HomeMy WebLinkAbout1986-04-09 - City Commission Regular Meeting MinutesTq
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P.O. BOX 25010
TAMARAC, FLORIDA 33320
RECORD QF COUNCIL DISCU5SIONS AND ACTIONS
FIF,ST CLASS MAIL
CITY OF TAMARAC
CITY COUNCIL
REGULAR COUNCIL MEETING
WEDNESDAYt AP IL 9 9$
CALL TO.ORDE : 9:00 A.M.
ANNOUNCEMENT OF TIME _ALLOM_IONS - MOTIONS TO _TABLE - The Chair
at this time will announce those items which have been given a
specific time to be heard, and will entertain motions from
Council members to table those items which require research.
Council may agendize by majority consent matters of an urgent
nature which have come to Council's attention after
publication.
PRESENTATIONS
1. Armenian Malty_rs!.._Dav- - Presentation of a proclamation by
Mayor Hart designating April 24, 1986, as "Armenian
Martyrs' Day".
FINAL ACTION:
Proclamation w s presented -to Alic orian
BOARDS AND COMMITTEES
2. BeautificationC4mmittee - Temp. Ord, #1.251 - Discussion
and possible action to repeal Article II of Chapter 6 in
order to dissolve the Beautification Committee. First
Reading.
FINAL ACTION:
APPROVED on first reading. Second reading will be on
-Monday, 4 28 86 at 6:00 P.M.
3. Planning Commission - Temp. Ord, #125.2 - Discussion and
possible action to amend Article III of Chapter 28 to
amend the powers and duties and membership of the Planning
Commission. First Reading.
FINAL ACTION•
APPROVED on first reading. Second reading will be on
Monday, 4 28 86 at 6:00 P M.
4. Proposed Plan Adjustment Comm'tte - Temp.,-rd. #1254--
Discussion and possible action to amend the Code to
establish this committee with powers and duties to review
and approve all minor adjustments or upgrades to site
plans which have been previously approved by the City
Council. First Reading.
FINAL ACTION:
TABLED to the 4/23/86 Council meeting at the suggestion of
the Consultant City Attorney.
PAGE 1
4/9/86
5. Items listed under Item #5, Consent Agenda, are viewed to
be routine and the recommendation will be enacted by Qne
o n 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 2/26/86 - Regular Meeting - Approval
recommended by City Clerk.
b) Minutes of 3/12/86 - Regular Meeting - Approval
recommended by City Clerk.
c) Minutes of 3/19/86 - Special Meeting - Approval
recommended by City Clerk.
d) Alan F. Ruf - Consulting City Attorney - General
Services - 3/31/86 - $5.,064.25.
e) Alan F. Ruf - Consulting City Attorney - City Prosecu-
tion Services - 3/31/86 - $1,687.25.
f) English, McCaughan & O'Bryan - ESM Litigation
Expenses - 3/24/86 - $1,089.62 - Approval recommended
by Finance Director.
g) English, McCaughan & O'Bryan - ESM Litigation
Expenses - 3/18/86 and 3/19/86 - $436.81 - Approval
recommended by Finance Director.
h) Mitchell Ceasar - Grants Consultant - Widening of
University Drive - 3/26/86 - $731.25 - Approval
recommended by City Manager.
i) Admiral Insurance Agency - Automobile Liability
Insurance Policy Extension through Peninsular Fire
Insurance Company -- Policy period of 10/1/85 to l/1/86
$23,869.00 - Approval recommended by Personnel
Director.
j) Tamarac Park Satellite Building - Approval to pay the
following invoices as recommended by the Chief Build-
ing Official:
1) Anchorage Air Conditioning - 3/26/86 - $6,637.90
(includes an add -on to contract in the amount of
$250.00)
2) Level Line Tile Company, Inc. - 4/3/86 - $3,199.00
(includes an add -on to contract in the amount of
$145.00)
3) Nick Lang - Contractor - 3/31/86 and 4/3/86 -
$3,635.00
4) Elite Drywall, Inc. - 3/21/86 - Invoice 3227 -
$80.00 (add -on to contract for repair of all
exterior wall light boxes where electric pipe
comes out of wall)
5) Hal Kresser (Painting) - 4/3/86 - $4,450.00
6) Ace Electric, Inc. - 4/l/86 - $7,590.00
k) Uniform Building Codes - Opposing passage of a Uniform
Building Code by the 1986 State Legislature - TeMp.:
Reso. #4083
1) Belfort - Phase I -
1) Release of a warranty bond posted for the water
distribution system - Temp. Reso. #4073
2) Calling of a warranty bond posted for the sewage
collection system - jemp. Reso. #4074
m) Utilities West - Release of a performance bond posted
by Frenz Enterprises, Inc., for sewage, grit and
sludge removal and disposal in connection with
Bid #85-4 - Temp, -Res 4075
n) Versailles Gardens - Approval to renew a model sales
permit for a six month period from 4/22/86 and to
expire on 10/22/86.
11
PAGE 2
4/9/86
o) BOABDS AND COMMITTEES
Announcement of expiration
in May of the terms of
office for positions on the
following boards and
committees:
Beautification Committee
5 regular and up to 3
alternate positions
Public Information Committee
At least 3 members
City Photographer
1 position
Assistant City
Photographer
l position
Board of Social Services
3 or more members
Recreation Board
Not less than 5 members
Fishing Commissioner
2 positions
Welcoming Committee
5 or more members
Burglar Alarm Review
Committee
5 members
Veterans Affairs Committee
5 or more members
Investment Advisory
Committee
5 members
Insurance Advisory
Committee
5 members
Commissioner of Human
Relations
1 position
Board of Consumer Affairs
12 members
- FINAL ACTION: RESO,
N0, R-86-109 PASSED
RESO,
N0. R-86-114PASSED
RESO,
NO, R-86-12IPAgSED
APPROVED Items a) through o), except
for Item L) 2), which
was REMOVED f the agenda,
GENERAL _ADMINISTRATIVE/FINANCIAL
6. Confidential, Super igg,ly gnd Managgrial
Employees - Temp.
Reso. #3811 -- Discussion and possible
action to approve a
pay plan and benefit package for
these employees (tabled
from 3/26/86).
FINAL ACTION: RESO,
N0, R-86-111 PASSED
APPROVED Temp. Reso. #3811 except
for all provisions as
to sick leavg, which e TABLED
until there is a ort
7. Ambulance Malpractice Insurance
- Discussion and possible
action on purchase of this coverage (tabled from 2/12/86).
FINAL ACTION:
APPROVED the proposal by the Personnel Director to endorse
the coverage through the Florida League of CTt'ies onto
the City's existing policy at the $1,000,000.00 limit for
$3,680.00.
�8. Tract 27 Park - Review of a site plan for Council's
recommendations and suggestions to staff on the recrea-
tional portion of this tract. Discussion and possible
.action.,
FINAL ACTION:
The Public Works Director and City Engineering Department
were authorized to recommend what the costs and time frame
would be for operating and maintaining the proposed 10
tennis courts. The approximate cost for 10 tennis courts
Would 000
9. Tamarac ark - Temp.. ggs_o_, #4072 - Discussion and possible
action on repeal of Resolution 86-71 which established a
user fee schedule for use of the tennis courts at Tamarac
Park.
FINALA=ION: RESO, NQ. B-86-112 PA5SED
APPROVED.
PAGE 3
4/9/86
10. Rglice DeRgrtmenta 'c - Discussion and possible
action to authorize solicitation of bids for six (6) 1987
patrol vehicles.
FINAL ACTIO :
The City, _. to solicit bids.
11. Investment Ad isory Committee - Report - Discussion and
possible action.
FINAL C I :
No action was taken on a report that was given via the
Finance Director's memo to Council and the City Manager,
dated 4/2/86 regarding Stripped Treasury Bonds and
ou
12. Resgurce Rgcoveryc dv' - Temp.
Reso. #40.80 - Discussion and possible action to appoint a
member from Tamarac to this committee.
FINAL ACTION]: RE09, NO, R-86-113
APPROVED appointing Bill Greenwood, Utilities
Director/City Engineerg gr his deSianee_
13. Brgward Cogntyu s - Discussion and
possible action.
FINAL REPORT:
Mayor Hart reported that he attended a meeting last week
welcoming all newly elected officials. He said next week
he and the Vice Mayor will be going to Tallahassee for
"grgward a "
14. Northwest Council of Mayors Business - Discussion and
possible action.
FINAL ACTION:
Mayor Hart reported that there will be a meeting held on
4ZI4/.86 of this groulp ande s no further---reRort,--
TANARAC UTILITIES
15. Utilities W!tst - Two Separate and_ Aerations
and maintenance - 0 - Discussion and
possible action to approve a contract with Daniel E.
Adache & Associates/Russell & Axon, Inc., for engineering
and architectural services (tabled from 3/12/86)
FINAL :
APPROVED as follows:
1. Engineering Agreement titled "City of Tamarac,
Conceptual, Preliminary and Final Design and Construc-
tion Management Services".
2. Addendum No. 1 and authorized staff to
its entirety, in the amount of $18,500.
3. Addendum No. 2 and authorized staff to
the following phases of work:
Phase I - Programming $15,000
Phase II - Schematic Design 16,000
Phase III - Design Development 18,500
TOTAL $49,500
implement in
implement 2nly
1
L�
i
PAGE 4
4/9/86
4. Addendum No. 3 and authorize staff to implement only
the following phases of work:
Phase I - Schematic Design $33,750
Phase II - Design Development 24,250
TOTAL $58,000
-Total guthorizatign is $126,000
:6. Utilities West - Water Treatment -Plant Improvement
Improvements - Design Phase(Project84-20) - Discussion
and possible action to accept the selection committee's
order of ranking of engineering consultants and
authorization for staff negotiation with the number one
ranked firm.
FINAL ACTION:
Council ACCEPTED the Selection Committee's recommendation
and aut or'zed staff negotiations with Ha & w e
17. Utilities West - Uniyersity Drive Utility-Hplocation
(Proiect�86-21 - Discussion and possible action to accept
the selection committee's order of ranking of engineering
consultants and authorization for staff negotiation with
the number one ranked firm.
FINAL ACTION:
Council ACCEPTED the Selection Committee's recommendation
and authorized staff negotiations with w
18. Utilities West - 201 Pump tat'on and Fo ce Mai
(,Project 86-51 -- Discussion and possible action to accept
the selection committee's order of ranking of engineering
consultants and authorization for staff negotiation with
the number one ranked firm.
I,INAL ACTION:
Council ACCEPTED the Selection Committee's recommendation
and authorized -staff negotiations with Hazen & Sawyer,
19. Utilities West - Billing Cycle - Report by
Engineering on the merits of bimonthly instead of monthly
meter readings and billing cycle and authorization to
staff to advertise for a public hearing to effect this
change. Discussion and possible action.
FINAL ACTION:
APPROVAL was given for the Utilities Department to adver-
tise for public hearing. Council is to receive a memo
from the Finance Director and Utilities Department before
t scheduled public hearin
20.
Utilities
West -- 201 Plan - Temp. R-es.o, 44081 -
Discussion
and possible action to authorize
the appro-
priate City
officials to execute wastewater
capacity lease
agreements
with the Cities of Pompano Beach,
Deerfield
Beach and
Broward County, and authorization
to make the
necessary
lease payments.
INAL ACTION:
BESO. No. R-8_ 6-1.1.4
PASSED
APPROVED.
21. Utilities West - New Bond Issue - Selection of
Underwriters - Temp. Regg. #4084 - Report and discussion
and possible action. (tabled from 3/26/86)
F I NAL__ACT I ON :
TABLED to the Special Council meeting on 4/11/86 at
7.00 P M
PAGE 5
4/9/86
22. Utilities East - Discussion and possible action on:
a) Bill of Sale transferring ownership of the Tamarac
Pumping Station from the City of Fort Lauderdale to
the City of Tamarac - Temp, Reso,
b) Second Amendment to the Large User Wastewater Agree-
ment between Tamarac and the City of Fort Lauderdale-
TCMD. Reso. #4021
(tabled from 3/26/86)
FINAL ACTION: RESO, NO. R-86-115 PMM
RESO, NO. R-86-116 PMSED
APPROVED
LEGAL AFFAIRS
23. All Sgryice Rgfuse Cg. - n
Franchise - Temp. Ord. #1245 - Discussion and possible
action to renew this franchise for one year. First
Reading.
FINAL ACTION:
APPROVED on first reading, second reading will be held on
Monday, 4 8 8 6:00 P.M,
24. Browning Ferris Industries qf Florida, Inc -
Commercial a b 11 ct' Franchise Tsm Ord,
-
#1246 - Discussion and possible action to renew this
franchise for one year. First Reading.
"INU ACTION:
APPROVED on first reading, second reading will be held on
Monday, 28 8 •0 P.M.
25. County Waste, Ing, - Commergial Garbage
Franchise - Temp. Ord, #1247 - Discussion and possible
action to renew this franchise for one year. First Reading
FINAL C I
APPROVED on first reading, second reading will be held on
Monday,4 $6 at 6:0Q P.M.
26. Industrial Waste Services.. rn.• - Commexcial
Cgllection Franchise - Temp. Or�#124-8 - Discussion and
possible action to renew this franchise for one year.
First Reading.
FINALC I :
APPROVED on first reading, second reading will be held on
Mond 28 86 at 6:00 P M
27. Ronkoma, Corporation - Commergial Garbaggct o
Franchise - Temp. Ord, #1.249 - Discussion and possible
action to renew this franchise for one year. First Reading
INAL ACTI :
APPROVED on first reading, second reading will be held on
Mond 8 86 at 6.00 P.M.
28. Southern Sanitation erv.ice - gommercial_Oarbaae
Collection Fr n 's - Temp. Ord- #1259 - Discussion and
possible action to renew this franchise for one year.
First Reading.
FINAL ACTION:
- APPROVED on first reading subject to receipt of an add-
itional $2,000 bond before second reading will be held on
Mondgy,28 t E00
PAGE 6
4/9/86
29. Homeowner-WarrantBonds - Temp. Ord. #.1243 - Discussion
and.possible action to amend Chapter 7 of the Code to
revise the HOW bonding requirements for multi -family
rental developments. Second Reading. (Public hearing held
3/12/86).
FINAL ACTION:
T TABLED
•
30. Spring House xfo d Industries - Discussion and possible
action on:
a) Development Agreement - Temp, eso #3994
b) Tri-Party Agreement between the City, Oxford Indus-
tries and Florida National Bank - Temp. RP_s_o.
