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1980-12-02 - City Commission Regular Meeting Minutes
A P. 0. BOX 25010 TAMARAC, FLORIDA 33320 FIRST CLASS MAIL CITY OF TAMARAC, FLORIDA CITY COUNCIL REGULAR MEETING AGENDA TUESDAY, DECEMBER 2, 1980 (Recessed from Wednesday, November 26, 1980) It has been determined that the Regular City Council Meeting to be held on Wednesday, November 26, 1980, will be opened at 9:30 A.M., and immediately recessed to 9:30 A.M., December 2, 1980. CALL TO ORDER: 9:30 A.M. ANNOUNCEMENT OF TIME ALLOCATIONS - MOTIONS TO TABLE - The Chair at this time will announce those items which have been given a specific time to be heard, and will entertain motions from Council members to table those items which require additional research. Council may agendize by majority consent, matters of an urgent nature which have come to Council's attention after publication. TAMARAC UTILITIES -- WEST 1. Operations - Status - Discussion and possible action. 12/2-Pg.I o opertng.probs. PRESENTATIONS/AWARDS Rpt.by Cty.Mgr. 2. Employee Service Awards - Presentations by the City Manager 12/2-Pg.1-5 yr. of Five --Year Pins to Judy Bernstein of the Legal Department, pins to J.Bern- and Mimi Reiter of the City Clerk's Department; and a Ten- stein & M.Reiter; Year Pin to Nora Hoopes of the Building Department. 10 yr. pin to N. Hoopes 3. Employee of the Month - Presentation by the City Manager 12/2-Pgs.2,3 of awards to the Employee of the Month for October. To P.Polikoff. 4. Consent Agenda - Items listed under Item #4, Consent Agenda,12/2-Pg.3 are viewed to be routine and the recommendation will be a)thru k) appvd. enacted by one motion in the form listed below. There will 1)thru p) appvd. be no separate discussion of these items. If discussion is desired, then the item(s) will be removed from the Consent Agenda and will be considered separately. a) Minutes of 3/24/80 -- Special Meeting - Approval recom- mended by City Clerk. b) Minutes of 3/24/80 - Reconvened Special Meeting - Ap- proval 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) Minutes of 10/20/80 - Special Meeting -- Approval recom- mended by City Clerk. k) Minutes of 11/4/80 - Special Meeting - Approval recom- mended by City Clerk. 1) Alan F. Ruf - Consulting Attorney - 11/20/80 - $640.00- Approval recommended by City Attorney. m) Williams, Hatfield & Stoner - Consulting Engineer - 10/23/80 - $1,146.25 - Account #429-202-080 - Approval recommended by the City Engineer. n) Williams, Hatfield & Stoner - Consulting Engineer - 10/30/80 - $554.00 - Account #1-202-080 - Approval recommended by the City Engineer. o) Muller, Mintz, Kornreich, Caldwell & Casey - Special Counsel -- 10/30/80 - $3,483.94 - Approval recommended by City Attorney. p) Williams, Hatfield & Stoner - Consulting Engineer - 10/20/80 - $1,860.25 - Account #429-371-536-623 and #429-202-080 - Approval recommended by City Engineer. LEGAL AFFAIRS 5. Milledge and Hermelee - Special Counsel - Executive Airport Report on services, discussion and possible action. 6. Woodmont Tracts 74 and 75 - Tem . Reso. #1781 - Discussion and possible action to authorizeexecution of Stipulation No. 7 relating to Rissmont, developer of this property, becoming a HOW Builder. 7. Woodview Villas - Tract 38 - Discussion and possible action on: a) Temp. Reso. #1782 - Acceptance of Bill of Sale for roads and utilities. b) Temp. Reso. #1._783 -- Release of subdivision improvement - Letter of Credit with submission of one-year warranty bond. 8. University Community Medical Plaza - Discussion and pos- sible action concerning a Letter of Credit posted as security for installation of a positive outfall drainage line. 9. International Association of Firefighters - Local 2600 - Agreement_-- Temp. Reso.#1773 - Report, Discussion and possible action to approve this agreement. 10. Consumption of Alcoholic Beverac)es - Temp. Ord. #827 - cussion and possible action to prohibit consumption of alcoholic beverages in certain areas of the City. First Reading. PAGE TWO. •12/2-Pgs.3,4,5 r.Mill.to review reimb.Lit.to cant. 2/2-Pgs.5,6,7 ew Stip.#7 to be rep. by Cty.Att. Tbld.to 12/10/80. 12/2-Pg.7 a)Adptd.R-80-259 b)Adptd.R-80-258 12/2-Pg.17 Tbld. to 12/10/80 mtg.for fur.con. 12/2-Pg.7 ciopted for 2-year grmnt.R-80-260. Dis- 12/2-Pg.8 lAppvd.on 1st rdg. PAGE THREE. 11. All Florida Sanitation - Franchise Cancellation - Temp.Ord.12/2-pg.8 #830 - Discussion and possible action to repeal Ordinance kppvd.on lst rdg. No. 80-48, which authorized a commercial garbage collection franchise for All Florida Sanitation. First Reading. 12. Charter Amendment -- Temp. Ord. #833 - Discussion and pos- sible action 1981 ballot, Reading. to place a Charter Amendment on the March 10, relating to City Council salaries. First GENERAL ADMINISTRATIVE/FINANCIAL 2/2-Pg. 3 ppvd.on 1st rdg. 13. Heathgate - Sunflower Holiday Parade - Discussion and pos- 2/2-Pg. 18 sible action to waive the fee for a parade sponsored by ees waived for the Heathgate-Sunflower Homeowners Association. ec. 13,1980 parade. 14. Compensation Adjustment - Police Department - exempt employees - Discussion and possible action. (Tabled from 11/12/80) 15. International S stems, Inc. -- Grant Consultants - Discus- sion and possible action concerning this organization to serve as grants consultant for the City. 2/2-Pg.11-P.D.not n bgning.unit. uar.income not gr dif.bet.7%& 2/2-Pg.12 ay.auth.to inf. tv. not int. 16. Holiday Festival of Lights - Discussion and possible action 2/2--Pg.12,13 on: )Various contrib. ccept.by Cncl. a) Report on handling of contributions and expenditures. b) Budget transfer for City's contribution. )Budget trans. of necessary. 17. Bid Award - Insurance - Temp. Reso. #1784 - Discussion and 2/2-Pg.13 possible action to award a bid for boiler and machinery 3id in amt. of insurance. 5,369.00 awded. 18. Broward Employment and Training Administration -- Discussion 2/2-Pgs.13,14 and possible action to reimburse B.E.T.A. for monies paid eimb.in amt. of to the City in error. �1733 approved. 19. Public Service Commission Refund - Discussion and possible 2/2-Pgs.14,15 action to authorize employment of one temporary part-time fkppvl.granted to employee to assist in the refund process. d 1 temp.Fin.Dep 20. Christmas Tree Sales - Discussion and possible action con-- 2/2-Pgs.17,18 cerning request to permit sale of Christmas Trees on vacant io action taken. property on the northwest corner of University Drive and 57th Street. PUBLIC HEARINGS - 2:00 P.M. 21. G.M.G. Investment Co. - Petition #46-Z-80 - Discussion and 2/2-Pgs.20,21,31 possible action to consider a request for Limited Waiver to ptd-Res.80-262. parking requirements at the Isles of Tamarac Recreation Parcel located at 10500 N.W. 70th Street -- Temp.Reso.#1785. 22. H.L.R. , Inc. - Rezoning Petition #47-Z-80 - Discussion and 2/2-Pgs.21,22,23, possible action to rezone vacant land east of Vanguard 25 Village from R-lB to R-3, by Temp. Ord. #834. First Reading ld.to 12/24/80. 23. H.L.R. , Inc. - Rezoning Petition #48-Z-80 - Discussion and 12/2-Pgs.23,24,25 possible action to rezone land which extends westward from Tbld.to 12/24/80. the eastern City limits toward Vanguard Village from R-IB to R-4A, by Temp. Ord. #835. First Reading. 24. Carlone's Restaurant - Special Exception - Petition #49-Z- 12/2-Pg.25 80 - Discussion and possible action to approve a request to Adptd.,subj.to allow on -premises consumption of alcoholic beverages at 2:00 AM closing; 7111 W. Commercial Boulevard in the Commercial Garden Mall, non-trans.lic. by Temp. Reso. #1786. No PAGE FOUR. 25. Charter Board Proposed Charter Amendment - Discussion and 12/2-Pgs.25,26 possible action on a proposed amendment to the Charter to No further action allow primary elections of major or minor political parties taken. to nominate candidates for general elections, and to allow independents and others to be candidates for the offices of Mayor, Council and Charter Board. 26. Code Chapters 20 and 24 - Temp. Ord. #819 - Discussion and 2/2-Pg.26 possible action to correct conflicts between Chapters 20 - ptd.as amend.on Platting and 24 - Subdivision Improvements. Second Reading,2nd rdg.ORD80-119 27. Animal Control - Temp. Ord. #825 - Discussion and possible 2/2-Pg.27 action to amend Code Chapter 4 by prohibiting the keeping kdptd.on 2nd rdg. of wild animals. Second Reading. RD-80-118. 28. Florida Uniform Contraband Transportation Act - Temp. Ord. 12/2-Pg.27 #829 - Discussion and possible action to establish a Law Adptd.on 2nd rdg. Enforcement Trust Fund for deposit of monies derived from ORD.-80-117. the sale of contraband. Second Reading. The following Public Hearings are City initiated Rezonings, pursuant to the adoption of the Land Use Element of the City's Comprehensive Plan. 12/2-Pg.28 29. City Rezoning Petition #37-Z-80 -- Discussion and possible action to rezone land on the west side of 94th Avenue north Tabled. of Visual Graphics, extending westward 2600 feet from R-4A to RM-10, by Temp. Ord. #836. First Reading. 30. City Rezoning Petition #38-Z-80 - Discussion and possible 12/2-Pg.29 action to rezone land on the east side of 94th Avenue south Tabled. of Colony West Executive Golf Course, extending 1000 feet eastward from R-4A to RM-10, by Temp. Ord. #837. First Reading. 31. City Rezoning Petition #39-Z-80 - Discussion and possible 12/2-Pg•29 action to rezone land west of Paradise Estates from R-4A Tabled. to R-lB, by Temp. Ord. #838. First Reading. 32. City Rezoning Petition #40-Z-80 -- Discussion and possible 12/2-Pgs.29,30 action to rezone land on the east side of 94th Avenue, Tabled, w/rezoninc 420 feet north of 58th Street, from R-3 to RM-10, by Temp._ research submittec Ord. #839. First Reading. to Council by C.A. 33. City Rezoning Petition #41-Z-80 - Discussion and possible 12/2-Pg.30 action to rezone land on the east side of 88th Avenue, Tabled for further south of the Colony West Clubhouse area from R-4A to RM-10, consideration. by Temp. Ord. #840. First Reading. 34. City Rezoning Petition #42-Z-80 - Discussion and possible 2/2-Pg.30 action to rezone the southeast corner of 88th Avenue and led for further McNab Road, from R-4A to RM-10, by Temp. Ord. #841. First rnsideration. Reading. 35. _City Rezoning Petition #43-Z-80 - Discussion and possible 2/2-Pgs.27,28 action to rezone land on the east side of University Drive, Denied. south from 64th Street to St. Malachy Church property from R-3 to RM--10, by Temp. Ord. #842. First Reading. 36. City Rezoning Petition #44-Z-80 - Discussion and possible 12/2-Pg.30 action to rezone land on the south side of Commercial Tabled for further Boulevard,west from 47th Terrace to the turnpike from B-1 consideration. to R-3U, by Temp. Ord. #843. First Reading. 37. City Rezoning Petition #45-Z-80 - Discussion and possible 12/2-Pg.31 action to rezone land on the northwest corner of Prospect Apprvd.on 1st rdg. Field Road and 21st Avenue, from B-2 to M-1, by Temp. Ord. as amended. #844. First Reading. �� PAC R PTVF. _ COMMUNITY DEVELOPMENT 38. Land Section 7 - Discussion and possible action concerning 2/2-Pgs.19,20 rezoning land in this area pursuant to the Land Use Plan. rabld.to 12/10. 39. Isles of Tamarac - Revised Site Plan - Discussion and pos- 2/2-Pg.31 Bible action to approve a revised site plan to expand the Fabid.for future clubhouse. eview. 40. Mainlands Section 9 -- Revised Site Plan - Discussion and 2/2-Pgs.31,32 possible action to approve a revised site plan for a porch %pproved. enclosure on the clubhouse. 41. Cypress of Woodmont - Tract 61 - Revised Site Plan - Dis- 2/2-Pg.32 cussion and possible action to approve construction of an �pproved as amend. entrance wall. 42. Woodmont Plaza - Discussion and possible action on: 2/2-Pg.32 Fabled upon rec. a) Site Plan f Cty.Engr. b) Plat - Temp. Reso. #1787 c) Landscape Plan d) Development Review Agreement e) Water and Sewer Developers Agreement Located at the northeast corner of McNab Road and 80th Avenue. 43. Brookwood Gardens - Discussion and possible action on: 12/2-Pgs.32,33 a) thru e) Tbld. a) Site Plan until orig.deed b ) Plat - Temp. Reso . # 17 8 8 is received on c) Landscape Plan Road R-O-W dedic. d) Development Review Agreement e) Water and Sewer Developers Agreement Located on the north side of McNab Road, between University Drive and 70th Avenue. REPORTS 44. City Council 45. City Manager 46. City Attorney R-3 - Low Density Multiple Residential R-4A = Planned Apartments S-1 - Open Space/Recreational B-1 = Neighborhood Business B-2 = Planned Business B-3 - General Business B-5 - Business District, Limited City Hall will be closed Thursday and Friday, November 27 and 28, 1980, to celebrate Thanksgiving holiday. There will be garbage collection for residential areas on Thanksgiving Day, for those areas that have a regular pick-up on Thursdays. Pursuant to Chapter 80-105 of Florida Law, Senate Bill N0.368: 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. CITY OF TAMARAC MARILYN BERTHOLF CITY CLERK SPECIAL MEETING 11/25/80 - Special Meeting - 11:00 A.M. - City Manager Interviews AGENDIZED BY CONSENT 47. Social Service Van Drivers - Discussion and possible action. 48. Slurry Seal - Mainlands 1 - 5 - Discussion and possible action. L2/2W-Pgs. 8, 9 Cabled to 12/10. L2/2-Pgs.15,16,17 Cabled to Mtg. L2/10/80. CITY OF TAMARAC, FLORIDA REGULAR CITY COUNCIL MEETING DECEMBER 2, 1980 (Reconvened from 11/26/80) CALL TO ORDER: Mayor Falck called the reconvened meeting to order on Tuesday, December 2, 1980, at 9:30 A.M., in the Council Chambers. I:ii)1I MIYA-89 PRESENT: Mayor Walter W. Falck Vice Mayor Helen Massaro Councilman Irving Disraelly Councilwoman Marjorie Kelch Councilman Irving Zemel ALSO PRESENT: City Manager Edward A. Gross City Attorney Arthur M. Birken Asst. City Clerk Carol Evans Clerk/Steno Mimi Reiter MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Falck called for a Moment of Silent Meditation followed by tie Pledge of Allegiance. Mayor Falck reviewed the schedule of items and times involved on the Agenda. 