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HomeMy WebLinkAbout1980-12-24 - City Commission Regular Meeting Minutesr 9" l �D' P. O. BOX 25010 TAMARAC, FLORIDA 33320 FIRST CLASS MAIL CITY OF TAMARAC, FLORIDA CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, DECEMBER 24, 1980 CALL TO ORDER: 9:00 A.M. ANNOUNCEMENT OF TIME ALLOCATIONS - MOTIONS TO TABLE -- The Chair at this time will announce those items which have been given a specific time to be heard, and will entertain motions from Council members to table those items which require additional research. Council may agendize by majority consent, matters of an urgent nature which have come to Council's attention after publication. PRESENTATIONS 1. Employee of the Month - Presentation of awards by Edward Gross, City Manager, to the Employee of the Month for November. 2. Consent Agenda - Items listed under Item #7, Consent Agenda are viewed to be routine and the recommendation will be enacted by one motion in the form listed below. There will be no separate 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 11/12/80 - Regular Meeting - Approval recom- mended by the City Clerk. b) Minutes of 11/14/80 - Reconvened Regular Meeting - Approval recommended by the City Clerk. c) Minutes of 11/25/80 -- Special Meeting - Approval recom- mended by the City Clerk. d) Minutes of 11/26/80 - Regular Meeting - Approval recom- mended by the City Clerk. e) Williams, Hatfield & Stoner - Consulting Engineer - 12/17/80 - $100.00 - Approval recommended by the City Engineer. f) S. Tumarkin & Associates - Court Reporter - re:Executive Airport - 12/9/80 - $904.15 - Approval recommended by the City Attorney. g) Mitchell Ceasar -- Grants Consultant - 12/10/80 - $1,254.41 - Approval recommended by the City Manager. h) Broward County Road Construction Agreements - Recommendec to be removed from the Agenda. /24 Pg.1 esented to Lonnie ott,T.U. West. 2/24-Pgs. 3/4 )thru d)-Tabled. & f)-Approved. -Removed, correct. D $1,254.33,app. ) thru j)Appvd. D be removed from �I M i) Mobil Oil - 88th Avenue - Drainage Bond - Recommended to be removed from the Agenda. j) Isles of Tamarac - Revised Site Plan - Clubhouse Addition Recommended to be removed from the Agenda. GENERAL ADMINISTRATIVE/FINANCIAL 3. Bid Authorization - Tamarac Utilities West - Discussion and possible action to authorize the City Manager go to bid for a tractor -truck. 4. Bid Authorization - Tamarac Utilities West -- Discussion and possible action to authorize the City Manager to go to bid for uniform rentals. 5. Police Department - Budget Adjustment - Discussion and pos- sible action to transfer funds from the Special Supplies Account to the Capital - Office Furniture Account. PUBLIC HEARINGS - 10:00 A.M. 6. Consumption of Alcoholic Be_ver_ages - Temp. Ord. #827 - Dis- cussion and possible action to prohibit consumption of alcoholic beverages in certain areas of the City. Second Reading. 7. All Florida Sanitation - Franchise Cancellation - Temp. Ord. 830 - Discussion and possible action to repeal Ordinance No.80--48, which authorized a commercial garbage collection franchise for All Florida Sanitation - Second Reading. PAGE TWO. /24 Pg.4 ty Mgr.auth.to for bid. /24-Pgs.4/5 y.Mgr.auth.to for bid. /24-Pgs.5/6 25 transferred Cap.Office Furl _2/24-Pg. 9 Appvd.0-80-120. 12/24-Pg. 9 Appvd.0-80--121. 3. Charter Amendment - Temp. Ord. #833 - Discussion and possibl 2/24-Pg. 9 action to place a Charter Amendment on the March 10, 1981 Appvd.0-80-122. ballot, relating to City Council salaries. Second Reading. 9. City Rezoning Petition #45-Z-80 - Discussion and possible 12/24 Pg.10 action to rezone land on the northwest corner of Prospect Appvd.0-80-123. Field Road and 21st Avenue, from B-2 to M-1, by Temp. Ord. #844 - Second Reading. 10. Police Department I.D. Cards - Tem . Ord. #845 - Discussion 12/24-Pgs.10/11/ and possible action to amend the Code relating to cost of 12 production of the identification cards. Second Reading. ppvd.0-80-124. LEGAL AFFAIRS 11. Pine Island Road and N.W. 57th Street - Discussion and pos- 12/24-Pg.11 sible action concerning closing 57th Street at Pine Island Closing appvd. Road (88th Avenue). subi. to review. 12. Off -Street Parking Regulations - Discussion and possible 2/24-Pg. 1 action on: rabled. a) Temp. Ord. #820 -- A (City Attorney Recommendation)provides that certain zoning districts' parking uses be permitted to continue until use is abandoned. First Reading - or - b) Temp. Ord. #820 - B (Planning Commission Recommendation) provides that certain zoning district parking uses be permitted to continue until use is abandoned. (abandonment includes when at least 50% of the premises have been de- stroyed or altered in size). First Reading. 13. Police Department I.D. Cards - Temp. Reso. #1789 - Discussion 2/24-Pg.11 and possible action to increase fees for production of the Appvd.R-80-281. identification cards. L J 14. Judicial Proceedings For Juveniles - Tema. Reso. #1803 - Discussion and possible action to request the Florida�Legis- lature to modify Chapter 80-290, Senate Bill 409 - concern- ing juvenile proceedings. 15. Auto Inspection Stations - Hours of Operation - Temp. Reso. #1804 - Discussion and possible action to urge the State to increase the operating hours of inspection stations in Broward County. COMMUNITY DEVELOPMENT 16. Wedgewood - Performance concerning an extension tion of certain work. PAGE THREE. 12/24 Pg.6 Appvd.R-80-278, 12/24-Pg.6 Appvd. R--80-279. Bond - Discussion and possible actio 12/24-Pgs.6/7 of a bond posted to guarantee correc Letter to Mr.Hahi regtin .bond ext. or wil be called 17. Westwood 22 - Revised Site Plan - Discussion and possible 12/24-Pg.2 action to approve a revised site plan for a fence. Approved. (tabled from 12/10/80). 18. Woodmont Tract 64 (LaForet) and Tract 70 (LaReserve) - 12/24 Pgs.1/2 Model Sales Facility - Discussion and possible action to APPvd.with conds. approve a permit for a model sales facility to be used by-80-280. both projects. (tabled from 12/10/80). 