HomeMy WebLinkAbout1980-07-23 - City Commission Regular Meeting Minutes5811 NORTHWEST 88TH AVENUE 0 TAMARAC, FLORIDA 33321
TELEPHONE (305) 722-5900
July 22, 1980
CITY OF TAMARAC
CITY COUNCIL
The Tamarac City Council will hold a Reconvened
Regular Meeting on:
)k July 23, 1980 - Wednesday at 6:00 P.M.[MEE-r,N e0,�! rNu j))
July 28, 1980 - Monday at 9:00 A.M.
in Council Chambers.
Council may consider such other business as may
come before it.
All interested citizens are invited to attend.
MAAILYNBERTHOLF
CITY CLERK
MB/mt
� � r
gyp.
u
P. 0. BOX 250113
TAMARAC, FLORIDA 33320
FIRST CLASS MAIL
CITY OF TAMARAC, FLORIDA
CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, JULY 23. 1980
CALL TO ORDER: 9:30 A.M.
ANNOUNCEklENT OF TIME ALLOCATIONS - MOTIONS TO TABLE - The Chair
at this time will announce those items which have been given a
specific time to be heard, and will entertain motions from
Council, members to table those items which require additional
research. Council may agendize by majority consent, matters of
an urgent nature which have come to Council's attention after
publication of this agenda.
TAMARAC UTILITIES - WEST
1. Operations - Status Report -- Discussion and possible action.
2. Utility Re ulations - Temp. Ord. #791 - Discussion and pos-
sible action to amend Sections 51 and 52 of Ordinance 80-35
and Sections 2 and 4 of Ordinance 80-66, relating to contri-
bution charges and guaranteed revenue provisions. First
Reading.
3. Utility Regulations -- Temp. Ord. #794 - Discussion and
possible action toamend Ordinance 80--35, relating to res-
ponsibility of water lines. First Reading.
4. Force Main - Grant Application - Discussion and possible
action to authorize Williams, Hatfield & Stoner - Consulting
Engineer, to prepare a grant application for an 18 inch force
main.
PRESENTATIONS/AWARDS
5. Employee of the Month - Presentation by Edward Gross to the
Employee of the Month for June.
6. Consent A enda - 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 5/28/80 - Regular Meeting - Approval recommend
by City Clerk.
b) Minutes of 5/30/80 - Special Meeting - Approval recommende
by City Clerk.
1(7/23-pg.2)
(7/23-pgs.8,9)
kppd. on 1st
CZdg .
;7/23-pg.2)
TBLD.9/10
(7/23-pgs.2-8)
Grant applic.
authorized
(7/23-pg.9)
(7/23-pg.37)
(a)Appd.as
amend.
b) Removed for
changes
c) - i)Appd.as
amended
j)Removed &
nppd. as corre(
k) Appd. as
amend._
r � �
PAGE TWO_
c) Minutes of 6/3/80 - Reconvened Regular Meeting - Approval
recommended by City Clerk.
d) Minutes of 6/5/80 - Special Meeting - Approval recommends
by City Clerk.
e) Minutes of 6/11/80 - Regular Meeting - Approval recom-
mended by City Clerk.
f) Alan F. Ruf - Consulting Attorney - 7/18/80 -- $360.00 -
Approval recommended by City Attorney.
g) Shailer & Purdy - Special Counsel - 7/3/80 - $674.58 -
Approval recommended by City Attorney.
h) Williams, Hatfield & Stoner - Consulting Engineer-7/7/80
$100.00 retainer - Approval recommended by City Engineer.
i) Harold's Sales & Service - Fire Department Pumper Truck -
5/13/80 - $16,899.10 - Approval recommended by Assistant
Fire Chief Briant.
j) Apelquist Construction Co. - Fire Department -- $1,000.00-
Approval recommended by Assistant City Manager.
k) Mitchell Ceasar - Grants Consultant - 7/9/80 - $833.33
retainer, and $24.47 expenses - total $857.80 - Approval,
recommended by City Manager.
GENERAL ADMINISTRATIVE/FINANCIAL
7.
Budget Adjustments -- Discussion and possible action on recom-
(7/28 pgs.8,9)
mended transfers from contingency to various departmental
ransfers aPpd.
accounts for the balance of the fiscal year.
8.
School Sidewalk Construction - Discussion and possible action
7/23-pg.38)
concerning installation of sidewalks on the east side of
Appd.with max
80th Avenue from Academy Hills, south to McNab Road.
of $900
9.
Caporella Park - Grant - Temp. Reso. #1731 - Discussion and
7/23-pgs.38,
possible action to authorize the City Manager to accept a
9)RESO.80-180
grant for park improvements and authorize City Officials to
with cond.
execute an agreement with the Department of Natural Resources
LEGAL AFFAIRS
7/28-pgs.1,13)
10.
Siegel Funeral Home -- Litigation - Discussion and possible
To be appealec=
action.
11.
H.L.R., Inc. - Property - Discussion and possible action to
7/23-pgs.l0,11ppd.as
approve an agreement permitting a transfer of density from
amend
Tract 1 to Tract 36 - both zoned R-3.
12. Woodmont North Golf Course - Temp. Reso. #1734 - Discussion
and possible action to correct Resolution No.R-80-34, ap-
proving a Vacation of Covenant.
13. Woodmont North Golf Course - Tem . Reso. #1735 - Discussion
and possible action to correct Resolution No.R--80-56 ap-
proving a Vacation of Utility Easement E--14.
14. Woodmont North Golf Course - Covenant - Discussion and
possible action to approve a Covenant restricting lands to
golf course and clubhouse purposes.
15. Woodmont - Tract 72B (Timber Point) - Temp. Reso. #1732 -
Discussion and possible action to accept a Bill of Sale for
the water and sewer distribution and collection systems.
7/28-Pg.6)
,SO.80-194
ppd.with cond.
(7/28-pg.6)
RESO.80-195
with cond.
(7/28-pgs.6, 7)
App d .
(7/28-pg.7)
TBLD.pending
appv'l. &
C.Eng.recomm.
PAGE THREE.
(7/23-pg.30,
16.
Lime Bay Condominium - Discussion and possible action on:
31 & 7/28-pg9
RESO.80-181
a) Acceptance of an Easement - Temp. Reso. #1733.
a)Adopted
b) Construction of Sidewalks.
b)Appd. at
cost $700
17.
Transmission Antenna - Temp. Ord. #790 - Discussion and pos-
(7/23-pgs•34-
sible action to amend Code Section 5, relating to the height
36)Appd. on
of antenna for amateur radio operators.
lst Rdg.as
amended.
18.
Occupational License_ - Fees - Temp. Ord. #793 - Discussion
(7/23-pg.39)
and possible action to amend Sections 41 of Ordinance 72-29
Aped. on 1st
and Code Sections 14--9 and 14-23, by increasing fees and
Rdg. as amend
penalty provisions. First Reading.
19.
Vacation of Easements and Rights -of --Way - Temp_. Ord. #789 -
(7/23-pg.39)
Discussion and possible action to authorize fees be establishe
ppd_ on lst
by Resolution for Vacation of Easements and Rights -of -Way.
Rdg.
20.
Garbage Collection Contract - Browning Ferris, Inc. - Temp.
(7/23-pg.27)
Reso. #1728 - Discussion and possible action to amend this
RESO.80-186
contract by excluding newspapers from the definition of gar-
bage and trash.
21.
Special Exception Fees - Temp. Reso. #1730 - Discussion and
(7/23-pg.40)
RESO.80-185
possible action to adopt special exception application and
extension fees.
(7/28--pg.11)
22.
State Legislation - "Trim Bill" - Report, discussion and
TBLD. 8/5/80
possible action concerning the effects as they relate to
Spec.Mtg.
Municipal tax adoption procedures.
23.
Executive Airport Expansion - Status Report - Discussion and
possible action.
24.
Private Streets -- Discussion and possible action relating to
(7/23-pgs.18-
20)Appd. as
proposed developments.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
amended
PUBLIC HEARINGS - 2:00 P.M.
25. E. Sartori - Rezoning Request - R-IB to B-2 - Petition #2-Z-80 (7/23-pgs.20,
property located on the south side of Commercial Boulevard, Appd. on
350 feet west of N.W. 31st Avenue by Temp. Ord. #792. First lst Rdg.
Reading.
26. Pension Plan - Temp. Ord. #662 - Discussion and possible (7/23-pg•21)
action to provide for deferral of retirement and establishing ORD.80-81
certain retirement options. Second Reading.
27. Tamarac Jewish Center - Tem . Ord. #777 - Rezoning request
B-6 to I-1 - Petition #15-Z-80, Lots 8, 9 and 10 of Lyons
Industrial Park. Discussion and possible action. Second
Reading.
28. Woodmont North Golf Course - Parcel R-3 - Temp. Ord. #778 -
Rezoning request - S-1 to R-3U - Petition #18-Z-80 - located
at the northeast corner of Tract 47 -- north of 81st Street
and east of 88th Avenue - Discussion and possible action on
Second Reading.
(7/23-pgs.21,
22)
ORD.80-80
(7/23-pg.22
& 7/28-pg.4)
ORD.80-85
29. Woodmont North Golf Course - Parcel R-3 - Temp. Ord. #779 -- (7/23-pg•22
Rezoning request - R--3U to S-1. Petition #19-Z-80 - located & 7/28-pg.4)
at the northeast corner of Tract 47 - north of 81st Street ORD.80-86
and east of 88th Avenue - Discussion and possible action on
Second Reading.
30. Charter Amendments - Temp. Ord. #780 - Discussion and possible (7/23-pgs.22-
24)
action to place Charter Board proposed amendments - relating oRD.80-82
to Chapters 4.04 (Council Compensation) and 8.01 (Charter
Board residency requirements) on the General Election Ballot
in November. Second Reading.
PACF FnTTR_
(7/23-pg.24)
31 Code- d. #781 - Discus- ORD.80-79
o Ordinances - Supplement Temp. Or
sion and possible action to approve the 6th Supplement to the
Code. Second Reading.
32. Special Exception -- Review Fees -- Temp. Ord. #782 - Discussion
and possible action to amend Code Section 28-199 by providing ORD.80-78
that Special Exception application and extension fees shall be
set by Resolution. Second Reading.
33. Newspaper Collection Franchise - Temp. Ord. #787 - Discussion
and possible action to grant non-exclusive collection and re- (7/23--
cycling franchises to MGM Recycling, Inc., and Seaboard Re-
cycling Corp. respectively.
COMMUNITY DEVELOPMENT
34. Tropical Gardens Nursery - Rezoning Request W- from B-6 to A-1 - (7/23-p(J.1)
Petition #11-Z-80 - Discussion and possible action. Temp. Ord. BLD.
#762 - First Reading.
35. Julius Hockman -- Rezoning Request -- Discussion and possible (7/23-pgs•27
action to rezone Lots 1 and 2, Block 4, Lyons Industrial Park 29)
from B-6 to R-5 - Petition #8-Z-80. Temp. Ord. #755. First DENIED
Reading (located on east side of 94th Avenue extending south-
ward 250 feet from 58th Street, across the street from Visual
Graphics Corp.)
(7/27/3-pg3-pg .4U
36.
University Community Medical Plaza -- Discussion and possible
& s.
action to permit the developers of this project to replace the
5,6)
Certificates of Deposit, posted for construction of the sub-
Accepted
division improvements, with a Letter of Credit.
37.
Heftler Homes -- Bond Release - Temp. Reso. #1725 -- Discussion
and possible action concerning release of a performance bond
posted for a street cut across N.W. 81st Street.
(7/28-pg.7)
38.
Mobil Oil Service Station - N.W. 88th Avenue - Temp.Reso.#1726-
Discussion and possible action concerning -a positive drainage
Bond expir.
bond to guarantee construction of a positive drainage system.
determined
y C.Atty.
39.
Brookwood Plaza - Parking Waiver -- Discussion and possible
(7/23-pg.41)
action to rescind Council approval on July 11, 1979, for a
Appd. to
parking waiver of angle parking.
rescind
40.
Greenthumb Garden Center - Discussion and possible action to
(7/28 pg.9,
0)TBLD.9/10
approve a revised site plan.
41. American Video Corporation - Discussion and possible action to (7/23-pgs.17
approve a revised site plan for earth stations. 1$)Appd.withond.
42. Family Mart Plaza - Discussion and possible action on a revised (7/23-pg.33)
site plan for a dumpster enclosure. Appd. with
conditions
43. Coral Gables Federal Savings and Loan Association -- Commercial (7/23-pgs.29
Boulevard at State Road 7 - Discussion and possible action to & 30)Appd.
approve a revised site plan for drive-in teller windows. with cond.
44. Tamarac Gardens - F & R Builders - Discussion and possible
action concerning Model Sales Administrative Offices.
45. Woodmont - Tract 72B (Timber Point) - Model/Sales Administra-
tive Office - Discussion and possible action to approve this
request.
46. Woodview - Tract 38 - Discussion and possible action on water
and sewer developer's agreement.
47. Concord Village I - Discussion and possible action on addendum
to water and sewer developer's agreement.
(7/23-pgs.32
� 33)Appd.
gith cond.
(7/28-pg.10)
PBLD.9/10
(7/23-pg.1 &
7/28-pgs.18,
L9)RESO.80-
L93
(7/23-pgs.11
L2)Appd.
with cond.
M M r
48. Northwood II - Discussion and possible action on:
a) Site Plan
b) Plat - Temp. Reso. #1719
c) Development Agreement
d) Water and Sewer Developers Agreement
49. Spring Lake II - Discussion and possible action on:
a) Site Plan
b) Plat -- Temp. Reso. #1720
c) Development Agreement
d) Water and sewer Developers Agreement
50. Visual Graphics Corporation - Discussion and possible action
to approve this Plat by Temp. Reso. #1718.
51. Garfinkel Professional Building -- Discussion and possible
action on:
a) Site Plan
b) Water and Sewer Developers Agreement
52. Woodmont - Tract 57 - Discussion and possible action on. -
a) Site Plan
b) Plat - Temp. Reso. #1721
c) Water and Sewer Developers Agreement
53. Southgate Gardens -- East - Discussion and possible action on
addendum to the developers agreement for off -site improve-
ments.
54. Woodmont - Tract 58 - Temp. Reso. #1729 - Discussion and
possible action to reduce the drainage performance bond to
25% of actual cost warranty performance bond.
55. Woodmont - Tract 68 and 77 - Discussion and possible action
to authorize the Chief Building Official to issue a permit
for building #1 - prior to plat recordation.
56. Woodmont Country Club - Discussion and possible action on a
revised site plan for a Clubhouse.
57. Woodmont - Tract 62 - Discussion and possible action on:
a) Site Plan
b) Plat - Tem . Reso. #1722
c) Water and Sewer Developers Agreement
58. Woodmont - Tract 71 - Discussion and possible action on:
a) Site Plan
b) Water and Sewer Developers Agreement
(7/23-pgs.12-
L7)Appd. with
onditions
70 i 1 i
7/23-pgs.25-27
�ppd.with cond
(See Item #11)
2ESO.80-183
?Ls amended.
(7/23-pgs.31,
32 & 7/28-pg.
L9)RESO.80-192
with cond.
(7/28-pgs.13,
L4)
%ppd.with cond
%ppd.as amend.
(7/23-pgs.14,
15 & 16)
Appd.with cond
Appd.as correc
Appd.as amend
RESO.80--191
(7/28-pgs.16,
17)Appd.as
amended
(7/23--pg.41 &
7/28--pg. 17)
Appd.with
verification.
(7/28--pgs.17,
18)TBLD. to
8/5/80
(7/23-pg.36)
Appd.with
drainage fee
(7/28-pgs.15,
16)RESO.80-189
Appd.as correc
& amended.
7/28-pg.19)
TBLD.9/10
59. Woodmont Tract 74 and 75 - Discussion and possible action on:(7/28-pgs.20-
23 & 25)
a) Site Plan BLD. to 8/5/8
b) Plat - Temp. Reso. #1723
c) Water and Sewer Developers Agreement
60. Fairways III - Discussion and possible action on:
a) Site Plan
b) Development Agreement
c) Water and Sewer Developers Agreement
d) Landscape Plan
�7/23--pg.1)
BLD.to 9/10
._
61. Tamarac Industrial Park - Discussion and possible action to
approve a water and sewer developers agreement for Lot 5 in
this area.
K.WWZ6_j_1TW
62. City Council
63. City Manager
64. City Attorney
Copies of legislation to be considered are available for reviewing
and purchase in the Office of the City Clerk.
CITY OF TA1 ARAC
MARILYN BERTHOLF, CITY CLERK
PUBLIC HEARINGS/SPECIAL MEETINGS/WORKSHOPS
Monday, July 28, 1980 - 9:00 A.M. - Reconvened Regular Meeting
Tuesday, July 29, 1980 - Public Hearing - 7:00 P.M. -
Comprehensive Plan
"PAaR qTY
/23-pg.9)
ppd. with
and.
(7/23-pgs.41
--o 43)
46a) Woodview - Tract 38 - Acceptance of Easement - Tem . Reso. �17/23,Pg.I,Agen.
#1737 y Cons..Appvd.
