on lrst Reading. 2/14 - P�,. 2 ABT,FT) to 2/28/83. 2/14 - Pg. 1.4 AP,LED indef. . 2/14 - Pg :30 PPROVED. 2/14, - Pg. 30 EMOVED fm Agen6 XTENDED bond t.c: /24/84. 20. Tamarac Gardens_ - Discussion and possible action on: 12/14 - Pg. 30 a) #2vis- an to Site Plan 1 for change of product - Temp.Reso.a) APPROVm) SitE _ 57 Plan 1 Only. b) Revised Landscape Plan b) APPROVED c) Amendment #2 to Water and Sewer Developers Agreement c) corrections needed. 21. Executive - Si _. Plan - Discussion and possible action 12/_1-4 - Pg. 27 cut�ve Center Site __ on a request to extend approval of the site plan (to be Added b). located on the east side of University Drive south of Sun- a) APPROVED as flower Shopping Plaza), conditioned. b) APPROVED with I011A 1 tion s . PAGE FOUR 22. Swanson West - Discussion and possible action to approve an 2/7.4- Pg. >2 amended Water and Sewer Developers Agreement (located on the APPROVED as northwest corner of Commercial Boulevard and NW 84 Terrace). amended. 2/14 - Pg. 1.5 23. Woodmont Tract 59 - Performance_ Bond - Temp. Reso.^#2952 - TABLED to Discussion and possible action to call a performance bond 2/28/83. posted for public improvements. 2/14 -Pg. 1.5 24. Colony WestCountry - Discussion and possible action on: 'ABLF.D to a Calling of a performance bond posted for public improve- 2/28/8.3. ments by Temp. Reso. #2954 b) Traffic Light Agreement (tabled from 9/28/83). 1.2/1.11 - Pg. 1.5 25. Southgate Gardens East/Mission Lakes - Bond Release - Temp. PPWVFD releaSE Reso. #2956 - Discussion and possible action to release a f bond; �trr.ear� warranty bond posted to guarantee the construction of NW 71 ield for 1/11/8Z Avenue. leeting. 26. Woodview Tract 38 - Model Sales Facility - Discussion and 2/14 - Pg. 1.b 2/14 to possible action to renew a model sales permit. 27. bdoodn�ont Tracts 74/75 - Discussion and _ _ possible action on: 2 14 - Pg. 17 PP' hOVrD a)&b) a) Renewal of a model sales permit in connection with Site or 0 months fm. Plan 1 and Site Plan 3. 1/12/84. b) Renewal of a model sales permit in connection with Site Plan 2 and waiver of the 300-foot distance requirement for certificates of occupancy. 28. Villace Mall formerl Rum Runner Discuss�nn and �_ ____ y ) - possible 24 P PROVED' 3_.).`_.__.__. �t,) action on: With coi)dit.i.ons. a) Waiver of platting requirements - Temp. Reso. #2958 TABLED c) b Revised Site Plan - Temp. Reso. �2959 DELETED d) C) Landscape Plan __._._... PPROVED e.) & f) d) Water and Sewer Developers Agreement 'ABLED g) to e) Water Retention Agreement 2/28/83 mtg. f) Ingress/Egress Easement - Temp. Reso. #2960 g) Utility Easement for fire hydrant - Temp. _Reso. #2961 29. Shaker Vi 11_ap_e - Revised Site Plan - Temp. Reso_._ #2962 - Di s- 17 cussion and possible action on a revised site plan for an r <r vr;i,, With additional storage shed at the recreation area. 2/1.4 - Pg. 18 30. Westwood 24 - Revised Site Plan - Temp. Reso. #2963 - Dis- cussion and possible action on a revised site plan for a VPROVED. porch enclosure at the clubhouse. 2/14 -- Pg. 18 31. Mainlands 15 Clubhouse - Revised Site Plan - Temp. Reso.#2964- Discussion and possible action on a revised site plan for a kPPROVED. roof over the golf cart shelter, a roofed entrance and a driveway. _ 2/14 - Pg. 27 aced b) 32. Chapman Warehouse - Revised Site Plan - Temp. Reso. #2965 - 'ABLED a) & b) Dimmscussion andpossibleaction on a revised site plan for ol2/28/83. paving and building improvements (located at 5098 NW 37 Avenue 2/14 - Pg. 18 33. Fairways III - Warr_antyBond - Temp. _Reso. #2955 - Discussion and possible action to calla warranty bond posted for public 'ABLED to 12/28/ improvements. 3. 12/14 - Pg. 26 34. WoontTract 72-C (Pineapple e Park) - Discussion and possible action on a) & b) a) Site Plan - Temp. Reso.#2966 APPROVED, with b) Water and Sewer Developers Agreement conditions. c) Ingress/Egress Easement - Temp. Reso. #2967 c) & d) d) Water and Sewer Utility Easement - Temp. Reso. #2968 APPROVED. (to be located at the northwest corner of NW 80 Avenue and NW 70 Street) 12/14 - Pg. 32... 35. Drainage Improvements in the City - Discussion and possible Authorized C/En a c t i o n. to proceed & rent to Council PAGE FIVE REPORTS 36. City Council 37. City Manager 38, City Attorney PUBLIC HEARINGS - 5:05 P.M. 39. Dis- cussion and possible action to amend�STection"T28-2 - Dis Residential Zonin Re.ulatio_ns Tem Ord. # 28-27.2 of the Code by revising the Table of Miscellaneous Residential Zon- ing Requirements to provide a new portion titled "Maximum Plot Coverage" (for all impervious areas) and providing for maximum percentage of coverage on all lots. First Reading. 40. Business Uses - Temp.Ord_ #1067 - Discussion and possible action to amend Section 28-171 of the Code by clarifying the setback requirements of delicatessens, restaurants and dining rooms in commercial centers. First Reading. 41. Ten>mLr ry Model, Sales and Administrative Uses - Temp. Ord. #1068 - Discussion and possible action to amend Section 28-216 of the Code to include specific requirements for permitting the construction of temporary commercial enter- prises located in commercially zoned parcels of land. First Reading. 42. Uikeways_ - Tens _ Or_of d.v#1069 - Discussion and possible action to amend Chapter 23 the Code by adding a new Section 23-29 titled "Bikeway Requirements'. First Reading. 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 natter 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 SPECIAL MEETING Thursday, December 22, 1983 - Special Meeting - Public Hearing - 10:00 A.M. Charter Amendments Following are the residential and commercial zoning districts in the City: R-1 - Single Family Residence B-2 - Planned Community Business R-lB & B-3 - General Business R-lC - 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 w 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 12/14 - P€;. 35 reports. 12/.1.4 Pg. 35 No report. 1.2/14 - Pg. 35 Re ort liven. 1 2/ 14 1' 33 APPROVED on First Reading. 12/14 -- Pg. 31 APPROVFD on First. Reading. 12/14 -- Pg. 34 APPROVED on First. Reading. .12./_14..__..Pg. 34 - APPROVED on. First RFCadi..ng. C/Arty ^to rept. PAGE STX 43, Colony West _Country (_luh -- Release of Gash Bond -Temp.^ Reso.� 2/1.4 - Pg. 19 #2974. Di..scussiota and possible action L.o release a cash bond. PPROVED release -f $6,_00_0 bond. 44. Gene Kroll - Rec_onsiderat:iota of`Counc,il_ Action "Take_u on. NoveMber 2/14 - Pg. 19 9, 1_983. Discussion and possible action. kction rescinded h:1dg permit tc e released for of #10. No CO for Lot #11 unti k is to o r s co /45. Woodmon't 'tract 56 - ` emT)orary Model Sa,l.es Center - Discussion and ---- 2 — possible action on: ) APPROVED as a) Request for temporary waiver of platting requirements - Temp. lm(2a.ded. Reso. #2970 a) 1.2/14 - Pg. b) Pol.d Harmless Agreement. kuthorized C:/En2- c) License Agreement and Gash Bond Agreement o proceed and d) - "�_?`....._ 2971 SiLe. Ilan Tem Reso. �� report to Counci e) Landscape. Plait .2/7.4 - Pg. 28 t) Water and Sewer Developers Agreement -:) through h) g) Canal Maintenance Easement - Temp. Reso. #2972 NPPROVED. li. Utility Easement for fire hydrant - Tem # 2 9 7 :? p T �Reso. 1.2/14 - Pg. 23 46. Presentation by Mille..r. & Meier - Status Re-j2ort - Discussion an.d _ APPROVED using possible action. model at add'l ost of $5,000. 'urther reports. 1.2/14 �- P r 34 8 . Probation -_' _ f Buildil Oflzci t 1 and Public Works 47. . Period r i o d _o t Chief a_ e.. T �_ ... _ ._ ... _�. � � .._-._ Director - Discussion and possible. action. PROVED perma- aenL sLatus of rottt. CI`l"Y OF TAMARAC, FLORIDA REGULAR CITY COUNCIL MEETING DECEMBER 14, 1983 Tape CALL TO ORDER: Mayor Walter w. Falck called the meeting 1 to order on Wednesday, December 14, 1983 at 9:00 A.M. in 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: City Manage.r..,Laura Z. Stuurmans City Attorney,Jon M. Henning Assistant City C1erk,Carol A. Evans Secretary, Roslyn Brauner MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Falck called for a moment of Silent Meditation followed by the Pledge of Allegiance. Mayor Falck extended sympathy in recognition of the passing of Mr. Bob Sokol. 43. Release of Cash Bond - Colony West Country Club - Temp.Reso. #2974 - Discussion and possible action to release a cash bond. SYNOPSIS OF ACTION: Agendized by Consent. (See Page 17). V/M Massaro MOVED to Agendize by Consent the release of a cash .bond for Colony West Country Club. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 44. Green Kroll - Reconsideration of Council Action Taken on November - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. (See Page 17). V/M .Massaro MOVED that this item be reconsidered. SECONDED by C/M Krantz. 1Flau am ALL VOTED AYE 45. Woodmont Tract 56 -- Tem9orary Model Sales Center - Discussion and possible action on: a) Request for temporary waiver of platting requirements - Temp. Reso. #2970. b) Hold Harmless Agreement c) License Agreement and Cash Bond Agreement d) Site Plan - Tem . Reso. #2971. e) Landscape Plan f) Water and Sewer Developers Agreement g) Canal Maintenance Easement - Tem Reso. #2972 h) Utility Easement. for Fire Hydrant - Temp. Reso. #2973 SYNOPSIS OF ACTION: Agendized by Consent. (See Pages 28, 29 & 32) . V/M Massaro MOVED to Agendize by Consent, the various items in connection with Tract 56, Temporary Model Sales Center. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE COMMUNITY DEVELOPMENT .16. Exxon Service Station - Discussion and possible action on: a) Site Plan - Temp. Reso. #2931. b) Landscape Plan c) Water and Sewer Developers Agreement d) Water Retention Agreement e) Utility easement for fire hydrant - Temp. Reso. #2932 f) Warranty deed for additional right-of-way on NW 88 Avenue - Temp. Reso. #2933 (to be located at the southwest corner of Southgate Boulevard and NW 88 Avenue) (tabled from 12/6/83). SYNOPSIS OF ACTION: TABLED to meeting of 12 28 83. V/M Massaro MOVED this item be tabled to the meeting of December 28, 1983 as there is a problem at the County with the ingress/egress easement. SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE 32. Chapman Warehous(- b) Water etention Agreement ;YNOPSIS OF ACTION: Agendized by 'onsent. (See Pages 27 & 28) . V/P4 Massaro MOVED to Agendize by Consent, the Water Retention Agreement. SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE 1. Judge Steven P. Shutter - Presentation by Mayor Falck of a proclamation in recognition of his many contributions to the residents of Tamarac. 'YNOPSIS OF ACTION: Proclamation )resented by Mayor Falck. Police service Awards presented by Judge shutter to Captain Albert Mortimer ind Offices_: Michael Fazio. Judge Shutter expressed his appreciation to Police Chief Joseph McIntosh for the good work done by the Tamarac Police Department. Police Service Awards were presented by Judge Shutter to Captain Albert Mortimer and Officer Michael Fazio in recognition of their dedication to the City's Police Department. C/M Krantz thanked Judge Shutter on behalf of the City for the fine work he has done over the past two years for the City of Tamarac. mayor Falck presented a proclamation to Judge Shutter in recognition of his many contributions to the residents of Tamarac. The Mayor wished Judge Shutter good luck in his new assignment at the Broward County Circuit Court in Fort Lauderdale. 2. Association for DrUg Abjjse Prevention and Tre tme t A.D A P T - Presentation by Mayor Falck of a proclamation designating the week of December 20, 1983,as "Drug Prevention and Education Week". SYNOPSIS OF ACTION: Proclamation presented to Mrs. Toby Roessell. Tape Mayor Falck presented a proclamation to Mrs. 