HomeMy WebLinkAbout1980-01-09 - City Commission Regular Meeting MinutesP. O. BOX 25010
TAMARAC, FLORIDA 33320
C
CITY OF TAMARAC, FLORIDA
CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, JANUARY 9, 1980
CALL TO ORDER: 10:00 A.M.
ANNOUNCEMENT OF TIME ALLOCATIONS - MOTIONS TO TABLE -- The
Chair at this time, will announce those items which have been
given a specific time to be heard, and will entertain motions
from Council members to table those items which require addi-
tional research. Council may agendize by majority consent,
matters of an urgent nature which have come to Council's
attention after publication of this agenda.
1. Consent Agenda - Items listed under Item #1, Consent
Agenda are viewed to be routine and the recommendation
will be enacted by one motion in the form listed below.
There will be no separate discussion of these items. If
discussion is desired, then the item(s) will be removed
from the Consent Agenda, and will be considered sepa-
rately.
a) Minutes of 12/19/79 - Reconvened Regular Meeting -
Approval recommended by City Clerk.
b) Minutes of 12/26/79 - Regular Meeting -- Approval
recommended by City Clerk.
c) Minutes of 12/28/79 - Special Meeting - Approval
recommended by City Clerk.
d) Alan F. Ruf - Consulting Attorney - 1/4/80 -- $750.00 -
Approval recommended by City Attorney.
e) Alexander Grant & Co. - Auditor - 11/26/79 - $5,000.00
Approval recommended by City Manager.
f) Alexander Grant & Co. - Auditor - 11/26/79 - $600.00 -
Approval recommended by City Manager.
g) Alexander Grant & Co. -- Auditor - 11/26/79 - $500.00 -
Approval recommended by City Manager.
h) Mitchell Ceasar - Grants Consultant - 12/12/79 -
$257.86, 12/19/79 - $388.99 - Approval recommended by
City Manager.
i) Fairways - Parcels C & D - Site Plan - Recommended to
be removed from agenda.
FIRST CLASS MAIL
(1/9-pgs.3,4)
a) , b) , d) & h)
Appd.; c)Rem'd.
to be rewritten;
e), f), g) Re-
moved for sub-
mission of
separate in-
voices,
i) Removed due
to change of
property owner-
ship.
LEGAL AFFAIRS
2. Si e Funeral Home - Discussion and possible action on
report by City Attorney. (to be located on McNab Road,
just east of Sunniland Bank).
3. Montwood Corporation -- Stipulation #3 - Temp.Reso.#1482-
Discussion and possible aiction.
i3erei�Yffell
(1/9-jpgs.4-7)
10/24/79 action
rescinded.
(1/9-pg.2 &1/10
pgs.1-4)RESO.80-
6 as amended.
4. City Clerk A22ointment -- Discussion and possible action. (1/9-pg.7)
M.Bertholf
5. Personal Property Lease Agreement - Temp. Reso. #1481 -
(1/9-pg.7)RESO.
Discussion and possible action to authorize appropriate
$0-4 from 2/l/
City Officials to execute an agreement with Ptl. Earl
80 to 1/31/81.
Tefft for lease of his personal motorcycle for Police
Department patrol duties.
6. Rezoning_N_otices -- Temp. Ord. #707 - Amending Code
(1/9-pgs'7,8)
Section 28-25 by requiring notice of rezoning be posted
Appd. as amen -
ded on 1st Rdg.
in a conspicuous place on property by property owner
or applicant. Discussion and possible action. First
Reading.
7. Offsite Improvements Benefiting_Developing Property -
(1/9--pg.8)
DENIED
Temp. Ord. #572 - Revised-- Discussion and possible
action to require developers to pay cost of offsite im-
provements which will benefit their property. First
Reading.
8.
N.W. 82nd Avenue - Alignment - Tem . Reso. #1484 - Dis-
(1/9-pgs.8,9)
cussion and possible action to urge Broward County to
RESO.80-3, as
require owners of this right-of-way to realign this
amended.
street for traffic engineering purposes.
COMMUNITY DEVELOPMENT
(1/9-pg.2)Tbld.
9.
Heftler Homes - Revised Site Plan - Discussion and
30 for.
to 1/23/80 for
possible action on request for perimeter wall on N.W.
lack of
cko fmaterials.
81st Street and N.W. 88th Avenue,
(1/9-pg•2)Tbld.
10.
University Community Medical Plaza - Bond Release -
to 1/23/80 for
Temp. Reso. #1459 - Discussion and possible action to
study by C.Engr.
release a subdivision improvement bond with submission
of a one-year warranty bond.
(1/9-pg.2, 1/10
11.
Canal Reservation Release - Tem Reso. #1485 - Discus-
sion and possible action to .release the canal reserva-
ESO .
ES080-5 APPD.
tions #12270, #12271 and 1.0-79-37 in the N.W. 1/4 of
Land Section 7-49-41.
(1/9-pg.19)Site
12.
Texaco Service Station - University Drive and McNab
plan to be sub -
Road -- Discussion and possible action on request for
fitted.
waiver of platting requirements to improve facility.
13.
Burger King - Drainage -- Discussion and possible action.
(1/9-pg.1)Re-
(proposed location - Commercial Boulevard west of N.W.
moved from
70th Avenue).
Agenda.
14.
Williams, Hatfield & Stoner - Consulting Engineer --
(1/9-pgs.9,10)
Discussion and possible action on authorization to pro-
W,H&S accepted
ceed with a force main design in connection with the
of exceed
wastewater treatment facilities.
$4,500.
GENERAL ADMINISTRATIVE/FINANCIAL
15. Public Works -- Wheel Balancer - Discussion and possible (1/9-pgs.15,16)
action on budget transfer for this procurement. (1/10-pgs.9.10)
urchase Appd.
PAGE THREE.
(1/9-pg.18 &
16. Bid Award - Public Works Truck - Temp. Reso. #1486 - /10-pg.10)Tbld.
Discussion and possible action to award a^bid �for one to 1/23/80.
dump truck.
17. Alexander Grant & Co. - Auditor - Discussion and possible (1/9 pgs.2,3)
action re: Tamarac Utilities - West. Tbld. to 1/23 i
18. Tamarac Park - Fees - Tem . Reso. #1447 - Discussion and (1/9--PM-pgs.1-5)
poss!ble action to adopt fees for use of park facilities. Tbld. for addtl
info.
PUBLIC HEARINGS - 2:00 P.M.
19. PETITION #20-Z-79. M_ONTWOOD, INC. -- to rezone from S-1
to R-3U. A portion of Woodmont North Golf Course adja-
cent to the western edge of Woodmont Tract 47 - north of
N.W. 81st Street and east of 88th Avenue. Discussion
and possible action. Temp. Ord. #686 - Second Reading.
20. PETITION #21--Z-79. M_ONTWOOD, INC. - to rezone from S-1
to R-3U. A portion of Woodmont North Golf Course adja-
cent to southern edge of Woodmont Tract 47 -- north of
N.W. 81st Street and east of N.W. 88th Avenue. Discus-
sion and possible action. Temp. Ord. #687 -- Second
Reading.
21. PETITION #22-Z-79. MONTWOOD INC. - to rezone from S-1
to R-3U. A portion of Woodmont North Golf Course adja-
cent to northeast tip of Woodmont Tract 47 - north of
N.W. 81st Street and east of N.W. 88th Avenue. Discus-
sion and possible action. Temp. Ord._#688 - Second
Reading
22. PETITION #23-Z-79. MONTWOOD INC. - to rezone from S-1
to R-4A. A portion of Woodmont North Golf Course adja-
cent to western edge of Woodmont Tract 49 - north of
N.W. 81st Street and east of N.W. 88th Avenue. Discus-
sion and possible action. Temp. Ord. #689 - Second
Reading.
23. PETITION 24-Z-79. M_ONTWOOD, INC. - to rezone from S-1
to R-4A. A portion of Woodmont North Golf Course adja-
cent to northeast tip of Woodmont Tract 49 - north of
N.W. 81st Street and east of N.W. 88th Avenue. Discus-
sion and possible action. Tem. Ord. #690 - Second
Reading.
24. PETITION #25-Z-79. MONTWOODI_ INC. - to rezone from S-1
to R-3U. A portion of Woodmont North Golf Course and
adjacent to southeast tip of Woodmont Tract 48 - north
of N.W. 81st Street and east of N.W. 88th Avenue. Dis-
cussion and possible action. Temp. Ord. #691 - Second
Reading. w
25. PETITION #26-Z-79. MONTWOOD INC. - to rezone from S-1
to R-lC. A portion of Woodmont North Golf Course adja-
cent to northwestern tip of Woodmont Tract 50 - south
of Southgate Boulevard - between University Drive and
N.W. 88th Avenue. Discussion and possible action.
Temp. Ord. #692 - Second Reading.
26. PETITION #27-Z-79. _MONTWOOD,_INC. - to rezone from S-1
to R-lC. A portion of Woodmont North Golf Course adja-
cent to northern edge of Woodmont Tract 50 - south of
Southgate Boulevard between University Drive and N.W.
88th Avenue. Discussion and possible action. Temp•_
Ord. #693 - Second Reading.
27. PETITION #28-Z-79. MONTWOOD INC. - to rezone from S-1
to R-lC. A portion of Woodmont North Golf Course adja-
cent to southeast boundaries of Woodmont Tract 50 -
south of Southgate Boulevard -- between University Drive
and N.W. 88th Avenue. Discussion and possible action.
Temp. Ord. #694 - Second Reading.
;1/9-pgs.10--15)
TABLED
;1/10--pg.5)
)RD.80-4 PASSED
(1/9)
(1/10-pg.5)
ORD.80-5 APPD.
(1/9)
(1/10-pg . 5 )
ORD.80-6 A.RPD.
(1/9)
(1/10-Pg.5)
ORD.80-7 APPD.
(1/9)
(1/10-pg.6)
ORD.80-8 AP:'D.
(1/9)
(1/10-pg.6)
ORD.80-9 APPD.
(/19)
(1/10-pg.6)
ORD.80-10 APPE.
(1/9)
(1/10-pg.6)
ORD.80-11 APPI.:.
(1/9)
(1/10-pg.6)
ORD.80-12 APPD.
28. PETITION #29-Z-79. MONTWOOD, INC. - to rezone from S-]_
to R-3U. A portion of Woodmont North Golf Course adja-
cent to northern part of Woodmont Tract 47 - north of
N.W. 81st Street and east of N.W. 88th Avenue. Discus-
sion and possible action. Tem Ord. #695 - Second
Reading.
29. PETITION #30--Z-79. MONTWOOD, INC. - to rezone from R-3U
to S-1. Southwest tip of Woodmont Tract 47 - north of
N.W. 81st Street and east of N.W. 88th Avenue. Discus-
sion and possible action. Temp. Ord. #696 - Second
Reading.
30. PETITION #31-Z-79. MONTWOOD, INC. - to rezone from R-3U
to S-1. A portion of northern part of Woodmont Tract 47-
north of N. W. 81st Street and east of N.W. 88th Avenue.
Discussion and possible action. Temp. Ord. #697 -
Second Reading.
31. PETITION #32-Z-79 MONTWQOD„, INCH - to rezone from R-3U
to S--1. The northeast tip of Woodmont Tract 47 -- north
of N.W. 81st Street and east of N.W. 88th Avenue. Dis-
cussion and possible action. Temp. Ord. #698 - Second
Reading.
