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HomeMy WebLinkAbout1980-03-12 - City Commission Reconvened Regular Meeting MinutesCITY OF TAMARAC, FLORIDA RECONVENED CITY COUNCIL MEETING MARCH 13, 1980 (From March 12, 1980) CALL TO ORDER: Mayor Falck called the meeting to order at 10:30 A.M. on Thursday, March 13, 1980 in the Council Chambers. FlItelmmiff.111186 T m'G' nR 11 )1 PRESENT: Mayor W. Falck V/M H. Massaro C/W M. Kelch C/M I. Disraelly C/M H. Wiener ALSO PRESENT: Arthur M. Birken, City Attorney Edward A. Gross, City Manager Assistant City Clerk, Carol Evans ELECTION RESULTS - CHARTER BOARD -GROUPS 1 and 2 - TEMP. RESOL. #155 . Synopsis of Action: Temp. Reso. #1556 Adopted. RESO. R VO `Yl PASSED. Arthur M. Birken read this resolution in full. Irving Epstein - Group 1 - Elected for a term of 2 years. Stephen Monahan - Group 2 - Elected for a term of 2 years. Councilman Disraelly stated that he MOVED to approve Resolution 1556 declaring the results of the positions for the Charter Board. Councilman Wiener SECONDED this. Melanie Reynolds entered her protest at the manner in which the Charter Board has been made to run since 1977. She believes that it is illegal. VOTE: ALL VOTED AYE. ITEM #5. ELECTION RESULTS - CHARTER AMENDMENTS- QUESTIONS 1, 2 and 3. TEMP RESO. #1557. Synapsis of Action: Temp. Reso. #1557 Adopted. RESO. R-�O-gat PASSED. Mr. Birken read this resolution in full. Question 1 - Amendment to Section 4.04 of the City Charter Passed. Question 2 - Amendment to Section 6.03 of the City Charter Passed. Question 3 - Amendment to Section 7.03 of the City Charter Passed. These amendments now become a part of the existing city charter of the City of Tamarac which was adopted at the general election held on March 9, 1976 and subsequently amended. Vice Mayor Massaro MOVED to approve Temporary Resolution #1557 as read. Councilman Disraelly SECONDED the motion. VOTE: ALL VOTED AYE. ITEM #6. ELECTION RESULTS OF THE CITY COUNCIL - MAYOR DISTRICT 2 AND DISTRICT 4. TEMP. RESO. #15'5 . SvnoDsis of Action: Temp. Reso. #1558 Adopted. RESO. R r J'O-,Fb PASSED. 3/13/80gb Mr. Birken read this resolution in full. Walter W. Falck - Elected as Mayor of the City of Tamarac for a term of 2 years. Helen Massaro - Elected as Council representative of District 2 for a term of 2 years. Irving M. Zemel - Elected as Council representative of District 4 for a term of 2 years. Councilman Disraelly MOVED that Temporary Resolution 1558 declaring the election results of Walter Falck as Mayor, Helen Massaro as District Representative of District 2, and Irving M. Zemel District Representative of District 4 be adopted. Councilwoman Kelch SECONDED the motion. VOTE: ALL VOTED AYE. Mayor Falck then discharged with thanks the outgoing member of council, Mr. Harry Wiener, who had served as Councilman from District 4 for the past two years. Mayor Falck pre- sented Mr. Wiener with a plaque. Mayor Falck then read the inscription on the plaque. Councilman Wiener addressed the Council and stated that it was a sad event for him to have to leave the position of Councilman for the City of Tamarac. He stated that he had enjoyed this meaningful experience. He congratulated his successor, Irving Zemel and wished him well. He also con- gratulated Mayor Falck and Vice Mayor Massaro on their well deserved return to office. Mr. Wiener thanked all of the employees of the city for their wonderful cooperation and an especial thanks to the office staff who did their utmost for him during his term of office. He expressed appreciation to the Recreation Board, under the direction of Sharon Ellis, having performed remarkable results with the city park, providing a great deal of enjoyment for the children and adults alike. He also gave his thanks to the Social Service Board whose dedicated members bring humanitarian assistance to those residents requiring their help. His heartiest thanks to all of his friends and neighbors and all of the residents of the city for their personal support. Mayor Falck thanked Mr. Wiener for his support. The City Manager then swore in the newly elected Council members. Mayor Falck mentioned that when Councilman Wiener spoke of his appreciation of the help and support given to him by the employees of the city, the Mayor felt that Mr. Wiener was speaking for himself as well as the other members of Council. Mayor. Falck stated that he is deeply appreciative of the help and good wishes that have been extended to him by the city employees. Mayor Falck thanked all of the employees. Mayor Falck stated that it has been a great privilege and a great pleasure for him to have had the opportunity to work with the Council. Mayor Falck stated that he looks forward to the continuation of this kind of a relationship during the next two years. He thanked the Council, the City manager and the City Attorney. Vice Mayor Massaro stated that she feels sentimental when she thinks about Tamarac and all the efforts that have been put into the City, just like growing with your children. Vice Mayor Massaro stated that she feels the same way about everyone here in City Hall, that all of the employees through- out the years have been remarkable. Vice Mayor Massaro ex- plained that for her to do the work to the very best of her 3/13/80gb - 2 - T'T'FM * R _ ability means that she must be deeply involved in this work. She thanked