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HomeMy WebLinkAbout1980-04-23 - City Commission Regular Meeting Minutesu P. D. sDX 25010 TAMARAC, FLORIDA 33320 FIRST CLASS MAIL CITY OF TAMARAC, FLORIDA CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, APRIL 23, 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. Operations - Status Report - Discussion and possible action. 2. Developers' Agreements - Discussion and possible action. (Comm.Blvd.Lands - Approved) 3. Utility Director - Report by City Manager -- Discussion and possible action. Temp. Ord. #759 PRESENTATIONS/AWARDS 4. Employee Service Awards - Presentation of Five -Year Pins to Carol Evans, Assistant City Clerk, and Elizabeth ann Jara, City Clerk's Department. 5. Consent Aaenda - Items listed under Item #5, Consent Agenda are viewed to be routine and the recommendation will be en- acted 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 Agendz and will be considered separately. a) Minutes of 3/13/80 - Reconvened Regular Meeting - Approval recommended by City Clerk. b) Minutes of 3/19/80 -- Reconvened Regular Meeting - Approval recommended by City Clerk. c) Minutes of 3/26/80 - Regular Meeting - Approval recommended by City Clerk, d) Alan F. Ruf - Consulting Attorney - 4/17/80 - $990.00 - Approval recommended by City Attorney. e) Muller, Mintz, Kornreich, Caldwell & Casey - Special Counsel - 4/8/80 - $3,742.05 - Approval recommended by City Attorney. f) Shail.er & Garay - Special. Counsel - - �3t,c;,.51 - Approval recommended by Cit,r Attorney. 1/23-pgs.2, 3) 4/23-pgs.3,4) 4/30-pg.2) 4/23-pg.4) )rd. Denied -- �.Mgr.to seek Itil.Dir. (4/23-pg.5) (4/23--pgs. 5, 6 i) Remd . , then Appd.as correc. )) , c ) --Aped . as correc. 4) thru o)- Appd. ) Remd . & Appd.as Corr a) thru u) - Appd. g) Williams, Hatfield & Stoner - Consulting Engineer-4/l/80 $100.00 retainer. Approval recommended by City Engineer. (Account #1-155-515-310) h) Williams, Hatfield & Stoner - Consulting Engineer-3/10/80 $3,591.25 from Account #1-108-515--310, $133.50 from Account #1-108-515-470 - Total $3,724.75 - Approval recom- mended by City Engineer. i) Williams, Hatfield & Stoner - Consulting Engineer-3/10/80 $1,654.75 from Account #425-368-535-310 - Approval recom- mended by City Engineer. j) Williams, Hatfield & Stoner - Consulting Engineer-3/18/80 $1,869.25 from Account #425-368-535-310 - Approval recom- mended by City Engineer. k) Williams, Hatfield & Stoner - Consulting Engineer-3/18/80 $3,922.25 -- from General Reserve 429 Fund - Approval recommended by City Engineer. 1) Williams, Hatfield & Stoner - Consulting Engineer-3/18/80 $430.50 from R & R Account 428 - Approval .recommended by City Engineer. m) Mid -South Engineering - Traffic Circulation Study - Com- prehensive Plan - 1/4/80 - $1,800.00 - Approval recom- mended by City Planner. n) Mid -South Engineering - Housing Element - Comprehensive Plan - 2/l/80 - $1,875.00 - Approval recommended by City Planner. o) Mitchell Ceasar - Grants Consultant - 4/9/80 - $833.33 retainer, $15.78 expenses - Total-$849.11 -- Approval recommended by City Manager. p) Bid Authorization - Public Works - Capital equipment - Approval recommended by City Manager. q) Bid Authorization - Sod Farm Insurance - Approval recom- mended by City Manager. r) Mid -South Engineering - Traffic Circulation Evaluation - Commercial Boulevard, east of Rock Island Road - Recom- mended to be removed from the agenda. GENERAL ADMINISTRATIVE/FINANCIAL 6. Police Department - Justice System Improvement 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. 7. City Hall Space -- Report by City Manager - Discussion and possible action on plan to provide additional space for administrative departments. 8. Alexander Grant & Co. - Discussion and possible action on: a) Audit 1979/80 Report b) Special Audit 1979/80 FY 9. Budget Transfer - Utility West - Discussion and possible action to transfer $6,223.00�from Reserve for Contingency Account to General Reserve Account for the inspection of lines for sewer system inter -connect with Broward County. PAGE TWO. (4/23-pg.12) ZESO.80-105 (4/30-pgs.2,5, ))& (5/6-pgs.6 -o 8)C.Mgr. -eport (4/23-pgs.7,8) (4/30-pgs.3,4) ( 5/6-pg. 5) TBLD -o 5/14 (4/23-pgs.12, _3)Appd. I M PAGE THREE. LEGAL AFFAIRS 10. Mainlands - Section 7 - Deed Restrictions -- Discussion and (4/23-pgs.10, possible action to re -assign the deed restrictions to the 1) Section Association -- Temp. Reso. #1588. :ZESO.80-106 11. Deed Restrictions - Discussion and possible action concerning (4/23-pg.11) the reassignment of deed restrictions to the Section Associa- ity Officials tions by Resolution. utho.exec. 12. Tamarac Shopping Plaza - Site Plans -- Discussion and possible (4/23-pg.26) action. BLD.-exten. o �14 mtg. pg 13. Business Uses - Temp. Ord. #710 - Amending Code Section 28 by (4/23-s,2�6, establishing restrictions on various types of businesses. 7)(4/30-pg.6) First Reading. Appd.on lstRdg 14. Model Sales/Administrative Facilities - Temp. Ord. #718 - (4/30-pgs.6,7) Revised - Amending Code Section 28 by permitting these RD.80-56 facilities for one residential project to be located at the site of another project. Discussion and possible action. Second Reading. (Public Hearing held 3/31/80). If Item #14 is adopted on Second Reading, the City Council may consider and take action on the following item: 15. Model Sales/Administrative Facilities Fees -- Temp. Reso.#1579 (4/30-pg.8) Discussion and possible action to adopt these fees by Resolu- ES0.80-111 tion. 16. Sign Permit Fees - Tem Reso. #1593 -- Discussion and possibl (4/30-pg.8) action to adopt sign permit fees and repeal Resolution No. RESO.80-112 R-80-71. 17. Elected Officials Terms of Office - Temp. Ord. #723 - Amends 4/30-pgs.8,9) Code Section 2 by modifying the date which elected officials Appd.on 1st take office. Discussion and possible action. First Reading. Rdg.as amend. 18. Code Supplement #4 - Tem . Ord. #752 - Discussion and possible (4/23-pg.12) action to adopt the 4th Supplement to the Code of Ordinances. Appd. on 1st First Reading. Rdg. 19. Park and Recreation Site Ac uisition - Temp. Ord. #742 - 4/30-pgs.9-11 Amends Code Section 20 relating to park and recreation lands Appd.on 1st in RD-7, R-3 and R-4A zoning districts. Discussion and pos- Rdg.as amend. sible action. First Reading. 20. Council District Boundaries - Temp. Ord. #754 - Amends Code 4/30-pg.16) Section 2 by removing the codification requirement for the Appd.on 1st boundaries. Discussion and possible action. First Reading. Rdg. 21. City Council Regular Meetings -- Temp. Ord. #755 - Amends Code 4/23-pg.12) Section 2 to conform with the Charter provision of the August ppd. on 1st recess. Discussion and possible action. First Reading. Rdg. 22. Woodmont - Tract 47 - Vacation of Easement - Tem . Ord. #757 4/23-pg•10) Discussion and possible action to vacate an entranceway ease- ppd• on lst ment to this tract from the golf course. First Reading. Rdg. PUBLIC HEARINGS - 2:00 P.M. 23. Newspaper Collection -- Temp. Ord. #619 - Discussion and pos-- (4/23-pgs.14- sible action to require preparation and separation of news- 16)TBLD.to papers. Second Reading. 5/28 24. Beautification Committee Duties - Temp. Ord. #715 - Amends 4/ 3-pgs•16, Sections 6 and 7 of the Code transferring certain duties from 17) the Planning Commission to the Beautification Committee. ORD.80-55 Second Reading. 25. Bingo Regulations - Temp. Ord. #729 - Discussion and possible 4/23-pg.17) action to exempt the City from County regulations and re- ORD.80-44 defining areas in the City where bingo games may be operated under certain conditions. Second Reading. M PAGE FOUR. 26. Non -Conforming Uses - Temp. Ord. #732 - Amends Section 28-1 (4/23-pg.17) by re -defining this use by removing existing structures from ORD.80-45 this definition when setback requirements are changed. Dis- cussion and possible action. Second Reading. 27. Off -Street Parking Regulations - Temy. _Ord. #737 - Amends (4/23-pgs.18 & Sections 18--1(5) by permitting parking facilities on ad-- 27) joining property and establishes requirements for reciprocal ORD. 80-46 parking easements. Discussion and possible action. Second Reading. 28. City Petition #9-Z-80 - Caporella Park - Discussion and possible action to approve a rezoning from R-lB to S-1 on the east side of Prospect Road, 300 feet north of Commercial Boulevard, extending north 700 feet - by Temp. Ord. #743. Second Reading. 29. All Florida Sanitation - Renewal of Commercial Garbage Col- lection Franchise -- Temp. Ord. #744 - Discussion and pos- sible action to renew this franchise for one year. Second Reading. 30. All Service Refuse Co. - Renewal of Commercial Garbage Col- lection Franchise - Temj2. Ord._ #745 Discussion and pos- sTble action to renew this franchise for one year-2nd Rdg. 31. Browning -Ferris Industries of Florida - Renewal of Commer- cial Garbage Collection_ Franchise - Temp. Ord. #746 - Dis- cussion and possible action to renew this franchise for one year. Second Reading 32. County Waste, Inc. - Renewal of Commercial Garbage Collec- tion Franchise - Temp. Ord. #747 - Discussion and possible action to renew this franchise for one year.Second Reading. 33. Industrial Waste Services - Renewal of Commercial Garbage Collection Franchise - Temp. Ord. #748 - Discussion and possible action to renew this franchise for one year-2nd Rdc (4/23-pgs.18, 19) ORD.80-47 (4/23-pgs.19, 20) ORD.80-48 (4/23-pg.20) ORD.80-49 (4/23-pgs.20, 21) ORD.80-50 (4/23-pg.21) ORD.80-51 (4/23-pg.21) ORD.80-52 34. Ronkoma Corp. - Renewal of Commercial Garbage Collection I (4/23--pg.21) Franchise - Temp. Ord. #749 -- Discussion and possible actio ORD.80-53 to renew this franchise for one year. Second Reading. 35. Southern Sanitation - Renewal of Commercial Garbage Collec- tion Franchise - Temp. Ord. #750 - Discussion and possible action to renew this franchise for one year. Second Reading, COMMUNITY DEVELOPMENT 36. Isles of Tamarac - Discussion and possible action on: a) Perimeter Wall - Maintenance Agreement b) Landscape Plan c) Continue with building of house on Lot 52(AGENDIZED) 37. University Community Hospital - Discussion and possible action on the revised site plan for the employee parking lot and traffic circulation patterns within the hospital complex and surrounding medical office buildings. 38. Edgewater Village - Discussion and possible action on: a) Agreement for sidewalk and swale areas. b) Partial Bond Release - Temp. Reso. #1586. c) Acceptance of Road Rights -of -Way - Temp. Reso. #1592. 39. Commercial Plaza - Sign Waiver - Temp. Reso. #1594 - Dis- cussion and possible action on request to install one ad- ditional directory sign for this shopping center. (4/23-pg.22) ORD.80-54 (4/23-pgs.23, 24 &4/30-pgs.11 -15) a I Tbld. b Submit 1 week c ADDd. (4/23-pgs.13, 14)Rev.Site Plan Appd.subj C.Eng.Drnge. At)pvl . (4/23-pgs.23, 24) RESO.80-108 With cond. & IRESO.80-107 (4/23-pgs.22, 23) & (4/30- pg.2)TBLD. to 5/14 r 40. Spring Lake - Revised Site Plan - Discussion and possible action to approve the Shuffleboard Court improvements. 41. Tamarac Gardens - Discussion and possible action on: a) Site Plan b) Plat - Temp. Reso. #1595 c) Developers Agreement (located on the south side of McNab Road, west of Lime Bay) 42. Woodmont - Tract 72B - Discussion and possible action relative to increasing the width of the pavement and elim- inating one-way traffic. 43. Woodlands - Section 5, Lot 6, Block 40 - Discussion and possible action concerning partial vacation of Utility Ease- ment by Temp. Reso. #1596. 44. Spring Lake - Discussion and possible action on: a) Agreement b) Partial Release of Certificates of Occupancy. REPORTS 45. City Council 46. City Manager 47. 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 48. Helistop - Tema. Reso. #1601 - Discussion and possible acti PA(;F FTVF. _ (4/23-pg.28) Approved 4/30-pg.2) TBLD. to 5/14 (4/23--pgs. 8-10 Rev.Site Plan Appd.by P.Comm &C.C.with cond (4/23-pg.24) RESO.80--109 (4/23-pgs.24, 25) (4/30-pg.2) (5/6-pgs.1,2, 5,6) a)Appd.as sub. b)4 C.O.s, after final inspection. (4/30-pgs.18- 24) ;4/23-pg.1,28) ZESO.80-104 49. Committee for Community Development Delegate -- Discussion anl(4/23-pg.1) possible action. (4/30-pg.16) C/M Dis.raelly 50. Polish Constitution Day - Proclamation to be presented by (4/23-pg.1,5) Mayor Falck naming May 3rd, 1980. 5s) Apelquist Construction -- 1$50.00 - Rust Free Water Filter 4/23-pgs.1,5, Chemicals )Approved 5t) Apelquist Construction - $243.10 Invoice - Final bill for the(4/23-pgs.2,6) East Side Fire Station, less retainage. Approved 4/30-pg.3) 51. Sands Point Bond Release - Temp_.Reso.#1597 - Correction - (4/23-pgs.2, Discussion and possible action. 