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HomeMy WebLinkAbout1980-04-09 - City Commission Regular Meeting MinutesMA n P. 0. BOX 25010 TAMARAC, FLORIDA 33320 FIRST CLASS MAIL CITY OF TAMARAC, FLORIDA CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, APRIL 9, 1980 CALL TO ORDER: 9:30 A.M. ANNOUNCEMENT OF TIME ALLOCATIONS - MOTIONS TO TABLE - The Chair at this time, will announce those items which have been given a specific time to be heard, and will entertain motions from Council members to table those items which require additional research. Council may agendize by majority consent, matters of an urgent nature which have come to Council's attention after publication of this agenda. TAMARAC UTILITIES - WEST 1. Status Report - Operations - Discussion and possible action (4/9-pgs.2,3) 2. Develoj2ers' Agreements - Discussion and possible action. PRESENTATIONS/AWARDS 3. Police Department - Presentation by Acting Chief Roche of 4/9-pgs.4,5) awards to Police Officers for superior service during 1979. 4. Official City Tree - Discussion and possible action on the (4/9-Pg•5) request of the Tamarac Botanical Society to adopt the Tree RESO.80-98 of Gold, botanically known as Tabebina Argenta, as the official tree of Tamarac. 5. Community_ Assistance Program - Grants - Presentation by (4/9-pgs.7-9) International Systems, Inc. concerning services in procure- ment of grants for the City. 6. Canal Fishing - Presentation by Irving Epstein concerning (4/9-pg.9) fish stock and debris in the canals. 7. Broward League of Cities - Discussion and possible action (4/9-pgs.5,6) to appoint the regular and alternate voting delegates to Mayor Falck the annual election meeting. Appointed 8. ConsentA enda -- Items listed under Item #8, Consent Agenda are viewed to be routine and the recommendation will be (4/9-pg.6) enacted by one motion in the form listed below. There will be no separate discussion of these items. If discussion is a)Appd.as amend. desired, then the item(s) will be removed from the Consent b) thru g)Appd. Agenda, and will be considered separately. a) Minutes of 3/12/80 - Regular Meeting - Approval recom- mended by City Clerk. b) Alan F. Ruf - Consulting Attorney - 4/3/80 - $960.00 - Approval recommended by City Attorney. lie�li�lY�(�� c) Alexander Grant & Co. - Auditor - 9/24/79 - $825.00 - Approval recommended by City Manager. d) Arden -Green - Architect - Cypress Creek Commons - 1/21/8 $1,000.00 - Approval recommended by City Manager. e) Lawrence Browning - Architect - Fire Station #2 - 3/10/R $540.00 - balance due - Approval recommended by Acting Chief Building Official. f) Mitchell Ceasar - Grants Consultant - 3/10/80 -- $833.33 retainer, plus $26.51 expenses - total $859.84. Approval recommended by City Manager. g) Bid Authorization - Dredging and Hauling for lime sludge at Utilities West. GENERAL ADMINISTRATTVE/FINANCIAL (4/9-pgs.9,10) 9. Utility Easement at Public Works Complex -- Discussion and (4/14_pgs.5,6,7 possible action on request of Florida Power and Light for a RESO.80-103 as Grant of Easement by the City along 88th Avenue by Temp. amended. Reso. #1458. 10. Bid Award - Police Department - Temp. Reso. #1581 - Discus- (4/9-pgs.10,11) sion and possible action to award a bid for new vehicles. RESO.80-97 11. Management Personnel - Discussion and possible action to ) (4/9--pg.1) grant additional benefits for the Management personnel. ) REMOVED 12. City Hall Space - Report by City Manager -- Discussion and ) possible action on plan to provide additional space for ) administrative departments. ) 13. Fire Department - Discussion and possible action on personne (4/9-pg.11)Appd needs. (4/14--pgs.10,11 Bailey Rd.term. 14. Police Department - Justice System Improvement Act - Temp` (4/9-pgs.1,2) Reso. #1587 - Discussion and possible action to authorize Removed execution of an agreement to participate in an interlocal agreement for a criminal justice council. PUBLIC HEARINGS - 4/9/80 - 2:00 P.M. 15. Handicapped Park Requirements - Temp. Ord. #730 - Amending (4/9--pg.15) Code Section 18-7 by modifying the depth of these spaces, ORD.80--41 and reducing the required number, etc. Discussion and pos- sible action. Second Reading. 16. Site Plan Review Fees -Temp. Ord. #739 -- Amending Code Sec- (4/9-pg.16) tion 7-8.4 by providing that these fees be set by Resolution. RD.80-42 Discussion and possible action. Second Reading. 17. Cit Petition #9--Z-80 - Caporella Park - Discussion and pos- (4/9-pg.16) sible action to approve a rezoning from R-lB to S-1 on the Appd.on lst Rdg east side of Prospect Road, 300 feet north of Commercial as amended. Boulevard, extending north 700 feet - by Tem. Ord. #743. PUBLIC HEARING - 4/14/80 - 10:00 A.M. 18. Tamarac Utilities West -- Budget - Fiscal Year 1979/80 - Tem (4/14-pgs.3,5) Ord. #740 - Discussion and possible action - Second Reading. RD.80-43, as amended. LEGAL AFFAIRS 19. Mainlands - Section 7 - Deed Restrictions - Discussion and (4/9-pgs.6,7) possible action to re -assign the deed restrictions to the REMOVED Section Association - Temp. Reso. #1588 - Discussion and pos- sible action. L I PAGE THREE. 20. Woodmont - Grant of Easement E-12 - Temp. Reso. #1589 - Dis- (4/9-pg.12) cussion and possible action to repeal Resolution No.R-80-39, RESO.80-99 which accepted a Grant of Easement, and accepting a correcte Grant of Easement offered by Tract 76 Corporation and City National Bank of Miami. (C.Mgr. to submit addt'l. input -Ite #s 21 - 27) 21. All Florida Sanitation -- Renewal of Commercial Garba e Col-- (4/9-pg.20) lection Franchise - Temp. Ord. #744 - Discussion and possibl Appd.on lst Rdc_ action to renew this ^franchise for one year. 22. All Service Refuse Co. - Renewal of Commercial Garbage Col- lection Franchise - Temp. --Ord. #745 - Discussion and possibl( action to renew this franchise for one year. 23. Browning -Ferris Industries of Florida- Renewal of Commercial Garbage Collection Franchise - Temp. Ord. #746 - Discussion and possible action to renew this franchise for one year. 24. County Waste, Inc. - Renewal, Franchise - Temp. Ord. #747 to renew this franchise for of Commercial Garb - Discussion one year. I(4/9-pg.21) Appd. on 1st (4/9-pg.21) Appd.on lst Rdc e Collectio (4/9-pg.21) possible action Appd.on 1st Rdc 25. Industrial Waste Services - Renewal. of Commercial Garbage Collection Franchise - Temp. Ord. #748 - Discussion and pos- sible action to renew this franchise for one year. 26. Ronkoma Corp. - Renewal of Commercial Garbage Collection Franchise - Temp. Ord. #749 -- Discussion and possible action to renew this franchise for one year. 27. Southern Sanitation - Renewal of Commercial Garbage_Collec- tion Franchise - Temp. Ord. #750 - Discussion and possible action to renew this franchise for one year. 28. Newspaper Collection - Temp. Ord. #619 - Discussion and pos- sible action to require preparation and separation of news- papers. First Reading. 29. Site Plan Review Regulations - Temp. Ord. #714 -- Discussion and possible action to prohibit review of site plans not approved at the same as a plat within 6 months of such plat approval. First Reading. 30. Beautification Committee Duties - Temp. Ord. #715 - Amends Sections 6 and 7 of the Code transferring certain duties from the Planning Commission to the Beautification Committee, 31. Bingo Regulations - Temp. Ord. #729 - Discussion and possibl( action to exempt the City from County regulations and re- defining areas in the City where bingo games may be operated under certain conditions. First Reading. 32. Non --Conforming Uses - Temp. Ord. #732 - Amends Section 28-1 by re -defining this use by removing existing structures from this definition when setback requirements are changed. Dis- cussion and possible action. First Reading. 33. Off -Street Parking Regulations - Temp. Ord. #737 - Amends Sections 18-1(5) by permitting parking facilities on ad- joining property and establishes requirements for reciprocal parking easements. Discussion and possible action. First Reading. COMMUNITY DEVELOPMENT 34. Sands Point - Bond Release - Temp. Reso. #1239 - Discussion and possible action to release cash landscape bonds for certain buildings in this condominium complex. (4/9-pg.21) Appd.on lst Rdc (4/9-pg.21) Appd.on lst Rdc (4/9-pg.21) Appd.on 1st Rdc 1(4/9-pgs.12,13) (Appd.on 1st Rdc (4/9-pgs.16-18) Tbld.for con- sideration 1(4/9-pg.17) jAppd.on lst Rdc (4/9-pgs.19,20) Appd.on lst Rdc (4/9-pg.22) Appd.on lst Rdc as amended (4/9-pgs.22,23) Appd.on lst Rdc as amended (4/9-pgs.14,15) RESO.80-102 J L_ 1 PAGE FOUR. (4/9-pgs.13,14) 35. Woodmont Countr Club - Revised Site Plan -- Discussion and (4/14-pg.6)Tb1r possible action on request to reconsider Council action of March 26th, concerning the proposed tennis equipment building. (4/9-pgs.18,19) 36. Faith United Church - Discussion and possible action on To submit to request for directional signs. Beaut.Comm. 37. Woodlands Fountain - Discussion and possible action on re- (4/9-pg.1) quest of Woodlands residents to re -activate the fountains REMOVED within the public rights -of -way in the Woodlands. 38. Edgewater Village - Discussion and possible action on: (4/9-pgs.23-26) a) Acceptance of public improvements - Temp._ Reso. #1585. RESO.80-100 b) Partial bond release - Temp. Reso. #1586. TABLED 39. Southgate Gardens - East - Discussion and possible action on(4/9-pg.20) a) Site Plan TBLD.to 4/23/8( b) Landscape Plan c) Vacation of Drainage Easement - Temp. Reso. #1582. d) Grant of Utility Easement - Temp. Reso. #1583. e) Grant of Canal Maintenance Easement - Temp. Reso.#1584. 40. Tamarac Lakes South - Revised Site Plan - Discussion and (4/9-Pg.23) possible action to approve a fence surrounding the pool. Appd. 41. University Community Hos_�ital - Revised Site Plan - Discus- (4/9-pg.23) sion and possible action to approve plans for the employee (4/14-pg.3)TBD- parking lot. to 4/23/80 42. Visual Gra hits Cor oration - Discussion and possible action (4/9-pg.23) to approve an extension of 90 days for submission of a plat. Appd. REPORTS 43. City Council (4/9-pgs.23,24) 44. City Manager 45. City Attorney Copies of legislation to be considered are available for reviewing and purchase in the Office of the City Clerk. CITY OF TAMARAC MARILYN BERTHOLF, CITY CLERK AGENDIZED BY CONSENT 46. Isles of Tamarac - Discussion and possible action on Lot 52. (4/9-pg.2) (4/14-pgs.8-10; No action takei 47. Utilities West - Financial Transactions - Discussion and (4/9-pg.2) possible action. (4/14-pgs.1-3) Appd. 48. St. Malachy's Festival - Waiver of fees for Occupational (4/9--pg.2)Fees License and Electrical License - Discussion and possible waived, but action. elec.inspec.to be made. 49. Site Plan Review Fees - Temp. Reso.#1591 - Discussion and (4/9-pg.16) possible action. RESO.80--101 50. Authorization for Mayor Falck to attend a meeting in (4/14-pg.11) Washington, D.C. on April 25th, 1980. Approved. J CITY OF TAMARAC, FLORIDA REGULAR CITY COUNCIL MEETING APRIL 9, 1980 CALL TO ORDER: Mayor Falck called the meeting to order on Wednesday, April 9, 1980, at 9:30 A.M., in the Council Chambers. ROLL CALL: PRESENT: Mayor Walter W. Falck Councilman Irving M. Disraelly Councilwoman Marjorie Kelch Councilman Irving Zemel ALSO PRESENT: City Manager, Edward A. Gross Ass't. City Clerk, Carol Evans TEMPORARILY ABSENT: Vice -Mayor Helen Massaro City Attorney, Arthur M. Birken MEDITATION & PLEDGE OF ALLEGIANCE: Mayor Falck called for a Moment of Silent Meditation followed by the Pledge of Allegiance. C/M Disraelly expressed the gratitude of Council to the West Section of the Ft. Lauderdale News and Rita Rubin, for displaying the needs of the City, with the amount of membership they are seeking for the various Committees. He also indicated that the item of Council expenses and salaries were defined correctly, which was submitted by Pat McDonough. Mayor Falck said there was a request to remove the following item from the agenda, because it was handled by the City Manager. COMMUNITY DEVELOPMENT 37. woodlands Fountain - Discussion and possible action on request of Woodlands residents to re -activate the fountains within the public rights -of -way in the Woodlands. SYNOPSIS OF ACTION: Removed from the agenda. C/W Kelch MOVED that Item #37 be removed from the agenda, and C/M Disraelly SECONDED, with a request that the City Manager submit a memo to Council. VOTE: ALL VOTED AYE. Mayor Falck indicated there was a request to remove Items 11 and 12 from the agenda, which will be considered at a later date. GENERAL ADMINISTRATIVE/FINANCIAL 11. Management Personnel - Discussion and possible action to grant addi- tional benefits for the Management personnel.. 