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HomeMy WebLinkAbout1981-04-08 - City Commission Regular Meeting Minutesp. 1 P. 0. Box `d5010 TAMARAC, FLORIDA 33320 FIRST CLASS MAIL CITY OF TATIIARAC, FLORIDA CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, APRIL 8, 1981 CALL TO ORDER: 8:30 A.M. ANNOUNCEMENT OF TIME ALLOCATIONS - MOTIONS TO TABLE - The Chair ai this time will announce those items which have been given a speci- fic time to be heard, and will entertain motions from Council members to table those items which require additional research. Council may agendize by majority consent matters of an urgent nature which have come to Council's attention after publication. PRESENTATION 1. Florida Power & Light Co. - Sodium Vapor Streetlights - Presentation by Mr. Rich Arlington, Municipal Representative of FP&L. BOARDS AND COMMITTEES 2. a) Consumer Affairs - Announcement of twelve (12) terms expiring May 11, 1981. b) Public Information Committee - Announcement of eight (8) terms expiring May 11, 1981. c) Citizens Advisory Committee of the Community Development Block Grant - Announcement of three (3) terms expiring May 15, 1981. d) Social Services - Announcement of six (6) terms expiring May 11, 1981. e) Code Advisory Commission - Announcement of four (4) terms expiring May 11, 1981. f) Park and Recreation Committee - Announcement of seven (7) terms expiring May 11, 1981. 3. Planning Commission - Discussion and possible action to appoint two (2) regular two-year members and two (2) alternat( one-year members by Temp. Reso. #1882. 4. Beautification Committee - Discussion and possible action to appoint five (5) regular members and two (2) alternate mem- bers by Temp. Reso. #1883. (4/8-pgs.7,8) Readgendize for 4/22/81. (4/8-pg. 2) Announcements recognized (4/8-pg.1) ,Tbld. 4/22/31 (4/8-Pg.1) Tbld. 4/22/81 A 'M 5. Consent Agenda - Items listed under Item #5, Consent Agenda, are viewed to be routine and the recommendation will be enacted by one motion in the form listed below. There will be no separate discussion of these items. If discussion is de- sired, then the item(s) will be removed from the Consent Agenda and will be considered separately. a) Shailer & Purdy - Special Counsel - 2/3/81 - $780.50 - Approval recommended by City Attorney. b) T,:ruse, O'Connor and Ling, Inc.. - Actuaries - 3/27/81 - $385.00 - Approval recommended by Finance Department. c) Lanzo Construction Company - 1980 Drainage Augmentation - N.W. 81 Street Outfall - 3/31/81 - $88,227.00 - Approval recommended by City Engineer. d) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 3/13/81 - $100.00 - Acct. ##1-155-515--310 - Approval recommended by the City Engineer. e) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 3/16/81 - $1,862.38 - Acct. #429-371-536-623 - Approval recommended by the City Engineer. f) Williams, Hatfield & Stoner, Inc. - Consulting Engineer -- 3/16/81 - $299.13 - Acct. #350-500-531 - Approval recommended by the City Engineer. g) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 3/24/81 - $124.12 - Account #429-371-536-623 - Approval recommended by the City Engineer. h) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 3/25/81 - $245.75 -- Acct. #428-371--536-462 - Approval recommended by the City Engineer. i) Bid Authorization -- T.U. West - Authorization to allow the City Manager to go to bid for a centrifugal pump for emergency operation of lift stations. j) Fire Department -- Mini -Attack Pumper - Authorization to to allow the City Manager to let bids. k) Legislative Offices - Capital Purchase - Approval to purchase an accessory table. GENERAL ADMINISTRATIVE FINANCIAL 6. Bid Award - T.U. West - Temp. Reso. ##1881 - Discussion and possible action to award a bid for removal of lime sludge. PAGE TWO. (4/8-nas.2,3) i) , b) r d) =hru k)-Appd. )Removed, ind tbld.4/22 4/8-pgs.3,11 12) ZESO.81--66 7. Bid Award -- Police Department - Temp. Reso. #1869 - Discussion(4/8-pgs.3,4) and possible action to award�a bid for the sale of surplus ESO.81-67 weapons (shotguns). (tabled from 3/25/81) 8. Bid Authorization - Public Works Department - Discussion and (4/8 pg.4) ��----- possible action to allow the City Manager to go to bid for a uttio. Appd. two -post lift for vehicular repairs. 9. Campanella Corp. - 1980 Drainage Aaamentation - N.W. 83 Street (4/8-pgs.4,5)' Change Order - Discussion and possible action to approve a RESO.81-68 change order to a contract with Campanella Corp., as recommended by the City Engineer, by Temp. Reso. #1884. 10. Alexander Grant and Co. - Discussion and possible action on 1(4/8-pg.3) proposal for the preparation of the Audit for FY 1980/81. Accepted (tabled from 3/25/81) PAGE THREE. 11. Fire Protection Agreement with Broward Count - East of 441 - (4/8-1:)g.5) Discussion and possible action on: RESO.81-69 a) Authorization for City officials to enter into an Agree- ment with the Broward County Fire Protection Division Temp. Reso. #1885. b) Budget adjustment. 'Appd. 12. Florida Innovation Group - Budget Adjustment - Discussion and (4/8-pgs.5,6) 'Budget Adjust possible action on transfer of funds from City Manager- Salaries to City Manager -Outside Services. �Appd. 13. Lunch Box Restaurant - Discussion and possible action to grant(4/8--pg.6) Waiver a waiver to Code Section 11-2 which requires six -day per week granted with cord. garbage collection for food service establishments, 14. Broward County League of Cities - Discussion and possible (4/8-pg.6) /Fa-raDel. action on selection of City voting delegate and alternate to It. -Kravitz League's annual election meeting. 15. Tamarac Radio Relay League - Discussion and possible action (4/8-pgs.6�7) nder Supv n. to allow this organization to utilize the City Hall trans- f Pol.Chf. mitter tower in the event of a hurricane or other disaster. PUBLIC HEARINGS - 2:00 P.M. 16. Trade In of Personal Property - Temp. Ord. #862 - Discussion (4/8 pg.13) and possible action to permit the trade in of City motor RD.81-10 vehicles and other personal property. Second Reading. 17. All Service Refuse Co. - Renewal of Commercial Garbage (4/8-Pg.13) Collection Franchise - Tem Ord. #864 - Discussion and RD.81-11 possible action to renew this franchise for one year. Second Reading. 18. Browning Ferris Industries of Florida Inc. - Renewal of (4/8-pg.14) Commercial Garbage Collection Franchise -- Temp. Ord. #865 - RD.81-12 Discussion and possible action to renew this franchise for one year. Second Reading. 19. County Waste, Inc. - Renewal of Commercial Garbage Collection (4/8-pg.14) Franchise - Temp. Ord. #866 - Discussion and possible action ORD.81-13 to renew this franchise for one year. Second Reading: 20. Industrial Waste Services - Renewal of Commercial Garbage (4/8-pg.14) Collection Franchise - Temp. Ord. #867 - Discussion and ORD.81-14 possible action to renew this franchise for one year. Second Reading. 21. Ronkoma Corporation - Renewal of Commercial Garbage Collec- (4/8-I)g.14) tion Franchise - Temp. Ord. #868 - Discussion and possible ORD.81-15 action to renew this franchise for one year. Second Reading. 22. Southern Sanitation Service -- Renewal of Commercial Garbage (4/8-pg.15) Collection Franchise - Temp. Ord. #869 - Discussion and ORD.81-16 possible action to renew this franchise for one year. Second Reading. 23. Jack Lalanne Health & Fitness Center - Special Exce tion - (4/8-pgs.15,16 Petition #4-Z--81 - Discussion and possible action to grant a RESO.81-70 Special Exception to allow an athletic club in a B--6 zoning with cond. district in Woodmont Plaza to be constructed at the northeast corner of McNab Road and N.W. 80 Avenue, by Tem Reso. #1866. 24. F&R Builders, Inc. - RezonLna Petition #5-Z-81 - Discussion (4/8-pg.16) and possible action to rezone the west recreation parcel of Appd. on lst Tamarac Gardens located at the southwest corner of McNab Road Rdg. and N.W. 98 Avenue from R-4A to S-1, by Temp Ord. #872. First Reading. � � r 25. F&R Builders, Inc. - Rezoning Petition #6-Z-81 - Discussion and possible action to rezone the recreation parcel located adjacent to Westwood Boulevard West on the eastern part of Tamarac Gardens subdivision from R-4A to S-1, by Tem . Ord. #873. First Reading. -- - - - - - -- -- - - - - - - - - - - - - - - - - - - - - - - - - - LEGAL 26. Commercial Plaza, Inc. - Surety Bond - Temp. Reso. #1880 - Discussion and possible action to call this bond posted to pro- vide a positive drainage _s_ystem in or.de-r_-fox ...the .-Cites._.-to .have_-.-. installation commence. 27. Leadership Housing, Inc. - Land Dedications - Temp. Reso. #1876 - Discussion and possible action to accept a deed offered by Leadership Housing, Inc., for various parcels of land throughout the City. PAGE FOUR. I4/8-pgs.16, 17) Appd . on lst Rdg. (4/8--pgs.19, 20) RESO.81-71 (4/8-pcf.20) RESO.81-72 as amended 28. Reserve Units - Land Use Plan - Tem.-Ord. #874 - Discussion (4/8-pg.11) and possible action on establishing procedure whereby dwelling Appd. on units on a parcel of land may be increased. First Reading. lst Rdg. 29. City Boundaries - Legal Description_ -- Temp. Ord. #871 - Dis- (4/8_pg.11) cussion and possible action to amend Ordinance 76-4 by correct-Appd. on lst ing an error in the legal description of the City boundaries. Rdg. First Reading. 30. Pension Plan - Interest Rates - Temp. Reso. #1854 - Discussion and possible action to set forth interest rates to be credited RESO.ol-73 to employee contributions in the retirement plan. COMMUNITY DEVELOPMENT 31. Lakeside of Tamarac - Discussion and possible action on: (4/8-pgs.8-10 a) Site Plan ) b) Plat - Tem . Reso. #1887 ) c) Landscape Plan )TBLD. 4/22 d) Water and Sewer Developers Agreement ) (Located on the west side of State Road 7 north of Commercial ) Plaza) 32. Woodmont Tract 49 - Discussion and possible action on: (4/8-pgs.10, a) Acceptance of Bill of Sale for public improvements - 11) Temp. Reso. #1888. RESO.81-74 b) Performance bond release posted for public improvements RESO.81-65 upon receipt of a one-year warranty bond - Temp. Reso. #1889. 33. Cypress III and IV (Woodmont Tracts 68 and 77) and Pines III (4/8-pgs.17, (Woodmont Tract 54) - Model Sales Facility - Discussion and 18)Only Model possible action on a request to permit a model sales facility Sales Fac. and a waiver of the 300-foot distance for Certificates of Appd.-CYP.III Occupancy requirement. 34. Mission Lakes (Southgate Gardens East) - Model Sales Facility-(4/8-pgs.18, Discussion and possible action on a request to permit a model 19)MODEL sales facility and a waiver of the 300-foot distance for SALES TBLD. Certificates of Occupancy requirement. 