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HomeMy WebLinkAbout1980-01-10 - City Commission Reconvened Regular Meeting Minutesn1vin / 1 CITY OF TAMARAC, FLORIDA RECONVENED CITY COUNCIL MEETING (from January 9, 1980) 1 N-KI•41m$e PRESENT: Mayor W. Falck V/M H. Massaro C/M I. Disraelly C/W Kelch C/M H. Wiener ALSO PRESENT: E.A. Gross, City Manager A. Birken, City Attorney Marilyn Bertholf, City Clerk Merrill Carparotta, Clerk/Steno Mayor Falck called the Reconvened Meeting to order on Thursday, January 10, 1980 in Council Chanbers, at 10:30 AM. He indicated, the first item to be discussed was the Montwood Corporation, Stipulation #3, Item #3. Item #3 MDTIWOOD CORPORATION - STIPULATION #3 - TEMP. RESO. #1482 - Discussion and possible action. SYNOPSIS OF ACTION: �:adopted as amended RESOLUTION N0. R-PASSED subject to verification of the legals by the City Engineer.. The City attorney said, a draff-cite-ff,January 9th, 1980 was given to Cotmcil yesterday with the changes from the prior draft underlined or marked. Two papers with additional underlined changes which occurred during further review were given to Council this date. He further said, the figure per unit for recreation dedication as shown in Para a h 9 is now $95.00. This amount is in excess of what had been in the prior drafts. A discussion at the last Council meeting concerned the amount of money which would be given or paid to the City by the developer for local parks. Under existing court orders, the City cannot charge under its own regulations and it mwGt charge if it is going to be under the county's plat ordinance. This figure should be far in excess of the requirements set forth under the county plat ordinance. The $95.00 per unit is in excess of the figure which had been in the prior drafts. A prepayment figure of $76,000.00 is basically the figure the developers had agreed to pay the City in the prior drafts. Other changes which reflect input of the Council are underlined throughout the agreement. Vice Mayor Massaro said, she felt Council should check each paragraph and the underlined paragraphs brought to the attention of Council to show the corrections were made. The City Attorney said Pine Island is underlined in the First Paragraph 8. Councilman Disraelly said, reference to the payment of sidewalks is not included in the agreem ant . Vice Mayor Massaro indicated, there is a separate letter of agreement an that and a separate check -The developer is no longer required to install the sidewalks but we will be getting $60,840.00 in cash. Regarding paragraph 9, she said she would like the payment of $95.00 paid by the developer when the site plan is approved and and the City requires the fees for the recreation be paid at the time of platting. If sometime, the plat does not indicate the nunber of units but the site plan indicates the nunber, the fees should be paid at that time. There should be no further discussions on this. Each tract will be paying the figures included in the agreement. She said, we mst clarify the fact in order to avoid needless discussions. Councilman. Disraelly asked if the Vice Mayor wanted to strike and/or plats_ Vice Mayor Massaro replied yes and said the $95.00 per unit was to be paid on approval as per ordinance 72-31. Mr. Tiballi; attorney for the developer said there was an administrative problem. Approval on a plat could be delayed and there was no knowledge when a particular plat would be approved. 1/10/80 Councilman Disraelly questioned if there was any objection to the City striking and/or plats or stroking whichever city a royal is Veater. Mr. Tiballi said no. Vice Mayor Massaro said, the Council has not held up approval on the plats and that Council was trying to make things uniform for everyone in the City. She further said that for private recreation the sum of $95.00 per unit must be paid. Mr. Tiballi said he would honor the Vice Mayor's request and pay $95.00 per unit. Councilman Disraelly said The Fourth Paragraph Down Enclosed In Black Parenthesis has to be changed to Recreation to pay for the unit park and recreation fee." Strike "within ten days" and change to "at the approval of'. Strike "and/or plats" and strike wni�' cnever city approval is later in point time in that ast paragraph as well wit a ep riod after the word "tracts" to make it conform with the prior one. The