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Home My WebLink About1982-04-14 - City Commission Regular Meeting MinutesP. 0. BOX 25010 TAMARAC, FLORIDA 33370 FIRST CLASS MAIL CITY OF TAMARAC, FLORIDA CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, APRIL 14, 1982 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 spec- ific time to be heard, and will entertain motions from Council mem- bers to table those items which require additional research. Council may agendize by majority consent matters of an urgent na- ture which have come to Council's attention after publication. PRESENTATIONS AND AWARDS 1. National Hospital Volunteer Week - Presentation of a proclam- ation by Mayor Falck declaring the week of April 19 - 23, 1982, as "National Hospital Volunteer Week". 2. Better Water for People Week - Presentation of a proclamation by Mayor Falck designating —the week of May 2 - 8, 1982, as "Better Water for People Week" in the City. TAMARAC UTILITIES WEST 3. Back Charge Rates - Temp. Reso. #2154 - Discussion and possibl action to establish back charge rates for services required to be performed on private property. COMMITTEES AND BOARDS 4, Planning Commission - Discussion and possible action to appoin three (3) regular and two (2) alternate members by Temp. Reso. #2238. 5. Beautification Committee - Discussion and possible action to appoint five (5) regular and three (3) alternate members by Temp, Reso. #2239. 6. Board of Consumer Affairs - Discussion and possible action to appoint twelve (12) regular members by Tea . Reso. #2240. 7. Redistricting Committee - Discussion and possible action CONSENT AGENDA 91 4/14 Pg. 2 Mayor presented proclamation. 4/14 Pg. 2 & 6 Mayor presented proclamation 4/14 Pgs.2 & 3 APPROVED 4/14 Pg. 3 APPROVED 3 reg. members,M.Meyer: c.Al.per,M. Scho- enfeld 4/14 Pgs.3 & 4 APPROVEDR.Baade, F.Rosenstein, F.Bochenek,W. utter & M.Land- 4/14 Pg. 4 appointed 12 members 4/14 Pgs.4,5 & 6 dis.scheduled Items listed under Item #8 , Consent Agenda, are viewed to be for 4/28 meetinc routine and the recommendation will be enacted by one motion C/M Disraelly in the form listed below. There will be no separate discussion liaisn of these items. If discussion is desired, then the item(s)will 4/14 ogs_ 5 & 6 be removed from the Consent Agenda and will be considered sep- APPROVED athru arately. g) ,i) thru k) , h)APPROVED for a) Minutes of 2/10/82 - Regular Meeting - Approval recommended by 10,704,95 w/ City Clerk. City holding 1,000 til C/Engx determines if ity is responsi- 1e for this or i f change order s needed, 1) TABLED to 4/28 meeting. PAGE TWO b) Minutes of 2/24/82 - Regular Meeting - Approval recommended by City Clerk. c) Minutes of 3/1.0/82 - Regular Meeting - Approval recommended by City Clerk. d) Alan F. Ruf - Acting City Attorney - 4/4/82 - $1,850.00 - Ap- proval recommended by City Manager. e) Christine Carsky - Acting Assistant City Attorney - 4/8/82 - $737.50 - Approval recommended by City Manager. f) Richard S. Rubin - Consulting City Planner -- March, 1982 - $2,100.00 - Approval recommended by City Manager. g) Mitchell Ceasar - Grants Consultant 3/31/82 - $1,250.00 retain- er and $289.27 expenses - Total $1,539.27 - Approval recommended by City Manager. h) Del Ricco Brothers Construction, Inc. - 1982 Storm Drainage Im- provements - Westwood Community 3 - 3/31/82 - $11,704.95 - Pay Estimate #3 - Approval recommended by City Engineer. i) Midland Insurance Company - Insurance Carrier - Edgar vs. 'Tamarac Litigation - $2,500.00 - Approval recommended by City Attorney's office. j) Borrow Pit - Approval to authorize Steven Josias, Esq., to under- take preliminary work concerning this proposed project in an amount not to exceed $1,000.00. k) Bid Authorization - Approval to permit the City Manager to go to bid for the preparation work necessary to resurface portions of NW 70 Avenue, and NW 51 Court and NW 51 Avenue in Mainlands 6. 1) Emergency Repair - Authorization for Del Ricco Brothers Construc- tion, Inc., to undertake emergency repairs to Lagos de Campo Boulevard for Utilities West. GENERAL ADMINISTRATIVE/FINANCIAL 9. Bid Awards - Caporella Park - Discussion and possible action on: a) Awarding a bid for guardrail - Temp Reso. 42222. b) Awarding a bid for asphalt paving - Temp. Reso. #2223. (tabled from 3/24/82). 10. Bid Award - Police Department - Temp. Reso. #2241 - Discussion and possible action to award a bid for arelocatable mobile office (trailer). 11. Surplus Equipment - Police Department - Temp. Reso. #2242 - Dis- cussion and possible action to declare a motorcycle as surplus equipment and authorizing the City Manager to seek bids for the sale thereof. 12. Bike Path Construction - Temp. Reso. #2140 - Discussion and pos- sible action to approve an agreement with Florida Department of Transportation for a bike path on the west side of University Drive from NW 57 Street to Southgate Boulevard (tabled from 3/24/82). 13. Sister City Project - Temp. Reso. #2243 - Discussion and possible action to appoint a City representative to Kiryat Tivon. 4/14 Pg. 7 a)REJECTED, )REJECTED,c) a.b.c. C/Mgr. authorized Did Caporella Park work 4/14 Pg. 7 APPROVED to Modulaire - $24,671 4/14 Pgs7 &8 APPROVED 4/14 Pgs.8,9 & 26 TABLED 14. 15. PAGE THREE Cable TV Rates - Temp. Ord. #974 - Discussion and possible 4/14 Pgs.10,11 action on a request for rate increase by American Video Corp- & 12 APPROVED oration. First Reading. on lst readin 4/14 Pgs.9&10 Potential Annexation Areas - Discussion and possible action No action taken concerning future potential annexation reserve areas adjacent to the City. PUBLIC HEARING - 2:00 P.M. 16. Bay Colony Property Com any, Inc. - Rezoning Petition #2-Z-82 Temp. Ord. #971 - Discussion and possible action to rezone the recreation parcel at Lake Colony, also known as Brookwood' Gardens, and located at approximately 7100 Brookwood Boule- vard, from R-4A (Planned Apartments) to S-1 (Open/Space Re- creation). Second Reading. a) Acceptance of Affidavit of Publication and Affidavit of Posting. b) Consideration of Application. 17. Shell Oil Company - Land Use Amendment - Petition 41-RU-81 - Temp. Ord. #930 Discussion and possible action on a request to amend the Land Use Element of the Tamarac Comprehensive Plan, in order to increase the density from 100 units to a maximum of 200 units, by transferring 100 existing reserve units allocated to Flexibility Zone 60 and changing the land use from Low Density (0-5 dwelling units per acre) Residen- tial. The subject lands are described as Parcel A of Main- lands 15, and are bounded on the east by the eastern boundary of the City, on the west and south by Vanguard Village Sec- tion 15. The north property line lies approximately 270-feet south of McNab Road. Second Reading. a) Acceptance of Affidavit of Publication and Affidavit of Posting. b) Consideration of Application. 18. Beautification - Temp. Ord. #964 - Discussion and i.on Reg._....._ possible action to amend Chapter 6 of the Code to permit Council to approve optional designs of walls separating bus- iness from residential property. Second Reading. 19. Development Regulations - Temp. Ord. #965 -- Discussion and possible action to amend Chapter 7 of the Code pertaining to time limits for pulling Engineering permits and by modifying review procedures for revised site plans for improvements completed prior to annexation and prior to August 11, 1972. Second Reading. LEGAL AFFAIRS 20. All Service Refuse Co. - Commercial Garbage Collection Fran- chise _ Temp. Ord. #975 - Discussion and possible action to renew this franchise for one year. First Reading. 21. Browning Ferris Industries of Florida, Inc. - Commercial Gar- bage Collection Franchise - Temp. Ord. #976 - Discussion and possible action to renew this franchise for one year. First Reading. 22. Industrial Waste Services, Inc. - Commercial Garbage Co11ec- tion Franchise -- Temp. Ord. #977 - Discussion and possible action to renew this franchise for one year. First Reading. 4/14 Pg. 17 a)ACCEPTED affidavits, b) APPROVED on 2nd & final reading 4/14 Pgs.17 & 18 a)ACCEPTED affidavits, b) APPROVED on 2nd & final reading 4/14 Pg. 18 TABLED 4/14 Pgs.18&19 APPROVED on 2nd & final reading 4/14 Pg. 19 APPROVED on 1st reading. 4/14 Pg.20 APPROVEDsubject to receipt of audit prior to 2nd reading 4/14 Pg. 21 TABLED-C/Mgr. receives more information PAGE FOUR 23. County Waste, Inc. - Commercial Garbage Collection Franchise 4/14 Pg. 22 Temp. Ord. #978 - Discussion and possible action to renew this franchise for one year. First Reading. APPROVED on lsi readin 4/14 Pg. 22 24. Ronkoma Corporation - Commercial Garbage Collection Franchise TABLED-C/Mgr. Temp. Ord. #979 - Discussion and possible action to renew this franchise for one year. First Reading. receives more information 4/14 Pg. 22 25. Southern Sanitation Service - Commercial Garbage Collection Franchise - Temp. Ord. #980 - Discussion and possible action to renew this franchise for one year. First Reading. APPROVED on lst reading w/ conditions 26. Durbin Paper Corp. - Temp. Ord. #981 - Discussion and possible 4/14 Pg. 23 APPROVED on action to grant a non-exclusive newspaper collection franchise. First Reading. lst reading 27. Sale of Alcoholic Beverages - Temp. Ord. #970 - Discussion and possible action to prohibit the sale of alcoholic beverages during specified hours on Sunday. First Reading. 4/14 Pg. 12 APPROVED on lst reading 28. Utility Sheds - Temp.Or_d. #961 - Discussion and possible 4/14 Pg. 13 TABLED-C.B.O. action to amend Section 7-1.7 (a) of the Code concerning erection of utility sheds in residential districts. First Reading. sends memo 29. Construction Trailers - Tem . Ord. #966 - Discussion and pos- sible action to establish standards for construction trailers 4/14 Pg. 13 APPROVED on lst reading. in the City. First Reading. 30. Burglar Alarms - Tem . Ord. #728 - Discussion and possible action to regulate burglar alarm users and burglar alarm devices under Chapter 14 of the Code. First Reading. (tabled from 1/27/82). 4/14 Pg. 25 APPROVED on lst reading. COMMUNITY DEVELOPMENT 31. Colony West Country Club - Discussion and possible action on request for: a) Extension of time for construction of sidewalk. b) Refund of a portion of retention fees. c) Operation of certain maintenance equipment prior to 8:OOa.m (This item is scheduled to be heard approximately 1:30 P.M.) 32. Tamarac Town Square - Discussion and possible action on: a) Revised site an pertaining to building modifications, parking and vehicular circulation - Temp. Reso. 02195. b) Construction of sidewalks for this project. (tabled from 3/24/82). 33. Banyan Lakes - Temp. Reso. #2194 - Discussion and possible action to approve an agreement with Crestmark Corp. pertaining to water and sewer service (tabled from 3/24/82). 34. Tamarac Gardens - Temp. Reso. #2244 - Discussion and possible action to accept a Bill of Sale for the water distribution and sewage collection improvements. 35. Woodview Tract 38 - Model Sales Facility - Discussion and pos- sible action to renew a model sales permit for this project (tabled from 3/24/82). 36. Versailles Gardens - Model Sales Facility - Discussion and pos- sible action to renew a model sales permit for this project. 4/14 Pgs.15 & 16 a) TABLED to next meeting, b) WITHDRAWN .t request of petitioner, c) TABLED -1st meeting in May 4/14 Pg. 13 TABLED at re- quest of the petitioner 4/14 Pg. 2 TABLED to next Pg. 12 4/14 Pg. 12 4/14 Pg. 13 APPROVED for 6 mos.