32. PETITION #33-Z--79. MONTWOOD, INC. - to rezone from R-4A
to S-1. The southwest tip of Woodmont Tract 49 - north
of N.W. 81st Street and east of N.W. 88th Avenue. Dis-
cussion and possible action. Tem . Ord. #699 -- Second
Reading.��
33. PETIT.ION #34-Z-79. P40NTWOOD, INC. - to rezone from R-4A
to S--1. The northwest-. tip of Woodmont Tract 49 -- north
of N.W. 81st Street and east of N.W. 88th Avenue. Dis-
cussion and possible action. Temp. Ord. #700 - Second
Reading.
34. PETITION #35-Z-79. MONTWOOD, INC. - to rezone from R-4A
to S-1. A portion of the eastern edge of Woodmont Tract
49 - north of N.W. 81st Street and east of N.W. 88th
Avenue. Discussion and possible action. Temp.Ord.#701-
Second Reading.
35.
0111M
PAGE FOUR.
1/9-pgs.10-15)
1/10-pg.7)
)RD.80-13 APPD.
(1/9)
(1/10-pg.7)
ORD.80--14 APPD.
(1/9)
(1/10-pg.7)
ORD.80-15 APPD.
(1/9)
(1/10-pg.7)
ORD.80-16 APPD.
(1/9)
(1/10-pg- 7)
ORD.80-17 APPD.
(1/9)
(1/10-pg.8)
ORD.80-18 APPI].
(1/9)
(1/10-pg.8)
ORD.80-19 APPID.
PETITION #36-Z-79. MONTWOOD, INC. - to rezone from R-3U (1/9)
to S-1. The southern edge of Woodmont Tract 48 - north (1/10-pg.8)
of N.W. 81st Street and east of N.W. 88th Avenue. Dis- ORD.80-20 APPD.
cussion and possible action. Temp. Ord. #702 - Second
Reading.
PETITION #37-Z-79. MONTWOOD, INC. -- to rezone from R-IB (1/9)
to S-1. The northwest point of Woodmont Tract 50 - south �l (1/10-pg.8)
of Southgate Boulevard between University Drive and N.W. ORD.80-21 APPD.
88th Avenue. Discussion and possible action. Temp. Ord.
#703 - Second Reading.
37. PETITION #38-Z-79. MONTWOOD, INC. - to rezone from R-IC
to S-1. The southwest tip of Woodmont Tract 50 -- south
of Southgate Boulevard - Between University Drive and
N.W. 88th Avenue. Discussion and possible action. Temp.
Ord. #704 -- Second Reading.
38. PETITION #39-Z-79. MONTWOOD, INC. - to rezone from R-lC
to S-1. The northern edge of Woodmont Tract 50 - south
of Southgate Boulevard between University Drive and N.W.
88th Avenue. Discussion and possible action. Temp.Ord.
#705 - Second Reading.
(1/9)
(1/10-pg. 8 )
ORD.80-22 APPD.
(1/9)
(1/10--pg. 9)
ORD.80-23 APPD.
39. PETITION #40-Z-79. MONTWOOD,_INC. - to rezone from R-3U (1/9)
to S-1. A small strip of land on the south side of
Southgate Boulevard approximately 1800 feet east of N.W. ORD.80-24 APPD.
88th Avenue. Discussion and possible action. Temp.Ord.
#706 -- Second Reading.
�T.fr,s
40. City Council
41. City Manager
42. City Attorney
PAGE FIVE.
(1/9-pgs.21,22)
to
It
(1/10 - pg.10)
s
Please be advised that copies of legislation to be
considered are available for viewing and purchase in the
Office of the City Clerk.
CITY OF TAMARAC
MARILYN BERTHOLF,
ACTING CITY CLERK
43. Budget Amendment - Temp. Ord. #722 - Discussion and 1/9,Pg.16, Appvd.
possible action to amend the Fiscal Year 1979/80 Budget as amended on lst
by Temporary Ordinance #722 - First Reading. reading. ,
44. Amendment to Ordinance 0-79-47 - On -site Drainage - Dis-
cussion and possible action. Temp. Ord. #713.
a) and b)
45. All Service Refuse - Bond Release - Temp. Res_o. #1487 -
Discussion and possible action. �-
46. Traffic Lights - 49th and 50th Avenues & Commercial Blvd.
Discussion and possible action.
47. Williams, Hatfield & Stoner -- Drainage Plans - Discussion
and possible action.
48. Recreation Department - Proposed Carnival - Discussion
and possible action.
/9,Pg.1,Agend.by
Cons.,Pgs. 20-21,
Appvd.as Amended
1/9,Pg.1,Agend.by
Cons..PR. 19 AvnV
1/9,Pg.3,Agend.by
Cons.,Pgs.19-20,.
�C/Mgr.& C/Atty.to
deter. proper
procedure to sub-
mit to COunty
1/9,Pg.3,Agend.by
Cons.,Pg. 21,Augh.
given to prepare
study.
CITY OF TAMARAC, FLORIDA
CITY COUNCIL
SUPPLEMENTAL AGENDA
WEDNESDAY, JANUARY 9, 1980
PLEASE BE ADVISED THAT THE FOLLOWING ITEM IS HEREBY
INCLUDED ON THE CITY COUNCIL REGULAR MEETING AGENDA FOR
JANUARY 9, 1980, BEGINNING AT 10:00 A.M. THIS MATTER HAS BEEN
ADVERTISED AS A PUBLIC HEARING TO BE HELD AT 2:00 P.M. AS
ADVERTISED IN THE FORT LAUDERDALE NEWS ON DECEMBER 26, 1979
AND JANUARY 2, 1980.
PUBLIC HEARINGS - 2:00 P.M. (CONTINUED)
ITEM #43: - BUDGET AMENDMENT - TEMP. ORD. #722 - DISCUSSION
AND POSSIBLE ACTION TO AMEND THE FISCAL YEAR
1979/80 BUDGET BY TEMPORARY ORDINANCE #722 -
FIRST READING.
(1/9/80-pgs.16-
18) Appd. as
amended on 1st
Rdg.
MARILYN BERTHOLF
ACTING CITY CLERK
9
CITY OF TAMARAC, FLORIDA
REGULAR CITY COUNCIL MEETING
JANUARY 9, 1980
CALL TO ORDER: Mayor Falck called the meeting to order on Wednesday,
January 9, 1980, at 10:00 A.M., in the Council Chambers.
ROLL CALL: PRESENT: Mayor Walter W. Falck
Vice -Mayor Helen Massaro
Councilman Irving M. Disraelly
Councilman Harry Wiener
Councilwoman Marjorie Kelch
PRESENT: City Manager, Edward A. Gross
City Attorney, Arthur It. Birken
Acting City Clerk, Marilyn Bertholf
MEDITATION & PLEDGE OF ALLEGIANCE: Mayor Falck called for a Moment of Silent
Meditation followed by the Pledge of Allegiance.
Mayor Falck indicated that Item #18, the Tamarac Park - Fees, would be
scheduled at 7:00 P.M. this day. He reviewed the various items and the
time schedules for this agenda.
Mayor Falck advised of a communication received, which would remove Item #13
from the agenda.
COMMUNITY DEVELOPMENT
13. Burger Kin -_Drainage - Discussion and possible action. (Proposed loca-
tion - Commercial Boulevard west of N.W. 70th Avenue).
SYNOPSIS OF ACTION: Removed from the Agenda.
V/M Massaro said that the item has been resolved through mutual coopera-
tion with the Engineering Department and the Petitioner, and MOVED that
the item be removed from the Agenda, and C/M Disraelly SECONDED.
VOTE: ALL VOTED AYE.
C/M Disraelly requested that it be noted they are ready to proceed with
construction, as everything has been resolved.
C/M Disraelly requested to be excused from the 7:00 P.M. meeting this evening,
due to prior commitments, to which the Mayor concurred.
44. Amendment to Ordinance 0-79-47 -On-site Drainage - Discussion and pos-
sible action.
SYNOPSIS OF ACTION: AGENDIZED BY CONSENT
(See pages 20 & 21)
C/M Disraelly said this request was made by the City Attorney, and MOVED
that it be AGENDIZED BY CONSENT, and V/M Massaro SECONDED.
VOTE: ALL VOTED AYE.
45. All Service Refuse - Bond Release - Temp. Reso. #1487 - Discussion and
possible action.
SYNOPSIS OF ACTION: AGENDIZED BY CONSENT
(See page 19)
C/M Disraelly MOVED to AGENDIZE BY CONSENT a resolution releasing a cash
performance bond posted by All Service Refuse, and C/M Wiener SECONDED.
VOTE: ALL VOTED AYE.
C/M Disraelly indicated there was also a request for release of a bond
for County Waste, and so MOVED, and C/M Wiener SECONDED, but the Vice -
Mayor advised that there was a question on this item, and requested that
it not be agendized at this time.
-1- 1/9/80
mr/
R
LEGAL AFFAIRS
3. Montwood Corporation - Stipulation #3 - Temp. Reso. #1482 - Discussion
and possible action.
V/M Massaro requested that Item #3 be tabled to Thursday, January 10,
because the agreement was being typed, and would require review by the
City Council and the City Attorney, prior to action.
Mayor Falck advised that final action would be postponed on Items #19 through
#39, the Montwood Rezonings, but the Public Hearings would be conducted, as
scheduled, at 2:00 P.M. Further action would be taken after Item #3,
Montwood Corporation, Stipulation #3 has been heard, he said.
COMMUNITY DEVELOPMENT
9. Heftler Homes - Revised Site Plan - Discussion and possible action on
request for perimeter wall on N.W. 81st Street and N.W. 88th Avenue.
SYNOPSIS OF ACTION: Tabled to 1/23/80 meeting,
because required materials were not submitted.
V/M Massaro MOVED that this item be tabled to the next regular meeting,
because the City Engineer has not received all the required materials,
and C/M Disraelly SECONDED.
VOTE: ALL VOTED AYE.
10. University Community Medical Plaza - Bond Release - Temp. Reso. #1459 -
Discussion and possible action to release a subdivision improvement bond
with submission of a one-year warranty bond.
SYNOPSIS OF ACTION: Tabled to 1/23/80 meeting,
until completion of study by the City Engineer.
V/M Massaro MOVED to table this item to the next regular meeting, until
completion of study by the City Engineer, and C/W Kelch SECONDED.
VOTE: ALL VOTED AYE.
11. Canal Reservation Release - Temp. Reso. #1485 -- Discussion and possible
action to release the canal reservations #12270, #12271 and 10-79-37 in
the N.W. 1/4 of Land Section 7-49-41.
SYNOPSIS OF ACTION:City Attorney to prepare a
resolution, for filing with the SFWMD, with
action to be taken on 1/10/80.
V/M Massaro indicated that this item involved the release in Section 7,
but felt that action should not be taken at this time, because the need
for retention has not been determined. She then MOVED to table, and
C/M Wiener SECONDED.
Mr. Gross advised that the City has 30 days to respond to the South
Florida Water Management District, as to denial of the release, or
approval.
Mr. Birken inquired whether it was to be tabled, or not approved, until
a later date; and if so, it would require a resolution to deny this.
