HomeMy WebLinkAbout1985-03-27 - City Commission Regular Meeting Minutesra
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P.O. BOX 25010
TAMARAC, FLORIDA 33320
FIRST CLASS MAIL
CITY OF TAMARAC
CITY COUNCIL
REGULAR COUNCIL MEETING
WEDNESDAY, MARCH 27, 1985
CALL TO ORDER: 9:00 A.M.
ANNOUNCEMENTS OF TIME ALLOCATIONS - MOTIONS TO TABLE -- The Chaii
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,
AWARDS AND PRESENTATIONS
1. Employee Service Awards - Presentation by City Manager
Johnson of five-year pins to ED HECK, Utilities West, and
STEVE TAYLOR, Fire Department, and a ten-year pin to
RICK WESSEL, Fire Department.
2. Presentation by - Senator Peter M. Weinstein, Representa-
tive Peter R. Deutsch and Representative Joe Titone.
(This item is scheduled to be approximately 9:15 a.m.).
3. Board of Social Services - Presentation by Mayor Kravitz
and Chairperson Helen Sobel of awards to the volunteers on
this committee.
BOARDS AND COMMITTEES
4.
Charter Review Committee - Temp. Ord. #1181 -.Discussion
'and possible action to repeal
Section 2--41 of
the Code
(Ordinance 84-65) which created
this committee. First Read-
ing.
5.
Investment Advisory Committee
- Temp. Ord. #1178 - Discus-
sion and possible action to create
Section 2--44
of the Code
establishing this committee.
First Reading.
6.
Social Services - Discussion
and possible action
on a re-
quest from the Chairperson that the City apply
for County
funds towards the purchase of
a new van with a
lift.
7.
Announcement of expiration of
the terms of office
for posi-
tions on the following boards
and committees:
Expiring
Board of Consumer Affairs
12 Positions
4/14/85
Planning Commission
5 Positions
4/15/85
Beautification Committee
8 Positions
5/11/85
Public Information Committee
13 Positions
5/11/85
City Photographer
1 Position
5/11/85
Board of Social Services
11 Positions
5/11/85
Recreation Board
14 Positions
5/11/85
Fishing Commissioner
2 Positions
5/11/85
Parks Commissioner
1 Position
5/11/85
3/Z//6D pg Z
in presented
a Ed Heck ofUW
teve Taylor &
ick Wessel not
resent.
/27/85 pg 3
resentations
iven.
Z//b5 Pg -J,4
ards presentee
/27/85 pg 15
PPROVED lst
ead.
3/27/85 pg 15
APPROVED lst
read.
3/27/85 pg 15
C/M author, to
apply.
/27/85 pg 16
nnouncement
ade by Mayor
ravitz.
Welcoming Committee
Burglar Alarm Committee
Veterans Affairs Committee
Commissioner of Human
Relations
Law Advisory Committee
Investment Advisory Committee
PAGE TWO
3/,27/85
5
E:Cirin
11/85
10
Positions
If anyone is interested in serving on any of the above
committees or boards, please contact the City Clerk's
office for an application. If existing board and com-
mittee members desire to be considered for reappointment,
please indicate this by memo to the Mayor's office; how-
ever, members will continue to serve until appointments
are made by Council.
CONSENT AGENDA
8. Items listed under Item #8, Consent Agenda, are viewed to
be routine and the recommendation will be enacted by one
motion in the form listed below. If discussion is desired,
then the item(s) will be removed from the Consent Agenda
and will be considered separately.
a) Minutes of 2/13/85 - Regular Meeting - Approval
recommended by City Clerk.
b) Minutes of 2/22/85 -- Special Meeting Approval
recommended by City Clerk.
c) Alan F. Ruf - Consulting City Attorney - 3/20/85 -
$1,467.00 -- Approval recommended by City Attorney.
d) Shailer, Purdy & Jolly Counsel for contraband for-
feitures - Services for February, 1985 -- $957.28 -
Approval recommended by City Attorney.
e) James M. Montgomery, Consulting Engineers, Inc.
Services in connection with a rate study for TUW -
12/30/84 to 1/26/85 -- $6,580.00 - Approval recom-
mended by. Utilities Director/City Engineer.
f) Moody & Jones - Counsel for Charter Board -- Services
for February, 1985 - $645.00 - Approval recommended
by Charter Board.
g) Cody & Associates, Inc. - Management Efficiency Study-
3/6/85 - $3,500.00 - Approval recommended by City
Manager and Personnel Director.
h) Kruse, O'Connor and Ling, Inc. - Services in connec-
tion with Employee Pension Plan - 2/20/85 - $5,656.00
Approval recommended by Finance Department.
i) Williams, Hatfield & Stoner, Inc. - Consulting Engi-
neer - 12/20/84 - $760.75 - Project 2207-0, State-
ment 1 - Approval recommended by Utilities Director/
City Engineer.
j) Tamarac Parks Recreation Water Distribution and Hy-
drant Material - After soliciting bids, and with no
bids being received, authorization for staff to nego-
tiate with vendors to furnish this material.
k) Parks and Recreation Department - Approval to go to
bid for equipment to be used in conjunction with.ex
isting mowing equipment in order to collect leaves
and clippings in the medians.
i
.J/Zi/bD pg ib
17. APPROVED
a) thru d) &
f) & h) thru
m) . e) RE-
MOVED & TABLE'.
to 4/10/85
for further
review.g) RE-
MOVED & TABLE]
to 4/10/85 fo:
further revie,
+/10/85 e)pg 6,7
,,EMOVED & TABLED
Ear rpt from Jame
gontgomery. i)
IEMOVED & TABLED
Ear rpt from Cody
& Assoc.
i
PAGE THREE
3/27/85
1.) Request for traffic light at Colony West Country
Club crossing on NW 88 Avenue - Approval to re-
move this item from the agenda until a future
date.
m.) Temp. Reso. #3567 regarding the construction of
I-595 at Nob Hill Road - Approval to remove this
item from the agenda.
GENERAL ADMINISTRATIVE/FINANCIAL
9. University Drive Widening Project -- Status report by
Mitchell Ceasar. (This item is scheduled to be
heard approximately 9:30 a.m.)
10. Broward Day in Tallahassee - Discussion and possible
action on recommendations by the City Manager regard-
ing City representation at this event.
11. Florida League of Cities - Coordination of Legislative
Policy Positions - Temp. Reso. #3571 - Discussion and
possible action prohibiting the use of City funds for
professional and special interest organizations not
compatible with the policies of the Florida League of
Cities.
12. Broward League of Cities Business - Discussion and
possible action on:
a) Selection of City's voting delegate and alternate
b) Reports.
TAMARAC UTILITIES EAST
13. Tamarac Lakes Collection System - Project 84-5 - Dis-
cussion and possible action on:
a) Approval of an Addendum to an Agreement with
Williams, Hatfield and Stoner, Inc., for this pro-
ject as required by Florida Department of Environ-
mental Regulation.
b) Authorization to advertise for a public hearing
on a proposed revision to the existing rates for
users east of State Road 7.
TAMARAC UTILITIES WEST
14. Bid Award - Temp. Reso. #3569 - Discussion and possiblE
action to award a bid to furnish 1,000 feet of armored
television camera cable.
15. Bid Award -- Temp. Reso. #3568 Discussion and possiblE
action to award a bid for a small diameter closed cir-
cuit television inspection system. 2
16. Bid Award - Temp. Reso. #3574 - Discussion and possiblE
action to award a bid for a communications system for
the TUW West office building - Project 84-17.
PUBLIC HEARINGS'-- 2:00 P.M.
17. Emergency Expenditures -- Temp. Ord. #11.68 -- Discussion
and possible action to establish guidelines and pro-
cedures for emergency expenditures by the City Manager
pursuant to Section 7.12 of the Charter. Second Read-
ing.
3/27/85 pg 4
Rpt given by
Mr. Ceasar
3 7 pg 18
No City Of£ic.
will represent
Tamarac
3/27/85 pg 23
TABLED for
further review
3/27/85 pg 23,
24.a)Mayor
Kravitz appt:ed
as voting del t
gate, V/ii alter,
b)Mayor Kravit
author.to writ
ltr.
3/27/85 pg -
26.a)APPROVED
b)Author.adv.
for pub.hearin
for 4/10/85
at 2:00.
_J/L//Z5D pg Zo
APPROVED to
Interstate
Equip.Sales fo
$2,850.00
3 27 5 pg 2-7
APPROVED to
vanti Intern'1
for $14,726.
.5/Z//oD pg
37.APPROVED
3/27/85 pg 18,
19. APPROVED
2nd reading
PAGE FOL
18. University Community3/27/85
Hospital, Thomas Barb, Administrator -
Rezoning Petition #4--Z-85 -- Temp. Ord. #1172 - Discussion
and possible action to rezone lands northwest of University
Community Hospital from R-3 (Low Density Multiple Residen-
tial) to B-6 (Planned Business) to construct a medical
office building and a Senior Citizen Assistance Center.
Second Reading.
a) Acceptance of Affidavit of Publication and Affidavit of
Posting.
b) Consideration of application.
19. Berndall, Inc. - Rezoning Petition #5-Z-85 - Tem . Ord.
#1173 - Discussion and possible action to rezone lands at
the northwest corner of McNab Road and NW 80 Avenue from
B-6 (Business District) to B-1(Neighborhood Business Dis-
trict). Second Reading.
a) Acceptance of Affidavit of Publication and Affidavit of
Posting.
b) Consideration of application.
20. Gelato Classico, Tnc. - Special Exception Petition #7-Z-85
Temp. Reso. #3575 - Discussion and possible action to grant
a special exception to allow a restaurant to be known as
Cafe Gelato Classico in Family Mart Shopping Center at
71,10 N. University Drive, which is zoned B--2 (Planned Busi-
ness).
21. Gelato Classico, Inc. - Special Exception Petition #8-Z--85
Temp. Reso. #3576 - Discussion and possible action to grant
a special exception to permit on -premises consumption of
beer and wine at the Cafe Gelato Classico in Family Mart
Shopping Center at 7110 N. University Drive, which is zoned
B-2 (Planned Business).
LEGAL AFFAIRS
22. Burglar Alarms - Temp. Ord. #1166 - Discussion and possible
action to regulate burglar alarm users and burglar alarm
devices under Chapter 14 of the Code. First Reading.
(tabled from 3/13/85)
W
3/27/85 pg 19,
20. a)ACCEPTEI
b)TABLED for
recpt of
necessary
documents
.3/zi/uD pg ZU,
21. a) ACCEPTS
b)TABLED to
Reconvened
mtg 4/4/85•
4/4/85 TABLED
to 4/10/85.
4/10/85 pg 1,14
a.)A_PFRVD 2nd Rea(
b)Agen.by cons
APPRVD_ sub,j to
execution.
3/27/85 pg 21,22
�PPROVD w/cond.
- 3 27/ 5 pg 22
APPROVED w/hrs
stip.in Code
and that lic-
ense is not
transferable
without Counci
approval.
23. S. Frances Krasnoff - Special Exce tion Petition #6--Z-85 -
Temp. Reso. #3549 -- Discussion and possible action on a re-
quest for special exception to permit a laundromat in Bay 3
of Building C at Lakeside Plaza, 5429 N. State Road 7, which
is zoned B-2 (Planned Business) (Public Hearing held
3/13/85).
24. Zoning Regulations - Temp. Ord. #1163 - Discussion and pos-
sible action to create Article XVIII in Chapter 28 of the
Code to establish a B-7 Business/Hotel District. Second
Reading. (Public Hearing held 3/13/85)
25. Regional Transportation Improvement Fee - Tem Ord. #1049 --
Discussion and possible action to amend Chapter 23 of the
Code to establish a Street and Traffic Signalization Tmpact
Fee based on dwelling units planned in excess allowed by
current zoning. Second Reading (Public Hearing held 6/22/83
3/27/85 pg 6
TABLED for
revis.of Ord.
/ci/OD pg y
0. APPROVED
/27/85 pg 10
ENIED 2nd
read.
,/27/85 pg 27,
8.DENIED
nd read.
.n interinS
rpt.was
1e
26. City Council Meal Expense Reimbursement - Temp. Reso. #3566 /27/85 pg28
Discussion and possible action to abolish reimbursement to APPROVED
Council members for meal expenses during lengthy Council
meetings (tabled from 3/20/85).
PAGE
FIVE
3/27(85
27.
Land Section 7 - Settlement of Sludge Farm Condemnation
Suit - Temp. Reso. #3512 - Status report by City Attorney.
Discussion and possible action.
OTAB 5 pg 29-31
TABLED to 4/4
Reconv.mtg.
4/4/85 1 2
pg•
28.
Land Section 7 - Status report on ordinance establishing lb)Agen.byCons.
development and use standards for industrial (M-1 and M-2)
and office park zoning districts. Discussion and possible
action.
TABLED to future.i
Location remain.,
pg .,
29.C/A was instr.
f1p 29.
Tracts 37 and 42 - Temp. Reso. #3577 - Discussionto
and pos-
Bible action to approve a Stipulation and Agreed Order re-
garding settlement of certain development fees.
pord. to
submitt to P1. Comm.
3/27/85 pg 34
TABLED for furth.
30.
Public Soliciting - Temp. Ord. #1182 - Discussion and pos-
sible action to repeal Chapter 22 of the Code and create a
new Chapter 22 entitled "Public Selling, Hawking, Soliciting,
Peddling and Canvassing on Public Roadways and Thorough-
fares". First Reading.
3/27/85 pg 31-33
APPROVED -1st real
31.
ESM Government Securities, Inc. - Status report by Morris
Brown, a member of Morgan, Lewis and Bockius, special
counsel to the City.
