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HomeMy WebLinkAbout1982-03-24 - City Commission Regular Meeting Minutes0r u �r or 1 P. a. BOX 25010 TAMARAC, FLORIDA 33320 FIRST CLASS MAIL CITY OF TAMARAC, FLORIDA CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, MARCH 24, 1982 CALL TO ORDER: 9:30 A.M. ANNOUNCEMENT OF TIME ALLOCATIONS - MOTIONS TO TABLE - The Chair at this time will announce those items which have been given a specific time to be heard, and will entertain motions from Council members to table those items which require additional research. Council may agendize by majority consent matters of an urgent nature which have come to Council's attention after publication. PRESENTATION AND AWARDS 1. Employee Service Award - Presentation by the City Manager of a ten-year pin to Peter�Giuttari of the police Department. 3/24 Pg. 2 C/Mgr.presented 10 yr.pin 2. Beautification Week - Presentation by Mayor Falck of a proclam- 3/24 Pg. 2Mayor presented ation designating the week of April 17 - 25, 1982, as "Beauti- proclamation fication Week in the City of Tamarac". 3. Children of the Holocaust - Presentation by Mayor Falck of a 3/24 Pg. 2Mayor presented proclamation declaring Sunday, April 18, 1982 to be "Day of proclapresen Remembrance of the Children of the Holocaust". TAMARAC UTILITIES WEST 4. Bid Award - Temp. Reso. #222.0 - Discussion and possible action to award a bid for the annual grouting chemical requirements. BOARDS AND COMMITTEES 5. Announcement of expiration of terms of office for positions on the following boards and committees: Planning Commission 4/15/82 5 positions Beautification Committee 4/9/82 8 positions Consumer Affairs 4/11/82 12 positions Public Information Committee 5/11/82 7 positions Social Services 5/11/82 7 positions Code Advisory 5/11/82 4 positions Recreation Board 5/11/82 8 positions Park Commissioner 5/11/82 l position Fishing Commissioner 5/11/82 1 position City Photographer 5/11/82 1 position Assistant City Photographer 5/11/82 1 position Welcoming Committee 5/11/82 12 positions If anyone is interested in serving on any of the above boards or committees, please contact the City Clerk's office for an applica- tion. If existing board and committee members desire to be con- sidered for reappointment, please indicate this by memo to the City Clerk's office; however, members will continue to serve until appointments are made by Council. 3/24 Pg. 3 APPROVED-Polyme: Chemicals Inc. 3/24 Pg. 3 Mayor announced expiration of terms for vari- ous conmittees and boards,Ray Baade requested anyone applying for Beautifica- tion be availab: for summer months PAGE,TWO CONSENT AGENDA 6. 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) Alan F. Ruf - Consulting City. Attorney - 3/19/82 - $1,125.00 and $700.00 - Total $1,825.00 - Approval recommended by City Attorney. b) Mitchell Ceasar - Grants Consultant - 2/3/82 Expense Report -- $275.45 - Approval recommended by City Manager. c) Muller, Mintz, Kornreich, Caldwell & Casey, P.A. - Special legal Counsel - 3/8/82 - $130.26 - Approval recommended by City Attorney. d) Del Ricco Brothers Construction, Inc. -- 1982 Storm Drainage Improvements - Westwood Community 3 - 3/16/82 - $54,403.20 (Pay Estimate #2) - Approval recommended by City Engineer. e) Authorization to allow the City Manager to go to bid for four (4) "police -package" vehicles for the Police Department. f) Longview Lime - Authorization to procure lime for water treat- ment from this vendor. g) Pre -employment Physicals - Authorization for continued use of professional services of Dr. Neil Katz. h) Banyan Lakes Agreement regarding water and sewer service - Approval to extend the tabling action to the Council meeting of April. 14, 1982. GENERAL ADMINISTRATIVE/FINANCIAL 7. Tract 27 Recreational Facilities - Discussion and possible action on: a) Approval of Stipulation #11 with Tract 76 Corp, and Montwood Inc. - Temp. Reso. #2224 b) Approval of plans for recreational facilities. (this item is scheduled to be heard approximately 10:30 A.M.) 8. Army Corps. of Engineers -- Temp. Reso #2093 - Discussion and Possible action to approve an agreement with the Army Reserve for earth moving and related work in the City (tabled from 11/30/81). 3/24 Pg. 4 APPF0VED items a) thru h) 3/24 Pgs.8 & 9 a)APPROVED,b) APPROVED.C/Mgr. to have proper people check they are current in fees,if not Ldvise Mr. Engel 3724 Pg. 10 APPROVED 3/24 Pg. 12 9. _City Attorney - Discussion and possible action to accept the Council accepte( resignation of Arthur M. Birken. resignation 3/24 Pg. 12 10. Acting City Attorney - T em2o. Reso. #2225 - Discussion and pos- Council appoint sible action to appoint an Acting City Attorney and Acting Alan Ruf & Chri: Assistant City Attorney. ask, 11. 12. 3/24 Pgs.2 & 3 Bid Award.- .Public Works Department - TeML. Reso. #2221- Dis- APPRDVEDto Man cussion and possible action to award a bid for three (3) utility Products - sheds. $9, 477 3/24 Pg. 2 Bid Awards - Caporella Park - Discussion and possible action on: TABLED w/no datE a) Awarding of a bid for guardrail - Temp. Reso. #2222. b) Awarding of a bid for asphalt paving - Temp. Reso. #2223. PAGE 13. Solid Waste Collection - Temp. Reso. #2226 - Discussion and possible action to amend the contract with Browning Ferris Industries for garbage collection. 14. Bike Path Construction - Temp. Reso. #2140 - Discussion and possible action to approve an agreement with Florida Depart- ment of Transportation for a bike path on the west side of University Drive from NW 57 Street to Southgate Boulevard (tabled from 2/10/82). 15. Broward County League of Cities - Discussion and.possible action on selection of City voting delegate and alternate to the League for 1982/1983. 16. Health Insurance - Discussion and possible action. 17. Vehicles for Engineering and T.U. West -- Discussion and pos- sible action to purchase four (4) economy pick-ups for T.U. West and one (1) economy pick-up for Engineering Department via State Contract 18. Word Processing Sytem - Temp. Reso. #2234 - Discussion and possible action to procure a word processing system from available funds from Microdata Corp. as a sole source item. HREE 3/24 Pgs.12-13 APPROVED accept rate increase2 effective 1/l/8 3/24 Pg. 14 TABLED to future date 3/24 Pgs.14-15 C/M Disraelly named Voting Delegate,C/M Kravitz,alterna 3/24 Pgs.18 &19 APPROVED 3/24 Pgs.15&29 C/Mgr.authorize purchase 4 TUW vehicles as stipulated 3/24 Pg. 2 TABLED w/no dat 3/24 Pg. 16 19. Atlantic Boulevard Extension Project - Discussion and possible C/Atty said no action. action necessar PUBLIC HEARINGS - 2:00 P.M. 20. Platting Procedures and Requirements - Temp. Ord. #925 -- Dis- cussion and possible action to amend Chapter 20 of the Code by revising platting requirements. Second Reading. 21. Applications for Reserve Units - Temp. Ord. #956 - Discussion and possible action to amend Ordinance 81-18 regarding pro- cedures for reviewing applications for reserve units. Second Reading. 22. Business Uses - Tem Ord. #963 - Discussion and possible action to amend Section 28-171 of the Code to permit the sale of bottled gas in B-1 and B-2 zoning districts. Second Reading 23. Bay Colony Property Company, Inc. - Rezoning Petition_ #2-Z-82 Temp. Ord. #971 - Discussion and possible action to rezone the recreation parcel at Lake Colony, also known as Brookwood Gardens, and located at approximately 7100 Brookwood Boulevard, from R-4A (Planned Apartments) to S--1 (Open Space/Recreation). First Reading. a) Acceptance of Affidavit of Publication, Affidavit of Post- ing and Affidavit of Mailing. b) Consideration of application. LEGAL AFFAIRS 24. Limited Agricultural (A-1) Zonin District - Temp._ Ord. #885 - Discussion and possible action to amend Section 28-171.2 of the Code to permit distributor transformer stations and setting forth conditions for such use within this district. Second Reading. (tabled from 7/22/81) (This item is scheduled to be heard directly following the public hearings at approximately 2:30 P.M.). 3/24 Pg. 20 TABLED w/no date 3/24 Pg. 20 APPROVED on 2nd & final reading 3/24 Pg. 20 APPROVED on 2nd & final reading 3/24 Pg. 21 a)ACCEPTED affidavits, b) APPROVED on 1st reading. 3/24 Pgs.22&23 TABLED until FP&L brings in information. PAGE FOUR 25. Sales Trailers - Temp. Ord. #938 - Discussion and ... Sa. e —, Tem or P ar�' 3/24 Pgs.10,11, action possible to amend Section 28-216b(2) of the Code by & 12 TABLED permitting a temporary sales trailer for a residential project until ord.has prior to site plan approval. First Reading. (tabled from been reworked 3/10/82). 3/24 Pg. 18 26. Development Regulations - Temp. Ord. #965 - Discussion and APPROVED on lst possible action to amend Chapter 7 of the Code pertaining to eading w/change: time limits for pulling Engineering permits and by modifying review procedures for revised site plans for improvements completed prior to annexation and prior to August 11, 1972. First Reading. 3/24 Pg. 17 27. Emergency Ordinance - Purchasing Procedures - Temp. Ord. #972 APPROVED on lst biscussion and possible action to amend Chapter 9 of the Code & 2nd reading. in order for purchasing procedures to be consistent with amend- ment to Charter. First and Second Readings. COMMUNITY DEVELOPMENT 3/24 Pg. 24 24 28. Shell Oil Comp Company - Land Use Amendment - Petition #1-RU-81 - APPROVED 1st Temp. Ord. #930 - Discussion and possible action on a request reading as to amend the Land Use Element of the Tamarac Comprehensive amended Plan, in order to increase the density from 100 units to a maximum of 200 units, by transferring 100 existing reserve units allocated to Flexibility Zone 60 and changing the land use from Low Density (0-5 dwelling units per acre) Residential The subject lands are described as Parcel A of Mainlands 15, and are bounded on the east by the eastern boundary of the City, on the west and south by Vanguard Village Section 15. The north property line lies approximately 270-feet south of McNab Road. First Reading. (tabled from 3/10/82). 29. H.L.R., Inc. - Rezonina Petition #47-Z-80 - Discussion and 3/24 Pg. 25 APPROVED as possible action to rezone lands located south of McNab Road at amended. NW 70 Avenue from R-IB to RM-10, by Tem . Ord. #834. Second Reading. (tabled from 3/10/82). 30. H.L.R.,Inc. - Rezoning Petition #48-Z-80 - Discussion and pos- 3/24 Pg. 25 APPROVED on 2nd sible action to rezone lands located south of McNab Road at reading as NW 70 Avenue from R-lB to RM-10, by Temp. Ord. #835. Second amended Reading (tabled from 3/10/82) 31. Woodmont Tracts 74 and 75 - Revised Site Plan - Temp. Reso. 3/24 Pg.25&26 APPROVED w/ #2196 - Discussion and possible action on a revised site plan conditions pertaining to building modification. 3/24 Pg. 26 32. Concord Village I - Performance Bond - Temp. Reso. #2232 - If bond not released by 3/31 Discussion and possible action to call this bond which was Council have spec posted for public improvements. meetin 33. Springlake I - Bond Release - Tem2. Reso. #2233 - Discussion 3/24 Pg. 26 APPROVEDrelease and possible action to release a warranty bond posted to for $87,745. guarantee public improvements. 34. Woodmont Tract 71 - Discussion and possible action to reaffirm 3 24 Pgs.26,27 J.Bryan will ] September 10, 1980 approval of 3-foot sidewalks for this take care of project. arrears 35. Tamarac Town Square - Discussion and possible action on: 3/24 Pg. 1 TABLED to 4/14 a) Revised Site Plan pertaining to building modifications, meeting parking and vehicular circulation - Tem . Reso. #2195 (tabled from 3/10/82) b)' Construction of sidewalks for this project (tabled from 3/5/82) PAGE FIVE 36. Broward Neighbors - Discussion and possible action on: 3/24 Pgs.4,5, a) Revised site plan for storage and loading area addition and expanded parking area - Temp. Reso. #2227. k�) Request fob waiver of s awa l_l ulreme t. c "Dater Retention Agreement - gendizerd c_:onsent 6 & 7 APPR(= w chars es APPROVED, c) App��. 37. The Greens - Revised Site Plan - Temp. Reso. #c2228 - Dis- cussion and possible action on a revised site plan for shuffle board covers. _W24 Pgs. 6, 7 & 8 APP!-OVFi 3/24 Pgs.7&8 38. Woodmont Plaza - Revised Site Plan - Temp. Reso. #2229 - Dis- APPROVED cussion and possible action on a revised site plan for re- location of a ground directional sign. 3/24 Pgs.7 & 8 39. Wedgewood Condominium, Inc. - Discussion and possible action APPROVED to approve a community directional sign at the northeast corner of Commercial Boulevard and NW 94 Avenue. 3/24 Pgs.27,28 40. Woodview Tract 38 - Model Sales Facility -- Discussion and pos- sible action to renew a model sales permit for this project. & 30 TABLED to next meeting. 3/24 Pg. 1 TABLED w/no dat for information 41. Woodmont Tracts 68 and 77 - Discussion and possible action on a request to modify the terms of the Water and Sewer De- veloper's Agreement. 3/24 Pg. 1 42. Southgate Gardens East (Mission Lakes) - Discussion and pos- sible action on a request to modify the terms of the Water and TABLED w/no dat or information. Sewer Developer's Agreement. 43. - - Commercial Plaza Surety Bond. Tem Reso. #2 Temp. ,_ 2 3 0 - Dis- 3/24 Pgs.16,17 No action needei _- - - _ cussion and possible action to call this bond which was posted to provide a positive drainage system. 3/24 Pg. 17 44. Woodmont Tract 49 - Warranty Bond - Tem . Reso. #2231 - Dis- No action neede cussion and possible action to call this bond which was posted to guarantee public improvements. 