HomeMy WebLinkAbout1981-03-11 - City Commission Regular Meeting Minutes7A
P. D, BDX 2501❑
TAMARAC, FLORIDA 33320
CITY OF TAMARAC, FLORIDA
CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, MARCH 11, 1981
CALL TO ORDER: 9:30 A.M.
FIRST CLASS MAIL
ANNOUNCEMENT OF TIME ALLOCATIONS-- MOTIONS TO TABLE - The Chair at
this time will announce those items which have been given a spe-
cific 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.
TAMARAC UTILITIES - WEST
1. Capital Improvements - Discussion and possible action on a
report by the Consulting City Engineer relating to Tract 27,
Tract 46 and the System Loop at University Drive and McNab Road
2. Bid Award - Vehicles -Bid #81-5 - Temp. Reso. #1851 - Discus-
sion and possible action to award a bid for ten (10) utility
vehicles.
PRESENTATIONS
3. Festival of Purim - Presentation of a Proclamation by Mayor
Falck, declaring March 22, 1981, as Festival of Purim Day in
Tamarac.
4. Florida Innovation Group - Presentation by Mr. Richard
Anderson- Discussion and possible action.
COMMITTEE ANNOUNCEMENTS
5. a) Planning Commission - Appointment of two (2) regular two-
year terms, and two (2) alternate one-year terms expire
April 15th, 1981.
b) Beautification Committee - Appointments of five (5) regular
and two (2) alternate one-year terms expire April 9, 1981.
6. Consent Agenda - Items listed under Item #6, Consent Agenda,
are viewed to be routine and the recommendation will be enacted
by one motion in the form listed below. There will be no
separate discussion of these items. If discussion is desired,
then the item(s) will be removed from the Consent Agenda, and
will be considered separately.
a) Minutes of 2/3/81 - Special Public Hearing - Approval
recommended by City Clerk.
(3/11-Verb.pg
2-11 & pg.16)
Tract 46
Removed
(3/11-pg.20)-
RESO.81-40
(3/11--pg.1)
Removed from
Agenda
(3/11-pgs.12,
13)
(3/11-pgs.16,
17)
if
(3/11-pgs.17,
18) a) &b)Appd
c) ,e) ,g) ,h) ,
i),j),k),m),
o) & P) ApPd.
d),fl&,n)Remd
then Appd.;
1)Remd., then
partially
Aped.
J
b) Minutes of 2/11/81 - Regular Meeting - Approval recommendec
by City Clerk.
c) Alan F. Ruf - Consulting Attorney - $640.00 - 3/6/81 -
Approval recommended by City Attorney.
d) Williams, Hatfield & Stoner - Consulting Engineer -
2/24/81 - $331.75 - Account #350-500-531 - Approval recom-
mended by City Engineer.
e) Williams, Hatfield & Stoner - Consulting Engineer -
2/24/81 - $4,766.50 - Account #429-371-536-623 - Approval
recommended by City Engineer.
f) Williams, Hatfield & Stoner -- Consulting Engineee--
2/24/81 - $529.25 - Account #429-371-536-623 - Approval
recommended by City Engineer.
g) Williams, Hatfield & Stoner - Consulting Engineer -
2/24/81 - $3,225.88 -- Account #k419-301-536-310 - Approval
recommended by City Engineer.
h) Williams, Hatfield & Stoner - Consulting Engineer-3/2/81-
$495.25 - Approval recommended by City Engineer.
i) Williams, Hatfield & Stoner - Consulting Engineer-3/2/81-
$221.38 - Approval recommended by City Engineer.
j) Williams, Hatfield & Stoner - Consulting Engineer -
2/25/81 - $732.25 - Approval recommended by City Engineer.
k) Alexander Grant & Co. - Auditor -- 3/5/81 - $3,500.00 -
Approval recommended by the Finance Department.
1) Milledge and Hermelee - Special Counsel -- 3/6/81 --
$6,580.23 and $18,383.47 - Approval recommended by City
Attorney.
m) Mitchell Ceasar - Grants Consultant - 3/3/81 - $8.53
expense -- Approval recommended by Acting City Manager.
n) Area Agency On Aging - 3/2/81 - $3,000.00 - Approval
recommended by Acting City Manager.
o) Gasoline Tank - Key Control - Bid #81-8 - Recommendation
to reject bids by Acting City Manager.
p) Moveable Walls for Chambers - Bid #81-6 - Recommendation
to reject bids by Acting City Manager.
GENERAL ADMINISTRATIVE/FINANCIAL
7. Alexander Grant & Co. - Discussion and possible action on
proposal for the preparation of the Audit for FY 1980/81.
8. Eastside Fire Station #2 - Report by Alexander Grant & Co. --
Discussion and possible action to transfer surplus funds from
the Capital Construction Fund to the Capital Reserve and
General Funds.
9. Fire Department - Equipment - Discussion and possible action
to authorize the procurement of one mini -attack pumper tank.
10. Tamarac Park -- Discussion and possible action to accept a cash
gift from the Little League for improvements to the park.
11. Tamarac Park - Discussion and possible action on a proposal
from the Athletic Federation to enclose the refreshment
pavillon.
T)ArP.. rVwn-
(3/11-pg.13)
TBLD. to 3/25
(3/11-pg.14)
Transfer Appd.
(3/11--pgs.18,
19)C.Mgr.Authc
(3/11-pg.19)
$600 gift
accepted.
(3/11-pg.1)
TBLD. to 3/25
PAGE THREE.
PUBLIC HEARINGS - 2:00 P.M.
25)ORD.81-6
12.
Landscape Re uirements -- Te�'m . Ord. #856 - Discussion and pos-
-- --w------
a s amended
sible action to amend Code Section 6 pertaining to landscape
requirements in commercially zoned areas. Second Reading.
13.
Police Department Regulations - Temp. Ord. #858 - Discussion and(3/11-pg.25)
ORD.81-7
possible action to prohibit the discharge of firearms in the
City. Second Reading.
COMMUNITY DEVELOPMENT
(3/11 pgs.26`
14.
Granek Properties - Petition #1-Z-81 - Discussion and possible
p p
27)RES0.81-4]
action to grant a limited waiver of the parking requirements for
a proposed office plaza on the west side of State Road 7, north
of Commercial Plaza, by Temp. Reso. #1826.
(3/11-pgs.27,
15.
H.L.R., Inc. - Rezoning Petition #47-Z-80 - Discussion and
28)90 dayExten.
possible action to extend this petition request for property
Appd.
located south of McNab Road at N.W. 70th Avenue.
(3/11-pg.28)
16.
H.L.R., Inc. - Rezoning Petition #48-Z-80 - Discussion and
Appd. forextension
possible action to extend this petition request for property
located south of McNab Road at N.W. 70th Avenue.
(3/11-pg.28)
17.
Northwood II - Canal Reservation -- Temp. Reso. #1857 - Discus-
RES0.81-42
sion and possible action to release a canal reservation in
Northwood IT - Land Section 5.
18.
Spring Lake I - Discussion and possible action to accept a Bill
(3/11-pg.28)
of Sale for water distribution and sewer collection system im-
RESO.81-43
provements by Temp. Reso. #1861.
19.
Visual Graphics Cor oration - Bond Release - Temp. Reso. #1833-(3j11-pgs.22,
Discussion and possible action on the recommendation of the Cit
2
Engineer to release a bond posted for swale and drainage modifi-
RESO.81--44
cations.
(3/11-pg.29)
20.
Fairways - Bldgs. C_ & D - Bond Release - Temp. Reso. #1858 -
Discussion and possible action on the recommendation of the CityChgd.to
Bldg.
Engineer to release this cash performance bond posted for cor-
A & B-TBLD.
rection of drainage problems.
(3/11-pgs.29,
21.
Sabal Palm Townhouse - Discussion and possible action on request30)Appd.
6 me
to extend approval of a site plan for period of 6 months. (to
extension
be located at N.W. 46th Avenue and 59th Street).
22.
Gardens of Sabal Palm - Discussion and possible action on
(3/11-pgs.30,
31)DENIED
request for permit for a model/sales facility.
(3/11-pgs.32,
23.
Cummings Plat - Discussion and possible action to approve a
33)TBLD. to
modified plat, pursuant to action by Broward County.
3/25
24.
Woodmont Country Club - Suns - Discussion and possible action
(3/11-pgs.31,
on a request for waiver of the sign ordinance for a ground sign
32)
ESO.81-45
on University Drive, by Temp. Reso. #1845.
25. Midas Muffler - Signs - Discussion and possible action on a (3/11-pg.32)
request for waiver of the sign ordinance for a sign on the west ESO.81-46
side of the building facing State Road 7, by Tema. Reso. #1859.
26. Drainage Im rovements - Reports, Discussion and possible action.(3/11-pg.34)
LEGAL AFFAIRS
27. Off -Street Parking Regulations - Temp. Ord. #820-A -- Discussion (3/11-pgs.25,
and possible action to provide that parking uses in certain 6)TBLD. for
zoning districts in existence, prior to parking regulations �esearch
PAGE FOUR.
modifications, shall be permitted to continue as Long as the
same use occupies the premises. Second Reading. (tabled from
2/25/81 - Public Hearing Held)
28. Off -Street Parking Regulations - Temp. Ord. #853 - Discussion (3/11-pg.23,
and possible action to amend Code Section 18 by allowing 900 24)
degree parking in S-1 (recreation) zoning districts. Second ORD.81--8, as
Reading (tabled from 2/25/81 - Public Hearing Held) amended.
29. Home Construction Insurance - Tempo. Ord. #859 - Discussion (3/11-pgs.21,_
and possible action to amend Code Section 7 to exempt owner/ 22)Appd. on
builders of his own residence from having to provide construc- 1st Rdg.
tion defect insurance.
30. McNab Plaza - North - Discussion and possible action to approve(3/11-pg.23).
proposal for construction of N.w. 72nd Avenue, as offered by To be ret'd.
the project developer. to C.Atty &
C.Council.
31. Auto Inspection Requirements - Temp. Reso. #1847 - Discussion (3/11-pg.21)
and possible action to recommend inspections be held every two RESO.81-47
years, and eliminate inspections for new cars.
32. Atmospheric Pollutants - Tem . Reso. #1856 - Discussion and (3/11-pg.21)
possible action to request U.S. Congress to take steps to re- RESO.81-48
duce the effects of" acid rain".
33. Cypress Creek Commons - Marina - Temp. Reso. #1860 - Discussion (3/11--pgs.15,
and possible action on the request from the Alliance of 16)
Veterans to add "Tamarac Veterans Memorial Park" to the name RESO.81-49
Cypress Creek Commons.
REPORTS
34. City Council (3/11-pgs.33,34, 35, & 36)
35. City Manager
36. City Attorney
City 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 proceedings is
made, which record includes the testimony and evidence upon which
the appeal is to be based.
CITY OF TAMARAC
MARILYN BERTHOLF, CITY CLERK
PUBLIC HEARINGS/SPECIAL MEETINGS/WORKSHOPS
Tuesday, March 17, 1981 - 10:00 A.M. - Special Meeting -- Election
Results - Installation of City Council Officials
M M M
PAGE FIVE
37. Ratifyina and Reaffirmin& R-79--276 - Extension of Atlantic Boulevard -
Discussion and possible action.
lb. Emergency Repairs - Lift Stations 18 and 22 - Discussion and possible action.
38. Lakeside - Extension of Site Plan - Discussion and possible action.
39. Repairs to Tank fox Slud &e -- Discussion and possible action.
40. Bid Authorization - _Key Control for the Gas Pumps - Discussion and possible
action.
41. Bid Authorization - Moveable Walls - Discussion and possible action.
42. City Attorney Accumulation of Vacation Time -- Discussion and possible action.',
3/11,Pg. 1,
Agend.by Cons
PR.20.Appvd.
I3/11,Pg. 2,
Agen.by Cons.
Pgs.14-15,
Appvd.
3/11,Pg. 27,
Agen.by Cons.
Pg.30,Held
for next mtg.
3/11,Pg.35,
Agen.by Cons.
Auth.to C/Mgr
to repair tanl
up to $3,000.
3/11,Pg.37,
Agen.by Cons.
Auth.to C/Mgr
to go to bid.
3/11,Pg.37,
Agen.by Cons.
Auth.to C/Mgr
to Ro to bid.
3/11,Pg.37,
Agen.by Cons.
C/Atty. to
take days in
excess of 30
and stay
within 30 day
A
CITY OF TAMARAC, FLORIDA
REGULAR CITY COUNCIL MEETING
March 11, 1981
CALL TO ORDER: Mayor Falck called the meeting to order on Wednesday,
March 11, 1981 at 9:30 A.M. in Council Chambers.
ROLL CALL: PRESENT: Mayor Walter W. Falck
Vice -Mayor Helen Massaro
C/M Irving Zemel
C/W Marjorie Kelch
C/M Irving M. Disraelly
ALSO PRESENT: Acting City Manager, Laura Z.
Stuurmans
City Attorney, Arthur M. Birken
Assistant City Clerk, Carol Evans
Clerk/Steno., Pat Eisen
MEDITATION & PLEDGE OF ALLEGIANCE: Mayor Falck called for a Moment of
Silent Meditation followed by the Pledge of Allegiance.
Mayor Falck officially recognized Mayor Geiger from Coral Springs and he
then reviewed the time schedule on this day's Agenda.
PRESENTATIONS
3. Festival of Purim - Presententation of a Proclamation by Mayor Falck
declaring March 22, 1981 as Festival of Purim Day in Tamarac.
SYNOPSIS OF ACTION: Removed from Agenda
and Proclamation mailed.
Mayor Falck indicated that a proclamation was issued and mailed and he
asked that this item be removed from the Agenda.
C/W Kelch MOVED that Item 3 be removed from the Agenda and V/M Massaro
SECONDED the motion.
VOTE: ALL VOTED AYE.
37. Ratifying & Reaffirming R-79--276 - Extension of Atlantic Blvd. -
Discussion and possible action.
SYNOPSIS OF ACTION: Agend_iz_ed b_y Consent.
Approved. (See Page 20) ~
V/M Massaro MOVED to Agendize by Majority Consent the item regarding
Extension of Atlantic Blvd.
C/W Kelch SECONDED the motion.
_.1-- Tamarac Park - D.is-cus-ion and possible action on a proposal from the
Athletic - eO.eration to enclose the refreshment pavilion.
SYNOPSIS OF ACTION: Tabled until meeting
of 3/25/81 by recommendation of City Mgr.
V/M Massaro MOVED that Item 11 be tabled to the meeting of March 25th.
C/M Disraelly SECONDED the motion.
VOTE: ALL VOTED AYE.
-I-
March 11, 1981
/pe
W.
1B. Emergency Ru irs - Lift Stations 18 & 22 - Discussion and possible
action.
SYNOPSIS OF ACTION: Agendized by Consent.
g. authorized to make r..
City En repairs,
work to be done immediately as bowls
are worn and water could come up in
streets. (See Pages 14 and 15)
V/M Massaro MOVED that this item be Agendized by Majority Consent and
C/M Disraelly SECONDED the motion.
VOTE: ALL VOTED AYE.
1A. Capital Improvements - Discussion and possible action on a report
by the Consulting; City Engineer relating to Tract 27, Tract 46
and the System Loop at University Drive and McNab Road.
SYNOPSIS OF ACTION: Verbatim report by Mr.
Nolan incorporated in minutes; item
- _eee-e-r-nzn-g-rPr-"t 4x-,qt-or.a,p e--T-ank--remov.ed
from Agenda. (See Page 16)
VERBATIM REPORT REQUESTED BY V/M MASSARO
STARTING ON PAGE 3
-2- March 11, 1981
/pe
TAPE VERBATIM TRANSCRIPT - Requested by Vice Mayor Massaro
�k CITY COUNCIL MEETING
MARCH 11, 1981
ITEM # 1 - Capital Imrovem nts - Discussion and possible action on a report by
Consulting City Engineer relating to Tract 27, Tract 46 and the System
Loop at University Drive and McNab Road.
Consulting Engineer,
Mr. Irony Nolan: Wod morning. I believe you have all been distributed a copy of a letter
t was dated March 10, 1981. I can begin this discussion with reviewing the projects
that were incorporated in that letter, and then get into the finding of the projects
and the schedule items in that order.
First of all, as I am sure you are all very well aware of, the planning for a Utility
System is a never-ending process and it continually needs to be reviewed and updated,
even when you have created a plant. We've (back over a year ago) attempted to put
together a five-year plan; and that five-year plan,as far a capitol improvements,
appeam in the official statement - so as I say, it is well over a year old. Subsequently
that was made some additional studies within the City, and made some determination as
far as additional capital expenditures are concerned. The list of capital exp&-iditures
in this i--Trovemen.t plan reflects those that have not been completed as far as the
original plan and the subsequent planning of all work.
