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HomeMy WebLinkAbout1987-02-11 - City Commission Regular Meeting Minutes1 � �i►�9p „ , n OF110 P.O. BOX 25010 TAMARAC, FLORIDA 33320 REPORTS OF CO.VNCIL DISCUSSIONS AND ACTION CITY OF TAMARAC CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY, FEBRUARY11 c _1987 CALL TO ORDER: 7:00 P.M. ANNQPNCEMENT 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. INTRODUCTION 1. MESENTATI,ON by Mayor Hart of a proclamation designating March 1, 1987, as "Hope Sunday". FINAL ACTION: Mayor Hart presented the proclamation to Harriet Fagin, President of the Tamarac Chapter of the City of Hope. CONSENT AGENDA Items listed under Consent Agenda, Item 2, are viewed to be routine and the recommendation will be enacted by one 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 Clerk 2. A. MOTION TO APPROVE the minutes of the City Council Regular Meeting of 1/14/87. FINAL ACTION•. APPROVED. B. MOTION TO APPROVE renewal of a model sales permit for LAKE COLONY (BROOKWOOD GARDENS) in Units 30, 31 and 32 and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for a six month period from 2/27/87 to 8/27/87 (tabled on 1/27/87). FINAL ACTION• APPROVED. Paye 1 2/11/87 Committees C. MOTION TO ACCEPT the resignation of NICHOLAS CAMERANO as an alternate member of the PLANNING COMMISSION. FINAL ACTION• APPROVED. .UtilitiesZBnqineering D. MOTION TO APPROVE Change Order #3 to the contract with R.J. Sullivan in the amount of $28,300.00 to install an 8-inch water line from NW 61 Street into the treatment plant property, to reflect a 14-day time extension to the contract, and to add a second chlorine detector/sensor for Project #85--19, New Chlorination Facilities. FINAL ACTION: APPROVED. E. MOTION TO ADOPT Tem Reso. #4501 accepting a Tamarac Utilities East Pump Station and Utility Easement offered by G.H. and Georgette Najjar for TUE Project #84-21 (Pump Station #6E). FINAL ACTION: RESOLUTION NO. R-87-41 PASSED. APPROVED. F. MOTION TO ADOPT Temp, Reso. #4502 releasing warranty bond #2676 in the amount of $116,052.00 posted for the TUW office building by Marsten Leasing Corporation. FINAL ACT,: RESOLUTION NO. R-87-42 PASSED. APPROVED. G. MOTION TO ADOPT Tem Reso. #4503 releasing warranty bond #68SB1000-43496BCA in the amount of $25,500.00 posted by Cardinal Industries, Inc., for the SOUTHGATE GARDENS APARTMENT project. FINAL ACTION: APPROVED. . RESOLUTION NO. R-87-43 PASSED. H. I. MOTION TO ADOPT Temp. Reso. #4504 releasing performance bond #8105-19-19 in the amount of $9,845.00 and #4172498 in the amount of $20,461.50 posted for public improvements at the EXXON SERVICE STATION at Pine Island Road and Southgate Boulevard subject to receipt of one-year warranty bonds in the amount of $5,115.38 and $2,971.80. 2. MQTIQN TO ADOPT Temp_ peso. #4505 accepting the Bill of Sale for the water distribution system improvements for the EXXON SERVICE STATION at Pine Island Road and Southgate Boulevard. FINAL ACTION: RESOLUTION NO. R-87-44 PASSED. APPROVED 1 and 2. RESOLUTION NO. R-87-45 PASSED. 2/yl/87 CONSIDERATIONS Public Works Department 3. MOTIQN_TO APPROVE a budget transfer from Parks and Recreation Department Overtime account to two Public Works Department Overtime accounts. FINAL ACTIO APPROVED. RESOLUTIONS BuildinqZCommunity Development 4 DO MOTION TO ADOPT TeTemp._„R,eso. 14492 approving a revised site plan for WOODLANDS COUNTRY CLUB reflecting relocation of parking spaces, relocation of dumpster and revision to compactor. F11ML • ACTION APPROVED. . RESOLUTION NO. R-87-46 PASSED. 5. MOTION TO ADOPT Temp_. Reso. #4493 approving a revised site plan for WOODMONT TRACT 59 reflecting revised parking and change of unit mix. FINAL ACTION: RESOLUTION NO. R-87-47 PASSED. APPROVED. 6. MOTION TO ADOPT Temp.. -Reno. #4494 approving a revised site plan for CALIFORNIA FEDERAL SAVINGS & LOAN reflecting increased building square footage. FINAL ACTION: RESOLUTION NO. R-87-48 PASSED. APPROVED. 7. MOTION TO ADOPT Temp. Reso. #4495 approving a revised site plan for SHAKER VILLAGE for a Telesat satellite dish, equipment building, tower and fence. FINAL ACTION: RESOLUTION NO. R-87-49 PASSED. APPROVED. 8. MOTION TO ADOPT Tem Reso. #4496 approving a site plan and related documents for BONAIRE AT WOODMONT SITE FLAN #7 (TRACT 74/75). FINAL ACTION: RESOLUTION NO. R-87-50 PASSED. APPROVED. 9. TAMARAC MUNICIPAL COMPLEX: a) MOTION TO ADOPT Temp. Reso. #4497 approving a plat. b) MOTION TO ADOPT T pp. Reso_, #4498 issuing a Development Order. c) MOTION TO ADOPT Tgmp-, Reso. #4499 awarding a bid to James A. Cummings, Inc., in the amount of $4,268,450.00 for construction of the new City Hall and authorizing the execution of all necessary contract documents. 2/ 1/87 1 * Revised 2/13/87 9. TAMARAC MU ICIPA COMPLEX: Cont'd. d) MQTION TO APPROVE builder's risk insurance coverage through Maryland Casualty in the amount of $8,910.00 for the period 2/23/87 to 2/23/88. FINAL ACTION: RESOLUTION NO. R-87-51 PASSED. APPROVED a) thru RESOLUTION NO. R-87-52 PASSED. d). RESOLUTION NO. R--87-53 PASSED. 10. MOTION TO ADOPT -Temp. Reso. #4500 granting a temporary exception permit in lieu of satisfying the platting requirements in Chapter 20 of the Code for the 4100 WEST COMMERCIAL BOULEVARD BUILDING. FINAL ACTION: APPROVED. General Administrative RESOLUTION NO. R--87-54 PASSED. 