3/24 Pg. 21 45. Drainage Improvements in the City -- Approval to include Main- lands Section 7 in -areas to be considered - Discussion and possible action. C/Engr authoriz survey area of Mainlands 7C/Clrk authoriz REPORTS to request C/Mg to give report 46. City Council 3/24 Pgs.28 & 30 47. CiQy Manager 3/24 Pg. 29 48. City Attorney 3/24 Pg. 30 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 da� CAROL A. EVANS ASSISTANT CITY CLERK (over) WORSHOP MEETING Monday, March 22, 1982 - 9:30 A.M. - Workshop to discuss Commons Project - Council Chambers Cypress PAGE SIX For informational purposes, following are the residential and commercial zoning districts in the City: R-1 -Single Family Residence R-lB & R-lC -One-Family Dwelling R-2 -Two-Family Dwelling RD-7 -Two-Family Dwelling R-3U -Row House R-3 -Low Density Multiple Dwelling RM-10 -Planned Apartment R-4A -Planned Apartment R-5 Motel/Hotel B-1 -Neighborhood Business B-2 -Planned ConYmmity Business 13-3 -General Business B-5 -Limited Business District B-6 --Business District S--1 -Owen Space/Recreational I-1 -Institutional M-1 -Light Industrial M-2 -Medium Industrial A-1 -Limited Agricultural A-5 --Agricultural/Excavation T-1 -Trailer Park District 28a) Reserve Unit Agreement and Amendment - Discussion and possible a n. 49. Paving of City Hall Parking Lot - Discussion and possible action. 3/24, Pg. 1, Agend, by Cons. Pages 24 & 25 APPROVED.Check presented for >100,000 by J. 3ryan-held in escrow until )lan recertifiec )v County. 3/24,Pg. 17, Agen. by Cons., APPVD. use of asphalt in lieu of liquid as- CITY OF TAMARAC, FLORIDA REGULAR CITY COUNCIL MEETING MARCH 24, 1982 CALL TO ORDER: Mayor Walter Falck called the meeting to order on Wednesday, March 24, 1982 at 9:30 A.M., in the Council Chambers. ROLL CALL: PRESENT: Mayor Walter W. Falck Vice Mayor Helen Massaro Councilman Irving M. Disraelly Councilman Philip B. Kravitz Councilman David Krantz ALSO PRESENT: City Manager, Laura Z. Stuurmans City Attorney, Arthur M. Birken Assistant City Clerk, Carol A. Evans Secretary, Patricia Marcurio MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Falck called for a Moment Cape of Silent Meditation followed by the Pledge of Allegiance. 1 Mayor Falck said that this is the last meeting that Arthur Birken will be attending as City Attorney. 35. Tamarac Town Square - Discussion and possible action on: a) Revised Site Plan pertaining to building modifications, parking and vehicular circulation - Temp. Reso. #2195 (tabled from 3/10/82). b) Construction of sidewalks for this project (tabled from 3/5/82). SYNOPSIS OF ACTION: TABLED to meeting of April 14 at the request of the applicant. C/M Disraelly MOVED to TABLE Tamarac Town Square to the meeting of April 14 at the request of the applicant. SECONDED by V/M Massaro. VOTE: ALL VOTED AYE 41. Woodmont Tracts 68 and 77 - Discussion and possible action on a request to modify the terms of the Water and Sewer Developer's Agreement. 42. South ate Gardens East (Mission Lakes) - Discussion and possible action on a request to modify the terms of the Water and Sewer Developer's Agreement. SYNOPSIS OF ACTION: TABLED with no date for information. V/M Massaro MOVED to TABLE Items 41 and 42 with no date given for more information, SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE 28 a). Reserve Unit Agreement and Amendment - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by consent. See Pages 24 and 25) V/M Massaro MOVED to Agendize this by Consent, SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE - 1 - 3/24/82 /pm 12. Bid Awards - Caporel la Park - Discussion and possible action on: b) Awarding of a bid p paving - Awarding for guardrail Temp._Reso. #2222. g for asphalt avin Temp. Reso. #2223. 18. Word Processing System - Temp. Reso. #2234 - Discussion and pos- sible action to procure a word processing system from available funds from Microdata Corp. as a sole source item. SYNOPSIS OF ACTION: TABLED with no date. V/M Massaro MOVED that Items #12 and 18 be TABLED with no date, SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE 1. Employee Service Award - Presentation by the City Manager of a ten- year pin to Peter Giuttari of the Police Department. SYNOPSIS OF ACTION: Presentation of ten-year pin by City Manager. The City Manager presented a ten-year pin to Peter Giuttari of the Police Department. 2. Beautification Week - Presentation by Mayor Falck of a proclamation designating the week of April 17 - 25, 1982, as "Beautification Week in the City of Tamarac". SYNOPSIS OF ACTION: Proclamation. presented by Mayor Falck. Mayor Falck read the Proclamation into the record designating the week of April 17 - 25, 1982 as "Beautification Week in the City of Tamarac", and presented this to Ray Baade, Chairman of the Beautification Committee. V/M Massaro commended the Beautification Committee for the many hours they volunteer. 3. Children of the Holocaust - Presentation by Mayor Falck of a pro- clamation declaring Sunday, April 18, 1982 to be "Day of Remembrance of the Children of the Holocaust". SYNOPSIS OF ACTION: Mayor Falck presented the proclamation. Mayor Falck read the Proclamation into the record designating Sunday, April 18, 1982 to be "Day of Remembrance of the Children of the Holocaust". Mayor Falck then presented this to Sol Schulman, President of the Tamarac Jewish Center. Mr. Schulman gave an official invitation to Mayor Falck and Council to the Sunday, April 18 service that will be held at 2:30 p.m. at the Tamarac Jewish Center. C/M Krantz said there has been formed within the City a Holocaust Memorial Committee composed of the survivors of the holocaust;. there are already two hundred members and they expect to have five hundred members by the end of this year. 11. Bid Award - Public Works Department - Temp. Reso. #2221 Dis- cussion and possible action to award a bid for three (3) utility sheds. SYNOPSIS OF ACTION: APPROVED Temp. Reso. #2221. RESOLUTION NO. PASSED. - 2 - 3/24/82 /pm Attorney Birken read the Resolution by title. C/M Disraelly said Council has copies of the bids and a report from Ralph Thissen recommending purchasing the sheds from Man Products at a gross price of $9,477.00. This is the lowest bid and exceeds the bid specifications. C/M Disraelly MOVED the ADOPTION of Temp. Reso. #2221 and Section 1 should read "Whereas Man Products is the lowest fully responsive and responsible bidder" and in Section 1, "That the bid of Man Products in the amount of $9,477.00 be approved". SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 4. Bid Award - Temp. Reso. #2220 - Discussion and possible action to award a bid for the annual grouting chemical requirements. SYNOPSIS OF ACTION: APPROVED Temp. Reso. #2220. RESOLUTION NO. R - Vr,'7- t5 PASSED. Attorney Birken read the Resolution by title. C/M Disraelly asked if Section 2 should read "Payable as invoiced quantities" so that it does not show the payment of $20,000 is being made at one time. He said there is a report from the City Engineer with the recommendation that this be purchased from Polymer Chemicals in a gross bid of $22,800.15 less 2% Discount if paid in 10 days. C/M Disraelly MOVED the ADOPTION of Temp. Reso. #2220 with Section 2 to read "Payable as invoiced quantities" based on the unit price of the three items involved with a 2% Discount if paid within 10 days. SECONDED by V/M Massaro. Attorney Birken said the Resolution said the bid should say per unit price for the City's needs; the City Manager said the price of $22,800.15 has been projected but it may vary up or down depending upon usage. Attorney Birken said the Resolution should read "The bid of Polymer Chemicals in the amount of Acrylamide Grout 2.29 per pound, 6.36 per gallon for 99% TEA, 0.845 cents per pound of A.Pi'. C/M Disraelly reworded his MOTION to state the bid of Polymer Chemicals for Acrylamide Grout at a price of $2.29 per pound, 6.36 per gallon at 99% TEA, 0.845 cents per pound of A.P. is approved to be paid as purchased during the course of the year with a 2% discount if paid within 10 days on each invoice, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 5. Announcements of expiration of terms of office for positions on the following boards and committees: Planning Commission 4/15/82 5 positions Beautification Committee 4/9/82 8 positions Consumer Affairs 4/11/82 12 positions Public Information Committee 5/11/82 7 positions Social Services 5/11/82 7 positions Code Advisory 5/11/82 4 positions Recreation Board 5/11/82 8 positions Park Commissioner 5/11/82 1 position Fishing Commissioner 5/11/82 1 position City Photographer 5/11/82 1 position Assistant City Photographer 5/11/82 1 position Welcoming Committee 5/11/82 12 positions Mayor Falck said the purpose of this announcement is to encourage individuals living in the City who are interested in serving on any of these particular committees to make application to the office of the City Clerk. Ray Baade, Chairman of the Beautification Committee said he would appreciate it if those interested in serving on this committee would be available during the summer months since this is important to have a voting quorum. - 3 - 3/24/82 /pm 49. Paving of City Hall Parkin Lot - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. (See Page 17). V/M Massaro MOVED to Agendize by Consent Parking Lot, SECONDED by C/M Disraelly. VOTE: 6. Consent Agenda - ALL VOTED AYE the paving of the City Hall a) Alan F. Ruf - Consulting City Attorney - 3/19/82 - $1,125.00 and $700.00 - Total $1,825.00 - Approval recommended by City Attorney. b) Mitchell Ceasar - Grants Consultant -- 2/3/82 - Expense Report - $275.45 - Approval recommended by City Manager. c) Muller, Mintz, Kornreich, Caldwell & Casey, P.A. - Special Legal Counsel - 3/8/82 - $130.26 - Approval recommended by City Attorney. d) Del Ricco Brothers Construction, Inc. - 1982 Storm Drainage Improvements - Westwood Community 3 - 3/16/82 - $54,403.20 (Pay Estimate #2) - Approval recommended by City Engineer. e) Authorization to allow the City Manager to go to bid for four (4) "police -package" vehicles for the Police Department. f) Longview Lime - Authorization to procure lime for water treatment from this vendor. g) Pre -employment Physicals - Authorization for continued use of professional services of Dr. Neil Katz. h) Banyan Lakes Agreement regarding water and sewer service - Approval to extend the tabling action to the Council meeting of April 14, 1982. SYNOPSIS OF ACTION: APPROVED a) through h) . C/M Disraelly requested that under Item b) when there is an expense report, a report should be submitted as to what happened. He said Mitch Ceasar should be reimbursed but when there is an expense report, this should be handed in. Mayor Falck said he will assume the responsibility for seeing that he is properly notified in writing and copies will be given to each member of Council. V/M Massaro MOVED to APPROVE.Items a) through h), SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE 36. Broward Neighbors -- Discussion and possible action on: a) Revised site plan for storage and loading area addition and expanded parking area - Temp. Reso. #2227. b) Request for waiver of seawall, requirement. SYNOPSIS OF ACTION: (See Pages 5, 6 and 7) Attorney Birken read the Resolution by title. Thom Lira, representing the Miami Herald Publishing Co. and the Broward Neighbors said his Associate, Mr. Dale, the engineer, asked them to design and expand the parking lot and add the addition on the rear; it was designed to Code. It was submitted to the City Planner and the City Engineer and with minor revisions went through the Planning Commission and staff. When the cost estimates were prepared, and a copy was filed with Mike Reiter the cost was far in excess to what was budgeted. At that point it was decided to bring it within the budget and resubmit this. V/M Massaro said she would like to hear from the City Engineer because it was his contention up to now that a seawall was needed there. The City Engineer said that essentially there are existing seawalls along that - 4 - 3/24/82 /pm canal bank and most likely there will be seawalls constructed as other property develops; therefore, strictly from the esthetic point of view. it would make sense to continue with this rather than leave blanks along the way. Mr. Keating said he had occasion to review an in-house memo to Glenn Sorlie which indicates that perhaps they might be satisfied with delaying the construction of the jeawall until the adjacent property develops and put theirs in. Mr. Keating said this may be a good solution to the problem. C/M Disraelly said he sent a memo indicating that he and Dick Rubin had met with Bonnie Linton who is marketing manager for Broward Neighbors. The purpose of this meeting was an indication by them that they wanted to reopen this project. In their meeting they discussed the things that had to be done and the things that perhaps Council might consider waiving temporarily or offer an alternative. Ms. Linton contacted Mr. Sorlie and wrote a memo of 3/23/82 and the tnings that had to be done were: - the asphalting on the east side of the building to provide regulation parking, including cement wheel stops. - the dumpster to be enclosed according to code - to pave the median on 57th St. and fill in the west median area where the cars have been using and to curb the north side of the median - to lay a sidewalk on the full length of the property to use a landscape plan to install a fire hydrant - to`light the parking lot that would be used at night, not the