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HomeMy WebLinkAbout1986-03-26 - City Commission Regular Meeting Minutesr4 � � M9� v n 'c�OR1DP P.Q. BOX 25010 TAMARAC, FLORIDA 33320 11­0 FIRST CLASS MAIL -_ CITY OF TAMARAC CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY, MARCH 26, 1986 CALL_TO.ORDER: 9:00 A.M. ANNQUNCEMENT QF TIME ALLOCATIONS - MOTIONS TO TABLE - The Chai at this time will announce those items which have been given a specific time to be heard, and will entertain motions from Council members to table those items which require research. Council may agendize by majority consent matters of an urgent nature which have come to Council's attention after publication. PRESENTATIONS AND AWARDS 1. Employee Service Awards - Presentation by City Manager Perretti of ten-year pins to Arlene Malusky, Police Department, and William "Pat" Kieley, Building Department and five-year pins to Doris Mazen, Utilities, John Dowling, Fire Department, and Charles Turner, Police Department. 2. P s nt t'on by State Senator Peter Weinstein and Representatives Peter Deutsch and Joseph Titone regarding State Legislative matters. BOARDS AND COMMITTEES 3. Park C9mmi§sinner - Discussion and possible action to accept the resignation of Louis Solomon, Parks Com- missioner. 4. Items listed under Item #4, Consent Agenda, are viewed toi 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 Conseni Agenda and will be considered separately. a) Minutes of 3111,81 - Special Meeting - Approval recommended by City Clerk. b) Robert B. Dunkel - Charter Board Attorney - 3/11/86 - $732.55 -- Approval recommended by Charter Board. c) Shailer, Purdy & Jolly - Special Counsel - Police Forfeiture - 3/10/86 - $247.50 - Approval recommended by City Attorney. d) Kimley-Horn and Associates, Inc. - Consulting Engineer - 3/5/86 - $347.19 - Approval recommended by City Planner. PAGE 1 3/26/86 e) Al Nathanson -- Woodmont Tract 62, Lot 11 - Refund of Interim Services Fee for property on tax roll - $973.10 - Approval recommended by City Manager. f) Packard Press - Printer for Utility Bond Issue - 2/26/86 - $7,995.03 - Approval recommended by Finance Director. g) Professional Managers - Insurance Claim - Payment of policy deductible on faulty building inspection claim 3/19/86 - $2,500.00 - Approval recommended by Per- sonnel Director. h) Lanzo Construction Company - Turnpike Utility Reloca- tion Project -- 3/18/86 - Payment No. 1 - Project #84--9 - $2,833.20 - Approval recommended by Utilities Director/City Engineer. i) Lanza Construction Company - 18-Inch Force Main Crossing at Commercial Boulevard - Project #85-18 - 3/18/86 - $50,312.21 - Approval recommended by Util- ities Director/City Engineer. j) Investment of City Funds - Temp. Reso. #4025 -- Author ization to extend 3/12/86 tabling action to a future meeting. k) Remove and Stockpile Waste Lime Sludge - Authorizati to advertise for bids for a (3) three-year period. 1) Golf Villas of Sabal Palm - Release of HOW Bond - Authorization to extend 3/12/86 tabling action to a future meeting. m) Woodmont Tract 48 - Release of Performance Bond - Authorization to remove this item from the agenda. LEGAL AFFAIRS 5. Charter Amendments - ReRort - Discussion and possible action regarding the Order of Judge Garrett on the injunction of Amendments No. 2 and 7 on the March 11, 198 ballot. 6. Rainlands Section 6 - Temp. Reso. #4047 - Discussion and possible action to authorize the appropriate City officials to execute an Assignment of Declaration of Restrictions to Mainlands of Tamarac Lakes Section 6. 7. Repeal of ARPointment of Alternate Council airman -- Discussion and possible action to void the memo issued by Mayor Philip Kravitz appointing Councilman Gottesman to serve as Council Chairman in the absence of the Mayor and Vice Mayor. GENERAL ADMINISTRATIVE/FINANCIAL 8. Confidential, Supervisoryand Mana eria Employees - Temp, Rego--#3811 - Discussion and possible action to approve a pay plan and benefit package for these employee (tabled from 2/26/86 and 3/12/86) 9. a Prof ss' nal bil't Insuranc - Discussion and possible action to accept the recommendation of the Personnel Director to purchase this insurance from the Florida League of Cities for the balance of the fiscal year. (tabled from 3/12/86) 10. Bus Passenger Shelter Construction - Discussion and possible action on a presentation by Trendel, Inc., to construct bus shelters in the City. 1 I It PAGE 2 3/26/86 11. Finance Director Conference -- Discussion and possible action to authorize the Finance Director to attend a conference on April 10 and 11 by the Florida State Univer- sity in Tallahassee regarding the Federal Deficit and Tax Reform. 12. at flit creation Facility - Discussion and possible action on: a) Payment to Elite Drywall - 2/6/86 - $5,200.00 Approval recommended by Chief Building Official b) Payment to H. Kresser - Painting Contractor -- 3/18/86- $500.00 - Deposit for premixed paint - Approval recommended by Chief Building Official c) Payment to D. Roberts - Stuuco Contractor -- 3/17/86 - $4,100.00 - Labor and Materials d) Level Line Tile Company - 3/17/86 - $3,138.00 - Proposal for installation of bathroom the and window sills - Approval recommended by Chief Building Official. e) Approval of a budget adjustement from Appropriated Fund Balance to Capital Equipment of the Parks and Recreation Capital Improvement Fund in the amount of $4,724.00 to purchase furnishings for the new recrea- tion building - Approval recommended by Public Works Director. 13. Mitchell Ceasar - Grants Consultant -- Discussion and possible action on the second year option to the agreement between the City and Attorney Mitchell Ceasar. 14. Broward Sheriff's Office - Temp. Reso. #4048 - Discussion and possible action. 15. Pglice_Qbjef suspension - Review - Discussion and possible action on this administrative action. 16. Council -Chambers - Discussion and possible action regarding the replacement of the dais chairs. 17. Tamarac utilities New Bond Issue - Selection of Underwriters - Discussion and possible action. 18. Broward League of Cities_Business - Discussion and possible action on: a) Report b) Appointment of Voting Delegate and Alternate for the period of April, 1986 through March, 1987. 19. Nogthwest Council of Mayors Business - Discussion and possible action. 20. Engineering Department - Rgport - Discussion and possible action on request of City Engineer for authorization to advertise for expressions of interest for consulting engineers. 21. University Drive d nin - Report by City Engineer - Discussion and possible action on a proposed contract with the County for utility line relocation, maintenance of landscaping and street lights. PAGE 3 3/26/86 COMMUNITY DEVELOPMENT 22. Midway Plaza - Discussion and possible action on: a) Approval of a revised site plan for Publix parking lot - Temp. Reso. #4070 b) Approval of an agreement with Williams, Hatfield & Stoner, Inc., for construction management services for installation of four (4) potable water wells in an amount not to exceed $7,500.00. c) Approval of the developer's Well Drilling Contractor and the negotiated price. 23. Village Mall (Forget Furniture) - Bond Release - Temp. Reso. #4052 - Discussion and possible action to release a warranty bond in the amount of $1,493.75 posted for public improvements. 24. Piccadilly Cafeteria - Bond.Bglgase - Temp. Reso. #4053 - Discussion and possible action to release a warranty bond in the amount of $17,190.00 posted for public improvements. 25. Paradise Estates - Lot 6 - Bond Release - Temp. Rego A454 - Discussion and possible action to release a sod bond in the amount of $600.00 posted to guarantee installation of sod on this homesite to Robert Greenblatt- 8811 Paradise Court. 26. Jasmine - Bond -Release - Temp. Reso. #4027 - Discussion and possible action regarding outstanding fees and documents to be submitted to the City before releasing a cash bond posted for Building 1 curbs. (tabled from 3/12/86) 27. Woodmont Tract 57 - Revised Site Plan - Temp. Reso_ #4029 - Discussion and possible action on a revised site plan reflecting two entrance signs (tabled from 3/12/86) 28. Jehovah's Witness Kingdom Hall - Revised -Site Plan - Temp. _Reso. #4055 - Discussion and possible action to approve a revised site plan for installation of a fence and storage shed. 29. Boulevards Section - Revised Site Plan - Temp. Reso, 1406 - Discussion and possible action to approve a revised site plan for an additional patio area at the clubhouse pool. 30. Woodmont Tract 48 - Revised Site Plan - Temps geso. #4057 - Discussion and possible action to approve a revised site plan for additional parking spaces. 31. VersaillesGardens - Sign Waiver - Temp. Reso. #3995 - Discussion and possible action on a request to renew a sign waiver for a temporary community directional sign on the northwest corner of NW 80 Avenue and McNab Road. (tabled from 2/12/86) 32. Dr. T lerico - Gold Plus Plan - Sian Waiveg - Temp, Reso. #4051 - Discussion and possible action on a request for waiver to Chapter 21 of the Code for a sign located on the south elevation entrance to the office at 5463 North State Road 7. 33. Woodmont Tract 50 - Model Sales Permit - Discussion and possible action to approve renewal of the model sales permit for a six (6) month period. It 1 PAGE 4 3/26/86 34. King Point/Clairmont - Discussion and possible action on: a) Final Plat - Temp. Reso. #4058 b) Final Site Plan - Development Order -TeMp--Rgso. #4059 c) d) Water and Sewer Agreement Public Safety Ingress/Egress Easement - Temp. Reso. #4060 e) Irrevocable Option Agreement f) Declaration g) Vacation of NW 106 Avenue Right -of -Way by Temp" Reso_, #4061 h) Vacation of NW 103 Avenue Right -of -Way by Temp. Reso. #4046 (located on the north side of NW 71 Place, east of NW 106 Avenue) 35. California Federal Savings & Loan Association - Discussion and possible action on: a) Final Site Plan - Development Order - Temp. Reso_ #4063 b) Water and Sewer Developers Agreement c) Utility Easement - Temp. Reso. #4064 d) Public Safety Ingress/Egress Easement - Temp, Reso._#4065 e) Approval of a site plan for a temporary administrative trailer (located at the north corner of Sabal Palm Boulevard East and Rock Island Road) 36. Centre at Woodmont -- Discussion and possible action on: a) Final Site Plan _ Development Order - Temp. Reso. #4066 b) Water and Sewer Agreement c) Blanket Utility Easement - Temp. Reso. #4067 d) Public Safety Ingress/Egress Easement -Tip, Reso. #4068 e) Flow-Thru Easement - Tung. Reso. #4069 (located at the northwest corner of NW 78 Avenue and University Drive) 37. Utilities -West - 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 - TeM'P. Beso* #4021 (tabled from 3/12/86) REPORTS 38. City Council 39. City Manager 40. City Attorney - Continued - PAGE 5 3/26/86 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. Marilyn B rtholf, CMC City Clerk Following are the residential and commercial zoning districts in the City: A-1 - Limited Agricultural A-5 - Agricultural/Excavation B-1 - Neighborhood Business B-2 - Planned Community Business B-3 - General Business B-5 Limited Business District B-6 - Business District I-1 - Institutional M-1 - Light Industrial M-2 -, Medium Industrial R-1 - Single Family Residence R-1 B & R-IC - One Family Dwelling R-2 - Two Family Dwelling R-3 - Low Density Multiple Dwelling R-3U - Row House R-4A - Planned Apartment R-5 - Motel/Hotel RD-7 - Two Family Dwelling RM-5 - Residential Multi -Family Dwelling RM-10 - Planned Apartment S-1 - Open Space/Recreational T-1 - Trailer Park District f� L PAGE 6 3/26/86 CITY OF TAMARAC, FLORIDA REGULAR CITY COUNCIL MEETING March 26, 1986 Tape 1 CALL TO ORDER: Mayor Hart called the meeting to order on Wednesday, March 26, 1986, at 9:00 A.M. in the Council Chambers. ROLL CALL: PRESENT: Mayor Bernard Hart Vice Mayor Sydney M. Stein Councilwoman Helen Massaro Councilman Jack Stelzer Councilman Arthur H. Gottesman ALSO PRESENT: Larry Perretti, City Manager Alan F. Ruf, Consultant City Attorney Carol E. Barbuto, Assistant City Clerk Patricia Marcurio, Secretary MEDITATIO D PLEDGE OF ALLEGIANCE: Mayor Hart called for a Moment of Silent Meditation followed by the Pledge of Allegiance. Mayor Hart noted that the Council meetings will be conducted according to the procedure Resolution 84-34, adopted on 2/8/84. He said this Resolution stipulates that after a Resolution or Ordinance title is read, a Motion will be made and Seconded by the Council and then discussion will be held on the item. COMMUNITY DEYELOPMENT 41. Treghouse -- Revisgd 91te Plan - Temp. Re -so. #4049 -- Discussion and possible action. r YNOPSI F ACTION: Agendized by Consent. See Pages 23 & 24) . C/W Massaro MOVED to Agendize this item by Consent, SECONDED by V/M Stein. VOTE: ALL VOTED AYE E E DMI TRATIV FI CIAL 42. Payment of A.an Rufle Invoice dated 3 24 86 in the amount of $3,392.50 - Discussion and possible action. 