HomeMy WebLinkAbout1982-02-24 - City Commission Regular Meeting Minutes10
P. 0. BOX 25010
TAMARAC, PLORIDA 33320
FIRST CLASS MAIL
CITY OF TAMARAC, FLORIDA
CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, FEBRUARY 24, 1982
CALL TO ORDER: 9:30 A.M.
ANNOUNCEMENT OF TIME ALLOCATIONS - MOTIONS TO TABLE - The Chair at
this time will announce those items which have been given a specific
time to be heard, and will entertain motions from Council members to
table those items which require additional research. Council may
agendize by majority consent matters of an urgent nature which have
come to Council's attention after publication.
PRESENTATIONS AND AWARDS
1. Em to
pAward - Presentation by the. City Manager of a
er'ee Service
five-year pin to Donald Selen of the Public Works Department.
2. Women's American ORT —Presentation by Mayor Falck of a proclama-
tion designating the month of March, 1982, as "ORT Month in the
City of Tamarac".
TAMARAC UTILITIES WEST
3. Bid Award - Temp. Re_so. #2177 - Discussion and Possible Action to
award a bid for painting
p ing and structural repairs at the water treat
ment plant.
BOARDS AND COMMITTEES
4. Public Information Committee - Discussion and Possible Action to
accept the resignation of Marjorie E. Belch.
CONSENT AGENDA
2/24 Pg.1
�/Mgr.presented
3vr.Din.
2/24 Pg. 1
4aayor presented
proclamation.
2/24 Pg. 3
ABLED to next
2/24 Pg. 3
EMOVED from
2/24 Pgs.3&4
5. Items listed under Item #5, Consent Agenda, are viewed to be a)&e)thru k)
routine and the recommendation will be enacted by one motion in PROVED,b)c)
the form listed below. There will be no separate discussion of and d)TABLED
these items. If discussion is desired, then the item(s) will be to next regular
removed from the Consent Agenda and will be considered separately. eting, i)
PAD with
a) Minutes of 12/9/81 - Regular. Meeting - Approval recommended by the amount shown
City Clerk. as $2,500
instead of
b) Minutes of 1/13/82 - Regular Meeting -- Approval recommended by the $3,486.30.
City Clerk.
c) Minutes of 1/19/82 - Reconvened Regular Meeting - Approval recom-
mended by the City Clerk.
d) Minutes of 1/27/82 - Regular Meeting - Approval recommended by the
City Clerk.
e) Mitchell Ceasar Grants Consultant - 2/9/82 - $1,250.00 - Approva:
recommended by Finance Director.
PAGE TWO
f) Approval of Mitchell Ceasar's request to represent another
client before the City Council.
g) Milledge & Hermelee - Special Legal Counsel regarding Fort
Lauderdale Executive Airport - 2/5/82 - $5,128.49 - Approval
recommended by City Attorney.
h) M & H Services, Inc. - Services regarding Fort Lauderdale
Executive Airport - 2/4/82 - $1,925.00 - Approval recommended
by City Attorney.
i) Midland Insurance Company - Insurance Carrier - Hardy and
Kaveney Cases -- 2/4/82 - $3,486.30 - Approval recommended by
City Attorney.
j) Authorization to allow the City Manager to go to bid for the
annual grouting chemical requirements for Tamarac Utilities
West.
k) University Community Hospital - Revised Site Plan for Inciner-
ator - Approval to remove from the Agenda.
GENERAL ADMINISTRATIVE/FINANCIAL
6. Lawn Maintenance Contract - Tem. Reso. #2178 -- Discussion and
Possible Action to correct the unit price per square foot re-
flected in prior resolution awarding a three-year contract to
Quality Lawn Service.
7. Bid Award - NW 82 Street Drainage -Improvements - Temp. Reso.
#2179 - Discussion and Possible Action to award a bid for
storm drainage improvements.
2/24 pg. 21
APPROVED as
amended
2/24 Pg. 4
APPROVED TO
Del Ricco for
$149,330
8. Bid Award - Personnel/Insurance Department - Temp. Reso. #2180 2/24 Held for
Discussion and Possible Action to award a bid for Public Reconvened
Officials Liability Insurance. Meeting 3/5/8
9. City Facilities - Discussion and Possible Action to allow the
City Manager to go to bid for the following:
a) One 24 x 60 trailer for Police Department
b) Three 12 x 25 utility buildings for Public Works Department
10. Auditing Services for Fiscal Year 1981/82 - Discussion and
Possible Action to solicit proposals to perform the 1981/82
audit.
11. Colony West County Club - Executive Course - Discussion and
Possible Action.
PUBLIC HEARINGS - 2:00 P.M.
2/24 Pg. 4
a)C/Mgr.to go
to bid for 1
24x60 trailer
for PoliceDept.
b)C/Mgr. to go
to bid for 3
12x25 utility
bldas.Pub.Wks.
2/24 Pgs.2 & 3
C/Mgr. to sol-
cit proposals
o perform the
81/82 audit
/24 Pgs.25,25,
12... Toll Development, Inc. - Rezonin2 Petition #29-Z-81 - Temp.Ord 27, 28&29C/Ini
#968 - Discussion and Possible Action to rezone lands on the Massaro author -
east side of NW 94 Avenue, extending eastward to the western .zed to proceed
boundary of Paradise Estates, south of the Colony West Execu- w/offer of
tive Golf Course, from R-4A (15 dwelling units per acre) to $650,000 for
R-3. First Reading. ontinuance in
a) Acceptance of Affidavit of Publication, Affidavit of Postin egotiations
and Affidavit of Mailing. 2/24 Pgs.22&23
b) Consideration of Application TABLED at reque:
(Applicant has requested this matter to be continued to a of petitioner
future meeting. If this request is granted, this matter will
be readvertised) . 2/24 Pg. 23
13. B & M Restaurant, Inc. d/b/ a Spiro's Diner - special Exceptior.
Petition #1-Z-82 - Temp. Reso. #2181 - Discussion and Possible
Action to grant a special exception to permit on -premises con-
sumption of beer and wine at Spiro's Diner, 4949 N. State Rd.7.
APPROVED special
exception to
permit on -premix
consumption of
beer & wine at
Spiro's diner
No -sale after
2a.m.local time
=A to
14. Off -Street Parking Standards - Temp. Ord. #636 - Discussion
and .Possible Action to amend Chapter 18 of the Code pertain-
ing to design standards and modifying parking bay dimensions.
Second Reading.
LEGAL AFFAIRS
15.
16. Off -Street Parking Requirements -. Temp. Ord. #941 -
and Possible Action to amend Chapter 18 of the Code
ing to residential zoning districts. First Reading.
Zoning Regulations - Temp. Ord. #846 - Discussion and Possibl
Action to amend Chapter 28 of the Code by creating an RM-5
Residential Multi -Family Dwelling District. First Reading.
(tabled from 2/10/82) 2/24 Pg. 6
Discussio APPROVED as
pertain- changed.
THREE
2/24 Pg. 23
APPROVED as
amended.
17. Applications for Reserve Units - Temp._Ord. #956 - Discussion
and Possible Action to amend Ordinance 81-18 regarding pro-
cedures for reviewing applications for reserve units. First
Reading.
COMMUNITY DEVELOPMENT
18. Woodlands Section 8 - Vacation of Canal Right-21—Hay - Temp.
Ord. #955 - Discussion and Possible Action to vacate a por-
tion of a canal right-of-way adjacent to Lot 5, Block 46.
First Reading. (tabled from 1/13/82)
19. Woodlands Section 8 - Vacation of Canal Right -of -Way - Tem.
Ord. #969 - Discussion and Possible Action to vacate a por-
tion of a canal right-of-way adjacent. to Lot 4, Block 46.
First Reading.
20. Inverrary Golf Classic - Discussion and .Possible Action to
allow a temporary directional sign on property belonging to
Sabal Palm Country Club as requested by Inverrary Country
Club.
21. Marshall's Plaza - Revised Site Plan - Temg. Reso. #2182 -
Discussion and Possible Action on a revised site plan for a
compactor enclosure (tabled from 1/13/82)
22. Woodlands Section 7 Clubhouse - Revised Site Plan -- Te— mp.
Reso. #2175 - Discussion and Possible Action —on'—a revised sit
plan for additional parking and a building modification
(tabled from 2/10/82)
23. Sabal Palm Townhouses -- Discussion and Possible Action on a
request to extend approval of a site plan (to be located at
NW 46 Avenue and NW 59 Street)
24. Woodmont Tract 62 - Revised Site Plan - Temp. Reso. #2183 -
Discussion and Possible Action on a revised site plan for
entrance signs.
25. Lake Colon (Brookwood Gardens) - Tem . Reso. #2184 -- Dis-
cussion and Possible Action on cancellation of an Easement
and Option Agreement and refund of a cash bond.
26. Tamarac Town Square - Discussion and Possible Action on
construction of sidewalks for this project.
27. Professional Forms and Systems - Discussion and Possible
on: a) Site Plan Temp, Reso. 02185
b) Landscape Plan
2/24 Pgs.5 &
TABLED awaiti:
information
from V/M
2/24 Pgs.6 &
TABLED until
time to be de,
termined by
2/24 Pgs.7 &
APPROVED on 1:
reading.
2/24 Pg. 8
APPROVED on 1:
reading.
2/24 Pg. 8
APPROVED hang:
3 signs if Ci-
receives lett(
from property
owners
2/24 Pgs.8,9,-
& 11 APPROVED
w/conditions
2/24 Pgs.29&3(
APPROVED
2/24 Pg. 12
APPROVED 12 m:
from 3/19/82
2/24 Pg. 30
APPROVED w/anc_
of Lot 1 be
changed out of
easement.
2/24 Pg. 21
APPROVED
2/24 Pgs.17,1F
the 19,20 & 21
TABLED to 3/5
2/24 Pgs.13&1�
Actio TABLED for rep
site plan &moz
info is given
c) Acceptance of Utility Easement from Charles A. Chomas C/pn'J-'�nstruc
to prepare mer
of within 1 week.
by Temp. Reso. #2186
(to be located on the west side of NW 37 Ave., north
Commercial Blvd.)
PAGE FOUR
Temp._ 2/24 Pg. 14
28. OneandciosPererasible Actoan c p• #2187 - Discussio APPROVED as
------__ P_.P.. g...�allea erformancso _
rn _ -
to e bond posted for
amended'
public improvements.
2/24 Pg. 15
Council author.
29. NW 61 Street - Southwest Corner - Discussion and Possible Counci/Atty pauthor
Action. roceed
w/proposal 2/23
2/24 Pg. 24
30. Drainage Improvements in the. City - Discussion and Possible No report.
Action.
REPORTS
31. City Council
32. City Manager
33. City Attorney
Council may consider such other business as may come before it.
Pursuant to Chapter 80-105 of Florida Law, Senate Bill No. 368;
If a person decides to appeal any decision made by the City
Council with respect to any matter considered at such meeting or
hearing, he will need a record of the proceedings, and for such
purpose he may need to ensure that a verbatim record of the pro-
ceedings is made, which record includes the testimony and evidence
upon which the appeal is to be based.
CITY OF TAMARAC
CAROL A. EVANS
ASSISTANT CITY CLERK
For informational purposes, fallowing are the residential and
commercial zoning districts in the City:
R-1
-Single Family Residence
R-lB & R-lC
-One-Family Dwelling
R--2
-Two-Family Dwelling
RD-7
-Two-Family Dwelling
R-3U
-Row douse
R-3
-Low Density Multiple Dwelling
RM-10
-Planned Apartment
R-4A
-Planned Apartment
R-5
-Motel/Hotel
B--1
-Neighborhood Business
B--2
-Planned Community Business
B-3
-General Business
B-5
-Limited. Business District
B-6
-Business District
S-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
SPECIAL EVENT - Wednesday, February 24, 1982 - 1:00 P.M. --
Dedication and first official public display of the City's new
Midi -Attack Fire Pumper. Ceremony to be held in front of City
Hall main entrance.
2/24 Pgs.30&31
2/24 Pg. 31
2/24 Pg.31&32
34. Pension Plan Trustee - Discussion and possible action.
35. DOT Request that County Remove Traffic Li ht and Flashers
From School - Discussion and possible action.
36. Hardy_ Case - Discussion and possible action
37. Edgar Vs. Tamarac - Settlement of Case - Discussion and possible
action.
38. School Children's Car Wash at Sunnv Sunoco
39. Opposing Further Busin of Tamarac Students - Temp. Reso. #2211 -
Discussion and possible action.
PACE FIVE
12/24, Pg. 1, Agend.
by Cons.,Pg. 7,
APPIUVED appointment
of Judy Bernstein to
this position.