3/27/85 pg 10-
13. Status rpt
given.
....-
32.
33.
Special Exceptions for 4-Story Buildings - Temp. Ord. #1179-34.TABLED
Discussion and possible action to repeal Section 28-86.1 of
the Code (Ordinance 84-60) which allowed 4-story structures
in an R-4A zoning district by special exception (public 4/1/85
hearing will be held Monday, April 1, 1985, at 5:05 P.M.)
Administrative Reduction to Setbacks - Temp.Ord. #1180 -
Discussion and possible action to repeal Section 28-194.1
of the Code (Ordinance 84-72) which allowed this procedure 4/1/85
(public hearing will be held Monday, April 1, 1985, at ist
5:05 P.M.)
3/27/85 pg 33,,
to
4/1/85 at 5:Of
public hearing
pg 1,2.
PPRYR, s_t4 -ad.
TABLED to 4/1
o
at 5:05_
pg 2 APP.R�
read.
COMMUNITY DEVELOPMENT
34. Island Club Apartments - Temp. Reso. #3583 - Discussion and
possible action on a request for temporary waiver of the
platting requirements in order to install a temporary fence
around the construction compound.
/27/85 pg14 TAB1
t req.of applic.
o recoay.4/4/i�)
/4/85 pg 4,TABLE'
o 4/24 mtg.
/24/85 pg27,28
ABHD to 5/8 at
pp xc.. req.
35. Laird's Hardware Store (Tamarac Town Square) - Sign Waiver - 3/27/85 pg 14
Temp. Reso. #3584 - Discussion and possible action to waive APPRVD.
the provisions of the sign ordinance to allow two additional
signs.
3/27/85 pg 35.
36. Lakeside Plaza - Warranty Bond - Temp. Reso. #3542 -- Dis- APPRVD releas
cussion and possible action regarding disposition of a war- of warr.bond.
ranty bond posted for public improvements (tabled from
3/13/85).
3/27/85 pg 35
37. For et Buildin - Bond Release - Temp. Reso. #3578 - Dis- APPRVD. releas
cussion and possible action to release two performance of 2 Cert. of
bonds posted for public improvements subject to receipt of Depoosit.
one-year warranty bonds.
/27/85 pg 35,
38. Kings Point Recreation Complex - Performance Bonds - Temp. 36. APPROVED.
Reso. #3579 - Discussion and possible action to call per-
formance bonds posted for paving/drainage, landscaping and
sidewalks/curbing.
/27/85 pg 36
39. Ashmont - Bond Release - Tem . Reso. #3580 - Discussion and PRVD.release
possible action to release a bond posted to guarantee in-- 3f cash perf.
stallation of beautification. and for $2.0
PAGE SIX
3/27/85
40. Tamarac Town Square - Bond Release - Temp. Reso. #3581 - 3 27/85 pg 36
Discussion and possible action to release two bonds posted APPRVD.release
to guarantee installation of irrigation and beautification. of cash bond b:
Pebb Ind. and
41. Lakes of Carriage Hills - Bond Release - Temp. Reso. #3582 erre Neuve.
Discussion and possible action to release two bonds posted 3/27/85 pg 36
to guarantee installation of irrigation and certain en- APPROVED
gineering items.
REPORTS
42. City Council 3/27/85 pg 36
43. City Manager
44. City Attorney
City Council may consider and act upon such other business as
may come before it.
Pursuant to Chapter 286.0105, Florida Statutes, if a person de-
cides to appeal any decision made by the City Council will re-
spect to any matter considered at such meeting or hearing, he
may need to ensure that a verbatim record of the proceedings
is made which record includes the testimony and evidence upon
which the appeal is based.
CITY OF TAMA.RAC
Carol E. Barbuto
Assistant City Clerk
Following are the residential and commercial zoning districts in the City:
R-1 -
Single Family Residence
B-2 -
Planned Community Business
R-IB &
B-3 -
General Business
R-IC -
One -Family Dwelling
B-5 -
Limited Business District
R-2 -
Two -Family Dwelling
B-6 -
Business District
RD-7 -
Two -Family Dwelling
S-1 -
Open Space/Recreational
R-3U -
Row House
I-1 -
Institutional
R-3
- Low Density Multiple Dwelling
M-1 -
Light Industrial
RM-5
- Residential Multi -Family
M-2 -
Medium Industrial
Dwelling
A-1 -
Limited Agricultural
RM-10
- Planned Apartment
A-5 -
Agricultural/Excavation
R-4A
- Planned Apartment
T-1 -
Trailer Park District
R-5
- Motel/Hotel
B-1
- Neighborhood Business
NOTICE OF SPECIAL. AND WORKSHOP MEETINGS
10:00 a.m. - 4/l/85 - Joint Workshop - City Council/Charter Boarc
5:05 p.m. - 4/1/85 - Special Meeting - City Council
11:00 a.m. - 4/4/85 - Special Meeting -- City Council
3/27/85 pg 37
3/27/85 37
F-�
PAGE SEVEN
3/27/85
GENERAL ADMINISTRATIVE/FINANCIAL
45. Acting City Manager - Temp. Reso. #3586 - Discussion and
possible action. (Agendized by consent
46. George Feld - First Payment for Tamarac Park Satellite
Building - Discussion and possible action. Agendized by
consent
47. Burglar Alarms - Discussion and possible action on:
a Discontinuance of monitoring in Police Department
b) Hearing date to discontinue WHOA Board in Police
Department.
(Agendized by consent)
1
TAMARAC UTILITIES EAST
48. TUE - Ordinance Regarding Revenue Generation Requirement.
in Connection with Grants - Tem .Or 3 - Discussion
and possib e action. (Agendized by consent)
49. Ca orella Park - Relocation of Portion of Walk Path -
Discussion and possible action. (Agendized by consent)
50. 2 TUW Vehicles -- Revised Bid - Discussion and possible
action. Agen ized by consent)
f�
3/27/85 pg 1,8
APPRVD as rev.
3/25/85 apptin
Larry Perretti
Pers.Dir.as
Actin C/M
pg
8,9.APPRVD.for
$12,994.90 chg
to Acct.344-
761-572-650.
Rpt.given to
Charter Bd.&
should be give
to Council.
37 7 5 pg 1,
4,5,6.
a)Monitoring
will stop a/ s&
board is back
to way it was
bef.monitoring
Notices to be
sent to those
who sent Hold
Harmless Agree
b)Board to be
removed with
90-day notice
to users and
installers.
3/27785 pg 2,
14,15.APPRVD
lst read.
3/27/85 pg 2,
6,7,8. C/A
auth.to have
offic.execute
agree. with
Crow -Childress
Donner & meet
w/ developers
to wk out othe
stipulations.
5 pg ,
From 2/13/85 C
mt.consent Age.
n)TUW-Author.
to purchase 1
ump truck in
amt.not to exc
$18,898.93
amend.to$19,
898.93. o)TUW
.uth.to punch.
cab & chassis
or jet rodder
n amt.not to
xc.$14,259.77
.mend. to $15,
259.77.
CITY OF TAMARAC, FLORIDA
REGULAR CITY COUNCIL MEETING
March 27, 1985
Tape 1 : Mayor Kravitz called the meeting to order on
Wednesday, March 27, 1985, at 9:00 A.M.in the Council Chambers.
Mayor Philip B. Kravitz
Vice Mayor Helen Massaro
Councilman Arthur H. Gottesman
Councilman Raymond J. Munitz
Councilman Sydney M. Stein
ALSO PBNST:
Elly F. Johnson, City Manager
Jon M. Henning, City Attorney
Carol E.Barbuto,Assistant City Clerk
Patricia Marcurio, Secretary
XBDIXATION- AND_ PLEDGE OF ALLEGIANCE: Mayor Kravitz called for a
Moment of Silent Meditation followed by the Pledge of
Allegiance.
45. Aptins !City Manager - Temp. Rego. #3586 -- Discussion and
possible action.
SYNDP$I.S-Q' ACTION: Agendized by Consent.
(See Page 8).
City Manager Johnson said he has a Resolution regarding
appointment of an Acting City Manager in his absence.
V/M Massaro MOVED to Agendize this item by Consent, SECONDED by
C/M Gottesman.
YD.T.N : ALL VOTED AYE
46. George Feld - First Payment for Tamarac pare Satellite
Building - Discussion and possible action.
SYNOPSIS OF ACTION: Agendized by Consent.
(See Pages 8 & 9).
V/M Massaro MOVED to Agendize by Consent the first payment for
George Feld, the contractor for the Recreation Building,
SECONDED by C/M Stein.
47. Bgrglar Alams. - Discussion and possible action on:
a) Discontinuance of monitoring in Police Department
b) Hearing date to discontinue WHOA Board in Police Depart-
ment.
,b9YNQF_qT,S OF_ ACTION: Agendized by Consent.
(See Pages 4, 5 & 6).
V/M Massaro MOVED to Agendize by Consent this item, SECONDED by
C/M Gottesman.
1
3/27/85
/Pm
1. Employee Service Awards - Presentation by City Manager
Johnson of five-year pins to Ed Heck, Utilities West, and
Steve Taylor, Fire Department, and a ten-year pin to
Rick Wessel, Fire Department.
SYNOPS1,9_ OF_ ACTION: Pins
were presented and Steve Taylor
and Rick Wessel of the Fire Department
were not present to receive their pins.
City Manager Johnson presented a five-year pin to Ed Heck of
Utilities West. Steve Taylor and Rick Wessel of the Fire
Department were not present to receive their pins.
Discussion• possible action.
SYNOPSIS OF ACTION: Agendized by Consent.
(See Pages 14 & 15).
Mr. Henning said there was a memo issued by Steve Wood, Finance
Director, in the Pre -Agenda packet regarding a fund that must
be established for Tamarac Utilities East in conformance with
Administrative Code and he suggested Temp. Qrd. 11183 be
Agendized by Consent for first reading. He said this Ordinance
would create a new Section in Chapter 27 regarding water and
sewer to establish a special fund in conformance with Florida
Administrative Code for compliance with the grants and would be
for Tamarac East only.
C/M Stein so MOVED, SECONDED by V/M Massaro.
00.0 ._ i. .. i 0�.
49. - Relocation- of - Portia of_ Walk Ps:Lh -
Discussion and possible action.
SYNOPSIS_OE_ACTION: Agendized by Consent.
(See Pages 6, 7 & 8).
Mr. Henning suggested Agendizing by Consent discussion and
possible action concerning Caporella Park, relocation of a
portion of the walk path.
V/M Massaro so MOVED, SECONDED by C/M Munitz.
50. 2._TUW Vehicles - Revises]_ Bid - Discussion and possible
action.
SYNOPS�,9 OF ACTION: Agendized by Consent.
(See Page 9).
City Manager Johnson requested this item be Agendized by Con-
sent and V/M Massaro so MOVED, SECONDED by C/M Gottesman.
2
3/27/85
/pm
2. Present son by -- Senator Peter M. Weinstein, Representa-
tive Peter R. Deutsch and Representative Joe Titone.
,SYNOPSIS -OF -ACTION: Presentations
were given.
Mayor Kravitz noted that Representative Titone sent a message
that he had to be in court this morning and could not be pre-
sent.
Senator Peter M. Weinstein and Representative Peter R. Deutsch
reported on some of the legislative issues that will affect the
City of Tamarac in the next session:
A Bill dealing with Community Right -to -Know concerning a
number of hazardous waste sites in Florida requiring the
owner of the property to notify the people.
Legislation to require cities to verify that the applicant
has a State license before issuing a local license.
Legislation concerning taxes on telecommunications. One of
the proposals is that the utility tax should be imposed on
the long distance portion of the bill.
- Legislation for elimination of joint and civil liability.
- Legislation proposing to eliminate damages in Anti -Trust
action protecting cities from major liability suits.
- Legislation creating a State-wide Building Code.
- Legislation concerning health care cost -containment issues.
- Legislation for growth management and funding for the
interest structure of roads, schools and utilities.
- Legislation concerning criminal justice - toughening sen-
tences and providing additional jails when necessary.
- Legislation for consumers requiring tour operators to post
bonds guaranteeing funds for trips ordered.
- Residents were invited to attend the Legislative meetings
in Tallahassee.
Sam Israel, resident, asked what is being done by the
legislators concerning the mental, health and related problems.
Senator Weinstein said this is very important and on the list
of delegation goals that has been established this year, were
more social services, mental health services and a complete
evaluation of HRS. Representative Deutsch said there is a
problem in the funding formula since Broward County, as an HRS
district, does not get a fair share of the State's resources.
He said social services are not as good as they should be but
they are trying to improve.
3. Board of Social Services - Presentation by Mayor Kravitz
and Chairperson Helen Sobel of awards to the volunteers on
this committee.
SYNQ1!,SI,9_ JOY ACTION: Awards
were presented.
Mayor Kravitz and Helen Sobel, Chairperson of the Board of
Social Services, presented awards to the following volunteers
of this committee:
Drivers
Murray Averack
Nelson Davies
Al Del Veccio
Irving Fischer
Florence Franzman
Jack Galet
Norman Grad
Herman Belinky
Ben Deitchman
Melvin Eliasberg
Adolph Fonf a
Betty Fuerst
Henry Gottlieb
Armand Gruenfeld
3
3/27/85
/pm
Drivers -- Cont' d.