-4/22/82 PAGE FIVE 37. Green Thumb Lawn & Garden Center - Revised Site Plan - Te� mp Reso. #2245 - Discussion and possible action on a revised site plan for installation of a propane gas tank. 38. Woodmont Tract 61 - Revised Site Plan - Temp. Reso. #2.246 - Discussion and possible action on a revised site plan for enlargement of the swimming pool deck area. 39. Tamarac Professional Plaza (southwest corner of Brookwood Boulevard and McNab Road) - Temp. Reso. #2247 - Discussion and possible action concerning clarification of a parking waiver approval granted on January 13, 1982. 40. Woodlands Homeowners Association - Temp. Reso._#2248 - Dis- cussion and possible action concerning modification of sign waiver approval granted on March 10, 1982, regarding a ground sign in the median of Sago Palm Boulevard. 41. Waiver of Seawalls - Discussion, and possible action on a re- quest to waive t e requirement for seawalls on Lot 51 in Woodlands Section 4 (located at the corner of Woodlands Boule- vard and Umbrella Tree Lane). 42. Cypress Creek Commons -- Discussion and possible action regard- ing plans for terraced area. 43. Drainage Improvements in the City - Discussion and possible action. 44. Possession of Certain Ammunition -- _Temp. Ord. #973 - Dis- cussion and possible action to regulate the possession of teflon-coated bullets known as "KTW bullets". REPORTS 45. City Council 46. City Manager 47. City Attorney 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 For informational purposes, following are the residential and commercial zoning districts in the City: R-1 - Single Family Residence S-1 -Open Space/Recreational R-1B & R-lC - One -Family Dwelling I-1 -Institutional R-2 - Two -Family Dwelling M-1 -Light Industrial RD-7 - Two -Family Dwelling M-2 -Medium Industrial R-3U --Row House A-1 -Limited Agricultural R-3 -Law Density Multiple Dwelling A 5 -Agricultural/Excavation RM-10 -Planned Apartment T-1 -Trailer Park District R-4A -Planned Apartment R-5 -Motel/Hotel B-1 -Neighborhood Business B-2 -Planned Community Business B-3 -General Business B-5 -Limited Business District B-6 -Business District 4/14 Pg. 14 APPROVED w/ conditions 4/14 Pg. 6 APPROVED 4/14 Pgs.19, 20 & 21 APPVD. w/conditions. 4/14 Pgs.23 & 24 APPROVED W/ conditions 4/14 Pgs.24&25 APPROVED 4/14 Pgs.14&15 Council showed interest. 4/14 Pg. 25 4/14 Pg. 26 APPROVED on lst reading. 4/14 Pg. 27 4/14 Pg. 27 4/14 Pg. 27 PAGE SIX 8 1) Emer en Be it - Authorization for Del RiccO Brothers Construction, Inc., to undertake emergency repairs to Lagos de Campo Boulevard for Utilities West. 48. Opposing the location of a County Jail Annex at Commercial Blvd. and 21st Ave. - Discussion and possible action. 49. Surplus Water Meters - TeMP.Reso. #2250 - Discussion and possible action. 4/14,Pg. 1, Agen.by Consent; -- TABI,ED to next Reg. Mtg. g• - gen. by Cons.,Pg.26, APPVD. 4/14,Pg.1,Agen. by Consent,Pg. 8.APPVD. CITY OF TAMARAC, FLORIDA REGULAR CITY COUNCIL MEETING APRIL 14, 1982 CALL TO ORDER: Mayor Walter Falck called the meeting to order on Wednesday, April 14, 1982, at 9:30 A.M. in the Council Chambers. ROLL CALL: PRESENT: Mayor Walter W. Falck Vice --Mayor Helen Massaro Councilman Irving M. Disraelly Councilman Philip B. Kravitz Councilman David E. I:rantz ALSO PRESENT: City Manager, Laura Z. Stuurmans Acting City Attorney, Alan F. Ruf Assistant City Clerk, Carol A. Evans Secretary, Patricia Marcurio MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Falck called for a Moment of Silent Meditation followed by the Pledge of Allegiance. Mayor Falck welcomed everyone present and reviewed the time alloca- tions on this day's agenda. ----- --. ..__._. _. t Commercial Blvd. 48. Op2osing_t_e Location o a County Jail Annex a _ and 21st Ave. - Temp_. Reso. #,2249 -- Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent (See Paae 26) . Mayor Falck said there was a Resolution prepared to be sent to the County Commission as quickly as possible which relates to the proposal to put the jail annex at the corner of 21st Ave. and Commercial Blvd. opposing this. This would adversely affect the Lakes I and II section, the south and north sections also. C/M Disraelly MOVED the Agendizing of Temp. Reso. #2249, SECONDED by V/M Massaro. VOTE: ALL VOTED AYE 49. Surplus Water Meters -- Temp. Reso. #2250 - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent (See Page 8) . V/M Massaro MOVED to Agendize by Consent the sale of surplus water meters. SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE 8 1) Consent Agenda - Emergency Repair - Authorization for Del Ricco Brothers Construction, Inc., to undertake emergency repairs to Lagos de Campo Blvd. for Utilities West. SYNOPSIS OF ACTION: TABLED to next regular meeting. (See Page 5). V/M Massaro MOVED to TABLE item 8 1) to the next regular meeting for more information, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE l - 4/14/82 /pm 33. Barman Lakes - Temp. Reso. #2194 - Discussion and possible action to approve an agreement with Crestmark Corp. pertaining to water and sewer service (tabled from 3/24/82). SYNOPSIS OF ACTION: TABLED to next regular meeting. V/M Massaro MOVED to TABLE this item to the next regular meeting at the request of the Acting City Attorney, SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE 1. National Flo_sl2ital Volunteer Week - Presentation of a proclamation by Mayor Falck declaring the week of April 19 - 23, 1982, as "National Hospital Volunteer Week". SYNOPSIS OF ACTION: Mayor Falck presented the proclamation. Mayor Falck read the proclamation into the record that declared the week of April 19 - 23, 1982 as "National Hospital Volunteer Week" and presented it to Helen Shatz. 2. Better Water for People Week - Presentation of a proclamation by Mayor Falck designating the week of May 2 - 8, 1982, as "Better Water for People Week" in the City. SYNOPSIS OF ACTION: Meld for later in:,- the day. ( See Page 6 ) . 3. Back Charge Rates - Temp. Reso. #2154 - Discussion and possible action to establish back charge rates for services required to be performed on private property. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R - PASSED. Mr. Ruf read the Resolution by title. C/M Disraelly said on Line 16 the "are" should be "is". C/M Disraelly said this Resolution came about because he and the City Engineer had discussed that the fees had not been adjusted in many years. He said when they reviewed the costs that were involved for the hourly basis of individuals in the determin- ation of these figures for work to be done by the Utility on private property, these were the new rates that had been proposed. C/M Disraelly said this is in keeping with what the costs are for labor in the City -on regular and overtime basis: Jet Rodder --.$55 per hour Video -Sealer - $75 per hour Backhoe machine and operator and servicemen based on 1, 2 and 3 men crews V/M Massaro asked the City Manager if there was a certain amount of money considered in there as overhead and she wondered if the adjustment to salaries was taken into consideration when these rates were set up. Laura Stuurmans said the salaries paid by the City for Utility workers as of the present Cate, which would be effective through the balance of this fiscal year,was taken into account in establishing the rates. The rates reflected here are for laborers and there is provision for overhead C/M Disraelly said the overhead that is combined cost is computed in here at 20% and as far as the equipment is concerned, this was amortized over a five year period. Fuel and oil costs were also included in this and estimated price of insurance based on the hourly cost was also computed into all of this. - 2 - 4/14/82 /pm C/M Disraelly MOVED the ADOPTION of Temp. Reso. #2154 changing the word on Line 16 from "are" to "is", SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 4. Planning Commission - Discussion and possible action to appoint three (3) regular and two (2) alternate members by Temp. Reso. #2238. SYNOPSIS OF ACTION: APPROVED Temp. Reso. #2238 appointing three regular and two alternate members RESOLUTION NO. R—Z? — E�; PASSED. Alan Ruf read the Resolution by title. Mayor Falck said Council has been asked to consider the appointment of Planning Commission members to be of help to Chairman Beutner. C/M Disraelly said he would not like to change the present members on this Commission since they are doing such a good job and are so well versed concerning the ordinances and are doing well at protecting the City as far as plans and plats are concerned. He nominated for regular members, Carl Alper, Martin Schoenfeld and Hank Meyers, and as alternates, Saul Mesinger and Arthur Gottesman. V/M Massaro said she is in complete agreement with C/M Disraelly and would hate to see that Board disturbed in any way. C/M Krantz asked to nominate Mr. Gottesman as a regular member of the Board. There were no other nominations and a ballot vote was taken for the nominees named: Carl Alper Martin Schoenfeld Hank Meyers Arthur Gottesman Carol Evans, Assistant City Clerk read the Council ballots(See Exhibit"A") Duly elected were: Carl Alper - 4 votes M. Schoenfeld - 4 votes H. Meyers - 5 votes There were two nominations for alternate members: Saul Mesinger Arthur Gottesman There were no other nominations and V/M Massaro MOVED that the nominations be closed and Mr. Mesinger and Mr. Gottesman be appointed as alternate members, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE C/M Disraelly MOVED Temp. Reso. #2238 be APPROVED with the names of Carl Alper, Martin Schoenfeld and Hank Meyers in Section 1 and in Section 2 the names of Saul Mesinger and Arthur Gottesman, SECONDED by V/M Massaro. VOTE: ALL VOTED AYE 5. Beautification Committee - Discussion and possible action to appoint five (5) regular and three (3) alternate members by Temp. Reso. #2239. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. PASSED. Temp. Reso. #2239 appointing five regular and one alternate member for term to expire 4/14/83. - 3 - 4/14/82 /pm Alan Ruf read the Resolution by title and C/M Disraelly said,as liaison to this committee,he would like to recommend that they have not had the opportunity to interview the new applicants and it would be helpful to appoint only the regular members and reserve the alternates for a future meeting. C/M Disraelly nominated Ray Baade, Faye Rosenstein, Florence Bochenek, William Sutter and Morris. Landman as the five regular members. There were no other nominations and C/M Disraelly MOVED that Temp. Reso. #2239 be APPROVED apointing Ray Baade, Faye Rosenstein, Florence Bochenek, William Sutter and Morris Landman for a period expiring 4/14/83. SECONDED by V/M Massaro. VOTE: ALL VOTED AYE C/M Disraelly proposed one alternate, Seymour Polster; there were no other nominations. C/M Disraelly MOVED that Seymour Polster be an alternate member whose term would expire 4/14/83. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 6. Board of Consumer Affairs - Discussion and possible action to appoint twelve (12) regular members by Temp. Reso. #2240. SYNOPSIS OF ACTION: APPROVED Temp. RESOLUTION NO. R- ro?