47. Social Service Van Drivers SYNOPSIS OF ACTION (See Pages 8 & 9) Discussion and possible action. AGENDIZED BY CONSENT. Councilwoman Kelch MOVED to AGENDTZE BY CONSENT an Item concerning Social Service Van Drivers, discussion and possible action. Vice Mayor Massaro SECONDED the Motion. VOTE: ALL VOTED AYE. 48. SlurrX Seal. - Mainlands 1 - 5. Discussion and possible action regarding payment for work. SYNOPSIS OF ACTION: See Pages 15 - 17) AGENDIZED BY CONSENT. Councilwoman Kelch MOVED to AGENDIZE BY CONSENT an Item concern- ing Slurry Seal - Mainlands 1 - 5. Discussion and possible action regarding payment for work. Vice Mayor Massaro SECONDED the Motion. VOTE: ALL VOTED AYE. TAMARAC UTILITIES - WEST 1. Operations - Status Report - Discussion and possible action. SYNOPSIS OF ACTION: No operating problems. Report by City Manager. City Manager Ed Gross announced therecv ll be no discussions this morning; everything is moving along at a good pace - including the PSC refunds which are on schedule. Mr. Gross said the deadline on the refunds will be met and a meeting had been held with the Post Office people to assure the checks will not be lost in the mail. Vice Mayor Massaro inquired if the research had been completed on the Broadview Utilities relative to the water and sewer agreement. City Attorney Arthur Birken replied the research has been completed and a memo has been prepared on the subject. Vice Mayor Massaro requested a copy of the Agreement be routed to members of Council for review. The Vice Mayor also asked to see the Certificate of Convenience and Necessity as she wished to review it. Mr. Birken stated the question is, what steps can be taken to modify the Certificate of Convenience and Necessity. Vice Mayor Massaro said she would like to see what conditions it was obtained under, and know -1- 12/2/80 /lc Reconvened 11/26/80 Mtg. the exact area covered - who is responsible for the installation of new lines, and who owns the present lines and installed them. Also, the Vice Mayor questioned if the City has to allow new lines. She commented it would be helpful if the City Attorney will give the answers to those questions. PRESENTATIONS AND AWARDS 2. Employee Service Awards - Presentations by the City Manager of Five - Year Pins to Judy Bernstein of the Legal Department and Mimi Reiter of the City Clerk's Department; and a Ten -Year Pin to Nora Hoopes of the Building Department. SYNOPSIS OF ACTION: Five-year pins awarded to Judy Bernstein and Mimi Reiter; ten-year pin to Nora Hoopes. City Manager Ed Gross said five years ago when Mimi Reiter came to the City most people did not know her and even today she is one of the quiet ones in City Hall and most people do not know too much about her, but because of the time she spends at the Council Meetings they know her and she is an excellent employee and does her job efficiently. On behalf of the City and the City Council, Mr. Gross said he was very happy to present Mimi with her five-year pin. Councilman Disraelly commented that Mimi is also the other "little one" in the office. City Manager Gross noted the next pin was a five-year pin, but probably should be a ten-year pin because Judy had probably aged that much in five years working for Arthur Birken. He said he was very happy to award the medal of honor for heroism, etc. - the five-year pin - to Judy Bernstein. Arthur Birken commented that Robin Carpenter came into his office and listened to Judy type and said she must be typing 120 words a minute, and last time she was tested it was 85 or 90, so she has something to thank him for - the additional skills. Vice Mayor Massaro commented if Mr. Birken left, he would have to take Judy with him since he wouldn't be able to get along without her. Mr. Gross said the last pin was a ten-year pin, and that is a milestone in Tamarac - there are not too many ten-year members. He said he could say the same for Nora he said for Judy -- probably she has aged twenty years during the ten years she has been with the City. Mr. Gross noted Nora gets most of the yelling and screaming in the Building Department. She does an excellent job and the City is happy and proud to have her and anyone who has been involved in building in the City has met Nora and realized what kind of a job she does for the City, and she is one of the unsung heroes. Mr. Gross presented Nora Hoopes with her ten-year pin and commented he hoped she will make it through twenty and on behalf of everyone, a really big "thank you". Councilwoman Kelch congratulated the recipients of the employee service awards. She commented nobody looks like they have aged a day. 3. Employee of the Month - Presentation by the City Manager of awards to the Employee of the Month of October. SYNOPSIS OF ACTION: Awards presented to P yllis Polikoff. Mr. Gross explained each month the employee of the month is selected by their peers and it is very important to the employee and to the City. The Committee does not get the name of the employee to be selected, only what the employee does. City Manager Gross said it was a honor for him to award the Employee of the Month award to someone who does not expect to receive it and he stated the recipient worked in several jobs with the City - she had worked in the City Managers Office and did a great job for them. Mr. Gross presented the awards to Phyllis Polikoff. He noted she is a resident of the City and worked for his department and he knows the type of job she does and appreciates it. -2- 12/2/80 /lc Recon. 11/26/80 i Mayor Falck spoke for the to those who received the the Employee of the Month. Council and expressed the the City for many years to 4. Consent Agenda - Council and extended thanks and appreciation Employee Service Awards and to Phyllis Polikoff, The Mayor expended the best wishes of the sincere hope that Phyllis will continue with come. a) Minutes of 3/24/80 - Special Meeting - Approval recommended 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 recommended 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 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 10/1/80 - Reconvened Regular Meeting - Approval recommended by City Clerk. i) Minutes of 10/8/80 - Regular Meeting - Approval recommended by City Clerk. j) Minutes of 10/20/80 - Special Meeting - Approval recommended by City Clerk. k) Minutes of 11/4/80 - Special Meeting - Approval recommended by City Clerk. 1) Alan F. Ruf - Consulting Attorney - 11/20/80 - $640.00 -- Approval recommended by City Attorney. m) Williams, Hatfield & Stoner - Consulting Engineer - 10/23/80 $1,146.25 - Account #429-202-080 - Approval recommended by City Engineer. n) Williams, Hatfield & Stoner - Consulting Engineer - 10/30/80 - $554.00 - Account #1-202-080 - Approval recommended by City Engineer. o) Muller, Mintz, Kornreich, Caldwell & Casey - Special Counsel - 10/30/80 - $3,483.94 - Approval recommended by City Attorney. p) Williams, Hatfield & Stoner - Consulting Engineer - 10/20/80 - $1,860.25 - Account #429-371-536-623 and #429-202-080 - Approval recommended by City Engineer. SYNOPSIS OF ACTION: a thru k - approved as amended. 1 thru p - approved. Councilman Di.sraelly MOVED APPROVAL of Items a through k as amended and Items 1 through p as presented. Councilman Zemel SECONDED the Motion. VOTE: ALL VOTED AYE. LEGAL AFFAIRS 12. Charter Amendment - Temp. Ord. �833 - Discussion and possible action to place a Charter Amendment on the March 10, 1981 ballot, relating to City Council salaries. First Reading. SYNOPSIS OF ACTION: Approved on first reading. 1 ev96 The City Attorney read Temp. Ordinance #833. Councilman Zemel MOVED that Temporary Ordinance #833, Charter Amendment relating to City Council salaries be APPROVED on first reading. The Motion was SECONDED by Councilman Disraelly. ALL VOTED AYE. 5. Milled e and Hermelee - Special Counsel - Executive Airport - Report on services, discussion and possible action. ME 12/2/80 /lc Recon. 11/26/80 SYNOPSIS OF ACTION: Allan Milled to review possible reimbursement of City's legal fees. Litigation to continue, item to come back to Council when expenditures reach $15,000. TAPE Arthur Birken, City Attorney said he had distributed a copy of a memo - SIDE randum the previous day spelling out the costs incurred to date involving #2 the airport; including the feasibility study, the sound study and liti- gation. Vice Mayor Massaro said she had spoken briefly with Mr. Milledge the previous day and touched on the question as to the possibility of reim- bursement of legal fees through the Courts if it is determined the FAA erred in approvals, or a possibility of reaching out to any governmental agency seeking that type of assistance. Mr. Alan Milledge of Milledge and Hermelee noted they had discussed that the previous day. As far as the lawsuit itself, they do have that as a part of their prayer for relief, although there is no basis he is aware of that would give the Court the authority to charge the FAA for the legal fees. The Vice Mayor inquired if there is any possibility of research to deter- mine if there has ever been a basis for that type of action. Mr. Milledge said they would be happy to research the matter ;he said occasionally there are situations in which the successful party is reimbursed for legal fees - almost always under some special statutory authority. Mr. Milledge explained they are now near the cap set by the Council for expenditures in their Motion of September 10, 1980 and he felt a Motion to continue the litigation would be appropriate. Vice Mayor Massaro MOVED that the litigation continue and that Attorneys Milledge and Hermelee be authorized to continue to litigate through the Court Hearing and submit a report to Council. Councilwoman Kelch SECONDED the Motion. Councilman Zemel asked whether there are additional monies required above the cap that was set to cover the Court proceeding. The City tittorriey saiu iie t1iou6iit the iIotioa broad enough to cover any QuuitioLial expenditures that would be incurred. Councilman Disraelly questioned if there was no cap in the Motion ;City Attorney Birken said there is no cap in the Motion. Vice Mayor Massaro explained that was as far as her ?lotion went -- through the Court proceedings. She said she understood from the memorandum it is impossible to set a cap in the Court proceedings because they have no way of telling the City how much time is involved. Councilman Disraelly said it is now open-ended and when it reaches a certain point in time it should be brought back to Council - and the Motion before Council at the present time is $100,000 - $200,000--there is no figure there. Vice Mayor Massaro informed Councilman Disraelly that is not what she said. Councilwoman Kelch stated the Vice Mayor asked for a report at the end of the presentation resulting in the hearings, which is what she SECONDED. Councilman Disraelly said he thought Councilman Zemel Seconded the Motion. Beyond that, the Motion said "through the litigation" and they do not know what the end of the litigation is, and Councilman Disraelly suggested that they put an upset figure on it and when that figure is approached they come back, instead of leaving an open-ended figure which is what the Motion is.at that particular moment. After discussions with Mr. Milledge the previous day, Councilman Disraelly noted certain figures were given to them and he would like to AMEND THE MOTION to state when the expenditures reach a maximum of $0 ,000. being proposed, that it then comes back to Council. Vice Mayor Massaro said she was willing to accept that amendment. Councilwoman Kelch SECONDED the amendment. The City Attorney stated this is the only litigation they are involved with where there is a cap, and it is within the prerogative of Council. Councilman Disraelly said he still thinks it should come back to Council and not be open-ended and it is a determination for Council to make. Vice Mayor Massaro stated she wanted it understood that after the hearing Council wants to know what the results are before spending any more money. -4- 12/2/80 /lc Recon. 11./26/80 1fl6l" Councilman Disraelly commented they have to get a report and they are going to Court, then there will be a judgment handed down by the Court at which time they will have a report by the Court as well as Mr. Milledge. City Attorney Birken suggested they need a very simple Motion and he suggested the Motion and Second be withdrawn, the Amendment and the Second be withdrawn; and authorization to spend an additional $15,000. up to the point of a decision on the motion for preliminary injunction. Councilman Disraelly said they have a Motion and an Amendment to the Motion and it should be left at that point; the original Motion was to take it through Court procedure and the amendment was to have a maximum sum at this point. The question was called on the AMENDMENT. ALL VOTED AYE. Amendment passed. The question was called on the MOTION AS AMENDED. VOTE: ALL VOTED AYE. 6. Woodmont Tracts 74 and 75 - Tem . Reso. #1781 - Discussion and possible action to authorize execution of stipulation No. 7 re- lating to Rissmont, developer of this property, becoming a HOW Builder. SYNOPSIS OF ACTION: City Attorney to prepare a new stipulation #7 regard- ing Rissmont becoming a HOW builder. Tabled to 12/10/80 meeting. The City Attorney read Temporary Resolution #1781. He noted he had received the signed stipulations that morning and there was one minor change made by Mr. Rissman and Mr. Tiballiwhich had to do with chang- ing paragraph 3 to allow a building permit for a seven -unit model and sales building.by Rissmont without having received HOW certification. The model building would not be occupied while being utilized as a sales center; they are not sure how long it will take to get the HOW certification and they want to at least be able to start working on the model before they have the HOW certification. However,they will not occupy the premises before they have the Certification. Mr. Birken said the exact language in the stipulation is that: A building permit for the seven unit model and sales building can be obtained by Rissmont without having received HOW certification; this model, building will not be occupied while it is being utilized as a sales center. Vice Mayor Massaro said she found strong objection to that. If they have not been certified as a HOW builder by that time, there is pro- vision in the Ordinance which allows them to put up a certain amount of money for each unit, and if the City does not have that there is a tendency to forget along the line and it can become an occupied apartment later. The Vice Mayor stated there is no reason they can't put up the money for the seven units as required by Ordinance, and she thought it should be required. The City Attorney said the question had to do with timing - Mr. Rissman wanted to have in the Court Order that he would be a HOW builder by the time he was ready for the C/0's and the City Attorney objected. However, Mr. Rissman was hopeful of being ready to obtain his building permits in the near future and he does not know how long HOW will take to process his paper work; he has been delayed a long time already and had wanted to start some time ago. Mr. Birken said if this is objectionable they can go back -- the Vice Mayor said it is fine except if he wants a C/O he must put up the money if he isn't certified as a HOW builder. Councilman Disraelly stated the last paragraph of the Stipulation must be stricken - the Vice Mayor agreed. Councilman Disraelly said Rissman can come in for those seven building permits, but he has to put up the money for each unit he is asking a building permit for. The Vice Mayor said before he gets a C/O -- she noted it cannot be used as a model before the C/O is issued -- The City Attorney explained the Ordinance requires the $1500. for each unit at the time of C/O. Vice Mayor Massaro stated 5611 12/2/80 /lc Recon. 11/26/80 C that is exactly what Council should require. City Attorney Birken said the language should read if Rissmont is not a HOW certified builder by the time the model building is ready for a certificate of occupancy; in addition to the fact it will not be occupied Rissmont shall be obligated to pay a $1500 cash bond to the City. The Vice Mayor said it should also indicate he can not get a permit to use the building as a model -sales building until such time as he has a C/O. Councilman Disraelly noted the Stipulation says "the first building permit". The City Attorney said the language he read said "other than the model building" which is the language that came back to him that morning. The City Attorney read the language in the stipulation again - "A building permit for the seven unit model and sales building can be obtained by Rissmont without having received HOW certification. This model building will not be occupied while it is being utilized as a sales center." City Manager Gross pointed out that under City Ordinance the $1500 is for a three-year period. The HOW is a ten-year period. Mr. Gross questioned if they go to the $1500. and they use the model for three years, the person buying the house has no protection. If they have the HOW they would have seven years protection left on their house. Mayor Falck said all of that was taken into consideration at the time the Ordinance was written and the Vice Mayor is correct,that the Ordinance must be followed as required. Councilwoman Kelch noted the Stipulation is being addressed, and the builder is at a standstill as far as the model sales is concerned until the HOW protection comes through. Further, she stated she saw nothing wrong with the addition - as long as there is a clear understanding the Ordinance will be followed concerning the issuance of a C/O. Either he is a HOW builder at that time or he will put up cash. Councilman Disraelly read the first part of Article III which said the builder will, prior to obtaining the first building permit, be able to furnish all buyers of units -- and the model sales is the first building and the language will have to be clarified, also. The Vice Mayor said the word "however" will take care of that. The City Attorney agreed. Vice Mayor Massaro said she thought the City Manager had made an important TAPE point, and she said the potential buyer should be protected by having SIDE the same length of time required as is required for the HOW builder. #2 Councilman Disraelly commented he would become a HOW builder in the time it would take to build the first building after the models. The Vice Mayor said he might, but she did not feel the Council can suppose anything. Mayor Falck requested Mr. Birken to take care of that. Councilman Disraelly said the matter would not be handled until the revised stipulation is received. Councilman Disraelly said he preferred to see it in writing. Melanie Reynolds said she is very confused about the reliance on HOW. She said she lives in a Building with HOW and can get nothing done because everything goes back to the developer, or contractor or whoever they call the builder. She said they have structural defects at Sands Point and have written to HOW and HOW says it is the builders responsibility and the builder does nothing. Mrs. Reynolds said she can't understand the protection HOW offers. Vice Mayor Massaro stated if HOW is not doing what they should do, Council would want to know about it. City Manager Gross said the City has received nothing from any of the organizations at Sand Point. Mrs. Reynolds said she thought Council should investigate HOW before demanding a builder must have HOW. Vice Mayor Massaro suggested the Council can do nothing until such time as those in authority at Sands Point bring the matter to the attention of the City and she suggested Mrs. Reynolds tell them so. Mayor Falck said there have been no problems brought to his attention regardless of what may be involved. However, he agreed there should be something official from the condominium association that they could take to the HOW people. -6- 12/2/80 /lc Recon. 