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HomeMy WebLinkAbout1984-04-12 - City Commission Reconvened Regular Meeting Minutes581 1 N 0 Rl H W E ST 881 1 A V F N lJ E N,1 ;,�, I � P,, G, w 1 0 R I D A 3 33 2 1 NIA I i R 011 'Y r0' P() 8(1)Ix 1501 () April 11, 1984 TAMM,W_ J3320 NOTICE OF REOONVENED CITY COUNCIL MEETTNG There will be a Reconvened City Council Meeting on Thursday, April 12, 1984, at 9:30 A.M. in the Council Chambers at City Hall, 5811 N. W. 88th Avenue, Tamarac, Florida. The Item remaining on the Agenda of April 11, 1984 are to be considered, The Public is invited to attend. Ca7oA. moans Assistant City Clerk /lc Pursuant tOSP"",'Icv j)Y 41e city ITOWO�A Or iheanrg� rw WW �01 ilk, %' "rWM�nv 10110 toqr*-Icor] 1".)o I Wi7". YA w. CITY {1.F 'T'AMARAC: , FLORIDA RECONVENED D CITY COUNCIL MEETING April 1. 2, 1984 (from 4/1 l./84 ) Tape CALL TO ORDER Mayor Kravitz called the meeting to at. 1. 9.,,.3°0 A.M. c;-n "1hursdciy, April. 1.2, 1984 in the Council Chambers. ROLL CALL: PRESENT: Mayer Philip S. Kravitz Vice Mayor Sydney M. Stein Councilman J' a.ck: Stelzer Counc .a_lman Raymond J. Munit.z Counc...i..l.man John J. Dunne ALSO PRESENT: Laura l . St:uurmans, City Manager Jon M. Henning, City Attorney Carol. A. Evans, Assistant City Clerk Patricia Marcurio, Secretary Mayor Kravitz called for a Moment: of' Silence fol l owe",�d by the Pledge of Allegiance. COMMUNITY DEVELOPMENT 48. Three. lakes Plaza - Rovised Site. Plan - Tamp. Reso. #3041 - - w... ...�....... Disc�; s si on and possible action on a re�T.i sed site plan for re°v"isioxa3 ti.+ tlav`°,- 2: a..kwi.i lot", d +--obl rc i {",... ,.,* `T !28 f8 SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-84- e PASSED. subject to all driveway widths being 30-feat,. V ✓M Stein read the Resolution by title",, and Mr. Rubin said this was on Counci.l..'s aclonda on 3/28/84 and at that time the applicant requested widening the intersections and creating easier traffic control. lie said at the Council meeting it was discovered that one of the driveways appeared not to comply with Code and this was tabled for the City Engineer to review it. lie said after reviewinc this, it was discovered there was a need to widen the driveways from 25 to 30 feet to comply with Cade and this was done in two different instances can Commercial, Blvd. Lie said can 31 Ave. there appears to be one or two entrances that are still 25-.feet wide and he would suggest that al.l. driveways be 30--feet wide in order to be approved. V M � - i _..0..4... subjects too all Stein ��C�v�"[� Al•Cii,'AT., ref" Iom"�. rye"",sc�. #30�1 driveway width: bring increased to 30-feet. SF1,C ONDED by C/M Dunne:. VOTE: LEGAL, AFF'AT'RS AIA", VOTED AYE 3 s � i,. W Q- - n y (,amth .s de_�.,� 1�....�. a- ��1 �a �� t: _e Boulevard) � Discussion and possible action on: la) Tlev lope.rs Agreement SYNOPSIS OF' ACTION: Reconsidered (See pages 3 & 4.) C/M Stelzer MOVED to Reconsider Item 32 b) from the 4/11/84 Council agenda, SECONDED by C/M Dunne. VOTE: ALL VOTED AYE I 4/1.2/84 % Ism COMMUNITY DEV13LO.PMENT 51 . Lak as.a.c_..".._�..._T - s . Site Plan - Temp. Reso. #3088 - Discuss.ican and aossi.blt:. action on _—...._ _�._.lc. at Tamarac ltc.vi,�rc possible revised site plan f a r a fence can the south Property l i.n(:— SYNOPS:I: S OF ACTION- ( See Page 15). i;ield for later in the day. Richard Rubin said his me rno of 4/5/84 tried to clarify the purpose of the fence and that is to 1-,)r.)v.. de safety and security. He :ii'.l.id the: Orclinance requires that a revised site flan be submitted in order to et-ect: a fence and lice recommends approval. Mr. Il¢wnn:i n read the by title, however, the comlale�t.ed Resolution has not been reviewed by Council and Mayor Kravitz sugq. ',;seed holding the vr_ate until. this was received. 52. Wood ont Tracts 74/75 - Revised Sit(., Plan - Temp. Reso. 3090 - Discussion and possible action on Revised. Sitwc� Plaa.n. #2 re lflectinq as -built Recreation Building setbacks. SYNOPSIS —OF ACTION TABLED (See e Page 1. 4) . Mr. Denning read the Resolution by title and C:/M Stelzer said therf are several fees due on this and Mayor Kravitz read into the record the Metal, of $1 , 295. 17 in Guaranteed Revenues that are past due. Cw/M Stelzer MOVED to TABLE this item until the monies axe paid, SECONDED by C/M Dunne. VOTE: ALL, VOTED AYE .a.1. Ambassador aassaccar Savings _Revised Site Plan - Temp. RE -so. ,caa�a._. Discussion and possible action on a revised, site clan reflecting a septic tank for a temporary trailer. SYNOPSIS subject f role t.her. issuing OF ACTION: APPROVED to the proper authority Department of Health the perT[lits . RESC)T.'.,1JTION NO. R-84-.....