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HomeMy WebLinkAbout1981-05-27 - City Commission Regular Meeting Minutes7� u' " n: P. C• DCX 250113 TAMARAC, FLORIDA 3332D t FIRST CLASS MAII CITY OF TAMARAC, FLORIDA CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, MAY 27, 1981 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 speci- fic time to be heard, and will entertain motions from Council members to table those items which require additional research. Council may agendize by majority consent matters of an urgent nature which have come to Coun.cil's attention after publication. PRESENTATIONS/AWARDS 1. Third Annual Colon West/Tamarac Open Golf Tournament - Presen- (5/27-pgs.1,2) tations of awards.to winners of this tournament. 2. Em to ee of the Month - Presentation of awards by the City (5/27-pgs.2,3) Manager to the "Employee of the Month", for the months of March and April, 1981. 3. Employee Service Awards - Presentations by the City Manager of (5/27-pgs.2,3) Five -Year Pins to Frank Knapfel, of the Fire Department, Det. Michael McGrane and Lt. Kenneth Woodall of the Police Depart- ment. 4. Consent Agenda - Items listed under Item #4, Consent Agenda, are viewed to be routine and the recommendation will be enacted by one motion in the form listed below. There will be no (5/27-pgs.2,3) separate discussion of these items. If discussion is desired, then the item(s) will be removed from the Consent Agenda and will be considered separately. a) Mitchell Ceasar - Grants Consultant - 5/18/81 -- $1, 250.00 & Retainer and 5/21/81 - $292.09 Expenses, Total - $1,542.09 - APPP,OVED Approval recommended by City Manager. )RECIOVED & TABLED to b) Alexander Grant & Co. - Auditors - Special Audit of PSC 6/10/81 Refund - 4/22/81 - $1;800.00 - Approval recommended by Finance Director. ) thru f) - PROVED as c) Frenz Enterprises, Inc. -- T.U. West - Plant No.4 - Removal SUBMITTED. and Disposal of Sludge - 5/6/81 - $10,638.88 - Approval recommended by City Engineer. d) Bid Authorization - Fire Department - Approval for the City Manager to go to bid for 1000 feet of four (4") inch fire hose. e) Recreation Department - Tiny Tot Program - Recommended by City Manager to be removed from the agenda. D n r_F MWn f) Tamarac Park - Athletic Federation Proposal to enclose re- freshment pavilion - Recommended by City Manager to be re- moved from the agenda. GENERAL ADMINISTRATIVE/FINANCIAL 5. Data Processin S stem - Discussion and possible action on: a) Bid Award for Computer - Temp. Reso. #1900. s TABLED b) Bid Award for Software - Temp. Reso. #1921 (tabled from 5/13/81) 6. Lanzo Construction Com an - 1980 Storm Drainage Augmentation - (5/27-pgs.3,, N.W. 81st Street Outfall -- Discussion and possible action to PAYP= APPD. authorize payment of Pay Estimate No.2 (tabled from 5/13/81). 7. Solid Waste/Resource Recovery - Temp. Reso. #1919 - Discussion (5/27-pg.3) and possible action to participate in a program with Broward 5O.81-105 County. 8. Markham Park Zoo -- Discussion and possible action concerning (5/27-pg.4) "_'Municipal Day at the Zoo". BE HELD ON 6/7/81 PUBLIC HEARINGS - ').nn n M 9. Boards and Committees - Selection of Officers - Temp. Ord. #879 (5/27/81-pg.1. Discussion and possible action to mandate that officers of APPD.on 2nd Boards and Committees be selected annually by its membership. Rdg.-ORD.81-2 Second Reading. 10. Parks and Recreation Department - Temp. Ord. #883 -- Discussion (5/27-pg.13) and possible action to establish this Administrative Department APPD. on 2nd Second Reading. Rdg.--ORD.81-2 11. Desecration of Property - Temp. Ord. #884 - Discussion and (5/27-pgs.13, possible action to provide for parental responsibility for acts 14)APPD. on of vandalism committed by their children and adoption of F.S.S 2nd Rdg. 741.24 - recovery of damages. Second Reading. ORD.81-26 LEGAL AFFAIRS 12. Definitions of Heights in Code Section 28 - Tem . Ord. #882 - Discussion and possible action to amend Section 28-1 of the Code clarifying the definitions of heights. First Reading. 13. Rezoning Applications - Temp. Ord. #876 - Discussion and pos- sible action to amend Code Section 28-25(g) of the Code to permit rezoning to a category more restrictive than that which applicant requested. First Reading. 14. Criminal Justice System - Temp_._ Reso. #1924 - Discussion and possible action on recommending amendment of legislation to combat the increasing crime rate. 15. Sovereign Immunity - Temp. Reso._ #1925 - Discussion and pos- sible action to oppose proposed change in Florida Statutes. COMMUNITY DEVELOPMENT (5/27-pg. 4 ) APPD.on 1st Rdg.,as AMENDED. (5/27-pg.5) APPD.on lst Rdg., as AMEI,TDED. (5/27-pg.5) RESO.&1-106 (5/27-pgs. 5, E DENIM 16. Duff's Plaza (Commercial Boulevard Lands) - Revised Site Plan - (5/27-pgs.11, Discussion and possible action on a revised site plan for 12)APPD. witl parking layout. CONDITIONS. 17. United Federal Savings & Loan - Discussion and possible action (5/27-pgs.12, to permit a temporary road to provide access to McNab Road. 13)TBLD. for ADDTL.INFO. 18. Burger King -- Bond Release - Temp. Reso. #1897 - Discussion and (5/27_pg.6) possible action to release a performance bond posted for public RESO.81-107 improvements. (tabled from 4/22/81) PAGE THREE. 19. Fairways of Tamarac - Buildings A & B - C & D - Performance (5/27 pgs'6,7) Bonds - Temp. Reso. #1926 -- Discussion and possible action on RESO.NOT READ. various bond release requests.' 20. Concord Village -- Discussion and possible action concerning (5/27-pg.7) renewal of the model/sales facility. (tabled from 5/13/81) PD.for 6 mos. with fees. 21. Gardens of Sabal Palm - Model Sales facilities -- Discussion (5/27-pgs.7,8) and possible action on: a) Renewal of permit for model sales facility. APPD.FOR 6 mos. b) Request to permit an additional model sales facility and a APPD.as noted waiver of the 300 foot distance requirement for C.O.s. 22. Drainage Improvements - Western area of the City -- Discussion (5/27-pg.8) and possible action. TBLD.to 6/10/81 COMMITTEES AND BOARDS 23. Public Information Committee - Discussion and possible action to appoint members by Tem Reso. 41906.