5YNOPSIS QF ACTION: Agendized by Conserxt. (See Page 16). C/W Massaro MOVED to Agendize•this item by Consent, SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE TAMARAC UTILITIES 43. Wellf ie1d Protection Program - Project #85-7 - Chancre Ordeg #1 - Discussion and possible action. PSIS OF TION: Agendized by Consent. (See Page 16). C/W Massaro MOVED to Agendize this item by Consent, SECONDED by V/M Stein. Yam: ALL VOTED AYE 1 3/26/86 /pm X 44. TUW - Sewage TKansfeK Pu s - Project #85-19 - Change Order #1 - Discussion and possible action. SYNOPSIO OF ACTION: Agendized by Consent. (See Page 16). C/W Massaro MOVED to Agendize this item by Consent, SECONDED by V/M Stein. VOTE: ALL VOTE AYE GENERAL ADMINISTRATIVE/FINANCIAL 45. Tamarac Park Satellite Building - Contract f r Canopy - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. (See Pages 16 & 17). City Manager Perretti said the Chief Building Official has request- ed this item be Agendized by Consent and V/M Stein so MOVED, SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE BOARDS AND COMMITTEE 46. Social Services -- Discussion and possible action on: Temp, Reso,#4071 - Appointing 2 members 41 SYNOPSIS OF ACTION: Agendized by Consent. (See Page 15, 16 & 22) . C/W Massaro MOVED to Agendize this item by Consent, SECONDED by V/M Stein. V TE: ALL VOTED AYE 3. Parks CoMmissigner - Discussion and possible action on: a) Acceptance of the resignation of Louis Solomon, Parks Commissioner b) Appointm'ent of new Parks Commissioner - Temp. eso. #4050 SYNOPSIS OF ACTION: b) Agendized by Consent. (See Pages 10 & 11). V/M Stein MOVED to Agendize by Consent a b) portion to this item to appoint a new Parks Commissioner, Temp., Reso. #4050, SECONDED by C/M Stelzer. VOTE; ALL VOTED AYE COMMUNITY DEVELOPMENT 35. California F dera Savings & Loan Association - Discussion and possible action on: a) Final Site Plan - Development Order - T m . R so #4063 b) Water and Sewer Developers Agreement c) Utility Easement - Temp. Reso. #4064 d) Public Safety Ingress/Egress Easement -- TemD. R so. #4065 2 3/26/86 /pm 35. California Federal Savings & Lon Association -- Cont'd. e) Approval of a site plan for a temporary administrative trailer (located at the north corner of Sabal Palm Boulevard East and Rock Island Road) f) Easement & Option Agreement g) Landscape Plan SYNOPSIS OF ACTION: f) and g) Agendized by Consent. (See Pages 27 & 28). C/W Massaro MOVED to Agendize by Consent portions f) and g) to this item, SECONDED by V/M Stein. VOTE: ALL VOTED AYE 36. Cutre t Woodmont - Discussion and possible action on: a) Final Site Plan - Development Order - Temp. R so. #4066 b) Water and Sewer Agreement c) Blanket Utility Easement - Temps Reso, #4067 d) Public Safety Ingress/Egress Easement - Temp.,Reso, #4068 e) Flow-Thru Easement - Tem . R so 4069 f) Landscape Plan (located at the northwest corner of NW 78 Avenue and University Drive) _YNOPSIS OF ACTION: f) Agendized by Consent. (See Pages 31 & 32). C/W Massaro MOVED to Agendize by Consent portion f) to this item, SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE TAMARAC i�TILITIES 37. Utilities We - 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. R so 4020 b) Second Amendment to Large User Wastewater Agreement between Tamarac and the City of Fort Lauderdale - Temp, Reso, #4021 (tabled from 3/12/86) SYNOPSIS OF ACTION: Changed "West" to "East" in title of item on agenda. (See Page 5). IRC/W Massaro noted that the title should read "Utilities East" instead of "Utilities West" and she MOVED to correct this, SECONDED by V/M Stein. YQ.TE: ALL VOTED AYE 3 3/26/86 /pm COMMUNITY_ DEVELOPMENT 32. Dr. Talerico - Gold Plus Plan - Sign Waiver - Temp. so 4051 - Discussion and possible action on a request for waiver to Chapter 21 of the Code for a sign located on the south elevation entrance to the office at 5465/5463 North State Road 7. SYNOPSIS OF ACTION: Corrected address on agenda. (See Page 27). C/W Massaro MOVED to correct the address on the agenda to read "5465/5463" instead of "5463". SECONDED by V/M Stein. VOTE: ALL UTED AYE BOARDS AND COMMITTEES 47. Blanning Commission - Announcement -of Expiration of rms - Discussion and possible action. =OPSIS QF ACTION: Agendized by Consent. (See Page 11). C/W Massaro MOVED to Agendize by Consent announcement of the expiration of the terms for various members of the Planning Com- misson, since some of these terms expire on 4/15/86. SECONDED by C/M Gottesman. WeE LEGAL AFFAIRS ALL VOTED AYE 7. Reveal of Al2poin_tment of Alternate Council Chairman - Dis- cussion and possible action on: a) To void the memo issued by Mayor Philip Kravitz appointing Councilman Gottesman to serve as Council Chairman in the absence of the Mayor and Vice Mayor. b) Temp. Reso. #4062 - Rescinding Resolution 85-255, which provided for the appointment of a temporary Chairman of the Council by the Mayor. SYNOPSIS OF__ACTION: b) Agendized by Consent. (See Page 13) . V� 6-1 C/M Stelzer MOVED to Agendize by Consent addition of the b) portion of this item, SECONDED by V/M Stein. VOTE: ALL VOTED AYE GENERA& ADMI I TRATI E FI ANCIAL 15. Police Chief Suspension - Review - Discussion and possible action on this administrative action. SYNOPSIE_OF ACTION: REMOVED 44 from the agenda. City Manager Perretti requested this item be REMOVED from the agenda since this matter was handled administratively yesterday. V/M Stein so MOVED, SECONDED by C/M Stelzer. VOTE: ALL VOTED AYE 4 3/26/86 /pm PRESENTATIONS AND AWARDS 1. Employee Service Awards - Presentation by City Manager Perretti of ten-year pins to Arlene Malusky, Police Department, and William "Pat" Kieley, Building Department, and five-year pins to Doris Mazen, Utilities, John Dowling, Fire Department, and Charles Turner, Police Department. SYNOPSIS OF ACTION: Pins were presented. John Dowling was not present. City Manager Perretti presented the pins to the above named people. John Dowling of the Fire Department was not present to receive his five-year pin. TAMARAC UTILITIES 37. 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 (tabled from 3/12/86) SYNOPSIS OF ACTION: TABLED to the 4/9/86 Council meeting. C/W Massaro said she has received word that one of the Amendments to this item was just received this morning and she MOVED to TABLE this item to the 4/9/86 Council meeting, SECONDED by C/M Stelzer. VOTE: ALL VOTED AYE PRESENTATIONS AND AWARDS 2. Presentation by State Senator Peter Weinstein and Representa- tives Peter Deutsch and Joseph Titone regarding State Legisla- tive matters. SYNOPSIS OF ACTION: Presentations were given. Representative Peter Deutsch explained that Representative Titone could not be present since he had to be in Court today. He said there is excellent communication between his office and Tamarac. He said the possibility for a local gross receipts tax has been proposed by the Chairman of the Finance and Tax Committee as a way of allowing local governments of cities and counties throughout Florida to raise more resources. He said this is tied into the AD fact that a few years ago the Legislature capped the Occupational License fee that can be charged in any city. He said some states have related Occupational License fees towards some type of gross receipts. Representative Deutsch said another item directly affecting cities is a proposal regarding storm water runoff. He said there is a possibility the State might mandate cities follow a precise program concerning this and it might cost millions of dollars to do this. 5 3/26/86 /pm Representative Deutsch said he feels if the State is mandating cities to do something about this problem, the State should provide the resources to do it. Representative Deutsch said another item of concern would be follow up on the growth management bill of last year and a uniform Build- ing Code for the State. He said a continuing issue is mandated increased benefits for uniformed municipal officers. He said the general perspective that cities have is that the State should not be mandating benefits. He said there have been many problems in various cities concerning sovereign immunity and liability pro- blems. He said they expect major reforms in this area. Representative Deutsch said he is concerned about health care cost containment and he is working to stabilize these costs. He said he is Chairman of the House Crimes and Penalty Subcommittee and Senator Peter Weinstein is Chairman of the Judiciary Criminal Committee in the Senate. He said any criminal justice legislation must go through his Subcommittee in the House and Senator Weinstein's Committee in the Senate. He said they are both sponsoring a Bill which would increase the jail capacity in Broward County to keep criminals off the streets. Representative Deutsch said they have been involved with the Guidelines Commission, on which Senator Weinstein serves, to increase the guidelines for residential burglaries. He urged Council and the public to contact him at any time. Senator Peter Weinstein said the major item of concern this year i ll Liability Insurance. He said he was asked by the Insurance Commissioner to sponsor a Bill in the Senate this year to regulate commercial liability insurance to insure that premiums are not increased past a certain profit margin. Senator Weinstein said concerning crime and justice in Florida, the State is presently at absolute cap regarding the prison system. He said there are 29,000 people behind bars and the answer to the problem is to build more prisons in this State. He said they will do everything they can this year to appropriate the funds to build more State prisons this year. He said they are presently not getting sufficient revenue to meet the needs of the very young and very elderly. Senator Weinstein said another area of concern is manslaughter as a result of a drunk driving case. He said the offenders will be put in jail for a lengthy period of time for repeat offenders. He said they will be considering changes in the Sales Tax Exemption Laws since there are items that are exempt that should not be. He said the Homestead Exemption Law should be changed to provide a minimum tax for every resident of Florida. Senator Weinstein noted that Broward Day in Tallahassee will be on 4/16 and 4/17/86 and he urged Council and the public to contact him for any of their concerns. 