65. Discussion and possible action on approval for the Mayor to 7/23,Pg. 42,
attend the Governor's Conference on Aging in Tallahassee in Agen.by Cons.,
September. Appvd. n
66. Modifying Re uirements of_3-Day Notice of Public Hearin - 7/28,Pg.34,
Emergenc Temp. Ord. #796. '1Agen.by Cons.,
Ip,�ts.11.12 Appv
67. Temporary Resolution #1738 - Amending Wastewater Contribu- 7/28,Pg.4,Agen.
tion Charges for Tamarac Utilities - West. Ill.
by Cons.,Pgs.
12. ADvvd.
fib. Emergency Temp. Ord. #797 - Amending Section 51 of Ord.ir80- 7/28,Pgs.11,12,
Agen.by Cons.,
35 -_ ModifyingInterest Charges; _
Appvd.
69. Temp. Reso. #1740 - Includin Council Members in Cit 's I7/28,Pg.13,
Hospitalization and Major Medical Programs. jAgen.by Cons.,
�A2pLd.
59. Woodmont Tract 74 and 75 - Discussion and possible action onff7/28,Pg.20,��
d) Stipulation
Agen.by Cons.,
A vd.w/Cond.
70. Spring Lake I - Release of Certificates of Occupancy -- Dis- 7/28,Pgs.23-25,
cussion and possible action. Agen.by Cons.,
Appvd.
71. Re nest from the Police De artment for three(3) additional
vehicles - Discussion and possible action.
7/28,Pgs. 23-25
Agen.by Cons.,
Appvd„
r
CITY OF TAMARAC, FLORIDA
REGULAR CITY COUNCIL MEETING
July 23, 1980
CALL TO ORDER: Mayor Falck called the meeting to order on Wednesday,
July 23, 1980, at 9:30 A.M., in the Council Chambers.
ROLL CALL: PRESENT: Mayor Walter W. Falck
Vice -Mayor Helen Massaro
Councilman Irving M. Disraelly
Councilwoman Marjorie Kelch
Councilman Irving Zemel
ALSO PRESENT: City Manager, Edward A. Gross
City Attorney, Arthur M. Birken
Ass't. City Clerk, Carol Evans
Clerk/Steno., Mary Tedesco
MEDITATION & PLEDGE OF ALLEGIANCE: Mayor Falck called for a Moment of
Silent Meditation followed by the Pledge of Allegiance. He also asked
that during the Silent Meditation recognition be given to Mr. Al Cochrane,
President of The Little League, who passed away on Sunday.
Mayor Falck reviewed the items scheduled on this day's Agenda. He
stated that Council would recess at 5:00 P.M. for an in-house dinner
and reconvene at 6:00 P.M. He also noted a request to have Item #60 -
Fairways III, held for the meeting of September 10, 1980.
60. Fairways III - Discussion and possible action on:
a) Site Plan
b) Development Agreement
c) Water and Sewer Developers Agreement
d) Landscape Plan
SYNOPSIS OF ACTION: Tabled to Meeting of
0 80.
V/M Massaro MOVED to TABLE the item of Fairways III to 9/10/80
meeting, and C/W Kelch SECONDED.
VOTE: ALL VOTED AYE.
Mr. Birken advised he had received a letter from Mr. Himber asking for
an extension of time on Item #34 - Tropical Gardens Nursery.
34. Trpplcal Gardens Nurser - Rezoning Request - from B-6 to A-1
Petition -Z- 0 - Discussion and possible action. Temp. Ord.
#762 - First Reading.
SYNOPSIS OF ACTION: Tabled by request of
Petitioner.
C/M Disraelly MOVED to TABLE the item of Tropical Gardens Nursery,
by request of Petitioner, for an extension of time, and V/M
Massaro SECONDED.
VOTE: ALL VOTED AYE.
46. Woodview - Tract 38 - Discussion and possible action on water
and sewer developer's agreement.
a) Acceptance of easement - Temp. Reso. #1737.
SYNOPSIS OF ACTION: AGENDIZED
BY CONSENT See minutes o 8/80)
VOTE:
C/W Kelch MOVED to AGENDIZE BY CONSENT Item #46(a) acceptance
of easement - Temp. Reso. #1737, and V/M Massaro SECONDED.
AT.T. VOTED AVF .
on
7/23/80
mt
� r r
TAMARAC UTILITIES - WEST
1. Operations - Status Report - Discussion and possible action.
SYNOPSIS OF ACTION: Reports by Mr. Keating
and Mr. Nolan.
Mr. Keating reported regarding the operations at the Waste Water Plant and said
approximately 40" of rainfall in the past 40 days caused the flows to be high
but the plants operated well without any malfunctions and the regulatory agency
requirements are being met. He stated that due to the high flows he is re-
evaluating the infiltration program and will discuss this with the consultant
to determine if these flows can be reduced before the next season.
Mr. Gross inquired if Mr. Keating had a new schedule on the breakdown of the
plant. Mr. Keating replied that the contract that was authorized by Council
with Boyle Engineering would go into effect on Tuesday, July 29, 1980. He
stated that the plants would be shut down for approximately two to four hours
to install isolation valves in those lines which will allow him to take each
of the plants out of service. He said a week would be required to see that
the flows are down, then the plants would be emptied and he would seek another
contractor to have them cleaned out and, also, to inspect the internal parts
to determine if any additional modifications are necessary. He said the plant
would be down with the diversion from two to four hours with half the project
being done in the morning and the other half at night.
3. Utility Regulations - Temp. Ord. #794 - Discussion and possible action to amend
r finance 80-35, relating to responsibility of water lines. First Reading.
SYNOPSIS OF ACTION: Tabled to 9/10/80
C/M Zemel MOVED to TABLE Item #3 - Utility Regulations - until the first meeting
in September. V/M Massaro SECONDED.
VOTE:
ALL VOTED AYE
4. Force Main - Grant Application - Discussion and possible action to authorize
Williams, Hatfield & Stoner - Consulting Engineers, to prepare a grant appli-
cation for an 18 inch force main.
SYNOPSIS OF
authorized
ACTION: Williams, Hatfield & Stoner
to prepare grant application.
Mr. Gross informed that he had
Consulting Engineers regarding
Mr. Nolan to discuss this issue
additional information and discussions with the
force main modifications in general. He asked
and any future problems involving the City.
Mr. Nolan informed there were three considerations in connection with the financing
of the force main interconnect on Commercial Boulevard over the Turnpike:
1) Generating the funds out of bond proceeds; 2) Generating the funds out of a
system -of revenues; 3) Applying for EPA Grant - 75% Federal Funds for the construc-
tion of this interconnect.
This interconnect would tie the 18" force main that has been relocated in the
construction of Commercial Boulevard east of the Turnpike to that portion west
of the Turnpike. This would allow the City to complete that force main connection
and pump all of the sewage east of 64th Avenue to the County's Regional Pump Station
at Sunshine Plaza. The process may be lengthy, Mr. Nolan said, but it would be
prudent for the City to make the attempt to accelerate EPA's action, as far as
the Grant is concerned. The other portion of the discussion stems from the com-
puter analysis. The pump station force main network in land sections 3, 4, 5 and
6 and a portion of 8 have been the primary efforts during the past few weeks. The
City has 23 pump stations that manifold into one force main that runs down McNab
Road and University Drive into the sewage treatment plant site. The analysis of
the pumping stations was directed towards developer tie-ins to each one of these
pumping stations as they were built with the backbone improvements to insure that
the system was of adequate capacity to handle this progressive development. The
various pump stations in that area are not on line, as yet, and some of them are
indicating difficulty with flow. He had undertaken inspection and review of all
those facilities in the northwest portion of the City to determine what the actual
conditions were.
In trying to get the background data for this computer analysis caused a long
delay in getting the results back but it was Mr. Nolan's judgment that it would
be in the City's best interest to rewrite the computer program rather than use
the existing one on file. He felt that the City could reduce the man and equip-
ment hours effort by approximately 50% saving approximately $10,000. The program
is now live and viable as evidenced by computer output.
-2-
7/23/80
mt
14
He stated they experienced some difficulties in ultimate build -
out with the system as it is now configured. The original con-
cept was changed several times during the course of Behring -
Leadership tenure and, at one point, it was planned that at, or
near, the side of Northwood II a sewage treatment plant would
be built and some force mains were directed in that posture.
Now, since there is a subdivision there we are not going to build
a sewage treatment plant but bring it by virtue of the County's
action into a pumping station that pumps to the County for treat-
ment. Therefore, some of the force mains have to continue to
pump toward the existing sewage treatment plant.
Mr. Nolan said that during the course of the life of the pump
station there are two conditions that are of extreme concern.
One being, when the pump runs all by itself - all the other
stations are off line. Second, when all the pumps run simul-
taneously during the peak flow period. He said with the sizing
of the force main at McNab Road and University Drive, a situation
where all the pump stations run together,creates a friction head
resistance to flow that prohibits some of the pumps from running.
Therefore, it will become necessary to either parallel or replace
the force main at McNab and University Drive to reduce this head.
He suggested paralleling as much as possible. It allows the pump
stations not to be modified, which had been relied upon in the
past, as opposed to the force main for additional flows to the
pumps from each one of the pump stations, leaving the system alone.
The analysis has shown that this is not the most practical way to
handle the problem and he recommended that consideration be given
to increasing the effective size of the force main at University
Drive at point 4 entry. He also suggested increasing that force
main all the way from McNab and University to McNab and 88th Avenue
to 24" to reduce the heads.
C/M Disraelly stated that as land section 6 is built out Mr. Nolan
indicated that originally there was supposed to be a pumping station
in the northwest area. He, therefore, anticipated that the largest
sizes of these pipes or force mains are in that area and from there
going into smaller ones going south. Under the situation that pre-
vails now under the program that will be done by the County those
pipes, in retrospect, should have been reversed - the small pipes
in the west and the larger pipes coming down. He asked, in regard
to the build -out, if the pipes that are in the ground would be able to
handle the situation that develops in land section 6 as build -out
occurs or will it require force main changes.
Mr. Nolan replied that the force main needing consideration for modi-
fication is the one that is common to all of them. Where all of the
flows come together is where the problem is and the condition would
indicate, right now, that about a 300' head is experienced in that
University Drive force main. He stated that the pump has to be able
to pump water 300' straight up in the air, effectively. By reducing
the friction loss in that piece of force main by increasing the pipe
size would be a reduction of approximately 50%. The problem is the
pump stations that have been installed, in the existing areas that
are not being used yet, are submersible pump stations and these do
not have the flexibility that dry pit pumps have. Due to this,the
selection of equipment has caused a traffic jam.
C/M Disraelly asked if changes have to be made in land section 6
in order to pump it back down this way.
Mr. Nolan explained that 88th Avenue, McNab Road, University Drive
corridor that carries all the flow - they all merge. The City
Engineer has expressed concern for flow alternatives which should
be considered.
C/W Kelch inquired if the facts contained in Mr. Nolan's memo of
July 18, 1980 had been altered in any way or are they as he had
anticipated.
Mr. Nolan answered they were continuing to refine their engineering
judgments. He stated their position, at this point, is consistent
with that memorandum.
C/W Kelch asked if Mr. Nolan could give a time frame on when the
City would be faced with the necessity of addressing the force
main changes that are contemplated.
We
7/23/80
mt
� � r
Mr. Nolan said he would be pre-empting the design if he gave
a time frame but he would be prepared at the first meeting in
September to give that information.
V/M Massaro inquired if this work will be done at one time,or
in stages,in terms of service or the net results; and,
further, if a portion can be done to help alleviate
a situation,if it comes to that point, or would it have to be
done in its entirety to be of any value?
Mr. Nolan replied it would depend on the circumstance - anything
done from enlarging the force mains would, obviously, assist in
reducing heads. The important thing that has to be considered
is that it has to be ascertained exactly what has to be done,
ultimately,so that a judgment can be made on which portion has
to be done to alleviate a specific situation as it comes up.
He stated he was trying to go back through the Planning Depart-
ment and actually determine what portion of the ultimate popu-
lation exists in each one of those pump station districts,in
that area,and with that information try and project some kind
of a growth pattern that will tell him how the flows will in-
crease and answer C/W Kelch's question about the time frame.
V/M Massaro asked if the 201 program could affect any of his work,
if they continue with the program and if it is completed in the
time span,and would it eliminate this need.
In reply Mr. Nolan stated he would like to do one further check
in regard to building a regional sewage pump station on Southgate
Boulevard by the outfall pump station #2 as opposed to building
it at the existing sewage treatment plant to see what effect that
would have on any construction that might have to be undertaken
to eliminate the problems that are existing today. The timing
of the County's actions is critical, in this regard and he does
not know if an application has been submitted for the design work
for the lift station that was slated to be built at the City's
sewage treatment plant site,by the County. He said that had to
be expedited so that he could comply with the 201 plan. He also
stated that it was possible that the most beneficial site for
that pumping station is not at the sewage treatment plant site
but someplace up where the system is directed and that, in its.
own right, might alleviate the need for any additional construc-
tion.
Mr. Nolan stated that Mr. Birken had pointed out an interesting
concept; namely, the critical point from the developer's stand-
point is the continuation of the bureaucratic process; the permit-
ting process and approval of plats would facilitate that. He said
it would help the City by about 45 days.
V/M Massaro stated there was quite a loss of money in spite of the
45 days because their fees are not paid at plat approval, they are
paid at site plan approval. She asked Mr. Nolan if he was suggesting
that no site plans be approved.
Mr. Nolan said Council should consider that possibility.
C/M Disraelly questioned Mr. Nolan about McNab Road and stated that
the County is going to stop building McNab Road once a contract has
been let and they are going to run 300' west of University Drive and
asked what effect that would have on Mr. Nolan's plans.
In reply Mr. Nolan said he had a force main that comes down University
and joins with another force main that comes east on McNab at Univer-
sity and then proceeds south. The force main that comes down Univer-
sity is of adequate size - the force main that comes south of McNab
Road needs to be increased in size and that hasn't been considered.
He thought the relocation plans that the County has reflect replace-
ment in kind. He said the 201 plan reflects the force main coming
up University Drive from the area of Sunrise and turning east on
Southgate Boulevard and this plan calls for the County to build and
operate the Regional Pumping Stations. This would give them the
opportunity to build a pump station and a force main in an area that,
effectively,has a minimum of restoration involved since the power
line easement is actually the location of the force main to be put
in there and they wouldn't have to rip up the street.
-4- 7/23/80
mt
'APE #2
V/M Massaro expressed her opinion that she did not think the
plats should be approved because it would eliminate Council's
leverage they would have with that approval. She felt that
Council should take the time between now and Monday's meeting
to consider the items that would be affected and it should be
discussed with the developers and perhaps come to some terms
with them. She said she was not in favor of approving plats
alone.
The Mayor agreed and stated Council would have problems to
cope with regardless of what is done,and that consideration
should be given to projects on which commitments have already
been made and when the Engineering Reports are completed,
Council can make a determination then as to what needs to be
done. He felt that when Council knows what the modifications
are,then they could make the proper determination.
V/M Massaro felt that Mr. Birken could formulate something to
protect the City,and that the developers would agree to, prior
to the meeting on Monday, July 28th.
C/M Disraelly referred to the letter containing a discussion
of contributory charges and asked Mr. Nolan if these figures
were indicative that they would offset the cost of the recon-
struction or upgrading of these mains.
Mr. Nolan said the figures that were used, as far as the cost
of the construction, were just recently received from contractors
that are working on the northern intercepto2 which is the City
of Ft. Lauderdale'slarge force main. The dollar values were
derived, expeditiously, by dividing all the contributory flow in
the force main into the dollar amount. That is subject to review
as to what isexisting and what is contemplated through ultimate
development. He also stated that what he presented to Council
was preliminary information subject to change.
C/M Disraelly asked Mr. Nolan about the figures the V/M referred
to for construction costs by developers and if they were within the
parameters of the numbers given.
V/M Massaro said they did not use figures because it would not be
to the best advantage of the City. She mentioned they were able
to have the developer sign the agreement without the figures.
In reference to Mr. Nolan's letter she felt he meant a percentage
and the only thing he didn't reflect is what that percentage was
because he said the balance of the money was coming from the re-
placement fund.
In answer,Mr. Nolan said he had mentioned the difference between
existing development and ultimate development and he didn't have
the figures for existing development. The other figures he was
going to try to get from the Planning Department and that will
have to be taken into consideration.
V/M Massaro asked if this manner of accumulating the money was
not the same manner which he had discussed previously and that,
also, requires further discussion.
Mr. Nolan replied that the City had to make the decision as to
how they want to apply it, but he had to supply all the facts
so they can make an intelligent decision and he was not prepared
to do this, at present.
V/M Massaro said in the event they wanted to use that method,
could Mr. Nolan provide the percentage derived from the figures
that he did give. She reiterated that he said some would come
from the replacement fund, some would come from those two figures.
Mr. Nolan said,"no", the difference would have to made up and
that is unknown.
The Mayor asked Mr. Keating if he was going to discuss the other
aspect.
Mr. Keating replied that before he was going to discuss the McNab
Road situation he felt he should discuss Mr. Nolan's reference
-5- 7/23/80
mt
about the feasibility of possibly locating the regional pump
station in the Southgate Boulevard area rather than that plant
site. The reason he decided to bring this up was that if the
analysis can be done in a reasonable length of time the County
is currently readdressing the 201 program and it should be re-
quested of the County that they include that item as far as
the re-evaluation of the 201 program is concerned. He said
Council's authorization is required to have the consultant
address that problem immediately. Mr. Keating informed Council
he didn't believe that moving the pump station from the existing
sewage treatment plant site to Southgate Boulevard, from a loca-
tion standpoint, would be of major modification in regard to the
201 program. The concept would be the same and that is what the
EPA is looking for.