11 & 12) ESO.80-110 62. Tract 46 - Parcel of Land to be used in conjunction with the (4/23-pg.2) Utility. (4/30--pg.16,17 TBD. to 5/14 53. Creati.on.of .Liaison with Crime Watch of. Broward County (4/30-pg.1,17) Temp., Resolution #1598. ESO.80-113 (OVER) 54. Water & Sewer Developers Agreement -Jerome F. Graham 55. Census (a) 30-day Extension of Post Census Review Period - Temp. Reso. #1602 - b) Discussion and possible action on permitting workers to use Council Chambers for testing. PAC,F. qTX (4/30-pg.1,17) Appd. subj.to C.Eng. & C.Att� approval. (4/30--pgs.1,17) RESO.80-115 an( b)Time estab. with C.Mgr. 56. Requesting Amendment of Florida State 718.507 relating to (4/30-pgs.1,18) regulating conversion of rental property to condominium - (5/6-pg.5) Tem . Reso. #1599 REJECTED 57. Continuation of Revenue Sharing on National Basis - (4/30-pgs.2,18) Temp. Reso. #1600 RESO.80-114 58. Appointment of Steve Wood as Finance Director (4/30--pgs.2,18) Approved 59. Request for additional 30-day extension of work covered (4/30-pgs.2,18) under surety bond at Wed ewood (Gene Hahn) Approved 60. Continuation of Bond with Coral Gables Federal S/L, until (4/30-pg.20) authorization of release by City. C.Atty. to submit letter with memo of C.Engr. 61. Committee Bill "PCB" - 20 Pertaining to Annexation of (5/6-pgs.1,2,3) Enclaves - Temp. Reso.#1610 - Discussion and possible RESO.80-116 action. 5u) Apelquist Construction Co. - Fire Station #2 - Payment (5/6-pgs.1,4) of last bill and retainer Appd. 62. Bid Authorization - Video Tape Recording Equipment - (5/6-pgs.1,3) Utility - Discussion and possible action authorizing the C.Mgr.autho. City Manager to go out for bid. to go for bid. 63. Utility Relocations - McNab Road from University Drive to (5/6-pgs.1,4) N.W. 70th Avenue - Discussion and possible action. C.Mgr.autho.to discuss con- tract with Cnty 64. Infiltration - Pump Station #33 and #18 (5/6--pg.6) C.Mgr.to submit full report. CITY OF TAMARAC, FLORIDA REGULAR CITY COUNCIL MEETING April 23, 1980 CALL TO ORDER: Mayor Falck called the meeting to order on Wednesday, April 23, 1980, at 9:30 A.M., in the Council Chambers ROLL CALL: PRESENT: Mayor Walter W. Falck Vice -Mayor Helen Massaro Councilman Irving M. Disraelly Councilwoman Marjorie Ketch Councilman Irving Zemel ALSO PRESENT: City Manager, Edward A. Gross City Attorney, Arthur M. Birken Ass't. City Clerk, Carol 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 items scheduled on this day's Agenda. He also noted a request to have Item #41 - Tamarac Gardens, held for the recessed meeting of 4/30/80. The Nlayor requested that an item relating to the Heliport be AGENDIZED BY CONSENT; which public hearing was held at the Department of Transportation, with the indication that the City has 10- days for the filing of an official document with the State of Florida - DOT in Tallahassee. He also noted that Mr. Ruf has prepared a resolution for Council's consideration. 48. Helistop - Temp. Reso. #1601 - Discussion and possible action. SYNOPSIS OF ACTION:AGENDIZED BY CONSENT (See page 28) C/M Disraelly MOVED to AGENDIZE BY CONSENT the item of the Helistop, for discussion and possible action, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. Mayor Falck recommended to AGENDIZE BY CONSENT an item appointing a Committee for Community Development Delegate. 49. Committee for Community Development Delegate - Discussion and possible action. -� SYNOPSIS OF ACTION: AGENDIZED BY CONSENT (See Minutes of 4 30 80) C/M Disraelly indicated that he held this position last year. C/W Kelch MOVED to AGENDIZE BY CONSENT an appointment of a member of the Committee for Community Development, for discussion and possible action, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. 50. Polish Constitution Day - Proclamation to be presented by Mayor Falck naming May 3rd, 1980. SYNOPSIS OF ACTION: (See page 5) AGENDIZED BY CONSENT C/M Disraelly MOVED to AGENDIZE BY CONSENT to adopt Polish Constitu- tion Day, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. C/M Disraelly indicated that two items were to be added to the Consent Agenda, s) and t). 5.$) Apelquist Construction - $50.00 - Rust Free Water Filter Chemicals SYNOPSIS OF ACTION: AGENDIZED BY CONSENT (See pagers; 5 & ac 4/23/80 mr/ C/M Disraelly MOVED to AGENDIZE BY CONSENT the Item of 5 s), Apelquist Construction, in the amount of $50.00, for Chemicals, and V/M Massaro SECONDED. (Consent Agenda) VOTE: ALL VOTED AYE. 5.t) Apelquist Construction - $243.10 Invoice - Final bill for the East Side Fire Station, less retainage. SYNOPSIS OF ACTION: AGENDIZED BY CONSENT See pages 5 & 6 ) C/M Disraelly MOVED to place an invoice of $243.10 on the Consent Agenda, 5 t), for Apelquist Construction; the final bill, less the retainage, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. 51. Sands Point Bond Release - Temp. Reso. #1597 - Correction - Discussion and possible action. SYNOPSIS OF ACTION: AGENDIZED BY CONSENT (See pages 11 & 12) C/M Disraelly MOVED to AGENDIZE BY CONSENT an item relating to the Sands Point Bond Release Correction, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. 52. Tract 46 - Parcel of Land to be used in conjunction with the Utility. SYNOPSIS OF ACTION: AGENDIZED BY CONSENT (See Minutes of 4/30 $ ) V/M Massaro MOVED to AGENDIZE BY CONSENT an item relating to Tract 46, for a parcel of land to be used in conjunction with the Utility, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. TAMARAC UTILITIES- WEST 1. Operations - Status Report - Discussion and possible action. SYNOPSIS OF ACTION: Reports by Mr. Gross and Mr. Keating. Mr. Gross advised that a special committee has been established consisting of Mayor Falck, Tony Nolan, Larry Keating and himself, with meetings scheduled every Wednesday morning at 8:00 A.M., for review of the Utility situation. He indicated that the Consulting Engineers have coordinated a substantial review during the past week. He noted a representative of Sanitaire, the manufacturer of the plant, did review the operation, with a report having been submitted to the City Engineer. The City Manager further added that the City tied -into the County system last week, and the plant, as of this morning, was operating at 4.5 million gallons capacity. He also stated that the Consulting Engineers were constantly re-evaluating the total system, reviewing the problems, and the method to be used in resolving this. It was noted by Mr. Gross, that Tony Nolan will have a complete report at the May 14, 1980 Council meeting, as to the proper scheduling of the operations. He indicated that the plant was operating at capacity, due to the rainstorms. He further stated that there were some problems with the hiring of personnel at the present time. He was advised by Mr. Keating that infiltration problems were being continually eliminated; with the TV Staff working full-time in order to accomplish this. -2- 4/23/80 mr/ Mr. Keating responded to questions by the Vice -Mayor, by stating that the the last 24 hour flow reading for the plant was 4.5 million gallons per day. He also replied that the last valve has been closed, and a meeting was arranged with the County, in order to verify the recording of the meter which was installed. Mr. Keating said that it was estimated that 300,000 to 400,000 gals. per day were being transferred to the County, instead of the 500,000 gallons that they want to, and will. But, the City Engineer said they will not close the valve until the meter operation can be verified. He additionally stated that the valve which permits Section 6 and 7 sewage to flow, was closed. He noted that all the sections east of the turnpike have the valve completely open, which permits a flow of 300,000 to 400,000 gallons. Mr. Keating responded to V/M Massaro's question, by stating that the velocity of the meters are not indicative of what should be there, and technically does not appear to be proper. He said that unless the valve is closed on Rock Island Road, the sewage would have ability to go in either direction. If, he said, the valve is opened for Sections 6 and 7, this would involve the entire west portion of the City being connected into this line. The City Engineer said that the opening and closing of valves have to be investigated, and once a determination has been made of the accuracy of the meter reading, then 500,000 gallons will be flowing. V/M Massaro requested a response from the City Engineer as to the shut- off on Rock Island Road, and whether it closes everything to the west. She felt that a report should be submitted to Council, as to the amount of flow, and the procedures to be followed. Mr. Keating said the noise was determined to be coming from a separate blower, in a building which provides air for the sewerage tank, and a request was made to Williams, Hatfield & Stoner to investigate this, and either modify or replace the blower, if necessary. V/M Massaro also requested that his report include the difference in flow when the valve for Sections 6 and 7 are opened. Mr. Gross discussed the problem areas in the hiring of personnel was for licensed water treatment operators, and felt the wages would re- quire upgrading, because there was lack such personnel in South Florida. Also, he said, that most people are aware of the fact that the Tamarac Utility Plant is at a maximum of five years from extinction, and might involve premium prices, in order to entice such employees to remain with the City. Mr. Gross anticipated that transfer to the County could eventually be established, in order to assure such personnel of per- manent positions, in one manner or another. Mr. Keating responded to questions by Milt Klika, by stating that in 1976 the consultant for the County did an infiltration study for Tamarac Utilities, with a prediction of substantial infiltration in the system. He further added that there may be approximately three-quarters to one million gallons per day of infiltration remaining in the system, and the cost is greater to eliminate than to treat, but felt that most of the infiltration is west of University Drive. V/M Massaro indicated that infiltration is not unique, and occurs in every utility, but the damage to the pipes from heavy equipment, compression, and everyday problems, does add to the problems. She said there has previously not been a program for correction of infiltration, but will be an on -going procedure, which has been started by the City Manager and the City Engineer. Mr. Gross stated that every line in the City will be checked on a continuous basis, as relates to infiltration. He advised that an item for the upgrading of the video equipment was being requested by the City Engineer, which will be agendized at the reconvened meeting. 2. Developers' A51reements - Discussion and possible action. SYNOPSIS OF ACTION: Agreement for Commercial Boulevard. Lands Approved. V/M Massaro said that Mr. Schirrman came and presented a check to Mr. Keating, fo the Commercial Boulevard Lands project. -3- to the Engineering Department, r the required amount under She said that he was eager to 4/23/80 mr/ get started, and would recommend that Council allow the City Attorney and the City Engineer to execute this agreement, in order for the permits to be obtained. She also added that it involves cash. Mr. Birken said that the standard agreement has been approved, but felt that two provisions have to be modified; 1) to provide that any additional work to existing facilities, would be the responsibility of the developer, and 2) for the requirement of an extra review by the Consultant, as to whether upgrading was needed. He further stated that Mr. Keating indicated that neither of the two provisions would be necessary for the size of this project. V/M Massaro said that all the developers are going through a difficult time with financing. She said fees are paid to the County, and $3.0,000 in fees paid to the City, by the developer, which has caused him to re- quest some relief, in order to pay this out of his first draw. The Vice --Mayor said that the developer was advised this could not be ac- complished, without an amendment to the ordinance, by Council, and said this three-week delay was quite important to them. She MOVED that the appropriate persons be authorized to execute this agreement for the Commercial Boulevard Lands project, and C/W Kelch SECONDED. V/M Massaro advised that $900 in ERC's is required by the present ordi- nance, but an amendment is being instituted, due to difficulty by the developers for meeting these requirements. C/M Zemel and C/M Disraelly both indicated they did not receive the necessary back-up material for this item, to which C/W Kelch said this project involved hundreds of thousands of dollars to the City, as well as the developer, and felt there was no impediment to Tamarac for consideration and approval. Mayor Falck advised that the fees have been paid, and involved a standard Developers Agreement, with no deviations indicated by the City Attorney. He also requested that back-up material should be given in advance, but felt that Council was safe in proceeding. VOTE: ALL VOTED AYE. 3. Utility Director - Report by City Manager - Discussion and possible action -Temp. Ord. #759. SYNOPSIS OF ACTION: Ordinance Denied, and the City Manager authorized to seek a Utility Director, through advertisement. V/M Massaro said this ordinance is not necessary, and felt that the resolution which was approved on acquisition