(.lj .._.PASSED. Mr. ll nn:i.nq read the Resolution by title and Mr. Rubin said this application accompanies the approval. Council grunted a fe w weeks ago to allow Ambassador Savings and Loan to Construct a temporary trailer for their administration and sales for the bank for Ca period not to exceed one year. He said while they worry constructing the trailer, they discovered that the distance of this tr-aitctr: t:.o the existincl sewer lines is so great that the:. City would not allow them to put in the permaManent sower facility. He said the appl is< -:ant was, therefore, forced into obtaining a permit for a septic tank: to serve this trailer for that one year period. Tic said normally this can be done administratively, but since the original site plan showed that it will be tied up with water and sewer, the City requires that all changes come before the Council. Mr. Rubin said he would recommend that septic tanks be permitted provided they obtain the necessary Health Department permi-ts. V/fit Stein MOVED APPROVAL of Temp. Reso . # 3 n 8 9 , SECONDED by C /M Mun itz . C/M Stelzer uestione-d whether they have received the necessary permits from the Department of Health and Mr. Rubin said it should be pant in the motion as a condition of a1a12r oval . Both the maker of they MOTION and the SECOND approved the amendnre��nt. Dr. Bernard. Newman, resident, said as a Sanitary Fngineear he objects 'to another septic being installed since a chemical. toilet: could be used instead. Vickie Beech, resident., asked if these items ment:i.oned by the City Planner have been brought before the Planning Commission first. - 2 - 4/1.2/84 /pill Mr. Rubin said Chapter 7 of the Code states that whenever a site plan is revised, it must go through the Council and Planning Commission with one exception. He said when the size of the building or increasing or changing the circulation in the parking lot is not involved, it only needs to go to the City Council. He said a septic tank underground does not need Planning Commission review. C/M Munitz asked Mr. Rubin for his opinion on Dr. Newman's objection to this and Mr. Rubin said he could only give his opinion. Mr. Henning said this is only for a temporary use for approximately 6 months and the purpose of the amendment to the Motion that it be approved by the Department of Health was so that those experts can determine that it meets the standards for the County. VOTE: ALL VOTED AYE 54. Woodlands Section 5 - Revised Site Plan - Temp. Reso. #309I - Discussion and possible action on a revised site plan for a screened porch enclosure at the Clubhouse. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-84-Z 5PASSED. Mr. Henning read the Resolution by title and Mr. Rubin said staff recommends approval. V/M Stein MOVED APPROVAL of Temp. Reso. #3091, SECONDED by C/M Dunne. VOTE: ALL VOTED AYE 55. Adult Congregate Living Facilities - Discussion and possible action to authorize the Consultant City Planner to initiate the appropriate Land Use Amendments and zoning ordinances to permit these facilities to be located in the City. SYNOPSIS OF ACTION: TABLED to the 4/25/84 meeting at the request of the City Planner. Mayor Kravitz said he had a request from the City Planner to TABLE this item until the next regular meeting and C/M Dunne so MOVED, SECONDED by C/M Munitz. VOTE: LEGAL AFFAIRS 32. Florida Power & Light C Boulevard) - Discussion b) Developers Agreement SYNOPSIS OF ACTION: Reconsidered previous approval with discussion and no further action taken. (See ALL VOTED AYE mpany (north side of Southgate and possible action on: also Page 1) C/M Stelzer said when this item was discussed at yesterday's meeting, it was reduced to 34 dwelling units and he questioned who removed the requirement of a $2,000 fee. Mr. Henning said he removed this from the agreement because whenever t ere is a rezoning there is a question as to whether or not there is adequate density to cover the dwelling units requested. He said when a designation goes from commercial to residential or agricultural to residential, there are no dwelling units on the property to accommodate it. He said there are units in the area which are transferred to the extent of the density of the zoning. He said there should be no charge for that and -the --- excess units concern the -flexibility zones --which are 20% in excess of the zoning. - 3 - 4/12/84 /pm j Mr. Henning said the question is irrelevant since they have agreed to 34 units for 4 acres. He said FP&L will address this and, hopefully, they will consider some other contributions in the future in light of this windfall. He said the City will only be receiving $114,000 for the property and all other fees for building, impact, rec and others that are in the present Ordinances when this land is developed. Mr. Henning said FP&L has agreed to place a covenant on the land which stated that they will abide by the current City Code as it may be amended from time to time, not the court orders. He said no further motion is necessary. BOARDS AND COMMITTEES 5. Redistricting Committee -- Discussion and possible action on: a) Initiating the redistricting procedure as outlined by Amendment #3 to the Charter which passed at the March 13, 1984 election. Announcement of vacancies on the Redis- tricting Committee. b) Announcement of a Special Meeting of the City Council on Wednesday, April 18, 1984, at 9:30 A.M., for the City Council appointment of four (4) members to the Redis- tricting Committee. SYNOPSIS OF ACTION: a) Announcement of vacancies on this Committee was made. b) Announcement of the Special Meeting was made. a) Mayor Kravitz announced that there were vacancies on the Redis- tricting Committee and stated that Council will appoint ore member from each Council District to this Committee. He noted that all interested persons should make application to the City Clerk's office on or before 12:00 P.M. 4/17/84. He said the Charter Board will also be appointing one member from each District. b) Mayor Kravitz announced a Special Meeting of Council to be held on Wednesday, 4/18/84 at 9:30 A.M. for Council appointment of four members to the Redistricting Committee. 