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HomeMy WebLinkAbout1981-02-25 - City Commission Regular Meeting Minutes.o 1 P, D. BCJx 25010 TAMARAC, FLORIDA 33320 CALL TO ORDER: I CITY OF TAMARAC, FLORIDA CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, FEBRUARY 25, 1981 8.30 A.M. FIRST CLASS MAIL ANNOUNCEMENT OF TIME ALLOCATIONS - MOTIONS TO TABLE -- The Chair at this time will announce those items which have been given a spe- cific time to be heard, and will entertain motions from Council members to table those items which require additional research. Council may agendize by majority consent, matters of an urgent nature which have come to Council's attention after publication. TAMARAC UTILITIES 1. Tract 46 Storage Tank -- Recommendation by City Attorney - /25/-Pgs.1,2 Discussion and possible action. Tabled to 3/11. 2. S stem Loop on University Drive at McNab Road - Report by City /25-Pg.l Engineer - Discussion and possible action. tabled to 3/11. 3. Fluoridation of Public Water Su 1 - Discussion and possible /25r-Pgs.2,3,4 action on HRS/Broward County Health Department report per pproved. taining to fluoridation, GENERAL ADMINISTRATIVE/FINANCIAL 4. Consent Agenda - Items listed under Item #4, Consent Agenda, are viewed to be routine and the recommendation will be en- /25-Pg.4 acted by one motion in the form listed below. There will be )&b) Appvd. no separate discussion of these items. If discussion is de- is corrected. sired, then the item(s) will be removed from the Consent )Appvd.,as Agenda, and will be considered separately. written. )Appvd.,as a) Minutes of 1/28/81 - Regular Meeting - Approval recommended presented. by City Clerk. )Removed for b) Minutes of 2/3/81 - Reconvened Regular Meeting - Approval eparate disc. d then appvd. recommended by City Clerk. o include tel. c) Minutes of 2/19/81 - Special Meeting - Approval recommended xpense of $8.77 ith a total by City Clerk. ayment of $1,258.77. d) Williams, Hatfield & Stoner - Consulting Engineer - 2/19/81 $100.00 February retainer - Account #1-155-515-310 -Approva recommended by City Engineer. e) Triple R Paving - 1980 Drainage Augmentation - 103rd Avenue Outfall - 2/10/81 - $54,391.66 - Approval recommended by City Engineer. k3 T4�umm7n197 f) Mitchell Ceasar - Grants Consultant - 2/17/81 -- $1,250.00- Approval recommended by Acting City Manager. 5. Eastside Fire Station #2 - Discussion and possible action to 2/25-Pgs.4/5 transfer surplus funds from the Capital Construction Fund to Tabled tc3/11 the Capital Reserve and General Funds. Repport to be sub : by Mr Xmner _ 6. Police Department - Eciuipment - Discussion and possible actin 2/25-Pg.6 to authorize disposal of surplus weapons by Temp. Reso.#1852. Adptd.R-51-36. A 7. Police Department �-_Regulations - Temp. Ord. #858 - Discus sio 2/25-Pgs.6/7 and possible action to prohibit the discharge of firearms in Appvd.on first the City. First Reading. reading. 8. Word Processor - Rental - Report by City Attorney - Discussio 2/25-Pgs.10/11 and possible action to authorize rental of a word processor Cty.Mgr.auth.to for the Legal Department to facilitate operations. to enact inter- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - dept . budget tran PUBLIC HEARINGS 9. Off --Street Parking Regulations - Temp. Ord. #820=A - Discus- 2/25-Pgs.7/8 sion and possible action to provide that parking uses in Tabld.to 3/11/81 certain zoning districts,in existence prior to parking regula Pub. Hring. held. tion modifications,shall be permitted to continue as long as the same use occupies the premises. Second Reading. 10. Off -Street Parkin _Regulations -- Tem . Ord. #850 - Discussion 2/25-Pg.8 and possible action to amend Code Section 18 pertaining to Adptd.on second minimum amount of parking for restaurants and theatres. and final. rdg. Second Reading. 81-3. 11. Off -Street Parkin Re ulations - Tem . Ord. #853 - Discussion 2/25-Pg9.8/9 and possible action to amend Code Section 18 by allowing 900 Tbld.to 3/11/81, degree parking in S-1 (recreation) Zoning Districts. Second b.Hring.held. Reading. 12. Land Use Plan Amendment - Temp. Ord. #852 - Discussion and 2/25-Pg.12 possible action to authorize establishing fees for requests Adptd.on second for amendment to the City or County Land Use Plans. Second and final arding. Reading. -81-4 . 13. Bidding Procedures - Temp. Ord. #854 - Discussion and possibl 2/25---Pg. 9 action to correct a scrivener's error in Code Section 9 re- Adptd.on second lating to advertising for bids, and final rding. -81-5. IF ITEM #12 - Land Use Plan Amendment, is adopted on Second Reading, the following item will be considered: 14. Land Use Plan Amendment - Fees - Temp._Reso. #1853 - Discus- /25-Pg.9 :ion and possible action to establish fees for requests to MI-38. pted as amend, amend the Land Use Plan. COMMUNITY DEVELOPMENT 15. Spring Lake I - Discussion and possible action on request to 2 /25-Pg.12 release certain Certificates of Occupancy. lemaining CD's o be issued at 16. Northwood II - Revised Site Plan - Discussion and possible TRropriate time. action to approve a revised site plan for an enlarged recrea- C5-Pgs.11612tion building and additional parking. d.to 2/26-Pgs . 7/8 17. Westchester - Bond Release - Temp. Reso. #1809 — Discussion ni - - - and possible action to release a cash warranty bond for side- /25/-pg.12 walk construction in this subdivision. (tabled from 2/11/81) dopted for release of the warranty bond in he amt.of 02600.00. PAGE THREE. 18. Granek Properties - Petition #1-Z-81 - Discussion and pos- 2/25-Pg.I sible action to grant a limited waiver to parking require- Tbld. to 3/11/81 ments for a proposed office plaza on the west side of State at request of Road 7, north of Commercial Plaza, by Tem . Reso. #1826. developer. 19. Mainlands Center - Discussion and possible action on: /25--Pgs.7/8 ld. to 3/11/81, a) Site Plan blic Hrg.held. b) Landscape Plan c) Water and Sewer Developers Agreement (located at N.E. corner of University Drive & N.W. 58th St.) A 20. Polish American Club - Discussion and possible action on: /26-Pgs.1.,2,3,4- )Appvd.with chgs. a) Site Plan )Appvd. with chg. b) Plat - Temp. Reso. #1844 R-81-39. c) Landscape Plan )Appvd.with cond. (located east of Inter -City Auto on the south side of that 4 trees be Commercial Blvd.) added in islands. 21. Woodmont - Tract 47 - Revised Site Plan - Discussion and /26-Pgs.4,5- possible action to approve a revised site plan for an abled. entrance wall. 22. Woodmont -- Tract 70 - Revised Site Plan - Discussion and /26-Pg.6 - possible action to approve a revised site plan for an rabled entrance wall. 23. Woodmont - Tracts 74 and 75 - Revised Site Plan - Discussion /W-Pgs.6/7 and possible action to approve a revised site plan for an ppvd. subj.to enlarged recreation building and additional parking.,, conditions. 24. Burnham Lea (formerly Heftler Homes)- Discussion and possible /25-Pgs.12/13 action to approve a permit for a model sales facility. is 1 K, 7, Blk.1 of be per. to have 25. Tamarac Gardens - Discussion and possible action to extend blt.-no C orr �.ots 3 K: 4., 9 the permit for a temporary trailer used for a model/sales _ - � facility. Pvdp15o�2/81 _ a_mo. p . 26. Drainage Improvements in the City - Discussion and possible /25-Pgs.15/16- action. eport to Cty.Eng 27. Landscape Requirementsm - Te. Ord. #856 - Discussion and e sub` possible action to amend Code Section 6 pertaining to land- /25-Pg.15-Appvd. scape requirements in commercially zoned areas. First 3n first rdg. as Reading. amended. 