Loading...
HomeMy WebLinkAbout1980-04-30 - City Commission Reconvened Regular Meeting MinutesL _J 5811 NORTHWEST 88TH AVENUE 9 TAMARAC, FLORIDA 33321 TELEPHONE (305) 722-5900 April 23, 1980 CITY OF TAMARAC CITY COUNCIL The Tamarac City Council will hold a Reconvened Council Meeting on: Wednesday, April 30th, 1980 at 9:30 A.M. in Council. Chambers, on the First Floor. All items held over from the meeting of April 23rd will be discussed and such other business as may come before it. All interested citizens are invited to attend. mb/tz MARILYN BERTHOLF City Clerk CITY OF TAMARAC, FLORIDA REGULAR CITY COUNCIL MEETING APRIL 30, 1980 (Reconvened from 4/23/80) CALL TO ORDER: Mayor Falck called the meeting to order on Wednesday, April 30th, 1980, at 9:30 A.M. in Council Chambers. ROLL CALL: PRESENT: Mayor Falck V/M Massaro C/W Kelch C/M Disraelly C/M Zemel ALSO PRESENT: City Atty., A.Birken City Mgr., E.A.Gross Asst.City Clerk, C.Evans Mayor Falck asked if there were any other items anyone wished to include on the Agenda? 53. C/M Disraelly said he had been asked to put on the Agenda, a resolu- tion authorizing the proper City officials to create a liaison in cooperation with Crime Watch of Broward County, and MOVED it be AGENDIZED BY CONSENT. C/W Kelch SECONDED the motion. VOTE: ALL VOTED AYE. Mayor Falck said this would be ITEM #53. 54. C/W Kelch said they had been requested by the City Attorney to AGENDIZE an item concerning the water and sewer developer's agree- ment with a Mr.' Jerome Graham. Mr. Birken said this man wishes to build a single family house, and he would need a water and sewer developer agreement for such. He had executed paper and gave a check, which had been attached. C/W Kelch said she would MOVE that this be AGENDIZED BY CONSENT. C/M Disraelly SECONDED the motion. VOTE: ALL VOTED AYE. Mayor Falck said this would be ITEM #54. 55. C/M Disraelly said they also had a request for a resolution concern - a) &ing the extension of the census review period, and he would MOVE b) that this be AGENDIZED BY CONSENT. C/W Kelch SECONDED the motion. V M Massaro said -she would like to ado. to -that motion, as she had a request from the Census Bureau, for a place to use for testing people. The maker of the motion and the second agreed. VOTE: ALL VOTED AYE. Mayor Falck said this would be ITEM #55 (a) and (b). 56. C/W Kelch said there is a resolution suggesting that the Broward County Legislative Delegation support the City's proposal to amend a statute, ,_ P-iviLng the County and M-Linicipal. --,Governments Che- power and authorization to -.pass --.ordinances in re3zulation of condominium form of -ownership. This is in regard to rental proper- ty being converted to the Condominium form of ownership and she would MOVE to AGENDIZE BY CONSENT. C/M Disraelly SECONDED the motion. VOTE: ALL VOTED AYE. Mayor Falck said this would be ITEM #56. -1- 4/30/80 tz r L 57. C/M Zemel said he would MOVE that they AGENDIZE BY MAJORITY CONSENT, Temp. Reso.. #1600, calling upon the Congressional senatorial representatives in Washington, to urge retention of continuation of revenue sharing on a national. basis. C/M Disraelly SECONDED the motion. VOTE: ALL VOTED AYE. Mayor Falck said this would be ITEM #57. 58. C/W Kelch MOVED to AGENDIZE BY MAJORITY CONSENT, the appointment of Steve Wood as Finance Director. C/M Disraelly SECONDED the motion. VOTE: ALL VOTED AYE. Mayor Falck said this would be ITEM 458. 59. V/M Massaro MOVED to AGENDIZE BY MAJORITY CONSENT, as per request from Eugene Hahn, a four weeks extension of his bond to complete work at Wedgewood. C/W Kelch SECONDED the motion. VOTE: ALL VOTED AYE. Mayor Falck said this would be ITEM #59. Mr. Gross said he would request removal of Item #7, from the Agenda,regarding City Hall space and he would give a complete report at the next Council meeting. C/M Disraelly MOVED to remove Item #7. C/M Zemel SECONDED the motion. V/M Massaro said she would ask that this not be removed. C/M Disraelly WITHDREW his motion, and C/M Zemel WITHDREW his second. Mayor Falck said there had been a request on Item #39, Commerial Plaza sign waiver, from Mr. Klein to hold this until the May 14th meeting. C/M Disraelly MOVED to TABLE Item #39, until the May 14th meeting. C/M Zemel SECONDED the motion. VOTE: ALL VOTED AYE. V/M Massaro said she would ask if there was any possibility of recessing this meeting 'or the purpose of the developers' agreements which are being worked on and close to a solution and they Iave the same situation regarding H.L.R. (Item #44 for the latter and Item #2 on the former). She discussed briefly what the problem is and added that Mr. Birken had suggested they might consider these at a recessed meeting. Mayor Falck said for they would have a recessed meeting on Tuesday, May 6th, at 4:00 P.M. and consider these items at that t ime . ITEM #41. Tamarac Gardens - Discussion and possible action on: a Site Plan Plat Temp. Reso. #1595. (c) Developers Agreement Synopsis of Action: a thru (c) TABLED to meeting of 5/14/80. V/M Massaro said she would MOVEthat this be tabled until, the next Regular Meeting as they do not have the Developers Agreement. There was no second and V/M Massaro withdrew her motion. I rl 4/30/80 tz Mr. Julian Bryan, representing Lennar Corp. (F & R Builders) was recognized and said he had been working for many weeks with the City Engineer and Vice Mayor on a Developers Agreement that would be acceptable to all, as otherwise engineering and the Site Plan, etc., have been approved. V/M Massaro has a problem with crediting a portion of the recreatinn area that is delineated on the Site Plan, which must be discussed further. Mr. Bryan said they are prepared to make certain commitments in that regard. Mr. Bryan said he would ask that Council consider the Plat at least, so that they could send it to the County_. _ ._. as -that would take about two to three months to process at that level. He said presently holding this matter up, is the Developers Agreement (water and sewer commitment) and the question of park fees. Tl/- Massaro said she would ask if this item could be taken up at the Tuesday meeting, since there is an ordinance that re- quires that recreation fees be resolved at the time of approval. She said she would like the opportunity to sit down once more with this developer to discuss the conditions or fees involved at the recreation parcel. Mr. Birken said he would suggest to Council that the Plat cannot be considered since under the Land Use Plan, they need either to make the findings that development review requirements have been met, or they have an agreement, and they do not have either one. V/M Massaro MOVED that Item 41(a)(b) and (c) TAMARAC GARDENS, be TABLED until the next Regular Meeting. C/M Disraelly SECONDED the motion, as the attorney indicates they are not ready.. VOTE: ALL VOTED AYE. AGENDIZED BY CONSENT ITEM #5 (t) Payment 'to' Ap'elq ist Construction Synopsis of Action: To be item on the Tuesday, May 6th agenda. A discussion was had relative to the fact that there was not sufficient backup for the bill that had been submitted. Mr. Gross said he would like to recommend payment at that time as the building has now been completed. C/M Disraelly said all proper paper work should be given to the Finance Depart- ment with reference to the amount of $243.10 and the item of a balance of 10%, which amounts to $16,098.10. Mayor Faick said they would bring this item up on Tuesday. ITEM #8. Alexander Grant & Co. Discussion and possible action on: a Audit 7 Report (b) Special Audit 1979/80 FY. Synopsis of Action: TABLED to Reconvened Meeting of 5/6/80 V/M Massaro said that they had a visit from Mr. Emmer but that although certain things had been arrived at, there were still some questions to be answered. V/M Massaro said Mr.. Birken will be talking to the Bond counsel and to First Boston about -figures that could be used. They want to know who determines that figures are "stale" after three months; she has seen a BAC being sold for Sunrise that has figures that are six months old. Mr. Emmer had not been sure but there is a possibility that the City's own accountants can prepare the necessary statement and certify it. She added that conclusion had been reached with Mr. Emmer that if the interim audit of $14,000.00 is done, the $3,000.00 fee would be waived, and the total fee would then be $39,000.00. If no interim audit is done, the charge would be $1500.00, making a total fee of $29,500.00. -3- 4/30/80 tz W If an update is required between all these things happening, it would cost $2,000.00. V/M Massaro said she thought the validation was imminent but Mr. Birken has indicated it is not; and further, discussions with Mr. Emmer have not been completed. Therefore, she would ask that this item be tabled to the next Regu- lar Meeting or that a Special Meeting be considered. Mr. Gross said that if they receive MBIA insurance and spend the money for it, they automatically get top rating and do not need a certified audit. Mr. Emmer of Alexander Grant & Co. was recognized. He said that decisions as to what types of financial statements have to be in- cluded in the offering, are made by the underwriter and the bond counsel and is usually done on the basis of what information they feel is required in order to market the bonds adequately. Mr. Emmer discussed the types of situations