HomeMy WebLinkAbout1985-02-27 - City Commission Regular Meeting Minutesrq
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P.O. BOX 25010
TAMARAC, FLORIDA 33320
FIRST CLASS MAIL
CITY OF TAMARAC
CITY COUNCIL
REGULAR COUNCIL, MEETING
WEDNESDAY, FEBRUARY 27, 1985
CALL TO ORDER: 9:00 A.M.
ANNOUNCEMENTS OF TIME ALLOCATIONS - MOTIONS TO TABLE - The Chair
at this time will announce those items which have been given a
specific time to be heard, and will entertain motions from
Council members to table those items which require research.
Council may agendize by majority consent matters of an urgent
nature which have come to Council's attention after publication.
PRESENTATIONS AND AWARDS
1. Employee Service Awards - Presentation by City Manager
Johnson of five-year pins to GEORGE LOMAX and JOHN TARIBO,
Utilities West -Operations, LILLIAN MARCUS, City Clerk's
Department, and MARLA STAAB, Police Department.
2. James Kane - Presentation by Mayor Kravitz to James Kane of
a Certificate of Appreciation and a plaque for his service
on the Board of Adjustment.
BOARDS AND COMMITTEES
3. Redistricting Committee - Temp. Reso. #3523 - Discussion and
possible action to discharge this committee pursuant to
Section 6.03 of the Charter.
4. Welcoming Committee - Temp. Reso. #3490 - Discussion and
possible action to appoint two (2) members (tabled from
2/13/85).
5. Public Information Committee - Temp. Reso. #3521 - Dis-
cussion and possible action to appoint one (1) member.
6. Recreation Board - Temp Reso. #3522 - Discussion and pos-
sible action to appoint one (1) member.
7. Veterans Affairs Committee -- Discussion and possible action
on:
a) Acceptance of resignation of Hildegard Goldmann.
b) Appointment of one (1) member - Tem . Reso. #3515
(vacancy announced 2/13/85).
- Planning Commission - Temp. Res_o. #3415 - Discussion and
possible action to appoint one (1) alternate member.
9. Golf Feasibility Committee - Report by Councilman
Jack Stelzer. Discussion and possible action.
10. Charter Review Board - Announcement of vacancies
this board.
2/L//ti7 pg L'i
res.byC/M to
ohn Taribo &
illian Marcus
2/27/85 pg 3
V/M Stein made
pres.of Cert.&
Chairman of Bd
pf Adj .made pre.-
of Dlaaue.
7 85 pg 3,4
APPROVED w/
end.on Line 2
/27/85 pg 4
ABLED for rec-
rmend. of Chai-
/�//� pg 4
kPPROVED appt . o
Herman Shulman
to ex .5/11/85
� pg
TABLED for rec-
ommend. of Chai
man.
2/27785 pg ,5
a)ACCEPTED resi
of Hildegard
Goldmann.b)APP=
ROVED appt.of
Irving Zucker t
exp. 5/11/85
85 pg
TABLED
L/L,//t5D pg 10,
existing on Attach.l, Rpt.
given.
pg
If anyone is interested in serving on this board, please Announc.of vac.
contact the City Clerk's office for an application. made
CONSENT AGENDA
PAGE TWO
2/27/85
11.
Items listed under Item #11, Consent Agenda, 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.
a) Minutes of 1/2/85 - Special Meeting - Approval recommend-
ed by City Clerk.
b) Minutes of 2/20/85 - Public Hearing/Special Meeting -
Approval recommended by City Clerk.
c) Minutes of 2/20/85 - Special Meeting - Approval recommend
ed by City Clerk.
d) Shailer, Purdy & Jolly - Counsel for contraband forfei-
tures - Services for January, 1985 - $805.82 - Approval
recommended by City Attorney.
e) The Investment Counsel Company - Services for 1/l/85
through 3/31/85 - Employee Pension Plan - $2,775.85 -
Approval recommended by Pension Board.
f) Utilities West:
1) Authorization for the sole source repair of No. 7
Hoffman Blower by Florida Pump and Motor in the
amount of $5,731.70.
2) Authorization for Com-Ad Associates to design and
prepare bid specifications for a communications system
for the proposed office facilities at a rate of
$50.00 per hour in an amount not to exceed $1,990.00.
3) Payment to James M. Montgomery, Consulting Engineers,
Inc. - Invoice 51262 - 12/5/84 - $1,984.07
Approval recommended by Utilities Director/City Engineer.
g) Management Efficiency Study:
1) Approval that $15,000.00 from line item account
001-872-581-901 of the budget named Contingency be
transferred to line item account 001-110-512-310 named
Professional Services. The balance in the account
from which the monies are transferred was $389,000.00
prior to the transfer and $374,000.00 subsequent to
the transfer. The amount of money in the account to
which the monies are to be transferred was $12,397.49
prior to the transfer and $27,397.49 subsequent to the
transfer.
2) Payment to Cody & Associates, Inc. - 2/4/85 -
$3,500.00 - Approval recommended by City Manager.
h) Parks and Recreation Department - Authorization to pro-
cure two (2) pick-up trucks, under State bid, from
Peacock Dodge in the total amount of $14,084.20 -
Approval recommended by City Manager.
i) Authorization for the sole source procurement of a
Computer memory and disc with controller from Microdata
Corporation in the amount of $43,200.00 - Approval
recommended by City Manager.
j) Woodmont Tract 64 - Cash Demolition Bond Release -
Approval to extend the tabling action to a future meeting
as requested by applicant's attorney.
GENERAL ADMINISTRATIVE/FTNANCTAL
12. Broward League of Cities Business - Discussion and possible -
action.
/27/0 pg 5, 6 i
)thru j) APP-
OVED
a
2/27/85 pg 22.
No further r t-,
PAGE THREE
2/27/ 5
13. Audit Report for Fiscal Year 1983/84 - Discussion and pos- 2/27/$5 pg 6
sible action on: 6a-6j.
a) Presentation by Touche Ross & Co. a)Rpt.given
b) Adoption of this report by Temp. Reso. #3524 )&c) APPROVED
c) Payment to Touche Ross & Co, in the amount of $16,800.00
for services rendered in connection with this report
(tabled from 2/13/85).
14. Public Officials Liability Insurance - Discussion and possibl
action oa--szta-f-f--to-Tejeera-13.-b4,ds-Tee e-ived
aesl- atz o tee-- Elie- C3-t-j- ma1q-ageT-7 - eT-bps- des g iee ; - -te- tlegot4�ate
3a- vfle-r- t ag3e-i� e-e=veage : to award a bid for insuranc
coverage for Bid- #85-1.
15. Tamarac Park - Discussion and possible action on:
a) Recreation Building - Tem . Reso. #3525 - Approval of
award of a bid and of a contract for construction of this
facility.
b) Final payment to J.P. Electrical Contractors Corp. for
lighting projects at Ballfields #1 and #2.
16. 1985 Street Resurfacing Program - Discussion and possible
action to authorize the Engineering Department to resurface
certain streets (tabled from 2/13/85).
17. Woodmont Tract 73 - Discussion and possible action to
reimburse Villas at Woodmont 73 Association the amount of
$1,572.50 pursuant to the terms of an Engineering Agreement
with the City for regrading of certain driveways to
alleviate drainage problems.
18. Woodmont Tract 55 - Discussion and possible action on a
request from The Pines at Woodmont Condominium Association,
Inc., for City assistance regarding drainage problems of
certain unit owners.
19. Municipal Complex Review and possible action.
TAMARAC UTILITIES WEST
20. Consulting Engineering Services - Temp. Reso. #3544 - Dis-
cussion and possible action to approve a contract with
Names M. Montgomery, Consulting Engineers, Inc., for these
services.
21. Relocation of Wastewater Treatment Plant - Discussion and
possible action on report by CH2M Hill concerning Evaluation
of Alternatives to Relocate the TUW Wastewater Treatment
Plant to Land Section 7.
22. Turnpike Utility Relocation - Project 84-9 - Temp. Reso.
#3528 - Discussion and possible action to authorize the
appropriate City officials to execute a Utility Relocation
Agreement with Florida Department of Transportation for this
work.
23. Bid Award - Temp. Reso. #3519 - Discussion and possible actic
to award a bid for Operations office building, Project 84-17.
24. Bid Award - Temp. Reso. #3520 - Discussion and possible actio
to award a bid for a lime sludge retaining wall, Project 84-2
5. Back Charge Rates - Temp. Reso. #3526 - Discussion and pos-
sible action to revise the rates charged for the performance
of work by the City on private property.
26. Revised Site Plan - Temp. Reso. #3527 - Discussion and pos-
sible action on a revised site plan to reflect replacement of
the existing office building and additional parking.
2/27/85 pg 6,7
Bid awarded to
Admiral Ins.
Agency for
$16,158.00
2/27/85 pg 7,8
a)Bid awarded
to Geo.Feld &
Assoc. for
$195,950.00.
b)APPROVED pmt
for field #1
for $19,319.20
Field #2 to be
on next agenda
7 pg
TABLED at C/M
re uest.
2/27/85 pg 2
TABLED to 3/13
tg at C/11 req
2/27/85 pg 15,
16.Staff dir.
to draft propo
al w/cost est.
for Council aD
2/27/85 pg 9-
12.APPRVD pro
posal of M.&M.
exp.of$10,000.
to revise dray
ings.Craven &
Thompson auth
to revise plai
for max.0300.
2/27/85 pg 1
APPRVD as AmeL
2 5 pg1333
15.Rpt & slid:
by CH2M Hill.
2/27/85 pg 17
18. APPROVED
2/27/85 pg 18
APPRVD to Mar
sten Leasing
Cor . $116,05'
pg 18
APPRVD to K.
Herron & Sons
for $1/,300.
5 pg 118
APPROVED
2/27/85 pg 19
APPROVED
TAMARAC UTILITIES EAST
PAGE FOUR
2/27/0
27. Tamarac Lakes Collection System - Project 84_-5 - - Temp. Reso.
#3529 - Discussion and possible action to accept a grant
offered by the Florida Department of Environmental Regulation
in the amount of $113,261.00.
LEGAL AFFAIRS
28. Emergency Expenditures - Temp. Ord. #1168 - Discussion and
possible action to establish guidelines and procedures for
emergency expenditures by the City Manager pursuant to
Section 7.12 of the Charter. First Reading.
29. Acting City Mana er - Temp. Reso. #3531 - Discussion and
possible action to designate an Acting City.Manager in the
absence of the City Manager.
30. Bikeways - Tem . Reso. #3530 - Discussion and possible action
to endorse the construction of bikeways in future Broward
County road construction projects.
PUBLIC HEARINGS - 2:00 P.M.
31. Alfred L. and Aviva Cohen - Special Exception Petition
#1-Z-85 - Temp. Reso. #3532 - Discussion and possible action
on a request for special exception to allow a restaurant to
be known as Cafe Continental in Bays 19 and 20 at 3 Lakes
Plaza, 3150 W. Commercial Boulevard, which is zoned B-2
(Planned Business).
32. Alfred L. and Aviva Cohen - Special Exce tion Petition
#2-Z-85 - Tem . Reso. #3533 �- Discussion and possible action
on a request for special exception to allow on -premises
consumption of beer and wine at the proposed Cafe Continental
restaurant in Bays 19 and 20 at 3 Lakes Plaza, 3150 W.
Commercial Boulevard, which is zoned B-2 (Planned Business).
33. Colony West Associates - Rezoninq Petition #3-Z-85 - Temp.
Ord. #1169 - Discussion and possible action to rezone the
Shops of Tamarac Shopping Center (less the lands and build-
ing owned by Broward County for a Library) from B-1
(Neighborhood Business) to B-2 (Planned Business). First
Reading.
a) Acceptance of Affidavit of Publication, Affidavit of
Mailing and Affidavit of Posting.
b) Consideration of application.
COMMUNITY DEVELOPMENT
34. Woodmont Tract 67 - Revised Site Plan - Tem . Reso. #3545 -
Discussion and possible action on a revised site plan
reflecting a new mix of units and a new developer.
35. Lakes of Carriage Hills - Discussion and possible action on:
a) Revised Site Plan for four-story buildings - Temp. Reso.
#3536
b) Third Amendment to Water and Sewer Developers Agreement
c) Agreement regarding water retention areas
d) Renewal of a sign waiver granted for a temporary direc-
tional sign at the northeast corner of Commercial Boule-
vard and Rock Island Road - Temp. Reso. #3537
2/27/85 pg 1,2
TABLED to 3/13
at C/A req.
2/27/85 pg 2
TABLED to
3/13 at C/A1
reci .
2/27/85 pg 21,
22. APPROVED
David Wayne
Heffner as Act-
ing C/M
2/27/85 pg 22—
APPROVED
2/27/85 pg 19
APPROVED. Affi-
davit ACCEPTED
2/27/85 pg 19,
20. APPROVED
Affidavit ACCEF
TE D
2/27/85 pg 20,
21. a) ACCEPTEI
b) APPROVED 1st
reading
2/27/85 pg 1, 8,9
a). APPROVED b)
Agend.byCons.APPR
W & S Agree.to
Park West st
Co of Ill.
77T77 5 P g —
24-25. a)APPRVI
b)APPRVD $675.
for 2/ 3 ERC foz
sewer presentee
APPROVED
APPRVD 3 /10/ 8E
to exp.3/10/86�
PAGE FIVE
2/27/05
36. Spyglass - Revised Site Plan - Temp. Reso._#3538 - Dis-
cussion and possible action on a revised site plan to allow
all unit owners to receive building permits for front, side
and rear yard roofed enclosures provided they are not placed
in any setback or easement.
37. Woodmont Tracts 74/75 - Revised Site Plan #6 - Temp. Reso.
#3539 - Discussion and possible action on Revised Site Plan
#6 to reflect change of envelope for Buildings 5-A and 5-B.
98. Lake Colony (Brookwood Gardens) - Model Sales Facility - Dis-
cussion and possible action to approve a model sales permit
and waiver of the 300-foot distance requirement for certifi-
cates of occupancy for,Units 30, 31 and 32.
39. Piccadilly Cafeteria - Discussion and possible action on:
a) Acceptance of 15-foot sanitary sewer utility easement -
Temp. Reso_ #3534
b) Acceptance of the Bill of Sale for the water distribution
and sewage collection system improvements - Temp. Reso.
#3535
40. Lakeside Plaza - Warrant Bond - Temp. Reso. #3542 - Dis-
cussion and possible action regarding disposition of a
warranty bond posted for public improvements.
41. Tamarac Town Square -- Warranty Bond - Temp. Reso. #3543 -
Discussion and possible action regarding disposition of a
warranty bond posted for public improvements.
42. Coldwell Banker - Sign Waiver - Temp. Reso. #3540 - Dis-
cussion and possible action to renew a sign waiver granted
for a temporary ground sign at the Colony Springs Profession-
al Building, 8333 West McNab Road.
43. Kings_Point - Sign Waiver - Tem Reso. #3541 - Discussion
and possible action to renew a sign waiver granted pertain-
ing to number, size and location of four community direction
al signs.
44. Treehouse Apartments - Model Sales Facility - Discussion and
possible action to renew a model sales permit and waiver of
the 300-foot distance requirement for certificates of
occupancy (tabled from 2/13/85 agenda)
2/27/85 pg 25,
26. APPROVED
w/conditions
2/27/85 pg 26
APPROVED
2/27/85 pg 27
APPRVD from
2/27/85-8/27/85,
2/27/85 pg 22-
23. a) & b)
APPROVED
85 pg 17
ABLED for 1 mo
/27/85 pg 23
PPRVD calling
and in amt.of
38,958. if re -
airs not com-
lete or ektend
y 2/27/85.
/27/85 pg 23
PPRVD 2/22/85-
/22/86
Pg 23
PPRVD 3/23/85
to 3/23/86
!/27/85 pg 26
PPRVD from
_/27/85 to 7/ 27,
85.
45. Lyons Commercial Subdivision No. 3 - Discussion and possible /27/85 pg 1
action to cancel a Water and Sewer Developers Agreement for REMOVED from
agenda at C/A
Lots 15 and 16 of Block 11. request
46. Edgewater Village - Model Sales Facility -- Discussion and
possible action to renew a model sales permit and waiver of
the 150-foot distance requirement for certificates of
occupancy.
47. 3 Lakes Plaza - Revised Site Plan - Temp. Reso. #3547 - Dis-
cussion and possible action on a revised site plan for the
proposed Continental Cafe Restaurant reflecting the addition
of a dumpster and a parking space.
EPORTS
8. City Council
49. City Manager
L/L//bD pg L/
APPRVD from
3/12/85 to
9/12/85
2/27/85 pg 21
APPROVED
2/27/85 pg 27
10.
50. City Attorney 12/27/85 pg 27
PAGE SIX
2/27/85
PUBLIC HEARINGS - 5:05 P.M.
51. Zoning Regulations - Temp. Ord. #1004 - Discussion and pos-
sible action to amend Section 28-1 of the Code to add the
Florida Statute definitions of "Special Exception" and
"Variance" and to amend Section 28-194(d) by substituting
"Variance" for "Special Exception". First Reading.
