HomeMy WebLinkAbout1988-02-10 - City Commission Regular Meeting MinutesP.O BOX 25010
TAMARAC, FLORIDA 33320
1
CITY OF TAMARAC
CITY COUNCIL
REGULAR COUNCIL MEETING
CALL TO ORDER: 7:00 P.M.
ANNQUNCEMENT OF TIME ALLOCATION - mollo-NS 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.
1. PRESENTATION by Mayor Hart'of a proclamation
designating February 8-14, 1988, as "BURN AWARENESS
WEFK".
ACTION:
Proclamation was presented to Ray Briant, Fire Chief.
2. PRESENTATION by Mayor Hart of a proclamation
recognizing the work performed by the Broward County
League of Cities Bicentennial Commission in celebration
of the 200th anniversary of the Constitution of the
United States.
FINAL ACTION_e
Proclamation was presented to Willard Zweig, repre-
sentative of the Broward County League of Cities
Bicentennial Commission.
3. Items listed under Consent Agenda, Item 3, are viewed
Lo be routine and the recommendation will be enacted by
gne_Motion in the form listed below. If discussion is
desired, then the item(s) will be removed from the
Consent Agenda and will be considered separately.
City C1er_'s
a. MOT20N TO APPROVE the mi,,uLes of the City Council
regular meetin- :+i 1/13/88.
FINA'w ACTS:
APPROVED.
Page 1
2/10/88
3. b. MOTIQN TO APPROYE renewal of a model sales permit
and waiver of the 300-foot distance requirement for
issuance of certificates of occupancy for ON THE
GREENS - JASMINE for a six-month period from
2/12/88 to 8/12/88.
FINAL ACTION:
APPROVED.
co approving renewal
of a sign waiver requested by Coldwell Banker for
the COLONY SPRINGS PROFESSIONAL BUILDING for a
temporary ground sign at 8333 West McNab Road for a
one-year period from 2/22/88 to 2/22/89.
FINAL ,ON: RESOLUTION NO. R-88.-25 PASSED.
APPROVED.
d. MOTION -TO -ADOPT Temp. Reso. 04917 declaring the
Water and Sewer Developers Agreement for FAIRWAYS
IV in default due to arrears in guaranteed revenue
and interest payments.
EI NAL A ID-N =
TABLED at the request of the Engineering Department.
e. accepting a
Tamarac Utilities East Electrical Utility Easement
offered by Tamarac Enterprises, Incorporated, which
is required for TUE Pump Station #5E.
RESOLUTION NO. R-88-.26 PASSED.
APPROVED.
f. MOTION TO ADOPT Tema. Reso. #4921 accepting a
Tamarac Utilities West Water and Sewer Utility
Easement offered by DON CARTER LANES OF FLORIDA,
INC., required for improvements to Tamarac Veterans
Park.
FINAL ACT.1.0i RESOLUTION NO. R-88-27 PASSED.
APPROVED.
g. MOTION TO ADOPT Temp. Reso. #4918 releasing
warranty bond #SF00018 in the amount of $17,750.00
posted by Atlantic & Pacific Construction Company,
Inc., for the water distribution system at CALICO
COUNTRY project.
FINAL ACTION: RESOLUTION NO. R-88-28 PASSED.
APPROVED.
h. MOTION TO ADOPT_Temn_._R"o. #4919 releasing two
cash warranty bonds in the amounts of $2,971.80 and
$5,115.38 posted for public improvements at the
EXXON SERVICE STATION at the corner of NW 88 Avenue
and Southgate Boulevard.
FINAL • RESOLUTION NO. R-88-29 PASSED.
APPROVED.
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2/10/88
3. 1. MOTIQN TO APPROVE final payment to SIGA,
INCORPORATED, in the amount of $5,420.85 for
landscaping, irrigation and fencing for TUW Project
87-17, Tract 27, and to ACCEPT the Final Release of
Liens as provided by Siga Incorporated.
P.O. 40811, 40979 and 40963
FINAL ACTION:
APPROVED.
4. OPEN PUBLIC FORO -
to address the City
advance of the item,
the City Clerk.
Any member of the public who wishes
Council at this time must, in
give his/her name and address to
FINAL, ACTION*
Open Public Forum was held. Speakers were Lawrence
Schneider and Arnold Garnelsky and both had concerns
regarding Item 15, Fairfax project, on tonights agenda.
5. City Council
FlNAl_A_CT_1 0
Council authorized the City Attorney to prepare legis-
lation removing the present $50.00 annual filing fee
required for burglar alarm systems from the City Code.
6. City Manager
FINAL ACTIONS '
The City Manager was authorized to send out a flyer at
an approximate cost of $3,000 to inform residents of
the City of the facts behind the referendum concerning
the recreation facility. This will be on the March 8,
1988 ballot.
7. City Attorney - P!o report.
8. on the sewage lift and
pumping stations near the premises of 5005 Bayberry
Lane in the Woodlands.
FINAL ACTION•
TABLED for a report to be submitted to Council after
discussions by the attorney for Dr. Fein and the City
Attorney.
9, appointing as
consulting attorneys the law firm of MORGAN, LEWIS AND
BOCKIUS to represent the City in the pending litigation
Cf ; 1'7 RE! COMARK .
7iKAL 'ZESOT 1]'rION NO. R-88-30 PASSED.
APPROVED for an initial sum in an amount of approxi-
mately $40,000.
Page 3
2/10/88
10. MOTION TO ADOPT_Temp,__$asa. 94928 approving a site plan
and related documents for THE LANDINGS ON CYPRESS
GREENS II.
FINAL ACTION:
TABLED.
11. approving a revised
site plan for LAKES OF CARRIAGE HILLS reflecting
enlargement of the recreation area.
FILL AC,TIM!
APPROVED.
RESOLUTION NO. R-88-31 PASSED.
12. MOTION TO ADOPT Temp, gso,,_0930 extending approval of
a site plan for LAKES OF CARRIAGE HILLS PLAZA.
(to be located at the southeast corner of Rock Island
Road and Bailey Road)
RESOLUTION NO. R-88-32 PASSED.
APPROVED for six (6) months from January 27, 1988.
13. a. MOTION -TO ADOPT Temp._Rezo_. #4925 approving a plat
for PROSPECT PLAZA.
b. MOTION TO ADOPT Temp. Reso. #4924 approving a site
plan and related documents for NATIONAL SAFETY
COUNCIL.
(to be located at the northeast corner of NW 21 Avenue
and Prospect Road)
FINAL ACTION: RESOLUTION NO. R-88-33 PASSED.
a. APPROVED.
b. TABLED.
14. a. MOTION TO ADOPT -Temp, Reso. #4923 approving a plat
for UNIVERSITY MILLION.
b. MQIION TS) ADOPT Temp. Reso. #A9 2 approving a
Development Order for UNIVERSITY MILLION.
(to be located at 7425 N. University Drive)
FTNAL_AC TT ON: RESOLUTION NO. R-88-34 PASSED.
RESOLUTION NO. R-88-35 PASSED.
a & b APPROVED.
15. a. MOTION TO_ADOPT Temp. Re -so, #4926 approving a plat
for FAIRFAX I.
b. MOTION TO ADOPT Temp. -Re -so. 14927 approving a site
plan and related documents for FAIRFAX I.
c. MOTION TOE PROVE the construction of the water and
sewer system for FAIRFAX I prior to plat
recordation pursuant to Section 20-3(b) of the
Code.
(to be located north o" Clairmont and the intersection
of NW 106 Avenue and NW 71 Place)
RESOLUTION NO. R-88-36 PASSED.
a & c APPROVED.
b. TABLED.
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2/10/88
16. approving the Tamarac
Future Land Use Map.
FINAL ACTIOR1
APPROVED.
RESOLUTION NO. R-88-24 PASSED.
"" Finanng Denartmeo
117. a. accepting the
financial statements and auditor's report prepared
by Touche Ross & Company for Fiscal Year Ending
9/30/87 (tabled on 1/27/88).
b. mongN To AUTHORIZE Touche Ross & Company to
perform an examination of Grant Program 753030 as
required by Florida Department of Regulation FAC
17-50 at a cost of $5,000.00.
FINAL ACTION! RESOLUTION NO. R-88-37 PASSED.
a & b APPROVED.
PeraQnnpl Department
18. approving a three-
year contract with The Federation of Public Employees
(FPE) from 10/1/87 through 9/30/90.
E,ZNAL ACTION: RESOLUTION NO. R-88-38 PASSED.
APPROVED.
T
,,JUfJ1itJP.q/FnffJ13eering Department
19, awarding Bid #88•-13
in the amount of $26,850.00 to Utilities Services,
Inc., for construction of s new fuel storage facility
at Fire Station #2, TUW Project 88-32; and to APPROVE
the transfer of $6,000.00 from General Contingency Fund
001-872-589-975 to Fire Station #2 Wellfield Protection
Fund 001-823-522-503 to provide additional funding for
this project.