4/22/81 35. Burnham Lea (formerly Heftler domes) - Model Sales Facility - (4/8--pg.12) Discussion and possible action concerning Certificates of Appd.with Occupancy for Lots 3 and 4 of Block 3. cond. 36. Westwood 6 and Northwood II - City Engineer report, and dis- (4/8-pg.1) cussion and possible action on regrading and sodding problems. Removed 37. Drainage Improvements - Reports, discussion and possible action (4/8-pgs.20, - 21)Report by C.Engr. L �J M 38. Blasting and and Possible Home Damage - Northwestern Area of Ci possible action. REPORTS 39. City Council 40. City Manager 41. City Attorney City Council may consider such other business as may come before it. Pursuant to Chapter 80-105 of Florida Law, Senate Bill No. 368: If a person decides to appeal any decision made by the City Council with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF TA4ARAC Carol A. Evans Assistant City Clerk PUBLIC HEARINGS/SPECIAL MEETINGS/WORKSHOPS Tuesday, April 21, 1981 - 2:30 P.P. - Workshop - Land Section 7 PAnP PT17P (4/3-pg.13) (4/8-pgs.22, 23) 42. /8,Pgs.21--22, Systems Discussion and possible action. _ --- Agend.by Consent. J. Gerren of the ounty to be ontacted. CITY OF TAMARAC, FLORIDA REGULAR CITY COUNCIL MEETING APRIL 8, 1981 CALL TO ORDER: Mayor Falck called the meeting to order on Wednesday, April 8, 1981, at 8:30 A.M., in Council Chambers. ROLL CALL: PRESENT: Mayor Walter W. Falck Vice -Mayor Irving M. Disraelly Councilwoman Helen Massaro Councilman Irving Zemel Councilman Philip B. Kravitz ALSO PRESENT: Acting City Manager, Laura Z.Stuurmans City Attorney, Arthur M. Birken Assistant City Clerk, Carol A. Evans Clerk/Steno., Mimi Reiter MEDITATION & PLEDGE OF ALLEGIANCE: Mayor Falck called for a Moment of Silent Meditation followed by the Pledge of Allegiance. Mayor Falck reviewed the schedule of items on this day's Agenda. He indicated there will be a final inspection of the Tamarac Elementary School overpass at 2:00 P.M. this day, and at that time, he will turn the meeting over to V/M Disraelly. Ile did request that the City Attorney, the City Engineer, and Chief McIntosh be in attendance for the inspection, because the overpass will not only be used during the day, but extensively at night. In response to a question by V/M Disraelly, the Mayor indicated there is lighting on the east side of the overpass, but none on the west side. Addi- tionally, he stated that proposals were made for stringing lights through the wire mesh, which he felt was impractical. Also, it was noted that the school will be installing a new bike -rack, at a cost of $10,000; with the suggestion of such installation being on the east side, rather than the west side. Mayor Falck further stated that the school people could not put an installation on land they do not own. The principal of the elementary school concurred with the Playor, to have dry -runs, prior to the initial opening. BOARDS AND COM11ITTEES 3. Planning Commission - Discussion and possible action to appoint two (2) regular two-year members and two (2) alternate one-year members by Temp. Reso. #1882. - AND - 4. Beautification Committee - Discussion and possible action to appoint five (5) regular members and two (2) alternate members by Temp.Reso.#1883. SYNOPSIS OF ACTION: Tabled to 4/22/81, for consideration of additional applications; with a request that the resolutions include annual appointment of the Chairman. C/M Kravitz MOVED to TABLE Items #3 and #4, in order to consider addi- tional applications, for the regular meeting of April 22, 1981, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. COPMRUNITY DEVELOPMENT 36. Westwood 6 and Northwood IT - City Engineer report, and discussion and possible action on regrading and sodding problems. SYNOPSIS OF ACTION: Removed, because it has been resolved to the satisfaction of the City Engineer, City Manager, CIM Zemel, and the residents. C/M Zemel MOVED to REMOVE Item #36 from the agenda, because it has been resolved to the satisfaction of the City Engineer, City Manager, residents and himself, and V/M Disraelly SECONDED. VOTE: ALL VOTED AYE. -1- 4/8/81 mr/ I BOARDS AND COMMITTEES 2. a) Consumer Affairs - Announcement of twelve (12) terms expiring May 11, 1981. b) Public Information Committee - Announcement of eight (8) terms expiring Play 11, 1981. c) Citizens Advisory Committee of the Community Development Block Grant - Announcement of three (3) terms expiring May 15, 1981. d) Social Services - Announcement of six (6) terms expiring Play 11,1981. e) Code Advisory Commission - Announcement of four (4) terms expiring May 11, 1981. f) Park and Recreation Committee - Announcement of seven (7) terms expiring Play 11, 1981. SYNOPSIS OF ACTION:Announcements officially recognized by Council motion. C/M Zemel MOVED for recognition of the official announcements of openings for the various volunteer Boards and Committees in the City, namely, Consumer Affairs, Public Information Committee, Citizens Advisory Committee, Social Services, Code Advisory Commis- sion and Park and Recreation Committee, for the interested public to apply for consideration to this Council. C/M Kravitz SECONDED. VOTE: ALL VOTED AYE. 5. Consent Agenda a) Shailer & Purdy - Special Counsel - 2/3/81 - $780.50 - Approval recommended by City Attorney. b) Kruse, O'Connor and Ling, Inc. -- Actuaries - 3/27/81 - $385.00 -- Approval recommended by Finance Department. c) Lanzo Construction Company - 1980 Drainage Augmentation -- N.W. 81st Street Outfall - 3/31/81 - $88,227.00 - Approval recommended by City Engineer. d) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 3/13/81 - $100.00 - Account. #1-155-515-310 - Approval recommended by the City Engineer. e) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 3/16/81 - $1,862.38 - Acct. #429-371-536-623 - Approval recommended by the City Engineer. f) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 3/16/81 - $299.13 - Acct. #350-500-531 - Approval recommended by tree City Engineer. g) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 3/24/81 - $124.12 - Acct. #429-371-536-623 - Approval recommended by the City Engineer. h) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 3/25/81 - $245.75 - Acct. #428-371-536-462 - Approval recommended by the City Engineer. i) Bid Authorization - T.U. West - Authorization to allow the City Manager to go to bid for a centrifugal pump for emergency operation of lift stations. j) Fire Department - Plini-Attack Pumper - Authorization to allow the City Manager to let bids. k) Legislative Offices - Capital Purchase - Approval to purchase an accessory table. SYNOPSIS OF ACTIO14: a), b), and d) through k) - Approved; c) - Removed for separate discussion, and then Tabled to 4/22/81, for research by the Acting City Manager. V/12 Disraelly MOVED for Approval of the items, excluding Item c), which is open for discussion, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. 5. c) C/W Massaro felt that the purpose of the various bills should appear on the invoice. She questioned payment to contractors, and inquired about the bonding for this work, prior to payment of huge sums of money. Mrs. Stuurmans noted that the total contract amount is $185,385, with a request for payment in the amount of $88,227; and a retained percentage is reflected, of $9,803. -2- 4/8/81 mr/ r C/W Massaro reiterated that there is a need to know whether there is bonding, before payment is made of the bills; also certifica- tion of these paid bills should be submitted. Mayor Falck requested discussion of this item, after the lunch period. The Acting City Manager indicated that discussion and research would be necessary by the City Engineer, and requested to table the item. C/M Zemel MOVED to Table to the next regular meeting of April 22, 1981, and V/P4 Disraelly SECONDED. VOTE: ALL VOTED AYE. GENERAL ADMINISTRATIVE FINANCIAL 10. Alexander Grant and Co. - Discussion and possible action on proposal for the preparation of the Audit for FY 1980/81. (tabled from 3/25/81) SYNOPSIS OF ACTION: Accepted for the coming year, with the proposed rates and terms. C/M Kravitz referred to receipt of a letter, dated 4/7/81, from Alexander Grant and Co., and noted that on page 2 of the proposal, the specific fee is indicated to not exceed $28,000. lie said this was in accord with the accounting auditing standards of the American Institute of C.P.A.s. He then MOVED to Accept the proposal of the auditors for the coming year, at the proposed rates and terms. V/M Disraelly SECONDED. V/M Disraelly inquired as to the fire station east construction fund being included, to which Mr. Emmer responded that the fund will be wiped -out during this fiscal year. VOTE: ALL VOTED AYE. Mr. Emmer advised that an interim report for the 1980 audit will be done at the end of April; with another report for the 1981 audit, to be accomplished approximately in April of 1982. 6. Bid Award - T.U. West - Temp. Reso. #1881 - Discussion and possible action to award a bid for removal of lime sludge. SYNOPSIS OF ACTION: Adopted, as amended, RESOLUTION NO.R- V-e� 4 PASSED. to CPS Construction. (See pages 11 & 12) V/M Disraelly read Temp. Reso. #1881, and indicated that the City Manager has recommended cleaning of the lime sludge. The three bids that were submitted, he said, involved a tremendous difference, but the City Engineer felt that CPS Construction was the low bidder. It was also noted that the difference between 15 and 20 feet would be on a pro- rata basis, if they do not go to 20 feet. V/11 Disraelly MOVED that Temp. Reso. #1881 be ADOPTED, whereas CPS is the lowest fully responsible bidder, and would require an amendment to Section 1 of the resolution. Mrs. Stuurmans addressed a question to the City Attorney, as to awarding the bid, based on the maximum, by resolution, and whether Council could direct the administration to pro -rate a lesser amount. C/W Massaro felt that a right to limit would come at at the time of removal, because there are three different bids of 10, 15 and 20 feet. She said that a letter has to be submitted, as to acceptance of this method. Mr. Birken indicated that the resolution has to be phrased properly, in order to clarify its intent, and requested this item be continued to later in the day, to enable him to establish the language to be used in Section 1. 7. Bid Award - Police Department - Temp. Reso. #1869 - Discussion and possible action to award a bid for the sale of surplus weapons(shotguns). (tabled from 3/25/31) -3-- 4/8/81 mr/ r-------- L_ SYNOPSIS OF ACTION: Approved, as submitted. RESOLUTION NO.R- &16 Z PASSED. The City Attorney read Temp. Reso. #1869. The City Manager indicated that the administration was recommending individual bid awards for Items 1,4,5,E and 7, and no award be made on Items #2,3 and 8, at this time. She further stated that two bids were received, on a lump sum basis, for all the items, and neither of the bids would have yielded the receipt for the individual items men- tioned. Mrs. Stuurmans said the highest bidder was listed in a revised resolution, that was submitted to Council on Tuesday, April 7, 1981. C/W Massaro MOVED that Temp. Reso. #1869 be APPROVED, as submitted, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. 