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HomeMy WebLinkAbout1983-10-26 - City Commission Regular Meeting Minutesuw°rzr�,, n OlTl�p P.O. BOX 25010 'T'AMARAC, FLORIDA 33320 CITY OF TAMARAC, FLORIDA CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY, OCTOBER 26, 1983 CALL TO ORDER: 9:30 A.M. ANNOUNCEMENTS OF TIME ALLOCATIONS - MOTIONS TO TABLE - The Chair at this time will announce those items which have been given a specific time to be heard, and will entertain motions from Council members to table those items which require research. Council may agendize by majority consent matters of an urgent nature which have come to Council's attention after publication. PRESENTATIONS AND AWARDS 1. Em to ee Service Awards - Presentation by City Manager Stuurmans of a ten-year pin to Walter Harmuth of the Police Department, and five-year pins to Marie Eney, Police Depart- ment, and Robert Hurley, Recreation Department. BOARDS AND COMMITTEES 2. Recreation Board - Temp. Reso. #2890 - Discussion and possible action to appoint one member to this board. 3. Welcoming Committee - Discussion and possible action on: a Acceptance of resignation of David Korn. b) Announcement of one vacancy on this committee. If anyone is interested in serving on this committee, please contact the City Clerk's office for an application. 4. Board and Committee Members - Report from City Attorney on clarification as to whether non-residents are permitted to serve on boards and committees. CONSENT AGENDA 5. Items listed under Item #5, Consent Agenda, are viewed to be routine and the recommendation will be enacted by one motion in the form listed below. There will be no separate dis- cussion of these items. If discussion is desired, then the item(s) will be removed from the Consent Agenda and will be considered separately. a) Minutes of 9/14/83 - Regular Meeting - Approval recommend- ed by City Clerk. b) Minutes of 9/20/83 - Joint Special Meeting with Planning Commission - Approval recommended by City Clerk. c) Minutes of 9/26/83 - Budget Hearings (7:00 p.m.) - Approval recommended by City Clerk. d) Alan F. Ruf -, Consulting City Attorney - 10/21/83 $2,619.00 - Approval recommended by City Attorney. 10/26 - Pg. 2 Presentations made except Mara Eney, held for future meeting. 10/26 - Pg. 3 !TABLED to 11/9. 10/26 - Pg. 4 a) Resignation accepted. b) Announcement made. 10/26 - Pg. 4 Report by City Attorney - no non-res. applic. until Wk Shop Mtg to discuss. 10/26 - Pg. 5 a) through 1) and n) APPROVED. PAGE TWO e) Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick, P.A. - Labor Counsel - 10/5/83 - $698.00 - Approval recommended by City Manager. f) Shailer, Purdy & Jolly - Counsel for contraband for- feitures - Services for September, 1983 - $136.47 - Approval recommended by City Attorney. g) Florida League of Cities - Dues for 10/l/83 through 9/30/84 - $1,839.61 - Approval recommended by City Manager h) Finance Department Surplus Equipment - Computer Power Purifier - After solicitation of bids, and no bids being received, authorization to allow the City Manager or her designee to advertise and sell on the open market at any reasonable offer in accordance with Code Section 9-37(8). i) Tamarac Wildlife Preserve - Authorization to Williams, Hatfield & Stoner, Inc., to prepare a survey of this property at a price not to exceed $2,200.00. j) Tamarac Park - Lighting of additional ballfield -- Author- ization to go to bid, including, if necessary, lighting consultant services. k) Proposed purchase of Colony West Executive'Golf Course - Approval to remove this item from the agenda (tabled from 1/26/83). 1) Engineering Services in connection with Utilities East - Approval to remove this item from the agenda (tabled from 9/14/83). m) Investment Committee - Appointment of Two Members - Approval to extend the tabling action to a future meeting (tabled from 10/12/83). n) Special Assessment for Southgate Gardens Condominium and Cardinal Industries Property - Approval to extend the tabling action to the 11/23/83 Council meeting (tabled from 10/12/83). GENERAL ADMINISTRATIVE/FINANCIAL 6. Bid Award - Utilities West - Discussion and possible action to award bids for the following: a) Annual requirement of chlorine - Temp. Reso. #2887. b) Annual requirement of bulk pebble quicklime - Temp. Reso. #2888. c) Annual grouting chemical requirements - Temp. Reso. #2889. m)10/26 - Pg.15 REMOVED from Agenda, Pg. 5 Pg. 15 - Temp. Reso. #2908 APPROVED. 10/26 - Pg. 6 a)b)&c) APPROVED. 7. Bid Award - mess Creek Commons - Discussion and possible 10/26 - Pg. 1 action to award a bid for the installation of fixed pier boat TABLED to 11/9. slips, docks and gangway - Temp. Reso._#2894. 8. Surplus Equipment - Temp. Reso_._#2895 - Discussion and pos- _ g sible action to declare certain law books as surplus equipment APPROVED. 6 and authorizing the City Manager to seek bids for the sale thereof. 9. Pro osed Ambulance Pro ram - Temp. Reso. #2897 - Discussion and possible action to approve the concept. 0. Widening of University Drive Temp. -Reso. # 2891 Discussion and possibleaction urging a meeting of state, county and local transportation and elected officials to finalize a method of obtaining funds for widening University Drive. 11. Eastern Portion of Tamarac - Temp. Reso. #2886 - Discussion and possible action to urge the Board of Broward County Commissioners to change the land use designations of two pro- posed amendments to the Unincorporated Land Use Plan from Community Facility to Office Park. 10/26 - Pg. 15 APPROVED concept AUTHORIZATIOn to Droceed. Rranted 10/26 - Pg. 18 APPROVED, as amended. 10/26 - Pg. 7 APPROVED, with condition. PAGE THREE 12. Fire _and _Rescue Service - Temp._ Reso. #2896 - Discussion and possible action opposing consolidation of fire and rescue services under the jurisdiction and control of Broward County 13. _ rowar _ea u_e_ o CitiesBus _ iness.- Discussion and possible __. action. LEGAL AFFAIRS 14. Swales - Discussion and possible action concerning Ordinance 83-37 which prohibited placement of certain objects within this area. PUBLIC HEARING - 2:00 P.M. Development Rezoning_ Petition nn #1 4_ -Z-83 - Temp. Ord. #1064Discussion and possib1e action to rezone Woodmont Tract 74/75 Recreation Area #2 located at the north- east corner of the development and on the south side of NW 78 Street, from R-3U (Rowhouses) to S-1 (Open Space/ Recreational). Second Reading. a) Acceptance of Affidavit of Publication and Affidavit of Posting. b) Consideration of application. COMMUNITY DEVELOPMENT 16. Patio Homes at Fairmont - Model Sales Facility - Discussion and possible action to renew a model sales permit (tabled from 9/28./83) . 17. Woodmont Tract 59 - Discussion and possible action on: a Disposition of a performance bond - Temp. Reso. #2892. b) Acceptance of a Bill of Sale for water distribution and sewage collection system improvements - Temp. Reso.#2893. 10/26 - Pg. 17 APPROVED. 10/26 - Pg. 8 Rept by Mayor Falck & C/M Kravitz. 10/26 - Pg. 8 City Attorney to prepare new Ordinance to amend #83--37. 10/26 - Pg. 13 a) ACCEPTED. b) APPROVED on Second & Final Reading. 10/26 - Pg. 2 TABLED for one month. 10/26 - Pg. 17 a) NOT PASSED. b) TABLED to 11/9. 18. Northwood II - Bond Release - Temp. Reso_. #2901 - Discussion 10/26 - Pg. 10 and possible action to release a cash performance bond posted APPRCVED_ for public improvements. 9. Lakeside Apartments/Lakeside Plaza - Discussion and possible _ action on: a) Acceptance of a drainage easement - Temp. Reso. #2904. b) Vacation of a road right-of-way on the west side of State Road 7, at the north City limit line, adjacent to these projects - Temp._ Ord._ #1071. First Reading. 10/26 - Pg. 7 a) APPROVED. b) APPROVED on First Reading. 20. Woodmont Tract 71 (Golf Pointe) - Revised Site Plan - Temp?. 10/26 - Pg. 2 Reso. #2905 - Discussion and possible action to approve a TABLED to revised site plan for a community pool on Lot 37 (at the 11/9. corner of N.W. 84 Terrace and N.W. 83 Avenue). 21. Mainlands Center - Bond Release - Tem Reso. #2899 - Dis- 0/26 - Pg. 10 cussion and possible action to release a warranty bond posted PPROVED. for public improvements. 22. Tamarac Lakes North - Temp. Reso. #2900 - Discussion and pos- 0/26 -Pg. 11 sible action to accept an electric utility easement offered PPROVED. by Tamarac Enterprises, Inc. 23. Discussion and possible action to grant an extension o e ens urniture Company Sign Waiver Temp_.,Reso. #2902 -0/26 - Pg. 1l f d OPROVED for sign waiver for a ground directional sign west of the ne year. entrance driveway at 3801 W. Commercial Boulevard. PAGE FOUR 24. Fairways III - Warranty Bond - Temp-. Reso. #2903 - Discussion 10/26 - Pg. 11 and possible action concerning disposition of a warranty bond.REMOVED from Agenda. 25. Garfinkel Professional - Discussion and possible 10/26 - Pg. 13 _Building action on a request for refund of certain development fees APPROVED. (tabled from 10/12/83). 10/26 - Pg. 13 26. Col)ny West Country Club - Barricades adjacent to maintenance HELD for mtg on road - Status report, and discussion and possible action. 11/9 with DOT. 10/26 - Pg. 14 27. Drainage Improvements in the Cit - Discussion and possible No action taken; a c t i o n. report to be prepared by REPORTS Public works 28. City COunci 1 Director. g-1 8 29. City Manager Re orts iven. 10/26 - Pg. 18 30. City Attorney No report. 10/26 - Pg. 18 City Council may consider such other business as may come before Report given. it. Pursuant to Section 286.0105, Florida Statutes, 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 evidence upon which the appeal is based. CITY OF TAMARAC Carol A. Evans Assistant City Clerk Following are the residential and commercial zoning districts in the City: R-1 - Single Family Residence B-2 - Planned Community Business R-lB & B-3 - General Business R-IC - One -Family Dwelling B-5 - Limited Business District R-2 - Two -Family Dwelling B-6 - Business District RD-7 - Two -Family Dwelling S-1 - Open Space/Recreational R-3U - Row House I-1 - Institutional ' R--3 - Low Density Multiple Dwelling M-1 - Light Industrial RM-5 - Residential Multi -Family M-2 - Medium Industrial Dwelling A-1 - Limited Agricultural RM-10 - Planned Apartment A-5 - Agricultural/Excavation R-4A - Planned Apartment T-1 - Trailer Park District R-5 - Motel/Hotel B-1 - Neighborhood Business 10/26 - Pg. ;2 31. Proclamation.for Barry Stanger - Discussion and possible action. Proclamation 32. Proclamation for the Tamarac Lions Club -- Discussion and possible action. resented. 