HomeMy WebLinkAbout1983-02-09 - City Commission Regular Meeting Minutes14
P,o, Box 25010
TAMARAC, FLORIDA 33320
FIRST CLASS MAIL
CITY OF TAMARAC, FLORIDA
CITY COUNCIL
REGULAR COUNCIL MEETING
WEDNESDAY, FEBRUARY 9, 1983
CALL TO ORDER: 9:30 A.M.
ANNOUNCEMENT OF TIME ALLOCATIONS.- MOTIONS TO TABLE - The Chair al
this time will announce those items which have been given a
specific time to be heard, and will entertain motions from Counci:
members to table those items which require research. Council may
agendize by majority consent matters of an urgent nature which
have come to Council's attention after publication.
PRESENTATIONS
1. Disabled American Veterans - Presentation by Mayor Falck of a
proclamation designating the week of February 20 - 26, 1983,
as "Disabled American Veterans Week".
CONSENT AGENDA
2. Items listed under Item #2, 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 dis-
cussion of these items. If discussion is desired, then the
item(s) will be removed from the Consent Agenda and will be
considered separately.
a) Minutes of 12/8/82 - Regular Meeting - Approval recommended by
City Clerk.
b) Minutes of 12/22/82 - Regular Meeting - Approval recommended
by City Clerk.
c) Alan F. Ruf - Consulting City Attorney - 2/3/83 - $1,450.00 -
Approval recommended by City Attorney.
d) Richard S. Rubin - Consultant City Planner - Services for
January, 1983 - $2,362.50 - Approval recommended by City
Manager,
e) Alexander Grant & Company - Auditors - Final billing for ser-
vices regarding financial statements as of 9/30/82 and prepar-
ation of report - $9,100-00 - Approval recommended by Finance
Director,
f) Solo Construction Corp. - 1982 Storm Drainage Improvements -
Mainlands 7 -- Approval of the following as recommended by the
City Engineer:
(1) Change Order No, 1 decreasing the contract price by
$14,016.04 to a total of $97,838.96.
(2) Pay Estimate No. 3 in the amount of $28,075.46
2/9 Pg. 2,
PROCLAMATION
PRESENTED
2/9 Pg.2,
(a) through(i
APPROVED
2/9 Pg. 2 (j )
AUTH.,2/9 Pg.:
(k) Acc.Don.
2/9 Pg.2,(1)
APPROVED Ext-
ension tablin,
action to 2/23
meeting
g) West Broward Reporting Service, Inc.
City of. Tamarac -- 1/26/83 - $48.80 --
City Attorney.
PAG TWO
- Leadership Housing vs.
Approval recommendedq, hKr
h) Diversified Capital - 1983 rent for sludge farm - 1/13/83 -
$9,012.11 - Approval recommended by City Manager.
i) Bid Authorizations - Approval to go to bid for the following:
(1) Uninterruptable AC Power System for Computer
(2) Utilities West Wastewater Treatment Plant Grating Replace-
ment.
j) Fire Department - Authorization to purchase, through State
contract, one 1983 Chevrolet Van Model CG21-305, at a cost of
$12,274.60, funding budgeted under 1982/83 Revenue Sharing Fund
Budget.
k) Police Department - Acceptance of donation from Mrs. Bessie
Heller of one resuscitator complete with case and bottle.
1) Tamarac Jewish Center - Request for one-year extension to the
provisions of Code Section 7-31 requiring screening of equip-
ment on roof - Approval to extend the tabling action to the
meeting of 2/23/83.
GENERAL ADMINISTRATIVE/FINANCIAL
3. Alexander Grant & Com any - Audit Resort for FY 1981/_82 - Tem .
Reso. #2611 - Discussion and possible action to adopt this
report.
(this item is scheduled to be heard at approximately 10:00a.m.)
4. Street Resurfacing Projects:. Discussion and possible action on:
a) NW 61 Street from NW 84 Terrace east to canal
b) Brookwood Boulevard (northbound lanes) from McNab Road to
NW 64 Court
c) Lagos de Campo (southbound lanes) from McNab Road to Sands
Point entrance
d) Boulevards - NW 53, 54 and 55 Streets and NW 23 and 27
Avenues.
5. Community Facilities - Discussion and possible action to seek
proposals from architectural firms.
6. Proposed Facility for Public Works Department - Discussion and
possible action.
7. Broward League of Cities Business - Discussion and possible
action.
LEGAL AFFAIRS
8. Vacation of Easements and Rights-of-Wa -- Temp. Reso. #2610 -
Discussion and possible action to amend the fees for the
processing of applications.
9. Cit Hall Parking Lots - Temp. Ord. #926 - Discussion and pos-
sible action to amend Sections 15-4 and 15-5 of the Code to
prohibit parking of unauthorized vehicles at certain locations
on parking lots adjacent to City Hall and providing for en-
forcement of these regulations. First Reading.
2/9 Pg. 4
APPROVED
2/9 Pg. 3,
a) ,b) ,d)
TABLED
c) APPROVED
2/9 Pg.S,Cit
11gr.. auth. adti
2/9 Pg.6,Cit
Mgr. & Counc
will invest.
2/9 Pg.6,Ma�
rep.summari2
League's dre
2/9 Pg.8,APF
as Amended,
Res. R-83-2S
2/9 Pg. 8,
APPROVED on
first readir.
10. Roofscapes - Temp._ Ord. #1014 - Discussion and possible action /9 Pg. 8,APP
to amend Section 7-31 of the Code to establish a waiver pro- s amended
vision to the requirements of this section. First Reading. first reading
11.
PAGE THREE
School Fire Inspections - Temp. Reso. #2617 - Discussion and 2/9 Pg.9,
possible action to endorse the enactment of a State Statute TABLED
requiring fire inspections of public schools by state cer-
tified fire inspectors.
12. Executive Airport - Discussion and possible action on a pro- 2/9 Pg. 9,NO
posal to engage the services of Dr. Norman Arnold for a study ION pending
of possible noise reduction policies at the airport. Ireport Airport
PUBLIC HEARING -- 2:00 P.M.
13. F & R Builders, Inc. - Rezoning Petition 041--Z-82 - Temp. Ord
#1019 - Discussion and possible action to rezone lands
located north of NW 71 Place and west of Nob Hill Road, being
the recreation parcel of the proposed Ashmont development,
from R-3 and R-3U to S-1. Second Reading.
a) Acceptance of Affidavit of Publication. and Affidavit of
Posting.
b) Consideration of application.
COMMUNITY DEVELOPMENT
14. Woodview Tract 38 - Discussion and possible action on:
a) Amendment to the Water and Sewer Developers Agreement
b) Renewal of a model sales permit
(tabled from 1/26/83)
15. Southgate Gardens, Inc. (7300 Southgate Boulevard) - Dis-
cussion and possible action on:
a) Revised site plan for 6-foot high wood shadowbox fence
along the south property line -- Temp._ Reso. #2609
b) Acceptance of utility easement for water purposes - Temp.
Reso. #2486 (tabled from 10/27/82)
c) Acceptance of utility easement for sewer purposes - Temp_.
Reso. #2487 (tabled from 10/27/82)
d) Renewal of model sales permit and waiver of the 300--foot
distance requirement for certificates of occupancy.
16. Richway at Tamarac - Temp. Reso. #2612 - Discussion and pos-
sible action to accept a Bill of Sale for water distribution
and sewage collection system improvements.
17. Honda Inverrary Classic -- Discussion and possible action on
a request by Inverrary Country Club to allow temporary
directional signs on property other than their own.
18. Canal Reservation Release - Temp. Reso. #2613 - Discussion
and possible action to release a canal reservation on lands
east and south of Treehouse Apartments.
19. Woodmont Countr Club - Discussion and possible action to
permit a temporary lean-to tent on the south side of the
cart barn for the storage of golf carts (tabled from 1/12/83)
2/9 Pg.11,
a) ACCEPTED
b) APPROVED
2/9 Pg. 17,
TABLED for 2
months with
conditions
2/9 Pg. 17,
APPROVED with
Conditions.
2/9 Pg. 9,
APPROVED
2/9 Pg. 9,
APPROVED.
2/9 Pg. 10,
APPROVED,
/9 Pg. 18,
TABLED
20. Westwood 7 -- Discussion and possible action to permit install-2/9 Pg. 16,
ation of video cable within a canal maintenance easement NO ACTION
along Block 370 as requested by American Video Corp. (tabled
from 1/12/83).