Max Herfield
Jerry Jacobs
Stanley Landau
Ethel Sienkiewicz
Manny Slade
Mike Wilson
Sam Isaacson
Sol Karp
Herman Novy
Hyman Sklar
Louis Solomon
- • ti•� .� ••. •��- -�_.w•
Beatres Lindenman -,Meals on Wheels It
Office
Jean Brown Betty Drucker
Louis Kaplan Rae Nierman
Molly Pollack Mollie Scher
Tape 2 Lillian Silverman Jennie Sribnick
Shirley Strasler
Mayor Kravitz commended Helen Sobel for her tireless work as
Chairperson of this Board.
9. University Drive Widening Px_ojQct - Status report by
Mitchell Ceasar.
SYNOP IAS_OY ACTION: Mr. Ceasar
gave a report.
Mitchell Ceasar, Grants. Consultant,. reported:
the County approved taking money from Tamarac for projects
in Tamarac.
- Design Phase will cost between $250,000 and $275,000.
-- No matching funds were required by the County or DOT.
County will do the design work and Commissioner Craft was
appointed to the negotiating team.
Tamarac may empower the City Engineer to attend these
meetings and give input to the committee on design phase
(or someone designated by Council).
-- Approximately $850,000 was designated for 1987/88 to be
used for resurfacing University Dr. They are working to
get them to commit that money to the widening of University
Dr. instead.
-- they want to assure the money stays there and stop a one-
year delay, if possible.
- Governor has appointed a State --wide MPO and Commissioner
Craft is a member, Mitch Ceasar has been invited to attend
the next meeting.
- Council is to receive a copy of the commitment of the
design money for this project.
- Council will receive a copy of the bid procedure as well as
the ads and Mr. Ceasar will find out what is necessary to
get a Tamarac representative on that Committee.
47. Burglax arms - Discussion and possible action on:
a) Discontinuance of monitoring in Police Department
b) Hearing date to discontinue WHOA Board in Police Depart-
ment.
SYNOD ,IS QF ANION: Agendized by Consent.
(See Page 1).
a) Monitoring will be stopped as
soon as the board is back the way
it was before the monitoring.
4
3/27/85
/Pm /.
SYNOPSIS OF ACTION: Cont'd.
a) Notices are to be sent to the
people who have sent Hold Harmless
Agreements that this is no longer
being monitored.
b) The board is to be removed with a
90-day notice to users as well as
installers.
a) V/M Massaro said she was disturbed to discover that not enough
people have signed Hold Harmless Agreements with the City and,
therefore, the City is required to respond to all false alarms.
She said since less than half of the people involved have
signed Hold Harmless Agreements, this is costing the City
$840.00 per week. She said she would suggest that the system
be put back to where it was before the monitoring began. She
said the Police Department records indicated that from a total
of approximately 90, there were only 19 cancelled. She said
the police have indicated that this system is not working and
there is not a fair showing. She noted that the $840.00 figure
is a minimum cost to the City per day and this should be stop-
ped immediately. She said Lt. Stuurmans verified that the same
company who changed the system would put it back with no cost
to the City.
C/M Stein asked if the system should not be removed from the
Police Department completely and V/M Massaro MOVED that the
monitoring in the Police Department be stopped as soon as it is
put back the same way it was before monitoring began.
SECONDED by C/M Stein.
Mr. Henning noted that appropriate notice should be given to
those people who sent Hold Harmless Agreements to the City and
V/M Massaro included in her MOTION that appropriate notice be
sent to those people.
Sid Workman, resident, asked why the Police Chief was not
present and Mayor Kravitz said Police Chief McIntosh was not
available but the City Manager would answer any questions.
City Manager Johnson said he has voiced his opposition to the
monitoring, however, the Council instructed him to proceed with
the monitoring. He said both he and Chief McIntosh are in
concurrence that it not be kept in the. Police Department but
placed with a private concern.
C/M Munitz requested Al Robbins, Burglar Alarm Chairman, give
his views and Mr. Robbins said the Burglar Alarm Committee had
no part in the decision to have the Police Department monitor
the alarms for a 90-day period. V/M Massaro said .according to
the letters she has reviewed, it was C/M Bernstein's suggestion
that this 90-day test be initiated. C/M Stein said there was a
delegation present from Woodlands who requested this 90--day
test and Council agreed.
VOTE: ALL VOTED AYE
b) V/M Massaro said she requested that when the new City Hall is
built, the board should be placed in a private service company.
She said the service company has indicated that they will
service these various burglar alarm users for $5.00 per month.
5
3/27/85
/pm
V/M Massaro MOVED a 30-day time period to allow removal of this
board and C/M Stein and Mr. Henning suggested a 90-day time
period would be more reasonable and she accepted this time
period in her MOTION. She said the $50.00 User Fee should
remain until a review is made around September or October and
the present Ordinance will stay in effect. She said the Notice
sent to the people will be subject to the City Attorney's
review. SECONDED by C/M Stein.
Tape 3 Al Robbins suggested the date be delayed because when the.board
is removed it must go onto boards of private companies. He
said it is the intention of the Burglar Alarm Committee, should
the vote be taken to remove the board, to contact a number of
installers that are presently working in Tamarac. City Manager
Johnson said the Burglar Alarm Committee would be putting
themselves in a bad situation if they solicit prices from a
private enterprise. He said 90-days is a reasonable time
period. V/M Massaro said it is not up to the Burglar Alarm
Committee to contact anyone and this should be done by the City
Attorney.
Al Wald, resident, suggested that if the board is removed from
the Police Department, the fee of $50.00 should be discontin-
ued. He questioned what other duties a Burglar Alarm Clerk
would have and V/M Massaro said this is a 24-hour service
provided by the Burglar Alarm Clerk and the user fee applies to
everyone whether connected to the WHOA board or not.
22. Bjuxglax- Alarms - T-eqp.- Ord. _ 41166 - Discussion and possible
action to regulate burglar alarm users and burglar alarm
devices under Chapter 14 of the Code. First Reading.
(tabled from 3/13/85)
SYNOPSIS OF_ ACTION: TABLED
for revision of the Ordinance.
V/M Massaro MOVED to TABLE this item for revision of the Ordin-
ance, SECONDED by C/M Munitz.
VOTE: ALL VOTBD_ AYE
Mr. Henning said when this was Tabled at the last meeting, he
was directed to make revisions and there is a 3/20/85 revision
in Council's backup.
GENERAL- ADMIN,rE,TMTIVE/E'TNANCIAL
49. - -
Discussion and possible action.
SXNQPSIS OF ACTION: Agendized by Consent.
(See Page 2).
The City Attorney was authorized
to have the proper officials execute
this agreement with Crow -Childress -
Donner and meet with the developers
to work out any other stipulations.
Mr. Henning said John Paine, Attorney for the seller of the
property involved, is present. He said in Council's backup
there is a portion of the survey of Caporella Park attached and
the crucial landmark is the footbridge which is indicated on
the sketch.
6
3/27/85
/pm
r
L0
Mr. Henning said they have learned, based on recent surveys,
that the footbridge and the path at the southeast portion of
the park, are a few feet over the property line. He said they
have discussed this with both the buyer and the seller because
the land immediately south of the park, between Caporella Park
and Commerical Blvd., is the property being sold.
Mr. Henning said a portion of the walk path will probably have
to be relocated. He referred to a sketch he placed on the
board. He said this Agreement states in Paragraph 1, "The City
acknowledges that it inadvertently, and without malicious
intent, constructed the subject path and footbridge on the
property without any right to do so." He said the Agreement
further acknowledges that it has no right to be there since it
is not City property. He said the Agreement also states that
the bridge would not be relocated without the City's written
consent.
Mr. Henning said after speaking with the new owner, the City
would like to leave the bridge there and obtain an easement
from the new owner and when the parking lot is built, where the
path is presently located, they will assist the City in
coordinating the relocation of the path several feet north. He
said there is room for the path on the park property to com-
plete the circle and it could be handled with a minimum amount
of expenditure. He recommended approval of the Agreement.
V/M Massaro asked if it was discussed that they relocate the
path and Mr. Henning said the Agreement does not state to the
relocation because it is something for the closing concerning
the legal rights of the property owners. He said he did nego-
tiate and discuss with Howard Bregman, Attorney with Wolf,
Block, Schorr & Solis -Cohen, the possibility of contributing
materials, coordinating work, etc. and he will work with the
City on that. V/M Massaro asked if Mr. Henning told him that
the City will want the trees located there and Mr. Henning said
he did not discuss that as yet.
V/M Massaro said it should be noted that if the trees are
relocated, they will be put on City property. Mr. Henning said
if there are trees north of the path that are relocated, they
shall be relocated on City property.
C/M Stein MOVED to authorize the City Attorney to execute the
contract with the amendments as proposed as to the removal of
trees to City property, if removal is necessary. Mayor Kravitz
asked for a SECOND to the MOTION. V/M Massaro said she would
like to hear from the attorney representing the owner of the
property first. C/M Stein WITHDREW his MOTION.
John Paine, Attorney for Airtec, the present owners of the
property, said their closing is at 2:00 P.M. today and he ask-
ed that, before anything in the Agreement is amended, Mr.
Bregman, the Attorney for the developers buying this property
be contacted. He said they are willing to work with the City
and he assured Council they will be cooperative about moving
the trees. Mr. Henning said he will follow up with a letter of
proposal that all parties meet after the closing and work with
the new developer to coordinate this activity. He said the
irony of the situation is that the park is on City limits so
that the development is in unincorporated Broward County and
the park is in Tamarac.
7
3/27/85
/pm
Mr. Henning said when the site plan was proposed by the
developer, the City would have noticed if it was Tamarac but it
was sent to the County because it is not in Tamarac.
C/M Stein MOVED to authorize the City Attorney to have the
proper person execute this Agreement and meet with the dev-
elopers to work out any other stipulations, SECONDED by
V/M Massaro.
45. - Temp. Reso.#3586 - Discussion and
possible action.
SYNOPSIS OF A=IO I: Agendized by Consent.
(See Page 1). RESOLUTION NO. R-85-121 PASSED.
APPROVED as revised 3/25/85
appointing Larry Perretti,
Personnel Director, as Acting
City Manager.
City Manager Johnson said Charter. Section 5.03 requires that
there be an Acting City Manager appointed in the City Manager's
absence and he recommended Larry Perretti, Personnel Director,
be appointed to this position.
Mr. Henning read Temp. Rego. #3586, 3/25/85 revision, by title.
C/M Munitz MOVED APPROVAL of ,T-emp. Reso. 43586 as revised
3/25/85, appointing Larry Perretti as Acting City Manager,
SECONDED by C/M Stein.
46. Seorcre Feld First Payment for Tamaxac Park Satc1lite
-
Buildina - Discussion and possible action.
SNOP09IS OF ACTIQK: Agendized by Consent.
(See Page 1).
APPROVED first payment in
the amount of $12,994.90 charged
to Account 344-761-572-650.
The report given to the Charter
Board should be given to Council
as well.
Bob Jahn, Chief Building Official, said Mr. Feld did acknowl-
edge that he misunderstood the dates that he was to have billed
the City and the bill in question has been approved by the City
Planner and him.
V/M Massaro MOVED APPROVAL of the first payment for the Tamarac
Park satellite building in the amount of $12,994.90 to be
charged to Account 344--761-572-650. SECONDED by C/M Munitz.
Melanie Reynolds, resident, said the past --Charter Board asked
the City Manager to keep them up-to-date on the status of this
satellite building. She said thus far they have not received
anything concerning this. City Manager Johnson said the Char-
ter Board did get a progress report and staff is trying to
verify all details. He said the present Charter. Board will be
getting a copy of that report in the next few days.
E3
3/27/85
/pm
V/M Massaro asked that this report given to the Charter Board
be given to the Council as well.
50. 2 TUW_yehicIps - ReylIV& Bid - Discussion and possible
action.
SYNOPSIS_OF CA TTON: Agendized by Consent.
(See Page 2).
From the 2/13/85 Council meeting --
Consent Agenda:
n) TUW - Authorization to purchase
one dump truck in an amount not
to exceed $18,898.93, amended to
$19,898.93.
o) TUW - Authorization to purchase
a cab and chassis for a jet rodder
in an amount not to exceed $14,259.77,
amended to $15,259.77.
Mr. Henning said his memo explains that there were some air
brakes that cost $1,300 and the photo copy looked like $300 so
the purchase price was $1,000 short. He said on 2/13/85, these
items were approved on the Consent Agenda and he suggested Coun-
cil make a Motion on each of these items increasing the purchase
price by $1,000. He read:
"n) TUW - Authorization to purchase one dump truck in an amount
not to exceed $18,898.93, amended to $19,898.93." He said
the funds are to come from R & R Account #428-367-535 640 as
recommended by the City Manager.
C/M Stein MOVED to APPROVE the change in the amount from
$18,898.93 to $19,898.93 as reflected on the TUW authorization.
SECONDED by C/M Munitz.
VOTE:
Mr. Henning read:
"o) TUW - Authorization to purchase a cab and chassis for a jet
rodder in an amount not to exceed $14,259.77, amended to
$15,259.77." He said this is under State contract and the
funds are to come from R & R Account #428-367-535-502 as
recommended by the City Manager.
V/M Massaro MOVED APPROVAL, SECONDED by C/M Stein.
UU :
23.
Tema._ Rest -- Discussion and possible action on a
request for special exception to permit a laundromat in Bay 3
of Building C at Lakeside Plaza, 5429 N. State Road 71 which
is zoned B--2 (Planned Business) (Public Hearing held 3/13/85)
SYNOP_S-119_QF_,.A_C_TJQ]N: APPROVED
permitting a laundromat in
Bay 3 of Building C at Lakeside
Plaza.
RESOLUTION NO. R-85-112 PASSED.
Mr. Henning read Tema. Reso. #3549 by title.
