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HomeMy WebLinkAbout1980-11-14 - City Commission Reconvened Regular Meeting Minutes5811 NORTHWEST 88TH AVENUE 0 TAMARAC, FLORIDA 33321 TELEPHONE (305) 722-5900 November 13, 1980 NOTICE OF RECONVENED =ING CITY COUNCIL TRMARAC,,FLORIDA Please be advised that the Reconvened Meeting of the City Council Regular Meeting of November 12, 1980, will be held an Friday, November 14, 1980 at 9:00 A.M. in Council Chambers. Council may consider such other business as may come before it. The Public is invited to attend. Pursuant to Chapter 80-150 of Florida Law, Senate Bill No. 368: If a person decides to appeal any decision made by the City Council with respect to any ms.tter considered at such meeting, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testis my and evidence upon which the appeal is to be based. a E ass Assistant City Clerk /lc 11/13/80 CITY OF TAMARAC, FLORIDA RECONVENED. CITY COUNCIL MEETING NOVEMBER 14, 1980 (from 11/12/80) CALL TO ORDER: Mayor Falck called the meeting to order at 9:00 A.M. Friday, November 14, 1980, in the Council Chambers. ROLL CALL: PRRgRNT! ABSENT AND EXCUSED: ALSO PRESENT: COMMUNITY DEVELOPMENT Mayor Walter W. Falck Vice Mayor Helen Massaro C/M Irving M. Disraelly C/W Marjorie Ketch C/M Irving Zemel City Attorney, Arthur M. Birken City _Manager,__Edward Gross Ass't. City Clerk, Carol Evans Clerk/Steno., Pat Eisen 43. Gardens of Sabal Palms - Bond Release - Temp. Reso. #1776 - Discussion and possible action to release a landscape performance for this project. SYNOPSIS OF ACTION: Adopted. RESOLUTION NO. R-- gO-a255-'3 PASSED Mayor Falck read Temp. Reso. #1776 by title. V/M Massaro MOVED approval of the release of the bond for Gardens of Sabal Palms, Temp. Reso. #1776, and C/W Ketch SECONDED the motion. VOTE: ALL VOTED AYE. GENERAL ADMINISTRATIVE/FINANCIAL 15. Holiday Festivities Committee - Discussion and possible action concerning a committee to administer holiday festivities. SYNOPSIS OF ACTION: Vice Mayor to direct this function. Mayor Falck read this item and Mr. Gross said we didn't have a holiday committee last year and there were a lot of complaints from people and will leave it to the Council's discretion. V/M Massaro said this will be difficult, as it is so late, but that she would not be adverse to taking this committee and would like to be allowed to direct and choose the people to help her such as Sharon Ellis and possibly Ralph Thissen. Mr. Gross indicated that we need some new decorations and V/M Massaro said she understands decorations have been bought, but she is not satisfied with them. Mayor Falck said he is not familiar with the program that is planned, but time is getting close and feels that if V/M Massaro would be willing to work with the necessary people, the Mayor said he would appreciate it, as the last program she was in charge of was excellent. V/M Massaro indicated that although she has a heavy work load, she will be happy to do it but needs the full cooperation of the City Manager. Mr. Gross stated that he will be glad to cooperate. -1- November 14, 1980 /Pe I r � � COMMUNITY DEVELOPMENT 40. Woodvale "60" Homes - Model Sales Center - Discussion and possible action to approve a permit with a waiver of parking and distance requirements. SYNOPSIS OF ACTION: Waiver granted with conditions. Mayor Falck read the item and Council was presented with plans from Mr. Gerald L. Bell. Mr. Gerald L. Bell indicated that he lives in Woodmont and has been building in the Woodmont Country Club since Leadership sold land to outside builders; they have purchased 35 lots in Tract 60 and are building two model homes which will be extensively land- scaped in the model homes and the parking area and intends to do the best job possible. C/W Kelch asked Mr. Evan Cross to elaborate on this project, and Mr. Cross said he was contacted about 4 weeks ago by Mr. Stevens of Woodvale and he was made aware of Ordinance No. 80-56; Mr. Cross has also received on two occasions a letter and a site plan which showed the two model homes, the street and the block they would use for parking and there was a problem in determining from the Ordinance what the proper parking would be. Mr. Cross indicated that Mr. Bell became involved and contacted the City Attorney at which time the documents were submitted to the City (the $150.00 fee was the correct fee); they asked to waive the asphalt finish and put in wood chips in 4 parking spaces and have an expansion area if necessary and also a waiver for the 150' models to the closest unit. V/M Massaro asked what the closest distance was and Mr. Cross explained that they owned 35 lots in the immediate vicinity. Mr. Bell said he was concerned about knocking out 15 of the lots which would be unuseable. Mr. Cross indicated