21. Land Section 7 - Discussion and possible action concerning "/O,Pg. 14,City
possible land uses of those undeveloped portions of the City tty.& City Plann
in this land section bounded by McNab Road, Commercial Boule- ill report next
vard and NW 100 Avenue west to the levee. etincr.
PAGE FOUR
22. Shell Oil Company - Discussion and possible action on:
a) Amendment to Resolution 82-342, Special Exception Petiti
#18-Z-82, which allowed a service station in a B-2 zoning
district - Temp. Reso. 42616
b) Site Plan - Temp. Reso. #2614
c) Landscape Plan
d) Water and Sewer Developers Agreement
e) Water Retention Agreement
f) Ingress/Egress Easement - Temp_. Reso. 42615
(to be located on the west side of NW 88 Avenue between
NW 57 Street and Commercial Boulevard)
23. NW 61 Street - Southwest Corner - Discussion and possible
action concerning items to be included in an agreement for
realignment of NW 61 Street.
24. Drainage Improvements in the City- Discussion and possible
action on:
a) NW 70 Street and NW 84 Avenue
b) Reports
REPORTS
25. City Council
26. City Manager
27. City Attorney
City Council may consider such other business as may come before
it.
2/9 Pg. 12
on a) , b) , c)
APPROVED with
Conditions.
d), e), f)
APPROVED.
Pursuant to Chapter 80-105 of Florida Law, Senate Bill No. 368; if a person
decides to appeal any decision made by the City Council with respect to any
matter considered at such meeting or hearing, he will need a record of the
proceedings, and for such purpose he may need to ensure that a verbatim record
of the proceedings is made, which record includes the testimony and evidence
upon which the appeal is based.
=u.:.[..
G
Carol, A. Evans
Assistant City Clerk
Following are the residential, and commercial zoning districts in the City:
R-1 - Single Family Residence
R 1B &
R-lC - One -Family Dwelling
R 2 - Two -Family Dwelling
RD-7 - Two -Family Dwelling
R-3U - Row House
R-3 - Low Density Multiple Dwelling
RM-5 -- Residential Multi --Family Dwelling
RM-10 - Planned Apartment
R-4A - Planned Apartment
R 5 - Motel/Hotel
B-1 - Neighborhood Business
B-2
- Planned Coml=ity Business
B--3
- General Business
B-5 --
Limited Business District
B-6 --
Business District
5--1
Open Space/Recreational
I-1
- Institutional
M-1
- Light Industrial
M--2
- Medium Industrial
A-1
- Limited Agricultural
A-5
- Agricultural/Excavation
T-1
- Trailer Park District
�ity Atty. will
Send status re -
Dort to Council.
2/9 Pg.20 (a)
'-ity Mgr. auth.
to have Pub.Wks.
inst.catch basir
(b) Disraelly
mentioned f lood-
Gng,V/M Massaro
vill check
PAGE FIVE
2/9 Pg.1,AGEND.--
28.
Exxon (University Drive and South ate Blvd.)
By CONSENT,2/9
Discussion and possible action on:
Pgs. 6 & 7,a)
APPVD.', b) APPVD,
a) Acceptance of Warranty Deed for 40-foot road
subj.to lang.
night -of -way on University Dr. - Temp. Reso. #2618.
rewritten by
b) Acceptance of 10-foot Utility Easement on Southgate
City Atty. &
Blvd. - Temp. Reso. #2619.
City Engr.
2/9 Pg.1,AGEND.
29.
Proclamation for Engineers Week - Presentation by
By ax15ENT,2/9
Mayor Falck of a proclamation designating the week of 2/10
pg.11,PROCLAMA-
through 2/26/83 as "Engineer's Week".
TION PRESENTED.
.279 Pg. 18,
30.
Recommendation of the City Mana er concerning the
AGENDIZED BY
proposed termination of the Chief Building Official_
CONSENT.
Discussion and possible action.
2/9 pg. 22,
31.
Mayor FtLlckTrip to Tallahassee on 2/10 and 2/11, 1983-
AGENDIZED BY
Discussion and possible action
CONSENT
CITY OF TAMARAC, FLORIDA
REGULAR CITY COUNCIL MEETING
FEBRUARY 9, 1983
TAPE CALL TO ORDER: Mayor Walter Falck called the Meeting to order on
#1 Wednesday, February 9, 1983 at 9:30.A.M. in the Council Chambers.
ROLL CALL: PRESENT: Mayor Walter W. Falck
Vice Mayor Helen Massaro
Councilman Irving M. Disraelly
Councilman Philip B. Kravitz (10:10)
Councilman David E. Krantz
ALSO PRESE11dT: City Manager, Laura Z. Stuurmans(11:22)
City Attorney, Jon M. Henning
Finance Director, Steve Wood
Assistant City Clerk, Carol A. Evans
Secretary, Patricia Marcurio
Secretary, Sally Spiegel
Mayor Falck read into the record C/M Kravitz's memo dated 2-7-83,
asking to be excused for the beginning of the Council Meeting
because of a prior commitment at Broward County.
MEDITATION A14D PLEDGE OF ALLEGIANCE: Mayor Falck called for a
Moment of Silent Meditation followed by the Pledge of Allegiance.
Mayor Falck welcomed everyone present and reviewed the time
allocations on this day's Agenda.
28. Exxon (University Drive and Southgate Blvd.)
Discussion and possible action on:
a) Acceptance of Warranty Deed for 40-foot road right-of-
way on University Drive - Temp. Reso. #2618
b) Acceptance of 10-foot Utility Easement on Southgate
Blvd.. - Temp. Peso. #2619
SYNOPSIS OF ACTION:
Agendized by Consent (See Pages 6 & 7).
V/M Massaro moved to Agendize by Consent items for discussion and
possible action relating to Acceptance of Warranty Deed and
Easement which is necessary to complete Exxon's record. SECONDED
by C/M Krantz.
VOTE:
PROCLAMATION
ALL VOTED AYE
29. Pro_c_lamati_on fo.r Engineers Week - Presentation by Mayor Falck
of a proclamation designating the week of 2/10 through 2/26/83
as "Engineer's Week".
SYNOPSIS OF ACTION: Agendized by Consent.
(See Page 11).
C/M Disraelly MOVED to Agendize by Consent a proclamation desig-
nating the week of 2/20 through 2/26/83 as "Engineer's Week'
SECONDED by C/M Krantz.
vnTF-
ALL VOTED AYE
1 - 2/9/83
/pm
1. Disabled American Veterans - Presentation of Proclamation by
Mayor Falck designating the week of February 20-26, 1983, as
Disabled American Veterans Week.
SYNOPSIS OF ACTION:
Proclamation was presented by Mayor Falck
Mayor Falck read the proclamation into the record and presented
it to representatives of the DAV.
2. Consent Agenda
a) Minutes of 12/ 8/82 - Regular.Meeting - Approval recommend-
ed by City Clerk
b) Minutes of 12/22/82 - Regular Meeting -- Approval recommend-
ed by City Clerk
c) Alan F. Ruf - Consulting City Attorney - 2/3/83 - $1,450.00-
Approval recommended by City Attorney
d) Richard S. Rubin -- Consultant City Planner - Services for
January, 1983 -- $2,362.50 -- Approval recommended by City
Manager
e) Alexander Grant & Company -- Auditors - Final billing for
services regarding financial statements as of 9/30/82 and
preparation of report $9,100.00 - Approval recommended
by Finance Director
f) Solo Construction Corp. - 1982 Storm Drainage Improvements -
Mainlands 7 - Approval of the following as recommended by
the City Engineer:
(1) Change Order No. 1 decreasing the contract price by
$14,016.04 to a total of $97,838.96.
(2) Pay Estimate No. 3 in the amount of $28,075.46
g) West Broward Reporting Service, Inc. - Leadership Housing
vs. City of Tamarac -- 1/26/83 -- $48.80 - Approval recommend-
ed by City Attorney
h) Diversified Capital -- 1983 rent for sludge farm - 1/13/83 -
$9,012.11 - Approval recommended by City Manager
i) Bid Authorizations - Approval to go to bid for the following:
(1) Uninterruptable AC Power System for Computer
(2) Utilities West Wastewater Treatment Plant Grating Re-
placement
j) Fire Department - Authorization to purchase, through State
contract, one 1983 Chevrolet Van Model CG21-305, at a cost
of $12,274.60, funding budgeted under 1982/83 Revenue Shar-
ing Fund Budget
k) Police Department - Acceptance of donation from Mrs. Bessie
Heller of one resuscitator complete with case and bottle
1) Tamarac Jewish Center - Request for one --year extension to
the provisions of Code Section 7-31 requiring screening of
equipment on roof -- Approval to extend the tabling action
to the meeting of 2/23/83
SYNOPSIS OF ACTION:
a) and (b) TABLED
c) thru (1) APPROVED
C/M Disraelly Moved that items (a) & (b) be removed from the
Consent Agenda and TABLED to a future meeting, and items (c)
thru (1) APPROVED. C/M Krantz SECONDED the Motion.