7
3/27/85
/pm
V/M Massaro said in the past Council was concerned about the
wastewater from the laundromat going into the drinking water
system, however, it has been determined that this is not a pro-
blem. She said Bob Foy, Deputy City Engineer, stated in his memo
to the City Manager, "the addition of a laundromat at Lakeside
Plaza will not significantly affect Pump Station #12." She asked
the condition of Pump Station #12.
Bob Foy said one pump of the two located at that Pump Station
works four hours a day. He said it is overdesigned for what is
going in there now and what will be going in there in the future.
He said there is no problem there.
V/M Massaro the wastewater will be going into the Fort Lauderdale
system and she MOVED APPROVAL of , SECONDED by
C/M Gottesman.
VOTE:
24. Zon ng Reaulat ons - - Discussion and
possible action to create Article XVIII in Chapter 28 of the
Code to establish a B-7 Business/Hotel District. Second
Reading. (Public hearing held 3/13/85)
SYNOPSISAL CA_TION:.DENIED
on second reading.
Mr. Henning read T=. Or,,&..# 163 by title. He noted that this
was the 3/13/85 revision.
V/M Massaro MOVED that this item be DENIED. She said she is not
completely against a Business/Hotel District but the guidelines
in this Ordinance are improper. SECONDED by C/M Gottesman.
C/M Stein said this was asked to be tabled for the developer to
submit an independent traffic study to the City. He said
presently, the City has not received any traffic study and he
asked if it would not be more appropriate to table this item for
receipt of this study. C/M Munitz said he agreed it would be
more appropriate to table this item for additional guidelines to
be included in the Ordinance.
C/M Munitz MOVED to TABLE this item for receipt of the traffic
study and the revision of the guidelines in the Ordinance. Mayor
Kravitz said there is a MOTION on the floor already. Mr. Henning
said he was handed a statement by Mr. Stackhouse who was present
but had to leave. C/M Munitz questioned why V/M Massaro wanted
to Deny this Ordinance since she is not completely against a
Business/Hotel District in the City. V/M Massaro said there is
no way that the developers could comply with the County DOT
requirement in the manner that they asked for a traffic survey.
She said the developer knew that. She said there is no way
someone would not be killed there and that is her main concern.
C/M Stein
Nay
C/M Munitz
Nay
C/M Gottesman
Aye
V/M Massaro
Aye
Mayor Kravitz
Aye
Tape 4 31. ESM Government Securities, Inc_ - Status report by Morris
Brown, a member of Morgan, Lewis and Bockius, special counsel
to the City.
SYNOPSIS QF-ACTION:
Mr. Brown gave a status
report.
10
3/27/85
/pm
U
Morris Brown, a member of Morgan, Lewis and Bockius, said
Thomas Tew, a lawyer with the firm of Finley, Kumble, et. al.,
was appointed Receiver for ESM and its related companies on
3/4/85. He said Mr. Tew commenced an investigation with the
assistance of Mr. Holtz, an accountant from Holtz & Co., to find
out what the financial affairs and their related entities were.
He said he found out the financial affairs were a disaster and
the exact number that represents the shortfalls between ESM's
assets and liability, still has to be determined but it is
probably a number in the hundreds of millions of dollars.
Mr. Brown said there were several other entities who are involved
in this transaction. Securities were generally held for ESM and
for those entities purchasing securities, at either Bradford or
Security Pacific. He said Bradford had most of the securities,
about 50 million dollars worth. He said Security Pacific had
about 9 million dollars worth and Bradford was in the process of
transferring all of the ESM business to Security Pacific when the
door crashed shut. He said under court order, only Mr. Tew, his
firm and Mr. Holtz, the S.E.C. and a limited number of people
have access to the records of ESM because there may be criminal
charges brought eventually. He said the integrity of ESM's
records is trying to be maintained.
Mr. Brown said at this point, they are receiving information from
the Receiver, Mr. Tew, and in reviewing the material assembled by
Mr. Tew and Mr. Holtz, it appears that they have been able to
identify about 3 million dollars of Tamarac securities that were
at Bradford and possibly were liquidated by Bradford. He said
they assume they have a reasonable claim with respect to those 3
million dollars of securities. He said Mr. Tew has filed a
proceeding in Bankruptcy for ESM and there are various Motions
that are pending. He said the effect of that.bankruptcy and of
the prior orders that have been entered by Judge Gonzalez in Fort
Lauderdale, was to prohibit anybody from bringing an action
against ESM or the related entities, except in the southern
district here or now, action of the State by operation, an auto-
matic stay in Bankruptcy.
Mr. Brown said they face the issue of where to bring action
against the various entities that Tamarac may assert legal claims
against. He said there are jurisdictional arguments with respect
to entities like Bradford and others. He said they have tried to
avoid complicated legal rangling about whether someone can be
sued and make judgments about where to sue them in order.to more
quickly arrive at the merits of the case. He said they have
moved to intervene in the major action against ESM and the cities
of Toledo, Harrisburg, and Pompano have already intervened. He
said there will be a hearing in front of Judge Gonzalez
later this afternoon on the City's Motion to Intervene, which he
expected would be granted.
Mr. Brown said they have also prepared various actions against
other entities but have not yet filed them. He said they are
trying to take advantage of the information that is emerging from
Mr. Tew's investigation and from some of the other lawsuits being
filed by larger and more involved entities. He said they expect
that the first of those will b,, filed late this week and a second
of those will be filed sometime next week. He said the City is
better off making sure those suits can be filed with all of the
information that is coming to light then to simply file them,
have motions filed against them and have to dismiss.or amend
them.
11
3/27/85
/pm
Mr. Brown said this is not going to be a quick procedure and
there will be actions filed across the country by various
S & L's, cities, etc. They expect that ultimately, all of the
actions will be consolidated in Florida but there is no way of
telling until they are all filed.
C/M Munitz said Judge Gonzalez appointed Mr. Tew as the Receiver
for all of the assets of ESM, Bradford, etc. Mr. Brown said that
was not so, Mr. Tew is the Receiver for ESM entities but not for
Bradford. He said Bradford is an independent banking
organization located in New York and Mr. Tew has nothing to do
with them except for the fact that he is suing them. C/M Munitz
asked how it is possible to withdraw money from funds that have
been frozen as has allegedly been happening. Mr. Brown said
Bradford's funds, to begin with, were not frozen since,
apparently, Bradford liquidated out the ESM account against loans
that ran from Bradford to ESM. He said no monies have been
withdrawn from the ESM.estate except by Judge Gonzalez specific
order.
Mr. Brown said various people have made applications to withdraw
various amounts of funds from the assets of the estate and they
have had to go before Judge Gonzalez and plead their cases. He
said only upon his entry of an order, that it is in the best
interests of the estate to make particular payments or do
particular things, have those funds been permitted to be
withdrawn by Mr. Tew and applied in the ways described in the
newspaper.
C/M Munitz said it is surprising to him that the S.E.C. and the
State Insurance Department are not being criticized since, if
these two bodies had acted "properly", this could not have
happened. Mr. Brown said the S.E.C. is the entity that insti-
gated the action which ultimately resulted in the discovery of
whatever activities ESM was involved in and that is the main
action pending before Judge Gonzalez. He said that is the action
that has been used as a vehicle to collect the various lawsuits
in South Florida. He said it is that action that, on a non -legal
basis, is turning into the bankruptcy litigation. C/M Munitz
said in 1933 the S.E.C. was establshed primarily for the purpose
of avoiding this type of incident and he questioned where the
S.E.C. was when this was going on, alledgedly back to 1977.
Mr. Brown said there are many people asking these questions.
C/M Munitz said the State of Florida has an approved depository
for municipal funds and he questioned whether their action could
have avoided this incident. Mr. Brown said they do not know and
this will have to be determined in the massive litigation being
filed all over the country.
C/M Gottesman asked if Tamarac can file a separate claim for the
3 million dollars and Mr. Brown said there are no separate
actions filed today against Bradford and he assumed if it is
appropriate to bring that sort of action, this action will be
taken in one jurisdiction or another very shortly. He said ESM
has sued Bradford and Bradford has taken the position that there
is no jurisdiction in South Florida over Bradford. He said to
the extent they can, they want to file actions in the appropriate
places.
C/M Stein said he understood that ESM was not licensed to do
business in the State of Florida and Mr. Brown said he did not
know if that was true.
12
3/27/85
/pm
City Manager Johnson said the only comment that was broadcast
last week stated that the State Comptroller General's Office they
were aware that ESM was late in filing their report but the
report was not due until April lst. He said he would assume they
were regulated by that agency. Mr. Brown said no information has
come to his attention which would indicate that ESM was
improperly or inadequately licensed.
Mr. Henning asked Mr. Brown if it is.a logical assumption that
the interest on the 7 million dollars is gone and Mr. Brown said
ESM has a shortfall between 200 and 300 million dollars on their
books. He said there are 2 or 3 hundred million dollars of funds
that are gone but that does not mean that there are not other
funds in ESM and their related entities. He said Mr. Tew and the
bankruptcy court are trying to put all those funds together in
order to determine the assets of ESM both in dollar amount and
kind. He said they are identifying assets to the extent that
they can in places like Bradford and Security. He said if they
successfully assert a claim against Bradford, with respect to
that 3 million dollars, they know Bradford has enough money to
pay the claim if the City wins this litigation.
Mr. Brown said there are other potential litigants from whom the
City can recover and there will be some recovery from the estate
itself. He said what that dollar amount is when it is put to-
gether, is something that no one can determine. V/M Massaro said
she understood that ESM is in involuntary bankruptcy and Mr.
Brown said they are in a bankruptcy proceeding. She asked if
that means that any certain monies that might have been paid out
within a certain period of time must be put back and Mr. Brown
said that may be the case and that is one of the considerations
that all of the creditors took into account in recommending that
the bankruptcy be filed. V/M Massaro asked what period of time
would it go back to and Mr. Brown said there are different
periods of time depending on what the transactions are.
Mayor Kravitz said it is known that the will of one of the main
people of ESM, who passed away in November, 1984, was thrown out
of the court for forgery, etc. He asked if their assets would go
back into the funds of ESM and Mr. Brown said they are investi-
gating that transaction since funds were distributed to that
estate and were immediately paid out of the estate to third
parties who had no knowledge of where the funds came from. He
said there is a possibility of some recovery.
Carl Alper, resident, asked if the litigation considered includes
the City's accounting firm and each of the 300 partners involved.
Mr. Brown said that is being considered. Gary Gralla, resident,
said the newspapers indicated that ESM had all securities in one
account and, therefore, no one City can identify which money is
theirs. Mr. Brown said this will have to be investigated.
Murray Weiner, resident, said today's paper had an article which
mentioned 11 municipal creditors being involved in the ESM bank-
ruptcy and he noted that Tamarac was not listed among them.
Mr. Brown said the reason for that is because Tamarac is not yet
officially of record in the case and that will happen this after-
noon.
Morris Kozen, resident, asked what could be learned from this
incident. Vickie Beech, resident, asked if this would be likened
to the scam of the gold bullion and Mr. Brown said no.
Mayor Kravitz recessed the meeting to 1:30 P.M. for lunch.
# - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
13
3/27/85
/pm
Mayor Kravitz called the meeting to order at 1:30 P.M., roll call
was taken and all were present.
35. Laird -la- Hardware Store_ _(Tamarac Town Square) -- Sian Waiver
Temp. Resg.,43584 - Discussion and possible action to waive
the provisions of the sign ordinance to allow two additional
signs.
SYNOPSIS OF ACTION: APPROVED
a second wall sign on the west
elevation and a third wall sign
on the east elevation.
RESOLUTION NO. R-85-114 PASSED.
V/M Massaro read Temp. Reso_._#3584 by title.
Mr. Henning said the Beautification Committee approved one sign
and they are sharing a two tenant building as an out --parcel to
Tamarac Town Square and the other half is a bank. He said the
bank has already been granted three signs and they would also
like to have three signs and the color and style will conform
with the approval of the Beautificaton Committee.
V/M Massaro said she reviewed the plans and understands their
problem and she MOVED that the two additional wall signs be
APPROVED as requested, SECONDED by C/m Gottesman.
VOTE:
34. - e - Discussion and
possible action on a request for temporary waiver of the
platting requirements in order to install a temporary fence
around the construction compound.
SYNORS_IS_OF_ ACTION: TABLED
at the request of the applicant
to the Reconvened Council meeting
on 4/4/85.
V/M Massaro said at the time that the site plan was approved,
they had not taken into consideration that there was an existing
entrance there and this causes some problems. She said
Mr. Workman asked that the item be tabled so that he can further
negotiate with the City Attorney.
V/M Massaro MOVED to TABLE this item to the Reconvened Council
Meeting on 4/4/85, SECONDED by C/M Gottesman.
VOTE: ALL VOTED_ AYE
TAMARAC UTILITIES EAST
48. = - Ordinance W_uxdiD,g _Remenue Qenej;_,tion Requirements
- Discussion and
possible action.
k$XNOPSIS,OF ACTION: Agendized by Consent.
(See Page 2).
APPROVED on first reading.
Mr. Henning read Temo. Ord. #1183 by title.
Mr. Henning said this only relates to the east side system and
this Ordinance will be codified and is a new addition to the
Code.
14
3/27/85
/pm
1-1
a
Mr. Henning said it is a requirement of the Grants Program and
this is a Capital Reserve Account that is being required to add
funds for future improvements to the plant as a requirement to
the grant. He said this may have an impact on rates but that is
not being addressed today. He said the Finance Department would
like to have a rate hearing to see what the effect of the grant
will be on the rates and vice versa. He said staff recommends
approval on first reading.
