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HomeMy WebLinkAbout1981-01-14 - City Commission Regular Meeting Minutest 7,p ---� R1' P. 0. BOX 25010 TAMARAC, FLORIDA 33320 FIRST CLASS MAIL CITY OF TAMARAC, FLORIDA CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY. JANUARY 14, 1981 CALL TO ORDER: 9:30 A.M. ANNOUNCEMENT OF TIME ALLOCATIONS - MOTIONS TO TABLE - The Chair at this time will announce those items which have been given a specific time to be heard, and will entertain motions from Council members to table those items which require additional research. Council may agendize by majority consent, matters of an urgent nature which have come to Council's attention after publication. PRESENTATIONS 1. B'nai Brith Youth Week - Presentation of a Proclamation by Mayor Falck declaring the week of January 12, 1981, as B'nai Brith Youth Week in Tamarac. 2. Consumer Affairs Committee - Presentation by Playor Falck of a photograph of Esther Peterson, Director of the United States Department of Consumer Affairs, in recognition of the many accomplishments of the Committee. 3a. Holiday Festival Volunteers - Presentation by Mayor Falck of a Certificate of Merit to Mr. and Mrs. Dan Russo who unself- ishly volunteered many hours to make the Festival a success. 3b. City of Hope - Tamarac Chapter - Presentation of a Proclama- tion by Mayor Falck declaring the week of January 19, 1981 as "Tag Week" for the City of Hope -Tamarac Chapter. APPOINTMENTS 4. Beautification Committee - Aintment - Temp_. Reso. #1812 - Discussion and possible action to appoint one regular and one alternate member. 5. Consent Agenda - Items listed under Item 45, Consent Ageiada, 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_ wily ire can sidurvu" st:parateky. a) Minutes of 11/12/80 - Regular Meeting - Approval recom- mended by the City Clerk. b) Minutes of 11/13/80 -- Special Meeting - Approval recom- mended by the City Clerk. c) Minutes of 11/14/80 -- Reconvened Regular Meeting - Ap- proval recommended by the City Clerk. 1/1.4-Pg.I Procla.read an( pres.to P.Krav 1/14-Pg.I- Pres.to Bob Schurr , Nat Coh M.Avidon,C. W. I/14-Pg.2- Presentation made by-. Mayor Fa ck. 1/14-Pg.2/Proc read & accept. by I.Feldman. 1/14-Pg.2- Adpt.as amend. R-81-1. 'gs.3/4- L)thru f )h)- appvd.as corr. ;) & i)-Tbld. I) thru I)-Tabl( ►) thru p)-to be approved. 1)Removed for separate cons. and then tbld. to next reg.mt; d) Minutes of 11/25/80 - Special Meeting - Approval Recom- mended by the City Clerk. e) Minutes of 11/26/80 -- Regular Meeting - Approval Recom- mended by the City Clerk. f) Minutes of 12/2/80 - Reconvened Regular Meeting - Approval Recommended by the City Clerk. g) Minutes of 12/10/80 - Regular Meeting - Approval Recom- mended by the City Clerk. h) Minutes of 12/16/80 - Special Meeting - Approval Recom- mended by the City Clerk. i) Minutes of 12/24/80 - Regular Meeting - Approval Recom- mended by the City Clerk. j) Alan F. Ruf - Consulting Attorney - 1/8/81 - $1,720.00 - Approval Recommended by the City Attorney. k) Milledge & Hermelee - Consulting Attorney - 12/30/80 - $6,689.14 -- Approval Recommended by the City Attorney. 1) Kruse, O'Connor & Ling, Inc. - Pension Actuaries 12/29/80 - $540.00 - Approval Recommended by the Finance Director. m) Williams, Hatfield & Stoner - Consulting Engineer - 12/22/80 - $732.25 - Account #350-500-531 - Approval recommended by City Engineer. n) Darby & Way - Surveyors & Engineers - Caporella Park - 12/22/80 - $1,500.00 -- Approval recommended by City Planner. o) Mitchell Ceasar - Grants Consultant -- 1/8/81 -- $1,276.41 Approval recommended by City Manager. p) Boyle Construction Co. - Tamarac Utilities West - Plant Modifications - 12/15/80 - $12,559.07 - Approval recom- mended by City Engineer. GENERAL ADMINISTRATIVE/FINANCIAL 6. Bid Award - Tamarac Utilities - West - Temp. Reso. #1817 - Discussion and possible action to award a bid for chlorine for use in water treatment. 7. Bid Award - Tamarac Utilities - West - Temp. Reso. #1818 - Discussion and possible action to award a bid for bulk pebble quicklime for use at the Utility Plant. 8. Bid Award - Tamarac Utilities - West -- Temp. Reso. #1819 - Discussion and possible action to award a bid for sludge removal from Plants #1 and #4. 9. Bid Award - Tamarac Utilities - West - Temp. Reso. #1820 -- Discussion and possible action to award a bid for two (2) three -wheel vehicles for meter readers. 10. Bid Award - Police De artment - Temp. Reso. #1823 - Dis- cussion and possible action to award a bid for seven (7) Police vehicles. 11. Bid Authorization - Tamarac Utilities - West -- Discussion and possible action to authorize the Acting City Manager to go out for bid for vehicles for the Utility. 12. Public Works_ Depar tment - Budget Transfer - Discussion and possible action to authorize an intra-departmental transfer to purchase a replacement safe. PAGE TWO. 1/14-Pg.4-Appvc as amended, foi cont, and rejec the bid. 1/14-ygs.q/17/ 18 Bids rejected. 1/14-Pgs.4/5 Appvd.R-81-3. 1/ 14-Pg. 5- Appvd.as arr end , for a cont.,anr reject.the bid. 12/24-Pgs.5/6 Appvd.as amend. for a cont.,anc reject.the bid. 12/24-Pg.6 Tabld.to 1/28/ 81. 1^/f,-rgs.6/7 Approved. PAGE THREE. 13. Finance Department - Personnel - Discussion and possible 1/14'-P€.7 action on a request to hire one (1) temporary, part-time Approved. clerk -typist for work on the PSC refund. 14. Finance Department - Utility Billing -- Discussion and possible 1/14.-Pgs7,8,9 action on request to extend the use of a rental computer to Tbld-to 1/28. perform regular utility billing. Fin.Dr. to furn.up/date. 15. Senior Service Agency Host Agreement - Tem Reso. #1821 -- 12/24-Pg.9 Discussion and possible action to approve this Agreement for Adptd.R-81-6. clerical assistance. 16. Employee Retirement Plan - Temp. Ord. #847 - Discussion and possible action to amend Section IV of this plan relating to the retirement age for police officers and firefighters. First Reading. 17. Broward County Special Census - Temp. Reso. #1822 - Discussion and possible action to urge the Broward County Commission to have a special census performed for Broward County. PUBLIC HEARINGS - 2:00 P.M. 18. J & L Hockman - Special Exception - Petition #50--Z-80 - Re- quest for a convalescent home in a B-6 zoning district on Lots 1 & 2, Block 4, Lyons Industrial Park - on the east side of 94th Avenue, extending south from 58th Street 250 feet. Discussion and possible action - Temp. Reso. #1814. 19. George Elia - Special_ Exception - Petition #51-Z-80 - Request for a restaurant in a B-1 zoning district, east of Century Bank at 79th Avenue and Commercial Boulevard. Discussion and possible action - Temp. Reso. #1815. 20. Two Libras, Inc. - Special Exception - Petition #52-Z-80 - Request for a dry cleaning establishment in a B-1 zoning dis- trict at Tamarac Shopping Plaza, 6674-76 N.W. 57th Street. Discussion and possible action - Temp. Reso. #1816. COMMUNITY DEVELOPMENT 21. Wedgewood - Bond Release - Temp_. Reso. #1808 - Discussion and possible action to release a cash bond posted pursuant to the Developer's Agreement for corrective work. 22. Woodmont Plaza - Discussion and possible action on: a) Site Plan b) Plat - Temp. Reso. #1787 c) Landscape Plan d) Water and Sewer Developers Agreement (located on the north side of McNab Road, east from 80th Avenue) 23. H.L.R., Inc. -- Rezoning Petition #47-Z-80 - Discussion and possible action to extend this petition request for a period of 60 days. 24. H.L.R., Inc. - Rezoning Petition #48-Z-80 - Discussion and passible action to extend this petition request for a period of 60 days. 25. Westchester - Bond Release - Tem . Reso. #1809 - Discussion and possible action to release a cash warranty bond for side- walk construction in this subdivision. 26. Springlake II - Discussion and possible action concerning model sales facility for this subdivision. 1/14 _pg Apprd.on reading. 7 firs-i L/1_4 _-Pgs.9,10 Wptd.R-81-7. / 14 -Pgs . 14,1 denied. 1./14.-Pg.16 kppvd. with :onds . R-81--8 . 1 / 14. -P's • 16 ,1' ,pprvd.R-81-9. L/14 -Pg.10 510,000 cash )ond and curet; )ond rel . R-81-ji 1/14-Pgs.10, 11,12 )Appvd.with conds. )Approved. )Approved wit Conds. )Pg.27,Tbld. _t4_1�2UBI,_ 1/14,-Pg.18 xt.not to xceed 60 days . 1/14 -Pg. 18 xt.not to -xceed 60 days 1/14 -Pgs .19, fabled. 1/14-Pgs.20, 21,22 Appvd.with Conds. L� I 27. Sprin lake Ii - Discussion and possible action concerning engineering costs established for this subdivision. 28. Timber Point (Woodmont Tract 72-B) - Revised Site Plan - Dis- cussion and possible action concerning two (2) entrance signs for this subdivision 29. Sands Point - Building K - Bond Release - Temp. Reso. #1325 - Discussion and ~possible action to release a cash landscape bond posted to guarantee corrections needed at this location. PAGE FOUR. 1/14:.-Pgs.22, New Engrg.23 costs appvd. -j--fj4-Pg.23 Approved. I-IJ4.-Pg. 12/1: ITabld.to 1.1/8; b-end.reports. I 30. Tamarac Utilities - East - Grant of Easement - Temp. Reso. 1/l4 -Pg.13 #1811 - Discussion and possible action to authorize City Tabld.for officials to execute a Grant of Easement to the City of Fort research by Lauderdale to operate a regional wastewater force main and City Attny. pumping station on a portion of this property. 31. McNab Road Construction - Discussion and possible action con-- cerning the construction at 70th Avenue and McNab Road. J 1 _-PwrlteL lttr.to rite re: prop.cge. 32. Business Uses - Amendment - Temp. Ord. #828 - Discussion and T/t y_ possible action to amend Code Section 28 relating to uses Apprvd.on lst permitted in business areas. First Reading. reading. REPORTS 33. City Council 34. City Manager 35. City Attorney City Council may consider such other business as may come before it. Pursuant to Chapter 80-105 of Florida Law, Senate Bill No. 368: If a person decides to appeal any decision made by the City Council with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purposO�he may need to ensure that a verbatim record of the proceedings i.s made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF TAMARAC MARILYN BERTHOLF CITY CLERK PUBLIC HEARINGS/SPECIAL MEETINGS/WORKSHOPS January 12, 1981 - 2:30 P.M. - Special Meeting - School Boundaries for Tamarac Children January 21, 1981 - 1:30 P.M. - Workshop Meeting - Computer AGE[MIZED BY CONSENT 36. Probationary Period for Certain Department Heads - Discussion and possible 1/14-Pgs.1,23,2., action. 25-Action resc. by Council. 37. Authorization for Trip to Tallahassee for V M Massaro and C M ]-/14-Pg.26 Disraelly to_Attend_the Pre -Legislative Conference. Auth.given. CITY OF TAMARAC, FLORIDA REGULAR CITY COUNCIL MEETING JANUARY 14, 1981 CALL TO ORDER: Mayor Falck called the meeting to order on Wednesday, January 14, 1981 at 9:30 A.M. ROLL CALL: PRESENT: Mayor Walter W. Falck Vice -Mayor Helen Massaro Councilman Irving M. Disraelly Councilwoman Marjorie Ketch ABSENT & EXCUSED: Councilman Irving Zemel ALSO PRESENT: (PRESENT -3:30 P.M) Acting City Manager, Laura Z. Stuurmans Consulting City Attorney, Alan F. Ruf City Attorney, Arthur M. Birken Assistant City Clerk, Carol Evans Clerk/Steno., Mimi Reiter MEDITATION & PLEDGE OF ALLEGIANCE: Mayor Falck called for a Moment of Silent Meditation followed by the Pledge of Allegiance. Mayor Falck reviewed the time schedules on this day's Agenda. 36. Probationary Period for Certain Department Heads - Discussion and possible action. SYNOPSIS OF ACTION: AGENDIZED BY CONSENT (See pages 23,24 & 25) V/M Massaro MOVED to AGENDIZE BY CONSENT the item of the Probationary Period for Certain Department Heads, and C/W Ketch SECONDED. VOTE: ALL VOTED AYE. Mayor Falck advised Council that due to the handling of litigation by the City Attorney, Arthur Birken, the Consulting Attorney, Alan F. Ruf, will be in attendance. PRESENTATIONS 1. B'Nai Brith Youth Week - Presentation of a Proclamation by Mayor Falck declaring the week of January 12, 1981, as B'Nai Brith Youth Week in Tamarac. SYNOPSIS OF ACTION: Proclamation read and presented by the Mayor to Phil Kravitz 2. Consumer Affairs Committee - Presentation by Mayor Falck of a photograph of Esther Peterson, Director of the United States Depart- ment of Consumer Affairs, in recognition of the many accomplishments of the Committee. SYNOPSIS OF ACTION: Mayor Falck made the presentation to Bob Shurr, Nat Cohen, Moni Avidon and Charles Fox The Mayor indicated that the Consumer Affairs Committee originated in 1976, and felt that the group not only deserved the photograph of Mrs. Peterson, but the heartfelt thanks of all the residents of Tamarac for their excellent work. Mr. Shurr expressed the appreciation of the Board with the presenta- tion of the autographed photograph of Esther Peterson, and her mes- sage of thanks for the accomplishments of this Committee. C/W Kelch noted that she has been the liaison member from City Council, and felt the group was the personification of grass -root citizen participation, and an inspiration to her. V/M Massaro said that no other Board could "hold a candle" to the Consumer Affairs Board. 