10/26 - Pg. Proclamation 33. Annual Purchase of Police Vehicles - Discussion and possible action. resented. 10/26 - Pg. APPROVED purc;h 34. Discussion Re ardin the Future A ointments to the Bur tar Alarm ^ommittee- of 8 vehicles. 10/2.6 Pc 3. Discussion and possible action.Appointments to be made at 11/9 Pptinn_ CITY OF TAMARAC, FLORIDA REGULAR CITY COUNCIL MEETING October 26, 1983 Tape CALL TO ORDER: Mayor Walter W. Falck called the meeting to order on 1 Wednesday, October 26, 1983, at 9:30 A.M. in the Council Chambers. ROLL CALL: PRESENT: Mayor Walter W. Falck Vice Mayor Helen Massaro Councilman Philip B. Kravitz Councilman David E. Krantz Councilman Jack Stelzer ALSO PRESENT: Laura Z. Stuurmans, City Manager Jon M. Henning, City Attorney Carol A. Evans, Assistant City Clerk Patricia Marcurio, Secretary MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Falck called for a Moment of Silent Meditation followed by the Pledge of Allegiance. Mayor Falck greeted those present and reviewed the time allocations on this day's agenda. PROCLAMATIONS Proclamationfor or Bar L Stanger - Discussion and possible action. ,_ SYNOPSIS OF ACTION: Agendized by Consent. See Page 2 . V/M Massaro MOVED that the proclamation for Barry Stanger Days be Agendized by Consent, SECONDED by C/M Stelzer. VOTE: ALL VOTED AYE 32. Proclamation for Tamarac Lions Club - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. (See Page 3). V/M Massaro MOVED that the proclamation for the Tamarac Lions Club be Agendized by Consent, SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE GENERAL ADMINISTRATIVE/FINANCIAL 33. nnua urc ase o o 1 ice Vehicles - action. SYNOPSIS OF ACTION: Agendized by Consent See Page . Discussion and possible C/M Stelzer MOVED to Agendize.by Consent the purchase of police vehicles, SECONDED by V/M Massaro. VOTE: ALL VOTED AYE 7. Bid Award - Cypress Creek Commons - Discussion and possible action to award a bid for the installation of fixed pier boat slips, docks and gangway - Temp. Reso. #2894. SYNOPSIS OF ACTION: TABLED to the 11/9/83 meeting at the request of the City Manager. 10/26/83 /pm V/M Massaro said the City Manager has requested that this Item be TABLED to the 11/9/83 meeting and she so MOVED, SECONDED by C/M Stelzer. VOTE: ALL VOTED AYE COMMUNITY DEVELOPMENT 16. Patio Homes at Fairmont - Model Sales Facility - Discussion and possible action to renew a model sales permit (tabled from 9/28/83). SYNOPSIS OF ACTION: TABLED for one month at the request of the applicant. V/M Massaro MOVED that this Item be TABLED for one month at the request of the applicant, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE _ _ _ 5 71 (Golf Pointe) - Revised Site Plan - Temp. 0. Woodmont Tract _ Reso. #290 ...- Discussion and possible action to approve a revised site plan for a community pool on Lot 37 (at the corner of NW 84 Terrace and NW 83 Avenue). SYNOPSIS OF ACTION: TABLED to the 11/9/83 meeting at the request of the applicant. V/M Massaro MOVED to TABLE this Item to the next regular meeting at the request of the applicant. SECONDED by C/M Stelzer. VOTE: ALL VOTED AYE PRESENTATIONS AND AWARDS I. Employee Service Awards - Presentation by City Manager Stuurmans of a ten-year pin —To —Walter Harmuth of the Police Department, and five-year pins to Marie Eney, Police Department, and Robert Hurley, Recreation Department. SYNOPSIS OF ACTION: Presentations were mace anc presentation to Marie Eney was held for a future date. The City Manager said Marie Eney of the Police Department was on vacation and would receive her pin at a subsequent date and she presented a ten-year pin to Walter Harmuth of the Police Department. V/M Massaro commended Sergeant Harmuth for his participation on the Burglar Alarm Committee. The City Manager presented a five-year pin to Robert Hurley of the Recreation Department and Sharon Ellis intro- duced members of the Recreation Department to Council. V/M Massaro commended Sharon Ellis and the members of the Recreation Department for the beautiful condition of the park. 31. Proclamation_ for Barry^ Stanger - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. See Page 1). The proclamation was presented. Mayor Falck referred to an article which appeared in today's issue of the West Section of the Fort Lauderdale News, entitled "Tamarac Rallies Around Comatose Accident Victim". He read the proclamation designating 10/26/83 through 10/31/83 to be "Barry Stanger Days" into the record and presented this to volunteers present. - 2 - 10/26/83 /pm 32. Proclamation for the Tamarac Lions Club - Discussion and pos- sible action. SYNOPSIS OF ACTION: Agendized by Consent. See Page I). The proclamation was presented. Mayor Falck commended the Tamarac Lions Club for their contribution of eyeglasses to needy children and adults. He read the proclamation into the record designating the month of November as "Tamarac Lions Club White Cane Month" and presented same to representatives of the Tamarac Lions Club. GENERAL ADMINISTRATION/FINANCIAL 33. Annual Purchase of Police Vehicles - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. See Page 1 . APPROVED authorization to purchase(8) 1984 Chevrolet Impala Police Package vehicles. City Manager Stuurmans said they are asking Council to authorize the purchase of eight (8) 1984 Chevrolet Impala Police Package vehicles at a unit price of $10,914.15 (total.$87,31.3..20) with Federal Revenue Sharing Funds via Broward County Sheriff's Office bid award (Gary Fronrath was the lowest bidder). V/M Massaro said this has been budgeted for and would be a saving to take advantage of this bid package of the County and she MOVED that the request be APPROVED to purchase these vehicles through the County plan, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE BOARDS AND COMMITTEES 34. iscussion tfq_arding the Future A ointments to the Burglar Alarm Committee - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. Appointments to be made at the 11/9/83 meeting. C/M Kravitz MOVED to Agendize by Consent discussion and possible action concerning the Burglar Alarm Review Committee to appoint members. V/M Massaro said she objected to this item being agendized since this was just submitted this morning and the applications were signed by a clerk under C/M Kravitz's instructions. C/M Kravitz stated that this would be agendized for the 11/9/83 meeting and V/M Massaro said she had no objection then and she SECONDED the MOTION. VOTE: ALL VOTED AYE C/M Kravitz MOVED to consider the appointments to this committee at the 11/9/83 meeting, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 2. Recreation Board - Temp. Reso. #2890 - Discussion and possible action to appoint one member to this board. SYNOPSIS OF ACTION: TABLED to the 11/9/83 meeting for review of further applications. Jon Henning read the Resolution by title and C/M Kravitz MOVED to TABLE this Item for the 11/9/83 meeting for further input from the Recreation Director and the Committee, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE - 3 - 10/26/83 /pm 3. Welcoming Committee - Discussion a) Acceptance of resignation of b) Announcement of one vacancy o SYNOPSIS OF ACTION: aT Resignation was accepted. b) Announcement of vacancy was made. and possible action on: David Korn. n this committee. C/M Kravitz MOVED that Council ACCEPT the resignation of David Korn and he announced the vacancy on this committee to be filled at the 11/9/83 meeting. SECONDED by V/M Massaro. VOTE: ALL VOTED AYE Board and Committee Members - Report from City Attorney on clar- ification as to whether non-residents are permitted to serve on boards and committees. SYNOPSIS OF ACTION: Report by City Attorney. Until a Workshop Meeting is held, all future applica-- thenEiiyall be only from residents of Jon Henning said he submitted a memorandum to the Council dated 10/24/83 and he has not had an opportunity to review the opinions of some other City Attorneys. He referred to an article which appeared in the Fort Lauderdale News/Sun Sentinel dated 10/14/83 which had a paragraph referring to Jim Lew who had resigned from the Recreation Board. He said the letter of resignation was a lengthy editorial about the Committee and the paragraph in the article said, "Mr. Lew recently moved out of the City but that would not have forced him to resign from the Committee according to City Attorney Jon Henning". He sdi'd it states in the Charter that certain committees may have residents as members. He stated as an example the Beautification Committee in which the Charter, in Section 6-3 states specifically, "that residents of the City or the principal operators or their spouses may serve on this Committee". He said this is an exception. Mr. Henning stated that the Council has a policy of only appointing residents and he finds no fault with that and it is legal. He said whether or not it is spelled out in the Code, Council is on firm ground to make their appointments based on residency. He said no one has a right to serve on a Committee, it is a privilege that Council grants them. He said the Code does not say that they must be residents' and the Charter states that whenever possible members of committees should come from each district. V/M Massaro referred to Mayor Falck's memo of 10/20/83 in which he expressed his opinion that non-residents involvement on Committees is not as helpful since their concerns are not necessarily those of the residents. She concurred with this. She MOVED that until such time as a Workshop is scheduled, all appointments are to be made within the residents of this City. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE CONSENT AGENDA 5. Consent Agenda a) Minutes of 9/14/83 - Regular Meeting - Approval recommended by City Clerk. b) Minutes of 9/20/83 - Joint Special Meeting with Planning Commission - Approval recommended by City Clerk. c) Minutes of 9/26/83 - Budget Hearings (7:00 p.m.) - Approval re- commended by City Clerk. - 4 - 10/26/83 /pm d) Alan F. Ruf - Consulting City Attorney - 10/21/83 - $2,619,00 - Approval recommended by. City Attorney. e) Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick, P.A. - Labor Counsel - 10/5/83 - $698.00 - Approval recommended by City Manager. f) Shailer, Purdy & dolly - Counsel for contraband forfeitures - Services for September, 1983 - $136.47 - Approval recommended by City Attorney. g) Florida League of Cities - Dues for 10/1/83 through 9/30/84 - $1,839.61 - Approval recommended by City Manager. h) Finance Department Surplus Equipment - Computer Power Purifier - After solicitation of bids, and no bids being received, authoriza- tion to allow the City Manager or her designee to advertise and sell on the open market at any reasonable offer in accordance with Code Section 9-37(8). i) Tamarac Wildlife Preserve - Authorization to Williams, Hatfield & Stoner, Inc., to prepare a survey of this property at a price not to exceed $2,200.00. j) Tamarac Park - Lighting of additional ballfield - Authorization to go to bid, including, if necessary, lighting consultant services. k) Proposed purchase of Colony West Executive Golf Course - Approval to remove this item from the agenda (tabled from 1/26/83). 1) Engineering Services in connection with Utilities East - Approval to remove this item from the agenda (tabled from 9/14/83). m) Investment Committee - Appointment of Two Members Approval to extend the tabling action to a future meeting (tabled from 10/12/83) n) Special Assessment for Southgate Gardens Condominium and Cardinal Industries Property Approval to extend the tabling action to 11/23/83 Council meeting (tabled from 10/12/83). SYNOPSIS OF ACTION: APPROVED Items a through 1 and n), m) Investment Committee Appointments - Removed for discussion. Action was held for the afternoon. (See Page 15). C/M Kravitz asked to remove Item m) for discussion and he MOVED to APPROVE Items a) through 1) and n), SECONDED by V/M Massaro. VOTE: ALL VOTED AYE m) C/M Kravitz said the activities of this Committee should not be delayed beyond the 11/9/83 meeting. Ray Munitz, member of this Committee, said with only three members they are limited to input and they are awaiting a full Committee. He suggested the 11/9/83 deadline be held to and if they do not receive applications from qualified people, then the Committee should be authorized to proceed with only three members. Mayor Falck said minutes have been prepared for all meetings that have been held and they have agreed to attend the Pension Board meetings when their recommendations will be developed as a result Tape of this Committee. 2 Jon Henning suggested discussing this further this afternoon since any changes should be shown on the Resolution since the Resolution presently allows for five members. He will have this prepared for later in the day. 5 10/26/83 /pm GEN_E.R.AL. ADMINISTRATIVE/FINANCIAL 6. Bid Award - Utilities West - Discussion and possible action to award bids for the following: a) Annual requirement of chlorine - Temg._ Reso. #2887. b Annual requirement of bulk pebble quicklime Temp._Reso. #2888. — c) Annual grouting chemical requirements - Temp. Reso_._#2889. SYNOPSIS OF ACTION: RESOLUTION NO. R 93-,29,6 PASSED. a), b and c APPROVED RESOLUTION NO. R- 8,3r PASSED. RESOLUTION NO. R- g3 ..� PASSED. a) Jon Henning read the Resolution by title and City Manager Stuurmans said this is essential for the operation of the utility and staff is recommending the award to the low bidder, Allied Universal Corp. in the amount of $259.00 per ton, estimated total of $47,915 on an annual basis. C/M Kravitz MOVED to ADOPT Temp. Reso_. #2887 awarding the bid for the annual requirement of the chlorine estimated 185 one ton cylinders, Bid #83-19. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE b) Jon Henning read the Resolution by title and City Manager Stuurmans said staff has recommended the award to Allied Products Co. in the amount of $71.06 per ton, estimated total amount for the year of $106,590. She said there is,for the record, a difference of $.06 between the vendor being recommended and a second vendor but the City has been buying this commodity from Allied Products for the past year and their servcies are reliable and there is advantage in maintaining the same vendor for several products purchased for the Utility. C/M Kravitz MOVED to ADOPT Temp._Reso_._ #2888 awarding the bid for the annual requirement for the bulk pebble quicklime, Gid #063-18. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE c) Jon Henning read the Resolution by title and City Manager Stuurmans said staff has recommended the award to Avanti International, who is low bidder, at the price of $2.59 per pound, 99% TEA 0 $9.00 per gallon, AP @ $.80 per pound with a total annual price estimate of $26,010. C/M Kravitz MOVED to ADOPT Temp. Reso. #2889 awarding the bid for the annual grouting chemical to Avanti International, Bid #83-17. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 8. Surplus Equipment - Temp. Reso. #2895 - Discussion and possible action to declare certain law books as surplus equipment and authorizing the City Manager to seek bids for the sale thereof. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R- 83 mod'$ PASSED. Jon Henning read the Resolution by title and he thanked the City Clerk's office for assisting him in drafting this Resolution. He referred to a list he previously distributed to Council, naming the books which will appear in the advertisement: The American Law Report Series - ALR - First ALR - Second ALR T Second (Later Case Series) ALR - Second Digest ALR - Third ALR - Fourth ALR - Federal The American Jurisprudence - Second (An Encyclopedia of National Law) - 6 - 10/26/83 /pm Mr. Henning said he is asking for exchange or possible sale of the Southern Digest to be exchanged for a Florida Digest and to change publications on the United States Federal Code from the Lawyer's Edition Publication to the West Publishers. He said they are all treatise or encyclopedia except for the Digest, which is a summary of cases, of which a more restricted set is needed. He said a Federal Law set is helpful if the books are from the same publisher and can be cross-referenced. He said he has not requested an increase in the maintenance of the Law Library in this year's budget in anticipation of cutting back in this area. He said he felt it would be best to sell these since they are not out-of-date or obsolete and he intends to have this advertised with the League of Cities, the Florida Law Journal and this should be advertised for a month or so to obtain interested replies. C/M Kravitz MOVED to ADOPT Temp. Reso. #2895 declaring certain law books as surplus and authorizing the City Manager to seek bids for the sale thereof. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 11. Eastern Portion of Tamarac - Temp Reso. #2886 - Discussion and possible action to urge the Board of Broward County Commissioners to change the land use designations of two proposed amendments to the Unincorporated Land Use Plan from Community Facility to Office Park. SYNOPSIS OF ACTION: APPROVED as conditioned. RESOLUTION NO. R ,?3-,7- I PASSED. Jon Henning read the Resolution by title and Mayor Falck said there are three parcels of land on Prospect Road adjacent to the school and the Boulevard Section at 28th Avenue directly across from the North Section at that same location. There are petitions to change these Land Use designations to "Industrial" which the City feels would adversely affect the lifestyle of these people there. He said the City is proposing that the County Commission consider the adoption of the necessary legislation that will enable them to request the change to an "Office Park" type of designation. He said he and the City Planner will be attending the public hearings that will be held between now and December and they feel that these Resolutions will be of considerable assistance in presenting the City's case. Mr. Henning said apparently there are two petitions, one covers two Parcels and there are three parcels. Mayor Falck said they will have an additional Resolution before Council once they know the date of the hearing. V/M Massaro asked if this would be sent out now and Mayor Falck said yes. C/M Kravitz MOVED the ADOPTION of Temp_. Reso. #2886 repealing Resolution #R-83-266 and encouraging the Board of� Broward County Commissioners to change the Land Use designations for proposed amendments #3-AC-83 and #4-AC-83 from "Community Facility" to "Office Park" designation on the Unincorporated Land Use Plan. Mr. Henning suggested the Resolution be amended in the last "WHEREAS" striking the word "two" and the figure "2". C/M Kravitz accepted this as part of his MOTION, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE COMMUNITY DEVELOPMENT 19. Lakeside Apartments/Lakeside Plaza - Discussion and possible action on: a) Acceptance of a drainage easement - Temp. Reso. #2904. b) Vacation of a road right-of-way on the west side of State Road 7, at the north City limit line, adjacent to these projects - Temp. Ord.#1071. First Reading. SYNOPSIS OF ACTION:a) APPROVED, RESOLUTION NO. R- ?3 ' PASSED. bF APPROVED on first reading. - 7 - 10/26/83 /pm a) Jon Henning read the Resolution by title and V/M Massaro said this Resolution is needed if the b) portion of this Item is approved because if the City vacates that road right-of-way, the drainage easement is needed. She MOVED the ADOPTION of Temp. Reso_._#2904, SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE b) Jon Henning read the Ordinance by title and V/M Massaro MOVED the ADOPTION of Temp. Ord. #1071 on first reading. SECONDED by C/M Kravitz. Melanie Reynolds, Charter Board member, questioned whether this area is in Land Section 13 or 12 and Mr. Henning said this will be checked before the second reading. VOTE: ALL VOTED AYE GENERAL ADMINISTRATIVE/FINANCIAL 13. Broward League ofCitiesBusiness - Discussion and possible a c t i on . SYNOPSIS OF ACTION: Reports by Mayor Falck and C/M Kravitz. C/M Kravitz said that he was unable to attend the Florida League of Cities meeting and Council has not received any minutes of this meeting. He said the Broward League of Cities will have their next meeting on 11/17/83. C/M Stelzer asked Mayor Falck to give Council input of those proceedings. Mayor Falck said he will furnish Council with a written report on events but he said he was reelected to the League Board and he hopes to serve on the Legislative Committee this year. He said most discussion concerned Proposition #1 and an effort was made to develop an educational program on this. He said there was constant reference to a Unitary Tax and most municipalities felt this tax would adversely affect business in the