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HomeMy WebLinkAbout1980-09-10 - City Commission Regular Meeting MinutesN V ' P. 0. BOX 25010 TAMARAC, FLORIDA 3332CI FIRST CLASS MAIL CITY OF TAMARAC, FLORIDA CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, SEPTEMBER 10, 1980 CALL TO ORDER: 8:30 A.M. ANNOUNCEMENT OF TIME ALLOCATIONS - MOTIONS TO TABLE -- The Chair at this time will announce those items which have been given a specific time to be heard, and will entertain motions from Council members to table those items which require additional research. Council may agendize by majority consent, matters of an urgent nature which have come to Council's attention after publication. TAMARAC UTILITIES - WEST 1. Operations - Status Report - Discussion and possible action. 2. Water and Sewer Utility Revenue Bonds -- Printing - Discus- sion and possible action to confirm a commitment made by the City Manager to American Bank Note Company to print the Coupon Bonds. 3. Utility Securit De osits - Report by Councilwoman Kelch - Discussion and possible action concerning interest on utility security deposits. 4. Century National Bank - Discussion and possible action to approve a water and sewer developers agreement. 5. Banyan Lakes - Bailey Road -- Discussion and possible action to approve a water and sewer developers agreement. PRESENTATIONS 6. Employee of the Month - Presentation by Edward Gross, City Manager, of awards to the Employee of the Month for July, 1980. 7. (9/10-Pg.2) Cleaning Comp. (9/10-Pgs,3,4) Hndld.as emer. (9/10) --Pg. 7 ) Next crdt.on bills for int. on sec.depositE: ;9/10-Pg.8) Approved. (9/10--Pgs.16,17 ) Ud to agmt.app. with conditions. (9/10-Pg.7) Az Jara,Cty.Clk. office. Consent Agenda - Items listed under Item V, Consent Agenda, (9/10-Pgs.6,7) are viewed to be routine and the recommendation will be en- b)c)d)e)f)g)&j) acted by one motion in the form listed below. There will be appd.as amended. no separate discussion of these items. If discussion is de- m)n)o)p)q)r)s)t)u) sired, then the item(s) will be removed from the Consent v) &w)Approved. Agenda and will be considered separately. )Approved, bill submitted $1840. a) Minutes of 5/21/80 - Reconvened Regular Meeting - a)h)&i)Approved. Approval recommended by City Clerk. b) Minutes of 5/29/80 - Reconvened Regular Meeting - Approval recommended by City Clerk. 1)Removed and then Approved. PAGE TWO. c) Minutes of 5/30/80 - Special Meeting -- Approval recom- mended by City Clerk. (Tabled from 7/23/80) d) Minutes of 6/25/80 - Regular Meeting - Approval recom- mended by City Clerk. e) Minutes of 7/3/80 - Special Meeting - Approval recommender by City Clerk. f) Minutes of 7/9/80 - Regular Meeting - Approval recommender by City Clerk. g) Minutes of 7/9/80 - Special Meeting - Approval recommender by City Clerk. h) Minutes of 7/11/80 - Reconvened Regular Meeting - Approval recommended by City Clerk. i) Minutes of 7/23/80 - Regular Meeting - Approval recom- mended by City Clerk. j) Minutes of 8/21/80 - Special Meeting - Approval recom- mended by City Clerk. k) Alan F. Ruf - Consulting Attorney - 7/21/80 thru 9/5/80 - $1,920.00 - Approval recommended by City Attorney. 1) Muller, Mintz, Kornereich, Caldwell & Casey - Special Counsel - 7/24/80 - $245.82 - Approval recommended by City Attorney. m) Milledge & Hermelee - Special Counsel - 7/22/80 - $3,146.25 - Approval recommended by City Attorney. n) Milledge & Hermelee Services, Inc. - Special Counsel - 7/22/80 - $3,706.77 - Approval recommended by City Attorney. o) Alexander Grant & Co. - Auditor - 7/24/80 -- Account #425-366-533-320 - $2,000.00 and Account #425-370- 535-320 - $2,000.00 -- Total - $4,000.00 - Approval recom- mended by City Manager. p) Mid -South Engineering Co. - Comprehensive Plan - Housing Element - Final Payment - 8/l/80 - $375.00 - Approval recommended by City Manager. q) Mid -South Engineering Co. - Comprehensive Plan - Traffic Circulation Study - Final Payment - 8/1/80 - $450.00 - Approval recommended by City Manager. r) Harold Lockaby Sales & Services Co. -- Fire Department Pumper Truck - 7/31/80 -- $2,099.90 - Approval recommended by Ass't. Fire Chief Briant. (Final Payment) s) Apelquist Construction Co. - Fire Station #2 - 7/24/80 - $85.64 - Approval recommended by City Manager. t) Mitchell Ceasar - Grants Consultant - 8/29/80 - $833.33 retainer and $8.99 expenses - Approval recommended by City Manager. u) Williams, Hatfield & Stoner - Consulting Engineer - Approval recommended by City Engineer. 7/2/80 - Account #429--371-536-623 $2,637.26 7/7/80 - Account #350-500-531 $ 168.50 7/7/80 - Account #425-368-535-310 $ 284.88 7/7/80 - Account #425-368-535-310 $ 237.25 #428-371-535-552 1,697.26 #429--371-536-623 893.75 TOTAL $2,828.26 u) (Continued) 8/19/80 - Account #350-500-531 $3,691.00 8/20/80 - Account #1-155-515-310 $ 100.00 8/25/80 - Account #428--371-535-552 $ 371.25 8/21/80 - Account #425--371-536-610 $4,240.75 v) Isles of Tamarac - Request to remove perimeter wall site plan approval from Agenda. w) Trim Bill - Recommended to be removed from the Agenda. LEGAL AFFAIRS 8. Executive Airport - Report by City Attorney - Discussion and 10:30 possible action to authorize the City Attorney to act on the A.M. City's behalf in connection with the airport expansion. 9. Broadview Utilities - Bailey Road -- Discussion and possible action on: a) Acquisition of Utility b) Establishing Independent Utility Authority 10. Asikasvs. Tamarac - Litigation -- Report by City Attorney - Discussion and possible action. 11. Mobil Oil Company - Pine Island Road & 77th Street -- Discus- sion and possible action on report by City Attorney concern- ing bond posted for installation of positive drainage. 12. Mobil Oil Company - Commercial Boulevard and State Road 7 - Dlscussion�and possible action on request for temporary trailer. 13. Regulations for Dealers of Used Merchandise - Temp. Ord.#783- Discussion and possible action to establish regulations for businesses involved in dealing in any type of used merchan- dise. First Reading. 14. Men's Softball League - Discussion and possible action. PUBLIC HEARINGS - 2:00 P.M. 15. Rezoning Petition - Jack Detrick - Petition #20-Z-80 - Dis- cussion and possible action on request to rezone the south- west corner of McNab Road and N.W. 88th Avenue from 4-RA to B--5 by Temp. Ord. #799. First Reading. 16. Rezoning Petition - William Zani - The Phoenix Company - Petition #21-Z-80 - Discussion and possible action on request to rezone the lands 730 feet south of McNab Road, extending westward from Nob Hill Road, approximately 1000 feet,from R-3 to B--2 by Temp. Ord. #800. First Reading. 17, Rezoning Petition - William Zani - The Pheonix Company - Petition #22-Z-80 - Discussion and possible action on request to rezone the land on the south side of McNab Road extending west from Nab Hill Road, 1000 feet, from R-3 to B-3 by Temp. Ord. #801. First Reading. 18. Rezoning Petition -- Granek Properties - Petition #23-Z-80 - Discussion and possible action on request to rezone land on the west side of State Road 7 extending north from Commercial Plaza to the City limits, by Temp. Ord. #802. First Reading. 19. Rezoning Petition - Eugene Toll - Petition #24-Z-80 - Discus- sion and possible action on request to rezone the recreation parcel at proposed Southgate Gardens East development from R-3 to S--1 by Temp. Ord. #803. PAGE THREE. (9/10-Pgs.12,13, 14,15) Appd.for temp. xn3.,sub.cond. 9/10-Pg. 19) Tabled. (9/10-P9. 8) Sett]mnt. of $5000 approved. (9/10-Pg.9) turned over to eng.dept. (9/10-Pgs.42,43) Trlr.permitted for 1 mo. (9/10-Pg.15) Appd.as amend. on 1st rdg. (9/10-Pg.42) 6 wks.season per. subj to coeds. (9/10-Pgs.26,27) Denied on 1st reading. (9/10-Pgs.27,28) Approved on lst reading. (9/10-Pg.28) Approved on 1st reading. (9/10-Pgs.28,29) Tabled.City P1. & City Att. to prepare amend. to Whse.Ord. (9/10--Pgs.29, 30) Approved on 1st (reading. PAGE FOUR. 20. Rezoning Petition - Euuene_ Toll - Petition #25--Z-80 - Dis-- (9/10-Pg.30) cussion and possible action on request to rezone the recrea- Approved on 1st tion parcel in the northwest portion of Cypress III - reading. Woodmont between N.W. 70th Street and N.W. 75th Street from R-4A to S-1 by Temp. Ord. #804. 21. Rezoning Petition - Eugene Toll -- Petition #26-Z-80 - Dis- (9/10-Pg,30) cussion and possible action on request to rezone the recrea- kpproved on 1st tion parcel in southern portion of Cypress III of Woodmontreading) from R--4A to S-1 by Temp. Ord. #805. 22. Vacation of Easements and Rights -of -Way - Temp. Ord. #789 -- (9/10-Pg.30) Discussion and possible action to authorize fees be estab- Pdopted on 2nd lished by Resolution for Vacation of Easements and Rights- rg- 23. 24. Utility Regulations - Temp. Ord. #791 - Discussion and pos-- (9/10-Pg.31) sable action to amend Sections 51 and 52 of Ordinance 80-35, opted on 2nd and Sections 2 and 4 of Ordinance 80-66, relating to contri- g.Ord.80-90. bution charges and guaranteed revenue provisions. Second Reading. 25. Rezoning Petition -- Ernesto Sartori - Petition #2-Z-80 - (9/10-Pg.32) Discussion and possible action to rezone the south side of Uopted on 2nd Commercial Boulevard, 350 feet west of N.W. 31st Avenue, fro g.Ord.80-88. R-IB to B-2 by Temp. Ord. #792. Second Reading. 26. Occupational License - Fees - Temp. Ord. #793 - Discussion 9/10-Pgs.32,33) and possible action to amend Sections 41 of Ordinance 72-29, Adopted on 2nd & and Code Sections 14-9 and 14-23, by increasing fees and inal reading as penalty provisions. Second Reading. nded. COMMUNITY DEVELOPMENT 27. Greenthumb Garden Center - Discussion and possible action on: (9/10-Pg.41) )Adopted. a) Canal access easement - Temp. Reso. #1755. )Approved. b) Revised Site Plan 28. Dr. Garfinkel - Limited Parking Waiver - Discussion and pos-- (9/10-Pgs.9,10) sible action to rescind Council motion of March 26, 1980, fesc. Approved, which approved this parking waiver. 1but no refund. 29. Greenbrier - Discussion and possible action concerning a request to waive building permit fees for work to be done under Court order settlement. 30. Wedgewood - Discussion and possible action on extension of $10,000 bond posted for corrective work. 31. Drainage Augmentation - Western Area of City - Bid Award - Tem2. Reso. #1758 -- Discussion and possible action to award a bid for this project. 32. United Federal Savings & Loan - Bond Release - Temp. Reso. #1757 - Discussion and possible action on request to release a warranty bond posted for installation of a median cut on McNab Road. (9/10-Pg.1) Removed from (9/10-Pg.10) xt.Approved sub. to conditions. 9/10-Pg.43) Tabled. /10-Pg.10) dopted. eso.80-202 33. Concord Village -- Model Sales Office - Discussion and possibl (9/10-Pg.lo) action on request for 6 months extension of permit for this roved subj. f ac i 1 i ty . to conditions. 34. Tract 27 -- Land Section 5 - Report by City Engineer, Discus- sion and possible action concerning the remote Storage Tank. (corner Nob Hill Road and 77th Street), (9/10-Pgs.11,12) Tentative App. with reco menda- ions from City gr.&Tony Nolan prior to final approval. CITY OF TAMARAC, FLORIDA REGULAR CITY COUNCIL MEETING SEPTEMBER 10, 1980 CALL TO ORDER: Mayor Falck called the meeting to order on Wednesday, ep e er 10, 1980, at 8:30 A.M., in the Council Chambers. ROLL CALL: PRESENT: Mayor Walter W. Falck Vice -Mayor Helen Massaro Councilman Irving M. Disraelly Councilman Irving Zemel Councilwoman Marjorie Kelch ALSO PRESENT: City Manager, Edward A. Gross Ass't.City Manager, Laura Z. Stuurmans City Attorney, Arthur M. Birken Ass't. City Clerk, Carol Evans Clerk/Steno., Mimi Reiter MEDITATION & PLEDGE OF ALLEGIANCE: Mayor Falck called for a Moment of Silent Meditation followed by the Pledge of Allegiance. Mayor Falck reviewed the items scheduled on this day's Agenda. Mr. Gross stated that due to recent correspondence received by the City, he requested the removal of Item #29. COMMUNITY DEVELOPMENT 29. Greenbrier - Discussion and possible action concerning a request to waive building permit fees for work to be done under Court order settle- ment. SYNOPSIS OF ACTION: Removed from Agenda C/M Disraelly MOVED to remove Item #29 from the Agenda, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. 35. Woodmont - Tract 58 and 77 - Discussion and possible action to autho- rize the Chief Building Official to issue a permit for Building I prior to plat recordation. (Tabled from 7/28/80) SYNOPSIS OF ACTION: Removed from Agenda, due to plat approval. V/M Massaro advised that the plat has been approved, and MOVED to remove Item #35 from the Agenda, and C/W Kelch SECONDED. The Vice - Mayor said that the plat has been paid for and recorded. VOTE: ALL VOTED AYE. C/M Zemel indicated that at the July 9th Council meeting, the Chief of Police made a request, through the City Manager, that approval be made for capital improvements to the Police Department facility. He said, there- after, a Purchase Order was placed, and work commenced for items not approved by the City Council. 44. Discussion and possible action on approval of Purchase Order #14931 - Capital Improvements in the Police_ Department. SYNOPSIS OF ACTION: AGENDIZED BY CONSENT (See page 5) C/M Zemel MOVED to AGENDIZE BY CONSENT an item relating to Purchase Order #14931, involving capital improvements in the Police Department, and C/M Disraelly SECONDED. C/M Disraelly said that the Chief of Police gave the Council a list of items, which were approved, but there was a misunderstanding of one particular item, which was on the list, but not handled at that time. VOTE: ALL VOTED AYE. -1- 9/10/80 mr/ J I , F -I 1 J 45. Amoco Station - Revised Site Plan for Kiosk - Discussion and possible action. SYNOPSIS OF ACTION: AGENDIZED BY CONSENT See page 41) C/W Kelch MOVED to AGENDIZE BY CONSENT the item pertaining to the Amoco Station Revised Site Plan on State Road 7, on the southeast corner, and V/M Massaro SECONDED. VOTE: ALL VOTED AYE. 1. Operations - Status Report - TU West a) Discussion and possible action on authorization to seek proposals for cleaning of Wastewater Treatment Plant #3. SYNOPSIS OF ACTION:a) AGENDIZED BY CONSENT See pages V/M Massaro MOVED to AGENDIZE BY CONSENT,as 1 a) the item for dis- cussion and possible action on authorization to seek proposals for cleaning of Wastewater Treatment Plant #3, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. 46. Utilities East Public Hearing - Procedures that were followed by the City Manager. SYNOPSIS OF ACTION: AGENDIZED BY CONSENT See page 4) V/M Massaro referred to a memo distributed by Mayor Falck to the City Manager, relating to Utilities East, and MOVED to AGENDIZE BY CONSENT such procedures, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. TAMARAC UTILITIES - WEST 1. Operations - Status Report - Discussion and possible action. a) Discussion and possible action on authorization to seek proposals for cleaning of Wastewater Treatment Plant #3. SYNOPSIS OF ACTION: Plant #2 Cleaning Completed; a) City Manager and City Engineer authorized to go to bid immediately. Mr. Gross distributed a memo to Council, from Mr. Keating, relating to the cleaning of the plant. Mr. Keating advised that the Wastewater Treatment Plant has been operating without any problems, and the cleaning of Plant #2 has been completed. He said that approximately $20,000.00 in work was authorized two months previous by Boyle Construction, which did include the sup- porting of a steel structure in Plant #3. This was a critical problem, and could fall into the plant, he said. Mr. Keating said that in order to proceed with this work, it would be necessary to dewater and clean Plant #3. He added that discussion was held with Mr. Nolan for the scheduling of this cleaning. The contract with H.E.S. Construction was the lowest one received, and it was the recommendation of Mr. Keating and Mr. Nolan, to extend such contract, and continue the proposal to clean Plant #3. If it is the decision of Council to continue this proposal, he said such work can commence the beginning of next week, with completion in approximately two weeks. Mr. Keating confirmed the fact that bids were received for cleaning the wastewater plants, which was originally intended for cleaning of one, but could be extended for additional work. He indicated that if there was a very largelinflux of flow to those treatments, there could be a serious problem, with pollution to the adjacent -2- 9/10/80 mr/ lakes, and the possibility of the structure under repair falling into the plant. He additionally stated that the structure was tupp6rted by an angle --iron, which has rusted, and is leaning at a sharp angle, and, could involve a 30% loss of the treatment plant.. C/M Disraelly inquired as to the split -offs and valves that were installed, which would divert from the main in --flow to the various tanks, to which Mr. Keating confirmed such completion; also, stating that one of the tanks could be shut off and diversion could be effected. V/M Massaro suggested to consider this as an emergency item, and if it is reviewed by the City Manager, and determined to be other- wise, then it could be handled later in the day, and so MOVED. Mr. Birken advised that the law involves the legislative body making findings of emergency, and under the Separation of Powers Doctrine, any finding will not be investigated, unless it is totally out -of -line. He further stated that Council has the authority to find, based on submission by the City Engineer, as to an emergency, if they so desire. C/M Zemel felt that a current purchase order could not be extended, to which the City Attorney concurred, but indicated that the emer- gency question is of importance. Mr. Birken stated that if there is a threat to the health, safety and welfare, then a bona fide emergency exists, and it would not be necessary to go out for bid. C/W Kelch SECONDED the motion. Mr. Keating reiterated that if the structure falls into the plant, he was concerned with the loss of 1/3rd of the treatment capacity, and felt it was an emergency, and was not comfortable with this. C/M Disraelly said that if it has been in such a condition for the past six months, then why was it considered an emergency this very day. He inquired whether it could wait for the next Council meeting, to which Mr. Keating responded that if it falls in, it is an emer- gency. V/M Massaro WITHDREW HER MOTION, and C/W Kelch CONCURRED WITH HER SECOND. V/M Massaro then MOVED that the City Manager and City Engineer be authorized to immediately go to bid on this subject, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. C/M Disraelly inquired as to the quantity being pumped at the new station, to which Mr. Gross responded that there are no meters in that station at the present time, and the City was being billed at the price agreed upon by the County. 