of the Utility, does give the City the right to employ a Utility Director, and was a matter of law and reality. She said that the City is mandated to operate the Utility, and a separate department is unnecessary for the hiring of a Director. The Vice -Mayor felt this ordinance should be denied, and the City Manager advertise in the newspapers and periodicals, in order to obtain a response for such employment. She said that the reason for this ordinance was prompted by a section of the Charter, which gives the City Council authority to establish departments, as required. The City Attorney read Temp. Ord. #759, and V/M Massaro MOVED TO DENY this ordinance for the creation of a Utility Department, and C/M Zemel SECONDED. Mr. Gross indicated this item was brought to his attention by the City Attorney, as to the need for such a department. VOTE: ALL VOTED AYE. Mayor Falck indicated that the City Manager has been authorized by the City Council to seek a Utility Director, by means of advertising in trade publications, or wherever best results can be obtained, in order to receive applicants for this position. -4_ 4/23/80 mr/ 50. Polish Constitution Da naming May 3rd, 1980. - Proclamation to be presented by Mayor Falck, SYNOPSIS OF ACTION: Presented by Mayor Falck and V M Massaro to Adam J. Gliva (See page 1) Tape Mayor Falck read the Proclamation, which indicates there are more Side than 80,000 Americans of Polish descent in Florida, and that many #2 local committees were planning special events on May 3rd, 1980. V/M Massaro also participated in the presentation to Adam J. Gliva, and the three women attired in Polish outfits. PRESENTATIONS/AWARDS 4. Employee Service Awards - Presentation of Five -Year Pins to Carol Evans, Assistant City Clerk, and Elizabethann Jara, City Clerk's Department. SYNOPSIS OF ACTION: Presentation made by the City Manager. Mr. Gross indicated that the City Clerk's office does excellent work, and has witnessed the movement of various people in and out of the City Hall. He thanked Elizabethann Jara for her activities in many areas. The City Manager indicated that Carol Evans began her employ- ment with the City, first, in the Public Works Department, the Engi- neering Department, Secretary to the City Manager, and presently ad- vanced to the position of Assistant City Clerk. 5. Consent Agenda a) Minutes of 3/13/80 - Reconvened Regular Meeting - Approval recom- mended by City Clerk. b) Minutes of 3/19/80 - Reconvened Regular Meeting -- Approval recom- mended by City Clerk. c) Minutes of 3/26/80 - Regular Meeting - Approval recommended by City Clerk. d) Alan F. Ruf - Consulting Attorney - 4/17/80 - $990.00 - Approval recommended by City Attorney. e) Muller, Mintz, Kornreich, Caldwell & Casey - Special Counsel -- 4/8/80- $3,742.05 - Approval recommended by City Attorney. f) Shailer & Purdy - Special Counsel - 4/4/80 - $386.51 - Approval recommended by City Attorney. g) Williams, Hatfield & Stoner - Consulting Engineer - 4/l/80 - $100.00 retainer. Approval recommended by City Engineer. (Account #1-155-515-310). h) Williams, Hatfield & Stoner - Consulting Engineer - 3/10/80 - $3,591.25 from Account #1-108-515--310, $133.50 from Account #1- 108-515--470 - Total $3,724.75 - Approval recommended by City Engineer. i) Williams, Hatfield & Stoner - Consulting Engineer - 3/10/80 - $1,654.75 from Account #425-368-535--310 - Approval recommended by City. Engineer. j) Williams, Hatfield & Stoner - Consulting Engineer - 3/18/80 - $1,869.25 from Account #425-368-535-310 - Approval recommended by City Engineer. k) Williams, Hatfield & Stoner -- Consulting Engineer - 3/18/80 - $3,922.25 - from General Reserve 429 Fund - Approval recommended by City Engineer. 1) Williams, Hatfield & Stoner - Consulting Engineer - 3/18/80 - $430.50 from R & R Account 428 -- Approval recommended by City Engineer m) Mid -South Engineering - Traffic Circulation Study - Comprehensive Plan - 1/4/80 -- $1,800.00 - Approval recommended by City Planner. n) Mid --South Engineering - Housing Element - Comprehensive Plan - 2/l/80 - $1,875.00 - Approval recommended by City Planner. o) Mitchell Ceasar - Grants Consultant - 4/9/80 - $833.33 retainer, $15.78 expenses - Total - $849.11 - Approval recommended by City Manager. p) Bid Authorization - Public Works - Capital equipment - Approval recommended by City Manager. q) Bid Authorization - Sod Farm Insurance - Approval recommended by City Manager. r) Mid -South Engineering - Traffic Circulation Evaluation -- Commercial Boulevard, east of Rock Island Road - Recommended to be removed from the agenda. s) Apelquist Construction - East side fire station - $50.00 - Approval recommended by Chief Building Official. 4/23/80 -5- mr/ t) Apelquist Construction - $243.10 - Final bill for the fire station - Approval recommended by Chief Building Official. SYNOPSIS OF ACTION: a) Removed, and then approved, as corrected; and c) Approved, as corrected; d) through o) Approved; p) Removed, and approved as corrected; q) through t) Approved. *C/M Disraelly inquired as to the Bid Authorization for Public Works, and whether it was considered to be five separate items, to which Mr. Gross replied in the affirmative. He also commended the City Clerk's Office on the lengthy set of minutes, and would like them approved, as corrected, because of the very few changes that were required. C/M Disraelly also noted that Mid -South Engineering bills indicated allocated cost, amount previously paid and the balance; with a recom- mendation that it be so noted on the Williams, Hatfield & Stoner bills, where a request was made on a project for a maximum figure. This, he said, would establish the total to -date. C/M Zemel requested the removal of Items 5 a) and p), to be discussed separately. C/M Disraelly MOVED to adopt Items b) and c), as corrected, d) through o), and q) through t), and V/M Massaro SECONDED. Mayor Falck informed Council that Mid --South Engineering - Traffic Circulation and Housing Element, were in connection with the Land Use Plan, and the City was informed as part of the Statute, and as a part of the Broward County Land Use Plan program, that these must be completed. V/M Massaro indicated that C/M Disraelly's request for complete costs to be shown on the invoices, were upset prices, and should be noted as approximate figures. VOTE: ALL VOTED AYE. a) C/M Zemel said that because he did not attend the meeting referred to under this item, he would not vote for its approval. C/M Disraelly MOVED that Item a), the Minutes of 3/13/80 be approved and C/W Kelch SECONDED. VOTE: C/W Kelch -- Aye C/M Zemel - Nay C/M Disraelly - Aye V/M Massaro - Aye Mayor Falck - Aye p) C/M Zemel suggested corrections; on page 1 of the proposal form which is attached to each of the bid packages, indicated Contract Award Form 105, but should be deleted in the bottom left hand corner. He also noted that on the reverse side of the page, Index of General Provision Clauses;that area of Florida Labor was checked, and should be deleted, because it does not apply, and only relates to construction contracts. He further indicated that Item #29, Insurance, Workmen's Compensation, the City has no involvement. But, he stated, that Item #16, Safety Standards, has not been checked, and should be. C/PZ Zemel referred to the front page, in the area which notes "one bulldozer", a space was left by the Administration, "to alert bidders to the fact that paragraph 32 applies, which is the 5% bid bonds". C/M Zemel then MOVED that Item 5. p), with the recommended correc- tions be approved, and the City Manager be authorized to go out for bid, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. *EDITOR'S NOTE: Only four items were included in the Public Works Bid Authorization. Q:e 4/23/80 mr/ r GENERAL ADMINISTRATIVE/FINANCIAL 8. Alexander Grant & Co. - Discussion and possible action on: a) Audit 1979/80 Report b) Special Audit 1979/80 FY SYNOPSIS OF ACTION: Report by Bert Emmer, and then tabled to recessed meeting of 4/30/80. Mr. Gross advised that the City Attorney and he were in New York, for the purpose of discussing the bond issue with the Bond Counsel; with a determination for a six --month audit to be made for the Utility plant; also, updated figures thereafter. It was noted that an audit would be required no longer than 90 days in advance of the bond issue. However, a six-month audit would be appropriate, he said, because of the need for updated figures. Bert Emmer, a representative for Alexander Grant & Co., discussed page 3 of the proposed engagement letter, and the recapitulation of the estimated fees. He said that the Utility operation is new to the City, and would be the first audit of this type for the City. When, he said, a new audit is made, a start-up cost is associated with it, because of the amount of documentation which is acquired, and a great deal of information has to be reviewed for the first time. Mr. Emmer said this is a non -recurring cost when a new entity is instituted for the first time. Mr. Emmer advised that the six-month audit is for Utility West,a fee for the period ending March 31, 1980, which involves $14,000.00. Also, he said, for the period ending September 30, 1980, which is the regu- lar fiscal year for the City, would involve $11,000.00 for auditing the Utility; with the $14,000.00 being the same fee that the City was charged last year, to do the balance at the end of its regular fiscal year. Mr. Emmer indicated that if the six-month audit was not accomplished, then the fee would involve $3,000.00 start-up fee, and $14,000.00 for the audit of the Utility, as of September 30, 1980. Fie further added that there would be a $3,000.00 savings, as a result of doing the six-month audit, and then the twelve-month audit. Mr. Gross said that the bonds could be validated at any time, and would require an immediate audit for the six-month period, and felt that an interim audit would be necessary for this year also. V/M Massaro said this item involved a great deal of money, and would request to have this item tabled to the next recessed meeting, and so MOVED. Mr. Emmer said that the breakdown of fees for an intermediate City, is approximately 50% for the general funds, and 50% for utility opera- tions, and such utility is approached as a normal business commercial. enterprise. C/W Kelch SECONDED the motion,also,holding this for further discussion. Mr. Emmer responded to a question by C/M Disraelly, by stating that the Utility is one accounting entity, or one fund. Ile noted that on page 1, the Water and Sewer Utility Fund - West, which is the only new item. But, he said,that other funds have been noted due to the Leadership Agreements, which were not significant, and were being absorbed in the $14,000.00 fee of last. year. Mr. Emmer said that a schedule was prepared, and attached to the letter, with preparation to start field -work on May 5th, which re- quired preliminary planning and obtaining of information from the Finance Department. He additionally stated that a draft report would be submitted on or about June 13th, for discussion with the Mayor and City Manager. Thereafter, he said, a final report would be delivered on June 20th, and they would be available for discussion at a City Council meeting. Mr. Birken said that from the period of time of bond validation, under the Terms of Purchase and Sale Agreement, there would be twenty (20) -7- 4/23/80 mr/ L. days to arrange for the sale, and another twenty (20) days to close. Also, the audit was to be made no more than ninety (90) days before the sale, prior to closing. Mr. Emmer said that their firm has been involved in many bond transac- tions, and indicated that anything over 90 days is considered stale information, and would require updating,.This was considered to be an unaudited "stub", with the figure of $2,500.00 being involved, he said. Mayor Falck advised that Item #8 will be called at approximately 10:00 A.M., at the April 30th recessed meeting. VOTE: ALL VOTED AYE. THE FOLLOWING ITEM WAS CONSIDERED AS A JOINT MEETING WITH PLANNING COMMISSION. ROLL CALL: ALSO PRESENT: COMMUNITY DEVELOPMENT Comm. Schoenfeld Comm. Weisenberg Comm. Becker Comm. Meyers Comm. Beutner, Chairman Comm. Alper 42. Woodmont -- Tract 72B - Discussion and possible action relative to increasing the width of the pavement and eliminating one-way traffic. SYNOPSIS OF ACTION BY PLANNING COMMISSION: Revised Site Plan Approved. Tom Schnars of Keith & Schnars, P.A., said that the 24 foot of pavement was originally agreed upon, to which Comm. Beutner stated that the Com- mission requested this, but Mr. Schnars did not concur, for an increase from 18 to 24. Mr. Schnars said the other item was for the widening of the pavement, and elimination of the one-way street, which is located in the first culdesac south of the entrance. He noted that the setback is being changed from 20 feet to 15 feet, in order to conform with the Code. Comm. Schoenfeld felt that it was a step in the right direction, and totally approved the twenty-four foot pavement, and the two-way street; also approving the revision to the site plan. Comm. Weisenberg approved all the items discussed. Comm. Becker discussed a "dead-end sign" at the point of the radius, at the culdesac, that faces the canals. He said there is a barrier, but asked to have the words "dead-end", added above the barrier. He did not have any other objections. Comm. Meyers said that it was commendable that the developer has agreed to change from 18 to 24 feet; the setback from 20 to 15 feet, and felt that it was simple, and could have been determined previously, due to a safety factor. He additionally approved all three changes. Tape Comm. Beutner approved all three changes, and inquired about the in - Side crease of the 30 foot right--of-way, as a safety factor for the residents #3 of Tamarac, to which Mr. Schnars responded that it was not possible at this time. V/M Massaro said that Mr. Epple has indicated that until a change could be made, he doubted whether there would be any more thirty (30) foot streets in his project. Comm. Beutner said that Mr. Toll has accepted this, and would not be permitting less than 24 foot right-of-way streets. Comm. Weisenberg MOVED to accept the revised site plan of Woodmont - Tract 72B, which is noted to be Item #42 on the City Council Agenda, and Comm. Becker SECONDED. 