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HomeMy WebLinkAbout1985-01-09 - City Commission Regular Meeting Minutesti by u n P.C. BOX 25010 TAMARAC, FLORIDA 33320 FIRST CLASS MAIL CITY OF TAMARAC CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY. JANUARY 9. 1985 CALL TO ORDER: 9:00 A.M. ANNOUNCEMENTS OF TIME ALLOCATIONS - MOTIONS TO TABLE - The Chair at this time will announce those items which have been given a specific time to be heard, and will entertain motions from Council members to table those items which require research. Council may agendize by majority consent matters of an urgent nature which have come to Council's attention after publication. PRESENTATIONS 1/ y/ t5J pg 1/ 1. Presentation by Broward County Commissioner Ed Kennedy (this Presentation item is scheduled to be heard approximately 11:30 A.M.) iven BOARDS AND COMMITTEES 2. Planning Commission - Temp. Reso. #3415 - Discussion and pos- sible action to appoint one (1) alternate member (tabled from 12/12/84). 3. Board of Adjustment - Temp. Reso. #3414 - Discussion and pos- sible action to appoint one (1) alternate member (tabled from 11/28/84). 4. Burglar Alarm Review Committee - Temp. Reso. #3457 - Dis- cussion and possible action to appoint one (1) member. 1/9/85 pg 1 TABLED 1/9/85 pg 1 TABLED /9/85 pg 3 PPROVED _ g - Temp. _ . #3436 — Discussion and pos- /9/85 pg 3 5. Welcoming Committee Tem Reso sible action to appoint one (1) member (tabled from 12/12/84). PPROVED 6. Charter Review Board - Announcement of vacancies existing on /9/85 pg 3 this board, knnouncement made If anyone is interested in serving on the above board, please contact the City Clerk's office for an application. CONSENT AGENDA 7. Items listed under Item #7, Consent Agenda, are viewed to be /9/85 pg 3,4, routine and the recommendation will be enacted by one motion g'7'. in the form listed below. If discussion is desired, then the a) through d) item(s) will be removed from the Consent Agenda and will be and g)and h) considered separately. APPROVED. e)REMOVED from a) Minutes of 11/14/84 - Regular Meeting - Approval re- agenda commended by City Clerk. f)REMOVED and APPROVED b) Minutes of 11/28/84 - Regular Meeting - Approval re- commended by City Clerk. c) Alan F. Ruf - Consulting City Attorney - 1/3/85 - $1,614.00 - Approval recommended by City Attorney. 16000 d) Richard S. Rubin - Consultant City Planner - Services for December, 1984 - $3,526.25 - Approval recommended by City Manager. e) Miller & Meier & Associates, Inc. - Architectural Services for Municipal Facilities - 11/1/84 - $50,770.20 - Approval recommended by City Attorney. f) Authorization to procure for Utilities West, under State contract, three (3) economy Nissan pick-up trucks in the amount of $4,982.25 each with funds to come from Renewal and Replacement Account 428-366-536-640 entitled Vehicles. g) Approval to pay the following invoices in connection with the Pension Plan as recommended by the Pension Board: 1) Florida National Bank - Jacksonville - 1/84 through 9/84- $3,606.31. 2) Kruse, O'Connor and Ling, Inc. Various professional services during 1984 - $980.00 3) The Investment Counsel Company - Services for 10/1/84 through 12/31/84 - $2,651.89 h) Tamarac Gateway Beautification Project - Florida Turnpike Exit 20 - Approval that $7,000.00 from line item account number 001-872-581-901 of the budget named Contingency be transferred to line item account number 001-130-519-535 named Public Works - Beautification. The balance in the account from which the monies are transferred was $396,000.00 prior to the transfer and $389,000.00 subse- quent to the transfer. The amount of money in the account to which the monies are to be transferred was $4,699.00 prior to the transfer and $11,699.00 subsequent to the transfer. GENERAL ADMINISTRATIVE/FINANCIAL 1/9/85 pg 4,5 8. Bid Awards - Public Works Department - Discussion and possible a) b) & c) action on awarding bids for the following: APPROVFn a) One disc and drum brake lathe - Temp. Reso. #3458 7eao- /fi.5 . _ b) One vehicle lift Temp. Reso. #3459 eagendized & c) Automatic engine controls (8) - Temp. Reso. #3460 - kPPROVED with orrection 9. Bid Award - Efficiency Study - Temp. Reso. #3461 - Discussion 5 pg 5 and possible action to award a bid to perform an efficiency APPROVED study. 10. Confidential, Supervisory and Executive Management - Pay and 1/9/85 pg 5,6 Benefit Packa_e - Temp. Reso. #3469 - Discussion and possible APPROVED sub - action to approve this plan for these employees. ject to remov-- ing City Atty 11. Sister City Project - Discussion and possible action (requested from 2acka&e by C/M Stelzer). pg 6,7 Report given 12. Broward League of Cities Business -- Discussion and possible �Blumfiel action. pg 7 Mayor Kravitz LEGAL AFFAIRS gavereport 13. Traffic Engineering Services - Temp. Reso. #3462 - Discussion 1/9/85 pg 10. and possible action to approve execution of a revised Agreement 11 APPROVED with Broward County for these functions within the City. 14. Fire Aid Agreement - Temp. Reso. #3463 - Discussion and pos-- 1/9/85 pg 11 sible action to approve execution of a revised Consolidated APPROVED Mutual Fire, Rescue, Emergency or Disaster Interlocal Agree- ment with various cities in Broward County. PAGE THREE 15. FP&L Phoenix Substation - Discussion and possible action on: 1/9/85 2 a) Authorization for the appropriate City officials to pg accept an Assignment of Deed Restrictions on this property TABLED from Leadership Housing, Inc. - Tem . Reso. #3329 b) Authorization for the appropriate City officials to execute a Release of Deed Restrictions placed on this property by Leadership Housing, Inc. - Temp. Reso. #3330 /9/85 9,10 (tabled from 12/27/84) pg �ABLEDuntil, a 16. Oasis Lounge at_3 Lakes Plaza - Discussion and possible action study of hours on a request to provide for the extension of the hours of of operation operation beyond 2:00 A.M. (tabled from 12/27/84) in surrounding cities is 17. Municipal Complex - Status Report on general obligation bonds. resented. Discussion and possible action. 5 pg 11, g 12. City - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Atty gave re- ort. PUBLIC HEARINGS - 2:00 P.M. 1/9/85 pg 18-20 &b)REMOVED from 18. Tamarac Utilities West - Discussion and possible action on the agenda.c)&d) following wastewater projects, partial funding of which may be TABLED to 2/19/8,1 eligible for federal or state grant monies, for use in the Pub 'Ifear not nec; amendment of the Broward County 201 Facilities Plan: 2/19/85 pg 1-3 a) McNab Road Interceptor Recessed to 2/20 b) Turnpike Force Main 9 a.m. 2/20/85 - c) Wastewater Treatment Plant Upgrade pg 1-10 Pub.Hear d) Sludge Processing (held APPROVED IT emp. Reso J518-.._ .. 19. Tamarac Utilities East - CollectionSystem Study for Tamarac w/amend.to Brwd Lakes Sanitary Sewer - Temp. Reso. #3465 - Discussion and pos- Cty 201 Facil. Plan Update for sible action to establish an estimated monthlycharge for g Wastewater & SId� operation and maintenance of the system and estimated monthly Disposal Systems, charge to a typical residential customer in order to seek a ]-/9/R5 pg 2n, 21 Small Cities Grant. APPROVED no rate change. 20. Sidney Lefcourt and W. James Orovitz - Special Exception Pg , Petition #31-Z-84 - Temp. Reso. #3464 - Discussion and possibl Pg 22,23,24 action to grant a Special Exception to allow construction of a APPROVED with 180-unit nursing home in a B-1 (Planned Business) zoning conditions district on lands located on the west side of NW 79 Avenue approximately 585-feet north of NW 57 Street (south of Edge- water Village and east of Mainlands 11). COMMUNITY DEVELOPMENT 21. Tamarac Nursing Center - Discussion and possible action on a 1/9/85 pg 16, request for waiver of seawalls in accordance with Code Section pg 24,25. 24-30(c) (to be located on the west side of NW 79 Avenue Discussion approximately 585-feet north of NW 57 Street). held.Seawalls not required 22. Mainlands Section 13 (Sunset Isle) - Revised Site Plan - Temp. 1/9/85 pg 16 Reso. #3466 - Discussion and possible action on a revised site APPROVED with plan to reflect conversion of the barbeque pit to a storage conditions room. 23. Kings Point Professional Reso. #3468 - Discussion plan reflecting a canopy Complex - Revised Site P and possible action on a over the entrance to the an - Temp. revised site Clubhouse. 24. Northwood II - Model Sales Facility - Discussion and possible action to renew a model sales permit and waiver of the 300- foot distance requirement for certificates of occupancy. 1/9/85 pg 16, pg 17. APPROVE subject to all prior condit is remain in effect. 1/9/85 pg 12 APPROVED permit for 6 months PAGE FOUR 25. Woodmont Tracts 74/75 - Discussion and possible action on: 1/9/85 pg 1, a) Site Plans 1 and 3 - Renewal of model sales permit g 13 b) Site Plan 2: b)1) TABLED to 1) Calling of a performance bond posted for public improve 1/23/85.b)2) ments - Temp. Reso. #3467 APPROVED 2) Renewal of the model sales permit and waiver of the 1/16/85 pg 2 300-foot distance requirement for certificates of a)APPROVED re - occupancy. newal for 6 mos REPORTS 1/9/85 pg 13, 26. City Council pg 14,15 27. City Manager 28. City Attorney PUBLIC HEARINGS - 9:30 A.M. - Wednesday, January 16, 1985 - Reconvened Meeting 29. City Council Salaries - Temp. Ord. #1153 - Discussion and pos- sible action on a proposed amendment to Charter Section 4.04 regarding Council salaries. Second Reading. 30. Lease Purchase Agreements - Temp. Ord. #1164 - Discussion and possible action on a proposed amendment to Charter Section 7.13 to exclude these agreements from requiring voter approval. Second Reading. 