that at this point in time he sent a memo to the City Attorney, Council, the City Manager and Irene pursuant to a meeting with the City Attorney and after a meeting with C/M Disraelly that in the future all model sales applications were to have a full site plan or 24" X 36" paper requesting certain infor- mation, which wasn't what they submitted. Mr. Cross(said it is his understanding of the Ordinance that there was confusion as to what an overlay was, but that he and the City Attorney con- cluded that it was to take an existing site plan and just draw over it, but there was some discrepancy. V/M Massaro indicated that the site plan doesn't give any kind of relationship to homes that are going to be built there, but only expansion and two models; she asked what kind of a waiver they were seeking or asked if he wants to throw it out altogether. C/W Kelch explained that the ordinance was to keep an annoyance away from existing homes; there is nothing to show where the entrance is, how many homes one has to go past to get to this parking place, etc. Mr. Bell replied, not really altogether because the parking lot will take a spot. He showed a large diagram to Council and pointed out Lot 10 and Lot 12. V/M Massaro asked what Tract 60 was and Mr. Bell answered N.W. 80th Street. Mr. Bell showed the country club as a point of reference and indicated same on site plan. C/M Disraelly entered Council Chambers. C/W Kelch asked Mr. Bell if his actual office will be in just the garage of one of these homes and Mr. Bell replied that their main office is in Margate and this will be strictly a sales office and sales people will be there. -2- November 14, 1980 /pe C/M Disraelly said he doesn't think spaces are needed for both models, but he does feel that there should be spaces as required by the oxCUnaiice for- one mode-i- wh4-c-.i would ba 13 spaces; however. that could be reduced to 12. Furthermore, he doesn't think 4 are enough, as if any people come in to see him, there will be a shortage of spaces. He would not be opposed to having the requirements for one model and waive one, but doesn't think we should waive the spaces that are required. The second consideration that he has in t?y-ng it together is that the 150' requirement should not be waived until the rest of the homes are sold; the ones at the parking entrance should not be built on a-s the people who might be- 3L.v{oived i-n lots 3, 4 and 39 might be affected. Mr. Bell showed the lots it will affect and feels 50% of his sales will be affected and that there are a total of 81 lots in the sub -division. Mr. Arthur Birken explained that Mr. Bell bought lots from the developer, but not all the lots. Mr. Bell said he owns 30 lots and that the ordinance affects lots 8, 9, 11, 13, 14, 4, 3, and 39. Mr. Gross mentioned that when Council wrote this ordinance,it was written because most of the tracts were owned by one individual, and since these lots are sold separately, feels it will impose a hardship on Mr. Bell. C/M Disraelly said that maybe this can be reduced and not knock them all out, but feels that the people adjacent to the models should have some protection. Mr. Bell indicated that should people have a complaint, he will rectify it, but that he will do what is right. _ C/M Disraelly said if he is using lots 10, 11, and 12, then lots 9, 13,-_3 and 39 should be left open. V/M Massaro stated that she has an aversion to the number of park- ing areas available and doesn't think 12 is too great a number so that people are not all over; maybe 3 and 39 should be restricted and Mr. Bell could come back at a future time to release these. V/M Massaro said there would have to be a proviso that if there was parking in front of peoples' homes, then Mr. Bell would have to cease and desist with using those models until more parking was provided. Mr. Bell said they generally have only two or three people at a time, so 12 parking spots are not necessary, as people are not going to be in 12 cars and asked if a compromise of 10 spaces would be possible; he said other builders are not required to have 12 spaces, some have 6 and some have none. V/M Massaro MOVED that on Project 60 Woodvale, a waiver be granted to the parking requirements but requiring 12 paved park- ing spaces and the required beautification around it and that~, the two model homes be permitted with the parking in between lot 11, that the lot numbers 3 and 39 no final inspection be made until the requirements of the ordinance are all met other than the waiver provisions granted today. C/W Kelch SECONDED the motion. V/M Massaro said she thinks there is a provision that Mr. Bell can come in at some point in time if this becomes a hardship. VOTE: ALL VOTED AYE. TAMARAC UTILITIES — WEST 3. Emergency Purchase - Discussion and possible