he had seen regarding such, adding that the decision of how recent the audit need be, is not made by them. As far as MBIA insurance, he added, it guar- antees top rating as any purchaser of the bond is guaranteed that the principal will be repaid by the insurer in the event there is any problem with the issuer paying the principal. He said that insurance is very often in excess of 300,000.00, and in effect an additional issuance cost. Mr. Emmer said he had tried to contact First Boston, but the gentleman handling this project was not available and the man he spoke with could not give him much information. Mr. Emmer said his firm would be prepared to do a six month audit as of March 31st. Mr. Emmer said they would like about 45 days in order to complete it so that if they need anything quickly, it would be difficult for them to do such an audit in just a few weeks. He said if they do the six month audit, the charge would be $14,000.00 and then for the year end audit, it would be $11,000.00. If they do not do the six month audit, the normal charge for the year end would be $14,000.00 with an additional $1500.00 for the start-up of the first time, for the Utility audit. Tape #2 V/M Massaro asked if the fee would include all necessary reports to bond holders and the fiscal agents? Mr. Emmer said it would and also would include all the responsibilities and duties of the accountant, in the draft official statement. Mr. Gross said that 20 days after the bond issue is approved, it has to be sold, and therefore, time is of the essence. Mayor Falck said some of the questions he has, are: is the interim audit necessary; the question of fees to the accountants; clarification of the proposal, etc. If they obtain the insurance is the audit still necessary? Mr. Emmer said he could not say whether the municipal bond insurance agency may require some update of the numbers in order to give the City insurance, but the rating would be very good as a result of the insurance. A further discussion followed regarding the time limit in order to sell the bonds, and the City Attorney said he would send a memorandum regarding this. C/W Kelch said that she would ask Mr. Emmer to put his figures on fees in writing. She would also like clarification regarding the insurance mentioned. V/M Massaro MOVED that this item be TABLED to the Recessed Meeting of Tuesday, and at that time decision can be made whether to con- sider it at the next Regular Meeting. C/W Kelch SECONDED the motion. VOTE: ALL VOTED AYE. -4- 4/30/80 tz � � r ITEM #7. City Hall 'Space - Report by City Manager - Discussion and possible action to plan to provide additional space for administrative departments. Synopsis of Action; City Manager and Mayor to meet and work out s-olution for space for Engineering Dept., and Mr. Gross to report at 5/14/80 meeting. V/M Massaro said the City Manager had already made a request. How- ever, she would like to see some space, particularly for Engineering Dept. at once as they are working under particularly crowded condi- tions. She felt that the room being used by the Consumer Board and others, can be utilized by having the wall removed. V/M Massaro thought that perhaps the Veterans which meet on Monday, could use an office in the Utilities. She added that she is not discussing the City Manager's proposal, but rather the importance of the time - element for the additi©nals-Ipace-needed for-th-e Engineering Dept. — — Mayor Falck said he would ask that Mr. Gross include in his recommendation, an immediate solution to this problem, as well as his permanent solution to the problem of space in City Hall. Mayor Falck suggested that they could move the files out of the W. Committee Room, into the W. Conference Room, and then the latter room could be used by boards and committees, at least on a temporary basis. V/M Massaro said she would also ask that the City Manager be granted authorization to remove the wall between the W. Committee Room and the Engineering Dept. Mr. Gross said he would present a final solution rather than a temporary one,of just moving around one or two departments. He said there is in the budget an item for $50,000.00 for architectural fees for plans of a new building, and he would dis- cuss that further at the next meeting. C/M Disraelly mentioned his memorandum of April llth, and that there had been discussions of either a new Police Station or new City Hall, and its possible location. Questioned by C/W Kelch about the cost of removing the wall in the W. Committee Room, Mr. Gross said that would be done in --house and should not be too expensive. A discussion followed on the possibility of moving the Personnel Office which is adjacent to the Engineering Dept., into the office of the City Manager. Mr. Gross said there might not be enough space and further, Personnel needs an enclosed area for testing, interviewing, etc. V/M Massaro pointed out the importance of im- mediate space for the City Engineer, saying that a man of such caliber is at a disadvantage when he has to work in such cramped quarters. Mayor Falck said it is his feeling that Mr. Gross get the space for the Engineering Dept. solved immediately, and that Mr.Gross present to "Council by the 14th, a long range plan to enable Council to determine which way they want to go so that they could better instruct him. C/M Disraelly suggested that Mr. Gross might give them the answer regarding space for Engineering Dept. by Tuesday's meeting, as Council feels this should be done expeditiously. Further, if some files in the City Manager's office are removed, there might be more space in there for the additional two desks of the Personnel Dept. Mayor Falck said he would work with the City Manager and try to come up with a solution to this problem. All Council members agreed. Mayor Falck said he would like a motion that Mayor be authorized to work with the City Manager immediately to resolve the space that relates to the Engineering Department and a long range plan to present at the next Regular Meeting (5/14) C/M Zemel said he SO MOVED. C/M Disraelly SECONDED the motion. VOTE: ALL VOTED AYE. -5- 4/30/80 tz Tape #3 Mr. Gross reviewed briefly the steps he would relating to an architect, plans, fees, etc. He tion would be at the next Regular Meeting and he proposals ready. have to take said that presenta- would have several ITEM #13. Business Uses - Temp. Ord. #710 -Amending Code Section 28 by establishing restrictions on various types of businesses. First Reading. Synopsis of Action; Approved on First Reading 4/23/80 as amended. No further action taken. Mayor Falck said that Carol Evans said this had been passed, ......... _._ _.. _ but left open for input by Barry Eden. V/M Massaro said discussion had centered around restaurants and she felt that if there is notsomething already written in, that Mr. Birken could write in something that would take _care of situations similar to the one which exists on the parcel of land at Commercial Boulevard where Hardee's did talk of putting in a restaurant at one time. She said this would also take care of any other areas where residences are adjacent. She asked Mr. Birken if he believed what they have is adequate, and where she could check. - Mr. Birken said delicatessens are referred to on p. 3 and similar standards for restaurants are on p. 8. A discussion followed between C/M Disraelly and V/M Massaro as to a criteria that could be established so that a restaurant could come in and not be too close to a residential.. area. V/M Massaro said she would like to see this tabled so that they could give it due consideration. Mr. Birken said they would have to rescind their prior action if they want to do that, and then table it, and _then make whatever changes _.. they wanted at the next meeting and then pass a modified ordinance. C/W Kel.ch said she had no desire to rescind this ordinance, as she likes it the way it is. As far as she is concerned no one had presented her with a single reason for either rescinding their action or making any changes. Mayor Falck said he is in agreement and felt that basically this is a good ordinance. He has seen the note, "..we hope you realize the consequence of this ordinance and it is our feeling that Special Exception should only be used where necessary for the health and welfare of the public." He felt this is what Council is doing. C/W Kelch said she refuses to acknowledge that Council depends on someone else of any special interest group to tell them how to legislate the City. She had good reasons for proposing these changes and sees no reason to change her feelings. C/M Disraelly said standards had been established based on the situation and as far as the other comment about the gymnasium, he would leave that alone. He said he would suggest this be advertised for Second Reading for the next meeting, if possible. Mayor Falck said if that was alright with Council, he would move on to the next item. ITEM # 14. Model Sales/Administrative Facilities - Temp. Ord. #718 - Revised - Amending Code Section 28 by permitting these aci ities for one residential project to be located at the site of another project. Discussion and possible action. Second Reading (Public Hearing held 3/31/80). Synopsis of Action; Temp. Ord. #718 ADOPTED on Second Reading ORD.,PASSED. Mr. Birken read Temp. Ord. #718 by title only. Mayor Falck