HomeMy WebLinkAbout1986-03-12 - City Commission Regular Meeting MinutesTq
r. T y
u n.
R1
P.O. BOX 25010
TAMARAC, FLORIDA 33320
FIR T CLASS MAIL
CITY OF TAMARAC
CITY COUNCIL
REGULAR COUNCIL MEETING
WEDNE DAY MARCH 12 198
CALL TO QRDER: 9:00 A.M.
p' ALLOCATIONS MOTIONS TO TABLE - The Chair
atNthis Etime -willlannounce those items whit have
b
ME ALL CATIONS M TION
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.
PROCLAMATIONS
1. FeStivgl of the Hindu s - Announcement of a proclamation to
be presented by Mayor Kravitz designating March 26, 1986,
as "Festival of Holi - Phagwa".
BOARDS AND COMMITTEES
2. Welcoming Committee - Discussion and possible action on:
a) Acceptance of resignation of Irving Pellman
b) Appointment of member(s) to this committee - Temp,
Res #4017
3. Board --of Social -Services - Discussion and possible action
on:
a) Acceptance of resignation of Dr. Philip M. Steinberg
b) Announcement of a vacancy on this committee
4. Announcement of an alternate position vacant on each of
the following:
a) Planning Commission
b) Board of Adjustment
If anyone is interested in serving on either of the above
committees or boards, please contact the City Clerk's
office for an application.
CONSENT AGENDA
Items listed under Item #5, Consent Agenda, are viewed to
be routine and the recommendation will be enacted by ong
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 2/12/86 - Regular Meeting - Approval
recommended by City Clerk.
PAGE 1
3/12/86
b) Minutes of 3/5/86 - Special Meeting -Approval re-
commended by City Clerk.
c) Williams, Hatfield & Stoner, Inc. -- Approval to pay
the following invoices as recommended by the Utilities
Director/City Engineer:
1) Invoice 1710-24, Statement 2 - 12/31/85 - $253.10 -
TUW Pump Stations 16A and 16B (85-4) (tabled from
2/26/86)
2) Invoice 1849-01, Statement 2 - 12/31/85 -
$16,645.30 - 2.0 MG Ground Storage Tank (84--19)
(tabled from 2/26/86)
3) Invoice 2214-04, Statement 4 (Final) - 2/6/86 -
$2,989.55 - NW Force Main and Pump Station (84-6)
d) CH2M Hill - Approval to pay the following invoices as
recommended by the Utilities Director/City Engineer:
1) Invoice 02-474 - 2/14/86 - $4,249.37 - Sludge
Dewatering/Composting (84-7)
2) Invoice 02-467 - 2/14/86 -- $8,549.41 - NW Force
Main (84-6)
e) James M. Montgomery, Consulting Engineers, Inc. -
Invoice 59396 - 2/4/86 - $1,830.00 - Fuel Storage
Tanks (85-7) - Approval recommended by Utilities
Director/City Engineer.
f) Florida Testing & Engineering Co. - Approval to pay
the following invoices as recommended by the Utilities
Director/City Engineer:
1) Invoice 43701 - 1/31/86 - $88.00 -- Sanitary Sewer
Rehab (84-4)
2) Invoice 43701-A - 1/31/86 - $55.00 - TUW Wells 12
and 13 (84-14)
g) Kimley-Horn and Associates, Inc. - 1/23/86 -
$3,804.66 - Traffic Engineering Study - Approval
recommended by Finance Director.
h) Muller, Mintz, Kornreich, Caldwell, Casey, Crosland &
Bramnick, P.A. - Special Labor Counsel - 9/4/85 -
$435.37 -- Approval recommended by City Attorney.
i) Billing, Cochran & Heath, P.A. - Special Counsel for
Saito vs. City of Tamarac - 2/25/86 - $2,829.99 -
Approval recommended by City Attorney.
j) Justice Reporting Service, Inc. - Invoice 11360 -
2/21/86 - $459.20 - EMS Review Committee Meeting --
Approval recommended by City Attorney.
k) Alan F. Ruf - Consulting City Attorney - Prosecution
Services - 2/28/86 - $1,635.00 - Approval recommended
by City Attorney.
1) Alan F. Ruf - Consulting City Attorney - General
Services - 2/28/86 - $3,973.75 - Approval recommended
by City Attorney.
m) Request by John Taribo for severance pay - Approval to
remove this item from the agenda.
61
44
PAGE 2
3/12/86
GENERAL ADMINISTRATIVE/FINANCIAL
6. Confid nt'al, au-pervisory and Managgrial Employges - T-emp.
Reso= 4381.1 - Discussion and possible action to approve a
pay plan and benefit package for these employees (tabled
from 2/26/86)
7. Tamarac Park Satellite Building - Discussion and pos-
sible action on:
a) Payment to Sheridan Lumber, Inc., in the amount of
$1,218.30
b) Payment to Glass & Estimating Corp., in the amount of
$130.00
c) Approval of increase in the amount of $300.00 for
insulation over the auditorium
d) Approval for asphalt tile in an amount not to exceed
$4,004.75
8. TamargcPgrk - Temp. Reso. #4018 - Discussion and possible
action to establish a fee schedule and procedures for use
of the tennis courts.
9. Police Professinnal„L abilit,y_Insurance - Discussion and
possible action on purchasing this coverage.
10. Broward League of Cities Business - Discussion and
possible action on:
a) Ump, Reso. #4019 supporting the League's position
urging the County to prohibit street vendors
b) Reports
1. Nq_rtb]gest ,ouncil of Mayors Business - Discussion and
possible action.
TAMARAC UTILITIES
12. st - Two Separate and Distinct Operations
and Maintenance Buildings (Project 85-20) - Discussion and
possible action to approve a contract with Daniel E.
Adache & Associates/Russell & Axon, Inc., for engineering
and architectural services (tabled from 2/26/86)
13. Utiliti s West - Discussion and possible action to approve
a waiver of competitive bidding procedures and to purchase
a spare blower/motor unit for the compost biofilter odor
abatement unit.
14. l st -- Discussion and possible action on a
request that James Robinson attend a seminar on backflow
prevention in Gainesville on April 14 - 18, 1986.
15. Utilities West - W lls 12 and P c 4- 4 -
Discussion and possible action to approve Change Order #2
with K. Herron and Sons increasing the contract by
$1,084.00 to a new total of $10,477.00.
6. Util_ities West - Water Treatment Plant Transfer Pumps
_CP-ro3ect 85-191 - Discussion and possible action to
authorize Hazen and Sawyer to provide general supervision
of the transfer pump construction contract which was
awarded to Utilities Services, Inc.
17. Utilities East - Bid Authorization -- Virg Hydrants
and Water main Valves Project 84-23 - Discussion and
possible action to approve solicitation of bids for
installation of nine (9) additional fire hydrants and five
(5) additional water main valves.
PAGE 3
3/12/86
18. Utilities East - Discussion and possible action on:
a) Bill of Sale transferring ownership of the Tamarac
Pumping Station from the City of Fort Lauderdale to
the City of Tamarac - Temp. Reso. #4020
b) Second Amendment to Large User Wastewater Agreement
between Tamarac and the City of Fort Lauderdale -
Temp. Reso. #4021
19. Utilities East - Tamarac Lakes Gravity Sewers (Project
$4-5) - Temp- Reso. 44022 - Discussion and possible action
to authorize the City Manager to reject the grant and to
refund $3,276.00 to Florida D.E.R.
LEGAL AFFAIRS
20. City Attorney_ - Temp. Reso. #4024 - Discussion and
possible action to accept the resignation of
Jon M. Henning.
21. Investments of City Funds - Temp. Reso. #4025 - Discussion
and possible action to establish procedures for investment
transactions.
22. Temporary Model- Sales and Administrative Uses - Temp.
Reso, #4023 - Discussion and possible action to
establish fees for waivers by Council of distance restric-
tions for issuance of certificates of occupancy.
23. E,SM Lilisation Expenses - Report by City Attorney_ -
Discussion and possible action on outstanding invoices
pertaining to this matter (tabled from 2/26/86)
24. Miller & Meier Architects - Status Report by
Cguncllman_Gottesman - Discussion and possible action
regarding the Municipal Complex (tabled from 2/26/86)
PUBLIC HEARINGS - 2:00 P.M.
25. Justus Nomps, Inc., ofTFlorida - Rezoning Petition
#1-Z-86 - Temp. Ord, #1244 - Discussion and possible
action to rezone lands proposed for the recreation area
for Hidden Harbour on the west side of NW 88 Avenue, north
of NW 77 Street from R-3U (Low -Medium Density Residential)
to S-1 (Open Space/Recreational). Second Reading.
a) Acceptance of Affidavit of Publication and Affidavit
of Posting.
b) Consideration of application.
26. Homeowner Warranty Bonds - Temp. Ord. #1243 - Discussion
and possible action to amend Chapter 7 of the Code to
revise the HOW bonding requirements for multi -family
rental developments. Second Reading.
N
67L
:1
PAGE 4
3/12/86
COMMUNITY DEVELOPMENT
27. Golf Villas of Sabal Palm - Discussion and possible action
on:
a) Request to substitute a Letter of Credit for a cash
bond which was posted as a homeowner warranty (tabled
from 2/26/86)
b) Revised Site Plan reflecting revised dimensions
between Buildings 3 and 4 - gyp= Reso. #4038
C28. SunIil4wOr ShOPRing_plaza -RgvigeQ Site Plan - TemD.
Reso. #4028 - Discussion and possible action on a revised
site plan for the Blue Dolphin Restaurant reflecting a
wood screen and canvas canopy.
29. n 57 - Revised Site Plan - Temp. Reso.
#4029 - Discussion and possible action on a revised site
plan reflecting two entrance signs.
30. Tract 24 - Temp. Reso. #4030 - Discussion and possible
action on:
a) Refund of CIAC fees and voiding of the Water and Sewer
Developers Agreement
b) Refund of Water Retention fees and voiding of Water
Retention Agreement
c) Refund of Drainage Improvement fees
d) Voiding of site plan
e) Voiding of plat
31. Jasmine - Bond Release - Temp. Reso. #4027 - Discussion
and possible action to release a cash bond posted for
Building 1 curbs.
32. Belfgrtt - Phase III - Discussion and possible action on a
Water and.Sewer Developers Agreement (tabled from
11 2/26/86).
33. Kings Point - Sign Waiver - Temp, _Reso, .14026 - Dis-
cussion and possible action to renew a sign waiver
pertaining to number, size and location of community
directional signs.
34. Woodlands n' ed Methodist u ch - Discussion and
possible action to extend the time allowed for the place-
ment of directional signs on property other than their
own.
REPORTS
35. City Council
36. City Manager
37. City Attorney
11
PAGE 5
3/12/86
- - - - -- - - - - - - - - - - - -- - - -- - - - - - - - - - -- - -
PUBLIC HEARINGS - 5:05 P.M.
AMENDMENTS TO THE LAND USE ELEMENT OF THE LAND USE PLAN
38. The _land uses _for Land Section 7, Township 49 South,
Range 41 East:
a) Addition of the land use "Water" - Temp. Reso.
#4031
b) Addition of the land use "Transportation" - Temp.
Reso #4032
c) Correction of acreage statistics in Study Area
(Flexibility Zone) 62 - Temp. Reso. 14033
d) Amendment of the south half of land use and map for
Land Section 7, Study Area (Flexibility Zone) 62 -
Temp, es #4034
e) Amendment of the north half of land use and map for
Land Section 7, Study Area (Flexibility Zone) 62 -
T_emp_, Reso. #4035
39. land use for Tamarac Nuxsing Center in Land
Section 9, Township 49 ,gouth.-R_an9e._41 East, permitting
Special Care uses within the guidelines established by
Broward County Ordinance 85-92 - Temp. Reso. #4036
40. The land use for Woodlands United Methodist Churc
Land_ Section 3, TownshiE?-49- ,5outh. Range 41 East, amending
the designation and map from Community Facilities to
Commercial in Study Area (Flexibility Zone) 60 -
Temp, Reso. #4037
City Council may consider and act upon such other business as
come before it.
Pursuant to Chapter 286.0105, Florida Statutes, if a person
decides to appeal any decision made by the City Council with
respect to any matter considered at such meeting or hearing, he
may need to ensure that a verbatim record of the proceedings is
made which record includes the testimony and evidence upon which
the appeal is based.
I AM, I J N �11/10 �W
Carol E. Barbuto
Assistant City Clerk
SPECIAL COUNCIL MEETINQS AND PUBLIC_ HEARINGS
Tuesday, March 18, 1986 - 10:00 A.M. - Special City Council
Meeting - Regarding Election Results
Wednesday, March 19, 1986 - 7:00 P.M. - Special City Council
Meeting/Public Hearing -
Regarding seven (7) Ordinances
44
PAGE 6
3/12/86
CITY OF TAMARAC, FLORIDA
REGULAR CITY COUNCIL MEETING
March 12, 1986
Tape 1 CALL TOORDER: Mayor Kravitz called the meeting to order on
Wednesday, March 12, 1986, at 9:00 A.M. in the Council Chambers.