V/M Massaro WITHDREW HER MOTION,indicating that the City Attorney prepare
the proper resolution, to file with the Water Management District, and
action be taken at the January 10th recessed meeting.
Mr. Birken advised that a motion was not necessary at this time, and
the resolution would be prepared for the recessed meeting of January 10.
Mr. Gross requested that Item #17 be tabled to the 1/23/80 meeting, in order
for the auditors to be in attendance.
GENERAL ADMINISTRATIVE/FINANCIAL
17. Alexander Grant & Co. -- Auditor - Discussion and possible action re:
Tamarac Utilities - West.
-2-
1/9/80
mr/
SYNOPSIS OF ACTION: Tabled to 1/23/80 meeting.
V/M Massaro MOVED to table this item to the 1/23/80 meeting, and
C/W Kelch SECONDED.
VOTE: ALL VOTED AYE.
46. Traffic Lights - 49th and 50th Avenues & Commercial Boulevard -- Dis-
cussion and possible action.
SYNOPSIS OF ACTION: AGENDIZED BY CONSENT
(Seepages 19 & 20)
V/M Massaro indicated that on 49th and 50th Avenues at Commercial
Boulevard, there was a serious problem regarding the traffic lights.
She discussed this with the people in Engineering, at the County, and
it was determined that action be taken, if the City was not in agree-
ment with the removal of the traffic lights. She further added that
this involved the people living in Sections 6 and 7.
C/W Kelch MOVED to AGENDIZE BY CONSENT the Traffic Lights in the area
of 49th and 50th Avenues and Commercial Boulevard, because the transpor-
tation would be affected, and not permit the bus to turn, and C/M
Disraelly SECONDED.
VOTE: ALL VOTED AYE.
47. Williams, Hatfield & Stoner - Drainage Plans - Discussion and possible
action. --'�
SYNOPSIS OF ACTION:
(See page 21)
AGENDIZED BY CONSENT
V/M Massaro said that she was eager to see corrective work commence in
the City, but also noted that monies were appropriated for the drainage
system. She stated that the Public Works Director has prepared a map from
the "log" which was kept throughout the various rainstorms, with indica-
tion as to the problem areas. She further added that the City Engineer
would have to review this, and was requesting permission to use the Con-
sulting Engineer, Williams, Hatfield & Stoner, for purposes of estab-
lishing a program, which would require approval of Council.
V/M Massaro SO MOVED to AGENDIZE BY CONSENT, because it required addi-
tional expenditure, and C/W Kelch SECONDED.
VOTE: ALL VOTED AYE.
Mayor Falck advised that .Item #43, the Budget Amendment - Temp. Ord. #722,
was a Public Hearing, which was advertised for 2:00 P.M., and would be con-
sidered at that time.
Mr. Gross advised the public and press that there would be temporary inter-
ruptions of water, due to the construction of streets on Commercial Boulevard
west of the Turnpike. This would also affect Woodlands, and Sections 6 and
7 of the City, during the next week.
1. Consent Agenda
a) Minutes of 12/19/79 - Reconvened Regular Meeting -- Approval recom-
mended by City Clerk.
b) Minutes of 12/26/79 - Regular Meeting - Approval recommended by City
Clerk.
c) Minutes of 12/28/79 - Special Meeting - Approval recommended by City
Clerk.
d) Alan F. Ruf - Consulting Attorney - 1/4/80 - $750.00 (corrected to
read $775.00)--Approval recommended by City Attorney.
e) Alexander Grant & Co. -- Auditor - 11/26/79 - $5,000.00 - Approval
recommended by City Manager.
f) Alexander Grant & Co. - Auditor - 11/26/79 - $600.00 - Approval recom-
mended by City Manager.
g) Alexander Grant & Co. - Auditor - 11/26/79 - $500.00 - Approval recom-
mended by City Manager.
h) Mitchell Ceasar - Grants Consultant - 12/.12/79 - $257.86, 12/19/79 -
$388.99 - Approval recommended by City Manager.
-3-
1/9/80
mr/
14
r
r
i) Fairways - Parcels C & D - Site Plan - Recommended to be removed
from agenda.
SYNOPSIS OF ACTION: a), b), d) & h) Approved;
c) Removed, to be rewritten; e), f) & g) to be
removed for submission of separate invoices;
i) Removed, because the property was in the
midst of changing ownership.
C/M Disraelly requested that Item c) be removed, the Minutes of
12/28/79, which are to be rewritten; also removing Items e), f)
and g), because the forms are incorrect, and would request separate
invoices for each; also approving Items d) and h),with a requested
correction to d), in the amount of $775.00, as noted by Mr. Birken.
V/M Massaro requested that Item i) be removed, because the property
was in the process of new ownership.
Mr. Gross suggested that Item f) be completed withdrawn from the
agenda, because the bill was submitted in error, to which C/M Disraelly
requested that his recommendations be considered.
C/M Disraelly MOVED that Items a), b), d) and h) be approved, with
the removal of c), e), f),g) and i), to be removed, and C/W Kelch
SECONDED.
VOTE: ALL VOTED AYE.
C/M Disraelly MOVED to table Items c),e),f),g) and i) and V/M Massaro
SECONDED.
VOTE: ALL VOTED AYE.
LEGAL AFFAIRS
2. Siegel Funeral Home - Discussion and possible action on report by City
Attorney. (to be located on McNab Road, just east of Sunniland Bank).
SYNOPSIS OF ACTION: Special Exception granted on
10/24/79,was Rescinded; reprocessing would be re-
quired through the Planning Commission and then
City Council.
Mr. Birken said that his memorandum indicated that two distinct issues
required consideration by Council; 1) through an oversight, the Funeral
Home property was not posted, as required by regulations, both before
the Planning Commission and the City Council; and 2) was the issue of
vested rights, as to whether there was reliance by the Funeral Home, upon
the action of the Council in granting the special exception.
He said the closest analogy which he could find in the case law, on the
posting question, was rezoning ordinances. He further added that if
procedures are established, but are not followed, then actions would
be considered "null and void". Mr. Birken said there was a case where
a City granted a rezoning, and then waited 10 years before finding its
error, which involved reliance; and the City brought an action for a
declaratory judgment, but the Court determined that the City waited too
long.
But, he said, in this instance, the error was addressed as soon as it
was found, and felt that the City was not estopped from clarifying the
procedures, and protect The Siegels from a third party challenging the
action. Based on this, he felt, that the City should rescind the ap-
proval, at their expense, and as expeditiously as possible, proceed to
have the proper notices given, including posting. The matter, he stated,
would then come back to Council, on its merit; at which time the question
of vested rights may be raised.
Mr. Birken said that it would be incumbent upon the applicant to demon-
strate to the City, that after approval was given, it took affirmative
action, and spent monies, in reliance upon the approval that was given
by the City Council; and would then have vested rights. He further
pointed out that the City Council has not approved the final site plan,
which was another issue.
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�. J
V/M Massaro felt that the City should not be fully responsible for lack
of posting, because the Code clearly defines that the general special
exception may be granted in B-1, B-2 and B-3 business districts, pro-
vided the applicant adheres to the procedures set forth in Section 28-199.
She quoted a portion of this section; "shall be published in a newspaper
of general circulation in the City, and notice of the hearing shall be
posted on the property in question". The Vice -Mayor felt that at the
most, there was a dual responsibility involved, but reiterated that the
City was not completely responsible for it not being posted.
C/W Kelch inquired of the City Attorney, as to procedure to be followed.
Mr. Birken recommended that notices, advertisement and posting would
have to be redone; and go through the Planning Commission and City
Council. He also felt that refiling was not necessary, because it was
done properly,for special dxception.
Oscar Tucker referred to discussions held on December 14th, by himself
and other citizens, who have urgently suggested to Council that they
rescind the action taken on October 24, 1979, permitting this action
to take its natural course. He indicated that he spoke for the Presi-
dents' Council, the Woodland Homeowners Association, and for the Tamarac
Non -Partisan League. Mr. Tucker said that proper posting notice was not
given to the community, and felt that a special exception service should
not be granted in this instance, at this time.
Charles Finkel, Attorney for Mr. Siegel, said that he did concur with
the City Attorney, as stated in case law, but not the conclusions, as
indicated in his memorandum. He further added that the City's Zoning
Ordinance did provide for funeral home use in this particular zone, and
that a special exception was to be granted by the City Council, which
was required to be compatible with the health, welfare and safety of the
community.
Mr. Finkel said that both the Planning Commission and the City Council
heard the facts, and determined that there was no detriment, and granted
this special exception. Because, he said, there are no guide lines, and
this matter is in the ordinance, would cause the ordinance to be arbi-
trary or capricious; which was the discretion of the City Council, as
to its approval.
He felt that a group of people indicated their displeasure, and requested
another hearing, due to the decision of Council in granting this special
exception. Mr. Finkel said the reason was there was a defect in the
publishing of the hearing, regardless of newspaper publications, and
notices being sent to the landowners; the City did not post notice on
the property.
Mr. Finkel said that the City Attorney indicated that a defect in the
publication requirements would prevent a City from validly passing an
ordinance, to which he concurred. He further noted that there were no
cases in the State of Florida, which would apply this rationale to
special exceptions. Mr. Finkel further added that in reliance upon the
exception, Mr. Siegel incurred expenses in excess of $25,000, by en-
gaging an architect, a surveyor's services, and a bank commitment of
$500,000,000, towards the building of this funeral home. He suggested
that should the City Council consider holding public hearings again,
Tape that the liability be discussed, at length, with the City Attorney, in
Side order to understand the consequences.
#2
Ira Cor said that he was appearing as a petitioner, broker and citizen
of Pompano and Hollywood, in an attempt to resolve problems. He also
added that he was not originally seeking a zoning change, but a reliance
on the zoning category, to which this property has been placed. He
indicated this property has changed four or five times in its zoning,
but he was requesting a special exception, which was so stated in the
ordinance. Mr. Cor advised that he appeared in the City, requesting
the requirements involved for special exceptions, but said that he was
not informed of any procedure. He stated that a favor was not being
requested, but was before Council, for assurance that the special excep-
tion did not have noxious or offensive accoutrements to the property,
that would be on the basis of health, safety, public welfare or public
morality. This, he said, was the only criteria he was referring to.
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Mr. Cor said that in the topic of "notice", he observed that the agenda
indicated the establishment of a proper procedure for this. He felt
that inclusion should be made for the petitioner to receive proper
notice, as well as the public, in order to avoid uncertainties. He
additionally added, that after approval was given, Mr. Siegel did assure
him of closing on the purchase of the property, in an expeditious manner.
Mr. Cor further advised that he informed the owners of this anticipated
closing, namely, Mr. Earl Denny, an Attorney in West Palm Beach, and
his parents, who are also owners of this property. They, in turn, he
said, have entered into various other agreements, with the proceeds of
the sale of this property to be applied. fie additionally stated that
damages would be incurred as a result of these delays, and appealed to
the good judgment of the City Council, in the continuation of the ap-
proval.
He requested that a more definitive procedure be established, and asked
that Council adhere to procedures that have been followed.
Milton Meyer, President of the Board of Directors of the Greens Condo-
minium, stated that 210 unit owners were not aware of the special excep-
tion action that was taken in October of 1979. He felt that the tech-
nicality should be remedied, because it would result in a lawsuit by
the unit owners of the various condominiums involved. Mr. Meyer said
that it was obvious that the citizens objected to the construction of
a funeral home, and requested that the hearing be rescheduled to a
future date, before definite action is taken.