V/M Massaro MOVED to APPROVE.jemp. 0rd. #1183 on first reading,
SECONDED by C/M Stein.
yoTE : ALL VOTED AYE
4. S arter Review- Committee - T-emy,_Ord. _41181 -- Discussion and
possible action to repeal.Section 2-41 of the code (Ordi-
nance 84-65) which created this committee. First Reading.
M.q.ff• •
Mr. Henning read Temp. Ord,_ 41181 by title.
V/M Massaro MOVED APPROVAL of Temp._Ord. #1181 on first reading,
SECONDED by C/M Gottesman.
5. Tnves,tw.enLdvisory Committee - Temp. Ord. #1178 -
Discussion and possible action to create Section 2-44 of the
Code establishing this committee. First Reading.
MUSIS OF ACTION; APPROVED
on first reading.
Mr. Henning read Temp,_ Ord. _1117-8 by title.
C/M Gottesman MOVED APPROVAL of Temp. Ord. #1178 on first
reading, SECONDED by V/M Massaro.
VOTE:
6. SocialSeryices - Discussion and possible action on a request
from the Chairperson that the City apply for County funds
toward the purchase of a new van with a lift.
SYNOPSIS OF ACTION: The City
Manager was authorized to apply.
City Manager Johnson said it is his recommendaton that he be
authorized, along with them, to apply for these funds to see if
they are available.
C/M Stein so MOVED, SECONDED by C/M Munitz,
V/M Massaro noted that this request is a replacement for the
present van which has no lift.
W,
3/27/85
/pm
G-
7. Announcement of expiration of the terms of office for pos-
itions on the following boards and committees:
Board of Consumer Affairs
12
Expiring
positions
4/14/85
Planning Commission
5
positions
4/15/85
Beautification Committee
8
positions
5/11/85
Public Information Committee
13
positions
5/11/85
City Photographer
1
position
5/11/85
Board of Social Services
11
positions
5/11/85
Recreation Board
14
positions
5/11/85
Fishing Commissioner
2
positions
5/11/85
Parks Commissioner
1
position
5/11/85
Welcoming Committee
10
positions
5/11/85
Burglar Alarm Committee
4
positions
5/11/85
Veterans Affairs Committee
10
positions
5/11/85
Commissioner of Human
To
be determined
To be determined
Relations
on
4/4/85
on 4/4/85
Law Advisory Committee
5
positions
5/11/85
Investment Advisory Committee
5
positions
- - - -
h9YNQPS ,S_OF ACTION: Announcement
was made by Mayor Kravitz.
Mayor Kravitz noted that the terms of office for the above noted
positions are due to expire and he urged interested parties con-
tact the City Clerk's office for an application. He noted that
any board or committee members seeking reappointment should send
a memo to the Mayor's office, however, members will continue to
serve until appointments are made by the Council.
Mayor Kravitz noted that the number of positions for the Welcom-
ing Committee should be 12 instead of 10, the Burglar Alarm
Committee should have 5 instead of 4 and the Veterans Affairs
Committee should have 9 instead of 10.
CONSENT A9ENDA
a) Minutes of 2/13/85 - Regular Meeting - Approval recommended
by City Clerk.
b) Minutes of 2/22/85 - Special Meeting - Approval recommended
by City Clerk.
c) Alan F. Ruf - Consulting City Attorney -- 3/20/85 - $1,467.00
Approval recommended by City Attorney.
d) Shailer, Purdy & Jolly - Counsel for contraband forfeitures --
Services for February, 1985 -- $957.28 - Approval recommended
by City Attorney.
e) James M. Montgomery, Consulting Engineers, Inc. - Services in
connection with a rate study for TUW - 12/30/84 to 1/26/85 -
$6,580.00 - Approval recommended by Utilities Director/City
Engineer.
f) Moody & Jones - Counsel for Charter Board - Services for
February, 1985 - $645.00 - Approval recommended by Charter
Board.
g) Cody & Associates, Inc. - Management Efficiency Study -
3/6/85 -- $3,500.00 - Approval recommended by City Manager and
Personnel Director.
h) Kruse, O'Connor and Ling, Inc. - Services in connection with
Employee Pension Plan - 2/20/85 - $5,658.00 - Approval re-
commended by Finance Department.
i) Williams, Hatfield & Stoner, Inc. -- Consulting Engineer -
12/20/84 - $760.75 - Project 2207-0, Statement 1 - Approval
recommended by Utilities Director/City Engineer.
16
3/27/85
/pm
j) Tamarac Parks Recreation Water Distribution and Hydrant
Material -After soliciting bids, and with no bids being
received, authorization for staff to negotiate with vendors
to furnish this material.
k) Parks and Recreation Department -- Approval to go to bid for
equipment to be used in conjunction with existing mowing
equipment in order to collect leaves and clippings in the
medians.
1) Request for traffic light at Colony West Country Club cross-
ing on NW 88 Avenue - Approval to remove this item from the
agenda until. a future date.
m) Temp. Reso. #3567 regarding the construction of I-595 at Nob
Hill Road -- Approval to remove this item from the agenda.
ySYNOPSIS QE ACTION: APPROVED
Items a) through d) and f ) and
h) through m). e) was REMOVED
for discussion and TABLED to
the 4/10/85 Council meeting for
further review. g) was REMOVED
for discussion and TABLED to the
4/10/85 Council meeting for
further review.
C/M Munitz MOVED to REMOVE Items e) and g).
C/M Munitz MOVED to APPROVE Items a) through d) and f) and h)
through m), SECONDED by V/M Massaro.
r
ALL YQ=-AYE.
e) C/M Munitz said this item concerns payment for a rate study and
he questioned whether this study has been received. City Manager
Johnson said Council has received at least two preliminary re-
ports from them and the final report is not due as yet. He said
the first phase was completed which was an overlook that Council
authorized concerning the spray irrigation and the second phase
was a rate study and that is in process now.
V/M Massaro said due to the fact that there has been little time
to study this item, she MOVED to TABLE this item to the 4/10/85
Council meeting, SECONDED by C/M Gottesman.
g) C/M Munitz said Council does not have the Management Study Effi-
ciency Report and he asked when the final report can be expected.
City Manager Johnson said when this was discussed, Council re-
quested they be paid in three partial payments. He said they
have received one, this is the second and the final payment will
be after the final report is submitted and accepted by the Coun-
cil. He said the projected date is approximately mid --April.
V/M Massaro said she has not had time to study what has been done
so far and she MOVED to TABLE this item to the 4/10/85 Council
meeting, SECONDED by C/M Gottesman.
Mr. Henning said the original figure was a $10,500 lump sum and,
instead of that, staff negotiated a payment schedule in thirds.
V/M Massaro questioned why Council agreed to pay partial payments
when payment should be made when the reports are received. She
said there is nothing to show for what is being paid.
VOTE:ALL-VQTED AYE
17
3/27/85
/pm
10. BIONArd v in Tallahasage - Discussion and possible action
on recommendations by the City Manager regarding City repre-
sentation at this event.
1=PSIS Q,L ACTION: No official
from Tamarac will represent the
City at this event.
City Manager Johnson said he gave Council a memo dated 3/19/85 in
which he recommended that at least he and the Mayor or his de-
signee should go to Tallahassee on 4/10/85. He noted that this
is the next Regular Council Meeting. He said at the present time
the second plane will leave the morning of the activities and
will return sometime late that night.
Mayor Kravitz asked how important is it for the Council to be
represented at the Broward Day in Tallahassee since it is a
Council meeting day and an expense will be incurred. City Mana-
ger Johnson said the other people in the League of Cities feel it
is important that cities be represented. He said he has found
over the years that the contacts made with the representatives is
worth the effort.
C/M Gottesman said since this appears to be a day for lobbying
and Senator Weinstein and Representative Deutsch are representing
Tamarac, he felt it was unnecessary. He MOVED to DENY having any
representation at Broward Day in Tallahassee, SECONDED by
V/M Massaro.
Mr. Henning asked for clarification of who will go and C/M
Gottesman said no one from Council or staff will go. V/M Massaro
said there are many important things to be taken care of in the
City to be concerned about this.
17. pend:itures - -- Discussion and
possible action to establish guidelines and procedures for
emergency expenditures by the City Manager pursuant to
Section 7.12 of the Charter. Second Reading.
SINQUIS_OF,,A,CTTON: APPROVED ORDINANCE NO. 0-85-6 PASSED.
on second and final reading.
Public Hearing was held.
Mr. Henning read by title.
Mr. Henning said about a year ago last March at the referendum,
there was an amendment to the Charter that was approved by the
people. He said originally, in the City Charter, if there was an
emergency with a need for emergency expenditures, Council would
convene a Special Meeting or Council would take action and direct
the City Manager to act pursuant to the City Council's instruc-
tions based on the emergency at hand. He said the amendment of
the Charter reversed that procedure which allows the City Manager
to react to the emergency and take any necessary action. He said
the City Manager then reports to the Council within three days
and, if he makes any expenditures, he is to attempt to acquire at
least informal bids so that he can get different prices over the
telephone and make the best purchase for the City.
18
3/27/85
/pm
Mr. Henning said the Charter amendment that was.approved at the
referendum provided for implementation by Ordinance and there is
a 1-1/2% cap of the General Fund and this provides that the City
Manager can first determine an emergency, take action, make
necessary expenditures required and make an early report to
Council as to what action was taken.
Mayor Kravitz opened the public hearing. Melanie Reynolds,
resident, said the Council must give guidelines for any emergency
expenditure. Mayor Kravitz closed the public hearing with no
further response.
C/M Munitz MOVED APPROVAL of Temp. Ord.,#1168 on second reading,.
SECONDED by V/M Massaro.
18.
.Rezoning Petition. 14-2-85 - - Discussion and
possible action to rezone lands northwest of University
Community Hospital from R-3 (Low Density Multiple Residen-
tial) to B--6 (Planned Business) to construct a medical office
building and a Senior Citizen Assistance Center. Second
Reading.
a) Acceptance of Affidavit of Publication and Affidavit of
Posting.
b) Consideration of application.
SYNOPSIS_
a) ACCEPTED Affidavits of
Publication and Posting.
b) TABLED for receipt of
the necessary documents.
Public Hearing was held.
a) Mayor Kravitz asked the Assistant City Clerk if the Affidavits of
Publication and Posting have been.received and she said yes.
C/M Munitz MOVED ACCEPTANCE of the Affidavits, SECONDED by
V/M Massaro.
b) Mr. Henning read Temp. Ord. #1172 by title.
Arlene Fuelberg, representing University Community Hospital,
asked that this item be Tabled to the next Council meeting.
Mayor Kravitz opened the public hearing. Morton Student, resi-
dent, said this type of facility is needed in Tamarac. Mayor
Kravitz closed the public hearing with no further response.
V/M Massaro said there could be a separation of title and their
attorney was to provide the City with a document insuring unity
of title. She MOVED to TABLE this item. C/M Munitz said at the
first reading of this Ordinance, this item was requested because
of the need for the document insuring unity of title and that it
would list those uses that would be permitted on the property as
those proposed by the architect today so that other commercial
uses will not go into this district and create a conflict with
0 the Community Facility designation.
19
3/27/85
/Pm �� '
C/M Gottesman said Mr. Barb was asked at a Planning Commission
meeting to revise the title to "Community Service Facility" and
that the entire property would be owned by the hospital for
perpetuity and the "Community Service Facility" will be operated
by the hospital. He SECONDED the MOTION to TABLE.
19. - - Temn. Ord.
#1173 - Discussion and possible action to rezone lands at the
northwest corner of McNab Road and NW 80 Avenue from B-6
(Business District) to B-1 (Neighborhood Business District).
Second Reading.
a) Acceptance of Affidavit of Publication and Affidavit of
Posting.
b) Consideration of application.
SYNOPSIS OF ACTION:
a) ACCEPTED Affidavits of
Publication and Posting.
b) TABLED to the Reconvened
Meeting on 4/4/85.
Public Hearing was held.
a) Mr. Henning read Tempe. 0rd,, #117j by title.
Mayor Kravitz asked the Assistant City Clerk if the Affidavits
of Publication and Posting have been received and she said yes.
C/M Gottesman MOVED ACCEPTANCE of the Affidavits, SECONDED by
C/M Munitz.
b) Mr. Henning said this is located on McNab Rd. and the intersec-
tion of Lagos de Campo, on the northwest corner which is a vacant
lot now where they are proposing to build a two-story building
with commercial use downstairs and an office use upstairs. He
said there is a stipulation that was agreed to by staff and
Council, has been executed and received in-house from the de-
veloper to limit some of the uses of this lot. He said staff has
addressed the traffic and landscaping questions and staff re-
commends approval.
V/M Massaro said a waiver of parking was necessary at this loca-
tion and she asked if that was incorporated into the stipulation.
Mr. Henning said he was uncertain whether it was concerned with
perpendicular parking or the number of spaces. Mr. Henning said
the stipulation brings it up to present Code and clarifies any
questions from the court orders that date back to the 1970's with
the Leadership Housing case. He said it stipulates that with
certain exceptions, the present Code will prevail as it may be
amended from time to time.
C/M Gottesman said the report of the Planning Commission meeting
of 2/21/85 states that, "following discussion, the Planning
Commission approved Rezoning Petition #5-Z-85, rezoning from the
City's B-6 to B-1 designation." Sidney Wortman, resident, asked
why a business facility is needed at this location.
V/M Massaro asked Richard Rubin, Consultant City Planner if the
waiver of parking is included in the Stipulation and Mr. Rubin
said Stipulation #17 was approved by Council and it stated that
the developer would apply to the City for rezoning the property
to the B-1 zoning district. He said the second item concerned
the concept site plan which showed angle parking throughout. He
said originally they had enough parking spaces but they were 90-
degree angle. He said the Planning Commission said they were
more in favor of angle parking and gave them a slight reduction
to the total amount of spaces so that he could provide all angle
parking could be provided.