ACTION!FTNAL RESOLUTION NO. R-88-39 PASSED.
APPROVED as amended.
20. MOTIQN TO ADOPT TeMp. Rego. 94896 requiring non -owners
(renters) to provide the owner's written approval on a
form before water and/or sewer service can be obtained
from the City; this form would have the legal effect of
allowing liens to be placed on property due to the non
payment of fees for water and/or sewer services (tabled
from 1/13/88).
TABLED.
Page 5
2/10/88
* Revised 2/16/88
DRDTNANCES
EUBLl.Q
Community
HEARINGS
Deyelopm.,nt
21. a.
IMMOIL - TO. -ACCEPT Affidavits of Publication and
Posting for Tpmb. Ord. #1377. Petition #1-Z-88
b.
PUBLIC HEARING
on second reading concerning a request by ENRIQUE
WOLF & NAFTALIE REITER, TRUSTEES, to rezone lands
on the north side of Commercial Boulevard between
NW 82 Avenue and NW 84 Terrace from B-1
(Neighborhood Business) to B-2 (Planned Business).
Petition #1-Z-88
FINAL ACTION:
ORDINANCE NO. 0-88-7 PASSED.
a.
ACCEPTED Affidavits.
b.
APPROVED on Second Reading. Public hearing was held.
22. a. Affidavits of Publication, Mailing
and Posting for Teen_ Ord_ ,1378_ Petition #3-Z-88
b.
PUBLIC HEARING - MOTION TO ADOPT Temp. Ord, 11378
on first reading concerning a request by CRAVEN,
THOMPSON & ASSOCIATES, INC., to rezone lands on the
west side of NW 46 Avenue, at the southeast corner
of the LAKES OF CARRIAGE HILLS development, from R-
4A (Planned Apartments) to S-1 (Open
Space/Recreational). Petition #3-Z-88
F.JJNAL ACTION:
a.
ACCEPTED Affidavits.
+� b.
APPROVED on First Reading. Public hearing was held.
Second reading and public hearing will be held
at 10:00 A.M. during the City Council meeting on
February 24, 1988.
Utilities/Engineering Department
23. a. BOTION TO ADOPT Temp,, .Drd. #1179, on first reading to
amend Section 27-35.1 of the Code pertaining to the
State of Florida Wastewater Grant Revenue Generation
System Requirements for DER Grant Project 753030.
b.
MOTION__TO _,APPRD-VE the transfer of $2,081.00 from
Contingency Fund 425-371-589-975 to Grant Project
Replacement Fund 425-371-581--953 to cover the
increase of yearly deposit for grant replacement due
to corrected figures.i.requested by the Florida
Department of Environmental Regulation.
FINAL ACTION!
e a.
APPROVED on First Reading. Second reading and public
hearing will be held at 1D:00 A.M. during the City
Council meeting fln February 24, 1988.
b.
APPROVED.
Page 6
2/10/88
24. mnTIaN TO APPROVE the expenditure of $10,695.80 to
provide for an upgrade capacity to the telephone system
in the new Municipal Complex/City Hall, with funds to
come from the City Hall bonds.
APPROVED.
25. MQTTQN To APPRQYE payment in the amount of $8,400.00
to Land -Tech Engineering, Inc., for proposed annexation
projects. This payment was charged to Account #150-
142-515-310 Community Development Professional
Services.
FINAL ACTION:
APPROVED.
The City Council may consider and act upon such other
business as may come before it.
In the event this agenda must be revised, such revised
copies will be available to the public at the City Council
meeting.
Pursuant to Chapter 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.
0.,�,.
Carol E. Barbuto
City Clerk
Following are the residential and commercial toning districts in the City:
A-1 - Limited Agricultural
A-5 - Agricultural/Excavation
8-1 - Neighborhood Business
8-2 - Planned Community Business
B-3 - General Business
B-5 - Limited Business District
8-6 - Business District
I-1 - Institutional
M-1 - Light Industrial
M-2 - Medium Industrial
R-1 - .Single Family Residence
1
R-1B 8
R-IC -
One Family Dwelling
R-2 -
Two Family Dwelling
R-3 -
Low Density Multiple Dwelling
R-3U -
Row House
R-4A -
Planned Apartment
R-5 -
Motel/Hotel
RD-7 -
Two Family Dwelling
RM-5 -
Residential Multi -Family
Dwelling
RM-10 -
Planned Apartment
S-1 -
Open Space/Recreational
T-1 -
Trailer Park District
Page 7
2/10/88
CITY OF TAMARAC
CITY COUNCIL REGULAR MEETING
WEDNESDAY, FEBRUARY 10, 1988
TAPE 1
CALL TO ORDER: Mayor Hart called this meeting to order on Wednesday,
February 10, 1988, at 7:00 P.M. in the Council Chambers.
MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Hart called for the Pledge
-.af Allegiance followed by a Moment of Silent Meditation.
DV QPMM
CONSENT AGENDA
Mayor Bernard Hart
Vice Mayor Sydney M. Stein
Councilman Bruce Hoffman
Councilman Henry Rohr
Councilman Jack Stelzer
John P. Kelly, City Manager
Richard Doody, City Attorney
Patricia Marcurio, Acting City Clerk
Pauline Walaszek, Special Services
Secretary
3. d. MOTION TO ADOPT Temp. Reso. #4819 declaring the
Water and Sewer Developers Agreement for FAIRWAYS IV in
default due to arrears in guaranteed revenue and interest
payments.
SYNOPSIS OF ACTION:
TABLED at the request of Engineering
Department.
* V/M Stein MOVED to TABLE this Item at the request of the
* Engineering Department, SECONDED by C/M Hoffman.
VOTE:
Community Development
ALL VOTED AYE
10. MOTION TO ADOPT Temp. Reso. #4928 approving a site
plan and related documents for THE LANDINGS ON CYPRESS GREENS
II.
SYNOPSIS OF ACTION:
TABLED.
* V/M Stein MOVED to TABLE this Item, SECONDED by C/M Rohr.
VOTE: ALL VOTED AYE
13. a. MOTION TO ADOPT Tea. Reso. #4925 approving a plat
for PROSPECT PLAZA.
b. MOTION TO ADOPT Temp. Reso. #4924 approving a site
plan and related documents for NATIONAL SAFETY COUNCIL.
(to be located at the northeast corner of NW 21 Avenue and
Prospect Road)
SYNOPSIS OF ACTION:
TABLED b. (SEE PAGE 12 for Final Action
on a.)
Page 1 J
2/10/88
* V/M Stein MOVED to TABLE 13 b., SECONDED by C/M Hoffman.
VOTE:
ALL VOTED AYE
AGENDIZED BY CONSENT
24. MOTION TO APPROVE the expenditure of $10,695.80 to
prove e—Yor an upgrade capacity to the telephone system in
the new Municipal. Complex/City Hall, with funds to come from
the City Hall bonds.
SYNOPSIS OF ACTION:
AGENDIZED BY CONSENT.
(SEE PAGE 23 for Final Action.)
* V/M Stein MOVED to AGENDIZE this Item by Consent, SECONDED by
* C/M Hoffman.
VOTE:
ALL VOTED AYE
25. MOTION TO APPROVE payment in the amount of $8,400.00 to
Land -Tech Engineering, ring, Inc., for proposed annexation projects.
This payment was charged to Account #150-142-51.5-310 Community
Development Professional Services.
SYNOPSIS OF ACTION:
AGENDIZED BY CONSENT.
(SEE PAGE 24 for Final Action.)
* V/M Stein MOVED to AGENDIZE this Item by Consent, SECONDED by
* C/M Hoffman.
VOTE:
INTRODUCTION
ALL VOTED AYE
1. PRESENTATION by Mayor Hart of a proclamation designating
February 8-14, 1988, as "BURN AWARENESS WEEK".
SYNOPSIS OF ACTION:
PRESENTED to Ray Briant, Fire Chief.
Mayor Hart presented a proclamation to Ray Briant, Fire
Chief, designating February 8-14, 1988, as "Burn
Awareness Week" and Chief Briant said this proclamation
was to make the residents of Tamarac aware of the amount
of burn victims in the United States every year. He said
there was a program available for the residents regarding
the awareness of smoke detectors, smoke alarms and the
proper ways of escaping a fire.
2. PRESENTATION by Mayor Hart of a proclamation recognizing the
work performed by the Broward County League of Cities Bicen-
tennial Commission in celebration of the 200th anniversary of
the Constitution of the United States.
SYNOPSIS OF ACTION:
PRESENTED to Willard Zweig, representative
of the Broward County League of Cities
Bicentennial Commission.