3:9. Perera's Restaurant and Commerce Center - Discussion and Mppvd.subj.to 24Pgs.7,8,9 possible action on: a) Site Plan ) Approved. b) Landscape Plan ) Accepted;Cty. c) Water and Sewer Agreement Dfficials to (located immediately west of Peninsula Federal Savings execute. & Loan Association) 20. University Medical Center - Sign Waiver - Temp. Reso. #1805- 2/24-Pgs.11,,12 Discussion and possible action to approve a waiver of the ppvd.for So -side sign ordinance for a sign on the south wall. ldg.-R-80-281. 21. Fenton Decorators - cussion and possible ordinance for a sign cial Boulevard. REPORTS 22. City Council 23. City Manager 24. City Attorney Sign Waivers - Tem . Reso. #1806 - Dis- /24-Pg.3 action to approve a waiver of the sign ppvd.R--80-282. at the rear of the building on Commer- City Council may consider such other business as may come before it. Pursuant to Chapter 80-105 of Florida Law, Senate Bill No.368: If a person decides to appeal any decision made by the City Council with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF TAMARAC MARILYN BERTHOLF CITY CLERK AGENDIZED BY CONSENT 25. Status of all Department Heads in City on Probationary Period and not covered under union contract - Discussion and passible action. 26. Approval of Mayor attendinE seminar in Orlando on Local Gov't. Law - Discussion and possible action. 27. Appointment of interim City Mama er - Discussion and possible action. _ 12/24-Pgs.13,14 Non -Union pers. prob.pd.ext.not to exceed 6 mons. 12/24-Pg.15 Appvd.for Mayor to attend seminar. 12/24-Pg.15 L.Stuurma.ns to be acting City Mgr. L I CITY OF TAMARAC, FLORIDA REGULAR CITY COUNCIL MEETING December 24, 1980 CALL TO ORDER: Mayor Falck called the meeting to order on Wednesday, December 24th, 1980, at 9:00 A.M., in the Council Chambers. ROLL CALL: PRESENT: Mayor Walter W. Falck Vice -Mayor Helen Massaro Councilman Irving M. Disraelly Councilman Irving Zemel Councilwoman Marjorie Belch ALSO PRESENT: City Manager, Edward A. Gross City Attorney, Arthur M. Birken Ass't. City Clerk, Carol Evans Clerk/Steno., Pat Eisen MEDITATION & PLEDGE OF ALLEGIANCE: Mayor Falck called for a Moment of Silent Meditation followed by the Pledge of Allegiance. Mayor Falck wished everyone a Happy New Year and said he hoped that 1981 is everything we all want it to be. LEGAL AFFAIRS 12. Off -Street Parking Regulations - Discussion and possible action on: a) Temp. Ord. #820 - A (City Attorney Recommendation)provides that certain zoning district parking uses be permitted to continue untl use is abandoned. First Reading - or b) Temp. Ord. #820 - B (Planning Commission Recommendation) provides that certain zoning district parking uses be permitted to continue until use is abandoned. (abandonment includes when at least 50% of the premises have been destroyed or altered in size). First Reading. SYNOPSIS OF ACTION: Tabled. C/M Disraelly MOVED to table Item 12, and C/W Kelch SECONDED the motion. VOTE: ALL VOTED AYE. COMMUNITY DEVELOPMENT 18. Woodmont Tract 64 (LaForet) and Tract 70 (LaReserve) - Model Sales Facility - Discussion and possible action to approve a permit for a model sales facility to be used by both projects. (tabled from 12/10/80). SYNOPSIS OF ACTION: Approved with conditions. Temp. Reso. 1807 approved. RESOLUTION NO.R - 70-,Zgp PASSED Mr. Birken said that Council has all the information requested and there is a Resolution that he suggests Council enact if the application is to be granted -- essentially the Resolution would allow the City to accept the offer of easement and option; the option itself would be exercised only if the trailer was not removed within a certain amount of time. Mr. Birken then read the Resolution by title. C/M Disraelly asked how this ties in with the copy of easement received this morning and Mr. Birken replied that at the last Council meeting a copy of the easement and option agreement was presented. The sketch was missing and that was handed out; the verbiage was given to Council about two weeks ago. -1- December 24, 1980 /Pe r � � V/M Massaro indicated that there has been a problem with LaForet, but not with parking for the model sales and thinks we can extend this same privilege they have had; it has been landscaped beautifully and then she MOVED that the conditions as they exist today be permitted to continue for Tract 64 and to be used for Tract 70 as well and that no further parking requirements should be imposed on this project for a six month period and landscaping as it exists is adequate and fine. C/M Zemel SECONDED the motion. VOTE: ALL VOTED AYE. V/M Massaro MOVED that Temporary Resolution #1807 be approved as read and C/W Kelch SECONDED the motion. VOTE: ALL VOTED AYE. PRESENTATIONS: 1. Employee of the Month - Presentation of awards by Edward Gross, City Manager, to the Employee of the Month for November. SYNOPSIS: Presented to Lonnie Scott, T.U.,West. Mr. Gross said it was an honor for him to present this award which is dictated by the employees; this man has worked with him personally many years and has done a good job in Utilities West and hopes he will continue working for the City many years. He feels this man will move forward to a much higher position than he now holds because he wants to and has the ability. He named Lonnie Scott and presented him with a Certificate of Appreciation, dinner for two at Triggs Restaurant and advised Mr. Scott that his name will be engraved on the Plaque which remains on the wall of City Hall. Mr. Lonnie Scott said this is the first time he has ever been at a loss for words, because they call him "ratchet -jaw" at times and he thanked each and every one. COMMUNITY DEVELOPMENT 17. Westwood 22 - Revised Site Plan - Discussion and possible action to approve a revised site plan for a fence. SYNOPSIS OF ACTION: Approved. C/M Disraelly indicated there was a discussion of this on the 10th of December and there is a memo from Mr. Larry Keating stating that the 12' utility easement dedicated by the plat presents no apparent problem getting into that lift station; in Mr. Keatingis opinion there is no adverse effect in the ability to service the lift station and C/M Disraelly MOVED that the revised site plan for Westwood 22 be approved. C/M Zemel SECONDED the motion. VOTE: ALL VOTED AYE. Mr. Leo Hacker, President of Westwood 22 thanked Council for approving this permit and wished everyone a Happy New Year. He then pointed out that there is a danger at..this Lift Station; there is a very heavy lid ,vhichcovers a depression