all of the people for bearing with her and being so gracious to her. Vice Mayor Massaro stated that she appreciates all of the help she received from all of the employees and that without their help, the job would be more difficult. Vice Mayor Massaro stated that it is a pleasure working with all of the people in City Hall. Councilman Zemel stated that, as he looks about the Council chamber he feels that almost everyone in the room is a friend of his and that is a wonderful thought. Councilman Zemel stated that he will serve to the best of his ability and perhaps a little more. He thanked everyone for whatever help they will extend to him and for their confidence in him for now and the future. Councilwoman Kelch made a comment - GREAT! Councilman Irving Disraelly stated that it has always been very pleasant and friendly to have Councilman Wiener sitting next to him for the last two years, and that he will miss him. Councilman Disraelly said that he is very happy to have his good friend Irving Zemel sitting alongside him now. Councilman Disraelly stated that he is happy to continue to serve with these Councilmembers. APPOINTMENT OF VICE MAYOR BY MOTION OF THE CITY COUNCIL FOR A ONE 1 YEAR TERM. Synopsis of Action: Helen Massaro appointed as Vice Mayor for one year. Councilman Disraelly NOMINATED Helen Massaro as Vice Mayor. Councilwoman Ketch SECONDED this motion that Helen Massaro be elected to serve as Vice Mayor for the ensuing year. VOTE: ALL VOTED AYE. Vice Mayor Massaro thanked the Mayor and the Councilmembers for their confidence and she assured everyone that she will work diligently and to the very best of her ability. She is flattered and honored and wishes to thank everyone. ITEM #24. ISLES OF TAMARAC. REVISED SITE PLAN. DISCUSSION AND POSSIBLE ACTION TO APPROVE PERIMETER WALL AT THE MODEL/SALES COMPLEX. Synopsis of Action: Perimeter wall at model/sales complex - Developer's attorney to prepare document to satisfy City Attorney regarding maintenance of wall and Swale area; landscape plan to be submitted. Item tabled until both requirements have been met. Gary Glusman of G&G Investment Co. congratulated the members of the Council. He explained that the wall in front of the Council is identical to the wall on McNab Road that they constructed, which was approved by the Council in October. The staff had requested a corrected print and he did take care of this. The suggested wall will be in front of the project, right on Nob Hill Road. Mr. Glusman stated that there is a 6 foot utility easement on the rear of the lots that is shown and is recorded on the plat. The staff had requested that ` it be six inches out of the easement on the rear of the lot. The wall should be six inches from inside the easement line. Vice Mayor Massaro asked Mr. Glusman if he could get a landscaping plan back to the city by Tuesday. Vice Mayor Massaro pointed out that they must be specific on the landscaping. Mr. Glusman stated that he could do that. 3/13/80gb - 3 - Councilwoman Kelch stated that she had another question of Mr. Glusman. She wanted to know whether he had addressed the question made by the staff that he inform the homeowners that they are required to maintain the area outside of the wall. Councilwoman Kelch indicated that this is not something that is being imposed on the homeowners, but that it is their, responsibility. Councilwoman Kelch stated that she would like Mr. Glusman to submit to the Council the letter that he had sent to the people and an accompanying cover letter that indicates that he intends to provide this to each of the homes involved in this action. Vice Mayor Massaro pointed out that there would be a problem there due to the fact that he may give something to the homeowner and if the house would be sold, such a letter would be meaningless. It would have to be a recorded instrument. Councilwoman Kelch believes it is not necessary to record anything because this would be the responsibility of the homeowner. Vice Mayor Massaro pointed out that some people buy homes for speculation and sell the house immediately and the new person knows nothing of the letter. Vice Mayor Massaro feels that she would like to know more about the wall. She would like to know exactly where the six foot easement is. Mr. Glusman explained this site plan. Mr. Glusman explained that the wall is six feet six inches out of the utility easement. There was further discussion relative to this item. Vice Mayor Massaro pointed out that the wall would be completely within the homeowner's property. Councilman Disraelly pointed out that the easement would still be within the homeowner's property which would make six and a half feet to keep clean. Mr. Glusman stated that the walls are five feet high by 25 feet long, and the open section is 25 feet. Vice Mayor Massaro pointed out that the people that own private property can do anything they want with it, except what the city law requires. Vice Mayor Massaro indicated that she is disturbed to see the way some people maintain the walls in a very unsightly manner. Council- man Disraelly believes that it may be the responsibility of the association to maintain the wall. Mr. Glusman stated that they have a Homeowner's Association, but does not call for maintenance of the wall, only the recreation complex and the landscaping mound in front. Mr. Birken pointed out