HomeMy WebLinkAbout1980-11-12 - City Commission Regular Meeting MinutesP. 0. 60X 25d10
TAMARAC, FLORIDA 33320
FIRST CLASS MAIL
CITY OF TAMARAC, FLORIDA
CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, NOVEMBER 12. 1980
CALL TO ORDER: 9:00 A.M.
ANNOUNCEMENT OF TIME ALLOCATIONS -- MOTIONS TO TABLE - The Chair
at this time will announce those .items which have been given a
specific time to be heard, and will entertain motions from
Council members to table those items which require additional
research. Council may agendize by majority consent, matters of
an urgent nature which have come to Counci.l's attention after
publication.
1. Broward County Solid Waste Dis osal Program - Presentation
by Mr. Carlton Miller, Director of the Division of Solid
Waste relating to a proposed agreement for the County to
collect the City's solid waste. Discussion and possible
action.
TAMARAC UTILITIES - WEST
2. Operations - Discussion and possible action on:
a) Bid Authorization - Chlorine for water treatment
purification and waste treatment.
b) Bid Authorization - Lime for use in .water treatment.
3. Emergency Purchase - Discussion and possible action to
declare an emergency to waive bidding procedures for the
purchase of pumps for lift stations 11 and 14.
4. Bid Award - Utilities West - Temp. Reso. #1767 -- Discussion
and possible action to award a bid for repair of a jet
rudder truck.
5. Bid Award -- Utilities West - Temp. Reso. #1768 -- Discussion
and possible action to award a bid for sludge removal and
disposal at plant #3.
PRESENTATIONS
6. United Nations Association of America - Presentation of
Service Award to Virginia Taylor in observance of United
Nations Day - 1980.
7. Election Results - November 4, 1980 - Temp. Reso. #1766 -
Discussion and possible action to accept the Broward County
Canvassing Board Certification of Results for the Special
Referendum Election on two Amendments to the City's Charter.
.1/12--Pgs.1, 2, 3
.ouncil to take
latt.under advise
TI to adv.on
_and.fill sites.
12-Pgs.7,8
horizations
4-Pgs.3,4
given.
2-Pgs.8,9
- Rps_f3(1-243
12-Pg.9
td.Res.80-244
12-Pgs.4,5
sented to Va.
lor.
11/12-Pgs.3,4
Adptd.Res.80-245
PAGE Twn_
8. Consent Agenda - Items listed under Item #8, Consent
Agenda, are viewed to be routine and the recommendation
will be enacted by one motion in the form listed below.
11/12-Pgs.8,9,10
There will be no separate discussion of these items. If
a) thru i) Tbld.
discussion is desired, then the item(s) will be removed
from the Consent Agenda and will be considered separately.
J) thru P) ApPvd•
a)
Minutes of 3/24/80 - Special Meeting - Approval recom-
mended by City Clerk.
b)
Minutes of 3/24/80 - Reconvened Special Meeting -
Approval recommended by City Clerk.
c)
Minutes of 7/25/80 - Special Meeting -- Approval recom-
mended by City Clerk.
d)
Minutes of 7/28/80 - Reconvened Regular Meeting -
Approval recommended by City Clerk.
e)
Minutes of 7/29/80 -- Special Meeting - Approval recom-
mended by City Clerk.
f)
Minutes of 9/10/80 - Regular Meeting - Approval recom-
mended by City Clerk.
g)
Minutes of 9/24/80 - Regular Meeting - Approval recom-
mended by City Clerk.
h)
Minutes of 10/1/80 - Reconvened Regular Meeting -
Approval recommended by City Clerk.
i)
Minutes of 10/8/80 - Regular Meeting - Approval recom-
mended by City Clerk.
j)
Alan F. Ruf -- Consulting Attorney -- 11/5/80 - $580.00
Approval recommended by the City Attorney.
k)
Alexander Grant & Co. - Auditor - 10/27/80 - $4,000.00
Approval recommended by the Finance Director.
1)
Williams, Hatfield & Stoner - Consulting Engineer -
10/20/80 - $186.75 - Account #428-202-080 - Approval
recommended by City Engineer.
m)
Williams, Hatfield & Stoner - Consulting Engineer -
10/20/80 -- $86.60 - Account #428-202-080 - Approval
recommended by City Engineer.
n)
Williams, Hatfield & Stoner -- Consulting Engineer -
10/22/80 - $2,075.63 - Account #350-500-531 - Approval
recommended by City Engineer.
o)
Williams, Hatfield & Stoner - Consulting Engineer -
10/22/80 - $207.00 - Account #425-371-536--623 -
Approval recommended by City Engineer.
p)
Williams, Hatfield & Stoner - Consulting Engineer -
10/23/80 - $145.25 - Account #425-202-080 - Approval
recommended by City Engineer.
GENERAL
ADMINISTRATIVE/FINANCIAL
9. Grants Consultant Agreement - Discussion and possible
1/12-Pg. 5
action concerning agreement with Mitchell Ceasar, the
Agreement approved
City's Grants Consultant.
with compensation
f $15,000 payable
n 12 mo. installment:
A
10. University Drive - Sidewalk Construction - Discussion and
possible action to approve construction of a sidewalk from
Sunflower to Coral Springs in preparation of the opening
of Taravella High School.
11. Retired Senior Volunteer Program - Temp. Reso. #1769 - Dis-
cussion and possible action to approve a Memorandum of
Understanding with the Service Agency for Senior Citizens
to acquire staff assistance.
12. Compensation Adjustment - Police Department Exempt
employees Discussion and possible action.
PAGE THREE.
11/12-Pgs.12,13
Tbld.for further
consideration.
11/12-Pgs.19,20
Adptd.,Volunteers
to be kept 1 yr.,
but not as reg.
emp. Res.-80-246.
11/12-Pg. 21
Tbld.to mtg.11/26.
13. Finance Department - Personnel - Discussion and possible 11/12-Pg.22
action for authorization to employ one additional employee Appvd.w/funds to
to assist in the refund program. come frm.RefDept.
14. Bid Authorization - Chambers Recording Equipment - Discus- 11/12-Pg.22
sion and possible action to approve authorization to go Auth.grntd.,specs.
out for bid for this budgeted equipment. to be pres.to(hcl.
15. Holiday Festivities Committee - Discussion and possible 11/14--Pg.1
action concerning a committee to administer holiday V/M Mass.to dir.
festivities. this function.
1_6 . Tamarac Youth Soccer Lea ue - Presentation by League repre- 11/12-Pgs. 22,23
sentatives concerning land for a recreation complex. Pres.by I.Tutunik.
17. Capital Improvement Pro ram - Munici al Facilities -- Dis-
cussion and possible action concerning proposal to prepare
an architectural and planning guide to a Capital Improve-
ment Program for the City.
PUBLIC HEARINGS - 2:00 P.M.
18. Rezoning Petition - Joseph and Jerome Sousa - Petition
#31-Z-80 - Discussion and possible action to rezone the
southwest corner of University Drive and McNab Road from
R-4A to B-5, by Temp. Ord. #813. Second Reading.
19. Employee Retirement Plan - Temp. Ord. #814 - Discussion
and possible action to amend the retirement plan with
respect to administration procedures. Second Reading.
11/14-Pgs.5,6,7
M.Shiff & Assocs.
hire. w/stips .
11/12-Pgs. 11, 12
Petition adptd.on
2nd & final rdg.
11/12-Pg.12
Adptd.on 2nd &
final rdg. ORD�O-
20. Illegal Parking - Temp. Ord_. #821 - Discussion and possiblell/12-Pg.12
action to prohibit parking vehicles in certain places not pfd a amend.
included in the Uniform Traffic Code. Second Reading. ronindfYna1 rdg.
D.80-114
21. Right -of -Way Maintenance Responsibility - Temp._ Ord. #8.22 --
Discussion and possibleraction to require property owners
to maintain the unpaved right-of-way abutting their
property. Second Reading.
LEGAL AFFAIRS
22. Woodlands Section 2 - Landscaping - Discussion and possible
action on request to install a hedge between Commercial
Boulevard and the service road. (Tabled from 10/22/80)
23. Park and Recreation Site Acquisition - Temp. Ord. #742 --
Amending Code Chapter 20 relating -'to park and recreation
lands in RD--7, R-3 and R-4A zoning districts. Discussion
and possible action. Second Reading. (Public Hearing held
5/28/80)
L1/12-Pgs.12,13
Optd.on 2nd and
--inal rdg.ORD.80--
115
Ll/12-Pgs. 10, 11
_ty.to petition
3wd.Cty.for guard-
-ail or hedge.
L1/14-Pgs.10,11
�dptd. as amend.
)RD.80-116.
PAGE FOUR.
24. Bonding Requirements - Temp. Ord. #811 - Discussion and 11/12-Pg.1
possible action to amend Code Chapter 24 by requiring Tbld.to 11/26.
public improvement bonds and warranty bonds be for off -site
improvements only in the public right-of-way. Second
Reading. (Public Hearing held 10/22/80)
25. Code Cha ters 20 and 24 - Temp. Ord. #819 - Discussion and 11/12-Pg.15
possible action to correct conflicts between Chapters 20 - Approved as amend.
Platting, and 24 - Subdivision Improvements. First Reading on lst reading.
26. Animal Control - Temp. Ord. #825 - Discussion and possible 11/12-Pg.15
action to amend Cade Chapter 4 by prohibiting the keeping Appvd.on lst rdg.
of wild animals. First Reading.
27. Business Uses - Temp. Ord. #828 - Discussion and possible 11/12-Pgs.15,16
action to amend Code Section 28-171 - Master List of Tbld.for ret. to
Business Uses by modifying same with respect to warehouses Planning Can.
and video sales and exchange clubs. First Reading.
28. Florida Uniform Contraband Transportation Act - Temp. Ord. 11/12-Pg.16
#829 - Discussion and possible action to establish a Law Appvd.on lst rdg.
Enforcement Trust Fund for deposit of monies derived from
the sale of contraband. First Reading.
29. Executive Airport - Discussion and possible action on: 11/12--Pg.18
a)rpt.by Cty.Att.
a) Status report on work by M & H Services and Milledge b)Inv. for $17,150
& Hermelee. appvd.
b) M & H Services, Inc. - invoice of 10/24/80 in the 11/14-Pg.4
amount of $17 ,15 0.0 0 . Consul . rquestd . to
attend mtg.11/26.
30. International Association of Firefighters Local 2600-Agree-_11/12-Pg.1
ment - Temp._ Reso. #1773 _ Discussion and possible action Removed from agend,
to approve this agreement and authorize appropriate City
Officials to execute same.
31. Woodmont Tracts 74 and 75 - Stipulation #5 - Temp. Reso. 11/12-Pg.14
41770 - Discussion and possible action to approve Stipula- ptd.Res.80-247
tion #5 concerning a transfer of units from Tract 75 to Addl.Stip.to be
Tract 74. prepared by Cty.At,
32. Woodmont - Tracts 74 and 75 -- Drainage Agreement - TemP. 11/12-Pgs.14,15
Reso. #1771 - Discussion and possible action concerning an ptd.RES.80-248
agreement to perform certain drainage work by Rissmont, Inc ork to be a exp.
f Rissmont.
33. H.L.R. , Inc. - Stipulation_ - Temp. Reso. #1772 - Discussion 11/12-Pgs.16,17
and possible action concerning an amendment to an agreement Adptd.as amend.
relating to drainage. es. 80-257. a) Stip.
46 appv w/conds.