4/23/80 mr/ � r � Comm. Beutner recommended that a yellow -striped line be instituted in the center of the streets, to which the Vice -Mayor replied that the City Manager would request striping of the streets by the County. VOTE; ALL VOTED AYE. Comm. Beutner indicated that the Planning Commission meeting is officially adjourned. The item was read into the record by Mayor Falck, for discussion and possible action by the City Council, at this time. 42. Woodmont - Tract 72B - Discussion and possible action relative to increasing the width of the pavement and eliminating one-way traffic. SYNOPSIS OF ACTION: Approved, with conditions. V/11 Massaro said that she was pleased to see the paving increased to 24 feet, which would delay the destruction of the swale areas. She also felt that it would be an asset to the community, and did not object to the .reduction of a few areas,to 15 feet, because it conforms to the Code. The Vice -Mayor said that she approves the revised site plan, but felt that the conditions of the original plan should be included, ex- cluding the changes that appear on the revised plan. She noted that on 80th Avenue it is required that paving be installed for a sidewalk on one side of the street, which is asphalt. C/M Disraelly noted that reference is not made on the plan, but would be a five (5) foot sidewalk, on 80th Avenue, for the length of the property. V/M Massaro said there was to be a $250.00 fee for the median cut, and still applied, and has probably been paid. She also said that the plan which goes into the Master File, and the working plan, does have to be without red -lines, and all corrections to be shown. Mr. Schnars said that reproducible mylars would be furnished to the Building Department. He also advised that the non -vehicular easement would be bermed, in order to avoid access to the area. Mr. Schnars concurred with C/M Disraelly, that adjacent to Lot 20, a stop sign should be installed on the loop of N.W. 72nd Street. Thom Lira, of Biscayne Engineering, represented Al Simon, the purchaser of the lots, and stated that the R-3U Ordinance permitted single-family homes, under the applicable conditions. The R-lB Section requirements would be used, he said, for single-family homes. Mr. Birken concurred that 15 feet conformed to single-family homes, for 25 units or less, on a street no greater than 600 feet in length, and read that portion of the Code, which related to this item, Section 28-38. V/P4 Massaro MOVED to approve the Revised Site Plan, with an amended site plan to be submitted, with two copies in the mylar, which would indicate the sidewalk of asphalt on N. W. 80th Avenue; with a fee of $250.00 for the median cut to be checked, as to whether it was paid; with the stop sign on the loop of N.W. 72nd Street, at Lot 20; also, with an indication that non -vehicular easement be bermed. C/M Disraelly said that problems have arisen with the installation of street lights, and has taken more than six, months in certain areas, after the development has been completed. He felt that a commitment should be made with FP & L to have the lights installed at the time the homes are being constructed; especially in the loop area. Mr. Schnars said they have paid for all the street light fees to Florida Power and Light, and it is in their schedule to have these installed. V/M Massaro inquired as to the canal being excavated to the property line, and the banks on the property. 6s= 4/23/80 mr/ L Mr. Schnars said this has been excavated, and the edge of the water is now the property line, and the banks are at 20 feet inside the property. VIM Massaro requested that the plan note should read "Canal excavation to property line with bank to be sloped within maintenance area", and AMENDED HER MOTION to include this as part of the approval, and C/M Disraelly SECONDED. VOTE: ALL VOTED AYE. LEGAL AFFAIRS 22. Woodmont - Tract 47 - Vacation of Easement - Temp. Ord. #757 - Discus- sion and possible action to vacate an entranceway easement to this tract from the golf course. First Reading. SYNOPSIS OF ACTION: Approved on 1st Reading The City Attorney read Temp. Ord. #757, and said this has to be accom- plished unlike other vacations, when property is dedicated by separate instrument, and does not require County Commission approval. He said this was requested by the Montwood owners, and the entranceway was considered to be part of the golf course, as redesigned. VIM Massaro said the entranceway, as originally indicated, was too close to the intersection or corner. She said the location on the east side of the property, has not yet been determined, but this ease- ment was necessary to vacate, in order to complete the plans. Mr. Birken confirmed the fact that this part of the property reverts. back to the golf course, and is presently zoned S-1, and owned by the same individual. VIM Massaro MOVED that the former proposed entrance to the road to be vacated, as relates to Temp. Ord. #757, be approved on first reading, and C/M Disraelly SECONDED. VOTE: ALL VOTED AYE. 10. 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: Adopted The City Attorney read Temp. Reso. #1588. RESOLUTION 140. R- (' - p PASSED. VIM Massaro said that she read the resolution and the acceptance of the assignment, and found everything in order, and MOVED that Temp. Reso. #1588, for Mainlands - Section 7, reassigning the deed restric- tions to the Section Association, be approved, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. Melanie Reynolds inquired as to what this item concerns. Mr. Fitzsimmons said this was before the Appellate Court. Mr. Birken advised that copies of back-up for the item was available in the City Clerk's office, and could be viewed at any time. Alan Ruf, the Consulting Attorney, said that the City Attorney's office received a request from the Mayor, to investigate a request from Mainlands - Seven Maintenance Association, Inc., for the assignment of the servitudes that were included in the deed restrictions, para- graph 5, to the Homeowners Association. This, he said, was done in a plenary fashion in 1971, and has been accomplished by many of the sections in the City, outside of Mainlands 7, and Mainlands 1 and 2. He said that after review of the files, and the request by Mainlands 7 Association, the Mayor was informed of a review of pending litiga- tion, and did not find an impediment to an assignment. Subsequent there- to, a two -page letter was received from Mr. Fitzsimmons, which he res- -10- 4/23/80 mr/ ponded in memo form, to the Council, indicating that the assignment at this time would not have an adverse effect to the City, on pending litigation. Mr. Fitzsimmons came before the podium, but was advised by Mayor Falck that he was "out -of -order". V/M Massaro inquired whether it was necessary to have a public hearing, to which Mr. Ruf and Mr. Birken replied that it was not necessary. 11. Deed Restrictions - Discussion and possible action concerning the reas- signment of deed restrictions to the Section Associations by Resolution. SYNOPSIS OF ACTION: Proper City Officials authorized to execute the release of deed restrictions;.and Mr. Ruf to ensure that City receives formal acceptance of restrictions. Alan Ruf said that on the 1st day of February, 1971, Resolution #71-16 was passed, thereby assigning the Declarations of Restrictions and Leasehold to Mainlands 1 and 2. The formal documents, assignments and acceptance, he said, was never executed, but the resolution was passed. This matter, he said, has been before Council on two prior occasions, and felt that another resolution did not have to be passed, but the Mayor and City Clerk have to be authorized to execute the documents. These have been supplied, he said, by, the Attorney for the Homeowners Association, .Tames Brady, and reviewed by him, and were in proper form. At this time, he said, a motion was required for the proper officials of the City to implement Resolution #71-16. Muriel Davis, as President of Mainlands 1 and 2, conveyed the intention and desire of the residents, for the deed restrictions that were reas- signed to the Civic Association. She said they were aware that it was not a new issue, and were willing and prepared to accept this at the present time. Mr. Fitzsimmons said the matter was in Court, and in litigation, and submitted a copy of the public records to C/M Zemel. Mayor Falck advised Mr. Fitzsimmons that he was out -of -order. V/M Massaro MOVED that the Assignment of Deed Restrictions be reaffirmed that were released in 1971, but never executed, Resolution #s 71-12 and 71--16, with the proper officials being authorized to execute this release, and C/M Disraelly SECONDED. V/M Massaro AMENDED HER MOTION by asking Mr. Ruf to be ensured of a formal acceptance of the restrictions.Also,the same language is to be used, as in Section 7, with the City not having any liability or res- ponsibility; and C/M Disraelly APPROVED THE AMENDMENT. Mr. Shapiro of Section 5, inquired as to the assignment to the residents, which was given individually, but was not able to obtain this informa- tion. Mayor Falck suggested that a letter be written to the City requesting reassignment to this section,which would permit research of this item. C/M Disraelly inquired whether an application could be made by any section, based on Resolutions 71-12 and 71-16, to which Mr. Ruf replied that applications were made and accomplished for several sections. He further added that other sections could petition for reassignment, in the same manner as Mainlands 1 and 2 and Mainlands 7. VOTE: ALL VOTED AYE. 51. Sands Point Bond Release - Temp. Reso. #1597 -- Correction - Discussion and possible action. SYNOPSIS OF ACTION: Adopted (See page 2) The City Attorney read Temp. Reso. #1597. now RESOLUTION NO.R- O7 Q PASSED. 