City Attorney said after the word " a� rce - regardless of any other private recreation or recreation area provided. Vice Mayor said, the third paragraph - The one that starts "developer agrees'.' This says the developer may use these as he chooses, at his sole discretion. Whatever the discretion is, whoever is processing the site plan will be required to pay the fee. Because of the language, there has to be something at the end of. that paragraph. Mr. Tiballi responded to the Vice Mayor that it is easier to tell a builder to pay the City $95.00 a unit. Vice Mayor Massaro said, we need clarification. Prepaid fees, the park and recreational dedication fees should be paid at the time of approval of site plans. Either you have to turn o-rer the sum of the prepaid fees or the person processing the site plan has to pay. Councilman Disraelly said this pertains only to Section 4 plus the job in 88th Ave. Mr. Tiballi agreed. He said, only those tracts listed in the first part of Para a h 9 - business parcels and west of Pine Island Road are excluded. The City Attorney said, the developer must inform the City of those parcels for which credit for prepayment is to be given prior to the approval of the site plan for that parcel by the City. The payments are at the time of approval. Vice Mayor Massaro said, whatever a developer decides to do with the prepaid fees, the park and recreation dedication fees are to be paid on approval. Councilman Disraelly said, we will bookkeep to the units and keep subtracting. Vice Mayor Massaro said, if we obtain permission, there may be cases when it won't be used. Mr. Tiballi agreed to the language used by the Vice Mayor. The City Attorney said at the end of the third para ra h, after Exhibit E - Developer must inform the City of those parcels for which credit w ewe prepayments are to be given prior to approval of the site plan for that parcel by the City. Vice Mayor said, failure to provide that information by a developer applying for site plan approval, will cost the developer $95.00 per unit. Mr. Tiballi said, Capitalized DEVELOPER refers to us: The Agreement applies to our successors or assigns. Councilman. Disraelly said he thought Mr. Tiballi meant DEVELOPER in capitals would distinguish him from his assignee. He said, Mr. Tiballi is discussing two different developers. Where you (Mr. Tiballi) are the developer, that should be totally capitalized, Mr. Tiballi agreed. -2- 1/10/80 /mc The City Attorney responded the Councilman Disraelly's question regarding payment of $76,000.00 and said they (the developer) want to assign that obligation. Mr. Tiballi said there should be no confusion. Whoever develops the site plan will have to pay the $95.00 per unit. Vice Mayor Massaro said, starting at the fourth line from the bottom -- the words "within ten da s"comes out and the words "at the time of are inserted. The next to the last line, the word "plan- becorms singular. We'll take out the "S" and/or plats comes out and t eut a period after the word "tracts" and delete the rest of the language. Mr. Tiballi said, "�" should be optional. We may submit more than one -site plan at the same. time. The City Attorney said, the next change is on Pa e six (6). The word "private" underlined in Paragraph 10A was for clarification. Para raph C on Page,7 - The New Page 7 - The major change there is "no veste ri ts', Vice Mayor said, we cannot have the word "Prlvote" or it ublic" in those parks as we are not going to accept any small parce of f public park.— Mr. Tiballi said, it wasn't necessary to accept them. The City Attorney said, an Pam 5, the first ara h - Language was inserted at the end, regarless of any other private recreation or recreation areas provided. Vice Mayor suggested the word "private' be deleted. Vice Mayor Massaro said, the City is not going to give any consideration for any donations of land that might be imposed on the City, whether "private" or "public'.' The word "private" is deleted. Mr. Tiballi said he would like to return to paragraph 5 and ask the Council to insert the word "additional" as far as the exclusion of recreation. Even if it is not in specific terminology, he would like an acknowledgement that prior public recreation has already been granted to the City. He further said they did not want to be excluded from any consideration when they go to