34. Broward County Pumping Station behind Sunshine Plaza - Dis- 11/12-Pg.19
cussion and. possible action to approve a Grant of Easement ptd.Res.80-249.
to the County for this facility by Temp. Reso. #1774.
35. Salary Adjustment - Discussion and possible action con- 11/12-Pg.19
cerning salary review for the City Attorney. Adptd.as amend.
$44,000 per annum;
COMMUNITY DEVELOPMENT Car Exp. 100 per m;
Res .80-2 6.
36. P_errera Special Exception -- Petition #33-Z-80 - Discussion 1/12-Pgs.17,18
and possible action to permit a restaurant in a B-1 zoning Adptd. to permit
district in a proposed shopping center east of Duff's Plaza est.in B-1 zoning
Temp. Reso. #1650. (Tabled from 10/8/80 - Public Hearing ist.RES.80-250.
held)
37. Northwood II - Discussion and possible action to approve an 1/12-Pg.17
adjustment of the engineering fees and subdivision improve- ty.Eng.auth.to
ment bond. e adjustments.
38. Miller, Cowherd & Keryer - Building - Revised Site Plan - 1/14-Pgs.7,8
Discussion and possible action for paving and drainage at a r-
.A
C�
PAGE FIVE.
39. Cypress III (Woodmont Tracts 68 & 77) - Revised Site Plan - 11/12-Pg.20
Discussion and possible action to approve an entry wall. lApproved.
40. Woodvale "60" Homes - Model Sales Center - Discussion and 11/14-Pgs.2,3
possible action to approve a permit with a waiver of parking Waiver granted
and distance requirements. i/conditions.
41. Heftler Homes - Bond Release - Temp. REso. #1778 - Discussion 11/12-Pgs.8,9
and possible action to release a subdivision improvement Appvd.-Res.80-
Letter of Credit subject to submission of a one --year warrant 254.
bond, a sidewalk construction bond and additional engineerin
fees.
42. Woodlands
- Bond Release -
Temp. Reso. #1775 - Discussion an
11/12-Pg.21
possible
action to release
a cash bond posted to guarantee
Adptd.-Res.80-
building
code compliance at
5304 Woodlands Boulevard.
251.
43. Gardens of Sabal Palm - Bond Release - Temp. Reso. #_1776 --
Discussion and possible action to release a landscape per-
formance for this project.
44. Montwood - Tracts 47, 48 and 50 - Bond Release - Temp. Reso.
#1777 - Discussion and possible action to release a surety
bond subject to submission of a one-year warranty bond.
45. Club Shoppiri Plaza - Bond Release - Temp. Reso. #1763 -
Discussion and possible action to .release a cash warranty
bond posted for this center.
46. Polish American Club - Discussion and possible action on a
request to grant an exception permit to Code Chapter 20 for
construction of a meeting place in the Tamarac Business
Center on Commercial Boulevard east of State Road 7.
47. Mainlands Sections 1 through 5 W- Discussion and possible
action to approve payment in the amount of $67,432.37 to
J & B Slurry Seal Company for repaving the roads in this
area,
48. Commodity Pricing -- Discussion and possible action creating
a mandatory price marking ordinance requested by the Vice -
Mayor.
REPORTS
49., City Council
50. City Manager
51. City Attorney
R-3
R-4A
S-1
B-1
B-2
B-3
B-5
= Low Density Multiple Residentia',_
= Planned Apartments
Open Space/Recreational
= Neighborhood Business
Planned Business
= General Business
= Two --Story Professional
Office Buildings
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 evidence upon which the appeal is to be based.
1/14-Pg.1
Adptd.-Res.80-
253
11/12--Pg. 21
Tbld. to next
reg.mtg.
11/12-Pg.21
Adptd.Res.80-252
11/12-Pgs.23,24
To be expedited
by Cty.Planner.
11/12-Pg.1
Removed from
Agenda.
11/12-Pgs.5,6
Tbld.for furth.
consideration.
CITY OF TAMARAC
MARILYN BERTHOLF
CITY CLERK
SPECIAL MEETINGS/WORKSHOPS
11/13/80 - Special Meeting - 10:00 A.M. - City Manager applicant
interviews.
AGENDIZED BY CONSENT
18.a) RezoniP2 Petition - Joselph and Jerome Sousa - Development and
Review Agreement - Discussion and possible action.
29.c) Executive _Airport - Milledge & Hermelee Invoice - $14,759.50 -
Discussion and possible action.
52. Mitchell Ceasar's Invoice - $843.57 - Discussion and possible
action.
53. TE'Eporar Use Agreement with F&R Builders_ relating to drainage work
in Westwood 6 -_Tem- Discussion and possible action.
p. Reso. #1780
54. Authorization for Mayor to attend pension seminar in Tampa on
Thursday - Discussion and possible action.
ADr_F QTV
11/12-Pgs.11,12
'A -A -nor% O /1 I l '1
11/12-Pg.18
Inv. red. from
�;14,759.50 to
$10,500.00.
11/14-Pg.9
Appvd. for paymen!
11/14-Pg.9,10
X1r 1 ni-A R g 9 n-') q C
11/14-Pg.13
kmroved .
CITY OF TAMARAC, FLORIDA
REGULAR CITY COUNCIL MEETING
NOVEMBER 12, 1980
CALL TO ORDER: Mayor Falck called the meeting to order on Wednesday,
November 12, 1980, at 9:00 A.M., in the Council Chambers.
ROLL CALL: PRESENT: Mayor Walter W. Falck
Vice -Mayor Helen Massaro
Councilman Irving M. Disraelly
Councilwoman Marjorie Kelch
ABSENT & EXCUSED: Councilman Irving Zemel
ALSO PRESENT:
City Manager, Edward A. Gross
City Attorney, Arthur M. Birken
Ass't. City Clerk, Carol Evans
Clerk/Steno., Mimi Reiter
MEDITATION & PLEDGE OF ALLEGIANCE: Mayor Falck called for a Moment of
Silent Meditation followed by the Pledge of Allegiance.
Mayor Falck reviewed the items scheduled on this day's Agenda, and indi-
cated that if necessary, the meeting will be recessed to Friday, 11/14/80,
at 9:00 A.M.
LEGAL AFFAIRS
30. International Association of Firefighters Local 2600 - Agreement -
Temp. Reso. #1773 -- Discussion and possible action to approve this
agreement and authorize appropriate City Officials to execute same.
SYNOPSIS OF ACTION: Removed from Agenda
V/M Massaro MOVED to remove Item #30 from the Agenda, and C/W Kelch
SECONDED.
VOTE: ALL VOTED AYE.
COMMUNITY DEVELOPMENT
7 Mainlands Section 1 through 5 - Discussion and possible action to
approve payment in the amount of $67,432.37 to J & B Slurry Seal
Company for repaving the roads in this area.
SYNOPSIS OF ACTION: Removed from Agenda
C/W Kelch MOVED to remove Item #47 from the Agenda, and V/M Massaro
SECONDED.
VOTE: ALL VOTED AYE.
LEGAL AFFAIRS
24. Bonding Requirements - Temp. Ord. #811 - Discussion and possible
action to amend Code Chapter 24 by requiring public improvement bonds
and warranty bonds be for off -site improvements only in the public
right-of-way. Second Reading. (Public Hearing held 10/22/80)
SYNOPSIS OF ACTION: Tabled to 11/26/80 Meeting
V/M Massaro MOVED that Item #24 be tabled to the next regular meeting
of November 26, 1980, and C/M Disraelly SECONDED.
VOTE: ALL VOTED AYE.
Mayor Falck designated Item #23 - Park & Recreation Site Acquisition to
be heard on Friday, November 14, at 10:00 A.M.
1. Broward County Solid Waste Disposal Program - Presentation by
Mr. Carlton Miller, Director of the Division of Solid Waste relating
to a proposed agreement for the County to collect the City's solid
waste. Discussion and possible action.
-1- 11/12/80
mr/
SYNOPSIS OF ACTION: Council to take matter under
advisement; BFI to advise City of views on landfill
sites and analyze contract proposed by the County.
Carlton Miller advised that thousands of tons of waste are generated
each year in the County, and available sites for landfilling have been
rapidly decreasing. He said that the present disposal fee is $9.00 per
ton, with 2 sites,namely one located in Pompano Beach, which is owned
and operated by a private firm, and the other is owned and operated by
the County in the town of Davie.
He indicated his attendance at a United States Environmental Protection
Agency meeting during the third week of October, wherein it was deter-
mined that due to more stringent regulations being promulgated each day,
and landfill sites becoming nearly extinct, the EPA has projected that
during the next 25 years, the disposal rates will increase to the vicin-
ity of $70.00 per ton. Mr. Miller indicated that the Broward County
Board of Commissioners has been designated by the Governor of the State
of Florida, as the lead agency for the planning and implementation of
all solid waste resource recovery projects in Broward County.
Mr. Miller agreed with the County Commission that solid waste was not
just a nuisance of disposal, but a resource that can be reused as valu-
able material, or an energy source. He stated that the Board of County
Commissioners was interested in the following; l) Institute a solid
waste resource recovery program in Broward County, 2) Limit future land-
fill operations at the County landfill, and other landfills, to the re-
ception and disposal of trash and residuals from resource recovery facili-
ties. Other related wastes and garbage will not be accepted.
He indicated that the purpose of his appearance at this meeting, was
to extend an invitation to the City, from the Board of County Commis-
sioners, to join with the County in planning a future program or re-
source recovery for Broward county.
He also noted that the second week in October, the division mailed a
copy of a model contract to Mayor Falck, for review. This contract,
he said, provides that the City and the County wish to mutually contract
for the County to receive and dispose of all solid waste collected within
the City. It was requested that the contract, or a modified version
thereof, be signed by all the cities, no later than December 31, 1980.
In response to a question by Mayor Falck, it was noted by Mr. Miller
that the City of Ft. Lauderdale did indicate their desire to sign the
agreement on October 28, 1980. He also stated that a disconcerted effort
has been made on the municipalities in the County since October 20th.
He said that pledges were being obtained from the municipalities, and
would be applicable for full operation of the program in Broward County
in 1985. He was aware of the fact that the City of Tamarac has a con-
tract with Browning -Ferris Industries, with an expiration date in 1984.
At the time of renewal, the City would indicate to their collectors,
that the City would retain vested interest in the waste stream, and the
collector would transport these wastes to a site designated by the City.
C/M Disraelly inquired about the City being recompensed, because Tamarac
is presently recovering newspaper, to which Mr. Miller responded that
the County would not generate funds from this, and it would be the same
charge per ton for delivery. The tonnage cost, he said, will be di-
rectly contingent upon the size of the facility, and the larger the
waste stream, there would be a lower tipping fee.
Mr. Miller responded to a question by the Vice -Mayor, by stating that
the cost of the facility is not yet known, but should run about $50,000
per ton, based on past experience. Ile also noted that the full faith
and credit of the County will be behind the bonds; and, also the State
of Florida, because bonds are available for such an endeavor. If, he
said, in 1984, his division has secured a new landfill for the future,
then in 1985, when revenue bonds are issued for the project, then the
City would share in the indebtedness of the landfill. Figures, he said,
will be established by January 1st, 1981.
-2_ 11/12/80
mr/
I
77
Mr. Miller indicated that in 1985, if the tipping fee is $15.00, another
facility will also be charging the identical fee, but the construction
of the plant will come from revenue bonds, which includes the $15.00
fee. He indicated that a City joining the facility at a later date,
will be required to pay a large front -in charge.