said the Public Hearing had already been held on this item. C/M Disraelly said it is his feeling that there should be one ordinance as it relates to models and one ordinance as it re- lates to sales; one for "model(comma), sales" and one for "model sales" (no comma). -6- 4/30/80 tz C/M Disraelly s-aid that on line 22 of this ordinance there is a comma after the word "model" and in the original ordinance that preceded this, it s-aid "model sales" He said they were using the model to indicate what was being built and what was being sold and by inserting the comma, they made two uses.out of it; one is a model and one is a sales office. Mr. Birken said his way of thinking is; they have three models and they might als-o have the office in one building, so that one building is the "model sales office" and the other two build- ings are just models. A lenghty discussion took place regarding the inclusion or omission of the comma between "model" and "sales". Mayor Falck asked the City Attorney if he thought the commas are redundent and Mr. Birken replied he thinks the commas are for clarity. C/W Kelch.sai:d she would approve this ordinance on second reading and she believes it is alright. Then if they wish to consider the possibility of a second revision to eliminate the use "..a temporary us-e of a temporary structure for sales pur- poses.." they could do so. Mr. Birken agreed, saying that what he wrote for the temporary structure was stringent and he believed that was Mr. Toll's problem -- that he did not want to commit himself to remove it within a certain amount of time. However, Mr. Birken added, he would imagine that was something important to Council. C/W Kelch said she would like to see this ordinance remain as it is and WOULD MOVE to have this ADOPTED on Second Reading. C/M Zemel SECONDED the motion. C/M Disraelly said as he understand this ordinance now, as long as the developer continues to build single family homes in the City of Tamarac,he could continue to use those models as a sales office with the permission of the City, with a review every six months by Council? C/M Disraelly said when this was originally written it was for the same models; now he can build anything, duplex, townhouse, etc., and use say, Spring Lake I for the permanent sales office? Mr. Birken said that would be at six months inter- val review. C/M Disraelly said they are now permitting a real estate business in a residential area. Mr. DeSousa was recog- nized and said if one develops and is a builder, they are not in the real estate business as a broker. They areselling the pro- duct that they produce and which by law, they are entitled to do. No one can prevent the developer from selling what he is building; they are not in the real estate business and they are not conducting business per se. In any event, they are limited to the six months review. C/M Disraelly asked how many projects a developer can advertise and put up signs for, at a sales office? Mr. Birken said there was no limit, but they have additional parking requirements for each additional project that uses the structure. Tape Side #4 Mayor Falck said if there is any problem, they do not review the extension required after six months. Mr. DeSousa agreed, saying Council has the power to revoke. (Tape #4, buzzing and changed to:) Tape Side #5 C/M Disraelly went into a discussion of signs, saying there is one in the Woodmont area that is a monstrosity; a big blue sign with three names on it. A further discussion took place, and C/M Zemel said he would suggest that the problem of signs be covered by amending the sign ordinance if they have to, and this ordinance has been discussed at length. He asked that this question be called. Mayor Falck called the queston. VOTE: ALL VOTED AYE. w7- 4/30/SO tz ITEM #15. If Item #14 is adopted on Second Reading, the City Council may consider and take action on the following item: Model/Sales Administrative Facilities Fees Tem . Reso. #1579 Discussion and possible action to adopt these fees by Reso- lution. Synopsis of Action: Temp.. Reso. #1579 ADOPTED. RESO. �����a�/// PASSED Mr. Birken read Temp. Reso. #1579 by title only. C/M Disraelly MOVED ADOPTION of Temp. #1579. C/W Kelch.SECONDED the motion. VOTE: ALL VOTED AYE. ITEM #16. Sign Permit Fees - Temp. Reso. #1593 -Discussion and pos,s,i:ble action to adopt sign permit 17ees and repeal Resolution No. R-80-71 Synopsis of Action: Temp. Reso. #1593 ADOPTED. RESO. #g6 //02 PASSED Mr. Birken read Temp. Reso. #1593 by title only. C/M Disraelly said in the preparation of the original resolution, Temp. #1489, 'which.became 80-71, one line had been left out and that is, the Plan Review Fee of $15.00, and it is needed back in this Resolution and he would MOVE ADOPTION of this resolution. C/W Kelch SECONDED the motion. VOTE: ALL VOTED AYE. ITEM #17. Elected Officials Terms of Office Temp. Ord. #723 - Amends Code Section 2 by modifying the date which elected of- ficials take office. Discussion and possible action. First Reading. Synopsis of Action: Temp. Ord. #723 approved on First Reading, as amended. Mr. Birken read Temp. Ord. #723 by title only. C/M Disraelly said this had been presented to Council several months ago when four members had been present, and it had been voted to bring it back again. He said that except for the year 1977, they did not meet as per the present ordinance and the swearing in of new -members was not done as anticipated, with the result that people here to congratulate the new incumbents did not see the swearing in that they had come to attend. C/M Disraelly added he had made a review of some 15 to 17 sis- ter cities surrounding Tamarac, who have the newly elected of- ficials sworn in on the Tuesday or Thursday following election. Therefore, he said, he had left this open in the proposed ordi- nance, but indicating that it should be not less than 3 nor more then 10 days after election, based on the results received from the County Election Board. C/M Disraelly said that pursuant to this ordinance, a meeting can be set up with a specific purpose in order that guests can attend, and in establishing not less than 3 nor more than 10, it would not conflict with other events taking place, and he would MOVE ADOPTION of Temp. 723. C/M Zemel SECONDED the motion and gave some examples of what had happened upon his election to Charter Board and now to Council, at which times his wife and daughter were present, but he had not been sworn in on the day anticipated. He felt this ordinance would give families the opportunity to be present. C/W Kelch said there should be something added regarding the._ special meeting indicated. on _line..35, as to.how.th s me_etim-, s.h.ould be called. Mr. Birken said that is indicated in the Code. 4/30/80 tz J V/M Massaro said Special Meetings are called on ten to twelve hours notice and she would like to see a firm formula in the Code so that people would know when someone is going to take office. She said if there is a purpose to the ordinance, to put conditions in that will meet that purpose. She said it should be made specific, such as the first Wednesday or Thursday after election, so that people would know. C/M Disraelly gave as an example several cities that have swearing in ceremonies a given day of the week for meeting after results are in. Mayor Falck said he would go along with an amending specifying a particular day. C/M Disraelly said he would have no objection either and would ADD TO HIS MOTION: "Sec. 2.4., Elected Officials Terms of Office (to read) The terms of office of those duly elected municipal officers elected, shall begin at 10:00 A.M. on the Tuesday following the election. The officials shall be sworn in at a Special Meeting of the City Council of the City of Tamarac." C/M Zemel SECONDED the amendment. Mayor Falck called the question on the amendment to the ordinance. VOTE: ALL VOTED AYE. Mayor Falck called the question on approval of Ord. 723, as amended. VOTE: ALL VOTED AYE. ITEM #19. Park and Recreation Site Acquisition - Temp. Ord. #742. Amends Code Section 20 relating to park and recreation lands in RD-7, R-3 and R-4A zoning districts. Discussion and poss-ible action. First Reading. Synopsis of Action_ Temp. Ord. #742 APPROVED on First Reading as Amended. Temp. Ord. #742 was read by Mr. Birken by title only. V/M Massaro said she wanted to include the words, "or Site Plan" in the title of this ordinance, but the City Attorney had informed her that he did have a separate ordinance that was supposed to be coming along with this at the same time, and that was for Site Plans which.would read the same way. She added she wanted to make sure and take that in, because there are some instances whereland is platted and never paid any recreation fees. V/M Massaro said if land has been previously platted and they are getting Site Plan approval, they know that the recreation fees have not been paid, and it is the City's responsibility to see that it is paid at some point in time V/M Massaro said that on p. 1, line 20 of this ordinance, she would like to the word "Park" comma "playground" remove the word "or" P (_ ) ( ) and continue with"recreational (staysin, and insert words) "or similar purposes On line 30, p. 2, V/M Massaro said she would suggest: "Deposited and held in appropriate trust account." as it is one account. On line 32, P. 2, V/M