action to declare an emergency to waive bidding procedures for the purchase of pumps for lift stations 11 and 14. SYNOPSIS OF ACTION: Authorization given. -3- November 14, 1980 /pe L. J Mr. Gross indicated he had received from the City Clerk's office the proposed contract from Sanders, Aspinwall & Associates, Inc. for the sole bidder item which was changed from an emergency purchase to a sole source required by the ordinance. C/M Disraelly MOVED that we purchase the pumps from Sanders, Aspinwall & Associates, Inc. Fairbanks Models, one for $3,475.00 and two for $3,245.00, for a total price of $9,965.00. V/M Massaro SECONDED the motion. VOTE: ALL VOTED AYE. LEGAL AFFAIRS 29. Executive Airport - Discussion and possible action on: a) Status report on work by M & H Services and Milledge & Hermelee. b) M & H Services, Inc. - invoice of 10/24/80 in the amount of $17,150.00. SYNOPSIS OF ACTION: No action taken, but consultants requested to attend meeting of 11/26/80. (tape side #2) Mr. Birken said he sent Council a memo on November 6th on how the work was progressing in relation to the budget and stated that we are a little behind the budget, but that Mr. Arnold is very close to the amount authorized. C/W Kelch asked Mr. Birken if hehadsome idea as to how much it has to be raised. Arthur Birken, City Attorney indicated that this matter has been handled in an unusual way for litigation and he has directed them to keep the costs down, but unlike others he has handled, there was a cap placed in the motion. V/M Massaro said that we can't give them a blank check and was disturbed about the 2.5 multiplier. Mr. Gross asked if H & M was the same company and V/M Massaro replied that it was. C/W Kelch asked what the round numbers were and indicated that she would not like to see this suspended. Mr. Birken said it appears from memoranda that was filed'by the FAA that they will be required to have environmental impact statements on the runway extension and that the scope and mag- nitude of that is, do we have some chips to bargain with; he feels we are moving in a good direction. V/M Massaro mentioned that we need to know what they are talking about as an upset figure; it may be a $100,000.00 figure. Mr. Birken said it it goes to the Supreme Court it might cost us that much; he indicated that Milledge & Hermelee stated that they are $3000.00 or $4000.00 off. C/M Disraelly discussed the fact that we have instituted a law suit and either we are going to pursue it or not; if there are any additional problems, do we drop it, go by default,or continue? C/M Disraelly said he thinks that we should not stop it, take the next step, and if Mr. Birken thinks the judgment will be made as to the environmental impact, the City should take the next step and he doesn't think we should drop it at this time. He said the City knows there are additional costs; let's see what this next bill is, anticipating that Council will add to the budgetin the near future. -4- November 14, 1980 /pe Mr. Birken suggested that we have Mr. Arnold of Milledge & Hermelee at the next meeting, as he has been a professional for many years; his fee is $100.00 per hour, but the 2.5 multiplier is what had everyone confused. Mayor Falck indicated that Mr. Birken's suggestion was a good one and the representatives can be here at the next meeting and discuss it with them. V/M Massaro said we can't go for an unlimited number of dollars. Mr. Birken explained that the trial is going to be scheduled for Christmas week and he anticipates that it will be resolved at that trial, and if it is granted, we will be in good shape. C/M Disraelly discussed hours they will put in that week, but we have to go that far, and then find out what the City has to pay; after the trial we can determine where wecan go. Council discussed the bill that would come in from this firm and felt this bill could be negotiated, but that it would have to be paid. Mayor Falck said as long as there is an understanding that the work that is done between now and the next meeting by Mr. Arnold and have their representatives here at the next meeting, he thinks that is sufficient; there is no action needed, but we will have it on the agenda for the 26th. GENERAL ADMINISTRATIVE/FINANCIAL 17. Capital Improvement Program - Municipal Facilities - Discussion and possible action concerning proposal to prepare an architectural and planning guide to a Capital Improvement Program for the City. SYNOPSIS OF ACTION: Michael Shiff & Associates hired with stipulations. ............... ... Mr. Gross indicated that Council had received a copy of a proposal dated November 5th from Michael Shiff & Associates and he asked Mr. Shiff to elaborate; Mr. Sayers was also in attendance. Mr. Shiff read the worksheet as to what his firm's intentions are