ROLL CALL: PRESENT:
Mayor Philip B. Kravitz
Vice Mayor Helen Massaro
Councilman Arthur H. Gottesman
Councilman Raymond J. Munitz
Councilman Sydney M. Stein
ALS PRESENT•
Larry Ferretti, City-Maiiager
Jon M. Henning, City Attorney
Marilyn Bertholf, City Clerk
Patricia Marcurio, Secretary
GENERAL ADMINISTRATIVE FINA CIAL
9. Police Professional Liability Insuranc - Discussion and
Possible action on purchasing this coverage.
�I4I�QF ACTION: TABLED
at the request of the City
Manager.
City Manager Perretti suggested TABLING this item and
Mr. Henning asked if there would be a problem with any policies
lapsing and Mr. Perretti said no.
C/M Stein MOVED to TABLE this item, SECONDED by C/M Munitz.
V TE : LL _YQTED AYE
TAMARAC_, UT 1 L LT I ES
12. Util i t eg st - T]io Sepgrate and Distinct erat ' ons
d n n nc Bu'ld'n s I'Project 85-20 - Discussion and
Possible action to approve a contract with Daniel E. Adache &
Associates/Russell & Axon, Inc., for engineering and archi-
tectural services (tabled from 2/26/86)
SYNOPSIS OF ACTION: TABLED
at the request of the Utilites
Director/City Engineer.
Mr. Perretti said Mr. Greenwood is ill and, because the negotia-
tions to make a presentation on this item are not complete, he is
requesting this item be TABLED.
C/M Munitz so MOVED, SECONDED by C/M Gottesman.
VOTE: L VOTED AYE
_UNERAL ADMINI,5TRATIVE FINANCIAL
6•Cgnfid n e i or and na a al E to ees - Temp.
gas 3811 - Discussion and possible action to approve a pay
so plan and benefit package for these employees (tabled from
2/26/86)
Y P I F ACTION: TABLED
at the request of the City
Manager.
1
3/12/86
/pm
Mr. Perretti asked that this item be TABLED and C/M Gottesman so
MOVED, SECONDED by C/M Munitz.
VOTE: ALL VOTED AYE
41. Invoice from Kruse, O'Connor & Ling - Discussion and possible
action on payment.
SYNOPSIS -OF ACTION: Agendized by Consent.
(See Pages 17 & 18)
Mr. Ferretti requested Agendizing by Consent, discussion and
possible action concerning an invoice from Kruse, O'Connor & Ling
in the amount of $7,057.00, for an Actuarial Evaluation of the
Pension Plan.
C/M Gottesman so MOVED, SECONDED by C/M Munitz.
VOTE: ALL VOTED AYE
MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Kravitz called for a
Moment of Silent Meditation followed by the Pledge of Allegiance.
PROCLAMATION
1. Festival -of the Hindus - Announcement of a proclamation to be
presented by Mayor Kravitz designating March 26, 1986, as
"Festival of Holi - Phagwa".
SYNOPSIS OF ACTION: Proclamation 41
will be mailed to the appropriate
people.
Mayor Kravitz announced that a proclamation designating 3/26/86 as
"Festival of Holi - Phagwa" will be mailed to the appropriate
people.
BOARDS AND COMMITTEES
2. WelcomingCommittee - jDiscussion and possible action on:,
a) Acceptance of resignation of Irving Pellman
b) Appointment of member(s) to this committee - Temp.
Reso. #4017
SYNOPSIS -OF ACTION:
a) ACCEPTED resignation of
Irving Pellman
b) TABLED to the 3/26/86
Council meeting.
a) C/M Gottesman MOVED to ACCEPT the resignation of Irving Pellman,
SECONDED by C/M Munitz.
VOTE:
ALL VOTED AYE
b) Mr. Henning read Temp. Reso= #4017 by title.
C/M Munitz MOVED to TABLE this item to the 3/26/86 Council meet-
ing, SECONDED by C/M Stein.
VQTE: ALL VOTED AYE
2
3/12/86
/pm
3. Board of Social ,gervices - Discussion and possible action on:
a) Acceptance of resignation of Dr. Philip M. Steinberg
b) Announcement of a vacancy on this committee
SYNOPSIS, OF -ACTION:
a) ACCEPTED resignation of
Dr. Philip M. Steinberg
b) Mayor Kravitz announced
vacancies on this committee.
a) C/M Gottesman MOVED to ACCEPT the resignation of Dr. Philip M.
Steinberg, SECONDED by C/M Munitz.
VOTE:
ALL VOTED AYE
b) Mayor Kravitz announced a vacancy on this committee and urged
interested parties receive applications from the City Clerk's
office.
4. Announcement of an alternate position vacant on each of the
following:
a) Planning Commission
b) Board of Adjustment
SYNOPS1 OF ACTION:
Mayor Kravitz made the
announcement.
Mayor Kravitz announced the vacancies on the above mentioned Board
and Commission and urged interested parties contact the City
Clerk's office for an application.
CONSENT AGENDA
5. Consent A end -
SYNOD IS OF_AgTION:
APPROVED Items a) through 1).
Item m) was REMOVED for discussion
and the request for the City to
withdraw dismissal and accept a
resignation with 2 weeks severance
pay was APPROVED by Council.
a)
Minutes of 2/12/86 -
Regular Meeting - Approval recommended by
City Clerk.
b)
Minutes of 3/5/86 -
Special Meeting - Approval recommended by
City Clerk.
c)
Williams, Hatfield &
following invoices
Stoner, Inc. - Approval to pay the
as recommended by the Utilities Director/
City Engineer:
1) Invoice 1710-24,
Statement 2 - 12/31/85 - $253.10 - TUW
Pump Stations 16A and 16B (85--4) (tabled from 2/26/86)
2) Invoice 1849-01,
Statement 2 - 12/31/85 - $16,645.30 - 2.0
MG Ground Storage
3) Invoice 2214-04,
Tank (84-19) (tabled from 2/26/86)
Statemgnt;.,.4 JFinal) - 2/6/86 - $2,1989.55 -
NW Force Main and
Pump Station (84-6)
d)
CH2M Hill - Approval
to pay the following invoices as re-
commended by the Utilities
Director/City Engineer:
1) Invoice 02-474 -
2/14/86 - $4,249.37 - Sludge Dewatering/
Composting (84-7)
e)
2) Invoice 02--467 -
James M. Montgomery,
2/14/86 - $8,549.41 - NW Force Main (84-6)
Consulting Engineers, Inc. - Invoice
59396 - 2/4/86 - $1,830.00
- Fuel Storage Tanks (85-7) -
Approval recommended
by Utilities Director/City Engineer.
3
3/12/86 /
/pm �/
f) Florida Testing & Engineering Co. - Approval to pay the
following invoices as recommended by the Utilities Director/
City Engineer:
1) Invoice 43701 - 1/31/86 - $88.00 - Sanitary Sewer Rehab
(84-4)
2) Invoice 43701-A - 1/31/86 - $55.00 - TUW Wells 12 and 13
(84-14)
g) Kimley-Horn and Associates, Inc. - 1/23/86 - $3,804.66 -
Traffic Engineering Study - Approval recommended by Finance
Director.
h) Muller, Mintz, Kornreich, Caldwell, Casey, Crosland &
Bramnick, P.A. - Special Labor Counsel - 9/4/85 - $435.37 -
Approval recommended by City Attorney.
i) Billing, Cochran & Heath, P.A. - Special Counsel for Saito vs.
City of Tamarac - 2/25/86 - $2,829.99 - Approval recommended
by City Attorney.
j) Justice Reporting Service, Inc. - Invoice 11360 - 2/21/86 -
$459.20 - EMS Review Committee Meeting - Approval recommended
by City Attorney.
k) Alan F. Ruf - Consulting City Attorney - Prosecution Services-
2/28/86 - $1,635.00 -- Approval recommended by City Attorney.
1) Alan F. Ruf - Consulting City Attorney -- General Services -
2/28/86 - $3,973.75 -- Approval recommended by City Attorney.
m) Request by John Taribo for severance pay - Approval to remove
this item from the agenda.
SYNOPSIS OF ACTION:
APPROVED Items a) through 1).
Item m) was REMOVED for discussion
and the request for the City to
withdraw dismissal and accept a
resignation with 2 weeks severance
pay was APPROVED by Council.
(See Pages 27 & 28).
Mr. Henning requested that Item m) be REMOVED for discussion and
C/M Gottesman so MOVED, SECONDED by C/M Munitz.
Mr. Henning determined that a vote was not needed on this MOTION.
C/M Stein MOVED APPROVAL of Items a) through 1), SECONDED by
C/M Munitz.
Melanie Reynolds, resident, said she has asked Council to review
two charges on Alan Ruf's bill concerning his conference with the
Charter Board. She said Mr. Ruf should not have charged the
Charter Board since it was her inquiry. She said she had no right
to make any charges and she told Mr. Ruf's office that he could
not charge the Charter Board. She said this bill of his should be
revised to accommodate this discrepancy.
Mr. Henning said they have been itemizing the bills and charging
them to the various departments whenever applicable. He said on
Mr. Ruf's last bill, there were two entries on the bill that were 41
a total of less than 2 hours which concerned an inquiry from
Melanie Reynolds to Alan Ruf's office asking him to provide some
information about what he had been doing regarding a..petition for
referendum for either the Sheriff',s Office or the sewer plant. He
said Mr. Ruf apparently did the research and when the bill came
through he charged it to the Charter Board.
4
3/12/86
/pm
r
11
C/M Stein said any citizen cannot call Alan Ruf and have a bill
sent to the City. He said Mrs. Reynolds had no right to do this.
V/M Massaro said by memo to Mr. Ruf, Mr. Henning was asking
Mr. Ruf to perform a service; therefore, Mr. Ruf is entitled to be
paid. Mr. Henning said he gave written instructions to Mr. Ruf
that if there were public records Mrs. Reynolds was entitled to,
they should be presented to her but no work should be done to
create a report for her.
C/M Stein asked that all the information be given td Council in
the afternoon.
VOTE: ALL VOTED AYE
m) Mr. Henning said he requested this item be removed so that he
could give a brief report. He said there was a Special Council
meeting on this subject a week ago regarding termination of
John Taribo and, at that time, there was a request for 6 weeks
severance pay. He said he has set up a preliminary meeting with
Mr. Taribo and his attorney before the City Manager for 3/14/86.
He said they are then posturing for a grievance hearing before the
City Council if, in fact, the preliminary meeting is Denied by the
City Manager.
Mr. Henning said during negotiations, there was a counter offer
made by Mr. Taribo's attorney, who requested 2 weeks severance pay
rather than 6 weeks. He said 2 weeks is discretionary to the City
Manager. He said he is not opposed to having this item removed
from the agenda but he wanted to give Council this up -dated
report.
V/M Massaro suggested Council accept this offer and C/M Stein said
he agreed. Mr. Henning noted that City Manager Perretti is
authorized already to accept the offer of the 2 weeks severance
pay without further Council action. He said acceptance of this
offer would probably include removal of some of the reprimands
from Mr. Taribo's file.
C/M Stein noted that it would be better for Council to authorize
this as a back-up for the City Manager.
V/M Massaro MOVED that the request for removal of the item of
John Taribo from the agenda be DENIED and that Council ACCEPT the
offer of the 2 weeks severance pay. SECONDED by C/M Stein.
VOTE•
ALL VOTED AYE
V/M Massaro said she is not in agreement with changing
Mr. Taribo's records and City Manager Perretti said they are not
asking to change the records but they are requesting the termina-
tion be expunged since there were charges against him in there.
He said Mr. Taribo is requesting that he resign effective 3/14/86
rather than being terminated. C/M Stein said he sees no objection
to that.
GENERAL ADMINISTRATIVE FI &NfIAL
8. zdmAxAc a k - Temp, so 40 8 - Discussion and possible
action to establish a fee schedule and procedures for use of
the tennis courts.
ON: RESOLUTION NO. R-86-71 PASSED.
APPROVED.
5
3/12/86
/pm
SYNOPSIS OF _ACTION: Cont'd.
The City Manager,
Public Works Director and
Parks and Recreation Supervisor
were authorized to establish
rules, procedures and collection
of fees.
Mr. Henning read T m so 40 8 by title.
Mr. Henning said the fees that will be established by this
Resolution are that all people pay $3.00 per person, per hour, day
or night for the tennis courts and residents may be permitted to
purchase a $25.00 a year permit per person in lieu of the hourly
rate.
Mr. Perretti said the City presently has two tennis courts that
are useable and there are many transients and out -of -City people
who wish to use the courts. He said there was a mini -committee
formed with Mr. Berman, who is one of the frequent tennis players
from Tamarac, Mimi Mannion, the Parks and Recreation Supervisor,
and him and it was determined that the avide tennis players do not
mind paying a fee and if they could be given a $25.00 per year
card that would permit them to play and then have other people use
the courts at $3.00 per hour, this could satisfy them and money
could be generated for the City.