Mayor Hart presented the proclamation to Willard Zweig in
recognition of work performed by the Broward County
League of Cities Bicentennial Commission in celebration
of the 200th anniversary of the Constitution of the
United States and Willard Zweig thanked the City and
welcomed everyone to attend presentations at Plantation
Page 2
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2/10/88
High School on March 9-10, 1988. He said there would be
billboards regarding the 200th anniversary of the
Constitution throughout Broward County.
CONSENT AGENDA Item 3, a through i
City Clerk
3. a. MOTION TO APPROVE the minutes of the City Council
regular meeting of 1/13/88.
SYNOPSIS OF ACTION:
APPROVED.
b. MOTION TO APPROVE renewal of a model
and waiver of to 300-foot distance
of certificates of occupancy for ON
for a six-month period from 2/12/88
SYNOPSIS OF ACTION:
APPROVED.
sales permit
requirement for issuance
THE GREENS - JASMINE
to 8/12/88.
C. MOTION TO ADOPT Temp. Reso. #4915 approving renewal
of a sign waiver requested by Coldwell Banker for the COLONY
SPRINGS PROFESSIONAL BUILDING for a temporary ground sign at
8333 West McNab Road for a one-year period from 2/22/88 to
2/22/89.
SYNOPSIS OF ACTION:
APPROVED.
Utilities/Engineering
d. MOTION TO ADOPT
Water and Sewer
default due to
payments.
RESOLUTION NO. R--88-25 - PASSED
Temp._ Reso. #4817 declaring the
Developers Agreement for FAIRWAYS IV in
arrears in guaranteed revenue and interest
SYNOPSIS OF ACTION:
See Page 1.
TABLED at the request of the Engineering
Department
e. MOTION TO ADOPT Temp. Reso. #4920 accepting a
Tamarac Utilities East Electrical Utility Easement offered
by Tamarac Enterprises, Incorporated, which is required
for TUE Pump Station #5E.
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-88-26 - PASSED.
f. MOTION TO ADOPT Temp- Reso. #4921 accepting a
Tamarac Utilities West Water and Sewer Utility Easement
offered by DON CARTER LANES OF FLORIDA, INC., required
for improvements to Tamarac Veterans Park.
SYNOPSIS OF ACTION: RESOLUTION NO. R-88-27 - PASSED.
APPROVED.
g. MOTION TO ADOPT Temp. Reso. #4918 releasing warranty
Bond #SF00018 n the amount of $17,750.00 posted by Atlantic
& Pacific Construction Company, Inc., for the water distri-
bution system at CALICO COUNTRY project.
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-88-28 - PASSED.
Page 3
2/10/88
h. MOTION TO ADOPT Temp. Reso. #4919 releasing
two cash warranty bonds in -the amounts of $2,971.80 and
$5,115.38 posted for public improvements at the EXXON
SERVICE STATION at the corner of NW 88 Avenue and Southgate
Boulevard.
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-88-29 - PASSED.
i. MOTION TO APPROVE final payment to SIGA,
INCORPORATED, in the amount of $5,420.85 for landscaping,
irrigation and fencing for TUW Project 87-17, Tract 27,
and to ACCEPT the Final Release of Liens as provided by
Siga, Incorporated. P.O. 40811, 40979 and 40983.
SYNOPSIS OF ACTION:
APPROVED.
* C/M Hoffman MOVED to
* through i., with the
* SECONDED by C/M Rohr.
VOTE:
OPEN PUBLIC FORUM
4. OPEN PUBLIC FORUM
APPROVE the Consent Agenda, Item 3 a.
exception of d., which was Tabled,
ALL VOTED AYE
Lawrence Schneider, Resident at 6095 Sabal Palm Boulevard
North, asked if the property west of his building number
12, which was zoned B--1 by Resolution in 1984, was being
rezoned to a business zone and, if a new Ordinance was
drafted, or in the process of being drafted, to change
the zone.
City Manager Kelly said the property was not being
considered for rezoning nor was there an Ordinance being
drafted.
Arnold Gamalski, Resident at 10506 E. Clairmont, Kings
Point, had concerns with the developers filing an
Environmental Impact Fee for the property in the Fairfax
Development because there were nesting birds in the area
and Mayor Hart suggested Mr. Gamalski have the question
answered when Item 15 was called.
l4a*I;N*y
5. City Council
C/M Hoffman - No Report.
C/M Rohr - No Report.
V/M Stein said he would like to have the City Attorney draft
a Resolution eliminating the $50.00 annual filing fee for
Burglar Alarms. He said at one time, the alarms were
connected to the Police Department; however, the
connections no longer existed in the City of Tamarac and
the residents were paying for a service that no longer
existed.
City Manager Kelly said he would like Council's approval
to draft the Ordinance or Resolution.
* V/M Stein MOVED to AUTHORIZE the appropriate Staff to draft a
* Resolution or Ordinance eliminating the $50.00 annual filing
fee for Burglar Alarms, SECONDED by C/M Hoffman.
Page 4
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2/10/88
C/M Stelzer said there was a Burglar Alarm Ordinance
presently being revised and the Burglar Alarm Review
Committee should review the entire Ordinance before
changes were made without their knowledge. He said he
would lake to see the Amendments for the Ordinance done
at one time as opposed to sections.
City Attorney Doody said when he began the position of
City Attorney, the Burglar Alarm Ordinance was drafted
and in his office. He said he would include a section in
the Ordinance deleting the $50.00 annual filing fee and
submit it to the appropriate officials for review and, if
there were other changes requested, he would revise the
draft and submit it for Council approval.
Mayor Hart suggested the City Manager and City Attorney
meet with the Burglar Alarm Review Committee and review
the Ordinance for revisions.
C/M Hoffman said the fee was enacted when the service was
connected to City Hall's Police Department; therefore,
the Burglar Alarm Review Committee did not have to
approve the deletion of the fee.
C/M Stelzer had concerns with residents installing alarms
without paying a fee and V/M Stein said the deletion of
the $50.00 fee only pertained to the service charge for a
system that was no longer in City Hall. V/M Stein said a
new system would have to pay an initial connection,
inspection and license fee; however, the fees thereafter
should be deleted.
VOTE: ALL VOTED AYE
C/M Stelzer -- No Report.
-Mayor Hart reported on a letter From the National Arbor Day
Foundation congratulating the City of Tamarac for being
the 1987 Tree City U.S.A. and they would forward the
awards from James B. Harold in the State Foresters Office
with the presentation should be given as a part of the
Arbor Day Ceremony.
6. C_itY Manager
C� Manager Kelm reported that the City was reimbursed by
Waste Management for paper pickup in the amount of
$4,000.00. He said 1-1/2 tons of paper per day was being
received behind the Public Works building.
City Manager Kelly said there were complaints regarding
the Tamarac East parking lot with several burglaries,
boat motors stolen, etc. He said a delegation asked that
fencing, lighting and locks be installed and more police
patrols be assigned. He said the City would have to
decide this year about the future of the parking lot.
City Manager Kelly requested Council's approval to send
out a flyer informing the residents of the Multi -Purpose
Building which would be on the March 8, 1988 ballot. He
said the flyer would encourage the residents to vote for
the project.
* C/M Stelzer MOVED to AUTHORIZE the City Manager to send out
* a flyer with an expenditure of approximately $3,000.00 to
* inform the residents of the importance of the Multi -Purpose
* Building, SECONDED by C/M Hoffman.
Page 5
2/10/88
C/M Rohr asked City Manager Kelly to submit a draft of
the flyer before mailing it.
VOTE:
ALL VOTED AYE
City Manager Kelly thanked the emergency crew which
assisted in the rescue attempt during the accident at the
canal. He said he authorized the Public Works Department
to extend the guardrail at that location. He said there
would be a request submitted by the Public Works
Department regarding new diving equipment. He said at
the scene of the accident, a diver was unable to get into
the vehicle because of the equipment; therefore, to avoid
these problems in the future, new and modern equipment
was needed.
City Manager Kelly announced that Bob Jahn, Chief
Building Official, received the HALF --VAST award at the
previous Building Official 36th Annual Conference.
C/M Stelzer said there would be four-way stop signs
installed at the intersection where the canal accident
occurred.
7. City Attorney - No Report.
CONSIDERATIONS
Utilities/Engineering Department
8. DISCUSSION AND POSSIBLE ACTION on the sewage lift and pumping
stations near the premises of 5005 Bayberry Lane in the Wood-
lands.
SYNOPSIS OF ACTION:
TABLED for report to be submitted to
Council after discussion by the Attorney
for Dr. Fein and the City Attorney.
Bill Greenwood, Director of Utilities/Engineering, said
staff was requesting that the existing sewage lift
station be converted from an above -ground station to a
submersible station. He said the Change Order would be
in the amount of $52,300.00 and the existing station #15,
would be reutilized at the #18 sewage pump station
located along Lagos de Campos Blvd. He said #18 was a
station proposed to be rehabilitated.
