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HomeMy WebLinkAbout1981-03-25 - City Commission Regular Meeting Minutes7p r 'u -r _ : P. O. BOX 25010 TAMARAC, FLORIDA 33320 FIRST CLASS MAIL CITY OF TAMARAC, FLORIDA CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, MARCH 25, 1981 CALL TO ORDER: 9:30 A.M. ANNOUNCEMENT OF TIME ALLOCATIONS - MOTIONS TO TABLE - The Chair at this time will announce those items which have been given a speci- fic 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. PRESENTATIO14S AND AWARDS 1. Beautification Week - Presentation of a Proclamation. by Mayor Falck declaring the week of May 2-10, 1981, as "Beautification Week in the City of Tamarac". /,25/81-Pg.3 roc. read by Ivor Falck. 2. Certificate of Appreciation - Presentation of a Certificate of /25-Pg-.3- Appreciation by Mayor Falck to Mr. Phil Pisano in recognition FTesentedby of his contributions to "Cypress Creek Commons - Tamarac ayor Falck. Veterans Memorial Park". 3. Employee of the Month - Presentation of awards by Laura /25 Pgs.2,3- Stuurmans, Acting City Manager, to the "Employee of the Month" pan./N.Hoopes, for the months of January and February, 1981. b. /F.Cahill. 4. Employee Service Awards - Presentations by Laura Stuurmans, /25-Pg.2- Acting City Manager, of Five -Year Pins to Arlene Malusky of esentation the Police Department, William (Pat) Kieley of the Building nade by Laura Department and Harry Walzer of the Public Works Department. tu=ans. 5. Consent Agenda - Items listed under Item #5, Consent Agenda, /25 Pg.3- are viewed to be routine and the recommendation will be enacted ),b),d),e),f), by one motion in the form listed below. There will be no and g) Approved. separate discussion of these items. If discussion is desired, /25-Pgs.13,14- then the item(s) will be removed from the Consent Agenda, and )Approved for will be considered separately. ayment. a) Minutes of 2/25/81 -- Regular Meeting - Approval recommended by the City Clerk. b) Minutes of 2/26/81 - Reconvened Regular Meeting - Approval recommended by the City Clerk. c) Alan F. Ruf - Consulting Attorney -- $400.00 -- 3/20/81 - Approval recommended by the City Attorney. d) Muller, Mintz, Kornreich, Caldwell & Casey, P.A. - Special Counsel - $78.00 - 3/5/81 - Approval recommended by the City Attorney. W e) Mitchell Ceasar - Grants Consultant - $1,250.00 - 3/9/81 - Approval recommended by Acting City Manag3r f) Triple R Paving, Inc. - 1980 Drainage Augmentation - 88th Avenue and McNab Road - $41,211.00 - 3/6/81 - Approval recommended by City Engineer. g) Frenz Enterprises, Inc. - T.U. West Plant No. I - $5,900.00 - 3/12/81 -- Approval recommended by City Engineer. GENERAL ADMINISTRATIVE/FINANCIAL 6. Bid Award - Employee Group Insurance -- Temp. Reso. #1868 - Discussion and possible action to award a bid for hospitali- zation, medical, surgical and life insurance. 7. Bid Award - Police Department - Temp. Reso. #1869 - Discus- sion and possible action to award a bid for the sale of surplus weapons (shotguns). p a r-P Twn 1/25-Pgs.3,4- warded to Assoc. 'onsult in amt.of ;234,006,as amend /25-Pg.2-Told. .t request of City Mgr. 8. Finance Department -- Personnel - Discussion and possible /25-Pgs.4,5-Appv action on a request to extend a temporary Accounting Clerk I for cont.of two position for six (6) months for inventory purposes. s.,rpt.to Coun. 9. Milledge and Hermelee - Special Counsel - Discussion and /25-Pg.7-Appvd. possible action to approve an invoice in the amount of ith report to be $18 , 3 8 3.4 7 and a budget adjustment for these funds. rubmitted. 10. Alexander Grant and Co. - Discussion and possible action on proposal for the preparation of the Audit for FY 1980/81 (tabled from 3/11/81). 11. Florida Innovation Group - Discussion and possible action on request to join this organization (tabled from 3/11/81). 12. Edgewater Village Recreation Facility - Discussion and possible action on use of this facility by the Tamarac Recreation Department. 13. Emergency Medical Services - Temp. Reso. #1870 - Discussion and possible action on renewal of Agreement with Broward County for one year. 14. _1utual Fire Aid Interlocal Agreements - Discussion and ;_:ossible action on approval to execute two agreements to provide firefighting assistance: a) City of Lauderdale Lakes - Temp. Reso. #1871 b) City of Lauderhill - Tem . Reso. #1872 /25-Pg.l-Thld. o 4/8/81. /25-Pgs.5,6- tyy to contract ith FIG for 12 me /25-Pgs.7,8- ppvd.Cty.named s co-insurer. /25-Pg.8- dopted-R-81-55 . /25-Pg.8- )Adptd. R-81-56. )Adoptd.R-81-57. 5. Florida BoatingImprovement p Program - Temp. Reso. #1874 - /25-Pgs.1', ,18- Discussion and possible action to permit the administration ppvd. ,Cty.Plnnr. to submit an application for a boating grant and to as liason,proper authorize execution of an Agreement with the Florida Depart- Dfficials to ment of Natural Resources for such grant. Dxecute. 16. Tamarac Radio Relay League - Discussion and possible action /25-Pg.1-Thld. to allow this organization to use the City Hall transmitter o 4/8/81 for tower in the event of a hurricane or other disaster. pt.from League.. PUBLIC HEARING - 2:00 P.M. 17. Home Construction Insurance - Temp. Ord. #859 - Discussion /25-Pg.14-Adptd. and possible action to amend Code Section 7 to exempt owner/ n second reading. builders of his own residence from having to provide con-- 0-81-9. struction defect insurance. (Second Reading) C J LEGAL AFFAIRS PAGE THREE 18. Reserve Units - Land Use Plan - Temp_. Reso. #1855 - Dis- /25 Pg.13-Tbld. cussion and possible action on establishing procedure whereby to 4/8/81,as arrant dwelling units on a parcel of land may be increased, ferred to CtyAt 19. Trade In of Personal Property - Temp. Ord. #862 - Discussion /25-Pg.14- and possible action to permit the trade in of City motor dptd.on first vehicles and other personal property. (First Reading) reading. 20. Leadership Housing, Inc. - Land Dedications - Temp_. Reso. /25-Pg.1-Told. #1876 - Discussion and possible action to accept a deed for verif .of tax offered by Leadership Housing, Inc., for various parcels of at req.of City Aty land throughout the City. 21. All. Service Refuse Co. - Renewal of Commercial Garbage Collection Franchise - Temp. Ord. #864 - Discussion and possible action to renew this franchise for one year. (First Reading). 22. Browning Ferris Industries - Renewal of Commercial Garbage Collection Franchise - Temp. Ord. #865 - Discussion and possible action to renew this franchise for one year. (First Reading) /25-Pg.14-Adptd. n 1st rdg.stment o be sub.from ty.Clk.as to eceipt of auth. udit. /25-Pg.15- ame as above. 23. County Waste, Inc. - Renewal of Commercial Garbage Collection 3/25-Pg.15-Same Franchise -- Temp. Ord. #866 - Discussion and possible action as above. to renew this franchise for one year. (First Reading) 24. Industrial Waste Services - Renewal of Commercial Garbage Collection Franchise - Temp. Ord. #867 - Discussion and possible action to renew this franchise for one year. (First Reading) 25. Ronkoma Corporation - Renewal of Commercial Garbage Collec- tion Franchise -- Temp. Ord. #868 - Discussion and possible action to renew this franchise for one year. (First Reading) 26. Southern Sanitation Service - Renewal of Commercial Garbage Collection Franchise - Temp. Ord. #869 - Discussion and possible action to renew this franchise for one year. (First Reading) 27. United Nations Commemorative Stamp - Temp. Reso. #1875 - Dis- cussion and possible action to protest the United Nations issuance of an emblem or stamp praising the actions of the Palestinian Liberation Organization. COMMUNITY DEVELOPMENT 28. Sunflower Sh2pping Center - Sign Waiver - Temp. Reso. #1873 Discussion and possible action on a waiver ^of the Sign Ordinance relating to color of the directory sign. 29. Imperial Florist (Commercial Garden Mall) - Sign Waiver - Temp. Reso. #1879 - Discussion and possible action on a waiver of the Sign Ordinance for a sign on the west wall (agendized by V/M Disraelly). 3/25-Pg.15-Same as above. 3/25-Pg.15-Same as above. 3/25-Pg.16- Same as above. 3/25-Pg.16- Adopted.R-81-59. -�/25-Pgs.6,7- doDted. R-81-60. 30. Fairways III - Model Sales Facility - Discussion and possible action on a request for a temporary model sales trailer and a waiver of the 300-foot distance requirement between the trailer and the units. 31. Versa illes Gardens (Colony_Club) - Model Sales Facility - Discussion and possible action on a request to permit a model sales facility and a waiver of the parking requirements. /25-Pg.10- Adopted.R-81-61. 3/25-Pg.1-Tabled at request of City Attorney. 3/25-Pgs. 10, 11, 12-Tabled to no later than seoDnd meeting in April- J 32. Cummings Plat - Discussion and possible action on: a) Rescission of plat approval of October 9, 1980 by Temp._ Reso #1867. b) New Plat approval - Temp. Reso. #1866. 33. Northwood II - Revised Site Plan - Discussion and possible action on a revised site plan for an enlarged recreation building. 34. Lakeside - Site Plan Extension - Discussion and possible action on a request to extend approval of a site plan. 35. St. Malachys Church - Bond Release - Temp. Reso. #1877 - Discussion and possible action on the recommendation of the City Engineer to release a performance bond posted for on - site and off -site improvements. 36. Springlake I - Bond Release - Temp.rReso. #1878 - Discussion and possible action to release a performance bond posted for public improvements upon receipt of a one-year warranty bond. 37. Drainage Improvements - Reports, discussion and possible action. plyajosT0.4W 38. City Council 39. City Manager 40. 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 Carol A. Evans Assistant City Clerk k!ZAT@ WSTH7 3/25-Pgs.9,10- a)Appvd. R-81-62 b)Tbl.d.for further cons., $13 recording fe( 3/25-Pgs.16,17-- dptd.w/regment. of 3 addnl.trees to be installed. /25-Pg.17-Ext. appvd.for addl.6( days,from 3/22/81 3/25-Pg.17- Adptd. R-81-63. 3/25-Pg.17-Adptd. sub.to receipt W warranty bond foi $87,745.R-81-64. 