#4082
c) Report from Engineering Department regarding drainage
(located at the northeast corner of Commercial Boulevard
and Rock Island Road, to the rear of Sabal Palm Golf
Course Clubhouse)
FINAL ACTION:
a) This item was referred to the Planning Commission with
the directive that the Planning Commission review the
plan and that the City Council today has approved the
concept of this Developers Agreement.
b) TABLED and c) No action on Bob Foy's memo #E86-206,
dat d 4 4 86.
1. John-PUdy vs. the City of Tamarac - Discussion and
possible action to increase the legal fees authorized to
Attorney John Gronda, who is representing the City in this
matter.
FINAL ACTION:
-AUROYED raising the cap for 1 al fees to 7 500.
32. Chartcr &Mgndments - Report - Discussion and possible
action regarding the Order of Judge Garrett on the injunc-
tion of Amendments No. 2 and 7 on the March 11, 1986
ballot (tabled from 3/26/86)
FINAL ACTION•
TABLED. The Consultant City Attorney should contact
Mr. augarman concerning this.
33. Employee Retirement Plan - Discussion and possible action
on:
a) Amendment of Section 19-1.2(q) and (r) of the Code to
provide for an annual budget - Temp. Ord. #1238. First
Reading.
b) Amendment of Section 19-1.2(p) of the Code to delete
the Charter Board member from the Administrative Board
and to require approval of a majority of the Board
instead of approval of the members present to take
affirmative action. Temp. Qrd, -#1237 First Reading.
c) Amendment of the Plan to provide for amending the
City's contribution and concerning tax deferral of
member contributions - Temp. Ord,_41253. First
Reading.
d) Appointment of Trustee
e) Payment of secretarial expenses to be reimbursed to
the Personnel Department from Pension Plan funds.
PAGE 7
4/9/86
f) Payment of expenses incurred by Peter Prior in the
court action seeking an injunction concerning Amend-
ments No. 2 and 7 on the March 11, 1986 ballot
g) Payment of invoice from Facciani & Company in the
amount of $445.50 (tabled from 12/11/85).
h) Authorization for recalculation of actuarial valuation
for the IAFF with funds coming from the Pension Plan.
1NAL ACTIQN:
a) APPROVED Temp. Ord. #1238 on first reading. Second
reading will be held on Monday, 4/28/86 at 6:00 P.M.
b) APPROVED Temp. Ord. #1237 on first reading as amended
to delete a designated Charter Board member and to allow
the Mayor the opportunity to either serve or to appoint
another Council member to serve. Second reading will be
held on Monday, 4/28/86 at 6:00 P.M.
c) TABLED.
d) Marilyn Bertholf was appointed as Trustee.
e) APPROVED.
f) APPROVED payment of actual bills incurred concerning
injunction but not prior bills included on invoices
with approval of the Pension Board.
g) APPROVED.
APPROVED at a cost
34. t' n and Major Medical Villugtion
Discussion and possible action to approve a three-month
- valuation by Kruse, O'Connor and Ling to comply with State
requirements.
FINAL ACTIO
for the sum of $1 500.00.
.;,UBLIC HEALRIN — 2:00 P.M.
35. REBB Entcrprisgs -Parking Waivgg- Petition #2-Z-86
76 - Discussion and possible action on a
request for limited waiver to the parking requirements in
Chapter 18 of the Code to allow ninety (90) degree parking
at a proposed development on the southwest corner of
University Drive and McNab Road.
ROVED, Public bg§rinq--was held.
COMMUNITY DEVELOPMENT
36. Sun Bank -
Discussion
reflecting
(Northeast
Avenuel.
Rgyised Site Plan - Temn. Reso. #4M
and possible action on a revised site
addition to the bank building.
corner of Commercial Boulevard and NW
plan
79
woodMont Tract 48 lWaterford d on - Discussion and
possible action on:
a) Revised site plan for additional parking spaces -
Temp. Reso. #4057 (tabled from 3/26/86)
b) Revised site plan reflecting revisions at the model
sales area - T§mp. Reso.,#4078
c) Waiver of the 300-foot distance requirement for
issuance of certificates of occupancy (tabled from
2/12/86)
LJ
1
PAGE 8
4/9/86
FINAL ACTIO :
RESO. N0, R-86-119__PASSED
RESQ. NO.-86-120 PASSED
38. Model Sales Facility Distanceaive s - Discussion and
possible action on:
a) Waiver form
b) Waiver of the 300-foot distance requirement for
issuance of certificates of occupancy for the
following:
1) Woodmont Tract 72-C (Pineapple Park)
2) Treehouse Apartments
(tabled from 2/12/86)
FINAL ACTT :
APPROVEDand b 1and 2 .
39. C to ookwood rd ns - Discussion and pos-
sible action on:
a) Model sales facility - Units 30 - 32
b) Waiver of the 300-foot distance requirement for
issuance of certificates of occupancy
(tabled from 2/26/86)
FINAL ACTION:
TABLED for payment of fees in arrears in the amount of
165.10 for Guaranteed Revenugs,
400' Golf Villas of Saba.l_ Palm -- Discussion and possible action
on a request to substitute a Letter of Credit for a cash
bond which was posted as a homeowner warranty (tabled from
3/26/16)
INAL ACTIO :
Authorized the return of the cash bond posted for Building
#6 as Letter of Credit #1200 has been posted to replace
the cash.
REPORTS
41. City Council
42. City Manager
FINAL ACTION:
Requested Mayor Hart to call a meeting for the 6 month budget
review. A Special Meeting was called for 9:00 A.M., Tuesday,
4 22 86.
43. City Attorney
AGENDIZED_BY.QQHSENT
44. CH2M_H_i11 - 3 Invo-ices - Discussion and possible action.
FINAL ACTION:
APPROVED payment of the following:
1) $54.16 - 4/7/86 - TUW - Charge to Account #434-507-599-324
named Sludge Dewatering.
2) $4,735.50 - 4/7/86 - TUW - Charge to Account
#434-506-598-324 named Deep Well Injection
3) $12,255.41 - 4/7/86 - TUW - Charge to Account
434-510- 5- 24 named NW Force Main,
PAGE 9
4/9/86
45. Agrgement with Williamg, Hat nc,-
Sanitary Sewerb' - �2j_ect 84-4 -� LU
o n e "
�1,000200- Discussion and possible action.
LI- � 0
;•oilr
46. Tamarac glejMentary-Schopj- Traffic Light at NW 78 Strget and
University__ rive - Discussion and possible action.
I CTI :
City Manager Perretti gave a report and requested that action
be held for a report by Judy Hunt, of the School Board,
n s• -way light,
47. Temp_ Ord. 11255 - Combining the welcoming Comma, tee_ and
the Public Information Committee - Discussion and possible
action. First Reading.
FINAL _ACT I.O :
APPROVED on first reading as amended on Line 21, the word
"may" will be replaced with "shall". Second reading will be
48. - combining the Veterans Af firs
Committee and Recreation Committee - Discussion and possible
action. First Reading.
FINAL A TI:
APPROVED on first reading. Second reading will be held on
Monday, 4 2$ 8 •0
49. en t Woodmont - Site Plan and_ Items -
Discussion and possible action.
FINAL ACTION_:
TABLED until after the Ordinance relating to fees for
futurg traffic needs is-aRproved,
50. Water Bills - Discussion and possible action. -
FINAL hCTI
fficem
TABLgQ and refgrred to the e - •
51. TemR. Ord, #1257 - Rep a�D.g Position of Commissioner
of Human Relati9ns - Discussion and possible action.
First Reading.
„F, I NAL ACTION :
APPROVED on first reading. Second reading will be held on
Monday. 4/28/86 at 6:00 P.M.
City Council may consider and act upon such other business as may
come before.it.
Pursuant to Chapter 286.0105, Florida Statutes, if a person
decides to appeal any decision made by the City Council with
respect to any matter considered at such meeting or hearing, he
may need to ensure that a verbatim record of the proceedings is
made which record includes the testimony and evidence upon which
the appeal is based.
Carol E. Barbuto
Assistant City Clerk
PAGE 10
4/9/86
1
I
N O T I C E
Because of the Passover Holidays, the April 23, 1986 Regular City
Council Meeting is planned to be a half day session from 9:00 A.M.
z_o 12:00 noon.
SPECIAL MEETINGS, PUBLIC HEARINGS AND CORK H P
Tuesday, April 8, 1986 - 2:00 P.M. - City Council Workshop
Meeting - Reorganization of City
Committees and the Benefit Package
and Pay Plan for Confidential,
Managerial and Supervisory Employees
Friday, April 11, 1986 - 7:00 _.M. - Public Hearing on
Future Traffic Needs Ordinance
Saturday, April 12, 1986 - 2:30 P M - Interview with Dennis
Sparks, candidate for City Manager
position.
PAGE 11
4/9/86
CITY OF TAMARAC, FLORIDA
REGULAR CITY COUNCIL MEETING
April 9, 1986
Tape 1 CALL TO ORDER: Mayor Hart called the meeting to order at
9:00 A.M. on Wednesday, April 9, 1986 in Council Chambers.
ROLL CALL: PRESENT:
Mayor Bernard Hart
Vice Mayor Sydney M. Stein
Councilwoman Helen Massaro
Councilman Jack Stelzer
Councilman Arthur H. Gottesman
ALSO PRESENT:
Larry Perretti, City Manager
Alan Ruf, Consulting City Attorney
Carol E. Barbuto, Assistant City Clerk
Patricia Marcurio, Secretary
MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Hart called for a
Moment of Silent Meditation followed by the Pledge of Allegiance.
BOARDS AND COMMITTEES
4. Proposed Plan Ad'ust nt Commi tee - Temp. Qgd.#1254 -
Discussion and possible action to amend the Code to establish
this committee with powers and duties to review and approve
all minor adjustments or upgrades to site plans which have
been previously approved by the City Council. First Reading.
$YHPSI5,_OF ACTION: TABLED
to the 4/23/86 Council meeting
at the request of the City Planner.
C/M Stelzer MOVED to TABLE this item to the 4/23/86 Council
meeting at the request of the City Planner, SECONDED by
C/W Massaro.
VOTE: ALL VOTED AYE
CDN$ENT AGENDA
5. Consent Agenda -
L) Belfort - Phase I -
2) Calling of a warranty bond posted for the sewage collection
system - Temp__Resa_._#4074
SYNOPSIS OF ACTION: (See Pages 26 & 27).
L) 2) REMOVED from the
agenda since the bond has
been extended.
C/M Stelzer MOVED to REMOVE L) 2) from the agenda since the bond
has been extended, SECONDED by C/M Gottesman.
VOTE: ALL VOTED AYE
LEGAL AFFAIRS
33. Empluee R t'rement Plan - Discussion and possible action on:
c) Amendment of the Plan to provide for amending the City's
contribution and concerning tax deferral of member contri-
butions - Temp. Qrd. #1253. First Reading.
SYNOP,9IS OF ACTION:
TABLED.
1
4/9/86
/pm
C/M Stelzer MOVED to TABLE the c) portion of this item, SECONDED
by C/W Massaro.
VOTE: ALL VOTED AYE
TAMARAC UTILITIE
21. Utilities W st - Ngw Bond Issue - Selection of
Underwriters - _Temp. Reso., #4084 - Discussion and possible
action. (tabled from 3/26/86)
SYNOPSIS OF ACTION:
Temp. Reso. #4084 was
added to this item. (See Pages 15 thru 18).
C/M Stelzer MOVED to add Te . Reso. #4084 to this item, SECONDED
by C/M Gottesman.
VOTE:
ALL VOTED AYE
GENERAL ADMINISTRATIVE/FINANCIAL
44. CH2M Hill - 3_In_voices - Discussion and possible action.
SYNOPSIS OF ACTION:
Agendized by Consent. (See Page
C/M Stelzer MOVED to Agendize this item by Consent, SECONDED by
C/W Massaro.
VQTE: ALL VOTED AYE
City Manager Perretti said he received a call from the Engineering
Department a few minutes ago requesting that the bill in the
amount of $1,353.00 be removed from this list.
45. A reement with Williams Hatfield & Stoner, Inc -
Sanitary Sewer Rehabilitation - Project 84-44 - For
Completion of "Project Review Performance Certification"
$11000.00 - Discussion and possible action.
SYNOPSIS OF ACTION:
Agendized by Consent. (See Page 36).
C/M Stelzer MOVED to Agendize this item by Consent, SECONDED by
C/M Gottesman.
VQTE:
ALL V TED AYE
46. Tamarac_ Elementary_.._ School - Traffic Light at NW 78 Street
and U iverslty Drive - Discussion and possible action.
SYNOP59Ia OF ACTION:
Agendized by Consent. (See Pages 36 & 37).
C/M Stelzer MOVED to Agendize this item by Consent.
C/M Gottesman.
TE: ALL VOTED AYE
2
4/9/86
/pm
SECONDED by
1
BOARDS AND COMMITTEES
47. Temo. Ord. #1255 - Combining he Welcoming Committee and
the Public Information Committee - Discussion and possible
action.
SYNOPSIS OF ACTION:
Agendized by Consent. (See Pages 37 & 38).
V/M Stein MOVED to Agendize this item by Consent, SECONDED by
C/M Stelzer.
TE: ALL VOTED AYE
48. Temp. Ord 11256 -- Combining the Veterans Affairs Committee
,Ind Regggatign CoMmittee - Discussion and possible action.
SYNOPSIS OF ACTION:
Agendized by Consent. (See Page 38).
V/M Stein MOVED to Agendize this item by Consent, SECONDED by
C/M Stelzer.
VOTE: ALL VOTED AYE
COMMUNITY DEVELOPMENT
49. Centre at Woodmont -- Site Plan and Related Items -- Dis-
cussion and possible action.
SYNOPSIS, OF ACTION:
Agendized by Consent. (See Pages 34 & 35).
C/W Massaro MOVED to Agendize this item by Consent, SECONDED by
C/M Stelzer.
TE: ALLVOTED AYE
GENERAL ADMINISTRATIVE/FINANCIAL
50. Water Bills - Discussion and possible action.
SYNOPSIS OF ACTION:
Agendized by Consent. (See Page 38).
C/W Massaro MOVED to Agendize this item by Consent, SECONDED by
C/M Gottesman.
VOTE: ALL VOTED AYE
P ESENTATIONS
1. Armenian MMggtvrs' Day -- Presentation of a proclamation by
Mayor Hart designating April 24, 1986, as "Armenian Martyrs'
Day
SYNOPSIa OF ACTION:
Proclamation was presented
to Alice Norian.
Mayor Hart presented this proclamation to Alice Norian.
3
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BOARDS AND COMMITTEES
2.-eautificat"n_Committee - Temp_. Ord. 11251 - Discussion and
possible action to repeal Article II of Chapter 6 in order to
dissolve the Beautification Committee. First Reading.