Mr. Perretti said most cities have individual meters on their
tennis courts for lights at night and this would be in lieu of
that fee.
C/M Gottesman asked what type of schedule would be maintained and
would a homeowner of Tamarac have preference over a non-resident
of the City. Mr. Perretti said rules and regulations have been
established concerning this.
C/M Stein MOVED APPROVAL of Temp. Reso. #4018, SECONDED by
C/M Gottesman.
VOTE:
ALL VOTED AYE
10. a�, gWgr,dLeagug__of Cities Business - Discussion and possible
action on:
a) Temp. Reso. #4019 supporting the League's position urging
the County to prohibit street vendors
b) Reports
,SYNOP,SI,S OF ACTION: RESOLUTION NO. R-86-72 PASSED.
a) APPROVED.
b) Mayor Kravitz gave a report.
a) Mr. Henning read Temp. Reso, #4019 by title.
Mr. Henning said the City already has an Ordinance regarding
solicitors and the County is trying to establish a County -wide
policy and the Broward League of Cities has asked Tamarac to
endorse the County's position. He said a memo was received from
Walter Falck noting that Tamarac has not sent them a Resolution as
yet.
I
6
3/12/86 J!
/pm
e
C/M Gottesman said in as much as many of the cities in Broward
County have already given their consent, he MOVED APPROVAL of
TemR. Reso� #4019, SECONDED by C/M Munitz.
VOTE:
ALL VOTED AYE
b) Mayor Kravitz reported that at the last Board meeting of the
Broward League of Cities, they approved the concept that the
Sheriff's men not patrol Tamarac's streets and a Resolution will
be drafted for this purpose.
Mayor Kravitz said a Nominating Committee will be formed for
elections on the League and the next regular meeting will be on
3/20/86.
11. Rgithwest Councilof Mayors Business - Discussion and possible
action.
SYNOPSIS OF ACTION:
Mayor Kravitz gave a report.
Mayor Kravitz said there was a meeting on 3/10/86 and the main
topic was the Sheriff and this is now a concern of all the Mayors
of this group.
LEGAL AFFAIRS
20. City Attorney - TemQ. Reso:#402.4 - Discussion and possible
action to accept the resignation of Jon M. Henning.
SYNOPSIS OF ACTION: RESOLUTION NO. R-86--73 PASSED.
APPROVED.
Mr. Henning read Temp. so 024 by title.
Mr. Henning said 3/17/86 will be his last working day for Tamarac
and he is requesting vacation time until 3/21/86..
C/M Gottesman MOVED APPROVAL of Temp. R so 4024 accepting
Mr. Henning's resignation effective 3/21/86. SECONDED by
C/M Stein.
C/M Munitz read Section 1 into the record noting that Council
thanks Mr. Henning for his service to the City these past 4 years..
T E :
ALL VOTED AYE
24. Miller & Meier Architects -- status Report by
Councilman Gottesman - Discussion and possible action
regarding the Municipal Complex (tabled from 2/26/86)
SYNOPSIS OF ACTION:
C/M Gottesman gave a report.
C/M Gottesman said this item was Tabled to allow time for negotia-
tions with Miller & Meier regarding a possible mutual agreement.
He said he is hopeful that the complete fee already paid will not
be lost and the plan could be revised. He said for the record,
when the final set of drawings was submitted to the City for
approval, there were many flaws found by Council and staff mem-
bers..
Tape 2
C/M Gottesman said one of the problems was that the plans had
grown from a projected plan of 55,000 square feet to 75,000 square
feet.
7 /
3/12/86
/pm
C/M Gottesman said this was an increase of 50% in the floor plan
increasing the cost of construction. He said he has discussed
this with several engineers and they agree that $100.00 per square
foot is a fair price at that time.
C/M Gottes
man said the amount of 7-1/2 million dollars did not
include furniture, communication system for the Police, window
treatments, etc. He said the drawings had no concept of floor
Plan relating to flow of employee traffic in halls, etc., and
Miller & Meier agreed at a Council Workshop meeting that this had
to be changed. He said Council rejected the drawings because the
Fire Department said these drawings would be a problem.
C/M Gottesman said at a Council meeting in June, the entire
Council voted not to accept the drawings. He said since that time
they tried to reach an agreement with Miller & Meier and last week
there was a tentative agreement made. He said after further.
negotiations, he is hopeful he can return to Council to report
what can be gotten for the amount of $300,000.00, which has
already been spent on this project to redesign the drawings.
City Manager Perretti said the next meeting with Miller & Meier
will determine what can be done.
C/M Stein asked why the City entered into this contract originally
with Miller & Meier since the amounts are so high. C/M Gottesman
said he was not involved in the original negotiations of the
contract in October, 1983, and he agreed the amounts are
excessive.
V/M Massaro said this bill was excessive because the original
contract was based on percentage of costs, which were approved by
the Council at each step, thereby Increasing the costs of the
design and architectural fees. She said they also included the
carpeting and furnishings and the percentage of payment was based
on that as well.
Florence Bochenek, Chairperson of the Beautification Committee,
said whatever has already been paid cannot be brought back but
future plans should be done properly. C/M Gottesman said they are
trying to negotiate that the fee already paid may be used in the
new completed design. He said in the original contract the fees
for the estimated costs for both buildings would have totalled
more than $400,000.00. He said to date Miller & Meier has been
paid approximately $313,000.00 and of that amount there is a
ood
portion that can still be used for the completion of this project.
Mr. Henning said they are trying to determine how much it will
cost to finish the building and he asked Craig Kenyon of Miller &
Meier to concentrate on three factors when Change Orders are
reported to Council. He said the first would be the cost of the
drawing itself, second would be the cost of the construction
savings and third would be any change in the maintenance. He said
it may be worth redrawing some items if money is being saved in
the construction or maintenance in the future.
Mr. Henning said it appeared that the cost of redrawing the Police
Station and eliminating the courtyard in the middle might be as
much as the savings of changing that drawing. He said because of
that there is a good chance the Police Station will stay the way
it is unless there is a large maintenance difference.
It
a
8
3/12/86 /
/pm ✓✓/
Mr. Henning said this will be determined at a later date and, for
now,,the concentration will be on changes on the City Hall.
He said for the record that when people review the elevations of
these drawings, they appear dissatisfied. He said the discussion
has not been concentrated on the elevations, facade and
appearance of this building because the floor plan has been the
prime concern. He urged all those who will be on Council when
this is finally approved to make sure there is complete agreement
on the elevations and design as well as the floor plan. Mr. Henning noted Miller & Meier is not requesting any payment at
this meeting. He noted that these are all estimates and once the
bid is received the determination will be made as to whether the
fee will be low or high.
V/M Massaro said she does not know of anyone on Council that liked
the plans and she questioned what the negotiations are about since
they have not presented any new drawings. C/M Gottesman said
there were suggestions made at a Council Workshop giving Miller &
Meier. some directions. He said in the original
Miller & Meier presented, they said the would program plan which
he
ings to the Planning Commission and they did notrdoent this. draw-
V/M Massaro said the last time a Council Workshop meeting was held
on this item the floor plan was not acceptable to the Council.
C/M Stein said the architect insisted that the suggested changes
would not cause any savings and that is where the 'Stalemate. came.
V/M Massaro said she does not agree that money would not be saved
if the building size was reduced. She said it should first be
determined if Council approves of the floor plan before pTToceeding.
C/M Gottesman said it is not costing the City any money at this
time to submit a new sketch of a condensed building and Miller &
Meier did admit that there are approximately 14,000 feet that will
be saved and there will be a reduction.
C/M Gottesman said before the drawings are approved they would go
to the Planning Commission for their review and then the Council.
Mayor Kravitz introduced Commissioner Gerald Thompson, Chairman of
the Broward County Commission and Chairman of the Sawgrass Express-
way. Commissioner Thompson said he came from a breakfast at which
he presented the economic impact of the Sawgrass Expressway on
Broward County. He said he wanted to report to the Tamarac City
Council that it is proposed that the impact over the years through
2010 is 100 billion dollars.
Commissioner Thompson said because of the change in the development
patterns in Broward County, the western area will become a total
community as a whole with less traffic moving east in the morning
and west in the evening. He said this is an asset for the commun-
ity and the opening date for the Expressway is still projected to
be 6/10/86.
Carl Alper, resident, suggested all the written material regarding
the proposed City Hall from the Council Workshop meeting be sent to
so the Planning Commission while negotiations continue so that the
Planning Commission can review this now. Mayor Kravitz noted that
the suggestion is noted.
0
3/12/86
/pm
GENERAL. ADMINISTRATIVE/FINANCIAL
7. Tamarac ParkSatel„litp,, D-ui1ding - Discussion and possible
action on:
a) Payment to Sheridan Lumber, Inc., in the amount of
$1,218.30
b) Payment to Glass & Estimating Corp., in the amount of
$130.00
c) Approval of increase in the amount of $300.00 for insulation
over the auditorium
d) Approval for asphalt tile in an amount not to exceed
$4,004.75
SYNOPSIS OF ACTION:
APPROVED a) through d).
Chief Building Official, Bob Jahn, said the amount noted in the c)
portion of this item should show an increase of $900.00, thereby
raising the total from $1,200.00 to $2,100.00 for the insulation.
V/M Massaro asked what the total cost on this building would be and
Mr. Jahn said the Council approved construction of the building at
a cost not to exceed $220,000.00. He said everything that has been
paid and approved to 3/4/86 was $67,076.00, therefore, that would
have to be deducted from the total of $220,000.00. He said the
amount remaining is $152,924.00.
Mayor Kravitz asked if there is a tentative completion date and
Mr. Jahn said it is estimated for the beginning of April.
C/M Stein MOVED APPROVAL of a) through d) with the amount in item
c) amended to $900.00, SECONDED by C/M Munitz.
VOTE: ALL _YDTED AYE
TAMARAC UTILITIES
13. Utilities West - Discussion and possible action to approve a
waiver of competitive bidding procedures and to purchase a
spare blower/motor unit for the compost biofilter odor abate-
ment unit.
SYNOPSIS OF ACTION: APPROVED
as a sole source in the amount
of $3, 500.00.
Bob Foy, Deputy City Engineer, said they are requesting a waiver of
the competitive bidding procedures so that they can replace the
existing biofilter blower/motor unit in kind.
V/M Massaro MOVED APPROVAL of waiving of the bidding procedures and
purchase of a spare blower/motor unit for the compost biofilter
odor abatement unit, SECONDED by C/M Munitz.
VOTE:
ALL VOTED AYE
14. Utilities West - Discussion and possible action on a request
that James Robinson attend a seminar on backflow prevention in
Gainesville on April 14 - 18, 1986. 44
YN0P,9IS OF ACTION: APPROVED
at a total cost of $470.00.
10
3/12/86
/pm
Bob Foy, Deputy City Engineer, said this is a program to educate
the employees on how to inspect the backflow prevention program.
He said they are being installed by Developer Agreements and the
employees must stay abreast of what is current in the field.
C/M Gottesman asked if the total cost would be 1470,00 and ques-
tioned if there is $865.00 in the budget.
C/M Stein MOVED APPROVAL, SECONDED by C/M Gottesman.
VOTE;
C/M Stein Aye
C/M Munitz Absent
C/M Gottesman Aye
V/M Massaro Nay
Mayor Kravitz Aye
15. Utilities West -- Wells 12 and 13 (Project 84--14) --
Discussion and possible action to approve Change Order #2 with
K. Herron and. Sons increasing the contract by $1,084.00 to a
new total of $10,477.00.
SYNOPSIS OF ACTION:
APPROVED. -
Peter Procopio, Deputy Utility Engineer, said this Change Order is
for removal of part of the sidewalk and install a ingress and
egress driveway to Wells 12 and 13. He said Monsignor Donnelly of
St. Malachy's Church did not want anyone driving over a new side-
walk that might be damaged with a truck. He said the Change Order
reflects deletion of the cost of the sidewalk and an addition of
the cost of the driveway.
V/M Massaro MOVED APPROVAL, SECONDED by C/M Gottesman.
Mr. Henning said typically the pedestrian sidewalk will be
approximately 4-inches thick and the driveway for vehicles is 8
inches thick. He asked the length of the driveway and Mr. Procopio
said from the road across the sidewalk 168 square feet.
VOTE:
C/M Stein
Aye
C/M Munitz
Absent
C/M Gottesman
Aye
V/M Massaro
Aye
Mayor Kravitz
Aye
16. Utilities West -- Water Treatment Plant Tr,ansfer_Pumps-
Pro' ct 85-19 - Discussion and possible action to authorize
Hazen and Sawyer to provide general supervision of the transfer
pump construction contract which was awarded to Utilities
Services, Inc.
SYNOPSIS QF'_ACTION:
APPROVED.
