HomeMy WebLinkAbout1985-05-22 - City Commission Regular Meeting MinutesZTAg!
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p,0. BOX 25010
TAMARAC, FLORIDA 33320
FIRST CLASS MAIL
CITY OF TAMARAC
CITY COUNCIL
REGULAR COUNCIL MEETING
WEDNESDAY, MAY 22, 1985
CALL TO ORDER: 9:00 A.M.
ANNOUNCEMENTS OF TIME ALLOCATIONS - MOTIONS TO TABLE - The Chair
at this time will announce those items which have been given a
specific time to be heard, and will entertain motions from Council
members to table those items which require research. Council may
agendize by majority consent matters of an urgent nature which
have come to Council's attention after publication.
PRESENTATIONS AND AWARDS
1. Employee Service Awards - Presentation by City Manager Johnson
ot tive-year pins to Scott Silverman, Police Department, Brett
Soloway, John Gerhard and John Schumacher, Fire Department,
and Tony Brantley, Utilities West.
5/22/85 pg 2 Pins
riven by C/M to
iepart.heads.
5/ZZ85 pg 2.Proc.
2.
American Le ion Post 265 - Presentation by Mayor Kravitz of
resented.
a proclamation designating May 24, 1985 as "Poppy Day".
/Z785 pg 3.Cert.
3.
Public Information Committee - Presentation by Mayor Kravitz
resented to Loui:
of Certificates of Appreciation to Sydney Bass, Louis
Silverman & refuse
Silverman, Dr. Alfred Wald and Cecilia Ehrlich, farmer members
Dthers no present
of this committee.
to recv.certif.
BOARDS AND COMMITTEES
4.
Public Information Committee - Discussion and possible action
/22/85 pg 3,4.
to approve the solicitation of advertising for the Tam -A -Gram
AELED to future
_ _ ..
and Tamarac Yearbook.
mt
5.
Welcoming Committee - ..em . Reso. #3633 - Discussion and
/22/85 pg 4.Appoii
possible action to appoint one additional member.
Harold I:amerlin;
6.
Recreation Board - Temp. Reso. #3634 - Discussion and possible
/2.2/85 pg 4. No
action to appoint additional members.
da'l members
appointed.
7.
Investment Advisory Committee - Temp. Reso. #3626 - Discussion
/22185 pg 4-5.
an possible action to appoint at east three but not more
Pmbeber appoint.
m
than five members.
member
memrs to
x ire 11/11/85.
8.
Insurance Advisory Committee - Discussion and possible action
/22J85 pg 5. a)
on: _
APPROVED 2nd rear
a) Creating Section 2-43 of the Code to establish this com-
) Announc.of 5
mittee by Temp. Ord. #1194. Second Reading. (Public
vacancies made.
Hearing he 5
b) Announcement of five vacancies on this committee.
If anyone is interested in serving on this committee, please
contact the City Clerk's office for an application.
PF
CONSENT AGENDA
PAGE TWO
5/22/85
9. Items listed under Item #9, Consent Agenda, are viewed to be
routine and the recommendation will be enacted by one motion
in the form listed below. If discussion is desired, then the
item(s) will be removed from the Consent Agenda and will ?be
considered separately.
a) Minutes of 4/10/85 - Regular Meeting - Approval recom-
mended by City Clerk.
b) Minutes of 4/22/85 - Special Meeting - Approval recom-
mended by City Clerk.
c) Alan F. Ruf - Consulting City Attorney - 5/15/85 -
$1,757.00 - Approval recommended by City Attorney.
d) Mitchell Ceasar, P.A. - Consulting Services for University
Drive Widening Project - May 3, 1985 - $1,000.00 -
Approval recommended by City Manager.
e) Touche Ross & Co. - Services in connection with proposed
Bond Offering - 4/30/85 - $3,500.00 - Approval recommended
by Finance Department.
f) Moody & Jones - Counsel for Charter Board - Services for
March, 1985 - $435.00 - Approval recommended by Charter
Board Chairman.
g) James M. Montgomery, Consulting Engineers, Inc. - Approval
to pay the following invoices:
1) Invoice 51261 - $172.5.0. - TUW Sewage Treatment Plant
#3 structural rehabilitation.
2) Invoice 53637 - $3,196.00 - TUW Rate Study
h) CH2M Hill - Services for period ending 3/24/85 - Invoice
04-0459 - $10,971.81 - Sludge Dewatering and Composting -
Approval recommended by City Engineer/Utilities Director.
i) Utilities West
1) Approval to purchase a 1.985 Ford Station Wagon from
Reid Ford in the amount of $8,563.50, under State
Contract, to replace Vehicle #402 which has been taken
out of service.
2) Office Building Communications System - Approval of
Change Order 112 increasing the contract by $342.07
from a total of $8,736.35 to a total of $9,078.42.
j) Tamarac Presidents Council request for referendum regarding
Sabal Palm Golf area - Approval to remove this item from
the agenda.
GENERAL ADMINISTRATIVE/FINANCIAL
10. Bid Award - Parks and Recreation Department - Temp Reso.
- Discussion and possibie action to award a bid for
a grass vacuum.
11. Tamarac Park Satellite Building,- Discussion and possible
action on:
a) Approval of payment No. 3 to George Feld and Associates,
Inc., in the amount of $17,963.10.
b) Approval of payment to Tabares Truss Corporation and
George feld and Associates, Inc., in the amount of
$6,400.00.
c) Status report.
5/22/85 pg 17-18
APPROVED a)thru
c) and 3)thru j)
Item d)REMOVED
and TABLED for
receipt of montH
report.
6
5/22/85 pg 5-6
APPROVED awardin.
bid to DeBra Turf
& Industrial
Equip.Co. amt.
of $2,525.00.
5/22/85 pg 6
a)APPROVED
b)APPROVED
c)5tatus rpt
given.
12. Tract 27 Soccer
Field
- Discussion and possible action on a
5O85 pg 7.
`P2
PROVED w/
request by the
Florida
Sun Professional Soccer Team to use
conditions
the City soccer
field
on Tract 27.
PAGE THREE
5/22/85
0
13. Wellfield Protection Program - Discussion and possible
action to aut orize James M. Montgomery, Consulting
Engineers, Inc. to prepare the permit application and
design to conform with this program for the fuel storage
tanks for Fire Stations 1 and 2 and Utilities West.
14. Bid Award - Utilities West - Temp. Reso. #3636 -
Discussion aible action to award a bid for four
(4) vortex pumps.
15. Drivewav Repairs - Temp. Reso. #3638 - Discussion and
possible action to amend a bid awarded by Resolution
84-395 to Inland Sealcoating, Inc., in order to complete
the repairs required.
16. FP&L Phoenix Substation - Discussion and possible action
on a request by FP&L or waiver by the City of the water
meter deposit at this substation.
17. Bid Award - Wildlife Preserve - 7 -
Discssion an possible action to award a x or chain
u
link fencing.
5/22/85 pg 20
APPROVED on cost
plus basis not
to exceed $5,000.
5/22/85 pg 20.
APPROVED bid to
Ellis Phelps & Co.
for $53,000-funds
to comefrom R&R
acSr: 428-368-535-
18. Cit De ositor - Discussion and possible action regarding
the City s sweep (checking) account at NCNB National
Bank of Florida. Report and recommendations (tabled
from 5/8/85).
19. Municipal Complex - Discussion and possible action on:
a -Status report on plans.
b) Payment of Miller & Meier Invoice No. F1301 in the
amount of $21,427.66 (tabled from 5/8/85).
/22/85 pg2U-21
MENDED agenda &
PPROVED author.
or City to solici
ids for add 1
airs.
p&L pg
525.install.Amend1
e rreeare3obwi��k
pp 1.
,PPROVED bid to
'ed.Fence Co. for
;7,434.72.
i- -35 pg 21-7-2
'ABLED at req.of
VM and C/A.
22-85 pg 9-11
_ 5-22-85 pg 7,8
20. Mana ement Efficient Stud - Cod & Associates Inc. )N.Pellegr7,8
Discussion and possible action on: gave rpt.b)APPRVD.
ino
a) Presentation by N.E. Pellegrino.
B) Payment of the second and third (final) invoices
totalling $7,000.00.
21. Broward League of Cities Business - Discussion and
possi a action.
LEGAL AFFAIRS
22. Cit Council Le islative Aides - Tem Ord. ��1197 -
Discussion an possi a action to create ection 2-11.3
of the Code to provide for appointment, approval and
qualifications of legislative aides to Council members.
First Reading.
23. Committee procedures _ Tem Ord. #1198 - Discussion and
possible action to amend Chapter 2 of the Code
(Ordinance 84-66) establishing discharge of committee
members for cause only and establishing a pre -discharge..
hearing. First Reading.
24. Em to ee Salary Increases - Temp. Reso. #3632 - Dis-
cussion and possible action -Co establish a procedure to
notify the City Council of any multiple step, range and/or
pay grade level increment granted to City employees.
-22-85 pg 22.
apor Kravitz rpu
list of propose(
e$is.from Tallah�
hich affects
ities' connec. w/
,eaue is expected,
-22-85 pg 22
TPROVED 1st read,
-22-85 pg 22-23
ENTED on lst rea«
22-85 pg 23.
PROVED
PAGE FOUR
5/22/85
25.
Bruce E an Pro err - Discussion and possible action
5 22 85 pg 23-24
to determine whether to appeal the decision of the court
C/A was author.
or to advertise for a public hearing for Rezoning
to proceed w/
Petition #27-Z-$4•
advertisement fors
pub.hear.for Re-
26.
Replacement Water Heaters - Discussion and possible action
Zoning Pet. NO
regarding Building Department fees, permits and inspec-
e eal of ct.orderi
tions.
