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Home My WebLink About1980-06-11 - City Commission Regular Meeting Minutesn • R 1 P. 0. BOX 25010 TAMARAC, FLORIDA 33320 CITY OF TAMARAC, FLORIDA CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, JUNE 11, 1980 CALL TO ORDER: 9:30 A.M. FIRST CLASS MAIL 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 Re ort - Discussion and possible action. 2. Developers' Agreements - Discussion and possible action. BOARDS AND COMMITTEES 3. Recreation Board - Temp. Reso. #1613 - Discussion and possi- ble action to appoint at least five (5) members. 4. Public Information Committee - Temp. Reso. #1693 - Discussion and possible action to appoint three (3) additional members. 5. Board of Adjustment - Announcement of two (2) regular and two (2) alternate terms expiring on July 16, 1980. 6. Consent Agenda - Items listed under Item #6, 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 Agenda and will be considered separately. a) Minutes of 4/30/80 - Reconvened Regular Meeting - Ap- proval recommended by City Clerk. b) Minutes of 5/14/80 -- Regular Meeting -- Approval recom- mended by City Clerk. c) Minutes of 5/28/80 - 7:00 P.M. Session -- Regular Meetin Approval recommended by City Clerk. d) Alan F. Ruf -Consulting Attorney - $600.00 - Approval recommended by City Attorney. e) Williams, Hatfield & Stoner - Consulting Engineer - 5/12/80 - $141.75 - Account 429-371--536-622 -- Approval recommended by City Engineer. ( 6/11--pgs . 2 , 3 ) (6/11-pg.3)In- cluded under Developers name (6/11-pg.4) RESO.80-151 as amended (6/11-pg.4) RESO.80-152 (6/11-pg.4) (6/11-pgs.4,5) a) & b) Appd. as amended. c) - k) Appd. 1) Removed,then appd. 7 PAGE TWO. f) Williams, Hatfield & Stoner - Consulting Engineer - 6/3/80 - $2, 025. 20 -- Account 429--371--535-622 - Approval recommended by City Engineer. g) Williams, Hatfield & Stoner - Consulting Engineer - 6/3/80 - $602.25 - Account 429-371-535-622 - Approval recommended by City Engineer. h) Muller, Mintz, Kornreich, Caldwell and Casey - Special Counsel - 5/29/80 - $171.35 - Approval recommended by City Attorney. i) Mitchell Ceasar - Grants Consultant - $833.33 retainer, plus $41.96 - 4/26/80 expenses and $24.89 - 5/26/80 ex- penses - Approval recommended by City Manager. j) Petition #13-Z-80 - Special Exception - Gasoline Service Station in B-2 zoning district - Recommended to be removed from table. k) Bid Authorization - Parking Lot Lights -- City Owned Facili- ties - Approval recommended by City Manager. 1) Authorization to engage professional services to prepare bid specifications for City Hall telephone system -- Ap- proval recommended by City Manager. (6/11-pg.8) 7. Congregation Migdal David - Presentation by Charles Semp, Vice TBLD.pending President of the Congregation. consideration 8. Area Agency on Acing - Discussion and possible action concern-- (6/11-pgs.5,6 ing the presentation given at the May 28, 1980 Council meeting.Appd.on lst TEMP. ORD.#774 (AGENDIZED BY CONSENT) Rdg. GENERAL ADMINISTRATIVE/FINANCIAL 9. Bid Award - Utilities West - Temp. Reso. #1685 - Discussion and(6/11-pg.3) possible action to award a bid for video tape recording equip- RESO.80-153 ment. as amended 10. Bid Award - Public Works - Temp. Reso. #1686 - Discussion and (6/11-pg.3) possible action to award a bid for an articulate boom with REJECTED mower. 11. Bid Award - Public Works - Temp. Reso. #1687 - Discussion and possible action to award a bid for bulldozer. 12. Bid Award - Public Works - Temp. Reso. #1688 - Discussion and possible action to award a bid for a flail mower. 13. Bid Award - Public Works - Temp. Reso. #1689 - Discussion and possible action to award a bid for a tractor. PUBLIC HEARINGS - 2:00 P.M. 14. Newspaper Collection Franchise - Temp. Ord. #765 -- Discussion and possible action to approve a non-exclusive franchise for collection of newspapers to Durbin Paper Stock Co. and South- east Recycling Corporation. Second Reading. ( 6/11--pg. 2 ) TBLD. IIJ ,; (6/11-pg.13) TBLD. on 2nd Reading 15. Sign Ordinance Amendment -- Temp. Ord. #767 - Amending Ordinance (64j11-pgs.13, 0-80--34 by exemptions for change of tenant on directory signs. Discussion and possible action on Second Reading. ORD.80--67 COMMUNITY DEVELOPMENT 16. Family Mart - Bond Release - Temp. Reso. #1694 - Discussion and (6/11-pgs.11- possible action to release an off -site improvement bond subject 13)TBLD. to to receipt of a one year warranty bond. 6/25 with recomm. by C.Atty. PAGE THREE. 17. Tro ical Gardens Nurser -- Rezonina - Temp. Ord. #762 - Dis- (6/11-pgs.14, cussion and possible action to rezone a portion of this proper-15) TBLD. ty from B-6 to A--1 - by Petition #11-Z-80. 18. Phoenix Company - Rezoning - Temp. Ord. #763 - Petition (6/11-pgs.15- 17)Appd. on #12-Z-80 - Discussion and possible action to rezone the south lst Rdg.as side of McNab Road, 660 feet west of Nob Hill Road. amended. 19. Drainage - Western Area of City - Report, discussion and pos- (6/11-pgs.17, sible action on recommendation of the City Engineer to correct 18)TBLD. to drainage problems in this arch. 6/25 20. Isles of Tamarac - Report by City Manager of discussions with (6/11-pgs.31, the developer and the County concerning road repair and con- 32)a)Appd. struction in this area. b)see pg.Foux 21. Concord Villac)e II - Discussion and possible action on: (6/11-pgs.9-- a) Site Plan Appd. with b) Landscape Plan conditions c) Agreement on Park and Recreation Dedications d) Water and Sewer Developers Agreement 22. Wedgewood - Discussion and possible action to extend the bond (6/11-pg.6)Exten. to posted for corrective work to be done. 7/17 with 23. Cypress of Woodmont III (Tracts 68 and 77) - Discussion and conditions. possible action on: 2(66)11-pgs.25- a) Site Plan--Tbld. to 6/25 b) Landscape Plan Removed c) Water and Sewer Developers Agreement Tbld. to 6/25 d) Plat -- Temp. Reso. #1692 Tbld. to 6/25 24. Woodview Villas - Discussion and possible action on a request (6/11-pgs.1, to waive requirements of Chapter 28 relating to Model/Sales 29,30)Appd. Offices. b) See Four 25. Browning Ferris Industries - Garbage Collection Contract - � (6/11-pg.14) Discussion and action possible to amend this con tract to pro- p Tabled vide for separate collection of newspapers. LEGAL AFFAIRS 26. Gasoline Service Stations -- Temp. Ord. #717 - Provides that (6/11-pg.7) signs be posted advertising prices for gasoline. Discussion Appd. on lst and possible action. First Reading. Rdg.as amend. 27. RM-10 Zoning District - Temp. Ord.#741 - Creating an RM-10 (6/11-pgs.7,8 zoning district and establishing regulations relating to set- Appd-on lst backs, plat size, unit floor area, etc. Discussion and pos- Rdg.as amend. sible action. First Reading. 28. Subdivision Im rovement Amendment - Temp. Ord. #766 - Amends (6/11-pg.2) Code Sections 24-3 and 24-23(a)(2) to provide for the defini- Removed from tion of "swale" and clarifying responsibility of developers Agenda. concerning street lights. Discussion and possible action. First Reading. 29. Pension Plan Amendment - Tem Ord. #769 - Amends the Plan by (6/11-pg.8) reducing the minimum age for eligibility in the Plan. Dis- Appd. on 1st cussion and possible action. First Reading. Rdg. 30. Social SecurityPayments - Temp Ord. # 770 - Provides for pay- . (6/11-pg.18) ment to employees for illness pursuant to State Department of Appd- on lst Administration Rules - Chapter 22C--2. Discussion and possible Rdg- action. First Reading. 31. Parking Lot Illumination - Temp. Ord. #771 - Amends. Ordinance 0-79-32 by requiring compliance for commercial and industrial facilities. Discussion and possible action. First Reading. 32. Code Supplement #5 Adol2tion - Temp. Ord.#772 - Discussion and possible action to adopt the 5th Supplement to the Code of Ordinances. 33. Tamarac Park Facilities Fees - Temp. Reso. #1447 Revised - Discussion and possible action to establish fees for use of Park facilities. 34. Social Security Benefits - Temp. Reso. 41690 - Discussion and possible action to oppose a proposal limiting the cost of living adjustments in Social Security benefits. 35. Florida Turn ike Interchan e In Coral S rin s -- Temp. Reso. #1691 - Discussion and possible action to urge the State authorities to construct an interchange on Sample Road in Cor Springs. REPORTS 36. City Council 37. City Manager 38. 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 PUBLIC HEARINGS/SPECIAL MEETINGS/WORKSHOPS June 10, 1980 - 2:30 P.M. - Workshop Meeting - Community Centel ---------------------------_-----_-------------------------------- 39. Tamarac Lakes 1 and 2 - water and Sewer Developers Agreement 40. Shops of Tamarac - Traffic pattern between the shopping center and the County library - Discussion and possible action. - 24. Woodview Villas -- Tract 38 - Discussion and possible action on: b) Site Plan Revision on entranceway 8. y _ Area Agent,:.,,. on - Temp. Ord. #774. 41. Broward Center for the Blind - Discussion and possible action. 20. Isles of Tamarac - Report by City Manager on discussions with developer and the County concerning: a) Road repair and construction b) Letter of Credit PAGE FOUR. (6/11-pg.18) Appd. on lst Rdg. (6/11-pgs.18 19)Appd. on lst Rdg. (6/11-pgs.20 25)Verb. RES 80-154, as amended. (6/11-pg.32) RESO.80-155 (6/11-p.g.32) RESO.80-156 as amended .(6/11-pgs.33 35) /11,Pg.1,Agen. y Cons.,Pg.33 r� 11,Pg.40, en.by Cons., .32.Appvd. 6/11,Pg.1,Agen. by Cons. ,Pgs.25 & 30,Appvd.witf Conditions. 6/11,Pg.5,Agen. by Cons.,Appvd. on First Readir /11,Pg.6,Agen. y Cons.,Mayor o send letter dvising of estrictive rd. against his type contx /11,Pg.31,Ager y Cons.a) Med- ian to be curbe b) L/C releasec CITY OF TAMARAC, FLORIDA REGULAR CITY COUNCIL P'lEETING JUNE 11, 1980 CALL TO ORDER: Mayor Falck called the meeting to order on Wednesday, June 11, 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 Councilman Irving Zemel Councilwoman Marjorie Kelch 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 various items scheduled, and the time allotments on the agenda. Mayor Falck requested to agendize by consent, the item of Tamarac Lakes 1 and 2, where their kitchen involves the approval of the developers agree- ment, in order to effect completion of their sewer connection. 39. Tamarac Lakes 1 and 2 - Water and Sewer Developers Agreement SYNOPSIS OF ACTION: AGENDIZED BY CONSENT ( See page 33) V/M Massaro MOVED to AGENDIZE BY CONSENT Tamarac Lakes 1 and 2, and C/M Disraelly SECONDED. VOTE: ALL VOTED AYE. 40. Shops of Tamarac - Traffic pattern between the shopping center and the County library - Discussion and possible action. SYNOPSIS OF ACTION: AGENDIZED BY CONSENT ( See page 32) C/M Disraelly MOVED to AGENDIZE BY CONSENT the item of the Shops of Tamarac, based on the information from the City Clerk, and C/M Zemel SECONDED. G/W Kelch said that she was not prepared with the necessary paperwork for this item, because it was understood this would not be agendized. V/M Massaro indicated this was an extreme emergency, and requested it be considered later in the day, to enable C/W Kelch to familiarize her- self with this item. VOTE: ALL VOTED AYE. V/M Massaro requested that the Woodview Villas - Tract 38 Site Plan revision be agendized by consent`,. and incorporated into Item #24. 24. Woodview Villas - Tract 38 - Discussion and possible action on: b) Site Plan Revision on entranceway. SYNOPSIS OF ACTION: AGENDIZED BY CONSENT See pages an-d 30T V/M Massaro MOVED to AGENDIZE BY CONSENT, Item #24 b), the Site Plan Revision on Woodview Villas - Tract 38, for the entranceway, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. 0.0 6/11/80 mr/ L GENERAL ADMINISTRATIVE/FINANCIAL 11. Bid Award - Public Works - Temp. Reso. #1687 - Discussion and possible action to award a bid for bulldozer. - AND - 12. Bid Award - Public Works -- Tem Reso. #1688 - Discussion and possible action to award a bid for a flail mower. - AND - 13. Bid Award - Public Works - Temp. Reso. #1689 - Discussion and possible action to award a bid for a tractor. SYNOPSIS OF ACTION: Tabled C/W Kelch indicated that a memo was received from the City Manager, with a request to table Items 11, 12 and 13, and so MOVED, with a SECOND by V/M Massaro. VOTE: ALL VOTED AYE. LEGAL AFFAIRS 28. Subdivision Im rovement Amendment - Tem Ord. #766 - Amends Code Sec- tions 24-3 and 24-23(a) (2) to provide for the definition of "swale" and clarifying responsibility of developers concerning street lights. Discussion and possible action. First Reading. SYNOPSIS OF ACTION: Removed from Agenda C/M Disraelly said a memorandum was received from the City Clerk, as to Item #28 being added to the agenda, in error, and would MOVE to remove it from the agenda. V/M Massaro SECONDED the motion. VOTE: ALL VOTED AYE. TAMARAC UTILITIES - WEST 1. Operations - Status Report - Discussion and possible action. SYNOPSIS OF ACTION: Report by City Engineer Mr. Keating advised that the plants have been operating very well for the past month, without problems of solids being carried over into the lake, which causes a contaminate odor problem. He also noted that the Consultant Engineer has been attempting to obtain prices from various contractors, for the installation of isolation valves in the plant. This, he said, would enable dewatering of the plant, for analyzing the cleaning and repairs which might be necessary within the plant. He said that efforts are continuing with the infiltration program, for the reduction of extra flows which are coming into the system. In ad- dition to sealing the mains, he said, an investigation was being made to reduce the water coming in from the manhole covers, when various sections of roadways are flooded. This, he said, was a very serious problem. Mr. Keating said work has been progressing on the pump stations, with use of the new crane that Council approved recently, and has improved the production of service for the submersible lift stations. Basically, Mr. Keating advised, the manpower shortage was still a problem, with an attempt to employ new people for the Utilities Staff;also, salary adjustments have been made through the City Manager's office, in order to be competitive or higher than other utilities in Broward County. Mr. Keating further added that dewatering of the plant does take three days, and was optimistic that it could be handled in July. Mayor Falek said that he received two complaints this week, as related to odors, and felt this was being controlled. -2- 6/11/80 mr/ Mr. Keating informed Council that he has been checking the area every morning, and has not found any serious problems with odors, but did indicate that previously, the lake odors were caused when solids were being discharged. They floated on the surface, he said, and when the water level varied, the solids were deposited on the banks. He addi- tionally stated that it was no longer a problem, but might be due to the siltation which takes place at the bottom of the lake, over a period of years. He felt the Consulting Engineer should be addressing that problem, because the plant has been operating as it was designed, with odors being kept to a minimum. GENERAL ADMINISTRATIVE/FINANCIAL 9. Bid Award - Utilities West- Temp. Reso. #1685 - Discussion and possible action to award a bid for video tape recording equipment. SYNOPSIS OF ACTION: Adopted, as amended RESOLUTION NO.R- Q:'� PASSED. The City Attorney read Temp. Reso. #1685. C/M Disraelly referred to a memorandum of 5/28/80, from Mr. Keating, which indicated there were no other firms in this business, but the: items were compatible with the present equipment. The City Engineer said that previous discussions on this item related to the high cost for this equipment, and, in turn, he contacted several video equipment firms, to determine alternatives that would be available to the City. He said that Florida Video Corp. supplies tape recorder equipment and microphones, in the same make and models which were sub- mitted on the bid from Cues Corp. Mr. Keating said they were on a State contract for half the price that Cues was submitting. Mr. Keating indicated that he contacted Cues Corp., and they agreed to drop Item #2 on the bid package; the video cassette recorder, with micro- phone adapter; also, the 60 minute cassette and 13 inch monitor. it was his suggestion to purchase Items #1 and #3 from Cues Corp., for the Data View and Installation of the Mini -Trailer, which was determined to be proprietary equipment, and was custom made for Cues Corp. He added that Item #2 is roughly $1,600.00, instead of $3,250.00. Mr. Gross indicated that Cues Corp. would submit a letter to the City, which would state that the bid for Item #2 could be dropped, and would permit purchase on the outside. Additionally, he said, a request was being made for the approval of the bid for Items #1 and #3; also, re- jecting Item #2. The City, he said, would be protected with the letter. C/M Disraelly felt that a letter was not required, but an item could be rejected. Mr. Birken read Section 25 of the specifications, as to rejection of any or all parts of bids, and determined that the City could reject one part, and accept another portion. He further indicated that the following verbiage should be included in Section 1 of the resolution; "That the bid of Cues, Inc. for the Data View and Installation of the Mini Trailer, in the amount of $2,950.00,is hereby accepted and the bid for the Video Cassette Recorder with Microphone is rejected". C/M Disraelly so MOVED, as related to Temp. Reso. #1685, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. 