of about 251, the lid is not locked and feels that a child could open this up and fall into it. He suggested that the City Engineer do something about putting a lock on the lid. Mr. Gross indicated that by state law it is illegal to put a lock on the lid; it is heavy andhedoesn't feel a child could lift it. Mayor Falck asked that it be checked to see if anything further could be done with this. -2- December 24, 1980 /Pe I L__ 1 21. Fenton Decorators - Sign Waivers - Temp. Reso. #1806 - Discussion and possible action to approve a waiver of the sign ordinance for a siqn at the rear of the...bullding on Commercial Boulevard. SYNOPSIS OF ACTION: Waiver approved for sign; also Temp. Reso. #1806 approved. RESOLUTION NO.R- 0-,.ZQ PASSED Mr. Birken, City Attorney read Temp. Reso. #1806 by title. C/M Disraelly said Fenton Decorators has a sign on the 57th Street side of this building which is permitted by ordinance, but Mrs. Fenton is now here requesting a waiver for a sign to be put up on Commercial Boulevard which is the rear of this building; other signs have been permitted and C/M Disraelly then MOVED that the sign that will be put up and has been presented to the Beautification Committee by Fenton Decorators complies with the requirements and follows the criteria that has been established and they be permitted to install a sign which simply says, "Decorators" on the south facade of that building. V/M Massaro SECONDED the motion. VOTE: ALL VOTED AYE. C/M Disraelly MOVED to approve Temp. Reso. #1806 and V/M Massaro SECONDED the motion. VOTE: ALL VOTED AYE. 2. Consent Aqenda a) Minutes of 11/12/80 - Regular Meeting - Approval recommended by the City Clerk. b) Minutes of 11/14/80 - Reconvened Regular Meeting - Approval recommended by the City Clerk. c) Minutes of 11/25/80 - Special Meeting - Approval recommended by the City Clerk. d) Minutes of 11/26/80 - Regular Meeting - Approval recommended by the City Clerk. e) Williams, Hatfield & Stoner - Consulting Engineer - 12/17/80 - $100.00 - Approval recommended by the City Engineer. f) S. Tumarkin & Associates - Court Reporter - re:Executive Airport - 12/9/80 - $904.15 - Approval recommended by the City Attorney. g) Mitchell Ceasar - Grants Consultant - 12/10/80 - $1,254.41 - Approval recommended by the City Manager. h) Broward County Road Construction Agreements - Recommended to be removed from the Agenda. i) Mobil Oil - 88th Avenue - Drainage Bond - Recommended to be removed from the Agenda. j) Isles of Tamarac - Revised Site Plan - Clubhouse Addition - Recommended to be removed from the Agenda. SYNOPSIS OF ACTION: a thru d - Tabled. e and f - Approved. g - Removed, corrected to $1,254.33, and approved. h thru j -- Approved to be removed from Agenda. C/M Disraelly requested and MOVED that items a),b),c),d) be tabled to a future meeting, approved payment of e), f), and removal from Agenda of h), i), j). v/ M Massaro SECONDED the motion. VOTE: ALL VOTED AYE. -3- December 24, 1980 /Pe C/M Disraelly stated that on item g) the taxes are computed incorrectly and it should be $1,254.33 instead of $1,254.41 and he then MOVED approval for payment of the bill for $1,254.33. V/M Massaro SECONDED the motion. VOTE: ALL VOTED AYE. GENERAL ADMINISTRATIVE/FINANCIAL 3. Bid Authorization - Tamarac Utilities West - Discussion and possible action to authorize the City Manager go to bid for a tractor -truck. SYNOPSIS OF ACTION: City Manager authorized to go for bid. Mr. Gross stated that he would like to go out for bid on this item at the present time and indicated that tnis type of truck may be located in the northern part of the state. V/M Massaro MOVED that the City Manager be authorized to go to bid for a used tractor truck and C/W Kelch SECONDED the motion. Mayor Falck mentioned that he had seen an article in the Kiplinger Letter that these type of trucks are in scarce supply in the southeast and perhaps by February or March this situation may change. VOTE: ALL VOTED AYE. 4. Bid Authorization - Tamarac Utilities West - Discussion and possible action to authorize the City Manager to go to bid for SYNOPSIS OF A6H69rm Cify W s •authorized to go or Did. Mr. Gross stated that we rent uniforms for the Utility personnel for which the cost is $2000.00 per year or more and, therefore, we must go for bid on these uniforms; C/M Disraelly has brought to his attention that on Page 2 of the proposal form, Insurance Item. #29 should be removed as well as several others and this will be taken care of administratively. C/M Disraelly MOVED that the City Manager be authorized to go to bid for supplying uniforms for the Utility and for Public Works and C/W Kelch SECONDED the motion. VOTE: ALL VOTED AYE. 5. Police Department - Budget Adjustment - Discussion and possible action to transfer funds from the Special Supplies Account to the Capital - Office Furniture Account. SYNOPSIS OF ACTION: $225 trans -to Capital Office Furniture. Mr. Gross stated that he believes this is self-explanatory in view of the documents in Council's possession and he indicated that this was an error on his part because he did not notice it when the purchase requisition came through that it was charged to another account originally; this is a Capital item and he asked that this item be removed. C/M Disraelly MOVED that $225.00 from line item account No.1-218-521- 306 of the budget named Special Police Supplies be transferred to line item account number 1-218-521-642 named Capital -Office Furniture. The balance in the account from which the monies are transferred was $2,839.10 prior to the transfer and $2,614.10 subsequent to the transfer. The amount of money in the account to which the monies are to be transferred was $0 prior to the transfer and $225.00 subsequent to the transfer. C/W Kelch SECONDED the motion. -4- December 24, 1980 /pe C/M Zemel stated that he thinks there should be some hesitation before buying $225.00 chairs. V/M Massaro asked if this item was within the budget originally and Mr. Gross replied, "No, originally it was recommended that some items were to be taken from Tamarac Utilities and transfer them over to that department; unfortunately, they did not have a chair there." V/M Massaro asked if this chair has been bought? Mr. Gross replied that it had been bought. V/M Massaro then asked why it was bought if it wasn't budgeted for and inquired as to who had the authority to purchase this chair. Mr. Gross said that no-one was authorized and he takes full respon- sibility for the fact that this got past his office. VOTE: LEGAL AFFAIRS ALL VOTED AYE. 11. Pine Island Road and N.W. 57th Street - Discussion and possible action concerning closing 57th Street at Pine Island Road _..