5/22/85 pg 24-25
C/A was directed
-
- - - - - - - - - - - - - - - - - - - - - - - -
to prepare reso
- - - - - -
to provide for
PUBLIC HEARINGS - 2 : 00 P.M.
bldg permit fee
Water and Sewer Charges - Temp. Ord. #1195 - Discussion
of $15. for re-
placement27. Wa
an possible action to amend Section 7-5 of the Code
to delete all references to deferred
heaters.
5/22/85
payments and
financing of contribution charges and to amend Section
ear.
1e pOrd.TAr'he d
27-52 of the Code to delete some references to deferred
TempOrd.TABLED.
payments for guaranteed revenues. Second Reading.
28.
Utilities West - Grant Revenues - Temp. Ord. #�1196 _
Discussion
5 b.Hea pg 12.
and possible action to amen Chapter-7 of the
Code pertaining to State of Florida Grant Revenue Gener-
Temp.
Temp.Ord.APPROVED
ation System Requirements. Second Reading.
as amend.5/21/85
29.
Utilities West - Temp. Reso. ��3639 - Discussion and
5/22/ea pg 13.
possible action a ter receiving comments on the sludge
Pub.Hr.held
handling alternatives including sludge composting and
Temp.Reso.APPROVE'
trucking of dewatered sludge to orange groves in Palm
Beach County.
30.
Pulte Home Cor oration - RezoningPetition #10-Z-85 -
5/22/85 pg 13-14
Temp. Or . -#1199 - Discussion and possi e action to
a)ACCEPTED b)
rezone t e previous Recreation Parcel #2 of Cypress III
Temp.Ord APPROVED
from S-1 (Open Space/Recreation) to R-4A (Planned Apart-
1st read.Pub.Hear
ments). First Reading. (Due to a new site plan for
held.
Jasmine Project, this recreation parcel is planned to be
relocated).
a) Acceptance of Affidavit of Publication, Affidavit of
Mailing and Affidavit of Posting.
b) Consideration of application.
31.
Pulte Home Corporation - Rezoning Petition_#11-Z--85 --
5/22/85 pg 14
em . Or - Discussion and possible action to
a)ACCEPTED b)Temp
rezone an s on the north side of NW 70 Street, approx-
1st
imately 280 feet east of NW 88 Avenue, from R-4A (Planned
read.Ord.APub.HePRVED
Apartments) to S-1 (Open Space/Recreation). First
held.
held.
Reading. (This is the Recreation Parcel for the proposed
Jasmine Project, which is the southern portion of
Cypress III.)
a) Acceptance of Affidavit of Publication, Affidavit of
Mailing and Affidavit of Posting.
b) Consideration of application.
■
PAGE FIVE
5/22/85
COMMUNITY DEVELOPMENT
32. Jasmine Project (Pulte Homes Corp.) - Discussion and
possible action on:
a) Site Plan - Temp. Reso. #3645.
b) Assignment of Woodmont Tract 77 Water and Sewer
Developers Agreement.
c) Acceptance of an on -site ingress and egress easement -
Temp. Reso. #3646.
d) Acceptance of an off --site public safety ingress/
egress easement -Temp. Reso._ L�3647.
e) Petition #1-V-85 - Vacation of certain utility
easements within a portion of Cypress at Woodmont III
(Woodmont Tract 77 and a portion of Woodmont Tract 68)
Temp. Ord. #1201.
f) Petition -V- - Vacation of certain drainage
easements wit �n a portion of Cypress at Woodmont III
(Woodmont Tract 77 and a portion of Woodmont Tract 68)
Temp. Ord. #1202.
33. Belfort -- Revised Site Plan - Temp. Reso. #3643 --
i scussion an possi e action on a revise site plan
reflecting revision to phase lines, building type to two -
bedroom deluxe for eleven buildings, shifting of build-
ings, addition of steps at recreation area and relocation
of waterfall pump.
34. Marshall's Plaza - Revised Site Plan - Tem . Reso. #3644
Discussion ana possible action on a revised site plan
reflecting deletion of Fotomat kiosk building and the
addition of six par}cing spaces.
35. Oasis Lounge at 3 Lakes Plaza - Discussion and possible
action on a request to provide for the extension of the
hours of operation beyond 2:00 A.M. (fabled from 5/8/85)•
36. Lakeside Apartments - Warranty Bond - Temp. Reso. #3640
Discussion and possible action regarding isposition o
a warranty bond for public improvements.
37. St. Malachy Catholic Church - Discussion and possible
action on:
a) Release of a performance bond posted for public
improvements subject to receipt of a one-year warranty
bond - Temp. Reso. #3641.
b) Acceptanceof the bill of sale for the water dis-
tribution system improvements - Temp. Reso. #3642.
38. Lakes of Carriage Hills - Model Sales Facilit - Dis-
cussion and possible action to renew a model
permit for a facility located at 6180 Rock Island Road.
5/22/85 pg 25,26
TABLED at req.
of dev.Items a)
thru f)
/22/85 pg 15
,PPROVED Temp.
Reso #3643
/22/85 pg 15
PPROVED Temp.
REso. #3644
/22/85 pg lb -IV
/A was directed
o prepare legis.
or opening at 7a-
on-Sun.& until 4
m for St Pat's &
ew Year s Eve.
/22/85 pg 26
REMOVED
/22/85 pg 26
)APPOVED release
f Ltr of Cred .
90618257 for $22,
60.subj.to rec'p,
f a 1 yr.warr.bond
f $3,058.75.b)
PPROVED
/22/85 pg 27.
PRROVED renewal
f permit for 6
�os.from 5/27/85
39. Lake Colon (Brookwood Gardens) - Model Sales Facility - /22/85 pg 27
Discussion and possible action to renew a model sales kPPROVED renewal
permit and waiver of the 300-foot distance requirement Df permit for 6
for certificates of occupancy. nos.from 5/30/85
REPORTS
40. City Council
it 41. City Manager
42 City Attorney
22/85 DR 29
/22/85 pg 17
/22/85 pg 28
5/22/85
PAGE 6
PUBLIC HEARINGS - 5:05 P.M.
43. Animal Clinics - Temp. Ord. #1170 - Discussion and possibl
action to amend Section 28-__17_oT the Code to permit such
clinics (no boarding kennels for animals) in B-5 (Limited
Business) districts by special exception and in B-6
(Business) zoning districts. First Reading.
5/22/85 pg 35-36
APPROVED 1st 'read'i
as amended.
44. Driveway Entrances -- Temp. Ord. #1171 - Discussion and 5/22/85 pg 36-37AppRovED 5/1 re-
possi e action to amen Section - o,f the Code to pro- vision 1st r ?►.
hibit the use of the parking aisles as the principal means
of on -site vehicular circulation for multiple family resi-
dences. First Reading.
33-
45. Traffic Impact Fee - Temp. Ord. #1186 - Discussion and 5/22/85 pg re -
possible action to create Article vision
p visiIV in Chapter 17 of the APPROVED 5/66 e-
on on 1st
Code to establish an interim means of collecting a traffic read. as amend.
impact fee while anticipating the report of the City-wide 2nd read. on 6/1:
traffic operational study. First -Reading. 5:05 m.
- - - - - - - - - - - - - - - - - - - - - - - -� - - - - - - - - P
The 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 T•Th.ic
the appeal is based. `
CITY
CIOF TAMARAC
Cry`.`..""`'
Carol E. Barbuto
Assistant City Clerk
FUTURE SPECIAL/WORKSHOP MEETINGS
Thursday, 6/6/85, 10:00 AAi-- Special Meeting in Council Chamber
Thursday, 6/13/85, 9:30 AM - Workshop on Fluoridation in Counci
Chambers
Following are the residential and commercial zoning districts in the City:
R-1
- Single Family Residence
B-2
- Planned Community Business
R-lB &
B-3
- General Business
R-IC
- One -Family Dwelling
B-5
- Limited Business District
R-2
Two -Family Dwelling
B-6
- Business District
RD-7
- Two -Family Dwelling
S-1
- Open Space/Recreational
R-3U
- Row House
I-1 -
Institutional
R-3
- Low Density Multiple Dwelling
M-1
- Light Industrial
RM-5
- Residential Multi -Family
M-2 -
Medium Industrial
Dwelling
A-1 -
Limited Agricultural
RM-10
- Planned Apartment
A-5 -
Agricultural/Excavation
R-4A -
Planned Apartment
T-1 -
Trailer Park District
R-5 -
Motel/Hotel
B-1
- Neighborhood Business
Ll
1
1.1
11
46. Burglar_ Alarm - Discussion and possible action to excuse all false
alarms during blackout of May 17, 1985. (Agendized by consent)
2a. Proclamation and Awards for the Parks and Recreation Committee.
(Agendized by consent)
47. Stipulation 17 - (Berndall) Shops of McNab (Centrust Plaza) -
Discussion and approval of concept. (Agendized by consent)
48. Tamarac Utilities West Wells #12 and #13 Advertise for Bids -
Discussion and possible action. (Agendized by consent)
49. TUW Bio£ilter Scrubber Cost - Discussion and possible action.
(Agendized by consent)
PAGE
SEVEN
5/22/85
5/22/$5 pg 1,15,
16. APPROVED Temp.
Reso #3648.
5/22/85 pg 1,2
Proclamation
presented to
Sharon Ellis &
awards presented
5/22/85 pg 1,16
APPROVED Stip.17
which replaces &
supersedes stip.
consid. & approve(
by Council on
4/10/85.
5/22/85 pg2,16.
APPROVED
5/22/85 pg 8,17
ACCEPTED new cost
estimate of $19,W(
with contingency
of $2000 for tota
of $21,000. &
AUTHORIZED staff
to proceed with
project as quickl
as possible.