Mr. Procopio said this is just authorization for an extension to
so Hazen and Sawyer's existing contract which stipulated the amount of
$4,600.00 for the construction management services for the transfer
pumps. He said Council has awarded the contract for the transfer
pumps and this now has to be awarded to Hazen and Sawyer to get the
construction management services instituted.
11
3/12/86
/pm
Tape 3
C/M Stein asked the total amount of the contract with Hazen and
Sawyer and Mr. Procopio said he did not know the total amount but
$4,600.00 was allocated for this portion of the contract and it is
projected it will take 45 days for construction. He said this is
under the General Supervision portion of the contract for Task
Order #1.
V/M Massaro asked if they have started work on this and Mr.
Procopio said there was a Pre -Construction Conference held on
3/7/86 and it is assumed construction will start in the middle of
next week.
V/M Massaro asked exactly what Hazen and Sawyer is doing and
Mr. Procopio said they completed the design. The City went out to
bid on the transfer pump portion and they are now ready to begin
construction. V/M Massaro asked where the transfer pump is being
used and Mr. Procopio said these are the sewage transfer pumps at
the pump station which are in very bad shape at the present time.
He said they transfer the sewage from the holding tank into the
treatment plant itself.
V/M Massaro MOVED APPROVAL, SECONDED by C/M Gottesman.
C/M Gottesman asked why this amount of $4,600.00 was not part of
the original contract and Mr. Procopio said it is but the City has
to authorize Hazen and Sawyer to do the work.
Yam:
C/M Stein
Aye
C/M Munitz
Absent
C/M Gottesman
Aye
V/M Massaro
Aye
Mayor Kravitz
Aye
17. Utilities East - Bid Authorization - Fire Hydrants
and Water Main Valves (Project 84-23 - Discussion and possible
action to approve solicitation of bids for installation of nine
(9) additional fire hydrants and five (5) additional water main
valves.
SYNOPaIS OF ACTION:
APPROVED.
Mr. Procopio said there is a lack of fire protection at Tamarac
Utilites East since there are not enough valves to shut the system
off and still reroute the water in the water mains to minimize the
number of people that would be out of service. He said this is
requesting authorization to solicit bids for these items.
C/M Gottesman MOVED APPROVAL at a cost not to exceed $25,000.00,
SECONDED by C/M Stein.
VOTE•
C/M Stein
Aye
C/M Munitz
Absent
C/M Gottesman
Aye
V/M Massaro
Aye
Mayor Kravitz
Aye
12
3/12/86
/pm IJ
18. Utilities East - Discussion and possible action on:
a) Bill of Sale transferring ownership of the Tamarac Pumping
Station from the City of Fort Lauderdale to the City of
Tamarac - Temp. Reso. #4020
b) Second Amendment to Large user Wastewater Agreement between
Tamarac and the City of Fort Lauderdale - Temp. Reso_
#4021
SYNOPSIS OF ACTION:
a) TABLED.
b) TABLED for further research
of the agreement.
a) Mr. Henning read Temp.__ResQs #4020 by title.
Mr. Henning said there has been a coordination between the City of
Fort Lauderdale and the City of Tamarac and they have agreed to
adopt Tamarac's Bill of Sale form as a format for the transfer of
the ownership on the pumping station of Tamarac Utilities East.
Mr. Henning said this is consistent with the other large users
regarding maintenance and ownership and staff recommends approval.
V/M Massaro MOVED APPROVAL of Temp. Reso. #4020, SECONDED by
C/M Stein.
VOTE:
C/M Stein
Aye
C/M Munitz
Aye
C/M Gottesman
Absent
V/M Massaro
Aye
Mayor Kravitz
Aye
it b) Mr. Henning read Temp. Reso._„#4021 by title.
Mr. Henning said this concerns the Bill of Sale regarding the point
of connection, which is line where the responsibility is drawn
between the City of Tamarac and the City of Fort Lauderdale.
V/M Massaro asked what is meant by a "Second Amendment" to the
Large User Wastewater Agreement and Mr. Henning said the City has a
Large User Agreement which entails many aspects and the bottom line
besides the Bill of Sale will be ownership and maintenance.
V/M Massaro asked what the responsibilities and costs involved in
this would be and Mr. Foy said when the City takes this over, the
City will be responsible to maintain that pumping station. He said
this is in accordance with agreements dating back several years.
He said Tamarac will have to update the electric bill that Fort
Lauderdale has been paying to date and, in the future, Tamarac will
pay for the electricity and maintain that pump station from now to
eternity..
V/M Massaro asked if the original contract was examined by the City
Engineering Department and Mr. Henning said he was not aware there
would be an adjustment on this. Mr. Foy said this Bill of Sale has
been a problem because of the point of connection since that
determines how much maintenance is involved. He said it was
resolved by a previous Council where the point of connection was
and that was recently reviewed by Alan Ruf, Consulting City Attor-
ney, to determine if it was proper. He said Mr. Ruf felt it was
proper and this is a completion of the agreements that already
exist.
C/M Munitz asked what affect this would have on the TUE budget and
Mr. Foy said it will not have an affect on the budget because this
is already included in the budget.
M?
3/12/86
/pm
V/M Massaro said this should be explored further and the previous
Resolution should be rescinded and acted on at the 3/26/86 Council
meeting.
V/M Massaro MOVED to TABLE this item.
C/M Stein said if there is an agreement with Fort Lauderdale it
should be complied with and Mr. Henning said there is no problem
with that. He said the delay was caused because he was dealing
with an Assistant City Attorney and he left and someone else
assumed this work at that point. He said they are anxious to have
this resolved and tabling it to the next meeting would not be a
problem.
Mr. Henning said there are many large users involved with Fort
Lauderdale and they state that all other large users own their own
pump stations and pay for the electricity. He said, consequently,
if they are paying for Tamarac's electricity or maintenance of
Tamarac's pump station, the complaint is that must be built into
the rate schedule and absorbed by other cities involved.
C/M Gottesman SECONDED the MOTION to TABLE.
VOTE•
ALL VOTED AYE
a) V/M Massaro MOVED to RECONSIDER this portion of this item, SECONDED
by C/M Gottesman.
VOTE:
ALL VOTED AYE
V/M Massaro suggested Council study this agreement further and she
MOVED to TABLE this item for further research to the 3/26/86
Council meeting, SECONDED by C/M Munitz.
VOTE: ALL VOTED AYE
19. Utilities East - Tamarac Lakes Gravity ewe(Project
84-5) - Temp. Repo. #4022 - Discussion and possible action to
authorize the City Manager to reject the grant and to refund
$3,276.00 to Florida D.E.R.
SYNOPSIS OF A(TION.:
APPROVED.
RESOLUTION NO. R-86-75 PASSED.
Mr. Henning read Temp. Reso,-#4022 by title, noting there was a
typo in the second to last line of the title which should state
"Resolution" instead of plural. He said there is a Resolution
appointing the City Manager as the representative for grant pro-
jects to the State Department of Environmental Regulations,
(D.E.R.).
7
Mr. Henning said this is a follow-up action to Council action taken
at the last regular meeting in which there was a question of the
refund regarding the Tamarac Lakes Gravity Sewer project and a
question if the project went forward, who would pay for it. He 44
said the City has received a grant for this project and he was told
by the Engineering and Finance Departments that the monies received
so far from the State amounts to $3,276.00.
14
3/12/86
/pm e/
Mr. Henning said in rejection of the grant, this money will have to
be refunded to the State. He said he added language in Section 3
thanking the D.E.R. and urging them to spend the money on other
projects needed in the City.
C/M Munitz asked if it was determined, when the amount of the
refund to the people of TUE was calculated, whether the amount of
the refund from D.E.R. was taken into consideration. Mr. Henning
said the refund is $3,276.00 and the Retained Earnings or Capital
Account was not fully depleted. He said the Finance Director has
indicated that the Professional Services of TUE, in Section 2, is a
line item account number and that is where the refund should be
taken from.
V/M Massaro said there was an understanding with those people that
there was no longer a separation of funds for the utilities.
C/M Stein MOVED to APPROVE Temp. Reso. #4022, SECONDED by
C/M Munitz.
VOTE: ALL yQTED AYE
COMMUNITY DE`1ELQPMFNT
31. Jasmine - B nd Release - Tgmp, R so 4027 - Discussion and
possible action to release a cash bond posted for Building 1
curbs.
SYNOPPSS I,S QF ACTION:
TABLED. The City Clerk was authorized
to notify the applicant by certified
mail that this will be discussed at
the 3/26/86 Council meeting and the
Water & Sewer Developers Agreement
could be voided if there is no reply.
Mr. Henning read Temp. Reso. #4027 by title.
C/M Gottesman noted that there are monies owed and he MOVED to
TABLE this item because of non-payment of monies due. The City
Clerk is authorized to notify the applicant by certified mail that
it will be discussed at the 3/26/86 Council meeting, SECONDED by
C/M Munitz.
Mr. Henning said if payment of the fees is not received by the
3/26/86 Council meeting, Council could address voiding of the Water
& Sewer Agreement.
VOTE:
ALL VOTED AYE
32. Bg1fort - Phas-e III - Discussion and possible action on a Water
and Sewer Developers Agreement (tabled from 2/26/86)
SYNOPSIS OF ACTION:
TABLED for further review.
(See Pages 19 & 20)
1k EDITOR.'S.NOTE: The following -checks were submitted at the meeting:
$71,264.00 -,ERCs for 136 units
750.00 - Engineering Review Fee
Mr. Henning said this was Exhibit B to the Phase III Water and
Sewer Agreement for Belfort and Council asked staff to review the
Marmon payments, which are the partial payments for connections
under the purchase and sale of the utility. He said this was done
through his efforts along with those of the Finance and Utility
Departments and everything balanced properly.
r
15
3/12/86
/pm
Mr. Henning said Lennar had purchased a certain number of units an
the City wanted to be sure the numbers were correct and that they
had not drawn down more units than they had paid for. He said this
was resolved yesterday.
C/M Munitz asked if there was ever an accounting made of the use of
the original 4,600 ERCs and Mr. Henning said they purchased 3,600
ERCs. He said in the agreement, it states 88.4 ERCs and, because
they are apartments, it is 65% of an ERC per apartment. He said
payment under the contract for water and sewer amounts to
$71,264.00. He said the Marmon connecton is $542.00 per unit and
there are 136 units.
V/M Massaro said the original agreement was per ERC and this needs
further examination. C/M Stein said the Council must know whether
each apartment equalled 1 ERC when the agreement was made with
Marmon and V/M Massaro said it did. C/M Stein said if that is true
they are being given credit for more ERCs than they are entitled
to.
C/M Stein MOVED to TABLE this item, SECONDED by C/M Munitz.
VOTE:
ALL VOTED AYE
33. Kings Point - Sian Waived - Temp. Rgso. #4026 - Discussion and
possible action to renew a sign waiver pertaining to number,
size and location of community directional signs.
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-86--79 PASSED.
Mr. Henning read Temp.Reso. #4026 by title.
C/M Gottesman MOVED APPROVAL of Temp. Rego. #4026, SECONDED by
C/M Munitz.
VOTE:
ALL VOTED AYE
EDITOR'S NOTE: Approval is for one year from 3/23/86 and to expire
on 3/23/87..
34. W nds n' d M t od'st Church - Discussion and possible
action to extend the time allowed for the placement of direc-
'tional signs on property other than their own.
SYNOPSIS OF ACTION: APPROVED
with conditions.
1
Mr. Henning said the applicant was notified by the City Clerk's
office that the City needs updated letters of authorization from
the owner of the property on which the signs are placed. He said
Council has been informed by phone that they do not want this to
expire and their representative will be in the hospital for a few
weeks. He said this could be renewed for two weeks. 1 4
16
3/12/86
/pm
V/M Massaro MOVED APPROVAL of the renewal of this sign waiver
subject to cancellation if there is any question of the propriety
of placing signs on property other than their own. SECONDED by
C/M Stein.
VOTE•
C/M Stein Aye
C/M Munitz Aye
C/M Gottesman Absent
V/M Massaro Aye
Mayor Kravitz Aye
GENERAL ADMINISTRATIVE FINANCIAL
41. invoice K use, O'Connor andLin Discussion and possible
action on payment.
SYNOPSIS F ACTION: Agendized by Consent on Page 2
APPROVED payment in the amount
of $7,057.00 to come from the
Pension Fund.
V/M Massaro asked why this bill is before Council and City Manager
,Ferretti said this was a separate bill that was generated by the
Council for this Actuarial Study and was not requested by the
Pension board.
Mr. Henning said there is an annual Actuary Report that costs about
$5,000.00 that is required by the State and that is done to certify
the Pension Plan and make the City eligible for the contributions
from the Fire and Police Funds. He said there are a couple of
items of about $300.00 each that were additional evaluations. He
said on Retirement Benefits, however, the biggest portion is the
amount of over $5,000.00, which is the State requirement for certi-
fication.