20
3/27/85
/pm
ti��
Mr. Rubin said the question then would be whether or not a park-
ing waiver is required for reduction of the amount of spaces and
V/M Massaro asked if there was an urgency on this item.
Donald Frye, architect representing Berndall, Inc., said they
would like to get the rezoning question resolved before they
invest any more money and go through the complete site planning
process. He said they submitted a concept plan which was
approved by the necessary committees.
Mayor Kravitz opened and closed the public hearing with no re-
sponse.
V/M Massaro MOVED to TABLE this item to the Reconvened Council
Meeting on 4/4/85, SECONDED by C/M Stein.
20. 9r1 ttp _Classiggl Inc. -
1Z-85 - Zemp._Reap— 1 575 - Discussion and possible action
to grant a special exception to allow a restaurant to be
known as Cafe Gelato Classico in Family Mart Shopping Center
at 7110 N. University Drive, which is zoned B--2 (Planned
Business).
SYNOPSIS OF LOTION: APPROVED RESOLUTION NO. R-85-110 PASSED.
with conditions. Public Hearing
was held.
Mr. Henning read Temp. Rg g. CUSI215 by title.
Barry Eden, Attorney representing the petitioner, said the Plan-
ning Commission approved this petition. He said presently the
business in this premises is a bakery operation and it is intend-
ed to take a portion of the premises and operate a fine restau-
rant. He said there is adequate parking at this location.
V/M Massaro said these plans must be stamped by the Health
Department and Broward County Environmental Quality Control and
then they should bring this to the City Building Department for
examination and appropriate permits. She said approval today
would have to be subject to those things. C/M Gottesman said
there were some special requirements that were stipulated by the
Planning Commission concerning the garbage disposal unit, the
washbasin for the cans, the grease pot, etc. Mr. Eden said a
permit would not be issued if these things were not completed.
He said the owner has indicated that these things are already
completed.
Mayor Kravitz opened the public hearing. Stan Bernard, resident,
said he was at this location and he was under the assumption that
the restaurant was already in operation and Mr. Eden said the
restaurant has not been in operation. Mayor Kravitz closed the
public hearing with no further response.
C/M Gottesman said he visited this location and there was ice
cream, coffee and cakes there but that was the extent of the
eating establishment.
21
3/27/85
/Pm
if
V/M Massaro MOVED APPROVAL of Temp,_Ree_o,__43575 subject to plans
being submitted of any work which has been completed or that
needs to be done according to the Chief Building Official's
requirements. These plans must be stamped by the Broward County
Health Department and the Broward County Environmental Quality
Control Board and then brought back to City Hall to be
examined by the City Building Department and the necessary per-
mits be taken. SECONDED by C/M Gottesman.
21. Gelato !Qlassico,,__ Inc_. - Spegial___Except ion Petiti"
48--2-85 - Temp. _Bgso. 13576 -- Discussion and possible action
to grant a special exception to,permit on -premises
consumption of beer and wine at the.Cafe Gelato.Classico in
Family Mart Shopping Center at 7110 N..University.Dri.ve,
which is zoned B-2 (Planned Business).
SXNQPS,TS OF A-UPOIi: APPROVED RESOLUTION NO. R--85-111 PASSED.
with the hours as stipulated in
the City Code and the condition
that the license is not transferable
to anyone without Council approval.
Mr. Henning read by.title.
Mr. Henning said this is a special exception for on --premises
consumption of beer and wine and they would have to get State
licenses in addition to this special exception. He.said they
Tape 6 will comply with the standard hours as provided by.City Code.
He said this is an initial application for a liquor license from
the State and is not transferable to any other parties unless
approved by the City Council.
Barry Eden, Attorney for the petitioner, said this request for
special exception is strictly limited to operation of the
restaurant and is not a lounge. He said this is a food
establishment and he requested Council consider putting this
restriction. on a restaurant. Mr. Henning asked what type of
ownership is involved and Mr. Eden said it is a corporation.
Mr. Henning said theoretically the corporation could be sold and
remain under this name. V/M Massaro said she does not like a
license to be transferred unless they receive Council approval
because that is the only control the Citv has.
Mayor Kravitz opened the public hearing. Vickie Beech, resident,
asked what specific hours are involved. Mr. Henning said
pursuant to Chapter 3 of the City Code, there is no sale of
liquor between the hours of 2:00 A.M. and 8:00 A.M. except Sun-
day, it is 2:00 A.M. to Noon. Dr, Bernard Newman, resident, said
this should be approved. Sidney Wortman, resident, asked if the
liquor license for the purpose of serving with food goes with the
individual operating the establishment or with the corporation.
Mr. Henning said the State may treat it differently than the
City. Mr. Eden said the new people taking over the license would
have to go through an investigation.by the State Alcoholic
Division to get approval. Mayor Kravitz closed the public hear-
ing with no further response.
C/M Stein said the liquor licenses are transferable, however, the
City can make the provision that they not be transferable without
Council approval.
V/M Massaro MOVED APPROVAL of Tgp_, Reso, 43576 subject to the
hours as required by Code and that this be a non -transferable
license without Council approval, SECONDED by C/M Gottesman.
22
3/27/85
/Pm �,.,'
pejpj H51173 ImIgal i
11. Florida League of Cities - Coordination of Legislative Policy
Positions - Temper &so, _43571 -- Discussion and possible
action prohibiting the use of City funds for professional
and special interest organizations not compatible with the
policies of the Florida League of Cities.
SYNOPSIS OF ACTIQN: TABLED
for further review.
Mr. Henning read Temp. Re,so. #3571 by title.
City Manager Johnson said the cities were testifying against
various legislations that the general assembly was putting out.
He said every time they went to testify, they were in opposition
to the Police Chief, Fire Chief, Building Officials and everyone
else who had hired special lobbyists with the dues that they were
paying to be in opposition to the cities. He said it was the
concern of the League of Cities at that time that, if the cities
are going to represent them, they should be of one body and
having the Fire Chiefs, Police Chiefs, etc. in opposition creates
a problem.
Mr. Henning asked the City Manager if the City has received
communication from the League requesting this and City Manager
Johnson said yes. He said there was a Resolution adopted by the
League in Tallahassee at the Pre -Legislative Meeting in February
and several cities have already adopted Resolutions. Mr. Henning
asked what some of the organizations are that the City gives
funds to and City Manager Johnson said the Florida Police Chiefs
Association, the Florida Fire Chiefs Association, the Building
Officials Association, the Florida City Management Association,
the Florida City Clerks, the Finance Officers Association, all
professional associations in which the City staff partici-
pates.
Mr. Henning asked if these were mandatory or optional groups and
City Manager Johnson said any group in which the City
participates now has to have records open to public scrutiny and
are State supported. V/M Massaro asked when it is determined
that these groups are in opposition to the philosophy of the
Florida League? City Manager Johnson said in the last ten years
the League has an adopted policy on the fate of the programs that
the membership adopts as a unit. He said if the League came up
with a program and asked the cities' endorsement, such as the
mandatory certification of the building inspectors, the cities in
unity were in opposition to mandatory because the State does not
always give the funds necessary for this type of program. He
said the Building Officials were in favor of a mandatory
certification State-wide.
C/M Stein MOVED to TABLE this item for further consideration,
SECONDED by V/M Massaro.
VOTE: ALL VQT DLAYE
12. Broward League of Cities _Bug ness - Discussion and pos-
sible action on:
a) Selection of City's voting delegate and alternate
b) Reports.
SYNOPSIS OF ACTION:
,a) Mayor Kravitz was appointed as
the voting delegate with
V/M Massaro as the alternate.
23
3/27/85
/pm
SYNOPSIS_ OF ACTION: Cont'd.
b) Mayor Kravitz was authorized to
write a letter to the Broward County
League of Cities asking why Tamarac
has not been represented on any
committee for the last 3 years.
a) V/M Massaro MOVED to appoint. Mayor. Kravitz as the
gate to the Broward County League of Cities. C/M
added that the alternate delegate be V/M Massaro,
agreed, SECONDED by C/M Gottesman.
yTE : ALL_ MED_ AYE
voting dele-
Gottesman
to which she
b) Mayor Kravitz said he received several communications from the
League as well as the new Nominating Committee Report of Offi-
cers and Directors. He said he is concerned that Tamarac has
not been recognized on any committees for the last 3 years and
he suggested a letter be written to them concerning this.
C/M Stein MOVED to authorize Mayor Kravitz to write a letter to
the Broward County League of Cities asking why Tamarac has not
been represented on any committee for the last 3 years.
SECONDED by C/M Gottesman.
13. Tamarac .Lakes Collection BystQM - Proiect 84-5 - Dis-
cussion and possible action on:
a) Approval of an Addendum to an Agreement with Williams,
Hatfield & Stoner, Inc., for this project as required by
Florida Department of Environmental Regulation.
b) Authorization to advertise for a public hearing on a
proposed revision to the existing rates for users east
of State Road 7.
SYNOPSIS_ OF_ ACTION :
a) APPROVED.
b) Authorized advertisement for
a public hearing for the
4/10/85 Council meeting at
2:00 P.M.
a) Mr. Henning said the City has received a memo from the DER in
Tallahassee asking the City to be more specific in the contract
with Williams, Hatfield & Stoner,.Inc. for this particular
engineering project. He said a revised Agreement was drafted
with the assistance of the engineers and is on the agenda for
approval at this time. Mr. Henning said this concerns the
Tamarac Lakes Collection System which refers to the septic tank
removal which was approved by referendum. He said the cost of
the project is approximately $300,000, which is grant -eligible
and grant -approved. He said the City is trying to remove '
approximately 70 septic tanks from the east side and line them
up with the sewer system with a charge per house per connection
when that is ready.
C/M Stein MOVED APPROVAL of the Addendum to the Agreement with
Williams, Hatfield & Stoner, Inc., SECONDED by V/M Massaro.
VOTE: ALL VOTED AYE
24
3/27/85
/pm lJ
L
b) Mr. Henning said'the Ordinance that was passed earlier today may
have an impact on the rates and any grants received will impact
favorably and any additional expenditures may impact negatively.
He said, the Code provides that utility rates are established by
Council Resolution after an advertised hearing, which must be at
least 3 days in advance of the hearing. He said they are
requesting at least 4 days notice with authorization to set up a
rate hearing for the east side only and the necessary paper work
will be prepared.
V/M Massaro asked how long it will take to prepare the rate
schedule or the determination as to whether or not there must be
a change. City Manager Johnson said the memo he gave Council
this morning contained two alternatives of financing the revenue
generation of the Capital Account. He said it depends on how
Council wants to move. V/M Massaro asked how soon staff needs
this direction and City Manager Johnson said the City has to
respond to the State within the next 30 days. He said the City
does not want to have any rate increase from the East Utility if
it is not necessary. He said they will have those documents
with those projected rates to Council in ample time before the
hearing.
Mr. Henning said there will be second reading of the Ordinance
at the next regular meeting and he suggested that might be the
appropriate time to have the rate Resolution. Steve Wood,
Finance Director, said there must be a public hearing. He said
they do not have the numbers available yet if the rates are
going to be changed and there are provisions in,t.here that need
to be eliminated in order to meet State and Federal guidelines.
Mr. Henning said one of the items was a question about the 25%
surcharge and Mr. Wood said that has to be eliminated. Mr. Wood
said the Homeowners Association rate has to be abolished as
well..
Mayor Kravitz asked when Council will receive the rate schedule
that will be advertised and Mr. Wood said the purpose of today's
discussion is to determine whether or not Council wants to
increase the rates to include the monies necessary for the
capital regeneration program or if they want to use available
retained earnings and reserves that exist in the east system to
fund that deposit. He said the City Engineer believes that
there are,not sufficient Capital funds available in the east
system to make the needed repairs that exist there today. .
Mr. Henning said there are two things that acceptance of, the
grant requires and they are, addressing the 25% surcharge for
out -of -City customers and the preferential rate for the Home-
owners Associations. He said they are trying to get the State
Legislature to change that but it will not be changed this year.
He said even if the residents rates are left status quo, these
two issues have to be addressed. He asked when the numbers for
the homeowners will be received and Mr. Wood said Council has to
tell him if the $8,000 will be included into the rate structure
of Utility East or pay for it out of retained earnings. He said
if Council does not want it included in the rate structure, than
there are no new numbers needed for the rate Resolution at this
time other than to comply with State and Federal requirements.
Mr. Henning asked Mr. Wood if he knows the amount of retained
earnings and Mr. Wood said $300,000. He said collectively there
are not sufficient retained earnings to meet the $347,000 de-
posit requirement. Mr. Henning asked Mr. Wood if the hearing
was held at the next Council meeting, could he have numbers
several days in advance for Council's review.
25
3/27/85
/pm
Mr. Wood said if Council authorizes him to change the numbers
today, he will get them to Council before the end of the week.
V/M Massaro read, "Annual. Deposit for this Grant, based on the
formula would be $8,675.09", and she asked Mr. wood to explain
that. Mr. Wood said the formula is under 1750 of the Florida
Administrative Code which states that the State does not want to
give the City money for grants any longer unless the City pro-
mises to put aside X amount of dollars per year so that they
never have to give a grant for the same purpose again forever.
Mr. Wood said Council should decade whether they want to fund
the $8,000 requirement from retained earnings or from rates. He
said the obvious move is to take it from what is there already
but he cautioned that there might not be enough there to fix the
things broken in that system today.