9MMUNITY DEVELOPMENT is 22. Midway Plaza - Discussion and possible action on: a) Approval of a revised site plan for Publix parking lot - Temp. Reso. #4070 b) Approval of an agreement with Williams, Hatfield & Stoner, Inc., for contruction management services for installation of four (4) potable water wells in an amount not to exceed ; $7,500.00. 6 X U 3/26/86 /pm 22. Midway Plaza - c) Approval of negotiated SYNOPSIhJ 9-F-ACTION: APPROVED a), b) and c). Cont Id. the developer's Well Drilling Contractor and the price. RESOLUTION NO. R--86-97 PASSED. a) Mr. Ruf read Temp. Reso. #4070 by title. C/M Stelzer said staff recommends APPROVAL and he so MOVED, SECONDED by V/M Stein. VOTE; ALL VOTED ,AYE b) City Manager Perretti said staff recommends APPROVAL and C/M Stelzer so MOVED, SECONDED by V/M Stein. VOTE: ALL VQTED AYE c) C/M Stelzer said staff has recommended approval of the lowest bid from R.J. Sullivan for $246,000.00 and he so MOVED, SECONDED by V/M Stein. C/W Massaro said although this has been discussed with Mr. Beeson, the Well Drilling Contractor, as well as the City Engineer, she felt no one has had an opportunity to review this sufficiently. IF She felt to approve items without complete review is wrong. YQTE: ALL VOTED AYE QENERAL ADMINISTRATIVE/FINANCIAL 13. Mitchell Ceasar - Grants Consultant - Discussion and possible action on the second year option to the agreement between the City and Attorney Mitchell Ceasar. SYNOPS I,$, QF_ T I ON : APPROVED. V/M Stein said the original contract with Mr. Ceasar was for two years; one year with an option for the second year with a cap of $5,000.00. Tape 2 V/M Stein MOVED to APPROVE the option on the second year of this agreement at $75.00 per hour with a cap of $5,000.00 for the entire year. SECONDED by C/M Stelzer. C/W Massaro asked what Mr. Ceasar will be doing for $5,000.00 and Mr. Ceasar, Grants Consultant, said there is an item on the agenda concerning widening University Dr. and, specifically, utility line relocations, maintenance, landscaping and street lights. He said it is possible he could assist in this. Mr. Ceasar said there is no sign -off by the County or the D.O.T. at this point as to the 37-1/2% contribution by the City of Tamarac towards the total construction funds. He said there is, therefore, a possible contribution by Tamarac of an approximate amount of $900,000.00. He said in the past, the County has asked cities to donate a contribution of some amount when the County has given substantial amounts of money for a project. He said the tradi- tional number given is 37-1/2%. 7 3/26/86 /pm Mr. Ceasar said at this point, they have lined up the D.O.T. and eliminated the 5-year plan but have not determined what sort of contribution the City may have to make. C/W Massaro asked Mr. Ruf if the County wants to assess the City any percentage, does the City have to accept it. Mr. Ruf said he is not familiar with that proposal. C/W Massaro asked why this has not been resolved during this past year's negotiations with the County. Mr. Ceasar said the County can do whatever they like and if the cities do not accept the amount assessed by the County, then the money the County has allocated to give the City would be taken back. He said the street would remain as it is until the year 2005. C/W Massaro noted that Mr. Ceasar has stated that he has $700.00 due for 7 or 8 hours work and she questioned where the invoice is to show what this amount is for. Mr. Ceasar said the itemized bill was mailed to Council yesterday. C/W Massaro questioned if the $700.00 was part of the $5,000.00 for the second year and V/M Stein said it must be itemized and is not on this agenda for payment. C/W Massaro asked if it would not be better to give Mr. Ceasar specific things to do with a set amount than to give him $5,000.00 for an unspecified job. Mr. Ceasar said in the first year of the contract he was given a retainer and was told to find the money for the design and construction phases of University Dr. and he did this. C/M Gottesman asked Mr. Ceasar if other cities of Broward County paid 37-1/2% when their road was widened. Mr. Ceasar said it was a few years before he became active on this project but today a uniform standard across the County for County roads, wherever they may be, is generally 37-1/2%. He said they do make some exceptions and he is trying to have the contribution either eliminated or minimized below what other cities are charged. VOTE: C/M Gottesman Aye C/M Stelzer Aye C/W Massaro Nay V/M Stein Aye Mayor Hart Aye 14. B.roward Sheriff',s_Office - Temp. Reso,_ #4048 - Discussion and possible action. SYNOPSIS OF ACTION: RESOLUTION NO. R--86-96 PASSED. APPROVED. The City Manager, City Attorney and Police Chief will negotiate a contract with the Sheriff, bring this back to Council and put on the ballot for referendum. A summary of the contract will be sent to all residents before being put on the ballot. Mr. Ruf read Temp. Reso. #4048 by title. V/M Stein said this is a reintroduction of a Resolution which was submitted by him previously. 3/26/86 /pm r V/M Stein MOVED to APPROVE Temp. Reso. #4"8, which states that the City Manager, City Attorney and the Police Chief will negotiate with Sheriff Navarro. He said a contract will be brought back to Council and, when approved by Council, this will be put on the ballot for referendum for approval by the people. SECONDED by C/M Stelzer. C/W Massaro said she would like to see this Resolution provide for a 15-day period after the submittal of the proposed contract to Council to allow sufficient time for review and amendment. She said sufficient time should also be allowed for public hearings on this item. She said the Resolution should also provide for a summary of the contract to be published and a copy of the summary to be mailed to the residents for their information. C/M Stelzer noted that Section 3 of the Resolution specifically provides that, and he read, ..Contract and Ordinance referred to shall be completed by August 1st...". He noted that gives more time than 15 days since Workshop Meetings will inform the people as well. V/M Stein said Council cannot go to referendum without notifying the people of what is proposed. He said this is simply to have a contract proposed which Council will approve and then put on the ballot for referendum. He said this will actually take months to do and will most likely be put on the November ballot. C/W Massaro said no one is suggesting that something is going to be slid through but the people that come to a Council meeting are not the 38,000 residents in the City. She said she is suggesting that the summaries should be mailed to each household within the City to make them aware of the contents of this agreement. V/M Stein said he would ACCEPT that AMENDMENT to his MOTION that, when the contract is finally approved by the,Council, a summary shall be mailed to the population before the referendum date. C/M Stelzer as the SECOND agreed. VOTE: CONSENT ACE.NDA ALL VOTED AYE 4. Consent Agenda - a) Minutes of 3/18/86 - Special Meeting - Approval recommended by City Clerk. b) Robert B. Dunkel - Charter Board Attorney - 3/11/86 - $732.55 - Approval recommended by Charter Board. c) Shailer, Purdy & Jolly - Special Counsel - Police Forfeiture - 3/10/86 - $247.50 -- Approval recommended by City Attorney. d) Rimley-Horn and Associates, Inc. - Consulting Engineer - 3/5/86 -- $347.19 -- Approval recommended by City Planner. e) Al Nathanson - Woodmont Tract 62, Lot 11 - Refund of Interim Services Fee for property on tax roll $973.10 - Approval recommended by City Manager. f) Packard Press -- Printer for Utility Bond Issue _ 2/26/86 - $7,995.03 - Approval recommended by Finance Director. g) Professional Managers - Insurance Claim -- Payment of policy deductible on faulty building inspection claim - 3/19/86 -- $2,500.00 - Approval recommended by Personnel Director. h) Lanzo Construction Company - Turnpike Utility Relocation Project - 3/18/86 - Payment. No. 1 - Project #84-9 - $2,833.20 - Approval recommended by Utilities Director/City Engineer. i) Lanzo Construction Company - 18-Inch Force Main Crossing at Commercial Boulevard - Project #85-18 - 3/18/86 -- $50,312.21 - Approval recommended by Utilities Director/City Engineer. 9 3/26/86 /pm j) Investment of City Funds - Temp. Reso. #4025 - Authorization to extend 3/12/86 tabling action to a future meeting. k) Remove and Stockpike Waste Lime Sludge - Authorization to It advertise for bids for a (3) three-year period. 1) Golf Villas of Sabal Palm - Release of HOW Bond - Authorization to extend 3/12/86 tabling action to a future meeting. m) Woodmont Tract 48 - Release of Performance Bond - Authorization to remove this item from the agenda. �SYNQPSIS_QF ACTION: APPROVED Items a) through c) and e) through m). Item d) was REMOVED from the agenda since this bill was paid previously. C/M Stelzer MOVED to REMOVE Item d) from the agenda since this has been paid previously, SECONDED by V/M Stein. VOTE: ALL VOTED AYE C/M Stelzer MOVED to APPROVE Items a) through c) and e) through m), SECONDED by V/M Stein. TE: ALL VOTED AYE BOARDS AND COMMITTEES 3. Parks Commissioner - Discussion and possible acton on: a) Acceptance of the resignation of Louis Solomon, Parks Commissioner b) Temp. Reso. #4050 - Appointment of new Parks Commissioner ,b9YNQP,SIS OF ACTION: RESOLUTION NO. R-86-93 PASSED. a) ACCEPTED the resignation. b) Agendized by Consent on Page 2 and APPROVED appointing Norman Karr to serve at Council's pleasure. a) V/M Stein MOVED to ACCEPT the resignation of Louis Solomon as Parks Commissioner, SECONDED by C/M Stelzer. ME: ALL VOTED AYE b) V/M Stein nominated Norman Karr as Parks Commissioner and, hearing no other nominations, he MOVED APPROVAL of this appointment, SECONDED by C/M Stelzer. Mr. Ruf read Temp. Reso. #4050 by title. Mr. Ruf said the Resolution indicates that the Parks Commissioner shall serve at the pleasure of the City Council, therefore, there is not a term expiration date. VOTE• ALL VOTED AYE V/M Stein MOVED to insert the name of Norman Karr in Section 1 of the Resolution, SECONDED by C/M Stelzer. VOTE: ALL VOTED AYE 1 10 / 3/26/86 ✓✓✓ /pm C/W Massaro noted her regret at Mr. Solomon's resignation and she expressed her gratitude for his work in this position. C/M Gottesman agreed with C/W Massaro and suggested that a note be sent to him expressing these sentiments. 