V/M Massaro asked Mr. Nolan that if this was done is the City
still facing the same kind of numbers he had referred to and
he replied it was not. He said it was a different problem and
that was the time schedule for the construction of the County
facilities. The V/M asked if this was an unknown factor and
if he was going to try to make a determination. Mr. Nolan said
that if this was a plausible alternative to the ultimate solu-
tion,then the interim solutions do not have to be as drastic
as anticipated.
The Mayor reminded Council about the agreement entered into with
Broward County for the utility relocations on McNab Road in the
area of University Drive. This was just in excess of $100,000
per force main replacements and when that work was done a plan
was drawn up showing replacing the lines with the same pipe size.
Now that this new information is available, he felt Council agreed
it was desirable to put in the pipe size that has to go in now
rather than reconstruct it at a later date. He felt that decision
was also tied in as to whether or not the regional pump station
would be located on Southgate Boulevard or at the treatment plant.
He said a decision had to be made because there was a preconstruc-
tion conference.
Mr. Nolan said the considerations have all carried down to the
existing sewage treatment plant site because that` where the
sewage is being treated. He stated the construction is imminent
and the decision has to be made as to what size pipe ultimately
has to be put in so that the contractor can build it. He said
in order to solve all the problems the first one must be solved.
The Mayor said if the decision is made to change the size of
those lines on McNab Road and University Drive,because of the
amount of change he felt the consultant should review the plans
that Council submitted to the County to make sure that they are
still viable with the new pipe sizes; and" also advise the City in
regard to any price increases or extra costs that would be in-
volved in changing the lines from the existing size that was pro-
posed to a new size that might be proposed.
V/M Massaro asked Mr. Keating and Mr. Nolan if they could find out
from the County what their program is, timewise, because it might
be that the developers would rather pick up that difference and
know that they can proceed if it's an unknown factor when 201 is
going to be completed so that Council could get that additional
capacity from them. She said they could not function with an
unknown factor and questioned at what point is Council's cutoff.
In other words, at what point can the City no longer take addi-
tional sewage to treat. The V/M stated it was important to deter-
mine the size of the pipe, but what is more important is the fact
that the developers must know when the City has to stop them.
Mr. Nolan replied that all along they have considered the completion
of the Commercial Boulevard intersect would give them seven years
of projected growth in the western system of the sewage treatment
standpoint.
Mr. Keating pointed out that there were existing lines that have
a limiting capacity for an amount of sewage that could be pumped
through and he wanted to know if V/M Massaro was asking if it
could be determined at what point that limit would be reached
-6- 7/23/80
mt
L I
M
which means that unless construction takes place development
has to stop.
V/M Massaro also discussed changing the pipes to replace them
with standard pipes that are acceptable and, at this point,
it is unknown what the size should be. She said those are going
to be based on when the 201 completion is made or if it's going
to be done at Southgate Boulevard. She asked if it wasn't going
to be done at a certain timeais the City, in the meantime, going
to reach the point where it would be impossible to treat the
sewage and questioned whether the developer would rather pay
whatever the increase is and be sure he is not going to be held
up.
Mr. Nolan replied that the answer to that question is very closely
tied to the County's plans for completing the 201 as it affects
Tamarac.
C/M Disraelly asked if the existing pipes are of such construc-
tion that if the City goes to Southgate they wouldn't have to be
replaced.
Mr. Keating said the pipes have to be replaced at McNab Road and
University Drive regardless. "We are discussing if they have
to be replaced in the same size or a larger size. The road has
to be torn up in any event,"he said.
C/M Disraelly stated that due to the fact the road has to be torn
up anyway, the difference in cost would be predicated by whether
the pipes were 16"/24" or 12"/24". He said he was under the im-
pression, prior to this discussion, that the road at McNab Road
and University Drive didn't have to be torn up if they went to
Southgate Boulevard. C/M Disraelly asked Mr. Keating to give him
an approximate cost figure and he was informed it was estimated
at $50,000 in pipe size only.
Mr. Keating reported the current cost, with the County work at
the intersection of University Drive and McNab Road, was just in
excess of $100,000 - it was $144,000 total, including waterway.
The force, main work would probably increase by about $50,000.
He also mentioned the preconstruction conference for that work
is in session right now and his Utility Inspector is attending
it. He said he had discussed all this information with the
inspector and told him to let the affected parties know what
discussions are being held at today's Council Meeting and that
they need to put everything on hold until a decision can be reached.
He recommended that the decision should be made to put in the larger
size pipe or hold up the County road construction. Assuming
that decision is made he felt Mr. Nolan should review and revise
the relocation plans and advise the City on the extra cost and the
price increases.
V/M Massaro asked Mr. Nolan if, since the preconstruction meeting
was in session at present, he would be able to obtain the informa-
tion from the County in time to work with these people who are
trying to get their construction underway.
Mr. Nolan replied that all their facilities and services have been
offered to try and accommodate them.
V/M Massaro inquired about the time frame on both of these subjects.
Mr. Nolan said he didn't have any discussions with the County Utili-
ties as far as their attitudes and positions towards the 201 since
the negotiations for the Large Users Agreement and he said he would
stipulate the most important thing to do now is to contact the County
Utilities Department and discuss what time frame they are looking
at from the planning standpoint and also what their considerations
would be as far as possible relocation of that pump station site.
He mentioned that may very well be to their liking, particularly with
the construction that's going on along University, and they may want
to expedite it. He said he would handle this as soon as he gets
back to his office.
-7-
L
7/23/80
mt
� r �
V/M Massaro asked him to coordinate that with whoever is having
the preconstruction meeting. Mr. Nolan stated he also needed
the contractor's input and would get this from whoever was at-
tending the meeting and he would have some idea of the contractor's
scheduling as far as University and McNab are concerned. She
asked Mr. Nolan to get back to Council with a recommendation,
while they were in session, as to what action to take. The Vice
Mayor said she did not want Council to be put in a position where
they should have taken action and didn't.
Mr. Keating informed that the City was replacing water line around
N.W. 70th Avenue and there is some undeveloped property to the east
of that that they are not serving. This is approximately 300' from
the North Lauderdale City limits. He spoke with the Utilities
Director in North Lauderdale and there is a mutual desire to see
a water system interconnect at that point with the City of Tamarac
paying for the construction to the City Limit line and the City
of North Lauderdale paying to their City Limit line. He said
sometimes the plant has to be taken out of service and it is with this type of
interconnect with other cities that keeps the residents supplied
with water during those periods. The cost would probably be in
the area of $10,000 to $20,000 and the safety and convenience derived
would more than repay that cost and Mr. Keating asked that Council
consider adding the interconnect to the work contemplated.
C/M Zemel suggested Council have an opportunity to see the figures
and recommendations in writing and take it up at Monday's Reconvened
Meeting.
C/W Kelch MOVED to authorize Williams, Hatfield & Stoner to prepare
the grant application. C/M Zemel SECONDED.
VOTE:
ALL VOTED AYE.
2. Utility Regulations - Temp. Ord. #791
action to amend Sections 51 and 52 of
2 and 4 of Ordinance 80-66, relating
guaranteed revenue provisions. First
SYNOPSIS OF ACTION
Approved on lst Reading
- Discussion and possible
Ordinance 80-35 and Sections
to contribution charges and
Reading.
The City Attorney read Temp. Ord. #791, and said on June 3rd there
was a discussion concerning Ord. 80-66 and what to do with large
projects, specifically one 800 unit project which was of particular
concern to Council. It was suggested, at that time, to look into
the possibility of handling the question of the 800 unit project
by stipulation and if other large projects came up they would be
considered and a formula determined for dealing with them. After
study and review it was determined by staff it was not advisable
and would not recommend to Council to enter into a stipulation
simply because water and sewer is one area of development where
the Court has been silent and it is the City's position that it
has unfettered discretion and it does not want to abridge the
rights it now has by bringing this area into the realm that is
covered by the court orders of the Leadership Housing Case. The
City is essentially back to a revision of the proposed ordinance.
The document that was distributed to Council has been modified
somewhat, from what prevailed on June 3rd and prior to that date,
in the sense that the time periods have been shortened for pay-
ments and there was one time period where the number of units
was moved forward 25.
V/M Massaro said C/M Disraelly had expressed concern over the fact
he would like to see 75 units or ERC's paid for in the first year
and the developer felt it would be difficult to do this and instead
it was shortened by one full year. Instead of allowing six years
for the program it has been cut down to five years.
C/M Disraelly informed Council, according to his recollection, it
was 50 ERC's the first time and the second was going to be 75 and
then 150's, thereafter. In paragraph 3 on line 14 it says "an
additional 100". It had been 75, at that point, and has now been
increased so that the City is getting paid for an additional 25
a year sooner. It has, therefore, been expedited and 150 is now
being used.
7/23/80
mt
V/M Massaro mentioned that there has been a provision for any
additional amount to the contribution charges and this will be
reviewed again before the second reading so that the new sub-
ject being discussed has been addressed properly. She said
this is referred to on page 2, line 12 and quoted "any increase
in the amount of the contribution charge shall be applicable for
all units for which the contribution charge was not paid in full
prior to the establishment of the increased charge".
C/M Disraelly stated that 25% of the total project has to be
paid for within one year so if it :is an 800 unit project, if itis
larger than 800ahe still has to pay the excess during the first
year over that quantity in order to get 25% in, which would be
a higher figure than the 50 and 1.50.
V/M Massaro said the only difference is that the 25% relates to
a year from the first building permit.
C/M Disraelly MOVED ADOPTION of Temp. #791 on the first reading.
V/M Massaro SECONDED.
VOTE: ALL VOTED AYE.
61. Tamarac Industrial Park - Discussion and possible action to
approve a water and sewer developers agreement for Lot 5 in this
area.
SYNOPSIS OF ACTION: Approved subject to
approval of notary seal & verification
of receipt of check.
Mr. Birken informed that this item is not in sections 4, 5 and 6.
This is an application for a developer's agreement and there is
a provision that if the site plan is not approved, if and when
it is submitted, that they get their money back and no site plan
has been approved. He stated that there may be a question, also,
of the notary seal not being stamped properly and that will be
taken care of before the document is recorded. Other than that
the execution is proper. Under the terms of the developer's
agreement the approval of the agreement does not give any argu-
ment to the developer for a claim of equitable estoppel against
the City. The fact that he can have water and sewer units does
not mean that he is going to be able to build a particular pro-
ject.
C%W Kelch MOVED APPROVAL of the Developers Agreement for water
and sewer connection for Lot 5 of Tamarac Industrial Park subject
to the notary seal and verification that the check has been received
for fees. V/M Massaro SECONDED.
VOTE: C/W Kelch
C/M Zemel
C/M Disraelly
V/M Massaro
Mayor Falck
PRESENTATIONS/AWARDS
- AYE
- Away from dais
AYE
- AYE
- AYE
5. Employee of the Month - Presentation by Edward Gross to the
Employee of tR_eM`on_tH for June.
SYNOPSIS OF ACTION: Presentation made
y Me City Manager to Judy Bernstein
Mr. Gross presented Judy Bernstein with a Certificate of Appreci-
ation and complimentary dinners for two at Trigg's Restaurant.
He also informed her that her name was inscribed on the plaque
which is displayed on the Board at City Hall. He mentioned that
she has been employed for approximately five years and has done
excellent work during that time.
Mr. Birken informed Council that Judy is the best secretary he
has ever seen, and that it was his privilege to have had the
opportunity to work with her.
The Mayor congratulated Judy and expressed his appreciation and
thanked her for the many contributions she made in dispensing
her work efficiently and expeditiously.
7/23/80
mt
TAPE #3
11. H.L_.R., Inc. - Property - Discussion and possible action to
approve an agreement permitting a transfer of density from
Tract 1 to Tract 36 - both zoned R-3.
SYNOPSIS OF ACTION: Approval of Agreement
concerning Tracts 1 & 36 as amended subject
to Broward County ratification.
Mr. Lon Rubin, President of H.L.R. informed Council that
this particular item on the Agenda is a close corollary
to Items 47 and 48 which are the site plan and plat ap-
provals for Tracts 1 and 36. In addition to providing
for a transfer of density between the parcels it also pro-
vides for certain development items which are not, neces-
sarily,called for in the City ordinances or in the stipu-
lation agreement in 4, 5 and 6 but have been requested by
the City which he has agreed to perform. He stated a
particular reference; in addition to the transfer of den-
sity, this agreement states that certain sidewalks will be
constructed even though none are formally required. It
calls for certain park fees, although none are specifically
required under the court order, and calls for certain other
development standards for this area. The basic issue of
this agreement is the transfer of density and H.L.R. is the
developer of both Tracts 1 and 36 and combining the two
parcels, from a density standpoint, they still meet the City
Land Use Plan and all other City and County requirements.
He said one Tract of land was zoned R-3 with extra units
on it.Because of its close proximity to Westwood 24•they
did not want to build two-story' Units which re qucec? thei-
density and another Tract was zoned R-3 but, under the
overall area, was limited to a much lesser number of units.
He said in this particular transfer of density they are not
violating any of the ordinances set down by the City. He
requested to be permitted to transfer excess units which
they are not building in Tract I, adjacent to Westwood
24, to Tract 36 which is located approximately in the middle
of Sections 5 and 6. The City will also pick up some addi-
tional units which are left over and H.L.R. is donating.
C/M Zemel inquired what flexibility zone 61 encompasses.
Mr. Rubin answered that it covers all the land areas in
Sections 4, 5 and 6 under the Browa.rd County Master Land Use
Plan. He also said the City would pick up the right to
move 32 units from place to place if they have the necessity
to do so.
C/W Kelch asked for verification if con
approved under Item (d) and the type of
are contemplating. Mr. Rubin said this
coming up with the approval of the site
those two tracts for which engineering
have been approved by the City Engineer
today within the terms of the Agreement
struction had been
construction they
issue would be
plan and plat on
and development plans
and is before Council
and they correspond.
V/M Massaro informed Mr. Rubin that due to prior discussions
with Mr. Nolan, earlier, some changes may have to be made
concerning charges and there may be an alternative method of
compensating for the additional expenditures that are going
to have to be made by the City.. She then read from page 4, item
7. "Execution of this by H.L.R., Inc. is an acknowledgment
of its obligation to pay an assessment or other appropriate
fee, or charge, for force main upgrading and improvements on
a fair and equitable basis on property to be developed. This
obligation is conditioned upon a recommendation for the assess-
ment or charge by the City's Consulting Engineer following the
study to be undertaken to determine the need for force main
upgrading and improvement."
Mr. Rubin said this was basically the same language agreed to
yesterday but it just broadens it in terms of the nature in
which the City could provide for funds and he agreed with it.
-10-
7/23/80
mt
C/M Disraelly MOVED ACCEPTANCE of the Agreement concerning
Tract 1 and 36 as AMENDED in Section 7 on page 4. C/M
Zemel SECONDED.
V/M Massaro said that page 4, item 7 of the Agreement should
read "Execution of this by H.L.R., Inc. is an acknowledgment
of its obligation to pay an assessment or other appropriate
fee, or charge, for force main upgrading and improvements on
a fair and equitable basis on these and all other properties
to be developed. This obligation is conditions upon a re-
commendation for the assessment or charge by the City's
Consulting Engineer following the study to be undertaken to
determine the need for force main upgrading and improvement."
C/M Disraelly requested an additional amendment be made in
paragraph 7 and 8 to reflect "properties" instead of singular.
Mr. Birken also requested the addition "that the approval is
subject to confirmation or ratification by Broward County".
VOTE: ALL VOTED AYE.
47. Concord Village I - Discussion and possible action on addendum
to water and sewer developer's agreement.
SYNOPSIS OF ACTION: Approved subject to
date verification of original agreement
on Concord II. Check of $100,598 received
for contribution charges for 281 units.
Mr. Rubin informed Council that paragraph 7 of the agreement
requires an amendment identical to the language used in the
agreement on Item 11 on the Agenda.
The City Attorney stated there was a blank on the bottom of
page 1, next to the last line which says "As of date of execu-
tion of this addendum City acknowledges that it may issue
building permits for up to ERC's paid for by developer
to Tamarac Utilities, Inc." HHHems the City had not received
any acknowledgment, therefore, a zero should be entered in the
blank for now and it would still be handled as Mr. Rubin paid.
Mr. Rubin said this relates to the amount of money paid to
Leadership under their agreement to provide the ERC's.
V/M Massaro stated the City has to have a letter. Mr. Rubin
replied they had submitted a check for 154 connections to
Leadership. He also mentioned that Leadership was preparing
the letter which, when they receive it, would be forwarded
to the City. The Vice Mayor informed Mr. Rubin that, for
the time being, a zero would be inserted in the blank and
as soon as the letter was received he was entitled to the
ERC's. She asked Mr. Rubin if he had a check for the interest
payment. He replied he had a check for $100,598.00 for 281
ERC's.
C/M Disraelly asked if this completed all the units. Mr.
Rubin said this was the total amount that was paid to the
City for all the units and he still has to pay Leadership
for the amount due for sewer and water. He also said this
completes all the buildings in Concord Village I and have
now purchased hookups for all the units (543) plus recrea-
tional facilities.
V/M Massaro MOVED APPROVAL of the Addendum to the Agreement
of the water and sanitary sewer collection system original
agreement,and the date of the original agreement is subject
to verification on Concord IT. C/M Zemel SECONDED.