The first project as listed in the letter is the remote storage tank, I think this was
all discussed off and on to know exactly where the project is. We estimate the project
cost to be $620,000. and that $620,000. does not reflect the cost of the land.
Melanie Reynolds: It is hard to hear.
Tenz Nolan: I'm doing the best I can with the tools at hand. That $620,000. does
not refit the cost of the land, however in consideration of the distribution of
costs we have estimated that 85% of the project cost ought to cane from CIAC water
charges and 15% ought to come from General Reserve Fund. That's $527,000 and $93,000
respectively.
The next Itera that appeared in the old plan was a high -service water main. I believe
that is one of the specific items or, your Agenda. today. That was a carry-over project
from CUT back before TUI became part of the City and for some reason that we could not
quite fathom, TUI drew up a set of plans and obtained a permit to run a parallel 24"
water main from the water plant past University Drive and the project included some
metering and some remote telemetry work from the meter back to the plant. It
almost appeared as though they were going to abandon the existing high -service main.
In conversations with the health department and subsequent meetings with Mr. Keating
and myself and representatives of the health department, we've changed the scope of
that project. Really the redundant water mains isn't all that necessary, particularly
in the light of the fact that the interconnections with the various surrounding
utilities that are already existing and which are proposed as far as the system is
concerned. Therefore we've got back-up capabilities from other sources. However,
there are some problems within the plant as far as operations are concerned. If there
were a shut -dam of the plant we've got some difficulties to isolate the plant itself
from the on -site grounds for (inaudible). We've recommended even though the health
department acknowledges that this is not still the same project, proceeding with some
work with the high. -service pumping capabilites at the plant site; some valving, internal
valving and whatnot to assist the operation of the plant. We've estimated this project
will cost approximately $200,000. These numbers that we are using, for all intents
and purposes are very, very preliminary numbers and I would not be facetious and say
that they are exact.
Councilman Disraellv: These are today's numbers?
r�Ton. Nolan: These are today's numbers, yes, Sir. The $200,000 we feel should be drawn
two sources again. 20% from CIAC water charges because future uses of the system
will obviously be (inaudible) and the General Reserve Fund for (inaudible) 80%.
Now I will get into what - there are three classifications of (inaudible), I'll get into
that in a minute so let's not get tied up in that. The next project that appears, Item
No. 3, is a turnpike force main, that's the 18" force main that will tie the West Com-
mercial Boulevard - East Commercial Boulevard projects together and enable us to pump
up to approximately a million and a half gallons of sewage a day to the County's new
Lift Station #14 at Grant's Plaza. Now this project is subject of an application to
the Environmental Protection Agency for participation, financial participation, and
the funding parameters,EPA provides 75% of the project cost; being realistic we estimate
that probably 35% of the project cost will have to be generated within the City, and we
set that at $87,500. to come out of CIAC sewer charges.
Item No. 4 is your line relocations -
-3-
3/11/81 /lc
Vice Ma or Massaro. May I ask before Tony goes on, if the funding is going to be 757.
why do project the cost to the City will be 35%3 There's got to be a (inaudible)
Ton Nolan: I'm trying to put a contingency in there in the liklihood that some items
may be determined by EPA as not grant eligible.
Vice Mayor: I see. It may not be that.
Lony Nolan : That's just a contingency factor that I've placed on it. When I demonstrate
to you how the funds are generated and haw the
scheduling works you will see why I would like a little contingency in there. But it
all works out, that's a funded part and that's no problem.
Vice Mayor: I see. Allright, thank you.
TonyNolan: The next item is Item #4, it deals with three County Road Bond Issue projects
where tie- City has been required to relocate and change out some piping. Those projects
are an a five --year pay back to the County, but they also involve some substantial changes
to reflect additional growth in the City. That's McNab Road with the changing of the
size of the four drains; a large diameter force main that's put in Commercial Boulevard
and the additional work that was done on Commercial Boulevard on the east side. Our
best estimmte is that about 75% of this work is attributable to sewer CIAC charges
and 257o is existing water which should come out of system revenues.
There is another item on the original statement that spoke to Plant modification.
Those Plant modifications are underway and the funds are coming out of the $50,000
budgeted are coming out of revenues.
The next item is vehicle acquisition and that was another item that was originally
budgeted for $50,000 and that acknowledges the fact that the Utility as we purchased
it was short of vehicles and that vehicle inventory had to be increased in an extra-
ordinary manner in one of the first years of the operation. We believe that that will
be accomplished some time this year.
Item #7 was the rural water supply, it is a project that is underway, as a matter of
fact we are in final design stages of it and ready to go to construction with it. In
any event, that's $170,000 -
Councilman Disraelly: _ Over at the 6000 Complex they had been drilling over
there and I see that there is a cap on that well now.
Tony Nolan: That was a test well.
Councilman. Disraelly: Yes - dial you get --
Ton Nolan: Yes, sir - we got the volume of water that we anticipated and we got the
quality of water that we anticipated. Actually we got more water than we thought we
were going to get and we were pleased with the test results as far as the quality
is concerned.
Councilman Disraelly: So now we, are ready to put in the wells?
Ton Nolan: Yes, sir. We are finishing up the final design documents to secure bids
orthat work right now.
Councilman Disraelly. They will run it right to the Plant?
Tony Nolan: Yes, sir.
Councilman Disraelly: Thank you.
Ton Nolan: As I said, that project should be covered fully out of CIAC water charges.
Subsequent to the operation of the system, if you recall last summer we got involved
with some force main pump station analyses up in the northwest corner of town, based on
the original concept to go on to a second (inaudible) plant site it was determined
that the system was really oriented in the wrong way and in order to correct that
and keep the sewage flowing to the sewerage treatment plant some substantial modifications
would have to be made. In this item I would like to correct a number, it reflects a
cost of $169,000. That number, in fact, should be $689,000.
®rr F_alck: Is that because of inflation, Tony?
- 4- 3/11/81 /1c
Tony Nola.: No, sir. That's a scrivenor's error.
Councilman Di.sraelly :
Where is that number?
�Ton Nolan: Item No. 9, page No. 2, the next to the last line. It is $169,000 and
e wised to be $689,000. 'That's a figure that was presented to you back
when the work was originally contemplated. That project is going to provide the
force -main network for the additional development of the western area, northwestern
area of the City. That funding should be coming out of -- totally, 100�/0 out of
CIAC sewer charges. As we collect those charges, we'll be able to accumulate enough
money to do the work.
Vice Mayor Massaro: Isn't there something in our Utility Agreements whereby those
that were developing and requiring -- is this a new line completely?
Tony Nolan: Yes Ma'am.
Vice Mayor Massaro: There was nothing there before?
Ton Nolan: Well, there is a main there now, but its inadequate in size. Some portions
of it may be parallel, some portions of it may be replaced.
Arthur Birken: That's - we increased the contribution charges another $100. to cover
situations ike this.
Vice Mayor Massaro: I know, but where we had new service I thought they were responsible
to put it in.
Tan�Nolan: We had originally proceeded with the concept that the developers would
e required equired to do some minor off -site modifications to the system in order to tie in
to it. If you recall, back when this came to light it was such a significant problem
with the ultimate development out there, that really no one developer in the area
had the financial resources to undertake the project and be paid back by subsequent
developers. So you increase the CIAC sewer charges to those people in those lands
up in that area to generate funds to do the work.
Vice Mayor Massaro: Is that hundred dollars going to generate this kind of money?
Ton Nolan: I'll demonstrate it in a few minutes, but yes, it -does. I've got a
scheduleand a funding program that actually shows when the work can be accomplished
and what funds are available.
Vice Mayor Massaro: Okay, I sure would like to have a copy of that.
Tony Nolan: Yes, Ma'am. I've got copies for you.
Vice Mayor Massaro: I think Council would like that.
Tang Nolan: The next item is your Sod Farm - it had been designated a "Sludge Farm"
but it's really Sod Farm (inaudible). There are some modifications that have to
be made to that to put it back in compliance with the original concept and it has
been estimated that perhaps $100,000 may be an appropriate figure to do that work.
Right now, that's the list of projects that are in this attachment to the letter. I
think the letter speaks to the fact that one significant portion of the City of Tamarac
is not addressed in this capital improvement program and that has been deliberately
left out, but still brought to your attention. That's Land Section 7. Land Section 7
is a unique case of its own right. I don't believe we can generate sewer connection
fees in that area in advance of construction. We've had some problems with just
funding the work that has to be done in order to tie that land section in with the
sewerage treatment plant and I submit that you've got intentions of having a workshop
meeting on that and that will be brought up at that time.
Vice Ma or Massaro: Tony - (inaudible) Isn't there something in our Ordinances or
records that indicates that new lines have to be put in by whoever is going in there -
we don't --
Kong Nolan: Yes we have our provisions in the Developers Agreement. It provides for
a developer to front-end (if you will) the cost of construction that may be in excess
of his need and that at some point subsequent when other developers tie in to it, the
City will see to it that they reimburse him their fair share of the additional cost
or the extra cost.
Vice Mayor Massaro: So that the funding wouldn't be ours, it would be whoever
develops. -
-5-
3/11/81 /lc
Tony Nolan: Well, depending upon how the project materializes. Land Section 7 is
a unique case in that there is fragmented ownership out there. The development is
held back at.this point because you don't have sewer and water service out there.
Water service is relatively easy to get because it can be extended south from McNab Road
or north from Commercial. Boulevard. The problem is sewer service and sewer service to
that area with a force main back to the plant may run something in a million and a half
and even the project that's contemplated now for that Section would find it very diffi-
cult to be able to finance that type of an expenditure for a long period of time. The
development of Land Section 7 will be a long period of time, and it wouldn't be until
the total development of Land Section 7 was complete that they would be completely
reimbursed for,the additional expenditures that they made. A minute ago I spoke to
several ways of fund -- several areas that we felt funds ought to come from. Our
Developers Agreement speaks to a contribution in (inaudible) of construction.. A
contribution of (inaudible) of construction being for sewer and water, and that's to
reimburse the City for monies that have been expended or to collect monies that the
City can't expend for projects that aren't appropriate for individual developers to
undertake.
Councilman Disraeli: You're up to almost two and a half million dollars
there.
Tony Nolan: Correct. In any event, there is another source of funds that comes into
the system that is from revenues. And a revenue stream comes down through the
various funds. Some monies are trapped in the R & R fund. The R & R fund was
budgeted to collect the money prior to going to the other funds for some of these
capital improvements. After those funds are trapped, there's still a residual that
floats down into what's called the General Reserve Fund. Now what I've dome for
simplicity in this case is combine the monies that are available for construction in
the R & R Fund and the money that's available for construction in the General Reserve
Fund and called it "General Reserve". Now I don't want you to confuse this, we talked
originally about maintaining a reserve amount in the R & R Fund of one-half million
dollars. None of the funds that we're going to talk about reflect that half -million
dollars. That half -million dollars is there, and it is still for emergency needs.
Now, we've scheduled the work and predicted the funding with the assistance of Steve
Wood. Now what we're trying to accomplish here is: One, the projects to be built in
a timely fashion and; two, obviously not to have to borrow funds to do it.
I don't know how clear this is going to be for everybody, I've got copies for you; I've
got copies for you and you can review them at your leisure, but I'd like to just go
through the elements of it first.
We've taken time and extended it out five years. We.have established a quarterly
summary of construction, expenditures and revenues generated for the system. Revenues
that are generated for the system are generated in three ways: CIAC Sewer, CIAC water,
and that General Reserve Pot that I was talking about. The ten projects that are
listed in the letter are listed here, down the side of the page. The total construction
outlay for each quarter, attributable to each one of these funds, is summarized at the
bottom. Below that we talk about the funds available at the beginning of the quarter,
the funds generated during the quarter, that's through connection charges and through
revenues. Then we speak to the funds available at the end of the quarter. If you
subtract the construction cost from the funds available at the end of the quarter
You get the next one _ that's the number you carry forward to the beginning of the
next quarter. It's a saw -tooth all the way through. For simplicity and for realism's
sake, we have only carried this for three years. Now we talk about a five-year capital
improvement plan and it has to be addressed every year. We've only tried to total
the dollars for three years. The funds obviously are going to continue to generate
and projects on an annual basis are going to continue to develop, which I'm saying now
is that you've got excess funds that you're going to notice in here, but you 're
going to continue to add on an annual basis, additional projects that cane to mind, that
become apparent as the operation of the system becomes more (inaudible).
Down here at the bottom I've summarized the three funds - that's total dollars left
over. Right? Now, when you come back and look at your individual sheets, you'll see
that we've started this calendar year, that's January 1, 1981, with about $923,000
in those funds. Now we're going to spend money over the three-year period to the
tune of $3,000,000 - well, that's carried out five years -- the known County projects
have extended for the full five years and there's a lot of things we've projected that
have to be done as far a pump station modifications in the north section. At the end
of the five years with these identifiable projects we are talking about $3,055,000,
in round numbers, of construction .mon.ey.
-6- 3/11/81 /lc
At no time during the course of this first three-year period do we have a reserve in
the cronies available for construction, of less than $500,078. Now that's in addition
to the $500,000. in the R & R Account. I'm saying to you, that the monies are there
for the construction if all of our projections are correct; without any difficulty and
what we've tried to do is float the schedule a little bit so that we've got a cash
reserve and we're not put in a cash short basis. All the projects can be built that
we have here and that we know about and can be built in a timely fashion, meeting the
requirements of the Health Department and meeting the requirements of the Environmental
Quality Control Board; and still be funded without having to borrow money to do it. I
think that's the key to the whole thing. The system is self-sustaining.
Now, the generation of revenues are based an projections that were made by Steve and
then we kind of tempered them a little bit thinking that things may not really shake
out that way. So I think you've gqt a realistic, conservative program laid out here.
Councilman Disraelly: You're Based on anticipated building permits.
Tony Nolan: The projections that have been made from the very onset of the acquisition
program were five -hundred units a year. We've exceeded that this year, but we've
ignored it.
Councilman Disraelly:��
next five years. As a mininm.
Vice Mayor Massaro: It seems unsafe.
basing it on five -hundred each -year for the
�Ton Nolan: It's safe, the CIAC sewer charges have been. derived using a combination of
-hundred units, both in the Lennar-area and in other areas. Not all of them
being in the area where the futures have to be paid back to the developer. All right?
And that's the way it's worked out so far this year.
Councilman Disraelly: _ Coming in on 88th Avenue and so on?
Tony Nolan: Yes, Sir.
Vice -Mayor Massaro: Does this reflect the fraction of the futures that are being
paid to the Reg anx al (inaudible) ?
Tan Nolan: Yes it does. it does, but not - again, bear in mind the CIAC sewer charges
that represented accumulating on a quarterly basis and we're talking about
accumulatin CIAC sewer charges in '82 and '83 of $85,000 a quarter, and CIAC water
charges of �40,000 a quarter. Those charges or that accumulation of money is based
on 500 units a year, but not 500 total units in Lennar's area. It is a mix, so we
have reduced -
Vice Mayor Massaro: What final percentage are you using for that mix?
L(Ey Nolan: You'd'have to ask Steve.
Councilman Disraelly:� Is Lennar under the Leadership Agreement?
Tony Nolan: Yes, that's the current project under Leadership.
Vice Mayor Massaro: Lennar is not here, what he is saying is that it's a percentage.
Tany Nolan: We're trying to identify specific areas of development.
Councilman Disraeli_ My question is: they are in the (inaudible) numbers?
Tang Nolan: Yes, Sir.
Ma. or Falck: Land Section Seven is not included in this?
Tony Nolan: No, Sir. Land Section 7, 1 believe you are going to have a Workshop
Meeting on to discuss all of the ramifications to that particular area and I think
there are some unique problems out there that need to be addressed on different basis
than this.
Mayor Falck: Just as long as we know where we are. Okay.
Tony Nolan: As I promised, I have a copy for everybody.
-7- 3/11/81 /lc
Vice Mayor Massaro: Do you know what the percentage is that was used here for the
monies to be returned, what percentage are we using for full funding, and what
percentage for the lower amount?
Steve Wood: It's not a strict percentage - what was done is basically, historically,
the wa�ey've (inaudible) this year and over the (inaudible) basically, as 500
units have been taken down it was equivalent to approximately 400 units of the
City's developer, so for every 500 that are taken down it's almost like 400 at the
full amount,
Vice Ma or Massaro: I don't think that percentage is right. Not with the future.
No, Sir. I am basing that on the fact that the largest amount of land to be developed
as far as number of ERC's is concerned is in that Land Sections 4,5, and 6. We've had
more here, but this is going down more than (inaudible) it's depreciating the amount
of land that left to build on here, I think that has to be looked atagain. I think
that you probably should look at that with Evan Cross to determine how much land is
left here and haw much land is there and they are getting ready to build right
now, and here we have almost nothing on the drawing board.
Steve Wood, Finance Director:
All t e revenues EEat are projected for the utility for the next ten years on the
outside are based on a Lcnnar projection of 500 units a year.
