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HomeMy WebLinkAbout1981-09-23 - City Commission Regular Meeting Minutes5311 iNJ0'R'I F3V'VLa-T3S'FI.1 AVENi_iE TAIV!AFiAC:, FL0RI[)A :33321 9"E!_,C:F'HONE (305) 722-5900 Sr September 21, 1981 CITY COUNCIL MEETING SEPTEMBER 23, 1981 CORRECTION TO AGENDA Item #30 on the September 23, 1981, City Council Agenda was typed incorrectly. Please correct your agenda to read as follows: 30. Enforcement of Zo_n_in_g_ Regulations - Temp. Ord. #886 - Discussion and possible action to designate the official authorized to enforce the zoning regulations within Chapter 28 of the City Code. Second Reading. (tabled from 7/31/81) Carol A. Evans Assistant City Clerk /c � � r ®R% P. 0. Box 251310 TAMARAC, FLORIDA 33320 FIRST CLASS MAIL CITY OF TAMARAC, FLORIDA CITY COUNCIL REGULAR MEETING AGE14DA WEDNESDAY, SEPTEMBER 23, 1981 CALL TO ORDER: 9:30 A.M. AN14OUNCEDIENT OF TIME ALLOCATIONS - MOTIONS TO TABLE - The Chair at this e 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 publi- cation. TAMARAC UTILITIES 1. Bid Award - Temp. Reso It 2037 - Discussion and Possible Action to award a bid for the annual requirement of bulk pebble Pg.7 - 9/23 RESO-81-207 Approved as Amended. quicklime. 9/23 2. Bid Award - Temp. Reso. #2038 - Discussion and Possible ActionApproved- to award a bid for the annual requirement of liquid chlorine. RESO.81-208 '.� 2d-28--29- 3. Tract 27 Remote Storage Tank - Discussion and Possible Action. a e to 30- 9/23 10/14/81 31 4. Large User Agreement with Broward County - Status report by Zr.Ruf author Consulting City Attorney. Discussion and Possible Action. ized to purst (Scheduled to be heard approximately 1:30 p.m.) matter w/Co. officials. PRESENTATIONS Pgs. 1.4-15 9/2` 5. Visit by Commissioner Howard Craft - Discussion of mutual Pgs•2-3-4-5 Comm.Cconcerns. (Scheduled to be heard 9: 30 A.M. ) cussedr at ers- cussed matters of mutual con- 6. Beautification Committee - Presentation by Florence Bochenek, cern 9/23 Vice Chairman, relating to City-wide beautification/landscapin�a er e program as developed by this Committee. 9/23studied--broug back at other 7. Lakes of Carriage hills - Presentation by representatives of time. P8. 5 developer of a proposed condominium to be located near Pgs.18-19-20 Bailey Road and Sabal Palm Blvd. (Scheduled to be heard Presentation by approximately 2 : 15 PM) Rep . of develope of pro osed condo 9 p23 e COMMITTEES -- pproved- 8. Planning Commission - Temp. Reso. #2039 - Discussion and S.Mesinger Possible Action to appoint one (1) alternate member to this adpointed as Committee. Alternate. P6.8-RRSO. 81-209 9/23 J DT!"_-G' MTATn CONSENT AGE14DA 9. Items listed under Item V , Consent Agenda, are viewed to be a)-s) routine and the recommendation will be enacted by one motion Approved. in the form listed below. There will be no separate discussion Pges.8-9 of these items. If discussion is desired, then the item(s) 9Z23 will be removed from the Consent Agenda and will be considered separately. a) Minutes of 6/9/81 - Reconvened Special Meeting - Approval recommended by City Clerk. b) Minutes of 7/8/81 - Regular Meeting - Approval recommended by City Clerk. c) Minutes of 7/10/81 - Special PZeeting - Approval recommended by by City Clerk. d) Minutes of 7/22/81 - Regular Meeting - Approval recommended by City Clerk. e) Minutes of 7/24/81 - Reconvened Regular Meeting - Approval recommended by City Clerk. f) Minutes of 7/27/81 - Reconvened Regular Meeting - Approval recommended by City Clerk. g) Minutes of 7/31/81 -- Reconvened Regular Meeting - Approval recommended by City Clerk. h) Minutes of 8/4/81 - Special Meeting - Approval recommended by City Clerk. (Items 9(a) through 9(h) tabled from 9/9/31) i) Minutes of 9/8/81 - Special Meeting - Approval recommended by City Clerk. j) Minutes of 9/8/81 - Special Meeting -- Approval recommended by City Clerk. k) Alan F. Ruf - Consulting City Attorney - 9/16/81 - $480.00 - Approval recommended by City Attorney. 1) Alan F. Ruf - Consulting City Attorney - 9/16/81 - $100.00 - Approval recommended by City Attorney. m) Richard S. Rubin, Consulting City Planner - Month of August 1981 $2,812.50 - Approval recommended by City Manager. n) Shailer & Purdy - Special Attorney for Yockey vs City of Tamarac 9/11/81 - $400.81 - Approval recommended by City Attorney. o) Muller, Mintz, Kornreich & Casey, P. - Special Counsel concern- ing Personnel matters - 9/4/81 - $364.00 - Approval recommended by City Attorney. p) Broward League of Cities - Payment of annual dues in the amount of $1,458.00 for the period 1981/1982 - Approval recommended by City Manager. q) Public Works Dept. Capital Equipment - Request to purchase five (5) radios for field communications from available funds. Recommended by Public Works Director and City Manager. r) Nine (9) Test Holes for Core Borings - Authorization for expenditure from Capital Construction Drainage Expenditures in t1le amount of $1,170.00 for this work. Recommended by City Engineer, s) City Hall Revised Parking Lot Layout - Extension of tabling actin from the 9/9/81 meeting for receipt of additional information. L �■ I GENERAL ADMINISTRATIVE/FTNANCIAL 10. Bid Award - En ineerin Dept. - Temp. Reso. #2027 - Discussion and possible action to award a bid for Australian Pine topping and debris removal. (Tabled from 9/9/81) 11. Bid Award - Public Works Dept. -- Tem Reso. #2040 - Discussi and Possible Action to award a bid for janitorial service for City buildings, PAGE THREE Tabled pg. 9 9/23 Pgs.9 - 10 LAdopted. w/conditic RESO.81-210 Pg.10 9/23 12. Bid Award - Public Works De t. - Temp. Reso. #2041 - Discussion RES0.81-2 1 and possible action to award a bid for aquatic weed control. Adopted Pg.10 9/23 13. Aquatic Weed Matching Funds - Temp. Reso. #2042 - Discussion Approved and ossible action to authorize a pro riate CityOfficials to RESO. 81-212 e Pp execute an agreement with Florida Dept. of Natural Resources for $24,100 in matching funds to control, aquatic weeds in Fiscal Year 1981/82. 14. Fiscal Year 1980/81 Budget - Temp. Reso. #2043 - Discussion and possible action to readapt the Fiscal Year 1980/81 final Budget as amended pending adoption of Fiscal Year 1981/32 Budget. 15. Transfer of General Funds 1980/8.1_ Budget - Discussion and possible Action to authorize the City Manager to transfer unexpended monies allocated for capital projects in the 1980/81 Fiscal Year General Fund Budget to the appropriate Capital Project Funds (addition to City Hall, drainage improve- ments and asphalt paving). 16. Federation of Public Employees - Blue Collar Unit - Temp. Reso. #2044 - Discussion and possible action to authorize appr priate City Officials to execute a Collective Bargaining Agreement with this employee unit. 17. Acting City Manager - Temp. Reso. 42045 - Discussion and Possible Action to designate an administrative officer to serve in the temporary absence of the City Manager. 18. Acquisition of Word Processin mendation by Cit possible action. Attorne and Ci ui ment - Report and recom- tv Manager. Discussion and g.10 9/23 Adopted. ESO. 81-213 gs. 10-11 9/23 Approved W/Conditic Igs. 15 - 16 Tabled 9/23 Pg. 11 9/23 kpproved. RES0.81-214 IPgs. 11-12 'Approved. 9/23 Pg. 12 9/23 19. Sovereign Immunity - Discussion and possible action to increase Approved. the City's liability coverage limits. Pgs.27-28- 20. Recreation Facilities - Discussion and possible action on the conceptual master plan for these facilities on Tract 27 and the installation of soccer fields. (Tabled from 9/9/81) 29-30-31 Tabled - next meetii 9/23 21. North Broward Hospital District - Temp. Reso #2050 - Discussion Pg• 1 9/23 and possible action approving the location, of a tax -assisted lRemoved hospital in West Broward. from Agendi PUBLIC HEARINGS - 2.00 P.M. 22. Five Year Capital Improvement Plan 1982-86 - Temp. Reso #2046 - Discussion and Possible Action to adopt a Capital Improvement Plan for 1981/82 through 1985/86. 23. H.L.R., Inc. - Rezoning Petition #47--Z-80 - Discussion and possible action to rezone lands located south of McNab Road at 14. W. 70th Avenue from R-IB to R-3, by Temp. Ord. #834. Second Reading. 24. H.L.R., Inc. - Rezoning Petition #48-Z-80 - Discussion and pos- sible action to rezone lands located south of McNab Road at N.W. 70th Avenue from R-1B to R--4A, by Temp. Ord. 1835. Second Reading. 9/23 Pg. 17 Adopted. RES0.81-215 zo De con- tinued to 10/14 Pg.l; petitioner w/city att, Pub.hearin, continued to 10/14 Pg. 18 9/23 LEGAL AFFAIRS PAGE FOUR 25. City Waterways - Temp. Ord. #919 - Discussion and Possible Approved - Action to amend Section 24--33 of the Code to modify the 1st Reading_ requirements pertaining to elevation of the bottom of canals Pg. 12 9 23 and lakes. First Reading. 26. Utility Inspection Fees - Temp. Ord. #920 - Discussion and possible action to amend Section 27-12 of the Code to provide that the cost of inspection fees for public improvements shall be paid by the developer. First Reading. 27. Construction of Dumpsters - Temp. Ord. #921 - Discussion and possible action to amend Section 7-30 (8--10) of the Code to require that dumpsters within multi -family developments be constructed with mechanically activated gates. First Reading. 28. Supplement No. 7 to the Code - Temp. Ord. #922 - Discussion and Possible Action to adopt a supplemental revision to the City Code. First Reading. Pgs.12-13 Approved- lst Readin(_ 9/23 Pg. 13 9/23 Approved - 1st Readinc 9/23 Pgg/?3 Approved- lst Readinc Pgs .13--14 29. Site Plan and Development Review Regulations - Temp. Ord. #378 Approved - Discussion and possible action to amend Article IT of Chapter !lst Readinc 7 of the code to provide procedures for the development of and as amended - improvements to real property in the City. First Reading. (Tabled from 7/31/81) 9/23 Pg. 16 30. Enforcement of Zoning Regulations - Temp. Ord. #886 -- Discus- Tabled-nex•I sion and possible action to amend Section IV of the Retirement meeting. Plan to allow Firefighters to voluntarily increase their pg. 16 retirement ages. Second Reading. (Tabled from 7/31/81) -33 CiN2Atty t Management anEfficiency - author.to 31. Local„ Government d fiiecy St _ _ .__.. - - "Broward County vs Jane Carroll" - Discussion and possible work with action concerning legal participation. Atty.Gen. office COMMUNITY DEVELOPMENT PRA-17 32. Easement Vacation - Woodlands Section 5 - Temp. Reso. #1910 - Discussion and possible action to vacate a portion of a utility easement on Lot 11, Block 25. (tabled from 7/24/81) 33. N. 11. 57th Street Closing - Discussion and possible action on Broward County engineering plans for the closing structure on N.W. 57th Street at Pine Island Road. (tabled from 9/9/81) 34. John H. Detrick - Rezoning Petition #11-Z-81 - Discussion and possible action to rezone lands located on the southwest corner of McNab Road and N.W. 88th Avenue, from R-4A to B-5, by Temp. Ord. #903. Second Reading. (tabled from 9/9/81) 35. Northwood II - Model Sales Facility - Discussion and possible action to permit a model sales facility. -(tabled from 9/9/81) MIN Family Mart -- Bond possible action on to guarantee public Release - Temp. Reso. #2049 - Discussion an a request to release a warranty bond posted improvements. 37. Tamarac Gardens - Revised Site Plan - Discussion and possible action on a revised site plan for a cabana. 38. Woodmont Tract 62 - Discussion and possible action on: a) Request to release a performance bond posted for public improvements upon receipt of a one-year warranty bond - Tem Reso. #2045. b) Acceptance of Bill of Sale for water distribution and sewage collection system improvements -- Temp. Reso. #2046. teso. was adopted. RPS0.81-216 9/23 �ablled Pgs. 6 .- 7 Pg- 21 9/23 kpproved- 2nd Readinc !RD.81-47 9/23 Pgs.20-21 kpproved- a/c,ondi tioi 9/23 Tabled - aext meetit Pps.21-22 Pg. 23 kpproved. rg. 1 es��R055 and #2056- 9ithdrawn PAGE FIVE 39. Woodmont Tract 70 - Discussion and possible action on: Pgs. 1-2 (a) Request to release a performance bond posted Removed from for public improvements upon receipt of one-year Agenda. 9/23 warranty bond - Temp. Reso. #2047. (b) Acceptance of Bill of Sale for water distribution and sewage collection system improvements Reso. ##2048. 9/23 40. Woodmont Plaza - Revised Site Plan - Discussion and possible Pgs. 23-24 action on a revised site plan for parking lot layout. and Approved vehicular circulation. with changes Pgs. 2 -23 41. Westwood 3 Drainage Augmentation - Report and recommendation City Engr. of City Engineer. rDiscussion and possible action. authorized to redesign 42. Draina e Improve ments- Western Area of the City - Discussion Pgs. 24-25 p- action. 9/23 REPORTS 9/23 43. City Council Pg. 27 44. City Manager Pg. 27 9/23 45. City Attorney Pg. 27 9/23 Council may consider such other business as may come before it. Pursuant to Chapter 80-105 of Florida Law, Senate Bill No. 368: If a person decides to appeal any decision made by the City Council with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evi- dence upon which the appeal is to be based. CITY OF TAMARAC CAROL A. EVANS ASSISTANT CITY CLERK For informational purposes, following are the residential and commercial zoning districts in the City: R-1 - Single Family Residence R-12 i R-1C - One -Family Dwelling R-2 - Two -Family Dwelling RD-7 - Two -Family Dwelling R-3 - Low Density Multiple Dwelling R-3U - Row House RM-10 - Planned Apartment R-4A - Planned Apartment 13-1 - Neighborhood Business Center B-2 - Planned Community Business B-3 - General Business B-5 - Business District B-6 - Business District PUBLIC HEARINGS/SPECIAL PIEETINGS/WORKSHOPS Tuesday,_ 9/22/81 - 1:30 P.M. - Tamarac Utilities East Budget FY 81/82 - Public Hearing Tuesday, 9/22/81 - 2:00 P.M. - Tamarac Utilities West Budget FY 31/82 - Public Hearing Tuesday, 9/22/81. - 2:30 P.M. - Special Funds - FY 81/82 Public hearing CITY OF TAMARAC, FLORIDA REGULAR CITY COUNCIL MEETING SEPTEMBER 23, 1981 CALL TO ORDER: Mayor Walter Falck called the Meeting to order on Wednesday, September 23, 1981 at 9:30 A.M., in the Council Chambers. ROLL CALL: PRESENT: Mayor Walter W. Falck Vice Mayor Irving M. Disraelly Councilwoman Helen Massaro Councilman Irving Zemel Councilman Philip B. Kravitz ALSO PRESENT: City Manager, Laura Z. Stuurmans City Attorney, Arthur M. Birken MEDITATION & PLEDGE OF ALLEGIANCE: Mayor Falck called for a Moment of Silent meditation ollowed by the P edge of Allegiance. The Mayor greeted Commissioner Howard Craft who was in the audience and also Mitch Ceasar, Lobbyist for the City, who was present at the Meeting. Mayor Falck reviewed the schedule of items on this day's Agenda. The Mayor requested that Item #21 be withdrawn. The Item related to the North Hospital District, and he requested it be withdrawn in view of the action taken by the North Hospital District following a meeting the previous Friday in which it was indicated a permit would not be granted to the Univer- sity Community Hospital for the addition of seventy-three beds which the City feels are sorely needed. The Item will be reagendized when additional information is received from discussions with the hospital people. GENERAL ADMINISTRATIVE/FINANCIAL 21. North Broward Hospital District - Temp. Reso. #2050 - Discussion and possible action approving the location of a tax -assisted hospital in West Broward. SYNOPSIS OF ACTION Withdrawn from Agenda. Vice Mayor Disraelly MOVED to