entire parking lot but just for those people who come in at night. C/M Disraelly said one of the things Council might waive would be the seawall until such time as the property to the east was built at which time they would put in a seawall and the guardrail. One of the other maybes was drainage from the catchbasin into the canal. C/M Disraelly said it is his understanding that since then, the City Planner has mentioned to them that there is probably a problem only at the swale area where the driveway crosses and perhaps a catchbasin should be put in there leading to the canal for the disposal of the water. The site plan before Council indicates that they would curb the median, put in a new median cut and everything that was talked about was included in the site plan with the exception of the seawall. C/M Disraelly asked for the City Engineer's comment about the catchbasin on 57th St. Larry Keating said when the plans were originally reviewed several months ago what was requested was that in addition to the standard drainage systems that are installed to drain the parking lot that they just install a short spur out to the swale area on 57th St. Mr. Keating said they have not seen the revised drawings and they have not been approved. V/M Massaro said there is a serious drainage problem on 57th St. and she questioned whether a catchbasin should be put in. The City Engineer said they would ordinarily,in developing their site, put in catchbasins and culverts to drain their parking lot. The City Engineer said he asked them to extend the pipe and one catchbasin to the swale area so that it would run to the canal. V/M Massaro asked if there would be a need for two catchbasins there. The City Engineer said he thinks they only contemplated one catchbasin at the east driveway. Thom Lira said when they originally designed the project they put in two, one at the corner of each driveway and then ran it down to the new parking lot and out to the canal. They currently have it so that the entire parking lot drains toward the canal. V/M Massaro said she would not like to see a drainage problem as they had before. She said the City Engineer should take a good look at the drainage and whether one catchbasin is sufficient because if it is not then this must be corrected. ` 5 - 3/24/82 /pm Thom Lira said it is the desire of the Miami herald to eliminate the seawall. V/M Massaro said when something is waived a bond is put up for that seawall and if the property to the east is relieved of the responsiblity than they too would be relieved of it. She said she would have no objection to that rut as they develop, if they are required to put a seawall in than this should be in there too. V/M Massaro MOVED the APPROVAL of this site plan subject to the bonding of the seawall and that it be waived temporarily until the property to the east is developed and at that time if the project that develops to ape the east is not required to put a seawall in then the Broward Neighbors 2 bond would be released immediately. If the project to the east were required to put up a seawall then Broward Neighbors would be installing their seawall at the same time. The City Attorney said this would be a condition within Paragraph-D of Section 1 of the Resolution and the reference to the seawall in the Development Review Status Sheet would be taken out and V/M Massaro agreed. V/M Massaro said she would also make the engineering subject to review of the City Engineer and his judgment as to whether they need one or two catchbasins in front and that it would drain to the canal. C/M Disraelly said he would like to add the payment of a Drainage Retention Fee in the amount of $1,004.36 and Drainage Improvement of $74.61. Mr. Lira said this was paid on 10/21/81 when they thought they were going ahead on this project and they never proceeded to recollect the fees so the City has the money currently. The City Attorney asked Mr. Lira if they signed the Developer's Agreement and Mr. Lira said they did. Mr. Birken said that this should be agendized now as a standard Drainage Retention Agreement to authorize the appro- priate city officials to execute or it should be on the next agenda. Mayor Falck said this should be agendized now and the City Attorney said Council should vote on the Motion first and then agendize this. Mr. Lira said, pertaining to the Motion, he would like to table the motion to allow him to call the Miami Herald and inform them of the conditions and receive a decision from them to approve the conditions or withdraw. The City Attorney said there should be a Second to the Motion and then this should be Tabled. C/M Disraelly SECONDED the Motion. Mayor Falck said Mr. Lira should make his phone call, he will not Table the Motion but will hold it until Mr. Lira returns with an answer. (see Page 7 ) . 37. The Greens - Revised Site Plan - Tem . Reso. #2228 - Discussion and possible action on a revised site plan for shuffleboard covers. SYNOPSIS OF ACTION: See Pag6 s 7 & 8) Attorney Birken read the Resolution by title. C/M Disraelly said he visted there yesterday and the shuffleboard canopies have been erected. One of the problems was a question of the setbacks and in reviewing them the posts are erected withifi the confines of what was the original shuffleboard court. Richard Rubin said there was a code violation and the applicant was building the shuffleboard court sheltering without knowledge that he needed a building permit. The Building Department informed them that they had to get a permit, they came to Planning and the roof structure was approved. Therefore, what is before Council is an approval of the. revised site plan in order for the Building Department to issue a permit so they can inspect the structure. The appropriate fees have been paid. - 6 - 3/24/82 /Pm 38. Woodmont Plaza - Revised Site plan - Temp. Reso. #2229 - Dis- cussion and possible action on a revised site plan for relocation of a ground directional sign. SYNOPSIS OF ACTION: (See. Page 8) Attorney Birken read the Resolution by title. C/M Disraelly said that originally there was a sign located in the southwest corner of the lot which does not work there because of the traffic circulation and the.,. mailbox and all he is doing is moving this sign into the curbed area. There should be no problem with this. 39. Wedgewood Condominium, Inc. - Discussion and possible action to approve a community directional sign at the northeast corner of Commercial Boulevard and NW 94 Avenue. SYNOPSIS OF ACTION: (See Page 8) C/M Disraelly said because. Wedgewood.is not on a trafficways pattern as approved by the County they are requesting that they be permitted to put a sign at the corner of NW 94 Avenue and Commercial Boulevard on property that is owned by the Krif Company. Mr. ,lack Fineberg is President and has consented by letter to the Beautification Committee. The Beautif- ication Committee approved the sign at their meeting of March 15 but the code requires that Council approve any sign placed on property not owned by the person putting the sign up. C/M Disraelly said at that adjacent location there are directional signs for other sections of the city. 36. Broward Nei hbors- Discussion and possible action on: a) Revised site plan for storage and loading area addition and expanded parking area - Temp. Reso. #2227. b) Request for waiver of seawall requirement. c) Drainage Retention Agreement Agendized by Consent. SYNOPSIS OF ACTION: APPROVED a),b)& c) RESOLUTION NO. R-- r a PASSED. subject to conditions. (See page 4, 5 & 6) Thom Lira said this should be "Approved, Subject to" conditions as set forth in the Motion made by V/M Massaro. The City Attorney said this was all right. VOTE: ALL VOTED AYE The City Attorney asked that the Water Retention Agreement be agendized. C/M Disraelly MOVED to Agendize the Water Retention Agreement, SECONDED by V/M Massaro. VOTE: ALL VOTED AYE V/M Massaro MOVED APPROVAL of the Water Retention Agreement written some time ago and the proper person be authorized to sign this agreement. SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE 37. The Greens - Revised Site Plan - Temp. Reso. #2228 - Discussion and possible action on a revised site plan for shuffleboard covers. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R PASSED. Tem . Reso. #2228. (See Pages 6 & 8). - - 7 - 3/24/82 /pm C/M Disraelly MOVED the ADOPTION of Temp. Reso. #2228, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 38. Woodmont Plaza - Revised Site Plan - Tem . Reso. #2229 - Dis- cussion and possible action on a revised site plan for relocation of a ground directional sign. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-:$r?-9,� PASSED. Temp. Reso. # 2229. (See Page 7). C/M Disraelly MOVED the ADOPTION of Temp. Reso. #2229 issuing a develop- ment order for Woodmont Plaza, SECONDED by V/M-Massaro. VOTE: ALL VOTED AYE 39. Wedgewood Condominium, Inc. - Discussion and possible action to approve a community directional sign at the northeast corner of Commercial Boulevard and NW 94 Avenue. i SYNOPSIS OF ACTION: APPROVED (See Page 7). C/M Disraelly said on behalf of the Beautification Committee he MOVED the APPROVAL of the sign to be placed by Wedgewood Condominium, Inc. at NW 94 Avenue and Commercial Boulevard. SECONDED by V/M Massaro. VOTE: ALL VOTED AYE 7. Tract 27 Recreational Facilities - Discussion and possible action on: a) Approval of Stipulation #11 with Tract 76 Corp. and Montwood Inc. - Temp. Reso. #2224. b) Approval of plans for recreational facilities. SYNOPSIS OF ACTION: a) APPROVED b) APPROVED plans for recreational facilities with chain link enclosure for the pump station. C/Mgr. was re- quested to have the proper people check that they are current in their fees and if not Mr. Epple should -be advised. RESOLUTION NO. R -g.2 PASSED. a),. Attorney Birken read the Resolution by title. V/M Massaro asked Mr. Epple about the pump and other equipment being enclosed by some sort of pro- tective enclosure. Richard Rubin said there are modular enclosures that may be used for this. He said they have utilized a similar type of structure for Edgewater Village that is a modular enclosure that the pump companies can provide on top of the ground and all pump facilities fit within the structure and there is a metal lid that fits on top and there is a locking device for security. Steve Epple of Montwood, .Inc. introduced Ed Reiter who is the consultant for golf course construction and the man who handled the irrigation. Mr. Epple said they had planned on a concrete slab and had not planned on any enclosure. Mr. Reiter said the reasons for this are that a concrete slab is better if they desire to expand and a fence would be appropriate to deter vandalism. Mr. Reiter said a modular enclosure could be expen- sive because this is a rather large pumping station. V/M Massaro asked the City Engineer if the City did not protect some of the equipment at the pumping stations along Southgate with some wire enclosures? The City Engineer said something should be used to keep away vandals. V/M Massaro asked if a chain link wire enclosure would not do the same thing. The City Engineer said this could be considered but a wire fence would not do the job as well as an enclosure would. Mr. Epple said this enclosure could be camouflaged with hedging of some type. - 8 - 3/24/82 /pm Mr. Epple said there are also some free-standing controls there that would be advisable to have fenced in because then they could be pro- tected as well. V/M Massaro asked Mr. Epple if he would be willing to enclose this with a chain link enclosure? Mr. Epple said this is what they have around the golf course and it should be fenced and they will do this, hopefully soon. V/M Massaro said they should look at the plan and act on that first and then the Stipulation. Mr. Reiter said they are digging a 6" well rather than a 4" well for about 100 feet. C/M Disraelly said that at that point there should be rust -free water. V/M Massaro commented that she was pleased to see Toro equipment there. C/M Disraelly said a,request was made by the soccer people about the future soccApr field concerning the irrigation. Ed Reiter indicated that he would prefer not to put in pipes there because if there is no water flowing through there there could be a problem. The heavy equipment could break the pipes and there would be expense with repairs. Jimmy Shiles from the Tamarac Soccer Club asked Mr. Reiter while they have their equipment there if Tamarac Soccer went out and ran a Carnival to buy the grading and fill, would it be less expensive to do this at once or come back later. Mr. Reiter said only if they were to do the complete soccer field then the pipe system could be put in. Mr. Shiles said the reason he is asking is because the Tamarac Soccer Club is willing to raise money for this purpose. Mr. Shiles said he is very thankful to Council for what they have done for the Tamarac Soccer Club so far but if it can save money at;some future date they are willing to help. V/M Massaro said what Mr. Shiles is talking about is the sub -grade and the City is going to do that. Mr. Shiles said that this year alone they have over 300 children playing on two fields and Tamarac Park cannot be fixed as long as there is an overlap of football. V/M Massaro said if Mr. Shiles and the Tamarac Soccer Club raise the money the City will work with them but it cannot be tied in to what Mr. Epple and Mr. Reiter are doing because they do not want anything to