2/24,Pg.12,Agend.by
Cons.,Pgs. 21 & 22,
Mayor will contact
school to officially
notify parents that
light will be removed,
C/Mgr.authorized to
discuss w/Mr. Greene
to delay this 2 weeks
or until C/Engr.write.
memo.
a g• 12,Agend. bY-
Consent,
C/Atty & insurance
companies are author-
ized to come to an
agreement w/attorney
of Mr. Hardy to settl(
case w/$5,000 from
each of 2 insurance
companies & $5,000
�from city. There must
be total release from
Mr. Hardy for any
damages whatsoever
for city & individual
defendents who are
named in the case.
3/5, Pg. 1, Agend. by
Consent, Pg. 3 City to
contr. $2,500. with
ins. carrier contr.
$10,000. to release
City from liability.
3/S,Pg. 1,�Agend. by
Cons., Pg. 3 - No
action - No objection
by Council.
3/5,Pg. 1,Agend. by
Cons.,Pg. 4 & 5 -
Appvd. - Auth. to
Mayor to speak at
3/9/82.
CITY OF TAMARAC, FLORIDA
REGULAR CITY COUNCIL MEETING
FEBRUARY 24, 1982
CALL TO ORDER: Mayor Walter Falck called the meeting to order on Wed-
nesday, February 24, 1982, at 9:30 A.M. in the Council Chambers.
ROLL CALL: PRESENT: Mayor Walter W. Falck
Vice -Mayor Irving M. Disraelly
Councilwoman Helen Massaro
Councilman Irving Zemel
Councilman Philip B. Kravitz
ALSO PRESENT: City Manager, Laura Z. Stuurmans
City Attorney, Arthur M. Birken
Assistant City Clerk, Carol A. Evans
Secretary, Patricia Marcurio
'ape MEDITATION & PLEDGE OF ALLEGIANCE: Mayor Falck called for a Moment of
1 Silent Meditation followed by the Pledge of Allegiance.
Mayor Falck greeted everyone present and announced a special event
which was scheduled for 1:00 P.M., dedication and first official public
4ppearance of the City's new Midi -Attack Fire Pumper; ceremony to be held
in front of City Hall main entrance.
Mayor Falck reviewed the schedule for specific items.
34. Pension Plan Trustee - Discussion and possible action.
SYNOPSIS OF ACTION: Agendized
by consent,(see page 7).
Mayor Falck requested Agendizing by Consent an item concerning discussion
and possible action of an appointment of a trustee for the City Pension
Plan. It is important to do this today if possible because the City is
awaiting information from their consultant regarding the additional pro-
posals that will be presented to Council at a future date. As soon as
this is available, a Pension meeting will be scheduled and it is imperative
that the trustee is present for this. v
V/M Disraelly MOVED to AGENDIZE BY CONSENT a Pension Plan, discussion and
possible action to appoint a trustee, SECONDED by C/M Zemel. Mayor Falck
assigned No. 34 to this item.
VOTE:
ALL VOTED AYE
1. Employee Service Award - Presentation by the City Manager of a five-
year pin to Donald Selen of the Public Works Department.
SYNOPSIS OF ACTIONT: City Manager
presented five-year pin.
The City Manager made a presentation of a five-year pin to Donald Selen
of the Public Works Department.
2. Women's American ORT -- Presentation by Mayor Falck of a proclamation
designating the month of March, 1982, as "ORT Month in the City of
Tamarac".
SYNOPSIS OF ACTION: Mayor Falck
presented proclamation.
Mayor Falck read the Proclamation into the record and presented this to
two representatives of ORT designating the month of March, 1982, as "ORT
Mnnt.h in the Citv of Tamarac".
1 2/24/82
/pm
10. Auditing Service for Fiscal Year 1981/82 - Discussion and Pos-
sible Action to solicit proposals to perform the 1981/82 audit.
SYNOPSIS OF ACTION: City Manager
was authorized to solicit proposals
to perform the 1981/82 audit.
C/M Kravitz said a memo was sent to Council members in reference to
the examination of the last auditing report. A letter was received this
morning from Alexander Grant & Co. and Mr. Emmer clarified what he had
in mind for the coming year, the September,1982 audit. C/M Kravitz
recommended that a workshop be scheduled in reference to discussing all
the different facets concerning an audit,and interview the various firms
based on the examinations that come through the regular methods which
must be a legal source since bids cannot be solicited.
The City Attorney said the process is the City solicits expressions of
interest from auditing firms and then you need to select on the basis of
this information at least three firms. Interviews have to be scheduled;
then after these interviews,.the firms must be ranked 1-2-3 and continue
numerically to interview these. The City Attorney said it is his under-
standing at the present time, that you cannot go back once you have had
an interview with Number One and go on to Number Two, you cannot go back
to Number One.
C/M Kravitz asked if a Motion would be in order to request a Workshop
be called. The City Attorney asked if the Councilman wants a Workshop or
would rather start the process by authorizing the City Manager to solicit
expressions of interest. C/M Kravitz MOVED to authorize the City Manager
to look for interested auditing firms, SECONDED by C/W Massaro.
Mr. Emmer said that two years ago prior to retaining a firm for 1980 the
City went through this process and decided that they were satisfied with
Alexander Grant Co. at that time. Mr. Emmer said if there is any specific
dissatisfaction with the service or any problemrhe would appreciate it if
it were communicated. He said it is unusual for a City to go through this
type of process on a regular basis; cities that do normally do it every
five years. It is very costly for the city in terms of the amount of staff
time that will be expended on it and it is a costly process for the firms
that are involved. Mr. Emmer said if there is something wrong with the
relationship or the contract that they have submitted to the city for the
auditing services, he would be more than glad to discuss it with Council
and staff.
C/W Massaro said there is no reason why they should not move forward on
this. V/M Disraelly said he read recently that they are changing the
Professional Neaot'ation Act andd the interviews can be reconsidered. Mr.
Emmer said it has Wn ganged effective October 1, 1981, whereby you can
talk to three firms and negotiate between them. This only applies to
municipalities in the State of Florida.
The City Manager asked C/M Kravitz if there is a scope of work that should
be indicated within any advertisement that would be published for auditing
proposals for the city. She asked if Council would like to have a Workshop
to discuss the scope of work to be performed by an auditing firm.
Mayor Ealck said Council should move ahead and have a Workshop sometime
to discuss this. V/M Disraelly said a Workshop is in order because they
could then discover the specific problem areas; are there short -comings in
the report, should there be better coverages of an area, should there be
amplifications of the report, of the money questions involved, these things
should be resolved.
- 2 2/24/82
/pm
C/W Massaro said that the ground rules probably should come after
interviews because during the interviews there will be more input.
If a Workshop is needed it could always be scheduled. There must
discussions without price first.
LVA192M
ALL VOTED AYE
the
be
3. Bid Award - Temp?. Reso. #2177 - Discussion and Possible Action to
award a bid for painting and structural repairs at the water treat-
ment plant.
SYNOPSIS OF ACTION: TABLED
to next meeting.
The City Manager said that staff is asking to table this until the next
regular meeting. C/W Massaro so MOVED, SECONDED by C/M Kravitz.
VOTE:
ALL VOTED AYE
4. Public Information Committee - Discussion and Possible Action to
accept the resignation of Marjorie E. Kelch.
SYNOPSIS OF ACTION: REMOVED
from the agenda.
C/M Kravitz said that as liaison to the committee he has received the
resignation from Marjorie Kelch and as customary, it is brought before
Council for acceptance. This was dated February 22; however, he has
received another memo from her stating that she has reconsidered.
On this basis, C/M Kravitz asked Council to disregard the resignation
and leave the appointment of Marjorie Kelch on the PIC as it was. C/M
Kravitz so MOVED, SECONDED by C/M Zemel.
VOTE:
5. Consent Agenda
ALL VOTED AYE
a) Minutes of 12/9/81 - Regular Meeting - Approval recommended by
City Clerk
b) Minutes of 1/13/82 - Regular Meeting - Approval recommended by
City Clerk
c) Minutes of 1/19/82 - Reconvened Regular Meeting - Approval re-
commended by the City Clerk.
d) Minutes of 1/27/82 - Regular Meeting - Approval recommended by the
City Clerk.
e) Mitchell Ceasar -- Grants Consultant - 2/9/82 - $1,250.00 - Approval
recommended by .Finance Director
f) Approval of Mitchell Ceasar's request to represent another client
before the City Council
g) Milledge & Hermelee - Special Legal Counsel regarding Fort
Lauderdale Executive Airport - 2/5/82 - $5,128.49 - Approval
recommended by City Attorney
h) M & H Services, Inc. - Services regarding Fort Lauderdale Executive
Airport -- 2/4/82 - $1,925.00 - Approval recommended by City Attor-
ney.
i) Midland .Insurance Co. -- Insurance Carrier - Hardy & Kaveney Cases -
2/4/82 - $3,486.30 - Approval recommended by City Attorney.
j) Authorization to allow the City Manager to go to bid for the
annual grouting chemical requirements for Tamarac Utilities West
- 3 - 2/24/82
/pm
k) University Community Hospital -- Revised site plan for Incinerator
Approval to remove from the agenda.
SYNOPSIS OF ACTION: Items a) and e)
through k) APPROVED, Items b),c), and
d) TABLED to next meeting, i) APPROVED
with amount to be shown as $2,500 instead
of $3,486.30.
V/M Disraelly MOVED that Items b), c) and d) be TABLED to the next
regular meeting, SECONDED by C/M Zemel.
VOTE: ALL VOTED AYE
The City Attorney said on Item i) the figure on the printed agenda is
incorrect, it should be $2,500 instead of $3,486.30.
V/M Disraelly MOVED the APPROVAL of Items a) and e) through k) with i)
to be shown as $2,500 as indicated, SECONDED by C/M Kravitz.
VOTE: ALL VOTED AYE
7. Bid Award - NW 82 Street Drainage Improvements - Temp. Reso. #2179 -
Discussion and possible action to award a bid for storm drainage
improvements.
SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R_&L=�PASSED.
Attorney Birken read the Resolution by title. The City Manager advised
that the Consulting Engineers and the City Engineer recommend the low
bidder for this job, Del RicCO Brothers Construction Co. at $149,330.00.
V/M Disraelly MOVED the ADOPTION of Temp. Reso. #2179 approving on Line
3, "Whereas Del Ricco Construction is the lowest fully responsible
bidder" and in Section 1, "the bid of Del Ricco Construction in the
amount of $149,330.00". SECONDED by C/M Zemel.
VOTE:
ALL VOTED AYE
9. City Facilities - Discussion and Possible Action to allow the City
Manager to go to bid for the following:
a) one 24 x 60 trailer for Police Department
b) three 12 x 25 utility buildings for Public Works Department
SYNOPSIS OF ACTION: a) and b)
City Manager was authorized to
go to bid.
V/M Disraelly said that Mr. Eden called yesterday and he thought he had
space that would .conducive to the Council for the trailer for the
Police Department. However, C/M Zemel said, during the interim he has
rented this space.
a) Mayor Falck said there was a lengthy discussion on this at the Workshop
session and C/W Massaro MOVED that the City Manager be authorized to go
to bid for the 24 x 60 trailer for the Police Department, SECONDED by
V/M Disraelly.
VOTE: ALL VOTED AYE
b) V/M Disraelly MOVED that the City Manager be authorized to go to bid for
the three 12 x 25 utility buildings for Public Works Department, SECONDED
by C/M Zemel.
VOTE: ALT, vnTFD AYF.
- 4 - 2/24/82
/pm
15. Zoning Regulations - Tema. Ord. #846 - Discussion and Possible
Action to amend Chapter 28 of the Code by creating an RM-5
Residential Multi -Family Dwelling District. First Reading.
(tabled from 2/10/82)
SYNOPSIS OF ACTION: TABLED
awaiting information from
V/M Disraelly
Attorney Birken read the Ordinance by title.and said this Ordinance has
been around for about 10 months. There was a piece of property located
on Tract 46 and the district would be consistent with the Land Use Plan
which some other districts are not. The Ordinance was essentially approved
by the Planning Commission and there are a few changes which V/M Disraelly
brought to his attention and suggested yesterday. The City Attorney said
he and staff would recommend adoption of the Ordinance after the appropriate
changes are made.
V/M Disraelly said on Page 2, Line 19 he would strike the words "excluding
garages and carports". The reason for that is that the lot coverage
would then read "maximum lot coverage of all main and accessory structures
may not be greater than forty (400) percent of the area of the lot".
V/M Disraelly said the reason he is asking for those words to be struck
is because if they do not there is no absolute method of measuring the
garage or carport area and someone could easily turn a garage into living
quarters.
C/W Massaro said she agrees on removing those words but she wondered
whether the percentage should be increased a little. V/M Disraelly said
that is the percentage that is used in R1, R1B, R1.C, R2 and RD7. C/W
Massaro asked if they exclude the garages. V/M Disraelly said they do
in RD7 and he is uncertain about the others.