the County regarding what they or their predessors have publicly given public dedication. The exclusion would be only that there be no credit for any additional private recreation. The City Attorney said that was regardless of any other additional recreational or recreation areas provided. Mr. Tiballi said to state that "all else is tied to the court order after the date of this agreement". The City Attorney agreed and said "provided after the date of this stipulation". In response to a question by the Vice Mayor with respect to page 7 and an insertion an paragraph C, he said paragraph C deals with vested rights. Page 8 provides that both the City Engineer and the City Council must approve if there is an alternative method of drainage. The Vice Mayor said there are many problems with swales. Each Engineer has had his own idea of what method to use. Tape The City Attorney said page 10, paragraph 15 regarding easements; the City Engineer Side 2 and Mr. Schnars looked over the sketch showing where easements will be granted, as they agreed an those locations. The legal papers for the easements will be prepared and attached before submission to the judge. Mr. Tiballi said only the composite Exhibit H should be attached to the stipulation. If they are put in the stipulation, each titre any property in this section is an abstract, it has to have all those attached to it. The City Attorney said copies of schematics of said easements are attached hereto as composite Exhibit H. Eliminate the word "following". -3- 1/10/80 /mc Mr. Tiballi said for the record, there is an additional easement which will run across the golf course in some location. This addition was delivered yesterday to Mr. Birken and M,r: Keating. The City Attorney said paragraph 16 reflects the changes about the single family residential lots. Paragraph 18 reflects discussion by C/N! Wiener regarding the overall density that had been agreed to by Mr. Epple, representative for Montwood Inc. The petition is spelled out in paragraph 19. The bottom of page 13 reflects a commitment by the City Engineer and was a factor in the lay out of the golf course. Vice Mayor said she had specifically requested the elevation of the golf course be flatter so that some rain could be absorbed instead of a runoff into the canals. The City Engineer indicated 1.8 acres as retention. The City Attorney said on page 14, underlined minor changes in paragraph 21B and from up just for clarification fn paragraph 21. The signature page should be modified since it is going to the judge and Mr. Birken said he is signing it as City Attorney. The day before yesterday, the Council received a copy of the proposed ordinance written across the board. This ordinance will modify and shorten the site plan and final plat review processes. Vice Mayor said there should not be any site plan ordinance that does not apply to everyone. Even if the ordinance is never implemented, the needed protection is there. One ordinance should be effected and it would be attributable to everyone. The City Attorney said this stipulation, if approved by Council, would be subject to approval or verification of the legals by the City Engineer. Mr. Tiballi said for record, Sections 5 and 6 closed December 27, 1979. Some documents did not come out of escrow until January 3, 1980. The City Attorney read Temp. Reso. #1482. The motion will approve the resolution with the stipulation as amended, draft of 1980 plus the changes agreed to today and subject to the verification of the legals by the City Engineer. The County Attorney must approve the formula for the recreation, but that should not present any problems. Mr. Tiballi said he was not sure the resolution, as stated takes into effect such additional items the council must act on under the stipulations as executing the vacation of easements of those covenants and the acceptance of new covenants. The City Attorney said these were specified in the stipulation and would be coming to Council soon. Councilman Disraelly asked how many units would be developed in the area. Mr. Steve Epple said there would possibly be 2200 units minimum, The Vice Mayor said to clarify; 2200 is the anticipated figure. Councilman Disraelly congratulated the Vice Mayor for her many hours of work on this project. There is an agreement between the City and Mbntwood Corporation