1/14/81 mr/ 3a) Holiday Festival Volunteers - Presentation by Mayor Falck of a Certif- icate of Merit to Mr. and Mrs. Dan Russo who unselfishly volunteered many hours to make the Festival a success. SYNOPSIS OF ACTION: Presentation made by Mayor Falck. Mrs. Russo expressed her appreciation for the Certificate of Merit. Mr. Kravitz indicated that he had the pleasure and opportunity of working with the Vice -Mayor, who chaired this particular festivity; also having had the honor of working with Mr. and Mrs. Russo, because he was the Vice -Chairman and Master -of -Ceremonies. He further stated that candy, toys and a special program was instituted for that evening, which was due to the help of Mr. and Mrs. Dan Russo. V/M Massaro said that the Committee performed beautifully, and congratu- lated the Russos on the number of people they contacted and solicited, in raising donations of over $1,000. She also noted that they used their own automobile, and only received one tank of gasoline, for their expenses, which they did not request. Mayor Falck thanked the Vice Mayor and the Committee for their efforts in accomplishing such a wonderful program, which he felt would be re- membered for a long time. 3b) City of Hope - Tamarac Chapter - Presentation of a Proclamation by Mayor Falck declaring the week of January 19, 1981 as "Tag Week" for the City of Hope - Tamarac Chapter. SYNOPSIS OF ACTION: Proclamation was read and accepted by Isaac Feldman. Mayor Falck reviewed the fact that the City of Hope Pilot Medical and Research Center was dedicated to the service of humanity through pi- oneering programs. He noted that its functions involve research and education in cancer and leukemia, diseases of the heart, blood, chest and heredity, and basic studies in genetics. The Mayor also added that the City of Hope Hospital is celebrating its 67th year of existence, with no charge to anyone for surgery or hospital stay, since its in- ception. Mayor Falck indicated that many auxiliaries throughout the United States raise funds for this project. The Tamarac Chapter, he said, which is, seven years old, now boasts a membership of over 500 people, with 17 other chapters throughout South Florida, that are working for the same cause. The Mayor stated that the leadership for the City of Hope, in Tamarac, is Mrs. Ruth Auerbach, the President, and Mrs. Grace DeFlora, who is the Chairman of the Fund Raising Committee. They were both unable to be in attendance, he said, but would personally contact them. Mayor Falck read the Proclamation, which was accepted by Isaac Feldman. The Mayor acknowledged the presence of Laura Stuurmans, the Acting City Manager, in her first official duty. APPOINTMENTS 4. Beautification Committee - Appointment - Temp. Reso. #1872 - Discussion and possible action to appoint one regular and one alternate member. SYNOPSIS OF ACTION: Adopted, as amended RESOLUTION NO.R- gZ.,/ PASSED. C/M Disraelly indicated that discussion was held at the Pre -Agenda meeting on this item, and requested that the word "one" should be deleted for alternate member, and it be pluralized. Fie further stated that applications were submitted by Paul Linz, a former member of the Planning Commission; Jack Brill, a former Chairman on the Beautification Committee; and William Sutter, who has accomplished a tremendous amount of work with the Committee, in the revision of Sign Ordinance 80-34, and was in attendance at various workshops relating to reclarificaton of the ordinance. C/M Disraelly said that because of Mr. Sutter's involvement with the Committee, and a member of the business community would be valuable to this group, he nominated William Sutter, as a regular member. Also, -2- 1/14/81 mr/ he nominated Jack Brill and Paul Linz, to serve as alternate members. C/W Kelch inquired whether the present alternate, Dick Rubin, was willing to continue in that capacity, to which Mr. Baade responded that it was Mr. Rubin's desire to remain as an alternate, because of other business commitments. He additionally inquired of the other alternate, Mr. Polster, who was willing to continue in the same capacity, because of summer vacation plans that takes him away for more than three months. V/M Massaro inquired as to whether the three gentlemen were approached, and would be willing to serve as members, to which C/M Disraelly responded that Jack Brill indicated that he would not serve as an alternate, but was not aware of the desires of Paul Linz. C/M Disraelly MOVED that William Sutter be appointed as a regular member to fill the unexpired term of Anthony Smaligo, to April 9, 1981. Also, after input from Mr. Baade, as to an incorrect date, then it was noted that the MOTION be AMENDED for Mr. Sutter's terminus to expire as relates to other members of the Committee. V/M Massaro SECONDED the motion. (It was noted that the resolution was not read) Mr. Ruf read Temp. Reso. #1812,in entirety, indicating that Sect. 2 was to be deleted, relating to alternate members. C/M Disraelly MOVED to adopt Temp. Reso. #1812, as read by the Con- sulting Attorney, and V/M Massaro SECONDED. VOTE: ALL VOTED AYE. 5. Consent Agenda a) Minutes of 11/12/80 - Regular Meeting - Approval Recommended by the City Clerk. b) Minutes of 11/13/80 - Special Meeting - Approval Recommended by the City Clerk. c) Minutes of 11/14/80 - Reconvened Regular Meeting -- Approval Recom- mended by the City Clerk. d) Minutes of 11/25/80 - Special Meeting - Approval Recommended by the City Clerk. e) Minutes of 11/26/80 - Regular Meeting - Approval Recommended by the City Clerk. f) Minutes of 12/2/80 - Reconvened Regular Meeting - Approval Recom- mended by the City Clerk. g) Minutes of 12/10/80 - Regular Meeting - Approval Recommended by the City Clerk. h) Minutes of 12/16/80 - Special Meeting - Approval Recommended by the City Clerk. i) Minutes of 12/24/80 - Regular Meeting - Approval Recommended by the City Clerk. j) Alan F. Ruf - Consulting Attorney - 1/8/81 - $1,720.00 - Approval Recommended by the City Attorney. k) Milledge & Hermelee - Consulting Attorney - 12/30/80 - $6,689.14 - Approval Recommended by the City Attorney. 1) Kruse, O'Connor & Ling, Inc. - Pension Actuaries - 12/29/80 $540.00 -- Approval Recommended by the Finance Director. m) Williams, Hatfield & Stoner - Consulting Engineer - 12/22/80 - $732.25 -- Account #350-500-531 -- Approval Recommended by City Engineer. n) Darby & Way -- Surveyors & Engineers - Caporella Park - 12/22/80 - $1,500.00 - Approval Recommended by City Planner. o) Mitchell Ceasar - Grants Consultant - 1/8/81 - $1,276.41 - Approval Recommended by City Manager. p) Boyle Construction Co. - Tamarac Utilities West - Plant Modifica- tions - 12/15/80 - $12,559.07 - Approval Recommended by City Engineer. SYNOPSIS OF ACTION: a) thru f), and h) Approved as corrected, with g) and i) to be Tabled; also j) thru 1), and n) thru p) to be Approved, and m) Removed for separate consideration, and then Tabled to the next regular meeting. C/M Disraelly MOVED that a) through f), and h) be approved, as cor- rected, with g) and i), to be TABLED; also, j) through 1), and n) through p) should be approved, and m) to be Removed for separate =10 1/14/81 mr/ I consideration. C/W Kelch SECONDED the motion. VOTE: ALL VOTED AYE m) Williams, Hatfield & Stoner - Consulting Engineer - 12/22/80 - $732.25 - Account #350-500-531 -- Approval Recommended by City Engineer. V/M Massaro was reluctant to approve this bill, and felt that a more detailed invoice should be submitted, and she MOVED that subtitle m) be TABLED to the next regular meeting, with a request that Williams, Hatfield & Stoner submit a bill to determine the detailed charges. C/W Kelch SECONDED.. GENERAL ADMINISTRATIVE/FINANCIAL 6. Bid Award - Tamarac Utilities - West -- Temp. Reso. #1817 - Discussion and possible action to award a bid for chlorine for use in water treatment. SYNOPSIS OF ACTION: Approved, as amended, RESOLUTION NO.R- V__0 ,. PASSED. for a Contract, and rejecting the Bid. TAPE Mr. Ruf indicated that his discussion with the City Attorney was to SIDE reject the bids, because it was not awarded based on the lowest bidder, #2 and the resolution should be changed to award the contract because the material is required and necessary. C/M Disraelly confirmed the fact that the resolution be reworded, but the quotation be accepted. Mrs. Stuurmans noted that an order is made every two weeks for the chlorine, with a guarantee of the bid price to contract, award and sign it,for delivery of the goods; and the bid bond is returned. C/M Disraelly said that the money is held for a matter of weeks, be- tween the bid and the award. V/M Massaro then stated that someone has to either put up cash or a bond, and felt that the best bid was not being obtained due to the requirements. C/M Disraelly advised that the chlorine is in containers, which is not stored, but used, and the company is aware of constant delivery for this material. He also noted that $165,000 is budgeted annually for this particular product, and is paid for in $5,000 and $10,000 mul- tiples, which is divided over the 12 month period. Mayor Falck felt that the suggestion made by Mr. Ruf should be con- sidered, which was to reject the bids, but award the contract, with procedural problems being clarified by the Purchasing Agent. Mr. Ruf read Temp. Reso. #1817, with the title being corrected to state "contract", rather than bid. C/M Disraelly MOVED that the contract be awarded to Allied Universal Corp., at a price of $222.95 per ton, which would indicate that 185 tons would be delivered to the City; also, that the bids would be rejected from both companies. C/W Kelch SECONDED. Mrs. Stuurmans clarified that on line 11, the word bidder should be changed to "supplier", and within Section 1 the word bid should be changed to read "proposal" of Allied Universal. VOTE: ALL VOTED AYE. 7. Bid Award - Tamarac Utilities - West -- Temp. Reso. #1818 - Discussion and possible action to award a bid for bulk pebble quicklime for use at the Utility Plant. SYNOPSIS OF ACTION: To be considered later in the day. (See page 17) 8. Bid Award - Tamarac Utilities - West - Temp. Reso. #1819 - Discussion and possible action to award a bid for sludge removal from Plants #1 and #4. -4- 1/14/81 mr/ I SYNOPSIS OF ACTION: Approved RESOLUTION NO.R PASSED. Mrs. Stuurmans advised that there was a sole bidder, who did present a bid bond, and involved the cleaning of sludge. Mr. Ruf read Temp. Reso. #1819, and C/M Disraelly MOVED for its acceptance for the cleaning of Plants #1 and #4, by Frenz Enter- prises, Inc., in the amount of $10,638.88, maximum, for Plant #4, and $5,900, maximum for the cleaning of Plant #1. V/M Massaro SECONDED. VOTE: ALL VOTED AYE. 9. Bid Award - Tamarac Utilities - West - Temp. Reso. #1820 - Discussion and possible action to award a bid for two (2) three -wheel vehicles for meter readers. SYNOPSIS OF ACTION: Approved, as amended, RESOLUTION NO.R=_ ;% PASSED. for a Contract, and rejecting the bid. Mr. Ruf said that the City Attorney indicated that no bid bond accom- panied the bid, and felt that the bid should be rejected, but the contracted could be awarded, and the resolution revised. Mrs. Stuurmans advised that only one vendor submitted a bid. C/M Disraelly MOVED for the adoption tion awarding a contract for two (2) to Cushman -Jeep of Ft. Lauderdale, in with delivery to be made within 20 to jected. C/W Kelch SECONDED. Mr. Ruf read Temp. Reso. #1820. VOTE: ALL VOTED AYE. of Temp. Reso. #1820, a resolu- new three -wheel utility vehicles, the amount of $7,498, less 20, 50 days, and the bid to be re- 10. Bid Award - Police Department - Temp. Reso. #1823 -- Discussion and possible action to award a bid for seven (7)Police vehicles. SYNOPSIS OF ACTION: Approved, as amended, RESOLUTION NO.R-_V -S PASSED. for a Contract, and rejecting the bid. Mr. Ruf read Temp. Reso. #1823. Mrs. Stuurmans responded to a question of C/M Disraelly, by stating there will be no trade --in value on older vehicles, but there would be scrap disposal, and cannibalized, with bids to be solicited for scrap metal. C/M Disraelly also inquired whether cars would be transferred within the department, by using the new cars for patrol vehicles, to which the Acting City Manager concurred, advising that the other vehicles with heavier mileage,are put into other divisions. V/M Massaro requested that the City Manager advise Council, once a determination has been made, as to who will be getting the vehicles; plus, which detectives are getting the useable automobiles; also, to be informed of the cannibalized cars, and the resale salvage, by auction. She inquired whether cannibalizing the vehicles was as productive a method, as auctioneering. Mrs. Stuurmans advised Mr. Ruf that three bids were submitted, with none of them being accompanied by a bid bond, to which he recommended that it be handled in the same manner as the other two contracts. The Acting City Manager recommended that the award be made to the Hollywood -Chrysler -Plymouth, which was the lowest bidder, but a surety will be requested as to delivery. C/M Disraelly MOVED that Temp. Reso. #1823 bid award, be denied, and a contract be awarded for seven (7) new police vehicles to the Hollywood -Chrysler -Plymouth, at a unit price of $7,784.17, for