------ (8 8 th Avenue)_.._ ... SYNOPSIS OF ACTION: Concept of closing approved subject to review of final plans for the closing structures. Mayor Falck reported that he received a telephone call from Mr. Ray Munitz, President of Section 12 stating that he would like to have a public hearing on this item for his people. Mr. Munitz indicated that he is in favor of this closing since there have been so many accidents and felt his people in Section 12 would benefit from this action. The Mayor further stated that he doesn't know what good a public hearing would be. V/M Massaro said that the fact that it was agendized and no-one from the public appeared, means that there couldn't have been that much concern. She wanted to explain the hazards at this inter -section and doesn't feel this should be delayed any longer, nor does she see the need for a public hearing as the people will not be inconvenienced to any great extent. V/M Massaro MOVED the approval of the concept of the closing of 57th Street and Pine Island Road subject to review of the final plans for the closing structures. C/M Disraelly SECONDED the motion. C/M Disraelly said this design is far superior to the one at University Drive because this will direct traffic to the right only and it pro- vides for a turn -around or U-turn with safety. Mr. Arthur Birken, City Attorney suggested the verbiage for the above motion indicating that this would be helpful from a liability stand- point in case of an accident. C/M Disraelly mentioned that the County should reinstate the left turn light on Commercial Boulevard because until they do, there will be accidents occurring even though they have indicated there isn't enough traffic flow to warrant a light at this time. Mr. Gross reported that the County will be putting in this light by Monday. VOTE: ALL VOTED AYE. -5- December 24, 1980 /pe I 14. Judicial Proceedings for Juveniles - Temp. Reso. #1803 Discussion and possible action to request the FloridaT Legislature to modify Chapter 8U-290, Senate Bill 409 concerning juvenile proceedings. SYNOPSIS OF ACTION: Approved. RESOLUTION NO.R $Q , ,5f�PASSED Mr. Arthur Birken read Temp. Reso. #1803 by title and changed the word "to" the Florida Legislature to "of" the Florida Legislature. C/M Disraelly said that Judge Hastings has from time to time indicated .t he p r_ o b 1 e m with juveniles and how unhappy he has been with the situation that prevailed whereby juveniles were being sent to 0 keechbbee because there was no room and then they were released. C/M Disraelly further said that when the 409 law was passed,things became worse,and he is happy to see that we are at least requesting the Florida Broward Delegation to improve conditions. C/M Disraelly MOVED the adoption of Temporary Resolution #1803, and C/W Kelch SECONDED the motion. Mr. Gross reported that he has been working on this item county -wide for about six months; this law has completely tied the hands of the courts and the Police Department. He said under this law a juvenile cannot be incarcerated at any time except for murder and a judge can no longer sentence that juvenile -- run -away juveniles have to be given back to the home and released to the parents -- he has letters from 8 of our County legislators who have all agreed that they will work very hard to have 409 repealed. VOTE: ALL VOTED AYE. 15. Auto Ins ection Stations - Hours of O eration - Temp. Reso._ _#_1804 - Discussion and possible action to urge the State to increase the operating hours of inspection stations in Broward County. SYNOPSIS OF ACTION: Approved. RESOLUTION NO. R n Jfp--e?� PASSED Mr. Arthur Birken read Temp. Reso. #1804 by title. Mr. Gross said that the County is the one that sets up the hours of the station; yesterday at the County Commission Meeting, the County approved private inspection stations which will be opening up shortly. (Tapeside #Z) Mayor Falck said he thinks the Resolution is drafted properly and this should be called to the Governor's attention. The Mayor's comment was due to a discussion by Council as to whether the Resolution should be sent to.B-roward County or to Governor Graham. C/M Disraelly MOVED the adoption of Temporary Resolution #1804 and C/W Kelch SECONDED the motion. VOTE: ALL VOTED AYE. COMMUNITY DEVELOPMENT 16. Wed ewood -- Performance Bond - Discussion and possible action con- cerning an extension of a bond posted to guarantee correction of certain work. SYNOPSIS OF ACTION: Letter to be sent to Mr. Hahn asking for request for bond extension by Dec. 30th or bond will be called. V/M Massaro stated that there has been some very important work done and she doesn't see any reason for them not to continue. -6- December 24, 1980 /Pe Mr. Birken indicated that Mr. Hann hasn't been able to be reached and Ms. Carol Evans said that she hasn't been able to contact Mr. Charlie Petrozella. Mr. Birken said if a written request is not received from them to extend it, it will have to be called. V/M Massaro MOVED that the letter be sent to Mr. Hahn with a copy to Mr, Charlie Petrozella indicating that if the request for the bond extension is not received by December 30th, that the bond would be called; other- wise the bond will be extended for another 30 days because the items listed in the bond have not been completed. C/W Kelch SECONDED the motion. VOTE: ALL VOTED AYE. 19. Perera'Z Restaurant and Commerce Center action on: a) Site Plan b) Landscape Plan c) Water and Sewer Agreement (located immediately west of Peninsula & Loan Association) SYNOPSIS OF ACTION: a) Approved, subject to conditions. b) Approved, c) Accepted and proper City officials authorized to execute Agreement. a) Site Plan - Discussion and possible Federal Savings V/M Massaro said there was a 4' sidewalk indicated on 57th Street, but the Engineering Department is requiring a 