10. Bid Award - Public Works - Temp. Reso. #1686 - Discussion and possible action to award a bid for an articulate boom with mower. SYNOPSIS OF ACTION: Rejected The City Attorney read Temp. Reso. #1686, and V/M Massaro MOVED to reject this bid, on the recommendation of the City Manager, with a SECOND by C/W Kelch. VOTE: ALL VOTED AYE. C/M Disraelly said that Item#2 - Developers Agreement, will be included under the developer's name, and felt it should be deleted in the present format on the agenda, to which the City Attorney concurred. 6/11/80 -3- mr/ BOARDS AND COMMITTEES 3. Recreation Board - Temp. Reso. #1613 -- Discussion and possible action To appoint at least five (5) members. SYNOPSIS OF ACTION: Adopted, as amended; 7 RESOLUTION NO.R- & -Z,4�1 PASSED. members appointed. The City Attorney read Temp. Reso. #1613. C/M Zemel nominated the following people; Irving Vitrofsky, Muriel Davis, Dr. Monroe Berg, Robert Glasser, Al Zern, and George Morantz. V/M Massaro said she was informed that Mr. Morantz does not attend the meetings, and does not participate in activities for this Board, to which C/M Zemel indicated the withdrawal of the name of George Morantz. C/M Disraelly nominated Sonny Gentile, to which the Vice -Mayor stated that Mr. Gentile was found to be inactive, and not involved, but said a working Board was necessary. Robert Glasser recommended consideration of Lee Sprince, who was always active, attended every meeting, and submitted valued suggestions. C/W Kelch placed the name of Lee Sprince in nomination. C/M Zemel MOVED to place seven (7) members on the Board, amending the resolution, to include the verbiage of "members", without a limited number, for Temp. Reso. #1613. V/M Massaro SECONDED the motion. VOTE: ALL VOTED AYE. 4. Public Information Committee - Temp. Reso. #1693 - Discussion and possible action to appoint three (3) additional members. SYNOPSIS OF ACTION: Approved, with 2 members. RESOLUTION NO.R- g'0-/501 PASSED. The City Attorney read Temp. Reso. #1693. C/W Kelch requested that the number of three (3) be eliminated from the title, and nominated Dr. Murray Greenberg and Lee Rappaport. She said their resumes were submitted to Council, and have special expertise in the operation of this Committee. She so MOVED, and C/M Disraelly SECONDED, as related to Temp. Reso. #1693. VOTE: ALL VOTED AYE. 5. Board of Adjustment - Announcement of two (2) regular and two (2) alternate terms expiring on July 16, 1980. SYNOPSIS OF ACTION: Mayor Falck announced that these appointments would be made at the July 9, 1980 meeting. Mayor Falck advised of the expiration of terms, and said this was an invitation for people to apply, which would be announced at the first meeting in July. 6. Consent Agenda a) Minutes of 4/30/80 - Reconvened Regular Meeting - Approval recom- mended by City Clerk. b) Minutes of 5/14/80 - Regular Meeting - Approval recommended by City Clerk. c) Minutes of 5/28/80 - 7:00 P.M. Session - Regular Meeting - Approval recommended by City Clerk. d) Alan F. Ruf - Consulting Attorney - $600.00 - Approval recommended by City Attorney. e) Williams, Hatfield & Stoner - Consulting Engineer - 5/12/80 - $141.75 - Account #429-371-536-622 - Approval recommended by City Engineer. f) Williams, Hatfield & Stoner - Consulting Engineer - 6/3/80 - $2,025.20 -- Account #429--371-535-622 -- Approval recommended by City Engineer. -4-- 6/11/80 mr/ g) Williams, Hatfield & Stoner - Consulting Engineer - 6/3/80 - $602.25 - Account #429-371-535-622 - Approval recommended by City Engineer. h) Muller, Mintz, Kornreich, Caldwell and Casey - Special Counsel - 5/29/80 - $171.35 - Approval recommended by City Attorney. i) Mitchell Ceasar - Grants Consultant - $833.33 retainer, plus $41.96 - 4/26/80 expenses and $24.89 - 5/26/80 expenses - Approval recom- mended by City Manager. j) Petition #13-Z-80 - Special Exception - Gasoline Service Station in B-2 zoning district - Recommended to be removed from table. k) Bid Authorization - Parking Lot Lights - City Owned Facilities - Approval recommended by City Manager. 1) Authorization to engage professional services to prepare bid speci- fications for City Hall,telephone system - Approval recommended by City Manager. SYNOPSIS OF ACTION: a)&b) Approved, as amended, c) through k) Approved, 1) Removed for separate discussion, and then Approved. C/M Disraelly MOVED for Approval of Items a) and b), as amended, with Items c), d), e), f), g), h), i), j) and k) being Approved, and Item 1) to be removed for separate discussion, and V/M Massaro SECONDED. VOTE: ALL VOTED AYE. C/M Disraelly informed the City Manager that when bids go out, the proposals with Purchasing Department requirements,from pages 1 through 4, are not required for submission to the City Council. Unless specific changes are made, he said, it would not be necessary to copy. He felt this should be relayed to the City Clerk, 1) C/M Disraelly discussed the professional services for the City Hall telephone system, and presumed that the City Manager would go in several directions, in order to upgrade the PBX service. Mr. Gross indicated that it was the suggestion of the City Attorney, that going out for bid would require the hiring of a Consultant. He added that due to the size of the City, a survey will not be made by any company, unless they are contracted. If, he said, the person to be hired is not with the Bell System, then it should involve an in- dividual who is not associated with a particular company; which will be difficult to obtain. The City Manager further stated that many private firms manufacture telephone equipment. Tape Mr. Gross advised that the City Charter requires presentation to Side Council, for their approval, and he cannot hire the individual. #2 C/W Kelch MOVED to authorize the City Manager to engage in preliminary discussions with professional firms, in regard to a new telephone system within the City Hall. C/M Disraelly SECONDED. VOTE: ALL VOTED AYE. 8. Area Agency on Aging - Discussion and possible action concerning the presentation given at the May 28, 1980 Council meeting.Temp. Ord. #774. SYNOPSIS OF ACTION: Approved on 1st Reading. Temp. Ord. #774 - AGENDIZED BY CONSENT V/M Massaro said that it was her understanding, if Council approved the contribution, the City Attorney would prepare an ordinance, to which Mr. Birken stated that he prepared the ordinance, which could be reviewed, without action at this time. V/M Massaro further added that Council was favorably considering a $3,000.00 contribution, which was discussed at the Pre -Agenda Workshop. Mr. Gross felt that authorization of Council should be made by resolution, and would eliminate the drafting of a new ordinance for each year. V/M Massaro said that she contacted Broward County, because it was recog- nized that the Agency was a private organization; and indicated that a copy was sent to her, which could be included in the ordinance. =2 6/11/80 mr/ Mayor Falck suggested that the title be read, because it would require second reading, prior to adoption, with necessary additions or deletions. Mr., Birken indicated that the ordinance should be agendized by consent. C/W Kelch MOVED that Temp. Ord. 774 be AGENDIZED BY CONSENT for the determination of a contribution to the Area Agency on Aging, for a public purpose, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. The City Attorney read Temp. Ord. #774 in its entirety. Dr. Maurice Abbey, a former Chairman of the Board of Social Services, praised the Agency for its work, and noted that it has been in existence for the past seven years. C/W Kelch MOVED that Temp. Ordinance #774, concerning the contribution to the Broward County Area Agency on Aging, as read, be approved on first reading, and C/M Zemel SECONDED. VOTE: C/W Kelch -- Aye C/M Zemel - Aye C/M Disraelly - Absent from dais V/M Massaro - Aye Mayor Falck - Aye Mayor Falck discussed an item which was previously heard for the blind, and felt that a letter should be sent to this agency. 41. Broward Center for the Blind - Discussion and possible action. SYNOPSIS OF ACTION: AGENDIZED BY CONSENT Mayor Falck authorized to send a letter indicating restrictive ordinance by the City against this type of contribution. C/M Disraelly MOVED to AGENDIZE BY CONSENT discussion and possible action on a request for a donation from the Broward Center for the Blind, and V/M Massaro SECONDED. VOTE: ALL VOTED AYE. V/M Massaro said this presentation was made, and Council was sympathetic, but felt the City could not extend themselves. She MOVED that an ap- propriate letter be sent by the Mayor, to the Broward Center for the Blind, indicating there is a restriction by ordinance, as to such con- tribution. C/M Disraelly SECONDED. VOTE: ALL VOTED AYE. COMMUNITY DEVELOPMENT 22. Wedgewood - Discussion and possible action to extend the bond posted for corrective work to be done. SYNOPSIS OF ACTION: Extension granted to 7/17/80, subject to execution by Mr. Hahn of the required documents. V/M Massaro said that the $10,000.00 cash bond was posted by Mr. Hahn, but the work has not been completed, but did anticipate that all the driveways would have been repaved at this time, by the contractor. But, she said, that five driveways have been completed, and would re- quest an extension of the bond to July 17, 1980. She so MOVED that the request for an extension to 7/17/80, be approved, subject to execu- tion by Gene Hahn of the new documents required for such extension. C/M Disraelly SECONDED. VOTE: C/W Kelch - C/M Zemel - C/M Disraelly - V/M Massaro - Mayor Falck - Absent from dais Aye Aye Aye Aye 6/11/80 mr/ LEGAL AFFAIRS 26. Gasoline Service Stations -- Temp. Ord. #717 - Provides that signs be posted advertising prices for gasoline. Discussion and possible action. First Reading. SYNOPSIS OF ACTION: Approved on 1st Reading, as amended. The City Attorney read Temp. Ord. #717, and indicated this ordinance was suggested by C/M Disraelly previously, and it was his recommendation to await the decision of a massive legal challenge which was pending in Hollywood. Mr. Birken said there was a technicality involved, and the City of Hollywood's case was back in Court, and not yet resolved. But, the City Attorney said this ordinance, which is being proposed, is reasonable, and in the best interest of the health, safety and wel- fare of the residents and the City. He suggested, that prior to second reading, that a survey be made by the City Planner, showing the prices of all the service stations in the City. Mr. Birken said the ordinance does indicate a disparity of prices, and the legislative history of the ordinance should indicate this. It will also be noted that the purpose of the ordinance was to give the public notice of the prices at the various stations. Mr. Gross said there was a price variance, because oil is purchased from various companies, by the gas stations, and would have this survey prepared. C/M Disraelly recommended that line 33 1/2 should be corrected from four feet in area, to six (6) feet, based on discussions with Bern Gordon, and the provided sketch, for signs to be posted on the island. He further suggested that on page 2, Section #4, line 15, should read, "no sign permit is required". C/M Disraelly then MOVED that Temp. Ord. #717 be adopted on first reading, and V/M Massaro SECONDED. Mort Student indicated his pleasure of having prices posted on the gas stations. In response to a question by Hyman Fox, it was stated by C/M Disraelly that the size would be not less than six (6) square feet, nor more than sixteen (16) square feet, with the letters being not less than five (5) inches. C/M Disraelly recommended that line 34 1/2 should have the verbiage "and price" deleted, because it is covered in another section, and so AMENDED HIS MOTION, with the concurrence of the Vice -Mayor. VOTE: ALL VOTED AYE. . RM-1Dis trict diand - Tem . Ord. #741 - Creating an RM-10 zoning 10 ZZoning _ t establishing regulations relating to setbacks, plat size, unit floor area, etc. Discussion and possible action. First Reading. SYNOPSIS OF ACTION: Approved on 1st Reading, as amended. The City Attorney read Temp. Ord. #741, and felt this ordinance would assist the City with its Land Use Plan, because the plan designates up to 10 units per acre, and there is no zoning category for such de- velopment. He indicated that R-4A setbacks and regulations were re- duced in density for a particular zoning district. He further stated if the ordinance is enacted, the language could be cleaned up relating to regulations on the books, in accordance with the language of the ordi- nance. C/W Kelch indicated her preferences; 1)would like to see the reference to rooming houses, on line 25, page 1, omitted, as suggested by the Planning Commission, and memos from the individuals involved; 2)she suggested that if distributor transformer stations are included, that specific beautification be required for such installation; 3) she also -7-- 6/11/80 mr/ indicated she questioned the minimum allowable for the smallest apart- ment, and felt it should be left at 400 feet, and considered with each site plan, as submitted. She further indicated being in favor of low- cost housing in the community. V/M Massaro MOVED that Temp. Ord. #741 be approved, as amended, on first reading, with the deletion of para. (c), Sec. 28 - Permitted Uses, and the paragraphs be re --lettered in consecutive order; also, that a statement concerning beautification for transformers, be included for second reading. C/W Kelch SECONDED. C/M Disraelly referenced a correction to page 6, line 6, by deleting a "comma", after the word undeveloped, under para. f) of Open Space, to which V/M Massaro said would be included in her motion, and C/W Kelch concurred, as the SECOND. ' C/M Disraelly discussed the 400 square feet, and felt it should be deleted, but was determined to be further discussed on second reading. VOTE: ALL VOTED AYE. 29. Pension Plan Amendment - Temp. Ord. #769 - Amends the Plan by reducing the minimum age for eligibility in the Plan. Discussion and possible action. First Reading. SYNOPSIS OF ACTION: Approved on 1st Reading The City Attorney read Temp. Ord. #769. Mayor Falck advised that this item was being considered because the Fire Department firefighters were interested in the benefits. He felt that it would assist in obtaining additional employees, and would recommend such approval. Mr. Birken said that a statement of Actuarial Impact was received from the Actuaries, which will be distributed to Council for second reading. C/M Disraelly MOVED for the adoption of Temp. Ord. #769, on first reading, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. 