14. Board and Committee Member Absenteeism - Tem . Discussion and possible action to the Code pertaining to absenteeism committee members. First Reading. SYNOPSIS OF ACTION: APPROVED on first reading. amend Section of appointed Ord. #1095 - 2-11.2 of board and Mr. Henning read the Ordinance by title. C/M Munitz said he introduced this Ordinance to fulfill a campaign pledge that he made to review this matter. He said he was happy to see it agendized for discussion in order to have the opinion of the other members of Council. He said this Ordinance follows the outline of the recently passed amendment to the Charter which concerns elected officials. He said several Board and Committee Chairpeople have expressed concern over the absenteeism and the problem is mainly with those members who go away for the summer Tape months. C/M Stelzer said he feels that anyone who is a snowbird 2 should not serve on a committee. Florence Bochenek said this should be reviewed carefully because there are many people who are valuable to the Committee and they would hate to lose them because they do take summer vacations. She said as long as they are sure that some of the members are available all year long they can have some members who are excused for the summer. Melanie Reynolds, Charter Board member, said under the Constitu- tion it states that "a vacancy in office shall occur upon the unexplained absence for 60 consecutive days". She said this is from the Florida State Constitution. - 4 - 4/12/84 /pm C/M Munitz said this Ordinance does not relate to elected officials but only to appointed members of boards and committees. John Lachmann, resident, asked for the reading of the complete Ordin- ance to determine if it is identical to the recent Amendment which was passed. Mr. Henning said it is identical except that the number is different, the Charter stated 75 and applied only to elected officials, and this Ordinance states 60 days and applies to appointed committee members. Vickie Beech, resident, said this is a question that should be addressed at the time an application is made to a committee. C/M Munitz MOVED APPROVAL of Temp. Ord. #1095 on first reading, SECONDED by V/M Stein. VOTE: LEGAL AFFAIRS ALL VOTED AYE 33. American Cablesystems - Temp. Ord. #1110 - Discussion and possible action to amend the rates charged by this company for cable television service. First Reading. SYNOPSIS OF ACTION: APPROVED on first reading. Mayor Kravitz said this was held for receipt of the Ordinance and there has been much discussion on this at a Workshop Meeting. V/M Stein MOVED APPROVAL of Temp. Ord. #1110 on first reading, SECONDED by C/M Stelzer. Mr. Henning said there was a great amount of discussion concerning the wireless cable selector, but they did not present what the subsequent charges would be. He said he added the discount rate of 5.14 which should be underlined on the Page 2. VOTE: ALL VOTED AYE CONSENT AGENDA 15. Consent Agenda a) Minutes of 3/14/84 - Regular Meeting - Approval recommended by City Clerk. b) Minutes of 3/20/84 - Special Meeting - Approval recommended by City Clerk. c) Alan F. Ruf - Consulting City Attorney - 4/6/84 - $1,860.00 - Approval recommended by City Attorney. d) Richard S. Rubin - Consultant City Planner - Services for March, 1984 - $2,722.50 - Approval recommended by City Manager. e) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 3/19/84 - Project 2074-0, Statement 4 - $315.22 - Approval recommended by Finance Department. f) The Investment Counsel Company - Services regarding Bond Issue for the period of 1/16/84 through 3/31/84 - $2,049.18 - Approval recommended by Finance Department. g) Establishment of Workers' Compensation First Aid Claims Fund - 1) Approval that $12,000.00 from line item account 001-872- 581-901 of the budget named Contingency be transferred to line item account 001-872-581-947 named Transfer to First Aid Claims Fund. 2) Approval that $12,000.00 from line item account 001-872- 581-947 of the budget named Transfer to First Aid Claims Fund be transferred to line item account 640-399-001 named Transfer from General Fund. h) Authorization to allow the City Manager to go to bid for the installation of all or a portion of sidewalk on the north side of Southgate Boulevard from 88 Avenue to University Drive. SYNOPSIS OF ACTION: APPROVED Items a) and b) and d) through h). Item c) REMOVED for discussion and then APPROVED. - 5 - 4/12/84 /pm V/M Stein MOVED to remove Item c), SECONDED by C/M Munitz. VOTE: ALL VOTED AYE C/M Stelzer MOVED to APPROVE Items a) and b) and d) through h), SECONDED by V/M Stein. VOTE: ALL VOTED AYE Melanie Reynolds, Charter Board member, said she would like to know what the project is when a bill is submitted by Williams, Hatfield & Stoner. c) V/M Stein said realizing the City Attorney's vast workload and the fact that he has hired two assistants, and he has proposed the appointing of a legal committee to assist the City Attorney, before any monies are expended for Consulting Attorneys, it should be brought to the attention of the Council. C/M Munitz asked Mr. Henning how Mr. Ruf is assigned work for the City and