11/26/80 7--.. _ _j t City Attorney Birken suggested to Council that problems between a home -owner and builder are a private matter and not a governmental matter. Vice Mayor Massaro MOVED that the City Attorney prepare a new Stipulation #7 taking into consideration the subjects discussed at the Council Meeting of December 2 and that the Item be TABLED to the next regular meeting for further consideration. The Motion was SECONDED by Councilman Disraelly. VOTE: ALL VOTED AYE. 7. Woodview Villas - Tract 38 - Discussion and possible action on: aT Temp. Reso. #1792- Acceptance of Sill of Sale for roads and utilities. b) Temp. Reso. #1783 - Release of subdivision improvement Letter of Credit with submission of one-year warranty bond. SYNOPSIS OF ACTION : a) Temp. Reso. #1782 RESOLUTION NO. R-&?-,, ,59 PASSED adopted. Temp. Reso. #1783 Adopted. RESOLUTION NO. R-80 a�B-PASSED a) The City Attorney read Temp Resolution #1782. Vice Mayor Massaro said they have a clear bill of health on this, and she MOVED the APPROVAL of the Bill of Sale and the Letter of Credit for Woodview Tract 38, Phase I. Councilman Disraelly SECONDED the Motion. VOTE: ALL VOTED AYE. b) The City Attorney read Temp. Resolution #1783. Vice Mayor Massaro MOVED the APPROVAL of Temporary Resolution #1783 releasing the improvement Letter of Credit subject to the submission of a one-year warranty bond in the amount of $51,817.61. Councilman Disraelly SECONDED the Motion. VOTE: ALL VOTED AYE. 9. International Association of Firefighters - Local 2600 - Agreement - Temp. Reso._#1773 - Report, Discussion and possible action: SYNOPSIS OF ACTION: Adopted for RESOLUTION NO. R- 90-Q24v0 PASSED two-year agreement. The City Attorney read Temp. Resolution #1773. City Manager Gross explained the City has continued to negotiate with the Firefighters and the agreement is basically the same agreement as last time. The only changes are the pay increase of 10% and 10% of the two-year contract. Also, there is a change in the amount of time a person works out of classification which was a minor change and with help from the Fire Chief it should be inexpensive to the City. Mr. Gross said basically it is a good contract and it is recommended it be passed. It has been approved by the Firefighters and the City has signed copies. Councilman Disraelly said the City Manager has outlined the basic changes that have taken place, and they had been waiting for the signatures of the Firefighters. The City's negotiating team and Personnel worked with the Council delegate on the problem and it has been resolved, and it is a good Contract. Councilman Disraelly MOVED ADOPTION of the Resolution accepting the Agreement for two years. Councilwoman Kelch SECONDED the Motion. VOTE ALL VOTED AYE. The City Manager said he thought Item #8 on the Agenda should be tabled until the next Meeting. The Letter of Credit does not come due until the 20th and they do not have the extension in the City. Mr. Gross said they did not receive the required extension and he would like to make sure that they have it. The City Attorney suggested waiting until afternoon to take any action. -7- 12/2/80 /lc Recon. 11/26/80 L 7_7 10. Consumption of Alcoholic Beverages - Temp. Ord. #827 - Discussion and possible action to prohibit consumption of alcoholic beverages in certain areas of the City. First Reading. SYNOPSIS OF ACTION: Approved on first reading. 1 111-0 The City Attorney read Temporary Ordinance #827. He said the Ordinance was requested by the Police Chief and it will cover situations such as drinking in the Seven -Eleven Parking Lot and outside the Bowling Alley. Councilman Zemel MOVED that Temporary Ordinance #827 be ADOPTED on first reading. Vice Mayor Massaro SECONDED the Motion. Councilman Disraelly said at the Seven -Eleven and the Cumberland Farms on Brookwood, there are beer cans all over the lot and he asked if the Ordinance will be policed. The City Manager replied it will be policed very strenuously. The Ordinance is requested by the Chief of Police so he can enforce it. Mayor Falck said he felt it would be especially helpful in the East end of the City where there have been many problems at the Majik Market over the years, and he felt it was a move in the right direction. ALL VOTED AYE. Councilman Disraelly said he wanted to be sure it would be policed, the City Manager assured him it would be. He said the only problem is the part requiring some responsibility to the store owner, which makes it difficult. Councilman Disraelly inquired if a notice would be sent to the store owners; City Manager Gross said they are very much in favor of the Ordinance. 11. All Florida Sanitation - Franchise Cancellation - Tem .Ord. #830 - Discussion and possible action to repea Or finance No. , which authorized a commercial garbage collection franchise for All Florida Sanitation. First Reading. SYNOPSIS OF ACTION: Approved on first reading. The City Attorney read Temporary Ordinance #830. Councilman Disraelly stated that All Florida Sanitation has been on the City's books for a number of years and has never had any contracts with any business establishments in the City-i Records indicate they have not made any purchase. Councilman Disraelly MOVED ADOPTION of Temporary Ordinance #830. Councilman Zemel SECONDED the Motion. VOTE: ALL VOTED AYE. 47. Social. Services Van. Drivers - Discussion and Possible Action. SYNOPSIS OF ACTION: Tabled to Meeting of 12 10 0. Mayor Falck explained there has been correspondence and observations and Mrs. Taylor is interested in speaking on the subject. The Mayor noted he had sent a memo to each member of Council concerning the particular problem. Virginia Taylor, Social Services Board, explained they have ten drivers at the present time, each one taking one run a week. There are ten runs every week, which means if all of the drivers are present and operating there is no problem. However, there are instances of illness now and then and it requires some kind of emergency back up for keeping the van operating. Mrs. Taylor said at the present time two of the ten drivers are out because they have been hospitalized and they are not allowed by their doctors to drive. Therefore, there are two runs for December and going into the middle of the month for one driver, but to the end of the month for the other. Mrs. Taylor stated it meant she had to call those who already had a run for the week to take another run as an emergency and frequently they will do it, but it cannot be depended upon. She said many drivers stipulate no further runs, or no afternoon rims, or no morning run and no extra runs, etc. Those come from the volunteer drivers. Mrs. Taylor said they have not been able to get any additional volunteers, they have not had a new one added for two years. -8- 12/2/80 /lc Recon. 11/26/80 I � � r Mrs. Taylor discussed the various problems with the drivers and the problems with the emergency runs. She said if the Council could give some kind of emergency back-up,perhaps someone in one of the City Hall Departments, who could be called on as an emergency back-up it would keep the van running. Mrs. Taylor said she would like to have the Council consider the possibility of perhaps someone from some department - possibly Public Works -_who would have the responsibility for keeping the van clean and, who could also be used as a back-up driver. Otherwise, Mrs. Taylor commented,they would have to limit the use of the van in some way. Councilman Disraelly said if a driver from within the City was to be used, TAPE from what department would they get him ' He said the City is run with a SIDE minimum of staff and to take someone out of a department would mean being #3 short one person. Actually it is the equivalent of hiring someone on the outside, because the work within the City is not being done and he knew of no area outside of 'Sublic Works where anyone would be available. Councilman Disraelly said he knew the City had advertised for help for the Committees and Boardsand they were having difficulty in that degree. However, from time to time the President's Council comes before the City with certain propositions - all of which the City has listened to and given heed to and he thought this is an opportunity to get the President's Council involved. He said it was an opportunity to appeal directly to some thirty -odd presidents of sections or condominiums. Councilman Disraelly explained there are people in condominiums doing this type of work; also the Jewish Community Center has a van that they are running constantly and perhaps the approach that has not been made is to go directly to the President's Council and appeal to the various Sections. Councilman Disraelly stated he felt it should be on a direct basis to the President's Council, and through them to the various organizations. Virginia Taylor said it sounded like a very good idea she said Jerry Heller had appeared before the Presidents Council in the past and it appeared to her no drivers will come except on a one-to-one basis. She said most of the drivers are from Lime Bay and Mr. Heller had acquired those drivers. However, no response had been received from letters to the Presidents as well as the appearance at the President's Council. Councilwoman Kelch said at one time they had obtained drivers through Vista and she inquired if that connection had been severed. Council- woman Kelch noted they were very dependable and a very active group. She suggested that might be an avenue to explore. Meanwhile, it was her opinion since the Public Works Department had a request for an employee deleted from their budget, she said they needed someone to change tires, etc. without paying full mechanics wage and such a person would be available, and would be an individual at a low salary rate so it would not cost the City very much, and he could be used as needed. Vice Mayor Massaro stated she cannot see taking employees for this work. She inquired why the County is not assuming their responsibility. The Vice Mayor questioned if the County cannot do it, how can the City open the "Pandora's box". She said the City cannot take on such a responsibity and she is not sure how people feel about driving their cars and being responsible for other people. She suggested there may be something that is keeping people from wanting to do this and if she could receive assurance that the person driving would not be responsible personally for whoever they were carrying in that car she could make an appeal at a couple of clubhouses. However, she said if individuals had to be burdened with a heavy responsibility she would not want to ask them to do so. City Manager Gross said there is no way they can be told there is no responsibility at any time; -even with insurance the driver can be sued as an individual. Also, the problem using City Personnel is once one City employee is used, the regular drivers can't make it and before long the City would be doing all of the driving. Mr. Gross said the City has helped whenever an extra driver was needed, but it has hurt because it takes people out of other jobs,for hours sometimes. Further, people make the drivers wait and have all kinds of demands - Mr. Gross explained there are many problems in driving and he wants to have someone available if the City wishes, but they can't be just picking people "out of the hat" everytime it's needed. Mr. Gross said he will get ahold of -� 12/2/80 /lc Recon. 11/26/80 Mtg. L the County to see if they can work something out to get drivers from the County or find some way for them to take over the program. Mayor Falck observed there is never a problem when it involves the recreation area and all that is requested is a back-up person. He said the van program has been cut to the bare minimum and most muni- cipalities hire someone to drive the van, but the City does not want that. The Mayor stated he felt the City should go the volunteer route in every possible way. At the same time, Mayor Falck said he thought they should be able to provide some kind of a back-up when it -,,is needed. He said something should be done for the people who make up 70% of the City. Councilman Zemel stated he had no alternatives or ideas on how to proceed. He noted there will always be a minimum of people who will abuse what is done for them, but the majority certainly appreciate and need the service and they must look to that and find some method to continue providing the service. Councilman Disraelly commented if the City is going to provide drivers then he thought there must be funding for the Social Service Department and that the (nus is not thrown on the Public Works Department. Funding should not come from the Public Works Department. It should be a Social Services Function and not a Public Works Function. However, he still thought the City should go back to the President's Council or some other area and again make appeals. Vice Mayor Massaro said she thought Councilman Disraelly and Councilman Zemel are absolutely right that the program must be continued, but she also thought they should look into the County and also make an effort to get more volunteers. Also, the Vice Mayor said for the immediate assistance there is a man who is doing inspections for licenses who is available to do other work and it would be preferable to taking someone out of Public Works. She suggested he be used as an emergency backup until a way is found to obtain additional people to take the runs. The City Manager agreed to look into the matter. Vice Mayor Massaro said she thought he would find the license inspector is not that busy all day. Mayor Falck suggested checking the matter out, as well as the County situation, and then provide Council and the Social Services Division, Virginia Taylor, with a report. The City Manager agreed to do so. The Mayor also requested that the City Manager do what he can to keep the program going in the meantime, since the Holiday Season is approaching and it will give people an opportunity to share a day through the effort of the City. Mrs. Taylor stated it was easier when they had a Social Service Director because they were available as back-up drivers. She explained volunteers are quite dedicated, but with two of them in the hospital it is difficult. Vice Mayor Massaro requested the City Manager look into the situation with Vista. Mr. Gross said that is RSVP - and they are taking care of Volunteers now - but they have never obtained any for Tamarac. Council- woman Kelch said Vista is still in existence and they are covered under RSVP for insurance, but Vista is the original group. A number of them live in Tamarac. Vice Mayor Massaro inquired how many doctor calls they received in a month - Mrs. Taylor said none had been refused, and the past three months there are approximately two a month. Mayor Falck explained the doctors visits within the City of Tamarac are_available to the people. Mrs. Taylor explained if they get the service from the County they must have the appointment at least two weeks in advance and very frequently they find the Doctor appointment can not be made because the driver does not appear in time - or not at all. Councilman Disraelly asked what the van schedule is - Mrs. Taylor replied they leave Public Works at S AM and pick up the people, arriving at the Margate Center between 9:15 and 9:30. The driver brings the van back around 10:00 and then from 10:00 to 1:15 the van is available for doctor's appointments. It means a mull half day for the driver, so the drivers have refused to take the runs for doctors appointments and there is no one willing to just do the doctor appointments. She noted that she has been taking these people to doctors recently. Also, the van must return to Margate 1:15 to pick up the people and bring them home, and then the report is brought in to the City approximately 3:30 PM, before he takes the van back to Public Works. In response to Councilman llisraelly's question, Mrs. 