'Toby Roessell, Chair- 2 person of the Association for Drug Abuse, Prevention and Treatment, designating the week of December 20, 1983, as "Drug Prevention and Education Week". -2- 12/14/83 /rb 46. Miller & Meier - Presentation by Mr. Craig Kenyon. SYNOPSIS OF ACTION: Agendized by Consent. (See Pacj s 23 & 24) . VIM Massaro MOVED to Agendize by Consent, a presentation to be made by Mr. Craig Kenyon relating to the use of a model for the proposed municipal complex. SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE 4. Consent Agenda Items listed under Item #4, 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 10/12/83 - Regular Meeting - Approval recommend- ed by City Clerk. b) Minutes of 10/26/83 - Regular Meeting - Approval recommend- ed by City Clerk. c) Richard S. Rubin - Consultant City Planner - Services for November, 1983 - $2,625.00 - Approval recommended by City Manager. d) Richard S. Rubin - Consultant City Planner - Services for November, 1983, for Satellite Center - $1,035.00 - Approval recommended by City Manager. e) Alan F. Ruf - Consultant City Attorney - 12/9/83 - $1,612.20 Approval recommended by City Attorney. f) Alexander Grant & Company Auditors - Progress billing for services regarding financial statements as of 9/30/83 and preparation of report - $12,500.00 Approval recommended by Finance Director. g) Authorization to refund to State Department of Com,iunit.v Affairs an amount of $1,982.68, unused•'from State SBA Grant to City. Payroll projection in our grant application exceeded City's actual need; therefore; 'refund is appropri- ate. Recommended by City Manager. h) Disposal of Used Tires - Continuing authorization to sell used City tires after obtaining at least three quotes from prospective buyers. Presently on -hand for disposal are 29 Police car tires and 37 Public Works tires. Recommended by City Manager. i) Authorization to purchase eight (8) Public Works vehicles via State Contract #070-00-841 using Federal Revenue Sharin monies allocated in the 1983/84 FRS Budget for these pro- curements, as follows: 4 - 3/4 Ton Pick-ups from Abrahams Chevrolet, Chevrolet CC-20, Total $30,232.14 2 - Economy Pick-ups from Regency Motors, Mazda B-2000, Total $11,928.00 2 - 1/2 Ton Pick-ups from Regency Dodge, Dodge Model D-150, Total $11,986.08 Recommended by City Manager. j) Authorization for City Manager to execute agreement with Florida League of Cities for investigation and collection of occupational license fees that may be due to the City from companies, etc., transacting any insurance business in Tamarac. k) Lakes of Carriage Hills - Model Sales Facility Renewal - Approval to extend the tabling action to the meeting of December 28, 1983. SYNC)_`_'._,,S, Or 1,i::`' 1,7;-4: APPROVED a) tnrougn e and q _m hrough k)'. Item f) Payment to Alexander Grant & Co. REMOVED at Mayor Falck's request. -3- 12/14/84 /_..1_ ( B L A N K P A G E) `4- 12/14/83 /rb C/M Kravitz MOVED to approve Items a) through k). SECONDED by C/M Krantz. Mayor Falck suggested that Item f) be removed from the agenda since he has not been contacted this year by -the auditors. tie said he does not know what their time schedule is and has not been able to give them his observations as to the special areas that need to be looked into. The Mayor said he would recommend that payment be held up until he has received all the information that is required. V/M Massaro MOVED to Amend the MOTION that was made, and that Item f) be REMOVED and the rest of the items APPROVED. SECONDED by C/M Krantz. Mrs. Melanie Reynolds of. the Charter Board said Mr. Ruf's bill shows an item for Tract 38A- and the Charter Board did not receive a copy of the item covered by this bill. City Attorney Henning explained that the two types of items l.istcd on Mr. Ruf's bill represent the survey made of the various charters and the comparison of them to the Tamarac proposed Charter Amendments. He said this was requested by C/M Stelzer and the results were submitted to the Council and the Charter Board on December 5, 1983. Mr. Henning said the bill show.: some phone calls that were made relating to Tract 38A and work is continuing on this and a report will be made to Council and the Charter Board if and when there are additional findings. Mayor Falck said it would be appropriate at this time for Council to vote on the complete MOTION instead of voting on the Amendment and then on the Motion. VOTE: ALL VOTED AYE GENERAL ADMINISTRATIVE/FINANCIAL 5. Bid Award - Cypress Creek Commons - Temp. Reso. #2894 -- Discussion and possible action to award a bid for the installation of fixed pier boat slips, docks and gangway (tabled from 12/l/83). SYNOPSIS OF ACTION: Bids received for boat slips, docks and gangway rejected. Authorization given to City Manager to pursue right to use grant funds or any portion thereof for beautification and paving. City Attorney Jon Henning read the Resolution by title. City Manager Stuurmans explained that there are two points which Council needs to consider today. One is the fact that upon -5- 12/14/83 /rb reviewing the information concerning Florida Power & Light and their interest in purchasing City property at Southgate Boulevard, it was learned that the area running from the canal forty feet south into Cypress Creek Commons is owned by the South Florida Water Management District. City Manager Stuurmans said that since this is not City property, there is a question of whether the City wants to continue to improve it as this would result in major maintenance costs for the future. Mrs. Stuurmans said Council had approved the continuation of this park improvement almost two years ago. At that time, it was thought there was an easement owned by the City in that area and it has since been found the City does not own that forty feet. She said South Florida Water Management District would be happy to give the City permission to improve it and take future responsibility for this. However, the question at this time is whether Council wants to continue along the course of development of Cypress Creek Commons for the docks, slips and marina-. Under the terms of the Agreement, the City is presently asking for an extension and it is necessary to let the authorities know at the earliest possible date if the City wishes to pursue this. if Council does determine that the City should continue to develop this property as initially planned several years ago, it would be staff's recommendation that the initial bids received be rejected and that this come up for rebid when formal confirmation of the extension is received. V/M Massaro said she does not feel the City should add to the type of facility being planned for that area as it is not Tamarac property. However, if grant funds could be used for improving the area as to landscaping, paving and things of that type, she would be highly in favor of it. But since the residents of Tamarac are not using those facilities, and the City is maintaining it and the residents are paying taxes for it, she feels it would be an improper use of money to continue. The Vice Mayor commented that the residents of Tamarac are not asking that this be extended, but if any portion of those funds was intended for beautification or paving, she would be interested, V/M Massaro pointed out that if the City had to light up that area, the cost would be tremendous. V/M Massaro MOVED to reject the grant. SECONDED by C/P? Krantz. C/M Stelzer inquired whether the City has a large investment in the project at the present time. City Manager Stuurmans said this is not actually the case. There was some work done with respect to bolstering up the banks in preparation for the second phase of the grant project. She explained that the existing structures were covered by prior grant and that grant has been closed out and the work has been completed. Mrs. Stuurmans said under the prior grant, the cost to the City was approximately $75,000.00. V/M Massaro said the next grant would probably cost the City the same amount of money. C/M Stelzer said that area has not been paved yet and it should be done. However, putting in the boat docks and fishing pier, would not be necessary. He asked whether the City could pave the area and receive a portion of the grant funding as then the park would be completed as far as the City of Tamarac is concerned. City Manager Stuurmans said she would ask the maker of the Motion to indicate that if the grant funding could be continued with the elimination of the boating related facilities, then staff proceed along those lines. Shc said staff has reluctance about putting lights in because the adjacent properties create policing problems at night. Staff would like to pursue an extension of the grant for beautification and paving only. -6- 12/14/83 / r }, V/M Massaro said she would Amend her MOTION to state that if The City can use the grant or any portion thereof, for paving and beautification, then the City Manager should pursue the right or ability to do so. SECONDED by C/M Kravitz. C/M Stelzer said that would complete the park without extending it. VOTE: ALL VOTED AYE City Manager Stuurmans said she would ask that Council authorize the rejection of bids received for installation of boat slips, docks and gangway; and V/M Massaro said she would so MCVE. SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE 6. Bid Award - Public Works Department - Temp. Reso. #2950 - Discussion and possible action to award a bid for a Catch Basin Cleaner/High Pressure Jet Rodder, Truck Mounted. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-83-PASSED Alternate Bid #1 from Jet Vac Sanitary Services, Inc. for a Model Vactor #810 for. $80,680.00, with funds to be taken from Drainage Improvement Fund. City Attorney Jon Henning read the Resolution by title. City Manager. Laura Stuurmans stated that Council has received a copy of the recommendation made by Gregory Turek, Director of Public Works, that an award be made to Jet Vac Sanitary Services,Inc. for a Vactor 810 at a price of $80,680.00. This particular quote is for purchase.of a new piece of equipment with trade-in of the existing equipment. Mrs. Stuurmans said she is recommending that the funding for this procurement be taken from the Drainage Improvement Fund since the machinery will be used as part of the Ci.ty's continuous drainage efforts. V/M Massaro said there is a Drainage Improvement Fund and a Drainage Retention Fund and she would like to know whether these monies would come from only the Drainage improvement Fund, and the City Manager said they will as there are monies in that fund for this purpose. V/M Massaro said a Jet Vac is one of the most important pieces of equipment in the City and she would MOVE to accept the bid from Jet Vac Sanitary Services, Inc. in the amount of $80,680.00, with the funds to come out of the Drainage Improvement Fund ana approVI-1.9 Temp. Reso: #2950. SECONDED by C/ivi Kravitz. C/M Stelzer said the bid does not indicate a trade-in; and the City Manager said this is Alternate 41. The City had asked for a quote from a vendor with a trade-in, and there is an allowance of $7,000.00 on the old piece of equipment. VOTE,: ALL VOTED AYE -7- 12/14/83 /rb 7. Solid waste Collection - Temp. Reso. #2951 - Discussion and possible action to approve a third Amendment to the contract witii Browning --Ferris Industries concerning rates for garbage collection. SYNOPSIS OF ACTION: TABLED to first meeting in January for further research by City Attorney. City Attorney ,Ion Henning read the Resolution by title. City Manager Stuurmans stated Council received a copy of a letter she received last week from Browning Ferris Industries which sets forth the affect to them of the increase in the tipping charges at the County. This increase is from $12.00 to $16.00 per ton and they are asking the City for an increase in the monthly price on single family units from the present rate of $4.30 to $4.68 per month, and on multi -family from $2.05 to $2.25 per month. City Manager Stuurmans said the Finance Director has reviewed these rates as they apply to the existing units the City is being billed for and the money that has been allocated in the budget. She said she would call to Council's attention that based upon this schedule and an application of the new rates over the next nine months, the cost in excess of what was budgeted is $30,000.00. V/M Massaro . asked whether the Finance Department has determined whether the amount requested is in proportion to the tonnage serviced to the City and the additional amount that Browning Ferris will have to pay. The City Manager said the Finance Department will have to review the information from Browning Ferris to the City as well as the formula they used to quote the additional price but she is doubtful Finance has tried to evaluate anything other than the information supplied to the City by Browning Ferris. V/M Massaro said this will not take effect until the first of the year and she feels Finance should check this more thoroughly as the _ increase is rather substantial, particularly since the money is not budgeted for this purpose. She stated the Finance Department should determine whether the amount requested is proper. Mr. Harold Carter, representing All Service Refuse Company of Fort Lauderdale, stated that prior to the time this went to bid about five years ago,All Service Refuse Company was picking up the garbage in Tamarac. He said there was some confusion on the bids The All -Service bid gave an escalating number every year and for the first two years,their bid was lower than the Browning Ferris bid, The Browning Ferris bid was consistent for five years, which gave them a windfall of profits which they were able to invest for the later years when their price was not as high as the All Service price. Mr. Carter said he has reviewed the Browning Ferris contract and bid specs and both documents state they have the right to request an increase according to the disposal. He said he nas requested the Council minutes of a 1979 rieeting as he recalls Browning Ferris "had made the statement that they would .stay with the rates for the full five years and nothing could happen that would make them change their rates. Mr. Carter stated the last time Browning Ferris requested a rate increase, it went from $9.00 to $12.00 per ton ,which was. $3.00 per ton of increase and they requested and had approved 25 cents. This would be 8--1/3 cents per dollar of increase. At this time, the increase requested is from $12.00 to $16.00, which would be 33-1/3 cents. Mr. Carter said as -soon as he has reviewed the minutes of June 1979, he will provide that, information to Council. V/M Massaro said she feels the increase does not seem to balance with the prior increase. Not only is the percentage off, but the business has increased and the percentage should have dropped and not increased. She feels this needs careful scrutiny. 