12. City Hall Space - Report by City Manager - Discussion and possible action on plan to provide additional space for administrative depart- ments. SYNOPSIS OF ACTION: Removed from the agenda. C/M Disraelly MOVED that Items #11 and #12 be removed from agenda at the present time, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. Mayor Falck further stated that Item #14 cannot be handled due to the lack of adequate information which is required from the County, and should be removed. 14. Police Department - Justice System Im2rovement Act - Temp. Reso.#1587 - Discussion and possible action to authorize execution of an agreement to participate in an interlocal agreement for a criminal justice council. SYNOPSIS OF ACTION: Removed from the agenda. -1- 4/9/80 mr/ C/M Disraelly MOVED that Item #14 be removed from the agenda, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. The Mayor reviewed the schedule of items for the agenda, and also the items to be considered at the recessed meeting of April 14, 1980. 46. Isles of Tamarac - Discussion and possible action.on Lot 52. SYNOPSIS OF ACTION: AGENDIZED BY CONSENT C/M Disraelly said that he received a letter from Isles of Tamarac, and MOVED that it be placed on the agenda, BY CONSENT, for discussion by Mr. Glusman, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. Mayor Falck indicated that the item would be called on Monday, 4/14/80, at approximately 10:30 A.M. 47. Utilities West - Financial Transactions - Discussion and possible action. SYNOPSIS OF ACTION: AGENDIZED BY CONSENT Action to be taken on 4/14/80. C/M Disraelly noted that a communication was received from the Assistant City Manager, with a request to AGENDIZE BY CONSENT, the item of Utilities West - Financial Transactions, to be considered on Monday, 4/14/80, after Item #18. The memorandum was dated 3/31/80. He then MOVED to AGENDIZE BY CONSENT, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. Mr. Gross distributed copies to Council, for an item to be agendized by consent, which related to a waiver of an Occupational License and license for the electrical hookups for St. Malachy's Festival. 48. St. Malach 's Festival - Waiver of fees for Occupational license and electrical license - Discussion and possible action. SYNOPSIS OF ACTTON_ AGPNDTRFi) RV rnmgRNT Fees were waived, but electrical inspections to be made. VOTE: C/M Disraelly MOVED to AGENDIZE BY CONSENT the communication received from St. Malachy's Church, and C W Kelch SECONDED. ALL VOTED AYE. Matt Lyons made the presentation, and advised that the festival was for the purpose of raising funds for the Elementary School and the building of a new Rectory. Mr. Gross said that Council has previously approved such waivers, and the administration requested such approval. C/M Disraelly said that electrical inspections would have to be made, but the waiving of the fee payment could be made for such licenses. He then MOVED that St. Malachy's Catholic Church be permitted to obtain an Occupational License for a festival to be held on April 11, 12 and 13, and the fee for the license of the temporary electrical hookup, also be waived, but inspections were to be made. C/W Kelch SECONDED. VOTE: ALL VOTED AYE. TAMARAC UTILITIES -- WEST 1. Status Report - Operations - Discussion and possible action. SYNOPSIS OF ACTION: Report by City Manager IWM 4/9/80 mr/ Mr. Gross said that work commenced this morning, 4/9/80, after numerous problems between the Contractor, the County and the City, for the testing of the lines. Upon completion, the Contractor will be paid, and inspections made, he said. He further stated that it will not involve a problem, if the check is made out to the County, but if it is designated to the Contractor, then the City Attorney will prepare a release, which the County will also execute. He stated that the extreme amount of rain within the past week, and effluent levels into the system being at plant capacity, were problems that were handled by Staff and the City Engineer. He further stated that the connection into the County system was necessary at this time, in order to permit everything to be handled correctly. He responded to C/M Disraelly, by stating that the average in -flow was approximately 5,000,000 gallons per day, with a 4.9 system presently in existence. Mr. Gross advised that $15,000.00 of the $52,000,00, which was autho- rized by the City, has been encumbered, with $6,400.00 of the work having been completed and paid; and $8,600.00 for repair of catch basins and TV'ing of the lines, still continuing. The City Manager advised that the County Commission authorized the County Administrator to sign the agreement with the City of Tamarac, on Tuesday, April 8, 1980, for the relocation of the pipes on Commer- cial Boulevard. It was also noted that the County would loan the City of Tamarac the related monies, at an interest rate of 6.1%, for such relocation. C/M Disraelly said the cost of the project was $250,000.00, and $15,000.00 would be owed, based on a yearly period. Mr. Gross said this fiscal year was based on the signing of the contract, which was accomplished 4/8/80, with the balance of the year or 6 months being in the amount of $7,500.00. The monies, he said, would come out of the bond issue, once they are sold. Mr. Gross further advised that the County was going for bid for McNab Road within the next thirty days, and felt that at this time work would be required by the City Engineer. He also said that the surveys of the road work would have to be checked, in order to deter- mine the area of the lines. The City Manager said that because the County was going for bid would not be a definite indication that the roadway between 70th Avenue and University Drive will be built. He stated that the intention of the bond issue was not to build west of 70th Avenue, which would be for completion at a later date. But, he said, the maps which accompanied the bond issue information, did show completion of the road to University Drive, and it was the ruling of the County Attorneys that they could not comply with the resolution, but would have to abide by the indications on the map. He also said that the bids would show 300 feet west of University Drive. But, if the bids are submitted with high figures, he said, and because the bond issue was a problem, it was possible that nothing would be com- pleted past 70th Avenue. The City Manager said that pipe relocation was being checked on McNab Road, and, if needed, and the road work is completed, the formal work will be accomplished; with preparation of an agreement similar to Commercial Boulevard. These pipes, he said, only involved water and sewer lines, but drainage would be instituted once the system is completed. Mr. Keating said that if the pipes are under the new pavement, they require relocation. Mayor Falck advised the City Manager of a sprinkler pipe, as relates to Prospect Road, which is parallel to 53rd Street, and does not meet the standards. He said that the residents of the Boulevard Sec- tion will be required to incur the expense. He requested that the City Manager notify the residents in the area, at the proper time, because of monies required for the survey, preliminary work and pipe replacement. Mr. Gross said that he did not have any information to report on Developers' Agreements. C/M Zemel requested information or back-up data on the McNab Road projection, in order to familiarize him with previous work. :a]: 4/9/80 mr/ PRESENTATIONS/AWARDS 3. Police Department - Presentation by Acting Chief Roche of awards to Police Officers for superior service during 1979. SYNOPSIS OF ACTION: 17 Commendations were presented, plus an Officer of the Month Award for March, 1980. Acting Chief John Roche requested permission to appear before Council in order to present awards and commendations to the Police Officers for superior service in 1979. a) Cpl. Derek Peterson - in June of 1979, he apprehended a juvenile burglar. b) Cpl. Robert Logan - in June of 1979, he apprehended three burglars. c) Det. Barbara Chovan - 2 commendations were given; January of 1979 and October of 1979; one honorable mention, and one commendation. Through her investigation she apprehended an armed burglar, who shot a victim, also assisted in the arrest of an armed burglar of a drug store. d) Det. Lowell Smout (a/k/a "Bear") - in August of 1979, he arrested a female burglar. e) Police Officer Paul Sinram - in June of 1979, he arrested a juvenile burglar. f) Police Officer David Lowe - the K--9 Officer - in July of 1979, he arrested an armed burglar. g) Police Officer Andrew Koerick - in August of 1979 he arrested one juvenile for burglary, and noted that he was a cross --trained fire officer. h) Police Officer Dennis Stabile - in August of 1979 he assisted in the arrest of a burglar. i) Police Officer Gary O'Shea - was excused, due to a death in the family. He controlled a store fire until the arrival of the Fire Department. j) Police Officer Brian Klemm - was in Court today. He arrested a juvenile burglar in Clubhouse 16. k) Police Officer Curtis Jennings - assisted Officer Klemm in appre- hending the burglar in Clubhouse 16. 1) Police Officer Joseph Neary - arrested a juvenile burglar in Clubhouse 16; and another commendation for assisting in the arrest of two burglars in Academy Hills. m) Police Officer Pamela Dowling - she arrested an armed robber of a drug store on State Road 7, with a chase into Lauderdale Lakes. n) Police Officer Frank Hinkle - in February of 1979, he assisted the Sheriff's Department in the arrest of a burglar at a gas station; in June of 1979, he arrested white male burglar in a store, who has been on the "wanted" list for over 140 major offenses. o) Police Officer David Harding - in January of 1980, he arrested a perpetrator for a stolen vehicle. p) Police Officer Michael McGrane - was in Court today. He also assisted in the arrest of a store burglar, where 140 major crimes in Broward County were cleared. q) Sgt. Kenneth Woodall - in February of 1979, he arrested a burglar in a gas station; and in September of 1979, he arrested a juvenile burglar in one of the clubhouses. Chief Roche said that approximately 6 weeks previous, he instituted the establishment of a program for "Officer of the Month", and felt that such officer should be chosen from his peers. He additionally -4- 4/9/80 mr/ L. J L _71 7� stated that a Board was formed, consisting of two Policemen and one Detective, with evaluation of performances each month. He displayed the plaque that would be posted on the wall within the Police Depart- ment, which would list each Officer of the Month for 1980, and his photo. r) Police Officer Daniel Johnson received the Officer of the Month Award, plus a commendation. He said that on Wednesday, February 20, 1980, at approximately 11:50 A.M., he responded to a call over the CDC radio at 7907 N.W. 72nd Avenue, of an attempted suicide. Upon arrival, he said, contact was made with a white female victim, who had consumed a quantity of sleeping pills, and armed with an eight inch butcher knife. The subject, Chief Roche said, took vicious swings, when approached, and threatened to use the knife on herself. Officer Johnson patiently spoke with the subject, and was able to disarm her. For the courageous and fast reaction, conscientious and diligent efforts, which resulted in the prevention of serious injury, and deserving of the highest praise, Officer Johnson was selected as Officer of the Month for March, 1980, and officially awarded the department commendation. C/M Zemel said this was a proud moment for him, because five years previous he was the co-founder of the Tamarac Fraternal Order of Police Associates, and does consider many of the Police Officers friends, and others very good acquaintances. Mayor Falck said all of Council was proud of the Police Department and their activities. He felt that the public could be of assistance in promoting arrests and apprehension of suspicious individuals. The Mayor commended the Acting Chief, John Roche, for everything that has been accomplished to -date, with the continuation of such an excellent record. 