(tabled from 5/13/81) 24. Parks Commissioner - TemL. Reso. 41922 - Discussion and pos- sible action to appoint a Parks Commissioner and set forth powers and duties. (tabled from 5/13/81) 25. Fishing Commissioner - Tem2. Reso. #1923 - Discussion and pos- sible action to appoint a Fishing Commissioner, and set forth powers and duties. (tabled from 5/13/81) 26. City Photographer - Temp. Reso. #1927 - Discussion and possible action to appoint a photographer and set forth duties. (tabled from 5/13/81) 27. Welcome Committee - Temp. Ord. #889 - Discussion and possible action to establish this committee, and appoint regular and alternate members. (tabled from 5/13/81) First Reading. REPORTS 28. City Council 29. City Manager 30. City Attorney City Council may consider such other business as may come before it P,-1 -Single Family Residence R--1B & R-lC -One-Family Dwelling R-2 -Two-Family Dwelling RD-7 -Two-Family Dwelling R-3 -Low Density Multiple Dwelling R-3U -Row House RM--10 -Planned Apartment R-4A -Planned Apartment B-1 -Neighborhood Business Center B-2 -Planned Community Business B-3 -General Business B-5 -Business District B-6 -Business District Pursuant to Chapter 80-105 of Florida Law, Senate Bill No. 368: If a person decides to appeal any decision made by the City Council with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (5/27-pg.8) �ESO.31-108 5/27-pg.8) Norman Karr F.ESO.81-109 (5/27-pgs.8,9) Irving Epstein P,ESO.81-110 (5/27-pg.9) Samuel Tepper RESO.81-111 (5/27-pgs.9,10) APPD.on 1st F.dg . as AMENDED. (5/27-pgs.10, Ll&14) CITY OF TAMARAC Carol A. Evans CAE/mr Assistant City Clerk PUBLIC HEARINGS/SPECIAL MEETINGS/WORKSHOPS Tuesday, June 2, 1981 - 1:30 P.M. - Workshop Meeting on 1. Tract 27 Remote Storage Tank 2. System Loop at University Drive and McNab Road 3. Establishment of a new Well Field 31. Additional Members to be Appointed to the Recreation Committee 32. Broward League Letter from Kurt Volker, on revenue Sharing - Discussion and possible action. Pl r-P PnTTP 5[27,Pg.1, Agen.by Cons., Pg.10,Three members aDDtd. /37,Pg.14, gen.by Cons., ayor Falck uth.to send eleTrrams.. CITY OF TAMARAC, FLORIDA REGULAR CITY COUNCIL MEETING MAY 27, 1981 CALL TO ORDER: Mayor Walter Falck called the meeting to order on Wednesday, May 27, 1981, at 9:30 A.M., in the Council Chambers. ROLL CALL: PRESENT: Mayor Walter W. Falck Vice -Mayor Irving M. Disraelly Councilwoman Helen Massaro Councilman Irving Zemel Councilman Philip B. Kravitz ALSO PRESENT: City Manager, Laura Z. Stuurmans City Attorney, Arthur M. Birken Assistant City Clerk, Carol A. Evans Secretary, Mimi Reiter MEDITATION & PLEDGE OF ALLEGIANCE: Mayor Falck called for a Moment of Silent Meditation followed by the Pledge of Allegiance. Mayor Falck reviewed the schedule of items on the Agenda. 31. Additional Members to be Appointed to the Recreation Committee. SYNOPSIS OF ACTION: AGENDIZED BY CONSENT ( See page 10 ) C/M Kravitz MOVED to AGENDIZE BY CONSENT, the appointment of additional members to the Recreation Committee, and C/W Massaro SECONDED. VOTE: ALL VOTED AYE. GENERAL ADMINISTRATIVE/FINANCIAL 5. Data Processing fystem - Discussion and possible action on: a) Bid Award for Computer - Ter:1p. Reso. #1900. b) Bid Award for Software - Temp. Reso. #1921.(tabled from 5/13/81) SYNOPSIS OF ACTION: Tabled Mr. Birken recommended that this item be tabled to no more than two meetings from this date, because the bid date for Microdata expired, and a letter was not received for such extension. C/W Massaro MOVED to TABLE Item #5, and C/M Kravitz SECONDED. VOTE: ALL VOTED AYE. PRESENTATIONS/AWARDS 1. Third _Annual Colony West/Tamarac Open Golf Tournament -- Presentations of awards to winners of this tournament. SYNOPSIS OF ACTION: Presentations were made by Sharon Ellis, the Recreation Director. Mrs. Ellis indicated that an Annual Golf Tournament was held on May 17th, 1981, which was held at the Colony West Golf Course. She thanked Marty Stanovitch and Dennis Price of Colony West, Carl Hansley and Bob Zack of Zack's Restaurant, and Manny Fernandez, a former member of the Miami Dolphin Team. Mrs. Ellis indicated that these people contribu- ted refreshments, and assisted in totaling the scoring with the Calloway system. She additionally stated that sixty-two nten and women competed in this tournament. Sharon Ellis presented the following awards: 1st Place Low Net Men - Norman Spanks - 62 2nd Place Low Net Men - George Rockmore - 62 1st Place Low Net Women - Betty Kollar -- 65 2nd Place Low Net Women - Carmen Worrall - 65 1st Place Low Gross Men - Charles Busa _ 63 2nd Place Low Gross Men - Mike Klocsak - 63 lst Place Low Gross Women - Betty Rollar -- 77 2nd Place Low Gross Women - Carmen Worrall - 78 -1- 5/27/81 mr/ Highest Score Men - David Clevenger - 98 Highest Score Women - Pearl Rosenberg -111 Certificates of Appreciation were also presented to Marty Stanovitch and Dennis Price of Colony West, also, to Carl Hansley and Bob Zack of Zack's Restaurant, and another for Manny Fernandez. 2. Employee of the Month -- Presentation of awards by the City Manager to the "Employee of the Month", for the months of March and April, 1981. SYNOPSIS OF ACTION: Awarded to Raul Santiago, for the month of March. (See page 3) The City Manager made the presentation to Raul Santiago of the Public Works Department, for the month of March; but delayed the April award until the person was in attendance. 3. Employee Service Awards - Presentations by the City Manager of Five - Year Pins to Frank Knapfel, of the Fire Department, Det. Michael McGrane and Lt. Kenneth Woodall of the Police Department. SYNOPSIS OF ACTION: Police Department employees were not available, and the Fire Department employee was not in attendance. Item delayed temporarily. (See page 3) The City Manager indicated that the representatives of the Police Depart- ment were not available for this meeting; but, the Fire Department rep- resentative was not in attendance at this time, and requested delaying this temporarily. 