7. Congregation Mig al David - Presentation by Charles Semp, Vice -President of the Congregation. SYNOPSIS OF ACTION: Tabled pending further consideration. Herman Fleischer, President of the Congregation, said they have a Charter, and have been in existence for the past three years, with meetings being held in various homes, for Sabbath services, due to innavailable facilities. He added that Tamarac does not have an Orthodox Synagogue, but a Deformed and Conservative congregation. It was determined, he. .said, that many people would prefer to pray in an Orthodox type of congregation, which adheres to traditional ser- vices. He enumerated the various services which are performed for the anniversary of an individual's death, and the high holy days of Tape worship, and the traditional services involved. He felt that an Side adequate facility would furnish the needs of the people, and the #3 community. Mr. Fleischer said they were seeking a parcel of land, approximately one acre of land, and would not require parking spaces, because on the Sabbath, driving is not permitted, under the Orthodox faith. He additionally stated that donation of land, lease, or purchase, would be considered by them, with the betterment of the community in mind. He indicated that a piece of land at 100th Avenue and South- gate Boulevard, which is owned by Mr. Feinberg, has one (1) acre still available, but is asking $100,000.00 for this. A request was made by Mr. Fleischer to be informed of the developers coming into the area, who they could contact, for purposes of leasing or selling land. He felt their congregation could serve the Isles of Tamarac, Section 21, 23, 24, Woodmont and Spring Lake, plus other areas that are being developed. -8- 6/11/80 mr/ V/M Massaro felt that Council should take this under consideration, and MOVED that this item be tabled pending further consideration, and C/M Zemel SECONDED. V/M Massaro advised Mr. Fleischer that names of the developers can be obtained from the Building Department. VOTE: ALL VOTED AYE. COMMUNITY DEVELOPMENT 21. Concord Village II - Discussion and possible action on: a) Site Plan 10 b) Landscape Plan c) Agreement on Park and Recreation Dedications d) Water and Sewer Developers Agreement SYNOPSIS OF ACTION: a) Approved, with conditions; b) Approved; c) Approved and d) Approved for 296 ERC's. Mr. Birken indicated that a Water and Sewer Developers Agreement was signed by Lon Rubin, but there were blanks which should be completed. He also stated that Exhibit "B" has to be signed and sealed by a Florida Registered Engineer, which involves the number of ERC's. Mr. Rubin said that 296 ERC's are involved, with 291 living units. C/M Disraelly said the Developers Agreement should be signed, and indicated that on page 3, line 5, the number of units should be noted for water and sewer; also, paragraph 1). He also stated that on page 3, line 1, the figure of $266,400.00 should be inserted, as noted by Victor DeSousa, and based on $900.00 per unit. V/M Massaro said this does not come under the Marmon agreement, and the entire $900.00 comes to the City. She did not object to making It subject to the seal of the Engineer, and returned to the City Attorney at a specific time. Mr. Birken advised that Exhibit "D" goes with the Water and Sewer Developers Agreement, and stated that he has not seen Exhibit "E", but was aware that it existed. Mr. Rubin said that Exhibit "E" was a further delineation or clarifica- tion of the last paragraph. in Exhibit "D", which relates to the contri- bution agreement requirement for -modification to pump -station 18.E Mr. Birken further stated that documents were submitted with Exhibits "A", "B", "C", "D" and "E", but he advised Mr. Rubin's office that he has not seen Exhibit "E", and would not have the opportunity to review it. But, he said, it could be distributed to Council. Mr. Rubin further clarified that Exhibit "E" was a determination, as approved by the City Engineer, of the varying undeveloped tract which is served by pump station 18, and indicates percentages based on gal- lons and zoning. It also, he said, spells out reimbursement by the developer of parcel L, of 3.6% of the amount which has been paid out. He further stated that it is not indispensable, but would help him, and avoid further involvement of the City, as to pro-rata percentages, within the five-year time frame of the ordinance. V/M Massaro briefly clarified that Exhibit "E" involved a proportional share that other developers have to pay, if, and when they develop within five years. Mr. Birken said that Council, Staff and he,have not had the opportunity to review the material, and felt it would not be prudent to approve a list of projects, if it was doubtful whether the City Engineer has reviewed this. He also felt it was not an indispensable part of the agreement. V/M Massaro said.the City Engineer should develop'a list of the unde- veloped property that this particular lift station would be servicing, -9-- 6/11/80 mr/ with percentages noted for its use, plus a proportionate percentage indicated for HLR,,Inc.; and completely totaling 100%. This develop- ment would be within a five-year period, he said. Mr. Rubin requested that Exhibit "E", which is not part of the agree- ment, and has not been furnished to Council, be withdrawn at this time. C/M Disraelly said that based on up -grading or down -grading, that the City Engineer's calculations related to the present Land Use Plan. He felt that agreements which involved a proportionate share of any station that requires improvement, would indicate percentages based on the present expected Land Use Plan, regardless of whether the ac- tual development is less than the original computation. a) Site Plan - C/M Disraelly inquired about a wall, to which Mr. Bryan noted that the wall was proposed in a few locations, as entry fea- tures; one on 88th Avenue and 61st Street; also, on 84th Terrace and 64th Street. He further stated that Broward County requested additional triangular corners, at the intersections, but said that wall is reflected on the landscaped plan; to be presented with the sign permit. He further explained that the sign is a structure on eight (8) inch concrete block, which will house the signage, Concord Village II, along with a cluster of landscaping. He said this will be less than six (6) feet in height, because of line -of - sight on major roadways. C/M Disraelly said that identification has to be made for the walls on the site plan, or it would require a revised site plan, but felt it could be red -marked on the plan. Mr. Bryan said the wall will be placed at the extremity, in order to not encroach on the easement,, to which the Vice --Mayor stated that it is to be noted that the walls are in approximate locations, and subject to approval of the City Planner and the City Engineer. Tape Mr. Cross indicated that the Fire Chief did not have any adverse Side comments. #4 Mr. Bryan advised that dumpsters were in the center core area of each building, with separate side doors. He further stated a note has been added to the plan, "entry wall location, subject to ap— proval of City Engineer and City Planner", with initialing by Lon Rubin. V/M Massaro said red -marking is a temporary procedure, and a new site plan would have to be submitted, with the changes. She added that 61st Street. -.-required a leveling course, and a surface course of one (1) inch type "S-l" asphalt. Also, an adjustment would be necessary, she said, because the manhole and valve covers were sub- standard, plus other facilities were lying in the pavement. Mr. Bryan said that sections will be cut out, compact and get ap- proval of the rock, and then resurface the entire road, which has been so indicated on note #6; of repaving and core borings to be submitted to the City. V/M Massaro MOVED that the site plan be approved, subject to; 1) Notation regarding entry walls, as to location, which details will be subject to the City Engineer and City Planner approval. 2) Developer is required to correct the areas that have to be cut out on 61st Street, and subject to proper compaction, with a leveling course being put on, and a surface course of one (1) inch type S-1 asphalt. She also stated that there may be adjust- ments to manhole and valve covers, or any other facilities lying in the pavement, which will be subject to the City Engineer's judgment as to what has to be done. The profile is to conform to the City's standards for roads. 3) A mylar must be submitted, with the corrections indicated. 4) Developer review requirements appear to have been met. C/W Kelch SECONDED the motion. VOTE; ALL VOTED AYE. -10- 6/11/80 mr/ b) Landscape Plan -- C/M Disraelly said that a provision has to be made pertaining to the wall, to which Mr. Bryan said that permit approval would be as required by the City Engineer and the City Planner. Mr. Bryan also responded that the plan was not presented to the Beautification Committee, but was brought to the Planning Commission. V/M Massaro further indicated that when the road is raised another inch, the slabs are required to be 18 inches above the crown of the road, and would need the new dimension for height. Mr. Rubin said the manholes were in the area of the crown, and felt that the City Engineer would prove that they did not require raising, and would not involve a problem. C/M Disraelly MOVED for the adoption of the Landscape Plan, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. c) Agreement on Park and Recreation Dedications - V/M Massaro noted That an agreement was prepared by Mr. Birken, and approved by Mr. Rubin. She said they were 1/2 acre short,.but would pay this when the first permit is pulled, which property was platted pre- viously. They have agreed, she said, to pay $37,500.00 with the application for the first permit. Mr. Cross advised that the National Fire Prevention Association required the South Florida Building Code, for particular locations, to adopt NFPA standards for smoke detector units. V/M Massaro MOVED that the agreement referring to the recreation fees, be approved, as submitted, and C/M Disraelly SECONDED. VOTE: ALL VOTED AYE. d) Water and Sewer Developers A reement - V/M Massaro indicated that The applicant has paid the required $500.00 fee for the off -site utility review; also, submitting a check in the amount of $3,108.00 for one -months interest, which involved 296 units at $10.50 per unit. She further added that retention was not provided on the site plan, but have submitted a check in the amount'of $35,000.00, in lieu of the required one acre. She also noted that,.the developer has 20 acres, and their cost is 5%. . The Vice -Mayor also stated that a check was submitted in the amount of $2,600.00, for up -grading of the drainage system, under Ordinance #80-26, for 20 acres at $130.00 per acre. She then MOVED that the Developers Agreement be approved for 296 ERC's, as submitted, and C/M Disraelly SECONDED. VOTE: ALL VOTED AYE. Mr. Bryan inquired about the acceptance of the $35,000.00 in lieu of on -site retention, to which Mr. Birken responded that he has a form for this, which could be obtained, and will be considered at the next regular meeting. MEETING WAS RECESSED FOR LUNCH TO 1:30 P.M. MEETING CALLED TO ORDER, ROLL CALL TAKEN, AND ALL PRESENT. COMMUNITY DEVELOPMENT 16. Family Mart - Bond Release - Temp. Reso. #1694 - Discussion and possible action to release an off -site improvement bond subject to receipt of a one-year warranty bond. W11- 6/11/80 mr/ SYNOPSIS OF ACTION: Tabled to 6/25/80 meeting, with recommendations by the City Attorney. Receipt of as-builts, certification of actual costs, plus warranty and performance bond to be submitted prior to release of the bond. V/M Massaro said that the as -built drawings were not furnished, also, there was a problem as related to the certification made by the builder on the actual costa She indicated that the bond could not be released without the drawings, and MOVED that the request be denied for release, but with proper notice, by the next regular meeting, the necessary documentation will be furnished. Bill Pichon, of South Laurel Builders, the General Contractor for the Family Mart project, requested a revision to the agenda, which would statE that the bond release is for South Laurel Builders and not Family Mart. He further indicated that certification by a registered engineer, was submitted to Mr. Keating, and arrived late, due to a faulty address. He also indicated that he was just made aware of as -built drawings, but a message was given to him from the Secretary of the Engineering Department, which states that Mr. Lawson of Craven & Thompson called, and will deliver five sets of as. -built drawings Thursday morning. Mr. Birken said he was sympathetic with Mr. Pichon, and indicated that his file revealed deficient certified costs, which note was submitted by the City Engineer. He further stated that the question of the as - built drawings is a recent factor, He has advised Mr. Pichon that new certification is required, based on total project cost, and not just off -site cost. Joel Kopelman, Attorney, with the law firm of Abrams, Anton & Co., in Hollywood, requested release of the bond, conditioned upon the delivery of the as -built drawings. V/M Massaro said there is a requirement for a revised site plan, which has not yet been received, plus review of the certification, in order to determine the actual figures. She also noted that the as -built drawings have to be checked,when they are submitted, in order to confirm its correctness. She further stated that the warranty and performance bond has to be placed; with determination by the Chief Building offi- cial as to whether the on -site work has been properly performed. The Vice -Mayor also advised that there were numerous violations in the rear of the building. Mr. Pichon responded that South Laurel Builders completed the job in July, and the additional work on the project, as to on -site work, was accomplished by the owner of the property and/or the tenants. V/M Massaro felt that the other items, such as the as -built drawings and the certification