28. Home Construction Insurance - Tem . Ord. #859 - Discussion and possible action to amend Code Section 7 to exempt owner - builders of his residence from having to provide construction defect insurance. REPORTS 29. City Council 30. City Manager 31. City Attorney City Council may consider such other business as may come before it. Pursuant to Chapter 80-105 of Florida Law, Senate Bill No. 368: If a person decides to appeal any decision made by the City Council with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF TAMARAC 7/25-Pgs.lE/17-- rabl.ed to 3/11/81 for add.input by �ity Att. MARILYN BERTHOLF CITY CLERK CITY OF TAMARAC, FLORIDA REGULAR CITY COUNCIL MEETING FEBRUARY 25, 1981 CALL TO ORDER: Mayor Falck called the meeting to order on Wednesday, February 25, 1981, at 8:30 A.M., in the Council Chambers. ROLL CALL: PRESENT: Mayor Walter W. Falck Vice -Mayor Helen Massaro Councilman Irving M. Disraelly Councilwoman Marjorie Kelch Councilman Irving Zemel ALs6 PRESENT: Acting City Manager, Laura Z. Stuurmans City Attorney, Arthur M. Birken Ass't. City Clerk, Carol A. Evans Clerk/Steno., Mimi Reiter MEDITATION & PLEDGE OF ALLEGIANCE: Mayor Falck called for a Moment of Silent Meditation followed by the Pledge of Allegiance. Mayor Falck advised that Mr. Birken and he will have to leave after 9:15 A.M., this morning, in order to attend a meeting of the Planning Council, which relates to the Platting Ordinance. He indicated that a Public Hearing will be held by the County,for this ordinance, on March 19, 1981. It was his recommendation that the City Council reconvene on Thursday, February 26, 1981, at 9:00 A.M., for any items that cannot be handled this day. The Mayor indicated that he would inform the Council members, if he felt their presence was necessary at the Planning Council meeting. He added that Evan Cross, the City Planner, was going to be in attendance at this meeting. C/M Disraelly indicated that the Council members were in opposition to the approval of Mr. Stewart's opinion, but favored the TAC opinion. Mayor Falck stated that after discussion was held with Tony Nolan, the Consulting Engineer, it was recommended that Item #2, System Loop, be tabled. 2. System Loop on University Drive at McNab Road - Report by City Engineer - Discussion and possible action. SYNOPSIS OF ACTION: Tabled to 3/11/81, at the request of the Consulting Engineer. V/M Massaro MOVED to TABLE the item to 3/11/81, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. COMMUNITY DEVELOPMENT 18. Granek Properties - Petition #1-Z--81 - Discussion and possible action to grant a limited waiver to parking requirements for a proposed office plaza on the west side of State Road 7, north of Commercial Plaza, by Temp. Reso. #1826. SYNOPSIS OF ACTION: Tabled to 3/11/81 meeting, at the request of the developer. C/M Disraelly advised of a memo received from the City Planner, in which he stated that the developer, Granek Properties, requested that this item be tabled to the next regular meeting. V/M Massaro SECONDED. VOTE: ALL VOTED AYE. TAMARAC UTILITIES 1. Tract 46 Storage Tank -- Recommendation by City Attorney - Discussion and possible action. SYNOPSIS OF ACTION: Tabled to 3/11/81, for additional review. -1- 2/25/81 mr/ Mr. Birken indicated that the evaluation by the Consulting Engineer finds that Tract 46 is not the appropriate place for the location of the water storage tank. He also stated that Leadership has a buyer for this property, and would suggest that they be informed the City is not interested at this time. In response to a question by C/W Kelch, he stated that the property will still have to be rezoned, because the developer will be constructing low-density,0--5 units per acre.Mr.Birken also stated that unless the City agrees to it, they do not have the right to put commercial units on this property. He additionally stated that the property is currently zoned B-3, A-1 and S-1, which is noted as community facilities and recreation open space on the City's Land Use Plan. The City Attorney indicated that when a letter is sent, it will be called to their attention that the property would require rezoning to residential use. V/M Massaro felt this option should be released, and to not hold onto the property arbitrarily, because the City could not use this. Mr. Birken indicated that if it is not released, then it will be sold, and problems will occur. He also said there was a covenant, which was placed by Leadership Housing, and was the reason that the option was not accepted. The City Attorney felt there was no benefit in re- taining this, and was awaiting a letter from the Consulting Engineer, which would be sent to Leadership. The lease, he said, will not expire until October, which will permit adequate time to handle this. The City Attorney said that a letter was requested from the City;name- ly.,. 1) a letter from the Engineer, stating that there will be no en- vironmental damage to the property, by storing the material; also, 2) a letter from the City, stating that it was used as a sod farm at some point in time,but will not preclude the development of the property, and possibly, 3) the rent, may be a factor. V/M Massaro said there may be damage to the property, because it was used as a sludge farm, which would have to be removed, prior to the building. She wondered whether this was being rushed. C/M Disraelly said that he discussed this with the City Attorney, and was concerned with the Land Use Plan low -density, community facilities, and recreation open space, with no provision for business. Mr. Birken indicated that it might be necessary to modify the Land Use Plan, and would recommend to accept the option, and pay some money, and tell them the City is not interested. But, he said, if nothing is done, then they will advise that the option offer is withdrawn, or let them do whatever they want. V/M Massaro felt that the option was not important, but was concerned with releasing the covenant, and said the conditions attached to a lease will be dangerous. She stated that this required more considera- tion. Mayor Falck recommended tabling the item, and to have the City Attorney check the covenant, to which the Vice--Playor noted that she reviewed this, but would like to speak with the City Engineer, in order to get specific answers. C/M Disraelly indicated that 50 years from 1976, is the time of the covenant. V/M Massaro MOVED that this item be tabled until the next regular meeting, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. 3. Fluoridation of Public Water Supply -- Discussion and possible action on HRS/Broward County Health Department report pertaining to fluorida- tion. SYNOPSIS OF ACTION: Approved Mayor Falck explained that this item was tabled from the 2/11/81 -2- 2/25/81 mr/ meeting, for additional information. C/M Disraelly said that additional reports were inspected, and again stated that he was unaware that the City was not fluoridated. He also discussed the fluoridation process with some dentists, and it was his determination that the input was good, not only for the youngsters, with the prevention of caries, but for the adults, in the prevention of osteoporosis. He then MOVED to accept the program that was offered for the Federal Government to supply all the funds necessary for the installation of the system of fluoridation., and the awarding of the contract for that work, to provide all the funds for the engineering services, equipment and installation cost, the fluoride testing equipment, fluoride chemical cost for a period of two years from the time it starts. C/M Zemel SECONDED. C/W Kelch said that she was not in favor of the fluoride, when it was first approached, because the water contains sodium, and might endanger the lives of many residents. She felt that the documentation that was sent to her, does put some doubt in her mind, as to its validity. Mort Student said that he was in favor of this fluoride program, es- pecially after speaking to physicians and dentists, as related to the sodium content, which was minimal and harmless. C/M Zemel noted receipt of a letter dated 2/16/81, from Dr.17aurice Abbey, who was in attendance. Dr. Maurice Abbey said that he practiced dentistry for 42 years; and after 10 years in practice, the fluoridation program was brought up. He was then the President of the Queens County Dental Society, in New York, and was interested in this subject. Of utmost importance,at that time, he said, was helping the children of the community. Dr. Abbey indicated that various studies were