2. Water and Sewer UtiliLZ Revenue Bonds - Printing - Discussion and possible action to confirm a commitment made by the City Manager to American Bank Note Company to print the Coupon Bonds. SYNOPSIS OF ACTION: Action affirmed for printing of coupon bonds in the amount of $2,800.00, plus $65.00 for shipping charges; coming out of the sale of the bonds. This was handled as an emergency situation. Mr. Gross advised that during the month of August, negotiations were completed for the sale of the bonds, which required printing, in order to consummate the closing on September 15th and 16th, 1980. He added that the low bidder was the American Bank Note Company, in the amount of $2,800.00, and another from the Columbia Bank Note Company. He submitted this to the Bond Attorneys, and approved the printing of the bonds, and requested that Council affirm the action taken by his office. C/W Kelch MOVED that the City Council affirm the action of the City Manager's office, in accepting the bid on printing for the Tamarac -3- 9/10/80 mr/ J M Utility Bonds, to the American Bank Note Company, in the amount of $2,800.00. Mr. Gross indicated an additional amount of $65.00, as shipping charge, is involved, which would be taken out of the proceeds of the bonds, and was an emergency situation that existed at that time. C/W Kelch AMENDED HER MOTION TO INCLUDE an additional amount of $65.00 for shipping charges, which would be taken out of the proceeds of the bonds; also, that an emergency situation existed at that time. C/M Disraelly SECONDED the motion. At the request of C/M Disraelly, the City Manager stated that he con- tacted Columbia Bank Note Company, which bid was in the amount of $3,900.00. C/M Zemel inquired of the City Attorney, as to the Charter stating that at least three quotes were to be obtained, for any type of ser- vice, to which Mr. Birken concurred. Mr. Gross responded that the Bond Attorneys wrote letters to five companies, but only two were received. VOTE: ALL VOTED AYE. 46. Utilities East Public Hearing - Procedures that were followed by the City Manager. SYNOPSIS OF ACTION: No action taken (See page 2) V/M P7assaro referred to a memorandum distributed by Mayor Falck, which clearly indicated that this information was to be submitted to Council two weeks previous. Mr. Gross advised that Council was given all the necessary information on the date involved, in July, but additional information was requested on rates. V/M Massaro questioned actions of the City Manager, and felt that Council should be made aware of changes. Tape Mayor Falck said that the residents were always advised of rate changes, Side with necessary public hearings being held, as related to this. He did #2 state that a question was raised at a pre -agenda conference, as to rates; to which Mr. Birken had replied that he was not aware of any information on rates. The Mayor said this was the oldest section in the City, and there was nothing he could submit to the residents, as related to rates or in- creases. He found that information relating to the rates were distrib- uted and picked -up, and did not have the opportunity to review this. Later in the afternoon, the Mayor indicated that a copy of the pro- posal was given to him, but could not interpret whether it did or did not involve a rate adjustment. He additionally stated that the people did not understand the discussion held by the City Manager, and felt that a public hearing should not have been held, under the circum- stances, because it related to the budget. The residents, he said, were basically interested in the rates they had to pay, and he felt that the information should have been submitted early enough for him to have given an adequate explanation to the residents. C/W Kelch said that the information which came from the Administration clearly stated, along with the proposed budget, that they did not re- quire, nor were they suggesting any rate change. She understood that without a rate change, a public hearing is not required, and such a public hearing is only called for approval of a budget. She said that in her anxiety to do something for these people that she thought was Progressive, she did instigate an investigation into certain possi- bilities for a rate change. It was her feeling that the City Manager, Finance Director, or anyone else, should not have criticism applied to them. C/W Kelch apologized to the Council, and requested that no recriminations be enacted to the Administration, because she did not propose it to the Council members until one day prior to the hearing. -4- 9/10/80 mr/ V/M Massaro indicated that the Mayor and C/W Kelch were discussing two separate subjects. Mr. Gross responded that on July 15th, when the Budget was submitted for Tamarac East, it was indicated that no additional revenues were needed, and the rates would remain the same. V/M Massaro said that she would look into this subject further. C/M Disraelly called an item to the City Council's attention, whereby on June 25th, 1980, there was a rezoning relating to the Phoenix Company, that was tabled to September loth, but was inadvertently not placed on this day's agenda. He further added that if it is not considered this day, the rezoning will be lost. 47. The Phoenix Company - Rezoning Request - Temp. Ord. #763 - Petition #12-Z-80 from R-3 to B-2. Discussion and possible action. SYNOPSIS 'OF ACTION: AGENDIZED BY CONSENT (See page 33 C/M Disraelly MOVED to AGENDIZE BY CONSENT the rezoning request of The Phoenix Company, which was previously tabled to 9/10/80, for dis- cussion -and possible,action. V/M Massaro SECONDED. VOTE: ALL VOTED AYE. 44. Discussion and possible action on approval of Purchase Order #14931 - Capital Im rovements in the Police De artment. SYNOPSIS OF ACTION: P.O. #14931 Approved to the Sealy Concrete Company, for $950.00, with payment to be made after completion, inspection and acceptance by the Chief Building Official. C/M Zemel indicated that on July 9th the Chief of Police and the City Manager discussed changes with the City Council, as to changes being considered in the premises occupied by the Police Department. He also noted that some of the changes were approved by the Council, but subsequently, one of the items not approved, was let -out by purchase order to a Sealy Concrete Company, with an estimated cost of $500.00. The purchase order, he said, stated $950.00, and was not authorized by the City Council, but approvals were received by the Finance Depart- ment and Finance Director, and City Manager, with commencement of the work. C/M Zemel said it was later revealed that approval was not given, but the work was in progress, with a purchase order in effect, and the City was committed. He additionally stated that a representative of the City instructed the work, but the contractor was informed that the purchase order was void, which involved a legal situation. He said that the floor has been torn, the metal mesh work laid, and door has been moved and changed. Mr. Gross said that he was partially to blame, because he initially approved the purchase order, and then voided it. He informed Council that the purchase order came through his desk, and approved it, as written, because it was noted to be approved by Council. A portion of the purchase order indicated a $400.00 deposit on the contract, and was usually reviewed by C/M Disraelly. But, C/M Disraelly advised him that Council did not approve that particular Item #4, which in- volved concrete work in one of the rooms. Because, he said, the check did not have two signatures, the purchase order was cancelled. Mr. Gross advised that Item #4 related to closing the windows and door- way of a room; with Item #3 involving the closing of the windows in the jail area, closing the windows and door in the new area. They were also raising the floor because of a water problem, which was considered separately, he said. C/M Zemel said that under the unique circumstances, he would MOVE that City of Tamarac Purchase Order #14931 to Sealy Concrete Company, at a total cost of $950.00, for renovation of a portion of the Police Department facility, be approved, and C/W Kelch SECONDED. -5- 9/10/80 mr/ C/M Zemel AMENDED HIS MOTION to indicate that no payment shall be made until completion, inspection and acceptance by the Chief Building Official, and C/W Kelch CONCURRED. VOTE: ALL VOTED AYE. 7. Consent Agenda - a) Minutes of 5/21/80 - Reconvened Regular Meeting - Approval recommended by City Clerk. b) Minutes of 5/29/80 -- Reconvened Regular Meeting - Approval recommended by City Clerk. c) Minutes of 5/30/80 - Special Meeting - Approval recommended by City Clerk. (Tabled from 7/23/80) d) Minutes of 6/25/80 - Regular Meeting - Approval recommended by City Clerk. e) Minutes of 7/3/80 -- Special Meeting - Approval, recommended by City Clerk. f) Minutes of 7/9/80 - Regular Meeting - Approval recommended by City Clerk. g) Minutes of 7/9/80 - Special Meeting - Approval recommended by City Clerk. h) Minutes of 7/11/80 - Reconvened Regular Meeting - Approval recommended by City Clerk. i) Minutes of 7/23/80 - Regular Meeting - Approval recommended by City Clerk. j) Minutes of 8/21/80 - Special Meeting - Approval recommended by City Clerk. k) Alan F. Ruf -- Consulting Attorney -- 7/21/80 thru 9/5/80 - $1,920.00 - Approval recommended by City Attorney.(Corrected-$1,840) 1) Muller, Mintz, Kornereich, Caldwell & Casey - Special Counsel - 7/24/80 - $245.82 - Approval, recommended by City Attorney. m) Milledge & Hermelee - Special Counsel - 7/22/80 - $3,146.25 -- Approval recommended by City Attorney. n) Milledge & Hermelee Services, Inc. - Special Counsel - 7/22/80 - $3,706.77 - Approval recommended by City Attorney. o) Alexander Grant & Co. - Auditor - 7/24/80 - Account #425-366-533-320 $2,000.00 and Account #425-370--533-320 - $2,000.00 - Total - $4,000.00 - Approval recommended by City Manager. p) Mid -South Engineering Co. -- Comprehensive Plan - Housing Element - Final Payment - 8/1/80 - $375.00 - Approval recommended by City Manager. q) Mid -South Engineering Co. -- Comprehensive Plan - Traffic Circula- tion Study - Final Payment - 8/1/80 - $.450.00 - Approval recom- mended by City Manager. r) Harold Lockaby Sales & Services Co. - Fire Department Pumper Truck- 7/31/80 - $2,099.90 - Approval recommended by Ass't. Fire Chief Briant. (Final Payment) s) Apelquist Construction Co. - Fire Station #2 - 7/24/80 - $85.64 Approval recommended by City Manager. t) Mitchell Ceasar - Grants Consultant - 8/29/80 -- $833.33 retainer and $8.99 expenses - Approval recommended by City Manager. u) Williams, Hatfield & Stoner - Consulting Engineer - Approval recommended by City Engineer. 7/2/80 Account #429-371--536-623 $2,637.26 7/7/80 Account #350-500--531 $ 168.50 7/7/80 Account #425-368-535-310 $ 284.88 7/7/80 Account #425-368--535--310 $ 237.25 #428--371-535--552 $1,697.26 #429-371-536-623 $ 893.75 TOTAL - $2,828.26 8/19/80 Account #350-500-531 $3,691.00 8/20/80 Account #1-155-515-310 $ 100.00 8/25/80 Account #428--371-535-552 $ 371.25 8/21/80 Account #425-371--536-610 $4,240.75 v) Isles of Tamarac - Request to remove perimeter wall site plan approval from Agenda. w) Trim Bill - Recommended to be removed from the Agenda. SYNOPSIS OF ACTION: b), c), d), e), f), g) and j) Approved as amended; m) ,n) ,o) ,p) ,q) ,r) ,$) ,t) ,u) ,v) & w) Approved; k) Approved (bill submitted $1,840); a),h) and i) Tabled to future meeting; 1) Removed and then Approved. -6- 9/10/80 mr/ C/M Disraelly MOVED to Approve Items b), c), d), e), f), g), and j), as AMENDED, also, 1) , m) , n) , o) , p) , q) , r) , s) , t) , u) , v) and w) to be Approved; with a), h) and i), to be Tabled to a future meeting; k)to be Approved, with the corrected figure of $1,840, and V/M Massaro SECONDED. Mayor Falck requested that Item 1) be Removed for discussion, to which C/M Disraelly AMENDED HIS MOTION to include tabling of Item 1), and the SECOND concurred with the change. VOTE: ALL VOTED AYE. 1) SYNOPSIS OF Muller, Mintz, Kornereich, Caldwell. & Casey - Special Counsel - 7/24/80 - $245.82 - Approval recommended by City Attorney. ACTION: Approved Mr. Birken said that shortly after being employed by the City, he requested that a labor consultant be engaged, and be used as needed, within his budget. Item 1), he said, pertains to two areas; namely, Managerial Confidential Petition, filed by the City in response to a petition filed by the Federation of Public Employees, for unit clarification, as relates to Tamarac Utilities West. Others were determined to be Supervisory, and were also in- volved, he said. The second bill involved Personnel Manual, which specifically detailed provisions of discipline, and were in the process of being rewritten. The City Attorney indicated that a request was made for the Con- sultants to review the work he has prepared, with significant changes having been submitted,for further review. C/W Kelch MOVED that Item 1), which was considered separately, be approved, and V/M Massaro SECONDED. VOTE: ALL VOTED AYE. PRESENTATIONS 6. Employee of the Month - Presentation by Edward Gross, City Manager, of awards to the Employee of the Month for July, 1980. SYNOPSIS OF ACTION: Presentation to Liz Jara, of the City Clerk's Office. Mr. Gross said this employee has done an outstanding job with the City, with her work being additionally diversified into other areas, and involvement with many of the other employees. He introduced Liz Jara, of the City Clerk's Office, indicating that her name will be inscribed on a plaque in the entrance to City Hall, with a framed Certificate of Appreciation,. She was also awarded dinner for two at Triggs. Mr. Gross said that Liz was very active with the Pension Plan, and has accomplished a "yeoman's" job. Mayor Falck noted that Liz has put a special effort into the Pension Plan, has the confidence of the employees, the Administrative Review Board, and is always prepared to make contributions at their meetings. Tape He additionally stated that she is considered a valuable employee, Side and is responsible for the growth and development of the City's Pension #3 Plan. TAMARAC UTILITIES - WEST 3. Utility SecuriLz Deposits - Report by Councilwoman Kelch - Discussion and possible action concerning interest on utility security deposits. SYNOPSIS OF ACTION: Next billing cycle amount to be credited on customer bills, for interest on security deposits. C/W Kelch said there has been some concern as to a change in the City's regulations relating to the non-payment of interest for security de- posits. She read a portion of the Agreement, on page 17, when the Utility was turned over to the City, "the Seller shall certify that interest to the date of closing on customer deposits, has been credited to customer bills, on the last billing made to customers prior to the --7- 9/10/80 mr/ City's ownership and control, or depending on the status of billing cycles, the Seller shall pay to the City an amount equal to accrued interest on customer deposits, and the City shall allow appropriate interest credit to customers on the next succeeding billing cycle". She felt that it was presently a responsibility to remit, in accor- dance with this Agreement and settlement, which amounts would be very minimal. C/W Kelch further indicated that the Administration has suggested that the credit appear in the next billing cycle, which will remove these small items of residual interest, prior to the taking -over of the Utility. V/M Massaro inquired of the City Manager, as to the records reflecting an amount from TUS on the credit involved, to which Mr. Gross responded that Section 4 of the Agreement does indicate this, which has been designated by memorandum from the Finance Director. He added that it amounts to somewhere between 35� and 45� per customer. C/W Kelch MOVED that at the next possible billing cycle, an amount be credited to customers bills, which would remove the residual interest due them from Tamarac Utilities, on their security deposit, and was SECONDED by C/M Disraelly. Mr. Gross advised that it will be a bookkeeping item, and the billing cycle will indicate the initial cost, with a credit being applied. He confirmed the fact that dates will be noted. VOTE: ALL VOTED AYE. 4. Century National Bank - Discussion and possible action to approve a water and sewer developers agreement. SYNOPSIS OF ACTION: Approved V/M Massaro MOVED for approval of the Agreement, and C/M Disraelly SECONDED. C/M Disraelly also noted there is a well being used presently, and inquired whether the pump will be left, with the installation of hose bibs, or abandon the well. He felt it should be considered, because if it is abandoned, then it must be sealed by a licensed well -driller; or, if the existing pump is left, and caps are placed on the hose line, then it is proper. He felt that an administrative action should be taken, with direction to them, and the handling under the South Florida Building Code. VOTE: ALL VOTED AYE. LEGAL AFFAIRS 10. Asikasvs. Tamarac - Litigation - Report by City Attorney - Discus- sion and possible action. SYNOPSIS OF ACTION: Settlement of $5,000 approved. Mr. Birken said that Council has been apprised of all developments in this case, outside of a letter received from the bond carrier, which indicates that the case could be settled, without prejudice to any claim that the City has on the honesty bond. He said a situation arose when a police officer died, and when his personal effects were inventoried, it was discovered that he had certain gems that were the property of someone else. Those gems, he said, were returned, but the owner sued the City, and claimed there were additional gems appropriated by the deceased officer, with a value over $200,000. He also said there was no means of proving this value, but there was an offer to settle, which