and he MOVED the adoption of Temp. Reso. #1482 as amended today and subject to the verification of the legals by the City Engineer. The City Attorney said he would like to add something to Section 1; to execute Stipulation #3 and submit same for approval to the court. It could also be subject to the approval to the legal descriptions of the City Engineer, C/W Kelch SECONDED the motion. Vice Mayor said she would like to know when Mr. Epple received the check. Mr. Epple said the Vice Mayor could have it now. Mr. Tiballi said he had a check for $60,840 and a letter dated today. TOTE: ALL VOTED AYE. -4- 1/10/80 /M PUBLIC HEARINGS Item #19. PETITION # 20-Z-79. MONTWOOD, INC. - to rezone from S-1 to R-3U. A-p-o-r-t-io-n--oT-W-ooUi6Et North Golf Course adjacent to the western edge of WoodmDnt Tract 47 - north of N.W. 81st. Street and east of 88th Avenue. Discussion and possible action. Te . Ord. #686 Second Reading. SYNOPSIS OF ACTION: Approved Second Reading ORDINANCE NO. 0-- PASSED. (Public Hearing Held 1/9/80) C/M Disraelly MOVED the adoption of Petition #20-Z-79 on second and Final Reading. x C/W Kelch SECONDED the motion. VOTE: ALL VOTED AYE. Item #20. PETITION # 21-Z-79. N-UNF'^'�D,INC. - to rezone from S-1 to R-3U. A portion o Woodrnnt North -Colf Course adjacent to southern edge of Woodnont Tract 47 - north of N.W. 81st Street and east of N.W. 88th Ave. Discussion and possible action. Temp. Ord. #687 - Second Reading. SYNOPSIS OF ACTION: Approved Second Reading. ORDINANCE NO. 0- 0 "PASSED. Public Hearing Held 1/9/80) Vicelin Mayor Massaro MOVED to adopt Petition #21-Z-79 on Second and Final g.. C/M Disraelly SECONDED the motion. VOTE: ALL VOTED AYE. Item #21. PETITION # 22-Z-79. MONTWOOD, INC. - to rezone from S-1 to R 3U. A portion of Woodmont North GoIT Course adjacent to northeast tip of Woodnont Tract 47 - north of N.W. 81st Street and east of N.W. 88th Avenue. Discussion and possible action. Temp. Ord. #688 - Second Reading. SYNOPSIS OF ACTION: Approved Second Reading. ORDINANCE N0. 0-_PASSED. (Public Hearing Held 1/9/80) C/W Kelch MOVED the approval of Petition #22-Z-79 on Second and Final Reading. C/M Disraelly SECONDED the motion. VOTE. ALL VOTED AYE. Item #22. PETITION #23-Z-79. MONTWOOD, INC. - to rezone from S-1 to R-4A. A portion of Woodmont Nor —Gol-f Course adjacent to western edge of Woodmont Tract 49 - north of N.W. 81st Street and east of N.W. 88th Avenue. Discussion and possible action. Te Ord. #689. - Second Reading. SYNOPSIS OF ACTION: Approved Second Reading. ORDINANCE NO. 0- 7 PASSED. (Public Hearing He d 1/9/80) Vice Mayor Massaro MOVED the adoption of petition Yk23-Z-79 on Second and Final Reading. C/W Kelch SECONDED the ration. VOTE: ALL VOTED AYE. -5- 1/10/80 /rx Item #23. PETITION #24-Z-79. NDNTWOOD, INC. - to rezone from S-1 to R-2A. Aportion-o-f-w-ooliTnit North Golf Course adjacent to northeast tip of Woodmont Tract 49 - north of N.W. 81st Street and east of N.W. 88th Avenue. Discussion and possible action. Te Ord. #690. Second Reading. SYNOPSIS OF ACTION: Approved Second Reading. ORDINANCE NO. 0-PASSED P is Hearing Held 1/9/80) C/M Disraelly MOVED to adopt Petition #24-Z-79 Second Reading, C/W Kelch SECONDED the motion. VOTE: ALL VOTED AYE. Item #24 PETITION #25-Z-79 MIT1WOOD, INC. - to rezone from S-1 to R-3U. A portion of Woodmont North Go f Course and adjacent to southeast tip of Woodmont Tract 48 - north of N.W. 81st Street and east of N.W. 88th Avenue. Discussion and possible action. Imp. Ord. 1/691. - Second Reading. SYNOPSIS OF ACTION: Approved Second Reading. ORDINANCE NO. 0- �PASSED. (Public Hearing Held 1/9/80) C/W Kelch MOVED to approve Petition #25-Z-79 Second and Final Reading. C/M Disraelly SECONDED the motion. VOTE. ALL VOTED AYE. Item #25. PETITION #26-Z-79. MONTWOOD, INC. - to rezone from S-1 to R-lC. A portion of Wood cmt Nor GoIf Course adjacent to northwestern tip of Woodmant Tract 50 - south of Southgate Boulevard - between University Drive and N.W. 88th Avenue. Discussion and possible action. Te Ord. #692. - Second Reading. SYNOPSIS OF ACTION: Approved Second Reading ORDINANCE N0. 