CITY OF TAMARAC, FLORIDA
REGULAR CITY COUNCIL MEETING
May 22, 1985
1
1
Tape
1
CALL TO ORDER: Mayor Philip B. Kravitz called the
meeting to order on Wednesday, May 22, 1985 at 9:00 A.M.
in the Council Chambers.
ROLL CALL!
PRESENT:
ALSO PRESENT:
Mayor Philip B. Kravitz
Vice Mayor Helen Massaro
Councilman Arthur H. Gottesman
Councilman Raymond J. Munitz
Councilman Sydney M. Stein (9:10 A.M.)
Elly F. Johnson, City Manager
Jon M. Henning, City Attorney
Carol Barbuto, Assistant City Clerk
MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Kravitz called
or a Moment of Silent Meditation followed by the Pledge
of Allegiance.
46. Burglar Alarm - Discussion and possible action to
excuse all false alarms during blackout of May 17, 1985.
SYNOPSIS OF ACTION: Agendized by Consent.
See Page 15)
Vice Mayor Massaro MOVED to Agendize by Consent to excuse
all false alarms during blackout of May 17, 1985. SECONDED
by C/M Gottesman.
VOTE: C/M Stein (Absent from Dias)
C/M Munitz Aye
C/M Gottesman Aye
V/M Massaro Aye
Mayor Kravitz Aye
2a. Proclamation and Awards for the Parks and Recreation
SYNOPSIS OF ACTION: Agendized by Consent.
(See Page
C/M Gottesman MOVED to Agendize by Consent the Proclamation
and Awards for the Parks and Recreation Committee.
SECONDED by V/M Massaro.
VOTE: C/M Stein (Absent from Dias)
C/M Munitz Aye
C/M Gottesman Aye
V/M Massaro Aye
Mayor Kravitz Aye
47. Stipulation 17 - Berndall) Sho s of McNab (Centrust
Plaza) - Discussion and approval of concept.
SYNOPSIS OF ACTION: Agendized by Consent.
See Page 16)
V/M Massaro MOVED to Agendize by Consent Stipulation 17
for approval of concept. SECONDED by C/M Gottesman.
VOTE:_ C/M Stein
C/M Munitz
C/M Gottesman
V/M Massaro
Mayor Kravitz
(Absent from Dias)
Aye
Aye
Aye
Aye
5/22/85
fvg
-1-
48. Tamarac Utilities West Wells #12 and #13 Advertise
or Bids - Discussion and possible action.
SYNOPSIS OF ACTION: Agendized by Consent.
(See Page 16)
V/M Massaro MOVED to Agendize by Consent to advertise for
bids Tamarac Utilities West Wells #12 and #13. SECONDED
by C/M Gottesman.
VOTE: ALL VOTED AYE
Presentations and Awards
1. Em to ee Service Awards - Presentation by City Manager
Johnson o ive-year pins to Scott Silverman, Police
Department, Brett Soloway, John Gerhard and John
Schumacher, Fire Department, and Tony Brantley,
Utilities West.
SYNOPSIS OF ACTION: Pins will be given
y City Manager to respective department
heads.
*City Manager Johnson said the pins will be given to de-
partment heads for transmittal to employees.
2. American Legion Post 265 - Presentation by Mayor
Kravitz of a proc amation designating May 24, 1985
as "Poppy Day"
SYNOPSIS OF ACTION
Proclamation presented.
Mayor Kravitz presented Proclamation to representatives.
2a. Proclamation and Awards for the Parks and Recreation
Committee - Presentation by Mayor Kravitz o a
proc amation designating June, 1985 as Parks and
Recreation Month.
SYNOPSIS OF ACTION: Proclamation presented
to Sharon Ellis and awards presented.
Proclamation presented by Mayor Kravitz to Sharon Ellis
and the Parks & Recreation Department. Awards were pre-
sented to:
Mr. Glenn Meyers of Ambassador Savings & Loan
Corporal David Harris, Tamarac Police Department
Mr. Bob Curcio, President of Tamarac T-Ball Assoc.
Mr. Kevin Duffy, Vice President of Tamarac T-Ball
Assoc.
Mr. Kevin Hemphill, Broward County Housing Authority
Mr. Carl Reichenback, Nu Turf in Margate
Mr. John Dow, former City Manager of Coral Springs -
now responsible for Lake Colony
project.
Len Offenback, President of Tamarac Garden Club presented
an award to Mrs. Ruth Stein of Tamarac Library.
*Editor's Note: See Council minutes of June 22, 1985, item #1.
Ira
5/22/85
/ vg
Boards and Committees
3. Public Information Committee - Certificates of
Appreciation to be presented to Sydney Bass, Louis
Silverman, Dr. Alfred Wald and Cecilia Ehrlich, former
members of this committee.
SYNOPSIS OF ACTION: Certificate presented
to Louis Sir. verman and refused. Others were
not present to receive their certificates.
Mayor Kravitz presented Certificate of Appreciation to
Louis Silverman who refused to accept.
4. Public Information Committee - Discussion and possible
action to approve the solicitation of advertising for
the Tam -A -Gram and Tamarac Yearbook.
SYNOPSIS OF ACTION: Tabled to
future meeting.
Irving Fenichel, Chairman of Public Information Committee,
gave a status report regarding the budget. He said that
at a meeting of the Public Information Committee
held on May 13, 1985, the Committee decided to eliminate
the Tam -A -Gram for June, July, and August to save cost
and stay within their budget. He stated that the City
Manager was advised that the Committee will stay on their
fiscal budget for 1985-86. Mr. Fenichel asked Council for
comments.
V/M Massaro said she feels the PIC program has gotten out
of hand. She said people should be given the facts of
what takes place in the City and whatever information is
important to them as it relates to City. She stated she
personally thinks the City could use some advertising in
the Tamarac Yearbook but not in the monthly publication.
She also said she thinks a complete change has to be made
to reduce the cost.
Jon Henning, City Attorney, said it has always been his
opinion that the PIC is an advisory committee to the Council
and it has been operating with a liaison to Council. He
stated that the liaison and Council, as a whole, has the
responsibility to guide the Committee.
C/M Gottesman said he feels the Tam -A -Gram gets to the
people too late as it is sent after the Council meetings
each month. He suggested a review of what is going to come
up so that more people would know what their Council is
about to do and have representation in the chambers and
have information given to the Council by the people before
Tape the Council meetings.
2
V/M Massaro said there are representatives of PIC here this morning
and they intend to have someone at each and every meeting
so that they will get the exact information, what is being
said, and by whom. She said the Committee is going to
organize so that some member of the Committee will attend
each meeting.
C/M Gottesman said he still feels advance information should
go into the Tam -A -Gram.
V/M Massaro said opinions can easily be brought into advanced
information and that is not the purpose of this paper.
-3-
5/22/85
/vg
'V
Mr. Carl Alper, resident of Tamarac, stated that the PIC is
an agency of the City of Tamarac and all businessmen in the
City are under the supervision of the City and there is a
degree of regulation by the City. He said he feels that
when a businessman is asked for an ad, there is a sense of
pressure which he believes to be improper.
V/M Massaro asked Council to think about the yearbook and
the maps, which run into a considerable amount of -money.
and MOVED to TABLE this to a future meeting. SECONDED by
C/M Gottesman.
VOTE: ALL VOTED AYE
5. Welcomin& Committee - Temp. Reso. #3633 - Discussion
and possible action to appoint one adUltional member.
SYNOPSIS OF ACTION: Appointed Resolution No. R-85-166 Passed
Harold Kamer ing.
Mr. Henning read Temp.Reso. #3633 by title.
Mayor Kravitz asked Council to appoint Harold Kamerling.
C/M Stein MOVED to APPOINT Harold Kamerling. SECONDED by
C/M Munitz.
VOTE: ALL VOTED AYE
6. Recreation Board - Temp. Reso. #3634 - Discussion and
possible action to appoint additional members.
SYNOPSIS OF ACTION: No additional
members were appointed.
Mr. Henning read Temp. Reso. #3634 by title.
C/M Munitz nominated Irving Kinticr_ to the Recreation Board.
VOTE: C/M Stein
Aye
C/M Munitz
Aye
C/M Gottesman
Nay
V/M Massaro
Nay
Mayor Kravitz Nay
7. Investment Advisory Committee - Temp. Reso. #3626 -
Discussion and possible action to appoint at least
three but not more than five members.
SYNOPSIS OF ACTION: Approved appointing Resolution No. R-85-168 Passe
five members to expire 11/11/85.
Mr. Henning read Temp. Reso. #3626 by title.
V/M Massaro requested to shorten the time of expiration to
six months in order to see how this Committee is working.
Mr. Henning stated that according to Ordinance 84-66,
Section 2-60, Paragraph D in the City Code, committee
members are appointed for a term not to exceed one year.
He said the Council can determine a term less than one
year.
V/M Massaro recommended expiration November 11, 1985.
C/M Gottesman said he would like to TABLE this in order
to speak to the applicants unless there is an urgent need
to have an Investment Committee at this point.
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1
Mayor Kravitz stated that he feels there is an urgency
because of the situation that took place with ESM that the
City does not get involved with any future securities and
this Committee can be an asset to the City.
V/M Massaro MOVED to AMEND Temp. Reso. #3626 to a period
of six months. SECONDED by C/M Stein.
C/M Gottesman nominated five applicants, namely, Henry
Shulman, Edwin Solomon, Willard Zweig, Dr. Alfred Wald,
and Morris P. Sarner.
VOTE: C/M Munitz voted for Mr. Shulman and Mr. Sarner.