withdraw Item #21, North Broward Hospital District, from the Agenda. Councilwoman Massaro SECONDED the Motion. VOTE: ALL VOTED AYE. COMMUNITY DEVELOPMENT 38. Woodmont Tract 62 - Discussion and possible action on: a Request to release a performance bond posted for public improvements upon receipt of a one-year, warranty bond - Tem . Reso. #2055. b) Acceptance o Bill of Sale for water distribution and sewage collection system improvements - Temp. Reso. #2056. SYNOPSIS OF ACTION Withdrawn from Agenda. Councilwoman Massaro"MOVED to withdraw Item #38 from the Agenda, at the request of the Asst. City Engineer. Councilman Kravitz SECONDED the Motion. VOTE: ALL VOTED AYE. 39. Woodmont Tract 70 - Discussion and possible action on: a) Request to release a performance bond posted for public improvements upon receipt of one-year warranty bond - Temp. Reso. #2047 . b) Acceptance of Bill of Sale for water distribution and sewage collection system improvements - Temp. Reso. #2048. -1- 9/23/81 /lc SYNOPSIS OF ACTION: Withdrawn from Agenda. Councilwoman Massaro MOVED that Item #39 be withdrawn from the Agenda. Councilman Kravitz SECONDELithe Motion. VOTE: ALL VOTED AYE. 46. Isles of Tamarac - Request for New Sales Models. SYNOPSIS OF ACTION: AGENDIZED BY CONSENT See Page Councilwoman Massaro indicated there was a request by Isles of Tamarac to agendize a request for new sales models. She indicated if it was something they wished to agendize she would request that it be heard late in the afternoon to enable the Engineering Dept. to look into certain matters.before action is taken by Council. Councilwoman Massaro MOVED to AGENDIZE BY CONSENT, the item concerning the Isles of Tamarac new sales models, with the understanding it would be called later in the afternoon. Councilman Kravitz SECONDED the Motion. VOTE: ALL VOTED AYE. 47. Southgate Gardens Recreation Fees. Discussion and Possible Action. SYNOPSIS OF ACTION: AGENDIZED BY CONSENT (See Page 6 Councilwoman Massaro MOVED to AGENDIZE BY CONSENT, an Item concern- ing payment of Southgate Gardens recreations fees, for Toll Develop- ment. Councilman Kravitz SECONDED the Motion. VOTE: ALL VOTED AYE. 48. Acceptance of resignation from a member of the Welcoming Committee and a possible appointment to the Welcoming Committee. SYNOPSIS OF ACTION: AGENDIZED BY CONSENT See Page 26 Commissioner Kravitz MOVED to AGENDIZE BY CONSENT, the acceptance of the resignation of a person on the Welcoming Committee and the possible appointment of a member to the Welcoming Committee. Councilwoman Massaro SECONDED the Motion. VOTE: ALL VOTED AYE. 49. Bid Award - Curb Swee er -- Temp. Reso.�#2025 awarding bid for Curb Sweeper. SYNOPSIS OF ACTION: AGENDIZED BY CONSENT See Page 26 Vice Mayor Disraelly MOVED to AGENDIZE BY CONSENT an Item for a bid award for a curb sweeper for Public Works, Temp. Reso. #2025. The Item should have been included on the Agenda, and was omitted. Councilwoman Massaro SECONDED the Motion. VOTE: PRESENTATIONS ALL VOTED AYE. 5. Visit by Commissioner Howard Craft - Discussion of mutual concerns. SYNOPSIS OI' ACTTO"T: Commissioner Craft discussed various items of mutual concern. Noise level problem solved. Backpumping matter still being studied and monitored. Overpass matter to be solved in near future. Mayor Falck inquired when the matter of the Overpass would be solved, Commissioner Craft indicated it should be within a matter of a very few days. If no action has been noted by the next Council Meeting, Commissioner Craft suggested Council contact him again. Council- woman Massaro commented that the contractor had said it would be completed sixty days from date that action was taken by the Commission. Commissioner Craft said he did not think it should take sixty days. -2- 9/23/81 /lc Councilwoman Massaro stated it is common knowledge that Tamarac has been consistently working on the matter of backpumping for several years and it distresses her that now that it is coming close to consideration of it, that Coral Springs is asking that it be initiated in their area. Councilwoman Massaro indicated she will want to discuss the matter with Commissioner Craft. Commissioner Craft said he will get an update on it and they can discuss it. The Mayor said he attended the Meeting of the S. Fla. Water Management District a few months ago, and there was reference made at that meeting this was the general concept and he said he believed they had been involved rather extensively in putting the thing together, which has already been communicated to Council. Mayor Falck said he was also perturbed because the City has done a great deal of work and Council has worked for years to improve drainage in Tamarac and the City needs something on a big scale for problems such as experienced in the 100-year storm. Councilwoman Massaro noted that Coral Springs has not done the work, nor spent the money, that Tamarac has to allevi- ate the problem, and now they wish to latch on to the work that Tamarac has been doing. Commissioner Craft agreed to examine that and see if they can keep equity. Commissioner Craft pointed out the County Commission will insist it not be a negative factor on the delicate balance of the Everglades by doing the backpumping. If the County Commission is not assured there will be no negative affect, they will oppose the backpumping. Councilwoman Massaro noted that the responsibility for who allows the backpumping, if it goes in, should be in hands who will make good judgment, and not someone who would be callous about it. Commissioner Craft said he thinks there will be a beefing up of the EQCB with the new budget, and they are being more demanding on them, and he thinks there will be a renewed capability in that area over the next year. Vice Mayor Disraelly discussed the matter of the traffic light on 57th Street, Commissioner Craft indicated he did not wish to hold out false hope and he did not think the County Commission would change its position regarding the installation of a traffic light at that location. The Vice Mayor discussed the problems that would arise from the possible closing of 57th Street, he said there will be a tremendous amount of traffic that will be generated on 57th Street on Friday, Saturday and Sunday nights when Sunrise Theater breaks off and the Temple has a great number of people exiting and if they could use 57th Street it will reduce the potential of a great many accidents. He noted that if people are going to leave the Temple and proceed south to get into Commercial Boulevard, the traffic will be going east -west at that time and he can see great problems if 57th Street is blocked off. The Vice Mayor questioned the possibility of having synchronized lights at that location. He said it should be re -thought and another determination made since a traffic light at that location would save lives. Commissioner Craft said the Broward County Staff had made a study months ago, and that light would be only 200' from Commercial Boulevard and Staff said under the law that can not be allowed. Councilwoman Massaro pointed out when the Sunrise Theater comes out, and the people from Temple come out at the same time, it is a very serious traffic problem. Commissioner Craft stated if a light does not meet the Green Book warrants, and when it doesn't, it is next to impossible. Vice Mayor Disraelly questioned if the County would consider a light at 91st Avenue. Commissioner Craft said he did not know. Mayor Falck said Mr. Slater at Visual Graphics pointed out a problem he had getting to his Plant because of Commercial Blvd. being blocked with an overflow from Sunrise Theater, and if it were not for 57th Street being open, he could not have gotten to his Plant. Councilman zemel said he has had the same situation brought to his attention. He said he would not like to see 57th Street closed unless there is a light at that location. Councilwoman Massaro said the County had sent the Plans in for the Ci.ty's engineering department to review the construction intentions, and she does not like to see the City take on liability because of the fact the Commission has already ruled that something should be done at this intersection and that should be considered when the Item comes up on the Agenda. -3- 9/23/81 /lc Councilman Kravitz indicated he is disturbed at a decision that was handed down by the Hospital Review Board. The Board made a.. decision concerning the 73 additional beds at University Hospital that they could not be allowed. He said the Mayor or City Officials should have been called -in to get their reactions. Commissioner Craft said he has discussed the matter with Mayor Falck, and conferred with the Director of University Hospital by telephone. He said the County Commission has nothing to do with the decision, the people who control the Hospital Review Board also control another Board, the Health Planning Council, and those people decide who needs more hospital beds. Commissioner Craft stated the only chance he could see to get the additional beds at University Hospital is to start a grass -roots movement, and take it directly to the State. Commissioner Craft said he did not know if the County Commission would want to take a stand on the matter or not, personally he would be more than pleased to work with the City on the problem. The City Manager discussed with Commissioner Craft the section of Commercial Boulevard that needs sod. The Public Works Director of the City is working with Mr. Thies on the matter of cutting the sections of the medians from the Turnpike eastward to Prospect Road. She said there was some confusion as to the readi- ness for the City to accept them. Mr. Thies is to meet the City crew at a portion around 31st Avenue on Commercial Boulevard, to share the responsibility. The City has done the work from State Rd. 7 to the Turnpike. Commissioner Craft said it would appear to have been taken care of back in July. City Manager Stuurmans indicated there are two trees to be replaced in that area, but a cooperative effort is being made at the present time. City Attorney Arthur Birken discussed a Resolution that the City Council had sent to the County Commission suggesting that the County consider TAPE the creation of a new position of Assistant County Administrator. Commissioner Craft indicated the matter had been studied over a period #2 of months, and Mitch Ceaser had spoken with him concerning the City's position. Commissioner Craft said the County has created a position of inter-govermental relations and it is budgeted, and the County Commission will be going into the market to hire someone to fill the position. Mr. Birken said the Council feels there is a need for someone that has been employed by a City and knows what the City problems are in Broward County. Commissioner Craft stated that he thought working through the District Commissioner is going to be much more effective, and he thought he could get a great deal more done, than somebody who is available to go out to speak on the Rotarian and Kiwanis circuit. Mr. Birken noted that the City Council is very concerned with the Broward County Board of Rules & Appeals opinion that Cities have been preempted from having a requirement for smoke detectors or sprinklers. The Council thought the appointment process might be discussed, since the County Commission does appoint members to the Board of Rules & Appeals and if the Commissioners share the concern the need to allow local action to require smoke detectors, that part of the screening process of prospective appointees to that Board should be diligent inquiry into their position on that point. Commissioner Craft indicated that modifying the South Florida Building Code would be a better manner of approach to that. He stated he would hope the Commission would not make an appointment to a Board based on a person's feeling on one particular issue. Commissioner Craft said he has no problem with local option, but he does not think it could be accomplished without changing the South Florida Building Code. Councilwoman Massaro said she could see no reason why the matter can not be on an agenda so the City can appear before them to ask for reconsideration on the subject of smoke detectors, and present their views. Mayor Falck pointed out that insurance companies are giving a 5% credit for the installation of smoke detectors. He said he can not understand the thinking of the people who sit on the Board of Rules & Appeals, and if the insurance companies feel it is beneficial and justify a 5% credit, it ought to be looked at realistically. Com- missioner Craft agreed to examine the matter further. -4- 9/23/81 /lc J Mayor Falck extended Council's thanks for Commissioner Craft's visit. Commissioner Craft indicated he will be in touch with the Mayor concerning the matters discussed and possibly another meeting with Council can be arranged in the future. 6. Beautification Committee - Presentation by Florence Bochenek, Vice Chairman, relating to City-wide beautification/landscaping program as developed by this Committee. SYNOPSIS OF ACTION: Matter to be studied and reviewed by Council and brought back at a later date for action. I Mrs. Bochenek indicated the Beautification Committee has received great cooperation from the various builders who come before the Committee. They have met suggestions of the City Planner and have done much to make the City more beautiful. Mrs. Bochenek discussed the City's part in beautification and said she thinks the City must start to protect its image and she would like to see something happen now. Mrs. Bochenek exhibited a plan that had been worked up by the City Planner, which showed the first phases of beautification of the City. She mentioned that the City Planner has donated his time and services for the project. The first phase of the beautification will be the City Hall property. Mrs. Bochenek said the perimeter of the property around the City Hall building will be completed first and they will start with plants indigenous to the State of Florida. She commented there are many beautiful trees and shrubs indigenous to Florida and they should be used. Mrs. Bochenek described the work to be done, she pointed to two trouble spots, noting that coming down 88th Avenue the first view of City Hall is the area near the Police Department and they thought the Areca Palms in that area would give a buffer and soft look. The electrical boxes will be shielded with plants. In front of the building, there is a median directly across from City Hall and this would be the first of the "Tamarac looks". At that location they would like to see the City Tree planted, as it will be planted in many places in the City. Also, they wish to remove the flagpoles and have a flower box in that curbed area. The flower box, would eliminate the curb and add beauty to that spot. Flower Clubs would help with annual plantings in the box. Councilwoman Massaro commented that she would like to study the plan and possibly at the next meeting some decision could be made. She noted that what the Beautification Committee is doing is extremely good,. and Council should follow the direction of trying to beautify various areas. The City is putting money into t'ze budget to beautify the Public Works site, and there are things that Council has to work on with the County. However, she said the matter should be reviewed and come back