HomeMy WebLinkAbout1980-02-13 - City Commission Regular Meeting Minutesr�
�A
u �+
RI�h-
P. 0. Box 25010
TAMARAC, FLORIDA 33320
FIRST CLASS MAIL
CITY OF TAMARAC, FLORIDA
CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, FEBRUARY 13, 1980
CALL TO ORDER: 9:30 A.M.
ANNOUNCEMENT OF TIME ALLOCATIONS - MOTIONS TO TABLE - The
Chair at this time, will announce those items which have been
given a specific time to be heard, and will entertain motions
from Council members to table those items which require addi-
tional research. Council may agendize by majority consent,
matters of an urgent nature which have come to Council's
attention after publication of this agenda.
TAMARAC UTILITIES - WEST
1. Comprehensive Regulations - Tem Ord. #726 relating to
rates, service, new development, etc. Discussion and
possible action - First Reading.
2. Developers' Agreements - Report by City Attorney - Dis-
cussion and possible action on adoption of form.
3. Interim Large User Agreement with Broward County - Repor
by City Attorney - Discussion and possible action.
4. Utility Facility Improvements - Discussion and possible
action on a timetable for improvements for submission to
Health Department for approval.
5. Operations Director - Report by City Manager - Discussion
and possible action,
6. Lorne Hunsber er - C.P.A. Discussion and possible
action to approve an invoice for services performed in
December 1979 - $300.00.
7. Lorne Hunsberger - C.P.A. - Discussion and possible
action to approve an invoice for services performed in
January 1980 - $780.00.
'3. Consent Agenda - Items listed under Item #8, Consent
Agenda are viewed to be routine and the recommendation
will be enacted by one motion in the form listed below.
There will be no separate discussion of these items. If
discussion is desired, then the item(s) will be removed
from the Consent Agenda, and will be considered sepa-
rately.
a) Minutes of 1/23/80 -- Regular Meeting - Approval
recommended by City Clerk.
(2/13-pgs.2,3)
Appd. on 1st Rdg
(2/13-pgs.5,6)
Lppd.with modifi-
:ations.
2/13-pg.6)Addtl.
liscussi.on for
2/2 7/80.
2/13-pgs.6,7)
lime table & cor-
'ective work
.-eaffirmed.
;2/13-pgs. ,8)
>upv'r.of Sewer
)perations Appd.
;2/13-pg.8)
'ayment Appd.
(2/13-pgs.8,9)
.Mgr.obtain de -
ailed info.
;2/13-pgs.11,12)
:),d),f),g)& k)
ippd: a) ,b) ,e) ,
i) , i ) & j ) Held
.or future.
(2/14-Pg.6) h) -
Appd. (2/14-pg.7)
a),b),i) Appd.&
j) - Tbld.
b) Minutes of 1/25/80 - Reconvened Regular Meeting -
Approval recommended by City Clerk.
c) Alan F. Ruf - Consulting Attorney - 2/11/80 - $1225.0
Approval recommended by City Attorney.
d) Shailer & Purdy - Special Attorney - 2/4/80 - $2643.0
Approval recommended by City Attorney.
e) Alexander Grant & Co. - Auditor - 9/24/79 - $825.00 -
Approval recommended by Finance Director.
f) Alexander Grant & Co. -- Auditor - 1/23/80 -- $1000.00
Approval recommended by Finance Director.
g) Alexander Grant & Co. - Auditor - 1/23/80 - $500.00 -
Approval recommended by Finance Director.
h) Lawrence Browning - AIA - Fire Station 2 - 2/l/80 -
$600.00 - Approval recommended by Finance Director.
i) Apelquist Construction Co. - Fire Station 2 - 2/5/80
$23,763.15 - Approval recommended by Chief Building
Official.
j) Arden Green Architect, Inc. - Cypress Creek Commons -
1/21/80 - $1000.00 - Approval recommended by City
Planner.
k) Bid Authorization - Business Auto Insurance -Approval
to go out for bid recommended by City Manager.
9. Broward Count Road Im rovement Projects - Appearance by
Mr. John Gerren, Director of Department of Transportation
relating to projects in the City. Discussion and pos-
sible action.
LEGAL AFFAIRS
(2/13-pgs.3-5)
County to reviev.
plans for 31st
Ave.
10. Executive Airport - Discussion and possible action on (2/14-pgs.1,2)
proposal by Milledge and Hermelee, Attorneys, to under- C.Atty.autho.
take legal -institutional feasibility analysis in regard to hire firm.
to the proposed expansion of Executive Airport.
11. Consultin Cit Attorney - Alan F. Ruf - Discussion and (2/14-pgs.2,3)
possible action on request for increase in hourly rate Increase appd.
charged for consulting and court appearance services.
12. Site Plan Procedures - Temp. Ord. #725 - Amending Code (2/14-pg.3)Appd.
Section 7-10 by permitting a single family subdivision on 1st Rdg.,witl
developer to submit only a final site plan to Planning corrections.
Commission and only final plats on individually platted
lots. Discussion and possible action. First Reading.
13. Beautification Committee - Tem . Ord. #715 - Revised - (2/13-pg.1)Tbld.
Discussion and possible action to expand the duties of for input
this Committee to review landscape plans prior to review
by Council. First Reading.
14. Administrative Refund of Fees - Temp. Ord. ##727 - Discus- (2/13-pg.3)Appd.
sion and possible action to amend Code Section 2-3 by on lst Rdg.,as
permitting the City Manager to administratively refund amended.
certain fees collected. First Reading.
15. Park Commissioner -- Appointment - Temp. Reso. #1502 -
Discussion and possible action to appoint a Park Commis-
sioner and set forth duties.
(2/14-pgs.4, 5)
-80-25 Passed
?.Kravitz Apptd.
16. Aquatic Weed Control - Matching Funds - Temp. Reso.#1504 -
Discussion and possible action to declare the waterways
public and accessible to qualify for State Patching Funds
for Aquatic Weed Control.
17. Criminal Justice Entitlement Funds - Temp_. Reso. #1506 --
Discussion and possible action to apply for the criminal
justice entitlement with the Florida Council on Criminal
Justice during Fiscal Years 1981 - 1983.
PUBLIC BEARINGS - 2:00 P.M.
18. Varsalona's Restaurant - Special Exception - Petition
#1-Z-80 - request for on -premises consumption of beer and
wine. Discussion and possible action - Temp. Reso.1.1505 -
(located at the Family Mart Plaza - University Drive and
McNab Road).
PAGE THREE.
(2/14-pg.5)
RESO.80-24
PASSED
(2/14-pg.5)
RESO.80-23
PASSED
;2/13-pgs.9,10)
ZESO.80-22
PASSED
19.
Pension Plan - Temp. Ord. #660 - Discussion and possible
(2/13-pg.10)
action to arlend the plan by removing Council appointed
RD.80-28 PASS
employees and contracted employees from this plan. Second
n 2nd Rdg.
Reading.
20.
Pension Plan - Temp. Ord. #661 - Discussion and possible
(2/13--pg.10)
action to amend the plan by providing for vested rights
RD.80-29 on
for employees with over 5 years service who terminate em_
nd Rdg.
ployment with the City. Second Reading.
21.
Flexibility Zone 61 - Temp. Ord. #716 - Discussion and
(2/13-pgs.10,
possible action relating to voluntary local:park dedica-
11)ORD. 80-30
tion in this area - being Land Sections 4, 5 and 6. Second
on 2nd Rdg.
Reading.
22.
Amendment to Burglar Alarm Ordinance -- Temp. Ord. #724 -
(2/13-pg.11)
Discussion and possible action - Second Reading.
ORD.80-31 on
2nd Rdg.,as
COMMU14ITY DEVELOPMENT
corrected.
23.
Financial Federal Savings/Loan Association - Discussion
(2/13-pgs•13,
and possible action �to�approve the site plan for this
14)Appd. with
project. (to be located between Commercial Boulevard and
conditions
57th Street at N.W. 70th Avenue).
24.
J & L. Hockman - Rezoning Request - from B-6 to B-2. Peti-
(2/13-pg.1)
tion #41-Z-79. Temp. Ord. #684. First Reading - Public
Withdrawn by
Hearing held 11/2$ 79. (Lyons Industrial Park - Lots 1 and
Petitioner
2 - Block 4 - east side of N.W. 94th Avenue - extending
southward for 250 feet from N.W. 58th Street, across from
Visual Graphics).
25.
Wedgewood - Discussion and possible action on:
(2/13-pgs.14-
16)
a) Revised Site Plan
)Appd.w-cond.
b) Outstanding matters of concern
c) Road Dedications - T�._Reso.`#1075
)Tbld.
26.
Sands Point - Phase 4 - Revised Site Plan for shuffleboard
(2/13-pg.16,17
court and canopy.
Tbd.for input
27.
Concorde Village - Model Sales Complex - Discussion and
(2/13-pg.17,18
possible action on request to extend permit for this
Appd. for limos
complex.