V/M Massaro said the City should not plan on using that money
for normal repairs and she questioned the amounts stated by
Mr. Wood previously. Mr. Wood said the total amount is not
enough to meet the deposit requirement which is $347,000 for the
grant that Council is accepting for the gravity sewer. He said
the City is only receiving $100,000 in State money but they are
saying that the City must put away $300,000 if the City does not
want to make the deposit on an annual basis. V/M Massaro said
the City must move forward on the grant because the people in
that area have overflooding septic tanks.
C/M Gottesman MOVED that staff should be authorized to place
advertisement for public hearing for the 4/10/85 Council meeting
at 2:00 P.M. City Manager Johnson said he would recommend to
staff that Council consider adjusting the present rates to
reflect the donation here. He suggested the rates be computed
based on adjusting the current rates to reflect the donation.
C/M Stein asked how many people are affected and Mr. Wood said
there are approximately 998 homeowners plus about 30 commercial
establishments in the east system. He said if the figure was
divided amongst the customers equally it would be approximately
$8.00 to $10.00 each.
V/M Massaro SECONDED C/M Gottesman's MOTION.
14. Did Aw-rsl - - Discussion and possible
action to award a bid to furnish 1,000 feet of armored
television camera cable.
: APPROVED RESOLUTION NO. R-85-107 PASSED.
awarding the bid to Interstate
Equipment Sales in the amount
of $2,850.00.
Mr. Henning read .A35.2 by title.
V/M Massaro MOVED APPROVAL of awarding the bid
to Interstate Equipment Sales in the amount of $2,850.00,
SECONDED by C/M Gottesman.
VOTE: C/M Stein Absent
C/M Munitz Aye
C/M Gottesman Aye
V/M Massaro Aye
Mayor Kravitz Aye
26
3/27/85
/pm
<i
L'
15• Bid AWard - T&m8.SQ1^#3568 -- Discussion and possible
action to award a bid for a small diameter closed circuit
television inspection system.
.5-YWPSIS_OF_ACTION: APPROVED RESOLUTION NO. R-85-108 PASSED.
awarding the bid to Avanti
International in the amount of
$14,726.00.
Mr. Henning read #3568 by title.
V/M Massaro MOVED APPROVAL of awarding the bid
to Avanti International in the amount of $14,726.00, SECONDED by
C/M Munitz.
C/M Stein Absent
C/M Munitz Aye
C/M Gottesman Aye
V/M Massaro Aye
Mayor Kravitz Aye
16. Bid &ward - ,#3574 - Discussion and possible
action to award a bid for a communications system for the
TUW office building - Project 84-17.
MOPySIS OF ACTION: : TABLED
to the 4/10/85 Council Meeting.
(See Page 37).
for further discussion and
action.)
Mr. Henning read by title.
City Manager Johnson said a recommendation has not come forward
and he asked Council to TABLE this item to .the 4/10/85 Council
Meeting and V/M Massaro so MOVED. SECONDED by C/M Gottesman.
25 . FQgl
41049 - Discussion and possible action to amend Chapter 23
of the Code to establish a Street and Traffic Signalization
Impact Fee based on dwelling units planned in excess allowed
by current zoning. Second Reading. (Public Hearing held
6/22/83).
,SYNOPSIS,-E ACTION: DENIED
on second reading. An interim
report was requested to be
prepared.
Mr. Henning read Temo,,_DXd___#1049 by title.
V/M Massaro said a large sum of money has been allocated for
Dick Mercer to complete a study to determine impact fees that
46- Tape 7 would stand a challenge in court. She said this study will take
approximately 6 months and she requested the City Manager con-
tact Mr. Mercer to submit something temporarily that the City
can live with because money is being lost.
27
3/27/85
/pm
V
4
Mr. Henning said the title of this Ordinance only applies to
residential developments, therefore, if Council wishes to have
an interim fee for commercial and residential, a new Ordinance
should be drafted.
V/M Massaro MOVED that be DENIED and a request
be made that an interim report be prepared. SECONDED by C/M
Gottesman.
26. City- Cguncil Meal Expensp. X.P slim_eD1_a -- .. mn . Res g .
#56 - Discussion and possible action to abolish reim-
bursement to Council members for meal expenses during
lengthy Council meetings (tabled from 3/20/85).
SYNOESIS OF ACTION: APPROVED. RESOLUTION NO. R--85-113 PASSED.
Mr. Henning read by title.
Mayor Kravitz said he requested this Resolution since he feels
the volunteers deserve reimbursement for meal expenses when a
voucher is submitted, however, he does not feel that the Council
should receive these reimbursements.
V/M Massaro said throughout the years there has never been
reimbursement for lunch particularly and the most they ever
received for dinner was something brought in by the City Man-
ager. She MOVED APPROVAL of , SECONDED by
C/M Gottesman.
VQTE: ALL VQTED AXE
28. Land -Section - Status report on ordinance establishing
development and use standards for industrial (M-1 and M-2)
and office park zoning districts. Discussion and possible
action.
SyNOPSIS OF_ ACTION: No action
was necessary. The City Attorney
was instructed to•move forward,
after recommendations from the
City Engineer, to produce an
Ordinance that can be submitted
to the Planning Commission as
soon as possible..
C/M Gottesman said he requested this be placed on the agenda
specifically for the City to draft this environmental Ordinance.
He said more than 18 months ago, the Planning Commission was
charged by the Council to draft an Ordinance that would relieve
the City of the looseness of the M-1 and M-2 zoning require-
ments for businesses that could be operated in Land Section 7.
He said the Planning Commission finished a draft of this Ordin-
ance about 14 months ago and it was given to the City Attorney
for him to write. He said to this date, they have not had any
draft and he requested that the City Attorney be instructed to
move forward since the moratorium will expire in early April.
C/M Gottesman said that property has become very valuable with
the Sawgrass Expressway and with an interchange at Commercial
Blvd. and the City should be prepared. V/M Massaro asked if
this has been submitted to the City Engineer and C/M Gottesman 90
said no.
28
3/27/85
/Pm
V
V/M Massaro said it should be submitted to the City Engineer for
his input and recommendations and then the City Attorney should
be instructed to move forward to produce an Ordinance which can
be submitted to the Planning Commission as soon as possible.
Mayor Kravitz said no action is necessary.
27. Section - IUt
.Suit -- Temp. Reso._43.12 - Discussion and possible action
on:
a) Status report by City Attorney
b) Location of Wastewater Plant
44 SYNOPSIS OF j CTIQ:
a) TABLED to
the Reconvened Council meeting
on 4/4/85.
b) Agendized by Consent.
Location will remain at present
site and any future expansion
necessary will be on that site.
a) Mr. Henning read Temp, &so. #3512 by title.
Mr. Henning said there is a condemnation lawsuit regarding the
area of the sludge farm in Land Section 7. He said there were
Special Council meetings in which the taking was revised. He
said the revision to the lawsuit had three aspects; first,
instead of a three --year lease, the City is condemning fee -simple
or the full ownership of the land. He said the second item was
that instead of 34.4 acres it was 45 acres that were being
referenced and the location was moved slightly north of the
present location of the sludge farm so that the land in question
would abut the south side of the mid section line of Land Sec-
tion 7.
Mr. Henning said his office and the Consultant City Attorney
have been working on an attempt to settle this lawsuit so that
it is cost effective to the City to acquire the land and use it
for municipal purposes. He said the first question confronting
Council because of grant applications and planning, is whether
or not the deep injection well could be located on Land Section
7 within this 45 acre site. He said if Council should approve
the deep well on that site, it does not require that the waste-
water plant be moved. He said the grant applications include a
site on Land Section 7.
Mr. Henning said one aspect of the settlement states that the
sludge farm would be used for no more than two more years and,
sometime during that time, it is anticipated that the City will
restore the property and use a method of dewatering and compost-
ing by drying it, mixing it with sawdust and a different by-
product would be attained. He said that has no bearing on
whether or not the wastewater plant is moved. He said the other
day he distributed the final draft of the stipulated settlement.
V/M Massaro said she read this stipulated settlement agreement
very carefully and the words in there refer to "wastewater
facility". She said that means a sewer plant and she said the
people have a right to know what is going in there. She said
the City has a Utility that has been carefully maintained and is
not adequate for a full buildout, however, there is room for the
expansion. She said there is a half million gallon treatment
plant there that can be eliminated and the necessary gallonage
can be provided in that space.
29
3/27/85
/pm
U
V/M Massaro said the City will have the ability, at some point
in time, to send another two million gallons of sewage to be
treated under the 201 Program. She said there is no problem
that cannot be accommodated at the present location. She said
she questioned whether the deep injection well might possibly
have to go there. She said that will not affect the people at
all and she will discuss this further with the engineers. She
said that has to be carefully evaluated because it affects the
water supply. She said it might be necessary that the deep well
might be located at Land Section 7. She said the purchase of
that land cannot be a mistake at the price quoted because that
should supply enough land to avoid a problem in the City for
whatever might be needed at full buildout.
V/M Massaro said when this was first given to the City Engineers
they were charged to find the best cost effective manner to do
this work but also protect the rate structure that the people
would have to pay. She said building a new utility could run as
high as 20 million dollars and that would mean the residents
would be paying forever.
V/M Massaro MOVED that the utility plant not be considered at
this site and TgMp. Reso. 13512 be TABLED to be rewritten.
Mr. Henning said the attorneys are trying to keep the Council in
control and he urged the public not to ask the developer to
legislate what will be done with the land. He said if the
reference to the Utility Plant is taken out of the Settlement
Agreement, the public is asking the developer to be the police-
man and prevent the sewer plant being put there. He said all
the statement in the Settlement Agreement states is that if the
Council decides to put the sewer plant in Land Section 7, then
the developer, the seller, has no objection. He said the Coun-
cil and the people are in control and the land is still for
municipal purposes. He said the settlement as it stands gives
the City an unencumbered ownership of this land. He said there
is an option that this land can revert back to the owner.
V/M Massaro asked what can be done to assure that no utility
plant will be put in Land Section 7 and Mr. Henning said legally
a Motion can be passed stating that the sewer plant will not be
moved off its present site unless something happens. C/M Stein
said in order to do anything with the sewer plant, a referendum
will have to be held. V/M Massaro said a referendum affects the
whole City and she understands the concerns of those people that
are affected. C/M Gottesman noted that on Page 2 of the
Agreement it notes that the City has until 6/l/85 to act on this
Agreement and he suggested this item be Tabled. Mr. Henning
said there are two sides to this agreement and the buyer could
change his mind as well as the City can.
V/M Massaro said she understands the problems the City Attorney
is facing and she MOVED to TABLE the settlement of the Sludge
Farm Condemnation Suit and this Agreement to the Reconvened
Council Meeting on 4/4/85. SECONDED by C/M Gottesman.
V/M Massaro MOVED to Agendize by Consent the location of the
wastewater treatment plant, SECONDED by C/M Stein.
fts)4
V/M Massaro MOVED that the wastewater treatment plant not be
moved from the present location, SECONDED by C/M Gottesman.
30
3/27/85
/pm
-11
10
L�]
Alice Adams, resident, asked if the Motion included that there
will not be a new treatment plant built in Land Section 7.
V/M Massaro said she would accept that Amendment to the MOTION
and she said the MOTION is that the present location of the
wastewater treatment plant stay where it is, not be moved, and
that any future expansion that is necessary will be on that
site.
0
30. - -- Discussion and
possible action to repeal Chapter 22 of the Code and create a
new Chapter 22 entitled "Public. Selling, Hawking, Soliciting,
Peddling and Canvassing on Public Roadways and Thoroughfares"
First Reading.
APPROVED
on first reading.
Mr. Henning read Imp. Ord.__L12JU by title.
Mr. Henning said this was prepared with the assistance of the law
office. of Alan Ruf and Chris Carsky and he welcomed Ray Ferraro
and his court reporter from the Fort Lauderdale News. He said
the City has had two circumstances which has caused a review of
the soliciting Ordinance. He said the first one was the Florida
Consumers Federation lawsuit which was filed in Federal court and
settled and there were certain suggestions that have come out of
that lawsuit regarding solicitation. He said more recently, the
City has been addressed by the Fort Lauderdale News.and Sun
Sentinel regarding public solicitation on the medians at 441 and
Commercial.81vd. He said the City has removed.Chapter 22 and
begun again and there has been a concern from the Police Depart-
ment concerning traffic safety at the particular intersection
involved.
Mr. Henning read Section 21-1 of the Code into the record, Line
24, of Temp.s?rd.___#11B2, "Findings of Fact and Purpose - It is
hereby found and declared that:
a) The primary purpose of public streets and roadways is for the
use by vehicular traffic.
b) The primary purpose of sidewalks and other pedestrian thor-
oughfares is for the use by pedestrian traffic.
c) The public streets and roadways are used by police, fire and
emergency medical service vehicles and equipment to provide
rapid travel and transport between points within and without
the City in order to provide maximum, high -quality protection
for the citizens of the City and those people who visit the
City.
d) It is in the best interests of the City to regulate the
pedestrian traffic within the public streets and roadways and
to encourage the free movement of pedestrian traffic along
sidewalks and other pedestrian thoroughfares.
e) Reasonable regulations of streets, roadways, sidewalks and
pedestrian thoroughfares, with regard to commercial activity
and other activities, including freedom of speech and press,
is necessary to protect the public health, safety and
welfare.
f) The regulations imposed hereby are justified by the health,
safety and welfare needs of the community and are designed to
have the least restrictive, effective and minimal impact upon
the rights of freedom of speech and press compared to the
alternatives available to achieve the desire and valid police
protection goals."
31
3/27/85
/Pm
Mr. Henning said he has offered to meet with Mr. Ferraro before
second reading of this Ordinance to discuss his comments.