and V/M Massaro asked if it will be on a drawing. Mr. Shiff replied that it willbe a bubble diagram, but it won't be a floor plan and explained that it will be an analyis and not a drawing and that they will schematically plan out relationships between different departments. He further indicated that it will be a book of about 30 or 40 pages and also could be done on a matrix plan, also could number departments that are close to each other and show relationship of other departments that are not close to one another. V/M Massaro wanted to know what was wrong with putting it on a piece of paper in a concept plan. Mr. Shiff said they will, but doesn't want Council to think they are giving the City a floor plan, because they can't; not for the kind of dollars that have been discussed - they can't design City Hall. C/M Disraelly discussed where various departments will be, and Mr. Shiff pointed out that the Building Department and Engineering Department relate very closely and might be able to share some things like plan storage and plan review spaces. Mayor Falck said instead of 10 pages, we would like to be given a piece of paper which shows what can be done graphically and Mr. Shiff indicated that they could do that. -5- November 14, 1980 /pe Mr. Shiff went on to say that this will be geared toward the City Hall function and the Police Department and will not be geared toward the City's recreational needs; however they will look at the City's sites in terms of the best location for City Hall and the Police Department, Public Works, etc. He said they will also look at the neighborhood that surrounds those facilities and point out things that Council might want to be cognizant of. V/M Massaro asked if they would recommend where a park is appropriate and Mr. Shiff answered, `'Yes." Mr. Shiff said that in the building design program, they will project some plans for today and some plans to provide for inflation. Mr. Shiff discussed the specific buildings about which they will make recommendations and will analyze this building as to whether the private sector is interested and will probably go out into the market and.talk to a few of the office building developers in the area and they will also look into the Public Works Department. C/W Kelch asked if this will definitely answer our question; would this affect the eventual use or would we be ruining this for some other use. Mr. Shiff will answer what will happen to this building if this addition is made. V/M Massaro asked if there will be a floor plan, and Mr. Shiff asked what Council meant by a floor plan. V/M Massaro indicated that she wanted them to point out where the different departments were to be located. C/M Disraelly explained Mr. Shiff's diagram to V/M Massaro. Mr. Shiff indicated that if the City would hire him things might change later and Mayor Falck said it was his understanding that he is talking about what we have right now and what could be included if we decided to go the other way. C/M Disraelly indicated that Mr. Shiff is talking about a new complex and will analyze this building; they are not going to design City Hall, as emphasized by Mr. Shiff. V/M Massaro said that after that is done and a plan shown to Council, at that point we make a decision which way we are going, and asked if he would then make architectural plans and Mr. Shiff replied that he would. C/W Kelch indicated that #2 under "C" about cost projections, will they give Council a couple of alternatives and Mr. Shiff said once they know how big City Hall is going to be, then they will do some cost estimates according to square footage and use that basis to determine cost until there were definite plans. C/M Disraelly asked if they could estimate furniture costs and Mr. Shiff said he could give them some estimates of what it would cost to furnish the building based . upon per person. C/W Kelch asked how much of this cost is the 25 copies that they suggested and Mr. Shiff indicated that the City will pay for print- ing costs and it was-nis experience that they never made enough copies and it will be up to the City to determine how many copies they will need and Shiff Associates will handle it for the City. V/M Massaro indicated that she didn't like the words "out of pocket" and would like to see that sentence eliminated and Mr. Shiff said that if the City is willing to put a limit on "out of pocket expenses" without coming back to Council, that they would be willing to do that; they never know what they might have to buy and feels that the fee is very low for what they are doing. Mr. Shiff said they will do it for $4,750.00 and the City will absorb cost of printing and City can request as to number and quality. -G- November 14, 1980 /pe I C/M Disraelly indicated that Item E is to be determined