5' sidewalk, which is what Duft's is putting in, and our ordinance does require 50 on that width of street; it will be subject to further corrections as far as the estimated cost and fees are concerned. She also discussed with the engineer this morning the catch basin that is indicated on the engineer- ing drawings; they still do not indicate any means of picking up the drainage that will result in the swale at 57th street. She further indicated that there is very little drainage and it would be desirable to have some drainage within the driveways. She said Mr. Keating indicated it wou.id be desirable to have right in the bottom of the slope, a new form of grating installed with a stub line that will go to the 15" line that goes through to the south to pick up the drainage at Commercial Boulevard. C/M Disraelly asked if this would be tied into the catch basins to be constructed in the north and south driveways? V/m Massaro said, "yes", that there is a catch basin at the east end and one at the west end and they are approximately 30� in and it would stub in from there to that catch basin to the line that is a i5" line. Mr. Frank Perez, architect on the project presented the plans and he indicated that the edge of the pavement is a high point and felt it would drain down. V/M Massaro pointed out on the plans exactly what was needed and said Mr. Keating would be able to discuss it with him. Mr. Perez stated that they made ail the revisions that were requested by the Engineering Department and V/M Massaro indicated that this was over -looked and that the people would not be able to get through if water is standing there. V/M Massaro snowed Mr. Perez where this should be corrected on the plans and told him it would be his responsibility to maintain that, as the City cannot be involved with maintenance. -7- December 24, 1980 /pe V/M Massaro reported that the 5' sidewalk will affect the estimated cost and there will also be additional cost of the drainage facilities for the two driveways and also indicated to Mr. Cross that there has to be a review and amendment to the estimated cost on the lines that run through there; the plans indicate 15" and our plans said 12" and she said she didn't find the $500.00 for the ret-iew of the engineer- ing and asked Mr. Cross to check on this. C/M Disraelly asked Mr. Cross if there will be a curb on 57th Street on the south side and if therg will be curbing on the swale area? Mr. Cross stated that this is correct. C/M Disraelly asked how the water was going to get out between the curb and the sidewalk? Mr. Perez indicated that the water will just seep down into the ground water and C/M Disraelly asked him if the percolation was good enough? V/M Massaro stated that they are providing 1" of percolation. C/M Disraelly suggested that on the N.E. corner a sign should be erected saying, "Do not Enter" and asked Mr. Perez to mark this on his site plan; also the same sign to be erected on the west side. C/M Disraelly asked if they were provided with the necessary documents for the access to this property from Duffs? Mr. Perez indicated that they had a Letter of Agreement from the parties. C/M Disraelly asked if there can be two-way traffic at this corner without Duff's site plan? Mr. Birken said he doesn't see any problem with that as long as it is understood that Duff's has to get the site plan revised. V/M Massaro MOVED the approval of the site plan subject to the sidewalk on 57th Street being 5' wide and that there be drainage provided in the low point of the driveways stubbed into the 15" line which will connect to the Commercial Boulevard drainage system and also that on the east driveway a "One Way" and a "Do Not Enter" sign be placed as this is only one way going out, and at the west end a "Do Not Enter" sign also be placed in the appropriate location and that it is also subject to revised estimated cost and a revision of the estimated fees and that the develop- ment review requirements appear to have been satisfied. C/M Disraelly SECONDED the motion. VOTE: ALL VOTED AYE. V/M Massaro further MOVED that the applicant be fully aware that even though the drainage at the low point of the driveway is within the public right-of-way and is picking up the water from the road, the owner is responsible for the maintenance of this mini -catch basin and the stub line and the City will not be responsible for maintaining it. Mr. Perez said he found this agreeable. C/W Kelch SECONDED the motion. VOTE: ALL VOTED AYE. b) Landscape Plan Mr. Cross presented the landscape plans, and Mr. Perez said the only comment the Beautification Committee made was to increase the land- scape requirements along 57th Avenue. -8- December 24,,1980 /pe C/M Disraelly stated that there are 12 mahogany trees, 37 black olive trees and 4 sabal palms in the plans and Mr. Perez indicated that the hedge will be installed. C/M Disraelly MOVED acceptance of the Landscape Plan and C/W Kelch SECONDED tkL: motion. C/M Zemel - Aye C/M Disraelly - Aye VOTE: C/W Kelch - Aye Mayor Falck - Aye (V/M Massaro absent for this vote) c) Water and Sewer Agreement C/W Ketch MOVED to approve the acceptance of the Water and Sewer Agree- ment as presented and authorize execution by the proper City Officials. C/M Disraelly SECONDED the motion. VOTE: C/M Zemel - Aye C/M Disraelly - Aye C/W Ketch - Aye Mayor Falck - Aye PUBLIC HEARINGS (V/M Massaro absent for this vote) 6. Consumption of Alcoholic Beverages - Temp. Ord. #827 - Discussion and possible action to prohibit consumption of alcoholic beverages in certain areas of the City. Second Reading. SYNOPSIS OF ACTION: Approved. ORDINANCE NO. Q �`d:/ E] PASSED Mr. Birken read Temp. Ord. #827 by title and Mayor Falck asked if anyone from the Public wanted to speak; there being no response, the Mayor closed the Public Hearing. C/M Disraelly MOVED the adoption of Temp. Ordinance #827 on second and final reading, and C/W Kelch SECONDED the motion. VOTE: ALL VOTED AYE. Mr. Gross stated that for Council's information, the Police Chief will have a copy of this Ordinance delivered to all the convenience stores today. C/M Disraelly requested copies be delivered to all retail stores that handle alcoholic beverages and Mr. Gross concurrred. 