47. Planning, Co mi s'on - Announc ment of Expiration f Terms - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent on Page 4 Announcement was made. Mayor Hart announced that there are terms the Planning Commission for the following: Herman Larry Bender - Regular Member Joseph Suiter - Regular Member Martin Schoenfeld - Regular Member Jerry Liebowitz - Alternate Member Lee Rappeport - Alternate Member expiring on 4/15/86 on Mayor Hart urged interested parties file applications with the City Clerk's office. LE AL AFFAIR S. Cbartelnd nts - ort - Discussion and possible action regarding the Order of Judge Garrett on the injunction of Amendments No. 2 and 7 on the March 11, 1986 ballot. ZY OPSIS_QF ACTION: TABLED rr further advice from the tY Attorney. Mr. Ruf said on further reflection, he found that the Judge's Order is only a temporary one and is not final; therefore, a Motion for Rehearing is not appropriate at this time. He said procedurally, the.City can either authorize the City Attorney's office to move forward for a final hearing on the injunction or just wait and let the temporary injuncton Order stand as written. Mr. Ruf said he has had conversations with Robert Dunkel, Attorney for the Charter Board, and he has indicated that they will be considering whatever action is taken by Council today. He said they will decide whether they will endorse Council's decision, attempt to persuade Council to act differently or attempt to get in as a party in the suit in their own right. Mr. Ruf said action need not be immediate since they can file for a final hearing at any time. V/M Stein said in light of the Acting City Attorney's recommenda- tion, he MOVED to TABLE this matter until Council receives further word from the City Attorney. SECONDED by C/W Massaro. VOTE• ALL VOTED AYE Morris Haber, Charter Board member, said if nothing is done now, this would become a permanent injunction. V/M Stein said this is Tabled until further notice from the City Attorney. 11 3/26/86 /pm 6. Mainlands Section 6 - Temp. Reso. 14047 - Discussion and possible action to authorize the appropriate City officials to execute an Assignment of Declaration of Restrictions to Main- lands of Tamarac Lakes Section 6. _SYNOPSIS OF ACTION: HELD for afternoon. (See Page 26). Mr. Ruf read Temp, esp._#4047 by title. Mr. Ruf said this is not an unusual assignment since this has been done in many other sections of the City over the years. He said it is an opportunity for the Homeowners Association to take over the enforcement of the various Deed Restrictions. C/M Stelzer MOVED APPROVAL of Temp. Reso. #4047, SECONDED by V/M Stein. C/W Massaro said in the past the City was careful in making other assignments because the original restrictions held the City liable for any unpaid fees or leases on homes, etc. She said this Resolu- tion should have a release of that type before it is approved. Mr. Ruf said he has never had anyone ask the City for any financial compensation for any violation of these assignments which were done when these were just paper transfers between the developer and the City. He said Council could request Section 6 give the City a Hold Harmless Agreement and they would have to seek approval of this from their Association. C/W Massaro suggested this Item be held until after lunch so that it could be reviewed by the Acting City Attorney. Mayor Hart said this will be held until after lunch. GENERAL ADMINISTRATIVE/FINANCIAL 8. Confidential. Supervisory and Managerial Employees - Temp. Reso. #3811 -- Discussion and possible action to approve a pay plan and benefit package for these employees (tabled from 2/26/86 and 3/12/86) SYNOPSIS OF ACTION: TABLED. The benefit package was extended for the month of April. Mr. Ruf read Temp. Reso. #3811 by title. City Manager Perretti said this Resolution has been handled by Council on a month to month basis to date and he requested that this be finalized. V/M Stein said this is an important matter and the new Council should have time to review this further. C/W Massaro said she is concerned about the accumulation of time for the employees with no maximum accrual. She said Council should'examine this carefully because it can be very damaging to the City in the future. Mr. Perretti noted the problem with the insurance coverage and V/M Stein MOVED to TABLE this item for one month extending the 44, benefit package for the month of April, SECONDED by C/W Massaro. Mr. Perretti said it should be determined by Council whether there will be a minimum and maximum with these employees on the pay scale or a determination that no employee's salary will exceed the City Manager's salary. He said this gave the City Manager a 0 to 10% edge to give merit increases to employees rather than across-the- board increases. 12 3/26/86 % /pm Mr. Perretti said they are presently going on the old schedule and there are 4 employees over the maximum point of the pay scale. C/M Stelzer asked how many people are involved under this Resolu- tion and Judy Deutsch, Personnel Director, said there are approxi- mately 70 people. C/W Massaro said staff should provide informa- tion to Council concerning how many accumulated days there are in sick and vacation time. Mayor Hart noted that anything that Council wishes will be supplied by the Personnel Director before the next meeting. V/M Stein suggested that a Council Workshop be held to discuss this item at length with staff. Mayor Hart said he will call this Workshop within the next month. VOTE: ALL VOTED AYE 7. Repeal of A o'nt en of Alt nate ou ci C airman - Dis- cussion and possible action on: a) To void the memo issued by Mayor Philip Kravitz appointing Councilman Gottesman to serve as Council Chairman in the absence of the Mayor and Vice Mayor. b) TemR. Reso ,_I4062 -- Rescinding Resolution 85-255, which provided for the appointment of a temporary Chairman of the Council by the Mayor. SYNOPS I F C I N: 10 The memo was voided. Agendized by Consent on Page 4 and APPROVED. RESOLUTION NO. R-86-95 PASSED. a) C/M Stelzer MOVED to void the memo of Mayor Kravitz dated 7/30/85 appointing C/M Gottesman as Council Chairman, SECONDED by V/M Stein. Y-QT—E:ALL V TED AYE b) Mr. Ruf read a eso. #4062 by title. C/M Stelzer MOVED APPROVAL of Temp. Rego- tAO69., SECONDED by. V/M Stein. YQTE: ALL VOTED AYE GENEB&-ADMINI-"TRATIVE/FI.NANCIAL 20. n n er' D art ent - ort - Discussion and possible action on request of City Engineer for authorization to adver- tise for expressions of interest for consulting engineers. MUM-15—OF ANION: The Utilities Director/City Engineer Ws authorized to advertise for cessions of interest for onsulting engineers. Bill Greenwood, Utilities Director/City Engineer, said staff recommends that the City implement the Consultants Competitive Negotiations Act to advertise for City consulting engineers. He said it is his intent to request Council's approval to have two Official City consultants. 13 3/26/86 /pm Mr. Greenwood said the Engineering Department is in receipt of a memo from Alan Ruf, Consulting City Attorney, dated 3/18/86, which indicates that the City presently has two official City s4k that are duly appointed and elected. He said their request is based on readvertising to obtain additional expressions of interest and qualifications from other duly qualified firms. C/M Stelzer asked if the City will have more than the two present consultant firms and Mr. Greenwood said it will be staff's re- commendation to have only two City consultants. V/M Stein MOVED to authorize the City Engineer/Utilities Director to advertise for expressions of interest for consulting engineers, SECONDED by C/M Stelzer. VOTE: ALL YQTED AYE 21. University„Dri;vg Widening - Report by City Engineer on a proposed contract with the County for -utility line relocation, maintenance of landscaping and street lights. SYNOPSIS OF ACTION: Bob Foy, Deputy City Engineer, gave a report referring to his memo of 3/21/86, #C186-120. Tape 3 Bob Foy, Deputy City Engineer, said they submitted a memo to the City Manager on 3/21/86, #C186-120. He reported the following: - the City must relocate and replace many of the utilities on OR University Dr. that do not meet the County's requirements. - the City can either do the work or use the County's contractor to do the work. He noted that if the County's contractor is used, it may not be the low bidder. - the engineering should be done as quickly as possible so that the City can solicit bids independent of the County. - when the County gets their bid, if it does not include the lowest bidder for the utilites, the City has the option of going with a lower bidder with the City doing the work. C/W Massaro said this has always been the responsibility of the County and she questioned whether the City wants to pay for 37-1/2% for widening University Dr. V/M Stein said whether the County widens University Dr. or not the City must replace those utility lines. Mr. Foy said if they widen University Dr. those lines must be replaced. C/M Massaro questioned what would happen if the City decided not to pay any percentage of the cost of University Dr. V/M Stein said the City will have to use University Dr. if the City is going to join the County with the sewer plant. He said the proposal is to go down University Dr. to Riverside Dr. and over. Mr. Foy said that is correct. V/M Stein noted that the Council has been requesting that University Dr. be widened to alleviate the bottle neck and he asked why this was being questioned now. He said the City should not go 44, on record by stating that this is not wanted by the City because they would gladly accommodate the City. V/M Stein asked if this could be included in the overall report of the 201 hookup since the City will probably be ready by the end of April. 14 3/26/86 /pm Mr. Foy said Council has already authorized the Engineering Department to solicit expressions of interest from engineers, a short list was selected and they expect to have a recommendation for the 4/9/86 Council meeting. Shirley Blumfield, resident, asked how far the City has gone with the 201 Program and Mr. Greenwood said the City's Consultant City Attorney has prepared a draft agreement with three large users. He said meetings have been held with them and they have verbally agreed to the intent and provisions of the agreement and the quantity to be leased. He said from one large user there is verbal agreement for 1-1/2 million gallons, from another there is promise of 1 million gallons and from the third, there is commitment of 2 million gallons. Mr. Greenwood said one of the large users have already placed the City on the agenda for the beginning of April. He said the project seems to be proceeding well. 9. Police Pufessional Liability Insurance - Discussion and possible action to accept the recommendation of the Personnel Director to purchase this insurance from the Florida League of Cities for the balance of the fiscal year (tabled from 3/12/86) SYNOPSIS OF ACTION: APPROVED. V/M Stein MOVED APPROVAL of purchasing the Police Protection Liability Insurance from Florida League of Cities for the balance of the fiscal year, SECONDED by C/M Gottesman. C/M Stelzer asked if any other bids were received and Mr. Perretti said no, even though other bids were solicited. VOTE: ALL VOTED AYE 16. Council Chambers - Discussion and possible action regarding the replacement of the dais chairs. SYNOP IS OF ACTION: The City Manager was authorized to seek bids for replacement of these chairs. There should also be a consultation with Miller & Meier regarding this with a report to Council. C/M Gottesman MOVED to authorize the City Manager to seek bids for replacement of these chairs. He said he and other Council members feel these chairs are very uncomfortable. SECONDED by V/M Stein. V/M Stein said since more than $300,000.00 has been spent with Miller & Meier, he suggested the City Manager consult with them and report back to Council. 