again to Council for a decision. Vice Mayor Disraelly said the Committee has spent a great deal of time on the plans and preparations and as they progressed the major concern was City Hall. Also, Public Works has been discussed as a priority project. The Vice Mayor suggested the Committee view the plans that the Public Works Director has. He said the presentation by Mrs. Bochenek is an excellent approach and it is not a great cost since they hope to work with the Rare Fruit Council and the Garden Clubs for futher assistance. Mrs. Bochenek indicated there has been a great deal of interest shown and they have tried to pare the first venture down to a minimum amount. She said she thinks it imperative they take the first step in this direction. and she hopes for Council's support and encouragement so they will feel that they are doing what they are supposed to do. Councilwoman Massaro MOVED that Mrs. Bochenek's report be accepted, and that the matter be considered and reviewed and brought back at an early date for further discussion and possibly take action. Councilman Zemel SECONDED the Motion. VOTE: ALL VOTED AYE. -5- 9/23/81 /lc COMMUNITY DEVELOPMENT 47. Southgate Gardens - Recreation Fees - Discussion and possible action SYNOPSIS OF ACTION: be extended for one Developer to pay as Full amount due no Agreement to year from 9/9/81. he draws permits. later than 9/9/82. Katie Braiman, Toll Development, discussed the original agree- ment for recreation fees which was that they would pay some $21,000. in recreation fees in percentages as they drew the building permits. It has been a year, and only one building permit has been dra,-.n, for which the $3,090. was paid.They have not drawn another building permit. Economic conditions have made it so that it is not economically feasible to go forward at this time. Ms. Braiman said the project is not dead, and as soon as things start turning around and there are buyers in Tamarac again, hopefully they will go forward with the job. However, they have not been drawing permits. Ms. Braiman said at the time the agreement was made, Southgate Blvd. was unusual in that there was no Ordinance in the City to cover how fees would be paid on a pre -platted piece of ground. The agreement was signed on a per -permit basis. Ms. Braiman said at that time they did not know there was a one-year time period on the agreement, and also under normal conditions there would be eight buildings out there. In addition to the $3,090. which had been paid when the permit for one building was drawn, Ms. Braiman said an additional $5,000 had been paid with their letter of September 21st. She said they would like to have all of the agreements go back to a permit date, they intend to go forward with the job and draw permits shortly. The City Attorney noted that the entire amount of $21,000. would be due and payable 12 months from the date of issuance of the first permit, under the Agreement. Mr. Birken_s_tated that Council has the authority to amend the Agreement. Councilwoman Massaro suggested it be the same type of agreement, to be paid as permits are drawn and not to exceed one year from the date of expiration of the original Agreement, which will be September 9, 1982. Vice Mayor Disraelly said if no permits are issued they will still pay anotner $S,OUO, Councilwoman massaro said she would prefer to see that $5,000. connected to the first six months. The entire amount will be paid by September 9, 1982, that would be $12,910. Mayor Falck commented he was in favor of extending the Agreement on the same basis as the present agreement. Mr. Birken said he saw nothing wrong with that, legally. Councilwoman Massaro MOVED that the same Agreement be extended for one year from the time � of expiration dateh.. which was September 9, 1981; and to pay as additional permits are drawn down, in the usual amount. The extension is not to exceed one year when the full amount is due, on Or prior to September 9, 1982. Vice Mayor Disraelly SECONDED the Motion. VOTE: ALL VOTED Al 33. N. W. 57th Street Closing - Discussion and possible action on Broward ..-- -- - County engineering plans for the closing structure an N.W. 57th Street at Pine Island*Road. (tabled from 9/9/81) SYNOPSIS OF ACTION: Tabled until input is received from County Commission with regard to traffic light. Mr. David Krantz, Second Vice President of the Temple, represent- ing the officers, directors, and membership discussed the number of members of the congregation. Also, many Hadassah groups and neighboring lodges use the facilities. He said the number of cars coming in and out of the parking lot total several thousand on a daily and weekly basis. Mr'. Krantz said closing 57th Street -6- 9/23/81 /lc to westbound traffic would be a hardship. Mr. Krantz described the traffic problems that would be involved, and appealed to Council to please retain the current status which has proved satisfactory in the eight years of the Temple's existence. Mr. Krantz stated the Temple and all of its' affiliates go on record officially as being adamantly opposed to the closing of N. W. 57th Street. Mr. Jack Weiner, President of the Jewish Center, stated he is in full agreement with Mr. Krantz. He said he feels the same way about closing the street since he walks to the Temple on Saturdays and holidays and also drives it several times a week. He said that he feels there should be a traffic light on that corner. To close the street would be a hardship on their members and on the entire community. Mr. Weiner discussed the problems that would be involved with traffic if the street were closed. Therefore, he said the street should stay open and they appeal to Council to do everything to put a light at that location and to keep the street open. Mr. Weiner presented to Mayor Falck and to Councilwoman Massaro a membership to the Temple. Mr. Weiner read the document on behalf of the Officers and Board of Directors which stated it was their pleasure to confer honorary membership upon them. He expressed the appreciation of the Temple for the fine cooperation the Mayor had given to them in the past. Mayor Falck explained the Council has gone on record as being in favor of the traffic light, however they do not ultimately make that decision. Vice Mayor Disraelly explained that Commissioner Howard Craft had been at the meeting earlier and there was con - TAPE siderable discussion concerning the light and the possible closing #3 of 57th Street at Pine Island Road. Vice Mayor Disraelly stated he knows that Commissioner Craft left with the strong feeling of the Council, and he is certain that the matter will be reviewed again. Vice Mayor Disraelly said the Council has indicated that all members of Council think there must be another solution. Vice Mayor a report is learns what prevent the the Motion. VOTE: TAMARAC UTILITIES Disraelly MOVED that the matter be TABLED until received from the County Commission and Council can be done in order to get a traffic light and closing of 57th Street. Councilman Zemel SECONDED ALL VOTED AYE. 1. Bid Award - Tem , Reso. #2037 - Discussion and Possible Action to award a bid or the annuar requirement of bulk pebble quicklime. SYNOPSIS OF ACTION: Approved RESOLUTION NO.R $PASSED, as amended by City Attorney..to include freight and fuel surcharge. Bid awarded to Dixie Lime Co. VOTE: The City Attorney read Temporary Resolution #2037. He said at the end of Section 1, after the word "approved" the words "with freight rate and fuel surcharge in effect at time of shipment, to apply. Current rates are: $14.42 per ton for freight and $3.55 per ton fuel surcharge. The City Manager commented that the Staff has recommended the approval of the Temporary Resolution awarding the bid for the lime to Dixie Lime Company at a cost per ton of $54.70. Vice Mayor Disraelly MOVED ADOPTION of Temporary Resolution #2037, as amended in Section 1 by the City Attorney, the award to go to Dixie Lime Company. Councilman Zemel SECONDED the Motion. ALL VOTED AYE, 2. Bid Award - Tem . Reso. #2038 - Discussion and Possible Action to award a bid for the annual requirement of liquid chlorine. _7_ 9/23/81 /lc C. 1 SYNOPSIS OF ACTION: Approved. RESOLUTION NO. R - 9f-0?o0-PASSED Bid awarded to A11ied Universal Corp., low bidder at cost of $172.95 per ton. The City Attorney read the Temporary Resolution, No. 2038 The City Manager stated that Staff has recommended the award to the low bidder, the Allied Universal Corporation, at $172.95 per ton. Councilwoman Massaro MOVED ADOPTION of Temporary Resolution #2038. Vice Mayor Disraelly SECONDED the Motion. VOTE: COMMITTEES ALL VOTED AYE. 8. Planning Commission -- Temp. Reso. #2039 -- Discussion and Possible Action to appoint one 1 alternate member to this Committee. SYNOPSIS OF ACTION: Approved. RESOLUTION NO. R•?// :?o ;! PASSED Saul M. Mesinger appointed as Alternate Member to Planning Commission. The City Attorney read the Title of the Resolution. Councilman Kravitz nominated Saul M. Mesinger to serve as an Alternate Member to the Planning Commission. There were no further nominations, and Councilwoman Massaro MOVED that the nominations be CLOSED and that Saul M. Mesinger be appointed as an Alternate Member to the Planning Commission. and that Resolution No. 2039 be APPROVED. Vice Mayor Disraelly SECONDED the Motion. VOTE: ALL VOTED AYE. 9. Consent Agenda a Minutes of 6/9/81 - Reconvened Special Meeting - Approval recommended by City Clerk. b) Minutes of 7/8/81 - Regular Meeting - Approval recommended by City Clerk. c) Minutes of 7/10/81 - Special Meeting - Approval recommended by City Clerk. d) Minutes of 7/22/81 - Regular Meeting - Approval recommended by City Clerk. e) Minutes of 7/24/81 - Reconvened Regular Meeting - Approval recommended by City Clerk. f) Minutes of 7/27/81 - Reconvened Regular Meeting - Approval recommended by City Clerk. g) Minutes of 7/31/81 - Reconvened Regular Meeting - Approval recommended by City Clerk. h) Minutes of 8/4/81 - Special Meeting Approval recommended by City Clerk. (Items 9(a) through 9(h) tabled from 9/9/81) i) Minutes of 9/8/81 - Special Meeting - Approval recommended by City Clerk. j) Minutes of 9/8/81 - Special Meeting - Approval recommended by City Clerk. k) Alan F. Ruf - Consulting City Attorney - 9/16/81 - $480.00 - Approval recommended by City Attorney. 1) Alan F. Ruf - Consulting City Attorney - 9/16/81 - $100.00 - Approval recommended by City Attorney. m) Richard S. Rubin, Consulting City Planner - Month of August 1981 $2,812.50 - Approval recommended by City Manager. n) Shailer & Purdy - Special Attorney for Yockey vs City of Tamarac 9/11/81 - $400.81 - Approval recommended by City Attorney. o) Muller, Mintz, Kornreich & Casey, P.A. - Special Counsel concerning Personnel matters - 9/4/81 - $364.00 - Approval recommended by City Attorney. p) Broward League of Cities - Payment of annual dues in the amount of $1,458.00 for the period 1981/1982 - Approval recommended by City Manager. q) Public Works Dept. Capital Equipment Request to purchase five (5) radios for field communications from available funds. Recommended by Public Works Director and City Manager. -8- 9/23/81 /lc r) Nine (9) Test Holes for Core Borings - Authorization for expen- diture from Capital Construction Drainage Expenditures in the amount of $1,170.00 for this work. Recommended by City Engineer. s) City Hall Revised Parking Lot Layout - Extension of tabling action from the 9/9/81 meeting for receipt of additional information. SYNOPSIS OF ACTION: Items a) through s) Approved. Vice Mayor Disraelly MOVED APPROVAL of all of the Items on the Consent Agenda. Councilwoman Massaro SECONDED the Motion. VOTE: ALL VOTED AYE. Councilman Kravitz greeted the members of the Welcoming Committee and expressed the pleasure of the Mayor, Council, and Staff at having them in attendance at the Council Meeting. Mayor Falck officially welcomed the members of the Welcoming Committee to the Council Meeting and noted that later on they would have an opportunity to visit with each other. GENERAL ADMINISTRATIVE/FINANCIAL 10. Dept. Temp. Reso. - Discussion and Bid Award - Engineering p - p. ��2 possibletion to award a bid for AustralianPine topping and debris removal. (Tabled from 9/9/81) SYNOPSIS OF ACTION: Tabled For.further discussion with Florida Power & Light. City Manager Stuurmans indicated that on the basis Staff is going to request the Item be Tabled, that the City Attorney could waive the reading. Ms. Stuurmans said conversations are being held with Florida Power and Light at Council's request and there is no conclu- sive report as yet. Vice Mayor Disraelly MOVED that Item #10 be TABLED. Councilwoman Massaro SECONDED the Motion. VOTE: ALL VOTED AYE. 11. Bid Award - Public Works Dept.. - Temp. Reso. #2040 - Discussion and possible action to award a bid for janitorial service for City buildings. SYNOPSIS OF ACTION: Temp. Reso. RESOLUTION NO. R-::J- /,O PASSED 2040 Adopte id awarded to Corporate Cleaning. - The City Attorney read the Title of the Resolution. The City Manager stated that Staff is recommending the award to Corporate Cleaning who was the lowest bidder, offering a three-year proposal to the City. It is recommended that Temporary Resolution #2040 be Approved, awarding the bid for Janitorial Services for the City to Corporate Cleaning for $1887.99 per month for the first twelve months, and $2167.72 per month for the thirteenth through the twenty-fourth month and $2387.49 per month for the twenty-fifth through the thirty-sixth month. Vice Mayor Disraelly noted that these are the same people who have been doing the work for the past year and there are certain things of security that will be covered in the new agreement; and he MOVED that Temporary #2040 be adopted with the bid to Corporate Cleaning as outlined by the City Manager, in the amount of $1887.99 per month for the first twelve months, $2167.72 per month for the thirteenth through the twenty-fourth month and $2387.49 per month for the twenty-fifth through the thirty-sixth month, be ADOPTED, and that the contract may not be assigned and if the business, the corporation or assets are sold, the contract is immediately voidable. -9- 9/23/81 /lc This verbiage is to be added to Section II of the Resolution. Councilwoman Massaro SECONDED the MOTION. ►+ fyow ALL VOTED AYE. 12. Bid Award - Public Works De t. - Temp. Reso. #2.041 - Discussion and possible action to award a bid for aquatic weed control. SYNOPSIS OF ACTION: Temp. RESOLUTION NO. Rr- / PASSED Adopted. Bid awarded to PHK, Inc. for 36 months. $1800. Pei month City Attorney Arthur M. Birken read the Resolution by Title. The City Manager explained that Staff has recommended the award to P.H.K., Inc. for aquatic weed control services for the City. They were the lowest bidder offering for a three-year term. The City Manager recommended approval of Temporary Resolution #2041 awarding the bid to P.H.K. for aquatic weed control services in the amount of $1800. per month for a contract term of 36 months. The contractor is a new contractor. Vice Mayor Disraelly MOVED the ADOPTION of #2041, awarding the bid to F.H.K., Inc. in the amount of $1800. per month for a contract term of 36 months. Councilwoman Massaro SECONDED the Motion. VOTE: ALL VOTED AYE. 13. Aquatic Weed Matchin Funds - Temp. Reso. #2042 - Discussion and possible action to authorize appropriate City Officials to execute an agreement with Florida Dept. of Natural Resources for $24,100 in matching funds to control aquatic weeds in Fiscal Year 1981/82. SYNOPSIS OF ACTION: Approved Temp.