Attorney Birken said with a little luck and a lot of work the Council will
be presented with an ordinance in a chart form which will address all
provisions in the residential districts showing setbacks and specific
standards and this is being done in an effort to have some consistency.
Mr. Rubin has prepared a chart which is the first step. The City Attorney
will meet with him on Friday to check and after the corrections are made,
that chart will be distributed to Council so that they can see the various
setbacks and the other regulations in an easily readable and comparable
form; and,hopefully, there will be consistency in every district with
regulations such as this.
V/M Disraelly said the only zoning with greater than 40 percent is R3U
with 50 percent, nothing else is more than 40 percent. C/W Massaro said
she does not see why there should be differences of the amount of area
that can be covered. She said she would like Mr. Birken to have Mr. Rubin
review this to discover why this is different. V/M Disraelly said he has
been working with Mr. Rubin on this and changes have been made as they
reviewed other zoning districts. V/M Disraelly said it is agreed then
that those four words be struck.
V/M Disraelly said on Page 2, Line 15 this should be "one -acre" instead
of "one-half (1/2) acre". He said the only difference between RD2 and
RM5 is RD2 has a street yard setback of 25 feet and RM5 has a street yard
setback of 20 feet. The side yards, distance between buildings and standard
rear yard setbacks are all the same. C/W Massaro said they should not be
different. V/M Disraelly said 20 feet is sufficient for the length of a
car in a driveway.
C/W Massaro suggested since no timetable is apparent this should be tabled.
5 - 2/24/82
/pm
V/M Disraelly said there are other inconsistencies in the 1/2 acre figure
and he is trying to correct this• He said there should be nothing
else but an acre in practically everything except single family homes.
C/M Kravitz suggested that since there are several items that must be
studied, he MOVED to TABLE awaiting information in memo form, SECONDED
by C/W Massaro.
V/M Disraelly said that he and the City Planner and the City Attorney have
been working on this and many changes have been made on the chart and he
would suggest that this chart should be completed by the three of them
with their suggestions noted. When this is presented to Council then it
can be handled as an ordinance. However, this will not preclude many of
the other things that must be handled independently such as swimming pools,
patios, etc.. These will still have to be handled for each zoning district
involved. Mayor Falck requested memoranda from Council concerning this
two weeks after the chart has been submitted for review.
Tape VOTE: ALL VOTED AYE
2
16. Off -Street Parking Requirements - Temp. Ord. #941 - Discussion and
possible action to amend Chapter 18 of the Code pertaining to residen-
tial zoning districts. First reading.
SYNOPSIS OF ACTION: APPROVED
with changes.
Attorney Birken read the Ordinance by title and said this ordinance was
suggested by Mr. Rubin with concern for some dwelling districts with only
a 15 foot setback from the garage and this can create a problem if the
garages are ever completed and finished so that they are no longer used
for the storage of automobiles. The problem is that with a 15 foot setback
and a full-size car the car could extend into the sidewalk.
V/M Disraelly said this should be handled quickly because of situations
that could arise with site plans that are being reviewed by staff now.
V/M Disraelly said some changes must be made: on Line 16, after "one and
two bedroom units" the word "one" should be written out with (1) following.
On Line 18, the word "one" should be inserted and the numeral (1) follow.
On Line 22, the word "two" should be inserted and the numeral (2) follow.
On Line 25, after number "1.25" insert "paved parking".
On Line 26, after number "1.50" insert "paved parking".
On Line 27, after number "1.75" insert "paved parking".
On Line 28, after number "2.00" insert "paved parking".
On Line 29, after number "2.25" insert "paved parking".
On Page 2, Line 1, Item (c) should be plural to read "houses".
V/M Disraelly MOVED the ADOPTION of Temp. Ord. #941 as amended on first
reading, SECONDED by C/W Massaro.
VOTE:
ALL VOTED AYE
17. Applications for Reserve Units - Temp. Ord. #956 - Discussion and
possible action to amend Ordinance 81-18 regarding procedures for
reviewing applications for reserve units. First Reading.
SYNOPSIS OF ACTION: TABLED
until time to be determined
by Mayor Falck
Attorney Birken read the Ordinance by title and he said the reason for
this Ordinance is clearly spelled out in his memo to Council of January 20
stating that there are standards whereby they will treat everyone equally.
C/W Massaro said she cannot understand this ordinance.
- 6 ` 2/24/82
/pm
Attorney Birken said there are two items with reserve units, there is an
application fee which is not addressed here and then there is the consider-
ation for the reserve units. That is what this is talking about. All
this is saying is that when the property owner comes in and when the
application is considered by Council, at that meeting, under the present
regulation the consideration is to be given to the City when the reserve
units are granted. With Shell property, Council said that Shell was not
able to provide all of the money which it agreed to pay at the time when
the reserve units are granted.
Attorney Birken said the last two lines have been added and they say
that they must pay up front or in such other manner. C/W Massaro said
the part that bothers her is where it says, " The land to be dedicated
or the payment in lieu of dedication for recreational, drainage or other
municipal purposes shall be paid or dedicated at the time of approval
of an application for Reserve Units". She said they may come in for an
application for Reserve Units without a site plan and these things are
not payable at the time of the site plan.
Attorney Birken said the compensation for -the reserve units may be'used
by the City for any proper purpose including recreational or drainage
purposes. V/M Disraelly MOVED to TABLE to a time to be determined by
the Mayor, SECONDED by C/W Massaro.
VOTE:
ALL VOTED AYE
34. Pension Plan Trustee - Discussion and Possible Action
SYNOPSIS OF ACTION: Agendized by
Consent(See pane 1) APPROVED appointment of
Judy Bernstein as trustee.
Mayor Falck referred to Robin Meisler's memo of February 23, which was
notification that Mrs. Jara has left the City's services and she was
Trustee of the Pension Plan. The recommendation is that Judith Bernstein,
who was runner-up at the last employee election, be elected to replace
her. Mrs. Bernstein was the only individual who filed to run for the
position and he suggested her application be accepted.
V/M Disraelly MOVED the appointment of Judith Bernstein as the employee
Trustee to the Pension Plan, SECONDED by C/M Zemel.
VOTE:
ALL VOTED AYE
21. Marshall's Plaza - Revised Site Plan - Tem Reso. #2182 - Dis-
cussion and possible action on a revised site plan for a compactor
enclosure (tabled from 1/13/82)
SYNOPSIS OF ACTION: geld for
later (See Page 8).
Attorney Birken read the Resolution by title. Mr. Farrell of Vordermeier
Co. was present and he explained he is waiting for his engineers to
appear. Mayor Falck said they would take some other item in the meantime.
18. Woodlands Section 8 - Vacation
#955 - Discussion and possible
canal right-of-way adjacent to
(tabled from 1/13/82)
SYNOPSIS OF ACTION: APPROVED
on first reading.
of Canal Right -of -Way - Temp. Ord.
action to vacate a portion of a
Lot 5, Block 46. First Reading.
- 7 - 2/24/82
/pm
Attorney Birken read the Ordinance by title. C/W Massaro MOVED the
ADOPTION of Temp. Ord. #955 on first reading, SECONDED by V/M Disraelly.
11101-60
ALL VOTED AYE
19. Woodlands Section 8 -- Vacation of Canal Right -of -Way - Temp. Ord.
#969 - Discussion and possible action to vacate a portion of a
canal right-of-way adjacent to Lot 4, Block 46. First reading.
SYNOPSIS OF ACTION: APPROVED
on first reading.
Attorney Birken read the Ordinance by title. V/M Disraelly MOVED the
ADOPTION of Temp. Ord. #969 on first reading, SECONDED by C/W Massaro.
VOTE:
ALL VOTED AYE
20. Inve rary Golf Classic - Discussion and possible action to allow a
temporary directional sign on property belonging to Sabal Palm
Country Club as requested by Inverrary Country Club.
SYNOPSIS OF ACTION: APPROVED
V/M Disraelly said he received a call.from Janice Hamilton from the
Honda Inverrary Classic and they discussed the possibility of erecting
a sign indicating public parking with an arrow for the Inverrary Classic.
They are requesting three signs to be located: one at the NE corner of
Commercial Blvd. at Rock Island which would be at Sabal Palm Country Club,
one at the Turnpike on Commercial Blvd. which would be on state property,
and one at the corner of University and Commercial, which has since been
changed to University and 57th St.r, as the request on the Orovitz property
at that location.
V/M Disraelly said they have a letter from Sabal Palm granting them
permission to put that sign up and he MOVED to APPROVE the signs to be
put up at these locations provided that the city receives a letter from
the property owner of either property, Orovitz or McDonalds, granting
them the permission to put them up. C/W Massaro SECONDED the MOTION.
VOTE:
ALL VOTED AYE
21. Marshall's Plaza - Revised Site Plan - Temp. Reso. #2182 - Discussion
and possible action on a revised site plan for a compactor enclosure
(tabled from 1/13/82)
SYNOPSIS OF ACTION: APPROVED
with conditions.
RESOLUTION NO. R d-d l PASSED.
Attorney Birken said he had already read the Resolution by title (fife Page
7). Greg Darby of Darby and Way said this item has been before the Council
on numerous occasions and they have addressed all of the engineering
comments that were discussed.
V/M Disraelly suggested that the mailbox be relocated to a different area
than the one shown because in order to get to the mailbox a person must be
in the right hand seat. He asked if it could be located adjacent to Bldg.
38. V/M Disraelly said the Marshall's sign is not the color that matches
the facade in a light tan and it is brown/black. Secondly, the sign
ordinance requires beautification beneath that with a planter box and
nothing has been done on this. This must be corrected, it is mandatory
because the City Ordinance requires this. Mr. Farrell said the plan that
was submitted by Mr. Myers to Council when he was before Council in October
or November, had no planter shown.
8 ` 2/24/82
/pm
Mr. Farrell told Mr. Myers that it would not be passed that way and he
said it had been passed. When Mr. Farrell returned from a trip this
had been seen by Mr. Rubin who gave him the plan before Council today.
This was given to him only two weeks ago and everything will be done.
V/M Disraelly asked about changing the color of the sign and Mr. Farrell
said he has nothing to do with this. This is a Marshall's sign and they
agreed with the city and the city with them. V/M Disraelly asked the
City Manager to cite Marshalls to have the sign conform with the color
of tan and not brown/black as it is. Mr. Farrell said he will take care
of the planting around the sign.
C/W Massaro said the City Manager should check the Minutes to determine
exactly what was approved before she cites Marshall's.V/M Disraelly said
there are handicapped spaces at the north end of the building behind all
of the buildings. Mr. Darby said that is the entrance into the rear where
many people go to the Drivers License Bureau and the open area between
Bldgs. 11, 12 and 13 and 14 is an area that is an alternate area. V/M
Disraelly said that on the entire length of the east complex Bldgs. 23 to
38 there is not a single handicapped parking space except in the garden
area. V/M Disraelly said they should provide for the handicapped spaces
now because otherwise there will not be a 12 foot width for a handicapped
space in all of the other spaces.
Mr. Farrell said that two spaces for handicapped are not designated but
it is requested by the Motor Vehicle Dept. who said if they have to show
one in the front they have to show one in the back. If they leave the
two in the front they could still put one in the back in the future and
there would be just one extra. V/M Disraelly said that at the moment
they are only showing eight handicapped parking spaces but they will
show 9 .
V/M Disraelly said on 57th St. starting with the entry into the area,
there is a stacking lane to go left. There is existing asphalt and this
is continuous curbing all the way across and the existing ashpalt will
be removed. V/M Disraelly said when they get through between Marshall's
and Lindsley that entire area from University to the end of this property
will all be curbed on both sides. V/M Disraelly said the existing asphalt
will be removed and it will be backfilled.
Mr. Farrell said that he would curb from the point of the mailbox and
go east to the existing exit at the east end of the property. He said
he made no agreement to do anything with the asphalt or beautification.
C/W Massaro asked if the City Engineer has been involved in this and Greg
Darby said he has been. Mr. Farrell said when he returned from his trip
he was shown what he was supposed to be doing on 57th St. but he did not
agree to this and said he will not agree to it. This is what has been
holding matters up. Mr. Farrell said he met with Mr. Rubin and then
reviewed matters again. Mr. Farrell said V/M Disraelly just made a
statement that he would put in curbing that would go from the center
exit to the center of 57th St. going west. Mr. Farrell said he did not
agree to this. V/M Disraelly said it is shown on this site plan but Mr.
Farrell said each time he comes in something else is added.
V/M Disraelly said there is 10 feet there and Mr. Farrell said he has
already given over 200 feet of curbing that he did not agree to. Mr.
Farrell said he did not say he would take Lindsley's asphalt out. V/M
Disraelly said the city is making arrangements with Lindsley on the
existing concrete median in the center to curb the south side. Mr. Farrell
said he would curb the north side of the median. V/M Disraelly said he
does not know that there is any record who put that asphalt in but Mr.