SYNOP5IS OF ACTION:
APPROVED on first reading.
Second reading and public hearing
will be held on 4/28/86 at 6:00 P.M.
Mr. Ruf read Temp. rd. #1251 by title.
V/M Stein MOVED APPROVAL of Tem Ord. #1251 on first reading,
SECONDED by C/M Stelzer.
Florence Bochenek, Chairperson of the Beautification Committee,
asked if the members of the Planning Commission were notified that
whomever is Chairman of that Commission, when joined with the
Beautification Committee, will be responsible for the paperwork
now being done by her. She said it involves signing off of all
permits, preparing the memos for landscaping, etc.
Mayor Hart said if this Ordinance is passed on second reading, the
Council will appoint the new Commission and it would be a matter
of procedure for the new Planning Commission to decide.
Martin Schoenfeld, Planning Commissioner, said he is in accord
with Council to streamline the development process as much as
possible. However, he said, both the Beautification and Planning
Commission proposals are so intertwined that he was concerned
about the effect this would have on both groups. He said just
increasing the number of members on the Planning Commission will
slow down the process since all members will want to speak on each
issue.
Commissioner Schoenfeld said an additional item of Beautification
is being added to each site plan review and this requires much
study and discussion. He said this would tremendously increase
the workload of the Planning Commission and would require extra
working days for the Planning Commission. He said this would
require secretarial work, etc.; therefore, there would be no
financial savings for the City.
Commissioner Schoenfeld said by combining these two groups, the
Council would bring into being a Commission where two completely
different expertises are required. He suggested a Workshop
Meeting be called including the Beautification Committee, the
Planning Commission, the City Planner and anyone else Council
feels should be there in order to review the entire process.
He said if, after a Workshop Meeting of this type were held,
Council was not satisfied with the findings, these proposed
Ordinances could again be considered.
Melanie Reynolds, resident, said when Chapter 176 was repealed,
the Planning Commission and Board of Adjustment were put into the
Charter under Chapter 163. She said when the new Charter was
written, they did not refer to Chapter 163 per se but spoke about
this being under the State Statutes. She said there have been
several changes lately for Planning and Zoning Commissions both in
Chartered Counties and non -Chartered Counties. She asked how the
plans of this Council will fit in with the State's desire as far
as Planning and Zoning Commissions are concerned.
V/M Stein said there was a Workshop Meeting held yesterday and he
noted that Commissioner Schoenfeld should have been present to
discuss his views. He said Council did check with other cities
and found that most cities have a combined Beautification/Planning
Commission.
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4/9/86
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1-1
V/M Stein said the only objections Council has
from the Committees. He said staff, developers
Council feel this would be an asset. He noted
difficult and if this procedure does not work,
appoint a new Beautification Committee.
Wks—kil
C/M Gottesman
Nay
C/M Stelzer
Aye
C/W Massaro
Nay
V/M Stein
Aye
Mayor Hart
Aye
heard to date are
and most of
that changes are
the Council could
3. Planning Commission - Temp. Ord,#1252 - Discussion and
possible action to amend Article III of Chapter 28 to amend
the powers and duties and membership of the Planning Com-
mission. First Reading.
_Y�aISOF_ACTION:
APPROVED on first reading.
Second reading and public hearing
will be held on 4/28/86 at 6:00 P.M.
Mr. Ruf read Temp, rd #1252 by title.
C/M Stelzer MOVED APPROVAL of TemR. Ord #1252, SECONDED by
V/M Stein.
VOTE:
C/M Gottesman Nay
C/M Stelzer Aye
C/W Massaro Nay
V/M Stein Aye
Mayor Hart Aye
LLCAL AFFAIRS
33. EmPlovee Retirement Plan -- Discussion and possible action on:
a) Amendment of Section 19-1.2(q) and (r) of the Code to
provide for an annual budget - Temp. Order #1238.
First Reading.
b) Amendment of Section 19-1.2(p) of the Code to delete the
Charter Board member from the Administrative Board and to
require approval of a majority of the Board instead of
approval of the members present to take affirmative action.
Temp, Ord #1237. First Reading.
c) Amendment of the Plan to provide for amending the City's
contribution and concerning tax deferral of member
contributions - Temp, Ord #1253. First Reading.
d) Appointment of Trustee
e) Payment of secretarial expenses to be reimbursed to the
Personnel Department from Pension Plan funds.
f) Payment of expenses incurred by Peter Prior in the court
action seeking an injunction concerning Amendments No. 2
and 7 on the March 11, 1986 ballot.
g) Payment of invoice from Facciani & Company in the amount of
$445.50 (tabled from 12/11/85)
h) Authorization for recalculation of actuarial valuation for
the IAFF with funds coming from the Pension Plan.
SSYYNOPSIS OF ACTION:
a) APPROVED on first reading.
b) APPROVED on first reading as amended.
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4/9/86
/pm
SYNOPSIa OF ACTION: Cont'd.
c) TABLED (See Pages 1 & 2)
d) Marilyn Bertholf was appointed as Trustee.
e) APPROVED.
f) APPROVED payment of actual bills incurred
concerning injunction but not prior bills
included on invoices with approval of Pension
Board.
g) APPROVED.
h) APPROVED at a cost of $100.
a) Mr. Ruf read Tem . Ord. #1238 by title.
C/M Stelzer said this Ordinance involves including an annual
budget in the Retirement Plan and he MOVED APPROVAL of TeMR,
Ord. #1238 on first reading, SECONDED by V/M Stein.
T E : ALL V TED AYE
b) Mr. Ruf said at Council's request Tem . Ord #1237 was amended
again to change the Mayor as a member of the Pension Board and the
change was to "Mayor or a member of the City Council designated by
the Mayor". He said there are other changes in this Ordinance
with respect to membership on the Board concerning deleting a
designated Charter Board member.
Mr. Ruf read Temp. 0 d. 1237 by title.
C/M Stelzer asked if the designation of a designee by the Mayor
must be done in writing and Mr. Ruf said it does not have to be in
writing or by Resolution.
V/M Stein MOVED APPROVAL of Te rd #1237 on first reading,
SECONDED by C/M Stelzer.
V TE:
ALL VOTED AYE
c) Mayor Hart noted that Item c) was TABLED previously.
Peter Prior, Chairman of the Pension Board, said if Item a) has
been approved, Item c) can be taken from the Pension Board budget
and would not have to be Tabled. C/M Stelzer noted that this is
not a question of money but is one of legality since the I.R.S.
must approve this.
d) C/M Stelzer nominated Marilyn Bertholf as Trustee and, hearing no
other nominations, the question was called.
VOTE:
ALL VOTED AYE
e) C/M Stelzer said this was to transfer funds from the Pension Plan
to the General Fund and he MOVED APPROVAL, SECONDED by C/M
Gottesman.
VOTE: ALL VOTED AYE
f) C/M Stelzer MOVED that the expenses incurred by Peter Prior be
paid since the Judge found that Amendments No. 2 and 7 on the
Tape 2 3/11/86 ballot were illegal. SECONDED by V/M Stein.
V/M Stein said the bill calls for payment of the previous balance
due as to 2/17/86, which had nothing to do with this particular
lawsuit.
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/pm
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V/M Stein said there are references made to 2/14/85 negotia-
tions amounting to $22.50. He said these are previous bills and,
although they may be proper, they should not be considered with
the bills of the lawsuit. He said the bills in the amount of
$90.00 and $22.50 should be removed from the total of the bills to
be paid.
Mayor Hart referred to a memo to Council dated 3/27/86 , which
stated that based on recommendations of the Actuarial Study, the
Pension Board voted to recommend that the Council pay the legal
expenses incurred by Peter Prior. He asked Judy Deutsch if this
has been approved by the Pension Board and Judy Deutsch said when
this was originally brought to the Board by Peter Prior, the Board
voted against filing an injunction. She said this decision was
based upon the fact that it was not one of their responsibilities
as fiduciaries to decide the investments of City funds.
Mrs. Deutsch said Mr. Prior returned to the Board after the
injunction was filed and the Board voted as employees, rather than
Board members, to support Mr. Prior in his efforts. She said she
does not feel these monies should come from Pension Funds since
this is ultimately a savings to the City and no way impacts on the
Pension Plan.
Peter Prior said at the last Pension Board meeting he asked for
payment of these bills. He said he asked for direction from the
former City Attorney before this and was told this would be a
conflict of interest. He said he was left with no alternative but
to file an injunction and seek his own attorney.
C/W Massaro said she feels this should be reviewed further since
this was not necessary. She said she feels this was taken on
Mr. Prior's own responsibility since the Board had not voted on
this at the time. She said if there is a violation of law, the
Charter does not supersede State law. She said the City can
change the requirements of this Board's investment of monies by
Ordinance. She said she would like this item Tabled for further
information and she so MOVED. SECONDED by C/M Gottesman.
VOTE
C/M Gottesman Aye
C/M Stelzer Nay
C/W Massaro Aye
V/M Stein Nay
Mayor Hart Nay
V/M Stein said there is a recommendation from the Legal Department
of the City advising that the City should pay this. He said they
did have to go to Court because a Charter Ordinance was passed
which said monies could not be invested in what they were present-
ly investing in. He said the Judge decided that this was illegal.
Mr. Prior referred to Page 13 of the Pension Board Minutes which
stated that a vote was taken to have the bills brought to Council
with a recommendation for payment.
City Manager Perretti said the two negative votes on the Pension
Board were from Management employees who were concerned about the
City's interests and not necessarily the employee's interests. He
said it was their determination that if a Board is going to refuse
payments of this type, a member cannot take it upon himself to
take an issue to Court.
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4/9/86 `
/pm
Mr. Perretti questioned whether Council would be considering
payment of these bills if the Judge had not found in Mr. Prior's
favor and V/M Stein said no. C/W Massaro said if the Board had
ruled that he should not bring the injunction and he moved forward
anyway, he should be responsible for his own expenses. V/M Stein
said the Board has now reaffirmed his actions and suggested that
the expenses be reimbursed.
V/M Stein said the Ordinance was ruled illegal by the Judge and
the initial cost of savings is $147,052.00, which the City has
been notified not to put into the Pension Fund as the City's
contribution.
C/M Stelzer MOVED to pay the actual bills incurred concerning the
injunction but not prior bills included on invoices with approval
of the Pension Board.
C/W Massaro said for the record that there is no difference which
way anything went concerning the referendum and the amount of
$147,052.00 since those profits were made because investments are
favorable right now. She said the City has been concerned about
the fact that the Legislators want to take control away from the
City and give it all to the Pension Boards. She said, however,
the responsibility for any of their losses will remain with the
City, thereby, leaving the City liable for a tremendous loss.
Mr. Prior said for the record he was working, at that particular
point in time, as Vice Chairman of the Pension Board and not as an
individual.
Shirley Blumfield, resident, said these amendments were put on the
ballot and were discussed by the Charter Board. She questioned
why the Charter Board Attorney did not notice that this was
illegal.
Alice Norian, resident, said Mr. Prior could have consulted the
Charter Board Attorney as well as the City Attorney.
Carl Warshaw, resident, said he felt the bill should be paid since
the Pension Board approved the payment of this bill.
David Silvergleid, resident, . objected to paying this bill
since he felt that payment of Mr. Prior's expenses was not the
City s responsibility.
Irving Lopatey, resident, said he feels Council should pay this
bill since Mr. Prior was trying to protect the interests of the
City.
VOTE:
C/M Gottesman
Nay
C/M Stelzer
Aye
C/W Massaro
Nay
V/M Stein
Aye
Mayor Hart
Aye
g) C/M Stelzer MOVED APPROVAL of payment of the invoice to Facciani &
Co. in the amount of $445.50, SECONDED by C/M Gottesman.
VOTE:
ALL VOTED AYE
h) Judy Deutsch, Personnel Director, said the expenditure for recal-
culation of actuarial valuation for the IAFF with funds coming
from the Pension Plan would be approximately $100.00 for the costs
incurred for the retroactive increase on the IAFF contract.
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4/9/86
/pm
V/M Stein MOVED APPROVAL of payment of this bill, SECONDED by
C/M Gottesman.
VOTE: ALL yOTED AYE
32. Charter Amendments - Report - Discussion and possible action
regarding the Order of Judge Garrett on the injunction of
Amendments No. 2 and 7 on the March 11, 1986 ballot (tabled
from 3/26/86)
SYNOPSIS F ACTION: TABLED.
The Consulting City Attorney
was directed to consult
Mr. Sugarman concerning this.
Mr. Ruf said this was discussed at the last meeting and this was
Put on today's agenda because the City Attorney's office has
received a letter from Mr. Sugarman, who represented Peter Prior,
suggesting a method by which this temporary injunction could
become permanent. He said Mr. Sugarman suggested that the City
should agree to stipulate that the temporary injunction shall
become a permanent injunction. He said the City would be circum-
venting the vote of the people on the Charter Amendment and taking
a legal action that would finalize that Charter Amendment in
perpetuity.
Mr. Ruf said the other possibility would be to allow the temporary
injunction to stand because there can be no further action until a
further Order of the Court. He said Mr. Sugarman may feel it will
be necessary to move to make it permanent which would bring the
City back to Court.
V/M Stein MOVED to TABLE this item to have the City Attorney
contact Mr. Sugarman to determine if this can stand until there is
action by the State Legislature. SECONDED by C/W Massaro.
VOTE: ALL VOTED AYE
GENERAL ADMINISTRATIVE FINANCIAL
8. Tract 27 Park - Review of a site plan for Council's
recommendations and suggestions to staff on the recreational
portion of this tract. Discussion and possible action.
SYNOPSIS OF ACTION: The City
Engineering Department and Public
Works Director were authorized to
recommend what the costs and time
frame would be for operating and
maintaining the proposed 10 tennis
courts.
Bob Foy, Deputy City Engineer, said they presented the plan of
Tract 27 upon which a number of tennis courts are indicated. He
said if Council agrees to this, staff should prepare a site plan
involving the Park.
C/W Massaro asked when the tank is supposed to be installed and
Mr. Foy said the contract has been awarded and they should begin
construction any day for a minimum of 6 months time. C/M Stelzer
said there was a referendum to improve Tract 27 that was voted
down by the people in March, 1985.
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4/9/86
/pm
V/M Stein said recently Council imposed a fee for use of tennis
courts on the residents in the amount of $25.00 per year or $3.00
per person and there has been much protest. He said it was
determined in the discussion that the City promised many years ago
to install tennis courts in this area. He said the public said
they are willing to pay more than $25.00 per year if there are
tennis courts available to them.