/Z//bD pg Zt5,
9. APPROVED
st reading
52. Off-Steet Parking Requirements - Temp. Ord. #1022 - Dis-
cussion and possible action to amend the off-street parking
requirements in Code Section 18-5(12) for clubs, community
centers or recreation centers, public and private, commercial
swimming pools and spas, and in Section 18-5(41-b) for
multiple -family dwellings (three or more units). First
Reading.
2/27/85 pg 29,
30. APPROVED
1st read. sizbj
to effecti
date provi ed'
before 2nd at'•
53. Subdivision Improvements - Temp. Ord. #1114 - Discussion and
possible action to amend Sections 24-10, 24-30, 24-32, 24-33
and 24-34 of the Code pertaining to construction of canal
and lake side slopes. First Reading.
2/27/85 pg 30-
32. APPROVED
1st read, as
revised 2/6/85
54. Zoning Regulations -- Temp. Ord. #1159 - Discussion and pos-
sible action to amend Section 28-27.2 of the Code, "Table
of Miscellaneous Residential Zoning District Requirements",
by amending the minimum net floor area for multiple -family
residential districts. First Reading.
55. Zoning Regulations - Temp. Ord. #1163 - Discussion and pos-
sible action to create Article XVIII in Chapter 28 of the
Code to establish a B-7 Business/Hotel District. First
Reading.
City Council may consider and act upon such other business as may
come before it.
Pursuant to Chapter 286.0105, Florida Statues, if a person
decides to appeal any decision made by the City Council with
respect to any matter considered at such meeting or hearing,
he may need to ensure that a verbatim record of the proceedings
is made which record includes the testimony and evidence upon
which the appeal is based.
CITY OF TAMARAC
601,Cg e�9z��
Carol E. Barbuto
Assistant City Clerk
Following are the residential and commercial zoning districts in the City:
R-1
- Single Family Residence
B-2
- Planned Community Business
R-IB &
B-3
- General Business
R-IC
- One -Family Dwelling
B-5
- Limited Business District
R-2
-- Two -Family Dwelling
B-6
- Business District
RD-7
- Two -Family Dwelling
S-1
- Open Space/Recreational
R-3U
- Row House
I-1
- Institutional
R-3
- Low Density Multiple Dwelling
M-1
- Light Industrial
RM-5
- Residential Multi -Family
M-2
- Medium Industrial
Dwelling
A-1
- Limited Agricultural
RM-10
- Planned Apartment
A-5 -
Agricultural/Excavation
R-4A -
Planned Apartment
T-1 -
Trailer Park District
R-5 -
Motel/Hotel
B-1 -
Neighborhood Business
2/27/85 pg 32-
33. APPROVED -
1st read. subj.
to adjustment
of sq.ft.at 2nc
read.Effec.datt
to be deter.
before adontiox
2/27/85 pg 34-
38. APPRVD 1st
read. subj to
rpt of P.C.&
Ord.includ nec.
for traffic
stdy in final
form.
1
-.1
P-1
PAGE
2/ 27
PROCLAMATION
56. Proclamation for Physical Fitness - Presentation by V/M
teen of a proclamation designating the week of March 1
through March 9, 1985 as "Physical Education and Sports
Week." (Agendized by consent)
GENERAL ADMINISTRATIVE/FINANCIAL
57. Alan Ruf Invoice - Discussion and possible action.
(Agendized by consent)
EVEN
2/27/85 pg 2,3
V/M Stein
presented proc
to Don Clark,
Suprv. for
Brwd Cty Sch.
Bd.
2/27/85 pg 17,
28.APPROVED
for $2,067.00
for serv.
CITY OF TAMARAC, FLORIDA
REGULAR CITY COUNCIL MEETING
February 27, 1985
Tape 1 CALILTO ORDER: Vice Mayor Sydney M. Stein called the meeting to
order on Wednesday, February 27, 1985 at 9:00 A.M. in the Council
Chambers at City Hall.
BQLL CALL: RUSENT :
Vice Mayor Sydney M. Stein
Councilman Jack Stelzer
Councilman Raymond J. Munitz
Councilman Allan C. Bernstein
ABSENT AND.. EXCUSE :
Mayor Philip B. Kravitz
ALSO- PRESENT:
Elly F. Johnson, City Manager
Jon M. Henning, City Attorney
Carol E. Barbuto, Assistant City Clerk
Patricia Marcurio, Secretary
MEDITATION ANI) PLEDGE Of_ALLEGIANCE: Vice Mayor Stein called for a
Moment of Silent Meditation followed by the Pledge of Allegiance.
45. - Discussion and possible
action to cancel a Water and Sewer Developers Agreement for
Lots 15 and 16 of Block 11.
,S NOPSIS QF_ACTION: REMOVED
from the agenda at the request
of the City Attorney.
C/M Stelzer said the City Attorney requested this item be REMOVED
from the agenda and he so MOVED, SECONDED by C/M Bernstein.
34 • Wooftgat Tract 62 - Revised ,5t& Plan #3545 - Discussion and possible action on a revised site plan
reflecting a new mix of units and a new developer.
SYNOPSIS OF, ACTION:
b) Water and Sewer Agreement
Assignment - Agendized by Consent.
(See Pages 8 & 9)
C/M Stelzer said the City Attorney requested a b) portion to this
item concerning the Water and Sewer Agreement Assignment and he so
MOVED, SECONDED by C/M Munitz.
27. T =xac Lakeg Cgllect:7.gn-Sygtem - Proigct 84-5 -- Tomp.
Rego #3529 - Discussion and possible action to accept a grant
offered by the Florida Department of Environmental Regulation
in the amount of $113,261.00.
InaSIS OF ACM -ON: TABLED
the 3/13/85 Council meeting
at the request of the City
Attorney.
1
2/27/85
/pm
Mr. Henning requested this item be TABLED to the 3/13/85 Council
meeting and C/M Munitz so MOVED, SECONDED by C/M Stelzer.
28. Emeraencv Expenditures - Temn. Ord, #1168 - Discussion and
possible action to establish guidelines and procedures for
emergency expenditures by the City Manager pursuant to Section
7.12 of the Charter. First Reading.
SYNOPSIS OF ACTION: TABLED
to the 3/13/85 Council meeting
at the request of the City
Attorney.
Mr. Henning said this is not ready and he requested TABLING to the
3/13/85 Council meeting. C/M Munitz so MOVED, SECONDED by
C/M Bernstein.
17.
imburse Villas at
$1,572.50 pursuant
with the City for
drainage problems.
SYNOPSIS OF ACTION: TABLED
to the 3/13/85 Council meeting
at the request of the City
Manager.
- Discussion and possible action to re-
Woodmont 73 Association the amount of
to the terms of an Engineering Agreement
regrading of certain driveways to alleviate
City Manager Johnson requested this item be TABLED to the 3/13/85
Council meeting and C/M Munitz so MOVED, SECONDED by C/M Bernstein.
56. Procjamati_0n for Physical_ Fitness - Presentation by V/M Stein
of a proclamation designating the week of March 1 through March
9, 1985 as "Physical Education and Sports Week".
SX,NOPSIS OF ACTION: Agendized by Consent.
(See Page 3).
C/M Stelzer MOVED to Agendize by Consent presentation of a proclama-
tion for Physical Fitness, SECONDED by C/M Munitz.
1. Employee Service Awards - Presentation by City Manager
Johnson of five-year pins to GEORGE LOMAX and JOHN TARIBO,
Utilities West Operations, LILLIAN MARCUS, City Clerk's Depart-
ment, and MARLA STAAB, Police Department.
Presentation was
made by City Manager Johnson of five-
year pins to John Taribo of Utilities West
Operations and Lillian Marcus of the City
Clerk's Department.
2
2/27/85
/pm
: Cont'd.
George Lomax of Utilities
West Operations and Marla Staab of the Police
Department were not present.
City Manager Johnson presented five --year pins to John Taribo of the
Utilities -Operations and Lillian Marcus of the City Clerk's Depart-
ment. George Lomax of Utilities -Operations and Marla Staab of the
Police Department were not present.
2. James Kane - Presentation by Mayor Kravitz to James Kane of a
Certificate of Appreciation and a plaque for his service on the
Board of Adjustment.
V/M Stein
presented a Certificate of Appreciation
to Mr. Kane and Edward Rockwell, Jr.,
Chairman of the Board of Adjustment,
presented Mr. Kane with a plaque from
the Board.
V/M Stein presented a Certificate of Appreciation to Mr. Kane for
his service on the Board of Adjustment and Edward Rockwell, Jr.,
Chairman of the Board of Adjustment, presented Mr. Kane with a
plaque from the Board.
PBQCLANATION
56. Presentation by V/M Stein
of a proclamation designating the week of March 1 through March
9, 1985 as "Physical Education and Sports Week".
V/M Stein
presented the proclamation to
Don Clark, Physical Education
Supervisor for the Broward County
School Board.
V/M Stein presented a proclamation designating the week of March 1
through March 9, 1985 as "Physical Education and Sports Week" to
Don Clark, Physical Education Supervisor for the Broward County
School Board.
Mr. Clark commended Mr. Bromfield, Physical Education Instructor of
Tamarac Elementary School, and Sharon Ellis, Tamarac Parks and
Recreation Director, for their work. Mr. Bromfield introduced four
fifth grade students from Tamarac Elementary School who were winners
of the President's Physical Fitness Test.
BQARDS AND COMMITTEES
3. gedigtxigtinq Comitteg -- hemp. Reso._43523 - Discussion and
possible action to discharge this committee pursuant to Section
6.03 of the Charter.
_ ACTION: APPROVED
-9 amended on Line 21, changing
date to read "February, 1985".
RESOLUTION NO. R-85-62 PASSED.
Mr. Henning read by title.
3 /
2/27/85
/pm
Mr. Henning said Line 21 should read "February, 1985". He said this
is pursuant to the Charter provision which provides that the Redis-
tricting Committee should serve until the last regular Council
meeting before the next City election, which is today.
C/M Bernstein MOVED APPROVAL of Zemp. Reg-o. #3523, SECONDED by
C/M Stelzer.
• ;.. •..r
4• - TpIlip. ReQ._„3490 - Discussion and
possible action to appoint two (2) members (tabled from
2/13/85).
SYNOPST -OF ACTION: TABLED
for the recommendation of the
Chairman.
C/M Munitz MOVED to TABLE this item for a recommendation from the
Chairman of this Committee, SECONDED by C/M Stelzer.
5• Rublic Iag-ox ► i.on Committee - T9mP, Rg, 4...- #3521 -
Discussion and possible action to appoint one (1) member.
OPSIh9,5?P_.ACTION: APPROVED RESOLUTION NO. R-85-63 PASSED.
appointing Herman Shulman as a
regular member for a term to
expire on 5/11/85.
Mr. Henning read by title.
C/M Stelzer MOVED APPROVAL of appointment of Herman Shulman to the
PIC Committee, SECONDED by C/M Bernstein.
VOTE: AL1, VOTEAYE
C/M Stelzer MOVED APPROVAL of 1=-P,_Reso._43521 inserting the name
of Herman Shulman as a regular member of this committee, SECONDED by
C/M Munitz.
6. KecreatiQ,n Board - Temp. _;peso. #3522 - Discussion and possible
action to appoint one (1) member.
1EMPSIS OF MTION: TABLED
for recommendations from the
Chairman.
Mr. Henning read Temp, geap,by title.
C/M Munitz MOVED to TABLE this item for recommendations from the
Chairman, SECONDED by C/M Bernstein.
7. - Discussion and possible action on:
a) Acceptance of resignation of Hildegard Goldmann
b) Appointment of one (1) member - Temp-._ Reso,,_ #3515
(vacancy announced 2/13/85)
SYNOP$IS OF ACTION:
a) ACCEPTED the resignation of
Hildegard Goldmann
RESOLUTION NO. R-85-64 PASSED.
4
2/27/85
/pm
SYNQPSIS OE ACT : Cont'd.
b) APPROVED appointing Irving
Zucker for a term to expire
on 5/11/85.
a) C/M Stelzer MOVED ACCEPTANCE of the resignation of Hildegard
Goldmann, SECONDED by C/M Munitz.
yQTE ; ALL VOTED AYE
b) C/M Stelzer said Irving Schneider, Veterans Affairs Committee Chair-
man, has recommended the appointment of Irving Zucker as a regular
member of this committee and he so MOVED, SECONDED by C/M Munitz.
Mr. Henning read Temp. Resg. #3515 by title.
C/M Stelzer MOVED APPROVAL of appointing Irving
Zucker as a regular member to this committee, SECONDED by
C/M Bernstein.
8. Planning Commiss!2n - Tem. Resc 415 - Discussion and
possible action to appoint one (1) alternate member.
SYNOPSIS Or ACTION: TABLED.
C/M Stelzer said there was a question as to whether or not more
alternate members are needed for this Committee and he MOVED to
TABLE this item, SECONDED by C/M Munitz.
10. Charter Review_Board - Announcement of vacancies existing on
this board.
SYNOPSIS OF ACTION: Announcement
was made of vacancies on this board
and interested parties were urged to
contact the City Clerk's office for
applications.
V/M Stein announced that vacancies are existing on this board and he
urged interested parties contact the City Clerk's office for
applications.
11.
a) Minutes of 1/2/85 - Special Meeting - Approval recommended by
City Clerk.
b) Minutes of 2/20/85 - Public Hearing/Special Meeting -- Approval
recommended by City Clerk.
c) Minutes of 2/20/85 - Special Meeting - Approval recommended by
City Clerk.
d) Shailer, Purdy & Jolly - Counsel for contraband forfeitures --
Services for January, 1985 - $805.82 - Approval recommended by
City Attorney.
e) The Investment Counsel Company - Services for 1/l/85 through
3/31/85 - Employee Pension Plan - $2,775.85 - Approval re-
commended by Pension Board.
5
2/27/85
/pm
f) Utilities West:
1) Authorization for the sole source repair of No. 7 Hoffman
Blower by Florida Pump and Motor in the amount of
$5,731.70.
2) Authorization for Com-Ad Associates to design and prepare bid
specifications for a communications system for the proposed
office facilities at a rate of $50.00 per hour in an amount
not to exceed $1,990.00.
3) Payment to James M. Montgomery, Consulting Engineers, Inc.
Invoice 51262 -- 12/5/84 - $1,984.07
Approval recommended by Utilities Director/City Engineer.
g) Management Efficiency Study:
1) Approval that $15,000.00 from line item account 001-872-581-
901 of the budget named Contingency be transferred to line
item account 001--110-512-310 named Professional Services.
The balance in the account from which the monies are trans-
ferred was $389,000.00 prior to the transfer and $374,000.00
subsequent to the transfer. The amount of money in the
account to which the monies are transferred was $12,397.49
prior to the transfer and $27,397.49 subsequent to the
transfer.
2) Payment to Cody & Associates, Inc. - 2/4/85 - $3,500.00 --
Approval recommended by City Manager.
h) Parks and Recreation Department - Authorization to procure two
(2) pick-up trucks, under State bid, from Peacock Dodge in the
total amount of $14,084.20 - Approval recommended by City
Manager.
i) Authorization for the sole source procurement of a Computer
memory and disc with controller from Microdata Corporation in
the amount of $43,200.00 - Approval recommended by City
Manager
j) Woodmont Tract 64 - Cash Demolition Bond Release - Approval to
extend the tabling action to a future meeting as requested by
applicant's attorney.
MUSIS OF ACTION: APPROVED
Items a) through j).
C/M Stelzer MOVED APPROVAL of Items a) through j), SECONDED by
C/M Munitz.
VOTE : A11, VOTED AYE
GENERAL ADMINISTRATI-VEZFINANCI,&L
13. (INSERT VERBATIM TRANSCRIPT ON THIS ITEM)
14. Publl.r,_ 0€icials_7 ial2ility Insurance --
#3548 - Discussion and possible action to award a bid for
insurance coverage for Bid #85-1.
SYNOFS OF S, lQI: RESOLUTION NO. R-$5-66 PASSED.
Awarded the bid to Admiral Insurance
Agency in the amount of $16,158.00.
The agenda was amended to read the
title as shown above.
Mr. Henning said referred to a memo from Steve Wood, Finance
Director, dated 2/25/85, to Mayor and Council, recommending that
Council revise the announcement on this item with his recommended
award. He said Mr. Wood suggested this item read, "Public Officials
Liability Insurance - Temp. Reso. #3548 -- Discussion and possible
action to award a bid for insurance coverage for Bid #85-1".
6
2/27/85
/pm
13- VERBATIM TRANSCRIPT
ape 1 the following is a verbatim transcript as requested by V/M Stein
concerning Item 13 of the 2/27/85 City Council Meeting -
Audit Report for Fiscal Year 1983/84 - Discussion and possible action
on:
a) Presentation by Touche Ross & Co.
b) Adoption of this report by Temp. Reso. #3524
c) Payment to Touche Ross & Co. in the amount of J;16,800.00 for
services rendered in connection with this report (tabled from
2/13/85).
Steve Wood: City Council, let me introduce you to Steven Cohen.
You've net him before. He's the partner from Touche Ross & Co.