28. Woodmont Country Club_ - Revised Site Plan -- Discussion and (2/13-pg.18)Appi
possible action to approve a temporary triple -wide trailer. ith proper fee
pd/
29. Isles of Tamarac - Discussion and possible action on re- (2/13--pg.18)
cently constructed model sales complex. 31ans & fees to
�e reviewed for
/27/80 mtg.
� � r
PAGE FOUR.
30. Canal Reservation Release - Tea. Reso. #1503 - Discussion (2/14-pgs.5,6)
and possible action to release a canal reservation on ESO.80-26
Woodmont Tract 67 and 68. PASSED.
GENERAL ADMINISTRATIVE/FINANCIAL
(2/13-pg.12)
31. Mid -South Engineering - Discussion and possible action on onsider at Pre
proposal for signalization study on Commercial Boulevard genda Mtg.
at N.W. 50th Avenue.
32. Budget Adjustments - Discussion and possible action on
requests from:
2/13-pgs.12,13
a) Finance Department - request for typewriter from
/Pg&9)
Contingency to Capital Equipment.
b) Finance Department -- request for desk, chair and cal-
Appd.
culator from Contingency to Capital Equipment.
c) Building Department - request for photographic sup-
No action
plies from Contingency to Photographic Supplies.
required.
d) Public Works Department - request for bushog from
Appd.
Contingency to Streets and Grounds.
e) Public Works Department - request for mechanic from
Appd.
Contingency to Shops Personnel Services.
f) Recreation Department -- request for bahia and rye
Withdrawn
seed from Contingency to Recreation Department Mainte-
nance.
33. Capital Acquisition - _Personnel Department - Discussion
(2/13-Pg.13)
ppd. for $135.
and possible action to approve acquisition of a calculator
in lieu of a budgeted desk and chair.
REPORTS
34. City Council
(2/14-pgs.9,10
& 11)
35. City Manager
36. City Attorney
Copies of Legislation to be considered are available for
reviewing and purchase in the Office of the City Clerk.
CITY OF TAMARAC
MARILYN BERTHOLF,
CITY CLERK
SUBSEQUENT PUBLIC HEARINGS/SPECIAL MEETINGS WORKSHOPS
February 11, 1980 - Special Meeting - Building Dept.-10:30 AM
February 25, 1980 - Workshop Meeting - Comprehensive Plan -
10:30 A.M.
37. Williams, Hatfield - in Interconnection
(2/13-pgs.1,7,
with Broward County - Discussion and possible action.
8)C.Engr. to
prepare specif,
C.Mgr. to go
out for bid.
38. Purchase of Tank Truck - hauling of Sludge - TUI West Treat-
(2/13-pg.9)
ment Plant - Discussion and possible action.
Waldron Tank
Co.for survey;
C.Mgr. autho.
to purchase
truck.
F 7
1
L_
PAGE FIVE
39. Canal
Reservation Release in Land Sect,on 7 - Temp.Reso.
(2/13-pgs.18,
#1507
- Discussion and possible action.
19)Master
Plan to be
drawn ( 2/14-
pg.6) R-80--21
Passed.
40. Sludge
Removal. Trailer - Discussion and possible action.
(2/13-pg.19)
Outside ser-
vice appd.
41. Matter of Consideration of Special Counsel in M of
-
(2/14-Pg-10)
Mr.Shailer
_
Chief Building Official. D' p le action.
Discussion and possible
to be hired
at $75 per
hr., when
,nmeeded.
CITY OF TAMARAC, FLORIDA
REGULAR CITY COUNCIL MEETING
FEBRUARY 13, 1980
CALL TO ORDER: Mayor Falck called the meeting to order on Wednesday,
February 13, 1980, 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 Harry Wiener
Councilwoman Marjorie Kelch
ALSO PRESENT: City Manager, Edward A. Gross
City Attorney, Arthur M. Birken
City Clerk, Marilyn Bertholf
MEDITATIO14 & PLEDGE OF ALLEGIANCE: Mayor Falck called for a Moment of
Silent Meditation followed by the Pledge of Allegiance.
Mayor Falck indicated that should the meeting not be concluded this day,
it would be recessed to Thursday, February 14, 1980, at 9:00 A.M.
LEGAL AFFAIRS
13. Beautification Committee - Temp Ord. #715 - Revised -- Discussion and
possible action to expand the duties of this Committee to review land-
scape plans prior to review by Council. First Reading.
SYNOPSIS OF ACTION: Tabled for further input.
C/M Disraelly MOVED to table Item #13 for further input, and C/W Kelch
SECONDED.
VOTE: ALL VOTED AYE.
COMMUNITY DEVELOPMENT
24. J. & L. Hockman - Rezoning Request - from B--6 to B-2. Petition #41-Z--79.
Temp. Ord. #684. First Reading - Public Hearing held 11/28/79. (Lyons
Industrial Park - Lots 1 and 2 - Block 4 - east side of N.W. 94th Avenue -
extending southward for 250 feet from N.W. 58th Street, across from
Visual Graphics).
SYNOPSIS OF ACTION: Petitioner withdrew his
request for rezoning from B-6 to B-2.
C/M Disraelly advised that a message was received from Mr. Hockman,
as to the withdrawal of his petition on the rezoning requested, from
B-- 6 to B- 2 .
Mr. Birken stated that no action was required, but would be sufficient
information for the file.
Mr. Gross requested that Item 32 c) and f) be withdrawn, with no action,
which related to the Budget Adjustment for the Building Department and also
the Recreation Department.
Mr. Birken indicated that additional authorization for work with Williams,
Hatfield & Stoner on the force main interconnection, with Broward County,
was necessary.
37. Williams,Hatfield & Stoner - Force Main Interconnection with Broward
County - Discussion and possible action.
SYNOPSIS OF ACTION: AGENDIZED BY CONSENT
( See pages 7 and 8 )
V/M Massaro MOVED to AGENDIZE BY CONSENT, as to the force main inter-
connection, and C/M Wiener SECONDED.
VOTE: ALL VOTED AYE.
-1- 2/13/80
mr/
TAMARAC UTILITIES - WEST
1. Comprehensive Regulations - Temp. Ord. #726 relating to rates, service,
new development, etc. Discussion and possible action - First Reading.
SYNOPSIS OF ACTION: Approved on 1st Reading,
as amended, and additionally indicated.
The City Attorney read Temp. Ord. #726, and advised that distribution
was made of his memo, to Council, with recommended changes which were
determined after Mr. Nolan's review of the ordinance. Ile further added
that changes were noted on pages 6, 7, 28, 29 and 31.
V/M Massaro indicated that she would like Council's reaction to the
automatic 10% surcharge after 14 days, because she was not pleased
with this.
C/M Disraelly said that he made notes as to "no partial payment of any
bill rendered will be accepted, except by written agreement with the
City", which was stated on page 5, line 26. He felt that the 14 day
mailing period was not adequate.
Mr. Birken felt this was a continuation of the TUI policy, and said
this was being billed after the service has been received.
Mayor Falck felt that a surcharge was applicable when bills are not
paid, to which the Vice -Mayor indicated that if payment is not received
after 14 days, the service is disconnected. Also, she stated, that
a $10 disconnect charge, plus a $10 re -connect charge has to be paid
prior to renewal of service. She further felt that an additional 100
surcharge was not required.
Mr. Gross advised that there has been no problem since the October
operation, which related to surcharges, plus penalty payments.
Mr. Birken stated that he has had tremendous resistance from the Finance
Department and the Utility, on the hearing procedure as exists. He felt
that it was mandated by a U.S. Supreme Court decision,. and is not man-
dated for private utilities, but for public utilities because of the
State action under the Equal Protection and Due Process Laws of the
Constitution. He additionally stated that their regulations have been
in effect for a number of years, and readjustments have not been made.
Bob Hoyt, the Finance Director, indicated there has been static with
the 10% penalty clause, but was being enforced, and does give the City
a better cash flow. He was aware of questions about the 14 day delin-
quency period.
V/M Massaro felt that if the money comes in, then it keeps the rates
down for others.
C/M Disraelly inquired as to provisions being made for people who are
away for short periods of time, but do not want the water cut-off, to
which Mr. Birken replied that they are not charged for usage, but only
a minimum charge.
V/M Plassaro felt that the first three months average consumption should
be included, which is an estimate, and felt that the figures should be
reviewed. She discussed meter deposits, which result in a large sum
of monies, to which Mr. Hoyt concurred and said that the security deposit
could be re-evaluated..
Mr. Gross requested the opportunity to review the average consumption
for the meters, and would be returned to Council for second reading.
V/M Massaro inquired about construction meter rates, relating to multi-
family developments, to which Mr. Keating said consideration could be
given to adding this to the Developer's Agreement, rather than the rate
schedule.
Mayor Falck recommended that a Workshop should be held on this ordinance,
for further clarification, to which the Vice -Mayor said that she would
submit memos to Council, as related to the various items, after review
with the City Attorney and City Engineer, and anyone else that is in-
volved. She said that time is of the essence on the moratorium.