Vice Mayor Massaro: I know that.
Steve Wood: Historically, we've been doing better than five hundred units a year, so
you also have to take that into account.
Vice Mayor Massaro: But, if you were to take and reverse those figures and said
400 there and 100 here you'd be nearer right.
Steve Wood: The numbers appear to be very (inaudible)
Vice Mayor Massaro: That's fine, except we need to know the numbers and if you are
going to use a number other than 500, okay, then we should know what that number is.
But I, personally, don't like the numbers that I've heard here - 400 full and 100
reduced amount.
Councilman Disraeli :
Steve Wood: 8,600.
Councilman
Steve, how many numbers are in that agreement?
Lennar will be using 5,000.
Vice Mayor Massaro: 5,149, I think it is.
Councilman Disraeli : They'll be using 5,000 of them.
Vice Mayor Massaro: Quite a few are used already.
Ton Nolan: I'd like to point something out to ease your minds. First of all I believe
that we were to revert to all of them being in that area--100%, the funds are still
there to do this work. The $500,000 in addition to the $500,000 may not be there, but
something in excess of zero will be there. That's the first thing. The second thing.
some of these projects are growth determinate and we've made a projection, one of the
largest projects in there - the one with the in the left, $629,000., that project
is predicted for a specific period of time, based on growth, so if growth goes away
or growth isn't in that area, that project moves back in time. So that is something
else that has to be taken into consideration. That's why this thing has to be con-
tinually addressed.
Vice Mayor Massaro: Well, that's all well and good, Tony, and I think that's fine.
t s nice to know that is going to occur, but I think we'd be in a more comfortable
position if we had those numbers so that we're comfortable the way they're - because
almost all of our development is going to be between F&R and Rissman, that will be
most of our development here.
Councilman. Disraeli : Ri.ssman is under that agreement, too, isn't it? So
e only thing open then is -MR over here, which is a couple of hundred, and ---
Vice Ma or Massaro: That's what Evan Cross should be analyzing for us before figures
like this are established.
-8- 3/11/81 /lc
Councilman Disraelly: And what's coming in on Lagos de Canpo and ---
Vice Mayor Massaro: Well, anyway, that's what I think we should instruct Evan to do,
to arrive at these figures so that we are comfortable with the figures. I don't like
surprises.
122,y Nolan: I think that if that's quite correct - I think that if you are going to
goback and allow Evan the opportunity to review the pattern of development, I think
he ought not to be encumbered with the 500 units a year, but not to limit what he
projects for the next three years anyhow.. What he projects is the actual construction
level.
Mayor Falck: The actual number is�what you are saying?
Tang Nolan: Yes, Sir. I'd like to have that number, myself. I may do something
toittoreduce it, but I'd like to see what list the Planning Department projects
over the next couple of years.
Vice Ma. or Massaro: I thank so, too, I think we'd all be more comfortable, including
yourself, Tony.
Councilman Disraelly: We get 458 instead of a thousand so we're missing
300 Follars on each unit.
�Ton Nolan: I don't believe there's any action that has to be taken today. I think
I would like you to do is to review what's there, digest it, we'll get
the revised revenue generation back to you and we'll sit down and talk about it.
Only two projects need to be considered, both of them are on the Health Department's
"wish list". One is the High Service and the other is the Remote Storage. Now we've
projected that the High Service ought to be completed by the end of 1981. Now why
I say '81, I'm thinking back from an operational standpoint your peak load ought to
begin when your big population is here and your big population is here right at the
end of the year. So if we can have those modifications of the Plant taken care of
that will give us a little breathing room until such time as we've got the remote
storage tank taken care of. We can also integrate the telemetry work that needs to
be done at the Plant with what has to be done at the new remote storage tank and
the old remote storage tank. But we need not look at that right this minute.
Councilman. Disraeli : So you've got to complete that remote storage tank
fairly- -r-a-pIdly to give us a the --
Tan Nolan: The Health Department has told us when they want it done, and I think it
is shown the end of the second quarter of fiscal year 1982.
Councilman Disra 11 : Can we finish then, but you plan to start it in the
t r quarter o this year. So we've got to move on that fairly rapidly for the
engineering to get it started.
Tang Nolan: Not really, but there are some planning considerations that have to be
given to the site and to what you want to do with the remainder of the site as far
as the park is concerned. And I would encourage you to put whatever has to be put
into motion along those lines, in motion. Another thing that's tied with your remote
storage is your high service telemetry considerations at the Plant. I didn't elaborate
on that. I'd like to for just one moment. Right now the Plant has a ground storage
tank.. That's what stores treated water above ground. It also has what's called a
clear well and that's where the water is collected by gravity from the filters. Most
of the high service pumping capability for your system comes out of the clear well.
The operators have some difficulties. with that, they would prefer to transfer water
from the clear well to the storage tank - and pump out of the storage tank. My problem
there is that we've only got one pump on the storage tank, that's a three -thousand
gallon a minute pump and they can only use that during peak, peak times. So it needs
some help and some smaller pumps adjacent to it, and somebody has to sit down and
just rethink the whole high. -service pumping now, and how it's going to operate the
remote storage tank, how it':s going to operate with the Plant and how it's going to
operate with the remote storage tank by Grant's Plaza, and some way of remotely
sensing what's happening in the distribution system so that when'"pressures are bad
we don't have to wait for somebody to pick up a telephone and call us.
Mayor Falck: I just want to say something about our discussion as it relates to Evan.
Vice Mayor Massaro: I just want to have you clarify that statement about that we should
immediately start something in motion about the park area. Are you talking about the
park that we're talking about - the beautification around this ground storage tank or
are you talking about the entire tract? I don't think we're prepared to do that, to
talk about the whole park.
-9- 3/11/81 /lc
Tany�Nolan: I think you need to do the preliminary plan for the entire tract so
that that when you place this tank you have placed it in the most
appropriate location.
Councilman Disraelly: _ To save as much space as we can.
ImNolan: To save as mach as the park for utilization of the park as conceived.
We're going to put a great big piece of concrete out there and you can't move it
after you get it there.
Councilman. Disraell : I thought we had more or less agreed to that corner
and leave the rest of it open.
Vice Mayor Massaro: That's what I thought.
Councilman Disraelly: I thought, in my mind, that we were relatively --
Tony Reserve that for the remote storage tank and worry about the beautifica-
tion aril everything else at a subsequent time and you would be better off.
Vice Ma. or Massaro: What Tony is saying is to just make sure that's where you want
it and that you have saved the rest for whatever you might want to do in the best
manner.
Council l That's why I said I thought we had agreed that that
corner there wou T ave_'us the Trost space for other uses.
Tony�Nola�n: I'm not saying you haven't agreed, I'm just saying if you have agreed
you haven't agreed when I was around.
TAPE Councilman. Disraell : We didn't vote an it - right.
# 2
Vice Mayor Massaro: In our discussions it was more or less, no one said no, that
wasnT t the place - I think that's what we're trying to say.
Mayor Falck: I think that's basically true, there wasn't any disagreement about it,
anyway.
Councilman Disraell : There was no formal vote on it.
Vice Mayor Massaro: What Tony is saying now is that you had better make a formal
vote on it because you're not going to be able to pick it up --- all right, not
today, but ----
Mayor Falck: I think that's a fair approach to it.
Vice Mayor Massaro: It answered my question.
Mayor Falck: Since we had discussion about the projections as far as the actual
units are concerned through Evan and his operation, and to review and discuss it
with him at your convenience and see that Council gets brought up to date on it
as to tiiw-table, whatever he's operating in and when we will be able to get the
run -dawn on his projections. Okay?
Vice Mayor Massaro: Yes.
Tony Nolan: Would you like to, at this time, set a time certain to come back with
that graphic revisedto reflect what ---
Mayor Falck: I think it ought to be within thirty days --
Tony Nolan: Or would you like it just distributed, really, by me.
Mayor Falck: I kind of think it ought to be back --
Vice Na. or Massaro: What are we going to get?
Tony Nolan: That sheet you have in front of you - revised to ---
Mayor I asked him to give us a time -frame in which he is going to be operating,.
because --
-10- 3/11/81 /lc
Vice Mayor Massaro: When is Evan requested to have it back?
Mayor Falck: Well, I asked him to give us a time -frame in which he is going to
be operating, g, because ---
Vice Mayor Massaro: Why don't we give him a time -frame that you would like it back,
Mayor.^ -
Mayor Falck: I don't know how much work is involved in it.
Vice Mayor Massaro: I don't think it's that much --maybe he can get help from Irene
an this.
Ma or Falck: Let's leave it this say. We'll discuss it and then we'll arrive at
something that is practical., and then we'll get in touch with you as to what kind
of a time -frame. Okay? We'll do it that way because I don't want you coming in
and Evan not being, ready, or vice -versa or something like that In the meantime,
I would do the checking that's necessary -- Okay. Anything else, Council? Thank
you Tony.
Vice Mayor Massaro: Larry - did you need Tony for anything? About the Lift Stations?
No? Okay.
Mayor Falck: We're going to get to that, but we have one other question about the
Q.C.B.
City Attorney,Arthur M. Birken: I thought Council might be interested in an update
on the Variance. I know I received the material yesterday and I signed it, but
Council may want to be brought up-to-date.
LmX Nolan: We've worked with your Engineer and your Attorney to prepare a variance
request for Broward County Environmental Quality Control Board. That variance is
necessitated by some laws that were passed by Broward County relating to quality of
sewage treatment in the receiving waters of the County. In my mind it was directed
towards regionalization (inaudible). By July 1, 1981 you have to have a letter
before them telling them either you are going to go out of business as far as sewage
treatment is concerned by July 1, 1983 or you will have to give them a plan of
action of how you are going to go to the regional system. We prepared a Variance
and submitted it to them, they made some comments about it and had subsequent meetings
and made some modifications to the variance request which have met with their staff
approval and they believe we will get favorable response and the City Attorney has
signed it and sent it down to them. Now they've made some modifications in their
variance hearing procedures, they used to use a hearing examiner. They will not
use a hearing examiner in this case or any subsequent cases, I guess they are getting
away from that procedure on variance requests because of this law and as a consequence
we'll be heard by the entire Board. I feel we'll get favorable action on the variance
request.
City Attorney Birken: We're the first ones out -
Lmy Nolan: We are the first ones and I think we're in the best position, we've done
everything humanly possible in the City of Tamarac to comply with the 201 flan and
non-compliance subsequent to our efforts rests totally with the County.
Na or Falck: How about this inter -connect on the East Side that relates to the tie-in
with Fort Lauderdale? My understanding was that everything is moving along copacetic
with the exception that we do not have completed the large -user Agreement. with
Fort Lauderdale.
City Attorney Birken: Right. Fort Lauderdale City Attorneys Office has our latest
comments and proposed revisions which 'they had asked for, to the Large -user Agreement
with the exception of, I believe, Chapter 37 of their regulations which the City
Engineer has to review those technical provisions having to do with the sewer dis-
charge and other matters and he is in the process of reviewing that. As soon as
his review is complete that also will be sent to Fort Lauderdale. I have not
received any comments back from their City Attorney's office concerning what we
have proposed.
Mayor Falck: Any other questions, Council? Thank you Tony, we appreciate it.
Vice Ma or Massaro: Mr. Mayor, I would like to request that this Item be verbatim.
and no judgements made on what was said. I think it's very important we fullyunderstand
everything. I would like this verbatim.
Mayor Falck: I agree. Especially with the complicated projections that have been
developed here along with the necessary follow up that we have to have. I think all
Council will benefit by it.
-11- 3/11/81 /lc
4. Florida Innovation Grou - Presentation by Mr. Richard Anderson -
Discussion and possible action.
SYNOPSIS OF ACTION
advisement; Mr.
C/M Zemel before
: Mayor to take under
Anderson to meet with
next meeting.
Mr. Richard Anderson from the Florida Innovation Group explained that
this is a non-profit organization primarily consisting of cities and
counties within the State of Florida funded by a combination of grants
from the National. Science Foundation, membership fees from participat-
ing cities and counties and to some extent some formal contract relation -
Ships with private sector firms; Mr. Anderson distributed a list of
cities that participate to Council.
They provide a broad range of services to local government,primarily
relating to the identification of new technology, new products and
procedures and a chance for testing of those among and between juris-
dictions; they have access to other innovation groups around the cities,
of which there are about 15, as well as the federal laboratory system,
and some of the other federal and state agencies which deal in local
government problems. The cost to Tamarac to participate is $1500.00 per
year, about $4.11 per day and they feel that the level of service and
the advantages to the City far outweigh that expenditure.
They act basically as a technical arm to assist the management staff as
well as the Council in reviewing specialized problems.
Mayor Falck asked Mr. Ben Geiger, Mayor of Coral Springs to give Council
his observations as they relate to Coral Springs involvement in the program.
Mayor Geiger, Vice -Chairman of the Florida Innovation Group said they are
primarily involved in the field of energy; the steering committee is
comprised mostly of County Managers, City Managers throughout the State
of Florida working together trying to bring private industry together with
local government. This group hopes to act as the catalyst to make this
happen --go out and find the cities that are interested in trying particular
products and also looking for the products from the private sector. Coral
Springs has been very active and he encourages joining this Group.
C/M Disraelly asked if Coral Springs has used any of the products that they
are projecting?
Mr. Geiger replied that they were involved for a period of two to three
years in the General Motors study --a whole study was put together of the
needs regarding energy for Coral Springs and also projected where the
forces of energy come from, finding that they are on a basis of petroleum.
Because of the General Motors study, Coral Springs is probably about two
years ahead of anybody else in accessing their energy needs.
Mr. Anderson stated that they are looking into some solar system reverse
cycle heat pump tank applications, in particular, to try and heat one of
the pools which will be less expensive than using fuel oil ---they are also
looking into some alternate fuel for emergency vehicles plus duty cycling
of air-conditioning and heating equipment, but these will not be ready for
Official action until sometime this summer.
C/M Zemel asked if the vehicle mileage improvement tests are under -going
research at the present time?
Mr. Anderson reported that this is a pressurized alcohol injection system
that is being experimented with in a number of cities, including Oakland
Park, Indian River County, Coral Springs, etc. --this is an air compressor
pump that drives a vaporizer unit that injects alchohol under pressure
into municipal vehicles, most of this is being done with police vehicles.
They are doing some monitoring of present natural gas as opposed to LPG
and some dual fuel conversions which are being tested now in a number of
-12- March 11, 1981
/pe
jurisdictions,locally, Ft. Lauderdale and Pompano.
C/M Zemel asked if these tests are going on right now and if his
group was compiling this information; he also asked about the fleet
management information and cost control program?
Mr. Anderson indicated that they are basically acting as a transfer
agent by assisting the County in adapting the Southern California
model they had studied in Annaheim, California.
C/M Zemel stated that he found the mini -micro computer interesting
and asked if this information would be available to the City if we
were to join the group? P
Mr. Anderson informed C/M Zemel that they periodically distribute an
executive summary about what they are finding out about certain products
or applications and many of them really don't work. They feel it makes
sense to have a few cities test a particular program for an application
of a product.
C/M Disraelly asked how close they were to the utility reading and bill-
ing system?
Mr. Anderson replied that they have showed it to several different cities,
as well as Florida Power & Light and Dade County and FPL both expressed
interest in utilizing that piece of equipment; it consists of a small
6-pound portable micro -computer which allows a meter reader to actually
generate a bill on -site as he reads the meter,and by leaving a bill at
the property, the cost of the equipment can be off -set in less than a
year through postage savings alone and it reduces the amount of key punch
time and internal computer processing. This computer keeps track of
many things; the operator can modify the data and can also indicate the
precise time when the meter was read as far as billing and scheduling
of manpower.
C/M Disraelly asked if anyone is using it yet? Mr. Anderson stated that
no one is actually using it; Tampa and Florida Power on the western side
of the state have tested it, but it has not been sold in any quantity
yet --the equipment is very expensive initially, about $10,000.00 apiece.
The company that manufactures them will participate up to about
$100,000.00 in the initial test. In addition, they have made an agree-
ment with member cities to buy them at about a 30% to 40% discount. The
initial order will probably be with one of the large electric companies.
Mayor Falck suggestedthis matter be takEnunder advisement and be prepared
to take a definite action on it at the next Council meeting.
C/M Zemel asked Mr. Anderson to try and arrange a time when they can
meet before the next meeting.
7. Alexander Grant a Co. - Disc�:ssioi� anu possible action on proposal
for the nx'pparatic�r, of t?"e r..� c�.it for T1r 1980f81.
SYNOPSIS OF ACTION: Tabled until
meeting of 3/25/81.
C/ M Disraelly suggested that if Mr. Kravitz had some questions, particularly
because of his being a C.P.A., that this be tabled until the next meeting.
C/M Disraelly MOVED that this be tabled until the next meeting of March
25, 1981 and V/M Massaro SECONDED the motion.