He's here to respond�'t6 any questions you may have on the annual
financial report for the City of Tamarac for the year ending 9/30/84.
1
Mr. Cohen: Thank you. There are some comments I would first like to
make and some observations that I would like to discuss with you.
First of all, we did perform the audit in accordance with the require-
ments of Federal guidelines and management circular 8102 in that it
was a unified and a single audit of the City's finances and it's
Grant programs of Federal Revenue Sharing and we have rendered a
Report, a clean opinion on the City's finances and the management
of the Grant Program. We are happy to say we have found no material
weaknesses in the internal controls of the City and our Management
Letter reflects that. I would like to point out to you that tax -
type revenues were approximately $140,000.00 less than those budgeted;
however, on the good side, expenditures were almost $750,000.00
less than budgeted. The City did, however, anode into it's General
Fund balance by approximately 1 million dollars and the General Fund
balance is now down to 1.7 million dollars at the end of the latest
fiscal year. The Water and Sewer Fund generated a profit of $280,000.00
and we commend the City on that, except, we would ask that consideration
be given to looking into an adjustment of rates in light of the new
Bond issue and the expansion of the system and to make sure that the
Debt Service coverage going into the future is adequate to sustain
the refunding of the bonds and the new bonds.
The Sanitation Department, as it might be said, cost the City
approximately $750,000.00 in those services. Had it been treated
like an enterprise fund, like the Water and Sewer, those expenditures
would have probably been more than a million dollars. We would
recommend that some consideration be given to looking into the
sanitation services as a user -type services in the future. As we
are all aware, revenues are going to be more difficult to obtain
out of Washington and out of the State and the City must start looking
for other means of revenues and charging it's businesses and other
users for the user -type services it provides. Those expenditures in
terms of vehicle maintenance, vehicle replacement and just normal
recurring expenditures and interest on the bonds, had they been
properly ... not properly ... had they been allocated to the Sanitation
Department,had it been an enterprise fund, would have caused
approximately a million dollars in expendiutres.
-6A - 2/27/85
Mr. Cohen: We think some consideration should be given to at least
looking at that in the future. And I'll answer any questions that
you might have.
V/M Stein: I have a question off the top of my head. It might be
very simplistic, why did we have to dip into the General Fund to
the tune of a million dollars? What made us do that?
Mr. Cohen: Well, you budgeted dipping into the General Fund 1.9
million dollars at the beginning of the year so that was recognized
ahead of time that revenues would not be sufficient to cover...
current revenues would not be sufficient to cover current expendi-
tures and you had provided for that by using prior fund balances to
cover that. Fortunately, you didn't use as much as you had hoped.
V/M Stein: In other words, we had anticipated... we built in a deficit
which we knew we were going to have and used some of our Capital funds.
Mr. Cohen: That's correct.
V/M Stein: O.K.
Mr. Cohen: Yes.
City Attorney Henning: One question I ...just for clarification of
the record...when you're talking about the sanitation work ... is this
the Public Works Department or the...
Mr. Cohen: Garbage collection.
City Attorney Henning: O.K.
Mr. Cohen: Most cities today, most counties are now charging for those
services. It's almost a means of necessity today with revenues becoming
less and less from Federal and State sources.
City Attorney Henning: You stated that it cost us ... I think you said..
it was about $750,000.00 and yet, if it was an enterprise fund it would
generate a million dollars?
Mr. Cohen: Well, Debt Service, depreciation and so forth is not
necessarily charged when that is not enterprised as a user -type
service. So, somewhere the City will have to set aside an account
for the funds to replace the equipment, and yet, because it's not
an enterprise fund, that's not accounted for.
City Attorney Henning: So, we're going outside...
City Manager Johnson: We've got a contract.
2/27/85
I
I.
City Attorney Henning: ...outside contract. So we don't...
Mr. Cohen: You are paying ... you are paying for that through the fees
you pay. Someone's not providing that for free. Sure, yeah.
C/M Munitz: Mr. Chairman, if I may.
V/M Stein: Yes.
C/M Munitz: I understand you correctly? You are recommending that
the City consider the possibility of charging the citizens for the
garbage collection rather than what we've been doing for the past
few years, having it included in their ad valorem tax. Is that what
you are suggesting?
Mr. Cohen: I'm recommending that the City think about charging the
users and typically that the charges come more from the commercial
marketplace than the citizen marketplace for that type of service.
And, it may be an easy way to increase revenues, passing it to the
business community as the bigger user of it than through the ad
valorem process. The City has not been budgeting the revenues to
cover expenditures and I'm recommending that it consider that as an
alternative.
C/M Munitz: We go back quite a few years having the City include in
their ad valorem costs of garbage collection services to both
commercial and residential.
City Attorney Henning: No. No, no.
V/M Stein: No, no, commercial paid their own.
City Attorney Henning: Residential only.
V/M Stein: We do not provide for commercial.
C/M Bernstein: Could you go a little deeper into that question of
$750,000 vs. a million? Cause we don't have a Debt Service. We
don't have to provide for replacement of equipment. That's already
in there in the fee we're paying of $750,000. What else would it
be for?
Mr. Cohen: The establishment of an enterprise fund, the accounting
of an enterprise fund would require, like in your other enterprise
fund, the allocation of central service costs, the allocation of
City Hall costs, all those administrative functions that are not
being accounted for and yet you spend the time and effort and they
are part of the City's interest structure.
Q:i4L
2/27/85
Mr. Cohen: They are part of the City's interest structure just like
everything else and, had it been set up as an enterprise fund, there
would have been an allocation of intra-structure costs to a user -
service.
C/M Bernstein: How are those intra-structure costs allocated at the
present time?
Mr. Cohen: They are allocated in a not exactly precise manner to the
Water and Sewer Fund.
Steve Wood: Yeah, right now, for the allocations that we do provide,
we allocate based on the department's use. For example, in water/
sewer, we charge them or Central Purchasing/Stores, we charge them
for central data processing service. We charge them for administra-
tive services, that's the services of the City Council, City Attorney,
City Manager, my time for making decisions and being involved in the
operation of the Water and Sewer Utility. So, those charges are
built into the Utility West Budget and you can see those charges
as individual line items in that budget. I think what Mr. Cohen
is saying ... if we had an enterprise fund for a garbage collection
or sanitary collection, we would also allocate some of those charges
to that fund, therefore, they would be built into the charges that
the City would then charge it's residents for garbage pickup.
C/M Bernstein: Well,are most of those charges already incorporated
in the $750,000 that we pay?
Mr. Wood: No sir. We pay an outside third -party contract.
C/M Bernstein: You don't understand my question or what's behind
it. Take for example, computer time, Well, their doing the computer
work, we're not doing it.
Mr. Cohen: That's correct.
C/M Bernstein: Therefore, none of that would have to be allocated.
City Attorney Henning: Councilman... I'm sorry to interrupt you but
I think what I'm hearing here is that if Mr. Johnson assigns Mr. Hefner
to be the liaison to the garbage company and Dave Heffner spends
a half a day on some negotiation or if I spend three days writing up
the contract, or if somebody in Public Works does something, or if
Steve Wood has to work on the computer, none of that is being com-
pensated for through the contract revenues. It's a deficit. It's
not a revenue. It's costing...
C/M Bernstein: It don't add up to a quarter of a million dollars
to me.
City Attorney Henning: That's the point.
.M
2./27/85
P�
L
m
V/M Stein: C/M Bernstein, I think,that... actually, I don't know why
we're kicking the numbers around. I think that, first of all, at
this moment, it is only a suggestion that, in light of the fact that
we dipped into the treasury or our General Fund to the tune of a
million dollars, and obviously, we can't keep on doing that year
after year because we don't have that kind of money around. We are
going to have to look for some place not to have to do that. And,
their suggestion ... Touche Ross ... they're not telling us what to do,
it's just a suggestion that, like every other City, we might consider
charging our residents for garbage service. That doesn't mean we're
going to do it.
Someone from audience: Commercial.
V/M Stein: No, wait a minute, we do charge commercial. I think every-
body up here is misunderstanding... we charge for commercial right now.
So that...actually, let's get something straight, that's not in the
ad valorem that they pay. They pay separately, they have separate
companies and they pay directly, usually, to the companies. We...
our garbage contract does not include the commercial. We have
individual companies who bid the commercial on a non-exclusive basis.
I think we have three or four...or maybe more ... I don't know how many
companies here that do it. They pay us a franchise fee and that's it.
All right. Now, if ... so let's get this straight ... I think you're
all wrong. What they're suggesting is not just the commercial...
he thought that that's what we could do but we're already doing that.
If we are going to charge for garbage collection, all right, we would
then have to pass on the $750,000 that we're spending with this
private company that does our ,,,for our private citizens ... some,part
or all of it. That's what he's talking about. Am I right?
Mr. Cohen: Yes. That's part. I'm just suggesting that as often times
the case, the cost of providing those services is not precisely equal
but yet, through the ad valorem process, it's charged to owners to
real estate ... to property owners on a pro rated basis. Yet, if you
might do an analysis of what those charges cost, you may find that
it's disproportionate in certain locations and certain types of
pickups. But, yet, you're passing the cost equally across to property
owners in the ad valorem process.
C/M Munitz: Is this one of the items that will be included in your
Management Letter as a recommendation?
Mr. Cohen: Yes.
V/M Stein: O.K.
C/M Munitz: When can we look forward to having that Management Letter?
Mr. Cohen: Tomorrow.
V/M Stein: That's pretty fast.
-6E- _ 2/27/85
s
C/M Munitz: One further question. You rather quickly went through
a one sentence comment on internal control ... and, would you care to
expand on that?
Mr. Cohen: I would just care to reemphasize that in our audit, in
our review of internal controls, we found no material weaknesses that
we feel warrant bringing attention to the Commission.
C/M Munitz: But the one department that was supposed to have been an
in-depth internal control has not as yet been assigned.
Mr. Cohen: That's to take place in the spring. That's correct.
C/M Munitz: To take place in the spring. Steve, has anything been...
Mr. Wood: Well, the City Manager, per the engagement contract, will
tell the auditors which department he has selected and once the City
Manager makes that determination, then the auditors can schedule
their time to review that department.
C/M Munitz: Thank you.
V/M Stein: Florence.
Florence Bochenek: First of all, I think that...
V/M Stein: Announce your name please.
Florence Bochenek: Oh, Florence Bochenek, for
the
record. First of
all, I'd like to say that I think this is one
of
the most comprehensive
reports I've ever heard and I appreciate it.
But,
my point is ... are
you recommending that additional charges for
the
businesses? Is this
what your recommendation is?
Mr. Cohen: No. Our recommendation is that we
feel
that the City
ought to look into the entire garbage process
as
a source of additional
revenues.
Mrs. Bochenek: But not specifically for business enterprises?
Mr. Cohen: That's a City decision.
Mrs. Bochenek: Thank you.
C/M Stelzer: Syd, I have something.
V/M Stein: Yes.
C/M Stelzer: I'd like to mention ... it hasn't been brought out.
For years we've been fighting the City Council to stop stockpiling
what we call the taxpayers money and we always insisted that they
try and keep their surplus down lower. And, to stop the big stock-
piling, we had the Charter Amendment put through that there should
not be more than 10%. Now, we finally dipped into the surplus to
the tune of a million and a half for this year.
-6F- 2/27/85
1
I.
C/M Stelzer: But, you must remember that our undesignated surplus,
as they call it here, is now only 2% of our total budget, which is
very low. I just wanted to bring that out. They used to run close
to 10% all the time, now it's down to 2%. Not dangerous, but I just
wanted to point that out.
V/M Stein: No, I think that budget time is approaching... new budget
preparation and I think that we're going to have to take into con-
sideration that we cannot run with deficit spending, which we don't
have anything to have deficit spending from. We're just gonna have
to do a cash and carry deal, what we have, that's what we can spend.
We don't have any place to go get money and to run into deficit. By
law we can't do that anyway. We have to have the money. We are just
gonna have to ... when we do the budget... figure out how to do it.
Mr. Cohen: Well, by law you can deficit spend in a particular year
by budgeting any prior year surplus.
V/M Stein: That's right, but ... we're quickly running out of that.
Mr. Cohen: That's exactly right.
V/M Stein: O.K. Any other questions from the public? Yes.
Vickie Beech: Vickie Beech, resident, Section 20. At the time that
Touche Ross was being...
Someone from the audience: We didn't hear the beginning.
Vickie Beech: Vickie Beech, Section 209 resident. At the time that
Touche Ross had their engagement letter, in their presentation, they
suggested that they would make recommendation about all the departments
in the City of where the laxity has existed in the past. This is
one of the requirements that I remembered was requested by members
of the board. Are you going to do that, sir? Thank you.
Mr. Wood: That's not part of their engagement. I don't recall seeing
that in the engagement letter.
Vickie Beech: It was in the interview, Mr. Wood.
V/M Stein: All right, o.k.
C/M Stelzer: I object to the statement that ... laxity in all the
departments... which is not true.
V/M Stein: I might ... I might ... I don't think that this is Touche
Ross's job, however, the Council has authorized, at the request of
the City Manager, we're doing an efficiency survey which is in
process right now ... which we don't have any results at all.
CrOm
2/27/85
. E
V/M Stein:
I assume that if there are any departments, it
would show
up in
their report and we will read the report and give
the report
to the
public as soon as we have it. But, I don't think
the accountant
can do
that.
Vickie
Beech: I'm making the comment of when various auditors
were
being
considered... these were some of the comments that
were made
by your
sitting board ... about certain reports presented
before by
the former
company and there was extra stress placed on
the recommend-
ations
that they possibly would pursue these things and
bring them
to the
attention of the City Manager.
C/M Munitz: Mr. Chairman, if I may. Vickie, you were referring to
exactly the same thing that I asked about a few minutes ago. This
Management Letter which generally incorporates a series of recommend-
ations and suggestions on the part of the auditor which resulted after
he completed his audit. I think we can go fold up that thinking until
we see his Management Letter and see if any areas are particularly
addressed covering, not only the problem that you asked, but what I
asked, but many other areas which may come up once we see this
Management Letter.
Vickie Beech: Thank you.
ape 2 V/M Stein: Yes, Melanie.
Melanie Reynolds: Melanie Reynolds. I just want to notify the
auditors that we do pay for our garbage. They have charged us one
mil from the very beginning when the City took it over.
C/M Munitz: There's a correction necessary on that just to keep the
record straight. The cost of the residential garbage collection is
included in the monies needed in the budget and is included in the
amount of the ad valorem tax finally fixed. Whether it's one mil
or one and a half mils or a quarter of a mil it was never fixed on
the basis of an actual millage number. It was fixed on the basis of
the over-all ad valorem to cover all of the services.
V/M Stein: Is there any further discussion? O.K. I think what we're
talking about here ... so that everybody understands...somebody has to
pay the $750,000. O.K.? Nobody's going to do it for nothing. Whether
it's in your ad valorem taxes ... and so that nobody pays per household,
or, as done in other cities, where it's not part of the ad valorem
but each household pays, just like the pay the water and sewer tax.
That's a matter for decision to the Council to make when they do
their budget. However, lest anybody think that they pick the garbage
up for nothing...that's not true. All right. We pay one way or the
other. Either through ad valorem or indirect and that's up to the
Council when they take the new budget up to decide. I think what the
accountants have said is that a review of how we set these fees for
this thing is in order. I think that's what he's talking about.
1
-6H- 2/27/85
V/M Stein: The equity, whether condos are paying enough, whether
commercials are paying enough, whether householders are paying
too much... that's what he's talking about. I really think that's
exactly what he's talking... and... am I right?
Mr. Cohen: Yes, I just ... I felt it necessary to address the
in the year-to-year spending and to suggest a methodology
at may
be easier to deal with the issue.
V/M Stein: O.k., thank you. Any further discussion? O.K., now we
have adoption of the report, Temporary Resolution #3524, Mr. Henning.
City Attorney Henning: A Resolution approving and accepting the
financial statements and auditor's report prepared by Touche Ross & Co.
for the fiscal year ending September 30, 1984; and providing an
effective date.
V/M Stein: Do we have this report?
C/M Munitz: Yeah, sure.
V/M Stein: Oh, o.k. All right, I'll entertain a Motion.
C/M Stelzer: I MOVE the adoption of Temporary 3524 accepting the
auditor's report.
V/M
Stein:
Do we
have a
SECOND?
C/M
Munitz:
I'll
SECOND
that.
V/M Stein: O.K., any further discussion? Call the question.
Carol Barbuto: C/M Bernstein - Aye
C/M Munitz - Aye
C/M Stelzer - Aye
V/M Stein - Aye
C/M Munitz: C/M Stelzer just gave his age away.
C/M Stelzer: I'm not ashamed. March 16 is my birthday.
V/M Stein: Item c) payment to Touche Ross & Co. in the amount of
$16,800.00 for services rendered in connection with this report.
C/M Stelzer: Question, is that the full amount we owe now?
Mr. Wood: No. No, that's a ... the contract is authorized to $17,800.00.
This is a total of their partial billings to date. They still have a
final bill yet to deliver to the City.