'Taylor said there are two drivers each day. -10- 12/2/80 /lc Recon. 11/26/80 Mtg. A Mayor Falck requested that the City Manager get the material together for Council and report to Mrs. Taylor also, and then Council will be able to take action. Vice Mayor Massaro said some Sections have made persons available in their Section to take people to Doctors and Hospitals and perhaps some effort should be made to ask certain Sections to consider such a program. Virginia Taylor said it is very succesful in Section 11, and Councilwoman Kelch said Sections 1 & 2 have four people who take residents in their Section wherever they need to go. Mrs. Taylor said that would be preferable to a City operation if done within a Section, it would be very helpful to Social Services - the Vice Mayor said the Section is familiar with peoples' hardships and emotionally involved with the people and willing to help. Vice Mayor said it would be a very worth- while project to get the Sections to initiate a program of that type. Councilwoman Kelch stated the Item should be left on the Agenda list since it is too important to be dropped. Vice Mayor Massaro MOVED that the City Manager look into the various aspects of the question as discussed, and to determine if John Glynn is available as an emergency back-up for the service, and to make him available. Also, that the Item be TABLED For further considera- tion at the next Meeting if Mr. Gross is ready at that time. Council- woman Kelch SECONDED the Motion. Mrs. Taylor said she feels it is an emergency situation. Vice Mayor Massaro noted the County does send a van to the City to take them to the Margate Center. Councilwoman Kelch said that is to take people to the Bailey Road Center. Vice Mayor Massaro said she wondered if the County would send out a van for the people who go to Margate. Mrs. Taylor said Margate Center has two vans to pick up people all over, but they do not just come to Tamarac; however they do pick up people in Tamarac. Mayor Falck said the City has to do something for themselves if these people are going to continue to do this type of thing for the City. He noted the van was given to the City and in a year another van will be available if the City can use it, and if it can be handled properly. VOTE: Councilwoman Kelch AYE Councilman Zemel NAY Councilman Disraelly AYE Vice Mayor Massaro AYE Mayor Falck AYE Councilman Zemel questioned appropriateness of naming a City employee in the Motion. GENERAL ADMINISTRATIVE/FINANCIAL 14. Compensation Adjustment - Police Department - exempt employees - Discussion and possible action. ('fabled from 11/12/80) SYNOPSIS OF ACTION: Members of P.D. not in bargaining unit granted increase of difference between 7% granted 10/1/80 and 127. in P.D. contract. Mr. Gross, City Manager, said Council should have the back-up material which is self-explanatory. Councilman Disraelly said the matter had been discussed at previous Council Meeting and had requested the dollar amount involved. He noted those involved are not in the bargaining unit and they should be given the differential. However, he took exception to the additional 5% and said they should only receive the difference between -the _7%.previously granted and.the_ 12% provided in the Contract. Councilman Disraeily MOVED that the members of the Police Department who are not members of the bargaining unit be granted a pay increase effective as of October 1, 1980 at the difference between the 7% that was granted to them as of October 1st and 12% to conform with the amount of increase granted to the bargaining unit. Councilman Zemel SECONDED the Motion. VOTE: Councilman Zemel Councilwoman Kelch Councilman Disraelly Councilwoman Massaro Mayor Falck -11- AYE AYE AYE AYE AYE 12/2/80 /lc Recon. 11/26/80 meeting 15. International Systems, Inc. possible action concerning consultant for the City. - Grant Consultants - Discussion and this organization to serve as grants SYNOPSIS OF ACTION: Mayor authorized to in orm them that City is not interested in their services at present time. Mayor Falck explained the matter has been researched for the past year. At the time it was brought up originally the City had no experience with a grants person such as Mitch Ceasar- Recently the City entered into a contract with Mr. Ceaser for another year and indicated they were satis- fied with what was happening in this field especially since he became involved a year ago. The Mayor said he felt the City could probably make the project work to some advantage, however he felt the City might have a problem. It could develop as a result of having two different organizations (one in-house),.that there would be an overlap and it could be questioned who contributed what to the obtaining of any grant;__ and the Mayor suggested the City not pursue the matter further at the present time. Should the situation change, Mayor Falck indicated the subject could be discussed again; and he recommended the Mayor be instructed to notify International Systems, Inc. that the City appreciates the information they supplied, and their interest;Alao,,if the City's situation changes at a future time the matter can be brought up for further discussion with Council at that time. Councilman Disraelly MOVED that the Mayor be authorized to inform International Systems, Inc. that the City is not interested, but thank them for the presentation of the program and if there is a time the City is interested, they will contact them. Councilwoman Ketch SECONDED the Motion. VOTE ALL VOTED AYE. 16. Holida Festival of Lights - Discussion and Possible Action on ay -Report on handling of contributions and expenditures. b) Budget transfer for City's contribution. SYNOPSIS OF ACTION: a) various contributions accepted by Council,payments of expenses authorized not to exceed contributions. b) budget transfer not necessary. Vice Mayor Massaro stated she will be submitting a written report to Council itemizing everything in its entirety. She said she has asked Finance Department to give copies of the expenses and they have done so on all bills which have been received, and copies will be submitted to Council. Also, Council will be given an itemized list of the contri- butors and the amounts contributed. The Vice Mayor gave a partial report of what has been spent and what money was taken in. All contri- butions and bills have not been received as yet. Contributions amount to $1,308. as of 12/1/80 and expected to need $1,250. That does not include any time by Public Works. Checks have been made out for $666.02 for the outdoor lights, bulbs, garlands and plastic to make bows. Vice Mayor Massaro said it was important to note there wasn't one strand of lights that w a s available for the trees. The Committee will see to it everything is packed away before they say everything is completed. Also they will see that everything is accounted for and ready for next year. In addition to the �666.02 that is spent, Vice Mayor Massaro noted a bill of �75.00 for the dreidels will be forthcoming, which is part of the gift the children will get. Also, there will be rental for the spotlight in the amount of $40.00. They approved �16.80 for a tank of gas for the people that have used their car to make runs for the various contributions. Up to now, the Vice Mayor said, that is the extent of the expenditures so they are below the amount of contributions received. There will be no necessity to ask Council for funds, and there will be a surplus to go into the General Fund to help pay for the men's time in Public Works. All of this, however, is subject to the Council approval of accepting the contributions. -12- 12/2/80 /lc Kecon. 11/26/80 Mtg. I Councilman Disraelly commented since they do have $1308. in contributions coming in and there may be more, he wondered if in their publicity they should not give some attention to the fact others are contributing because when one reads the publicity it says "sponsored by the City of Tamarac" which indicates they are spending City monies. Vice Mayor Massaro said the programs will show the names of the contributors but not the amount of money contributed. Also, they plan to have a thank - you to the people in the Broward Times, after the Festival. Councilman Disraelly said it was his thought it should have been included in the publicity as well. Vice Mayor Massaro said perhaps he was right, but the determination was made the contributors will be listed on a page in the program, and also a thank you in Broward Times. However, she said perhaps it should have been included on the Posters, but it is too late for that. Councilwoman Kelch inquired it a special fund had been set up for the Festival on the books, so no action would have to be taken on that. Vice Mayor Massaro explained the action to be taken by Council is to accept the contributions, other than that the money is held in a special fund so there is so intermingling of these funds with anything else. City Attorney Birken said at some point in time there should be a record of and a formal acceptance by Council of contributions from specific individuals and since that information is not ready, the contributions can be accepted and then be itemized at a later date. Vice Mayor Massaro MOVED that the various contributions amounting to $1308. as of December 1, 198U be accepted by Council and that Council authorize the expenses to be paid out of that money, and not to exceed that amount. Councilwoman Kelch SECONDED the Motion. VOTE: Councilwoman Kelch AYE Councilman Disraelly AYE Vice Mayor Massaro AYE Mayor Falck AYE Councilman Zemel ABSENT FROM DAIS 17. Bid Award - Insurance - Temp. Reso. #17184 - Discussion and possible action to award a id orr bow and machinery insurance. SYNOPSIS OF ACTION:Bid in amount RESOLUTION NO. R-gp a7(a PASSED. of $5369. awarded to Admiral Ins. Agcy. The City Attorney read Temporary Resolution #1784. Judy Deutsch, Insurance Technician, explained in her letter of November 24 to the City Manager, she listed the bids received and her recommendation. She stated the Uity has had partial boiler and machinery coverage for the west side lift stations. At this point any equipment containing pressure or generates or transmits power will be totally covered by insurance. The coverage is basically for loss prevention. The insuror provides inspection services as part of the package. Councilman Disraelly questioned if coverage was for the Utility only and Judy Deutsch replied it is for both utilities and not for any other City equipment. Her recommendation was the Travelers Insurance through Admiral Insurance Agency. 4. Councilman Disraelly MOVED ADOPTION of Resolution Temporary #1784, whereas Admiral Insurance Company is the lowest and fully responsive bidder, and that the bid of $5369 submitted by Admiral Insurance, through the Travelers Insurance Company, be approved. Councilman Zemel SECONDED the Motion. VOTE: ALL VOTED AYE. 18. Broward Employment and Training Administration - Discussion and possible action to �reimgurse B.h.T.A. for monies paid to the Uity in error. SYNOPSIS OF ACTION: Reimbursement in amount of $1733. approved. -13- 12/2/80 /lc Recon. 11/26/80 Mtg. W W Mayor Falck City Manager 26, 1980. commented a report had been received from the Assistant relating to the matter; the date of the Memo was November Vice Mayor Massaro commented she would like to know something about it. Mr. Gross said the areas involved dealt with fringe benefits, not with actual dollars that came in to the City. Under the BETA program, the City is told all items are allowed to be charged against the contract, with certain exceptions. Unfortunately, Mr. Gross said, the exceptions are a very "grey" area. These items had been previously audited and passed, but in the last audit - which was the final audit - it was found these items were not covered by the BETA program and therefore will have to be covered by the City of Tamarac which is the reason the figure was dropped from $6,000. to $1,700. After discussion, the City found some of the items were, in fact, covered by the program, he explained. VOTE Mayor Falck noted he had maintained a file on this subject since early 1977 and the amount originally set forth by BETA was more than the $6000. However, with the persistent efforts on the part of people on the City Manager's staff, it has been reduced. It is now $1733. and Mayor Falck stated he is convinced it will not go any lower. These are monies, according to the audit, that should not have been spent and they should be refunded. Mayor Falck said it was his suggestion Council move approval. Councilman Disraelly MOVED REIMBURSEMENT to BETA of $1733. which he hoped will clarify all of the contract numbers and the contract periods in the memorandum of November 17, 1980, from the Broward Employment and Training Administration; and further, the Assistant City Manager is to be - commended for the excellent report and the data which was given to Council. Councilwoman Kelch SECONDED the Motion ALL VOTED AYE. 19. Public Service Commission Refund - Discussion and possible action to authorize employment of one temporary part --time employee to assist in the refund process. SYNOPSIS OF ACTION: Approval granted to add one temporary 30-hour a week employee to Finance Dept. City Manager Ed Gross explained the last time the matter was discussed the reason he did not ask for this employee is that he hoped with the one addition that had been given to them, plus the overtime by existing employees, they would be able to complete the project. Unfortunately, the current employees could not put in the overtime that was hoped for. Therefore, the request for the part-time employee .:..will be a lesser expense to the City than paying overtime. Mr. Gross asked that the request be approved. Councilman Disraelly MOVED that APPROVAL be granted to add one person to the clerical staff of the Finance Department for the purpose of expediting the refund checks which the City had indicated would be delivered to the home -owners before Christmas, and he thought it was incumbent upon Council to do as they promised. Further, that the cost of the person hired will be generated as all other expenses for the particular project from the interest derived from the $4,000,000. in the bank; and there will still be an excess of funds in order to provide all of the expenses required for the refund. Councilwoman Kelch SECONDED the Motion. Vice Mayor Massaro requested clarification of the wording, to change it to "A temporary thirty hour a week employee". Councilwomanl i`elcLl, as- SII;CONL,accepted tie change. The City Manager stated the person will not work more than thirty hours in a week. Vice Mayor T?assaro said a statement Councilman Disraelly made is not exactly what she had heard from the man in charge of the program - she said Mr. Magnes has not indicated these refunds will be made before Christmas - they are working until 10 o'clock at night on this program and are expecting to meet the deadlines they had set for themselves, that they will have everything fed into the computer - Mr. Gross interrupted to state that they have made up the time, and they are still running with the 19th of December. The Vice Mayor said Mr. Magnes -14- 12/2/80 /Ic Recon. 