7. All Florida Sanitation - Franchise Cancellation - Temp. Ord. #830 - Discussion and possible action to repeal Ordinance No.80-48, which authorized a commercial garbage collection franchise for All Florida Sanitation — Second Reading. SYNOPSIS OF ACTION: Approved. ORDINANCE NO. D— $6-f,2/ PASSED Mr. Birken read Temp. Ord. #830 by title and Mayor Falck asked if anyone from the Public wanted to speak; there being no -response, the Mayor closed the Public Hearing. C/W Kelch MOVED that Temp. Ordinance 4830 be approved on second and final reading, and V/M Massaro SECONDED the motion. VOTE: ALL VOTED AYE. 8. 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. Second Reading. SYNOPSIS OF ACTION: Approved. ORDINANCE NO. PASSED Mr. Birken read Temp. Ordinance #833 by title. Mayor Falck indicated that this was a Public Hearing and asked if anyone from the Public wanted to speak on the subject. Mr. Morton Student spoke in praise of the Council and expressed his opinion that the salaries should be increased. -9- December 24, 1980 /pe Ms. Melanie Reynolds said she doesn't think the Charter gives the City Council the authority to initiate an amendment to the Charter and also indicated that the newspaper advertising did not state that this was a Public Hearing. Mr. Arthur Birken, City Attorney replied that it specifically says in the Notice that interested parties may appear and be heard with respect to these proposed Ordinances in accordance with Florida Statutes 166.041. Ms. Virginia Taylor read a memorandum dated December pith sent to the Mayor and Members of Council, indicating that it was their unanimous opinion to put this on the ballot of the very next meeting. ,Tape- Mr. Birken stated that the Charter specifically says that the Council :ide is the legislative body of the City with full legislative pourers and :3) placing an item on the ballot is a legislative function. Mayor Falck asked Mr. Birken if he thought this was all in order and Mr. Birken replied that as far as he can see, "Everything is in order." C/M Disraelly quoted the first paragraph of the Charter Board's memo- randum dated December 18th relating to placing the issue of salaries on the March ballot. Mayor Falck asked if anyone else wished to speak from the Public; there being no reply, the Mayor closed the Public Hearing. C/M Zemel MOVED that Temporary Ordinance #833, an Ordinance placing on the ballot of March 10th, 1981 proposed amendment to Charter of the City of Tamarac be approved on second and final reading. V/M Massaro SECONDED the motion. VOTE: ALL VOTED AYE. 9. City Rezoning Petition #45-Z-80 - Discussion and possible action to rezone 1an on the northwest corner of Prospect Field Road and 21st Avenue, from B-2 to M-1, by Temp. Ord. #844 - Second Reading. SYNOPSIS OF ACTION: Approved. ORDINANCE NO. Q-- O-- PASSED Mr..Birken read Temp. Ord. #844 by title. Mayor Falck asked if anyone from the Public wished to speak on this subject. Mr. Morton Student indicated that the Public should be made aware of what B-2 to M-1 stands for; is it residential, commercial, or industrial and also where it is located so they may know whether they are for or against it. Mayor Falck asked if anyone else wanted to speak from the Public, there being no reply, the Mayor closed the Public Hearing. C/M Disraelly MOVED the adoption of Temporary Ordinance #844, Petition #45-Z-80 on second and final reading. C/M Zemel SECONDED the motion. VOTE: ALL VOTED AYE. 10. Police Department I.D. Cards - Tem . Ord. #845 - Discussion and possible action to amend the Code relating to cost of production of the identification cards. Second Reading. SYNOPSIS OF ACTION: (See Page 12) -10- December 24, 1980 /pe Mr. Birken, City Attorney read 'Temporary ordinance 4845 by title. Mayor Falck asked if anyone from the Public wanted to speak on the subject, there being no response, the Mayor closed the Public Hearing. V/M Massaro related to Council an incident whereby someone was recruited to do some work around their yard and found a wrist watch missing shortly after and she doubts whether the City can correct this situation. Mr. Birken said if the person was registered, perhaps the culprit could be found. V/M Massaro perhaps we can make this an educational process when this is approved, and she suggested that all clubhouses have a copy of this sent to them. Mayor Falck cited a case of two young boys coming to his house selling Christmas items having identified themselves as coming from the school and when his wife didn't receive the order two weeks later, she called the school and the school had absolutely no record of their children and said they couldn't keep track of these youngsters even though they might be representing the school. This child did deliver half the items and they notified the school that in the future these youngsters should have identification. Mayor Falck felt that the schools should be placed on notice too. VOTE: LEGAL AFFAIRS (See Item 10., Page 12) ALL VOTED AYE. 13. Police Department I.D. Cards - Temp. Reso. #1789 - Discussion and possible action to increase fees for production of the identifica- tion cards. SYNOPSIS OF ACTION: Approved. RESOLUTION NO.R--,go-e?:2 2 PASSED Mr. Arthur Birken, City Attorney,read Temp. Reso. #1789 by title. V/M Massaro MOVED the approval of Temp. Reso. #1789, and C/W Kelch SECONDED the motion. VOTE: ALL VOTED AYE. COMMUNITY DEVELOPMENT 20. University Medical Center - Sign Waiver - Temp. Reso. #1805 - Discussion and possible action to approve a waiver of the sign ordinance for a sign on the south wall. SYNOPSIS OF ACTION: Approved for south RESOLUTION NO.R- g0-,2 8/ PASSED. side of the building. Mr. Ray Baade, Chairman of the Beautification Committee reported that at the last regular meeting of the Beautification Committee the applica- tion for the waiver for a sign on the south side of University Medical Center . was considered by the Committee and it was their unanimous recommendation that Council approve this waiver. He said the building is set back quite away from both University Drive and also from McNab Road and it is almost impossible to realize that you are nearing that building without any identification. -11- December 24, 1980 /pe C/M Disraelly indicated that University Medical Center has identifica- tion