being checked by the City Engineer, could be re- leased pending acceptance of the one-year warranty and performance bond. She would not object to release of the bond, subject to the one-year bond and verification of the certification and the as -built drawings, when received. C/M Disraelly said that he called attention to the Chief Building Offi- cial,as to the present large dumpster enclosure, which is in violation. He additionally stated that the ordinance requires solid gates, and specifically prohibits chain -link gates with slats. Mr. Pichon advised that the Chief Building Official approved this at the time, and it was felt that everything was in compliance. He added that all his obligations were filled to the owner and the City, and did not understand why off -site improvements were mixed with on -site improvements. C/M Disraelly said this large gate was at the southern entry, coming in off McNab Road, to which Mr. Pichon felt that citing of this viola- tion should be to the current owner of the shopping center. Mr. Birken felt that compliance to City regulations was a definite re- quirement, and Council could impose this as a condition to the release of the bond. -12- 6/11/80 mr/ V/M Massaro concurred with the City Attorney, and felt it was the res- ponsibility of the City Council for actions taken by the Building De- partment, and enforcement therein. She felt that South Laurel Builders would be held responsible for the construction of the original dumpster, and a commitment would be necessary, if the Council was to release the original bond. Mr. Pichon noted a letter dated 8/31/78, from the City, which confirms the public improvement bond of $58,800.00 is designed to cover the con- struction of all improvements on the public right-of-way, or off -site easements, which will include all driveway entrances, median crossings, right -turn deceleration lane, also, sodding and storm drainage that lie in these areas. This letter, he said, was signed by William Morris, Jr., P.E., City Engineer. He felt this was an off -site improvement bond, and this matter should stand on its own. V/M Massaro MOVED and RECOMMENDED that this bond not be released, until everything is received by the City, and reviewed, and be brought before Council at the next regular meeting; also, she said the City Attorney can make a determination on the handling of the other item. The two items involve the as -built drawings, and the certification of the project. Additionally, she said the one-year warranty and performance bond has to be posted. C/M Disraelly SECONDED the motion. VOTE: ALL VOTED AYE. PUBLIC HEARINGS 14. Newspaper Collection Franchise - Temp. Ord. #765 - Discussion and possible action to approve a non-exclusive franchise for collection of newspapers to Durbin Paper Stock Co. and Southeast Recycling Corpora- tion. Second Reading. SYNOPSIS OF ACTION: Tabled on 2nd Reading, for submission of proper dates. Tape The City Attorney read Temp. Ord. #765. Side #5 Mayor Falck opened the discussion to the public. Melanie Reynolds inquired as to the method of informing the people of the newspaper pickup dates, to which C/M Disraelly indicated that the ordinance provides that the date and time will be furnished through newspaper advertisement, the Associations, and the Presidents Council. C/M Disraelly said that due to a problem of determining a date with the Durbin Company, which was originally established for Wednesdays, it will be delayed until further clarification has been made. This was due to a hauler being in Deerfield on Wednesdays, and involves prac- tically a complete day, which might possibly involve a change in the date. He requested that the time element be held for clarification; also, that the Browning Ferris agreement has been agreed to, but the signed copy has not been received. In response to Ms. Reynolds, tie stated that newspaper pickup was a non-exclusive franchise, and the collector in her area can come in and obtain a franchise. Mayor Falck closed the discussion to the public, there were no further comments received. C/M Disraelly said that based on the information submitted, he would MOVE to table the item, until the proper collection date has been es- tablished with Durbin Paper Company, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. 15. Sign Ordinance Amendment - Temp. Ord. #767 - Amending Ordinance 0-80-34 by exemptions for change of tenant on directory signs. Discussion and possible action on Second Reading. SYNOPSIS OF ACTION: Adopted on 2nd Reading ORDINANCE NO.0- LQ-(p`% PASSED. -13- 6/11/80 mr/ The City Attorney read Temp. Ord. #767. Mayor Falck opened the discussion to the public. Ray Baade, Chairman of the Beautification Committee, advised that the amendment to the ordinance was for the purpose of correcting an over- sight in Ordinance #75-43,that was rewritten and adopted as 0-80-34. He further stated that a directory sign, under the new ordinance, re- quires a separate application for a permit, for each name on a sign, which lists all tenants in a multiple tenant complex. This would permit changes in tenants to be effected at the landlord's discretion. Mayor Falck closed the discussion to the public, because there were no further comments received. C/M Disraelly MOVED for the adoption of Temp. Ord. #767, on second and final reading, and C/W Kelch SECONDED. VOTE: ATJ, VOTED AVR _ 25. Browning Ferris Industries - Garbage Collection Contract - Discussion and possible action to amend this contract to provide for separate collection of newspapers. SYNOPSIS OF ACTION: Tabled The City Attorney recommended to table this item, due to the Franchise Ordinance being tabled. V/M Massaro MOVED to table the item of Browning Ferris Industries, for an amendment to the contract for solid waste collection disposal, and C/M Disraelly SECONDED. VOTE: ALL VOTED AYE. 17 TLopical Gardens ery - Rezoning Temp. Ord. #762 - Discussion and possible action rezone a portion of this property from B-6 to A-1 - by Petition #11-Z-80. SYNOPSIS OF ACTION: Tabled, and to move forward on amending B--6 uses, in order for this operation to continue on the two lots. Mr. Birken advised that this ordinance was previously read, and in- dicated that the City received a document entitled Declaration of Restrictions, with questions being raised on the meaning of paragraph 3, which language would require clarification. V/M Massaro indicated that the Reversion Clause does not give the City any protection, but does assist the property owner. She said the agri- cultural zoning classification for this parcel is perversion of the essence of agricultural use. The Vice -Mayor said that agriculture is farming, and was aware that the Code includes nursery within that clas- sification in the uses permitted, but this was intended for an agricul- tural area, and not on University Drive. She said that running a nursery is a business, which develops a tremendous profit, and is a lucrative one, but felt that no business should be given a zoning to deliberately decrease an individual's tax liability. But, she said, the threat of increasing homeowner's tax is present, and felt this Declaration of Restriction is self-serving, and of no use to the City. She would like to see a modification of the land use, rather than reduce the zoning, which would permit such use. C/W Kelch said that A-1 zoning was suggested by the City, because a struc- ture -did not exist, within. -the:. business .uaAq,. which would per -it this. V/M Massaro said this should be amended, rather than putting this under an agricultural zoning classification, because this is not a farm. C/M Zemel,advised that the intent.of agricultural zoning was to assist agricultural farmers and livestock farmers, in order to permit a tax saving, because the government was interested in the continuation of such business. When the Assessor checks the assessment for the -14- 6/11/80 mr/ particular property, it does not necessarily mean lower taxes will apply, unless food products or cattle are being raised. C/M Disraelly inquired whether raw land would relate to B-1, B-6 or A-1, to which Mr. Gross responded that the Tax Assessor's office in- dicated there is a difference, because each parcel of property has to be judged on its own. V/M Massaro additionally stated that B-6 zoning should be amended for such use, and would permit continuation of their present business, to which Mr. Birken indicated that B-6 is the most restrictive zoning, and felt that A-1 could be modified. Council members did not concur with the City Attorney. Mayor Falck felt that action should be tabled at this time. V/M Massaro MOVED to table this item, and move forward on amending B-6 use, to permit this operation to continue on these two particular lots. David F.Hannan, Attorney for the petitioner, said the present concern was for use of an adjoining lot, and the nursery, when purchased was of non -conforming use. He said they were concerned about the reversion - provision, and enforced the Code, and did not defeat its purpose. Under the B-6 use, they cannot put in a fence or install plants. C/M Zemel SECONDED. VOTE: ALL VOTED AYE. 18. Phoenix Company - Rezoning - Temp. Ord. #763 - Petition #12-Z-80 - Discussion and possible action to rezone the south side of McNab Road, 660 feet west of Nob Hill Road. SYNOPSIS OF ACTION: Approved on lst Reading, as amended. Mr. Birken advised that this is still first reading, which was held at two previous meetings. He did submit a three -page memorandum to Council, which established the basis for tabling this item at a previous meeting. The City Attorney advised that he spoke with Mr. Coca, who is associated with Michael Shiff':s firm, concerning the property, and how it was originally shown on the Land Use Plan map. It was determined to be an error in the preparation of the map, with the acreage calculated cor- rectly, but did not comply with the zoning of 60 feet to the south. Clarification, he said, would have to be determined on the 10 acre ques- tion, which he noted in his memorandum, because property designated as commercial, on the Land Use Plan, can have up to 10 acres added with property designated as residential, without amending or recertifying the Land Use Plan by the County. He felt that verification would be required, between first and second readings, if procedure was to be instituted with the Staff of the Planning Council. Mr. Birken indicated that a request was made to rezone the property adjacent to this, which is presently zoned B-3; and, he felt that B-2 would be more appropriate. C/M Disraelly said that all members of Council have independently worked with the people in the Isles of Tamarac, who have been concerned about this shopping center, its beautification, and what will be visible from their homes. A meeting was held with the developer, the residents of the Isles of Tamarac, and himself, to endeavor to resolve clarifica- tion as to the use of the property. He said that discussion was held and a determination was made for presentation to Council, for granting of the rezoning, with the provision that a 20 foot landscaping berm be located on the north end of the property line, adjacent to McNab Road, and the entire length of this property. Also, the 20 foot bermed area will be rezoned by the developer to S-1, in order to provide open -space, to be maintained by the developer of the property. He said it was also noted by the -developer, that should a fast-food restaurant come:, into the shopping center, its nearest point of entry -15- 6/11/80 mr/ would be located at the Nob Hill entrance to the development, and not on the McNab Road entry. Also, that there will be no so --called con- venience stores that are open 24 hours, and the median on McNab Road will be landscaped, agreeable to the City Planner, who will indicate further buffering between the homes and the shopping center. If, he said, the parcel is rezoned to B-2, other types of business enterprises would be permitted. There was further consideration that no movie theatre would be constructed in the shopping center. C/W Kelch would like to move that this rezoning be accomplished, but be modified from R-3 to B-2, and that the petitioner would agree to the zoning designation. , C/M Zemel felt that C/M Disraelly's conference with Mr. Zani and the people from the Isles of Tamarac, which related to particular acceptable businesses, was not the decision of Council. He felt that a movie theatre was desirable, but the people decided they did not want this; but he felt it would be favorable to the rest of the City, as well as the residents of the Isles of Tamarac. William Zani, the developer, said that C/W Kelch's request to modify the zoning from B-3 to B-2, would be acceptable to him. He also stated that an agreement was made with the residents of the Isles of Tamarac, whereby he would not permit a theatre to be constructed in this shopping plaza. But, he said, should circumstances change, then he would allow the theatre to come in, but, at this time, he will honor his agreement with the residents. C/M Disraelly indicated that the 10 acres of property is zoned B-3, and Mr. Zani has agreed that certain type of businesses would be pro- hibited in this section. At this time, he said, the 4 acres were being discussed, which Mr. Zani agreed to have rezoned from B-3 to B-2. He enumerated the businesses to be excluded in the B-3 zoning: 1. Wholesale businesses or any sort 2. Animal boarding facility 3. Boat or truck sale or display 4. Community garage 5. Rug cleaning on the premises 6. Dealer in second-hand merchandise 7. Display or sales of diesel or gasoline engines 8. An indoor gun club 9. Jewelry manufacturing 10. Linen service 11. Mattress renovating 12. Sprinkler service and storage 13. Gasoline stations He reiterated that the businesses noted would be excluded from the 10 acres, which are currently zoned B-3, but if B-2 zoning is deter- mined for the entire area, the list of excluded businesses would be moot. In response to V/M Massaro's question of the additional 20 foot setback, C/M Disraelly stated that Mr. Zani intends to have the site Tape plan remain, as -is, and move the entire parcel 20 feet to the south, in Side order to permit the bermed area; but water retention will be discussed #6_ when the site plan is submitted. Mr. Zani said that he confirmed the ability to purchase the 20 feet of land to the south, with.the owners, and his concession of the addi- tional 20 foot berming, was to enable him to present the same site plan. to the City. Mr. Birken explained that the south 69 feet needs to be resolved, and whether it can be changed without altering the Land Use Plan, prior to second reading. This would have to be determined with the Broward County Planning Council staff. Fie also discussed the north 20 feet, which will be rezoned this day or shortly thereafter, which will require rezoning to S-1 in the future. Mr. Birken said that Ordinance 79-1 requires a 6 month delay,on the same parcel, between rezonings; unless the City institutes such rezoning. He further suggested that the site plan and second reading be held at the same time, plus a Developers Agreement being established with the property owner, and enumerating the items discussed by C/M Disraelly. 6/11/80 -16- mr/ C/M Disraelly MOVED that Petition #12-Z-80, Temp. Ord. #763, be approved on first reading, as follows: 1. The rezoning of certain property, from R-3 to the B-3 request, be changed to B-2. 