1/9/85 pg 13 1/9/85 pg 13 1/16/85 pg 1,2 REMOVED from agenda.Public hearing cancel] 1/16/85 pg 2,3, pg 4,5. APPROVI as amended - second reading 31. Redistricting - Temp. Ord. #1165 - Discussion and possible /16/85 pg 5 action to amend Section 2--10 of the Code to remove theAPPROVED- requirement that the report by the Redistricting Committee be second readin adopted by the City Council by ordinance. Second Reading. City Council may consider and act upon such other business as may come before it. Pursuant to Section 286.0105, Florida Statutes, if a person decides to appeal any decision made by the City Council with respect to any matter considered at such meeting or hearing, he may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is based. CITY OF TAMARAC 6eo�) )eo� Carol E. Barbuto Assistant City Clerk Following are the residential and commercial zoning districts in the City: R-1 - Single Family Residence B-2 - Planned Community Business R-IB & B-3 - General Business R-lC - One -Family Dwelling B-5 - Limited Business District R-2 - Two -Family Dwelling B-6 - Business District RD-7 - Two -Family Dwelling S-1 - Open Space/Recreational R-3U - Row House I-1 - Institutional R-3 - Low Density Multiple Dwelling M-1 - Light Industrial RM-5 - Residential Multi -Family M-2 - Medium Industrial Dwelling A-1 - Limited Agricultural RM-10 - Planned Apartment A-5 - Agricultural/Excavation R-4A - Planned Apartment T-1 - Trailer Park District R-5 - Motel/Hotel B-1 - Neighborhood Business PAGE FIVE LEGAL AFFAIRS 32. Repeal of Resolution 84-406 Concerning Excess Plant Capacity - Temp. Reso. #3 70 --Discussion and possible action. (Agendized by consent) 33. CH2M Hill A reement - Discussion and possible action (Age ndized by consent) 1/9/85 pg 2,7, pg8.APPROVED 1/9/85 pg 2,8 APPROVED 34. Repair of Slud e Hauling Truck - Discussion and possible 1/9/85 pg 2,9 action. (Agendized by consent) APPROVED with payment from P & R Acct. COMMUNITY DEVELOPMENT 35. Cinnamon Tree - Site. Plan - Discussion and possible action. (Agendized By consent) 1/9/85 pg 2,9 Pg 25 TABLED to ! 1/ 16/ 85 1/16/85 pg 5, pg 6,7 a) and b) APPROVED with conditions c) d) e) and f) APPROVED CITY OF TAMARAC, FLORIDA REGULAR CITY COUNCIL MEETING January 9, 1985 Tape 1 CALL TO ORD,E: Mayor Philip B. Kravitz called the meeting to order on Wednesday, January 9, 1985, at 9:00 A.M. in the Council Chambers. ".1 1-T Mayor Philip B. Kravitz Vice Mayor Sydney M. Stein Councilman Jack Stelzer Councilman Raymond J. Munitz Councilman Allan C. Bernstein Elly F. Johnson, City Manager Jon M. Henning, City Attorney Marilyn Bertholf, City Clerk Joann Colwell, Secretary, A.M. Patricia Marcurio, Secretary, P.M. MEDITATIONE N : Mayor Kravitz called for a Moment of Silent Meditation followed by the Pledge of Allegiance. 3, - --eMP. Reso. 4-414 - Discussion and possible action to appoint one (1) alternate member (tabled from 11/28/84). ACTION: TABLED at the request of the Chairman. Mayor Kravitz said the Chairman asked that this item be TABLED and C/M Munitz so MOVED, SECONDED by V/M Stein. 2. - - Discussion and possible action to appoint one (1) alternate member (tabled from 12/12/84). SYNOPSIS OF ACTION: TABLED for review of applications. V/M Stein said the applications should be reviewed further and he MOVED TABLING this item for that purpose, SECONDED by C/M Munitz. 25. Woodmont Tracts_74/7- - Discussion and possible action on: a) Site Plan 1 and 3 - Renewal of model sales permit. b) Site Plan 2: 1) Calling of a performance bond posted for public improve- ments - 2) Renewal of the model sales permit and waiver of the 300- foot distance requirement for certificates of occupancy. ACTION: TABLED b 1) portion of this Item. C/M Stelzer said Council has been asked to TABLE the b 1) portion of this item and he so MOVED, SECONDED by V/M Stein. 1 1/9/85 /pm 15. ERU phanix Substation - Discussion and possible action on: a) Authorization for the appropriate City officials to accept an Assignment of Deed Restrictions on this property from Leader- ship Housing, Inc. - .T_emp.__Reso._ #3329 b) Authorization for the appropriate City officials to execute a Release of Deed Restrictions placed on this property by Leadership Housing, Inc. - gyp._ Reso. #3330 (tabled from 12/27/84) C/M Stelzer said Council has been asked to TABLE this item and he so MOVED, SECONDED by C/M Munitz. 32. - Temp. _Reso._#3470 -- Discussion and possible action. SYNQP$ S OF ACTION: Agendized by Consent. (See Pages 7 & 8). C/M Stelzer MOVED to Agendize by Consent discussion and possible action concerning excess plant capacity with Broward County, SECOND- ED by C/M Munitz. • 1 • 0 , . 33. CH2M_Hlll_Agreement -- Discussion and possible action. SYNOPSIS ,,QE ACTION: Agendized by Consent. (See Page 8). City Manager Johnson requested Council Agendize by Consent dis- cussion and possible action concerning the City's agreement with CH2M Hill. C/M Stelzer so. MOVED, SECONDED by V/M Stein. 34. - Discussion and possible action. Agendized by Consent. (See Page 9). C/M Stelzer MOVED to Agendize by Consent authorization to repair a Ford tractor, SECONDED by C/M Munitz. 35. Cinnamon Tree - $-ite_Plan - Discussion and possible action. SYNOPSIS OFMIME: Agendized by Consent. (See Pages 9, 35 & 36). V/M Stein said at the request of the City Planner, he MOVED to Agendize by Consent the Site Plan for Cinnamon Tree, SECONDED by C/M Stelzer. 0 1/9/85 /pm V 4. Burglar Affirm Review,Committ_ee - Temp, Reso_._43452 - Discussion and possible action to appoint one (1) member. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-85-1 PASSED. appointing Oscar Brawer to this committee for a term to expire in May, 1985. City Attorney Henning read Temp. Reso,..1,3457 by title. C/M Stelzer said Council has a letter from Al Robbins, Chairman of the Burglar Alarm Review Committee, recommending the appointment of Oscar Brawer and he so MOVED, SECONDED by C/M Bernstein. 5. y_elcjQming Committee - - Discussion and possible action to appoint one (1) member (tabled from 12/12/84) SYNOPSIS OF ACTION: APPROVED appointing Freema Katz to this committee for a term to expire in May, 1985. RESOLUTION NO. R-8511-2 PASSED. City Attorney Henning read.TeMp. B4so. #3436 by title. C/M Munitz said Council has a memo from the Chairman of the Welcom- ing Committee recommending the appointment of Freema Katz and he so MOVED, SECONDED by C/M Stelzer. VOTE: ALL 6. Charter RCview Board -- Announcement of vacancies existing on this board. SYNOPSIS OF ACTION: Announcement was made. Mayor Kravitz announced that there are vacancies existing on this board and urged interested parties to contact the City Clerk's office for applications. �Slo� mwj oi � 1.: 7. a) Minutes of 11/14/84 - Regular Meeting -- Approval recommended by City Clerk. b) Minutes of 11/28/84 - Regular Meeting - Approval recommended by City Clerk. c) Alan F. Ruf - Consulting City Attorney - 1/3/85 - $1,614.00 - Approval recommended by City Attorney. d) Richard S. Rubin - Consultant City Planner - Services for December, 1984 - $3,526.25 -- Approval recommended by City Manager. e) Miller & Meier & Associates, Inc. - Architectural Services for Municipal Facilities - 11/1/84 - $50,770.20 -- Approval recommended by City Attorney. f) Authorization to procure for Utilities west, under State contract, three (3) economy Nissan pick-up trucks in the amount of $4,982.25 each with funds to come from Renewal and Replacement Account 428-366-536-640 entitled Vehicles. g) Approval to pay the following invoices in connection with the Pension Plan as recommended by the Pension Board: 1) Florida National Bank - Jacksonville - 1/84 through 9/84 -- $3,606.31. 2) Kruse, O'Connor and Ling, Inc. -- Various professional services during 1984 -- $980.00 3 1/9/85 /pm 3) The Investment Counsel Company - Services for 10/1/84 through 12/31/84-$2,651.89 h) Tamarac Gateway Beautification Project - Florida Turnpike Exit 20 - Approval that $7,000.00 from line item account number 001-872-581--901 of the budget named. Contingency be transferred to line item account number 001-130--519-535 named Public Works - Beautification. The balance in the account from which the monies are transferred was $396,000.00 prior to the transfer and $389,000.00 subsequent to the transfer. The amount of money in the account to which the monies are to be transferred was $4,699.00 prior to the transfer and $11,699.00 subsequent to the transfer. -SYNOPSIS OF ACTIQN: APPROVED Items a) through d) and g) and h) . e) was held for further discussion (See Page f) was REMOVED and APPROVED. (See Page C/M Bernstein requested Item f) be REMOVED for discussion. City Attorney Henning requested Item e) be REMOVED for discussion. C/M Stelzer MOVED to APPROVE Items a) through d) and g) and h), SECONDED by V/M Stein. YME : ALL YOTED AXE f) C/M Bernstein said the proposed procurement is for Japanese trucks and he questioned why the City does not purchase American trucks. City Manager Johnson said the City has been buying economy trucks for some time and they are purchased under the State Bid. He said the full-size pickup trucks are more expensive. V/M Stein MOVED to APPROVE Item f), SECONDED by C/M Stelzer. VOTE: AiT, VOTE12_..AYE e) City Attorney Henning said the balance of the ll/l/84 invoice was approved at a December Council meeting and he requested this item be held for further discussion after he verified this. Council agreed to hold action on this until later in the day. (See Page 8• Bid Awgrda - - Discussion and pos- sible action on awarding bids for the following: a) One disc and drum brake lathe - Temp„ Rpso,#3458 b) One vehicle lift - Temp. Reso.#3459 c) Automatic engine controls (8) - RESOLUTION NO. R-85-3 PASSED. a) APPROVED awarding the bid to RESOLUTION NO. R-85-4 PASSED. R.F.D. Tool & Equipment in the RESOLUTION NO. R-85--5 PASSED. amount of $3,464.00. b) APPROVED awarding the bid to Terry's Auto Supply, Inc. in the amount of $2,995.00. c) APPROVED awarding the bid to Reagan Equipment Co. in the amount of $40,450.00. a) City Attorney Henning read Temps Reso,#3458 by title. 4 1/9/85 /pm C/M Stelzer said Council has received a recommendation from the Public Works Director to accept the bid of R.F.D. Tool & Equipment in the amount of $3,464:00 and he so MOVED. C/M Munitz SECONDED. b) City Attorney Henning read Temp,Reso. #3459 by title. C/M Stelzer said Council has received a recommendation from the Public Works Director to accept the bid of Terry's Auto Supply in the amount of $2,995.00 and he so MOVED. C/M Munitz SECONDED. Vickie Beech, resident, asked if the City Manager studies the bids that are submitted by the department heads and City Manager Johnson said yes. c) City Attorney Henning read. Temp. ResQ.,,_-3460 by title. C/M Stelzer said Council has received a recommendation from the Public Works Director to accept the bid of Reagan Equipment Co. in the amount of $40,450.00 and he so MOVED. C/M Munitz SECONDED. 