hinder what they are doing. V/M Massaro asked the :City Attorney if anything should be added concerning a chain link enclosure that will be built over the pumping system. Mr. Birken said that time is of the essence and the City's relationship with these people is such that if it is not in the stipulation it will still be done. V/M Massaro said as far as she is concerned their word is their bond and she has no problem with it. C/M Disraelly MOVED the APPROVAL of Stipulation 11, Temp. Reso. #2224, V/M Massaro said the City Manager should have the proper department check to see that all of these are paying their fees for model. -sales and --.that they are current in their fees and it they are not Mr. Epple should be contacted by memo. C/M Disraelly said he would also like to request that the City Manager check all the Tracts listed 47, 54, etc. V/M Massaro SECONDED the Motion. V/M Massaro said it will require the payment of the fees today. Mr. Epple said they will be making the application and paying the fee for a six month period from March 18. VOTE: ALL VOTED AYE b) V/M Massaro MOVED the APPROVAL of the plan for the recreation parcel, the soccer field and the pump station to be enclosed with a chain link enclosure, SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE - 9 - 3/24/82 /pm 8. Army Corps of Engineers - Tem . Reso. #2093 - Discussion and pos- sible action to approve an agreement with the Army Reserve for earth moving and related work in the City (tabled from 11/30/81). SYNOPSIS OF ACTION: APPROVED Temp. Reso. #2093. RESOLUTION NO. R--9o7—g3 PASSED. Attorney Birken read the Resolution by title. The City Manager said this item has been on the table since November, 1981. It was being held until the City was in a position to begin work on some of the park sites. The Army has presented the City with a contract which requires certain insurance from the City. She said the carrier said an additional amount of $475.00 would be required to insure under the terms of this agreement. She said yesterday she spoke with Captain John F. Rogers of Company A of the Battalion that would be performing this work for the City. He indicated to the City Manager that they have seven 5-yard dump trucks, a bull dozer and a front-end loader available to do this work. They would be able to perform rough grading, loading and hauling and the City, in turn, will have to have someone available to supervise them during the time that they will be here which would be on weekends. This should not be a problem. The City Manager said in a matter of scheduling, since they only have the one unit available and they do perform work on the weekends,they are currently doing projects for the City of Fort Lauderdale. She said she would anticipate that the City would have to wait a month before they would be able to come in here. She recommends the adoption of the Resolution. C/M Disraelly MOVED the ADOPTION of Tem . Reso. #2093, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE V/M Massaro said on this item they would not be taking out the insurance until it was actually needed and the City Manager concurred. 25. Temporary Sales Trailers - Temp. Ord. #938 - Discussion and pos- sible action to amend Section 28-216b(2) of the Code by permitting a temporary sales trailer for a residential project prior to site plan approval. First Reading. (tabled from 3/10/82). SYNOPSIS OF ACTION: TABLED to next regular meeting. Attorney Birken read the Ordinance by title. V/M Massaro said that she askew :cur this item to be on the agenda previously and she hopes Council will act on first reading today. She said she is awaiting some memo as to changes in the ordinance. She said considering the economy the developers are having a difficult time and they have received a letter from Coral Gables Federal and they indicate that unless they have a certain nur!ber of sales they will not permit any financing on their projects which puts the developers in a very difficult position because unless they have final approved site plans, which are very costly, they have no way of selling the unit. C/M Disraelly said at the last meeting there were only three members of Council present when this Ordinance was brought up and it was requested by the Vice Mayor that it be tabled to a future meeting. He said he is opposed to this Ordinance for several reasons: if the City permits a temporary trailer to be used on a specific location or when they put up a trailer for sales without any site plan being presentedothe City does not know what is being projected at that particular location,as to whether it will be single family homes, duplexes, multi -family homes, townhouses or whatever. Furthermore, unless there is a site plan in front of Council, - 10 - 3/24/82 /pm there is no way to know if the developer is showing prospective tenants homesites that may be in violation of the'City Code, that may be in violation of the setbacks, that may be in violation of roads that would have to go through that development, etc. The prospective buyer could possibly have a contract that could not be fulfilled because until that site plan comes before the City Council, that is the first time that anyone will know specifically what will be built. C/M Disraelly said in addition, the Council does not know whether that development will be built in accordance with the Land Use Plan that has been provided by the City. The developer may be showing items�.at a 'ape greater density than is permitted by the Land Use Plan. C/M Disraelly 3 said he would hope that at least a preliminary site plan would be before Council so that they would know what is being projected at the area. Under today's ordinances the City requires nothing to come before Council as a concept or a preliminary site plan, Council sees the final site plan that has been approved by the Planning Commission. C/M Disraelly said whatever might be shown or projected by the developer could be totally different than what would be ultimately presented to the City Council and Council would have no control nor would the individual who is involved have any control. C/M Disraelly said he made these feelings known at a previous meeting and he does not think this is a good ordin- ance despite the feelings that have been expressed. He said if something is going to be projected for sales it can be done from the sales office of the developer and the City should not be a party to it by permitting a temporary sales trailer on any location for which the Council does not have a site plan or for which it is not known what will be developed. V/M Massaro said the suggestions that C/M Disraelly has made are already written into this ordinance.. On Page 2, Subsection IV, "That the builder or developer has a valid and unexpired site plan approval, or has complied with the provisions of subsection VI below;". Subsection VI says "If a site plan has not yet been approved by the City Council, but an applica- tion for site plan approval, either preliminary or final, has been sub- mitted". C/M Disraelly said all this says is that it has been submitted. Council does not know whether what is on the site plan is conforming to the Land Use Plan, Code, or anything else. V/M Massaro asked the City Attorney if something could be written into the ordinance saying that the pre- liminary site plan would have to be reviewed by Council before they can apply for their permit? The City Attorney said the procedures are complex enough and this would only make them more complex. It can be done but would this mean that the only site plans that would be reviewed by Council are when the developer wants to have a sales facility? V/M Massaro said no, this is specifically for a sales trailer before a final site plan. A preliminary site plan would be showing Council that it is in conformance to the Land Use Plan and zoning for that area. The City Attorney said that staff can make that determination very easily. C/M Disraelly said this does not require staff to make a determination all the Ordinance says is"submit the plans". Mayor Falck asked if it would be satisfactory if it were modified to require staff or Council to review the preliminary site plan? C/M Disraelly said the ordinance has just been rewritten as far as site plans are concerned several months ago. Right now a site plan ordinance does not require preliminary site plans of any sort. The City Attorney said the preliminary site plans are reviewed by staff, they do not all go to the Planning Commission. C/M Disraelly said he would be opposed to passing this on first reading and then making the corrections. If all the corrections are made and everyone agrees then he would like to review it again. 11 - 3/24/82 /pm V/M Mdss:ar.o-said she has no,.objection to this and had requested input from Council members at the last meeting and did not receive any. C/M Disraelly MOVED to TABLE to the next regular meeting until this has been reworded based on comments of all members of Council, SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE Attorney Birken suggested that Council members who have input put it in writing as this would be helpful for the City Attorney's office. 9. City Attorney - Discussion and possible action to accept the resigna- tion of Arthur M. Birken. SYNOPSIS OF ACTION: ACCEPTED V/M Massaro said Council is very happy for Mr. Birken in his appointment as a Judge. Council is sorry to lose him and has a great deal of respect for him and they wish him well. Arthur Birken said the robing is scheduled for Friday, April 23 at 4:00 p.m, at the Broward County Courthouse. C/M Disraelly said he would be there and he expressed his personal feelings. C/M Krantz said he is sorry he did not have more opportunity to work with Mr. Birken. C/M Kravitz and Mayor Falck expressed their well wishes also. C/M Disraelly MOVED to ACCEPT Mr. Birken's resignation, SECONDED by V/M Massaro. VOTE: ALL VOTED AYE Attorney Birken said his feelings were expressed in the memo he sent to Council tendering his resignation. He said, hopefully, the cities will have a voice on the bench who understands the problems of the municipalities and will be able to express those problems with other judges who have not had the privilege to work in the capacity of City Attorney. 10. Acting City Attorney - Tem Reso. #2225 - Discussion and possible action to appoint an Acting City Attorney and Acting Assistant City Attorney. SYNOPSIS OF ACTION: APPROVED Temp. Reso. #2225 RESOLUTION NO. R, $' PASSED. Attorney Birken read the Resolution by title. V/M Massaro MOVED the ADOPTION of Temp. Reso. #2225 appointing Alan F. Ruf as Acting City Attorney and Christine Carsky as Acting Assistant City Attorney. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 13. Solid Waste Collection - Temp. Reso. #2226 - Discussion and possible action to amend the contract with Browning Ferris Industries for garbage collection. SYNOPSIS OF ACTION: ADOPTED RESOLUTION NO. PASSED. Temp. Reso. #2226 accepting rate increase from BFI effective 1/l/82. Attorney Birken read the Resolution by title. C/M Disraelly said that effective January 1, 1982 the County raised the tipping fees at the sanitary landfill from $9.00 per ton to $12.00 per ton. Under the contract which the City had with BFI for the collection of solid waste, it was provided that the only increase in fees that would - 12 - 3/24/82 /pm be granted to them would be for tipping fees and they were not entitled to any increases for labor, gasoline or any other items. The City Manager and C/M Disraelly have been working with Brad Gardner, Vice -President of BPI and he had prepared and summarized for them the cost of the disposal only and the figure he had was a $.27 increase for a single family and an increase of $.17 for condominiums. In further discussions with him it was reduced to $.25 per a single family and $.16 for condominiums. In addition, where there was a contract with them for removal of large items semi-annually by placing containers at strategic locations in the City, the contract has been changed whereby large items can now be placed curb -side on the second pick-up day of each week. C/M Disraelly said the arrangements worked out with EFT are most satis- factory as far as the City is concerned. Tamarac will have the lowest rate of any city in the area because in Lauderhill the price is going up $.67 to each resident, in Lauderdale Lakes the price is going up $.56 to each resident, in Cooper City it will be raised $.55, in Sunrise it is going up to $.64. C/M Disraelly said he would ask that on Page 2 of the Amendment under"Residential Trash" where the parenthesis is (c) that this be changed to (e)._ With these comments, C/M Disraelly MOVED the ADOPTION of Temp. Reso. #2226 amending the contract for the payment from $1.89 to $2.05 for condominiums and $4.05 to $4.30 for single family. Most areas are experiencing a 25% increase and Tamarac is having a 7% increase. SECONDED by V/M Massaro. Melanie Reynolds asked if Council has the total contract amount now with BPI as compared to what it was before this raise? V/M Massaro said no, this is itemized cost. C/M Disraelly said the City pays them on the number of units that are involved in the condominium and they are paid based on the number of single families that are involved and as of November 1, 1981 there were 11,661 individual residential units that the City was paying for. These figures are adjusted semi-annually not monthly so that there are additional savings in