by Council. V/M Massaro asked if we can eliminate "plus out-of-pocket and normal reimbursable expenses" and Mr. Shiff said this would be fine. V/M Massaro mentioned that she would like to see this work held until a new City Manager comes in, although she would like to give Mr. Shiff the agreement today. Mayor Falck said he felt that Council is permanent and the City Manager position is temporary and Council should give its decision. Mr. Gross said we are hoping to look for grants and if plans are ready quickly, we can use these plans for grant purposes. C/W Kelch said if this is authorized, she thinks this is what must be had in order to make an intelligent decision. Mayor Falck indicated that if we had it, it would provide better input than if we had nothing, and feels a new City Manager could work better with this information in hand. C/M Disraelly mentioned that if the City doesn't like Mr. Shiff's plan, then the City won't build; he is just telling us what we should have and what we need. C/M Disraelly MOVED that we hire Michael. A. Shiff & Associates to perform the work under his proposal dated November 5, 1980 with the stipulation of a fee of $4,750.00 and the cost of the printing of the final report will be determined by Council at a future date as to type and quantity to be provided and with the deletion of the words "plus out-of-pocket and normal, reimbursable expenses" and payment to be made upon acceptance by the City Council. C/W Kelch SECONDED the motion. VOTE: ALL VOTED AYE. COMMUNITY DEVELOPMENT 38. Miller, Cowherd & Kerver - Building - Revised Site Plan - Discussion and possible action for paving and drainage at a dedicated alley for the building at 3900 West Commercial Boulevard. SYNOPSIS OF ACTION: Approved with conditions. V/M Massaro indicated that this alley exists, but part if it was never used; there is an alley that has been paved on each end being used by some of the people south of this complex and in the middle there is nothing but brush and overgrown material. C/M Disraelly asked Mr. Glen Cameron if, the funeral parlor is to the east of 38th Terrace and Mr. C am e r o n replied that the funeral parlor sits on lots 5 and 6. V/M Massaro asked if the funeral, parlor is west of this property and Mr. Cameron said yes, and Council and Mr. Cameron examined the plan. C/M Disraelly said this alleyway is overgrown and in back of the wood -working shop there is a parking lot and a white dumpster which will have to be removed. Mr. Cameron said they are just looking for access to 38th Terrace and are trying to avoid the use of 49th Street and stay away from 441. -7- November 14, 1980 / pe. (tape side #3) V/M Massaro said the City Engineer has recommended according to the plan, a catch basin on each end with the 15" perforated corrugated aluminum pipe in between. She indicated that Mr. Keating was careful in designing this and it will probably hold the water that comes in there, but they might have a maintenance problem w ft e r e drainage is going to be; however it will be their res ponsibility sponsibility and we are waiving the require- ments for the positive flow, as Council realizes it would be a tremendous hardship to put it in for the entire area. She indicated that she doesn't see anything wrong with this and feels it is well thought out and something that is needed very badly; anything that can be done to help traverse through those areas will be a big help to them. C/M Disraelly asked if this was dedicated and V/M Massaro replied that this is dedicated to the public on the plat. Mr. Cameron indicated that they will need a lot of fill, but they are willing to absorb this expense because of the danger to their people. Mr. Gross said he would like the City Engineer to check 38th Terrace as something needs to be done there as the City owns that street. V/M Massaro stated that there is a fee required here because of retention and whenever drainage is involved; the City has to charge for retention and $130.00 per acre fee and that money could be used to correct the problems created by this drainage. Mr. Gross said he will take this up with the City Engineer this afternoon. V/M Massaro repeated that there will be that fee and asked what acreage there was. Mr. Cameron said that lots 3, 4 and 5 might be an acre. Mr. Cameron said he will be agreeable to the retention fee and $130.00 per acre fee if that was usual. V/M Massaro MOVED that the revised site plan be approved as submitted subject to the retention fees and the $130.00 per acre fee which is required by the ordinance and before they get a permit, these fees would have to be paid; the developer review requirements appear to have been satisfactory. VOTE: ALL VOTED AYE. 41. Heftler Homes - Bond Release- Tem . Reso. #1778 - Discussion and possible action