10 VOTE: ALL VOTED AYE BOARDS AND C MMITTEES 46. Social Servires -- Tamp. R, sow. #4071 - Discussion and possible action regarding appointment of 2 members. SYNOPSIS4F ACTION: Agendized by Consent on Page 2 (See Page 22) APPROVED RESOLUTION NO. 86-108 PASSED. appointing Rita Carness and Dr. John Mattera. 15 3/26/86 /pm C/W Massaro MOVED APROVAL of Temp. Reso. #4071, SECONDED by C/M Gottesman. YQTE: ALL VOTED AYE GENERAL ADMINISTRATIVE/FINANCIAL 42. Payment of Alan Ruf Invoice dated 3/24/86 in the amount of $3,392.50 -- Discussion and possible action. SYNOPSIS OF _ACTION: Agendized by Consent on Page 1 APPROVED. C/M Stelzer MOVED APPROVAL of payment of this invoice, SECONDED by C/M Gottesman. VOTE: A L V TED AYE TAMARAC UTILITIES 43. Wellfield Protection Program - Project_#85-7 - Change Order #1 - Discussion and possible action. SYQPSIS QF_ACTION: Agendized by Consent on Page 1 APPROVED. C/M Stelzer MOVED APPROVAL of Change Order #1, SECONDED by C/W Massaro. VOTE: ALL_VQTED AYE EDITOR'S TE: Change Order #1 involves placing the 6000 gallon fuel storage tank 40-feet east of the existing Water Treatment Plant Pump Station and Motor Control building. This will not cost the City any additional funds. 44. TUW - Sewage Transfer Pumps - Pr 85- - Chanse Order_#1 - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent on Page 2 APPROVED. C/M Stelzer MOVED APPROVAL of Change Order #1, SECONDED by C/W Massaro. TE: ALL VOTED AYE EDITOR'S NOTE: Change Order #1 involves the furnishing and install- ing of a 16--inch Mechanical Joint Gate Valve in the existing Plant Piping system. This will not cost the City any additional funds. GENERAL ADMINISTRATIVE/FINANCIAL 44' 45. Tamarac Pagk Satellite Building - Contract for Canopy - Discussion and possible action. ,SYNOPSIS OF ACTION: Agendized by Consent on Page 2 APPROVED bid of Nick Lang Construction for $3,635.00 to build a porch canopy across the entire front of the Recreation Building. 16 3/26/86 /pm C/M Stelzer MOVED APPROVAL of the bid of Nick Lang Construction for $3,635.00 to build a porch canopy across the entire front of the Recreation Building, SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE 11. Finance Dirpctor Conf rent -- Discussion and possible action to authorize the Finance Director to attend a conference on April 10 and 11 by the Florida State University in Tallahassee regarding the Federal Deficit and Tax Reform. SYNOPSIS OF -ACTION: Authorization was given to the Finance Director to attend this conference at a cost to the City of $285.00 plus meals. C/M Stelzer MOVED to authorize the Finance Director to attend this conference, at a cost to the City of $285.00 plus meals, SECONDED by V/M Stein. VOTE: ALL VOTED AYE 12. 1'te Recrgational Facility - Discussion and possible action on: a) Payment to Elite Drywall - 2/6/86 - $5,200.00 -- Approval recommended by Chief Building Official b) Payment to H. Kresser - Painting Contractor - 3/18/86 - $500.00 - Deposit for premixed paint - Approval recommended by Chief Building Official c) Payment to D. Roberts - Stucco Contractor - 3/17/86 - $4,100.00 - Labor and Materials d) Level Line Tile Company - 3/17/86 - $3,138.00 - Proposal for installation of bathroom tile and window sills - Approval recommended by Chief Building Official e) Approval of a budget adjustment from Appropriated Fund Balance to Capital Equipment of the Parks and Recreation Capital Improvement Fund in the amount of $4,724.00 to purchase furnishings for the new recreation building - Approval recommended by Public Works Director. SYNOPSIO OF ACTION: APPROVED a) through e). a) C/M Stelzer MOVED to APPROVE payment of this invoice, SECONDED by V/M Stein. C/W Massaro asked the Chief Building Official if this is still within the amount of money that was alloted for this project and Mr. Jahn said yes. TE: ALL VOTED AYE so b) C/M Gottesman MOVED to APPROVE payment of this invoice, SECONDED by C/M Stelzer. VOTE: ALL VOTED AYE c) C/M Stelzer MOVED to APPROVE payment of this invoice, SECONDED by C/M Gottesman. VOTE: -ALL VOTED AYE A' 17 3/26/86 /pm d) C/M Stelzer MOVED to APPROVE the proposal for installation of bathroom tile and window sills, SECONDED by V/M Stein. VOTE: ALL VOTED AYE e) C/M Stelzer MOVED APPROVAL of a budget adjustment from Appropriated Fund Balance for Capital Equipment of the Parks and Recreation Capital Improvement Fund in the amount of $4,724.00 to purchase furnishings for the new recreation building as recommended by the Public Works Director. C/M Stelzer asked Mr. Perretti if this was being taken from surplus or a regular budgeted amount and Mr. Perretti said this is being taken from a regular budgeted amount. He said the Appropriated Fund Balance shows that there is $14,142.00 and this is a request to transfer $4,724.00 of that to the Capital Equipment Account, which had no previous allotment. (See Attachment 1) SECONDED by V/M Stein. C/W Massaro asked how Council knows what is being purchased and City Manager Perretti said there is a list of everything. Melanie Reynolds, resident, asked if the amount of $14,142.00 is the remaining amount in the Parks & Recreation Capital Fund and Mr. Perretti said no, that is only one line item. Ms. Reynolds asked if there was a line item for furniture and Mr. Ferretti said that is what this Motion is for because there is not a line item for furniture. C/M Gottesman Absent C/M Stelzer Aye C/W Massaro Absent V/M Stein Aye Mayor Hart Aye 17. Tamarac Utilities New Bond Issue - Selection of Underwriters - Discussion and possible action. SYNOPSIS OF ACTION: Mayor Hart appointed a Committee of V/M Stein, the Finance Director and City Attorney to discuss issues of the underwriters with a report at the 4/9/86 Council meeting. I 1 Frank Etheredge, Finance Director, said the City must move forward on the Utilities West Bonds and select the underwriters to start working to sell the bonds. He said it will take 30 to 60 days to do that and he questioned whether Council wants to use the same underwriters as they chose last time. He said some of the Council members have not been satisfied with the underwriters that were used last time. He said new proposals could be taken from other underwriters but that will take more than 60 days. 9 A V/M Stein said it would cost more to choose other underwriters as well because there would be certain work that would have to be repeated. He said he is not unhappy with the underwriters if a clarification could be made as to what their fees will be. C/W Massaro said she could see no advantage to having two under- writers and there was a charge above what was supposed to have been a maximum amount. 18 3/26/86 /pm C/W Massaro questioned whether the time element would make any difference and Mr. Etheredge said the City is already spending money on some of those bond projects now and this should not continue. C/W Massaro said she felt the underwriters taking the bonds was a mistake because the price on the bonds was not as good as it could have been. V/M Stein said it is known that this is a good time to move forward with the bonds since the market is good. He said he feels the underwriters sold the City's bonds at a fair market value. C/W Massaro said the underwriters held the bonds and V/M Stein said the City wanted a guarantee and that is why the underwriters held them. C/W Massaro said if the City is going to use one underwriter, she would prefer using William R. Hough & Co.. She noted that if the Council determines that the City is not willing to pay more than a certain amount of money, those bonds do not have to be sold unless they can be sold within that amount of money. Mr. Ruf said from the correspondence he has reviewed from the Finance Department and his conversations with the former City Attorney, the City would like to sell these bonds by early summer and the current market is most advantageous. He said if one or the other underwriter or both are not used, this will be set back 30 days or more. Mr. Ruf suggested a Committee be appointed to negotiate with one or with both underwriters and bring a report to Council, even if a Special Council meeting is required. Mayor Hart said he will appoint a Committee consisting of V/M Stein, the Finance Director and City Attorney to discuss the issues concerning the underwriters with a report to Council at the 4/9/86 Council meeting. C/M Gottesman said in view of the lower interest rates now being offered, a new broker might be found that could give a better price. 18. Br9ward Leagug of Cities Business - Discussion and possible action on: a) Report b) Appointment of Voting Delegate and Alternate for the period of April, 1986 through March, 1987. SYNOPSIS OF ACTION: a) V/M Stein gave a report. b) C/M Stelzer was appointed as Voting Delegate and V/M Stein was appointed as Alternate so Voting Delegate. a) V/M Stein reported that the last meeting of the League was held on 3/20/86 and there was discussion concerning possible implementa- tion of additional taxation. He said a few possibilities would be business taxes and increasing the gasoline tax. Tape 4 V/M Stein noted that C/M Stelzer was appointed to the Board of Directors of the Broward League of Cities. 19 3/26/86 /pm b) V/M Stein MOVED to appoint Jack Stelzer as the Voting Delegate. VOTE: ALL VOTED AYE C/M Stelzer MOVED to appoint V/M Stein as the Alternate Voting Delegate. VOTE: ALL VOTED AYE 19. Northwest C unc'1 of Mayors Business - Discussion and possible action. SYNQP5I0 OF ACTION: No report. Mayor Hart noted that there was no report at this time. COMMUNITY DEVELOPMENT 23. Yi1lage Mall (Forget Furniture) - Bond Release -- T m . Reso. #4052 - Discussion and possible action to release a warranty bond in the amount of $1,493.75 posted for public improvements. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-86-98 PASSED. Mr. Ruf read T so 4052 by title. C/M Stelzer MOVED APPROVAL of Tgmp._ Reso._44052, SECONDED by V/M Stein. VOTE: ALL VQTED AYE EDITOR'S NOTE: This approval released Certificate of Deposit #1103434 in the amount of $1,493.75. 24. Piccadilly -Cafeteria - Bond Release -- Temp. Reso. #4053 - Discussion and possible action to release a warranty bond in the amount of $17,190.00 posted for public improve- ments. SYNOPSIS .QF_ ACTION : APPROVED. RESOLUTION NO. R-86-99 PASSED. Mr. Ruf read Temper $eso. #4053 by title. C/M Stelzer MOVED APPROVAL of Temp. Reso. #4053, SECONDED by V/M Stein. VOTE: ALL VOTED AYE EDITOR'S NOTE: This approval released Bond No. 04-0120-17023- 85-8 in the amount of $17,190.00. 25. Paradise Estates -- Lot 6 - Bond Releasg - Temp. Reso. #4054 - Discussion and possible action to release a sod bond in the amount of $600.00 posted to guarantee installation of sod on this homesite to Robert Greenblatt - 8811 Paradise Court. ZYN,OPSIS_ OF ACTION: APPROVED. RESOLUTION NO. R-86-100 PASSED. Mr. Ruf read Temp. Reso. #4054 by title. 