9. Did Award - Efficiency Study - - Discussion and possible action to award a bid to perform an efficiency study. APPROVED RESOLUTION NO. R-85-13 PASSED. awarding a bid to Cody & Associates in the amount of $10,500.00. City Attorney Henning read Temp, Reso. #3461 by title. City Manager Johnson said approximately bids were received and reviewed for price and expertise and, after a final interview with the top 4 candidates, they recommend Cody & Associates of Lakeland, Florida for the amount of $10,500.00. Mayor Kravitz asked the City Manager if this study is needed and City Manager Johnson said yes. V/M Stein MOVED APPROVAL of Tgffip,_Reso. #3461, SECONDED by C/M Bernstein. C/M Munitz asked if there was a time schedule involved and the City Manager said the limit is up to 90 days. John Lachmann, resident, asked for clarification as to the need for this study. City Manager Johnson said this is a study of all operations of the City including all departments, staff, etc. 10. - Pay and Tep._Reso._�Q - Discussion and possible action to approve this plan far these employees. ,SYNOPSIS QE, CTJON: APPROVED subject to removing the City Manager and City Attorney from the package. RESOLUTION NO. R-85-6 PASSED. City Attorney Henning read TPD9, Re -a. #3469 by title. 5 1/9/85 /pm �/ City Manager Johnson said in the past there has not been a plan for these employees and he recommended that Council approve this. C/M Bernstein asked for clarification of item h) on Page 3 and City Manager Johnson said presently vacation time is accrued at 2 days per month for employees over 15 years, this would give these employees 24 days per year now. V/M Stein suggested that the classifications of City Manager and City Attorney be removed from this Resolution and given a special classification. C/M Munitz referred to.Line 30 which concerns a "City -approved Compensation Plan" and he asked if there is such a thing presently. City Manager Johnson said there is one but he will be returning with additional Resolutions requesting other programs. City Attorney Henning said the law provides for more than one approved plan presently. He said conceivably, it is possible to have more than one compensation plan from which the employees can choose. C/M Munitz said on Page 4, Sections 3 and 4, do not accomplishwhat he would like. C/M Stelzer asked if the City Manager and City Attorney receive any benefits. City Manager Johnson said under the agreement he has with Council, Resolution 84-283, he receives all benefits that all other employees receive. He said it gives him a raise retroactive to 10/l/84 and puts him under the Blue Collar/White Collar workers' contract. V/M Stein said he is trying to put the City Manager and City Attor- ney in a category above the Executive Staff employees and he MOVED APPROVAL of Temp. Re,g4..-#3461, removing the City Manager and City Attorney from this Resolution, SECONDED by C/M Munitz. City Attorney Henning said on Page 3, g) Line 19, "This pro- vision does not apply to City Manager or City Attorney..." should be removed. He said on Page 4, 2 a) and c) should be removed and the remainder relettered. He said Sections 3 and 4 are deleted and Section 5 is renumbered. 11. Sister City Project - Discussion and possible action. (Requestd by C/M Stelzer). Report by Shirley Blumfield, Co -Commissioner of Human Relations. C/M Stelzer said he requested this on behalf of Shirley Blumfield, Co -Commissioner of Human Relations. Shirley.Blumfield, Co -Commissioner of Human Relations, thanked Council for chosing American Jewish Congress as the official tour for the City. She referred to Section 4 of Resolution 84-405 which stated, "Upon the selection of the best package tour, the Sister City Co -Commissioners, together with the Mayor, are hereby author- ized to provide all necessary and desirable help in coordinating all activities to promote participation in the Sister City tour." Mrs. Blumfield said that meeting was held and on 1/3/85, she gave Council a copy of a letter that was sent to Mayor Kravitz from their representative, Claire Mitchel, outlining the items discussed there. She said they have also sent to as many people as possible, a circu- lar relative to the tour. She said the price is $1,670.00 and the tour will take place from 5/15/85 to 5/29/85. She said there is an American Jewish Congress representative in Israel meeting with the Mayor of Kiryat Tivon to arrange 5/19/85 as the Agreement signing date. 6 1/9/85 /pm Mrs. Blumfield said she gave Council a copy of the Agreement that was given to her on 5/19/84 by the Mayor of Kiryat Tivon. She said they will need to send that to the Mayor of Kiryat Tivon for his approval. Mrs. Blumfield said according to the Resolution, "A strong and impressive contingent of citizens lead by the Mayor or, in his absence, a representative selected by the City Council, to best represent the City of Tamarac at any ceremonies that may take place at Kiryat Tivon on the tour." She said Council must decide what will be presented to the people of Kiryat Tivon. She said the Mayor of Kiryat Tivon asked her for a City flag to make a wall hanging for the City of Tamarac to be hung in the new City Hall. C/M Stelzer asked if bus transportation would be provided to the residents from City Hall to the airport and she said yes. 7. Consent Agenda e) Miller & Meier & Associates, Inc. - Architectural Services for Municipal Facilities - ll/l/84 - $50,770.20 - Approval recommended by City Attorney. SYNOPS1„5„ QFACTION: ( See Pages 3 & 4 ) . REMOVED from the Agenda. City Attorney Henning said the November invoice was paid and this is a duplication and he recommended a MOTION to REMOVE this from the Agenda. C/M Munitz so MOVED, SECONDED by C/M Stelzer. VOTE: A"- VOTED- AYE 12. Browaxd_Leegue of Citigs Business - Discussion and possible action. Mayor Kravitz gave a report. Mayor Kravitz announced that the Council had received notice yester- day that there will be a meeting on Thursday, 1/17/85 at Justin's. He said when minutes are received they will be distributed to Council. Temp. Regg. #3420 - Discussion and possible action. Agendized by Consent. (See Page 2). RESOLUTION NO. R-85-14 PASSED. APPROVED Temp_.-_Reso. #3470. City Attorney Henning read Temp. Aso.#3470 by title. Tape 2 Mr. Henning said he received a visit from Linton Lovett, who has been working on the City's negotiations with the County on the 201 Excess Capacity. He said the Council decided a few years ago that the treatment plant would be maintained by the City and Tamarac would not need as much capacity as originally discussed with the County. He said the original numbers were 6.8 mgd (million gallons per day) treatment plant capacity and the City is assigning 4.3 of this 6.8. He said on 12/12/84, Council authorized Assignment Agree- ments to 6 entities by Resolution 84-406. 7 1/9/85 /pm U Mr. Henning said the five listed are Coral Springs, North Lauder- dale, Deerfield Beach, Broadview and Broward County and also North Springs Improvement District has already discussed and negotiated .94 mgd. He said North Springs is being treated differently because their contracts are moving along with a strong committment. He said the City is requesting that the authorization for the other five be withdrawn temporarily. He said Tamarac does want to finalize these agreements, however, the County has raised issues about late and penalty fees and interest payments on the money that the.City has escrowed. He said the City does have the money set aside for these payments that are needed. He said the penalty fees must be resolved before these contracts are approved and there is no late penalty addressed in the contract. Mr. Henning said the County told.Mr. Lovett that they do want some or all of the late fee and they recommend that the purchasers pay the late fee rather than the. City. He said the County would like Tamarac to act as the banker, collect all the money and give them one check. He said until the method of payment and the late fees are resolved, he is asking for a temporary withdrawal of the offers by this Resolution. V/M Stein said it was his understanding that the money the City would get for selling this excess to these cities would pay the County. Mr. Henning said that is correct but there is a question concerning late fees. C/M Bernstein asked if acting on this Resolu- tion will prevent moving the sewer plant to eliminate the odors and Mr. Henning said that has no bearing on this. C/M Stelzer MOVED APPROVAL of Temp_. Reso. #3470, SECONDED by V/M Stein. VOTE: ALL VOTED AYE 33. CH2M Hill Aareement - Discussion and possible action. ySYNORSIS DF_ ANION: Agendized by Consent. (See Page 2). APPROVED. City Manager Johnson said he would recommend Council approve the agreement with CH2M Hill regarding the study related to relocation of the sewer plant and authorize that the funds come from the R & R Account. C/M Bernstein said Council has received many complaints from resi- dents of Concord Village and vacinity concerning the odor. He said the City has spent considerable money in an attempt to minimize the odor problem but have not succeeded in reducing the odor completely. He said the intent of this study is to solve that problem by relocating the plant. City Attorney Henning said there is a letter dated 1/7/85 to CH2M Hill from Bill Greenwood, Utility Director/City Engineer with an acceptance line from the engineers which reads,."This Agreement is a short term Agreement with completion to be done by 2/l/85." He said this Agreement could be APPROVED by MOTION and C/M Bernstein so MOVED, SECONDED by V/M Stein. VOTE: ALL �R„ AYE City Manager Johnson said it was not part of the MOTION, however, he suggested it be noted for the record that these funds will come from the R & R Account. 