Farrell said he did not agree to take it out.
9 - 2/24/82
/pm
Mr. Farrell said he feels it is about time that they stop adding to it
and let him do what he agreed to do. V/M Disraelly said a curb cannot
be put in without backfilling it otherwise the curbing will be destroyed.
Mr. Farrell said V/M Disraelly is talking about taking out asphalt which
is another dump truck and another front-end loader to dig it out, putting
in top soil and three to four pallets of sod. Mr. Farrell said as far as
the backfill goes that is alright but the top soil and the sod and taking
out the asphalt should be done by Lindsley, and if not, it should be shared.
V/M Disraelly asked Mr. Farrell if he would share this with them and he
said he would. Mr. Farrell agreed to share the cost of removal of backfill
and sod with Lindsley.
Mr. Farrell asked if Lindsley will have the same contractor do the curbing
or will it be done separately? Mr. Farrell said he sent a cash bond to
Mr. Birken and he has agreed to do these things 60 days from the date of
approval so there will be no more changes. At that time, Mr. Farrell said,
he does not want to be held up by Lindsley's man who is not going to get
his curbing in and this might hold up Mr. Farrell's work. V/M Disraelly
said that they cannot guarantee that Lindsley will be approved within the
60 days. Mr. Farrell said he will do his side of it and if it is not done
then he will share the cost with him and not him with Mr. Farrell. V/M
Disraelly agreed that this was fair enough.
Mr. Farrell said he must know who it is doing this work because he wants
to know what they are billing him for. Mr. Farrell said he would like to
straighten out for the record that he specifically said he would not go
west of his exit, his main entrance on 57th St., he would not go west of
this; it shows on the site plan and he will do it. V/M Disraelly said
for the length of Mr. Farrell's property then to the bull nose and every-
thing on the north side as shown on the site plan. Greg Darby said the
cost of the backfilling and the regrading of the median will be split by
the two developers.
V/M Disraelly said the beautification around the sign will be done by
Mr. Farrell and the color of the sign will be taken up with Marshall's.
V/M Disraelly asked if $10,000 will cover the cost of everything mentioned.
Mr. Farrell said yes and he wants to replace his dumpsters and he is
putting the dumpster people on notice and they will be sued for damages
in the future.
-ape
3 V/M Disraelly asked about the Orangery and the spaces they are using.
Mr. Farrell said they supply the parking spaces and they inherited the
tenants. The tenants were given licenses from several people, Mr. Miller
checked them out and everything is right. The Orangery has been told that
the parking spaces are only to be used for parking but perhaps it is
Council's place to cite them. Attorney Birken said the problem is that
there is no specific regulation being violated. However, Mr. Farrell has
somewhat of a problem because he is being given credit for parking spaces
that are not there.
The City Attorney said, if in fact, the Orangery continues to use those
spaces for purposes other than for parking, it would not be appropriate
for Council to count those spaces in the total that is provided. The
City Attorney said if Vordermeier cannot control the problem then
the City has to grant a waiver and take two spaces less.
Greg Darby said that the spaces are there and the tenants have been told
to remove the crates they store in these spaces. It is a violation of a
City Code and is not being caused by Vordermeier. From Vordermeier's
standpoint, if someone puts a sign up in the window of a store, that is
in violation to Tamarac's Code, it is not Vordermeier's responsibility,
the City cites the landlord that put the sign up. This is the same case.
Mr. Darby said at the last Council meeting when this was brought up there
was a discussion that the Code Enforcement Officer would go there and cite
the Orangery.
- 10 - 2/24/82
/pm
Attorney Birken said this is zoned B2 and the problem is that B2 is not
as clear. Mr. Birken read from the Code: "Outside storage of merchandise
shall be permitted only when incidental to the commercial use located on
the premises provided that the storage area shall not be located in any
of the required setbacks and that the stored merchandise shall not protrude
above the height of the enclosing wall or buildings". Attorney Birken
said the problem is not a violation of the Code, the problem is that the
developer hasallocated a certain number of spaces and they are being
provided for a different purpose. It is wrong to give credit for those
spaces in terms of parking because there is no parking that can be used
at that location.
Mayor Falck said that this problem should be handled in some manner since
this has been discussed several times. Attorney Birken said, as far as
he can see, there is no violation of the City Code by those crates being
there. V/M Disraelly asked if the conclusion is that it is the respons-
ibility of Vordermeier to get those spaces clean?
C/W Massaro said the City Attorney should think about this some more and
make a determination later as to what to do with the Orangery because
whatever it is it can be taken care of later.
Mr. Farrell requested that whatever the decision is that Council would
put it in letter form because he can have a vehicle removed if it is
declared abandoned and this would be helpful legally. Mr. Farrell said
those parking spaces were not leased and there is no exclusive rights to
any parking spaces that are there.
V/M Disraelly said there are some dumpsters outside the enclosures now.
Mr. Farrell said there is a problem with the dumpsters in the fact that the
gates have been giving them a problem. The gates have been ordered
separately so that there will not have to be as many ins and outs and
leave the gates opened and someone could be injured. They are there
temporarily. As soon as the dumpster gates are properly fitted they will
remove the excess. V/M Disraelly asked if they are going to remove the
raised slab that is there now and put a new slab? Greg Darby said this
will be done. Mr. Farrell said nothing has been done since October or
November until final approval so that he knows it will not be changed
again.
V/M Disraelly asked if the same compactor would stay there or a different
one put in? Mr. Farrell said to his knowledge the same one will stay.
V/M Disraelly said this must be cleaned up. V/M Disraelly said if Council
accepts the cash bond which is referred to in the letter of February 19
where $5,000 was sent and the City is holding a $5,000 prior cash bond
and the situation of the curbing on 57th St. has been clarified,and Mr.
Birken clarifies the situation on the Orangery, then he would MOVE the
APPROVAL of the Site Plan and the Temp. Reso.#2182 and the conditions
pertaining on Page 2 of those items that have been discussed at this
meeting. C/W Massaro SECONDED the MOTION and asked Mr. Farrell when this
would be done? Mr. Farrell said this will be done in 60 days.
Mr. Birken, said that Council must be specific on the bond; do they want
to accept the additional $5,000 or do they want to draw down on the
$10,000 and how should this work? V/M Disraelly said that they should
not draw down on this $10,000. C/W Massaro said if they get this done
in 60 days and V/M Disraelly said if the City is holding the $10,000
the funding will be there for whatever shortfall there is.
VOTE: ALL VOTED AYE
2/24/82
/pm
35. DOT Reguest that County Remove Traffic Li ht & Flashers from School
Discussion and possible action. Agendized by consent.
SYNOPSIS OF ACTION: Agendized
by consent (See Page 21 & 22).
C/W Massaro said there is an item to be Agendized by Consent. She had
received a call that morning that the DOT has requested that the County
remove the traffic light and the flashers at the school. This should be
agendized because they are going to ask that they do this tomorrow and
there should be discussion on it, SECONDED by V/M Disraelly.
VOTE: ALL VOTED AYE
23. Sabal Palm Townhouses - Discussion and possible action on a request
to extend approval of a site plan (to be located at NW 46 Ave. and
NW 59 St.)
SYNOPSIS OF ACTION: APPROVAL
w/conditions.
Attorney Birken said that this is a precedent -setting request because
this is the first application to extend permission to delay beginning
work on a project for more than two years. The regulations do permit
this as more recently written in Ordinance 81-53 and Council may take
whatever action it deems appropriate.
Walter Rogers, representative of Sabal Palm "Townhouses said that basically_
they would like to have started yesterday. However, the economy just does
not permit this. This is why they are asking for an extension.
C/W Massaro said she understands their plight and as long as they have
made whatever payments were necessary up to date and they have agreed to
update the plans for whatever new requirements are necessary on the present
ordinances at the time that they apply for a permit. In good conscience
the City should agree on this time extension. There is a memo from
Richard Rubin that it should be made clear that they will construct a
seawall on the existing canal on the eastern property line. They have
already done that, apparently the City Planner did not look to the
engineering plans. Therefore, there is no problem and she MOVED that
the time be extended for a period of 12 months subject to the applicant
being required to review the plans at that time to determine if there
are any new ordinances that the Council may want them to comply with.
Attorney Birken said they should review these plans before they come in
for a Building Permit. C/W Massaro agreed and said the plans should be
reviewed before they apply for a building permit or an extension and this
would be 12 months from the time that their time expires. V/M Disraelly
asked about a guardrail on 46th Ave. where they show a swale area the
distance from the street to the water line is not indicated. C/W Massaro
Baia the City has a law and they must comply with the law if it is less
than what is required within the City's development ordinance then they
would have to put it there.
V/M Disraelly asked if they are paying for water and sewer now. Attorney
Birken said they pre -paid these and recreation. Mr. Rogers said they have
already given almost $200,000 in pre -paid inpact fees, water and sewer,etc.
C/W Massaro said the water is there and the ability to service them is
there even if the water and sewer lines are not there. V/M Disraelly
SECONDED C/W Massaro's MOTION.
VOTE: ALL VOTED AYE
- 12 - 2/24/82
/pm
27. Professional Forms and Systems - Discussion and possible action on:
a) Site Plan - Temp. Re_so. 12185
b) Landscape Plan
c) Acceptance of Utility Easement
Temp. Reso. #2186
(to be located on the west side
Commercial Blvd.)
SYNOPSIS OF ACTION: TABLED
until revised site plan is
submitted
from Charles A. Chomas by
of NW 37 Ave., north of
a) V/M Disraelly said he met with Richard Rubin on this and he totally
disagreed with the figures that were presented and the computations
that were made on Page 4 of the original plan shows that the office
net space is 600 square feet and his computations are 680 square feet.
The warehouse net is computed at 2,243 square feet and he arrived at
a figure of 3,139 square feet. The mezzanine computes differently and
Richard Rubin called Mr. Griffin and advised him of the discrepancies
and they were told there were changes that would have to be made in
the size of the building
because we are involved with six parking spaces and according to the
Vice Mayor's computation, it would require eight parking spaces.
V/M Disraelly said that as a result they received a new site plan
yesterday and again computations were made and he finds that the 600
square feet of office is now 686 square feet and the warehouse may now
be at 2,995 square feet and this still would require a minimum of 7
parking spaces. The Vice Mayor said that in the measurement of all
of these spaces, he reduced the measurements from the outside measure-
ments that were given for the construction of the building. He reduced
it by 8" on either wall so that he came up with the net figures of the
interior space. The Vice Mayor said he would appreciate Mr. Griffin
explaining how he arrives at these computations.
Dan Griffin said in the office space the net measurements were measured
from the inside of the board partition which is on the south end of the
building,, which is 49.8 x 1410 less the indentation for the entrance
which is 24.4 x 4.4. V/M Disraelly said that you cannot consider the
walls twice.
Mayor Falck referred to the City Planner's memo in which he states:
"Council should be aware that as of February 23, 1982 the Planning Dept.
has not received the City Engineer's written report required by Ordinance
81-53 and they might want to table the matter". Mayor Falck asked why
this is being discussed if it cannot be considered.
Mr. Griffin said he sat with the City Engineer the end of January and
discussed this with him, Mr. Miller and Mr. Rubin and at that time he
told Mr. Griffin he would approve it and send it on to the City Council.
Upon hearing this, Mr. Griffin prepared his submittal and submitted this
on February 4 and he found out yesterday that the proper paper work has
not been done. On the matter of the office space, Mr. Griffin said that
there are only six parking spaces and they will reduce the office space or
whatever it takes to satisfy Council's requirements. V/M Disraelly said
it would take a new site plan.
The City Manager said there is a memo in Council's backup material
indicating that the engineering drawings and recommendations had not been
discussed and received by the Planning Dept. at the time they submitted
their backup materials to Council. She said Mr. Griffin has indicated
that he has spoken to Mr. Keating previously about his plans and the City
Engineer was supposed to pass them on with recommendation for approval to
Council.
- 13 - 2/24/82
/pm
Mr. Keating said he was going to pass this on for approval but he was
going to make sure in his memo that he pointed out as accurately as
he could the ramification of this development and its variations from
compliance with the City Code and the action that had been taken by the
Board of Rules and Appeals with regard to the drainage design.
C/W Massaro asked the City Engineer if he feels there will be problems
with this and he said no, but that Council must make a decision and in
order to give Council the necessary information to make that decision
he wanted to be sure the memo he sent accurately depicted what is going
on. Mr. Keating said he has had several discussions on this with Mr.
Griffin and at one point they were waiting for additional information to
come through with regard to this project from the architect's office and
the City Engineer instructed his staff that as soon as the project was
otherwise ready to proceed, to let him know and he would prepare the memo
for Council.