made by national, local, state and other research bodies, such as the American Dental Association, American Medical Association, the National Institute of Health, Public Health Service, and many others. He discussed the origin of fluoride, in the State of Texas, where dis- coloration of teeth was noticed. After chemical analysis of various ingredients that were put into the water, it was determined that sodium fluoride was a preventive dental decay component. Dr. Abbey said that he was invited by the State of Connecticut, as an observer at a school for retarded children. He examined many of the children prior to the fluoridation system was installed; and after one year, he returned, and for five years thereafter, with the result there was a great improvement in dental health of the children. Dr. Abbey said it was determined by the authorities of the institution, found there was a 65% reduction in dental decay, after a period of five years. Other studies were made in New York, he said, with one City using fluoride in their water, and omitting it from another City. it was noted, he said, after a ten year period, the results were remark- able with the children who had fluoridation. Fie referred back to the late 40's and early 50's, indicating that there has been such a tremen- dous improvement since that time. In response to a question by the Vice -Mayor, it was noted by Dr. Abbey that the sodium in the fluoride was not detrimental to the health of the residents. He also stated that the various health organizations would not approve such inclusion, or fluoride tooth paste, if it was detrimental to the health of the citizens. Tape #2 C/M Zemel inquired as to pediatricians recommending vitamins with fluoride additives, when it is not available in the water system, to which Dr. Abbey said he was aware of this. He felt it was the greatest thing since penicillin, which treats a disease, whereas sodium fluoride in the water, is a preventative which alleviates dental decay. Melanie Reynolds felt there should be a Public Hearing held, to enable the residents to voice their opinion on its installation. -3- 2/25/81 mr/ C/M Zemel felt that Larry Keating was a Sanitary Engineer, and could supervise control of the water. He also stated that if the public objected to fluoridating their water system, they would be in full attendance, and overflowing the corridors. VOTE: C/M Zemel -- Aye C/W Kelch - Nay C/M Disraelly - Aye V/M Massaro - Nay Mayor Falck - Aye MAYOR FALCK RELINQUISHED THE GAVEL TO V/M MASSARO. GENERAL ADMINSTRATIVE/FINANCIAII 4. Consent Agenda - a) Minutes of 1/28/81 - Regular Fleeting - Approval recommended by City Clerk. b) Minutes of 2/3/81 - Reconvened Regular Meeting -- Approval recom- mended by City Clerk. c) Minutes of 2/19/81 - Special Meeting - Approval recommended by City Clerk. d) Williams, Hatfield & Stoner - Consulting Engineer - 2/19/81 - $100.00 February retainer - Account #1--155-515-310 - Approval recommended by City Engineer. e) Triple R Paving - 1980 Drainage Augmentation - 103rd Avenue Outfall - 2/10/81 - $54,391.66 - Approval recommended by City Engineer. f) Mitchell Ceasar - Grants Consultant - 2/17/81 - $1,250.00 Approval recommended by Acting City Manager. (changed to $1,258.770 for inclusion of telephone expenses) SYNOPSIS OF ACTION: a) and b) - Approved, as corrected; c)--Approved, as written; d) Approved, as presented; e) - Removed for separate discussion, and then approved for payment; and f) - Removed for separate discussion, and then approved to include telephone expenses of $8.77, with a total payment of $1,258.77. VOTE: C/M Zemel requested that Item #4 e) be removed for separate discussion, and C/M Disraelly said to also remove Item #4 f). C/M Disraelly MOVED that Items a) and b) be approved, as corrected; c) be approved, as written; d) approved, as presented. C/W Kelch SECONDED. ALL VOTED AYE. f) C/M Disraelly said that a bill for telephone expense was not in- cluded on the previous agenda, in the amount of $8.77, and should be paid at this time. He MOVED that the payment of $1258.77 be paid to Mitch Ceasar, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. e) C/M Zemel said the request for a second payment would still leave a substantial amount of money in the City's coffer. He felt the work was more than adequately accomplished, but its effectiveness will be revealed during the "rainy" season. He further stated that the project was to have been completed in early January, and felt there were rocks in the streets, tremendous piles of earth and debris, numerous concrete conduits around, and a rusty steel structure in the area. C/M Zemel said that he would not disapprove "progress payment #2", but prior to further payments, he felt it should be investigated. C/M Zemel also stated that during construction work, there was property that was ingrained with fine sand. At the recommendation of the Council members, Item #4 e) was held for the attendance of the City Engineer. 5. Eastside Fire Station #2 - Discussion and possible action to transfer surplus funds from the Capital Construction Fund to the Capital Reserve and General Funds. 2/25/81 4_ mr/ SYNOPSIS OF ACTION: Tabled to 3/11/81, for submission of a written report by Mr. Emmer, of Alexander Grant & Co., for additional research. C/M Disraelly indicated that this was discussed, because funds have been held in the account, but the Fire Station has been completed. He said there were some items to be accomplished, such as covering for the windows, and the preparation of everything else. But, he said, at this time, it was necessary to prepare the Fire Department budget. Mrs. Stuurmans said that �er memo indicated a request for further research by Mr. Emmer of Alexander Grant & co. C/M Disraelly then MOVED to table the item, until the report has been submitted from Mr. Emmer, to the 3/11/81 meeting, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. 4. Consent Agenda (Again - see page 4) e) Triple R Paving (A request was made for that portion of the tape to be played -back) C/M Zemel said that he contacted the City Engineer on a continuous basis. He further noted that during this work,ten (10) of the drive- ways which were at or near the construction sites, were ingrained with the sand. He felt that the property owners or someone else would be required to seal them. Additionally, he said, there is nothing in the contract of construction that mandates that Triple R is responsible for this. Ile also felt that the City should not take money out of their treasury to accomplish this, and indicated that this would be called to Council's attention, and they will be aware of it. V/M Massaro stated that her home is ingrained from sand, because of the work on the roadway on Commercial Boulevard, which has destroyed the enamel trim on the outside of her home. She felt that a contractor could not be held responsible for this, and further stated that a precedent has already been established, in the payment of replacing of plants that were in the right-of-way. She said that Lon -Rubin and Gene Toll were doing some of the work, because it was their responsibility. The Vice -Mayor felt that the taxpayers money was being spent in the correction of drainage, and noted that Tamarac was doing more than any other city. C/M Zemel said the contract did indicate that everything would be replaced, and monies were set aside for it, to which V/M Massaro indicated that the Lon Rubin agreement was clarified to not be the responsibility of the City. Mr. Keating said that problems have occurred with the contractor, as to the clean-up, which is south of 81st Street, where the debris and piles of trash are involved. He noted that the contractor was out of the city, but his crews have been scheduled for this day, and there will be an attempt to clear everything up. C/M Disraelly discussed the due date for completion, to which the City Attorney stated that there is a liquidated damage provision in the contract. Mr. Keating advised of a hold-up on McNab Road, due