-2- 2/13/80
mr/
C/M Disraelly concurred with a short Workshop, for additional explana-
tion, and felt that memos could also be submitted by the Vice -Mayor.
C/W Kelch inquired about meter relocation, and the policy involved,
to which the Vice -Mayor indicated there was the possibility of a grant,
but said that Tamarac Utilities has been moving them, where it involved
a specific reason. She further stated that if the pipe breaks between
the street and the meter, that the Utility has been responsible for its
replacement. But, she stated, that the responsibility usually begins
at the property line, for the resident. The Vice -Mayor said this was
Tape important and required consideration, with anticipation of a grant for
Side the moving of the meters in the proper area.
#2
C/M Disraelly was in accord with the proposed grant, especially because
most of the homes in the western area did have meters in the rear or
side of the house, and involved a considerable amount of piping. It
did involve approximately 10,000 houses, he said.
Mayor Falck said that a proposal was made that $60 be placed for the
water meter installation, but as the program commenced, it was deter-
mined that the pipe could be included in that charge.
VIM Massaro said that the original grant east of 441 was for new
meters, and felt that something should be put into the regulations.
John Dunne of Tamarac South said that all plumbing was to be in copper,
but was galvanized, and required replacement.
Mayor Falck said that necessary input will be submitted on Comprehensive
Regulations, from the City Engineer, Finance Director, City Attorney,
and City Manager, prior to second reading.
VIM Massaro MOVED that Temp. Ord. #726 be approved on first reading,
as amended, and with the statements as indicated this day, and
C/M Wiener SECONDED.
VOTE: ALL VOTED AYE.
9. Broward County Road Im rovement Projects - Appearance by Mr.John Gerren,
Director of Department of Transportation, relating to projects in the
City. Discussion and possible action.
SYNOPSIS OF ACTION: County to review 31st Avenue
plans as to guar rail installation for the protection
of the residents; item to be agendized upon request'of Mayor.
C/M Disraelly suggested that the timing of the turning lights be re-
checked on McNab Road and N.W. 88th Avenue; also cars proceeding west
on McNab Road and north on 88th Avenue, the light changes too quickly.
He also indicated that the left -turn lights were removed on N.W. 88th
Avenue and Commercial Boulevard, and is creating a problem later in
the day.
C/W Kelch said that she has files going back to January of 1979, which
involved the widening of 31st Avenue, and the effect it would have on
those homes that were contiguous to the road. She said there were a
series of meetings, and the people believed that a buffer would be
instituted from the traffic, which was approximately nine (9) feet
from the rear of their homes. She additionally stated that a wall
was discussed, then a buffer of bushes, and she was then advised by
Mr. Rushing that "everything was off".
William Fink, was representing Tamarac Lakes -So.. residents, as re-
lated to the hazardous condition that was created at the intersection
of N.W. 31st Avenue and Commercial Boulevard. He said that the people
living in the 13 homes located on the east -side of N.W.. 31st Avenue,
just south of Commercial Boulevard, were fearful of.automobiles crashing
into their homes. This, he said, was due to the widening of 31st Avenue
by the County, to a six -lane roadway, with the distance between the east
curb anH the property line, being seven(7) ft. He referred to a memo
from Rafael Dena to C/W Kelch, dated Plarch 5, 1979, as to discussion
of this hazard with Joe Gerum, the Engineer in charge of the project.
The Assistant City Engineer felt that a wall should be built as soon
as possible, for the safeguard of the people, which was recommended to
be five (5) foot high and 700 feet long.
-3- 2/13/80
mr/
Emil Beutner inquired as to reflector plates being placed in the
areas of turning lanes, due to poor visibility at night, at 58th
Street; also on McNab Road and 88th Avenue.
Mr. Gross recommended that Mr. Beutner come to his office, and give him
this information, and, he, in turn, will submit this to Broward County
Traffic Engineering.
Mr. Gerren said that a guardrail was considered to be a safety feature,
but not a wall. He also felt that additional right-of-way would be
required by the people, in order to place such guardrails, which might
possibly be three to five feet.
Mr. Keating said the last letter from the County, from J.B. Rushing's
office, was in his file, as to the right-of-way existing in this area
would be completely utilized for construction of the roadway cross-
section. 1t was further noted that hedges or walls would have to be
built on private property, with the owners being held responsible for
these barriers. lie added that the County felt they should not pay for
any improvement in the area.
Mr. Gerren advised that their monies come from decisions of the Board
of County Commissioners, and they would accomplish whatever the City
wants, but with additional right-of-way.
Mayor Falck said that the necessary contact should be made to the Board
of County Commissioners, as to the present plans, and the hazardous
conditions involved; with the alleviation of the difficulty being
created by the additional traffic on the widened roadway.
Mr. Birken said that a determination should be made as to the property
owners giving up some right-of-way; also, that a delegation should at-
tend a Board of County Commissioners meeting.
C/W Kelch requested that this item be heard again at the next regular
City Council meeting.
Mr. Gerren indicated that plants could still be included, during the
time the roadway was still under construction, or guardrails, but would
require designation by the people, with additional easement. He con-
curred with C/M Disraelly that heavy foliage was an adequate barrier,
and would be aesthetically pleasing.
Mr. Birken confirmed the fact that the County will put in the plants,
at their expense, to an easement,but the property owner would be res-
ponsible for the maintenance.
C/W Kelch said that because all the property owners involved were present
this day, she would request a vote be taken by them, in order to advise
Mr.Gerren of their needs,with verbal verification.
Tape
Side Council agreed that the item should be taken to the Board of County
#3 Commissioners, because the people did require some support.
Mr. Gerren said that either the plantings or the guardrail could be
installed, but not both, and would wait for their designation, in
order to proceed.
Mx. Gross suggested that a temporary light be installed on 81st Avenue
and McNab Road, in North Lauderdale, due to the present congested inter-
section. He said the McNab Road plans did indicate an eventual traffic
light, to which Mr. Gerren indicated that he was aware of the problems
in the area, and would attempt to comply as soon as possible.
Alan Bernstein, a resident of Tamarac, discussed the complaints received
which related to the contractor disregarding the safety of the residents.
He stated the lack of flagmen at Banyan Lane, Woodlands Boulevard and
Guava Drive intersections, did make turns hazardous. He also added
that there were loose stones over the road, with large holes in the
roadway, at the turning areas. Mr. Bernstein indicated that the main-
tenance of the barriers were not being replaced for a period of 12 to
14 hours.
Marion Weil of Section 6 said that golfers push the button to change
the traffic light, which does occur during rush hours, and "backs"
-4- 2/13/80
mr/
up the traffic to Prospect Road. She indicated that she made a left
turn on a red light, because it never changed. She additionally stated
there were no flagmen in the area.
C/W Kelch discussed a letter that the City received on January 31st,
from Mr. J.B. Rushing, which concerned the lack of safety, and the
use of the sidewalk presently being installed along Commercial Boulevard
on the south side, across the street from Sunshine Plaza, immediately
west of 441. She said that due to the elevation of the road on the
south side, which has been raised above the grade, a slope has been
created with the sidewalk installation. C/W Kelch said the space
is approximately 20 to 25 feet, and requested that some safety mechanism
be installed, which is especially hazardous to the elderly residents.
F
Mr. Fink advised that the people have agreed with a safety barrier, but
it was decided that if the County is going to install a sidewalk, that
the barrier be placed behind it, away from the road. An additional re-
quest was for Coco. Plum trees, five feet in height, and the property
owners would give three feet of easement to the County.
Mr. Gerren said that he would present this to the Board of County Com-
missioners, and a determination would be made as to the guardrail being
installed on the street side or inside; also as to approval of the
Coco Plum trees. He said that Mayor Falck will be contacted after
his meeting with the Consulting Engineer; with recommendations for the
City to obtain signatures of the residents for this easement.
Mr. Gross said a few years previous, at the time that the County took
over the Traffic Division, it was determined that a substantial number
of the street signs would be re -done, especially the concrete markers.
He said they were in very poor condition.
Mr. Gerren said that he would request Dick Mercer to present a compre-
hensive plan on the subdivision work that is being instituted.
Florence Bochenek requested that a sign be placed on N.W. 77th Street
and Westwood Drive, on the west side of the road, because the street
designation cannot be seen in the dark. The Vice -Mayor suggested that
it be presented to the City Manager.
Mr. Gross replied to a question of C/M Disraelly's, by stating that
two median signs were requested, one for Lagos de Campos and 88th Avenue,
and 94th Avenue and Commercial Boulevard.
2. Developers' Agreements - Report by City Attorney - Discussion and
possible action on adoption of form
SYNOPSIS OF ACTION: General Format of the Agreement,
with modifications to each project, is approved.
Mr. Birken advised that the Agreement was a model one, which was basic,
and used by Broward County. He requested approval of the format, as
to it not being offensive to Council or omitted, and could be distribu-
ted to developers, requesting them to submit executed agreements and
checks. He anticipated that the moratorium would be lifted by the
next City Council meeting.
