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1980-01-23 - City Commission Regular Meeting Minutes
P. 0. Box 25010 TAMARAC, FLORIDA 33320 CITY OF TAMARAC, FLORIDA CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY. JANUARY 23. 1980 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 addi- tional research. Council may agendize by majority consent, matters of an urgent nature which have come to Council's attention after publication of this agenda. 1. Tamarac Utilities - West - Progress Report on operations. (1/23-pgs.1-3) Discussion and possible action. Study requested. 2. Tamarac Utilities - West - Financial Report. Discussion (1/23-pg•3) and possible action. Fin.Dir.to sub- mit report. 3. Tamarac Utilities - West - Discussion and possible actin (1/23-pg.4) to authorize the City Manager to advertise for bids for Authorization chemicals. given. PROCLAMATIONS 4. Freedom and Solidarity Da -- Presentation by Mayor Falck (1/23-pg.5) of a Proclamation Declaring January 26, 1980 as Freedom and Solidarity Day in Tamarac. 5. United Jewish Appeal - Presentation by Mayor Falck of a (1/23-pg.5) Proclamation Declaring February as United Jewish Appeal Month in Tamarac. PRESENTATIONS/AWARDS 6. Employee Service Awards - Five Year Pins - Presentation (1/23-pg.5)Pre- by the City Manager of 5-year pins to Bernard Simon, sentation to Lt.PChief - Fire Department, Ray Briant, Ass't. Chief - Fire Chf. Briant. or & Asst. Department, Peter Prior, Lt. - Fire Department, hf. Gary O'Shea, Ptl. - Police Department, Val Jakolenko - Public Works. 7. Alexander Grant & Co. - Audit Report - FY 1978/79 -- 10:30 Temp. Reso. #1491 - Discussion and possible action to A.M. approve and accept this report of the City's financial records. 8. Consent Agenda - ztems listed under Item #8, Consent Agenda are viewed to be routine and the recommendation will be enacted by one motion in the form listed below. There will be no separate discussion of these items. If discussion is desired, then the item(s) will be removed from the Consent Agenda, and will be considered sepa- rately. (1/23-pgs.7-9) RESO.80-10 APPD. PAnr TWO_ a) Minutes of 12/28/79 - Special Meeting - Approval recorn- (1/23-pc.10) mended by City Clerk. a) thru q)APPD; b) ,c) ,d)As b) Minutes of 1/3/80 - Reconvened Regular Meeting - amended; h) & Approval recommended by City Clerk. i) to have separate in- c) Minutes of 1/9/80 - Regular Meeting - Approval recom- voices submit. mended by City Clerk. by auditor; j) Corrected to d) Minutes of 1/9/80 - Regular Meeting - evening - Approva read C.Mgr. recommended by City Clerk. instead of instead e) Minutes of 1/10/80 - Reconvened Regular Meeting - Approval recommended by City Clerk. f) Minutes of 1/17/80 - Special Meeting - Approval recom- mended by City Clerk. g) Alan F. Ruf - Consulting Attorney - 1/18/80-W$680.00 - Approval recommended by City Attorney. h) Alexander Grant & Co. - Auditor - 11/26/79 - $5,000.00- Audit 1978/79 - Acct. #1-177-513-320 - Approval recom- mended by City Manager. i) Alexander Grant & Co. - Auditor - 11/26/79 - $500.00 - Audit 1978/79 - Utility East - Acct. #419-301--536--320- Approval recommended by City Manager. j) Alexander Grant & Co. - Auditor - 12/19/79 - $3,000.00- Audit 1978/79 - Acc't. #1-177-513-320 - Approval recom- mended by City Manager. k) Alexander Grant & Co. - Auditor - 11/26/79 - $600.00 -- Tamarac Utilities - West Books - Acc't. #425-366-533- 320 and #425-370-535-320 - Approval recommended by City Manager. 1) Williams, Hatfield & Stoner - Consulting Engineer - 1/7/80 - $100.00 retainer - Acc't. #1-155-515-310 -- Approval recommended by City Engineer. m) Williams, Hatfield & Stoner - Consulting Engineer - 10/3/79 - $388.50, 1/7/80 - $486.50, 1/8/80 - $575.75 - total $1,450.75 - Acc't. #1-106-514-310 - Approval recommended by City Engineer. n) Lorne W. Hunsberger - Consulting C.P.A. - 11/30/79 - $300.00 - Acc't. #425-366-533-310 and #425-370-535-310- Approval recommended by City Manager. o) Mitchell Ceasar -- Grants Consultant - 12/26/79-$62.93- expenses - Acc't. #1-110-512-402 - Approval recommended by City Manager. p) Mid -South Engineering - Traffic Circulation Study -- 12/4/79 -- $2,'250.00 - Acc't. #1-108-515-310 - Approval recommended by City Planner. q) Mid -South Engineering - Housing Element--1/7/80 - $1,500.00 - Acc't. #1-108-515-310 - Approval recommender by City Planner. LEGAL AFFAIRS 9. Commercial Garden Mall - Stipulation - Temp. Reso. #1492 - Report by City Attorney. Discussion and possible action. 10. Fairways - Buildings C & D - Discussion and possible action to rescind 11/14 79 action directing the City Attorney to write the developer requiring certain corrective work be done. (1/23-pgs.17, 18) RESO. 80-11 With Changes (1/23-pg.18). Previous actioi rescinded. Eng.Dept. to inspect com- pleted work. I 11. Wedgewood - Discussion and possible action on: a) Road Dedications -- Temp. Reso #1075. b) Fifth Amendment to Developer's Agreement. 1`i�[eiY:1:7�n11 (1/25-pgs.8-21) J/M M & C.Eng. investigate Domplaints (VERBATIM) 12. Tamarac Shopping Plaza - Pending Litigation - re: Parking (1/23-pg.4) Area - Discussion and possible action. Tbld. 2/13/80 13. B.E.T.A. Contract - Polic Community Service Aides - (1/23-pg.18) 10/1 79 - 9/30/80 - TRES0.80-12 APPE_emp. Reso. #1493. Discussion and thru 9/30/80 possible action to authorize City Officials to execute this contract. 14. Baile Road Volunteer Fire De artment - Service_ Agreement- (1/23-pg.18) Temp. Reso. #1494 - Discussion and possible action to T RESO.80-13 authorize City Officials to execute this agreement. 15. North Andrews Fire Department - Subdistrict 10 of Broward (1/23-pgs.18,1: Central Fire De artment - Temp. Reso. #1495 - Discussion RESO.80-14 and possible action to authorize City Officials to execute this agreement. 16. New Sign Ordinance - Temp. Ord. #670 - Discussion and (1/23--pgs.10- possible action to adopt this ordinance on Second Reading. 12)Tbld. with (The Public Hearing was held on 12/19/79). hanger 17. Sign Permit Fees -- Temp. Reso. #1489 - Discussion and possible action to adopt fees for installation of signs. 18. Pension Plan - Temp. Ord. #660 - Discussion and possible action to amend the plan by removing Council appointed employees and contracted employees from this plan. First Reading. 19. Pension Plan - Temp. Ord. #661 - Discussion and possible action to amend the plan by providing for vested rights for employees with over 5 years service who terminate em- ployment with the City. First Reading. 20. Pension Plan -- Temp. Ord. #662 - Discussion and possible action to amend the plan relating to deferral of retire- ment. First Reading. (1/23--pg. 18) Pbld. (1/25-pgs.22,2-- %ppd. on lst 2dg . (1/25-pgs.22,2. %ppd. on 1st as amended (1/25-pgs.22 & ?4)Appd. on Lst Rdg. as amended. 21. Beautification Committee - Temp. Ord. #715 - Discussion (1/25-pgs.7,G) and possible action to expand the duties of this Committee rbld. for to review landscape plans prior to review by Council. research First Reading. 22. Broward County L.U.P. Flexibility Zone & Study Area 61--(1/25--pg.6) Temp. Ord. #716 - Discussion and possible action relating ppd. on 1st to voluntary local park dedication in this area - being s amended. Land Sections 4,5 and 6. First Reading. 23. Elected Officials Terms of Office - Tem.--Ord. #723 - (1/25-pgs.6,7) amending Code Section 2-4 by modifying the date the terms otion failed of office begin. Discussion and possible action on First Reading. 24. Bingo Regulations - Discussion and possible action. PUBLIC HEARINGS - 2:00 P.M. 1/25-pgs.5,6) .Atty.prepare rd. 25. Rezoning Notices - Tem . Ord. #707 -- Amending Code Section (1/23-pgs.12, 28-25 by requiring notice of rezoning be posted in a con- 3)ORD. 80-25s amended. spicuous place on property by property owner or applicant. Discussion and possible action. Second Reading. 26. Onsite Drainage Requirements - Temp. Ord. #713 - Amending 1/23-pgs.13, 0-79--47 to permit cash in lieu of retention area. Discus- 4) RD.80-26, as lion and possible action. Second Reading. mended. PAGE FC)T IR _ (1/23-pg.14 27. Budget Adjustment - Temp. Ord. #722 - Discussion and pos- Tbld.& 1/25- sibie action to adopt a budget adjustment to the General pg.5)ORD.80-27 Fund Budget - FY 1979/80. Second Reading. COMMUNITY DEVELOPMENT 28. Drainage Retention - Fees - Temp. Reso. #1496 - Discussion (1/23-pg.14) and possible action to adgpt a per acre cash fee in lieu RESO.80-15 of the equivalent retention area. 29. Heftler Homes - Revised Site Plan - Discussion and pos- (1/23-pgs.14- sible action on request for perimeter wall on N.W. 81st 16)Appd. with Street and N.W. 88th Avenue. cond. 30. University Community Medical Plaza - Bond Release - Tem. (1/23-pg.16) Reso. #1459 - Discussion and possible action to release a RESO.80-9 subdivision improvement bond with submission of a one- year warranty Lond. (1/23--pg. 16) 31. Riverside Chapel -- Proposed Construction - Commercial RESO.80--16 Appd Boulevard - Tem Reso. #1500 - Discussion and possible with 6 mos. action to extend this special exception and conditions extension imposed by Resolution #R-79-16. 32_ Commercial Boulevard Lands - Discussion and possible (1/23-pgs.16,17 action on: (1/25-pgs.2-4) a) Appd. w--cond. a) Site Plan b)RESO.80-17 b) Plat -- Temp. Reso. #1497. c)Appd.w-correc c) Approval of Developers Agreement by motion. (located adjacent to Peninsula Federal Savings & Loan Ass'n.) 33. Woodview Villas - Model Sales Area - Discussion and pos- (1/25-pg•1) sible action to approve a sales model area and temporary Appd.for time sign location. period. 