that there are a number of questions that would have to be ad- dressed. Vice Mayor Massaro stated that she would like to see the walls tied in with everything. END OF SIDE #1. Mr. Glusman explained that their intention was to create a buffer from the road. Councilman Disraelly stated that based on a landscape plan which will have to be returned to the Councilmembers, and the discussion regarding the maintenance of the wall area and of the swale area, he MOVES that the attorney for the Isles of Tamarac prepare a document that would satisfy the City Attorney insofar as the maintenance of the wall and the swale area, not only for this wall but for the one that was previously granted and that the landscape plan be brought in to Council so that both can be handled at one time and this be tabled until it is prepared. Councilwoman Kelch SECONDED the motion. VOTE: ALL VOTED AYE. ITEM #33. CITY COUNCTL REPORTS. The Mayor then called for reports and the first report is to be given by Councilwoman Kelch. 3/13/8ogb - 4 - Councilwoman Kelch reported that the Public Works Department is proceeding with the fair that is planned for May 3 and 4. There are wonderful plans being made. Many organizations and committees are taking booths. Hopefully this fair will be a great success. Councilman Zemel, because he was just sworn in as a Councilmember, had no report to make. Councilman Disraelly stated that when they had the storm in October, he noticed that on University Drive water was high in the road. He was concerned about the fact that there was no guard rail just north of the Steak Place. A letter had been written to the Florida Department of Transportation and:a guard rail, was just installed the other day which will prevent potential accidents. There was a discussion at a prior meeting relating to conservation of energy and the turning off of some lights on Commercial Boulevard. Councilman Disraelly was in touch with the county DOT and they indicated that there was a county liability if any lights are turned off due to the design standards. However if they did desire to have some lights on Commercial Boulevard turned off, they would have to go to County Commission with a request because that is now their area of jurisdiction. Councilman Disraelly stated that he is calling it to their attention because there had been discussion on this. FP&L stated that they have no problem with them, other than the lights are county owned and maintained but the City of Tamarac pays for the energy. The City of Tamarac pays for half of the lights and the other half is paid by the City of Lauderhill. Therefore Tamarac would have to work out an arrangement with the City of Lauderhill if they would like to have some lights shut off. This is the status of this matter presently. Vice Mayor Massaro stated that Section 9 has always been very well lit up. Vice Mayor Massaro suggested that they look into the street lights of Section 9 while they are considering the street lights of Commercial Boulevard. Vice Mayor Massaro stated that she had spoken to Mrs. Stuurmans about this because she has been concerned about lights. The City Manager's office has turned this matter over to Engineering. Vice Mayor Massaro stated that the City Manager's office has always handled the checking of the plans and whenever the plans came in, about one-third of the lights were eliminated because of the generous amount of lights that were put in. The plans were carefully examined and unnecessary lights were eliminated before going through the preparation for installation. Vice Mayor Massaro stated that it is her understanding that they are now accepting these plans because it is turned over to engineering. Engineering is over their head in work and they do not have the time for this. Vice Mayor Massaro mentioned that at one time she would take care of various sections. She would go out at night and analyze the situations and come back with approved plans and cut out unnecessary lights. Vice Mayor Massaro pointed out that now the city must be especially careful, and that this matter of lighting should be discussed with Mr. Gross and it should go back where it belongs. Vice Mayor Massaro felt disturbed when she saw that the city engineer was checking lights, particularly in the area of the Isles of Tamarac where complete development would not occur for some time. In this area there are a couple of houses that are being used to store materials in and which are subject to vandalism. The developer would like this area lit up. Vice Mayor Massaro pointed out that the developer has to pay from a point in time when there are enough houses there, which would be when over 70% of the homes are built. Otherwise the year would be used up when no one is there. - 5 - 3/13/80gb Vice Mayor Massaro said that those lights should not go in, or the approval for the lights, for the Isles of Tamarac unless the developer agrees to pay for two years of electric lights. She feels that that would be just about right. At about that time the area would be built up. Vice Mayor Massaro pointed out that there are things concerning street lighting that have to be looked into, and she would appreciate it if Councilman Disraelly does follow it up. Mayor Falck stated that he intends to send to the Councilmembers a copy of a proposal from the FP&L which indicates that an application