The City Attorney said that the material is on hand, such as pipes,
and was discussing about going out for bid, and the two -week construc-
tion period. He felt that at the time the work is completed, there
would not be enough development to materially affect the existing plan,
as to where the sewage would be going for treatment. He felt that it
was not necessary, engineering -wise, for the inter -connection to phys-
ically occur, before the moratorium is lifted. He added that they were
prepared to hire a contractor.
V/M Massaro said that it would take a six (6) week period for comple-
tion. The Consultant's Report, he said, states the need for iron capacity,
Mr. Keating said that thirty (30) days in construction time would be
sufficient for equipment to commence with the work in the field. The Con-
sultant's Report states a need for iron capacity, and is 4.9 million gals.
per day; on completion of the report, the average flow into the plant
was 4.6 million gallons per day. He stated that problems were being
experienced at the plant, because it is the peak of the season, and
-5- 2/13/80
mr/
did not suggest holding up the lifting of the moratorium..
V/M Massaro inquired about the safe time in lifting the moratorium,
to which Mr. Keating said that the force main inter -connection would
be realistically completed in 8 weeks, but would have no qualms about
lifting the moratorium in two weeks.
C/M Disraelly asked whether every single home and commercial connection
which has been approved to -date has sufficient ERC's, to which 14r.Gross
replied that a group of Concord Village apartments does not, but has
been waived.
V/M Massaro said that some of the ERC's have been transferred to other
areas, and may be seeking connections, with the availability supposedly
being on paper.
It
Mr. Gross advised that Mr. Nolan was working this out, and expected
that it would be determined by next Wednesday.
Mr. Birken said that a time -table would be established, in order to
be assured of the lifting of the moratorium by the second meeting in
February. This, he said, would require distribution of the Developers'
Agreements for review, execution and submission of contribution charges,
as to the availability of the money for improvements, which involved
approximately $300,000 or more. He felt if the moratorium could not
be lifted by that period of time, then the checks could be returned or
held in escrow.
V/M Massaro indicated a deletion in Exhibit "C", Guaranteed Revenues,
paragraph 3, the third line from the bottom, the second word "any" should
be removed, after "forfeited".
C/M Disraelly inquired whether construction water should be provided in
the Developers' Agreement, to which Mr. Birken responded that it did
require payment for this service.
Mr. Keating said this problem would be addressed in the extension
policy, or the rules and regulations, pursuant to the earlier discus-
sions, and would be clarified.
V/M Massaro MOVED that the general format of the agreement, and general
content, with the understanding that there will be modifications for
each individual project, be approved, and C/M Disraelly'SECONDED.
VOTE: ALL VOTED AYE.
3 =_-Large• - g o _.n County - Report by City
. AttorneyDiscuer „o�reedent�,i.th._ ,Browar,_..`._.�
_Agreement with d
Discussion an possible ble action.
SYNOPSIS OF ACTION: Additional discussion to
be held for the 2/27/80 meeting.
Mr. Birken said that the agreement has not been put in final form.
He added that the County Utility Director and the Assistant General
Counsel who prepared the initial draft, did receive comments from
the City Engineer, the Consulting Engineer and himself. He further
stated that a meeting will be arranged shortly, in order to review the
comments, and establish the final form. The City Attorney further added
that it was anticipated the approval of the document by the County Com-
mission,would be on the 26th of February, and the City Council on the
27th of February, 1980. Copies of the document, in_its current form,
could be distributed at this time, he said.
Mayor Falck requested the City Clerk to note this item for discussion
at the meeting of February 27, 1980.
4. Utility Facility Improvements - Discussion and possible action on a
timetable for improvements for submission to the Health Department for
approval.
SYNOPSIS OF ACTION: City Council reaffirmed their
.position, as to time -table and corrective work.
Mr. Keating indicated that in Mr. Birken's recommendations for the
lifting of the moratorium, there was an item of approval by the Health
Department of action by the.City for various construction items. He
-6- 2/13/80
mr/
further added that a memo was sent to the City Manager, dated 1/14/80,
which outlined the Consulting Engineer's thoughts, and his own, as to
what should be done, plus an approximate. time frame. Mr. Keating
felt that in order to expedite this, that a copy of the memorandum be
sent to the Health Department, for their comments. He requested that
Council reaffirm its intentions for procedure with the memo, and the
recommended schedule.
Mr. Keating said that the consulting work has been authorized for loca-
tion of new sites for raw water wells, and analysis of the water distri-
bution system.
Mr. Birken noted that the Health Department submitted a list of items
that were required to be done, in November of 1977. He said that the
Utility was taken with the understanding that this would be accomplished.
He additionally stated that Mr. Keating advised the Health Department
of the proposed schedule, at staff level, but there was a question of
policy decision as adhering to the time -table.
Mr. Keating said there was a question as to recognition by the Health
Department of the ERC's, because of the need for expanding the raw
water capacity, and the need for instituting the improvements to the
distribution lines from the treatment plant to University Drive. He
felt that sites would be located for more than two wells, in order to
plan for future expansion, which would be close to the treatment plant.
C/M Disraelly advised that the memo from Mr. Birken, dated 1/24/80,
covered seven items, which included the Health Department, plus the
regulations and the Developers' Agreement.
V/M Massaro MOVED that the City Council reaffirm their position approv-
ing the schedule as set forth by the City Engineer and the Consulting
Engineer,and will proceed in good faith and do everything in their power
to meet the schedule, as to the time -table for the drilling of wells
and corrective work at the sewer plant. C/W Kelch SECONDED.
VOTE: ALL VOTED AYE.
5. Operations Director - Report by City Manager - Discussion and possible
action. -
SYNOPSIS OF ACTION: To be recalled later
in the day. (See page 8)
Mr. Gross said that the City Engineer recommended asupervisor for
the sewer plant operation, which position will be in force on 2/27/80;
Tape because he is presently employed. He said the City Engineer may suggest
Side other changes at a later date, and this man will not be placed imme-
#4 diately as an Operations Director, because another gentleman is presently
in the area, who is very familiar with the operation. After both men
have coordinated the work, there will be a review of the progress,by
the City Engineer, who will submit his recommendation as to the appoint-
ment of a Supervisor of Operations.
V/M Massaro respectfully requested that this item be handled later in
the day, in order to allow the City Manager to respond to questions of
Council, to which Mayor Falck concurred, and indicated that the item
would be called at 1:30 P.M.
37. Williams, Hatfield & Stoner - Force Main Interconnection with Broward
County - Discussion and possible action for the preparation of specifica-
tions.
SYNOPSIS OF ACTION: Consulting Engineer authorized to
prepare specifications for bidding process; and City
Manager authorized to go out for bid.
Mr. Birken said that Council authorized Williams, Hatfield & Stoner to
prepare the specifications for the force main interconnection. He,stated
that after speaking with Rick Wohlfarth, it was determined that they
were proceeding ahead of budget; which was a maximum of $4500 ,at hourly
rates. He further added that they were confident of getting through the
bidding stage, on that allocation, and would request additional authori-
zation to permit the continuation of the work on the $450Q allocation
through the preparation of the bidding documents, and awarding of the
bid.
-7- 2/13/80
mr/
The City Attorney additionally stated that the specs have been prepared,
and they would advise on the awarding of the bid. Iie also requested
that authorization be given to go out for bid.
V/M Massaro MOVED that Williams, Hatfield & Stoner, the Consulting
Engineers, be authorized to move forward and prepare the specification
for the bidding process, and they be authorized to do whatever is neces-
sary to examine these bids, when they come in, and be available for the
opening, in order to have the bid awarded the same day, and have the
work move forward as expeditiously as possible. There will be no addi-
tional cost attached, and be within the $4500, which has been previously
approved. Also, that the City Manager be authorized to go out for bid
as soon as the necessary documents have been prepared by Williams,
Hatfield & Stoner. C/M Disraelly SECONDED.
VOTE: ALL VOTED AYE.
MEETING WAS RECESSED TO 1:30 FOR LUNCH.
MEETING WAS CALLED TO ORDER, ROLL CALL TAKEN, AND ALL PRESENT.
5. Operations Director - Report by City Manager - Discussion and possible
action.
SYNOPSIS OF ACTION: City Manager selection be
approved for position of Supervisor of Sewer
Operations. (See page 7)
V/M Massaro and C/W Kelch indicated they received answers to their
questions, by the City Manager. V/M Massaro MOVED that the City Manager
selection be approved for the Supervisor of Sewer Operations. She said
that one man specializes in water,also knowedgeable with sewer; but this
gentleman is the sewer specialist, and is knowledgeable in water, and
would coordinate their capabilities. C/W Kelch SECONDED.
VOTE: ALL VOTED AYE.
6. Lorne Hunsberger - C.P.A. - Discussion and possible action to approve
an invoice for services performed in December 1979 - $300.00.
SYNOPSIS OF ACTION: Payment approved.