C/W Massaro said there are several things to be addressed here and she
MOVED to TABLE this item until it is straightened out with the architect
and come in with the proper site plan and all other material that is needed
C/W Massaro included in her MOTION to instruct the City Engineer to
prepare that memo within the next week. SECONDED by C/M Kravitz.
V/M Disraelly said it should also be indicated that when Mr. Rubin talked
to Mr. Griffin there was a matter that could not be determined on the
site plan because of a dotted line there whether there would be an indent
on both walls or not. V/M Disrdelly said he wanted to point it out to
Mr. Griffin now and he indicated that there would be other changes made
on the site plan,
Mr. Griffin said he feels confident that they can satisfy the requirements
with the second submission and he asked if he were to sit down with Mr.
Rubin would that be satisfactory. C/W Massaro said he must come back and
submit a new site plan before Council.
VOTE:
ALL VOTED AYE
28. Onecio Perera Sh2pLin2 Center -- Temp. Reso. #2187 - Discussion and
possible action to call a performance bond posted for public improve-
ments.
SYNOPSIS OF ACTION: APPROVED
as amended.
RESOLUTION NO. R- L2:� PASSED.
Attorney Birken read the Resolution by title and asked the Assistant City
Clerk if -anyone has been notified on this. The Assistant City Clerk said
that Engineering called them, and had written a confirming letter to State
General Contractor. The Attorney said the work has not been done and the
bond is about to expire. The bond if for $11,000, the contractor has been
notified and the bonding company will be notified. The City Attorney said
he-will'look at the bond and if the bond says that all they have to do is
tell them that the work has not been performed by a certain date and they
will honor this Irrevocable Letter of Credit, this is not a Suretv Bona.
C/W Massaro asked how much time they require for notification in their
bond? Attorney Birken said there is no provision, there is no amount of
time, it is on or before March 5th. C/W Massaro asked if he should not
take at least ten days to notify them before the bond expires. The City
Attorney said they will be happy to notify them and suggested Council might
want to change the date in Section 3 to March 1.
C/W Massaro MOVED that Temp. Reso. #2187 as amended be APPROVED, SECONDED
by C/M Kravitz.
VOTE: ALL VOTED AYE
- 14 - 2/24/82
/pm
29. NW 61 Street - Southwest Corner - Discussion and possible action.
SYNOPSIS OF ACTION: Council
indicated that the City Atty.
should proceed with proposals
outlined in his memo of 2/23
C/W Massaro said that they have been discussing this with Soley Goldberg
the possibility of the dedication of the land that is necessary in order
to be able to put a traffic light there and this is a requirement by the
County DOT and Mr. Goldberg did not think there would be any problem.
C/W Massaro said Mr. Birken is now waiting for this document to be prepared.
Attorney Birken said he sent Council a memo dated February 23 setting out
what has been discussed with Mr. Goldberg and the steps that are proposed
and all he asks for today is an indication whether this is an approach
that is acceptable to Council.
The City Attorney said the documents are being prepared assuming that
this approach is acceptable and they will be distributed as quickly as
possible, a Resolution is premature at this time. C/W Massaro said a
Resolution is premature but this is on the agenda because of the fact
that time is of the essence when these documents come in, they will be
asking for a special meeting. Unless this can be put together very
quickly they will be losing the equipment that is available to the city
now at a saving of $25,000. In the meantime, C/W Massaro said, they are
contacting various people trying to get together the money that is
required which is $65,000.
Attorney Birken said this is a difficult proposal and before he goes
much further preparing the documents he would appreciate some input in
that regard.
V/M Disraelly referred to Mr. Birken's memo of February 23, Item 5,
which reads:"Removal of restrictive covenants placed on the property
in 1978 concerning use of the property for a strip shopping center and
for a retail grocery store". He asked the City Attorney what their intent
is. Mr. Birken said there was a restrictive covenant placed on the land
in 1978 which limited the use prohibiting a strip -shopping denier prohibiting
a grocery store and a gas station and this proposes that those restrictions
be removed.
Mayor Falck asked for a memo on this so that Council is aware of these
matters.
MAYOR FALCK RECESSED THE MEETING FOR LUNCH UNTIL 1:30.
- 15 -
2/24/82
/pm
B L A N K P A G E
(MINUTES CONTINUE ON PAGE 17)
- 16 - 2/24/82
/pm
MEETING WAS CALLED TO ORDER, ROLL CALL TAKEN, AND ALL PRESENT.
26. Tamarac Town Square - Discussion and Possible Action on the
Tape construction of sidewalks for this project.
4
SYNOPSIS OF ACTION: Tabled to Reconvened Meeting
of March 5, 1982.
Councilwoman Massaro inquired if anyone was present to represent
Tamarac Town Square.
Mr. Gary Bloom, Craven & Thompson Associates, Engineers on the
project appeared before Council as the Developer's representative.
Vice Mayor Disraelly requested a verbatim transcript of the dis-
cussion.
Mr. Gary Bloom: As you know, gentlemen, the Tamarac Town Square Site Plan
has been approved and there were various discussions during the
concept of extending sidewalks across the canal along 81st Street
and Southgate Boulevard beyond the boundaries of the property.
It was the Council decision to request from the client that he
extend those sidewalks and during additional meetings he agreed
to extend sidewalks if it would not entail any additional cost
other than running the sidewalk itself along 81st and Southgate
Boulevard. We did investigate the feasibility of extending the
sidewalk along Southgate Boulevard and 81st and found that in
order to run the sidewalk along Southgate Boulevard it would entail re-
moving some woodblocking on existing guardrails along that location and
it was against all safety criteria established by the D.O.T.
and the F.H.W.A. We had discussions with Larry Keating regarding
that and he had agreed with us that to remove the woodblocking and
provide a 41" width sidewalk across that area would be a detriment
for safety regarding any impact with that guardrail. He aqreed that
it would not be a requirement that we install it in that fashion.
Along 81st Street we found that there is existing guardrail on 81st
which is located approximately six feet off the existing edge of
pavement. The right-of-way line for that roadway is approximately
10.2' off the existing pavement. We were willing to run a sidewalk
across there at the proper location which is at the right-of-way
line, but it would then entail removing of the existing guardrail,
building up the bank slopes, filling in portions of that canal to
accommodate for it and relocate the guardrail to be behind the new
sidewalk. We felt that was the only feasibile way as far as safety
standards are concerned, to construct a sidewalk across there and
we made that recommendation fn tha F.najnparlc nffic-P. HnWPVpr, we
also stated that our understanding was that the client did not
agree to undertake this extra additional amount of work to construct
that and therefore we requested that we bring this back to the
Council for a determination. Larry did ask us why not just meander
the sidewalk in front of the existing guardrail and just construct
it as it is on the south side of the roadway. We did state that in
our opinion, to run the sidewalk in front of the existing guard rail
and put it within one or two feet of the edge of pavement would be
a safety hazard and that if we are going to make improvements to
the area on our engineering drawings, it is our responsibility to
make all safety improvements associated with it, being that we would
have to remove the guard rail, it is a sub -standard guardrail in
itself at this point, it has no woodblocking, it has end connections
that are not proper for today's standards and therefore we made the
recommendation that we could not be put in a position of running
that sidewalk in front of the existing guard rail and putting
ourselves under this liability. We felt that the only way we would
put them on our plans would be to do it in a safe manner, and that
being removal of the guard rail, building up the bank slopes and
then run the sidewalks at the proper location. Therefore, we are
here today to discuss those issues. The client is here from
Southeast Shopping Centers and if you would like any questions to
be answered I'll be pleased to answer them for you.
Vice Mayor Disraeli : May I ask this question, Mr. Bloom. There are any
number of guard rails in the City with sidewalks adjacent to them
and there are no wood blocks between the guard rail and the post.
Mr. Bloom: That is correct.
17
Vice Ma or Disraelly: Well, why are you indicating at this location that
the guard, the posts, the blocks have to be there whereas in many,
many locations that you and I know exist there is no wood block
there. Why is there a big problem with that?
Mr. Bloom: Because we have no problem of leaving a guardrail in a loca-
tion where it exists without wood blocks, but to take a standard
guard rail and to remove the wood blocking against safety standards
of today - we can not be put in that position. In fact, --
Vice Mayor Disraelly: Well, I don't understand it. A guardrail that
exists right out here, without the wood block --
Mr. Bloom: Is substandard. Today's standards - it is substandard, yes.
In fact, we did follow through on a correspondence to John Gerren,
Director of Transportation Division of Broward County, to request
his input regarding the safety standards for wood blocking on
guardrails. And I would be pleased to read this into the record.
"The reason for the wood block between the guardrail post and rail
itself is to minimize pocketing of the vehicle, as described in the
yellow book 'Highway Design and Operational Practices Relating to
Highway Safety' (that's the actual standards) we certainly would
not want to be involved in any intentional removal of the blocking
due to the liability of the aspect and we would not knowingly
approve any plans showing such a violation of the guardrail standards.
If you do not have a copy of the document in reference to 'the
yellow book' and desire to view what is quoted, Lee Billingsly has
a copy in his posession." That was signed by John Gerren on
November 17, 1981. So therefore it is our position, to remove a
standard guardrail wood blocking section to make it sub -standard
would open us to liability and we are not in a position to do that.
We are in the same position regarding the sidewalk along 81st Street.
To run an improvement of a sidewalk across an area which has a
sub -standard guard rail in itself as of this point, plus putting
pedestrians closer to the edge of pavement than normally practiced,
we feel the only way that we would be reasonable to construct a
sidewalk would be to construct it at a proper location which is at
the right of way line which would entail removal of the guardrail,
entail filling in the canal bank slopes, and putting in a new
guardrail behind the sidewalk.
Vice Mayor Disraell : Isn't that guardrail on 81st Street further away
from t e pavement than in many other areas. Did you move that
guardrail to the south, then, is what you are indicating?
Mr. Bloom: Further to the north. The guardrail right now is approximately
six feet off the existing edge of pavement. The right-of-way line
of the roadway, where the back of the sidewalk is normally placed
is 10.2' off. We would normally run this sidewalk right along
the back of the right-of-way line, five foot in, and therefore
it would entail putting the guardrail behind the sidewalk, so
therefore we would approximately move that guardrail over six feet
to the north, which would entail filling on the canal bank slopes
and reconstructing on the guardrail, and construction of the side-
walk.
Vice Moor Disraelly: How far did you say the guardrail should be from the --
Mr. Bloom: Well, present safety standards recommend that the guardrail be
a minimum of twelve feet from the edge of pavement, where practical.
Vice Mayor Disraelly: Where practical. But if it's impractical, how many
feet do you need from the right-of-way, from the pavement to the
sidewalk?
Mr. Bloom: There is no standard to say where it is not practical where
you would put it. You would have to engineer it such that you
do the best you can based upon conditions.
Vice Mayor Disraelly: That guardrail is approximately seven feet from the
pavements
-. 18 - 2/24/82
Mr. Bloom: Our survey indicates it is about six and a half feet. If
we were to leave the guardrail there, we would have to run the
sidewalk in front of it. It's a five foot wide sidewalk which
would mean the edge of the sidewalk would be within one foot of
the edge of the pavement. We feel that is a dangerous condition,
we don't want to impose the pedestrians to that type of liability
or ourselves if something should occur at that location.
Vice Mayor Disraell : Many sidewalks are adjacent to the pavement.
Councilwoman Massaro: My sidewalk in front of my house is right on the
pavement.
Vice Mayor Disraell : Throughout Commercial Boulevard,every major highway,
the sidewalk is contiguous to the paved road.
Mr. Bloom: With the curb and gutter section through it, yes. There is
normally a curb and gutter, and approximately two feet of grassed
area and then the sidewalk.
Vice Mayor Disraelly: There is no grassed area.
Councilwoman Massaro: There is no grassed area.
Mr. Bloom: Well, they have seven foot sidewalks.
Mayor Falck: You two are synchronized.
Mr. Bloom: The normal, typical, County section is seven foot of sidewalk
with curb and gutter in it.
Councilwoman Massaro: Mr. Bloom, I would like to ask you a question. How
much would you be saving by not putting a sidewalk in on Southgate
Boulevard?
Mr. Bloom: On Southgate Boulevard? I don't know the extent it would run
itself, but --
Councilwoman Massaro: How much would the cost be to do what you are saying
needs to be done on 81st?
Mr. Bloom: Quite substantial. I haven't calculated, we haven't designed it.
because we haven't surveyed the complete area to determine how much
canal sloping is needed, and so on, but I am saying in the range of
probably $10,000. worth of work to do that there.
Councilwoman Massaro: How close are you to putting the sidewalks in.
Mr. Bloom: We have not included the sidewalk across the canal in our
engineering plans. They are not included, we stopped them at the
property line.