State. They did agree that this matter would be referred to the Board and the Finance and Taxation Committee will have a full report at the January meeting. Mayor Falck said there was a Workshop on Transportation and there were summaries on the Health Program as well as Insurance problems. He said there was discussion on the Pension Plan and the problems involved. He said he will issue a complete report as soon as possible. V/M Massaro said it should be pointed out that these are business and not social meetings and those attending are encouraged to discuss subjects with everyone. Mayor Falck said in addition to the Work Sessions, there were three Board Meetings to attend. Mayor Falck thanked Council for submitting his name in nomination for the Harris Drew Award but they returned his nomination because he is a member of the League Board and cannot be eligible for consideration. LEGAL AFFAIRS 14. Swales - Discussion and possible action concerning Ordinance 83-37 which prohibited placement of certain objects within this area. SYNOPSIS OF ACTION: The City Attorney will prepare an Ordinance amending Ordinance 83-37. - 8 - 10/26/83 /pm Jon Henning said Temp. Ord. #1052 is Ordinance #83-37 which passed second reading on 9/14/83. He said the underlined language is the new language which was added and the language that was not underlined has been in the Code for some time. He said Council is addressing the language that was already in the Code. V/M Massaro said now that the new language has been adopted, the Code Enforcement Officer will have problems with the old language and she wanted Council to study this to determine if it should be amended. In reviewing, she said the sprinkler systems referred to should state, "above -ground sprinkler systems". Mr. Henning said Subsection e) has a list of 7 exceptions and, concerning mailboxes, property owners may place mailboxes in an unpaved public right-of-way when such placement is a prerequisite of mail delivery to their property. V/M Massaro asked Mr. Henning if there is anything further in the Code about signs because there are signs put up by the County everywhere. Mr. Henning said he has to address that. City Manager Stuurmans questioned allowing bus shelters and U.S. mailboxes for the dropping of mail as items to be reviewed as well. V/M Massaro said there is no provision for a Code Enforcement designee and no penalty clause and Mr. Henning said they do not have to provide this in the Ordinance because it would be whomever is designated by the City Manager or Council. V/M Massaro said it should so state. Mr. Henning said the penalty stipulated is $500 and/or 90 days in jail and V/M Massaro said this should be further reviewed. C/M Stelzer said the majority of the homes bordered on roadways have shrubbery against the road for ornamental purposes. He said they can limit the height so that there is no obstruction of the roadway. Mr. Henning said there is a requirement in the Code regarding fence, and hedge height with provision for a setback of 25' from the corner or an intersection. He said the City must be cautious because some areas have sidewalks and curbs and some do not and this Ordinance must be written for everyone. He said, technically, any grassed area on the shoulder of a road between the pavement and the property line would be considered the swale. V/M Massaro said some people plant things so close to the sidewalk that it obstructs the sidewalk and provision should be made in the Ordinance requiring the maintenance of this so that people will not Tape be injured. C/M Stelzer said there is a problem along the entire 3 18th hole at Sabal Palm Golf Course where they have a sidewalk that is used for a bike path along Commercial Boulevard and this is hung over with branches from trees. V/M Massaro said the County placed those Australian Pines there and they had no right to do so because they were already in violation according to the Code at that time. She said it should be in the Code to require them to maintain these trees. She said there are also trees hanging over the street at this location which are a real danger to drivers. Jon Henning said there was a question from the Code Enforcement Officer as to whether it was Council's intention to prohibit the mushroom cap and C/M Stelzer said he specifically stated in his letter that the mushroom caps should be left in as not endangering traffic because they are strictly adeterrent. V/M Massaro said Mr. Henning's language in the Ordinance takes care of this because he specifies "any other sharp edged or pointed...". Max Blum, resident, asked if the mushroom caps must be removed or will be allowed to stay. V/M Massaro said they should be outlawed because to allow them is inviting trouble. She said anything that is not mentioned in the Ordinance is not outlawed. Mr. Blum said concrete blocks are mentioned and he asked for clarification on this. V/M Massaro said if concrete blocks were allowed, the City would expose themselves to positive liability and she suggested they be outlawed. Mr. Henning said in the building trade, CBS or concrete block is the 8 x 10 block used for walls, there are different shapes but the dictionary description would cover mushrooms. - 9 - 10/26/83 /pm Mr. Blum asked if there were a time frame in the Ordinance and Mr. Henning said this is at the discretion of the Code Enforcement Officer. He said it may be prohibitive to an officer if there is a time frame involved and there were an accident, he could be accused of not having given proper warning. This will be consider- ed further by Council. Bernie Hart, resident, said the wording should state any obstacle or concrete marker because there are all types and sizes of concrete blocks. Vickie Beach, resident, said there should be some clarification of what swales are and V/M Massaro said a swale is anything outside of peoples' property lines. John Dunne, resident, asked about the problem of people parking on lawns and C/M Kravitz said he is preparing an Ordinance for this. Emil Beutner, Planning Commission member, asked Mr. Henning if there is a State law that stipulates that no obstruction can be near a road and Mr. Henning said it depends on whether there is an easement there. Vickie Beach said there should be an incorporation of these Ordinances so that Home Associations do not have to enforce laws within developments. Mr. Henning said the City cannot enforce deed restrictions. The City Manager said two examples would be the fence and hedge provision in the City Code and also the antenna provision, because while the City addresses a standard, the deed restrictions have prohibitions. Mayor Falck said Council's philosophy is that Sections will enforce their deed restrictions and the City will enforce Ordinances. COMMUNITY DEVELOPMENT 17. Woodmont Tract 59 - Discussion and possible action on: a Disposition of a performance bond - Temp. Reso._ #2892 b) Acceptance of a Bill of Sale for water distribution and sewage collection system improvements - Temp. Reso. #2893 SYNOPSIS OF ACTION: HELD for discussion later in the day. ( See Page 17) . a) Jon Henning read the Resolution by title and V/M Massaro MOVED the DENIAL of this Resolution 'inasmuch as the City has a Letter of Credit that has been indicated by the Bank of Chicago covering this subdivision bond and extending it for 60 days from 11/9/83. This letter was just received this morning and Council said this will be recessed until they have a chance for further review. 18. Northwood II - Bond Release - Temp. Reso. #2901 - Discussion and possible action to release a cash performance bond posted for public improvements. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-,. < 93--2` 3 PASSED. Jon Henning read the Resolution by title and V/M Massaro said Council has received a letter from the City Engineer indicating that this bond of $500 should be released since the valley gutters have been satisfactorily repaired and she so MOVED. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 21. Mainlands Center - Bond Release - Temp. Reso. #2899 - Discussion and possible action to release a warranty bond posted for public improvements. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R -S3_.f ;?- 9,SPASSED. Jon Henning read the Resolution by title and V/M Massaro said this was a Passbook Bond in the amount of $1,996.75, this was called and the bankbook was cashed and held by the City. - 10 - 10/26/83 /pm V/M Massaro said the work has been completed and she MOVED the ADOPTION of Temp. Reso. #2899, SECONDED by C/M Krantz. vnTF- ALL VOTED AYE 22. Tamarac Lakes North - Temp. Reso. #2900 - Discussion and pos- sible action to accept an electric utility easement offered by Tamarac Enterprises, Inc. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R S'3woZ9(p PASSED. Mr. Henning read the Resolution by title and V/M Massaro MOVED the ADOPTION of Temp. Reso. #2900 accepting an electric utility easement from Tamarac Enterprises, Inc., SECONDED by C/M Krantz. VOTE: ALL VOTED AYE Mayor Falck asked the Assistant City Clerk to see that Mr. Ruf, Consultant City Attorney, receives copies of these documents in connection with the litigation that exists between the North Section and the Boulevard Section. The City Manager said she will ask the City Engineer, through the assistance of FP&L,to try to determine what an equitable back charge to the Association would be and the City would then request reimbursement. Council requested a better copy of the Exhibit from the City Clerk's office. 23. Wellens Furniture Company - Sign Waiver - Temp. Reso. #2902 - Discussion and possible action to grant an extension of a sign waiver for a ground directional sign west of the entrance driveway at 3801 W. Commercial Boulevard. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R- $3 -r.Z`I 7 PASSED. for one year to expire on 10/28/84. Mr. Henning read the Resolution by title and V/M Massaro MOVED the APPROVAL of the extension of the sign waiver for one year to expire on 10/28/84. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 4. Fairways- III Warranty _ Bond - Temp. Reso. #2903 - Discussion and possible action concerning disposition of a warranty bond. SYNOPSIS OF ACTION: REMOVED from the agenda inasmuch as the bond has been extended to 11/30/83. V/M Massaro said the City has an Irrevocable Letter of Credit and they have extended this to expire 11/30/83 and she MOVED the APPROVAL of same. SECONDED by C/M Krantz. The Assistant City Clerk said originally this item was put on to call the bond and she questioned if any action were needed by Council since the bond was extended. V/M Massaro changed her MOTION to state that Item 24 is to be REMOVED from the Agenda inasmuch as bond has been extended to 11/30/83. SECONDED by C/M Krantz. vnTF- ALL VOTED AYE Mayor Falck recessed the meeting to 2:00 P.M. for lunch. 10/26/83 /pm B L A N K PAGE 12 - 10/26/83 /pm Tape MAYOR FALCK CALLED THE MEETING TO ORDER AT 2:00 P.M. AND ALL 4 WERE PRESENT. PUBLIC HEARING 15. Rissman Development Corp. - Rezoning Petition #14-Z-83 - Temp. Ord. #1064 - Discussion and possible action to rezone Woodmont Tract 74/75 Recreation Area #2 located at the northeast corner of the development and on the south side of NW 78 Street, from R-3U (Rowhouses) to S-1 (Open Space/Recreational). Second Reading. a) Acceptance of Affidavit of Publication and Affidavit of Posting. b) Consideration of application. SYNOPSIS OF ACTION: a) Affidavits ORDINANCE NO. 0--83--_Y:.PASSED iccepted. b) APPROVED on Second ind Final Reading. a) V/M Massaro MOVED to accept the Affidavits of Publication and Posting. SECONDED by C/M Kravitz. b) V/M Massaro read the Ordinance by title. Mayor Falck opened and closed the public hearing. V/M Massaro MOVED the adoption of Temp. Ord. #1064 on Second and Final Reading. SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE COMMUNITY DEVELOPMENT 25. Garfinkel Professional Building - Discussion and possible action on a request for refund of certain fees (tabled from 10/12/83). SYNOPSIS OF ACTION: APPROVED refund of fees paid for drainage improvement, drainage retention and final engineering. City Attorney ,Ion Henning stated that he received a memorandum from the Community Development Department itemizing the refundable items as well as those which are not refundable (See Attachment #1). V/M Massaro said the guaranteed revenues are not yet due and it is her understanding that Dr. Garfinkel is in the process of trying to sell the property and he would have to make a decision as to whether he would continue paying the guaranteed revenues. V/M Massaro MOVED to refund the fees paid for drainage improvement, drainage retention and final engineering. The fees that were paid for site plan, schematic engineering and water and sewer are not refundable The City Attorney said he is in agreement with V/M Massaro regarding the items which are refundable and those which are not. C/M Krantz SECONDED the Motion. VOTE: ALL VOTED AYE 26. Colony West Country Club - Barricades adjacent to maintenance road - Status report, and discussion and possible action. SYNOPSIS OF ACTION: Held for meeting of ll 9 83 for meeting between Vice Mayor, City Manager and DOT representatives. V/M Massaro stated that the guardrail requested has been installed on McNab Road. It has been inspected and approved. However, a permit has not been requested and inspection fees have not as yet been paid. She said she feels it was overlooked and a bill should be sent to them. City Manager Stuurmans said it is her understanding that the City was to retain services for the inspection of the property. She said DOT could provide consultation services, if they were willing to do so. She said if it were Council's intention to have the work performed by Williams, Hatfield & Stoner, she is somewhat concerned since the area involved is private property. V/M Massaro said she feels Williams, Hatfield & Stoner would not do the work and will inform the City that a legal question is involved and a determination should be made by the City Attorney. She said the DOT would assist the City in advising what they would do if it were the responsibility of the County. V/M Massaro said she wi-11 contact DOT on the matter, and City Manager Stuurmans said when the determination is made by DOT, the City could relay that information to the property owners, but the City cannot require owners of private property to install more than they wish to. However, the City could put the owners on notice of what the accepted standard would be. V/M Massaro said she will make the arrangements to meet with representatives of DOT and the City Manager, for a discussion of this matter. C/M Stelzer requested that the City Clerk follow this up to see that permit is filed for the guardrail and fees paid for the inspection and the permit. This will be done and the item will be listed on the agenda of the November 9, 1983 meeting, as xeques,ted "by the Mayor. SYNOPSIS OF ACTION: City Manager and Public Works Department are handling drainage problems. A priority report is being prepared by the Public Works Director. 27.Draina2e Imrovement_s in the City - Discussion and possible action v/M Massaro stated that a report is currently being prepared by the Public Works Director covering drainage problems in various areas of the City. The report will determine which of the areas should be given first priority. The Vice Mayor advised that funds are available to correct problems. C/M Kravitz mentioned that he received two telephone calls in connecio.n with the flooding following the heavy downpour on Sunday. One call was in reference to the Woodlands area, back to the Norfolk Pine Island area, and at that area a car cannot get through, even if there were an emergency. He said he asked the City Engineer to check the area to determine what can be done about the situation. He said the residents of Woodlands are, disturbed as they are afraid the water might come into their homes since it has already reached the door level. C/M Kravitz stated that the other call he received related to Lime Day. He inspected the area along with the City Engineer, and it was agreed that a problem does exist. This will be taken care of by the City Manager and the Public Works Department, as there is no drainage on the main city street. City Manager Stuurmans stated that it is important to remind the residents of Tamarac not to use the catch basins as a garbage disposal, as that contributes to the flooding. It has been noticed that some of the residents use the catch basins to dispose of paint and oil, as well as to grow plants. Mr. Soley Goldberg, resident, stated that Section 20 on 94 Avenue has very poor drainage, particularly in the golf course area.; and when it rains the ponding is excessive. -14- 10/26/83 /rb CONSENT AGENDA 5 m) Investment Committee - Appointment of two members. 1) Approval to extend tabling action to a future meeting (tabled from 10/12/83). 2) Discussion and possible action to adopt Temp. Reso. #2908 amending Reso. #83-108, amending the number of members to serve on this committee. SYNOPSIS OF ACTION: 1) REMOVED from RESOLUTION NO. R-83-2,g67PASSED Agenda. 2) APPROVED. (See also Page 5). 1) Mayor Falck stated that this item was removed from the Consent Agenda this morning. C/M Stelzer MOVED to remove the item from the agenda. SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE 2) City Attorney Jon Henning read Temp. Reso. #2908 in its entirety. C/M Stelzer said he feels the language in the portion of the Resolution which relates to the members comprising the committee, should be changed to delete the words "ex officio members", since that language was stricken from Resolutions pertaining to other committees. The City Attorney said he would clarify the situation by stating that at the last Council meeting, he explained the difference between an ex officio member and a liaison member. Ile advised at that time that the term ex officio actually refers to one particular individual. The Resolution Council is considering today is a good example of that as it refers to the Mayor and the Finance Director. Mr. Henning explained that if either of those individuals will be'absent from a meeting, they could designate another person to take their place and -there would be no need for Council action. He said another example would be that if the City retained the services of a new Finance Director, that individual would automatically step in on the committee, since the position goes with the office. Mr. Ray Munitz, resident, asked how many votes would be required to pass any action. Mr. Henning stated that it is his suggestion a majority vote of the members appointed to the committee be required to pass any action. Mayor Falck said he feels a minimum of three votes should be required at all times, since this committee will be dealing with significant items. Mr. Munitz said he would suggest that if there are three members on the committee, a unanimous vote be required; and if there are five members, three votes be necessary. City Attorney Henning said he will add to the Resolution that three votes are required to pass any action of the committee. C/M Stelzer MOVED to approve Temp.. Reso. #2908, amending Reso. #83-108, amending the number of members to serve on the Investment Committee. SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE 9. Proposed Ambulance Pro ram -- Temp. Reso. #2897 - Discussion and possible action to approve the concept. SYNOPSIS OF ACTION: Concept Plan RESOLUTION NO. R-83-.2,91PASSED APPROVED. Authorization to proper City officials to finalize Plan for presentation to Council. City Attorney Jon Henning read the Resolution by title. C/M Krantz stated that a Feasibility Committee was appointed, as 15- 10/26/83 /rb recommended at the Workshop held on September 16, 1983. He said the Feasibility Committee had prepared a report, which was presented to Council on October 17, 1983 with a recommendation and he would accordingly MOVE the approval of Temp. Reso. #2897 adopting the Concept Plan for a City owned and operated ambulance service, and authorizing proper City officials to finalize the plan for presentation to Council. SECONDED by V/M Massaro. VOTE: ALL VOTED AYE C/M Stelzer said that during the past several weeks, he has been investigating a program which was initiated in Chicago called Medilog Identification Bracelet Program. He explained that there are approximately 35,000 senior citizens who are members of this program. mhe bracelet worn is a Spiedel expansion type which is inscribed with the wearer's identification number and telephone number. C/'M Stelzer said he has discussed this program with Police Chief McIntosh, Captain Mortimer, Captain Roche and Fire Chief Simon. All were in agreement that this would be a good plan for the City