3/25-Pgs.18,19, 20-Report by City Engr. 41. Bid Authorization - Burster/Decollator for the Burroughs 3/25,Pg. 2,Agen. possible action. West - ... — _ by Cons.,Pg. 20, � yUtilities- Discussion and Computer System at Tamarac C/Mgr. Guth. to go to bid. 1 CITY OF TAMARAC, FLORIDA REGULAR CITY COUNCIL MEETING MARCH 25, 1981 CALL TO ORDER: Mayor Walter Falck called the meeting to order on Wednesday, March 25, 1981, at 9:30 A.M., in the Council Chambers. ROLL CALL: PRESENT: Mayor Walter W. Falck Vice -Mayor Irving M. Disraelly Councilwoman Helen Massaro Councilman Irving Zemel Councilman Philip B. Kravitz ALSO PRESENT: Acting City Manager,Laura Z. Stuurmans City Attorney, Arthur 11. Birken Assistant 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 reviewed the scheduled items on the Agenda. GENERAL ADMINISTRATIVE/FINANCIAL 16. Tamarac Radio Relay League - Discussion and possible action to allow this organization to use the City Hall transmitter tower in the event of a hurricane or other disaster. SYNOPSIS OF ACTION: Tabled to 4/8/81, for a report from the League. V/M Disraelly D40VED to Table this item to the next regular meeting, for a report which will be forthcoming from the League, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. 10. Alexander Grant and Co. - Discussion and possible action on proposal for the preparation of the Audit for FY 1980/81.(tabled from 3/11/81) SYNOPSIS OF ACTION: Tabled tb 4/8/81 C/M Kravitz MOVED to Table this item to the next regular meeting, and C/W Massaro SECONDED. VOTE: ALL VOTED AYE. C014MUNITY DEVELOPMENT 30. Fairways III - Model Sales Facility - Discussion and possible action action on a^request for a temporary model sales trailer and a waiver of the 300-foot distance requirement between the trailer and the units. SYNOPSIS OF ACTION: Tabled at the request of the City Attorney, for acceptable easement and option agreement. V/M Disraelly MOVED to Table this item, and C/W Massaro SECONDED. VOTE: ALL VOTED AYE. LEGAL AFFAIRS 20. Leadership ^Housing, Inc. - Land Dedications - Temp. Reso. #1876 - Discussion and possible action to accept a deed offered by Leadership Housing, Inc., for various parcels of land throughout the City. SYNOPSIS OF ACTION: Tabled for verification of taxes, at the request of the City Attorney. C/W Massaro MOVED to Table the item, and C/M Yravitz SECONDED. VOTE: ALL VOTED AYE. -1- 3/25/81 mr/ GENERAL ADMINISTRATIVE/FINANCIAL 7. Bid Award - Police Department - Tem . Reso. #1869 - Discussion and possible action to award a bid for the sale of surplus weapons(shotguns). SYNOPSIS OF ACTION: Tabled, at the request of the City Manager. C/M Zemel MOVED to Table the item, and C/W Massaro SECONDED. VOTE: ALL VOTED AYE. 41. Bid Authorization -- Burster/Decollator for the Burrou hs Computer System at Tamarac Utilities West - Discussion and possible action. SYNOPSIS OF ACTION: AGENDIZED BY CONSENT (See page 20) C/W Massaro MOVED to AGENDIZE BY CONSENT an item relating to the Burster/ Decollator, for the Burroughs 800 System Computer billing, and V/M Disraelly SECONDED. VOTE: ALL VOTED AYE. PRESENTATIONS AND AWARDS 4. Employee Service Awards - Presentations by Laura Z. Stuurmans, Acting City Manager, of Five -Year Pins to Arlene PZalusky of the Police Depart- ment, William (Pat) Kieley of the Building Department and Harry Walzer of the Public Works Department. SYNOPSIS OF ACTION: Presentation made by Mrs. Stuurmans. Mrs. Stuurmans presented the Five -Year Pins to Arlene Malusky, Pat Kieley; and Harry Walzer, who was terminating his employment with the City this week. 3. Employee of the Month - Presentation of awards by Laura Z. Stuurmans, Acting City Manager, to the "Employee of the Month" for the months of January and February, 1981. SYNOPSIS OF ACTION: January,to Nora Hoopes, Building Department; and February, to Frank Cahill, Utilities East Department. Mrs. Stuurmans indicated that the Employee for the Month of January was aware of her award, and read the "kind words" which prompted this. "She is one person who can function in all clerical positions within her department, and sometimes does when other employees are absent and unable to complete their work. She has assisted in training others who have been employed since her arrival, and assumed additional responsi- bilities." She recognized the fellowship and good wishes of her other employees, by naming Nora Hoopes,as Employee for the Month of January. The City Manager said that the Employee for the Month of February, has been described as"an individual who carries out the requirements of his job in a professional manner, and is able to interface with resi- dents and the City, when problems occur. The position involves a 24 hour responsibility for the maintenance of water and sewer facilities, and by continuing the education on technical aspects of the utilities, this employee constantly improves his ability to perform in an exemplary manner." She said this employee, for his expertise, his willingness to do work over and beyond, with a ready smile,di.d indicate Frank Cahill was named as Employee for the Month of February. Both employees were given Certificates and presented with Dinner for Two at Triggs Restaurant, by,the City Manager; also, noting that their names would be the first to be listed on the Plaque for 1981. C/W Massaro thanked these employees for their excellent work and per- serverance; also, noting that Pat Kieley has given cooperation in his electrical inspections. She also stated that Mrs. Hoopes position was quite difficult, and has done a superb job. -2-, 3/25/81 mr/ J Mayor Falck recognized Pat Kieley for his work on the Pension Board, which involved many contributions that were beneficial to the employees. Al Miller, the Chief Building Official, praised the employees of his department, especially including Nora Hoopes and Pat Kieley. 2. Certificate of Appreciation - Presentation of a Certificate of Appre- ciation by Mayor Falck to Mr. Phil Pisano in recognition of his contri- butions to "Cypress Creek Commons - Tamarac Veterans Memorial Park". SYNOPSIS OF ACTION: Presented by Mayor Falck Mayor Falck made the presentation, and indicated that all sign designa- tions in the City, especially for Cypress Creek Commons, was being recognized this day, for meritorious civic service that was performed by Phil Pisano. V/M Disraelly indicated that Mr. Pisano has worked with the Beautifica- tion Committee, and presented projects that were within the purview of the ordinances, which were less troublesome than others. He further added that the Cypress Creek Commons sign was donated as a gift to the City. 1. Beautification Week - Presentation of a Proclamation by Mayor Falck declaring the week of May 2-10, 1981, as "Beautification Week in the City of Tamarac". SYNOPSIS OF ACTION: Proclamation read by Mayor Falck Mayor Falck read the Proclamation, and indicated that it will be mailed to the Ft. Lauderdale and Broward County Chamber of Commerce. The City Manager advised that routinely, during the year, there are two clean-up programs in cooperation with Browning -Ferris Industries; which will occur during the Beautification Week. She also stated there will be an active campaign within the Public Works Department, for a City-wide effort of beautifications, and encouraging a beautification effort of private homes. 5. Consent A enda a) Minutes of 2/25/81 - Regular Meeting -- Approval recommended by the City Clerk. b) Minutes of 2/26/81 - Reconvened Regular Meeting - Approval recom- mended by the City Clerk. c) Alan F. Ruf - Consulting Attorney - $400.00 - 3/20/81 -- Approval recommended by the City Attorney. d) Muller, Mintz, Kornreich, Caldwell & Casey, P.A. - Special Counsel - $78.00 - 3/5/81 -- Approval recommended by the City Attorney. e) Mitchell Ceasar - Grants Consultant - $1,250.00 - 3/9/81 - Approval recommended by Acting City Manager. f) Triple R Paving, Inc. - 1980 Drainage Augmentation - 88th Avenue and McNab Road - $41,211.00 - 3/6/81 - Approval recommended by City Engineer. g) Frenz Enterprises, Inc. - T.U. West Plant No. 1 - $5,900.00 - 3/12/81 -- Approval recommended by City Engineer. SYNOPSIS OF ACTION: a), b), d), e), f) and g) Approved, with c) Removed for discussion later in the day. (See pages 13 & 14) V/M Disraelly MOVED that Item c) be held for discussion later in the day, and a) and b), be Approved, as amended, with Items d), e), f), and g), to be Approved, as presented. C/W Massaro SECONDED. VOTE: ALL VOTED AYE. GENERAL ADMINISTRATIVE/FINANCIAL 6. Bid Award - Employee Group Insurance - Temp. Reso. #1868 - Discussion and possible action to award a bid for hospitalization, medical, sur- gical and life insurance. :SIM 3/25/81 mr/ SYNOPSIS OF ACTION: Awarded to Associa- tion Consultants, in the amount of $234,000, as amended. RESOLUTION 14O. R- / -� � PASSED. The City Attorney read Temp. Reso. #1868, Mayor Falck referred to a memorandum from Judy Deutsch, the Insurance Technician, dated 3/23/81, which gives the detailed information of the current rate of $204,000, with Prudential Insurance. Under the pro- posed rate revision, it would increase to $302,000. He also noted that that the Association Consultants has submitted a bid for $234,000. It was confirmed by V/M Disraelly, that the Association Consultants was the self-insurance fund of the League. Judy Deutsch responded to a question by C/W Massaro, by stating that the life insurance coverage was reduced by 50%,over age 70. She further stated that it was $10,000 for the City Council members, and $5,000 at age 70. She additionally stated that the policy will expire 12 months from April 1, 1981, or until either party gives notice of Intent to Cancel, which will be by calendar year. Mrs. Deutsch responded to a question by the City Attorney, by stating that the premiums were based on the City's specifications, which were identical to the current coverage. Mrs. Deutsch advised that all previous medical claims which were sub- mitted prior to April lst, 1981, will be recognized towards the deduct- ible figure. Dan Rachman, of Prudential Insurance, thanked the City for the relation- ship he has had for the past 15 months, but could not comment on self- insurance, due to the lack of such experience. C/W Massaro MOVED to adopt the bid of the Association Consultants, for the employees group insurance, in the amount of $234,000.00, and V/17 Disraelly SECONDED. (Florida Municipal Trust Fund, Inc.) Mr. Birken recommended an amendment to Section 1; "with coverage