C/M Stein voted for Mr. Shulman and Mr. Sarner.
C/M Gottesman voted for Mr. Shulman, Mr. Solomon,
Mr. Zweig, Dr. Wald, and Mr. Sarner.
V/M Massaro voted for Mr. Solomon, Mr. Zweig,
Dr. Wald and Mr. Sarner.
Mayor Kravitz voted for Mr. Shulman, Mr. Solomon,
Mr. Zweiz, Dr. Wald and Mr. Sarner.
All five applicants received three or more votes.
V/M Massaro MOVED to ADOPT Temp. Reso. #3626 as amended to
expire on November 11, 1985 and to add the names of the
five applicants. SECONDED by C/M Stein.
VOTE:
go
SYNOPSIS OF ACTION
and Finalreading—
five vacancies.
ALL VOTED AYE
Insurance Advisory Committee - Discussion and possible
action on:
a) Creating Section 2-43 of the Code to establish
this committee by Temp. Ord. #1194. Second Reading.
(Public Hearing he
b) Announcement of five vacancies on this committee.
a) Approved on second Ordinance No. 0-85-26
b) Announcement made of
Mr. Henning read Temp. Ord. #1194 by title and explained the
change on the May 14, 1985 rev Sion beginning with the last
sentance on page one which states that, "No public members
shall be actively engaged as an employee, officer, board
member, consultant, or representative of any organization"
and added, "doing business with the City of Tamarac in the
field of insurance" instead of "licensed to provide insurance
in the State of Florida."
a) V/M Massaro MOVED to ADOPT Temp. Ord. #1194 as revised on
May 14, 1985 on second and final reading. SECONDED by
C/M Gottesman.
VOTE: ALL VOTED AYE
b) Mayor Kravitz announced the vacancies of five members to
serve on this committee.
General Administrative/Financial
10.Bid Award - Parks and Recreation Department - Temp. Reso.
- Discussion and possible action to award a bid
oT r a grass vacuum.
SYNOPSIS OF ACTION: Approved awarding bid to DeBra Turf
and Industrial Equipment Co. in the amount of $2,525.00.
Resolution No. R-85-169 Passed
Mr. Henning read Temp. Reso. #3635 by title.
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Mr. Henning stated that if a bid is_accepted, staff assumes
this is also authorization to pay. He said a bid usually
goes to Council two times, once for authorization to go to
bid and second, acceptance of the bid. He said the question
is whether to go to Council a third time for payment of the
bid.
Mayor Kravitz and V/M Massaro agree that it should go to
Council a third time.
Tape
3 C/M Stein MOVED to ADOPT Temp. Reso. #3635. SECONDED by
V/M Massaro.
VOTE: ALL VOTED AYE
11. Tamarac Park Satellite Building - Discussion and possible
action on:
a) Approval of payment No. 3 to George Feld and Associ-
ates, Inc., in the amount of $17,963.10.
b) Approval of payment to Tabares Truss Corporation
and George Feld and Associates, Inc., in the amount
of $6,400.00.
c) Status report.
SYNOPSIS OF ACTION: a) Approved,
Approve c) Status report given.
c) Bob Kegan, Chief Building Inspector,said that the block
work is about 98 percent complete and that a change order
is anticipated to eliminate a few windows and a credit is
expected from Mr. Feld.
V/M Massaro asked if the proper lien release has been
received.
Mr. Henning said that the b) item is a joint check and
the release of liens will be received before any final
payments are made.
Mr. Johnson, City Manager said that there have been no
liens recorded and that these are progress payments.
Mr. Kegan assured Council that before checks are released,
all releases are obtained.
Mr. Henning asked Mr. Kegan to send copies of these re-
leases to the City Manager for routing.
a) C/M Stein MOVED to APPROVE payment No. 3 to George Feld and
Associates, Inc., in the amount of $17,963.10. SECONDED by
V/M Massaro.
VOTE: ALL VOTED AYE
Li
b) C/M Stein MOVED to APPROVE payment to Tabares Truss Corporatior
and George Feld and Associates, Inc. in the amount of $6,400.0,_
SECONDED by V/M Massaro.
VOTE: ALL VOTED AYE
INS
r.
5/22/85
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12. Tract 27 Soccer Field - Discussion and possible action
on a request by t e lorida Sun Professional Soccer
Team to use the City soccer field on Tract 27.
SYNOPSIS OF ACTION: APPROVED with
conditions.
City Manager, Elly Johnson, said the Florida Sun
Professional Soccer Team has requested to use the
City's soccer field. He said they will donate $500.00
to the City and will also work with the City's youth
soccer program and have a clinic for them. He also
stated that they will provide an insurance certificate
to the City which will be worked out with the City
Attorney.
V/M Massaro said there will be a maximum of 18 people
using the field at any one time until August 17, 1985.
C/M Gottesman asked about the cost of repairs and up-
keep to the field.
Jeff Sarkin, General Manager of the South Florida Sun
Soccer Team, stated that a professional team using the
field for practice 4 - k hours (maximum) per week will
not cause damage to the field.
Jon Henning, City Attorney, stated he felt this is a
good opportunity for the City but he would like to put
a short agreement together to protect both parites.
V/M Massaro MOVED to authorize the South Florida Sun
Professional Soccer Team to use the field, pay $500.00,
provide an insurance certificate as requested by the
City Attorney and sign a document created by the City
Attorney and the South Florida Sun Professional Soccer
Team and they should not be prohibited from the routine
practice they are presently engaged in and move forward
immediately in signing the agreement. SECONDED by
C/M Gottesman.
Mr. Sarkin stated that they will be holding free soccer
clinics for the children in Tamarac and a camp in Tamarac for which
they will be donating funds back to the City and this should be a
totally positive experience.
VOTE: ALL VOTED AYE
20. Management Efficienc Stud - Cody & Associates, Inc. -
Discussion and possible action on:
a) Presentation by N.E. Pellegrino.
b) Payment of the second and third (final) invoices
totalling $7,000.00.
SYNOPSIS OF ACTION:a)Nick Pellegrino gave report,
b See page b
Nick Pellegrino, of Cody & Associates, reviewed all the
Tape recommendations in the Study dated April, 1985.
4
Mayor Kravitz said he disagreed on three points.
1) Transferring mowing from Parks and Recreation to
Public Works.
2) Moving Code Enforcement from Police Department to
Building Department.
Mr. Pellegrino stated that all other inspections
and code enforcement activities are in the Building
Department.
Elly Johnson stated it is the recommendation of
the Chief of Police.
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Mayor Kravitz said his third objection was:
If the position of Assistant Finance Director is
eliminated, what is recommended if the Finance
Director_ is unavailable.
Mr•.Pellegrino said the Finance Director could designate
the Accounting Supervisor.
Mayor Kravitz asked that if the majority of recommendations
go through, how will it affect the cost to the City.
Mr.Pellegrino said the cost will not go up and it may be
reduced but not significantly.
C/M Munitz asked if the present hardware is sufficient to
handle the recommended increase in computer use.
Mr.Pellegrino said the computer system might have to be
upgraded to handle all recommendations.
Joseph Cammerota, Commissioner of PAL Basketball League,
Mollie Goldstein, member of the Parks and Recreation De-
partment, and Ed Herbott, resident, all agreed that the
Parks and Recreation Department should continue with the
job it is presently doing.
Florence Bochenek, Chairperson of Beautification Committee,
agreed that Code Enforcement should be in the Building De-
partment as recommended.
Melanie Reynolds, resident, asked how the Charter Board is
depicted on the organizational chart. She said it looks
like it comes out of City Council which is incorrect.
Mayor Kravitz said he would look into it.
Maxwell Ingram, resident, said a computerized inventory
control is very important and disagreed with placing Payroll
under Personnel.
Mayor Kravitz recessed the meeting to 1:30 P.M. for lunch.
Tape Mayor Kravitz called the meeting to order at 1:30 P.M.
5 and all were present.
20. Management Efficient Stud - Cody & Associates Inc. -
Discussion and possible action on:
a) Presentation by N.E. Pellegrino.
b) Payment of the second and third (final) invoices
totalling $7,000.00.
SYNOPSIS OF ACTION: a) See page 7.
b5 Approve
V/M Massaro MOVED APPROVAL of payment of the balance in the
amount of $7,000.00. SECONDED by C/M Stein.
VOTE: ALL VOTED AYE I!
49. TUW Biofilter Scrubber Cost - Discussion and possible
action.
SYNOPSIS OF ACTION: Agendized by Consent.
See Page 1
V/M Massaro MOVED to Agendize by Consent TUW Biofilter
Scrubber Cost - Discussion and possible action. SECONDED
by C/M Gottesman.
VOTE: ALL VOTED AYE
ff-119
5/22/85
/ vg to
16. FP&L Phoenix Substation - Discussion and possible
action on a request by FP&L for waiver by the City
of the water meter deposit at this substation.
SYNOPSIS OF ACTION: FP&L must pay deposit
of ti9460.00 plus 5525.00 installation. An
amendment to City's rate resolution will
be prepared by the City Attorney to provide a
waiver clause for the deposit,.
The City Attorney, Jon Henning,stated that FP&L must pay
the deposit of $460.00 plus $525.00 for the water meter.
He said there must be an amendment to the City's rate
resolution to provide a waiver clause in order for the
$460.00 to be refunded to FP&L in the future.
V/M Massaro MOVED FP&L be required to pay $460.00 plus
$525.00 at this time and the City's rate resolution be
amended in whatever way necessary so that the $460.00
could be refunded and the $525.00 installation fee is a
cost to the City. SECONDED by C/M Gottesman.