has been made for an additional $7.00 fuel charge. Councilman Disraelly stated that the charge is $7.99 for the next six months, and that the PSC has already approved this charge. Mayor Falck pointed out that this additional. charge will increase the 1,000 kilowatt hours significantly on top of the additional cost that will be involved with oil. Mayor Falck stated that they do desire lighting but that the city must exercise care and caution so that city can provide lighting where necessary and in a most economical manner. Councilman Disraelly observed that this additional increase will have a tremendous effect on the light bill of the city. Councilman Disraelly pointed out that this additional $7.99 fuel charge will be in effect for six months, and two months after the six months have expired, there will be a determination as to whether this was the correct figure to have been used. Then FP&L will either have a refund or a bill will be sent for the difference of monies that may have to be paid, plus a 6% interest being involved in either way. Councilman Disraelly pointed out that in prior invoices there has been varying fuel adjustments, and he cannot understand this figure now of $7.99. The figures have varied from $1.54 up to approximately $7.00, but it has never been over $7.00 for any single month in the past year. Councilman Disraelly stated that the fuel adjustment charges were based on the cost of oil of two months previous to the billing. Vice Mayor Massaro stated that she walked around the Family Mart with a view to the rezoning of the area in the back. She was shocked at the conditions back there. There was raw garbage that was thrown into a corner of the building. There were all kinds of refuse piled up. It looked like a real dump. There were County Waste dumpsters there overflowing with trash and garbage. There were two small dumpsters and one medium size dumpster and these were all the dumpsters that were there for the entire Family Mart. The floor of the enclosure was strewn with garbage and junk. Garbage of course breeds rats and this is very close to a residential area. There was a gas tank sunk there, but they left a hole. There was a manhole in the center of where the tank went so that the valves could be reached. This is in the parking area, at the northeast corner of the building. The hole was not barricaded, which is a hazard. Vice Mayor Massaro walked around the driveway and where you have to drive through to get to the stores to deliver, they had put in some valve boxes and the covers don't fit. There was no patching done around this, just holes left around it. Vice Mayor Massaro noticed that they were building a concrete block enclosure for a small dumpster at the second store .from the northend. Vice Mayor Massaro then looked at the site plan and the site plan does not show an enclosure. She does not believe that they have a permit. 3/13/80gb - 6 - They are just putting the dumpster there without a revised site plan. They do not have a right to do this. Councilman Disraelly mentioned that the second last store is the Varsalona Restaurant and if they are putting a dump- ster there, it will require a grease trap because of the fact that they will be dumping food there. This will re- quire a specialized dumpster whereby the liquid can go down. It requires a trap. It requires a totally different type of dumpster than one just for handling trash. Councilman Zemel stated that this is his first session as a member of the Council and something strikes him as unusual. The city pays employees and the Vice Mayor and City Council have to go out to inspect. Vice Mayor Massaro explained that she did not go out on inspection. She went to check the area due to the upcoming rezoning, and when she sees something that is not right, she will mention it. Vice Mayor Massaro stated that she had been pressuring Representative Warner and this morning she received material from him. In his letter he stated that the City of Tamarac appears to meet the basic eligibility criteria for three relevant federal assistance programs. The programs are: Watershed Protection and Flood Prevention; Flood Control Projects; Snagging and Clearing for Flood Control. The printout that they received did not guarantee eligibility of any specific project or availability of program funds. Vice Mayor Massaro mentioned that there was another person in the federal government who had indicated to Mitch Ceasar that if they found the grants, that this person would try to be of assistance in helping the city to get them. Vice Mayor Massaro stated that she and Mr. Birken had gone to the meeting at the Fort Lauderdale City Hall relevant to the Executive Airport. Mr. MilledFe and Mr. Gallop were at the meeting. Her personal feelings were that the presenta- tion given by the consultants who were Williams, Hatfield and Stoner, if there is any conflict herein, will be some- thing that Mr. Birken will have to determine, and this pre- sentation concerned the reasons why the extension of the runways are necessary. They did make an attempt to justify the expansion of this facility and based on the present number of operations at the airport, the air space is now pretty well saturated. Vice Mayor Massaro feels that lengthening the runways will accommodate larger jets and would :increase the traffic and the noise level