Mr. Miller advised that the tipping fee will be determined by fixed cost,
plus O & M cost, and from that the income is subtracted from the sale
of electricity and/or materials that the resource recovery plant gener-
ates; which is then divided by the dollars spread over a year, by the
number of tons forecasted, and the tipping fee is determined for the sub-
sequent year.
V/M Massaro felt this item should be reviewed further before a decision
is made by Council, to which C/W Kelch concurred.
Sal Coniglio of County Waste, advised that there are presently two sites
in the County, one being run by Southern Sanitation, and the other in
the town of Davie. He said that since the closing of the dump on
Biscayne Boulevard, everyone is turning to Davie, and will limit the
availability to private people by a number of years. He also stated
that the Pompano area was also being used, and eventually there will not
be dumping space available. He felt that the County will lose both the
independent people that are doing work here and in other cities, and
lose the two facilities eventually; outside of the new proposed plant.
Mr. Miller indicated that in 1986 the plant will be operational, and
those who do not wish to participate, can still use the facility of
Waste Management in Pompano Beach. He said that Kurt Volker of the
Broward County Leage of Cities, and his staff, has formed the Committee,
and established the agreement and the provisions included. It was, he
said, adopted as a model agreement, and determined the December 31, 1980
date for cities to sign.
Tape Stewart McBride of Browning -Ferris Industries, felt there were some
Side equities in the program that has been presented by Mr. Miller, but they
#2 have not exhausted attempts on securing additional landfill sites in
the County. The contract,he said, was sent to,Memphis and Houston, for
their attorneys to review.
V/M Massaro requested that input, as to analysis of the contract, would
be appreciated by the City Council; to which Mr. McBride indicated that
he will submit a written report, which should be coming from BFI's main
office.
Mr. McBride advised Council that BFI is the North American Franchisee
for a firm called DKW, and stated that the same operation that is recom-
mended by Mr. Miller, is in existence in Europe. if it becomes a reality,
he felt that BFI would be interested in bidding on the operation and
management of such a program.
Mr. Miller said that no --one can run any opposition as to the price for
disposal, to which Mr. Birken clarified the fact that if a resource
recovery program is instituted, it will increase the cost for the people
who are contractees with the County, but also increase the service to
anyone who is disposing of their garbage at another site in the County.
Helen Sobel, a resident, said that because there will be no rockpits
available by the year 1987, she felt that the County should have the
approval of all the cities to be involved.
V/M Massaro said that the agreement submitted by the County does request
a representative from each city, and concurred with the City Attorney,
who stated that a large number of cities could have their own resource
recovery facility, which would permit control of their own destiny.
7. Election Results - November 4, 1980 -- Temp. Reso. #1766 - Discussion and
possible action to accept the Broward County Canvassing Board Certifica-
tion of results for the Special Referendum Election on two Amendments to
the City's Charter.
SYNOPSIS OF ACTION. Adopted RESOLUTION NO.R- 2D npZj PASSED
-3-
11/12/80
mr/
The City Attorney read Temp. Reso. #1766 in its entirety, and V/M Massaro
MOVED for its approval, and C/M Disraelly SECONDED.
VOTE: ALL VOTED AYE.
Oscar Tucker, a resident for the past 10 years, spoke for the Non -
Partisan League, and a vast majority of the Presidents Council, plus
other associations that he has been active with for many years. He dis-
cussed the confidence, integrity, dedication and efficiency of the City
Council, which is led by the Mayor and the Vice -Mayor. He felt that an
affirmative vote will be given to particular amendments in the March
1981 election ballot, and reviewed the period of time, commencing with
1974, as to the election of the Vice -Mayor and the Mayor, with over-
whelming endorsements by the community.
Mr. Tucker felt that the members of the City Council should not take
this countertalk seriously, and continue in their splendid, dedicated
and efficient work. He also indicated that there will be the greatest
degree of cooperation from every group in the community.
Mort Student, a concerned citizen, said that he was disappointed in the
results of the City's election, as related to the increases deserved by
the City Council. He additionally stated that particular amendments
will be approved on the March ballot.
Melanie Reynolds said that she objected to this referendum being on the
November 4th ballot, because the Charter does not permit this, which
was not a proper hearing.
Helen Sobel felt that Ms. Reynolds was correct, that this referendum
should have been placed on the March 1981 ballot. She said the issue at
this time was for consideration of "confidence", as noted by Mr.Tucker,
which relates to V/M Massaro leaving the City. She urged her to remain,
in order for the City to conduct itself properly, because without her,
it is not a City.
Henrietta Sellner, a resident, wrote a letter to the Editor of the
Broward Times, which was a rebuttal to a recent article, in the discus-
sion of Vice -Mayor Massaro's salary.- She requested the Vice -Mayor to
remain in office, with the understanding that the March ballot will pre-
sent a better picture.
Mayor Falck felt a great uplift, as expressed by the people, and extended
his sincere thanks and appreciation for taking the time to indicate to
Council that they are indeed supportive of their efforts.
V/M Massaro thanked the people who appeared this day, and others who
spoke to her personally, and requested that she reconsider her decision
to leave the City. She said her commitment and promise to the people,
on her re-election, will be honored, and continue with her work in the
City, in order to make-up for any disappointments experienced due to
her previous decision.
Virginia Taylor indicated that she was pleased with the decision made
by the Vice -Mayor, and that the Council people should continue taking
their wives and husbands to the dinners.
C/M Disraelly said that everyone was aware of the fine job the Vice -
Mayor has done for the City, and was pleased that she will remain with
the City.
Mayor Falck indicated that C/M Zemel and C/W Kelch join him in extending
their thanks to V/M Massaro for reconsideration of her previous decision
to resign from the City Council.
PRESENTATIONS
6. United Nations Association of America -- Presentation of Service Award
to Virginia Taylor in observance of United Nations Day - 1980.
SYNOPSIS OF ACTION: Service Award presented
to Virginia Taylor, by Mayor Falck.
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Tape Mayor Falck said that a Certificate was sent to him by Charles L.Brown,
Side U.S. National Chairman, for United Nations. Day -- 1980, for distinguished
#3 service to Virginia Taylor.
GENERAL ADMINISTRATIVE/FINANCIAL
9. Grants Consultant Agreement -- Discussion and possible action concerning
agreement with Mitchell Ceasar, the City's Grants Consultant.
SYNOPSIS OF ACTION. Agreement approved, similar to
1 21 79, with compensation of $15,000, effective
11/26/80, and payable in 12 monthly installments.
Mitchell Ceasar advised that he sent an update on October 22nd, 1980,
to the City Council, wherein he outlined the successes of grants, since
employed by the City for the past year. He requested that an increase
to $15,000 be approved, plus telephone expenses.
C/W Kelch suggested that the City enter into an additional year's con-
tract with Mitch Ceasar, to which the Vice -Mayor concurred, indicating
that he could be an asset to the new City Manager, and he be awarded
the new contract, with the sum of $15,000.
Mr. Ceasar said that his agreement with the City of Lauderhill expressly
excludes grants, and they are represented in a lobbying capacity in
Tallahassee, and before the County Commission.
Mayor Falck felt that Mr. Ceasar did not cover everything that he has
been involved with, and did justify his work, which could eventually and
adversely affect the City. He said the Broward League of Cities does
have representation, but also covers 29 municipalities, and in many
instances, the City of Tamarac does have more interest than other munici-
palities. Mayor Falck said it was important that the City have someone
there with the ability to keep Council informed, and when it is vital
for the City to make contact, to enable particular legislation to be
enforced.
Mr. Ceasar added that he was involved in successfully lobbying and
defeating a handicapped bill, which cost to the City would have been
approximately $50,000, in order to meet the criteria. He did advise
of discussion with the Leader of the House, and felt that the bill will
be presented again, and was establishing some compromises, and would ap-
prise Council, by memorandum.
C/M Disraelly said that his opinion would be redundant, and felt that
Mitch Ceasar has done a good job for the City, and was in favor of his
continuing.
V/M Massaro recalled that Mr. Ceasar did state that he would not do
lobbying for any other city, because she felt there might be a conflict
of interest, due to Lauderhilll being a neighboring city.
Mr. Ceasar said that should the opportunity arise, where a conflict of
interest is involved, he would resolve this, and also advise the City
Council.
C/M Disraelly MOVED that an agreement identical to the one signed on
11/21/79, be approved, with a compensation of $15,000.00 payable in
twelve (12) monthly installments, effective 11/26/80. C/W Kelch
SECONDED.
VOTE: ALL VOTED AYE.
Mr. Gross advised that Mr. Ceasar's bill was omitted this month, and
would request that it be considered at the reconvened meeting of
12/14/80.
In response to a question by C/M Disraelly, the City Attorney indicated
that it was Council's requirement that professional bills be approved
by them, and would also enable reports to be made periodically.
48. Commodity Pricing - Discussion and possible action creating a mandatory
price marking ordinance requested by the Vice -Mayor.
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SYNOPSIS OF ACTION:Tabled for further consideration.
Nat Cohen of the Consumer Affairs Board, said that he did not have an
opinion as to whether Publix was correct or incorrect in their pricing
structure. He said that the Manager took him on a tour of the computer
room, and reviewed the scanning process, with the ramifications and
problems they encountered previously, which involved payroll. Mr.Cohen
indicated over $350,000,000 was invested in the scanning equipment, with
over 200 operations from North Florida to South Florida; with a cost
of $30,000 per month, to hand price the merchandise.
It was anticipated, he said, to reflect a reduction in the cost of
some merchandise, with the use of the scanning process. But, Mr. Cohen
indicated that the people found it inconvenient to see the prices, and
did not understand the scanning. The Manager said that he was going to
recommend to the authorities, Mr. Dave Kelly, the District Manager and
President in Lakeland, Florida, as to the plight of the people in the
City of Tamarac.
The Manager advised him that within the month the pricing structure
would be changed, by using 8 X 5 or 8 X 6 inch cards, making the prices
larger than they are, and affix them in the area of the merchandise on
the shelf; also, raising the shelfs, in order to be easily visible.
Mr. Cohen indicated that he went to the Basics Store, and found that
no matter what level the item was located, the prices were visible.
He additionally stated that the local Manager was giving him information,
but felt that the President of the Publix Corporation should be con-
tacted, in Lakeland. He said that the scanning operation was in opera-
tion from Tamarac to Lakeland, via telephone cable, and the prices could
be changed within 30 seconds, by merely hitting particular buttons. It
is, he said, a complex and costly operation. The system of operation
was shown to him, by changing the price of a bottle of Taylor wine.
C/W Kelch felt that imposed restrictions on retail trade, will inevi-
tably come back to the people in the form of increased costs on the
individual items in the store.
C/M Disraelly felt that the people are conscious of costs, and could
not be legislated on a City level, as indicated by C/W Kelch. He was
opposed to an ordinance of retrogression and increased costs.
Bob Shurr, of the Board of Consumer Affairs, stated an experience, after
the scanning procedure was in effect, because the amount on a particular
item was priced greater on the register receipt,than indicated on the
shelf. He indicated a survey was made of approximately 39 women, and
the unanimous consensus was that they were not in favor of the new system.
He related a complaint by an elderly lady, to the Manager, because she
could not bend down to a lower shelf, in order to obtain the price of
a particular item. She said that upon reaching the register, she was
completely confused as to the costs of the items.
Mr. Shurr said that anyone who purchases food in quantities can be con-
fused, because the code and scanning program does not give the individual
reassurance of proper pricing. He felt that the consumer does enjoy
the comparison of prices, as they are shopping.