Massaro suggested it should read.the same as line 20, "for developing parks, playgrounds.... recreational facilities or similar purposes." C/M Zemel questioned the word "similar" asking who would make the determination as to what "similar purposes" are. V/M Massaro said she was thinking of a cultural center. After a short dis- cussion, V/M Massaro said she would leave "similar" out. V/M Massaro said that on p. 3, line 31, she would suggest "..or not less than 12 acres.." as they had made it a practice in the past not to accept anything smaller than that for land dedication. so 4/30/80 tz She added that the only other thing is that there be no park credit for any retention areas which are required. C/W Kelch asked if a builder made a lake and put a boat or pier, it would not count? V/M Massaro said they had rejected it in plans that came in. Tape #6 She said that any areas required as retention areas, shall not be given credit. C/M Zemel said they might have a developer who would build a lake that is a recreational area and then say that he does not need water retention as the recreational area would catch all the water. (Tape #6 buzzing) Tape #7 V/M Massaro said they had made a restriction that the retention area would have to be provided, in order to get credit for any other water area that was provided as recreation. C/W Kelch said if they provide over and beyond what is required to be re- tained, she could not see why that isn't recreational as a tennis court. She therefore felt the wording in the ordinance is alright, as it states that they cannot use their retention area to say that it is recreational. Julian Bryan was recognized and said that his first comment would be that there is a question as to whether the Court Order covers Land Sections 4, 5 and 6, and therefore the ordinance might not have the authority. Also, he said., in the past, each development has provided private recreational areas which have seemed to be successful in adult areas. However, if builders are required to pay twice because they would not get local park credit, their obvious alternative is to simply pay the fee and not provide on - site recreational facilities and just let the City have the responsibility for any future development. Mr. Bryan said if they are trying to raise money for a community center or some other purpose, then it might be advisable to deal directly with that, rather than trying to put it under a park and recreational land ordinance. He said Tamarac is going beyond any typical park and rec requirement required by any other community. Mr. Bryan said as far as lake requirements, it would seem to be in everyone's best interests to encourage additional lakes to be given credit as they would encourage additional retention which is desirable. Mr. Bryan said he thinks C/W Kelch is correct; there seems to be adequate language that says the first 5% cannot be given recreation credit. However, if anything beyond that is put in, he thinks it should be encouraged because water usage is certain recreation and at the same time, it would help create more retentio.n_ V/M Massaro .said perhaps what they should do is give one-half credit ,for water. Mr. Bryan then questioned paragraph (e) on p. 2, line 29, which states, .."to serve residents of the City in whose behalf the funds have been paid." Mr. Birken said the County requires that money be spent within a certain distance of where the money was paid for and that applies to the cities; and that is something they have to live with. It has to be for their benefit and located in a place as near as possible to where the development is going to occur. C/W Kelch.said if they left in the "all" which has been x'(4. out, it would permit the City to put it in any area of the City. V/M Massaro said they would .just complicate it if they change it, as they do have parcels of land in various places. She gave as an example, that they would try to place a recreation parcel on. land as close as possible to the section involved. However, it would serve all residents not only those people nearby, as it is a.public park. Mr. Bryan said that according to the Land Use Plan, it says that their park requirements are more than required to meet projected needs of the City. V/M Massaro said they have certain land that cannot be used to its fullest degree for park purposes. Mr. Bryan said he is speaking as a developer, not as a representa- tive of a developer and disagrees with this ordinance. He felt it is one of the few this City has ever considered that is totally inequitable and would be counterproductive. V/M Massaro said she did not agree and felt it would be good for the City, especially _10- 4/30/80 tz �. J when reading that North Lauderdale is getting $700,000.00 in recreational fees. V/M Massaro said if they can provide a cul- tural center it would be a reat asset to people coming into the City. A discussion took pace between Mr. Byran and V/M Massaro as to this acre and a half requirement. V/M Massaro said it is necessary as many adults have also been using the present ball field and there are many more who wish to also have tennis courts, in addition to the community center and the cultural center. Mr. Bryan said smaller acreage should be considered when it is of proper configuration, etc. V/M Massaro that they must take into consideration parking, possible toilet facilties, etc. Mr. Bryan said the 20 acres presently owned by the City at 100th Avenue is con- tiguous to property owned by one of the major developers and he felt that developer would be happy to volunteer in helping to plan that facility. Tape #7 was buzzing and Mayor Falck called a short recess so that a new machine could be used. Tape #8 was not used. Tape #9 Victor DeSousa representing H.L.R.Inc. and University Housing was recognized. He said he recognizes the intentions of this ordinance and what Council wishes to give to the community. However, he felt it would discourage private facilities as it does not give credit for what is done on private lands and this ordinance is inequitable. Mr. DeSousa said they oppose this ordinance very strongly and feel that more thought should be given to try and achieve the end by other methods. V/M Massaro said they can give thought to what Mr. Bryan and Mr. DeSousa have stated, and follow Rroper procedure before Second Reading. Mr. DeSousa said he would like to give more input before Second Read- ing and would appreciate an opportunity to discuss this in detail. C/M Zemel said that speaking for himself, he can see what Mr. DeSousa has tried to point out and that he appreciates his appearance here as Council is desirous of input.. Mr. Birken said he had language for Council to consider: in the Title on lines 9 and 10; add the following: "providing no credit for required water retention, permitting partial credit for cer- tain recreation waterfacilities," and continuing, add on p. 3 a new subparagraph 3, which would state that "no credit for park, playground or recreational purposes shall be allowed for required water retention provided pursuant to the provisions of Ord. 80-26, as the same may be amended from time to time. However, Council shall allow a credit for one-half of the amount of land used forother water purposes (other than canals.)" V/M Massaro MOVED that Temp. 742 as amended, be APPROVED on First Reading. C/W Kelch SECONDED the motion. VOTE: ALL VOTED AYE. Meeting recessed at 12 noon until 1:30 P,M. MEETING RECONVENED at 1:30 p.m. ROLL CALL TAKEN; ALL PRESENT. ITEM #36. ISLES OF TAMARAC - Discussion and possible action on: (a) Perimeter Wal - Maintenance Agreement (b) Landscape Plan.. AGENDIZED BY CONSENT (Item #c) C/M Disraelly said e had received a request from Mr. Glusman for an Item (c) to be added regarding possible action on Lot #52. C/M Disraelly MOVED to AGENDIZE that by unanimous consent. C/W Kelch SECONDED the motion. VOTE:; ALL VOTED AYE. Synopsis of Action: (a) Tabled to 5/14/80 meeting. Mr.Glusman to submit amended Site Plan at-d proper legal docu- ments to be approved by City Atty. (b) Landscape plan to show exactly what is to be planted and must come in no later than one week from today. (c) (Agendized by Consent) Permission to continue with building of house on Lot 52. -11- 4/30/80 tz Mr. Gerry Glusman of GMG was recognized and said he had been present several meetings ago, and last week brought in resubmitted application for approval of the wall, including the landscap- ing plan that had been requested. He said his attorney was also present today. C/M Disraelly said they have an amendment to the Declaration of Restrictions indicating plan for wall covering certain lots. However, lots-1 and 56 are not-iridicated on the proper document . _. _ t He added that he Site P.Lan brought -in by Mr. Glusman does indicate the wall on Lot 1. Mr. Glusman said that Lot #1 which C/M Disraelly is looking at, is for the proposed wall on Nob Hill Road. On McNab Road, the existing wall was approved and built without any conditions. Mr. Birken said as he recalls, the question came up about the first wall and how it would be handled, at the time they were looking at the Site Plan for the second wall. Mr. Glusman had been asked to come back and have information regarding that. Mr. Mitchell Klein was identified and said he is Mr. Glusman's attorney and that request had been made when he brought