VOTE: ALL VOTED AYE
-- 2 -
2/9/83
/ss
4. Street Resurfacing Projects - Discussion and possible action
on:
a) N.W. 61 Street from N.W. 84 Terrace east to canal
b) Brookwood Blvd. (northbound lanes) from McNab Road to
N.W. 64 Court
c) Lagos de Campo (southbound lanes) from McNab Rd. to Sands
Point entrance
d) Boulevards - N.W. 53, 54 and 55 Streets and N.W. 23 and 27
Avenues
SYNOPSIS OF ACTION:
a), b), d) TABLED
c) APPROVED
Mayor Falck said the information has been developed by the
City Engineer and asked whether there were any comments.
V/M Massaro said she would like to see item (c), Lagos de
Campo, handled first so it would give the City Engineer and
the Public Works Department an opportunity to work together
rather than putting out the preparatory work for bid, and it
would prove to be a real test for future jobs. The City
Engineer said he agreed with the V/M Massaro and he plans to
start off with something more simple and progress to the more
difficult job as far as preparation goes. He said he origin-
ally planned to start with 61 Street but held.back per
V/r2 Massaro's suggestion that 61 Street be done completely at
one time from Pine Island Road to University Drive, therefore,
Lagos de Campo will be done first. The City Engineer said he
estimated the cost to be $11,000 for the resurfacing by the
County contractor plus $2,000 for miscellaneous materials that
the Public Works Department would need for the preparatory
work. C/M Disraelly asked whether labor was included in the
figure. The City Engineer said labor would be part of the
normal operations. C/M Disraelly said that at a prior meeting,
the same type of work was discussed for Lime Bay Boulevard
and asked whether anything was done. The City Engineer said
that Lime Bay Boulevard is in the process of being completed
it is Public Works' first job.
Mayor Falck said he would favor a proposal to move ahead with
the work to be done on Lagos de Campo. He said that the County
is very liberal right now with the charges as they relate to
getting the work done.
C/M Krantz remarked that 61 St., running from 84 Terr. east to
Pine Island Rd. is one of the worst streets in the City and he
is glad it is under consideration for repair. C/M Disraelly
said the developers will {candle this.
V/M Massaro said the City will receive another $50,000 for
additional work and suggested that Southgate Blvd. be put on
the County program as a County road. Mayor Falck suggested
he agendize this at the Broward League of Cities meeting for
discussion since it concerns North Lauderdale, -Margate and
Coral Springs as well as Tamarac. V/M Massaro MOVED to APPROVE
Item 4(c), Lagos de Campo, for the City Engineer to move
forward and work with the Public Works Dept. and keep accurate
records in order to move forward with other projects. SECONDED
by C/rI Krantz.
VOTE: ALL VOTED AYE
- 3 - 2/9/83
/pm
3. Alexander Grant & Company - Audit Report for FY 81/82
Temp. Reno. #
�2611 - Discussion and possible .a..,,,.--
ction to
this report
SYNOPSTS OF ACTION:
APPROVED
Adopt
RESOLUTION NO. R—$3-•c,29 PASSED.
C/M Kravitz entered the meeting at 10:10.
Bert Emmer of Alexander Grant & Company, reviewed the Audit
Report on Page q, Auditor's Opinion; Page 7, Balance
Sheet; Paqe 10, Comparison City and Budgeted Results.
C/M Disraelly questioned specific figure amounts on Page 10
concerning Excess of Revenues. and other sources over (under)
expenditures and other uses, and Mr. Emmer explained that
the amount in question was the variance between what was
anticipated and the actual. Mr. Emmer continued reviewing
the Audit Report on Page 20, Detailed Information Regarding
Revenues and Expenditures; Page 29, General Long -Term Debt.
C/M Disraelly asked Mr. Emmer about. Interest Income since he
thought the figure should be higher, and Mr. Emmer replied
that the figure did not include interest on the Utility System.
C/M Kravitz asked Mr. Emmer a question concerning Page 32,
Commitments and Contingencies. He asked whether the audit takes
in all the litigation that is pending against the City and if
the City has enough reserve to cover whatever contingencies
occur Mr. Emmer said that nothing is pending at this time
and the City Attorney should be contacted for any litigation
that has been filed. Mayor Falck said that Council receives
litigation reports twice a year from the City Attorney, as
does the Auditors.
TAPE Mr. Emmer continued his audit review with. Page 50, a balance
#2 sheet showing Capital Funds; Page 58, Various City Funds;
Page 55, West Utility System; Page 56, Water & Sewer System;
Page 65,. Bond Compliance; Page 76, Federal Revenue Compliance.
V/M Massaro commented that the City must be very careful in the
coming year to keep expenses and cost down as the City's inter-
est earnings will be drastically reduced, such as our Utility,
investment percentage from developers, etc. Mr. Emmer said
the money market yields dropped significantly and interest
income derived from the Utility contributes to the coverage.
C/M Disraelly asked Mr. Emmer whether there should have been an
additional Auditor's Report indicating the 140% compliance,
and Mr. Emmer replied that the Bond Agreement does not call for
any report by the Auditor but he will give Council a letter
covering this.
Mr. Emmer referred to Page 71, Management Letter to Council;
Page 72, prior year recommendations were implemented.
C/M Kravitz had a question regarding Pages 69 and 70 which
states that the City is responsible for establishing and main-
taining a system of Internal Accounting Control. Mr. Emmer
said the standards of auditing control state that auditors
should not give an opinion on internal control unless they are
specifically engaged to do so. Mr. Emmer said on Page 70 of
the Report there was a sentence which read, "Study and evalu-
ation disclosed no conditions we believed to be a material
weakness." Mr. Emmer said they have given the City an opinion
based on the City's financial statements and what the expect-
ations were. Ile said they have found no material weaknesses
in internal control but would do a specific study on this if
the Council would engage them to do so.
- 4 - 2/9/83
/ss
V/M Massaro asked Mr. Emmer if, during the normal auditing
process, his firm found something questionable they would
bring this to Council's attention and she referred to Page 71
which stated that the auditing found some things that needed
improving and after suggestions were made and implemented,
the problems were solved. Mr. Emmer said this was true.
Mr. Emmer said internal control is monitored but what is not
included is that a separate report is not given on this
subject.
Jon Henning read the Resolution by title. Ray Munitz,
resident, said an in-depth report on internal control would
be the only way of assuring that there are no problems in
this area. He said, regarding the total revenue of $7,400,000
and total expenditures of $7,955,000, indicates an excess
charge over revenue and he felt this was a significant develop-
ment which was not commented on in the auditing report.
C/M Disraelly said up until recently, the City established a
reserve for encumbered purchases and funds were set aside
for the following year. Mr. Emmer said they Chose to have
no open encumbrances at year-end but rather, to appropriate
them as part of the new year's budget. He said, in either
event, a portion of the previous year's fund balance towards
the next year's budget is designated.
C/M Disraelly MOVED for ADOPTION of Temp. Reso. #2611 accept-
ing receipt of the Auditing Report for FY 1981 82, SECONDED
by V/M Massaro.
VOTE: ALL VOTED AYE
5. Community Facilities - Discussion and possible action to seek
proposals from arc itectural firms
SYNOPSIS OF ACTION:
City Manager authorized to
advertise for bids from architectural firms
Mayor Falck said we have not consolidated the information
that will enable us to advertise for proposals, and this item
is listed on the Agenda requesting Council to authorize the
City Manager to advertise for these proposals at which time
it will be reviewed and handled in the regular way.
C/M Disraelly asked that if by Community Facilities the
Mayor was referring to Police and Community Building, includ-
ing City Hall.
Mayor Falck said that the remodeling of City Hall was not
included but encompasses the whole complex,. which Council
will have the option of doing one, two or three.
V/M Massaro MOVED to authorize the City Manager to move for-
ward with the advertising for the proposals for the
architectural firms to come in and give their bids and sug-
gestions as to what they would like to propose there in a
normal manner, which includes the entire City Hall complex.
SECONDED by C/M Disraelly.