34. Toll Develo ment - Woodmont Tract 58 - Discussion and (1/25-pgs.1,2) possible action for permit to build one (1) model with Appd. upon sales privileges, signing of agreement. 35. Canal Reservation Release - Tem . Reso. #1501 - Discussion (1/25-pg.27) and possible action to release reservation i2325, on RESO.80-18 Lot 14, Block 143, Mainlands Section 8. GENERAL ADMINISTRATIVE/FINANCIAL (1/25-pg.27) 36. Playground Equipment - Bond Release - Tem Reso. #1469 - RESO.80-19 Discussion and possible action to release the performance bond for installation of this equipment. (1/25-pg.27) 37. Public Works Truck -- Bid Award - Temp. Reso. #1486 - Dis- RESO.80-20 cession and possible action to award a bid for one dump ,lack Nicklaus truck. Pontiac 3$. sire De artment - Pumper Truck - Bid Award Temp. Reso. 32)Rejected-- #li 498 - Discussion and possible action to award a bid for go for rebid. one 5--man, cab -over pumper truck. (1/25-pg.28) 39. Hardee's Restaurant - Discussion and possible action on Refund of request for refund of development review fees, due to the $1185 withdrawal of the development application. (1/25-pg.28) 40. Tamarac Utilities - West - Discussion and possible action C.Mgr.negotiate on determination on renewal of loan for operating expensesnew loan with Sunniland Bank. 41. Tamarac Park Commissioner - Discussion and possible action (1/25-pgs.28-30 to authorize the City Attorney to prepare an ordinance C.Atty.prepare creating the position of Parks Commissioner and setting Ord.-Rec.Comm. forth the duties and responsibilities. submit.resig. REPORTS 42. City Council 43. City Manager 44. City Attorney PAGE FIVE (1/25-pg.34) 11 Copies of Legislation to be considered are available for reviewing and purchase in the Office of the City Clerk. 45. 46. 47. 48. 49. CITY OF TAMARAC MARILYN BERTHOLF, CITY CLERK Mitchell Ceasar - Grant Consultant - Activity Report and (1/23--pgs.4, 5- Invoice - 1/80 Retainer - $833.33. )Approved. Sabal Palm - Model Sales Office - Discussion and possible(1/23-pg.4-1/25 action. gs.32,33)6 mos. xtension. Amendment to Burglar Alarm Ordinance - Temp.Ord. #724 -(1/23-pg.4-1/25 First Reading - Discussion and possible action. pg.33)App.lst Rdg. Barry Eden - Club Shopping Center (1/23-pg.5-1/25 pg.25,26)C.Atty author agree. Lift Station - Discussion and possible action. --pgs. ,w Purchase to be made on emer. basis. _ J y _ Pan, for retiring Chief . Contribution b City to Pension P1� of Police. Discussion and possible action. (1/25-pgs.34, 35)C.Mgr. autho. to pay from 2/15 to 6/30/80 not exceed $900 14 CITY OF TAMARAC, FLORIDA REGULAR CITY COUNCIL MEETING JANUARY 23, 1980 CALL TO ORDER: Mayor Falck called the meeting to order on Wednesday, January 23, 1980, at 9:30 A.M., in the Council Chambers. ROLL CALL: PRESENT: Mayor Walter W. Falck Councilman Irving M. Disraelly Councilman Harry Wiener Councilwoman Marjorie Kelch ABSENT & EXCUSED: Vice -Mayor Helen Massaro ALSO PRESENT: City Manager, Edward A. Gross City Attorney, Arthur M. Birken City Clerk, Marilyn Bertholf MEDITATION & PLEDGE OF ALLEGIANCE: Mayor Falck called for a Moment of Silent Meditation followed by the Pledge of Allegiance. Mayor Falck indicated that the vice -Mayor was absent due to illness, but would possibly be in attendance later in the day. He further stated that the meet-ing would be recessed to Friday, January 25, 1980, at 9:30 A.M. Mayor Falck noted that the Tamarac Utilities - West items would be heard prior to the scheduled items on the agenda. 1. Tamarac Utilities - west - Progress Report on operations. Discussion and possible action. SYNOPSIS OF ACTION: City Attorney and City Manager authorized to request well -field Location and hy- draulic study by Williams, Hatfield & Stoner; not exceeding particular amounts, and involving a time table. Mr. Birken reported on his meeting with the City Manager, City Engineer, Mayor Falck and Tamarac Utilities Manager, by stating that the moratorium should be lifted by the second meeting in February, if everything con- tinues to go well. He noted that there were a number of items to be handled, such as finalizing an interim large user agreement with Broward County. Until that time, he said, there was no place for the flow of excess sewerage. He also said that regulations would have to be put in final form, and initiate a final developers agreement, with adequate fi- nancing, and approval by the Health Department of the program which will be submitted to Council in the near future, as relates to improvements. Mr. Birken felt that the time table has been established; with the regu- lations and developers agreement having been put through the first draft. The second draft, he said, will be typed,after input from the City Engi- neer has been received, with another draft thereafter. He also stated that input was awaited from Mr. Nolan and the City Engineer, as to the interim agreement with the County. Thereafter, he said, a meeting will be scheduled with County staff, in order for it to be resolved. The City Attorney said that financing would involve $300,000 to $400,000 for the immediate improvements, with commitments to be obtained from developers, as to execution of developers agreements, in order to deter- mine the monies for a given period of time. He additionally stated that after the bonds are sold, the reimbursements could be made for the contri- bution charge, which could be used for other purposes. He further added that the developers agreement and regulation time table should be met, or someone from staff should be held accountable for this. The agreement with the County, he said, was based on negotiations, which he felt should be resolved quickly. Mr. Birken also noted that they were optimistic about financing, and would be held in abeyance. C/W Kelch inquired whether Mr. Birken was recommending the hiring of Mr. Nolan, as related to.the memo received by Council this day, for the research of well -fields and hydraulics for the system, to which the City Attorney concurred. Mr. Birken said that Council.has his memo dated 12/20/79, which was pre- viously discussed. He also stated that a large portion of the money would -l- 1/23/80 mr/ l A come from the people who contracted to take down the 8600 units, with a time table involved every three or four months, and $542.00 being paid to Marmon. The indications, he said, have been that they will pay at the same time the balance to the City, the difference between $542.00 and $900.00, for the necessary costs of improvements. He also said that addi- tional details would be required with Marmon, prior to the lifting of the moratorium. Mr. Birken added that there was a large portion of the $300,000 to $400,000 in.the developers agreement. Mr. Gross indicated that a short-term loan might be necessary, as payment, until the bonds are sold, but felt that there were sufficient monies available. Mr. Birken said there were questions on long-term commitments, which re- lated to financing; also, Council will be informed on questions that are clarified with Marmon. He also believed that the inter -connection did not have to take place before the moratorium has been lifted. Mr.Birken said that at the time of purchase there were approximately 1700 connec- tions in the system that are paid for, but were not used. Larry Keating, the City Engineer, advised that there was some additional capacity in the waste water plant at this time. lie further stated that this procedure with construction and designing of the force main inter- connection to the County, would take approximately six (6) months from the date of commencement, but the capacity would not be utilized during that period of time in the treatment plant. Thereafter, he said, the flow would start, to the County. He also said that the normal develop- ment rate would possibly invmlve 400 connections, as a maximum figure,in a period of six months. Mr. Birken said that guaranteed revenues would start almost immediately, with a minimum charge being paid per unit. He further felt that people who were planning to develop within five years, would not commit them- selves to a number of ERCs, which would require a monthly payment. Mr. Keating said that a small piping network was being done, which was not required.This would by-pass the County Pump Station behind the shop- ping center, because the Pump Station was not complete, he said, which was a normal part of the design,100% unnecessary, at a cost of $2,000 or $3,000. C/W Kelch inquired as to a temporary arrangement before the rainy season, to which Mr. Keating responded that May would be the earliest target date, for completion of construction, in order to accomplish the flow to the County. Roland Salsberry,Operations Manager for Tamarac Utilities, felt that the City Engineer covered all the aspects that were discussed at their meeting on Tuesday. He also said that procedures were being studied by the Engineers, for the available options on the connections, which will be determined once the final analysis is revealed. lie additionally added that the targets were realistic. C/M Disraelly MOVED that based on the input received, that the City Attorney and the City Manager be authorized to request Williams, Hatfield & Stoner to do a study concerning the well -field location, at a cost not to exceed $5,000; also a hydraulic study of the system, as discussed by the City Engineer, at