C/M Disraelly questioned how Mr. Rubin arrived at the figure
of 543 units.
Mr. Rubin explained that before the City owned the utility
company an ERC was defined for multi -family purposes as a
percentage, in other words;a single family home was one ERC
and a condominium was 7/10 of an ERC. Therefore, under the
old system with Tamarac Utilities,a 100 unit project in a
condominium you only needed to buy approximately 70 ERC's.
-11-
7/23/80
mt
L- I
7--J
Mr. Rubin stated that under the old system the computation
was different and, at present, it would be impossible to
come up with the 543 figure as it is now. He said ERC
stands for Equivalent Residential Connection and that was
how the 543 was derived. He said now a unit is a unit
and is not an ERC anymore.
VOTE:
ALL VOTED AYE.
V/M Massaro requested the City Clerk to give the check to
the Utility Finance Department.
48. Northwood II - Discussion and possible action on:
a) Site Plan
b) Plat - Temp. Reso. #1719
c) Development Agreement
d) Water and Sewer Developers Agreement.
SYNOPSIS OF ACTION: a)Approved with conditions,
b Approved with conditions, c)Approved with
authorization for signature & amendment by
City Attorney, d)Approved as amended. Resolution R- PASSED.
TAPE #4
a) Mr. Julian Bryan advised Northwood II is also known as
Tract l and is at the S.W. corner of Southgate and Nob
Hill Road. He said this particular Tract is 171 units
of attached one-story villas with a recreation area in
the center. The Planning and Zoning Board has given
preliminary and final site plan approval and preliminary
and final plat approval.
C/M Zemel questioned how close the canal will come to
some of the homes in Westwood 24. Mr. Bryan said it
would be approximately 50' of the rear of one cul-de-sac
home and would go southeasterly into a large canal that
is presently existing across on the east side of 100th
Avenue and Nob Hill Road. He said there is an existing
culvert and they would be adding an additional one in
conjunction with this offsite construction that is al-
ready underway. Mr. Bryan said this canal would probably
feed into the City's Station #2 which is around Section
23. He also mentioned the canal section is completely
interconnected in land Sections 5 and 6.
C/M Disraelly asked if there would be a wall around this
property. Mr. Bryan answered there is a proposed one
in the marketing program and provisions have been made
on the site plan and plat for an 18" wall easement to
meet some concerns of the Building Department. This
wall would be abutting both of the dedicated roadways
at Southgate Boulevard and 100th Avenue. C/M Disraelly
inquired about the maintenance of the landscaping and
who would be responsible for it. Mr. Bryan replied
that in front of a dwelling unit the homeowner is respon-
sible and it is not anticipated that this is common main-
tenance. At the present time, he said, it will be platted
and sold fee simple and it may be possible that Mr. Rubin
could document, in his homeowners association, for main-
tenance.
C/W Kelch stated that this was not traditionally part of
the City's program and should not be assumed they would
take on that responsibility.
After some discussion Mr. Bryan said they were contemplating,
in the homeowners association,a common lawn maintenance
program.
C/W Kelch felt this particular problem should be addressed
because throughout the City there are areas where walls
or barriers are erected and the City cannot assume the
responsibility of maintenance around them.
-12- 7/23/80
mt
W
Mr. Rubin said the City had to determine what its
posture is with regard to this problem.
V/M Massaro said the problem has arisen because of
the wall that was mentioned. She said that without
the wall the homeowners automatically cut the grass.
Mr. Rubin replied they were not legally required to
do so and they are only doing it because they want
to maintain their property in an attractive manner.
V/M Massaro stated that within the City's require-
ments and ordinances they are obligated to do it.
She felt that when a wall is put up they no longer
feel they are required to maintain around it. She
mentioned that when the Isles of Tamarac wanted to
put up a wall,the City requested they incorporate
it into their documents, that they must maintain
the swale, and then approval would be given for the
erection of the wall. The same situation holds true
for Mr. Rubin's request on this project.
C/M Disraelly said this same problem had been en-
countered with a previous developer and now an ulti-
mate decision has to be made to resolve this problem.
Mr. Rubin stated that, in order to clear up this
problem he would accede to Council's request to in-
corporate, in his documents, a maintenance agreement
to take care of the swales, including the area on
Nob Hill Road and Southgate Boulevard.
C/M Disraelly asked Mr. Rubin if he.was purchasing
some of the ERC's from Leadership Housing and he
replied they were buying all of them. Mr. Rubin
also said he has agreements with Leadership Housing
on this Tract and the one coming up next before
Council, whereby they are purchasing their connec-
tions from them.
C/M Disraelly asked Mr. Birken if they were buying
their ERC's from Leadership does the City require
a letter indicating how many were available and how
many they were purchasing. Mr. Birken said they
haven't prepaid for any yet.
Mr. Rubin informed Council they haven't purchased
any ERC's,only reserving them by paying the interest.
C/M Disraelly inquired about the retention area,
drainage fees and parking fees.
V/M Massaro said the retention area is covered by
the lake in Tract 36.
Mr. Rubin answered C/M Disraelly,in regard to the
fees, saying he had a check in the total amount of
$20,346.80 for Tract I broken down as follows:
$16,245.00 Park & Recreation
$ 2,295.80 Acreage Fee
$ 1,806.00 Interest on Utility Agreement
V/M Massaro MOVED APPROVAL of Tract 1, Site Plan,
subject to. -developer agrees to incorporate into the
Homeowners, Association documents the homeowners'
responsibility for cutting the grass on the property
between the wall and the paved area on Southgate
Boulevard and Nob Hill Road and no building permits
will be issued on this project until the Homeowners'
Association document is submitted to the City for
verification. Also that the development review
requirements appear to have been met. C/W. Kelch
SECONDED.
-13- 7/23/80
mt
VOTE: ALL VOTED AYE.
b) C/M Disraelly inquired if each homeowner owns his own
piece of land and also have their own garbage container
for pick up and Mr. Bryan replied yes.
Mr. Birken asked for clarification on the agreement con-
cerning the dedication of the properties to the City but
the Association would maintain it. He said it is shown
on the plat as being dedicated (referring to the little
corner pieces).
Mr. Bryan said that was a requirement of the County
Engineering and Traffic Ways Department where major
traffic ways either intersect or abut the City's internal
traffic way with one of theirs. He said the corners have
to be cut that way, and that is the reason it is reflected
on the plat in that manner.
V/M Massaro MOVED APPROVAL of Plat for Northwood II, incor
porating Temp. Reso. #1719. C/M Disraelly SECONDED.
VOTE: C/W Kelch
- AYE
C/M Zemel
- Away from dais
C/M Disraelly
- AYE
V/M Massaro
- AYE
Mayor Falck
- AYE
c) Mr. Birken informed Council an agreement had been finalized
yesterday, wherein the developer agrees to oversize some
lines and the City agrees to certain reimbursements. He
also pointed out there were indemnification provisions con-
tained therein. Essentially, the City is saying to the
developer that it has no responsibility other than its
own negligence, if any, for the performance of this work
as it affects neighboring residents and Council should con-
sider this fact before taking; action on this agreement.
Mr. Birken inquired if the developer would be going on the
property of other people. Mr. Rubin replied that this work
would be accomplished on the property of homeowners of
Westwood 24 but within the drainage easement at the rear of
the property line. Technically, it is the homeowners pro-
perty subject to the drainage easement. He said the reason
he requested this to be a part of the agreement is because
this is not work he is required to do with respect to the
development of Tract 1. In an effort to cooperate with the
City in trying to solve some of its drainage problems in
Westwood 24 the City Engineer determined it would be more
economically feasible for the City,and also to get the job
done faster, if he oversized some lines and did some work
at the rear of the property line in conjunction with his
work. He said this would accomplish two things. One, the
development of Tract 1,and the solution of some of the
drainage problems in Westwood 24. He stated he told the
City Engineer and the members of Council that he would
cooperate in such an effort, but he did not wish to be
responsible to any homeowner for damage to their property
wherein they would complain to the City.
Due to the drainage experience Mr. Rubin had in Westwood
23,he did not wish to encounter the same problems in regard
to the bond, seals and the withholding of the approvals if
this venture did not produce the anticipated results. He
insisted for his protection, that these provisions be in-
corporated in this agreement.
C/M Zemel objected to the language,in the agreement, on
page 2, paragraph 4 and 5.
Mr. Rubin advised Council that this work wouldn't start
until Broward County approved the plat and approximately
60 to 90 days thereafter. He said there was sufficient
time to do a public relations campaign with the Homeowners
Association to eliminate potentials for problems envisioned.
-14-
7/23/80
mt
J
C/M Disraelly questioned the reimbursement of the
$22,000 and what percentage of the cost of the pro-
ject it was in regard to drainage augmentation. He
also wanted to know what the total cost was.
Mr. Bryan replied that the total cost of the augmenta-
tion is approximately $100,000. He said they didn't
price any of the improvements on the rear of the lots
in Westwood 24 because that wasn't part of the dis-
cussion. In order to clarify, he went on to say they have
an original design that incorporates all the storm
drainage system necessary to drain the public streets
and the lots, and that entire system is integrated within
the public streets of Northwood II and is not integrated
into the existing system. It is completely separate and
would have gone south into that new canal that is being
dug.
TAPE #5 Mr. Bryan explained the cost differential between the
two systems, the system as necessary to serve Northwood
II and a modified system that would pick up the rear yard
drainage in Westwood 24.
C/M Disraelly stated that only one drainage easement was
shown on the site plan and inquired if drainage easements
were required between some of the buildings.
Mr. Bryan stated one was needed between lots 10 and 11 and
between 20 and 21.
Mr. Gene Lozano of Carnahan Engineers stated that the plat
did show those particular easements and he did not have
time to revise the site plan which had already been sub-
mitted when the drainage scheme had been worked out. He
said they had two inlets into the new proposed pipe, which
were not shown, but could be added.
C/M Disraelly said the plat and site plan would have to be
reconsidered due to the fact there were no drainage ease-
ments to.take care of this augmentation.
Mr. Bryan stated that consideration had to be given that
this was something which occurred after the final approvals
and he accepted the responsibility for the oversight.
C/M Disraelly informed Mr. Bryan that the records reflect
that Council had accepted both the plat and site plan and
it was now determined they cannot be accepted.
Mr. Bryan agreed to the addition and it would be done in
the afternoon.
C/M Zeme1 referred to the developers agreement and felt
the City should review it more thoroughly since permits
have been issued on properties with sprinkler systems
and it may present a problem.
Mr. Lozano said he didn't think the City would grant a
permit to allow placement of sprinklers in an easement.
He said he was aware that some problems might arise and
wanted assurance, from the,City, that they would work
together to resolve them.
Mr. Birken expressed his opinion that if someone purchases
property with knowledge of restrictions of record and if
there is an easement, in spite of the fact that a permit
is issued, it does not mean a guarantee that whatever is
placed within the easement would be undisturbed forever.
The terms of the easement would have to be referred to
in order to determine what disposition should be made.
C/M Disraelly addressed Mr. Keating informing him of his
prior inquiry as to who had designed the augmentation and,
it had been indicated that Carnahan Engineers did the de-
signing which had been approved by Mr. Keating and he had
provided the size of pipe for the augmentation program.
-15- 7/23/80
mt
L
C 71
C/M Disraelly asked Mr. Keating how the figure of
$22,000 was derived.
Mr. Keating replied he took the cost of the developer's
drainage system, in that area,as it was originally de-
signed and subtracted the cost of the augmented drainage
system providing a net cost which would come out of the
drainage escrow. He also mentioned that the benefits
to the City were substantial in this agreement.
Mr. Birken said this agreement should grant a temporary
easement to the developer to go unto these properties.
He also mentioned if Council wanted to put anything in
the agreement in regard to restoration of the property
to it's original condition prior to work being performed.
C/W Kelch said a definite commitment should be specified
as to what the City's responsibility and assumption should
be to eliminate any possibility that a property owner could
bring a law suit for liability against the City.
Mr. Birken stated that a judge, having a case of this
nature before him, could very well rule in favor of the
homeowner.
V/M Massaro said the County, just recently, enforced the
the rule that nothing is permitted in an easement. She
said that area is subject to be clear for utilities or
whatever is deemed necessary. The original concept, as
discussed by staff,would be by the City Attorney to create
a notice to each homeowner advising them to remove any-
thing in an easement area and most people would abide.
She felt if this was done ahead of time, and the people
were informed, it would eliminate double work and save the
City approximately $40,000 to $50,000.
C/M Zemel asked the City Attorney if it was a code viola-
tion to plant, construct or bury anything in an easement.
Mr. Birken said he was not aware of any provision in the
code that would address itself to this violation.
C/M Disraelly asked Mr. Keating how the augmentation would
affect Section 24 when the pipes are being put in and if
it had catch basins, at present. He inquired why bigger
pipes are being put in there.
In reply Mr. Keating stated that the consulting engineers
currently redesigned the drainage in all the areas, including
this section. He said the pipes that are being replaced are
in the agreement and would be part of the consultant's work
and would entail 40 to 50 percent of the total work that
has to be done in this vicinity to relieve the northeast
and east portions of Westwood 6.
C/M Disraelly inquired if it would take care of more than
the ten homes in question.
Mr. Keating replied affirmatively and said there were three
different lines that tie in there along the west property.
C/W Kelch asked if Council does not approve this, and the
developer does not agree to perform this work,won't these
easements be violated at such time as the City does the
the work.
V/M Massaro asked for a clarification in regard to the
code violation in respect to someone wanting to use the
easement, to which they are entitled, and have existing
plants there.
51rom
7/23/80
mt
14
Mr. Birken explained that,depending on the terms of the
easement, the party has to comply with the contents of
the language involved.
V/M Massaro asked if the City had the right to remove
anything on the easement and the owner must maintain
it or move it upon request. Mr. Birken replied that was
a fair statement.
C/M Disraelly MOVED the Developers Agreement be ACCEPTED
and the proper people be authorized to sign it. However,
in paragraph 4,that the City Attorney put in some verbiage.
to show that the sod will be replaced so that the rough
ground work will be restored to its original condition.
C/W Kelch SECONDED.
VOTE: ALL VOTED AYE.
VOTE:
C/M Disraelly MOVED the action taken by Council on Site
Plan and Plat of Northwood II and Temp. Reso. #1719 be
RESCINDED. V/M Massaro SECONDED.
ALL VOTED AYE.
Mr. Bryan inquired if Council would
approve the Site Plan and Plat subject to the
notes being added and being submitted to the Community
Development Department.
V/M Massaro MOVED the APPROVAL of the Site Plan of North-
wood II with a 12' easement designation between lots 5 & 6
and 20 & 21 and including any other conditions previously
stated in the Homeowners Agreement. C/W Kelch SECONDED.
VOTE: ALL VOTED AYE.
C/M Disraelly MOVED to ACCEPT Temp. Reso. #1719 and Plat
of Northwood II with the two sheet-s to show a 12' drainage
easement between lots 5 & 6 and 20 & 21. V/M Massaro
SECONDED.
VOTE: ALL VOTED AYE.
d) V/M Massaro MOVED APPROVAL of the water and sewer agree-
ment. C/W Kelch SECONDED.
VOTE:
ALL VOTED AYE.
MEETING WAS RECESSED TO 1:30 P.M., FOR LUNCH.
TAPE #6 MEETING WAS CALLED TO ORDER:
PRESENT: C/W Kelch
C/M Zemel - Absent
C/M Disraelly
V/M Massaro
Mayor
41. American Video Corporation - Discussion and possible action
to approve a revised site plan for earth stations.
SYNOPSIS OF ACTION: Approved subject to
no building permit being issued until
easement is granted in recordable form
for access to canal and to installation
of traffic signs.
V/M Massaro asked Mr. Brundage who the owner of the property
was and he replied "Greenthumb". She also inquired if he
received a letter from them authorizing him to use the property
-17-
7/23/80
mt
r � �
and, if so,.had.he submitted it to the City.
Mr. Greg Darby of Darby & Way stated that he had sub-
mitted copies of a letter from Mr. Biesterfield giving
authorization to American Video to act as their agent.
The Vice Mayor informed Mr. Darby that the City Engineer
suggested, if the "dish" had to go in the front area,
the City be given vehicular access via a formal document
in order to facilitate getting to the easement and canal
area at the north end.
Mr. Darby told the Vice Mayor a separate agreement could
be written and prepared for the City.
V/M Massaro inquired how the City could know the owner
of the property would give his approval.
Mr. Darby suggested this agreement could be a condition
of the City's approval of the earth station antenna.
In answer to C/W Kelch's question he said that the com-
ments and notes requested on the Planning Commission
Report have been taken care of and approved.
C/M Disraelly advised that the Board of Adjustment had
requested beautification on the east and north boundaries
behind this as protection for the people living in close
proximity. He also said he would like, on the site plan,
to have a"Do Not Enter"sign placed at the south end of
the property and another at the northwest triangle to
eliminate people going in the wrong direction. Mr. Darby
agreed to reflect this on the site plan and put up the
signs.
V/M Massaro MOVED APPROVAL of the proposed earth station
antenna as submitted on the site plan subject to no building
permit be issued until an easement has been granted in
recordable form, for access to canal. C/W. Ketch SECONDED.
C/M Disraelly amended the MOTION to include the"Do Not Enter"
signs which are to be reflected on the site plan.