4. Official City Tree - Discussion and possible action on the request of the Tamarac Botanical Society to adopt the Tree of Gold, botanically known as Tabebuia Argenta, as the official tree of Tamarac. Temp. Reso. #1590. SYNOPSIS OF ACTION: Adopted RESOLUTION NO.R- 6Q- PASSED. Mayor Falck discussed the beauty of this tree, with the recommendation of the Botanical Society to accept the Tabebuia Argenta, as the official tree of Tamarac. C/M Disraelly said that he spoke to members of the Rare Fruit Council, who were not basically interested in trees, and was advised that this tree was a relatively insect -free tree, and would survive the South Florida weather. C/W Kelch read Temp. Reso. #1590, and C/M Disraelly MOVED for its adoption, for a formal official tree of Tamarac, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. Mr. Gross advised that at the Public Works Festival, being held in May, these trees will be available for purchase. C/M Disraelly also said that the Rare Fruit Council was interested in presenting such trees, at the time that additional landscaping is initiated at Cypress Creek Commons. Fie was prepared to give a list of names to the City Manager, of those people who would make this presentation to the City. 7. Broward League of Cities - Discussion and possible action to appoint the regular and alternate voting delegates to the annual election meeting. SYNOPSIS OF ACTION: Mayor Falck appointed as the Delegate, and the City Manager named the Alternate. --5- 4/9/80 mr/ Mr. Gross advised that the City was permitted to have a voting delegate and an alternate at each Broward League of Cities meeting. He also stated that for the past four years, that the Mayor and he have per- formed these duties, and would recommend that Mayor Falck be reappointed, because he is presently an officer of the League. C/W Kelch MOVED to approve Mayor Falck as the new voting delegate, and Ed Gross, the City Manager, as the new alternate, and C/M Disraelly SECONDED. VOTE: ALL VOTED AYE. 8. Consent Aaenda a) Minutes of 3/12/80 - Regular Meeting - Approval recommended by City Clerk. b) Alan F. Ruf - Consulting Attorney - 4/3/80 - $960.00 - Approval recommended by City Attorney. c) Alexander Grant & Co.- Auditor - 9/24/79 - $825.00 - Approval recommended by City Manager. d) Arden -Green - Architect - Cypress Creek Commons - 1/21/80 - $1,000.0a Approval recommended by City Manager. e) Lawrence Browning - Architect - Fire Station #2 -- 3/10/80 - $540.00 - balance due - Approval recommended by Acting Chief Building Official. f) Mitchell Ceasar - Grants Consultant - 3/10/80 -- $833.33 retainer, plus $26.51 expenses -- total $859.84. Approval recommended by City Manager. g) Bid Authorization - Dredging and Hauling for lime sludge at Utilities West. SYNOPSIS OF ACTION: a) Approved as amended, and b) through g) Approved. Tape C/M Zemel requested that Item a), the Minutes of 3/12/80, be discussed Side separately, because he was not present at that time, and could not #2 approve these minutes. VOTE: He then MOVED that Items b) th-rough g) be approved. C/M Disraelly inquired as to $60.00 being held for Item e), Lawrence Browning, from his total bill, to which Mr. Gross replied that there was still some work pending, and it was recommended to pay the $540.00 at this time, rather than $600.00. C/W Kelch SECONDED the motion. C/M Disraelly discussed Item f), Mitchell Ceasar, and the amount of phone calls made on one day of the month, namely 12 to 15 calls, and inquired as to what occurred on the other days of the month. Mayor Falck requested the City Manager have this clarified. ALL VOTED AYE. a) C/M Disraelly MOVED for the acceptance of the Minutes of 3/12/80, as amended, and C/W Kelch SECONDED. VOTE: C/W Kelch - Aye C/M Zemel - Nay C/M Disraelly - Aye Mayor Falck - Aye LEGAL AFFAIRS 19. Mainlands - Section 7 -- Deed Restrictions - Discussion and possible action to re -assign the deed restrictions to the Section Association - Temp. Reso. #1588. SYNOPSIS OF ACTION: Removed at the request of V/M Massaro. Mayor Falck indicated that the Vice -Mayor sent him a note requesting that this item be removed from the agenda, because she has not had the opportunity to review it. 4/9/80 mr/ r r � C/M Disraelly MOVED to remove this item from the agenda, at the re- quest of V/M Massaro, due to the unavailability of Alan Ruf, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. 5. Community Assistance Program - Grants - Presentation by International Systems, Inc. concerning services in procurement of grants for the City. SYNOPSIS OF ACTION: Presentation was made y Ms. Ellen Hunter. Ms. Ellen Hunter represented International Systems, Inc. of Atlanta, and said that she came in from Orlanda, and found that her luggage was lost, which contained her file on the City of Tamarac. She said the company was based in Atlanta, with an office in Washington, and were presently working in 38 states, and contracting with both cities and counties. She also added that they were attempting to pro- cure additional Federal Grant Revenues to offset the .local tax burden. Ms. Hunter indicated that her company has been in operation for the past eight years, and originated in the state of North Carolina. She said the company has a few individual specialists, who were working with a number of local governments, and have been capable of implementing an effective grants assistance program.Ms.Hunter said they have expanded to larger jurisdictions, as well as smaller communities, namely, the City of Birmingham, Alabama, North Las Vegas, Delaware County - Penn- sylvania, and North Miami Beach. She elaborated on the method of the program; by stating that a service representative would be sent at the beginning of the contract year, to the City of Tamarac, who would prepare a client profile, which was an extensive demographic study, and a grant services questionnaire. The responses, she said, would be coded into the computer based in Atlanta, which generates the computerized grant-scan,that was a listing of the 1500 Federal programs, and those that are available, and can be quali- fied, as to the interests expressed. It was noted by Ms. Hunter that most of the clients grants scan consists of 300 to 400 programs. Ms. Hunter said that an important part of their service is the assign- ment of a personal representative for each client, and is responsible for sight visits to the locality, and working with the client on a daily basis. The representative, she said, will devise the program most suitable to the client, with submission of an expressed interest of participation in a project; after payment has been made for the application. She said there was a possibility of funding for a project, and the funds were not available, but when available, they would proceed with it. This would put the client ahead of a neighboring community, that has not yet decided to act on the particular project. It was further noted, she said, that Atlanta has a staff of 45 re- searchers, grants writers and program specialists, with experts in every field; namely, Public Works, Community Development, Transporta- tion, Education and Criminal Justice. Also, she said, they have a toll - free WATS line , and the clients could use this at any time, as relates to questions on a specific program area. Another function of the Re- search Department, she said, is the preparation of the "grant grams", which copy was given to Mayor Falck,This. contains summaries of programs, deadlines on particular grants and pending legislation, guidelines, and so forth, she said, and is mailed once a month to the clients, which serves as an up -date to the grant scan. Ms. Hunter additionally informed Council that they also pursue State, Regional and private foundation grants, as well as Federal. She dis- tributed copies of sample contracts, indicating that their fee for service would be based on population. The 1970 census was still being used, she said, and the figure for the City of Tamarac was 18,000, with a qualified fee of $24,000.00 per year. She further added that the fee is guaranteed, and if grant revenues are not obtainable for the City, in excess of $24,000.00, then the difference would be refunded. Also, if they were totally unsuccessful in obtaining any grants, then the entire amount would be reimbursed; noting that the City would not incur any other costs. Ms. Hunter indicated that a discussion was held with Mayor Falck, as - 7 -- 4/9/80 mr/ related to difficulty in procuring grants, and she has obtained a profile of the City's demographics. She said that eligibility for most HUD grants would not be available for Tamarac, because it was a fairly young City, without a minority population. She felt that due to the large elderly population in the City, there would be a number of programs benefiting the majority of residents; namely, transportation grants, title 3 grants of the Older Americans Act, which includes congregate housing, housing grants, nuitrition programs, as well as recreation and senior citizen programs. It was her company's feeling that they could perform a valid service for the City, by pro- viding additional grant revenues in most needed areas. Ms. Hunter requested that a list be made as to what the City considers to be leading items. Mayor Falck felt that the largest single problem was the lack of transportation in Broward County, and all of southeast Florida. He said there was less than 100 buses on the streets, for over a million people, on a daily basis. As compared to Dade County, the Mayor said there were 400 buses. Ms. Hunter said that she was aware of Vans being purchased for trans- portation, for the elderly, as a UNTA program, but felt that it was not her place to deliver specific information as to the various grants. Mr. Gross advised that County law does not permit the cities to go for many transportation grants, but is instituted through the County Transportation Authority. C/W Kelch inquired as to percentages for each grant, which relates to the $24,000.00 fee, and the method of application when grants are re- ceived. Mr. Hunter said it was based on the amount of the grant, and the dif- ference involved with the $24,000.00 fee, which would determine the reimbursement. She informed Council that the contract indicates tech- nical assistance in some grants that are in-house, but the guarantee only applies to grants that the company writes in Atlanta. Ms. Hunter also stated that they would research "matching grants", if there is such a request, as to the requirements, and would require a letter of authorization from the City, which form is in existence. The City Attorney was in attendance at this time. C/M Zemel inquired whether it was the unilateral option of ISI, as to a refund, or continue with an item to obtain grants, in order to reach the $24,000.00 fee. Ms. Hunter said that the contract she distributed was a sample, but it was subject to negotiation, with a limit being placed on this. She said that by the end of the year, if fewer dollars in grants were ob- tained for the City, with some grants still pending, an extension clause was put in to allow them the opportunity of refunding monies, even if it was after a two-year period. Ms. Hunter responded to a question by Mr. Gross, as related to any grant that the City would obtain, to which she stated that only the grant which goes through Atlanta would be involved in the fee. Mr. Birken said that it was custom for a consultant to agree that they would not do work for a competing city in the same geographic area, because of conflicting interests. Ms. Hunter indicated that she was not aware of such a custom, and has never encountered such a situation. She did state that ISI does only add a limited number of clients in a fiscal year, due to competition and conflicting interest. She also noted that there were three other meetings she was planning to attend in Florida. Mayor Falck stated that the So. Florida Regional Planning Council indi- cated that Tamarac would be entitled to 3% of the total available to the region served by this Planning Council, which included Broward, Dade and Monroe Counties. It was noted, he said, that the 3% will come off monies that have been allocated to the County, and other municipalities in each of the three Counties. The Mayor said a synopsis of such action will be distributed by him, which involved "no -8- 4/9/80 mr/ strings" attached. He additionally stat(.d this was the advantage of participation in this type of activity, which was discussed approxi- mately 6 or 8 months previous. The Mayor said it would be available, if the project as submitted and approved on Monday, 4/7/80, is approved at the Federal level. 