to release a subdivision improvement . -- _._.. ... . _ _ _ .. Letter of Credit sub to submission of a one-year warranty bond a sidewalkconstruction _. n bond and additional engineering fees. SYNOPSIS OF ACTION: Approved. RESOLUTION NO.R_4)- PASSED Mr. Birken said he was directed to call the bank that was on the Letter of Credit; he spoke to Mr. Grieve who is Executive Vice President at the First American Bank of Palm Beach County and he said, "Once a Letter of Credit expires, it is a non-existent piece of paper." Mr. Birken suggested to Council that the bond be released. V/M Massaro MOVED the approval of the recommendations of the City Attorney, the permit fees have been paid and subject to receipt of the bond for 25% of the certified cost. C/W Kelch SECONDED the motion. VOTE: ALL VOTED AYE. -8- NOVEMBER 14, 1980 /pe C/W Kelch requested that Council agendize by consent Mitchell Ceasar's Invoice and also the Temporary Use Agreement with with F & R Builders in reference to drainage work by emergency. V/M Massaro indicated that she was concerned about a particular paragraph in reference to the drainage and that Mr. Birken had also expressed his concern about this and if it isn't an emergency, feels it should be investigated further. 52. Mitchell Ceasar's Invoice - $843.57 - Discussion and possible action. - SYNOPSIS OF ACTION: Agendized by Consent. C/W Kelch MOVED that we Agendize by Consent the payment of a bill to Mitchell Ceasar in the amount of $843.57, and V/M Massaro SECONDED the motion. VOTE: ALL VOTED AYE. 53. Temporary Use Agreement with F&R Builders relating to drainage work in Westwood 6 - Temp. Reso. #1780 - Discussion and possible action. SYNOPSIS OF ACTION:_ Agendized by Consent. C/W Kelch MOVED that we Agendize by Consent Temporary Resolution #1780 authorizing city officials to execute Temporary Use Agree- ment with F&R Builders, and V/M Massaro SECONDED the motion. VOTE: ALL VOTED AYE. 52. Michell Ceasar's Invoice - $843.57 - Discussion and possible action. SYNOPSIS OF ACTION: Approved for payment. There was a discussion by Mr. Gross as to his bill which is off by 4� and should be $833.37 instead of $833.33. V/M Massaro MOVED approval of the bill for $833.37 plus $10.24 telephone expense, and C/M Disraelly SECONDED the motion. VOTE: ALL VOTED AYE. 53. Temporary Use Agreement with F&R Builders relating to drainage work in Westwood 6 - Temp. Reso. #1780 - Discussion and possible action. SYNOPSIS OF ACTION: Adopted. RESOLUTION NO.Ro2rj PASSED Mr. Larry Keating reported that the agreement was something he requested from Lennar Corp. to allow the City authorized and legal use of those.drainage ditches that exist through tracts 13 and 13A south of Westwood 6; the City has awarded a contract to Triple R Paving for the 103rd Avenue outfall which includes drainage through one of those ditches and improvements. Mr. Keating indicated that he has been pushing Lennar for the past two months to get these easements in-house and finally the City has it and the form is acceptable to him although the City Attorney has expressed certain reservations with regard to at least one paragraph, but from a technical standpoint, he doesn't see any problems with it. C/M Disraelly asked if this will still be a ditch draining to the south and Mr. Keating replied that it will still be a ditch, but we are cleaning it out. V/M Massaro said that she withdrew her objection to the para- graph referred to by Mr. Keating. C/M Disraelly asked if ultimately there will still be this drainage ditch. -9-- November 14, 1980 /pe �r r Mr. Keating said it could be, but most likely it will not be and that Lennar Corp. objected to definitely establishing the location of the canal they have to put on that property; as long as we have use of the ditch, this would be sufficient. The City Attorney read Temp. Reso. #1780 by title. V/M Massaro MOVED that Temporary Resolution #1780 be approved as read, and C/M Disraelly SECONDED the motion. VOTE: ALL VOTED AYE. 23. Park & Recreation Site Acquisition - Temp. Ord. #742 -- Discussion and possible action on. SYNOPSIS OF ACTION: Adopted as amended. ORDINANCE NO. Q-g'P 114o PASSED V/M Massaro indicated that there are plans that are ready to come in and we are going to lose a vast sum of money; she understands that there is an ordinance drafted at the County by Ann Kolb to call for a three month moratorium until March and she would like to have it heard Tuesday. V/M Massaro said that if it comes out today that it is going to be heard Tues- day, we are going to need representation, indicating that the Mayor would be needed; Mayor Falck said that it would be alright with him to be in attendance. She thinks she can obtain a copy of the ordinance today. Mr. Gross stated that he would be happy to be down there also. Mr. Birken