0- - C% PASSED. (Public Hearing Held 1/9/80) C/M Wiener MOVED the adoption of Petition Jf26--Z-79 on Second Reading. C/M Disraelly SECONDED the motion. VOTE: ALL VOTED AYE. Item #26. PETITION #27-Z-79. NDNTWOOD, INC. - to rezone from S-1 to R-1C. A portion of Woo�zt NorIf Course adjacent to northern edge of Woodmont Tract 50 - south of Southgate Boulevard between University Drive and N.W. 88th Avenue. Discussion and possible action. Temp. Ord. #693. - Second Reading. SYNOPSIS OF AC`1ION: Approved Second Reading ORDINANCE NO. 0- %/ PASSED. (Public Hearing He d 1/9/80) C/M Disraelly MOVED the adoption of Petition #27-Z-79 Second and Final Reading. C/M Wiener SECONDED the motion. VOTE: ALL VOTED AYE. Item #27. PETITION #28-Z-79. NDNTWOOD, INC. - to rezone from S-1 to R-lC. A portion of Woodmont North Golf Course adjacent to southeast boundaries of Woodmont Tract 50 - south of Southgate Boulevard - between University Drive and N.W. 88th Avenue. Discussion and possible action. Temp. Ord. #694. -- Second Reading. SYNOPSIS OF ACTION: Approved Second Reading. ORDINANCE N0. 0- .0-��PASSED. (Public Hearing -Held 1/9/80) C/M Disraelly MOVED the adoption of Petition #28-Z-79 Second and Final Reading. C/W Kelch SECONDED the motion. VOTE: ALL, VOTED AYE. -6- 1/10/80 Item #28. PETITION #29-Z-79. MONTWOOD, INC. - to rezone from S-1 to R-3U. A portion of Wood-nmt North Golf Course a jacent to northern part of Woodmont Tract 47 - north of N.W. 81st Street and east of N.W. 88th Avenue. Discussion and possible action. Tenp._ Ord. #695. - Second Reading. SYNOPSIS OF ACTION: Approved Second Reading. ORDINANCE NO. 0- -I& PASSED. F lic Hearing Held 1/9/80) C/W Kelch MOVED the approval of Petition #29-Z-79 Second and Final Reading. C/M Wiener SECONDED the notion. VOTE: ALL VOTED AYE. Item #29. PETITION #30-Z-79. MONTWOOD, INC. - to rezone from R-3U to S-1. Southwest tip of Woodmont Tracesnorth of N.W. 81st Street and east of N.W. 88th Avenue. Discussion and possible action. Terms. Ord. #696. Second Reading. -- — SYNOPSIS OF ACTION: Approved Second Reading. ORDINANCE NO. 0-,? -Jg-/-PASSED (Public Hearing He d 1/9/79) C/ M Disrael.ly MOVED the adoption of Petition #30-Z- 79 Second and Final Reading. C/M Wiener SECONDED the motion. VOTE: ALL VOTED AYE. Item #30. PETITION #31-Z-79. MDNTWOOD, INC. - to rezone from R-3U to S-1. A portion of northern part of Woodmont Tract 47 - north of N.W. 81st Street and east of N.W. 88th Avenue. Discussion and possible action. T�jnp. Ord. #697. - Second Reading. SYNOPSIS OF ACTION: Approved Second Reading, ORDINANCE NO. 0- PASSED. Public Hearing Held 1/9/80) C/M Wiener MOVED the adoption of Petition #31-Z-79 an Second Reading. C/W Kelch SECONDED the motion. VOTE: ALL VOTED AYE. Item #31. PETITION #32-Z-79. MNTWOOD INC. - to rezone from R-3U to S-1. e nor east tip of Woodmont Tract 47 - north of N.W. 81st Street and east of N.W. 88th Avenue. Discussion and possible action. Te Ord. #698. - Second Reading. SYNOPSIS OF ACTION: Approved Second Reading. ORDINANCE NO. 0- 1 PASSED. (Public Hearing -Held 1/9/80) C/M Disraelly MOVED the adoption of Petition # 32-Z- 79 on Second and Final Reading, C/W Wiener SECONDED the motion. VOTE: ALL VOTED AYE. Item #32 PETITION #33-Z-79. NDNTWOOD, INC.,,- to rezone from R-4A to S-1. The southwest tip of Woock nt Tract 49 - north of N.W. 81st Street and east of N.W. 88th Avenue. Discussion and possible action. TT . Ord. ^99. - Second Reading. SYNOPSIS OF ACTION: Approved Second Reading. ORDINANCE NO. 0CIA -%/PASSED. (Public Hearing Held 1/9/80) C/W Kelch MOVED to approve Petition #33-Z-79 on Second and Final Reading. C/M Wiener SECONDED the motion. VOTE: ALL VOTED AYE. -7- 1/10/80 /mc Item #33. PETITION #34-Z-79. NONIWOOD, INC. - to rezone from R-4A to S-1. The northwest tip of Woodmrnt Tract 49 - north of N.W. 81st Street and east of N.W. 88th Avenue. Discussion and possible action. Temp. Ord. #700. - Second Reading. - —� SYNOPSIS OF ACTION: Approved Second Reading. ORDINANCE NO. 0- O-/ePASSED. Public Hearing Held 1/9/80) C/M Wiener MOVED to adopt Petition. #34-Z-79 on Second Reading. C/W Kelch SECONDED the motion. VOTE: ALL VOTED AYE. Item #34. PETITION #35-Z-79. MONTWOOD, INC. - to rezone from R-4A to S--1. A portion of the eastern edge o Woo&mt Tract 49 - north of N.W. 81st Street and west of N.W. 88th Avenue. Discussion and possible action. Tgp. Ord. #701 - Second Reading. SYNOPSIS OF ACTION: Approved Second Reading. ORDINANCE NO. 0-PASSED (PiLlic Hearing Held 1/9/80) C/M Disraelly MOVED to adopt Petition #35-Z-79 on Second and Final Reading. C/M Wiener SECONDED the motion. VOTE: ALL VOTED AYE. Item #35. PETITION #36-Z-79. MONTWOOD, INC. - to rezone from R-3U to S-1. ezesou kern e ge o Woo t Tract 48 - north of N.W. 81st Street and east of N.W. 88th Avenue. Discussion and possible action. Term. Ord. #702 - Second Reading. SYNOPSIS OF ACTION: Approved Second Reading. ORDINANCE NO. O-PASSED (PU61ic Hearing Held 1/9/80)' C/W Kelch MOVED the adoption of Petition #36-Z-79 on Second and Final Reading. C/M Wiener SECONDED the motion. VOTE: ALL VOTED AYE. Item # 36. PETITION #37-Z-79. MONTWOOD,IN6.