8. Bid Authorization - Public Works Department - Discussion and possible action to allow the City Manager to go to bid for a two -post lift for vehicular repairs. SYNOPSIS OF ACTION: Authorization approved for the City Manager to go to bid. The City Manager discussed the single post lift, and noted that the ad- dition of the two -post lift would permit transmissions to be dropped, prior to being rebuilt; and then replaced thereafter. The estimate, she said, of $5,000 was for the total cost of purchase and installation, Tape with intra-departmental sources that could be used for such funding. 49 C/M Zemel felt this equipment would be advantageous, due to the turn- around time, and avoiding delay in vehicle repairs. Mrs. Stuurmans indicated the Public Works Department would fund this equipment. C/M Zemel felt this item was one of the first to be submitted to the Florida Innovation Group, and a report would be forthcoming, relating to the police cars in the pool. C/W Massaro felt that the delay of repairs to the police cars should be further researched, and MOVED that the City Manager's office be autho- rized to go to bid for a two -port lift for vehicular repairs, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. 9 -N.W.Change Campanella Corp. 1980 Drainage Augmentation - N W. 83rd Street Order - Discussion and possible action to approve a change order to~a contract with Campanella Corp., as recommended by the City Engineer, by Temp. Reso. #1884. SYNOPSIS OF ACTION: Approved, with City RESOLUTION NO.R- ?/--4 g PASSED. Engineer and City Attorney to contact Williams, Hatfield & Stoner, for a written report. City Engineer to submit a written report to Council. The City Attorney read Temp. Reso. #1884. Mr. Keating advised that the storm drainage which is being proposed, was running directly through an existing gravity sewer line. He stated that there were two options; 1) to install a conflict box over the gravity line, or 2) to lower the storm sewer line to approximately 2 1/2 feet, for clearance of the sanitary line; which he recommended. He also noted that the elevation of the sewer line was checked, but did not register, and said the design was done by Williams, Hatfield & Stoner. He added that the two lines were shown to be crossing at the same eleva- tion... C/W Massaro said this should move forward, but discussion should be held with Williams, Hatfield & Stoner by the City Engineer and the City At- torney. She MOVED for APPROVAL of the change -order, Temp. Reso. #1884, in order to move forward, and V/P2 Disraelly SECONDED. Q= 4/8/81 mr/ Mayor Falck requested a written report from Williams, Hatfield & Stoner, and a report from the City Engineer, to Council, in writing. VOTE: ALL VOTED AYE. 11. Fire Protection Agreement with Broward County - East of 441 - Discussion and possible action on: a) Authorization for City officials to enter into an Agreement with the Broward County Fire Protection Division - Temp. Reso.#1885. b) Budget Adjustment. SYNOPSIS OF ACTION: a) and b) - Approved. RESOLUTION NO.R- PASSED. a) The City Attorney read Temp. Reso. #1885. Mrs. Stuurmans indicated a report was submitted from the Administra- tive offices, with a recommendation for approval of the agreement, evidencing review by the City Attorney and participation by the Fire Chief. She further stated that the agreement covers the period of July 15, 1980 through the end of the fiscal year September 30, 1981. The City Manager noted that Broward County's fire services to the volunteer agencies changed, and was incorporated into Broward County Fire Protection Division. C/W Massaro inquired as to service provided by the County, which will be coming from Route 441, to which the City Manager responded that since Prospect Road is under construction, this back-up pro- tection would be necessary. The contract, she said, does provide a 30-day cancellation notice, which could be considered at a future time, and the service would be coming from Powerline Road. C/M Zemel MOVED for the ADOPTION of Temp. Reso. #1885, authorizing execution of an Agreement with the Broward County Fire Protection Division, and V/M Disraelly SECONDED. VOTE: C/M Kravitz - Aye C/M Zemel - Absent from dais C/W Massaro - Aye V/M Disraelly - Aye Mayor Falck - Aye b) Mrs. Stuurmans stated that the standard form was submitted to Council, which was used to move monies from one account to another, within the City, and covered the period from 7/15/80 through 9/30/81. V/M Disraelly MOVED approval of $6,392.40 from line Item Account #1--872-581-901 of the budget named Contingency Fire be transferred to line item Account #1-223-522-310 named Professional Service. The balance in the account from which the monies are transferred was $239,785, prior to the transfer, and $233,392.60, subsequent to the transfer. The amount of money in the account to which the monies are to be transferred was $4,879.32, prior to the transfer, and $11,271.72, subsequent to the transfer. C/M Kravitz SECONDED. C/W Massaro requested an alternative method of handling the budget adjustment, by use of an Exhibit, which could be given to the City Clerk, as an attachment to the minutes. VOTE: C/M Kravitz - Aye C/M Zemel - Absent from dais C/W Massaro -- Aye V/M Disraelly - Aye Mayor Falck - Aye 12. Florida Innovation Groff -- Budget Adjustment -- Discussion and possible -. - - -- action on transfer of funds from City Manager --Salaries to City Manager - Outside Services. SYNOPSIS OF ACTION: Budget Adjustment Approved The City Manager read the Budget Adjustment into the record; "that the $1,500 from line item Account #1-110--512-120, of the budget named City Manager -Salaries, be transferred to line Account #1-110-512-310, named Outside Services City Manager. The balance in the account from which -5- 4/8/81 mr/ 14 the monies are transferred was $44,260.86, prior to the transfer, and $42,760.86, subsequent to the transfer. The amount of money in the account to which the monies are to be transferred was $8,533.30, prior to the transfer, and $10,033.30, subsequent to the transfer." V/M Disraelly MOVED for ACCEPTANCE of the statement which was read, and C/W Massaro SECONDED. VOTE: ALL VOTED AYE. 13. Lunch Box Restaurant - Discussion and possible action to grant a waiver to Code Section 11--2 which requires six --day per week garbage collection for food service establishments. SYNOPSIS OF ACTION: Waiver granted from daily to twice -a -week garbage collection, and if a health hazard exists, it will be re-examined by Council. V/M Disraelly felt that Council should grant this waiver, because it involved the lunch period, and not a large amount of trash. He MOVED for GRANTING of the waiver, for the Lunch Box Restaurant, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. C/W Massaro inquired as to the length of the waiver, which might take into consideration any problems that occur. Mr. Birken said this could be permitted, subject to revocation of such permission, if a health hazard exists, to which V/M Disraelly RESCINDED his MOTION, and C/11 Zemel, his SECOND. The City Attorney said they were only concerned with results. V/M Disraelly MOVED to RESCIND the MOTION, which was previously passed, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. V/M Disraelly MOVED to GRANT a waiver to the Lunch Box Restaurant, on 57th Street, from daily to twice -a --week garbage collection, and if a health hazard exists, then it will be re --examined by Council. C/M Zemel SECONDED. VOTE: ALL VOTED AYE. 14. Broward County League of Cities - Discussion and possible action on selection of City voting delegate and alternate to League's annual election meeting. SYNOPSIS OF ACTION: Mayor Falck nominated as voting delegate, and C/M Kravitz, as alternate. C/W Massaro MOVED the naming of Mayor Falck, as the voting delegate, and C/M Kravitz, as alternate. C/M Zemel SECONDED the motion. VOTE: ALL VOTED AYE. 15. Tamarac Radio Relay League - Discussion and possible action to allow this organization to utilize the City Hall transmitter tower in the event of a hurricane or other disaster. SYNOPSIS OF ACTION: Approved, under the control and supervision of the Police Chief. V/M Disraelly said that he presented this item at a previous meeting, indicating the suggestion by the Tamarac Amateur Radio Association, for use of the Police Department transmitter, in an emergency or hur- ricane in the area. He further stated that a letter was received from Dan Dusing, temporary Chairman, requesting this use, and receipt of a communication from Chief McIntosh, as to approval. It was noted by Council that they were not in receipt of a memo from Wen 4/8/81 mr/ the Police Chief, to which V/M Disraelly indicated was dated 3/23/81; and read it into the record. V/M Disraelly MOVED that the Tamarac Amateur Radio Association be per- mitted to bring their own equipment into the Police Department, for use, in an emergency, with hook-up of such leads, as necessary from their equipment to the radio tower located at the top of this building; also, that this must be under the control and supervision of the Police Chief, or his designate. C/W Massaro SECONDED the motion. C/M Zemel .indicates his interest,as far as being a member of the Tamarac Amateur Radio Association, and realized that in an emergency, this might Tape be the secondary or only source of communication. He concurred with #3 such approval. VOTE: ALL VOTED AYE. MAYOR FALCK CALLED FOR A FIVE-MINUTE RECESS....... 