VOTE: ALL VOTED AYE
- 5 - 2/9/83
/ss
6. Proposed Facility for Public Works De artment - Discussion
and possible action
SYNOPSIS OF ACTION:
City Manager and
Council will investigate
Mayor Falck said he had requested this item be placed on the
agenda in order to determine a permanent location for the Public
Works Department, and investigate the possibilities that might
lead to relocation of Public Works to a more satisfactory area.
He asked Council to explore the availabilities and cost for the
new location of Public works. Mayor Falck said this required
no Motion.
V/M Massaro asked about the acreage and cost per acre to be
considered, and Mayor Falck replied that Council get together
with the Public Works Department per amount of space needed, etc.
C/M Kravitz asked if another location was found for Public Works,
would the City sell the existing property or keep it, and the
Mayor replied that it would depend on the price and the Council
would decide whether to keep it or dispose of it.
C/M Disraelly suggested the City Manager contact other cities
which have good Public Works facilities to determine what is
needed in the way of acreage, type of building, storage space,
and recommendations from the City Public Works Director.
C/M Disraelly said the City Manager shall make a presentation
of her findings to Council.
V/M Massaro said in regard to selling the present Public Works
site when a replacement is found, the amount of money the City
will spend is negligible compared to what that land is worth
and someday that site will pay for a City Hall complex, elimin-
ating the need for a bond issue.
C/M Disraelly stated the City Clerk will address his comments
to the City Manager.
7. Broward League of Cities Business - Discussion and possible
action.
SYNOPSIS OF ACTION:
Report by Mayor Falck.
Mayor Falck said he gave Council a copy of a rough draft report
from the Broward League of Cities which was approved by the
League's Board of Director which summarized some important things
the League is involved with and Council should review and con-
sider. He said he would answer any questions regarding this report.
C/M Disraelly said he had received a copy of the.Broward League
Dinner Meeting and routed it to Council.
Tape 28. Exxon (University Drive and Southgate Blvd.) - Agendized by
3 Consent
a) Acceptance of Warranty Deed - Temp. Reso. #2618
b) Acceptance of Easement - Temp. Reso. #2619
SYNOPSIS OF ACTION: RESOLUTION NO. R— 73 —,.5S PASSED.
a) APPROVED RESOLUTION NO. R--173-,3(Q�PASSED.
b) APPROVED subject to
lanquaqe bein4 rewritten by the
City Attorney and City Engineer.
M:�
2/9/83
/ss
a) Jon Henning
read
the Resolution by
title and V/M Massaro said that Exxon could not
produce Items
a)
and b) for Council
and they had to enter into final agreements with
the seller.
She
said the City
Engineer was unhappy with the warranty deed
for the 44'
road
right-of-way
and asked that no action be taken on this
particular
item
until he has been
in contact with Mr. Allison of Exxon.
Sam Allison, of Exxon, said if the City were to service the water line
after it was installed by Exxon and damaged any of the trees that are
being put in at Council's request, the City would have the responsibility
of re -planting any trees involved. V/M Massaro said Exxon has no right
to plant anything that could be affected by the City's maintenance of
mains and lines. Mr. Allison said there is only one tree at issue on
the Landscape Plan and that can be moved about 2' over to avoid problems.
V/M Massaro suggested that additional language be added to the Ordinance
that would require an overlay on the utility lines in order to show the
beautification. She said there is a similar problem on Southgate Blvd.
with the plantings causing a hindrance to maintenance.
The City Engineer said he is requesting the easement, Item b), be tabled.
or approved subject to review by he and the City Attorney for acceptable
wording. The City Planner said there is a conflict between Ordinances
on trees and C/M Disraelly said the beautification site plan is not
specific concerning the one tree in question. Mr. Allison suggested
Paragraphs 3 and 4 of the agreement, and said it was Exxon's policy when
maintaining lines that run across private property to return them to the
original condition. V/M Massaro said she objected to the language in the
paragraph which states that the City agrees to reimburse Exxon for any and
all claims.
V/M Massaro MOVED APPROVAL subject to review by the City Engineer and the
City Attorney concerning agreeable language, APPROVING Temp. Reso. #2618,
SECONDED by C/M Disraelly. --
ALL VOTED AYE
b) Jon Henning read the Resolution by title and V/M Massaro MOVED to ACCEPT
the 10' utility easement subject to the easement being rewritten by the
City Attorney and City Engineer and when it is acceptable to them, Exxon
be permitted their building permits. SECONDED by C/M Disraelly.
VOTE:
ALL VOTED AYE
C/M Disraelly said that Exxon has contributed a donation toward the traffic
light in front of University Hospital which the State installed. He said
he has requested that each participant in the funding of this light permit
Council to use those funds at 61 St. and Exxon gave their approval with
Council's thanks.
- 7 - 2/9/83
/pm
LEGAL AFFAIRS
8. Vacation of Easements and Rights -of -Way - TeTL. Reso. #2610 -
Discussion and possible action to amend the fees for the
processing of applications.
SYNOPSIS OF ACTION: APPROVED
as amended.
RESOLUTION NO. R PASSED.
Jon Henning read the Resolution by title and V/M Massaro MOVED the
ADOPTION subject to inserting on Line 23, the figure of $150. C/M
Disraelly SECONDED and Mr. Henning said the record should reflect
the correction of the title to read: Repeal of Resolution #80-219.
VOTE:
ALL VOTED AYE
9. City Hall Parking Lots - Temp. Ord. #926 - Discussion and pos-
sible action to amend Sections 15-4 and 15-5 of the Code to
prohibit parking of unauthorized vehicles at certain locations
on parking lots adjacent to City Hall and providing for enforcement
of these regulations. First Reading.
SYNOPSIS OF ACTION: APPROVED
on first reading.
Jon Henning read the Ordinance by title and said the revision makes it
a parking violation for unauthorized persons to park in reserved spaces,
and there was no provision to fight these parking tickets, which had
to be paid in 72 hours or it was considered a crime. He added a
provision stating a person could have a hearing to fight the ticket and
the provision also required posting a $25 cash bond, which is the maxi-
mum penalty under the Parking Violation, that had to be posted within
72 hours. Mr. Henning said this safety valve is necessary to the
procedure and he added Provision 15.3.2 in Section 3. He said before
the second reading he would meet with the Police Chief to discuss any
minor problems.
C/M Disraelly MOVED to ADOPT Temp. Ord. #926, SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
10. Roo_fscapes - Temp. Ord. #1014 - Discussion and possible action
to amend Section 7-31 of the Code to establish a waiver provision
to the requirements of this section. First Reading.
SYNOPSIS OF ACTION: APPROVED
on first reading as amended.
Jon Henning read the Ordinance by title and V/M Massaro referred to
Line 15 which applies to the existing building and the effective date
of the Ordinance. She said it should read, "applies to existing
buildings which have been granted a Certificate of Occupancy on or
before 1/l/83". This would not include buildings under construction.
V/M Massaro MOVED the ADOPTION of this Ordinance as amended, SECONDED
by C/M Krantz.
VOTE: ALL VOTED AYE
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2/9/83
/pm
11. School Fire Ins ections - Temp. Reso. #2617 - Discussion and,
possible action to endorse the enactment of a State Statute
requiring fire inspections of public schools by state
certified fire inspectors
SYNOPSIS OF ACTION:
TABLED without future date
Jon Henning asked this be Tabled to the next meeting. He receiv-
ed a proposed Resolution from Pembroke Pines which refers to
State Legislation,.and he is waiting for our copy from Tallahassee.
C/M Kravitz .MOVED to TABLE Temp. Reso. #2617 without a
future date.
V/M Massaro said there should be State Inspectors and our fire
inspectors should not be involved in this.
VOTE:
ALL VOTED AYE
12. Executive Airport - Discussion and possible action on a
proposal to engage the services of Dr. Norman Arnold for a
Study of possible noise reduction policies at the Airport
SYNOPSIS OF ACTION:
NO ACTION until further
report from Airport Manager
Mayor Falck suggested this matter not be Accepted. He said that
spending $8,000 for a Study would be premature and his recommend-
ation is that we wait for a report from Mr. Johnson, Airport
Manager, indicating his proposals and information which can be
made available in helping to identify some of the problems.
Mayor Ealck turned the gavel over to V/M Massaro and MOVED that
NO ACTION be taken at this time, SECONDED by C/M Disraelly.