-6;I-
2/27/85
U11
C/M Stelzer: I MOVE to payment of the bill.
C/M Munitz: Steve, I'm a little bit disappointed that the Management
Letter did not actually accompany the report which is usually the
procedure and I was wondering ... is there any particular reason for
this?
Mr. Wood: Well, I think that was only the procedure by Alexander
Grant, I don't think that that's a ... throughout the...a practice
normality that they deliver the Management Letter to the Council
with a Report. I ... granted that .... and you are probably used to
it because they did it. I think that if you'd like Touche to do
that in the future, I'm sure they'd be glad to do that at the same
time they deliver the Report.
V/M Stein: O.K. there's been a MOTION made and a SECOND to pay
Touche Ross the sum of $16,800.00, any objection? Call...
Carol Barbuto: Excuse me, who's the SECOND?
C/M Munitz: I will SECOND it.
V/M Stein: He SECONDED it. O.K., call the question.
Carol Barbuto: C/M Bernstein - Aye
C/M Munitz - Aye
C/M Stelzer - Aye
V/M Stein -- Aye
Mr. Cohen: Thank you.
V/M Stein: O.K.
-6.J-
2/27/85
n
u
Mr. Henning suggested a MOTION to amend the agenda to read as Mr.
Wood has recommended. C/M Stelzer so MOVED, SECONDED by C/M Munitz.
VOTE: ALL YQT9D AYE
Mr. Henning read Temp. Reso._#.U4a by title.
C/M Stelzer MOVED APPROVAL of Temp. Reso. #3548 awarding the bid to
Admiral Insurance Agency in the amount of $16,158.00, SECONDED by
C/M Munitz.
VOTE: &LL VOTED AYE.
Sy Bauer, resident of Section 21, asked what the change was in the
announcement for the bids on the liability insurance and if all the
bidders were notified of the change before the acceptance of the one
to whom the bid was awarded. Mr. Henning said the bid was not
changed. He said originally when the agenda was typed, the staff
recommendation was to reject both bids and after further considera-
tion, the staff changed their recommendation and suggested accepting
one of the two bids that were submitted.
15. _Tamarac Park - Discussion and possible action on:
a) Recreation Building - - Approval of award
of this bid and of a contract for construction of this
facility.
b) Final payment to J.P. Electrical Contractors Corp. for
lighting projects at Ballfields #1 and #2.
h9XNOPSIS OF ACTION:
a) Awarded a bid and
contract to George Feld
and Associates, Inc. in the
negotiated amount of $195,950.00.
b) APPROVED final payment to J.P.
Electrical Contracts Corp. for
lighting projects at Ballfield #1
only in the amount of $19,319.20.
Payment for Ballfield #2 to be on
the next Pre --Agenda List.
RESOLUTION NO. R-85-67 PASSED.
a) Mr. Henning read gip. Rego. #3525 by title.
City Manager Johnson said staff recommends that the bid be awarded
to George Feld and Associates, Inc. in the amount of $195,950.00.
He said there is a break -down of figures based on the basic contract
for the construction of the building as well as the Change Orders to
move the sewer line that was located underneath the building. He
said they discovered that there is a main sewer line under the
corner of the building which must be removed.
C/M Munitz MOVED APPROVAL of Tempe. Reso. #3525, SECONDED by
C/M Stelzer.
b) Mr. Henning said he contacted J.P. Electrical Contracts Corp. over a
week or two ago when they requested their payment. He said in his
memos, he asked for verification of the figures from the Finance
Department and final inspections by both the Recreation and Building
Departments. He said the Finance Department has verified the figure
for Ballfield #1 at $19,319.20 and he just received a note that
there was an inspection by the Building Department and they approved
Ballfield #1.
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2/27/85
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Mr. Henning said the Finance Department corrected the amount for
Ballfield #2 bringing the total to $20,269.52; however, the final
inspection this morning indicates that the field is not completed.
He said he would, therefore, recommend payment of Ballfield #1 only.
C/M Stelzer MOVED APPROVAL of the payment for Ballfield #1 in the
amount of $19,319.20, SECONDED by C/M Munitz.
YOTE : ALL_ VOWED_ AYE
Mr. Henning requested that Ballfield #2 be put on the Pre -Agenda
List for the next Council meeting.
CQ=NIY.,.DEVEL DEVELOPMENT
34.
43545 - Discussion and possible action on:
a) Revised site plan reflecting a new mix of units and a new
developer.
b) Water and Sewer Agreement Assignment
SYNQP IS Off_. TIQN: RESOLUTION NO. R--85-78 PASSED.
a) APPROVED.
b) Agendized by Consent. (See Page 1)
APPROVED assignment of the Water and
Sewer Agreement to Park West
Construction Co. of Illinois.
a) Mr. Henning read by title and noted that a memo
received from the Finance Department indicated that all fess are
paid on this project.
Richard Rubin, Consulting City Planner, said all projects approved
for multi -family development require that parking be consistent with
the type of bedroom mixed that is proposed in a development. He
said the City has received a request by the contract vendee for this
parcel of land to change the bedroom mix that was proposed on the
original site plan.
Mike Covelli, representative of Keith & Schnars, said originally
this plan was approved for 48 one -bedroom units and 144 two -bedroom
units. He said at that time the floor plans indicated that some of
those units had dens and, after reviewing those plans, they decided
they are not changing the floor plans of these units at all. He
said they are clarifying the point of the dens and this would make
144 two --bedroom units, 8 one --bedroom units and 40 three -bedroom
units. He said those 40 three -bedroom units had dens and they are
now being called "three -bedroom units". Mr. Rubin said staff has
verified that there is sufficient parking for 40 three -bedroom units
and staff recommends approval. He said the Fire Department had
questioned access and staff has met and resolved that item and there
is adequate access according to City Code to each building.
Mr. Rubin said staff has requested that the applicant meet with
Broward County so that they can change the impact fees required by
the County since the County bases their impact fees on bedroom mix.
C/M Stelzer asked if the parking is in conformance with
#1022 and Mr. Rubin said it is not proposed to be in conformance
with the new since this is an existing site plan
that was approved several years ago. C/M Bernstein asked if the
Parking that is being provided will be in conformance with current
standards and Mr. Rubin said yes.
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2/27/85
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L�
I
C/M Stelzer MOVED APPROVAL of , SECONDED by
C/M Munitz.
VOTE: ALL VOTED -AU
b) Mr. Henning said this Agreement and the site plan were approved in
March, 1983 and the essence of this document is to acknowledge that
there was originally, on 3/9/83, a Water and Sewer Agreement for
Tract 67 between the City and Montwood, Inc. He said subsequently,
Montwood, Inc. sold their interest to Woodmont Corp. and the new
owner is Park West Construction Co. of Illinois. He said the con-
tract provides that the City acknowledge assignments so that the
addresses are kept up -to --date for the invoices. He said there was
some question in the location of the final 1983 executed contract
and this document would ratify that 1983 contract. He said the
service is the same, the fees have already been paid and he re-
commended adoption of the Acknowledgement of Agreement to and Con-
sent of Assignment of the Water and Sewer Agreement to the Park West
Construction Co.
C/M Munitz MOVED to ACCEPT staff's recommendation, SECONDED by
C/M Stelzer.
VOTE: ALL VQTED AXE
CENEBALADMINISTEMIVEZEINANCIAL
16. Discussion and possible action
to authorize the Engineering Department to resurface certain
streets (tabled from 2/13/85)
: TABLED
at the request of the City
Manager.
City Manager Johnson requested that this item be TABLED and
C/M Munitz so MOVED, SECONDED by C/M Stelzer.
19. Municipal Complex - Review and possible action.
SYNOPSIS OF ACTION: APPROVED
the latest proposal from Miller
& Meier with the additional
expenditure not to exceed $10,000
to revise the working drawings
to reflect a new alternative site
plan with changes required to
architectural, cavil, landscaping
and lighting plans. Craven & Thompson
were authorized to revise plat at an
hourly rate of $50.00 not to exceed
$300.00 for a curb cut.
City Manager Johnson said Council received a copy of the letter he
received from Miller & Meier dated 2/21/85 regarding their concern
of the position they are in right now. He said they would like to
get direction from Council as to how to proceed, either having
Council accept the modification they made or delay any action on the
site plan and proceed with the Beautification Committee and Planning
Commission review.
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2/27/85
/pm
�l/
V/M Stein said at the last Council meeting there were some prelim-
inary changes with a cost of approximately $10,000 and Council
authorized them to proceed with those changes. Mr. Henning said no
dollars were authorized at that time. City Manager Johnson said the
changes presented at the last Council meeting were based on sugges-
tions by the Beautification Committee and Planning Commission. He
said Council declined to take any action and they asked the archi-
tects to go before both groups and they need direction now. He said
to incorporate all the changes requested by the Planning Commission
will be a major undertaking.
V/M Stein said he wanted to put on record some misconceptions.
Every step the architects have taken was approved by Council,. C/M
Stelzer said at the 2/4/85 Council meeting Council said nothing has
been approved. Craig Kenyon, of Miller & Meier, said the contract
calls for development of this project in a number of phases;
programming, schematic design, design development, working drawings,
bidding and construction. He said the contract also calls for them
to ask for Council approval' at each of those steps before proceeding
with the next step with payment at time of approval. He said those
approvals have been received in December, 1984 through the approval
of design development and authorization to start working drawings.
Mr. Kenyon said since that time they have developed working drawings
and have met with the Planning Commission and Beautification Com-
mittee in December, January and February. He said the Beautifica-
tion Committee has objections to the site plan only, the traffic
plan, etc., and the location of the buildings on the site. He said
in the early schematic stage, they developed 12 different schemes
which were reviewed with then -City Manager Laura Stuurmans, staff
and Council at each phase. He said there was a site plan that was
accepted which located the police station in the northeast corner of
the site, City Hall in the center forward section of the site and a
future community center would be located in the rear southwest
corner of the site.
Mr. Kenyon said that location of buildings and subsequent approval
is being directly in conflict with what the Planning Commission
wants now. He said they are asking that the police station be moved
somewhere to the rear of the site, that the City Hall be turned
parallel to 88 Ave., maintaining its position at center forward on
the site and the community center would stay in the rear area. He
said the location of the police station in the rear of the project
complicates their accessibility and the Police Chief does not want
that location pursued.
V/M Stein noted that both the Planning Commission and Beautification
Committee are advisory boards to the Council and they do not accept
the design of the municipal complex. He said this has been
discussed for over a year, and, although it is valid for the
Planning Commission to give their suggestions, the final direction
to the architects must come from the Council. George Miller, of
Miller & Meier, said since the meetings with the Beautification
Committee and the Planning Commission, they have developed a
revision which should answer the questions they had.
Mr. Henning said Council is the client and makes direction to the
architect and then, as other developers, it goes through the com-
mittees and Council must make the final approval. Florence Bochenek,
Beautification Committee Chairperson, said Council has authorized
the work that has been done so far. Unfortunately, when the plans
came to the Beautification Committee there was not one member who
approved them. She said they did not like the placement on the site
and the Planning Commission objected as well. She said since that
time Mr. Miller did attend one of the Beautification Committee
meetings but the full committee was not present. She said they are
still not in favor of this.
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2/27/85
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Arthur Gottesman, Planning Commission Chairman, said while the
approvals were being given by Council, the Planning Commission never
saw the drawings. He said they were available during the August
recess and they never had a chance to approve the site plan as
submitted to the Council. He said they have no objection to the
building; however, they feel it still does not represent the City
properly despite some slight revisions made to the traffic pattern.
He said they feel this is not a plan of a complex the City deserves
and there is nothing permanent concerning the location of the build-
ings. He said the Commission feels the buildings should be promin-
ent and seen from the roads like other City Halls and not set back
in at an angle. He said they feel this plan should be restudied and
some of these buildings faced another way. He said he feels the
plan should be given back to the architects and they should work
with the Planning Commission and the Beautification Committee.
Tape 3 V/M Stein said this plan is a design from the architects and the
people on the Planning Commission could have asked to see the plans
before this. He said there was nothing secret about these plans and
the City has already paid $225,000 to date. C/M Stelzer asked why
the Council should follow the recommedations of the Planning
Commission. He said there have been several Council meetings during
which the Municipal Complex has been discussed and no one ever
raised any objection until now. C/M Munitz said there were many
plans proposed and he referred to a 2/21/85 letter from Miller &
Meier to the City Manager which stated, "The two proposals for the
location of the buildings have been considered in the past and
rejected by the Council, the Police Chief and the previous City
Manager and her staff." He said one of the considered layouts was
exactly the one to which the Planning Commission is referring to.
C/M Bernstein said he is concerned with squandering the people's
money by making this a political football. Morton Student, resi-
dent, asked the qualifications of the Planning Commission members
and V/M Stein said they are very qualified people. Sy Bauer,
resident, recommended that the suggestions made by the Planning
Commission and Beautification Committee be accepted by Council.
C/M Munitz said it is costing the City some additional funds to
incorporate some of the recommendations of the Planning Commission
and the Beautification Committee.
Mr. Gottesman said this is not a political issue and the Planning
Commission should meet with the architect on this. Mrs. Bochenek
said this is not a political issue but they are making an issue now
because they just saw the drawings. Mr. Henning said staff re-
commends Council's consideration of the authorization for the
$10,000 cap and related fees with no payment today. City Manager
Johnson said the architect, under the basic approval he has now,
will proceed with the original layout of the building, not the last
change. He said if Council wants the architect to change to the
last concept which has been presented to Council, authorization must
be given. He said the architect also needs direction as to whether
they should stop after that and go back to the Planning Commission
and the Beautification Committee or should they proceed.
V/M Stein said either Council decides that the modifications made at
the request of the Beautification Committee and the Planning Com-
mission are incorporated or they should be directed to go back to
the Planning Commission and Beautification for further direction and
then come back to Council. C/M Munitz said one of the problems was
the traffic situation and he asked Mr. Kenyon if this new proposal
removes some of the safety problems.
11
2/27/85
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Mr. Kenyon said the present scheme, which was presented at the last
meeting, incorporated another "Right -Turn Only" exit/entrance to the
site further south along 88 Ave. He said this is something they
will try to incorporate with DOT since it is a County road. He said
they have indicated that they would be receptive to this. He said
they have also discussed the possibility of a signal at the main
entrance to this complex which is very important with an emergency
signal at the fire station which is there now. He said DOT is
agreeable to looking at that but they must do traffic counts first.
C/M Munitz MOVED that Council approve the latest proposal with the
additional expenditure not to exceed $10,000 to proceed with the
correction of the proposed plan. Mr. Henning read two paragraphs
from Mr. Kenyon's letter, dated 2/11/85, into the record and
suggested C/M Munitz might want to adopt as a MOTION: "Subject to
Council allowance, we would be able to revise our working drawings
to reflect the new alternative site plan with changes required to
architectural, civil, landscaping and lighting plans. Our cost and
that of our engineers would be billed at an hourly rate in
accordance with our contract not to exceed $10,000. Another cost
resulting from this change would be revision of the plat now in its
final stages of approval by the County. Craven & Thompson has
submitted the attached letter proposing to seek revision of the plat
and to provide the right --turn entrance/exit curb cut from DOT. They
believe this can be accomplished and I would recommend they be
authorized to do this work at an hourly rate of $50.00, not to
exceed $300.00."
Mr. Henning said he would suggest that it be determined if the
right --turn curb cut can be accomplished before the work is done on
the site plan. Mr. Kenyon said the curb cut affects a very small
part of the site plan and to not have it does not change anything
else on the site plan. C/M Munitz said that will be his MOTION,
SECONDED by C/M Stelzer.
VOTE: ALL VOTED AYE
20. Consultins Engineering b9Cryicer2 - Temp, Reso. #3544 -
Discussion and possible action to approve a contract with
James M. Montgomery, Consulting Engineers, Inc., for these
services.
SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-85-68 PASSED.
as amended.
Mr. Henning read Temp. Res . #3544 by title.
Mr. Henning said the City has followed the Statutory procedure
concerning the Competitive Negotiations Act and Council accepted the
ranking of the Committee with negotiations with the first choice as
authorized by Council. He said there is a proposed contract with
James M. Montgomery Consulting Engineers, Inc. and he suggested some
minor changes. He said there is a break -down of the rates and the
revision on the rates is that the ceiling be put at $75.00 per hour
as a maximum rate. He distributed a copy of the contract with
changes.
Mr. Henning said on Page 1 he deleted three lines that were repeti-
tious, on the bottom of Page 1 addresses their obligations under the
bond indentures and he added the language, "and succeeding Resoluit
-
tions" because in future bond Resolutions, they will be specifying
the obligations of consulting engineers. He said the engineers
would be working on a salary plus multiplier.
12
2/27/85
/pm
Mr. Henning said on Page 2, Paragraph D-2, they will assist in the
bidding and award of contracts as one of their duties. He said on
Page 3, there was a typo and he deleted some words on the bottom of
Paragraph 2 for simplification. He said on Page 4, Paragraph A--3,
concerns an actual salary plus a 2.3 or a 2.2 multiplier depending
on the type of work. He said this is competitive with the other
Consulting Engineering firms negotiated. He said there were some
incidentals that needed clarification; namely, meals, lodging and
mileage are for outside of Broward County. He said long distance
telephone calls would be compensated.