on the north wall and was granted a sign facing University Drive and now they are requesting one on the south side and he finds no reason why this cannot be granted and MOVED approval of Temp. Reso. #1805 for a wall sign on the south side of the building identical to that on the east wall. C/W Kelch SECONDED the motion. VOTE: ALL VOTED AYE. C/W Kelch discussed the fact that the original number on Temp. Reso. #1805 was #1797. Mr. Birken stated that the record should show that the proper Resolution No. is #1805. C/M Disraelly MOVED t h at Temp. Reso. #1797 be changed to Temp. Reso. #1805, and V/M Massaro SECONDED the motion. VOTE: ALL VOTED AYE. C/M Disraelly asked Mr. Baade about a ground sign that was approved and suggested that a revised site plan be brought to us by the University Medical Center to cover that. Mr. Birken indicated that our regulations require that a revised site plan be issued. C/M Disraelly asked the Assistant City Manager to see that a revised site Plan that was originally approved for the ground sign at their entry be brought to Council. PUBLIC HEARINGS 10. Police De artment I.D. Cards - Tem . Ord. 4845 - Discussion and possible action to amend the Code relating to cost of production of the identification cards. Second Reading. SYNOPSIS OF ACTION: Approved. See Pages 10 and 111, ORDINANCE 110.0- PASSED Mayor Falck stated that we have to move back to Item 10 as we neglected to MOVE. C/W Kelch MOVED that Temporary Ordinance 4845 be approved on second and final reading, and C/M Zemel SECONDED the motion. VOTE: ALL VOTED AYE. REPORTS 22. City Council Reports C/M Zemel reported on the blasting in Coral Springs at the Coral Ridge Properties and stated that instead of alleviating itselt, the situation is becoming worse and the blasting is coming closer to the Sections of Tamarac 23, 24 and Spring Lake. He insisted Mr. Maurer, who is the Chief zoning Official, send -his blasting inspector, Mr. Bauman, out for the second time and the representative of Hercules Powder Company was there too. They had 63 holes drilled for 63 sticks of dynamite and C/M Zemel pushed the plunger; thousands of tons of earth moved, but he felt nothing. They then drove to Section 24 of Tamarac and started knocking on doors and the people indicated that they had felt the effects of the blasting. They then went to the home of Mr.Kumerow, who has a seismograph in his garage, but the blasting inspector said it was within the County limits. He then asked his daughter at his house about the blast and she indicated the baby was terribly frightened. The insurance companies are paying off due to the shocks from dynamiting. -12- December 24, 1980 /Pe C/M Zemel said a seismograph was put into his garage about 10 days ago. He received a phone call from Mr. Maurer who said that reports were being written to the County Commission, especially to Commissioner Forman and Commissioner Craft and Ms. Anne Kolb and they were ordering the blasting individual as of this past Monday to reduce the number of dynamite sticks being used. If that didn't alleviate the problem, they would order them to further restrict the number of dyanamite sticks they were using; if that didn't help, they were going to order them to cease dynamiting entirely. The County indicated that if they were sued by the blasting company, the County would be prepared for it. The blasting this week occurred between 3:30 and 4:30 and the blasts were still pretty bad; he will continue working on this problem so that the people in Sections 23, 24 and Springlakes will no longer have this problem. Mayor Falck mentioned that at the City Commission meeting yesterday, Mr. Birken spoke to the attorney about this matter and Mr. Birken said Milledge and Hermelee represent the rock pit operators and there has been a tremendous amount of money spent for experts to try and determine who is causing this damage in Dade County where there is blasting and the attorney suggested that Tamarac talk to some experts and they could provide us with names of engineers or firms who are involved in this and he made two suggestions which he thought might help right away-- 1) Dynamite should not be used, but plastics could be used as shock waves are less severe than with dynamite, 2) If the timing is calculated properly, the waves could be less forceful. C/M Zemel said the 63 sticks of dynamite that went off when he pushed the plunger were separated by micro -seconds, but it sounded like one blast; he said just the fuse itself was very noisy. He said he has reports from the top man in the country on this problem in the Broward County area and he indicated the blasts are in accordance with the regulations and the County ordinance standards, so there is a problem there as well. Mr. Birken said even if it is in accordance with the regulations, it could be a nuisance, and there may be avenues that could be explored. C/M Zemel added that the drainage project is going along beautifully and the people are contented and happy. 25. Status of all Department Heads in City on Probationary Period and not covered under union contract - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. All personnel not covered under union contract who are on a probationary period, their probationary periods be extended not to exceed 6 months until reviewed by the new City Manager. C/M Disraelly mentioned that on June 25th the appointment of a Chief Building Official was made for a six months probationary period which will expire tomorrow. He MOVED for discussion and possible action regarding the appointment of the Chief Building Official. Mr. Gross indicated that he would rather extend probation on any depart- ment head or supervisory employee rather than just the Chief Building Official. C/M Disraelly asked if there are others and Mr. Gross replied, "Yes, we should extend it for six months for all those people." C/M Disraelly MOVED for a discussion and possible action regarding the status of all personnel in the City who are on a probationary period at the present time. Mr. Birken mentioned that there are union contracts and C/M Zemel said it is department heads we are talking about; Mr. Gross concurred. C/M Zemel SECONDED the motion. VOTE: ALL VOTED AYE. C/M Disraelly MOVED that