a total of $54,489.19. He further advised that the Federal Revenue Sharing budget has $56,000 to pay for these vehicles. V/M Massaro inquired whether the Federal Revenue Sharing monies have been received, to which the Mayor responded that a notice was received -5 1/14/81 mr this week, with the first installment to be one-fourth of the total figure, and will be received prior to payment. She requested that the record indicate that the Consulting Attorney advised that this method of contracting is legally correct, per the City Attorney's recommendation. She then SECONDED the motion. VOTE: ALL VOTED AYE. 11. Bid Authorization - Tamarac Utilities -- West - Discussion and possible action to authorize the Acting City Manager to go out for bid for vehicles for the Utility. SYNOPSIS OF ACTION: Tabled to 1/28/81 for necessary information by the Acting City Manager. Mrs. Stuurmans referred to her memorandum, by stating that within the official statement of the Five -Year Capital Improvement Plan, and within the adoption of the budget for this current fiscal year for the Utility operation; both within the Renewal and Replacement fund portion of the budget, and General Reserve Fund portion, there was a provision for vehicles. She further added that from Renewal and Replacement, $50,000 was budgeted, to renovate the existing fleet. Additionally, she stated, that in General Reserve, there was a pro- vision for the acquisition of three new vehicles to be added to the fleet inventory. Mrs. Stuurmans said this involved one -ton pick-up trucks, with flat beds and cabinets, and the other was a van -type vehicle, for field operation. She said that seven are to be replaced from the Renewal and Replacement Fund, which consists of a variety of pick-up trucks of different sizes; namely, several half -ton pick-up trucks, and three economy pick-up trucks. V/M Massaro felt that a memorandum should be submitted prior to going out for bid, and could be considered at the next regular meeting. Mayor Falck concurred that it could be held for two weeks, to which C/M Disraelly also requested detailed information on the ten vehicles, without reading the bid package, as to use and what will occur with the six existing vehicles. Mrs. Stuurmans advised that she would ask the City Engineer to furnish such information prior to the Pre -Agenda meeting. V/M Massaro MOVED to TABLE Item #11, the Bid Authorization for the Utility vehicles, to the next regular meeting, with the understanding that the Acting City Manager will get all the necessary information, as requested by C/M Disraelly and herself. C/W Kelch SECONDED. VOTE: ALL VOTED AYE. 12. Public Works Department_- Budget Transfer - Discussion and possible action to authorize an intra-departmental transfer to purchase a replacement safe. SYNOPSIS OF ACTION: Approved Mrs. Stuurmans advised that the Public Works Department was utilizing a safe, but experienced a break-in at the facility last summer, with damage occurring to the safe. It was found, she said, that the safe could not be repaired, and it was necessary for the storage of City vehicle inspections and petty cash supplies. She additionally stated that the cost for replacement is $190, and the monies are available in their Special Supply Fund, but were asking approval for the pur- chase of this safe, by transferring the monies out of the Special Supplies to Capital Office Equipment. C/M Disraelly informed Council that when the safe was damaged, it was not opened, and nothing was removed, but broken. He then MOVED that $190 from Line Account #1-139-519--306 of the budget named Public Works Special Supplies, be transferred to Line Item Account #1-129-519-641, named Capital Office Equipment. The balance in the -6- 1/14/81 mr/ i account from which the monies are transferred was $867.04 prior to the transfer and $677.04 subsequent to the transfer. The amount of money in the account to which the monies are to be transferred, was zero, prior to the transfer, and will be $190 subsequent to the transfer. C/W Kelch SECONDED the motion. VOTE: ALL VOTED AYE. 13. Finance Department - Personnel - Discussion and possible action on a request to hire one (1) temporary, part-time clerk -typist for work on the PSC refund. SYNOPSIS OF ACTION:Approved V/M Massaro MOVED to approve the request for the hiring of a temporary part-time clerk -typist, for the work on the PSC refund, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. 16. Employee Retirement Plan - Temp. Ord. #847 - Discussion and possible action to amend Section -IV of this plan relating to the retirement age for police officers and firefighters. First Reading. SYNOPSIS OF ACTION: Approved on lst Reading The Consulting Attorney read Temp. Ord. #847. Mayor Falck advised that funds were received from the State, to be applied under Chapters 175 and 185, relating to the retirement of the Police and Firemen. In order to continue receiving funds from the State agencies, he said, it would be necessary to have a provi- sion for early retirement for the Police and Firemen. The Mayor indicated that the Police retirement age is 60 years, and 55 years of age for the Firemen, which is so stipulated. The present Ordinance would be establishing an earlier retirement, in order for the Police to retire at age 55, and the Firemen could retire at age 50. Regular employees in the City, he said, do have a normal retirement at age 65, but could retire at 60 years of age. But, he said, the Police and Firemen, as stated in the Ordinance, would not be per- mitted to retire earlier than the ages stipulated, but would still require 10 years of service with the City. Mayor Falck further noted that the Consulting Actuaries will be available to Council, in order to determine the rates, and the effect on monies being contributed by the State. He also advised that the percentage will be adjusted for earlier retirement. C/M Disraelly indicated that earlier retirement benefits are reduced 1/15th for the first five years,and agreed that certification, by attending training classes,are necessary, in order to promote hiring of the people in both capacities. C/W Kelch MOVED that Temp. Ord. #847 be approved on first reading, and C/M Disraelly SECONDED. VOTE: ALL VOTED AYE. 14. Finance Department - Utility Billing -- Discussion and possible action on request to extend the use of�a rental computer to perform regular utility billing. SYNOPSIS OF ACTION: Tabled to 1/28/81, with the Finance Director to furnish update on all figures. Workshop Meeting to be held 1/21/81, for further discussion. Steve Wood, the Finance Director, said that the original computer proposal includes Utility billing, which recommendation was from the City Manager, for inclusion of converting the Utility billing files, that may inter -relate. MC 1/14/81 mr/ �■r C/W Kelch felt there would be a great savings for a short and once a full-scale computer program is established in Tamarac, this operation would be terminated, and will be with the other program. term procedure, the City of coordinated Mr. Wood said this would give exposure to utilizing a system that belongs to the City, rather than what is currently being used. Also, he stated, pressure is being put on from the company used to buy a mini -computer, in order to transmit data to Michigan. C/W Kelch said the rental program could be used as an interim measure, rather than an alternate one, as long as a large scale investment will be obtained for computerizing the entire City. Mrs.Stuurmans inquired as to the most desirable delivery time, should the City decide to acquire a computer system, to which Mr. Wood res- ponded that it would,anywheres from 120 days to 9 months; also, would be based on which company is involved. Mr. Wood said that the present request was to use the current PSC refund machine, and utilize it for other purposes, which would involve the ad- dition of some peripheral devices, and software, in order to perform other functions. He additionally stated there would be a $2,472 saving over the four -month period, and $300 per month thereafter. The Utility billing program, he said, would be rented from the Burroughs Corp. at TAPE $169 per month, and would increase the current hardware being rented SIDE from Burroughs, to a system capable of doing Utility billing. #3 V/M Massaro felt that all the figures should be spelled -out. Mr..Wood explained that approximately $2500 is being paid to Quanex Management Sciences each month, for the processing of the Utility billing for Utility West, which does not include program changes. But, he said, the current rental system, and for an additional $632 per month, the Utility billing could be handled, and avoid the payment of $2500 to Quanex. Mr. Ruf said there is an existing three --year agreement, which was assumed when the Utility was purchased, and does expire April of 1981. Mr. Wood responded that at least two months of parallel processing would be necessary, in order to determine whether the results being obtained from the City's system, would be equal to the results from Quanex. He also noted that there was a one(1) month penalty involved, and, if it was used up to April loth, or before that, a one (1) month penalty would have to be paid, according to that contract. C/W Kelch confirmed the fact that the local processing would involve a savings, and also prepare the employees for the take-over of the system. She added that this was an advantage to the method which Mr. Wood sug- gested. Mr. Wood indicated that they have been acquired by an Original Equipment Manufacturer, and their intention is for the City to purchase a Data .1500, which is an intelligent terminal device, at a cost of approxi- mately $8000. This permits Utility billing, but rather than input through the Miami office, it would be through their Michigan headquarters office by a phone line, he said, which would be expensive. Mr. Ruf responded to a question by C/M Disraelly, by stating that their services can be terminated at any time in the last year of the contract, for a one -month penalty payment. But, he felt that the Finance Director was interested in keeping them on-line doing the billing through the end of the contract, or at least through March. Mr. Wood said that when he wrote the contract, he was not certain whether the City was faced with the penalty. C/M Disraelly said that at the end of four months, there would be a net cost of zero, and the City would pay for February, March and April, it would be $7500; also, the purchase of another computer would be purchased at a cost of $632, for three months, which is $1896, and includes a com- plete total of $9396. In the fourth month, he said, there would be a savings of $604, by handling it in this manner, and Burroughs would be obtained for the fourth month. 1/14/81 mr/ Mr. Wood said there would also be the advantage of having an on -.line Utility billing system, where complaints for the billing could be handled accurately, which relates to charges. C/M Disraelly further stated this does not include the software rental, and the extra bytes, to which Mr. Wood noted that it would be $169 per month, at the time a Purchase Order is issued to the Burroughs Corp., from the date of delivery. This, Mr. Wood, said was included in the $632 figure. C/M Disraelly said the other costs would be handled by the PSC Refund, with a saving of $604 over a period of the first four months, to which Mr. Wood indicated there would then be a considerable savings each month. The Finance Director said if the computer system was required to be rented for the PSC Refund, for another six months, it would amount to approximately $2400 per month. if the rental, he said, is continued under the PSC, the cost would be $600 per month. Mayor Falck indicated that Council was interested in effecting the change, but would like more information, and would recommend that the item be tabled to January 28th, which would include updating and input of the figures by the Finance Director. V/M Massaro MOVED that Item #14, be tabled to the January 28, 1981 meeting, with the Finance Director furnishing the information which is based on the discussions presented this day, to Council, and C/W Kelch SECONDED. VOTE: C/W Kelch - Aye C/M Disraelly - Nay V/M Massaro - Aye Mayor Falck - Aye 15. Senior Service Agency Host Agreement - Temp. Reso. #1821 - Discussion and possible action to approve this Agreement for clerical assistance. SYNOPSIS OF ACTION: Adopted RESOLUTION NO.R- gL-j(e PASSED. The Acting City Manager stated that the City was offered one individual to work on a part-time basis, for 20 hours per week, and there was the possibility as other people are available, that one or two more people will be allotted. She said the time sheets would be submitted to the Agency,and permit the Aide to attend one monthly meeting, which is during the normal hours they are working for the City. The City, she stated, would have very minimal obligations of involvement. Mrs. Stuurmans also noted the individual would be compensated and insured through the Agency, and not the City. The use of this individual would be for clerical assistance in