V/M Massaro discussed the various complaints she received, and also
those that were given to the City Manager. She noted that the City of
Hollywood has given initial approval to a mandatory price -marking ordi-
nance for stores with optical scanners, which may be expanded to include
all stores, whether or not they have scanners within 30 days. Also,
she said, that Sunrise became the first Broward city to require price -
marking in 1977, and if it was unconstitutional, then they have been so
in the past three years.
The Vice -Mayor also stated that the City of Miramar adopted a price -
marking ordinance, and questioned whether this was an unconstitutional
item, or was something that the people were not happy with.
C/M Disraelly inquired of the City Attorney, as to mandating that prices
be placed on items; and, if so, in what manner can discrimination be
be determined as to which products and what stores would be concerned.
Also, if such an ordinance is approved, and the store declines to insti-
tute this, what effect would this have, and the penalties involved.
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Mr. Birken felt that an ordinance could be drafted, which could handle
constitutional questions, and would involve consideration and study for
such preparation, for exclusions and inclusions. He additionally stated
Tape that as far as penalties, two routes were involved; with notices to ap-
Side pear,for violators, who can be cited again if compliance is ignored by
#4 the Judge. Also, relief can be obtained through the Circuit Court, by
injunction, to compel compliance of mandatory injunction, or to force
the business not to operate, until regulations have been complied with.
He felt that such an ordinance would require extensive research.
Helen Sobel, a resident, stated that she and her husband market infre-
quently, but in large quantities; and indicated that it is impossible
to remember the exact cost of the individual items, especially when it
involves a full cart of foodstuffs. She personally felt that an item
should also be marked for price, as well as the shelf, and then this
figure should appear on the register receipt, on the scanning system
process. She felt that in this manner, an item could be double-checked,
and the individual will be more aware of the cost of items, and whether
it is properly indicated.
Mort Student complimented Nat Cohen on the work he has accomplished, in
obtaining pricing methods from various supermarkets. He noted that his
wife pointed out an error to the Manager of the Publix store on McNab
Road, and was immediately refunded the difference in monies.
Emil Kalafut said that he was disabled, but does some shopping, and be-
cause he is on a fixed income, is constantly aware of bargain prices
and shopping. He stated that 500 of the items are not marked, because
of the code system, which he felt should be advertised on radio and TV,
in order to have better control.
Mayor Falck and V/M Massaro both agreed that the City Attorney should
obtain copies of the ordinance, and then distribute for Council's viewing,
in order to make a proper judgment.
C/W Kelch felt that the people should be given the opportunity to become
accustomed to the new scanner system.
V/M Massaro MOVED to table, and then WITHDREW HER MOTION.
C/M Disraelly was concerned with the pricing, and felt that the $30,000
payroll, which is involved in the pricing, times the 200 odd stores
in the State of Florida, would result in a payroll of $6,000,000.00.
At the end of 6 months, he said, the cost of the computer would be paid
for, and a potential savings of $3,'000,000 in the first year, and
$6,000,000 plus inflation, every year thereafter, then lower prices
could be obtain, by using the standard pricing procedure.
V/M Massaro MOVED that the item be tabled for further consideration,
and C/W Kelch SECONDED.
VOTE: ALL VOTED AYE.
TAMARAC UTILITIES - WEST
2. Operations - Discussion and possible action on:
a) Bid Authorization - Chlorine for water treatment purification
and waste treatment.
b) Bid Authorization - Lime for use in water treatment.
SYNOPSIS OF ACTION: a) & b) - Authorizations Approved.
a) Mr. Gross advised that the item of Chlorine amounts to approximately
$40,000 per year, and b) Lime is $100,00 for the year.
C/M Disraelly felt that the City should go out to bid, according
to the Charter; and MOVED that the bid authorization be approved
for Chlorine, and C/W Kelch SECONDED.
VOTE: ALL VOTED AYE.
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11/12/80
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b) C/M Disraelly MOVED that the bid authorization be approved for
Lime, to be used in the water treatment, and C/W Kelch SECONDED.
VOTE: ALL VOTED AYE.
3. Emergency Purchase - Discussion and possible action to declare an
emergency to waive bidding procedures for the purchase of pumps for
lift stations 11 and 14.
SYNOPSIS
emergency
order for
quotes.
OF ACTION: It was deemed to not be an
purchase, and Tabled for 11/14/80, in
the City Engineer to obtain written
Mr. Birken felt this item was not properly phrased on the agenda,
and the City Engineer said it did not involve an emergency purchase,
but was a sole source situation.
C/M Disraelly referred to 2 memoranda from the City Engineer, which
initially indicated that the prices for Lift Station 14 were quoted
by Sanders, Aspinwall & Associates, Inc., a Fairbanks -Morse representa-
tive; but the November 6th memo notes that it is standardized between
two manufacturers, Fairbanks -Morse and Crane -Deming.
Mr. Keating advised that when he originally approached the City Manager,
the concern was related to standards for the pumping stations, which
he did mention in his memorandum. It was a fact, he said, that there
were a large number of pumping stations of this type, with the manu-
facturers being Fairbanks -Morse and Crane -Deming. The particular lift
stations, he said, #11 and #14, are both Fairbanks --Morse stations, and
the City Manager questioned whether additional expense should be in-
curred to modify these stations and make them standard. He, therefore,
recommended that the City continue with the Fairbanks -Morse equipment.
In response to a question by C/M Disraelly, the City Engineer indicated
that both companies have different manufacturing dimensions, and could
not be inter -changed, unless modified. He additionally stated that
replacement of the pumps would cost approximately $3475, and rebuilding
them would involve a cost of $3450. Because the models have changed,
he noted, and the dimensions of the pumps are different, it would be
necessary to order from the factory, custom made pumps. He said it
is not considered an emergency item, but a sole source situation.
He further stated that reserve pumps were not applicable, due to dif-
ferent size pumps, but they did involve the same manufacturer.
C/M Disraelly referred to a memo from Bob Woelke, the Field Superin-
tendent, that indicates the purchase of two pumps for Lift Stations
11 and 14; and only involves one bidder, Fairbanks -Morse, which would
not require going out for bid.
Mr. Birken said that under the City's Purchasing Regulations, a formal
written contract is required, for approval by Council, to which Mr.Gross
requested that the item be tabled to the recessed meeting of 11/14/80,
for submission of a formal contract.
V/M Massaro MOVED to table the item to Friday, 11/14/80, to enable the
City Engineer to obtain written quotes from whoever is involved, and
C/W Kelch SECONDED.
VOTE: ALL VOTED AYE.
4. Bid Award - Utilities West - Temp. Reso. #1767 -- Discussion and possible
action to award a bid for repair of a jet rodder truck.
SYNOPSIS OF ACTION: Adopted; with bid RESOLUTION NO.R- KD a Z,.3 PASSED.
awarded to Blackburn Welding & Maintenance
Repair - $4,280.00.
The City Attorney read Temp. Reso. #1767.
C/M Disraelly said three bids were submitted, with a proposal from the
City Engineer, and a recommendation that Council approve a contract
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to Blackburn Welding & Maintenance Repairs, who were the low -bidder by
$10,000 over one company, and $2,000 over another. He then MOVED that
Temp. Reso. #1767 be approved to Blackburn Welding & Maintenance Repairs
in the amount of $4,280.00, and'!C/W Kelch SECONDED.
VOTE: ALL VOTED AYE.
The City Attorney inquired whether future resolutions could include
the low bidder and the amount, which could be changed, if necessary; and
Council concurred.
5. Bid Award - Utilities West - Temp. Reso. #1768 - Discussion and possible
action to award a bid for sludge removal and disposal at plant #3.
SYNOPSIS OF ACTION: Adopted; with bid RESOLUTION NO.R- O o PASSED.
awarded to Frenz Enterprises, Inc.-$9575.
The City Attorney read Temp. Reso. #1768.
C/M Disraelly advised that the City Engineer recommended that the
award be made to Frenz Enterprises, Inc., in the amount of $9,575.00,
which is the lowest bid; and SO MOVED to approve Temp. Reso.#1768. Motion
SECONDED by C/W Kelch.
VOTE: ALL VOTED AYE.
MEETING WAS RECESSED TO 1:30 P.M., FOR LUNCH.
MEETING WAS CALLED TO ORDER, ROLL CALL TAKEN, AND ALL PRESENT.
8. Consent Agenda
Tape a) Minutes of 3/24/80 - Special Meeting - Approval recommended by
Side City Clerk.
#5 b) Minutes of 3/24/80 - Reconvened Special Meeting -- Approval recom-
mended by City Clerk.
c) Minutes of 7/25/80 - Special Meeting -- Approval recommended by
City Clerk.
d) Minutes of 7/28/80 - Reconvened Regular Meeting - Approval recom-
mended by City Clerk.
e) Minutes of 7/29/80 - Special Meeting - Approval recommended by
City Clerk.
f) Minutes of 9/10/80 - Regular Meeting - Approval recommended by
City Clerk.
g) Minutes of 9/24/80 - Regular Meeting - Approval recommended by
City Clerk.
h) Minutes of 10/l/80 - Reconvened Regular Meeting - Approval recom-
mended by City Clerk.
i) Minutes of 10/8/80 -- Regular Meeting - Approval recommended by
City Clerk.
j) Alan F. Ruf - Consulting Attorney - 11/5/80 - $580.00 - Approval
recommended by the City Attorney.
k) Alexander Grant & Co. - Auditor - 10/27/80 - $4,000.00 - Approval
recommended by the Finance Director.
1) Williams, Hatfield & Stoner - Consulting Engineer - 10/20/80 -
$186.75 - Account #428-202-080 - Approval recommended by City
Engineer.
m) Williams, Hatfield & Stoner -- Consulting Engineer - 10/20/80 -
$86.60 - Account #428-202-080 - Approval recommended by City Engineer.
n) Williams, Hatfield & Stoner - Consulting Engineer - 10/22/$
$2,075.63 - Account #350-500-531 - Approval recommended by City
Engineer.
o) Williams, Hatfield & Stoner - Consulting Engineer - 10/22/80 - $207.00
Account #425-371-536--623 - Approval recommended by City Engineer.
p) Williams, Hatfield & Stoner - Consulting Engineer - 10/23/80 -
$145.25 - Account #425-202-080 - Approval recommended by City
Engineer.
SYNOPSIS OF ACTION: a) through i) - Tabled;
and j) through p) - Approved.
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11/12/80
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C/M Disraelly MOVED that Items a) through i), the Minutes, as reflected,
be Tabled for a future meeting, due to corrections, and not having com-
pletely read them; also, that Items j) through p) be Approved. The Vice -
Mayor SECONDED the MOTION.
VOTE: ALL VOTED AYE.
LEGAL AFFAIRS
22. Woodlands Section 2 - Landscaping - Discussion and possible action on
request to install a hedge between Commercial Boulevard and the service
road. (Tabled from 10/22/80)
SYNOPSIS OF ACTION: City to petition Broward County
for guardrail and Areca Palm or Buttonwood hedge
landscaping.
Steve Monahan discussed the guardrail or possibly berms being installed,
in Woodlands Section 2, due to an auto catapulting a curb and plunging
into a home, through a cement block wall and air -conditioner. He was
distressed with the situation, because if it was during the week, there
would have been approximately 20 children waiting for a school bus.