4. Consent Agenda a) Mitchell Ceasar - Grants Consultant - 5/18/81 - $1,250.00 Retainer 5/21/81 - $292.09 Expenses, Total - $1,542.09 - Approval recommended by City Manager. b) Alexander Grant & Co. -- Auditors - Special Audit of PSC Refund - 4/22/81 - $1,800.00 - Approval recommended by Finance Director. c) Frenz Enterprises, Inc. - T.U. West - Plant No.4 - Removal and Disposal of Sludge - 5/6/81 - $10,638.88 - Approval recommended by City Engineer. d) Bid Authorization - Fire Department - Approval for the City Manager to go to bid for 1000 feet of four (4) inch fire hose. e) Recreation Department - Tiny Tot Program - Recommended by City Manager to be removed from the agenda. f) Tamarac Park -- Athletic Federation Proposal to enclose refreshment pavilion - Recommended by City Manager to be removed from the agenda. SYNOPSIS OF ACTION: a) -Removed for separate discussion, and then Approved; b)-Removed for separate discussion, and then TABLED to 6/10/81 meeting, for submission of a report, with a recommendation that C/M Kravitz become involved; c) through f) - Approved, as submitted. V/M Disraelly MOVED to remove Item a) and b), for separate discussion, with Items c) through f), to be Approved, as submitted. C/W Massaro SECONDED. VOTE: ALL VOTED AYE. a) V/M Disraelly indicated that the bill for the phone calls were not included, to which the Assistant City Clerk advised that it was previously paid. Fie then MOVED to pay the bill, and C/W Massaro SECONDED. VOTE: ALL VOTED AYE. b) C/W Massaro inquired of C/M Kravitz, as to the Special Audit, to which the Vice -Mayor stated that an expenditure was authorized to not exceed $7500 for the handling of the PSC refunds; but, he said $3500 was previously paid. V/M Disraelly indicated that he received a report from the Finance Director, and found that 80% of all the accounts have been located and paid. -2- 5/27/81 mr/ Ms. Stuurmans indicated that a six months review was done on the Utility operation, which she felt would embrace PSC also, to which Mayor Falck recommended that the item be tabled, because he was to receive a report, in advance. C/W Massaro MOVED to TABLE to the next regular meeting, and would also request that C/M Kravitz become involved, in order for private discussions to be held with Alexander Grant, which will benefit the City. C/M Kravitz SECONDED the MOTION. VOTE: ALL VOTED AYE. 2. Employee of the Month - Presentation of awards by the City Manager to the "Employee of the month", for the months of March and April, 1981. SYNOPSIS OF ACTION: Award made to Eric Wessel, for the month of April. (See page 2) Ms. Stuurmans presented an award to Eric Wessel, for the month of April, noting that he originally started with the Public Works Department, as a Maintenance Man. He became a Certified Fire Fighter, as his interest in fire protection grew; - and joined the"Tamarac .Fire Department,she said. 3. Employee Service Awards - Presentations by the City Manager of Five -Year Pins to Frank Knapfel, of the Fire Department, Det. Michael McGrane and Lt. Kenneth Woodall of the Police Department. SYNOPSIS OF ACTION: Presentation by the City Manager to Frank Knapfel, of a Five -- Year Pin. (See page 2) The City Manager presented the Five -Year Pin to Frank Knapfel, of the Fire Department, who was previously an employee of the Public Works Department. GENERAL ADMINISTRATIVE/FINANCIAL 6. Lanzo Construction Company - 1980 Storm Drainage Augmentation - N.W. 81st Street Outfall Discussion and possible action t - p o authorize pay- ment of Pay Estimate No. 2 (tabled from 5/13/81). SYNOPSIS OF ACTION: Payment of $46,330.65 approved, at the recommendation of the City Engineer. (see below, and page 4) C/W P4assaro said that she discussed this item with the City Engineer, who acknowledged there were problems, which would be handled. He also stated, she said, that the company is a doing a good job, and would suggest that the payment be made, because anything that requires cor- recting could be made. C/PZ Zemel felt that the item should be held for Mr. Keating's presence. 7. Solid Waste/Resource Recovery - Temp. Reso. #1919 - Discussion and pos- sible action to participate in a program with Broward County. SYNOPSIS OF ACTION: Participation approved RESOLUTIO14 NO.R- ?/ /Qs PASSED. with Broward County. V/M Disraelly read Temp. Reso. #1919, and C/W Massaro MOVED its APPROVAL and C/M Kravitz SECONDED. VOTE: ALL VOTED AYE. 6. Lanzo �rComPan - 198_0_ Storm Draina ,A ,nm nt,a. tion - N.W. 81stSteetOutfallDiscussion and possible action to authorize pay- ment of Pay Estimate No.2. SYNOPSIS OF ACTION: (see Item #6 above) C/M Zemel inquired as to why 81st Street has been entirely closed, on both sides of the street, traveling east and west, for many months. Mr. Keating advised that the road was temporarily opened, but was closed due to an accident, but anticipated that Lanzo Construction would be working on the roadway this week, for completion. -3-- 5/27/81 mr/ C/M Zemel said that a memo distributed to Council, by the City Engineer, indicated there were minor items to be corrected, which were incon- veniencing some of the homeowners. He further added that there were some large trees to be replaced, prior to the rainy season, to which Mr. Keating concurred, also noting that there was a separate landscape contractor, but would have it expedited. V/M Disraelly said there were also some driveways under discussion, to which Mr. Keating said there were no timetables involved, but the con- tractor was made aware of particular situations that require repair. Mr. Keating indicated that the contractor was attempting to get the culverts accepted, in order to avoid the possibility of excavating, which would be costly. He responded to a question by C/W Massaro, by stating that acceptance was being made of a certain amount of feet of installed culvert, which will be tested prior to acceptance. C/W Massaro MOVED that the second payment of $46,330.65 be APPROVED for Lanzo Construction Company, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. 