Mayor,Kravitz asked Judy Deutsch, Personnel Director, if the
Council requested this service and Mrs. Deutsch said in effect, the
Council did because it is part of the City Ordinance. She said the
City is required to have an Actuarial Evaluation done annually.
She said in a defined contribution plan, the City is required by
law to do an Actuarial Study every three years but Tamarac has been
doing this on an annual basis for budgetary purposes to determine
the liability for the upcoming year.
Mr. Henning said the bill is $7,057.00 and the largest item is the
$5,592.00 which is the Actuarial Evaluation for the Plan. He said
that tells the City how much is being put in by the employees, the
State and then, in the end, what is left over, the City puts in.
He said this Study indicated this year that there will be a reduc--
tion in the City's contribution required to fund the Plan at
present benefits.
Mr. Henning said regarding the Amendment on the ballot, the Judge
has enjoihed the City from putting into action the Amendment
passed which said that the Pension Funds must be invested in U.S.
Securities. He said Study indicates that the contributions the
City will have to put in are at least half of what is being put in
now. He said the calculations for the retiring employees are
$230.00 and there was a $375.00 Study on how there would be a
change in the way the 'employees are paying their contributions.
Mrs. Deutsch said it is required by law that once a year the City
must show employees exactly what their accrued benefit is to date
and what their benefit would be upon retirement. She said that is
part of the amount of $5,592.00.
V/M Massaro said the question is whether these charges will be
charged against the Pension Fund. C/M Munitz said indirectly a
charge against the Pension Fund increases the amount the City must
contribute, therefore, the City is paying for it anyway.
17
3/12/86
/pm
Tape 4
Mr. Henning said of the amount of $7,057.00, all except $375.00 is
to satisfy State requirements. He said presently the Ordinance
reads that 6.8% of payroll is contributed by the City to the Plan
and the City can continue to pay that for another 2 years or pay
$6,000.00 for a Study that will determine that this can be reduced
to about 3% of payroll.
C/M Stein said the question is who shall pay for the Study and the
law states that the City shall pay. Mr. Henning said the law
states that either the City or the Pension Fund can pay for this
and the City pays for it ultimately. He said in past years the
City Council has paid for studies from General Funds. He said
when the Ordinance is amended the recommendation will probably be
that a budget be established for the Pension Fund out of the
General Fund but that it be limited as to what the budget will be.
C/M Stein said Council should go on record for the future that
payment for these studies would come fron the Pension Fund. He
suggested that a Resolution be prepared stipulating this.
Frank Etheredge, Finance Director, said this is scheduled to come
from the Pension Fund now and there is more than adequate money
for this purpose.
Morris Haber, Charter Board Chairman, said they will only add to
the Pension Fund if there is a need for it and this is only done
by Actuarial Study.
V/M Massaro MOVED payment be made with the monies taken from the
Pension Fund, SECONDED by C/M Gottesman.
VOTE:
ALL VOTED AYE
37. City Attorney Report - (See Below)
Jon Henning noted that this was his last City Council meeting as
Tamarac's City Attorney since he has resigned effective 3/21/86.
36. City Mgnager_Report -
City Manager Perretti reported that the Biathlon held on 3/16/86
was a great success. He said to date he has received 9 resumes
for the position of City Attorney and he requested Council guid-
ance for the procedure that they want to use. V/M Massaro said
Council should receive copies of what has been received to date so
that there are less to review at a time. Council members agreed
that Mr. Perretti should screen the applicants before presenting
the resumes to Council. He noted various newspapers that are
carrying ads for this position.
Mr. Perretti said there will be a concert by Bill Pollack at Kings
Point on 3/16/86 at 3:00 P.M. with monies going to the Parks and
Recreation Department. He said refunds were given on 3/7/86 to 44
residents east of 441 and he noted that any problem cases regard-
ing this will be brought to Council on a case -by -case basis.
37. City Attorney Report - (See Above)
Mr. Henning said there was a Hearing on 3/7/86 before Judge
Garrett in the Circuit Court and he issued a Preliminary Injunc-
tion.
18
3/12/86 �.
/pm
Mr. Henning said the Injunction regarded investments to the
Pension Plan and he is injoining the implementation if this
Amendment did pass in the election. He said, in fact, it did pass
and he suggested that there may be grounds to request a rehearing.
He said, however, if Council does not want to spend money to
pursue this matter, the Injunction could stand.
C/M Stein said he would like to know on what basis this would be
reheard since the Judge's ruling was that the State has usurped
this from the municipalities, therefore, cities cannot rule on
Pension Fund investments. Mr. Henning said he was a witness and
was not the attorney there but he felt there was a basis for
pursuing this.
V/M.Massaxo said the Council's concern was with investments in
stock market accounts since they are so insecure. She asked if
the Charter Board could not appeal this decision since they put
the item on the ballot. Mr. Henning said the City was a party in
the.lawsuit, not only because the City controls the election
process but because the Charter Board is an agent for the City.
He said there is a possibility that the Charter Board could
intervene in this lawsuit if they wanted to because now, based on
other amendments, they could raise their own lawsuits.
Morris Haber, Charter Board Chairman, said since the Charter Board
is authorized to put amendments on the ballot for the Charter, the
injunction should have been against the Charter Board.
Mr. Henning said the City is involved because the City is the
overall municipal corporation of which the Charter Board is an
agent.
35. City Council Reports
C/M Stein - Absent.
C M Munitz - No report.
C/M Gottesman - No report.
y/M Massaro - No report.
Mayor Krgyitz - No report.
Mayor Kravitz recessed the meeting to 1:30 P.M. for lunch.
Mayor Kravitz called the meeting to order at 1:30 P.M., roll call
was -taken and all were present.
COMMUNITY.DEVELOPMENT
32. Bel -fort -- Phase III - Discussion and possible action on a
Water and Sewer Developers Agreement (tabled from 2/26/86)
SYNOPSIS OF ACTION: (See Pages 15 & 16)
sRECONSIDERED and ACCEPTED
o the Water and Sewer
Agreement with conditions.
V/M Massaro MOVED to RECONSIDER this item, which was TABLED this
morning. SECONDED by C/M Gottesman.
VOTE: ALL VOTED „AYE
19
3/12/86
/pm
V/M Massaro said during the noon hour Marty Riefs, of Lennar
Homes, asked for reconsideration of this item because there is a
hardship on the developer if this is Tabled.
EDITOR'S NOTE: Mr. Riefs presented the following checks to the
City Clerk:
$71,264.00 - ERCs for 136 units
750.00 - Engineering Review Fee
V/M Massaro said Mr. Riefs agreed with her that the original
contract was based on 1 ERC per unit and that is what they are
paying for. She said the City accepts these checks with the
understanding that this will be reviewed and each unit is l ERC,
She said if any correction must be made, Mr. Riefs agreed to do so
and the Chief Building Official is authorized to issue permits so
that they will not be held up.
Marty Riefs said as far as the Marmon credit, they would equate it
to 1 unit being an apartment unit.
V/M Massaro MOVED APPROVAL of this with the above mentioned
understanding, subject to further review and any adjustment that
might be necessary. The Chief Building Official is authorized to
issue permits. SECONDED by C/M Stein.
C/M Stein said he is concerned that the contracts in house are not
being followed to the letter and V/M Massaro said if discrepancies
are found, they will be corrected. C/M Munitz asked how many ERCs
have been used and by whom and V/M Massaro said there is a com-
plete record upstairs that is available.
VOTE:
LEGAL AFFAIRS
ALL VOTED AYE
21. Ipygstments of City Funds - Temp. Reso. #4025 - Discussion and
possible action to establish procedures for investment
transactions.
SYNQPEIS OF ACTION: TABLED.
Mr. Henning read T=p. Reso. #4025 by title.
Mr. Henning said he wrote this Resolution with the assistance of
the Finance Department and after the new Ordinance regarding
investments is approved, Council will retain certain jurisdiction
and authority to make investments. He said, however, "invest-
ments" is a broad term and, with the help of the Finance Director,
they broke down investments into four specific categories. He
said some might entail detailed review of Council with ample
advance time and others are quite routine and, once implemented,
work automatically.
Mr. Henning said the first example is the Debt Service Deposits
which regard municipal bonds and deals with a depository bank. He
said the City makes payments every 6 months and make monthly
installments into the bank and, after 6 months, they all mature 44
and payment is made. He said Barnett Bank is doing the work on
the bonds and they are instructed to purchase specific types of
Federal securities in compliance with the directions of the
Council, the Code and the Charter.
Mr. Henning said on new Revenues, which could be Sales Taxes from
the State or impact fees from a developer, etc., an appropriate
form of investment must be sought before this money is invested.
He said he would assume Council would want more control over that.
20
3/12/86
/pm
Mr. Henning referred to typos:
- On Page 1, Line-12, the word "has" should be stricken
- On Page 1, Line 32, the word "Yield" should be stricken
On Page 2, Line 14, the following phrase should be added,
"Except as indicated in Subsection (c) above, the City Council
approval by Motion is Xg-qRibefore investments of this
category of funds." The word "required" should be inserted.
C/M Munitz said he is uncomfortable with many of the items in this
Resolution and he asked if this was collated with the specifica-
tions of the Resolution creating the Investment Advisory
Committee. Mr. Henning said whatever procedures are in the
Ordinance still apply to the Committee.
Mr. Henning said Section 9-1 of the Code states that the Council
is delegating to the City Manager and his designee all
investments. He said in years past, the City Manager has been
giving monthly reports to Council at which time specific items
could be agendized if there are questions. He said the new Ordinance
stipulated that everything would not be delegated to the City
Manager and Council would retain all control. He said the monthly
reports are being continued, they will be placed on the agenda
pursuant to the Ordinance and the Finance Director will give a
report ;at every other Council meeting on investments.
Mr. Henning said there are questions that arise daily and it
should be stipulated when Special Council meetings must be called,
when the staff is authorized to make deposits to Barnett Bank or
when an investment can be rolled over if the identical terms can
be gotten. He said it should also be determined how long new
revenues should be kept before being invested.
Mayor Kravitz said if this is approved now, it could be changed in
the future if it is not workable and Mr. Henning said technically,
this could be changed on 12 hours notice.
C/M Gottesman MOVED APPROVAL of Temp. Resp-.-1402-5 as amended,
SECONDED by C/M Munitz.
Frank Etheredge, Finance Director, said during periods of high tax
Collections, in December, January, and February, there will be
many Special meetings unless Council wants the money to be de-
posited in the bank without earning interest.
V/M Massaro said she feels Section D is completely wrong.
Mr. Henning said in the instance referred to by Mr. Etheredge, the
money would go into the checking account in NCNB and will stay
there from day to day until taken out for intermediate or short
term investments. V/M Massaro noted that during April and May
there is a 3 week period when there is no Council meeting and one
month in August without Council meetings. She questioned whether
Mr. Etheredge should wait during these times to deposit monies
into a better interest account.
Mr. Etheredge said there is a 1 million dollar Treasury Note that
comes due in August and Mr. Henning noted that this could be
handled during a July meeting. He noted that he will not know
until August whether he will need to roll that money over into
something else and this cannot be done in July.
21
3/12/86 /
/pm
Tape 5
C/M Stein asked how much is paid on the repos and Mr. Etheredge
said last week it was 7%. V/M Massaro said while waiting for
passage of this proposed Resolution, Council has determined that
three people must sign before an investment can be made. She said
Mr. Etheredge has been calling Council members to notify them
before making investments and this has been working well.
Mr. Henning said there could be a problem if Mr. Etheredge calls a
Council member and that member does not agree with Mr. Etheredge's
decision. He said Council cannot vote by telephone and a meeting
will have to be called.
C/M Stein MOVED to TABLE this item, SECONDED by C/M Gottesman.
C/M Gottesman WITHDREW his previous MOTION, as did C/M Munitz as
the SECOND.
VOTE: ALL VOTED AYE
PUBLIC HEARINGS
25. Justus Homes, Inc of Fl ida - Rezoning Petition
#1-Z-86 - Tem d #1244 -- Discussion and possible action to
rezone lands proposed for the recreation area for Hidden
Harbour on the west side of NW 88 Avenue, north of
NW 77 Street from R-3U (Low -Medium Density Residential) to S--1
(Open Space/Recreational). Second Reading.
a) Acceptance of Affidavit of Publication and Affidavit of
Posting.
b) Consideration of application.
SYNOPSIS OF ACTION:
a) ACCEPTED Affidavits.
b) APPROVED on second and
final reading.
Public hearing was held.
ORDINANCE NO. 0-86-11 PASSED.
a) Mr. Henning read Temp. Ord. #1244 by title.
Mayor Kravitz asked the City Clerk if the Affidavits,were-received
and the City Clerk said yes.
C/M Gottesman MOVED to ACCEPT the Affidavits of Publication and
Posting, SECONDED by C/M Munitz.
VOTE:
ALL VOTED AYE
Mayor Kravitz opened the public hearing. Harold H. Newman,
resident, asked to see the proper revised site plan and this was
shown to him.