2. Phoenix Company agrees to rezoning of twenty(20) feet parallel. to McNab Road, south of McNab Road, for the entire length of the property involved. 3. If a fast-food restaurant is included in the total shopping center, its entrance will be located near Nob Hill entry to the Center. 4. There shall be no so-called 24 hour convenience stores in the shopping center. 5. There shall be no movie theatre permitted in the shopping center. 6. The median on McNab Road, when installed, will be landscaped agreeable to the City Planner. 7. Additionally, it is agreed that in the B-3 portion of the area, that the following types of businesses will not be included: a) Wholesale business of any sort b) Animal boarding facilities c) Boat or truck sale or display d) Community garage e) Rug cleaning on the premises f) Dealer in second-hand merchandise g) Display or sale of engines, either diesel or gasoline h) Indoor gun club i) Jewelry manufacturing j) Linen service k) Mattress renovation 1) Sprinkler service and storage m) Gasoline stations 8. That the site plan be presented to the Council at the time of the second reading of this ordinance. V/D1 Massaro SECONDED the motion. C/W Kelch felt that portions of the motion were included by C/M Disraelly, which she said were not germane to the present situation, because they involved covenants and agreements, and did not apply to rezoning. She stated her concurrence with the rezoning, but felt the list of businesses should not be included in this action, to which the City Attorney also stated that such detail was not necessary in the motion. Mr. Birken suggested that the ordinance be made non -severable, and if any provision is challenged and stricken, then the entire ordinance be declared null and void, and of no force and effect, and it will revert back to the residential zoning on the property. He anticipated this would permit protection for the City. VOTE: C/W Kelch - Nay C/M Zemel - Nay C/M Disraelly - Aye V/M Massaro - Aye Mayor Falck - Aye C/M Disraelly advised there will be a problem of drainage throughout the area under discussion, which he will include under Reports. 19. Drainage - Western Area of City - Report, discussion and possible action on recommendation of the City Engineer to correct drainage problems in this area. SYNOPSIS OF ACTION: Tabled to 6/25/80 meeting Mr. Gross advised that a memorandum was distributed by the City Engineer, with a request to table this item, to enable him to submit a full report to Council, for,the next regular meeting of 6/25/80. V/M Massaro said that she was aware of the work which has commenced, with an attempt to complete it, but felt this should be an on -going program. She anticipated that a report will also be made on Land Section 7 at the next regular meeting. V/M Massaro MOVED to table the item to the 6/25/80 meeting, and C/M Disraelly SECONDED. -17- 6/11/80 mr/ J VOTE: C/W Kelch - Absent from dais C/M Zemel - Aye C/M Disraelly - Aye V/M Massaro - Aye Mayor Falck - Aye LEGAL AFFAIRS 30. Social Security Payments -- Temp. Ord. #770 - Provides for payment to employees for illness pursuant to State Department of Administration Rules - Chapter 22C-2. Discussion and possible action. First Reading. SYNOPSIS OF ACTION: Approved on 1st Reading The City Manager read Temp. Ord. #770. Mr. Birken advised that recent tax rulings state that sick -leave pay- ments, if the employee is sick, are not considered to be income. It would, he said, assist the employer, because they pay a portion of the social security taxes, and everyone will benefit by passage of this ordinance. He additionally stated that the form was copied from the Daytona Beach ordinance, which was approved by the State of Florida. This recommendation was made by MICA to Deerfield Beach previously, which were cost -saving programs, and was also suggested by the City's auditors last year. Mr. Birken said that an employee would not benefit for situations where a relative was ill, but only where the employee is on sick leave, with documentation being furnished to the State; how the City differentiates in their policy,for record keeping of employee illness and also their family. The City Attorney also indicated that such illness is excused in the union contract. Mayor Falck recommended enactment of this ordinance on behalf of Tamarac. C/M Disraelly MOVED for the adoption of Temp. Ord. #770, and V/M Massaro SECONDED. VOTE: C/W Kelch - Aye C/M Zemel - Absent from dais C/M Disraelly - Aye V/M Massaro - Aye Mayor Falck - Aye 31. Parking Lot Illumination -- Temp. Ord. #771 - Amends Ordinance 0-79-32 by requiring compliance ^for commercial and industrial facilities. Discussion and possible action. First Reading. SYNOPSIS OF ACTION: Approved on 1st Reading The City Attorney read Temp. Ord. #771. C/W Kelch indicated that she was pleased that the proposed ordinance provides for elimination of conditions that presently exist within the City, and MOVED that Temp. Ord. #771 be approved on first reading. C/M Disraelly said the original intent in the writing of the ordinance was for commercial and industrial use, with three words being over- looked, so that residential areas are excluded, and SECONDED the motion. VOTE: ALL VOTED AYE. C/M Disraelly said the ordinance required lighting for businesses open after sundown, which was a response to a question by Sonny Gentile. 32. Code Supplement #5 Adoption - Temp. Ord. #772 - Discussion and possible action to adopt the 5th Supplement to the Code of Ordinances. SYNOPSIS OF ACTION: Approved on 1st Reading V/M Massaro said she was advised that this never appeared before the Code Advisory Committee, for their review. Mr. Birken said it was his understanding that the City Clerk's office transmitted the supplement to the Code Advisory Committee, but regard- less of whether it was done, the work has been completed, and errors could be addressed, with additional input by this Committee. He felt -18- 6/11/80 mr/ L that enactment of the ordinance was necessary at this time, and recommended changes could be brought to Council's attention prior to second reading. Mayor Falck suggested adoption on first reading, and contact be made with the Committee, for their review, with an apology.being extended. The City Attorney read Temp. Ord. #772, and advised that the City Clerk just indicated to him that the supplement was not conveyed to the Code Advisory Committee. C/M Disraelly said that because it has been indicated that the 6th supplement would be arriving shortly, he MOVED that Temp. Ord. #772 be adopted on first reading, with the request that the Code Advisory Board review it, in order to return it expeditiously for second reading. Mayor Falck said that he will write a note to the Committee, and express the feelings of Council, but would request that proper notifica- tion be submitted, in the future, to the City Clerk. C/W Kelch SECONDED. VOTE: ALL VOTED AYE. (SEE PAGE 20 - for continuation) SWIM 6/11/80 mr/ LEGAL AFFAIRS VERBATIM TRANSCRIPTION WAS REQUESTED BY C/M ZEMEL 33. Tamarac Park Facilities Fees - Temp. Reso. #1447 Revised - Discussion and possible action to establish fees for use of Park facilities. SYNOPSIS OF ACTION: Adopted as amended RESOLUTION NO.R- D " PASSED. The City Attorney read Temp. Reso. #1447. C/M Zemel: I have listened to the thoughts of the members of tFie Council at the last evening meeting where we discussed recreation fees. I have listened to our citizens who were interested in being involved in our recreation facilities. We have also had our meetings where other public interests were involved, where the well being of our citizens was involved, such as the airport runway extension where we have gone to the expense of appropriating about $20,000 at the present time, because we believe that it does involve the health and welfare of our people. I have come to the conclusion that the health and welfare of our people is involved just as much with recreation as it is with anything else, and looking at the figures that were supplied by the City Manager, which each of the Council persons has at the present time, we find that the cost of electricity to date for the fiscal year has been $1300, with an estimate of $400 additional dollars for its use for the rest of the league year. During this time of the year the lights are used very little because of daylight is quite late, and the league starts June 15th and registration has already taken place. Breaking down the figures and the costs it seems to me that under this Resolution the City will be subsidizing the activities of the recreation activities above and beyond the normal recreation use by $7500. Therefore, under this Resolution Temporary 1447, the following fees would apply for use of the recreation facilities, at Tamarac Park. Organized leagues, adult leagues for 3 month season would pay $150 for the league per season; each non-resident will pay $25 for the season and the limitation of non-resident would be 10% of the participants. No fees would be charged of the players. In youth leagues we would ask the leagues to pay $50 per season for minimum assistance and the upkeep of the fields that they play on. We would limit the maximum age for participants to 18 years as of the last day of the season. There would be no charge for residents and a $25 per non-resident player of the season charge. Again, the limitation of 10% non-residents. We would further require that a park facilities - before anybody could use the park facilities that all leagues must show evidence of at least a million dollars liability insurance, bodily injury and property damage with the City named as co-insured, and that each player must furnish the City covenant not to sue the City in the event of bodily injury prior to participating. With this information, I move that Temporary Resolution 1447 establishing certain fees for use of recreation facilities at Tamarac Park be adopted. Mavor Falck: Is there a second of the motion? V/M Massaro: Yes, I will second it. Mayor Falck: We have a motion, we have a second. Discussion? C/_M_Disraelly: Mr. Mayor, I would like to know how much money would come in rom this $150 per league per season and the youth leagues of $50 per season. Mr. Gross: You are talking about approximately 3 adult leagues, that s $450 plus $200 for residents, which -- C/M Disraelly: That's $450 --- Mr. Gross: And the youth leagues you are probably talking about 00 total, if that much. I just want to say that as a citizen, and as City Manager, in the youth league area, I do not feel that there should be a charge for the league itself. C/M Disraeli : The reason I ask how much - we are talking about $750. or the whole year. I think we spent more money than that discussing -20- 6/11/80 it in this room and the lights and everything else in this room, and when the vote comes mine will be Nay because I think we are talking about pennies for a situation that applies to a lot of people in the City. We don't charge them if you go into the park, to use the playground. We don't charge them if I want to go out there with a half a dozen fellows to play baseball and hit a ball back and forth, and nobody is using it. The park is a recreation area for the City and I think that we spend too much time talking about nothing. Mayor Falck: Yes. V/M Massaro: What are you saying, that the fees - I second the motion for discussion. Are you saying the fees aren't adequate, or what are you saying? C/M Disraell : I am saying that I will vote No because I don't think there should be any fees for the participants in the leagues. I can agree with a restriction as to the number of non-Tamaracans and I would not object to a fee for non-Tamaracans purely as a means of control, but I think if we are talking about.$750 all year, we spend greater sums than this for the protection of our people, for the enjoyment, the health, the safety and welfare of the people, and I think this is a piddling amount.for discussion. C/Ind Kelch: Mr. Mayor, if I may. I think the provision in this ordinance for the requirement for insurance is an excellent one. I think this is nothing that is unusual at all. I think the City should be indemnified in this respect, and I would like to leave it. I also agree with Mr. Disraelly, I would like to see all of these fees disbanded, however I definitely will not vote for a charge for the youth leagues. Here again, if we want to consider some sort of regulatory measure by charging a per person fee for non-residents, in any case, or if we should require some sort of a youth fee for organized groups outside of organized leagues, I would perhaps consider that, but the total amount of money that we are talking about here is indeed so small, I was quoting one of the newspapers as saying "I would rather be benevolent than ridiculous." I will repeat the same statement. I think what we are being here is ridiculous and the only thing I would agree to in this ordinance would be a possibility of a limitation of non-residents with a fee attached to the use of the field in the league played by non-residents, and the provision for indemni- fication. Other than that, I don't wish any fees included. C/M Zemel: Mr. Mayor, I would be glad if one of the Council persons would make an amendment to the motion. C/M Disraelly:, Mr. Mayor, when we lived in our younger days up north, an u—se-a ball parks, in each city I belonged to I never paid any fees. And although there was a motion on the floor, Mr. Mayor, I would move a supplementary motion which would be a denial of Temp. #1447 as amended whatever the last date of the amendment was, 6/20 - C-/M Zemel: 6/2/30 C/W Kelch: Well we can't really do it that way. C/M Disraelly: It's been done before with the Charter Board did that downstairs with a supplementary motion. C/M Zemel: Well why don't you just amend it? C/M Disraelly: My amendment would be to deny other than paragraph 3. Mayor Falck: Can't amend it. A motion to deny - C/M Disraelly: The only thing I would do is say that I would be in favor only of paragraph 3 of this motion, but we do have a motion on the floor that handles this. C/M Zemel: Mr. Mayor, listening to the comments of the Council who keep vacillating from meeting to meeting about the same subject, I would like to withdraw my motion. -21- 6/11/80 Mayor Falck: Seconder, do you withdraw your second. V/M Massaro: Yes, I withdraw the second. I would like to say something here. You know, I listened to the complaint about the manner in which these fields are kept. I am listening to the com- plaints about how much money is spent for replacing the grass, the manner in which these fields are used. I see before me expenses in the amount of $4500 for miscellaneous expenditures for this ball park. I also see electricity costs for the ballfield of $1686 for October through April, plus another bill of $360 that was not read into those figures, so there is over $2000 for electric for a seven month period. I hear Councilman Disraelly say that he never paid to play in a ball field or whatever it was - a recreation place - but it wasn't these kinds of money either. I think you probably had fields like we all dial to play in. C/W Kelch: Absolutely not. C/M Disraelly: I don't know where you were, I know where I was. V/M Massaro: Maybe it was a bigger city.All I am saying is, that someone has got to pay these bills. And whatever you decide to do, I know what I am going to hear very