8 1/9/85 /pm 34. - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. (See Page 2). APPROVED with payment from the Parks and Recreation Account. City Manager Johnson said this is the piece of equipment that hauls the tanker that sludge is hauled in to the sludge farm. He said it is being repaired at the present time and a truck is being rented on a day-to-day basis. He requested Council approve the expenditure of $4,500.06 for repairs and the funds will come from the R & R Account. V/M Stein so MOVED, SECONDED by C/M Munitz. MQTE : E CQMMUNITY, DEMELDPMENT 35. innamon Tree - Site Plan -- Discussion and possible action. Agendized by Consent. (See Pages 2, 35 & 36). TABLED to the Reconvened Meeting on 1/16/85 at the request of the developer. V/M Stein MOVED to TABLE this item at the request of the developer to the Reconvened Meeting on 1/16/85, SECONDED by C/M Stelzer. ME: ALIT VOTED. ,AYE Mayor Kravitz announced that there will be a Reconvened Meeting held on Wednesday, 1/16/85 at 9:30 A.M. to discuss three public hearings as well as Item 35. LEGAL 16. Omis Lounge gt a Lakes PlaZa - Discussion and possible action on a request to provide for the extension of the hours of opera- tion beyond 2:00 A.M. (tabled from 12/27/84). TABLED until the applicant presents a study of hours of operation in surrounding cities. Barry Eden, Attorney for the Petitioner, said his client would like the City to make a study of the surrounding communities concerning the hours of operation for this type of facility. He said his client's patrons leave early and go to other areas that stay open later, causing him a great hardship. C/M Stelzer said he was told someone in the City did make a study and Mr. Henning said Mr. Eden supplied Council with a copy of a study and Mr. Eden said it was not detailed enough to make a deter- mination. C/M Stelzer MOVED that the City Manager be authorized to make this study. The MOTION DIED for lack of a SECOND. V/M Stein said the petitioner should supply the study and Mr. Eden said he has no objection. W 1/9/85 /pm Arthur Gottesman, Chairman of the Planning Commission, suggested Council review the Planning Commission minutes of the meeting at which this item was discussed. He said lounges that are open later often have problems and he objects to having Mr. Eden conduct the survey and suggested an independent source supply this. C/M Munitz said there is no guarantee Council will move forward regardless of the conclusions of the study. City Manager Johnson suggested Mr. Eden formulate his data from the Codes of the other cities. C/M Bernstein said this study should be made by Mr. Eden and he suggested Council have comment from the Police Chief on this subject as well. Bernie Hart, of the Tamarac President's Council, said the City should not get involved in conducting this study. John Lachmann, resident, asked if the County has regulations concerning this and City Attorney Henning replied that the County's regulations apply only to unincorporated areas and the City Code supercedes that. Mr. Lachmann asked if the State has laws regarding this and V/M Stein said according to the. State, an establishment could be open all night. V/M Stein MOVED to TABLE this item until Council receives this report, SECONDED by C/M Munitz, C/M Munitz said when this report is received, Council should con- sider an additional fee for an extension of hours beyond 2:00 A.M. City Attoney Henning said this study should include copies of the pages of the Codes of the cities involved and should address package stores, bars and lounges, restaurants with bars and lounges and any other square footage minimums and maximums involved. 13. - - Discussion and possible action to approve execution of a revised Agreement with Broward County for these functions within the City. SXNQP IS OF ACTION: APPROVED. RESOLUTION NO..R-85-7 PASSED. City Attorney Henning read by title. Mr. Henning said Council received a letter dated 12/11/84 from the General Counsel's office providing the City with a new engineering agreement for traffic engineering. He said the City is under a contractual relationship with the County for traffic engineering. He referred to the last two pages of the old agreement, Section 12, regarding indemnification. He said there was a meeting of many cities regarding whether or not constructive knowledge of defects will be part of the contract. He said the County Commission has agreed to relinquish this requirement. Mr. Henning said he is striking the language regarding "constructive knowledge"; therefore, the City is only required to indemnify or take responsibility for actual knowledge. V/M Stein MOVED to APPROVE Zemp. j3esg, 13462, SECONDED by C/M Stelzer. C/M Bernstein asked if this study will affect the traffic problem on Commercial Boulevard and woodlands Boulevard. City Attorney Henning said this is merely a contract for maintenance, not for studies. He said the Traffic Impact Study that has been discussed in the past has not been awarded as yet. He said this is a revision of an existing traffic engineering maintenance agreement with the County. RE 1/9/85 /pm C/M Bernstein asked when action can be taken concerning Commerical Boulevard and Mr. Henning said twice in the past two years the County has been asked to install a traffic light and the counts were inadequate in the County's opinion. C/M Munitz asked if there should not be an amendment to Temp. Resq_. #3462 indicating a Resolution authorizing the execution of an amended maintenance agreement. Mr. Henning said this is a standard County Traffic Engineering Agreement. 14. Fire_ Aid ,Aargement T=- ResS?„#3463 - Discussion and possible action to approve execution of a revised.Consolidated Mutual Fire, Rescue, Emergency or Disaster Interlocal Agreement with various cities in Broward County. SXNQRSIS OF...,ACTIQN: APPROVED. RESOLUTION NO. R-85-8 PASSED. City Attorney Henning read by title. Mr. Henning said the City has an existing contract with various cities in the County and with the County and this was approved by Resolution 84-31. He said the Fire Chief notified him that there was a request for amendments. He said Broward League of Cities is proposing that the cities contract with the. County so that the County will go out of the fire business. He said if there is an unincorporated area, Tamarac would contract.with the.County to cover the fire service. He said there is a request by the County, how- ever to take over all all fire services. V/M Stein MOVED APPROVAL of , SECONDED by C/M Munitz. Y=: ALL VOTED --AYE 17. Kuaicipa1 Cow ex - Status report on general obligation bonds. Discussion and possible action. SYNOPS119 OF ACTION: City Attorney gave a report. Ground breaking was set for first week in March. City Attorney Henning said he sent Council a memo revising the schedule discussed previously. He said there were additional meet- ings with the experts on the municipal bonds and progress is being made towards marketing the bonds, receiving the money and moving forward. He said at the 1/23/85 Council meeting there should be a significant amount of bond business discussed since at that point there will be more details on the actual sale of the bonds. He said there are various advertising requirements necessary so that bids can be received for the actual purchase. He said it is proposed that the bids be received on 2/13/85 and bond counsel has recommend- ed that the bid opening be in public at the Council meeting. He said, apparently by law, the bids must be awarded the same day. Mr. Henning said he is suggesting the bid opening be on 2/13/85 at the Council meeting at 11:00 A.M., followed by the lunch break and at 1:30 P.M. the award will be made. City Manager Johnson suggested Council consider having the ground breaking ceremony during the first week in March. V/M Stein asked if the public is going to bid on these bonds and Mr. Henning said no, brokers will bid on them. He said they will be in denominations of $5,000.00 or more and will then be sold on secondary markets and traded during the life of the bonds. He said the.Finance Advisor had proposed 20-year bonds and this will be an 8 million dollar issue. 11 1/9/85 /pm i V/M Stein said it would be proper to have the ground breaking during the first week in March so that C/M Stelzer can be present in his capacity as a Council person. C/M Stelzer thanked V/M Stein for this consideration. V/M Stein MOVED to have the ground breaking ceremony during the first week in March, SECONDED by C/M Bernstein. VOTE: ALL VOTED AYE City Manager Johnson suggested that any people interested in pur- chasing bonds should contact their brokers for their benefit as well as that of the City. Steve wood, Finance Director, said in calculating the costs to the consumers of the water and sewer system west, it has become a rea- lity that the actual refunding of the original issue will actually bring the cost of the debt service down and thereby be less of an impact on the residents' rates. He said by refunding the original issue now and issuing additional bonds for the new money at the same time, there will be a savings in issuance cost of approximately half a million dollars. He said the debt service will be less than the sum of the two debt services if the City proceeds with the original parity issue which has impact on the rates. He said the City would be allowed to continue with the 1.1 coverage which would not be allowed under the parity test in the original bond resolution. Mr. Henning said there is a bond issue out on the utility which was floated when the utility was purchased in 1979. He asked if this parity issue would be like a second mortgage and Mr. Wood said it carries the same.security as the original issue but is an extension. Mr. Henning said the 1979 bonds will be retired that were used for the utility and the City will finance the whole package. Mr. Wood said that is right. Vickie Beech, resident, asked if there will be 18 million dollars validated and Mr. Henning said the City Hall complex is 8 million dollars. Mr. Henning said the 15 million dollars was for the re- venue and that was separate. 