in the document for the second wall, that the first wall be included so that they could be tied together. Lot 1 is proposed and should have been covered in the agreement prepared, and he would include it. A discussion took place as to just which lots are being included in the proposed wall, and Mr. Klein said he would amend his agree- ment to show that. The maintenance of the wall was discussed and possible verbiage. Mr. Birken said that this will be a docu- ment that the City cannot enforce and that they have to rely on the Homeowners Association for what has to be done. He added that the wall is private property and the City should not get involved. The amendment provides that one body is to be responsi- ble for maintaining the wall and they have the ability to compel owners to make contributions to do whatever they have to do. Mr. Birken said as far as property values, it would be to everyone's best interests in the community to not allow it to become an eyesore as that would affect their property also, not just the property of those people abutting the walls. C/W Kelch agreed, saying the_homeowner-s_.must accept the responsibility of mowing on both sides of this wall, as well as _the.. maintenance of -it - She said she was satisfied with what was put into this document, as she reads it. V/M Massaro said she had no objection as long as the Declaration of Restriction is to includethat Lot 1. Other than that, she said that the City does not want to get involved and the impor- tant thing is that the Association would bear the responsibility for the upkeep of the wall. V/M Massaro MOVED APPROVAL of the request for the construction of the wall on Nob. Hill Road, subject to the Declaration of Restrictions being amended to read, "the wall running the peri- meter of lots #1 and 12 thru 45 and the permit for the wall not be issued until such time as the executed agreement is com- pleted and recorded, showing the O.R. book and page." C/W Kelch SECONDED the motion. Mr. James E. Ephraim was recognized and said he is a lot owner of Isles of Tamarac, and had other owners with him. He said they had not heard of this previously and understands that the Homeowners Association would be responsible for the wall. He said when formed, the Homeowners Association would include all those present. However, this obligation of the wall was not envisioned at the time they purchased their homes and therefore, he felt Council should put this over until they can have a better representative group present. V/M Massaro said that this Nzould just involve maintenance of the wall and the homeowners would be responsible for the other maintenance as well, including the landscaping. She said that most homeowners like the privacy that landscaping gives, but that would be their decision. --12- 4/30/80 tz -.,-.Tape #10 Mr. Ephraim said the individual owner is responsbile for his own lawn, but not the association as a whole; they mow their own lots and are responsible for their own land. The Homeowners Associa- tion will only be res-pon.sible for the recreational facilities as detailed in Sec. (b) of the Plat. C/M Disraelly asked if he is then suggesting that people who do not abut the wall not be responsible for it? Mr. Ephraim replied affirmatively. Mr. Klein said it is a Homeowners Association and there are certain areas- dedicated that they will be responsible for; the recreational area and the landscaping in front of the parkin. Mr. Klein said what Mr. Ephraim and others are requesting, is out- side of Council jurisdiction, as the document relating to this can be amended and the owner has unilateral right to amend under Art. 7, Subsec. 3, and title had been subject to these Declarations. A discussion took place relating to this matter, and the City At- torney was asked for his opinion. Mr. Birken said that Mr. Glusman's attorney has- made a representation of what is in their documents and he had neither seen nor heard it, and therefore, he does not think it is proper for him to give any decision. He did not be- lieve that the City would want to get involved in examining indivi- dual section documents. Mr. Birken added that certain representa- tions had recently been made in the Wedgewood section and the City had accept the attorney's statement. If improper representations are made, there may be ramifications against Mr. Klein. V/M Massaro s-aid that what they should be looking for then from Mr. Klein is a statement as to what their legal position is. Mr. Klein said he would go on record so that they can take proper action today. V/M Massaro said that perhaps they could then make this subject to approval of the document, by the City Attorney. Milton Siegel, homeowner, at 101-14 N. W. 71st St., Tamarac, was recognized. He said they had not received notice regarding this, nor had they been told about it when they purchased their homes. Mr. Siegel said this project does not have "common area" and there- fore, they are not responsible for such without having some say in this matter. He said it would be his suggestion that the walls be the responsibility of the homeowners who buy those par- ticular lots, and they should be told in advance, what their ob- ligation will be. He felt this would be a better solution and more fair rather than obligating an entire association. Further, Mr. Siegel said if the developer is permitted.to amend By-laws without their say, it might establish a precedent and there would be no limit as to what he could do. A lengthy discussion took.place regarding this, with the homeowners pointing out that the lots where these walls are in question, have not been sold yet. Upon Mr. Klein's statement that each individual homeowner might then desire to use a different color on his portion of the wall, Mr. Birken said they could include color, etc., in the deed restriction. C/M Disraelly said Council had assumed that there was a Homeowners Association of all the common elements. V/M Massaro said if people buying these lots know that wall main- tenance is included, it would be better than changing deed re- strictions as that might cause more harm than good. Upon further discussion relating to this, Mr. Klein said it would be acceptable to them and they would submit a document, in which language would be included that those on perimeter lots where the wall is to be constructed, will be responsible for it, and they would add verbiage as to the -color, etc. V/M Massaro said she felt that if these people are informed in advance and it is not a secret, they would not object. C/M Disraelly questioned what would happen in instances where there is a percentage of wall on the neighbors property? Mr. Klein said very often lawns are commonly shared and meet halfway and that most people are decent and mow it all. Mr. Birken said they would have to modify the Site Plan in some way to show the different lengths of fences, and that there is no fence overlapping on property lines. He would assume that they would want to prepare a new master Declaration of Covenants & Restrictions or put this language in the Deed, as far as maintenance and color of the fence. Mr. Klein agreed, saying he would make a separate Declaration of -13-- 4/30/80 tz Restrictions with respect to Lots 1, and 12 thru 45 of Block 373, saying that anyone who takes tittle to those lots from GMG Invest- ment Co., shall be obligated to maintain the wall which is on their property, keeping color consistent, etc. He said he would work this out with the City Attorney and in the meantime, would ask that this be tabled to May 14, 1980. V/M Massaro WITHDREW her motion. C/W Kelch agreed. V/M Massaro MOVED that this item be TABLED to the May 14th meet- ing and that Mr. Glusman will come back with the amended Site Plan and the proper legal document that has been approved by Mr. Birken. C/M Disraelly SECONDED the motion. VOTE: ALL VOTED'AYE. V/M Massaro told Mr. Glusman and Mr. Klein to have their documents in a week .from today, in order to give Mr. Birken time to review them. (b) Landscape Plan. V/M Massaro s-aid indication should be made as to where trees and shrubs are going to be located, such as any other Site Plan that comes in. She called attention of Mr. Glusman and Mr. Klein that there should be more specific language regarding this, rather than just a note., C/M Disraelly explained to them how trees and other plans are indicated on the Site Plan. V/M Massaro MOVED that ISLES OF TAMARAC (b) Landscape Plan; that the landscaping is to be individually indicated on the Site Plan as to exactly what is going to be planted and is to come in not later than a week from today. C/M Disraelly SECONDED the motion. VOTE: ALL VOTED AYE. AGENDIZED BY CONSENT: c Lot #52 Mr. Glusman said he would like to discuss this briefly and went on to say that at the time he was before Council on February 27th and a lot restriction had been placed on Lot 52 of 373, none of them knew that at that same time, the lot on which the restriction had been placed, was sold. He said that due to problems he had subsequently, he had not had time to notify the City about this problem nor had he asked to be agendized. Although he contacted C/M Disraelly on two occasions, they had not been agendized until April 14.... due to either one or the other being tied up. In the meantime, Mr. Glusman added, he had notified the superindent to