that respect. The City Manager said the City had planned into the budget the increase that they had been notified the County would be making in the tipping fee. Helen Sobel_ congratulated Council on the price they received. She said she objected, however, to the large items being put at curb- side on the second day of pick-up. She said there are always people who take advantage and there will be a lot of refuse on the streets. She asked if it would not be better to have one designated spot rather than in front of every home. C/M Disraelly said when this collection was done on a semi-annual basis people did not put it in the containers and this was abused. If there is a large item and BPI is called they will send a truck to pick it up. Ms. Sobel said any garbage would detract from the area and she said it would be helpful if there could be another way of doing this. Harold Newman said Ms. Sobe]. has expressed his feelings on this matter and he said there is a problem about the newspaper pick-ups. C/M Disraelly said there has been a problem with the collector of the newspapers and there is a meeting scheduled tomorrow with a new collector and, hopefully, he will begin pickup on Wednesday of next week. A contract will have to be worked out with him and this will be publicized. Attorney Birken said there should be a. Section 3 which would state "This upon adoption with rates effective as of the Motion and the Second agreed. VOTE: ALL VOTED added to the Motion and Seconded to add Resolution shall become effective of January 1, 1982". Both the maker AYE - 13 - 3/24/82 /pm 14. Bike Path Construction - Temp. Reso. #2140 - Discussion and pos- sible action to approve an agreement with Florida Department of Transportation for a bike path on the west side of University Drive from NW 57 Street to Southgate Boulevard (tabled from 2/10/82). SYNOPSIS to future to return from DOT OF ACTION: TABLED date and City Manager with pertinent information including drawings. Attorney Birken read the Resolution by title. V/M Massaro said this bike path should be built in an area that when University Drive is fully developed it will not be torn up. She said she is not sure if they have all of the rights -of -way for this because it is anticipated that University Drive will be six lanes with a median with service road on both sides which will take up 200 feet. V/M Massaro said, according to the City Manager's memo, the DOT would commit in writing that no portion of the city's money would be utilized for the engineering and design work which is going to come first. V/M Massaro said when they put in University Drive areas of it had to be rebuilt completely. There were other areas where intersections were completely flooded. She said it is foolish to use $50,000 of the City's money to build unless the DOT can assure the City just what they will be doing there. C/M Disraelly asked the City Planner if the bike path would be separate from the sidewalk that is presently located on the west side of University. Richard Rubin said he would encourage it to be separate for two reasons: first, the bike path is required to be 8' wide and the sidewalk is only 5' wide. Second, he gave a drawing to the City Manager which is a reproduction of the County's Broward area transportation map study which shows the cross-section of all the roadways. Based on this he would suggest they identify the location of the bike path but there is still a matter of an engineering function to see if this will work. Mayor Falck suggested tabling the matter until the information is avail- able to Council. V/M Massaro said the City Manager has indicated that they are willing to put in writing certain things,that the City would not be responsible for any of the money that they would be using for engineering. C/M Kravitz MOVED that this item be TABLED to a future date. V/M Massaro included in the Motion that the City Manager should come back with some pertinent information in writing from the DOT including the drawings. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE Harold Newman said he does not find a bike path on University Drive would serve a useful purpose. He said there should be bike paths in each community to get over to the bike path on University Drive. He recommended other areas of the city be considered for a bike path other than University Drive. C/M Krantz asked Mr. Newman about 88th Avenue. Mr. Newman said eventually that will be six lanes also but it would be safer and within the community ranges rather than University Drive. Mayor Falck said on State Road 84 there is a bike path and this is used ape by people from all areas. 4 15. Broward County League of Cities - Discussion and possible action on selection of City voting delegate and alternate to the League for 1982/1983. SYNOPSIS OF ACTION: C/M Disraelly named as voting delegate, C/M Kravitz named as alternate. 14 - 3/24/82 /pm Mayor Falck said there is a very strong possibility that he will be President of the League of Cities next year and if this is correct it will be his suggestion that C/M Disraelly be named the Voting Delegate with C/M Kravitz as the Alternate. V/M Massaro so MOVED, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 17. Vehicles for Engineering and T.U. West - Discussion and possible action to purchase four (4) economy pick-ups for T.U. West and one (1) economy pick-up for Engineering Department via State Contract. SYNOPSIS OF ACTION: (See Page 29) Attorney Birken said a Resolution is not needed for this. The City Manager referred Council to the State Contract Specification No. 22 which describes the economy pick-up unit that was requisitioned by the State and which the City Engineer has agreed would be suitable for the City's needs. The City Manager said she is referring to a memo from the City Engineer of December 30 to which was attached a memo from Robert Woelke. C/M Disraelly said he has a memo dated March 12 referring to a purchase requisition of 11/24 and on that the City Engineer is requesting four(4) economy pick-ups at $5,845 plus rust -proofing at $22, plus rear-view mirrors at $17. The City Engineer is also requesting one (1) pick-up truck at the same price for the engineering personnel. C/M Disraelly MOVED that four (4) vehicles be purchased for TUW operations with funds to come from R & R and one (1) for the City Engineer with funds to come from Federal Revenue. Sharing. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE V/M Massaro questioned whether Williams, Hatfield & Stoner's letters coincide with this because from the .letter from them it appeared they were only authorizing three (3) economy pick-up trucks and one (1) other economy pick-up truck in a separate letter. It appears they are talking about five (5). The City Manager said there was a misunderstanding between the office of Williams, Hatfield & Stoner and the City Engineer. She said on December 4th the City received a letter authorizing three (3) economy pick-ups be purchased from R & R. The City Manager said they are buying four (4) but one was budgeted from General Reserve. V/M Massaro pointed out that the Motion would be incorrect then. V/M Massaro MOVED that the item relating to purchasing vehicles for Engineering and TUW be reconsidered. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE V/M Massaro MOVED that this item be TABLED so that the City Manager can get the facts together in view of the fact that she did not have a per- tinent letter. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE - 15 - 3/24/82 /pm 19. Atlantic Boulevard Extension Project - Discussion and possible action. SYNOPSIS OF ACTION: City Attorney said no action was necessary. Mayor Faick was given full authority to reconfirm the Resolution and express the City's feelings. Attorney Birken said this is in Litigation now. He said the City may want to express support but does not have to become physically involved. Mayor Falck said he would like to have Council's concurrence that they do indicate through the Mayor's office that the City is sympathetic to what they are doing; Atlantic Boulevard will be of great help to the people who live in the western parts of the City. There was a Resolution adopted about 2-1/2 years ago in favor of this extension. V/M Massaro MOVED to reconfirm that Resolution and give Mayor Falck full authority to express the Council's feelings. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE MEETING WAS RECESSED TO 1:30 P.M. FOR LUNCH. MEETING WAS CALLED TO ORDER,AT 1:30 P.M., ROLL CALL TAKEN, AND ALL PRESENT. 43. Commercial Plaza - Surety Bond - Temp. Reso. #2230 - Discussion and possible action to call this bond which was posted to provide a positive drainage system. SYNOPSIS OF ACTION: No action was needed. The City Attorney will write a letter to the bonding company. Larry Keating said Bob Foy was to call the bonding companies for the several bonds that are on the Agenda to be called to see whether there was any updated information and the situation is still the same as was indicated in the March 23rd memo. Mr. Keating said this is somewhat confusing because our bond says that the bond expires and yet the girl at the bonding company says that as far as she is concerned it does not. The City Engineer said the only thing the City can do is interpret what is in the document itself. C/M Disraelly said there is a memo that says Travelers Indemnity had not been requested to but their interpretation is that in any event Traveler's was required to give the City 30 days cancellation notice which to date has not been sent. Attorney Birken said that based upon'the memo and the fact that Travelers has been contacted and that the City is relying upon the representations of their representative, Mrs. Earp, he would suggest that Council not take action. If, in fact, the City is contacted by Travelers prior to April 1 then there may be a need for an emergency meeting to resolve this. The City Engineer's office should follow this up. V/M Massaro said the bond should be extended or it should be called. Attorney Birken said he believes the City has confirmed this by contacting them by memo and asking them to advise us if our interpretation is correct. Attorney Birken said no other action is needed but Council is free to call the bond; he said he does not believe a formal renewal is needed. This is what Travelers is telling the City, that the bond is automatically renewed until it is cancelled. Attorney Birken said Mrs. Earp told Mr. Foy that it was not necessary - 16 - 3/24/82 /pm for the insurance company to do anything else because the bond would automatically continue in full force and effect until such time as we were given 30 days notice of cancellation. The bond is not expiring. This memorandum is confirming and has been sent by certified mail. V/M Massaro said it just seems like an important thing like a bond renewal should not be handled like this. There should have been a formal letter to them. Attorney Birken said he would be happy to write a letter. 44. Woodmont Tract 49 - Warranty Bond - Tem Reso. #2231 - Discussion and possible action to call this bond which was posted to guarantee public improvements. SYNOPSIS OF ACTION: No action was needed; the bond has been renewed. Attorney Birken has been advised by the City Engineer's office that the bond has been renewed and no action is necessary. 49. Paving of City Hall Parking Lot - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. APPROVED use of asphalt in lieu of liquid asphalt. (See Page 4). The City Manager said she sent Council a memo this morning asking for this item to be Agendized since they have the opportunity of "use without charge" of an asphalt spreader beginning tomorrow. Ralph Thissen has calculated the total amount required to complete the parking lot would be $6,830. She said they would like Council's favorable expression for completion of that parking lot using asphalt paving rather than just liquid asphalt. The monies would come out of City Hall Refurbishing Account and had been set aside previously for this purpose. C/M Disraelly MOVED that especially because the City can use this asphalt spreader which will save the City several hundred dollars, APPROVAL of the expenditure of $6,830 for two hundred tons of asphalt, parking bumper blocks, curbing, the installation of the additional sidewalk that is required. The parking lanes will also be marked. C/M Disraelly said he is especially glad to see that the City Manager is, emphasizing that the Police Department personal vehicles be stacked in that third area parking lot. SECONDED by V/M Massaro. VOTE: ALL VOTED AYE 27. Emergency Ordinance - Purchasi q Procedures - Temp, Ord. #972 - Discussion and possible action to amend Chapter 9 of the Code in order for purchasing procedures to be consistent with amendment to Charter. First and Second Readings. SYNOPSIS OF ACTION: APPROVED on first and second readings. ORDINANCE NO. O g4;? :-Zr PASSED. Attorney Birken read the Ordinance by title and said this emergency ordinance is because there are provisions within the City Purchasing regulations that are not consistent with language in the Charter which was adopted at the last Council meeting and was approved by the voters in the City by a very large margin. Mr. Birken said the procedure that was used in the past was to take action on first reading and then read it by title on second reading and hold the public hearing and then, if it is enacted, for the City Clerk to