a cost not to exceed $9,000; also requesting a time table for completion of the well -field study by March 10, 1980, and the hydraulic study by May 10, 1980. C/W Kelch SECONDED. Mr. Keating indicated that the Consultant estimated a 10 to 12 week period for the hydraulic analysis completion. Mayor Falck said that he assumed the items were included in the original Plan, at the time of the Utility purchase. But, he said, that due to the delay in the handling of the sale of the bonds, these studies had to be handled prior to such sale. The Mayor felt that a very high degree of priority was necessary for the items discussed this morning, in order for the facilities in the area of waste water and potable water, be increased to meet the obligation of lifting the moratorium. Ile suggested that an item by item listing be made available, with target dates, in order for Council to check the progress, and determine the proper schedule, and be assured that nothing has been overlooked. -2- 1/23/80 mr/ VOTE: ALL VOTED AYE. C/M Disraelly concurred wit4 the Mayor, and indicated that a report was received from the City Attorney relating to the projected dates for the handling of the bond issue, once validation has been approved. He said the growth of the City was impeded, as long as the moratorium is still in existence; which should he the number one -priority. Mr. Birken said that Council should realize the staff may not have time for other items of priority which may have to get done, and. was number one in his office, unless litigation was involved, which required imme- diate attention. Mr. Gross said that the City Engineer's office, City Attorney, and TU Operations Manager, will be spending full-time on this project for the next ten days, without accepting other work, until such completion. 2. Tamarac Utilities - West - Financial Report. Discussion and possible action. SYNOPSIS OF ACTION: Summary report to be submitted by Mr. Hoyt C/M Disraelly inquired as to Workman's Compensation in TU for $26,000, to which Mr. Gross replied that this area of employment was charged the highest rates, which was paid in a lump sum, once or twice per year. The City Manager also indicated that he has not viewed the memo submitted by C/M Disraelly. Mr. I3oyt said that he was not asked to participate in such a study, but his absolute direct observation was that a normal premium deposit is made in connection with an operation, and then audited at a later date, which adjusts the deposit premium. He said that the $26,000 would be the de- posit premium, that would be,adjusted later through an audit procedure. Upon the request of Mr. Gross, the Finance Director advised that a 10 week period of operation, from 12/31/79 to -date, was being coordinated for the possibility of presenting a complete budget adjustment, as to projected revenues and expenditures. Ile further stated that they were presently operating within the financial requirements of the company, with the established revenues and rates appearing to.be sufficient to cover the necessary expenditures and transfers to the funds, when the bonds are sold. He also said that ten weeks was a small measure in con- junction with this, but the additional study does indicate that they are financially sound at this point. Mayor Falck requested a synopsis of this report by Mr. Hoyt. as to in- come and budget, where the City is, and where they are going. Mr. Hoyt advised that he would assemble a summary report, because the Utility take-over detail has doubled; and reiterated that the study of the operating revenues and projected figures appear to be adequate, as of 12/31/79. He further added that his cover letter stated that the expenditures and encumberances as of 12/31/79, were below the estimated appropriations at this time, and appeared to be adequate. C/M Wiener inquired as to the plans for repayments, to which Mr. Gross responded that it did not involve the Utility company, but was the obli- gation of the City, and would be considered at the time that the bond issue is sold. Mr. Salsberry responded to C/W Kelch and Mr. Gross, by stating that there have been six new people hired in the Utility, with a certain amount of turn -over, and all the positions shown on the organization chart are viable. Some of the positions, he said, were not quite critical, but were attempting to be flexible with the personnel allocations at this time. Mr. Gross said that City personnel has been used in -this area, which was charged to them, with studies being made within the next 60 days, as to moving the City's Utility employees into a higher position at Tamarac Utilities. C/W Kelch requested clarification of this'report as to personnel, to which Mr. Gross replied that the Personnel Department would submit this. -3- 1/23/80 mr/ 3. Tamarac Utilities - West - Discussion and possible action to authorize the City Manager to advertise for bids for chemicals. SYNOPSIS OF ACTION: City Manager authorized to go out for bids for liquid chlorine and quick -lime. Mr. Gross said that the City is required by law, to go out for bids for those items that are over $2,000 in total cost during the year. He added that numerous items were involved in the Utility plant relating to this, with two major ones,namely, the quick -lime and the liquid chlorine. He further stated that specifications were being prepared by Mr. Salsberry and Mr. Thomson, and he was requesting permission to go out for bid. C/M Disraelly MOVED that the City Manager be authorized for the Purchasing Officer to prepare bids to go out for liquid chlorine and quick -lime, in- dicating a minimum potential usage, but not requiring the City to take beyond the minimum, but with permission to use up to the maximum, without a loss of gallonage between both. C/NI Wiener SECONDED. VOTE: ALL VOTED AYE. Mayor Falck reviewed the scheduled items on the agenda, indicating specific items to be presented at the recessed meeting on Friday, January 25, 1980. 45. Mitchell Ceasar - Grant Consultant - Activity Report and Invoice - 1/80 Retainer - $833.33. SYNOPSIS OF ACTION: AGENDIZED BY CONSENT (See pages 5 - 7) C/P4 Disraelly MOVED that the Activity Report and Invoice for Mitchell Ceasar, be AGENDIZED BY CONSENT, and C/M Wiener SECONDED. VOTE: C/W Kelch - Absent from dais C/M Wiener - Aye C/M Disraelly - Aye Mayor Falck - Aye 46. Sabal Palm - Model Sales Office - Discussion and possible action. SYNOPSIS OF ACTION: AGENDIZED BY CONSENT (See Minutes of 1/25/80) Tape C/M Disraelly MOVED to AGENDIZE BY CONSENT consideration of a temporary Side model sales office for Sabal Palm, because the present status will be #2 expiring, and C/M Wiener SECONDED. VOTE: C/M Wiener - Aye (C/W Kelch - Absent from dais) C/M Disraelly - Aye Mayor Falck - Aye LEGAL AFFAIRS 12. Tamarac Sho ing Plaza - Pending Litigation - re: Parking Area - Dis- cussion and possible action. SYNOPSIS OF ACTION: Tabled to the 2/13/80 meeting, at the request of the City Attorney. C/M Disraelly MOVED to table Item #12, at the request of the City Attorney, to the 2/13/80 meeting, and C/M Wiener SECONDED. VOTE: C/M Wiener -- Aye (C/W Kelch - Absent from dais) C/M Disraelly - Aye Mayor Falck - Aye 47. Amendment to Burglar Alarm -- _ance Temp. Ord. #724 - First Reading - _ m O_ Discussion and possible action. SYNOPSIS OF ACTION: AGENDIZED BY CONSENT (See Minutes of 1/25 80) Mr. Birken said that he distributed Temp. Ord. 1024, for first reading, which is an amendment to the Burglar Alarm Ordinance, and felt that it should be considered. -4- 1/23/80 mr/ � r � C/M Wiener MOVED to AGENDIZE BY CONSE14T the amendment to the Burglar Alarm Ordinance, for consideration at the recessed meeting of Friday, January 25, 1980. C/W Kelch SECONDED. VOTE: ALL VOTED AYE. Mayor Falck said that he received a request from Barry Eden, to make a statement to Council, at the recessed meeting of 1/25/80. 48. Barry Eden - Club Shopping Center SYNOPSIS OF ACTION: AGENDIZED BY CONSENT (See Minutes of 1/25/80) C/M Disraelly MOVED to AGENDIZE BY CONSENT a statement to he made by Barry Eden, and C/M Wiener SECONDED. VOTE: ALL VOTED AYE. PROCLAMATIONS 4. Freedom and Solidarity'Day - Presentation by Mayor Falck of a Proclama- tion Declaring January 26, 1980 as Freedom and Solidarity Day in Tamarac. SYNOPSIS OF ACTION: Proclamation read by Mayor Falck, which will be hand --delivered to WFTL. Mayor Falck read the Proclamation, and requested delivery to the proper individual. He advised that this program will commence at 12:00 Noon on Saturday, January 26, 1980, at the Ft. Lauderdale Yankee Stadium, until 4:00 P.M., and requested interested individuals to attend. 5. United Jewish Appeal -Presentation by Mayor Falck of a Proclamation Declaring February as United Jewish Appeal Month in Tamarac. SYNOPSIS OF ACTION: Proclamation read by Mayor Falck, and presented to various representatives. Mayor Falck read the Proclamation, and made the presentation to the following representatives; Mrs. Savitt, Mr. Blumenthal, Mr. Krantz, Pir. Weiner, Mr. Spewack, Mrs. Libros, and Mr. Gottlieb. PRESENTATIONS/AWARDS 6. Employee Service Awards - Five Year Pins - Presentation by the City Manager of 5-year pins to Bernard Simon, Chief - Fire Department, Ray Briant, Ass't. Chief - Fire Department, Peter Prior, Lt. - Fire Department, Gary O'Shea, Ptl. - Police Department, Val Jakolenko - Public Works. SYNOPSIS OF ACTION: Five -Year Pins presented by the City Manager to Lt. Peter Prior and Ass't. Chief Ray Briant; the three other pins would be presented at a later date. The City Manager indicated that the Tamarac Fire Department originated five years ago. He also felt that such recognition was of great impor- tance for the three men from this department. Mr. Gross called the two men who were in attendance, Ray Briant and Peter Prior; indicating that Chief Bernard Simon, Ptl. Gary .O'Shea, and Val Jakolenko, would be pre- sented their pins at a later meeting. Mayor Falck thanked Mr. Prior for his work as a fire-fighter, and also for his participation in serving on the Employee Pension Board. 