11/26/80 Mtg. would not commit himself to her a commitment. City Manager Gross replied that he had VIM Massaro said Mr. Magnes is trying his utmost to get the checks out, but he runs into power failures which throws them back hours each time there is a power failure. If he is up to the schedule that is great, however the Vice Mayor said she did not wish to mislead people. Vice Mayor Massaro agreed she certainly wanted the help put on to get the refund out before Christmas. Mr. Gross said the City will put in all of the time needed, and if necessary they will work 24 hours a day. He said he had no reason to feel it will be any other date than the 19th. Councilman Disraelly stated if a correction to a Motion has to be made, or a suggestion, that the name of the individual does not have to be put in - the comment can be made without the individual. Councilman Disraelly said he was told by Mr. Magnes the refund will be out prior to Christmas. Furthermore, the City Manager has also stated the checks will be out by Christmas earlier in the Meeting and the question should have been raised at that point in time. Councilman Zemel stated Council has promised the people many times they will have their refunds before Christmas. He said to say things people want to hear is not one of his traits. However, he expects the people of the City to start getting their money back before Christmas. Council- man Zemel also said he did not think all of the refunds would be made at that time, but certainly some of them who are still in the City. He said he would be looking for drastic action to be taken somewhere in the administrative area of the government if those refunds do not start going out. Mr. Gross said the only refunds they intend to guaranty will be out on the 19th are the residents now in the City. The other refunds will be received shortly after. VOTE: ALL VOTED AYE 48. Slurry Seal - Mainlands 1 - 5 - Discussion and Possible Action regarding payment for work. SYNOPSIS OF ACTION: Tabled to Council i�ieeting 12/ 10/ 80 Mr. Gross inquired if everyone on Council had all of.the information on the Item. Councilwoman Kelch replied it was sent to Mayor and Council in the form of a letter from the Assistant City Manager dated November 26, 1980, otherwise she would ask to have the Item delayed until afternoon. It was indicated the members of Council had the letter referred to. Councilman Disraelly inquired if the twenty miles of highway had been vacuumed - Councilwoman Kelch replied it had not been done as yet, and she did not wish to have them paid until it had been done. TAPE SIDE Councilwoman Kelch said there were three areas of distress, those are in #4 the item attached to the letter before Council, a copy of Mr. Prillaman's letter of the 24th accepting the responsibility for the repairs of the three primary areas and also accepting the responsibility for vacuum sweeping - actually picking up the pellets they have had so many problems with. Councilwoman Kelch said this was entered into after much discussion and she felt it is a settlement that is a good one, (See Attachment #1). Councilwoman Kelch MOVED that the City enter into a commitment with J & B Slurry Seal Company, Inc. to pay the amount of $67,432.37, subject to the completion of the Items including the vacuuming as set forth in Mr. Prilla man's letter of November 24, 1980, as attached to memorandum of November 26, 1980. Councilwoman Kelch said she had monitored the situation all the way through. Inspections had been made on several occasions and she honestly feels this is all Council can ask because some of the bad results were caused by individuals in the Section who disregarded the barricades. Some of the softness of the material was because of the very hot weather encountered during the application of the material. Councilwoman Kelch stated the technicians know their product and if they knew the City was not getting too good a job because of the heat, it was up to them to have informed the City the job must be held up because conditions are not good. Therefore, she felt it was worth waiting and getting them to come back in and redo the areas, although they protested. They offered to pay for the vacuuming, but the City would have had to do it and charge -15- 12/2/80 /lc Recon. 11/26/80 them. Councilwoman Kelch said she felt the arrangement they now have is to the best interest of the City of Tamarac and will be satisfactory to the individuals in the area involved. Councilman Zemel SECONDED the Motion. Vice Mayor Massaro questioned how the method of payment to people is changed - until work is accepted and done in the proper manner payment is not released. Councilwoman Kelch said it is contingent upon and will not be paid until all areas are clarified and approved. Councilman Disraelly stated before this should be paid a report from the City Engineer should be received. Further, there is no staff recommendation other than the request from the Assistant City Manager. Councilman Disraelly said he concurred with the Vice Mayor that they have never spent money subject to a job like this. He explained that he did not know how much it would cost to repair_Mainlands Drive between Commercial and 46th Street - there are20 miles of street to be done and everything is subject to approval by a member of Staff and upon his approval the bills are paid, as was done previously. Councilman Dis- raelly said they must wait for the Staff recommendation and he does not like to pay an amount like $67,000 without having the work completed. Councilman Disraelly pointed out there is no time element as to when the vacuuming will be completed - Councilwoman Kelch replied he would not get his money until he vacuumed it. Further, Councilwoman Kelch pointed out she had worked very closely with this and the Contractor is ready to go into litigation on the matter and it is felt this is the way to prevent this type of litigation. The City does not intend to give the Contractor one penny until the City is satisfied, and the report is made. However, by taking this type of action litigation can be prevented. City Manager Gross said the Contract itself requires partial payment - and if Council wishes, everything can be approved except the 10% which is required under the Contract. Councilwoman Kelch stated that is exactly what she does not wish to do. Mr. Gross said that was why the Motion is to hold the whole thing until the repair work is completed. Vice Mayor Massaro said she thoughta good -will gesture could pay half of the amount because the other half would pay for the work that has to be done, and that would prove to the Contractor the City was not trying to hold up payment arbitrarily, and the rest would be paid after formal approval by the engineer and the Council. Councilman Zemel said he did not wish to pay the Contractor anything. Councilwoman Ketch stated that is exactly what her Motion stated. She would prefer not to pay anything until the work is finished and approved. Councilman Zemel SECONDED t"-° Motion which addressed itself to payment after the- add-itioriar- w rk is---ac-c-epted---by -_thy City. On that basis, the City Manager's Staff would be responsible to see that the work is properly done before any monies are released. Councilman Zemel then noted Council is doing everybody's work except their own. They have Staff and if they can't do the job then Council should get rid of them. If Council gives them responsibility the Council will have to give them authority. Councilman Zemel stated that is the reason he SECONDED Councilwoman Kelch's Motion. Mayor Falck noted it stated in the memorandum that it was anticipated a Slurry Seal Crew will be completing the projects the week of December first, and Council meets 12/10/80 and if the work is completed and the inspections completed, the matter could be agendized for that meeting and if work is done, pay the whole thing. Vice Mayor Massaro said they would need approval by the City Engineer. Councilwoman Kelch said she would be glad to indicate "Approval by City Engineer" in the Motion. Councilman Disraelly said they should not establish a precedent of paying for something "subject to". Vice Mayor Massaro said perhaps if they had a recommendation from the Engineer that these are the only things that need to be taken care of, they could state in their Motion that no other items would be added if these are done, and with the City Engineer's approval, and Council's approval, it will be paid following the next meeting. -16- 12/2/80 /lc Recon. 11/26/80 mtg. Councilman Disraelly stated he would still object to the "subject to". Vice Mayor stated she said they should have a report from the City Engineer these are the only items that need correction, and then the City can certify to the contractor those are the things that are needed to be done before the City will consider paying them. Councilman Disraelly said that was fine. He would be satisfied to have the City Engineer say that was all that had to be done. When those things are done, the contractor could be paid after completion of that job. Vice Mayor Massaro said she thought the Item should be tabled until afternoon. Councilwoman Kelch withdrew her Motion, Councilman Zemel withdrew the Second. (Recalled after Item #6) MEETING WAS RECESSED TO 1:30 P.M. FOR LUNCH. MEETING WAS CALLED TO ORDER, ROLL CALL TAKEN, ALL MEMBERS WERE PRESENT. LEGAL AFFAIRS TAPE 8. University Community Medical Plaza - Discussion and possible action SIDE concern'ing'a Letter of Credit posted as security for installation of #5 a positive outfall drainage line. SYNOPSIS OF ACTION: Tabled to meeting before finalization. Vice Mayor Massaro MOVED that Item 8 be TABLED until the first meeting in December, before finalization. The Item has to do with University Medical Complex. Councilwoman Kelch SECONDED the Motion. VOTE GENERAL ADMINISTRATIVE/FINANCIAL ALL VOTED AYE. 48. SLURRY SEAL - MAINLANDS 1 - 5 - Discussion and Possible Action regarding payment for work. Called up for additional discussion and possible action. SYNOPSIS OF ACTION: Tabled to 1 0 8 . Vice Mayor Massaro stated that the City Engineer came in to see her at noon and said there was no way he could inspect the work properly and have a report for the present meeting. The Vice Mayor suggested he see Councilwoman Kelch since she had been handling the Item. Also, she explained to him that Council wanted approval from him - he said it would be impossible for him to inspect it that day. Councilwoman Kelch explained she did not see Mr. Keating or discuss the matter with anyone else. She said she felt they were jeopardizing something by not taking the action she suggested earlier, but if Council objects she can not go any farther than that. Vice Mayor Massaro MOVED the Item be TABLED to the first meeting in December, and in the meantime the City Engineer be instructed to inspect the area and give his recommendation to the City Manager. Councilman -Disraelly SECONDED the otion. Plaw" ALL VOTED AYE. 20. Christmas Tree Sales - Discussion and possible action concerning request to permit sale of Christmas Trees on vacant property on the northwest corner of University Drive and 57th Street. SYNOPSIS OF ACTION: No Action Taken. Mr. Conrad Steinhart, Happy Holiday Christmas Trees, addressed Council. He stated he was hoping for an approval from someone at City Hall, and was told the only way was to appear before Council to get permission to sell Christmas trees. He said he wanted to make it clear he does not need the property on the N. W. corner of University Drive and 57th Street for the sale of Christmas trees anymore because the year has progressed -17-- 12/2/80 /lc Recon. 11/26/80 Mtg. r � � so far that he could not jeopardize his business and put the time off. Mr. Steinhart said he was appearing at the present meeting because.he had learned during the past three weeks by working with the Building Department and License Bureau, that it is almost impossible for anyone to sell Christmas trees in the City of Tamarac. He said he was really representing everyone in the Christmas tree business and learn what can be done in the future so others will not have to come up against what he has in the past month. Councilman Disraelly said Mr. Steinhart's statement is quite right. Anyone doing business in the City can sell Christmas trees. Many retailers do sell Christmas trees. Also, there are two nurseries in town who sell live flora and can sell Christmas trees. Mr. Steinhart said an independent is quite restricted - and he asked what can be done to open up some avenues so something like this can be done. Councilman Disraelly said his personal opinion is - he was in retailing all of his life and associated with the Chamber of Commerce and people who belong to the Chamber of Commerce, support the City, pay taxes in the City, rent from landlords in the City, are people who are entitled to do business in the City. With all due respect, when people come into town who do not do business all year round, Councilman Disraelly explained, he did not feel the City is required to make any particular provision for them. Mr. Steinhart said he did not want any particular provision. Vice Mayor Massaro explained Mr. Steinhart's problem is not any of the things he has heard - he did not meet the requirements of the City Code. She said if he had examined the Code he would have known he did not have the ability to sell at that location without doing work that would be economically prohibitive for him. The City requires parking to be provided, and other work because the City thinks of safety of people who might stop to buy the Christmas trees and that is the main reason it had to come to Council. The Vice Mayor said if Mr. Steinhart would look at the Code he would understand it was not possible for him to do this. Mr. Steinhart said he could not understand a Carnival being allowed at the same location - Vice Mayor said the Council has the power to waive the parking requirements, but a person must come to Council for that. Vice Mayor said she was sorry, but he could not meet the requirements. Mr. Steinhart asked the City Attorney if it is not unconstitutional to allow a non-profit organization - a carnival such as went on - is it really fair that they can operate because they are non-profit and he is in personal business. The City Attorney said Mr. Steinhart is not applying for anything, and the. Council has taken no action. Mayor Falck ruled the discussion closed. 13. Heath ate -Sunflower Holiday Parade - Discussion and possible action to waive the fee for a parade sponsored by the Heathgate-Sunflower Homeowners Association. SYNOPSIS OF ACTION: Fees waived for December 13, 1980 Parade. VOTE Mr. Gross explained these typesof things come before Council and in the past Council has waived any fees involved in the Parade route area as regaireu. Tliey Liave t1ie gadrantue from the Police Department they will help protect and direct traffic. Signs will be put up in advance of the Parade route so no one will be inconvenienced and everything has been done in advance and Mr. Gross said he saw no reason why Council should not approve waiving of the fees. Councilwoman Kelch MOVED that Council WAIVE the fee for the Parade sponsored by the Heathgate-Sunflower Homeowners Association on December 13, 1980. Vice Mayor Massaro SECONDED the Motion. ALL VOTED AYE. son 12/2/80 /lc Recon. 