6. Canal Fishing - Presentation by Irving Epstein concerning fish stock and debris in the canals. Mr. Epstein said that he had problems with the Fish. & Game Commission in Tallahassee and Palm Beach, for the past 2 1/2 years, with no commit- ment of fish from the hatcheries. He said that he informed the "press" of this information, which resulted in a call to him from the Fish & Game Commission in Tallahassee, to discuss this.at a future date. Mr. Epstein said that he informed the Commission that a new innovation was introduced in fresh water canals, which are called "reefs", and was instituted in the ocean. This reef, he said, was protection for the young fish, the fingerlings that were received from the hatcheries, which allows them to survive. He suggested that a "tire reef" would be logical, and could be put together and sunk in the canals. He res- ponded to a question by Mayor Falck, by stating that the canals can be as deep as twenty feet, and are conducive to bringing in fish. C/W Kelch said that she has been working with Irving Epstein for a long period of time, and expressed Council's appreciation for his sincerity and real interest he has taken in this project. Dr. Maurice Abbey commended Mr. Epstein on the efforts he has shown for many years, in attempting to obtain fish in the canals. He felt there was not enough oxygen to promote restocking of canals, and with- out this, nothing can survive. Dr. Abbey said that the gentleman in charge of the Game and Fish Commission should be approached, in order to effect a complete analysis of the water, and the reason for the lack of oxygen, and the cost involved. Tape Mr. Epstein requested a survey be made, as to the discussion held by Side Dr. Abbey on the secondary canals. He said this has been accomplished #3 on the C-14 canals, and the water has been proven satisfactory. He also said that the lack of oxygen in the secondary canals only involved the opening of the C-14 canal gate, and the fresh water will enter the canals, and enhance the oxygen contents. GENERAL ADMINISTRATIVE/FINANCIAL 9. Utility Easement at Public Works Complex - Discussion and possible action on request of Florida Power and Light for a Grant of Easement by the City along 88th Avenue by Temp. Reso. #1458. SYNOPSIS OF ACTION: Tabled to recessed meeting of 4 14 80, pending additional input. The City Attorney read Temp. Reso. #1458, and indicated that he reviewed the easement, which was legally sufficient, but was irrev- ocable once it was granted. Mr. Gross said that if it is not granted, it could still be put in on the property right-of-way, which would be a detriment to the City, and recommended that the easement be approved. C/M Disraelly advised that he spoke with Brian McCaughey, and also checked the area with the City Engineer, on the aerial map, and it was determined that the north -south easement being requested is in the swale area between the right--of-way and the parking lot. Also, that the east -west easement being requested, is in the Swale area north of the parking lot. Mr. McCaughey advised him that this is a necessity for a switching station, which would tie-in with the new facility being built in Sunrise, that would provide additional service to the City of Tamarac. C/M Disraelly said the supply service facility could be as large as 8 X 8 feet square, and there was a request to place the entrance on the south side of the box, in order to permit the men working in the area to be away from the residential area. Mr. McCaughey also confirmed the fact that plantings would be placed on the north - east and west side of this area, and felt that the City will receive cooperation from FP & L. -9- 4/9/80 mr/ M. He then MOVED for the adoption of Temp. Reso. #1458, authorizing the appropriate City officials to execute a grant of easment to FP & L, and C/W Kelch SECONDED, and inquired as to this structure conflicting with access,and development areas in the location. Mr. Birken said that restrictions could be put into the grant, which may not be acceptable to FP & L. V/M Massaro was in attendance at this time. Mx. McCaughey of FP & L said that the reason for the easement request was due to the growth in the western sections, and a new sub -station was required. He said that from this station there are "feeders", which are main electrical lines, and requires an area of a switching pad to different lines, when problems occur. He further stated that it is a self-contained, completely enclosed,and in a metal structure, which facility is not large. C/M Disraelly acknowledged the fact that the north -south pad will be underground, and the east -west pad with the switching structure would be approximately 8 X 8 X 4 1/2 feet above ground. Mr. McCaughey said tk*ey would put plantings around the area, and will be pleased to work with Mr. Thissen. He also said that this was in the area of the maintenance building. It was stated by Mr. McCaughey that it would be difficult to move this area at a later date. V/M Massaro said there is a possibility that this area may be sold, and the City may not remain there, and may not continue the use for municipal purposes, and might cause problems. She inquired as to putting this facility on the other side, where the hospital land is located, on the southwest side, where 35 acres are situated. The Vice -Mayor said they have very definite plans, with the use being indicated for a hospital or a veterans hospital. C/W Kelch said that she concurred with the Vice -Mayor, as to defacing utilization of this property, and would prefer to have this item tabled for additional research. Mr. Gross said that because the meeting would be reconvened on Monday, April 14, he felt that FP & L could research the area with the County, and return at that time. Mr. McCaughey said that he would confer with their Engineering Depart- ment, and report back to Council on Monday. Mayor Falck said there was concern about the property and also the people, because of the availability of electricity. V/M Massaro felt that the exact location should be staked -out. Also, if FP & L is not able to obtain the property on the southwest side from the County, or whoever owns it, that a provision be made for movement of the facility, if it is placed in the originally planned location. C/M Disraelly WITHDREW HIS MOTION, and C/W Kelch WITHDREW THE SECOND. 10. Bid Award - Police De artment - Temp. Reso. #1581 - Discussion and possible action to award a bid for new vehicles. SYNOPSIS OF ACTION: Approved - 7 vehicles RESOLUTION NO.R- O �:/�%�PASSED. Gary Fronrath Chevrolet, Inc. T The City Attorney read Temp. Reso. #1581, C/M Zemel indicated a deletion of the word and in the second WHEREAS, after New Police Vehicles to the lowest. C/M Disraelly indicated that line 7 in the report, on the ruled paper, states six (6) vehicles to be deadlined, except for vehicle #15. The other four (4) vehicles, outside of the work accomplished at the Public Works Department, indicated expenditures in excess of $500.00 for each of the vehicles,with outside labor, parts and materials. He further noted that the deadlined autos would either be "junked, -10- 4/9/80 mr/ I F..... scavenged or cannibalized", or possibly be transferred to another area of the City. Mr. Gross said that his recommendation was for seven (7) vehicles; also an attachment indicating a breakdown of the police units, as enumerated by Lt. Stuurmans and Chief Roche, as to where the vehicles are located, and those to be taken out of service. He further stated that six (6) vehicles would be taken out -of -service, because of the additional manpower needs for the department. Acting Chief Roche said that the purpose of the cars was also for cross -training officers, which involved additional vehicles. He further indicated that an older unmarked vehicle could be used for surveillance in various sections of the City during the night. Chief Roche advised that the new vehicles would be Malibu Chevies. Mayor Falck said that he recently read a detailed analysis released by Consumer Reports, on maintenance of cars, their stability and survival. Mr. Gross said that only one company bid at this time, because police cars are not being manufactured in volume, due to the different equip- ment. But, he said the cars are needed, and older, more abused auto- mobiles, with 130,000 to 140,000 miles should be replaced. He also stated that cars being used by detectives are not involved in the same type of service or road -time per day as the patrol cars, which are used 24 hours a day, and 7 days a week. Chief Roche said that the majority of cities, including the Sheriff's Office, are using Malibu automobiles, with excellent reports. Mr. Gross responded to C/M Zemel's inquiry, by stating that mechanics would be sent to the General Motors school in Jacksonville, which involved a three-day course; in order to familiarize them with the automobiles. C/M Zemel MOVED that Temp. Reso. #1581, awarding a bid for seven (7) new police vehicles, under Bid #80-07, be approved, and. be awarded to Gary Fronrath Chevrolet, Inc., Ft. Lauderdale, Florida,for the unit price of $7,371.92, and a total amount of $51,603.44. C/W Kelch SECONDED the motion. Mr. Gross said that it was the intention of the City to not sell the six (6) automobiles, until they are cannibalized, with the non -usable parts being sold. Lt. Stuurmans advised that five body shields could be purchased separately, and is not included in this bid package. VOTE: ALL VOTED AYE. 13. Fire Department - Discussion and possible action on personnel needs. SYNOPSIS OF ACTION: Approved the hiring of 2 people, effective 5/l/80. Mr. Gross said this item involved a request to hire two men that were originally scheduled for June lst, and employ them as of May 1st. This would permit the time to train these men for the opening of the new fire station, which monies were available. C/M Disraelly agreed with the recommendation of the Fire Chief, and moving -up the hiring period. He then MOVED that the City Manager be authorized to have the Fire Department hire two people, effective May lst, instead of June lst, 1980. C/W Kelch SECONDED. VOTE: ALL VOTED AYE. C/W Kelch inquired whether the Bailey Road Fire Department was to be informed of the opening date of the East -side Fire Station, to which the City Manager replied that they were contacted. He also noted that it is now a County Fire Department, and the contract is on a monthly basis, which has not been renewed;and with notice having been given as of May 1st. -11- 4/9/80 mr/ LEGAL AFFAIRS 20. Woodmont - Grant of Easement E-12 - Temp. Reso. #1589 - Discussion and possible action to repeal Resolution No.R--80-39, which accepted a Grant of Easement, and accepting a corrected Grant of Easement offered by Tract 76 Corporation and City National Bank of Miami. SYNOPSIS OF ACTION: Approved RESOLUTION NO.R- �Jp 15PASSED. The City Attorney read Temp. Reso. #1589, and advised that Council has taken action on the easement, but there was a typographical error on the part of the surveyors. V/M Massaro MOVED for the adoption of Temp. Reso. #1589, and C/M Disraelly SECONDED. VOTE: C/W Kelch - Aye C/M Zemel - Absent from dais C/M Disraelly - Aye V/M Massaro - Aye Mayor Falck - Aye 28. Newspaper Collection - Temp. Ord. #619 - Discussion and possible action to require preparation and separation of newspapers. First Reading. SYNOPSIS OF ACTION: Adopted on 1st Reading The City Attorney read Temp. Ord. #619. C/M Disraelly said this item was previously discussed, with the indication that it would proceed, once the ordinance is passed. Also, changes, he said, would be instituted with the garbage collectors. He MOVED to adopt Temp.Ord. #619, on first reading, and C/W Kelch SECONDED. C/M Disraelly explained that a contract will be prepared with Durbin Paper, for such collection, with a minimum of one day per week throughout the City. He also said they will place advertisements in the newspaper to advise the residents of the collection day. The City, he said, will receive 10% of the proceeds of the paper that is weighed -in at Durbin; with a guaranteed floor of $18.00 a ton. He also stated that the price of paper today is approximately $40.00, and $4.00 per ton will be re- ceived. C/M Disraelly said that discussion was held with Browning -Ferris Inc., and a contract will be prepared by the City Attorney, whereby the cer- tified tonnage that is established by Durbin, will warrant a refund to the City for 500 of the dumping charge from BFI, in addition. The present cost of dumping is $9.00,, and $4.50 will be reimbursed for every ton of paper delivered, and the City will save a minimum of $13,000.00. He also advised that it would be obtained from the condominiums. Mr. Milt Klika inquired as to independent contractors being put out -of - business, to which C/M Disraelly stated that the ordinance has a pro- vision to that effect. He additionally stated that the newspaper ad- vertising would be paid by Durbin, as to separation of papers, and also pick-up days; with additional notification by the Presidents' Council. Mr. Birken said that prior to notification of the residents, a contract would be required, and modification with Browning -Ferris, Inc., by amending the contract to provide that a Franchisee can pick-up the garbage. He also said that an Agreement and a Franchise Ordinance has to be prepared, granting a franchise to Durbin for paper pick --up, and will not be fully implemented in two weeks. In response to Melanie Reynold's question as to the effective date, the City Attorney replied that it was approximately six weeks, and said there is a violation to the ordinance, if someone else does pick-up the papers; such as 90 days in jail or a $500.00 fine, or possibly both. C/M Disraelly replied to a further inquiry of Ms. Reynold's, by stating that the word "licensed" should remain in the ordinance, in order to have control over the monies that come into the City. C/M Zemel inquired as to whether wet newspapers would be taken, to which C/M Disraelly replied that this was discussed with Durbin, and 4/9/80 -12- mr/ who determined that the water is computed by meters, and would be their responsibility for pick-up. Tape C/M Zemel requested that a safeguard be included for individuals taking Side papers from a stacked area, and the fine that would be involved, to #4 which the Vice -Mayor said this is difficult to put into an ordinance. Mr. Harry Weisenberg advised that the Durbin Paper Company refused to pay the AMVETS, after pick --up was made each week, in order for them to earn monies and purchase a means of transportation for taking the Vets to the hospital. But, he said, since that time, Broward County has instituted such a program. Mr. Weisenberg said the dumpster was located on 110th Avenue, where the papers were placed every Sunday. He said that Durbin picked up the papers, reduced the prices, and re- fused to pay over $200.00. He felt they should be investigated, and the City Attorney should be aware of this. Mayor Falck indicated that Council will take the necessary precautions in licensing, and the fulfillment of a contract. VOTE: ALL VOTED AYE. MEETING WAS RECESSED FOR LUNCH, TO 1:30 P.M. MEETING WAS CALLED TO ORDER, ROLL CALL TAKEN, AND ALL PRESENT. COMMUNITY DEVELOPMENT 35. Woodmont Country Club - Revised Site Plan - Discussion and possible action on request to reconsider Council action of March 26th, concerning the proposed tennis equipment building. SYNOPSIS OF ACTION: Tabled to recessed meeting of 4/14 80, pending additional information from applicant. Marvin Weiss, representing the Country Club, said that the building was of pre-fab construction, but was not temporary, and would be used for storage of tennis court equipment. fie added that it was .located in the rear of the courts, had passed Dade County product approval, and was a nice -looking building. He responded to a question of C/M Disraelly, by stating that the chain link fence was temporary, and the concrete slab and walk have not been installed to -date, but the existing large slab is for the tent. C/W Kelch also felt that it was to be temporary, with approval of such use for one year. She said that construction of a shed would not ex- ceed a period of more than one year, and should conform to tie --down re- quirements. V/M Massaro indicated that approval was given as a temporary structure, and if consideration is to be made for a permanent installation, then Council would be required to view this in a different manner. She added that approval was given, due to the fire that occurred, and to make life as easy as possible, particularly for the residents, because of the rec- reational facilities, and storage of equipment. The Vice -Mayor said this was a cooperative effort on the part of the City Council, but ad- vised that a permanent structure would need to be reconsidered. Mr. Weiss said that permanent storage is required for the tennis equip- ment, and reiterated that it was in an area which was not easily viewed. He did state that there were two steel buildings located somewhat further, with one for the Maintenance Department, and the other housed the little golf course carts. C/M Disraelly stated that Gene Toll, the developer, expressed concern of a shed in the area, because he was building approximately 200 feet from the area, with involvement on Tract 64. Don Rafice of Montwood, Inc., said that the Council could be supplied with a rendering of the facility; also including the landscaping. He said it would be an aluminum shed, and it was for the purpose of storage and materials, to which the Vice -Mayor responded that they were not interested in approval for a temporary structure, but a permanent one. -13- 4/9/80 mr/ V/M Massaro said that submission should be made to Council, which could be accepted and recognized as a permanent structure, with aesthetic quality to the residents in the area. Mr. Weiss said that materials and equipment were being affected by the weather, and would appreciate consideration of this item on Monday, 4/14, at Council's recessed meeting. It was noted by Mr. Weiss, that he would advise Gene Toll of this. C/M Disraelly inquired as to submission of the sign requests, to which Mr. Weiss replied that he spoke with Mr. Pisano, and would have this prepared for Monday. V/M Massaro MOVED to table the item to Monday, April 14, for the recessed meeting, and C/M Disraelly SECONDED. VOTE: ALL VOTED AYE. 34. Sands Point - Bond Release - Temp. Reso. #1239 - Discussion and possible action to release cash landscape bonds for certain buildings in this condominium complex. SYNOPSIS OF ACTION: Adopted, as amended. Bonds released for buildings L, M, P and R, but H and K to be retained. Additional release of bonds to be considered once drainage has been corrected, and inspection made by the City Engineer. The City Attorney read Temp. Reso. #1239. RESOLUTION NO. R- JOY,9,Z PASSED. C/M Disraelly indicated a correction on line 10, from City Engineer to Chief Building Official. He also noted that he was in receipt of a report from Al Miller, the Acting Chief Building Official, dated 3/17/80, which indicated that a beautification inspection was conducted on 3/10, and buildings H, K, L, M, P and R requirements were met, and the release of the bonds have been satisfied. C/M Disraelly further added that bonds for buildings S, T and V were being held and outstanding; also the problem of drainage between buildings H and J necessitated holding those bonds. He reiterated that Mr. Miller and the Plumbing Engineer both concurred that the beautification bonds could be released. C/M Disraelly said that he inquired of Larry Keating and Rafael Pena, as to the drainage problems between buildings H and K, but has not re- ceived a final report as to its completion. Larry Levine, the developer, advised that the "puddle" problem in the vicinity of building H, has been corrected, with resurfacing and elimina- tion of the defective area. He also stated that a meeting will be held on Friday, 4/11, with the Homeowners Engineer, for review of this specific problem, to determine if additional remedial work has to be done. He felt that the work has been accomplished, with invoices being paid for the problems between buildings H and J, but the Homeowners and their Engineer would be required to approve this. V/M Massaro inquired as to the various bonds, to which C/M Disraelly responded that the landscaping bonds were cash, and the drainage involved surety bonds. She was also reluctant to release bonds, as to the cor- rection of drainage, and was sympathetic to the people living under certain conditions. She felt that the bond for H and K buildings should be held, and release be permitted for L, M, P and R. Mr. Levine said that Council is still holding subdivision improvement bonds, which relate to drainage problems, and will be resolved. C/M Disraelly MOVED that the bonds be released for buildings L, 11, P and R, and V/M Massaro SECONDED. Melanie Reynolds said that in the rear of buildings K, L and M, it was not beautiful. She also noted that Mr. Levine did not give landscaping for Phase 4, but just a typical plan. Ms. Reynolds advised that very often she is not able to exit from building L, due to excess water, which has existed for a long period of time. C/M Disraelly said that he reviewed the beautification with Dick Rubin -14 4/9/80 mr/ and Evan Cross, and it does conform with the requirements of the City. He also noted that some trees were replaced, because they were of im- proper size. C/M Disraelly said that unfortunately he was not informed as to the problems in front of building L, at the time that H and J were discussed; which has been on -going since September of 1979. VOTE: ALL VOTED AYE. Mayor Falck advised that the bonds would be released, and at the time that satisfactory evidence is presented for the drainage, then they would also be released. C/M Disraelly said the figure amounted to $7,566.00. V/M Massaro inquired of Mr. Levine,as to completion of the drainage, to which he replied that it should be accomplished within 30 days. She then MOVED that the request for the release of the other cash bonds not be brought back until Mr. Levine submits the necessary evidence that the drainage has been corrected, and C/W Kelch SECONDED. Mr. Levine voiced his objection to the withholding of monies for beautification, to which the Vice -Mayor stated that certain areas have not been completed properly, and felt that this particular condition should be investigated. V/M Massaro further stated that the City Engineer will be requested to examine the drainage and view the area, and, if it is not correct, then formal notice will be given to Mr. Levine and the surety people. She said that until that time, no action will be taken. C/M Disraelly said that the City Engineer has been in the area, but he has not officially received a formal answer. VOTE: ALL VOTED AYE. PUBLIC HEARINGS 15. Handicapped Park Requirements - Temp. Ord. #730 - Amending Code Section 18-7 modifying the depth of these spaces, and reducing the required number, etc. Discussion and possible action. Second Reading. SYNOPSIS OF ACTION: Approved on 2nd Reading, ORDINANCE NO.O- 80 -�/ PASSED. with deletions, as indicated. The City Attorney read Temp. Ord. #730. Mayor Falck opened