24. nQxtbwo,Qd II - Mgdp;1 Sl_es_ Fg.Qijity -- Discussion and possible action to renew a model sales permit and waiver of the 300-foot distance requirement for certificates of occupancy. BXNOPSI$ „OFACTION: APPROVED renewal of the model sales permit for 6 months from 1/14/85 and to expire on 7/14/85. City Attorney Henning noted that the fees were paid and V/M Stein MOVED to APPROVE renewal of the model sales permit and waiver of the 300-foot distance requirement for certificates of occupancy, SECOND- ED by C/M Munitz. 12 1/9/85 /pm 25. - Discussion and possible action on: a) Site Plan 1 and 3 - Renewal of model sales permit b) Site Plan 2: 1) Calling of a performance bond posted for public improve- ments -- T-emp,Reso.#3467 2) Renewal of the model sales permit and waiver of the 300- foot distance requirement for certificates of occupancy. a) HELD for later in the day, (See Page 1). b 1) TABLED to the 1/23/85 Council Meeting. b 2) APPROVED to extend the model sales permit to 1/24/85. This will be discussed further at the 1/23/85 Council. Meeting. b 2) V/M Stein questioned whether the performance bond was in default and Mr. Henning said the model sales permit expires on.1/12/85 and this could be extended to the 1/23/85 Council. Meeting. Mr. Henning said an appropriate MOTION would be to extend the model sales permit for Site Plan 2 until 1/24/85 and this will be discuss- ed at the 1/23/85 Council meeting. V/M Stein so MOVED, SECONDED by C/M Stelzer. a) C/M Stelzer noted that expires on 1/12/85. He red until the afternoon remit the payment due. an amount of $65.40 was owed and the permit suggested this portion of the item be defer -- so that the.City Clerk can notify them to 28. City_ Att"We,y...Re -.None. 27. SU.ty Manager .Report - City Manager Johnson asked for clarification concerning. Item 10, etit, ,Ra3ckage. He . said . since he and the -City Attorney -were removed from this contract, are.all benefits except salary.the same as the other employees? V/M Stein.said the benefit package should be put in the form of a Resolution for. Council consideration. • 1I W ;-.. reported on the matter of safety on Commercial Boulevard regarding the intersections at woodlands Boulevard, Banyan Lane and Whiteoak Lane. City Attorney Henning suggested the roads are designed to the best standards that were available at the time of design and an additional traffic study could be done by the County. He said the City is not knowingly allowing any dangerous activity or condition to exist. C/M Bernstein said he would request a Resolution be drafted for the purpose of having the County take remedial action and install a traffic signal. V/M Stein asked the City.Manager to make an appointment with the County Traffic. Engineering Department with the City Attorney and C/M Bernstein in attendance as well. C/M Bernstein said he would agree to that. City Manager Johnson said the City is in the process of selecting a Traffic Engineering firm to do a study for the City and he would like to have this study in hand before conferring with the County. C/M Bernstein said he thought the problem was more acute than that and is peculiar to these particular intersections. 13 1/9/85 /pm C/M Stelzer said 70 Ave. and Commercial Blvd. is a fully -protected crossing with traffic lights and 57 St. and 70 Ave. has full Stop signs; however, there are more accidents at these two intersections than there are at the Woodlands. CZR Munitz said in reference to Item 16, Plaza, which was Tabled, concerning the extension of the hours for the lounge and he noted there might be an additonal fee for extended hours. He said as the study is being made indicating what the neighboring cities are doing concerning extended hours, he suggested information be taken concerning additional fees charged, if any. Mayor Kravitz said the City Manager will check that and give Council a report. The following is a verbatim transcript of C/M_Ste1_z_eg1s Report as he requested: C/M Stelzer: I would like to report that the school road, that is the one that comes from that little stub coming through from Wood- mont, is going to be started in February. And, as soon as that is completed, then the DOT will act on the lights that will be put on at Woodlands Blvd. I believe... Someone from Audience: No, not Woodlands... C/M Stelzer: Woodmont, excuse me. I believe all of the wiring is in and just got to put the heads on. V/M Stein: That is correct. C/M Stelzer: That is one report. And the second report I would like to make on the Tamarac Point. It's a quick run-down. Tamarac Point is a little peninsula that is behind Section 15, Vanguard Village, which had 100 units zoned and they received another 100 units from our reserve and it is called the.Shell property. They paid $100,000. Ron Rubin wanted to build there and he had anticipated putting a low -rental income in and it was thrown out. The restric- tions on there is that it must ... the covenant says it must be an adult community. Now the site plans and everything have been approved by planning and the Council approves everything and when Tamarac Point people started to discuss financing, they found they could get tax-exempt bonds at a lower rate of interest than the conventional financing. However, they would have to open this community to all ages instead of just 16 and over. They went down to a Vanguard Village meeting of December .4th and they made a pre- sentation. George Kontogiannis and the two Moores were down there and they made a big presentation and, at that time, I did not get involved in the presentation. I live there but after the people left I asked how many people were against removing the age restric- tion and out of about 160 people, only 29 people said they objected to having the age restriction lifted. The next day I had 3 people come down to my house and they said the people in Vanguard. Village do not want the age restriction lifted. So I said that I can not take it from 3 people and that they would have to have a meeting where a large representation of people came down. Well, last night there was a large representation. We had over 200 people in the audience and Saul Messenger made a presenta- tion indicating exactly what happened with the site plans and then Iry Disraelly discussed the letter that was distributed by Colonial American Development, who is this George Kontogiannis. And then the people voted unanimously to ask the City Council to not consider... or, ask the City Council to refuse any consideration of reducing the age limit in that particular development.. 19 1/9/85 /pm C/M Stelzer: What my report is for is I want this Council to know that the people in Vanguard Village would not like to see the restriction lifted and they hope that the City is considering any variance request from the developers... taking into consideration that Vanguard does not like it. C/M Munitz: Jack, have we had any such requests? C/M Stelzer: The request has not come in. They have tried to get the people of Vanguard Village to approve of the removal of that restriction and, as long as they are against the restriction from removal, I...they have asked me to bring this message to the City Council. Mayor Kravitz: All right. C/M Stelzer; I have letters that they delivered to all that they delivered to the. Clerk to give me a ... V/M Stein: Verbatim. from the Colonial American Development residents of the City and another one President. I am going to ask the City C/M Stelzer: Verbatim transcripts of these minutes and I want to send that to Jim Brady and to the developers and also distribute that with these letters. I will give you these letters and you can distribute that to all the staff. I have nothing further Mr. Mayor. Mayor Kravitz: All right, Vice Mayor. End of Verbatim Transcript. V/M Ztein reported that the traffic survey is important because there is an assumption that the survey will result in an impact fee on developers towards remedying these problems. He said starting yesterday, when the first site plan was submitted, the City has asked for voluntary contributions to this fund by developers. He said Southern Bell will be depositing a cash amount with the City on the turn near All Saints Lutheran Church property. He said the City did not ask for any contribution from the school and the developer and they already have approval. Mayor KrAgitz reported: 1. He has received a report from the County giving the latest report on the traffic and he is awaiting a reply from the County on that. He said they are considering a traffic light at Commercial Blvd. and Woodlands Blvd. 2. Mayor Kaminsky of Lauderhill addressed.Tamarac at the last meeting with regard to 64 Ave. Since that time, Mayor Kravitz received a letter from the President of Section 8 in Woodlands objecting to that road. He sent a copy of that to Mayor Kaminsky. Mayor Kaminsky told Mayor Kravitz that he felt that he would have to proceed with the road at 64 Ave. Mayor Kravitz suggested that the City Manager and City Attorney meet with the Mayor of Lauderhill and their staff to determine whether this would be of benefit to Tamarac with a report to Council on their conclusions. C/M Bernstein said discussions in the past have determined that this road would be of no value to Tamarac and the residents in that area would prefer to maintain the 50 feet as a buffer on the western boundary of Tamarac. Mayor Kravitz said his suggestion concerning the City Attorney and City Manager meeting with Lauderhill's Mayor and staff still stands. 