VOTE: ALL VOTED AYE
19. Municipal Complex - Discussion and possible action on:
a Status report on plans.
b) Payment of Miller & Meier Invoice No.F1301 in the
amount of $21,427.66 (tabled from 5/8/85).
SYNOPSIS OF ACTION: Tabled
C/M Gottesman said he found that the contract, as written,
dated September 28, 1983 did not follow what was approved
by the Council. He gave the example that according to the
minutes, the Council approved $8400.00 for a Police facility,
$12,600.00 for City Hall, and a Community Center for $2940.00
for a total of $23,940.00. He said that on the face page of
the contract, there are renovations and additions to City
Hall which seem to have happened in about five to seven days
because from September 28, 1983 to October 11, 1983, the
date it was signed, there are only about seven or eight
working days. He said there is also a question on page 11
of the contract, last paragraph, which states that the
architect shall provide a rendering at the end of the
schematic stage depicting the project, if the project is as
defined on the first page, including the renovations and
additions to the existing City Hall. He said it also states
that if a model is required it shall be constructed as an
additional service, the fee for which being agreed upon in
advance. He said that he has the two models but nowhere can
he find any approvals to go ahead or how much or how this
was arranged.
C/M Gottesman stated that he discussed the cost of the site
plan with staff and that it is their feeling that the
$10,000.00 cap that was approved by previous and some members
of present Council is much too high in view of the fact that
the site plan itself was a great deviation from what was
presented in their programming. He said the final draft of
this programming is dated November 28th and yet, at a meeting
with the architects, they were using copy of December 5th
and he finds no paperwork advising of a revision and does
not know what the revisions are. He added that in their
programming they depicted three sites, page 31, as possible
site plans and site concept fl was used in the referendum
bulletin that was sent out prior to last year's election
and this is what was expected. He said when the site plan
was finally shown, it did not seem to be what was requested.
5/22/85
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W1,31
C/M Gottesman said the architects did speak to the City Engineer
about space, etc. and he had seen plans of each individual
building but not together. He said the only time the site plan
was seen by staff, the Planning Commission or Beautification
Committee was when it was unveiled for approval. He said there
was a complete change in the type of site plan that perhaps
should have been received. He said that he felt that when some
revisions were asked for, the City was advised that it would
cost $6,000.00, of which the City has been billed $4,000.00.
He said that $10,000.00 was requested for revision of the
working drawings to reflect a new alternate site plan, land-
scaping and lighting plans. He added that until now, he has
not seen any landscaping plans and the Beautification Committee
and some staff members would like to see landscaping plans, which
require $6,000.00 to do. He said the lighting placement has not
been shown and is totally at a loss as to why so much money is
needed to do a job that perhaps was changed without Council and
staff being advised. He stated that the site plan, as shown,
is not a dignified nor a prominent display of City Hall Complex
and that any payment of this work be looked into further.
C/M Gottesman continued by stating that three sets of working
drawings were received and should be checked for corrections and
errors, which could require about two weeks. He said he has tried
to get a cost of this program and at present, $323,370.23 has
been or is about to be spent without this additional $21,500.00.
He said this information was received from Dan Saale, Finance De-
partment on May lst and was confirmed on May 21st through a memo.
C/M Gottesman added that in the minutes of June 27, 1984, the
Synopsis of Action reflected,"Approved schematic design." He
read from the minutes regarding this item. He said that he
believes the City has paid for half of the designed development
before the schematic was approved. He stated that Mr. Henning
prepared a sheet based upon September 28, 1983, which is the
date approval was given to go ahead with the three phases and
the original guesstimate was three million dollars for City Hall and
two million dollars for Police facility. He said in their pro-
gramming report dated November 28, 1983, the estimate went to
6.25 million dollars and on June 21, 1984 it went up to 6.81
million dollars. He said this does not include their fees which
will be approximately $500,000.00 to $600,000.00 and the City
is way over the seven million dollar mark without attorney fees,
telephone system, etc. He added that he is concerned that the
eight million dollars may not be sufficient and suggested that,
as a minimum, the following items be submitted to the Council for
further review:
1) A financier spread sheet prepared by the architect and
the Tamarac Finance Dept. indicating at a minimum:
Percentage required at each level of design, the cost
estimate required at each level of design, authorization
date by Council at each level of design, payment re-
ceived for each level of design, and a rough idea of
future costs for the remaining phases.
2) Certification by our Building Department that the drawings
comply with Code.
3) Certification by our Engineering Department that the
drawings comply with City Code.
4) Approval by each department head in writing that their
area is acceptable to their organization needs.
5) A decision reached by Council as to who should design
the off -site work (acceleration and deceleration drive, et.)
5"
5/22/85
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6) Council, with the help of Planning Commission, Beauti-
fication Committee, Engineering Department, Dick Rubin, to
review site design and configuration to make the best use
of the site.
7) Various designs that were prepared and not used, along
with a design which would remove the parking from in front
of the building.
V/M Massaro asked where the dollar amount spent to date
came from.
C/M Gottesman said it came from a General Reserve Fund.
He said he was told originally that $100,000.00 was allocated
at the beginning and the first invoice came in at $99,456.00,
Mr. Henning said he was unable to say where the money came
from.
V/M Massaro requested this be researched further.
C/M Stein MOVED to TABLE both a) and b) of this item.
SECONDED by V/M Massaro.
VOTE:
ALL VOTED AYE
PUBLIC HEARINGS
27. Water and Sewer Charges - Tem.Ord. #1195 - Discussion
an3 possible action to amen ection of the Code
to delete all references to deferred payments and
financing of contribution charges and to amend Section
27-52 of the Code to delete some references to deferred.
payments for guaranteed revenues. Second Reading.
SYNOPSIS OF ACTION: Public Hearing
was held. Temp. Ord. #1195 was TABLED.
Mr. Henning read Temp. Ord. #1195 by title.
Jon Henning, City Attorney gave a presentation stating the
purpose of this amendment is to bring the Code up to date.
He said that several years ago, commercial developments
always paid their connection charges at the time of site
plan approval and there was the phasing arrangements for
residential developments for typically over 100 units.
He said there was also a very complicated schedule of
building permits and final inspections and then the second
phase comes in line a year later and there is interest
paid at the rate of 14 percent, when that was typical of
the rate. He said a couple of years ago, the City asked
for a revision of the Water and Sewer Agreement and one
of the changes was the financing arrangement being deleted,
which is much more workable for the Finance Department.
He stated there were some areas lacking in the Code to
incorporate the actual terms of the contract. He said
that nothing in this Ordinance is new or different from
the present: Water and Sewer Agreement that has been in
use but this treats all developments like
commercial developments, which is payment up front
of the water and sewer charges. He said this does not affect
existing Water and Sewer Agreements.
V/M Massaro asked if someone is in arrears of the charges
due, do they have to live by this contract or
any new rates that are established.
5/22/85
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Mr. Henning said that when someone contracts with the City
for a connection for a E.R.C., the prevailing rate must be
paid.
V/M Massaro asked what is being done with guaranteed revenues
that are in arrears and sold to someone.
Mr. Henning said that if someone is in arrears, the City can
default the agreement by sending them a written notice after
15 days and payment must be received within 7 days.
V/M Massaro asked if guaranteed revenues stop at that
point.
Mr. Henning said that anything that is not metered is lost and
the site plan is voidable, final inspections can be be denied,
certificates of occupancy can be denied, an interest penalty
can be established pursuant to Florida law, which is done by
resolution, property can be liened.
V/M Massaro asked if all rights concerning guaranteed revenues
are lost.
Mr. Henning said he would think that the interest penalty
would continue every month on the overdue amount but the
Tape guaranteed revenues would not continue month after month.
6 He said that the contract states the site plan is voidable
by resolution of City Council.
Mayor Kravitz opened and closed the public hearing with no
response.
C/M Stein MOVED to TABLE Temp. Ord. #1195. SECONDED by
V/M Massaro.
VOTE: ALL VOTED AYE
28. Utilities West - Grant Fevenues - Tem Ord. #1196 -
Discussion and possible action to ame Chapter 27
of the Code pertaining to State of Florida Grant
Revenue Generation System Requirements. Second Reading.
SYNOPSIS OF ACTION: Public Hearing Ordinance No. 0-85-27 Passed
was Feld. Temp. Ord. #1196 was APPROVED
as amended on 5/21/85.
Mr. Henning read Temp. Ord. #1196 by title.
Mr. Henning said that in the past there were sinking funds
where in order to accept the grants, the City had to put
aside certain dollars every year. He said that the revision
has two or three changes, one of which is a change of the
word sewage to sewerage system, defining that as any municipal
sanitary sewage facility. He said this establishes this
fund and two things will happen after this is passed - a
rate review and a rate resolution amendment and more details
on the operations of these sinking funds can be established
by resolution. He said basically, three funds are being
set up with yearly contributions which may be taken out
if it is for the proper purpose.
Mayor Kravitz opened and closed the public hearing with no
response.
V/M Massaro MOVED to ADOPT Temp. Ord.#1196 as amended on
5/21/85. SECONDED by C/M Stein.
VOTE: ALL VOTED AYE
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29. Utilities West - Temp.Reso._#3.639 - Discussion and
possible action alter receiving comments on the sludge
handling alternatives including sludge composting
and trucking of dewatered sludge to orange groves in
Palm Beach County.
SYNOPSIS OF ACTION: Public Hearing Resolution No. R-85-172 Passed
17 was held Temp. Reso. #3639 was APPROVED.
Mr. Henning read Temp. Reso._ #3639 by title.
Mayor Kravitz opened the public hearing.
Joe Padwa, resident, asked if the plant will be made bigger
and will it affect the area around Concord Village.
Mr. Henning said there is a sludge farm in Land Section 7.