Mr. Henning said everything he is assigned to is done so through the City Attorney's office. Mr. Henning said in regard to assistants, Larry Leeds is a law student with Nova University Law School and also has experience as the City Planner of the City of Lauderhill. He also introduced David Feldheim who is another law student from Nova University Law School. He said both have been assisting him on a part time basis and have been a great deal of help. C/M Stelzer MOVED to pay Alan Ruf this bill dated 4/6/84, SECONDED by C/M Munitz. Melanie Reynolds, Charter Board member, suggested the monthly litigation report be instituted again and she said she resents the City paying for other members of Alan Ruf's firm. VOTE: ALL VOTED AYE COMMUNITY DEVELOPMENT 58. Drainage Improvements in the City - Discussion and possible action. SYNOPSIS OF ACTION: The City Engineer will check the area of 57 St. and 84 Terr. for flooding problems. C/M Munitz said when Swanson West was approved, which is between 57 St. and Commercial Blvd., east of 84 Terr., he raised the point that there was a serious flooding problem at the northeast corner of this area. He said the other day there was serious flooding at the northwest corner of this location. Mayor Kravitz said the City Engineer will make a note of this and look into it and he was pleased to note that most of the City is improved as far as drainage in comparison with other cities in the area. GENERAL ADMINISTRATIVE/FINANCTAL 17. Utilities West - Spray Irrigation Program - Temp. Reso. #3082 - Discussion and possible action to accept hold harmless agree- ments for test wells from: a) Colony West Championship Course b) Woodlands Section 7 Association, Inc. c) Woodlands Golf Association SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-84-�42PASSED. City Attorney Henning read the Resolution by title and the City Engineer said this is work involved with the spray irrigation program. He said in applying for variances through the Environmental Quality Control Board, they are taking water quality data at various locations around the golf courses. - 6 - 4/12/84 /pm The City Engineer said in order to get water quality data, they have to install monitoring wells which would be 1-1/2" or 2" diameter wells, with one being 5' to 10' deep and the other being approximately 25' deep in 3 locations. He said they have approached Woodlands Golf Course, Woodlands Section Seven Associates, and Colony West Golf Course for installation of these wells and they have asked the City for a hold harmless from anything resulting from these operations. He said he recommends approving this and the City Attorney concurred. C/M Stelzer MOVED APPROVAL of Temp. Reso. #3082, SECONDED by C/M Munitz. Harold Newman, resident, asked if this is the only system that the City is going to investigate. The City Engineer said the City is convinced that the spray irrigation program is the only grant eligible program available to the City at this time. He said if that program, in fact, qualifies for a grant it will be by far the least expensive for the City, however, if the grants are not received for the project, the City is looking at other potentials that could save money for the City. He said by the end of this month the DER should publish their preliminary grant priority list which will give an idea of whether the City will receive grants. Mr. Henning said if the Department of Environmental Regulations does not feel this program is environmentally safe, they will not give a grant. VOTE: ALL VOTED AYE Tape 20. Recreation Department Activities - Temp. Reso. #3061 - Dis- 3 cussion and possible action to authorize execution of a lease agreement to use the facilities at Lake Colony for Recreation Department activities (tabled from 3/28/84). SYNOPSIS OF ACTION: TABLED to the 4/25/84 meeting. Mr. Henning read the Resolution by title and V/M Stein MOVED to TABLE this item to the 4/25/84 meeting, SECONDED by C/M Dunne. VOTE: raeM•IL•IMDI.IffsvAD 21. Bank Signature Authority - Temp. Reso. #3077 - Discussion and possible action to designate City officials authorized to sign checks. SYNOPSIS OF ACTION: APPROVED as RESOLUTION NO. R-84-Zp PASSED. amended designating C/M Munitz as the alternate signature authorized to sign checks. Mr. Henning read the Resolution by title and said in Section 1, a second alternate is needed but it would be as the City Manager signs and if she is unavailable, her designee signs. He said also in Section 1, the Mayor signs and in his absence, the Vice Mayor signs and in the absence of the Vice Mayor there is a provision which has been done in the past for a Council member to be a second alternate. V/M Stein MOVED that C/M Raymond J. Munitz be the alternate signature, SECONDED by C/M Dunne. VOTE: ALL VOTED AYE V/1T- Stein MOVED APPROVA-L of Temp. Reso. #3077, SECONDED by C/M Munitz. VOTE: ALL VOTED AYE - 7 - 4/12/84 /pm L II 18. 201 Plan -- Temp. Reso. #3081 - Discussion and possible action to authorize the City Manager or designee to represent the City--at_-_the.2.L1_.No_rth_.RRegi.nnal Advisory. -._Board. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-84-Z0PASSED. Mr. Henning read the Resolution by title and said this Advisory Board consists of representatives from various cities from the County that are serviced by the North Regional Wastewater Plant on Copans Rd. and Powerline Rd. He said the City Manager has been working very closely with the 201 Program for the past several months and she has asked that she be appointed as the representative of the City and she will appoint-.adesignee. C/M Munitz MOVED to authorize the City Manager or her designee to represent the City at the 201 North Regional Advisory Board. SECONDED by C/M Dunne. VOTE: LEGAL AFFAIRS 34. Woodmont cussion City of amending ALL VOTED AYE Median Maintenance - Temp. Reso. #3083 - Dis- and possible action to authorize maintenance by certain public landscaped medians in Woodmont by an earlier agreement. SYNOPSIS OF ACTION: APPROVED. the RESOLUTION NO. R-84-/0,9 PASSED. Mr. Henning read the Resolution by title and C/M Stelzer said he spoke to the City Engineer concerning this and he said that the maintenance of those medians is not too involved for the City. C/M Stelzer MOVED APPROVAL of Temp. Reso. #3083, SECONDED by V/M Stein. Harold Newman, resident, asked if the original agreement had a stipulation that eventually the City would assume the maintenance of the medians. V/M Stein said the original agreement was drawn because the developers were not satisfied with the type of main- tenance that the City would do. He said the people of Woodmont are now buying the Club and they were unaware of this agreement until the papers came out. He said they are also granting ease- ment to the City for the wastewater situation as part of this entire package. He said this agreement would include a diagram of which medians are involved. He asked if the City has any idea what the cost might be and Mr. Henning said this was done by Greg Turek of the Public Works Dept. since they will be doing the work. Vickie Beech, resident, asked if all of these medians are dedicated and V/M Stein said yes. VOTE: ALL VOTED AYE 35. City Council Expenses - Temp possible action to establish amendment to Charter Section of Mayor and Council SYNOPSIS OF ACTION: The City Attorney was authorized to prepare an Ordinance to establish a referendum. Ord. ----- ._�._� _ Discussion and a referendum proposing an 4.04 "Compensation and Expenses Mr. Henning said this will have to be an Ordinance and the Temp. Reso. #3086 will have to be stricken and the agenda will have to be corrected. He said the Mayor receives $3,000 per year for expenses and Council members receive $2,000 per year for expenses. He said this is reimbursement for vouchers and statements that are submitted. He said this causes a great deal of work on the City's part and, although the dollars are identical, the procedure would be divided by 12 and a check would be cut each month. - 8 - 4/12/84 /pm Mr. Henning read the ballot question: "Shall the City Charter be amended to provide that, Mayor and other Council members shall receive an expense allowance for mileage and other City business expenses in equal monthly payments totalling $3,000 per year for Mayor and $2,000 per year for other Council members. The Mayor and other City Council members are already entitled to these amounts but must submit vouchers itemizing the expenses. This would amend Section 4.04 of the City Charter. Are you in favor of this amendment? Yes or No." Mr. Henning said there are 3 elections coming up in the next few months, the first Primary Election in September, the second Primary in October and a General Election in November. He said he would suggest either September or November as having the best turnout. He said all three of these are County -wide elections which will be of minimal cost to the City. Mayor Kravitz suggested that based on this temporary Ordinance, each Council person should submit to the City Attorney a date when they would prefer to have this on the ballot. C/M Stelzer said he would like an amendment stipulating that Council is "limited" to an amount, not "entitled" to an amount. He said if these amounts are not used at the present time, Council does not get them, however, with this amendment, if Council does not use the amount, they will get them anyway. He said this is the same as getting an increase and the people should know about this. Vickie Beech, resident, asked who pro- posed this amendment and Mayor Kravitz said the City Manager, the Finance Director, the City Attorney and the City's auditor. Mayor Kravitz said the City Attorney is directed to work on an Ordinance based on the replies he receives from Council members. 9. Commissioner of Human Relations - Temp. Reso. #3078 - Dis- cussion and possible action to appoint a Commissioner. SYNOPSIS OF ACTION: (See Below). V/M Stein said since C/M Munitz and Stelzer have requested this item be taken at this time. Mayor Kravitz said it is the Mayor's prerogative to take the items in the order he sees fit. Mr..iiennxng said legally he has the right to do this, however, when Council members in majority make a request, the Mayor is obliged to concur. 36. Armor Piercing Ammunition - Temp._Ord. #1096 - Discussion and possible action to repeal Section 17-16 of the Code entitled "Possession of KTW Bullets as required by State Statute. First Reading. SYNOPSIS OF ACTION: TABLED (See Page 10). Mr. Henning read the Ordinance by title and said this is a house- keeping type of amendment and does not change the substance of the law. C/M btelzer MOVED to I'ABLE this item,.SECONDED by V/M Stein. VOTE: ALL VOTED AYE Mayor Kravitz called a 5 minute recess to consult with the City Attorney. 