the discussion to the public. Harold Newman of Westwood 23, inquired about the enforcement of handi- Tape capped spaces, to which the City Attorney responded that the State Side Statute requires compliance; with the citation to be personally given #5 to the driver by the Police Department. He further stated that a notice on the vehicle was not adequate, especially if it was going to be con- tested. Mr. Birken also stated that it could be a burden on the Officer to wait for the driver of the vehicle, but during Chief Stocker's employ- ment with the City, it was noted that misdemeanors have been enacted by ordinance, under the Florida Statutes. He also said that it was con- ceivable and possible that citations for violations of City ordinances could be issued, with the burden of proof being somewhat different. Mayor Falck closed the discussion to the public, because there were no further comments received. C/M Disraelly noted a recommendation by the City Attorney, whereby the language on page 2, beginning with line 17 to line 21 1/2, should be deleted, because it is covered under the normal City Code, and would be redundant. He said this would include the last three words on line 17, and continuing through the word "provisions" on line 21. C/M Disraelly said that it was determined that many handicapped parking spaces were not being utilized in most shopping centers; and this deletion would enable the City's Ordinance to conform to the State, by reducing the amount of handicapped spaces. C/M Disraelly MOVED for adoption of Temp. Ord. #730, on second and final reading, with deletions, as indicated on page 2, and C/W Kelch SECONDED. -15- 4/9/80 mr/ VOTE: ALL VOTED AYE. 16. Site Plan Review Fees - Temp. Ord. #739 - Amending Code Section 7-8.4 by providing that these fees be set by Resolution. Discussion and possible action. Second Reading. SYNOPSIS OF ACTION: Approved as amended, ORDINANCE NO.O- PASSED. on second and final reading. The City Attorney read Temp. Ord. #739, and indicated a correction in the title, from effect to "effective". Mayor Falck opened the discussion to the public, and closed it because there were no comments received.. V/M Massaro MOVED that Temp. Ord. #739 be approved on second and final reading, as amended, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. The City Attorney recommended that Temp. Reso. #1591 be AGENDIZED BY CONSENT, which would establish the Site Plan Review Fees. 49. Site Plan Review Fees - Temp. Reso. #1591 - Discussion and possible action. SYNOPSIS OF ACTION: AGENDIZED BY CONSENT RESOLUTION PASSED. Approved by resolution. C/M Disraelly MOVED to AGE14DIZE BY CONSENT a resolution setting fees for site plans, as relates to Temp. Ord. #739, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. The City Attorney read Temp. Reso. #1591, and C/M Disraelly MOVED for its adoption, because it conforms and legitimatizes what was previously enacted, and V/M Massaro SECONDED. VOTE: ALL VOTED AYE. 17. Cit Petition #9-Z-80 - Ca orella Park - Discussion and possible action to approve a rezoning from R-IB to S-1 on the east side of Prospect Road, 300 feet north of Commercial Boulevard, extending north 700 feet - by Temp. Ord. #743. SYNOPSIS OF ACTION: Approved on 1st Reading, as amended. The City Attorney read Temp. Ord. #743. Mayor Falck opened the discussion to the public, and closed it because there were no comments received. C/M Zemel noted that on page 1, at the end of line 19, the word "by" should be inserted. V/M Massaro MOVED that Temp. Ord. #743 be approved on first reading, as corrected, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. LEGAL AFFAIRS 29. Site Plan Review Regulations - Temp. Ord. #714 - Discussion and possible action to prohibit review of site plans not approved at the same time as a plat within 6 months of such plat approval. First Reading. SYNOPSIS OF ACTION: Held for additional input. (See page 18) The City Attorney read Temp. Ord. #714, and advised that he sent a memo to Council on 12/31/79, setting forth the rationale for this ordi- nance. He said this would permit Council to be aware of the property being platted, and its use. Mr. Birken said that many situations have occurred whereby plats were submitted, but site plans were not presented until the plat review process was taking place. It was noted by the City Attorney that it is not always reasonable to require platting and -16- 4/9/80 mr/ site planning at the same time, and felt that enactment of the ordinance would provide knowledge and input to Council for development plans involving a piece of property. C/M Disraelly confirmed the fact that a parcel of property could be platted, but if the site plan is not submitted at that time, it would not be approved for six months. V/M Massaro inquired about the ordinances for site plan and recreation fees, to which Mr. Birken stated that there were two ordinances pre- pared, which were presented to the Planning Commission for public hearings. One, he said, would eliminate the option of dedicating land for the use of future owners, and was prepared two weeks prior to the second one. The second ordinance, he said, required payment of park and recreation fees at the time of site plan approval for platted property. He said this involved property either platted in the County, before park and recreation dedication requirements existed, or property platted in the City before their requirements were in effect. V/M Massaro felt that Temp. Ord. #714 should not be adopted, until action has been taken on the park and recreation fees. She inquired whether this ordinance was required to be presented to the Planning Commission, to which Mr. Birken indicated that it was necessary to do this, prior to Council's consideration. He requested that Council hold this item until inquiries have been made. 30. Beautification Committee Duties - Tea. Ord. #715 - Amends Section 6 and 7 of the Code transferring certain duties from the Planning Com- mission to the Beautification Committee. SYNOPSIS OF ACTION: Approved on 1st Reading The City Attorney read Temp. Ord. #715. C/M Disraelly advised that this item was proposed and discussed at a Pre -Agenda Workshop meeting, also, at the 3/26/79 Workshop, with input. He said it was the feeling of Council that the Beautification Committee should have the landscaping plan duties along with the sign ordinance. C/M Disraelly further stated that they would have adequate time for such consideration, because the Planning Commission has plat and site plan determinations to be made;also pertaining to Section 28 of the City Code. He stated his approval of the transfer of duties to the Beautification Committee. C/M Disraelly then MOVED for the adoption of Temp. Ord. #715, on first reading, and V/M Massaro SECONDED. Melanie Reynolds indicated that she has followed the Beautification Committee since its inception in 1972, and disagreed with C/M Disraelly that they were an excellent group. It was her feeling that they were not all capable and qualified, and would require additional qualifica- tions for the handling of landscaping. V/M Massaro felt assured that if the proper material was given to this Committee, for their consideration, along with additional duties, it would promote more interest in this area, and involve a greater incentive. She then stated that she was happy to have seconded the motion. Ray Baade, Chairman of the Beautification Committee, discussed the adequacy of the signs, and felt their effectiveness was a problem due to the non-conformance of the ordinance, as relates to the signs. He indicated his service on the Beautification Committee in 1975, 1976, and 1977, when landscaping review was considered to be part of their duties. Mr. Baade said that he was not a qualified landscape engineer, nor was any member of the Committee, at that time, but familiarity with the ordinance was necessary. Harold Newman inquired about the fruition of the landscaping, especially the nursing home on 88th Avenue, for trees, shrubs and lawn maintenance, to which C/M Disraelly stated that the City Manager has a memo on the enforcement of the landscaping at the nursing home. It is, he said, called to the City Manager's attention, after reports have been sub- mitted by Planning Commission members to their Chairman. VOTE: ALL VOTED AYE. -17- 4/9/80 mr/ 29. Site Plan Review Regulations - Temp. Ord_. #714 - sible action to prohibit review of site plans not same time as a plat within 6 months of such plat Reading. SYNOPSIS OF ACTION: Tabled for further consideration. (See pages 16 & 17) Discussion and pos- approved at the approval. First Mr. Birken reported that the Planning Commission considered this ordinance on 1/16/80, with two minor comments being recommended; line 2 of the title, it was suggested that a comma be inserted, after the word "plans", and on line 15, the word within should be removed, and be substituted with "before". V/M Massaro felt that single-family and multi -family should have a requirement written in for the payment of recreation fees, and felt there was no reason to withhold site plans for six months. ivir. iBirken said problems. arose last year with COILULtercial properties, with concern as to use of the property, upon submission of the plat. At that time, he was requested to prepare an ordinance requiring sub- mission of site plans and plats at the same time, which he did not feel was reasonably possible. He said that subsequent to his memo of 12/31/79, he did not recall any input .from Council. Kr. Birken said that frequently and legitimately the basis for the sale of property, was that it be platted. V/M Massaro felt that the purpose of platting for purchase or sale of property, wasdue to requirements being placed, especially as related to roads. These considerations, she said, sometimes precludes a developer from site planning property, but would not approve a penalty being inflicted. She then MOVED to table this item, until further consideration could be given, and C/M Disraelly SECONDED. VOTE: ALL VOTED AYE. COMMUNITY DEVELOPMENT 36. Faith United Church - Discussion and possible action on request for directional signs. SYNOPSIS OF ACTION: Council's motion was for Mr. Dohl to submit his request to the Beautification Committee. Ray Baade, Chairman of the Beautification Committee, advised that December of 1979, Mr. Dohn, who was a representative of the Church, contacted the City Council. The purpose, he said, was for approval of three 24 X 36 inch metallic directional signs. He said, thereafter, three sites were visited, for viewing of the recommended areas for location of the signs, to assist parishioners and visitors in locating the Church. He determined that the three sites would be logical loca- tions for exposure, and also submitted copies of a memo to Council, on a meeting with Mr. Dohl. The need, he said, was to stay within 10 feet of the right-of-way, to get property owners permission and consent for such display, and, also get these items agendized before City Council. He also advised that it was necessary to draw a rough or fairly smooth plot plan, in order for Council to understand the relation to an inter- section or canal. Thereafter, he was surprised to find these signs erected, because he did not notice any indication of this request on Council's agenda. He later found that these signs were placed without Council approval; which were removed, as per the Code Enforcement Officer. C/M Disraelly referred to a letter from Rev. Don Stauffer, the Pastor at the Faith United Church, to Dick Mercer of the County, requesting that a small sign be placed at the end of 57th Street, on Commercial Boulevard. He said that based on a sketch, it was understood that the sign would be placed on the "turnabout" at the end of 57th Street, where it comes to the berm. This, he said, was to be a sign post, which was similar to a stop --sign, at the prescribed height of a 2X3 foot sign, north of the sidewalk. Mr. Baade said this would be at the end of the old "S" curve. 