stcp work on that lot inasmuch as some stakes and batter board had been placed. On the 14th no action had been taken and he is back again for approval of release of that lot. He had waited to see if the customer would change his mind about that lot, but he had not. C/W xelch asked if this lot was redtagged and Mr. Glusman said it was, although he had stopped work on it a month ago. C/M Disraelly said Council had been concerned at the April 14th meeting, with the ,fact that a permit had been pulled. Mr. Glusman said it had not been done intentionally-; however, at that meeting there had been discussion also relating to landscaping, etc., and nothing had been accomplished. C/M Disraelly discussed his meeting of April 7th with Mr. Glusman at which time a permit had been pulled, and he had not been informed of it. He went on to discuss other meetings with Mr. Glusman at which time he felt proper information had not been forthcoming. Mayor Falck suggested that they move ahead on this matter. V/M Massaro said that Mr. Glusman has indicated what had been done was not intentional and she would not object to --14- 4/30/80 tz L his getting permiss-ion to go ahead and build a house on that lot. Questioned by C/M Zemel, Mr. Glusman explained that the salesperson had sold a house on Lot 52 at the time he was here at Council. The person buying the house said he wanted that location and there are five other houses on that block already. V/M Massaro MOVED that Mr. Glusman be permitted to continue with the buil-ding of the house on Lot 52. Mayor Falck asked for a second to the motion. Mayor Falck turned the chair over to Vice/Mayor. Mayor Falck said he would. SECOND the motion for discussion pur- poses. V/M Massaro said Council has heard motion and second, and asked if there was any further discussion on the motion? Mayor Falck said he did not believe any good could be accomplished by pursuing this- further; a mistake had been made and as he under- stands it, this buyer does not wish to take something else. On this basis, he is in favor of the motion. There being no further discussion, V/M Massaro asked that the question be called: VOTE: C/W Kelch: NAY C/M Zemel: AYE C/M Disraelly NAY V/M Massaro: AYE Mayor Falck: AYE MOTION PASSED 3/2. C/M Disraelly said he wishes to call the City Manager's attention. to complaints they have received from that section about motor- cycles and trucks being there on Saturdays, people have jumped into the pool with their clothes on, there is shooting of rifles, etc. He asked Mr. Gross what protection could be given to these people as telephone calls from women have indicated they are scared. Mr. Gross said that Section 7 has been used by four -wheeled vehicles and 'dirt' bikes, as they come up through Sunrise into Tamarac. He said the Police Dept. had contacted homeowners and told them to put up "no trespassing" signs so that it could be enforced. Mr. Gross went into a ,further discussion of these problems, saying Tape #11 they have stepped up patrols particularly on weekends. He said there is also a dumping problem in that area also. Questioned by C/M Disraelly about how quickly lights are being in- stalled, Mr. Glusman said it is not fast enough and he had made calls to F. P. & L. Florence Bochenek was recognized and spoke of private trucks coming in from McNab at 50 miles an hour. She said increased patrols do not mean anything unless they are given tickets. Mr. Gross said they need the help of homeowners, who should call the Police Dept. so that they can be caught going out. Mr. Sam Schwartz was recognized and said he is President of the Isles of Tamarac Social Club. He said their Civic Chairperson, Mrs. Bloomfield had been in touch with some departments and.had- recei:ved-a call from Mr. Thissen who said they would be starting a clean up in their area and would be posting signs along McNab Road. Mrs. Bloomfield had also been in touch with Mr. McCaughey of F.P. & L. regarding lights and they had been promised an onsite inspection of their area. Mr. Schwartz said that no one objects to the wall or the landscaping, their objection had been regarding the imposition of an obligation to them. He felt the decision made today regarding the wall was satisfactory to him and he be- lieved, would be to all concerned. He thanked Council for their efforts. -15- 4/30/80 tz ITEM #20. Council District Boundaries Temp. Ord. #754 - Amends Code Section 2 by removing the codification require- ment for the boundaries. Discussion and possible action. First Reading. Synopsis of Action: Temp.Ord. #754 - APpROVED on First Reading. Mr. Birken read Temp. Ord. #754 by title only. C/M Disraelly MOVED ADOPTION of Temp. Ord. #754 on First Reading. V/M Massaro SECONDED the motion. VOTE: ALL VOTED AYE. AGENDIZED BY CONSENT: ITEM #49. Committee for-Communityfor-Comtriunity Development Delegate. Synopsis of Action: C/M Disraelly appointed. Mayor Falck said he had s-ent Council information regarding this and asking that Council confirm naming of C/M Disraelly to the Block Grant program for the ensuing year. He added that he had received a call last Friday from the people in this program saying they needed information as of then, and since Council was not in session he had named C/M Disraelly. C/W Kelch said SHE SO MOVED. V/M Massaro SECONDED the motion. VOTE: ALL VOTED AYE. Mr. Gross said he wishes to note that Evan Cross has been named by the County as a representative of this Committee, so this gives Tamarac two members on that Committee. Mr. Gross added that Mr. Cross was Vice -Chairman last year and there is a good chance that he will be Chairman next year. AGENDIZED BY CONSENT: Item #52. Tract #46. Discussion and possible action. A parcel of land to be use in conjunction with Utility. Synopsis of Action: TABLED to meeting of 5/14/80 V/M Massaro .stated -she was checking on the status of this parcel due the fact that a chlorination plant was supposed to go on it. C/M Disraelly-.s_aid_.he had. spoken.. to, Tony Nolan and because of a residual problem water was coming out of a hydrant in the western part of the city in order to continue having correct circulation and the right residual levels. He also questioned the need for the system and found that they are looking into the possibility of putting their plant on the property the City owns on Nob Hill Road since it may be a more logical site than the one in the northwestern parts of the City. C/M Di_s_raellti.mentioned that the two areas involved were being checl.ed to determine which area was being called Tract 46 since there was a question of location at that time. C/W Kelch questioned what was being done in regard to the agreement that was entered into which has an escalating cost figure added to it. C/M Disraelly answered that the City may not buy that_.._pi_ece __o_f property. He reiterated that the document in question specified a six month period from the date the option was accepted and that it is more than six months since receipt of that letter. He also stated that if the City wanted the property it would take the position that the option -16- 4/30/80 tz J price is $40,000 because no action was taken on it and Marmon may take another position. Since we do not know if we need it hydrauli- cally it doesn't make any sense to accept it. Plus Council may wish to go out for bids or to consider having specifications prepared for property. V/M Massaro said that before determination could be made that the site was adequate and the proper place for it, due to hydraulics, the City's consulting engineers would have a considerable amount of work to do. She stated the City is running a hydrant now because of the distance involved and this Tract is at even a greater distance. C/M Disraelly replied that the Tract is where you put your reserve tank and the water comes back off that. V/M Massaro said that a bid could not be made before it is determined the Tract is suitable. C/M Disraelly MOVED to table until a report is received from Williams, Hatfield, Stoner for the location of a storage tank. May 14, 1980 was set as a deadline for receipt of this report. C/W Kelch SECONDED the motion. VOTE: ALL VOTED AYE Item #53. Creation of Liaison with Crime Watch of Sroward County, Inc. - Temp. Reso. #1598 Synopsis_ of Action. Temp. Reso.