#2042. RESOLUTION NO. R-- --g,/ PASSED Appropriate City Officials to execute Agreement with State DNR. The City Attorney read the title of the Resolution. The City Manager stated that based upon projected budget figures for fiscal year 1981/82, the State has allotted, subject to approval of the contract, the amount of $24,100. to use towards the aquatic weed control effort for the next fiscal year. The City Manager asked that Temp. #2042 which authorizes the appropriate officials to execute the agreement with the State be Approved. Councilwoman Massaro MOVED the ADOPTION of Temp. Resolution #2042. Councilman Kravitz SECONDED the Motion. VOTE: ALL VOTED AYE. 14. Fiscal Year 1980/81 Budget - Temp. Reso. #2036 - Discussion and possible p ible action to readopt the Fiscal Year 1980/81 final Budget as amended pending adoption of Fiscal Year 1981/82 Budget. SYNOPSIS OF ACTION: Adopted. RESOLUTION NO. PASSED City Attorney Birken read the title of the Resolution. Mr. Birken indicated since the Public Hearing is scheduled on October lst, after 5 P.M., it is his opinion it would be prudent to have this in place during the day of October lst, in the event of any unforeseen things that come up that would put off the adoption of the budget. Vice Mayor Disraelly MOVED ADOPTION of Temp. Resolution #2036. Councilwoman Massaro SECONDED the Motion. VOTE: ALL VOTED AYE. 15. Transfer of General Funds 1980/81 Budget - Discussion and possible action to authorize the City Manager to transfer unexpended monies allocated for capital projects in the 1980/81 Fiscal Year General Fund Budget to the appropriate Capital Project Funds (addition to City Hall, drainage improvements and asphalt paving). 9/23/81 /lc SYNOPSIS OF ACTION: Transfer of $175,000 to Capital Reserve Future fund; $100,000 transferred to Drainage Improvement fund; $50,000. transferred to "Resurfacing, Phase II" The City Manager explained at the end of each Fiscal Year Staff comes to Council and asks that they reserve or transfer into special fund budgets, allocations made within the General Fund which have not been utilized for special projects. The three being addressed are: a transfer of $175,000. from the Capital Reserve Account to the Capital Reserve Futtire fund; $100,000. which was budgeted in the Public Works Dept. this year, to be transferred to the Drainage Improvement fund; $50,000 which was budgeted in the Public Works Department for Road Resurfacing, to be reserved into a special. account "Street Resurfacing, Phase II". The City Manager pointed out that the transfers will mean that the monies will be available for these projects in the future, rather than lapse into fund balance at the end of the fiscal year. Vice Mayor Disraelly MOVED the transfer of $175,000. from Account No. 1-876-581-620 entitled'Addition to City Hall'to Capital Reserve Fund Account, No. 356-381-000 entitled'Transfer from General Fund"; transfer $100,000. from Account No. 1-431-541-631 entitled"Drainage", to the Drainage Improvement fund Account No. 310-381--000, entitled "Transfer from General Fund"; transfer $50',�000. from Account No. 1-431-541-533 , entitled'Asphalt Paving;' to Capital Project Fund to be entitled'Street Resurfacing Phase II",Account No. 352-381-000 entitled'Transfer from General Fund". Councilman Kravitz SECONDED the Motion. VOTE: ALL VOTED AYE. 17. Acting CitX Manager - Tem Reso. #2045 - Discussion and Possible Action to designate an administrative officer to serve in the temporary Absence of the City Manager. SYNOPSIS OF ACTION: Temp. #2045 RESOLUTION I10. R.-- P=J.^^ approved, Steve Wood appointed Acting City Manager, The City Attorney read the Title of the Resolution. VOTE Councilwoman Massaro MOVED the ADOPTION of TEMPORARY #2045, noting that Steve Wood was recommended by the City Manager and she felt the choice to be an excellent one. Councilman Zemel SECONDED the Motion. ALL VOTED AYE. 18. Acquisition of Word Processing Equipment - Report and recommendation by City Attorney and City Manager. Discussion and posse e action. SYNOPSIS OF ACTION: Royal Processor approved. subject to correction of print mer e and also to State Contract being awarded by 11M/81. City Manager Stuurmans indicated that Staff has recommended and asked Council to authorize the purchase of the Royal 7000 Word Processor and Sheet Feeder which has been utilized for the last few months in the City Attorney's area, at a total price to the City of $10,890., subject to the formal award of the State Contract to Royal for this equipment which is presently scheduled for State action on Novemberl5th,1981. Council has budgeted for the purchase of the equipment in this fiscal year and it will be encumbered subject to the State action in November. The City Attorney requested it be subject to the State awarding it by November 15, also subject to the correction of the print merge. Councilwoman Massaro MOVED to APPROVE the purchase of the word processor subject to the print merge being corrected to the satis- faction of the City Attorney and that the money be encumbered in this year's budget subject to the State Contract being awarded not later than November 15. -11- 9/23/81 /lc Councilman Kravitz SECONDED the Motion. VOTE: ALL VOTED AYE. 19. Sovereign Immunity - Discussion and Possible Action to increase. the City s liability coverage limits. SYNOPSIS OF ACTION: General Liability and Property Damage insurance coverages increased at a cost of $1130 for General Liability and $2056 for Property Damage. VOTE City Attorney Birken explained on October lst the limits on Soverei,9n immunity increased and it is imperative from the City Attorney's point of view that the City have additional insurance. He urged the City Council to add the coverage as set forth in Judy Deutsch's memorandum. Mayor Falck explained the City had a quote on General Liability of $1411. and Auto Liability of $2770. The Mayor said as of that morning a note was sent stating if the Property Damage was $100,000 instead of $200,000 it would be reduced to $1130 for General Liability and $2056 for the Auto Liability. Mayor Falck recommended that route be followed. The City Attorney said that those figures are the new cap on exposure. Mayor Falck said the new figures would be $1130 for General Liability from now until April 1st, 1982, and $2056 for Property Damage. A reduction of approximately $700. Councilwoman Massaro MOVED the increase in General Liability and Property Damage insurance at a cost of $1130. for General Liability and $2056 for Property Damage, as outlined. Councilman Kravitz SECONDED the Motion. Mayor Falck stated that while it seems like a high cost and indicates the limits, the City still hassovereign immunity and this is a lo,,:- price to pay for having a cap on whatever the City might otherwise have to pay. He said that he is grateful for the cap, because otr:er- wise everyone is tryin- to deternine what would be the proper limits of liability, and without sovereign immunity they can not have such A c ap . Councilwoman Massaro inquired if there is money in the Budget to absorb the additional cost, City Manager Stuurmans replied that there is. ALL VOTED AYE 25. Uity Waterways - Temp. Ord. #919 - Discussion and Possible Action to amend Section 3 of the Code to modify the requirements pertaining to elevation of the bottom of canals and lakes. First Reading. SYNOPSIS OF,ACTION: Approved on First Reading. City Attorney Birken read the title of the Ordinance. He said the Ordinance had been recommended by the City Engineer. 1 6116 l Vice Mayor Disraelly MOVED ADOPTION of Temporary Ordinance #919 on first reading. Councilman Zemel SECONDED the Motion. ALL VOTED AYE. 26. Utility Inspection Fees - Temp._Ord. #920 -- Discussion and possible action to amend Section 27-12 of the Code to provide that the cost of inspection fees for public improvements shall be paid by the developer. First Reading. SYNOPSIS OF ACTION: Approved on first reading. The City Attorney read the title of the Ordinance. The Ordinance was requested by the City Engineer so there would be no question concerning work done outside the City limits. -12- 9/23/81 /lc r I_ � Councilwoman Massaro MOVED ADOPTION of Temporary Ord Councilman Zemel SECONDED the Motion. VOTE: ALL VOTED AYE. #920. 27. Construction of Dumpsters - Temp. Ord. #921 - Discussion and possible action to amend Section 7-30 (8-10) of the Code to require that dumpsters within multi -family developments be constructed with mechanically activated gates. First Reading. SYNOPSIS OF ACTION: Approved first reading. The City Attorney read the title of the Ordinance. Vice Mayor Disraelly explained he had requested the Ordinance because the City has made provision for outside dumpster enclosures to have an opening so people could reach in if they had parcels in their hand and there are places in multi -family condominiums where there should be the ability to open the door of the dumpster from the outside, where a chute is not available, in order to put items into the dumpster. Vice Mayor Disraelly MOVED ADOPTION of Temp. Ordinance #921. Councilman Zemel SECONDED the Motion. VOTE: ALL VOTED AYE. 28. Supplement No. 7 to the Code - Temp. Ord. #922 - Discussion and possible action to adopt a supp emental revision to the City Code. First Reading. SYNOPSIS OF ACTION: Approved first reading. City Attorney Birken read the title of the Ordinance. He told the Council that he and the City Clerk had proofread all of the Ordi- nances covered in the Codification and it is ready for Council decision. Councilwoman Massaro MOVED ADOPTION of Supplement No. 7 to the Code, Temporary Ordinance #922. Councilman Kravitz SECONDED the Motion. VOTE: ALL VOTED AYE. 29. Site Plan and Develo ment Review Regulations - Temp. Ord. #878 - Discussion and possible action to amend Article II ot Chapter 7 of the code to provide procedures for the development of and improvements to real property in the City. SYNOPSIS OF ACTION: Approved on first reading as amended. The City Attorney read the title of the Ordinance. He commented that it is the most important Ordinance Council has seen in a long time. Essentially it modified the existing Chapter 7 of the City Code and establishes standards for development review and recognizes and refers to existing standards located throughout the Code. Mr. Birken stated that the Ordinance is required by the City's Land Use Element and it is one in which Council has had considerable input. He said the major change in the Ordinance from the one that Council saw in July has to do with Preliminary Site Plan Review, it provides that Preliminary Site Plan Review will be by Staff and not by members of the Planning Commission. The Ordinance was reviewed as drafted by the Planning Commission and they had no adverse com- ments on that point. There is a provision concerning Council being provided with copies of Site Plans when submitted, automatically. That can be handled administratively, however it can be included in the Ordinance. Mr. Birken said he had no comments concerning Mr. Darby's letter of September 17, directed to Council containing suggested changes concerning what should be included in a Site Plan. A minor change suggested by the Planning Commission was submitted to Council. Mr. Birken pointed out the importance of prompt action by -13- 9/23/81 Council since there is litigation between Broward County and the City of Tamarac concerning land development regulations. Broward County has made an issue out of the fact Cities do not have a formal Development Review Ordinance. The City Attorney stressed that it is imperative the regulation be on the books. Mr. Birken said the letter from Darby and Way can be considered at Second Reading. TAPE Vice Mayor Disraelly suggested the verbiage in the prior Ordinance #4 be added on Page 4, line 34, "site area, net the area of the parcel excluding public rights of way". Page 16, line 22 after the #3., add the word "written"; line 24, after the #4, add the word "written"; line 27, after the #5, add the word "written". Page 37, on line 21 substitute the words "certificate of occupancy" in place of "occupational license". Vice Mayor Disraelly stated that he is personally concerned about the fact there is no preliminary Site Plan.that will go before the Planning Commission. The Vice Mayor said his concern is that if the Planning Commission sees a Final Site plan on Wednesday if they approve it, and it is agendized on Thursday, the Council will not get it in their packet until late on Friday and they only have the weekend in which to review a final Site Plan and make a determination as to what action they will, take. With a preliminary Site Plan they would have at least seen the preliminary Site Plan and they would have seen the report of the Planning Commission and would have had two weeks to review the preliminary Site Plan, and would know what changes had been suggested. The Vice Mayor said he is particularly concerned about the short time they will have and if there are three or four site plans they would have to do all of this over the weekend. He said he would like to see the preliminary Site Plan by Staff and Planning Commission review reinstated into the Ordinance. Councilwoman Massaro explained that Staff is reviewing the preliminary plans and it was her suggestion that it be required within the Ordinance that plans be furnished to the City Council, so Council would have the same time elements as before. Vice Mayor Disraelly said if Council can see them he would be happy, and he commented that i£ the -pre- liminary _ liminary Site Plans go to the Planning Commission, in addition to the final it is only fourteen days. Mayor Falck suggested adoption on first reading, and if Council feels so inclined he will be happy to schedule a Workshop between first and second reading, and resolve any aspects of it, including those raised by the Vice Mayor. Vice Mayor Disraelly agreed. Councilman Zemel expressed concern that they must have as much time as possible so they will not make a mistake that will cost the people of the City money or aesthetic beauty or any other problems. VOTE: Councilwoman Massaro MOVED that Temporary Ordinance #878, Site Plan and Development Review Regulations, be APPROVED on first reading, as amended. Councilman Zemel SECONDED the motion. ALL VOTED AYE. MEETING WAS RECESSED TO 1:30 P.M., FOR LUNCH. MEETING WAS CALLED TO ORDER, ROLL CALL TAKEN, AND ALL PRESENT. TAMARAC UTILITIES Large g User Agreement with Broward County - Status Report by Consulting City Attorney. Discussion and Possible Action. SYNOPSIS OF ACTION: Status Report by Consulting City Attorney. Mr. Ruf authorized to pursue matter with proper County authorities, and to use services of Consulting Engineer, and prepare for possibility of an escrow acct. Consulting City Attorney Alan Ruf stated that he was asked by the City Attorney to involve himself in a review of the -14- 9/23/81 VOTE: background and present status of the City of Tamarac obligation under the large user agreement. Mr. Ruf said the City has been advised by the County that beginning October 1 the City should know they are ready to implement the large user agreement that was executed between Tamarac Utilities .