said he will work on it this afternoon, and Mayor Falck indicated that we could schedule a meeting on Monday afternoon for first reading. C/M Disraelly asked what specific changes would be required in the ordinance and Mr. Birken indicated that there is a provision in the ordinance taking out the exemption for credits, and he suggested.that this not be taken out; at least allowing a half credit for any piece of property over 1-1/2 acres for Recreation. C/M Disraelly asked if in some instances in the past, credit was not given. V/M Massaro said we do not want to give any credit for anything less than 1-1/2 acres; we didn't give any credit to Lon Rubin and developers have been asking if there is going to be credit, but she is not recommending any credit as we should get what we can. There was a lengthy discussion between Council and City Attorney as to changing language in the ordinance. Mr. Birken .indicated the following changes in language in the ordinance: Page 2, Line 4 after word'Section"add words "as appropriate." Page 2, Line 7 after word'maximum,' add word "density." Page 2, Line 9 word "approved" be deleted and the word "reviewed" be inserted. Page 2, Line 10 after word'tLttorney"add "and approved by the City Council" -10- November 14, 1980 /pe _1 L (tapeside #4) Page 3, Line 5 add word "or" instead of "and." Page 3, Line 6 strike words "on whose behalf funds have been paid" and put a period after the word City. V/M Massaro asked Mr. Birken if on Line 1, Page 4 an title is needed and Mr. Birken said yes. V/M Massaro questioned Mr. Birken as to whether "and equipment" should be after"Recreation" Facilities"and Mr. Birken said fine. Page 4, Line 3, after word"excavation"put a comma, strike first "and" and put in "and after agricultural purposes. Page 4, Line 9, after word'for',' strike "as parkway" and put in "park or recreational use." Page 4, Line 16 after word"Council, delete "shall" and put "may. " After word "for, add "up to but not in excess of." Page 4, Line 17, take out word "other," Page 4, next line, put a period after"purposes" and take out the words "other than canals." Add sentence, "No credit shall be allowed for canals or drainage waterways." Mr. Birken indicated that he has never done this before and he is very uncomfortable with some of the changes that have been made; when certifying this ordinance, he intends to take out words "and correctness" before signing this. There was a discussion by Council as to changing the wording and Mr. Birken stated that Council might be able to put in language in a manner consistent with a past case and citation of that case after the word "city" on Page 3, Line 6; Mr. Birken also stated that the County has used the same case. Another discussion was held as to adding reference to this case and it was decided to leave the changes stand as they were made. C/M Disraelly MOVED approval of Temporary Ordinance #1742 on second reading as has been amended. V/M Massaro SECONDED the motion. VOTE: ALL VOTED AYE. REPORTS 49. C/W Kelch - NONE C/M Disraelly - Discussed Land Section 7 has being his major concern and hopes something will be forthcoming on that, as he thinks it is most important that Council doesn't let this rest. He mentioned that he received a letter about the fire protection between the County and the City and asked Mr. Birken if it was resolved. Mr. Birken replied that he had received another letter, but the County wants to write the agreement. C/M Disraelly asked if we are covered in the meantime. Mr. Birken said we are covered as far as protection, but doesn't know if the City needs to give 30 days notice under the agreement or not as that is up to Council; the original agreement covers a greater area than we need. -11- November 14, 1980 /pe M 1 Mr. Gross said that we are paying them for Lakes 1 and 2 and at a later date the Fire Chief will evaluate when construction is completed. C/M Disraelly stated that Visual Graphics would complete their beautification in 90 days which was indicated to him in July. Mr. Gross said they have put in the drainage required and they have a contract with Tropical Nurseries; Mr. Gross spoke to Buddy Himber at Tropical and he said it will be done before December. C/M Disraelly said we have received an up -date on September 30th of our investment report and he is concermWd about the $4,000,000.00 in CD's. Mr. Gross indicated that there will be a new one that will be out on Mondav ; Mr. Gross said only $100,000.00 was not in long term investment money. C/M Disraelly indicated that the CD for thffn expires this week and Mr. Gross said we were already able to invest that money at 13.5, part for 30 days and the balance at a higher rate fc=..ADsil_ or -March.... C/M Disraelly discussed the Gas Boy Key Control and asked if they are