11/26/80 mtg. COMMUNITY DEVELOPMENT 38. Land Section 7 - Discussion and possible action concerning rezoning lan in this area pursuant to the Land Use Plan. SYNOPSIS OF ACTION: Tabled to 1 meeting. Mayor to meet with Planning Council and bring observations back; City Mgr, to give info. on SYSTEMS Eng. Labs; City Engineer to get info. from Tony Nolan on cost estimate. Vice Mayor Massaro stated for the City to take on the rezoning of this particular area is very costly and she does not think the City should take this upon themselves, it is the responsibility of the property owner. The Vice Mayor said it is premature and she believed if the City is fortunate enough to have someone who is interested in building, at that time the City would pursue a manner of planning streets, canals, etc. and then be in a different position. At the present time no one is interested in the property and to spend the time and money now for this type of work, and impose it on the taxpayers of the City is completely wrong, the Vice Mayor commented. C/W Kelch referred to a memo from the City Planner, dated 9/9/80, which states that rezonings are required for completion by the end of November, 1980, in order to expedite the work. He also recommended approval of the proposal submitted by Williams, Hatfield & Stoner for preliminary work. Mayor Falck felt there were two ways to handle this; namely, that the property owner should do this, and the other is that the City will expend the monies to have it done. He also noted that the Planning Council has not pushed to get this work completed. C/M Disraelly indicated that he was "pushing" to have this work done, which has been discussed for a lengthy period of time. He additionally stated that the Master Land Use Plan has been discussed; and the first person to be developing in the area, is the Phoenix Company, with their 20 acre shopping center. The water, sewer and drainage lines, he said, is to be instituted on a temporary basis, with changes to be made at a future date. Also, he noted, that a company is anticipated to purchase land in the area. He further stated that discussion of an assessment district has been considered, with the hiring of a consultant for a pro- posal of overall storage and retention of water, which would be required by the South Florida Water Management District, also, giving the City land dedication requirements, and a tentative canal lake system. It would per- mit, he stated, for new development to be instituted, with most of the area being light -industrial. Sunrise, he said, is preparing for the.develep- ment of a large piece of property,by Rascal. Milgo ,with waterways and canals. He said that it was further noted that the State has been providing funds for the building of roads into industrial areas, which cannot be initiated until a plan is presented. The figure from Williams, Hatfield & Stoner was submitted last July, as a preliminary, and he felt this should be approved. He said that monies will be reimbursed to the City, in time. C/M Disraelly then MOVED that the City Attorney be authorized to establish an assessment district, for Land Section 7, in order that the proper plan- ning may be done, for water retention and storage, and the rezoning of properties as shown on the Land Use Plan,..: which would facilitate the ulti- mate provisions for the roads going through this area. C/W Kelch SECONDED. V/M Massaro said that the City of Sunrise has a large potentional industrial developer, because the City was able to show a bonafide contract, and would employ thousands of people. For this reason, she said, they were able to obtain a State grant. She indicated that due to improper layout, there are buildings constructed with dead-end roadways, and the need to purchase property for continuation of such roads. She further stated that there was no problem with the shopping, because the canal is being dug right now, and heading for the Borrow Canal, with drainage going to the C-14. The Vice - Mayor felt the City will be obligated if they attempt to get anything done at this time; without gain. She felt when potentional buyers are available, then something could be resolved. C/M Disraelly said there is an indication from Systems Engineering Lab- oratories, aAY to their purchase of 60 acres, but felt that someone should pre- plan the entire situatipn. The canal for the Phoenix Shopping Center was put -19- 12/2/80 mr/ Recon.11/26/80 J in as a retention area, which does not go anywhere, he said, but is required to be redirected from the C-14 canal. Mr. Gross advised that a letter is being directed to the City, which indicates that Systems Engineering has purchased 60 acres in Section 7. He spoke to Mr. Galloway, and was told that they would like to have their facility ready within two years, and will be prepared to plat immediately. He further stated that Systems Engineering is in- terested in meeting with the City, in order to obtain assistance in; eliminating County fees, State grants and State bonding under the In- dustrial Act. Mayor Falck felt that the City Manager should obtain the information, with a report to be submitted to Council, in order to review this. He also felt that he should have the opportunity to discuss this with the Planning Council members, and hold this item for one week, to obtain information, as it relates to the procedure. The Mayor said that he is on the Land Use Committee, and A-95 reviews, and will have the opportunity to obtain the necessary information. V/M Massaro requested that the City Engineer, City Manager or City Attorney contact Tony Nolan, as to the definitive information for the proposed work. She said a preliminary estimate was submitted, and would request the amount of dollars to accomplish this work. C/M Disraelly advised that in the minutes of July 11, 1980, a motion was made that Williams, Hatfield & Stoner proceed with the tentative lake --canal sketch, and also contact the South Florida Water Management District, for the plan to be made in conjunction with their require- ments. Mr. Gross indicated that there has not been a report on this, to which C/M Disraelly requested that such information be obtained. C/W Kelch said the matter on the agenda, related to rezoning, in order to conform to the Land Use Plan. She felt there has been adequate input supplied by Williams, Hatfield & Stoner, for the preparation of a zoning map, descriptions, and so forth, which would affect the re- zoning. This figure, she said, was $3,000, and felt it could be handled, since it was submitted on September 2nd, 1980. She WITHDREW HER SECOND. THE MOTION DIED FOR LACK OF A SECOND. Mr. Gross advised that the report requested by C/M Disraelly came into the City on October 25, 1980, and was in the City Engineer's office. C/M Disraelly further stated that on July 27th, 1980, Williams, Hatfield & Stoner would be employed to make the surveys, with the following motion, "that the. City Manager be empowered to hire Williams, Hatfield & Stoner, to make the proper surveys in the land section, with an expense not to exceed $2,300". Mayor Falck reiterated that the item be tabled for a period of one week, to the next meeting, in order to discuss the procedure with the Planning Council. C/W Kelch MOVED to table the item to the next regular meeting of 12/10/80, and V/M Massaro SECONDED. VOTE: ALL VOTED AYE. PUBLIC HEARINGS 21. G.M.G. Investment Co. - Petition #46-Z-80 - Discussion and possible action to consider a request for Limited Waiver to parking require- ments at the Isles of Tamarac Recreation Parcel located at 10500 N.W. 70th Street - Temp. Reso. #1785. SYNOPSIS OF ACTION: Held for consideration later in the day. (See Page 31) The City Attorney read Temp. Reso. #1785. Mayor Falck said that his office indicated that Mr. Glusman was re- questing that final action be deferred, until approximately 3:30 P.M., when he will be in attendance. -20- 12/2/80 mr/ Recon.11/26/80 Mayor Falck opened the discussion to the public, and closed it. CM Disraelly suggested that the item be held in abeyance, until 3:30 P.M., since the Public Hearing has been called. 22. H.L.R., Inc - Rezoning Petition #47-Z-80 - Discussion and possible action to rezone vacant land east of Vanguard Village from R-lB to R-3, by Temp. Ord. #834. first Reading. SYNOPSIS Of ACTION: (See page 25) The City Attorney read Temp. Ord. #834. Mayor Falck opened the discussion to the public. Saul Messinger said that Items 22 and 23 refer to contiguous proper- ties, and indicated that both items should be discussed at the same time. They were both considered together at the Planning Commission, he said, at great length, because the rezoning of Item #22, was con- tingent on also rezoning Item #23. The City Attorney advised that Council can vote and take action on one item at a time, but input can be received on both. Julian Bryan represented H.L.R., Inc., the petitioner, and said there was no problem in presenting both items, because they work together, but is aware that separate motions are involved. Mr. Messinger requested that the City Council vote on Item #23, prior to Item #22, to which they concurred. Tape Mr. Bryan indicated that these rezonings to R-3 and R-4A, would permit Side the development of attached multi -family dwellings on the eastern por- #6 tion of the property, and detached single-family dwellings on the west. The western portion, he said, was because the developer wishes to develop this similar to Spring Lake II, Tract 36, in Land Section 5; wherein the land in common around the dwelling units will be common - open -space, and would be the subject of the homeowners association, with common -open -space maintenance. Mr. Bryan said this situation aligns itself with an existing single- family development in Vanguard Village, and the only residential proper- ty that is contiguous to this petition. It is being proposed, he said, on the 20 acre site, which is bound on the north by a. B-1 tract that fronts on McNab Road; on the west, by Vanguard Village, also known as Mainlands of Tamarac Lakes -- Unit 15; and also bound on the south and east by an existing dedicated waterway; east of the canal is the City of North Lauderdale, with residential zoning. The petition, he stated, covers 20 acres, that is presently zoned R-lB, and is a part of the original Mainlands of Tamarac Lakes - Unit 15 plat, being shown as a 20 acre site, which was previously proposed by the Behring Corporation for multi -family units. On -site improve- ments, he said, were instituted which was rezoned in October of 1972, to an R--4A and R-3U category, permitting approximately 400 multi- family units on the property. Subsequent to that, Mr. Bryan said that Council changed the allowable density in the R-4A zoning category, which reduced it from 21.7 units Per acre, to 15 per acre, with the total allowed units being under 300. In the Spring of 1978, he noted the inclusion of the City's adopted Land Use Plan, this property was advertised to down this property to R--1B, which action was recommended for denial by the Planning Commission. Thereafter, it was approved by the City Council, in June of 1978. Mr. Bryan explained that McNab Road was in the process of being com- pletely rebuilt, which will go directly to State Road 7, and permit an eastern outlet to the City, of a major thoroughfare. He reviewed the various roadways and boundaries, as relates to the particular property. He indicated that the 50 single-family detached homes would be deed restricted, with a minimum age of 18 years. The balance of the property, he said, would have 150 two-story garden apartments, which would be restricted to adults only, with a recreation facility along the 50 foot entry drive. The bulk of those units, as proposed, would be along the eastern waterway that overlooks the City of North -21- 12/2/80 Recon.11/26/80 mr/ I Lauderdale. He suggested that any concern as to vehicular traffic, could be pursued by reading the traffic study approved by Tamarac, for the entire Woodmont development, which sites national statistics and local data. It is an accurate picture generated by single-family homes and garden apartments, adult deed restricted, he said, as opposed to single-family homes which would permit families.., He felt a more compatible use would be created with the proposed development. But, he proposed,that where existing lots are abutted, that additional landscaping be placed on the property, as a proper buffer between the uses. He additionally stated that the single-family being proposed, will be larger than the existing homes in the area, with a $70,000 to $75,000 price range. Mr. Bryan referred to the previous meeting, where a number of comments were made, which involved traffic control at the intersection of McNab Road, and the major entry road, with the purpose of requesting for R-3 and R-4A zoning and setback requirements. The Zoning Code, he said, does permit garden apartments - attached condominium type dwelling units, in R-3, however, the setback requirements are less stringent than in R-4A. The R-4A zoning, which they are requesting, is the most restrictive, and would be appropriate for multi -family housing; the R-3 for single-family homes, would permit the sale of detached dwellings, with a fee simple footprint beneath the house, and the land around it, in common; and is similar to the first villa parcel on Tract 73, in Woodmont. Jesse Glasser, a resident, discussed the vehicular traffic in and out of the business areas, and Brookwood Boulevard, which will be used as a public thoroughfare, such as University Drive. Edward Levy, a resident, requested that the application be denied, because the developer was interested in increasing the density of this area. He said the County Commission was requesting to freeze building, in order to reduce density, by establishing a new Land Use Plan, which was published in the Ft. Lauderdale News on Saturday, November 15th. He additionally stated that on November 19th, the Palm Beach County Commissioners refused seven multiple housing projects, in an attempt to reduce density. Ralph J. Crocker requested that single-family residence zoning remain in effect for this property. Pearl Scharf of Vanguard Village, inquired as to the population in 1972, with a response that it was 12,000,with 30,000 at the present time. She felt the City of Tamarac density should not be increased due to the water situation, which is an important item; also, the tremendous increase in traffic would create havoc. She requested this rezoning be denied. Julian Bryan said that the cross street intersections will have sig- nalization planned, in the Street Improvement Program, in order to have controlled traffic. He further advised that the Broward County Land Use Plan anticipated a certain amount of growth in units, as well as the City's Land Use Plan. But, he asked, what is the method or requirement of accurate growth, and how is the extra impact created by this growth covered? Mr. Bryan indicated that in the flexibility zone, there are 200 additional dwelling units, which were left in this area, for future use. The purpose of the site plan, he said, and the reason for submission, was because they were ready, willing and able to represent that it will be their site plan, and a part of their final site plan presenta- tion, if approved for rezoning. Mr. Messinger said that if Brookwood Gardens development includes the continuation of Brookwood Boulevard, of 70th Avenue, the Boulevard would be one of the finest roadways, running from Southgate Boulevard to Oakland Park Boulevard. But, he felt there would be an additional traffic load on Brookwood Boulevard, due to the proposed development. Frank Wallace, of Section 14, discussed the problem in obtaining a traffic light at the intersection of McNab Road and 70th Avenue, which he has repeatedly argued and appealed. -22- 12/2/80 Recon. 11/26/80 mr/ � � r Mayor Falck closed the public hearing on Item #22, because there were no further comments received. 23. H.L.R., Inc. - Rezoning Petition #48-Z-80 - Discussion and possible action to rezone land which extends westward from the eastern City limits toward Vanguard Village from R-IB to R-4A, by Temp. Ord.