(assigned to the City at the time the City purchased the Utility) and Broward County. The terms of the large user agreement would require the City to pay for the operation, maintenance and debt service in the amount of $217,475. in the year 1981-82; and also would require the City to pay for transmission debt service in the amount of $161,131. Mr. Ruf said he had spoken with the City Engineer and Consulting Engineer during the past week, and had meetings with them. It is their opinion that the County may be in violation of their obligations under the large user agreement, to provide transmission of the large amount of effluent to their treatment facility. The Consulting City Attorney commented that his initial investigation would indicate that the Engineers are correct and there are some pro- visions in the agreement that require discussion with County Officials. He said he would like permission of the Council to pursue the matter with various County Officials and also to use the City Engineer and/or the Consulting City Engineer for those discussions. Also, Mr. Ruf said he believes there are some provisions of the Large User Agreement which the City should seek to pursue at this time. There is a pro- vision of the Agreement that allows Broward County to modify the flow and the charge for the flow, and he would discuss that provision with County Officials. Also, there is a provision that indicates if the City is in conflict about the rates or any other matter, they would make the payment to an interest bearing escrow account agreeable to both the County and the City. The matter would then be negotiated and/or litigated, and the funds would then be available for which- ever party was succesful in the negotiation or litigation. Vice Mayor Disraelly questioned the fact part of the debt service charge is based upon gallons reserved, and it is also a question of how big the treatment plant is and how large the transmission lines. Mr. Ruf said the treatment plant is completed, however it is a question of transmission. Vice Mayor Disraelly stated if the City can not get the effluent to them, we should not be paying the $6.8 million. Mr. Ruf said that is one of the positions the City would be taking. Mr. Ruf indicated that the Consulting Engineer is satisfied that the treatment plant can handle the waste water if the City can get it there. Further, he said he would like the option of making the payment to the interest -bearing trust account. Mr. Ruf expressed the hope that the City would be able to negotiate rather than litigate this matter, at which time a decision would be made reference to the interest. Councilwoman Massaro mentioned that it might be necessary to call a special meeting. Mr. Ruf stated that he plans to put the County on notice that there are problems. Councilwoman Massaro MOVED that Mr. Ruf be authorized to pursue the matter with the County Officials, whomever he may decide they should be, and that he be authorized to use the City Engineer, the Consult- ing Engineers, and to prepare for a possible need for an escrow account to meet whatever payments should be made at the proper time so that the City would not be in default, and that if necessary he will consult with the Mayor about a special meeting if he thinks it is necessary in order that the matter can be brought to proper conclusion as soon as possible. Councilman Kravitz SECONDED. ALL VOTED AYE. Mayor Falck indicated to Council that he will be attending the first meeting of the Committee from the North Area on the matter of waste water and he will report back to Council so Council can appoint someone later on. GENERAL ADMINISTRATIVE/FINANCIAL 16. Federation of Public Employees - Blue Collar Unit- Temp. Reso. - Discussion and Possible Action to au t orize appropriate City Officials to execute a Collective Bargaining Agreement with this employee unit. SYNOPSIS OF ACTION: Tabled -15- 9/23/81 /lc City Attorney,Arthur Birken, explained that they had hoped that the Federation would have a general membership meeting to take action on the proposed agreement. It would not be appropriate for Council to take action at the present time, he said. Mr. Birken stated he had told the federation that there would be no staff recommendation to have any pay increases retroactive to October 1st if the agreement was not fully ratified by October lst. The City Attorney recommended that the matter be tabled. Vice Mayor Disraelly MOVED that Temporary Resolution #2044, Federa- tion of Public Employees, be TABLED until the City hears from the Federation. Councilman Zemel SECONDED the Motion. VOTE: ALL VOTED AYE. LEGAL AFFAIRS 30. Enforcement of_Zoning Regulations - Temp. Ord. #886 - Discussion and possible action to designate the official aut orized to enforce the zoning regulations within Chapter 28 of the City Code. Second Reading. (tabled from 7/31/81) SYNOPSIS OF ACTION: Tabled to next Regular Meeting. VOTE: The City Attorney read the Title of the Ordinance. He said there are some changes needed, there was discussion as to whether the City Manager or Chief Building Official should be designated in the Ordi- nance. The matter will hopefully be determined by Council later. Councilwoman Massaro MOVED that the Item be TABLED until the next regular meeting. Councilman Zemel SECONDED the motion. ALL VOTED AYE. 31. Local Government Management and Efficiency Study Committee - "Broward County vs Jane Carroll - Discussion and possible action concerning legal participation. SYNOPSIS OF ACTION: City Attorney authorized to work with Atty. General -'s office in defense of case as it affects Mayor. Mr. Birken commented he had sent Council a memo on the matter. He said he had received a phone call from the Asst. Attorney General who is handling the case and assigned to represent the defendants in the case. He told Mr. Birken that an answer will be filed for all defendants on all .=.unts., how_e_ver__he will__.b-e._ lo.akin.a___t.o.-t.he- C-it__s -.. . for leszal assistance in research and other matters during the pendency of the lawsuit. Also, he suggested that the City file a Note to Appear so they will receive copies of all pleadings. Mr. Birken requested authorization to participate to extent necessary, in the lawsuit. Vice Mayor Disraelly MOVED that the City Attorney be authorized to work with the Attorney General's Office in the defense of the case of Broward County vs Jane Carroll, as far as Mayor Falck is concerned. Councilman Zemel SECONDED the Motion. VOTE: COMMUNITY DEVELOPMENT ALL VOTED AYE. 32. Easement Vacation - Woodlands Section 5 _ Temp. Reso. #1910 - Discussion and possible action to vacate a portion of a utility easement on Lot 11, Block 25. (tabled from 7/24/81) SYNOPSIS OF ACTION: Adopted RESOLUTION NO. R-- g7l,V2PASSED. subject to American Cable letter which is attached to Resolution. The City Attorney read the Resolution by Title. He noted that it had been tabled on a number of occasions. The main concern had been a failure to receive letters from the various utilites agreeing to -16- 9/23/81 /lc L the vacations. Those letters were received, the City Engineer questioned the letter from American Video in which they said they have no objection to a release of the four -foot portion of the easement on the east border of the west end of the easement, however they must stipulate in the event they are required to excavate the remaining portion of the easement for the purpose of repair or replacement of their cables, they bear no responsibility for structural damage. Mr. Birken said he did not think that was a matter the Council had to concern themselves with. it is a matter between the utility and the property owner and it would appear if Council wished to act affirmatively, they have all the docu- ments to do so. Councilwoman Massaro questioned if the matter should have come before the Board of Adjustment. The City Attorney said the matter belonged before Council. Councilwoman Massaro inquired if the City Attorney was satisfied that the City has no responsibility in view of the fact they have put the City on notice. Mr. Birken replied that he is satisfied, he said the City was not put on notice, they merely had requested a copy of the letter. Vice Mayor:Disraelly referred to a letter from Florida Power & Light which mentioned an additional two feet, rather than four feet. Mr. Birken said he did not know what FP&L was referring to. Vice Mayor Disraelly explained that a letter from FP&L on April 21st referred to the first two feet and the August 21st indicates an additional two feet, and he thought FP&L was giving them four feet. The letter from American Video is addressed to Steve Beyer so it would seem the City has no problem. Mr. Birken said he saw no harm making approval subject to the reservation of the American Video September 1st letter. Vice Mayor Disraelly MOVED ADOPTION of Temp. Reso. #1910, and to include in Section II the reference to the letter of American Cable dated September 1, 1981 addressed to Steve Beyer re the Petition of Jack and Pricilla Rose. The City Attorney suggested'thatthe Vice Mayor state in the Motion that the Resolution is subject to the letter from American Cable of September 1, 1981, attached to the Resolution. Vice Mayor Disraelly so MOVED. Councilman Kravitz SECONDED. VOTE: ALL VOTED AYE. PUBLIC HEARINGS 22. Five Year Capital Improvement Plan 1982-86 -- Temp. Reso #2046 - Discussion and possible action to adopt a Capital Improvement Plan for 1981/82 through 1985/86. SYNOPSIS OF ACTION: Temp. Reso. #2046 RESOLUTION NO. R—!W/--�,� PASSED Adopted. 1 41190 City Attorney Birken read the title of the Resolution. The City Manager commented that the Capital Improvement Plan as submitted to Council May 1, 1981 has been revised as of September 21, 1981. The changes reflect those capital projects and items which are reflected in the various budgets of the City for the 1981-82 fiscal year. Mayor Falck opened the Public Hearing. No one wished to speak and the Public Hearing was closed. Vice Mayor Disraelly MOVED ADOPTION of Temporary Resolution #2046 adopting a five year capital improvement plan. The remarks given to the Council indicate from whence the funds will come from for all of these projects. Councilman Zemel SECONDED the Motion. ALL VOTED AYE -17- 9/23/81 /lc 23. H.L.R., Inc. - Rezoning Petition #47-Z-80 - Discussion and possible action to rezone lands located south of McNab Road at N. W. 70th Avenue from R-lB to R-3, by Temp. Ord. #834. Second Readirtg. SYNOPSIS OF ACTION: Public Hearing to be continued to 10/14/81. Petitioner to consult with City Attorney re: Agreements. Mayor Falck indicated that this is one of the items that they have requested not to finalize today. The City Attorney read the Title of the Ordinance. He said that he had received a letter from Joel Kommer, dated September 21st, asking that the item be tabled. Mr. Birken said that he also understands that Council may want to continue the Public Hearing, and they may do so. He said they do not have to readvertise the Public Hearing, although they may choose to do so. Councilwoman Massaro said she saw no need to choose to, those who are concerned will be informed. Julian Bryan, representing H.L.R., the Petitioner, explained the letter was sent at the request of the City Attorney and was in response to the Planning Board action at their meeting the previous week, wherein they tabled action on the reserve units. They must take that action before Council can do so, and before the Second Reading can be held. Mr. Bryan suggested the item be held over until the October 14 meeting because planning meets on the 7th of October. He noted they have had a continuing dialogue with the homeowners, and they are aware the item was to be kabiea at the present meeting. They will continue to be informed, he said. Mr. Bryan said there is no problem with the public hearing portion of the meeting being continued so the home owners will be allowed to speak again if they so choose. Mayor Falck opened t"ie Public Hearing. No one from the public wished to speak on the subject, and the Public Hearing was closed. Vice Mayor Disraelly MOVED that the Public Hearing be continued until the meeting of October 14th. Councilwoman Massaro pointed out that Mr. Bryan should ask whoever is responsible for the negotiating of the agreements to consult' -with the City Attorney and finalize the agreements. Councilman Zemel SECONDED the Motion. VOTE: ALL VOTED AYE. 24. H.L.R., Inc. - Rezoning Petition #48--Z-80 - Discussion and possible action to rezone lands located south of McNab Road at N.W. 70th Avenue from R-lB to R-4A, by Temp. Ord. #835. Second Reading. SYNOPSIS OF ACTION: Public Hearing continued to 10/14/81. City Attorney Birken read the Ordinance by title. Mayor Falck opened the Public Hearing. No one from the Public wished to speak and the Public Hearing was closed. Vice Mayor Disraelly MOVED that the Public Hearing be continued until October 14th. Councilman Zemel SECONDED the Motion. VOTE PRESENTATIONS ALL VOTED AYE. 7. Lakes of Carriage Hills - Presentation by representatives of developer of a proposed condominium to be located near Bailey Road and Sabal Palm Blvd. -18- 9/23/81 /lc SYNOPSIS OF ACTION: Presentation by Representative of Developer of proposed condominiums to be located near Bailey Road & Sabal Palm Blvd. TAPE # 4 Mr. Dan Oyler, Vice President of Craven -Thompson introduced the Council to a new developer in Tamarac who has not done work in the,City pre- viously, and discussed what they propose to build on the southeast corner of Bailey and Rock Island Road. The corporation which will be building the project is called the Lakes of Carriage Hill, Inc. They have built projects in Broward County, and Mr. Oyler described the various projects they have built, and displayed photographs of a project they have just completed in Hollywood. Mr. Oyler showed the location of the project, and said the land is zoned R-4A and the Land Use Plan shows about 15 units per acre. He said they propose to build about 13 units per acre on the property. The concept of the plan is a water -oriented type community, with five and a half acres of water bodies. All units focus on the water. Mr. Oyler explained that they plan to build three-story two -bedroom apartments. The buildings will consist of from 54 units per building down to 43 or 44 units per building. One central main recreation area will be provided, which will be the clubhouse, tennis facility, swimming pool and eventually shuffleboard courts.