9. Commissioner of Human Relations Temp. Reso. #3078 - Dis- cussion and possible action to appoint a Commissioner. SYNOPSIS OF ACTION: TABLED to the next regular meeting for an Ordinance being drafted allowing the appointment of 2 Commissioners. V/M Stein MOVED that a new Ordinance be drawn to proviuo for Commissioners and that this Resolution be TABLED until the Ordinance is brought to Council, SECONDED by C/M Munitz. Mayor Kravitz added that this will be discussed at the next regular meeting and V/M Stein and C/M Munitz agreed. C/M Stelzer said Temp. Reso. #3078 is written incorrectly. VOTE: ALL VOTED AYE -- 9 - 4/12/84 /pm LEGAL AFFAIRS 36. Armor Piercing Ammunition - Temp. Ord. #1096 - Discussion and possible action to repeal Section 17-16 of the Code entitled "Possession of KTW Bullets" as required by State Statute. First Reading. SYNOPSIS OF ACTION: (See Page 9) TABLED, reconsidered and then APPROVED on first reading. V/M Stein MOVED to reconsider Item 36, SECONDED by C/M Dunne. VOTE: ALL VOTED AYE C/M Stelzer MOVED to APPROVE Temp. Ord. #1096 on first reading, SECONDED by C/M Munitz. 1iloys09 ALL VOTED AYE 37. All Service Refuse Co. - Commercial Garbage Collection Franchise - Temp. Ord. #1104 - Discussion and possible action to renew this franchise for one year. First Reading. SYNOPSIS OF ACTION: APPROVED on first reading. Mr. Henning read the Ordinance by title and V/M Stein MOVED APPROVAL of Temp. Ord. #1104 on first reading, SECONDED by C/M Dunne. VOTE: ALL VOTED AYE 38. Browning Ferris Industries of Florida, Inc. - Commercial Garbage Collection Franchise - Temp. Ord. #1105 - Dis- cussion and possible action to renew this franchise for one year. First Reading. SYNOPSIS OF ACTION: APPROVED on first reading. Mr. Henning read the Ordinance by title and V/M Stein MOVED APPROVAL of Temp. Ord. #1105 on first reading, SECONDED by C/M Munitz. mm� VOTE: ALL VOTED AYE 39. County Waste, Inc. - Commercial Garbage Collection Franchise_ - Temp. Ord. #1107 - Discussion and possible action to renew this franchise for one year. First Reading. SYNOPSIS OF ACTION: APPROVED on first reading. Mr. Henning read the Ordinance by title and C/M Munitz MOVED APPROVAL of Temp. Ord. #1107 on first reading, SECONDED by C/M Dunne. The City Manager said on this franchise, there is a requirement that they post a cash bond equivalent to 3 months of their franchise fees to the City. She said currently County Waste is submitting franchise fees in the amount of $2,850 and they have a cash bond with the City of $2,700. She said since the difference is so small, the City would be comfortable with a $2,700 cash bond. C/M Munitz said he would amend his MOTION to include the payment of the additional amount before the next reading. The SECOND concurred. VOTE: ALL VOTED AYE =110 7 4/12/84 /pm 40. Industrial Waste Services, Inc. - Commercial Garbage Collection Franchise - Temp. Ord. #1106 - Discussion and possible action to renew this franchise for one year. First Reading. SYNOPSIS OF ACTION: APPROVED on first reading. Mr. Henning read the Ordinance by title and C/M Dunne MOVED APPROVAL of Temp. Ord. #1106 on first reading, SECONDED by C/M Munitz. VOTE: I.jaM1Fjfj0 0hi.A%ld0 41. Ronkoma Corporation - Commercial Garbage Collection Fran- chise - Temp. Ord. #1108 - Discussion and possible action to renew this franchise for one year. First Reading. SYNOPSIS OF ACTION: APPROVED on first reading. Mr. Henning read the Ordinance by title and C/M Munitz MOVED the APPROVAL of Temp. Ord._#1108 on first reading, SECONDED by C/M Dunne. VOTE: ALL VOTED AYE 42. Southern Sanitation Service - Franchise - Temp. Ord. #1109 - action to renew this franchise Reading. SYNOPSIS OF ACTION: APPROVED on first reading. Commercial Garbage Collection Discussion and possible for one year. First Mr. Henning read the Ordinance by title and C/M Dunne MOVED APPROVAL of Temp. Ord. #1109 on first reading, SECONDED by C/M Munitz. VOTE: ALL VOTED AYE COMMUNITY DEVELOPMENT Tape 43. Southgate Gardens East/Mission Lakes - Discussion and pos- 4 sible action on payments in connection with the Water and Sewer Developers Agreement (tabled from 3/28/84). SYNOPSIS OF ACTION: Mayor Kravitz and the City Attorney will meet with Gene Toll and report to Council by the next regular Council meeting regarding arrears in connection with the Water & Sewer Developers Agreement. C/M Munitz said there is $166,087.40 due on this and he refuses to consider any item that has any amount of money due of this amount. V/M Stein said if nothing is done on this, the developer is being granted an extension, which is what he wants. Mr. Henning said Mr. Tralins, attorney for the developer, wanted to be present on this item and was unable to be present since he was in court. Mr. Henning said this is not the present form of the Water and Sewer Agreement that is being used today. He said today, under the Water and Sewer Agreement, overdue pay- ments could be handled by a lien on the property, assessment of interest on the overdue charges and they are more stringent than previously when these contracts were entered into. 4/12/84 /pm l Mr. Henning said he had a tentative agreement with Mr. Toll that he would pay interest on