The sludge in a tank truck is driven to the sludge farm and
spread, he said. He stated that since the sludge farm cannot
be used indefinitely, the City has an alternative of driving
the same trucks to Palm Beach and putting the sludge on an
orange grove.
Elly Johnson, City Manager, said the process will still be
done in Land Section 7 and Council voted not to truck it.
All work will be done in Land Section 7, he said.
Mr. Padwa asked about selling the sludge.
Mr. Henning said the sludge itself is not saleable but the
compost is a product the City can use. He said there are
different regulations for using sludge and selling it.
Mr. Padwa asked if it could be given away.
Mr. Johnson said that is a point the City will not know until
it completes the operation of what the regulations are at
that time.
Mayor Kravitz said the City will look into it.
Harold H. Newman, resident, said he read the Palm Beach groves
are not going to accept as much of the sludge as they had in
the past and asked if this would affect the City.
V/M Massaro stated it would not be going to Palm Beach.
C/M Stein MOVED to ADOPT Temp. Reso. #3639. SECONDED by
C/M Munitz.
VOTE: ALL VOTED AYE
30, Pulte Home Corporation - Rezoning Petition #10-Z-85 -
Discussion and possible action to rezone the previous
Recreation Parcel #2 of Cypress III from S-1 (Open
Space/Recreation) to R-4A (Planned Apartments). First
Reading. (Due to a new site plan for Jasmine Project,
this recreation parcel is planned to be relocated).
a) Acceptance of Affidavit of Publication, Affidavit
of Mailing and Affidavit of Posting.
b) Consideration of application.
SYNOPSIS OF ACTION:a)Affidavits ACCEPTED, Ordinance No. 0-85-30 Passed
b) emp. Ord. #1199 TPPROVED on first reading
only. Public Hearing was held.
Mr. Henning read Temp. Ord. #1199 by title.
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/vg
a) C/M Stein MOVED to ACCEPT Affidavits of Publication,
Mailing and Posting. SECONDED by C/M Munitz.
VOTE:
ALL VOTED AYE
Mayor Kravitz opened the public hearing.
Mr. Ed Plotski of Craven & Thompson Engineering, respresenting
Pulte Homes, responded, upon being questioned by V/M Massaro,
that there was no objection to holding any advertising until
a site plan is presented.
Mayor Kravitz closed the public hearing.
VOTE: ALL VOTED AYE
b) V/M Massaro MOVED APPROVAL on first reading of%riezoning
petition #10-Z-85 - Temp. Ord. #1199 subject to withholding
any advertising for the second reading until such time as
the applicant comes in with a site plan. SECONDED by
C/M Munitz.
VOTE: ALL VOTED AYE
31. Pulte Home Corporation - Rezoning Petition #11-Z-85 -
Temp. Or --Discussion and possible action to
rezone lands on the north side of NW 70 Street, approx-
imately 280 feet east of NW 88 Avenue, from R-4A
(Planned Apartments) to S-1 (Open Space/Recreation).
First Reading. (This is the Recreation Parcel for the
proposed Jasmine Project, which is the southern portion
of Cypress III.)
a) Acceptance of Affidavit of Publication, Affidavit
of Mailing and Affidavit of Posting.
b) Consideration of application.
SYNOPSIS OF ACTION:a)Affidavits ACCEPTED, Ordinance No. 0-85-31
b) Temp. Or APPROVED on first reading Passed
only. Public Hearing was held.
Mr. Henning read Temp. Ord. #1200 by title.
a) C/M Munitz MOVED to ACCEPT Affidavits of Publication,
Mailing and Posting. SECONDED by C/M Gottesman.
VOTE: ALL VOTED AYE
Mayor Kravitz opened and closed the public hearing with no
response.
b) V/M Massaro MOVED the ADOPTION of petition # ll-Z-85 -
Temp. Ord. #1200 on first reading and request no advertising
for second reading be placed until such time as a site plan
is brought in for approval. SECONDED by C/M Stein.
John Henning, City Attorney, said, for the record, that re-
zoning the recreation parcels is done so that they cannot be
used for dwelling units or other uses and the first ordinance
that was just passed cancelled out the old recreation parcel
that was in the former developer's location and this is to
dedicate the new recreation parcel to be for recreation
purposes.
VOTE: ALL VOTED AYE
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33. Belfort - Revised Site Plan - Temp. Reso. #3643 -
Tape Discussion and possiTle action on a reviser
6 site plan reflecting revision to phase lines,
building type to two -bedroom deluxe for eleven
(11) buildings, shifting of buildings, addition
of steps at recreation area and relocation
of waterfall pump.
SYNOPSIS OF ACTION: APPROVED
Temp. Reso. #SZZT^
Mr. Henning read Temp. Reso. 3643 by title.
Marty Reifs, representative for Lennar Homes,
presented Council with the revised site plan
for Council's approval. Mr. Reifs cited a
need for two -bedroom deluxe apartments as the
reason for site revision. Changes to eleven
(11) buildings included shifting of buildings,
addition of steps at recreation area and re-
location of waterfall pump. Mr. Reifs informed
Council that two additional ground signs at
the entry were installed to provide direction
for people who aren't familiar with the develop-
ment. V/M Massaro mentioned that the signs displayed
by Lennar Homes were only to insure that the
company will not have to come back with a revised
site plan at a later date stipulating that it
does not indicate approval for the sign going
there.
V/M Massaro MOVED for adoption of Temp. Reso. #3643.
SECONDED by C/M Gottesman.
VOTE: ALL VOTED AYE
34. Marshall's Plaza - Revised Site Plan - Temp.
Reso. #3644 - Discussion and possi a action on
a revised site plan reflecting deletion of
Fotomat kiosk building and the addition of six
(6) parking spaces.
SYNOPSIS OF ACTION: APPROVED
e'f_m`p: Aso. T647'^
Mr.Henning read Tema Reso. #3644 by title.
V/M Massaro MOVED for the adoption of Temp. Reso. #3644.
SECONDED by C/M Munitz. .
VOTE: ALL VOTED AYE
46. Burglar Alarm - Discussion and possible action
to excuse all false alarms during blackout
of May 17, 1985.
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5/22/85
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SYNOPSIS OF ACTION: Agendized by Consent.
ee Page 1 UP —PROVED Tem Reso. #3648
excusing all charges�r a false larms for
the 24-hour period from 11 AM on 5/17/85
to 11 AM on 5/18 due to electricity blackout..
Mr. Henning read Tem . Reso. #3648 by title.
V/M Massaro MOVED for adoption of Temp. Resc
#3648 to waive all false alarms charges
incurred on 5/17/85 AMENDED to cover a 24-
hour period from 11 AM on 5/17/85 to 11 AM
on 5/18/85. SECONDED by C/M Gottesman.
VOTE: ALL VOTED AYE.
47.
Stipulation 17 - (Berndall) Shops of McNab
entrust Plaza) -iiscussion an3 approves or
concept.
SYNOPSIS OF ACTION: APPROVED
Stipulation l w ich replaces
and supersedes the stipulation
considered and approved by Council
on 4/10/85. Agendized by consent.
Mr. Henning noted Council approval of the site
and rezoning plans (Shops of McNab (Centrust
Plaza) subject to execution and acceptance of
Stipulation 17. City Attorney Henning informed
that the developer has agreed to bring the user's
standards in Zone B-1 up to City code. He ex-
plained that there are two aspects of zoning laws:
(a) the user aspect; (b) and standards, specifi-
cations or setbacks. Mr. Henning said that slight
concessions were made in exchange for this to
include:
(a) angle parking was used for the required
parking spaces;
(b) instead of 20 foot setback they will
provide an 8 foot setback with a 3 foot
retaining wall that will be bermed on
the outside.
V/M Massaro MOVED to approve in substance and
form Stipulation 17 which replaces the previous
Stipulation 17 adopted 4/10/85. SECONDED by
C/M Gottesman.
VOTE: ALL VOTED AYE.
48. TUW Wells 12 and 13 (Eripineerinp, Project
iscussion an possi-5le action to allow
to solicit bids for construction of wells
SYNOPSIS OF ACTION: Agendized by Consent
ee age 2 O—
V/M Massaro MOVED to
to solicit bids for
and 13. SECONDED by
VOTE: ALL VOTED AYE
-16-
authorize the City
the construction of
C/M Gottesman
84-14)
ity Manager
12 and 13.
Manager
wells 12
5/22/85
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1
1
1
49. TUW Biofilter Scrubber Cost - Discussion and
possible action regarding -Cost of TUW Biofilter
Scrubber.
SYNOPSIS OF ACTION: Agendized by Consent (Page 8)
AZTE-METt ie neH, cost estimate of $19,000
with a contingency of $2,000 for a total
of $21,000 and AUTHORIZED staff to proceed
with this project as quickly as possible.
V/M Massaro reported that the initial cost for
installation of the biofilter scrubber was $8,000
but the actual cost will be $21,000 ,.including a
$2,000 contingency; she advised Council that this
cost is for materials only and the actual work will
be performed by the TUW employees.
V/M Massaro MOVED to accept new estimated costs and to
authorize staff to proceed as quickly as possible.
SECONDED by C/M Gottesman.