the City Attorney's office; no cost to the City. She responded to a question by C/M Disraelly, by stating that RSVP program individuals are non -compensated by the City, and are totally volunteer. C/M Disraelly MOVED for the adoption of Temp. Reso. #1821, and V/M Massaro SECONDED. (It was noted that the resolution was not read). Mr. Ruf read Temp. Reso. #1821, and C/M Disraelly MOVED for its approval, and V/M Massaro SECONDED. VOTE: ALL VOTED AYE. 17. Broward Count S ecial Census - Temp. Reso. #1822 - Discussion and pos- sible action to urge the Broward County Commission to have a special census performed for Broward County. SYNOPSIS__OF ACTION: Adopted RESOLUTION NO.R- V- 7 PASSED. Mayor Falck indicated that he was appointed as coordinator of this plan, but noted there was a discrepancy in the number of units that were sub- mitted, on a preliminary basis. Since then, he said, it has been up- dated, and felt that a special census should be encouraged. He addi- tionally stated there was to be a meeting of representatives from all municipalities, especially in West Broward, within one week to ten days. Q'L 1/14/81 mr/ Mayor Falck related to an incident, whereby Parkland crossed -over the 500 mark, which was necessary to apply for certain grant funding, and was conducted by Mrs. Gerren, the Mayor, and the Census Taker. After a-ta.lJy_of___the_figures, it was determined to be 383 people. The Mayor felt the City should become a party to this particular survey, and encouraged the passage of the resolution. Mr. Ruf read Temp. Reso. #1822, and C/M Disraelly indicated that the resolution was written by Evan Cross and him,and MOVED for its adoption, with a SECOND by C/W Kelch, who anticipated that there would be no fee charged to the City. V/M Massaro felt that a legal opinion should be made, as to the language inclusion in the resolution, to which Mr. Ruf inquired whether they were discussing the prohibition against the expenditure of City funds. In response to a question of the Vice -Mayor, the Mayor stated that approximately 1500 were under -estimated; and, also involved revenue sharing, and the granting of funds being based on total population. C/M Disraelly said that in addition to the shrinkage in the number of housing units, the City is down per capita about 1.7 persons per dwelling units, which is much lower than the surrounding areas, and could have a very serious change in the total population of the area. Mayor Falck felt the City would not be overly committing themselves to anything, and, if there is some involvement, it could be handled by negotiation or discussion. C/M Disraelly advised that the cities of .N.orth.Lauderdale and Davie wrote resolutions of a similar nature, but have taken it on a County --wide basis. VOTE; ALL VOTED AYE. COMMUNITY DEVELOPMENT 21. Wed ewood - Bond Release - Temp. Reso. #1808 - Discussion and possible action to release a cash bond posted pursuant to the Developer's Agree- ment for corrective work. SYNOPSIS OF ACTION: $10,000 cash bond and RESOLUTION NO.R- PASSED. surety bond released. The Consulting Attorney read Temp. Reso. #1808. V/M Massaro said there was a question in Mr. Keating's memorandum of December 24th, relating to the healthy condition of the grass, but has since made an inspection, and was satisfied that it was growing. The sprinkler system, she said, was inspected by the Chief Plumbing Inspector, which was approved 18 months previous, and felt that additional inspec- tions of the sprinkler system was not necessary. She also noted that it is their own responsibility, because it is on their own maintenance program. She MOVED that Temp. Reso. #1808 be approved, and the $10,000 bond be released, which was posted by Chateau Associates Ltd. C/M Disraelly SECONDED the motion, and stated that the sprinkler system was torn --up in the island, and specifically requested that Mr.Davidson investigate it further. V/M Massaro said that it was checked, and found to be in proper condi- tion. She additionally mentioned a memorandum which was submitted by C/M Disraelly, that related to rocks in the median, and requested that the Acting City Manager make a note of this, and respond by memorandum, as to the City's possible liability. VOTE: ALL VOTED AYE. 22. Woodmont Plaza - Discussion and possible action on: a) Site Plan b) Plat - Temp. Reso. #1787 c) Landscape Plan d) Water and Sewer Developers Agreement (located on the north side of McNab Road, east from 80th Avenue) -10- 1/14/81 mr/ l`7 L. __J SYNOPSIS OF ACTION: a)Approved with conditions, b) Approved, c) Approved with conditions, and d) Approved. (ITEM RECALLED later in the day, and TABLED to meeting of 1 28/81)See pages 25,26,27 & 28) a) V/M Massaro inquired of the City Engineer, as to the drainage being picked up for the intersection on 80th Avenue, and also McNab Road. She indicated that Coral Gables Federal has their entrance under water, when it rains, on McNab Road and 80th Avenue, because drainage was never required. C/M Disraelly said there was an oversight with Concord Village, which was detected, and curbing was accomplished for Lagos deCampo, for the length of their exit from Buildings 10 and 11. He noted that a memo was sent by him to the City Manager several months previous, because the median was being crossed by Concord Village, when proceeding west on McNab Road, which is torn -up. V/M Massaro inquired whether Concord Village was obliged to put in the curbing on McNab Road, to which the City Engineer said this should be explored as a separate item. He additionally stated that his department inspects whatever is shown on the plans, for construc- tion, but Council has been requiring the developers to curb in front of their projects, when site plan approval is requested. Mr. Keating advised that Concord Village was requested to put in some curbing on Lagos de Campo, and Mr. DeSousa willingly added that curbing. Evan Cross said that the site plan is red --lined, and shows curbing around the deceleration lane into their entrance, but not the entire length of the median, which would leave a portion open. He noted that Mrs. Adams was checking the minutes which related to this item. V/M Massaro said that she would speak to Victor DeSousa during the lunch hour, for a determination of the curbing. She also stated that Mr. Epple has agreed to curb all medians within the Woodmont project. TAPE Mr. Cross read a portion of the 7/24/78 minutes, wherein more than SIDE 20 requirements were indicated;"that all existing and proposed median #4 and parking lot islands to have continuous curbing, as per City Ordinance",which referred to Concord Village. C/M Disraelly advised the Vice -Mayor that Concord Village should extend the curbing which was installed, for the full length of his property along Lagos De Campo; also building up the sod, because it is at the street level, and does not give any protection. He noted that there are 1400 feet, plus or minus, on McNab Road, with another median cut being proposed between Buildings 8 and 9; but the curbing should run for the entire length, and continue forward to 80th Avenue, wherever the contract ends on McNab Road. The City Engineer responded to a question of the Vice --Mayor, and stated that ponding problems were investigated along the entire property, plus the intersection; which has been handled. C/M Disraelly requested of Evan Cross,that the lights be shielded from the Academy Hills complex. He also indicated that the bullnose has to be put in, because curbing is only shown to the centerline on 80th Avenue; possibly six (6) feet at each end. Mr. Keating advised that at the left turn, where the traffic separator will be instituted, that it is not practical to construct half of a concrete separator. C/M Disraelly MOVED for the acceptance of the site plan for Woodmont Plaza, File #80-0149, with the following conditions: 1. That the feet, on 2. That the eastward 3. That the shields shining bullnoses on 80th Avenue be extended at least six (6) the west side of the median; curbing on McNab Road, beyond to approximately the entry on two parking dot lights at the on them, on the north side, to into the Academy Hills area; now the bullnose, extend McNab Road; north of the Plaza, have prevent the light from 1/14/81 mr/ A 4. That all drainage on 80th Avenue and McNab Road, adjacent to this property, will have positive drainage connected to the entire system. V/12 Massaro SECONDED the MOTION. VOTE: ALL VOTED AYE. b) C/M Disraelly inquired as .to the two (2) feet additional dedicated right -of --way, and whether it comes out of the 12 foot utility easement, to which Mr. Cross responded that it was in -board of the two feet being dedicated. Mr. Ruf read Temp. Reso. #1787, and V/M Massaro MOVED for its approval, and C/M Disraelly SECONDED. VOTE: ALL VOTED AYE. c) C/M Disraelly advised that the Landscape Plan was reviewed and approved by the Beautification Committee on 11/3/80; with the stipulation that the Live Oak tree adjacent to McNab Road, on the the southeast corner, should be ten (10) feet instead of eight (8) feet, because it is adja- cent to the right-of-way. He then MOVED for the acceptance of the Landscape Plan, with that change. V/M Massaro SECONDED the motion. VOTE: ALL VOTED AYE. d) Mr. Ruf indicated there was an agreement in the file, and would check for proper execution of the document. He additionally noted that the City Attorney felt there were no problems with this item. Mr. Cross advised that the two ERC's have been certified by Woodmont Plaza Engineer, and should it not be sufficient,.they would come in at a later point in time, and pay for the increased size. V/M Massaro MOVED for the approval of the Water and Sewer Developers Agreement, for the Woodmont Plaza project, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. MEETING WAS RECESSED TO 1:30 P.M., FOR LUNCH. MEETING WAS CALLED TO ORDER, ROLL CALL TAKEN: TAPE PRESENT: Mayor Walter W. Falck SIDE Vice -Mayor Helen Massaro #5 Councilman Irving M. Disraelly Councilwoman Marjorie Keleh ABSENT & EXCUSED: Councilman Irving Zemel COMMUNITY DEVELOPMENT 29. Sands Point - Building K - Bond Release - Tem Reso. #1325 - Discus- sion and possible action to release a cash landscape bond posted to guarantee corrections needed at this location. SYNOPSIS OF ACTION: Tabled to 2/11/81, pending report from City Planner and Chief Building Official. V/M Massaro read Temp. Reso. #1325. Leon Ansis protested the release of the bond to Country Lakes Estates, and noted that Ordinance #78-9, which was established 2/16/78, the required trees were strictly limited to Black Olive, Mahogany, Bischovia, and Live Oak, with various other trees.,and hedges to be added for accent or design. He felt that the requirements of the ordinance were not complied with, and the bond release should be denied. Melanie Reynolds advised that Mr. Levine, the developer, planted 25 clumps of bamboo around Building K, which is not permitted by the ordinance. She felt this would have to be replaced by the owners, and would cause a tremendous expense; also, noting that she did not --12- 1/14/81 mr/ approve the release of the bond. David Sable said that injunctive relief should be sought, with applica- tion to the Court, to enjoin the City, as well as the developer. V/M Massaro inquired as to the inspection of the beautification, to which C/M Disraelly responded that the last report was consideration of the sprinklers, and the ponding involved. lie inquired of the Con- sulting Attorney, since the site plan was approved in 1973, would this comply with the Beautification Plan of 1972 or 1978. Additionally, he stated, that in 1973, a separate site plan was not required for land- scaping. V/M Massaro suggested to table this item, and the City Planner research the responsibility of the developer and the City, with a memo to be submitted to the Council; also, that C/M Disraelly work concurrently with him, as to the results of previous inspections. She MOVED that this item be tabled to the February 11, 1981 meeting, and C/11 Kelch SECONDED. C/M Disraelly felt the report should be submitted from the City Planner and the Chief Building Official, to which the Vice -Mayor concurred, and AMENDED HER MOTION to include this. VOTE: ALL VOTED AYE. 30. Tamarac Utilities East Grant of Easement Temp_. Reso. #1811 - Discussion and possible action to authorize City officials to execute a Grant of Easement to the City of Fort Lauderdale to operate a re- gional wastewater force main and pumping station on a portion of this property. SYNOPSIS OF ACTION: Tabled for research and approval by the City Attorney, to place it back on the Agenda. The Consulting Attorney read Temp. Reso. #1811. Mrs. Stuurmans said this would be necessary for the Ft. Lauderdale Large User Agreement portion of the overall "201". Mayor Falck noted that this will eventually permit the City to phase out its operation at the sewer plant on 22nd Avenue, in the eastern reaches of the City. This, in turn, he said, will enable the City to become a part of the Ft. Lauderdale system, and become a part of the central system. In response to a question by C/M Disraelly, the Acting