- #1598 ADOPTED. RESO. # — O -/ PASSED Mr. Sirken read Temp. Reso. #1598 by title only. C/M Disraelly MOVED that our Crime Watch Program be tied in with the County and ADOPTION of Temp. Reso. #1598. V/M Massaro SECONDED the motion. VOTE: ALL VOTED AYE Item #54. Water & Sewer Developers Agreement - Jerome F. Graham. Synopsis of Action: Approved subject to approval of City Engineer and City Attorney. V/M Massaro MOVED for approval subject to approval of City Engineer and City Attorney. C/M Zemel SECONDED the motion. VOTE : ALL VOTED AYE Item #55. Census (a) 30-day Extension of Post Census Review Period Temp. Reso. #1602 Synopsis of Action: Temp. Reso. #1602 ADOPTED RESO. f—1d- / PASSED C/M Zemel MOVED for ADOPTION of Temp. Reso. #1602. V/M Massaro SECONDED the motion. VOTE: ALL VOTED AYE (b)Discussion and possible action on permitting workers to use Council Chambers for testing V/M Massaro MOVED for APPROVAL and a time be set up with the City Manager. C/M Zemel SECONDED the motion. VOTE: ALL VOTED AYE -7 F J Item #56 Requesting Amendment of Florida State 718.507 relating to regulating conversion of rental property to condo- minium - Temp. Reso. 1599 Synopsis of Action; Temp. Reso. 1599 TABLED to next regular meeting Mr. Birken read Temp. Reso. #1599 by title only. V/M Massaro MOVED to table to next regular meeting. C/W Kelch SECONDED the motion. VOTE: ALL VOTED AYE Item #57. Urging Continuation of Revenue Sharing on National Basis - Temp. Reso. #1600 Synopsis of Action: Temp. Reso. #1600 ADOPTED RESO. # -$e // PASSED V/M Massaro MOVED for approval of Temp. Reso. #1600. C/M Disraelly SECONDED the motion. VOTE: ALL VOTED AYE Item #58. Appointment of Steve Wood as Finance Director gnopsis of Action: APPROVEn V/M Massaro MOVED for approval of Steve Wood's appointment as Finance Director. C/M Disraelly SECONDED the motion. V/M Massaro requested the C/M Disraelly and Mr. Gross issue a memorandum as to what has been decided in regard to salary. VOTE: ALL VOTED AYE Item #59. Request for additional 30-day extension of work covered under surety bond (Gene Hahn) Synopsis of Action: APPROVED Tape #12 V/M Massaro read letter received from Chateau Development Corp. of which Mr. Hahn is president. V/M Massaro MOVED for approval of extension. C/M Disraelly SECONDED the motion. VOTE: ALL VOTED AYE REPORTS: Item #45. City Council C/M Zemel received a petition signed by 47 citizens, many of whom were widows, protesting the discontinuance of Bus Route 80 which is their only means of transportation. Upon checking with D.O.T. C/M Zemel was told it was not being discontinued, in fact they were considering an extension of this route to cover all of Commercial Boulevard from Visual Graphics to the ocean. He said he will con- tact the citizens informing them of this information. C/M Zemel read a letter, dated April 22, 1980, from Florence Frenzman of N.W. 81st Street in regard to a serious problem of trespassing and vandalism existing in that area. He checked personally and is aware the condition exists and informed Chief Roche about the prob- lem. C/M Disraelly said he would instruct Lt. Joseph to have this area patrolled every night for a couple of weeks in the hope that this would discourage such unruly occurrences. 2M 4/30/80 mt C/W Kelch made reference to Ms. Frenzman's letter regarding diffi- culty with the 911 emergency and suggested she be informed to become a member of Citizens Crime Watch in order to get faster service. C/M Zemel informed Council that he had made a comprehensive study of the Jewelry Mart business at the Mart and would discuss a resolution, covering the unique occupational complexities and what can be done, at the next Agenda Meeting. C/M, Zemel also stated he would come up with a comprehensive report concerning the schedule for Tamarac Parks covering recreational activities and that he had a conference with the City Manager in regard to this subject. C/M Disraelly expressed his concern over the excessive amount of expenditures incurred by the Kodak Copier in the City Clerk's office. Mr. Gross said he would check on this matter. C/M Disraelly requested a check list from Mr. Gross as to who reviews various documents before they come to Council. C/M Disraelly brought up some items of old agenda. On March 26th he requested a list of the people in the Finance Department and what their titles were. The budget at that time called for 9k people and now there are 13 and he is unable to determine what they are charged to. Two or three months ago a request was made for a list of small tools in order to set up a self insurance program. This was brought up at prior meetings of the reports and he said he still is waiting for the reaction from Mr. Gross. He asked Mr. Gross if the form had been sent advising each shopping center what was required in regard to the lighting ordinance and sign ordinance. Mr. Gross replied affirmatively. C/M Disraelly questioned Mr. Birken on the reduction of handi- capped parking under the ordinance. Mr. Birken replied this was true in most instances, not all. C/M Disraelly asked if they can be reduced under the new ordinance without amending the site plan. Mr. Birken answered that he didn't know why they couldn't. C/M Disraelly inquired if a shopping center without a sign would be required to put it up now and Mr. Birken answered that if there was no requirement that they have handicap parking when they were constructed and the State requirements are not for private property then they would not need to but we have the option of requesting them to do so. V/M Massaro stated that the City should control what is being eliminated and be informed of their actions. Mr. Gross was asked to contact the people to apprise them that they can reduce their handicap parking spaces and to inform the City Planner which ones were eliminated. V/M Massaro addressed the Mayor and informed him that on March 13th he had mentioned that the airport intended to have an air show in 1981 and she asked who had to be notified and when the decision would be made to give them permission. Mayor Falck replied that it was his understanding that this still was undecided and it wasn't necessary to do anything until after June lst. V/M Massaro said she received two memos issued by Mr. Gerren to Mr. Mercer asking about the status of the street sign contract. She inquired if Mr. Gross should contact Mr. Mercer since the City had promised to get this out expeditiously. C/M Disraelly stated that a check had been issued, this date, and charged to Broward County Public Works for street sign blanks. Mr. Gross clarified this expense by saying that these were certain signs that the City uses as emergency props until the County can come in to replace them which often takes some time. Also that the City uses them to put up its own signs for City property. C/M Zemel interjected that for the last 14 months the street sign at 100th Terr. and 85th Place has been down and nothing has been done in spite of the fact that he had reported it three times to the Assistant City Manager. 4/30/80 mt Mayor Falck reported he had a meeting with Rushing, Mercer & Gerren and it was agreed they were going to get the sign project,started. They also agreed that the place to start was East of 441 where many concrete post signs are gone; also they indicated they were going to start in sections where there was the most demand. The Mayor said he sent a confirmation to Mr. Gerren that the City had a re- quest for signs in connection with one of the other sections that he outlined and sent to the City Manager within the last three weeks pointing out to him that they will give us as much time and attention as they can possibly do in order to get our program under- way. He pointed out that this is basically what Mr. Gross was refer- ring to. V/M Massaro said she had asked Mr. Gross at the Council Meeting, after meeting with Mr. Gerren, to prepare the list so that they could have it immediately. Mr. Gross said the list was pre- pared indicating the priority. V/M Massaro stated she received a Tape #13 copy of a letter from Mr. Gerren to Mr. Rushing and he would send a copy to the Mayor also, which has to do with N.W. 31st Avenue and Commercial Boulevard. V/M Massaro read the letter. V/M Massaro MOVED to AGENDIZE BY MAJORITY CONSENT Eugene Toll's request for release of his letter of guaranty as Item 60. Item #60. City Attorney to send letter to Coral Gables Federal S&L enclosing City Engineers memo requesting extension of exviration date of Letter of Guarantv. C/W Kelch SECONDED the motion. VOTE: ALL VOTED AYE V/M Massaro MOVED to direct the City Attorney to send a communi- cation to the Bank along with a copy of the communication from the City Engineer asking them to continue the bond until release is authorized by the City. C/W Kelch SECONDED the motion. VOTE: ALL VOTED AYE Mr. Birken addressing Council stated that in reference to the docu- ment they received pertaining to the airport, a hearing is scheduled for May 7th; 7:30 P.M. at City Hall in reference to "a dog & pony show" which is one of the steps they go through before extending the runway. Mr. Birken said that he and the law firm of Williams, Hatfield & Stoner would be there and that Council may want to have a Special Meeting to discuss the report. C/M Disraelly mentioned a lot of income is involved to the City of Fort Lauderdale from this airport and it is much to their advantage to get it. Mr. Birken informed Council that the airport's future plans may include an industry like Federal Express and this should be taken into consideration. Mr. Disraelly stated that recently there were some hearings on the Hollywood/Ft. Lauderdale Airport and it was recommended that the charter and private aircraft busi- ness will be removed from that airfield to other general aviation airports within the vicinity. Mr. Birken reported that last week he attended a Seminar on Local Government Law in Orlando and there was some discussion concerning recent cases, both by the U. S. Supreme Court involving the City of Indianapolis and that decision essentially stated that in law- suits for violation of civil rights under the U. S. Code which was available to cities, in the past, is not a defense anymore. He said that as soon as he received a copy of that decision he would provide Council with same. A similar decision has come down on another area which would also potentially affect cities and that is a case