45. Mitchell Ceasar - Grant Consultant - Activity Report and Invoice -- 1/80 Retainer - $M .33. SYNOPSIS OF ACTION: Oral report given - Monthly retainer approved. (See page 4) Mr. Ceasar reviewed the projects that will be applied for; also those -5- 1/23/80 mr/ � r � that are being investigated for future application. 1) Technical Assistance Program, which related to Juvenile.Justice needs, where a team of specialists would come into Tamarac, coordinating their work with the City Manager's office and Cpl. Harris of the Police Department. He additionally stated that workshops would be held, on -site training and the distribution of materials, for utilizing the existing resources. 2) Senior Community Service Employment, which provides assistance as City employees through the American Association of Retired Persons and other local community agencies. He stated that an ad is placed in the local newspapers, for persons 55 years of age or older, who live in the area, and were interested in working at the -City Hall. The cost of the employment, he said, would not be carried by the City of Tamarac, but by the Community Agency Program, but would require a listing of the jobs and descriptions. He also said that Workman's Compensation and insurance would be covered by the agency, but the maximum work --week would be 20 hours per week, and could be broken down. But, he said, that after a period of time, the City would attempt to hire them possibly six months or one year after initial employment. 3) Consideration of a Multi - Purpose Senior Citizen Center, which was discussed with Dr. Nan Hutchinson. This also related to a congregate meal site, which was similar to the one existing in Margate, or a smaller version. C/W Kelch indicated that the City was attempting to hold such a program a few years previous, but was not successful. She additionally stated that nothing has changed, after a committee endeavored to obtain the proper area for such a program. C/M Disraelly advised that a meal center was opened in the Plaza Del Sol, at the corner of 57th Street and 88th Avenue, for approximately one year, until the area was rented. Mr. Gross indicated that the Margate Center has been handling the food program for Tamarac at this time, but also stated that the 7-11 on Rt.441 and Commercial Boulevard was vacant, and could possibly be considered as a Center. Mr. Ceasar further noted that;4) an Organizational Project Grant, with grants up to $20,000, which involved fine arts. He inquired as to the contact he could make within the City, outside of the symphony, such as an art show. A six -week deadline was involved, he said. Mayor Falck recommended the George Morantz Theatre, and discussion with the Recreation Director, as to Senior Fairs. 5) Preliminary paper --work was submitted on the "701" Program, which was forwarded to Mr. Cross, and involved a two -third to one-third match, up to $20,000; 6) SSES Sewer Grant - priority decisions will be considered as of February 1st, 1980, with evaluation corrections for the three -stage project in the competition of the contingency funds. Ile said that the total grant was being applied for on the Cypress Creek Commons park. Mr. Cross advised that he received a letter Tuesdav from the representa- tives of DNR, which involved the Cypress Creek Commons application, as to acceptance, because it is an eligible project, with deliberations com- mencing within two weeks. Mr. Ceasar advised that additional follow-up was necessary on the Burn Center Feasibility Study; also a program that was discovered through the Department of HEW, for use of the schools during the summer, and after school hours, as a Community Citizen Center, which is funded by the De- partment of Education. Under Discretionary Funds for Bike Paths, he gave a report to Evan Cross, with review of the material, that will be followed within the next few weeks. He further stated that the Golf Course obtainment by the City was being pursued, after discussion with the Division of Recreation, Planning and Local Assistance, as to money being available for such purchase by a municipality. Mr. Gross advised that the Sabal Palm Golf Course was sold on Monday, January 21st, 1980, and the new owners will be presenting an involvement for the City, for purchase by the City, and then lease back the course. But, he stated, that there were many lawsuits involved, plus the other properties, that he would await a formal report. Mr. Gross also indicated there would be a change in management. -6- 1/23/80 mr/ Mr. Ceasar further noted that members of Council and Mr. Irving Epstein discussed the stacking of fish in the canals. Ile said there was a program that would stack fish in up to 20 acres of water, which involved ponds, but that canals were discretionary. Fie further stated there was the possibility of putting fish in the large body of water in the Caporella Park, but a guarantee of non -existing fish has to be made in the ponds. Mr. Gross advised that this was not a priority item, until the major ones have been accomplished. C/M Disraelly indicated that an invoice was presented by Mr. Ceasar, for his monthly retainer, and MOVED to approve such payment, and C/M Wiener SECONDED. VOTE: ALL VOTED AYE. C/M Disraelly further requested that the City Clerk include the monthly retainer for Mitchell Ceasar in the Consent Agenda items. 7. Alexander Grant & Co. - Audit Re ort - FY 1978/79 - Tem Resa. ;#1491 - Discussion and possible action to approve and accept this report of the City's financial records. ;YNOPSIS OF ACTION: Adopted RESOLUTION NO.R �ld _PASSED. Burton Emmer and Ralph Sanchez reviewed the Financial Statements and Auditors' Report,plus the Report on Internal Control. The City employees were thanked for their long and arduous working hours, in order to permit the completion of this audit. Mr. Sanchez indicated that on page 5, under General Assets, the Invested Cash was raised approximately $1,000,000 from 1978 to 1979. This was ba- sically generated because of the excess of revenues over expenditures during the year, and was noted on page 6, in the amount of $1,300,000. He further noted an increase in the item of Due from other City Funds, from 1978 to 1979, by approximately $150,000 to $350,000, which was at- tributed to expenses incurred by the General Fund, on behalf of the CETA and Federal Revenue Sharing Funds. Mr. Emmer advised that the Fund Balance was the surplus or the excess of assets over liabilities, which is divided between appropriated and unap- propriated, and considered to be revenue in the 1979/80 budget. FIe fur- ther noted that Section 7.03 states that the unappropriated surplus should 'ape not exceed 2 months net operating expenses; and .was approximately 1/6 of ride the gross expenditures for fiscal 1980. Ile also stated that the current 3 unappropriated surplus was in excess of this figure, which was due to the amounts obtained from the Leadership Housing settlements, plus other favorable results, such as lower expenditures and higher revenues in the year 1979. Mr. Gross indicated that Item ;#27, the second reading of a Budget Adjust- ment, would allow for $1,200,000 additional monies in the budget for the coming fiscal year. C/M Disraelly felt that the record should reflect that the Leadership Housing funds, plus others, came into the City during that period of time when there was no ability to adjust the budget, for reduction within its proper Charter provision. Mr. Emmer confirmed the fact that the problem was difficult, because the budget cycle is being prepared in June and July, with approval in August and September. He stated that an estimated figure has to be es- tablished for September 30th, and requires additional adjustment based on the audit;alsv.involving fluctuation of the numbers. Mr. Sanchez related to page 6, Franchise fees decrease from 1978 to 1979, as to Tamarac Utilities, due to the request by the Public Service Commis- sion of a refund for the prior year,.of water and sewer charges. He added that the "windfall" from Leadership Housing,(Note B)in amount of $402,603, was detailed from pages 37 through 39. He said that under Expen- ditures and Encumbrances, there was a major increase in the Police Depart- ment salaries, consisting of $175,000 during the year; with operational services being increased from $2,487,001 in 1978, to $2,785,848 in 1979. -7-- 1/23/80 mr/ Mayor Falck felt that in many areas there was under -budgeting, to which Mr. Gross responded that many departments were requested to holdback on hiring and purchasing last August, in order to avoid finance problems. He additionally stated that an attempt was made each year to remain under the budget. C/M Disraelly also indicated that the problem was in the revenue area, where it was under -projected against the prior year's receipts, such as licenses, fines, permits were increased, and