City Manager responded that there is a fifth draft of an agreement between the. City of Tamarac and Ft. Lauderdale, for Large User Services, for this system. She noted that the City Engineer, the Finance Director, and the City Attorney, have referred their observations about the fifth draft, to the City of Ft. Lauderdale; which reply was pending. Mayor Falck felt that action should not be considered at this time, until such a reply has been received. V/M Massaro MOVED that Temp. Reso. #1811, in Item #30, be tabled until research and approval has been accomplished by Mr. Birken, and a request to place it on the Agenda. C/M Disraelly SECONDED the motion. VOTE: ALL VOTED AYE. 31. McNab Road Construction - Discussion and possible action concerning the construction at 70th Avenue and McNab Road. SYNOPSIS OF ACTION: Mayor authorized to write a letter to Tanzer Kalayci, of Craven & Thompson, as to the City's concurrence with the proposed change, per the memo of 1/13/81 by C/M Disraelly. C/11 Disraelly said this item was discussed at the Pre -Agenda Meeting, -13-- 1/14/81 mr/ as to placing it on the agenda for this meeting, with written sugges- tions to be submitted by him. He preferred that the proposed plan be adopted by the City, because removal of the median would be a tremendous hazard, which was viewed by Tanzer and himself, and would require a change -order to accomplish this. The proposed plan, he said, would leave the median, with two right-hand turns, and curbing would prevent anyone from the retail stores from crossing the median, with two south -bound lanes, he said, namely, the left and right turn lanes, and the straight ahead lane. (ATTACHPIENT # 1) He further added that south of McNab Road, when, and if developed, will be a residential community. C/PZ Disraelly noted that the cost was dis- cussed with Tanzer, and it was determined there would be no cost to the City; because the amount of concrete paving to be poured for the five lanes, would more than pay for the cost of curbing the median, from McNab Road north to the first intersection of entry to the Woodlands Methodist Church. C/M Disraelly requested Council to consider this, and that the Mayor be authorized to write a letter to Tanzer Kalayci, of Craven & Thompson, advising that the City was in agreement with the proposed change, as outlined on the sketch, and so MOVED. V/M Massaro felt that the bottom paragraph on the first page required additional language, in place of the word etcetera,"that they will put the fill in, and that they will sod it". She did, however, agree that the consideration is appropriate, and also a good plan. She also felt that a recommendation should have been received from the City Engineer, but still felt it was excellent, and anticipated that Council will approve it. It was her suggestion that the necessary fill and sod be in place, at the expense of the contractor. C/M Disraelly concurred, but felt he could not include this in his motion, but could be requested by the Mayor, in his letter. C/W Kelch SECONDED the MOTION. VOTE: ALL VOTED AYE. PUBLIC HEARINGS 18. J & L Ilockman - Special Exception - Petition #50-Z-80 - Request for a convalescent home in a B-6 zoning district on Lots 1 & 2, Block 4, Lyons Industrial Park - on the east side of 94th Avenue, extending south from 58th Street 250 feet. Discussion and possible action. - Temp. Reso. #1814. SYNOPSIS OF ACTION: DENIED Mr. Ruf read Temp. Reso. #1814. Irvin Shupack, Attorney for Mr. Hackman, advised that the convalescent home would permit 86 beds, and 40 parking spaces, and would enable patients being discharged from a hospital to recuperate, prior to going home. The facility, he said, would have physicians and nurses to pro- mote the convalescence of patients. Mr. Shupack felt that the special exception was proper under the B-6 zoning, but did indicate that the Planning Commission denied their request, because of a conflict in interpretation of meeting the re- quirements of the special exception. fie additionally stated that an office building in that area would not be feasible, if a special excep- tion was not permitted. Mayor Falck opened the discussion to the public. Mort Student, spoke as a concerned citizen, and indicated that he was in favor of the convalescent home, which is permitted in a B-6 zone. Sydney Bass, of Spyglass, stated that on January 7th the Planning Com- mission held their meeting, with representation from Spyglass, Wedge - wood, and Section 20. Ile said they indicated on that date that the area should be beautiful, but is ugly, with the Visual Graphics building and no landscaping. Also, he noted that the traffic congestion would -14- 1/14/81 mr/ J be involved on Commercial Boulevard, especially the area close to the Sunrise Musical Theatre. Sam Smolinsky, a resident of Spyglass, also noted that he was present at the Planning Commission, at which the time the petitioner made his plea for a special exception in the zoning. He further stated that several presentations were made for and against the petition, but did concur with Mr. Bass, that this area was the least likely for such a facility, and a recuperation center. Mr. Smolinsky requested denial by the City Council.of a special exception. Melanie Reynolds felt this area might become a beautiful project, which could be screened from the Visual Graphics building. Mayor Falck closed the public hearing, because there were no further comments received. V/M Massaro concurred that the area was not conducive to recuperation, and there was not sufficient land to construct such a home, which does TAPE require yard area and pleasant landscaping. She MOVED to DENY the SIDE petition, and C/W Kelch SECONDED. #6 C/M Disraelly felt there should be adequate space for people to be outdoors and walk -around, but indicated that no provision was made for this. He also said there was a parking lot in the front, and does not conform with the City's ordinances, with the necessity of waivers being requested. Mr. Shupack advised that there were two large -patio areas, for walkng,which border the canal,,as indicated on the plan which was displayed on the board. In response to a question by C/M Disraelly, whether the building could be made half the size, Mr. Shupack stated that it was presently necessary to be granted the special exception. He additionally requested the reason it was being denied by the Council. members. Mr. Ruf said that if the intent of the motion is to deny the special exception, then he would like each Council member to relate his reasons, on the record, in order to support any potential for a future challenge. VOTE: C/W Kelch: - Aye. She said her opinion was predicated on the theory that the B-6 has adequate uses that can be used by this owner, without introducing something of this nature. She also felt, as has been expressed by others, that it is not a desirable spot for a convalescent home. She also agreed that the area was very small, and would not permit landscaping and shielding that the City would like with such a facility. C/M Disraelly_ - Aye. He indicated that the building size was much too large for the property, without leaving sufficient area for ambulation and recreation. He further stated that a review of the parking lot would require presentation before Council_, for a variance for parking in this manner, because he determined that after sketching angle parking requirements, it would not be sufficient within the area. C/M Disraelly also noted that space was lost on their 58th Street side, with the service area, and no provisions were made for the required beautification. VIM Massaro - Aye. She felt that it was not an appropriate location for a convalescent home, with the lot not being large enough to produce the type of environment which would surround a convalescent home, as required by the City. The requirements, she said, for a special exception, would be additional_ beautification, above and beyond their require- ments. The site, she said, was inadequate. Mayor Falck - Aye. He said it was the same reasons, since it is not a desirable location, and was concerned with the amount of traffic in -and -out of that area. He felt that he has had similar experience with plans at the County level, whereby traffic wave pattern is viewed, prior to a firm de- cision. -15- 1/14/81 mr/ 1-9. George Elia - Spec al Exception - Petition #51-Z-80 - Request for a restaurant in a B-1 zoning district, east of Century Bank at 79th Avenue and Commercial Boulevard. Discussion and possible action - Temp,. Reso. #1815. SYNOPSIS OF ACTION: Approved, with conditions. RESOLUTION NO.R- PASSED. The Consulting Attorney read Temp. Reso. #1815. Mr. Elia, the petitioner, indicated this item was presented to the Planning Commission,with the building site and restaurant being approved, with three conditions; 1) to have a sprinkler system in- stalled in the entire building, including the kitchen and dining area, 2) daily sanitation pick-up, and 3) installation of a filter system in the ducts, to avoid cooking odors. Evan Cross, the City Planner, responded to a question by Councilman Disraelly, by stating that the width of 57th Street was 106 foot right-of-way; but the property to the north was not zoned residential, only business. Fie further stated that this property was more than 100 feet from residences. CIM Disraelly confirmed the fact that this property was east of the Post Office, alongside of Century Bank. Mayor Falck opened the discussion to the public, and closed it because there were no comments received. Mr.Cross responded to a question of the Vice -Mayor, as to require- ments having been complied with; also, that a letter was submitted by Mr. Elia, dated 11/13/80, as to concurring with all requirements for restaurants in B-1 zoning. Mr. Elia responded to the Vice -Mayor's question of installing the sprinkler system, which was recommended by the Planning Commission, by indicating his concurrence, and that it would be beneficial to him, and also his insurance premiums. It was noted that the restau- rant would be what is known as a "diner", by Mrs. Elia, with no room for people to frequent a bar, which involves breakfast, lunch, dinner, and after -dinner desserts. She also indicated that baking will be done on the premises, and anticipated to be a "high-class restaurant" with "diner" prices. V/M Massaro MOVED that the special exception be granted, providing that the primary business is for a restaurant; also, subject to the applicant agreeing to curb the median in front of the property on 57th Street, and on all sides. C11V Kelch SECONDED. Mr. Elia agreed to curb the median, as noted in the motion by the Vice -Mayor. VOTE: ALL VOTED AYE. 20. Two Libras, Inc. - Special Exception - Petition #52-Z-80 - Request for a dry cleaning establishment in a B-1 zoning district at Tamarac Shopping Plaza, 6674-76 N.W. 57th Street. Discussion and possible action - Temp. Reso. #1816. SYNOPSIS OF ACTION: Approved Mr. Ruf read Temp. Reso. #1816. RESOLUTION NO.R- 1,/- ! PASSED. Judy Taub, the President of Two Libras, Inc., said they were interested in opening a discount dry-cleaners, with reasonable prices. She also indicated that they were taking over the bank area, which involved two -bays. C/M Disraelly inquired about problems due to the closeness of the Chinese Restaurant and the Deli -Warehouse, to which Mr. Cross res- ponded that there are at least three situations in the City, where dry-cleaners were directly adjacent to restaurants and food places, with no apparent problems. Mayor Falck opened the discussion to the public. 00c 1/l4/81 mr/ M Morton Student said that he was in attendance at the Planning Commis- sion meeting, and was in favor of this dry-cleaning establishment. Mayor Falck closed the public hearing, because there were no further comments received. C/W Kelch inquired about certified equipment being used relating to Code regulations, being monitored for safety, to which Mrs. Taub replied that a letter was submitted to the City, indicating their compliance with the Code. C/M Disraelly MOVED to adopt Temp. Reso. #1816, providing a special exception for a dry cleaning establishment, and V/P4 Massaro SECONDED. VOTE: ALL VOTED AYE. GENERAL ADMINISTRATIVE/FINANCIAL 7. Sid Award - Tamarac Utilities -- West - Temp. Reso. #1818 - Discussion and possible action to award a bid for bulk pebble quicklime for use at the Utility Plant. SYNOPSIS OF ACTION: Bids Rejected, with direction to the Purchasing Agent, re- lating to purchases.