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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 - 8 - 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. - 17 - 2/9/83 /pm 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. i 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. - 19 - 2/9/83 /pm 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. ` 20 " 2/9/83 /pm 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. 21 - 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 - 22 - 2/9/83 /pm 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 - 23 - 2/9/83 /pm