Mr. Gross stated that two bills were submitted; with one being $50 per
hour, and the other at $60 per hour. He did not approve the increased
figure, but would recommend payment of the $300.00 invoice. The City
Manager did state that there was no formal contract with Mr. Hunsberger,
but a verbal one.
C/M Disraelly MOVED for payment of the invoice dated 12/10/79, in the
amount of $300.00, and V/M Massaro SECONDED.
VOTE: ALL VOTED AYE.
7. Lorne Hunsber er - C.P.A. - Discussion and possible action to approve
an invoice for services performed in January 1980 - $780.00.
SYNOPSIS OF ACTION: City Manager requested to send a
,tter, for aetailed information on the work involved.
Mr. Gross indicated that this bill inovolved the $10 per hour increase,
and felt that Council did not authorize him to pay this, because it
was not established. Ile said that Mr. Hunsberger claimed that he read
and interpreted First Boston data; also that paperwork which is sent to
him, has to be read, and involved this billing. Mr. Gross did notify
him there would be no additional bills, unless authorized by the City
Council.
Mr. Birken advised that Mr. Hunsberger was apparently on the distribu-
tion list; received material, and indicated that he read them.
C/M Disraelly requested that a report be submitted by Mr. Hunsberger,
which would be included in his fee.
-�- 2/13/80
mr/
Mr. Gross additionally stated that the minutes of the Council meeting
indicated his fee to be established at $50.00 per hour, which would
involve consultant work for the City.
Mayor Falck suggested that a letter be written requesting details of
specific information, as to the work involved, to which Mr. Gross
advised that he would handle this on Thursday, 2/14/80.
Mr. Gross requested that the following item be agendized.
38. Purchase of Tank Truck - Hauling of Sludge - TUI West Treatment Plant -
Discussion and possible action.
SYNOPSIS OF ACTION: AGENDIZED BY CONSENT
Waldron Tank Co. to be hired for su°fvey; plus
authorization to City Manager for purchase of a truck.
V/M,Massaro MOVED that the item regarding the purchase of a Tank Truck
for Utility West, be AGENDIZED BY CONSENT, and C/W Kelch SECONDED.
VOTE: ALL VOTED AYE.
Mr. Gross requested consideration of this item on an emergency basis,
because the present tank truck is not suitable for this operation. He
further added that an outside service was coming in, with a cost of $1,000
per day, but the existing tank truck leakage was a Health Dept. violation.,
Mr. Keating indicated that the need for this tank truck involves the
most critical areas in the operation of the Utility plant; for hauling
of sludge to the farm. He also stated that the outside service involved
the sum of $800 to $1,000 per day. The old trailer, he said, was worn
thin, and could not be welded; but used trailers could be purchased,
and an appraisal firm would be contacted, as to an evaluation, and the
best purchase price.
Mr. Gross said he received two figures; one for $18,200 and _another for
$21,500, with both being double the cost of a used trailer.
Mr. Keating said that he reviewed the road situation with Ralph Thissen,
and it was determined that the road washes out with heavy rainfall, but
felt that the road itself would support a larger vehicle, in the area
of 35 or 40 tons in liquid. He felt that the trailer being considered
could be hauled by the truck.
Mr. Gross requested that the Waldron Tank Co.be authorized for contract
of purchase, which could be handled this day.
C/M Disraelly recommended that a survey be made.
Mr. Gross said that authority should be given for a maximum of $9,950
to be spent for a tank truck; with a second motion to include the
hiring of the Waldron Tank Co to institute a survey, at a cost not to
exceed $100.00 per truck.
C/M Disraelly MOVED that Waldron Tank Co. be hired to survey tank
trucks that are available to the City, at a cost not to exceed $100.00
per truck; that if one of these trucks is in a condition that is satis-
factory to the City Engineer and to Waldron, that the City Manager be
authorized to purchase that truck, at a price not to exceed $9,950.
Also, that the funds be taken from the General Reserve Account of
Utility West.,#429-371-536-643, and be declared an emergency due to the
healthful operation of the utility plant, due to the existing truck
leakage, and the action of the Health Department against the City.
V/M Massaro SECONDED.
VOTE: ALL VOTED AYE.
PUBLIC HEARINGS
18. Varsalona's Restaurant - Special Exception - Petition #1-Z-80 -
request for on -premises consumption of beer and wine. Discussion and
possible action - Temp. Reso. #1505 - (located at the Family Mart Plaza -
University Drive and McNab Road).
-9- 2/13/80
mr/
SYNOPSIS OF ACTION: Approved RESOLUTION NO.R- /0 _PASSED.
The City Attorney read Temp. Reso.#1505.
C/M Disraelly inquired whether there was a newspaper ad announcing the
item being heard at the City Council meeting, to which the City Clerk
responded in the affirmative.
Mayor Falck opened the discussion to the public, and closed it because
there were no public comments received.
C/M Disraelly MOVED for the approval of Temp. Reso. #1505, a special
exception for the consumption of beer and wine, to be served on premises,
no later than 2:00 A.M. local time. C/W Kelch SECONDED.
VOTE: ALL VOTED AYE.
19. Pension Plan - Temp. Ord. #660 - Discussion and possible action to amend
the plan by removing Council appointed employees and contracted employees
from this plan. Second Reading.
SYNOPSIS OF ACTION: Adopted on 2nd
and final reading.
ORDINANCE NO.O- PASSED.
The City Attorney read Temp. Ord. #660, and stated that Council did
receive copies of the Statement of Actuarial Impact from the Actuary,
which is required by State Law.
Mayor Falck opened the discussion to the public, and closed it because
there were no public comments received.
C/M Disraelly inquired as to whether withdrawal from the plan required
a letter or notice to the Pension Board, to which Mr. Birken replied
that it did. He then MOVED for the adoption of Temp. Ord. #660, on
second and final reading, with the insertion on page 2, line 6, the
date of February 13, 1960, and C/W Kelch SECONDED.
VOTE: ALL VOTED AYE.
20. Pension Plan - Temp. Ord. #661 - Discussion and possible action to amend
the plan by providing for vested rights for employees with over 5 years
service who terminate employment with the City. Second Reading.
SYNOPSIS OF ACTION: Adopted on 2nd ORDINANCE NO.0-J"0--�) % PASSED.
and final reading.
The City Attorney read Temp. Ord. #661, indicating there was one word
change in the Ordinance. He also stated that the Actuary notified the
City that it was not necessary to submit a Statement of Actuarial Impact,
which would not have any effect on the system.
C/M Disraelly indicated that page 1, paragraph (2), should read as
follows; Refund of Accumulated Contributions, in which event no pension
shall be payable".
Mayor Falck opened the discussion to the public, and closed it because
there were no public comments received.
C/M Disraelly MOVED for the adoption of Temp. Ord. #661, amending the
Pension Plan, which is effective this date, on second reading, and
C/M Wiener SECONDED.
VOTE: ALL VOTED AYE.
21. Flexibility Zone 61 - Temp. Ord. #716 - Discussion and possible action
relating to voluntary local park dedication in this area - being Land
Sections 4, 5 and 6. Second Reading.
SYNOPSIS OF ACTION: Adopted on 2nd ORDINANCE NO.O- ,/Ow.3o PASSED.
and final reading.
The City Attorney read Temp. Ord. #716.
Mayor Falck opened the discussion to the public, and closed it because
there were no public comments received.
-10- 2/13/30
mr/
V/M Massaro MOVED for the adoption of Temp. Ord. #716, on second and
final reading.
C/M Disraelly inquired as to the monies going into the Trust Fund, as
changes occur in its value, with no resolutions being required in the
future, for land value.
Mr. Birken replied that the value of land is determined by the latest
sale or property evaluation, whichever is higher, and is included in
the County Platting Regulations. He additionally stated that it related
to undeveloped land.
C/M Disraelly SECONDED.
VOTE: ALL VOTED AYE. r
22. Amendment to Burglar Alarm Ordinance - Temp. Ord. #724 - Discussion and
possible action Second Read'-..__. ._
p - Reading.
SYNOPSIS OF ACTION: Adopted on 2nd reading,
as corrected.
ORDINANCE NO.O- S'0 :.3 PASSED.
The City Attorney read Temp. Ord. #724, and advised of a scrivener's
error in the typing of the title, on the third line, it should be
corrected to read;"ARTICLE IX" in place of."X".
Mayor Falck opened the discussion to the public, and closed it because
there were no public comments received.
Tape
V/M
Massaro MOVED that Temp. Ord. #724 be approved on second and final
Side
reading, with the correction in the title from Article X to Article IX,
#5
and
C/W Kelch SECONDED.
VOTE:
ALL VOTED AYE.
8.