Mayor Kravitz closed the public hearing with no further response.
i]
V/M Massaro MOVED APPROVAL of Temp. Ord. #124.4 on second and final
reading, SECONDED by C/M Stein. 41
VOTE:
ALL VOTED AYE
22
3/12/86
/pm
t
26. Homeowner WarrantyBonds - Temp. Ord,_A1243 - Discussion and
Possible action to amend Chapter 7 of the Code to revise the
HOW bonding requirements for multi -family rental developments.
Second Reading.
SYNOPOIS OF .ACTION: TABLED
for further research.
Public hearing was held.
Mr.,Henning read Temp. Ord. #1243 by title.
Mayor Kravitz opened the public hearing. Vickie Beech, resident,
,asked how this would be enforced and Mr. Henning said the collec-
tion would be at certificates of occupancy and there is no problem
with that. He said this has not drastically changed the present
Homeowner Warranty Bond provision and does permit rental housing
to come under the owner/builder provision. He said the Ordinance
in other sections, provides that the Building Official should be
involved 'irr determining'what violations there are and, after a
week's notice, the bond could be called.
Mr. Henning said Mrs. Beech has been critical in the past of the
Code Enforcement of the City, however, whenever amendments have
been made to make it more responsive to the people and more
enforceable, she raised questions as to why the City is bothering
to do this. He said this is something that should be an improve-
ment. Mayor Kravitz closed the public hearing with no further
response.
V/M Massaro said she wants to research the policies in the City
and she questioned how the guarantees went from 10 years to 3
years and what is actually being guaranteed.
V/M Massaro MOVED to TABLE this item for further research by all
Council members. SECONDED by C/M Munitz.
VOTE:-
ALL _VOTED _AYE
Mr, Henning said the HOW situation needs correcting but this only
addresses rental multi -family dwellings. He said the Ordinance
presently stipulates that the developer must insure himself and
that needs to be changed. V/M Massaro said the rental situation
should be -handled differently.
LEGAL AFFAIRS
22. Temporary Model 1 s and Adm'n'strative Uses - Temo•
so 023 - Discussion and possible action to establish fees
forwaivers by Council of distance restrictions for issuance
of certificates of occupancy.
Y OP,9.1 S _ OF ANION :
APPROVED as amended.
RESOLUTION NO. R-86--77 PASSED.
Mr. Henning read Temp. eso 4023 by title,
Mr. Henning said the subsection involved in the Code is
28-216 (c) 5 i provides that the City will not issue certificates
Of occupancy for finished housing if that house is within either
150 feet or 300 feet from a model, sales office or temporary
structure for business purposes. He said in the past this has
been routinely incorporated in the model sales office renewal and
has been routinely granted.
Mr. Henning said Council has asked that it be severed as a
separate -,consideration and, in Section 1, it has been indicated
that for this waiver there will be a fee for the initial
application and a fee for renewal applicaton. He said the Chief
Building Official suggested a fee of $150.00 for both.
23
3/12/86
/pm
C/M Munitz asked if Mr. Jahn was not preparing a form that would
be a requirement before the applications and Mr. Henning said the
form was already enacted and approved. V/M Massaro said the fee
should be $200.00 because of the time required to process this.
Mr. Henning stated the history of the model sales waivers.as
follows:
1. A development comes into the City and requests a sales office
and model sales and the City has certain criteria that must be
followed.
2. An approved site plan must be submitted.
3. There must be models for sale and, if the requirements are
met, a model sales permit can be obtained.
4. Depending on the number of units for sale, between 10 and
1,000 units, Resolution 84--93 sets the fee between $150.00 and
$1,150.00.
5. If homes are to be built close to the sales office, the City
Code states that a certificate of occupancy will be refused
within 150-feet or 300-feet.
Mr. Henning said Section 28-216(c) 5 i, states, "The Council, upon
a showing of undue hardship, can waive that distance requirement
and permit a certificate of occupancy issued." He said that
waiver has been on -going for 6 months at a time with the model
permits and distance waivers.
Mr. Henning said Line 16 could state, "The fee for a renewal of
the application for subsequent 6-month er'ods...". C/M Munitz
asked if anyone has determined what the actual cost is to the City
to process applications, etc. V/M Massaro said no, but the forms Of
referred to earlier must be completed from each homeowner within
the distance waiver area and then processed with the City. She
said a fee of $200.00 would be reasonable for this purpose.
V/M Massaro MOVED APPROVAL of Temp. Reso. #4023 as amended with
the amount of $200.00 as a fee inserted in the appropriate places,
SECONDED by C/M Gottesman.
VOTE: ALL VOTED AYE
23. ESM Litigation Expenses - Report by City Attorney - Discussion
and possible action on outstanding invoices pertaining to this
matter (tabled from 2/26/86)
,SYNOPSIS OF ACTION: The
City Attorney gave a report
and approval was given to pay
outstanding invoices in the
total amount of $9,011.54.
Mr. Henning said gave Council a hand-out for their review (See
Attachment 1).
Mr. Henning referred to several Invoices listed on the graph that
were approved at the 2/12/86 Council meeting and the other six
bills listed. He said the City uses Peterson and Company, which
are experts in accounting and are preparing the lawyers for the
depositions, programing the information, compiling notebooks on
each witness, etc. He said the City is being charged 8.3% for
these services and the Peterson and Company bill totals $7,560.53.
24
3/12/86
/pm
Mr. Henning said the bills from English, McCaughan & O'Bryan, in
the total amount of $1,194.33, are for a court reporter,
photocopying and general administrative charges regarding the
lawsuits. He said the bill for Shutts and Bowen, in the amount of
$91.25,...regards services of processing 9 defendants and the bill
for Lashly, Baer & Hamre, in the amount of $165.43, was for
distribution of summonses to the defendants of the Alexander Grant
case. He said he has not attempted to touch the Morgan, Lewis &
Bockius bills and he recommended these administrative costs be
paid.
Dr. Alfred Wald, resident, said he read that the Trustee for the
City has made a tentative agreement that the City will receive
approximatley 22% of the loss of money. He said, in addition, the
Trustee,agreed that the American bank will give back 5 million
dollars -and keep only 40 million that they received. He said the
report,continued that the bank in Ohio will only receive 7%. He
questioned what the City hopes to accomplish by spending the money
on attorneys and research for this matter.
Mr. Henning said there,are three lawsuits involving the City:
1. Against Bradford and their entities, which was the holding
bank for ESM Securities
2.. Against Alexander Grant
3. Bankruptcy Case in the Bankruptcy Court regarding ESM
Mr. Henning said no one is able to predict how much money will be
recovered and there is a great deal of interest in the Alexander
Grant.Ca.se since the figures quoted have been about 200million
dollars of insurance money. He said the best way to settle a case
is to -prepare for trial.
Mr. Denning said the cost sharing with the public body group,
where-the.City is paying 8.36% of the total cost, is primarily in
the Alexander Grant Case. He said Tom Tew, the Trustee, cannot
represent the City against Grant but he can represent some of the
City's interests in ESM.
Dr. Wald said he felt there was a duplication of effort on the
part of_.the Trustee and the City. Mr. Henning said this has been
:suggested in the past and Morris Brown of Morgan, Lewis & Bockius
has consistently advised the City to have their own attorney. He
said they are doing what is necessary to protect the City's
interests. .
C/M Stein.said there is no way to set a ceiling .on payments
because this must be followed through. He said the first six
attorneys that were approached before Morgan, Lewis & Bockius were
retained, said this would be a conflict of interest for them to
represent Tamarac. Mr. Henning said what is being shared in the
Grant Case is primarily the expert witness fees; however, the
City's representation in the Grant Case is still Morgan, Lewis &
Bockius.
Mr. Henning said the better prepared the City is for trial, the
so better chance there is for settlement.
C/M Stein MOVED to APPROVE payment of these bills to Morgan, Lewis
&, Bockius in the total amount of $9,011.54. SECONDED by
C/M Munitz.
VOTE: ALL VOTED AYE
25
3/12/86
/pm
COMMUNITY DEVELOPMENT
27. Golf Villas of Sabal Palm - Discussion and possible action on:
a) Request to substitute a Letter of Credit for a cash bond
which was posted as a homeowner warranty (tabled from
2/26/86)
b) Revised site plan reflecting revised dimensions between
Buildings 3 and 4 -Temp. Reso. #4038
SYNOPSIS OF ACTION:
a) TABLED.
b) APPROVED.
RESOLUTION NO. R-86-74 PASSED.
a) Mr. Henning said based on the City's existing Code, the fees are
$1,500.00 per unit for 20-unit buildings and one building with 16
units. He said Bruce Jarvis, the petitioner, posted a cash
homeowner warranty bond for $30,000.00 at the end of December for
Building 7.
Tape 6
Mr. Henning said Mr. Jarvis could not get the bank to issue a
Letter of Credit on time, therefore, he posted the cash bond. He
said he later received a 2/12/86 Letter of Credit which covers 5
buildings, and the City is holding a cash bond for one of these.
He said staff is seeking Council approval to release the cash bond
since it is covered by the Letter of Credit.
C/M Stein asked the City Attorney if he feels the City has suffi-
cient security to release this bond and Mr. Henning said yes,
because the Letter of Credit is in conformance with the City Code.
Bruce Jarvis, Vice President of Related Housing, said he is 12
insuring himself and he asked if the Code could not be modified.
He said the situation is that he has almost $200,000.00 in Letters
of Credit which he is paying a little over a point for, and are
written to him. He said the City also has $30,000.00 in cash of
his which was the first deposit and has been replaced by these
Letters of Credit. He asked that the City release his $30,000.00.
C/M Stein said the City Attorney has said that under the City
Code, the petitioner is entitled to the refund. He said under the
old Code the builder is guaranteeing himself and that is no
guarantee for a rental unit.
Mr. Jarvis said they felt as a developing organization that the
Ordinance that was tabled earlier was a fair one and gave the City
direct protection. V/M Massaro said that Ordinance does not
protect the City since only the developer can do something with
that Letter of Credit or Cash Bond.
V/M Massaro MOVED to TABLE this item for drafting of a proper
Ordinance, SECONDED by C/M Gottesman.
VOTE•
ALL VOTED AY
b) Mr. Henning read Temp. Reso. #4038 by title.
Thelma Brown, City Planner, said the zoning on this property is
R4-A and the location is NW 46 Ave. and NW 58 St. She said the
request is for revisions to building separations, the dimensions
between Building 3 and 4 changes from 30-feet to 26.75 feet. She
said staff has recommended approval since it is in compliance with
the minimum separation for distance between buildings.
L-,/ I
26
3/12/86
/pm
V/M Massaro MOVED APPROVAL of Temp. Reso. #4038, SECONDED by
C/M Stein.
VOTE: ALL VOTED AYE
2R, unf loweg Shopping Plaza - Revised Site Plan - Temp.
Reso. #4028 - Discussion and posible action on a revised site
plan for the Blue Dolphin Restaurant reflecting a wood screen
and canvas canopy.
SYNOPSIS OF ACTION: RESOLUTION NO. R-86-76 PASSED.
APPROVED with conditions.
(See Page 28 for further
action).
Mr. Henning read Temp. Reso. 14028 by title.
Thelma Brown, City Planner, said the zoning on this property is
B-1, Master File #44-76, the location is 8110 University Dr. and
the use requested is to add a wood screen and canvas canopy. She
said staff had two recommendations:
1. No signs permitted on the canvas canopy
2. The color of the canopy is to blend with the decor of the
building.
C/M Stein MOVED APPROVAL of Temp. Reso. #4028, SECONDED by
C/M Munitz.
C/M Gottesman requested that the material for the canopy be made
flame proof. V/M Massaro asked the City Planner if there was
anything in the area of this building that should have been taken
care of and Ms. Brown said they are currently working with the
Beautification Committee.
V/M Massaro requested that C/M Stein amend his MOTION to include
that approval is subject to upgrading this area to meet with the
approval of the Beautification Committee. C/M Stein ACCEPTED this
amendment, as did C/M Munitz as the SECOND.
VOTE:
ALL VOTED AYE
CONSENT AGENDA
5. 1) Alan F. Ruf - Consulting City Attorney - General Services -
2/28/86 - $3,973.75 - Approval recommended by City Attor-
ney.
SYNOPSIO OF ACTION: (See Pages 3, 4 & 5)
No action taken.
Mr. Henning distributed copies of backup concerning this item to
Council members and explained that Page 2 of Mr. Ruf's bill
itemization referred to "Charter Board, $84.50 for 1.30 hours".
He,said on Page 1, third item down refers to a "l hour conference
with Melanie Reynolds". He said on Page 2, sixth item down, it
.refers to "revision to letter". He said this bill was approved at
the last Council meeting.