8. Markham Park Zoo -- Discussion and possible action concerning "Municipal Day at the Zoo". SYNOPSIS OF ACTION: To be celebrated on Sunday, June 7th, 1981. It was also determined that City law prohibits con- tributions to private organizations. Mayor Falck indicated that he sent a memorandum to Council, on Play 19th, calling attention to the fact that Sunday, June 7th, 1981, has been designated Municipal Sunday at the Markham Park Zoo; with invitations to Tamarac residents, plus other municipal officials. He also noted that they were seeking financial assistance through this fiscal year, which ends September 30th, 1981. He further stated that pressure was being brought on the County, and some municipalities were giving assis- tance. C/W Massaro said this would be opening a "pandoras box", because requests have come in from various sources; and Council passed an ordinance pro- hibiting donations. Mayor Falck advised that he had six similar requests on his desk. C/W Massaro MOVED that nothing be done, as the City does not have the right to make such donations, but could be done on a personal, basis. V/M Disraelly SECONDED the MOTION, and said this has been reviewed many times, as relates to other agencies, but have only maintained donations to the Area Agency on Aging. VOTE: ALL VOTED AYE. LEGAL AFFAIRS 12. Definitions of Heights in Code Section 28 and possible action to amend Section 28-1 definitions of heights. First Reading. SYNOPSIS OF ACTION: Approved on 1st Reading, as amended on lines 34 and 35 of the Ordinance. - Temp. Ord. #882 - Discussion of the Code clarifying the The City Attorney read Temp. Ord. #88,2, and stated that he initiated this ordinance, because of potential for abuse. He further stated that the Planning Commission recommended three changes, with two on line 34 and on line 35, which were acceptable to him. Fie also noted that dele- tion of the word "example",on line 32, does not permit meaning. On line 34, before the word height, insertion of the word "maximum"; and on line 35, after the word air --conditioning, the following language is to be inserted; "all other equipment except elevator housing and stair- wells", with removal of the word etc. at the end of the line. V/M Disraelly MOVED to ADOPT Temp. Ord. #882, with corrections and in- sertions, as indicated by the City Attorney, and C/W Massaro SECONDED. VOTE: ALL VOTED AYE. 5/27/81 -4- mr/ 13. Rezonin A plications - Temp_ Ord. #876 - Discussion to amend Code Section 28-25(g) of the Code to permit category more restrictive than that which applicant Reading. SYNOPSIS OF ACTION: Approved on 1st Reading, as amended in the title, from Section 28-15(g) to 28-25 (g) . and possible action rezoning to a requested. First The City Attorney read Temp. Ord. #876, and said this would apply when someone with R-1 would request R-4A zoning, then the City Council could either grant or deny it. Under the proposed ordinance, he said, the Council could grant zoning to R--3, RM-10, R-3U, R-2 or RD-7, if desired, from R-1 zoning. Mr. Birken said this would permit Council greater flexi- bility. Mr. Birken noted that the Planning Commission suggested that the title be changed to read Section 28-25(g), rather than 28-15(g). They also suggested other changes, which he did not agree with. V/M Disraelly concurred that the Planning Commission can make suggestions to Council, but does not have the authority to act. He then MOVED to ADOPT Temp. Ord. #876, on first reading, with the correction in the title, from Section 28-15(g), to Section 28-25(g), with balance as pres- ently written. C/W Massaro SECONDED the MOTION. Tape #2 C/W Massaro inquired as to the manner of handling a less restrictive zoning, which the applicant was requesting, to which Mr. Birken responded that the Planning Commission would recommend denial of the application, with final action to be taken by the City Council. VOTE: ALL VOTED AYE. Mayor Falck noted that second reading would be held on June 10, 1981. 14. Criminal Justice System -- Temp. Reso. #1924 - Discussion and possible action on recommending amendment oflegislationto combat the increasing crime rate. SYNOPSIS OF ACTION: Approved RESOLUTION NO. R- S1-1069 PASSED. The City Attorney read Temp. Reso. #1924. V/M Disraelly commended the City Attorney on his preparation of such a fine resolution, which covers all the aspects of criminal elements. He then MOVED for the ADOPTION of Temp. Reso. #1924, and C/W Massaro SECONDED. VOTE: ALL VOTED AYE. 15. Sovereign Immunity - Temp_. Reso. #1925 - Discussion and possible action to oppose proposed change in Florida Statutes. SYNOPSIS OF ACTION: Denied, opposing the proposed change in Florida Statutes. The City Attorney read Temp. Reso. #1925, and recommended enactment, regardless of the anticipated change in the Statute, and felt that .it was a futile act. He felt that the legislature would increase the limits of Sovereign Immunity, and would cost the City money for increased insurance premiums, that may or may not be a significant amount. If, he said, there is self insurance, it would cost the City a significant amount in increased reserves. Mayor Falck was not in favor of approving the resolution, because the Sovereign Immunity ceiling was established on possible liability dangers. Without the ceiling, he said, it would leave it open to unlimited liabil- ity. It was the Mayor's opinion that $50,000 to $100,000 limits in the present law, are too low, because $100,000 to $300,00 limits are generally carried. lie further stated that the change in amounts are being sponsored by trial lawyers and insurance companies, and felt that the limits could not be kept in line with the present economic conditions, which would ultimately eliminate Sovereign Immunity. He said the additional premium -5- 5/27/81 mr/ is insignificant and not monumental, with an example of the Garchar case, which benefits are minimal for the increased limits of liability. V/M Disraelly MOVED for DENIAL of Temp. Reso. #1925, and C/M Kravitz SECONDED. VOTE: ALL VOTED AYE. COMMUNITY DEVELOPMENT 13. Burger King - Bond Release - Temp. Reso. #1928 - Discussion and possible action to release a performance bond posted for public improvements. (tabled from 4/22/81) SYNOPSIS OF ACTION: Approved RESOLUTION NO.R- g/ / 0 Z -PASSED. The City Attorney read Temp. Reso. #1928. V/M Disraelly said this item was previously discussed, which also in- volved the installation of a median cut on 57th Street. But, he said, the problem has been resolved, and the performance bond has been in ex- istence for a period of time, which will be covered by a Warranty Bond in the amount of $3755.75, for one year. He then MOVED to APPROVE the release of the cash bond, in the amount of $2,711.25, and a surety bond totaling $12,312. C/W Massaro SECONDED the MOTION. VOTE: ALL VOTED AYE. Mayor Falck said this will enable the City to proceed with the improve- ments, which were requested of Councilmembers by residents of Section 9. The City Manager indicated that the work would be scheduled within the next week to ten days. 19. Fairways of Tamarac - Buildings A & B - C & D - Performance Bonds - Temp. Reso. #1926 - Discussion and possible action on various bond release requests. SYNOPSIS OF ACTION: Resolution not required, but