interest was definitely under -projected. Mr. Sanchez referred to pages 12 and 13, Capital Project Funds Balance Sheets, as to the Capital Construction Drainage Fund and Drainage Improve- ment Fund, which were generated from monies received in the Leadership Agreement. Mr. Emmer indicated there were Balance Sheets on the Debt Service Fund, in connection with the $630,000 General Obligation Bond Issue; with a compliance letter as to the terms of the Bond Indenture, and the Debt Service .is adequately funded. He noted..that on page 17, under Statements of General Long -Term Debt, and excludes debt of the utility, and involves only the debt of the City, which includes the G.Q. Bonds, Equipment Instal- lation Loan, pertaining to fire equipment and its construction. Mr. Sanchez discussed page 23, Utility Systems Fund - Statements of Earnings, indicating profits being generated in 1978 and 1979, plus the depreciation expense, which involved Tamarac Utilities East. Mr. Gross advised that the utility rate was lowered; also that substan- tial monies were to be used from the reserve funds, for moving of pipes, at that point in time when the building of Prospect Road occurs. Mr. Emmer indicated that commencing with page 26, were the Notes to Financial Statements, which was narrative information, and other numbers not included in the basic Financial Statements, with descriptions of the various City funds and its purpose; also Leadership Housing transac- tions, which are detailed; and information relating to the City's debt. He further stated that schedules were included, debts on the General Obligation Bond, in order to be aware of future principal and interest requirements, plus a Schedule of Insurance Coverage. Mr. Emmer discussed the Report on Internal Control, which involved the Accountant's Report Letter, with a statement indicating that the study and evaluation of internal control discloses no conditions that they believe to be material weaknesses. He also noted a second letter which reports on Compliance with the Bond Indenture. It was indicated by Mr. Emmer,under Item I - Current Year Recommendations on page 5, -A- Interim Service Fees, did require interpretation by the City Attorney for determination. Mr. Hoyt stated that the City Attorney's opinion was to charge Interim Service Fees on Certificates of Occupancy, as designated by the ordinance. Also, -B - Maintenance of Subsidiary Ledgers, he noted that considerable personnel changes in the Finance Department during this past year has created this situation, which also involved -C- Investment Schedules. Mr. Hoyt said that D - Lot Clearing Revenues, was instituted during the past year, and he suggested that it be included into the revenue section. It is presently incorporated in the 1979/80 budget, as revenue, he said, with the procedural requirement being accomplished, along with E - Federal Revenue Sharin Ex enditures. Mr. Emmer stated that in category F - Journal Entries required improvement in accounting efficiency, to permit work reduction; which involved revenue with a duplicate process occurring. He discussed G - Payroll Procedures, wherein it was noted that under a sick leave plan absences or injury ab- sence are not to be considered wages for computation under FICA and FUTA, and did require modification. Mr. Hoyt advised that two purchase orders were issued; one for the exclu- sion of sick -leave pay from FICA, which Burroughs was preparing, and an outside programmer was hired, as related to the overlay program, so that additional journal entries, after each payroll, will be automatically -8- 1/23/80 mr/ posted to the general ledger. Mr. Emmer felt that in category li - Data Processing should be incorporated into a new system, because of the heavy information handling at TUI entity C/M Disraelly inquired as to the size of the computer for handling TUI billings, if the City was to handle this function themselves, to which Mr. Gross responded that the auditors were requested to investigate this; as well as determining that other nearby cities do have IBM, NCR 8250, with another city having purchased the Burroughs 8800. Mayor Falck discussed a recommendation, as related to FICA, that was made last year, for Council's consideration of social security payments to employees. He did state that action was not taken on this. Mr. Emmer advised that people were doing this, and it involved a savings to the City, but did entail a loss to the Social Security Trust. Ile further noted that legislation has been initiated in Congress, to close that provision of the FICA Act. Mayor Falck added that a fight was going on, which was originated by municipalities, as to not paying the social security, and involved a 6 or 7% savings. Mr. Emmer advised that $75 would be saved for an individual grossing $10,000 per year in wages; and the individual would only save a small amount of monies. He felt that it did require serious thought, and said that it involved both disadvantages and advantages. Mayor Falck said that he directed a memo to Council, which was in the process of being transcribed, and would indicate his recommendation for the savings of 6 or 796 for the City. Ile additionally stated that the sum of $460,000 per year was being paid for social security taxes, with $230,000 being the City's portion, and the balance being contributed by the employees. Mr. Emmer advised that percentage and base has been on the rise, but would be a small impact potentially on the retirement benefits of the employee, which should be carefully evaluated. Mr. Gross felt that due to the union contracts, discussion of this would require consideration. C/W Kelch felt that the negative aspects of this item would discourage Tape her completely, because of the attitude on the part of the employees, Side which related to the memo received from the City Attorney. #4 Mayor Falck confirmed the fact that Mr. Birken's memo was not inter- preted as advocating the City's withdrawal from social security, to which C/W Kelch said that it was to the contrary. Mr. Hoyt said that there was a transition of personnel in the Finance Department, and an attempt was made for physical inventory, in order to bring the records up--to-date. lie further stated that additional person- nel would be requested from Council in this department, in order to maintain the records on a current basis, due to the overall expansion of Utility - West, and a continued on -going situation of this operation. Mr. Emmer advised that category K - Other involved a housekeeping item, due to changes in governmental accounting requirements that are affected with the 1980 fiscal year. He felt that resolutions could be indicated, that were adopted by other municipal clients. Mayor Falck recommended this be given to the City Manager, and then coordinated with the City Attorney. The Mayor said that Council will expect a report on recommendations, with a progress status, from the auditors, on their report --back in April. Ile further stated that the City Manager and Finance Director could evaluate the recommendations made, and advise Council of determinations. The City Manager read Temp. Reso. #1491, and C/M Disraelly MOVED that it be adopted, based on the report submitted, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. Q'M 1/23/80 mr/ 8. Consent Agenda a) Minutes of 12/28/79 - Special Meeting - Approval recommended by City Clerk. b) Minutes of 1/3/80 - Reconvened Regular Meeting - Approval recom- mended by City Clerk. c) Minutes of 1/9/80 - Regular Meeting - Approval recommended by City Clerk. d) Minutes of 1/9/80 - Regular Meeting - Evening - Approval recommended by City Clerk. e) Minutes of 1/10/80 - Reconvened Regular Meeting - Approval recommended by City Clerk. f) Minutes of 1/17/80 - Special Meeting - Approval recommended by City Clerk. g) Alan F. Ruf - Consulting Attorney - 1/18/80 - $680.00 - Approval recommended by City Attorney. h) Alexander Grant & Co. - Auditor - 11/26/79 - $5,000.00 - Audit 1978/79 - Acct. #1-177-513-320 - Approval recommended by City Manager. i) Alexander Grant & Co. - Auditor - 11/26/79 -- $500.00 - Audit 1978/79 - Utility East - Acct. #419--301--536-320 - Approval recommended by City Manager. j) Alexander Grant & Co. - Auditor - 12/19/79 - $3000.00 - Audit 1978/79 Acc't. #1--177-513-320 - Approval recommended by City Manager.(corrected k) Alexander Grant & Co. -- Auditor - 11/26/79 - $600.00 - Tamarac Utilities - West Books - Acct. #425-366-533-320 and #425--370-535-320 - Approval recommended by City Manager. 