Councilwoman Massaro: Mr. Mayor, I have tried to reach Mr. Gerren to get
some answers regarding both areas and he has been unavailable today,
he was out and he is now at a meeting and I could not reach him. I
think that this should be laid over to the next regular meeting, or
if we have a special meeting in between, perhaps by then. Because
we may have a special meeting on the other 61st Street subject. I
don't think we are in a position to make a decision on this right
now because I think we can estimate what the saving would be if
they don't put the sidewalk in at Southgate and because as it stands
right at this moment I can see that it is a very difficult thing to
plan a sidewalk on Southgate Boulevard. 81st, I think there is
a strong possibility that they can do it. But, I think we need to
really evaluate both areas and sections and see what can be done
and I would think that a Motion for tabling would be in order here
until we get some more positive answers. I didn't make the Motion
yet, because I want to give anyone else that has --
Mayor Falck: For Council's benefit, it is my intent to reconvene the
Council at 11 o'clock on Tuesday, if that is satisfactory. I didn't
relate to you the matter of the insurance problem and we are not
prepared to discuss that this afternoon and I don't think we will
discuss that until the first of the week --
2/24/82
- 19 -
Vice Mayor Disraelly
11 O'clock Tuesday?
Mayor Falck: Yes, that would be my intention.
Councilwoman Massaro: Could it, maybe, be a little later than Tuesday?
So that may e Thursday so we could have the other things ready?
Vice Mayor Disraelly: I won't be here Thursday afternoon.
Mr. Bloom: I would be open to any discussion you may have regarding
what input you may need, I believe your Engineer did review it,
I know what his input is.
Mayor Falck: if it is satisfactory with Council I could reconvene
Council at eleven o'clock on Wednesday, but Thursday is out.
Councilman Zemel
I won't be in that week, so it's all right with me.
Mayor Falck: You won't be in the whole week?
Councilman Zemel
No. I'm busy beating the bushes.
Mayor Falck: If that's agreeable with Council, that's all right with me.
It has to be done no later than Friday, then. I don't want to get
mixed up with the following week. Let's just schedule it for eleven
o'clock and we will do it that way.
Vice Mayor Disraelly: I just wanted to make the comment to Mr. Bloom
that I wrote to Dan Oyler on .Tune 18th, last; never had a response
in all that time.
Mr. Bloom: Yes. I am familiar with that. The response went directly
to your Engineer, Sir.
Vice Mayor Disraelly: Pardon me?
Mr. Bloom: The response went to your Engineer.
Vice Mayor Disraeli : He didn't have a copy of my letter, and it would
have been interesting if I had received a copy. The only other
letter that I know of that came in is one addressed to the Mayor
on September 2nd with a request for special exception. But there
has been no response to --
Mr. Bloom: If you will recall, when this came up at the site planning
stages it was not a code requirement, it was a request by the
Council to the Developer that he would install this along with this
development and he agreed if it would not entail additional cost --
Vice Mayor Disraeli . I will not quibble with that, but since that
Council action there has been no communication.
Mr. Bloom: The only communication since that Council Action has been
Through your Engineering Department.
Vice Mayor Disraelly: Council was unaware of it.
Councilwoman Massaro: I would MOVE that this Item be TABLED until
Friday, at M.
Ma or Falck: That's Friday March 5.
Councilwoman Massaro: Friday, March 5, at 11 AM.
Vice Mayor Disraelly: Mr. Mayor, may we have the comments of this item,
Carol --
Carol. Evans
Did you want a verbatim?
Vice Mayor Disraelly: No, I didn't ask for verbatim.
what Mr. Bloom said to us so that we --
�40=
But the gist of
2/24/82
Councilwoman Massaro: Mr. Bloom's comments just about verbatim, the
rest of it is not important.
Vice Mayor Disraelly: Whatever, I don't want to make her type every word
of it. Whichever is easier for her, as long as we have his comments
for reference a couple of days prior to the meeting.
Mr. Bloom: If there are any questions from the Council members they can
call me directly 971-7770.
Mayor Falck: Could we have a SECOND to the MOTION.
Councilman Kravitz: SECOND.
Mayor_Falck: We have a Motion and we have a Second. Call the question.
VOTE: Councilman Kravitz AYE
Councilman Zemel AYE
Councilwoman Massaro AYE
Vice Mayor Disraelly AYE
Mayor Falck AYE
25. Lake Colon (Brookwood Gardens) - Tem Reso. #2184 -- Discussion
and possible action on cancellation of an Easement and Option
Agreement and refund of a cash bond.
SYNOPSIS OF ACTION: APPROVED
RESOLUTION NO. R -,-E�PASSED.
Attorney Birken read the Resolution by title. V/M Disraelly said he goes
by there every day and the trailer has been gone and the area has been
cleaned, there is no reason to hold this; he MOVED to ADOPTION of Temp.
Reso. #2184, SECONDED by C/W Massaro.
VOTE:
ALL VOTED AYE
6. Lawn Maintenance Contract - Tem Reso. #2178 - Discussion and pos-
sible action to correct the unit price per square foot reflected in
prior resolution awarding a three-year contract to Quality Lawn
Service.
SYNOPSIS OF ACTION: APPROVED
as amended.
RESOLUTION NO. R..r - Zg_PASSED.
Attorney Birken read the Resolution by title. The City Manager said there
is a correction to be made in Section 3, Lines 23 and 24 "the award is for
a period extending from" that was February, 1982 through September 30,
1984. The award was discussed on a three-year basis.
C/W Massaro MOVED the ADOPTION of Temp. Reso. #2178 as amended on Line 24
revising the date of September 30, 1983 to September 30, 1984. SECONDED
by C/M Zemel.
VOTE:
ALL VOTED AYE
35. DOT ReSluest that Count. Remove Traffic Lights & Flashers from School
Discussion and possible action. Agendized by consent.
SYNOPSIS OF ACTION: Agendized
by consent. (See. Page 12) City Manaapr
will contact school to officially
notifv uarents that light wi.11_ hp removed.
Larry Keating said he received a phone call from Walt Lashley and he
indicated that the State Road Dept. had requested the County remove both
the traffic light and the flashing yellow lights as soon as possible.
Mr. Lashley was tentatively scheduled to do this tomorrow and Mr. Keating
asked him to wait until he checked with the City Council as to their
feelings on this. As Mr. Keating understands it, they are just removing
the facilities and he did not indicate that they were going to reinstall
- 21 - 2/24/82
them immediately in any given location. Mr. Keating said he could call
him back and ask him, if Council wishes, to go ahead and remove the
facilities but not to go ahead and reuse them or commit them in any
other location.
The City Manager said she was led to believe that this particular light
could not be utilized as a general traffic signal because of the flashing
system and the hand controls. Mr. Keating said there probably would be
a lot more instrumentation required to use it as a tvpical control liaht.
Mayor Falck said the City cannot keep them from removing it and if the
City did not concur it would be taken down anyway. Mr. Keating said the
State would require this. Mr. Keating said Mr. Lashley told him the
flashing lights belong to the City. Attorney Birken said the City forfeits
all the traffic engineering devices to the County when the City signs the
agreement with them.
Mayor Falck said he is only concerned about one thing and the school should
be notified and this may not be a good time to take this down. First of
all, the school would have to notify all the parents. Mr. Green ought to
have this information and they should run off a flyer for the children to
take home. This is just a precautionary measure and this should be done.
C/W Massaro said they are resisting putting a traffic light at 64th and
57th and she wonders if the caution lights might help there. What they
have used has not helped at all, there are more accidents then before.
Mayor Falck said he feels the blinkers might help.
Mayor Falck asked Laura Stuurmans to contact the school to officially
notify the parents that the light will be removed and to discuss with
Mr. Greene to delay this about two weeks or until the City Engineer writes
a memo.
PUBLIC HEARINGS
12. Toll Development, Inc. - Rezoning Petition #29-z--81 - Temp. Ord.#968
Discussion and possible action to rezone lands on the east side of
NW 94 Ave., extending eastward to the western boundary of Paradise
Estates, south of the Colony West Executive Golf Course, from R-4A
(15 dwelling units per acre) to R-3. First Reading.
a) Acceptance of Affidavit of Publication, Affidavit of Posting and
Affidavit of Mailing
b) Consideration of Application
(Applicant has requested this matter to be continued to a future
meeting. If this request is granted, this matter will be readvertised)
SYNOPSIS OF ACTION: TABLED —
to ne deferred to a meeting when the site plan
comes before Council. Readvertisement at Mr. Toll's expense.
Attorney Birken said that Council received a letter from Mr. Toll asking
that it be deferred to a later date. Council also received a letter from
the representatives of Leadership Housing asking the same thing and it is
the City Attorney's understanding that both parties would like this item
to be tabled until the meeting where the site plan is before Council and
if Council were to consider the site plan favorably then the approval of
the site plan would be effective upon enactment of the rezoning ordinance.
that the City Attorney would produce at the following meeting. This has
been done in the past and he felt it is not necessary to open the public
hearing or read the Ordinance if Council is agreeable to the request made
by the applicant.
Mayor Falck said he feels that in view of the communication he has seen on
this it should be tabled rather than spend time talking about it. C/W
Massaro MOVED that Toll Development, Rezoning Petition #29-Z-81 be TABLED
to a date to be deferred to a meeting when the site plan is scheduled to
come before the Council for approval and the public hearing will be re -
advertised at Mr. Toll's expense. SECONDED by C/M Kravitz.
- 22 - 2/24/82
/pm
Attorney Birken answered some members of the audience that requested
the Public Hearing at this meeting by saying that this would be readvertised
as a Public Hearing in the future.
VOTE:
ALL VOTED AYE
13. B & M Restaurant, Inc. d/b/a Spiro's Diner - Special Exception
Petition #1-Z-82 - Temp. Reso. #2181 —Discussion and possible action
to grant a special exception to permit on -premises consumption of
beer and wine at Spiro's Diner, 4949 N. State Road 7.
SYNOPSIS OF ACTION: APPROVED
with conditions.
RESOLUTION NO. R- 57e1 -15�a PASSED.
Attorney Birken read the Resolution by title. Mayor Falck opened the
Public Hearing and closed same because of no response.
C/W Massaro said that the outside of this restaurant is in deplorable
condition; there is no beautification there and there are rocks piled
up against the post. She asked if Mr. Balis, who was present and is the
owner, would be willing to put landscaping around there and clean this
up. Mr. Balis said he is planning to do his best over there. Mr. Balis
said the rocks by the post are the state's property and not his. C/W
Massaro said swale area in front of property is the responsibility of
the property owner. C/W Massaro again asked Mr. Balis if he would be
willing to do this and he said he would within 30 days.
V/M Disraelly said he will have to put a curb around the planters so that
the cars do not go over the planters. Mr. Balis said there is a curb
there. V/M Disraelly said then shrubs should be put in between the curb
and the sign. Mr. Balis did agree to this.
C/W Massaro MOVED that they be authorized to permit the consumption of
beer and wine at the B & M Restaurant with no sale after 2 a.m. and this
license is not transferrable. V/M Disraelly added to be served with food
service only. Mayor Falck stipulated that 2 a.m. is the local time, if
the time should change this does not mean that he is allowed to stay open
until 3 a.m.., with the understanding that within 30 days they will have
this area beautified. SECONDED by V/M Disraelly.
VOTE: ALL VOTED AYE
14. Off -Street Parking Standards - Temp. Ord. #636 - Discussion and
possible action to amend Chapter 18 of the Code pertaining to design
standards and modifying parking bay dimensions. Second Reading.
SYNOPSIS OF ACTION: APPROVED
on second reading as amended.
ORDINANCE NO. 0 u - PASSED.
Attorney Birken read the Ordinance by title and Mayor Falck opened and
closed the Public Hearing.
V/M Disraelly said Pages 1 and 4 have been revised on this Ordinance
which corrects some addenda that have been made previously. However, on
Page 3, .Line 16 it will now say "Curb and wheel stops shall be maintained
unbroken and in place". V/M Disraelly MOVED the ADOPTION of Temp. Ord.
#636 with the changes noted on second and final reading. SECONDED by C/M
Zemel.
VOTE: ALL VOTED AYE
- 23 - 2/24/82
/pm
30. Draina e Im rovements in the City - Discussion and Possible Action
SYNOPSIS OF ACTION: No Report
by City Engineer
The City Engineer had no report at this time.
31. City Council Reports
'ape C/W Massaro said she has had several discussions with representatives
5 of the Montwood Corp. and they are asking for the trailer to remain
at Woodmont, where it has been since the fire. They would like to
use that as a sales management and information center for referrals
and they are asking for up to three years. Appropriate fees, accord-
ing to present schedule, which is $1,100 every six months, they would
be paying that on all units that are site planned but not sold.
Anyone that has their own sales office would have to pay their own
fee so these would be subtracted. Subtracting those, they would still
have to pay on 1,000 units as it stands now.