to a conflict at the intersection of Pine Island Road, which they were attempting to resolve. He felt that a change -order would be forthcoming through the City Manager's office. He further stated that the situa- tion on 103rd Avenue was discussed with the City Manager's office and Council members, as to the contractor being beyond the comple- tion date, but, noted that the contract does contain a liquidated damage clause. He anticipated that the City would look closely at that provision of the contract, in order to determine the City's 2/25/81 -5- mr/ best interest. C/M Zemel felt that as long as the liquidated damage clause was not imposed, then the contractor might consider cleaning up various areas, and satisfy some of the residents, with no additional cost to the City. V/M Massaro felt that if the contractor is procrastinating and doing other work, then that provision should be reviewed. But, if he is diligently pursuing the job,then consideration of a formal or in- formal penalty is an injustice. C/M Zemel felt that up -to this point the contractor should be paid. Mr. Keating said that a substantial amount of money was being discussed but did advise the contractor of the debris and trash that was still required to be cleared, which was in the unimproved grounds on the south side. C/M Zemel indicated that the residual amount remaining, after approval of this payment, would be sufficient to induce any contractor to com- plete the work to the satisfaction of the City. C/M Disraelly MOVED for payment of $54,391.66, and C/M Zemel SECONDED. V/M Massaro inquired of the City Engineer as to whether the monies were coming from the budget or from the improvement fund, to which Mr. Keating responded that the Finance Director should be contacted. C/M Disraelly advised that these four contracts were included in the $600,000 that was set aside from the drainage improvement fund which was established. VOTE: ALL VOTED AYE. 6. Police Department -Equipment - Discussion and possible action to authorize disposal of surplus weapons by Temp Reso. #1852. SYNOPSIS OF ACTION: Adopted RESOLUTION NO.R- gl-,,6 4, PASSED. The City Attorney read Temp. Reso. #1852. The Acting City Manager said that her Administrative Report had several memos attached from the Police Department, which discussed eight (8) weapons that were determined as not being suitable for use by the de- partment. She said they were requesting the opportunity to offer them for sale to qualified bidders, under a sealed bid method. The monies received from that sale, she said, was being requested to be placed in a special fund, for the purchase of new weapons at a later date, not to exceed the amount. Mrs. Stuurmans said the style of the package is attached to the resolution, which could be sold either individually or collectively. Mr. Birken said it will meet the City Code, with the City having full coverage, and felt there would be no problem in the approval of this authorization. C/M Disraelly MOVED to adopt Temp. Reso. #1852, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. 7. Police Department ` Regulations - Tdmp. Ord. #858 - Discussion and possible action to prohibit the discharge of"firearms in the City. First Reading. SYNOPSIS OF ACTION: Approved on 1st Reading The City Attorney read Temp. Ord. #858, and indicated it was similar to the regulations in Ft. Lauderdalepalso recommended by the Police Chief, after review. C/M Zemel MOVED to ADOPT Temp. Ord. #858, on first reading, and C/M Disraelly SECONDED. -6- 2/25/81 mr/ V/M Massaro confirmed the fact that this ordinance was to prevent people from discharging firearms, and inquired whether a firearm could be used where a life was endangered, which could strengthen the ordinance, by removing Section 2 - Item #4. Mr. Birken said the discharge of firearms is in the State Statute, and felt that particular item should be included. VOTE: ALL VOTED AYE. PUBLIC HEARINGS 9. Off -Street Parkin2 Re ula ions - Tem Ord. #820-A - Discussion and possible action to provide that parking uses in certain zoning dis- tricts, in existence prior to parking regulation modifications, shall be permitted to continue as long as the same use occupies the premises. Second Reading. SYNOPSIS OF ACTION: Tabled to 3/11/81 meeting, for additional review. (Public Hearing held) Tape The City Attorney read Temp. Ord. #820-A, and explained that the #3 ordinance indicates the same parking use as the previous occupant, unless there is abandonment or discontinuance of that use; which is spelled out. The Vice -Mayor discussed the illegal and legal parking, and grand - fathering in, where there is a need for improvement. Mr. Birken responded that the City would be heading for an inverse condemnation situation, because they were legal when built, and this ordinance mould tighten the status. Once a retail store is involved, and a physician is brought in, then the retail cannot be restored, but something has to be done to satisfy the parking. V/M Massaro opened the discussion to the public, and closed it because there were no comments received. C/r1 Disraelly said there were a number of places in the City, and, if built today, there would not be adequate parking spaces. But, when it was built, they complied with the regulations of the City; and if the size of the business, or building size was changed, it would have to conform to the new ordinances. He also noted that the change from retail to retail would remain the same, but the ordinance which is being prepared, should include an asterisk for the explanation. In response to a question by V/M Massaro, the City Attorney stated that it was legitimatizing situations. He felt that the ordinances as presently exist would indicate a shortage of 200-300 spaces at the Sunshine Plaza, and applying existing standards, would not permit closing and opening of the bay, due to insufficient parking. The language, as indicated in the ordinance, would satisfy such a situation. C/W Kelch said that it was her understanding, that unless structural or building changes were necessary, that the situation outlined in the provision of the ordinance, would apply. Mr.Birken said there should be a computation of parking everytime there is an application for an occupational license; and if there is insuf- ficient parking, then action should be taken by the City. A recomputa- tion of parking spaces would apply with a change in retail shop owner- ship. C/M Disraelly said that when parking regulations are changed, the criteria has to be adjusted; which would be more restrictive for some, and less stringent for others. The ordinance now indicates that with a theatre, there should be one parking space per three seats, which will be changed from one parking space per four seats, and would permit additional parking spaces in shopping centers for retail stores. He said if this ordinance is not passed, but a new parking ordinance is adopted, which is more restrictive, then a bay will be closed. But, should doctors be placed in the area where retail stores were situated, then it could be opened up. -7- 2/25/81 mr/ C/W Kelch said that she understood, under the present ordinance, although an automatic permission could not be granted, there is a provision for this to come before Council, for the granting of the waivers. She did concur with the Vice -Mayor, that certain conditions should be improved or controlled, and, if the waiver provision remains in the ordinance, and enacted at the discretion of Council, then a change would not be necessary. V/M Massaro felt that some language has to be changed, especially where corrective work has to be done on the premises or buildings, and should be written to not grandfather it in; with a right to require something to be done, or indicate a violation. She did request that the item be tabled for further consideration. C/M Zemel MOVED to TABLE the item for further consideration, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. 