would cost the City $5,000. It was the City Attorney's recommendation that the City's portion of $5,000 be accepted, and the case be settled. V/M Massaro MOVED approval of the settlement in the amount of $5,000, and C/M Zemel SECONDED. -8- 9/10/80 mr/ M C/M Disraelly confirmed the fact that $2,500 was the penalty for the purchase, and the balance of $2,500 is payment of attorneys fees, with other expenses being covered by the insurance carrier. He also stated that a release will then be forthcoming from Asikas, with no other cause of action, to which Mr. Birken concurred. The City Attorney indicated that a request for reimbursement has been submitted to the Honesty Bond Carrier, which will be processed. Mayor Falck commended the City Attorney in his manner of handling the case, and his efforts in pursuing this through the bond, with minor loss to the City. VOTE: ALL VOTED AYE. 11. Mobil Oil Company - Pine Island Road & 77th Street - Discussion and possible action on report by City Attorney concerning bond posted for installation of positive drainage. SYNOPSIS OF ACTION: item turned over to the Engineering Department for further review as to -requirements. The City Attorney said that at the last meeting in July, the City Council instructed staff to call the bond, or obtain an extension. He indicated that the bond was called, by telegram, with phone con- versations having been held with Mobil Oil. Mr. Birken said that the surety company advised that the bond has been extended; also, discus- sions were held as to completion of the work. Mr. Birken stated that he spoke with Mr. Moxley, of Mobil, this morning, and their position was to tie-in to the existing line, which was dis- cussed in 1977. At that time, Mr. Birken said that Mobil was informed that they could not tie-in to the existing drainage system, because the flow could not be handled. It was noted that a shopping center was being proposed, to encircle this station; and, it was discussed in 1977, that Mobil would pay a portion of the cost of tieing -in, with the shopping center paying the balance. He additionally felt this in- volved an engineering question, rather than a legal one. The City Attorney said that the bond should be received by the City shortly, because it has been extended. V/M Massaro concurred that it should be turned over to the Engineering Department, for a decision by the City Engineer, because it involved tie --in of the lines running along the side of University Hospital. She also said that Mr. Keating will submit a full report on this situa- tion. C/M Disraelly said that the minutes of November 29, 1977, discussed this item, and the motion indicates that no permit be issued on this project unless the applicant has a drainage which connects to positive flow, for the necessary percolation system; and, that it be returned to Council. He felt that it does not reference any other means, to which the Vice -Mayor said that an additional motion was made, but said that Mr. Keating should review the conditions involved, especially since the bond has been extended. V/M Massaro MOVED that it be turned over to the Engineering Department, for further review as to requirements, and C/.W Kelch SECONDED. VOTE: ALL VOTED AYE. COMMUNITY DEVELOPMENT 28. Dr. Garfinkel -- Limited Parking Waiver - Discussion and possible action to rescind Council motion of March 26, 1980, which approved this parking waiver. SYNOPSIS OF ACTION: Rescission of parking waiver approved, because applicant has necessary parking, but there is no refund on the waiver fees. C/M Disraelly advised that on March 12th, the City Council tenatively approved the request for limited waiver of parking requirements; and subsequently, Dr. Garfinkel submitted a revised site plan, which 9/10/80 mr/ covered all the City ordinances on parking. He felt that the action should be rescinded on the limited waiver, because there is both limited and positive parking situations, and building is being handled under the proper City ordinances. C/M Disraelly also noted that the site plan was approved on July 28th, Water and Sewer DevelopErs Agreement was also approved, and checks were received for sewer connection charge, and retention, drainage and engineering fees. V/M Massaro MOVED for the rescission of the limited parking waiver, inasmuch as this applicant has necessary parking; also, with the under- standing that there is no refund on the waiver fees. C/W Belch SECONDED. VOTE: ALL VOTED AYE. 30. Wedgwood - Discussion and possible action on extension of $10,000.00 bond posted for corrective work. SYNOPSIS OF ACTION: Final extension approved, with 60 days for completion of the work; letter to be sent to Mr. Hahn indicating this; also, subject to concurrence and execution of new bond, or the City will call the bond and complete the work. V/M Massaro advised that the request for the extension has been made in writing, and the work has been completed, with a matter of engineer- ing doing the inspection for final approval,. She then restated that according to the applicant, the work has been completed, but would re- quire final inspection by the City Engineer. She then MOVED that the final extension be given, with 60 days for completion of the work; also, that a Letter be sent to indicate this, which would be subject to Mr. Hahn's concurrence and execution of the new bond, or the City will call the bond and complete the work. C/M Zemel SECONDED. VOTE: ALL VOTED AYE. 32. United Federal Savings & Loan - Bond Release - Temp. Reso. #1757 - Discussion and possible action on request to release a warranty bond posted for installation of a median cut on McNab Road. SYNOPSIS OF ACTION: Adopted RESOLUTION NO. R-!ZO:Cgbo?, PASSED. The City Attorney read Temp. Reso. #1757, and C/M Disraelly MOVED for its approval, and V/11 Massaro SECONDED. VOTE: ALL VOTED AYE. 33. Concord Village - Model Sales Office - Discussion and possible action on request for 6 months extension of permit for this facility. SYNOPSIS OF ACTION: Approved, commencing with date o expiration of prior model sales renewal, for 6 months, with proper fees being paid. V/M Massaro did not object to approving this request. C/M Disraelly said that he did not object to such extension, because they are still selling from their model homes, however, he noted that this permit expired sometime ago, and was called to the attention of the City Clerk. He felt that a "tickler" file should be instituted, in order to be aware of expirations of bonds and permits. He then MOVED for approval of the Model Sales Renewal, commencing with the expiration date of the prior Model Sales Renewal, for a period of six (6) months, with appropriate fees being paid. C/M Zemel SECONDED. VOTE: ALL VOTED AYE. 36. Woodmont - Tract 68 and 77 - Tem . Reso.#1756 - Disdussion and possible action to approve a drainage easement. SYNOPSIS OF ACTION: Adopted, subject to RESOLUTION NO.R- ,a-02O V�_ PASSED. receipt .0_.f-._2_Qcation.__ske_tch.. -- - -- 10- 9/1.0/80 mr/ The City Attorney read Temp. Reso, #1756, and V/M Massaro MOVED for its approval, also subject to a location sketch being received, which was requested by C/M Disraelly, who SECONDED the motion. VOTE: ALL VOTED AYE. 34. Tract 27 - Land Section 5 - Report by City Engineer - Discussion and possible action concerning the remote Storage Tank. (corner Nob Hill Road and 77th Street). SYNOPSIS OF ACTION: Tentative approval given for future chlorination tank, with recommendations from the City Engineer and Tony Nolan, prior to final approval. Mr. Keating said this was a continuation of previous discussions as to the optimum location for the remote storage tank which is needed in the water system. He further added that the Consulting Engineer was requested to prepare a schematic drawing, which would indicate the location of the property owned by the City, also, showing the tentative location for the storage tank. He felt this item could be considered at a Workshop Meeting, as to location problems with the tank, plus other discussions. C/W Kelch felt it was presently indicated too close to the inter- secting roads, and inquired whether accessibility was required, to which Mr. Keating responded that the particular intersection was not the best location. C/M Disraelly indicated that he viewed the sketch and spoke to Tony Nolan about it, advising that the storage tank will stand 20 feet high, and a possible berm of 12 feet. Mr. Nolan did concur that Tape it is very viable, for five (5) feet to be dug, and drop the entire tank Side for that amount, with the earth being obtained, be more than sufficient #4 for the berming. He also felt that the aesthetics and beautification should be considered; with the possible location in the northeast corner, where there is a large confluence of three canals, and large -size lake. Mr. Gross said that City property has to be platted, to which C/M Zemel responded that he was well aware the property was owned by the City, and there was an option on another piece of property, which would not be near residential units. He further noted that Tract 27 was opposite the church, and is in the center of a newly proposed residential area. He also said there were three residential sections in the area, and beautification was of utmost importance. He inquired why the storage tank could not be constructed on another tract, where it would be in an area completely avoiding residences. Because he did not have ade- quate information, it was his feeling that he could not approve this. Mr. Keating said that the location of Tract 27 was central to a resi- dential area, as noted by C/M Zemel, and was the primary reason for such location. He said the purpose of the storage facility is to have an additional provision to insure adequate pressure in the distribution lines in the area, which is far from the treatment plant. Such storage tank, he said, would provide an additional source of supply for fighting fires, should that need occur. Mr. Keating also stated that it would give the City the provision to rechlorinate the water, to insure its meeting the Health Department standards, as far as chlorine residual. From a hydraulic standpoint, he said, the idea which was attempted was to locate a facility central to the one being served, and Tract 27. is City property, and centrally located for various needs, or in the immediate vicinity. He felt that Tract 46 was extremely remote from that area. Mr. Keating additionally stated that beautification was included with the construction work, at the same time as the site plan. V/M Massaro read a letter from Williams, Hatfield & Stoner, dated 5/22/80, which discussed Tract 46, and also included Tract 27 as the second additional site being investigated. It was also noted that three sites were investigated, with Tract 27 having the best results to the distribution system pressures. C/M Disraelly also indicated that Tract 46 would require a tremendous amount of work, in upgrading the pipe sizes, by doubling or tripling; -11- 9/10/80 And, it was also noted that it would not be a central location.in Tract 46, but would act as a hub of a radius in Tract 27, with service to the entire City. C/M Zemel said that he did not object to the use of City owned land, which involved no additional expenditures, cost savings by having shorter lines and more accessibility, and better facilities in the event of a fire, or anything that is to the betterment of the residents of the City. But, he added, that unless this would be a landscaped type of structure, and not be offensive to the people who live there and own their homes, then he would be pleased to agree with the area that is designated. Mr. Gross informed Council that once the property is approved, then a site plan and plat will be necessary, and the opportunity will present itself for City Council input. V/M Massaro said that all the Council members concurred with C/M Zemel, and did not want anyone's property to depreciate, because this would involve damage to the entire City. She felt that action could be taken on the tentative location of the site, with an additional report to be submitted from Mr. Keating and Mr. Nolan, as to the appropriateness of of dropping the tank from 3 to 5 feet, and then bermed, it would not be visible. But, of course, she said it would be subject to very careful monitoring of the plat and site plan, as it progresses through the City. V/M Massaro MOVED that the site of Tract 27 be tentatively approved, for the future chlorination tank, and prior to final approval, that a recommendation or memorandum be obtained from Mr. Keating and Mr. Nolan, as to the possibility of dropping this tank to approximately five (5) feet, or to whatever amount it could be dropped. Also, she felt the best location in Tract 27 should be obtained, and C/W Kelch SECONDED the motion. Mr. Birken said that fund transfer will be necessary for the transfer from the Utility Fund to the General Fund, to which Mr. Gross added that the property will require an appraisal. VOTE: ALL VOTED AYE. LEGAL AFFAIRS 8. Executive Airport - Report by City Attorney - Discussion and possible to authorize the City Attorney to act on the City's behalf in connection with the airport expansion. (SYNOPSIS OF ACTION: Authorization approved to seek itemporary injunction, plus whatever is spelled out in the Milledge & Hermelee proposal of 9/5/80; also, it is understood that Mr. Birken or Mr. Ruf will iparticipate in order to keep costs down. Mr. Birken advised that Mr. Arnold of M & H Consulting Services, Inc., was in. attendance, but Mr. Gallop of Milledge &.,.Hermelee, was out-of-- state, and not able to attend. He said that for the past six months an attempt was being made to alleviate an undesirable situation. The City Attorney indicated that a report has been prepared by the firm of Milledge & Hermelee, with a noise study authorized by Council, which he assumed was being prepared by Mr. Arnold. As a result of Mr. Arnold's work, he said it was discovered -that there was, either through inadvertence or otherwise, certain figures that were inaccurate, concerning noise levels generated by the airport. These were prepared by the consultants hired by the City of Ft. Lauderdale. It was brought to the City's attention, by Mr. Gallop, he said, a 1979 Federal decision, which involved facts similar to those existing at the Executive Airport, where the FAA endeavored to piece -meal approvals. Such an approach, he said, was contrary to Federal Regulations enacted by the FAA itself, and other Federal agencies. Mr. Birken said that a back -door approach was tried in Maine, where a citizens group brought action to enjoin the piece-mealing by the Federal agencies, which litiga- tion was successful. A copy of the decision was distributed to Council, and also cited to the Ft. Lauderdale City Attorney's office. -12- 9/10/80 mr/ Mx. Birken said contacts were made with the FAA to to their attention; also, indicating the deficiency feels does exist, as relates to the noise study. bring the lawsuit which the City Mr. Birken said that Mr. Gallop was present this day, in order to recommend strongly that the City authorize them to go into Federal Court, to endeavor to obtain injunctive relief, to compel the FAA to follow its regulations and have an environmental impact statement prepared. This would al'so.be a) time consuming, b) costly, and c)with results being beneficial to the City, which might uncover something that could be crippling to the continued use or expansion of the airport. The decision making process, he believed, would be moved from this area to Washington, D.C., which the City would favor. The City Attorney stated that the cost is not small, and the results could involve time extensions or delays to the City of Ft. Lauderdale. C/M Zemel felt that a problem was being faced, which was not localized to any particular area. It was.also felt that the homes east of 441 were not the only areas affected by the expansion of the runways or airport facilities -for different types of aircraft, he said. He said that everything should be done opposing such expansion, and to commit the necessary funds for further action. Mr. Birken responded to a question of the Vice -Mayor, by stating that, if the lawsuit is won, it does not mean that the airport will be shut down, and night flights will be prohibited. It does indicate that the City is in a strong position, in the dealings with the City of Fort Lauderdale, he said, and seeking preliminary injunctive relief. It was also felt that the litigation could be heard quickly, because it was not permanent injunctive relief, and actions of the FAA, in approving certain grants, does necessitate action being taken by the City, as quickly as possible. This will, he stated, encourage the Court to set an early trial or hearing date, on the motion for relief. He anticipated, at the least, that the City of Ft. Lauderdale would be required to expend a considerable amount, in excess of $100,000.00, for an environmental impact statement. The review process would then be shifted, he said, outside of this area, with a significant delay in construction of the ILS or the expansion, if granted, and the Skytel. If successful, the City Attorney advised that the City would be in a very good bargaining position with the City of Ft. Lauderdale, as re- lates to the future development of the airport. V/M Massaro inquired about further fees or costs, because it went from $4500 to $20,000, and is presently up to $33,000, Earl G. Gallop, of Milledge & Hermelee, was in attendance, and responded that success of the preliminary injunction, which is 80% of the work, involves time in obtaining a permanent injunction also. The pre- liminary injunction requires proof of its merits if it goes to trial, and also without necessity of a full trial, that the different project elements will come together under an EIS review. When the EIS review is taken, he said, it would cause the FAA to have a statuatory duty to consider the interests of the City, and their role as attorneys will drop back, and the bulk of their services for the City, will be accom- plished. He additionally stated that the role of Norman Arnold, as the Consultant, will continue for monitoring the data, conclusions and methodology used in the EIS. Mr. Gallop said that