Mr. Monahan said that at a minimum, he would like a hedge of Areca Palms,
but would prefer the installation of a guardrail and shrubbery dividing
it aesthetically. He also added that the County would provide this,
if it was recommended by the City.
V/M Massaro said that Council has been involved in this matter at some
period in time, and spoke to Mr. Gerren, whereby they were willing to
install the guardrail and trees or shrubbery, in order to soften the
effect. But, she said, the people of Woodlands were not happy with
this, because it was not aesthetically pleasing for that quality of
neighborhood.
V/M Massaro indicated that the man who was involved came across from
Woodland Meadows, and not down Commercial Boulevard, but, hit the gas
pedal instead of the brake, freezing at the wheel. She felt this
should have been presented to the Woodlands Homeowners_, be.caus-e.no ma -
lanasirrg not out of--the.ordinary. She additionally stated that
Council was ready and willing to assist, but felt that the Woodlands
Homeowners should be contacted, as to protection and safety.
Mr. Gross said that after the accident, he spoke with Tony Nolan and
the City Engineer, who was to review the area of the intersection, with
Nancy Horvath. He was to receive a report by Thursday.
V/M Massaro said that it was not difficult to get these things done
with the County. She said that a bend -in -the -road and a guardrail,
on 4.9th Avenue, across a certain area of the golf course, was a tre-
mendous hazard, and it was brought to the attention of the County Engi-
neers. She additionally stated that within one week, the guardrail
was erected and extended to 49th Avenue.
Stan Lippert, on the Board, and Vice -President of Section 2, said
that he took the Vice -Mayor to the site, and indicated their request
for a guardrail; also, naming the many contacts he made. He felt that
the safety of the children was of utmost importance. Mr. Lippert also
noted that they have correspondence from the Homeowners Association,
but a letter was sent to the Council, directly from their Section,
which he personally wrote. Mr. Lippert indicated that the entire strip
was of concern, and the service road, where the children walk and play,
which involves a safety problem, and should be resolved.
V/M Massaro felt that Council should attempt to get something done
immediately, and contact the County, in order to have a guardrail
erected, with the landscaping being a secondary item.
C/M Disraelly said that he spoke to Dick Rubin, as to plantings, which
was based on a letter received by Mr. Birken from John Gerren on 6/19/80,
which involved location of a planter beyond the right-of-way.
C/W Kelch said that she resented the implication that the City Council
had any reason to reject a legitimate offer, but her information was
that guardrails would not be accepted by the Homeowners Association.
11/12/80
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C/W Kelch said that as long as there is a current letter from Wayne
Theiss, to approve the planting, and then continue with the guardrail.
C/M Disraelly said that on October 27th Dick Rubin appeared before
Council, and discussion was held on Areca Palm and Coca Plum hedge,
which was followed -up by the letter from Wayne Theiss, dated 11/5/80.
Dick Rubin said that when guardrails were suggested in June of this
year, by the Woodlands Homeowners, it was presented to the County,
who, in turn advised that they dial not have adequate monies in their
budget. The alternative solution, he said, was to have plantings
installed. The Coca Plum shrub, he stated, was the first request,
which is 15 inches in height. He felt that the maintenance of such
a hedge for 1/2 mi. would be quite difficult, but found that an Areca
Palm or a Buttonwood Hedge would be satisfactory.for a buffer.
He also indicated that after meeting with Wayne Theiss, he found that
the landscaping would be installed in approximately one month, on that
stretch of road, if the City will accept an Areca Palm hedge. The
guardrail, he said, could be placed behind this, if the County agrees.
V/M Massaro said that due to the accident, the County should be ap-
proached, for maximum results, with the feeling that landscaping will
be installed, but also the guardrail, which the City Council would
recommend.
C/W Kelch MOVED that the City of Tamarac petition Broward County for
the installation of a guardrail, plus a landscaped hedge of Areca
Palms in the area fronting road on Section 2 of the Woodlands, which
should be.handled administratively. V/M Massaro SECONDED the motion.
C/M Disraelly recommended that Buttonwood Hedge be included in the
motion, to which C/W Kelch AMENDED HER MOTION to include Areca Palms
or Buttonwood Hedge.
VOTE: ALL VOTED AYE.
PUBLIC HEARINGS
18. Rezoninq Petition - Joseph and Jerome Sousa - Petition #31-Z-80 -
D�scussion and possible action to rezone the southwest corner of
University Drive and McNab Road from R-4A to B-5, by Temp. Ord.#813.
Second Reading.
SYNOPSIS OF ACTION: a)Development Review ORDINANCE NO.O-- �D PASSED.
Agreement - AGENDIZED BY CONSENT - Approved,
with proper persons authorized to execute it;
Petition adopted on 2nd and Final Reading.
The City Attorney read Temp. Ord. #813.
Mayor Falck opened the discussion to the public.
Greg Darby of Darby & Way, represented Biscayne Federal, and said it
was felt.that from a planning and design standpoint, that this parcel
is separate and distinct from an identical size parcel on 88th Avenue
and McNab Road. The first factor, he said, is that University Drive
is a major corridor, and will have a 200 foot total right--of-way sec-
tion for a frontage road concept; but, 88th Avenue is designed as an
arterial, with 110 foot right -of --way section. Also, he said, the
existing uses on the adjacent corners, would lend itself better to
commercial use rather than residential use. This differentiates from
the other site, because of the two gas stations on the east side of
University Drive, and the other financial institution on the northwest
corner, he said. He indicated that it would be a two-story building;
also--noting----that the Developers Review Agreement was previously sub-
mitted.
Mayor Falck closed the hearing, because no other comments were received.
Mr. Birken indicated to Council, that on line 7 in the title of the
ordinance, it should be corrected to read "B--5 Business District,
Limited", and not Two -Story Professional Offices.
V/M Massaro MOVED for the adoption of Temp. Ord. #813, on second and
final reading, and C/W Kelch SECONDED. 11/12/80
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VOTE:
ALL VOTED AYE.
a) C/W Kelch MOVED to AGENDIZE BY CONSENT, the item of Development
Review Agreement, and V/M Massaro SECONDED.
VOTE: ALL VOTED AYE.
Mr. Birken said this involved a standard Development Review
Agreement, with no changes, which Council can authorize execu-
tion by the appropriate officials. It was noted by Mr. Darby
that it was submitted to Council prior to first reading, with
the rezoning application.
V/M Massaro advised that Mr. Darby has submitted to the City
Attorney, for review, a standard Development Review Agreement;
and MOVED for its approval, with the proper persons being autho-
rized to execute it. C/W Kelch SECONDED the motion.
VOTE: ALL VOTED AYE.
19. Employee Retirement Plan - Temp. Ord. #814 - Discussion and possible
action to amend the retirement plan with respect to administration
procedures. Second Reading.
SYNOPSIS OF ACTION: Adopted on 2nd and ORDINANCE NO.O- PASSED.
Final Reading.
The City Attorney read Temp. Ord. #814, and advised Council that he
received an Actuarial Impact Statement, which indicates that"the changes
will not affect the benefits, liabilities or funding requirements of
the plan, and the proposed changes are in compliance with Section 14,
Article 10, of the State Constitution, and with Section 112.64 of the
Florida Statutes". This statement has been signed by the actuaries,
and will be submitted to the State, if the ordinance is enacted, he said.
Mayor Falck opened the discussion to the public, and closed it because
there were no comments received.
C/M Disraelly MOVED for adoption of Temp. Ord. #814, on second and
final reading, and C/W Kelch SECONDED.
VOTE: ALL VOTED AYE.
Mayor Falck indicated that these procedures have been followed since
the inception of the plan.
20. Illegal Parking - Temp. Ord. #821 - Discussion and possible action to
prohibit parking vehicles in certain places not included in the Uniform
Traffic Code. Second Reading.
SYNOPSIS OF ACTION:Adopted, as amended, on ORDINANCE NO.O _ Za- PASSED.
2nd and final reading.
The City Attorney read Temp. Ord. #821.
Mayor Falck opened the discussion to the public, and closed it because
there were no comments received.
Mr. Birken suggested that line 9 should read; (1) It shall be a viola-
tion of this ordinance for any person to stop, stand or park a vehicle
etc. Also, on line 13, after (a), delete the words It shall be a
violation, and insert "In or upon any private alley, drive, driveway,"
etc.
C/M Disraelly MOVED for the adoption of Temp. Ord. #821, as amended
by the City Attorney, also noting that SECTION 1 will be in upper-case.
V/M Massaro SECONDED.
VOTE: ALL VOTED AYE.
21. Ri ht-of-Wa Maintenance Responsibility - Temp. Ord. #822 - Discussion
and possible action to require property owners to maintain the unpaved
right-of-way abutting their property. Second Reading.
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SYNOPSIS OF ACTION: Adopted on 2nd and
Final Reading.
ORDINANCE NO.O- 10:II PASSED.
The City Attorney read Temp. Ord. #822.
Mayor Falck opened the discussion to the public, and closed it because
there were no comments received.
Tape C/W Kelch MOVED to adopt Temp. Ord. #822, on second and final reading,
Side and C/M Disraelly SECONDED.
#6
VOTE: ALL VOTED AYE.
GENERAL ADMINISTRATIVE/FINANCIAL
10. University Drive - Sidewalk Construction - Discussion and possible
action to approve construction of a sidewalk from Sunflower to Coral
Springs in preparation of the opening of Taravella High School.
SYNOPSIS OF ACTION: Tabled for further consideration,
and the decision of the School. Board, as to areas of
inclusion in this district.
Mr. Gross advised that the School Board was constructing Taravella
High School on 88th Avenue, just north of the canal, with the City
being required to install sidewalks to the school. He said it was
a concern of the citizens because the students are bussed across
County, to the Blanche Ely school.. It was his recommendation that
Council approve the installation of the sidewalk immediately, which
would indicate the good -faith of the City, and indicating the need
for the City's students to attend this school, that is on the border-
line of Tamarac.
V/M Massaro felt that the Director of Community Development should
establish a summary of sidewalk locations by others, because she is
aware that the Montwood Corporation has an extensive program of black-
top sidewalk construction.
Mr. Gross indicated that the sidewalks under discussion would include
from 75th Avenue to University Drive, and north on University Drive,
from the corner of 82nd Street to Don Carters Bowling Lanes.
V/M Massaro felt that until it has been determined that the children
in Tamarac will attend this high school, it would be unnecessary to
spend approximately $5,000 for those sidewalks.
Mr. Gross felt that the sidewalks would permit the residents an op-
portunity to walk to the Don Carter Lanes, and also have easy access
to the Cypress Creek Commons Park. He additionally stated that the
high school was scheduled to open September 1st, 1981, with summer
classes being anticipated.
Mayor Falck advised that this has been discussed with Mr. Zwigler,
the Superintendent for the North area, who will be deciding the bound-
ary lines after the first of the year.
C/M Disraelly said that if the Sunflower district is encompassed by
the high school, then the sidewalk could be installed after the first
of the year.
V/M Massaro MOVED to table for further consideration, after a decision
has been made by the School Board, as to inclusion of the districts
to be involved, and C/M Disraelly SECONDED.
VOTE: ALL VOTED AYE.
Mayor Falck indicated a meeting of the School Board, on the first
Friday in December, at which time certain boundaries will be discussed,
as relates to the Middle School and Elementary School for 1981. He
noted that the number of students at the elementary school has been
depleting, to almost 100 less than the same time last year. The budget,
he said, has been materially affected, because they are paid per pupil.