called the Talmadge Case which was recently decided by the Florida Supreme Court. It is not a final order right now but is on rehearing and if it becomes final it states that while the $50,000/$100,000 limitation applies to Cities it does not apply to employees or officers of the Cities. There is no limit on liability for acts of officers or employees of the City. He also related that he was awarded attorney fees by Judge Lee in the Jerum Case. The judge ruled that it was a frivolous action in Mr. Jerum's case. -z0- 4/30/80 mt J (See top of page 21 b) Mr. Gross said he received a call from Mitch Ceasar that the Caporella Park project has passed the next hurdle in the grant application and was certified yesterday and, therefore, goes to the final committee in the State for approval. Along with that, the Caporella family, through B.S.I., which is their corporation, have equipment at the park area and are leveling the area to the lakeside. They are moving with great dispatch and the trees and bushes we wanted to save have been flagged. V/M Massaro inquired if there was a possibility of that lake being enlarged due to a need for retention and better drainage. Mr. Gross replied that when the grant was received, con- sideration would be given to alleviate any problem. Mayor Falck pointed out that the City could run a drain from the lower end across Prospect and empty into the east side of Prospect, which is about a 50 yard span. C/W Kelch said that any money received from the grant could be put toward this project without any restrictions on it. Mr. Gross mentioned a problem concerning McNab Road, west of Nab Hill Road which is a two lane going into a four lane road. It has caused a traffic problem and he contacted the Traffic Engineer's office a few times and was assured it would be corrected at noon today. This is the intersection where the westbound and eastbound McNab Road meet at Nob Hill and many people coming eastbound from the Isles of Tamarac are not aware they have to move over to the right hand side,and are going down the wrong lanes which could cause accidents. -21a- 4/30/80 by � � r Mr. Gross said the County Traffic Department has had many requests over the last three or four months from citizens regarding the dan- gerous situation at 57th and 88th Avenues. They have reviewed this area and are now planning the possibility of closing the median strip on 57th Avenue and Pine Island Road. ***-- (Insertion from pg.21a) V/M Massaro reminded Mr. Gross about another item to come before Council concerning the drainage on 88th Avenue. She had asked for permission to go to the engineers who designed the drainage correc- tions from 57th Street to the catch basin that hooks up with the canal and since then some discussions were held with the County and they will put in the culverts providing the City puts in catch basins at the same time. No money will be, or has been, spent for engineering since this possibility was pending. Most of this will be done in- house but there will be some cost for materials which will come from the fund that has been established for drainage. She requested an estimate within two weeks from Mr. Gross as to how much the cost would be involving this drainage and that he would have to figure in the material cost for the swale areas. Mr. Gross stated that the City has the material and the County asked that the City donate some of the aluminum piping that we have behind the Public Works Building for this purpose which they were told belongs to them. Tape #14 Mayor Falck reported on his trip to Washington which presented difficulties in scheduling due to the Iranian situation. The dis- cussion centered around the need for the cities having a recreation plan. The people supplying the funds and approving the plans are not going to be doing it piecemeal. They want to know what the municipalities want and how they intend to set it up on a scheduled basis. They indicated that future funding of any of these projects are going to be available to municipalities that have a recreation plan, and that includes bike paths. The Department of Energy and the Department of Recreation are very interested, as is the Agency on Aging. The Mayor also stated it was not going to be possible for any of these funding requests to go directly to Washington due to the fact that the funds are going to be allocated State-wide and are going to be handled by a State agency. This agency will receive the funds from Washington and they will be working with the various areas in Florida of which ours is the Southeastern area. In addition, when a municipality has put together a recreation plan it must be submitted to the Administrator in Tallahassee. It will then go to Washington< to determine if it meets with their approval. As long as funds are available in the Florida account and the proposal meets the Federal".Government specifications they will approve the request for funding in the areas of energy and recreation. They have one individual who is in charge of coordinating for S. E. Florida and he indicated he was going to set up a session for the benefit of the representatives of the City of Tamarac so that we can make some kind of headway with the State in getting our programs first considered and then approved. Once they are approved at the State level and sent to Washington and if funds are still available in the Florida account and if the program meets the specifications of the Federal Government the project will be funded. They also indicated that there were a number of projects that were available through our Congressman and that they had to be put together in such a way that the Congressman could first refer them to the Agency in the Depart- ment of Interior and that Department would then proceed to submit them to the Agency in Washington where the funding will take place. These are under the custody and control of our Congressman and he is sending the Mayor the information that is necessary to apply through the Congressman and it is the Mayor's intent that as soon as this is received Mayor Falck will have a session with Mitch Caesar and Evan Cross explaining to them what information was re- ceived and he would suggest that they follow the procedures as they were outlined. As mentioned before, the Mayor stated they are interested in bike paths and our cooperation in conserving energy. One of the big complaints in the area of aging is that people are losing their driver's license and are unable to drive and public transportation is unavailable and the possibility of getting addi- tional funding for mass transit is unforseeable in the near future. A solution must be found to alleviate the situation so the elderly can at least go from their home to the nearest shopping center. After an extensive survey they found that, in most instances, some kind of mass transportation is available. In the event this problem isn't worked out then municipalities will be expected to develop their own internal system and tie-in with the county -wide system which is generally the accepted concept of mass transit in the -21--b- 4/ 30/ 80 mt Eastern part of the country. In spite of the inclement weather and the Iranian problem in Washington the Mayor felt gratified that something was accomplished during the trip and it was his intent to provide the available information to the City Manager, in writing, and he in turn will issue copies to Council. V/M Massaro inquired if specifications are available, at present, so we can determine if we qualify. The Mayor replied affirmatively and stated that contrary to rumors that if Cities are not run-down that is not a consideration in this particular program. Mr. Disraelly informed the Mayor that 57th Street was discussed as a bike path and some engineering had been done, put aside, and he was under the impression some engineering had been resumed. He also mentioned that Plantation has a bike path the length of University Drive from -. State Rd. 84 to Broward Blvd. on the East Side of University which hag bden there approximately three years and that Sunrise also has a strip there. C/W Kelch inquired if Dick Rubin had a drawing or sketch extending a bike path all the way to Southgate. Mayor Falck answered that it was only a concept drawing and did not take into consideration the fact that you might not have the right-of-way all on one side. Mr. Gross reported the engineering is complete and since he had discussed it with V/M Massaro previously she could bring it up at one of the Council meetings. The Mayor stated that basically, in connection with 57th it was agreed that until the litigation portion was complete nothing could be done. Mr. Gross said that Plantation and Sunrise had gone as far as they could with the original funding they received. Mayor Falck mentioned that the Government -would_ not consider any funding for partially completed projects, such as in Plantation and Sunrise. C/W Kelch stated that due to the extent and length of the City of Tamarac we should be looking into interconnecting situations. Meeting was recessed until Tuesday, May 6, 1980 at 4:00 P.M. There being no further discussions, meeting was ADJOURNED. MAYOR ATTEST: CITY CLERK This public document was promulgated at a cost of $ y.3o.0,;'-- 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. APPROVE BY CITY COUNCIL ON -zz- 4/30/80 mt L