Harold H. Newman, President of Westwood 5 Association, in Westwood 23,
did anticipate that a favorable decision would be made for the people
of Tamarac. Mr. Newman reiterated, as was previously stated before
the Planning Commission, and two prior hearings of Council, that another
funeral home was not needed in the City of Tamarac. He appealed to
the City Council for denial of this special exception.
Lon Rubin, President of University Housing Corp., felt that if proper
posting notice was displayed, then he would have appeared at the origi-
nal hearing, in order to present his views He said that due to procedure
changes, he was unaware of the hearing, and was also denied the right
to appear.
Leo Hacker, President of Westwood Community 4 Association, in Westwood
22, which consists of 263 homeowners on McNab Road. He said the over-
whelming opinion of this section was to deny the erection of the funeral
home.
Max Blum said that he did not object to the funeral home being built,
and would favor such building across from his home, because they are
generally well -kept and quiet, and do not change the tax base or the
condition of the area. He further stated that he preferred such a
building, rather than a shopping center.
V/M Massaro was aware that the Planning Commission approved this special
exception, but felt that if they had the benefit of the residents opin-
ions, thoughts and feelings, the determination would have been different.
She said they were not aware of the petition for the special exception,
and did not appear before the Planning Commission, and, in turn, the
Commission was mislead. Also, she said, this occurred because of the
lack of posting, and would affect the large number of senior citizens
psychologically, with a tremendous impact on the City and surrounding
property, plus the district itself. She further added that it was im-
perative that this item be reheard, otherwise it would be an absolute
denial of justice to the people, indicating complete disregard for their
health and happiness.
V/M Massaro MOVED, that upon the recommendation of the City Attorney,
and upon very careful reconsideration arising from the petitions sub-
mitted by concerned citizens, who felt that they did not have proper
notification, and all other relevant grounds, she MOVED that the granting
of the special exception, on October 24, 1979, be hereby rescinded. She
further MOVED that the staff be instructed to cooperate with the peti-
tioner, so that all procedures, including posting, should be complied
with, in accordance with the ordinances, and that the process be repeated
-6- 1/9/80
mr/
and posting be done, or whatever is necessary, by going through the
Planning Commission and back to the City Council.
C/M Disraelly said that many problems that face the City Council from
time to time, require legal opinions, and through the City Attorney
input is received, in order to obtain legal justification of actions
to be taken. He heartily concurred with the remarks made by the Vice -
Mayor, and the opinion of the City Attorney, as indicated in the City
Code,which requires posting of the property, prior to consideration.
Because, he said, this was not accomplished, the City Council would
be required to adhere to Mr. Birken's recommendation. He then SECONDED
the motion.
C/M Wiener noted that he w9Ls the only Council member who voted against
this special exception, when it was originally approved. He did criti-
cize the apathy of the people, because they were not present at the
original hearing, but now felt that if proper notification had been
given to the people, a different decision would have been rendered.
VOTE: ALL VOTED AYE.
MAYOR FALCK CALLED FOR A FIVE-MINUTE RECESS.
4. Cit Clerk Appointment - Discussion and possible action.
SYNOPSIS OF ACTION: Marilyn Bertholf
appointed to the position of City Clerk.
Mr. Gross recommended the appointment of Marilyn Bertholf, as City
Clerk, from the position of Assistant City Clerk.
Mr. Birken advised that the City Charter states that the City Clerk
shall be appointed by the City Manager, with the consent of Council,
and compensation fixed by the City Council.
C/M Disraelly MOVED for the appointment of Marilyn Bertholf, as City
Clerk, filling the vacancy created when Laura Z. Stuurmans was appointed
to the position of Assistant City Manager. Based on Ms. Bertholf's
qualifications for the past few years, as Assistant City Clerk, such
appointment was being made, with compensation of 4%, in addition to
her present entitlement. V/M Massaro SECONDED the motion.
VOTE: ALL VOTED AYE.
The Council members congratulated her, and indicated their continued
assistance in the future.
5. Personal Property Lease -Agreement - Tem Reso. #1481 - Discussion and
possible action to authorize appropriate City Officials to execute an
agreement with Ptl. Earl Tefft for lease of his personal motorcycle
for Police Department patrol duties.
SYNOPSIS OF ACTION: Approved, with contract RESOLUTION NO.R- (O PASSED.
correction from 2 1/80 to 1/31/81.
The City Attorney read Temp. Reso. #1481.
Mr. Gross indicated that he reviewed the figures, and requested that
the contract be corrected to commence from 2/1/80 to 1/31/81, because
he was presently on temporary assignment, due to a shortage of patrol
units.
V/M Massaro MOVED that Temp. Reso. #1481 be approved, effective 2/l/80
to 1/31/81, as corrected, and C/W Kelch SECONDED.
The Vice -Mayor indicated that line 10 of the resolution did require
a change from December to January.
VOTE: ALL VOTED AYE.
6. Rezoning Notices - Temp. Ord. #707 - Amending Code Section 28-25 by
requiring notice of rezoning be posted in a conspicuous place on property
by property owner or applicant. Discussion and possible action. First
Reading.
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mr/
SYNOPSIS OF ACTION: Approved as amended,
on 1st Reading.
The City Attorney read Temp. Ord. #707, and noted a suggested change
by the Planning Commission, from nine (9) square feet, to three (3)
feet by three (3) feet, to which Council concurred.
V/M Massaro MOVED that Temp. Ord. #707 be approved on first reading,
as amended, and C/W Kelch SECONDED.
VOTE: ALL VOTED AYE.
7. Offsite Improvements Benefiting Developing Property - Temp. Ord.#572 -
Revised - Discussion and possible action to require developers to pay
cost of offsite improvements which will benefit their property. First
Reading.
SYNOPSIS OF ACTION: Denied.
The City Attorney read Temp. Ord. #572, and advised that the genesis
of the ordinance refers back to the old Waterside property in 1978.
He said this ordinance would address the problem, and permit reimburse-
ment of a percentage of the cost, to whoever institutes the project.
He also felt there were some negative features, wherein Council might
decide that an entire project should be put in by an individual in
some instances. Mr. Birken said that there would be limitations on the
City, which may or may not exist at the present time.
V/M Massaro indicated that she previously expressed her thoughts on
this, and did not feel that the City should adopt responsibility that
was being placed on them. She further said that a developer of property
should be responsible for the improvements that are required.
C/M Disraelly said that a developer could not do half of his property,
and then pay for someone else's half; which property may not be de-
veloped for five, eight or ten years, with the monies being tied -up.
He further added that the ordinance states that the developer would pay
for it entirely, and wait for reimbursement from another developer.
He also stated that six or seven owners may be involved in a half -mile
of property to the next road, which would create a problem. C/M
Disraelly said that, if at the end of the culvert, because there was
no dedicated street at that point; with 2 owners being involved in the
half -piece of the culvert, would tie-up the money of one developer, until
the other portion is developed.
C/W Kelch felt that if a developer was in favor of such improvements,
with reimbursement by other property owners, she did not understand
why the City should assume the responsibility of putting in a road or
a culvert. She felt that inclusion in the ordinance of a proportinate
amount,was an improvement, rather than one-half. C/W Kelch was in
favor of the ordinance, because it would permit development of the
property, without responsibility by the City.
V/M Massaro said this was previously discussed by another developer,
who felt that he could not put up all the money beforehand, which dis-
cussions became very lengthy. She said it was sold, after being evident
that the City would not put up money for this, and in, turn, the devel-
oper did all the work, and established cooperation with the Post Office.
The Vice -Mayor felt that the ordinance should be written to indicate
Tape that the developer has to assume the responsibility, with negotiations
Side to be made with other property owners.
#3
C/M Disraelly felt that the City should not keep such records, or
assume responsibilities of reimbursement from one developer to another.
He then MOVED to DENY Temp. Ord. #572, and V/M Massaro SECONDED.
VOTE: ALL VOTED AYE.
8. N. W. 82nd
Avenue - Alignment
- Tem .
Reso. #1484 - Discussion and
possible action to urge
Broward County
to require owners of this right-
of-way to
realign this
street for traffic
engineering purposes.
'SYNOPSIS OF ACTION:
Approved, as
amended,
RESOLUTION NO.R- 6-3 PASSED.
with hand delivery
to various individuals.
-8- 1/9/80
mr/
The City Attorney read Temp. Reso. #1484, and said, if approved, that
arrangement be made for delivery to the Broward County Commissioners,
because the plat was to be considered on the next agenda, for Commer-
cial Boulevard Shops.
C/M Disraelly said this resolution was well -written, as to the feelings
of the City Council members, and MOVED for the adoption of Temp. Reso.
#1484, with a Section 2, that the resolution shall be hand -delivered
to the members of the Broward County Commission, and C/M Wiener SECONDED.
V/M Massaro also indicated that copies should be hand -delivered to
Mr. Richard Mercer, Mr. John Gerren, Mr. Graham Watt, and J.B. Rushing.
VOTE: ALL VOTED AYE.
MEETING WAS RECESSED FOR LUNCIt TO 1:30 P.M.
MEETING WAS CALLED TO ORDER, ROLL CALL TAKEN, AND C/M WIENER TEMPORARILY
ABSENT.
COMMUNITY DEVELOPMENT
14. Williams, Hatfield & Stoner - Consulting Engineer - Discussion and
possible action on authorization to proceed withTa force main design
in connection with the wastewater treatment facilities.
SYNOPSIS OF ACTION: City Manager to notify Tony Nolan,
as to acceptance of the firm of Williams, Hatfield & Stoner;
at a cost not to exceed $4,500, with a time frame of 4 weeks.
Mr. Birken said that everyone was aware of the moratorium being in
effect, and the County Pumping Station was nearing completion. Also,
the necessity of connection arrangements were required prior to the
lifting of the moratorium, he said. The first step, he said, was to
have the plans prepared for the inter -connection, with a price not to
exceed $5,000, at the hourly rates, as established in the agreement
with Williams, Hatfield & Stoner.
V/M Massaro felt this should move forward, but said it was clearly
outlined that the involvement with this project, through bidding, would
be approximately $4,305.00. She further added that an upset price
should be $4,500.00, rather than $5,000.00.
C/W Kelch stated that the bottom of their letter indicates a time frame
of four (4) weeks, which is dated 12/20/79.
Mayor Falck said that he spoke with Mr. Birken this morning, and felt
that along with Comprehensive Planning and Staff Procedures, that the
City Manager, the City Attorney, and he, establish a detailed list,
in order to submit suggestions and decisions. In that manner, he said,
questions could be raised, if it was accomplished as quickly as possible.
Mr. Birken said that a memo was distributed by him, dated 1/4/80, which
established the items to be addressed; also, indicating that dates
should be noted next to the individual items.
Mayor Falck felt that the moratorium was placed in effect because of
the lack of waste water facilities, and would not be fair to the people
if it was not lifted.
C/M Wiener was in attendance at 1:45 P.M.
V/M Massaro felt this matter required more follow-up, and should pos-
sibly be determined if the time could be shortened, and indicated that
Tony Nolan could be asked.