Mr. Arnold is an airport expert, and is associated with their firm. Mr. Birken informed Council that if a Court procedure is entailed, that he would Irish to be involved, in order to minimize the cost, because it is a very sophiscated and highly specialized area of the law, and could not be handled entirely in-house, because of the hours and the complexity of the Federal Regulations and Standards. Mr."Gallop advised that the original cost estimates could be referenced, with the preliminary injunction being 800 of the permanent injunction, as relates to work effort and cost. If successful, and causes prepara- tion of the EIS, then recommendation 4, in Appendix E, which is PIR strategy, and involves Mr. Birken's time; and, also recommendation 5, EIS strategy. -13- 9/10/80 mr/ The original cost for the PIR strategy was budgeted for approximately 100 hours of City Professional Time, and EIS strategy was allotted for Mr. Arnold, at $2500;which would result in higher time, that will be significantly revised, as a result of the litigation. The time, he said, was originally estimated at $10,750.00, but would be considerably less. Tape Mr. Arnold said the Court determination and the City of Ft. Lauderdale Side and FAA actions are not known, and felt that he could not give a partic- #5 ular resolution to this problem, within a stated amount of dollars. He discussed a Federal Impact Statement being prepared, and felt that a personal visit should be made in Washington, D.C., as to the involve- ment. V/M Massaro inquired about cutting -down on the costs in-house, because this involved an additional $25,000, plus $33,000; this would include $6,000 to $7,000 for the permanent injunction, and the DRI is $2,500, EIS being $2,500, with a percentage of $10,750. Mr. Gallop said that Mr. Birken has expressed a desire to work with them on the preliminary injunction, should it be pursued.. He also stated that the legal costs could be shared, but not the planning costs, because it is a highly technical area requiring a specialist, such as Mr. Arnold, to fulfill that function. Mr. Gallop also noted that the day's time budget, which is indicated on the back of the transmittal letter, does show 35 days of attorney's time. lie also noted that dif- ferent elements could be shared, which would reduce the costs. Mr.Gallop indicated that the attorneys time would be approximately $500 per day, according to their configuration. Mr. Gallop said that after the hearings on the Instrument Landing System, the FAA determined that the system would have no significant impact, which is called a FNSI, which is finding no significant impact. Based upon that, through Senator Stone, the FAA announced there is an excess amount over $1,000,000 for the airport improvement program, runway extension, ILS, moving power lines, etc. He said that as far as noise impact is concerned, they relied on the environmental assessment that was prepared by the Airport Consultant for the runway extension. Mr. Gallop said that some of the significant information contained in the environmental assessment is inaccurate. C/M Disraelly confirmed the fact that the ILS and the runway was being handled as independent items. Mayor Falck felt a decision should be made at this time, because he is serving on the Planning Council, and the Regional Planning Council, with such matters being presented before both groups for the past few months. Until the present time, everything that has been done by the Planning Council, and the committees within, at Broward, have been favorable to the City. He did state that they rejected the proposals that were submitted by the Ft. Lauderdale people. Also, he said,the South Florida Regional Planning Council insists that they want one project which would include the lighting, the runway extension, and Skytel. The Skytel project would attract lear .jets, due to the enlarge- ment plan. The Mayor said he attended a meeting yesterday of the North Advisory, which includes representatives from all of the schools north of Oakland Park. At its conclusion, a group of ladies came before him from various areas, and requested that some relief be given because of the activities at the airport, because the tower is not in operation. This tower does close 'down, he said, at 11:00 P.M., and remains closed until 7:00 A.M. the following morning. He felt that something should be accomplished now, because the opportunity to pursue something in the future, would be limited. Mayor Falck said if a point in time is reached, where nothing is being produced for the City, then he would seriously consider abandoning it. Mayor Falck said people would be affected in various areas of the City, but,specifically, he said at least 1000 homes east of 441 would depre- ciAte in value. V/M Massaro indicated that Mr. Arnold felt they were prepared to start, and, if the Planning Council and the South Florida Regional Council has rejected their proposals, she inquired as to its effect. MIZ 9/10/80 mr/ VOTE: ALL VOTED AYE. 5. Banyan Lakes - Bailey Road - Discussion and possible action to approve a water and sewer developers agreement. SYNOPSIS OF ACTION: Addendum to agreement approved, with conditions. Alan. Ruf, the Consulting Attorney for the City, advised that Banyan Lakes was a subdivision in the unincorporated area of the County, with a site plan approved by Broward County. The water and sewer are both serviced by the City's utility; also, noting that the project was secured under a Developers Agreement, with 50 ERC's from Tamarac Utilities, Inc., and was dated April 11, 1979, approximately 6 months prior to City ownership. Mr. Ruf advised that the developer was willing to execute a Developers Agreement, and pay the standard fee for the additional 76 ERC's, which are necessary for the completion of the build -out of Phases 1 and 2. He further added that he spent a few hours with Larry Keating, who did not have any problems with the concept. The problem with the developer signing a standard Developer Agreement, he said, is that many of the items called for, in paragraphs 1)c),d), e)and f),are preparatory to the approval of the plans, and the instal- lation of the system. Mr. Ruf said the plans have been approved, and the water and sewer system and the collection distribution in Phases 1 and 2 are in, and was accomplished prior to the time of Utility purchase. He further commented that the developer requested to exclude paragraphs 1) c),d),e),f)and r),on the second page, and involves impact, but the developer will sign the agreement based on this. C/M Disraelly inquired as to the system being sufficient, and would not be upgraded under today's requirements, to which Mr. Ruf responded that the lift stations and size of the mains were sufficient, and Mr.Keating did not object to exclusion of the indicated paragraphs. Mr. Ruf said there is a third phase, with service not being requested, and has been approved by Mr. Keating, for the entire development. He reiterated that 76 ERC's were being applied for, in order to build -out Phases 1 and 2, which includes 50 plus 76, and the agreement for the 50 is enforceable. Mr. Ruf advised that Larry Keating called Tony Nolan's office, and it has been ascertained that no upgrading will be necessary, but anything required in paragraphs c),d),e)and f),could be picked -up in h), if there are problems. V/M Massaro indicated that this could not be done, because if $100 are collected, then the City absorbs all costs at that point, and the res- ponsibility is absorbed for all lift -stations and pumping stations, with the City making those corrections. She added that the developer is not responsible for the 50 units, but will be responsible for the lift and pump stations at that point. C/M Disraelly confirmed the fact that item 1-b) is not being excluded, and indicates that the developer shall pay a plan review fee of $500, which can be held for the third phase. Mr. Ruf said that it was pointed out by the developer's attorney that it would be advisable to go for complete approval in Phases 2 and 3 at this time, due to changeable conditions. Also, the entire process has to be started with Phase 3. He also said that the entire Developers Agreement is viable, and back on track in Phase 3, unless the City is. satisfied. The Consulting Attorney indicated that Mr. Keating pointed out that the Phase 2 approvals by the State and County agencies, are awaiting the Developers Agreement, and a transfer of ERC's could not be approved from Phase 1 to Phase 2. He responded to a question of the Vice -Mayor, by stating that approval of the addendum to the Developers Agreement, does not nullify the original agreement, but includes current rates. -16- 9/10/80 mr/ Mr. Birken said these groups are only advisory, and make recommendations and review, which are given to the FAA. In turn, he said the FAA has disregarded their rejection. V/M Massaro said that at Mr. Birken's request, either he or Mr. Ruf will participate, in order to keep the cost down, she would MOVE to approve the authorization to seek the temporary injunction, or what- ever else is spelled -out in their recent proposal, dated 9/5/80, and C/W Kelch SECONDED. VOTE; ALL VOTED AYE. C/M Zemel requested to be excused from the meeting. FIVE-MINUTE RECESS WAS CALLED BY MAYOR FALCK. 13. Re ulations for Dealers of Used Merchandise - Tem . Ord. #783 - Dis- cussion and possible action to establish regulations for businesses involved in dealing in any type of used merchandise. First Reading. SYNOPSIS OF ACTION: Approved, as amended, on 1st Reading. The City Attorney read Temp. Ord. #783. Mr. Gross said this ordinance was brought to Council's attention by the Police Chief, due to increased burglaries throughout the County and State. Chief McIntosh felt that the purchase of stolen jewelry could be controlled with this ordinance; which would prohibit jewelers buying from juveniles, and only people over 18 years of age. C/W Kelch MOVED that Temp. Ord. #783 be approved on first reading, and C/M Disraelly SECONDED. Sol Robinson represented 32 jewelers doing business at the International Jewelers Exchange in Tamarac. He said they were supporting this ordi- nance, but requested some minor changes, due to burglaries, and the sale of those items to unscrupulous people. Mr. Robinson said the people at the Jewelry Exchange have been keeping records of any pur- chases they make from unknown persons, and is a method of protection that the item or items were bought in good faith. He requested particular language changes; page 1, Section 1, line 22, "mark or other details as will aid in making identification of such article or thing possible." Mr. Birken and Chief McIntosh concurred with this change. Mr. Robinson also suggested the following language change, commencing with line 23; "All individuals and firms required to keep records under the terms of this ordinance shall keep such records in duplicate, and shall, upon demand by the Chief of Police or his representative, fur- nish the City with a copy of such records, either at regular intervals or at any other time as determined by the Chief of Police or his repre- sentative. The records shall be kept by the person or firm making the records for at least fifteen days after the goods, wares and merchan- dise is disposed of." He said this would avoid daily submission of such reports, unless specially requested. Mayor Falck felt the suggestions and revisions could be made on first reading, and will be recalled for second reading on September 24th Tape Mort Student inquired whether there was a particular law relating to the Side melting of gold, until a period of time after purchase, to which #6 Mr. Robinson responded that there is no law to that effect, which is due to the volitility of the gold market. C/W Kelch .AMENDED HER MOTION, to include approval on first reading, Temp. Ord. #783, as amended, on lines 22 and 23, with spelling correc- tions, and C/M Disraelly concurred. Mr. Birken confirmed the fact that all other changes will be further discussed on second reading. -15- 9/10/80 mr/ I Mr. Ruf said that a Developers Agreement must include 76 units, because County and State approvals are required, and the present agreement does discuss Banyan Lakes Phase 2; also, there is another agreement for Phase 1, with a future agreement for Phase 3. He noted that the de- veloper's attorney suggested approval. for Phase 2 and 3 at this time, but the developer did not concur. C/M Disraelly MOVED for approval of the addendum to the Developers Agree- ment for Banyan Lakes, and authorize the proper people to sign it, and further MOVE that the Developers Agreement for 76 additional ERC's, be approved on a new Developers Agreement, with the proper people to sign it, with the understanding that when Phase 3 comes in, it shall be subject to the Developers Agreement, and payment of such fees and conditions that are in effect at the time that the proposal for Phase 3 of Banyan Lakes is presented, for the City's consideration of water and sewer. V/M SECONDED the motion. VOTE: ALL VOTED AYE. MEETING WAS RECESSED AT 12:30 P.M. FOR THE LUNCH RECESS, to 1:30 P.M. MEETING CALLED TO ORDER, ROLL CALL TAKEN, WITH C/M ZEMEL BEING ABSENT AND EXCUSED,WITH ALL OTHER MEMBERS BEING PRESENT. Tape Side (See page 19 for Item #9 - Broadview Utilities) #7 -17- 9/10/80 mr/ -18- 9/1.0 /mr C 1 VERBATIM TRANSCRIPT OF ITEM #9 -- BROADVIEW UTILITIES (Request of V/M Massaro) (Tape Side 7) LEGAL AFFAIRS: 9. Broadview Utilities - Bailey Road - Discussion and possible - action on: a) Acquisition of Utility b) Establishing Independent Utility Authority SYNOPSIS OF ACTION: Tabled to future date City Manager and City Attorney authorized to discuss legal aspects involving the area serviced in the City of Tamarac. MR. GROSS: As the Council probably knows from the newspaper articles, there has been a private utility operation in the area called Broadview and some people from the city of North Lauderdale have set up a private utility authority in order to take over the utility. From what I understand the final agreement between them and Broadview Utilities is in their hands and they will be taking it up with the city of North Lauderdale very shortly. In the meantime we have also talked to the owners of the utility and I have conducted my own independent review of Broadview Utilities. From a City of Tamarac point of view for the citizens of Tamarac, it looks as if it would be a very good acquisition for the city to make or be involved in since it would not cost the city anything and eventually would help the city in expanding its territories, expanding its tax base, and at the same time giving better service to the individuals in that section including our Sabal Palms area which at the present time gets water from the utility. On the other hand, I have reviewed the operations using the 1979 Broadview report to the Public Service Commission and also by personally reviewing, by going out there, inspecting the property along with an engineer from Williams, Hatfield and Stoner. The price which was offered to us by the utility was $2,400,000.00 for the facilities including the collection system and they want $1,120,000.00 for futures, future operations, those items being brought in approximately 700 actual units, which comes out to $1600.00 an ERC. C/W KELCH: Explain that Ed. They're looking for $2,400,00.00 plus the futures? Plus the futures, right. The futures of course they wish to get paid for in the future. They don't want to get the money at the present time. C/W KELCH: But they want them. MR. GROSS: They want them. I have reviewed the system very closely from now and I'm not a professional, I only can go through from my knowledge of it. Talk about the sewer plant first. The sewer plant has a 500,000 gallon capacity. They are very close to the capacity at the present time,.M.aybe another 120 units can be put into that sewer unit at the present time. C/M DISRAELLY: How many? -19-- 9/10 /pe Mkt. GROSS: About 120 units. I believe - my figures show 114 units. Actually left to be put into that sewer plant. However, as with all other sewer plants in this area, it is scheduled to go into the 201 Program and they at the present time are negotiating with the County to have their sewer plant taken out of operation and for the County to take over the full half million gallons of sewerage a day. This is a distinct possibility they're on the line, they are within a very few feet of the line, that is, and we are already using it for the City of Tamarac. This of course would mean at that point the sewer plant would be worthless and that they would have to pay the additional monies to the county just like we're paying additional monies to the county for the processing of the sewerage. In the water area -- C/W KELCH: Before you leave that, have they made any proposal to the county? lulqf�liTSMMIZ They have made -- to go into such? C/W KELCH: About the take over. MR. GROSS: Yes, yes. They are in the middle of negotiations right now C/W KELCH: So there are definite negotiations? MR _ C;RCISS Right. and Mike HQr zmyer has checked with them - unfor- tunately Mr. Spradling from the county did not call me back in time to come back to you, but from what I understand from Mr. Horizmyer anytime now, anytime within the next few weeks as a matter of fact, the county could approve their going into the county and they could merely put in the connection which would be very inexpensive. MAYOR FALCK: As of this moment though, they have not completed a large user's agreement, is that right? MR r_unc.c . That's correct. But they can immediately and they originally indicated that they would go into the large user's agreement immediately with the county. C/W KELCH: I just want to clarify that this is the original Broadview Utility and not the Authority to which you referred earlier. ED aROSS That's right. This is the original Broadview Utility we are talking about now. The sewer plant itself is in fair to poor condition. They haven't put any money into it basicially C.NIM 9/10/80 /pe because they want to go into the 201 Program and of course as I said before the capacity is almost to the top. The water plant capacity is a 1,500,000 gallons. At the present time their peak has been around 925,000 although they actually average somewhere around 700,000. They could double and possibly triple their facility without going into substantial expenses, except for the fact, that they are going to need larger storage capacity as required by law a few years back just like we're looking for larger storage capacity. They do have some wells in the ground already which are capped, which are giving them substantial water and they do have other areas which they have marked for future wells which will give them plenty of water to cover their total territory. It is extremely feasible for them to be able to complete their operation there in the next five or six years. If somebody comes in to develop, that's, that's -- because it's only a small area that we're talking about. In reviewing, as I said, their total capacity we find that their water system and their collection system is in good shape from looking on the outside in. That's without any professional help. C/M DISRAELLY: Lift stations and the electrical connections and the motors have not been checked -- nobody has looked at them? rul:-�dNON,*.