#835. First Reading. SYNOPSIS OF ACTION: Tabled to 12/24/80, for attendance at meeting by Lon Rubin. Mayor Falck opened the discussion to the public. The Mayor advised, that due to a request, Item #23 will be voted upon first, which will be followed by the vote on Item #22. C/M Disraelly explained that the extension of Brookwood Boulevard, as contemplated, will match at McNab Road, and proceed in a serpentine pattern, through a development, with an exit on University Drive, at the entrance to University Community Hospital. He further added that the second phase will consist of 201 units, which will be spread out through that particular tract. Fie also corrected the date of the re- zoning, which occurred April 24, 1978, with a motion made by him for rezoning to R-IB; also including a restriction that there would be no exit from this property into 67th Street. (PORTIONS OF THE DISCUSSIONS WERE TRANSCRIBED "IN VERBATIM", AS RELATED TO DRAINAGE AND UPROOTING OF THE ROADWAYS). V/M MASSARO: The underground utilities that are in there now, the drainage system, and so forth, you do understand that regard- less of which way the zoning goes, that this has to come out. That undoubtedly, the drainage is undersized, as has been all the drainage in the City that was done with the backbone im- provement sometime ago, and was not designed properly. JULIAN BRYAN: Yes, Ma'm, we have analyzed that, and would recognize that the drainage that was installed was only to handle street run-off, and is very small outfall lines, and would have to be upgraded and resized, and new engineering designs submitted and approved, and new fees paid. As to the water and sewer, since the street pattern is changing, for purposes of trying to make the site plan work better, and be more compatible, the water and sewer within the parcel would also have to be replaced, however, there is a major pumping station on the north property line, between that tract and the business parcel, that would probably be adequate, and have to be reviewed by your Engineering Department, to determine if any new pumps or anything would have to go into it. V/M MASSARO: Well, I just want to point out to you that not only the underground work, but in all probability, that you understand that the roads would have to be destroyed and rebuilt, as well, because of the length of time that they are in there. Because of the fact that the drainage has to be torn -out, that the utili- ties have to be torn -out, they are going to affect the roads, and, in no way would we want to see a patchwork quilt in there, in an area that we hoped would develop into a nice community, comparable with what is there to the west of it. I'd like to point out to the people here, to the residents of Vanguard Village, that there are things here that I think is important that you all think about. A project like this cannot be developed without some sort of a developers agreement. It is a very important part of it, because there are too many things that could occur, if they were given any kind of zoning or rezoning now. Because, they don't have to necessarily come in with the same site plan later, even if you liked it. And, before any kind of movement could be made with the property Tape that has been standing this length of time, it requires ....... Side so that everything is in black and white, and the people and #7 the City would know exactly what is going to happen there. They are asking for 100 units. I hear someone say it could go -23- 12/2/80 Recon. 11/26/80 mr/ J to 200 units. If there is a developers agreement, it can't go to 200 units. I also want to point out to you, that the set- backs that are required for single-family homes, are no --where near as great as in the R-4A. In the R-4A, although that allows for a greater density, within the developers agreement they would not be privileged to that greater density, because they are willing to downgrade the number of units. But, you would be getting much more green area than you are getting in an R-lB zoning. Now, another thing you've got to think about, they are talking about 50 feet from your home. R-lB allows them to build 20 feet from your home; only 7 1/2 feet between buildings, that is setbacks between buildings. The R-4A requires 20 or 25 feet, or at least 20 feet, but let me be sure and look, so that I am not misquoting something. Thirty feet required; so look at the logic, and I am not making any decision right now, and believe me I have nothing in my mind, as to which direction to go, but am just pointing out things that you should be familiar with. The R-4A requires 30 feet; the homes that would be abut- ting your area, are single-family homes, and there would be fifty of them. They agree, if I'm not wrong, you agree to have a 50 foot setback from their home. MR. BRYAN: The setback on the single --family homes would be a minimum required by Code, being 10 feet, and we would propose a minimum of 20 feet, plus whatever exists on the other side.And, in a discussion with a number of those homeowners, I have been ad- vised that there has been some improvements added to some of the houses, where they are apparently are within approximately 10 feet; with some decks, and patios and screen enclosures. So, it would be perhaps as close as 30 feet, rather than 50 feet. V/M MASSARO: Thirty (30) feet rather than 50 feet, and I don't want to misquote anything, but want to give the facts as they are, for your consideration. Now, if you have single --family homes throughout this project, they have to be of necessity, probably three (3) bedroom homes. What do you thing you are going to have there? Two people? No way. You are going to have more cars coming in and out of there, than if you had the multiple family, because there is hardly a home with families......... (opinions were voiced in unison from the audience) I am simply relating the facts to you. If the application were to be granted to the applicant, it would be necessary to use reserve units. We have a right and an obligation to see that when reserve units are permitted to be drawn down, the City should receive valuable considerations. Regulations concerning the draw -down of reserve units, must be establihsed. And, until these regulations are prepared, and approved by Council, I would MOVE that this item be TABLED, so that we know what we are doing. Furthermore, there is nothing that we can really agree to here today, Council, without Mr. Rubin here today. MR. BRYAN: Mr. Rubin was out-of-town for the holidays, as many of us were, and unfortunately is ill, and is still in Baltimore, and I hoped that he would back by tomorrow or the next day. And, of course, he had anticipated attending this meeting, because he would be in a position to make final decisions relative to the rezoning petition. And, as I say, he is unfortunately not in town. V/M MASSARO: Mayor and Council, there are many things here that have to be considered, and I don't want to see us act hastily in any direction. We just don't dare to do that, and don't dare to act hastily, but must consider our people; we must consider the ramifications of whatever direction we take, to be sure that we are doing what is best for the people, for the City, for that area, and I would MOVE that this item be tabled until the SECOND MEETING OF DECEMBER, 1980. C/W Kelch SECONDED. -24- 12/2/80 Recon. 11/26/80 mr/ VOTE: C/M Zemel - Aye C/W Kelch -- Aye C/M Disraelly - Nay V/M Massaro - Aye Mayor Falck - Aye 22. H.L.R., Inc. - Rezoning Petition #47-Z-80 - Discussion and possible action to rezone vacant land east of Vanguard Village from R-IB to R-3, by Temp. Ord. #834. First Reading. SYNOPSIS OF ACTION: Tabled to 12/24/80 meeting, for attendance by Lon Rubin at the meeting. (See pages 21 & 22) V/M Massaro felt that Item #23 also applies to this item, and MOVED to table until 12/24/80, and C/W Kelch SECONDED. VOTE: C/M Zemel - Aye C/W Kelch - Aye C/M Disraelly - Nay V/M Massaro - Aye Mayor Falck - Aye 24. Carlone's Restaurant - Special Exception - Petition #49-Z-80 - Dis- cussion and possible action to approve a request to allow on -premises consumption of alcoholic beverages at 7111 W. Commercial Boulevard in the Commercial Garden Mall., by Temp. Reso. #1786. SYNOPSIS OF ACTION: Adopted subject to 2:00 RESOLUTION NO.R- j3p(a PASSED. A.M. local time closing; and non --transferable license. The City Attorney read Temp. Reso. #1786. Mayor Falck opened the discussion to the public. Gary Dondanville, Attorney for John Carlone, advised that this matter was presented to the Planning Commission, and involved a re- quest for on -premises consumption, and was for table service. Mayor Falck closed the public hearing, because there were no further comments received. C/M Disraelly MOVED for approval of Temp. Reso. #1786, for on -premises consumption with a 2:00 A.M. local time closing, and a non -transfer- able license. C/M Zemel SECONDED. VOTE: ALL VOTED AYE. 25. Charter Board Proposed Charter Amendment - Discussion and possible action on a proposed amendment to the Charter to allow primary elec- tions of major or minor political parties to nominate candidates for general, elections, and to allow independents and others to be candi- dates for the offices of Mayor, Council and Charter Board. SYNOPSIS OF ACTION: No further action to be taken by the City Council, on the proposed Charter Amendment, as given by the Charter Board. Mayor Falck opened the public hearing. Melanie Reynolds felt that Council could permit this, because they were using the primary election process, to run in groups. She also indicated that this has been protested by her for many years. Morris Glicksman, a resident, said that Broward County experimented with Partisan and Non -Partisan elections, and the voters selected Partisan elections, as the best method for obtaining qualifying people to serve on the County Commission. He also noted there were many candidates in both the Republican and Democratic parties seeking the positions, with a primary and a run-off, prior to selection of a nominee for the November election. Each position was contested, he said, and the issues were presented to the electorate, and the elec- tors were able to cast an educated vote for the candidates of their choice. Mr. Glicksman stated that what works and is good for the -25- 12/2/80 Recon. 11/26/80 mr/ County, certainly must work and be good for the City of Tamarac. He indicated that at the last City election, there was no real contest, which resulted in no issues being discussed or presented to the voters. Many seats, he said, were unopposed, and those being contested, in- volved a weak and ineffectual candidate for the incumbent. The familiar face won, he said, and was not the proper method of electing a candidate. Because of the no primary provision of the City's Charter, there is only one party at present being involved in City elections, the Tamarac Non - Partisan League, which is unfortunately under the control of the en- trenched City Administration. He felt that primaries should be held, and would benefit the City, by opening up the elections to all parties, the Democrats, the newly formed Republicans, and also the Non -Partisans. This, he said, will serve the best interest of the people of Tamarac, and renew interest in civic affairs, encourage and stimulate citizen participation, and bring "new blood" into the life of the City. Mayor Falck closed the public hearing, because there were no further comments submitted. C/M Zemel said that he spoke for himself, and noted that he ran as an independent, with no allegiance to anyone, but the voters who elected him. C/M Disraelly said that in the past Charter Amendments were given to the City Council, after a vote by the Charter Board, but, he said,in this particular instance, there was none presented. A memorandum, he noted, was requested by the Charter Board, for preparation by the City Attorney. Mr. Birken said that at the last Charter Board meeting, which he did not attend, there was a vote taken to submit language to Council, with a memorandum. C/M Disraelly felt the fact that an individual belongs to a Party does not preclude WWone .- from mmni_n and Re l s at W No -Partisans n . a._ _ T h.e__r_e ._...is no need for two elections to be held by the City, which involves excessive costs. A proper application has to be filed, and the election laws have to be complied with, no matter what party runs, and the individual with the greater number of votes is elected. He additionally stated that the City of Jacksonville is the only City holding Partisan elections -in the State of Florida. C/M Zemel said that Non -Partisan elections in the City, would permit all qualified voters who meet the election laws of the State, and also the City Charter standards. C/M Disraelly MOVED that the City Council take no further action on the proposed amendment, as given to them by the Charter Board, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. 26. Code Chapters 20 and 24 - Temp. Ord. #819 - Discussion and possible action to correct conflicts between Chapters 20 - Platting, and 24 - Subdivision Improvements. Second Reading. SYNOPSIS OF ACTION: Adopted, as amended on ORDINANCE NO.O- F©- PASSED. 2nd and final reading. The City Attorney read Temp. Ord. #819. Mayor Falck opened the discussion to the public, and closed it because there were no comments received. V/M Massaro MOVED for the adoption of Temp. Ord. #819, on second and final reading, as amended, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. -26- 12/2/80 Recon. 11/26/80 mr/ I 27. Animal Control - Temp. Ord. #825 - Discussion and possible action to amend Code Chapter 4 by prohibiting the keeping of wild animals. Second Reading. SYNOPSIS OF ACTION: Adopted on 2nd ORDINANCE NO.0- ASSED. and final reading. The City Attorney read Temp. Ord. #825. Mayor Falck opened the discussion to the public, and closed it because there were no comments received. Mr. Birken explained the purpose of the ordinance, which would deter- mine regulations of maintaining animals that involved a potential threat to the health, safety and welfare of the neighbors. C/14-bisraelly mentioned that pitbulls were not mentioned; and he has read more about pitbulls doing damage than he reads about tigers, lions and leopards. C/M Zemel felt that the intent of the ordinance was good, and MOVED for approval of .Temp. Ord_ 4.825., on .se-rond rea.hi-ng, by amenUirrg removal of --the second sentence of Section 1, ending with mountain lions. MOTION DIED FOR LACK OF A SECOND. C/W Kelch MOVED to approve Temp. Ord ..... #825, _on.__ -second .end.- f-i.a-1- read-ing i- - -and V/M-Massaro SECONDED. VOTE: C/M Zemel - Nay V/M Massaro - Aye C/W Kelch - Aye Mayor Falck - Aye C/M Disraelly - Nay V/M Massaro indicated that she would like to see the results of the pending lawsuits on pitbulls, prior to action. 28. Florida Uniform Contraband Transportation Act - Temp. Ord. #829 - Dis- cussion and possible action to establish a Law Enforcement Trust Fund for deposit of monies derived from the sale of contraband. Second Reading. SYNOPSIS OF ACTION: Adopted on 2nd and final reading. ORDINANCE NO.O- gQ - /� _PASSED. The City Attorney read Temp. Ord. #829. Mayor Falck opened the discussion to the public, and closed it because there were no comments received. C/M Disraelly MOVED for the adoption of Temp. Ord. #829, on second and final reading, and V/M Massaro SECONDED. VOTE: ALL VOTED AYE. 35. City Rezoning Petition #43-Z_80 - Discussion and possible action to rezone land on the east side of University Drive, south from 64th Street to St. Malachy Church property from R-3 to RM-10, by Temp. Ord. #842. First Reading. SYNOPSIS OF ACTION: DENIED The City Attorney read Temp. Ord. #842. Mayor Falck opened the discussion to the public. Saul Messinger inquired as to the specific reason for rezoning at this time, and asked if there was a plan for development of the property at the present time. Mr. Cross advised that the City is requiring with their Land Use Plan, Tape and also the County Land Use Plan, for conformity. He confirmed the Side fact that RM-10 calculated units will be available, with more open #8 space permitted under this zoning designation. Mr. Messinger indicated that Vanguard Village has a disadvantage, be- cause it is bounded on three sides by undeveloped property. He requested -27- 12/2/80 Recon. 