10. Off -Street Parking^Regulations_ - Temp. Ord. #850 - Discussion and possible action to amend Code Section 18 pertaining to minimum amount of parking for restaurants and theatres. Second Reading. SYNOPSIS OF ACTION: Adopted on 2nd and final reading. ORDINANCE NO.O- mm&- 3 PASSED. The City Attorney read Temp. Ord. #650. V/M Massaro opened the discussion to the public, and closed it because there were no comments received. C/M Disraelly indicated that this ordinance was intended to calculate the overlapped parking. He said this would attempt to define the, size of a shopping center, and restaurants, each one not including others, which has to be calculated on its own; also, applying to theatres. C/M Disraelly MOVED for the adoption of Temp. Ord. #850, on second and final reading, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. 11. Off -Street Parking Regulations - Temp. Ord. #853 -- Discussion and possible action to amend Code Section 18 by allowing 90' degree parking in S-1 (recreation) Zoning Districts. Second Reading. SYNOPSIS OF ACTION: Tabled to 3/11/81 meeting, for further consideration. (Public Hearing held) The City Attorney read Temp. Ord. #853. C/M Disraelly requested that all the language after line 11 1/2, be deleted, with a period to be added after the words .page 2, and the comma omitted.. The balance of Section I is to be stricken,'he said. He further stated that the intent of the ordinance was that all parking spaces except in residential and S-1 recreational areas shall be at an angle, as shown in Exhibit "F". Mr. Birken said that the language which C/M Disraelly requested to be removed, was superfluous and possibly inconsistent. He felt that one waiver provision should be indicatedg, as indicated in Chapter 18. V/M Massaro opened the discussion to the public. Morton Student inquired as to the parking spaces being made legal in condominiums, to which C/M Disraelly confirmed the fact. V/M Massaro closed the discussion to the public, because there were no further comments received. C/M Disraelly MOVED for the adoption of Temp. Ord. #853, with the following paragraph to read: 1018-3(1) (c) All parking spaces, except in residential and S-1 Recreational districts, shall be at an angle as shown in Exhibit "'F", page 2." (also striking the balance of the paragraph) 2/25/81 -8- mr/ MOTION DIED DUE TO LACK OF A SECOND. C/M Zemel MOVED to TABLE Temp. Ord. #853 to the next regular meeting of 3/11/81, for further consideration, and C/W Kelch SECONDED. VOTE: C/M Zemel - Aye C/W Kelch - Aye C/M Disraelly -- Nay V/M Massaro - Aye 12. Land Use Plan Amendment - Temp. Ord. #852 -- Discussion and possible action to authorize establishing fees for requests for amendment to the City or County Land Use Plans. Second Reading. SYNOPSIS OF ACTION: Adopted on 2nd and ORDINANCE NO.O- 91- PASSED. final reading. The City Attorney read Temp. Ord. #852. V/M Massaro opened the discussion to the public, and closed it because there were no comments received. C/W Kelch MOVED to adopt Temp. Ord. #852 on second and final reading, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. 13. Bidding Procedures -- Temp. Ord. #854 - Discussion and possible action to correct a scrivener's error in Code Section 9 relating to adver- tising for bids. SYNOPSIS OF ACTION: Adopted on 2nd and ORDINANCE NO.O- gl- S PASSED. final reading. The City Attorney read Temp. Ord #854. V/M Massaro opened the discussion to the public, and closed it because there were no comments received. C/M Disraelly MOVED to adopt Temp. Ord. #854, on second and final reading, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. 14. Land Use Plan Amendment - Fees - Temp. Reso. #1853 - Discussion and possible action to establish fees for requests to amend the Land Use Plan. SYNOPSIS OF ACTION: Adopted, as amended. RESOLUTION NO.R- PASSED. The City Attorney read Temp. Reso. #1853, and indicated there were two recommended fees; $400, which is in excess of the rezoning fee, and would be used if there was no amendment to the County Land Use Plan. The second recommended fee was $500, if it was necessary to amend Tamarac's Comprehensive Plan, and seek an amendment to the County's Land Use Plan. He further stated that frequently the fee would be in addition to the rezoning fee. The- City Attorney noted the insertion in Sections 1 and 2, after the fee amounts, as follows; "plus the cost of publications and necessary individual notices to property owners". Tape C/W Kelch inquired whether this would preclude the present cost for #4 advertising the rezoning, and should be included in the resolution. Mr. Birken stated that a new Section 3 be added; "The fees established herein are in addition to any costs for rezoning or other City actions". Additionally, he stated, that Section 3 should be changed to Section 4. C/M Disraelly MOVED to adopt Temp. Reso. #1853, as amended in Sections 1 and 2, with the addition of Section 3, and changing Section 3 to 4. C/W Kelch SECONDED. VOTE: ALL VOTED AYE. -9- 2/25/81 mr/ GENERAL ADMINISTRATIVE/FINANCIAL 8. Word Processor - Rental - Report by City Attorney - Discussion and possible action to authorize rental of a word processor for the Legal Department to facilitate operations. SYNOPSIS OF ACTION: City Manager authorized to enact inter -department budget transfer. Mr. Birken advised that the last item that was taken out of the budget for this fiscal year, was the purchase of an IBM Word Processor, for appraximately $20,000. He indicated that Royal has a Word Processor on the market, which will do the same, if not more than the IBM equipment. They also have, he said, a rental plan which will enable the City to test word processing, and determine whether there has been adequate de- velopment to facilitate the operations of City Government. Mr. Birken felt that innumerable applications could be applied, such as revised ordinances, which could be changed in a matter of minutes, and would be error -free. The City Attorney further indicated that Royal will permit rental of this equipment up -to a period of three months, at an approximate cost of $1,300, which could be returned within that period of time. If, he said, it is determined that the City could use this equipment, then the entire rental price would be applied to the purchase price. He also noted that no other vendor has such an alternative available. The machine, he noted, was presently being used by the City Attorney's office in Plantation, and they are extremely pleased with the flexibility of the equipment. It was also indicated by Royal, that they would set the machine up, at no cost, to initiate whatever applications the City would prefer. It was the recommendation of the City Attorney to rent the word Processor which would enable in-house experience, and determine the practical use of operation, before a final decision is made. The initial price of the equipment, he stated, would be approximately $7,000 or $8,000 less than the IBM equipment, with the possible purchase price of $13,000. C/M Disraelly confirmed the fact of an installation cost of $150, which would be a one-time fee, to which Mr. Birken indicated that the elements are inexpensive, and this equipment would accept paper that is presently being used in the City Hall, with two paper feeders. The City Attorney also noted that the price of the ribbons would be comparable to the typewriter ribbons. C/M Disraelly discussed the purchase of additional equipment, namely, diskettes, print wheels and ribbons. Mrs. Stuurmans stated that the items were supply -type items, and did propose to Council a budget transfer of approximately $2,000 to cover the three-month rental, installation charge, and a'portion of the supply items, consisting of diskettes, print wheels and ribbons. She felt this would suffice, and, if necessary, then the supply items could be taken from the City Manager or City Attorney general supply fund. C/M Disraelly further noted that the dual paper feeder has an addi- tional charge, but the total price would be approximately $12,000. If rented, then there would be no