The principal of the elementary school was informed that after the
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first of the year, there will be a further reduction in the number
of students. The Mayor felt that there was a possibility of trans-
ferring youngsters from other areas, in order to give the school a
fair share of students, to permit adequate funds for incidentals.
31. Woodmont Tracts 74 and 75 - Stipulation #5 - Temp. Reso. #1770 -
Discussion and possible action to approve Stipulation #5 concerning
a transfer of units from Tract 75 to Tract 74.
SYNOPSIS OF ACTION: Adopted; additional RESOLUTION NO.R-ZO-OZZI PASSED.
stipulation to be prepared by City Attorney
relating to Rissmont as a HOW builder.
The City Attorney read Temp. Reso. #1770, and explained that this
will permit some density to be moved from one tract to another, which
involves one plat and one site plan. He said the County was notified,
and he felt there was no problem, but is in accordance with the site
plan approved by Council.
C/M Disraelly verified the fact that one parcel will have 13.23 units,
and the other parcel will have 10 units, but will average out at 12.5
total density.
Mr. Birken said that a total of 30 units were moved from one to the
other.
V/M Massaro said that Mr. Rissman is not a HOW builder, and she under-
stood that he is in the process of becoming one, prior to pulling of
the first building permit.
Mr. Rissman said they will be starting their site development before
the first building permit.
V/M Massaro said that is known in Tamarac that all builders have this
type of insurance, and the requirements would have to be met at $1500
per unit, for a three-year period.
Mr. Rissman was agreeable, and would register under HOW, and comply
with the City's ordinance; to which the City Attorney added that a
letter from Mr. Rissman would be adequate, as to conforming to the
requirements, and requested that Stipulation #6 be added.
V/M Massaro said that Stipulation #6 will be part of the approval,
and the City Attorney concurred that it would be prepared for signature
on Friday.
C/M Disraelly MOVED to approve Temp. Reso. #1770, and C/W Kelch
SECONDED.
VOTE: ALL VOTED AYE.
32. Woodmont - Tracts 74 and 75 - Drainage.Agreement - Tea. Reso. #1771 -
Discussion and possible action concerning an agreement to perform
certain drainage work by Rissmont, Inc.
SYNOPSIS OF ACTION: Adopted; work under this RESOLUTION NO.R--,V4 a 1, _ PASSED.
Agreement to be at the expense of Rissmont,
with payments to be rescinded.
The City Attorney read Temp. Reso. #1771. He indicated that Mr.Rissmont
has shown tremendous generosity to the City, and also agreed to do
all the necessary drainage work on property previously discussed;
namely, 78th Street and 75th Street, with N.W. 80th Avenue. He said
that Council originally agreed that the City would pay $20,000.00,
but Mr.; Rissmont felt that his property would benefit to such a degree,
that he will do all the work, and is so stated in the document. An
earlier agreement was authorized, but was never fully executed, he said.
C/M Disraelly MOVED for the adoption of Temp. Reso. #1771, authorizing
execution of an agreement with Rissmont, Inc., whereby any improvements
made in the sections of N.W. 78th Street and N.W. 75th Street, with
N.W. 80th Avenue, will be done at the expense of Rissmont; as approved
by the City Engineer. Also, any previous discussions for payment by
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the City, are rescinded, and all expenses will be paid by Rissmont,
Inc. V/M Massaro SECONDED the motion.
Mr. Rissman said that his generosity was as a result of a good -faith
negotiation, and did hope that the City was appreciative of having
a Vice -Mayor that can negotiate such things to the benefit of the
City.
VOTE: ALL VOTED AYE.
25. Code Chapters 20 and 24 - Temp. Ord. #819 - Discussion and possible
action to correct conflicts between Chapters 20 - Platting, and 24 -
Subdivision Improvements. First Reading.
SYNOPSIS OF ACTION: Approved, as amended,
on First Reading.
The City Attorney read Temp. Ord. #819.
C/M Disraelly indicated that on page 2, line 29 1/2, the word Zoning
Commission should be changed to Planning Commission; line 30 1/2
Street Type, should also designate (Design Purpose), which would con-
form to Chapter 24. He also said that page 4, line 25, the word
Board should be deleted, and Planning Commission inserted.
C/M Disraelly MOVED for adoption on First Reading, as amended, and
C/W Kelch SECONDED.
VOTE: ALL VOTED AYE.
26. Animal Control - Temp. Ord. #825 - Discussion and possible action
to amend Code Chapter 4 by prohibiting the keeping of wild animals.
First Reading.
SYNOPSIS OF ACTION: Approved on lst Reading.
The City Attorney read Temp. Ord. #825, and suggested that quotations
be added on line 8, around "wild animals" and on line 6; also, a
comma is to be added after the word animal, on line 19.
Mort Student felt that Council should designate what they consider
a wild animal.
V/M Massaro MOVED that Temp. Ord. #825, be approved on first reading,
and C/M Disraelly SECONDED.
VOTE: C/W Kelch - Absent from dais
C/M Disraelly - Aye
V/M Massaro - Aye
Mayor Falck - Aye
27. Business Uses - Temp. Ord. #828 - Discussion and possible action to
amend Code Section 28-171 - Master List of Business Uses by modifying
same with respect to warehouses and video sales and exchange clubs.
First Reading.
SYNOPSIS OF ACTION: Tabled for return to the
Planning Commission, for incorporation of
other items which are pending.
Mr. Birken recommended that in order to save the City money, to
send this ordinance back to the Planning Commission, because there
are 2 1/2 ordinances pending on modifying the business uses. Fie
suggested that they could be combined; one which involves auto sales
and repairs, the one under discussion, and the third suggestion which
was made by Council and Staff, as to measurements for restaurants, by
special exception, be modified. lie reiterated that the ordinance be
sent back to the Planning Commission,with guidance.
C/M Disraelly MOVED that this item not be discussed at the present
time, but be returned to the Planning Commission, for the full input
of the items that the City Attorney has, and be TABLED.
Mr. Birken said the ordinances could be combined, and another public
hearing to be held by the Planning Commission, and returned to the
City Council.
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V/M Massaro SECONDED the MOTION to table.
VOTE: ALL VOTED AYE.
28. Florida Uniform Contraband Transportation Act - Temp. Ord. #829 -
Discussion and possible action to establish a Law Enforcement Trust
Fund for deposit of monies derived from the sale of contraband.
First Reading.
SYNOPSIS OF ACTION: Approved on lst Reading
The City Attorney read Temp. Ord. #829, and advised that Alan Ruf
has engaged special counsel in Cooper City, to bring suit in a number
of cases.
V/M Massaro MOVED that Temp. Ord. #829 be approved on first reading,
and C/M Disraelly SECONDED.
VOTE: ALL VOTED AYE.
33. H.L.R., Inc. - Stipulation - Temp_. Reso. #1772 - Discussion and
possible action concerning an amendment to an agreement relating to
drainage.
SYNOPSIS OF ACTION: Adopted, as amended; RESOLUTION NO.R- 7e--a2� PASSED.
a) Stipulation #6 approved with conditions.
Tape It was noted that Victor de Sousa would be negotiating the settlement.
Side
#7 V/M Massaro said that she would ask for a reduction of $30,000, to
which C/M Disraelly said that he would be pleased to pay them the
same amount as Rissmont.
Lon Rubin said that he discussed this issue with the Vice -Mayor, and
did agree with her, also the concept of splitting the difference;
but a higher figure was mentioned to him.
V/M Massaro asked Mr. Rubin to raise the figure to $30,000, because
of things that have to be desperately done; and repeated something
that he said, "half of whatever the cost is, but up to $30,000". She
felt that if Council accepts this, it would help him and the City.
Mr. Rubin inquired of the City Attorney as to the legal ability, if
approval was subject to the plat on this tract, by the Broward County
Commission, because of a rumor that there would be a moratorium on
platting. If this moratorium does occur, then he will be economically
hurt, and would not be able to use a parcel of property. Mr. Rubin
said if Judge Weissing hears this promptly, then it will be placed on
the Broward County agenda on December 2nd.
V/M Massaro said that Mr. Rubin should move forward, and then he could
come back to Council; noting that $30,000 is being taken off,
instead of $24,562,and would be $19,125, to which he concurred.
The City Attorney read Temp. Reso. #1772, in its entirety, as amended.
V/M Massaro MOVED to adopt Temp. Reso. #1772, as amended by the
City Attorney, and also the amendment to the Agreement to show the
amount of $19,125, and C/W Kelch SECONDED.
VOTE: ALL VOTED AYE.
The City Attorney said that a revised stipulation was distributed,
which was prepared by either Mr. Rubin or his attorney, but felt
that its execution should be amended, and the order should be more
detailed, for submission to the Judge; or have the stipulation adopted
in verbatim.
C/M Disraelly said that the Development Agreement involved, in para-
graph E, on page 2, for drainage improvements, that the number be
changed from $24,562 to $19,125; to which the City Attorney responded
that an amendment was passed to this Agreement, instead of preparing
another one.
Julian Bryan said that he was involved with Attorney Emerson Allsworth,
on another matter, which relates to an old Leadership project. This,
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he said, was scheduled for the entire week of the 17th, but he was
advised that it may not be heard, due to a controversial jury trial
and his availability. He also indicated there may be a problem of
resolving this by December 2nd.
Mr. Birken indicated that provisions were made for signatures, but
the Florida Real Estate procedure does require address and telephone
numbers of all the attorneys. The Order, he said, which was submitted
by Arthur Berk, has to be modified, and does not contain the sub-
stances in the stipulation, and does not incorporate it. He also
added that the order and the stipulation must be submitted at the
same time.
V/M Massaro felt that the Order would be to the satisfaction of the
City Attorney, and, if everything is not included, then the stipula-
tion become an exhibit to the Order, or it should come back to the
City Council.
V/M Massaro MOVED for approval of Stipulation #6, with the signature
page to be amended to the satisfaction of the City Attorney, and the
Order be redrafted to his satisfaction, or the Stipulation become an
exhibit for the Order; and, if Mr. Birken is not satisfied with the
Order, that it come back to Council. Also, she requested that a
sketch be attached to the metes and bounds description, for both
tracts. C/W Kelch SECONDED the motion.
VOTE: ALL VOTED AYE.
COMMUNITY DEVELOPMENT
37. Northwood II - Discussion and possible action to approve an adjust-
ment of the engineering fees and subdivision improvement bond.
SYNOPSIS OF ACTION: City Engineer authorized to
make proper adjustments to reflect costs, and
a copy is to be submitted to Council.
Julian Bryan advised that this item was submitted a few months pre-
viously, with the original engineering plans for Tract 1 and North-
wood IT. He said that some of the soil in the area has been investi-
gated, with a determination to be unsuitable, in the form of "muck".
It was also determined that the soil could be utilized in various
combinations, for form techniques of the slabs, but nothing has been
changed with water and sewer or drainage. He further stated that
Larry Keating has reviewed their new figures and data, and provided
Council with a memorandum in their backup, which indicates that the
new figures are correct and proper, but should be presented to Council.
V/M Massaro concurred with Mr. Keating, as he is not authorized to
make changes. She felt that it was in order, and MOVED that the
City Engineer be authorized to make the proper adjustments, to re-
flect the cost as submitted, as the estimated cost for the Northwood
II project; also, adjusting the amount of the bond, as indicated by
the cost of the project.
C/M Disraelly said that it should also be with the proviso that it
reflects the amount of drainage to be requested by the City, to the
proper amount discussed this day.
V/M Massaro also requested that Mr. Keating submit a copy to Council
of the adjusted figures,.