11. MOTION TO ADOPT Temp. Reso #4507 authorizing the appropriate City Officials to execute Amendment #2 to the agreement between the City of Tamarac and Miller & Meier, Architects, pertaining to the MUNICIPAL POLICE FACILITY. FINAL ACTION: APPROVED. RESOLUTION NO. R-87-55 PASSED. Finance Department 12. MOTION TO ADOPT Temp_ Reso-_#4489 accepting the Annual Financial Report prepared by Touche Ross for Fiscal Year 1985/86. FINAL ACTION: RESOLUTION NO. R-87-56 PASSED. APPROVED as amended: * - in Line 1 of the title, striking "approving and" * -- Line 11, strike "approve and" Line 17, Section l strike "adopted" and insert "accepted" 13. MOTION TO ADOPT Temp. Reso. #4490 authorizing the investment of City funds in the Local Government Surplus Funds Trust Fund Investment Pool. FINAL ACTION• APPROVED. RESOLUTION NO. R-87--57 PASSED. 14. a) MOTION TO ADOPT Temp. Reso. #4488 approving and authorizing execution of an Amendment to the Bond Sale and Purchase Agreement with the Bank of Tamarac (NCNB) entered into on 6/5/75 pertaining to banking services. b) MOTION TO AUTHORIZE the City Manager to competitively bid for depository services and to notify NCNB Bank of the City's intent to do so (tabled on 1/27/87). FINAL ACTION: RESOLUTION NO. R-87-58 PASSED. APPROVED a) and b). Personnel D!gpartmgn_t 15. MOTION TO ADOPT Temp. Reso. #4491 authorizing execution of a contract with The Fraternal Order of Police (FOP) for the period of 10/1/86 through 9/30/88. FINAL ACTION: RESOLUTION NO. R-87--59 PASSED. APPROVED. PUBLIC HEARINGS -- 7:30 P.M. ORDINANCES 16. MOTION TO _ADOPT Temp. Ord. #1307 on second reading creating Subsection 9-5 of the Code to provide that whenever a check draft or other instrument for payment of money is returned as a dishonored item by a bank or lending institution, the City shall not accept payment without first receiving interest and the appropriate fees. FINAL -ACTION: ORDINANCE NO. 0--87--6 PASSED. APPROVED on second and final reading. Public hearing was held. 17. MOTION_TO ADOPT Temp: Qrd.. #1315 on first reading to adopt the Recertified Land Use Plan Element of Tamarac's Comprehensive Plan. FINAL ACTION: APPROVED on first reading. Second reading and public hearing will be held on 2/25/87 at 10:00 A.M. 18. QPEN PUBLIC FORUM - Any member of the public who wishes to address the City Council at this time must, in advance of the item, give his/her name and address to the City Clerk. FINAL ACTION: Melanie Reynolds questioned what building would be erected by the City on Land Section 7. Aaron Heller suggested a time certain be maintained at Council meetings for the open public forum. He suggested Tamarac become involved with a mutual program for ambulance service with other cities and noted a need for adequate street lighting in Section 12. John Colby concurred with Mr. Heller regarding the need for adequate street lighting in Section 12. REPORTS 19. City Council 20. City Manager 21. City Attorney Page 5 2/gl/87 1 AGENDIZED BY CONSENT 22. MOTION TO ADOPT Temp, so #4509 - Sands Point Sidewalks FINAL ACTION- APPROVED. RESOLUTION NO. R-87-60 PASSED. 23. MOTION TO APPROVE Kings Point Engineering Permit - FINAL ACTION•. APPROVED. 24. MOTIONTO APPROVE „.Tem .Reso.#4508 regarding the Tamarac Municipal Complex Agreement with Broward County regarding building permits FINAL ACTION: RESOLUTION NO. R-87--61 PASSED. APPROVED. 25. MOTION TO APPROVE Temp. Reso. #4510 regarding solid waste billings FINAL ACTION: RESOLUTION NO. R-87-62 PASSED. APPROVED as amended in Section 2, Line 24 to read "April 1, 1987" instead of "July 1, 1987". The City Council may consider and act upon such other business as may come before it. 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. Carol E. Barbuto City Clerk Page 6 2/11/87 CITY OF TAMARAC REGULAR CITY COUNCIL MEETING WEDNESDAY, FEBRUARY 11, 1987 CALL TQ ORDER: Mayor Hart called this Regular City Council Meeting to order at 7:00 P.M. in the Council Chambers at City Hall. ROLL CALL: Mayor Bernard Hart Vice Mayor Jack Stelzer Councilman Arthur H. Gottesman Councilwoman Helen Massaro Councilman Sydney M. Stein ALSO PRESENT: John P. Kelly, City Manager A. Bryant Applegate, City Attorney Carol E. Barbuto, City Clerk Patricia Marcurio, Secretary MEDITATION AN PLEDGE OF -ALLEGIANCE: Mayor Hart called for the Pledge of Allegiance followed by a Moment of Silent Meditation. AGENDIZED BY CONSENT 22. MQTION TO ADOPT Temp=_.Rest/ #4509 - nds Point ,aidewalks YN P IS QF ACTION• AGENDIZED BY CONSENT. (See Page 8 and 9) * V/M Stelzer MOVED to AGENDIZE this Item by Consent, SECONDED by C/M Stein. VOTE: ALL VOTED AYE 23. NOTION TO APPROVE Kings Point Engineering Permit - SYNOPSI OF ACTION: AGENDIZED BY CONSENT. (See Page 9) * V/M Stelzer MOVED to AGENDIZE this Item by Consent, SECONDED * by C/M Stein. V TE: ALL_VOTED AYE 24. MOTIQN TO APPROVE_ Temp. Reso. #4508 regarding the Tamarac Municipal Complex Agreement with Broward County regarding building permits SYNOPSIS F ACTION: AGENDIZED BY CONSENT. (See Page 9) * V/M Stelzer MOVED to AGENDIZE this Item by Consent, SECONDED * by C/M Stein. VOTE: ALL YOTED AYE 25. MOTION TO APPROVE Te so. 4510 regarding solid waste billings SYNOPSIS OFACTION: AGENDIZED BY CONSENT. (See Page 2, 9, 10 and 11) C/M Stein MOVED to AGENDIZE this Item by Consent, SECONDED * by V/M Stelzer. 