Mr. Birken said that it was important to keep this in perspective, and
the City has to be ready when the County is, with the interim agreement
being finalized and approved with them. He also added that there were
1400 or 1500 ERCs, for which there are developers agreements, and for
which service has to be provided. But, he said, that it was evident
that the 1400 would not be used before the County Station is opened and
completed in September of 1980. Mr. Birken said that once the arrange-
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mr/
ments have been made, and the contracts established, the City Council
may be in a position to lift the moratorium. He further stated that
the inter -connection does not have to be completed for the moratorium
to be lifted. Mr. Birken said that the reason for the moratorium, is
because certain contractual obligations have been assumed under the
developers agreements, to provide service for those who have paid their
fees. He said this involved approximately 1700 or 2000 ERCs, and once
a connection is going to be made with the County, then some of the
capacity could be used at the plant.
V/M Massaro advised that if the capacity is used at the plant, at the
present time, before the ability for use of the 5,000,000 gallons which
would be obtained from the inter -connect to the smaller pumping station,
would cause a problem. She added that the Montwood and Leadership
people have the first privilege on any ERCs that are released, and until
this first connection has been made, it would involve difficulties.
Mr. Birken said if commitments and a contract was obtained from the
County, with plan approval and money, then he could not envision any
problems.
V/M Massaro said the moratorium should be lifted as soon as the first
inter -connect has been accomplished, to which C/M Disraelly noted that
there was still some capacity in the plant at the present time, but felt
that it was most important to establish a.program. He added that be-
cause of the addition in the City Manager's office, who is detail
oriented, the establishment of procedures and processes could be handled,
with presentation for the next meeting, for a very definite program.
V/M Massaro MOVED that the City Manager inform Mr. Nolan of Williams,
Hatfield & Stoner, that the City would like to have the plans for the
force main, as soon as possible, and hopefully, in less than four (4)
weeks, and that in accordance with his letter of December 11,1979,
which indicated that the bidding price would be approximately $4,305.00,
then the price would not exceed $4,500.00. C/M Wiener SECONDED.
VOTE: ALL VOTED AYE.
PUBLIC HEARINGS
Mayor Falck advised that the Chair will read the items, and motions will
be made to table action to 1/10/80, following the conclusion of Item #3,
Montwood - Stipulation #3.
19. PETITION #20-Z-79. MONTWOOD, INC. - to rezone from S-1 to R-3U.
A portion of Woodmont North Golf Course adjacent to the western edge
of Woodmont Tract 47 - north of N.W. 81st Street and east of 88th
Avenue. Discussion and possible action. Temp. Ord. #686 - Second
Reading.
SYNOPSIS OF ACTION: Tabled to 1/10/80,
because of incomplete research.
The Assistant City Manager read Temp. Ord. #686.
Mayor Falck opened the discussion to the public, and closed it because
there were no public comments received.
V/M Massaro MOVED for the tabling of this item to Thursday, 1/10/80,
because of incomplete research, and C/W Kelch SECONDED.
VOTE: ALL VOTED AYE.
20. PETITION #21-Z-79. MONTWOOD, INC. - to rezone from S-1 to R-3U.
A portion of Woodmont North Golf Course adjacent to southern edge
of Woodmont Tract 47 - north of N.W. 81st Street and east of N.W.
88th Avenue. Discussion and possible action. Temp. Ord. #687 - Second
Reading.
SYNOPSIS OF ACTION: Tabled to 1/10/80
Ms. Stuurmans, the Assistant City Manager, read Temp. Ord. #687.
Mayor Falck opened the discussion to the public, and closed it because
there were no public comments received. 1/9/80
-10- mr/
C/M Disraelly MOVED to table Temp. Ord. #687 to the meeting of 1/10/80,
and C/W Kelch SECONDED.
VOTE: ALL VOTED AYE.
21. PETITION #22-Z-79. MONTWOOD, INC. - to rezone from S-1 to R-3U.
A portion of Woodmont North Golf Course adjacent to northeast tip of
Woodmont Tract 47 - north of N.W. 81st Street and east of N.W. 88th
p _. 2. Ord. #688 - Second
Avenue. Discussion and ossible action. Tem
Reading.
SYNOPSIS OF ACTION: Tabled to 1/10/80
The Assistant City Manager read Temp. Ord. #688, by title only.
Mayor Falck opened the discussion to the public, and closed it because
there were no public comments received.
C/M Wiener MOVED to table Temp. Ord. #688 to 1/10/80, and C/W Kelch
SECONDED.
VOTE: ALL VOTED AYE.
22. PETITION #23-Z-79. MONTWOOD, INC. - to rezone from S-1 to R-4A. A
portion of Woodmont North Golf Course adjacent to western edge of
Woodmont Tract 49 - north of N.W. 81st Street and east of N.W. 88th
Avenue. Discussion and possible action. Tem Ord. #689 - Second
Reading.
SYNOPSIS OF ACTION: Tabled to 1/10/80
Ms. Stuurmans read Temp. Ord. #689, by title only.
Mayor Falck opened the discussion to the public, and closed it because
there were no public comments received.
V/M Massaro MOVED to table Temp. Ord. #689 to the meeting of 1/10/80,
and C/M Disraelly SECONDED.
VOTE: ALL VOTED AYE.
23. PETITION #24-Z-79. MONTWOOD, INC. - to rezone from S-1 to R-4A. A
portion of Woodmont North Golf Course adjacent to northeast tip of
Woodmont Tract 49 - north of N.W. 81st Street and east of N.W. 88th
Avenue. Discussion and possible action. Temp. Ord. #p690 - Second
Reading.
SYNOPSIS OF ACTION: Tabled to 1/10/80
The Assistant City Manager read Temp. Ord. #690, by title only.
Mayor Falck opened the discussion to the public, and closed it because
there were no public comments received.
V/M Massaro MOVED to table Temp. Ord. #690 to the 1/10/80 meeting,
and C/W Kelch SECONDED.
VOTE: C/W Kelch - Aye
C/M Wiener - Aye
C/M Disraelly - Absent from dais
V/M Massaro - Aye
Mayor Falck - Aye
24. PETITION #25-Z-79. MONTWOOD, INC. - to rezone from S-1 to R-3U. A
portion of Woodmont North Golf Course and adjacent to southeast tip of
Woodmont Tract 48 - north of N.W. 81st Street and east of N.W. 88th
Avenue. Discussion and possible action. Temp. Ord. #691 - Second
Reading.
SYNOPSIS OF ACTION: Tabled to 10/10/80
Ms. Stuurmans read Temp. Ord. #691, by title only.
Mayor Falck opened the discussion to the public, and closed it because
there were no public comments received.
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mr/
C/W Kelch MOVED that consideration of Temp. Ord. #691 be tabled to
the 1/10/80 meeting, and C/M Wiener SECONDED.
VOTE: ALL VOTED AYE.
25. PETITION #26-Z-79. MONTWOOD, INC. - to rezone from S-1 to R-1C. A
portion of Woodmont North Golf Course adjacent to northwestern tip of
Woodmont Tract 50 - south of Southgate Boulevard - between University
Drive and N.W. 88th Avenue. Discussion and possible action. Temp.
Ord. #692 - Second Reading.
7YNOPSIS OF ACTION: Tabled to 1/10/80
s
The Assistant City Manager read Temp. Ord. #692, by title only.
Mayor Falck opened the -discussion to the public, and closed it because
there were no public comments received.
V/M Massaro MOVED that Temp. Ord. #692 be tabled to 1/10/80, and
C/W Kelch SECONDED.
VOTE: ALL VOTED AYE.
26. PETITION #27-Z-79. MONTWOOD, INC. - to rezone from S--1 to R-1C. A
portion of Woodmont North Golf Course adjacent to northern edge of
Woodmont Tract 50 - south of Southgate Boulevard between University
Drive and N.W. 88th Avenue. Discussion and possible action. Temp.
Ord. #693 - Second Reading.
SYNOPSIS OF ACTION: Tabled to 1/10/80
Ms. Stuurmans read Temp. Ord. #693, by title only.
Mayor Falck opened the discussion to the public, and closed it because
there were no public comments received.
C/M Wiener MOVED to table Temp. Ord. #693 to the 1/10/80 meeting,.
and C/W Kelch SECONDED.
VOTE: ALL VOTED AYE.
27. PETITION #28-Z-79. MONTWOOD, INC. - to rezone from S-1 to R--1C. A
portion of Woodmont North Golf Course adjacent to southeast boundaries
of Woodmont Tract 50 - south of Southgate Boulevard - between University
Drive and N.W. 88th Avenue. Discussion and possible action. Temp.
Ord. #694 - Second Reading.
SYNOPSIS OF ACTION: Tabled to 1/10/80
The Assistant City Manager read Temp. Ord. #694;-by title only.
Mayor Falck opened the discussion to the public, and closed it because
there were no public comments received.
V/M Massaro MOVED to table Temp. Ord. #694 to the recessed meeting
of 1/10/80, and C/W Kelch SECONDED.
VOTE: ALL VOTED AYE.
28. PETITION #29-Z-79. MONTWOOD, INC. - to rezone from S-1 to R-3U. A
portion of Woodmont North Golf Course adjacent to northern part of
Woodmont Tract 47 - north of N.W. 81st Street and east of N.W. 88th
Avenue. Discussion and possible action. Temp. Ord. #695 - Second
Reading.
SYNOPSIS OF ACTION: Tabled to 1/10/80
Ms. Stuurmans read Temp. Ord. #695, by title only.
Mayor Falck opened the discussion to the public, and closed it because
there were no public comments received.
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C/W Kelch MOVED that Temp. Ord. #695 be tabled to 1/10/80, and
C/M Wiener SECONDED.
VOTE: ALL VOTED AYE.
29. PETITION #30-Z-79. MONTWOOD, INC. - to rezone from R-3U to S-1.
Southwest tip of Woodmont Tract 47 - north of N.W. 81st Street and
east of N.W. 88th Avenue. Discussion and possible action. Temp.
Ord. #696 - Second Reading.
SYNOPSIS OF ACTION: Tabled to 1/10/80
The Assistant City Manager read Temp. Ord. #696, by title only.
Mayor Falck opened the discussion to the public, and closed it because
there were no public comments received.
V/M Massaro MOVED to table Temp. Ord. #696 to the 1/10/80 meeting,
and C/W Kelch SECONDED.
VOTE: ALL VOTED AYE.
30. PETITION #31-Z-79. MONTWOOD, INC. - to rezone from R-3U to S-1. A
portion of northern part of Woodmont Tract 47 - north of N.W. 81st
Street and east of N.W. 88th Avenue. Discussion and possible action.
Temp. Ord. #697 - Second Reading.
SYNOPSIS OF ACTION: Tabled to 1/10/80
Ms. Stuurmans read Temp. Ord. #697, by title only.
Mayor Falck opened the discussion to the public, and closed it because
there were no public comments received.
C/W Kelch MOVED to table Temp. Ord. #697 to the 1/10/80 meeting, and
C/M Wiener SECONDED.
VOTE: ALL VOTED AYE.
31. PETITION #32-Z-79. MONTWOOD, INC. - to rezone from R-3U to S-1. The
northeast tip of Woodmont Tract 47 - north of N.W. 81st Street and
east of N.W. 88th Avenue. Discussion and possible action. Temp. Ord.
#698 - Second Reading.
SYNOPSIS OF ACTION: Tabled to 1/10/80
The Assistant City Manager read Temp. Ord. #698, by title only.