7 -8- 12/14/83 /rb Mayor Falck said he would suggest the City Attorney review the minutes mentioned as his recollection of.that meeting is a little different than Mr. Carter's recollection. V/M Massaro MOVED to table this item to the first meeting in January. City Manager Stuurmans said that regardless of the Council action today, there will have to be some formal written commitment between the parties to amend the existing contract. She said she would not expect any effective price increase until March as there is a three month holdback. The Motion was SECONDED by C/M Krantz. Mrs. Vickie Beech, resident, said she would like to know what has happened concerning the collection of newspapers and why it has not continued as it was years ago. She said this is actually a large part of the garbage today. City Manager Stuurmans explained.that the collecting services are very small businesses; and getting a collector to stay with the City is just impossible. She said several different groups were tried but it did not work out. The newspapers would sit at the curbside for a day or two and the people had to call the City, after which the City had to send Public Works over to pick up the papers, and that was very difficult. Mrs. Stuurmans said the City does have"a couple of collectors that are somewhat moderately successful. Those who collect at the condominiums are succeeding but the curbside collection just never worked out, probably because in Tamarac there would have been volume and the number of private.collectors available to do it was very small. She said C/M Stelzer has expressed an interest in developing a City program and he and the Public Works Director are scheduled to be talking about this within the next month, as Mr. Turek needs the time to go into Public Works and get some of the major concerns stabilized and under control, before an innovative program is looked into. The City Manager said both C/M Stelzer and Mr. Turek are anxious for the City to perhaps take this on in the coming year. Mrs. Beech said she remembers the first couple of years when a gentleman came in with a truck and there was no problem in picking up the newspapers. However, when the contractor was changed to Browning Ferris, there was a problem with the collection. Mrs. Beech said she feels this is a very expensive form of garbage collection because newspapers and magazines that accumulate could be used in recyoling,which would help the City make up some of this money. V/M Massaro said Browning -Ferris never had anything to do with collecting newspapers. City Manager Stuurmans said this was done by private individuals. There was a marine group in here as well as MGM Recycling, which is a father and son operation and they did it for about a year, but they had equipment breakdowns and other problems. C/M Krantz said the City just cannot find a contractor who wants to do the job. Mayor Falck said he is impressed with the method used by Boca Raton. They have their own pickup service. He said as recently as this Monday, there was a discussion at the Northwest Broward Council on this entire matter. Tt had started last year with a $3.00 increase by the County,another $3.00 increase this year and a $3.00 increase planned for next year and it will not be too long before the City is paying $25.00 per ton whereas when this contract was originally executed it was somewhere around $8.00 or $9.00 per ton. The Mayor said the Solid Waste Program will be discussed by the Board of Directors of the Broward League prior to tomorrow evening's general meeting. He said this is a serious problem from the 9- 12/14/83 /rb standpoint of finances as well as the availability of manpower to collect and properly handle this.He said there does not seem to be a problem in the East section because there is one individual who picks up in that area, but most of it reverts to the Church off Prospect Road. There is a big deposit vehicle there and the people gather their own newspapers and take them over there. Mayor Falck said he would hope that during the coming year, this will be a priority item and it might very well be that the City will have to expend its force for that purpose. , Fie said he is not as much concerned with the :.increased rate as he is with the fact that next year the City will receive another increase in rates, as well as the following year.: The Mayor said he feels the City should plan in advance to handle this matter before further increases are received. City Manager Stuurmans said even with the small effort taken with private individuals, the City has learned that the recycling proceeds are minimal but the benefit in terms of a reduction in tonnage in garbage collection costs is considerable. C/M Stelzer said he will work with Greg Turek in an attempt to work out a City collection program and expects to be able to report to Council on this shortly. VOTE: ALL VOTED AYE 8. Kiryat Tivon - Temp. Reso. #2969 - Discussion and possible action to authorize the appropriate City officials to execute a Sister -City Agreement. SYNOPSIS OF ACTION: TABLED to first meeting in January for preparation of Agreement by City Attorney. City Attorney Henning requested that this item be tabled to the next meeting, so that he can prepare an Agreement. C/M Kravitz MOVED to table this item to the first meeting in January. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 9. Queen of the Sea, Inc. d/b/a Fish Bowl Restaurant - Discussion and possible action on revocation or suspension of the occupational license. SYNOPSIS OF ACTION: See Page 22 Mr. Henning said a letter was sent from the City Clerk's office notifying the restaurant there would be a hearing at 2:00 P.M. regarding the occupational license. The return receipt slip was received. Mayor Falck said this item will be held this afternoon. 10. Charles Petrozella - Discussion and possible action regarding occupational license fees and use of trailer as a Recreation Office at Tamarac Park. SYNOPSIS OF ACTION: APPROVED payment of $405.00, to be credited toward fees for occupational licenses for construction business. The City waives all penalties accrued for non --payment of fees. V/M Massaro said Mr. Petrozella owns the trailer that has been used at the park for a number of years and it was not realized the trailer would be needed for this long a period of time. However, until the new building is completed, the City will have a problem if this trailer is removed. The Vice Mayor said Mr. Petrozella has talked about this over the past year as he felt it was unfair for him to pay occupational license fees of $202.50 a year when he is permitting the City to use the trailer and not compensate him for it. She said she would MOVE at this time to approve the payment of $202.50 per year to Mr. Petrozella for the use of this trailer for last year and this year, that the money be credited toward the money he owes for occu- pational license fees for his construction business, and that the City waive any penalties that have accrued as a result of non-payment. She said this was never addressed, although Mr. Petrozella had asked that it be considered. -1�- 12/14/83 C/M Kravitz asked whether $405.00 is due for the two years; and V/M Massaro said it is. C/M Kravitz SECONDED the Motion. VOTE: ALL VOTED AYE 11. Broward League of Cities Business - Discussion and possible action. SYNOPSIS OF ACTION: Report by C/M Kravitz and Mayor Falck. C/M Kravitz reported there will be a meeting of the Broward League tomorrow evening. Proposition #1 will be discussed. in addition to other matters. He said he has not received the minutes of the last League meeting and when they are received, he will make a report to Council. Mayor Falck stated that the matter of solid waste will be dis- cussed by the Board of the League prior to tomorrow evening's meeting. In addition to that, he has been working on the rehabilitation of the League's program and intends to make an interim report tomorrow evening to the membership, and a final report and recommendation to the Board of Directors at the January 5, 1984 meeting. The,Mayor said hopefully changes will be made so some of the things can be handled in a way which suits the municipalities. He said as soon as the recommendation is completed, Council will receive a copy of it for review and input. Mayor Falck said he has received many requests from individuals for items to be undertaken by the League, and for the League to accomplish that, there will be changes necessary in their method of operation. Council will be kept informed as the report and recommendations become available. LEGAL AFFAIRS 12. Candidate for Office of Mayor and Councilmembers - Temp. Ord. #1079 - Discussion and possible action to amend Ordinance 76-33 by removing the requirement for filing of nominating petitions by candidates. First Reading. SYNOPSIS OF ACTION: APPROVED as Amended on First Reading, to become effective upon passage at Second Reading. City Attorney Jon Henning read the Ordinance by title and explained that one of the proposed Charter amendments is in connection with the adoption of the Florida State election laws. He said at the hearing Council recently held to discuss those proposed amendments, it was brought out that the primary purpose for addressing that Charter amendment was the concern for the petition requirements for Mayor and City Councilmembers. This was established by Ordinance, and there was a question about the Ordinance. Mr. Henning stated that at the Council's direction, he prepared this Ordinance, which he believes is satisfactory to.the. Charter Board. He said this Ordinance repeals the old Ordinance #76-33, and it eliminates the petition requirements for Mayor and Council - members. It also reaffirms without change, the filing fee of $25.00 for Mayor and $10.00 for all other elected officials, which would be Council and Charter Board members. - „ The City Attorney said that if the Charter Amendment is adopted, the fee would be increased for some of the elected officials. However,under this Ordinance,it will remain at $25.00 and $10.00. In addition, it will be codified and one of the ways in which it is codified is by creating a new section in the Code in Chapter 2-3.1 with the under- lined language. He said he has made a note on the second page for Council, which is not a typographical error. There are two of the Section 6 and Council needs to determine the effective date of this Ordinance and strike one Section 6. If the Charter Amendment goes through, it would not take effect on this election but would take effect after the election by means of the referendum, in which case the effect would be as indicated in the second Section 6. He said he selected February 1 as a somewhat reasonable or arbitrary date. The first Section 6 would make this effective immediately after the Second Reading, which would be some time Very early in January and would have an effect upon this election and there would be no petitions required for the Council. Mr. Henning said this is a choice Council needs tomake. C/M Stelzer stated that when this Amendment was brought before Council by the Charter Board, he was very much against it being on the ballot. He said if an individual who wants to be a candidate could not get one hundred names on a petitition,, he is not worthy of getting the job, because if one hundred citizens would not sign the petition, the.. individual might not get even that many votes. C/M Stelzer said he is still against this as he feels just because an individual pays a nominal fee, they should not have the right to become a candidate and degrade other candidates to the newspapers. C/M Stelzer said Council should insist upon the candidates obtaining the one hundred, signatures as he believes that was the intent when this Ordinance was originally put through. He feels the Ordinance should stay the same as it was. Tape 3 V/M Massaro said Council indicated to the Charter Board at the meeting that the Ordinance would be codified and it would include this provision. She said it is her feeling that anyone could obtain one hundred signatures and she feels this is unnecessary and is just a nuisance. V/M Massaro said she feels the second Section 6 should be used, which reads, "This Ordinance shall become effective February 1,1984" if this meets with the Chairman of the Charter Board. She said she does not think this should affect the coming election. Mr. Sydney Stein, Chairman of the Charter Board, stated that the Charter Board discussed this with the City Attorney and the feeling was that since the provision is going to be revoked, it should be done now, so it will be effective for this election. He said the Charter Board feels that if the provision is unfair, it should be removed. He said it is a little demeaning for an individual to go around for one hundred signatures. If it were for one thousand signatures, it would be different. Mr. Stein said the Charter Board feels this should include the coming election. V/M Massaro said she feels C/M Stelzer is concerned because some individuals have already been exposed to the, requirement of obtaining the one hundred signatures and he feels that future candidates should also meet thst requirement. C/M Stelzer said the original Charter Amendment as presented by the Charter Board, would not affect this election; and he is wondering why this should now be changed. He said he would like to see the people obtain petitions, even if it is only