1) Williams, Hatfield & Stoner - Consulting Engineer - 1/7/80 - $100.00 retainer - Acct. #1-155-515-310 - Approval recommended by City Engineer. m) Williams, Hatfield & Stoner - Consulting Engineer - 10/3/79 - $388.50, 1/7/80 - $486.50, 1/8/80 - $575.75 - total $1,450.75 - Acct. #1-106- 514-310 - Approval recommended by City Engineer. n) Lorne W. Hunsberger - Consulting C.P.A. - 11/30/79 - $300.00 - Acct. #425--366-533-310 and #425-370-535-310 - Approval recommended by City Manager. o) Mitchell Ceasar - Grants Consultant - 12/26/79 - $62.93 - expenses - Acct. #1-110-512-402 - Approval recommended by City Manager. p) Mid -South Engineering - Traffic Circulation Study - 12/4/79 - $2,250.00 -- Acct. #1-108-515-310 - Approval recommended by City Planner. q) Mid --South Engineering - Housing Element -- 1/7/80 - $1,500.00 - Acct. #1-108-515--310 - Approval recommended by City Planner. SYNOPSIS OF ACTION: a) through q) Approved; b), c) and e), as amended; Auditor to submit separate invoices, re: h) and i), and correction to j), should read City Manager, and not City Clerk. C/M Disraelly requested that Items h) and i), Alexander Grant bills be submitted under separate invoices, to which Mr. Emmer concurred. He then MOVED for approval of the Consent Agenda, with Items b), c) and e) to indicate, as amended, and C/W Kelch SECONDED. Mayor Falck indicated that Items p) and q), Mid -South Engineering, have been distributed to Council; bUt the City Manager noted that a report would be submitted for clarification of handling, and for comments by the City Council. Mr. Gross said the bills involved traffic circulation and 50% of the cost, with 50% of the manpower; also the housing element included approximately 40%. VOTE: ALL VOTED AYE. MEETING WAS RECESSED TO 1:30 P.M., FOR LUNCH. MEETING WAS CALLED TO ORDER, ROLL CALL TAKEN, AND ALL PRESENT. LEGAL AFFAIRS 16. New Sign Ordinance - Temp. Ord. #670 - Discussion and possible action to adopt this ordinance on Second Reading. (Public Hearing was held on 12/19/79). SYNOPSIS OF ACTION: Tabled with changes. nXilm 1/23/80 mr/ J The City Attorney reread Temp. Ord. #670, by title only. C/M Disraelly discussed the Workshop that was held on the Sign Ordi- nance, and noted that after review with Ray Baade, the Chairman of the Beautification Committee, the following changes were recommended: Page 3, line 10 - "located on the premises" to be added at the end of the sentence. Page 10, line ^19 - "shall be October lst of each year" etc. Page 11, line 4 - Information to be deleted, and the word "Directional" to replace it;� also, line 6, Paper to be stricken,'to read;"Window signs of paper and/or fabric" on the interior surface, etc.; line 30, typographical error on the word "describes". Ray Baade and Bill Sutter, of Sutter -Ace Hardware, discussed the coverage of the window signs, and special items which his company did have to advertise on occasion, with a request to provide that such signs do not cover in excess of 50%, rather than 25% of the glass area. Council did concur, with additional changes to page 11, line 8, by deleting 25%, and replacing it with"50%". Also, line 7 should include the verbiage "interior or exterior" surface. Page 13, line 24 - should be changed from 60 inches to"72 inches" in height; line 26 - additional language to be added - "Location sketch must accompany application". Page 15, line 29 - Size not to exceed "six (6) square feet", rather t an four. Page 17, line 9 - the word and should be deleted at the end of the line, as it was included in error; line 22 - the following verbiage to be added, "Vacant land "for sale" shall be permitted one sign not to exceed thirty-two (32) square feet." Solly Goldberg, Chamber of Commerce, felt that a real estate agent or the seller should pay for a sign, to which the City Council did not concur. C/M Disraelly recommended that page 17, line 11 should read "no permit is required in R-districts", to which the City Attorney suggested that he be given the opportunity to research this area, before approval has been made. Ben Eigner, Chief Building Official, advised that the City of Lauderdale Lakes does charge for real estate signs, and indicated that in the year 1977 Judge Galkin handed down an order, because partiality could not be shown. Tape Pa e 18, line 2 - should read: "Pay be displayed only during and up Side to seven (7) days prior to a special event to which it relates. #5 Must be removed within seventy-two (72) hours after the event." line 10 - after thirty (30) days prior to, the following should be added "and seven (7) days after a" recognized holiday. Also, that paragraph #4, beginning with line 13, should be stricken, and replaced with the following verbiage; "Special events shall be limited to two (2) per year for any shopping complex". Len Feldman, representing the Board of Directors orf Tamarac Chamber of Commerce, inquired as to an individual businessman displaying something special twice a year, to which C/M Disraelly responded that if there were 20 stores in a complex, there would be store decorations on an all - year basis. He felt that a parking lot should not be cluttered, but at the same time, should not preclude a business from running a sale. Dill Sutter explained that a free-standing business was not similar to a shopping complex that would operate as a group. Page 25, line 78 - under SUCTION X - NON --CONFORMING SIGNS, should state "Within ten (10) years of the date of adoption of this ordinance or" written notice, etc. Pace 26, line 1 - after the word remain, insert the words "for a maxi- mum of ten (10) years or" until such, etc; line 4, after the word -11- 1/23/80 mr/ 171 sign, insert "whichever comes first." Page 29, line 2 - Mr. Gross presented an additional sentence to this,paragraph, as recommended by the.City Attorney. "All fees established by resolution, under authority of prior ordinances, are hereby ratified and are not repealed by the enactment of this ordinance." Mr. Ross of McNeil Signs felt that someone would be burdened for repair or replacement of signs, such as a new retailer; page 26, line 5. Mr. Sutter recommended that it should be 50% of the cost of replacing the sign, rather than the cost of the original sign. Mr. Baade clarified the paragraph which would allow an amortization period for non -conforming signs; this concerned the signs that were grandfathered-in. He further stated that a 10 year period for repair or replacement, or at such time that the cost was more than 500 of the original amount. C/M Disraelly stated that if part of a sign panel was destroyed, it might not be the value of the sign, or the original cost, but could be 50% destruction; namely, Lindsley Lumber sign. He additionally felt that after his meeting a few days previous, that everything was covered outside of a discussion relating to logos and individualism of block and script lettering. Mayor Falck felt that a Workshop should be held, to which C/M Disraelly did not agree. It was his suggestion to table this item until input has been given, in writing, as to logos and script, to which Mayor Falck concurred. Len Feldman indicated that the Chamber of Commerce recommended that a business individual should have the right to put his logo, or his own individualism into his own sign, as long as he conforms to the size and letter of the sign, but not be restricted to a logo, script or block lettering. C/M Disraelly MOVED to TABLE, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. TEN MINUTE RECESS CALLED...... PUBLIC HEARINGS 25. Rezoning Notices - Temp,__Ord. #707 - Amending Code Section 28-25 by requiring notice of rezoning be posted in a conspicuous place on property by property owner or applicant. Discussion and possible action. Second Reading. SYNOPSIS OF ACTION: Approved, as amended, on ORDINANCE NO.O- © e2 PASSED. 2nd and final Reading. The City Attorney read Temp. Ord. #707. Mayor Falck opened the discussion to the public, and closed it because there were no public comments received. C/M Disraelly said that he opposed the ordinance, because the burden was being placed on the property owner for the posting of a sign, which would require that he come to the City Hall, and obtain a 3' X 3' foot square, on a post, and display it on his property. Then, he said, it would be necessary to.return to the City, and certify the display, for the Planning Commission hearing. Thereafter, he said, the sign will be returned to the City, for re -lettering, in order to conform to the hearing before the City Council; with additional certification that the sign has been displayed and posted. He felt that due to the gasoline shortage, and an available vehicle for the handling of this sign, would involve unnecessary cost on the property owner. C/M Disraelly also stated that the owner would be responsible for the posting of the sign 15 days prior to the public hearing; and, in turn, felt that the ordi- nance was not well -written at this time. V/M Massaro said that the responsibility should be with the applicant, and did not concur with C/M Disraelly. orz 1/23/80 mr/ C/W Kelch concurred with the Vice -Mayor, and felt that a property owner requesting a rezoning, should consider all aspects, and be fully responsible for something that would be to his benefit. C/M Wiener felt that the public should be made aware of contemplated changes, with sufficient posting notice. C/M Disraelly did not oppose the posting, but said that a new sign would have to be built, because the present sign was 27" X 27" inches, and the present ordinance is requiring a 3' X 3' foot sign. Ile also requested input as to who does the posting and printing, and the inser- tion of time, along with its preparation. V/M Massaro felt that it should be so indicated for the sign to be not less than 27" X 27" inches,, to which Evan Cross, the City Planner, replied that there were three signs, and at the present time, they were all being used. He further stated that additional signs were required to be made, and the size was immaterial. V/M Massaro felt that a sign 36" X 36" inches was apropos, and would be more feasible to be left in this manner, with appropriate dates being inserted by the City. She indicated that upon application to rezone the property, and the payment of a $50.00 deposit, the City Tape will prepare the sign for the applicant. Side #6 Mr. Birken suggested that the last sentence to be