2�11/87 / /pw VOTE: INTRODUCTION ALL VOTED AYE 1. PRESENTATION by Mayor Hart of a proclamation designating March 1, 1987, as "Hope Sunday". SYNOPSIS OF ACTION: Mayor Hart presented the proclamation to Harriet Fagin, President of the Tamarac Chapter of the City of Hope. Mayor Hart read and presented the Proclamation to Harriet Fagain, the President of the Tamarac Chapter of the City of Hope. Harriet Fagin introduced Sophie Simon, Vice President of the Chapter of the City of Hope, who is in charge of Hope . Sunday. CONSENT AGENDA City_ Clerk 2. A. MOTIQN TO APPROVE the minutes of the City Council Regular Meeting of 1/14/87. SYNOPSIS OF ACTION: APPROVED. B. MOTIQN TQ APPRQVE renewal of a model sales permit for LAKE COLONY (BROOKWOOD GARDENS) in Units 30, 31 and 32 and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for a six month period from 2/27/87 to 8/27/87 (tabled on 1/27/87). SYNOPSIS OF ACTION: APPROVED. Committees C. MQTION TO .ACCEPT the resignation of NICHOLAS CAMERANO as an alternate member of the PLANNING COMMISSION. SYNOPSIS OF ACTION: APPROVED. Utilities/Engineering D. MOTION TO APPROVE Change Order #3 to the contract with R.J. Sullivan in the amount of $28,300.00 to install an 8-inch water line from NW 61 Street into the treatment plant property, to reflect a 14-day time extension to the contract, and to add a second chlorine detector/sensor for Project #85-19, New Chlorination Facilities. SYNOPSIS OF ACTION: APPROVED. 1 E. MOTION TO _ADOPT Temp. Rgso..__14501 accepting a Tamarac Utilities East Pump Station and Utility Easement offered by G.H. and Georgette Najjar for TUE Project #84-21 (Pump Is Station #6E). SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-87-41 PASSED. PAGE 2 2/1�PW7 F. MOTION TO AD PT Te eso. #4502 releasing warranty bond #2676 in the amount of $116,052.00 posted for the TUW office building by Marsten Leasing Corporation. SYNOPSIS9 QF ACTION: APPROVED. RESOLUTION NO. R-87-42 PASSED. G. MOTION TO ADOPT Temp. eso 4503 releasing warranty bond #68SB1000-43496BCA in the amount of $25,500.00 posted by Cardinal Industries, Inc., for the SOUTHGATE GARDENS APARTMENT project. Y OP S OF -ACTION: RESOLUTION NO. R-87-43 PASSED. APPROVED. H. 1. MOTION TO ADOPT Tem eso #4504 releasing performance bond #8105-19-19 in the amount of $9,845.00 and #4172498 in the amount of $20,461.50 posted for public improvements at the EXXON SERVICE STATION at Pine Island Road and Southgate Boulevard subject to receipt of one-year warranty bonds in the amount of $5,115.38 and $2,971.80. 2. MQTION TO ADOPT Temp. Reso. #4505 accepting the Bill of Sale for the water distribution system improvements for the EXXON SERVICE STATION at Pine Island Road and Southgate Boulevard. SYNOPSIS OF ACTION: APPROVED 1 and 2. RESOLUTION NO. R-87-44 PASSED RESOLUTION NO. R-87-45 PASSED * V/M Stelzer MOVED to ADOPT Consent Agenda, Item 2, A through * H, SECONDED by C/M Stein, VOTE: ALL VOTED AYE CONSIDERATIONS ubli,c W -Kk,s _-Department 3. 2lOTI_ON TO APPROVE a budget transfer from Parks and Recreation Department Overtime account to two Public Works Department Overtime accounts. SYNOPSIS OF ACTION: APPROVED. (See Attachment "l") Mike Couzzo, Public Works Director, said the request had been from division to division to accommodate the Staff to chaperone the trips provided by Recreation. C/M Stein MOVED to APPROVE the budget transfer, SECONDED by C/M Gottesman. C/W Massaro said she objected to the overrun in departments. She said the trips should be self-sufficient and there should not be overruns. Mike Couzzo said the trips were self-sufficient, the monies were generated and deposited into a revenue account and, with the budget specifications, the monies were withdrawn from certain accounts. He said Staff would chaperone each trip and only 2 Staff members are with Recreation. C/W Massaro asked if the money being transferred from the other department would be returned. V/M Stelzer said Parks and Recreation did not have enough personnel to chaperone each trip, therefore, Public Works Staff would be used for the trips. VOTE: ALL VOTED AYE PAGE 3 2/11/87 /Pw RESOLUTIONS BuildingjCommunity Development 4. MOTION TO ADOPT Temip. Reso. #4492 approving a revised site plan for WOODLANDS COUNTRY CLUB reflecting relocation of parking spaces, relocation of dumpster and revision to compactor. SYNOP IS OF ACTION: APPROVED. RESOLUTION NO. R-87-46 PASSED. City Attorney Applegate read Temp. Reso, #4492 by title. * C/M Stein MOVED to ADOPT Temp. Peso. #4492 Stelzer. , SECONDED by V/M * Thelma Brown, City Planner, said the zoning of the property would be S-1, and the Master File number would be 13-77, and the location is 4900 Woodlands Boulevard. She said the request was for the relocation of the parking spaces, • dumpster, and the changing of a dumpster to a compactor. NOTE: ALL VOTED AYE 5. MOTION TO ADOPT Tem . Reso. #4493 approving a revised site plan for WOODMONT TRACT 59 reflecting revised parking and change of unit mix. APPROVED. F CTION: RESOLUTION NO. R-87-47 PASSED. City Attorney Applegate read Temp. Reso #4493 by title. Thelma Brown, City Planner, said the zoning would be 4A and the Master File number would be 21--82 and the location is NW 84 Terrace, south of NW 81 Street. She said the request was for revised parking and the changing of the unit mix. * V/M Stelzer MOVED to ADOPT Temp. Reso. #4493, SECONDED by * C/W Massaro. VOTE• C/W Massaro asked if the spaces are reduced because of the reduction of bedrooms and Thelma Brown said the bedrooms were being reduced, which was the reason for the revised parking. C/W Massaro said if, at a later date, there would be a change in the bedroom mix, then the parking would need to be revised. She asked if there would be adequate room for a change and Ms. Brown replied, yes. ALL VOTED AYE 6. MOTION TO ADOPT Temp. Rego. #4494 approving a revised site plan CALIFORNIA FEDERAL SAVINGS & LOAN reflecting increased building square footage. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-87-48 PASSED. City Attorney Applegate read Temp. Reso._44494 by title. Thelma Brown, City Planner, said the zoning would be B-1 and the Master File number would be 8-82, located at the NW corner of Sabal Palm Boulevard east and Rock Island Road, She said the use would be to increase the square footage of 41 the building, which would not include any setbacks. C/W Massaro MOVED to APPROVE Tem . Reso._J44-9 , SECONDED by C/M Stein. C/W Massaro asked if the plan reflected the change in the dimension and Ms. Brown replied, yes. C/W Massaro asked if the design would change and Ms. Brown replied, no. VOTE: ALL VOTED AYE PAGE 4 .� 2/1�PW7 7. MOTION TQ ADOPT Temp. s 4495 approving a revised site plan for SHAKER VILLAGE for a Telesat satellite dish, equipment building, tower and fence. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-87-49 PASSED. City Attorney Applegate read Temp. Reso. #4495 by title. City Attorney Applegate said the property would be private and the City would not be involved in the litigations that have been occurring. Thelma Brown, City Planner, said the Planning Commission suggested if the dish required guidewires, the Building Department would have to inspect the installation of the guidewires, however, the type of dish being installed would not need guidewires. * *• C/W Massaro MOVED to ADOPT Temp. Reso. #4495, SECONDED by * V/M Stelzer. C/W Massaro asked if Building Department approval would be needed and Ms. Brown replied, yes. Bob Jahn, Chief Building Official, said it would be considered a structure and the wind loading requirements would need to be approved, therefore, a building permit would need to be issued. C/M Gottesman said he received a letter from American Cable - systems in regard to the litigations. He was concerned with the approval of this Item and felt the approval would be premature. City Attorney Applegate said the decision Council would have on this Item would not be affected by the litigations. He said unless the litigation directly affected the City, which it did not, there would be concern in the action taken by Council. VOTE: ALL VOTED YE 8. MOTION TO ADOPT _Temp. Reso. #4496 approving a site plan and related documents for BONAIRE AT WOODMONT SITE PLAN #7 (TRACT 74/75). SYNOPSIS OF C�, TION: APPROVED. RESOLUTION NO. R-87-50 PASSED. City Attorney Applegate read Temp. Reso. #4496 by title. * V/M Stelzer MOVED to ADOPT Temp. Reso. #4496, SECONDED by * C/W Massaro. VOTE: ALL OTED AYE 9. TAMARAC MUNICIPAL COMPLEX_: a) MOTION TO ADOPT Temp. Reso, #4497 approving a plat. b) MQTIQND T TeMp. Rgso. #4498 issuing a Development Order. c) MOT.IQN_TO_ADOPT Temp. Reso. #4499 awarding a bid to James A. Cummings, Inc., in the amount of $4,268,450.00 for construction of the new City Hall and authorizing the execution of all necessary contract documents. d) MOTION TO APPROVE builder's risk insurance coverage through Maryland Casualty in the amount of $8,910.00 for the period 2/23/87 to 2/23/88. �YNQPSIS QF ACTIQ APPROVED a) thru d) . RESOLUTION NO. RESOLUTION NO. RESOLUTION NO. PAGE 5 2/11/87 /pw R-87-52 PASSED. R-87-51 PASSED. R-87--53 PASSED. a) City Attorney Applegate read Temp. Reso. #4497 by title. * C/M Stein MOVED to ADOPT Temp. Reso Stelzer. #4497, SECONDED by V/M VOTE• ALL VOTED AYE b) City Attorney Applegate read Tem Reso. #4498 by title. * V/M Stelzer MOVED to ADOPT Tem Reso. * C/M Stein. P• #4498, SECONDED by VOTE: ALL VOTED AYE c) City Attorney Applegate read Te Reso. #4499 by title. * C/M Stein MOVED to ADOPT Temp. Stelzer. _#4498, SECONDED by V/M C/W Massaro asked City Manager Kelly if there were suffi- cient funds to provide for the Police Department after the approval of this Item and Mr. Kelly replied, yes. C/M Stein said there would be sufficient money when the remaining authorized bonds were issued. At the moment, all of the authorized bonds were not issued, however, the authorization would be for sufficient money for the Muni- cipal and Police Complex. VOTE- ALL VOTED AYE d) City Manager Kelly said Keith Emery, Consulting Engineer, recommended that the City, in lieu of the contractor, provide the builder's risk insurance because the cost would be less expensive. V/M Stelzer MOVED to APPROVE this Item, SECONDED by C/M Stein. U E' ALL VOTED AYE P0 P.M. ORDINANCES 16. TIO T DOPT e 0 d. #1307 on second reading creating Subsection 9-5 of the Code to provide that whenever a check draft or other instrument for payment of money is returned as a