item was tabled with an open date; to be put back on the Agenda by the City Attorney. C/W Massaro said there is no resolution for this item, which was rather confusing to the Assistant City Clerk. She felt that because this was progressing, a resolution was not necessary, and could not be done properly. She further stated that a meeting was held with the owners of the building, which involves the Fairways of Tamarac Condominium Association, and Mr. Kaliff, the developer, resulting in an agreement. She advised that the Association submitted letters approving changes to be made on their property; with concurrence by Mr. Kaliff to make these necessary changes, for conformance. C/W Massaro said they will be submitting revised site plans, because it involved two site plans; and they will be paying the appropriate fees, to be heard by the Planning Commission and the City Council, for approval. The Bank, she said, has extended the Letter of Credit,aftet contact with the City Attorney, which will be worded to his satisfaction. The cash bonds, she said, will remain at this time. V/M Disraelly inquired about the shortage of parking spaces, to which C/W Massaro responded there was no shortage, but merely had to be re- designed and moved, and include the dumpsters and sidewalk on the plan. V/M Disraelly discussed the two temporary resolutions, #1858, for the release of a cash bond in the amount of $6,000; and another #1813, re- leasing a cash warranty bond, which was posted by J.G.Taylor. C/W Massaro advised there was a bond belonging to a Mr. Wessinger, in the amount of $2500; with another cash bond belonging to Mr. Kaliff or Mr. Taylor, which bonds will presently stand until the work is completed. V/M Disraelly stated that a motion was made on July 11, 1979, as to 61st Street was to be repaved from 84th Terrace to 88th Avenue, to which MIC 5/27/81 mr/ C/W Massaro responded this involves the Lon Rubin project, and is called the Shell property. She further stated that it was a different project, and called Tamarac Fairways, which was confusing. C/W Massaro MOVED to TABLE this item, with an open date, which will be brought back on the agenda by the City Attorney, and C/M Kravitz SECONDED. VOTE: ALL VOTED AYE. V/M Disraelly requested that the Minutes of July 11, 1979, be researched, which indicates Fairways Parcels C & D, relates to the paving, to which C/W Massaro said that anything west of 83rd Terrace, does not belong to Fairways of Tamarac. 20. Concord Village - Discussion and possible action concerning renewal of the model/sales facility. (tabled from 5/13/81) SYNOPSIS OF ACTION: Approved for six (6) months, with appropriate fees to be paid. Mayor Falck indicated that he communicated with Mr. Rubin, and confirmed the fact that Westcliff Title has transferred its place of business to 6610 University Drive, Tamarac, Florida; with application enclosed for its occupational license, and a photostated check in the amount of $150. Mr. Birken said that the previous Council meeting involved discussion of probable illegal use at the site, but felt the problem has been remedied, and felt that action could be taken at this time. C/W Massaro MOVED that the renewal of the permit for the model/sales facility for Concord Village, be APPROVED for a period of six (6) months, with appropriate fees to be paid, and V/M Disraelly SECONDED. VOTE: ALL VOTED AYE. 21. Gardens of Sabal Palm - Model Sales Facilities - Discussion and pos- sible action on: a) Renewal of permit for model sales facility. b) Request to permit an additional model sales facility and a waiver of the 300 foot distance requirement for C.O.s. SYNOPSIS OF ACTION: a) $150 fee was paid, and permit approved for six (6) months; b) Approved for Apts. 113 and 114, in Building D, for model sales, with letters from the units owners to be on file; and approval of the 300 foot distance waiver. a) V/M Disraelly indicated that the renewal of the permit for the model sales facility, is for the "rec" building on Rock Island Road, with a six (6) months extension. It was ascertained that the $150 fees were paid, he said. V/M Disraelly MOVED to permit the model sales facility, which was originally approved, be extended for six (6) months, indicating that the fees were paid, and C/W Massaro SECONDED. Mr. Birken felt that the granting of item b) should be considered for the time period, in order to avoid an overlap of model sales facility. V/M Disraelly said their letter further requests continued use of the structure on Rock Island Road, and a re -request approval for Apartments #113 and #114, which was dated one week after the first request. He also noted that fees were previously paid, on February 26, when the two apartments were requested. VOTE: ALL VOTED AYE. b) V/M Disraelly said that based on previous granting of model sales to be used in occupied buildings, he would MOVE to permit the addi- tional model sales facility, provided that unit owner letters be on file, as to awareness of these model apartments; also, approving the waiver of the 300 foot distance. This would involve Apartments #113 -7- 5/21/81 mr/ and #114, in Building D, and C/W Massaro SECONDED the MOTION. VOTE: ALL VOTED AYE. 22. Drainage Im rovements - Western area of the City - Discussion and possible action. SYNOPSIS OF ACTION: Tabled to next regular meeting of 6/10/81. C/W Massaro said the City Engineer is not ready to move forward with anything else at this time, and MOVED to TABLE this item to the next regular meeting of June 10, 1981, and V/M Disraelly SECONDED. VOTE: ALL VOTED AYE. COMMITTEES AND BOARDS 23. Public Information Committee - Discussion and possible action to appoint members by Temp. Reso. #1906. (tabled from 5/13/81) SYNOPSIS OF ACTION: Seven (7) members RESOLUTION NO.R-—/ O� PASSED. were appointed. The City Attorney read Temp. Reso. #1906. C/M Kravitz indicated that he was the liaison member to the committee, with one appointment through the Charter Board, for Muriel Davis, and felt that six other members should be appointed, with consideration of the districts. He nominated Sydney Bass, Shirley Blumfield, Robert Glasser, Dr. Murray Greenberg, Elen D. Hochhauser and Estelle Forster. V/M Disraelly nominated Marjorie Kelch, to which the City Attorney indi- cated that at least three in the Charter, and a minimum of five in the Code, with no limit. V/M Disraelly MOVED that the following people be appointed as regular members of the Public Information Committee, adopting Temp.Reso.