Mayor Hart asked if pump station #18 was close to any
buildings and Mr. Greenwood replied, no.
C/M Hoffman asked what the salvage value would be for
station #15 and Mr. Greenwood said approximately
$50,000.00.
C/M Stelzer said this alternative was not listed in the
proposal submitted to Council.
City Manager Kelly said there is a problem with a pumping
station being located in a residential community near a
home. He said the station was on City -owned property;
however, an above ground pumping station in a residential
community was inappropriate and should not be there. He
said in the future, the City would have a policy of not
placing above -ground pumping stations in a residential
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2/10/88
area. He said in trying to resolve the problem,
alternatives were given by the Engineering Department,
which are as follows;
(1) Sink the pump
(2) Lay the vault down to minimize the visual impact
(3) Relocate to a large median further down the street at
a cost of $152, 000.00
City Manager Kelly said the transfer of pump station #15
to pump station #18 would cost the City less. He said
the procedure, at a cost of $52,300.00, would allow a
submersible pump station to be placed on the property and
provide for the collapse. He said the Engineering
Department would be complying with Alternatives (1) and
(2). He said the existing above ground station #15 would
be transferred to pump station #18 at Lagos de Campos
Blvd.
Mayor Hart said the above -ground pump station was not
appropriate in front of Dr. Fein's home. He said the
pump station was 23 feet from Dr. Fein's home and 12 feet
from Mr. Kaplan's home. He said the Sabal Palm 53 foot
median was a possible solution; however, the homes on
each side were 87 to 99 feet to the center. Therefore,
the consideration of the median was not feasible because
the surrounding residents would not approve. He said
after investigating the locations, he found that the
original submerged pump station was installed in 1964
and, in 1972, an Ordinance was passed providing distance
allowances from homes. He said when this Ordinance was
passed, another Ordinance was passed grandfathering in
prior pump stations which were considered non -conforming
uses; thus, allowing the stations in the area. He said
if a new above -ground station was installed it may have
to conform with the present Code. He said when Dr. Fein
purchased the home, an underground pump station was
located there as opposed to the above ground, which is
there now.
C/M Rohr asked if the refurbishing of pump station #18
was proposed and Mr. Greenwood said in accordance with
the 5, 10 and 15 Capital Improvements Projects, the City
had 70 sewage lift and pump stations which were in 20
years vintage and were worn out and slated for
replacements. He said pump station #18 was the next
station to be replaced.
C/M Stelzer asked what would be done at pump station #15
and Mr. Greenwood said the station would be a submersible
station with a cover.
C/M Stelzer asked if the station would be permissible to
Dr. Fein because he had concerns about the statements
made by Dr. Fein regarding suing the City. He said if
the City was going to the expense of moving and
installing a new station, the City should get approval
from Dr. Fein so the City would not be sued. He asked
City Attorney Doody if the City could receive an
Agreement from Dr. Fein and City Attorney Doody suggested
an Agreement be entered into with Dr. Fein and his
Attorney regarding the matter. City Attorney Doody said
the Agreement could allow the City to take actions
regarding the matter and, in return, Dr. Fein and his
Attorney would hold the City Harmless. C/M Stelzer said
an Agreement should be drafted.
i
Page 7
2/10/88
TAPE 2
Mayor Hart asked if the new submersible station would be
built with modern equipment and Mr. Greenwood said the
equipment would be new high energy efficient equipment.
Mayor Hart asked if the cover on the station could be
painted green and Mr. Greenwood said fiberglass
aluminum -stainless steel was used as a cover because it
was less costly for maintenance. He said the structure
could be painted; however, the operations and maintenance
cost would increase.
Mayor Hart asked if the station would comply with the
City's Landscaping Code and Mr. Greenwood said additional
landscaping could be placed there. Mr. Greenwood said
the station presently had one row of bushes around it.
C/M Rohr asked if there would be 50 feet of concrete
placed on top of the station and Mr. Greenwood replied,
yes. C/M Rohr said he would like Dr. Fein and his
Attorney to approve the station before it was completed.
City Attorney Doody said the approval should not be
necessary because the station was on City property and
C/M Rohr said Dr. Fein and his Attorney should be made
aware of the City's intentions.
Dr. Alfred Wald, Resident at Woodlands, submitted
pictures to Council regarding the area. He said he
understood the purpose for this change on the station was
because the stations were old. He said he lived at the
Woodlands for 10 years and there were never any problems
with the sewers.
Dr. Wald said he understands there were repairs needed;
however, the repairs recently were unsightly,
unsatisfactory and in some cases, illegal. He said
originally the stations were underground with the covers
painted green and shrubbery surrounding them. He said
the stations were placed throughout the Woodlands and
were accepted by the residents; however, the present pump
stations were loud, unsightly, noisy and smelly and were
not acceptable to the residents. He said with the
equipment of the stations being made smaller and
unsightly, the residents should not have to be subjected
to a large unsightly station. He said he believes the
City Code, Section 28--34, Paragraph E, Subparagraph 2,
proves the above -ground station in a residential area
illegal. He recommended the above -ground stations be
replaced with underground stations with shrubbery
surrounding them and the area be restored as it was when
the homes were purchased. He said the golf course had a
new pump station which was unsightly; therefore, he
suggested that in the future the City install underground
stations throughout the City.
Mayor Hart returned the pictures to Dr. Wald and said the
landscaping for the pictured pump station was on one
side; therefore, he suggested the pump stations located
near property be completely surrounded by landscaping and
Dr. Wald said the picture was a pump station at Banyon
Lakes.
Dr. Ben Fein, Resident of 5005 Bayberry Lane, Woodlands,
submitted pictures to the Council of the construction for
installation of the submersible pump station #15. He
said he met with members of Council and with City Manager
Ke)].v regarding this matter; however, he wanted to inform
the residents of this matter. He said when he bought his
Page 8
2/10/88
home he did not notice the submerged lift station because
there was no activity from the City at the station. He
said one day he smelled an odor and was informed by a
neighbor of the station; therefore, he placed siding
along his house to prevent the odor. He said he had been
informed of construction that would be done on the lift
station and agreed to the construction because it may
eliminate the odor; however, the construction became a
nuisance and the property was being destroyed by the City
and the Telephone Company. He said an easement was not
supposed to be excessive, which it became.
Dr. Fein said his car radio was stolen and cracks in the
ceiling of his house were caused at the time construction
was being done. He said to bury the stations from the
beginning would not be a problem; however, to construct
an above -ground station was inappropriate. He said when
he began taking pictures of the construction, the crew
threatened to break his camera so the police were called
in and a construction worker was asked to leave because
of the worker's prior police record. He said he moved to
Woodlands to avoid these types of problems.
Dr. Fein said outside windows to his bedroom were
adjacent to the station which caused several sleepless
nights because the machinery was loud. He said he tape
recorded the noise and called the Police Department
several times regarding the noise. He said his property
looked destroyed because of the construction. He said he
continues smelling an odor and, though he can empathize
with the City wanting to save money for the citizens, the
pump station construction was becoming a nuisance causing
his empathy to decrease. 'He said he would like the City
to spend the additional funds to sink the pump station or
place the structure on the median.
Mayor Hart asked City Attorney Doody if the property
where the station is located is owned by the City and
City Attorney Doody replied, yes.
C/M Rohr said he visited pump station #15 recently and
the median which Dr. Fein wanted the station moved to
would create further problems with the residents. He
said the City could not do something to please one
resident if the other residents suffered in consequence.
V/M Stein said the City made a fair offer to Dr. Fein
regarding the replacement of the above --ground station;
however, it would not be in the City's best interest to
comply with the offer unless an Agreement was entered
into by the City with Dr. Fein which would hold the City
harmless. He suggested this Item be Tabled until the
City Attorney could negotiate an Agreement with Dr.
Fein's Attorney based upon burying the station and
replacing the surroundings. He said there was no way to
sink the pump station without equipment and construction
and, if the City did do damage while replacing the
station, Dr. Fein certainly was entitled to have the
property replaced providing there was proof.
* V/M Stein MOVED to TABLE this Item until City Attorney Doody
* and Dr. Fein's Attorney meet and discuss this matter and then
* bring a report back to Council regarding its legality,
* SECONDED by C/M Rohr.
VOTE:
Page 9
ALL VOTED AYE
c./
2/10/88
Mayor Hart asked Dr. Fein's Attorney to meet with City
Attorney Doody regarding this matter and Dr. Fein's
Attorney said that he would.
ORDINANCES
PUBLIC HEARING - 7:30 P.M.
Community Development
21. a. MOTION TO ACCEPT Affidavits of Publication and Posting
for Temp. Ord. #1377. Petition #1--Z-88
b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1377 on second
reading concerning a requestbyWOLF & NAFTALIE
REITER, TRUSTEES, to rezone lands on the north side of
Commercial Boulevard between NW 82 Avenue and NW 84 Terrace
from B--1 (Neighborhood Business) to B-2 (Planned Business) .