-g57 PASSED. Reso. #2240 to appoint twelve regular members, terms to expire 4/14/83. Alan"Ruf read the Resolution by title. C/M Disraelly said this committee has been most outstanding and has been cited by the Federal Government and Tamarac is one of the few cities in the country that has such a Board. C/M-Disraelly placed in nomination the names of: Robert Shurr, Nat Cohen, Mary DiCandia, Peter Lawson, Irving Lopatey, Herman Marin, Moni Avidon, Isaac Feldman, Charles Fox, Winifred Ostrum, Joseph Sobel. V/M Massaro said she would also put in nomination the name of Manny Mishkin to replace Charles Levinson, who resigned. C/M Disraelly I-iOVED the adoption of Temp. Reso. #2240 with terms to expire 4/14/83 of Robert Shurr, Nat Cohen, Mary DiC andia, Feter Lawson, Irving Lopatey, Herman Marin, Moni Avidon, Isaac Feldman, Charles Fox, Winifred Ostrum, Joseph Sobel and Manny Mishkin. SECONDED by V/M Massaro. Mayor Falck said he received a call from Mrs. Knorr's office asking that the City issue a Proclamation that would designate the week of April 28 - May 5 as National Consumer Week. VOTE. ALL VOTED AYE 7. Redistricting Committee - Discussion and possible action. SYNOPSIS OF ACTION: C/M Disraelly was appointed as Council liaison to this committee. Further discussion on this item is scheduled for the 4/28 meeting. Mayor Falck said this was placed on the Agenda so that Council members could designate members to serve on this committee if they so desire. Mayor Falck said Council is required to establish a redistricting committee to review the municipal situation and this should be activated no later than the April 28 Council meeting. V/M Massaro said whoever is appointed must public by the first of the month so time is had two people volunteer by telephone that - 4 - - meet with members of the limited. She said she has they would like to serve on 4/14/82 /pm this committee as public: Carey 'Nadel and Matthew Dinah. C/M Disraelly said they have received one from John 'Lachmann and when interviews are held for this committee these people would be included. Appointments should be set up within the next week. V/M Massaro asked that these two persons submit formal applications so that the City Clerk can submit them to Council. Mayor Falck suggested that C/M Disraelly be appointed to serve as Council liaison to this committee. V/M Massaro MOVED that the nomina- tions be closed and that C/M Disraelly be appointed as the liaison for the Council to the Redistricting Committee, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE Mayor Falck said any other details relating to Council's responsibility as far as redistricting will betaken up at the April 28 meeting. 8. Consent Agenda - a) Minutes of 2/10/82 - Regular Meeting - Approval recommended by City Clerk. b) Minutes of 2/24/82 - Regular Meeting - Approval recommended by City Clerk. c) Minutes of 3/10/82 - Regular Meeting - Approval recommended by City Clerk. d) Alan F. Ruf - Acting City Attorney - 4/4/82 - $1,8.50.00 - Approval recommended by City Manager. e) Christine Carsky - Acting Assistant City Attorney -- 4/8/82 - $737.50 - Approval recommended by. City Manager. f) Richard S. Rubin - Consulting City Planner - March, 1982 - $2,100.00 - Approval recommended by City Manager. g) Mitchell Ceasar - Grants Consultant - 3/31/82 - $1,250.00 retainer and $289.27 expenses - Total $1,539.27 — Approval recommended by City Manager. h) Del Ricco Brothers Construction, Inc. - 1982 Storm Drainage Improve- ments - Westwood Community 3 - 3/31/82 - $11,704.95 - Pay Estimate 43 - Approval recommended by City Engineer. i) Midland Insurance Company -- Insurance Carrier -- Edgar vs. Tamarac Litigation - $2,500.0.0 - Approval recommended by City Attorney's office. j) Borrow Pit - Approval to authorize Steven Josias, Esq., to undertake preliminary work concerning this proposed project in an amount not to exceed $1,000.00. k) Bid Authorization - Approval to permit the City Manager to go to bid for the preparation work necessary to resurface portions of NW 70 Avenue, and NW 51 Court and NW 51 Avenue in Mainlands 6. 1) Emergency Repair - Authorization for Del Ricco Brothers Construction, Inc., to undertake emergency repairs to Lagos de Campo Blvd. for Utilities West. SYNOPSIS OF ACTION: APPROVED a) thru g) and i) thru k); h) APPROVED for $10,704.95 with City holding $1,000 until C/Engr. determines if City is responsible for this $1,000 or if a change order is needed; 1) TABLED to 4/28 meeting. (See Page 1) . C/M Disraelly MOVED the APPROVAL of Items a) thru k) with the exception of h). SECONDED by V/M Massaro. VOTE: ALL VOTED AYE Item h) - V/M Massaro asked the City Engineer about the price on this item. Mr. Keating said what the City is paying is on actual amounts installed. The contracts were estimated quantities based on construction - 5 - 4/14/82 /pm drawings. Mr. Keating suggested two alternatives for Council: there is sufficient retainage in the contract to cover the City's interest in this matter or this could be tabled to the next meeting. V/M Massaro said she would not want to table this and she suggested with- holding $1;000 until the proper determination is made by the City Engineer. V/M Massaro suggested that $1,000 be held until the City Engineer determines what must be done and the payment of the rest be APPROVED for $10,704.95,; she so MOVED,adding that Mr. Keating should determine whether the City is responsible for that extra $1,000 or not. Mr. Keating will give a memo to Council on this. SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE 2. Better Water for People Week - Presentation of a proclamation by Mayor Falck designating the week of May 2 - 8, 1982, as "Better Water for People Week" in the City. SYNOPSIS OF ACTION: Mayor Falck presented a proclamation to John Taribo and Brighton Kam of Utilities West. (See Page 2) . Tape Mayor Falck presented the Proclamation, which was read into the record 2 earlier, to John Taribo and Brighton Kam of Utilities West. V/M Massaro said they have received a letter from someone in Concord Village concerning the work of the men from the Utility commending their excellent performance. Mayor Falck said if any groups are interested in taking a tour of the Utility facility this will be made available. 38. Woodmont Tract 61 - Revised Site Plan - Temp. Reso. #2246 - Dis- cussion and possible action on a revised site plan for enlargement of the swimming pool deck area. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. PASSED. Temp. Reso. #2246. Alan Ruf read the Resolution by title. Ken Lones, Landscape Architect said they are now in the process of replacing dead shrubbery and upgradin the landscaping at Woodmont. He said they found that in making the pool area better landscaped, they would like to increase the pool deck. They came for a site plan revision to add a little less than 1,000 square feet of sitting space to the pool deck. Mr. Lones said there will be Landscaping to the right of the walkway. They are trying to create the pool area to a garden setting and there will be planting on both sides of the walk. The pool extension is to the north area and the fence will be moved on the west and there will be a landscaped area inside that fence. C/M Disraelly said based on this site plan he would MOVE the ADOPTION of Temp. Reso. #2246, SECONDED by V/M Massaro. V/M Massaro said the question came up before concerning landscaping; they are only required to pay fees on required landscaping, any additiona landscaping would require no fees to encourage beautification. V/M Massaro said if any member of Council feels that this should be changed it is something that should be reconsidered. C/M Disraelly said he would like to review this Resolution. VOTE: ALL VOTED AYE - 6 - 4/14/82 /pm 9. Bid Awards -- Caporella Park - Discussion and possible action on: a) Awarding a�bid for guardrail - Temp. Reso. #2222. b) Awarding a bid for asphalt paving - Temp. Reso. #2223. (tabled from 3/24/82). c) Authorization for the City Manager to go to bid for all work required under SYNOPSIS OF ACTION: a) and b) bids the Grant. were rejected, c)Agendized by Consent - a) Alan Ruf read the Resolution by title. Laura Stuurmans said that staff is recommending that the bids received for this item be rejected at this time. V/M Massaro so MOVED, SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE b) Alan Ruf read the Resolution by title. C/M Disraelly MOVED that the bids be rejected as requested by the City Manager, SECONDED by C/M Krantz. The City Manager said that both items a) and b) for the guardrail and the asphalt paving be rejected so that Council could consider an authorization to staff to advertise for the job to be considered as a whole; the bridge, the pier, the asphalt and paving required for the entire park. VOTE: ALL VOTED AYE c) V/M Massaro MOVED to Agendize by Consent authorization for the City Manager to go to bid for the whole package of all work required under our Grant for Caporella Park,SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE V/M Massaro MOVED that the City Manager be authorized to go to bid on the entire work required under the Grant for Caporella Park, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 10. Bid Award - Police Department - Temp. Reso. #2241 - Discussion and possible action to award a bid for a relocatable mobile office (trailer). SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R PASSED. Temp. Reso. #2241 awarding a bid to Modulaire Industries for $24,671.00. Alan Ruf read the Resolution by title. The City Manager said the staff from the Police Department and Purchasing Department is recommending the bid of Modulaire Industries in the amount of $24,671.00. The delivery for this would be thirty to forty days. C/M Disraelly MOVED the ADOPTION of Temp. Reso. #2241 awarding a bid to Modulaire Industries in the amount of $24,671.00, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 11. Surplus Equipment - Police Department - Temj2. Reso. #2242 - Dis- cussion and possible action to declare a motorcycle as surplus equipment and authorizing the City Manager to seek bids for the sale thereof. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R '?- PASSED. Temp. Reso. #2242. - 7 - 4/14/82 /pm Alan Ruf read the Resolution by title. V/M Massaro MOVED to APPROVE Temp. Reso. 42242, SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE 49. Surplus Water Meters - Temp. Reso. #2250 - Discussion and possible action. SYNOPSIS OF ACTION: Agendized RESOLUTION NO. R— 5?02-/0PASSED. by consent, APPROVED Temp. Reso. #2250. (See Page 1). Alan Ruf read the Resolution by title. V/M Massaro MOVED the ADOPTION of Temp. Reso. #2250 authorizing the sale of the water meters, SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE 12. Bike Path Construction - Temp. Reso. #2140 - Discussion and pos- sible action to approve an agreement with Florida Department of Transportation for a bike path on the west side of University Drive from NW 57 Street to Southgate Boulevard (tabled from 3/24/82). SYNOPSIS OF ACTION: Held until later. (See Page 9 & 26) . Alan Ruf read the Resolution by title. The City Manager said Mr. Ceasar has placed some calls with the DOT offices in Tallahassee to see if the questions the City has could be answered and as yet he has not received responses. This will be held later in the day awaiting his response. 13. Sister City Project - Temp. Reso. #2243 - Discussion and possible action to appoint a City representative to Kiryat Tivon. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R--f ?