#1906: Sydney Bass Shirley Blumfield Estelle Forster Robert Glasser Dr. Murray Greenberg Ellen D. Hochhauser Marjorie E. Kelch C/W Massaro SECONDED the MOTION. VOTE: C/M Kravitz - Nay C/M Zemel - Nay C/W Massaro - Aye V/M Disraelly - Aye Mayor Falck -- Aye 24. Parks Commissioner - Tem . Reso. #1922 - Discussion and possible action to appoint a Parks Commissioner and set forth powers and duties. (tabled from 5/13/81) SYNOPSIS OF ACTION: Appointing Norman Karr, RESOLUTION NO.R- 5TZ=,1e9 PASSED. and setting forth powers and duties. The City Attorney read Temp. Reso. #1922. C/M Kravitz MOVED to ADOPT Temp. Reso. #1922, appointing Norman Karr, with the powers and duties, as set forth, and C/W Massaro SECONDED. VOTE: ALL VOTED AYE. 25. Fishing Commissioner - Temp. Reso. #1923 - Discussion and possible action to appoint a Fishing Commissioner, and set forth powers and duties. (tabled from 5/13/81) SYNOPSIS OF ACTION: Irving Epstein was RESOLUTION NO.R- $/ // Q PASSED. appointed, and setting forth powers and duties. The City Attorney read Temp. Reso. #1923. -8- 5/27/81 mr/ C/W Massaro MOVED to ADOPT Temp. Reso. #1923, appointing Irving Epstein, as Fishing Commissioner, with the power and duties as set forth, and C/M Kravitz SECONDED. Melanie Reynolds inquired as to Mr. Epstein being an elected official, could he be appointed a Fishing Commissioner, to which Mr. Birken res- ponded that this position was honorary, and did not involve being an officer of the City. Ile further explained that the Fishing Commissioner was not an office under the State Constitution. VOTE: ALL VOTED AYE. 26. City Photogra her - Temp._ Reso. #1927 - Discussion and possible action to appoint a photographer and set forth duties. (tabled from 5/13/81) SYNOPSIS OF ACTION: Samuel Tepper was RESOLUTION NO.R-J PASSED. appointed, and setting forth duties. The City Attorney read Temp. Reso. #1927. C/M Kravitz said a suggestion was made to appoint a City Photographer, whose duties would be to take photographers at all City functions, at no cost or salary for this position. The only provision being made, he said, was for reimbursement of expenses, would involve the film and processing; with no provision of car expenses or other disbursements. If necessary, he said, there could be appointments for assistants to the City Photographer, by the City Council. C/M Kravitz then MOVED that Temp. Reso. #1927, establishing a City Photographer, setting forth the duties, be ADOPTED, with the name of Tape Samuel Tepper, for six (6) months. He further added that assistants #3 could be added thereafter, at the pleasure of Council. C/W rlassaro SECONDED. In response to a question by the Mayor, it was stated by C/M Kravitz that each department having a particular function, and requests the use of the City Photographer, should have these monies taken from their budget. VOTE: ALL VOTED AYE. C/W Massaro felt there should be some control, because the Recreation Department was way -over their budget, to which Mayor Falck indicated that he would discuss this with the City Manager, and form a conclusion. 27. Welcome Committee - Temp. Ord. #889 - Discussion and possible action to establish this committee, and appoint regular and alternate members. (tabled from 5/13/81) First Reading. SYNOPSIS OF ACTION: Approved on lst Reading, as amended, to appoint twelve (12) regular members, and deleting alternates; with a term expiration of six (6) months. The City Attorney read Temp. Ord. #889. C/M Kravitz referred to his memorandum of 5/21/81, as to recommendations of a Welcome Committee; with a liaison member to be appointed from the City Council, 10 public members and 2 alternate members; invitations to new residents for attendance at a Council meeting, once a month, on the second or fourth Wednesday. He felt that an hour could be spent at such meeting, with the new residents being given a tour through City Hall. C/M Kravitz said that no entry will be permitted, whereby a department would be disturbed. The Committee and residents in attendance, would then meet in the West Conference Room, for a collation, and there would be a question and answer period on voters registration, taxes, homestead, various com- mittees and their functions, schools, houses of worship, parks and rec- reation, Marina at Cypress Creek Commons - Veterans Memorial Park;along with brochures imprinted by the PIC Committee, to be distributed. He also felt that a possible agenda for annual invitations of any other group. The Committee will be informed, he said, that all residents of the City are always welcome to attend any board or committee meeting. -9- 5/27/81 mr/ At this time, C/M Kravitz suggested that a $200 budget per year, would suffice. C/M Kravitz MOVED that Temp. Ord. #889 be ADOPTED on first reading, as to the creation, functions and responsibilities of this Welcome Committee. C/W Massaro SECONDED the MOTION, providing that no funds are allocated for this fiscal year. C/M Kravitz indicated that the budget items would be for the next year's budget. V/M Disraelly felt that alternates should be eliminated, and have all regular members appointed, to which C/W Massaro concurred, indicating this created a nicer relationship, and would recommend the appointment of twelve (12) members. C/M Kravitz concurred with the twelve (12) regular member appointment, to which Mayor Falck said this committee should be re --evaluated after a six (6) month term. Mr. Birken said the title could be modified, with an addition at the end of Section 6, line 6, "shall be effective until 12/10/81, at which time this ordinance shall lapse", plus changing the number of members from ten to twelve regular members, and deleting alternates. C/M Kravitz AMENDED HIS MOTION TO INCLUDE that Temp. Ord. #889 be ADOPTED, as amended, and C/W Massaro CONCURRED. VOTE: ALL VOTED AYE. 31. Additional Members to be,A2pointed to the Recreation Committee - Temp. Reso. 41929. SYNOPSIS OF ACTION: Three additional members RESOLUTION NO.R- �/=Z// PASSED. appointed; Robert Glasser, Lee Kamerling and James Lew. (See page 1) The City Attorney read Temp. Reso. #1929. C/M Kravitz MOVED to APPOINT the following three members on the Recrea- tion Committee; Robert Glasser, Lee Kamerling and James