Mr. Henning said on Page 5, there is a complicated statement which,
in essence, states that in the contracts for billing, the Council
recess is acknowledged and no bills will be approved. He said the
intermediate pages had no changes and on Page 91 Paragraph V-T, any
notice between parties will be sent by Certified Mail or Hand
Delivery. He said on Page 9, Paragraph V-W, stated authorization
could be by Resolution or a Motion and he added a new Paragraph V-V,
"Non -Exclusive Agreement -The City reserves the right to contract
other engineering firms as Consultant Engineers pursuant to the
Competitive Negotiations Act of Florida. Nothing in this Agreement
alters or cancels the terms and conditions of prior agreements for
engineering services between these parties or between the City and
any other engineering firms."
C/M Stelzer MOVED APPROVAL of , SECONDED by
C/M Munitz.
011-9 4 • w
21. - Discussion and
possible action on report by CH2M Hill concerning Evaluation of
Alternatives to Relocate the TUW Wastewater Treatment Plant to
Land Section 7.
YH .NOP,SIS_QF ACTION: Report and slide
presentation was given by CH2M Hill.
City Manager Johnson introduced Dr. Gerry Foess, representative of
CH2M Hill. Dr. Foess said this morning they are discussing a
summary of the report they submitted to the City entitled,
"Evaluation of Alternatives to Relocate the TUW Wastewater Treatment
Plant to Land Section 7". He said there are a number of problems
with the present treatment plant site that prompted the City to
undertake the study they conducted. He said the existing plant site
has insufficient area for future expansion and is bounded by
property lines and the site itself is filled with different process
structures and buildings. He said there is a need to expand the
plant to meet future needs as well as the current need to add some
new sludge disposal facilities.
Dr. Foess said because of the insufficient area, the liquid
treatment and the sludge disposal operations need to be separated.
He said they are currently under design of some sludge disposal
facilities that would be located at Land Section 7 and this would
separate the liquid and sludge disposal systems. He said there have
been problems with odors through the years and there has been an
odor -control system installed but there are continuing complaints
about odors from the treatment plant.
Ike 4 Dr. Foess said there were four alternatives that were examined and
life -cycle costs were computed for each of these alternatives. He
said the first is the relocation of the existing plant to Land
Section 7, located in the western -most part of the City, approxi-
mately at the end of Commercial Blvd.
13
2/27/85
/pm
Dr. Foess said the second alternative is simply upgrading the
treatment plant at the existing site and the third alternative would
be a new concrete treatment plant located at Land Section 7. He
said the fourth alternative is similar but the structures would be
of steel construction. He said the first alternative of relocation
of the existing plant means the actual physical transport of some of
the existing units out to Land Section 7 and reinstalled at that
location.
Dr. Foess said in order to perform an evaluation of this type, they
performed what is called a Present Worth Analysis which is a method-
ology that is specified by the U.S. Environmental Protection Agency
for evaluation of alternatives and there is a standard procedure for
conducting it. He said it encompasses four different types of
costs; first, the initial construction cost of the items in
question, the replacement cost, the analysis is conducted over a 20-
year planning period and replacement costs would be those required
to replace any equipment that wears out prior to the 20 year period.
He said also considered are Operation & Maintenance costs and
finally, at the end of the 20-year period, there is a treatment
plant that has some salvage value which is computed and, because it
is a value and the other items are expenses, it is subtracted from
this equation. He said total present worth is equal to the sum of
the initial construction cost, the present worth of the replacement
costs, the present worth of the Operation & Maintenance costs minus
the present worth of the salvage value.
Dr. Foess said the summary sheet shows that Alternative 2, which is
upgrading the existing treatment plant at the existing site has the
lowest construction cost; however, this alternative has the highest
operation and maintenance costs and the highest replacement costs.
He said Alternative 3, which is a new concrete treatment plant
located at Land Section 7 has one of the highest initial construc-
tion costs but it has the lowest operation and maintenance and
replacement cost. He said in order to compare all of these alterna-
tives on an equal basis, it is necessary to add the various cost
components and compute a total present -worth value. He said the
lowest cost alternative on a 20-year life cycle cost basis is a
new steel treatment plant located at Land Section 7.
Dr. Foess said the new concrete treatment located at Land Section 7
would have a total present worth approximately 2% higher and, for
practical purposes, within the accuracy of these estimates, those
two alternatives are equal. He said the alternative of upgrading or
moving the existing treatment plant from its present location to
Land Section 7 are both 17% to 20% higher than the alternatives just
mentioned and are not considered cost effective. He said the con-
clusion of the study is that based on costs, it is cost effective to
move the wastewater treatment plant to Land Section 7 and either a
new steel or concrete treatment plant would be feasible. He said
there are operational advantages for moving the plant which overcome
the problems mentioned at the start of separating the liquid and
sludge disposal processes and they overcome the problem of the odor
generation within the built-up area of the existing treatment plant.
V/M Stein said this is merely a report today. C/M Bernstein asked
Dr. Foess what his recommendations were and Dr. Foess said it would
be a City preference. He said many treatment plants in South
Florida are steel plants which do have a shorter life span and are
prone to rust and corrosion and have a higher level of maintenance.
He said as an engineer their first preference would be to build a
solid structure made of concrete.
14
2/27/85
/pm
1
I
C/M Munitz asked why one of the alternatives was to remain at the
present location since there are so many problems and Dr. Foess said
that was done to provide a basis of comparison for the other three
alternatives.
David Silverglide, President of the Isles of Tamarac Homeowners
Association, Inc., asked if there will be a referendum and V/M Stein
said considering the amount of money involved, he would assume that
would be needed. Mr. Silverglide asked for a copy of this CH2M Hill
report and V/M Stein asked the City Clerk to make this report avail-
able to the public. Mr. Silverglide asked if any thought was given
about moving the odor problem from one section to another section
and City Manager Johnson said the County will not allow the City
to continue to have an odor problem anywhere. He said a sewer plant
cannot be operated without odors from time to time but they are
working on the problem. Louis Dishotsky, Past President of Westwood
21, asked why the City chose the area in Land Section 7 and
V/M Stein said this land is the land that is available to the City
at the present time and the present sod farm is already there.
Max Offenberg, Past President of Edgewater Village Residents
Association, said it is possible that if the City does not eliminate
the present odor problem, there can be a $10,000 per day fine as
long as those odors remain. Vickie Beech, resident, asked if the
City cannot declare eminent domain and City Manager Johnson said
there are deadlines involved since the City has been given an exten-
sion and temporary permit for sludge disposal which must be resolved
within eighteen months. He said there is also a mandate on the
disposal of the effluent which expires on July, 1986. He said the
Grant application will be filed this Friday in Tallahassee for those
two phases.
C/M Munitz asked if any of these alternatives are grant fundable and
City Manager Joh,nsan said staff will return to Council with
engineering information and funding alternatives. Hank Fuchs,
resident of the Isles of Tamarac, asked if new equipment at the
present treatment plant would not upgrade it sufficiently and
Dr. Foess said the existing treatment plant does not involve a lot
of new equipment. Roseanne Gogel, resident of Edgewater Village,
asked what work is being done now on the treatment plant and City
Manager Johnson said there is no work being done on the plant
facility itself right now. There are temporary quarters being re-
placed. He said the time factor is up to the Council.
Mr. Henning said there has been no discussion of moving the present
drinking water plant only the wastewater treatment plant. He said
since it is near the well fields on University Dr., the deep injec-
tion well method would not be permitted at that site. V/M Stein
closed discussion on this item.
18• - Discussion and possible action on a request
from The. Pines at Woodmont Condominium Association, Inc., for
City assistance regarding drainage problems of cer-
tain unit owners.
SXNOPS.IS OF_.. N: Staff
was directed to draft a
itroposal with cost estimates
or Council approval.
15
2/27/85
/pm
City Manager Johnson said last year the City had a representative
from another section of Woodmont discuss correction of deficiencies
of some driveways and the Pines of Woodmont Association is asking
for the same consideration. He requested Council authorize him and
the City Attorney to work with these people to draft an agreement.
V/M Stein said if Council can help the citizens resolve drainage
problems which were caused partially by the City swales and parti-
ally by the Association, the legalities will be worked out. He said
in the previous incident, the proprty owners paid for the material
and the City, at their leisure, did the work. He said it was done
efficiently at Tract 73 and he recommended this be continued.
Mr. Henning asked if staff is being directed to draft a proposal and
bring that back to Council with conditions, cost estimate, etc.
C/M Munitz so MOVED, SECONDED by C/M Stelzer.
Helen Massaro, resident, asked if this work is going to be done on
private property and V/M Stein said no. He said most of the work is
done on the dedicated streets. Mrs. Massaro asked if the work that
was done previously was on private property and V/M Stein said some
of the work went from the streets up part of the driveways which
were private. Mrs. Massaro asked if the City Attorney has checked
the responsibilities of the City in going on private property with
taxpayers money and V/M Stein said they are only requesting a report
at this time. Mrs. Massaro asked if this report will specifically
state how much is on private and how much is on public property and
Mr. Henning said there was a design with estimated costs for the
previous work.
Mrs. Massaro said this is a very serious situation since the City
has no right to be working on private property and V/M Stein said he
disagreed with that. He said the City, by approving the swales in
this area, caused this problem and this was a compromise.
Mrs. Massaro said there are many swales in the City where water
stands and she questioned if this same service would be given to all
of them and V/M Stein said yes. He said if it was caused by the
City because of an ineffective way something was done, it should be
corrected. Mrs. Massaro said there was a report on this type of
situation before and it was decided by the then -City Attorney that
the City has no responsibility.
g. QQlf Fgagibility Committ- Report by Councilman Jack Stelzer
Discussion and possible action.
SXNOPSIS_OF_ ACTION: C/M Stelzer
read a report dated 2/27/85 by
Maxwell Wallenstein, Chairman of
the Golf Feasibility Committee.
Murray Weiner, resident, asked if the meeting that C/M Stelzer will
be referring to in his report was called by the Chairman of this
Committee and V/M Stein said yes. C/M Stelzer said the Golf Feasi-
bility Committee had several meetings and their report was supposed
to be presented by the Chairman, Maxwell Wallenstein. He said he
called him last night and asked him to present it for him and he
read this report into the record (See Attachment 1).
V/M Stein said no action is necessary on this. C/M Stelzer MOVED
ACKNOWLEDGMENT of receipt of the report of the Golf Feasibility
Committee, SECONDED by C/M Bernstein.
16
2/27/85
/pm
v
[l
V/M Stein adjourned the meeting to 1:45 P.M. for lunch.
Tape 5 ROLL CALL: PRESENT
Vice Mayor Sydney M. Stein
Councilman Jack Stelzer
Councilman Raymond J. Munitz
Councilman Allan C. Bernstein
COMMUNITY DEVELOPMENT
_ -
40. - T4Fi�b�� Reso._ #354�
Discussion and possible action regarding disposition of a war-
ranty bond posted for public improvements.
SYNOPSIS OFACTION: TABLED
for one month since the warranty
bond was extended for that length
of time.
V/M Stein noted that Council just received a memo from Bob Foy,
Deputy City Engineer, that this item can be TABLED since the bond
has been extended for one month. C/M Munitz so MOVED, SECONDED by
C/M Stelzer.
57. Alan Ruf Invoice - Discussion and possible action.
,SYNOPSIS OF ACTION: Agendized by Consent.
(See Page 28).
C/M Stelzer MOVED that the Invoice from Alan Ruf, Consulting City
Attorney, be Agendized by Consent, SECONDED by C/M Munitz.
V/M Stein said at a previous Council meeting, Council authorized the
ground breaking for the Municipal Complex for the first week in
March so that C/M Stelzer, who will no longer be on Council after
3/12/85, may be present in his official capacity. City Manager
Johnson said the earliest date he had was Monday, 3/11/85 and
C/M Munitz MOVED that the ground breaking be held that day at 11:00
A.M., SECONDED by C/M Bernstein.
22. - proiegt $4= - Tom. Reso__
K2,$ - Discussion and possible action to authorize the appro-
priate City officials to execute a Utility Relocation Agreement
with Florida Department of Transportation for this work.
SYNQI!SIS OF ACTION: APPROVED. RESOLUTION NO. R--85-69 PASSED.
Mr. Henning read Temp. Rgso. 3529 by title.
Mr. Henning said this agreement was discussed at the last Council
meeting and is on for approval today. He said it is a form agree-
ment with the State and deals with coordination of utility lines
under the turnpike between Oakland Park Blvd. and Commercial Blvd.
17
2/27/85
/pm
Mr. Henning said the contract has already been assigned to Williams,
Hatfield and Stoner to design the work and this is a contract
stating that the City will do the work and coordinate the activity
with the State. He said the essence of the contract is that the
City is agreeing to do the relocation work and coordinate the
activities with the State.
C/M Munitz MOVED APPROVAL of , SECONDED by
C/M Bernstein.
23. - T - Discussion and possible action
to award a bid for Operations office building, Project 84-17.
APPROVED
awarding the bid to Marsten
Leasing Corp. in the amount of
$116,052.00.
RESOLUTION NO. R-85-70 PASSED.
Mr. Henning read TeMp. Reso,,._#3519 by title.
C/M Munitz MOVED APPROVAL of , SECONDED by
C/M Bernstein.
24. B"-Award - Temp- Reso•_#3520 - Discussion and possible action
to award a bid for a lime sludge retaining wall, Project 84-26.
,$yNOPS 15,,, QT_A.CT ION : APPROVED
awarding the bid to K. Herron
and Sons Concrete Construction
in the amount of $14,300.00.
RESOLUTION NO. R--85-71 PASSED.
Mr. Henning read by title.
City Manager Johnson said he recommends awarding of this bid and
C/M Munitz MOVED APPROVAL of Tema. Reso. #3520, SECONDED by
C/M Bernstein.
25- - - Discussion and possible
action to revise the rates charged for the performance of work
by the City on private property.
RESOLUTION NO. R-85-72 PASSED.
Mr. Henning read Tager Reso.-13526 by title.
Mr. Henning said this schedule was revised when the Utilities
Department must do work on private property. The Code provides that
under certain circumstances the City can go on private property. He
said the Engineering Department has suggested revision of the rates
and, pursuant to Chapter 27-10 of the City Code, if it is appropri-
ate, an emergency necessary to go on private property to repair the
utilities, these would be the rates to be charged against the indi-
vidual homeowner or utility customer.
C/M Stelzer MOVED APPROVAL of Iemp. Reso.,#3526, SECONDED by
C/M Bernstein.
W.
2/27/85
/pm
26. Revised site Plan - - Discussion and possible
action on a revised site plan to reflect replacement of the,
existing office building and additional parking.
�•' •) wdoy•� ...• r
RESOLUTION NO. R-85-73 PASSED.
Mr. Henning read Temp. Rego. #3527 by title.
Mr. Henning said this site plan is for the building just approved at
Tamarac Utilities West.
C/M Stelzer MOVED APPROVAL of Temp... Rego. #3527, SECONDED by
C/M Munitz.
31. Alfred L. and_ Avi a�11 - Special ExcQpl;ion a ition
1-Z-85 - - Discussion and possible action on
a request for special exception to allow a restaurant to be
known as Cafe Continental in Bays 19 and 20 at 3 Lakes Plaza,
3150 W. Commercial Boulevard, which is zoned B-2 (Planned
Business).
SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-85-76 PASSED.
Affidavit of Mailing was accepted
and the Public Hearing was held.
Mr. Henning read Temp, _Rego._#3532 by title.
Richrd Rubin, Consultant City Planner, said this item was reviewed
by the Planning Commission at its 2/6/85 meeting and they determined
that there was sufficient parking and they recommend approval.
C/M Bernstein MOVED to ACCEPT the Affidavit of Mailing, SECONDED by
C/M Munitz.
YM: ALL VOTED AYE
C/M Munitz MOVED APPROVAL of Temp, SECONDED by
C/M Stelzer.
V/M Stein opened and closed the Public Hearing with no response.
VOTE
32. - Special Exception Petition
#2 Z 5 - Temp ReyZD..3533 - Discussion and possible action on
a request for special exception to allow on -premises consump-
tion of beer and wine at the proposed Cafe Continental restaur-
ant in Bays 19 and 20 at 3 Lakes Plaza, 3150 W. Commercial
Boulevard, which is zoned B-2 (Planned Business).
SYNOPSIS_ OF - ACTION: CTION: APPROVED.
Affidavit of mailing was accepted
nd the Public Hearing was held.
RESOLUTION NO. R--85-77 PASSED.
Mr. Henning read Temp. Reso. #3533 by title.
C/M Munitz MOVED to ACCEPT the Affidavit of Mailing, SECONDED by
C/M Bernstein.
19
2/27/85
/pm
L/
C/M Stelzer MOVED APPROVAL of Temp, Reso.#3533, SECONDED by
C/M Munitz.