� That's absolutely right. Right. That's one of things we are going to be talking about in a couple of minutes. C/M KELCH: Quality of the water is up to standard in every respect? MR. GROSS: Yes Maam. My information deals with the report that ends December 31st, 1979. That was the last report they had to give to the PSE. C/W KELCH: Well you certainly have on this last question I asked something more recent that you could look at, I mean, from the Health Department --- MR. GROSS: Yes, they have monthly reports that go in and they have been within the standard on everything. C/W KELCH: Very good. MR. GROSS: From the point of view of the city, it's a good purchase. it would be good for the city in the long run. Unfortunately at the same time my initial figures do not show that the same would be for the people that live in the area. I only can say at this point that the costs involved I cannot see how the rates can be kept in the same area, especially with the fact that they must go into the county system. With the purchase of the property at the high value, you have to have interest and expenses and principal you are going to have to pay on that and that in turn would cause the rates to stay high or -21- 9/10/80 pe even go higher eventually. Right now the rates in that area are one of the highest in the county, if not the highest, and so there is a lot of questions involved here that I can't answer at the present time and for that reason I think that if the city wishes to go any further in this, they should set up an authority board, the authority in turn can contract to have someone come up with a feasibility study. Williams, Hatfield & Stoner has said they can do it for between $5000 and $10,000 and we can look into it further, but I at the present time, with the figures that I have and with the information I have at the present time, although again I think it's good, good for the city to be able to look into the area, to expand and for future expansion of the city itself also, I cannot justify all their figures and I cannot say that from the property owners in the area, it would not be the best for anybody, not just the city, but anybody to buy the utility at the present time or at least until such time as they go into a 201 Program. And at that point the sewer plant will be worthless and you wouldn't have to purchase the sewer plant. C/W KELCH: Would you like to enlarge on your coirmient in regard to their calculations on the futures that's on your second page here? I really don't understand that at all. MR, GROSS: Okay. They'll come up with a figure of 700 as their average number of ERC Is that would be needed in theiroperation and I come up with a figure of $1600.00 per ERC. Actually we're talking about when we get down to the nitty gritty, we're talking about the more ERC's involved because part of that area is the Sabal Palms area and that a r ea is water only, so therefore the cost of ERC in that area would probably be lesser because you're talking about water only. Other areas it may be higher, so you may have more water connections and lesser sewer connections than 700. C/M DISRAELLY: If anything was ever done with it, what would be the avail- ability of tying our two systems together in the year 2000? MR. GROSS: Okay. The availability would be excellent as a matter of fact because of the fact that it would be good for both operations. At the present time we are connected. After the Sabal Palms fire, we did go into the expense of connecting the two systems with a valve so in case we have a fire, we can add water to the system to give enough water for the system. C/M DISRAELLY: The sewers would go independently -- MR. GROSS: The sewers are independent, but again the sewers are both going into the 201 Program so it doesn't, there will be no difference in that at all. But of course where your savings are is the fact that your billing costs, your maintenance costs in the long run will be cheaper if someone else took them over because of the fact we already have the manpower, we have the bigger and better equipment which they don't have, etc. 00x= 9/10/80 /pe C/M DISRAELLY: But if they're talking about $1600 for ERC's and you break it down using theoretical numbers,600 would,probably 700 would be the water and 900 or a thousand would be the sewers and you're going to be paying them $1000.00 - I'm just using that as a round number. You're using that as a sewer ERC and its going to go into the 201 Program so then we are going to be paying 201 to handle the waste water and paying them $900 to put it into that line to pay additional fees. MR. GROSS: That's correct. That's what they're trying to buy. C/M DISRAELLY: Well you know when you talk numbers like that that yourve got to pay not only for the ERC and then pay somebody else for handling the waste water, to me it doesn't make too much sense, so we have to come up with something a whole lot better than these kind of numbers before -- a big feasibility study I can understand, but only if you start talking about practical figures when you get all through with this. MR. GROSS: Well again, North Lauderdale now is talking with them and they are talking the same figures. C/M DISRAELLY: I don't want to.be pressured into buying this because some- body else is bidding on it. MR. GROSS: That's why I'm saying to you is that from my review, from the standpoint of the people who live in the district, I don't think, it doesn't seem to me that the figures are worthwhile at all and that eventually it will cost more for the people that live in the district. C/M DISRAELLY: They have got to have a much sharper pencil than what they're using. V/M MASSARO: Mr. Mayor, these figures are so unrealistic, not only to the people who live there and will be using this service, but to the city as well for any acquisition or consideration of any acquistion and I think in view of the fact that our time is so limited today and this is so unrealistic, that it's ridiculous to be wasting our time and perhaps the City Manager can research this further and if he can come back to us with something that makes a little more sense, I'm sure Council will be happy to review it. MAYOR FALCK: I think your point is well taken. Could I just ask a question. How many of our people are actually involved with this utility at the present time, do you know? MR. GROSS: Well, at the present time I believe the Sabal Palm area is 320 units that the whole Van Bott area is being built now and this other area is being built up right now. It will be about 1000 -23- 9/10/80 /Pe L units altogether before we're finished. MAYOR FALCK: That's water only? MR. GROSS: Water only. __.. MAYOR FALCK: They furnish the water and -- MR r_Rncc We furnish sewers. Right. MAYOR FALCK: Okay. MR (_Rnq_q At this point in time I think that if we let it go, that should be the end of it because they're working with North Lauderdale. I don't want to jack up the price any more to help the company that's trying to sell and at the same time I feel that the figures I have are not feasible. C/W KELCH: Well, the only questions I had was not a question really, it was just something that occurred to me that regardless of how much further research Mr. Gross may do in connection with this, we would certainly not be willing to enter into any kind of an arrangement on this as far as I am concerned unless we had something of a more technical nature, I mean that we had an expert opinion on the thing. But, how can we get this without the expenditure of general funds. MT? (,RngS Well, the only way is what North Lauderdale did and that is to set up a private authority and let them get the infor- mation, because I don't think the city could spend the money. C/M DISRAELLY: You do it, and bring us the feasibility study and I'll be very happy to review it. V/M MASSARO: Without any cost. C/M DISRAELLY: You do it. May I ask this last question. Is there any pos- sibility of divorcing the water from Broadview and making arrangements with them whereby we will supply water to that area of Sabal Palms in the city to which we are currently supplying sewer service. Can we, is it possible, do we have to go through PSC in order to do that or can that type of arrangement be made? MR_ CRnSS_ Okay. Let me just say this was broached them -of course, and their answer was, heck no, a little stronger than that, that this is a big selling point to them whoever buys the utility S510 9/10/80 /pe L I has that much more income coming in and certainly it's to the advantage of whoever buys the total utility to have this system. I think though that it will be something that we should, if North Lauderdale is definitely going to go into purchase this thing, I think it's something that we should definitely look into legally or have our City Attorney look into because the cost to the citizens of Tamarac are most important to us and those citizens who live in Tamarac are going to have substantially higher costs for no reason and we want to make sure that we pro- tect our people. C/M DISRAELLY: May I respectfully ask that that be pursued whether we do any- thing else and discuss the possibility -- MAYOR FALCK: You'r talking about the legal aspects? C/M DISRAELLY: The legal aspects of bringing the water back to the city, since we're supplying the sewerage and we've got that cut-off some- where in there ,all we'.ve got to do is turn the valve off if they'll sell it to us and make some arrangement for their sale and will you administrate -- will you take care of that? MR_ nRn.qS I'll ask Arthur. C/M DISRAELLY: You'll take care of that and bring us back a report. MR. GROSS: At this point in time then I think that I have to give them an answer from the city at this point and I guess the consensus of the Council that I tell them that the City of Tamarac is not interested. V/M MASSARO: Just tell: them that the figures are not realistic. MR. GROSS: I've already told them that. MAYOR FALCK: I would think that was the proper approach. And the other thing to relate to the questions that other Council people have raised relating to the legal and the possibility of water turn -on and all that type of thing, I think that should be reviewed by you without getting us involved in any kind of a feasibility study or anything else. C/M DISRAELLY: Mr. Mayor, we don't need a motion on that. Do you want him to do it administratively or by motion? MAYOR FAT.CK - I think we should do it by motion really. Our records then would be more clear. C/M DISRAELLY: I would MOVE that further discussion of the Broadview Utility -25- 9/10/80 /pe acquisition be tabled for some future date, but that meanwhile the City Manager and the City Attorney be authorized to engage in discussing and finding out the legal aspects of the City acquiring from Broadview Utilities the water service for that area which is served in the City of Tamarac and for which the City of Tamarac provides sewer service. MR. GROSS: Before the Second Mr. Mayor, let me give you just one more fact which I think is very important to bring up to you and that is at the present time their total revenues are a half -million dollars a year. The cost of a $2,400,000.00 bond for twenty- five years at 9%, which as you know is pretty hard, is $240,000 a year. That means that half the money that was coming in at the present rates would have to pay the bond. issue alone. C/W KELCH: It makes it worse. MAYOR FALCK: We have a motion. Is there a second to the MOTION. C/W KELCH: I second the MOTION. MAYOR FALCK: We have a motion. We have a second. Is there further discussion by the Council? Call the question please. VOTE: ALL VOTED AYE. PUBLIC HEARINGS 15. Rezoning Petition -- Jack Detrick - Petition #20-Z-80 - Discussion and possible action on request to rezone the southwest corner of McNab Road and N.W. 88th Avenue from R--4A to B-5 by Temp. Ord.#799. First Reading. SYNOPSIS OF ACTION: Denied on 1st Reading Mayor Falck said that a request was made by the Attorney for the Greens Condominium,asking that action be deferred by Council at this time, due to a religious holiday period. Andrew Siegel, the Attorney representing The Greens Condominium, was in attendance. Mr. Gross read Temp. Ord. #799. Mayor Falck opened the discussion to the public. Julian Bryan represented the Petitioner, Jack Detrick, and advised that the petition was for rezoning of a one (1) acre site on the southwest corner of 88th Avenue and McNab Road, from R-4A to B--5 Professional Office District. He explained that B-5 tends to suggest a business district, and was formerly the R--O residential office dis- trict, which was prepared and planned to be compatible with residen- tial areas. When, he said, this district is used on a small site, the amount of square footage that can be placed, does not lend to permitting accessory businesses. In this area, he said, professional offices would be adaptable. Mr. Bryan said that a proposed use for B-5 would be for two -stories, as opposed to the three -stories which are permitted in the residential district. It would require perimeter wall and landscaping, he said, around the tract, if zoned B-5. He felt, that traffic use in this area will be dissipated over normal working hours, and would not be used at night. This was for approximately 10,000 square feet of structure, as B-5, which is compared to 20,000 square feet in an R-4A configuration. 1MOXM6 L 9/10/80 pe r � � There was also discussion of a document which involved for deed restriction and covenant, on the property, sometime ago. It is, he said, clearly omitted from the legal description of that document, but, there was no problem with a 50 foot setback requirement, because it is a proven setback along that street. The ingress and egress points, he indicated, from the standpoint of cars going in and out of the site, would be at the identical location. Mr. Bryan advised that as B-5, there must be a 20 foot perimeter green belt and landscape area around it, which is equal to the normal rear and side setback, as indicated in the Code. Also, there must be a wall of visual screen around the property, which would not be required in the residential district. He responded to C/M Disraelly's question, by stating that B-6 is three-story, and B-5 is two --story. Andrew Siegel of Schlichte, Carbo & Platt, was representing The Greens Condominium, and requested to deny the petition. He said that all the buildings overlooking the professional building area, and will be creating additional traffic. He also noted that the purchaser of the property was aware that it was zoned R-4A, and said there was no need in the area for another professional building. He further added that the Planning Commission recommended denial of this petition, and the Land Use Plan, which was previously accepted, did provide for R-4A property. Milton Meyer, a resident of The Greens, was not in favor of the re- zoning, and requested it be denied. Tape Side Eddie Webster, President of the Greens Condominium Association, said #8 that decisions were upheld by the City Council, but he made a category study of the surrounding areas of McNab Road and 88th Avenue. He said there is a professional building within one street, that combines 40,000 square feet, with 31 suites. There are presently, he said, 20 suites vacant, and with a new professional building on the corner of McNab Road and 88th Avenue, there will be empty office space, and vandalism occurring, which will require security. As President of 210 condominium owners, would request that the petition be denied, as sug- gested by the Planning Commission. Mort Student spoke as a concerned citizen, and acknowledged the fact that the Planning Commission requested denial of this rezoning. Rubin Herman, a resident of The Greens, voiced his objection to the rezoning, indicating that McNab Road on the south side, and west of University Drive, is completely residential, but on the north side it is substantially commercial. Mr. Pearl indicated that he and his wife have been residents of The Greens for the past three years, and felt that reasonable consideration should be given, and the rezoning should be refused. Mayor Falck closed the public hearing, because there were no further comments received. C/M Disraelly MOVED that based on expressions presented to Council this day, he would request that Petition #20--Z-80, Temp. Ord. #799, be Denied, and V/M Massaro SECONDED the motion. VOTE: ALL VOTED AYE. 16. Rezoning Petition - William Zani - The Phoenix Company - Petition #21-Z-80 - Discussion and possible action on request to rezone the lands 730 feet south of McNab Road, extending westward from Nob Hill Road, approximately 1000 feet, from R-3 to B-2 by Temp. Ord. #800. First Reading. SYNOPSIS OF ACTION: Approved on lst Reading The City Attorney read Temp. Ord. #800. Greg Darby of Darby & Way, was representing The Phoenix Company, and said that in the preparation of the site plan, they have made a work- able agreement with the adjacent property owners in the Isles of Tamarac. They will provide a buffer area adjacent to the south side of McNab Road, and additional property was acquired to accomplish this, by -27- 9/10/80 mr/ F shifting the entire shopping center to the south. The rezoning, he said, will assist in accomplishing the necessary shifting of the shopping center to the south. Mayor Falck opened the discussion to the public, and closed it because there were no comments received. C/M Disraelly MOVED for adoption of Temp. Ord. #800, for rezoning from R-3 to B-2, on first reading, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. 