soon, and the fact that I don't think that the charges for people who don't live in the city are even high enough, in what was submitted here. And if you do take these off completely, you are going to have to set some pretty good rules there, or you are going to be awfully sorry for your actions. C/M Disraelly,:Mr. Mayor, at the night meeting, the record will reflect that I made no comment at all during that evening, pro or con or otherwise. I listened diligently to all the conversation. So far as I am concerned, we are trying to be a total city. And when we erected our second fire station, the comment was made at that time that the city was growing, we were trying to be a unified city. I think you had expressed that same opinion in your remarks, as well. We are a city. We are going to be a city. There are just certain things that we have to take care of. We fight for the people inthe city, we fight for noise abatement so far as the airport is concerned, we are fighting the helistop which will cause a problem in another section of the city, and at this point, Mr. Mayor, Z would move now move the adoption of temporary 447, - Mayor Falck: 1447. C/M Disraelly: 1447. Deleting any charge for the league, the adult league; deleting any charge for the youth league and with that elimin- ation I would then move the adoption of this Ordinance. C/M Zemel: And I would second it. Mayor Falck: We have a motion. V/M Massaro: What does that do -- I beg your pardon.What does it do or people from out of the city? Leave the $25. C/W Kelch: Leaves the $25. C/M Zemel: $25 per person. V/M Massaro: That is left in then, because I haven't found it. C/M Disraelly: What I am deleting is the verbiage adult leagues for months season, $150 per league per season in paragraph 1; and in paragraph 2, 1 am deleting youth leagues for 3 months season, $50 per season. V/M Massaro: C/M Disraell V/M Massaro: C/M Disraell Is the insurance left in there? Everything else is left in. Okay. Just deleting two lines. Shelby Lee: Mr. Mayor, my name is Shelby Lee, a resident of Tamarac for 8 years and I have been a participant in soft ball league --22- 6/11/80 �. J coach of T-ball,little leagb.e and soccer and soon in football. When I hear Vice -Mayor Massaro talk about the amount of money that we are spending on these people, I am not sure you understand how many people are involved. The full number of dollars you allude to probably comes out to about a dollar per person, that the City is absorbing providing for recreational facilities. And I am not sure what role the City has in the maintenance of those facilities and I am quite sure you have heard complaints about the condition that the fields are in. Those fields are used for soccer which literally destroys their use for little league and soft ball. We played in a game Monday night, our little league team, and I know you have a preference for the youngsters. So do I.My kids play in every league possible. On Monday evening, the in -field was in such bad shape, this is no exaggeration, for 10 minutes between innings we had to hold up the game because no one could find the game ball. It was in the grass next to the pitcher's mound. The grass was literally 8 inches high. Now I have a concern about safety for my youngsters playing on that field in that condi- tion. In the pitcher's area, the whole grass infield is 8 inches high. I don't know when it had been mowed last. It is a dust bowl out there so there are real concerns about what is the City's com- mitment for providing adequate maintenance. I can appreciate Council- man Disraelly's comments about never having paid any kind of fee when he was a young man playing ball. I am of the same persuasion. I played ball all of my life and I never paid a fee. And the facilities I played on are far better shape than anything in this county. V/M Massaro: Shelbv Lee: V/M Massaro Shelby Lee: V/M Massaro: What city was that? In Miami, in Dade County. Well, don't compare, we're not Miami. But that's not something to be proud of. I am talking about the size. Shelby Lee: But that's not the point of the question. Our con- cern - my concern with the men's softball and the youth leagues is we have currently, Councilman Zemel, an insurance provision that we have been operating under every year, that we have paid for every year, and the City has been co-insured under that. This is nothing new. We have been doing this all along. The comment about providing a covenant not to sue, I have signed covenants not to sue til they come out of my ears. The City has never collected the first one, never seen the first one. They've been turned in. I am holding them for our little league team. No one has ever collected them. I wonder of what use that is, to have that in there or what legal realities exist with such a covenant. We sign them every league . I have a Tape larger conceptual question when it comes to recreation. I think this Side is what Councilman Disraelly was leading to. What is the role of the #7 City for recreation? What is the role of the City for having recrea- tion self-sufficient when other public service agencies within the City certainly are not self-sufficient. In this day we probably have more of a need for recreation than ever before. Our society has become non -recreation. We need this kind of opportunity. For us to be dis- couraged by assessing certain fees for this participation seems out of line. My only other comment about the residency and non -residency requirements are correct, operating by laws which the City drew up for us a few years ago have a residency requirement rule in there already. We have been asked to have no more than 3 residents per team. I will be the first to be perfectly honest and admit this past season that was violated. There were teams that had more than that. I think the City has to accept some of that responsibility. No one has ever attempted to encourage or enforce that rule in any way. We have people who have played on other teams now for 5 seasons. All of a season would you ask them "You can no longer play in this league which you have helped build, which you have put your money into every year for which the City has really given you nothing. Now we are saying that you - for you to play, you are not going to pay $25 per person, you are going to pay $45 per person." It is very expensive. There is a $20 charge per person for each team. For little league there is a $35 charge per kid, in addition if you are asking non-residents, the comment about the 10% non-resident rule. You really understand what -23- 6/11/80 that equates to?. That's 1.4 persons per team. To me that is not realistic. 1.4 persons per team. Many of these people have participated. You will virtually cut by going to a 10% resident fee and that particular charge for non-residents, that 10% charge, you will cut the league down from 14 teams to probably 4 or 5 maximum. 4 or 5 maximum because not all those teams had all outside residents, but the people they have played with over the years are the same people that they now can no longer play with. So you take a team, Team A, that had 5 non-residents, you wipe them out. They have to start all over from scratch. So I ask you please to reconsider the non -residency requirement. Work with us in enforcing the 3 member non -residency rule. We will be happy to do that. We are eager to work with the City.We would like to see the City's co-operation in that sense rather than their renunciation. C 11 Disraelly: You say 3 members per team, is that what you are saying. Mr. Lee: That's what is currently written in our By-laws which the City gave to us five seasons ago. I will be happy to respond to any questions. Thank you. V/M Massaro: You know, you talk about not charging fees. I recently I am sure you all saw in the newspapers, I thought I had it with me, unfortunately I haven't. I cut out of the papers how much other cities are charging for their recreational facilities. They even charge 50r,% an hour for every player for electricity if it is a night game. 50� an hour for each player, so it isn't a free lunch. And you know when you start to worrying about people from out of the city, it's one thing, but whatever you do for the people of your city, you are doing it for your residents and taxpayers, but when you start doing it for people from out of the city, then I think that's a mistake. C/M Disraeli .. Could I have a copy of that item that Mr. Lee re - erred to that said 3 members per team? Mr. Gross: That was a city rule that we had set up some time ago. I disagree with the fact that we haven't tried to enforce it. We have as a matter of fact, and because of that many members of the ball teams have been to see some members of Council because of the fact that we tried to enforce that -- C/M Disraelly: Where was that promulgated? Mr. Gross: That was a city rule, that was out of our offices, t of was done some time back. C/M Disraelly: That was administrative. Mr. Gross: Administrative, yes. C/W Kelch: We have not seen any of those things. C/M Disraelly: I was unaware of it because it was administrative. We have an administrative situation. Could I have a copy of it? Mr. Gross: Yes. Mayor Falck. People call me, to respond to you, people call me and tell e their sons and daughters don't get to play because of out- siders; even on the men's softball teams, I get calls telling me the same thing, that people from the inside don't get to play simply be- cause of the fact that outsiders are used. Ever since that park's been out there,the City Council has been asked to give, give and give. And again I am to the place where I don't care whether we charge a damn dime or not, but then we have no more to give so as far as I can see I have no objection to doing it that way. I have had it up to here with the thing. Mr. Lee: Mayor Falck, I would like to respond -- Mayor Falck: You sure can respond to anything you would like to. Mr. Lee: Thank you. I am not being argumentative. I would ap- preciate that. We made an effort last year to try to bring Visual Graphics in to the league because they are residents or they work in the City. We asked to have them. They are planning to come into -24- 6/11/80 the league this year. That's our encouragement. I have been an officer in that association for the last 2 seasons and I don't know of anyone who has ever called me or any of the other officers and requested to be involved in the league who has been turned down. I don't question that you have received some calls. Maybe they have been misdirected. If that is the case, I apologize then. They have not come to my attention or to any members of the Board. We have certainly sought to bring Tamarac residents in. V/M Massaro: peop e from out our local people of the city. Mayor Falck: Mr. Mayor, I of the city. and to keep repeat, I don't think our concern is I think our concern has got to be with them at a minimum of anybody from out Other discussion. It C/W Kelch: I would ask a question, Mr. Mayor. I say I would ask for the question to be called. I am sorry, I didn't make myself clear. Mayor Falck Call the question. VOTE: C/W Kelch - Aye C/M Zemel - Aye C/M Disraelly - Aye V/M Massaro - Aye Mayor Falck - Vote aye. COMMUNITY DEVELOPMENT 23. Cy2ress of Woodmont III (Tracts 68 and 77) - Discussion and possible action on: a) Site Plan b) Landscape Plan c) Water and Sewer Developers Agreement d Plat Temp. Reso. #1692 SYNOPSIS OF ACTION: a) Tabled to 6/25/80 meeting, b) Removed from agenda, c) Tabled to 6/25/80, and d) Tabled to 6/25/80. Mr. Birken said, as related to Item c), that Mr. Toll will be purchasing two tracts, and will not be closing on them at the same time. It was his suggestion that two agreements be prepared, splitting the tracts,rather than the one valid agreement, in order to record each tract, at the time of purchase. V/M Massaro said a monthly interest charge has to be paid on the entire property,and inquired as to what would happen if the agree- ments are separated, to which the. City Attorney responded that the interest charge would still be paid on the entire property. a) V/M Massaro advised that the recreation fees come under the Mont - wood Agreement, wherein 800 units were prepaid, and 360 are taken off the amount. She also noted that a letter was received this day, which gives a breakdown on the balance, but stated that there are still 210 units that are prepaid, before the 800 are completely used. C/M Disraelly inquired as to the entry off 76th Street, and whether Woodmont Terrace was public right-of-way, to which Mr. Cross re- sponded that all three culdesacs will be public right-of-way; one on 75th, 88th, and on 70th. C/M Disraelly inquired about a problem on the 75th Street entry with the seven or eight parking spaces, which are backing into the right-of-way angle. He felt the others were in the private area, but hundreds of automobiles will be coming through the 75th Street entry, before they reach the interior lot. He further added that the entries at the other culdesacs become totally interior. Dan Oyler of Craven & Thompson said there were four extra spaces, and could remove this, and add it to the landscape plan, which would be curbed to match the opposite side. -25- 6/11/80 mr/ V/M Massaro requested a correction to the location map, from 71st Street to 70th Street, to which Mr. Oyler concurred, and further responded that 88th Avenue will be curbed, with the present plans to bull -nose the medians. He said the curbing will start at 88th Avenue to the canal on 75th Street. C/M Disraelly confirmed the fact that the Shops of Tamarac are directly south, and Barry Eden, will be doing the bull -nosing of the entrance, on the west side. Mr. Eden said the original discussion was for curbing the full length of the property, which was later determined to be bull -nosed. Mr. Oyler said their engineering plans indicate curbing of the bull - nose on the west side of the drive, and also curb the stack and storage lane. He further stated that the engineering plan has been put in for the west side, and bull -nose the other. He felt that it would be un- fair for Gene Toll to curb, when the vacant tract 67 is adjacent to him, across the street. Council then indicated that the south half should be bull -nosed, with tract 67 being required to do the other half. V/M Massaro advised that the retention area has to be done in Phase 2, which is being required when projects are phased in the City. She felt this was for the protection of the people, where it involved severe storms, and should be done immediately. Mr. Oyler reviewed the facts, as to the first phase of the project being drained across the golf course, and into the new canal system which is being dug on the Woodmont Golf Course. He anticipated that Woodmont has excess retention area, to which the Vice -Mayor responded that nothing has been certified as yet. Mr. Oyler said the first phase to be built, will be draining into holding in basins, and emptying onto the golf course property. This, he said, is already under construction, and flows throughout the golf course, and has adequate retention to satisfy phase 1 of the develop- ment. He further added that when Phase 2 is constructed, the other lake on the engineering plans, drains Phase 2 and 3, which will be built at that time. V/M Massaro said the retention area was being drained into, by using the golf course, and something was being used that was planned for