VOTE: ALL VOTED AYE
9. Consent Agenda -
a) Minutes of 4/10/85 - Regular Meeting - Approval
recommended by City Clerk.
b) Minutes of 4/22/85 - Special Meeting - Approval
recommended by City Clerk.
c) Alan F. Ruf - Consulting City Attorney - 5/15/85 -
$1,757.00 - Approval recommended by City Attorney.
d) Mitchell Ceasar, P.A. - Consulting Services for
University Drive Widening Project - May 3, 1985 -
$1,000.00 - Approval recommended by City Manager.
e) Touche Ross & Co.- Services in connection with
proposed Bond Offering - 4/30/85 - $3,500.00 -
Approval recommended by Finance Department.
f) Moody & Jones - Counsel for Charter Board - Services
for March, 1985 - $435.00 - Approval recommended by
Charter Board Chairman.
g) James M. Montgomery, Consulting Engineers, Inc. -
Approval to pay the following invoices:
1) Invoice 51261 - $172.50 -- TUW Sewage Treatment
Plant
2) Invoice 53637 - $3,196.00 - TUW Rate Study
h) CH2M Hill - Services for period ending 3/24/85 -
Invoice 04-0459 - $10,971.81 - Sludge Dewatering
and Composting - Approval recommended by City
Engineer/Utilities Director.
i) Utilities West
1) Approval to purchase a 19,85 Ford Station
Wagon from Reid Ford in the amount of
$8,563.50, under State Contract, to replace
Vehicle #402 which has been taken out of
service.
2) Office Building Communications System - Approval
of Change Order #2 increasing the contract by
$342.07 from a total of $8,736.35 to a total
of $9,078.42.
j) Tamarac Presidents Council request for referendum
regarding Sabal Palm Golf area -- Approval to remove
this item from the agenda.
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SYNOPSIS OF ACTION: CONSENT AGENDA
APPROVED teems a thru c and e t ru j)
Item d), Mitch Ceasar's May 3, 1985 bill
in the amount of $1,000, was removed and
then TABLED for receipt of his monthly
report.
C/M Stein MOVED to accept Items a) thru c) and
Items e) thru j). SECONDED BY V/M Massaro.
VOTE: ALL VOTED AYE
V/M Massaro asked that Item d) be removed for dis-
d) cussion. She explained to Council that it was her
understanding that they were to receive monthly
reports from Mr. Ceasar prior to payment and sug-
gested that under the circumstances payment not
be made until Council receives his report.
C/M Munitz asked City Attorney Henning what the
actual requirements of Mitch Ceasar's contract
with the City are as far as payment and receipt
of his report. Mr. Henning stated that payment
is made on a monthly basis in the amount of $1,000
until the last $5,000. C/M Munitz questioned whether
Council had received a final contract and was informed
by City Manager Johnson that distribution was made at
a prior meeting.
V/M Massaro MOVED to TABLE Item d until receipt of
Mitch Ceasar's monthly report. SECONDED by C/M Stein.
VOTE: ALL VOTED AYE
35. Oasis Lounge at 3 Lakes Plaza - Discussion and
possiBle action on a request to provide for the
extension of the hours of operation beyond
2:00 A.M. (tabled from 5/8/85).
SYNOPSIS OF ACTION: The City
Attorney was irected to prepare the proper
legislation for opening at 7 a.m., Monday
through Sunday, if permitted by law, and to
provide, by special permit, opening until
4 a.m. for St. Patrick's Day and New Year's
Eve.
Barry Eden, attorney for Barry Tooke/owner of the
Oasis Package and Lounge, reported to Council his
client's visit with V/M Massaro reviewing present
as well as surrounding cities' ordinances concerning
hours of operation. Mr. Eden noted that the Oasis
Package and Lounge was the only lounge within the
boundaries of Tamarac and made the following requests
for hours of operation:
Monday - Thursday: 7 a.m. to 2 a.m.
Friday and Saturday: 7 a.m. to 3 a.m.
Sunday: Noon to 2 a.m.
New Year's Eve & St.
Patrick's Day: 7 a.m. to 4 a.m.
He cited his client's good reputation and urged
that his requests be granted.
Tape V/M Massaro acknowledged that Mr. Tooke is the kind
7 of businessman the city appreciates, however, she
recommended that Council stay with the 2 a.m. closing.
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V/M Massaro supported the proposed 7 a.m. opening
and for extension closing hours on New Year's
Eve and St. Patrick's
C/M Stein Vhourd on NeweYear' stEvehandxSt- Patrick's
of closing opening.
Day but did oppose allowance of a 7 a•m• op g.
V/M Massaro asked Mr. Henning if it were possible
to give them an extension On short-term basnothing
C/A Henning advised them at present
permitted but that the reason fothe iscusiionces.
was to direct him to prepare appropriate ed Council could (a) Provide a
Mr. Henning suggest
n individual basis Or y ho
b) change
special permit on aurs. V/M
the New Year's Eve or St. Patrick'secial permit to
Massaro asked that it be done by sp
prevent undesirable businesses from seeking extended
hours.
t it should be by special permit
Mr. Eden agreed tha
on an individual basis.
V/M Massaro MOVEDto authorizingtae7Ca�m.Atoo2naymto pre-
°pDEDng�
P
pare legislation if permitted by law. SECON
Monday through Sunday,
by C/M Gottesman.
VOTE: C/M STEIN: NAY
C/M MUNITZ: AYE
C/M GOTTESMAN: AYE
V/M MASSARO: AYE
MAYOR KRAVITZ: AYE
V/M Massaro noted theneedf�rranyloccasionthere
such be
a special permit privilege
Henning informed that
as New Year's Eve, etc• as to how many
write
hat and
special p
he could permits per inquired
per year are allowable.
C/M Stein MOVED authorization, by special permit,
opening until 4 a'St.
by G/MrGottesman,and
New Year's Eve. SECONDED
Mr. Henning added that he would include a permit fee
to go along with that.
VOTE: ALL VOTED AYE
Mr. Tooke acknowledged appreciation of the extensions
and asked that in the future Council give him further
consideration. Mr.
ffectigeinformed
theymvehbeenat hpassed
extensions are not e
which will take about six (6) weeks.
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13. Wellfield Protection Program - Discussion and
possible action to authorize James M. Montgomery
Consulting Engineers, Inc. to prepare the permit
application and design to conform with this pro-
gram for the fuel storage tanks for Fire Stations
1 and 2 and Utilities West.
SYNOPSIS OF ACTION: APPROVED
on a cost plus basis at an
upset price not to exceed
$5,000.00.
V/M Massaro questioned why no bid was submitted by
Williams, Hatfield & Stoner. C/M Gottesman stated
that it was his impression that the consulting firm
of Williams, Hatfield & Stoner could not bid due to
a resolution passed by the Council at a previous
meeting barring them from submitting a bid citing
dissatisfaction with their past job performance.
V/M Massaro MOVED to authorize James M. Montgomery,
Consulting Engineers, Inc. to prepare permit applicat-
ion and design to conform with this program for the
fuel storage tanks for Fire Stations 1 and 2 and Uti-
lities West, on a cost plus basis at an upset price not
to exceed $5,000. SECONDED by C/M Stein.
VOTE: ALL VOTED AYE
14. Bid Award - Utilities West - Temp.
Reso. #3636 -
iscussion and possi le action to
award a i for
four (4) vortex pumps.
SYNOPSIS OF ACTION: APPROVED bid award
to Ellis K. Phelps & Company in the
amount of $53,000.00 with the funds to
come from R & R Account 428-368-535-659.
City Attorney Henning read Temp.
Reso. 3636
by title.
V/M Massaro MOVED to adopt Temp.
Reso. 3636
authorizing payment be made from
the enewal and
Replacement Fund - Account Number
428-368-535-659.
C/M Gottesman inquired why the lower bid was re-
jected and was informed that the
lower bid involved
equipment that was unfamiliar to
the City.
C/M Stein SECONDED.
VOTE: ALL VOTED AYE
15. Driveway Repairs - TFem .--&eae.--#3G38
pess11 a- act! ea - to- amend- a- bid- awa*ed-by-Reselutiex
&4-39'5 -t-o;-1-rte7-,--i-R -ef4er -t-o -eam-
pl-eee -ehe-repg�ra-regt�rreci .
Discussion and possible action authorizing the City
to solicit bids for additional driveway repairs
(approximately 11) in the City.
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5/22/85
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SYNOPSIS OF ACTION: AMENDED AGENDA & APPROVED
authorization for City to so icit bids or
additional driveway repairs (approximately 11).
Mr. Henning informed Council that he was in receipt
of a memo indicating that Inland Sealcoating, Inc.
had completed their original commitment (4,000 sq.
ft.) and did not wish to do additional work on this
project. He noted that Temp. Reso. #3638 is no
longer needed and suggested amendment of agenda
item to read "Driveway repairs - Discussion and
possible action authorizing the City to solicit
bids for additional driveway repairs (approximately
11) in the City".
C/M Gottesman MOVED to amend the agenda item to
read "Driveway repairs - Discussion and possible
action authorizing the City to solicit bids for
additional driveway repairs (approximately 11) in
the City" and approval for bidding. SECONDED by V/M Massaro.
VOTE: ALL VOTED AYE
17. Bid Award - Wildlife Preserve - Temp_. Reso.
73S37biscussion an possi le action to award
a bid for chain link fencing.
SYNOPSIS OF ACTION: APPROVED
awarding "lid to Federal Fence Company
in the amount of $7,434.72
City Attorney Henning read Tem . Reso. #3637
by title.
V/M Massaro cited the need for the fencing to
prohibit access to a designated compound within
the park and to prohibit unauthorized vehicles.
V/M Massaro MOVED for adoption of Temp_ Reso.
#3637 SECONDED by C/M Gottesman.
VOTE: ALL VOTED AYE
18. City Depository - Discussion and possible action
regarding the City's sweep (checking) account at
NCNB National Bank of Florida. Report and recom-
mendation (tabled from 5/8/85)
5YNOPSIS OF ACTION: TABLED
at the request of the City Manager and
City Attorney for additional research.
City Manager Johnson informed the Council that this
item should not be on the agenda as he and City At-
torney Henning needed to perform additional research.