Mayor Falck asked Mx. Burton Emmer if a member of his staff could review
this with Mr. Kravitz before the next meeting.
VOTE: ALL VOTED AYE.
-13.- March 11, 1981
/pe
8. Eastside Fire Station #2
Discussion
the Capital
Funds.
and possible
Construction
- Report by Alexander Grant & Co. -
action to transfer surplus funds from
Fund to the Capital Reserve and General
SYNOPSIS OF ACTION: Auditor's recommendations
attached and incorporated in motion,monies
to be transferred to the Capital Reserve and
General Fund and Capital Construction Fund
closed. (Attachment #1)
Mr. Burton Emmer of Alexander Grant & Company indicated that Mr.
Birken had asked them to prepare a written analysis of the trans-
action the City was contemplating because there might be some
conflict with the Federal Arbitrage Law. This written analyis has
been incorporated within these minutes.
V/M Massaro MOVED that the auditor's recommendations be put into
the motion and the monies be transferred to the Capital Reserve
and General Fund and close the Capital Construction Fund.
C/W Keleh SECONDED the motion.
VOTE: ALL VOTED AYE.
1B. Emergency Repairs - Lift Stations 18 & 22 - Discussion and possible
action.
SYNOPSIS OF ACTION: Agendized by Consent.
Approved. (See Page 2)
C/M Disraelly discussed paragraph 2 in the letter dated March 9th,
Line 4, in which an amount is mentioned of $58.40 which should be
$5,840.40.
Mr. Larry Keating reported that Lift Station 18 is currently being
upgraded by the developer of Concord Village; two or three weeks ago
there was a break -down in one of the pumps in that station and it
had to be dismantled to perform the necessary repairs. While the
pump was dismantled, they saw that the mechanical parts were severely
worn to the point where the wall of the castings is very, very thin
and could go at any minute and this is why they are requesting that
these castings be replaced. Concord Village is replacing the electrical
motor and the impeller that drives the pump operation.
Mr. Keating further reported that Lift Station 22 has been identified
as needing to be upgraded by the consulting engineers and is located
in Sunflower; they also had to dismantle it for repairs and at that
time noticed that the same wearing characteristics as existed in Lift
Station 18 were present in Lift Station 22; they propose to replace
the complete pumping facilities as designed by the consultant.
V/M Massaro indicated that in Lift Station 22, the City had the
additional monies, $100.00 per ERC to pay for the repair, so the City
will be paying completely for this repair. In Lift Station 18, the
City did not have $100.00 per ERC; the repairs were to be paid by
Concord Village --the repairs that they were responsible for were very
specific and the problem that Mr. Keating now needs to correct was
beyond what had been required to do at the time of site plan approval;
therefore, the City is absorbing that cost, the rest of the cost is
theirs. 8
C/M Disraelly confirmed that a 30HP motor would be used and further
asked Mr. Keating about the additional electrical work beyond the
$5800.00?
Mr. Keating indicating that our own staff will be doing the additional
electrical work.
-14- March 1.1, 1981
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C/M Disraelly questioned Mx. Keating as to the monetary expense involved,
and Mr. Keating indicated it would be in the neighborhood of $100.00 to
$150.00, and said it would come out of operating expenses; Lift Station
22 will come out of CIAC and on Lift Station 1.8 they are anticipating
the money to come out of operating funds; he will contact Mr. Nolan
to see if it is appropriate to charge to CIAO or R & R and if so, they
will make the change. C/M Disraelly asked Mr. Keating to let Council
know where the funds will come from.
Acting City Manager, Laura Stuurmans discussed a memo sent to Mayor
Falck that indicated Superior Engineering and Sales was the lowest and
other vendors were Sisko and National Electric Coil.
a
C/M Disraelly MOVED that the City Engineer be authorized by the City
Manager to make repairs on Lift Station 18 in the amount involving
$2,122.64 plus shipping costs which was projected to us by Superior
Engineering & Sales, and Lift Station replacement of two.pumps at a
cost of $5,840.40 plus whatever minor electrical changes have to be
made via the utility work force; work to be done immediately because
the City Engineer has indicated that the bowls in each one are very
worn and could break at any given moment which could prevent the City
from transporting waste water to the plant and which could come up on
roads.
V/M Massaro SECONDED the motion.
VOTE: ALL VOTED AYE.
33. Cypress Creek Commons - Marina - Temp. Reso. #1860 - Discussion
and possible action on the request from the Alliance of Veterans
to add "Tamarac Veterans Memorial Park" to the name Cypress Creek
Commons.
SYNOPSIS OF ACTION: Approved. RESOLUTION NO.RP 4PASSED
City Mgr, to have monument at
City Hall re -located to Park.
Mr. Arthur Birken read Temp. Resolution #1860 by title.
C/M Zemel indicated that he had been contacted by various veterans'
organizations to consider a location within our City to be designated
as a Veterans' commemorative area for the purpose of celebrating those
national holidays honoring veterans and other national heroes and he
heartily endorses this request.
C/M Zemel MOVED that Temporary Resolution #1860 resolving that the
park known as Cypress Creek Commons be now and hereafter known as
Cypress Creek Commons -Tamarac Veterans Memorial Park and that such
Resolution be approved by Council.
C/M Zemel requested that the City Manager be advised by Council that the
Veterans Memorial Monument now located in front of our City Hall complex
be re -located to Tamarac Veterans Memorial Park.
C/M Disraelly SECONDED the motion.
Tape VOTE: ALL VOTED AYE.
#3)
Mr. Jesse Glasser, representing 'the Alliance of Veterans, Jewish War
Veterans, Disabled American Veterans and Amvets thanked the members of
Council and feels this will, be a wonderful token for the residents of
Tamarac; he indicated that the Alliance of Veterans is a conglomaration
of all national veteran organizations and once again thanked Council.
Mr. Ray Baade, Past Commander of Tamarac Post #265 of the American Legion
indicated that he is here at the request of Post Commander George Boden
to support wholeheartedly the motion just made, and this will lead to
-15- March 11, 1981
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affairs held at the park instead of at City Hall. They are very
pleased to be membersof the Veterans Alliance of Tamarac, Post #265
being one of the largest in the city and hopes to propose that on
Memorial Day and also on Armistice Day that all the Veterans Organiza-
tions join together in conducting memorial services, rather than having
them led by the American Legion and World War 1 veterans as has been
the practice for the last 10 or 12 years.
Mr. Willard Zweig, Commander of the Edward Goldberg Post #519 thanked
Council for his group and the Alliance of Veterans group and feels they
are making a very good beginning.
Mr. Harry Weisenberg from Amvets Post No. 2 in Tamarac, thanked Council
for the action taken today.
Mayor Falck commended all of the groups for taking the action of unifica-
tion; in unification is demonstrated strength --that working together
becomes more meaningful as the City tries to expand its activities and
participation, not only in individual groups, but also in a combined
group and indicated the City's thanks and appreciation, further indicat-
ing that the City will issue a Proclamation at the next meeting, March
25, 1981 and there will be notification as to when that will be read
and presented...
Mr. Ray Baade asked if he should contact a sign shop for the prospect
of developing the re -wording of the sign or an addition to the present
sign on behalf of the Alliance of Veterans?
Mayor Falck stated that Council would be very happy to consider anything
that would be presented for their consideration.
1A. Capital Improvements Discussion and possible action on a report
by the Consulting City Engineer relating to Tract 27, Tract 46
and the System Loop at University Drive and McNab Road.
SYNOPSIS OF ACTION: (See Page 2)
C/W Kelch asked if there would be a discussion on Tract 46 Storage Tank
which was on the Agenda?
Mr. Birken indicated that no further action is needed, as Leadership took
it upon themselves to do what they felt they wanted to do; and further
mentioned that this should be taken off the Agenda.
C/W Kelch MOVED that we remove from the Agenda the item concerning Tract
46 Storage Tank and V/M Massaro SECONDED the motion.
VOTE: ALL VOTED AYE.
COMMITTEE ANNOUNCEMENTS
5. a) Planning Commission - Appointment of two (2) regular two-year
terms, and two (2) alternate one-year terms expire April 15th,
1981.
b) Beautification Committee - Appointments of five (5) regular and
two (2) alternate one-year terms expire April 9, 1981.
SYNOPSIS OF ACTION: Planning Commission: Mayor announced two (2)
regular, two-year terms, and two (2)
alternate one-year terms to expire April
15,1981; Beautification Committee - five (5) regular members
and two (2) alternate one-year terms to expire April 9, 1981.
City Manager to request Broward Times to promote both items.
The Mayor indicated that these announcements are being read in the hope
that there will be publicity notifying the general public to the effect
that these positions will be considered and will be filled by appoint-
ments thrnuah tl-h.ca Council no later tkan tkn firc,t meati,ner in .Ar%ril.
-16-- March 11, 1981
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C .1
C/M Disraelly said that he hoped that Ms. Diane Lade will see fit to
put an item about this in the West Section and he requested the City
Manager to advise the proper person at the Broward Times to promote
both items.
Mayor Falck mentioned that Mr. Levinson is no longer connected with
the Broward Times.
6. Consent Agenda
a) Minutes of 2/3/81 - Special Public Hearing - Approval recommended
by City Clerk.
b) Minutes of 2/11/81 - Regular Meeting - Approval recommended by
City Clerk.
c) Alan F. Ruf - Consulting Attorney - $640.00 - 3/6/81 - Approval
recommended by City Attorney.
d) Williams, Hatfield & Stoner - Consulting Engineer -- 2/24/81 - 331.75 -
Account #350-500-531 - Approval recommended by City Engineer.
e) Williams, Hatfield & Stoner -- Consulting Engineer -- 2/24/81 --
$4,766.50 - Account #429-371--536-623 - Approval recommended by
City Engineer.
f) Williams, Hatfield & Stoner - Consulting Engineer - 2/24/81 -
$529.25 - Account #429-371-536-623 - Approval recommended by
City Engineer.
g) Williams, Hatfield & Stoner - Consulting Engineer -- 2/24/81 -
$3,225.88 - Account #419-301-536--310 - Approval recommended by
City Engineer.
h) Williams, Hatfield & Stoner - Consulting Engineer - 3/2/81 -
$495.25 - Approval recommended by City Engineer.
i) Williams, Hatfield & Stoner - Consulting Engineer - 3/2/81 -
$221.38 -- Approval recommended by, City Engineer.
j) Williams, Hatfield & Stoner - Consulting Engineer - 2/25/81 -
$732.25 - Approval recommended by City Engineer.
k) Alexander Grant & Co. - Auditor - 3/5/81 - $3,500.00 - Approval
recommended by the Finan:Department.
1) Milledge and Hermelee - Special Counsel - 3/6/81 - $6,580.23 and
$$18,383.47 - Approval recommended by City Attorney.
m) Mitchell Ceasar - Grants Consultant -- 3/6/81 - $8.53 expense -
Approval recommended by Acting City Manager.
n) Area Agency on Aging - 3/2/81 -- $3,000.00 - Approval recommended
by Acting City Manager.
o) Gasoline Tank - Key Control - Bid #81-8 - Recommendation to reject
bids by Acting City Manager.
p) Moveable Walls for Chambers - Bid #81-6 - Recommendation to reject
bids by Acting City Manager.
SYNOPSIS OF ACTION: a) and b) Approved as corrected; c), e), g), h), i), j),k),
m),n), o)�, and p) Approved as read; d) and f) Removed for discussion and
then approved; 1) Removed for discussion, $6,580.23 was approved for payment
and $18,383.47 was held for a memo from the City Attorney after discussion
with the Finance Department.
C/M Disraelly MOVED that n) be removed from the Consent Agenda for other
consideration; approval of minutes a) and b) as corrected; discussion
on items d) and f) Williams, Hatfield & Stoner; approval of c), e),f), g),
h), k), m), o), p); 1) removed for discussion.
The Mayor indicated that there will be four items for discussion by
Council.
V/M Massaro SECONDED the motion.
VOTE: ALL VOTED AYE.
d) and f) C/M Disraelly indicated that the City has contracts with
WHS on these whereby there are maximum authorized fees
and he feels that there should be a report from the City
Engineer as to how much more there will be on these items,
-17- March 11, 1981
/pe
plus any others where thare are up --set figures so
that Council will know how much more work will be
coming or whether they are using it up to that
final point. One of these is already at $4400.00
with a $5000 maximum and this was a $500.00 bill;
on the other one, the figure is approaching $29,000
out of $39,000.
Mayor Falck asked the Assistant City Clerk to see
that additional information on d) and f) and also
on any others where there are up -set prices, to be
furnished to C/M Disraelly.
C/M Disraelly MOVED the payment of these two bills and V/M Massaro
SECONDED the motion.
VOTE: ALL VOTED AYE.
n) C/W Kelch MOVED that the sum of $3,000.00 as budgeted be paid to
the Area Agency on Aging at this time.
C/M ZEMEL SECONDED the motion.
VOTE: ALL VOTED AYE.
1) V/M Massaro asked if this covers everything that the City owes
them?
Mr. Birken indicated that there were some loose ends and a letter
was written to Mr. Griggs, but other than that, everything is
covered.
V/M Massaro then asked Mr. Birken if the City had this money
budgeted?
There was a discussion by Council and Mr. Birken indicated there
is enough budgeted to pay the $6,580.23; there is a $4000 shortfall
from the amount that was approved by Council.
V/M Massaro suggested that the City pay the one bill and then the
City Attorney can discuss this with the Finance Department with a
memorandum to Council as to where the money is going to come from
and MOVED that we pay the $6,580.23 and request that Mr. Birken
issue a memorandum after discussing this with the Finance Director
so that it will be taken in proper order.
Mr. Morton Student asked Council to explain, "Special Counsel -
Milledge and Hermelee", and V/M Massaro stated that this is a
highly specialized field; the government wants all the airports it
can obtain and they are favoring airports wherever possible, but
Tamarac is trying to protect the people of our City from being
exposed to oil and soot that is ejected from the airplanes and
also the danger to residents of the City from accidents -- we need
consel that is trained in this specialized area.
C/M Disraelly suggested that Mr. Student should have made inquirieq.
about Milledge and Hermelee when it was discussed at previous
meetings.
C/W Kelch SECONDED the motion.
Mayor Falck clarified the motion, stating that the City will pay
the $6,580.23 and that the $18,383.47 will be discussed in a memo
provided to Council by the City Attorney after he has consulted
with the Finance Director.
VOTE: ALL VOTED AYE.
9. Fire Department - Equipment -
authorize the procurement of
w
Discussion and possible action to
one mini -attack pumper tank.
March 11, 1981
/pe
SYNOPSIS OF ACTION: City Mgr, to authorize
procurement of one mini -attack pumper tank;
also authorized to prepare bids with Fire
Chief as to out -put of mini -attack pumper.
Mrs. Laura Stuurmans reported that the City's major front-line fire-
fighting equipment is comprised of three vehicles: 1979 Seagraves
1500 gallon pumper, 1974 American LaFrance 1000 gallon pumper, and
1965 Ford 500 gallon pumper which is currently out of service. The
mini -attack pumper was discussed during the course of preparation
of this year's budget; one of its major abilities is the ability to
move through the streets of the City in sections where the areas are
narrower than in other sections of the City.
C/M Disraelly mentioned that the projected cost of this vehicle is
about$E0,000.00, of which $16,000.00 has already been ear -marked out
of Federal Revenue Sharing,which means that the City needs $44,000.00;
also there is an indication from Alexander Grant that there are sufficient
funds available in the unappropriated surplus, which would reduce it to
the amount that would put it into the requirement of the budget; we would
not have to go out to borrow any funds,
C/M Disraelly MOVED that the City Manager be authorized to prepare bids
in conjunction with the Fire Chief as to the out -put of mini -attack
pumper tank.
Mrs. Stuurmans stated that the bid package will be presented to Council,
for their review.
C/M Zemel SECONDED the motion.
VOTE: ALL VOTED AYE.
10. Tamarac Park - Discussion and possible action to accept a cash
gift from the Little League for improvements to the park.
SYNOPSIS OF ACTION: Check in amount of
$600.00 accepted for purpose of
extending ball field #2.
Mrs. Stuurmans indicated that the City has received a request from the
Tamarac Little League to extend the existing ball field #2 thirty
feet from the first base area going to third base; this would allow the
senior League group boys, ages 1.2 to 15 to play on a regulation field --
because of night play, illumination would be better with a change of
field size. The Little Leagiiehas offered an amount of $600.00 which
will cover our cost to purchase the clay; they did volunter to do some
work with us to lay in the clay on the week -ends, but administratively
the City is not recommending this for two reasons: 1-that it would cost
the City more to do this work on the week -ends, 2- potential of an
injury to one of the volunteers.
C/W Kelch asked if it was feasible for the Public Works Department to
do this work due to other projects they are involved in?
Mrs. Stuurmans reported that she had spoken to the Public Works Director,
and it was indicated that this work could be done before April lst when
play begins.