to commence at 12:01 A.M. on April 1, 1931", to which C/W Plassaro concurred, as inclusion in her MOTION. VOTE: ALL VOTED AYE. Mayor Falck felt that the City should not be going out for bid on a continuing basis, and was his opinion that the Charter Board look into this. 8. Finance De artment - Personnel - Discussion and possible action on a Tape request to extend a temporary Accounting Clerk I position for six (6) #2 months for inventory purposes. SYNOPSIS OF ACTION: continuation of two to Council at that Position approved for a (2) months, with a report time. Mrs. Stuurmans said this item was requested regarding a memo from the Purchasing Officer, indicating the projection of another six months, for the completion of the fixed asset inventory, that is currently being prepared by the Finance Department. She further stated that the remainder of the work will primarily involve Utilities West and East, It was noted, she said, by the Finance Director, that there are monies in the salaries account, to fund the amount of $5,023.39, with a 75-- 25% split. The City Manager indicated that the Auditors felt this was an area of the City's control system, which was necessary to pursue as quickly as possible. V/M Disraelly said that as long as there is no financial expense or additional budgeting required, he MOVED that the Finance Department be authorized for the personnel to complete this work. V/14 Disraelly responded to a question by C/M Kravitz, that this is an audit to create a self --insurance fund, which could not commence, until a determination was made of inventory..and locations. -4-- 3/25/81 mr/ � r r C/M Kravitz inquired as to the length and continuation of the inventory term, to which C/W Massaro concurred. She felt that a system of control should be established. The City Manager said that she addressed questions to the Finance Director, relating to the length of time involved for inventory, to which Mr. Wood responded that the work was underway to reconstruct from prior years. Also, as items are being procured by the City now, they are being added to the ledger books which have been created, with a property control book, to be utilized by all the departments. This, she said, would not only include the aspect of fixed asset control, but the routine handling of stock inventory control items, such as gaskets, fuses, and so forth, which would be kept on hand within the Public Works area. Mrs. Stuurmans indicated that this book is being typed, and is a portion of the work which involves this employee. C/M Zemel SECONDED the motion, in order for discussion to be held. C/M Kravitz said that he would AMEND the MOTION to continue for a period of two (2) months, and then review this, and if necessary, to extend it to the six (5) months period. It should be examined whether inventory is required for such a lengthy period, he said. C/W Massaro SECONDED THE AMENDMENT. Mayor Falck expressed a desire for the completion of the inventory, because he could then proceed with Council's directive to establish a self --insurance fund. V/M Disraelly advised that the present inventory includes a permanent record of everything that exists, and its value could be determined as relates to the self --insurance fund. He felt,if the work was com- pleted prior to the established time, that the Finance Director would terminate that person. A vote was called on the AMENDED MOTION, for a continuation of a two (2) month period. VOTE: ALL VOTED AYE. 11. Florida Innovation Group - Discussion and possible action on request to join this organization (tabled from 3/11/81). SYNOPSIS OF ACTION: City to contract with the Florida Innovation Group, for a period of 12 months, at a cost of $1,500, effective 4/1/81. C/M Zemel indicated that he distributed a memo to Council, as to his discussion with Dick Anderson, of the Florida Innovation Group, and the services involved. He felt that $1,500.00 for one year's service, would be well spent, and MOVED to approve this. C/W Massaro requested discussion of this item, prior to a motion being made, for its approval, to which C/M Zemel WITHDREW HIS MOTION at this time. She felt that action should be withheld until a determination has been made with the grant. Dick Anderson advised that the membership period would run for one(12 mos) calendar year, after approval by the City. He further added that they have been fundd.d by the Federal Government for Fiscal Year 81/82, which funding may expire in the Federal Fiscal Year, or June 30th. It was noted by Mr. Anderson that the initial proposal was to participate with Federal Funding for the first three (3) years of operation, and would then be phased out. V/M Disraelly inquired about the area of propane gas for vehicles, which involves cities instituting this gas, with a two-way carburetor, to switch from propane to regular gasoline. Fie felt this was a tremendous saving for the City, and was an important consideration. Mr. Anderson said there were numerous discussions relating to dual propane mixtures of gasoline conversion, with costs varying from $900 to $1800, and could possibly be late summer before they could determine the most effective conversion. He additionally stated that propane has -5-- 3/25/81 mr/ a relative shorter range than gas, and adapts itself well to municipal heavy vehicles. The concern, he said, in the initial test, related to availability of propane or gasoline. A third possibility, he noted, was under consideration, of using straight or modified alcohol, as a last resort. C/M Kravitz inquired as to present other City membership, to which Mr. Anderson stated the figure was 20, with 36 pending, and the year would be 12 months from date of approval. Mr. Anderson stated that they were not totally funded, but partially, and to seek Federal assistance, in the first three years of operation; with 100% funding for the first year, 40% for the second, and 15% for the third. He further stated that $60,000 would have to be made-up from this date to the month of October, 1981. C/W Massaro felt that a 60-day waiting period should take place. Mr. Anderson indicated that the membership fees range up to $5,000.00, and is based on population. Fie also noted that $300,000 was needed for this year, with their budget being between $250,000 and $300,000, which would involve projects that are requested by some of the member cities. Mr. Anderson said that Federal funding was to be $100,000.00. C/M Zemel felt that Councilwoman Massaro's comments were well -taken and worthwhile, as to an organization remaining in -business, due to a commitment of monies to be expended by the City. He MOVED that the City of Tamarac contract with the Florida Innovation Group, for the period of 12 months, at a cost of $1,500.00, for the services to be provided by that organization, effective April 1, 1981. V/M Disraelly SECONDED THE MOTION. VOTE: ALL VOTED AYE. Mrs. Stuurmans indicated that she would have a Budget Adjustment pre- pared, for the next meeting, which would provide for the funding, from the City Manager's Salary to City Manager Outside Services. COMMUNITY DEVELOPMENT 28. Sunflower Shopping Center - Sign Waiver - Temp. Reso. #1873 - and possible action on a waiver of the Sign Ordinance relating of the directory sign. SYNOPSIS OF ACTION: Adopted RESOLUTIO14 NO. R- CS - 0 Q The City Attorney read Temp. Reso. #1873. Discussion to color PASSED. V/M Disraelly indicated that this item was presented to the Beautifica- tion Committee; also, noting there is presently a standing sign at the shopping center, which is a "ground sign", and only indicates the name "Sunflower Plaza". The Center was interested in combining this to a ground and directory sign, without erecting a second sign. He further stated that the present ordinance gives a maximum height for the letters to eight (8) inches; also, stating four (4) inches between names to be placed on the sign. It was suggested that all the names be placed on the present sign, on either side, which will be double-faced; in red lettering, which is the current criteria for the shopping center. The Beautification Committee, he said, did not recommend extending the width of the sign, due to a traffic hazard. The Committee stated that the owner of the center; Mr. Strachman has changed signs, at his own expense, in order to conform to the City's ordinances. The owner also mentioned at that particular meeting, that the top of the sign has the letters of the plaza in yellow letters, on green, and would repaint this to conform to the plaza colors, in red and tan. At the Beautification Committee meeting, which was held Friday, 3/20/81, a motion was approved, granting a ground and directory sign combined, with the letters of such size, to permit all the names of the shop owners. He then MOVED for the ADOPTION of Temp. Reso. #1873, approving a waiver to the sign ordinance, and C/W 14assaro SECONDED, but was not pleased with it. Ray Baade, Chairman of the Beautification Committee, advised that this was not setting a precedent, due to a previous approval, by Council, of -6- 3/25/81 mr/ a ground and directory sign for Commercial Plaza. V/M Disraelly confirmed the fact that the sign was presently existing, and would not require any changes, but merely add the shop owners names to the present spaces, to which C/W Massaro withdrew her comments, and indicated that she did not object at this time. VOTE: ALL VOTED AYE. GENERAL ADMINISTRATIVE/FINANCIAL 9. Milledge and Hermelee - Special Counsel - Discussion and possible action to approve an invoice in the amount of $18,383.47 and a budget adjustment for these funds. SYNOPSIS OF ACTION: Approved, with report to be submitted Joy ie ge & tiermelee, as to status of airport flights. The City Attorney said this item was on the last agenda, with inquiries as to which area the monies would come from. He further added that the services were incurred, and the work completed, and would recommend approval by Council at this time. C/W Massaro felt that information should have been submitted indicating what could or could not come into the airport, and regulations involved. Mr. Birken reiterated that the bill was for time spent during the trial, with an hourly basis billing, and some thousands of