(See page 4) Mr.Ruf felt that discussion should be held prior to the reading of the resolution. Mrs. Stuurmans advised that in October of 1980, the Purchasing Officer had correspondence with the City Manager, which related to the lime purchases at Utility West, and indicated that it was a necessary commodity, being purchased on a continuing basis. She stated that the weekly figure was approximately $2,000, but he pro- jected that this process for lime required high temperature, and a great deal of transportation cost was involved in the commodity. The Acting City Manager summarized the lengthy memo to the City Manager, whereby it was indicated that instead of limiting the pur- chase to one supplier, because of the critical need, it was felt there should be additional suppliers. Mr. Cezard, she said, did not believe there was an advantage to effecting an annual contract, but supply sources should be developed. The City Manager, at the time, did tell the Purchasing Agent to solicit bids, because of the language in the Charter, which authorization was approved. She noted that two suppliers replied; 1) Longview Lime of Birmingham, Alabama, with whom the City and other governmental agencies and utilities are presently doing business with at this time, and the other source being 2) Allied Products Company, also an Alabama firm. The City, she said, has not done business with them, but other cities have, but is also considered to be the backup and not the prime sup- plier. They have come in with the lower of the two bids, but the recommendation of the Purchasing Agent, was that a portion of the purchase supplies be given to Longview, and another portion in basic, to Allied. Mrs. Stuurmans noted that she discussed this with Mr. Ruf, and in- quired whether the bulk pebble quicklime could be treated as an emergency purchase item, with Council recognizing the prices received from both Longview Lime and Allied Products, and directing the City Manager's office and the Purchasing Agent, to procure the quicklime needs for the Utility, from either source, for the lower price. Another point, she said, that both suppliers indicated the bid prices in the package were good for only 90 days, because of fluctuations in freight rates; also, the surcharge for fuel, which is added on. C/M Disraelly inquired in what manner Allied Products starts at $79.95, and ends up with $73.00, to which Mrs. Stuurmans requested that Mr. Cezard be called, who indicated that he would be available if comments were necessary. She also noted that it may be -a typo error. C/M Disraelly inquired of Mr. Ruf, as to whether there would be a -17- 1/14/81 mr/ A limitation on the bid price, or could it be purchased without a bid. Mr. Ruf felt that the bids should be rejected, and the explanation of the Acting City Manager was that the purpose of going out for bid was to find sources. But, he said, it appears to be the kind of item that is not bid on, because prices would not be given beyond 90 days. Mrs. Stuurmans advised Council that the figure of $79.95, was a typo- graphical error, and should be $72.95, plus the 21�, would involve a total amount of $73.16. C/M Disraelly then noted that the base price was $72.95, and the Charter was not being violated for such a purchase, to which Mr. Ruf explained that this item does not lend itself to the bidding process, and the emer- gency process is triggered, which is built into the Charter. Fie also indicated, that if necessary, a contract may be entered into, that may be appropriate. C/M Disraelly then inquired whether the motion would be to reject the bids, and direct the Purchasing Officer to get the best available price on a three -months basis, or shorter, providing for continuous delivery. Mr. Ruf also indicated that circumstances change, and is an item that can be bid on a twelve --month basis. C/M Disraelly MOVED to reject the bids, and V/11 Massaro SECONDED. VOTE: ALL VOTED AYE. C/M Disraelly then MOVED to direct the Purchasing Officer to make pur- chases for Utility west, for bulk pebble quicklime, at the best available price, from any and all companies that will offer it to the City; to be purchased in three-month increments for the Utility. V/11 Massaro SECONDED the motion. VOTE: ALL VOTED AYE. COMMUNITY DEVELOPMENT 23.H.L.R., Inc. - Rezoning Petition #47-Z-80 - Discussion and possible action to extend this petition request for a period of 60 days. SYNOPSIS OF ACTION: Extension to not exceed 60 days. Mr. Ruf read a portion of the Code which was applicable, and related to action within ten (10) days of the Public hearing date, which time period may be further extended, by written consent of the applicant. C/M Disraelly indicated that the ten days have expired, to which the Vice -Mayor noted that Council has the privilege of approving an extension. Julian Bryan, representing the petitioner, said that on December 11, 1980, the City Council chose to table the petition, and they were presently requesting, by letter, if approval was given, to possibly come in for the first or second meeting in February, or whenever the proper documenta- tion and agreements were prepared. V/M Massaro understood that tabling action was approved for this date, and was, in effect, an extension of time by Council. Because of this date, she said, the written request was submitted by Lon Rubin. She then MOVED for an extension of time not to exceed 60 days from this date, and C/M Disraelly SECONDED. VOTE: ALL VOTED AYE. 24.11.L.R., Inc. - Rezoning Petition #48-Z_80 -- Discussion and possible action to extend this petition request for a period of 60 days. SYNOPSIS OF ACTION: Extension to not exceed 60 days. V/M Massaro MOVED that an extension be granted for a period not to exceed 60 days, and C/w Kelch SECONDED. VOTE: ALL VOTED AYE_ 1/14/81 mr/ 25. Westchester - Bond Release -- Temp. Reso. #1809 - Discussion and possible action to release a cash warranty bond for sidewalk construction in this subdivision. SYNOPSIS OF ACTION: TABLED Mr. Ruf read Temp. Reso. #1809. V/M Massaro said_ that she was reluctant to take action on this item, until such time as H.L.R. comes in with their bond for excavation of the canal and culvert crossing, which relates to the agreement for that particular area. She said this was in Section 24, in the northwest where the outfalls are located, but did not have any connection with this, but did want it. She additionally stated that Mr. Rubin did agree to submit an endorsement on the bond that exists for the project, but the insurance company came back with a letter, indicating that it would be cleaner to have the original work approved, with Council reducing it to 25%; and a separate bond for this work. She said it was apparent that they had to go through normal channels to release the first bond, and bring in the maintenance bond of 25%. TAPE Mr. Bryan said that he was confused with the Vice -Mayor's discussion, SIDE and indicated this item involved small portions of off -site sidewalk, #7 which required driving across the golfcourse in order to enter into the area of the 71 single-family homes. This, he said, involved two little slivers of sidewalk that did not front on a home, building site or lot, which was the purpose of this bond. He felt it did not involve Springlake T, which is on Southgate Boulevard. Mr. Bryan also indicated receipt of a letter this day, from the City Attorney, advising what the City would like, prior to the reduction of the 100% bond to the 25% maintenance and warranty bond. lie addi- tionally stated that the City would like a separate bond for the canal crossing on Northwood II. He further noted there was no problem with any of the Staff's requests, but would like to adhere to the ordinance, and discuss the related subdivision in question. V/M Massaro read a note which Mr. Birken wrote on the agenda given to Alan Ruf, "point out to Council that we are still waiting for a bond from this developer, on Springlake I, and the canal being excavated - we have gotten a lot of promises, but no action". She said there were two different projects, but felt that some of the things should be done on -time, that were originally scheduled. Mr. Bryan said that the bond for Springlake I, the original project of 97 single-family homes,whi h work, he said, was completed and in- spected by the City's Staff, and certified costs were obtained, which occurred many months previous. H.L.R., he further stated, did not re- quest at that time to have the bond reduced, because it was their under- standing that the City wanted a substitute bond. But,in its absence, they did not request reduction of the original bond, since it differed between $87,000, the 25% bond, and $300,000, for the total bond. He felt that $220,000 was more than the $22,000 in the canal. He said they were presently advised that a bill -of -sale was required for the water and sewer lines on -site in Springlake, and Mr. Keating indicated that he would like the bond for these reduced amounts, in advance of it being agendized for Council. Mr. Bryan also said that the bonding company did show reluctance to do this, because they did not want to generate a warranty bond until they knew the original bond was ready for release. Ile felt that a copy of Mr. Keating's letter would avoid any problems. But, he requested that these items should be kept separately. V/M Massaro indicated to Council that the $300,000 bond was to have an endorsement to cover the other work, but the insurance company advised them that it could not be handled in that manner. It was very clear, she said, that the bond could not be reduced, until formal pro- cedures were handled, through the Engineering Department, to release the bond. It was specifically written out in the letter, she noted, that they need a separate bond for this work, the excavation of the canal, plus the culvert crossing. She also added that the $300,000 bond covered the work on the 97 homes in Springlake I. Julian Bryan explained that the Vice -Mayor has inadvertently failed to -19- 1/14/81 mr/ remind everyone that when the agreement was reached for the excavation of the canal adjacent to Northwood II, it was for work done in return for the original approval of Springlake I. Whereby,a motion was made by the Vice -Mayor, approximately two or three years previous, re- quiring that if there were any off -site drainage problems along the south property line, adjacent to Westwood 23, that they would enlarge or improve the off -site drainage lines from Springlake I. He additionally said that if H.L.R.still had an outstanding obligation for drainage improvements, it would tie --in to the Vice -Mayor's original approval of the subdivision. Thereafter, he said, they went across the street, to Northwood II, Tract 1, and agreed to excavate the canal which was previously Leadership Housing's responsibility. The culvert crossing under the road has not been completed. Daniel Carnahan of Carnahan Engineering, advised that the big pipe under the road will be open cut, which is 48 or 60 inches thick, and did not anticipate that traffic would be delayed more than one week. They were made aware by the City Engineer, that keeping traffic open was of utmost importance. V/M Massaro MOVED to DENY the request for the bond release, and the bond be brought in for the culvert crossing and excavation of the canal, because the City Engineer determined that the canal has not been dug "deep enough". C/M Disraelly did not like to tie-in one project with another, and felt that it was unfortunate that the bond was not received on the other one. He felt that it was easier to tie -it into the $300,000 bond at Springlake, than the smaller bond of $2600, and, could not second the motion. MOTION DIED FOR LACK OF A SECOND. Mayor Falck felt that everything works both ways, and people coming in expecting the City to do something, should also accomplish whatever _F is expectedor �hem._ Mayor Falck relinquished the GAVEL to C/M Disraelly, in order to partake in a motion. V/M Massaro MOVED that the request for the band release, Temp. Reso. #1809, be DENIED until such time as they come in with the appropriate bond for the excavation of the canal and the culver crossing. Mayor Falck SECONDED the motion. C/M Disraelly felt that if the City was wrong previously, that this method should not be used to correct it. He further explained that if the bond did not come in at the proper time, then action should have been taken at that time. C/M Disraelly additionally stated that he would like a report from the City Attorney, and table the item until that time, which would permit H.L.R. to come in with the proper bond. V/M Massaro said that she would WITHDRAW her MOTION, and MAKE ANEW MOTION, to which Mayor Falck concurred. V/M Massaro MOVED to TABLE the item, and C/W I:elch SECONDED. VOTE: ALL VOTED AYE. 26. Northwood II - Discussion and possible action concerning model sales facility for this subdivision. (Tract 1) SYNOPSIS OF ACTION: Approved,with conditions. Julian Bryan represented H.L.R., Inc., and advised that it was a peti- tion for a subdivision whose plat was entitled Northwood II, and is currently being marketed as Springlake Villas. Its purpose, he said, was a different product, but was a continuation of the Springlake project that was previously discussed. He displayed a location map and site plan on the board, and indicated the location of the model sales area and temporary parking, and the radius of feet involved. He indicated the area to permission to develop the which is involved. be landscaped, and requested two waivers for model sales building, parking and landscaping -20- 1/14/81 mr/ L L.1 Mr. Bryan further stated that the flow for the single-family homes and their occupants, will not be affected, but viewers will be