- At the present time,two satellite pools and recreation areas for the development. Mr. Oyler said they propose to bring Sabal Palm Boulevard on through and out to Bailey Road, and have the 70' right-of-way shown on the existing plat. He said it will be landscaped and treated the same as it presently is to make the whole complex unified as to one development. All necessary water and sewer will be provided, the water comes from Broadview Utilities and the Sewer is Tamarac Utilities. They have been in contact with Broward County and with the City Planner and feel they have a good project that will be an asset to the City of Tamarac. One unique situation of the project is that one-half of the project is not platted yet. He said they will be coming in for over-all site plan approval and approval of the plat on the unplatted area, vacations of certain water and sewer utility easements and separate instruments to put them back on the property at the proper locations. Mr. Oyler said he hopes there will be no confusion on what they plan to do, they hope to be under construction around January or February on the platted property, starting with the Clubhouse to open up for sales, etc. Vice Mayor Disraelly questioned the north half of the property, Mr. Oyler indicated Carriage Hills had purchased the northern half of the Sabal Palm property. He said they understand the City Engineer has a problem with traffic circulation in that area, and they have been in contact with him and have agreed to prepare drawings for the City to improve that intersection and will take care of it for the City to give a better entry into the situation, including the development to the south. He said they plan to redo the area for the City and to take care of it. Mr. Oyler said the planned drainage will be underneath the roads into the lake and out to the outfall pipe in the easement which runs into the canal. Councilwoman Massaro indicated there will be problems until the developer gets County approval. Many of the things will depend on an overall approval before they can start on the platted area. Mr. Oyler said one spills into the other as far as County approvals for retention and that sort of thing. However they have talked with Mr. Rubin and Mr. Keating and they plan to provide an outfall on the unplatted property. He said they hope to site -plan the whole thing and at least pull a building permit for the Clubhouse area and get that under construction, and the dredging of the lake that is on the platted property. Mr. Oyler said they anticipate the Plat as being recorded before they pull the building permit on the first building. He said they realize they will have to work things out with the County to satisfy the City. Mr. Oyler said whatever security the City needs for them to go ahead with the first portion of the development they will work out to the City's satisfaction. Mr. Oyler said the development will be planned in one phase, with the Clubhouse and facilities first and then commence Mem 9/23/81 /lc to work their way around will be continuous. Mr. the market or financing 531 units on 40 acres. 2 acres for waterways. C011MU-NtITY DEVFT..,OPMENIT with the buildings in that area. The work Oyler said they anticipate no problems with at the present time. There will be a total of It is planned to have 3-1/2 acres plus another 35. Northwood II-- Model Sales Facilit - Discussion and possible action to permit a model sales facility. tabled from 9/9/81) SYNOPSIS OF ACTION: Approved subject to bond & fees beling paid for instal- lation of sidewalk, bond approval by City Engr. and Atty., sidewalk to be 5'wide and installed before inspection of facility. Fees to be paid before issuance of permit. Councilwoman Massaro indicated there is a problem with the S-1 parcel being zoned. She _noted the item was tabled at the last meeting because it was felt the action had to be resolved before the model sales facility could be given. Councilwoman Massaro said she felt the item should be tabled until the problems are resolved. Councilman Zemel SECONDED. Julian Bryan, representing Northwood II, addressed the Council. He said he was out of the room when the item was called. Councilwoman Massaro explained there had been a motion and a second to table the item until the matters are resolved as far as recreation parcels are concerned, and hopefully it would be the next regular meeting. Mr. Bryan explained that this is Northwood II, and unrelated to the recreation parcel of Springlake I & II, and is a totally separate issue. He said the reason the item was tabled was because Councilwoman Massaro had requested that a sidewalk be constructed along Southgate Blvd. which was not a Code requirement, and was something HLR had to consider and it would be a cash expense for them since it is not included in their sales price. Mr. Bryan stated that he had been authorized to commit the developer to construction of the sidewalk along Southgate Boulevard, however there is pending before Council consideration in the near future of the transfer of some additional reserve units to tract 36 and in part of that discussion it had been indicated an in -kind contribution toward the purchase of those reserve units would be the construction of not only that portion of the sidewalk, but some additional 6000 linear feet along Southgate Boulevard, to get them from the west end of Westwood 24 to the east end of Westwood 23. Mr. Bryan asked that the 800' of sidwalk be a part of that 6700', and credited at the proper time. If the agreement is never consummated, then HLR would not get credit for it. Councilwoman Massaro said until Council knows what the entire agreement is they would not concede to anything. Mr. Bryan said all he is suggest- ing at the present meeting is that they would like to be able to proceed with the model building, which is all that is before Council at the present time concerning Northwood II. Further, he stated they would commit to the sidewalk, with the request that if and when the transfer of units is accomplished they will be given credit for that piece of sidewalk. Mr. Bryan agreed that the sidewalk under discussion would be put in immediately. Councilwoman Massaro said the sidewalk should be put in first, and whether or not credit would be given for it will remain with the rest of the agreement, and before he puts up the model sales the sidewalk is to be installed. Mr. Bryan suggested that it be completed prior to the Certificate of Occupancy of the model sales building. It was agreed the sidewalk will be installed before final inspection of the model sales building. Bond and appropriate fees to be paid before permit can be issued for the Model Sales Facility. The Motion to TABLE was WITHDRAWN by Councilwoman Massaro, Councilman Zemel WITHDREW the SECOND. Councilwoman Massaro MOVED that the APPROVAL be granted for the Northwood II Model Sales Facility, subiect to a hr)nd and appropriate feet bpirrr paid to install the 5' sidewalk fronting Northwood II property on Southgate Boulevard and that the bond be approved by the City Attorney and City Engineer and that the sidewalk be installed and completed before a final inspection on the Model Sales facility, but the bond and fees must be .in _before .a uermi.t can be issued for the Mncle7_ S.a1.eG far il,ity. -20- 9/23/81 /lc r r Councilman Kravitz SECONDED the MOTION. VOTE: ALL VOTED AYE. 34. John H. Detrick - Rezoning Petition #11-Z-81 - Discussion and possible action to rezone lands located on the southwest corner of McNab Road and N.W. 88th Avenue, from R-4A to B-5, by Temp. Ord. #903. Second Reading. (Tabled from 9/9/81) SYNOPSIS OF ACTION: Approved ORDINANCE NO. 0 - $"/-- PASSED on Second Reading. The City Attorney read the Ordinance by Title. He said the Public Hearing was held. The question concerning the accommodations that will be provided to the neighbors of the property who reside at the Greens has been satisfied and a Covenant was provided, fully executed and the Attorney for the Greens, George Platt, stated in a letter that he has reviewed the proposed restrictive Covenant and is satisfied it meets the needs of his clients. Essentially the Covenant provides that the property shall be used as a one-story drive-in and walk-up financial facility, provided if the owner should abandon or discontinue the use of the property for that purpose, the use shall revert to use consistent with current R-4A zoning. Nothing contained in the Covenant will prohibit the owner from applying for zoning changes, variances or relief as he may see fit in the future, and nothing shall prohibit use of the property for any uses consistent with such zoning variance or other similar relief. racy" Mr. A. L. Stan cof£, Vice President of Coral Gables Federal stated he has reviewed the Covenant as submitted, and the owner of the property, Mr. Detrick, and Coral Gables Federal agree to the wording of the Covenant and the Covenant is consistent with their purchase of the property. Mr.Stancoff agreed that the Covenant will be recorded properly, immediately prior to the closing of their contract. Councilwoman Massaro MOVED that the rezoning petition, ll-Z-81, the John H. Detrick property, be rezoned from R-4A to B-5 as indicated on Temporary Ordinance #903, on Second and Final Reading. Councilman Zemel SECONDED the Motion. ALL VOTED AYE. 36. Fami1Z Mart - Bond Release - Temp. Reso. #2049 - Discussion and possible action on a request to release a warranty bond posted to guarantee public improvements. SYNOPSIS OF ACTION: Tabled until next regular meeting of Council to solve problems with retention, drainage and beautification. The City Attorney read the title of the Resolution. Councilwoman Massaro inquired about the retention area and catch basin on the south east corner of the property. The catch basin is higher than the area, it should be dropped and the grass area around it is nothing but weeds, and she questioned if the bond should be released. Councilwoman Massaro noted that the other area, thelgrease trap, etc., has been taken care of, and is in nice condition. Vice Mayor Disraelly commented that it is being kept reasonably clean. He said the note from Frank Barbuto, Asst. City Engineer, indicated he is not particularly concerned about the catch basin, it just gives extra retention at that area. Council- woman Massaro stated that she is concerned that water stands there during a period of time until it evaporates, which causes mosquitoes to breed. Vice Mayor Disraelly indicated he is more concerned about the parking and the beautification is horrendous, there are many trees to be replaced. He commented that the trees are dying and there is a problem on the parking lot adjacent to the Shell Station where there is stagnant water. He indicated that he did not feel the bond should be released. Larry Keating, City Engineer, told the Council that his department has notified Family Mart of certain deficiencies under the terms of the -21- 9/23/81 /lc r � r warranty bond that are required to be completed under the terms of that bond. He said they have responded back to the City questioning the nature of the deficiencies, and he has written a memo back to them, a copy of which was given to Council. Councilwoman Massaro noted that the beautification was not addressed in the memo, Mr. Keating replied that is not his responsibility. Councilwoman Massaro MOVED to TABLE Item #36 until the next regular meeting. Councilman Kravitz SECONDED the Motion. VOTE: Councilman Kravitz AYE Councilwoman Massaro AYE Vice Mayor Disraelly AYE Mayor Falck AYE Councilman Zemel ABSENT 41. Westwood 3 Drainage Augmentation - Report and recommendation of City Engineer. Discussion and possible action. SYNOPSIS OF ACTION: Consultant Engineer authorized to redesign project at a cost 'not to exceed $1000. Lilly" City Engineer Keating explained that the recommendation he is making; is that the City authorize the Engineer to modify the original plans for Westwood Blvd. which would now have the drainage installed complete- ly in Westwood Blvd. and not adjacent to them; and also would remove the requirement for obtaining easements for the construction. The Consulting Engineer and Staff Engineers estimate the project costs to be similar to those originally contemplated for the area. That amount was around $125,000. Councilwoman Massaro inquired if dredging the outfall canals will have any effect on this, Mr. Keating replied that it will not. He explained that the problem is that the pipes are too small to carry the water to the canals. There are significant problems in that area. Mr. Keating said there are modifications required to the design plans which should cost less than $1000. to redesign. Councilwoman Massaro MOVED that the Consultant Engineer be authorized to redesign the project and then come back to Council for authority to go back to bid, at a cost not to exceed $1000. If greater than that amount it will be brought back to Council for consideration. Council- man Kravitz SECONDED. The City Engineersuggested that it be brought back to the City Manager instead of coming back to Council, to go out to bid;.land then come back to Council for the award. Councilwoman Massaro agreed to make that part of the MOTION, that the City Manager be authorized to prepare for bid, and to go to bid. The SECONDER agreed to the amendment. ALL VOTED AYE. In reply to a question concerning the area east of 441 in the area of Wellen's Furniture Store, Mr. Keating stated that he and Mr. Thissen had discussed the matter and the most recent set of plans have come in from Craven & Thompson showing the culverts that exist that the Public Works Director has proposed connecting in to. The City Engineer said they have determined it is a 24" culvert and may not have sufficient capacity to accomplish what they are trying to do at that location. Mr. Keating said during construction of an office building to the south a drainage ditch will be cleaned and that will probably improve the situation and he and Mr. Thissen would like to explore the possibility TAPE of obtaining easements from 49th Street south into the drainage ditch # 6 which would be shorter runs and more efficient drainage. Mr. Keating indicated he will be able to say whether that is feasible or not, within a month. Councilwoman Massaro inquired if Mr. Keating had discussed the drainage within Isles of Tamarac with Gary Glusman. Mr. Keating said they have determined that they are working in that area, repairing catch basin aprons at that point. Mr. Keating indicated there are a large number of complaints in the file.about lot grading, some are determined not to be valid and others appear to be valid. Mr. Keating stated he has not compiled a list at this point to show an exact listing -22- 9/23/81 /lc L__- of the problems, but they will do so within a week or two. council- woman Massaro indicated she would like to have the City Engineer .available when the Item concerning Isles of Tamarac comes on the Agenda. Councilman Zemel said that information had been given to Mr. Keating several months ago, and it had been discussed a number of times with the City Manager and there has been four or five memos on the subject. Mr. Keating said the City Engineer has no police powers, Councilman Zemel said he was referring to the compiling of a list of the locations of complaints. Mr. Keating said he had looked at a list that morning and there were twenty complaints. Some had been marked as not valid, others were left open so Mr. Keating could not make a determination as to whether it had been taken care of. He stated he would get after these matters and get them completed. Councilwoman Massaro said that there have been problems getting the Isles of Tamarac to move forward with the punch list, and that is why she is reluctant to give any further authority until such time as they have done the work. Vice Mayor Disraelly inquired of Mr. Keating if there would be no driveways cut when the work in Westwood III was being done. Mr. Keating said he did not think there would be any, there possibly might be one. #37. Tamarac Gardens - Revised Site Plan - Discussion and possible action on a revised site plan for a cabana. SYNOPSIS OF ACTION: Approved revised Site Plan adding a cabana at swimming pool. file 