dollars were de- ducted, but were seeking compensation for the time that was spent during the trial. Tape Mayor Falck said that clarification was to be obtained on airport regu- #3 lations, but felt the expenses were incurred, and the City has no re- course but to pay the bill. V/M Disraelly said that C/W Massaro's point was well taken, and the City should be advised as to the type of planes that can or cannot come into the airport, plus the status of the glide pattern, and runway ex pansion. Services, he said, were performed, with a figure adjustment, and it was incumbent upon the City to pay them, for the services for which they were engaged. V/M Disraelly MOVED to pay the bill, and $18,000.00 from line item Account #1-872-581-901 of the budget named Contingency, be transferred to line item Account #1--106-514-310, named City Attorney - Outside Services. The balance in the account from which the monies are trans- ferred was $257,785.00 prior to the transfer, and will be $239,785.00, subsequent to the transfer. The amount of money in the account to which the monies are to be transferred was $11,462.06, prior to the transfer, and will be $29,462.06, subsequent to the transfer. He further recommended that a report be submitted by Milledge & Hermelee, as to the status of the situation, insofar as what can or cannot land, and the duties of the Airport Manager in the control of that airport. C/M Zemel SECONDED the MOTION. VOTE: C/M Kravitz - Aye C/M Zemel - Aye C/W Massaro - Nay V/M Disraelly - Aye Mayor Falck - Aye 12. Edgewater Village Recreation Facility - Discussion and possible action on use of this facility by the Tamarac Recreation Department. SYNOPSIS OF ACTION: Approved, as noted in the 3 4 81 letter, with particular responsibilities to be performed by the City; with the City named as co-insurer. The City Manager indicated a request was made by the Recreation Direc- tor, for a letter to be addressed to Edgewater Village, indicating the various activities involved in Tamarac. She further added that a reply was received, as to permitting the City to use their recrea- tion facilities,with internal maintenance of the area, garbage collec- tion, and co-insurance. Mrs. Stuurmans responded to a question by C/M Zemel, as to pay -telephone installation only. -- 7 - 3/25/81 mr/ V/M Disraelly MOVED to accept the offer of Edgewater Village Recreation Facility, for the use of the Recreation Department, for proposed classes, as outlined in the letter of 3/4/81, and that the City be responsible for trash pick-up, installation of a pay telephone, cleaning of the facility, as required, with co-insurance from Edgewater Village, naming the City as a co-insurer, as long as this offer is still permitted. C/M Zemel SECONDED the MOTION. VOTE: ALL VOTED AYE. 13. Emergency Medical Services - Tem . Reso. #1870 - Discussion and possible action on renewal of Agreement with Broward County for one year. SYNOPSIS OF ACTION: Adopted RESOLUTION NO.R- Z1`1S PASSED. The City Attorney read Temp. Reso. #1870, and V/M Disraelly MOVED for its adoption, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. 14. Mutual Fire Aid Interlocal Agreements - Discussion and possible action on approval to execute two agreements to provide firefighting assistance: a) City of Lauderdale Lakes - Temp. Reso. #1871 b) City of Lauderhill - Temp. Reso. #1872 SYNOPSIS OF ACTION: a) and b) Adopted RESOLUTION NO.R- e/_%:5Z PASSED. RESOLUTION NO.R- / - 6-Z PASSED. a) The City Attorney read Temp. Reso. #1871, and advised Council that the Agreements were negotiated among the City Attorneys, and assumed that the Fire Chiefs were also involved. He felt that it was quite comprehensive and a good agreement, and would recommend such ap- proval. C/W Massaro inquired as to the response time, when the equipment has to be used in Tamarac, to which C/M Zemel replied that no City sends out the amount of equipment which would involve danger to their own areas. Also, he said, all the other cities are alerted, as to an event requiring equipment immediately. V/M Disraelly indicated that these agreements clarify as to "who is in charge", and further states that the calling company, or the Chief on the spot, is in charge. lie further stated that indemnities and duties of the Fire Chief are spelled -out, and a definite command under taken. C/M Zemel said that these agreements involve a safe -harmless clause, and the responding Fire Department cannot be sued, or have claims made against them, because of the fire or surrounding activities. Mr. Birken confirmed the fact that without an agreement, the ground rules would be left open and unresolved, until the time of a calamity. Mayor Falck concurred with the adoption of the resolutions, and was not aware of the effect on the City's total fire rating structure, but should be favorable, and was improving the City's position. V/M Disraelly said that the effective date of the agreement occurs when the other cities sign it. C/M Zemel MOVED for the ADOPTION of Temp. Reso. #1871, authorizing the execution of Mutual Fire Aid Interlocal Agreement, with the City of Lauderdale Lakes, and V/M Disraelly SECONDED. VOTE: ALL VOTED AYE. b) The City Attorney read Temp. Reso. #1872, and C/M Zemel MOVED for its ADOPTION for Mutual Aid Interlocal Agreement, with the City of Lauderhill, and V/M Disraelly SECONDED. VOTE: ALL VOTED AYE. 3/25/81 mr/ COMMUNITY DEVELOPMENT 32. Cummings Plat - Discussion and possible action on: a) Rescission of plat approval of October 9, 1980 by Te_mp.Reso.#1867. b) New Plat approval - Tem . Reso. #1866. SYNOPSIS OF ACTION: a) -Approved; and RESOLUTION NO.R- C�(a�. PASSED. b)-Tabled for further consideration by City Attorney and Council-- $13.00 Recording Fee due for Development Review Agreement. a) The City Attorney read Temp. Reso. #1867, and indicated that dis- cussion was held at the previous meeting, with three parcels being included in the plat, which was approved by the City. Two of the owners, he said, did not want to pay County Impact Fees, and decided to not plat. But, he noted, that Mr. Cummings, the owner of the third parcel is anxious to move forward, and this resolution will rescind the first plat approval. The next resolution would approve one plat. V/M Disraelly said that the Finance Officer indicated the recording fees for the original agreement was not completely paid to the City, with a $13.00 Development Review Agreement fee still owed by Arthur Logan, which was one of the original plats. lie inquired of the City Attorney, as to combining this into the rescission, to which Mr. Birken responded that it be tied -into the next one. C/W Massaro said this privilege was being given to these people, and would have to be given to others; which she did not favor giving to anybody. When a site plan is submitted, she said, then they could move forward; after all the fees have been paid. Mr. Birken noted that when a plat is submitted, they are not always aware of how they will develop the property. Frequently, he said, a condition for a sale of land, is that the property is approved and recorded, which the buyer may purchase for investment purposes, with no intention to construct anything on the property. The County he said, is assuming that when plats come in, the impact fee will be paid, and there will be a maximum development on the property. Council, he said, could change regulations,as relates to this. lie also noted that a proposal was made to Council a few months previous, not to approve any site plans within six months of the time of plat approval, which Council did not approve. C/W Massaro indicated that the only way to avoid this, would be the requirement to pay the fees at time of platting. V/M Disraelly inquired as to the fee under consideration being for retention, to which C/W Massaro responded this pertained to commer- cial, but residential zoning involved recreation plus retention fees. The City Attorney advised that under the Plat Ordinance, the County allows for maximum possible development on a parcel of property. lie assumed that with drainage, the fee should be charged, and, if development occurs within five years, under the County Ordinance, they would be reimbursed .on a pro rata basis. Mr. Birken further advised Council, that this particular parcel has anapproved agree- ment, with a valid contract. C/W Massaro felt that each one should come in with a plat first, and then submit the site plan, to which Mr. Birken added that many developers come in with their plat and site plan at the same time, with requirement of payment at the time of final approval. lie felt that C/W Massaro was indicating that it was not fair to the person who processes both at the same time; when someone can process the plat, and not pay the fees. Ronald Bough, representing Charles Winningham from the firm of Winningham & Lively, who represent the developers, said that he was not prepared to make any commitment for the developer to pay any fees, because it was never indicated that fees would be brought up for plat review. He did understand there was an outstanding re- cording fee for the first agreement, which could made a condition of the Cummings Plat. =1115 3/25/81 mr/ C/W Massaro requested careful consideration of this item, and that it be tabled, until a determination has been made. V/M Disraelly MOVED to ADOPT Temp. Reso. #1867, a resolution rescinding the approval of the Cummings Plat, which was approved on October 9, 1980, and C/W Massaro SECONDED. VOTE: ALL VOTED AYE. b) The City Attorney read Temp. Reso. #1866, and C/W Massaro MOVED to TABLE this item for further consideration by both the City Attorney and all members of Council, as to the effect it would have on other development and approvals in this City, and C/M Kravitz SECONDED. VOTE: ALL VOTED AYE. 29. Imperial Florist (Commercial Garden Mall) - Sign Waiver - Temp. Reso. #1879 - Discussion and possible action on a waiver of the Sign Ordi- nance far a sign on the west wall (agendized by V/M Disraelly). SYNOPSIS OF ACTION: Adopted RESOLUTION TJO. R- J / �, PASSED. The City Attorney read Temp. Reso. #1879. V/M Disraelly advised that this is another instance of a situation which the Sign Ordinance cannot cover in every aspect. He suggested that the Chairman of the Beautification Committee present this. Ray Baade indicated that the applicant made a presentation at the Beautification Committee meeting two weeks previous, and requested two signs; namely, one on the entrance, which is the west corner of the mall, facing Commercial Boulevard; and also west, facing Burger King. The Committee, he said, only approved the sign over the entrance to the store, and not the one on the west side, because the Sign Ordi- nance permits two signs on a corner location, if such signs are on Tape two street fronts. He noted that the west sign was 300 feet from the #4 intersection of the street running north and south, to the west side of Burger King. Mr. Baade felt that the applicant was entitled to that exposure on the property, because of the east bound traffic on Commercial Boulevard, and will conform to the criteria established by the owner of the mall. The Committee, he said, at a Special Meeting held last Friday, did con- sider the waiver application, with a recommendation that Council approve this, as presented. V/M Disraelly said that Mr. Baade, Dick Ahl and he met yesterday, and discussed other aspects of the signage for that area; which will be a beautiful mall and very unusual. Mr. Baade said that because it is an open mall, many of the tenants will have interior locations, and would require special consideration for their signage. V/M Disraelly MOVED for the ADOPTION of Temp. Reso.