15 1/9/85 /pm 21. Til msirsic XY� sing Center - Discussion and possible action on a request for waiver of seawalls in accordance with Code Section 24-30(c) to be located on the west side of NW 79 Avenue approx- imately 585 feet north of NW 57 Street (south of Edgewater Village and east of Mainlands 11). ,SYNoPSIS of ,.PCTIQN.: Discussion only. (See Pages 24 & 25). Richard Rubin, Consultant City.Planner, said this is a housekeeping matter. He said City ordinances require seawalls on all protects and, if the City Engineer would recommend another alternative such as sloping the canal bank, this could be granted by Resolution. He said in this case, there is a 1976.Court Order which states that the canal banks shall be sloped on the west side of this site. He said this is requesting approval from Council to waive the seawall for the nursing home. He suggested holding this Item for discussion of Item 20 which requests a Special Exception for the Nursing Home. C/M Bernstein asked Mr. Rubin if sloping.the banks would encourage harmful vegetation growth and. Mr. Rubin said possibly, however, the City has developed a cross section for canal sloping which discour- ages this growth. Mayor Kravitz held action on this.Item until after discussion on Item 20. 22, - TgMp. Reao._ #3466 -- Discussion and possible action on a revised site plan to reflect conversion of the barbeque pit to a storage room. UNOPSIS OF ACJJQN: APPROVED RESOLUTION NO. R-85-11 PASSED. with conditions. City Attorney.Henning read.Temp,RQeQ_._#3466 by title. Mr. Rubin asked the representative of.Mainlands 13 if they plan to put a walkway from the main buildings to the enclosed structure and Dominic Crisci,.Vice-President of. Maintenance,.Section 13, said they do not know if it is necessary but they might put a stepping stone walk for beautification and a screening of shrubbery around the building or.portions of the building that might be required. Mr. Rubin said staff would recommend approval of the enclosing of the barbeque pit to the storage room and to allow the applicant to place a sidewalk in if it is determined to be necessary. C/M Bernstein MOVED APPROVAL with these conditions, SECONDED by V/M Stein. VOTE: 23. -. Reyisgd Site Plan - Teme._Reag. #3.468 - Discussion and possible action on a revised site plan reflecting a canopy over the entrance of the Clubhouse. APPROVED RESOLUTION NO. R-85-12 PASSED. subject to all prior conditions remaining in effect. City Attorney. Henning read,Tgmp, Re -so, #3468 by title. 16 1/9/85 /pm Tape 4 C/M Stelzer conditions V/M Stein. VOTE: MOVED APPROVAL of subject to all prior of approval remaining in effect, SECONDED by Mayor Kravitz recessed the meeting for ten minutes. SYHOPSTS- OF&C2= ; Commissioner Kennedy affirmed his availability to help the Council and residents of Tamarac. Mayor Kravitz welcomed County Commissioner. Kennedy. Commissioner Kennedy.thanked Council and said during his campaign he traveled to each of the 28 cities in Broward_County committing himself to be available if needed for assistance. He said he brought some newly -published brochures of the County with important County telephone numbers. C/M Stelzer said suggested that Tamarac has an ambulance hearing due in February and County help concerning the widening of University Dr. would be appreciated. Commissioner. Kennedy said his staff is sending him information on the ambulance. City Attorney.Henning said the City is petitioning the County for a.Certificate for Nec- essity of Need for an ambulance service. He said Tamarac has met with the Advisory Committee for EMS and there was a split vote 3-2 against the City. He said the Committee's recommendation goes to Floyd Johnson, County Administrator, and then he will make his study and recommendation. He said Mr. Johnson is still in the process of formulating his report which will go to all. Commissioners. Commissioner. Kennedy asked what the rationale against this was and Mr. Henning said the main concern seemed to be from.Medics Ambulance who would otherwise serve the City. He said he hopes to have all the backup to. Commissioner Kennedy before the February hearing date. C/M Bernstein said when the President's Council raised the problem of the listings in the telephone books, half of Tamarac was listed in the Fort Lauderdale area and half in the Pompano Beach area, Commissioner Kennedy solved the problem with everyone in Tamarac listed in both books. He thanked Commissioner Kennedy publicly. Commissioner Kennedy said he is retiring from the Bell System after 29 years on 5/25/85 and will devote full time to County government. Vickie Beech, resident, commended Commissioner Kennedy on his assistance for the City of North Miami Beach when she was Office Manager there. Mayor Kravitz thanked.Commissioner Kennedy on behalf of the Council for his appearance at the meeting. Mayor Kravitz recessed the meeting to_2;00 P.M. for lunch. 17 1/9/85 /pm Tape 5 Mayor Kravitz called the meeting to order at 2:00 P.M. and all were present. 18. Tamarag_. Utilities We -- Discussion and possible action on the following wastewater projects, partial funding of which may be eligible for federal or state grant monies, for use in the amendment of the Broward County 201 Facilities Plan: a) McNab Road Interceptor b) Turnpike Force Main c) Wastewater Treatment Plant Upgrade d) Sludge Processing SYNOESIS O,F..,&CTION: a) and b) REMOVED from the agenda c) and d) TABLED to 2/19/85 Council meeting. Public Hearing was not necessary on this item. a) Bill Greenwood, Utilities Director/City Engineer said there were & four proposed public hearings today for the Tamarac Utilities West b) project and all of these projects are proposed to be funded by D.E.R. and/or E.P.A. He said the public hearings are a requirement of the grant; however, D.E.R. has stated that a public hearing is not required at this particular time on a) McNab Rd. Interceptor. He said that they are relying upon the public hearings that were held for the Broward County 201 Facility Plan, which is a Master Plan for Broward County. He said the same stipulation occurs for b) Turnpike Force Main. He said item c) Wastewater Treatment Plant Upgrade, that is, the deep injection well, and item d) Sludge Processing, have been delayed until 2/19/85 and have been publicly advertised. He said, therefore, all proposed public hearings on this item will not be covered today. C/M Bernstein said the remedial action that has been taken to alle- viate the odor problems has not been satisfactory and he questioned why action is being delayed until.2/19/85. Mayor.Kravitz noted that problem does not concern this item. City Manager Johnson said they have been notified by both D.E.R. and E.P.A. that it is not nec- essary for items a) and b) to have a public hearing and the City has readvertised on Items c) and d). Mr. Henning said for clarification, the E.P.A. is the Environmental Protection Agency, a Federal agency based in Washington and the City deals with a district office in Atlanta. He said the D.E.R. is the Department of Environmental Regulations, a State agency out of Tallahassee and the City deals with a regional office in West Palm Beach. He said he would recommend to Council that they may either remove a) and b) from the agenda and table c) and d) or, if public input is desired, he suggested Council allow staff to make a brief presentation. V/M Stein MOVED to REMOVE Items a) and b) from the agenda, SECONDED by C/M Stelzer. VOTE: c) Mr. Greenwood said as a brief history on the Wastewater Treatment & Plant Upgrade, that project initially was contemplated to be a spray d) irrigation type project. He said because of problems with the Broward County Environmental Quality Control Board, and their re- quirements to line holding ponds on golf courses and also the reten- tion requirement for lining ponds, the project has been changed to a deep injection well. 18 1/9/85 /pm Mr. Greenwood said essentially, a deep injection well consists of a big hole in the ground with a depth of approximately 31400 feet. Mr. Greenwood said the discharge from the sewage treatment plant, after it has been thoroughly treated, will be piped from its existing location to a proposed site on Land Section 7 where the deep injection well will be constructed. He said the treated discharge will go down the 24-inch pipe into a zone classified by the E.P.A. and D.E.R. as the "boulder zone". He said this zone consists of highly fractured limestone rock and is filled with salt water and will take the sewage treatment plant discharge and dispose of it. He said the existing sewage treatment plant would be linked by a large pipeline in between the two. Mr. Greenwood said also associated with the deep injection well is a regulatory requirement that the City must supply 3 days detention storage. He said this storage is required in case of malfunctioning equipment, mechanical, electrical or human. He said the 3 days would require pond areas to be constructed and lined and after the 3 days, the wastewater contained within these ponds would be pumped back to the sewage treatment plant for retreatment. Mayor Kravitz said he will hold the public hearing since there are many residents present and this was advertised as a public hearing. C/M Bernstein asked where the holding ponds mentioned would be located and Mr. Greenwood said the present design criteria is to have them constructed in Land Section 7. Florence Bochenek, Chairperson of the Beautification Committee, asked what the capacity of the ponds would be and Mr. Greenwood said the holding capacity would be approximately 18 million gallons. Dave Silverglide, Vice President of the Isles of Tamarac Homeowners Association, said they would like more information. Mr. Henning said it should be noted that this would be located in the south half of Land Section 7. City Manager Johnson said this is not something that the City wants to do since the City would rather go with spray irrigation; however, it is a Federal and State requirement to dispose of the effluent and the only location left in Tamarac is Land Section 7. Arthur Gottesman, resident, said some months ago the Planning Com- mission and the Council approved an amendment to the Land Use Plan which was to be submitted to Broward County for approval. He said in this plan there were certain areas allocated for certain uses and he questioned if the City has to seek a new Land Use Plan amendment. Mr. Henning said Broward County has not ruled on that plan yet. City Manager Johnson said the City is not asking for anything different than what was asked for originally and this is located in the southeast quarter of the property. John Lachmann, resident, asked why the holding ponds must be lined and Mr. Greenwood said the Broward County Quality Control Board regulations require any ponds used to hold sewage treatment plant discharge must be lined. He said the City tried to get a variance from the B.C.E.Q.C.B. and the variance was denied. He said at that time, with the spray irrigation project, the holding pond area was around 38 acres. He said with the deep injection well system, this is reduced to approximately 8 acres. He said the study that has been done comparing the cost of both methods showed that the deep injection well is more cost effective than spray irrigation. Izzy Teller, Vice President of Concord Village, asked how they can remove the odors. Dr. Bernard Newman, resident, said the plant is overloaded presently and he said a new one is needed. He asked what is meant by the sewage being thoroughly treated. 