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.
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9/10/80
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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
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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
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9/10/80
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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.
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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.
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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.
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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
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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.
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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
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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.. -- - --
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9/1.0/80
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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;
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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.
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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.
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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.
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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.
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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.
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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
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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?
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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
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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
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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.
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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
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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
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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
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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.
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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
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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.
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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.
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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
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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
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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.
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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.
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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.
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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
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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.
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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.
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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
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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
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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.
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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.
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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
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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/