Consent Agenda
a)
Minutes of 1/23/80 - Regular Meeting - Approval recommended by
City Clerk.
b)
Minutes of 1/25/80 - Reconvened Regular Meeting - Approval recom-
mended by City Clerk.
c)
Alan F. Ruf - Consulting Attorney - 2/11/80 - $1225.00 -- Approval
recommended by City Attorney.
d)
Shailer & Purdy - Special Attorney 2/4/30 - $2643.00 - Approval
recommended by City Attorney.
e)
Alexander Grant & Co. - Auditor - 9/24/79 - $825.00 - Approval
recommended by Finance Director.
f)
Alexander Grant & Co. - Auditor - 1/23/80 -- $1000.00 -- Approval
recommended by Finance Director.
g)
Alexander Grant & Co. -- Auditor - 1/23/80 - $500.00 Approval
recommended by Finance Director.
h)
Lawrence Browning - AIA - Fire Station 2 - 2/l/80 - $600.00 -
Approval recommended by Chief Building Official.
i)
Apelquist Construction Co. - Fire Station 2 - 2/5/80 -- $23,763.15 -
Approval recommended by Chief Building Official.
j)
Arden Green Architect, Inc. - Cypress Creek Commons -- 1/21/80 -
$1000.00 - Approval recommended by City Planner.
k)
Bid Authorization - Business Auto Insurance - Approval to go out
for bid recommended by City Manager.
SYNOPSIS OF ACTION: c), d), f), g) & k) Approved
a), b), e), h), i) and j) Held for future input.
VOTE:
C/M Disraelly requested that Items a), b), e), h), i) and j) not
be approved, with Items c), d), f) and g) to be approved, with
Item k) being removed for separate discussion, and so MOVED.
V/M Massaro SECONDED.
ALL VOTED AYE.
Mayor Falck discussed Item k), which related to Bid Authorization,
and felt that it should be granted. IIe said that the premium paid
on this contract last year totaled $54,000, with losses for the
first eight months of the contract was in the amount of $100. lie
additionally stated that the City should consider self-insurance,
-11- 2/13/80
mr/
but felt that the City Manager should be authorized to go out for bid.
The Mayor said this did not involve collision.
C/M Disraelly said that an appropriation has been set aside for such
insurance, and could be transferred from an insurance fund to a self-
insurance fund.
Mayor Falck indicated that the City Manager go out for regular bid,
also suggesting that a small change be made for comprehensive. He
did state that Risk Management was handling compensation, and might
possibly present a lesser figure, which could be considered. The
Mayor reiterated that the payment was too high, but was pleased with
the $100 losses. He further added that once the bids have been sub-
mitted, and does not conform with the amount the City should be paying,
that self-insurance should be investigated.
C/M Disraelly MOVED that the City Manager be authorized to go out for
bid, for Business Auto Insurance, and V/M Massaro SECONDED.
VOTE: ALL VOTED AYE.
V/M Massaro MOVED that the balance of the items on the Consent Agenda,
be tabled for further action, and C/W Kelch SECONDED.
VOTE: ALL VOTED AYE.
GENERAL ADMINISTRATIVE/FINANCIAL
_ . Mid-Southneering - Discussion and possible action on proposal for
._,. f-. Engineering _ _ --
si nalizaipn study on Commercial Boulevard at N.W. 50th Avenue.
SYNOPSIS OF ACTION: Held for consideration
at the Pre -Agenda Workshop Meeting.
Mr. Gross indicated that a copy of the letter received from Mid -South
Engineering was distributed to Council; also, after discussion with
them, it was determined that both Phase 1 and 2 will be handled by them,
at a fee not to exceed $1,000.00.
V/M Massaro said that she discussed this with Mr. Gross; also, noting
that Council has a copy of a letter received from Dick Mercer, which
indicates that after the road is in, this area will be re-evaluated.
She was pleased with the price received from Mid -South Engineering, but
felt that nothing should be done at this time, until the survey has been
completed. The Vice -Mayor suggested consideration of this item for the
Pre -Agenda Workshop Meeting, but should not be agendized until it is
requested by Mayor Falck.
32. Budget Adjustments -.Discussion and possible action on requests from:
a) Finance Department - request for typewriter from Contingency to
Capital Equipment.
b) Finance Department - request for desk, chair and calculator from
Contingency to Capital Equipment.
c) Building Department - request for photographic supplies from Con-
tingency to Photographic Supplies.
d) Public Works Department - request for bushog from Contingency to
Streets and Grounds.
e) Public Works Department - request for mechanic from Contingency to
Shops Personnel Services.
f) Recreation Department -- request for bahia and rye seed from Contin-
gency to Recreation Department Maintenance.
SYNOPSIS OF ACTION: Held for consideration
at the reconvened meeting of 2/14/80.
C/M Disraelly indicated that new input has been received from the
Finance Officer, with a change in the verbiage of the agenda, as to
requests for all the funds to be taken from Contingency. After discus-
sion with Mr. Thomson, and review of such items, a new formula has been
submitted for transfers being made within the departments. He felt
that many of the items under discussion could be handled intra-department
rather than coming out of Contingency.
V/M Massaro said that staff members should be aware that monies could
-12- 2/13/80
mr/
not be transferred, unless there is adequate proof that the particular
line item would not be "short" in the future, and would carry them
through the budget year.
a) Mr. Gross stated that the typewriter presently being used in
the Purchasing Department has had numerous breakdowns, and was
not considered to be adequate for heavy duty. For that reason,
he said, the Finance Department requested the purchase of one
typewriter, for an intra-department budget transfer, in the amount
of $875.00.
Mr. Hoyt advised that all transfers are to be taken intra-department,
which will be handled administratively. All other items that will
be transferred between Aine items, except for Capital request,
should be authorized by Council, he said.
C/M Disraelly felt that Council should be aware of the line item,
in order for such presentation to not be considered at a future
time.
Mr. Hoyt said that it was his understanding from the Assistant City
Manager, Laura Stuurmans, that it was not required, at this time,
to so designate this information to Council.
V/M Massaro said.that due to the discussions, she would request
that these items be continued at the recessed meeting of 2/14/80,
in order to know where the monies are coming from. She felt that
the request was proper, but would prefer additional information.
The Vice -Mayor said to hold Item 3.2, in its entirety, for 2/14/80.
33. Capital Acquisition - Personnel Department - Discussion and possible
action to approve acquisition of a calculator in lieu of a budgeted
desk and chair.
SYNOPSIS OF ACTION: Approved for $135.00.
VOTE:
Mr. Gross advised that a desk and chair has been supplied to that
department from within the City Hall, but they do have the constant
need for a print-out calculator, for pension, vacation and termination
schedules.
C/M Disraelly said that based on the recommendation presented, which
will indicate the area the funds are being taken from, and MOVED that
the Capital Furniture Account, #178--519-642, in the amount of $135.00,
be transferred to Capital Equipment Account, #178--519-641, and V/M
Massaro SECONDED.
ALL VOTED AYE.
COMMUNITY DEVELOPMENT
23. Financial Federal Savin s Loan Association - Discussion and possible
action to approve the site plan for this project. (to be located between
Commercial Boulevard and 57th Street at N.W. 70th Avenue).
SYNOPSIS OF ACTION: Approved with conditions.
V/M Massaro advised that the fees have been paid for the retention
storage area and drainage improvement, in the amount of $2450.00 and
$1.75.50.
C/M Disraelly inquired as to whether the Developer's Agreement has been
addressed, as required in the resolution approving the plat. Ile further
stated that the plat read; "that the property owner shall enter into a
Developer's Agreement with the City on the question of the Development
Review Requirements", and was dated October 1979.
V/M Massaro said that an agreement was still required, but the retention
areas have been accomplished.
C/M Disraelly then stated that if this is approved, it would be subject
to a C.O., only stubbed out to the water and sewer, if they want to
start construction, with no final inspection.
-13- 2/13/80
mr/
Mr. Birken said if they do not execute a Developer's Agreement for
water and sewer, prior to the lifting of the moratorium, that the
site plan approval be "null and void". He said that under the new
regulations, the contribution charges would be paid prior to, or at
the time of site plan approval.
C/M Disraelly inquired about the Beautification Plan approval, to
which the Vice -Mayor said it has been signed; with sprinkler and head
locations - rust free, and had red -lined markings.. She said that the
City Planner was required to give Council a report on the beautifica-
tion.
C/M Disraelly noted that the Landscape Plan was approved by the Plan-
ning Commission on September 5, 1979. He said that the site plan
should indicate a sign that states "do not enter", which would be lo-
cated on the west side of the drive -through lane, because of the north -
south driveway at that point. He indicated that the Planning Commission
recommended that a sign state "drive -up only", which should be placed
on the entrance off 70th Avenue, and has not been noted on the site plan
He presumed that the area between the bank and 57th Street would be
landscaped, as shown, with grass and a hedge, plus nine Live Oak trees.
V/M Massaro MOVED for the approval of the site plan for Financial
Federal S/L, subject to; 1) a sign that states "drive -up only", at the
southerly drive on 70th Avenue, the single -lane drive; 2) a sign on
the same driveway, at the West Commercial Boulevard entry, that states
"do not enter"; 3) subject to a rust -free sprinkler system, as indi-
cated on the site plan; 4) subject to a Developer's Agreement, which
will indicate that there will be no final inspections or C.O.s, until
such time as the moratorium is lifted; 5) and all other Development
Review Requirements have been satisfied; 6) if the sewer agreement is
not entered into before or at the time of the lifting of the moratorium,
that the approval of the site plan will be "null and void"; 7) all
appropriate bonds should be placed before any permits are issued; 8) all
appropriate fees are to be paid. C/M Disraelly SECONDED the motion.