maintenance charge, but, otherwise it would be approximately $1300 on a total purchase. C/M Zemel said that he witnessed the operation of this equipment, and carefully reviewed the features, with a study of the specifications. He strongly urged rental of the Royal equipment for a period of three months. C/M Disraelly felt that other departments should be permitted to use the Word Processor, such as the City Clerk, Engineering, Community Development, and the Utility Department in the preparation of water agreements. Mrs. Stuurmans stated the cost of supplies would be: 4 ribbons - from 1 to'35,'would be $3.70 each; diskettes - from 10 to 20, at $6.95 each; and print wheels - from 1 to 5, at $9.00 each. 2/25/81 -10- mr/ Mr.Birken said the Police Chief could use the machine at night, for reports. V/M Massaro said that additional elements should be obtained, to which Mr. Birken concurred. C/M Zemel MOVED that the City Manager be authorized to enact an inter -departmental budget transfer, from the City Manager's Salaries Acct.. #1-110-512-120, in the amount of $2,000 - to the City Attorney's Acct. #1-106-514-440; Rental Equipment Account, to cover the cost of the rental installation and supplies of the Royal Word Processing machine. The balance in the account from.which the monies are trans- ferred was $48,159.58 prior to the transfer, and $46,159.58 subsequent to the transfer. The amount of money in the account to which the monies are to be transferred was zero prior to the transfer, and $2,000 subsequent to the transfer. The rental is to be for a period of three (3) months, with a determination by the Council, for future action. C/M Disraelly SECONDED. VOTE: ALL VOTED AYE. V/M MASSARO SAID THAT A PHONE MESSAGE WAS GIVEN TO HER, IN WHICH THE MAYOR INDICATED THAT IT WOULD NOT BE NECESSARY FOR ANY OF THE COUNCIL MEMBERS TO BE IN ATTENDANCE AT THE PLANNING COUNCIL MEETING THIS DAY. COMMUNITY DEVELOPMENT 16. Northwood approve a additional II - Revised revised site parking. Site Plan - Discussion and possible action to plan for an enlarged recreation building and SYNOPSIS OF ACTION: Held for later in the day, and then tabled to the 2/26/81 meeting. C/M Disraelly indicated that the original clubhouse was designated to be a minimum of 1100 feet, with an 1800 foot clubhouse presently being requested. He did state that the building was closer to Lot #90, but the 7 1/2 feet were within the ordinance; with a shaped recrea- tion area, and the pool has been moved. Fie further stated that the distance is in conformity, and no problems were found with the shaping, as applied to the ordinances. C/M Disraelly noted that at some future date, the rezoning will have to be requested to S-1, in order to satisfy the City Code, but did not find any problems with the revised site plan. He then MOVED that the revised site plan for the recreation area and the additional parking, which was expanded in the same parking area, from eight to ten spaces, to satisfy the size, was adequate. He also stated there was a request by the Planning Commission to put in sodium vapor lights. Also, there should be a qualification that proper lights be provided in the parking area, if required by regulations. Develop- ment Review Requirements have been met, he said. Additionally, he said there was a suggestion that the lights be sodium vapor, which FP&L advised was energy.saving and improves the lighting. C/W Kelch SECONDED. C/M Zemel informed Council that the area under discussion was one of the darkest in the City, and any effort for better illumination would be a tremendous help, especially sodium vapor lighting. C/M Disraelly said that in his discussions with Clark Cooke, he was advised that all new lighting will automatically be sodium vapor, and FP&L will be replacing all street lighting. 4 C/M Disraelly stated that no site plan carries street lighting, to which Mr. Keating noted that parking lot lighting is included. V/M Massaro said there is no site plan for the clubhouse, but there is only a site sketch which indicates the perimeters of the site. She re- quested that the City Attorney check the S-1 zoning, and the distance a building is required to be from a residential area, which is zoned R-3. She requested that this item be held for action later in the day, or be held for the 2/26/81 meeting. In response to a question by C/M Zemel, the City Engineer stated that the drainage would not flood the homes on the west side. He did state -11- 2/25/81 mr/ that it was higher, above the flood elevation. He added that the swale area still has to be formed, which separates the two tracts. He guessed it would flow over land south through the channel, into the canal on the south side, and should be 100a better than it was before. The City Engineer showed the relationship between Spring Lake I and Northwood II, on the drawing board, and the pitch of the slabs. C/M Disraelly inquired whether the installation of three or four catch basins would assist in carrying off the water, on the property re- ferred to by C/M Zemel,to which Mr. Keating responded that the catch basins are there. VIM Massaro said that she,will look at this area, and then discuss it with Mr. Keating. She reiterated that this item should be held for further action later in the day. 15. Wiring Lake I - Discussion and possible action on request to release certain Certificates of Occupancy. SYNOPSIS OF ACTION: Remaining C.O.s to be issued at the appropriate time, upon approval by the Chief Building Official. Mrs. Stuurmans acknowledged the fact that a copy of the bond that was due, was included in the backup packets distributed to Council, to which Mr. Keating concurred. C/M Disraelly said the easement was accepted May 21st, 1980. VIM Massaro confirmed the fact that the City Engineer and the City Attorney have reviewed this. C/M Disraelly added that the last five (5) C.O.s were not granted, to which the Vice -Mayor indicated that Council was now in a position to release the remaining five (5) C.O.s, at the appropriate time, which would require approval by the Chief Building Official. C/W Kelch MOVED that in view of receipt of a Letter of Credit indi- cated in the current packets, that the remaining Certificates of Oc- cupancy in Spring Lake I, be issued at the appropriate time, upon approval by the Chief Building Official. C/M Disraelly SECONDED. VOTE: ALL VOTED AYE. 17. Westchester - Bond Release - Temp. Reso. #1809 - Discussion and Tape possible action to release a cash warranty bond for sidewalk construc- #5 tion in this subdivision. (tabled from 2/11/81) SYNOPSIS OF ACTION: Adopted for release of RESOLUTION NO.R- PASSED. the warranty bond in the amount of $2600. VIM Massaro advised that this item was previously tabled because of the failure to provide another bond, and should not be held any further. C/M Disraelly read Temp. Reso. #1809, and MOVED that Temp. Reso.