1 1 20 3/26/86 /pm -i IF so C/M Stelzer MOVED APPROVAL of Temp. Reso. #4054, SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE 26. Jasmine - Bond Release - Temp. Reso. #4027 - Discussion and possible action regarding outstanding fees and documents to be submitted to the City before releasing a cash bond posted for Building 1 curbs (tabled from 3/12/86) SYNOPSIS OF ACTION: TABLED for receipt of necessary documents. Mr. Ruf read Temp. Reso. #4027 by title. C/M Stelzer noted that the fees in arrears have been paid but there are still documents that must be submitted. C/M Stelzer MOVED to TABLE this item for receipt of these docu- ments, SECONDED by C/W Massaro. VOTE: ALL VOTED AYE 31. Versaillgs Gardgns - Sign Waiver - Temp. Reso. #3995 - Discussion and possible action on a request to renew a sign waiver for a temporary community directional sign on the northwest corner of NW 80 Avenue and McNab Road (tabled from 2/12/86) SYNOPSIS OF ACTION: TABLED for receipt of a permission letter from the property owner. Mr. Ruf read Temp. Reso. #3995 by title. C/M Stelzer noted that the permission letter has still not been received and he MOVED to TABLE this item for receipt of that letter. SECONDED by C/W Massaro. VOTE: ALL VOTED AYE 33. Woodmont Tract 50 - Model Sales Permit -- Discussion and possible action to approve renewal of the model sales permit for a six (6) month period. SYNOPSIS OF ACTION: APPROVED renewal of the permit for 6 months from 3/26/86 and to expire on 9/26/86. C/M Stelzer MOVED APPROVAL of renewal of the model sales permit, SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE Mayor Hart recessed the meeting to 1:30 F.M. for lunch. 21 3/26/86 /pm Mayor Hart called the meeting to order at 1:30 P.M. ROLL CALL: PRESENT: Mayor Bernard Hart Councilwoman Helen Massaro Councilman Jack Stelzer Councilman Arthur H. Gottesman ABSENT AND EXCUSED: Vice Mayor Sydney M. Stein BOARDS AND COMMITTEES 46. o�rviees - Discussion and possible action on: a) Temp. Reso.4071 - Appointment of 2 members b) Acceptance of resignation of Dr. Philip Steinberg SYNOPSIS OF ACTION: a) Agendized by Consent (See Pages 2, 15 & 16). b) Agendized by Consent. (See Pages 2, 15 & 16). b) Mayor Hart requested to Agendize by Consent the acceptance of the resignation of Dr. Philip Steinberg and C/W Massaro so MOVED, SECONDED by C/M Stelzer. VOTE: ALL VOTED AYE 48. Acceptance of Resignation -of s t kv's from Public Information Committee - Discussion and possible action. SYNOPSI,$ OF_ACTION: Agendized by Consent. (See Below). Mayor Hart requested this item be Agendized by Consent and C/M Stelzer so MOVED, SECONDED by C/W Massaro. Yam: ALL VOTED AYE 46. Social „Services - Discussion and possible action on: a) Temp. Reso #4071 - Appointment of 2 members b) Acceptance of resignation of Dr. Philip Steinberg _SYNOPSIS OF ACTION: Agendized by Consent on Page 2 a) APPROVED (See Pages 15 & 16) b) Agendized by Consent on Pages 15 & 16). Resignation was accepted. C/M Stelzer MOVED to ACCEPT the resignation of Dr. Philip Steinberg, SECONDED by C/M Gottesman. VOTE: ALL TED YE 48. Asqceptance of s' nat' n f Joseph Stokvis from Public Information Committee - Discussion and possible action. Y OP IS OF ACTION: Agendized by Consent Above. Resignation was accepted. C/M Stelzer MOVED to ACCEPT the resignation of Mr. Stokvis, SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE 22 3/26/86 /pm �l i r COMMUNITY DEVELOPMENT 41. Tggghouse -- Revised Site Plan - Temp. Reso. 14.049 -- Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent on Page 1 APPROVED with conditions. RESOLUTION NO. R-86-107 PASSED. Mr. Ruf read Temp. Reso, 14049 by title. Bob Jahn, Chief Building Official, said this site plan concerns the addition of patios behind the units themselves. He said they are open screen patios, screen rooms, spa, guardhouse and racquet ball court. He said the present zoning is R-4A and there were 4 items of concern that were sent to the Planning Commission: 1. The color of the guardhouse and the screen enclosures. He noted this is on the plan and has been corrected. 2. No gates are to be added to the guardhouse and no projections. He said that shows on the elevations and there are no gates or projections. 3. Sidewalk Easement - He said no one on staff is familiar with this and he asked this be taken off the Development Order. He said they have provided a Landscape and Site Plan. 4. No easements for the utilities have been received and the interior sewage and water system has been shown on the site plan. He said the Deputy City Engineer's suggestion was that if Council accepts the revised site plan, it be subject to their preparation of easement documents and presenting them to the Engineering Department. C/M Stelzer said the City Attorney was to determine whether that small parcel S-1 or not and he questioned whether this was done. Mr. Jahn said that was brought up at the Planning Commission and he was uncertain whether this determination was made. Mr. Ruf said he was not aware of that request. Mr. Jahn said the Planning Commission had requested that the City Attorney determine if this had to be zoned S-1. He said this rental project was approved and built in approximately 1971. Mr. Ruf said he would guess and say no, because of the work that must go into it. He said this did not come to Council in the normal fashion because there was a question from Bob Foy, Deputy city Engineer, concern- ing drainage retention fees. Mr. Jahn said for what is being added, there would not be a requirement for additional parking. C/w Massaro said the reason for the S-1 zoning was to preserve any open space and reduce the density. She MOVED APPROVAL of Temp. Reso. #4049, subject to them furnishing the easements as required by the City Engineering Department and, in the meantime, a study should be made as to whether or not the sidewalk easement is needed. She said, if so, they are to furnish the sidewalk ease- ment and, if a determination is made that the parcel that is going to be used for the court requires a rezoning, it is to be imple- mented as is usually done before a permit is issued. The Consult- ing City Attorney is to determine whether the S-1 zoning is necessary. 23 3/26/86 /pm C/W Massaro continued her MOTION, that the $70.00 for the Water Retention Agreement be accepted by the City and the balance of the amount previously submitted ($1,930.00) will be refunded to the applicant. SECONDED by C/M Stelzer. Vickie Beech, resident, asked if the S-1 zoning went through the City Charter and C/W Massaro said the court ruled that it was Unconstitutional. V TE: ALL VOTED AYE 27. W odmont Tract 57 - Revised ,Site Plan - Tgmp, Reso. 4029 - Discussion and possible action on a revised site plan reflecting two entrance signs (tabled from 3/12/86) SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-86-101 PASSED. Mr. Ruf read T Reso #4029 by title. Thelma Brown, City Planner, said this has received approval from the Beautification Committee. C/W Massaro MOVED APPROVAL of Temp. Reso #4029, SECONDED by C/M Gottesman. YQ E : ALL TED AYE 28, Jahoyghs W'tn ss K' d all - Revised Site Plan - T o 4055 - Discussion and possible action to approve a revised site plan for installation of a fence and storage shed. SYNQPSI,S QF 4CT ION: TABLED for review by the Beautification Committee. Mr. Ruf read Tgmp. Reso,#4055 by title. Thelma Brown, City Planner, said the zoning on the property is I-1, Master File #39-76 and the location is 9904 NW 77 St.. She said the Planning Commission approved this location for the fence and storage area with the following conditions: 1. that they provide a location map and survey around the fence 2. that they discuss mosquito control 3. that the plan be sent to the Beautification Committee 4. that the vinyl coating on the fence be provided for a treat- ment 5. that they be required to indicate a road going to the storage shed. Ms. Brown noted that this plan has not yet gone to the Beautifica- tion Committee. C/W Massaro MOVED to TABLE this item for review by the Beautifica- tion Committee, SECONDED by C/M Stelzer. TE: ALL VQTED AYE 29. Boulevards section - Revised SitePlan - Te P, Reso. 14_056 - Discussion and possible action to approve a revised site plan for an additional patio area at the clubhouse pool. SYNOPSIS OF ACTIO APPROVED. RESOLUTION NO. R-86-102 PASSED. Mr. Ruf read Temp. Reso #4056 by title. 24 3/26/86 /pm r C/M Stelzer MOVED APPROVAL of Temp. Reso. #4056, SECONDED by C/M Gottesman. VOTE: L-VQTED AYE 30. Woodmont Tract_48 - Revisgd Site Plan -- Temp. Reso. #4057 - Discussion and possible action to approve a revised site plan for additional parking spaces. SYNOPSIS OF ACTION: TABLED for payment of fees in the amount of $19.75 on Invoice #51456. Mr. Ruf read Temp. Reso. #4057 by title. C/W Massaro MOVED to TABLE this item for payment of the fees in the amount of $19.75, SECONDED by C/M Gottesman. VOTE ALL VOTED AYE 34. Kings Point/Clairmont - Discussion and possible action on: a) Final Plat - Temp. Reso 14058 b) Final Site Plan - Development Order - Temp. Reso. #4059 c) Water and Sewer Agreement d) Public Safety Ingress/Egress Easement - Te s #4060 e;),Irrevocable Option Agreement f) Declaration g) Vacation of NW 106 Avenue Right -of -Way by Temp. Reso_ #4061 h) Vacation of NW 103 Avenue Right -of -Way by Temp. Reso. #4046 (located on the north side of NW 71 Place, east of NW 106 Avenue) SYNOPSIS F ACTION: TABLED for questions on fees to be resolved. C/W Massaro asked Marty Riefs, representative of Lennar Homes, if they made a decision concerning the fees due for the traffic signalization and road improvements. Mr. Ruf said Lennar's Attorney, Robert Haber, has advised him that they are objecting to the payment of road improvement and signalization fees on two grounds: first, the City is attempting to impose a fee and the Ordinance is not yet in place and, second, under Stipulation #9, they do not believe they are required to pay such a fee. Mr. Ruf said he told the representatives of Lennar yesterday on the phone that he would not be able to study Stipulation #9 in such a brief time and agree or disagree. He said he had found some language in Stipulation #9 that, perhaps, opened the door for the City to collect these fees from Lennar. 25 3/26/86 /pm C/W Massaro said she found some language in Stipulation #2 that opens the door very wide for the fees to be collected. She MOVED to TABLE this item until this can be resolved. SECONDED by C/M Stelzer. VOTE: ALD_VOTZD _ YF Robert Haber, Attorney for Lennar Homes Inc., asked if the basis upon which these items are being tabled is to consider the application of the temporary Ordinances. He asked if all other issues, other than the application of the two temporary Ord- inances, are resolved. C/W Massaro said no, she had questions on various matters concerning this item but there was no point in discussing them until the other two items are resolved. Mr. Haber said as of this moment, his client was unaware of any Problems other than the application of the temporary Ordinances. He said without waiving any rights that the applicant has with respect to commenting upon the substance of both temporary Ord- inances, it is respectfully submitted, that they are only tempor- ary and do not apply today. He said whether or not Stipulation #9 or any court orders incorporated in that Stipulation apply or not, benefit Lennar or not, is irrelevant. He said it is his opinion that the sole issue is whether or not temporary Ordinances apply today to Lennar's application. Mayor Hart suggested that the City Attorney give Council his opinion on the legality of these Ordinances. 