dishonored item by a bank or lending institution, the City shall not accept payment without first receiving interest and the appropriate fees. SYNOpSIB F ACTION: APPROVED -on second and final reading. Public hearing was held. ORDINANCE NO. 0-87-6 PASSED. City Attorney Applegate read Te eso. #1307 by title. V/M Stelzer MOVED to ADOPT TempOrd. #1307 on second reading, SECONDED by C/M Stein. Mayor Hart opened and closed the response. VDTE: LL VOTED AYE PAGE 6 2/11/87 /pw Public Hearing with no 0 1 17. MOTION TO ADOPT Temp. Ord,11315 on first reading to adopt the Recertified Land Use Plan Element of Tamarac's Comprehensive Plan. SYNQP,9IS OF ACTION: APPROVED on first reading. Second reading and public hearing will be held on 2/25/87 at 10:00 A.M. RAPE 2 6 City Attorney Applegate read Temp. Ord. #1315 by title. Thelma Brown, City Planner, said the area had been planned for 3 years, however, because of the changing of areas, the Land Use Plan Element would need revisions. She said the County indicated certain changes that would need to be made pursuant to the State Statute and County Statute which would indicate a change from Industrial Classification, Multi - Family Classification and Park and Recreation site to Industrial/Commercial Office. M 1 n' olds, Resident of 8310 Sands Point Blvd, had concerns with the planning process and the notification to the public with the information of the land changes. Bggn4gd Newman, Resident of 74 Avenue, asked Ms. Brown about the height of the building and Ms. Brown replied the core of Land Section 7 had been discussed at being 100-feet, and since then, the height would need to comply with the Code and the buffer would be 50-feet, the office and commercial use would be 30 to 35-feet in height. She said the access road would allow heavy traffic off Commercial Boulevard to avoid McNab Road and there would be no Egress/Ingress allowed on McNab Road, therefore, the northern and northwestern residents would not be inconvienced. Vicki Beech, Resident, asked Ms. Brown how the Land Use Plan would affect the residents and Ms. Brown said the Land Use Plan would need to be rezoned, at which time the impact on the residents would be considered thoroughly. Florence 5pcbgnek, 9910 NW 70 Street, said two years ago the Plan for Land Section 7 showed a division of 3 sections; One section Industrial, one section Commercial and one section residential. She asked why the plan needed to be changed. She said residential areas would be affected by changing the plan. Milt Siegel, President of the Isles of Tamarac, asked why the light industry could not be located closer to Commercial Boulevard locating the office park where the light industry would be located. Thelma Brown, City Planner, said Development Standards restricted numerous conditions and, because of the changing of the light industry, M-1 zoning and M-2 zoning would be eliminated. idngv Kun,ikauff, Resident of Spyglass, had concerns regarding the industrial park and golf course locations. Sid Hershman, Resident of The Spyglass, had concerns about the location of Spyglass Development on the plan. Thelma Brown said at the time of rezoning there will be answers to the questions being asked by the residents. Mayor Hart closed the Public Hearing with no further response. C/M Stein MOVED to ADOPT Temp. Qrd_., 113155 on first reading, SECONDED by V/M Stelzer. PAGE 7 2/11/87 /Pw C/W Massaro said when the plan came for certification, she had been surprised that only a few residents had attended. She said changes could be made for approval of the residents at this time. VOTE• Thelma Brown read a letter from Broward County stating a copy of the adopting Ordinance needed to be submitted to the Planning Council within 14 days of the final action. She read the list of amendments which included, Land Section 7 Amendment per alternate number 3 corresponding to the City Land Use Plan Amendment #100 A & B, the addition of the Land Use Category, Water, submitted by the City, must have corrected table and charts reflecting the Land Section 7 Amendment. C/W Massaro said if industrial land use has been permitted to the developer, would there be a requirement by Council to rezone to another land use. She said the Code would need to be changed to buffer the zoning. i V/M Stelzer asked if the Land Use Plan had been approved at . a prior meeting and Ms. Brown replied yes, in September, 1986. C/W Massaro said Ms. Brown had mentioned that discussion could be made between the first and second reading and Ms. Brown said on any Ordinance, research could be done after first reading and presented at the second reading. C/W Massaro said the people did not understand the Plan had been changed. C/M Gottesman said a light industrial Ordinance had been drafted and would be brought before Council after the publication. Mayor Hart said every golf course in the City had been located on a major road with traffic running along it and there would be no way to buffer residential from facing industrial when constructing a development. C/W Massaro - Nay V/M Stelzer - Aye C/M Gottesman - Aye C/M Stein - Aye Mayor Hart - Aye AGENDIZED BY CONSE T 22. MOTION TQ ADOPT Temp. Reso. 14509 - Sands Point Bidswalks SYNOPSIO OF ACTION: RESOLUTION NO. R-87-60 PASSED. APPROVED. (See