_p p PASSED. Temp. Reso. #2243 whereby Robert Shurr, designated as Commissioner of Human Relations, will present the greetings of the City to Kiryat Tivon and Jack Wiener will present the key to the City to the Mayor of Kiryat Tivon and both shall report to Council on their return. Mayor Falck said many people from Tamarac, including Robert Shurr will be visiting Kiryat Tivon during May. Alan Ruf read the Resolution by title. Mayor Falck said it was his recommendation to adopt this Resolution appointing Robert Shurr to represent the City. C/M Krantz said there is only one group going, they are leaving on May 5 and returning on June 2 and by mutual agreement Mr. Shurr is going to present the Proclamation and Mr. Wiener is going to present the key to the City. C/M Kravitz asked whether or not Council is doing the right thing as far as precedent is concerned. He asked if these representatives are entitled to expenses when they visit these Sister cities, since nowhere in the Resolution does it say anything about expenses. C/M Kravitz said he would be more comfortable if they could state that there would be no expenses involved. Mayor Falck said the matter of expenses was discussed with Mr. Shurr and he is accepting responsibility for his own expenses and neither he nor Mr. Wiener are expecting anything from the City. The only thing involved is that the City recognize that there is a group of people going over there. Mayor Falck said he would hope for a Workshop meeting when they return to discuss this further. - 8 - 4/14/82 /pm C/M Krantz said Messrs. Shurr and Wiener's expenses for the trap have been prepaid months in advance. The designation of Commissioner of Human Relations is only a temporary title and this is helpful when appearing before the Mayor of Kiryat Tivon. C/M Disraelly referred to an article which appeared in the Florida Municipal Record of October,1981 on Sister Cities indicating that 1981 was the 25th Anniversary of the Sister City Program in the United States. There are currently about 700 cities in the country which have Sister City relationships throughout the world. C/M Disraelly MOVED the ADOPTION of Temp. Res_o. #2243 whereby Robert Shurr will present the greetings of the City of Tamarac to Kiryat Tivon, who is designated as Commissioner of Human Relations and Jack Wiener will present the key to the City of Tamarac to the Mayor of Kiryat Tivon and both shall report to the Council on their return. SECONDED by C/M Krantz. V/M Massaro asked Mr. Ruf if anything more is needed in the Resolution to protect the City as far as expenses, etc.; Mr. Ruf said nothing is needed in this area. VOTE: ALL VOTED AYE 12. Bike Path Construction - Temp. Reso. #2140 - Discussion and pos- sible action to approve an agreement with Florida Department of Transportation for a bike path on the west side of University Drive from NW 57 Street to Southgate Boulevard (tabled from 3/24/82). SYNOPSIS OF ACTION: Held for later. (See Pages8 and 26) , Mitch Ceasar said they are working through a particular legislator and through DOT directly. There was a joint conference last week between V/M Massaro, the City Manager and Mr. Ceasar on the telephone about problems. Hopefully, there will be a Resolution quickly. They have said they will call back today. V/M Massaro suggested that if there is an answer this could be reopened. Mayor Falck said he would keep this item on the Table awaiting word. 15. Potential Annexation Areas - Discussion and possible action con- cerning future potential annexation reserve areas adjacent to the City. SYNOPSIS OF ACTION: Discussion only, No action was taken, presentation by Richard Rubin. Richard Rubin said the County informed the City months ago that they would like to have the cities more -knowledgeable of areas being platted of unincorporated portions of the County that might be brought into the City in the future. The reason is to assure that the City's future rights are protected, that the roadways are coordinated, that they are similar in intent to the characteristics the Council would like the City to have in the future. The City Planner said he submitted this information to Council several months ago and it appeared that Council endorsed the concept but did not want to go much further at that time. Fie, therefore, sent a general map to the County stating the areas that Council was concerned with. Mr. Rubin said there are several amendments being proposed to the Land Use Plan. One of the amendments will be to incorporate potential annexation and reserve areas, and ,'-,t if a piece of property is annexed to the City, the Council will know what the Land Use is of that property. - 9 - 4/14/82 /pm The City Planner checked with Broward State Division of Department of Veterans Community Affairs to see if this concept was acceptable to the State and they endorsed it. They said they would like to see more cities look to the future about annexation areas. This Land use Plan will come before the Council in two months and the City Planner asked Council for advice on areas that might have been left out. C/M Disraelly referred to the Potential Annexation Reserve Areas Map before Council and said there are some open spaces in white and because of the layout of the City it is difficult to know whether those are in or out of the City; they should be marked somehow. C/M Disraelly said it should be shown, in the eastern part of the City, who owns these areas. C/M Krantz recommended that the map be made larger to accommodate reading it. Richard Rubin said the final draft will be full size. ape Mayor Falck said he thinks Items 1 and 2 on the Potential Annexation 3 Reserve Area list are very desirable because these two parcels affect the City of Tamarac's residents there. The area relating to the Gold Coast School and the industrial development is a problem and anything that could be done would be beneficial to the City. V/M Massaro asked the City Planner if this was one of those contract zoning items and he said he is not talking about the subject of zoning. Mr. Rubin said the first step they are talking about is the perimeter of the areas they want to annex. He said eventually he would like the Council to identify what Land Use they want to see on this property either agreeing with the one that is in the County now or recommending any changes which can be done during the mammoth process. Mr. Rubin said this will come to Council in dune for a public hearing, and for the record, he said the only other city who could annex that industrial area south of the Executive Airport is Fort Lauderdale. Their staff is recommending to their City Commission that it be annexed into Tamarac and not into Fort Lauderdale. The reason is that if this area is in Fort Lauderdale all these units will want direct access to the Airport and they want to limit the access of these industrial build- ings to the Airport. 14. Cable TV Rates - Temp. Ord. #974 - Discussion and possible action on a request for rate increase by American Video Corporation. First Reading. SYNOPSIS OF ACTION: APPROVED on first reading. Alan Ruf read the Ordinance by title. Rick Scheller, Plant Manager of American Video Corporation said they were requesting an increase in rates of $1.50 per month for the first TV set, $1.00 for each additional set, installation and other monthly rates will remain unchanged. About three years have passed since the last rate increase and the rate increase from $8.00 to $9.50 represents an 18.7 increase or about half the increase of consumer price index. Mr. Scheller said, unfortunately, the areas in the economy which have experienced the greatest price rise happen to be those which are significant to the Cable TV operation. The three largest expense items -,are interest, employee wages and energy -related items such as gasoline and electricity to power the cable system. Since the last rate increase, the prime rate has increased 41%, the wage index has increased 34%, the price per gallon of gasoline has risen 72%. On top of spiraling expenses, the Cable TV industry and his company have experienced much more com- petition from ON TV, various independent paid distributors, the increased popularity of video cassette recorders, the introduction of video disc players, the sale of satellite -receiving discs to condominium complexes. Mr. Scheller said in the very near future satellite -to -home transmissions for cable programming will be added to these competitive pressures. None of the competitors pay franchise fees or have the expensive regulations - 10 - 4/14/82 /pm and they have had to respond to competitive pressures by offering more and more programming. As a result, since March, 1979 the cost for programming per subscriber has increased 94%. Both the investors and bank lenders have been patient providing the funds for the con- struction and operation of American Video's Cable TV system. They now believe, however, that the time has come for this increase which they believe is modest under the circumstances. They ask Council to act favorably on this. Mr. Scheller said the last time he appeared before Council there were two problems on 70th St. and 70th Ave. area, Sections 14, 16 and 17. For the record, this is clear and all problems have been addressed. Mayor Falck suggested that Mr. Scheller tell Council the additional services that are being provided at the old rate. Mayor Falck said as an original subscriber he got basic coverage and that was all but since then he has five or six additional channels at no additional cost. Mr. Scheller said since 1979 and without a rate increase they have added CNN, CNN2, WOR, Consumer Shopping Guide, and ESPN. V/M Massaro asked if the County has recently passed an Ordinance approving rate increases for his company. Mr. Scheller said yes. V/M Massaro asked how these rates correspond with the rates that they set? Mr. Scheller said they are exactly the same. Mr. Scheller said when.a complaint comes into the Repair Department, there are eleven personnel with eight handling the phones. As a repair call is received they automatically enter this into a computer terminal. This is automatically passed to the Dispatch Department which has two people on duty at all times. C/M Disraelly said that last November Mr. Scheller indicated he was going to actively poll certain sections that do not want this. Mr. Scheller said they were Sections 23 and 24 that wanted a revote. Carl Slatner, Sales Manager said they have talked to Section Presidents and interested parties within any Section that is not presently wired. They made another presentation to these areas and encouraged them to take another vote that would beheld officially within their Homeowners Association. Mr. Slatner said on polling Springlake it was shown that 42 out of 93 said that they wanted to have Cable TV and a much larger number said that they want it available. He said the other day he received mail from Harold Newman in Section 23 and their vote is still taking place but the favorable results are that 135 out of 200 have already said that they want Cable TV. Mr. Slatner said 2 sections that have had another vote have had favorable results and are going ahead with it. It will take approximately two months before they can begin. C/M Disraelly questioned the problems in the Isles of Tamarac and Mr. Scheller said these have been resolved. C/M Krantz asked what the mechanics are in starting this program, is a signed contract involved? Mr. Slatner said for an individual where there is the ability to route the cable through the easement and,therefore, make cable available as in a single family home there is never any contract. The only thing that an individual signs is the work order. When they are dealing with property other than a single family home then Right -of - Access is needed. C/M Krantz asked what the procedure is if, at the end of a term, would the cable be removed from the property? Mr. Slatner said there is no minimum time, it can be cancelled at any time. Generally, they would just disconnect the service from the signal and leave the cable. If it were a worn out line or they request a relocation this may necessitate 11 - 4/14/82 /pm a new line. Mr. Slatner said unless there is a specific request they do not remove the drop line entering the house. V/M Massaro MOVED the ADOPTION of Temp. Ord. #974 on first reading, SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE 27. Sale of Alcoholic Beverages - Temp. Ord. #970 - Discussion and possible action to prohibit the sale of alcoholic beverages during specified hours on Sunday. First Reading. SYNOPSIS OF ACTION: APPROVED on first reading. Alan Ruf read the Ordinance by title. V/M Massaro MOVED ADOPTION of Temp. Ord_ #970 on first reading, SECONDED by C/M Krantz. Mayor Falck said he brought this to the attention of Council and the City Attorney based on a complaint that had been registered in the eastern sections of the City. The City Manager said perhaps this conforms with Broward County hours but each municipality can institute its own hours. There are a few cities that have earlier hours: Plantation and Sunrise open at 8:00 a.m. on Sunday. Mayor Falck said there are mixed emotions: the City should not constantly try to be restrictive on some things but on the other hand when there are problems something must be done. VOTE: ALL VOTED AYE 34. Tamarac Gardens - Tem Reso. #2244 - Discussion and possible action to accept a Bill of Sale for the water distribution and sewage collection improvements. SYNOPSIS OF ACTION: APPROVED Temp. Reso. #2244. RESOLUTION NO. R- PASSED. Alan Ruf read the Resolution by title. C/M Disraelly said Council has the request from the City Engineer and the Bill of Sale signed by F & R Builders and he ;OVER the ADOPTION of Temp. Reso. #2244. SECONDED by C/M Krantz. - VOTE: ALL VOTED AYE 35. Woodview Tract 38 - Model Sales Facility - Discussion and possible action to renew a model sales permit for this project. (tabled from 3/24/82). SYNOPSIS OF ACTION: APPROVED renewal of model sales permit for 6 months from 1/11/82. C/M Disraelly said that Harry Grossman discussed with the City Attorney the fact that this project was in two phases and he wanted to know if his model sales could be based on Phase I instead of the entire site plan. In the discussions with him it was determined that he has paid through July, 1980 and his renewal for January and July, 1981 and January, 1982 had not been paid. The City is receiving a check from him for $900 which updates him. C/M Disraelly MOVED the renewal of the model sales from January 11, 1982 for six months, SECONDED by V/M Massaro. VOTE: ALL VOTED AYE - 12 - 4/14/82 /pm 28. Utility_Sheds - Temp. Ord. #961 - Discussion and.possible action to amend Section 7-1.7(a) of the Code concerning erection of utility sheds in residential districts. First Reading. SYNOPSIS OF ACTION: TABLED awaiting a memo from the Chief Building Official. Alan Ruf read the Ordinance by title. V/M Massaro said she would like to know if this ordinance was created as a request from Mr. Miller. C/M Disraelly said the Ordinance that was written several years ago required that the sheds be bolted down on a concrete slab to prevent a hurricane from blowing it away. C/M Disraelly referred to Al Miller's memo to Arthur Birken which was dated January 21, 1982 and he said the Chief Building Official should explain to Council the rationale behind this Ordinance. V/M Massaro said she does not know why they have this Ordinance. V/M Massaro MOVED that Temp. Ord. #961 be TABLED until such time as Council gets adequate information that would require it be brought back. Al Miller should give a memo to Council on this. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 29. Construction Trailers - Temp. Ord. #966 - Discussion and possible action to establish standards for construction trailers in the City. First Reading. SYNOPSIS OF ACTION: APPROVED Temp. Ord. #966 on first reading. Alan Ruf read the Ordinance by title. C/M Disraelly said this Ordinance is an attempt to establish criteria and he MOVED the ADOPTION of Temp. Ord. #966 on first reading. SECONDED by V/M Massaro. VOTE: ALL VOTED AYE 36. Versailles Gardens - Model Sales Facilit - Discussion and pos- sible action to renew a model sales permit for this project. SYNOPSIS OF ACTION: APPROVED renewal of model sales permit for 6 months from 4/22/82. C/M Disraelly said there is a letter from them indicating that their permit expires April 2.2 and the fee has been paid, therefore, he MOVED that permission for a model sales facility for six months from 4/22/82. SECONDED by V/M Massaro. VOTE: ALL VOTED AYE 32. Tamarac Town S uare - Discussion and possible action on: a) Revised site plan pertaining to building modifications, Parking and vehicular circulation pTe�p. Resa #2195. p g - o. b) Construction of sidewalks for this ro ect.(t bled from 3/24/82). SYNOPSIS OF ACTION: TABLED at the request of the petitioner. C/M Disraelly MOVED to TABLE this at the request of the petitioner, SECONDED by V/M Massaro. VOTE: ALL VOTED AYE - 13 - 4/14/82 /pm 37. Green Thumb Lawn & Garden Center - Revised Site Plan - Temp. Reso. #2245 - Discussion and possible action on a revised site plan for installation of a propane gas tank. SYNOPSIS OF ACTION: APPROVED with conditions. RESOLUTION NO. R- Z�Ag PASSED. V/M Massaro MOVED the ADOPTION of Temp. Reso. #2245 subject to them taking an Occupational License and paying the appropriate fees, as well as placement of a concrete curb around the island instead of the guardposts. SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE 42. Cypress Creek Commons - Discussion and possible action regarding plans for terraced area. SYNOPSIS OF ACTION: by Richard .Rubin. ape presentation Richard Rubin said the location for this is on Southgate Blvd. just east of 88th Ave. North of this is the Coral Springs High School and to the west and east is Cypress Creek Commons, to the south is a golf course and Tamarac Town Square. At a previous meeting, the City Planner was authorized to prepare some conceptual plans to see whether there were funds available to Grant this project. Mr. Rubin said he had initial discussions with one agency who is looking to fund water - oriented activities and they thought this concept would be acceptable. Mr. Rubin said after talking to members of Council two innovative ideas have come up related to the design of this entertainment area. Mr. Rubin referred to the two drawings he presented as alternate ideas and he said he would like to see from Council if either one of these will receive their endorsement and, if so, he will prepare the plans accept- able for construction and Grant purposes without any expenditure up front hoping that the Grant is received. If the Grant is received he would ask to be compensated for his services. If the Grant is not received he would consider this just part of his services to the City. Mr. Rubin said the major difference between the two drawings is that one shows the platform placed in an excavated area adjacent to the C14 canal on a fixed wood platform with lawned terraces going up a slope approximately 7 or 8 rows in depth. This was the one the agency that was mentioned before thought was an innovative use of the waterway. The other concept is easier to build, is safer and would require building the platform on the high ground with benched seating that would require a minimum of maintenance. This second concept is of a more permanent nature. C/M Disraelly said that bench seating was mentioned but this concept could be used whether there was bench seating or just grass. C/M Disraelly said that he would like to see this concept expanded to accommodate at least 400 people. Richard Rubin said this could be done with no problem. Mayor Falck asked if it could not be possible in either concept to have people bring their own chairs. Richard Rubin said this would be a fine idea of just a few fixed seats and the rest grassed area. Mr. Rubin said that the application would have to be in by June 1 with facts and figures. Mr. Rubin said they might have to lose a year because they were hoping to have this in by now but they will do their best to meet the deadline. Carl Alper, resident of Section 23 said a development such as this should - 14 - 4/14/82 /pm have some public input. Mr. Alper said there is now a shopping center, a new high school and now there is a planned amphitheatre in this area. He said he wonders if it might be more appropriate that this should be connected with the Veterans Memorial Park which is already on that strip of land where there is already parking facilities. C/M Disraelly suggested that the City Planner go ahead with the plan of the project as to whether it is located at the exact location adjacent to 88th Avenue or wherever will be discussed later. If there are no Grant funds this would be a moot point. C/M Disraelly said the original plan, indicated in a memo of January 27, said that they hoped to have a cost estimate in by April 15. MEETING WAS RECESSED TO 1:30 P.M. FOR LUNCH. MEETING WAS CALLED TO ORDER AT 1:30 F.M. ROLL CALL: PRESENT: Mayor Walter W. Falck Vice -Mayor Helen Massaroa.' Councilman Irving M. Disraelly Councilman David E. Krantz ABSENT AND EXCUSED: Councilman Philip B. Kravitz 31. Colony West Country Club - Discussion and possible action on request for: --- - — a) Extension of time for construction of sidewalk. b) Refund of a portion of retention fees. c) Operation of certain maintenance equipment prior to 8:00 a.m. SYNOPSIS OF ACTION: a) TABLED to next regular meeting, b) WITHDRAWN at request of petitioner, c) TABLED until first meeting in May. b) Syd Workman, Consultant to the Colony West Country Club requested that Item b) be withdrawn from the Agenda until such time as they will reapply. V/M Massaro MOVED that this Item be removed entirely from Council's Agenda, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE a) V/M Massaro said she would be inclined to allow them the extension of time since they are asking to construct the entire sidewalk at the same time. However, she would ask to TABLE this for further consideration because she wants to see what effect it has on other people in that area. Mr. Workman said there is one contractor doing the entire project and they would like it all completed at the same time. Mr. Workman said he would like to include the guardrail and the sidewalks together. V/M Massaro said this should not be allowed since the guardrail is necessary to avoid an accident. Mr. Workman said they have one con- tractor and for them to go out and get another for this portion of the project could create an administrative problem for the members of the Club. V/M Massaro said they are long beyond the time they were given originally and this should not be tied in with anything else. Mr. Workman said he would like time to talk to the contractor and return with a specific proposal. V/M Massaro suggested that consideration of a) be TABLED to the next regular meeting because at that time the guardrails will also be discussed, and she so MOVED, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE - 15 - 4/14/82 /pm c) Syd Workman said the request is to ask for some adjustment in the City Ordinances that govern when golf course equipment can start in the morning. Presently the Ordinance provides an 8:00 a.m. starting time which creates a hardship on behalf of his clients as relates to their ability to run a golf course that has an 8:00 starting time for its players. The request is to ask the City to modify the Ordinance to allow for a 7:00 a.m. starting time so that the greens equipment could be used prior to the starting time for the players. There are other golf courses in the community that have the ability to start earlier. V/M Massaro said on this request she would ask Council to consider the extension of the time that has been set by the Police Chief until another subject has been determined. The next Board of Directors meeting for the Colony West Country Club is scheduled for April 