VOTE: ALL VOTED AYE.
25. Wedgewood - Discussion and possible action on:
a) Revised Site Plan
b) Outstanding matters of concern
c) Road Dedications - Temp. Reso` #1075
SYNOPSIS OF ACTION: a) Approved with conditions
c) Tabled
a) V/M Massaro indicated that she viewed the site, and discussed this
previously about striking some elevations, in order to handle this
area properly. She felt that a "contour Topo"of that area should
be made, because it was deceiving, and said that the Engineers
should strike some elevations. The Vice -Mayor said that the area
was very uneven, and was not sure that grading could accomplish
this. She additionally stated that engineering should be done ac-
cording to accurate calculations and criteria.
Gene Hahn said there was a suggestion by the City Engineer, for
valley gutters to be used, which would be efficient.
b) V/M Massaro stated that Mr. Hahn recommended that a stain could be
'ape put into the concrete, rather than paint, which peels. She said
Side that the majority of people would like whatever would give them the
#6 least amount of problems. She advised that a gentleman obtained sig•
natures from the various people living in the area, with five of the
twenty-five units being unoccupied. She said that four people did
not want to sign approval of the valley gutters, and another person
definitely did not like these gutters; but the balance were in favor
Of it. She reiterated that there should be a contour map of the
area, and made this request of Gene Hahn, because the drainage could
not be determined.
The Vice -Mayor said the area will be "flooded" , in order to deter-
mine which swales need correction, and those which have to be redone
will be accomplished by Mr. Hahn; also, to not impose an unfair
-14- 2/13/80
mr/
hardship.
Mr. Hahn referred to Building 25, where there was an apron around the
catch basin, that was dropped, because the water was coming into the
grass swale, but holding because it could not get over the apron. It
was saw -cut, he said, and dropped. He did state there was a catch
basin on the west side of the island.
C/M Disraelly said that he received four phone calls from people who
were opposed to the valley gutter, but wanted the water eliminated.
V/M Massaro recommended that Council hold back approval on Building 1,
and Mr. Hahn put up a $10,000.00 cash bond to complete all of this
work. She also said there will be an agreement as to exactly what has
to be done, and in order for Mr. Hahn to get the four C.O.s, with
Building #1, not being C.O.d. She further stated that as soon as the
area is flooded, and the contour topo is presented, then the agreement
could be written, with a specific time element indicated for the work.
Gene Hahn presented a check to the City Clerk, for 12 months street
light maintenance, in the amount of $2,853.96.
V/M Massaro said that the City Attorney determined that this is the
obligation of their Association, and the City has no jurisdiction over
it, with the people living there obtaining approval for further enclo-
sures in the area. She further stated that if Council approves the
amended site plan, then the existing structures will have an automatic
approval. The Vice -Mayor said this meets the City's requirements, and
does not violate any laws, but it was the association that would be
making the decision.
David Felsenstein of Building 14A, said that when he purchased, it
was indicated to him that there was adequate room in the rear for a
conventional screened porch, with a slab to not exceed 10 feet. But,
he said, the builder supplied slabs of 6 feet. He requested clarifica-
tion from Council,as to the illegal moratorium, that it be lifted and
left entirely to the Association. He additionally stated that the side
of Building 14, between 11 and 14 is also a flooded area.
V/M Massaro discussed the outfall line and the various areas of valley
gutter installation, with catch basins.
Janet Krispin, of Building 32A, said that she has a problem with her
driveway, which is too steep, to which Mr. Hahn said that when dedica-
tion of the right-of-way was required by the City, it was necessary to
shift buildings, and completely redo the site plan. He further stated
that some buildings moved from north to south and east to west, and
said that it was unfortunate that Mrs. Krispin has a catch basin in her
driveway. He said that the catch basin was raised, but she still said
that the area was not adequately corrected.
Iry Mullman of Building 29B, said that he has a flooding condition,
and requested viewing of the rear of the homes facing the golf course,
as to weeds and no sewers.
Dave Flickner requested units 21 and 22 to be observed in the area of
flooding; also Caroline Cohen; Esther Finkel, of Building.7E,sai.d that
she has flooding at the rear garage door; Anthony Casella of Building
20, which has flooding in the swales.
In response to a question by Abe Geller, as to obtaining permits for
screened porches, to which the Vice -Mayor said this has to be handled
through the Association.
Mr. Birken said that if the management has been turned over to the
Association, then the builder has to be held responsible for the con-
struction.
Milton Hauser inquired as to the cost to the people for the building
of screened porches, to which the Vice -Mayor advised that a formula
has been established, which could be obtained from the Building Depart-
ment.
Mrs. Abrams of Building 7B complained of her driveway being broken,
due to the installation of pipes.
-15-- 2/13/80
mr/
V/M Massaro MOVED that the site plan be approved, which has been
submitted, as to what exists within the courtyard inside of Wedgewood
Drive and Lane; and in the future no permit will be issued unless the
Association approves further construction in the area; and the C.O.s
be released, providing the Chief Building Official determines they are
ready for final approval, on four buildings, excluding Building #1;
that the developer be required to post a bond of $10,000.00 cash today;
that there will be a flooding of the area and a further inspection to
determine exactly what has to be done; at which time the City will
enter into an agreement with the developer, Mr. Hahn and his associates.
Also, upon completion of the specified work, as indicated in the agree-
ment, the money will be returned to him, and the final C.O. will be
issued. The Revised Site Plan is dated 2/4/80; also, that the developer
is required to submit,as ston as possible, a "topo contour map" of the
area indicated, including the areas between Buildings 11 and 14.
It was noted by C/M Disraelly that both site plans 1 and 2 mylars have
been submitted previously.
V/M Massaro said the work will be subject to approval by the City
Engineer; also, after completion of the work, an as -built drawing has
to be submitted, in order for the City to be aware of the lines instal-
ling the valley gutters,with review of all requests. C/M Disraelly
SECONDED the motion.
VOTE: ALL VOTED AYE.
V/M Massaro also indicated that a $10,000.00 check is to be submitted,
to which the City Attorney stated that no C.O.s are to be released
until the check has been submitted. The Vice -Mayor further added that
the streets should be left in a clean condition.
Mr. Birken stated that he would prepare an amendment to the existing
Developer's Agreement, in order to encompass all the items.
c) V/M Massaro MOVED that Temp. Reso. #1075 be tabled for Road Dedications
until completion of the work, and C/M Disraelly SECONDED.
VOTE: ALL VOTED AYE.
26. Sands Point - Phase 4 - Revised Site Plan for shuffleboard court and
canopy.
SYNOPSIS OF ACTION: Tabled for additional input.
Martin Pollack, President of the Sands Point Coordinating Committee,
Tape and President of the Association, advised Council that he was prepared
Side to make a presentation of the facts.
#7
C/M Disraelly indicated that the evidence was presented, and the City
Attorney stated that Mr. Pollack did have the authority to proceed.
Irving Schwab felt that if evidence was submitted to officials of
the City, the opposing side should have the opportunity to defend them-
selves, and prepare their case.
Mr. Birken indicated that he received a letter dated 2/8/80, which
was addressed to him, and signed by Mr. Pollack and Mr. Layton, advising
as to the formation of the Sands Point Coordinating Committee Inc.,
on 11/29/79, to act as a Management firm for all phases of Sands Point.
The City Attorney read the letter into the record.
C/M Disraelly acknowledged the fact that the letter was shown to
Mr. Birken and him on January 29, 1980.
Mr. Birken further stated that a letter was received dated 1/14/80,
from Mr. Layton, requesting a meeting with him.
Stanley Jonas of Building L, in Phase 4, said that he was located
directly opposite the proposed shuffleboard court; which was not origi-..
nally included in the site plans submitted by the developer, at the
time of purchase. He felt that it was illegal to install something by
the developer after the plans and plats have been submitted. Mr. Jonas
said that another area was designated for recreation in Phase 4, and
has never been developed. He requested that it be denied.
-16- 2/13/80
mr/
Melanie Reynolds said that she complained of two shuffleboard courts
in 1978, and advised the Planning Commission of this, who, in turn,
relayed this to the Chief Building Official, Bob Jahn. Thereafter,
Mr. Jahn, on November 2, 1978, wrote to Mr. Levine that either a proper
application would have to be submitted for review of the site plan, or to
remove the shuffleboard court.
She additionally stated that neither of the above was instituted by
Mr. Levine, and a "red tag" was placed on the slabs. She submitted
a plat of Sands Point, Phase 4, which displayed the rec area, and she
noted the various recreation items that were added. Ms. Reynolds stated
that as of May 24, 1979, Mr. Levine found the Coordinating Committee
ineffective and unworkable. She said they are only a Management Commit-
tee, and not the owners of the rec area, nor a condominium body, and do
not have the authority to'represent the owner by obligating the people
to lease any other recreation facilities.