C/M Disraelly said there is a reduction of approximately less than
$7,000 in fees. He then SECONDED THE MOTION.
VOTE: ALL VOTED AYE.
36. Perrera Special Exce tion - Petition #33-Z-80 - Discussion and
possible action to permit a restaurant in a B-1 zoning district in
a proposed shopping center east of Duff's Plaza - Temp.Reso. #1650.
(Tabled from 10/8/80 - Public hearing held).
SYNOPSIS OF ACTION: Adopted to permit a
restaurant in a B-1 zoning district.
*WZ
RESOLUTION NO.R-D-egELC> PASSED.
11/12/80
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The City Attorney read Temp. Reso. #1650.
V/M Massaro MOVED for approval of Temp. Reso. #1650, granting a
special exception for a restaurant in a B-1 zoning district, and
C/W Kelch SECONDED.
VOTE: ALL VOTED AYE.
C/M Disraelly indicated this does not involve a site plan.
LEGAL AFFAIRS
29. Executive Airport - Discussion and possible action on:
aT Status report on work by M & H Services and Milledge & Hermelee.
b) M & H Services, Inc. -- Invoice of 10/24/80 in the amount of
$17,150.00.
c) AGENDIZED BY CONSENT - Milledge & Hermelee- Invoice --$14,759.50
SYNOPSIS OF ACTION: a) Report by City Attorney;
b) Invoice for $17,150 Approved, and c) AGENDIZED
BY CONSENT reduced by Milledge & Hermelee from
14,759.50 to $10,500. - Approved.
a) The City Attorney said that he has been in depositions on Thursday,
Friday and Monday, with one presently going on in Cincinnati,
with the Airport Consultants, Lander & Brown, which were hired by
the City of Ft. Lauderdale. He said the information being re-
cevied from the people who were deposed, was satisfactory to him,
and involved noise information the FAA used. But, certain other
technical matters dial require an Environmental Impact Statement,
which has involved very favorable testimony from the witnesses;
from specialists in Miami and Atlanta. But, also noted there has
also been testimony that was not favorable.
He said they were waiting for a date to be set for the hearing,
which was anticipated to be in the near future.
Mr. Birken said that Council was sent a memo on the billing, but
felt that Milledge & Hermelee was behind on their expectations
of where they would be in terms of "man" days, and additional
authorization would be helpful. He also said that the number of
hours or days are difficult to "pinpoint".
He said their last bill was for approximately $14,000 worth of
work, on an hourly basis, and billed for $10,000, and felt these
people were trying to work with the City, in a very honest manner.
with many hours involved. He also indicated that Mr. Arnold did
not charge for travel time, and felt that the cap should be set
back or removed, and to keep within the budget.
Mr. Birken indicated that he spent three days last week, and early
this week, and will be giving additional time, in order to assist.
He said that Mr. Gallop and he were in attendance at the deposi-
tions, and they were optomistic on the law in the pursuit of tech-
nical grounds, rather than just policies.
b) C/M Disraelly MOVED to pay $17,150, and C/W Kelch SECONDED.
VOTE: ALL VOTED AYE.
c) C/M Disraelly MOVED TO AGENDIZE BY CONSENT, Invoice that was pre-
sented by the Finance Department, in the amount of $14,759.50,
and C/W Kelch SECONDED.
VOTE: ALL VOTED AYE.
C/M Disraelly said in a letter dated 10/30/80, wherein a break-
down was given, as to a workday basis, instead of the number of
hours, such invoice was reduced to $10,500, and would MOVE to
Tape approve payment of $10,500, for the work that has already been done.
Side C/W Kelch SECONDED.
#8
VOTE: ALL VOTED AYE.
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11/12/80
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34. Broward county PuMing Station behind Sunshine Plaza -- Discussion
and possible action to approve a Grant of Easement to the County for
for this facility by Temp. Reso. #1774.
SYNOPSIS OF ACTION: Adopted RESOLUTION NO.R- VO -02�� PASSED.
The City Attorney read Temp. Reso. #1774, and indicated this was
essentially a corrective easement, which was an error in the easement
granted to TUI by the County.
V/M Massaro MOVED for the adoption of Temp. Reso. #1774, and
C/M Disraelly SECONDED.
VOTE: ALL VOTED AYE.
38. Miller, Cowherd & Kerver - Building - Revised Site Plan - Discussion
and possible action for paving and drainage at a dedicated alley for
the building at 3900 West Commercial Boulevard.
SYNOPSIS OF ACTION: Item to be held for
Friday, 11/14/80, at the recessed meeting.
V/M Massaro inquired whether the property was platted, to which
Mr. Glenn Cameron, an employee of Miller, Cowherd & Kerver, responded
that it was a dedicated alley that they would be paving, at their own
expense. He also stated that the alley was in the plat book, and
exists on paper. Mr. Cameron said their building was designed with an
entrance to the alley from the rear of the parking lot. He added that
they were on Lots 3, 4 and 5, the Kerver Complex.
C/M Disraelly said that he would like to see the building and the
area involved, and would request that this item be heard on Friday,
11/14/80.
Mayor Falck indicated that this item will be called approximately at
10:30 A.M., on Friday, 11/14/80.
35. Salary Adjustment - Discussion and possible action concerning salary
review for the City Attorney - Tem . Reso. #1779.
SYNOPSIS OF ACTION: Adopted, as amended; RESOLUTION NO.R- PASSED.
44,000 per annum, effective 10/l/80, with
car expenses of $100 per month remaining.
C/M Disraelly read Temp. Reso. #1779, and noted that his report at
the previous Council meeting indicated that the City Attorney's
salary should be $44,000, effective 10/l/80, and so MOVED.
C/M Disraelly said that his report of 9/22/80 indicated that as of
10/29/79, the City Attorney was given a 7% increase; and, in 2/13/80,
he was deleted from the Pension Fund, but given this cash in his
salary. This did not permit an increase in his salary, and his con-
tribution to the Fund became part of his salary. Also, the car expenses
of $100 per month remain the same, he said.
V/M Massaro SECONDED the motion.
VOTE: ALL VOTED AYE.
Mr. Birken thanked the City Council members for placing this on the
agenda, and felt that they were always concerned about his well-being,
and have always been very generous.
GENERAL ADMINISTRATIVE/FINANCIAL
11. Retired Senior Volunteer Program - Temp. Reso. #1769 - Discussion
and possible action to approve a Memorandum of Understanding with
the Service Agency for Senior Citizens to acquire staff assistance.
SYNOPSIS OF ACTION: Adopted; with volun-
teers to be kept for one year, but not as
regular employees after that time.
39s10
RESOLUTION NO.R- g49,a$14 PASSED.
11/12/80
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The City Attorney read Temp. Reso. #1769.
C/M Disraelly inquired about the fact that five (5) people will be
funded at 4 hours per day, or 100 hrs. a week.it is also understood
that there is no cost to the City, and will be for a period of one (1)
year.
Mr. Gross advised that the volunteers will be in the offices of the
City Attorney, Personnel, Finance, Engineering and two for the Public
Works Department.
V/M Massaro indicated that she would not object, if there was an
understanding that they will not be kept after the one-year term,
with an effective date of 11/12/80. She MOVED for the adoption of
Temp. Reso. #1769, for one (1) year, and to not be kept on as regular
employees, and C/W Kelch SECONDED.
Mr. Gross said to enter the name of Robin Carpenter, Personnel Director,
with the City address and telephone, under b.(1), with the City of
Tamarac to be added on page 1 of the Memorandum.
VOTE: ALL VOTED AYE.
COMMUNITY DEVELOPMENT
39. Cypress III (Woodmont Tracts 68 and 77) - Revised Site Plan - Discus-
sion and possible action to approve an entry wall.
SYNOPSIS OF ACTION: Approved
C/M Disraelly said the revised site plan indicates the location of
six (6) entry walls, and Katie Braiman represented the developer, and
was in attendance, but advised that six different applications will
be required for the six (6) signs. He then MOVED that the revised
site plan be accepted, and V/M Massaro SECONDED.
C/W Kelch inquired whether the distance from the sign wall to the
property line has been satisfied, to which C/M Disraelly noted that
the measurement was not noted, but should be a ten (10) foot setback
from the property line.
VOTE: ALL VOTED AYE.
41. Heftler Homes - Bond Release - Temp. Reso. #1778 - Discussion and
possible action to release a subdivision improvement Letter of Credit
subject to submission of a one-year warranty bond, a sidewalk con-
struction bond and additional engineering fees.
SYNOPSIS OF ACTION: Tabled to reconvened meeting
of 11 14 80, to enable the City Attorney to
contact the issuing bank. .
The City Attorney read Temp. Reso. #1778.
V/M Massaro said the additional monies have been paid, for the fees,
with a copy of the check attached, in the amount of $2,013.37, but
inquired about the submission of the bonds. She also inquired whether
the sidewalk could be put in, rather than posting a bond for it.
Mr. Gross advised there was a buyer ready to close on the property,
and were close to a settlement.
V/M Massaro MOVED that Temp. Reso. #1778 be approved, subject to the
two (2) bonds; 1) $22,290.00 for the sidewalk, and 2) the Warranty
Bond in the amount of $79,340.43, with the third item to be deleted,
because the engineering fee has been paid. C/W Kelch SECONDED.
C/M Disraelly inquired whether the Letter of Credit was still good,
to which the Vice --Mayor asked if the bank has been contacted; and
then indicated that Coral Gables Federal has not released it, but
this item should be tabled to Friday, 11/14/80.
V/M Massaro WITHDREW HER MOTION, AND C/W Kelch concurred.
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11/12/80
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V/M Massaro then MOVED to table the item to Friday, 11/14/80, and
the City Attorney be instructed to call the bank and determine the
status. C/W Kelch SECONDED the motion.
VOTE: ALL VOTED AYE.
42. Woodlands - Bond Release - Temp. Reso. #1775 - Discussion and possible
action to release a cash bond posted to guarantee building code com-
pliance at 5304 Woodlands Boulevard.
SYNOPSIS OF ACTION: Adopted
RESOLUTION NO. R- Y_D ngf�/ PASSED.
The City Attorney read Temp. Reso. #1775, and V/M Massaro MOVED for
its adoption, and C/W Kelch SECONDED.
VOTE: ALL VOTED AYE.
44. Montwood - Tracts 47, 48 and 50 - Bond Release - Temp- Reso. #1777 -
Discussion and possible action to release a surety bond subject to
submission of a one-year warranty bond.
SYNOPSIS OF ACTION: Tabled to next regular
meeting, for input from proper persons.
The City Attorney read Temp. Reso. #1777.
V/M Massaro felt that Tract 49 was also involved, and did require
certification, plus additional information. She MOVED to table the
item to the next regular meeting of November 26, 1980, and C/M
Disraelly SECONDED the motion, and indicated that proper input should
be obtained by Mr. Gross, from all the people involved.
VOTE: ALL VOTED AYE.
45. Club Sho2Ping Plaza - Bond Release - Temp. Reso. #1763 - Discussion
and possible action to release a cash warranty bond posted for this
center.
SYNOPSIS OF ACTION: Adopted RESOLUTION NO.R- g0--,2,s ,'2, PASSED.
The City Attorney read Temp. Reso. #1763
C/M Disraelly advised that a report has been submitted from the
City Engineer, and stated that a bond was released for public improve-
ments last year; leaving a warranty bond of $783.88, which is being
requested. He MOVED to adopt Temp. Reso. #1763, releasing a cash
warranty bond, and V/M Massaro SECONDED.