- to rezone from R-lB to S-1. e nor est point of Woodmcmt Tract 50 - south of Southgate Boulevard between University Drive and N.W. 88th Avenue. Discussion and possible action. Temp. Ord. #703 Second Reading. SYNOPSIS OF ACTION: Approved Second Reading. ORDINANCE N0. 0- ,?P " 2,/ PASSED. (NElic Hearing Held 1/9/80) C/M Wiener MVED to adopt Petition #37-Z-79 on Second Reading. C/W Kelch SECONDED the motion. VOTE: ALL VOTED AYE. Item #37. PETITION #38-Z-79. MONTWOOD, INC. - to rezone from R-IC to S-1. The southwest tip of Woo t Tract 50 - so th of Southgate Boulevard - Between University Drive and N.W. 88th Avenue. Discussion and possible action. Temp. _Ord. #704. - Second Reading. SYNOPSIS OF ACTION: Approved Second Reading. ORDINANCE NO. 0-�,,V PASSED (Public Hearing Held 1/9/80 C/M Disraelly MOVED the adoption of Petition #38-Z-79 on Second and Final Reading. C/M Wiener SECONDED the motion. VOTE: ALL VOTED AYE. -8- 1/10/80 /mc Item #38. PETITION #39-Z-79. MONIWOOD, INC. - to rezone from R-lC to S-1. The northern edge of Woodn mt Tract 50 - south of Southgate Boulevard between University Drive and N.W. 88th Avenue. Discussion and possible action. Tenp. Ord. #705 - Second Reading, SYNOPSIS OF ACTION: Approved Second Reading. ORDINANCE NO. 0-PASSED eC (Public Hearing Held 1/9/80) C/W Kelch MOVED the approval of Petition #39-Z-79 on Second and Final Reading. C/M Wiener SECONEED the motion. VOTE: ALL VOTED AYE. Item #39. PETITION #40-Z-79. MON%WOOD, INC. - to rezone from R-3U to S-1. AA small strip of land on the south side of Southgate Boulevard approximately 1800 feet east of N.W. 88th Avenue. Discussion and possible action. Tetnp. Ord. #706 - Second Reading. SYNOPSIS OF ACTION: Approved Second Reading, ORDINANCE NO. 0-? - PASSED (Public Hearing Held 1/9/80) Vice Mayor MOVED the adoption of Petition #40-Z-79 on Second and Final Reading. C/M Disraelly SECONDED the motion. VOTE: ALL VOTED AYE. ITEM #3 MONVWD CORPORATION - Stipulation #3 - Temp. Reso. #1482 FURTHER DISCUSSION FOLLOWED AFTED PUBLIC HEARING The City Attorney said easements, vacations and covenants will be brought up at the next meeting. Mr. Tiballi said Council had the legal description for the covenants. It would be identical to the one that is already an the adjacent property except that it will start from the date it is granted and Council accepts it. It terminates on the identical date all previous stipulations terminate. He thanked the Council and said he would have all the documentation. Any problem with the legal description would be rectified to conform with what has to be done. Mayor Falck said his thanks to Mr. Tiballi and said that it had been a pleasure working with him. Item #11. Canal Reservation Release - Temp. Reso. #1485 - Discussion and possible action to release the canal reservations #12270, #12271 and 10-79-37 in the N.W. 4 of Land Section 7-49-41. SYNOPSIS OF ACTION: VOTE. Adopted RESOLUTION NO. R- PASSED The City Attorney read temporary resolution #1485. C/M Disraelly commented that temp. reso. #1485 was well written and MOVED the adoption of temp. reso. #1485. C/M Wiener SECONDED the motion. Mr. Gross,City Manager said for record, even though the date on the resolution reads November 29, 1989 and the letter does not state that there is a 30 day period from that date, South Florida Water Management District are holding their reports until they receive the city's resolution. ALL VOTED AYE. Item #15. Public Works - Wheel Balancer - Discussion and possible action on budget transfer for t is procurement. SYNOPSIS OF ACTION: Approved purchase of Wheel Balancer, Mayor Falck indicated, this item was discussed at yesterday's meeting (1/9/80) and a summary report submitted to Council by Mr. Hoyt, Finance Director. 