The maker of the MOTION and the SECOND agreed to the amend-
ment.
VOTE: ALL VOTED AYE.
24. Private Streets - Discussion and possible action relating to
proposed eve opments.
SYNOPSIS OF ACTION: Ord. #0-79-26 to be
amen ed to permit private streets under
same conditions as 0-79-26 & eliminate
the number of units per acre.
Mr. Rainey Rissman, the developer of Tracts 74 and 75, said all
of his original plans had showed the inclusion of private streets
that would be maintained within the site plan that is going to be
submitted next week.
V/M Massaro told Council -in negotiating the various subjects re-
garding Mr. Rissman's proposed project, after many meetings with
the Planning Commission, Planner and Staff approval it was real-
ized that before Mr. Rissman could come to any conclusion regarding
his project with staff, the determination had to be made by
Council as to what its views were concerning private streets and
this project fits in with the description of private streets ac-
cording to Ordinance 79-26. Therefore, Mr. Rissman wants Council
to inform him how to make the determination in moving forward with
his project on Tracts 74 and 75.
C/M Zemel entered meeting at this point.
EK:11
7/23/80
mt
L
Mr. Rissman informed Council he,would like to keep the project
entirely self-contained and this can be accomplished with the
security he is providing.
Mr. Julian Bryan informed Council that Tracts 74 and 75 abut a
publicly dedicated street, which is a major thoroughfare within
the Woodmont development, and the additional streets that would
be developed in conjunction with the Tract are internal streets
necessary to serve the condominium living units within the parcel.
He referred to Ordinances 74-57 and 73-30 which appear to have
been agreed to by Leadership Housing. However, they make speci-
fic reference to Section 20-30 of the City Code, which is Ordi-
nance 79-26. He stated they have designed the street network
and prepared all the buildings and their setbacks so that, if
the street is public or private, it still meets all the criteria.
Mr. Birken stated the two ordinances referred to by Mr. Bryan
explicitly prohibit private streets.
Mr. Bryan said Ordinance 74-57 specifies "Every lot or parcel
shall be served from a publicly dedicated street". He mentioned
that 80th Avenue and 78th St. are dedicated to the public and
there has been no subdivision of land within that parcel.
Mr. Bryan said his client was asking for Council's consideration
as to the appropriate method to provide an internal network of
vehicular circulation which would be private and owned by the
Homeowners Association or the condominium, rather than be dedi-
cated to the public and be the maintenance responsibility of the
City. He said Mr. Rissman would comply whether the City amended
Ordinance 79-26 or by acquiesence to the Court Order.
V/M Massaro inquired how many units to the acre are in this pro-
ject.
Mr. Bryan replied it averages approximately 12.71.
C/M Disraelly asked the City Attorney what the City's obligation
was in regard to water -and sewer pipes under private streets.
He pointed out that if the City had no responsibility in this
respect but they still had to maintain them then the question of
private streets would be moot.
Mr. Birken answered that if there was a public easement the City
may still be responsible for their maintenance.and it may be
necessary to review all the regulations in order to make a deter-
mination on this point. His opinion was that the point of con-
nection is where the easement intersects with the private lines.
V/M Massaro asked about through streets and Mr. Bryan informed
her they were not prohibiting anyone from direct access to another
street.
C/W Kelch said if, at any time, the association should decide to
dedicate the streets they would be in such condition that the City
could afford to take them over. Mr. Bryan stated there is a pro-
vision for the City to assume control after proper inspection.
In answer to C/M Disraelly's question about card gates and how
the police, fire department and postal carriers, etc. would be
TAPE #7 able to enter Mr. Bryan stated they intended to have a full
time security guard at the major entry and will be manned twenty
four hours a day. He also said there were two other entries
which were to be card only and are, at least, 24 feet of pave-
ment where the fire trucks could negotiate. All others would
have to go through the guard house.
Mr. Rissman told C/M Disraelly there was an emergency entrance
for the fire trucks to enter and exit.
WIRZ
7/23/80
mt
C/M Disraelly MOVED that no changes be made in Ordinance #79-26.
C/M Zemel SECONDED.
C/W Ketch expressed her opinion in regard to the question of
density and suggested the elimination of this provision in the
ordinance.
The Mayor asked the City Attorney to clarify this point for
Council. Mr. Birken said the item was put on the agenda for
Council to discuss whether or not the regulations would be
modified.
V/M Massaro stated that Mr. Rissman was under the impression
he could have private streets until the developers agreement
was being negotiated. At that time he was informed he had
more than 7 units and the ordinance specifies 7 units or less.
She said he was requesting, at this time, to be allowed to
build at a higher density than is presently permitted. The
Vice Mayor said this was an ideal site which does not prohibit
anyone from being able to use the streets to the best advan-
tage.
VOTE: C/W Kelch - NAY
C/M Zemel - AYE
C/M Disraelly - AYE
V/M Massaro - NAY
Mayor Falck - NAY
V/M Massaro MOVED the Ordinance be amended to permit private
streets under the same conditions as #79-26 and eliminate the
number of dwelling units per acre. C/W. Ketch SECONDED.
VOTE: C/W Kelch
- AYE
C/M Zemel
- NAY
C/M Disraelly
- NAY
V/M Massaro
- AYE
Mayor Falck
- AYE
The Vice Mayor requested the City Attorney prepare the ordinance
for the September meeting.
V/M Massaro further MOVED to AMEND her statement to the City
Attorney and asked that he take appropriate action to prepare
either a stipulation or ordinance so that this project can go
forward. C/W Ketch SECONDED.
VOTE: C/W Kelch
C/M Zemel
C/M Disraelly
V/M Massaro
Mayor Falck
PUBLIC HEARINGS
AYE
- Away from dais
NAY
- AYE
- AYE
The Mayor issued a statement that Petitions 21-Z-80 and 22-Z-80
(William Zani - The Phoenix Co.) for rezoning were advertised
for Hearing before the Planning Commission on July 16 and the
City Council on July 23. He said,that,due to the fact it was
impossible to properly post the property according to law, both
Hearings would be advertised for September.
25. E. Sartori - Rezoning Request - R-lB to B-2 - Petition
-#2-Z-80 property located on the south side of Commercial
Boulevard, 350 feet west of N.W. 31st Avenue by Temper Ord.
#792. First Reading.
SYNOPSIS OF ACTION
Approved on 1st reading.
The City Attorney read Temp. Ord. #792.
Mayor Falck opened the discussion to the public, and closed it
because there were no comments received.
Mr. Birken told Council a development review agreement had been
received from Mr. Sartori and the City Attorney asked Council
to authorize execution and the City Planner was handling it.
He also said this was a standard agreement and could wait for a
second reading if Council wished. He said this is an instrument
-20- 7/23/80
L mt
going from residential to business which is permitted by the
Land Use Plan with a maximum of 10 acres and this is the first
instance in the flexibility zone and the City Planner will be
keeping track of the acreage involved. Mr. Birken advised
all that had to be done is to approve the ordinance and the
agreement could be approved today or on second reading.
C/W Kelch MOVED Temp. Ord. #792 amending prior zoning ordinances
and rezoning certain real property from R-1B to B-2 be APPROVED
on first reading.
C/M Disraelly advised Council, that the Planning Commission was
in favor of the rezoning but they requested that this portion
of property not be developed or sold separately as B-2 but
remain part of Mr. Sartori's total property and the rezoning
is conditioned upon title passing from Mr. Waldman to Mr. Sartori
and will not be effective until such time. C/M Disraelly requested
amending the motion to reflect this condition.
C/W Kelch said they were looking at a zoning change and Counci.l's
only consideration is if it was good zoning and planning. She
said in her opinion, after examination of the property, her motion
to approve the rezoning was stated properly.
V/M Massaro SECONDED.
The City Planner stated the rezoning was in compliance with the
Land Use Plan and, therefore, requires a commercial zoning. He
said the concern of the Planning Commission was the possibility
of selling this piece of property, which is less than an acre,
separately. At the time Mr. Sartori appeared before the Planning
Commission he did not own this small parcel but on the application
Mr. Waldman did sign, representing the owner, that he is in agree-
ment with the petition. Due to this fact, the Planning Commission
felt that approval of the rezoning should be subject to this condi-
tion.
VOTE: C/W Kelch
- AYE
C/M Zemel
- Away from dais
C/M Disraelly
- AYE
V/M Massaro
- AYE
Mayor Falck
- AYE
26. Pension Plan - Temp. Ord. #662 - Discussion and possible
action to provide for deferral of retirement and establishing
certain retirement options. Second Reading.
SYNOPSIS OF ACTION
ADOPTED on 2nd Reading. Ordinance No. 0 p- % PASSED.
The City Attorney read Temp. Ord. #662.
Mayor Falck opened the discussion to the public, and closed it
because there were no comments received.
C/M Disraelly MOVED ADOPTION of Temp. Ord. #662 as revised on
January 25, 1980. V/M Massaro SECONDED.
VOTE: C/W Kelch - AYE
C/M Zemel - Away from dais
C/M Disraelly - AYE
V/M Massaro - AYE
Mayor Falck - AYE
27. Tamarac Jewish Center - Tem . Ord. #777 - Rezoning request
B-6 to I-1 - Petition #15-Z- 0, Lots 8, 9 and 10 of Lyons
Industrial Park. Discussion and possible action. Second
Reading.
SYNOPSIS OF ACTION: ..ADOPTED on 2nd Reading. Ordinance No. 0- PASSED.
The City Attorney read Temp. Ord. #777.
-21-
7/23/80
Mt
J
Mayor Falck opened the discussion to the public, and closed it
because there were no comments received.
V/M Massaro asked that action be withheld until Monday on Items
28 and 29 to enable her to review them.
C/W Kelch MOVED that Temp. Ord. #777 be approved on Second and
Final Reading. C/M Disraelly SECONDED.
VOTE: C/W Kelch - AYE
C/M Zemel - Away from dais
C/M Disraelly - AYE
V/M Massaro - AYE
Mayor Falck - AYE
28. Woodmont North Golf Course - Parcel R-3 - Temp. Ord. #778 -
Rezoning request - S-1 to R-3U - Petition -Z- - located
at the northeast -corner of Tract 47 - north of 81st Street
and east of 88th Avenue - Discussion and possible action on
Second Reading.
SYNOPSIS OF ACTION: Public Hearing held
on 7 - action deferred until 7/28/80.
The City Attorney read Temp. Ord. #778.
Mayor Falck opened the discussion to the public. In answer to
Mr. Schnars inquiry Mayor Falck replied that the public hearing
is being held now but action by Council, as requested by the
Vice Mayor, was being deferred until Monday. Mr. Schnars asked
if this was in conjunction with the other related items. The
Vice Mayor replied they were all going to be held except the
one that has to do with the clubhouse. She said all the others
had been deferred.
The Public Hearing was closed because of no further comments.
V/M Massaro respectfully asked the Mayor to defer this item=
to Monday's Reconvened Meeting. C/W Kelch SECONDED.
The Mayor stated the Public Hearing has been held and Council's
action would be deferred to Monday.
29. Woodmont North Golf Course - Parcel R-3 - Temp. Ord. #779 -
Rezoning request - R- U to S- . Petition -Z- - ocated
at the northeast corner of Tract 47 - north of 81st Street
and east of 88th Avenue - Discussion and possible action on
Second Reading.
SYNOPSIS OF ACTION:
Public Hearing held July 23, 1980 -
action deferred until Monday July 28,
1980.
C/M Disraelly read Temp. Ord. #77.9.
Mayor Falck opened the discussion to the public, and closed it
because there were no comments received.
V/M Massaro respect,.fully asked the Mayor to withhold action on
this Item until Monday's Reconvened Meeting. C/M Disraelly
SECONDED.
30. Charter Amendments - Temp Ord. #780 - Discussion and possible
action to place Charter Board proposed amendments - relating
to Chapters 4.04 (Council Compensation) and 8.01 (Charter
Board residency requirements) on the General Election Ballot
in November. Second Reading.
SYNOPSIS OF ACTION:
Temp. Or., a opted on Second Reading
C/M Disraelly read Temp. Ord. #780.
-22-
Ordinance No. O-$0-BoZ. PASSED.
7/23/80
mt
F - 1
Mayor Falck opened the discussion to the public.
Ms. Melanie Reynolds referred to the two public hearings that
could not be heard today. She stated that those and Mr.
Sartori's were publicized as public hearings, whereas the other
items listed under public hearings were not advertised as such.
They were referred to in the newspapers as a reading; of an
ordinance that had been read before. She stated the Charter
specifies that you must have a public hearing before putting
any amendment on the ballot. She expressed her opinion that
this was not a public hearing for these amendments. The Charter
also says the General. Election is the place to put the amendments
to the Charter. She said Council was not following the Charter
according to its interpretation meaning the Municipal General
Election not the Federal or the State. She did not feel it was
proper to have these items brought up today.
She further stated she was against the issue of salary and felt
that what the Charter Board was proposing was not enough compen-
sation to induce qualified citizens to run for office. She sug-
gested the amendment be turned down.
TAPE #8 After Council perused the newspaper advertisement,th.e Mayor said
he still was going to consider this as a public hearing and if
the attorney rules that there is to be.another public hearing,
another will be held.
Mr. Morris Glicksman referred to C/M Disraelly's reading of
Temp. Ord. #780 and Ms. Reynold's comments and pointed out that
no amount was mentioned regarding compensation and inquired if
it would be specified in the amendment to the Charter Board.
C/M Disraelly replied that the question will appear on the ballot
as,"Shall Section 4.04 of the Tamarac City Charter be amended to
provide that the salary of the Mayor shall be $400 per month and
the salary of the individual Council Members shall, be $300 a month
effective upon passage of this question."
Mr. Glicksman said he was addressing Council on behalf of the
Civic Committee of the Democratic Club of Tamarac in regard to
a discussion they had on the issue of the salaries in question.
He stated that at the inception of the City of Tamarac it was owned
and controlled by the developer and, therefore, did not require
compensation for City Officials. He said the City has grown,in
the interim, and in order to be properly managed it required a
great deal of time and professionalism by the Mayor and Council.
He felt the salaries quoted by C/M Disraelly were totally in-
adequate and disenfranchised everybody but the retired citizen
to run for office. He urged Council to increase the salaries in
order to induce potential candidates to leave lucrative positions
to serve their City in an elective office.
Ms. Virginia Taylor stated,for clarification,that it was the
Charter Board not Council who recommended the change in salaries.
She said each time the Charter Board made an effort to make the
salaries, for Council, commensurate with the work involved the
public rejected any change.
Mr. Morton Student was strongly in favor of an increase in the
salaries of the Mayor and Council.
Mayor Falck closed the discussion because there were no further
public comments.
V/M Massaro said in view of Mr. Glicksman's comments,regarding
the working person being unable to run for Council, she suggested
adding the figure of $20,000 in conjunction with the proposed
amendment to allow the electorate to make a decision.
C/M Zemel felt the figure submitted by the Charter Board and the
amendment to the Charter were reasonable for the time being.
-23- 7/23/80
mt
In time the public may see the wisdom in paying a decent salary
to compensate people seeking office and being able to support a
family.
The Mayor stated that Ms. Taylor's information was realistic
in regard to the Charter Board's decision to upgrade the pay
scale for Council and, at the same time, try to attract other
people. He felt if the wage was increased to accommodate some-
one who had to have a full time _job the electorate would never
approve it. He also mentioned this was the first year the
Council had ever received compensation for their expenses.
At this point Mayor Falck asked the City Attorney whether or not
this was a Public Hearing and if it had been properly advertised.
He mentioned that a Public Hearing had been held and they were
awaiting his opinion and, if he so ruled, another Public Hearing
would be held at a subsequent meeting.
Mr. Birken advised that he deems the advertising to be proper and
it specifically says "interested parties may appear and be heard
with respect to the proposed ordinances in accordance with the
Florida Statute 166.041".
V/M Massaro MOVED Temp. Ord. #780 be APPROVED on Second Reading.
C/M Zemel SECONDED.
VOTE: C/W Kelch
- NAY
C/M Zemel
- AYE
C/M Disraelly
- AYE
V/M Massaro
- AYE
Mayor Falck
- AYE
Ms. Taylor informed Council that whether they had voted for or
against this ordinance,enough time had been allotted so the
Charter Board could put the amendment on the ballot. She also
recommended to the public, for those in disagreement, that they
had sufficient time after the November election to have an
initiative petition signed and the $25,000 figure, or whatever
they wish, can be placed on the March ballot.
At this point the Mayor interrupted the Public Hearing to intro-
duce Mr. Jacob Green, the new Principal of Tamarac Elementary
School.
Mr. Green said he was very honored to be working in the community
of Tamarac and, hopefully, if the Broward County School Board can
serve this community in any capacity, with the Tamarac Elementary
School facility he would be happy to cooperate.
31. Code of Ordinances - Supplement #6 - Temp. Ord. #781 -
Discussion and possible action to approve the 6th Supplement
to the Code. Second Reading.
SYNOPSIS OF ACTION
Temp. Ord. #781 - ADOPTED Ordinance No. D 9-0-V PASSED.
The City Attorney read Temp. Ord. #781.
Mayor Falck opened the discussion to the public, and closed it
because there were no comments received.
C/M Zemel MOVED Temp. Ord. #781 be ADOPTED on Second Reading.
V/M Massaro SECONDED.
The Mayor stated he had contacted Mr. Alper and received no
observations from him, at present, and in the event any are re-
ceived Mayor Falck would discuss them with the City Attorney.