#1809 be approved, for release of the warranty bond in the amount of $2600. C/M Zemel SECONDED. VOTE: ALL VOTED AYE. 24. Burnham Lea (formerly Heftler Homes) - Discussion and possible action to permit for a model sales facility. SYNOPSIS OF ACTION: Lots 1 and 7, Block 1, not be permitted to have any buildings; with no Certificates of Occupancy to be requested for Lots 3 and 4, Block 3. William Nemus indicated that he was the Superintendent for the Burnham Lea project. C/M Disraelly stated that a new sign was placed on the project, which never came to the Beautification Committee; with requirements by the -12- 2/25/81 mr/ City's ordinance, for conformance. He suggested that application be made immediately with the Building Department for that sign, which should be filed no later than 5:30 P.M. this day, with the appropriate fee of $15.00. C/M Disraelly said they would not be permitted to build on Lots 1 and 7, Block 1, and Lots 3 and 4 of Block 3, in order to be within the 150 foot radius, and was directly across from the area of activity. Mr. Nemus said that all the property was purchased, and indicated that one home was owned by the sales office of Heftler Homes, which was prior to his purchase, and was located on Lot 5 of Block 3. He said this was not entirely completed. , V/M Massaro felt that further restriction should not be made on this project, but permit them to move forward. C/M Disraelly said that when the original approval was given for Heftler, it was indicated that building could not take place within 150 feet of any of the models. C/W Kelch felt a provision should be included to permit C.O.s, pro- viding the prospective owner of the property certifies that he is aware of the location of the sales office. V/M Massaro inquired whether Mr. Nemus was seeking to release the fact that no C.O.s can be obtained, or requesting a permit for a temporary sales office, to which Mr. Nemus responded that they were requesting a temporary sales officeand to continue to complete and sell those homes where C.O.s are being held up. He was interested in obtaining permits from the Building Department, to start five homes in that area, which are behind the three houses that are in the restricted area. Mr. Nemus said the temporary sales office was their primary request, with two other models for sales. C/M Disraelly suggested that approval be given at this time, with the restrictions he recommended. He then MOVED that the model sales and parking area for Burnham Lea, be granted, provided that Lots 1 and 7, of Block 1, will not be permitted to have any buildings on them; and Lots 3 and 4 of Block 3, not be granted C.O.s at the present time. C/W Kelch SECONDED the motion. Mrs. Stuurmans said it should be noted that the applicant not request the Building Department to issue C.O.s, and, if the need arises, that they return to Council for such discussion. C/M Disraelly indicated inclusion in his MOTION, and the SECOND con- curred. C/M Disraelly said that the intent on Lots 1 and 7, was not build, but to sell the other lots away from the model sales. V/M Massaro said the conditions will be there, and anyone willing to purchase, and being aware of the sales area, should be permitted to do this. Mrs. Stuurmans indicated that the original motion does not state that the applicant will not request C.O.s for Lots 3 and 4, Block 3. C/W Kelch WITHDREW HER SECOND', and C/M 2eme1 SECONDED the MOTION, which was made by C/M Disraelly. The MOTION was RESTATED: That Lots 1 and 7, Block 1, not be permitted to have any buildings; with no Certificates of Occupancy to be re- quested for Lots 3 and 4, Block 3. VOTE: ALL VOTED AYE. MEETING WAS RECESSED FOR LUNCH, TO 1:30 P.M. -13- 2/25/81 mr/ MEETING CALLED TO ORDER, ROLL CALL TAKEN: PRESENT: Vice -Mayor Helen Massaro Councilman Irving M. Disraelly Councilwoman Marjorie Kelch Councilman Irving Zemel ABSENT & EXCUSED: Mayor Walter W. Falck (Attending a County Planning Council meeting) V/M Massaro reviewed the schedule of items for the reconvened meeting of Thursday, February 26, 198a. COMMUNITY DEVELOPMENT 19. Mainlands Center - Discussion and possible action on: a) Site Plan b) Landscape Plan c) Water and Sewer Developers Agreement (located at N.E. corner of University Drive & N.W. 58th St.) SYNOPSIS OF ACTIO14: a) Approved, with conditions; b) Approved, as recommended by Beautification Committee; and c) Approved. a) C/11 Disraelly indicated that this item was previously discussed and reviewed, but action was delayed due to the non-payment of fees. He MOVED to approve the site plan, with a stipulation or agreement that Mainlands Center will maintain all of the swale, and all of the shaded area east of the wall, as submitted on Master File #61- 75, dated 11/21/80, on 75th Avenue; as well as the shaded areas indicated on 58th Street; that the wall on the east side of the property be reduced from 6 feet to 3 feet, to a point parallel to the south face of the building. Also, that the site plan re- quires 53 parking spaces, and the guardrail is to be put inboard of the bulkhead on the existing canal, as per the City Engineer's requirements. The Development Review Requirements have been met, he stated. He also indicated that the number of lights for the parking lot must be in accordance with the ordinance recently adopted, in effect as of this date. C/M Zemel SECONDED the MOTION V/M Massaro confirmed the fact that all the fees have been paid, which was verified by the City Clerk. VOTE: ALL VOTED AYE. b) C/M Disraelly informed Council that the landscape plan was heard by the Beautification Committee; which was reviewed. It was. their suggestion that the north side of the property, which has five (5) feet of green area adjacent to the sea wall, have adequate trees installed. The Landscape Plan was approved by the Committee. Charles Schultz, with Lawrence Kramer's office, indicated that because that portion of the property enjoined a canal, it was felt that planting something would obscure the view of the water. C/M Disraelly MOVED for the acceptance of the Landscape Plan, as approved by the Beautification Committee, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. c) C/M Disraelly confirmed the fact that a Declaration of Restrictions was given in 1978, which was recorded and still in effect. He then MOVED for the acceptance of the Developers Agreement for 2 1/2 ERCs for the Mainlands Center, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. -14- 2/25/81 mr/ 25. Tamarac Gardens - Discussion and possible action to extend the permit for a temporary trailer used for a model/sales facility. SYNOPSIS OF'ACTION: Extension approved, as of 1/2 81, for a six-month period. Tape F & R Builders was represented by Pat Escarilla, who said they will #6 start construction of the model site next week, with removal of the trailer completely thereafter. It was determined, he said, that the permit expired on January 2, 1981. C/M Disraelly confirmed the fact that the extension would be post-dated from January 2, 1981, for a six-month period. He then MOVED for the approval of Tamarac Gardens temporary trailer extension, as of January 2, 1981, for six -months. C/11 Relch SECONDED. VOTE: ALL VOTED AYE. 27. Landscape Requirements - Temp. Ord. #856 - Discussion and possible action to amend Code Section 6 pertaining to landscape requirements in commercially zoned areas. First Reading. SYNOPSIS OF ACTION: Approved on lst reading, as amended. C/M Disraelly stated that the item was placed on the agenda, at his request, because one of the site plans presented to Council did not have a tree in one of the parking islands, which was not the intent of the City, which pertains to Section 2. He said that line 33 should read; "but not withstanding the requirement of one tree, instead of one space. He further stated that Section 1 involves a scrivener's error, where inches are referred to, but should be feet for the width of a driveway. fie also noted that in Section 3, the newly adopted City tree was not included; namely, Tabebuia Argenta, which is called the Tree of Gold. C/M Disraelly read Temp. Ord. #856, and MOVED for its approval on first reading, as amended above. C/W Kelch SECONDED. V/M Massaro inquired whether treeswould not be prohibited, if they were not on the list, and felt the ordinance should be reviewed; which would determine that only those that are named to be prohibited are disallowed, or can anything other than that be used. VOTE: ALL VOTED AYE. 26. Drainage Improvements in the City - Discussion and possible action. SYNOPSIS OF ACTION: Report by City Engineer to be submitted, relating to the next six items to be handled for drainage improvement. C/M Zemel inquired about the list of drainage areas that still require correction, especially in the western portion of the City. lie stated that four additional contracts were awarded, he said, for such drainage improvement. He was interested in having this list updated, as to completion of the improvements, or whether there are existing correc- tions to be handled. Mr. Keating informed Council that they were very busy on the drainage projects throughout the City. In May of 1980, he said, there