another job. Gary Bloom of Craven & Thompson, said that the basic design concept is that the Phase 1 drainage system goes into the interior lake, as noted by Dan Oyler. He also stated that the retention area for the golf course is an agreement with Mr. Toll, to utilize that portion, which was approved by the City Engineer. V/M Massaro insisted that the retention area be created in Phase 1, because drainage was a major concern in the City, and this project cannot use the retention which is meant for emergency use. C/M Disraelly understood that the ordinance required that if there are phases, that the provision for water drainage must be provided in the first phase. If the second phase is never developed, he said, then the retention area will not be made for the first phase. C/M Disraelly informed Barry Eden, that on 10/10/79,"a motion was made and recorded in the minutes, for the radii to be temporarily curbed 10 feet along the median, from a straight line to an arc on both the east and west, and on the westerly opening, the curbing to the west will be completed, when Coral Gables Federal completes the curbing for their entrance; and the area between the east and west openings will be fully curbed, when Tract 77 median is constructed" and so forth. He indicated that it was incumbent to put it in, which would reveal that Tract 77 is required to curb half of it. C/W Kelch said that the City Engineer has furnished information that indicates the engineering fees will have to be recomputed, if the drainage retention area is included. She said the estimated costs have to be adjusted. -26- 6/11/80 mr/ V/M Massaro said it has been determined that the recreation fees have been paid by the pre -payment which was made by Montwood Corporation, and the $130.00 per acre totaled $3,874.00, which will be subject to verification. She also noted that retention is to be put in for the first phase. Mr. Oyler said that Gene Toll is not available today, and is not able to give a definite statement about the curbing or lakes, and requested that the motion be held for the plat approval, landscape, water and sewer agreement. C/M Disraelly re -read the motion which was made on the minutes of 10/10/79, to which Mr. Eden stated that it has been accomplished this day, from Coral Gables Federal property to the westerly side of his property. Larry Keating, the City Engineer, said that a letter was received from Tony Nolan's office, which indicated that the off -site facility was sufficient to serve this project. He said there was no off -site re- quirements for water and sewer, but off -site drainage was required to serve the adjacent roadways, which was relayed in a subsequent memo, as to tieing into the existing system on 70th Avenue. This, he said, was his recommendation. Mr. Oyler indicated that the Engineering Department has requested the draining of 88th Avenue, 75th Avenue and 70th Avenue, through their drainage system within the property, to a private draining system. He said this would mean that public right-of-way water was being taken, and being drained through their system. He further stated that not only the road was being drained at 75th and 80th, but the surrounding vacant land was being drained. V/M Massaro said that negotiations and agreements were being entered into with people, where vacant land is involved; there would be parti- cipation at a future date, when the land is developed. She said there is a time limit of five years, for reimbursement. Mr. Keating said the additional drainage being installed does not serve drainage from undeveloped projects. In looking at 75th Street, he said the south side was being drained, which fronts this project, and not the north side. On 88th Avenue, he said the east side was being drained, and not the west side. It was possible, he said, that other drainage might be taken in on 70th Street, where a request was being made to tie-in to an existing system. Mr. Keating said that in all the other areas, the calculations for the flow rates were based on the rain water which falls on the roadway, and not from undeveloped or developed pro- jects. He additionally felt that the agreement under discussion did not apply in this instance. V/M Massaro confirmed the fact that the undeveloped property would have to handle their own drainage, to which Mr. Oyler stated disagreement with this, because one side of the street was being drained,also adding a catch basin to tie-in to an existing system, which benefits the other side of the street. Mr. Oyler further felt that they should be reim- bursed for this. Mr. Keating said there is one line at the intersection of 75th Street and 88th Avenue, that goes over to the west side, which he has over- looked, but guessed that it was a 15 inch pipe, with a minimal flow. He felt if there was justification of the flows, and estimation was submitted, then he would look at it. C/M Disraelly said that the recreation areas have a hydrant sufficiently Cape close for protection of the buildings, which were to be within 300 feet, >ide but is not designated on the site plan. f8 Mr. Oyler said that discussion was held with the Fire Department, and the Fire Chief approved the location of the fire hydrants, which was the reason for the installation of a stabilized base. V/M Massaro said another item should be included, which would be subject to a rezoning application being filed.to S-1, for the recreation parcel, prior to issuance of a permit. -27- 6/11/80 mr/ Mr. Keating responded to a question by the Vice -Mayor, by stating that nothing was required on the sewers for off -site improvement upgrading, as indicated by the consultants. V/M Massaro said a condition should be indicated to meet the require- ments of the Fire Chief. C/M Disraelly MOVED that the site plan be approved; 1) Removal of four parking spaces at Woodmont Terrace, and pro- vision for landscaping at that point. 2) Retention for the entire project is to be done in the first phase. 3) Curb 75th Street, the" south half, to the west of the entry, with bull -noses at both ends. 4) Curb 75th Street, east of the entry, for the length of the property line. 5) Recompute the fees for engineering. 6) On the location map show 71st Street, as 70th Street. 7) File application for rezoning for both S-1 areas, prior to pulling the first two building permits. 8) Subject to a review by the Fire Chief, as to the location of the hydrants pertaining to the two recreation areas. 9) Request to provide space within the dumpster areas, for stacking of newspapers for collection, based on the City's new ordinance. 10) Curb the north half of all of the curbing for the median on 70th Street, for the length of the Shops of Tamarac property, and any that are not included, east of the Shops of Tamarac property, should be done. Mr. Oyler offered a suggestion to the motion, which involves the drainage situation that was discussed. He requested that if it could be proven that they are draining outside of their property, a reim- bursement be made for exercising their drainage line. - V/M Massaro requested that Mr. Keating establish the verbiage for that particular part of the motion, and if not satisfactory, then she felt the item should be tabled. Mr. Keating said that assuming some drainage was taken from the west and the south, it was his own philosophy and John Gerren's, through a letter received by the City, relating to flooding, the feeling was to have the developers coming into the City to put drainage into the roadways. He further indicated that when a developer comes in, and there are deficiencies in the existing roadways, adjacent to his project, that it is his moral obligation to put those in, because the residents of the particular project will suffer because of insufficient drainage. 11) That the existing drainage system on N.W. 70th Street, be con- nected into the developers system, at the entrance, and the pipes be hydraulically sized to take the additional flow from the road- way only in 70th Street, which will be attributable to those culverts. Mr. Keating said that flowage easements will be necessary on the plans, and felt that drainage facilities should be kept separate for public and private properties. He felt the cost for separate facilities would be prohibitive, and felt this. was, a more practical method of handling it. 12) That the canal must be excavated slopes being on their property. 13) Development review requirements to the property line, with the appear to have been met. C/M Disraelly said that the Planning Commission discussed the sidewalks, to which Mr. Oyler indicated, that under the stipulated agreement, they are not obligated to put in sidewalks, and will be bound by that agree- ment. He felt they did not want to install them along 88th Avenue, and said the stipulated agreement addressed itself to sidewalks for everything east of 88th Avenue. would not be required. Mr. Oyler further added that they will abide by the contents of Stipulation #3. MU.'a 6/11/80 mr/ V/M Massaro said that Montwood was looking into extensive pavements for sidewalks, and were putting in much more than they originally agreed to do. Mr. Oyler felt they were at an impasm,especially since Mr. Toll was not available, and was emphatic as to reimbursement from other de- velopers in the area. He additionally stated that if an agreement could not be reached, that the entire item be postponed until next week, or the next regular meeting of Council. He also requested to release the plat this day, but they would not record it, until the approval of the site plan and engineering, to which the Council members did not concur, because of strict policy. Mayor Falck recommended that the entire item be tabled at this time. V/M Massaro MOVED that the entire item, #23, regarding Cypress of Woodmont III project, be tabled until the next regular meeting of 6/25/80, as well as the site plan and plat. Mayor Falck recommended that this item be reviewed with staff, in order for clarification to be made, prior to being heard again. Katie Braiman of Toll Development, informed the Council that Mr. Toll had a crisis emergency, and was required to leave town, or he would have definitely appeared this day. C/M Disraelly said that the landscape plan is on the agenda, but was not copied with it, to which Mr. Oyler advised that there were no landscape plans as part of the stipulated agreement. C/M Disraelly then indicated that the landscape plan item should be deleted, and taken off the agenda for the next meeting. Mr. Oyler said there was a requirement for a certain amount of vegeta- tion to be included for the tracts in Woodmont, under the stipulated agreement, but no plans are required, for approval. V/M Massaro AMENDED THE MOTION to delete Item b):from the.agenda, be- cause it was not appropriate,and C/M Disraelly SECONDED. VOTE: ALL VOTED AYE. Mr. Gross requested the Mayor to relinquish his gavel, because a repre- sentative from one of the Leagues wished to make a presentation. Bob Crucio, the President of Tamarac T-Ball, said the Mayor was at their picnic on Sunday, and.l.ef-t_unexpectedlyl and made a presentation to the Council of an engraved baseball. 24. Woodview Villas - Discussion and possible action on a request to waive requirements of Chapter 28 relating to: a) Model/Sales Offices. b) Site Plan Revision on Entranceway. (AGENDIZED BY CONSENT) SYNOPSIS OF ACTION: a) Approved, and b) Approved, with conditions.(See page 1) a) Harry Grossman, the developer, stated that the model was located on #48, the entrance to the development. He further stated that the City's ordinance requirements of 150 feet surrounding the model, does not permit building, which is creating a hardship. He requested relief from this in the first phase, in order to per- mit him to continue building in the surrounding area, and in the culdesac. The traffic, he said, will stop at the parking lot, at #49 and #50, and they will not go into the development, nor create a hazard. C/M Disraelly said there was a separate site plan on a request for the model/sales office, with the entrance being left as -is, and lot #50 will be used for the parking lot, with #49 being the construction trailer, and #48 is the model home. It was the sug- gestion of Mr. Grossman that people wishing to view the model home, will not be going past a lot, where a home has been purchased. He did not see any fault with this request. -29- 6/11/80 mr/ This would be reviewed again in six months, he said, based on the City's ordinance, which would require reinspection in six months. V/M Massaro said that the note on the plan indicated a five (5) foot concrete sidewalk to be constructed by Leadership Housing, which sidewalk was to be constructed by Mr. Grossman. She re- quested that Evan Cross have Mr. Grossman indicate this change, because he would be personally putting in this sidewalk, by crossing out the words Leadership Housing, and insert Woodview. She additionally understood that once the Developers Agreement has been prepared by the City Attorney, that Mr. Grossman will return to the City Council. C/M Disraelly MOVED to approve the temporary sales office, as shown on the sketch, File #770919, dated 10/12/78, with the waiver to be permitted, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. b) Gene Lozano with Carnahan Engineers, represented Mr. Grossman on the site plan revision for the entranceway, and felt that the plans were self-explanatory. It was noted by Mr. Lozano that he met with Larry Keating, in order to review site distance items, which was enumerated in the City Engineer's letter. V/M Massaro said there is an easement under the area where the wall is to be placed, and indicated that they would have the full responsibility if the Utility Department found it necessary to go in. She said they could simply tear the wall down, and then ab- sorb the cost. Mr. Birken said that most of the easements provide going onto the property, without making original restoration. He felt that a letter would be very helpful. Mr. Grossman advised that he would hold the City harmless for any damage, and did send a letter to Larry Keating, in order for the City to get to the utilities. V/M Massaro felt that when a wall is put up, and it is taken down, she felt there was cost attached. It was her feeling that either Mr. Birken prepare, or would require Mr. Grossman to pre- pare an agreement. Mr. Birken was advised that Mr. Grossman is the owner of the property, and will convey it to an Association, which is presently created. It was also noted that the easement was on the plat, but Mr. Grossman indicated that his Attorney will include the restriction in the deed, as to the City having the right to dig up the wall,area, to which the City Attorney concurred. Mr.Birken felt that it should be prepared in recordable form. C/W Kelch felt there should be an understanding for the maintenanCE of the wall, the landscaped area, and the property outside of the wall. She said this should be included in an agreement,,that is prepared. C/M Disraelly advised there was a letter from Dan Carnahan, which was signed by Gene Lozano, and stated that Mr. Grossman was aware that once the wall is constructed, he would hold the City harmless for any damages that may be incurred during future repair of the line. C/M Disraelly further advised that the sign and the land- scaping should be presented to the Beautification Committee, but Council will approve the location. Mr. Grossman indicated that he was going through additional ex- pense, in order to make it just a little nicer, which will be included in the .Association documents. Mr. Birken recommended that the motion include approval of the entrance wall, and conditioned upon Mr. Grossman having a new easement prepared to the City, which would provide that any con- struction or vegetation erected within the easement, would be there, but the City would have the right to remove same, if neces- sary. He also said the revised.site plan could be approved, with -30- 6/11/80 the wall, and subject to the receipt of the easement in recordable form. V/M Massaro MOVED for approval of the revised site plan for the treatment of the entrance wall, subject to the appropriate legal documents, as required by the City Attorney, and subject to his approval. C/W Kelch SECONDED. VOTE: ALL VOTED AYE. 20. Isles of Tamarac - Report by City Manager of discussions with the developer and the County concerning a),roa.d, repair ,And cohst", ction in this area, also b), Letter of Credit. (AGENDIZED BY CONSENT) 'SYNOPSIS OF ACTION:a)Median to be curbed, or trees removed; Letter of Credit released, with conditions.