#1879, and C/W Massaro SECONDED. VOTE: ALL VOTED AYE 31. Versailles Gardens(Colon Club) - Model Sales Facility - Discussion and possible action on a request to permit a model sales facility and a waiver of the parking requirements. SYNOPSIS OF ACTION: Tabled, to no later than the second meeting in April, for further consideration. The City Attorney advised that representatives for the applicant are in attendance, from out-of-town. C/W Massaro said there are some legal questions, but most of them in- volve contents, because it is impossible to conform to the City's Ordi- nances. She said there are units to be sold, which could not be sold unless permission is granted. V/M Disraelly inquired whether Building 18 will be entirely used as the model sales facility, to which Evan Cross, the City Planner, ad- -10- 3/25/81 mr/ vised that the application states that the models would involve 1600 square feet. The Vice -Mayor noted that the letter to Mr. Cross does indicate 3.5 spaces, but the requirement is 8 spaces, and are re- questing a waiver of the 4.5 spaces. He further stated that the. Model Sales Ordinance does require a site plan, and this shows a building without a site plan, as to its use, and which spaces will be used. Mr. Cross informed Council that the Ordinance requires an overlay for the approved site plan, but Colony Club did not have one, which re- quirement was not necessary at the time. He did state there was a site plan, but was never formally approved by Council. C/W Massaro said there was a legal involvement of the City and Colony Club in 1972,.and there was a site plan. Mr. Cross understood that the models will be where the existing rental office is located, with the first two 1st floor apartments being located adjacent to Lagos de Campo. The units, he said, require parking under the Ordinance, 1.75 spaces each, which is a total of 3.5 spaces. The 1600 feet, divided by 200, is 8 spaces. Jim Palermo, the Attorney from Tampa, representing the developer, felt that he could answer some questions. He said that Ordinance 80-56 was reviewed by him, and was initially geared for new construction. He said this is a conversion of an existing apartment structure to a condominium, and they would like to comply with the sphere of the Ordi- nance, and have filed a waiver. Mr. Palermo said they propose to reserve eight (8) parking places in front portion of Building 18, to be reserved solely for the sales,. office, in Model Unit #103. He added that currently Building #18 has a 25% vacancy factor, and they do not propose to renew leases in this building, if Council does grant the operation of the sales office. As leases approach their due date, tenants will be moved to other buildings, he stated, and that building will be the last building to be sold. He responded to a question by the Vice -Mayor, by stating there are 1 and 2 bedroom apartments, with 2 models and 1 sales office located in this building. C/W Massaro indicated that if the models are moved to another building, a separate sales application has to be submitted, to which Mr. Palermo concurred. She suggested that an overlay be submitted, as requested. Also, she noted that the Fire Prevention Building Code has done sig- nificant work to bring the fire -wall up through the attic space. It was further indicated, she said, by Al Miller, the Chief Building Offi- cial, that the requirements have been met. Additionally, she said, there was a problem with the pipes going through not being properly sealed, but was corrected. The fire walls, she stated, do not meet today's Code, but the City Attorney indicated this was not required, because they meet the existing one when it was a rental unit. C/W Massaro said that she has not had the opportunity to check the drainage with Mr. Keating; and, if given permission to move forward, they would have to comply with the drainage requirements, as per the City Engineer. She was aware that Lagos de Campo was having some drainage problems in the front of the buildings. Mr. Palermo indicated there was a "little puddling" that takes place, which they were aware of, and was being watched, and will be remedied. He advised that the form of ownership was being instituted, and not new construction, but would be a first class facility, which the City of Tamarac would be proud of. He responded to a question by C/W Massaro, by stating that it would be an adult community, but the plans have not been finalized with the Condominium Document. Mr. Palermo stated that he was in the process of preparing these documents, and would be com- pleted within 90 days. C/W Massaro said that the City Engineer has not had the opportunity to review this, and felt that until the document is prepared, nothing could be sold, and the item could be tabled for action. Larry Keating, the City Engineer, said that he looked into the drainage, and found no problems in front, on Lagos de Campo, with no sufficient -11- 3/25/81 mr/ r r � information on file for such determination, to which C/W P4assaro re- plied that if Mr. Keating does not have this, it would be filed in Tony Nolan's office, the Consulting Engineer. Mr. Keating said that he discussed the drainage with Evan Cross, in this subdivision, and found that the design drawings indicate 15 and 18 inch pipes, with one or two 24 inch pipes. He felt that without doing a formal analysis, that the system would not meet the design criteria. The City Engineer said that other than examining the area after a heavy rain, an engi- neering analysis will be necessary. Mr. Palermo informed Council that an engineering analysis of the drainage system was done of the entire project; and, reiterated that they were not remodeling, constructing or physically making changes, but would correct major problems. C/W Massaro indicated that parking was not permitted on private streets, which would involve problems if a fire occurred, to which Mr. Palermo responded that as a restriction to uses on the property, there will be no parking permitted on the streets. He stated that the curbing will be painted in colors to indicate that parking is prohibited; and, pursuant to the Condominium Document, the vehicle would be towed away. Mr. Palermo said that parking would be assigned, with 600 units, and 900 some -odd spaces will be designated. Mr. Birken felt that approval could be given with a condition that this problem be addressed in the Condominium Documents, because they will have to come back in six months if it is not resolved. Mr. Palermo assured Council that the Condominium Documents will defi- nitely indicate no parking on the streets. He also said that an ex- isting lease, with children, would run to January 1982, and is the last date, because a purchase would involve children over 16 or 18 years of age. C/W Massaro advised that when a new project comes in, there is a dedica- tion of either land or a fee in lieu of the dedication, to which Mr. Palermo restated that this is merely a change in ownership, and were not creating anything new, which has been in existence since 1973. He said the park area is restricted for such use only, and could not be changed. He further noted that they were looking into use of the golf course that surrounds the property, but could not make any affirma- tive statements relating to recreation. C/W Massaro suggested that this item be tabled for two weeks, in order to consider the drainage involved and recreation fees. She further stated; 1) they be required to come in with the overlay, if the plan is available, 2) drainage be considered for problems, 3)discuss the park situation, 4) no parking on private streets, and 5) purchase of the condominium apartments being restricted to adults. She MOVED to TABLE for consideration by the City Council, and to come back no later than the second meeting in April. VIM Disraelly indicated as relates to trash collection, that the owners of the property pay for this. But, he said, the City would take over and pay for such collection, per unit, when the entire building is sold. C/W Massaro additionally stated that when a new building is C.O.d, then an interim service fee would be required, to pick up the costs, and would also involve an entire building. C/M Zemel SECONDED the MOTION. VOTE: ALL VOTED AYE. MEETING WAS RECESSED FOR LUNCH TO 1:45 P.M. MEETING WAS CALLED TO OP.DER -- ROLL CALL TAKEN AND ALL PRESENT. -12- 3/25/81 mr/ LEGAL AFFAIRS 18. Reserve Units - possible action a parcel of land Land Use Plan - Temp. Reso. #1.855 - Discussion and on establishing procedure whereby dwelling units on may be increased. SYNOPSIS OF ACTION: Tabled to 4/8/81, as amended. 