one hundred names. -12- 12/14/83 /rb V/M Massaro said she does not go along with that and would MOVE that the first Section 6 be eliminated and the Ordinance become effective in February, which would affect the next election. SECONDED by C/M Krantz. Mrs. Melanie Reynolds of the Charter Board said this was originally proposed as in 1976 the Charter was changed without referendum. In 1978 or 1979, in order to make it legal, the word "municipal" was added to the Charter. When this matter was recently discussed by the Charter Board and the Council, the intent was to remove the word "muncipal" and by doing that, the requirement for the signatures would also be removed. Mrs. Reynolds said that since Ordinance #76-88 which is part of Ordinance #76-33 has never been codified, the important thing is to codify them. The City Attorney stated this subject was discussed between the Charter Board and the City Council, at which time the word "municipal" was not made a part of the ballot question. However, that word was part of the Ordinance which placed the question on the ballot. It was also a part of the proposed language in the backup and the proposal that went with the ballot question. Mr. Henning said he assumes Mrs. Reynolds felt the word "municipal" was illegally added to the Charter since the actual ballot question did not contain that word. Mrs. Reynolds said she would add that Ordinance #76-33 changed the Charter without referendum. Mr. Sydney Stein said because of the objection raised by Mrs. Reynolds as well as the consensus of the. Charter Board, he would ask that Council adopt this Ordinance immediately since there is a question of legality. The Ordinance should also be codified to make it effective immediately. Mayor Falck said he would agree with Mr. Stein. V/M Massaro said she would withdraw her MOTION and reverse it to APPROVE the Ordinance as Amended on First Reading, deleting the second Section 6 which states, "That this Ordinance shall become effective February 1, 1984". This would approve Temp. Ord. #1079. SECONDED by C/M Kravitz. VOTE: C/M Stelzer Nay C/M Krantz Aye C/M Kravitz Aye V/M Massaro Aye Mayor Falck Aye 14. Canal Banks - Temp. Ord. #1080 - Discussion and possible action to amend Section 24-34 of the Code pertaining to canal bank sodding bonds and inspections. First Reading. SYNOPSIS OF ACTION: APPROVED as Amended on First Reading. City Attorney Jon Henning read the Ordinance by title. Ile explained that V/M Massaro had requested a few changes be made to this Ordinance and he distributed copies of the changes to Council. Mr. Henning said Mr. Sam Stevens, the Building Official, brought to Council's attention that canal banks, slopes and seawalls must be graded,as the Code indicates the requirement for sod to be placed on banks before homes are built or before certain roofs are put on commercial establishments. There is an exception in connection with model sales of five units or less. The City Attorney said what happens is that sod is put on and then the trucks continue the construction of the building which kills the grass and it must be put on again. Sometimes the grade is also destroyed and the City might not have to make an inspection after the sod is down, and the end result is not what the City wants to establish. Ile said this involves an extra expense to the builders as well. Therefore, it had been suggested that this -13-- 12/14/83 /rb provision be removed, as indicated in Mr. Stevens' memorandum. After Council discussed the matter, Mr. Henning said he was directed to provide an exception to this with a cash bond to allow the construction to be completed and the canal slope and hank to be inspected. The sod should be on the premises and ready to be installed at the time of inspection.. Immediately after the inspection, the sod is to be put down so there is no additional truck traffic or rainfall to erode or detract from the slope. Mr. Henning said he has proposed this Ordinance for First Reading today and the new language states there is to be an inspection and that the sod is to be installed without delay. V/M Massaro said there is to be a record in writing and Mr. Henning said there must be a written approval and an installation of sod within twenty-four hours or there will have to be a reinspection. The Ordinance provides for a. letter of credit or cash as may be..approved by the City Council or its designee. Mr. Henning explained that if the Council would decide to establish some guidelines by Resolution and designate the City Manager,, Building Official, or someone else, to approve these bonds, this could be done at a future date. Otherwise, it would come to Council until otherwise directed. V/M Massaro said the language was changed to require a written approval of the inspection. She said she recently went to see several projects and found in one instance that the sod was down but when she stepped off the sidewalk her foot sank in about eight inches since the grading was not done properly. The Vice Mayor said in another instance, she was at a project the day after a heavy rain and she was checking to find out how the drainage was functioning and was shocked to find that the rain had created crevices as much as one foot deep in the area that was already graded and ready for sod. V/M Massaro said she has requested the Ordinance state that if sod is not installed within twenty-four hours, a reinspection will be required. She said if such reinspection is necessary, a reinspection fee would have to be paid. Therefore, as "_r. Henning has indicated, the sod must be on the premises when an inspection is called for by the City. This is a similar situation to the one where a concrete inspection is called for. At that time, the truck is on the premises and ready to do the work. She said she would point out that if the sod is permitted to stand and the work is not done right away, there could be a serious problem if it rains that night. C/M Stelzer said a good example of the situation described by V/M Massaro is that when the City started to clean the canals a beautiful job was done at Sabal Palm where the banks are symmetrical and nicely packed. However, sod was, never put down and the heavy rains washed in and badly pitted the area. and all the work put into it was just wasted. V/M Massaro MOVED the adoption of Temp. Ord. #1080 as revised on December 14, 1983, on First Reading. SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE COMMUNITY DEVELOPMENT li. Spyglass - Revised Site Plan - Temp. Reso. #2930 - Discussion and possible action to approve a revised site plan for a room addition to Unit 19A located at 6541 NW 99 Avenue (tabled from 12/6/83). SYNOPSIS OF ACTION: TABLED indefinitely. -14- 12/14/83 /rb V/M Massaro said since the letters requested from the owners of the adjoining units were not received, she would MOVE this item be tabled indefinitely. SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE 23. Woodmont Tract 59 - Performance Bond - Temp. Reso. #2952 - Discussion and possible action to call a performance bond posted for public improvements. SYNOPSIS OF ACTION: TABLED to 12 28 83 meeting or report by City Manager regarding guaranteed revenues due. City Attorney Jon Henning read the Resolution by title. C/M Kravitz said the guaranteed revenues were never billed and in addition, the Agreement was never signed by the City. He said payment was due on January 6, 1983 for six meters. V/M Massaro stated this should be brought to the attention of the City Manager to determine whether these items should be billed as if they were not, she would like to know why. The Vice Mayor said the Agreement was probably signed by Woodmont and the City could sign it now, but it is a bona fide Agreement and the City does not want to do anything that might jeopardize it. V/M Massaro said she has spoken to Mr. Epple this morning regarding the performance bond and he stated that he was informed by Engineering that there is a problem with the pumping .station. This is the only problem existing and the bond is ready for release. The bond expires on January 9,1984 and she would MOVE to table this item to the December 28, 1983 meeting. SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE 24. Colony West Country Club - a) Calling of a performance by Temp. Reso. #2954. b) Traffic Light Agreement SYNOPSIS OF ACTION: a) and b) TABLED to meeting of 12 2$ 83. Discussion and possible action on: bond posted for public improvements (tabled from 9/28/83). a) and b) City Attorney Jon Henning read the Resolution by title. V/M Massaro said this bond expires on December 31, 1983 and she would MOVE that a) and b) be tabled to the December 28, 1983 meeting. SECONDED by C/M Kravitz. V/M Massaro said there are two different departments involved in this item and she had asked for punch lists, which were provided to her. She has now requested these punch lists be sent to Colony West so they might be able to get the work done before the December 28, 1983 meeting. VOTE: ALL VOTED AYE 25. Southgate Gardens East/Mission Lakes - Bond Release - Temp. Reso. #2956 - Discussion and possible action to release a warranty bond posted to guarantee the construction of NW 71 Avenue. SYNOPSIS OF ACTION: APPROVED release RESOLUTION NO. R--83- 6) PASSED of bond. Arrears in guaranteed revenues to be addressed at meeting of 1/11/84. City Attorney Jon Henning read the Resolution by title. C/M Kravitz said there are guaranteed revenues which were due on June 5, 1983 and have not been paid. The amount due will be $7,936.81 on January 5, 1984. -15- 12/14/83 /rb C/M Stelzer said the bond expires on December 22, 1983. V/M Massaro MOVED that the bond be released, approving Temp. #2956, as there is no choice in the matter and the City will receive the money in another way. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE Mayor Falck requested that the City Manager check the past due it6ms. V/M Massaro said Council was informed by Mr. Toll that he will have a closing at the end of December and everything will be paid by the first meeting in January. The Mayor said this item is to be placed on the agenda for the first meeting in January. 26. W_oodview Tract 38 - Model Sales Facility - Discussion and possible action to renew a model sales permit. SYNOPSIS OF ACTION: TABLED to 1/11/84 meeting because of arrears relating to Water and Sewer Agreement. V/M Massaro said Mr. Grossman is out of the State and could not be reached. She said she feels Council should take no action on this item until the next regular meeting and perhaps Mr. Grossman will return by then. He was at City Hall at one time and spoke to Mr. Henning, who had suggested phasing the project. Mr. Grossman said he would not care to do that, but he did not pay the fees. C/M Kravitz said as of August 8, 1983, there was $122,782.50 due. The interest on that is $936.52. There is also guaranteed revenue due up to December 8, 1983, in the amount of $1,074.15. V/M Massaro stated that the amounts C/M Kravitz mentioned for the interest and the guaranteed revenues, are not significant; and this indicates they have been paying on those portions. The con- tributions -in -aid -of- construction have not been paid as no doubt he has -not made any sales and is unable to make the payments. V/M Massaro said those developers who have phased their projects do not pay contributions -in -aid -of -construction until such time as they take their permits; and this has afforded some relief to those who had problems. V/M Massaro said she sees no alternative but to table this item and as soon as Mr. Grossman returns, he should be spoken to. City Attorney Henning said the permit expires on January 11, 1984 and it would be appropriate to table the item to the next meeting. Mayor Falck commented that phasing was set up as an opportunity for the developers to work out a serious problem. Therefore, if Mr. Grossman is not willing to phase the project, the City would have no other recourse but to inform him that he must make the payments when they are due. V/M Massaro said Mr. Grossman had stated he wanted to stay with the Agreement, and he hoped to be able to make the payments. Possibly he is trying to refinance the project but the City will not know until he returns. At the time Mr. Grossman started his project, there was a moratorium because of a problem with the utilities and he wanted to be sure nothing like that could possibly happen to him. He was assured that this would not happen, but certainly Mr. Henning was not in a position to give him a written guarantee.. _1r,_ 12/14/83 V/M Massaro said after Mr. Grossman discussed this matter with the individuals of his choice, he returned to City Hall and stated he wanted to try to live with the Agreement. Mayor Falck said it would be appropriate for Council to table this item to the January 11, 1984 meeting and by that time the City can accomplish whatever needs to be done so that action can be taken. V/M Massaro MOVED to table this item to the January 11, 1984 meeting. SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE 27. Woodmont Tracts 74/75 - Discussion and possible action on: a) Renewal of a model sales permit in connection with Site Plan 1 and Site Plan 3. b) Renewal of a model sales permit in connection with Site Plan 2 and waiver of 300-foot distance requirement for Certificates