Mr. Rubin said staff recommends that approval state the special
exception not be transferable without Council approval nor any
expansion to other bays without Council approval. V/M Stein
suggested the MOTION include the condition of approval as subject to
the amendment as recommended by staff and both C/M Stelzer and
C/M Munitz agreed.
V/M Stein opened and closed the Public Hearing with no response.
+LOIN
33. - _ _ Temp.
Discussion and possible action to rezone the Shops
of Tamarac Shopping Center (less the lands and building owned by
Broward County for a Library) from B-1 (Neighborhood Business)
to B-2 (Planned Business). First Reading.
a) Acceptance of Affidavit of Publication, Affidavit of Mailing
and Affidavit of Posting.
b) Consideration of application.
SYNQP IS OF, ACTION:
a) ACCEPTED Affidavits of
Publication, Posting and
Mailing.
b) APPROVED on first reading.
Public Hearing was held.
a) C/M Stelzer MOVED ACCEPTANCE of the Affidavits of Publication,
Posting and Mailing, SECONDED by C/M Munitz.
b) Mr. Henning read Temp. Ord.,._#1169 by title.
Mr. Rubin said for the last several years the applicant has received
requests for uses to go on this site which did not fit within the
B-1 category. He said he recommended to the applicant that since
the property is located on McNab Rd. near the intersection of 88
Ave., he should submit an application for rezoning to B-2 because
the size of the center would serve a community and not just a neigh-
borhood. He said the applicant submitted such an application and
the Planning Commission reviewed this on 2/6/85 and they recommended
Denying the request.
Barry Eden, applicant, said the Planning Commission denied this on a
3-2 vote and one of the votes stated that he felt the property would
be more valuable if there was a rezoning; therefore, he was voting
to deny it. He said there was other discussion regarding whether
Broward County received notice since they are an adjoining property
owner. He said he felt the decision was not based on the merits but
rather on other things.
V/M Stein asked Mr. Rubin if staff recommends approval and he said
yes. V/M Stein opened the Public Hearing. Vickie Beech, resident,
asked what type of facility Mr. Eden was going to put in there and
Mr. Eden said this is not being done to get in any particular tenant
but rather, so that when there is a vacancy in the future, if a type
of tenancy arose that was permitted in a B-2 zoning, they could be
accommodated. He said it is not their intention at this point to
have a pet store in that location.
20
2/27/85
/pm
l�'
Florence Bochenek, Beautification Committee Chairperson, said she
agrees this property should be rezoned. V/M Stein closed the public
hearing with no further response. C/M Munitz questioned the parking
situation at that location and Mr. Rubin said the parking in the
City is based upon the use, not the zoning. He said if Mr. Eden had
an empty bay and he wanted a use such as a restaurant, his Depart-
ment would go through each use in the center and make sure that each
use had adequate parking as required by Code and, if there were not
enough spaces on that lot left, an Occupational License would not be
given.
Mr. Eden said there are three locations within the Shops of Tamarac,
across from the American Legion, which could provide three
additional spots. He said on the original site plan it showed as a
walkway to the shopping center next door. He said there was some
discussion as to whether a revised site plan would be necessary and
he would pay the fee of $175 for a revised site plan but would like
those put in as soon as possible.
C/M Stelzer MOVED APPROVAL of Temp. Ord. #1169 on first reading,
SECONDED by C/M Munitz.
Mr. Henning asked if the County owns the library building and Mr.
Eden said yes. Mr. Henning questioned whether they own any of the
parking and Mr. Eden said they own all the parking on both sides of
their property but there is a permanent cross -parking easement that
has been recorded under an agreement. Mr. Henning said the whole
center area will remain B-1 around the library and the parking
spaces and then the horseshoe that wraps around it will be zoned
B-2. He suggested Council direct the City Clerk to send a copy of
the backup to Cecil Beach and Mr. Eden said he already did this.
47. 3 Lakes Plaza - $e_vised Site Plan -- Temp.Reso. #3547 -
Discussion and possible action on a revised site plan for the
proposed Continental Cafe Restaurant reflecting the addition of
a dumpster and a parking space.
SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-85-88 PASSED.
Mr. Rubin said when Council reviewed the application for the
restaurant, staff determined they were a few spaces short. He
said the applicant immediately submitted a site plan showing
additional spaces that were paved and he recommended
approval.
C/M Stelzer MOVED APPROVAL of TeMp. Reso. #3547, SECONDED by
C/M Munitz.
Mr. Henning read Temp. Reso. #3547 by title.
29. Acting City Manager - Temp-, &go, 5 1 - Discussion and
possible action to designate an Acting City Manager in the
absence of the City Manager,
SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-85-74 PASSED.
appointment of David Wayne Heffner
as Acting City Manager.
21
2/27/85
/Pm �,
SYNOPSISEQF ACTION: Cont' d.
In Mr. Heffner's absence, Steve Wood,
Finance Director, is appointed as
Acting City Manager.
Mr. Henning read Temp. Reso. #3531 by title.
C/M Stelzer said the City Manager recommended appointment of David
Wayne Heffner as Acting City Manager in his absence and, in
Mr. Heffner's absence, Steve Wood, Finance Director, would be Acting
City Manager.
C/M Stelzer MOVED APPROVAL of T_eDp_, Rgso. #3531, SECONDED by
C/M Munitz.
30. Bikeways -- gmp_. Re.94. #3530 - Discussion and possible action to
endorse the construction of bikeways in future Broward County
road construction projects.
,SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-85-75 PASSED.
Mr. Henning read by title.
Tape 6 C/M Munitz asked if this would assure a bikeway on University Dr.
and V/M Stein said this is merely urging the County to construct
bikeways on future road construction projects.
C/M Stelzer said the bikeway would be a completely separated
facility designated for the exclusive use of bicycles and 8-feet
wide.
C/M Stelzer MOVED APPROVAL of Temp-_ Reso.n13530, SECONDED by
C/M Bernstein.
City Manager Johnson said staff is trying to get prices and drawings
prepared for the bikeway on 57 St.
VOTE: ALL VOTED AYE
GENERAL ADMINISTRATIVEZEINANCIAL
12. Broward League off_ - Discussion and possible
action.
C/M Stelzer said Council will receive minutes and there was no
further report.
39. Rlzgadill- CCafeteria - Discussion and possible action on:
a) Acceptance of 15-foot sanitary sewer utility easement -
Temp. Reso. #3534
b) Acceptance of the Bill of Sale for the water distribution and
sewage collection system improvements - Temp,- Reso.,#3535
SYNOPSIS OF ACTION:
a) and b) APPROVED.
RESOLUTION NO. R-85-83 PASSED.
RESOLUTION NO. R-85-84 PASSED.
a) Mr. Henning read o by title.
22
2/27/85
/pm
U
C/M Stelzer MOVED APPROVAL of , SECONDED by
C/M Bernstein.
b) Mr. Henning read TeMp. Reso. 13535 by title.
C/M Stelzer MOVED APPROVAL of Temp. Reso. #35-3-5, SECONDED by
C/M Munitz.
41. Tamarac Town Sau-a -- Warranty Bond -- 3543 -
Discussion and possible action regarding dispositon of a war-
ranty bond posted for public improvements.
SYNOPSIS OF ACTION: APPROVED
calling Bond #604-41-00 in the
amount of $38,958.75 posted to
guarantee public improvements if
the remedial repairs are not
completed on or before 2/27/85
or if the bond is not extended
by that date.
RESOLUTION NO. R-85-85 PASSED.
Mr. Henning read Temp. Reso. #3543 by title.
C/M Stelzer MOVED APPROVAL of Tgmp. ResQ. 13543t SECONDED by
C/M Munitz.
42. Coldwell BAnke_j - Sian Waiver - --
Discussion and possible action to renew a sign waiver granted
for a temporary ground sign at the Colony Springs Professional
Building, 8333 West McNab Road.
SYNOPSIS OF ACTION: APPROVED
renewal for one year from
2/22/85 and to expire on
2/22/86.
RESOLUTION NO. R-85-86 PASSED.
Mr. Henning read Temp. Reso. 4.3540 by title.
C/M Stelzer MOVED APPROVAL of _#3540, SECONDED by
C/M Munitz.
43. Kings Point - Sicgn, Waiver_ - - Discussion and
possible action to renew a sign waiver granted pertaining to
number, size and location of four community directional signs.
APPROVED
renewal of a sign waiver for
one year from 3/23/85 and to
expire on 3/23/86.
RESOLUTION NO. R-85-87 PASSED.
Mr. Henning read Temp. Reso. #3541 by title.
C/M Stelzer MOVED APPROVAL of Temp Resoo. #3541, SECONDED by
C/M Munitz.
23
2/27/85
/pm
35. i+k� of 5g Hi7_]_s - Discussion and possible action on:
a) Revised site plan for four-story buildings -w Temp. Rgso.
4a53 6
b) Third Amendment to Water and Sewer Developers Agreement
c) Agreement regarding water retention areas
d) Renewal of a sign waiver granted for a temporary directional
sign at the northeast corner of Commercial Boulevard and Rock
Island Road - T,emp,_ Reso A3537
SYNQPS I S QF�ACTION:
a) APPROVED.
b) APPROVED. A check was presented
at the meeting in the amount of
$675 for 2/3 ERC for sewer.
c) APPROVED.
d) APPROVED renewal of a sign waiver
for one year from 3/10/85 and to
expire on 3/10/86.
RESOLUTION NO. R-85-79 PASSED.
RESOLUTION NO. R-85-80 PASSED.
a) Mr. Henning readTgip
.& RggD.._.#3536 by title.
Dan Oyler of Craven & Thompson, representing the petitioner, said
about a month ago Council approved the Special Exception for the
four-story buildings which they propose to build. He said three
weeks ago the Planning Commission approved the revised site plan for
the four-story concept and this now needs Council approval. He said
the Agreement which Mr. Henning has will take care of the defici-
encies in the canal slope behind Building 1 which was a condition of
the approval that Council made to the Special Exception.
Mr. Henning said the slopes have been a concern and on the revised
site plan there is a cross section which is the same as is in the
Code book today with the bench or shelf. He said the Agreement
states those new canals not yet completed are the subject of the
revised site plan and the Agreement states there are two alterna-
tives: first, they can build it the way the Code is today and,
second, providing that an Ordinance passes with a different profile
of the slope, they would have an alternative to use the new Ordin-
ance only if they get a revised site plan. He said by making this
cross section part of the site plan, it cannot be changed without a
revised site plan. He said it will be the old form with the bench
unless they request permission to use any revised slope.
Mr. Henning said there are canals by Buildings 1, 2, 3 and the rec-
reation area and they told the City Buildings 2 and 3 have signed
off and have been approved with the old slope. Mr. Oyler said the
Agreement they submitted is for about 150--feet behind Building 1 and
the Rec Center. He said there is one other provision to the Agree-
ment that seeks an acknowledgment that the lakes at Lakes of Carri-
age Hills are, in fact, private retention areas.
Mr. Henning said they are doing their own maintenance of the reten-
tion areas and are not seeking any assistance from any City
contract. C/M Munitz said at the Planning Commission meeting there
was much concern over safety and he questioned if this is a problem.
Mr. Rubin said the revised site plan shows the cross section with a
3-foot bench. Mr. Oyler said the reason for the three alternatives
is that the problems behind Building 1 and 3 are not consistent and
they might have to use two or all three of them to solve the pro-
blem. Mr. Oyler said the problem is above the water. Mr. Rubin
said the item on the agenda addresses Buildings 2, 3, 4, etc. and
not Building 1 or the Rec Building.
24
2/27/85
/pm
r,
C/M Stelzer MOVED APPROVAL of T&Mp- Reso. #3536, SECONDED by
C/M Munitz.
b) Mr. Henning said this is a difference of 1 additional ERC and Mr.
Oyler submitted a check in the amount of $675.00 for 2/3 ERC for
sewer to the Assistant City Clerk.
C/M Stelzer MOVED APPROVAL of the Third Amendment to the Water and
Sewer Developers Agreement, SECONDED by C/M Munitz.
c) C/M Stelzer MOVED APPROVAL of an Agreement regarding water retention
areas, SECONDED by C/M Munitz.
d) Mr. Henning read Temp. Rego.,#3537 by title.
C/M Stelzer MOVED APPROVAL of Temp. Reso._#3537, SECONDED by
C/M Munitz.
36.
Discussion and possible action on a revised site plan to allow
all unit owners to receive building permits for front, side and
rear yard roofed enclosures provided they are not placed in any
setback or easement.
RESOLUTION NO. R--85-81 PASSED.
Mr. Rubin said staff is trying to allow existing developments to
build normal rooms to their structures without requiring each appli-
cant to submit a $175 fee and have a month revision to their site
plan. He said it is requested, if Council approve this item, that
an applicant could submit a building permit for an enclosure to a
patio in the rear or a small room on the side or a screen enclosure
in the front of their unit at Spyglass and receive a permit
providing two things occur. He said one, since all these rooms will
be built on common property, the City must have the approval of the
Homeowners Association, since they are the owners of the land. He
said the subdivision would then be able to review each application
and, second, if it goes in a setback or a utility easement, the City
would deny it because the site plan states "only enclosures that
would fit in a normal area of the property, not in the setback or
uitlity easement, may be allowed to receive a permit."
Mr. Rubin said staff and Planning Commission request approval. He
said Spyglass is the only area so far that has requested this.
Mr. Henning asked if this was an envelope and Mr. Rubin said this
project was built before the City had site plan Ordinances and they
were all built with the specific outline of each unit on the site
plan. Mr. Henning asked if the unit owner owns fee -simple his own
unit and Mr. Rubin said yes. Mr. Henning asked if Mr. Rubin was
suggesting that these owners be allowed to encroach on common
property and Mr. Rubin said yes, with the approval of the Associa-
tion since they own the land.
25
2/27/85
/pm
Mr. Rubin referred to the site plan which stated: "January, 1985
Revision - The yard surrounding all units may be utilized for the
purpose of roof enclosures provided:
1. No encroachments into municipal setbacks or easements.
2. Spyglass Homeowners Association approves all building permit
applications.
3. The private parking provided complies with Code.
Mr. Henning said he would rather see a Quit -Claim Deed where the
Homeowners Association would be authorizing the use of that land.
V/M Stein said he does not know if the Condominium Association has
the right to give them a deed. He said he would object to a bedroom
or a bathroom and he felt it should be so stated in there.
Mr. Rubin said the Homeowners Association's initial concern was just
to put roofs over existing slabs. Abe Rabinowitz, President of the
Homeowners Association, said they oppose addition of bedrooms and
they are merely requesting permission to enclose these areas so that
the people can use them all year.
C/M Bernstein asked what liability the City might face if there were
a challenge as to whether or not the Condominium Association had a
right to grant the approval. Mr. Henning said that responsibility
is transferred to the Association and the City has never policed.
deed restrictions.
V/M Stein said this should specifically state that this be an enclo-
sure for the slab and not used for living quarters or bathrooms of
any kind. C/M Stelzer MOVED APPROVAL of Tgmn. Reso. #3538 pro-
viding that roofed enclosures on existing slabs shall be permitted
but may not be used for living quarters, for bedrooms or bathrooms.
SECONDED by C/M Bernstein.
37. - Revised Site Plan. JLk Temp. Rgrig.
-
#3539 - Discussion and possible action on Revised Site Plan #6
to reflect change of envelope for Buildings 5-A and 5-B.
N • • • • afi7:Zil+Ial��l
RESOLUTION NO. R--85--82 PASSED.
Mr. Henning read Temp. Reso. #3539 by title.
C/M Stelzer said staff recommends approval and he so MOVED, SECONDED
by C/M Bernstein.
44. Treehouse_ Apartments - - Discussion and
possible action to renew a model sales permit and waiver of the
300-foot distance requirement for certificates of occupancy
(tabled from 2/13/85 agenda)
SYNOPSIS OF ACTION: APPROVED
for 6 months from 1/27/85 and to
expire on 7/27/85.
Mr. Henning said this was tabled from meeting to meeting for receipt
of the fee of $300.00 and this has been received.
C/M Stelzer MOVED APPROVAL of the renewal of the model sales permit,
SECONDED by C/M Munitz.
Mr. Henning noted that at the last Council meeting, the City Clerk
was directed to send specific 7-day notice to them and they respond-
ed with the proper check.
Tape 7 VOTE: ALL Z,
26
2/27/85
/pm
r
v
46. Edaewatgr Village - - Discussion and
possible action to renew a model sales permit and waiver of the
150-foot distance requirement for certificates of occupancy.
SYNOPSIS OF ACTION: APPROVED
for 6 months from 3/12/85 and
expire on 9/12/85.
C/M Stelzer MOVED APPROVAL
and waiver of the 150-foot
occupancy, SECONDED by C/M
of the renewal of the model sales permit
distance requirement for certificates of
Bernstein.
38. Lake Colonv (Brookwood Ggjdga ) - Model Sales FAciljtX -
Discussion and possible action to approve a model sales permit
and waiver of the 300-foot distance requirement for certificates
of occupany for Units 30, 31 and 32.
SXNQI!b9_IS OF ACTON: APPROVED
for 6 months from 2/27/85 and to
expire on 8/27/85.