'Referred to City Attorney, for Ordinance applicability. The City Attorney read Temp. Reso. #1855. He stated that the resolu- tion implements the reserve unit concept which appears in the Tamarac Land Use Plan, and proposes to set forth the requirements in applica- tions for reserve units, fees, and criteria to be applied in review and handling of applications. He noted distribution to Council, of a form, for review of an applica- tion, if the resolution is adopted. Mr. Birken said this resolution was considered by the Planning Commission, which is the Land Planning Agency under State law; with a favorable comment and minor changes, which have been incorporated. Mr. Birken felt there should be another addition; to create a new paragraph 3.3, which would essentially state that the land to be dedi- cated or the fees to be paid, would be due and payable, at the time the application for reserve units was approved. He responded to a question by C/W Massaro, as to instituting this pro- cedure by resolution or ordinance, by stating there is no harm in adopt- ing something by ordinance, but felt that it is not required in this instance, because the basis for the reserve units has been set forth in the Land Use Plan. If, the resolution is adopted, he said, some modifi- cation could be made to the Land Use Plan, by Council. C/W Massaro felt there should be a differential as relates to fees, in order to avoid confusion. She referred to an insertion on page 1, Sec- tion 1, line 13, after dedication of land for "recreational, drainage, or other" municipal purposes. The City Attorney recommended the following language for Section 3 - new paragraph 3.3 ; "The land to be dedicated or the payment in lieu of dedication for recreational, drainage or other municipal purposes, shall be paid or dedicated at the time of approval of an application for reserve units". V/M Disraelly also inquired whether this should be instituted by resolu- tion or ordinance, because the ordinance could be indicated in the Code book, and a resolution used for the establishment of fees. Tape Mr. Birken informed Council that a resolution would be sufficient, be- #5 cause the basis is in an existing ordinance, which is the Land Use Plan. C/W Massaro still favored applying the reserve units by ordinance, and recalled that one of the municipalities was required to return the fees, because it was not initiated by ordinance. She also noted that the Circuit Courts have upheld the County Park Fee. C/M Zemel and V/M Disraelly felt that an ordinance would be a matter of record, because of placing it in the Code Book. The Vice -Mayor also noted a typographical error for the word units, on page 3, line 13. C/W Massaro noted a correction on page 3, line 10, which should read; sole discretion deny an Application for Reserve Units. C/W Massaro MOVED to TABLE this item to the 4/8/81 meeting, and refer it back to the City Attorney, for putting it into ordinance form, and C/M Kravitz SECONDED. VOTE: ALL VOTED AYE. 5. Consent Agenda c) Alan F. Ruf - Consulting Attorney - $400.00 - 3/20/81 -- Approval recommended by the City Attorney. 39915 3/25/81 mr/ r SYNOPSIS OF ACTION: Approved for payment (See page 3) VIM Disraelly MOVED approval of the invoice from Alan F. Ruf,in the amount of $400.00,and C/11 Zemel SECONDED. VOTE: PUBLIC HEARING ALL VOTED AYE. 1.7. Home Construction Insurance -- Temp. Ord. #859 - Discussion and possible action to amend Code Section 7 to exempt owner/builders of his own residence from having to provide construction defect insurance. Second Reading. SYNOPSIS OF ACTION: Adopted on 2nd Reading. ORDINANCE NO.O- �� PASSED. The City Attorney read Temp. Ord. #859. Mayor Falck opened the discussion to the public, and closed it because there were no comments received. C/W Massaro MOVED that Temp. Ord. #859 be APPROVED on second reading, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. LEGAL AFFAIRS 19. Trade In of Personal Property - Temp. Ord. #862 - Discussion and pos- sible action to permit the trade in of City motor vehicles and other personal property. First Reading. SYNOPSIS OF ACTION: Adopted on lst Reading. VOTE: The City Attorney read Temp. Ord. #862, and C/W Massaro MOVED for its ADOPTION on first reading, and V/M Disraelly SECONDED. ALL VOTED AYE. 21. All Service Refuse Co. - Renewal of Commercial Garbage Collection Franchise - Temp. Ord. #864 - Discussion and possible action to renew this franchise for one year. First Reading. SYNOPSIS OF ACTION: Adopted on lst Reading; with statement to be submitted from the City Clerk, as to receipt of certified and notarized Annual Audit, prior to second reading. The City Attorney read Temp. Ord. #864. V/M Disraelly said renewal fees were paid, but inquired whether a certified and notarized annual audit was received, to which the Assistant City Clerk indicated that she was not aware of its receipt. fie recommended, that prior to second reading, a statement be submitted from the City Clerk, as to receipt of the annual audit, which was certi- fied and notarized, as required by the conditions of the Franchise Agree- ment. C/W Massaro suggested that the City Clerk, or whoever is responsible for this, or the Acting City Manager, be instructed to send notices out to the various companies, unless the annual audit has been received. V/M Disraelly MOVED to ADOPT Temp. Ord. #864, providing that prior to second reading, that certification and notarization of the annual audit be reported; and, if fees,are not paid, action can be tabled. C1W Massaro SECONDED. Mr. Birken recommended that a motion be made to adopt all the renewals on first reading individually; with instruction to the City Manager, as a separate item. V/M Disraelly indicated that instructions for all franchise agreements are that they be notified as to receipt of a report. He then withdrew his MOTION, and C/W Massaro, her SECOND. -14- 3/25/81 mr/ C� L _ _J V/M Disraelly MOVED for the ADOPTION of Temp. Ord. #864 on first reading, for All Service Refuse Co., and C/W Massaro SECONDED. VOTE: ALL VOTED AYE. V/M Disraelly instructed the City Manager that all the people be ad- vised to submit a report, that their Annual Audit has been received, certified and notarized. The City Clerk, he said, should make the information available to Council for all the franchise agreements. E C/W Massaro felt that a telephone call be made, with a confirmation by letter. 22. Browning Ferris Industries - Renewal of Commercial Garbage Collection Franchise - TeM2. Ord. #865 - Discussion and possible action to renew this franchise for one year. First Reading. SYNOPSIS OF ACTION:Adopted on lst Reading; with statement to be submitted from the City Clerk, as to receipt of certified and notarized Annual Audit, prior to second reading. The City Attorney read Temp. Ord. #865, and indicated that the proper name for this company should be stated for second reading. V/M Disraelly informed Council that a memo was received, which indicates that the franchise fee of $513.72 has been paid, covering the period ending 1/80 to the present date, but the Annual Audit report has not been submitted. C/W Massaro MOVED for the ADOPTION of Temp. Ord. #865 on first reading, and V/M Disraelly SECONDED. VOTE: ALL VOTED AYE. 23. County Waste, Inc. - Renewal of Commercial Garbage Collection Franchise Temp. Ord. #866 - Discussion and possible action to renew this franchise for one year. First Reading. SYNOPSIS OF ACTION: Adopted on lst Reading; with statement to be submitted from the City Clerk, as to receipt of certified and notarized Annual Audit, prior to second reading. The City Attorney read Temp. Ord. #866, and V/14 Disraelly MOVED for its ADOPTION on first reading, and C/W Massaro SECONDED. VOTE: ALL VOTED AYE. 24. Industrial Waste Services - Renewal of Commercial Garba e Collection Franchise - Temp. Ord._ #867 - Discussion and possible action to renew this franchise for one year. First Reading. SYNOPSIS OF ACTION: Adopted on lst Reading; with statement to be submitted from the City Clerk, as to receipt of certified and notarized Annual Audit, prior to second reading. The City Attorney read Temp. Ord. #867, and C/M Zemel MOVED for its ADOPTION on first reading, and C/M Kravitz SECONDED. VOTE: ALL VOTED AYE. 25. Ronkoma Cor oration - Renewal of Commercial Garbage Collection Franchise- Tem . Ord. #868 - Discussion and possible action to renew this franchise for one year. First Reading. SYNOPSIS OF ACTION: Adopted on lst Reading; with statement to be submitted from the City Clerk, as to receipt of certified and notarized Annual Audit, prior to second reading. The City Attorney read Temp. Ord. #868, and C/PS Zemel MOVED for its ADOPTION on first reading, and C/M Kravitz SECONDED. VOTE: ALL VOTED AYE. -15- 3/25/81 mr/ Franchise Temp. Ord. #869 - Discussion and possible action to renew 26. Southern Sanitation Service Renewal of Commercial Ga ba - "" action to renew this franchise for one year. First Reading. SYNOPSIS OF ACTION: Adopted on 1st Reading; with statement to be submitted from the City Clerk, as to receipt of certified and notarized Annual Audit, prior to second reading. VOTE: The City Attorney read Temp. Ord. #869, and C/M Kravitz MOVED for its ADOPTION on first reading, and C/W Massaro SECONDED. ALL VOTED AYE. 27. United Nations Commemorative Stamp -- Temp. Reso. #1875 - Discussion and possible action to protest the United Nations issuance of an emblem or stamp praising the actions of the Palestinian Liberation Organization. SYNOPSIS OF ACTION: Adopted RESOLUTION NO.R-71 _ PASSED. The City Attorney read Temp. Reso. #1875. Mayor Falck indicated that the purpose of this resolution, was to call attention to the fact of a movement to have the United Nations issue an emblem or stamp, which would give a degree of credibility to the Palestinian Liberation Organization. lie said this organization is. known to be a terrorist -type one, and could not understand why a humanitarian organization, such as the United Nations, should be pro- posing such an recognition. It was his recommendation that the reso- lution be adopted, which will indicate the displeasure of the City Council, for this proposed action. V/M Disraelly MOVED for the ADOPTION of Temp. Reso. #1875, and C/M Zemel SECONDED. C/M Zemel said that his -feelings were very strong on this item, and any statement he made,would be unfit for the public to hear. C/W Massaro