C/M Zemel. MOVED that the Council authorize the
Little League's check as a donation for $600.00
clay for the purpose of extending ball field #2
League'ssenior age group boys.
C/M Disraelly SECONDED the motion.
VOTE: ALL VOTED AYE.
a.0�
City Manager to accept
to be used to purchase
for use by the Little
March 11, 1981
/pe
L
2. Bid Award - Vehicles - Bid #81-5 - Tem . Reso. #1851 - Discussion
and possible action to award a bid for ten (10) utility vehicles.
SYNOPSIS OF ACTION: Adopted. RESOLUTION NO-R t7 PASSED
Bid items 1,2,3,4,E to Massey Yardley
for a total of $54,031.72 and Bid
items 5 and 7 to Vic Francis Dodge in
amount of $23,353.00; inventory of all
vehicles in utility requested.
Mr. Birken read Temporary Resolution #1851 by title.
C/M Disraelly has reviewed all of the bids with Mr. John Cezard and
there were a number of items that were exceptions to the bid package,
and s aid that items 1, 2, 3, 4, and 6 be purchased from Massey Yardley
in the amount of $54,031.72 and items 5 and 7 be purchased from Vic
Francis Dodge in the amount of $23,353.00; funds have been appropriated
for this and broken down by the Utility and he MOVED the adoption of
Temporary Resolution #1851.
V/M Massaro SECONDED the motion.
V/M Massaro stated that she would like it more clearly understood that
Council wants to know more about the vehicles that are being taken out
of action at the Utility and asked that the Acting City Manager give
Council a report as to why there is a dump of cars in back of the
Utility; there are some vehicles that can possibly still be used.
C/M Disraelly mentioned that there will not be any trade-ins and he
agreed that we should have a status report and an inventory of all
vehicles at the Utility.
Mr. Birken mentioned that this bid brought out the fact that our regu-
lations concerning trade-ins are more complex than they need to be and
he has prepared and distributed to Council a proposed Ordinance modifying
the procedure.
C/M Disraelly asked whether a specific procedure was required to sell
these to the City for use in the Public Works and Mr. Birken indicated
there is a procedure for declaring surplus and a procedure in the bond
resolution for transferring surplus property and said he doesn't see a
problem.
VOTE: ALL VOTED AYE.
37. Ratifying & Reaffirming R-79-27
Discussion and possible action.
SYNOPSIS OF ACTION: Approved.
(See Page 1)
6 - Extension of Atlantic Blvd. -
Temp. .Reso #1865 .
RESOLUTION NO.R - CCU PASSED
Mayor Falck recommended that the Resolution be adopted, as this work
needs to be done on Atlantic Blvd. and he read Temp._.._Reso. 1865 by title.
i(Tape # C/M Disraelly said he hoped this would be acted upon and C/M Disraelly
4) MOVED the adoption of Resolution Temp._ Re.so...#1865.
V/M Massaro SECONDED the motion.
VOTE: ALL VOTED AYE.
OP-1112
Mardi 11, 1981
/pe
32. Atmospheric Pollutants - Tem . Reso #1856 - Discussion and
possible action to request U.S. Congress to take stepsto reduce
the effects of "acid rain".
SYNOPSIS OF ACTION: Adopted.
RESOLUTION NO.R c�I_ 0 PASSED
Mr. a rken read Temporary Resolution #1856 by title.
Mayor Falck discussed President Reagan's visit to Canada relating to
"acid rain" and its effects; he further indicated that the importance
of this is recognized and since our support has been requested in South-
easter Florida to help maintain the high quality of air, he recommended
the adoption of the resolution.
C/M Disraelly MOVED adoption of Temporary Resolution #1856.
V/M Massaro SECONDED the motion.
VOTE: ALL VOTED AYE.
31. Auto Inspection Requirements - Tem . Reso #1847 - Discussion and
possible action to recommend inspections be held every two years,
and eliminate inspections for new cars.
SYNOPSIS OF ACTION:
copy of resolution
League of Cities.
Approved as amended;
to go to Broward �/— `
RESOLUTION NO.R sf PASSED
Mr. Birken read Temporary Resolution #1847 by title.
C/M Disraelly mentioned that a resident of the Gardens of Sabal Palm
suggested a resolution that rather than waiting in line every year, the
vehicles could be handled on a bi-annual basis, even plates in even years
and odd plates in odd years; there is no logical reason for a brand new
vehicle coming out of the showroom to go to an inspection station, and
C/M Disraelly MOVED the adoption of Temporary Resolution #1847 with
Section 3 re -worded to read, "Copies of this Resolution to go to the
Broward League of Cities."
V/M Massaro SECONDED the motion.
C/M Zemel indicated that in his opinion, this resolution has merit, but
on the other hand demerit. He discussed that private inspection stations
will be established all over the state and that it took him just a short
time to have his car inspected; he further feels that new cars should
continue to be inspected and does not agree that new car inspection should
be eliminated.
C/M Disraelly said he is presuming that the new car dealer will, make sure
that brakes, lights, horn, windshield wipers, directional signals and
tires will be in good working order.
C/M Zemel said he would go along with this resolution if it was amended to
read that new vehicles would be inspected.'..' V/M Massaro felt new
vehicle inspections were not necessary.
Mr. Morton Student said he thought it was a good idea to work with the
Broward League of Cities and that new car inspection should be eliminated
at inspection stations; inspection on older cars should be done every two
years.
VOTE: C/M Zemel NAY C/M Disraelly AYE
C/W Kelch AYE V/M Massaro AYE
Mayor Falck AYE
29. Home Construction Insurance -- Temp. Ord. #859 - Discussion and
possible action to amend Code Section 7 to —exempt owner/builders
of his own residence from having to provide construction defect
insurance.
-21- March 11, 1981
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SYNOPSIS OF ACTION: Approved on first
reading as submitted.
Mr. Birken read Temp. Ord. #859 by title. He stated that this was
on the last Agenda, was modified at the request of Council and he
recommended in his memorandum of March 3rd that the last sentence
was not to his liking.
C/M Disraelly referred to Mr. Birken's statement regarding the buyer
having to put up money in the amount of $1500.00, and said it has come
to his attention that within the last few months the City has released
$1500.00 that was posted by a builder and in both instances, Mr. Birken
advised that this sum be paid to the person who now owns that home.
Based on this, C/M Disraelly MOVED the adoption of Temp. Ord. #859,
striking the word "if" on line 20 and striking lines 21, 22, and 23.
THE MOTION DIED FOR LACK OF A SECOND.
V/M Massaro MOVED that Temporary Ordinance #859 be approved on first
reading as submitted.
C/M Zemel SECONDED the motion.
VOTE: ALL VOTED AYE.
MEETING WAS RECESSED FOR LUNCH AT 12:00 NOON.
MEETING WAS CALLED TO ORDER,AT 1:30 PM. ROLL CALL TAKEN:
PRESENT: Mayor Walter W. Falck
Vice -Mayor Helen Massaro
C/M Irving M. Disraelly
C/M Irving Zemel
C/W Marjorie Kelch
COMMUNITY DEVELOPMENT
19. Visual Graphics Corporation - Bond Release - Temp. Reso. #1833 -
and
release a bond posted for Swale and drainage possible action on the recommendation of the City
e modifica-
tions.
SYNOPSIS OF ACTION: Approved. RESOLUTION NO.R 1 � PASSED
Mr. Birken read Temp. Resolution #1833 by title.
V/M Massaro addressed Mr. Deichmann, Vice -President of Visual Graphics
asking if there was any dumping being done by Visual Graphics into the
canal at the west end of their building; if this is happening, and if
its Visual, it should be cleaned out if itis not Visual and someone is
dumping, please see that they cease to do so. She had received a complaint
Mr.Deichmann indicated that he was not aware that any dumping was going
on; he would be very much interested in finding out what the complaint is --
if there are specifics, he will follow this up.
Mr. Bob Engel, Facilities Engineer reported that they just had an inspec-
tion by Broward County Environmental Quality Control, who is in
their plant once a month; they had a clean bill ---Southern Sanitation
takes away all their waste --they do not dump, although there is continuous
dumping going on at the end of Commercial Blvd.
-22- March 11, 1981
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V/M Massaro commented that it is clean fill at the end of Commercial
Blvd. to be used to fill in where it was dug out without proper per-
mission, and Mr. Engel indicated that there is also garbage out there.
Mr. Keating reported that in going through the approval process for
the plat of Visual Graphics, it was b:oughtto light that several
drainage and swale problems existed fronting 94th Avenue; at the time
Visual Graphics agreed to perform these improvements and submitted a
bond for them. This has been inspected and the improvements performed,
and he is recommending release of the bond.
C/M Zemel MOVED that Temporary Resolution #1.833 authorizing reduction
of $5000.00 cash performanceabond to a one year warranty bond -Visual
Graphics Corporation -in the amount of $1,250.00. be approved..
V/M Massaro SECONDED the motion.
There was discussion by Council as to whether the landscaping has been
done and C/M Disraelly and C/M Zemel indicated that it met with their
s.ati. f act ion .
LEGAL AFFAIRS
30. McNab Plaza North - Discussion and possible action to approve proposal
for construction of N.W. 72nd Street, as offered by the project developer.
YNOPSIS OF ACTION: Construction of
72nd Street be handled between Noranda
and Bay Colony, completed proposal brought
to City Attny. and then to Council.
Mr. Birken indicated that he had received a letter from Mr. Zeiher, who
is the attorney for the developer, asking for confirmation from Council
that if Noranda would fail to construct the road to conclude by June
30th of this year, that they be given permission by the City Council to
finish the road before the City would complete the road under the terms
of the bond. If this permission is granted, Mr. Birken suggested that
it be subject to a written communication from Noranda concurring.
Mr. Birken felt this would facilitate matters and would certainly get
the road completed.
C/M Disraelly asked if there could be a suit against the City from
Noranda for allowing someone else to finish the road?
V/M Massaro stated that the owner would have to agree on the value of
the work to be done; it could become very complicated.
C/M Disraelly MOVED that discussion and possible action on the construc-
tion of 72nd Street bO handled between Noranda and Bay Colony and they
come to the City Attorney with completed proposal as to how they intend
to handle it and then to be presented to Council.
V/M Massaro SECONDED the motion.
VOTE: ALL VOTED AYE.
28. Off -Street
actonto�ndaCode Section �g�b_#$53 - Discussion and
Parking
P y allowing 900 degree
parking in S-1 (recreation) zoning districts. Second Reading
(tabled from 2/25/81 - Public Hearing Held).
SYNOPSIS OF ACTION: Approved as amended.
Period after "Page 2" on Line 11 and
the balance of Section 1 be stricken. ORDINANCE NO.0 - PASSED
Mr. Birken indicated that this ordinance was read by title at the
Public Hearing; there was some discussion concerning Lines 12-17 on Page
1 as to whether or not they should be removed.
-23- March 11., 1981
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C/M Disraelly commented that he was the one that suggested a period be
put at the end of Page 2 and C/M Zemel .indicated that it has been
tabled.
V/M Massaro discussed the word "shall" being in conflict.
Mr. Birken stated that the Ordinance says, "All parking except in
residential and S-1 shall be at an angle", which means commercial and
industrial; there is a separate waiver provision within Chapter 18 of
the City Code, and that is why the language is redundant and unnecessary.
Mr. Birken said that this does not repeal the waiver procedure and it
is not in conflict; everything would have to be modified in Section 18
in that case.
C/W Kelch indicated that the whole reason for adding the words, "and
S -- 1 recreation district" to the existing section, was that we didn't
want to have recreation districts coming in for waivers; she doesn't
understand what this has to do with commercial or any other districts.
V/M Massaro said this should read, "All parking spaces in residential
and S-1. Recreation Districts may be" -------and Council disagreed with
her.
V/M Massaro said she feels that this nullifies the possibility of them
coming in for a waiver in the commercial district. If you were trying
to get 90 degree parking in residential and S-1 recreational districts,
just indicate that and leave the rest alone.
C/M Zemel explained that some have 90 degree parking and angle parking
in the same lot.
C/M Disraelly asked Mr. Birken if this precludes anyone coming in for
a waiver and he answered that "It does not."
C/M Disraelly MOVED the adoption of Temp. Ord. #1853 on second and final
reading;,period after "Page 2" on Line 11 and the balance of Section 1
is struck.
C/W Kelch SECONDED the motion.
VOTE: C/M Zemel _ Aye V/M Massaro -- Nay
C/W Kelch - Aye Mayor Falck - Aye
C/M Disraelly - Aye
PUBLIC HEARINGS
12. Landscape Requirements— Temp. Ord._ #856 - Discussion and possible
action to amend Code Section 6 pertaining to landscape requirements
in commercially zoned areas. Second Reading.
SYNOPSIS OF ACTION:
on second reading
"(36)" on line 16.
Approved as amended
with insertion of
ORDINANCE NO.O —. PASSED
Mr. Birken read Temp. Ord. #856 by title. He indicated that the Planning
Commission considered the Ordinance --he does agree with one change, but
does not agree with two others. They recommend on end of line 15 and
beginning of line 16 the word "36" be changed to "48" which is in
conflict with Section 24-18(c)(3)of the City Code and that section will
have to be amended also if Council wants to proceed with that amendment;
the second change is on Line 18, it says 16' wide maximum and the
Planning Commission recommends the word "minimum" be inserted, which he
doesn't believe is the desire of Council. The third change that the
Planning Commission recommended was on Line 33--C/M Disraelly indicated
that this had been changed.
-24- March 11, 1981
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C/M Disraelly requested an additional correction on Line 16, between
"Six and feet", let us put the numeral as we do with all of our other
ordinances. He also explained Line 33, the requirement of one tree
for every 10 spaces --originally it said one tree 7' high for each
10 required spaces, but where there is an island in a 10-space area,
we are requesting that a tree be put in it. On Page 2, Line 12,
was added Tabebuia Argenta, which is a city tree, and not included
in the code; there was a typographical error in which inches was
used instead of feet.
Mayor Falck stated that this was a Public Hearing and asked if anyone
from the Public wished to speak. The Mayor closed the Public Hearing
as there was no response from the Public.
V/M Massaro MOVED the adoption of Temp. Ordinance #856 on second and
final reading with the insertion of the No. "36" on Line 16.
C/M Zemel SECONDED the motion.
VOTE: ALL VOTED AYE.
13. Police Department Re ulations - Temp. Ord. #858 - Discussion and
possible action to prohibit the discharge of firearms in the
city. Second Reading.
SYNOPSIS OF ACTION: Approved on second r
reading. ORDINANCE NO.0 Z PASSED
Mayor Falck indicated that this will be a Public Hearing and Mr. Birken
read Temp. Ord. #858 by title.
Mr. Morton Student indicated that he had witnessed guns being fired on
empty lots and that he is in favor of passing this ordinance.
ip e #5) Mayor Falck closed the Public Hearing, there being no one else from the Public wishing
to speak.
C/M Zemel MOVED that Temporary Ordinance #858 prohibiting the discharge
of firearms in Tamarac be passed on second reading.
C/W Kelch SECONDED the motion.
VOTE
LEGAL AFFAIRS
►:111mWeIlaarIW.IU go.
27. _Off -Street Parking Regulations - Tem . Ord.#820-A - Discussion
and possible action to provide that parking uses in certain zoning
districts in existence, prior to parking regulations modifications,
shall be permitted to continue as long as the same use occupies the
premises. Second Reading. (tabled from 2/25/81 - Public Hearing
Held).
SYNOPSIS OF ACTION: Tabled until researched
by City Clerk and information sent to
C/M Disraelly.
Mr. Birken indicated that he had sent a memorandum to Council on this
ordinance and he strongly recommendsthat Council enact and pass this
ordinance; there will be tremendous problems administratively as to
determining when to issue Occupational Licenses if this is not passed,
or one similar to it.
There was discussion on the problem at the Rum..Runner where they are
conforming to the parking regulations of 12 years ago instead of to
today's regulations.
-25- March 11, 1981
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V/M Massaro commented that the Rum Runner is coming in with other
businesses; this should be calculated at today's standards, if there
are no parking spaces --where are they going to go?
C/M Disraelly stated that we pass Ordinances and sometimes upgrade
them and feels that Council should not be expressing themselves on one
project. If there was a regulation that was 1-300 five years ago and
the tenrtant fulfilled all the requirements of the City, and today we
say 1-200, it wouldn't be fair to go back and say they must now give
up 1/3 of their parking spaces; it was built under what was the City
code. If the business changes, than they must conform to today's
standards. .$
Mr. Birken felt that if the Ordinance is not passed, there will be a
problem at Sunshine Plaza --they are about 300-400 spaces short under
today's regulations; there would be a delay if a new business were to
open and this ordinance will remedy the situation.
V/M Massaro said the Ordinance is not upgrading our standards; it is de-
grading our standards --some buildings were built years ago and noone
cared about parking standards then --there was a big upheaval at Sun-
shine Plaza recently where new businesses came in and the City waived
requirements for them.