Petition #1-Z-88
SYNOPSIS OF ACTION: ORDINANCE NO. 0-88-7 - PASSED
Public Hear g�Held.
a. ACCEPTED
b. APPROVED on second reading.
a. V/M Stein MOVED to ACCEPT Affidavits of Publication and
Posting for Temp. Ord. #1377, SECONDED by C/M Hoffman.
VOTE:
ALL VOTED AYE
b. City Manager Kelly read Temp. Ord. #1377 by title.
Thelma Brown -Porter, City Planner, said this property was
located on the north side of Commercial Boulevard between
NW 82nd Avenue and NW 84th Terrace. She said the
descriptions were Lots 4, 5, 6 and 7 of Lyons Commercial
Subdivision and the B-2 classification was to uniform the
zoning area to allow for B--2. She said the number of
acres were 2.2 and staff recommended approval.
Mayor Hart Opened and Closed the Public Hearing with no
response.
C/M Rohr MOVED to APPROVE Temp Ord. #1377 on second reading,
SECONDED by C/M Hoffman.
VOTE:
ALL VOTED AYE
22. a. MOTION TO ACCEPT Affidavits of Publication, Mailing and
Posting for Temp. Ord. #1378. Petition #3-Z-88
b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1378 on first
reading concerning a request by CRAVEN, THOMPSON &
ASSOCIATES, INC., to rezone lands on the west side of NW
46 Avenue, at the southeast corner of the LAKES OF CARRIAGE
HILLS development, from R-4A (Planned Apartments) to S-1
(Open Space/Recreational). Petition #3-Z-88
SYNOPSIS OF ACTION:
Public Hearing Held.
a. ACCEPTED.
b. APPROVED on first reading.
* a. C/M Rohr MOVED to ACCEPT Affidavits of Publication, Mailing
* and Posting for Temp. Ord. #1378, SECONDED by C/M Hoffman.
VOTE:
Page 10
ALL 'VOTED AYE
1
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2/10/88
b. City Attorney Doody read Temp. Ord. #1378 by title.
Thelma Brown -Porter said staff recommended approval.
Mayor Hart Opened and Closed the Public Hearing with no
response.
* C/M Hoffman MOVED to APPROVE Temp. Ord. #1378 on first reading,
* SECONDED by V/M Stein.
C/M Rohr said the developer would only be enlarging the
recreational space.
VOTE: ALL VOTED AYE
RESOLUTIONS
City Attorney
9. MOTION TO ADOPT Temp. Reso. #4916 appointing as
consulting attorneys the law firm of MORGAN, LEWIS AND
BOCKIUS to represent the City in the pending litigation of
IN RE: COMARK
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO R--88-30 - PASSED.
City Attorney Doody read Temp Reso. #4916 by title.
* V/M Stein MOVED to APPROVE this Item, SECONDED by C/M Rohr.
City Attorney Doody said in 1982 the City was involved in
repurchase agreements with Comark and litigation was
continuing since 1985 in California. He said in
December, 1987, the City appointed Morgan, Lewis and
Bockius to conduct a study regarding the City's rights in
the litigation and the City has been advised by Morgan,
Lewis and Bockius that the City had a chance to win the
litigation. He said Morgan, Lewis and Bockius advised
the City to reject the proposal for settlement;
therefore, Morgan, Lewis and Bockius should be appointed
to represent the City with this litigation in a sum not
to exceed $40,000.00.
Mayor Hart said this matter began in 1982 and this
litigation was the last case from previous Legislators.
C/M Rohr asked how much the value of the case would be
and City Attorney Doody said the City received a
settlement offer of 12% of approximately $1,700,000.00
from Ginnie Mae Securities and Morgan, Lewis and Bockius
recommended the matter be taken to court for a settlement
of approximately $1,700,000.00.
VOTE:
Community Development
ALL VOTED AYE
11. MOTION TO ADOPT Temp. Ord. #4929 approving a revised
site plan o- r LAKES OF CARRIAGE HILLS reflecting enlargement
of the recreation area.
SYNOPSIS OF ACTION: RESOLUTION NO. R-88--31 - PASSED
APPROVED.
City Attorney Doody read Temp. Reso. #4929 by title.
Page 11 /
2/10/88
Thelma Brown -Porter said the project would be increasing
land area size from .0421 acres to .55 acres and staff
recommended this property increase be approved in order
to get a larger setback to the building allowing open
space on the land use map.
* V/M Stein MOVED to APPROVE this Item, SECONDED by C/M Rohr.
C/M Stelzer asked if this item pertained to Item 22 and
Mrs. Brown -Porter replied, yes. C/M Stelzer asked if the
site plan could be approved before the zoning was changed
and Mrs. Brown --Porter said there was no requirement
stating that a recreation parcel, when part of a
condominium, had to be located in S-1. Mrs. Brown -Porter
said the use was permitted in its own district.
VOTE:
ALL VOTED AYE
12. MOTION TO ADOPT Temp. Reso. #4930 extending approval
of a site plan for LAKES OF CARRIAGE HILLS PLAZA.
(to be located at the southeast corner of Rock Island Road
and Bailey Road)
SYNOPSIS OF ACTION: RESOLUTION NO. R-88-32 - PASSED
APPROVED for six (6) months from
January 27, 1988.
City Attorney Doody read TeeT2. Reso. #4930 by title.
* V/M Stein MOVED to APPROVE this Item, SECONDED by C/M Hoffman.
C/M Rohr said this was a request for an extension on the
site plan because the owner was not able to find anyone
willing to develop it. He said the owner did not want to
begin site plan requirements from the beginning;
therefore, he was asking for an extension.
Thelma Brown -Porter said the City could not extend a site
plan for longer than six (6) months.
VOTE:
ALL VOTED AYE
13. a. MOTION TO ADOPT Temp Reso. #4925 approving a plat
for PROSPECT PLAZA.
b. MOTION TO ADOPT Temp. Reso. #4924 approving a site
plan anZ—related documents for NATIONAL SAFETY COUNCIL.
(to be located at the northeast corner of NW 21 Avenue and
Prospect Road)
SYNOPSIS OF ACTION: RESOLUTION NO. R-88-33 -- PASSED
a. APPROVED.
b. TABLED (See Page 1.)
a. City Attorney Doody read Ted_ Reso. #4925 by title.
Thelma Brown -Porter said approval would be for the plat
only and the parcel of property was National Safety
Council. She said staff was recommending approval of the
final plat only. She said staff met with the developer
of the property and the County and the plat was in
compliance with the Code.
* V/M Stein MOVED to APPROVE this Item, SECONDED by C/M Hoffman.
VOTE: ALL VOTED AYE
i
Page 12
1
1
2/10/88
14. a. MOTION TO ADOPT Tem2. Reso. #4923 approving a plat
for UNIVERSITY PAVILION.
b. MOTION TO ADOPT Tem . Reso. #4922 approving a
velo Depment Order for' UNIVERSITY PAVILION.
(to be located at 7425 N. University Drive)
SYNOPSIS OF ACTION: RESOLUTION NO. R-88-34 - PASSED
APPROVED a and b. RESOLUTION NO. R-88-35 - PASSED
a. City Attorney Doody read Temp. Reso. #4922 by title.
Thelma Brown -Porter said this plat was a continuation of
the University Hospital Pavilion site, which was for
offstreet parking and the roadway entering into the new
hospital. She said structure did not contain buildings
and this request was for parking and the roadway only.
She said staff recommended approval.
V/M Stein MOVED to APPROVE this Item, SECONDED by C/M Hoffman.
VOTE:
ALL VOTED AYE
b. City Attorney Doody read Temp. Reso. #4922 by title.
C/M Rohr MOVED to APPROVE this Item, SECONDED by C/M Hoffman.
VOTE:
ALL VOTED AYE
15. a. MOTION TO ADOPT Temp_ Reso. #4926 approving a plat
for FAIRFAX I.
b. MOTION TO ADOPT Temp Reso. #4927 approving a site
plan and related documents for FAIRFAX I.
c. MOTION TO APPROVE the construction of the water and
sewer system for-FAIRFAX I prior to plat recordation pur-
suant to section 20-3(b) of the Code.
(to be located north of Clairmont and the intersection of NW
106 Avenue and NW 71 Place)
SYNOPSIS OF ACTION: RESOLUTION NO. R-88-36 - PASSED.
APPROVED a and c.
TABLED b until the developer meets
with the residents of Clairmont.
a. City Attorney Doody read Temp. Reso. #4926 by title.
Thelma Brown -Porter said this was a continuation of the
Kings Point project. She said the DRC Agenda of Broward
County were reviewed and there was nothing mentioning an
environmental control or protected area for the parcel.
She said staff recommended approval.