1. Florida Power & Light Co. - Sodium Vapor Streetlights - Presentation by Mr. Rich Arlington, Municipal Representative of FP&L. SYNOPSIS OF ACTION: To be reagendized for 4/22/81, upon completion of a new ordinance by the City Attorney, as to street lighting requirements in subdivisions, providing for sodium vapor lights; with change of standards to a minimum of 5800 lumens. The presentation was made by Rich Arlington and sill Peery of FP&L, relating to high pressure sodium vapor lighting, and the cost saving involved. Mr. Arlington said that the actual conversion will begin in July of 1981, with all existing lights in the system; with a five- year program. He indicated that they would try to convert 10% of all the lights in their system, and throughout Florida, and approximately 20 to 22% within the next four years. Mr. Arlington said there are new subdivisions which will require lighting first, but conversions will be from mercury vapor to sodium vapor. He further stated that in existing areas, the mercury vapor lighting could remain, and is not mandatory, but must appl.y..sodium vapor in new areas. He further noted that such use will involve a reduction of foreign oil dependency, also, lowering the street light cost to the City, by reducing the energy charge and fuel costs, with additional efficiency. Mr. Arlington advised that there is no addi- tional charge to the cities for the conversion, and provides uniform light source within the territorial boundaries. He additionally stated that it meets the conservation goal set by the PSC. The conversion, he said, would be from 4500 mercury vapor to 5800 sodium vapor lumens. Mr. Arlington advised that in 1981 there will be a savings of 18,000,000 kilowatt hours, with the annual fuel cost savings being approximately $845,000. Ile further stated that in 1990 there will be a savings of 110,000,000 kilowatt hours and approximately $10,000,000 in fuel costs. Mr. Arlington said there are approximately 1453 mercury vapor lights with 4500 lumens, which involves a monthly cost and fuel adjustment, in the amount of $6.33_per light. V/M Disraelly indicated that the present company owned fixture is $5.10, with the fuel adjustment figure varying every six months, to which Mr. Arlington responded that the 5800 lumens fixture tariff will be $5.00, and sodium vapor uses less energy, from 25 to 50% savings. Mr. Peery responded to a question of C/M Kravitz, by stating that the Public Service Commission has set goals for FP&L, in the direction of the State Legislature, for the reduction in the use of fuel oil of 25%, by the year 1990. This, he said, is one part of a 20 program plan to meet that goal. It is, he further stated, sponsored by the State. Mr. Arlington said the illumination could be stepped --up or down, by one grade, in the City. He said the City Engineer could determine the proper size lighting that is necessary. CWC 4/8/81 mr/ r r � Tape #4 In response to a question by C/W Kravitz, Mr. Arlington felt there will be a definite saving,but there is a gain in lighting, which also gives more lumens, involving cheaper maintenance.. The FP&L representatives showed slides for the next ten minutes, on the difference between mercury vapor and high pressure sodium vapor lighting. C/W Massaro confirmed the fact that there will be no charge by FP&L to the City, for conversion from mercury to sodium vapor lighting, but the fuel adjustment charge is determined by inflation. Mr. Peery indicated that the cost will be absorbed on an overall basis, for conversion, by the rate payers. Ile also responded to questions, by stating that sodium vapor will give constant output, until the light dies. He further stated that mercury vapor deteriorates gradually, and gives poorer lighting. Mayor Falck advised that changes are required in the Code, and this will not be resolved today. He also felt this item could be taken under advisement, and reagendized to the April 22nd, 1981 meeting. C/W Massaro said this item should be addressed immediately, because there are particular lights that are necessary to install in existing subdivisions. Mr. Keating indicated, that if it is not contrary to the ordinance, then sodium vapor lighting could be put in new subdivisions, to which the City Manager said that Chapter 24 specifies mercury vapor of 4500 lumens, on a concrete pole. Mr. Keating said that he would recommend a change, to which Mayor Falck reiterated that this item will be reagendized for the April 22nd, 1981 meeting, with notification to FP&L. COMMUNITY DEVELOP11ENT 31. Lakeside of Tamarac - Discussion and possible action on: a) Site Plan b) Plat -- Temp. Reso. #1887 c) Landscape Plan _ d) Water and Sewer Developers Agreement (located on the west side of State Road 7 north of Commercial Plaza) SYNOPSIS OF ACTION: a) & b)-Tabled to 4/22/81, based on input from the City Attorney; c) & d)- Tabled to 4/22/81. a) Julian Bryan represented the developer, and indicated that the rear portion is zoned R-4A, which permits multi -family residential, with 15.02 acres. A development, he said, is planned of 208 two-story apartments, as reflected on the site plan. Mr. Bryan said that tie was informed on Tuesday, 4/7/81, of an inconsistency between the record plat and his site plan, which was his fault. It was his ne- glect, by not removing a note from the site plan, which reflected a 22 foot canal maintenance easement around the lake area. The note, he stated, was removed, but was aware of the 15 foot strip along the north property line, that must be vacated. It was his understanding that it would require approval of the record plat, by Council, with a recommendation that such portion of the plat be vacated as a public right-of-way. Thereafter, he said, the County would be required to take action, on the platting review. Mr. Birken indicated that whether or not it is vacated, setbacks are proper on the site plan. Ile also said, if it is to be vacated, the method would have to be by application, with consideration by the City and County; and involve approval of a resolution. Ile further stated that the note on the plat is appropriate at this time, which indicates right -of --way to be vacated. Mr. Bryan advised that they have made an application, and paid the $25.00 filing fee, within the past few days. =15 4/8/81 mr/ �-1 Hugh Davis, the Surveyor for Lakeside, felt it would have to be adver- tised, based on an ordinance and vacating a public right -of --way, to which the City Attorney concurred that it may be accomplished by ordi- nance. Mr. Keating informed Council that he was informed of this order to vacate yesterday, but felt that questions did require answers on the vacation of the right-of-way. b) V/M Disraelly indicated that he discussed the items with the City Attor- ney yesterday, and, in turn, Julian Bryan, was contacted. The site plan does show the vacation of the 15 foot right-of-way, he stated. He said that the site plan shows an easement which they do not want, to the west, but was not included on the plat. Ile said there was some concern as to a drainage ditch. If the site plan is approved, he said, then it would also indicate approval of a vacation. Mr. Birken advised that the 15 feet does not affect the ability to ap- prove the site plan, but the verbiage would have to be changed. C/W Massaro requested that Evan Cross, the City Planner, check the reten- tion area for the entire tract, and whether it also includes the business area. She said at a previous Council meeting there was discussion of a serious problem, which was unanticipated, involving a tremendous cost that was completely unconscionable. C/W Massaro indicated that relief was requested in the park and recreation fees, and the method of payment that was involved, for the full amount of $101,250.00. It was her sug- gestion that Council consider permitting payment of $50,625, if approved this day, with the balance to be paid before a first permit is obtained. She further stated that 50% was submitted to the City Clerk, or the sum of $50,625.00, with a request to pay the balance when the first permit is obtained, shortly after plat approval by the County. Mr. Birken advised that Council does not have this authority, and payment has to be made at the time of plat approval. Mr. Bryan said approximately 1 1/2 years previous, in the construction of Commercial Boulevard, the County advised that the major outfall line would be removed which serves the Treehouse project, under Commercial Boulevard, and drains south to the canal. He said that Councilmembers, Leadership Housing and he requested to change the situation and install the proper size piping. In conjunction with that, he said, an analysis was made of the undeveloped properties, which was then known as the Modell tract. Thereafter, it was purchased by Mr. Granados and Granek properties, which included the balance of the undeveloped Leadership property.This would be the second and third phases of Treehouse, he said, and the commercial frontage on State Road 7. Mr. Bryan said contributions were made towards the sizing of the new pipe under Commercial Boulevard, and recognizing the requirement of a 42 inch line in Treehouse Lane, which is the existing entry road to the project. Subsequently, he said, when his people confronted Leader- ship Housing, indicating there is an easement that goes around the property, but is not feasible to go around Treehouse, by putting in a new parallel line. He further stated that for $50,000 they were told they could tie into the 42 inch line; which records are noted in the Engineering Department, as to the agreement and sizing of the line. Mr. Bryan said there has been a change, with a recommendation that a new parallel line be installed. Mr. Bryan said they would go around Treehouse and put in a new separate line in the easement, also indicating for the record to not seek any building permits until the balance of the fee has been paid. V/M Disraelly suggested that a barrier be installed, where the future road tie-in is to be, rather than a 30 inch hedge. It was further noted by Mr. Bryan that the Fire Chief suggested a hedge, rather than a barrier, in order to permit entry from the new fire sta- tion into Treehouse, because a guard rail would limit this, to which Evan Cross concurred that the Fire Chief did request a non --permanent barrier. 4/8/81 mr/ The City Attorney said the plat requirements were changed last year, but not put into the Code book. He strongly suggested that Council Tape not take action until written documents are prepared and agreed to by the #5 . developer, because it involves $50,000.00. C/M Zemel MOVED to TABLE the site plan and plat for Lakeside of Tamarac, to the next Council meeting of April 22, 1981, and V/M Disraelly SECONDED the MOTION, based on input from the City Attorney. VOTE: ALL VOTED AYE. Mr. Birken said that he would have to review the current regulations, in order to determine permission to proceed, and, if permitted, then he will prepare an agreement for approval and signature. c) C/M Zemel MOVED to TABLE Items c)and d)to the next regular meeting of & April 22, 1981, and C/M Kravitz SECONDED the MOTION. d) VOTE: ALL VOTED AYE. 32. Woodmont Tract 49 - Discussion and possible action on: a) Acceptance of Bill of Sale for public improvements - Temp.Reso.