(AGENDTZED BY CONSENT) a) Frank Glusman of G M G Investment Co., indicated they have been working with the County, in attempting to get a portion of McNab Road completed. He noted that discussion was held with Mr. Rushing and Mr. Craven, and resolved the fact that the balance of McNab Road required finishing touches, because it was not graded properly. It was determined that the cost would be approximately $6,800.00, for something that was es- crowed and paid for at the time. He additionally said that the County referenced their letter to Mr. Keating, and then awarded the highest bid. V/M Massaro indicated that she viewed the area this morning, and was aware of an extreme liability, because the median which was created as an entrance, at one time, had a number of large Sabal Palm trees, which were approximately eight to ten inches in diameter, of 50 or more. She additionally felt that the median required curbing, or the trees were to be removed on the north side of the median. She noted that the City Engineer would have to be contacted for the curbing to be constructed, which involved less money than uprooting the trees, and required his approval. The Vice -Mayor requested that the City Attorney put Mr. Glusman on official notice, as related to this action. (Tape (Side b) V/M Massaro then discussed the Letter of Credit, which was a big issue. I#9 Mr. Glusman said the interest involved was a tremendous hardship, with the amount being $284,000.00, which monies were Mr. Schmidt's, and he was speaking on his behalf. Mr. Glusman said that a punch list was given by the City Engineer, which has not been completed. It was his request for Council to reduce the bond, in order for Mr. Schmidt to have some money released. Mr. Glusman said they were waiting for the County to come in and asphalt the road, to which they concurred. Mr. Gross recommended that the bond be reduced immediately to $100,000.0( and during the next two -week period that Mr. Glusman get his engineer to give Mr. Keating a cost estimate, in order to lower the bond, at the next Council meeting, for the amount involved. V/M Massaro suggested a cash bond in the City, rather than leaving a Letter of Credit, which could be wiped out. She also stated that at next regular meeting of 6/25/80, it could be reviewed with the estimated cost, and cost approval by the City Engineer. She felt that the amount could be lowered to $75,000.00, for a cash bond with the City. Mr. Glusman inquired whether the amount would be lowered, if the City Engineer is satisfied as to the leaks in the manholes, and the bids are obtained, to which the Vice -Mayor responded that the bond would be re- duced to the determined. -cost of the repairs, plus a margin of safety of probably 25%. V/M Massaro indicated that the item pertaining to the Letter of Credit, should be noted as Item b), and would MOVE to AGENDIZE BY CONSENT, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. Mr. Schmidt said that it would help him, and he agreed with the decision. V/M Massaro MOVED that the City Attorney, in cooperation with Mr. Frank Glusman, who is acting for Mr. Schmidt, have the Letter of Credit -31- 6/11/80 mr/ released on this project, the Isles of Tamarac. Also, that a sub- stitute bond of $75,000.00 cash be deposited with the City on June 12, 1980, and a list of the required items of correction will be supplied by the City Engineer, with the preparation of a cost estimate on these items. During the meeting following these things being done, the bond will be reduced to the sum that is determined as the cost of these repairs, plus a margin of safety of probably 25%. These monies, she said, will be held until all the work is completed, and approved by the City Engineer and the City Council, prior to any reduction being made. C/W Kelch SECONDED the motion. VOTE: ALL VOTED AYE. 40. Shops of Tamarac - Traffid pattern between the shopping center and the County library - Discussion and possible action. SYNOPSIS OF ACTION: Approved pursuant to Ordinance #80-46. (See page 1) Barry Eden advised that there was no change in the traffic pattern, but a provision was required under the ordinance. He noted that a site plan was previously submitted, but since new entrances have been added, the present plan was updated. C/M Disraelly said that at the time the entrances with ingress and egress were provided,it was also stipulated that beautification would be brought up to standard, and requested a "due -date", because of the poor condition of the existing shrubbery. Mr. Eden said the curbing was installed today, and indicated that two weeks could be considered the deadline for completion of the landscaping, or by July lst, 1980. Mr. Birken indicated this item required a motion approving the traffic circulation, as required by the County. C/M Disraelly MOVED for approval of the traffic circulation, and C/M Zemel SECONDED. Mr. Birken indicated that the City Clerk will certify the motion, in order for presentation to be made to the County by Mr. Eden. VOTE: ALL VOTED AYE. 34. Social Security Benefits - Temp. Reso. #1690 - Discussion and possible action to oppose a proposal limiting the cost of living adjustments in Social Security Benefits. SYNOPSIS OF ACTION: Adopted RESOLUTION NO.R- &-/,�6_'PASSED. The City Attorney read Temp. Reso. #1690, and V/M Massaro MOVED for its approval, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. 35. Florida Turnpike Interchan e in Coral S rin s - Temp. Reso. #1691 - Discussion and possible action to urge the State authorities to con- struct an interchange on Sample Road in Coral Springs. SYNOPSIS OF ACTION: Adopted, as amended RESOLUTION NO. R-,VQ -Z,j6 PASSED The City Attorney read Temp. Reso. #1691, and C/M Zemel MOVED for its adoption, and V/M Massaro SECONDED. C/M Disraelly indicated that copies should be sent to the Florida State Turnpike Authority and the Florida Department of Transportation; with a request to amend Section 3 of the resolution, to which C/M Zemel and V/M Massaro concurred. 1+1OWDE ALL VOTED AYE. -32- 6/11/80 mr/ 39. Tamarac Lakes 1 and 2 - Water and Sewer Developers Agreement SYNOPSIS OF ACTION_ Approved, with receipt of $550.00 check. (See page 1) Mr. Birken advised that Council has the standard agreement, which presently relates to the east side, rather than the west side, and felt that everything was in order. C/W Kelch indicated that the ERC's are available, and is a desirable situation. She MOVED for approval of the Developers Agreement, and authorize the proper parties to execute them, and C/M Disraelly SECONDED. VOTE: REPORTS 36. City Council ALL VOTED AYE., C/M Zemel praised the City Manager for beautification in sections of the City which have been neglected for a long period of time; especially Section 24, where the people have been complimenting the City Council, and it was assumed the Council was handling this. He also said the survey of street signs, their repair and replacement,where necessary, was being handled very well, and was very obvious to the public. He did note that the shrubbery in the area of Lindsley Lumber was in very poor condition, and inquired whether such replacement could be enforced. C/M Disraelly replied that it was included in the Landscape Ordinance requiring such maintenance, to which Mr. Gross advised that the City has been without a Code Enforcement Officer for the past few weeks. The City Manager also stated that two men were hired this day, and another to be hired tomorrow, with the employment date effective as of Monday, June 16th, 1980. C/M Disraelly said that the Police Department received a commendation from Sheriff Butterworth, thanking them for the work accomplished and their participation during the Miami riots. He also felt that Council should advise the Planning Commission, as relates to an item which was presented to them at their May 21st, 1980, meeting, on Board of Adjustment newspaper adds on public hearings. He added that two adds are presently required, and an attempt was made to limit this to one, in order to shorten the time involved, and re- duce the cost for the petitioner. But, he said,it was tabled by the Planning Commission without a time element being involved, for further study of the State Law. C/M Disraelly said the City Attorney has approved this as to its propriety. C/M Disraelly said that it was the consensus of Council that it be done, and he will personally send a letter to the Chairman of the Planning Commission, to have action taken on Temp. Ord. #756. C/M Disraelly said that he wrote a memorandum to the City Manager, which related to the sidewalks on the south side of McNab Road, from 100th Avenue to 88th Avenue, except for 150 feet in front of the canal between two buildings at Lime Bay. He felt there were people who were incapacitated, and there was difficulty in walking. He further added that the cost is $450.00 for Public Works to install the sidewalk. He further stated that the City Manager has shown him a projected Project Status Sheet, which can be signed and dated by everyone, from engineering schematics to the payment of drainage fees. Mr. Gross said this will be prepared for the next Council meeting, to which the Vice -Mayor said it appeared to be too cumbersome. V/M Massaro felt that the dates would be required for the various action, and would be of tremendous benefit for researching the items. V/M Massaro said that she wrote a letter to Mr. Gerren about the three (3) feet of dedication for the Woodlands, and read his response. -33- 6/11/80 mr/ Mr. Gerren replied that Mr. Rushing would be handling the situation. She indicated this involved construction of a planter by the home- owners in a three (3) foot strip from the frontage road, with the City giving such an easement, but maintenance by the Woodlands Home- owners Association. V/M Massaro discussed a letter that the City Attorney sent to Mr. Isidore Michaels, the President of Broadview Utilities, regarding the operation within the City. Mr. Birken responded that a letter was received from the Utility, and they were taking the position that they have a Certificate of Convenience and Necessity from the Public Service Commission, which was sufficient. The City Attorney requested Alan Ruf, the Consulting Attorney, to indicate his, concurrence,,with the Attorney for the Utility. V/M Massaro said that a memorandum was sent to Mr. Gross by Mr.tirken, relating to the K-9 Units, to which the City Manager replied there were no K-9 Units in operation at this time. This, he said, was due to both K-9 Officers having injuries, which is keeping them off the road. She referred to a letter received median on Rock Island Road, south tioned the responsibility of the striping it. The Vice -Mayor said with M-f. Birken. 37. City Manager this day from Mr. Gerren as to the of Commercial Boulevard, and ques- City, as to replacing the median or that she would discuss this further Mr. Gross advised that a memo was written to him, by Mayor Falck, as to the installation of the final section of the sanitary system on the east side. He indicated that a special, assessment district will be investigated for those areas that do not have a sewer system, which is a requirement under the "201" Program. Mr. Gross felt this would be presented to Council within 90 days. It was the opinion of C/W Kelch that grants might be available for sewer systems under the Government programs. C/M Disraelly said that this might be an area where the Block Grant Community people of Tamarac could be requested to meet, and discuss the application for these sewer system surveys. 36. City Council Mayor Falck advised that the Comprehensive Plan Elements will be completed for release the early part of next week. Thereafter, he said, the public hearings will be scheduled during the middle and latter part of July, in order to make the final disposition of this item. He additionally stated that it has cleared the Broward County Planning Council and the South Florida Regional Planning Council, but was being held up by the State; and was being modified as to the comments and recommendations in all three areas. He further noted that July 15th and 29th, 1980, are the dates established for the public Tape hearings. Side #10 C/W Kelch requested the City Clerk to copy notice of meetings to the City Council, as soon as it is available, to avoid conflicts. The Mayor advised that a representative of Equitable Insurance, who handles the investment Contract for the Pension. Plan, came into City Hall, and stated that an arbitrary adjustment was made in the interest factor. This, he said, involved the period from 4/l/80 through 12/31/80 - with interest factor of 15%, instead of the agreed figure of 10.75%; also the period of l/l/81 through 12/31/83 - the interest factor will be 12%, instead of the agreed upon figure of 10.25%. He said that Equitable Insurance was considering discussion of renewal for the contract, which would require changes, because of a defined benefit, instead of a defined contribution type of program. Mayor Falck said that under the contract, it would be their intent to set up reserve and escrow accounts for various stages, such as individuals who are in the 50 to 60 year bracket. He felt that fees -34- 6/11/80 mr/ could be paid to the Actuarial evaluations and recommendations, with the monies being invested by the City. But, he said, that increased interest factors will be of assistance to the City, until the year 1983, when further decisions are required. The Mayor said this plan is realized by the people who are retiring, especially since it has only been in effect for the past five years. 37. Mr. Gross further added to his report, by stating that a memo was sent to the County, as relates to 64th Avenue, with a request that he be contacted as to construction. He said this involves the area of 64th Avenue, from Commercial Boulevard to 44th Street. MAYOR FALCK ADJOURNED THE MEETING AT 6:00 P.M. ATTEST: ASSISTANT CITY CLERK This public document was promulgated $ ,` per copy, to inform the and employees about recent opinions of the City of Tamarac. � \,\ C� i �, t�j at a cost of $ 4-f- 7l,-- , or general public and public officers and considerations by the City Council APPROV D B CITY COUNCIL 0 =167= 6/11/80 mr/