V/M Stein said with this in mind, it was decided to determine the
cost to install these tennis courts. C/M Gottesman asked Bob Foy
if he had an estimate of what this might cost and Mr. Foy said the
anticipated price for 10 tennis courts including lights, similar
to those installed at the Park next to the Elementary School,
would be $150,000.00.
C/M Gottesman noted that would require a referendum and he MOVED
to authorize the Engineering Department and the Public Works
Director to recommend what the costs and time frame would be for
operating and maintaining the proposed 10 tennis courts. SECONDED
by V/M Stein.
C/W Massaro said there are plans for intalling lights on the
soccer field there and she questioned whether this is moving
forward. Mike Couzzo, Public Works Director, said currently the
plans for the lighting have gone back to the electrical engineer
for second design. He said they will be bid two different ways to
determine the most economical to the City.
C/W Massaro asked what happens to the beautification of this area
and V/M Stein said that will have to be considered with the soccer
field and the tank.
Y-QTE: ALL -VOTED AYE
9. TaM.4rac Park - TemP. Reso—_#4072 - Discussion and possible
action on repeal of Resolution 86-71 which established a user
fee schedule for use of the tennis courts at Tamarac Park.
Y P I F CTION•
APPROVED.
RESOLUTION NO. R--86-112 PASSED.
Mr. Ruf read Temp. Reso_s, #4072 by title.
Mayor Hart said in addition to telephone calls he has received a
petition with approximately 150 signatures opposing Resolution
86-71. C/W Massaro asked why Council is considering repealing
that Resolution when there is consideration of instituting fees
when new tennis courts are built.
C/M Stelzer asked where it states that the fees were for non-
residents and Mayor Hart said the fee of $25.00 per year would not
cover visiting grandchildren, etc. He said he spoke to both the
Parks Commissioner and the Chairman of the Recreation Committee
and they feel this is unenforceable because there would have to be
someone present to collect fees, verify passes, etc.
C/M Stelzer MOVED to APPROVE Temps Reso. #4072 repealing Resolu-
tion 86-71, SECONDED by V/M Stein.
Y_TE: ALL VOTED AYE
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Tape 3
TAMARAC UTILITIES
15. Utilities Weft - Twg Separateand Dist' ct QPe t ons
and Maintenance uild'n P o' ct $5-20 - Discussion and
possible action to approve a contract with Daniel E. Adache &
Associates/Russell & Axon, Inc., for engineering and archi-
tectural services (tabled from 3/12/86)
YNOPSIS,QF ACTION:
APPROVED.
* DITOR' TE: Approval was as follows:
I. Engineering Agreement titled "City of Tamarac, Conceptual,
Preliminary and Final Design and Construction Management
Services".
2. Addendum No. 1 and authorized staff to implement in its
entirety, in the amount of $18,500.
3. Addendum No. 2 and authorized staff to implement only the
foll
owing phases of work:
Phase I - Programming $15,000
Phase II - Schematic Design 16,000
Phase III - Design Development 18,500
TOTAL $49,500
4. Addendum No. 3 and authorize staff to implement only the
following phases of work:
Phase I - Schematic Design $33,750
Phase II - Design Development 24,250
TOTAL $58,000
Total authorization is $126,000.
Bill Greenwood, Utilities Director/City Engineer, said this is a
proposed contract with Daniel E. Adache & Associates, Architects
and Russell & Axon, Inc., Engineers. He said this Agreement is
for two distinct and separate buildings; one is classified as the
new water treatment plant building, which will encapsulate the
existing water treatment plant building and house all new and
proposed electronic equipment, switch gears, motor control
centers, telemetry system, laboratory and equipment for the plant
expansion.
Mr. Greenwood said the second building will be located in Land
Section 7 and will take into consideration the potential reloca-
tion of the Public Works Department in that area in the Master
Plan. He said this will also relocate all the field operations
which are presently housed in the temporary trailers at the
existing treatment plant site. He said this includes the City
Engineering Department and Customer Service.
Mr. Greenwood said they are requesting authorization for the
proper City officials to execute the documents listed,*(See
Editor's Note).
V/M Stein asked the total amount of the contract and Mr. Greenwood
said the total amount requested at this time is $126,000.00. He
said the contract consists of the standard Engineering Agreement
for the City and Addendum No. 1 is mainly the planning and
Programming element for Land Section 7. He said Addendum No. 2 is
for the water treatment plant project at the existing utility site
and Addendum No. 3 is for the Land Section 7 building, Phases I
and II.
C/M Gottesman asked if there was any urgency to executing this
contract and Mr. Greenwood said to meet the other proposed pro-
jects which tie into this, it is urgent.
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4/9/86
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C/M Gottesman said he would like to have a chance to discuss this
with Mr. Greenwood and he recommended Tabling this item.
V/M Stein noted that C/M Gottesman will not be present at the next
Council meeting and said this is only authorizing proceeding with
drawing up a set of plans. He said these are the people that were
awarded the contract and suggestions should be made when the plans
are available.
V/M Stein noted that Mr. Greenwood gave Council the good news that
last night Tamarac was approved for 2 million gallons in the
wastewater treatment plant with Pompano Beach, which means that
the 201 Program is definite.
V/M Stein MOVED APPROVAL to enter into the Agreement with these
firms, SECONDED by C/W Massaro.
VOTE:
ALL VOTED AYE
16. Utilities West - W t r T eat ent P nt I ents
Design Phase (Project 84--20) - Discussion and possible action
to accept the selection committee's order of ranking of
engineering consultants and authorization for staff negotia-
tion with the number one ranked firm.
SYNOPSIS OF ACTION: Council
ACCEPTED the Selection Committee's
recommendation and authorized staff
negotiations with Hazen & Sawyer.
Mr. Greenwood said Council previously approved staff using the
Consultants' Competitive Negotiations Act and this was done. He
said the first meeting was reviewing all the qualifications
submitted by the interested firms and, of those, there were two
short lists developed. He said the firms gave presentations and
the following individuals were on the Selection Committee:
Frank Coulter, Deputy Utilities Engineer - Fort Lauderdale
William Bryan, Chief Engineer - Broward County Utilities
Ed Goebel, Director of Public Works and Utilities -North Lauderdale
Vice Mayor Stein, Utilities Liaison - Tamarac
Peter Procopio, Deputy Utilities Engineer - Tamarac
John Schriefer, Director of Utilities - Lauderhill
William Greenwood, Director of Utilities & Engineering - Tamarac
Mr. Greenwood said the Committee ranked the firms and the ranking
was: 1. Hazen & Sawyer
2. Malcolm Pirnie
3. CH2M Hill
4. Russell & Axon
He said the negotiations were implemented and authorized by
Council and today there are three distinct and particular pro-
jects:
84-20 - Water Treatment Plant Improvements
86-2 - University Dr. Utility Relocation
86-4 - 201 Pump Station and Force Main
Mr. Greenwood said it was the unanimous decision of the Selection
Committee that the University Dr. Utility Relocation Project and
the Pump Station and Force Main Project be combined with one
consultant. He said the Committee's reasoning is that this is all
pipeline work going into University Dr. which will be performed at
the same time.
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4/9/86 �.
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Mr. Greenwood said they are requesting acceptance of the Selection
Committee's order of ranking listing Hazen & Sawyer as No. 1 on
all three projects. He said they are also seeking Council's
authorization for staff to enter into negotiations with the
Selection Committee's No. 1 ranked firm, Hazen & Sawyer, on all 3
projects.
C/M Gottesman MOVED ACCEPTANCE of the Selection Committee's
recommedation and authorization for staff negotiations with Hazen
& Sawyer. SECONDED by C/W Massaro.
C/W Massaro asked if Mr. Greenwood would be reporting back to
Council after negotiations and Mr. Greenwood said yes, the Selec-
tion Committee brings the proposed negotiated contract to Council
after review by the City Manager and City Attorney.
VOTE:
ALL VOTED AYE
17. Utilities West - University Drive Utility Relocation
(Project 86-2) - Discussion and possible action to accept the
selection committee's order of ranking of engineering
consultants and authorization for staff negotiation with the
number one ranked firm.
SYNOPSIS -OF ACTION:
Council ACCEPTED the Selection
Committee's recommendation and
authorized staff negotiations
with Hazen & Sawyer.
Mayor Hart noted that Council has received the recommendation of
the Utilities Director/City Engineer.
V/M Stelzer MOVED ACCEPTANCE of the ranking and authorization for
staff to negotiate with Hazen & Sawyer, SECONDED by C/M Gottesman.
YQTE:
ALLYOTED AYE
18. Utilities West - 201 Pump Statign and Force Main
(Project 86-5) - Discussion and possible action to accept the
selection committee's order of ranking of engineering
consultants and authorization for staff negotiation with the
number one ranked firm.
SYNOPSIS QF ACTION:
Council ACCEPTED the Selection
Committee's recommendation and
authorized staff negotiations
with Hazen & Sawyer.
Mayor Hart noted that Council has received the recommendation of
the Utilities Director/City Engineer.
C/M Gottesman MOVED ACCEPTANCE of the ranking and authorization
for staff to negotiate with Hazen & Sawyer, SECONDED by C/M
Stelzer.
TE: ALL VOTED AYE
i�
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4/9/86
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19. Utilit.}es West - Billing cle - Report by Engineering on the
merits of bimonthly instead of monthly meter readings and
billing cycle and authorization to staff to advertise for a
Public hearing to effect this change. Discussion and possible
action.
SYNQPSTS„_OF„ACTION:
APPROVAL was given for the
Utilities Department to advertise
for public hearing. Council is to
receive a memo from the Finance
Director and Utilities Department
before the scheduled public hearing.
Mr. Greenwood said Council is always concerned about increasing
staff and additional monies. He said he has requested his staff
to investigate possibilities of cost savings for Tamarac Utilities
West. He said the utility is ever expanding and increasing with
approximately 100 new customers per month. He said an idea that
has been devised by staff is the possibility of changing the
procedures on reading 14,000 meters in the TUW section on a
monthly basis by going to a bi-monthly reading and billing.
Mr. Greenwood said this procedure is presently being performed for
the TUE section where the meters are read once every two months
and they receive a bill once every two months. He said the
potential cost savings to the Utility is approximately $25,000.00
in direct labor costs plus approximately an additional $12,000.00
in miscellaneous materials, etc., for a potential savings of
$37,000.00 per year.
Mr. Greenwood said with this savings on manpower, there would be
approximately 1-1/2 men available to take care of a meter replace-
ment program, which the City has never implemented. He said there
is also a need for the manpower for the State mandated testing
program on backflow prevention. He said, therefore, instead of
TUW requesting additional manpower and monies for vehicles and
equipment, they are suggesting this is one way to save monies for
the utilities.
C/W Massaro asked how this will affect the deposits that the City
has and the potential for a loss because they are based on one
month's bill.
Charlotte Dressler, Utilities Accountant and Office Manager of the
Financial and Billing Section of Utilities West and East, said
presently the security deposits for the east and west sides of the
City are exactly the same. She said because of the rate increase,
they are in the process of devising a new average consumption
Possibly increasing the already existing security deposits.
Ms. Dressler said there have been Florida Statutes that have
caused a problem with renters and they feel that the security
deposits that the City presently has are not covering. She said
there is no difference between the problems on the east side with
security deposits and payments with the bi-monthly as opposed to
the monthly.
C/W Massaro said she likes the bi-monthly idea but the Council
will have to be concerned about the possibility of a potential
loss there with approximately 3,000 renters in the City when the
Present program is completed.
V/M Stein said certain people are habitual late payers and the
City could lose some interest on bi-monthly payments.
Ms. Dressler said they are not going to be reading and billing
every month, they will split the accounts up and take 7,000 each
month so that the same amount of money will be taken in and the
same outstanding balance is considered.
Mayor Hart noted that the request is to authorize a public hearing
on this matter.
14
4/9/86
/pm
1
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C/W Massaro said in Connecticut they billed bi-monthly but the
residents received the bill every month with one bill being an
approximate amount and the other being exact. Ms. Dressler said
that was suggested because the computers are equipped to do that.
She said considering Tamarac's population, they felt they would
have more problems by estimating every other month with catch-up
readings.
C/M Gottesman said there have been many complaints concerning the
recent increase in the water and sewer bills and he questioned if
there will not be greater delinquency by having residents receive
a double bill. Ms. Dressler said it would be her opinion that
there are patterns of certain customers that pay and others that
are delinquent. She said in checking with other cities, it was
discovered that there is not an increase in delinquent accounts.
V/M Stein MOVED to authorize the Utilities Department to advertise
for a public hearing for discussion of this matter. SECONDED by
C/M Gottesman.
C/W Massaro said she would like the Finance Director and Utilities
Director to give Council more information and answering some of
Council's questions. She requested a memo be submitted to Council
showing exactly what will be done and the costs involved.
V/M Stein said he would ACCEPT the AMENDMENT to his MOTION
requested by C/W Massaro, that before the public hearing is held,
Council receive a memo from both the Finance Director and the
Utilities Director.
VOTE: ALL VQTED-AYE
20. iUtilitges West - 201 Plan - Tgmp, Reso #4081 -- Discussion
and possible action to authorize the appropriate City
officials to execute wastewater capacity lease agreements
with the Cities of Pompano Beach, Deerfield Beach and Broward
County, and authorization to make the necessary lease pay-
ments.
BYNQRSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-86-114 PASSED.
Mr. Ruf read Temp. Reso. 44081 by title.
V/M Stein MOVED APPROVAL of Temper Reso. #4081, SECONDED by
C/M Stelzer.
VOTE:
ALL VQTED AYE
C/M Gottesman commended the Utilities Director for his work on
these projects.
21. Utilities West -- New Bond Issue - Selection of
-Underwril-g-rs - Temy, Reeso_#4084 - Report and discussion and
possible action. (tabled from 3/26/86)
SYNOPSIS OF ACTION: (See Page 1
TABLED to the Special Council
Meeting on 4/11/86 at 7:00 P.M.
Mr. Ruf read Temp. Reso #4084 by title.
V/M Stein said there was a meeting where the Finance Director,
City Attorney and he met with four underwriters and,
subsequently, another bond underwriter submitted a proposal.
15
4/9/86
/pm
V/M Stein said he checked with the Consultant City Attorney who
advised by memo that it was not necessary to advertise and go to
public hearing just to have the proposals under the same format as
was done with the prior bond issue.
V/M Stein said at this time they are referring to the bond issue
for the wastewater treatment plant, which has already been started
with money borrowed from the City. He said this must be done as
quickly as possible so that money can be put back into the City
coffers. He said this bond issue is approximately 11 million
dollars and must be certified by Public Works before moving
forward. He said there is authorization of considerably more but,
because the City is proceeding with the 201 Program, it is down to
approximately 11 million dollars.