C/W Massaro said they are asking that this be subject to review every
six months so that adjustments can be made. This is not too far
removed from the normal situation that the City requires. She indicated
to them that anytime special privilege is extended to anyone, the City
usually expects that something that the City needs would be done in
exchange for consideration. They are proposing to do certain work at
Tract 27 where the City has promised to install soccer fields. They
would use the City's drawing and furnish this to their engineers to
make it into a final drawing suitable for construction of the soccer
fields. After this is done in a professional manner, the plan will
then be submitted for staff and Council's consideration and possible
approval. After Council's approval, the Montwood Corp. would stake out
the site for sub -grade.
C/W Massaro said they have indicated that they would like the City
to do the dozer work for the sub -grade to .be done according to the
plan which they would submit, and Ralph Thissen has indicated that
the City would have the ability and the capacity to do this. They
further said that they would install the irrigation complete with a
pump for supplying water from the canal according to approved drawings
which would be detailed. This would be an automatic pump and the line
would be of adequate size to .accommodate future irrigation for the
entire site. An easement may be necessary at the canal from F & R.
C/W Massaro said they would further furnish the trucking, all necessary
top soil for one soccer field and do the fine grading. They would
then grass the soccer field with sprigs and proper soil amendments
in the same manner that they grass their golf course using 419 Bermuda,
which has been indicated to her by the Consulting Engineers as being
the finest and a very hearty grass to withstand the use it will be
exposed to. They will plant 12 springs per square foot with the
understanding that so often some of them die off. It takes approx-
imately 120 days for the grass to fill in from the time the sprigs
are planted. These cannot be planted until the water is connected
and ready to use.
C/W Massaro said this field will require daily maintenance of approx-
imately one hour which they will provide until the last month at which
time the City will need to have a man appointed who will be responsible
for the maintenance of this soccer field. They are willing in this
final month to work with the man assigned to show and train him to
care for this properly. Mr. Eppel is contacting FP & L to determine
if power is available and if it is they will further make the electrical
connections for the automatic pump and this must be watered daily
- 24 - 2/24/82
/pm
throughout the growing period. The entire cost of this project
to Montwood is $31,650 plus the electrical connections in addition
to that figure. They are willing toassume all but $9,975 of this
cost. The $9,975 they are willing for the City to credit Park and
Recreation Fees for 105 future units as they are site planned.
C/W Massaro said, of course, everyone is aware that they pay $95
per unit in Land Section 4, 5 and 6 in which they are located.
Those 105 units equal $9,975. The one soccer field, allowing for
agendizing time, which could be at the next Council meeting if
Council feels that this plan is satisfactory, all other work would
be fully grown in and ready for play September 1. If all conditions
meet the approval of the City Council, Montwood Corp. would have
their attorney draft an appropriate stipulation to have it ready
for the next regular meeting.
C/W Massaro said she will COPY this information that was given to
Council now for Council's consideration so that Council would be in
a position at the next meeting to take whatever action they would
deem appropriate. Ferhaps a memorandum should. go to the Citv Attornev
beforehand in case he would want discussion with them regarding this.
Mayor Falck said C/W Massaro is seeking reaction from the Council
as to whether they feel this has possibilities. C/W Massaro said
if there are any objections she would like to know so that she can
discuss this further with them.
V/M Disraelly said this is an excellent idea and C/W Massaro is to
be complimented on the excellent presentation of this. Mayor Falck
concurred. C/M Zemel said this is a fine idea and should be studied.
C/M Kravitz said he would like to study this more and will advise
C/W Massaro as to his thoughts after he examines this.
Attorney Birken said since Montwood has offered to have their attorney
prepare the stipulation, would Council have any objection to at least
having him get started on that? Council indicated no objection.
C/W Massaro said the nice thing about this is that their work is
always done in a very professional manner.
C/W Massaro said she has been concerned about some of the sites
where transformer stations have been put in. Sam Massaro showed
Polaroid Pictures to. Council of some of the pictures he took of
local transformers.
Mayor Falck said he has transmitted this to Mr. Birken and there is
an obligation to wind this up, they have already had the first reading
on the proposed ordinance. Mayor Falck said this will hopefully be
scheduled for the March 10 meeting and Council will take whatever
action is necessary at that time. C/W Massaro said at that time
they should be put on notice that they will be legally responsible
to have that service when it is needed. Mayor Falck said other
municipalities such as North Lauderdale and Coral Springs are affected
also. C/W Massaro said it does not affect them as far as how this
will esthetically affect the city.
11. Colony West County Club - Executive Course - Discussion and possible
action.
SYNOPSIS OF ACTION: C/W Massaro
was authorized to proceed with an offer
of $650,000 for continuance in negotiations
until it is brought back to Council for decision
as to whether Council approves and would like to go
to referendum. City Attorney will write letter to this effect.
- 25 - 2/24/82
/pm
C/W Massaro said since March there have been discussions with residents
concerning this. Some of those involved were Jack Rosen, who is an
Accountant, Syd Bass. Public Relations Man with 30 years of Golf Course
experience and a person who lives adjacent to this particular golf course,
Stanley Ruskin who is President of the Woodmont Country Club Advisory
Board, Jack Stelzer who is a qualified Accountant and Bill Borman who
owns the golf course in Mainlands. These gentlemen have been helpful
and sat in on various meetings.
C/W Massaro said in discussions with Mr. Rosen, a principal of the Colony
West Country Club, indicated that they are now in the process of building
their Country Club and they are willing to start some real negotiations
because of the fact that she has been making it clear to them throughout
that the City was interested in acquiring a golf course for its residents
and that the City would not be too happy with anyone else coming in there.
C/W Massaro said that now, with the Country Club under construction and
the time it will take for negotiations to be completed, they are not
looking forward to having 250 to 300 people coming into their new golf
club every day so the time is right for serious negotiations to begin.
They have indicated that the $600,000 proposal would not be acceptable
to Mr. Rosen's Board. C/W Massaro said she started with something like
$200,000 and the last figure that she submitted, subject to Council's
approval and subject to referendum, was $600,000.
C/W Massaro suggested to Council that this amount be increased to $650,000
as he wants an approval from Council to take this to his Board. Mr. Rosen
must take this before their Board and in order to do this he must have
approval from Council. She further discussed with him the possibility
of them taking a maintenance contract from the City so that they would
be responsible for the maintenance of this golf course and, hopefully,
for a period of three to five years at a fee of about $135,000 per year.
This is a reasonable fee. The costs on this have gone up since this figure
was given about 6 months ago but Mr. Rosen said she could use the figure
of $140,000 per year.
C/W Massaro said this maintenance,`would include the equipment and personnel
relating to maintenance. All that the City would have to provide would
be the two cashiers and the two starters. Rangers would be needed but
it is probable that such services could be obtained either on a volunteer
basis or in exchange for playing privileges. The City would have to purchase
a trailer, there is land an which to put it and that would be used for
the necessary work; office work, cashier, starting, etc.. This would cost
about $25,000. Of Course, the City would have to provide the parking
which does not have to be done immediately. C/W Massaro said the actual
details could and would be explored because this is all subject to further
discussions and referendum, but it is a starting point.
C/M Kravitz said he is more than confused. First, C/W Massaro spoke of
a committee working with her and he knows of no such committee. He said
he assumes these are aides. C/W Massaro said they are advisors. C/M
Kravitz said whatever they are called they are not a committee. Second,
he knows of no such committee and he never heard that anyone was authorized
to offer $600,000 and the last he recalls, more than 6 months ago, he was
given a statement of Colony West Executive Golf Course and in looking over
those figures, strictly from a financial point of view, he found them
totally unacceptable. He said he is speaking strictly as a Certified
Public Accountant. He discussed it with his aides who are all CPAs and
it was the unanimous decision. Now, he said, Council is being asked whether
it would approve to offer $650,000 and then go before referendum. He said
he would suggest that a committee be appointed officially made up of
knowledgeable people and that they come back to Council with a full report
- 26 - 2/24/82
/pm
and give the information to Council. As liaison to Finance, C/.M
Kravitz said, he feels he should be included in the figures and then
that Council give no recommendation at this time, whether it be $650,000
or $50,000.
C/M Kravitz said that Council has never decided whether the City should
have a golf course, what it would cost to maintain, etc. He said the
figures given to the Council, from his experience on golf courses, is
way off base. C/M Kravitz said he is not forming an opinion at this time
that Council should or should not buy the Colony West Golf Course or bid
on it but he simply feels that this is not the time to ask to make a bid
of any amount and it should be done in the normal channel. A committee
should be appointed, members should come back with a report and it would
be taken from there, rather than start with a proposal and look back.
Mayor Falck said to C/M Kravitz, if he would refer to his May 27, 1981
communication received from C/W Massaro he would see that she gave a
list of individuals that were working with her in connection with this
project. C/M Kravitz said at that time they were aides and this was not
an official committee. C/M Kravitz said they were never officially
appointed to do this task nor did Council ever say they were interested
in purchasing a golf course.
C/W Massaro said that at the time she had asked that they do not have an
official committee because they would never get it off the ground floor
and the City would never see a golf course of its own and one of the aides
that C/M Kravitz uses is the same aide that she used and if all of his
aides unanimously agreed that this was not a good thing; she said she had
before her a signed statement from one of his aides that says "The offer
to sell the Colony West Executive Course to the City for between $650,000
and $700,000 sounds like a good deal. The property probably is worth
more than that".
C/W Massaro said this is the understatement of the year because at the
figure she suggested it comes to just slightly over $4,000 an acre for
the 87 acres involved. She said she would like to see anyone make a
mistake on buying something like that. C/W Massaro said the aide also
went on to say, "But to own the course and maintain it would be impractical,
the course would not be self-sustaining based on the above figure sub-
mitted. However, at our last discussion in June, 1981 with principals
of the Colony West Country Club, it was stated that the Country Club
might consider providing complete maintenance for the Executive Course,
at $135,000 per year. If this can be accomplished for a five year period
with an offer of a 5% increase each year with stipulations of exactly
what maintenance would be furnished; how often the grass,tees and fairways
would be cut and so forth, then the City might consider the purchase".
She said he has certainly indicated here that he thinks it is worth
more and is certainly a good deal.
C/W Massaro said there was a feasibility committee before and there was
nothing when it ended. When it ended they wanted somewhere in the neigh-
borhood of $1,500,000 to $2,000,000. After the work that she did with
them she said she can guarantee that the City can purchase this under
the $700,000 figure; whether it will be for $650,000 or not is uncertain
but if it is played around with the City will end up with nothing.
C/M Kravitz said this was done six months ago and it is very possible that
these people have changed their minds and it is possible that he will
change his mind after he sees another statement and something reliable
on figures is shown but this has come to him as a complete surprise.
C/M Zemel said he feels as many others do that the City should look to
the owning of a golf course because eventually there will be no place else
to play for those people who cannot afford a very expensive membership in
one of the private clubs.
- 27 - 2/24/82
/pm
However, C/M Zemel said, he is not interested in seeing that the City
buys lands or property for investment of this type. He said the one
thing that bothers him is that there is a great percentage of non -players
in this City and whatever they do they must look forward to as close to
a self-sustaining operation as possible. Those who do not play golf should
not be penalized. When the City talks about providing tennis courts they
talk about charging. Therefore, he said, although he is strongly in favor
of a municipal course, they must look into various things as to the expenses
versus the income and how this would be over a period of approximately 5
years. So, before he could really make a decision and vote aye to paying
any kind of money at this particular moment, he would have to ask to have
figures in front of him as to projected costs, projected income and other
expenses such as capital equipment that would have to be purchased in order
to maintain the cost.
V/M Disraelly said first, again he wanted to compliment C/W Massaro for
the amount of work that has gone into this project and for the report that
she has given. For the benefit of the audience, the City started in 1977
with a Golf Feasibility Committee and some of the members of that committee
were some of those that she used as her assistants. The problem at that
time was that the golf course was not offered to the City for a small
amount but the City had to go out and buy it from the people that had a
tremendous mortgage on it at that time on both golf courses. The results
were the City went to the Dept. of Outdoor Recreation and they had stopped
funding in 1975 and the City went to other areas of the Federal and State
Government and in 1977 and 1978 was not a good time to borrow money
and many of them had gone out of that project.
V/M Disraelly said, however, several people had been looking into this and
one year ago Mr. Workman, who is associated with the Colony West Golf Course
handed all of the Council some material pertaining to this and C/W Massaro
did some investigating. V/M Disraelly said he investigated independently
and he does not use aides but friends who are qualified in certain directions
and he got a folder of papers prepared of potential income and potential
expenditures. If Council wanted to proceed in that direction, each could
have done this independently and come up with some numbers. He said he
contacted the City of Sunrise Golf Pro and Manager and got figures from
him. He got figures from the City of Pompano and their golf courses and
there are no secrets in this project.