directed to the model sales area, plus a speed bump being installed. He also noted that a security guard will be on duty at the time of closing of the model sales area. C/W Kelch requested that no vehicular traffic be permitted from viewers of the model sales, to go into the present area of residents; also, that someone would be on --hand at all times as a security guard, to avoid unwanted individuals from being in the general occupancy of the area. Mr. Bryan said that the second request would provide full-time employees during the daylight hours on the premises, for purposes of showing the models. The first request would be impossible to insure, because,for a practical matter, there would be no opportunity to identify a person driving an automobile, as to being a visitor to the model complex or a resident living in the area. He did concur that a sign would be erected,stating "Residents Only". V/M Massaro said that she did not understand the letter from Mr.Kommer, dated 12/17/80, addressed to Evan Cross, which related to;l)Certificates of Occupancy on living units within 300 feet of the subject model building, and 2) be allowed to receive building permits for units within 150 feet of the subject model building. Mr. Cross said that no Certificate of Occupancy shall be issued to any other dwelling units in any part housing the model sales or adminstrative structures,which are 300 feet or less from the building structures in a multi --family area, or 150 feet in a single-family area. He said it would be building permits or C.O!s within 300 feet that are involved. V/M Massaro felt that Item #2 should be excluded from the letter. Mr. Cross expanded on Item #3, in the referenced letter, which relates to the request for the parking area; and indicated there is approxi- mately 5,000 square feet of models. He said that the City Attorney's interpretation would require approximately 25 to 28 parking spaces. C/M Disraelly indicated there were problems with parking spaces on the Model Sales Ordinance, and noted that a memo was sent by him to the City Planner, on January 5th, requesting this be reviewed. He further noted that a copy of the memo was sent to the City Attorney. C/M Disraelly advised that the memo stated one (1) parking space for 200 square feet of proposed temporary use area for the first project, and one (1) space for 300 square feet of each addiitional project used in the construction. He felt that it was an improper method of deter- mining the number of units or space of the units, would be the criteria for parking spaces. C/M Disraelly suggested that ten (10) spaces be earmarked for the first project or model, and either two or three spaces for each addi- tional model; having nothing to involve the square footage. Mr. Cross indicated that he wrote such a memorandum to the City Attorney, but did not copy it to the City Council. Additionally, C/M Disraelly noted that the parking spaces are not involved with the size of the project. Mr. Ruf stated that the City Attorney approached him about 1 1/2 weeks ago, and felt that something was amiss, but based on similar single- family and low rise developments, it would be adequate. V/M Massaro MOVED that the request for approval of a sales and model center for Northwood II - Tract 1 subdivision, be approved; also, ap- proving a waiver of Items #1 and #3, with Item #2 to be excluded from consideration, as relates to Mr. Kommer's letter of 12/17/80. She also stated that providing there is a sign at the sales office, indicating the extent to where the viewers for the models can traverse in that subdivision, and a security person to be included. C/M Disraelly said this would permit Certificates of Occupancy for any units being constructed, and if C.O:s were permitted for living units within 300 feet, it would include "everything". He felt this should not be handled in this manner. He preferred to grant the model -21- 1/14/81 mr/ sales and parking waiver, but Units 43 thru 47, 53 thru 57, 125 thru 129, 134 thru 138, and 139 thru 143, be excluded. Mr. Bryan indicated that Units 48 through 52 require a C.O., in order to occupy this as model sales area. V/M Massaro said that building permits should be obtained, but C.O.s should not be available for the model sales area, for living purposes. As the project progresses, she felt they could come in and continue discussion with Council. She reviewed the various units, by noting 43 thru 47, 53 thru 57, 125 thru 129, 130 thru 133 for the parking lot, 134 thru 138, and deleting 139 thru 143. TAPE Mr. Bryan inquired whether they would be permitted to comeback to SIDE Council, after construction of the first area closest to the model #8 sales building, in order to show contracts and indicating that these owners did not object to the model sales area. C/M Disraelly said it could be brought back to Council for further consideration; also, that there will be no living quarters where the models are located, until such models are abandoned. V/M Massaro MOVED for approval of a sales and model center, for the Northwood II - Tract 1 project, and Lots 43 thru 47, 53 thru 57, 125 thru 129, 130 thru 133, 134 thru 138 may have building permits issued, but no C.O.s, other than for model sales. She additionally stated that anything outside of those units can receive Certificates of Occupancy. C/W Kelch SECONDED. V/M Massaro AMENDED the MOTION to include; that beautification shall be required on the premises, as indicated in the Code, as though it were a formal requirement. C/W Kelch CONCURRED WITH THE AMENDMENT. C/M Disraelly said if building permits were obtained on the excluded lots, then the intent of the ordinance was being defeated, where pro- tection of 150 feet from the model sales center was anticipated. V/M Massaro indicated that the people were being protected from living next to a model sales office, but if these individuals did not object, she felt the City should not be concerned. She said that Council would agree to eliminating units 125 thru 129. She then WITHDREW HER MOTION, TO WHICH THE SECOND CONCURRED. V/M Massaro MOVED that the City Council approve: 1) sales and model center for the Northwood II - Tract 1 project; 2) further waive the parking requirements, allowing 15 temporary parking spaces, subject to standard required beautification;lLthat the developer will not receive building permits for Units #43 thru 47, #53 thru 57, #130 thru 133, and #134 thru 138;4)Certificates of Occupancy and building permits will be received for everything outside of the unit numbers indicated;and 5). be subject to the sign, as requested by C/W Kelch, that there will be no sales traffic beyond the point indicated on the site plan; also,6) a security man being on duty for the hours that the sales office will be open; 7) speed bump is to be eliminated; and 8) model sales cannot be used for living quarters. C/W Kelch SECONDED the MOTION. VOTE: ALL VOTED AYE. 27. Springlake II - Tract 36 - Discussion and possible action concerning engineering costs established for this subdivision. SYNOPSIS OF ACTION: New Engineering costs approved, as submitted for Phases I and II. Julian Bryan represented H.L.R., Inc., the developer, and said that Tract 36 is known as Springlake II. Ile also noted that a similar item was brought before Council, approximately 6 or 8 weeks, on Northwood II, wherein the original certified engineering cost estimate was determined to be substantially in excess of the bid price for the work. He further added that the original cost estimate, by the Consulting Engineer, in- cluded a substantial amount of site work for demucking and earth work, which was determined to not be necessary, after extensive testing. Mr. Bryan noted that the plat has been approved by the County Board of Commissioners, with everything prepared for recording. Also, he stated -22- 1/14/81 mr/ that Mr.Keating has reviewed the certified costs, based upon the new earth -work information on demucking, filling, and so forth. Mr.Bryan indicated that the public improvements that must be bonded before the City, increased slightly, after it was put out to bid, and the private improvements decreased. Mr. Bryan stated that Mr. Kommer felt it was based upon signed contracts, and upon the approved engineering plans, from $375.00 per acre down to $200.00 per acre, which was a complete turn -key signed contract. He said that it was the same party for all the items on Northwood TT. Mr. Bryan advised that the bond will be increased for the City, in the approximate amount of $50,000, for the subdivision improvement bond. V/M Massaro felt that corrections should be made when the certified costs are submitted, but did assume that the monies were paid. She additionally stated that Mr. Keating reminded her, as to never deviating from the point of certified actual cost, there has never been a refund. She did indicate that it has not been paid, and the developer was pre- pared to come in for permits, and were attempting to resolve the $20,000 fee. Also, she said, signed contracts would be required, and furnished to the City, and felt the amended figures should be considered for the estimated costs. C/M Disraelly MOVED to accept the new engineering costs, as submitted in Phases I and II, and V/M Massaro SECONDED. VOTE: ALL VOTED AYE. 28. Timber Point (Woodmont Tract 72-13) - Revised Site Plan - Discussion and possible action concerning two (2) entrance signs for this subdivision. SYNOPSIS OF ACTION: Approved Barry Simon, the Secretary -Treasurer of Timber Point Development, was representing the developer. He indicated that the two signs were omitted from the original site plan, which was approved by the Beauti- fication Committee. He responded to C/M Disraelly's question, by stating that they would be permanent signs, and are ten (10) feet out of the right--of--way. C/M Disraelly stated that the Beautification Committee approved this at a prior meeting, and felt there were no problems.involved. V/M Massaro MOVED for the approval of the revised site plan, for two (2) entrance signs at Timber Point, and C/M Disraelly SECONDED. VOTE: ALL VOTED AYE. 32. Business Uses - Amendment - Temp. Ord. #828 - Discussion and possible action to amend Code Section 28 relating to uses permitted in business areas. First Reading. SYNOPSIS OF ACTION: Approved on lst Reading. C/M Disraelly read Temp. Ord. #828. He said this was reviewed by the Planning Commission, and incorporates changes which were enumerated in the Ordinance, as to warehouses, for additional clarification, and the establishment of certain criteria; as well as automobile repair facili- ties and video sales and exchange clubs, not previously listed in the Ordinance. The restaurant area, he said, involving increased distance with clarification of the distance between the restaurant and the resi- dential areas that might be included.. Ile so MOVED for its adoption, on First Reading, and V/M Massaro SECONDED. C/W Kelch noted that the Planning Commission requested an addition for the use of the custodian, to which Mr. Cross explained that 750 feet was requested for living use in warehouses, by the custodian. C/M Disraelly did not refer to this, and would not want such inclusion. VOTE: ALL VOTED AYE. 36. Probationary Period for Certain Department Heads -- Discussion and possible action. SYNOPSIS OF ACTION: Action of 12/24/80,..Item #25, was rescinded by Council. (See page 1) 1/14/81 mr/ -23- 77 L-_1 In response to a question of the Vice -Mayor, the Acting City Manager stated the Chief Building Official and the Chief of Police were the two Department Heads on probation. V/M Massaro felt that both people should be taken out of the proba- tionary period, because they have shown their worthiness, and said that denying them what is rightfully theirs, is not conducive to getting good work accomplished. She further stated they are both doing a very good job, and was extremely pleased with the Chief of Police; and felt that the Chief Building Official was doing a good honest job, but did have a problem with the South Florida Building Code, because he was unfamiliar with it. She also stated that there has not been any complaints from any developer or purchaser of a home. The Vice -Mayor said she would like to see the entire motion that was made, be removed from the record, and those entitled to something under the agreements they came into the City with, be given consideration. Mr. Birken referred to Section 5.04A of the City Charter, which related to appointment of the Department Heads, and the Assistant City Manager. This area indicates the powers of the City Manager, he said. "He shall appoint and supervise the heads of all departments, and Assistant City Manager, if required, subject to the approval of the majority of the Council. The City Manager, subject to the approval of the Council, shall appoint, suspend, remove or demote the Chief Building Official, in circumstances which the Council deems appropriate. He may directly appoint, suspend, remove or demote the said officials." The City Attorney recommended, as relates to the Police Chief especially, that initial determination would probably