were several areas in the City, that were considered to be priority, which included Westwood 6, N.W. 100th Terrace, N.W. 103rd Avenue, N.W. 106th Avenue, Westwood Comm. 5, 93rd Avenue, 96th Avenue, 81st Manor, 81st Street, Westwood Comm. 3, in the area from Westwood Drive, from 99th Avenue to 73rd Street. The other areas involved Sunflower, Woodmont, Pine Island Road, University Drive, Brookwood Boulevard, and many others. Mr. Keating indicated that they started with approximately $920,000 for the drainage improvements, and said that since that time, 103rd Avenue was almost completed, in the approximate amount of $140,000. McNab Road and Pine Island Road, he said, were both under construction at this time, with an approximate amount of $75,000; 93rd Avenue in Westwood 5 is under contract, he said, and will begin work next month, -15- 2/25/81 mr/ in the amount of $180,000; 83rd Street in Westwood 5, he stated, was under contract for the start of work next month, with an additional $69,000. Currently under contract, he said, was $470,000 worth of work. Mr. Keating said that the original set of plans produced by Williams, Hatfield & Stoner, indicated the areas recommended for .improvements. He felt that a continuation of the project would be recommended, but could not, at this time, give the priority list. C/M Zemel felt that this priority list should be submitted to Council, in order to be aware of which drainage improvement items should be handled. V/M Massaro indicated that the City Engineer can only plan his pro- cedure for drainage improvements with the allocated monies that have been budgeted, and monies which were received for drainage corrections. She felt that an allocation of preference should be drawn, as to the method of procedure, but should heavy rains occur, the priorities might change. C/M Disraelly referred to the verbatim minutes of 5/29/80, which dis- cussed the drainage, and a request of priorities from Larry Keating. He stated that a list of priorities was submitted by the City Engineer, and a report from WH & S,from a report generated by Nancy Hurlbert, at which time $600,000 was the approximate figure which could be spent. But, he noted that inflation has taken place since that time, and the number of items listed in August 1980, was $2,235,000. Without inflation, he said, 12 mils would have to be generated, in order to accomplish this work. Fie was in favor of an updated priority .list being prepared by the City Engineer, with the cooperation of Williams, Hatfield & Stoner. C/M Disraelly said that the money cannot be spent until it is generated. Mr. Keating said the City has approximately $920,000 to work with, which includes all the contracts and those to be "let" in the near future, will leave the City with $163,000. The priorities are es- tablished and the plans and specifications are waiting to be adver- tised for bid, which is more than the amount of monies that are avail- able. He felt a long term capital improvement plan should be con- sidered, to take care of those priorities that have been identified, but the City would have to establish the generating of the funds. V/M Massaro said that Council was cognizant of the drainage correc- tions in the City and itwas for that reason that the monies were raised, and to accumulate $600,000 into the budget. She felt that the people would not willingly accept a tax increase, when something is not crucially facing them. The Vice -Mayor said this was not a dormant item, but was continuing on a daily basis. The Council members requested that the City Engineer submit a report noting a list of the next six items to be handled, as relates to drainage improvements, to which Mr. Keating indicated that the avail- able monies should be spent, and the work be done as quickly as possible. The City Engineer noted that $160,000 should be held in reserve, for an emergency situation. Tape 28. Home Construction Insurance - Temp. Ord. #859 - Discussion and possible #7 action to amend Code Section 7 to exempt owner -builders of his resi- dence from having to provide construction defect insurance. lst Reading. SYNOPSIS OF ACTION: Tabled to 3/11/81 meeting, for additional input by the City Attorney. C/M Disraelly read Temp. Ord. #859, and noted that the ordinance was instituted by the City Attorney, and related to an exemption of an owner -builder having to provide a $1500 defect construction bond for his own home. He MOVED the adoption of Temp. Ord. #859, on first reading, and C/M Zemel SECONDED. --16- 2/25/81 mr/ V/M Massaro said that an inclusion should be made in the ordinance, and felt that the City Attorney should give consideration, which would relate to the selling of an owner -builder's home, with a required bond or monies paid at that time. She stated that the end of Section 1 should have a time indication, and would request that this item be tabled for further input by Mr. Birken. C/M Zemel MOVED to table the item to the 3/11/81 meeting, for considera- tion.by the City Attorney, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. REPORTS a 29. City Council C/M Zemel discussed the blasting which has been affecting many areas in Tamarac. He indicated that arrangements were made for a "Human Engineer" to determine the toleration of the blasting by the people, on March 11, 1981, at a meeting with members of the County and Com- missioner Craft. He further stated that insurance companies were refusing to approve payment for damages to homes. He additionally stated that the blasting was taking place in an unincorporated area of the County, and not Coral Springs. C/M Disraelly advised that he was in attendance at a meeting of the Broward Delegation meeting on 2/19/81, which related to annexation. Fie further stated that a final hearing was scheduled for 3/20/81 at 2:00 P.M. He said that Senator Stevens discussed two enclaves to be annexed into the City; with Tom Gustafson indicating that all the developers, and/or homeowners, should be advised of the proposed an- nexation. He felt that 100 to 150 letters would have to be mailed, relating to this, which listing has been started. C/M Disraelly said that Comm. Craft recommended that unincorporated areas of the County be annexed into various cities. He recommended that all committees not use the West Conference Room before noon, if possible, because it involves problems with the meeting of the Consumer Affairs Board, who are on duty from 10:00 A.M. to 12:00 Noon - Monday to Friday. He suggested that the City Clerk be notified, as to its use. V/M Massaro was awaiting the correction of the problem of drainage at Commercial Boulevard- & 50th Avenue, which was created by the County. She additionally stated that the lights for 49th and 50th Avenues, are in stock, but Bergeron Construction would have to be out of the area prior to this installation by the County. She also noted that FP&L would have to remove the extra lights which are being paid for by the City. The lights on the east side of Bermuda Club, she said, are in a private right-of-way, which does not have a thru street, and the City is paying for this. This area was being used for parking, she noted. C/W Kelch discussed the interest created for Tamarac Showcase Tape bookings; with booklets in the final stages of preparation. #8 She said that Dr. Murray Greenberg, an artist, is preparing twenty 16 x 20 enlargement photographs, as a donation from the Public Information Committee, to be mounted and presented to the City, for permanent exhibition in the halls. 30. City Manager Mrs. Stuurmans advised that the unleaded gas tank loss at Public Works involved an inbalance of 20% for the meter; which meter has been calibrated, and is in proper accord at this time. -17- 2/25/81 mr/ MEETING WAS RECESSED AT 3:30 P.M., TO BE RECONVE14ED ON 2/26/81, AT 9:00 A.M. MA ATTEST: ASSISTANT CITY CLERK This p blic document was promulgated at a cost of $ crI4 &t) , 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. APPROVED BY /pip/ CITY COUNCIL ON 1 i -18- 2/25/81 mr/