29. V/M Massaro said she would ask that they be permitted to continue the starting time that has been given to them by the Police Chief until the first meeting of May,and she so MOVED. SECONDED by C/M Krantz. Leo Ratner, member of the Coordinating Committee of Sands Point said they object to this because they are directly on the line of the golf course and the starting time has been a hardship for everyone there. Harold Slade, resident, said these people start at 6:30 or 6:45 since they were given the time of 7:00. Morris Goldberg, a member of the Executive Council of Sands Point Condominium said he represents them when he questions why the time was changed when he was told it was an 8:00 a.m. limit. V/M Massaro said when she told Mr. Goldberg this time, it was 8:00 a.m.,but they do have a right to come in and ask for a special privilege and that privilege has been granted to them. She said they did allow those trees to be cut and she has been endeavoring to assist the people to get the trees cut lower. V/M Massaro said that there are many thousands living around golf courses in the City and Sands Point is the only one that has filed a complaint about the time that they start. She said she lives 7-1/2 feet from a golf course so she has personal experience with this. She said that Sands Point and Colony West Country Club are neighbors and should work at being good neighbors. Mr. Workman said V/M Massaro's presentation was fair and they have yet to finalize an agreement between the various sides. Mayor Falck said the only matter before Council today is whether or not they will table this item until the first meeting in May. VOTE: ALL VOTED AYE A resident questioned how and why the time was changed and by whom. The City Manager said there is a provision in the law that restricts the operating hour to 8:00 a.m. that does permit the Chief of Police, upon application of the party that is affected, to extend that time to an earlier or later hour than normally would be until Council consideration can be given to a change of the hour on a more permanent basis. Charles Morris on the Council of Sands Point, said he would like to ask the gentleman representing Colony West Golf Course how he could equate a few people playing golf and getting out early with 1,000 people living on the golf course. Mayor Falck said Council has already closed the matter and any questions should be directed at the first meeting in May. Mayor Falck called a short recess. - 16 - 4/14/82 /pm PUBLIC HEARINGS 16. Bay Colony Property Com an , Inc. - Rezoning Petition #2-Z-82 Temp. Ord. #971 - Discussion and possible action to rezone the recreation parcel at Lake Colony, also known as Brookwood Gardens, and located at approximately 7100 Brookwood Boulevard, from R-4A (Planned Apartments) to S-1 (Open/Space Recreation). Second Reading. a) Acceptance of Affidavit of Publication and Affidavit of Posting. b) Consideration of Application. SYNOPSIS OF ACTION: a) .Accepted Affidavits ORDINANCE NO. 0 -a?,3 PASSED. of Publication and Posting, b) APPROVED Temp. Ord. #971 on second and final reading. a) Alan Ruf read the Affidavit by C/M Krantz. "ape VOTE: 5 the Ordinance by title. V/M Massaro MOVED APPROVAL of of Publication and the Affidavit of Posting, SECONDED ALL VOTED AYE Mayor Falck opened and closed the public hearing after no response. b) C/M Disraelly MOVED the ADOPTION of Ted Ord. #971 on second and final reading. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE C/M Disraelly asked Greg Darby why there is water that settles on the west side of Brookwood on McNab Rd. Mr. Darby said there is a con- struction fault in the paving and the curbing on McNab Rd. They have retained certain fees from the contractor and this was put in in accordance with the County construction of McNab Rd.; they over- looked the grading problem between the curbing. This was removed once and replaced but is still not satisfactory. Mr. Darby said they have not supplied release of the final payment on that portion of the work. This will be corrected within a reasonable period of time. 17. Shell Oil Company - Land Use Amendment - Petition #1-RU-81 - Temp. Ord. #930 - Discussion and possible action on a request to amend the Land Use Element of the Tamarac Comprehensive Plan, in order to increase the density from 100 units to a maximum of 200 units, by transferring 100 existing reserve units allocated to Flexibility Zone 60 and changing the land use from Low Density (0-5 dwelling units per acre) Residential. The subject lands are described as Parcel A of Mainlands 15, and are bounded on the east by the eastern boundary of the ,City, on the west and south by Vanguard Village Section 15. The north property line lies approximately 270--feet south of McNab Road. Second Reading. a) Acceptance of Affidavit of Publication and Affidavit of Posting. b) Consideration of Application. SYNOPSIS OF ACTION: a) Accepted Affidavits of Publication and Posting, b) APPROVED ORDINANCE N0. PASSED. Temp. Ord. #930 on second and final reading subject to receipt of check for publication fees and this not being presented to the County until the check is received. a) Alan Ruf read the Ordinance by title. V/M Massaro said the applicant owes over $600 in fees and C/M Disraelly said Julian Bryan called and indicated that he knew about the publication fee of over $600. He said the check will be mailed by the end of the week and he asked if this could be approved subject to not recording any papers with the County until the check is received. - 17 - 4/14/82 /pm C/M Disraelly MOVED the ACCEPTANCE of the Affidavit of Publication and the Affidavit of Posting, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE Mayor Falck opened and closed the public hearing with no response. C/M Disraelly MOVED the ADOPTION of Temp. Ord. #930, revised 3/24/82, subject to not presenting this to the County until the check is received from Shell Oil Company covering the fees of publication for about $600, SECONDED by V/M Massaro. VOTE: ALL VOTED AYE 18. Beautification Regulations - Temp. Ord. #964 - Discussion and possible action to amend Chapter 6 of the Code to permit Council to approve optional designs of walls separating business from residential property. Second Reading. SYNOPSIS OF ACTION: TABLED to the April 28 meeting. Alan Ruf read the Ordinance by title. Mayor Falck opened and closed the public hearing with no response. C/M Disraelly asked Mr. Ruf in reference to Line 19 authorizing the City to go on the "developer's" property to maintain the fence, etc. what happens with a future owner? Mr. Ruf said he would presume that that would be construed to mean the developer and any subsequent owner. C/M Disraelly MOVED the. ADOPTION of Temp. Ord. #964 revised 4/1/82 on second and final reading. SECONDED by V/M Massaro. VOTE: ALL VOTED AYE V/M Massaro referred Mr. Ruf to Line 21 of the Ordinance which states, "The cost of any repairs performed by the City shall be the responsibility of developer". Mr. Ruf said the sense of the Ordinance changes and if this were first reading he might suggest a change but this is second reading. Mr. Ruf said the sense of the Ordinance means whomever is in possession of the land. V/M Massaro said she is not comfortable with this. Mr. Ruf said if there is not an immediate need for the Ordinance then it should be redrafted. V/M Massaro MOVED to reconsider this item, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE Mayor Falck said since the public hearing has already been held,this will be on the Agenda for April 28 and will be handled as a Council item unless someone appears and raises a question, at which time the Chair will hear that person. V/M Massa.ro MOVED that Temp. Ord. #964 be TABLED to the next regular meeting for modification, SECONDED by C/M Disraelly. Alan Ruf will work out the questions raised by Council. VOTE: ALL VOTED AYE 19. Development_ Regulations - Tem Ord. #965 - Discussion and possible action to amend Chapter 7 of the Code pertaining to time limits for pulling Engineering permits and by modifying review procedures for revised site plans for improvements completed prior to annexation and prior to August 11, 1972. Second Reading. SYNOPSIS OF ACTION: APPROVED on second and final reading. ORDINANCE NO. O y w PASSED. - 18 - 4/14/82 /pm Alan Ruf read the Ordinance by title. Mayor Falck opened and closed the public hearing after no response. V/M Massaro MOVED the ADOPTION of Temp. Ord. #965 on second and final reading. SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE 20. All Service Refuse Co. - Commercial Garbage Collection Franchise - Temp. Ord. #975 - Discussion and possible action to renew this franchise for one year. First Reading. SYNOPSIS OF ACTION: APPROVED Temp. Ord. #975 on first reading. Alan Ruf read the Ordinance by title. Mr. Ruf said that the title should be changed to exclude the word "Non" before "Severability". The word "non" should be struck. C/M Disraelly MOVED the ADOPTION of Temp. Ord. #975 on first reading, SECONDED by C/M Krantz. ► 010aaA ALL VOTED AYE 39. Tamarac Professional Plaza (southwest corner of Brookwood Boule- vard and McNab Road - Temp. Reso. #2247 - Discussion and possible action concerning clarification of a parking waiver approval granted on January 13, 1982. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-- - p PASSED. Temp. Reso. #2247 with conditions. Item reconsidered (See Pages 20 & 21). Alan Ruf read the Resolution by title. C/M Disraelly said he asked that this be reagendized because the report that was sent to Mr. Fatizzi of Council Action was not what the intent of the discussions on that day were. C/M Disraelly said he did say in two instances to amend his Motion, it was his intent that those amendments were to be added to the original motion which stated, "The petition be denied until such time as they bring the parking lot lights up to standard, that handicapped spaces are provided, the hedge,as required by Code,is planted on McNab and Brookwood Blvd'!. C/M Disraelly said that Mr. Fatizzi said that lights had been installed but they were not as required by City standards. He, therefore, amended the Motion, and this should have been added, that the petition be denied until such time as they bring the parking lot lights up to standard or provide the City with a cash bond of $5,000 to guarantee the completion of the work. When the Motion was made, again amended, because of the parking that is involved it was agreed to with the proviso that the parking lot lights be brought up to standard and that the $5,000 be posted to be done within 90 days. . C/M Disraelly said since that time there have been at least two communications from Al Miller to Mr. Fatizzi advising him that the lights are still in violation and (here is communication dated the end of March from the Vice President of American Electric indicating that they have been contacted by the owner regarding the increased parking lot lighting and nothing has taken place yet. C/M Disraelly said the lighting there is very poor and he is asking Council to re- consider, based on the Resolution that has been prepared; that the handicapped parking spaces be provided, that the hedge as required by Code be planted on McNab and Brookwood Blvd. and that the parking lot lights be brought up to standard with a cash bond of $5,000 to be posted with the Council to guarantee completion. C/M Disraelly said under those conditions Council would waive the - 19 - 4/14/82 /pm parking spaces subject to future parking in the bays at no greater than 1 to 200. Peter Fatizzi said at the time, it was his recollection, that the parking lot lights