#1888. b) Performance bond release posted for public improvements upon receipt of a one --year warranty bond -- Tem . Reso. #1889. SYNOPSIS OF ACTION: a) & b)-Approved, RESOLUTION NO.R- r V PASSED. with appropriate fees having been paid, as indicated by the City Engineer. RESOLUTION NO.R-/�(,y� -PASSED. a) The City Attorney read Temp. Reso. #1888, and indicated that the Bill of Sale was acceptable, with a recommendation from the City Engineer. C/W Massaro MOVED for APPROVAL of Temp. Reso. #1888, as presented, and V/M Disraelly SECONDED. VOTE: ALL VOTED AYE. b) Mr. Birken read Temp. Reso. #1889. C/W Massaro MOVED for APPROVAL of the release of the performance bond, for public improvements, plus receipt of a one-year warranty bond, by Temp. Reso. #1889. V/M Disraelly SECONDED the MOTION, but indicated to Council that the Construction Cost form notes a balance due to Montwood, of an overpayment of $355.68, which should not be included. He felt that it was the practice of the City Council to make refunds on construction costs, when over -estimated, with a request to have this checked, and questioned the reason for the reduction of $650.00 from the fee. Candy Mehling of Keith & Schnars, representing Montwood, advised that the $650 and $450 figures were both noted on the approved cost estimate, prior to construction, and initialed by the City Engineer's office. She further stated that the number showing a balance, is the actual balance after construction costs were certified; which Montwood was willing to waive. The record indicates, she said, that the bond originally exceeded the actual construction cost. She res- ponded to a question by V/M Disraelly, by stating that the $650 was the review fee paid prior to planning the site plan and plat approval, which was added to the original cost estimate by the Engineer's office. V/M Disraelly discussed the fees paid, with the corrected amount of fees totaling $23,934.70, less $1100.00 fees that were paid, would indicate the City was entitled to $22,800. The record indicates payment of fees in the amount of $22,190, and felt there was a dis- crepancy. C/W Massaro inquired whether this could be approved, subject to re- view of the computation, and payment of fees, if they are required. She then INCLUDED ADDITIONAL LANGUAGE IN HER MOTION; that certified costs and the bonding amounts, are subject to further review, and, if any money is due, that it will be paid before release of the bond. V/M Disraelly CONCURRED. -10- 4/8/81 mr/ � � r VOTE: ALL VOTED AYE. V/M Disraelly requested that the City Engineer check the computation of fees, relating to Item b).(confirmed later in the day by Mr.Keating) LEGAL AFFAIRS 28. Reserve Units - Land Use Plan - Temp. Ord. #874 - Discussion and pos- sible action on establishing procedure whereby dwelling units on a parcel of land may be increased. First Reading. SYNOPSIS OF ACTION: Adopted on lst Reading. The City Attorney read Temp. Ord. #874, and recommended adoption of the ordinance, which was previously presented by resolution. He said this implements the Land Use Plan, and determined that no amendments to the Plan were needed; with the resolution having been approved by the Planning Commission. C/W Massaro MOVED to ADOPT Temp. Ord. #874, on first reading, and V/M Disraelly SECONDED. VOTE: ALL VOTED AYE. 29. City Boundaries - Legal Description - Temp. Ord. #871 - Discussion and possible action to amend Ordinance 76-4 by correcting an error in the legal description of the City boundaries. First Reading. SYNOPSIS OF ACTION: Adopted on 1st Reading. The City Attorney read Temp. Ord. #871, and noted that a portion of State Road 7 is shown on the legal description of the City, in the Charter, but was never annexed to the City, but is under the jurisdic- tion of the City of Lauderdale Lakes. An error was discovered, in the legal description, when police officers were attempting to enforce traffic. He further noted that the State Law has a procedure for remedying such a problem. He confirmed the fact that it was south of Commercial Boulevard, on State Road 7. V/11 Disraelly MOVED for the ADOPTION of Temp. Ord. #871, on first reading, and C/M Zemel SECONDED. VOTE. ALL VOTED AYE. 30. Pension Plan - Interest Rates - Temp. Reso. #1854 - Discussion and possible action to set forth interest rates to be credited to employee contributions in the retirement plan. SYNOPSIS OF ACTION: Adopted, on a 5% RESOLUTION NO.R- & - %3 PASSED. interest rate for employee contributions, effective 6/l/81. Mr. Birken read Temp. Reso. #1854, and said there was no requirement to amend the Pension Plan, because the Language was adequately stated to accomplish this by resolution. The impact, he said, is minimal, and the actuary indicates that no impact statement is required. Mayor Falck explained that the resolution provides for an increase in interest rates paid for employee contributions, when they withdraw from the plan, from 3% to 5%. It was felt this would encourage people to leave the contributions in the plan at a higher rate of interest, which could be left until retirement age. V/M Disraelly MOVED to ADOPT Temp. Reso. #1854, and C/11 Zemel SECONDED. VOTE: ALL VOTED AYE. MAYOR FALCK RECESSED THE MEETING FOR LUNCH, TO 1:30 P.M. MEETING CALLED TO ORDER AT 1:30 P.M., ROLL CALL TAKEN, AND ALL PRESENT. GENERAL ADMINISTRATIVE/FINANCIAL 6. Bid Award - T.U. West -- Temp. Reso. #1881 - Discussion and possible action to award a bid for removal of lime sludge. a8C 4/8/81 mr/ SYNOPSIS OF ACTION: (See page 3) V/M Disraelly read the revised language to the resolution, which was established by the City Attorney;"SECTION 1: That the bid of CPS is the low bidder for 10, 15 and 20 foot depths in the bid of $6,000, and is hereby accepted for the 20 foot depth excavation, subject to the condition; that if it is not possible to excavate to that depth, the depth to be excavated shall be reduced to the depth determined by the City Engineer, with a price to be adjusted by $400 per foot, at less than the 20 food depth." He so MOVED for the ADOPTION of Temp. Reso. #1881, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. COMMUNITY DEVELOPMENT 35. Burnham Lea (formerly Heftler Homes) - Model Sales Facility - Discussion and possible action concerning Certificates of Occupancy for Lots 3 and 4 of Block 3. SYNOPSIS OF ACTION: Approved, with conditions. Steve Moody, the Attorney representing Charmec Corporation, present owners of Heftler Homes, indicated there was a request at the 2/25/81 Council meeting, for C.O.s to be approved for Lots 3 and 4, on Block 3. Permits were granted at the time, he said, but no C.O.s C/W Massaro felt that if someone wants to buy a home, and is aware of the nuisance of being close to a model sales facility, and the traffic it involves; should not he prevented from such a purchase. She then MOVED to GRANT their request. MOTION DIED FOR LACK OF A SECOND. V/M Disraelly inquired as to Lots l and 7, to which Mr. Moody responded that these lots were in Block 1, and were within the 150 foot radius, with no plans at this time for building. V/M Disraelly asked Mr. Moody whether an agreement could be obtained for Charmec Corporation, as to not requesting permits for Lots 1 and 7, Block 1, until the other lots have been sold. He referred to a prior meeting, and the two stipulations that were involved. Mr. Moody responded that there was no intention to build at the present time, and further explained that Charmec Corporation purchased the sub- division under an option agreement; whereby they could buy "X" number of lots, build and sell, and then buy additional lots. C/M Zemel inquired as to the hardship for this waiver, to which Mr.Moody stated that when his client, Charmec Corporation came in, that these houses were already under a building permit, which was issued in May of 1979. He further added that Heftler Homes felt there was no problem, because a waiver was granted from the City Council, in December of 1979. When the permit was requested, at the 2/25/81 meeting, he felt that the City. Council was not aware of previous approval of Certificates of Occu- pancy on Lots 3 and 4. The City Attorney responded to a question of C/M Zemel, by stating that he could not give an "off -the --cuff" opinion on whether the successors of Heftler Homes; namely, Charmec Corporation, and the conditions involved, could be legally passed --on. Mr. Birken felt that he would have to re- search the regulations and the case -law on such a question. It could be enacted, he said, on its own merits, if the request is legitimate; with Council making the determination on a hardship. V/M Disraelly MOVED that permission for Lots 3 and 4, Block 3, with the quests for permits to build on Lots build on all other lots, as long as 2,3,4 5 and 6. C/W Massaro SECONDED VOTE: C/M Kravitz - Aye C/M Zemel - Nay C/W Massaro - Aye V/11 Disraelly - Aye Mayor Falck - Aye -12-- be GRANTED to Charmec Corporation, understanding that there be no re- f and 7 of Block 1, but they could the model sales complex is on Lots the MOTION. 4/8/81 mr/ 38. Blasting and Possible Home Damage - Northwestern Area of City - Dis- cussion and possible action. SYNOPSIS OF ACTION: Recommendation was made for group insurance coverage. Tape C/M Zemel requested action to be considered for alleged damage incurred #6 to homes in the City of Tamarac. He further stated that the blasting experiments have stopped, with no complaints forthcoming from the com- munity leaders or residents within the past two weeks. It was felt, he said, that the amount of dynamite being used, has been cut -in -half; with explosions going towards the Everglades, rather than Tamarac. C/M Zemel additionally stated that 80 or 90 complaints have come from residents of Sections 23, 24 and Springlakes, as to damage to their homes, as a result of the dynamiting. C/W Massaro felt that the problem appears to have been resolved, so that the people can live with it. She said that the investigation of the damage to homes, by the City, would be opening "Pandora's box", and should be limited to the insurance companies. Mayor Falck felt that due to the large number of people involved, plus the great number of companies it entails; that discussions should be held with the insurance representatives and the residents, for accom- plishing this in a group form. C/M Zemel indicated that the largest insurer in the area, did agree there were damages incurred by the blasting, and felt that it could and should be handled by a group, to the insurance company, for it to be more effective. He said that Mr. Birken confirmed the fact that it was not a City province. MAYOR FAL.CK TURNED THE GAVEL OVER TO V/M DISRAELLY. PUBLIC HEARINGS 16. Trade In of Personal Property_ - Temp.. Ord. #862 - Discussion and possible action to permit the trade in of City motor vehicles and other personal property. Second Reading. SYNOPSIS OF ACTION: Adopted on 2nd and ORDINANCE NO.O- gl fLV PASSED. final reading. C/W Massaro read Temp. Ord. #862, by title. V/M Disraelly opened the discussion to the public, and closed it because there were no comments received. C/M Zemel MOVED that Temp. Ord. #862, be APPROVED on second and final reading, and C/W Massaro SECONDED. VOTE: ALL VOTED AYE. 17. All Service Refuse Co. - Renewal of Commercial Garbage Collection Franchise - Temp. Ord. #864 - Discussion and possible action to renew this franchise for one year. Second Reading. SYNOPSIS OF ACTION: Adopted on 2nd and final reading. ORDINANCE NO.O- fl-tll PASSED. V/M Disraelly indicated that a report has been submitted from Carol Evans, the Assistant City Clerk, as to receipt of certified, notarized yearly audit figures for All Service Refuse, Browning Ferris Industries, County Waste, Inc., Ronkoma Corporation and Southern Sanitation; but, Industrial Waste Services has not serviced anyone in the City this year. V/M Disraelly read Temp. Ord. #864. V/M Disraelly opened the discussion to the public, and closed it because there were no comments received. C/W Massaro MOVED to ADOPT Temp. Ord. #864, on second and final reading, C/14 Kravitz SECONDED. VOTE - AT.T, V(1TFT) AVF _ -13- 4/8/81 mr/ � r � 18. Browning Ferris Industries of Florida, Inc. - Renewal of Commercial Garbage Collection Franchise - Temp. Ord. 865 - Discussion and possible action to renew this franchise for one year. Second Reading. SYNOPSIS OF ACTION: Adopted on 2nd and final reading. C/W Massaro read Temp. Ord. #865. ORDINANCE NO.O- P1-/a?