these guaranteed revenues at the rate of 14% from 3/28/84, which was the last meeting. He said that has not been confirmed since Mr. Tralins was here and Mr. Toll was not present today. He suggested Council authorize that Mayor Kravitz and he meet with Mr. Toll to determine his position on this. Mr. Henning said as far as extracting these dollars, the Water and Sewer Agreement does not provide for that except that the City would keep everything that was paid to the City as liquidated damages and unless there was a note or some other agreement signed by Mr. Toll. Mayor Kravitz said he received a telephone call from Mr. Toll this morning scheduling an appointment for Monday, 4/16/84 with the City Attorney, he and Mr. Toll. V/M Stein MOVED that Mayor Kravitz and the City Attorney meet with Mr. Toll and report to Council by the next regular meeting regarding arrears in connection with the Water and Sewer Agreement, SECONDED by C/M Dunne. VOTE: ALL VOTED AYE 44. Woodmont Tracts 68/77 - Cypress at Woodmont - Discussion and possible action concerning the conditions regarding approval of model sales permit renewal on 11/9/83 (tabled from 3/28/84). SYNOPSIS OF ACTION: Mayor Kravitz and the City Attorney will meet with Mr. Toll and report to Council by the next regular meeting regarding arrears in connection with the Water & Sewer Developers Agreement. V/M Stein MOVED that this item be TABLED to the next regular meeting subject to Mayor Kravitz and the City Attorney having their discussion with Mr. Toll, SECONDED by C/M Munitz. VOTE: ALL VOTED AYE 45. Woodview Tract 38 - Model Sales Facility - Discussion and possible action to renew a model sales permit (tabled from 2/22/84). SYNOPSIS OF ACTION: Mayor Kravitz and the City Attorney will meet with the developer and if he does not appear before Council, he will be in default regarding the Water & Sewer Agreement. Mr. Henning said Mr. Grossman is the developer and he contends that there is approximately $122,000 due on connection charges and, although he agrees that this amount is due, he disputes the increase of $1,000 to $1,530. Mr. Henning said Mr. Grossman is prepared to pay $1,000 per unit which totals approximately $80,000 instead of the $122,000 amount and he would like to address the Council on his position. Mr. Henning said he tried to explain to Mr. Grossman that his agreement states that the prevailing rates, as they may be increased, will still apply if he does not pay the connection charge. Mr. Henning said he told Mr. Grossman that he has an obligation to get back to the City and he should be directed to appear at the next Council meeting. He said Mayor Kravitz and he could meet with Mr. Grossman before the next meeting if Council wishes. Mr. Henning said he suggested to Mr. Grossman that he pay --the $5,000 guaranteed revenues as a show of good faith, however, Mr. Grossman does not want -to pay anything until this is worked out further. - 12 - 4/12/84 /Pm L � M V/M Stein MOVED that this be held for the next regular meeting with the understanding that the Mayor and the City Attorney will meet with Mr. Grossman concerning this, however, if he does not appear before Council, he will be in default. SECONDED by C/M Munitz. VOTE: ALL VOTED AYE 46. Tamarac Town Square - Revised Site Plan - Temp. Reso. #3037 - Discussion and possible action on a revised site plan for revisions to outparcel (tabled from 3/14/84). SYNOPSIS OF ACTION: TABLED at the request of the City Planner. Mayor Kravitz noted that there is a balance due the City and it has been requested by the City Planner that this item be tabled. C/M Dunne MOVED to TABLE, SECONDED by C/M Munitz. VOTE: ALL VOTED AYE 47. Lakes of Carriage Hills - Revised Site Plan -- Discussion and possible action on review of parking shown on plan approved on 3/1/84 (tabled from 3/28/84). SYNOPSIS OF ACTION: TABLED at the request of the City Planner. Mayor Kravitz noted that there is a balance due the City and it has been requested by the City Planner that this item be tabled. V/M Stein MOVED to TABLE, SECONDED by C/M Munitz. VOTE: ALL VOTED AYE 49. Versailles Gardens - Model Sales Facility - Discussion and possible action to renew a model sales permit. SYNOPSIS OF ACTION: APPROVED for 6 months and to expire on 10/22/84. C/M Stelzer MOVED APPROVAL of the renewal of the model sales permit for 6 months to expire on 10/22/84, SECONDED by C/M Munitz. VOTE: ALL VOTED AYE 50. Beverly Hills Cafe V - Sign Waiver - Temp. Reso. #3087 Discussion and possible action to waive the provisions the sign ordinance pertaining to size and color of a permanent wall sign at Commercial Gardens Mall, 7061 W. Commercial Boulevard. SYNOPSIS OF ACTION: APPROVED. 