VOTE: ALL VOTED AYE
16. Richway at Tamarac
possible action to
bution and sewage
SYNOPSIS OF ACTION:
APPROVED
- Temp. Reso. #2612 - Discussion and
accept a Bill of Sale for water distri-
collection system improvements
RESOLUTION NO. R—gg -,qv
Jon Henning read the Resolution by title. V/M Massaro MOVED the
ADOPTION of Temp. Ord. #2612. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
17. Honda Inverrary Classic - Discussion and possible action on a
request by Inverrary Country Club to allow temporary
directional signs on property other than their own
SYNOPSIS OF ACTION:
APPROVED
C/M Disraelly said he received a letter from Janice Hamilton say-
ing she would like to place signs that indicate directions to
Honda Inverrary Classic. He told her the City would permit it
providing Council received a letter from each property owner
granting her that permission.
C/M Disraelly MOVED to grant them permission to place signs on
the various locations upon receipt of letters of approval, copies
to Council, and providing signs be removed within 24 hours of
termination. He also stipulated that fees involved for the signs
be waived. SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
- 9 - 2/9/83
/ss
18. Canal Reservation Release - Tem . Reso. #2613 - Discussion
and possible action to release a canal reservation on lands
east and south of Treehouse Apartments
SYNOPSIS OF ACTION:
APPROVED
RESOLUTION NO. R-f,.? PASSED
Jon Henning read the Resolution by title. V/M Massaro MOVED the
ADOPTION of Temp. Reso. #2613 as canal reservations are no longer
needed. SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
MAYOR FALCK RECESSED THE MEETING FOR LUNCH UNTIL 2:00.
- 10 - 2/9/83
/ss
Tape MEETING WAS CALLED TO ORDER AT 2:00 P.M. AND ALL WERE PRESENT.
4
PUBLIC HEARING
& R Builders,nc. - RezoningPetition etition #41-Z-82 - Temp. Ord.
#1019 Discussion and possible action ction to rezone lands located
north of NW 71 Place and west of Nob Hill Road, being the
recreation parcel of the proposed Ashmont development, from R-3
and R--3U to S-1. Second Reading.
a) Acceptance of Affidavit of Publication and Affidavit of
Posting.
b) Consideration of application.
SYNOPSIS OF ACTION: ORDINANCE NO. 0PASSED.
a) ACCEPTED Affidavits,
b) APPROVED on second and
final reading.
a) C/M Disraelly said there is a letter from the Miami. Herald indicating
the ad ran in the newspaper -on 2/2/83 and there is a statement from
the developer that a sign has been posted and he MOVED the ACCEPTANCE
of the Affidavits of publication and posting. SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
b) C/M Disraelly read the Ordinance by title and Mayor Falck opened the
public hearing. Morton Student, resident, asked if this will be used
for recreation only and C/M Disraelly said they can put anything
pertaining to recreation there. Mayor Falck closed the public hearing
with no further response and C/M Disraelly MOVED the ADOPTION of Temp.
Ord. #1019 on second and final reading. SECONDED by V/M Massaro.
VOTE:
PROCLAMATION
ALL VOTED AYE
29. Proclamation for Engineers Week -- Presentation by Mayor Falck
of a proclamation designating the week of 2/20 through 2/26/83
as "Engineer's Week".
SYNOPSIS OF ACTION: Agendized by Consent. (See Page 1).
Proclamation was presented.
Mayor Falck read the proclamation into the record and Mayor Falck
presented it to Larry Keating, City Engineer.
COMMUNITY DEVELOPMENT
22. Shell Oil Company - Discussion and possible action on:
a) Amendment to Resolution 82-342, Special Exception Petition
#18-Z-82, which allowed a service station in a B-2 zoning
district - Temp. Reso. #2616
b) Site Plan - Temp. Reso. #2614
c) Landscape Plan
d) Water and Sewer Developers Agreement
e) Water Retention Agreement
f) Ingress/Egress Easement - Temp. Reso. #2615
(to be located on the west side of NW 88 Avenue between NW 57
Street and Commercial Boulevard)
2/9/83
/pm
SYNOPSIS OF ACTION: a), b) and RESOLUTION NO. RPASSED
c APPROVED with conditions, d), RESOLUTION NO. R-- PASSED
e) and f ) APPROVED. RESOLUTION NO. PASSED
a) Jon. Henning read the Resolution by title and Richard Rubin said
Shell Oil Co. is proposing to build a service station in a B-2
zoning district on 58,000 square feet of land located at the northwest
corner of Commercial Blvd. and 88th Ave. He said the Council approved
the special exception several months ago with various conditions.
He referred to Page 4 of the Developers Agreement to outline the
items that still need to be resolved and adopted. He said the first
3 items are the standard. agreements that must be signed at today's
meeting, which will be separate items on the agenda. He said
Item 4: the developer is to donate $35,000 toward a traffic light at
the northwest corner of 57 St. and 88 Ave. The applicant
presented a check in the amount of $45,011.66 to the Assistant
City Clerk. (This check was inclusive of the $35,000 due for
this fee but was an incorrect amount and should have been in
the amount of $45,010.90).
Item 5: Council must resolve the question regarding the construction
of the southbound right -turn lane on 88 Ave. Mr. Rubin said
on standard review of developments, they have requested the
applicants put in a right turn lane to allow a third lane of
traffic to make a right --hand turn onto Commercial Blvd. He
said the applicant agreed to this and about 2 weeks ago the
County notified them that they have prepared a separate
agreement with F&R instructing them to install that same turn
lane which F&R had as a requirement for approval.
Milton Shaw, representative of Shell Oil Co. said
they expect to construct this as soon as they get the permits. He
said Shell Oil Co. does not feel they need the right --turn lane. Mr.
Rubin said, according to the drawing, Shell Oil Co. will be putting
in this right -turn lane. V/M Massaro asked Marty Riefs of F&R Builders
when they are required to put this right -turn lane in according to the
County and he said he is uncertain at this time. She said she is
concerned about the time frame.
Item 6: Concerning the proposed Resolution, Mr. Rubin said when they
first looked at the Special Exception, they only looked at
Commercial Blvd., 57th St. and 88th Ave. and they determined
that it should be one way in off of Commercial Blvd. and one
way out. He said they are now looking at a Comprehensive
Plan for a service road serving all the properties to the west.
He said they have asked this applicant if they will provide an
easement to the City at this time so that this service road
can become a reality. Mr. Rubin said they have agreed to do
it but in order for traffic to enter into the service road,
the driveway to the west needs to be two way. He said they do
not want to violate the conditions of the original Special
Exception and he asked Council to change it to allow for two
way in the west driveway.
Mr. Rubin referred to the original Resolution #82-342, and
suggested the following change to No. l: Redesign the
driveway into Commercial Blvd. to be one way in at the east
property line and "two way out" at the west property line.
- 12 - 2/9/83
/pm
Richard Rubin requested the applicant initial the drawings which were
changed, the basic difference being the original plan showed
the washbay to the left of the service island to the west property
line abutting Commercial Blvd. He said they moved the washbay
further north and added about 20% more landscaping. V/M Massaro
mentioned to Greg Darby, the architectfor this project, that the
City will need an overlay on the engineering plan so that it is
certain that the shrubbery does not interfere with any water or
sewer lines.. Mr. Rubin said they have checked this and there are
no easements of record on the property. V/M Massaro said there will
be toilet facilities of some kind in there and there should not be
things growing on top of these lines.
V/M Massaro said there is no beautification in the median on Commercial
Blvd. at the western end and she suggested one tree at this location
and about two clusters of low plantings. Mr. Shaw said he would have
no objection to doing this. C/M Disraelly MOVED to APPROVE Temp.
Reso. #2616 as amended.
Jon Henning said there has been a letter submitted by Shell Oil Co.
regarding the fees whereby they are requesting if the permits cannot
be pulled for some reason, that they be entitled to a refund. He
said this should be discussed especially when monies are tendered
before there is site plan approval. He.said, in this case, there is
already site plan approval but Mr. Shaw wanted this situation clarified.
V/M Massaro said she finds no problem with this since they are planning
on pulling permits within 30 days. Mr. Shaw explained that they
would like some guarantee that they would have this money refunded
if they do not pull the permits and V/M Massaro agreed they should
be entitled to a refund under those conditions. She said the site
plan;and special exception would be void but the fees of $45,000
would: -be returned.
Jon Henning reworded this to say "if the development were abandoned
by Shell Oil Co. the fees would be returned and the special exception
would be rescinded". C/M Krantz SECONDED the MOTION.