17 " Councilwoman Massaro MOVED to APPROVE the revised site plan adding a cabana as part of the swimming pool amenities. Vice Mayor Disraelly SECONDED the Motion. ALL VOTED AYE. 40. Woodmont Plaza - Revised Site Plan - Discussion and possible action on a revised site plan for parking" lot layout and vehicular circulation. SYNOPSIS OF ACTION: Approved with e etion o —word "-proposed" at right turn lane, wall to be 10' from property line; extruded curbing the length of property; 5' concrete sidewalk; appropriate beautification. Also, appropriate bond and fees to be paid for turn lane curbing. Barry Eden, developer of Woodmont Plaza, indicated he had had a request from abutting property owners at Academy Hills requesting that instead of putting the wall on the property line, it be moved in 15 feet so that his neighbors will have the additional property in their back yard rather than having it face the parking lot in back. Councilwoman Massaro told Mr. Eden he will still have to put in trees in that area, Mr. Eden agreed that whatever the Site Plan shows will be done, and on the other side of the wall he will sod and plant trees. Councilwoman Massaro said the trees would have to be on the parking area side of the wall. She pointed out his commercial property has to have beauti- fication. Mr. Eden said that has already been approved, the only question is where the wall will go. Councilwoman Massaro said when the location of the wall is changed, the beautification will be changed. Mr. Eden agreed to do whatever Council wishes. He said whatever is re- quired will be put in and whatever the City wants or the owners want will be put in. Councilwoman Massaro commented it is nice to give the residents the green area, but she felt there should be at Least ten feet between the wheel stops and the wall. Richard Rubin, Consultant Planner, explained the distance from the north property line to the edge of the asphalt is 20'. Mr. Eden's -23- 9/23/81 lc drawing shows that the six-foot high wall will be placed half way into the 20', so therefore it is still 10' to the edge of the pavement. Councilwoman Massaro said the wall should be in the middle of the 20' so there will be 10' of grass on the commercial side and 10' of grass on the residents'side, and that the trees be planted on the commercial side, since the intent is to beautify the commercial side. Vice Mayor Disraelly said there should be trees on the residents' side also, Councilwoman Massaro said they are concerned with the commercial side being beautified. The residents have the privilege of beautifying their side and maintaining it. The City Planner requested that the Site Plan reflect the right-hand turn lane is not proposed, but is being constructed and that the fees and bonds be paid to the City of Tamarac and not to Broward County. Vice Mayor Disraelly suggested that the word "proposed" be deleted with reference to the new right -turn lane, showing that it will be a right -turn lane. Mr. Eden discussed the fees and bonds being paid to the City. He explained he had agreed to taut _ extruded curbs in the median area on McNab Road. However, he said he personally thought if HLR is not going to do the same, it will be a dangerous situation with curbing on one side and not the other. Councilwoman Massaro said the agreement with Mr.Eden had been made a long time ago, and he should stay with the agreement and H.L.R. will be looked into separately. The City Planner stated the applicant was requested to submit the revised Site Plan, he has worked with the City and complied with all requests and Staff recommends approval of the revised Site Plan so they build a second story mezzanine, Vice Mayor Disraelly MOVED that the Woodmont Plaza revised Site Plan be APPROVED with the deletion of the word "proposed".at the new right -turn lane and that the wall be permitted ten feet from the property line; the trees that were specified in the Beautification Plan all to be placed in the area south of the wall between the wall and the parking lot. Also, there will be extruded curbing the length of the property and there will be a five-foot concrete sidewalk. Also, appropriate Bond and fees shall be paid to the City for appropriate turn lane and curbing. Councilwoman Massaro SECONDED the MOTION. VOTE: ALL VOTED AYE. 42. Drainage Improvements Western Area of the City Discussion.and _possible action. SYNOPSIS OF ACTION: Discussion by Council.- Request City Engineer to check culverts to make certain City is dealing with clean lines so ultimate capacity is utilized. Sec. 7 to be checked, also Wellens area east of 441.to be checked by City Engineer. Councilman Zemel indicated he had discussed with the City Manager and City Engineer the fact that there is a small area in Section 24 that still has flooding. The area is located on 100th Terrace and runs to 100th Avenue to 102nd Terrace. He has asked the City Engineer to look into it and the City Manager has directed the City Engineer to look into the matter to determine what has to be done so it can be proposed to Council to see what can be done. Councilwoman Massaro said she would like to see two areas looked after. One is in the area of Wellens property east of 441 and also in Section 7, after the lines are cleaned, it will be determined if there is a serious problem there. She noted whenever there is rain, the northern part of Section 7 is under water. The people at the north end of the Section become isolated since there is only one way in and out of the Section. Councilwoman Massaro commented that the City Engineer had said he could not make the determination until such time as the lines had been properly cleaned. Councilwoman Massaro requested that the work in Section 7 be completed first because of its serious nature. -24- 9/23/81 /lc Councilman Zemel pointed out any corrections should be made before the next rainy season. Mayor Falck asked the City Manager about the Boulevards Section, and noted that he is directing a memo to Council as it relates to 26th Terrace. He said he is particularly concerned as it relates to the easement that the people have agreed to which will send drainage water from 72 homes, and he had inspected the area the previous Sunday and the water was bubbling up all over the area. The City Manager explained the lines had been checked and were clear, but the amount of rain was considerable in a short period of time. Mayor Falck stated that the City Manager of Oakland Park has requested action be taken promptly to vacate 26th Terrace, and they will protect that area. Councilwoman Massaro said she would strongly urge that the City Manager be instructed to have the City Engineer go in and clean out the lines to make sure the City is dealing with clean culverts, so that the ultimate capacity is being utilized. Ms. Stuurmans agreed to provide Larry Keating, City Engineer, with a copy of Mayor Falck's memorandum on the subject. 46. Isles of Tamarac - Model Sales Facilit Action. SYNOPSIS OF ACTION: Tabled until City Engineer checks to determine problems and progress of punch list. -- Discussion and possible Councilwoman Massaro stated she understood from Mr. Keating that they have not done anything with the catch basins at the present time, but are just correcting work around the catch basins. There- fore it did not appear the actual drainage work is being done. Mr. Gary Glusman, developer, said that the only problem with the catch basins was the aprons. Councilwoman Massaro commented that there have been reports of considerable drainage problems. Mr Glusman replied that there are no considerable drainage problems in that area, there could be a few select customers that may say they have some ponding, but the drainage work is good. If a situation arises, they generally go back to do whatever they can to help the situation. He said the ground is hard and very low percolation and it is difficult to have 100% run-off. However, the catch basin problem was the cracked aprons. Councilwoman Massaro said that inspections are needed to determine what the problems are and to make a firm determination as to what needs to be done and she suggested that be done before any further action is taken on the Project. Mr. Glusman said if anyone had requested him to come in to discuss the problem he would have been happy to do so. Councilwoman Massaro referred to the Punch list, she said that is Mr. Glusman's responsibility and the work must be done. Councilwoman Massaro MOVED that the item be TABLED until such time as any member of Council has had an opportunity to check with the City Engineer, after he has looked into the matter, to determine exactly what the problems are and what part of the punch list is completed. Councilman Zemel SECONDED the MOTION. VOTE: ALL 'VOTED AYE. Councilwoman Massaro suggested that Mr. Glusman get in touch with Mr. Keating and get the punch list cleaned up. Mr. Glusman stated that he felt to have the matter tabled with no prior discussion when he came in -previously, was difficult to under- stand. Councilwoman Massaro told Mr. Glusman when she had heard that he did nothing with the punch list in all that time she did not feel very sympathetic. She said she had no objection to his plans once he does the things that are required. Mayor Falck said that he has no objection to the project, however when there are other matters pertaining to the project the Council must take this action is order to make sure whatever needs to be done is done. Mr. Glusman said the work is in progress. 25- 9/23/81 /lc 48. Welcoming Committee - Temp.. Reso. #2051 - Resignation of member and appointment ot new member. SYNOPSIS OF ACTION: Resignation RESOLUTION N0. Rn �j/ PASSED. o Ellen Hochhauser accepted. Patricia Ann Grillo appointed. Councilman Kravitz explained a resignation had been received from one of the members. He suggested that the resignation of Ellen Hochhauser be accepted. Further, Councilman Kravitz said he had issued a memorandum with four other names of persons who had asked to be placed on the Welcoming Committee. However, he said that he would like to place a name in nomination and if there are others, they have a ballot. Councilman Kravitz placed the name of Patricia Ann Grillo as the nominee to replace Ellen Hochhauser on the Welcoming Committee. Mayor Falck said he thought the suggestion was good, he hoped through Ms. Grillo's relationship with the Chamber of Commerce, to bring the members of the Chamber a little closer to the City. Vice Mayor Disraelly read Temporary Resolution #2051 by Title. Councilman Kravitz MOVED to APPROVE Temporary Resolution #2051, and to accept the resignation of Ellen Hochhauser and to nominate Patricia Ann Grillo as a member of the Welcoming Committee. Vice Mayor Disraelly SECONDED the Motion. VOTE: ALL VOTED AYE. 49. Bid Award - Curb Sweeper - Temp Reso. #2025. Discussion & Possible Action. SYNOPSIS OF ACTION: Denied. Bid rejected. City Manager Stuurmans indicated that Staff recommends a rejection of the bids for the Curb Sweeper. She said the bids received from Florida Municipal Sales Company and Dave Smith & Co., Inc. exceeded the fund level for the equipment. Councilman Zemel MOVED the DENIAL of Temporary #ZU25 - awarding a bid for. Cur.. Sw_eener Vacuum - and rejection of Bid 81-23. Vice Mayor Disraelly SECONDED the Motion. VOTE: ALL VOTED AYE. TAMARAC UTILITIES 3. Tract 27 - Remote Storage Tank - Discussion and Possible Action. SYNOPSIS OF ACTION: (See pg. 27) City Manager Stuurmans suggested discussing Mr. Keating's memorandum TAPE of September 10 and the .duly 14 proposal from Williams, Hatfield & # 8 Stoner -on design and general administration of the covering the project. Councilman Zemel said they should first find out if they are going to build the tank. Ms. Stuurmans replied the tank has to be built. Councilman Zemel commented that the location was pre-set at the last meeting by the Vice Mayor's Motion, and Councilman Zemel said he had assumed that would be a temporary location till they could look into it and see where the location actually should be. Councilman Kravitz said Item #20 will bring up the location of the Storage Tank, and there is a change contemplated according to the City Planner covering the same property, and he suggested continuing with Council Reports and go into #20, they will be covering #3 at the same time. Mayor Falck said the discussions as they relate to Item #20and Item #3 will be combined. -26 9/23/81 /lc L REPORTS 43. City Council. Councilman Zemel - No Report. Councilman Kravitz - On behalf of himself and the Welcoming Committee Councilman Kravitz thanked the Mayor and Council and the City Manager for the cooperation the Committee has had for all of the new residents. He said that the people who were in attendance seemed to be very pleased and as liaison and an honorary member of the Committee, he stated that he is pleased and hopes that in the future they can continue in that vein and improve as much as possible. Councilman Kravitz asked that Council, or anyone who would help with suggestions, will be appreciated. Also, he commented that he is elated that the Chamber of Commerce is not only involved, but the President of the Chamber has been elected by Council to serve as a member of the Welcoming Committee. Councilwoman Massaro - Commented concerning the growth of plants and s ru s etween t e curbs and sidewalks and suggested the City Engineer might want to look into the matter. Also, Councilwoman Massaro ques- tioned whether the City should request the County to do something about the growth. Marjorie Kelch, representing Mainlands 1 & 2 told Council that the crossing by Sunshine Plaza opposite Mainlands Drive has planting in the median where it curves at the main entrance and a person crossing the street can not see approaching traffic. Mrs. Kelch stated that the residents of Mainlands 1 & 2 would like to have the trees removed. from that location. Mayor Falck commented the plantings in the medians at the present time are not what the City approved when the beautification plans were submitted. He said that low-level planting was specified, and what is presently in that median is not doing the job that was desired at the time the Council agreed to the beautification for that area. Vice Mayor Disraeli - Reported that on October lst the Broward Delegation is holding a meeting and is asking for suggestions from the Cities. With the permission of Council, the Vice Mayor said he would like to attend that meeting and appeal once again for the annexation of the two pieces of property that had been previously discussed. Council agreed that the Vice Mayor should attend the Meeting.and make another appeal for the annexation of those pieces of property. Mayor Falck - Discussed a communication that he had sent to Council regarding the Pension Plan Seminar which he had attended. He said he thought that at last a few minor matters have been resolved, and a communication has been received from the supervisory department and the City can now proceed with plans concerning modifications. 44. City Manager - Reported that the week of October 10 - 18 will be the next clean up and pick up week. The locations of the pick-ups will be the same as in the past. Ms. Stuurmans indicated to Councilwoman Massaro that she will research her files to get any new information that m.av have been received from the Department of Transportation concerning the medians, and will go over the material with Councilwoman Massaro prior to their meeting with the D.O.T. 45. City Attorney - No report. TAMARAC UTILITIES & GENERAL ADMINISTRATIVE/FINANCIAL 3. Tract 27 Remote Stora e Tank - Discussion and Possible Action. 