were involved and attempts were being made to have this corrected. He said the owner was told when he appeared at City Hall that all he had to do was put up two signs that say "No Parking At Night" he would not have to be concerned about the lights. Mr. Fatizzi said he knew this was not so. Mr. Fatizzi said when work was done it was more than a year before anyone said this was inadequate. This should have been inspected. He said the gentleman that owns the property is just looking for some guidance and is aware the corrections must be made. C/M Disraelly said there is an Ordinance that stipulates how much illumination is needed and, evidently, when a permit was pulled to install lights on the building the lighting inspector did not check what the illumination would do to the parking lot. This is what must be corrected. Mr. Fatizzi said American Electric will not do anything there because of the restrictions of the City of Tamarac. They said they will only do something if they have an Engineer's plan showing them exactly what they have to do. C/M Disraelly said he has a memo dated April 2 from Al Miller advising Pat Kiley that the owner of Tamarac Professional Plaza was to meet with Mr. Fatizzi and an electrical contractor. Mr. Fatizzi said he has never seen this contractor but has talked to him on the phone and he said at this point they want a letter of intent to show what must be done. Mr. Fatizzi said the owner should get another electrician. C/M Disraelly said the City needs a $5,000 bond and will allow 90 days to do this; if this is not done then the City will find a contractor who will do this. C/M Disraelly provided Mr. Fatizzi with a copy of the Resolution to show the owner exactly what is required there. C/M Disraelly MOVED the ADOPTION of Temp,Reso. #2247, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 21. BrowFe rris Industriesf oFlorida, .T __ - Commercial Garbage Franchise -Temp. Ord. #976 - Discussion and possible action to renew this franchise for one year. First Reading. SYNOPSIS OF ACTION: APPROVED Temp. Ord. #976 on first reading subject to receipt of the audit prior to the second reading. Alan Ruf read the Ordinance by title. C/M Disraelly said the word "Non" appearing before the word'"Severability" in the title should be struck. C/M Disraelly said he spoke with BPI yesterday because the City has received their fees but had not received their renewal fee for $150 which they said would be mailed out express from Houston. It was received and the City has their bond in the amount of $2,500 but does not have an update of their insurance certificate nor of their policy. Carol Evans had a copy of the Certificate of Self -Insurance certified by the State Department; the only thing missing is the annual audit. C/M Disraelly said Council could pass this .subject to receipt of the audit prior to the second reading, and strike the word "Non" in the title on Line 7, so MOVED. SECONDED by V/M Massaro. V/M Massaro questioned why Council does not have all this information pertaining to the fees being paid, etc. before the meeting and the City Manager said this just arrived by Federal Express this morning. VOTE: ALL VOTED AYE - 20 - 4/14/82 /pm 22. Industrial Waste Services, Inc. - Commercial Garbage Collection Franchise - Temp. Ord. #977 - Discussion and possible action to renew this franchise for one year. First Reading. SYNOPSIS OF ACTION: TABLED until the City Manager receives more information. Alan Ruf said it was pointed out to him that the word "Non-Severability" belongs. Section 3 of the Ordinance says that if anything is invalid then there should be a repeal of the Ordinance which is exactly the opposite of what he normally reads. Alan Ruf read the Ordinance by title. The City Manager said it would be staff's recommendation that although contact was made advising them of the requirements in order for renewal, that a second communication be made to the company inquiring as to whether or not they wish to continue holding the franchise with the City. There has .been no activity in the past year and the City has not received a renewal fee, an audit report or a record of the fees paid. Their insurance expires January 1, 1983 so it would not be for a full year. C/M Disraelly MOVED that this item be TABLED until the City Manager has contacted Industrial Waste Services to determine if, in fact, they want a renewal of this franchise. The City Manager said it appears that if they were interested in terminating any possible collection services for commercial establish- ments in the City they would be requesting a refund of the cash bond that the City is holding. They have not done either, applied for renewal or applied to have the cash bond returned. V/M Massaro MOVED that Tem._ Ord. #977 be TABLED,.SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 39. Tamarac Professional Plaza (southwest corner of Brookwood Boule- vard and McNab Road) - Temp_,,_ Reso. #2247 - Discussion and possible action concerning clarification of a parking waiver approval granted on January 13, 1982. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R4- �-/p PASSED. Temp. Reso. #2247 as amended (See Pages 19 & 20). C/M Disraelly said that the Assistant City Clerk called to his attention that in the discussion of Mr. Fatizzi's problem there is a publication cost of $112.80 which is still due. They did receive a check in the amount of $59.96 from American Drywall, they assume this is partial payment of the above publication cost of $112.80. The Finance Depart- ment is holding that check until they determine whether the publication costs have been paid. C/M Disraelly said it should be called to Mr. Fatizzi's attention that in addition to the Resolution that there is an additional cost of $52.84 which is due to the City for publication costs. Mr. Fatizzi said he will call them and notify them of this. V/M Massaro MOVED to RECONSIDER Item #39, Tamarac Professional Plaza, SECONDED by C/M Tape Krantz. 6 VOTE: ALL VOTED AYE Alan Ruf said that Section c) of the Resolution should read "The parking lot lights to be brought up to standard within 90 days and a cash bond of $5,000 to be posted with the City by 12:00 noon 4/28/82 to guarantee completion". - 21 -- 4/14/82 /pm C/M Disraelly MOVED to ADOPT Temp. Reso. #2247 as amended in sub- section c) Section 1, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE V/M Massaro asked if Council has to go back to those items where the "non" was changed and Alan Ruf said 'no'. 23. County Waste, Inc. - Commercial Garbage Collection Franchise - Temp. Ord. #978 - Discussion and possible action to renew this franchise for one year. First Reading, SYNOPSIS OF ACTION: APPROVED Temp. Ord. #978 on first reading. City Clerk is to check renewal date of policy. Alan Ruf read the Ordinance by title. C/M Disraelly said the audit has been received, the fees have been paid through February, 1982, they have the renewal fee of $150, they have a bond in the amount of $2,700 and they have policies of the City co-insured only to 7/12/82. C/M Disraelly MOVED the ADOPTION of Temp. Ord. #978 on first reading for County Waste and the City Clerk is authorized to check the renewal date of the policy. SECONDED by V/M Massaro. VOTE: ALL VOTED AYE 24. Ronkoma Corporation - Commercial Garbage Collection Franchise - Temp. Ord. #979 - Discussion and possible action to renew this franchise for —one year. First Reading. SYNOPSIS OF ACTION: TABLED until the City Manager receives more information. Alan Ruf read the Ordinance by title. C/M Disraelly said the fees have been paid to date but the audit report has not been received. The amount of the bond is $250 and should be $2,500. The City does have the renewal fee but does not have the insurance policies. C/M Disraelly MOVED the APPROVAL of Temp. Ord. #979 on first reading, subject to the payment of the fees, the receipt of an audit report, that the bond be increased from $250 to $2,500 and that the City receives an insurance policy whereby the City is named co-insured. V/M Massaro and Mayor Falck said this should not be acted on and this should be tabled to give the City Manager an opportunity to obtain more information. C/M Disraelly MOVED to TABLE this until the City Manager receives more information, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 25. Southern Sanitation Service - Commercial Garbage Collection Fran- chise - Tem . Ord. #980 - Discussion and possible action to renew this franchise for one year. First Reading. SYNOPSIS OF ACTION: APPROVED Temp. Ord. #980 on first reading subject to receipt of policy prior to second reading. Alan Ruf read the Ordinance by title. C/M Disraelly said the City has received the renewal fee and the audit, the fees are paid through Feb- ruary, the City has a cash bond of $4,200 and a surety of $2,000. The policy should arrive before the second reading. C/M Disraelly MOVED APPROVAL of Temp. Ord. #980 on first reading subject to the receipt of the policy prior to the second reading. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE - 22 - 4/14/82 /pm 26. Durbin Paper Corp. -- Temp. Ord. #981 - Discussion and possible action to grant a non-exclusive newspaper collection franchise. First Reading. SYNOPSIS OF ACTION: APPROVED Temp. Ord. # 981 on first reading. Alan Ruf read the Ordinance by title. C/M Disraelly said they have had a collector that has not been collecting for four to six weeks, they have not heard from him. The City Manager has sent him a letter notifying him that he is in violation of his contract and the City has since come to an agreement with Durbin Paper Corp.who will be the acceptor of the paper and will provide the collector. C/M Disraelly said that there has been some newspaper publicity about this and the President's Council is aware of this. V/M Massaro asked if they picked up in the City previously. C/M Dis- really said 'no'. V/M Massaro said the papers are still standing in her section. C/M Disraelly said he advised Durbin Paper about this yesterday. The City Manager indicated that this is only the second Wednesday that they have attempted to pick up in the City and it is a new route. She said she suspects the problem in V/M Massaro's area is that that area will be subject to a future split. There is a collector through one of the armed services organizations who will be doing a portion of Mainlands 6 and it is possible that they confused this area which is on the borderline. This will have to be clarified with him. Laura Stuurmans said this individual has been a collector in the City and has been negotiating with the City about a month longer than Durbin. They have been collecting in the adjacent unincorporated area and the City began negotiations with them as a result of finding them scavenging from the City's program. They have very limited capabilities and they are happy to participate in the City franchise. They will only be able to collect a portion of Mainlands 6 that is immediately adjacent to Rock Island Rd., Mainlands. 8, 9, 10 and Vanguard and Woodlands. V/M Massaro said she personally is not happy with this and other people from her area are upset. C/M Disraelly said the garbagemen have been advised to pick these papers up. C/M Disraelly urged that this program be given a try since there is ecology and non=tipping fees involved as well as landfill and the saving of trees. C/M Disraelly MOVED that the proper City officials be authorized to sign the contract with Durbin, SECONDED by C/M Krantz. Morton Student said he is having a problem in Lime Bay concerning papers and C/M Disraelly said there are containers for paper to be placed in the trash rooms. VOTE: ALL VOTED AYE 40. Woodlands Homeowners Association - Temp. Reso. #2248 - Discussion and possible action concerning modification of sign waiver approval granted on March 10, 1982, regarding a ground sign in the median of Sago Palm Boulevard. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. PASSED. Temp. Reso. #2248 subject to 45 days notification of cancellation of policy. Alan Ruf read the Resolution by title. Harold Blank, Chairman of the Beautification Committee of the Woodlands Homeowners Association said they applied for a sign waiver that was granted on March 10 with certain provisions. - 23 ` 4/14/82 /pm Mr. Blank said the City is to be named in Section 2(.b) of the Reso- lution 82-62. The City is to be named as the additional insured on the liability insurance policy covering bodily injuries on property damage arising out of the location and construction of the sign and associated beautification; With coverage for the a,«ount of not less than $100,000 per person, $200,000 per accident and $100,000 property damage for at least five years. This is to remain in effect for as long as the sign remains in the median. The insurance policy or binder is to be approved by the City Attorney prior to the issuance of any permit for the sign. Mr. Blank said the policy is to provide that the City shall be given written notice by the insurance carrier for at least 45 days prior to cancellation. Mr. Blank said he signed a Hold -Harmless Agreement with the City Attorney at the time, Arthur Birken, to keep the City harm free. Mr. Blank said he has an insurance policy covering the City of Tamarac not for $100,000 or $200,000 but up to $1,000,000 covering both the City and the Woodlands Homeowners Association. The only question that came about, Mr. Blank said, is the five years pre -payment which he discussed with Arthur Birken and he sent a memo to City Council granting approval of a one year payment in advance. V/M Massaro said this insurance for any specific date has been a problem with the City and they would like to see all bonds from now on not have an expiration date but that it read that before any policy can be cancelled that the insurance company notify the City 30 or 60 days beforehand. V/M Massaro asked Mayor Falck if it is possible for them to write a policy whereby coverage will continue and that it cannot be cancelled. Mayor Falck said 'yes' and this policy is in order. C/M Disraelly MOVED APPROVAL of Temp. Reso. #2248, Section 1 to read, "That the waiver for the sign Ordinance #80-34 as granted by Resolution #82-62 is hereby confirmed; however, the term of the insurance policy required to be (inaudible) of the City in Section 2 b) of this Resolution shall require forty-five (45) days notice of cancellation or expiration of the policy by the carrier". SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 41. Waiver of Seawalls - Discussion and possible action on a request to waive the requirement for seawalls on Lot 51 in Woodlands Section 4 (located at the corner of Woodlands Boulevard and Umbrella Tree Lane). SYNOPSIS OF ACTION: APPROVED with conditions. Seymour Sadkin, a resident, said he is going to build his own house on Woodlands Blvd. and Umbrella Tree Lane and he is requesting the waiver of the seawall at the rear of the property. C/M Disraelly asked Mr. Sadkin if Council waives the seawall would he widen the canal to the survey line of his property? Mr. Sadkin said he does not know if he can do this since he does not want problems with his neighbor. V/M Massaro said this property has been filled in and this should be removed to the property line. She said she has no objection to waiving the seawall because it does abut a culvert crossing and on the other side is a piece of property that will be about the same depth as this one when it is excavated to the property line; the slope will have to be on Mr. Sadkin's property. The edge of water must be the edge of the property line. Mr. Sadkin said he has no objection but the only problem is if he excavates there will be about an eleven foot differential between the property to the north of him. V/M Massaro said that is their problem if they are beyond the property line and they will have to excavate at - 24 - 4/14/82 /Pm- some point in time. C/M Disraelly said the reason for the canals is water retention and when they are narrowed the water retention is reduced. He said there was a problem April 29, 1979 in the Woodlands area and they are trying to prevent this from happening again. V/M Massaro said the City Engineer will have to determine how much work will have to be done in the canal itself. Mr. Sadkin pointed out that this is the last house that will be built in Woodlands on this canal and according to his surveyor no other house has the property line as the water's edge, and he feels this is unfair. V/M Massaro said they are having problems in Woodlands with drainage and anyone coming in is being required to do this. She said any developers in the City who develop a piece of property must pay $35,000 an acre for the percentage that they are not giving for retention. The City requires 5% retention on each property. The City Engineer will determine how much excavation must be done in the canal itself to get the slope ac required by Ordinance. V/M Massaro MOVED that this property be granted the waiver of the seawall subject to them excavating to the property line and to conform to the sketch as required in our Ordinance and that the slope be on his property, SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE 30. Burglar Alarms - Temp. Ord. #728 - Discussion and possible action to regulate burglar alarm users and burglar alarm devices under Chapter 14 of the Code. First Reading (tabled from 1/27/82). SYNOPSIS OF ACTION: APPROVED Temp. Ord. #728 on first reading as amenced. Alan Ruf read the Ordinance by title. Mayor Falck said there was a Workshop on this recently and most of the questions raised have been answered. V/M Massaro MOVED the ADOPTION of Temp. Ord. #728 on first reading, SECONDED by C/M Disraelly. Y` Alan:Bernstein said in the Index, Item#3 Inspection Report and Item#4 Third False Alarm should be reversed. Inspection Report should be Item #4 and Third False Alarm should be Item #3. VOTE: ALL VOTED AYE 43. Drainage Improvements in the City - Discussion and possible action. SYNOPSIS OF ACTION: Mayor Falck is awaiting a reply from the residents of Sunflower/Heathgate area. Mayor Falck said he has been in touch with the attorneys for- Heathgate/ Sunflower area and he is awaiting a reply from them. V/M Massaro said she will remind the City Engineer about drainage problems in Section 7. She said a letter has been sent by Larry Keating to the County at the request of the City Manager to determine their responsibility, if any, about the flooding they are having in front of their property as a result of the Commercial Boulevard expansion. There has not been a reply from them yet on that. - 25 - 4/14/82 /pm 12. Bike Path Construction - Temp. Reso. #2140 - Discussion and possible action to approve an agreement with Florida Department of Transportation for a bike path on the west side of University Drive from NW 57 Street to Southgate Boulevard (tabled from 3/24/82). SYNOPSIS OF ACTION: TABLED (See Paqes 8 & 9). Mayor Falck said Mitch Ceasar indicated, earlier in the day that this item should be held for discussion in the afternoon but he has not appeared; therefore, C/M Disraelly MOVED to TABLE Tem Roso. #2140, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 44. Possession of Certain Ammunition - Temp. Ord. #973 — Discussion and possible action to regulate the possession of teflon-coated bullets known as "KTW bullets". SYNOPSIS OF ACTION: APPROVED Temp. Ord. #973 on first reading. Alan Ruf read the Ordinance by title. C/M Disraelly said he requested this Ordinance based on some that had been passed in surrounding cities. He said, although there are no known gun shops in this City, this Ordinance would protect residents from gun users who purchase these bullets in other cities. 'ape 7 V/M Massaro said she does not understand how this Ordinance will control what type of bullets someone will use. Mayor Falck said he reels one or the advantages to this would be if someone is carrying these and they are stopped for any reason there is more of an oppor- tunity to make the charges stand. C/M Disraelly said the language is to "possess or use" these bullets and it is the "possession" that he is trying to avoid. It is just more protection. C/M Disraelly MOVED the APPROVAL of Tem . Ord. #973 on first reading, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 48. Opposing the Location of a Count sail Annex at Commercial Boule- vard and 21st Avenue - Temp. Reso. #„2.249 -- Discussion and possible action. SYNOPSIS OF ACTION: Agendized RESOLUTION NO. R PASSED. by Consent. APPROVED Temp. Reso. #2249. (See Page 1). Alan Ruf read'the Resolution by title. V/M Massaro asked if there is anything more besides the Resolution that could be done. Mayor Falck said as Council members come in contact with members of the County Commission they state their opposition. He said it is unfortunate but the media is supporting this jail annex. Mayor Falck said there are homes there with senior citizens and this would be the worse type of facility to put there. C/M Disraelly said the Executive Airport Administrative Board had this on their agenda at their last meeting and they opposed it. C/M Disraelly MOVED the ADOPTION of Temp. Reso. #2249 to be sent to the County Commission, the City Commission of Fort Lauderdale and the surrounding municipalities, SECONDED by V/M Massaro. Mayor Falck said he intends to send a personal letter to these municipalities and Commissions along with this Resolution and he will use this in his contacts with the Broward League of Cities. VOTE: ALL VOTED AYE - 26 - 4/14/82 /pm 45. City Council Reports C/M Krantz said on April 1 he attended a meeting of the Fire Committee of the Bureau of Rules and Appeals. He is the Council Liaison to the Fire Department and one of the items discussed was the introduction of fee schedules for annual fire inspections. The cities of Davie, Cooper City and Pembroke Pines have an Ordinance which will give the City added income which could be used to increase the personnel of the Fire Department and give the City more inspections to comply with the Code. C/M Krantz said Tamarac has a mutual agreement with Lauderhill and Lauderdale Lakes and the Chief has received a copy of a contract from North Lauderdale. This is helpful in an emergency situation. Neighboring cities can help. C/M Disraelly said several people have written to the Chief of Police commending the police on their efforts especially in emergency situations. - He attended a meeting for a Block Home Program to protect the children. A program using puppets for Grades K-5 as a Crime Watch was suggested and this seems very useful. Dave Harris will be working with the Tamarac Elementary School on this. - The City Manager advised him that the paper was not picked up today; however, they will be back this afternoon to Mainlands 7 and 20. The last billing was approximately 20 tons of paper and BPI sent a check for $120.00. C/M Kravitz - Absent V/M Massaro - No Report Mayor Palck - No Report 46. Cit Mana er Report - No Report 47. City Attorney Report - No Report MEETING WAS ADJOURNED AT 4:00 P.M. ATTEST: ASSISTANT CITY CLERK MAYOR This public document was promulgated at a cost of $ 5 /Q r 0 <r $---Z 4,S 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. - 27 - 4/14/82 /Pm EXHIBIT "A" C) -.2T-