added to SECTIONS 1 & 2 should read; "The copy on the sign will be prepared by the City". V/M Massaro MOVED that Temp. Ord. #707 be approved on second and final reading, as amended this day, and C/M Wiener SECONDED. In response to C/M Disraelly's question of lettering being washed or wiped off the sign, the Vice -Mayor stated that it would be handled administratively by Mr. Gross, as to its use. VOTE: C/W Kelch - Aye C/M Wiener - Aye C/M Disraelly - Nay V/M Massaro - Aye Mayor Falck - Aye 26. Onsite Drainage Requirements - Temp. Ord. #713 - Amending 0--79--47 to permit cash in lieu of retention area. Discussion and possible action. Second Reading. SYNOPSIS OF ACTION: Approved, as amended, ORDINANCE NO.O- 0 -a6 PASSED. on 2nd and final Reading. The City Attorney read Temp. Ord. #713, and indicated an amendment on page 1, line 34, with the insertion of the word, "only", with the second being line 35, after the word purposes, to add the language, "after payments". He read the sentence into the record: "This money would be used only for drainage retention or for other related drainage purposes after payments for the first 3.2 acres which shall be used for park and recreational purposes. All money collected for equivalent drainage retention after payment is received for the first 3.2 acres 'shall be kept separate and apart from all other City funds until such time as all or a portion of the funds are to be expended." V/M Massaro recommended that verbiage should be inserted after drainage retention or"upgrading or augmentation of the systems or" for any other related drainage purposes after payments for the first 3.2 acres, etc. Council concurred that the sentence beginning with "All money collected" etc., should be put into a new paragraph. Mayor Falck opened the discussion to the public, and closed it because there were no public comments received. V/M Massaro MOVED that Temp. Ord. #713 be approved on second and final reading, as amended, and the Building, Finance and Engineering Depart- ments be so notified, and C/M Wiener SECONDED. VOTE: ALL VOTED AYE. -13- 1/23/80 mr/ V/M Massaro inquired about accepting the money, as related to Onsite Drainage Requirements, to which Mr. Birken replied that once the fee has been established,it can be submitted, but could be handled on a first come - first serve basis. The City Attorney indicated that the resolution establishing the fee is Item #28 on the agenda, and would be considered this day. V/M Massaro said that letters she received pertaining to these fees would be given to the City Manager, because it was determined to be an administrative function. 27. Bud et Adjustment - Temp. Ord. #722 - Discussion and possible action to adopt a budget adjustment to the General Fund Budget - FY 1979/80. Second Reading. R SYNOPSIS OF ACTION: Tabled to 1/25/80 recessed meeting. The City Attorney read Temp. Ord. #722, by title only. C/M Disraelly indicated that the sum reflected on page 1, line 21, should be corrected to $6,903,340.00. Mayor Falck opened the discussion to the public, -and closed it because there were no public comments received. Mr. Gross indicated that page 1, line 26, has a blank space for the January date; for the adoption of the amended line item in the budget. He noted that Mr. Hoyt has not completed the re --working of the entire budget, but the total figure will not change, and should be completed within one week. Mayor Falck felt that it should be adopted based on the total figure, and the City Manager's office supply Council with a copy of the detailed breakdown. C/M Disraelly suggested that the attached Exhibit "A" be indicated as 1/23/80, for which the budget detail will be prepared, for a tie-in of the present figures, and those to be submitted. Mr. Birken recommended that the item be presented again on Friday, January 25, 1980. V/M Massaro MOVED that this item be tabled to Friday, 1/25/80, anti- cipating that the line items will be presented, or the City Attorney will submit the proper language to accomplish this, and C/W Kelch SECONDED. Mr. Birken said that he would give Council his input prior to Friday, and action could be taken. VOTE: ALL VOTED AYE. COMMUNITY DEVELOPMENT 28. Drainage ROt6ntion_- Fees - Tem..Reso. #F1496 - Discussion and possible action to adopt a per acre cash fee in lieu of the equivalent retention area. SYNOPSIS OF ACTION: Approved RESOLUTION NO.R-f<O-15 PASSED. The City Attorney read Temp. Reso. #1496. C/M Disraelly said that $35,000 per acre was the same figure used for other purposes throughout the City, and MOVED for the adoption of Temp. Reso..#1496', and C/M Wiener SECONDED. VOTE: ALL VOTED AYE. 29. Heftler Homes - Revised Site Plan - Discussion and possibleaction on request for perimeter wall on N.W. 81st Street and N.W. 88th Avenue. ;YNOPSIS OF ACTION: Approved with conditions. -14- 1/23/80 mr/ Mr. Clyde Taylor, of Heftler homes, advised that revised plans were submitted a few weeks previous, upon the request of Larry I:eating, the City Engineer, which he approved. He indicated that the wall would be cut down to three (3) feet, at the intersection, for additional visi- bility. C/M Disraelly inquired as to the 35 foot detail B Section ranging from 2 to 3 1/2 feet, with the 95 foot section being 6 feet high; also the same will apply on the A detail, up to the 70 foot section. IIe said there was a question of changing the opening from 4 foot- 4 inches, to 8 foot- 8 inches, at the indicated locations, in order to permit entry by the Jet Vac. V/M Massaro indicated that the City Engineer was satisfied, and unless Council objected, she would MOVE for approval, and C/W Kelch SECONDED. Harold Newman, President of Westwood 23, said that he did not object to the perimeter wall, and was pleased with the visibility at the cor- ners of 88th Avenue and 81st Street. Ile was concerned with the appear- ance or aesthetic value of this wall on 81st Street, and noted that he was part of a committee for one year, which involved Tract 22, imme- diately opposite Heftler Homes, wherein an agreement was made with Mr. Bishop, the developer, to have a buffer zone erected, eliminating an entrance into a proposed shopping center. Additionally, he said, a 100 foot buffer zone was erected, off the canal, which consisted of shrubs and trees. Mr. Newman said the same treatment would be given on 81st Street, when the Tract 22 shopping center is developed. He further noted that his community was concerned about the appearance of the wall on the south side of 81st Street. Mr. Newman responded to a question by the Vice -Mayor, that the set -back on 81st Street would be 70 or 75 feet. V/M Massaro WITHDREW HER MOTION, and C/W Kelch WITHDREW HER SECOND, because of the question involved of the wall being on the property line. Clyde Taylor said that the utility easement was inside the wall, and was the reason for the 8 foot-8inch openings at certain intervals, if it was necessary for maintenance to be performed. All the other openings, he said, would be 4 foot-4inches. He indicated that the easement area was not his, but would belong to the new owner of the lots. In response to a question by C/M Disraelly, it was stated by Mr.Taylor that his property line was Within the telephone pole area. He said the responsibility of landscaping would end at the wall, because it would be on the lot -line. The easement, he stated, would be inside the wall, as proposed. Tape C/M Disraelly inquired whether there were any objections to the wall Side on 88th Avenue, to which Mr. Newman replied that his community would #7 not object. V/M Massaro inquired as to a Beautification Plan for the area, in order to provide adequate trees on 88th Avenue, within the wall, and recom- mended that the plan be reviewed as to requirements of beautification. Mr. Taylor indicated that he was planning to beautify with trees, or whatever the ordinance requires. V/M Massaro reviewed the areas and quantity of trees to be placed in various lots, the heights of the wall areas, and submission of the revised site plans for revision of such walls. C/M Disraelly MOVED that three (3) trees be put on Lots 5, 7, 8, 9, 10, 11, 12, 13, 14 and 15, adjacent to the perimeter wall; six (6) trees to be placed on Lot 4; Lot 3 to have three (3).trees on 88th Avenue, with four (4) trees on 81st Street, to be ten (10) feet in height, with two (2) inch.trunk to be measured at five (5) feet, after planting; a wall to be permitted as detailed on the Revised Site Plan of 9/14/79, with the change of the pre-fab panels to eight (8) feet - eight (8) inches, with the design as approved by the City Engineer of heights as detailed in drawing 78-12-004 of 12/7/79.:. The wall is not to be higher than six (6) feet at -any point; also, -15-- 1/23/80 mr/ where the wall at Lot 3 turns northwest, from that point, it is not to be higher than three (3) feet, and on 81st Street it will not exceed three (3) feet. The Site Plan, as previously approved, MF #67-77, is hereby revised so the wall does not extend westward beyond Lot 3 of Block 1. Applicant to submit Revised Site Plans, showing revisions with wall, and no further application is to be.submitted for additional walls on 81st Street beyond Lot 3, Block 1. C/M Wiener SECONDED THE MOTION. VOTE: ALL VOTED AYE. A 30. University Community Medical Plaza - Bond Release - Temp._Reso. #1459 - Dis - - cussion and possible action to release a subdivision improvement bond with submission of a one-year warranty bond. SYNOPSIS OF ACTION: Adopted RESOLUTION NO.R- © - 9 PASSED. The City Attorney read Temp. Reso. #1459, and V/P7 Massaro. MOVED for its approval, with submittal of the maintenance bond, and C/W Kelch SECONDED. VOTE: C/W Kelch - Aye C/M Wiener - Aye C/M Disraelly - Absent from dais V/M Massaro - Aye Mayor Falck - Aye. 31. Riverside Chapel - Proposed Construction - Commercial Boulevard - Tem . Reso. #1500 - Discussion and possible action to extend this special exception and conditions imposed by Resolution #R-79-16. SYNOPSIS OF ACTION: Approved with extension RESOLUTION NO.R- O--16 PASSED. for six months. The City Attorney read Temp. Reso. #1500. Greg Darby, of.Darby & Way, represented the project. V/M Massaro indicated that action was required, due to the expiration date of the waiver occurring on Thursday, January 24, 1980. She then MOVED that.the time be extended for six.