20. Recreation Facilities - Discussion and Possible Action on the conceptual master plan for these facilities on Tract 27 and the installation of soccer fields. (Tabled from 9/9/81) SYNOPSIS OF ACTION: 1. Tract 27 Remote Storage Tank: Tabled to 10/14/81 meeting. 20. Recrea- tion Facilities: Tabled to 10/14/81. Developer to come in with proposals. -27- 9/23/81 /lc t C I Mayor Falck announced that Item #20 -the and Item #3 - the Remote Storage Tank are same time. Recreation Facilities being taken up at the The City Planner explained at the previous Council Meeting the Council saw the plan which he placed on the Board. He noted it is a large site and can be well utilized by the City. The question had arisen concerning the final location of the water tank in order to be able to finalize the location of the other facilities. At that time it was suggested there might be a better location on the site for the water tank. Mr. Rubin displayed a rough sketch to show a separate location. Mr. Rubin explained that the water tanktakes up approximately two acres and because of its circular shape the most feasible location is the southwest corner. He said this is desirable because it can have bleachers for the baseball field placed along side of it and recreational housing or snack bars, lockers, etc. to shield the tank from the park. The plan also shows the park can still be utilized, there can be an additional basket ball court and two additional handball courts. The adjacent land owner, F&R Builders, looked at the plan and commented there is a problem that the tank will be shielding some of his buildings from potential view of the park. The City Planner said Mr. Riefs is present at the meeting to work with Council to help find the best site for the water tank. Mr. Riefs also has indicated he has other sites that might be suitable for both uses. The City Planner asked Council if they wished to discuss the specific location before them, or would they wish to set up a Committee to discuss the matter of a potential site with�F & R Builders. Councilman Kravitz indicated he did not know if it is necessary to suggest that a Committee be appointed, unless Council feels it has merit. He said they should first hear what is in store, and why a Committee would even be necessary. At the present time, Councilman Kravitz said, he was opposed to any Committee and felt they should proceed with ..the plan before them. Councilwoman Massaro stated that she was opposed to any Committee and felt if F & R has any suggestions they should be made by them. She noted that Mr. Riefs had made a suggestion previously which was unacceptable because the area is surrounded by water, and would not be a desirable place for the recreation parcel. Councilman Kravitz said he had spent quite a bit of time on the matter, as liaison to Recreation and Parks. He discussed the length of time the subject has been postponed and he said that Council has finally reached a point where there is a plan and they should certainly go ahead and take whatever action Council sees fit. Vice Mayor Disraelly asked the Consulting Engineer what the height of the water tank on Oakland Park Blvd. is, Mr. Nolan estimated it was 32'. Councilman Disraelly commented that he had passed that tank, and there are trees in front of it and it unobtrusive. Councilman Zemel suggested if there is any possibility of moving the tank out of the corner temporarily voted,on, it be given considera- tion. Councilman Kravitz said the sketch shows the location as an- other corner. Councilman Zemel said if they would work towards a plan where the tank would be in an area such as the rough sketch before them, they could proceed to make a decision on the tank and on the recreation facility. Marty Reifs, Project Coordinator for F & R Builders said he recognized the time that had been put in on the park and the location of the water tank, however he said the location of the tank where it abuts the F&R property only came to his attention that day. He said he would like an extension of time so his company can review the matter. Mr. Reifs indicated there are some alternatives which would include a "land swap" of another piece of land which would not be pie -shaped, which would be in the same tract. Also, he said they would offer . assistance in site planning the park, if given approval for the land swap. Mr. Reifs described the location of the parcel which he said would be off the main arterial road. Also,there is a 12" main running through the street.at the location he proposed. IN:11 9/23/81 /lc Councilwoman Massaro asked the Consulting Engineer what the proposal would mean to the City engineering -wise. Mr. Nolan said he could not answer that question. He said they had analyzed four sites and the most critical part of their determination was the acceptability of the site represented by the drawing concerned off --site work and there was no line work involved. Mr. Nolan said off -site costs of another site would have to be analyzed, and he pointed out the critical thing is to get water to the southern area and the tank is to help now with early development and ultimately fire protection for areas such as Land Section 7. Councilwoman Massaro indicated if another site was considered, there would be a question whether or not F & R wanted to assume liability. for the cost of analyzing the site, since Council has already made a judgment. Mayor Falck inquired if Mr. Reifs was suggesting exchanging one whole area for another, Mr. Reifs said he was, and the amount involved is 20.6 acres as far as the present park site is concerned, and there are additional items which he would like to have considered. Mr. Reifs said he felt to place the storage tank at the location being considered would be a significant devaluation of the property which abuts the proposed tank, making it difficult to site plan and to sell units which would view that tank. Mr. Reifs said he thought the first location which was submitted would be better than the one before Council at the present time. The City Planner ekplained the site where the tank was first to be located on 77th Street and Nob Hill and described the surrounding areas. Mayor Falck asked Mr. Rubin what the plus and minuses would be with relation to the two sites. Mr. Rubin said the two locations are on tract 27. Site 1 can be adequately landscaped and the tank can be shielded with architectural treatment. The only potential negative aspect is driving along 100th Avenue from north or south the tank will be visible from half a mile away. Mr. Rubin said from a planning standpoint he felt F & R can design the housing to the west to look away from it and it will not be a detriment to future homes in the area, they will be designed facing west. Mr. Rubin discussed Site 2. He said the plus is that it is completely shielded and located away from the roadway system. He said the homes could be designed to look toward the water on the east, and the homes can be moved to the north and west. If the tank is there, it can be landscaped and the buildings can be placed so they are not looking on to the tank. There would be additional cost for running the lines to Site 2. Councilman Zemel said he is not concerned with costs, he is concerned with people. Vice Mayor Disraelly asked what effect as far as fire and otherwise would result for going into the other corner on the plan that has been presented by Mr. Rubin. Mr. Nolan said the lines would have to be built to connect with proper distribution system, but they are not talking off -site costs. That is,improvementswithin the site are less expensive than improvements in rights of way. Mr. Nolan said the same problems exist with any site. With regard to the location at 77th Street and 100th Avenue, from a construction standpoint, Mr. Nolan said there is far less pipe involved to tie to the mains at the first location discussed: Mr. Reifs inquired as to the engineering costs of finding out if the site he proposed is suitable. Mr. Nolan said probably a couple of hours of the Engineer's time and an hour or more computer time. Probably $200. Mr. Reifs said they would pay that $200. to determine whether that Tract 30 is suitable for a land swap for the site of the storage tank. Mr. Rubin commented that even if they did exchange the land, the problem of location of the tank on the new site would be almost identical to the present problems. Councilwoman Massaro suggested that F & R offer the City the whole site instead of cutting it off. Mr. Riefs replied that the whole site is 36 acres. Vice Mayor Disraelly inquired if they are interested in Tract 27 and the determination was to be if the tank should be in the lower left or upper right corner, the location of the soccer fields would be roughly the same. The location of the tennis courts also the same. -29- /9/23/81 /lc J Vase Mayor Disraelly inquired if they could reconsider locating the soccer fields now so that they can go ahead with that phase, and the tennis courts, and worry about the location of the water tower in the next month or so. Mr. Rubin replied that he would go back to plan 1 and use that location and that way if the tank goes to the west there is room for it, or otherwise the handball courts and other facilities. Only feet are involved, and the soccer field could be started. Mr. Riefs said he would like to review a situation where a swap could be considered for just the storage tank itself, which would not require twenty acres. That would be a third alternative which would have to be reviewed by the Consultant Engineers. Mr. Riefs said he would request that Council not make a decision in reference to the site of the tank at the present meeting because of the alternatives that have been discussed. Councilwoman Massaro saia. that she l'?P, nnnnser, to mnzri_na fnT-ward with anything until such time as the question is resolved. She said she saw nothing wrong with reviewing Mr. Rief's suggestions, however those proposals could have been made previously. Mayor Falck agreed, he said he would like to see in 1 - 2 - 3 order what the different proposals are. Mr. Riefs commented that the last he knew about the matter was the vote Council had taken locating the storage tank at 77th Street and 100th Avenue. He had just learned that a revision of the site plan indicated the storage tank was located in another section. Mayor Falck inquired if Mr. Reifs said he did not have too much problem with the first proposal, Mr. Riefs said if Mr. Nolan said that Tract 30 was not feasible for the storage tank, and if making a swap just for the storage tank is not feasible, then he would submit that the location should be back where it was originally, with proper landscaping. Mayor Falck said F & R should come in with all proposals so Council can consider what they have today and what will be presented. There is no other way an intelligent decision that is right for everyone can be made. Mr. Rubin suggested all information be finalized before Council meets so Staff can make recommendations and finalize all plans so.Council will :have a package to decide on before the Meeting. Mr. Bob Washburn, Soccer Club, stated that he believes that the Park would be an asset to the developer no matter where the park is placed, as an attraction to sell homes and that type of thing. Mr. Washburn commented on that basis the developer will be planning to actually improve the land and put in housing within the next four to six months. Further, Mr. Washburn said since Council is going; to listen to suggestions from the developer, perhaps the developer might have some ideas since they have facilities for heavy equipment, grading and that type of thing. How they might be able to assist the City in proceeding with the park, they have more expertise in that sort of thing than the City has. Councilwoman Massaro noted she has suggested the developer tell the City what else they are going to do besides asking for a swap:. Mr. Hirsch, resident, questioned the location of the soccer fields. Councilwoman Massaro told him they would be at 100th Avenue and 77th Street. Mr. Hirsch commented there are no families or children in that area and there is no reason to put a park there. He questioned why the soccer field could not be placed where the children live. Councilwoman Massaro replied they must place it where the City has land. Mr. Hirsch questioned that, he said the City could swap land with someone. He discussed the inconvenience for the senior citizens with the traffic that will be created between the supermarkets on both ends, and it will not be good for the children on bikes to go to the soccer field. Mr. Hirsch said the important thing to relocate is the soccer field. He also questioned why the water tank was not being placed in the area behind Don Carter's Lanes as originally planned. Councilwoman Massaro pointed out that the Consultant Engineer matte the decision... that is the place for it because of what it will do for the area. Mr. Hirsch said all that would be necessary is to put extra pipes in for water, and it will still draw the water from behind Don Carters where it was originally supposed to be. -30- 9/23/81 /lc ftelloom Mr. Hirsch repeated it is doing the children an injustice to make them travel four miles to a soccer field. He asked that Council reconsider the location of the soccer field. Councilwoman Massaro MOVED that the Item be TABLED until the next regular meeting at which time the developer, F & R, will come in with their proposals one week before that meeting and if the have not done this at the time of the meeting Council will move forward with the project in whatever way Council decides is best. Also, all engineering costs must be borne by F & R or the Engineer is not to perform any work that will add to the cost of the Engineering in connection with their proposals. Councilman Zemel SECONDED the Motion. The President of the Tamarac Soccer Club stated that they support the Council all the wav and support the motion as it stood before and still appreciate their going ahead with the Park. Mayor Falck said the Council is trying to get the best possible location that will be beneficial to the majority of the people. He said he saw no objection to the location, and indicate.: 1,.e appreciated Council moving forward with the park. Tony Nolan, Consultant Engineer, requested that the Council allow him to bill the City for the time that he would spend and in turn the City bill the developer. Council agreed, and indicated the work should be done through the City Engineer's office. Mr;. Reifs agreed to accept the responsibility for the cost of the alternatives they would be proposing with regard to the engineering cost which would be prepared by Tony Nolan. ALL VOTED AYE. The Meeting was Adjourned at 4:45 P.M. `w. MAYOR ASSISTANT CITY CLERK This public document was promulgated at a cost of $ c�/a or $ 8.00 per copy, to inform the general public an public officers and employees about recent opinions and considerations by the City Council of the City of Tamarac. APPROVED BY CITY COUNCIL ON. -31- 9/23/S1 /lc