VOTE: ALL VOTED AYE
b) Jon Henning read the Resolution by title and C/M Disraelly MOVED the
APPROVAL of Temp.. Reso_ #2614 issuing a Development Order #066 with
the approval of the ingress/egress easement. This approval is along
with the approval of the Water & Sewer Agreement, the approval of the
Water Retention Agreement, and with the receipt of the $35,000 traffic
light donation. That Council will, at a future date, resolve the
question regarding construction of the southbound right-hand turn on
88th Ave. The City shall receive a new landscape plan which will
coincide with the site plan whereby the change of the service building
and washbay are included and a corrected beautification fee schedule,
if required, at no charge for whatever is put into Commercial Blvd.
voluntarily. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
c) Landscape Plan - C/M Disraelly MOVED that an amended landscape plan
be given to Council by Darby & Way which will be identical to the
site plan with a change at the washbay and building. That the enlarged
landscape area will contain low shrubs and no trees and otherwise be
subject to the site plan as presented to Council on the perimeter.
The revised landscape plan will show the additional tree and low shrubs
in the median on West Commercial Blvd. SECONDED by V/M Massaro.
VOTE: ALL VOTED AYE
- 13 -
2/9/83
/pm
C/M Disraelly said the Ordinance, at the present time, permits only
one ground sign and he suggested they request a waiver from Council
for the approval of the second sign and this must go to the Beautifi-
cation Committee for the content of the sign.
d) Water and Sewer Developers Agreement - Mr. Rubin said they have
received a check for the items being discussed, water retention,
drainage and water and sewer connection fees. He said the check
Tape amount _'is incorrect by a few cents and must be corrected. V/M
5 Massaro MOVED the ADOPTION of the Water and Sewer Developers Agree-
ment as presented. SECONDED by C/M Disraelly.
VOTE:
ALL VOTED AYE
e) Water Retention Agreement - V/M Massaro MOVED the APPROVAL of the
Water Retention Agreement as presented since the fees have been paid.
SECONDED by C/M Disraelly.
VOTE: ALL VOTED AYE
f) Ingress/Egress Easement - �eME. Reso. #2615 - Jon Henning read the
Resolution by'(title and C/M Disraelly MOVED the ADOPTION of Temp.
Reso. #2615. SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
21. Land Section 7 - Discussion and possible action concerning
possible land uses of those undeveloped portions of the City
in this land section bounded by McNab Road, Commercial Boulevard
and NW 100 Avenue west to the levee..
SYNOPSIS OF ACTION: The City Attorney
and City Planner will have a report ready
for the next Planning Commission meeting.
Richard Rubin said approximately 3 months ago,the City received an
application to rezone a parcel of land to industrial in Land Section
7. He said the application did not include all of the information to
allow the Planning Commission to make a proper review and they did not
place a notice on the property in a place where the public could review
the pending rezoning. He said, based on those reasons, the Planning
Commission tabled the rezoning in order for the applicant to submit
the additional information and repost the property. He said there was
a public hearing with much input and after that meeting there were
many questions to be resolved concerning the history of the land uses
in Land Section 7.
Mr. Rubin said the people abutting this property in the Isles of Tamarac
invited C/M Disraelly, the. Planning Commission Chairman, Emil Beutner
and him to a meeting to discuss the overall history of this area. Hey
said, at that time, C/M Disraelly and other members of Council started
exploring the land uses to see if they are proper in that area which is
the purpose of it being on this agenda. He said, at the request of the
City Attorney, he prepared a memo to the City Manager discussing several
of the options available. V/M Massaro suggested, since it is so
indefinite what should be done there, it should be rezoned Agriculture
until such time as. the City can deteriaine what is Lest for all concerned.
She said she is referring only to the industrial land and the residential
should not be touched at this time.
14 -
2/9/83
/pm
C/M Disraelly said when they met with the residents of Isles of
Tamarac, rezoning of this area to Agricultural was discussed as a
means of a holding pattern without creating a new holding zone. He
said while this is in a holding pattern, the City could make a
determination through the City Engineers and outside consultants as
to whore the roaeis_ r.anals and easements -are going to be located.
He MOVED that the City initiate a rezoning of that area that shows
on the Land Use Plan as M to be rezoned to A-1 and those portions
that are zoned Residential or where there have been provisions made
for Commercial, will remain the same.
Richard Rubin said there are about 200 acres proposed for industrial
use and about 100 acres are proposed for residential. He said the
County does not allow for much flexibility and, although C/M Disraelly's
intent is correct, it would not satisfy the County's Land Use Plan.
He said until. the Land Use Plan of the County is amended, the City
rezoning this would be an inconsistency. He said, in discussing this
with the City Attorney, one option is to look at this entire area that
is shown as Industrial on the Land Use Plan and place it in a category
to allow further study and zone it to a category that would not permit
residential but be consistent with the. Industrial category.
Jon Henning said in researching this, Agricultural seems to be the
choice and it was recommended that there be a freeze on all zoning
changes so that there would be no development for the next few months.
He said the City would have to create anew classification which would
be a moritorium. He said the County has a 12 month limitation on this
and the City's could conceivably be longer since it has not been
developed yet. Richard Rubin said he did not think the purpose of
today's meeting was to initiate a specific rezoning but to discuss
the options available in order to have time to research which way
the Council is moving.
V/M Massaro said there.is someone applying for a certain zoning in
there and she asked the legal position on this and Richard Rubin said
they have notified this applicant in writing that the property was not
posted properly and needs to be reapplied since there are fees that
the City paid to advertise it that have not been paid. Therefore, he
said, there is no pending application until the proper fees are paid
for past action. V/M Massaro said her concern is if they pay these
fees and resubmit application, what position is the City in? Jon
Henning said when the Planning Commission receives the petition from
the City staff, that would initiate the freeze. V/M Massaro asked
Mr. Henning if Council is in the position to ask him to prepare what-
ever is necessary to put this. in a holding category for the next
meeting of the Planning Commission and C/M Disraelly amended his MOTION
to state that the City Attorney and City Planner have prepared for the
next Planning Commission meeting in one week, a proposal to rezone that
area in Land Section 7 which is currently shown on the Land Use map to
be M, as a holding zoning district, SECONDED by V/M Massaro.
Mr. Rubin clarified that the public hearing of the Planning Commission
will be advertised and will not be at next week's meeting. Mayor Falck
requested informational procedures followed by Sunrise when they created
their industrial park and the City Planner said he would get this for
Council.
VOTE: ALL VOTED AYE
Mayor Falck called for a five minute recess.
- 15 - 2/9/83
/Pm
20. Westwood 7 - Discussion and possible action to permit install-
ation of video cable within a canal maintenance easement along
Block 370 as requested by American Video Corp. (tabled from
1/12/83).
SYNOPSIS OF ACTION: No action
necessary by the City. The
homeowners should deal with
American Cable themselves.
V/M Massaro said she questioned the City Attorney as to whether the
City has a right to put cable television into an easement which is
for canal maintenance. Theodore Slade, resident of the Isles of
Tamarac said American Cable told his wife that they would be able to
put the cable television in the back of their homes if they could get
all of the homeowners in that area to agree. He said this permission
was given to American Cable by the homeowners and they were told by
American Cable that the City Council held approval because their
insurance was not paid up-to-date.
V/M Massaro said Council should take no action on this because this
is between American Cableand the homeowners and the City should not
become involved. Florence Bochenek, resident, said a few months ago
there were some men from American Cable who laid cable inside the
easement and she wondered if this should have been allowed. V/M
Massaro said if there is a utility easement they have a right to do
this.
Mr. Slade said they were told that American Cable did not have the
insurance to cover accidentally cutting utility lines.
Mayor Falck said this is an untrue statement because they have the
insurance for twenty million dollars, however, the only problem was
that they did not file a copy with the City. Jon Henning said he
spoke with the City Engineer on the question of whether the fran-
chise is intact
and everything is in order. He said the question of
whether or not their franchise authorizes them to go into the non-
exclusive easements that the City holds to lay their cable in the
grassed areas of this development is really up to the homeowners
themselves and the City should not be involved.
Mr. Henning said since there are authorizations from the homeowners,
the question is moot. V/M Massaro MOVED that on the question of
Westwood 7 relating to installation of video cable within a canal
maintenance easement, the City should not take any action and the
homeowners should deal directly with American Video. SECONDED by
C/M Krantz.
Mr. Slade asked how the homeowners can notify American Video of this
latest Council decision and Mr. Henning said a Notice of Council Action
will be mailed by the City Clerk's office to American Cable to advise
them.
VOTE: ALL VOTED AYE
15. Southgate Gardens, Inc. (7300 Southgate Boulevard) - Discussion
and possible action on: w .,..�
a) Revised site plan for 6--foot high wood shadowbox fence along
the south property line - Temp. _Reso. _#2609
b) Acceptance of utility easement for water purposes - Temp.