6. Minlands ecti n 6 - Tem R so 4047 - Discussion and Possible action to authorize the appropriate City officials to execute an Assignment of Declaration of Restrictions to Mainlands of Tamarac Lakes Section 6. SYNOPSIS OF ACTION: RESOLUTION NO. R-86-94 PASSED. (See Page 12 for previous discussion). APPROVED as stipulated. Mr. Ruf said he pulled one of the prior agreements and it concern- ed Mainlands Section 7 and there is a paragraph in that assignment that stipulates, "The Assignor and Assignee agree and acknowledge that the City of Tamarac, as Assignor, shall hereafter be fully discharged from any and all obligations, rights and duties created by the Declaration of Restrictions. Said assignment is conveyed and granted without recourse to the Assignor." Mr. Ruf said that is strong language and should be part of the document which is accepted by the Homeowners Association. He said Temp. Reso`#4047 authorizes the appropriate City representa- tives to execute the assignment with the understanding that the assignment would be redrawn by the City Attorney's office and presented only after this language is included in the assignment and accepted by the Assignee. C/W Massaro so MOVED to APPROVE Tem esp. #4047 subject to the new language which Mr. Ruf read into the record. SECONDED by C/M Gottesman. Vickie Beech, resident, asked if, by accepting this particular document, this would relinquish some of the City's rightful duties and C/M Stelzer said no. VOTE: ALL VOTED AYE n 26 3/26/86 /pm COMMUNITY DE OPME T 32.,Dro Talerico - old Plus Plan - Sign Waiver - Temp. Rgso. #4051 - Discussion and possible action on a request for waiver to Chapter 21 of the Code for a sign located on the south elevation entrance to the office at 5465/5463 North State Road 7. PSIS OF ACTION: RESOLUTION NO. R-86-103 PASSED. Title amended on Page 4 APPROVED. Tape 1P C/W Massaro noted that there were articles in the newspaper recently about lawsuits against the Gold Plus Plan by the Medicare and she asked if the City is doing wrong by allowing them to advertise the "Gold Plus Plan" when there are problems like this. C/M Stelzer said these offices are franchises and operate under the International for the right to use the name "Gold Plus Plan". Mr. Ruf said he understands Council's concern but the fact that someone.might have a lawsuit filed against them is not part of the City's Code of Ordinances for consideration. Mr. Ruf read Temp. Reso. #405 by title. C/M Stelzer MOVED APPROVAL of Temp. Reso. #4051, SECONDED by 5 C/M Gottesman. VOTE: ALL VOTED AYE Irving Lopatey, resident, asked the nature of the waiver and Council members said it is for the sign. 35. f 'a Ppdpral Savings& L an Association - Discussion and possible action on: a) Final Site Plan - Development Order - Temp. Reso. #4063 b) Water and Sewer Developers Agreement c) Utility Easement - Temp. es 406 d) Public Safety Ingress/Egress Easement - Temp. Reso, #4065 e) Approval of a site plan for a temporary administrative trailer (located at the north corner of Sabal Palm -Boule- vard East and Rock Island Road) f) Easement and Option Agreement g) Landscape .Plan SYNOPSI5 OF ACTION: RESOLUTION NO. R-86-104 PASSED. APPROVED a) thru e) RESOLUTION NO. R-86-105 PASSED. f) & g) Agendized by RESOLUTION NO. R-86-106 PASSED. Consent on Page 3 and APPROVED. EDITOR"S NOTE: The by Dan Oyler, representative following checks were submitted at the meeting of California Federal: $ 5,590.75 - Water & Sewer Fees 6,870.19 - Future traffic improvements 1,354.40 - Future traffic signalization 3,500.00 - Cash Demolition Bond for commercial trailer 265.00 - First year's maintenance for street light 27 3/26/86 /pm Mr. Oyler said these checks are given to the City with the stipulation that, since the Ordinance has not been adopted as yet, this money will be refunded if the Ordinance is not adopted within the timeframe of 6 months. a) Mr. Ruf read Temp, Reso 4063 by title. C/M Stelzer MOVED APPROVAL of Temp. Reso. #4063, SECONDED by C/W Massaro. VOTE: ALL VOTED AYE g) C/W Massaro noted for the record that the Landscape Plans are included with the other plans and have been approved. Mr. Oyler said there was an area which was deeded over to the Condominium Association. He said on the Landscape Plans, this is shown as landscaped. He said they have met with the Condominium Associa- tion and they have given their approval to put landscaping on their property. C/W Massaro MOVED APPROVAL of the Landscape Plan as submitted including the corner parcel, SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE b) C/M Stelzer MOVED APPROVAL of the Water & Sewer Developers Agree- ment, SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE c) Mr. Ruf read Temps Reso. #4064 by title. C/M Gottesman MOVED APPROVAL of Temp. Reso. #4064 accepting the Utility Easement, SECONDED by C/M Stelzer. 42 VOTE: ALL VOTED AYE d) Mr. Ruf read Temp. Reso #4065 by title. C/W Massaro said there is a potential problem since the property next door to them has a mutual driveway. Mr. Oyler said he met with the Architect and one of the partners in the firm yesterday afternoon concerning this and they are revising their site plans to agree with this alignment. He said Lakes of Carriage Hills had an agreement that ran with the land that provides ingress and egress across the opening to the rear of the property with a 24 foot wide driveway. He said they have agreed there is no problem and they are revising their site plan for resubmittal to indicate this has been resolved. C/W Massaro MOVED APPROVAL of Te eso #4065 accepting the Public Safety Ingress/Egress Easement, SECONDED by C/M'Stelzer. VOTE: ALL VOTED AYE e) Bob Jahn, Chief Building Official, said the present trailer/office that is there will be moved to this new site. C/M Stelzer MOVED APPROVAL of the site plan for a temporary administrative trailer, SECONDED by C/W Massaro. VOTE• ALL VOTED AYE f) C/M Stelzer MOVED APPROVAL of the Easement and Option Agreement, SECONDED by C/W Massaro. VOTE: ALL VOTED AYE 28 3/26/86 /pm 11 REPORTS 38. City Council Reports - Mayor Hart - No report. V/M Stein - Absent. M 5telzer - No report. CZE Massaro reported that a newspaper article noted that Pompano Beach has accepted the percentage to be paid out on ESM. She asked Mr. Ruf if that would close out the account completely and Mr. Ruf said they do not expect that because they are optimistic that they will ultimately do well with this litigation. He asked if this Council has accepted any amounts as yet. Mayor Hart said he was informed by the City Manager and Finance Director that acceptance of the agreement had been approved. Mr. Ruf said that does not preclude the suit against Grant and Bradford. Mayor Hart said he was informed that the first return would be approximately $1,300,000.00, which they feel will take about 4 to 6 months to receive. City Manager Perretti said the money that is being discussed is the money that Trustee, Tom Tew, has been handling and has nothing to do with either Grant or Bradford. C/M_Gottesman - No report. 39. City Manager Report - No report. 40. City Attorney Report - No report. GENERAL ADMINISTRATIVE/FINANCIAL 10. Bus Pagsenger Shelter Construction - Discussion and possible action on a presentation by Trendel, Inc., to construct bus shelters in the City. SYNOPSIS _OF ACTION: Council instructed representatives of Trendel, Inc., to give a presentation to the Beautification Committee. Eric Nadel, President of Trendel Enterprises Development Corp., said his company would provide bus shelters at no cost to the City.. He said they are proposing to provide these shelters to the City on a contract and they would build, maintain, supply insur- ance protecting the City from any liability. Mayor Hart asked if the City would receive a percentage of the advertising money and Mr. Nadel said the City would receive a percentage of the advertising money, which would be negotiated between the City Attorney, Council and him. Mr. Nadel said they are very flexible and the first year they ask for a leeway because it takes a large outlay of capital to construct these units. He said they normally ask for approximate- ly $100.00 to $150.00 per unit for the first year and every year after that the revenue to the City would be increased. C/M Gottesman asked if the contract would include a Hold Harmless clause and Mr. Nadel said yes. He said the contract stipulates that Trendel would carry over one million dollars liability to protect them in case of an accident. 29 3/26/86 /pm C/M Stelzer said he brought the question of bus shelters up to th Beautification Committee several years ago and he questioned how this is viewed now. Florence Bochenek, Chairperson of the Beauti- fication Committee, said this was brought up previously on two occasions before the Beautification Committee. She said both times they were denied completely because they felt the extra revenue was not that important and they did not like the appear- ance of the bus shelters with advertising. C/M Stelzer suggested the Beautification Committee review this thoroughly before Council considers this. C/M Gottesman asked how many bus shelters are contemplated and Mr. Nadel said between 10 and 20 shelters. He said he has learned from the Broward County Mass Transit, Tamarac has requested more shelters than any other City in Broward County. He said it would be much too costly for the City to buy these shelters and the advertising is extremely clean and the City would have total control over the advertising. Mr. Nadel said for the record that Broward County has recently gone out for bid to provide shelters for the entire County because they cannot afford to build and maintain them. He said the upkeep alone per unit is over $1,000.00 per year. Mrs. Bochenek said the Beautification Committee would be glad to review this further. C/W Massaro suggested this be done with pictures shown to the Beautification Committee. She noted that these shelters could be restricted regarding colors and type of advertising and would be an asset to several people in the City It who must use buses. Mrs. Bochenek said the bus schedule has been reduced and it would also be important to determine where these shelters would be located. City Manager Perretti said since July the City has received a number of requests for these shelters; however, it was not brought to Council's attention because of the prohibitive costs of the shelters. He said Sunrise has recently adopted these shelters and he suggested he could determine from them what prohibitions were established. He said there are some areas of Tamarac that already have bus shelters and they are eyesores. Vicki Beech, resident, said the City has been very rigid about beautification standards and this could open the door to an unsightly problem. Irving Lopatey, resident, suggested one million dollars coverage is very low figure for the number of bus shelters proposed. He said he could not agree with selling the City's basic aesthetic principles for $10,000.00. Louis Silverman, resident, said Tamarac has many areas where there are no sidewalks and installing these bus shelters would require encroaching on property the homeowners feel belongs to them. C/M Stelzer MOVED that a presentation concerning the proposed bus shelters be given to the Beautification Committee, SECONDED by C/M Gottesman. 