VOTE: C/W Kelch
- AYE
C/M Zemel
- AYE
C/M Disraelly
- AYE
V/M Massaro
- AYE
Mayor Falck
- AYE
-24-
7/23/80
mt
32. Special Exception - Review Fees - Tem Ord. #782 -
Discussion and possible action to amend Code Section
28-199 by providing that Special Exception application
and extension fees shall be set by Resolution. Second
Reading.
Ord. #782 Ordinance No. 0 —'�O - �
SYNOPSIS OF ACTION: T _._ PASSED. „ , ,_._...._
ADOPTED on 2nd reading.
-
The City Attorney read Temp. Ord. #782.
Mayor Falck opened the discussion to the public, and closed it
because there were no comments received.
C/M Disraelly MOVED the ADOPTION of Temp. Ord. #782 on Second
Reading. C/M Zemel SECONDED.
VOTE: C/W Kelch
- Away from dais
C/M Zemel
- AYE
C/M Disraelly
- AYE
V/M Massaro
- AYE
Mayor Falck
- AYE
33. Newspaper Collection Franchise -- Temp. Ord. #787 - Dis-
cussion and possible action to grant non-exc usive collec-
tion and recycling franchises to MGM Recycling, Inc., and
Seaboard Recycling Corp. respectively.
SYNOPSIS OF ACTION: Temp. Ord. #787 - ADOPTED Ordinance No.4—:rO-77PASSED.
Suhlect to receipt of insurance policy.
The City Attorney read Temp. Ord. #787.
Mayor Falck opened the discussion to the public.
Ms. Melanie Reynolds inquired if the people who had been collecting
newspapers in the past had been notified that they must be fran-
chised and must pay a fee to the City. She asked what steps the
City was taking to inform them of the current requirements. In
previous conversation the City had stated that the City Manager
would divide the City into territories.
C/M Disraelly said the major newspaper collectors have been noti-
fied and are aware of the ordinance in effect. He said the divi-
sion into territories would be done if necessary.
The Mayor closed the public discussion because there were no further
comments.
C/M Disraelly MOVED that Temp. Ord. #787 be ADOPTED on second reading.
C/W Kelch SECONDED.
The City Attorney said the contract had been modified for clarity
purposes in paragraph 2 and 4. He also mentioned his only concern
was the insurance from MGM which he had not seen.
C/M Disraelly MOVED Temp. Ord. #787 be AMENDED subject to receipt
of the insurance policy from the insurance carrier for MGM. C/W
Kelch SECONDED.
VOTE: C/W Kelch
- AYE
C/M Zemel
- AYE
C/M Disraelly
- AYE
V/M Massaro
- AYE
Mayor Falck
- AYE
49. Spring Lake II - Discussion and possible action on:
a) Site Plan
b) Plat - Tem . Reso. #1720
c) Development Agreement
d) Water and sewer Developers Agreement
SYNOPSIS OF ACTION: a) approved with conditions,b) approved, c) see
item 11, d) approved as amended. Resolution No.,e-$O /8'3 PASSED.
--25-
7/23/80
mt
L. J
Mr. Lon Rubin stated this project consists of 221 units located
in Section 5 and is a phased development of 49 single family lots
which are in Phase 1 and the remainder of the lots are the higher
density lots similar to Northwood II. The property contains a
3.01 acre retention lake which conforms to the City of Tamarac
requirements for Tract 1 and there is retention left over.
There will be a wall along the east property line on Westwood
Drive and on the north property line on 77th Street. There will
be Homeowners Associations in both phases.
C/M Disraelly confirmed that this is the same situation that
exists in regard to the swale areas and was discussed on Northwood
II.
Mr. Bryan said the master association would have the external
maintenance responsibility and one recreation facility. He
said this was just like Woodmont Tract 73 which was called the
villa parcel and in the single-family detached units the people
only owned the land under the unit and the surrounding land is
under common ownership.
TAPE #9 Mr. Lon Rubin stated the entire plat and site plan are under
consideration for approval, at this time, but they are just going
to do the Phase I improvements, which includes the entire lake.
Under the phasing arrangement the Phase I improvements would be
just bonded, at present, and when the Phase II development is
done they will submit the new engineering estimate and a separate
bond.
V/M Massaro informed Mr. Rubin that since they are on a canal the
City will require a sketch of survey. It has to be excavated
to the property line and the bank must be on his property. The
canals must be opened to the property line regardless of the
retention.
Mr. Rubin informed Council he had a check in the amount of $27,499
which represents the following breakdown:
Park Fees @$95.00 per unit $20,995
Acreage @$130.00 per acre 4,173
Interest on Utility Reservation
(1st month in advance) 2,331
TOTAL $27,499
C/M Disraelly inquired if the lift stations in this area need
upgrading.
Mr. Bryan answered that Exhibit D on the water and sewer agreement
does delineate improvements required, as per the letter from Mr.
Nolan's office. This particular lift station does not have the
pumps installed at the present time and his client would have to
do this work and the reimbursable agreement would have the normal
language. He stated that those pumps may be at Tamarac Utilities
where they were placed after purchase. Mr. Rubin informed Council
they could have the pumps.
Mr. Rubin told Council that the force main situation was agreed
upon and ratified in Item 11.
V/M Massaro MOVED for APPROVAL of the Site Plan for Springlake
II Tract 36 subject to;development review requirements have been
met and a certified physical survey is required. Also subject
to the approval of the County as it pertains to switch of density
and that the City review the documents of the Homeowners Associa-
tion in regard to maintenance, before the first building permit
is issued. C/W Kelch SECONDED.
-26- 7/23/80
mt
Mr. Bryan asked the Vice Mayor to clarify the reference to
sketch of survey. She replied, when the excavation has been
completed a survey is required showing that it has been ex-
cavated to the property line. Within the "as built" a sketch
of survey has to be included. She stated it can be part of
the "as built" providing it`s an actual survey.
VOTE: C/W Kelch - AYE
C/M Zemel - AYE
C/M Disraelly - AYE
V/M Massaro - AYE
Mayor Falck - AYE
b) Plat - Temp. Reso. #1720
V/M Massaro told Mr. Rubin he had been paying $10.50 per month
and part of that money went to Marmon, therefore it should now
be $4.19. Both of these checks are subject to verification and
if he had overpaid it would be refunded or credited for next
month.
C/M Disraelly MOVED APPROVAL of Plat, Temp. Reso. #1720 on
Springlake IT. C/W Kelch SECONDED.
VOTE: C/W Kelch
- AYE
C/M Zemel
- AYE
C/M Disraelly
- AYE
V/M Massaro
- AYE
Mayor Falck
- AYE
d) V/M Massaro MOVED APPROVAL of the water and sewer developers
agreement subject to the language added and approved under
Item #11 and the addition of an addendum to this item. C/M
Disraelly SECONDED.
VOTE: C/W Kelch - AYE
C/M Zemel - AYE
C/M Disraelly - AYE
V/M Massaro - AYE
Mayor Falck - AYE
20. Garba e Collection Contract - Browning Ferris, Inc. - Temp.
Reso. #1728 - Discussion and po`ss`_ibMFHction to amend this
contract y excluding newspapers from the definition of
garbage and trash.
SYNOPSIS OF ACTION: Temp. Reso. #1728 ADOPTED. Resolution No.,e O- PASSED.
e City Attorney read Temp. Ord. #1728.
C/M Disraelly MOVED for. ADOPTION of amending the garbage
contract to include a paper collection unit, thereby,saving
the City Dumping fees, to which the company agreed. C/M
Zemel SECONDED.
VOTE: C/W Kelch
- AYE
C/M Zemel
- AYE
C/M Disraelly
- AYE
V/M Massaro
- AYE
Mayor Falck
- AYE
C/M Disraelly informed the public the City expected the newspaper
collection to start next Wednesday for the entire City, whereas
Browning Ferris, Inc. would reimburse the City $4.50 for every
ton of paper collected. The City would also benefit financially
from the paper recycling company.
35. Julius Hoc-kman - Rezoning Request - Discussion and possible
action to rezone Lots 1 and 2, Block 4, Lyons Industrial
Park from B-6 to R-5 - Petition #8-Z-80. Temp. Ord. #755.
First Reading (located on east side of 94th Avenue extending
southward 250 feet from 58th Street, across the street from
Visual Graphics Corp.).
SYNOPSIS OF ACTION: Temp. Ord. #755
DENIED
-27-- 7/23/80
mt
The City Attorney stated this was read on first reading and tabled,
therefore, it is not necessary to read it again. He also mentioned
there was a question regarding the flexibility zone and a letter
was received from the Broward County Planning Council.
Mr. Anthony Titone represented Mr. Hockman saying this was a
small piece of property that is on N.W. 94th Avenue on the corner
of N.W. 58th Street. He said it is unique in that it is zoned
B-6 and should be on a major arterial roadway, which it isn't.
In fact, N.W. 58th Street will eventually hook into R-IB zoning
and would be a residential street. The property to the north is
B-6, the property on the south is on a major arterial roadway,
being N.W. 57th Street. The property across the street is M-2
zoning, where Visual Graphics is located. Originally his client
proposed going to B-2 zoning and they opted going to R--5 which
is compatible for the area in question and those uses are better
than allowed under B-6 and would make the property more useful,
from his client's viewpoint.
C/M Disraelly expressed concern over spot zoning by taking this
piece of property out of a B-6 area and making it R-5. It also
brings up the question of R-5 being quasi residential if it was
used for the purpose indicated (a retirement home with people
living there) and they would be surrouunded by B-6 on both sides
and also opposite Visual Graphics. It does not seem to be the
most ideal place to have a facility of this sort.
Mr. Titone addressed the question of spot zoning and said this
piece of property does not comply with the City's own zoning
requirements and was improperly zoned to begin with. He stated
it is not on a major arterial roadway and that was the foremost
reason why his client was not entitled to B-2. As far as quasi
residential is concerned they would have the problem of unit
designation and the Planning Commission would have required this
but they are treating it as commercial land.
C/W Kelch stated this was an extremely difficult piece of property
to market and the zoning requested seemed to be the most logical
use for this piece of property. A number of people had contacted
her and are in favor of this type of facility.
Mr. Morton Student spoke in favor of allowing the rezoning.
Mr. Sidney Bass said 94th Avenue is the prime access to three
attractive residential communities - Spyglass, Section 20 and the
new community, Wedgewood. He said these areas had inherited the
Visual Graphics complex and areas zoned B-6 and hopefully, in
the future, Visual Graphics may be landscaped to be more attrac-
tive. In the past, they had vigorously opposed the rezoning
requests made by petitioners of the land opposite Visual Graphics
and Council had recognized their concern for any further blighting
of the area with structures of this type. He felt this was the
wrong site for a retirement home since many of these types of
operations become deteriorated if they do not succeed. Mr. Bass
mentioned he was asked to be the spokesman for Spyglass and they
wished to maintain a degree of beauty and since B-6 zoning pro-
vides for professional offices these would be acceptable because
it would be something the residents needed within walking distance.
He requested Council maintain the B-6 zoning as it exists.
Ms. Melanie Reynolds said it was approximately two years since Mr.
Bass had protested against something that was needed and still is,
such as a motel complex. She felt a retirement home was more ap-
propriate than the appearance of Visual Graphics. Ms. Reynolds
expressed the feeling that an endeavor of this nature should be
encouraged not opposed.
V/M Massaro said Council was aware of the unsightly appearance
of Visual Graphics and were working to achieve results of beauti-
fication. She also understood Mr. Bass's concern for his section
where they felt something might turn out to be objectionable.
V/M Massaro MOVED that Petition #8-Z-80 -- Temp. Ord. #755 - be
DENIED. C/M Disraelly SECONDED.
WIN
7/23/80
mt
J
C/M Disraelly pointed out that the island to the east of this
piece of property is zoned for single-family residential and due
north of Visual Graphics is also zoned single-family. Also, due
north of area in question is zoned R-3. Furthermore, Visual
Graphics has indicated that after their plat is approved they
expect to beautify, at least, the perimeter of that entire project.
Mayor Falck mentioned he had received numerous phone calls and
letters opposing the installation of a facility such as the one
proposed.
TAPE #10 Mr. Julius Hockman informed the Council he has had this property
for several years without benefit of being able to use it or
sell it and inquired how long he had to wait before he could
utilize this piece of land.
Mayor Falck reiterated that Mr. Hockman had purchased the property
for a specific reason or else he was speculating, -
Mr. Hackman said he purchased the property under the zoning R-0
which, at that time, had a double use - office or multiple dwelling.
He said as it is now he can't use it for either purpose.
V/M Massaro stated that since Mr. Hockman had purchased the property
for speculation he had to hold it as long as he reaches the profit
he is seeking.
Mr. Hockman inquired if an office building was a feasible use for
this property today and V/M Massaro answered affirmatively. He
said he had contacted various brokers in the city who reacted
negatively.
C/M Zemel did not object to the type of hotel mentioned in connec-
tion with this petition but was opposed to a convalescent home, a
home for the aged or a home for the infirm. He said that Mr.
Hackman had stipulated at the last meeting that if he was granted
permission to change the zoning this would be a retirement hotel..
The people allowed to live there would be on an annual basis with
facilities for transportation, for meals and entertainment. Only
in that context would he be in favor of rezoning this property.
VOTE: C/W Kelch - NAY
C/M Zemel - NAY
C/M Disraelly - AYE
V/M Massaro - AYE
Mayor Falck - AYE
43. Coral Gables Federal Savings and Loan Association - Commercial
Boulevard at State Road - Discussion and possible action to
approve a revised site plan for drive-in teller windows.
SYNOPSIS OF ACTION: Approved with
conditions.
Mr. Michael A. Shiff represented the petitioner in regard to the
revised site plan to add four drive-in teller window facilities
at Sunshine Plaza area. He said they have complied with the
Planning Commission's requests in their plan.
In response to Mayor Falck and C/M Disraelly's inquiry about a
possible traffic problem at the exit from the teller's windows,
Mr. Shiff stated he would arrange for a sign designating the
proper procedure for exiting. He introduced Mr. Sergio Alfonso
who was the consulting engineer and he, in turn, explained the
traffic pattern and flow.
Mr. Shiff explained some of the suggestions Mr. Alfonso presented
to him. He said the landscaped island would be shaped so that
cars coming south that are not using the bank facilities will be
led in a direction to start the right turn so they do not inad-
vertently go left. Also to move the stop bar about 5 or 6 feet
so it is at the end of the island rather than in the middle. He
said with those corrections there should be no traffic problem.
--29 7/23/80
mt
�1
V/M Massaro asked Mr. Stancoff if his new drive-in remote teller
facilities extended beyond his property line into the new lease
area and what kind of lease he has.
Mr. Stancoff replied that two windows were on his property and
felt four windows were needed to eliminate a stacking problem.
His lease was ready for signing and is awaiting approval from
the City. He said it was a five-year lease with perpetual options.
The only stipulation would be that the present lessors' lease
would expire in the year 2001. In the event they do not pick up
the lease option Coral Gables Federal would terminate their lease
if the said lessors so desire.
V/M Massaro stated if Council approves the revised site plan it
would be with the stipulation that upon termination of the lease
this approval would also be terminated and petitioner would have
to remove whatever they had built on the property. The approval
would be subject to signing of the lease and presenting it before
the permits would be issued. She advised Mr. Stancoff certain
fees had to be paid upon approval and if he was not prepared to
pay, at this time, action would have to be taken at the time of
payment. Mr. Stancoff informed he was prepared to pay now.
C/M Disraelly MOVED APPROVAL of the revised site plan for the
drive-in facilities with the changes made that the beautification
at the west side of the fourth lane be curved at the end and the
stop sign be moved to the end of the lane and an exit sign be
put to direct traffic in the first northbound aisle. Also sub-
ject to lease arrangements and upon its termination this approval
becomes null and void. Permits are to be issued upon receipt of
check and verification of lease arrangements. C/W Kelch SECONDED.
VOTE: C/W Kelch
- AYE
C/M Zemel
- AYE
C/M Disraelly
- AYE
V/M Massaro --
AYE
Mayor Falck
- AYE
V/M Massaro informed Mr. Stancoff the amount of the check was
$1,222.00.
16. Lime Bay Condominium - Discussion and possible action on:
a) Acceptance of an Easement - Temp. Reso. #1733.
b) Construction of Sidewalks
SYNOPSIS OF ACTION: a) Adopted Resolution No. R-D.�� PASSED.
b) Tabled to 7/28/80.
C/M Zemel read Temp. Reso. #1733 by title only.
a) C/M Disraelly MOVED ADOPTION of Tem Reso. #1733. C/M
Zemel SECONDED.
VOTE: C/W Kelch
- AYE
C/M Zemel
- AYE
C/M Disraelly
- AYE
V/M Massaro
- AYE
Mayor Falck
- AYE
b) V/M Massaro requested the City Engineer check as to how the
sidewalks would be constructed and report to Council with the
results before approval. She asked if the engineer approved it.
C/M Disraelly replied he had discussed it with Mr. Keating and Mr.
Pena. He said Mr. Meyers hired Darby & Way to draw up the easement,
since Mr. Pena had a backlog of work, in order to get the work done
before Council recessed for the summer.
V/M Massaro said the sidewalk in Lime B aYis 3' wide and the new one
has to match up with it.
C/M Disraelly said it would come across the canal and then make an
arc to meet that sidewalk.