Joseph Stocktus, the President of Phase 4, and the lst Vice -President
of the Coordinating Council, had indicated that the Coordinating Com-
mittee handles all the common elements; has voted on this, and requested
its approval. He additionally advised that the Condo Association
Coordinating Committee was the Management Agent for the entire condo-
minium for common elements and maintenance. Mr. Stocktus said this
is called the Sands Point Condominium Coordinating Committee, which
is incorporated in the State of Florida. He added that they have been
empowered by all 6 phases, by the Board of Directors, who have signed
the by-laws and maintenance agreement.
Mr. Stocktus responded to C/M Wiener, by stating that an election was
held by each Board of Directors of the 6 phases electing three (3)
members to the Coordinating Committee, with one voting member. He
added that there was a governing body of 18 people, with three indi-
viduals from each Board of Directors, voted by each phase. He stated
that Phase 4 did vote their approval of the shuffleboard. court, by a
majority vote.
Mr. Jonas indicated that the vote referred to was illegal, because it
involved a "show of hands", without a roll call. He said that a peti-
tion was signed by 85 people from Phase 4, against the construction of
the shuffleboard court. He felt that a court of this type, in that
particular area, would be hazardous, and should not be approved.
Mr. Pollack reviewed the original Declaration of Condominium, and the
rules and regulations involved, especially relating to additions, altera-
tions or improvements by the Association, or the governing body. Fie
advised that the Coordinating Committee has the full power to make de-
cisions, to make improvements and alterations.
V/M Massaro inquired whether the Committee's attorney could review the
documents, and submit a letter to the Chief Building Official as to
their authorization to have this permit. She added that this is not
in violation of the City's Code, and does meet the requirements.
V/M Massaro MOVED that this matter be tabled, because of the contrasting
and conflicting statement concerning the rights and responsibilities,
until such time as the Attorney for the Coordinating Committee certifies
that the application has been made by a properly authorized party.
C/M Disraelly stated that their Attorney's legal opinion, by presenting
a letter to the Chief Building Official, that any problems within the
condominium would not affect the City. He said that it was necessary
to provide, in writing, that this is the ruling body, and not just the
Management Corporation, which was a totally different body than the
Umbrella Coordinating Committee. He SECONDED THE MOTION made by the
Vice -Mayor.
VOTE: ALL VOTED AXE.
27. _Concord Village - Model Sales Complex - Discussion and possible action
on request to extend permit for this complex.
SYNOPSIS OF ACTION: Approved for 6 months
Victor DeSousa said this request was similar to the previous one, with
the same conditions, and consisted of a waiver of 300 feet.
-17- 2/13/80
mr/
C/M Disraelly MOVED that the request for the extension of the model/
sales permit be extended for six (6) months, and C/W Kelch SECONDED.
VOTE: ALL VOTED AYE.
28. Woodmont Country Club - Revised Site Plan - Discussion and possible
action to approve a temporary triple -wide trailer.
SYNOPSIS OF ACTION: Approved, with payment
of proper fees.
V/M Massaro advised that the triple -trailer will extend into the
golf course area, and not affect the parking. She MOVED that the
Woodmont Country Club revised site plan be approved, for the triple -
wide trailer, with the pa�ment of proper fees, and C/W Kelch SECONDED.
VOTE: ALL VOTED AYE.
29. Isles of Tamarac - Discussion and possible action on recently con-
structed model sales complex.
SYNOPSIS OF ACTION: Developer to continue "status -quo",
until the 2/27 80 meeting, when staff will review the
submitted plans and fees.
Gary Glusman, one of the owners of G & G Investment Company, discussed
the events involved with the new model complex. Fie said that a meeting
was held with the Chief Building Official, in August, when plans were
submitted which showed the house layouts of the models and the parking
area. He said that on February lst, a letter was received from the
Chief Building Official, Mr. Eigner, with a copy of a memo from C/M
Disraelly, regarding the new model complex. Mr. Glusman was advised
that the file did not indicate the above information in the file, which
was being questioned. He said that 10 copies of the site plan were
submitted, plus the fee; which revised site plan was not presented to
Council.
C/M Disraelly said that the model/sales office requirement did not
permit homes within 150 feet, and upon viewing this area, he determined
that there were homes adjacent to this area, which were presently oc-
cupied, such as buildings 51, 53, 54, 56, 48, 49 and 50.
Mr. Glusman said that the models do back-up to the recreation complex
He said that it was never brought to his attention that there were
any other requirements, or that additional applications were necessary.
V/M Massaro indicated that there were problems with staff, which
errors have to be corrected, and should be considered at staff level,
as to their determination. She also said that formal application has
to be made, and go through staff. She further added that Council will
advise at the February 27th meeting.
Mr. Glusman said that lot 55 is under construction, with lot 52 not
sold as yet.
Mr. Gross recommended that Council extend the six month period, until
the next regular meeting, in order to keep the model/sales office
open.
V/M Massaro MOVED that they be permitted to continue in "status quo",
with review by staff of the site plan, with appropriate recommendations,
which would be agendized for the next regular meeting, and C/M Wiener
SECONDED.
VOTE: ALL VOTED AYE.
V/M Massaro requested that the proper fee be checked by the City
Manager.
39. Canal Reservation Release in Land Section 7 -(Temp Reso. #1507)-
Discussion and possible action.
SYNOPSIS OF ACTION: Master Plan to be drawn;
dice -Mayor authorized to appear before SFWMD;
also, resolution to be prepared for 2/14/80 meeting.
AGENDIZED BY CONSENT
-18-- 2/13/80
mr/
V/M Massaro advised that this item was an emergency, because there
was a hearing scheduled for Friday, and so MOVED that the Canal
Reservation Release in Land Section 7 be AGENDIZED BY CONSENT, and
C/M Disraelly SECONDED.
VOTE: ALL VOTED AYE.
V/M Massaro said there was a request to not release this, but a con-
flict occurred because the owner of the property spoke to the City
Engineer, who did not feel that the canal reservation was necessary.
She felt that it was improper, and should have been presented to
Council. Thereafter, the property owner wrote to the Water Management
District, and indicated this. She also said that it was an isolated
area, Land Section 7, and drains into the borrow canal. She said.a
schematic master plan is Aecessary of the entire section, and felt that
Tape she would attend the Friday meeting, if approval is given.
Side
#8 C/M Disraelly felt that a resolution should be prepared, requesting
the South Florida Water Management District not to release any canal
reservations whatsoever in Land Section 7, until such time as a
schematic of all of the master plan of all the canal reservations have
been created and presented to Council. And, until such time, that a
member of Council be authorized to appear before the South Florida
Water Management District at its meeting on Friday, February 15, 1980.
He CHANGED his MOTION that within 90 days a Schematic Master Plan will
be prepared, and until that time, the Vice -Mayor be authorized to
appear before the South Florida Water Management District meeting on
February 15, 1980, to present the City's plea that no reservation
releases be granted. C/W Kelch SECONDED.
Mr. Gross said that the City Engineer did not oppose the wishes of
Council, but the information used by the petitioner, was the original
letter included as back-up for the agenda, from the City Engineer's
office; which letter was from Tony Nolan.
V/M Massaro confirmed the fact that the resolution would be prepared
for the February 14, 1980 recessed meeting.
VOTE: ALL VOTED AYE.
40. Sludge Removal Trailer - Discussion and possible action.
SYNOPSIS OF ACTION: AGENDIZED BY CONSENT
Confirmation and approval of outside service.
Mr. Gross said this involved an emergency with the Utility plant,
and the truck area, to confirm the hiring of an outside firm for the
hauling of the sludge.
V/M Massaro MOVED to AGENDIZE BY CONSENT this item, and C/W Kelch
SECONDED.
VOTE: ALL VOTED AYE.
V/M Massaro MOVED that the City was confronted with an extreme
emergency, and was action which had to be taken immediately, also
concurring with the City Manager, approving the hiring of an outside
trailer hauling service for 2/12, 13 and 14 and possibly the 15th,
and the payment for sludge removal this past week. C/M Disraelly
SECONDED.
Mr. Gross said that more than one firm was called, and the bids were
the same, but it was necessary to obtain the firm that had the trucks
available. He said they were paying $1650 for 1,000 gallons.
V/M Massaro requested that the City Manager at the 2/14/80 meeting,
the names of the people called, and the price that was quoted.
VOTE: ALL VOTED AYE.
MEETING WAS RECESSED TO 9:00 A.M., FEBRUARY 14, 19 0.
A Y R
-19-
2/13/80
mr/
This public
per copy, to
about recent
of Tamarac.
x
document was promulgated at a cost of $0 11-30 , or $ b. Y-
inform the general public and public officers and employees
opinions and considerations by the City Council of the City
2/13/80
-20- mr/