11/26/80 mr/ that R-3 zoning be maintained. C/W Kelch indicated that the rezoning was to update the current zoning map of the City, to which C/M Disraelly noted that there is a Land Use Plan, but the City does not have to be hasty at this time. He then MOVED that this rezoning be DENIED at the present time, and V/M Massaro SECONDED. Mr. Cross responded to a question by C/W Kelch, that the City Attorney was eager for the rezonings to occur, because they are required to be accomplished within the year for compliance with the Broward County Land Use Plan. C/M Disraelly advised that the Land Use Plan can be amended once a year, and could be considered at that time, because zoning changes occur. VOTE: ALL VOTED AYE. The City Planner advised that nine City anticipated rezonings were not in compliance with the Land Use Plan in Tamarac, outside of Land Section 7, the Rockpit area, and Tract 49. V/M Massaro felt that the parcels to be considered for rezoning, are not required at this time, and is not beneficial to the City presently, to which Mayor Falck recommended that each item be discussed individually. because they have been advertised for public hearings. 29. City Rezoning Petition #37-Z-80 - Discussion and possible action to rezone land on the west side of 94th Avenue north of Visual Graphics, extending westward 2600 feet from R-4A to RM-10, by Temp. Ord. #836. First Reading. SYNOPSIS OF ACTION: Tabled The City Attorney read Temp. Ord.#836. Mayor Falck opened the discussion to the public, and closed it because there were no comments received. C/M Disraelly said a reduction of units was being considered from 15 to 10 units per acre, with 3- story height not being changed, but it would be permitting more open space. He then MOVED to adopt Temp. Ord. #836 for Petition #37-Z-80. V/M Massaro felt that damage might be involved to the people and the City, by approving this rezoning at the present time. MOTION DIED FOR LACK OF A SECOND. V/M Massaro MOVED to DENY Temp. Ord. #836, and C/W Kelch SECONDED VOTE: ALL VOTED AYE. V/M Massaro MOVED to RECONSIDER Petition #37--Z-80, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. V/M Massaro MOVED to table Item #29, until it is brought up on the floor, at a Pre -Agenda Meeting, for discussion, and C/M Disraelly SECONDED. VOTE: ALL VOTED AYE. C/M Disraelly requested that the City Planner review an amendment to the Land Use Plan, to change this from a single-family area, and the possibility and method for removal from R-113; a light industrial zone on one side, and a three --story high-rise on the other side, with a lake in the rear of the property; also, R-3 being across the street, -28- 12/2/80 Recon. 11/26/80 mr/ I M 30. City Rezoning Petition #38-Z-80 - Discussion and possible action to rezone land on the east side of 94th Avenue south of Colony West Executive Golf Course, extending 1000 feet eastward from R-4A to RM-10, by Temp. Ord. #837. First Reading. SYNOPSIS OF ACTION: Tabled The City Attorney read Temp. Ord. #837. Mayor Falck opened the discussion to the public, and closed it because there were no comments received. C/M Disraelly MOVED to TABLE the item, and V/M Massaro SECONDED. VOTE: ALL VOTED AYE. 31. City Rezoning Petition #39-Z-80 - Discussion and possible action to rezone land west of Paradise Estates from R-4A to R-lB, by Temp. Ord. #838. First Reading. SYNOPSIS OF ACTION: Tabled The City Attorney read Temp. Ord. #838. Mayor Falck opened the discussion to the public, and closed it because there were no comments received. V/M Massaro MOVED to table Petition #39-Z-80, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. 32. City Rezoning Petition #40-Z-80 - Discussion and possible action to rezone land on the east side of 94th Avenue, 420 feet north of 58th Street, from R-3 to R14-10, by Tea._Ord. #839. First Reading. SYNOPSIS OF ACTION: Tabled, with rezoning research to be submitted to Council by the City Attorney. The City Attorney read Temp. Ord. #839. Mayor Falck opened the discussion to the public. Jack Cummings, the owner of the property, requested clarification of the particular parcel under discussion, plus legal description. V/M Massaro felt that a sketch should have accompanied the petition, which she had previously requested for other rezonings. Mr. Cummings indicated that the County Master Plan shows commercial for the property, and the City has downed it from business to apart- ments, and was presently interested in down -zoning it additionally. He felt that the City illegally rezoned the property from B-1 to R-3. V/M Massaro stated that the legality of this item should be determined by the City Attorney, but it was accomplished to protect the residents of Spyglass from downgrading of their property. Tape Mr. Cummings said that he requested a ruling from the City Attorney, Side on several occasions, as to whether the City had acted improperly, #9 but never received a reply. V/M Massaro inquired as to tabling of this item, in order to permit the City Attorney to research this, as to the rezoning being proper or improper, because a new rezoning might be initiated. Mr. Birken said that he did recall speaking to Mr. Cummings in his office, and subsequent phone conversations, but that it has been a few years since that time. It was his recollection that the City did act properly, but would research this. Mayor Falck indicated that the City Attorney will research this item, and once a report is submitted to Council, then it will be recalled. He then closed the public hearing, because there were no further com- ments received. -29- 12/2/80 Recon. 11/26/80 mr/ i V/M Massaro MOVED that Petition #40-Z-80 be TABLED, and the City Attorney research the rezoning from B-1 to R-3, to determine its legality; also, that a memo be issued to Council, as to the results, in order for appropriate action to be taken. C/M Zemel SECONDED. VOTE: C/W Kelch - Absent from dais C/M Zemel -- Aye C/M Disraelly - Aye V/M Massaro - Aye Mayor Falck -- Aye 33. City Rezoning Petition #41-Z-80 - Discussion and possible action to rezone land on the east side of 88th Avenue, south of the Colony West Clubhouse area from R-4A to RM-10, by Temp. Ord. #840. First Reading. SYNOPSIS OF ACTION: Tabled for further consideration. The City Attorney read Temp. Ord. #840. Mayor Falck opened the discussion to the public, and closed it because there were no comments received. C/M Disraelly MOVED to TABLE the item for consideration, and V/M Massaro SECONDED. VOTE: ALL VOTED AYE. 34. City Rezoning Petition_#42-Z-80 - Discussion and possible action to rezone the southeastcornerof�88th Avenue and McNab Road, from R-4A to RM-10, by Temp. Ord. #841. First Reading. SYNOPSIS OF ACTION: Tabled for further consideration. The City Attorney read Temp. Ord. 4841. Mayor Falck opened the discussion to the public, and closed it because there were no comments received. C/M Disraelly MOVED to TABLE for further consideration, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. 36. City Rezoning Petition #44-Z-80 - Discussion and possible action to rezone land on the south side of Commercial Boulevard, west from 47th Terrace to the turnpike from B-1 to R-3U, by Temp. Ord. #843. First Reading. SYNOPSIS OF ACTION: Tabled for further consideration. The City Attorney read Temp. Ord. #843. C/W Kelch felt that B-1 could not be permitted, but was an improvement, due to the small piece of land involved. C/M Disraelly indicated that the most appropriate use would be B-5 or or B-6, and was adjacent to the office plaza, which would preclude retail stores and restaurants, but be restricted to no more than a two-story office structure. V/P1 Massaro felt that R-3 should not be put into this area, because it involved units with families, but zoning identical to Mission Bell should be considered, and would request tabling of this item. C/W Kelch said she received calls from the residents of Section 5, which is adjacent to this parcel, and expressed their opinion for the erection of a plaza similar to Mission Bell. V/M Massaro MOVED to TABLE Petition #44-Z-80 for further consideration, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE_ -30- 12/2/80 Recon. 11/26/80 mr/ 37. City Rezoning Petition #45-Z-80 - Discussion and possible action to rezone land on the northwest corner of Prospect Field Road and 21st Avenue, from B-2 to M-1, by Temp. Ord. #844. First Reading. SYNOPSIS OF ACTION: Approved on lst Reading, as amended, with inclusion in title of legal description. The City Attorney read Temp. Ord. #844. Mayor Falck opened the discussion to the public, and closed it because there were no comments received. Mr. Birken indicated that the title should be amended to include the legal description, which will be advertised for second reading. C/M Disraelly MOVED that Petition #45-Z-80, Temp. Ord. #844, be APPROVED with the inclusion in the title of the ordinance, as to the description that is appended to the rezoning application, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. 21. G.M.G. Investment Co. - Petition #46-Z--80 - Discussion and possible action to consider a request for Limited Waiver to parking requirements at the Isles of Tamarac Recreation Parcel located at 10500 N.W. 70th Street - Temp. Reso. #1785. SYNOPSIS OF ACTION: Adopted (See pages 20 & 21) RESOLUTION NO. R- �30 -,;�7 & --,) PASSED. Mayor Falck advised that a public hearing was held on this item earlier in the day, but action was delayed at the request of the Petitioner. Mr. Glusman said that the people were aware of the mortgage, which does include their $15.00 amortization payment. He did state that the addition to the building would have a "cap" on the increase, which related to Item #39. C/W Kelch felt there were clouds over this issue which should be in- vestigated. Mr. Glusman said that approximately three months previous a general meeting was held with over 150 people, who were notified by mail. C/M Disraelly said that at some point in time the association takes over, and felt there should be a review with the people who are doubt- ful as to its interpretation. C/W Kelch said there were 18 spaces, and felt that the safety feature was included, with adequate turn -around, and would approve the waiver. C/M Disraelly also felt there was no problem with the waiver, but stated that the public hearing was held, and MOVED that Temp. Reso. #1785 be APPROVED for limited waiver to parking requirements. C/W Kelch SECONDED. VOTE: ALL VOTED AYE. - V/M Massaro - Absent COMMUNITY DEVELOPMENT 39. Isles of Tamarac -- Revised Site Plan - Discussion and possible action to approve a revised site plan to expand the clubhouse. SYNOPSIS OF ACTION: Tabled for further review C/12 Disraelly MOVED to table the item, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. - V/M Massaro - Absent 40. Mainlands Section 9 - Revised Site Plan - Discussion and possible action to approve a revised site plan for a porch enclosure on the clubhouse. SYNOPSIS OF ACTION: Approved -31- 12/2/80 Recon. 11/26/80 mr/ I C/W Kelch indicated that the Staff advised complete compliance with all applicable ordinances, and MOVED that the revised site plan for Mainlands Section 9, be APPROVED. C/M Disraelly SECONDED. C/W Kelch also noted that Development Review Requirements have been satisfied. VOTE: ALL VOTED AYE. 41. Cypress of Woodmont - Tract 61 - Revised Site Plan - Discussion and possible action to approve construction of an entrance wall. SYNOPSIS OF ACTION: Approved, as amended. rK8,n Loans Landscaping was in attendance,for the applicant. C/M Disraelly indicated this item was presented to the Beautification Committee; was well landscaped, and involved the verbiage on the sign, as to the deletion of the word "private", and the words "Holly Court" would be centered under the word "Woodmont". He additionally stated that the site plan was on the corner of 88th Avenue, which was suf- ficient, and does conform in detail to everything that was done by Woodmont. C/M Disraelly then MOVED for APPROVAL of the revised site plan, and that the Development Review Requirements have been satisfied. He further indicated that the site plan was being reviewed, and not the wall itself. His MOTION also included amendments on page 2, where the lettering "private" is to be deleted, and the words "Holly Court" would be centered. C/W Kelch SECONDED. VOTE: ALL VOTED AYE. 42. Woodmont Plaza - Discussion and possible action on: a)Site Plan b)Plat - Temp. Reso. #1787 c)Landscape Plan d)Development Review Agreement e)Water and Sewer Developers Agreement Located at the northeast corner of McNab Road and 80th Avenue. SYNOPSIS OF ACTION: Tabled upon the recommendation of the City Engineer. C/M Disraelly said that based on the information received, he would MOVE to TABLE the item, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. 43. Brookwood Gardens - Discussion and possible action on: a)Site Plan b)Plat - Temp. Reso. #1788 c)Landscape Plan d)Development Review Agreement e)Water and Sewer Developers Agreement Located on the north side of McNab Road, and 70th Avenue. between University Drive SYNOPSIS OF ACTION: a) thru e) Tabled until original deed is received on road R-O-W dedication. Mr. Birken said that he has been awaiting a deed from Mr. Zeiher, which was to be held in escrow until the plat for the adjoining property is approved. He felt that Council should consider the lack of cooperation in their action, because he was advised that the applicants have not delivered a fully executed and accepted document. Greg Darby of Darby & Way, said that he would contact someone re- lating to this document, and did not understand the reason for non- delivery to the City. The City Attorney noted that the road was not part of the plat, but dedicated by separate instrument, and recommended tabling. -32- 12/2/80 Recon. 11/26/80 mr/ C/W Kelch MOVED to TABLE the item until the original deed is received on the road right-of-way dedication, and C/M Zemel SECONDED. VOTE: C/W Kelch - Aye C/M Zemel - Aye C/M Disraelly- Aye V/M Massaro - Absent Mayor Falck - Aye REPORTS 44. City Council Mayor Falck advised that the A95 Review Committee for the County, will be reviewing a grant application on Monday, 12/8/80, for Tamarac, which involves $1,500,000 for drainage improvements. C/M Disraelly indicated that he was waiting for a report on the key control for the pumps, which was to have been submitted to Council based on the 11/14/80 meeting. The City Manager responded that it was typed and distributed. He also reminded the City Manager that a form was requested on recom- mendations for site plans, retention, plus five or six items that are required. This, he said, would avoid use of the long form used by Staff, but would briefly indicate the various fees that were paid, and upgrading has been accomplished. 45. City Manager Mr. Gross wished everyone a Happy Hanukah, but did not have a report, MEETING WAS ADJOURNED AT 5:30 P.M. — - / f . P�AYOR ATTEST: 12 ASSISTANT CITY CLERK This public document was promulgated at a cost of $ 4 0 , or per copy, to inform the general public and pub is officers and employees about recent opinions and considerations by the City Council of the City of Tamarac. APPROVED BY CITY COUNCIL ON �12i -33- 12/2/80 Recon. 11/26/80 mr/ r J & B SLURRY SEAL CMANY, INC. Route #4, P. 0. Box 203B Rockingham, North Carolina 28379 November 24, 1980 Mr. Edward A. Gross, City Manager City of Tamarac 5811 Northwest 88th Avenue Tamarac, Florida 33321 Dear Mr. Gross: In regards to your letter dated 11/10/80, we agree to repair the following areas which were damaged by illegal traffic when it was barricaded: hfare #l. Along betweenaCommercial inlands 1Boulevard no and N. rouW. 46th St. #2. At intersection of N. W. 44th Court and N. W. 48th Avenue. #3• At Monterey Drive at its intersection with N. W. 48th Avenue. We will vacumn sweep 20 curb miles of roadway. As agreed per our telephone conversation, it is our under- standing that it will be presented to council on December 2, 1980 for payment. Thank you for your cooperation. JP:jj Sincerely, J & B SLURRY SEAL COMPANY, INC. i > ames Prillaman Vice -President ATTACHMENT # 1 - ITEM #48 MEETING 12/2/80 (Recon. 11/2/80 Mtg)