Lew, who were recommended by the Recreation Director. V/M Disraelly SECONDED the MOTION. C/W Massaro confirmed the fact of the expiration term of May 11, 1982. VOTE: ALL VOTED AYE. MIDIET6leL�i 9 28. City .Council C/M Zemel indicated there will be Memorial Services held on Friday, May 29, 1981, at 10:00 A.M., for the dedication of Cypress Creek Commons, which will also be known as Veterans Memorial Park. He also stated there will be a 40 piece marching band of St. Thomas Aquinas School, with par- ticipation of five veteran organizations and free refreshments. An invitation was made by C/M Zemel for all members of the public to attend. C/M Kravitz - No Report C/W Massaro - She discussed the lights at the end of Bermuda Club, which is not the City's responsibility, indicating that Bernie Sims, the President, was made aware that they would have to assume this responsibility. C/W Massaro further stated that the City Manager's office should handle this. V/M Disraelly - Advised that a contract was not received from the County on the lighting or beautification and landscaping for McNab Road, from University Drive to 70th Avenue. He also stated there were approxi- mately 10 lights in the area, which have 4500 lumens; with poor illumina- tion. He would suggest to Mr. Kolachi, that this type of lighting could not remain for a six -lane road, extending eastward, which will be heavily traveled. -10- 5/27/81 mr/ C/W Massaro indicated there was a question of rust being involved in the area east of University Drive, which response was anticipated from the County, by the City Manager. She further added this would have to be resolved, prior to landscaping in the medians, with rust -free water. V/M Disraelly said that the area of Spyglass has top -hat lighting, which gives poor illumination, due to the growth of the trees. He felt the lighting could be changed to sodium vapor, and after a survey was made, Mr. Arlington of FP&L, did state that such lighting could be accomplished He also said that FP&L will leave the old wiring, and install new lines, new lighting, and new poles. It would be the City's responsibility to remove the old poles, after the electrical lines have been cut. The City Attorney said this could be handled in-house if no expenditure is involved, but felt no action was required, to which C/W Massaro indi- cated that a report should be submitted from the Public Works Department. Mayor Falck - Thanked Council for their attendance and participation at the North Area meeting. V/M Disraelly indicated that a plaque and Certificate of Appreciation was given to the political person, who has done the most for the North Advisory Council and North Broward, which was a double congratulations for Mayor Walter W. Falck. 30. City Attorney - No Report MEETING WAS RECESSED, FOR LUNCH, TO 1:30 P.M. MEETING WAS CALLED TO ORDER AT 1:30 P.M., ROLL CALL TAKEN, AND ALL PRESENT. COMMUNITY DEVELOPMENT 16. Duff's Plaza (Commercial Boulevard Lands) - Revised Site Plan - Discus- sion and possible action on a revised site plan for parking layout. SYNOPSIS OF ACTION: Approved with conditions. Tape Tom Schnars of Keith & Schnars, posted the site plan layout, and indi- #4 cated that the parking area has to be restriped and revised, with modi- fications to the existing parking islands, in order to permit -proper parking,.lot spacing. He said that one parking space will be added back on the south side, and Will be paved with asphalt, in order to accommodate the additional ).parking, up to 10 spaces, with the curb coming over one space. At the request of the Vice -Mayor, Mr. Schnars red -lined and initialed the plan. The work, he said, will be done once the approval has been given, and prior to requests for additional C.O.s Mr. Birken inquired as to parking spaces in the loading zone, to which Mr. Schnars responded that it has been rectified, with the striping and parking blocks being eliminated. He also advised that a sign will be painted, in large block letters, "no loading zone". Mr. Schnars indicated that the restaurant dumpster is in the northeast corner, which has gates. He also noted that a fire hydrant was not constructed at the time of the original inspection, at the southwest corner of the property, but will be in place before the C.O.s are issued. V/M Disraelly advised that 6 inch posts are required in front of the dumpster walls., to avoid smashing them, to which Mr. Schnars stated the gates are rough cedar panels, with 2 by 6 foot perimeter bracing,. which he felt was substantial. Mr. Birken indicated that a loss of spaces will require it being shown on a revised site plan, to which Mr. Schnars advised that they are well in excess of parking spaces, after the easements have been granted, and some are removed. C/W Massaro MOVED that the revised site plan for Duff's Plaza, be -11- 5/27/81 mr/ APPROVED, as submitted. V/M Disraelly indicated that opening -.signs are permitted for 30 days after the opening, such as the Plaza. Also, he said, the bank has a sign on the facade, for which no permit was requested, and should not be there. He further noted that the construction ground sign should be removed, since it has'.be.en built, which he would recommend to be included in the motion. C/W Massaro AMENDED HER MOTION, to include that the applicant has agreed that no further C.O.s will be issued until this work has been completed, with the two illegal signs to be removed. V/11 Disraelly SECONDED the MOTION. VOTE: ALL VOTED AYE. 17. United Federal SavinSIs & Loan - Discussion and possible action to permit a temporary road to provide access to McNab Road. SYNOPSIS OF ACTION: Tabled until Council is provided with proper information, for their consideration. Mr. Birken informed Council that on May 21st, 1981, the City Engineer requested V/M Disraelly and he to discuss this matter with a repre- sentative of Craven & Thompson, because work was being performed without permits. He said that as of this morning, no permits were formally applied for, no documentation was submitted, and no easements. V/M Disraelly noted that when the median cut was being installed on McNab Road, and construction going west from United Federal, he ques- tioned Mr. Keating as to a road being put in parallel to McNab Road. Thereafter, the City Engineer made inquiries, and ascertained the fact that the closing of the median was