further. This expansion can only be part of an obvious long range plan to further justify future expansions and the use of this facility until the City of Tamarac will be nothing more than an approach zone. It has been indicated that this is a reliever airport. The approach right now is over the city. You can therefore imagine what it would be like when this is a full scale reliever airport for the Hollywood -Interna- tional Airport. She believes that this would just destroy the values of the homes in this city. The City of Tamarac must be protesting further expansion and the protests must start right away. There is no necessity for any new facili- ties. If a new facility is needed, it should be located somewhere else. Vice Mayor Massaro pointed out that the city already has more than their share of problems with this air- port. She did not think the presentation was meaningful. ITEM #35. CITY ATTORNEY REPORT. Mr. Birken stated that it was pretty clear that their meeting last night was just a show that requires that they go through these motions and make the presentations and do this just to satisfy the FAA and other agencies. 3/13/80gb - 7 - C I Fast night was the first of these meetings and Mr. Birken believes that there will be another meeting in about 30 days, at which time they may get into the environmental questions. In about 60 to 90 days, after the next meeting, they will anticipate having some sort of a public hearing, and that at that time the public will be invited and this. meeting will be advertised. An examiner from the FAA will also attend this public hearing, and the meeting will be recorded. It should be a formal hearing. At that time the city may desire to have a big turnout, or whatever strategy the city may desire to develop. Mr. Birken mentioned that he and the Mayor met to take a look at N.W. 22nd Avenue. While they were there, the code enforcement officer and some people in the Building Depart- ment showed up next door where there are warehouses and they found a family living in one of the mini -warehouses. With the family was also a baby. When the door was opened, a man was sleeping there. The baby was on the floor. The police came, called the appropriate state agencies and the agency stated that they would send someone out within the next 24 hours. The police brought the people in. The people could only go back to get their clothes and they were given notice to appear in court for violation of zoning regulations. Mr. Birken stated that he mentioned this because the state agencies told the Police Department they would send someone within 24 hours. Mr. Birken has already written to the state agencies. When he receives a response, it will be passed on to Council. The baby was in a cardboard box on a concrete floor. ITEM #34. CITY MANAGER'S REPORT. Mrs. Stuurmans informed the Council that at the next regular meeting they will be sharing the morning meeting with the fifth grade students from Tamarac Elementary who were elected to the respective offices of the Council. Vice Mayor Massaro said that she had sent memos and to date has not received a reply and would appreciate it if Mrs. Stuurmans would check into it. Vice Mayor Massaro is dis- turbed about the rust that is appearing on the sidewalks and curbs of Century Bank, Mission Bell building, the Peninsula Bank, Sands Point at Mrs. Reynolds' recommendation. Peninsula Bank cleaned it just a little. The rust is coming right back. They did not correct what had to be done. The ordinance calls for rustproofing for irrigation water. The concrete is being destroyed even though the bank did not pay for it. The other one was Financial Federal on which a memo was written. Mission Bell's brand new sidewalk is full of rust. Century Bank has the rust on Commercial Boulevard and on 57th Street. Mayor Falck mentioned that people were complaining about this. Mayor Falck understands that each of the Councilmembers have received a copy of the Consumer Register that was sent to them from the Department of Consumer Protection in Washington. Mayor was very proud to find out that there are very few municipalities in the whole country that have a department for consumer protection and in Florida the city is listed as the municipality with a consumer protection department. Mayor Falck always receives communications from the people 8 - 3/13/80gb .I stating how thankful they are that the city has this kind of a Board available to them in the city. Mayor Falck stated that he received information this past week regarding the airport that even though they gave up the airshow in 1980, it is their intent to have an airshow in 1981. Mayor Falck stated that they needed a clarification on the reconvened meetings. 'There is one on Monday and also on Tuesday. Vice Mayor Massaro stated that she does not believe they should meet on Monday and would prefer to meet on Tuesday. Mr. Birken referred to the contracts with the police and fire. They wanted $10.00 a day for the police, but he did not have any guidance or direction on the amount for the fire department. He was informed that it was $5.00. Mayor Falck recessed the meeting until 9:30 on Tuesday, March 18th. 3/13/80gb MAYOR ATTEST: CITY CLERK This public document was promulgated at a cost of /a.r'0r"' or 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. APPROVED By. CITY COURCIL ON dd 9�d. 9 W