Tape Mayor Falck opened the discussion to the public, and closed it because
Side there were no public comments received.
#4
C/M Wiener MOVED to table Temp. Ord. #698 to the 1/10/80 meeting,
and C/W Kelch SECONDED.
VOTE: ALL VOTED AYE.
32. PETITION #33-Z-79. MONTWOOD, INC. - to rezone from R-4A to S-1. The
southwest tip of Woodmont Tract 49 - north of N.W. 81st Street and east
of N.W. 88th Avenue. Discussion and possible action. Temp. Ord. #699 -
Second Reading.
SYNOPSIS OF ACTION: Tabled to 1/10/80
Ms. Stuurmans read Temp. Ord. #690, by title only.
Mayor Falck opened the discussion to the public, and closed it because
there were no public comments received.
V/M Massaro MOVED to table Temp. Ord. #699 to the 1/10/80 meeting,
and C/W Kelch SECONDED.
VOTE: ALL VOTED AYE
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33. PETITION #34-Z-79. MONTWOOD, INC. - to rezone from R-4A to S-1. The
northwest tip of Woodmont Tract 49 - north of N.W. 81st Street and
east of N.W. 88th Avenue. Discussion and possible action. Temp. Ord.
#700 - Second Reading.
SYNOPSIS OF ACTION: Tabled to 1/10/80
The Assistant City Manager read Temp. Ord. #700, by title only.
Mayor Falck opened the discussion to the public, and closed it because
there were no public comments received.
C/W Kelch MOVED to table Temp. Ord. #700 to the 1/10/80 meeting, and
C/M Wiener SECONDED.
VOTE: ALL VOTED AYE.
34. PETITION #35-Z-79. MONTWOOD, INC. - to rezone from R-4A to S-1. A
portion of the eastern edge of Woodmont Tract 49 - north of N.W. 81st
Street and east of N.W. 88th Avenue. Discussion and possible action.
Temp. Ord. #701 - Second Reading.
SYNOPSIS OF ACTION: Tabled to 1/10/80
Ms. Stuurmans read Temp. Ord. #701, by title only.
Mayor Falck opened the discussion to the public, and closed it because
there were no public comments received.
V/M Massaro MOVED to table Temp. Ord. #701, to the recessed meeting of
1/10/80, and C/M Wiener SECONDED.
VOTE: ALL VOTED AYE.
35. PETITION #36-Z-79. MONTWOOD, INC. - to rezone from R-3U to S-1. The
southern edge of Woodmont Tract 48 - north of N.W. 81st Street and
east of N.W. 88th Avenue. Discussion and possible action. Temp. Ord.
#702 - Second Reading.
SYNOPSIS OF ACTION: Tabled to 1/10/80
The Assistant City Manager read Temp. Ord. #702, by title only.
Mayor Falck opened the discussion to the public, and closed it because
there were no public comments received.
C/M Wiener MOVED for the tabling of Temp. Ord. #702, to the 1/10/80
meeting, and C/W Kelch SECONDED.
VOTE: ALL VOTED AYE.
36. PETITION #37-Z-79. MONTWOOD, INC. - to rezone from R-1B to S-1. The
northwest point of Woodmont Tract 50 - south of Southgate Boulevard
between University Drive and N.W. 88th Avenue. Discussion and possible
action. Temp. Ord. #703 - Second Reading.
SYNOPSIS OF ACTION:
Tabled to 1/10/80
Ms. Stuurmans read Temp. Ord. #703, by title only.
Mayor Falck opened the discussion to the public, and closed it because
there were no public comments received.
C/W Keich MOVED to table Temp. Ord. #703 to the 1/10/80 recessed meeting,
and C/M Wiener SECONDED.
VOTE: ALL VOTED AYE.
37. PETITION #38-Z-79. MONTWOOD, INC. - to rezone from R-1C to S-1. The
southwest tip of Woodmont Tract 50 - south of Southgate Boulevard -
between University Drive and N.W. 88th Avenue. Discussion and possible
action., Temp. Ord. #704 - Second Reading.
SYNOPSIS OF ACTION: Tabled to 1/10/80
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The Assistant City Manager read Temp. Ord. #704, by title only.
Mayor Falck opened the discussion to the public, and closed it because
there were no public comments received.
V/M Massaro MOVED for the tabling of Temp. Ord. #704 to the recessed
meeting of 1/10/80, and C/W Kelch SECONDED.
VOTE: ALL VOTED AYE.
38. PETITION #39-Z-79. MONTWOOD, INC. - to rezone from R-lC to S--1. The
northern edge of Woodmont Tract 50 - south of Southgate Boulevard
between University Drive and N.W. 88th Avenue. Discussion and possible
action. Tem. Ord. #705 _ Second Reading.
SYNOPSIS OF ACTION: Tabled to 1/10/80
Ms. Stuurmans read Temp. Ord. #705, by title only.
Mayor Falck opened the discussion to the public, and closed it because
there were no public comments received.
C/W Kelch MOVED that Temp. Ord. #705 be tabled to the 1/10/80 meeting,
and C/M Wiener SECONDED.
VOTE: ALL VOTED AYE.
39. PETITION #40--Z-79. MONTWOOD, INC. - to rezone from R-3U to S-1. A
small strip of land on the south side of Southgate Boulevard approxi-
mately 1800 feet east of N.W. 88th Avenue. Discussion and possible
action. Temp. Ord. #706 - Second Reading.
SYNOPSIS OF ACTION: Tabled to 1/10/80
The Assistant City Manager read Temp.Ord. #706, by title only.
Mayor Falck opened the discussion to the public, and closed it because
there were no public comments received.
V/M Massaro MOVED for the tabling of Temp. Ord. #706 to the 1/10/80
meeting, and C/W Kelch SECONDED.
VOTE: ALL.VOTED AYE.
MAYOR FALCK RELINQUISHED THE GAVEL TO V/M MASSARO TEMPORARILY.
GENERAL ADMINISTRATIVE/FINANCIAL
15. Public Works - Wheel Balancer - Discussion and possible action on
budget transfer for this procurement.
SYNOPSIS OF ACTION: Tabled to 1/10/80, for report
of Finance Director, before and after transfer of
figures.
Ms. Stuurmans advised that Council received input from the Finance
Director and the City Manager's office, with recommendations for a
transfer from the Police Auto Repairs Account #1-218-521-460, in the
amount of $800.00, for such expenditure. She said that an amount of
$700 would be taken from the Contingency Fund. Also, Ms. Stuurmans
indicated that the City Manager's office concurs with the Finance De-
partment, as to the $800.00 portion being taken from the Police Account,
which would estimate the amount required for outside repairs, for the
balance of the year. She further added that by purchasing this equip-
ment, the repair work would be accomplished at the Public Works Depart-
ment, with City personnel. She additionally stated that the remaining
$700.00, to be taken from Contingency, was due to an unexpected expendi-
ture, that was unbudgeted, and does replace capital equipment of the
Public Works Department used throughout the City's departments, with
vehicles.
C/M Disraelly said this was discussed two weeks previous, and it was
determined that $304.00 was expended for the first three months of the
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year, by the Public Works Department, for police vehicles only. He
felt this should also be charged against the Police Department, and
not the Public Works Department or the Contingency Fund, in the amount
of $1,100.00.
Bob Hoyt, the Finance Director, advised that the Public Works -Shop
Maintenance Department will be balancing wheels on other cars, outside
of the Police Department. But, he said, because the majority of the
fleet was from the Police Department, $800.00 will be taken from that
department, with the balance of $700.00 from the Contingency Fund, in
order to purchase this equipment.
C/M Disraelly indicated that the Police Department has 21 vehicles,
with a report having been submitted by the Public Works Department
that $304.00 has been spent within the first three months for that
department.
Mr. Hoyt responded that at the time the police cars require this work,
a purchase order is instituted to the outside vendor, who is handling
it, and is directly charged to the Police Department, and not to the
Public Works Department.
V/M Massaro stated that regardless of the vehicle, it should not come
from the Contingency Fund, but charged to the particular department
for auto service, and felt that adequate appropriations were allowed.
Mr. Hoyt felt that the phraseology should be the transfer from the
Police Department and the Building Department, with the balance from
the Public Works - Auto Repairs.
V/M Massaro requested that a memorandum be sent to Council indicating
the distribution by department, by percentage, as relates to usage.
C/M Disraelly MOVED that a budget adjustment be made to the Public
Works - Shop, Capital Machine and Equipment, #1-139-519-643, of
$1,500.00, for transfer to that account, and that the Finance Director
determine the percentage of automobiles in the various departments of
the City; also removing the'auto repair balance of each individual de-
partment, that proportion which will create this fund, by deleting it
from the funds of those departments, in the transfer. C/M Wiener
SECONDED.
Mr. Birken advised that under the budget ordinance, which Council enacted
July-1979, a provision required that a budget transfer figure be enumer-
ated in the motion, before and after the transfer in each account that
is affected, plus the specific account numbers and names.
C/M Disraelly inquired whether Mr. Hoyt could have this prepared for
the recessed meeting of 1/10/80, for additional clarification, to which
the Finance Director did agree. C/M Disraelly then WITHDREW HIS MOTION
and the SECOND CONCURRED.
C/M Disraelly MOVED to table the item to the recessed meeting of 1/10/80,
with a report from the Finance Director, before and after the transfer,
and C/M Wiener SECONDED.
VOTE: ALL VOTED AYE.
MAYOR FALCK WAS PRESENTLY IN ATTENDANCE, AND THE GAVEL WAS RETURNED
PUBLIC HEARING
43. Budget Amendment - Temp. Ord. #722 - Discussion and possible action
to amend the fiscal year 1979780 budget -- First Reading.
;YNOPSIS OF ACTION: Approved, as amended,
rn 1st Reading.
The City Attorney read Temp. Ord. #722, by title only.
Mr. Gross indicated that two workshops were held, and the final proposal
has been established, with presentation by Mr. Hoyt.
C/W Kelch inquired whether there was sufficient monies to handle the
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changes that have taken place in the personnel, to which Mr. Gross re-
plied that it was adequately covered, and would also involve a small
surplus at the end of the year.
V/M Massaro inquired as to whether the Slurry Seal monies have been
carried over, to which Mr. Gross concurred, indicating there was a
special provision within this past year's budget, in the General Fund.
The Vice -Mayor also asked about the reserve for the overpass, to which
the City Manager indicated that should it occur, then it�would come from
the capital reserve, with reimbursement during the year to this fund.
Mr. Hoyt advised that at the close of the audit period, there was an
actual surplus of $2,312,544.00; which was appropriated to the original
1979/80 budget, in the amount of $625,000.00. He added that this amend-
ment appropriated an additional amount of $1,085,460.00, leaving an un-
appropriated fund balance, after approval, of $602,084.00.
C/M Disraelly confirmed the fact that under the new ordinance, the City
was at 9% of the 10% allowed..
Mayor Falck opened the discussion to the public, and closed it because
there were no public comments received.
Mr. Hoyt replied to a question of Contingency, by C/M Disraelly, by
stating that the Contingency Account, at this time, was $150,000.00, and
was half of what would be provided in the new ordinance. He additionally
stated that they were meeting the requirements.
V/M Massaro inquired about the area of Public Works, and the figure of
$694,960.00 which was being proposed for the amended expenditures, and
anticipated that $600,000.00 was for drainage, and $94,960.00, was for
additional manpower needed for the work in the section, to which Mr.Gross
concurred.