19 1/9/85 /pm Mr. Greenwood said the current treatment plant is presently designed for 4.9 million gallons per day. He said the proposed capacity of a new plant would be 6.2 million gallons per day to handle the growth that is occurring within Tamarac. He said Tamarac also transmits sewage to Broward County and the treatment plant only treats approximately 4.2 to 4.3 million gallons with excess going to the County. He said the City does not anticipate expanding the existing sewage treatment plant at its existing location in accordance with the comprehensive plan until 1992. Mr. Greenwood said the deep injection well requirement stipulated by the Federal and State governments classifies secondary treatment only for deep injection well. He said no filtration, phosphorous or nitrogen removal is required for deep injection well because it is not going to have an oxygen problem within confined ground water as there would be with surface water. V/M Stein said there will be a complete report from the engineers and the City will decide how much they want to spend. He said the Council is working to remedy the problem for everyone. He MOVED to TABLE the c) and d) portions of this Item to 2/19/85, SECONDED by C/M Bernstein. VOTE: 19. Lakes Sanitary Sewer -- TeMp, Reso. #3465 - Discussion and possible action to establish an estimated monthly charge for operation and maintenance of the system and estimated monthly charge to a typical residential customer in order to seek a Small Cities Grant. : Public Hearing RESOLUTION -NO. R--85-9 PASSED. was held. Temp. Roso. 13465 was APPROVED. There will be no rate change. Mr. Henning read by title. Mike Hermesmeyer, Vice President of Williams, Hatfield & Stoner, said they have been doing the grant work associated with the Tamarac Lakes gravity sewer system. He said there are certain requirements of the Department of Environmental Regulations in order to capture grant funds for partial funding of this project. He said there was a public hearing about 3 months ago and this project has been elevated to the fundable portion of the grants list and this is one more final hearing prior to the grant application being made on behalf of the City. He said the project area covered on this is the Tamarac Lakes section that is currently on septic tanks. He said this project would be to put a gravity sewer collection system in to collect the wastewater in this area and pump it to a regional pump station that pumps the wastewater to the City of Fort. Lauderdale. He said the area affected by this project is basically east of 441. Mr. Hermesmeyer said the project costs are $235,000 of which approximately $125,000 is grant eligible with the remaining $110,000 to be funded by the City. He said in order to determine what to do in the area, they had to look at the cost effective analysis. He said the City basically has a proper septic tank operation which would not cause a major problem. He said there is an area where there is an improper septic tank that goes into the ground water and the wastewater discharge from a house combines with this groundwater and is carried into the surface water. 20 1/9/85 /pm Mr. Hermesmeyer said there could be a septic tank that is basically plugged and needs cleaning. He said the final two could cause health problems and this is why they have investigated installing a sanitary sewer system. He said the alternate to the sanitary sewer would be to go back in eventually with new septic tanks and absorption fields after the existing area plugs up. He said they ran a cost effective analysis both from an environmental standpoint and a costing standpoint and the ranking showed that the way to go was with the sanitary sewer system. Mr. Hermesmeyer said prior to 10/1/84 the residents of the area that were on sewers obtained $7.50 as a flat minimum charge for sewers and on 10/l/84, was decreased to $2.50. He said this is the rate that is proposed even if this project continues. He said the disposal charge for 1,000 gallons of water prior to 10/1/84 was $1.35 and this was decreased to $1.25 per 1,000 gallons and will remain there when this project goes on line. V/M Stein asked Mr. Hermesmeyer to confirm that there would be no change in rates if this project goes on line and Mr. Hermesmeyer said the schedule of rates submitted to D.E.R. to justify this project shows no change in rates. Sam Pizzarello, President of Tamarac Lakes North, thanked Council on behalf of the residents east of 441. Mayor Kravitz closed the public hearing with no further response. V/M Stein MOVED APPROVAL of Temp. Reso. #3465, SECONDED by C/M Bernstein. 20. Petitign - - - _TCMD,, _Reso._ #3464 - Discussion and possible action to grant a Special. Exception to allow construc- tion of a 180-unit nursing home in a B-1 (Planned Business) zoning district on lands located on the west side of NW 79 Avenue approximately 585-feet north of NW 57 Street (south of Edgewater Village and east of Mainlands 11). SXNOPSIS OF ACTION: Public RESOLUTION NO. R-85-10 PASSED. Hearing was held and Temp. Reso,#3446_4. was APPROVED with conditions. Mr. Henning read Temp. Reso.,-,#3464 by title. Richard Rubin, Consultant City Planner, said this is an application by Tamarac Nursing Center to develop a 5-acre parcel on the west side of NW 79 Ave., north of NW 57 St. abutting the existing canal on the north and west side of the parcel. He said from the initial application, the applicant has worked with the City to have a plan that would not only comply with the City Code, but would also provide the maximum amount of security and aesthetics. He said the residents around this area have met with the applicant on several occasions to try to assure that this project would be the best possible. He said several things have assisted the applicant in determining a better product and these are all included on the site plan: 1. Along the west and north property line, the applicant has agreed to build a 5-foot high berm with a 6-foot high hedge on top and a staggered row of trees to buffer the property from the adja- cent homes of Edgewater Village to the north and Section 11 to the west. 21 1/9/85 /pm 2. At the request of the Beautification Committee, the applicant has agreed to provide indigenous landscaping along the canal that would attract native birds to the area. 3. The applicant has agreed to provide a solid wall at the north end of the building and there will be no windows looking north across the canal on the second floor. Mr. Rubin said staff recommends approval for two reasons: 1. The property is zoned B-2 and they believe a nursing home would be one of the most quiet uses with the least amount of traffic. 2. They have complied with staff's requests as included in the drawings as well as his 1/3/85 memo. He said the items that should be included in approval of this pro- ject, all of which were agreed to by the applicant, are as follows: 1. Construction should be in general conformance to the drawings dated 12/28/84. 2. The owners to the west have requested that the air condition compressors be located on the south side of the building instead of the west. 3. The developer should consult with the.Beautification Committee in an effort to maintain a rustic nature of landscape on the south and east sides of the canal bank. 4. The developer should investigate the possibility of extending their 5-foot sidewalk to NW 57 St. (which is approximately 500- feet south of their property). This would allow the people in Edgewater Village and the nursing home to have access to the Post Office and the new shopping area to the south. 5. No windows shall be permitted on the second floor of the build- ing on the north side other than skylights. Jerry Schwartz, Project.Planner for. Healthcare and Retirement Corp., Tape 6 said he reviewed the Planning Commission minutes and agrees with all the stipulations, however, he said one point needed clarification. He said they have no problem with installing a sidewalk along the property that they are purchasing, however, the balance of the property is still in the ownership of Messrs. Orovitz and Lefcourt and they have no plans to develop this property at this time. He said for this.reason, they do not see the necessity for committing to the sidewalk now. Mr. Rubin said the City is asking for the sidewalk to go in the dedicated right-of-way for 79 Avenue, not on private property. He said there is legal right-of-way owned by the City to place a 5-foot sidewalk and the City feels that there is already a need for this sidewalk. Morris Haber, resident, asked if need for a nursing home has to be determined by staff for an installation of this type and Mr. Schwartz said they currently hold a Certificate of Deed from the State of Florida Health and Rehabilitative Services for this fac- ility. He said nursing home beds in.Florida are far below the national average with Broward County having only 11 beds per 1,000 people, therefore, there is a need. C/M Bernstein asked what the traffic flow involved would be and Mr. Rubin said the parking satisfies the.Code requirement and the traffic generated by nursing homes is far less than any other type of commercial use. He said the traffic will enter on 79 Ave. as a result of settlement of a lawsuit. He said the City zoned the property residential and the owner of the property took the City to court to rezone it commercial and the judge ruled in favor of the owner zoning this property commercial. He said the City must work with the developer and, as a result, the City agreed to the following stipulations: 1. that the developer donate the right-of-way for 79 Ave. to serve his property on both sides. 