of Occupancy. SYNOPSIS OF ACTION: a) and b) APPROVED for six months from 1/12/84. a) C/M Kravitz said he would bring to the attention of Council that on Site Plan 1, guaranteed revenues in the amount of $64.05 has not been paid. On Site Plan 3, the amount of $319.20 is outstanding. C/M Stelzer said that the amount of $319.20 has been paid. V/M Massaro explained that the check for $319.20 was in Finance and somehow was not accounted for. As for the $64.05, they thought it has been paid and will recheck their records to determine whether or not payment was made. She said she feels the 'City should not be concerned with this and would recommend the renewal of th model sales permit in connection with Site Plans 1 and 3. b) V/M Massaro said they are also requesting a waiver of the 300-foot distance requirement for Certificatesof Occupancy, as the customers are asking for the units within that area and the City should not hold them up if they can get customers. a) V/M Massaro MOVED to approve the renewal of the model sales permit for Site Plans 1 and 3, for the six month period from the date of expiration. SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE b) V/M Massaro MOVED to approve the model sales permit in connection with Site Plan 2, and the waiver of the 300-foot distance requirement. SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE 29. Shaker Village - Revised Site Plan - Tem . Reso. #2962 - Discussion and possible action on a revised site plan for an additional storage shed at the recreation area. SYNOPSIS OF ACTION: APPROVED with Conditions. RESOLUTION NO. R-.83-��PASSET V/M Massaro stated that Shaker Village has an existing storage shed and are now requesting an additional one be placed next to it in the same type. City Attorney Jon Henning read the Resolution by title. -17- 12/14/83 /rb V/M Massaro MOVED the approval of the revised site plan with the condition that the building be the same or similar color as the storage building that exists there, and that there be a hedge similar to that planted at.the other building . placed at this facility and that they abide by . all the requirements w thin the South Florida Building Code and the City Code. This would approve Temp. Reso. #2962. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 30. Westwood 24 - Revised Site Plan - Tea.Reso. #2963 - Discussion and possible action on a revised site plan for a porch enclosure at the clubhouse. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-83--.� �PASSED City Attorney Jon Henning read the Resolution by title. V/M Massaro said there is a screened porch as part of the Clubhouse at Westwood 24, which opens up to the pool area. They would like to enclose this, probably with louvered doors, so that people can go inside to dry off without going into the air conditioned clubhouse. This abuts an existing storage area and would merely enclose what already exists. The room itself has slidin_q..41nors. V/M Massaro MOVED to approve Temp. Reso. #2963. SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE 31. Mainlands 15 Clubhouse - Revised Site Plan - Tem . Reso. #2964 - Discussion and possible action on revised site plan for a roof over the golf cart shelter, a roofed entrance and a driveway. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-83- 3 �p PASSED V/M Massaro said a roof is being requested over an existing slab.and she would MOVE the approval of Temp. Reso. #2964.SECONDED by C/M Kravitz. ALL VOTED AYE 33. Fairways III - Warranty Bond - Temp. Reso. #2955 - Discussion and possible action to call a warranty bond posted for public improvements. SYNOPSIS OF ACTION: TABLED to meeting of 12 28 83. City Attorney son Henning read the Resolution by title. Tape V/M Massaro said the bond does not expire until December 31,1983 and 4 there is a meeting scheduled for December 28, 1983. She said she spoke to the gentlemen who is doing the work at Tamway Corporation,and he indicated a problem in ;.ocating a leak. TheV are having trouble with their contractor and were told that if the problem cannot be solved, they should hire someone else to take care of it and they have agreed to do this. V/M Massaro MOVED this item be tabled to the meeting of December 28, 1983 so there will be time to either call the bond or do whatever needs to be done. SECONDED by C/M Krantz. -1$- 12/14/83 /rb C/M Stelzer asked whether Council will be receiving timely reports on the repairs before the next meeting. He said there were several such cases but he has not seen even one report after a Resolution is passed. . Therefore, Council does not know whether the work has been completed in these cases. Fie said he presumes the City Manager checks -this out; and V/M Massaro said that is correct. City Manager Stuurmans said this was discussed at the Pre -Agenda Meeting and a report was sent to Council on one of the subjects discussed at that time in connection with Spring Lake IT. VOTE: ALL VOTED AYE 43. Colony West County Club - Release of Cash Bond - Temp. Reso. # 2 9 7 4 . SYNOPSIS OF ACTION: Agendized by Consent RESOLUTION NO. R-$3-D PASSED. on Page 1. APPROVED bond release in the amount of $6,000.00. V/M Massaro said the work has been completed and the Engineering Department has recommended the release of the cash bond. She MOVED to approve Temp. Reso. #2974, releasing the $6,000.00 cash bond. SECONDED by C/M Krantz. City Attorney Jon Henning read the Resolution by title. VOTE: ALL VOTED AYE 44. Green Kroll - Reconsideration of Council Action Taken on November 9,1983. SYNOPSIS OF ACTION: Agendized by Consent on Page 1.Action rescinded relating to bacxfilling lot #10 prior to obtaining building permit,and building permit is to be released for lot #10. Certificate of Occupancy not to be issued until completion of all work and no permit is to be issued for lot #11 until that work is completed. An endorsement and a hold harmless will be provided. V/M Massaro stated that on November 9, 1983, Council took action to the effect that Green Kroll will not be required to excavate lots 12 through 20 of their project and that they pay the retention fees in lieu of this due to the hardship imposed upon them. They were not aware of this problem as the excavation had been done by the Montwood Corporation and work had already been started in that area. V/M Massaro further explained that Green Kroll was directed to backfill lots 9, 10 and 11 to the property line and create a slope on the property itself. There is a house already under construction on lot #9. Meanwhile, Montwood Corporation had hired Keith & Schnars to determine who is responsible for the overexcavation. Their studies have now been completed, and Montwood Corporation is: going to do the backfilling of lots #9, #10 and #11. Mr. Krasne has a customer for lot #10 and he is afraid that unless Council takes action today, he will lose the customer. V/M Massaro said she would suggest that Council alter the requirements imposed upon Green Kroll. It had been required that no Certificate of Occupancy will be issued for lot #9, which is the house under construction, until the required backfilling is completed. The Vice Mayor said she would recommend this require- ment be in effect. There was also a requirement that building permits will not be issued for any of the remaining lots under discussion, until canals are properly constructed for lots #10 and #11 as well. She suggested that Council release lot #10 -19- 12/14/83 /rb from that requirement but no Certificate of Occupancy is to be issued on this, lot until the work is completed and no permit be issued under any condition for lot #11 until that work has been completed. An endorsement has been requested to specifically include this backfilling and Green Kroll has agreed to do so. They are further required to furnish the City with a hold harmless agreement because a shelf cannot be provided. Most of the back - filling will be done with large coral rock boulders so the dirt will not vanish into the canal. Green Kroll has agreed to the requirement for the hold harmless. V/M Massaro said Green Kroll is willing to meet all the require- ments and will furnish the City with the endorsement, as part of the $400,000.00 bond. The bond will not be released until this work has been completed. The City will also be provided with the hold harmless agreement, which will be subject to the approval of the City Attorney. Green Kroll is asking for the release of the permit for lot #10. No Certificate of Occupancy is to be issued until all the work has been completed, and V/M Massaro said she would so MOVE. SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE MAYOR EALCK RECESSED THE MEETING AT 11:30 A.M. TO 2:00 P.M. -20- 12/14/83 /rb TAPE MEETING WAS CALLED TO ORDER AT 2:00 P.M. AND ALL WERE PRESENT. 5 COMMITTEES AND BOARDS 3. y Committee - Investment Advisor and possible action to appo int (tabled from 12/l/83). SYNOPSIS OF ACTION: APPROVED appointing Seymour Poster and an announcement was made of a vacancy on this committee. Temp.__Reso. #2911 - Discussion members to this committee RESOLUTION NO. R-83- 59-� 7 PASSED. C/M Stelzer read the Resolution by title and Mayor Falck nominated Seymour Polster. V/M Massaro MOVED the ADOPTION of the recommenda- tion to appoint Seymour Polster, SECONDED by C/M Krantz.. C/M Kravitz questioned Mr. Polster as to his experience and Mr. Polster said he has over 60 years of experience in business. C/M Kravitz nominated Morris Haber for this Committee along with Seymour Polster. C/M Stelzer and V/M Massaro said they have not reviewed this applica- tion and Mayor Falck suggested Council review this and interview him. VOTE: ALL VOTED AYE C/M Kravitz MOVED to Agendize by Consent the announcement of the vacancy on this committee, SECONDED by V/M Massaro. VOTE: ALL VOTED AYE V/M Massaro MOVED that it be advertised in the usual manner that a vacancy exists on this committee and anyone interested should apply to the City Clerk's office, SECONDED by C/MK-antz. VOTE: ALL VOTED AYE PUBLIC HEARING 15. Barr 5. Eden - Rezoning Petition #20-Z-83 - Temp_._ Ord. #1078 - possible bl e action to rezone the lands on the ...� Discussion and west side of NW 88 Avenue, north of Tamarac City Hall and south of Paradise Estates, from B--5 (Limited Business District) to B-3 (General Business). First Reading. a) Acceptance of Affidavit of Publication, Affidavit of Mailing, and Affidavit of Posting. b) Consideration of application. SYNOPSIS OF ACTION: a) Affidavits {{A�CCEPTED. b) Temp. Ord. #1078 DENIED on first reading. a) Jon Henning read the Ordinance by title and V/M Massaro MOVED the ACCEPTANCE of the affidavits'of,publication, posting and mailing. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE b) Barry Eden, applicant, said the site plan shows the intended use of the property. He said the building is basically a mansard front wood facia building with a glass store front. He said he feels the City needs a type of building that would provide service -type businesses with bulk storage space and yet be aesthetically acceptable. He said the building is 70' deep and the front 20' of this would be office/retail use. He said Greg Darby prepared the site plan and it was indicated that if the project was approved, there would be a median cut in front of this property available from the County. V/M Massaro asked Mr. Eden why any other zoning is needed other than what he already has and Mr. Eden said B-5 and B-6 are good zones for office -type use; however, he needs a minimum of a B-2 to accomplish the objective he has planned with this building. - 21 - 12/14/83 /pm V/M Massaro said the B-5 was given with this thought in mind so that it would blend with this area and she feels the B-5 zoning is too much and this should be zoned residential. Mr. Eden said there is a canal on two sides of the property with buffer zones and Greg Darby provided a major landscaped area and this building is far away from Paradise Estates. He said with the B-5 zoning, a building can be 2 or 3 stories but with B-3 it would be restricted to a 1 story building. C/M Krantz said Pine Island is surrounded with residential communities and this seems inappropriate. Mr. Eden said this property has always been zoned commercial. V/M Massaro asked Mr. Eden if he owns this property and he said no, he has an option to purchase it. C/M Stelzer said the Planning Commission was unanimously opposed to this. Mayor Falck opened the public hearing. Herman Weiss, property owner in Paradise Estates, said he has a business in Tamarac and proposes to erect a commercial building in Tamarac; however, the residents of this area are opposed to the change of zoning. He said Pine Island Road is basically a residential street and by changing this zoning, the impact on this road would become a liberal commercial district and a catch-all for unwanted businesses. He said B--3 is inconsistent with the Land Use Plan and the property in question is in the middle of the block and not at a main intersection. Kim Jones, resident of Paradise Estates said he is opposed as well. Mayor Falck closed the public hearing. V/M Massaro MOVED that Petition #20-Z-83, Temp. Ord. #1078 be DENIED, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE GENERAL ADMINISTRATIVE/FINANCIAL 9. Queen of the Sea, Inc. d/b/a Fish Bowl Restaurant - Discussion and possible