1/10/80 -9- /mc C/M Disraelly said, based on yesterdays input, Council indicated funds were not to come out of contingency but to be allocated by the departments that would be involved based on the number of vehicles involved. He further indicated, receiving a memorandum dated January loth, 1980 from Mr. Hoyt about the budget adjustment. Mr. Gross said this memorandum will be attached to the minutes. C/M Disraelly said the report of January loth by the Finance Director for distribution of finds and after transfer of funds is outlined and should be used. He therefore, MOVED the purchase of the Wheel Balancer with the allocations of finds, as attached, as per the memo dated January loth. C/W Kelch SECONDED the motion. VOTE. ALL VOTED AYE. Mayor Falck assumed that work on the vehicles from Tamarac Utilities would be channeled. Mr. Gross Lidicated to the Mayor not at the present time. He said within the next thirty days, the city will be doing some of the work for Tamarac Utilities. At this point, he said he could not tell exactly what date the city would start doing this work but that it would be very shortly. Vice Mayor Massaro questionEd the city has purchased the vehicles that were on lease there, therefore, why are we not doing the mechancial work there. Mr. Gross responded, because of the manpower. He said, the city does not have the manpower to do all the work as it now states. The money for Tama.rac.Utilities was budgeted from outside sources. He further said, we are now working on. redoing the budget so that the city can hire another person in the public works area as a mechanic, and take the monies from the repair areas of Tamarac Utilities, and put it in there. We will then charge to Tamarac Utilities, that person. Item. 16. Bid Award -- Public Works Truck - Terrp. Reso. #1486 - Discussion and possible actr -to onawar a bi or one dump truck, SYNOPSIS OF ACIION;, Tabled until next meeting. The City Manager said he could not get all the information he needed and therefore, he asked that this item be tabled until the next council meeting. V/M Massaro so MOVED. C/M Wiener SECONDED the motion. VOTE. ALL VOTED AYE. City Attorne Re ort (continued from 1/9/80) The City Attorney advised Council he expected Mr. Hahn, developer from Wedgewood to be present. He indicated Council was given copies of a proposed Developers Agreement the day before. He further indicated, he spoke with Mr. Hahn's attorney concerning changes in the agreement which he found to be objectionable. C/M Disraelly said he was sure this item would come up at the Workshop Meeting to be held on 1/11/80. He said he would like for the record, the City Attorney did call Mr. Hahn's attorney this date. Item #4$. Recreation Deaartment - Proposed Carnival -Discussion and possible action. SYNOPSIS OF ACTION: Mayor Falek indicated to Council communication sent by the City Attorney in connection with a proposed carnival. Vice Mayor Massaro MOVED to agendize this item for discussion and possible action. C/M Wiener SECONDED the motion. VOTE ALL VOTED AYE. -10- 1/10/80 /me Sonny Gentile, Chairman of the Recreation board indicated he had shown Mr. Birken the contract for the carnival in the early part of month and he asked for certain changes. Sharon Ellis called the owner of the company and he sent the proposal out. He indicated, the committee would like the carnival in the month of February. (preferably the 6th to the 10th) The location would be on 57th Street and University Drive. (Orovitz property) He said he has a verbal agreement and further said he would obtain everything he needs in writing if and when Council agrees to this carnival. He indicated, the purpose of the carnival is to bring money into the recreation department. All profits would be earmarked for the recreation, department. He indicated, he will need a crew to clean -up each night and also someone in charge of tickets. C/W Kel.ch questioned, is there anything in the contract, if the commdttee makes a reservation for a certain titre or date, will there be any ropey forfeited, or any penalty if it should fall through. The City Attorney responded, it is not spelled out in the contract but that could be clarified one way or the other. C/M Disraelly indicted, we are talking of a time interval of less than 30 days. (25 days from now). Unless the Committee has a program defining what is going to be done, how it is going to be done, who is going to be responsible it is going to be