== PASSED. V/M Disraelly opened the discussion to the public, and closed it because there were no comments received. C/W Massaro MOVED to ADOPT Temp. Ord. #865, on second and final reading, and C/M Kravitz SECONDED. VOTE: ALL VOTED AYE. 19. County Waste, Inc. - Renewal of Commercial Garbage Collection Franchise - Temp. Ord. #866 - Discussion and possible action to renew this franchise for one year. Second Reading. SYNOPSIS OF ACTION: Adopted on 2nd and final reading. C/W Massaro read Temp. Ord. #866. ORDINANCE NO.O- Z ""45 _ _ PASSED. V/M Disraelly opened the discussion to the public, and closed it because there were no comments received. C/M Kravitz MOVED to ADOPT Temp. Ord. #866, on second and final reading, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. 20. Industrial Waste Services - Renewal of Commercial Garbage Collection Franchise - Temp. Ord. #_867 - Discussion and possible action to renew this franchise for one year. Second Reading. SYNOPSIS OF ACTION: Adopted on 2nd ORDINANCE NO.O- PASSED. and final reading. C/W Massaro read Temp. Ord. #867. V/M Disraelly opened the discussion to the public, and closed it because there were no comments received. C/M Kravitz MOVED to ADOPT Temp. Ord. #867, on second and final reading, and C/W Massaro SECONDED. VOTE: C/M Kravitz - Aye C/M Zemel - Absent from dais C/W Massaro - Aye V/M Disraelly - Aye 21. Ronkoma Corporation - Renewal of Commercial Garbage Collection Franchise -- Temp. Ord. #868 - Discussion and possible action to renew this franchise for one year. Second Reading. SYNOPSIS OF ACTION: Adopted on 2nd ORDINANCE NO.O-PASSED. and final reading. C/W Massaro read Temp. Ord. #868. V/M Disraelly opened the discussion to the public, and closed it because there were no comments received. C/M Kravitz MOVED to ADOPT Temp. Ord. #868,on second and final reading, and C/W Massaro SECONDED. VOTE: C/M Kravitz - Aye C/M Zemel - Absent from dais C/W Massaro -- Aye V/M Disraelly -- Aye aXIC 4/8/81 mr/ 22. Southern Sanitation Service - Renewal of Commercial Garber e Collection Franchise - Temp. Ord. #869 - Discussion and possible action to renew this franchise for one year. Second Reading. SYNOPSIS OF ACTION: Adopted on 2nd ORDI14ANCE NO.O- PASSED. and final reading. C/W Massaro read Temp. Ord. #869. V/M Disraelly opened the discussion to the public, and closed it because there were no comments received. C/M Zemel MOVED to ADOPT Temp. Ord. #869,on second and final reading, and C/M Kravitz SECONDED. VOTE: ALL VOTED AYE. 23. Jack Lalanne Health & Fitness Center - Special Exception -- Petition #4-Z-81 - Discussion and possible action to grant a Special Exception to allow an athletic club in a B--6 zoning district in Woodmont Plaza to be constructed at the northeast corner of McNab Road and N.U. 80th Avenue, by Temp. Reso. #1886. SYNOPSIS OF ACTION: Approved, with RESOLUTION NO.R- '?r- i%0 PASSED. conditions. Mrs. Stuurmans read Temp. Reso.#1886. V/M Disraelly opened the discussion to the public. Barry Flickstein indicated that he was representing the Jack Lalanne Health & Fitness Center. Florence Hart, a resident of Academy Hills, submitted a petition with 124 signatures, as to the zoning which permits such a center; which was read into the record by V/M Disraelly. It was also noted that additional traffic conditions would jeopardize the safety of school children in the area. Evan Cross, the City Planner, advised that other than alcoholic beverages being served, no other business has specific time closings. He also noted that Athletic Clubs are permitted, under the Business Use Ordi- nance #81-2, in any business zone, or by Special Exception. Mr. Flickstein said that the hours of the club was currently being planned from 9:00 A.M. to 9:00 P.M. during the week; and weekends from 9:00 A.M. to 6:00 P.M., which is Saturdays and Sundays. Ile further indicated there is no other health and fitness center in the City of Tamarac, and felt that the people should not be deprived of such a facility. C/M Zemel inquired about a pool, steam room and sauna, to which Barry Flickstein concurred, and indicated there would be no food, wines, liquors or alcoholic beverages perrritted,or served. Mr. Flickstein further agreed, as presented to the Planning Commission, that the maximum hours would be 9:00 A.M. to 9:00 P.M. during the week, and from 9:00 A.M., to no later than 6:00 P.M., on Saturdays and Sundays. He further said that the earliest opening, by demand, might be 8:00 A.M. In response to a question of C/M Zemel, Mr. Flickstein stated there would be approximately 30 clients at the health center,between 8:00 to 10:00 A.M.; with the 3:00 to 5:00 P.M. time being a slow period. Mort Student indicated that people were not aware of this item being Presented to the Planning Commission or to the City Council, in order to voice their opinion. C/W Massaro said this is a public hearing, which was advertised in the Ft. Lauderdale News. V/M Disraelly suggested to Mr. Student, that when people call about various items, that he recommend they call a member of the City Council for information on a Council Agenda, in the future. -15- 4/8/81 mr/ 14 19 L 1 Mr. Flickstein distributes copies of the site plan to Council., also, posting it on the board. Barry Eden indicated that this has been approved by the City, and that rezoning was requested. But,the City determined to develop this in a B-6 concept,he said, as long as no food establishments were involved in the center. He further stated that there will be a minor modifica- tion on the roof -line. Mr. Eden said that the Woodmont Country Club developers approved the use of their logo at the Woodmont Plaza. Anna Kolber, a resident of Academy Hills, inquired as to the height of the building, to which Mr. Eden indicated it would be one-story, with no elevators, or food stores being permitted along McNab Road, and in the B-6 zoning. Tape V/M Disraelly indicated that this building does not go up to the bank, #7 and there will be additional open land involved, with a zoning of B-6. Also, he.said, there will be a six-foot high wall separating Academy Hills from this project, with parking between the wall and the building. He responded to a question by Mort Student, by stating that the City will not permit anything over 40 feet in height,to be built. V/M Disraelly closed the public hearing, because there were no further comments received. C/M Zemel MOVED to APPROVE Temp. Reso. #1886, with the following condi- tions: 1) That no food, wines, liquors, or other alcoholic beverages will be served on the premises. 2) That the opening hour shall be no earlier than 8:00 A.M., nor the closing hour be any later than 9:00 P.M., on weekdays. 3) That the opening and closing hours on weekends, including Saturdays and Sundays, shall be no earlier than 9:00 A.M., and no later than 6:00 P.M. C/W Massaro requested inclusion to the motion, that the Beautification Plans shall be beyond what is required by Ordinance, and be subject to approval of the City Council; and to come back to Council. C/M Zemel concurred. 4) Request for whatever beautification the City Council requires. C/M Kravitz SECONDED the MOTION. V/M Disraelly said that from the Academy Hills property line, the proposed building will be at a distance of 74 feet, with parking in that area, and the homes will be approximately 100 feet away. VOTE: ALL VOTED AYE. 24. F&R Builders, Inc. - Rezoning Petition #5-Z-81 - Discussion and possible action to rezone the west recreation parcel of Tamarac Gardens located at the southwest corner of McNab Road and N.W. 98th Avenue from R-4A to S--1, by Temp. Ord. #872. First Reading. SYNOPSIS OF ACTION: Approved on 1st Reading The Acting City Manager read Temp. Ord. #872. V/M Disraelly opened the discussion to the public, and closed it because there were no comments received. C/W Massaro MOVED for APPROVAL of Temp. Ord. #872, Rezoning Petition #5-Z-81, on first reading, and C/M Kravitz SECONDED. VOTE: ALL VOTED AYE. 25. F&R Builders, Inc. - Rezoning Petition #6-Z-81 - Discussion and possible action to rezone the recreation parcel located adjacent to Westwood Boulevard West on the eastern part of Tamarac Gardens subdivision from R--4A to S-1, by Temp. Ord. #873. First Reading. SYNOPSIS OF ACTION: Approved on 1st Reading. -16-- 4/8/81 mr/ Mrs. Stuurmans read Temp. Ord. #873. V/M Disraelly opened the discussion to the public. Mort Student requested that Council include the various zoning classifi- cations at the end of the Agenda, for clarification to the public. V/M Disraelly felt this was an oversight on the part of the City Clerk, which will be corrected in the future. The public hearing was closed because there were no additional comments received. C/W Massaro MOVED that Temp. Ord. 873 be APPROVED on first reading, and C/M Kravitz SECONDED. VOTE: ALL VOTED AYE. COMMUNITY DEVELOPMENT 33. Cypress III and IV (Woodmont Tracts 68 and 77) and Pines III (Woodmont Tract 54) - Model ^Sales Facility - Discussion and possible action on a request to permit a model sales facility and a waiver of the 300--foot distance for Certificates of Occupancy requirement. SYNOPSIS OF ACTION: Model Sales Facility approved within