V/M Stein said they are talking about 30 year bonds which will be
guaranteed and insured. He said all the underwriters submitted a
flat fee for the entire underwriting based upon 10 million dollar
issue.
C/W Massaro asked if there will be an overall cost of everything
given today and V/M Stein said yes. C/W Massaro asked why all
this information was not given to Council in writing for review.
C/W Massaro noted that the last time there was a minimum and
maximum figure given but there were extra amounts added in the
end.
V/M Stein said the first bidder just wanted to be the Financial
Manager; therefore, he was disqualified since he wanted a
$20,000.00 per year Management Contract. C/W Massaro asked if
there was an advertisement in the newspaper for Underwriters and
V/M Stein said the Finance Director, City Attorney and he inter-
viewed representatives from L.F. Rothchild, Smith Barney and
William R. Hough & Co. and by telephone they heard from Bear
Stearns.
V/M Stein said the two lowest bids for doing the work completely
except for the insurance and prospectus, which are separate items,
were L.F. Rothchild and William R. Hough & Co. He said the
Committee recommended awarding this to two underwriters, namely,
L.F. Rothchild and William R. Hough & Co. He said there is,
however, some negotiation which must be done with William R.
Hough & Co.
V/M Stein said there is a proposal based upon today's market rate
at an interest rate on the coupons from 1 to 30 years of 4.75% to
a maximum of 7-3/8%. He said there must be renegotiations with
William R. Hough & Co. because their initial interest rate is at
5% and they would have to agree to this with L.F. Rothchild. He
said everyone else proposed at the same rate.
V/M Stein said they called the first two underwriters in to
negotiate and others found out by hearsay. He noted that no one
is connected with any of these people and anyone who called and
requested submitting a bid, was accepted.
C/M Gottesman questioned why the City needs two underwriters and
V/M Stein said he had preferred having just one underwriter;
however, it does not cost the City anything to have two under-
writers and it gives a secondary marketing. He said William R.
Hough & Co. is a local firm and L.F. Rothchild is a national firm.
He noted that only one firm does the lead work and the other
shares in the marketing.
1
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4/9/86 ,!
/pm
V/M Stein said as part of the proposal, they insisted that unlike
the other bond issue, the citizens of the City get first chance at
buying these bonds before they go to the market. He noted that
these will all be Triple A Rated insured bonds.
Clark Bennett, of William R. Hough & Co., said he made no bid to
sell bonds at 4.75%. V/M Stein said he noted that their bid was
higher than that and, in order to be considered, they would have
to agree to 4.75%. Mr. Bennett said it should be understood that
he did not bid a certain rate on the bond since those figures are
only today's coupons. He said the bid was submitted on the basis
of their sole underwritership because they have no way of knowing
what expenses a joint underwriter might put on them.
V/M Stein said he is surprised because Mr. Bennett had said they
could be joint underwriters with Smith Barney. Mr. Bennett said
they were asked for the lowest possible bid and that was based on
their sole underwritership. V/M Stein said Mr. Ruf has reaffirmed
that this was never said to either of them. He said L.R.
Rothchild has made no such demand and are willing to have a joint
underwritership.
V/M Stein said he said his report was that there was mutual
agreement between both underwriters but, if they do not, he would
have to report to Council that there is only one underwriter in
agreement. Mr. Bennett said no one told him about coupons before
today either.
Tape 4
Mr. Bennett said in the bid they only bid 20 years in the bid they
were asked for this morning because they were told it was only a
20-year deal. C/W Massaro asked if the rates figured originally
were based on a 20 or 30 year bond and John Montalvo, Supervising
Acccountant, said he was not given information concerning that.
C/W Massaro said this should be known because based on a 20-year
bond, she questioned why the residents are being subjected to a
higher rate than they should be paying and extending it for 30
years.
V/M Stein said the figures that are being charged to the people
are wrong in any case and if it is a 20-year bond, the interest
rate is less than this. C/W Massaro suggested this item be Tabled
for more information.
V/M Stein said all of the 4 underwriters under consideration are
top ranked firms; therefore, that was not a consideration. He
said the only consideration they had in mind was a split under-
writing which might allow a larger market. He said the only thing
that changes is the commission to the salesperson and the interest
rates, which depend on the market place. He said one of the
urgencies is the good market at the present time.
John Berani of L.F. Rothchild, said they are prepared to under-
write this issue as the Senior Managing Underwriter by themselves
for the fee that was proposed and jointly with William R. Hough
and Company as Co -Manager. He said the indications of interest
rates given today are for market conditions today and there is a
large bond calendar developing across the country because every
issuer is trying to come under the 9/l/86 deadline that has been
imposed upon the municipal bond industry by the Congress. He said
the longer this is delayed, the more likely that interest rates
will rise because of market conditions prevailing in the market
place.
17
4/9/86
/pm
C/W Massaro suggested this item be Tabled to a Special Council
meeting and V/M Stein said they have asked the underwriters every
question that is pertinent and he asked if there are some things
that have been missed. C/W Massaro said she will put that in a
memo this afternoon.
Mr. Berani said if they are appointed the Senior Managing Under-
writer and they set an interest rate of 4.75% on an issue and
William R. Hough and Company says 5%, they must readjust their
thinking to that level or else they cannot sell bonds. He said it
is impossible to have separate scales. V/M Stein said representa-
tives of William R. Hough have indicated that they did not know
that. He said this was bid on a flat fee, not an estimated fee.
C/W Massaro asked about the City's bond counsel and V/M Stein said
the underwriters have their own bond counsel and the City has
Gerald Heffernan's firm. V/M Stein said the proposed total fee
for both underwriters is $155,000.00.
C/W Massaro MOVED to TABLE this item to the Special Council
meeting scheduled for 4/11/86 at 7:00 P.M., SECONDED by V/M Stein.
VOTE• ALL VOTED AYE
22. Utilities East - Discussion and possible action on:
a) Bill of Sale transferring ownership of the Tamarac Pumping
Station from the City of Fort Lauderdale to the City of
Tamarac -Temp- Rgso.,#4020
b) Second Amendment to the Large User Wastewater Agreement
between Tamarac and the City of Fort Lauderdale -
Temp. Rapn. AAnoi
(tabled from 3/26/86)
ZYNOPSTS nP TION•
APPROVED a) and b).
RESOLUTION NO. R-86-115 PASSED.
RESOLUTION NO. R-86-116 PASSED.
a) Mr. Ruf read Tem . Reso. 14020 by title.
V/M Stein noted that C/W Massaro had asked that this be Tabled at
the last meeting in order to determine what the First Amendment to
the Large User Wastewater Agreement was and he asked if that has
been checked. C/W Massaro said this has never been checked and
she asked whether Fort Lauderdale has a right to request money be
paid back that was not supposed to be paid originally.
Mr. Greenwood said the history of this project is that the station
Should have been taken over in July, 1984. He said the reason it
was not is because the City Engineering Department changed the
definition of "point of connection" at the last moment. He said
all the Large User Agreements that Fort Lauderdale put out to
their potential users were exactly the same. However, he said,
Tamarac at that point changed it and marked on their copy that the
point of connection was before the sewage pump station which was
not in accordance with the original agreement.
Mr. Greenwood said this project has been in dispute ever since
July, 1984, on what is the "point of connection". He said the
original intent of the Large User Agreement was that Tamarac was
supposed to be taking it over like every other municipality going
into Fort Lauderdale and the point of connection is after the
sewage pump stations.
Mr. Greenwood said the Second Amendment is stating that the point
Of connection is a Bill of Sale giving the entire structure to the
City and Fort Lauderdale is requesting backcharging the
electricity from July, 1984 in an estimated amount of $2,000.00.
1
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18
4/9/86
/pm
Mr. Ruf said he is confident that the position that Fort Lauder-
dale has taken is proper and he feels Tamarac should pay
Fort Lauderdale what is due.
V/M Stein MOVED APPROVAL of Temp. Reso. JA020, SECONDED by
C/M Stelzer.
V TE:
ALL Y!2 D AYE
b) Mr. Ruf read Tem Reso. 14 221 by title.
Mr. Ruf noted that the City does have the Second Amendment to the
Lease which makes it very clear that the point of connection is
the other side of the pump station and provides a Hold Harmless
Agreement between the customer and the provider of the service.
C/M Gottesman MOVED APPROVAL of T R 50 #4021, SECONDED by C/M
Stelzer.
VOTE:
LEG AIAFFAIRS
ALL VOTED AYE
30. spring H us x o d Industries - Discussion and possible
action on:
a) Development Agreement - Temp, ftso. #3994
b) Tri-Party Agreement between the City, Oxford Industries and
Florida National Bank - Temp. Reso. 4082
c) Report from Engineering Department regarding drainage
(located at the northeast corner of Commercial Boulevard and
Rock Island Road, to the rear of Sabal Palm Golf Course
Clubhouse)
SYNOPSIS OF ACTION:
a) This will be sent to the
Planning Commission with a
directive from Council that
they review the plan and
that Council has reviewed and
accepted the Agreement
conceptually.
b) TABLED.
c) No action on Bob Foy's memo
#E86-206, dated 4/4/86.
a) Mr. Ruf read Temp. Resp. 3994 by title.
Ed Stacker, Attorney representing Oxford Development Enterprises,
Inc., said the preliminary site plan for this development was
submitted in August, 1985 during the Council recess. He said they
went to the Planning Commission in February and were tabled until
a list of 16 items of concern were addressed. He said one of
these items was a concern of the area residents that Oxford would
Utilize bond financing to finance the development of this parcel.
Mr. Stacker said Oxford has receded from their proposal to fund
this with bond finance monies and, in working with staff and City
officials, have endeavored to bring a Development Agreement that
recognizes Oxford's financing as a conventionally financed
development. He said this also provides for certain improvements
which will be made off -site and permits the development to proceed
with a couple of waivers from 1985 and 1986 Code provisions.
19 I/
4/9/86
/pm
Mr. Stacker said that a draft of the Agreement has been
circulating in the City with revisions that the former City
Attorney made, and Council was going to consider this on 2/12/86
but tabled the item until certain issues, including drainage, were
resolved. He said the most recent draft of the Development
Agreement was transmitted to the City a week to ten days ago.
Mr. Stacker said the Site Plan Review Committee met yesterday and
had certain concerns that they felt needed to be addressed in the
Development Agreement itself. He said he received a copy yester-
day, reviewed the changes required with the City Planner and made
those changes last evening. He said they are embodied in the
document before Council this morning.
Mr. Stacker said most of the concerns were housekeeping and they
created additional Exhibits, which were previously not proposed to
be attached to the Agreement and they also attached all the
Exhibits previously referenced.
Mr. Stacker referenced the Agreement and Exhibits:
-- The "Statement of Facts" on Page 1 of the Agreement identifies
the property they are concerned with. He said this acknowledges
that this property was the subject of litigation and there is a
Court Order which sets the history by noting that they have
worked with the City in an effort to have a site plan that is in
complete conformity with existing Code provisions as possible.
He said this also recognizes a couple of provisions where
Council is granting them some relief because of the unique
circumstances involved.
- Exhibit A is a legal description together with a location sketch
depicting where the parcel sits on the northeast corner of Rock
Island Rd. and Commercial Blvd.
- There is a Plat travelling with the Spring House final site plan
and Paragraph 2, bottom of Page 1, acknowledges the existence of
a Plat.
- Paragraph 3, Page 2, acknowledges that the site plan, which is
now attached, is Exhibit B. The actual site plan submitted on
4/3/86 and reviewed on 4/8/86 by the Site Plan Review Committee
has been reduced and is Exhibit B. This acknowledges that
building will be in accordance with that site plan and that
development will be in conformity with the Code with the excep-
tion of 3 enumerated provisions in Paragraph 3.
-- Paragraph 3A is the setback against S-1 property and they are
requesting Council remove an ambiguity in the Code that would
require an extraordinary setback in this instance. He said they
are requesting that, because of the tightness of this site, they
be allowed a setback to 13-Meet. He said conceptually this has
not been a problem.
- Paragraph 3B is a recognition that this site can be developed
utilizing the Code provisions related to parking, which were in
effect until March, 1985. He said Ordinance 85-4 increased the
parking requirements for multi -family residential areas. He
said this provision, Ordinance 82-15, which is attached as
Exhibit C, was the parking requirement until the amendment in
1985. He said this provision provides for 1-1/2 parking spaces
for one -bedroom units and 1.75 parking spaces for two -bedroom
units, together with guest parking.
Mr. Stacker said in 1985 there was an internal traffic circulation
Ordinance enacted which is subject to different interpretations.
He said they believe it is in conformity with that Ordinance;
however, the City staff does not believe it is. He said there was
an acceptable alternative agreed to by staff whereby they would
provide a Hold Harmless and Indemnification provision.
20
4/9/86
/pm
Mr. Stacker said this was included in the Development Agreement
yesterday and it was requested that they provide a letter from
Oxford
as well which would be attached as Exhibit D.
C/W Massaro asked what position the City would be in if this
requirment were waived in this case since the City is in Court on
this
same issue. She said up to now, the Court has upheld the
City's position. Mr. Ruf said this Development Agreement sets
forth
a compromise and there is consideration for this concession
by the Council in off -site work and financing by the developer.
He said there is nothing in this Agreement that could jeopardize
the City's
position in the lawsuit.
Mr. Stacker said their consultants have compared their traffic
circulation plan with that which was litigated and they feel
theirs is designed much more in line with the Code requirements.
Mr. Stacker said it is acknowledged by Oxford that the utilization
of a'compactor is not specifically included in the City Code and
they have worked to satisfy the Building Department that the
proposed compactor for this site is an acceptable means of dispos-
ing of garbage. He said Oxford has a track record of utilizing
trash compactors across the country and Exhibit D is an acknowl-
edgment that a trash compactor can be used on this site.
Mr. Stacker referred to Paragraph 3E and noted that there is a
100-foot wide easement that FP&L obtained in the 1950's that runs
parallel to Rock Island Rd. on the most westerly portion of this
parcel.
Mr. Stacker said anything constructed within that easement area
must be constructed in accordance with an Agreement that is
reached with FP&L. He said they recognize that and have initiated
that process. He said this Paragraph simply provides that if they
are successful in obtaining FP&L's approval, they can place the
tennis courts and parking within that area. He noted that there
is a reduced setback there and when this approval is obtained from
FP&L, they will return to Council for rezoning to S-1.
Mr. Stacker said Paragraph 3F provides for access easements to
Saba1 Palm Golf Club for utilization of the cart path in two areas
traversing their property. He said at staff's request, they
attached as Exhibit E, copies of the sketch and legal and access
easements which will be provided.