4/23/80 mr/ J C/M Disraelly said at a prior meeting, it was noted there was a cash bond for Building L, amounting to $1,558.50, but an audit of the Finance Department indicated the correct amount to be $1,158.50. He then MOVED for the adoption of Temp. Reso. #1597, correcting the figure from $1,558.50 to $1,158.50, with all other amounts being the same, and C/W Kelch SECONDED. VOTE: C/W Kelch C/M Zemel C/M Disraelly V/M Massaro Mayor Falck LEGAL AFFAIRS - Aye - Away from dais - Aye - Aye - Aye 18. Code Supplement #4 - Temp. Ord. #752 - Discussion and possible action to adopt the 4th Supplement to the Code of Ordinances. First Reading. SYNOPSIS OF ACTION: Adopted on lst Reading The City Attorney read Temp. Ord. #752, and C/M Disraelly MOVED for its adoption, because it is in the process of being put in the book, with instructions to the City Clerk to purchase additional books, and V/M Massaro SECONDED, VOTE: C/W Kelch - Aye C/M Zemel - Away from dais C/M Disraelly - Aye V/M Massaro -- Aye Mayor Falck - Aye 21. City Council Regular Meetings - Temp. Ord. #755 - Amends Code Section 2 to conform with the Charter provision of the August recess. Discus- sion and possible action. First Reading. SYNOPSIS OF ACTION: Adopted on lst Reading The City Attorney read Temp. Ord. #755, and C/M Disraelly MOVED for its adoption, and V/M Massaro SECONDED. VOTE: C/W Kelch - Aye C/M Zemel - Away from dais C/M Disraelly - Aye V/M Massaro - Aye Mayor Falck - Aye GENERAL" ADMINISTRATIVE/FINANCIAL 6. Police Department -- Justice System Improvement 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: Adopted RESOLUTION NO. R-_O :16 PASSED. The City Attorney read Temp. Reso. #1587, and C/M Disraelly said this project was being funded, without cost to the City, and MOVED for its adoption, and C/W Kelch SECONDED. In response to V/M Massaro`s question as to possible cost, C/W Kelch stated that there might be a nominal cost involved, which was referred to as "peanuts". She also noted that it was the first step of partici- pation, and if it became more involved, then it would be presented to Council for reconsideration. VOTE: ALL VOTED AYE. 9. Budget Transfer -- Utility West - Discussion and possible action to Tape transfer $6,223.00 from Reserve for Contingency Account to General Side Reserve Account for the inspection of lines for sewer system inter- #4 connect with Broward County. SYNOPSIS OF ACTION: Approved -12-- 4/23/80 mr/ � r � V/M Massaro MOVED for the approval of $6,223.00 from line item Account #429-371-536-901 of the budget named Reserve for Contingency, be trans- ferred to line item Account #429-371-535-622, named General Reserve, connection to County Sewer System. Amounts in the account from which the monies are transferred was $214,850.00, prior to the transfer, and $208,627.00, subsequent to the transfer. The amount of money in the account to which the monies are to be transferred, was $35,750.00, prior to the transfer,and $41,973.00,subsequent to the transfer. C/W Kelch SECONDED. VOTE: ALL VOTED AYE. MEETING WAS RECESSED TO 1:30 P.M., FOR LUNCH. MEETING WAS CALLED TO ORDER, ROLL CALL TAKEN, AND ALL PRESENT. COMMUNITY DEVELOPMENT 37. University Community Hospital - Discussion and possible action on the revised site plan for the employee parking lot and traffic circulation patterns within the hospital complex and surrounding medical office buildings. SYNOPSIS OF ACTION: Revised Site Plan dated 9 5/79 Approved, subject to City Engineer's approval of drainage. Greg Darby of Darby & Way, indicated that he has a check for $3,553.20 which conforms to Ord. #80-26, for additional retention requirements, and was computed and verified by the City Engineer. C/M Disraelly advised Mr. Darby that under the new requirements, there were only three (3) handicapped parking spaces needed, rather than the six (6) which were originally specified. He also confirmed the fact that the plantings would be on the west side, and sprinkled with rust - free systems. C/M Disraelly further added that it would involve a one- way in and one-way out entry;with doctors and employees parking being relocated, and the area in the east will not indicate "for doctors only". He also confirmed the fact of "no -tie-in" with the present medical building to the south. C/M Disraelly inquired about the jogging track that the hospital was donating to the City, to which Frank Basile, the Assistant Administrator of the hospital, advised that the track on their property was set-up, but that portion which was owned by the City, was never done.This has become overgrown, he said, and they would bring in another small bull- dozer, in order to clear the path again. Mr. Gross said that fill could be put in several areas, which would be adequate for tie-in, along with "tank bark" for coverage. He also added that the City has applied to the Heart Association, for their contribution of equipment for physical examinations and blood pressure testing, which they donate to municipalities. Additionally, the City Manager said there will be items installed along the path, to assist the individuals using the track. V/M Massaro inquired as to the evaluation of the hospital designated parking and the medical buildings that were constructed in the area. She also noted that it was discussed at a Pre -Agenda meeting, with the possibility of a traffic individual researching the area, as to the requirements, plus adequate parking, which included the latest medical building. Evan Cross, the City Planner, said that on Monday and Tuesday of this week, he held meetings with representatives of all four edifices; the hospital being represented by Mr. Basile, Mr. Spielvogel, and Dr.Garvar from the North Medical Building,plus Dr. Lavernia from the South Medical Building. He said that a verbal agreement was reached, for the provision of access from the South Medical Building and the Hospital, for a ve- hicular cut -through; also, Dr. Garvar and Mr. Spielvogel have agreed on a cut -through of their particular parcels. Mr. Cross indicated that -13- 4/23/80 mr/ this was not included on the revised site plan under consideration, but would be presented at a later date. V/14 Massaro felt that adequate parking should be considered, to which Mr. Cross responded that many people come into the main entrance, and then find that access is limited to the North and South Medical buildings. And, therefore, they park, and walk to the various areas. But, by pro- viding vehicular access, it was determined that additional parking will be available at the hospital, and Mr. Spielvogel's building. V/M Massaro felt that all parking areas should be determined at one time, and required additional legal documents. Mr. Darby advised there was a request for parking, at the time that the original plat was approved, after a 6 to 8 month delay. He said that drainage was a factor, also the setbacks and buffers, with a request being made by the City to revise this. The previous City Engineer, Bill Morris,sent them a letter, advising the method of handling the drainage on this site. He further added that on July 5th, preliminary schematic engineering was submitted and a site plan to the City Engineer. V/M Massaro indicated that she has never viewed any reports from the City Engineer, as to drainage, and would not take action at this time. Mr. Darby said that preparation of a major traffic study between four different owners, would involve legal documents and plans, and felt that it did not relate to the present parking area which was under con- sideration. C/M Disraelly said that the situation which existed between the hospital and medical complex east of that, has been permitted to have parking in the area, with cross easement dedications between both. He felt that the hospital was taking a major step forward for the provision of 132 additional spaces, and move the doctors in the rear, and permit people to use the hospital building and the medical complex. He personally felt that this should be approved, and a future arrangement be made for tie-in to the other medical buildings, subject to approval by the City Engineer. C/M Disraelly MOVED for acceptance of this site plan, dated 9/5/79, subject to approval of drainage by the City Engineer, and C/M Zemel SECONDED. Mort Student discussed the hardship involved,due to limited parking for the hospital, and felt that the additional parking being requested in the rear of the building, was a very good "deed". Vice -Mayor said there have been problems with drainage in the hospital area, and noted there was a bond certificate for Dr. Garvar's office building, because the line was being overloaded, and problems were in- volved. Mr. Darby indicated that the City Engineer has approved the drainage and the cost estimate, with its design, and submitted the figure to them for additional retention requirements, as per his calculations, totaling $3,553.20. He said there were two separate distinct items; the traffic connecting the four buildings, and the other being the hospital parking lot which is being requested. VOTE: C/W Kelch - Aye C/M Zemel - Aye C/M Disraelly - Aye V/M Massaro - Nay Mayor Falck -- Aye PUBLIC HEARINGS 3. Newspaper„ CollectionOd. #619 - Discussion and possible ..,. - Temp-.r-- action to require preparation and separation of newspapers. Second Reading. SYNOPSIS OF ACTION: Tabled to 5/28/80, pending additional information from the City Attorney. -14- 4/23/80 mr/ The City Attorney read Temp. Ord. #619. Mayor Falck opened the discussion to the public. Milt Klika inquired about additions or changes to the ordinance, since approval on first reading, to which Mr. Birken replied that two memos were sent to Council, on possible changes. C/M Disraelly indicated a proposed change at the end of Section 1, the sentence "not withstanding the provision set forth above, wet newspapers may be mixed with other refuse garbage and trash"; also, "and, further- more, the resident of the home may take his neighbor's discarded news- papers for his own use". Mr. Klika said this ordinance was creating additional revenue for the City, and attempting to recycle newspapers in order to conserve energy, and complimented C/M Disraelly for such achievement. He advised that more than five years previous, Section 4 of the Mainlands inquired of Durbin for newspaper pickup, but were told they do not have such service available. But, Durbin, gave them two people to call, and one gentleman was willing to pick up the papers, if they were placed at the curb on a particular day. To -date, he said, their newspapers have been picked up faithfully every week for more than five years. Mr. Klika said that unless a waiver is put into the ordinance, it would indicate that the City is taking over this gentleman's territory, and put him "out -of -business". C/M Disraelly inquired whether the newspapers were being delivered to Durbin, to which Mr. Klika replied in the affirmative. C/M Disraelly said that if this gentleman is a collector, he should have a franchise for collection on the City streets. Mr. Birken said the franchise proposed to Council for Durbin, would be a non-exclusive one, and the terms would require consideration. V/M Massaro said that what is being proposed for the City, would save the taxpayers, but continuation of private pickup does cost the tax- payers. Mr. Klika reiterated that an exception should be included in the ordi- nance, or it would require licensing of the Salvation Army, Goodwill or Faith Farm. Irving Lopatey said that he was not attempting to draw a line between single family and multi -family dwellings, but inquired as to determining proper packing or segregating of the papers;also, business trash, news- letters and periodicals. He indicated that Lime Bay has had an existing contract with a company for the past two years, who has provided con- tainers, and picks up the newspapers and similar type paper on a regular basis. He inquired as to the contractual obligation with this company, and what is involved if the ordinance is adopted. Mr. Birken said that unless it can be proven that an individual is not complying with the Code, as to proper disposal of newspapers, then they cannot be prosecuted. Tape C/M Disraelly said that the preparation of this ordinance was to save Side the City money, and also handle the problem of trash disposal. #5 Mr. Lopatey spoke as the President of Lime Bay 2, and said they would replace, at some expense, to provide the proper container, and the per- sonnel for bundling of the newspapers, in order for a tax saving to be involved. C/M Disraelly said that Durbin advised that in condominiums, where the paper is stacked in a particular room, they would handle this. He stated that the newspaper collection item was started in 1977, and has taken over two years to finally assemble it in the form of an ordinance. He said there would be a reduction to the City, by saving $15,000.00 in the general revenues, and would reduce the total necessary .income re- quired by the City. Florence Bochenek approved the plan, but felt that she would not like an income taken away from an individual who is presently collecting the -15- 4/23/80 mr/ E_J newspapers in a particular area. She felt that the entire City should benefit from the savings. C/M Disraelly said that if a Church or organization is collecting news- papers, there is nothing in the ordinance which would prevent an indi- vidual from taking the paper to them. Mayor Falck closed the discussion to the public because there were no further comments. V/M Massaro indicated that the City Attorney recommends tabling this item to the May 28th meeting, due to additional work that is required on the ordinance, to which Mr. Birken concurred. Fie said that Council should have a package of the franchise, and the proposed contract signed by Durbin and the amendment signed by Browning -Ferris Inc., and would recommend that everything be considered at the same time. V/M Massaro MOVED to table this item to the May 28th meeting, and C/M Disraelly SECONDED. MOTION by the Vice -Mayor, and the SECOND by C/M Disraelly, were WITH- DRAWN, in order to permit C/W Pelch to further discuss this item. C/W Kelch said that she was concerned about Joe, the newspaper pickup gentleman in her section. She was in favor of this ordinance, but would request that the paragraph be eliminated which would impose a penalty on an individual who is presently picking up the newspapers. She further added that the papers were not being put into the regular trash, which is a saving to the City, but they were only getting 10% of the value of the papers, which she felt was minimal. C/M Disraelly MOVED to table Temp. Ord. #619, for the additional infor- mation to be forthcoming from the City Attorney, to the second meeting in May, and V/M Massaro SECONDED. VOTE: ALL VOTED AYE. 24. Beautification Committee Duties - Temp. Ord. #715 - Amends Sections 6 and 7 of the Code transferring certain duties from the Planning Commis- sion to the Beautification Committee. Second Reading. SYNOPSIS OF ACTION: Adopted on 2nd Reading, ORDINANCE NO.O- �70::5 PASSED. as amended. The City Attorney read Temp. Ord. #715. Mayor Falck opened the discussion to the public, and closed it because there were no comments received. C/M Disraelly requested that the City Attorney include not only the appointment of five (5) regular members, and also alternate members; but also the opportunity of requesting professional expertise for land- scaping discussion -on a particular project. Mr. Birken advised that professional input is included in Sect.6-5 of the City Code, but indicated the following language in Section 9, "The Beautification Committee is hereby created to consist of five (5) regular members to be appointed annually by the City Council, and up to alternate members, who shall serve in the absence or disability of a regular member". V/M Massaro said that many members on the Beautification Committee leave the City during the summer months, and there should be an allowance for this. Ray Baade, Chairman of Beautification Committee, indicated that a reduction_ in the-.am�c unt. pf—regular members, from 7 to 5.