C/M Disraelly MOVED to table this until such time that he can check
out when that Plaza was built and determine what the parking regulations
were at that time and come back with a recommendation.
V/M Massaro SECONDED the motion.
VOTE: ALL VOTED AYE.
COMMUNITY DEVELOPMENT
14. Granek Properties - Petition #1.-Z-81 - Discussion and possible action
to gram a limited waiver of the parking requirements for a proposed
office plaza on the west side of State Road 7, north of Commercial
Plaza, by Temp. Reso. #1826.
(SYNOPSIS OF ACTION
Waiver granted.
RESOLUTION NO . R - / r,�/ PASSE
Mr. Julian Bryan representing Granek Properties indicated the changes
made on the over --lay which Council has in their possession and he
explained that they have eliminated the lot off the entry on State Road
7 and widened the entry to 361, which is the maximum allowed by the code;
they have also moved all of the handicapped parking spaces to the front
of the building --also some minor changes in other areas which resulted
in the loss of about 9 parking spaces and the building would have to be
1800 sq. ft. smaller than it is indicated to be.
V/M Massaro MOVED that the waiver be granted as requested for the Granek
Properties and C/W Kelch SECONDED the motion.
C/M Disraelly discussed the fact that there was no hardship and that our
waiver provision specifically says, "proof of hardship," and ordinances
are being defied --all developers will want 90 degree parking; he has 15
acres back there and all the room to conform with the City Code and feels
this is a flagrant violation that is being proposed.
Mr. Bryan indicated that the balance of the acreage is zoned residential
and they are proposing garden apartments --with regard to the waiver,
they could build a smaller building and go to all angle parking; however
this is the maximum they could build and they are seeking the waiver to
maximize the profit in return for the property according to C/M Disraelly,
but this is not true, and while they could build three stories instead of
two, they are not seeking to do this.
He further indicated that they could go to a three-story building and fill
in the garden type area and could increase the parking by 40 spaces.
-26- March 11, 1981
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C/M Disraelly stated that he would have no problem with that.
C/M Zemel asked Mr. Birken to define hardship under the ordinance
and Mr. Birken replied that it is the Council's decision as to what
the precedent will be --a self-imposed hardship is not a reason for
a waiver.
V/M.'Jdassaro commented that if you give the people a better looking
commercial area, it is much more important than angle parking, and
she feels they did a beautiful job of designing this.
C/M Disraelly stated that gince the hardship is not self-imposed,
he is not in favor of the waiver.
C/W Kelch said she felt that this is by far the best thing that has
come into the City and appreciates the type of building that is being
proposed here; we are not making any tight decision --Council must
decide whether or not this is undesirable.
VOTE: C/W Kelch - Aye V/M Massaro - Aye
C/M Zemel,. -- Nay Mayor Falck - Aye
C/M Disraelly- Nay
38. Lakeside - Extension of Site Plan - Discussion and possible
action.
SYNOPSIS OF ACTION: A endized by Consent
Site Plan expires 3/22/81; held for
next meeting. (See Page 30)
Julian Bryan was advised vesterday that the approved site plan for Lake-
side should have been heard by vesterdav,.and they didn't receive an
expiration notice.
They spoke to Mr. Cross and were advised to bring in a check
for $125.00 and a letter requesting an extension --this has been done
and is in the hands of the proper parties --they are anticipating that
this will come before Council on March 25th, site plan will just be
for the residential area, the plat will encompass the area.
V/M Massaro indicated that possibly this item should be agendized
today, since it expired yesterday.
Mr. Birken asked whether Planning Commission action was required before
coming to Council?
Mr. Bryan suggested that would be the case on a site plan that had re -
final approval,but.not on one between planning and zoning and
Council.,
C/W Kelch MOVED that item concerning possible extension for review
purposes of the proposed Lakeside development be agendized by consent
before Council can take action.
V/M Massaro SECONDED the motion.
VOTE: ALL VOTED AYE. (C/M Zemel absent for this vote)
Mr. Birken indicated no action can be taken at this time.
15. H. L. R.,_ Inc. -- Rezoning Petition #47-Z-80 - Discussion and
possible action to extend this petition request for property
located south of McNab Road at N.W. 70th Avenue.
SYNOPSIS OF ACTION: Approved for
additional 90 day extension.
Mr. Julian Bryan representing H.L.R., Inc. requested that this be
extended; they have a great deal of written material that has been
developed and concur with Mr. Birken's office that certain actions
must be taken before this re -zoning can be acted upon and are request-
ing an extension for 90 days.
V/M Massaro MOVED the approval of the request for the additional
90 day extension on the petition for re -zoning Petition #47-Z-80
for Parcel A, the Mainlands of Tamarac Lakes Unit 15.
C/M Disraelly SECONDED the motion.
VOTE: ALL VOTED AYE. (C/W Kelch absent for this vote)
16. H.L.R., Inc. - Rezoning Petition #48-Z-80 - Discussion and
possible action to extend this petition request for property
located south of McNab Road at N.W. 70th Avenue.
SYNOPSIS OF ACTION: Approved for extension
of 90 days.
V/M Massaro .MOVED to approve the request for the additional 90
day extension on the Petition for Rezoning under Petition #48-Z-80.
C/M Disraelly SECONDED the motion.
VOTE: ALL VOTED AYE.
17. Northwood II - Canal Reservation - Temp. Reso. #1857 - Discussion
and possible action to release a canal reservation in Northwood
II - Land Section 5.
SYNOPSIS OF ACTION: Approved.
RESOLUTION NO. R — u ��` 716ASSED
Mr. Birken read Temp. Reso #1857 by title.
V/M Massaro MOVED release of the Canal Reservation at Northwood II
and C/M Disraelly SECONDED the motion.
VOTE: ALL VOTED AYE.
18. Spring Lake 1 - Discussion and possible action to accept a Bill
of Sale for water distribution and sewer collection system
improvements by Temp. Reso. #1861.
SYNOPSIS OF ACTION: Adopted.
RESOLUTION NO.R -p —A13 PASSEL
Mr. Birken read Temporary Resolution #1861 by title.
V/M Massaro MOVED the adoption of Temporary Resolution #1861 and C/M
Disraelly SECONDED the motion.
VOTE: ALL VOTED AYE,
Mr. Julian Bryan indicated that they would anticipate coming in on
the 25th of March for release of the sub -division bond and the sub-
stitution of a 25% warranty bond.
Mr. Bryan, mentioned that in their packet they were given a revised site
plan on Northwood II; this was discussed two weeks ago for possible
action on the revised site plan to increase the size of the recreation
area in Northwood II and added some additional. parking. It was
determined at that time that the new oVdinance would prevail and they
were still deficient --they rearranged the drafting to add three parking
spaces and stated that he would like Council to consider that today.
V/M Massaro stated that Council had elected not to hear that today,
because not everyone had the material.
-28- March 11, 1981
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20. Fairways - Bld s. A & B - Bond Release - Temp. Reso. #1858 -
Discussion and possible action on the recommendation of the
City Engineer to release this cash performance bond posted
for correction of drainage problems,
SYNOPSIS OF ACTION: Tabled until next
meeting provided they certify cost
and pay appropriate fees; Agenda item
changed to A & B from C & D.
Mr. Birken read Temp. Resolution #1858 by title.
V/M Massaro said this is for the corrected work on A & B and not C & D
Cape # and Council should be careful about doing anything until certified
6) costs are seen.
C/M Disraelly indicated that C & D do not go into the canal and agreed
with V/M Massaro that this item is for work on A & B.
V/M Massaro asked that Mr. Bill Holtel of Tamway/Graystone try and
clear this matter up; Mr. Holtel indicated that all of the repair work
was on Building A & B and there was a $6000.00 bond posted --there is
also a bond for C & D.
Mayor Falck asked how much the bond was for C & D, and Mr. Holtel.
replied that it was for $14,000.00.
V/M Massaro commented that the only thing Council needs are the fees
before the bond is released and also the certified costs; this is part
of the original contract that had not been done properly.
Mr. Holtel reported that at the time site plan was approved, they did
repair work on A & B and it will take very little paper work to come
up with the costs.
V/M Massaro asked Mr. Holtel to certify the cost with the City's
Engineering Department.
C/M Disraelly clarified that Resolution #1858 refers to A & B.
V/M Massaro MOVED that Temporary Resolution #1858 be tabled until the
next regular meeting providing they come in and certify the cost and
pay the appropriate fees and that Agenda Item be changed to A & B from
C & D.
C/M Zemel SECONDED the motion.
VOTE: ALL VOTED AYE
Mr. Charles Pettit, Attorney indicated he had appeared for Mr. Gerald
Wessinger on the $2,500.00 for drainage on A & B and there was a
question as to the parking that V/M Massaro was concerned about relat-
ing to the drainage, and he asked if Council still takes the position
that there is a relation between the parking and the drainage work?
V/M Massaro indicated that the tabling action is in order and the
question Mr. Pettit brought up will be resolved when she discusses
this further with Mr. Keating in relation to C & D. When a site plan
came in on C & D, it did not reflect the fact that certain parking for
A & B was within that site plan; it only came to light, when the
inspectors went out; we are only discussing the $6000.00 bond which
had to do with the drainage work from a punch list.
21. Sabal Palm Townhouse - Discussion and possible action on request
to extend approval of a site plan for period of 6 months. (to
be located at N.W. 46th Avenue and 59th Street).
-29- March 11, 1981
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SYNOPSIS OF ACTION: Approved for extension
of six months subject to dumpsters being
built to today's standards, fire hydrants
to be installed as most recently revised,
show finished slab elevations conforming to
present ordinances; 6,months extension from 3/19/81.
Mr. Walter Rogers said he understood this was corrected for the dates
involved.
Mr. Birken reported that the site plan lapsed --the work did not commence
on time and Mr. Rogers, on behalf of the owner, applied for an extension
of time.
V/M Massaro inquired of Mr. Cross if there has been any change in permit
fees or any kind of fees, and Mr. Cross replied that to his knowledge,
there have not been'any changes; this project was approved in December,
1979 and it came back in March, 1980 for a revised site plan --this
doesn't expire until the 19th of March, so they are here in time to get
this extension.
V/M Massaro questioned the 3' ramps and Mr. Cross indicated that the
handicapped spaces are on one level, so there is no need for a ramp.
C/M Disraelly suggested that the dumpsters are to be built to today's
code which is different than the code established at that time.
V/M Massaro MOVED for an extension for a six month period on the Sabal
Palm Townhouses, subject to the dumpsters being built to today's
standards, fire hydrants are to be installed as most recently revised
and conform to our present ordinance, 6 month extension from March 19th,
1981.
C/W Kelch SECONDED the motion.
VOTE: ALL VOTED AYE.
V/M Massaro asked that the best radius possible be given on the fire
hydrants.
38. Lakeside - Extension of Site Plan - Discussion and possible action.
SYNOPSIS OF ACTION
(See Page 27)
Mr. Bryan determined that on December 10, 1980, Council did extend this
for 90 days, but it did not expire until the 22nd of December, therefore
it would still be valid until the 22nd of this month; Mr. Bryan read
V/M Massaro's MOTION: "V/M Massaro MOVED that they be given another 90
days to bring in the plan for approval of site plan."
Mr. Birken explained that as long as the application is in before the
expiration date, they can move forward.
22. Gardens of Sabal Palm - Discussion and possible action on request
for permit for a model/sales facility.
SYNOPSIS OF ACTION: Denied; they can use
the one that is being used now.
Mr. Cross explained that there is a request to move the model sales
facility at Sabal Palm from an existing structure to within the existing
building; he referred to site plan, and said I that there are
already people living in the building , The code specifically precludes
the City Council from granting CO's to any units within a 300' area of a
model or model sales facility, but doesn't speak to having a model sales
facility with CO's already existing before the permit is given.
-30- March 11, 1981
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C/M Disraelly suggested that they pull a permit for Phase 2 and let
one of these buildings be used to create the models and perhaps
give them a waiver for the second building,-
Mr.Anders,Project Coordinator, said they wish to complete the sales of
Phase I which is already built; they are not going to start building
Phase 2 for awhile.
C/M Disraelly indicated that they will have people living next door
or over this with cars coming in and out and the City has never
permitted this.
Mr. Anders asked if the people there did not object, would Council look
favorably upon this?
C/M Disraelly felt that it would not be possible to get everyone of
them to agree and Mr. Anders indicated it would be to the advantage of
the people to get all the units sold.
C/M Disraelly mentioned that the median was being destroyed due to
cars crossing over and possibly Council should have seen that a curb
was put in and before Phase 2, he feels that this should be done.
Mr. Anders stated that someone from Engineering suggested that this cut
be made because of the danger from U-turns that were being made.
C/M Disraelly MOVED the denial of the model sales office; they can use
the building that they are using right now.
C/W Kelch SECONDED the motion.
VOTE: ALL VOTED AYE.
24. Woodmont County Club - Signs - Discussion and possible action on
a request for waiver of the sign ordinance fora sign on the west
side of the building facing; University Dr.by Temp. Reso. #184.5
SYNOPSIS OF ACTION: Approved; illegal RESOLUTION NO. R--9- 5 PASSED
sign between 16th green and 17th tee
on Univ. Dr. be removed by 3/13/81.
c M pisr elly read Temp. Resolution #1845 by title.
M • stay ade,Chairman of the Beautification Committee reported that
the applicant came in with a request for a sign similar to the one that
Council has before them and the Committee denied the request because
the sign really met the requirements, description and specifications of
a billboard --it was an oversized sign, and was going to be erected
within 400 yards of the existing entrance to the Woodmont development.
The sign ordinance in effect states that boundaries cannot be within 400
yards of each other around the perimeter of a development; the application
was denied and the applicant has initiated a waiver request for the same
sign, reducing the size of the sign somewhat and has agreed to put it on
a berm to look more like a planned type of sign.
With this in mind, the committee recommended that the waiver be approved.
The sign will look like the other Woodmont signs; the only change in the
lettering was to mention Private Villas and Townhouses.
C/M Disraelly related to Council that unfortunately there is a sign
existing there that is currently in violation.
Mr.Baade indicated that they re -located one of their previous boundary
signs to that sign site without coming in for an application; the sign
was already permitted, but for another location and it has been moved to
University Drive.
C/M Disraelly asked if the sign was going to be double-faced and at right
angle to University Dr. instead of parallel? Mr.Baadee said it would be
double-faced and less noticeable.
`31- March 11, 1981
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C/M Disraelly indicated that there isn't any objection to the sign,
but the other sign should be taken down.
C/M Disraelly MOVED the approval of the sign waiver Temporary Resolu-
tion #1845, sign as presented to the Beautification Committee be
permitted with condition that the illegal sign between the 16th green
and. th.e 17th_ tee on ?Tniversity '`rive be removed by Friday of this week.
C/W Kelch SECONDED the motion.
25
SYNOPSIS OF
VOTE: ALL VOTED AYE.
Midas Muffler - Signs - Discussion and possible action on a
request for waiver of the sign ordinance for a sign on the west
side of the building facing State Road 7, by Temp. Reso. #1859.
ACTION: Approved, letters not RESOLUTION NO.R - 91 �14 PASSED
to exceed 3' x 14'6" on the West side of
the building.
Mr. Birken read Temporary Resolution #1859 by title.
Mr.Baade stated that Midas came in with an application about two months
ago; they already have a sign displayed on the "front" of their building
which is where their garage entrances are on the south side. The buil.d
Tape ing itself does not occupy a prime location; in the sign criteria they
#7) indicated that the largest maximum letters would be 2'; this, combined to
some extent with the lettering they now have on the south side,to the City
set a precedent of what their desires were. Mr.Baade doesn't think that
a 3' letter would be an excessive size on the west wall. There is nothing
on that wall. now which is about 12' high and 40' long.
C/M Disraelly asked if it was a conforming letter and Mr.Baade said that
it was, in a black on a buff background.
V/M Massaro MOVED the approval of the sign waiver; a sign could be put
up as indicated on the sketch and the size of the letters not to exceed
3' x 14'6" on the west side of the building.
C/M Zemel SECONDED the motion.
VOTE: ALL VOTED AYE.
23. Cummings Plat —Discussion and possible action to approve a modified
plat, pursuant to action by Broward County.
SYNOPSIS OF ACTION: Tabled until meeting of
3/25; rescission of previous action to be
taken; action on Cummings Plat can be taken
after that item occurs.
Mr. Ronald Baugh, representing Winningham & Lively, indicated he would
answer any questions that Council might have.
C/M Disraelly MOVED the adoption of Temp. Reso. #1866, a resolution
approving a plat for Cummings Property.
This plat shows 2' being dedicated to the right-of-way.
1
C/M Zemel SECONDED the motion.
V/M Massaro asked if when they wanted to develop the rest of this property,
do they have to come in with a new plat,and Mr. Birken indicated this has
to be approved by the County Commission.