17. Rezoning Petition - William Zani - The Phoenix Company - Petition #22-Z-80 - Discussion and possible action on request to rezone the land on the south side of McNab Road extending west from Nob Hill Road, 1000 feet, from R-3 and B-3 to S-1, by Temp. Ord. #801. First Reading. (Agenda correction was made on classifications, as noted) SYNOPSIS OF ACTION: Approved on lst Reading The City Attorney read Temp. Ord. #801. Greg Darby indicated that he represented The Phoenix Company, and said this petition requested rezoning to S-1, which was the 20 foot strip that was added on the north side of the shopping center, to an open space area. Mayor Falck opened the public hearing, and closed it because there were no comments received. Mr. Gottesman, a member of the Planning Commission, recommended ap- proval of this rezoning, as a resident of the Isles of Tamarac. V/M Massaro MOVED for approval of Temp. Ord. #801, on first reading, and C/M Disraelly SECONDED. VOTE: ALL VOTED AYE. 18. Rezoning Petition - Granek Properties - Petition #23--Z-80 - Discussion and possible action on request to rezone land on the west side of State Road 7 extending north from Commercial Plaza to the City limits, by Temp. Ord. #802. First Reading. SYNOPSIS OF ACTION: Tabled; City Planner and City Attorney to prepare amendment to the Ware- house Ordinance. The City Attorney read Temp. Ord. #802 Julian Bryan said that he was representing Granek Properties, and advised -that the area was north and slightly east of the Treehouse Apartments, which was a vacant tract formerly known as the Modell Tract. He additionally said that it was the front commercial acreage of the property, and overlooks Big Daddy's, an Auto Parts store, and a small furniture building, and various other sundry commercial uses. The property, directly behind it, will be presented at the next meeting of Council, for final site plan and plat approval, which has 208 units consisting of two-story garden apartments. He said they were requesting to construct, in a B-3 district, storage modules, which will be completely enclosed, and behind the business use, in front. There would be, he said, a one --way service drive with angle parking along the front, that would tie --in to the public entry road on the site plan, which has been approved by the Planning Commis- sion. There would also be one means of controlled access, he said, that would serve the storage units in the rear, and completely walled with perimeter landscaping on both sides. Mr. Bryan said that in preparation of the site plan, the buildings were put back to 50 feet, in order to permit the residential units to have twice the normal setback, adjacent to that required screening between the residential and the commercial tract. He responded to a question by C/M Disraelly, by stating that the planned height of the apartments and warehouses would be two -stories. -28- 9/10/80 mr/ J Mr. Bryan displayed an architectural rendering of the front of the building, and the method of controlling the traffic into the back area. He added that the proposed storage area would be controversial, but would be deed restricted, as presently operated in Miami and Ft. Lauderdale, which does not permit businesses to be operated from the area, or utilization of addresses and telephones. The apartments total 208 units, and the total square footage proposed at this time, is 71,490 square feet of building area, with a portion being the busi- ness use and another portion being used for storage. V/M Massaro did not object to the location, and felt this area was appropriate, but inquired as to control in the ordinances, prior to approval of storage units, and their regulations. Mr. Cross, the City Planner, said that there was no control on such storage units.,hy ordinance. Mr. Bryan said that between first and second reading, he would submit a copy of deed restrictions and regulations that apply, to the City Attorney, with a cover letter. C/W Kelch was aware this would be constructed in the area where she resides, and felt it was for excellent use, but was also aware that B-3 has many uses that she would find completely unacceptable. But, as a condition of acceptance, she would require a covenant for such protection. Mr. Birken said whatever is permitted in the district, is of proper use, but frequently a property owner will voluntarily limit the uses permitted on his property, through the means of deed restrictions. Enforcement by the developer, he said,might be of the best intentions, but once the property is sold,such enforcement may be overlooked, and there are no guarantees. V/M Massaro felt that consideration would be required, for tabling action, because the City's ordinance that regulates storage modules, does need amending, prior to such approval. Mr. Bryan requested approval on first reading, and prior to second reading, he would submit a petition, and a list of restrictions and uses, plus a list of management regulations for the mini --warehouses to the City Attorney. V/M Massaro was not in favor of action at this time, but would request that it be heard at the next regular meeting. Mayor Falck opened the discussion to the public, and closed it because there were no comments received. V/M Massaro MOVED that the item be tabled,for immediate action, in order to move forward; and, the City Attorney and the City Planner are to prepare an amendment to the ordinance, for the protection that the City is seeking. Tape Mr. Bryan suggested they be permitted to immediately submit to Mr.Cross Side and Mr. Birken, the restrictions on the B-3 uses, and restrictions on #9 the operation and use of the mini -warehouses. C/W Kelch SECONDED.,the motion. VOTE: ALL VOTED AYE. Mr. Birken explained that if a covenant is prepared,with the same owner- ship of both residential and commercial areas, any unit owner in the residential area should be able to enforce the covenant. This would give the people protection, as far as enforcement, he said. 19. Rezoning Petition -- Eugene Toll - Petition #24-Z-80 - Discussion and possible action on request ^to rezone the recreation parcel at proposed Southgate Gardens East development from R-3 to S-1 by Temp Ord. #803. SYNOPSIS OF ACTION: Approved on lst Reading The City Attorney read Temp. Ord. #803. : WOM 9/10/80 mr/ I Mayor Falck opened the discussion to the public, and closed it because there were no comments received. C/M Disraelly MOVED for the adoption of Petition #24-Z-80, Temp. Ord. #803, on first reading, and V/M Massaro SECONDED. VOTE: ALL VOTED AYE. 20. Rezoning Petition - Eugene Toll -- Petition #25-Z-80 - Discussion and possible action on request to rezone the recreation parcel in the north- west portion of Cypress III - Woodmont between N.W. 70th Street and N.W. 75th Street from R-4A to S-1 by Temp._ Ord._#8.04. SYNOPSIS OF ACTION: Approved on 1st Reading The City Attorney read Temp. Ord. #804. Mayor Falck opened the discussion to the public, and closed it because there were no comments received. C/W Kelch MOVED that Temp. Ord. #804, Petition #25-Z--80, be approved on first reading, and C/M Disraelly SECONDED. VOTE: ALL VOTED AYE. 21. Rezoning Petition - Eugene_ Toll - Petition #26-Z-80 - Discussion and possible action on request to rezone the recreation parcel in southern portion of Cypress III of Woodmont from R-4A to S-1 by Temp. Ord. #805. SYNOPSIS OF ACTION: Approved on lst Reading The City Attorney read Temp. Ord. #805. V/M Massaro advised the City Planner that Staff should not accept this without a sketch, in order for the layman to understand the location of the areas. Mayor Falck opened the discussion to the public, and closed it because there were no comments received. V/M Massaro MOVED that Petition #26-Z-80, Temp. Ord. #805, be approved on first reading, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. 22. Vacation of Easements and Rights -of -Way - Temp. Ord. #789 - Discussion and possible action to authorize fees be established by^Resolution for Vacation of Easements and rights -of -way. Second Reading. SYNOPSIS OF ACTION: Adopted on 2nd Reading, ORDINANCE NO.O- PASSED. as amended. The City Attorney read Temp. Ord. #789. C/M Disraelly suggested a verbiage change on line 16; "to all applications for He then MOVED for adoption on second reading of Temp. Ord. #789, as amended on line 16, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. C/M Disraelly requested the City Attorney to prepare the Resolution for the next meeting, to which Mr. Birken concurred. 23. Transmission Antennae - Temp. Ord. #790 - Discussion and possible action to amend Code Section 5, relating .to,.the height of antennae for amateur radio operators. Second Reading. SYNOPSIS OF ACTION: Not Adopted, due to a 2 to 2 vote on second reading. The City Attorney read Temp. Ord. #790. Mayor Falck opened the discussion to the public. Dan Dusing, was representing the License Amateur Radio Operators of Tamarac, regarding the ordinance on towers and antennaes. He indicated -30- 9/10/80 mr/ I � � r that the amateur operators do perform a service to the public, in emer- gency crises, and the increased height would give a broader and greater coverage for such service. C/M Disraelly and V/M Massaro indicated they have not received any objec- tions to such approval, but Mayor Falck was not in favor of this, because he felt a particular group of people were making an exception for a speci- fied group, in order to,extend antennaes for CBS, and other people should be given consideration, whether it involves television or anything else. C/M Disraelly advised that the height was not being changed with CBS, but 1) the height was being increased for licensed amateur radio opera- tors; and 2) they are being permitted to have free-standing antennae, where it was previously required to be mounted at certain locations. C/W Kelch discussed the amendment to the ordinance, which was added at the previous meeting, and related to retraction of 30 feet on the 45 foot aerial. She said that Mr. Ellner requested to not include this particular item, on requiring retraction to 30 feet, when not in use. Max Wellner of Section 10, said that he is here approximately 1 1/2 years, but was previously employed in New York City, with the Communications Department in Civil Defense, which also covered the small towns. He said that during emergency periods, very definite assistance is required, and power is of utmost importance. Alice Norian felt the Mayor's concern was well taken, but felt it did not apply to everyone, but Federally standardized regulations must be com- plied with. C/M Disraelly said originally the discussion related to 45 feet for license amateur radio operators, but it has been indicated this day, that if 12 volt batteries are used, then 45 feet would not be necessary. V/M Massaro said that several sections in the City took one individual to Court, because they had an antennae up; and, felt if a section is dis- turbed by this, then something of this sort should not be permitted, if it is objectionable to the people. C/M Disraelly indicated that the section lost the case in Court. Mayor Falck closed the discussion to the public, because there were no further comments received. C/M Disraelly said that he proposed the ordinance, and was still in favor of it, and MOVED the adoption of Temp. Ord. #790, on second and final reading, and C/W Kelch SECONDED,.the motion. VOTE_: C/W Kelch - Aye C/M Disraelly - Aye TIE -VOTE V/M Massaro - Nay 2 to 2 Mayor Falck -- Nay Temp. Ord. #790 not adopted, due to lack of majority vote. 24. Utility Regulations - Temp. Ord. #791 - Discussion and possible action to amend Sections 51 and 52 of Ordinance 80-35, and Sections 2 and 4 of Ordinance 80-66, relating to contribution charges and guaranteed revenue provisions. Second Reading. SYNOPSIS OF ACTION: Adopted on 2nd Reading, ORDINANCE NO. 0- p PASSED. as amended. The City Planner read Temp. Ord. #791. Mayor Falck opened the discussion to the public, and closed it because there were no comments received. C/M Disraelly noted that page 1, line 29 should be $11.67, and line 35 should be $5.34. He then MOVED for the adoption of Temp. Ord. #791, as amended, on second and final reading, whereby it is indicated on line 29, that the developer pays an interest charge of $11.67 per month, and line 35, he would pay the City $5.34 per month per unit. C/W Kelch SECONDED the motion. VOTE: ALL VOTED AYE. 9/10/80 -31- mr/ 25. Rezoning Petition - Ernesto Sartori -- Petition #2-Z-80 - Discussion and possible action to rezone the south side of Commercial Boulevard, 350 feet west of N.W. 31st Avenue, from R-lB to B-2 by Tem . Ord. #792. Second Reading. SYNOPSIS OF ACTION: Adopted on 2nd ORDINANCE NO.O-- fO--49f" PASSED. and final 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. V/M Massaro MOVED that Petition #2-Z-80, Temp. Ord. #792, be approved on second and final reading, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. 26. Occu ational License - Fees -- Temp. Ord. #793 - Discussion and possible action to amend Sections 41 of Ordinance 72-29, and Code Sections 14-9 and 14-23, by increasing fees and penalty provisions. Second Reading. SYNOPSIS OF ACTION: Adopted on 2nd and final reading, as amended. The City Attorney read Temp. Ord. #793 , ORDINANCE NO.O- PASSED. C/M Disraelly indicated the deletion of language which was determined on first reading; namely, line 9 of the title, after City Code, eliminate "and by amending Article III to conform with Chapter 624 of the Florida Statutes 14-23 and Article VIII". He inquired of the City Attorney, as to inclusion of newspaper machines, under Merchandise Vending Machines, to which Mr. Birken responded that litigation has occurred, and it was his understanding that it is not permissible to charge for this. It was noted to be on page 5 (21), Automatic Vending Machines. V/M Massaro confirmed the fact that there will be no charge for news- paper machines. Tape C/M Disraelly said that Appliance Installations are not covered, and Side it was recommended that it be inserted alphabetically on page 3, for #10 a fee of $50.00. He indicated that some of the items were not placed alphabetically, and would have to be retyped. He also noted that Automobile Driving Schools were not included. Mr. Birken said that C/M Disraelly stated that the fees have to be es- tablished this day, but the title was advertised, and felt that adding new categories might involve legal problems, where the public was not given the opportunity to address themselves in this area. He further added that Council might wish to enact whatever was advertised, and make some minor changes; with consideration to modification of the title. They could also consider holding a workshop._ V/M Massaro said that she has public notices from two different cities, and Appliance Installers are not spelled -out. C/M Disraelly advised that Storage Warehouse, #226, on page 22, should be broken down by rooms; also, the fact that a Health Studio will be coming into the City, which has not been addressed in the Ordinance. Mr. Birken felt if new categories are discussed, then action will be necessary, and then an amendment will be required. He said there were many items in the City Clerk's memo which could require action, and does not involve substitutive changes. Council was in accord that the Ordinance be adopted on second reading, and a workshop be held as soon as possible, for review of the various categories. Mayor Falck opened the discussion to the public, and closed it because there were no comments received. C/M Disraelly called attention to page 26, line 15, the word should be "taxes", instead of taxed. -32- 9/10/80 mr/ L7 Mrs. Bertholf, the City the advertising, and the permits a charge of 50% Clerk, advised that she included insurance in fees were low, because State Statute only of their fee, in the amount of $20. C/M Disraelly said that on page 8, the first item on the line is Pawn- brokers in the amount of $843.75, and on page 18, Pawnbrokers are listed for $375.00. He said that the listing on page 8 should be deleted, which is Item c, at the top of page 8. On page 4, Item 18 a) Real Estate Auctioneers per day is indicated at $425.00, and on page 21, it is noted for $70. V/M Massaro felt that Item #211 should be stricken, in the amount of $70. Mr. Birken also suggested that #132 - Insurance should be included, which is one complete page, to which the Vice -Mayor felt the figures were inadequate. C/M Disraelly stressed the fact of adopting the Occupational License Ordinance this day, because every license will have expired on September 30th. He inquired of the City Attorney, as to making adjustments for next year, but can some of the fees be revised, where they are too low. The City Attorney said there are statutory limits on rates, and if it is indicated for $10.00, then it can not be changed to $100.00. Mrs. Bertholf advised that the insurance page was taken from 0-75-4, which amended the Occupational License Ordinance, to conform to a change in the State Law in that year. She stated that no changes or deletions were made by her, but when the present Ordinance was adopted on first reading, it was not included. Mr. Birken responded to a question of V/M Massaro, by stating that if there has never been a fee designated, then there is a catch-all, which has never been covered, such as $75.00, and the catch-all could be increased. He also said when properly advertised, the catch --all could be categorized. The City Attorney said there is an ordinance that is going to be deleted, unless it is included in this day's action, and should be adopted or included as soon as possible. He felt that something that has been included for the past five years,should be inserted at the present time. Mayor Falck said that the insurance involved does not relate to a company, because they set-up an office, collect premiums, do billings, make changes of beneficiaries, and do the service work. This, he said, is a company office operation, with the sales people working out of the sales office operation, and is entirely different, and are agents. Mr. Birken clarified the words catch-all, by stating that it is anything not specifically enumerated. C/M Disraelly MOVED for adoption of Temp. Ord. #793, wherein there are two #132's included, and a correction has been noted for Pawnbroker and Auctioneers, as discussed; also, the bottom of page 24 was previously deleted, with page 25, paragraph c) was deleted and renumbered, along with the title, and on page 14 1/2. It is also understood there will a workshop designated, when called by the Mayor, for additional review of every item. V/M Massaro SECONDED the motion. VOTE: ALL VOTED AYE. 47. The Phoenix Company - Rezoning Request - Temp. Ord. #763 - Petition #12-Z-80- from R-3 to B-2. Discussion and possible action. SYNOPSIS OF ACTION: Tabled to 9/24/80 Meeting at the request of Greg Darby. (See page 5) Mr. Birken inquired of Mr. Darby as to having the authority to request Council to consider this item, along with others, at the September 24th meeting, to which Mr. Darby concurred. C/M Disraelly MOVED to table Item #47 to the next regular meeting, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. -33- 9/10/80 mr/ J M C/M Disraelly said that the contracts for the white collar and blue collar workers have provisions that on October 1st, 1980, there will be a seven (7) percent cost of living increase due to them, based on the contract. It has been customary for Council, to recognize and compensate the confidential managerial employees that are not covered under these contracts. 