Mr. Henning said the $300.00 fee was submitted and C/M Stelzer MOVED
APPROVAL of the renewal of the model sales permit and waiver of the
300-foot distance requirement for certificates of occupancy,
SECONDED by C/M Munitz.
VOTE: ALL MED- AYF,
REPORTS
49. City Manager Report -
City Manager Johnson said there will be a sidewalk sale of cars by
Avis Car Rental at NCNB on University Dr. for their customers on
4/13/85.
50. City Attgrnev Report -
City Attorney Henning said Alan Ruf, Consultant City Attorney,
notified him that at the hearing on the condemnation suit, the judge
approved the City's amendment changing the property in question to
the 45-acre site being considered. He said there is no progress on
the merits of the lawsuit as yet. He said concerning the ambu-
lances, on 2/21/85 there was a County Commission meeting with only 4
members present and the City has had a denial from the advisory
committee. He said they are sending the City's request to the
Broward Regional Emergency Medical Services Council for a second
recommendation.
Mr. Henning said Tamarac will be joining with Fort Lauderdale and
Margate in a petition for various types of services. He said Tam-
arac will be meeting with this Council before May and there will be
a Public Hearing scheduled with he County Commission on about the
third Thursday in May.
48. City Coun9I _Reports - No reports.
27
2/27/85
/pm
is MAN 04 aIN NO fm
57. Alan Ruf Invoice - Discussion and possible action.
Y ACTION: Agendized by Consent.
(See Page 17).
APPROVED payment to Alan Ruf in
the amount of $2,067.00 for
services rendered.
Mr. Henning said the total bill is $2,067.00 and he recommended
approval. C/M Stelzer MOVED APPROVAL of payment of this bill to
Alan Ruf, Consulting City Attorney, SECONDED by C/M Munitz.
V/M Stein recessed the meeting at 3:30 P.M. to the 5:05 P.M. Public
Hearing.
- -
V/M Stein called the meeting to order at 5:05 P.M. - - - -
R LL— CALL: PRESENT
r.`losa _ t bw(film ME
Vice Mayor Sydney M. Stein
Councilman Jack Stelzer
Councilman Raymond J. Munitz
Councilman Allan C. Bernstein
Mayor Philip B. Kravitz
V/M Stein said on behalf of the City Council, he wanted to express
condolences to Mayor Philip Kravitz on the loss of his mother.
51. ZQning Rasulat„ions - - Discussion and possible
action to amend Section 28-1 of the Code to add the Florida
Statute definitions of "Special Exception" and "Variance" and
to amend Section 28-194(d) by substituting "Variance" for
"Special Exception". First Reading.
APPROVED
on first reading. Public Hearing
was held.
Mr. Henning read Temp. Ord, #1004 by title.
Mr. Henning said it has been over a year that both the Board of
Adjustment and the Planning Commission have asked that the defini-
tions that are located in the Florida Statutes be placed in the Code
Book so that when the words "Variance" and "Special Exception" are
discussed, they are clearly defined. He said the definitions are
located in Chapter 163 of the Florida Statutes. He said in an
earlier draft of the Code, in referring to the heights of fences and
walls, it mentions that the Board of Adjustment can take some action
by Special Exception. He said that was a misuse of that term since
the Board of Adjustment takes action by Variance. He said in
Section 2 of the Ordinance, the words "Special Exception" are being
changed to "Variance".
Mr. Henning said it states that where circumstances show that the
height of fences should be regulated, they can pass this Variance
and he changed the word "increase" to "Variance" on Line 23. He
said the Planning Commission asked that this matter be deferred to
incorporate into it a study of the four-story Ordinance, since that
is also a Special Exception.
28
2/27/85
/pm
Mr. Henning read from the Ordinance, which is the same as the Flor-
ida Statutes, the definition of "Special Exception": "A use that
would not be appropriate generally or without restriction throughout
the particular zoning district or classification but which, if
controlled as to number, area, location or relation to the neighbor-
hood, would not adversely affect the public health, safety, comfort,
good order, appearance, convenience, morals and the good general
welfare." He said it is a zoning term and is used, not only for 4-
story buildings, but for gas stations, delicatessens, restaurants,
dry cleaning establishments and other commercial purposes. He said
the definition of a Variance is, "A modification of the zoning
Ordinance Regulations, when such variance will not be contrary to
the public interest and when owing to conditions peculiar to the
property and not the result of the actions of the applicant, a
literal enforcement of the Ordinance would result in unnecessary and
undue hardship. A Variance is authorized only for height, area and
size of structures or size of yards and open space. Establishment
or expansion of a use, otherwise prohibited, shall not be allowed by
Variance, nor shall a Variance be granted because of the presence of
non -conformities in the zoning district or classification or in
adjoining zoning districts or classifications."
Mr. Henning said Variances are basically dealing with setbacks, yard
sizes, and not so much usage of property, but rather, dimensions.
V/M Stein opened the public hearing and Florence Bochenek read a
letter from the President's Council into the record which urged
approval of Item 55. V/M Stein closed the public hearing with no
further response.
C/M Bernstein MOVED APPROVAL of Tgmp. Ord.,, #10.04 on first reading,
SECONDED by C/M Munitz.
52. Off-Stree�t Pa - -Discussion
and possible action to amend the off-street parking requirements
in Code Section 18-5(12) for clubs, community centers or
recreation centers, public and private, commercial swimming
pools and spas, and in Section 18-5(41-b) for multiple -family
dwellings (three or more units). First Reading.
APPROVED
on first reading subject to
the effective date being provided
before the second reading.
Public Hearing was held.
Mr. Henning read Temp. Ord. #1022 by title.
Mr. Henning said this is the 2/19/85 revision and this Ordinance has
two parts; first, to require additional parking based on the square
footage of commercial spas and, second, affects all multi -family
requirements in new developments but does not affect buildings that
are already erected. He said Council is considering whether the
amount of parking spaces per unit should be increased.
Mr. Rubin said staff is recommending a slight increase in parking,
for example, a one -bedroom unit now requires 1-1/2 spaces per unit
and this will be increased to 2 spaces per unit, a two -bedroom unit
now requires 1.75 spaces per unit and this will be increased to 2
spaces per unit, a three -bedroom or more unit presently requires 2
spaces per unit and the proposed increase is to 2.5 spaces per unit.
He said the Planning Commission suggests approval; however, before
second reading, there needs to be another sentence added to when
this Ordinance takes effect.
29
2/27/85
/pm I /,
Mr. Rubin said if there is a project in --house being processed now,
would this Ordinance be applicable or would they be allowed to go
under present Code. He said he would request that the language be
included before final adoption.
Mr. Rubin requested he work with the City Attorney on Section 6 of
this Ordinance and come back to Council before the second reading.
Mr. Henning said in addition to the numbers already mentioned, there
would be 10% guest spaces. V/M Stein opened and closed the public
hearing with no response.
C/M Munitz noted that the 10% guest space is remaining the same as
previously required and Mr. Henning said yes. C/M Stelzer noted
that the guest spaces do not have to be paved. Mr. Rubin said
there has been a question whether the handicapped spaces are in
addition to the amount required by Code or whether the handicapped
spaces can be part of the total amount. He said the South Florida
Building Code is very specific on that item and the City Attorney's
office has included that language in this Ordinance for clarifica-
tion.
Alice Norian, resident, said when buildings provide two bedrooms and
they advertise a den large enough to have a third bedroom, what is
done about the parking. Mr. Rubin said when a project comes in, the
Code requires that the applicant must submit a floor plan of the
unit and they will review each unit.
C/M Stelzer MOVED APPROVAL of Temp. Ord. #1022 on first reading,
SECONDED by C/M Bernstein.
53. ,Subdivision ImProvemQnt,% -- Temp. Ord._ IIIA -- Discussion and
possible action to amend Sections 24-10, 24-30, 24--32, 24-33 and
24-34 of the Code pertaining to construction of canal and lake
side slopes. First Reading.
SYNOP,.T S _ OF-A-UlQV : APPROVED
on first reading as revised on
2/6/85. Public Hearing was
held.
Mr. Henning read Zemp., Reso. _#1114 by title.
Mr. Henning said this is a 1/31/85 revision with a revised diagram
on Page 3, which is dated 2/6/85. Mr. Rubin said approximately 8
years ago, the Council adopted an Ordinance that required that when
a developer constructs a project adjacent to a waterway, the canal
slope must be built with a specific cross-section. He described
this on the blackboard and stated that the way the Ordinance was
drafted was to take the grade of the lot and slope it down to the
water and the waterline must be the same as the property line. He
said once the waterline was reached and the land is sloped 3 feet, a
flat level area had to be installed, which was called a bench or a
table. He said they have found through the years that although this
Ordinance is very specific in the way it is written, there have been
problems in the field.
Mr. Rubin said the reason this Ordinance is before Council for
revision is to correct several of the things the engineers have
found to be problems in the field. He said one of these problems is
that it cannot be arbitrarily said that the waterline should be a
certain elevation since this cannot always be controlled. He said
the developer can try to build to the proper cross-section but if
the waterline is brought down then the waterline does not reach the
property line.
30
2/27/85
/Pm
r
Mr. Rubin said they found that in certain areas of the City, if this
bench is constructed on sandy surfaces, even if constructed properly
3 feet below the waterline and 4 feet wide► over a short period that
bench washes away with the natural flow of the water and the sand
goes to the bottom and the bench cannot be maintained.
Mr. Rubin said if these waterways were constructed prior to the
enactment date of this Ordinance, sometimes these waterways were
overdug and in that case, there is no way to put a bench back in.
He said a bench could be put in but it would only be a temporary
solution due to weather, etc. He said the bench is very expensive
to construct because it is difficult to get a level line and the
City Engineer informed him that when there are dry spells, the water
level is down 20 inches or more and there are vegetation and weeds
on the benches causing problems. He said those are some of the
major reasons why staff is suggesting changing the Ordinance by
changing the requirement of a bench by sloping the land 16-feet
beyond the property line as a safety measure.
Mr. Rubin said this alternative measure has been discussed by the
Planning Commission at their last meeting and they will be holding a
public hearing on this on 3/6/85. He suggested if Council approves
this on first reading, final reading be delayed for a final
recommendation from the Planning Commission.
V/M Stein opened the public hearing. Veronica Coletri, future
resident of Lake Colony, said she cannot move into her home because
she cannot get a certificate of occupancy because of the canal. She
said in the Code, Section 24-34, Page 4, it states, "In residential
areas, no permits for lots adjacent to lakes or canals except for
five model units and in non --residential areas, no permits for build-
ings shall be issued before canal seawalls are constructed or canal
slopes are excavated as per the illustration shown in Section 24-
32." She asked how this building was erected under these condi-
tions. She asked if Council could give her a certificate of occu-
pancy.
Helen Massaro, resident, asked if Lake Colony has a sandy condition
in their banks and Robert Huebner, representing Lake Colony, said
they do have a sandy condition. Mrs. Massaro asked if the proposed
slopes in the modified Ordinance and sketch conforms to the minimum
requirements of the South Florida Water Management District.
Bob Foy, Deputy City Engineer, said they do.
V/M Stein said there was a proposal some time ago by Mrs. Massaro
with Leadership Housing in which there was no bench and he asked if
it was allowed in that case, what was the present objection?
Mrs. Massaro said the difference is that that land was under court
order and the City Council at that time did the best they could to
enforce a bad situation. She said in those days they had overdug
some of those canals and whatever was annexed into the City had to
be accepted as it was.
Robert Huebner, attorney representing Lake Colony, said they are
supporting the amendment to the Ordinance suggested by City staff.
He said the canal that they are affected by was dug by Behring in
1970, about 10 years before his client received the property. He
said they now find it impossible to put the bench in, therefore,
they are having problems with the certificates of occupancy.
Mr. Henning asked if Lake Colony's staff has reviewed the cross-
section of the proposed Ordinance and Mr. Huebner said yes.
31
2/27/85
/pm
Alice Norian, resident, asked if this will be for the safety of the
people who will be living there.
Tape 8 Nick Camerano, resident, said this Ordinance seems better than the
original Ordinance. V/M Stein closed the public hearing with no
further response. V/M Stein said the canals in Woodmont drop str-
aight down 16 to 18-feet with no ledge or anything.
C/M Bernstein MOVED APPROVAL of Temp. OY_J4 on first reading as
revised 2/6/85, SECONDED by C/M Stelzer.
VQTE: ALL MED AYE
54. Zp Ong - Temp,1159 - Discussion and possible
action to amend Section 28-27.2 of the Code, "Table of
Miscellaneous Residential Zoning District Requirements", by
amending the minimum net floor area for multiple -family resi-
dential districts. First Reading.
,SYNOPSIS OFACTION: APPROVED
on first reading subject to the
adjustment of square footage
at second reading. The effective
date is to be determined
before adoption. Public Hearing was
held.
Mr. Henning read by title.
Mr. Henning said there was a revision on 2/20/85 and this refers to
multi -family residences, RM-10, R-3, R-4A and apartments that are
efficiencies, one -bedrooms, two -bedrooms, three -bedrooms or more.
He said this is corresponding to the parking that was discussed
previously.
V/M Stein said the original recommendation by staff has been recom-
mended to be increased by the Planning Commission and he asked
Mr. Henning to read into the record both recommendations of staff
and those of the Planning Commission:
Present R
Z
Efficiency
400 sq. ft. minimum 500 sq. ft. 600 sq. ft.
One -Bedroom Apt.
500 sq. ft. 600 sq. ft. 800 sq. ft.
Two -Bedroom Apt.
600 sq. ft. 800 sq. ft. 1100 sq. ft.
Three -Bedroom or larger
800 sq. ft. 950 sq. ft. 1350 sq. ft.
V/M Stein opened the public hearing. Mr. Rubin said originally when
the City adopted the minimum square footage in 1971, the City had
specific standards for single family and multiple family. He said
in 1978, Planning Commission and Council reviewed the single family
standards and recommended increasing them to those of today. He
said they are now continuing that review of that Ordinance and this
is the first time multiple family has been reviewed. He said last
November V/M Stein asked the Planning Commission to initiate this
review. He said other communities are reviewing their standards
concerning multiple family standards as well.
32
2/27/85
/pm
Mr. Rubin said the numbers listed under "Staff's Recommendations"
are those that represent the standard or typical size of units
coming into the City the last several years as well as a comparison
with neighboring cities. He said the Planning Commission's numbers
were also arrived at by adding up the square footages of various
room sizes. He said as a professional architect, he would side with
the numbers that are presented by staff and would not recommend
increasing them. He said the Planning Commission will hold a public
hearing on 3/6/85 on this item.
Mr. Rubin cautioned Council on two items:
1. The Planning Commission must still make their recommendations
pursuant to State Law.
2. Council determine what the cut-off date will be for new pro-
jects.
Arthur Gottesman, Planning Commission Chairman, said the Planning
Commission appointed an ad hoc committee to make a survey of neigh-
boring cities and their findings were:
City
Margate
Efficiency
500
sq.
ft.
L=jlexhil1
Efficiency
600
sq.
ft.
One --Bedroom
660
sq.
ft.
One -Bedroom
800
sq.
ft.
Two -Bedroom
790
sq.
ft.
Two -Bedroom
800
sq.
ft.
Three -Bedroom
925
sq.
ft.
Three -Bedroom
800
sq.
ft.
Coral Springs
Efficiency
550
sq.
ft.
LAyderdale Lakgs
Efficiency
No
report
One -Bedroom
750
sq.
ft.
One -Bedroom
670
sq.
ft.
Two -Bedroom
900
sq.
ft.
Two -Bedroom
850
sq.
ft.
Three --Bedroom
1050
sq.
ft.
Three -Bedroom
1100
sq.
ft.
Efficiency
No
CQcQnut_
report
Creek
Efficiency
550
sq.
ft.
One -Bedroom
750
sq.
ft.
One -Bedroom
850
sq.
ft.
Two -Bedroom
1100
sq.
ft.
Two -Bedroom
1050
sq.
ft.
Three -Bedroom
1300
sq.
ft.
Three -Bedroom
- -
- -
-- --
Tamarac
Efficiency - - - - - -
One --Bedroom 500 sq. ft.
Two -Bedroom 600 sq. ft.
Three -Bedroom 800 sq. ft.
Mr. Henning asked if these figures are for single-family homes or
apartments and Mr. Gottesman said these are all multi -family apart-
ment figures. V/M Stein closed the public hearing with no further
response. C/M Munitz asked Mr. Gottesman if any of those figures
given have been challenged in the courts and Mr. Gottesman said he
thinks Margate has some court action pending. C/M Stelzer said the
Planning Commission has suggested the highest figures and he sug-
gested a compromise. C/M Bernstein said he would like to see this
Ordinance passed on first reading with the numbers left open as
suggested bearing in mind that the objective is to get the numbers
as high as can be sustained.
C/M Bernstein MOVED APPROVAL of Temp. Ord,-_.1159 on first reading
subject to adjustment at second reading with an effective date to be
determined before adoption. C/M Stelzer SECONDED.