Cypress III project; all other items tabled to future meeting. Gene Toll, of Toll Development, believed that at the time the site plan and plat approvals were given, it also included the model buildings. Everything, he said, was submitted to Evan Cross, as per his letter, with requirements, which was dated 4/1/81. Fie requested that Cypress III be discussed first, relating to the requirements of the model building; which could be followed by the waiver of the 300-foot dis- tance. One building was erected, he said., with three apartments being used as models, and one, as an office. The balance of the building, he indicated, is empty; and two more buildings are being constructed on that site, namely, buildings 2 and 9, with #10 to follow. Mr. Toll presently requested use of the building for model sales, and would then ask for Certificates of Occupancy. Mr. Cross advised that under Section 28-216 of the Code, which is Ordinance 80-56, the City Council is to grant a six (6) month permit for use of a building for model, office and adminstrative use. By separate motion, he said, Council has been approving or denying the two-way waiver, either one for parking, which is not necessary in this instance, under the present Code; or the distance requirement of 300 feet. At the moment, this should be considered under Cypress III. Mr. Toll advised that a waiver is not necessary for the parking, because it has been put in, to which V/M Disraelly said that it did not match Mr. Cross' letter. V/M Disraelly said that, as of Sunday, there were no wheel stops in front of the entrances to the apartment, at the right,and directly in front, to which Mr. Toll said they were removed, but are presently there. He was informed by his Project Manager that everything is in compliance at this time. Mr. Toll said that previously a form was used, which was a letter signed by each Owner, for every tract, prior to contract, to enable them to continue use of the models, which was within the proximity of the ordi- nance. C/W Massaro felt this should be handled under the same conditions, and realized it was difficult to leave a building vacant, with the cost of mortgages at this time. She MOVED to permit the model sales office in this building. Mr. Toll felt that the model sales office and site plan were approved at the same time, to which Mr. Cross indicated that the model sales fee was not paid. -17- 4/8/81 mr/ W C/M Kravitz inquired whether the entire item has to,be handled in a package, or can be done separately; to which V/M Disraelly stated that it was his understanding that each one should be done individually. He also said if there was previous approval, the minutes would have reflected this. Katie Braiman, of Toll Development, said letters were presented to the Building Department, as part and parcel, in obtaining the C.O.s, at the request of Council. V/M Disraelly indicated that he would like to review the Council minutes granting approval to the Building Department, for issuance of C.O.s in these areas, because it is not stated in the Model Sales Ordinance. He further stated that it would be a deviation from the model sales office. V/k1 Disraelly said this was discussed at a Council two weeks previous, and such a petition was denied for someone else. Mr. Toll advised Council that people will be living upstairs in this building, and, also living within 300 feet in Buildings 2 and 9; and felt the approval was urgent, because he sold the first unit with an 11 3/4% mortgage. Mr. Cross informed Council that Mr. Toll's letter named Ordinance 77-12, which was amended by 0--80-56, and the request for submission of letters might have been under the previous ordinance. V/M Disraelly explained that Concord Village used a particular building for model sales; Tamarac Gardens is building a separate one for model sales, while other buildings were being constructed. FIVE-MINUTE RECESS CALLED....... Mr. Toll requested that only model sales use approval be considered today, at Cypress Ill, also, noting that everything has been..complied with as stated in Evan Cross' letter. C/W Massaro AMENDED HER MOTION, to GRANT permission for the model sales facility within the Cypress III project, and C/M Kravitz SECONDED. Mr. Cross explained the fact that Cypress III consists of two tracts, 68 and 77, to which Mr. Toll again requested permission to use building 1 in Tract 68, as a model building. Mr. Toll indicated that. Tract 54, whichconsists of villas, Pines III, has not been cleared by the Plan- ning Commission at this time. Mr. Birken indicated that the site plan has not been approved, which would be followed by model sales approval, to which V/M Disraelly recom- mended that model sales be considered at this time -for Cypress III. VOTE: ALL VOTED AYE. C/W Massaro MOVED that all other discussion of Item #33, be TABLED to a future meeting, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. V/M Disraelly thanked the Council members for their cooperation in the handling of the Public Hearing items; and, then turned the gavel over to Mayor Falck, who was in attendance. 34. Mission Lakes (Southgate Gardens East)- Model SlIkes Facility - Discus- sion and possible action on a request to permit a model sales facility and a waiver of the 300-foot distance for Certificates of Occupancy requirement. SYNOPSIS OF ACTION: Model Sales Facility tabled to , with revised site plan being submitted to Planning Commission; waiver for C.O. tabled to future. C/W Massaro suggested to separate this item, to which Mr. Toll said that he concurred, and would only request the model sales facility at this time; and, bringing the balance of C.O. requirement to Council, at a future date. C/W Massaro MOVED that Mr. Toll be granted permission to use the model sales facility within Southgate Gardens East complex, and C/M Kravitz SECONDED. OHM 4/8/81 mr/ 14 Mr. Toll said that he was in receipt of a letter from Mr. Cross, which was reviewed by Larry Keating, with objections to the temporary entrance in the model area, being too close to the intersection. He did agree to move this within the next 10 days, and could be used as an emergency entrance, until completion of the development. He felt that portion Tape of the item could be tabled until a later date, when additional parking 48 could be installed. Mr. Birken indicated that even if it is temporary, there should be a revised site plan, which is required prior to initiation of the con- struction and development of the land, for public or private improve- ments, and so forth. He also noted the only exclusions are single or two-family residence and a change in the appearance of the structure or property owned by the City. Fie further stated that a site plan pre- viously approved by the City Council, and proposed to be revised in any manner, either by the developer or the City, shall first be submitted to the Planning Commission. It would thereafter be presented to Council, prior to the issuance of any permit, except where total building coverage or parking requirements have not increased, and vehicular circulation is not changed. Mr. Toll indicated that he was not required to put in 71st Street, 4nd was not part of this property,or being accessed. lie said the Fire Chief and Police Chief requested that 71st Street be cut, and paid the entire bill; with an agreement established whereby the City would refund 50% of the monies spent, if there was no development within the next five years. V/M Disraelly and C/W Massaro felt that the records should be checked, or a revised site plan has to be submitted, because there is no record of a model request. Mr. Birken reiterated that if the traffic circulation is not changed, then it could be presented directly to the City Council. C/W Massaro inquired whether the Planning Commission could have a joint meeting on this subject, with submission by Mr. Toll, of a revised site plan. Mr. Cross advised that staff has no problem, but Council has to act on a revised site plan, and would place it on the Planning Commission for for the April 15, 1981 meeting, and have it returned to Council for their regular meeting of April 22, 1981. C/W Massaro withdrew her previous MOTION, and C/PZ Kravitz concurred. C/W Massaro then MOVED to TABLE the item to the next regular meeting of April 22, 1981, on the model sales facility only, providing that a revised site plan has been submitted to the Planning Commission for consideration, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. C/W Massaro MOVED that the portion of the item which indicates a waiver of the 300-foot distance for Certificates of Occupancy requirement, be TABLED for a future time. V/M Disraelly SECONDED. VOTE: ALL VOTED AYE. LEGAL 26. Commercial Plaza, Inc. - SuretZBo�nd - Temp. Reso. #1880 - Discussion and possible action to call this bond posted to provide a positive drainage system in order for the City to have installation commence. SYNOPSIS OF ACTION: Proper people autho-- RESOLUTION NO.- ^PASSED. rized to recall bond issued by Travelers Indemnity Co. for $19,462.50. The City Attorney read Temp. Reso. #1880. C/W Massaro noted that the word Indemnity was misspelled in the title. Mr. Birken advised that in 1974 a surety bond was issued by Commercial Plaza, Inc. to guarantee construction of a positive drainage system. 4/8/81 -19 - mr/ Premiums, he noted, were paid on the bond, through April 12th, but the work was not performed, and the bond will be expiring; and, would recommend to Council that the bond be called. lie further stated that a letter was sent by him last week to Commercial Plaza, Inc., informing them that if the bond was not remitted by this day, a recommendation would be made to Council, to call the bond, and the City would endeavor to have the work completed. V/M Disraelly MOVED that the proper people be authorized to recall the bond issued by Travelers Indemnity Company, for Commercial Plaza, Inc., in the amount of $19,462.50, by approving Temp. Reso. #1880. C/M Zemel SECONDED. VOTE: ALL VOTED AYE. 27. Leadership Housing, Inc_ - Land Dedications - Temp. Reso. #1876 - Dis- cussion and possible action to accept a deed offered by Leadesrhip Housing, Inc., for various parcels of land throughout the City. SYNOPSIS OF ACTION: Approved, as amended RESOLUTION NO.R- $/-2.?