be within the purview of the City Manager, or present Acting City Manager. He said the City Manager should make the initial recommendations for all employees under the Charter, except the Chief Building Official, who can be independently acted upon by the City Council. This would permit all employees who are still on a probationary period to be under the control of the City Manager. C/M Disraelly suggested two motions be made, pertaining to non -depart- ment heads, and separating the individuals. Mayor Falck recommended to repeal the action taken previously. V/M Massaro said the Department Head under concern was the Police Chief, but it was noted that supervisory capacity was involved and clerical; which she never intended to address. Mrs. Stuurmans said that since the date of Council's action, there have been at least seven or eight cases that were put into a "hold pattern", which were ready, but approved by the Department Head. Because of such motion, she felt that action could not be taken. Additionally, she said there was no objection to releasing any of these people from the probationary period. She recollected that the Chief Building Official and the Chief of Police, took their respective assignments at approximately the same time, in June of 1980. The proviso for the Chief of Police, when intro- duced to Council in May, was an agreement of 1 year probation, but benefits would be obtained after 6 months. V/M Massaro concurred with Mayor Falck's suggestion, to repeal the previous action, to which C/M Disraelly requested that such considera- tion be made when the full Council is in attendance. V/M Massaro further added that action should be taken at this time, and did not feel that the "help" should be treated in this manner. C/M Disraelly felt he was forced to make a statement, and said that he did not doubt that Al Miller was a good, honest, hard-working and industrious Chief Building Official. But, he said, when he appears before the Beautification Committee, and questions relating to the Ordinance are asked of him, he is unaware of its contents. The pre- vious City Manager did advise Mr. Miller to be prepared with all the answers at the next Beautification Committee meeting. He further stated that Mr. Miller did not do his homework, and he was disappointed -24- 1/14/81 mr/ L I with his response, that a member of his department be approached for the necessary information. C/M Disraelly said upon questioning the Chief Building Official on enforcement of the Ordinance, his response was that he adheres to the South Florida Building Code. C/P7 Disraelly further stated that Mr. Miller submitted the Beautification Ordinance to the Board of Rules and Appeals, in order to determine whether it is in conflict with the South Florida Building Code; prior to enforcement of the ordinances. that the City writes. TAPE SIDE C/M Disraelly indicated that he has copies of the letter which was #9 mailed to the Board of Rules and Appeals, and also the response, which states that there is nothing in violation of the City ordinance in conflict with the Code. He said the ordinance does indicate that it is the responsibility of the Chief Building Official, for enforce- ment. C/W Kelch felt that Mr. Miller was attempting to secure everything possible for the City of Tamarac, and said that the previous action that was taken was completely demoralizing, and defeats his purpose. She further stated that the misunderstanding should be rectified, and this action should be rescinded entirely, which was made at the December 24th, 1980 meeting. Mr. Birken said that under the City Charter, the City Council has the power to make a decision on the Chief Building Official, but does have the ability to allow the initial determination to be made by the City Manager. The City Attorney indicated that the probationary period was for the purpose of disciplinary action that the employer could take, with the employee not being entitled to any hearing or any other rights. He also stated that incompetence was not necessarily a means of ter- minating an employee, because a record would have to be built, which would involve a lengthy period. C/M Disraelly did not have criticism of Mr. Miller, as an individual and his honesty, but felt that he was a good Building Inspector when he worked for the Building Department. He only questioned his ability as a Chief Building Official, and not his integrity or anything else. He additionally stated that he did not have control of the department, and the faith of the men who work for him. V/M Massaro did not concur, because she felt that he was completely honest, and that his work load was heavy; especially when it involves checking beautification plans. She said that other employees could be requested to handle this, and also noted that complaints have not been received from anyone, as to the work which has been done. V/M Massaro MOVED to rescind the action taken on December 24, 1980, Agenda Item #25, by the City Council; "that all personnel not covered under Union Contract, who are on a probationary period, that their probationary periods be extended not to exceed six months, until re- viewed by the new City Manager". C/W Kelch SECONDED the motion. VOTE: ALL VOTED AYE. REPORTS 33. City Council C/W Kelch advised that a Special Workshop Meeting of Council was scheduled for Monday, January 19, 1981, for the preview of the new Tamarac Showcase Edition. She stated that it will be held in the West Conference Room, at 1:30 P.M. by the Public Information Committee. She said that comments and recommendations were welcomed, prior to its first appearance, on February 3rd. Mr. Birken advised that when approval was granted for Item #22, Woodmont Plaza, they were not aware that the fees were not paid. He also noted that Mr. Cross was not in the room during that period of time. Mr.Birken also stated that Barry Eden was in the building, and was requested to clarify the item. --25- 1/14/81 mr/ I Mayor Falck indicated that when Council was in the final stages of con- sideration of the item, just prior to the lunch recess, the City Clerk submitted a note, with a request from Mr. Eden, to not consider the item. But, he said, unfortunately it was completed by that time. C/M Disraelly said that on 1/9/81 he attended a meeting, at the re- quest of Mayor Falck, on solid waste, which was called by the Florida League of Cities. It was noted by the Assistant County Manager that five cities had signed the Agreement; namely, Ft. Lauderdale, Hallandale, Hollywood, Pembroke Park and Wilton Manor, and involved 1350 tons daily that would be contributed. He also said discussions were held for a professional staff to analyze, make selections, negotiations, and so forth. C/M Disraelly advised that Commissioners Craft, Thompson and Kolb were determined to be the Selection Negotiation Committee, together with three members from the League, plus five to be appointed from different cities, with discussion of the need for resource recovery. He noted that Waste Management was guaranteeing 600 tons for the plant they were constructing, because they were getting 1500 tons of garbage each day. The County, he said, presumed that if all the cities agree on 2500 to 3000 tons per day, with the availability of 600 to Waste Manage- ment, 500 to the new plant, and 1500 additional tons for someplace else. He stated that input was received on the construction of small plants in various areas of the County; also, additional input on the possibility of a plant, using a magnetic separator for ferrous metals, and other means for non-ferrous metals. He also stated that an invest- ment firm created an authority in Palm Beach County, which handled regional problems, and a study plan was offered on the method of trans- port, building of a plant, management, and disposal of the in -project, plus the tipping fees. This company would do this at their own expense, provided that at the time the physical plants were constructed, that Bache & Co. .be the underwriter for the bonds to be issued... He indicated that it was a three-hour meeting, and another one was being planned prior to the February Florida League meeting. It was further noted by C/M Disraelly, that fourteen municipalities were rep- resented at this meeting, with no decision being made. C/M Disraelly advised that the Florida League was holding a pre -legisla- tive conference on 2/11, 12 and 13, in Tallahassee, with discussions to be held on lobbying and projects. The fee for this conference is $25.00, and $10.00 for the February llth conference, plus the air fare, and a two-day stay. He requested approval by Council for his attendance on February 12th and 13th, to which V/M Massaro also made such a request. 37. Authorization for Trip to Tallahassee for V/M Massaro and C/M Disraelly to Attend the Pre -Legislative Conference SYNOPSIS OF ACTION: AGENDIZED BY CONSENT V/M Massaro and C/M Disraelly were authorized to attend the 2/12 and 2/13/81 pre -legislative conference,in Tallahassee. V/M Massaro MOVED to AGENDIZE BY CONSENT, permission to attend the pre -legislative meeting in Tallahassee, and C/M Disraelly SECONDED. VOTE: ALL VOTED AYE. C/M Disraelly MOVED to authorize V/P1 Massaro and C/M Disraelly to attend the pre -legislative conference in Tallahassee on February 12th and 13th, 1981, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. REPORTS (continued) 33. City Council V/M Massaro discussed the Concord Curbing, and advised that she spoke to Victor DeSousa, who agreed to send a letter to the City this day, relating to the curbing of the medians for the full length of their property on McNab Road and Lagos de Campo Boulevard. He did not agree -26-- 1/14/81 mr/ r � � to putting in the sodding, but would put in the fill. She also discussed the area of Guava Drive at Commercial Boulevard, and the problems involved, wherein Tony Nolan, the Consulting Engineer, was advised that proper drainage was required. The City Engineer, she said, told her that a letter was sent to the contractor, telling them to do nothing until they submit a sketch showing their intentions re- lating to drainage at the intersection. 35. City Attorney Mr. Birken said that he will bring Council up-to-date in detail, on the Executive Airport hearing, which is being rescheduled. He also indicated that the City was sued for things that arose out of the last- administration of the Police Department, and will submit copies of the complaint to Council. Mr. Birken also noted that the Mayor and he attended a seminar in Orlando; also, distributing material to Council on the Trim Bill. It was further indicated that the millage must be established before the budget is passed, and proposed legislation for modification of the Trim Bill. 33. City Council Mayor Falck requested that Mrs. Stuurmans, the Acting City Manager, have "No Parking" signs installed on poles on Commercial Boulevard, as relates to lanes going to the east, where people are parking against the curb. Fie indicated that observations will be sent to Council of the Orlando seminar, in writing. Also, that he may be out of town on 1/22/81, in order to attend a Broward County Planning Council meeting. COMMUNITY DEVELOPMENT 22. Woodmont Plaza - Discussion and possible action on: TAPE a) Site Plan SIDE b) Plat - Temp. Reso. #1787 #10 c) Landscape Plan d) Water and Sewer Developers Agreement SYNOPSIS OF ACTION: AGENDIZED BY CONSENT - Reconsideration of action that was approved and,then RESCINDED. Tabled to 1/28/81. (See pages 10--12 VIM Massaro MOVED to AGENDIZE BY CONSENT the reconsideration of Item #22, Woodmont Plaza, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. Mr. Eden felt this item would not be considered this day, and noted that he was in the Engineering Department, as related to the fees, being advised of 5% on -site retention, which would meet the South Florida Building Code, and the Water Management District's require- ments. It was, he said, designed for such retention of drainage, with particular sizes of piping. VIM Massaro said that one (1) inch retention was required, and is on Mr. Eden's property, but also noted that 5% retention is required in the form of a holding area. She further stated that the South Florida Water Management District has 11% requirement of the land. Mr. Eden advised that he could not pay this until January 24th, and would request that the action be rescinded. VIM Massaro MOVED to RESCIND THE PREVIOUS ACTION of this day, from a) through d), under Resolution #1787, and C/M Disraelly SECONDED,.. VOTE: ALL VOTED AYE. C/M Disraelly MOVED to TABLE Item #22 to 1/28/81, pertaining to -27 1/14/81 mr/ L 7----7 L J Woodmont Plaza, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. MEETTNG ADJOURNED AT 5:30 P.M. MAYO ATTEST: A SISTANT CITY CLERK This public document was promulgated at a cost of or $ /.<. per copy, to inform the general public and public officers and e loyees about recent opinions and considerations by the City Council of the City of Tamarac. IM:c APPROVEO RY CITY COUNCIL ON 1/14/81 mr/ r• LLI Q 7-11 a 1 �ROVas� Mc NAB. R.Di Mc NAB P.-Do ATTACHMENT #1 ITEM #31 1/14/81. --29— 1/14/81 mr/