of Tamarac. C/M Stelzer stated a program of this type would not involve an expense to the City. The cost of the bracelet to the program participants is $5.00. The residents will register with the City, their name, address, person to notify in case of emergency, name of doctor, allergies and medical history. C/M Stelzer said he originally had discussed the program with the Police Department, but upon reconsideration, feels it could be better handled by the Fire Department. The information on the bracelet would be on file with the Fire Department, and when an ambulance is summoned for an individual requiring emergency treatment, the necessary information will be available. C/M Stelzer stated that the City might have some promotional expenses, but he will contact Spiedel to determine how much of those expenses they will bear. C/14 Stelzer mentioned that a few years ago B'nai B'rith sponsored a "Vial of Life" program, and Captain Roche has reported that he never heard of a single instance where the "Vial of Life" has been referred to in an emergency situation. However, the Fire Department will have a permanent record of the bracelet wearer and it will be referred to when an ambulance responds to an emergency call. He said Captain Roche feels this would be an excellent public relations program as the service would be available to the residents of the City at no cost, with the exception of the initial $5.00 cost for the bracelet. C/M Stelzer said if Council approves this program, he will present it to the Presidents Council as Mr. Munitz feels this would be an excellent program for them. Tape C/M Stelzer said the only problem he can foresee at this time 5 would involve the 24-hour watch at the Fire House telephone since Chief Simon has advised that when a fire truck is used for a fire, there is nobody at the Fire House in order to provide the information on file to the ambulance. He said if several individuals were involved in a fire and are wearing bracelets, the information on file for those individuals could not be obtained from the Fire Department. Fire Chief Simon said at the present time, the Fire Department operates under a radio dispatch system, and telephones are not used. The Broward County EMS relays information to the City Fire Department and if there is nobody at the Fire House to receive the information, it comes over the mobile radio. -16- 10/26/83 /rb Chief Simon said he has spoken to Sgt. Walter Harmuth, who advised that at the present time, the Police Dispatcher is unable to handle the ambulance service calls due to the heavy workload involved. Ile said when the City goes on E-911, a Fire Dispatcher would be needed at the Police Station to provide the information on the coded card to the ambulance service. C/M Stelzer asked how far in the future the E-911 system would be initiated. City Manager Stuurmans stated that when the new Police Facility is built, the City will go on E-911. Mayor Falck suggested that the kledic-Alert program be investigated since it is similar to the program being proposed for the City of Tamarac. C/M Stelzer stated that the. Medic --Alert bracelet program does not provide for the reporting of pertinent information. He said his wife wears one, on which is inscribed,."Allergic to Penicillin". However, in that program, the wearer must reregister every year; but the program suggested for Tamarac involves only the initial purchase of the bracelet and there is no cost to the wearer for the rest of his life. Mayor Falck said he.feels this matter should be pursued with the Presidents Council. C/M Krantz said he wonders why this program should be restricted to senior citizens. C/M Stelzer said all individuals could partici- pate in the program at the $5.00 cost of the bracelet. City Manager Stuurmans said if the City enters into .this program, staff might explore the possibility of personnel grant funding to initiate the operation. Mayor Falck suggested the Tamarac Presidents Council research the matter and return to Council with their recommendations. 12. Fire and Rescue Service - Temp. Reso. #2896 - Discussion and possible action opposing consolidation o fire and rescue services under the jurisdiction and control of Broward County. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-83-PASSED City Attorney Jon Henning read the Resolution by title. C/M Krantz MOVED to approve Temp. Reso. #2896 opposing consolidation of fire rescue services.in Broward County. SECONDED by V/M Massaro. VOTE: ALL VOTED AYE 17. Woodmont Tract 59 - Discussion and possible action on: a) Disposition of a performance bond - Temp. Reso. #2892. b) Acceptance.of a Bill of Sale for water distribution and sewage collection improvements -- Temp. Reso. #2893. SYNOPSIS OF ACTION: (See Pare 10). a) Not Passed. If Letter of Credit or confirmation from bank not received by 11/7/83, bond will be called. b) TABLED to meeting of 11/9/83. a) V/M Massaro MOVED to accept the letter received from Montwood,Inc. as a Letter of Intent. If the actual Letter of Credit or a confirmation from the bank is not received by the City Engineer by November 7, 1983, the bond is to be called. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE b) V/M Massaro MOVED to table the action to accept the Bill of Sale for water distribution and sewer collection system improvements to the meet- ing of November 9,1983. Improvements are to be made on the pumping station as it is not acceptable to the City in present form. SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE 28. City Council Reports C/M Krantz reported that a request was made by the Beautification Committee that the City Planner prepare a survey on possible beauti- fication of the medians within the City and maintaining them in a manner which will avoid accidents. It has been recommended that palm trees be used in a diameter of not more than six inches for this purpose. C/M Kravitz - No report C/M Stelzer - No report V/M Massaro reported that on Sabal Palm Boulevard, there is a street sign on the north side which should be on the south side; and she recommended the City Manager check into this situation. 29. City Manager Report - No report 30. Cit Attorney Report -- Mr.Henning reported that the proceeding relatil to the Sludge Farm has been successful. The City will be permitted to use the Sludge Farm for thirty-six months at a rental of $150,000.00 to be paid to the court account. The City of Lauderhill has agreed to pay their fair share of the rental. Mayor Faick reported that last Saturday he was invited to the Eagle Trace Golf Course in Coral Springs. While there, he said he met Mr. Garchar's brother who informed him that Mr. Garchar is presently confined to his bed. The Mayor said he had reported to Council some months ago that when the deliberations on the settlement occurred quite a long time ago, he was concerned that the proposal made centered around a normal life expectancy. The Mayor said this is another indication that Mr. Garchar does not have a normal life ex- pectancy. Mayor Falck said a report will be distributed this week in connection with the meeting of the Broward League of Cities. THE MEETING WAS RECESSED TO 4:15 P.M. ----------------------------------------------------------------------- MAYOR FALCK CALLED THE MEETING TO ORDER AT 4:15 P.M. AND ALL WERE PRESENT GENERAL ADMINISTRATIVE/FINANCIAL 10. possible Drive - Temp. Reso. #.2891 - Discussion _ _ n vers ' _ Widening and p urging a meeting of State, County and local transportation and elected officials to finalize a method of obtaining funds for widening University Drive. SYNOPSIS OF ACTION: APPROVED as Amended to RESOLUTION NO.R-83- ,,g fo PASSEL' also include construction of Commercial Boulevard west to Sawarass Expressway and Noh Hill Rd. from Commercial Boulevard to McNab Road. City Attorney Jon Henning read the Resolution by title. V/M Massaro said she feels the title of the Resolution should also include the construction of Commercial Boulevard west to the proposed Saw Grass Expressway, and Nob Hill Road from Commercial Boulevard to McNab Road. The City Attorney said this will be addressed in Section 1, and as suggested, it will also be included in the title. V/M Massaro said during the month of August, City Manager Stuurmans wrote to Mr. Mitch Ceasar, the City's Grant Consultant, concerning the possibility of obtaining assistance for the City, since Tamarac has been overlooked by the State and the County for new roadway projects. She stated that University Drive through the City of Tamarac has not been identified for road improvements until the year 2000. However, University Drive south of Tamarac through Sunrise and Lauderhill has been approved for widening to six lanes up.to Commercial Boulevard, as well as University Drive beginning at Southgate Boulevard going north -18- 10/26/83 /rb through Coral Springs. V/M Massaro said that construction is well under way at those areas, but it will be very difficult to reach the proposed Saw Grass Expressway, the Sunrise Theater and the new shopping center in Coral Springs if road improvements are not made through the City of Tamarac. V/M Massaro stated that the TRIPS run which was recently com- pleted for Woodmont Tracts 30 and 56 indicated that Woodmont will be assessed $376,130.00; of which $285,380.