Tape 8 Ray Ferraro, Jr., of the law firm of Ferraro, Middlebrooks,
Strickland and Fischer, said he is representing the Fort Lauder-
dale News/Sun Sentinel. He introduced Howard Greenberg, Vice --
President and Director of Circulation, and Jerry Lewis, Manager
for Single -Copy Sales, for the newspaper.
Mr. Ferraro thanked the City Attorney and Council for their
consideration of this item and for supplying them with a copy of
this. Ordinance for their review in advance of this meeting. He
said there are serious concerns, from a First Amendment
standpoint, with the Ordinance as presently drafted. He said
their program has been in existence in many other cities through-
out the United States and, they have been involved in this pro-
gram approximately one year. He said they are presently operat-
ing in the following cities, Fort Lauderdale, Sunrise,
Lauderdale -By -The -Sea, Davie, Oakland Park, Wilton Manors, all of
unincorporated Broward, Hollywood and North Miami Beach.
Mr. Ferraro said the items Mr. Henning read are really not "Find-
ings of Fact" but are conclusions that are reached. He said they
have approximately 26 locations that are being operated at the
present time in single -copy, hawker sales. He said they to this
date they have not had any incident of any accident occurring
because of the existence of these street -hawkers. He said they
are independent contractors. He said because the program is a
successful one, they are operating in some of the busiest
locations in Broward County. He said they have attempted to
improve the caliber of the people working in this position and,
from a safety standpoint, they are doing everything they can to
insure that safety is the prime consideration, not sales.
Mr. Ferraro said the hawkers have been provided with blaze orange
T-shirts, hats and money -changers in order for them to be highly
visible. He said they are all adults and are instructed how to
avoid impeding the flow of traffic. He said they are dealing with
the Fort Lauderdale, Davie and Hollywood Police, the Highway
Patrol, and Sheriff's Department. He said they have provided
each of these departments with the names of three high-level
people in case of any problems 24-hours a day. He said in the
various cities in which they are operating, they are not getting
complaints from the citizens with respect to the sales, rather,
there have been complaints as to why the vendor was not at their
usual location.
Mr. Ferraro said this Ordinance is a matter of a prior restraint
on the distribution of the news, which, in their opinion, is a
violation of the First Amendment. He said for all of those
reasons, he urged Council not place a restriction on the selling
of papers at locations in question. He said as drafted, this
Ordinance could create a greater safety hazard. He said at the
location of 441 and Commercial Blvd., if sales are banned for
150-feet in all directions, but allow sales beyond that 150-feet
from either a swale area and/or a sidewalk, hawkers could sell at
a location that is not normal with cars stopping when they are
not expected to, creating a more significant safety hazard.
Mr. Ferraro urged that those restrictions, with respect to the
newspapers, be deleted entirely. He said there are equal protecIP
-
tion arguments that might be involved if the City allowed a non--
profit organization to hawk at intersections.
32
3/27/85
/pm /.
00,
LJ
C/M Munitz asked if there were any accidents that Mr. Ferraro is
aware of and Mr. Ferraro said over a one-year period, they have
developed 26 locations and they have no knowledge of any accident
caused by the newshawkers. C/M Munitz asked if it were possible
they have not been informed of.any accident and Mr. Ferraro said
that is highly unlikely and they have not been sued.
V/M Massaro asked Mr. Ferraro if he must provide Fort Lauderdale
with some sort of insurance policy to protect them and Mr.
Ferraro said they are not an additional insured under their
policies but they have their own policy which protects the news-
paper for the acts of these independent contractors. Mr. Henning
asked if the Fort Lauderdale News would be willing to give the
City a Hold Harmless Agreement in exchange for licensing on this
type of a busy intersection. Mr. Ferraro said they are not
asking for the City to license them but he offered to take that
suggestion back to the appropriate people. He said he could
address that question within the next two weeks. V/M Massaro
said that would mean a great deal.
C/M Stein MOVED APPROVAL of Temp. Ord,_#1132 on first reading,
SECONDED by V/M Massaro.
Shirley Blumfield, resident, said this morning's edition of the
Sun Sentinel, Metro Section, had an article specifically directed
towards this problem. She said the gentleman was selling news-
papers on a corner, someone threw a can at him, his face was
fractured and there are dangers involved.
32. - T&mr), OrsL
#1179 - Discussion and possible action to repeal Section 28-
86.1 of the Code (Ordinance 84-60) which allowed 4-story
structures in an R-4A zoning district by special exception
(public hearing will be held Monday, April 1, 1985, at 5:05
P.M.).
YS NOPS•IS 0F_,AC2ION: TABLED
action to 4/l/85 at 5:05 P.M.
when public hearing will be
held.
Mr. Henning read Temp. Ord. tII7,9 by title.
Mr. Henning said because of the nature of the Ordinance, which
effects potentially more than 5% of the area of Tamarac, Florida
Statutes require an after 5:00 P.M. Public Hearing, which is
scheduled for 4/l/85. He said this should not be treated as a
first reading but the merits could be discussed or the scheduling
of future meetings on this subject.
C/M Stein MOVED to.TABLE this item to the Reconvened Meeting on
4/1/85. SECONDED by C/M Munitz.
YQIB:
C/M Stein asked for a legal opinion on this matter in writing
since it was passed by the Planning Commission, unanimously by
the Council and he questioned what type of vote was required to
offset this. Mr. Henning said C/M Stein is referencing a pro-
vision in Chapter 28 of the Code which states that applications
for Special Exceptions that are denied by the Planning Com-
mission, need to be passed by the City Council by 4 affirmative
votes instead of 3 affirmative votes.
33
3/27/85
/pm
Mr. Henning said there is some confusion because there is the
original action taken by Council which was the passing of an
Ordinance, 84--60, which established a procedure for 4-story
buildings. He said pursuant to the procedure in that.Ordinance,
a Resolution was passed for approval of a Special. Exception. He
said that Resolution was approved by the Planning. Commission and
then came to Council.
C/M Stein questioned whether the Council could reverse an action
of the Planning Commission. Mr. Henning said if Council were to
reconsider the Resolution which granted the Special Exception,
then C/M Stein's issue might be right.
29. Tj_agts_ .32 and 42 -- Temp■_ Reso._ #3577 -- Discussion and
possible action to approve a Stipulation and Agreed Order
regarding settlement of certain development fees.
SYNOPSIS OF, ACTION: TABLED
for further study.
Mr. Henning read Temp. aggQ_,� 13577 by title.
Mr. Henning said when the Plat was before Council for approval,
there were certain questions raised as to what credit should be
given to Leadership Housing and its successors for Recreation
Fees and possibly other impact fees. He said as he recalled, the
greatest question was on the Recreation Fee and whether or not
they had grandfathered rights under the Leadership Court Orders
that govern most of Land Sections 4, 5 and 6. He said at that
time, Council approved the plat and tabled any items regarding
the fees and stated in the approval of the plat that the question
of fees would be addressed at the site plan review stage.
Mr. Henning said there was a tabling on the first vote, it came
up at the next regular meeting and then, before Council could
consider it, there was a Motion for enforcement of the Court
Orders that was filed before Judge Weissing in the Circuit Court.
He said the developers were anticipating that the plat would not
be approved, however, it was approved at the next meeting. He
said since the Council did defer its consideration of the fees
until site plan approval, the developer is proposing that they
will defer their lawsuit until site plan approval.
Mr. Henning said in the cover letter from Mr. Potash of Tralins &
Pot -ash, in the second paragraph, it states, "Also enclosed in the
proposed Stipulation regarding Tract 2, simply to establish its
intervention...". He said this will allow Cardinal Industries to
be involved as the successor on a different Tract. He said he is
recommending for Council's approval the Stipulation and Agreed
Order as to Tracts 37 and 42.
V/M Massaro said she does not see any advantage in this at all
and she MOVED to TABLE any action until it can be studied fur-
ther. C/M Munitz asked if the question of guaranteed revenues
was involved in this at all and Mr. Henning said no, this was
Recreation Impact Fees.
C/M Stein SECONDED.
YQTE :
34
3/27/85
/pm
-0
33.
Discussion and possible action to repeal Section 28-194.1 of
the Code (Ordinance 84--72) which allowed this procedure
(public hearing will be held Monday, April 1, 1985, at 5:05
P.M.)
BX USI S_. OF ACTION: TABLED
to the meeting on 4/1/85 at
5:05 P.M.
Mr. Henning read Te P ox L_LUJM by title.
C/M Munitz MOVED to TABLE this item to the meeting of 4/l/85 at
5:05 P.M., SECONDED by C/M Gottesman.
VOTE: ALL YQT D_ AXE
36. _#3542 egg.-
Discussion and possible action regarding disposition of a
warranty bond posted for public improvements (tabled from
3/13/85).
APPROVED RESOLUTION NO. R-85-115 PASSED.
release of the warranty bond.
Mr. Henning read by title.
V/M Massaro MOVED .APPROVAL of Tgmp. Reso. 13542., releasing the
warranty bond in the amount of $21,889.04 as the remedial repairs
have been completed according to the Deputy City Engineer's memo
of 3/26/85. SECONDED by C/M Gottesman.
ri•�y
37. T. mp. Reso. 3578 -
Discussion and possible action to release two performance
bonds posted for public improvements subject to receipt of
one-year warranty bonds.
SYNOPSIS „(?F.,..ACTION: APPROVED RESOLUTION NO. R-85-116 PASSED.
releasing 2 Certificates of
Deposit.
Mr. Henning read ��_ by title.
C/M Munitz MOVED APPROVAL of , releasing
Certificate of Deposit #1000094 in the amount of $3,200 and
Certificate of Deposit #1040179 in the amount of $2,725 subject
to receipt of a one-year warranty bond in the amount of
$1,493.75. SECONDED by C/M Gottesman.
38. MPJ e X - -T-CIQ.
-- Discussion and possible action to call
performance bonds posted for paving/drainage, landscaping and
sidewalks/curbing.
SIN PSIS -OF- CTION: APPROVED. RESOLUTION NO. R-85-117 PASSED.
Mr. Henning read T&R8..._ReZ9._ #3579 by title.
V/M Massaro MOVED APPROVAL of , SECONDED by
C/M Munitz adding "as recommended by Bob Foy, Deputy City Eng-
ineer".
35
3/27/85
/pm
The following Letters of Credit will be :.called if an extension
has not been provided by 4/11/85;
NABG-R90760F - $61,240.50 - Paving/Drainage
NABG-R90761F - 2,750.00 -- Landscaping
NABG--R90762F - 18,625.00 -- Sidewalks/Curbing
VOTE:
39. Ashmont - Bond R91P.A.59 - Tempa. Reso. #3588 - Discussion and
possible action to release a bond posted to guarantee
installation of beautification.
SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-85-118 PASSED.
releasing a cash performance bond
in the amount of $2,025.00.
Mr. Henning read ,Temp. Reso. #3580 by title.
C/M Gottesman MOVED APPROVAL of Temp. Reso. #3580, SECONDED by
C/M Munitz.
YM :
40. Tamarac Town Square - Bond Release - jemb Reso._ .3581
Discussion and possible action to release two bonds posted to
guarantee installation of irrigation and beautification.
BSYNOPSIS OF_ACTIQN: APPROVED RESOLUTION NO. R-85-119 PASSED.
releasing a cash bond posted by
Pebb Industries and the cash bond
posted by Terre Neuve.
Mr. Henning read T mp. Reso. #3581 by title.
V/M Massaro MOVED APPROVAL of T9 Rego, 3581 as per the
recommendation of the Chief Building Official, SECONDED by
C/M Munitz.
ALL L Y9�p_ AIR
41. - bond Release -- Temp. ResQ-
#3582 -Discussion and possible action to release two bonds
posted to guarantee installation of irrigation and certain
engineering items.
_SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-85-120 PASSED.
releasing two cash bonds.
Mr. Henning read by title.
C/M Munitz MOVED APPROVAL of Tip: Reso. #3582, SECONDED by
C/M Gottesman.
f'!" 0I 0
FIFW09TOW
C/M Stein - No report.
C/M Munitz - No report.
C/M Gottesman - No report.
V/M Massaro - No report.
Mayor Kravitz - No report.
36
3/27/85'
/pm
43. CitYpo - No report.
16. Bid ,AWard - - Discussion and possible
action to award a bid for a communications system for the TUW
office building - Project 84-17.
SYNOPSIS OF -ACTION-. RESOLUTION NO. R-85-109 PASSED.
Discussed previously (See Page 27).
RECONSIDERED and APPROVED.
City Manager Johnson said since the building is being constructed
now, it is important that the phone system be installed at this
time. He asked for Reconsideration of this item. C/M Munitz
MOVED to RECONSIDER this item, SECONDED by V/M Massaro.
Mayor Kravitz noted that was read into the
record when discussed previously. City Manager Johnson said
staff recommends the bid be awarded to Dow Telephone Co. in the
amount of $7,765.55 with funds to come from the R & R Account.
V/M Massaro MOVED APPROVAL of , SECONDED by
C/M Munitz.
YOTE:
REPQRTS
Mr. Henning thanked Council for sending him to a Seminar on
3/22/85 and 3/23/85 for the Local Government Attorneys and it was
very informative.
Mayor Kravitz adjourned the meeting at 4:30 P.M.
a
MAYOR
ATTEST:
ASSISTANT CITY CLERK
This public document was promulgated
$8.86 per copy to inform the general
and employees about recent opinions
City Council of the City of Tamarac.
CITY OF TAMARAC
DYED AT IMEEJING OF
City Clerk 37
at a cost of $319.20 or
public and public officers
and considerations by the
3/27/85
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