* C/M Hoffman MOVED to APPROVE this Item, SECONDED by C/M Rohr.
Joseph Schreiber, Resident at 10504 E. Clairmont Circle,
Kings Point, asked if this would be final approval of the
plat and Mrs. Brown -Porter replied, yes. Mr. Schreiber
asked if the applicant provided an Irrevocable Option
Agreement authorizing the City to purchase any or all
private streets at a cost of $1.00 for a period of at
least 50 years and Mrs. Brown -Porter said all
requirements were met prior to appearing before City
Council.
►--vor Hart asked Mr. Schreiber to ask questions as
opposed to cross-examining the City Planner.
Page 13 t'
2/10/88
A member of the audience asked if the definition of a
plat could be explained and Mrs. Brown -Porter said a plat
was a glorified survey that outlined where the property
lines were and showed all of the easements and the
permanent reference markers in place.
Anthony Gamalski, Resident at 10506 E. Clairmont, Kings
Point, said a through access route from the north to
south end of Fairfax was not on the promotional site plan
and, if there was an emergency, vehicles would not be
able to enter or exit. He asked if discussion or
consideration was had regarding this problem.
Mayor Hart said the City did not approve or disapprove of
the developer's advertising material and Mr. Gamalski
said the City was responsible for the safety of the
Community. Mayor Hart said at this time, discussion was
on the plat and the streets were placed on the plat and
site plan several years ago.
C/M Hoffman said a representative from the Fire
Department was assigned to the Site Plan Review Committee
and, if there were problems with the safety, the
representative would object to the site plan.
TAPE 3
VOTE: ALL VOTED AYE
b. City Attorney Doody read Tem2 Reso. #4927 by title.
* V/M Stein MOVED to APPROVE this Item, SECONDED by C/M Hoffman.
Thelma Brown -Porter said prior to the site plans coming
before the City Council, the plans must go to the Staff
Review Committee which consisted of all the Department
Heads. She said Staff reviews the site plans to insure
compliance of the City Code such as, NFPA (National Fire
Prevention Association), South Florida Building Code and
Drainage. She said when the project appears before the
City Council, signoffs from the necessary Departments
were done to insure the compliance of the Code and
Ordinances. She said staff recommended approval of this
Item and this site plan was in compliance with
Stipulation #9 which governs the Lennar Development,
known as Kings Point.
Joseph Schreiber, Resident at 10504 E. Clairmont, Kings
Point, said he was here on behalf of all the residents of
Clairmont which drafted a petition against Fairfax I and
had 210 signatures from the residents. He said the
problem with the site plan was the road that ran through
Clairmont into Fairfax. He said there were errors made
by the City Council, who served prior to the present
legislative body. He`said Lennar Corporation planned
poorly for this development because of the road.
Mr. Schreiber said there would be two guardhouses located
on the properties causing the Fairfax residents to stop
at both. He said this type of road was not in the best
interest of the health, safety and welfare of the
community because the traffic and noise would be a burden
to everyone living in the area. He said the pool area
was located at a 4 way intersection and was unfair to the
residents.
Page 14
1
1
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2/10/88
1
1
Mr. Schreiber said he realizes the City was bound by a
Court Order; however, the residents were asking Council
to assist in the matter as much as possible. He said the
developer should have a new road for Fairfax coming in
the area of 110th Terrace, which is at the end of
Clairmont and the beginning of Devon. He said the
residents would be living in the area longer than Lennar
Homes; therefore, the residents should have the
opportunity to keep their area safe and comfortable.
V/M Stein said he was glad Mr. Schreiber was aware of the
Court Order; however, the City was very limited to making
decisions about the development. He asked Mr. Schreiber
to explain how the City Council can assist and Mr.
Schreiber said the residents were asking Council to seek
other means for the relief of traffic. He said if the
City agreed to buy the streets for $1.00, they could buy
and created another street eliminating the traffic
through Clairmont.
V/M Stein said it would be illegal to close the street
off and the City could not force the developer to build
new streets; however, the City was willing to help the
residents if they suggested ways that the City would not
be violating the Court Order.
Mr. Schreiber said he spoke with the developer regarding
the traffic and the developer said they were not willing
to bend anyway to change the site plan.
Arnold Gamalski, Resident at 10506 E. Clairmont, Kings
Point, said the City could make sure there was
ingress/egress in the area for emergency vehicles and V/M
Stein said the site plan was approved by the Fire
Department.
Mr. Gamalski suggested the City Council and staff review
the site plan before approving it because there may be
other ways to plan for the roads as opposed to the way it
stands now. He said the residents would appreciate it if
a representative of the Fire Department met with them and
explained the Department's views and the safety this site
plan would provide.
Mayor Hart said before the site plan was presented to the
City Council for review, items had to be reviewed and
approved by the Site Plan Review Committee, which are as
follows:
(1) Development review requirements
(2) Wastewater treatment
(3) Solid waste
(4) Drainage adequacy
(5) Regional transportation (network
(6) Fire protection service
(7) Police protection service
(8) Local parks
(9) School sites, etc.
local streets and roads)
Mr. Gamalski said there was nothing wrong with the City
considering the residents complaints by reviewing the
site plan.
Muriel Brown, Resident at 105360 Clairmont, Kings Point,
said there were 425 residents that would be living in
Clairmont on completion of the development and the
residents were concerned with the entrance way being used
by the additional community. She said another entrance
should be made for the residents of C1air,uunL.
Page 15
9WAM
Mr. Gamalski saiu the:, was a nest of birds in the area
and if the trees were cut down, the birds would also be
gone. He asked if consideration was taken regarding
these birds.
Marty Riefs, Representative of Lennar Homes, said in
1979, Lennar Homes purchased this property and the
development was under a Court and City approved
Stipulation and Master Plan. He said the plat contained
396 streets and the Community was an upscale tax base.for
the City and would increase the value of the surrounding
communities. He said there would be an aquatic center
with an oversized pool and an athletic sports area
containing handball, paddleball and basketball courts.
Mr. Riefs said Lennar Homes was before the City Council
several times and this was the first time the residents'
opposed a development. He said Lennar Homes has always
discussed future developments with the neighboring
residents to arrive at workable solutions for the
residents concerns and this would be done with the
Clairmont residents.
Mr. Riefs said the Clairmont development began in
December, 1986, and, in 1987, the first units moved in
and, as part of the requirements of the State, Lennar
Homes had to provide condominium documents to the
purchasers. He said the documents contained disclosures
that the Clairmont entry would be used for the entry of
Tracts 15A and 15B, which would contain approximately 800
units and the guardhouse, maintenance and security costs
of Clairmont, would be shared by the Fairfax residents..
He said an island was being developed in two
neighborhoods; therefore, Fairfax would contain 396 units
and the other development would contain 400 units. He
said there would not be a paved road connecting both
neighborhoods; however, the City required an emergency
access road be placed in the communities and there would
be.
Mr. Riefs said the Master Plan for Lennar Homes indicated
all of the Tracts in Kings Point and the only access was
on 103rd Street and 106th Street. He said both the
streets were private streets. He said there was no entry
off of Devon unless a bridge was built to provide for an
entrance causing the Clairmont residents to use the Devon
entry.
Mr. Schreiber said he suggested a road be placed at the
end of the Clairmont development to the beginning of
Devon. He said Clairmont would be the only community
experiencing a through street for Fairfax.
Marty Riefs said the roads north and south were installed
in the early 1970's which was not an addition to the
property. He said there was a meeting with Clairmont and
Lennar Homes' Representatives over the weekend and
alternatives were discussed regarding the concerns. He
said the entry would be for 396 units and the
neighborhood to the north would be accessible on the
northside. He said Lennar Homes would review the
possibility of placing a 4-way stop sign by the pool area
with a pedestrian crosswalk painted. He said the entry
of the pool in Clairmont was not a unique structure
because other communities in Tamarac had the same type of
recreation area.
Page 16 /
2/10/88
Mr. Riefs said the residents would not have to stop at
two guardhouses providing there were identification
stickers on the cars. He said there would be no truck
traffic coming from the north road because the road was
private. He said if the residents were concerned about
construction, there were alternatives available such as
having the subcontractors entering from the west at 110th
Terrace. He said when Clairmont was completed, the
contractors would enter at the north entry.
Mayor Hart said the function of the City and the City
Council was to see that all laws, site plans and City
Codes were obeyed. He said the residents had to direct
their concerns to the developer because the City's laws
were being complied with. He suggested the residents
file a complaint with the Florida Department of Land
Sales and Condominiums if they felt their leases were
being violated.
C/M Hoffman asked if there was access on the north side
and Marty Riefs said the private road was there and ended
at the canal. C/M Hoffman asked if the road could be
bridged to make it the sole entry for both neighborhoods
under development and Marty Riefs said at this time, no,
because there was not a paved road and construction was
being done in Clairmont.