VOTE: ALL VOTED AYE.
GENERAL ADMINISTRATIVE/FINANCIAL
12. Compensation Adjustment - Police Department Exempt employees - Dis-
cussion and possible action.
SYNOPSIS OF ACTION: Tabled to the
next regular meeting of 11/26/80.
Mr. Gross stated that this item was discussed at the Pre -Agenda
Meeting, and the exempt members of the Police Department were given
a 7% increase, as of 10/1/80, with the rank and file members having
been given a 12% increase. This, he said, would make some of the
rank and file members equal in pay with the exempt area, He sug-
gested that the pay be adjusted in the Department, in order to give
exempt members increases to the 12%, to be able to establish their
equal statue ahead of the union bargaining unit. He indicated that
memos were prepared for both Items #12 and #13, but did not have com-
plete input, and would recommend that they be held for Friday, 11/14.
Mayor Falck suggested that Item #12 be held for the next regular
meeting.
V/M Massaro MOVED that the item be tabled to the next regular meeting
of 11/26/80, and C/M Disraelly SECONDED.
VOTE: ALL VOTED AYE.
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13. Finance Department - Personnel - Discussion and possible action for
authorization to employ one additional employee to assist in the
refund program.
SYNOPSIS OF ACTION: Approved, with funds
to come from the Refund Account.
V/M Massaro said it has already been determined at the Pre -Agenda
Meeting that an additional employee is needed for the refund program,
and MOVED to hire a person, with funds to come from the Refund Account,
and C/M Disraelly SECONDED.
VOTE: ALL VOTED AYE.
Mr. Gross said that the Finance Department has their computer person
going through a training course for the balance of the week, in order
to operate the new Burroughs Computer. He anticipated that the first
refund checks will be sent out on December 15th, 1980.
Tape He said that CD's are handled, in order to take advantage of the
Side highest interest rate, and to the benefit of the City; also, con-
#9 sidering FNMAs and GNMAs.
14. Bid Authorization - Chambers Recording Equipment - Discussion and
possible action to approve authorization to go out for bid for this
budgeted equipment.
SYNOPSIS OF ACTION: Authorization granted,
with specs to be presented to Council.
C/M Disraelly indicated that discussion of this item was held at
the budget hearings, and MOVED that authorization be given to go out
for bid for 2-four (4) channel conference recorders, and one (1)
coupler.
Mr. Birken felt that the specifications should be more detailed.
C/M Disraelly AMENDED HIS MOTION to include authorization to prepare
the bids, and have them presented to Council, and V/M Massaro SECONDED.
VOTE: ALL VOTED AYE.
16. Tamarac Youth Soccer League - Presentation by League representatives
concerning land for a recreation complex.
SYNOPSIS OF ACTION: Presentation by Iry Tutunick,
but no action taken.
Iry Tutunick, a resident of Tamarac, represented all the people of
Tamarac, and indicated that there was one (1) major piece of property
left that is zoned for a park, which is located on Nob Hill Road on
a twenty (20) acre site. He displayed an aerial photo, and indicated
that the surrounding area was zoned multi -family. Mr. Tutunick said
that the Tamarac Soccer League requested that a plan be instituted
for a multi -sports complex, but will include other sports. The pres-
ent facility on University Drive, he said, was not adequately lit or
maintained, and one small park would not suffice, for a growing City.
Mr. Tutunick advised that the site under discussion was large enough
to encompass two (2) ballfields, three (3) soccer or football fields,
a vital course, tennis courts, with a building for the Recreation De-
partment, maintenance and parking. He noted that a meeting was held
with the City Engineer regarding the water storage tank, who showed
him plans that were made by the Consultants, for the City; and, would
place a storage tank in the intersection between two roads. This, he
said, as an architect, was poor planning. He further added that the
City should consider utilization of the facilities, by hiring a con-
sultant, to establish a master plan for the best use of the site.
He additionally stated that Mr. Keating indicated that the developer
in the area was interested in converting this to a park. He felt it
would be beneficial to the City, if discussions could be held with
the developer, for some financial arrangements, as to the proper direc-
tion of this property.
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V/M Massaro indicated that the developer has extensive plans for
a private park in the area, involving recreational facilities.
Mr. Gross stated that the lights in the park on University Drive
is for the ballfield, but the soccer field is south of this lighting,
which is not adequate.
Mr. Tutunick said if one light is turned to the corner of the field,
which is in darkness by 6:00 P.M., it would have to be done by the
Soccer League. He said there was a multitude of items that are im-
proper with the present park; namely, the grass, rocks, lighting and
maintenance.
Mr. Gross indicated there is not an adequate amount of fields in
the City during the various programs, with overlapping of different
organizations. He said it is much better than last year, with sod
being added to the grassed areas.
Mr. Tutunick added that the best portions of the field are the sodded
areas, but the football area is the north portion of the park,Base-
ball was utilizing the entire field, and soccer is being held in the
outfields, he said, which was poorly maintained.
Mr. Gross noted there was a problem with "mole cricket", which in-
volved the poor condition of the grass.
Sharon Ellis, the Recreation Director, then noted that the Public
Works Department placed the field under a maintenance program, with
experts being consulted, in order to determine the treatment for the
"mole cricket". But, she said, this condition spreads very quickly,
and chemicals have been ordered; which should result in containing
it, and restoration of the grass.
C/M Disraelly said that the water storage tank has been determined
to be centrally located in the City. But, he said, there has never
been a definite determination for the use of the fields, and the
various sports involved.
He indicated that a memorandum from one year previous did state
that the Soccer Association would sod and maintain the field, which
was to contract with the City, and purchase the funds and equipment
needed for sprinkling.
Mr. Tutunick said, that as a Board Plember and founder of the Soccer
League, he noted that dues were charged to each homeowner and player,
which covers the uniform, equipment and referee. The budget, he said,
was very limited from year to year, and would request that the City
hire a consultant to establish a master plan for the site, in conjunc-
tion with the Engineering Department. In response to the Vice -Mayor,
he said his plan would involve over $10,000 to sod one field, also a
mat which is used for sports fields, does keep the grass from being
torn, and runs approximately 50� per foot, and involves the figure
of $35,000.
C/M Disraelly indicated that it could be accomplished piece -meal,
and have one field done at a time, with a specific program.
Mr. Gross advised that last year a figure of $200,000 was discussed,
which included the building and parking, to which the Vice -Mayor
responded it could no longer be accomplished for this figure.
Mr. Tutunick said that the City Engineer felt it would be approxi-
mately $70,000 in landscaping to hide the water storage tank; which
could be incorporated into a passive area for picnicking and a tot --lot.
The City Manager further stated that the $200,000 did not include
lighting.
COMMUNITY DEVELOPMENT
46. Polish American Club - Discussion and possible action on a request
to grant an exception permit to Code Chapter 20 for construction of
a meeting place in the Tamarac Business Center on Commercial Boulevard
east of State Road 7.
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SYNOPSIS OF ACTION: To be expedited with the City Planner
Walter Rekuc, President of the Polish American Club, a resident
of Tamarac for the past eight years, indicated that plans to build
has been discussed for many years. He said they have a tenant who
would be anxious to occupy this building, in order to make it self -
subsisting. Mr. Rekuc said the organization is a non-profit one,
but pays taxes to the City, and has been in existence for the past
15 years, and was requesting a waiver of the platting requirement.
He indicated that the company desiring to rent was in a $300,000.000
bracket,from Atlanta, Georgia, and in existence since 1913, where.a
time schedule was involved. Mr. Rekuc stated that the architect
reviewed this building with the City Planner, and the parking deter-
mination was more than required.
Mr. Rekuc felt this building would be for the community, and was
located east of 441, on the south side, between a tire and carpet
company, on Commercial Boulevard.
Fie reviewed the various functions of the Polish American Club, such
as contributions to the libraries, promoting culture, displays of
arts and crafts, educational programs in the Public School System
consisting of language programs. He noted that members of the Club
have assisted in promoting additional gasoline in the world, and is
a member of the Hall of Fame; also, another member invented synthetic
rubber during World War II, and assisted in putting the Army on wheels.
The aim, he said, of the Club,is for the development of the community.
Mr. Rekuc indicated the various areas of the building, also, advising
that the insurance company would use it from 8:00 AM to 5:00 PM,
five days a week. He said that at some future date, they would con-
sider platting this building, but indicated that if the building is
not completed in 6 months, then the project has to be abandoned for
one or two years.
He concurred with C/M Disraelly as to setback requirements, beautifica-
tion and landscaping, and would anticipate that it be a "Palace of
Culture", which is their objective.
Tape Mr. Birken said that if a preliminary plat is prepared, a site plan
Side would be required, in order for approval to be given by Council at
#10 the same time. The plat, at that time, could be taken to the County
Commission, and the City could, under certain conditions, permit
pulling of the building permit. But, he said, the requirements would
include that there could be no Certificate of Occupancy, until the
plat was approved and recorded by the County. It would then allow
them the time which is needed.
Mr. Rekuc requested that Council look at the platting, page 20.5
and 20.6, under Exception Permits, and read that portion. He said
this would not set precedence in any way for other unlike conditions,
and was not detrimental to the interest of the community, the property
was adequately zoned, water and sewer facilities are included, with
no additional roadway or easements required, and no dedication of
recreation land.
Evan Cross, the City Planner, indicated that a preliminary plat is
basically considered to be a survey of the property; but, a final
plat has the language, cover sheet, acknowledgment and dedications.
Mr. Cross advised that the survey has to be submitted with the pre-
liminary site plan, and a final plat cannot be submitted, until the
preliminary site plan and plat have been through the Planning Commis-
sion.
C/M Disraelly advised that the plat, which was presented with metes
and bounds, would satisfy, to which Mr. Cross said it would have to
be redrawn, in order to be proper.
C/M Disraelly advised that the following procedure was required;
that it goes through staff, which is then reviewed by the Building
Department, Engineering Department, Community Development Department,
and then the Fire Department, all in one day, on a Thursday. The
Wednesday, he said, after the Thursday, it can be heard by the
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Planning Commission. Thereafter, he noted that the City Council
will review the site plan, prior to issuance of permits. He addi-
tionally stated that Engineering has to review the area of drainage,
and the Utility, with authorization from the telephone company.
Mr. Rekuc advised that the utility has indicated the necessary lines,
and Florida Power and Light also noting that the necessary power is
available.
Mr. Cross said that from a staff and Planning Commission point of
view, there is a time frame delay, until the final site plan is sub-
mitted to Council for their presentation.
V/M Massaro said that dual or joint meetings would be necessary with
Planning Commission and the City Council. She felt that Evan Cross
could be assigned to work with Mr. Rekuc, in order to guide him as
to the necessary procedures, and the required time frame.
C/W Kelch advised Mr. Rekuc that he would be permitted to proceed
with his building, subject to the recording of the plat by the County.
Mayor Falck recommended that Mr. Rekuc work with Evan Cross, and
if it is necessary to hold a joint meeting, and the necessary approvals
and documents have been submitted, then they will assist him,as
quickly as possible.
MEETING WAS RECESSED TO FRIDAY, NOVEMBER 14, 1980, AT 9:00 A.M.
ATTEST:
ASSISTANT CITY CLERK
This public document was promulgated at
$/d-,�-26-_per copy, to inform the general
and employees about recent opinions and
Council of the City of Tamarac.
a cost of or
public and public officers
considerations by the City
APPROVED BY
CITY COUNCIL ON
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