48. Increase to Confidential and Mana erial Em to ees- Effective 10/1/80 - Discussion and possible action. SYNOPSIS OF ACTION: AGENDiZED BY CONSENT increase approved for confidential managerial employees who are on -board for a minimum of 6 months, with City Manager and City Attorney to be considered on 9/24/80. C/M Disraelly MOVED to AGENDIZE BY CONSENT consideration and possible action for an increase to the confidential managerial employees of the City, effective 10/1/80, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. C/M Disraelly indicated that if Council takes this action, it will require an expenditure of $51,1137.85, in the planning of the budget for next year, which could be adjusted downward. His MOTION would include that all City employees who are in the confidential managerial classification, and who have been on -board a minimum period of 6 months, shall be granted this increase. Mr. Birken said that under the PERC Order, the City Manager and the City Attorney are classified under confidential managerial employees. C/M Disraelly respectfully said that he would not include the City Manager and City Attorney, but felt they should be handled on a separate basis, at the next regular meeting. He then MOVED that the 7% increase will be given for all those employees who are on -board for a minimum period of 6 months, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. COMMUNITY DEVELOPMENT 39. Woodmont - Tracts 74 and 75 - Discussion and possible action on: a Site Plan b) Plat - Tem Reso. #1723 c) Water and Sewer Development Agreement (Tabled from 7/28/80) SYNOPSIS OF ACTION: a) Approved, with conditions; b) Adopted, and c) Approved, with conditions. RESOLUTION NO.R- PASSED. a) Julian Bryan indicated that copies of the site plan were resubmitted, which eliminated the 27 units, in the southeast portion of Tract 75. Presently, he said, it involved 840 units, rather than 867, with 66.4 acres instead of 68.2. He felt that everything was in order on the site plan, but off -site drainage should be discussed with the City Engineer. It was noted by Mr. Bryan that the Developers Agree- ment would not require any changes. Mr. Bryan said on the entry road to Woodmont, on the south side, they agreed to curb the median; also, it was agreed to curb the new median on 88th Avenue, for the length of the transition and stacking lane,of approximately 250 feet. The canal would be ex - Tape cavated to the property lines, he said. Side #11 C/M Disraelly inquired whether separate paper collection could be ar- ranged in the trash rooms, due to an ecological program by the City. Mr. Bryan advised that curbing is shown to be done on the east half of the median, from the break to the south property line, and would be put in on the south side for the limit of their property, east and west, and whatever might be required on the north side to transi- tion into theirs, for a turn--a-round. =iC 9/10/80 mr/ 6. I 1 _J V/M Massaro said that the School Board called at noon, and dis- cussed the sidewalks on the main streets, such as 80th Avenue and 75th Street, with Mr. Keith. She said five (5) foot sidewalks were being requested, whether concrete or asphalt. Mr. Cross, the City Planner, said that according to the list given to him by the Vice -Mayor, the east side of 80th Avenue to 78th Street, directly affects this project, and the south side of 78th Street from 80th Avenue to University Drive, affects this project. He added that the north and west side of the project will be af- fected. Mr. Bryan said that a system of sidewalks or pedestrian ways must be provided within each parcel. He also indicated that they have a complete system that goes around the parcel, for the entire length of 78th Street, along the waterway on both sides, which links all the rec areas and the main recreation facility. Those are within the parcel, he said, on their own property, and not on the public right-of-way. He said it was anticipated to be needed for the people residing in the development, and to meet the spirit of that regulation under the 1976 Order, but was not anticipated for through pedestrian traffic. V/M Massaro said this was expected for the school children. Rainey Rissman said that the School Board advised, through Mr.Epple, that the internal asphalt sidewalk will suffice, and they are satis- fied. V/M Massaro said the School Board told her that the requirements are on the north side of 75th Street, west of Black Olive Drive, to 80th Avenue, a five (5) foot walk is to be installed; also, from that point, on the east side of 80th Avenue, a walk to go to 78th Street; and the south side of 78th Street from 80th Avenue, just prior to University Drive, which is the rear of the school area. Mr. Keating said that he held discussions with Mr. Epple on the particular sidewalks, and submitted a plan for such construction, which was reviewed and returned for further consideration. He said that Mr. Epple advised him that an agreement was made with the School Board for construction of those walks, as noted by the Vice - Mayor. V/M Massaro said that she would want to be reassured that someone will do this, to which Mr. Keating reiterated that plans were sub- mitted to him, which he returned for revisions, approximately one month previous. V/M Massaro said that Mr. SalR.e called at noon, and was very con- cerned about the action to be taken on the sidewalks, and was in- terested in getting a commitment on the five (5) foot walks. This, she said, was to be from west of Black Olive Drive, on the north side of 75th Street, to 80th Avenue; on the east side of 80th Avenue to 78th Street, and on the south side of 78th Street, from 80th Avenue, to just the rear of the school, where a gate was to be installed, to open during school hours. She informed Mr. Re that the developer was going to have a program with vast areas of side- walk installation. Mr. Epple said a call was received from Mr. Re, with contact in May or June; and requested an asphalt pathway from LaForet, which is on 75th Street to the school, and they were in agreement. He further added that they planned to build this section along 75th Street, up 80th Avenue, and the final leg that goes down the back of Block 30, in order to avoid use by the school children of Uni- versity Drive. Mr. Re was advised that once Mr. Rissman's project was built, that asphalt pathways were to be built around the peri- meter of that project. V/M Massaro inquired as to the width of the walk, to which Mr. Bryan said it is shown as four (4) feet internally, and Mr. Epple said their portion of the walk has been designed, with plans having been submitted to the City Engineer. V/M Massaro inquired of Mr. Rissman, as to the sidewalk being -35- 9/10/80 mr/ required by the School Board, for five (5) foot width, and then completion of the run wherever it is left, in order to have a straight run without going through the project. V/M Massaro inquired whether Mr. Rissman did not object to moving with the sidewalk, because the school is in session. Mr. Rissman said that due to a liability problem they might have, because of private property, he would move the proposed sidewalk from the meandering sidewalk, as shown, into the right-of-way, which would be adjacent to their property, abutting the right-of- way. He also said that a slight revision would be required to the site plan. Mr. Keating explained the drainage problems, and what the Rissmans have agreed to; the developer is requested to review existing drainage problems in the abutting streets. In this particular project, he said, they were aware of two problems that existed at the intersection of 80th Avenue and 75th Street, and 80th Avenue and 78th Street. In addition, he said, there was a small culvert system, possibly 3/4 south of the project, on 80th Avenue. Upon analyzing these drainage networks, it was determined that they did not meet current criteria of the City,but were contributing to the flooding problems that existed in that area. He said the developer was requested to prepare a cost estimate for the work necessary to bring those drainage facilities into compli- ance with City standards; which would eliminate the flooding problem. A submittal, he said, was made by the developer, which indicated that their additional cost to accomplish the drainage improvements in these three areas, was just over $56,000.00. Mr. Keating said it was then analyzed whether it would be beneficial, from a cost benefit standpoint, to proceed and try to get the problems fixed at this time. An agreement was negotiated with the developer, which consisted of the developer paying a portion of the additional cost that was contemplated. Mr. Keating said the acceptable agreement was that the City would consider paying him $20,000 of the $56,000, for all of the work that was entailed. The $20,000, he said, would be paid only after all three areas were completed to the satisfaction of the City, and approved by the City Engineer's office. He felt this was an excel- lent arrangement. Mr. Keating said it was well known that the City has a large number of serious flooding problem areas, and the cost involved. The 78th Street intersection, he said, by itself, going back five or six years down the road, could not be accomplished by connecting into the developer's pipes, for elimination of the problem. Drainage would have to be run into 78th Street, to the nearest canal, with a cost being estimated at $200,000.00. If, at some time in the future, he said, the City was to attempt to do this work, this would be the cost. He further stated that an opportunity has arisen to solve two serious problem areas, and one that is not of great concern, for a cost of $20,000.00; and he felt it was an excellent arrangement. V/M Massaro said that Per. Rissman addressed one last thing, which related to the agreement to be preapred, and Council approves the payment of $20,000.00, would be that they not be required, under any conditions, to augment the drainage system on those streets that this augmentation addresses. Mr. Keating further explained that the developer does not want to be held responsible for any additional augmentation that may be required in the streets abutting his property. V/M Massaro also stated that when the developer replaces these lines now, that he has done his work, and he is finished; and any future work would not be his responsibility on those streets where the augmentation is taking place. C/W Kelch inquired of the City Engineer as to being satisfied that whatever is being contemplated,is of sufficient size to drain the area that the developer is particularly concerned with, to which Mr. Keating indicated that it was beyond'lany doubt. --36- 9/10/80 mr/ i Mr. Bryan said that his engineer discussed this with him, and he anticipated that it was also reviewed with Mr. Keating, which notes that the improvements in the public right-of-way, at these two inter- sections, and then east on 80th Avenue, would necessarily have to be made with that phase of development that would complete the out - fall lines or the storm sewer lines. He said it was obvious to him, from a technical standpoint, but might be overlooked.in the interest of accomplishing this, which would be phased with each particular segement, and routinely installed with that phase of land develop- ment work. V/M Massaro inquired about 78th Street being addressed immediately, to which Mr. Keating responded that this was the first phase of the project, and would be done in the immediate future. He felt that 75th Street was in worse condition, and should be handled first, but was in phase 3 of the project. V/M Massaro confirmed the fact that 78th Street will be done right away; 75th Street will be with phase 3, and the south outfall will be with phase 5. Mr. Bryan said that he was concerned with the dollars involved, after working from the engineer's cost estimate. He said this was just done on behalf of HLR, where they contributed or allowed some off -site City related improvements to come into a drainage system through a development of theirs. He said they were startled to find that the engineer's cost estimate was substantially lower than the bid prices, when the job was put out to bid. And, they found them- selves in a situation, where the developer and the City would have a $30,000 price tag, the developer was paying $70,000, in order to assist the City. Mr. Bryan felt that it could possibly be put on a percentage basis, to which the Vice -Mayor did not concur, but additional time could be given to establish prices that they were more comfortable with. V/M Massaro said if a firm commitment cannot be made, then action should not be taken at this time. Mx. Bryan indicated that Mr. Rissman brought up. an important item, as to this being an 800 plus unit development, and if he is not re- imbursed until the completion of the project, then it could involve a substantial period of time. It was Mr. Rissman's suggestion to be reimbursed at the end of phase 3, rather than wait until phase 6 or 7. Mr. Bryan said that the major portion of the monies, as Mr. Keating advised, would be expended by completion of phase 3, with the ex- ception of $2,000. It was stated earlier, he said, that the $20,000 of the City's contribution, would not be received by Rissmont Development Corp., until the completion of the project, and all the site improvements. Mr. Keating clarified the fact that approximately $53,000 of the $56,0.00 will be expended in the first two areas; with reimbursement of $20,000, after that amount is spent, to which the Vice -Mayor con- curred. V/M Massaro said that she wanted a firm understanding with any of these canals, that the excavation has to be to the property line, and the slope must be on their property. She also stated that if any of this area is involved with culvert crossings that exist, with concrete walls, that they would have to be extended. She in- quired of the City Engineer, as to any streets with culvert crossing conditions, with concrete walls, to which he responded that there are none. She said it would have to be made clear, that if there is, then it would have to be extended with concrete bulkheads, and not slopes. Mr. Bryan said they would only anticipate excavating to the design cross-section of the canal, which means the average water elevation will be at the property line. He inquired whether the Vice -Mayor was referring to end walls where culverts cross under right-of-ways, and instead of riff-raff, she was suggesting that they be concrete end walls. -37- 9/10/80 mr/ II L�__] C/W Kelch confirmed the fact that the drainage would be part of an agreement, to which the Vice -Mayor concurred, and said that the City Attorney was aware of everything that is taking place, and it is anticipated that Council will approve an agreement to be written by Mr. Birken, and to authorize the Mayor to sign this agreement. C/W Kelch then said it will be stated within the approval of the site plan, as a condition. V/M Massaro MOVED that the site plan for Woodmont Tracts 74 and 75, be approved; 1) subject to a drainage agreement, whereby the Rissmont Corporation will take care of the augmentation as required by the City Engineer, and as outlined in a memorandum issued by their own engineering firm; and the additional work, according to their summary, amounts to a sum in excess of $56,000. But, irres- pective of this sum, the City agrees to pay $20,000 after approval by the City Engineer and City Council, of the completion of the additional drainage improvements to the intersection of 80th Avenue and 75th Street, which will be constructed at the same as Phase 3 of the project, and after completion of the addition of drai.n&a-e._....... improvements at the intersection of 80th Avenue and 78th Street, which will be constructed along with Phase 1 improvements. The south outfall shown on the site plan is paid for by the City in the .$20,000. There ._is._no additional payment by the City at that point, but Rissmont is obligated to do it. The City Attorney is to prepare this, and the Mayor is authorized to sign it. 2) Rissmont has agreed to put in the five (5) foot sidewalk along the area __de.sianated. within the-_pro-ler_t, which_ s%.