(6) months, and C/M Disraelly SECONDED. VOTE: ALL VOTED AYE. V/M Massaro advised that Mr. Darby was prepared to present a check for the retention areas, which was based on $35,000 per acre, as determined by the City Engineer. Mr. Darby said that it was calculated on the storage area for the site, with the total area being 1.58 acres, and would be 5%, in the amount of $2,765.00. V/M Massaro requested that the check be presented to the City Clerk, with notification to the proper departments. 32. Commercial Boulevard Lands - Discussion and possible action on: a) Site Plan b) Plat - TemR. Reso. #1497. c) Approval of Developers Agreement by motion. (located adjacent to Peninsula Federal Savings & Loan Ass'n.) SYNOPSIS OF ACTION: City Attorney instructed to prepare a new agreement, which would afford ade- quate protection for the City; for the 1/25/80 meeting. a) Mr. Birken advised that the moratorium on water and sewer is still in effect, and the action generally taken has been for approval up to the final site plan. He said that the agreement which has been submitted indicates that the applicant would like the City to issue a development permit, which could include the plat. But, he said, Council would not grant approval of the final site plan, until the -16- 1/23/80 mr/ Development Review Requirements have been satisfied, which involves water and sewer. Mr. Birken said this was conveyed to the applicant on Monday, January 21, 1980. Ile further stated that the City Council has permitted certain property owners to develop to the point of putting in the lines, under the ground, during the effectiveness of the moratorium. He added, as the agreement is presently sub- mitted and signed, the applicant would not expect final site plan approval. V/M Massaro felt that the developers should be permitted to move forward, because benefits are achieved for the developers and the City, as the end to the moratorium is inevitable. C/M Disraelly said that he concurred with the Vice -Mayor, as it would take six months to one year for construction. He said if the water and sewer lines are installed, and it is not available, then their C.O. cannot be obtained. But,an agreement could be signed with the City, as to vested rights, he said. Mr. Birken suggested that Council instruct him to prepare an agree- ment, which is stronger than the current form, and could be ready for the recessed meeting of January 25, 1980. V/M Massaro MOVED that the City Attorney be instructed to prepare the agreement to cover everything that will give the City adequate protection, which will be presented at the recessed meeting on Friday, January 25,-1980. C/M Wiener SECONDED. VOTE: ALL VOTED AYE. LEGAL AFFAIRS 9.. Commercial Garden Mall - Stipulation - Tem Reso. #1492 - Report by City Attorney. Discussion and possible action. SYNOPSIS OF ACTION: Approved, with changes. RESOLUTION NO.R- & & _PASSED. Mr. Birken distributed signed copies of the Stipulation, and reviewed the changes; which has attachments of Exhibit "A"; namely a letter from Mr. Carnahan, and plans that were approved by the City Engineer for drainage. He indicated their approval of instituting additional drainage in the Mall. V/M Massaro stated that tor. Keating was not satisfied, and the appli- cant did agree to extend the drainage,to the satisfaction of the City Engineer. Michael Gora, of the law firm of Wolf & Gora, said that Arthur Wolf signed the Stipulation, and requested that he appear. Mr. Gora said that:Mr. Morris, a prior City Engineer, executed a fee statement, dated 9/20/78, which total fee was $7,099.02, with the drainage portion being increased.. V/M Massaro stated there was a change in the fee schedule on engineering,: on the date indicated by Mr. Gora, to the present date. The additional drainage that will be put in, should be based on the same fee or rate, she said. She confirmed the fact that they will be willing to pay the increased cost on the drainage. The Vice -Mayor further added that the sewer fee would be established at the time, in accordance with the present rates. Tape Mr. Birken recommended the following; 1) City issues building permits; Side 2) All fees and charges of the City, including those fees and charges #8 for the utility service be paid; 3) City to be absolved of all respon- sibility in mistakenly issuing permits and for continuation of the moratorium, even if moratorium continues past completion date of Mall; 4) Construction will be at the sole risk of the Plaintiffs who can build to the point of Certificates of Occupancy_, but will agree that no Certificates of Occupancy will be or can be issued while the mora- torium is in effect. The City Attorney read Temp. Reso. #1492, and C/M Disraelly MOVED for its approval, and V/M Massaro SECONDED. -17- 1/23/80 mr/ VOTE: ALL VOTED AYE. Mayor Falck said that in order to clear the record, a motion will be neces- sary for Item #17, Sign Permit Fees, because the Sign Ordinance was tabled. LEGAL AFFAIRS 17. Sign Permit Fees - Temp. Reso. #1489 - Discussion and possible action to adopt fees for installation of signs. . SYNOPSIS OF ACTION: Tabled C/M Disraelly MOVED.to table Item #17, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. s 10. Fairways - Buildings C & D - Discussion and possible action to rescind 11/14/79 action directing the City Attorney to write the developer re- quiring certain corrective work be done. SYNOPSIS OF ACTION: Previous instructions to City Attorney removed - Engineering Department to inspect completed work. V/M Massaro said that Council requested the City Attorney to prepare a final list on corrective drainage items in Buildings C and D. She added that since then, the property owners have started the corrective work, but felt that a heavy rainstorm would determine its effectiveness. She MOVED that the.requirement for the City Attorney to make this list be removed, and await a proper inspection by the Engineering Department. C/M Disraelly SECONDED the motion. VOTE: ALL VOTED AYE. 13. B.E.T.A. Contract - Police Community Service Aides - 10/1/79 - 9/30/80 Tem . Reso. #1493. Discussion and possible action to authorize City Officials to execute this contract. SYNOPSIS OF ACTION: Approved through 9/30/80. RESOLUTION NO.R- k 0-Zo, PASSED. The City Attorney read Temp. Reso. #1493. Mr. Gross said that the new contract requires training, which was not stated previously. Ile said it involved five positions only, which are presently authorized, and will be paid through the contract. C/M Disraelly MOVED for the adoption.of Temp. Reso. #1493, and V/M Massaro SECONDED. VOTE: ALL VOTED AYE. 14. Bailey Road Volunteer Fire Department #1494 - Discussion and possible Waction execute this agreement. SYNOPSIS OF ACTION: Approved, with notifica- tion to be given to Bailey Road, by the City Kanager, within 15 days of C.O. of the East - side Fire Station, as to cancellation. - Service Agreement - Temp. Reso. to authorize City .Officials to RESOLUTION NO.R- O -/ PASSED. The City Attorney read Temp. Reso. #1494. C/M Disraelly said this carries forward the old agreement, with a new date interpreted. He suggested to the City Manager, when the new Eastside Fire Station is within 15 days of Certificate of Occupancy, and the equipment is provided, that this agreement be cancelled, due to the 30 day cancellation clause. He then MOVED for the adoption of Temp. Reso. #1494, and C/M Wiener SECONDED. VOTE: ALL VOTED AYE. 15. North Andrews Fire Department - Subdistrict 10 of Broward Central Fire Department - Temp. Reso. #1495 - Discussion and possible action to authorize City Officials to execute this agreement. -18- 1/23/80 mr/ SYNOPSIS OF ACTION: Approved RESOLUTION NO.R- O — PASSED. The City Attorney read Temp. Reso. #1495, and V/P4 Plassaro MOVED for its approval, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. Mayor Falck referred to the 1/9/80 Minutes, for Item #27, Budget Adjust- ment, and felt that the City Manager's office should comply with require- ments, and obtain the necessary material to enable consideration of Council. Mr. Gross indicated that he revaiewed the Minutes of 1/9/80, wherein it was noted by Mr. Hoyt that he would have the budget paperwork for this meeting, but was assured that it would be submitted for the recessed meeting of 1/25/80. MEETING WAS RECESSED TO FRIDAY, JANUARY 25, 1980, AT 9:30 A.M. AT EST: TY LERK This public document was promulgated at a cost of $ or $ • �J per copy, to inform the general public and public officers and employees about recent opinions and considerations by the City Council of the City of Tamarac. -19- 1/23/80 mr/