action on revocation or suspension of the occupa- tional license for this restaurant. SYNOPSIS OF ACTION: The City Attorney was authorized to research the City's legal position and report to Council at the next regular meeting. (See also Page 10). Barry Eden, attorney for the applicant, cautioned Council to be sure the legal standing is good for the City before the occupational license is revoked. V/M Massaro MOVED that the City Attorney be authorized to research the City's legal position and bring this back at the next regular meeting, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE Mr. Henning said the letter was sent by the provisions of the City Code,Chapter return receipt requested and the receipt was accepted. He said this was noticed the morning portion of the meeting, was was present as representative. the City Clerk pursuant to 14-27. This was sent out was returned and the letter for 2:00, it was called at recalled at 2:00 and no one COMMUNITY DEVELOPMENT 22. Swanson West - Discussion and possible action to approve an amended Water and Sewer Developers Agreement (located on the northwest corner of Commercial Boulevard and NW 84 Terrace). SYNOPSIS OF ACTION: APPROVED as amended. - 22 - 12/14/83 /pm Jon Henning said this is an amendment to a prior Water and Sewer Developers Agreement which was entered into by the developer and the City on 11/10/82. He said there has been a change in the request for ERCs and they now request 5 ERCs for irrigation in addition to 2-1/2 ERCs for water and sewer service. He said this -would be subject to the Engineering Department's approval since Exhibit D is not sealed. V/M Massaro said Council has the letter of approval and an additional payment of $2,775 is required and has been paid. She MOVED the APPROVAL of the amended Water and Sewer Developers Agreement, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 46. Presentation by Miller_& Meier - Status report - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. See Page 3 . Presentation was given and Council APPROVED using a model instead of a second drawing for public relations purposes at an additional cost of $5,000. The Mayor, City Manager and City Attorney are to meet, discuss potential problems and report to Council. Craig Kenyon, representing Miller & Meier, said in previous meetings with Council there was discussion concerning the concept of providing a rendering or a model to present to the public for the bond issue referendum. He said there is provision in the contract to do one rendering as part of the schematic design service and they feel a model would be a better choice. He said this could be done in a small scale to be transported around to all the civic groups as a public relations effort to get the referendum passed. He said it would be approximately 30" by 40" and show the two buildings, the allocation of space for the future community center, parking, access, etc. He said this would not be final but they would take one of the proposed site plans and create the artists model from that. Mr. Henning said because of the location of the buildings it is not the type of drawing where they can be illustrated together. He said the contract has a credit for a drawing for about $5,000, however, two drawings would be needed to do this properly which would be an additional $5,000. He said the model will be approximately $10,000 and the City will get a credit for the $5,000 that would have been paid for the drawing. He said they plan to video tape either the model or the rendering to get a presentation together. Mr. Kenyon ape said with their experience with these presentations, they have found 6 that models tend to be more easily understood. Mr. Kenyon said it will take approximately 3 weeks to prepare the renderings or the model and the City Manager needs this as soon as possible to start the public relations effort. Mayor Falck said he would prefer a model and C/M Krantz concurred. C/M Krantz MOVED that a model be used instead of a second drawing at an additional cost of $5,000. SECONDED by C/M Stelzer VOTE: C/M Stelzer. Aye C/M Krantz Aye C/M Kravitz Nay V/M Massaro Nay Mayor Falck Aye Laura Stuurmans said there are several points to be discussed relating to the City facilities and preparations towards the election process. She said from discussions with participants in the administrative level, they feel very strongly that Council should retain the services of financial advisors for the issuance of this bond issue. In order to do that, she said, the Competitive Negotiations Act should be followed. In recognizing th,e entanglements that occur with that, she requested permission to solicit for those immediately. - 23 - 12/14/83 /pm Laura Stuurmans said the other aspect is questions of approaches to presenting the question to the public. V/M Massaro questioned whether the first bond issue was handled without cost and then bond counsel was hired and Mayor Falck said it was. Laura Stuurmans said they are now talking about retaining the services of a financial advisor who would have a fee associated for his services but the fee in case of a loss of the issue at referendum would be structured differently than a successful endeavor. V/M Massaro said she would like to review what was done when there was bond counsel and financial advisors for the utility because no one was hired until such time as the City was ready to move forward on the bond issue itself. Mayor Falck said he sent the City Manager and Council a brief summary of comments made to him as a result of an individual who had contacted him. One was the former General Counsel for the Florida League of Cities who operates out of Jackson- ville and has offered to come down at no expense to the City to discuss this. He said another individual who has worked on bond issues for surrounding cities has said there are no fees connected with this at this stage. He suggested these people or others be contacted to learn what they have to offer. The City Manager said staff is suggesting the services of both,a financial advisor and bond counsel. V/M Massaro said the financial advisor came along later and if it were not that the law required it, the City would have been better off without them. Mr. Henning said there is an election in March at which time a referendum will be prepared for the electorate for this bond issue. There is another question regarding the County 201 Program and the Tamarac Utility Plant expansion and that is whether these should go on separate referendums or be considered all at once. Council expressed concern with discussing this at this time since it is not on the agenda and the City Manager said at the time Council concurred that there should be both a City Hall complex and a Police facility presented to the electorate for bond issue, staff was asked to review certain things and bring the information to Council. She said with dead- lines forthcoming soon, they felt consideration should be given as soon as possible. Mayor Falck said he would suggest Council look at what the City Manager has available for presentation to Council and discuss with the City Attorney the matter of 201 plus related items. V/M Massaro suggested the Mayor, City Manager and City Attorney outline the problems and bring a memo back to Council for review. 28. Village_Mal1 (formerly Rum Runner) - Discussion and possible action on: a) Waiver of platting requirements - Tea ... Reso. #2958 b) Revised Site Plan - Tem Reso. #2959 c) Landscape Plan d) Water and Sewer Developers Agreement e) Water Retention Agreement f) Ingress/Egress Easement - Temp. Reso. #2960 g) Utility Easement for fire hydrant - Tem . Reso. #2961 SYNOPSIS OF ACTION: RESOLUTION NO. R-83- 3/PASSED. a and b APPROVED with conditions, RESOLUTION NO. R-83- e,-,15�PASSED. c) TABLED, d) DELETED, e) and f) RESOLUTION NO. R-83- ,� 3 _::5TpASSED. APPROVED, g) TABLED to 12/28/83 meeting. a) Thom Lira, representing the applicant said what his field crews thought was a septic tank turned out to be the grease trap for the old Rum Runner Restaurant. He said the building is on City sewer and water so that there is no longer a need for a Water and Sewer Developers Agreement, this would delete Item d� from this agenda. He said Item g), the legal description will have to be changed because they had to move the fire hydrant to the other side of the driveway. V/M Massaro said the applicant, Mr. Giourgas, has made a voluntary contribution towards the traffic light in the amount of $11,000. Mr. Lira said the proposed use will be a furniture store called Forget. The check for $11,000.00 for the Traffic Light contribution was submitted at the meeting along with a check for $179.01 as a Drainage Improvement Fee. Mr. Henning read Temp. Reso. #2958 by title and V/M Massaro requested that Council consider the b portion first. - 24 - 12/14/83 /pm b) Mr. Henning read Temp. Reso. #2959 by title and V/M Massaro said there is a problem with the location of the dumpster and she suggested on the left side where the handicapped space is shown, the dumpster could be located there allowing easy access as well as a nicer area for beautification. She said the parking area would have to be re- drawn and Mr. Lira said the State and the South Florida Building Code requirements for handicapped parking require that a handicapped person not have to cross a drive to enter the building. Mr. Lira said they will be glad to comply with the Vice Mayor's suggestion. V/M Massaro said there would be a 4' sidewalk needed from the sidewalk to the door of the dumpster and Mr. Lira agreed to this. V/M Massaro MOVED APPROVAL of Tem _ Reso. #2959, SECONDED by C/M Krantz. vnTF- ALL VOTED AYE a) V/M Massaro MOVED APPROVAL of Temp. Reso. #2958, SECONDED by C/M Krantz. Mr. Henning said he recommends approval on this. vnTF- ALL VOTED AYE V/M Massaro cautioned Mr. Lira that the drivecuts must be coordinated with DOT and submit the revised site plan to the City Planner and the City Engineer showing the revisions of the various parking spaces. She said the ground sign must be 10' from the property line and this will be subject to the Beautification Committee's approval. She said the proper "Stop" and "No Left Turn" signs must be erected and they must install a central smoke detector as well. c) V/M Massaro said this Landscape Plan was approved by the Beautification Committee subject to the following substitutions: 1. That the Landscape Plan will be adjusted to meet the site plan. 2. That Pink Tabebuia trees will be used in place of the damaged mahogany trees. 3. The berms must be 36" in height. 4. The dumpster must have a hedge around it. 5. They can get either an Engineering or Building permit to avoid delay. 6. There will be no beautification inspections until such time as Council has approved the plan after the Beautification Committee's approval. Mr. Lira agreed to all the Beautification Committee's recommendations. V/M Massaro MOVED to TABLE this Item for further review by the Beautification Committee, SECONDED by C/M Stelzer. VOTE: ALL VOTED AYE e) V/M Massaro MOVED APPROVAL of the Water Retention Agreement, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE f) Mr. Henning read Temp. Reso. #2960 by title and V/M Massaro MOVED APPROVAL, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE g) V/M Massaro MOVED that Temp. Reso. #2961 be TABLED to the meeting of 12/28/83 so that it can be put�in�proper form, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE d) V/M Massaro MOVED to DELETE this Item subject to the discussion with the City Engineer to be sure this is accurate, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE - 25 ` 12/14/83 /pm 34. Woodmont Tract 72-C (Pineapple Park) - Discussion and possible action on: _ a) Site Plan - Temp. Reso. #2966 b) Water and Sewer Developers Agreement c) Ingress/Egress Easement - Tem . Reso. #2967 d) Water and Sewer Utility Easement - Temp. Reso. #2968 (to be located at the northwest corner of NW 80 Avenue and NW 70 Street). SYNOPSIS OF ACTION: RESOLUTION NO. R-83- 3 PASSED. a and b APPROVED with conditions, RESOLUTION NO. R-83-2 3 ,? PASSED. c) and d) APPROVED. RESOLUTION NO. R-83- 3�;F,9 PASSED. a) Jon Henning read Temp._ Reso. #2966 by title. Richard Rubin said this is for 69 townhouse units to be placed in Woodmont Tract 72-C, which was already platted by the Council about 6 months ago. He said this property will be located on the south side of Montwood adjacent to NW 70 St. and NW 80 Ave. He said the amount of units is consistent with the Land Use Plan and the zoning for the property and the size is 8.139 acres. He said staff recommends approval subject to: 1. They must provide a shelf for safety areas but if they cannot conform, they will have to defer to Stipulation #16 with the City Engineer's approval. 2. They will excavate to the property line on all sides. 3. There are only 49 units left for Tract 72A. 4. At the 12/28/83 meeting, the parking lot lighting plan must be submitted since this is not shown here. 5. A permit can only be issued for the first model until such lighting plans are approved by Council. 6. There must be a rust free sprinkler system installed. 7. The median strip on 70 St. and 80 Ave. is to be curbed all around, backfilled and fully sodded with bahia grass. 