30 3/26/86 /pm Ir r] Mayor Hart suggested that the presentation include pictures and a proposed legal contract as well as an oral review and, afterwards, this can be reviewed by Council. VOTE: ALL VOTED_AYE 36. Center at Woodmont - Discussion and possible action on: a) Final Site Plan - Development Order - Temp. Reso. #4066 b) Water and Sewer Agreement c) Blanket Utility Easement - Temp. Reso, #4067 d) Public Safety Ingress/Egress Easement - Temp. Reso. #4065 e) Flow-Thru Easement -- Temp. so 4069 f) Landscape Plan SYNOPSIS OF ACT1ON: TABLED to resolve problems involved. f) was Agendized by Consent on Page 3. 16 Tape 6 Mr. Ruf, read Temp. Reso. #4066 by title. C/W Massaro asked if all the appropriate fees were paid and the City Planner said no, but the developer is prepared to pay the fees at this time. She referred to the following fees due: $ 25,368.00 - 15.45 ERCs x $1,640.00 750.00 - ERC Review Fee (because more than 10 ERCs) 1,976.67 - Balance of on -site Beautification Fee 10,140.00 -- Future Traffic Needs Fee 24,000.00 - Future Traffic Signalization Fee Ms. Brown said the developer is questioning the last three fees. She said the Beautification Fee can be paid at the time of build- ing permit request if the developer chooses to do so. She said the developer has also indicated that the Future Traffic Needs Fee and the Future Traffic Signalization Fee are being questioned because the signalization fee is -for a signal that they have been trying to have erected that was prepaid at the County level for University Dr. and 78 Ave. Ms. Brown said the developer has been informed that these are contribution fees and that they are due today. She said the developer would like credit on some of the improvements he is doing off -site towards the Future Traffic Needs Fee of $10,140.00. Ms. Brown said the developer has requested that there be a credit given to him on certain fees and requirements on road improve- ments. C/W Massaro asked if .the improvements the developer is willing to make are above and beyond what the County requires and Ms. Brown said yes. Ms. Brown said the City asked that he bring in a contract price on what the extra road improvements were going to cost and to justify whether there needs to be a credit granted. Ms. Brown said this was sent to the City Attorney, Jon Henning, a few weeks ago for review but a legal opinion was not received as to whether credit could be given against a temporary Ordinance. C/W Massaro said she feels it is only fair that the developer be given credit toward the road improvement fee because that is the purpose of it. She asked Mr. Ruf if she was wrong in her theory of what this money is for and Mr. Ruf said the complete area of traffic signalization and traffic impact should be reviewed. 31 3/26/86 /pm i Jr Mr. Ruf said there is no reason why the ultimate Ordinance could not contain the provision for a credit for that type of off -site work. He said the question of whether or not the City will allow off -site improvements as a credit against the fee is a legislative decision. He said this would seem to be an appropriate suggestion and there is precedence for this. C/W Massaro suggested that that particular fee should be paid and as soon as this is addressed and approved by Council, that money would apply to the work that will be done. Manuel Gutierrez, Architect and Developer for this project, said he would not have any objection in bonding the work since they have already bonded certain improvements apart from anything the City has required. He said they are working with 5 acres of land and the total amount of improvements they are adding to their site equals about $100,000.00. He said they cannot afford that and he was trying to determine what the new fee would be. C/W Massaro suggested this be Tabled to the next regular Council meeting to give Council an opportunity to determine whether acceptance of the off -site work can be used against the fee and can be done by Resolution. She said that can be determined but no fees are bondable. Mr. Ruf suggested that this item cannot be resolved in two weeks and there should be a Council Workshop or Special Meeting held within that time to discuss this further. He noted that even if that question were resolved, the Traffic Signalization amount is the largest amount due and the developer will have to accept the City's procedures. He said it should be understood that this is a payment which may, at some point, be adjusted; however, it has been the procedure that these fees are to be paid as a condition preceding discussion of an item. Mr. Gutierrez said he did not have knowledge until today of the fees for Traffic Signalization. Ms. Brown said she was called on these fees and they were given to him; however, his question was, since he cannot have the signal installed at 78 Ave. and Univer- sity Dr., which has already been paid for, why should he have to repay for that. She said the other question was on the future road improvement fees. She said her department sent a letter to the City Attorney to determine whether or not these fees could be credited. She said Mr. Gutierrez did not receive an answer because her department had not received a legal opinion concerning this. She said he was told these fees were part of the require- ment. C/W Massaro said the reason a fee must be paid regardless of the fact that there has been a fee paid for a light at 78 Ave. and University Dr., is because this property will create a greater impact on the area in general. Mr. Gutierrez said he did know about the fees but was not aware of the amount. C/W Massaro MOVED to TABLE this item until the problems are resolved, SECONDED by C/M Stelzer. TE: ALL VOTED AYE q 1-7 32 3/26/86 /pm REPORTS 40..City Attorney RepoCt - Mr. Ruf said the four. Ordinances which were read on first reading on 3/19/86 evening may have had a technical, procedural violation of Florida Statutes at the time of that meeting. He said it is a requirement, in the opinion of his office, that, at the time of first reading, the Council must announce when the second reading will be held. He said because of the fact that there was some discussion concerning tabling for 30 days, that announcement was not made. He said the Florida Statute requires that the meetings be held two weeks apart so that one month tabling was not correct. Mr. -Rid said he researched the Minutes of the prior meetings that ;- conce.:r-n the payment of the fees subject to there being an Ordin- ance -in place in 6 months and the earliest payment was 11/27/85, Which would mean 5/27/86 would be the operative date. He said these are so important that any challenge should be avoided; therefore, his office will make a recommendation within the next few days of a rehearing on first reading setting up definite dates so that the advertising is all set. Mr. Ruf said they will proceed immediately and there will not be a meeting next Wednesday night since the first reading was not proper. Mayor Hart said if it came to a time period where two separate hearings could not be held, the law would allow an emergency procedure to have two public hearings in one night. Mr. Ruf said rather than rule on that at this moment, this could probably be done within the time frame allowed. C/W Massaro questioned the advisability of the 7:00 P.M. Council meetings since the last one had very few public present. Mayor Hart said he has been informed by the younger element of the population of the City that they have no chance to attend Council meetings since they work. He said 7:00 P.M. would be a more sensible time to allow the public time to appear. C/W Massaro noted that the meetings held at 5:05 P.M. were only those required by law. Mayor Hart noted that there was a memo sent around to each Council person's signature and suggestions regarding the Resolution establishing procedures for the Council. He said he would suggest one evening Council meeting per month. He said the Council would meet at 1:00 P.M. on that day and, instead of recessing for lunch, there would be a dinner recess at 5:00 P.M. and the meeting would reconvene at 7:00 P.M. He said he is hopeful that the Council Agenda will be at the point where the meetings could be started at 7:00 P.M. and completed that evening. C/M Stelzer said he has the memo and he will pass it on to all Council members for a Resolution to be drafted for Council's consideration. He said he is doubtful that evening meetings will be successful since they have not been in the past. City Manager Perretti noted for Council's consideration that evening meetings would require staff present at time and a half compensation when a full day's work has been completed. He said the way the present budget is, some additional monies would have to be advanced into at least the City Clerk's office to cope with the night meetings. 33 3/26/86 /pm Mayor Hart noted that within Broward County, only Lauderhill, Hollywood and Tamarac hold their meetings completely in the daytime. He said he has attended several night Council meetings and there is a fair amount of people attending. He said it should be done for a considerable length of time so that people could become familiar with the dates of night meetings. Vickie Beech, resident, said if the key issues were advertised for the public and were scheduled for the night meetings, this might prove successful. Mayor Hart adjourned the meeting at 3:20 P.M. / J»w, � /CITY CLERF/' 4 A/ MAYOR CITY OF TAr4ARAC AP OVER AT MEETING O2-city ria This public document was promulgated at a cost of $185.65 or $18.55 per copy to inform the general public and public officers and employees about recent opinions and considerations by the City,44 Council of the City of Tamarac. 34 3/26/86 /pm ATTACHMENT 1 - 3/26/86 Council Meeting - Item 12 Satellite Recreational Facility Page 1. of 2 MEMO TO: FROM: DATE: SUBJECT REFERENCE: Otq i Uarolocte INTER. OFFICE MEMORANDUM PUBLIC WORKS DEPT. LARRY PERRETTI, CITY MANAGER -)W �j 7?7 z rr; MICHAEL R. COUZZO, JR. , DIRECTOR OF%"0!PtB;-IC<.:W MARCH 11, 1986 FURNISHINGS FOR THE NEW TAMARAC SATELLITE k� RECREATIONAL FACILITY 3 The following represents a list of those items that we submit will be needed initially to furnish the new Tamarac Satellite Recreational,.Facility. ITEMS NEEDED.FROM CENTRAL PURCHASING INCLUDE: 150 Folding Chairs Virco 166 $ 9.20ea $1,380.00 20 Folding Tables Correll F3072P 56.90ea 1,138.00 (30x72) 30 Bridge Tables Samsonite 27.27ea 818.10 (30x30) 4 Table Trucks Vicro TT6 84.40ea 337.60 (Holds 12 tables) 3 Chair Caddies Krueger KV-5- 92.00ea 276.00 (Holds 50 Chairs) 2 Office Desks 241.46ea 482.92 (30x60) 1 Steno Chair Curve Craft NWY 120.00 120.00 1 Jr. Exec Chair Curve Craft NWT 171.12 171.12 $4,723.74 Please note that manufacturers and relating costs are indicated. I would request at this time that arrangements be made for the appropriation of funds to purchase these items as soon as possible to avoid any delays in fully utilizing our new facility. Your attention regarding this matter is appreciated. MRC:AS #109 ATTACHMENT 1 - 3/26/86 Council Meeting - Item 12 - Satellite Recreational Facility Page 2 of 2 DATE: 3/17/86 CIT-Y OF TAMARAC DEPARTMENTAL BUDGET ALLOTMENT REVISIONS FUND: PARKS & RECREATION -CAPITAL y TI' TRANSfER FROM: PREVIOUS T-RANSFER ACCOUNT NUMBER NAME ALLOTMENT BALANCE AMOUNT BALANCE 345-380-001 APPROPRIATED FUND BALANCE 14,142 — 14,142 — 4,724 18,866 2) TRANSFER TO PREVIOUS TRANSFER ACCOUNT NUMBER NAME ALLOTMENT BALANCE AMOUNT BALANC _F 345-761-572-643 I CAPITAL EOUIPMr3U I Q _ 0 $ 4,724 4,724 DEPARTMENT CITY MANAGER REV. 9/sS /pal ti DEPART. HEAD SIGNATURE FINANCE ` (c II DIRECTOR �,tia ti.4L ��11 . u ct 0— CITY COUNCIL