VOTE: ALL D AYE
33 i
2/27/85
/pm
55. Zoning Regulations - T_eMp,._QXd,_ - Discussion and possible
action to create Article XVIII in Chapter 28 of the Code to
establish a B-7 Business/Hotel District. First Reading.
aNOR,.-QF-CTIQN: APPROVED
on first reading subject to the
report of the Planning Commission
and the Ordinance including the
necessity for a traffic study in
its final form. Public Hearing
was held.
Mr. Henning read Temp. Ord. #1163 by title.
Mr. Rubin said last year a representative submitted a proposal to
develop a parcel of land including commercial, retail, multiple -
family and office building and hotel. He said staff advised Council
that there were several steps required in order to move this project
forward. First, the maximum height of the Ordinances in the City
would not permit the type of development requested by the applicant
and, second, there was not a proper zoning district that would allow
a mixed use. He said the third problem was that the Land Use
designation needed to be amended and the parcel would have to be
zoned properly, site planned and platted in accordance with County
standards.
Mr. Rubin said before Council today is the first step of that over-
all process to develop a zoning category that would be permitted in
general in the City and, if adopted, this applicant or any other one
could come before the City to request a zoning to this category. He
said the outline included in T_eM9___.QXd. #lJ63 conforms to the
general outline included in the City Code under the B-3 zoning
district. He said they have included the recommendation for a B-7
district (Business/Hotel) with a minimum lot area of 10 acres in
size, minimum width -300-feet, minimum depth - 300-feet, minimum
frontage along a roadway -500-feet. He said the yard setbacks would
be street -50-feet, side -35-feet, rear -50-feet.
Mr. Rubin said if the property abutted a golf course, the side and
rear setback could be reduced to 25-feet. He said the maximum
building height and total floor area would be 75-feet, approximately
12-feet floor -to -floor. He said the total floor area would not
exceed 85% of the total lot area and maximum lot coverage would be
50%. He said they have included in the Ordinance special regula-
tions regarding lighting of the parking lot, prohibiting outdoor
storage, off-street parking cannot be located within 10-feet of
abutting S-1 zoned property, restricting loading areas to 30-feet
away, restriction for fences, walls and landscaped areas and a
specific list of uses that would be permitted if the property were
zoned to this district: hotel, offices, retail use, restaurants,
golf or latest support facilities, banking facilities (including
drive-in tellers), recreational amenities including lighted tennis
courts, health spas and pools.
Mr. Rubin said this Ordinance was brought to the attention of the
Planning Commission at their last meeting and they chose at that
time to not discuss the item. He said it is being advertised for
their 3/6/85 public hearing and he asked if Council chooses to move
forward on this Ordinance today, final reading be held until there
is a specific recommendation from the Planning Commission.
J. Barry Curtin, Attorney for Oxford Development Corporation, said
they are one of the interested parties in this Ordinance. He sug-
gested the public be heard with his response following their com-
ments. V/M Stein opened the public hearing.
34
2/27/85
/pm
Harry Apone, President of Section 6, said he had a petition signed
by 655 residents of the City who urge the Council to approve the
Oxford plan to develop Sabal Palm Golf Club. He said they want the
City to be able to control the golf course forever and he also had a
Resolution of the Executive Board of the Section 6 Association
signed by 10 members approving the Oxford plan. He said of the 655
signatures on the petition, approximately 500 reside in Section 6
and the balance are concerned citizens who urge approval. He said
he also had 27 signatures from the Presidents of different sections
of the City and he submitted all these papers to the Assistant City
Clerk for the record.
Florence Bochenek, Beautification Committee Chairperson, read a
letter from the President's Council, "We approve the concept as long
as it will conform to all of Tamarac's zoning and building Codes and
requests of our Planning Consultant and subject to a favorable
financial report from the Golf Feasibility Committee."
Murray Weiner, resident, said the Oxford people are telling the
residents that unless they go along with what they want they will
build on the golf course and they cannot do that. Mr. Henning said
from what he has seen of the original court orders, they verify that
the R-4 zoning is for the area where the clubhouse is now located on
the northeast corner of Rock Island Rd. and Commerical Blvd. He
said before any houses can be built on the golf course there would
have to be a rezoning, site plan approval, etc. He said it should
be noted that Oxford Corp. is not here for a rezoning today but this
is merely an attempt to consider whether the City wants to create a
new zoning district and if approved, Oxford would then like to take
advantage of this new classification and bring in their site plan.
Mr. Henning said with the necessary Land Use Plan amendments, this
would be a year or two away before finished. Lillian Feldman,
resident, said at the last meeting at which Oxford Development gave
their presentation, on the brochure it stated that the 375 rental
apartments would be for adults only. She asked if this could be
clarified now. V/M Stein said there is nothing in the Order from
the Court that specifies "adults only". Mr. Curtin said it was
their intention, as stated at the last meeting, to market to the
family -type category; however, there is a problem since the
financing mandated by Broward County for the reduced interest rate
financing they are seeking, requires this not be stipulated.
Bill Grotski, resident of Bermuda Club, said he objected to high
buildings and increased traffic problems. John Fleming, President
of the Mainlands Maintenance Section 7 Corporation, said the
majority of the people from Section 7 are opposed to the building of
the hotel and other buildings on the golf course.
Tape 9 Al Fedderman, resident of Section 7, said he has a list of 35 people
who live around the perimeter of the golf course facing this project
and they bought their homes under the assumption that this would
always be a golf course. He said that is why they are for this
project. Tom Midgley, resident of Section 6, said there are 537
individual homes in his area requesting approval of this Ordinance
by Council. Charles Elner, resident of Section 7, said this plan
was originally proposed to be built in Section 6.
Arthur Gottesman, Planning Commission Chairman, said about 2 weeks
ago at a Site Review Meeting, the Planning Commission was told the
Ordinance was being written by the attorneys of the developer and
sketches would be made available for their meeting of 2/20/85.
35
2/27/85
/pm
Mr. Gottesman said they were asked to put it on the agenda and, on
2/21/85, Mr. Curtin called and said he did not have the Ordinance
but would have it on Friday. He said they did not get the Ordinance
as promised and they did not receive it until after the meeting
started. He said they had no opportunity to review it. He said two
weeks ago, on the promise that this Ordinance would be available,
the public hearing was advertised for today with Council, with the
proviso that the Planning Commission would review this Ordinance
first. He said this Ordinance will be discussed by the Planning
Commission next Wednesday and he felt this was not proper order.
V/M Stein noted that the discussion concerns a zoning Ordinance and
nothing else at this moment. Mr. Elner said this Council should not
have accepted the petition for buildings on the golf course and V/M
Stein said the Council has no right to turn petitions away and he
noted that the City Planner said even if this Ordinance were
approved on first reading, it would be subject to the Planning
Commission Public Hearing and report.
Nick Camerano, President of the Shaker Village Condo Association,
asked what benefits the residents of Tamarac will receive from this
hotel. He said he did not sign the petition that other section
Presidents signed. He questioned the fire and rescue protection and
the traffic this will cause.
Alice Norian, resident, said the Ordinance was written by the
attorneys for the developer, Page 1, under "Exceptions", "Wherever
two commercial buildings are proposed to abut each other, the side
access to the rear of the building shall be unobstructed for a
minimum of 25 feet." She said with the increased height of the
building, increased population, increased problems of hazards,
concerns for fire and police access, there will be tremendous
problems. She said the City Attorney should draft the Ordinance and
not the attorneys for the developer.
Mrs. Norian said the people of Section 6 were told by the developers
by letter, "There will be NO office building built on Section 6 at
all. Instead, it is proposed to go adjacent to the hotel and new
clubhouse site at the northwest corner of the turnpike and
Commercial Blvd. The northeast corner of Commercial Blvd. and Rock
Island Rd. site extending northward will contain the already
approved 375 high quality rental apartment units. There are several
reasons why this development could be advantageous to the City of
Tamarac in general and to Sections 6 and 7 in particular. It would
increase our City's income by adding to the tax rolls. It would
insure the continued existence of the golf course which surrounds
us. The course would be donated free of charge to our City and all
indications are that it would be a money -making operation." She
continued to read from the letter from the developer, "Finally, we
have a handshake agreement from Mr. George Janke, Oxford Senior
Development Manager, to continue supplying us with water for our
canals and irrigation system, not at the previous charge to us,
$350.00 per month, but at "No Charge at all" if this whole deal goes
through. This is a direct savings of $4,200.00 per year to us in
Section 6."
City Attorney Henning said for the record, he is not for or against
this issue and will do what the Council instructs him to do. He
said the purpose of this meeting is to get input from the public as
to whether or not hotels belong in Tamarac and, if so, under what
guidelines. He said the staff agrees that there are at least three
locations on Commercial Blvd. between the turnpike and the Sawgrass
Expressway where a hotel/mixed use could possibly be used. He said
if the public is opposed to hotels and office buildings completely,
Council should be aware of this.
36
2/27/85
/Pm , /
Mr. Henning said the good part for the City is that there is a tax
base with taxes paid by commercial property owners. He noted that
this is not a rezoning hearing and if this Ordinance passes, then
Oxford Development will request a rezoning and, at that time, the
site plans, traffic, etc. will be reviewed.
Helen Massaro, resident, said in 1971 she personally hired an attor-
ney to make sure that 10-story apartments could not be put in Sec-
tion 6, the Rock Island Rd. Golf Course. She said the attorney she
brought in threatened a grand jury investigation and the entire
Planning Commission resigned as a result of it. She said Tamarac
does not need 7-story buildings. She said this is a dangerous area
and three people have already been killed there and the people have
been misled concerning this item.
Mr. Curtin, attorney for Oxford Development, said they are present
today for discussion of the Ordinance which was originally suggested
after a meeting with City staff in order to determine how an
application for a hotel/office building could be accommodated in
Tamarac. He said the only way it would be possible, other than
through an Ordinance, was through a Variance and other legal mechan-
isms which could not be done. He said the City had to adopt a new
Ordinance and, subsequent to January, he, along with the architect
for Oxford, developed an Ordinance from the City's B--3 Ordinance,
the existing Ordinance. He said he made suggested modifications
which would accommodate the site plan which they were contemplating.
Mr. Curtin said that was submitted to the City in the middle of
January and, at that time, they did not immediately come forward and
move the application but waited to canvass the residents attitudes.
He said the letter submitted to Mr. Gottesman mentioned 7-stories,
however, when they originally appeared at a non -binding hearing to
review plans on 11/2/84, they were discussing a 7-story office
building. He said there is a representative present tonight from
the Royce Co. and, based on the public's concerns, they are suggest-
ing a 5-story hotel, which would be a maximum of 60 feet. He said
the City's existing Ordinance permits 50 feet and they are request-
ing 10 more feet because of a series of needs that a hotel has.
Mr. Curtin said this was submitted to the City Attorney and City
Planner in the middle of January and then elected not to move for-
ward and, in early February, after the community's input, they
decided to move forward. He said Mr. Rubin and Mr. Henning then
modified that Ordinance to be completely City -drafted. He said it
is much broader in scope than what Oxford originally planned and was
not presented to the Planning Commission because Mr. Rubin was
unavailable to review it in sufficient time.
Tape 10 Mr. Curtin said Oxford intends to develop 375 apartment units on
the corner property which is not at issue today. He said there is
a court adjudication from August, 1977 and subsequently the Fourth
District Court of Appeal states that the 375 apartments are approv-
ed and may be developed. He said the purpose today is to pass an
Ordinance to permit a hotel/office complex and it is their proposal
that if this Ordinance is adopted, they will make an application
which will require exhaustive review by the City and the County.
He said if traffic cannot be accommodated, they will not be
permitted to receive permits. He said if traffic is a major
0=11 concern, the Ordinance can attach a condition that in order to
receive building permits the applicant must demonstrate a level of
service on the surrounding roadway network. Mr. Curtin said the
existence of that condition does not moot the possibility of that
use or benefit to the City.
37
2/27/85
/pm
Mr. Curtin explained that the letter sent by Oxford to the resi-
dents dated 1/14/85, states on Page 2 near the bottom, "In 1988,
the restriction to operate the golf course expires." He said that
statement is true and the utilization of the golf course after that
is undetermined and unspecified. He said there is a 20-year re-
striction which expires on 10/1/88 and there is a substantial
likelihood that something will be developed there other than a golf
course. He said even the lowest zoning category possible would
permit 750 single family homes.
C/M Stelzer said the statement Mrs. Massaro made that any deals
were made with Oxford are lies. He said Oxford has told the City
that since they have to put such a large water retention area in
Section 7, they are going to put pumps in the canals so that Sec-
tion 7 can get all the water they need from the drainage canals and
will save a considerable amount of money. He said concerning the
City's benefit by this development, on the bills that the Sabal
Palm Country Club now pays for real estate taxes, the portion that
Tamarac receives is $2,500.00 per year. He said if this develop-
ment goes in, the assessed value of the properties, the 375 homes,
the hotel and office building, would be approximately 45 to 50
million dollars and the City would be receiving close to
$100,000.00 in taxes. He said the people most affected by this
hotel are the ones who asking that it be permitted.
C/M Bernstein said there is no relation between the apartments that
are going to be built along Rock Island Rd. and the question of the
hotel and the golf course. He said there is no guarantee that S-1
zoning can be maintained after 3-1/2 years. He MOVED APPROVAL of
Temp,-Qr_. #1163 on first reading, SECONDED by C/M Stelzer.
Mr. Henning said the residents are confusing rezoning petitions
with amendments to the Ordinance. V/M Stein said this is a public
hearing which is a first reading of the Ordinance and Mr. Rubin has
requested that nothing be done until a report is received from the
Planning Commission and a traffic study before the second reading.
C/M Munitz asked Mr. Curtin if they were not mandated by the County
Commission for an independent traffic engineering study and
Mr. Rubin said the property must be platted and the applicant's
engineers met with him and the County engineers several months ago
and they stated they would like an independent traffic study.
Mr. Henning suggested a requirement be included in the Ordinance
that the traffic be addressed rather than stipulate that they must
have a traffic study before the second reading. V/M Stein stated
the MOTION as approval of Temp. Ord-_411,U on first reading,
subject to the report of the Planning Commission and that by second
reading, this Ordinance contains a requirement of an independent
traffic study as requested by the City Planner. Both V/M Stein and
C/M Stelzer agreed to the amendment.
►0 _ �_ W X.
V/M Stein adjourned the meeting at 7:45 P.M.
r
MAYOR
ATTEST:
ASSISTANT CITY CLERK
This public document was promulgated at a cost of $442.00 or $32.80
per copy to inform the general public and public officers and
employees about recent opinions and considerations by the Council
of the City of Tamarac.
38
2/27/85
/pm
ik
CITY OF TAMARAC �.
APPROVED AT MEETING OF ,7 f5
., L -. ,
ATTACHMENT 1 - 2/27/85 Council Meeting
Item 9 - Golf Feasibility Committee - Report by C/M Stelzer
February 27, 1985
TO THE CITY COUNCIL
The Golf Feasibility Committee has examined the figures compiled by John C. Downes
a Certified Public Accountant, which were submitted by Mr. Prichard Stackhouse, the
owner of Sabal Palm Country Club.
Na signedverification
lncomehas
Taxbeen
Returnaeand found tnof these gbees'
except to compare them to a copy of
in agreement.
After eliminating all figures which would be irrelevant to the operation of the
Golf Course if owned by the City of Tamarac, the Committee has come to the
following conclusion. -
The cabal Palm Golf Course would be a valuable asset to the City of Tamarac,
if given to them as a gift, provided the following conditions were met:
1, Oxford is to submit a Report by a qualified Agronomist setting forth the
condition of the Golf Course at present, and indicating in detail the
repairs that Oxford will make to bring the Golf Course up to top-notch
condition. A time schedule of completion should also be submitted.
2. oxford is to submit drawings prepared by a qualified Golf Course Architect
showing all changes in location of tees, fairways and greens
st and tre uirehotel/office
d to
accommodate the construction of the housing P
buildings, indicating yardages.
3. oxford is to submit drawings prepared by a qualified Golf Course Architect
indicating the location of the Putting Green and Driving Range and indicate
the method of construction.
4. oxford is to submit a Report from a qualified Sprinkler and Drainage Engineer
indicating the adequacy or inadequacy of the present systems, and what improve-
ments they contemplate making.
5. oxford is to submit a Report by a qualified Greenskeeper, or similar expert,
as to the condition of the machinery and equipment presently owned, and
indicate repairs and replacements that would be required to adequately
service the Golf Course.
6. oxford is to submit a Report from a Golf Cart Company, setting forth the age,
condition and usability and the number of golf cars owned.
7. oxford is to construct a building to house all machinery and equipment and
indicate where such building will be located.
8. oxford is to provide at the Hotel, underground storage facilities for Golf
Carts and Golf Clubs; a Pro -shop similar in size to the existing pro -Shop,
an office for use by City Employees, a Restaurant accessible to Golfers,
adequate parking and cross -parking privileges, and a starting area for
Golfers.
Upon the receipt of the above information submitted by Oxford Development, we
will submit this to our experts for further analysis.
Upon receipt of our experts Report we will make the final decision to the
It City Council.
GOLF FEASIBILITY COMMITTEE
Maxwell Wallenstein, Chairman
/lc