said that Council was being kind in this resolution, by stating that the Palestinian Liberation Organization is of a detestable nature. VOTE: ALL VOTED AYE. COMMUNITY DEVELOPMENT 33. Northwood II - Revised Site Plan - Discussion and possible action on a revised site plan for an enlarged recreation building. SYNOPSIS OF ACTION: Adopted, with a requirement of three additional trees to be installed. Julian Bryan represented H.L.R., Inc., and stated that this item was presented to Council a few weeks previous, when a determination was made on a revised parking ordinance for a requirement of one (1) parking space for 150 square feet of building was presently necessary. He indicated that they would have been deficient, but have added three (3) additional parking spaces on the revised plan, which was submitted to Council two weeks earlier. V/M Disraelly inquired whether a tree could be placed at either end of the ten (10) spaces, to which Mr. Bryan concurred; also, at the open end, away from the handicapped parking space, for one (1) tree, with a total of three (3) trees. He further explained the area of the trees, by indicating two to be placed adjacent to unit #171, at either end, and opposite unit #126. C/CV Massaro inquired whether the increased size conformed to the re- quirements of the ordinance, to which Mr. Bryan indicated that it did, and, as traffic increased, it was determined that the enlarged club- house was in their best interest. V/14 Disraelly MOVED for the ADOPTION of the revised site plan, with the requirement of three (3) additional trees, and C/W Massaro SECONDED. -16- 3/25/81 mr/ VOTE: ALL VOTED AYE. 34. Lakeside - Site Plan Extension - Discussion and possible action on a request to extend approval of a site plan. SYNOPSIS OF ACTION: Extension approved for an additional 60 days, from 3/22/81. VOTE: Julian Bryan represented Lakeside, and indicated the item was discussed many times, and at the last Council meeting. He stated that all the necessary off -site easement were received from Leadership Housing and the Treehouse property, which is necessary for off -site water,sewer, and drainage lines. He further noted that it was approved by the Engi- neering Department, and will be displayed -next week, for the required and necessary review at the City Hall. He felt that the only necessary extension would be two weeks, but in the interest of good judgment, it should be 60 days. C/W Massaro MOVED to extend the site plan for an additional 60 days, from the 22nd day of March, 1981, and V/M Disraelly SECONDED. ALL VOTED AYE. 36. Springlake I - Bond Release -- Temp. Reso. #1878 - Discussion and possible action to release a performance bond posted for public im- provements upon receipt of a one-year warranty bond. SYNOPSIS OF ACTION: Adopted, subject to RESOLUTION NO.R- / �Z PASSE, D. receipt of Warranty Bond for $87,745.00. The City Attorney read Temp. Reso. #1878. In response to C/W Massaro's questions, Julian Bryan stated that certi- fied final construction costs were submitted approximately 90 days pre- vious; and as -built drawings were reviewed with the City Engineer, with the submission made prior to the final costs. Mr. Bryan indicated that they did lack the bill of sale for the water and sewer lines, which ac- tion was taken two weeks previous, and the proper determination from the bonding company, as to the proposed warranty bond. Based on ap- proval of this resolution, the bonding company will provide them with a substitute 25% warranty bond. C/W Massaro said there was a memorandum submitted, relating to the culvert crossing and the canal excavation, to which the City Attorney responded that a bond was submitted in the amount of $22,255.00 covering both. C/W Massaro MOVED to ADOPT Temp. Reso. #1878, releasing the surety bond for Springlake I, subject to a warranty bond in the amount of $87,745.00, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. 35. St. Malachys Church - Bond Release - Temp. Reso. #1877 - Discussion and possible action on the recommendation of the City Engineer to release a performance bond posted for on -site and off -site improvements. SYNOPSIS OF ACTION: Adopted RESOLUTION NO.R- fl -d3 PASSED. The City Attorney read Temp. Reso. #1877. V/M Disraelly said there was a statement from the City Engineer, as to payments for the certified costs of $23,000, and the bond being $48,000; with no reason for a warranty bond. Fie then MOVED to ADOPT Temp. Reso. #1877, and C/W Massaro SECONDED. VOTE: ALL VOTED AYE. GENERAL ADMINISTRATIVE/FINANCIAL 15. Florida Boating Improvement Program - Temp._Reso. #1874 - Discussion and possible action topermitthe administration to submit an applica- tion for a boating grant and to authorize execution of an Agreement with the Florida Department of Natural Resources for such grant. -17- 3/25/81 mr/ J SYNOPSIS OF ACTION: Approved, with the City Planner, Evan Cross, designated as liaison for the City; and proper officials to execute the Grant. RESOLUTI014 140. R- / ZS PASSED. The City Attorney read Temp. Reso. #1874. C/W Massaro indicated that restrooms should not be included in this area, and anything relating to septic tanks, should be eliminated. Evan Cross, the City Planner, said that the parking lot lights and irrigation pumps would require electric service. lie advised Council that this is the same grant that was the major source of funding for Tape the existing facilities, with 100% funding from the Marine Advisory #6 Board of the Department of Natural Resources. lie further added that 5% would have to be added, for architectural engineering design. Mr. Cross said that preliminarily $24,000 was for outside contractors to do the work, and felt that he would want to apply for a grant in the $60,000 to $70,000 range, which would be realistic. The City Planner agreed to submit a memo to Council, relating to this. VOTE: V/M Disraelly MOVED that Evan Cross, be officially designated to sign the projected Florida Boating Improvement Program Grant, based on the specifications given on March 19th, 1981, for the boat -slip paving, landscape, including sod, parking lot lights, irrigation, pumps, shelter additions, picnic tables, charcoal grills, electric service, well and pumps, and a water bubbler, allowing 5% for engineering and architectural expenses, at a figure not to exceed $69,000. Mr. Birken said the resolution was not indicated, and felt that a dollar figure was not necessary, but should be stated that the appro- priate City Official would sign the application. V/M Disraelly AMENDED HIS MOTION, to include approval of Temp.Reso. #1874, with Evan Cross, the City Planner, designated as liaison for the City, and proper City Officials to execute the Grant, and C/W Massaro SECONDED. ALL VOTED AYE. COMMUNITY DEVELOPMENT 37. Drainage Improvements - Reports, discussion and possible action. SYNOPSIS OF ACTION:Report by City Engineer, relating to his memorandum of 3/23/81. Mayor Falck referred to a detailed report from the City Engineer, which was dated 3/23/81, and submitted to Council. C/M Zemel complimented the City Engineer, for his comprehensive report, in response to Council's request for priorities and information on storm drainage improvements. He guessed that modifications that were made on 103rd Avenue, would be of great relief to the Westwood 6 Com- munity. C/W Massaro said that it was her opinion that no further monies be expended on anything other than has been allocated, until the Sunflower- Heathgate area has been resolved, which is the first priority. The City Engineer recommended redesign of the Westwood 3 area, along Westwood Drive, and not in the Sunflower area, for Sections 21 and 22. He has not yet heard from the Consultant, but should be contacted within the week, as to the status. Mr. Keating indicated that his Assistant, Frank Barbuto, and Public Works will be pumping -dry one of the existing systems, and then physical- ly inspect it and verify it for reconstruction. This, he noted, re- lated to the areas along 82nd Street, 73rd Terrace, 73rd Avenue and 74th Terrace. He further stated that a number of the catch basins had rocks and dirt piled above the half --way point of the culverts. He felt that it might also involve heavy siltation over the outfall pipe at the lake, and consideration might be given to contracting out for full cleaning of that system, in the reconstruction of the outfall line, with a head -wall, and removal of any siltation which might be blocking 3/25/81 mr/ J � r r off the lake, and would require pumping back. He also said that the extent.of the problem would be involved, in order to determine whether the Public Works people could handle this situation. Mr. Keating reported that Public Works was doing two or three catch basins on the east side of the City, with 200 feet of pipe, which plan was provided by the Consultants. Council, he said, did budget a maximum of $5,000 to be spent. Fie requested that Frank Barbuto verify the lines, as shown on the drawing. In response to a question by V/M Disraelly, he said Brookwood Boule- vard,south of McNab Road,was not considered as one of the higher priority areas, nor indicated to be a major flooding problem on any of the older drawings in the City. V/M Disraelly said this area was listed in sketches which he submitted to the City Engineer one year previous, and was included on April 25, 1979, with a slow depletion of water. The City Manager inquired whether the improvement of McNab Road would have any effect on the drainage, at the intersection of Brookwood Boulevard, to which Mr. Keating felt that it should take care of any existing problems. V/M Disraelly said the area he was discussing involved 68th and 67th Streets, to which Mr. Keating indicated that he would check that area when the next heavy rainstorm occurs. C/W Massaro referred to Brookwood Boulevard, where it was anticipated to tie-in at one dead-end street, which is now dedicated, when Lon Rubin's project comes in; that the connection would go into the lake. She said this would alleviate any problems that exist on that portion of Brookwood Boulevard. This, she said, would now involve two areas to be checked in that location, by the City Engineer. C/W Massaro also inquired about the