C/M Hoffman asked if the flow of traffic could be changed
after completion of the development.
Nick Condorousis, President of the Adult Community
Division for Lennar Homes, said to have an access at
solely one end did not seem feasible or good planning.
He said the island was divided into two developments and
the access was divided to provide access from two
different directions as opposed to one. He said the plan
was designed for safety and traffic flow. He said he
would like to meet with the residents regarding their
concerns; however, because access was established when
the agreements went through the Courts, Lennar Homes
would be unwilling to eliminate the access to Fairfax
because the changing of the access would be a hardship to
Lennar Homes.
V/M Stein said the City Council was well informed about
the rights of the developer by the City Planner and the
Site Plan Review Committee; however, it would be in the
best interest of the residents and developer to meet and
discuss the matter.
* V/M Stein MOVED to TABLE Temp. Reso. #4927 until the
* developer and the residents meet and discuss this matter,
* SECONDED by C/M Hoffman.
VOTE: Mayor Hart - Aye
V/M Stein - Aye
C/M Stelzer - Nay
C/M Hoffman - Aye
C/M Rohr - Aye
C/M Stelzer said the subcontractors would be coming from
110th Avenue and he asked how the trucks would get over
the canal and Mr. Riefs said because Clairmont was being
developed, the construction traffic would be using a
temporary road on 110th Terrace into Clairmont. C/M
Stelzer asked what Tract Devon was located on and Mr.
Condorousis said Devon was west of Fairfax and north of
Clairmont, which was a portion of Tracts 14 b and c.
Page 17
2/10/88
C/M Rohr asked if Tracts 12, 13 and 13b were planned for
development and Marty Riefs said those Tracts were not
planned for at this time. C/M Rohr said those Tracts
would have the same problems as being discussed now and
Mr. Riefs agreed.
Mayor Hart asked Mr. Riefs to meet with the residents to
discuss their concerns before the next City Council
meeting and Mr. Riefs said he would.
* c. V/M Stein MOVED to APPROVE Item 15 c.� SECONDED by C/M Rohr.
VOTE: ALIT VOTED AYE
16. MOTION TO ADOPT Temp. Reso. #4931 approving the
Tamarac Future Land Use Map.
SYNOPSIS OF ACTION: RESOLUTION NO. R--88-24 - PASSED
APPROVED.
City Attorney Doody read Temp. Reso. #4931 by title.
Mayor Hart RECESSED this meeting at 9:10 P.M. and
RECONVENED at 9:12 F.M. with all present.
Mike Von Hofen, Assistant City Planner, said 9J5 of the
Land Use Map had to be remapped to provide for lands
rezoned for flexibility and identification. He said the
map would be sent to the County to be included in their
Land Use Map.
* V/M Stein MOVED to APPROVE this Item, SECONDED by C/M Hoffman.
VOTE:
Finance Department
ALL VOTED AYE
17. a. MOTION TO ADOPT Temp. Reso. #4910 accepting the
financial statements and auditor's report prepared by
Touche Ross & Company for Fiscal Year Ending 9/30/87
(tabled on 1/27/88).
b, MOTION TO AUTHORIZE Touche Ross & Company to
perform an examination of Grant Program 753030 as
required by Florida Department of Regulation FAC 17-50
at a cost of $5,000.00
SYNOPSIS OF ACTION: RESOLUTION NO. R-88-37 - PASSED
APPROVED a and b.
a. City Attorney Doody read Temp. Reso. #4910 by title.
Ken Burroughs, Finance Director, said the Audit for the
Fiscal Year ending September 30, 1987 was completed and
was before Council for approval.
* C/M Hoffman MOVED to APPROVE this Item, SECONDED by C/M Rohr.
C/M Hoffman asked if Mr. Burroughs was satisfied with the
Audit and Mr. Burroughs replied, yes.
Vickie Beech, Resident, asked if she could have a copy of
the Audit providing it was public record and City
Attorney Doody said after Council approval, the Audit
would become public record.
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2/10/88
Melanie Reynolds, Resident of Sands Point, said in 1981,
there was a line item for land called "Gifts" which was
created because the City received 109 acres of land as a
gift. She said in 1976, Alexander Grant, Auditors, would
not consider the acres as an asset until the Auditor
General insisted it be in the Report and she did not see
this line item listed for several years in the City's
Audit Report.
TAPE 4
Mrs. Reynolds said the 109 acres mentioned still existed
along with other land that was not listed in the assets
and she asked if the land was included in the Audit
Report.
Stan Brooks, Auditor, said he never saw a line item
called "Gifts" in the Report and Mr. Burroughs said the
land Mrs. Reynolds was talking about was listed on Page
29 of the Audit Report.
C/M Stelzer said the utility plant increased about
$9,000,000.00 and the depreciation decreased about
$800,000.00. He said the wastewater plant was closed
before the Fiscal Year ended and he asked why the closed
was not taken out of the book figures. Mr. Burroughs
said the project was not completed because the facility
was not dismantled. C/M Stelzer said the figures were
inflated because the facility was not worth
$9,000,000.00; therefore, a note should have been added
stating that the facility was abandoned and in the
process of being dismantled.
Mr. Brooks said he would review the matter and if a
correction was needed, it`would be done.
Referring to Page 5 of the Report, C/M Stelzer said in
1979, $145,000.00 was received from Leadership Housing
and, to date, $47,000.00 was spent with an ESM loss of
$13,000.00. He said the balance since 1979 was
$85,000.00 with no activity since 1983. He asked why the
account was open and Mr. Burroughs said the money was
being transferred to the General Fund. C/M Stelzer asked
why the money was not transferred the prior year and Mr.
Burroughs said he did not know why the money was not
transferred.
Referring to Page 74 of the Report, C/M Stelzer said the
Special Exception Lease Fund in 1977 relieved the City of
responsibility of the Fund; however, $52,699.00 was
reflected and he asked why. Mr. Brooks said there were
recommendations to eliminate several special funds. C/M
Stelzer said the Council did not receive enough
information about the special funds before budget
approval; therefore, Council could not approve the
deletion of funds.
Mr. Burroughs said fund was a Trust Fund and it could not
be used for the budget.
C/M Stelzer asked if Touche Ross & Company had exit
interviews and Mr. Brooks said yes, and the exit
interviews were conducted with the Auditors, Finance
Director and the City Manager. C/M Stelzer asked why the
exit interview did not pertain to the items that needed
to be deleted and Mr. Brooks said the items that were to
be deleted were listed and the items that were not listed
were not deleted.
Page 19
2/10/88
C/M Stelzer said he would like to attend next year's exit
interviews and Mr. Brooks suggested the exit interviews
occur in advance of the next year's examination.
C/M Rohr suggested C/M Stelzer inform the Auditor and
Finance Director of these things before next year.
VOTE:
ALL VOTED AYE
b. Mr. Burroughs said the City received a Grant for the North-
west Force Main, the project was complete and the City
could not get the final payment until the Audit was
complete. He said Touche Ross & Company would be
finishing the Audit on the Grant.
Mr. Brooks said the expenditures associated with the
project were approximately $2,400,000.00.
* C/M Hoffman MOVED to APPROVE Item b, SECONDED by C/M Rohr.
VOTE: ALL VOTED AYE
C/M Stelzer asked if an Audit was done on any Departments
and Mr. Burroughs said at his request the Auditor's did
an in-depth review of the garage.
Personnel Department
18. MOTION TO ADOPT Temp. Reso. #4932 approving a three
year contract with The Federa on of Public Employees (FPE)
from 10/1/87 to 9/30/90.
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-88-38 - PASSED
City Attorney Doody read Temp. Reso. #4932 by title.
* V/M Stein MOVED to APPROVE this Item, SECONDED by C/M Hoffman.
Larry Perretti, Personnel Director, said the City
negotiating team of Alan Ruf, Bill Greenwood, Mike Couzzo
and himself met with the Federation of Public Employees
for 15 meetings and the purpose of the presentation
tonight was for radification of the contract. He said
the majority of the FPE employees on February 2, 1988
voted to accept the proposed contract and the highlights
are as follows:
(1) This is a three year contract from 10/1/87 through
9/30/90
(2) Wages would be 4% increase effective February 1, 1988
(3) Another increase of 4% will be effective on 10/1/88
(4) A wage reopener would be negotiated for the third
year of the contract on 10/1/89.
(5) There would no longer be steps in the pay plan, only
a minimum and maximum wage amount for each classification.
(6) On the Benefit Option Plan, there was an increase of
$300.00 for all full time permanent employees.
(7) A cap was put on Annual Leave with 520 hours accrued for
employees presently employed and, for employee hired
after 4/1/88, the cap will be 280 hours accrued.
(8) There is a buy back provision for employees who
presently have over 520 hours accrued in Annual Leave.
(9) The Health Insurance Contract will be opened each year
because of the inflationary costs.