Reso. #2486 (tabled from 10/27/82)
c) Acceptance of utility easement for sewer purposes - Temp.
Reso. #2487 (tabled from 10/27/82)
d) Renewal of model sales permit and waiver of the 300-foot
distance requirement for certificates of occupancy.
2/9/83
- 16 - /pm
SYNOPSIS OF ACTION: a), b) and c) tabled;
d) APPROVED with conditions.
V/M Massaro said the people in Southgate Gardens were told in October, 1982
that the water distribution system was deficient for fire protection
purposes and the easements they had were not appropriate. They had
restrictive plantings on top of the sewer lines which caused problems
with Public Works servicing those Lines and they brought in a con-
ceptual plan which was approved by the City Engineering Department.
She said they never came back with the final plans and in checking
the manholes, they found that there appears to be leakage in their
lines which requires from the owners a test and inspection on the
existing gravity sewer line. She said these people should be put on
notice by the City Attorney, after having consulted with the City
Engineer, to take whatever action is necessary to see that this is
done.
C/M Disraelly said on 7/27/82 the City sent them a certified letter
concerning the fire hydrants and no action has been taken on this.
Jon Henning said he was in contact with Mark Somerstein who is handling
this for Southgate Gardens in the absence of Steve McCann, who is a
lawyer with Ruden, Barnett, McClosky, Schuster & Russell. He said
Mr. McCann can be at the next meeting and Council could renew their
model sales permit with the provision that all changes be made to
the satisfaction of the City Engineer within one month. V/M Massaro
said this would not have to be done within one month but that permits
should be taken for improvements required on the water distribution
system and sewers.
V/M Massaro MOVED that the renewal of the model sales permit be subject
to the following:
1. that they test and inspect the existing gravity sewer system to
determine what repairs are necessary, if any, to prevent or to
stop any leakage that is occurring.
2. to remove any landscaping which is in the way of the City servicing
the sewer system
3. to complete the final engineering drawings, of which they have
submitted a conceptual plan, for another review. On these plans
they should indicate the deficiency in the water distribution
system relating to water supply for fire protection.
4. they should install the fire hydrants to conform to the City Code
requirements.
C/M Disraelly added that there isunacceptable flooding in the parking
area per the City Engineer's letter of 2/2/82. He said there are some
modifications to the project's drainage outfall to Southgate Blvd.
5. any easements that were requested by the City Engineer be provided.
The line should be examined that goes from their property across
Southgate Blvd.
ape 6. plans must be approved by the City Engineer and permits taken before
6 3/23/83.or the model sales permit will be rescinded at that time.
SECONDED by C/M Disraelly.
VOTE: ALL VOTED AYE
14. Woodview Tract 38 - Discussion and possible action on:
a) Amendment to the Water and Sewer Developers Agreement
b) Renewal of a model sales permit
(tabled from 1/26/83)
SYNOPSIS OF ACTION: TABLED for
2 months with conditions.
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Jon Henning said he sent a memo to Mayor Falck outlining meetings
that he had with Harry Grossman and he requested having action tabled
for 2 months until he can make his decision. He said Mr. Grossman is
paying all guaranteed revenues and interest. V/M Massaro MOVED that
any action be TABLED. for 2 months but if nothing is done previous to
that time by payment, default or phasing, the City Attorney be
instructed to send notice voiding his temporary extension for the
model sales and notifying him that his contract is in default.
SECONDED by C/M Disraelly.
VOTE:
ALL VOTED AYE
19. Woodmont Country Club -- Discussion and possible action to permit
a temporary lean-to tent on the south side of the cart barn for
the storage of golf carts (tabled from 1/12/83)
SYNOPSIS OF ACTION: TABLED to
a future meeting.
Laura Stuurmans said she has sent Council a memo concerning this which
states that during the course of investigation of this matter certain
facts have been disclosed that are far more serious than the presence
of the tent and she suggested tabling this item without discussion
until a future date.
V/M Massaro MOVED to TABLE this to a future meeting, SECONDED by C/M
Disraelly.
VOTE:
ALL VOTED AYE
30. Recommendation of the City Manager concerning the pro osed
termination of the Chief Building Official - Discussion and pos-
sible action.
SYNOPSIS OF ACTION: Agendized by Consent.
Chief Building Official was suspended with
pay pending a hearing before the Council. on
Friday, 2/18/83 at 10:30 A.M. Pat Kieley will
be Acting Chief Building Official in the interim
period.
The City Manager asked to have Council agendize by consent, discussion
and possible action on the recommendation of the City Manager concerning
the proposed termination of the Chief Building Official. She said she
has prepared a memorandum to Mr. Miller,which he has reviewed earlier
today,and copies of which are attached to her communication to Council.
She said she cites four reasons in support of her recommendation within
that memo. C/M Disraelly MOVED to Agendize for discussion and Possible
action, -the memo from the City Manager. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
The City Manager said this matter is being brought to Council because
of the provision within the City Charter that requires any personnel
action concerning demotion, suspension or termination to be subject to
approval of Council. She said, upon the advice of labor counsel, she
was instructed that the City should provide a due --process hearing to
Mr. Miller prior to a final and formal action. She said she has pro-
posed and Council has granted her a date for a Special Meeting on
Friday, 2/18/83 at 10:30 A.M. for a hearing before Council with Mr.
Miller present either alone or with his counsel to present any arguments
he wishes on behalf of himself and she will be making more specific
disclosures to Council with respect to the items she has cited.
C/M Kravitz MOVED that the Chief Building Official be given a suspension
with pay and a hearing be held on Friday, 2/18/83 at 10:30 A.M.
SECONDED by C/M Krantz.
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2/9/83
/pm
C/M Disraelly requested hearing the reasons cited by the City Manager
and she said in her recommendation, in accordance with the personnel
rules and regulations of the City, she recommended suspension be
without pay. She said Mr. Miller has accrual on the books of the
City that he could utilize in these intervening seven business days
towards any pay loss, however, should Council not concur with her
recommendation as a result of the hearing on 2/18/83, he would suffer
no loss. C/M Krantz said the accusations have not been proven and
he feels -there should -be a suspension with pay.
VOTE: C/M Krantz -Aye
C/M Kravitz Aye
C/M Disraelly Aye
V/M Massaro Nay
Mayor Falck Nay
Lance Thibideau, attorney for Mr. Miller.said he would like it on the
record that the notice of the hearing they have received was rather
short. The City Manager said during the suspension of Mr. Miller
there is a vacancy in the position of Chief Building Official and
she said there are competent individuals on staff to fill that void.
She said in reviewing those individuals, she felt the basis should be
tenure with the City and she recommended the Chief Electrical Inspector,
Pat Kieley. C/M Disraelly so MOVED, SECONDED by V/M Massaro.
C/M Kravitz asked if it would be harmful to the City to avoid filling
this position during this interim period and the City Manager said
that no COs could be issued between now and next week and this could
be difficult on developers in the City. The Citv Manaaer said she
would like the record to reflect, because they are dealing with two
people of tenure, and the Chief Plumbing Inspector has been with the
City longer than the Chief Electrical Inspector., the basis of her
recommendation of Mr. Kieley over Mr. Davidson at this point is
primarily because Mr. Davidson is working solo in the Plumbing Division.
VOTE: ALL VOTED AYE
Mr. Thibideau requested that the record reflect the charaes aaainst
Mr. Miller and Laura Stuurmans read from her memo:
1. Failure to enforce and/or properly administer the South Florida
Building Code and City Code regarding tent storage facilities at
Woodmont Country Club.
2. Failure to enforce and/or properly administer the South Florida
Building Code and the City Code by permitting Kings Point models
and sales center as well as Fairmont models and sales office to
be operated without required certificates of occupancy.
3. Failure to respond to inquiries into the above specified matters
consistent with the record documentation and/or information at
your disposal.
4. Failure, inability and/or refusal to possess and/or exercise those
minimum job duties and responsibilities as contained in the Job
Description attached.
Mr. Henning said the labor attorney will be in touch with Mr. Thibideau
as soon as possible.
23. NW 61 Street - Southwest Corner - Discussion and possible action
concerning items to be included in an agreement for realignment
of NW 61 Street.
SYNOPSIS OF ACTION: The City Attorney
will send a status report to Council.