-,.._.P_x'esented the problem of a quorum. He also suggested 2 or possibly 3 alternates be appointed, due to the various members that are away during the summer months. Mr. Baade said that honorary members should be from the business community, in order to permit their expertise on signs and also land- scaping. -16- 4/23/80 mr/ Mr. Baade said there is a provision for an ex-officio member from the Planning Commission, as well as the Chief Building Official, which is included in Section 10 of the Ordinance, and Section 6-4 of the City Code. Council agreed on the appointment of three (3) alternate members, to which the City Attorney indicated would be inserted in the blank area of Section 9. C/M Disraelly MOVED for the adoption of Temp. Ord. #715, as amended, on second and final reading, with previous deletions that were noted on page 2, of the words Planning Commission, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. 25. 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. Second Reading. SYNOPSIS OF ACTION: Adopted on 2nd Reading The City Attorney read Temp. Ord. #729. ORDINANCE NO.O- ii)-' l PASSED. Mayor Falck opened the discussion to the public. Melanie Reynolds inquired whether the County indicated agreement that their ordinance does not apply to the City, to which Mr. Birken replied that it is not necessary, because it clearly states in the. County Charter that'County ordinances do not apply if there is a conflicting municipal ordinance, except as pertains to environmental and land use matters. This question, he said, has arisen previously, resulting in a number of cities exempting themselves from the prior County Bingo Ordinance, which was acquiesced by the County to those exemptions. Ms. Reynolds also inquired as to the ordinance stating that all the funds must be either given to the players or a civic charitable organiza- tion, to which Mr. Birken responded that the ordinance indicates that all the requirements of the State Statute be complied with. Mayor Falck closed the discussion because there were no further public comments. C/M Disraelly MOVED for the adoption of Temp. Ord. #729, as read, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. Mr. Birken requested that the City Clerk send a copy of the ordinance to the Sheriff's Office. 26. Non -Con ormi,n2 Uses Temp. Ord. #732 - Amends Section 28--1 by re- de fining defining this use by removing existing structures from this definition when setback requirements are changed. Discussion and possible action. Second Reading. SYNOPSIS OF ACTION: Adopted on 2nd Reading The City Attorney read Temp. Ord. #732. ORDINANCE NO.O - -PASSED. Mayor Falck opened the discussion to the public, and closed it because there were no comments received. C/M Disraelly advised that the ordinance was prepared at his request, due to the changes in setback regulations after certain areas of the City were developed, which would permit conformance and construction with the present ordinances. He then MOVED for the adoption of Temp. Ord. #732 on second and final reading, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. -17- 4/23/80 mr/ 27. Off -Street Parking Regulations - Temp. Ord. #737 - Amends Sections 18-1 (5) by permitting parking facilities on adjoining property and establishes requirements for reciprocal parking easements. Discussion and possible action. Second Reading. SYNOPSIS OF ACTION: Held for additional _-----.. input later in the day. (See page 27) The City Attorney read Temp. Ord. #737. Mayor Falck opened the discussion to the public, and closed it because there were no comments received. C/W Kelch commented favorably on the verbiage included by the City Attorney, as to adjoining access driveways, and MOVED that Temp. Ord. #737 be approved on second and final reading, and C/M Zemel SECONDED. C/M Disraelly said that he was in favor of the ordinance, but felt that the owners of this particular shopping center have appeared often before Council, and indicated that certain corrections would be made to a re- vised site plan. Last October, he said, it was stated at the meeting, that something would be put "in writing" to the City, indicating that at the time Coral Gables installs their curbing on 70th Street, it would be tied into the westerly end of the Shops of Tamarac. He further added that a revised site plan provides for new entrances in and out of the shopping center, with new curb -cuts, but said that nothing has been done and no action taken by the people involved. C/W Kelch said that she complimented the City Attorney for the verbiage that was used on page 2, as to traffic patterns, to which C/M Disraelly responded that the travel pattern between the two parcels was within the interior traffic circulation. He further referred to a revised site plan, whereby a new entry into the Shops of Tamarac would be instituted at the easterly side of the easterly building; also, into 70th Street, at the easterly side. But, he said, people are using it, and the curb has been broken, and the beautification has been destroyed, with exits being made in the center, which is on the north side of the building. C/M Disraelly said that on both sides of the sign, which indicates, "do not cross the median", the median has been destroyed for approxi- mately 15 feet on either side. He stated that until the median is in- stalled, and the entrances revised, plus submission by the owner "in - writing", as to curbing, that this ordinance not be approved this day. Mr. Gross said that he contacted the individual referred to by C/M Disraelly, and was advised that they would be in this past Monday, for a permit; but, to --date they have never appeared. C/W Kelch WITHDREW HER MOTION, and C/M Zemel WITHDREW HIS SECOND, to which Mr. Gross indicated that the individual referred to will be making his presentation to Council later this afternoon. Mr. Birken said that phone calls have come in from County Commissioners, as relates to this ordinance, to which the City Manager advised that this item was tabled for two weeks at the County Commission meeting, for items involving this shopping center. C/M Disraelly recommended that this item be held, until the interested party appears at 4:00 or 4:30 P.M. this day. 28. City Petition #9-Z-80 - Ca orella Park - Discussion and possible action to approve a rezoning from R-lB to S-1 on the east side of Prospect Road, 300 feet north of Commercial Boulevard, extending north 700 feet -- by Temp. Ord. #743. Second Reading. SYNOPSIS OF ACTION: Adopted on 2nd Reading The City Attorney read Temp. Ord. #743. ORDINANCE NO.O- pv �ZZPASSED. Mayor Falck opened the discussion to the public. Morton Student inquired as to the R-lB and S-1 zoning, to which the City Attorney responded that R-IB is single-family residential, and S-1 related to recreation. Mayor Falck closed the public hearing, because there were no further comments received. aW ]a 4/23/80 � � r V/M Massaro MOVED that Petition #9-z-80, Temp. Ord. #743, be approved, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. 29. All Florida Sanitation - Renewal of Commercial Garbage Collection Franchise -- Temp._Ord._#744 - Discussion and possible action to renew this franchise for one year. Second Reading. SYNOPSIS OF ACTION: Adopted on 2nd Reading The City Attorney read Temp. Ord. #744. ORDINANCE NO.O-- & J�ZE PASSED. Mayor Falck opened the discussion to the public, and closed it because there were no comments received. Mr. Gross advised that by ordinance there were seven (7) openings for private company commercial garbage collectors, with two of them not doing business in the City of Tamarac. He also noted that there were no requests for a franchise. He further added that All Florida Sanita- tion has no accounts, but they do have current insurance and a $2,500.00 bond. C/W Kelch said that evidence of neglect has been determined by her in the cleaning of dumpsters by the various garbage collectors. But, she in- quired whether something could be added to the Franchise Agreement, in Sects..2 & ll,for compliance with health standards, or cancellation would be effective. She requested that the ordinance and the agreement have changes made to guarantee its enforcement. V/M Massaro said there is protection with the ordinance and the accom- panying agreement, but indicated that many dumpster enclosures are filthy, with many of them being over -loaded, and vegetable trash not being bagged. She said there are continuous complaints as to rodents invading the area, which stem from these dumpsters that are not complying. She further added that someone is not doing their job, and should be investigated by the individual who is patrolling the area. Tape C/M Disraelly said that the number of franchises be restricted to Side seven, and it was evident that it has been more than two years since #6 All Florida Sanitation has made a pickup in the City; also, at least two years since Industrial Waste has made a pickup. He felt these franchises were precluding other companies from coming into the City, and suggested that the City Attorney review the ordinance which permits franchise agreements. He also said that it should be rewritten, whereby any collector with a franchise, who does not have an agreement, and does not pick up trash and refuse in the City within two years, should not be permitted to reapply for a franchise. He additionally stated that either one or two years could be referenced, but it should be rewritten. He also determined that people are using other dumpsters, in order to dispose of their trash. He noted that Sunshine Plaza indicated that boxes were placed in two dumpsters, for disposal, because there is not a proper agreement in effect. C/M Disraelly noted that the City of Hollywood requires that the occupa- tional licensee indicate on his license as to the agreement with the contractor, as to the amount of yards and frequency of pickup. If, he said, there is a violation, then the collector comes into the City, and specifies the problem. In order to correct the problem, C/M Disraelly said it will be necessary to know who is dumping how -much in whose dumpster. Mayor Falck said that franchise holders should not be required to en- force this, because they are being hired for collection. Fie further stated that it is the City's responsibility, and specifically, the City Manager's duty for enforcement. C/M Zemel said there has been a memorandxm floating around ywhich goes to the City Manager, and felt that as the Chief Administrator, it was his problem to oversee Code Enforcement. He felt that it was not the problem of the franchisee, but the City should enforce the law, and felt that Code Enforcement has been lax in the past year. Mr. Gross stated that this is not a daily item, and problems have _19- 4/23/80 mr/ I occurred with non -business holders or residents, who dump items into various areas. He said that the property owner generally reports violators, but for additional assistance, a part-time Code Enforcement Officer will be on duty within the next two weeks. V/M Massaro felt that once proper notice is given to violators, and still not enforced, then a fine should be imposed. She also stated that the franchise company is responsible for cleaning the dumpsters, also keeping the floor of the enclosure clear of garbage. She said unequivocally that the Code Enforcement Officer is not doing his job, and has stated this on numerous occasions. The City Manager indicated a suggestion was made by the City Attorney, that a fine should be included in the ordinance. He recommended that the item be tabled to the recessed meeting, and prior to this, he would have the Code Enforcement Officer check every dumpster in the City. In a response to C/M Disraelly's question, the City Manager stated that all the dumpsters have the garbage collector's names indicated. C/M Disraelly advised the City Manager that he was incorrect; and in a shopping center with three dumpsters, it was possible to have three collectors involved, without having names on the dumpster con- tainers. C/M Disraelly inquired whether everything could be handled within the next ten days, by notifying every franchisee and all commercial enter- prises in the City. Mr. Birken responded that he was scheduled to be out-of-town on Thursday and Friday, but could prepare modifications to the ordinance, for a cash amount to be posted by each franchisee, for problems in the dump- ster. Also, providing a specific penalty to be imposed when it is determined that a dumpster is dirty. Mayor Falck felt that it is the responsibility of the franchise company to do the proper job, and said that the City should be enforcing this. C/M Disraelly MOVED for the adoption of Temp. Ord. #744, and V/M Massaro SECONDED. VOTE: ALL VOTED AYE. V/M Massaro said that she would personally go out on a dumpster inspec- tion, and submit every violation that she sees, to which Mayor Falck concurred. C/14 Disraelly indicated that the City Manager should send someone out to check these dumpsters, and submit a report to Council. 