Page 1 and 9) City Attorney Applegate read Temp. -Re -so. #4509 by title. * C/M Stein MOVED to ADOPT Te Q RssQ_. #4509 authorizing * construction of a sidewalk near the Sands Point Condominium, * connecting the two entrances, SECONDED by V/M Stelzer. C/W Massaro asked City Attorney Applegate if it would be constitutional to use taxpayers money for private improve- ments. City Attorney Applegate said a special assessment would be for major projects and C/W Massaro said she had always been told that it be unconstitutional to use public funds for private improvements. Mr. Applegate said he would not view the sidewalk as a private improvement because it was on a public right-of-way to be used by all members of the public. PAGE 8 2/11/87 /Pw 1 i C/W Massaro asked City Manager Kelly if there had been money for the improvement and Mr. Kelly said a check in the amount of $690.00 was sent to the Finanace Department. C/W Massaro asked if there had been backup for the cost and Mr. Kelly said the backup had been prepared by the Public Works Department. C/W Massaro asked Mike Couzzo, Public Works Director, why there had not been a cost breakdown submitted on the side- walks and Mr. Couzzo said a breakdown had been submitted to the City Manager's Office. C/W Massaro asked why Mr. Kelly did not submit the backup and Mr. Kelly replied, he thought the backup had been submitted. C/W Massaro asked Mr. Couzzo the cost of the sidewalks and Mr. Couzzo said the materials would cost $700.00. C/W Massaro asked how much the labor would be and Mr. Couzzo replied $700.00. C/W Massaro said the City would be receiving $690.00, therefore, the taxpayers money would complete the project. C/M Stein said there had been units C/W Massaro ordered sidewalks for that were private. He said if there was a dangerous spot, it would be the City's responsibility to supply safety to the citizens. VOTE: V/M Stelzer - Aye C/M Gottesman - Aye C/M Stein - Aye C/W Massaro - Nay Mayor Hart - Aye 23. MOTION TO APPROVE Kings Point Engineering Permit - SYNOPSIS OF ACTIO APPROVED. (See Page 1) City Manager Kelly said Clairmont wanted to obtain a Water & & Sewer permit for a pool and the plat has not yet been recorded. He said Clairmont would hold the City harmless for the installation. C/W Massaro asked if there would need to be a change in the Water & Sewer Agreement. Barry S. Eden, Representative for Clairmont, said after the water & sewer permit has been approved, there would be a request for a building permit for the pool. * C/M Gottesman MOVED to APPROVE this Item, SECONDED by V/M * Stelzer. TAPE 3 VOTE: ALL VOTED AYE 24. M4TION TO __APPROVE__Tem Reso. #4508 regarding the Tamarac Municipal Complex Agreement with Broward County regarding building permits 2YNOP5Ib9 OF ACTION: APPROVED. (See Page 1) RESOLUTION NO. R-87-61 PASSED. City Attorney Applegate read Temp. Reso. #4508 by title. C/W Massaro MOVED to ADOPT Tem eso. J4508, SECONDED by * C/M Gottesman. VOTE ALL VOTED AYE 25. MOTI N TO _APPROVE Temp. Reso billings #4510 regarding solid waste INORSIS OFA.CTION: RESOLUTION NO. R-87-62 PASSED. APPROVED as amended. (See Page 1, 2, 10 and 11) PAGE 9 2/11/87 /Pw City Attorney Applegate read Temp. Reso,,_#4510 by title. C/M Stein said Section 2: should read "That the effective date shall be no later than April l", instead of "duly l". C/M Stein MOVED to ADOPT Temp. Reso..__#4510 as Amended, SECONDED by V/M Stelzer. C/M Stein said before the last budget meeting an estimate of $500,000.00 had been given as a deficit with the previous administration creating a deficit of $14,000.00. He said 3 different plans had been submitted, one an ad valorem, which had been turned down, one for a franchise, which had it had been denied at second reading and the last plan suggested by C/W Massaro and C/M Gottesman had the garbage fee, which had been passed. He said the public feels Council had been wrong in passing the plan. He said there would be enough money in the budget until the next budget review, therefore, there would not be a fee for solid waste as previously charged to the residents. C/M Gottesman asked if the collection would be removed, would there be enough money in the budget to compensate for the change and C/M Stein said there would be money in the budget and money left over. NOTES The following ig, Verbatim Transc t as u sted bv C/W Massaro 9YW_,M_assaro: At the time that this was acted on, during the budget period, you, the Council, the majority of Council, had a first reading on imposing a 6% utility tax on the people, which would have included the electric, the telephone and you, Mr. Mayor, stated that you looked up the word and that also would have included water and sewer. Now, I want to be sure that in no way if they find that they have not got all this surplus that they are talking about, that you will impose that tax on the people, and I want that verbatim in the record. ,Mayor Hart: Well, the question was asked to me, there is no way I could impose any tax on the people.... C/W Massaro: No, but the three can. Mayp.r Hart: No, we can not. C/A Massaro: Yes, you can. YZM Stelzer: Mayor, I would like to say that the accountant's report, if anyone takes the trouble to read it, will indicate that there is a surplus of $800,000.00. C W Massaro: That is fine. V/M Stelzer: This is not a figment of our imagination, we are not making anything up, as some other people do. !LW ---Massaro: That is very fine. You can do that but just do not try no tricks. V/M Stelzer: You are the one that does the tricks, not me. I have not pulled any tricks, you have done it all in the period that you have been in Council. Mayor Hart: I just want to make one comment, I do not want to answer Vice Mayor because this can go on all night. I just want to say that the comment about the 6% tax ... because state- ments have been made by the former Vice Mayor that she was the one who had the 6% defeated. CLW Massaro: I was. PA10 /11 2/87 /Pw �l E fl I Mayor Hart: When this went to the Public Hearings, the 6% was voted on by the public, until they found out that it would include all ... possibly all utilities. Then the decision was made to support the garbage fee instead of the 6%. C W Massaro: Who brought it out, Mayor? Mayor Hart: But the 6%... C/W Massaro: Me. V/M Stelzer: I did. Mayor Hart: All right let's go. Further Council discussion? CZB tein: By the way ... for the record...I am happy that C/W Massaro likes things for the record. I have a circular here which says that this administration imposed the garbage fee. If your pride of authorship, please be honest for a change, Mrs. Massaro.... C1.W Massaro: Why don't you stop your nonsense...... C/M Stein: Now it is nonsense.... now we can not put it on the record. �UK--Massaro: Because you are lying. C MStein: I am lying? C assaro• Yes. C(M Ste -in: I make this statement and you challenge, that you made the Motion and Gottesman Seconded, to put on the present garbage fee and you just said 5 minutes ago that you opposed any other fee, now you say you did not do it. That is normal, that is okay, tomorrow you will say we did not have a meeting here. CZW Massaro: Compare... compare the $6 a month garbage fee with what it would of cost you for telephone, electric, water and sewer, 6% a month. Figure it out folks, what you would have been paying. Mayor Hart: All right ... let us go on. C/M Gottesman, you want to say something, go ahead. C M ZQttesman: Well, there was an implication that it would include that. Mayor Hart: it could. AIM Stein: It could, not it would. The proposed budget did not. CZM Gottesman: The point is though ... that we find that if we are in trouble, next September, I would like to have some insurance that we would not go to adding this cost of garbage disposal collection to the ad valorem tax. C/M Stein: Why not? C M ottesman: Why not? Because it would be taxed at the rate of what your property is valued and not what it cost the 10 individual homeowner. You know that. R Stein: Let the people decide what they want to do. Ma K Hart: Let us go on. At next year's budget we will discuss it at the time. END OF VERBATIM TRANSCRIPT VOTE: ALL VOTED AYE 2/11/87 /pw L 10. MOTION TO ADOPT Te _Reso___J_450.0 granting a temporary exception in lieu of satisfying the platting requirements in Chapter 20 of the Code for the 4100 WEST COMMERCIAL BOULEVARD BUILDING. SYNOPSIS F ACTION: APPROVED. VOTE: RESOLUTION NO. R--87--54 PASSED. City Attorney Applegate read T—epp,_.Rego_,_ #4500 by title. Thelma Brown, City Planner, said the 4100 Building was an existing building and one corner of the existing property had not been platted. She said for the developer to get a building permit, it was necessary to waive the platting provision. Ms. Brown said Broward County has approved the platting and Staff recommended approval. C/W Massaro MOVED to APPROVE Temp._Reso. #4500, SECONDED by C/M Gottesman. Ggne-ral_ Adpinist1atiye ALL VOTED AYE 11. MOTION TO ADOPT Temp. Reso. #4507 authorizing the appropriate City Officials to execute Amendment #2 to the agreement between the City of Tamarac and Miller & Meier, Architects, pertaining to the MUNICIPAL POLICE FACILITY. SYNOPSI5 OF ACTION: APPROVED. TE: RESOLUTION NO. R-87-55 PASSED. City Attorney Applegate read Temp. Reso. #4507 by title. City Manager Kelly said there had to be changes of the cost because of the redrawing of the electrical and sizing of the building. C/M Stein MOVED to ADOPT Temp. Reso.#4507, SECONDED by V/M Stelzer. C/W Massaro asked Mr. Kelly if the changes had been the fault of the architect and Mr. Kelly replied, no. Finance Department ALL VOTED AYE 12. MOTION TO A PT Te so. #4489 accepting the Annual Financial Report prepared by Touche Ross for Fiscal Year 1985/86. BYNOPSIS OF ACTION: APPROVED as amended. RESOLUTION NO. R-87-56 PASSED. City Attorney Applegate read Tgmp_ eso #4489 by title. V/M Stelzer MOVED to ADOPT Temp_, Reso. #4489, SECONDED by C/M Stein. C/W Massaro asked why Council would be approving the Financial report. She said she would like the Resolution changed deleting in Line 1 of the Title "approving and". City Attorney Applegate asked the City Clerk to record the change in the Title, and, in the third Whereas clause, Line 11, deleting "approve and" and Section 1, Line 17, change "adopted" to read "accepted". VOTE: ALL VOTED AYE PAGE 12 2/11/87 /Pw 0 7 f1 I 13. MOTION TQ ADOPT Temp. Reso. #4490 authorizing the investment of City funds in the Local Government Surplus Funds Trust Fund Investment Pool. SYNOPSIS OF ,ACTZOB: APPROVED. RESOLUTION