Mr. Stacker said Paragraph F2 is their complete acknowledgment
that this development will be financed with conventional financ-
ing. He said Stephen Flanagan, Senior Vice President of Oxford,
has advised him that the final arrangements for the financing of
this parcel are about to be culminated.
Mr. Stacker said Paragraph F3 is a specific acknowledgment of how
they worked with the adjacent property owners in the Mainlands 7
area to slope the canals on their property. He said the plan for
the sloping of the canals is not an issue. C/W Massaro noted that
the plans will be done according to the Agreement but there will
be plans that will be approved by the Engineering Department on
this.
Mr. Stacker said Paragraph F3 specifically addresses maintenance
of those slopes and they committed in writing that those slopes
would be maintained to the waters edge. Bob Foy, Deputy City
Engineer, said the slopes they are providing are the 4 to 1 slopes
above water and will be in accordance with the Code.
21 /
4/9/86 v
/pm
Tape 5
Mr. Foy said they will be 4 to 1 below water to an elevation of 2-
feet throughout. He said where the Code is not met in some
instances, is where the required depth is not met. He said they
cannot get the required depth because there is a body of water
that is not as wide as it should be; however, the slopes do meet
City and State requirements.
V/M Stein MOVED APPROVAL of Temp. so 3994
C/W Massaro. , SECONDED by
C/W Massaro said this cannot be approved now but Council can
affirm that in concept it appears to meet what has been discussed.
She said this should be moved to the Planning Commission so that
they can take action on the plans with this in mind. She said if
they have this Agreement in mind they can review where the City is
making concessions and take that ,into consideration.
V/M Stein said he wanted to go on record that this go to the
Planning Commission with the idea that it is not to go under the
City Code but to go under the governing of this Agreement. He
said the Planning Commission should understand that if a setback
is not quite according to Code, Council understands that and that
is part of this Agreement.
C/W Massaro noted that she could attend the Planning Commission
meeting at which this is discussed and ask the Commissioners to
make their comments and send this on to Council. She asked
Mr. Stacker about the responsibilities of Mr. Stackhouse of Sabal
Palm Golf Course.
Mr. Stacker said they have a Purchase and Sale Agreement with
Sabal Palm and they are required contractually to do certain
improvements. He said the redesign of the golf course, etc. are
contractual obligations that they have. He said the City does not
need and they prefer not to have another party as a signatory on
this.
C/W Massaro asked how a building permit is issued for the
engineering work to Mr. Stacker for property that belongs to
Mr. Stackhouse. Mr. Stacker said they have the obligation
contractually to make those improvements and there is a letter
authorizing them to submit applications. C/W Massaro said the
City needs a copy of that and V/M Stein requested that this be
submitted to the City.
V/M Stein amended his previous MOTION to include that this item be
sent to the Planning Commission, as it would normally be, with the
directive from Council that today this has been approved
conceptually. He said the Planning Commission is to rule on this
based on that conception rather than the Code. SECONDED by
C/W Massaro.
Dr. Bernard Newman, resident, said he felt this has no advantage
to the City but only to the developer.
V/M Stein said it should be noted that this is a Court Order. He
said the City insisted on compliance with the Code and the Court
directed the City to comply with the Court Order. He said this is
a compromise agreed to by the developer to moderate what was
stipulated by the Court.
C/W Massaro said in this case, the developer needs some considera-
tion in order to make a viable project. She said the City is
seeking drainage in Section 7 and, as a neighbor to Section 7,
they are agreeing to do the best that can be done there to give a
60-foot canal at the top of the project.
22
4/9/86
/pm
C/W Massaro said wherever possible, in order that the residents
would not be subjected
to flooding, they will
work with the
drainage. She said in
order to do this, it will cost over
$200,000.00; therefore,
the City is trying to
work with them.
VOTE:
C/M Gottesman
Aye
C/M Stelzer
Absent
C/W Massaro
Aye
V/M Stein
Aye
Mayor Hart
Aye
b) V/M Stein MOVED to TABLE the Tri-Party Agreement between the City,
Oxford Development and Florida National Bank, SECONDED by
C/W Massaro.
Mr. Stacker said he had hoped to ask Mr. Ruf to be available to
meet with him and Florida National Bank to determine the wording
for this Tri-Party Agreement that relates both to this development
and the one on Pine Island Rd. He said indirectly this pertains
to their ability to obtain the funding that they need to obtain
site plan approval.
V/M Stein said the problem is that Oxford is not the owner, they
are contract vendees and the bank will advance about one-half
million dollars, which are the City's fees on this property. He
said the bank wants assurance that if they never take title, the
amount of one-half million dollars will go back to the bank
instead of to the City. He said, however, the City does have a
fee for processing which will be deducted. He said in order to
facilitate this, he suggested Mr. Stacker's client deposit with
the City the total amount of those processing fees and he has
agreed to that.
Mr. Stacker said he will do that.
C/W Massaro asked Mr. Ruf if the City can enter into the Tri-Party
Agreement without the other Agreement being finalized and Mr. Ruf
said the Agreement could be entered into subject to all of the
other things coming about.
VOTE;
C/M Gottesman Aye
C/M Stelzer Absent
C/W Massaro Aye
V/M Stein Aye
Mayor Hart Aye
c) C/W Massaro asked Bill Keith of Keith & Schnars if that plan is
ready for the engineering and Mr. Keith said his firm did not
submit that plan but he felt it was ready.
Mayor Hart recessed the meeting to 2:00 P.M. for lunch.
---------------------------------
Mayor Hart called the meeting to order at 2:00 P.M. and all were
present.
23
4/9/86
/pm
PUBLIC HEARING
35. ?EBB Enter2sises - Parking Waiy�r - Petition2-Z-86
Tem so 4076 - Discussion and possible action on a
request for limited waiver to the parking requirements in
Chapter 18 of the Code to allow ninety (90) degree Parking at
a proposed development on the southwest corner of University
Drive and McNab Road.
SYNOPsis OF ACTiO : RESOLUTION NO. R-86-117 PASSED.
APPROVED. Public Hearing was held.
Mr. Ruf read Te eso 4076 by title.
Thelma Brown, City Planner, said although the Code calls for angle
parking, both the City Engineer and she could not recommend that
the angle parking be provided in this area due to the ingress and
egress from this parcel. She said the Planning Commission Denied
this because the petitioner presented his case stating that he had
a non -self-inflicted hardship in that the County took property
from him that they had no legal right to do. She said the Plan-
ning Commission decided that this was not an adequate appeal;
however, staff does recommend approval.
C/W Massaro MOVED APROVAL of Temp. peso. #4076 accepting the 90
degree parking. SECONDED by C/M Stelzer.
C/W Massaro noted that angle parking would be a hazard at this
location.
Joseph Padwa, representative of Concord Village, which is adjacent
to this parcel, said there are no objections to the bank. He said
the only objection is that there are only 15 parking spaces and
they feel this is not sufficient.
Mayor Hart read from the site plan that was approved by both the
City Planner and City Engineer noting that the number of parking
spaces the bank is required to have is in compliance with the City
Code.
Mayor Hart closed the public hearing with no further response.
VOTE. ALL VOTED AYE
LE AL AFFAIR
23• All e v'c a use Co - C m rc'a arb Co lec ion Fran ise - T d 1245 - Discussion and possible action
to renew this franchise for one year. First Reading.
SYNOP IS OF ACTION: APPROVED
on first reading.
Mr. Ruf read 0 d A1245 by title.
C/M Stelzer MOVED APPROVAL of Temp, Ord_. #1245 on first reading,
with the same fee as last year, SECONDED by C/W Massaro.
V TE: DOTED AYE
24. BLQw—ning Fe ris Indust 'es of F orida Inc. - C mmer al
r C ll t'on F anc ise246 - Dis-
cussion and possible action to renew this franchise for one
year. First Reading.
Y 0 I F ACTION: APPROVED
on first reading.
Mr. Ruf read Tom._ Ord.1246 by title.
24
4/9/86
/pm
1
1
I
C/M Stelzer said on Line 14, after the word "garbage" it should
state the word "institutions" next year. He MOVED APPROVAL of
Temp. Ord. #124.6 on first reading, SECONDED by V/M Stein.
VOTE: ALL VOTED AYE
25. County WAstg, In - Commercial Garbage Collection
Franchise - Tem d 1247 - Discussion and possible action
to renew this franchise for one year. First Reading.
SYNOPSIS OF ACTION: APPROVED
on first reading.
Mr. Ruf read Temp. Ord. #1247 by title.
C/M Stelzer MOVED APPROVAL of Temp. d 1247 on first reading,
SECONDED by C/W Massaro.
VOTE:
ALL VOTED AYE
26. Industrial Waste Services -,-Inc. - Commercial Garbege
Collection Franchise - Temp. Ord. #1248 - Discussion and
possible action to renew this franchise for one year. First
Reading.
SYNOPSIS OF ACTION: APPROVED
on first reading.
Mr. Ruf read Temp, d 1248 by title.
C/M Stelzer MOVED APPROVAL of Temp, d 1248 on'first reading,
SECONDED by C/M Gottesman.
V.QTE: ALL VOTED AYE
27. gonkoma Corporation - Commercial Garbage Collection
..Franchise - Temp. d 1249 - Discussion and possible action
to renew this franchise. First Reading.
SYNOPSIS„ OF -ACTION: APPROVED
on first reading.
Mr. Ruf read Temp. Ord,#1„249 by title.
C/M Stelzer MOVED APPROVAL of -TeMp- Qrd. #1249 on first reading,
SECONDED by C/M Gottesman.
VOTE:
ALL -VOTED AYE
28. Southern -Sanitation �ervice - Commercial Qarba_e
11 n Franc ise - Temp. Ord. #1250 -- Discussion and
possible action to renew this franchise for one year. First
Reading.
SYNOPSIS OF ACTION: APPROVED
on first reading.
Mr. Ruf read Temp, d 250 by title.
C/M Stelzer said Council has been requested by the City Clerk to
request an additional bond of $2,000.00 because their franchise
fees have been increased. He said he spoke with representatives
of Southern Sanitation and they assured him the bond will be
provided before second reading of the Ordinance.
25
4/9/86
/pm
C/M Stelzer MOVED APPROVAL of Temp& Ord. #12,50 on first reading
subject to receipt of this bond, SECONDED by V/M
Stein.
Harold H. Newman, resident, asked what commitments these companies
make regarding pickups and Council
explained these are only for
commercial establishments.
TE : ALL VOTED AYE
CONSENT AGENDA
5. Consent Agenda -
a) Minutes of 2/26/86 - Regular Meeting - Approval recommended by
City Clerk.
b) Minutes of 3/12/86 - Regular Meeting - Approval recommended by
City Clerk.
c) Minutes of 3/19/86 - Special Meeting - Approval recommended by
City Clerk.
d) Alan F. Ruf - Consulting City Attorney -- General Services -
3/31/86 - $5,064.25.
e) Alan F. Ruf - Consulting City Attorney - City Prosecution
Services - 3/31/86 - $1,687.25.
f) English, McCaughan & O'Bryan - ESM Litigation Expenses -
3/24/86 - $1,089.62 -
Approval recommended by Finance Director
g) English, McCaughan & O'Bryan - ESM Litigation Expenses -
3/18/86 and 3/19/86 - $436.81 - Approval recommended by
Finance Director.
h) Mitchell Ceasar - Grants Consultant - Widening of University
Drive - 3/26/86 - $731.25
- Approval recommended by City
Manager.
i) Admiral Insurance Agency - Automobile Liability Insurance
Policy Extension through Peninsular Fire Insurance Company -
Policy period of 10/1/85 to l/1/86 - $23,869.00 - Approval
reccommended by Personnel Director.
j) Tamarac Park Satellite Building - Approva to pay the following
invoices
as recommended by the Chief Building Official:
1) Anchorage
Air Conditioning - 3/26/86 - $6,637.90 (includes
an add -on to contract in the amount of $250.00)
2) Level
Line Tile Company, Inc. - 4/3/86 - $3,199.00 (in-
cludes an add -on to contract in the amount of $145.00)
3) Nick Lang
- Contractor - 3/31/86 and 4/3/86 - $3,635.00
4) Elite Drywall, Inc. - 3/21/86 - Invoice
3227 - $80.00 (add -
on to contract for repair of all exterior wall light boxes
where electric pipe comes out of wall)
5) Hal Rresser (Painting) - 4/3/86 - $4,450.00
6) Ace Electric, Inc. - 4/l/86 - $7,590.00
k) Uniform Building Codes - Opposing passage of a Uniform
Building Code by the 1986 State
Legislature - Temp, Reso.
#4083
1) Belfort - Phase I -
1) Release of a warranty bond posted for the water distribu-
tion
system - Temp. Res . #4073
2) Calling of a warranty bond posted for the sewage collection
system - Temp.
so #4074
m) Utilities West - Release of a performance bond posted by Frenz
Enterprises, Inc., for
sewage, grit and sludge removal and
disposal in connection with Bid #85-4 -- Temp. Reso. 4075
n) Versailles Gardens - Approval to renew a model sales permit
for
a six month period from 4/22/86 and to expire on 10/22/86.
26
4/9/86
/pm
0) BOARDS MMITTEE,C
Announcement of expiration in May of the terms of office for
Positions on the following boards and committees:
Beautification Committee 5 regular and up to 3 alternate
positions
Public Information Committee At least 3 members
City Photographer 1 position
Assistant City
Photographer 1 position
Board of Social Services 3 or more members
Recreation Board Not less than 5 members
Fishing Commissioner 2 positions
Welcoming Committee 5 or more members
Burglar Alarm Review
Committee 5 members
Veterans Affairs Committee 5 or more members
Investment Advisory
Committee 5 members..
Insurance Advisory
Committee 5 members
Commissioner of Human
Relations 1 position
Board of Consumer Affairs 12 members
Y F ACTION: RESOLUTION NO. R-86-109 PASSED.
APPROVED Items a) through o), RESOLUTION NO. R-86-110 PASSED.
except for Item L) 2), which RESOLUTION NO. R-86-121 PASSED.
was REMOVED from the agenda,
(See Page 1).
C/M Stelzer noted that Item L) 2) was REMOVED from the agenda in
the morning and he MOVED APPROVAL of Items a) through o) with the
exception of L) 2). SECONDED by C/M Gottesman.
C/W Massaro said on Item h) there was a question as to the amount
Of Mitch Ceasar's bill and C/M Stelzer said this was an incorrect
amount on the first bill but was corrected.