V/M Disraelly said that the major difference concerning Pompano and Sunrise
is that they already own their golf courses so that they know what their
fixed expenses are. In Tamarac, the problem is that there is not only the
cost of the maintenance of the golf course, but there will be a cost that
must be off -set. However, if the proper arrangements could be made,based
on the cost today, there would be a great loss paying off the cost of the
golf course. This would probably last about 5 years, once the golf course
is paid off, based on the original figures submitted by C/W Massaro where
they wanted $180,000 for 7 years.
V/M Disraelly said what he is trying to point out is that things are not
as bad as they were at that time. He said despite the fact that there are
probably more non -golfers in the City then there are golfers, by the same
token there are a lot more non -tennis players then there are tennis players
in the City and over a number of years, the City can see where this will pay
for itself. He said he distributed a memo in May, 1980 indicating his
thoughts which were expressed here. He said this is merely a concept so
that the City can see where it can go from here.
C/W Massaro asked Mr. Birken if this cannot be paid out of the Parks and
Recreation Fees? Attorney Birken said at least part of it can certainly.
She said if Council sees fit to go ahead with this she would propose a
special referendum be held for it. C/M Zemel said the Vice Mayor is to
be commended for the work that he has done and he would be more than happy
ape to b allowed to look at his figures and when this comes up again he will
6 be more acquainted with the facts.
28 - 2/24/82
/pm
Mayor Falck said he wants to commend C/W Massaro for her thoroughness
on this matter. He said, as C/M Zemel noted, there are many non -players
in the City; however, non -players are not non -voters and people have a
right to decide what they want to do. He said as he looked over the
proposal he was amazed at the cost of approximately $7,500 per acre.
He said there is not much available for that amount of money. He said
he feels as the Vice Mayor does that Council is not being asked today
to buy a golf course but there are always proposals being made and he
is interested. He said he is not a golfer or a tennis player but these
things should be available to those who do enjoy them and he is willing
to indicate that if this course can be purchased for $650,000 or there-
abouts that in his personal opinion it would be a tremendous bargain.
V/M Disraelly said that the people who play golf would realize that if
there were a municipal golf course that the price to play is going to be
within the range that is currently paid to play. It will not be raised
higher because the City will not be looking toward a profit, but merely
realizing the expenses and meeting these. It is interesting to note, he
said that all of the golf courses in the area all indicated that they were
and could make a profit where the fees could be raised. He said the
important thing is to have a place to play with reasonable fees.
C/M Zemel MOVED to authorize C/W Massaro to proceed with a offer of
$650,000 for continuance in negotiations until such time as it is brought
back to Council to make their decision as to whether Council approves and
would like to go to referendum. C/W Massaro said the City Attorney should
be authorized to write a letter to this effect. C/M Zemel added this to
his MOTION, V/M Disraelly SECONDED.
Murray Blaustein, President of Lime Bay Golf Club said he wanted to remind
Council that he came into their office with a petition of over 2,000 names
requesting that there be a City golf course. He said this does not have
to be self-sustaining but should be supplemented by the City.
V/M Disraelly said that the. City does not intend to subsidize and they
should not go under the impression that the City will subsidize.
C/M Kravitz asked the City Attorney if Council offers $650,000 to the
Board to purchase this,is the City legally bound in any way to them.
Attorney Birken said he will write a letter so that it is subject to
terms and conditions of any agreement. C/M Zemel said there was an
addition to the MOTION, another phrase to the MOTION that the City Attorney
be authorized to prepare a letter.
C/W Massaro said for the record this is simply to get their approval
from their Board that they will consider the amount of money that is
offered. There are many details that must be worked out, from this point
on negotiations can begin.
VOTE: ALL VOTED AYE
Nat Berg, President of the Mens' Club of Lime Bay asked C/W Massaro if
there is a time basis? C/W Massaro said this is the first opportunity
that something constructive is happening and if Council approves she will
ask for a special referendum for this subject.
22. Woodlands Section 7 Clubhouse - Revised Site Plan - Temp. Reso#2175
Discussion and Possible action on a revised site plan for additional
parking and a building modification (tabled from 2/10/82)
SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. Rw PASSED.
with conditions.
- 29 -
2/24/82
/Pm
Attorney Birken read the Resolution by title. V/M Disraelly asked
which of the applicants was present at the Planning Commission meeting.
Mrs. Greene said she was present at the Planning Commission meeting and
V/M Disraelly said there was some discussion at that meeting about not
putting in the parking spaces even though they were shown on the site
plan. She said this is not the intent.
Martin Bright, VicePresident of the Woodlands Section 7 Association and
Lillian Feldman, President of the Woodlands Section 7 Association
introduced themselves.
Ms. Feldman said Mr. Niece was misinformed and should not have made the
statement that the parking spaces would not be put in. V/M Disraelly said
he wanted this clarified that what is on the site plan, three new parking
spaces,will be put in and the changes being proposed for the Clubhouse
will be put in and that the normal fees will have been paid.
C/W Massaro asked about the handicapped parking space. This must be
changed and should be adjacent to the walk. Ms. Feldman asked if the
requirement for handicapped parking is new and V/M Disraelly explained
that as people come into Council they are required to put these in.
C/W Massaro said when anyone comes in to have something new done, they
are told these are required.
V/M Disraelly MOVED the APPROVAL of the revised site plan, Temp. Reso.
#2175 and that the handicapped parking space be adjacent to the walk as
has been indicated by the petitioner at the present time, SECONDED by
C/M Kravitz.
VOTE: ALL VOTED AYE
24. Woodmont Tract 62 -Revised Site Plan - Temp. Reso. #2183 - Discussion
and possible action on a revised site plan for entrance signs.
SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R- ,.? - PASSED
with condition.
V/M Disraelly read the Resolution by title. V/M Disraelly said that the
City Planner recommends approval of the request subject to the sign on Lot
1 being placed outside the 15 foot setback line.
John Fleming of Woodmont Country Club said they will go to Beautification
for the sign. V/M Disraelly MOVED the APPROVAL of Tem . Reso. #2183 with
the condition that the angle on Lot 1 be changed out of the easement,
SECONDED by C/W Massaro.
VOTE: ALL VOTED AYE
Mr. Fleming thanked _publicly_all the inspectors of the Citv who have
been very cooperative on this project.
31. City Council Reports
C/M Kravitz said the Welcoming Committee has met and they are trying
to get more people from different areas involved. They are not having
mini -lunches but cookies, cakes and coffee served. He sent copies of
the minutes to members of Council and would like their comments. As
liaison to PIC he discovered they are considering starting a historical
museum and he feels this does not fall within the province of this
committee. This has been referred to the City Attorney. He would
prefer to set guidelines for all committees. He said various
committees should be advised to give Council a brief resume of
activities and the City Clerk is to advise the committees. Mayor
Falck said he was requested by Council to talk with the PIC Chairman.
C/M Zemel - No report.
- 30 - 2/24/82
/pm
V/M Disraelly said he visited 44th St. yesterday. They have not
replaced the sod on the side of the road adjacent to Woodlands.
In Lauderhill they are making that into a four lane highway up to
that point. The City Manager said on February 16 there was sod
there.
On Commercial Blvd. there should be no turn permitted on red.
- Fairmont Project signs on the trailer should go to beautification
Mr. Toll told City Attorney yesterday that he would apply for an
application in the next day or so. Concerning the trailer, the
City Attorney told Council that they can authorize him to seek
an injunction to shut down the trailer or Council can suggest
that the Code Enforcement Officer visit the site and issue a
Tape summons. The City Attorney will ask Mr. Toll's attorney to
7 provide an outline of his activities.
C/M Zemel left the meeting at 3:50 p.m.
32. Report- City Manager said they have received a letter from the
Census Bureau within the last week indicating that they are beginning
to make preparations to perform the special census that might
be requested by Government Agencies. They have requested a check
in the amount of $35 to prepare a cost estimate for the City. She
has authorized payment of that check and submittal to them for this
cost estimate. Mayor Falck said he was designated by the Federal
Government as the liaison for the City and he worked with the Planner
to handle the details on this.
Mayor Falck said Council did ask that he pursue this matter and he
indicated to Council in his last report in September that the Federal
Government indicated to the City that sometime in March or April,
1982 they would be coming back to the City with information that
could be reviewed and decided at that time if the City wants a full
census review or whatever. This is what has been requested by the
City Manager.
Mayor Falck said they have also indicated that it is very possible
that the City may want to work out an arrangement through the North-
west Council of Municipal Governments to participate in a joint one.
C/W Massaro asked the Mayor if he remembered when the City paid to
have an audit by the State and it paid off by receiving many times
the cost in return. Mayor Falck said they are ahead of their anti-
cipated schedule on this.
33. Report - City Attorney said he has been keeping Council abreast of
developments in two law suits which are very important, the Hardy and
Kaveney Cases. These are the cases where there was the arrest of the
gentlemen driving the truck that was full of marijuana. The plaintiffJ8
Counsel in the Hardy Case has made an offer to settle the case which
is a very fair offer, and the insurance carrier agrees. The Council
is aware that there are some questions concerning coverage and
possible gaps in coverage. The offer that was made to settle was
$15,000, there are two carriers involved. Each of the carriers has
offered to pay $5,000 towards settlement of this case. This is a
case in U.S. District Court, there is a request for actual and
punitive damages and it is likely that the request for punitive
damages will be struck.
The City Attorney said the cost of defense will be very significant
over the cost of the trial if it cannot be settled. The City has
some problems that will have to be looked at concerning its
relationship with its insurance carriers and this potential litigation
which will exist in the Kaveney Case which is not being proposed to
be settled at the present time. The offer was $5,000 from each of
the carriers if the City would be willing to put up $5,000.
- 31 - 2/24/82
/pm
The City Attorney said he recommends in the strongest terms that
this be agendized and that action be taken.
36. Hardy Case - Discussion and possible action.
SYNOPSIS OF ACTION: Agendized
by consent._ . City_ Attorney__and
insurance companies were
authorized to come to an agreement
with Mr. Hardy's attorney.
C/W Massaro MOVED that the Hardy Case be Agendized by Consent.
V/M Disraelly asked the City Attorney about the input about the Kaveney
Case and Mr. Birken said there are no offers to settle on this case and
Kaveney spent time in prison as opposed to being in jail, the City is not
admitt,in�, in any way, shape or form liability by the City Attorney's
statements today. This is a case with potential that could be signifi-
cant, the potential also is that they could go to trial and there would
be a judgment in the City's favor or minimal damages because the gentle-
men were engaged in illegal activity. Kaveney made the initial demand
of fi200, 000 which was r_.nmmunicai-PH to Council and nothing since then.
V/M Disraelly SECONDED the MOTION.
VOTE:
ALL VOTED AYE
Attorney Birken said he received a letter from Mr. Wagner and he
wrote a memo to Council which they just received and he feels this
is an emergency and requires immediate action. He said he has
submitted this proposal to Council, and he recommends it. V/M
Disraelly said based on what the City Attorney said if the City
goes to court at a legal fee of $125 per hour, 40 hours will use
up $5,000 easily; therefore, V/M Disraelly MOVED that the City
Attorney and the insurance companies be authorized to come to an
agreement with the attorney for Mr. Hardy that they settle the case
with $5,0.00 from each of the two insurance carriers and $5,000
on behalf of the City and that they receive total release from Mr.
Hardy for any damages whatsoever; also the individual defendants
who are named in the case.
C/W Massaro said she feels sick about this but she SECONDED the
iv10TION. Mayor Falck commended Mr. Birken on his keeping Council
informed on this.
VornE: ALL VOTED AYE
31. City Council Reports
Mayor Falck said he has finalized his plans to go to England from
May 25 to June 25. He has been invited to attend several meetings
during the month of March:
- Invited to participate in Conference of Mayors in Miami on
March 17, 18 and 19; expenses will be paid by the sponsor.
- On March 12 and 13 he must go to Tallahassee in connection with
insurance matters; expenses will be picked up by the Florida
League of Cities.
-- He has been invited to attend and participate in the Governor's
Conference on Education in Gainesville on March 29, 30 and 31;
expenses will be picked up by the sponsor.
- He referred to an article which appeared in the Miami Herald con-
cerning the census which stated that the average age of the citi,�ens
of the City is higher than any other municipality. rt.uap.' n,i_,s�
pointed out that Tamarac has the lowest percentage of non -whites.
- 32 - 2/24/82
/pm
MAYOR FALCK RECESSED THE MEETING UNTIL 11:00 A.M. ON FRIDAY, MARCH 5,
1982.
MAYOR
ATTEST:
AS ISTANT CITY CLERK
This public document was pramulgated at a cost of $-21'7
�-' or $�` 3--� per copy,
to inform the general public and public officers and employees about recent
opinions and considerations by the City Council of the City of Tamarac.
APPROVED BY
CRY Commo C; 01
- 33 - 2/24/82
/Pm