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2/9/83
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I
Jon Henning said he discussed this with the City Planner and others
and at the intersection of University Dr. and NW 61 St. there is not
an alignment of 61 St. on the east and west side of University and
the project being considered is placing a traffic light at that
intersection leaving the east side of 61 St. where it is and realigning
the west side for free flow of traffic. He said the property that
will be affected primarily is on the southwest corner of that inter-
section which has no buildings on it at this time. He said there are
some land restrictions on the use of that property and the City would
release some of the restrictions on the usage of that property. V/M
Massaro said they are asking for two restrictions to be released, the
ones that concern the restaurant and the shopping center and the
restriction for the gas station would remain. She said the current
owner lives in Venezuela and the City is working through 5olie Goldberg.
V/M Massaro said Mr. Goldberg indicated that they would be willing to
give the dedication of the 40' of land if the City would allow them to
remove certain deed restrictions and leave the gas station deed restriction
Jon Henning said there are two sections of land on an angular cut that
are needed to straighten the road along with a 40' right-of-way running
north and south along University Dr. for a bike path. V/M Massaro said
they are also asking for a 40' setback instead of 50' because they will
be losing 40' of land. Jon Henning said he discussed the setback with
Richard Rubin and he is uncertain if the City has the authority to
grant the setback or whether they should make a recommendation to the
Board of Adjustment for the variance for the setback.
Jon Henning said the three things that the City will be addressing
will be the release of two of the three land restrictions, pursuing
its own initiation with the Board of. Adjustment for a change in the
setback requirements and the City will be anticipating the receipt of
the 40' right-of-way for the bike path and the necessary cut and
realignment of the street. He said the developer will be asking to
dedicate those lands that the City needs and in exchange for that,
he would receive the ability to develop the land With
less restrictions.
C/M Disraelly said his records reflect the last discussion on this
was on 3/10/82 when the City accepted a quit -claim deed from Gulfstream
Bank. He said he would appreciate receiving a memo from the City
Attorney on this item and Jon Henning said he will issue a status
report to Council. He said to make things easier, there will be two
separate agreements, the alignment will be handled with one agreement
.. the dedication of the right-of-way, etc., and on the second
agreement,the contributions for the traffic light.
V/M Massaro said the City Attorney should not be blamed for not bringing
these reports to Council since the responsibility lies with the
previous City Attorney. Jon Henning said he will prepare the documents
for Council review.
24. Drainage Improvements in the Cit - Discussion and possible action
on.
a) NW 70 Street and 14W 84 Avenue
b) Reports
SYNOPSIS OF ACTION: a) City Manager was authorized
to have Public Works install a catch basin at the
southwest corner, b) C/M Disraelly mentioned Beechfern
Circle's flooding problems and V/M Massaro will check.
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a) C/M Disraelly said on 1/20/83 there was tremendous ponding at the
southwest corner of NW 70 St. and 84 Ave. and he suggested that a
line be run from the southwest corner to the opposite side to handle
the drainage. He MOVED that the City Manager be authorized to have
the Public Works Department install a catch basin at the southwest
corner of NW 70 St. and NW 84 Ave. to carry rain water to the south-
east corner. He said the cost would be approximately $3,000 or
$4,000. SECONDED by V/M Massaro.
VOTE: ALL VOTED AYE
b) C/M Disraelly said on Beechfern Circle, the first area directly west
of University Dr. at the main entrance of Woodmont, there is a
flooding.problem. V/M Massaro said she will check this out during
the next heavy rain.
25. City Council Reports
C/M Krantz - No report.
C/M Kravitz said he sent a memo to Mayor Falck explaining that he
would be late this morning because he was attending an important
meeting of the Economic Development for the Planning Committee, which
affects the County as well as Tamarac. He said, since this meeting
started at 8:30 a.m. he felt he could attend and still get to the
Council meeting without having missed much business. He said he was
told some Council members objected and he requested, in the future,
that Council members direct any criticism to him.
V/M Massaro asked how this meeting could help the City and C/M Kravitz
said it concerned jobs for Broward County, taking the place of the
CETA Program, job training, tax credits, etc. V/M Massaro said she
feels it is more important to attend the Council meeting. C/M Kravitz
said Mayor Falck occasionally attends meetings before a Council
meeting and rightfully so. He said he has requested information
several times on the Executive Course and he is still awaiting this.
Tape
7 C/M Disraelly said he spoke in regard to Toll Mission Lakes meeting
and the bond issue regarding rental apartments. He said the County
Commission meeting was tabled until 3/8/83 and at least two members
of the Commission indicated they were in favor of the bond issue and
did want rental apartments. He said there were approximately 50
people from Sunflower/Heathgate that attended the meeting and Ed
Gross was there as one of their representatives. He said he received
a letter from the Sunflower/Heathgate people requesting a meeting in
the evening prior to that meeting.
C/M Disraelly said Council has received the annual report concerning
the Police activity within the City. He said in the City of Fort
Lauderdale there was approximately a 1% increase in crime statistics
for 1982 over 1981 and in Tamarac there was a decrease in actual
crimes from 957 to 848, an 11.4% decrease. He said a number of letters
of commendation have gone out to Police officers and one in particular
sent by the State Attorney, commended the performance of Detective
Barbara Chovan. He said he wanted the record to reflect that the
Police Department is doing a better job day after day.
V/M Massaro said the agreement between the Montwood Corp. and the
County is soon expiring and she and ,Ion Henning called the engineers
for the Montwood Corp. As a result, she has received copies of'.letters
that they havt sent to the County to get an explanation of part of the
agreement. She said the traffic lights and plat in question is Tract
67, which is in-house ready to be processed but has not reached the
Planning Commission as yet.
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2/9/83
/pm
V/M Massaro said the three traffic lights concern Lagos de Campo and
McNab, which has been designed and they are waiting for verification
of the price. She said upon receipt of that they will install that
traffic light, approximately in two weeks. She said the next traffic
light is at their entrance on University Dr. and this has been designed
and has gone to bid and will be installed as soon as possible. She
said the third light is at 81st and 88th Ave. south of the new shopping
center, and the engineers had been asked to start work last week.
She said copies of this went to the. County attorneys as well and they
have determined that 2/25/83 is the target date that this expires.
27. City Attorney Report
Jon Henning said the City wants the County to meet their deadline so
that these lights are installed and the money does not go into the
County's General Fund. He said telephone calls between Keith and
Schnars and the County. Attorney's office indicated that they will
accept having commenced the work. He commended the City Manager,
Laura Stuurmans, for arranging the phone and recorder for survey of
airport noise. He said he has had discussions with the Police Chief
regarding forfeitures and he asked consideration of the possibility of
hiring outside counsel to handle this and he will give Council a
written report with recommendations.
Jon Henning said there are fifteen houses foreclosed on Heftler and
Charmac Homes and the receiver wants to settle all fees due. He said
he will give Council a report on this at the next meeting. He said
he will check with Alan Ruf concerning Banyan Lakes.
25. City Council Reports
Ma or Falck said he attended a Sunflower/Heathgate meeting and the
topic of the Executive Airport case was di.scusscmd..
He said the League of Cities is in the process of developing a common
contract for solid waste that will be considered by most of the
municipalities in Broward County. He said the City expects to have,
within the next thirty days, a contract that will be beneficial to
all of the municipalities, at which time meetings. with the County
will start.
31. Mayor Falck Trip to Tallahassee on 2/10,.and 2/11, 1983 - Dis-
cussion and possible action.
SYNOPSIS OF ACTION: Agendized by Consent.
Authorization was given to Mayor Falck to
travel to Tallahassee on 2/10 and 2/11/83.
Mayor Falck said he has been asked to go to Tallahassee tomorrow for
projects relating to the Legislative Program that will be introduced
to the Legislature: the annexation, taxes, the City's share of the
1984 Sales Tax, the Road and Bridge Tax, School Funding and Grants.
He requested Council approve this trip on 2/10/83 and 2/11/83. C/M
Disraelly MOVED that Council authorize the Mayor to take a trip to
Tallahassee based on the 1983 Legislative action that will take place
and payment of such expenses as will be incurred. SECONDED by C/M
Krantz. The MOTION included the Agendizing by Consent.
VOTE: ALL VOTED AYE
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THE MEETING WAS ADJOURNED AT 4:45 P.M.
M Y0R
ATTEST:
ASSISTANT CITY CLERK
This public document was promulgated at a cost of $ 3 7 or $ 6X7
per copy, to inform the general public and public officers and euployees about
recent opinions and considerations by the City Council of the City of TaTrarac.
CITY OF TAMARAC
APPROVE /,9 -4
Q AT MEETING OF 11113 /<-7-.-
City Clerk
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