__7_5th , reet west of Block Olive Drive, on the north side going to 80th Avenue, on the east side of 80th Avenue to 78th Street, and the south side of 78th Street to the western part of 78th Street, which is the back part of the Elementary School. Tape 3) It is understood that all canals must be excavated to the Side property line with the slope being on their property, and any cul- #12 vert crossings have to be a bulkhead, and if bulkheads exist on any of the culvert crossings, they are to be extended to the full width of the right-of-way of the canal. C/W Kelch SECONDED the MOTION. VOTE: ALL VOTED AYE. b) The City Attorney read Temp. Reso. #1723. V/M Massaro inquired of the City Attorney, as to whether the recreation fees were paid, to which Mr. Birken responded that he was in receipt of a check in the amount of $79,800, which con- sisted of 840 units at $95.00. Mx. Birken advised this also involved 50 connections at $458.00, which totals $22,900, with an interest charge for 300 units at $5.34 per unit, at a total of $1,602.00, and $500.00 for the En- gineering Plan Review Fee. He further indicated that the complete total figure received is $104,802.00. V/M Massaro advised Mr. Rissman that a letter will be required from the Marmon Group or TUI, that the balance of CIAC fees have been paid to them, in order to release units as called for, to which he concurred. V/M Massaro MOVED that the plat for Woodmont Tracts 74 and 75 be approved, as relates to Temp. Reso. #1723, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. c) Mr. Birken advised that all the new figures were included in the Water & Sewer Developers Agreement, which has been signed by Mr. Rissman. He felt that the agreement was totally in order, and the checks were received for 840 residential units, plus 11 Mr:]= 9/10/80 mr/ ERCs for the recreation parcels. It was also noted that the recreation units must be paid for before any building permits are issued. V/M Massaro MOVED for the approval of the Developers Agreement for Woodmont Tracts 74 and 75, which is for 840 residential units and 11 ERCs for recreation areas, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. V/M Massaro indicated that the 11 ERCs are at $458.00, to which Mr. Epple stated that the Marmon portion would require a letter prior to the building permit. 37. Woodmont - Tract 71 - Discussion and possible action on: a) Site Plan b) Water and Sewer Developers Agreement (Tabled from 7/28/80) SYNOPSIS OF ACTION: a) Approved, with conditions; b) Approved, after review by the City Attorney, with necessary changes, and execution by the proper authorized persons. a) Julian Bryan, indicated that Woodmont - Tract 71 was presented approximately two years previous, as the site plan and plat for 56 single-family dwelling units, on 6000 square foot lots. Subse- quently, he said, and partially due to the economic situation, and the water and sewer moratorium in the City, the parties did not proceed beyond recording the plat at the County. Therefore, he stated, the site plan lapsed, which was required to be resub- mitted, and is being presented this day. Mr. Bryan said that the Ordinances of building and zoning are unchanged, as relates to setbacks and site coverages. He said the site plan has not been changed from its original approval. But, he said some new land development regulations apply, with the most important one being drainage. Mr. Birken advised Mr. Bryan that Council does not have a copy of the Water and Sewer Developers Agreement, to which Mr. Bryan stated that he received his copy from the City Attorney's Secretary. V/M Massaro said that she has not had ample time to review this item, which refers back to 1978. She also stated that she was familiar with the fee of $20,961.50 being set for the retention, and the drainage improvement fee was $1557.14; but she was not familiar with the plans itself, and the fees on the recreation parcel. Mr. Birken advised that the recreation fees were paid to the County, under their Ordinance, which information was obtained from the developer's attorney. There was also a request made by this attorney, as to a reimbursement from the County to the City, could it be returned to the developer. Mr. Birken advised him that Council would willingly do this. Mr. Bryan said that the master agreement in Woodmont was at $95 per unit, and this particular plat was approved at the County, prior to the agreement, which was paid, based on the County's Ordinance, in the amount of $29,000 for 56 lots. He said that at $95.00 per unit, it would be $5,000, in round numbers, and an overpayment of $24,000 has been paid. Mr. Birken said that he received a letter on Tuesday, September 9th, from Jerry Knight, and it was noted that it is the County's policy to not release local park funds collected from developers, for transfer to a municipality. The City Attorney read a portion of the letter; "This office would not recommend to the County Commis- sion that the policy be changed merely because the developer agrees that the funds contributed by him could be transferred to a muni- cipality. However, I am enclosing a copy of a form agreement pre- pared by the County Attorney's Office, which, if executed and ap- proved by the County Commission, and the City would allow the County Attorney's Office to recommend release to the City, of local -39- 9/10/80 mr/ park funds being held by the County, in trust for the City." Mr. Birken said they also want a 10% administrative fee for the handling of the monies. Mr. Bryan said with road, school and regional park impact fees, an agreement can be executed with the County, which indicates that everything is paid at the time of building, on a unit by unit basis. He said that it has been kicked back'to the City for collection. He also indicated that it will be the developer's responsibility for the monies to move through the proper channels at the County. Mr. Bryan further recognized that the City Attorney does not have a check for the first month's interest on the water and sewer, because they were not aware of the correct amount, due to the fact that until the last week did Woodmont decline to sell any of the connections. Therefore, he said, they will be paying the City the entire $1,000, which check could be submitted the following day. Mr. Bryan requested clarification from the City Attorney, as to the assignment of units from the original purchaser of the connec- tions being assigned to Lennar, and others to Leadership Housing; and whether every developer must go to both parties, and be denied service before they can come to the City. Mr. Birken advised that any property owned by Montwood, HLR or Leadership, on July 1, 1979, would be required to go to Marmon, Lennar or Montwood, to which Mr. Bryan said they would not fall under this category, because the parcel was purchased in 1977, and the original site plan is so dated. V/M Massaro reviewed the monies presently being submitted; namely, $20,961.50 for retention, $1557.14 for drainage improvements, and $500 for the plan examination. Mr. Bryan indicated that the County has $29,000 for the 56 lots, and when it is reimbursed to the City, the developer would request that it be returned to him. He said 2 checks will be submitted to the City on Monday, September 15th, for local park fees, plus the first month's interest, totallincj apprax_i_mately__5..5, 30-4.. ------ V/M Massaro felt that a sidewalk should be installed on the east and west side of the entrance; also striping, to enable people to cross the area,also including three (3) foot walks. She MOVED that the site plan for Woodmont, Tract 71, be approved subject to: 1) A three (3) foot sidewalk being installed on the east and west side of the entrance coming from N.W. 70th Street, and the west side is to be up to Lot 2, and on the east side, it is to be to Lot 33. 2) The development review requirement do appear to have been satisfied. 3) Striping is to be made, in order to enable people to cross to the commercial area in safety. 4) A check is to be submitted for the recreation parcel amounting to $5,320, not later than Monday, September 15th, which ap- proval is subject to submission of the check no later than the specified date. 5) Also, the check for the interest on the ERC's that are not paid for, is to be submitted at the same time, on Monday. 6) In the canal area, it must be excavated to the property line, with the slope being on the applicant's property. 7) A plan is to be submitted to Engineering to determine where the property line is. C/W Kelch SECONDED. VOTE: ALL VOTED AYE. b) Mr. Bryan advised that the parcel is being developed as R-lC, and did go back before the Planning Commission, even though it was totally unchanged. It was also submitted through normal staff channels. -40- 9/10/80 mr/ V/M Massaro said that at the time of approval, a number of years previous, there was an agreement to abide by Temp. #501, which has been amended since that time, and they would be subject to current regulations. Mr. Bryan stated that this was reviewed, and the Engineering plans were substantially revised in the Last 60 days, at the request of Mr. Keating and Mr. Pena. Tape V/M Massaro MOVED for approval of the Developer's Agreement, Side subject to the review by the City Attorney, and any changes that #13 are necessary, should be made; also, the proper persons be authorized to sign itb. C/W Kelch SECONDED. VOTE: ALL VOTED AYE. 38. Woodmont - Tract 72B (Timber Point) - Model/Sales Office -- Discussion and possible action to approve this request for a permit and a Model/ Sales Administrative facility. (Tabled from 7/28/80) SYNOPSIS OF ACTION: Model Sales and fl Parking Area Approved r Thom Lira represented the owners Al and BarryhS mon, of Timber Point Development Corp., also, the current owners of Nact 72B. Previously, he said, the City Council requested that the site plan be redrawn, in order to better reflect the City's ordinances. He said this was put on two pages, and felt it was adequately displayed. He indicated that the first page reveals an overlay of the existing approved site plan, showing the two models and the anticipated parking; with the second page showing an enlargement of the area, which also has the beautification. V/M Massaro MOVED for the approval of the request for the model sales and parking area for Timber Point - Tract 72B, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. COMMUNITY DEVELOPMENT 27. Greenthumb Garden Center - Discussion and possible action on: a) Canal access easement - Temp. Reso. #1755. b) Revised Site. Plan SYNOPSIS OF ACTION: a) Adopted, and b Approved RESOLUTION NO.R- 2'0,.9 D/ PASSED. a) V/M Massaro said that she objected to the lack of sketches, as to the location of the easements. But, she said the parking areas are referenced. Thom Lira represented Joe and Diane Biesterfield, the owners of the former American Video building and Greenthumb, which is presently the Greenthumb Garden Center, and advised that they executed the vehicular access easement to the City. This has been accomplished in order for the City's maintenance vehicles can reach the lake. Mr. Lira indicated that the City's vehicles have damaged the parking lot, and Mr. Thissen, the Public Works Director has in- dicated that it will be corrected. He said it involved the wheel stops and two trees that were ripped out and cast aside. Mayor Falck requested the Assistant City Manager note such damage. Mr. Lira said that the plan has been modified, and will not occur in the future. The City Attorney read Temp. Reso. #1755, and V/M Massaro MOVED for its adoption, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. -41- 9/10/80 mr/ b) V/M Massaro MOVED for the approval of the revised site plan, because it has been previously reviewed, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. LEGAL AFFAIRS 14. Men's Softball League - Discussion and possible action. SYNOPSIS OF ACTION: 6 Weeks Season permitted at Tamarac Park, but compliance with rules and reg- ulations, promulgated by Council,will be in effect thereafter. Mayor Falck advised that a memorandum was distributed to Council, City Manager, City Attorney and the City Clerk, with a determination, as a result of discussions held with some representatives of the League. It was his recommendation to permit use of the field for the balance of the current season, which is approximately 6 weeks. The Mayor also said procedures and rules must be adhered to for the next season, which has been promulgated by the City Council, and to be enforced at the time of the application. V/M Massaro requested clarification, as to procedures and fees, to which Mayor Falck indicated that the new season application will re- quire compliance, but, at this time, the only modification might be the use of an extra player or two, who are not residents of the City. Ira Hannon, said that he was representing Shelby Lee, who could not be in attendance, and was requesting use of the field for the remainder of the season, by the Tamarac Men's Softball League. He said they do have residents participating that live outside of the City of Tamarac. C/W Kelch concurred with Mayor Falck, as to completing the six -weeks season. She MOVED that the Men's Softball League be permitted to finish out their season of six weeks at Tamarac Park, but with the provision, that if they desire to use the field for the next season, they are to apply in the regular manner, and abide by the rules that Council has promulgated and enforced, at time of application. Mr. Birken felt that the p rticular exception as to non-resident participation should be in luded in the motion. C/W Kelch AMENDED HER MOTION to indicate, with the provision that all other aspects of the City's rules and regulations, especially con- cerning fees, insurance, etc., be adhered to, and the only exception for the balance of this season, will be in regard to the number of non-resident players on the teams. V/M Massaro SECONDED the motion. Mayor Falck concurred, and felt that everyone should not be penalized, but some assistance should be given. VOTE: ALL VOTED AYE. 12. Mobil Oil Company - Commercial Boulevard and State Road 7 - Discus- sion and possible action on request for temporary trailer. SYNOPSIS OF ACTION: Trailer permitted on -premises for a period of one month from 9/15/80 to 10/15/80, with payment of fee. The representative for the Mobil Oil Station requested a trailer for one month, in order to have a tire sale, on the premises, on the south side of the parking area, facing State Road 7. Mr. Birken said that he could not find anything in the Code permitting this request. C/W Kelch said that if this request is legal, she felt a special waiver could be initiated, to which V/M Massaro and the Mayor concurred; for a period to not exceed one month. The City Attorney read that portion "no building, structure or land and except for one or more of the uses business uses as set forth". of B-3 General Business District; water use, shall be permitted permitted in the master list of -42- 9/10/80 mr/ C/W Kelch said that she appreciates the request being made, and that they did not take it upon themselves to bring this trailer in, and set up their display. Mr. Birken said there is nothing definite restricting this, and it could be based upon Council's decision. V/M Massaro said that because this is a commercial area, and is an unusual request, she would MOVE that the Mobil Station on State Road 7 and Commercial Boulevard, be permitted to have the trailer on the premises, for a period of one month, beginning at approximately 9/15/80 and be absolutely removed by 10/15/80, with payment of a fee. C/W Kelch SECONDED the motion. VOTE: ALL VOTED AYE. 45. Amoco Station - Revised Site Plan for Kiosk - Discussion and possible action. SYNOPSIS OF ACTION:. Approved, subject to review and approval by the City Engineer, as to drainage on the site.(See page 2) Mayor Falck said that a memorandum was distributed by Evan Cross, the City Planner, which indicated that papers relating to this item were misplaced, and involved agendizing it by consent earlier in the day. Don Wilkerson, the District Engineer for Amoco Oil Company, was ac- companied by the dealer of the station, and a representative of the contracting company that submitted plans for the permit. Its purpose, he said, was for improvement of the dealer's facilities for self-ser- vice, by installing a protective Kiosk, on the side pump island, along Commercial Boulevard, under the canopy, for control of self-service dispensers. Mr. Wilkerson said that landscaping was included in the plans. Dave Neviles indicated that he submitted the landscaping to Evan Cross, who would be presenting it to the Beautification Committee. The plans, he said, were originally submitted previously, and the necessary cor- rections were made. C/W Kelch said there was no staff letter attached, but did have a copy of the application and drawing. Mr. Cross advised her that it was reviewed by staff, and did not require presentation to Planning Commission or the Beautification Committee. She said this was a revised site plan, and a general comment was indicated that all ap- plicable ordinances have been adhered to. Mr. Wilkerson said that they were interested in upgrading the land- scaping areas, and felt that the booth island would be extended, and would not interfere with anything, or involve problems of traffic .flow. He responded to the Vice -Mayor, as relates to paving, by stating that there will be an additional underground change, because diesel fuel will be made available. Tape V/M Massaro MOVED for approval, subject to review and approval by the Side City Engineer, as to drainage on the site, and C/W Kelch SECONDED. #14 VOTE: ALL VOTED AYE. COMMUNITY DEVELOPMENT 31. Drainage Augmentation - Western Area of City - Bid Award - Ted Reso. #1758 - Discussion and possible action to award a bid for this project. SYNOPSIS OF ACTION: Tabled to Special Meeting on Monday 9/29 80, at 10:00 A.M. V/M Massaro MOVED that Temp. Reso. #1758 be tabled to a Special Meeting, to be established by Mayor Falck, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. -43- 9/10/80 40. One Family Dwellin Zonina Districts -- Temp. Ord. #788 - Discussion and possible action relating to maximum plot coverage in R-lB and R-lC districts. First Reading. SYNOPSIS OF ACTION: Approved on 1st Reading The City Attorney read Temp. Ord. #788, and V/14 Massaro MOVED for its approval on first reading, with a SECOND by C/W Kelch. VOTE: ALL VOTED AYE. J MEETING WAS ADJOURNED AT 6:30 P.M. ATTEST: A SISTANT CITY CLERK This public document was promulgated at a cost of $ � eV)C O, or $ / 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. AMC; ED BY -44- 9/10/80 mr/