^PASSED. The City Attorney read Temp. Reso. #1876, and indicated that the deed and resolution stem from the July 31, 1979 agreement with Leadership Housing. He said that at that time, they gave the City a list of all the property where taxes were being paid, but the City chose the parcels they were interested in. Through no fault of Leadership's, he said, the property taxes have not been resolved, which involved some confusion on one parcel in the western portion of the City, with an outstanding amount of $727.00. Additionally, he said, that Leadership stated that if adjustments are to be made, they will be paid and pro -rated through this day's date. Mr. Birken said that he has been attempting to reach Mrs. Rabinowitz, of Leadership, that the resolution be passed, subject to payment by Leadership, of all outstanding real property taxes, in the amount of $727.00, with any adjustments being paid on a pro-rata basis for this year's taxes. The City Attorney indicated that rights--of-way were being given for 61st Street, 64th Street, and 94th Avenue. V/M Disraelly said that based on the input presented by the City Attorney, he would MOVE to accept the quit -claim deed offered by Leadership Housing, Inc., for certain parcels of land and rights -of - way; Parcels, 4,8,12,14,15,18,23,26,28,34, additional right-of-way for Nob Hill Road and Commercial Boulevard, and proposed right-of-way for 94th Avenue. The following language is to be added to SECTION 1: "subject to the payment by Leadership Housing, Inc. of all outstanding real property taxes on the parcels conveyed". C/Ld Massaro SECONDED the motion. Mr. Birken said the amount would be $727.00, plus adjustments from the interim to the permanent tax roll. VOTE: ALL VOTED AYE. V/M Disraelly said that Parcel #11, is the canal, immediately north of Zacks Restaurant, was originally in the tax rolls, but was not included in the quit -claim deed, dated 9/26/80; and, was previously discussed as a canal. He requested that the City Clerk or City Attorney research the situation on Parcel 11, and to not leave this on the tax roll of Leadership, because it is a canal. COMMUNITY DEVELOPMENT 37. Drainage Improvements - Reports, discussion and possible action. SYNOPSIS OF ACTION: Report by City Engineer. Larry Keating, the City Engineer, reported that the Sunflower area, on 82nd Street, between 73rd and 74th Terrace, and 74th Avenue, re- quired that hoses, jet vac and jet rodder be used by the Public Works Director, for pumping dry, prior to inspection of the catch basins. CrAfla 4/8/81 mr/ Mr. Keating said that he would submit a report to Council, with a recommendation for work to proceed in Westwood 3, along with a report on the Sunflower area. He further stated that the bids ex- pired in both areas, and would have to be rebid. The City Attorney requested that action on the bids be checked, also, the bidders be notified and the bid bonds be returned by the City Manager, advising that the City is not proceeding. Mayor Falck inquired as to inspection by the City Engineer, of 23rd Avenue, where four new catch basins were installed, to which Mr.Keating responded that he has not done so, unless requested by Mr. Thissen. Mr. Keating responded to a question by C/M Zemel, by stating that 80th Street and also Section 23 projects were both ahead of schedule. C/W Massaro advised of complaints on the striping in the areas of 70th And 79th Avenues, and 83rd Terrace, with accidents occurring, because it did not permit proper width for turns. She said that through her personal contact, she was able to get this work done by the County; and, a letter which was received this day, advised of the restriping of the three streets. She further stated that 49th Avenue has just been completed, with striping, and also widening, C/W Massaro said that Mr. Keating would respond to this letter, and would be aware of the details. 42. Rust on Medians and Commercial Boulevard from the Sprinkler Systems - Discussion and possible action. SYNOPSIS OF ACTION: AGENDIZED BY CONSENT John Gerren, of the County, to Be contacted for a meeting with Larry Keating and C/W Massaro. C/W Massaro MOVED to AGENDIZE BY CONSENT the item of rust on medians from the sprinkler systems on Commercial Boulevard, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. Tape #9 V/M Disraelly referred back to the striping of the streets, to which C/W Massaro indicated that Mr. Keating will look at the uniform striping, prior to his response of the County's letter. V/M Disraelly indicated that the confusion of striping going in different directions should be corrected, to which C/W Massaro concurred. C/W Massaro said the situation of rusting was deplorable, which involves various businesses, and includes trees, streets, gutters and medians being covered with rust. She requested that the City Engineer arrange a meeting with John Gerren, and also herself, for control of City water, and a means of resolving the rust situation, if Council concurs. C/W Massaro said that Coral Gables Federal has a gadget cleaning.system, which is not being applied properly, and is in the area of State Road 7 and Commercial Boulevard. V/M Disraelly said that the Code Enforcement Officer should cite certain areas, as relates to improper cleaning by various businesses. Mrs. Stuurmans advised that her office has recently issued a letter to Henry Cooke, as to the City refusing acceptance of the maintenance responsibility for the medians on Commercial Boulevard. Additionally, she said, bills were received from Florida Power & Light, for the sprinkler pumps, which were returned, indicating that the City was not responsible for this. She further stated that a reply should be forth- coming from Mr. Cooke, but they are aware that the City is concerned about the irrigation system and the rust which is occurring, as a result. She also said there were questions as to the need for berming, for safety, and the boxes used above ground, for concealment of the pumping systems for irrigation. C/W Massaro indicated that the County has to go back on the north side of 50th Avenue, for drainage correction; with 49th Avenue being cut back and widened, in order for people to adequately make a turn. She -21- 4/8/81 mr/ also stated completed, results. that the County refused to do Guava Drive, but it is almost and felt that personal contact with the County, was bringing C/M Zemel felt that Code Enforcement should be discussed with the Police Department, but did not anticipate results. Mrs. Stuurmans said that Mr. Cooke has not replied to her letter; also, noting he was a subordinate to Mr. Gerren, with whom C/W Massaro was dealing. Mayor Falck concurred with contacting Mr. Gerren, and an appointment being instituted for C/W Massaro and Larry Keating, to meet with him. Mrs. Marjorie Kelch, a form involved, promised, but wer sidewalk extension, fencing also, noting that the area but acceptable. 39. City Council er Councilwoman, discussed areas that were e never accomplished.She discussed the canal, around a curbed area, which was dangerous; around the fountains, was not beautiful:, C/M Kravitz advised Council that he had at least six items to report, and would submit them by memo, in order to get a response from the Councilpers,6ns. C/W Massaro discussed removal of approximately six (6) trees by the County, with the work going on at Rock Island Road, which they want to replace. But, the people at the County, were requested to not replace these trees, because Ralph Thissen indicated that he could not get his boat into the area. She further stated that Mainlands I was frightened, and complaints were made by the people, which left the area open to intruders. C/W Massaro said she could discuss this with Ralph Thissen, also, feeling that the plantings could be done without any objection, by Mr. Theiss. V/M Disraelly said that based on discussions held this day, and the input submitted by the City Attorney, as to ordinances, he suggested that he prepare a new ordinance, changing requirements for street lighting in subdivisions, providing for sodium vapor lights, by changing the standards from 4500 to a minimum of 5800 lumens. He also discussed power boats in the secondary canals, and whether this could be restricted, to which the City Attorney responded that they are public canals and rights -of -way. The Vice -Mayor said that more people were concerned, and could go into the C-14 canal; with a request that the City Attorney investigate and research the possibility of no boats in secondary canals. V/M Disraelly said that based on the input received for model sales, he felt it should be re --reviewed and clarified by the City Attorney. 40. City Manager No Report. C/W Massaro requested that Section 9 be re-examined, because double amounts of monies were being paid for lighting, to which Mayor Falck suggested that the Acting City Manager follow-through with the area west of Brookwood Boulevard. 41. City Attorney Mr. Birken reported that the Executive Board of the Broward League of Cities voted to explore the possibility of litigation, as relates to the Plat Ordinance. He said that Attorneys were to be contacted by the League regarding the challenge of the ordinance, and possibili- ties of going to Court. He additionally stated that the cities in the County will be contacted, for their interest in this, and felt that Council might wish to discuss this at a future meeting, for an amend- ment. He said that Mayor Falck and he have been actively involved in this matter, and will continue to keep Council advised for develop- ments. -22- 4/8/81 mr/ The City Attorney discussed the overpass at the Elementary School, which the Mayor and he walked -through, with a suggestion that the Council members would be interested in viewing the area, and walking across the overpass. Ile said there were some items of concern in the area, which the architect felt was no problem. Mr. Birken indicated that the height of the fence and some open areas did have to be checked, which would be addressed to Broward County. Mayor Falck felt that the screening should be installed flush with the railing, which has been modified in some areas, by putting in rods. He also noted that mesh and bolts could very easily be lifted. Mr. Birken further stated that the City will be responsible for the maintenance of the overpass, but prior to acceptance, it should be in proper order. He said the County built it, and until conveyed to the City, the responsibility is still theirs. The Mayor said the overpass was far from being acceptable. He further stated that there is lighting on the east side of the pass, but might additionally require lighting on the west side. Tape Mayor Falck indicated that the bike -rack was "on -hold" at this time. #10 MEETING WAS ADJOUP14ED AT 5.00 P.M. nca R ATTEST: A SISTANT CITY CLERK This public document was promulgated at a cost of $ 06 2.16 , or $� - 3� per copy, to inform the general public and public officers and employees about recent opinions and considerations by the City Council of the City of Tamarac. APPROVED BY CITY COUNCIL ON/ -23- 4/8/81 mr/