Mr. Gross said that the workshop meetings determined the manpower use
for various areas, which list has been formulated by the Finance Director.
He further stated that each item will be established at the next meeting,
as requested by the City Attorney, with line item numbers.
Mr. Hoyt advised that due to the magnitude of this budget amendment,
it would be necessary to redo a budget book, which will be established
prior to the next meeting. He further stated that the take-over of the
properties in connection with Leadership Housing Development, involved
an original request by the department,' in excess of $145,000.00, which
included four people, various materials, weed killers, and so forth.
But, he said, this was reduced by the City Manager, to $88,900.00, which
is under the land section portion; the $600,000.00 is under the drainage,
with the other figures involving the exempt salary figures.
V/M Massaro inquired as to consideration of the purchase of the land
adjacent to the parking lot, to which Mr. Gross replied that it was not
budgeted, but would be considered before March of this year. He said
this money would come from the Capital Reserve, or could be taken from
the surplus available, and initiate another budget adjustment.
Mr.. Hoyt advised of a transition in the typing, as to the $80,000.00 being
in the Capital Reserve, and would require his research.. He suggested that
an increase in the budget amendment figures be handled at this time,
prior to the advertisement for second reading, in the amount of $45,000.00.
The Finance Director recommended the following corrections; the Proposed
Amended Expenditures, coming down to Contingency, the amount of $104,870,
should be reduced to $24,870; with an increase under the Capital Reserve,
in the amount of $80,000.00. He also said the Total Expenditure Column
should be $174,870, rather than $254,870; and under the Capital Reserve
it should $377,500. He stated that the corrected sheets will be sub-
mitted to Council.
Mr. Gross informed Council that $65,000.00 was paid for the additional
parking lot area, with $55,000.00 for the optional land, to which Mr.Hoyt
noted that there would be an increase in the capital reserve, converting
the $80,000 to $140,000. The Finance Director also indicated that the
additional appropriated fund balance would be $1,145,460.00. The new
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proposed expenditures would then total $1,216,860.00; with the proposed
amended revenues, including the appropriated fund balance, would total
$1,216,860.00; with a correction of both totals to indicate $6,903,340.00.
He also said the availability of unappropriated fund balance would be
reduced from $602,000 to $542,000, which was informational, and not a
part of the ordinance.
C/M Disraelly said this required a change in title and all the figures
throughout, and would require readvertisement, with another public
hearing, to be scheduled for the 1/23/80 meeting.
Mayor Falck recommended that the corrected title be read, to which
the City Attorney reread Temp. Ord. #722.
C/M Disraelly MOVED that Temp. Ord. #722, as amended, be approved on
first reading, and V/M Massaro SECONDED.
VOTE: ALL VOTED AYE.
GENERAL ADMINISTRATIVE/FINANCIAL
16. Bid Award - Fire_ Department Truck - Temp. Reso. #1486 - Discussion and
possible action toawarda bid for one pumper truck.
SYNOPSIS OF ACTION: Tabled to 1/10/80, for an
_nventory vehicle list.
The City Attorney read Temp. Reso. #1486.
Tom Thomson, the Finance Officer, advised that two bids were received;
one, from Broward Truck, on .a 1979 International, with one exception to
the original.specification, where a five -speed transmission was offered,
in place of a four -speed, for the amount of $14,572, with a ten day
delivery. The second bid, he said, was from Jack Nicklaus Pontiac, Inc.,
'ape with a price of $12,761, and delivery from 90 to 120 days, for a 1979
Side Chevrolet, with two exceptions offered, namely, a 350 V-8 engine, and
f5 a 63 Amp Alternator.
It was the recommendation of the Finance Officer that the bid of the
1979 Chevrolet by Jack Nicklaus, be accepted, especially after discussion
with the Public Works Department; also considering the availability of
parts with any Chevrolet dealer, and a savings of $1,766. The capacity
of either of the trucks would be identical, he said. Mr. Thomson indi-
cated that the Chevrolet has a four -speed transmission.
V/M Massaro inquired as to the previous purchase of a dump body truck
previously, to which Mr. Gross replied that it is being used, and the
City presently has the need for another truck. The City Manager said
that he did expect the price to be much higher,'than submitted. He
additionally advised that this truck was similar to one which was pur-
chased by North Lauderdale; and was inspected by Larry Keating, the City
Engineer. He further added that the delivery date was extended, due to
possible shut -downs, but felt that savings were involved, and suggested
the purchase of the Chevrolet Truck.
Mr. Gross indicated that the present dump truck was used for asphalt,
rock and brush, and felt that more work was being accomplished, which
now required an additional truck. He said that the original truck was
not adequate, and does have a "sag" in the frame, and was being over-
used for capacity.
C/M Disraelly said that he requested a list of all the City vehicles
last October, from the City Manager, as to date of purchase, type and
name of vehicle, and to whom it was assigned. But, he said, this report
was never submitted, after a repeated request in December, and again
asked for such a report.
Mr. Gross stated that this information could not be obtained prior to
the audit, but this was presently available, and could be submitted
on Thursday, January 10, 1980, at the recessed meeting.
V/M Massaro felt that the second truck would be used extensively, once
the engineering work has commenced. She MOVED to table this item to
the 1/10/80 recessed meeting, until the requested information by C/M
Disraelly has been submitted, and C/W Kelch SECONDED.
VOTE: ALL VOTED AYE.
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COMMUNITY DEVELOPMENT
12. Texaco Service Station - University Drive and McNab Road - Discussion
and possible action on request for waiver of platting requirements to
improve facility.
SYNOPSIS OF ACTION: Site Plan to be submitted
:o the City Attorney and Staff, for review
end presentation to Council.
V/M Massaro felt that cooperation should be given to the people at the
Texaco Station, but said that it was necessary for a site plan to be
submitted, which would be decked by staff. At that time, she said,
questions can be answered and determinations made, whether dedications
are necessary, due to the widening of McNab Road and University Drive.
She added that some work has been done on the station,without a permit,
and the anticipated work has to be imprinted in "black and white".
The Vice -Mayor further stated that the waiving could not be discussed
at this time, until the facts have been submitted to staff, for their
review and recommendation.
Bob Gulick, the Real Estate Agent for Texaco, Inc., said that he has
two copies of a site sketch, which will indicate the improvements of
the facility.
V/M Massaro reiterated that procedure should be followed, by submittal
of a site plan to staff, with fees being paid, and then submitted to
the City Council, for approval. She said proper applications are necessary
C/M Disraelly indicated that he has not had the opportunity to read
whatever material has been submitted to -date.
Mr. Gulick indicated that he was at the City Hall, and requested informa-
tion as to procedure, but was advised that a letter was necessary, and a
presentation to Council. But, he was willing to cooperate, and prepare
the necessary information being requested.
V/M Massaro suggested that Mr. Gulick see Mr. Birken, the City Attorney,
for the proper procedure to follow, to which Mr. Gulick concurred.
Mr. Gross said there were definite problems and violations.in existence,
and, if Council agreed, he would hold -off red -tagging, until everything
has been established.
The City Attorney requested that Mr. Gulick leave one or two copies of
the plan, and then make an appointment with his Secretary, in order to
meet and, discuss the problem.
45. All Service Refuse - Bond Release - Temp. Reso. #1487 - Discussion and
possible action.
SYNOPSIS OF. ACTION: Approved - RESOLUTION NO.R- rC)- PASSED.
(See page 1)
The City Attorney read Temp. Reso. #1487.
C/M Disraelly confirmed the fact that residential garbage was no longer
being collected under the contract, and MOVED for the adoption of Temp.
Reso. #1487, and V/M Massaro SECONDED.
VOTE: ALL VOTED AYE.
46. Traffic Lights - 49th and 50th Avenues & Commercial Boulevard - Dis-
cussion and possible action.
SYNOPSIS OF ACTION: City Manager, City Attorney,
ind City Engineer to determine necessary pro-
:edure for submission to the County,correcting
:he hazardous condition. (See page 3)
V/M Massaro advised of two problems in this location. She held a dis-
cussion with FP&L, as to a light being replaced, Whioh.involved construc-
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tion. The Vice -Mayor said that the County has indicated that a survey
has been taken, wherein a determination was made to omit a traffic
light for exiting from 49th Avenue, at the base of the overpass; also
no traffic light required at 50th Avenue, which was not aligned. She
further added that people getting out of Sections 6 and 7 would have
added difficulty entering and exiting from Commercial Boulevard.
V/M Massaro said it would be extremely hazardous to attempt to cross
the street on foot.
Mr. Gross said that statistical problems involved the number of vehicles
travelling through the intersection, in both directions, within a given
time -.frame. He added that during the day, the north and south traffic at
these intersections, would not compare to the minimum number, outside
of Commercial Boulevard, which exceeds. Mr. Gross said the problem was
to convince. the County that the traffic lights are necessary.
Mr. Gross noted that the City Attorney suggested the hiring of a Traffic
Engineer, for such presentation to the County, and requested authority
by Council to investigate this.
V/M Massaro MOVED that this item be turned over to the City Manager,
and appropriate steps be taken, along with the City Engineer and the
City Attorney, which should be returned to Council at their next regular
meeting, for necessary action. C/M Disraelly SECONDED.
VOTE: ALL VOTED AYE.
44. Amendment to Ordinance 0--79-47 - On -site Drainage - Discussion and pos-
sible action. Tem . Ord. #713.
SYNOPSIS OF ACTION: Approved on 1st Reading,
as amended, with fees to be set by resolution.
(See page 1)
The City Attorney read Temp. Ord. #713, and advised there was a blank
for a figure to be inserted, upon enactment of the ordinance.
V/M Massaro felt that first reading should be held, in order to permit
developers to commence with their projects, with no objection to this
ordinance. She indicated to the various developers, that her request
to Council would be the figure of $35,000 per acre, and anticipated
acceptance of this.
FIVE MINUTE RECESS WAS CALLED.
VOTE:
C/M Disraelly inquired whether the $35,000 per acre should be put in
by resolution, if there was a possibility of a change, at a future date,
to which the Vice --Mayor said that an ordinance could be prepared, which
would permit an amendment by resolution. C/M Disrae lly said the verbiage
could be stated "at a rate to be determined by resolution", and the
price could be inserted when the resolution has been drafted.
V/M Massaro said that after approval of the ordinance, a motion could
be made that the resolution be prepared, which would indicate the figure
of $35,000 per acre.
C/M Disraelly suggested an amendment to the ordinance, on line 30, to
read, "that under this ordinance, in cash, at a rate to be determined
by resolution".
a) V/M Massaro MOVED for the approval of Temp. Ord. #713, as amended,
on first reading, and C/M Disraelly SECONDED.
ALL VOTED AYE.
b) V/M Massaro MOVED to AGENDIZE BY CONSENT, discussion and possible
action on a resolution, establishing the price per acre for defi-
ciency of retention, as required under the amended ordinance to
Ordinance 79-47. C/W Kelch SECONDED.
VOTE: ALL VOTED AYE.
V/M Massaro said that she carefully reviewed the price per acre, in
instances where people do not have the ability to create retention
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mr/
areas, as required in the ordinance. She also said that they will
be seeking areas to excavate, in order to have retention areas.