-0.0 will be used for road work; and the balance will be used for left and right hand turns and sidewalks through the City of Tamarac. She said $285,380.00 for the road work covers University Drive from Commercial Boulevard to Inverrary Boulevard going south and Riverside Drive to Southgate Boulevard going north, as well as Sample Road at the Turnpike access to Lyons road, etc., but there is no work scheduled for Tamarac. There is $285,380.00 of Tamarac money being used for areas outside Tamarac but there are no funds allocated for any portion of the City of Tamarac. V/M Massaro said she brought this situation to the attention of the Council while the legislatures were in session so that the City could be identified by the State for University Drive improvements. However, as a specific request was not made, there was no action taken. She said she would now request that Mayor Falck or his designee, move forward to see what can be done about the project, to include arrangements for meetings between State, County and local transportation and,elected officials, to finalize the most expeditious method to. firstly, be identified; secondly,to determine the manner in which to obtain funds.; and thirdly, to be considered for the City's fair share of the distribution of impact fees by the County. V/M Massaro said that without a Council member being responsible to the Council for heading and coordinating the, steps involved in this project, money that should have been coming to Tamarac will be lost, and plans for the roads through the.City will be pushed back ten or fifteen years from now. V/M Massaro said she spoke to Commissioner Craft yesterday and he is present now because of his concern about the leapfrogging of Tamarac and as he is the City representative, he has agreed to assist the City in all ways possible. Mayor Falck said when the plan was originally outlined in Tallahassee, he was present and discussed with Mr. Gustafson the problem of University Drive, as outlined by V/M Massaro. The Mayor said it was his understanding at that time from Mr. Gustafson that the local delegation members should be contacted as they could help obtain the financing through other means. He said the Vice Mayor, other members of Council as well as he,did contact Mr. Titone, 7Ar. Deutsch and . Mr. Weinstein about this particular problem. However, as V/M Massaro indicated, the City has had no assurance whatsoever that Tamarac will not be placed.in a position of trying to use an old antiquated road to connect with two very well developed new modern roads that will bring the traffic from the south to a standstill in Tamarac going north,and likewise going south on University Drive from Coral Springs down through Tamarac and connecting again with Lauderhill and Sunrise. Mayor Falck said the plan for the roads in Broward County was specifically unveiled by Mr. Gustafson in February or March of this year in Tallahassee, and he would agree with V/M Massaro that something must be done in this matter. -19- 10/26/83 /rb Commissioner Howard Craft said he agrees with the Vice Mayor that all concerned should meet and discuss the matter. He said he has not had sufficient time to review the project through his office, but he is familiar with the patterns of the Planning Office and the TRIPS model. He said the road under discussion today is a State road and therefore, the State will be involved in the discussions. Commissioner Craft said he will be available to the City of Tamarac, to discuss this with representatives of the State and perhaps a meeting should be arranged with the DOT in the very near future as well as with State Senators and Representatives from this area. Commissioner Craft said the County is now in a better position to assist the City in a matter such as this than they were just a year ago. He explained that when the BIZ study was used, there was a problem. When a developer wanted to build a new shopping center at the intersection of a major road, he had to pay the County an amount of money for his share of the improve- ments necessary on that major road. In addition, if another intersection needed a stop light and did not have one and the new traffic light would require widening of the road around the intersection to make the turns easier, that developer would also be required to pay his share of this improvement based upon the traffic his shopping center would generate. Also, if a small intersection a few miles away from the proposed shopping center required improvements, the same developer would have to pay his share of those improvements; and that process would continue on until the developer would owe the County money for all the roads throughout Broward County. Commissioner. Craft stated that under the old BIZ model, the County was required to hold each one of the small portions of money received for impact fees in a separate small account.in the computer and nothing could be done with that money. At some point in time, perhaps in the year 2003, somebody will build a shopping center a few miles away and that developer would also have to contribute toward a traffic light there. Over a period of years, perhaps in the year 2010, the Countv would have enough separate contributions to install the traffic light. Therefore, under the BIZ model, all the different contributions of money would accumulate for twenty or thirty years before improvements could be made. Commissioner Craft said that the TRIPS model was initiated because the County wanted to spend some of the money without waiting until it was accumulated. He said he is happy to announce that this has been accomplished and within the next thirty days or so, the County computer will be fully set up and the County will be able to tell the computer that it is important to make certain intersection improvements. The TRIPS model will then search the computer to locate the small contributions made toward remote intersections where the money will not be needed until the year 2010 and the money could be lawfully moved to the improvements that need to be made now. Therefore, it will no longer be necessary to sit around and wait for all the tiny ac- counts of money to accumulate before making an improvement. The various small contributions can be lawfully combined by telling the computer what the County wishes to address. Commissioner Craft commented that there are some very esoteric requirements that must be met as there will be some monies that cannot be taken from the computer for various reasons. Commissioner Craft said the very first thing he will do will be to inform the County that there is a requirement for the City of Tamarac to obtain funds through the TRIPS model for the design of the roads. He said he will follow up on this and get back to the City of Tamarac within the next couple of weeks, either in person or by means of a Report. -20- 10/26/83 /rb V/M Massaro said she feels before anything is done, she would suggest the Mayor or his designee arrange a meeting to lay the groundwork for this project. Commissioner Craft said he agrees that the first thing that must be done is to establish a liaison so that the County can discuss this with the City for the purpose of coordinating the project. He said the DOT should also be contacted. Commissioner Craft stated that there is another theoretical source of funding, which is the 4 ,gas tax that was placed at the County level. The City of Tamarac will receive $1.00 for each $2.00 the County receives from those monies. He said the County's portion of those funds has already been pretty well assigned for the various roads throughout the County. He commented that the main reason the 4G gas tax was passed was because the residents of the County voted for the 1978 bond issue. One hundred and twenty --five million dollars of those funds were for the roads, but that was not sufficient to accomplish what the County had intended. Commissioner Craft explained that the roads in Lauderdale Lakes, Tamarac and some of the other cities have already been built but the County ran out of money and felt it was not fair to the residents to build only two-thirds of the roads they were promised. .Therefore, the 4� gas tax was voted in to complete the bond projects and that money is pretty well tied up for that purpose. Commissioner Craft stated that there is another possible source for the money that is required.. He explained that Broward County has a law that anybody who requests platting must pay impact fees at the time of platting; and anyone who platted a long time ago and requests a building permit from the County must also pay the impact fees. Therefore, if an individual buys a piece of property which was platted in 1955 or thereabouts, he must pay the impact fees when he requests a building permit.. Commissioner Craft stated this applies only to the unincorporated areas of Broward County. In the various cities, the developer pays impact fees only at the time of platting. He said he hopes the City of Tamarac will consider a City Ordinance to recognize the fact that since anyone who intends to plat pays the impact fee, it is only fair that someone who happened to have the property platted before impact fees were initiated, should also pay a like amount,. The County reaches those individuals at building permit time. Commissioner Craft said he would like to review the possibility of Tamarac being the first City in Broward County to pass an Ordinance to the effect that a piece of property which has already been platted would require payment of impact fees when a building permit is requested. He said if Tamarac would consider that type of Ordinance, there would be a substantial amount of money coming into the City and those funds could be used for the type of project which is being discussed today as the monies can only be used for projects within a certain distance of the location the fees came from. v/ii iviassaro asked wilether the monies coming into the City as a result of an Ordinance of that type would be'distributed all throughout Broward County, as they are in the TRIPS model, or whether they can be utilized only for improvements needed in the City of Tamarac. Commissioner Craft said that would depend upon how the City would set up the Ordinance. If Tamarac asks Broward County to do the TRIPS run for them, the money would be distributed all throughout the County. However, the amount of impact placed upon each de- veloper would depend upon his location and the point furthest from Tamarac would be impacted with the smallest amount of money. Under the TRIPS system, most of the money gravitates toward the area through which the traffic is being generated. Commissioner Craft mentioned that this would be the safest method to use as the County's method is legal and very sophisticated. -21- 10/26/83 V/M Massaro said none of the impact fees assessed to Woodmont are assigned to Tamarac. Commercial Boulevard to Inverrary Boulevard is the closest area those monies were assigned. Commissioner Craft said there are two possibilities for that, one being that there are no improvements planned since a six -lane highway already exists. Therefore, the developer does not have an impact upon that roadway system as it is already capable of handling the traffic the developer will generate and the monies he paid will not be designated for Tamarac. The other possibility would be that there is no planned improvement within the next five years. He explained that this defect in the system would have to be cured