-QTE:
C/M Gottesman Aye
C/M Stelzer Aye
C/W Massaro Nay
V/M Stein Aye
Mayor Hart Aye
GENERAL ADMI ISTRATIVE FI ANCIAL
6. Canfidenti 1 u e Sogv and Mana er' 1 E 1 e s- Temo.
Res . 13811 - Discussion and possible action to a
plan and benefit package for these employees (tablo edfrom pay
3/26/86).
SYNOPSIS F ACTION: RESOLUTION NO. R-86-111 PASSED.
APPROVED except for all provisions
as to sick leave, which were
TABLED until there is a report.
Mr. Ruf read TeMp. Re5o.81 by title.
V/M Stein MOVED APPROVAL of em eso 3811 excluding all
provisions as to sick leave which will be TABLED until Council has
a report. SECONDED by C/W Massaro.
VOTE: ALL YOTED AYE
27
4/9/86
/pm
7. Ambglance-Malpract .99 Ins2141e _ Discussion and possible
action on purchase of this coverage (tabled from 2/12/86)
SYNOPSIS OF ACTIQN: APPROVED
the proposal by the Personnel Director
to endorse the coverage through the
Florida League of Cities onto the
City's existing policy at the 1 million
dollar limit for $3,680.00.
C/M Stelzer said either the City approves payment of this insur-
ance or the two ambulances will have to be taken out of service
and he MOVED APPROVAL of the payment of $3,680.00, SECONDED by
C/M Gottesman.
Y_QTE :
ALL OTED AYE
10. Polic-e Depgrtment hicl s - Discussion and possible action to
authorize solicitation of bids for six (6) 1987 patrol
vehicles.
Y OP I$ OF ACTION: The
City Manager was authorized
to solicit bids.
Mr. Perretti said in checking all Chevrolet dealers in Broward
County, the City is too late to submit bids for 1986 patrol
vehicles; however, they will entertain bids in May for 1987
vehicles. He suggested this be done. He said the BSO feels it
would be prudent to order these vehicles because the estimates
will be given through the appraisers as to the value of the
vehicles and these will be needed.
C/W Massaro said in the memo from the Police Chief it was stated
that Dodge vehicles are also highly rated and are available under
State contract. Mr. Perretti said they checked with the State and
their earliest delivery would be 6 months from now. He said the
1987 models come out in September, 1986.
V/M Stein said this is just authorization to solicit bids and this
is already provided for in the budget. Mr. Perretti said staff
recommends Chevrolets because of the type of maintenance that the
City has with this make of car. He said if the City goes to BSO,
they will have their own maintenance fleet.
V/M Stein MOVED to authorize the City Manager to solicit bids for
six 1987 police cars, SECONDED by C/M Stelzer.
VOTE:
ALL VOTED AYE
11. Investment AdvisOKY Committee - Re r - Discussion and
Possible action.
YN P IS QF ACTION: No
action was taken.
Mayor Hart said the Investment Advisory Committee has recommended
the sale of Zero Coupon Bonds with the money put into investments
for the City. C/M Stelzer said the City presently has approxi-
mately one million dollars in Coupon Bonds for which the City
invested one million dollars. He said these Bonds pay the City
nothing for the length of time they are held but the full value
will be received when they mature.
C/M Stelzer said the value of these
$4,700,000.00. He said this million
could be sold now for $1,500,000.00
Tape 6 for $1,400,000.00.
bonds at maturity will be
dollars worth of securities
and a 12% note could be bought
I
m
4/9/86
/pm
1
1
C/M Stelzer said there would be 20 years of interest and the
return after 20 years would be $3,500,000.00. He said the
difference between what would be received if the bonds were sold
or not sold would be $1,250,000.00.
C/M Stelzer said the income if these bonds were sold and invested
in 12% securities would be $120,000.00 per year, the major portion
of which belongs to the Utility. He said the City would possibly
get approximately $60,000.00 which would be disbursed by percent-
age in all of the City funds.
Mayor Hart said he spoke to the Finance Director and his opinion
was that the City would lose money by selling at this time and, if
the City found in 6 months or a year that this cash was needed,
they could be sold for more money because an additional 14%
interest would be added. He said the Finance Director recommended
that that it would be foolish to sell these bonds at this time.
V/M Stein said he agreed there is no percentage in doing this now.
Mayor Hart said there is no action needed on this item.
12. Resouroe Recovery „Technical Advisory Committee - Temp.
Reso. #4080 - Discussion and possible action to appoint a
member from Tamarac to this committee.
SYNOPSIS OF ACTION: RESOLUTION NO. R-86-113 PASSED.
APPROVED appointing Bill Greenwood,
Utilities Director/City Engineer, or
his designee.
Mr. Ruf read Temp. Reso. #4080 by title.
C/M Stelzer nominated Bill Greenwood, Utilities Director/City
Engineer, or his designee, for this position and, hearing no other
nominees, he so MOVED, SECONDED by V/M Stein.
VOTE: ALL VOTED AYE
13. Broward County Leaaug of. Cities-Bu-siness - Discussion and
possible action.
SYNOPSIS OF ACTION :
Mayor Hart gave a report.
Mayor Hart reported that he attended a meeting last week welcoming
all newly elected officials. He said next week he and the Vice
Mayor will be going to Tallahassee for "Broward Days".
14. Northwest Council of. Mayors_ Business - Discussion and possible
action.
SYNOPSIa OF ACTION:
No report.
Mayor Hart said there is no report at this time.
29
4/9/86
/Pm
COMM TTY DE E PME
36, un ank - Revised„S a Phan - T so. #40 9 - Discussion
and possible action on a revised site plan reflting addition
to the bank building. ec
(located at the northeast corner of Commercial Boulevard and
NW 79 Avenue).
SYNO I F ACTTO :
APPROVED.
RESOLUTION NO. R-86-118 PASSED.
Mr. Ruf read Tempx__BgLgD,__#4072 by title.
Thelma Brown, City Planner, said the zoning is B-1 and the Master
File is #32-18. She said the use request is for an additional
1,120 square feet of office space and the number of acres are
1.371. She said the landscaping plan was not required because
they are not changing any landscaping and they do have adequate
parking for this additional use. She said staff recommends
approval.
C/W Massaro MOVED APPROVAL of Tem Reso C/M Gottesman. #4079, SECONDED by
YQTE . ALL TOTED YE
37. W o m nt Tr c 4$ aterf rd t Woodm nt - Discussion and
Possible action on:
a) Revised site plan for additional parking spaces -
Temp. Reso. #4057 (tabled from 3/26/86)
b) Revised site plan reflecting revisions at the model sales
area - Temper Reso. #4078
c) Waiver of the 300-foot distance requirement for issuance of
certificates of occupancy (tabled from 2/12/86)
SYNOPSTS nP A TI N: RESOLUTION NO. R--86-119 PASSED.
APPROVED a), b) and c). RESOLUTION NO. R-86-120 PASSED.
a) Mr. Ruf read Temp. Rego.. #4057 by title.
—"5
C/W Massaro MOVED APPROVAL of T m . so.
C/M Stelzer. 14057, SECONDED by
Thelma Brown, City Planner, said staff has recommended approval
and she noted there was a complaint from a property owner within
this subdivision indicating there is a deficit of parking and they
requested the developer be required to add one parking space
adjacent to their building. She said this has been reviewed by
both the Chief Building Official and her and they cannot approve
this request because there is not an adequate backup lane for that
additional parking space.
TE: AT
4.L V TED AyE
b) Mr. Ruf read III eso #4078 by title.
C/M Stelzer MOVED APPROVAL of TemP, Reso 40 88, SECONDED by
C/M Gottesman.
OTE: ALL OTED AYE
c) C/W Massaro MOVED APPROVAL of the 300-foot distance waiver
requirement, SECONDED by C/M Stelzer.
TE. ALL OTED AYE
30
4/9/86
/pm
38. Model Sg_Us-FacilityDistance a v rs - Discussion and
possible action on:
a) Waiver form
b) Waiver of the 300-foot distance requirement
certificates of occupancy for the following:
1) Woodmont Tract 72-C (Pineapple Park)
2) Treehouse Apartments
(tabled from 2/12/86)
SYNOPSIS OF ACTION:
a) APPROVED.
b) APPROVED 1) and 2).
for issuance of
a) C/M Stelzer MOVED to APPROVE the waiver form, SECONDED by
C/M Gottesman.
C/W Massaro asked who will sign these forms and Bob Jahn, Chief
Building Official, said every purchaser that would be within the
300--foot or 150-foot radius, depending on whether they were a
condominium or single family dwelling, would have to sign this
form. He said this would be kept as a record in case there should
be a complaint.
V/M Stein asked who will be monitoring this and Mr. Jahn said the
only policing would be done at the time they have to bring in a
renewal application and they turn in those waiver forms.
C/W Massaro asked if there is a fee for this and Mr. Jahn said
there is a fee for the waiver itself and the license but no fee to
cover the form. C/W Massaro asked what the fee was when they
request a waiver and Mr. Jahn said $200.00.
VOTE:
ALL VOTED_ AYE
b) Mr. Jahn said the renewal of the waiver of the 300-foot dis-
tance requirement for certificates of occupancy was held awaiting
preparation of this waiver form. C/W Massaro asked Mr. Jahn if he
determines a need before these waivers are given and Mr. Jahn said
when an applicant completes an application, it is required that
they furnish a site plan marking the circle around the model sales
facility.
Mr. Jahn said the application is made when a developer wishes to
establish on site a model sales office. C/W Massaro noted that
this area was created so that the developer would sell the homes
outside that area first and then ask for a waiver to go into that
area. She said that was the way the Ordinance was originally
created and Mr. Jahn said it has been handled differently. She
said the purpose was that there should be no people living within
that area until the other homes are sold.
C/M Stelzer suggested that the Ordinance be reviewed and V/M Stein
said he agreed and any suggestions, changes or corrections should
be sent to Council in memo form.
V/M Stein MOVED APPROVAL of the waiver of 300-foot distance
requirement for issuance of certificates of occupancy for both
1) and 2), SECONDED by C/M Stelzer.
VOTE: ALL VOTED &YE
39. Lake Colony (Brog-kWpod Gardens -- Discussion and possible
action on:
a) Model sales facility - Units 30 - 32
b) Waiver of the 300-foot distance requirement for issuance of
certificates of occupancy
(tabled from 2/26/86)
S_YHOPS IS OF ACTION: TABLED
for payment of fees in arrears.
31
4/9/86
/pm
C/M Stelzer noted that there are Guaranteed Revenues in arrears in
the amount of $1,165.10 and he MOVED to TABLE this item for
payment of this amount, SECONDED by C/M Gottesman.
VOTE•
ALL y_OTED AYE
40. Golf Villas of Sabal Palm - Discussion and possible action on
a request to substitute a Letter of Credit for a cash bond
which was posted as a homeowner warranty (tabled from 3/26/86)
SYNOPSIS OF ACTION:
Authorized the return of the cash
bond posted for Building #6 as
Letter of Credit #1200 has been
posted to replace the cash.
Mr. Ruf said Richard Rednor of his office reviewed the Ordinance
as it stands currently and the request here is to substitute a
Letter of Credit for cash. He said Mr. Rednor's conclusion was
that there is a Letter of Credit in proper form that can be taken
as a substitute for the cash and that the Letter of Credit is an
acceptable surety under the existing Ordinance.
C/W Massaro said this was tabled so that the City Attorney could
prepare a suitable Letter of Credit or Ordinance that would apply
to rental property. She said even the builder suggested that the
Letter of Credit for a rental should relate to maintenance of the
homes.
V/M Stein said presently there is a requirement of either a HOW or
cash bond from the builder; however, this was originally prepared
with ownership in mind. He said the absurdity of the situation is
that with rentals, the bond would go to him as owner of the
buildings. He asked if the City wants to get involved in
guarantees as to construction, maintenance, etc., which normally
run from a builder to an owner. He said he is uncertain how legal
it is to require such a guarantee.
Mr. Jahn said on the advice of the City Attorney he has been
accepting and altered the Letter of Credit. He said it is still
from and to the same parties but it has a 3-year guarantee.
C/W Massaro said this developer's Letter of Credit originally was
only for one year. She said Mr. Ruf should review this and advise
Council on what should be done.
Mr. Ruf said there will be discussion of this further when Item 29
is discussed and this is basically a Legislative decision as to
whether the City wants to be in the business of guaranteeing
rentals.
V/M Stein said Item 29 concerns a new Ordinance and this developer
should not be required to conform to that when he built under the
old ordinance. He said this developer was told to change the
Letter of Credit from one to three years and he feels the City is
bound to return his money.
V/M Stein MOVED to authorize the return of the cash bond with
acceptance of the Letter of Credit, SECONDED by C/M Stelzer.
VOTE: ALL VQTED AYE r
i
1
32
4/9/86
/pm
LEGAL AFFAIRS
29. Ho eowner Warrant Bonds - Temp. Ord-_#1243 - Discussion and
possible action to amend Chapter 7 of the Code to ,revise the
HOW bonding requirements for multi -family rental developments.
Second Reading. (Public hearing held 3/12/86).
SYNQPSIS QF ACTION:
TABLED.
Mr. Ruf read TgIDps Ord. #1243 by title.
Mr. Ruf said this Ordinance was prepared by Mr. Henning prior to
the time that he left and Mr. Rednor wrote a memo to him dated
4/7/86 indicating that in review of this Ordinance, it is now in a
form that is appropriate for Council's consideration. He said he
discussed philosophically if this is the type of business that the
City wants to be in.
Mr. Ruf said his office has been involved in a protracted litiga-
tion in the County Court on a claim by an estate for $1,500.00
because a HOW bond was not put up. He said they were sued, the
bank was sued and they had to take Building Officials to Court and
he questioned whether this is an appropriate function of govern-
ment. He said the City's exposure is far broader if the City will
be a guarantor in large projects.
C/W Massaro said now that the City will have a Code Enforcement
Board, there may be more legislation needed to control how the
rental units are maintained. V/M Stein said the Code can be
amended so that they must comply with the Code Enforcement Board.
Mayor Hart said North Lauderdale recently developed an Ordinance
because of a situation in an area called Silver Lake and he
requested his secretary get a copy of their Ordinance as guidance
for Tamarac. He said he is not aware of any City which has gotten
involved in these guarantees to a purchaser.
V/M Stein MOVED to TABLE this item, SECONDED by C/W Massaro.
VOTE: ALL VOTED AYE
31. John Purdy vs the City of Tamarac - Discussion and possible
action to increase the legal fees authorized to Attorney John
Gronda, who is representing the City in this matter.
SYNOPSIS OF -ACTION: APPROVED
raising the cap for legal fees to
$7,500.00.
City Manager Perretti said Council recently approved a maximum
amount of $2,500.00 for John Gronda, Labor Counsel for the City.