-30- 7/23/80
mt
I
Mr. Meyers interjected and said it will not come across the canal.
C/M Disraelly said the easement will only go to the west side of
the canal and the City will have to construct the sidewalk across
TAPE #11 it to meet the easement. He mentioned receiving a memo from Mr.
Thissen in which he estimated ten yards of concrete at $45 a yard
and the labor would be $850 and the price from an outside contractor
would be approximately $1,500. In asphalt the figure would be about
$400 in comparison to $650 for concrete. Mr. Thissen said he was
equipped to handle it.
V/M Massaro suggested Council indicate they are in favor of con-
structing the sidewalk and she preferred concrete. All the Council
members agreed unanimously. She requested that the City Engineer
talk to Mr. Thissen and discuss the installation of the sidewalk
and come back to Council with a sketch and recommendation for the
construction.
The Mayor requested Mr. Gross to contact the City Engineer and
return on Monday with results of his investigationfor final action.
This item is to be recalled on Monday, 7/28/80.
50. Visual Graphics Corporation - Discussion and possible action
to approve this Plat by Tem Reso. #1718.
SYNOPSIS OF ACTION: Temp. Reso._ #1718__
Recalled for 80.—
The City Attorney read Temp. Reso. #1718.
V/M Massaro stated before Council considers this item they should
hear what the representative of Visual Graphics had to say about
the landscaping and to request a commitment from them. She also
said they had a serious drainage problem which should be taken
into consideration. The Vice Mayor said that once the plat is
approved they can get permits without coming to Council and, there-
fore, now it is necessary to get a commitment that work will be done.
Mr. Peter Dessert of Gee & Jenson represented Visual Graphics and
informed Council that Mr. Dick Deichmann, Vice President of Finance
of Visual Graphics was in the audience and would answer their questions.
In regard to the drainage he said he has a plan to take care of the
swale eliminating the problem at the entrance which he discussed
with Mr. Keating.
C/W Kelch said she had received input from various people regarding
the safety factor involving the ingress and egress of employees,
thereby causing a traffic hazard. She expressed her concern and
hoped Visual Graphics could come up with a solution.
C/M Zemel also stated he had received complaints from people in
regard to the south entrance which is very narrow. He suggested
closing this entrance to eliminate the traffic hazard existing there.
C/M Disraelly inquired about the easements for utilities and how
they get into the property.
Mr.Birken stated it was not necessary to have easements because
they own all the property. He inquired if the title information
had been updated, since it was a year old.
Mr. Dessert replied that it was approximately three months old and
was updated as far as the Planning Commission was concerned. He
said the title search was done October 31, 1979 and there would be
no problem getting the title company to update it.
Mr. Birken suggested Council may want this for their records since
the County would be asking for it anyway.
V/M Massaro asked Mr. Deichmann what his intentions were in regard
to beautification of this property.
-31- 7/23/80
mt
Mr. Deichmann reviewed some of the background of Visual Graphics
and related that when they had moved into the plant some land-
scaping had been done. At that time the area was rather remote
and it is now being surrounded by residential developments and
he felt they had a legitimate complaint as far as beautification
is concerned. In the discussion he had with the Planning Commi-
sion he assured them his company would beautify the front of
that piece of property. He stated that when a problem is pre-
sented to them they try to cooperate with the City and are working
on the drainage. He said they have authorized their facilities
engineer to draw up a plan and discuss the landscaping with ex-
perts to develop a sketch they could work with.
Also, Mr. Deichmann informed Council that once the problem of
drainage had been solved then they could undertake the beauti-
fication.
V/M Massaro inquired when the drainage and beautification would
be done.
Mr. Deichmann replied that once approval had been received on the
contract it would be approximately a month when they could start
the work. The beautification might cover a three --year span,
roughly, doing the work on a piece -meal basis.
C/M Disraelly referred to a letter dated December 10, 1979 which
the Mayor sent to the Council Members. At that time it was stated
this work would be done within a two-year span. Council felt it
would have been within that time frame and now is extended by at
least six months or more.
The Mayor pointed out that Council was interested in seeing some
indication that this work was commencing.
V/M Massaro said a three-year time frame was not too encouraging
and inquired as to what can be done now.
Mr. Deichmann replied, to C/M Disraelly's question, that it was
their intention to buy the property.
Mr. Gross said other cities have major corporations within their
boundaries and the aesthetic comparison shows Visual Graphics to
be totally lacking in appearance.
Mr. Deichmann responded that the corporations mentioned by Mr.
Gross have a greater degree of financial resources available to
them and Visual Graphics is a relatively small corporation. He
said it was a matter of priority on how their funds are spent and
with the present economic recession it would be unrealistic to
promise that this work could be done in less time than had been
previously mentioned.
Mr. Gross suggested that he, Mr. Cross, Mr. Deichmann and a land-
scape architect get together before Monday to come up with an
immediate plan that wouldn't be too costly to upgrade the beauti-
fication.
The Mayor requested Mr. Deichmann to update the title information
and work with Mr. Gross in order to come back Monday to present
their ideas and solutions. In the event it was not possible to
attain this by Monday then it would have to be taken up in September.
MEETING WAS RECESSED TO 6:30 P.M., FOR DINNER
TAPE #12 MEETING WAS CALLED TO ORDER, ROLL CALL TAKEN, AND ALL PRESENT.
44. Tamarac Gardens - F & R Builders - Discussion and possible
action concerning Model Sales/Administrative Offices.
SYNOPSIS OF ACTION
Approved with conditions.
32-
ME E T'[ r 16 a'& 11 [ n► c e o
7/23/80
mt
I
The Mayor asked Mr. Evan Cross to present this item to Council.
Mr. Cross said this was a standard application for a model sales
trailer except it is not allowed until platted.
Mr. Serafin Leal, Director of Land Planning and Design for Lenziar
Corporation, said it was his understanding in order to start con-
struction of the permanent structures on which the models are
going to be it was necessary to have a recorded plat. He esti-
mated he would have this, from the County, approximately at the
end of August or early September.
Mr. Leal stated he would like to start a sales program mainly for
marketing purposes and the trailer would be on a temporary basis.
As soon as the models are finished the trailer would be removed.
They have completed a preliminary proposed draft of the developers
agreement and upon completion he will submit copies to Council
by Friday or Monday of next week so they can negotiate a final
document. He said Mr. Bryan is working on Tract 18 and 39 for
approximately 600 units. He is also aware that based on the
purchase agreement with Montwood they had a commitment with the
City that by July 31st they were required to pay $130 per acre
of the total property. The check will be submitted next week.
As soon as the plat is recorded he will get the permits and start
construction.
V/M Massaro inquired if Mr. Leal had prepared something for the
right-of-way for the two canals going through his property. She
said without this Council would not even look at this project.
The Vice Mayor stated that previous conversations mentioned cul-
verts and Council wants canals, not culverts, because of the need
for retention.
Mr. Leal said the location of the canals had some implication in
respect to swapping or making further acquisitions for the con-
solidation of those parcels.
V/M Massaro said this was something he had to discuss with the
City Engineer because those outfalls have to be in a location to
be most beneficial.
Mr. Birken informed Council these are explained in the July 31,
1979 agreement with Leadership Housing and there is also an
exhibit (sketch) to that agreement.
C/M Disraelly said there should be some 12' wide handicapped spaces
indicated.
Mr. Birken informed Mr. Leal that a bill of sale, $2,000 cash bond
and right to go on the property were required.
Mr. Leal said he was aware of these requirements but did not bring
them because he assumed the approval would be conditioned upon the
submission of these documents to the satisfaction of the City.
C/M Disraelly MOVED APPROVAL of the trailer as a temporary struc-
ture subject to the application of all of the regulations currently
in force under Ordinance 80--56 before the application will be ap-
proved and the trailer placed on site. A beautification sketch
is to be submitted and the trailer is to be removed by January 1,
1981. C/W Kelch SECONDED.
VOTE: C/W Kelch -
AYE
C/M Zemel -
AYE
C/M Disraelly
- AYE
V/M Massaro
- AYE
Mayor Falck
- AYE
42. Family Plaza - Discussion and possible action on a
revised site plan for a dumpster enclosure.
-33-
7/23/80
mt
SYNOPSIS OF ACTION: Approved,
Revised site plan fee & double
fee to be taken from cash bond
& balance returned.
The City Attorney advised Council that Varsalona Restaurant
gave the City $300 in cash, to hold, at the time the certi-
ficate of Occupancy was issued. They wrote a letter that a
portion of that money should be applied towards the fee for
the revised site plan.
V/M Massaro said as long as they do the work there is no reason
the City should hold this money.
Mr. Cross informed Council there is an existing dumpster which
is not on the site plan and there was a question if they had
the authority to build it. He said it was not built according to
the City ordinance code.
C/M Disraelly enumerated the various violations and it is located
in what had been one of the loading zones. Council has a memo-
randum from the Chief Building Official indicating that the passage-
way is wide enough but any truck that is unloading now has to be
outside of the loading zone in the traffic pattern.
C/M Disraelly said the owners of the plaza have made arrangements
with the manager of the Family Mart Store to be responsible for
maintaining the cleanliness of the area. Family Mart is going to
bill the owners of the shopping center for the costs involved.
V/M Massaro said that situation existed before Council was aware
of the problem and the ordinance was passed requiring the side
door during the time they were constructing the dumpster.
C/M Disraelly stated they should be charged a double fee for not
taking out a permit.
V/M Massaro MOVED to permit the dumpster enclosure to stay and
the Chief Building Official is to charge them a double fee for
not having taken out a permit, as required. C/M Disraelly
SECONDED.
VOTE: C/W Kelch -
AYE
C/M Zemel -
AYE
C/M Disraelly -
AYE
V/M Massaro -
AYE
Mayor Falck
- AYE
V/M Massaro MOVED to AMEND the motion that the double fee charge
for the dumpster enclosure and the charge for the revised site
plan be taken from the $300.00 cash bond and the balance returned
to the owners of the Varsalona Restaurant. C/W Kelch SECONDED.
VOTE: C/W Kelch - AYE
C/M Zemel AYE
C/M Disraelly - AYE
V/M Massaro - AYE
Mayor Falck - AYE
17. Transmission Antenna - Temp. Ord. #790 - Discussion and
possible action to amend Code Section 5, relating to the
height of antenna for amateur radio operators.
SYNOPSIS OF ACTION: Temp.Ord. #793
Approved on Ist reading � removing
word "aesthetics".
C/M Disraelly read Temp. Ord. #790 by title only.
C/M Disraelly informed Council he had asked this ordinance to be
written based on requests from members of the licensed amateur
radio operators of Tamarac who felt that the present ordinance of
30' maximum height was insufficient for use of their ham operation
during emergency periods. The existing ordinance also requires
that antenna had to be attached to the rear or side wall of the
house.
-34- 7/23/80
mt
I
C/M Disraelly went on to say under today technology there are
free standing antennasthat are more efficient and require better
placement than the ordinance specifies. Many can also be raised
and lowered and all these facts were taken into consideration in
his proposal of this new ordinance. The changes consist of per-
mitting free standing antenna subject to location approval of the
Chief Building Official with the determination to be based on
proximity of the neighbor's buildings, vegetation, aesthetics and
wind factor. The present ordinance retained the height of 20'
for standard TV or radio, 30' for licensed CB operators and 45'
for licensed amateur radio operators. However, he suggested an
amendment in regard to ham operators that when they are not in
use the free standing antennas be retracted to a mini.rm= height of
30' and extended to 45' when in use.
Mr. Sam Ellnerstated his qualifications as an amateur operator
and thanked the Planning Commission and Council. for their devo-
tion to upgrading the ordinance.
Mr. Ellner said it was unnecessary and impossible to retract the
antennas to 30', as C/M Disraelly stated, since these are not
motor driven but handcranked. In case of a hurricane the opera -
TAPE #13 tors would automatically lower them to 20'. After reading the
Temp. Ord. #7901,he said the 45'to 50' height would solve the
problem but suggested a change in the ordinance in Section 5-4
entitled "location and placement", and requested the word "aesthetics"
be eliminated from the last sentence since it was not in the Chief
Building Official's province to make this decision.
The Mayor told Mr. Ellner he thought the purpose of this change
was to provide increased service in the event of a hurricane
emergency but according to Mr. Elner's statement that in the
event of high winds the antenna would be retracted. He asked
how it would be possible to improve range, under that condition.
Mr.'Ellner replied he was against retracting at all and did not
feel it was necessary.
C/M Zemel stated the during and after an emergency an amateur
radio is very important. In the City of Tamarac there are amateurs
who have retractable tower antennas and it doesn't present any
problem. He expressed his feeling that a 30' antenna that can be
extended to 45' would be sufficient and acceptable.
According to Mr. Elln-r at least 75% of the existing antennas are
permanently attached to the facia and are non -retractable. He
said it would be physically impossible for him to hand crank his
antenna due to a heart condition and motorized ones are too ex-
pensive.
V/M Massaro felt that this ordinance should be taken under advise-
ment and considered after the August vacation for a solution.
C/M Zemel and C/M Disraelly stated that the 30' for the CB's still
applies. C/M Zemel said he was in favor of having the ordinance
modified or amended to allow free standing antennas with crank
devices allowing for a 45' extension and retraction when not in use.
C/W Kelch commented that she agreed with Mr. Ellner in regard to the
elimination of the word "aesthetic" because it is questionable in
the Courts of law and could not be defended. She felt Council was
interested in safety factors and the application for those who are
not "hams". She also recognized the value of the objection that
was raised regarding retraction of the antennas.
C/W Kelch MOVED to PASS Temp. Ord. #790 on first reading and the
second reading to be in September. Also eliminating the word
"aesthetic" on page 5, line 27 and line 2 and to not indicate,
at this time, the addition of the retraction to 30" when not in
use. C/M Disraelly SECONDED.
Mr. Herb Bernstein inquired how the height would affect people who
want antennas attached to the facia or side of the building.
C/W Kelch read from Section 2, paragraph 1 explaining the height.
-35- 7/23/80
mt
In addition the City has added, in the previous paragraph entitled
"location and placement", a provision to the ordinance permitting
free standing antennae. It would not affect the height of the one
presently permitted and can be 45'.
Mr. Harold A. Jordan of Section 6 informed the Mayor,in regard to
interference from "ham" operators, the Broward Amateur Radio Club
has a TVI Committee which would locate the party causing the prob-
lem and resolve this situation. He also did not agree with the
30' height for antennas.
Mr. Max Welner stated he was in the field of communications for
approximately 35 years and, in the past, has cooperated with the
City of Tamarac whenever he could. He offered to help in any way
he could and asked that the City be considerate of the needs of
the amateur radio operators.
VOTE: C/W Kelch
- AYE
C/M Zemel
- AYE
C/M Disraelly
- AYE
V/M Massaro
- NAY
Mayor Falck
- NAY
The Mayor reported that the second reading would be held on
Wednesday, September 10, 1980 on C/W Kelch's motion and could be
changed and modified at that time.
56. Woodmont Country Club - Discussion and possible action on a
revised site plan for a Clubhouse.
SYNOPSIS OF ACTION: Approved - drainage
retention fee to Fe paid @$130 acre for
clubhouse site only.
Mr. Evan Cross stated the location sketch and building drawings
for the new country club meet all of the qualifications that
staff is concerned with.
Mr. Schnars said the original clubhouse was approximately 40,000
square feet and the new one will be approximately 30,000 square
feet. He said the difference in size was due to the cart storage
now being in the maintenance area. He mentioned that the existing
trailers would be eliminated when this is built.
C/W Kelch inquired if the committee from the club,that was working
with the owners to achieve a clubhouse they desired, had been con-
sulted regarding the plan being submitted.
Mr. Steve Epple replied a committee had been formed and are working,
primarily,on the interior design. The clubhouse design is within
80% of being identical of what was present previously.
C/W Kelch asked if this was a safer building than the prior one.
Mr. Epple answered it has a fire sprinkler system that is three
levels thick and some of the roofing materials have been changed
and the column materials were changed to make it as close to a
fire -proof building as possible.
C/M Disraelly MOVED the ADOPTION of the site plan as presented.
C/W Kelch SECONDED.
V/M Massaro informed Mr. Epple he would be required to pay a fee
of $130 per acre on the actual site of the clubhouse, for the
drainage.
VOTE: C/W Kelch
- AYE
C/M Zemel
- Away from dais
C/M Disraelly -
AYE
V/M Massaro
- AYE
Mayor Falck
- AYE
-36- 7/23/80
mt
TAPE #14 6. Consent Agenda
a) Minutes of 5/28/80 - Regular Meeting - Approval recom-
mended by City Clerk.
b) Minutes of 5/30/80 - Special Meeting - Approval recom-
mended by City Clerk.
c) Minutes of 6/3/80 - Reconvened Regular Meeting - Approval
recommended by City Clerk.
d) Minutes of 6/5/80 - Special Meeting - Approval recom-
mended by City Clerk.
e) Minutes of 6/11/80 - Regular Meeting - Approval recom-
mended by City Clerk.
f) Alan F. Ruf - Consulting Attorney - 7/18/80 - $360.00 -
Approval recommended by City Attorney.
g) Shailer & Purdy - Special Counsel - 7/3/80 - $674.58 -
Approval recommended by City Attorney.
h) Williams, Hatfield & Stoner - Consulting Engineer -
7/7/80 - $100.00 retainer - Approval recommended by
City Engineer.
i) Harold's Sales & Service - Fire Department Pumper Truck -
5/13/80 - $16,899.10 - Approval recommended by Assistant
Fire Chief Briant.
j) Apelquist Construction Co. - Fire Department - $1,000.00 -
Approval recommended by Assistant City Manager.
k) Mitchell Ceasar - Grants Consultant - 7/9/80 - $833.33
retainer, and $24.47 expenses - total $857.80 - Approval
recommended by City Manager.