8. When the property owner on the other side of NW 70 St. builds, they will be required to assume half the expense of the curbing. 9. Total units for Tracts A and C shall not exceed 118 units. 10. Continuous sidewalks leading to pool and parking spaces. Tape Dan Oyler, representing Craven and Thompson, agreed to all the 7 conditions. V/M Massaro MOVED that the site plan be APPROVED as red - lined and as indicated previously. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE b) Mr. Henning said the Agreement needs the signature of the developer. Mr. Oyler presented a check in the amount of $71,142 which included $70,642 for Water and Sewer Contribution Fees and $500 for the ERC Review Fee. Mr. Henning said there is a receipt on Exhibit B indicating the fees to be paid to Marmon are charged to Mr. Epple's credit. Mr. Henning noted the following corrections to the Water and Sewer Developers Agreement, on Page 1, "Gerald Bell" should be stricken so that it is just "Woodvale Builders, Inc.". He said they need an address for City National Bank and V/M Massaro MOVED APPROVAL of the Water and Sewer Developers Agreement as presented, SECOMPEP by C/M Krantz. VOTE: ALL VOTED AYE c) Mr. Henning read Te_m_p_.__Reso. #2967 by title and V/M Massaro MOVED APPROVAL, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE d) Mr. Henning read Temp. Reso._#2968 by title and V/M Massaro MOVED APPROVAL, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE - 26 - 12/14/83 /pm 21. Executive Center - Site Plan - Discussion and possible action on: a A request to extend approval of the site plan (to be located on the west side of University Drive south of Sunflower Shopping Plaza). b) Amended Water & Sewer Developers Agreement SYNOPSIS OF ACTION: a APPROVED extension of time for one Year with the understanding that the guaranteed revenues begin 11/15/84, and as conditioned. b) Amended Water and Sewer Amendment - Agendized by Consent. APPROVED with conditions. Richard Rubin said the applicant has requested an extension since their one year time period has almost elapsed. He said staff recommends approving this extension with the items included in the memo from the City Planner to Council dated ll/l/83. Charles Schultz, representing EKL Developers agreed to: 1. Provide a roof manifold for the dry standpipe system terminating above the roof level. 2. A 3' high wall is to be placed on the north, south and center portions of the property and in the center area where the wall will not be placed, a 3' berm is to be constructed. 3. The developer has voluntarily submitted a check contributing $5,000 towards a traffic light. Mr. Schultz submitted this check to the Assistant City Clerk at the meeting. 4. All previous comments made by staff and Council as conditions of approval will still apply and are in full effect as per Council action of 11/10/82 with the exceptions as itemized by the City Planner today. 5. Any further revisions to the building coverage or traffic circu- lation will require full compliance to Code at that time. V/M Massaro MOVED the APPROVAL of the amended site plan and extension of time for one year with the understanding that the guaranteed revenues begin 11/15/84. All Items previously mentioned as conditions became part of this MOTION, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE b) V/M Massaro MOVED to Agendize by Consent discussion and possible action concerning the amended Water and Sewer Agreement, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE V/M Massaro requested that the City Attorney prepare the Water and Sewer Agreement to reflect the additional $30 per ERC and also that the guaranteed revenues will begin 11/15/84. This should also reflect that the proper persons be authorized to sign that agreement and submitted by the next regular meeting. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE The applicant did pay the fee of $150 which is for the 5 ERCs at $30 each. 32. Chapman Warehouse - Revised Site Discussion and possible action on: a) A revised site plan for paving at 5098 NW 37 Avenue). b) Water Retention Agreement SYNOPSIS OF ACTION: TABLED to the 12/28-/83 meeting action on: a) Revised Site Plan b) Water Retention Agreement - Agendized by (See Page 2). - 27 - Plan - Temp. Reso. #2965 - and building improvements (located Consent 12/14/83 pm Mr. Henning read the Resolution by title and V/M Massaro said there are two checks required, $236.25 for the Water Retention Fee and $17.55 for the Drainage Improvement Fee. The applicant did not have these fees with him and V/M Massaro MOVED to TABLE this Item to the 12/28/83 meeting. SECONDED by C/M Kravitz. VOTE: LEGAL AFFAIRS C/M Stelzer Absent C/M Krantz Aye C/M Kravitz Aye V/M Massaro Aye Mayor Falck Aye 13. Optional Type Design Walls - Temp_. Ord. #1070 - Discussion and possible action to amend Section 6-12 and 6-45 of the Code to permit construction of precast concrete panels as an alternative design to solid masonry walls. First Reading. SYNOPSIS OF ACTION: APPROVED on first reading. V/M Massaro displayed an actual cement block that is being proposed for use as an alternative design to solid masonry walls. Mr. Henning read the Ordinance by title and V/M Massaro MOVED APPROVAL on the first reading, this will be permanently tied into solid masonry posts at the top of the panel in a manner acceptable to the Building Official. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE COMMUNITY DEVELOPMENT 45. Woodmont Tract 56 - Temporary Model Sales Center - Discussion and possible action on: a) Request for temporary waiver of platting requirements - Temp. Reso. #2970 b) Hold Harmless Agreement. c) License Agreement and Cash Bond Agreement d) Site Plan - Tem.__Reso._ #2971 e) Landscape Plan f) Water and Sewer Developers Agreement g) Canal Maintenance Easement - Temp. Reso. #2972 h) Utility Easement for fire hydrant - Temp. Reso. #2973 SYNOPSIS OF ACTION: RESOLUTION NO. R-83- / PASSED. a APPROVED as amended, RESOLUTION NO. R-83- PASSED. b) HELD for further discussion (See Page 32) . RESOLUTION NO. R-83-s„ /,3 PASSED. c), d), e), f), g)& h)APPROVED. RESOLUTION NO. R-83-_c;3 PASSED. Agendized by Consent (See Page 1). T d) Richard Rubin said on 12/8/83 this Item was discussed by the Broward County Planning Council and was deferred for further review to their January meeting. He said the applicant has submitted to the City a plat and a site plan for this property. This property is zoned commercial and they would like to put in a sales center at this site to assist them. He said the site plan complies with all Codes and staff is requesting Council's approval with all the provisions in the backup. Mr. Henning read Temp, Reso. #2971 by title and V/M Massaro MOVED APPROVAL of the site plan and sales center, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE e) V/M Massaro MOVED APPROVAL of the Landscape Plan as presented on the site plan, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE - 28 - 12/14/83 /pm a) Mr. Henning read Temp. Reso. #2970 by title and V/M Massaro MOVED the ADOPTION of Temp. Reso. #2970 as read, SECONDED by C/M Krantz. Mr. Henning said the platisin the process of being approved by the County and this will not be a permanent waiver but merely a means of allowing them to move forward. Mr. Henning said the Broward County Environmental Quality Control Board must be satisfied and they have joined the City to avoid droblems in this area. He said if Council wants them, with Broward County approval, to receive a certificate of occupancy, he recommended they strike (a) in Section 3. V/M Massaro asked Mr. Henning if this were not one of the areas where they are seeking additional dedication and Mr. Henning said yes. Mr. Rubin said Council would be protected in this regard since they have for approval a license to go on the property and a bond in an amount of $5,000 to tear down this building if the property is not platted by December, 1984. He said the County might not allow this plat because they are not allowing a 40' additional right-of-way for University Drive. He said if this is the case, the City has the control of the license and the bond to go on the property and remove the structure with his permission. However, Mr. Rubin said, the applicant does want to have a cer- tificate of occupancy and operate this by February to make this season to sell his homes. City Manager Stuurmans said this follows a similar case reviewed a year ago when there was a problem with the cart before the horse situation with E.Q.C.B. Mr. Henning suggested striking Section 3 (a) and changing it to "requirements of Broward County Environ- mental Control Board shall be satisfied". Mr. Rubin submitted for the City's records a copy of a letter from Mike Cavelli of Keith & Schnars which shows that the County Engineering Department is comfortable with the plat as proposed. V/M Massaro said this is the entrance to Woodmont and they are willing to dedicate 17' of University Drive. Mr. Henning said there should also be a new Section "E" stating "this waiver shall expire on 12/15/84". V/M Massaro AMENDED her MOTION for APPROVAL of Temp. Reso. #2970 as amended and the.SECOND concurred. ape 8 VOTE: ALL VOTED AYE b) Mr. Henning said this Hold Harmless Agreement included payment of a $5,000 bond and'V/M Massaro asked if the City has received this. Mr. Henning said Steve Epple has signed the Agreement but this just stipulates that Montwood agrees to pledge the cash bond in the amount of $5,000 as security for demolition and removal of the sales center. This Item was held until this could be checked. c) Mr. Henning said this gives the City the authority to go onto the property if necessary to carry out the terms and conditions of this waiver. V/M Massaro MOVED APPROVAL as submitted, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE f) V/M Massaro MOVED APPROVAL of the Water and Sewer Developers Agree- ment as submitted, SECONDED by C/M Krantz. A check in the amount of $1,530 was submitted at this meeting. VOTE: ALL VOTED AYE g) Mr. Henning read Temp. Reso. #2972 by title and C/M Krantz MOVED APPROVAL, SECONDED by C/M Stelzer. VOTE: ALL VOTED AYE h) Mr. Henning read Temp. Reso. #2973 by title and C/M Krantz MOVED APPROVAL, SECONDED by C/M Stelzer. VOTE: ALL VOTED AYE - 29 - 12/14/83 /pm 18. Ashmont/Kin s Point - Discussion and possible action to approve an amended Water and Sewer Developers Agreement (tabled from 12/6/83). SYNOPSIS OF ACTION: APPROVED as submitted. Mr. Henning said originally there were 75 ERCs or units paid for by Lennar under the name of F & R Builders. Recently they requested phasing this Agreement for the Ashmont project and it was discussed a few weeks ago, granting them approval to pull water meters for Phase I, for the guardhouse and the pool and cabana. He said they have paid all the contribution charges for their first phase. He said they have developed an Agreement accounting for all the units and meters, and they will continue to pay interest on those 168 ERCs or units that have not been purchased. Mr. Henning said, in light of the payments they have made already which total $60,274 and the Agreement to continue to pay the interest on 168 outstanding ERCs,he recommended approval. C/M Kravitz said he has a notation of guaranteed revenues due amounting to $1,778.40 and Marty Riefs, representing Lennar, said this has been paid. C/M Kravitz MOVED APPROVAL of the Water and Sewer Developers Agreement as amended, SECONDED by C/M Stelzer. VOTE: ALL VOTED AYE 19. Kings Point - Performance Bond - Temp. Reso. #2953 - Discussion and possible action to call a performance bond posted for canal excavation of Tracts 12, 13 and 13A. SYNOPSIS OF ACTION: REMOVED from the Agenda as the bond was extended to 6/24/84. Mr. Henning read the Resolution by title and V/M Massaro said this extension has been received by the Engineering Department and she MOVED to REMOVE this Item from the Agenda. This would extend the bond to 6/24/84, SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE 20. Tamarac Gardens - Discussion and possible action on: a Revision to Site Plan 1 for change of product - Tem . Reso. #2957 b) Revised Landscape Plan c) Amendment #2 to Water and Sewer Developers Agreement SYNOPSIS OF ACTION: RESOLUTION NO. R-83- 7 PASSED. a) APPROVED as submitted for Site Plan 1 only. b) APPROVED c) See minutes. a) Mr. Henning read the Resolution by title and Richard Rubin said the applicant has found that the present units are not selling and they are revising their product; therefore, they are revising the site plan for all those buildings that have not been built. He said it has been broken into two phases and they are asking for approval for Phase I today and they will seek approval for Phase II at some future date. He said staff has reviewed this and the City Engineer has determined that there are more fees required for the changes to the site plan which will be required to be paid when they seek their first building permit. Mr. Rubin said staff recommends approving the project subject to pay- ment of $215.48 Landscape Fee for the tennis court. He said the applicant has advised him that the post office is no longer delivering mail to individual mailboxes but they are delivering it in gang mail- boxes. He said the applicant has requested Council approve the location of those mailboxes in an acceptable location to the City Engineer. - 30 - 12/14/83 /pm V/M Massaro said there should be no problem with this as long as they comply with the requirements of the post office and the City's Engineering Department. She said this would also be subject to them paying an additional Engineering Fee of $3,642.62 at the time they apply for a permit. V/M Massaro MOVED APPROVAL of the revised site plan as submitted for Site Plan 1, Temp. Reso. #2957, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE b) V/M Massaro MOVED APPROVAL of the revised Landscape Plan as presented, SECONDED by C/M Kravitz. The check for $215.48 Landscape Fee was presented at this meeting. VOTE: ALL VOTED AYE c) Mr. Henning said the site plan has been approved and this is an Exhibit to the Water and Sewer Agreement and this is a reason for the Agreement's revision. He said the new site plan will not have a different number of units; however, the footprint of the building is different and from an engineering standpoint, the meter configuration is different. He said they originally planned individual meters for 196 units and they are changing to a multi -family configuration now. This has no bearing on the contribution charges since these were already purchased. He said the essence of the second amendment to the Water and Sewer Developers Agreement is to correct the site plan and the property description, this gives an amended Exhibit A, an amended Exhibit C and an amended Exhibit D which is the configuration of meters. He recommended approval of these with the proviso that the amended Exhibit D be approved by the City Engineer. Mr. Henning referred to Page 2, Paragraph 4 which should read "amended Exhibit A, amended Exhibit C, site plan, and amended Exhibit D, ERC summation". He said there will be no effect on dollars or units but there may be an effect on the meter sizes and the number of meters. V/M Massaro said the City Manager emphasized that she wanted the size and number of meters to reflect what the applicant's engineers had submitted in the beginning and this was agreed upon yesterday. She said this is what Exhibit D is to reflect. V/M Massaro said the only change that City staff should make would be if they were not sufficient but if they are more than what staff feels is needed, they should take the information furnished by the applicant. V/M Massaro MOVED that Exhibit D be corrected to reflect the number and size of meters as'indicated on the schedule submitted by their engineers previously and required by the City Manager. This change was initialled by Mr. Riefs. SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE C/M Stelzer said he had received complaints from people purchasing homes in Tamarac Gardens and he discussed these with Marty Riefs. The complaints mainly concern the size of the pool and clubhouse and he went to the location and the size of the pool is adequate and the clubhouse was never intended as an assembly hall but only for card and billiard playing. Mr. Henning said he viewed the premises with the City Planner after having heard many complaints and suggested the residents get on the mailing list to receive the Council agendas and attend the meetings. He said he determined: 1. that there is a minimum square footage required in the City and this was met. 2. the number of units has not changed, only the configuration of the apartments has changed. 3. the recreation clubhouse was never intended as an assembly room and unless there has been a change adverse to the condominium documents, it does not affect this plan. V/M Massaro requested Lennar consider the recommendation as made by these residents for future projects but the City can do nothing at this point. - 31 - 12/14/83 /pm 45. Woodmont Tract 56 - Temporary Model Sales Center - Discussion and possible action on: a) Request for temporary waiver of platting Temp-.-Reso. #2970. b) Hold Harmless Agreement c) License Agreement and Cash Bond Agreement d) Site Plan - Temp. Reso. #2971 e) Landscape Plan m f) Water and Sewer Developers Agreement g) Canal Maintenance Easement - Temp. Reso. h) Utility Easement for fire hydrant- Temp. SYNOPSIS OF ACTION: See Pages 28—X—T9) . b) APPROVED. requirements - #2972 Reso. #2973 Mr. Henning said Council already discussed the license which allows the City to go onto the property and the cash bond is the money that would be used to pay for the work needed if the City's rights were to be exercised under the demolition provisions. The Hold Harmless Agreement is to protect the City from libel. He said he would see that the additional lines were added to the Cash Bond Agreement for signatures of the Mayor, City Manager, etc. V/M Massaro MOVED APPROVAL of the Cash Bond Agreement and the Hold Harmless Agreement as sub- mitted with the additional lines for the various signatues needed. SECONDED by C/M Kravitz. frLlym ALL VOTED AYE V/M Massaro noted that the Assistant City Clerk received a Cash Bond in the amount of $5,000 at this meeting. Tape 35. Drainage Improvements„in the City - Discussion and possible 9 action. SYNOPSIS OF ACTION: The"City Engineer was authorized to proceed with the necessary design work and bring to Council for final approval in accordance with his memo of 12/5/83. V/M Massaro said 70 Avenue and 58 Street are top priority and should be considered immediately for drainage improvements. She said the City Engineer will meet with the Public Works Director concerning this location. C/M Kravitz said he has received several complaints from residents of Section 5. The City Manager referred Council to a memo from the City Engineer to her dated 12/5/83 in which some of the obvious priorities of drainage and road surfacing work is outlined. She said once the City has received the new jet vac equipment, this work can be completed. Mr. Keating, City Engineer, said he and the Public Works Director cannot make a determination as to whether capital improvements are required until they get this equipment and those lines are dry and inspected. The City Manager said the City Engineer's list does indicate the four priority areas which would cost approximately $300,000. Mayor Falck suggested authorizing the City Engineer to proceed with the design work and submit this to Council. C/M Kravitz MOVED to authorize the City Engineer to proceed with the necessary design work and bring this to Council for final approval. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE - 32 - 12/14/83 /pm PUBLIC HEARINGS - 5:05 P.M. 39. ResidentialZoning Requlations - Temp. Ord. #1050 - Discussion and possible action to amend Section 28-27.2 of the Code by revising the Table of Miscellaneous Residential Zoning Require- ments to provide a new portion titled "Maximum Plot Coverage" (for all impervious areas) and providing for maximum percentage of coverage on all lots. First Reading. SYNOPSIS OF ACTION: Public Hearing was held and this was APPROVED on first reading. The City Planner will explore percentages within surrounding cities. Mr. Henning read the Ordinance by title and Mayor Falck openea the public hearing. Walter Rekuc, resident, said he thinks the percent- ages are much too. large. He said Broward County has 60% and they are reducing this to 50%, Coral Springs is reducing theirs to 55%, and he recommended reducing Tamarac's to 55% in all areas up to RM5 and from R-3U down, 45% should be considered. Vickie Beech asked for a clarification of this Ordinance and Mr. Henning said this basically states that in all residential areas, whether a single family or multi -family lot, you cannot cover the lot with non -pervious material such as a building, pavement or parking lot more than 2/3 of the lot coverage. This would allow 1/3 of the lot to be available for percolation, drainage and flood control. V/M Massaro MOVED APPROVAL on first reading of Temp. Ord. #1050, SECONDED by C/M Krantz. Mayor Falck asked the City Planner to explore the percentages within surrounding cities and Mr. Rubin said he would. VOTE: ALL VOTED AYE 40. Business Uses - Temp. Ord_._#1067 - Discussion and possible action to amend Section 28-171 of the Code by clarifying the setback requirements of delicatessens, restaurants and dining rooms in commercial centers. First Reading. SYNOPSIS OF ACTION: Public Hearing was held and this was APPROVED on first reading with the old language to be stricken by the City Attorney. Mr. Henning read the Ordinance by title and Richard Rubin said the way the Ordinance is written presently, if you have a commercial shopping center, the restaurant being placed in there cannot be any closer than 100' from the adjacent residential property. He said they believe that the purpose of this Ordinance originally was to state that the restaurant property, the establishment itself, should be 100' away; therefore, the clarification of the Ordinance states that the bay of the restaurant cannot be closer than 100'. Mayor Falck opened and closed the public hearing with no response. V/M Massaro MOVED this Item be TABLED to the next regular meeting so that the City Attorney will have an opportunity to strike the language that should be stricken. SECONDED by C/M Krantz. C/M Stelzer said this definition should also include carry out food restaurants and Mr. Rubin said he would check into this. V/M Massaro changed her MOTION to state that Temp. Ord. #1067 be APPROVED on first reading with the understanding that the City Attorney will strike the old language. C/M Krantz as the SECOND, agreed to this change. VOTE: ALL VOTED AYE 33 - 12/14/83 /pm 41. Temporary Model, Sales and Administrative Uses - Temp. Ord. #1068 - Discussion and possible action to amend Section 28- 216 of the Code to include specific requirements for per- mitting the construction of temporary commercial enterprises located in commercially zoned parcels of land. First Reading. SYNOPSIS OF ACTION: Public Hearing was held and this was APPROVED on first reading. Mr. Henning read the Ordinance by title and V/M Massaro said this was written to allow a temporary structure in commercial areas. Mr. Henning said this gives a parallel provision to residential temporary structures. Mayor Falck opened and closed the public hearing with no response. V/M Massaro MOVED APPROVAL of Temp. Ord. #1068 on first reading, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 42. Bikeways - Temp_._ Ord. #1069 - Discussion and possible action to amend Chapter 23 of the Code by adding a new Section 23-29 titled "Bikeway Requirements". First Reading. SYNOPSIS OF ACTION: Public Hearing was held and this was APPROVED on first reading. The City Attorney is to give Council an opinion regarding maintenance. Mr. Henning read the Ordinance by title and Mayor Falck openedland closed the public hearing with no response. C/M Stelzer asked who would have the responsibility for repair of the bikeways and Mr. Henning said it is up to the Council to establish the responsibility by Ordinance if they want the abutting property owner to be responsible, otherwise, if it is on the public right-of-way and is installed by the property owner as a requirement to the development, the Ordinance should also provide that they are responsible for the maintenance. V/M Massaro said there was an incident involving a sidewalk accident in Bermuda Club and their insurance had to pay, not the City. C/M Kravitz MOVED to APPROVE Temp. _Ord. #1069 on first reading and the City Attorney was instructed to research this and give Council an opinion of his observations. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 47. Probation Period of Chief Building Official and Public Works Director - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. APPROVED permanent status of employment for Chief Building Official and Public Works Director as requested by the City Manager. City Manager Stuurmans said every employee is reviewed after a period of 6 months and if they are satisfactory, they are given permanent status. She said she has recently had the opportunity to review Sam Stevens, who has been with the City for 8 months and Greg Turek, who has been with the City for 7 months and she feels they have made a significant contribution to the City. She said she would like to lift the requirement of one year's probation that she placed at the time of their hiring. She said the basis of her request at that time was predicated on past treatment of Chief McIntosh when he came to the City. She said he came in June, 1980 but was reviewed in December, 1980 and at that time he was given permanent status. V/M Massaro MOVED to Agendize this matter by Consent, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE - 34 - 12/14/83 /pm V/M Massaro commended both Mr. Stevens and Mr. Turek and she MOVED that they be put on a permanent status immediately, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 36. City Council Reports - None 37. Cit Mana er Report - None 38. Cites Attorney Report Mr. Henning said the Ticon property next to City Hall had a Court order finding for the City and he will report to Council on this. THE MEETING WAS ADJOURNED AT 5:45 P.M. ATTEST: ASSISTANT CITY CLERK t MA OR CITY OF TAMARAC APPR AT MiEETING OF City Clerk This public document was promulgated at a cost of $ or per copy, to inform the general public and public officers and employees about recent opinions and considerations by the City Council of the City of Tamarac. - 35 - 12/14/83 /pm