He said there have been a few meetings since that time and
Sgt. Purdy's attorney is taking this case to three different courts
of law and this has created a problem since the case must be
defended by the City. He said because of that, they are requesting
an additional $5,00.0.0.0 is requested to a maximum amount of
$7,500.00 for the expenditures of John Gronda.
Mr. Perretti said this case concerns an employee who wishes to
return to work after a heart attack and the City is more than
willing to have him return to work providing he passes the City's
physical. He said the City's doctors have stated that they feel he
is not capable of returning to work. He said they have requested a
third party doctor examine Mr. Purdy and this is the problem at
this time.
33
4/9/86
/Pm C�
Mr. Perretti said rather than going through the proper procedures
provided by the Personnel Manual, Mr. Purdy's attorney has gone
through Human Rights and is charging age discrimination, job
opportunity discrimination, etc.
C/M Gottesman asked if Mr. Purdy was offered a job less arduous
than his former job and Mr. Perretti said this was one of the
Tape 7 possibilities that was open.
C/M Stelzer MOVED APPROVAL of raising the cap for legal fees to
$7,500.00. SECONDED by C/W Massaro.
TE : ALL yOTED AYE
COMMUNTTV DE E PMENT
49. Cent_re at Woodmont - to P an and Related I e s -
Discussion and possible action.
S-XNO.PSIS OF ACTION: Agendized by Consent on Page 3.
TABLED until after the Ordinance
relating to fees for future traffic
needs is approved.
V/M Stein said if something is done by Council today,
cause problems and he suggested everyone who has previously
pa
id
fees for future traffic needs should receive refunds at one time.
Alan Ruf, Consulting City Attorney, said he reviewed all old
minutes of various developments and made a list of those people
that contributed voluntary contributions outright and the others
who are allowed to get a reimbursement if there is not an Ordinance
in place in 6 months. He said the earliest date that 6 months
would be up is 5/27/86.
Mr. Ruf said he would suggest that Traffic Signalization Fees not
be waived but that he commit himself to pay the Traffic Signaliza-
tion Fee that may be put in place. He said no final inspections or
certificates of occupancy should be issued until the Traffic
Signalization Fee is paid, if one is put in place, anytime in the
next 12 months.
Mr. Ruf said if Council decides to move this project forward today,
a string can be put on this developer to have him commit today that
he will sign an agreement that states he will pay the Traffic
Signalization Fee when it is imposed.
V/M Stein said Council has a report from the City Attorney's office
that no one can substantiate a Traffic Signalization Fee with or
without a study. He said after all the research he is not happy
that this cannot be substantiated.
V/M Stein MOVED to TABLE this item until the Ordinance is passed,
SECONDED by C/M Stelzer.
Mr. Ruf noted that the Council meeting scheduled for Friday night,
4/11/86, will have first reading of the Ordinance and the City
Clerk will be required to announce the date of the second public
hearing. He said everyone who has paid a traffic signalization
contribution or fee or a traffic impact fee or contribution, has
done so on the record voluntarily.
34
4/9/86
/pm
C
1
C�
C/W Massaro noted that it has been stated on the record that if the
Ordinance was not passed in 6 months the money would be refunded.
VOTE:
C/M Gottesman Aye
C/M Stelzer Aye
C/W Massaro Nay
V/M Stein Aye
Mayor Hart Aye
GENERAL ADMINISTRATIVE/FINANCIAL
44. CH2M Hill - 3 Invoices - Discussion and possible action.
SYNOPSISOF_,ACTION: Agendized by Consent on Page 2.
APPROVED payment of these invoices.
EDITOR'S TE: Approval was given to pay the following invoices:
1) $54.16 - 4/7/86 - TUW - Charge to Account #434--507-599--324
named Sludge Dewatering.
2) $4,735.50 - 4/7/86 - TUW - Charge to Account #434-506-598-324
named Deep Well Injection.
3) $12,255.41 - 4/7/86 - TUW - Charge to Account #434-510-595-324
named NW Force Main.
C/M Stelzer MOVED to authorize payment of these three invoices,
SECONDED by V/M Stein.
TE:
C/W Massaro asked if an
to approve a developer's
Ordinance is approved.
approved so that he can
the Council controls the
LE_QAL AFFAIRS
ALL VOTED AYE
Ordinance is not passed, can Council refuse
plans if the money is not taken before the
She asked if his plans should not be
move forward and Mr. Ruf said legislatively
agenda,
34. 5elf Ins a-e-d Hospitalization and Major Medical Valuation -
Discussion and possible action to approve a three-month valu-
ation by Kruse, O'Connor and Ling to comply with State require-
ments.
SYNOPSIS OF ACTION: APPROVED
for the sum of $1,500.00.
Judy Deutsch, Personnel Director, said when the City became self -
insured in July, 1984, the City was supposed to file an impact
statement with the State and this was not done. She said, there-
fore, this had to be done retroactively. She said the State
requires that if there is any unfunded liability, it must be
provided for in the next fiscal year. She said that is the import-
ance of filing this on a timely basis.
Mrs. Deutsch said because this year the anniversary date was
extended from July 15th to October lst, there was an additional 3
months. She said the City does have the option of keeping the
actuarial impact statement on a July anniversary date even though
the year for the health insurance is on an October 1 date. She
said she would rather have the 3 month statement so that the City
does not have fiscal problems with the program.
V/M Stein noted this was a tremendous increase and Mrs. Deutsch
said they still must plug the figures into the computer and come up
with statements whether the figures are $100.00 or $1,000.00.
V/M Stein asked if this was required by the State and Mrs. Deutsch
said it is not required that the 3 month impact statement be done
but she is recommending it be done so that it be in line for the
calendar year for self-insurance.
y
35
4/9/86
/pm
C/M Gottesman asked if the fiscal period cannot be changed on
10/1/86 and Mrs. Deutsch said the City would have to have it done
on a maximum 12 month period. She said they can do 3 months but
cannot do 15 months next year. V/M Stein asked why 15 months
cannot be bought at a time and Mrs. Deutsch said the valuation that
was first done was for the period of 7/15/84 to 7/15/85. She said
they would then be required by law to do the next valuation on
7/15/86 and there would be a 3 month lag with the plan year.
Mrs. Deutsch said only 12 months can be bought at one time because
it must be filed on an annual basis. She said based on the actu-
arial valuation, the State can declare the City unfunded to the
amount of $100,000.00. She said this should be known in advance so
that when they have to file the premiums they can do that to make
sure they cover the unfunded liability.
V/M Stein MOVED to APPROVE the extra 90 days coverage in the amount
Of $1,500.00. SECONDED by C/M Gottesman.
VOTE' ALL VOTEDAYE
TAMARAC T7TTT.TrVTPQ
45. ee ent w't Will'ams atfield toner, Inc. -
n'ta ew r R hab"1'tation - P o'ect 84-4 - For
C_tton Pct ReVieW Perf rmanc 1 000 - Discussion Certificati n"
�00 and possible action.
SYNOPSTR nF ArMTAXT: Agendized by Consent on Page 2.
APPROVED.
C/M Stelzer said staff recommends approval and he so MOVED,
SECONDED by V/M Stein.
V TE:
A L VOTED AYE
GENERAL DMI I TRATI E FINA CIAL
46. a ar c El entar c ool - Traff'c L' t t
and Un'versi D ive - Discussion and possible action.
eet
Y P F ACTION: Agendized by Consent on Page 2.
City Manager Perretti gave a report
and requested action be held for a
report by Judy Hunt of the School
Board concerning the feasibility of
a two-way light.
City Manager Perretti said the light on NW 78 St. and University
Dr., which is already installed, will not be put on by the DOT
because of the traffic flow and pattern from Tamarac Elementary
School. He said at the present time, the flow which was initially
approved by the School Board was to have the people enter NW 78 St.
onto the access road into Tamarac Elementary School and exit on
University Dr. by a right turn.
Mr. Perretti said at the time that the School Board made this
recommendation, they also recommended that the traffic light be
installed. He said the DOT said that in order for the traffic
light to be installed and comply with the City's statistics of
installing traffic lights, two-way traffic would be needed from the
school. He said that would mean ingress and egress from NW 78 St.
going back to the traffic light on NW 78 St. He said if that is
the case, the DOT will then install the light.
36
4/9/86
/pm
Mr. Perretti said City Planner, Thelma Brown, the Principal of
Tamarac Elementary School, Dave Harris and Sgt. Helton of the
Police Department and he were examining this area to determine
possible solutions to block the exit to University Dr. He said
this has been hazardous because any parent picking up a child and
living north of the school has been exiting on University Dr. and
making a U turn to head north.
Mr. Perretti said the new pattern would ingress and egress NW 78
St. where there would be a circle in the school itself on the north
end of the building. He said the road is wide enough and the only
requirement is 24 feet and this complies with that. He said the
Centre at Woodmont developer has promised that if their item was
approved, they would install a sidewalk by the access road. He
said presently the road itself is being marked in yellow for the
passage for the children to walk.
Mr. Perretti said the school Principal has agreed to this and
Judy Hunt of the School Board has stated she would be pleased to
bring this to the Planning Board at the School Board. He said
Judy Kitograd of the Police Department is also the President of the
Advisory of Tamarac Elementary School and she approved of this and
she will call Mrs. Hunt this morning concerning this.
Mr. Perretti said Mrs. Hunt is meeting in Tallahassee to discuss
several problem areas in Broward County and she stated this would
be discussed with DOT. He said he would like to recommend that the
City cut off access on University Dr. at this location because it
is a potential for a dangerous accident.
Mr. Perretti said the County is aware that the City is serious
about action being taken as soon as possible and he requested
Council wait for Judy Hunt's report before action is taken.
C/W Massaro said Mr. Gutierrez of Centre at Woodmont had agreed to
rebuild that road and was ready to bond it for $25,000.00 to build
a sidewalk and cul-de-sac. She said because he had to put drainage
in that location, he would have started this to coincide with the
end of the school year and finished before school resumes in
September. She said this would be done with an agreement that at
some point in time, when Bonaire is ready to build on the other
side, they will refund him half the cost for this once bids are
received and approved by Council.
BOARDS AND COMMITTEES,
47. Combiningthp Welcoming Committge,and Public Information
Committee - Temp. Ord. #,1255 - Discussion and possible action.
First Reading.
SYNOPST$ OF„&CTION: Agendized by Consent on Page 3.
APPROVED on first reading
as amended.
Mr. Ruf read Temp, Qrd,#1255 by title.
Mr. Ruf said in writing Section 2, "Additional Responsibilities",
which are now going to be the responsibilities of the PIC, he took
out the mandatory word "shall" and put the permissive word "may" in
two places.
37
4/9/86
/pm
Mr. Ruf said under the old Welcoming Committee, under C, it said,
"This Committee shall work with the City Council and the City staff
to educate..." and further on the same Page it states, "The
Committee shall invite residents to Council meetings, conduct tours
of City Hall...". He noted that Council may want to go back to the
mandatory words.
V/M Stein said he would prefer having the first "may" be "shall"
and, with that amendment, he MOVED APPROVAL of Te R. Ord.
#1255 on first reading. SECONDED by C/M Stelzer.
VOTE: ALL VOTED AYE
48. Combining the V@terans Affairs Committee and Recreation
Committee - Temp. Ord-,--#1256 - Discussion and possible action.
First Reading.
SYNOPSIS OF ACTION: Agendized by Consent on Page 3.
APPROVED on first reading.
Mr. Ruf read Temp. Ord. #1256 by title.
V/M Stein MOVED APPROVAL of Temp. Ord. #1256 on first reading,
SECONDED by C/M Stelzer.
YQTE:
ALL VOTED AYE
51. Repealing of Position of Commissioner of Human Relations--
T-emp -Qjd. #1257 - Discussion and posible action. First
Reading.
SYNOPSIS OF ACTION: Agendized by Consent.
APPROVED on first reading.
V/M Stein MOVED
to Agendized this
item
by Consent, SECONDED by
C/M Stelzer.
VOTE •
ALL
VOTED
AYE
Mr. Ruf read Temp.
Ord. #1257 by
title.
V/M Stein MOVED
APPROVAL of Temp.
Ord.#1257
on first reading,
SECONDED by C/M
Gottesman.
VOTE:
ALL
VOTED
AYE
GENERAL ADMINISTRATIVE/FINANCIAL
50. Wgter Bills - Discussion and possible action.
SYN- OPSIS QF ACTION: Agendized by Consent on Page 3.
TABLED and referred to the City
Attorney's office.
C/M Stelzer said Charlotte Dressler, Accounting Manager, has
notified Council that there is no way of enforcing collections on
rental properties and she asked that Council withhold Occupational
Licenses for rentaI-PSroperty. He said the comment on the bottom of
the letter states that not all rental properties get Occupational
Licenses.
C/W Massaro noted that the applicant must rent 3 or more apartments
in order to require an Occupational License.
V/M Stein said there are questions and he MOVED that this be TABLED
and referred to the City Attorney's office, SECONDED by
C/M Gottesman.
TE: ALL -VOTED AYE
38
4/9/86
/pm
41. City Counc
Mayor Hart --
No
report.
V/M „Stein
- No
report.
CZE Massaro
- (See
Below).
_C1M ,atelzer
- No
report.
C M GottesMan --
No
report.
42. City Manager
Report
-
City Manager Perretti said staff is prepared to give Council the
6-month budget review and he requested that a Special Meeting be
Tape 8 held on 4/22/86. Mayor Hart noted that there will be a Special
Meeting held for this purpose.
V/M Stein asked Mr. Perretti if more resumes have been received for
the position of City Attorney and Mr. Perretti said they have
received 5 more and they were sent to the Attorneys with a cover
letter stating that they give him their selections by the end of
next week.
43. City Attor eey._Report - No report.
41. City Council }deports - (See Above).
C/W Massaro said before the meeting scheduled for Friday evening,
4/11/86, all the information pertaining to the bond issue should be
given to Council so that it can be studied.
Mr. Ruf said Council would not want the underwriter to pay the bond
counsel since that would be a conflict of interest. He said the
bond counsel works for the City and the underwriters work for the
City and they watch each other. He said the bond underwriter also
has an attorney for their advice.
V/M Stein suggested that Council meet with Mr. Heffernan, the Bond
Counsel, because the rates charged were extensive.
Mayor Hart adjourned the meeting at 4:05 P.M.
MAYOR
TTEST:
CITY CLERk
This public document was promulgated at a cost of $382.75
or $10.63 per copy to inform the general public and public officers
and employees about recent opinions and considerations by the City
Council of the City of Tamarac.
CITY OF TAMARAC
APPROVED AT MEETING Of
City C rk
39
4/9/86
/pm