Mr. Henning said he had transmittals regarding his receipt of
memos from Melanie Reynolds and his request of Mr. Ruf to provide
any particular information he had available relevant to this. He
said.the Council has three alternatives:
1. Leave this as is and charge it against the Charter Board
2.! Leave this as is and charge the City Attorney's office
3.. Object to it and request a credit / I
27
3/12/86
/pm
Mr. Henning said this concerned the referendum issue and Mr. Ruf
had more copies at his disposal than Mr. Henning did and that is
why it was referred to him. C/M Stein noted that the public does
not have the right to use the City Attorney's services for general
information purposes and V/M Massaro agreed.
COMMUNITY DEVELOPMENT
29. Woodmont Tract 57 - Revised Site Plan - Temp. Resit.
#4029 - Discussion and possible action on a revised site plan
reflecting two entrance signs.
SYNOPSIS OF ACTION:
Discussion (See Below)
for further action.
Mr. Henning read Temp. Reso. #4029 by title.
Thelma Brown, City Planner, said staff recommends approval of the
two entrance signs provided that the City receives recorded
easements from the developer to the lot owners and subject to the
signs being approved by the Beautification Committee.
28. Sunflower Shopping Plaza
so #4028 - Discussion
plan for the Blue Dolphin
and canvas canopy.
SYNOPSIS OF ACTION: (See Page 27)
Addition of conditions to the
APPROVAL.
- Revised Site -Plan - Temp.
and possible action on a revised site
Restaurant reflecting a wood screen
Is
V/M Massaro said the City Planner had noted that the
Beautification Committee made a recommendation that there be no
signage allowed on the canopy and that the color blend with the
decor of the plaza.
C/M Stein AMENDED his MOTION to include those items, SECONDED by
C/M Munitz.
yQTE:
ALL VOTED AYE
29. Woodmont Tract 57 - Revised ite Plan - Temp. Reso.
#4029 - Discussion and possible action on a revised site plan
reflecting two entrance signs.
SYNOPSIS OF ACTION: TABLED
to the 3/26/86 Council meeting
for a report by the City Attorney.
Ms. Brown said the recommendations were that to receive a copy of
the recorded easement from the developer to the lot owners and
that the signs be approved by the Beautification Committee.
V/M Massaro asked if the Beautification Committee has reviewed 44
this and Ms. Brown said no.
Dan Violet, representative of Keith & Schnars, said staff re-
commended that they submit a Landscape Easement and they have
submitted a legal to the City. He said the City Clerk noted that
the City would like the easement recorded, however, there are no
lot owners and the City Clerk's office has advised them to submit
and record the easement. He said this is being done now.
28
3/12/86
/pm
V/M Massaro said this should have gone to the Beautification
Committee first and the City Planner said this is scheduled to be
reviewed by them on 3/17/86.
V/M Massaro MOVED to TABLE this item to the 3/26/86 Council
meeting for a report by the City Attorney, SECONDED by C/M Stein.
VOTE:
:
ALL VOTED AYE
30. Tract 24 - Temp, Reso,#4030 -- Discussion and possible action
on:
a) Refund of CIAC fees and voiding of the Water and Sewer
Developers Agreement
b) Refund of Water Retention fees and voiding of Water Reten-
tion Agreement
c) Refund of Drainage Improvement fees
d) Voiding of the site plan
e) Voiding of the plat
SYNOPSIS OF ACTION. RESOLUTION NO. R--8.6-78 PASSED.
APPROVED a) through e)
with conditions.
Mr. Henning read Temp. Reso. #4030 by title.
Mr. Henning referred to a typo on Line 14, should be "plat" not
"plot". He said the developer moved forward to pull building
permits -upon plat approval and recording. He said they have since
decided -not to move forward and they are prepared to forego their
site plan -and plat, which have not been recorded by the County as
yet.
Mr. Henning said Council approved the Development Order, which
included the plat, with Resolution 85-256 and in Section 4 of
T-empa_Reso, #4030, this would be rescinded. He said the applicant
has paid the connection charged of $172,890.00 for 113 ERCs and
the drainage improvement and water retention money. He said there
is a waiver to any claims of interest.
Mr. Henning said he questioned whether a revised Water and Sewer
Agreement was necessary to cancel this but he was told that the
bank has not signed this document as yet and will return the
originals to the City. He said the processing fees for site plan
approval, engineering approval and advertising costs are not being
refunded.
C/M Stein MOVED APPROVAL of Temp_, _ggso, #4030, items a) through
e), SECONDED by C/M Munitz.
V/M Massaro asked where the agreements are voiding these things
and Mr. Henning said there is a letter of petition and a signature
line could be added to the Resolution.
C/M Stein AMENDED his MOTION to include APPROVAL subject to the
City receiving the original Water and Sewer Agreement. C/M Munitz
agreed as the SECOND.
V/M Massaro asked what kind of processing fees were paid and
Mr..Henning referred to the Report of Council Action dated 7/1/85
for.the 6/14/85 City Council meeting, Resolution 85-193, which
noted:
29
3/12/86
/pm
"APPROVAL was based on the payment of the following fees:
$ 172,890.00 - Water and Sewer Developers Agreement
23,814.00 - Drainage Retention Fee
2,093.00 - Drainage Improvement Fee
500.00 - Water and Sewer Review Fee"
Mr. Henning said the total fees, less the $500.00 amount, is
$198r797.00, which the City has had in the bank since 6/14/85.
Mr. Henning said Section 5 of Tgmp. geso. #4030 must be deleted
since the original Water and Sewer Agreement will be returned to
the City. He said he will prepare signature lines for them to
sign on the Resolution.
VOTE:
C/M Stein Aye
C/M Munitz Absent
C/M Gottesman Aye
V/M Massaro Aye
Mayor Kravitz Aye
Mayor Kravitz recessed the meeting to 5:05 P.M.
Tape7 - - - - - - - - - - - - - - - - - - - - - - - - - -
V/M Massaro called the meeting to order at 5:09 P.M.
ROLL CALL: PRESENT:
Vice Mayor Helen Massaro
Councilman Arthur H.'Gottesman
Councilman Raymond J. Munitz
ABSENT AND EXCUSED:
Mayor Philip B. Kravitz
Councilman Sydney M. Stein
ALSO PRESENT:
Larry Perretti, City Manager
Jon M. Henning, City Attorney
Marilyn Bertholf, City Clerk
Patricia Marcurio, Secretary
PUBLIC „HEARI,NG.�
AMENDMENTS T D ELEMENT F HE LA D U E P A
38. T e land s o I Land ct' n 7 Towns i 49 uth n e 41
ast:
a) Addition of the land use "Water" - Tem eso 14031
b) Addition of the land use "Transportation" - TempReso
#4032 - ; -.
c) Correction of acreage statistics in Study Area (Flexibility
Zone) 62 - Temp. es 403
d) Amendment of the south half of land use and map for Land
Section 7, Study Area (Flexibility Zone) 62 - Tg�.
Reso. #4034
e) Amendment of the north half of land use and map for. Land
Section 7, Study Area (Flexibility Zone) 62 - Temps
_Reso._#4035
£) Approval of amendments to the Tamarac Land Use Plan and
authorizing submission to the Broward County Planning
Council for recertification - Temp. Reso. ,_#4039
t1
J
30
3/12/86
/pm
g) Approval of amendments and Land Use Map to the Broward
County Land Use Plan within the City and authorizing
„. .submission to the Broward County Planning Council and
.,_authorizing the Broward County Planning Council to submit
all amendments to the State of Florida - T m . Reso.
#4044
Y P F C ION: RESOLUTION NO. R-86-80 PASSED.
APPROVED a) through e), RESOLUTION NO. R-86-81 PASSED.
f) and g) Agendized by RESOLUTION NO. R-86-82 PASSED.
Consent and APPROVED. RESOLUTION NO. R-86-83 PASSED.
Public hearing was held RESOLUTION NO. R-86-84 PASSED.
f) Thelma Brown, City Planner, requested Council Agendize by Consent
Temp- Reso. #4039 approving amendments to the Tamarac Land Use
Plan Element and authorizing submission to the Broward County
Planning Council for recertification.
C/M Gottesman MOVED to Agendize this item by Consent, SECONDED by
C/M Munitz.
Y-Q—TE' . ALL VOTED AYE
g) Ms. $rowrl.requested Council Agendize by Consent a so.
tt040 Approving amendments to the Land Use Plan and Map to the
Broward County Land Use Plan within the City of Tamarac and
authorizing submission to the Broward County Planning Council and
authorizing the Broward County Planning Council to submit all
1p amendments to the State of Florida for a 90-day concurrent review
for recertification.of the Tamarac Land Use Plan.
C/M Gottesman MOVED to Agendize this item by Consent, SECONDED b
C/M Munitz. y
VOTE:ALL VOTEp AYE
a) Ms. Brown said this is the addition of the Land Use category of
"Water" and.the Planning Commission took action on this item on
2/27/86 at 5:05 P.M. She said the only change which the Planning
Commission made was to eliminate the color from the category,
which,should now read, "This category includes a waterway or any
body of.water used for drainage purposes of rainwater, which flows
in the manner prescribed by the City of Tamarac Code as amended
from time to time."
Mr. Henning read Temp. Res0--#A031 by title.
Mr. Henning said the question came up during preparation as to
whether or not this water Element applies only to Land Section 7
or to the entire Land Use Plan. Ms.
Brown al
be for the entire Land Use Plan for Tamarac sbut theaid itwill necessityuofly
getting .this Land Use -Plan for Land Section 7 created the need.
V/M Massaro opened and closed the public hearing with no response.
Bill Keith of Keith & Schnars Engineers, said e
refers to a canal through Land Section 7. esO• #4031
C/M'Stein MOVED APPROVAL of Temp. eso`A4031, SECONDED by
C/M Munitz.
lit_ F�
LL OTED AYE
b) Mr. Henning read Temp. R so. #4032 by title.
31
3/12/86
/pm
Ms. Brown said the Transportation Element was reviewed by the
Planning Commission on 2/27/86 at 5:05 P.M. and the only change
concerned the color.
Mr. Keith said the category of "Transportation" would be a City-
wide Land Use Element and, as it affects Land Section 7, it would
be Commerical Blvd. on the south with Nob Hill Rd. on the east.
V/M Massaro opened and closed the public hearing with no response.
C/M Gottesman MOVED to APPROVE Tem,_Resos_44032, SECONDED by
C/M Munitz.
Y-QTE:
ALL VOTED AYE
c) Mr. Henning read Temp. Reso. #4033 by title.
V/M Massaro opened and closed the public hearing with no response.
Ms. Brown said this concerned correction of acreage statistics and
C/M Stein asked which land is affected. Ms. Brown said this
affects all land within Land Section 7 plus the acreage within the
area known as Flexibility 62, which is all areas west of
University Dr., south of McNab Rd., north of Commercial Blvd. and
the Sawgrass Expressway.
Ms. Brown said the Planning Commission approval on 2/27/86 was to
allow the corrections of figures in Flexibility Zone Study Area 62
subject to units per acre. She said there was a column that was
missing on the previously certified plan leading out those units
that has been included now.
C/M Munitz MOVED to APPROVE Temp. Reso. #4033, SECONDED by
C/M Gottesman.
Mr. Henning said there was a list of an Exhibit with acreage and
density in the old Tamarac Land Use Plan, some of the figures were
wrong and this is revising the figures to correct them. He asked
if the corrections were only in Land Section 7 or throughout and
Ms. Brown said corrections are needed throughout Zone 62. She
said the Exhibits are attached.
VOTE:
ALL TED YE
d) Mr. Henning read TeMR. Reso.#4034 by title.
Ms. Brown said this amendment is for the south half of Land
Section 7, Study Area, Flexibility Zone 62. She said the elimina-
tion of some areas that were previously zoned for residential
parks and a school must be shown and the additional commercial and
industrial areas must be created.
V/M Massaro opened and closed the public hearing with no response.41
C/M Gottesman MOVED APPROVAL of Temp. Reso. #4034, SECONDED by
C/M Munitz.
Yam:
ALL VOTED AYE
e) Mr. Henning read Temp. Reso. #4035 by title.
V/M Massaro opened the public hearing.
V
32
3/12/86
/pm
Ms. Brown said this is an amendment to the north half of the land
use and map for Land Section 7, Study Area, Flexibility Zone 62.
Mr. Keith said it is important for the record to recognize that
there is a substantial change since the large industrial area, of
133 acres, is now going ,to be a large residential area. Ms. Brown
said this is designated for medium density for 5 to 10 dwelling
units per acre.
Ms. Brown said.there has been no change in the density other than
to lower it slightly because the County had allowed from 10 to 16
dwelling units per acre. She said in reviewing this land area it
was determined that the.maximum that could be permitted in order
to maintain the density allowed under that flexibility zone, would
be from 5-to 10 dwelling units per acre.
Louis Silverman, resident, asked if there will be drainage shown
throughout this area and Ms. Brown said the drainage in that area
will be done via the proper canal system and the connections
thereto. She said when these plans come forward with the Land Use
designation, it would not at that time show where the drainage
would be. She said it will come back to Council for review under
a site plan. Mr. Silverman expressed concern with the drainage
problems experienced by Sections 23 and 24.