C/M Disraelly stated that he personally would like to rescind the action
and withdrew the first motion.
-32- March 11, 1981.
/pe
C/M Zemel withdrew his SECOND.
Mr. Birken suggested that it be on the Agenda as a regular Council
item, so that anybody from the public can speak and if Council wants
to rescind the prior resolution, that it be done at a later meeting.
Mr. Baugh stated that there are systems within the County of Broward
and platting regulations within the County of Broward and also platting
regulations within the State that land cannot be double -platted; it must
be submitted as a re -plat --neither one of these pieces show as a re -plat
of each other --they show as a re -plat of a very old plat. There is no
way with the systems of checks and balances that the County has and with
the laws that the State 04 Florida has,that thepiwe now proposed as
the Cummings Plat could be confused and cross --platted with the original
three -parcel plat. The plat that was submitted as a three parcel plat
has been withdrawn from the County; it has gone through and has gotten
County approval. However, the requirements that the County had for the
recordation of the plat were too strict and, as he understands it, some
of the owners have backed out of platting the whole portion and the one
piece that they now present as the Cummings Plat is what they wash to
be platted. He can't honestly answer the question as to whether it would
hurt them, but as far as any developer goes, a time delay is an expensive
one.
Mr. Birken indicated that he didn't feel a need to rescind the prior
action, but if it is the desire of Council, it can be put on the Agenda --
two resolutions will be discussed.
V/M Massaro MOVED that this item be tabled until the meeting of March
25th, at which time both the rescission of the prior
action be taken after proper advertising and that action on this
Cummings Plat can be taken after that item occurs.
C/M Zemel SECONDED" the motion.
VOTE: ALL VOTED AYE.
REPORTS
3E. City Attorney - No report.
34. City Council
C/W Kelch - No report.
V/M Massaro discussed complaints she has received about the traffic
coming off Commercial. Blvd. going north on 70th Ave., 79th Ave., 84th
Terrace and 50th Avenue. She talked with Broward County regarding
the turning lanes on 49th Avenue, and their consulting City Engineer
agreed that they have to be re -surfaced and re --lined., and it would
require taking some of the right-of-way that they have on 49th Ave_.
they are going to take 42' on each side to widen the right-of-way,
instead of 10', they will have 14'.
Broward County engineers were instructed to get in touch with our
City Engineer, because there is improper drainage and the lower part
of Section 7 needs to be filled up ---some of the catch basins in
Section 7 are only. French drains and takes little' water. She made it
very clear to the County that they cannot add any drainage waters to
any of our drainage system in Section 7 and they indicated that they
will put in additional drainage and tie it back to Commercial Blvd.
C/M Zemel asked if V/M Massaro wished to report on the drainage and
grading situation at Northwood 11, and she reported that the last
catch basis was dropped 14" instead of 2".
C/M Disraelly asked if they put in valley gutters and V/M Massaro
stated that they had not, but put in catch basins; they used a man-
hole for a reference point and there was an error of a foot, so all
catch basins were too high.
-33- March 11, 1981
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C/W Kelch referred to the area around 49th---there is difficulty and
possible hazard with the curbed turn lanes that have been put in,
S Ye feels proper signage is not exhibited.
V/M Massaro replied that there is no problem there now; the problem
was brought to the attention of the County and they immediately
blocked it so that nobody could use it --even with the signs, people
do some very foolish things. The County has indicated that the
turn lane that is used to go into 49th Avenue presents a problem,
inasmuch as people make "U" turns, and she asked Mr. Keating to
investigate the possibility of installing a traffic signal at that
point. She doesn't feel it would be a hazard if a light was
installed, butifttwill affect the light getting installed, then
she wouldn't advocate "U" turns.
.......... .
COMMUNITY DEVELOPMENT
26. Drainage Improvements - Reports, Discussion and possible action.
SYNOPSIS OF ACTION: City Engineer to
submit list of priorities.
Mr. Keating reported that they currently have on hold, the award of con-
tracts for the work relating to drainage in Westwood Drive adjacent to
Westwood III and also in the Sunflower area.; they are waiting for easements
that are needed to put in the facilities. His current recommendation is
that the City not make the award, as it appears that it may be cheaper and
easier to install facilities in the drive rather than the way they were origi-
nally set up and he is going to be contacting the consultant to ascertain
whether or not that is a fact. He will be looping at the Sunflower situation
within the next few days to try and make a recommendation to the City
Manager regarding easements on private property.
As soon as he gets the above two projects resolved, then he will supply the
other information that Council has requested, and thinks it will be avail-
able by the next meeting.
V/M Massaro discussed the problem of people objecting to losing their land.
Ms. Stuurmans brought up the repairs that are necessary to the tanker for
sludge removal and asked that this item be agendized.
Mr. Keating reported that the hatch was loose on the tanker and the sludge
was splattering on the side of the tank, and on the streets, so the old
maintenance superintendant decided to clamp the hatch down, but when the
pump was turned on to irrigate the farm area, a vacuum was created inside
the tank, disfiguring the tank --stress concentration points were created,
and leaks appeared in the wrinkles. Although this was repaired several
times, it seems to be getting worse and ho feelsthis should be repaired on an
emergency basis.
V/M Massaro asked what Mr. Keating intended to do to the tank and Mr.
Keating explained that the wrinkles will have to be cut out and new plates
put in.
C/W Kelch questioned Mr. Keating as to what was going to be done about the
original problem and Mr. Keating replied that a line had been added with a
valve, and before the pump is turned on, th'e valve is opened up and the
vacuum relief is obtained.
Mayor Falck asked what the cost would he�, and Mr.. Keating indicated it would
be up to $3,000.00.
-54- March 11, 1981
/pe
39. Repairs to Tank for Sludge - Discussion and possible action.
SYNOPSIS OF ACTION: Agendized by Consent.
City Engineer authorized via City Mgr.
to repair sludge tank by Metalock Welding,
price not to exeed $3000.00 on an emergency
basis, funds to be taken from R & R.
C/W Kelch MOVED to agendize an item for repair to the tanker for
sludge removal and V/M Massaro SECONDED the motion.
VOTE: ALL VOTED AYE.
Mayor Falck asked Mr. Keating what the alternative was and Mr. Keating
replied that there was no alternative.
V/M Massaro said she didn't think this is necessarily going to give,
and Mr. Keating stated that every time there is a break in the plates,
it is larger than the last time.
Ms. Stuurmans mentioned that Mr. -Keating has talked with two vendors
and also made inquiry about means of repair to the tanker; everyone
said that this is not a biddable item and he was referred to Waldron
and Metalock Welding. The latter came in at $2,000, Waldron came in
at $2800.00 and approval is being asked to ha w the work done by
Metalock Welding at the $2000.00 cost, but we are going to go as high
as $3000.00 because of the internal cleaning which will be done when
the tank is repaired.
Mr. Keating indicated that the emergency is that the tank could rupture
and discharge waste onto the roadways and endanger the health and
welfare of the people in the City.
C/M Disraelly MOVED that the City Engineer via the City Manager be
authorized to repair the sludge tank by Metalock Welding at a price
not to exceed $3000.00 on an emergency basis, in order to prevent
spillage of sludge on the City streets.
Mr. Keating reported that the consultant has indicated that the money
could be taken from R & R.
V/M Massaro asked if the tank had.to be cleaned before it was welded,
and Mr. Keating replied that the reason they are asking for more than
$2000.00, is that the man originally gave them the price which would
include our cleaning the tank.
V/M Massaro asked if he had asked what it would cost for him to clean
it and Mr. Keating said it would be in the neighborhood of a couple of
hundred dollars.
C/M Zemel SECONDED the motion.
VOTE: ALL VOTED AYE.
REPORTS
C/M Zemel reported that there will be a meeting on March 12th at
2:00 P.M. between the City Attorney, himself, possibly the City
Manager, Commissioner Craft, members of the Zoning Enforcement
Court of the County, and chief executives of Coral Ridge Properties
to discuss special tests on blasting conducted during the past two
weeks, and he will report back to Council as to any action taken.
-35- March 11, 1981
/pe
C M Disraelly Discussed that the Florida Boating Improvement
Program will assist the City in the Cypress Creek Commons area
for new construction, expansion and renovation and repair, which
could include docking facilities, access roads and parking,
acquisition of land, utilities, restrooms, lighting, landscaping,
electrical and sewer work --this would be a 100% funded project
by the Department of Natural Resources in Florida. It has been
indicated that the City could get this grant as a continuing item
.for the park. He feels we should have'Council action to indicate
that an official manual has been sent to Mr. Cross by the State;
later in March there will be a workshop to review the various
changes in the program and suggested that this be agendized.
V/M Massaro stated that she would like more clarification before
it is agendized.
C/M Disraelly will have copies made for each member, which should
be in their hands tomorrow or the next day.
C/M Disraelly reported that the Tamarac Radio League, consisting
of about 25 members who are ham operators, are requesting the use
of the City Hall Antenna so that they could get the information
out in the event of a disaster. They would like a set brought into
City Hall and wondered if this should be agendized.
V/M Massaro said that before it is agendized, perhaps the Police
Chief can be brought in for discussion.
C/M Disraelly further reported that there is a meeting of the
Broward Delegation on March 20th at 2:00 P.M. regarding the pro-
posed annexation. The City is proposing with the City Manager
to have a meeting March 17th, 7:30 P.M. prior to the Broward
Delegation meeting. It has been suggested that the City get the
names of the people in the unincorporated areas of the City by
tomorrow, noon -time, get a letter out to the people this weekend,
and proceed with the meeting on March 17th regarding their annexa-
tion into the City --the Gate and Woodglenn would be addressed to
the occupants.
Tape #8) Ms. Stuurmans indicated that the n9mrs had already bbon' obtained
and flyers will be sent to the Gate, as it is in one owner's name.
She also stated that the meeting of March l7th could be informal
and a notice will be posted at City Hall.
C/M Disraelly felt that the City should proceed with the annexa-
tion if possible and C/M Zemel mentioned that it will be an open
forum type of discussion that the people will be invited to attend
on March 17th.
Ms. Stuurmans said letters will be sent to the individual owners.
C/M Disraelly mentioned that he met with Carlton Miller and they
had a discussion on solid waste.
35. CITY MANAGER
Ms. Stuurmans discussed the item on the Consent portion of the
Agenda, on the Mechanical ControlAbev.ices and the Moveable Walls;
on her administrative report she asked to go for rebid on these
items and indicated she would like Council to take that action.
-30- March 11, 1981
/pe
40.. Bid Authorization - Key Control for the Gas Pumps - Discussion
and possible action.
SYNOPSIS OF ACTION: Ayend_ized by Consent.
City Manager authorized to go for bid on
gasoline tank key control with no
requirement for a bid bond.
C/M Disraelly MOVED to Agendize by Consent for authorization for City
Manager to go for bid for gasoline -tank key control; no requirement
for a bid bond.
V/M Massaro SECONDED the motion.
VOTE. ALL VOTED AYE.
41. Bid Authorization - Moveable -Walls - Discussion and possible
action. _
SYNOPSIS OF ACTION: Agendized by Consent.
C/M Disraelly MOVED to Agendize by
Manager to go for bid for Moveable
requirement for a bid bond.
V/M Massaro SECONDED the motion.
VOTE: ALL VOTED AYE.
HDINPINIMAIS
Consent for authorization for City
Walls for the Chamber with no
Igor Falck reported on the meeting in Orlando relating to the health
plan and Workmens' Compensation; they are now going to pay for second
opinions before surgical, procedures --the loss work record for
Workmens' Compensation through the end of September last year, was
under the State average. While dividends cannot be declared before
the June meeting, the City stands to benefit significantly from the
dividend payments. The Safety Program here has been conducted properly.
Our collision self-insurance program in-house has been working out
very satisfactorily, and before the beginning of the next fiscal year,
we can expand this.
The Mayor indicated that he had received a communication from the City
Attorney relating to accumulation of vacation time and he asked that
this be agendized.
42. City_Attorney_Accumulation of Vacation Time-- Discussion and possible
action.
SYNOPSIS OF ACTION: Agendiz_ed by Consent.
City Attorney to accumulate vacation
days up to April 1st and then take
all days in excess of 30 and then must
stay within 30 days.
C/M Disraelly MOVED to Agendize by Consent discussion of Arthur Birken's
vacation time.
C/M Zemel SECONDED the motion.
VOTE: ALL VOTED AYE.
-37- March 11, 1981
/pe
Mr. Birken stated that the Personnel. Manual does not address the
City Attorney and City Manager; it specifically excludes vacation
for individuals appointed directly by Council and he pointed out
that he has exceeded 30 days. The City is in the middle of a
Platting Ordinance and other projects that would not be addressed
for the time he was on vacation and Mr. Birken indicated that he
would prefer to continue working, rather than taking time off.
However, if Council wishes him to take his vacation and he is a day
or two over, he expressed the hope that this wouldn't be lost time.
C/M Zemel indicated that he doesn't understand why top management
employees have any limitation as to sick time and vacation time.
He felt that neither the City Manager or City Attorney should be
indispensable to the City.
V/M Massaro felt very strongly that a person should take vacations,
as they can do a better job. The City does have an able assistant
City Attorney and she does not like the idea of extending Mr. Birken's
vacation time; he can accumulate the 30 days, but anything beyond that
should be: taken.
C/M Disraelly felt the differences between public and private
industry. He feels that if sick leave accumulates to the maximum,
then a vacation should be taken after 30 days.
Mr. Birken pointed out that unlike any other employee in the City,
including the City MAhager, if Council feels the City Attorney is not
doing his job properly, it takes three votes to vote him out and
accumulated vacation is some sort of comfort.
C/M Zemel said that he is actually asking for an increase in salary.
Mr. Birken asked Council what the ground rules were and V/M Massaro
said it should be left as the Manual reads.
C/M Disraelly expressed his interpretation --maximum of 30 days vacation
and sick pay to be paid off at the percentages --verbiage of the sick
leave should say 25% of the first X number of days.
Arthur Birken, City Attorney asked if he will lose the days that he
is over and C/M Disraelly said, as of this moment, he is entitled
to the days in excess as far as he is concerned,up to April 1st, take
his vacation, and then stay within 30 days.
MAYOR FALCK ADJOURNED THE MEETING AT 4:45 P.M.
MATOR
ATTEST:
s
ASSISTANT CITY CLERK
This public document was promulgated
$_L _-�_per copy, to inform the
and employees about recent opinions
Council of the City of Tamarac.
Ot12
at a cost of $3&.16 , or
general public and public officers
and considerations by the City
9
March 11, 1981
/pe
APPRGVrE Cy
CITY COUNCIL ON ��
AJaXnnd�r 0i'nnL
^ S GOB: P4Ny
Date March 10,_ 1981
OFFICE MEMORANDUM
To Burton Emmer - So. Florida From Robert M. Hersh - South Florida
Client City of Tamarac__
Federal Arbitrage Law Applicable to the Excess Proceeds of the
Subiect-Franchise-Fee Installment Loan: - --
our Understanding of the Facts
In accordance with resolution 79-116 of June, 1979, the
City Council authorized financing for the land acquisition,con-
struction and furnishing of its Fire Station Number 2. The
original amount of the loan was for $250,000 at 5.85% interest,
payable interest only for the first seven months, after which
time payments of principal and interest shall be paid in equal
monthly installments of $2,135 for 174 consecutive months.
Approximately $181,000 was expended for the construction
of the fire station. Land and other developmental costs were
funded by the capital reserve fund of the City for approximately
$82,000, which amount will be reimbursed from the proceeds of the
loan and investment earnings of the Fire Station Capital Project
Fund. Through January 31, 1981, the Capital Project Fund had
investment income of approximately $24,000.
As a result of the above transactions, there will be a
balance of approximately $11,000 in the.Fire Station Capital
Project Fund.
Questions
If the City transfers the balance of the Capital Project
Fund to the General Fund and invests the -unexpended balance of
the proceeds of the loan and investment earnings, will there be
any problem relating to Federal Arbitrage Laws?
Answers
It does not appear that the tax-exampt status of the
interest income derived by the lender will be jeopardized by the
City's investment of the excess proceeds.
Discussion
1. Section 103(a) of the Internal Revenue Code of 1954
provides a general exclusion from income for the
interest received on obligations issued by state
or local governments or their political subdivisions.
Tray * e
.3I. i/d1r
Alan-nd:orGran
Date March 10, 1981
OFFICE MEMORANDUM
To Burton Emmer - So. Florida From Robert M. Hersh - South Florida
Client__ City_ of Tamarac _
Federal Arbitrage Law Applic_able to the Excess ^Proceeds �of the
Subject Franchise Fee Installment Loan.
-2-
2. Governmental obligations are "obligations issued by
a state or local government unit". It is generally
held that any exercise of a governmental--unit's
borrowing authority gives rise to an obligation
(Drew v. U.S., 394 F. Supp 340 (S.D. Tex. 1975)).