SYNOPSIS OF ACTION: a) Approved as amended;
removed for c anges; c) through i) approved
as amended; j) removed and then approved as
corrected; k) Approved as amended.
C/M Disraelly requested the minutes of 5/30/80 be removed due
to changes to be made. Also j) be removed due to an accompanying
note.
C/M Disraelly MOVED to approve the minutes as amended except
item b) to be handled separately and item j) to be handled separately.
V/M Massaro SECONDED.
VOTE: C/W Kelch - AYE
C/M Zemel - AYE
C/M Disraelly - AYE
V/M Massaro - AYE
Mayor Falck - AYE
C/M Disraelly recommended item b) be held until they are returned
by the City Clerk. Also on item j) he requested input from the
Assistant City Manager.
Mrs. Stuurmans informed Council she addressed a memo to them yes-
terday indicating there was an amount,for an electric bill in
dispute, of $115.63 and Apelquist was meeting with the City within
the next week to discuss it. It is the City's posture that they
are responsible for the first electric bill. She recommended that
Council not withhold payment of the balance of $884.36 and asked
for permission to pay this amount.
C/M Disraelly MOVED that the Apelquist Construction approval be
for $884.36 instead of $1,000.00. V/M Massaro SECONDED.
VOTE: C/W Kelch
- AYE
C/M Zemel -
AYE
C/M Disraelly --
AYE
V/M Massaro
- AYE
Mayor Falck
- AYE
C/M Disraelly MOVED to withhold the minutes of 5/30/80 until
changes are made. C/M Zemel SECONDED.
VOTE: C/W Kelch
- AYE
C/M Zemel
- AYE
C/M Disraelly
- AYE
V/M Massaro
- AYE
Mayor Falck
- AYE
-37- 7/23/80
mt
LJ
ad
8. School Sidewalk Construction - Discussion and possible
action concerning installation of sidewalks on the east
side of 80th Avenue from Academy Hills, south to McNab
Road.
SYNOPSIS OF ACTION: Approved with
maximum of 0 ; City Manager to
check with County on less cost.
V/M Massaro inquired if anyone had determined the amount of
footage involved. The Mayor replied that the July 17th memo
covered that point - 300' for a total cost of $900.
Mayor Falck asked Mrs. Stuurmans where the $90.0 would come from.
She replied there were two possibilities; from capital reserve
by approving the expense from there or from contingency. There
are areas in capital reserve that have been underexpended this
year.
C/M Disraelly asked Mrs. Stuurmans if it could originally come
out of the public roads funds. In reply she said she would
have to look at their budget and there was that potential. He
said until that is depleted to take it out of that fund. She
also mentioned their asphalt paving account in streets and drains
has been depleted due to the slurry seal program commitment.
V/M Massaro questioned whether the County had been asked what
they would charge for this work.
The Mayor stated this item should be approved and have the City
Manager check with the County to determine if the work could be
done for less money.
Mrs. Stuurmans reported that the City Clerk indicated that last
year the County charged the City $1.00 per lineal foot.
C/M Zemel MOVED to authorize the City Manager to proceed with
the work that has to be done to lay the 300' of sidewalk on 80th
Avenue at a maximum cost of $900 subject to checking with the
County to determine if they would do the work at a lower cost.
C/W Kelch SECONDED.
VOTE: C/W Kelch
- AYE
C/M Zemel
- AYE
C/M Disraelly
- AYE
V/M Massaro
- AYE
Mayor Falck
- AYE
9. Caporella Park - Grant - Ted. Reso. #1731 - Discussion and
possible action Eauthorize the City Manager to accept a
grant for park improvements and authorize City Officials to
execute an agreement with,the Department of Natural Resources.
SYNOPSIS OF ACTION: Approved with conditions. TempPASSED.. Ord. i�1731. Resolution No. - d�-/ O
The City Attorney read Temp. Reso. #1731,
Mr. Birken mentioned that the City is allowed to charge fees but
can't differentiate between city residents and non -city residents.
Also certain reports the City has to make periodically and staff
is aware of this and will handle them.
C/M Disraelly referred to the fishing pier and inquired who was
going to design and construct it.
The City Planner replied it was on the site plan and was submitted
with the grant. He said they already have the specifications from
Cypress Creek Commons and this fishing pier is similar. It cost
the City $5,000 to build the fishing pier at Cypress Creek Commons.
C/M Disraelly inquired if a budget adjustment was required or if
it was included in the 1980/81 budget.
Mr. Cross said the City was responsible for $6,944 and stated they
had until September.l7,-1982 to complete this.
C/M Disraelly MOVED the adoption of Temp. Reso. #1731 adding to
Section 1 the amount of $56,944 to come from the Parks and Recrea-
tion fund during the budget year 1980/81. C/W Kelch SECONDED.
Sm
7/23/80
mt
VOTE: C/W Kelch
- AYE
C/M Zemel
- AYE
C/M Disraelly
- AYE
V/M Massaro
- AYE
Mayor Falck
- AYE
18. Occupational License - Fees - Temp. Ord. #793 - Discussion
and possible action to amend sections 41-oo"Trdinance 72-29
and Code Sections 14-9 and 14-23, by increasing fees and
penalty provisions. First Reading.
SYNOPSIS OF ACTION: Temp. Ord. #793
Approved on 1st reading with amendments.
The City Attorney read Temp. Ord. #793 by title only, with changes.
He said the Trim Bill permitted the cities to increase occu-
pational license fees. It is on a sliding scale, depending
on what the fee was before, and this ordinance increases the
maximum permitted by the Trim Bill.
V/M Massaro inquired what the maximum is allowed by law.
The City Clerk replied 100% up to $100; 50% from $101 to $300;
over $300 is 25%.
C/M Disraelly said on the page 26, line 15 change the word to
"taxes" instead of taxed. On page 25, line 21 to 31 should be
deleted. What is number 2 should be (c). On page 24, Section
42 should also be deleted.
V/M Massaro MOVED that Temp. Ord. #793 be approved as amended.
C/M Disraelly SECONDED.
VOTE: C/W Kelch - AYE
C/M Zemel - AYE
C/M Disraelly - AYE
V/M Massaro - AYE
Mayor Falck - AYE
The City Attorney reminded the Council and City Clerk that under
the statute there has to be at least fifteen days public notice
between first and last reading and the notice must contain the
proposed classifications and rates applicable to the occupational
license tax.
V/M Massaro if businesses were being thoroughly investigated to
determine if they had occupational licenses and what the procedure
was in making this determination, since she felt some places were
being overlooked.
The City Clerk informed the Vice Mayor that Mr. John Glynn made
daily routine checks personally according to street maps.
19. Vacation of Easements -and Rights -of -Way - Tem�Ord. #789 -
Discussi-onan-d possible action to authorize fees e��`estab-
lished by Resolution for Vacation of Easements and Rights -
of -Way.
SYNOPSIS OF ACTION: Temp. Ord. #789
Approve on st reading.
r
The City Attorney read Temp. Ord. #789 by title only.
C/M Disraelly said this was discussed at a prior meeting and it
was realized that there were no fees for the processing and,
therefore, MOVED for adoption of Temp. Ord. #789. V/M Massaro
SECONDED.
VOTE: C/W Kelch
- AYE
C/M Zemel -
Away from dais
C/M Disraelly -
AYE
V/M Massaro -
AYE
Mayor Falck -
AYE
-39- 7/23/80
mt
21. Special Exception Fees - Temp. Reso. #1730 - Discussion
and possible action to adopt special exception application
and extension fees.
SYNOPSIS OF ACTION: Tern . Reso. #1730 Resolution No. --e5 PASSED.
Adopted with a 50 fee for extension.
The City Attorney read Temp. Reso. #1730 by title only.
Mr. Birken informed Council on line 8, at the end of the line,
between shall and be that the word "also" be added.
V/M Massaro MOVED Temp. Reso. #1730 be approved and Section 2
include the fee of $250.0b.and the applicant shall also be
responsible for publication costs. C/M Disraelly SECONDED.
VOTE: C/W Kelch -
AYE
C/M Zemel -
Away from dais
C/M Disraelly-
AYE
V/M Massaro -
AYE
Mayor Falck -
AYE
36. University Community Medical Plaza - Discussion and possible
action to permit the developers of this project to replace
the Certificates of Deposit, posted for construction of the
subdivision improvements, with a Letter of Credit.
SYNOPSIS OF ACTION: TABLED to 7/28/80
V/M Massaro stated she saw no objection to posting a Letter of
Credit instead of the Certificates of Deposit if the City Attorney
concurred with this opinion.
He replied there was no legal objection but they should be moni-
tored so they do not expire without being turned over.
C/M Disraelly MOVED to grant that a letter of credit be permitted
to be used by University Realty Associates to replace the bond in
the amount of $40,435.95 provided that the City Attorney can ar-
range that the bank will notify the City Clerk at least thirty
days prior to the expiration of the Letter of Credit, and such
Letter of Credit be subject to the City Attorney's approval.
V/M Massaro SECONDED.
In reply to C/M Disraelly and V/M Massaro's inquiry in regard to
the eventuality that the contract is not renewed the City Attorney
said they have a contractual obligation to renew and if they don't
they are in breach of the contract. He said it would be necessary
TAPE #15 to amend the Certificate of Deposit or other acceptable collateral.
The agreement itself does not have an amount, it refers to provide
the City with some security in a manner acceptable to the City
Engineer to include a 15% inflation factor.
V/M Massaro recommended that this file should be researched and
reschedule it for Monday.
V/M Massaro asked C/M Disraelly if he wished to withdraw his motion
and he replied there was no second. The Mayor asked if there was
a second and the motion died for lack of a second. This item was
rescheduled for 7/28/80.
37. Heftler Homes - Bond Release - Temp. Reso. #1725 - Discussion
and possible action concerning release of a per ormance bond
posted for a street cut across N.W. 81st Street.
SYNOPSIS OF ACTION: Temp. Reso. #1725 - ADOPTED Resolution No.k-90-2' PASSED.
The City Attorney Temp. Reso. #1725 by title only.
V/M Massaro MOVED to ADOPT Temp. Reso. #1725. C/M Disraelly
SECONDED.
VOTE; C/W Kelch - Away from dais
C/M Zemel - AYE
C/M Disraelly - AYE
V/M Massaro - AYE
Mayor Falck - AYE
-i,n- 7 1 IQn
39. Brookwood Plaza - Parking Waiver - Discussion and possible
action to rescind Coun il approval on July 11, 1979, for a
parking waiver of angle parking.
SYNOPSIS OF ACTION:
Approved to Rescind
C/M Disraelly informed Council that on July 11, 1979 they voted
to approve a request for the parking waiver for Brookwood Plaza
with the following conditions; L)Within two weeks from the date
of the meeting to construct a roadway across Building C; 2) pro-
ceeding north from that point to build a roadway and construct
a median cut across McNab Road with bullnoses ; 3) place barriers
at west end of Building B'; 4) all of the above work to be com-
pleted within 90 days; 5) provide an escrow account equal to the
amount of the total construction to draw against as work is com-
pleted; 6) pay all necessary fees and bonding as required;
7) final top surface would not be needed to be applied until
Building C has a final inspection; 8) a.contract is to be prepared
and approved by the City Attorney, signed by the applicants setting
forth the preceding conditions for the approval of the parking
waiver.
He stated after that meeting he met with the Telegadis brothers
and Alan Ruf together with their attorney. They said that the
City had approved the site plan in approving the parking waiver
and Mr. Ruf, Mr. Eigner and C/M Disraelly agreed that was not to
be done. In January 9, 1980 Mr. Evan Cross met with the Telegadis
brothers and it was finally learned that everything was contingent
on the median cut and as soon as the McNab Road project came into
being they decided that the median cut would be done by the County
and they would not have to do it.
He recommended to Council that the parking waiver and all the other
suggestions should no longer be granted due to the fact they have
reneged on their agreement with the City and have caused a serious
traffic situation. Also when they come in to build Building C
they should be subject to all the ordinances of the City as they
apply.
C/M Disraelly MOVED that the action of July 11, 1979 be rescinded.
V/M Massaro SECONDED.
VOTE: C/W Kelch -
AYE
C/M Zemel -
AYE
C/M Disraelly --
AYE
V/M Massaro -
AYE
Mayor Falck _
AYE
54. Woodmont -- Tract 58 - Temp. Reso. # 1729 - Discussion and
possible action to reduce the drainage performance bond to
25% of actual cost warranty performance bond.
SYNOPSIS OF ACTION: Temp, Reso. #1729
Rescheduled to July 28, 1980.
REPORTS
62. City Council
C/M Disraelly said the City Manager made up a form reporting
the actions of various Boards, Commissions, etc. (Develop-
ment Review Form) but it wasn't what Council wants. He said
it was excellent for staff but Council would like a form
pertaining to site plan fees, engineeringing fees, preliminary
plat, water and sewer fees, developers agreement, upgrading
of lift stations, park and recreation fees, drainage fees and
retention fees. He requested the City Manager formulate this
during the month of August.
63. City Manager
64. City Attorney
-41- 7/23/80
mt
Mr. Birken stated he would like to complete some of the
police litigation before the summer break. He said he
may, came before Council before Monday with recommenda-
tions.
62. City Council
Mayor Falck advised he had three items to discuss. The
first relates to the census he sent to Council, City
Attorney, City Manager and Mr. Cross (who has been handling
the census work). A report on his attendance at the meeting
at Palm Beach and a reporter from the West Section talked
with him about the census. He complained about articles
concerning Tamarac being a divided City but never any about
it being divided by FPL and Southern Bell and now the cen-
sus also. Tamarac was the only municipality represented
and had to contend with a census that is being operated
partially out of West Palm Beach (Tamarac's District Office)
and the District Office in Fort Lauderdale.
The Mayor said the work is progressing and the figures were
to have been received last Monday to be used to determine
whether Tamarac was in line with the actual count. He said
the census was based on the number of housing units that are
in the City and those records are very accurate. On Tuesday
he provided Palm Beach and the Ft. Lauderdale District Office
with a housing count and it had to be split between the two
districts, with one being south of McNab and the other north
of McNab. He stated that by next Thursday he'would receive
the census count and the housing units.
Mayor Falck expressed concern that due to the division bet-
ween the two districts,'and if the two figures were not re-
ceived simultaneously, Tamarac would possibly be short in
the actual census count.
He also mentioned he did an in depth analysis of the status of
the self insurance funds.
The Mayor received information.that he will be invited to
attend the Governor's Conference on Aging during the middle
of September and requested authorization from Council to
go to Tallahassee.
65. Discussion and possible action on approval for the Mayor to
attend the Governor's Conference on Aging in Tallahassee in
September.
SYNOPSIS OF ACTION: Agendized by Consent - APPROVED.
VOTE:
C/M Disraelly MOVED to agendize discussion of this request.
C/M Zemel SECONDED.
ALL VOTED AYE.
C/M Disraelly MOVED that the Mayor be authorized to attend a
conference called by Governor Graham during the month of Septem-
ber. C/M Zemel SECONDED.
VOTE: ALL VOTED AYE.
The Mayor informed Council the A-95 Review by the Planning Council
will be heard tomorrow and they would receive a report after the
meeting. He said Mr. Gallop of Milledge & Hermelee will be attending
on behalf of the City of Tamarac. The Mayor mentioned that the
City's recommendation was for rejection of the proposal and it will
be presented to the Planning Council at that meeting.
He referred to the County Plat Ordinance and the difficulty it would
present,if it is adopted, to the Municipalities. The Mayor said if
this ordinance is passed the City will have very little'res�ponsibility.
-42- 7/23/80
mt
The Mayor advised a public hearing on the Workshop last Monday
and received a tremendous input by representatives of munici-
palities but there was a poor turnout by members of the Planning
Council and municipality representatives from the Council. In
addition, the technical advisory committee has been doing an
excellent job. He praised Mr. Cross on his work on this committee
and the City Attorney and due to their efforts the City can take
their recommendations to the County who has scheduled a public
hearing on August 20.
Mayor Falck referred to a report on the meeting relating to solid
waste. Some weeks prior there was a discussion by the North Council
of Municipal Governments and he spoke on the 205 program due to
incomplete reports and observations that were being made. As a
result they have closed the land fill in Dade County which forces
all of the garbage for land fill north of Broward. Broward had
access to the Dade facility which is no longer available. He
said the first day the garbage was taken to the facilities in
Broward was excessive and in conjunction with the rain storm it
created a serious problem. He expressed grave concern that the
facility only has an accommodation for 28 months. A list of
dates was provided when these various meetings would be held which
would give Tamarac an opportunity to be heard.
MAYOR FALCK .RECESSED THE MEETING AT 9:00 P.M.
ATTEST:
ASSISTANT CITY CLERK -
This public document was promulgated at a cost of $ or
$ / ,/V per copy, to inform the general public and public officers
and employees about recent opinions and considerations by the City
Council of the City of Tamarac.
Z4911
APPROVE 8
CITY COUNCIL ON /P 'Vb
7/23/80
mt