NO. R-87-57 PASSED. City Attorney Applegate read Temp. Roso. #4490 by title. * C/M Stein MOVED to ADOPT Temp. Reso.,_#4490, SECONDED by V/M * Stelzer. C/M Stein said the Public voted by referendum in November, 1986, to permit this action. C/M Gottesman read a memo received by Ray Munitz, Chairman of the Investment Advisory Committee, which stated, "no investment should be made in the Florida State Investment Pool until the question of security had been clarified". He . suggested this Item be Tabled until clarification has been given by the Investment Advisory Committee. Mayor Hart asked if the Investment Advisory Committee had the right to overrule a referendum and C/M Gottesman said he would like to hear from the committee in case there would be money lost. * C/M Gottesman MOVED to TABLE this Item until updated * information could be obtained from the Investment Advisory * Committee. C/M Gottesman WITHDREW his MOTION for a question * asked by C/W Massaro. C/W Massaro asked City Attorney Applegate if Council could Table this Item for the Insurance Advisory Committee's updated information. She said she would like to hear the results for the public and Mr. Applegate replied he did not believe the Insurance Advisory Committee could make a decision on a referendum. C/M Gottesman MOVED to TABLE this Item, and the MOTION DIED for lack of a SECOND. ,VOTE: C/W Massaro - Aye V/M Stelzer - Aye C/M Gottesman - Nay C/M Stein - Aye Mayor Hart - Aye 14. a) MOTION TO ADOPT _,Temp. Res 4488 approving and authorizing execution of an Amendment to the Bond Sale and Purchase Agreement with the Bank of Tamarac (NCNB) entered into on 6/5/75 pertaining to banking services. b) MOTION TQ.A-DIBORIZE the City Manager to competitively bid for depository services and to notify NCNB Bank of the City's intent to do so (tabled on 1/27/87). SYNOPSIS OF_ ACTION: APPROVED a) and b). RESOLUTION NO. R-87-58 PASSED. a) City Attorney Applegate read Temp._ Reso. #4488 by title. C/W Massaro asked City Manager Kelly to explain the purpose of this request and City Attorney Applegate replied the amendment had been required because there was an existing Bond Sale Purchase Agreement between the City of Tamarac and the predecessor to NCNB. C/W Massaro said the Ordinance would continue that Agreement and Mr. Applegate said the Amendment would relate to the bond sale. PAGE 13 2/11/87 /pw C/W Massaro MOVED to TABLE this Item for further inform- ation. (There was not SECOND to this MOTION). C/M Stein said C/W Massaro was asking what was left of the original provision of the bonds and the only amendment would be the clause that names NCNB as the sole banking service being eliminated. City Attorney Applegate said he would not allow Council to approve going to bid without the provision being deleted from the agreement. C/M Stein MOVED to ADOPT Temp. Reso._#4488, SECONDED by V/M Stelzer. VOTE: ALL VOTED AYE b) C/W Massaro MOVED to APPROVE this Item, SECONDED by V/M . Stelzer. yQTE: ALL VOTED AYE Personnel Dgpartment 15. MOTIQX TO ADOPT ZeMp. R so. #4491 authorizing execution of a contract with The Fraternal Order of Police (FOP) for the period of 10/1/86 through 9/30/88. ,5 Y.TQPB I,5 OF ACTION APPROVED. RESOLUTION NO. R-87-59 PASSED. City Attorney Applegate read Temp. Reso.491 by title. V/M Stelzer MOVED to ADOPT Temp. Reso. #4491, SECONDED by C/W Massaro. VOTE: ALL VOTED AYE 18. QUR PUBL g FORUM - Any member of the public who wishes to address the City Council at this time must, in advance of the item, give his/her name and address to the City Clerk. SYNOPSIS OF ACTION: M 1 nie a nolds questioned what building would be erected by the City on Land Section 7. AAron Heller suggested a time certain be maintained at Council meetings for the open public forum. He suggested Tamarac become involved with a mutual program for ambulance service with other cities and noted a need for adequate street lighting in Section 12. John Colby concurred with Mr. Heller regarding the need for adequate street lighting in Section 12. TAPE 4 REPORTS 19. City Council- Mayor Hart said the Resolution passed regarding the middle school had been forwarded to the School Board and would take time to hear the results. He announced that Representative Peter Deutsch, Senator Weinstein and Representative Titone would be making a presentation before Council on March 25, 1987 at 9:00 A.M. Mayor Hart read a letter from the Florida House of Representatives regarding to the sales tax on professional fees. 20. City Manager- Mr. Kelly announced the ground breaking ceremony for the Tamarac City Hall Complex would be held on February 25, 1987 at 10:30 A.M. 21. City Attorney- No Report. PAGE 14 2/11/87 /Pw 1 Mayor Hart adjourned the meeting at 9:25 P.M. 7 BERNA B HART MAYOR - CAROL E .� BARBUTO CITY CLERK kohis public document was promulgated at a cost of $134.74 or $3.72 per py to inform the general public and public officers and employees about recent opinions and considerations by the City Council of the City of Tamarac." 0 11 CITY OF TAMARAC APPROVED AT MEETING OF 3/// / 9-'7 2/11/87 /pw 0 G x x cr 1 I 1 i I a O j � N � C• i I S H p a I � I 1 I1 1 r N I I I .. Q O I � 1 1 O d 1^+ O O r� 9 w W Q N q �D 1 1 w �D V� .p 1 1 f � � � w � i o c a c r� I-j H rn U I N O O N � � O � t• i I� 14