3. Section 103(c) indicates that an arbitrage bond shall
not be treated as an obligation in accordance with
Section 103(a). An arbitrage bond is defined as any
obligation which is issued as part of an issue all or
a major portion of the proceeds of which are
reasonably ex ected to be used, directly or indirectly,
to acquire securities or obligations which may be
reasonably expected at the time of issuance of said
issue, to produce a yield over the term of the issue
which is materially higher than the yield on obligations.
of such issue.
4. Treas. Reg. Sec. 1.103-13 (b) (1) (ii) provides that a
"major portion" of the proceeds of an issue is any
amount which at any time exceeds 15% of the original
face amount of the issue.
Section 103(c) denies the tax-exempt status of a municipal
bond only if it is "reasonably expected," at the time of issuance
of the debt that the substantive provisions of that Section and
the Regulations thereunder would not be compiled with. Since the
City of Tamarac incurred the debt in connection with the acquisition
of land and the construction of Fire Station'Number 2 thereon and
also intended to comply with the provisions of Section 103(c), it
appears that the City has satisfied the requirement under the
reasonable expectations test. Thus, the tax-exempt status of the
interest income derived by the lender should not be affected as
a result of investing the unexpended balance of the loan proceeds.
kr&1#H9 -
-/3 / 1,f-1
Neu—arGrant
d COMPA•:V Date-_March_10-,
OFFICE MEMORANDUM
To Burton Emmer - So. Florida From Robert M. HershR- South Florida-.._.
Client Cijy of Tamarac ---___--
Federal Arbitrage Law Applicable to the Excess Proceeds of the
Subject Franchise Fee Installment Loan.... -.- - -
-3-
Furthermore, even if the city were unable to satisfy the
"reasonable expectations test",.the arbitrage yield restrictions
apply only to the investment of a "major portion"of the proceeds
of an issue. Investments of less than a major portion of those
proceeds (15% or less - the minor portion) are not generally
restricted. The amount in question in.the present case amounts
to 4.5% of the original face amount. The 15% limit applies to
both original proceeds and investment proceeds which are accumu-
lated. Investment proceeds do not include amounts received from
the investment of any proceeds of an issue if, within one year of
receipt, such amounts are commingled with general revenues of the
issuer (Treas. Reg. Sec. 1.103-13 (b) (2) (ii) (A)) . Since the City
intends to transfer the unexpended funds to the General Fund,
wherein investment earnings will be commingled with general
revenues, future investment earnings should not increase the
minor portion in relation to the original face amount of the
loan.
RMH/j j s
Birken: Says that unit of local government
Stewart: We can go around about that all day. We are not approving anything
in your city except plats. It is for plat approval. City can say what
the developer has to meet. When it comes to the County Commission for
their approval the County will make its findings.
Birken: You cannot even apply the standards until a later point in time.
Stewart: In that case you can enter into an agreement to say no c.o.'s
will be issued until such time as those services are available. I don't
think that situation would arise under this ordinance.' You can have your
own ordinance, your own procedures.
Birken: This is totally at the discretion of the County Commission which
Ts the way I read the language.
Birken: The Development Review Committee as I understand it will be a
formal committee that will have advertised meetings that will meet in
the sunshine.
Stewart: They do not go under the sunshine law.
Stewart: How do they affect you as a City?
Birken: The committee will have someone chairing the meetings and will be
voting on matters that come before it. Unqualified people will be making
decisions affecting areas of the city.
Stewart: The committee is the committee we have now and that type of group
a�worked very well.. It is a matter of everyone putting their input
together to coordinate their findings and recommendations.
Birken: That is not spelled out in the ordinance. Each member of the
committee is going to have some vote in the actions taken.
Stewart: It would be a boon to the developers if the committee were to
operate in that fashion. drainage committee - school committee.
Craft: Clear up the question on committee - meets in the sunshine. -
make -it clear - does committee vote.
Birken: Staff members provide input upon which the elected officials make
the decision.
Craft: If there were some ---
Stewart: I will take a look at that.
Craft: If possible, misread the language, sorry, we would want to clear
that potential defect. 1.
Stewart: If you find that problem you are correct.
N
MEETING TO DISCUSS PROPOSED BROWARD COUNTY PLAT ORDINANCE
CONFERENCE ROOM 2 BROWARD COUNTY COURTHOUSE
March 12, 1981
THOSE PRESENT:
1. Chairwoman Anne Kolb
2. Commissioner Craft
3. Commissioner Forman
4. General Counsel Harry Stewart
5. Assistant General Counsel Ed Stacker
6. Mayor Walter W. Falck
7. Vice Mayor Massaro
8. Councilman Disraelly
9. Councilman Zemel
10. City Attorney Birken
11. City Planner Cross
12. Kurt Voelker
Mayor: Concerned about the effect the plat ordinance has on the City.
Birken: Tamarac has really tried over the years to cooperate with the County
in the plan review and development review in the City. Hope you feel that
the City has acted in a positive manner in controlling development.
Kolb: It's a very high density level.
Birken: I think Council would like to have an open mind. The Council is
well aware that you have been trying to get strong development review
regulations in place and if possible the Council would like to hear from
you as to what it is that you are trying to achieve. Something that can
be found that the City and the County could be on the same side of the
fence. There are some problems. The ordinance is an insult to local
government - saying that they are not trusted.
Kolb: What are your legal objections.
Birken: The Planning Council addressed one problem. Another is that
Section 5.01 of the County Land Use Plan says that development review
findings have to be made. There may be agreement with the developer that
there will be no c.o.'s and the decision deferred. If some party wants
to come in with an agreement with the City at the platting stage the County
is insisting that there be development review findings made. That seems
to be in conflict with the Land Use Plan.
Stewart: I don't see that as a problem because the ordinance that we are
proposing takes that exact circumstances and gives the County Commission
and the City that authority to enter into the agreement when the services
are not there. Page 8 - a & b.
Birken: It affects the cities anytime there is a finding that a city did
not properly review a plat there is a reflection on the elected officials
and staff that they have notadone their job properly.
Stewart: That is wrong. They may find that we have more information
ava lade to us.- same standard countywide. If we deny a plat that is approved
it is because we have additional information to deny it upon. I don't see
it as saying you have not done your job - that we have reviewed additional
information and there may be other problems.
Birken: The Development Review Committee will be making the initial
determination that something is economically and fiscally feasible. The
City is very troubled by the fact that . . .
Kolb: What are you referring to?
Birken: Water and sewer has to be economically and fiscally feasible. If
Me City has a plan to finance improvements that the City Council has studied
and approved and found to be economically and fiscally feasible, the fact that
the committee staff will be reviewing that again seems to be totally in-
appropriate and a matter which can bring us to a situation where the City
feels it is o.k., county feels that no that is not an appropriate way to do
the improvements and because of that your plan is not economically and
fiscally feasible and we will not approve your plat. To what detail and
what depth is this going to take place?
Kolb: I think you are creating situations.
Birken: Independent Review.
Kolb: The only thing I can say to you is that it is in the land use plan
at this time and it certainly was not objected to by anyone at that time.
Stewart: What is the City's view of Section 2.10 of the land use plan?
Kolb: City makes its findings.
Stewart: What does that mean to you? If the Board as it is inside the
City, the Board of County Commission should not look at it. What is the
City's view of that section? Our position is that Section 6.12 of the
land use plan gives us the authority to look at plats. How do we fulfill
our obligation without some review?
Birken: The County Commission should be acting as some sort of appellate
body.
Stewart: In order to fulfill our obligation the County Commission cannot
is�app�rove a plat unless there are some standards for disapproval. Cannot
apply a different rule for each and every plat.
Birken: There is no basis in the land use plan for separate regional issues
room non regional issues.
ki
Stewart: If you don't review plats at all then they cannot deny plats for
some local issue - police and fire - because we have no standards set.
Birken: The real reason for this meeting is that the City officials wanted
to rave a discussion with members of the County Commission and not have the
City Attorney and County Attorney dominate the meeting - let the elected
officials spend the last few minutes talking over their problems.
Mayor: We feel our hands are going to be tied. I am talking about the
platting - police, fire.
Kolb: You are going to make the decision on police and fire.
Mayor: Our concern is that we are not going to be able to make it at all.
Kolb: That's right.
Kolb: You are not into regional parks, drainage does not stop in Tamarac.
Craft: The County wants to keep it open so if and when we do find a
particular thing we should be able to enforce. The cities are concerned
about having all of this power down here. The cities feel that the power
will be misused. The thing that I would like to see enough room to
maneuver in that if something comes through that should not have been
approved by the City that we can catch it at this level. Cities do look
at the entire 11 points and apply whatever standards exist. You will
look at regional issues and make a determination - I am concerned about
the fact that you all distrust the Board of County Commissioners 10 years
down the road. You are all going to do the 11 points.
Kolb: Give me the section you are talking about.
Craft: I want to hear the Mayor.
Birken: The basic problem is "Independent Review".
Craft: I know what the problem is.
Birken: Those two words cropped up the first time in the February draft.
Up until that point in time we were upset by the ordinance but it was
something that we could live with. It is just a slap in the face.
Craft: You are concerned that the County Commissioners would use the
Iendent Review to overturn something that the City legislature did?
Massaro: In the past they have done these things. The track record it
has has been in the past. The density is high in Tamarac.
Kolb: Density was 25 units to the acre and you had to get there with a
Telicopter.
Massaro: I would address Prime Canals a regional issue. University Drive -
adto allow them to put parking. Thereorare issues that I think we have
a right to our own government. I trust that Home Rule Powers give us that
right.
4
311yJlrl
Kolb: The County has got to have some standards and what you are talking
a out is the battle over the, standards - roads - most controversial - based
on our level of service D. Minimum standards for the County. If you want
a tougher standard you have every right to have it. It gave you the floor
on traffic, sewerage, drainage.
Massaro: You could produce an ordinance which would control some of those
t zT ngs�you want to control and still not take away every right from cities
and say that you can do it better.
Kolb: I don't see better standards. Does Tamarac have the right to set a
standard for anybody else?
Birken: No.
Kolb: I feel that we are going to have countywide standards and you can
expect in the case of police and fire we won't have any standards.
Craft: That is absolutely critical for the Question of independent review.
e- actual use the County would make of that is very clear. I don't think
anyone thinks it misuses the power. I think there is a legitimate concern.
When the plat has come through the process - and goes to the County Commission and has been approved all the way through that it would deny it but the way
the thing is drafted implies that it could. It does give a sweeping
authority. It does give us the authority to look at regional issues. The
point I want to make - independent review we know that we really want them
to see. We will in fact review the regional ones. I entertain a
suggestion for different language.
Kolb: It is not a cursory review by the County. In terms of the potable
water it is not cursory - the health department comes up with some information.
In terms of the traffic it is not cursory and any city in this County that
does not have the financial resources to do an analysis countywide.
Craft: What you have just distributed is what is going on now.
Birken: It is the EQCB and the Health Department that are already reviewing
and we are taking it one step beyond and the second thing is that what you
say about the roads is true. I think Tamarac would contract with the County
or the Planning Council if given the opportunity, to get the proper input.
Kolb: The way I read the charter the Commission was given certain things
to do.
Stewart: Manner in which you exercise that authority is going to be covered.
Craft: We are much closer to a reconciliation. I am glad commissioner you
picked up on my comment on cursory review. Our staff have all been involved
in the process all the way through.
Kolb: I will give you specific examples. City of Fort Lauderdale - they
Have approved a number of plats when they go here we started asking questions -
what grew out of that was that they did not have adequate water and sewer.
There was a hiatus period but one where they were required to get their plat
upgraded and it forced a meeting with the EPA. Temporary moratorium. There
are times when we have had plats from different cities and they have approved.
5
them and when they came in things were not as they should have been.
Craft: I believe the Question comes down to the City's concern that the way
the ordinance is drafted that it requires us to do an independent review
that we will start with a . . . set of people on everything that is regional.
That is not our intention.
Kolb: I don't think that you understand. The Health Department cannot
Deny a plat, the EQCB cannot deny a plat. They can prohibit you from getting
a building permit. The way this thing is written it is supposed to be
concurrent review. The City will be notified and they will come down here
and they will sit in on a meeting and all the information will be pooled
together.
Craft: That the way this is written is that it is an option.
Stewart: Within 7 days they will supply the application to you for plat
approval.
Kolb: What happens when the plat and site plan committee meet?
Stewart: We go through our process. We do our independent review and make
tFie in—f rmation available to the City.
Kolb: Why don't we have them show up at the meeting? Is there some provision
wFere they are notified that they must show up? Put something in and if
there is concurrent review they have notice when the meeting is so that they
will show up. Let's put something in that they have to be notified when a
plat comes up. What would it take - 1 sentence - the county staff shall
notify so and so when the Development Review Committee will consider a
plat in that city.
Birken: Does not allow the City to speak A. The city says - notified what
the changes are.
Kolb: Let's take A if we put a sentence in that when a plat comes from
a City you be notified and you can send someone down then when the plat
comes before the Commission you certainly can say anything you want.
Forman: There has to be some kind of regional floor - I think people want
a floor.
Birken: Set the standards and let the City review them. Give us the benefit
oT—t ee doubt that we are doing our job properly.
Forman: We are just setting the floor. I hope you accept our standards.
Kolb: You want us to give away the authority that was given to us under
tFie TCharter.
Massaro: I don't think we are asking much to give up any power - I think
you are taking too much power. Particulgrly these independent review.
What occurs within those reviews? When it comes to internal affairs I
think you should keep .your hands off.
6
Kolb: The cities gerrymandering has left us with all the ghettos.
Massaro: We have been trying to square off our boundaries and the County
has not helped us.
Forman: How are we interfering with internal affairs?
Kolb: Sewage treatment
Massaro: If a city can show that they are not capable of handling their
sewage I think you should be concerned about what is happening.
Kolb: 201 program. What would you think water should be _ a regional
issue?
Mayor: It is a regional issue because there is only so much water.
Massaro: I think if the City doesn't address it - Health Department tells
us now if they are not satisfied with what you are doing before the plat's
approved. If a City fails to do it the County has the right to come in.
It is out of our doing - it is what we generally use. You are making it
more and more expensive for a person to buy or build a home.
Craft: The thing that keeps is the fact we have no intention of every
time someone comes down here and all the work has been done concurrently
of going through all the . . . again is not going to happen.
Kolb: I don't see how it can happen.
Craft: All we have to do is insert some language if some board comes
in and says that there is plenty of water and there is not we are not
going to sign off. Let's address the language. We will conduct an
independent review. If you can suggest some language in lieu of that
we will substitute it for independent review.
Forman: What is so different if we pass this ordinance. We are talking
a out issues like impact fees are being taken more seriously now.
Craft: The cities are concerned that we have a carte blanc card - it is
a problem of language.
Kolb: You should send someone to come to that meeting. We should notify
you in advance.
Massaro: If there is a problem the person should be there to discuss it
wi�aur staff.
Kolb: Let's see you send one person then. Let's put it in then, about
notifying them and giving them adequate time and they should have them to
make their presentation at the plat and site plan review committee.
Craft: The City does in fact have the right to be involved in that business.
It's difficult for us to treat the entire business.
7
Kolb: If it would make them feel any better put something in and they can
1 it gate if we violate our standard. It's our responsibility to enforce
the standards.
31
Forman: This doesn't prevent you from running your own city.
Kolb: Can you just say review - do you have to say independent?
Stewart: The reason the only evidence - so we don't go to court on the city's
review. We are going to look at what you did but it is our independent
review we are going to be supporting.
Kolb: Closing legal loophole.
Craft: The County would not have the right because there was no independent
review provision.
Kolb: The key is that we get these people in when we have that site plan
anu-plat review meeting. I don't think that we are as far apart as you
think.
Birken: It seems that members of the Commission don't seem to want to try
to get language that we both can live with. I think we did make some
progress today. But we still have those two words and they are just a
slap right in the face.
Craft: Even though you know we are not going to.
Stewart: The County Commission decided that they want to be the people to
review.
Stewart: What that ordinance says is what the Commission intends it to.
The question is not independent review, it is whether or not the County
Commission is going to be the reviewing body. What kind of reviewing body
are they going to be?
Birken: Like an appellate court - which is what I think they should do.
Stewart: This Commission doesn't want to do that. They want to have their
own review from their own staff. What you are arguing is totally not related
to this ordinance. If they decided that they will review it then have their
staff review it. Give the Board of County Commissioners to decide. This
ordinance does exactly what the County Commission wants to do. You don't
like what they want to do.
Craft: After you have reviewed the 11 we will review the regional issues.
Massaro: What all cities are concerned with is the creeping effect of this.
What is the next step?
Forman: I don't see a creeping effect.
8
Stewart: One of the very serious problems is parochialism.
Respectfully submitted,
/'J dith Bernstein
(. March 23, 1981