22 1/9/85 /pm 2. the developer must slope the canal bank and provide a greater buffer (this is included on the drawing). Mr. Rubin said about 2 years later, when Edgewater Village was started, he was aware of this dedicated right-of-way and included it in the construction of 79 Ave. as part of the improvements for Edgewater Village. C/M Bernstein referred to a nursing home on Nob Hill Rd. in Sunrise which is comparable in size to this one proposed; however, he said experience has shown that the parking is totally inadequate. He asked in the event that the proposed 77 spaces prove inadequate, where will the cars park. Dan Oyler, representative of Craven & Thompson, said at the rear of the building on the south, there is a roadway that provides approximately 20 spaces. He said this would actually provide approximately 95 paved parking spaces. Mr. Rubin said during the site plan stages, adjacent to the north edge of the parking area, there could be another row of parallel parking that could be used. Mr. Oyler initialled the drawing accordingly. Mayor Kravitz opened the public hearing. Kurt Rosenfeld, Civic Chairman of Fairhaven 11, said the traffic at the corner of NW 79 Ave. and NW 57 St. is bad now due to the post office. He said something should be planned there in order to allow this type of facility. He questioned whether there will be windows facing west towards Fairhaven 11 and he asked if the air conditioning and dumpster facilities will be closer to the west or east. Mr. Rubin said the dumpster enclosure is either inside the building or will be in the service drive on the south end and will not be near the Fairhaven property. He said that could be a condition and he asked that it be included. He said the air conditioners will be included on the south side in the center and will be buffered from the west. He said the first floor of the facility will be totally buffered by the berm and the row of hedges and trees. Mr. Oyler said on the side of the canal, the proposed canal bank will be sloped by City requirements with a 6-foot mound, 5--foot hedge and 15-foot trees every 25 feet. Mr. Rosenfeld said there is a shopping center planned east of this location which will generate more traffic as well. Mr. Rubin said Council has not as yet re- ceived a request for the shopping center that is proposed to go on the 22-acre parcel owned by Mr. Orovitz. He said staff has met with the applicant and they were told that before the final site plan could be reviewed, there would be a traffic study required by an independent traffic engineer to determine the best way to circulate traffic in and out from University Dr. and NW 57 St. V/M Stein said this is zoned commercial by court order and he ques- tioned whether a nursing home would generate less traffic or more traffic. Frank Le Febre, resident of Edgewater Village, read some additions which were agreed to by Mr. Schwartz previously: 1. They will regrade the canal per City Code. 2. Build at least a 6-foot high berm beginning from top of graded canal, 20-feet south of the north property line. 3. Construct a 5-foot high hedge using areca palms 36-inches apart on top of the berm. 4. Plant bishofia shade trees 15-feet high and 20-feet apart stag- gered on the north side of the berm. 5. Extend the guardrail on the new entrance wall from 79 Ave. around the south side to prevent fishermen from entering the site. 6. Post "No Trespassing" and "No Fishing" signs on both sides of the land of Edgewater Village and the nursing home. 7. No windows will be permitted on the north side. 23 1/9/85 /pm /�. 8. Skylights will 9. The landscaping free of debris time plan, be permitted. is to be maintained by the nursing home, kept and growth is to be replaced within a specified Mr. Rubin said all of those items are included on the drawing before Council today with one condition, the City Code does not allow bishofia trees because they are dirty and are.harder to maintain and he suggested.black olive or mahogany trees instead. Homer Surrell, resident of Fairhaven 11, said they feel all of the entrances should be off 79 Ave. and Council said that they will be. Roseann Gogel, Vice.President of Edgewater. Village, said they would lake trees every 20-feet instead of 25-feet because black olive trees are slower growing than the bishofia trees. She said the "No Trespassing" signs are most important to avoid unnecessary traffic. Morris Haber, resident, asked why this nursing home is needed. Carl Alper, resident, said his section was opposed to a shopping center and the court determined that it was a commercial area. He said with the finished landscaping, everyone has withdrawn their opposition. Florence.Bochenek, Chairman of the Beautification Committee, suggested the City have fines for littering since the littering is caused by residents as well as developers. Julia Surrell, resident, agreed that many people are guilty of littering. Mayor Kravitz closed the.public hearing with no further response. V/M Stein MOVED APPROVAL of Temp. Reso. 1346- with all the addi- tions and corrections previously made,.SECONDED by C/M Bernstein. Mr. Rubin asked Council to reference his 1/3/85 memo as part of the conditions of approval. V/M Stein and C/M Bernstein agreed to this. Mr. Henning this issue of need has been raised several times; how- ever, it is not the Council's position to establish whether or not there is a market for this type of facility. He said the first issue is whether or not the property is properly zoned for this business and the other issues of concern are parking, traffic, dumpster location, landscaping, canal sloping, etc. 21. TAB g Nu_rsing Center - Discussion and possible action on a request for waiver of seawalls in accordance with Code. Section 24-30(c) (to be located on the west side of NW 79 Avenue approx- imately 585-feet north of NW 57 Street). ,SYNOPSIS OE ACTION: (See Page 16) . It was determined that seawalls are not required by court order. Sloped canal banks to be designed and constructed according to City regulations. Mayor Kravitz said this is further discussion on this item. V/M Stein said the court has ordered that there be slopes rather than a seawall and the City must concur and he so MOVED, SECONDED by C/M Stelzer. 24 1/9/85 /pm Mr. Henning said for the record, he had this reviewed by Alan Ruf and it is their legal opinion that the specifications set on the site plan satisfy the requirements of the stipulation that was outlined as a result of the lawsuit. 35. 2j_Qfess,i.onal-2jaza - Bite Plan - Discussion and possible action. Agendized by Consent. (See Pages 2 & 9). A presentation was made by the applicant with Council action deferred until the 1/16/85 Reconvened Meeting. The fees were paid for CIAC-$7,650, Drainage Retention - $5,299, Drainage Improvement - $393.51. Dan Oyler, representative of the applicant, said his client is present from Orlando and he requested a presentation be made today with action by Council being deferred to the 1/16/85 Reconvened Meeting. C/M Stelzer MOVED to Agendize by Consent discussion on this item with action deferred to the 1/16/85 Reconvened Meeting, SECONDED by V/M Stein. Mr. Oyler said this three acre site is located on the corner of 57 St. and 88 Ave. for the construction of an office building. He said this is basically a three --story structure; first floor is at - level parking, second and third floors are offices. He said the building is located on the front portion of the property off 88 Ave. with all access being off 57 St. He said they have met with staff several times and this has been approved by the Planning Commission with the Landscape Plans approved by the Beautification Committee with some minor corrections, which they have agreed to. He said the City has installed an asphalt sidewalk on 88 Ave. across 57 St. and one of the conditions was that they will tear that out and replace it with a concrete sidewalk. He said they have agreed to do this; however, to do that, they must grant an easement to the City for the sidewalk. Mr. Oyler said part of the Code requires that a wall be placed along the north property line when it abuts a residentially -zoned piece of property. He said his clients agree they would be willing to bond the wall if the property between City Hall and their property is zoned residential and they will install the wall at that time. He said the Landscaping Plan now requires a row of trees and they have provided all the setback requirements of a 20-foot landscaped area and the wall. V/M Stein asked if there will be anything presented at the 1/16/85 Reconvened Meeting that Council must consider now and Mr. Oyler said no. C/M Bernstein asked if the building is sprinklered and Mr. Oyler said the garage portion is and the other two floors are not but will have smoke detectors. Mr. Oyler submitted checks for the following fees at this meeting: $7,650.00 - CIAC 5,299.00 - Drainage Retention 393.51 - Drainage Improvement 25 1/9/85 /pm V/M Stein MOVED to TABLE action on this item to the 1/16/85 Recon- vened Meeting, SECONDED by C/M Bernstein. Tape 7 VOTE: ALL YOTED AXE Mayor Kravitz recessed the meeting at 3:30 P.M. to the Reconvened Meeting on 1/16/85. P381 M_'U� ATTEST: ASSISTANT CITY CLERK This public document was promulgated at a cost of $324.60 or $10.14 per copy to inform the general public and public officers and employees about recent opinions and considerations by the Council of the City of Tamarac. APPROVED AT MEETING OF City Clerk 26 1/9/85 /pm