Westchester project, to which the City Engineer said there was a problem at 67th Court, at the entrance on Pine Island Road, with water standing. But, he said, it was one of the lower priorities. Mr. Keating emphasized that the essence of the program was its flexi- bility, and as improvements are made, a determination could be made as to priorities. He further noted that the two highest priority areas should be considered first, and felt that the 5-year plan might turn into a 10-year plan. C/M Zemel inquired whether the drainage systems in Sections 23 and 24 work together, or are two separate systems, to which Mr. Keating replied that they essentially go their own way. C/M Zemel said that someone has to determine the monies to be expended, and the method for this. The City Engineer advised that the following areas are under contract, but not completed; McNab Road, 83rd Street, 93rd Avenue, with 103rd Avenue being 90% completed, and McNab Road at Pine Island Road, being 75% completed. V/M Disraelly said the "easy" way was to put $250,000 or $300,000 in the budget, which is the projected figure for each of the next five or six years, in order to clean --up this program, without a tremendous strain on the City's finances. He also noted that a $3,000,000 funding in one year, was twice the ad valorem tax figure at this time. C/W Massaro said that it is necessary to look at how the area i&as providing retention they are seeking, and whether there should be a greater requirement of more retention, in certain areas, or seeking a fee to assist in the augmentation of the drainage systems throughout the City. Mr. Keating said the biggest problem with Sunflower is that the area does not have any waterways. He said taking the money might be ex- plored, which could be accomplished through the computers. V/M Disraelly said that 5% retention was established everywhere, and with C/W Massaro's analogy, it would be 3% in building sections, but =Vle 3/25/81 mr/ J involved different percentages in other areas, based on the amount of percolation. Mr.Keating wondered whether it was more beneficial for the City to take the 5% in additional waterway, or the 5% balance, to which C/W Massaro said that it might be difficult finding the money, without increasing taxes. She felt that consideration should be given to amending the City's ordinances, and required extensive research by Larry Keating. Mr. Birken said there is only one decision that has been rendered in Florida, at the Appellate Court level, on impact fees. The fee, he said, is that the money spent has to benefit the person who is spending the monies. 41. Bid Authorization - Burster/Decollator for the Burroughs Computer System at Tamarac Utilities West Discussion -and possible action. SYNOPSIS OF ACTION: City Manager authorized to go to bid, with a request that the Supply Schedule and Specs be typed in the future; and approval of all Department Heads be submitted. (See page 2) The City Manager indicated this would assist in splitting and stacking the bills. She said because it is locked in with the Burroughs Corp. does not make it a sole source item, and can be bid, and has fittings for any type of computer system that would eventually be purchased. Also, she said, it was thought there might be some items on State contract that could be locked --in, but was not possible, because the City's system will be commencing shortly. She responded to a question by the Vice -Mayor, by stating that the approximate price is $5,000, and was being cautious with that estimate. Mrs. Stuurmans said other than having the specifications typed, the item did require consideration. She further stated that the Purchasing Officer was responsible for these specifications, which was approved by the Purchasing Director. V/M Disraelly respectfully requested, as previously indicated, that the following pages were necessary; Proposal form, Index and the Invita- tion to Bid (Supply Schedule). C/M Zemel said that in the past, any specifications that came to the City Manager and Council, had a memorandum, or a signature from the Department Head, for approval. He requested that such approval be submitted in the future. C/W Massaro MOVED that the Acting City Manager be authorized to go to bid for the Burster/Decollator, to be used for computer billing at the Utility, and V/k1 Disraelly SECONDED. VOTE: ALL VOTED AYE. REPORTS 38. City Council C/M Zemel discussed Trams going throughout the City, which have been instituted in various cities, and provided by the Electric Industrial Vehicle Company. He said it is now operating in the cities of Hallandale Hollywood, Margate, and going into the City of Coral Springs. He said it would be feasible to get free Trams, for the people who ride it, with no cost to the City or the people. The company, he stated, puts up a $5,000,000 policy, covering bodily injury and property damage, with all responsibility, and safe -harmless agreements. The revenues are paid for by the advertisers, and requires a $2400 per month advertising revenue; with the Tram making stops at those places of business. He further advised that he will be meeting with representatives of the company and the Board of Directors of the Chamber of Commerce, on April 21, 1981. After speaking with many people, it was determined there was no involvement of drawbacks, legal problems, cost, or any danger to the City. C/12 Zemel said that he will continue to pursue this, and once solidified information is obtained, it will be brought before Council. -20- 3/25/81 mr/ C/11 Zemel informed Council that he expected a call from the Director of Broward County Zoning Enforcement, as relates to the blasting which is affecting the City of Tamarac. It was also his opinion that the blasting item should now be considered as an item on the Agenda. Tape #7 C/W Massaro suggested consideration on amending the ordinance relating to swimming pools; which was previously requested by the City Engineer. She said the City Attorney was to discuss this with Mr. Keating, re- garding bond coverage for sediment. She also discussed the lights on Commercial. Boulevard, in Section 7, which were to be removed and replaced, to which the City Manager indi- cated that a recommendation was made to FP&L for two surveys, where lighting was necessary. She noted that a request was made by the home- owner at the intersection of 49th Avenue, and the first street in, to trim a tree, which was a vehicular vision obstacle. C/W Massaro additionally discussed the 10 Bermuda Club lights, which in- volved expenditure by the City, for a private area. She also -requested that the County be contacted about the traffic lights, which_we to be installed at 49th Avenue and Commercial Boulevard. C/W Massaro indicated receipt of a memorandum from Mr. Birken, and involved Civil Rights Litigation, to which the City Attorney explained that until two years ago, the Supreme Court interpreted the Civil Rights Act as precluding bringing such action against cities. But, in the last two years, the Court has backed -off its position, and established the cause of action against municipalities for the violation of Civil Rights, with punitive damages and Attorneys fees. He said that exposure has changed within the past two years. Mr. Birken said that such viola- tion should be called to the attention of various departments; namely, Personnel, Public Works, Building, Utility and City Manager's Depart- ments, as a preventive measure. This would relate to denying an applica- tion for rezoning, or anything else, or the police arrest someone im- properly, the City will be facing Civil Rights action. V/M Disraelly discussed traffic lights for interchanges, and contacted the County for the replacement of the left -turn signal on Pine Island Road and Commercial Boulevard. This turning light was originally there, and then removed. He noted that a survey was made at the intersection of 61st Street and University Drive, for a potential traffic light installation, which was also discussed with the County. V/M Disraelly advised that he and the City Planner attended a Broward Delegation meeting, in Plantation, which related to annexation. Fie also indicated that the Delegation will be sponsoring a Charter Review and Revision Committee, for the County, as to the Plat Ordinance taking certain powers away from the City. The Annexation, he said, concerned easterly property, including The Gate; also, the westerly portion of Woodland Greens was discussed. He noted that Senator Stevens indicated that unincorporated areas, where Sheriff protection and volunteer fire departments have to come from other areas, should be taken under consideration. Mayor Falck advised of attendance by C/M Zemel and himself at an Tape Industrial Seminar in Coral Springs. Fie also indicated attendance at #8 a conference in Orlando, relating to adult education for senior citizens, after retirement. He said the City of Tamarac was singled -out for special recognition, because of the area -wide meeting of the North Area Advisory Group, that attended this meeting in the City Hall. The Mayor indicated there will be a meeting on Thursday, March 26th, with the Broward League of Cities, which discussion would involve the recently enacted Platting Ordinance. Fie felt that the League should seek an injunction to stop the County from implementing their Ordinance. 39. Cit manager No Report -21- 3/25/81 mr/ 40. City Attorney Mr. Birken felt that the Land Use Plan has to be amended, because it is inconsistent with the Ordinance. Fie also said no powers were taken away from the City, but additional powers were given to the County; which may affect approvals being made by the City, for site plans and plats. The City Attorney noted that the County hired a Development Review Coordinator, who was considered to be a reasonable person, and the Thursday evening meeting would be of great interest to everyone. MEETING WAS ADJOURNED AT 4:30 P.M. P OR ATTEST: A SISTANT CITY CLERK This public document was promulgated at a cost of or per copy, to inform the general public and public officers and employees about recent opinions and considerations by the City Council of the City of Tamarac. APPROV " CITY COUNCIL ON J 9 -22- 3/25/81 mr/