The Vice -Mayor felt that the appropriate amount should be $35,000
per acre, and MOVED that Council approve this figure, and instruct
the City Attorney to prepare a resolution, for presentation to
Council, for second reading of the amended ordinance to Ordinance
79-47. C/W Kelch SECONDED.
C/M Disraelly asked if any sums generated from this ordinance would
be put into a separate fund in the Finance Department, to be used
only for correction or improvement of drainage throughout the City.
V/M Massaro said there are two different fees in this ordinance,
with two different setEf of figures; $130 per acre in one account,
and $35,000 per acre, in a separate account. She said the list has
been established. She concurred with C/M Disraelly that the monies
should be ear -marked for drainage, and not be used for any other
purpose.
Mr. Birken said that retention areas would be received, as part of
Stipulation #3, and land would be acquired.
Tape V/M Massaro said there will be a special account in the Finance
Side Department, which cannot be used for anything else, to which the
#6 City Attorney concurred.
VOTE: ALL VOTED AYE.
47. Williams, Hatfield & Stoner - Drainage Plans - Discussion and possible
action.
SYNOPSIS OF ACTION: Authorization given for
preparation of drainage study and priority
list of major flood areas and streets, coor-
dinating the information with the City Engineer,
in order to present recommendation to Council.
( See page 3 )
VOTE:
V/M Massaro said this related to the plan prepared by the Public Works
Department, and would like permission from Council, for the preparation
of specifications, and the pattern to be followed. She felt that
Williams, Hatfield &Stoner could be hired to evaluate the drainage study,
where minor sums of money are involved, and could be given out for bid.
The Vice -Mayor felt that a program should be established, in order to
determine the major problems of street flooding, with a priority list.
Mr. Gross said there are major arteries, such as Brookwood Boulevard,
Section 23 areas, 82nd Street off University Drive, 94th Avenue,
Spyglass, 70th Avenue, and many other areas, along with side streets.
V/M Massaro said that Mr. Gulisano was going to be asked to spend a
considerable amount of money, but it would be necessary for the City
to do their share first. She said that individual houses could not be
taken in any area, at this time, but through streets were of the utmost
concern.
C/M Disraelly MOVED to hire Williams, Hatfield & Stoner to do a drainage
study and suggested priority list of the major flooding areas, in the
major street sections, working together with the City Engineer, in order
to present a projected program to Council, for the correction of drainage
in the City. C/M Wiener SECONDED.
Mayor Falck indicated that street problems should be reported.
ALL VOTED AYE.
REPORTS
40. City Council
C/M Disraelly inquired as to a letter being sent to
family, thanking them, and informing them that the
known as the Joseph P. Caporella Memorial Park.
the Caporella
park will be
-21- 1/9/80
mr/
C/M Disraell discussed the Slurry Seal, to which Mr. Gross stated
that a report was on his desk, which he has not had the opportunity
to review.
C/W Kelch said that she spoke to Ralph Thissen about the Slurry Seal,
and was told that he had reservations, but tested the strip in every
manner, and was pleased with the results.
Mr. Gross advised that this seal does not fill pot holes, but could
fill a slight depression, that is one-half inch or less. He said
the test spot was in the area of the gas pumps.
C/W Kelch further stated there was the necessity for some defoliation
in the area east of 441, %hick was being handled with special equipment.
She also said that it was part of the contract, and did not involve an
additional operation.
42. City Attorney
Mr. Birken discussed Wedgewood, and said that Council, at their last
meeting, authorized up to 17 C.O.'s. He further added that a proposed
amendment to the developers agreement has been formulated, which was
distributed to Council, with'a need for additional C.O.'s. The City
Attorney said that he might request to have this item agendized at
the 1/10/80 meeting. He additionally stated that the City Engineer
prepared a list of corrective items, which was reviewed with Mr. Hahn;
and was listed in the developers agreement.
V/M Massaro felt that the City needed something to guarantee the com-
pletion of the work, but also realized there was no bond posted. She
indicated her interest in the amendment.
41. City Manager
Mr. Gross informed Council that he would be out-of-town on Friday,
Saturday and Sunday, 1/11, 12 and 13, but the Assistant City Manager
would be available.
Sonny Gentile, Chairman of the Recreation Committee, indicated that brochures
were distributed, which related to proposals of American Amusement Company.
to which Council stated they have not seen this as yet, but would review it
later in the day.
MEETING WAS RECESSED TO 7:00 F.M. THIS EVE
ATTEST:
CITY CLERK
This public document was promulgated at a cost of 0, or $ �.,�Q.
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.
-22- 1/9/80
mr/
CITY OF TAMARAC, FLORIDA
REGULAR CITY COUNCIL MEETING
January 9, 1980 - Evening
CALL TO ORDER;
Mayor Falck.called the meeting to order at 7:00 P.M., on
Wednesday, January 9, 1980, in the Council Chambers.
ROLL CALL: PRESENT: Mayor W. Falck
V7M H. Massaro
C/W M. Kelch
C/M H. Wiener
ABSENT & 'EXCUSED:
ALSO PRESENT:
C/M I. Disraelly
City Manager, E.A.Gross
Recreation Director, S.Ellis
For City Clerk, T.Zipper
Mayor Falck thanked those in attendance at this meeting and stated they
would be discussing proposed recreation fees. He then outlined the
procedure they would be following.,.
ITEM #18. Tamarac Park '- Fees - Temp. Reso. #1447 - Discussion and
possible action to adopt fees for use of park facilities.
Synopsis of Action: TABLED in order to get more facts
and to study tonight's discussion.
The City Manager read Temp. Reso. #1447 in full,
Sharon Ellis said that she is recommending that they do not consider
reservations for any use other than for leagues, such as the
basketball league. However, since there would be only two tennis
courts within the City, she could not see tying it up on a reserved
basis as there would be many people who would want to use it. Her
suggestion would be that it be a first -come, first -served basis,
with no fee. Ms. Ellis said she would like to see how much money
would be coming in from the coin operated machines so they could
evaluate and see whether or not it would be necessary to assess
the leagues., She would suggest some time frame such as 60/90 days.
Mr. Gross said in order to have a reserved use for the tennis courts
they would have to have full time employees sitting at the court and
he did not believe that the money coming in would pay for such an
employee.
Ms. Ellis said that most recreation departments -operate in that manner.
She felt they could set a time limit on the tennis courts of 1/2 to
one hour. Ms. Ellis said many people may want to use these courts
and if they get into a reservations situation, it is feasible that
a teenager or child would not have the money to pay the fee.
C/W Kelch.questioned Ms. Ellis regarding the coin operated machines,
saying that this was not mentioned in recommendations received by
Council. She asked for a further explanation. Ms. Ellis said that
they would like to see how much revenue comes in from coin operated
machines and would it cover the cost of electricity, etc. Would it
cover expenses, rather than charging the leagues a seasonal or
monthly fee? She added
that these coin operated machines would not be on the ball field
per se, but rather on the racquet ball court, the tennis courts and
the basketball courts.
C/W Kelch asked if Ms. Ellis means that the people who use those
courts where there are the coin operated machines would be paying
for the entire lights, including the use by leagues? Ms. Ellis
said if the fee that comes in from these machines covers the
-1-
1/9/80
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Park and Fort Lauderdale charge fees fot registration, but then
the. City schedules the games, provides the umpires, etc. Those
cities collect the money but for a purpose, and the league gets some-
thing back.. Mr. Green said he believes they are providing a community
service by teaching children team sport and responsibility which will
help them become better adults.
Mayor Falck said the Council appreciates difficulty in raising money.
Although.there was a tax reduction last year, some people still called
to say taxes were too High..
Mr. Green said he could appreciate that. However, recreation is only
one service provided by a community and he could not see why it should
have to pay for itself. He felt they should look at priorities in
the tax structure. Mayor FAlck said one of the problems that exist
is that almost every section'in the city has its 'own clubhouse that
they supportand they complain that they do not wish to support one
that is developed and sponsored by the City. Mr. Green said there
are many services that are supported by his taxes that he does not
use and felt that other services do not break even. If people do
not use the park that does not mean that they should not have to
pay for it.
Mrs. Zimmerman was recognised and asked if all people use the park
or just those in the leagues? if people want to use the facility
would they have to pay a fee for use of the fields?
Mr. Gross said that as it is shown on the Resolution, only organized
leagues which. are reserving fields per se, would be charged the $150.
Mrs, Zimmerman said that she could not see the equity in that; if or-
ganized leagues have to pay -and not others who 'would be using the
field such as adults in condominiums who might come in to practice
or an adult coming in with his son to practice catching. Mrs.
Zimmerman said she could not see the equity in this. People had
already paid "x" amount of money for building this City Park
V/M Massaro said that no tax money had been used for this park as
all the money was appropriated by the developers. Mrs. Zimmerman
said Council should think of how vital this park is and what it
has to offer to people for constructive programs. She felt that
no one should be charged for using it.
Mr. Larry Berman was recognized and asked where the racquet ball
field is located. Mr. Gross said it would be at the ball field
and is in the planning stage right now. Mr. Berman said he had
contacted other cities who do not charge and he does not approve
of ahy fees for this park. He said that although this is a senior
citizen area there are many looking to play tennis or a chance to
go to a dance, etc. Mr. Berman asked where other cities get their
funds? He said Plantation which does not charge, has about tKe
same number in population.
Mayor Falck said that many cities pay a utility fund tax which goes
into their General Fund. He said when such a tax had been proposed
for Tamarac, no one wanted it. V/M Massaro added that many cities
have a higher ad valorem tax.
Mr. Berman said many cities seem to get grant funds from the Federal
government and asked how that was done. Mr. Gross said in many of
these other cities, there are unfortunately, depressed areas and the
Federal government gives more dollars to them than they do to a City
like Coral Springs or Tamarac. Mr. Gross added that they hope
to get input from the public tonight, so that Council may study it.
Mr. Berman said that he hoped that Tamarac would, in the future, have
a Recreation Department that they could be proud of.
Barry Barton, President of the Mens' Softball League, was recognized.
He said he understands . that about 770 a household goes towards
recreation fund. He asked if perhaps $1.77 should be charged. Mr.
Barton said that according to cities they had contacted in Broward
County, if fees are paid thew_is something given in return, such
as umpires, balls, equipment, etc. From what he could see they are
losing money. He said none of these cities charge for the maintenance
of the park. or the lights. Mr. Barton said he felt they are providing
a service to the City by keeping the children organized, giving them
a place to play and so keeping them out of trouble.
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V/M Massaro said Council is struggling to get what they want and
need, but they must look at the entire picture.
V/M Massaro MOVED that this item be TABLED until more facts have
been obtained, so that more deliberation can be had.
C/W Kelch SECONDED the motion.
Mrs. Mascolo asked that if this item is discussed again, that it
be in the evening so that they can attend. Mayor Falck agreed,
adding that Council feels input is valuable.
Mr. Schapson asked if, at the time Council evaluates this, they
would ask for representation from tonight's group.
VOTE: ALL VOTED AYE.
MEETING ADJOURNED AT 8:10 P.M.
ATTEST:
MARI1gfN & RTHOLF
City Clerk
r
MAYORCK
This public document was promulgated at a cost of $ or
per copy, to inform the general public and public of-
icers and employees about recent opinons and considerations by
the City Council of the City of Tamarac.
--5- 1/9/80
tz