so that monies could be assigned to Tamarac. If there is no plan to ever improve a road,the City would not be permitted to collect impact fees for it. When this defect has been corrected, the money will be designated for Tamarac. Commissioner Craft commented that impact fees assessed to Woodmont would not generate much money for a Hollywood street. Commissioner Craft asked whether the City of Tamarac requests impact fees for local streets when individuals request platting or zoning. V/M Massaro explained that developers must build their own roads. Commissionr Craft asked whether the City's present Ordinance pro- vides for fees to be paid for the improvement of local roads. City Planner, Richard Rubin stated that at the time of site planning or zoning, the developer is required to obtain a TRIPS run to de-' termine what his impact will be upon the City's local roads; and the fee is determined by the Council at the time approval is granted. City Attorney Jon Henning mentioned. that the City has had only a few rezoningsand in those cases, impact fees were considered for local roads. The City is presently in the process of obtain- ing an engineering study to be used as the basis of an Ordinance, as at the present time there is no Ordinance which specifically addresses local road impact fees. He said in the past, there were discussions and negotiations relating to tradeoffs and it is felt that an Ordinance is required. Commissioner Craft said he would encourage the City to consider as part of that Ordinance, a requirement for impact fees not only at platting time but also at the time a building permit is re- quested for property which has already been platted. He explained that the County is following this procedure, which is fitting and proper. In this way, impact fees will be received from individuals who would not have been required to pay them otherwise. Tape V/M Massaro said a similar procedure is followed in connection 6 with local parks and recreation fees. The fees had been paid originally at the time of platting, but the City passed a new Ordinance which requires developers who were platted some time _ ago, to pav the fees at site plan time. Commissioner Craft said he will arrange fo Council to work with the Tamarac Council, he hopes Tamarac will consider setting up that the County would only need to run the The City of Tamarac would then be legally the County is as the TRIPS model has been is defensible. -22- r the Broward County if so desired. He said an Ordinance in a way TRIPS model for Tamarac. protected to the same extent set up in a manner which 10/26/83 /rb City Attorney Henning asked whether the developers would be required to pay impact fees to the County as well as the City; and Commissioner Craft said they would. The City Attorney asked if the impact fees that would be paid by other municipalities would be assigned to the County or to the City of Tamarac. Commissioner Craft said that the municipalities in Broward County would be assessed for County roads. The monies designated for the County would be placed into the system as it presently exists and would be distributed in the manner which was discussed today. Mr. Henning inquired whether the TRIPS model would apply to County roads only; and Commissioner Craft said the TRIPS model applies to all arterials of the State and County, both inside and outside cities, but does not include city roads. He explained that all the monies produced as a result of the Tamarac Ordinance which are designated for improvement of County roads, would go to the County and placed into the system. Fie said that the Tamarac Ordinance should include the city roads. V/M Massaro said it is her understanding that under the new system, all impact fees received from various municipalities resulting from the Tamarac Ordinance, would be placed into the computer and reserved for future County roads in Tamarac which have been identified.. Commissioner Craft said that is correct. Commissioner Craft said when monies are used from the various municipalities for improvements, eventually the monies would be replaced by the County from the General Fund. City Planner Richard Rubin said he has spoken to a member of Commissioner Craft's staff today who is preparing the interlocal agreements, and it is felt that if the City and County meet and designate a certain project for road improvements, the County would agree that all monies collected through the new TRIPS model would be assigned specifically to that roadway. Commissioner Craft said there is a provision in the new TRIPS model to accomplish this as the computer can move most funds. He said the County will work with the City of Tamarac to decide where the money should be assigned. C/M Stelzer asked where the money would come from when a Tamarac road is designated for improvement and that road continues through Pembroke Pines, Hollywood, etc. Commissioner Craft explained that in those instances, there are two options. One would be to permit the money to remain in the computer in the various small accounts. for all the intersections until the year 2010 and then put in whatever money is required to make up the difference, from the General Fund, to build the road. The second option would be to combine the various projects and not wait until 2010 to do the road work. He pointed out that the work would cost less now than it will years later and the cost of road work today is more than twice the cost of that work ten years ago. mayor Falck said if Council adopts Resolution #2891, he would appoint V/M Massaro as his designee, to coordinate this project and begin to meet with the necessary individuals :to set up whatever is necessary. -23- 10/2.6/83 /rb Commissioner Craft requested a copy of the Resolution be forward to the County Board of Commissioners, so that the matter can be placed on the County agendarand he will explain to his fellow CDmmissioners what the issue is so they will be aware of the project from the beginning and will know what needs to be done. City Attorney Henning said it is his understanding that Council wishes to include in the Resolution, the widening of University Drive from McNab Road to Commercial Boulevard, as well as con- struction of Commercial Boulevard west to the proposed Saw Grass Expressway and Nob Hill Road from Commercial Boulevard to McNab Road. City Attorney Jon Henning read the Amended Resolution in its entirety. C/M Stelzer MOVED to approve Temp. Reso. #2891 as amended, expressing the need for widening and constructing certain roads in the City of Tamarac. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE Mayor Falck asked V/M Massaro to assume this re- sponsibility and requested that she keep Council informed of developments through memorandums, so that Council will be able to assist her in all ways possible:. V/M Massaro said she would require the assistance of the City Manager, City Planner and staff in this project. Mayor Falck said the Vice Mayor should also feel free to contact Council members with regard to the discussions which have transpired previously in regard to University Drive and the contacts made with Mr. Gustafson, Mr. Deutsch, Mr. Titone and Mr. Weinstein since Council has the information available and can use it to the best possible degree. V/M Massaro said she will follow those suggestions as she knows everyone can offer some assistance and she recommended this be done through the City Manager or City Attorney's office. City Manager Stuurmans suggested that V/M Massaro contact Mr. Ceasar to bring him.up to date on this project; and V/M Massaro said she would. V/M Massaro thanked Commissioner Craft for assisting the City Council. 30. City Attorne P.e ort City Attorney Henning said he and the City Manager were in contact with Alan Ruf's office and he would report that the City was successful in court this morning. Alan Ruf, Chris Carsky and Larry Keating were there. Judge Futch has granted the condemnation or taking for thirty-six months. The City has been ordered to present the $150,000.00 rent to the court account and Lauderhill has intervened with the City and has agreed to pack up their portion, C/M Stelzer asked where this money would come from; and the City Manager stated there is a provision for these funds in the Utilities budget. City Manager Stuurmans said should it become necessary, Mr. Ruf has informed her that the City might have to employ the services of a soil specialist. The cost for that might come up very quickly -24- 10/26/83 /rb within the next few weeks and it would be an amount of $2,500.00. The City will be using the firm of Dames & Tloore. Council has recently approved an invoice from that firm on another matter and they are well reputed. Their services would entail the review of the soil situation at the Sludge Farm site at this time. She said she wants Council to be aware of this situation as she will approve the expenditure on an emergency basis, should the necessity arise. C/M Stelzer asked whether the City would have to go to bid for this; and City Manager Stuurmans said it would not be necessary. THE MEETING WAS ADJOUR14ED AT 5:15 P.M. MAYOR ATTEST: ASSISTANT CITY CLERK This public document was promulgated at a cost of $430.45 or $11.95 per copy to inform the general public and public officers and employees about recent opinions and considerations by the Council of the City of Tamarac. CITY OF TAMAR C APPROVED AT MEETING OF city clu V ATTACHMENT #1 City ot cjamartac INTER -OFFICE MEMORANDUM MEMO TO: JON HENNING, CITY ATTORNEY FROM: IRENE ADAMS, COMMUNITY DEVELOPMEN DATE: OCTOBER 19, ,1983 SUBJECT: GARFINKLE PROFESSIONAL BUILDING REFERENCE: MF 2-80 I have reviewed the file to determine the amount of fees paid to the City on this project and in response to questions concerning refund of certain of those fees. Using the Medical Arts Building (Drs Levine and Baker) as a guide, I have made the following chart: Possible Type of Fee Non Refundable Refundable Refundable Site Plan Fee $600.00 Schematic Engineering 450.00 Water/Sewer (2.5) 2,500.00 Drainage Improvement 130.00 Drainage Retention 1,177.11 Final Engineering 2,451.86 If Council chooses to follow the example of Levine/Baker project, they could grant a refund of the engineering fees, drainage improvement fees and the drainage retention fee (if the the water retention agreement has not been recorded). See Report of Council Action attached.