119 RESOLUTION NO. R---84-�/%% PASSED. Mr. Henning read the Resolution by title and Florence Bochenek, Chairman of the Beautification Committee, said the name of the Plaza is no longer Commercial but is called "The Gardens" and, in the change of ownership of "The Gardens", the new owner changed the ground sign to one with a picture of the gardens done in a green coloring. She said the rest of the sign is in the Plaza and is gold, however, since this was a ground sign, the Beautification Committee felt it would be acceptable. She said when Beverly Hills Cafe V came in they had a problem since they built the new annex at the other end of the Plaza. She said there is a large wall there and they have a logo -type lettering and coloring which they wanted to use, however, the Beautification Committee convinced them that if they went along with the green color, which would be the same as the ground sign of The Gardens, it would look attractive and would be acceptable. - 13 - 4/12/84 /pm j` 7 W Mrs. Bochenek said there was also a question of size, since it was larger than is normally allowed in the sign ordinance. She said they have a large wall there which faces Commercial Blvd. and the Committee felt that the size of the sign proposed would be very attractive on that wall. She said the entire Committee has recommended approval of the sign as presented. V/M Stein MOVED APPROVAL of Temp. Reso. #3087, SECONDED by C /M Munitz. C/M Stelzer questioned whether the illumination of the sign was overhead and Mrs. Bochenek said she was uncertain. Mr. Henning said the waiver is for the color which is an off-white with yellow lettering and oversize. Mr. Henning suggested on Line 14 of the Resolution, the word "oversized" be added after "yellow lettering". VOTE: ALL VOTED AYE 56. Kings Point Recreational Complex - Discussion and possible action on: a) Release of two performance bonds posted for the sanitary sewer and water distribution systems upon receipt of one-year warranty bonds -- Temp._Reso. #3092 b) Acceptance of the Bill of Sale for the water distribution and sewage collection system improvements - Temp. Reso. 43093. SYNOPSIS OF ACTION: Held discussion for appearance of Assistant City Engineer. ee Bnow _. - .. a) Mr. Henning read Temp. Reso. #3092 by title and Mayor Kravitz said Bob Foy, Assistant City Engineer was needed on this item. 52. Woodmont Tracts 74/75 - Revised Site Plan - Temp. Reso. #3090 - Discussion and possible action on Revised Site Plan #2 reflecting as -built Recreation Building setbacks. SYNOPSIS OF ACTION: (See Page 2). APPROVED. RESOLUTION NO. R-84-// ? PASSED. Mayor Kravitz said the Resolution was previously read into the record and the Assistant City Clerk verified that the monies due have been received. C/M Stelzer MOVED APPROVAL of Temp. Reso. #3092, SECONDED by V/M Stein. VOTE: ALL VOTED AYE 56. Kinds Point Recreational Complex - Discussion and possible action on: a) Release of two performance bonds posted for the sanitary sewer and water distribution systems upon receipt of one-year warranty bonds - Temp. Reso. #3092. b) Acceptance of the Bill of Sale for the water distribution and sewage collection system improvements - Temp. Reso. # 3 0 9 3 . SYNOPSIS OF ACTION: (See Above) RESOLUTION NO. R-84- /f (a -PASSED. a) and b) APPROVED. RESOLUTION NO. R-84-%l.,%r_PASSED. a) Mayor Kravitz asked Bob Foy, Assistant City Engineer if the City has received the necessary bonds and Mr. Foy said yes, as well as the additional engineering fees. V/M Stein MOVED APPROVAL of Temp. Reso. #3092, SECONDED by C/M Munitz. VOTE: ALL VOTED AYE - 14 - 4/12/84 /pm b) Mr. Henning read Temp. Reso. #3093 by title and C/M Munitz MOVED APPROVAL, SECONDED by C/M Dunne. VOTE: REPORTS 59. City Council Reports - C/M Stelzer - No report. ALL VOTED AYE V/M Stein said he attended the Northwest Council of Cities meeting and found it interesting. He said there was a Mutual Aid and Assistance Program for the Fire Department that has been implemented. C/M Munitz - No report. C/M Dunne said he was pleased with both the Health Fair, held on April'7th and 8th and the Street Fair, held on April 8th, they were both successful. He thanked those that participated. Mayor Kravitz - No report. 60. City manager Report - City Manager Stuurmans requested those members of Council that have not submitted their listing of auditors to please do so. She said Mayor Kravitz would set the date for a Workshop Meeting on this subject. She said the City Engineer, along with her office, will be preparing an advertisement for the City Clerk's office seeking expressions of interest for professional services pertaining to utility improvement pro- jects, in particular, the sludge dewatering portion and the composting portion. She said the utility rate consultant will be needed to review both the east and west rate structures for an objective opinion. She said Mayor Kravitz suggested allowing the employees a two-hour leave on Monday for the holiday; however, this item would cost approximately $7,000 and is not within her authority according to the employee manual or union contract. She suggested they continue what has been done in the past, that is, allowing the employees to use accumulated camp time or personal time for this type of purpose. 61. City Attorney Report - No report. COMMUNITY DEVELOPMENT 51. Lakeside at Tamarac - Revised Site Plan - Temp. Reso. #3088 - Discussion and possible action on a revised site plan for a fence on the south property line. SYNOPSIS OF ACTION: (See Page 2). APPROVED. RESOLUTION NO. R-84-��% �— PASSED. Mr. Henning read the Resolution by title and V/M Stein MOVED APPROVAL of Temp. Reso. #3088, SECONDED by C/M Munitz. VOTE: ALL VOTED AYE Meeting was adjourned at 12:00 p.m. ATTEST: MAYO Pf ASSISTANT CITY CLERK This public document was promulgated at a cost of or $ % SSper 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. - 15 - 4/12/84 /pm CITY OF TAMARAC _:APPROV D AT MEETING OF 8 CRY Clerk `