4/9/80 mr/ L _ J F -1 C/M Disraelly also noted that the sketch indicates 10 feet from the sidewalk. Mr. Baade informed Mr. Dohl that the end of the "S" curve would require City Council approval, because he did presume that it was City property; also, another location, at the corner of Steak and Ale, would require their permission, which is on private property. The third location requested, he said, was at the canal, crossing 64th Avenue, north of 57th Street, to which C/M Disraelly advised was considered to be North Lauderdale. Mr. Baade additionally stated that this has not been pre- sented to the Beautification Committee, and the ordinance does require application. Mr. Birken said that Section 11 of the ordinance does provide applica- tion for an .exception or waiver from the City's Sign regulations, with payment of a $25.00 fee; also, noting all required information on the petition. Thereafter, it would be submitted to the Building Department and Beautification Committee, which would then be presented to the City Council. He also said there was a specific prohibition about signs in a public right-of-way, and waivers. V/M Massaro said that new rules cannot be established at this time, Tape and MOVED that Mr. Dohl be notified to take this to the Beautification Side Committee, and go through normal channels. C/M Disraelly SECONDED, #6 and felt that Mr. Baade should be contacted as to procedures. VOTE: ALL VOTED AYE. LEGAL AFFAIRS 31. Bingo Regulations - Temp. Ord. #729 - Discussion and possible action to exempt the City from County regulations and redefining areas in the City where bingo games may be operated under certain conditions. First Reading. SYNOPSIS OF ACTION: Approved on 1st Reading, as amended. The City Attorney read Temp. Ord. #729, and said that on page 2, a blank has to be completed, for the number of years an organization has to be located in Tamarac. Also, he advised, that a non-severability provision has been included, which could refer back to the County Ordinance. V/M Massaro suggested that a time limit be included for not less than two or three years, in the area left blank. C/M Disraelly said that on page 1, line 28, the first five words to be' underlined, "as otherwise set forth herein"; also, on page 2, line 2, the word "corporation" should be inserted, after the word firm. He added that on line 5, the words "non-profit" should precede organiza- tion; with the number to be inserted on line 6, should be"three (3) years,"as to new organizations being involved in the City. C/W Kelch indicated that the Planning Commission recommended addition of the word "corporation", and "three (3) years"; also suggesting that the following language be added after years, on line 7; "and is in compliance with the Land Use Plan of the City of Tamarac". C/M Disraelly MOVED that Temp. Ord. #729 be adopted, as amended, on first reading, and C/M Zemel SECONDED. Mr. Gross said that the Police Athletic League, a new organization with the City, has been in existence less than 6 months, and discussed a fund-raising activity of bingo. Peter Fatizzi represented the Italian -American Club in Tamarac, which is a non-profit charitable organization, and fosters civic activities such as scholarships, sponsorships, etc. He said they have approxi- mately 250 members, with 950 of the members being residents and tax- payers in the City. Mr. Fatizzi said this resolution would prevent private organizations and enterprises from sponsoring bingo games, which distributes monies out of the City. -19- 4/9/80 mr/ r C/M Disraelly inquired as to which Mr. Birken stated and County Ordinance, with VOTE: ALL VOTED AYE. COMMUNITY DEVELOPMENT to two bingo games per that it was included reference being made week being permitted, in the State Statute in the City's Ordinance. 39. Southgate Gardens- East - Discussion and possible action on: a) Site Plan b) Landscape Plan c) Vacation of Drainage Easement - Temp. Reso. #1582. d) Grant of Utility Easement - Temp. Reso. #1583. e) Grant of Canal Maintenance Easement - Temp. Reso_. #1584. SYNOPSIS OF ACTION: a) through e) Tabled to the 4723/80 meeting. V/M Massaro said the information relating to this item was not avail- able, and the agreements were not executed, nor finalized. She stated that Mr. Toll came in this morning, and he indicated that he was not ready to have the item presented to Council. She then MOVED that the item be tabled to the next regular meeting of April 23, 1980, in order to permit Mr. Toll and Mr. Birken to arrive at a conclusion, for submission of agreements, and C/M Disraelly SECONDED. VOTE: LEGAL AFFAIRS ALL VOTED AYE. 21. All Florida Sanitation - Renewal of Commercial Garbage Collection Franchise - Temp. Ord. #744 - Discussion and possible action to renew this franchise for one year. SYNOPSIS OF ACTION: Approved on 1st Reading, with City Manager to provide additional input. The City Attorney read Temp. Ord. #744. C/M Disraelly inquired of the City Manager, as to whether the fees have been paid by all the companies, prior to the loth of the month; whether copies of insurance policies are on file with the City; also, deposits of $2500.00 have been submitted by all the companies, as a requirement, or a three -months fee. He further asked whether an annual audit has been prepared for each of the companies. Mr. Gross responded that the fees were being paid, but could not guarantee that it was by the tenth of the month; that insurance policy copies were on file; also, that originally $2500.00 deposits were re- ceived from all the companies, but would review this area, to determine if they were still valid. V/M Massaro felt that the Finance Department would arrange the audit, and prepare a report, to which Mr. Gross advised that to his knowledge an annual audit was not prepared, and would suggest that the items be tabled to the 4/14/80 recessed meeting. Mr. Birken advised that the franchises will expire at the end of the month, and felt that approval could be given on first reading, at this time. C/M Disraelly reiterated the items to be researched by the City Manager; 1) payments being received each month, 2) copies of insurance policies, 3) deposits of $2500.00 or three months fees, whichever is greater, and 4) that an annual audit has been received from the companies, which has been checked and approved by the Finance Officer. C/M Disraelly said that no action will be taken on 2nd Reading, until submission of those items have been acknowledged. He then MOVED to approve Temp. Ord. #744 on first reading, with the understanding that the City Manager submit the required information to Council by next week, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. 4/9/80 -20- mr/ 22. All Service Refuse Co. - Renewal of Commercial Garbage Collection Franchise - Temp_ Ord. #745 - Discussion and possible action to renew this franchise for one year. SYNOPSIS OF ACTION: Approved on 1st Reading, with additional input to be submitted by the City Manager. The City Attorney read Temp. Ord. #745, and V/M Massaro MOVED for its approval on first reading, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. 23. Browning -Ferris Industries of Florida - Renewal of Commercial Garbage Collection Franchise - Temp. Ord. #746 - Discussion and possible action to renew this franchise for one year. SVNnPSTS nP ArTTON: Approved on lst Reading with additional City Manager. input to be submitted by the The City Attorney read Temp. Ord. #746, and C/M Disraelly MOVED for its adoption on first reading, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. 24. County Waste, Inc. - Renewal of Commercial Garbage Collection Franchise - Temp. Ord. #747 - Discussion and possible action to renew this franchise for one year. SYNOPSIS OF ACTION: Approved on 1st Reading, with the City Manager providing additional input. The City Attorney read Temp. Ord. #747, and C/W Kelch. MOVED for its approval on first reading, and C/M Disraelly SECONDED. VOTE: ALL VOTED AYE. 25. Industrial Waste Services - Renewal of Commercial Garbage Collection Franchise - Temp. Ord. #748 - Discussion and possible action to renew this franchise for one year. SYNOPSIS OF ACTION: Approved on 1st Reading, with additional input to be provided by the City Manager. The City Attorney read Temp. Ord. #748, and C/W Kelch MOVED for its approval on first reading, and V/M Massaro SECONDED. VOTE: ALL VOTED AYE. 26. Ronkoma Corp. - Renewal of Commercial Garbage Collection Franchise - Temp. Ord. #749 - Discussion and possible action to renew this franchise for one year. SYNOPSIS OF ACTION: Approved on 1st Reading, with additional input to be provided by the City Manager. The City Attorney read Temp. Ord. #749, and C/M Zemel MOVED for its adoption on first reading, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. 27. Southern Sanitation - Renewal of Commercial Garbage Collection Franchise- Temp.Ord. #750 - Discussion and possible action to renew this franchise for one year. SYNOPSIS OF ACTION: Approved on 1st Reading, with additional input to be provided by the City Manager. The City Attorney read Temp. Ord. #750, and C/M Zemel MOVED for adoption on first reading, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. 4/9/80 -21- mr/ 32. Non -Conforming Uses - Temp. Ord. #732 - Amends Section 28-1 by re- defining this use by removing existing structures from this definition when setback requirements are changed. Discussion and possible action. First Reading. SYNOPSIS OF ACTION: Approved on lst Reading, as amended. The City Attorney read Temp. Ord. #732, and advised that the Planning Commission did not recommend enactment of this ordinance. He said that the Chairman was satisfied with the following language change which was proposed by him, for clarification of intent; on page 2, the underlined language in the last sentence should read; "However, when there are additions to these structures, the additions must satisfy the setback regulations in effect at the time the additions are added". C/M Disraelly said he requested this ordinance, due to the number of people who have appeared before the Board of Adjustment, whereby the sideyard setback requirements in the Woodlands was five (5) feet, at the time of building. At this time, he said, the City Ordinance re- quired a 7 1/2 foot sideyard setback. If, he additionally stated, there was room in the rear of a home, for additions or a swimming pool, it was necessary to appear before the Board of Adjustment, in order to get a variance, which would grant the allowance for the addition, and conform to the City's Ordinance. No provision, he said, was made to grandfather a situation that existed. C/M Disraelly said the ordinance now shows that the City changed the rules, at this time, and the resi- dents can live with the rules as they exist presently. C/M Disraelly MOVED for the adoption of Temp. Ord. #732, on first .reading, and C/W Kelch SECONDED, because it would eliminate hardships, but does not dilute present standards. VOTE: ALL VOTED AYE. 33. Off -Street Parking Regulations -- Temp. Ord. #737 - Amends Sections 18-1 (5) by permitting parking facilities on adjoining property and estab- lishes requirements for reciprocal parking easements. Discussion and possible action. First Reading. SYNOPSIS OF ACTION: Approved on lst Reading, as amended. The City Attorney read Temp. Ord. #737, and indicated that additional language was requested by Council, and also stated that the Planning Commission recommended changes. Mr. Birken said that C/W Belch sug- gested the addition of a requirement; 4)"that the parcels shall be joined in such a way that vehicles may travel from one parcel to the other without going onto the public right-of-way. The traffic pattern between the two parcels shall be approved by the City Council prior to granting of any credit for parking spaces on another parcel". Mr. Birken suggested that the present requirement #3), should be added as #5); with the verbiage which was recommended by the Planning Commission being included as #3) "any driveway or potential driveway connecting the adjoining parcels shall not be computed for calculation of required numbers of parking spaces". C/M Disraelly said that he requested computation of parking and existing parking spaces, and was advised there were 235 spaces. Also, he did ask for a definite breakdown by usage, to which the City Attorney replied that all his inquiries have been answered. C/M Disraelly further added that when action is taken, it has to conform with the City standards, as relates to occupational usage, or a waiver has to be submitted. Mr. Birken said that the State Agency is frozen, as indicated in Section 2, and there will be no deviation as to the exact number of parking spaces required. V/M Massaro MOVED that Temp. Ord. #737 be approved on first reading, as amended. C/M Disraelly indicated the deletion of the word total and insertion of the words "the combined number" in requirement #2) under Section 1. -22- 4/9/80 mr/ I C/M Disraelly SECONDED the motion. VOTE: ALL VOTED AYE. COMMUNITY DEVELOPMENT 40. Tamarac Lakes south - Revised Site Plan - Discussion and possible action to approve a fence surrounding the pool. SYNOPSIS OF ACTION: Approved Mayor Falck stated that this item does tie-in with an existing ordinance, and was "grandfathered" in, with a request by their insurance company to accomplish the .installation of the fence. V/M Massaro MOVED for approval of the fence at the pool in Tamarac Lakes South, and C/M Disraelly SECONDED. VOTE: ALL VOTED AYE. 42. Visual Graphics Corporation - Discussion and possible action to approve an extension of 90 days for submission of a plat. SYNOPSIS OF ACTION: Approved Tape Mr. Gross said that the City has been cooperating with Visual Graphics Side on the engineering they require, as relates to the drainage problems #7 in the area. He felt that the 90 day plat submission extension should be granted. V/M Massaro indicated that because they are working with City to have proper drainage provided, she MOVED that the 90 day extension be ap- proved, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. 