C/M Stein asked how much of the industrial/commercial zoning has
been reduced by this change and Ms. Brown said they have not
really reduced it but have annexed it from the north area to the
south area. She said there will be 3.4 acres over what was on the
last.Land Use Plan Amendment since Tamarac was under the acreage
required by Broward County Planning Council, therefore, the City
must maintain a.total of 240 acres of industrial designation.
C/M,.Munitz.referred to a letter from Stuart Stein dated 3/10/86 in
which some questions were raised and Mr. Henning read this letter
into the record. (See Attachment 2).
Mr: Henning said the City has always spoken of a residential
buffer north of McNab Rd. and the south portion of Land Section 7.
He said,the latest plan is about three times the originally
planned buffer and Location 100, Inc., the client named in this
letter, negotiated with the City for the possible purchase by the
City of some of their land, the negotiations were unsuccessful and
the City bought land farther south from Leadership Housing.
Mr. Henning said one of the prime issues that was raised in the
development of the south half of Land Section 7 was drainage and
.it was determined that a canal was needed across the land section.
He said that 120-foot wide canal was a primary buffer between the
residential and industrial land uses. He said they checked with
engineers to determine if the canal could be bent somehow and
include the property in the south half industrial area. He said
they were told the flow of the canal would not work that way.
Mr. Henning said there were.comments made.in the letter concerning
access to the Sawgrass Expressway on the north half of.Land
Section 7 and noting that it should be zoned industrial. He said
in discussions it was crucial that there be no access to traffic
from Commercial Blvd. into the residential area. He said all of
the representations made in the letter are not as clear cut as Mr.
Stein -indicated. He requested this letter be made an Attachment
to these Minutes.
33
3/12/86
/pm
v,
C/M Stein asked the City Planner if the 45 acres the City owns as
industrial land is included in this and Ms. Brown said yes, but
the intent is to zone and regulate those land use categories
within the industrial zone in which the City would limit and
restrict the permitted uses. She said under the industrial
classification, the City can maintain the 45 acre tract as a
community facility, which is permitted in that category.
C/M Gottesman noted that the term "industrial" is a designation
given by the County since Tamarac does not have any actual indus-
trial activity.
V/M Massaro closed the public hearing with no further response.
C/M Gottesman MOVED APPROVAL of Temp. Reso. #4035, SECONDED by
C/M Stein.
VOTE:
ALL .VOTED AYE
f) Thelma Brown, City Planner, read Temp. Reso. #4039.by title.
V/M Massaro opened and closed the public hearing with no response.
C/M Stein MOVED APPROVAL of Temp, Reso.#4039,.SECONDED by
C/M Munitz.
Ms. Brown said the City must send the recommendations to the
County after today's meeting, which will be considered part of the
90-day concurrent review. She said at that time one copy must go
to the State for their consideration of recertification. She said
this is to get the Broward County Planning Council to review them
and consider them as a recertification document.
C/M Munitz asked if the Broward County Commission is involved in
this and Ms. Brown said yes, there are public hearings after
11/1/86. She said the State wants regulatory control over each
City and they are reviewing everything that is done. She said
there could be an impact from them if they do not approve every-
thing that is being done. She said this is requesting the Broward
County Planning Council to review it within that 90-day period
and, if there are any comments or corrections that need to be
done, they will notify the City.
VOTE•
ALL VOTED AYE
g) Ms. Brown read Temp. Reso. #4044 by title.
Tape 8
V/M Massaro opened and closed the public hearing with no response.
C/M Gottesman MOVED APPROVAL of Temp. Reso. #4044, SECONDED by
C/M Munitz.
TE:
ALL VOTED AYE
V/M Massaro introduced Mr. Galowitz of the Marmon Corporation and
he noted that Leadership Housing is not involved in this.
Mr. Galowitz said they have two development entities which they
use, Transunion Land Development and Madison Realty, Inc. He said
the latter is the name he would prefer be linked to.this project.
He said this piece of land has been owned by them for some time
and from now on this should be referred to as the "Madison
Parcel".
34
3/12/86
/pm
V/M Massaro asked Mr. Galowitz what he expects to.do with his land
and he said he w,ould.like to have those 30 acres become a sub -
regional shopping center._ He said they will now do ,a market-
ability study on this property and V/M Massaro asked how long this
will take. Mr. Galowitz said this will take approximately 6
months. He said they are ready to put the force main in if
necessary.
39. Ue-Jand usg for Tamarac Nursing Cent r n and Section 9
owns i 9 South, Range41 East, permitting Special Care uses
within the guidelines established by Broward County Ordinance
85-92 - Temp. eso. #4036
SYNOPSIS OF,ACTION: RESOLUTION NO. R-86-85 PASSED.
APPROVED. Public hearing
was held.
Mr. Henning read Temp. Resot4036 by title.
Ms. Brown said this was reviewed and approved by the Planning
Commission on 2/27/86 at a Public Hearing at 5:05 P.M. She said
they adopted the staff's recommendation to amend this section of
the City Code to add the permitted uses in commercial category,
flexibility for permitting special care uses within the guidelines
established by the new County Ordinance. Ms. Brown said the only
change that has been made is to update this Resolution including
it all of the comments from the Planning Commission.
V/M Massaro noted that Madison Realty Co. paid for their Land Use
Amendment immediately in the amount of $11,200.00.
V/M Massaro opened the public hearing.
Ms. Brown said this item was initially discussed because the
Tamarac Nursing Home had petitioned to the State for a Certificate
of Need for a 180-bed nursing home facility. She said they were
only Permitted 101 beds under that Certificate of Need and the
additional 79 beds were not approved by the State as being needed.
She said that created a need within the City of Tamarac to
immediately address A.C.L.F. (Adult Congregate Living Facilities).
Ms. Brown said the County passed an Ordinance within that period
of time that told each City that provision must be made for
special housing needs within this area. She said they agreed and
allowed for flexibility within; commercial zones provided there is
reserved units to allow A.C.L.F. She said in this category there
were adequate amounts of reserve units and flexibility.
C/N Munitz noted that there are traffic problems at:this location
since 79.Ave. will be on the eastern portion of this property.
Ms. Brown said there was a traffic study done on this particular
use and it indicated that the traffic would be less than that
which would have been for the nursing care facility. She said the
people that utilize A.C.L.F. units are usually not great traffic
generators.
V/M,K4ssaro closed the public hearing with no response.
Mr. Henning said the site on 79 Ave. is presently commercial and
this amendment allows certain types of residential uses.
35
3/12/86
/pm
Mr. Henning asked if this would apply to all commercial property
in Tamarac or just this site and Ms. Brown said once amended it
would allow for commercial flexibility in all zones within
Tamarac. Mr. Henning asked if that would require Council
approval on each occassion and Ms. Brown said no.
Mr. Henning asked if A.C.L.F. would need Special Exception as well
and Ms. Brown said it would come within this Special Exception
ruling and would have to be incorporated in the Ordinance.
C/M Stein MOVED APPROVAL of Temp. Ord. #4036, SECONDED by
C/M Munitz.
_YOTE:
ALL UTED AYE
40. The land use for Woodlands United Methodist Church in
Land ct' n ns 49 ut n e - East, amending the
designation and map from Community Facilities to
Commercial in Study Area (Flexibility Zone) 60 - TeMps
i,eso, #4037
SYNOPSIS OF ACTION: DENIED.
Mr. Henning read Temp. Reso. #4037 by title.
Thelma Brown, City Planner, said the action of the Planning Com-
mission on 2/27/86 was to DENY this Land Use Plan Amendment because
to change the zoning from Community Facilities to Commercial would
cause this land area to not have the proper access that it needed
without having a joint cross -easement or ingress or egress from
property owners to the south and to the west.
Ms. Brown said according to Broward County, this must go forward
even though the City Planning Commission Denied it. She said
Council must either concur with the Planning Commission's Denial or
it would have to be Approved with Amendments. She said staff also
recommends Denial of this Resolution.
Mr. Henning said this morning Mayor Kravitz received a telephone
call from a Miss Jean Wahlbom, Chairman of the Trustees of Wood-
lands United Methodist Church, stating that she will be going into
the hospital and was unavailable to be here on this item. He said
she discussed a Tabling action with the Mayor.
V/M Massaro opened the public hearing.
Louis Silverman, resident, said this area is the westernmost corner
of the property that is owned by Woodlands Methodist Church and is
an area that is not used. He said to the north of that is the
canal and on the other side of the canal are homes in Sections 14
and Lake :Colony. He said this area is definitely landlocked;
however, there is a property on McNab Rd. just west of the Sunni -
land -Bank that is available for rental.
li
Mr. Silverman referred to a sketch which was displayed on the easel
and noted that Compass Realty has a sign there for sale of this
land. He said in that way, the Church could avoid the problem of
no accessibility but it would destroy the surrounding area as
residential because, if they own this property they can build up to
the waterline.
36
3/12/86
/pm
L
V/M Massaro stated that Mr. Silverman is explaining that he would
not like any Commercial zoning attached to this area because of the
residential area on the other side. She said at the present time
this is not of great concern.
V/M Massaro closed the public hearing with no further response.
C/M Stein MOVED to DENY TgDp. Reso. #403 , SECONDED by
C/M Munitz.
VOTE:
C/M Stein Aye
C/M Munitz Aye
C/M Gottesman Aye
V/M Massaro Aye
Mayor Kravitz Absent
V/M Massaro adjourned the meeting at 6:20 P.M.
MAYO
TTEST:
CITY CLEPAf
This public document was promulgated at a cost of $255.10 or
$23.50 per copy to inform the general public and public officers
and employees about recent opinions and considerations by the City
Council of the City of Tamarac.
CITY OF TAMARAC
APP 0 ED AT MEETING OF
City Zie
37
3/12/86
/pm
I�
No Text
ATTACHMENT 2 - Page 1 of 2 - 3/12/86 Council Meeting -
Item #38 - Land Uses for Land Section 7, Township 49 South,
Range 41 East
e)Amendment of the north half of land use and map for Land
Section 7, Study Area (Flexibility Zone) 62
STUART L. STEIN
JADWIGA T. 9ALZANO
OF COUNSEL
ALICE M. REITER
01y
STUART L. STEIN, P.A.
AT"ORNEYS AND COUNSELORS AT LAW
1136 SOUTHEAST THIRD AVENUE
FORT LAiiDERDALB. FLORIDA, 33316
March 10, 1986
The City Council of the City of Tamarac
City Hall
5811 N.W. 88th Avenue
Tamarac, FL 33321
Re: Rezoning of Section 7
Public hearing of March 12, 1986
Dear Sirs:
t/�
TELEPHONE
CITY MANAGER
Q T Y OF TAMARAC
Please be advised that the undersigned is counsel for
Location 100, Inc., the equitable owner of approximately 65
acres in Section 7. By Public Notice, the City is intending
to discuss possible down zoning of my client's parcel and
other parcels located within Section 7 of the City of
Tamarac.
This property has been designated as industrial on the
County Land Use Plan. The Land Use Plan has been approved
by the City of Tamarac. The moratorium placed on Section 7
was instituted by the City after my client made moves to
have the property zoned industrial to conform to the County
Land Use Plan in 1982. A moratorium is instituted so that
landowners and the City can, in good faith, look into the
problems which development may cause. It is not for the
purpose of taking the measure of politial winds of the elec-
torate for or against particular developmental plans.
The moratorium has not been a good faith act on the part of
the City in the light of your proposed down zoing to resi-
dential.
The development of the City by Leadership Housing and its
relationship to the City by questionable agreements on land
use, have prejudiced my client. Such a relationship may be
considered illegal contract zoning and would open both
Leadership Housing and the City of Tamarac to substantial
liability.
Additionally, the Sawgrass Expressway being built along the
western perimeter of Section 7, makes the down zoning from
industrial use that much more questionable when there is
r_ I
•
ATTACHMENT 2 - Page 2 of 2 - 3/12/86 Council Meeting -
Item #38 - Land Uses for Land Section 7, Township 49 South,
Range 41 East
e) Amendment of the north half of land use and map for Land
Section 7, Study Area (Flexibility Zone) 62
March 10, 1986
The City Council of
Page 2
the City of Tamarac
ready access to highway facilities to avoid further traffic
burdens on the Tamarac thoroughfares, which may have figured
into the moratorium.
The undersigned would be more than pleased to sit down with
the City Planners to discuss the possibilities of a zoning
change that would be advantageous and acceptable to both the
City and my client.
Until such time, my client, Location 100, Inc., by this
letter, gives notice to the City as strenuously objecting to
any down zoning from industrial on any parcels in Section 7,
which would.be in contradiction to the Land Use Plan as
approved.
Yours very truly,
STUART L. STEIN, P.A.
by
Stuart L. Stein
SLS/bms
cc: Client
STUART L. STEIN, P.A.
ATTORNEY$ AND COUNSELORS AT LAW