difficult to put it all together. He further indicated all other areas which need supervision. Mr. Gentile said, if he were to receive an okay from the Council to go ahead and try to put the carnival together, he would immediately get his committee together and final out if they are willing to be part of this organization to sell tickets, and to help clean up. He further said, if they are not willing to work, he will cancel, the program. ape Vice Mayor said, the Tamarac Athletic federation wanted to be members of the ide 3 committee. Their resumes have never been turned into the city. She said they were willing to work and do all kinds of things. She indicated, they may want to sponsor the carnival and she felt they may be the ideal ones to run it. She further said, we have shyed away from this because of liability. Mr. Gentile indicated, he spoke with the Mayor the other day. He said a new organization has been formed in the city, the Police Athetic League in conjunction with the FOP and the Police Department. He indicated, if the city does not want anything to do with the carnival he would ask the PAL to take over this project. Mayor Falck suggested that Mr. Gentile get together with the Tamarac Athletic Federation and if they are not interested, he said would give favorable consideration to permitting the Police Athletic League sponsor it, in which event the city would not be involved in it. He said, in any event, the city has to be held harmless and felt there should be some kind of a bond in order to make sure the grounds are cleaned up after the carnival leaves to protect the city' s irmterest. C/W Keleh felt that the recreation board should not be. involved. in • this fair as they are part of the city because they are appointed by the city and represent the city. Mr. Gentile responded to a question by Mr. Gross. He clarified there are members from the Tamarac Athletic Federation in the Police Athletic League, The T.A.F. contribute money to the P.A.L. Mayor Falck indicated to Mr. Gentile that the Council is not opposing the carnival. The city does not want to be involved. There are too nmy complications. The city wants to make sure the carnival is handled properly without involvement. An 11:00 PM curfew is justifiable. Further discussion continued on recommendations for new members to the recreation board, and the Mayor and Vice Mayor told Mr. Gentile to tell the applicants to bring their applications into the city. Mr. Gentile thanked the Council for their patience. MEETING ADJOURNED. -11- 1/10/80 /mc ATTEST; CITY CLERK MA This public document was promulgated at a cost of $AV ;-e or$ S� per copy, to inform the general public and public o ids �r-Td erg oyees about recent opinions and considerations by the City Council of the City of Tamarac. -�_ 1/10/80 /mc I 0 Edward A. Gross, City Manager Robert A. Hoyt, Finance Director r \ January 9, 1980 BUDGET ADJUSTMENT REQUEST - 1-8-80 / The budget adjustment should be made as follows: To: Public works - Shop Capital Mach. & Equip. 1-139-519-643 $1,500 FROM: Police - Auto Repairs 1-218-521-460 $ 800 Contingency 1-872-581-901 700 1,500 Balances Before Transfer After Transfer MGM $4,990.49 134,125.00 RD7= 1\17T .!AN - 91%0 CITY MAN/,•., _ CITY OF TAMARAC $1,500 $4,190.49 133,425.00 Dept. TO: FROM: CMCE KY f --il JA N 1 o 1o8o 1'r Edward A. Gross, City Manager CITY MANAGER Robert A. Hoyt, Finance ,Direr r CITY OF TAMARAC January 10, 1980 BUDGET ADJUSTMENT REQUEST - Wheel Balancer The budget adjustment should be made as follows: Account Name & No. Balances Amount Before Transfer After Transfer Public Works Shop - Capital-Mech. & Equip. 1-139-519-643 $1,500 -0- $1,500.00 Police Auto Repairs 1-218-521-460 (660) 4,996.49 4,336.49 Fire Fire Apparatus 1-223-522-466 (150) 7,260.19 7,110.19 Building Auto Repairs 1-227-524-460 (195) 1,456.64 1,261.64 Public Works Street & Drain - Equip. Repairs 1-431-541-464 (450) 939.70 489.70 City Engineer Auto Parts 1-155-515-461 (45) 295.23 250.23 4-rr4cq- � M.m "I Cr L 10, MKIV=1 .1 To Edward A. Gross, City Manager Robert A. Hoyt, Finance Director DATI January 8, 1980 suwwr : BUDGET ADJUSTMENT REQUEST - 1-8-80. l The budget adjustment should be made as follows: TO: Public Works - Shop 1-139-519-643 FROM: Police 1-218-521-460 Contingency 1-872-581-901 $1,500 $ 800 700 $1., 500 dA N - 819W CRY MANAGER CITY OF TAMAw