30. All Service Refuse Co. - Renewal of Commercial Garba e Collection e Franchise - Tm Ord. #745 - Discussion and possible action to renew this franchise for one year. Second Reading. SYNOPSIS OF ACTION: Adopted on 2nd Reading The City Attorney read Temp. Ord. #745. ORDINANCE NO.O- �- PASSED. Mayor Falck opened the discussion to the public, and closed it because there were no comments received. Mr. Gross advised that the City has the correct insurance certificate for All Service Refuse, and the correct bond, plus all payments -have been received. C/M Disraelly MOVED for the adoption of Temp. Ord. #745, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. 31. 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. Second Reading. SYNOPSIS OF ACTION: Adopted on 2nd Reading ORDINANCE NO.O- O PASSED. -20- 4/23/80 mr/ r The City Attorney read Temp. Ord. #746. Mayor Falck opened the discussion to the public, and closed it because there were no comments received. C/M Zemel MOVED to adopt Temp. Ord. #746, on second reading, and C/M Disraelly SECONDED. Mr. Gross advised that the insurance certificate for Browning -Ferris is current, with an updated cash bond, and do have accounts in the City. VOTE: ALL VOTED AYE. 32. County Waste, Inc. - Renewal of Commercial Garbage Collection Franchise - Temp. Ord. #747 -- Discussion and possible action to renew this franchise for one year. Second Reading. SYNOPSIS OF ACTION: Adopted on 2nd Reading The City Attorney read Temp. Ord. #747. ORDINANCE NO.O- gQ -,51 PASSED Mayor Falck opened the discussion to the public, and closed it because there were no comments received. Mr. Gross indicated a current insurance certificate is on file for County Waste, Inc., with a request for them to increase their bond from $2,500.00 to $2,600.00; with submission by County Waste of a $2,700.00 cash bond. C/M Disraelly MOVED for the adoption of Temp. Ord. #747, on second reading, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. 33. Industrial Waste Services - Renewal of Commercial Garbage Collection Franchise - Temp. Ord. #748 - Discussion and possible action to renew this franchise for one year. Second Reading. SYNOPSIS OF ACTION: Adopted on 2nd Reading The City Attorney read Temp. Ord. #748. ORDINANCE NO.0- ZQ_ P: S5 ED. Mayor Falck opened the discussion to the public, and closed it because there were no comments received. Mr. Gross said that Industrial Waste does not have accounts in the City, but do have a current insurance certificate, and a correct bond. C/M Disraelly MOVED for the adoption of Temp. Ord. #748, on second and final reading, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. -- C/M Zemel was absent from the dais 34. Ronkoma Corp. - Renewal of Commercial Garbage Collection Franchise - Tem 2Ord. #749 - Discussion and possible action to renew this franchise for one year. Second Reading. SYNOPSIS OF ACTION: Adopted on 2nd Reading The City Attorney read Temp. Ord. #749. ORDINANCE NO.O- PASSED. Mayor Falck opened the discussion to the public, and closed it because there were no comments received. Mr. Gross advised there was a current insurance certificate and bond on file for Ronkoma Corp., and they do have accounts in the City. V/14 Massaro MOVED for the adoption of Temp. Ord. #749, on second reading, and C/M Disraelly SECONDED. VOTE: C/W Kelch C/M Zemel C/M Disraelly V/M Massaro Mayor Falck - Aye - Absent from dais -- Aye - Aye Aye -21- 4/23/80 mr/ 35. Southern Sanitation - Renewal of Commercial Garbage Collection Franchise -- Temp. Ord. #750 - Discussion and possible action to renew this franchise for one year. Second Reading. SYNOPSIS OF ACTION: Adopted on 2nd Reading ORDINANCE NO.O- 0 -,!� PASSED. The City Attorney read Temp. Ord. #750. Mayor Falck opened the discussion to the public, and closed it because there were no comments received. The City Manager advised that an accounting was submitted, but did not have the correct breakdown for each account. He said they do have a current insurance certificate, and were requested to increase their bond to $4,000.00, but submitted a bond in the amount of $4,200.00. He further added that Mr. Christy would be submitting the correct break- down shortly, and suggested adoption of this ordinance, based on receipt of the accounting. V/M Massaro MOVED for the adoption of Temp. Ord. #750, on second and final reading, with a proviso that the accounting be submitted prior to April 30th, and C/M Disraelly SECONDED. VOTE: ALL VOTED AYE. Mr. Gross responded to a question by the Vice -Mayor, by stating that he has not received additional companies requesting franchise agreements. COMMUNITY DEVELOPMENT 39. Commercial Plaza - Sign Waiver - Temp. Reso. #1594 - Discussion and possible action on request to install one additional directory sign for this shopping center. SYNOPSIS OF ACTION: Tabled to recessed meeting of 4 30 80. C/M Disraelly read Temp. Reso. #1594, and requested that Ray Baade, the Chairman of the Beautification Committee make a presentation. Mr. Baade indicated that the applicant came before the Beautification Committee, with a request for an additional directory sign to be con- structed out of an existing ground sign, at the entrance to his property on State Road 7. He noted that after considerable discussion, the sign being requested, would not resemble the present existing directory sign, which was erected in front of Salem Rug Company. Mr. Baade advised that the Committee denied the application, because the ordinance permits one directory sign per street front; with the request being for two signs. The vote for recommendation to Council, was 4 to 1, with his vote being the negative vote; which memorandum he submitted to Council. He noted the following reasons; 1) two signs were not permitted by the ordinance, and 2) the sign being requested could not conform as to height above ground level, for the beginning of the sign - the present ordinance for a directory sign requires a minimum of six feet from ground level to the bottom of the sign, which would permit visibility of incoming and outgoing traffic. If, he said, the request was for an additional directory sign, which is identical to the one posted in front of Salem Rug, he would have voted in the affirmative. V/M Massaro inquired whether the applicant was present, to which Mr.Baade indicated that Mr. Klein was the agent for this Shopping Center, and was aware of the Committee's recommendation that it be presented to the City Council. She felt that Mr. Klein should be given the oppor- tunity to make a presentation, and said that it was not definite he received proper notification of the meeting. C/M Disraelly said that Mr. Klein appeared before Council on July 14, 1977, with a similar request, which was approved, due to the location of the property, as to two directory signs. But, at the Beautification Committee, he felt that Mr. Klein would agree to changing the ground sign to a directory sign, and would require raising it from the ground, -22- 4/23/80 mr/ and changing the colors to .red -on -white, rather than brown -on -white. C/M Disraelly noted that Mr. Baade suggested raising the sign by placing two posts on either end, in order to make it a pylon type sign. Another question, he said, should be directed to Mr. Klein, as to leaving the ground sign in tact, and put a second directory sign on the north -end of the property. Mr. Baade recommended that Council approve the request for the waiver, and grant permission for an additional directory sign, provided that it is identical to the existing sign. He said that it is plexiglas faces mounted on pylons, and the one being requested, would be a rustic wood ground sign, painted in brown, with plastic inserts. Mayor Falck suggested that the item be tabled, and have Mr. Klein con- tacted, which could be considered at the recessed meeting of April 30th. C/M Disraelly MOVED to table the item to the 4/30/80 recessed meeting, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. Mayor Falck established a time certain for 4/30/80, at 10:30 A.M. 38. Edgewater Village -- Discussion and possible action on: a) Agreement for sidewalk and swale areas. b) Partial Bond Release - Temp. Reso. #1586. c) Acceptance of Road Rights -of -Way - Temp. Reso. #1592. SYNOPSIS OF ACTION: a) Approved,b) Adopted, asamended, and c) Adopted. (See page 24-- for reconsideration of subsection"b) RESOLUTION NO. R- � f 0 PASSED. RESOLUTION NO.R- & :ilO PASSED. a) Mr. Birken advised that an agreement was modified, which was executed by the developer, and was in a legally acceptable form, which was subject to payment of the Engineering fees, in the amount of $6,285.49, rather than $5,766.00. V/M Massaro concurred with the City Attorney, and MOVED for ap- proval of the Agreement between the City and Homeland Enterprises, and the proper persons be authorized to execute this Agreement, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. b) The City Attorney read Temp. Reso. #1586, and V/M Massaro MOVED for its approval, as amended, and C/M Disraelly SECONDED. VOTE: ALL VOTED AYE. c) The City Attorney read Temp. Reso. #1592, and V/M Massaro MOVED for its adoption, and indicated her approval was with the greatest pleasure, because of the beautiful job that has been accomplished on this project, by Dick Rubin. C/M Disraelly SECONDED the motion. VOTE: ALL VOTED AYE. 36. Isles of Tamarac - Discussion and possible action on: a) Perimeter Wall - Maintenance Agreement b) Landscape Plan SYNOPSIS OF ACTION: Tabled to 4/30/80 meeting. C/M Disraelly called attention to a prior meeting, where Lot 52 was indicated to not be sold, but Mr. Glusman, Jr. advised that it was sold. He said that the landscape plan and the wall did require dis- cussion. C/M Disraelly said that on April 4th, a permit was pulled to build on that lot, and on April 14th, a release was requested for Lot 52. He further added that the lot was staked out for concrete, and three construction trailers were in the area, with only one having a permit, and a chain -link fence, plus barbed wire, which is prohibited in the City, by ordinance. C/M Disraelly also noted that Mr. Glusman -23- 4/23/80 mr/ Tape was not in attendance, but would be present at the April 30th meeting. Side He said that the Building Department was informed, and felt that the #7 site would be red-tagged.at this time. V/M Massaro MOVED that Item #36, Isles of Tamarac, be tabled to the recessed meeting of Wednesday, April 30th, with notification to the developer, and violations be red -tagged, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. 