publish the Ordinance in its entirety. V/M Massaro MOVED to ADOPT Temp. Ord. #972 on first reading, SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE `" 17 - 3/24/82 /Pm Attorney Birken read the Ordinance by title and Mayor Falck opened and closed the public hearing. C/M Disraelly MOVED the ADOPTION of Temp. Ord. #972 on second and final reading. V/M Massaro said she,would SECOND the Motion on the basis that the City Attorney has declared this an emergency. VOTE: ALL VOTED AYE 26. Development Regulations - Temp. Ord. #965 - Discussion and pos- sible action to amend Chapter 7 of the Code pertaining to time limits for pulling Engineering permits and by modifying review procedures for revised site plans for improvements completed prior to annexation and prior to August 11, 1972. First Reading. SYNOPSIS OF ACTION: APPROVED on first reading with changes. Attorney Birken read the Ordinance by title and said this Ordinance does two things. First, it eliminates a possible loop -hole in the existing regulations wherein a developer could merely pull a clearing and grubbing permit and claim that the site plan is entitled to be alive indefinitely and that he would not have to worry about the one year requirement. Secondly, there is a change spelling out what to do with projects -that have been completed and built before the property was annexed into the City; essentially, they have to provide a revised site plan rather than going through the entire site plan process. Attorney Birken said that staff feels this Ordinance is important and would recommend approval today and the second reading would be in two weeks. C/M Disraelly said on Page 2, Line 14 the letter "o" was omitted in the printing and should be added. V/M Massaro said on Page 3, Line 16 after the word "drawing", the Planning Commission had indicated the words "properly sealed and signed" should be inserted there. C/M Disraelly said with these two changes he would MOVE the ADOPTION of Temp. Ord. #965, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 16. Health Insurance - Temp. Reso.,#2236 - Discussion and possible action. SYNOPSIS OF ACTION: APPROVED an amendment to agreement with Florida Municipal Health Trust Fund regarding renewal rates to be in effect a minimum period of six (6) months from 4/1/82. RESOLUTION NO. R-Va-9' PASSED Judy Deutsch, Insurance -Risk Manager said that beginning with our present carrier, Florida Municipal Health Trust, the City has been given a 20% increase effective April 1, which is the anniversary date of the policy. She said they do not like to see increases but based upon the market and what they have heard about health insurance costs soaring, etc. this is an increase that they can and will have to live with, it is based primarily on inflation. She said unless there are any comments she feels they could not do better. Mayor Falck said the only comment he would make in looking over the loss figures on it he feels the City is very fortunate to get by with 20%. Ms. Deutsch said that basically our contract provided that they give the City renewal figures 90 days prior to renewal so they were handicapped in having to adhere to our specifications. If they had a true year's experience it would have been a lot more than 20%. C/M Disraelly asked what effect this will have on the City's union contracts. Ms. Deutsch said none at all, the City is committed to paying $41.79 of dependent coverage so the increase would not affect the City's contribution. The only exception is the IAFF Contract and they have a fixed dollar amount that they pay towards their dependent coverage. This will go up for the City but would have no effect on the contracts. - 18 - 3/24/82 /pm C/M Disraelly asked if the coverage would go up for the employees and Judy Deutsch answered that it will but it will have no effect on the contract. She said it will affect the City too, it is 20% across the board. C/M Disraelly said under dependent coverage, won't they pay any increases over a fixed dollar amount? The City Manager said not the IAFF. The others pay over and above the $41.79 figure. Mayor Falck said the City Attorney has raised a question on the Resolution concerning the number of months. Judy Deutsch said they had hoped to hold it longer than five to six months but they would not have accurate projections until then. She said about three years ago it was decided that the City would pay $41.79., At that time that -was what the dependent coverage was less a few dollars. Any increases since that time have been absorbed by the employees involved, but not the IAFF. V/M Massaro asked how much they are paying now and Judy Deutsch said she does not have the figures in front of her. Ms. Deutsch said they pay $8.36 per month which breaks down to $3.86 a pay period, towards their dependent coverage. Mayor Falck said what V/M Massaro is getting at is what will be the total effect on the City's contribution to the dependent coverage as a result of the proposed increase. Judy Deutsch asked Council if they have the new rates before them and they said they did. She said of the $76.70 the City will be paying $41.79 for dependent coverage, except for IAFF, Of that $76.70 the IAFF members will pay $8.36 and the City pays the balance. The City Manager asked, in round figures, how many individuals are they talking about. Judy Deutsch said thirty or less out of a complement of perhaps three hundred personnel. The IAFF is definitely under forty people. C/M Disraelly said the question both he and V/M Massaro are asking is: The City pays the $41.79. If dependent coverage Goes up to $80.00. the. City still pays $41.79 and the employees pay the difference. Regardless of what figure it might go up to, the maximum cost other than IAFF, is $41.79. There is no net cost for dependent coverage. There is a net cost for the employee but not the dependent coverage. Mayor Falck suggested on the question that was raised by the City Attorney that the period of time of six months be inserted. The City Attorney said it might be better to say, "the rates shall remain in effect until the City is given 90 days written notice from the carrier". Judy Deutsch said she thinks this may present a problem. At the time, the City had a choice of taking the 20% that they felt they could live with or if they had to make a commitment for the year they were going to go as high as the excess of fifty. The City Attorney said he is not talking about the year. He is talking about until they give the City three months written notice. Judy Deutsch said but then you are taking three months experience away from them so of course, they are going to raise it to cover themselves. If they are given the three months they can have a true experience. Mayor Falck said he would still suggest they use a six month period in there. Judy Deutsch said she would not ask for 90 days written notice. Attorney Birken read the Resolution by title. Mayor Falck said Section 2 then would read. "these rates shall remain in effect for a minimum of six months". Judy Deutsch pointed out that they are going back a few weeks so that it may be five months, they met with her about a month ago. She said at that time they said in six months. V/M Massaro MOVED the ADOPTION of Temp. Reso.#2226 as amended, SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE 19 - 3/24/82 /pm PUBLIC HEARINGS 20. Platting Procedures and Requirements - Temp. Ord. #925 - Dis- cussion and possible action to amend Chapter 20 of the Code by revising platting requirements. Second Reading. SYNOPSIS OF ACTION: TABLED with no date. ape Attorney Birken read the Ordinance by title. Mayor Falck opened and closed the Public Hearing after no response. V/M Massaro said she has not had an opportunity to study this and she asked to table this. C/M Disraelly said on Page 7, Section 20-10 on Line 15, "Preliminary plats for all proposed subdivisions of land lying within the City shall be filed with the Department of Community Development for review by staff" should be added "with a properly completed and signed application form together with appropriate fees". C/M Disraelly said on Page 8 delete Lines 28 and 29 because they are in the improper location.;. Richard Rubin said the fees are paid before they submit the preliminary site plan or plat. C/M Disraelly asked if there are any additional fees with the final site plan and the City Planner said it is just a one-time fee. C/M Disraelly said on Line 27 "Appropriate Fees" should be stricken. He said what he is suggesting is that if fees are going to be put in they should not be part of the plat. Richard Rubin said the way this is worded now if the words "if applicable" are added it covers this. Council agreed with this. V/M Massaro MOVED that this item be TABLED with no date, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 21. Applications for Reserve Units - Tem . Ord. #956 - Discussion and possible action to amend Ordinance 81-18 regarding procedures for reviewing applications for reserve units. Second Reading. SYNOPSIS OF ACTION: APPROVED on second and final reading. Attorney Birken read the closed the Public Hearing merely clarifies that the and he MOVED the APPROVAL SECONDED by V/M Massaro. VOTE: ORDINANCE NO. 0--94;Z-/ ? PASSED. Ordinance by title and Mayor Falck opened and after no response. C/M Disraelly said this City has several methods in which to operate of Temp. Ord. #956 on second and final reading. ALL VOTED AYE 22. Business Uses - Temp. Ord. #963 - Discussion and possible action to amend Section 28-171 of the Code to permit the sale of bottled gas in B-1 and B-2 zoning districts. Second Reading. SYNOPSIS OF ACTION: APPROVED ORDINANCE NO. O-- �,� o PASSED. on second and final reading. Attorney Birken read the Ordinance by title. Mayor Falck opened and closed the Public Hearing. V/M Massaro MOVED the ADOPTION of Temp. Ord. #963 on second and final reading. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE - 20 - 3/24/82 /pm 23. Bay Colony Property Company_, Inc. - Rezoning Petition #2-Z-82 - Temp. Ord. #971 - Discussion and possible action to rezone the recreation parcel at Lake Colony, also known as Brookwood Gardens, and located at approximately 7100 Brookwood Boulevard, from R-4A (Planned Apartments) to S-1 (Open Space/Recreation). First Reading. a) Acceptance of Affidavit of Publication, Affidavit of Posting and Affidavit of Mailing. b) Consideration of application. SYNOPSIS OF ACTION: a) ACCEPTED Affidavits of Publication, Posting and Mailing, b) APPROVED Tem . Ord. #971 on first reading. a) Attorney Birken read the Ordinance by title. V/M Massaro MOVED the ACCEPTANCE of the Affidavits of Publication, Posting and Mailing, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE Mayor Falck opened and closed the public hearing after no response. b) C/M Disraelly MOVED the ADOPTION of Petition #2-Z-82, Temp. Ord. #971 on first reading. SECONDED by V/M Massaro. VOTE: ALL VOTED AYE 45. Drainage Improvements in the Cit - Approval to include Mainlands Section 7 in areas to be considered - Discussion and possible action. SYNOPSIS OF ACTION: City Engineer was authorized to survey the area of Mainlands 7 as to possible augmentation to the drainage in order to improve the situation. The City Clerk was authorized to request the City Manager to give a report to Council. V/M Massaro said some time ago she asked for Section 7 Drainage to be augmented because of the flooding that takes place there. C/M Disraelly MOVED that the City Engineer be authorized to survey the area of Mainlands Section 7 as to the possible augmentation of the drainage in order to improve the situation there and present his report to Council. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE Mayor Falck said the only other area of drainage that he would like to comment on would be the Sunflower/Heathgate area. He said they would be scheduling a meeting with the interested individuals who represent that section and their attorney within the next couple of weeks and he will keep Council informed. V/M Massaro said that yesterday there was a call from Concrete Unlimited and they claim that since Commercial Blvd. has been made into 6 lanes they have water that is coming from Commercial Blvd. onto their property. They have not taken care of the drainage situation properly and she asked the City Manager to have someone from the Engineering Department go imrleaiately to appraise the problem so that the prcper complaint can be issued to the County. This should be looked into by the City Manager. Mayor Ealck asked the City Clerk to make sure that this information is transmitted to the City Manager and to request a report be given to Council. - 21 - 3/24/82 /pm 24. Limited Agricultural (A-1)Zoning District - Temp. Ord. #885 - Discussion and possible action to amend Section 28-171.2 of the Code to permit distributor transformer stations and setting forth conditions for such use within this district. Second Reading. (tabled from 7/22/81) SYNOPSIS OF ACTION: TABLED until FP & L brings in information that they agreed to bring in previously. C/M Disraelly read the Ordinance by title. V/M Massaro said she is not in favor of this Ordinance. The City is confronted with a substation that would be 40 feet high and is certainly not attractive. She said she showed pictures to Council at the last meeting and this leaves much to be desired. She said she would not be in favor of any ordinance that would give them cart blanche to put a substation in any area that was zoned a certain way. She said if it were in a residential area it would be even more objectionable than a commercial or industrial section. She said, if they want to use the site,on Southgate Boulevard, she is strongly suggesting that they use the ornamental brick to enclose it and then.put some landscaping around that. This has been done in other areas and it does cover a multitude of sins. V/M Massaro said the areas south and west of this are beautiful and well maintained and she does not think the amount of money they are talking about would compensate for destroying this beautiful area. She said Mr. Easterling said there might be another type of enclosure that might be acceptable but he has not submitted this. C/M Disraelly said it was his impression that it was written in at the first reading and if not, he would recommend that it would say,"(i) Electrical Utility Substation for direct service to customers shall have an ornamental cinderblock enclosure at least 7' high". This would assure that it would not be a chain link fence and would not be visible from the street. C/M Disraelly asked the Assistant City Clerk to check to see if that change had been made. C/M Disraelly said the power stations in various other areas of the surrounding cities are an eye sore. He said he asked Mr. Easterling some questions about who is going to be serviced by this utility station and he has not as yet informed him. He said if this is going to service Coral Springs then it should be in Coral Springs. He said if Mr. Easterling can prove to Council that this will service just those people there then they will have to consider how they will make them conform to the City Ordinances. He said, as he interprets this they cannot put this in until they come to certain agreements with the City Council as to what conditions are required as to beautification of trees, hedges, setbacks, etc.. Mr. Easterling said it would cost a lot of money that would be spread over the cost of the utility system. V/M Massaro said she hopes that C/M Disraelly will reconsider the minimum height because she would like to see that stricken from the Ordinance because with a 40 foot substation they should have a minimum of 20 foot height for the ornamental brick. She suggested that this item be TABLED once more until they come in with the information that Council requires. Milton Mard, President of the Woodmont Property Owners Association said if there is a need for electrical service in Tamarac there must be an alternative area that can be used. He said the Woodmont Property Owners Association and its members are totally opposed to this. Miles Tralins, with the law firm of Tralins and Potas4 said he represents the central title holder of the property directly next door to this Tract 46, which is owned by Leadership Housing. .He said there is a Motion on the floor considering tabling this matter and he would like to address the methodology that is being utilized to accommodate FP & L from a legal standpoint. The Limited Agricultural District Ordinance provides for - 22 - 3/24/82 /pm application of the A-1 zoning classification to property which is primarily agricultural. Mr. Tralins said just from a practical stand- point everyone would be hard-pressed to view this property on Southgate Boulevard as being used for primarily agricultural purposes. Secondly, the code of ordinances does provide for a place to locate utility sub- stations and it does provide for appropriate zoning. The zoning class- ification falls under the business use. Mr. Tralins said what he respectfully suggests to the Council is that if FP & L wants to utilize this site which is zoned A-1 for purposes of a substation that they come in, file a petition for rezoning, have public notice for all the property owners to be heard and let the Council de- termine whether or not the property should be zoned to accommodate the use. Mr. Tralins said one of the problems is the people who relied on the master plan and the zoning ordinances of the City in deciding whether to reside here did not know FP & L wanted to put up a substation there. Mr. Tralins said, as a representative of the owner of the property, there is no question that historically there was an intention to use both Leadership's property and the FP & L property for utility use. He said if FP & L is allowed to develop this the property next door is virtually rendered unsaleable. Mr. Tralins asked that Council Table the matter and require FP & L to come back with a rezoning application. V/M Massaro said she would like to state that she had asked Mr. Easterling to bring back the information, which C/M Disraelly also requested, as to what other areas are going to be serviced by this substation and what area of Tamarac. She said if the greatest percentage is to service someone other than Tamarac that they sell this land. Mr. Flank, the contractor on the adjacent property to FP & L,said he has tried to purchase the property from FP & L. He said he is opposed to FP & L going there but if they must go there they can build an adequate ape building to house this. He suggested that he purchase this adjacent 6 property. Mayor Falck asked C/M Disraelly to withdraw his SECOND and he did. Mr. Easterling, representative of FP & L said he had a few questions with the 40 foot height since the wires may come across the road at 40 feet and the structures within the confines of the site itself, other than the:rstructure to hold the wires, are around 20 feet. Mr. Easterling said he was sorry for not getting back to C/M Disraelly and V/M Massaro but he just found out that morning that the exact areas being served will be from approximately Riverside Drive west of Pine Island south to about McNab Road. Certain areas will go down to Commer- cial Boulevard. The north portion of Woodmont from Pine Island over to University would be served from there also. C/M Disraelly asked Mr. Easterling to give him this report comparing the number of units that are going to be serviced from McNab to Southgate and the Woodmont Tract compared to what is going to be serviced from Southgate north up to that other area. Mr. Easterling said he would do this. V/M Massaro said there will be more questions when Mr. Easterling meets individually with Council members. She suggested he give some thought to putting this somewhere else. Mr. Easterling said FP & L purchased this land in 1970 and the Land Use Plan shows this as a utility site. MOTION to TABLE was SECONDED by C/M Disraelly. C/M Kravitz said the people of Woodmont see that Council does understand their problem and he feels it is not necessary to come down again but Council will fight for their benefit. C/M Disraelly and V/M Massaro said they should come back every time it appears on the agenda. VOTE: ALL VOTED AYE - 23 - 3/24/82 /pm 28. Shell Oil Company - Land Use Amendment Petition #1-RU-81 - Temp. Ord. #930 - Discussion and possible action on a request to amend the Land Use Element of the Tamarac Comprehensive Plan, in order to increase the density from 100 units to a maximum of 200 units, by transferring 100 existing reserve units allocated to Flexibility Zone 60 and changing the land use from Low Density (0-5 dwelling untis per acre) Residential. The subject lands are described as Parcel A of Mainlands 15, and are bounded on the east by the eastern boundary of the City, on the west and south by Vanguard Village Section 15. The north property line lies approx- imately 270-feet south of McNab Road. First Reading. (tabled from 3/10/82). SYNOPSIS OF ACTION: APPROVED on first reading. On Page 3, Line 14, date is 12/31/82 , Attorney Birken read the Ordinance by title and said there is a blank on Page 3, Line 14. Itsays "if said certification does not occur by 1982, this Ordinance shall be null and void". Mr. Birken suggested and Mr. Bryan concurred with a date of December 31. V/M Massaro MOVED the ADOPTION of the Land Use Element Petition 01-RU-81, Temp. Ord. #930. On Page 3,Line 14,insert the date of December 31, 1982. SECONDED by C/M Disraelly. VOTE: 28 a). Reserve action. SYNOPSIS OF ACTION: ALL VOTED AYE Unit Agreement and Amendment - Discussion and possible Agendized by Consent on Page 1. APPROVED. Check was presented by Julian Bryan for $100,000 and will be held in escrow until the plan is recertified by the Broward County Planning Council. C/M Disraelly said for the benefit of the people present that the Reserve Unit Agreement says that Shell shall tender tcr`the City the sum of $100,000 as payment for the Reserve Units and it shall be at the time of the affirmative vote and will be held in escrow. It says that for the property that is under consideration, the City shall also receive $500 per unit for the first 100 units at the time prior to final inspection for each of those 100 units. It also said, at the time of site plan approval,that for drainage retention purposes, 3.14 acres will be dedicated to the city and this has been amended to say that prior to the final inspection of any unit on that property that is built that this 3.14 acres will have been dug up, thus tying this in from the lake to the canal on the west. C/M Disraelly said this further says that the Australian Pines growing on and near the property shall within the 45 days of passing this Ord- inance, which would be 45 days from April 14, they will remove all Australian Pines, reseed all the property on which the Pines stand, replace the sod and all areas damaged by result of removal of the pines, repair any lawn sprinklers damaged by removal subject to Shell giving them easements to go onto the property to remove them. C/M Disraelly said it also says that there of sixteen living on that property when it easement along all the waterways including for tnem to maintain. This agreement has and is awaiting Council's approval. - 24 - will be no one under the age is built and there will be 20' Vanguard's side of the property already been signed by Shell 3/24/82 /pm V/M Massaro MOVED the APPROVAL of the Reserve Unit Agreement together with the amendment to the Reserve Unit Agreement, SECONDED by C/M Krantz. Julian Bryan presented Council with a check from Shell Oil Co. for $100,000. This check will be in escrow until the plan is recertified by the Planning Commission. VOTE: ALL VOTED AYE 29. H.L.R., Inc. - Rezoning Petition #47-Z--80 - Discussion and pos- sible action to rezone lands located south of McNab Road at NW 70 Avenue from R-lB to RM-10, by Temp._Ord. #834. Second Reading. (tabled from 3/10/82). SYNOPSIS OF ACTION: APPROVED as amended. ORDINANCE NO. 0 &`o?--o?L-PASSED. Attorney Birken read the Ordinance by title and said Section 5 of this Ordinance should be changed to provide that"this Ordinance shall become effective immediately upon Temp. Ord. #930 becoming effective". C/M Disraelly so MOVED, SECONDED by V/M Massaro. Morris Landman asked what the effect would be on the tax structure of increasing the density of this property; what is the per capita cost if the City provides services here. V/M Massaro said this would decrease costs in the city because there will be more units on the same amount of space. VOTE: ALL VOTED AYE 30. H.L.R.,Inc. - Rezoning Petition #48-Z-y80 - Discussion and pos- sible action to rezone lands located south of McNab Road at NW 70 Avenue from R-1B to RM-10, by Temp. Ord. #835. Second Reading. (tabled from 3/10/82). SYNOPSIS OF ACTION: APPROVED on second reading as amended. ORDINANCE NO. O _ PASSED. Attorney Birken read the Ordinance by title and said Section 5 of this Ordinance should be changed to provide that "this Ordinance shall become effective immediately upon Temp. Ord. 4930 becoming effective". V/M Massaro MOVED the ADOPTION of Tepip._Ord. 4835 as amended, SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE 31. Woodmont Tracts 74 and 75 - Revised Site Plan - Temp. Reso.#2196 - Discussion and possible action on a revised site plan pertaining to building modification. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R -Fo2-g?' PASSED. subject to the items on the Development Review Status Sheet. If they change the islands in any way they must review plans with the City Engineer. Attorney Birken read the Resolution by title. V/M Massaro asked Julian Bryan if he relocate these islands they are subject to review with the City Engineer to make sure it has not affected the drainage in any way. C/M Disraelly said it is also subject to final approval by the Fire Chief where they requested a fire hydrant be moved. Julian Bryan said this has been done. - 25 - 3/24/82 /pTn C/M Disraelly MOVED the ADOPTION of Temp. Reso. #2196 subject to the items on the Development Review Status Sheets and there are no other fees due based on this revised site plan, other than the revised site plan fee. Mr. Bryan said this has been paid. V/M Massaro asked to include in the MOTION that if they change the islands in any way that they would review the plans with the City Engineer as far as the effect that it might have on the drainage. SECONDED by V/M Massaro. VOTE: ALL VOTED AYE 32. Concord Village I - Performance Bond - Temp. Reso. #2232 - Discussion and possible action to call this bond which was posted for public improvements. SYNOPSIS OF ACTION: If the bond is not renewed by 3/31/82 the City Council would have Special Meeting to call. the bond. Attorney Birken read the Resolution by title. Julian Bryan said he does not know why this is on the agenda. Attorney Birken said that Victor de Sousa has indicated that the bond will be renewed but he has been in touch with the bonding company and they did not know anything about it. Mr. Keating said there are not too many items to be corrected but nevertheless there must be certified final costs and the as -built drawings. V/M Massaro said if this bond is not renewed by March 31, 1982 then the bond will be called. Attorney Birken said it would be acceptable if the bank calls him and says it has been renewed,: Julian Bryan said it may be more appropriate to provide a substitute cash bond; this is a performance bond for $94,000. V/M Massaro MOVED that if the bond has not been renewed by March 31, 1982 that Council have a special meeting and the bond be called, SECONDED by C/M Disraelly. V/M Massaro said a special meeting is not needed, if this is not renewed by March 31 then the bond will be called. VOTE: ALL VOTED AYE 33. Springlake I - Bond Release - Temp. Reso. #2233 - Discussion and possible action to release a warranty bond posted to guarantee public improvements. SYNOPSIS OF ACTION: APPROVED Temp. Reso. #2233 releasing a warranty bond in the amount of $87,745.00. RESOLUTION NO. R-- �c,2 -- V-/ PASSED. Attorney Birken read the Resolution by title. V/M Massaro MOVED that Temp. Reso. #2233 be APPROVED which releases the maintenance warranty bond in the amount of $87,745.00. SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE 34. Woodmont Tract 71 - Discussion and possible action to reaffirm September 10, 1980 approval of 3-foot sidewalks for this project. SYNOPSIS OF ACTION: J. Bryan will take care of the arrears of Water & Sewer Developer's Agreement in the amount of $3,547.68. Council reaffirmed the fact that they had APPROVED a 3-foot wide concrete sidewalk for this 945 lineal feet. This is subject to them paying the permit fee of $318.94 no later than tomorrow and that they be allowed to exclude the sidewalk for the time being until the 3 homes are built on Lots 34,35 and 36. When the homes are built the sidewalks will be installed but for the present, a cash hon_o_ be posted in the same amount of Sl.Sn Per sauarp foot. - 26 - 3/24/82 /pm V/M Massaro said it is her understanding that this project is six months in arrears on interest payments for $3,547.68. There is a cash bond that the City authorized the release of in the amount of $2,000.00 and the Vice Mayor suggested that that money be authorized to be used against this and that someone come in and discuss the balance of the money. Julian Bryan assured Council that this has been nothing more than an oversight. This is the first project that they have been involved with as land developers and builders and Julian Bryan said he will take care of the arrears. V/M Massaro said in this particular case there is a chain of circum- stances where the Council had approved the 3-foot wide concrete side- walk at the entrance. This action was taken on the loth of September, 1980. Usually fronting sidewalks are 5` wide but this is an entrance and is not really on the main street and there is not enough area there to warrant the wide sidewalks and it might be a hazard rather than a benefit. The Engineering Department checked the plan and the plan showed 5'. Later, the Engineering Department and the contractor decided between themselves that they would make this sidewalk 4'. V/M Massaro said when the developer of the project realized what was going on he held up everything. This prior approval for 3-foot side- walks should come back to set everyone straight. In addition, when this was being checked, V/M Mas-saro checked a cost estimate and she found it had never been included at all on the cost estimate. There- fore, there is an additional fee of $318.94 due on this. Julian Bryan said about 210 feet of sidewalk were installed and per- mitted with the model sales center and fees paid for that but since this was less than $100, they will come in and pay the total fee again. Julian Bryan said he would like to ask Council's consideration because probably within the next two meetings they will be coming in to sub- stitute a warranty bond for the subdivision improvement bond because all the site improvements are in and there is a final punch list from Engineering. Mr. Bryan said they have a serious problem with finishing the sidewalks in front of these three lots because the houses have not been built yet and they would be destroyed if put in now. He proposed that they complete the sidewalk up to those three lots. V/M Massaro MOVED that by the action taken by Council would be reaffirming the fact that they have approved a three-foot wide concrete sidewalk for this 945 lineal feet. She further moved that this was subject to them paying the permit fee of $318.94 no later than tomorrow and that they be allowed to exclude the sidewalk for the time being until the three homes are built on Lots 34, 35 and 36. When the homes are built the sidewalks will be installed but for the present a cash bond be posted at the same amount of $1.50 per square foot. SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE 40. Woodview Tract 38 - Model Sales Facility - Discussion and pos- sible action to renew a model sales permit for this project. SYNOPSIS OF ACTION: TABLED to the next regular meeting. City Attorney was authorized to write a letter advising the developer he is to pay fees based on entire number of units shown on the site plan. (See Pages 28 & 30). C/M Disraelly said one of the things that Mr. Grossman wanted to discuss was the fee schedule because this is a phased project. He has sold only one unit in the last several months and his first phase is for fifty units, the total is for 103 units. - 27 - 3/24/82 /pm C/M Disraelly said on Mr. Grossman's temporary sales permit he was wondering if he could pay for the first phase versus the entire amount. The difference is the one is $150 every six months, the other is $300 every six months. C/M Disraelly said he further discussed this with the City Attorney after he made that indication and it would mean that the City would be jeopardizing things because it would make major differences if they went into a phasing. C/M Tape Disraelly said he believes that this is what Mr. Grossman wanted to 7 discuss. C/M Disraelly said he believes that there has been an oversight on the part of the City Clerk's office or the Finance office in that he has not paid his model sales fees for the last two renewals. C/M Disraelly said he has evidence that he paid in January, 1980 and it was renewed in June, 1980 and it was not paid since then. On that basis he would then owe for January,,,1981, June, 1981 and January, 1982 in order to be up-to-date. He would owe $900 for the past experience. C/M Disraelly said he must be advised that he must pay his fees up-to- date because his model sales would have. -expired as of:January 25, 1980. Attorney Birken suggested that he be advised formally and have Council Table to the next regular meeting. C/M Disraelly MOVED to TABLE this item until the next regular meeting. The City Attorney was authorized to write a letter advising the developer that he is to pay fees based on the entire number of units shown on the site plan. SECONDED by V/M Massaro. VOTE: 46. ALL VOTED AYE City Council Reports C/M Kravitz said that he has proposed an ordinance that would set one standard for all committees, etc. Mayor Falck asked the City Clerk to submit this item for discussion for the second meeting in April. C/M Krantz - No report, C/M Dis welly said he was concerned about the parking lot lights r at Tamarac .Plaza. - The Chief Building Official sent a letter to Mr. Fatizzi con- cerning lighting standards stating that if positive action were not taken by March 10, such as pulling an electrical permit, it would be turned over to the City Attorney. - The Deli Warehouse is still a problem with trash conditions and their dumpster and enclosure. He suggested that the City Manager have the Code Enforcement Officer go there and cite them daily. He spoke with Ray Sittig who indicated that he would like to see a combination between the Senate formula between the cities and the County and the House portion concerning the 1� Sales Tax. V/M Massaro said that coming west over Commercial Blvd. there are pot holes and she so advised the City Manager to notify the County. - 81-10 County Ordinance requires that each item be specifically priced. The stores in Tamarac are not doing this. City Attorney Birken said it is applicable in the city when we do not have one of our own. - On the sales of alcoholic beverages the County has an ordinance and the City Attorney has already prepared one for the City. - 28 - 3/24/82 /pm 47. City Manager Report - No report. Laura Stuurmans said she would like to ask Council to readdress an item that is on the table, Item 17, Utility West Vehicles. Larry Keating said the vendor has indicated that there is going to be an April 1 date for purchasing this state contract. V/M Massaro MOVED that the Item be taken off the Table, SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE 17. Vehicles for Engineering and T.U. West - Discussion and possible action to purchase four (4) economy pick-ups for T.U. West and one (1) economy pick-up for Engineering Department via State Contract. SYNOPSIS OF ACTION: City Manager was authorized to purchase four (4) vehicles for TUW operations and funding to come from R & R, one (1) vehicle for TUW Waste Water with funding to come from Utilities West General Reserve, one (1) vehicle for Engineering personnel with funding to come from Federal Revenue Sharing; each at State Contract of $5,845 plus Rustguard Proofing at $22.00 and right rear-view mirror at $17.00 on each vehicle. The City Manager said there was quite a bit of exchange of correspond- ence in preparing this item for the City Council. There are four (4) vehicles for Utility West to be purchased through the Renewal and Replacement Fund. There is an additional vehicle which would be a new vehicle to be purchased for the Water Treatment Department out of capital equipment and reserve fund. This would be a total of five (5) for Tamarac Utilities West. In addition to that, the City Engineer has requested the purchase of an Engineering Department vehicle for dim Gabriel that would be the same type of vehicle and this is to be purchased through the Federal Revenue Sharing. C/M Disraelly said all that will be added to these is Rust -Proofing at $22.00 and the outside rear-view mirror at $17.00 for each vehicle. The City Manager said the rust proofing and rear view mirrors are to be purchased through this vendor because at the same time she spoke with Mr. Keating she asked about the.side units. -Those that currently exist on the trucks will remain on the old trucks because they will not fit an economy pick-up truck. The City Manager said the experience last year was not very satisfac- tory in purchasing the side vents through the vendor of the truckq that were purchased. They feel they could get better service by having it done locally. The dealer that they are buying the cars from is in Lakeland, Florida. C/M Disraelly pointed out that there is authorization from Williams, Hatfield & Stoner for the four vehicles. C/M Disraelly MOVED that the City Manager be authorized to purchase four (4) vehicles for TUW operations the funding to come from R & R, one (1) vehicle for TUW Wastewater funding to come from Utility West General Reserve and one (1) vehicle for -'Engineering Department personnel funding to come from Federal Revenue Sharing each at $5,845 plus rust - guard proofing at $22.00 and right-hand rear-view mirror at $17.00 on each vehicle. SECONDED by V/M Massaro. VOTE: ALL VOTED AYE - 29 - 3/24/82 /pm 48. City Attorney Report - No Report. Mayor Falck said he would like to use some of his Report time to allow a young lady to address Council concerning Item 40, Woodview Tract 38 -.Model Sales Facility. Mayor Falck said that action has already been taken on this item. 40. Woodview Tract 38 - Model Sales Facility - Discussion and possible action to renew a model sales permit.for this project. SYNOPSIS OF ACTION: TABLED to the next regular meeting. City Attorney was authorized to write a letter advising the developer he is to pay fees based on entire number of units shown on the site plan. (See Pages 27 & 28). Susan Fineman, representing Mr. Grossman, would like to pay a fee for the model based upon 50 houses in the first phase as they are not selling the second phase at the present time. When the first phase is completely sold out that is when the second phase will begin. Council agreed that this would not be permitted. 46. Citz_Council Reports Mayor Falck said he was concerned about the 1� Sales Tax. -MHe will communicate to people in Tallahassee his feelings conc,.erning this. - An article in last nights paper stated Judge Franza proposed erection of a temporary prison at the Executive Airport. He was asked by the Fort Lauderdale Planning people to oppose this. V/M Massaro said she had a conversation with Syd Workman and she suggested that he contact FP & L since he said perhaps Leadership would consider selling them a piece of land in Land Section 7 or by the Parkway. MEETING WAS ADJOURNED AT 4:30 P.M. MAYOR ATTEST: ASSISTANT CITY CLKRK 0 J. This public document was promulgated at a cost of , -or 61% per copy, to inform the general public and public officers and employees about recent opinions and considerations by the City Council of the City of Tamarac. - 30 - 3/24/82 /Pm