projected by the. County because it - was less than 600 feet from the intersection of University.Drive.He saic in order to go east from..the.median cut, or people who were proceeding 7-est would have to cut across the median, in order to enter the bank. The Vice -Mayor said that Mr. Keating called Craven & Thompson, in order to determine the problems involved, because he was concerned with the easements across the property,west of United Federal. Mr. Keating said construction was taking place without a permit or approved plans, and did not have authority, but put them on notice to cease construction, which was contrary to the City Code. C/W Massaro inquired as to the result of the letters to and from Broward County, indicating they were seeking alternative methods; and, what help was being given to United Federal. Mr. Keating said there were no alternative methods, outside of what is being attempted, and felt the County was trying to assist, by having their contractors authorized to do the work. The closing of the median, he said, was approved by the City, because it was close to an intersec- tion. V/M Disraelly felt that Mr. Kaylaci, the design engineer of the project, could answer questions. Mr. Birken felt that ordinances were not complied with, which involved submitting procedures, prior to approvals. lie further statgd that no documents were submitted to him, and was concerned with the property and the easements involved. Tanzer Kaylaci said that a temporary. driveway was being requested, until the next parcel is platted and developed, and the present construction does not constitute a permanent drive, but will give access at this time. Mayor Falck felt that information should have been submitted, even on a temporary situation, with modifications or changes to be handled in the future. -12- 5/27/81 mr/ Mr. Birken said if there is an easement, and a curb cut, then at some point of time in the future, when the other portion of property is developed, the City may not have any means of control for access to United Federal. C/W Massaro felt that no further work should be done, until the proper procedure is followed, but it should be understood that the City Council does want to help the United Federal Savings and Loan Association. She further stated that they should see the City Engineer, who will call on the City Attorney for necessary information, which could thereafter be heard by the City Council for consideration. She MOVED that the item should be TABLED until the City Council is pro- vided with proper information, for their consideration, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. PUBLIC HEARINGS 9. Boards and Committees - Selection of Officers - Tem Ord. #879 - Dis- cussion and possible action to mandate that officers of Boards and Committees be selected annually by its membership. Second Reading. SYNOPSIS OF ACTION: Approved on 2nd and ORDINANCE NO.O- g/ —a?7`' PASSED. final reading.. The City Attorney read Temp. Ord. #879. Mayor Falck opened the discussion to the public, and closed it because there were no conunents received. V/M Disraelly MOVED to ADOPT Temp. Ord. #879, on second and final reading, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. 10. Parks and Recreation Department - Tem. Ord. #883 - Discussion and possible action to establish this Administrative Department. Second Reading. SYNOPSIS OF ACTION: Adopted on 2nd and ORDINANCE NO.O- �� v1 PASSED. final reading. The City Attorney read Temp. Ord. #883. Mayor Falck opened the discussion to the public, and closed it because there were no comments received. C/W Massaro MOVED to ADOPT Temp. Ord. #883, on second and final reading, and V/M Disraelly SECONDED. VOTE: ALL VOTED AYE. 11. Desecration of Property - Temp. Ord. #884 - Discussion and possible action to provide for parental responsibility for acts of vandalism committed by their children and adoption of F.S.S. 741.24 - recovery of damages. Second Reading. SYNOPSIS OF ACTION: Adopted on 2nd and ORDINANCE NO.O- PASSED. final reading. The City Attorney read Temp. Ord. #884. Mayor Falck opened the discussion to the public. Don Perlman inquired whether this ordinance only pertained to children who reside in the City, or also those who live elsewhere. Mr. Birken said that whatever the State Statute spells out, is auto- matically adopted by the City. Mort Student said that he was in favor of adopting this ordinance. --13- 5/27/81 mr/ W W W V/M Disraelly MOVED to ADOPT Temp. Ord. #884, on second and final reading, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. Mayor Falck indicated that he was in receipt of a request from the Executive Director of the Broward League of Cities, which was read into the record. He suggested that Council go on record as to being in opposition on action presently being proposed by the legislature, pertaining to revenue sharing. 32. Broward League Letter from Kurt Volker, on Revenue Sharin -- Discussion and possible action. SYNOPSIS OF ACTION: AGENDIZED BY CONSENT Mayor Falck.was requested to send telegrams on behalf of the City. V/M Disraelly MOVED to AGENDIZE BY CONSENT the Broward League Letter from Kurt Volker, and C/W Massaro SECONDED. VOTE: ALL VOTED AYE. Mayor Falck MOVED that Mayor Falck be requested to send telegrams on behalf of the City, and V/M Disraelly SECONDED. VOTE: ALL VOTED AYE. REPORTS 29. City Manager Ms. Stuurmans advised that a letter was transmitted to John Gerren, relating to the overpass, and indicating that it was the City's desire for the cut -and --formed wood to be placed in that area of the overpass, between the walk and the rail. Also, that the complete structure is to be caged. In response to a question by C/W Massaro, the City Manager stated that Carlone's Restaurant was contacted by the Code Enforcement Officer relating to the rust on the sidewalks. Ms. Stuurmans said that she was informed that the subcontractor in charge of landscaping, was not paid -off, and were working through him to have the problem corrected, and the rust removed. MEETING WAS ADJOURNED AT 2:30 P.M. MA O ATTEST: ASSISTANT CITY CLERK This public document was promulgated at a cost of $Z 7X 41 , or $ p per copy, to inform the general public and public officers and employees about recent opinions and considerations by the City Council of the City of Tamarac. APPROVED CY CITY COUNCIL N w =win 5/27/81 mr/