38. Edgewater Village -- Discussion and possible action on: b) Partial Bond Release - Temp. Reso. #1586 SYNOPSIS OF ACTION: b) Approved with dori Mons* upon reconsideration. (See page 23) V/M massaro requested that Item #38 b) be reconsidered, in order to clarify the motion. She RESCINDED HER MOTION, and C/M Disraelly RESCINDED THE SECOND. VOTE: ALL VOTED AYE. b) V/M Massaro MOVED the approval of the subdivision improvement bond release, which is a Letter of Credit, subject to the responsi- bility of Mr. Rubin, who is acting for Homeland Enterprises, Inc. to bring in a bond or a Letter of Credit, in the amount of $165,254.56, to cover the maintenance and performance bond for the one (1) year guaranty period. She said it was subject to the payment of $6,285.49, which are the additional engineering fees. She stated that the motion relates to Temp. Reso. #1586. C/M Disraelly SECONDED the motion. VOTE: ALL VOTED AYE. 43. Woodlands - Section 5, Lot 6, Block 40 - Discussion and possible action concerning partial vacation of Utility Easement by Temp. Reso. #1596. SYNOPSIS OF ACTION: Adopted RESOLUTION NO.R-�Q �Q 9 PASSED. The City Attorney read Temp. Reso. #1596, and indicated that the docu- ment was clear, by requesting a partial vacation of the easement, where an existing building juts into the easement. In response to C/M Dis- raelly's question, Mr. Birken stated that the easement was not being used by any utilities. Dr. Barcham, the owner of the property, distributed copies for Council's perusal, as relates to the utilities, to which Mr. Birken said that he has viewed this, and is satisfied. C/M Disraelly MOVED for approval of Temp. Reso. #1596, vacating partial easement, and V/P2 Massaro SECONDED. VOTE: ALL VOTED AYE. 44. Spring Lake -- Discussion and possible action on: a) Agreement b) Partial Release of Certificates of Occupancy. SYNOPSIS OF ACTION: a) Tabled to 4/33/80, and b Chief Building Official authorized to make final inspections and issue 6 C.O.s. a) V/M Massaro indicated that the Agreement was not ready, but would create a hardship on the applicant if they were not permitted to make a plea for partial release of the Certificates of Occupancy. She requested to table subsection a)for the recessed meeting. Mr. Birken noted that Council was given copies of the latest draft, and felt that input would be appreciated in the performance of his duties. V/M Massaro MOVED that Item #44, subsection a), the Agreement, -24- 4/23/80 Tape Side 8 1/2 be tabled to the recessed meeting of April 30, 1980, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. Mayor Falck indicated that the item will be called at approxi- mately 11:30 A.M. b) Julian Bryan said that in 1978, a subdivision improvement bond was posted, in the approximate amount of $350,000.00. At that time, he said, the Vice -Mayor expressed concern about common drainage between that tract and Westwood 5 Community south and east. He said that at that time a program commenced on certain drainage, with additions and deletions, or an augmentation program. Mr. Bryan said the entire subdivision has been completed, as -built prepared, and there has not been a request for a release or reduc- tion of the subdivision improvement bond, and still exists in full - force on the property. Mr. Bryan said they are presently down to the last 15 units, for closings, out of 97 lots, and would request release of six (6) C.O.s, and possibly have the balance released by next Wednesday, April 30th. He indicated that several families were living in Motels, awaiting the C.O., in order to move into their living units. Each of these, he said, were 30 to 90 days behind schedule of deliveries of contract. He further added that the City was ade- quately protected because the full $350,000.00 bond was still on the property, and again requested release of additional C.O.s this day. V/M Massaro said that part of the problem has been due to the careful work that the engineers have been doing, in attempting to determine the required work. She said the area of the new work would involve the canal to be dug, under the new Agreement, and particularly the culvert crossing. As of the 21st of April, a final memorandum was submitted to her, on the decision for the size of the pipe for the culvert crossing. She said that in these negotiations it involved everything being correct and proper in the new work, because of the drainage ditch, which was created by Leadership and was being made into a full-fledged canal and culvert crossing across the street. V/M Massaro responded to C/M Disraelly's question, by stating that the culvert crossing would require either a 48 inch reinforced concrete pipe, or a 60 inch galvanized corrugated pipe. Mr. Bryan concurred, and added that it would go adjacent to an existing 30 inch pipe, that was part of the drainage outfall system for Westwood 6, that exists at the present time. The middle por- tion, he said, would be taken out of the 30 inch pipe, as it ex- ists, along the edge of Tract 1 and Tract 2, by replacing it with an open canal; and add the 60 inch adjacent to it, rather than the 48 inch. V/M Massaro recommended that six (6) C.O.s be granted at this time, and on Wednesday, April 30th, if an Agreement has been prepared, then the balance will be resolved. Harold Newman inquired as to the water going into the canal, flooding and retention areas, to which C/M Disraelly responded that 550 X 50 X 3 feet is the storage capacity of the extra water, which will increase the capability of storage. Mr. Bryan said that April 30th, he will display diagrams in order to explain the storage system. V/M Massaro MOVED that the Chief Building'Official be authorized to make final inspections and issue Certificates of Occupancy, if the final inspections meet with his approval on six (6) single- family homes at Spring Lake; that should leave nine (9) still subject to final inspection and Certificate of Occupancy. C/W Kelch SECONDED the motion. VOTE: ALL VOTED AYE. -25- 4/23/80 mr/ 14 LEGAL AFFAIRS 12. Tamarac Shopping Plaza - Site Plans - Discussion and possible action. SYNOPSIS OF ACTION: Tabled, with extension of site plan approved to 5/14/80. Mr. Birken informed Council that Mr. James Gilbride will not be in attendance, because he has to.appear in Court; and requested that the site plan be extended until the next regular meeting, and the item be tabled. V/M Massaro MOVED that the site plan be extended to the next regular meeting of May 14, 1980, and C/M Disraelly SECONDED. VOTE: ALL VOTED AYE. 13. Business Uses - Temp. Ord. #710 - Amending Code Section 28 by estab- lishing restrictions on various types of businesses. First Reading. SYNOPSIS OF ACTION: Approved on 1st Reading, as amended. The City Attorney read Temp. Ord. #710. C/M Disraelly indicated changes in the following areas; page 3, line 28 1/2, the words "special exception" should be added after the word delicatessen; also an "asterisk" should be added after B-2. He also noted that on page 6, line 13, under Jewelry Stores - Watch Repairs, that "restyling and polishing" verbiage be added to that classification. C/M Disraelly further added that on page 11, line 19, the first word should be "in", rather than is. Barry Eden said that he was representing the Tamarac Chamber of Com- merce, and Colony West Associates, also known as the Shops of Tamarac. He said that the ordinance was reviewed by the Board of Directors, and it was their opinion that the precedent of special exception is dangerous, because it prohibits an owner of commercial property the ability to lease his property to a ready, willing and able tenant. This, he said, involves a substantial delay in concluding a transaction. Mr.Eden said that standards could be set forth in the ordinance, and clearly indicate the requirements of the City, and the landlord -owner could define the obligations to be presented to a tenant. It was his feeling that more controls were not necessary, because it was creating additional work for the City and the City Council. Mr. Eden was aware of the business uses and the various categories, because of the large shopping center he controls, and the amount of tenants involved. C/M Disraelly stated that there were approximately 25 special exceptions in B-1 and B-2 categories; with B-3 having a few, which were for the protection of certain instances. Fie said that special exception does effect a means of control on particular businesses. Mr. Eden further added that he would like to see additional items on the list, rather than requiring it by special exception, especially when standards are satisfied. He felt that a list could be put in writing, in order to promote a meeting with Council, for discussion of additional items. C/M Disraelly advised that a few items were added, restaurant and dining -rooms in B-1 and B-2, with the other being business schools in B-1, which was requested by Mr. Eden two years previous. Mr. Eden indicated that the intent was not to add categories, but to create uses by special exceptions, and he felt that it was a dangerous precedent. C/W Kelch said that everything that has been added was for the protec- tion of the property owner, and would not want to delay approval --26- 4/23/80 mr/ L � r � of the ordinance. V/M Massaro said that the ordinance was not a threat to those businesses that have proper side lots, are propertly located, and meet the standards that are established. The Vice -Mayor recommended that Mr. Eden send a memo to Mayor Falck, as to the list he previously discussed, which will be considered by Council. V/M Massaro said that under the item "Halls for Hire", on page 6, she felt that some small places, namely, the American Legion Hall, and the Italian American Club, that were also in B-1, it would prevent them from hiring, because they were non-profit. Tape Side C/M Disraelly said that non-commercial would incorporate these small #9 halls and clubs, that are non-profit organizations. He then MOVED for the adoption of Temp. Ord. #710, as amended and revised, on first reading, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. V/M Massaro suggested that Barry Eden submit his recommendations prior to the 4/30/80 meeting, because it might require changes in the title of the ordinance, which has to be advertised for second reading. V/M Massaro MOVED to carry this item over to the next regular meeting, in order to be in a position to take action, if Council desires to do so, after receiving comments from the Chamber of Commerce, which might necessitate changes in the title, and C/M Disraelly SECONDED. C/W Kelch confirmed the fact that the ordinance has been approved on first reading, but would be further discussed at the 4/30/80 meeting. VOTE: ALL VOTED AYE. 27. 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. Second Reading. SYNOPSIS OF ACTION: Approved on 2nd Reading ORDINANCE NO.O- Q — PASSED. See page 18 Mayor Falck indicated that discussion was held earlier in the day, a motion of approval was made, but withdrawn pending the arrival of Barry Eden. Mr. Eden indicated that the intent and purpose of the ordinance would be beneficial to the City and the future commercial developers, who require its use, as to the purchase of the building for the library. C/M Disrae-Ily said that on October loth, 1979, Mr. Eden indicated that he woukd put in writing the fact that the curbing and medians would be Lnstituted on 70th Street. Also, on December 13th, the Chief Building Official contacted Mr. Eden, as to the median cuts on the e?ast-west ei?ds of the property, on 70th Street. It was noted that Coral Gables was proceeding, and the City Manager was informed that on Monday�t�'he permits would be requested, but to -date this has not occurred. Mr. Eden said that Coral Gables has started their work, and dug --out the medians on 70th Street, and were in negotiations with the paving company, but could not reach a conclusion. He stated that they were using Inland Seal -Coating, and the money for the bond was enroute from New York, and anticipated its arrival in the City either by Thursday or Friday, for posting of the bond, with pulling of the permit.Mr.Eden felt that the work would be commenced and completed next week, with full compliance. He said that the check would be in the amount of $2,500.00. C/W Kelch REINSTATED THE PREVIOUS MOTION, that Temp. Ord. #737, as amended, be approved on second and final reading, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. -27- 4/23/80 mr/ Mr. Eden thanked the Council members, and felt that Broward County appreciated the opportunity to purchase the library building in the same location. 48. Helistop - Tem2._ Reso. #1601 - Discussion and possible action. SYNOPSIS OF ACTION: Approved (See page 1) RESOLUTION NO.R- Q 17 PASSED. Mayor Falck said that he distributed information to Council, as re- lated to the hearing held at the Department of Transportation, on Monday, April 21st, for the proposed Heliport at The Gate condominium. He said there was a request made that the City Attorney's office sub- mit a resolution, which should be sent no later than Thursday, 4/24, in order to officially record the feelings of the City of Tamarac, with the State of Florida -- Department of Transportation, as to their expres- sion.of opposition. The City Attorney read Temp. Reso. #1601, and noted a correction in the word "siting". C/PZ Disraelly indicated a correction on line 32, for the word"thousands", which was misspelled. C/W Kelch MOVED that Temp. Reso. #1601, concerning the expression of opposition by the City of Tamarac, to the siting of a private helistop at The Gate Condominium, be approved, and C/M Disraelly SECONDED. VOTE: ALL VOTED AYE. COMMUNITY DEVELOPMENT 40. Spring Lake - Revised Site Plan - Discussion and possible action to approve the Shuffleboard Court improvements. SYNOPSIS OF ACTION: Approved Julian Bryan advised that this concerned an application that came through the Building Department for a trellis and visual screen for the shuffleboard court. C/M Disraelly MOVED for its approval, and V/M Massaro SECONDED. VOTE: ALL VOTED AYE. MEETING WAS RECESSED TO WEDNESDAY, APRI ATTEST: ASS'T. CITY CLERK Y This public document was promulgated at a cost of h / , or $0•v� per copy, to inform the general public and public officer and employees about recent opinions and considerations by the City Council of the City of Tamarac. APPROVED BY CITY CCODUN�CILL ON / 5/ eiA Mo 4/23/80 mr/