(10) A Substance Abuse and Maternity Leave of Absence Policy
was added to the contract.
VOTE: tiji ., V u,izu AYE
Page 20
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2/10/88
Utilities/Engineering
19. MOTION TO ADOPT Temp. Reso: 04933 awarding Bid #88-13
in tie amount of $26,850.00 to Utilities Services, Inc., for
construction of a new fuel storage facility at Fire Station #2,
TUW Project 88-32; and to APPROVE the transfer of $6,000.00
from General Contingency Fund 001-872-589-975 to Fire Station
#2 Wellfield Protection Fund 001-823-522--503 to provide addi-
tional funding for this project.
SYNOPSIS OF ACTION: RESOLUTION NO. R-88-39 - PASSED
APPROVED as amended. (SEE PAGE 22)
City Attorney Doody read Temp_ Reso. #4933 by title.
Bill Greenwood, Utilities/Engineering Director, said
staff recommended approval.
* V/M Stein MOVED to APPROVE this Item, SECONDED by C/M Rohr.
VOTE: ALL VOTED AYE
20. MOTION TO ADOPT Temp. Reso. #4896 requiring non -owners
(renters) to provide the ownerts�written approval on a form
before water and/or sewer service can be obtained from the
City; this form would have the legal effect of allowing liens
to be placed on property due to the non-payment of fees for
water and/or sewer services (tabled from 1/13/88).
SYNOPSIS OF ACTION:
TABLED.
City Attorney Doody read Temp. Reso. #4986 by title.
* C/M Rohr MOVED to APPROVE this Item, SECONDED by C/M Hoffman.
C/M Rohr said there should be something in the Resolution
protecting the City from present renters as well and City
Attorney Doody said the City had existing contractual
agreements under the Water and Sewer Agreements which
would not allow the matter to become retroactive.
V/M Stein said this Resolution would not effect rentals
because rentals had a single meter. He said this
Resolution would pertain to condominium rentals and City
Attorney Doody said this Resolution would apply to
Commercial uses; however, Commercial rentals only had one
meter.
Herb Hayes, Resident of Section 20, said he was in the
Real Estate business and he believed the City of Tamarac
should not get involved with a matter like this. He said
the City could not deny Public Utility service to anyone
without placing the City in jeopardy. He suggested the
renters place a deposit for the water with the renter be
given only 30 days to pay the water bill and, if the bill
was not paid within the given time, the City keep the
deposit.
V/M Stein said it would be very difficult for the City to
force a landlord of commercial property to pay for a
renter or renters who left without paying a bill.
City Attorney Doody said staff attempted to find a
solution to this problem; however, if Council wanted the
matter reevaluated, it would be done.
Page 21
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2/10/88
C/M Hoffman said he agreed with Mr. Hayes about covering
losses by deposit as opposed to the Resolution.
C/M Stelzer asked if the commercial deposits were
sufficient to cover 2 or 3 months service and Mr.
Greenwood said yes. C/M Stelzer asked if a regulation
could be stated on the water bills regarding water cut
off if the bill was not paid within two months and Mr.
Greenwood said the regulation was the City's present
policy.
C/M Stelzer said the City should have enough deposit left
from the renter if the bill was not paid and Mr.
Greenwood said in most cases, yes; however, the City was
going after the delinquent accounts from renters leaving
the City. C/M Stelzer asked if the deposit was enough to
cover the delinquent bills and Mr. Greenwood said the
dollar value of the bills may not be covered by the
deposit. C/M Stelzer said the City should increase the
deposit of the renters.
Bill Greenwood said the Ordinance was recommended to
protect the City's interest because of the delinquent
accounts. He said the Auditor's were involved with this
matter and other Cities are implementing this type of
Ordinance for their Utilities Departments.
C/M Stelzer had concerns with this Ordinance because of
the City being in jeopardy. He asked if another solution
could be proposed and City Attorney Doody said staff
would look into the matter for a better solution.
* C/M Rohr MOVED to TABLE this Item, SECONDED by C/M Hoffman.
VOTE: ALL VOTED AYE
19. MOTION TO ADOPT Temp. Reso. #4933 awarding Bid #88-13
in the amount of $26,850.00 to Utilities Services, Inc., for
construction of a new fuel storage facility at Fire Station #2,
TUW Project 88-32; and to APPROVE the transfer of $6,000.00
from General Contingency Fund 001--872-589-975 to Fire Station
#2 Wellfield Protection Fund 001-823-522-503 to provide addi-
tional funding for this project.
SYNOPSIS OF ACTION: RESOLUTION NO. R-88-39 - PASSED
APPROVED as amended. (See Page 20)
C/M Stelzer said the $6,000.00 transfer was not in the
Resolution and City Attorney Doody said the Section did
have an account number but the amount was not mentioned.
C/M Stelzer said the account number in the Resolution was
for the account after transfer.
* C/M Stelzer MOVED to RECONSIDER Item 19, SECONDED by C/M Rohr.
VOTE:
* C/M Stelzer MOVED to APPROVE Temp Reso. #4933 and include in
* Section 1 the transfer of $6,000.00from t�General Contin-
gency Fund #001-872-589-975 to Fire Station #2 Wellfield Pro-
tection Fund #001-823-522-503, SECONDED by V/M Stein.
VOTE:
ALL VOTED AYE
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2/10/88
nunTMAMrF
23. a. MOTION TO ADOPT Temp. Ord. #1379 on first reading to
amend tion 227-35.1 of —the Code pertaining to the State
of Florida Wastewater Grant Revenue Generation System
Requirements for DER Grant Project 753030.
b. MOTION TO APPROVE the transfer of $2,081.00 from
Contingency Fund 425-371-589-975 to Grant Project Replace-
ment Fund 425-371-581-953 to cover the increase of yearly
deposit for grant replacement due to corrected figures
requested by the Florida Department of Environmental
Regulation.
SYNOPSIS OF ACTION:
a. APPROVED on first reading.
b. APPROVED.
a. City Attorney Doody read Temp. Ord. #1379 by title.
Bs.-1 1 Greenwood said this was a change for the recently
ap-p.toved Ordinance in the increased amount of $2,081.00
per year for the next forty years. He said this approval
would --et aside money so the State did not have to get
into-" tDe Grant business because the State and Federal
Government were getting out of the Grant business. He
said the money would be used to pay back the Grant.
V/M Stein MOVED to APPROVE Temp. Ord. #1379 on first reading,
SECONDED by C/M Rohr.
VOTE:
ALL VOTED AYE
C/M Rohr MOVED to APPROVE Item 23 b., SECONDED by V/M Stein.
V/M Stein said instead of the City getting a Grant, they
got a loan because the City was repaying $2,081.00 per
year. He said the loan was for 40 years and the State
was forcing the City to set aside $2,081.00.
VOTE:
AGENDIZED BY CONSENT
ALL VOTED AYE
24. MOTION TO APPROVE the expenditure of $10,695.80 to
provide —for an upgrade capacity to the telephone system in
the new Municipal Complex/City Hall, with funds to come from
the City Hall bonds.
SYNOPSIS OF ACTION:
Agendized by Consent on Page 2.
APPROVED.
City Manager Kelly said the system presently in City Hall
is the ROLM system which was paid for by the bond money
for the new City hall. He said the system would be
transferred to the new City Hall; however, the system
needed to be expanded to allow for 336 lines. He said
the construction was at the point where the system needed
to be placed in. He said the construction company was
obligated to complete the new City Hall. by April 1, 1988
and, if the rurastruction was not completed, then the
company would pay the City $1,000.00 per day until the
completion..
* C/M Hoffman MOVED to APPROVE this Item, SECONDED by C/M Rohr.
V �.L.0 . ALL VOTED AYE
Page 23
2/10/88
25. MOTION TO APPROVE payment in the amount of $8,400.00 to
Land --Tech Engineering, Inc., for proposed annexation projects.
This payment was charged to Account #150-142-515-310 Community
Development Professional Services.
SYNOPSIS OF ACTION:
Agendized by Consent on Page 2.
APPROVED.
City Manager Kelly said for the annexation proposal that
went to the Legislative Delegation, the City was required
to provide a survey of the properties considered for
annexation. He said the cost was $8,400.00 and payment
must be approved by Council.
* C/M Hoffman MOVED to APPROVE the payment of $8,400.00 to Land -
Tech Engineering, Inc., SECONDED by V/M Stein.
VOTE:
ALL VOTED AYE
Mayor Hart ADJOURNED this meeting 10:10 P.M.
LW
;BMWARD HART, „rt:
jzt±&�
CAROL E. BARBUTO, CITY CLERK
"This public document was promulgated at a cost of $225.40 or $6.26 pe',r
copy to inform the general public, public officers and employee of recent
opinions and considerations of the City Council of the City of Tamarac."
APPROVED AT Mtci,�+U OF �S
Page 24
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