all personnel not covered under Union Contract who are on a probationary period,that their probationary periods be extended not to exceed six months until reviewed by the new City Manager. C/M Zemel SECONDED it for discussion. VOTE:. ALL VOTED AYE. V/M Massaro asked Mr. Gross to notify all the Department Heads and he indicated that he will do so. 22. CITY COUNCIL REPORTS V/M Massaro oped t at the Council had noticed that our drainage has improved measurably and with the augmentation there should be a tremendous difference; the retention that has been added throughout the City has taken care of the many storms and she has been pleased with the results. She hasn't had one complaint from the people and that is unusual. She then asked C/M Zemel how he felt and he replied that he didn't think there would be any problems. C/W Kelch stated that the PIC Committee is in the most Doyous position of announcing that new photographs have been taken and considerable up -dating of the Tamarac Showcase has taken place; it will be great and appearances will be made after the 1st of the year. Work is pro- ceeding nicely on new pamphlets which are being substituted for "This is Tamarac" and she is most grateful to this committee for accomplishing all these things. V/M Massaro suggested that it be presented to Council first before taking bookings, and C/W Kelch said that is exactly what is planned. Mayor Falck extended thanks to the City Manager, as this will be his last regular meeting and wished him well in whatever endeavor he undertakes; Council applauded and all wished him well. There is also the matter of his severance relating to sick leave, etc. He said that the Chair is open to suggestions. V/M Massaro said she believes the Mayor should review the matter and send a memorandum to Council,; if the Council has a difference of opinion, they will express it, otherwise this can be acted upon. C/W Kelch asked if this is satisfactory with the City Attorney. Mr. Bi,rken said it is not a legal question; it is administrative. Mayor Falck.said he spent time with the City Manager and with our auditors reviewing the drafts of the management letter and the audit report for the fiscal year ending September 30,1980.He has scheduled a hearing on this particular item for the second meeting in January -- all of the forms will be delivered to Council sometime the first of next week so it can be reviewed prior to discussing it with Mr. Emmer. Mayor Falck said there is absolutely no comparision between the audit that was performed on the fiscal year ending September 30th, 1980 as compared with the audit for September 30th, 1979. The relationship with the auditors has improved; he was kept informed and contacted on a regular basis by Mr. Emmer, by Mr. Sanchez and by the other Mr. Sanchez who came in periodically to give him a status report and the audit in general is a very satisfactory one. He said that last year he was very critical, as was the City Manager and thinks Council will like what they see. Mayor Falck said Mrs. Taylor sent a communication to Council dated September ;23rd in connection with getting an inventory of volunteers in connection with some of the Social Services work; he feels she is to be commended for getting this together and it will be distributed through the president of each of the sections. -14- December 24, 198u /pe �J Mayor Falck said he had a conversation with Mr. Nat Berg, President of Lime Bay Mens' Club, and talkp d about additonal drivers for the van and he felt optimistic about getting additional help in that area. 26. Approval of Mayor attending seminar in _Orlando on Local Gov't. Law - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. Approval for Mayor to attend seminar. Mayor Falck said he would like to agendize the matter of his attending a seminar in Orlando on the 8th, 9th, and loth of January; it is a legal seminar and he will be going up late Wednesday night. V/M Massaro MOVED to Agendize the matter of Mayor Falck attending a legal seminar in Orlando on January 8th, 9th, and loth, and C/W Kelch SECONDED the motion. VOTE: ALL VOTED AYE. Mayor Falck indicated that this seminar would be beneficial to him in his work. C/M Disraelly MOVED the approval of the Council for Mayor Falck to attend the seminar in Orlando on January 8th, 9th, and i0th. C/M Zemel SECONDED the motion. VOTE: ALL VOTED AYE. 23. City Manager Report Mr. Gross thanked everyone for his six years and he reminisced about the problems of the City; he has enjoyed his years here and would like to continue working in Broward County if possible. He further stated if the new manager has a problem he would be very happy to offer his assistance. 27. Appointment of interim City Manager - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. L.Stuurmans to be acting City Manager. (Tape- Mr. Gross asked to Agendize at this time to name Ms. Laura Stuurmans side as Acting City Manager. #4) C/W Kelch MOVED that the matter of appointing an interim City Manager be Agendized by Consent. C/M Disraelly SECONDED the motion. Mr. Birken indicated that it may not be prudent to name somebody as Acting City Manager. VOTE: ALL VOTED AYE. C/M Disraelly MOVED that upon January 3rd and the resignation of the City Manager that Laura Z. Stuurmans be named Acting City Manager until such time as a definite appointment of a City Manager has been named and appointed and commences his work and that she be empowered with all the authority that is inherent in a City Manager and that the discussions that have been presented to the members of Council by the Mayor at a prior meeting be incorporated so far as payment, etc. are concerned. V/M Massaro SECONDED the motion. VOTE: ALL VOTED AYE. C/M Zemel thought it inappropriate to refer to monetary compensation in the motion. -15- December 24, 1980 /pe i Mayor Falck wished everybody a Happy Holiday Season and adjourned the meeting at 11:00 A.M. J k Y R ATTEST: ASSISTANT CITY CLERK This public document was promulgated at a cost of $163.46, or $6.54 per copy, to inform the general public and public officers and employees about recent opinions and considerations by the City Council of the City of Tamarac. APPROVE BY CITY COUNCIL ON attoz'-��- xle� -16-- December 24, 1980 /pe evo L J