41. University CommunitZ Hospital - Revised Site Plan - Discussion and possible action to approve plans for the employee parking lot. SYNOPSIS OF ACTION: To be held for consideration on 4/14/80 recessed meeting. C/M Disraelly said that he questioned as to the entry being on the north or south side. V/M Massaro also inquired about the jogging path which was promised at the hospital site. Mayor Falck established the fact that this item would be heard at the recessed meeting of 4/14/80 at 10:30 A.M. 38. Edgewater Village -- Discussion and possible action on: a) Acceptance of public improvements - Temp. Reso. #1585 b) Partial bond release - Temp. Reso. #1586 SYNOPSIS OF ACTION: Held for arrival of Dick Rubin (see pages 24 & 25) b) V/M Massaro felt this item could be tabled to 4/14/80. REPORTS 43. City Council C/M Zemel said that he received complaints from residents in Lime Bay, as to fast and dangerous traffic coming out of Visual Graphics early in the morning, and then again at 5:00 P.M. in the evening. He did re- quest the Police Chief to investigate this, and was advised that traffic enforcement will be instituted. C/M Disraelly felt that the City Manager should write to each shopping center in the City, advising them of the new Parking Lot Light Ordinance. He stated they are not conforming to the 90 degree downward require- ment. He said at the shopping center where the Italian -American Club is located, there are no parking lot lights at night. -23-- 4/9/80 mr/ J He also felt that the same letter should advise the shopping centers of the new City Sign Ordinance, with a form to be completed, which has been established by Ray Baade and him. Additionally, he stated, they could be made aware of the new Handicapped Parking Ordinance, which would permit them to pick up new parking spaces. C/M Disraelly inquired about the sign to be corrected at Lindsley Lumber, to which the City Manager advised that it is finished, and is beautiful. V/M Massaro said that she has received complaints from Section 7, as to the condition of the roadway, which is serious. She stated that Mr. Gerren of the D.O.T. was aware of the situation, and felt if a particular area required the most relief, he would attempt to include a traffic light into the original contract. The Vice -Mayor suggested the installation of a twin light at 50th Avenue and Commercial Boulevard. She added that the median has been removed in the area because the entire road is being shifted, but would be restored approximately in one year, or in the future. She said there were six lanes of traffic open, with no road markings, and a constant flow of traffic going east and west. She also said that twin lights on 50th Avenue, would also serve the people coming from 49th Avenue. Mr. Gross said that the Community Service Aid could be used, when available, during the hours of 8:00 to 9:00 A.M. and 4:00 to 5:30 P.M., Monday to Friday, for assistance on 50th Avenue and Commercial Boulevard. V/M Massaro requested that the City Manager inform the Presidents in the area, as to police assistance and the use of the twin lights, to which Mayor Falck also added that the people in Section 6 should be advised. V/M Massaro additionally stated that the condition of Commercial Boule- vard, and the extreme "pot --holes" in the road, are unconscionable, and causing damage to the automobiles. She said that Mr. Gerren advised that Williams, Hatfield & Stoner were responsible for "getting after" the contractors. 45. City Attorney Mr. Birken said there was a re -hearing on the garbage case, before Judge Latimer, on Monday, and the plaintiff's motion was denied. They have a right to appeal within 30 days to the Fourth District Court. 44. City Manager Mr. Gross said that a greater portion of his report was made on the sewer plant, which was Item #1 on the Agenda. He indicated that there were no major problems during the rainstorms, because of the work that was accomplished on drainage. He noted that in Sections 23 & 2.4 people were adding "greenery" around the catch basins, which was causing more flooding problems. He stated that the properties were built for proper drainage to the catch basins, with valley gutters between the homes. The City Manager indicated that the people would be notified to remove the beautification around the area of the catch basin,aprons, and swale right--of-way, or the City will be obligated to do this. COMMUNITY DEVELOPMENT 38. Ed ewater Village - Discussion and possible action on: a) Acceptance of public improvements - Temp. Reso. #1585. b) Partial bond release - Temp. Reso. #1586. SYNOPSIS OF ACTION: a) Adopted, and RESOLUTION NO.R- p- Op PASSED. b) Tabled to 4/14/80 a) The City Attorney read Temp. Reso. #1585. Dick Rubin voluntarily submitted an application for his services to be used on any Committee that Council would consider, for one day per month. -24- 4/9/80 mr/ V/M Massaro confirmed the fact that an additional bond for the sidewalk and sodding of the swale, would be difficult to obtain. She determined, after review, that the swale could not be seeded, because the Ordinance required sodding, to which Mr. Rubin concurred. She also noted that the City Engineer's recommendation as to the bond for the sodding and sidewalks, is valid. The Vice -Mayor said that Mr. Keating was going to check the South Florida Building Code, as to a conflict, with sidewalk installation and sodding of the Swale areas; and required inspection to be delayed until that period of time. She also requested that Mr. Keating determine whether the proper fees were paid for the beautification, but has not received a response to -date. V/M Massaro further stated that the landscaping for duplexes was not on -site in the swale areas, and did require a fee; with a side- walk always requiring a fee, plus beautification of entrances. The Vice -Mayor said there is a fee in the amount of $5,766.82 due for subdivision improvements, to which Mr. Rubin concurred, and said that he has the authority to submit a check to Council this day, plus any other additional fees required by law. V/M Massaro also indicated that the City Attorney has to review the area for adequate protection to the City, without a bond for the sidewalks and swales. Mr. Rubin said that the site plan which was originally approved by the City Council, always indicated a four (4) foot sidewalk throughout the project. V/M Massaro said that it was noted in the Letter of Credit, that these improvements were included. Mr. Birken felt there was nothing better than a bond, but the City could be protected with a contract, whereby final inspections or C.O.s would not be made, until the sod and sidewalks are put in. He also stated there was another item which was not addressed, for additional beautification, and monies that the Post Office was to reimburse the developer. V/M Massaro said those monies would not be reimbursed until the subdivision improvements have been approved, with the Post Office check being sent to the City. Mr. Rubin read a particular paragraph in a letter from the Post Office,_ gated 6/28/79, to the City, wherein the reimbursement figure -was noted to be $11,587.40. He also said that the City of Tamarac would be required to submit invoices, which Homeland Enter- pri6es-wi.1l supply. Also, he noted that the City has to submit a statement indicating that the street construction is completed, to the satisfaction of the City. Tape Mr. Rubin additionally stated that approximately 11 1/2 mos. previous Side a Developers Agreement was entered into with the City, and felt #8 that Council did realize that they have fulfilled their obligations. C/M Disraelly then stated there would be no problem if Homeland Enterprises gives the City a recordable document, which would in- dicate installation of the sod and sidewalk for each home, before requesting final inspection, and would be a condition of the C.O. He also noted that when no more than 75% of the homes in the subdivi- sion have received building permits, then all sidewalks and sodding will be installed, after construction has taken place. And, he said, under those circumstances, the City Council will approve the release of the Subdivision improvement Bond with a Letter of Credit, subject to 25% Maintenance and Performance Bond, deleting proviso 1. Mr. Birken said that Temp. Reso. #1585 would be accepting the roads by releasing the bond, also the other public improvements, which refers to water and sewer lines. lie also said that acceptance of the road could be handled by adding another section to the resolution. The City Attorney recommended the following amendment; "The City also accepts responsibility for,and maintenance of all public im- provements on the property described in Exhibit "A", subject to --25- 4/9/80 mr/ the posting of a bond or Letter of Credit, covering necessary work; to be performed on said public improvements for a period of one (1) year from this date. Not accepted at the present time are the sidewalks and sod in swales and medians, which would be subject to another agreement. Mr. Sirken said that Temp. Reso. #1585 could be accepted "as is", with another resolution being prepared for the recessed meeting of 4/14/80, in acceptance of public improvements. C/M Disraelly MOVED that Temp. Reso. #1585 be approved, and C/W Kelch SECONDED. Mayor Falck advised that Temp. Reso. #1585 is being considered this day, and Temp. Reso. #1586, along with public improvements, could be handled at the recessed meeting. VOTE: ALL VOTED AYE. Mr. Rubin said that on Monday, April 14th, he will have the letter prepared on the recordable document, stating compliance with the sod and sidewalks, which will give additional protection to the City. b) C/M Disraelly discussed Temp. Reso. #1586, as to clarification of items to be deleted, plus the agreement and payment to be handled on Monday, 4/14/80. He then MOVED to table Temp. Reso. #1586 to Monday, 4/14/80, at the recessed meeting, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. MEETING WAS RECESSED TO MONDAY, APRIL 14, 1980, AT 10:00 A.M. ATTEST: Th's ublic document was promulgated at a cost of $ O0 3 , or $ •( per copy, to inform the general public and publ c officers and employees about recent opinions and considerations by the City Council of the City of Tamarac. -26- APPROVED BY CITY COUNCIL ON „4 q F0 4/9/80 mr/