going to get a report; Mr. Gross said he will have a report by the end of next week. C/M Disraelly feels we could save a great deal of money by using this anu if we can control 50 cars for $2200.00, this will save us money. He said we are now buying all our gas from Gulf and they are delivering it to Utilities West at the same price that we are buying it for the Public Works compound at 93 or 94 cents. However, the important thing is that we were paying this other company retail price for them to deliver. Mr. Gross indicated that the Federal Government would not transfer the allocation from Tamarac Utilities to the City of Tamarac; we are trying to get it changed over and C/M Disraelly indicated that the important thing is that Gulf is giving us all the gas we need at the low price. Mayor Falck mentioned that since Senator Chiles' representative will be here Monday, somebody should discuss this with him and Mr. Gross said he will bring it up to him. Mr. Ed Gross reported that regarding our Code Enforcement, which was transferred over to the Police Department and in the two weeks they have been in operation, they have given out 21 violations and have cleaned up a lot of areas without giving violations and thinks that Sgt. Benis is doing a tremendous job. Mr. Gross cited a recent incident where a truck was illegally parked and after invest- igating, numerous infractions of the law were discovered besides suspecting that the owner of the truck may have been involved in the Williamson gang. He feels this alone makes it worthwhile for Code Enforcement to be under the Police Department. Mr. Ed Gross discussed the antennas on the roof; one was Victor de Sousa's and the other Gene Toll's. Gene Toll did remove his repeater, but the other one has not been removed as they have not received permission from the FCC to put it someplace else. The City has given them until December 12 to remove it, which was the day before yesterday anJ we are in a position where we need the antenna removed; the Police Department -12- November 14, 1980 /pe needs an antenna to help radio transmission in the area. Mr. Gross said he will have to ask Mr. de Sousa to remove the antenna and asked Council if they want to give him two more weeks to remove it. V/M Massaro feels that the FCC will probably give permission shortly and perhaps we could give them these last two weeks and then they must relocate it. Mayor Falck indicated that he does not see any objection to -delaying it until the next Council meeting on December 2nd. Mr. Gross said he will send a letter out immediately telling them it must be taken down. V/M Massaro discussed the County Commission meeting on Tuesday and that she would like the Mayor to be there and any other member of Council that would like to go. She would like to go and find out what the moratorium would do to the various cities. Mayor Falck said he had received a lengthy telephone call from the West Section indicating they were going to do a report in depth on expenses which have to be documented. The Mayor said we do have a control on expenses on the outside where if Council goes on some sort of City business, it is known and consent must be given. Relating to this, the Mayor indicated that he wants to go to Tampa next Thursday regarding meeting about Pension Plans and while our actuaries prepare or check information, these filings actually must be done by the city and there are still a lot of thing we have to do in order to conform. The Seminar is sponsored by the State in Tampa on the total pension program at which time the newly established board will be discussed and new rules, regulations and procedures will be presented to the members. Mayor Falck said he did receive an invitation to attend and the approximate expenses would be $125.00 or $130.00. 54. Authorization for Mayor to attend pension seminar in Tampa on Thursday - Discussion and possible action. SYNOPSIS OF ACTION: Approved. V/M Massaro MOVED that the item be agendized on permission for the Mayor to attend the Pension Seminar in Tampa. C/M Disraelly SECONDED the motion. VOTE: ALL VOTED ,AYE. Mr. Gross asked if Council would have any objection to sending Mrs.Liz Jara over there also, as she is on the Pension Board. V/M Massaro indicated that she didn't think this was necessary, as the Mayor can convey any information that he receives. C/M Disraelly MOVED approval. of Mayor to attend the conference next Thursday in Tampa for purposes of the pension seminar. C/W Kelch SECONDED the motion. VOTE: ALL VOTED AYE. -13- November 14, 1980 /pe Mayor Falck adjorned the meeting at 12:00 P.M. ATTEST: ASSISTANT CITY CLERK This public document was promulgated at a cost of $116.03, or $5.94 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 COUNCIL ON z A/ -14 November 14, 1980 /pe