Mr. Johnson asked that the item be tabled.
V/M Massaro informed the Council of material she
received from Mr. Harold Boldt stating that when
money is deposited, collateral has to be placed
into the hands of a third party. She inquired if
the City's collateral was within the same bank
(NCNB) as the deposits are made.
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5/22/85
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Mr. Henning pointed out that under the Florida Sta-
tutes governing Repurchase Agreements there are two
alternatives:
- The City can take possession of the instruments;
- The City can place the instruments in a third
party's holding account.
Mr. Henning noted that with ESM the City was using
the Bradford Trust Holding Account which turned out
to be a problem. He reiterated V/M Massaro's on-
cern as to the Repurchase Agreement in that if it is
a Repurchase Agreement, does NCNB hold its own
securities or do they put them in a third -party
account.
C/M Stein MOVED to TABLE the item; SECONDED by C/M
Gottesman.
VOTE: ALL VOTED AYE
21. Broward League of Cities Business - Discussion
and possible action.
SYNOPSIS OF ACTION:
Mayor Kravitz reported that he is expecting
a list of proposed legislation from Tallahassee
which affects the cities' connection with the
League.
Mayor Kravitz informed Council of a memo he
received from the director of the Broward League
of Cities in reference to proposed legislation
affecting the League. He noted that the 28
cities which make up the League want to make
certain that they don't lose certain rights.
He explained that the League has prepared a
list of people to contact and that when he
receives it copies will be made available to
Council.
22. City Council Legislative Aides - Temp. Ord. #1197 -
iscussion and possible action to creat�ection
2-11.3 of the Code to provide for appointment, ap-
proval and qualifications of legislative aides to
Council members. FIRST READING.
SYNOPSIS OF ACTION: APPROVED
on fli—ist rea is ng
Mr. Henning read Temp. Ord. #1197 by title.
C/M Stein inquired as to why Council members could
not select and appoint their own aides and MOVED
that Ordinance #1197 be adopted. Motion SECONDED
by C/M Munitz.
VOTE: ALL VOTED AYE
23. Committee Procedures - Tem . Ord. #1198 - Discussion
and possible action to amen apter of the Code
(Ordinance 84-66) establishing discharge of committee
members for cause only and establishing a pre -discharge
hearing. First Reading.
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5/22/85
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SYNOPSIS OF ACTION: DENIED
e Ord—.#1198 o first reading.
Mr. Henning read Temp. Ord. #1198 by title.
V/M Massaro MOVED to DENY adoption of Temp. Ord.
#1198. SECONDED BY C/M Munitz.
VOTE: ALL VOTED AYE
24. Em to ee Salary Increases - Temp. Reso. #3632 -
Discussion and possible —action to esta6lis�a
procedure to notify the City Council of any multiple
step, range and/or pay grade level increment granted
to City employees.
SYNOPSIS OF ACTION: APPROVED
e Reso. #3612
Mr. Henning read Temp. Reso. 3632 by title.
Mayor Kravitz stated that Council should be
made aware of any multiple step, range and/or
pay grade level increment granted
to City employees. Mayor Kravitz explained that
upon notification Council can initiate action
if deemed necessary.
Vickie Beech, resident, inquired if there are caps
on employees' salaries. Council informed her that
there are caps depending on position and certain
increments. Ms. Beech urged Council to exercise
extreme caution and close observation of employee
salary increases to avoid letting things get out of
hand.
C/M Stein MOVED for adoption of Temp Reso. 3632
SECONDED by C/M Munitz.
VOTE: ALL VOTED AYE
25. Bruce E an Pro ert - Discussion and possible action
to determine whether to appeal the decision of the
court or to advertise for a public hearing for Re-
zoning Petition #27-Z-84.
SYNOPSIS OF ACTION: The City Attorney was
authorized to proceed with advertisement
for a public hearing for Rezoning Petition
#27-Z-84. There will be NO appeal of the
court order.
Mr. Henning referenced the denial (at a prior re-
zoning hearing) to change the Egan property from
residential to commercial (B-2). He informed
that this property is adjacent to St. Malachy's
Church on the north side and on the east side of
University Drive. Mr. Henning stated that a part
of the commercial proposal includes a 50 foot
S-1 recreational landscaped buffer on the east
side behind the property.
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5/22/85
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Mr. Henning continued that the City went to Court, which
Court proceedings were handled by Mr. Ruf's office,
whereby an order was handed down by Judge Lee
ordering the City to grant the rezoning. City
Attorney Henning proposed that whatever action
Council takes that it be at the next meeting.
He informed Council that there was still time to
appeal but his advice and that of Attorney Ruf's
to Council is not to pursue it further.
The City Attorney stated that he has put out re-
quests regarding wellfields citing the Five -Year
Capital Plan and the referendum as listing the
Egan property with at least one (1) or more well -
fields. He did inform Council of an informal
agreement to locate at least one (1) well in the
S-1 buffer and will continue to acquire more.
V/M Massaro inquired if the City has a chance
to win if further pursuit were made, and Mr.
Henning said that he felt the only thing to be
accomplished in appealing to the District Court
will be the loss of additional money and a delay
of as much as a year. C/M Stein MOVED that
Council direct the City Attorney to proceed
with the rezoning. SECONDED by" V/M Massaro.
VOTE: ALL VOTED AYE
26. Replacement Water Heaters - Discussion and
possible action regarding Building Department
fees, permits and inspections.
SYNOPSIS OF ACTION: The City Attorney
was irected to prepare a resolution
to provide for a building permit fee
of $15.00 for replacement water heaters.
Mayor Kravitz noted receipt of a copy of letter
addressed to C/M Munitz from the Tamarac
Presidents Council expressing their opposition
for any fees to repair or replace hot water
heaters.
Mr. Seymour Polster, resident of Shaker Village
and Vice President in charge of condominium affairs
for the Tamarac Presidents Council, implored Council
not to impose_any permit fee for repair or replace-
ment of water heaters as many residents feel the
cost of replacing the water heater itself is a
severe enough hardship. He stated that the Tamarac
Presidents Council, however, is not opposed to
inspection by city inspectors because they are al-
ready on city payroll.
Tape He informed Council that he has learned that a
8 number of cities have waived the fee and that at a
Rules and Regulations Committee Hearing held recently
there was an indication by this committee that they
hoped cities would not impose a fee. V/M Massaro
asked Mr. Polster which cities were waiving their
fees because she had heard that it was under consider-
ation but none have waived the fee so far. Mr. Polster
reiterated that he understood some had but did not
know which cities.
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1
V/M Massaro inquired if the Tamarac Presidents
Council had discussed the cost to the city of
sending out inspectors and how this fee differed in
respect to other inspection fees. Mr. Polster ac-
knowledged discussion among the members and they
were in agreement that this fee would impose an
unnecessary hardship on residents.
V/M Massaro asserted that minimum compensation for
costs is warranted.
C/M Gottesman further explained that the inspections
were necessary to insure that the warranty that comes
with the purchase of a water heater is not voided
and to insure adherence of necessary safety require-
ments.
V/M Massaro MOVED that a fee of $15 be imposed for
the inspection of water heater installations.
SECONDED by C/M Gottesman.
Mr. Henning advised that he will prepare the ap-
propriate resolution and present it to Council at
a future meeting.
Vickie Beech, resident, acknowledged that she
understood V/M Massaro's point but felt that if
the city imposes this fee it will open the door
for fees, fees and more fees. She stated that she
feels this is just the beginning for permits for
everything in order to generate revenue and that
she does not like what is happening.
V/M Massaro informed that this is a requirement of
the Board of Rules and Appeals - South Florida
Building Code.
C/M Munitz asserted his opposition to the $15
and said that he believed it would not change the
city's ad valorem one iota. V/M Massaro reemphasized
that this inspection is required by the Board of
Rules and Appeals.
Mr. Harold H. Newman, resident, asked Council if
this fee passed and Council learns that other
cities are waiving the fees, would they reconsider
and repeal passage. Mayor Kravitz conceded that
Council could bring it up but there is no guarantee
as to what action they will take.
VOTE:
ALL VOTED AYE
32. Jasmine Project (Pulte Homes Corp.) - Discussion
and
possi le action on:
a)
Site Plan - Temp. Reso. #3645.
b)
Assignment of-Woodmont Tract 7 Water and
Sewer Developers Agreement.
c)
Acceptance of an on -site ingress and egress
d)
easement - Temp. Reso. #3646.
Acceptance of an off -site public safety ingress/
Temp. Reso. #3647
egress easement -
e)
Petition #1-V-85 - Vacation of certain utility
easements within a portion of Cypress at Wood-
mont Tract 68) Temp. Ord. #1201.
f)
Petition #2-V-85 - Vacation of certain drain-
age easements within a portion of Cypress at
Woodmont III (Woodmont Tract 77 and a portion
of Woodmont Tract 68) am . Ord. #1202
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/vdw
SYNOPSIS OF ACTION: TABLED
at t e request o the developer
Items a) through f).
V/M Massaro MOVED that Items a) through f)
be TABLED at the request of the developer.
VOTE: C/M STEIN: ABSENT
C/M MUNITZ: ABSENT
C/M GOTTESMAN: AYE
V/M MASSARO: AYE
MAYOR KRAVITZ: AYE
36. Lakeside Apartments - Warrant Bond - Temp. Reso.
#3640 Discussion and possiSre action regarding
U-1—sposition of a warranty bond for public improve-
ments.
SYNOPSIS OF ACTION: REMOVED
Mr. Henning Read Temp. Reso. #3640 by title.
V/M Massaro MOVED to REMOVE Temp. Reso. #3640
from the agenda because the Engineering Dept.
advised that Bond #2-298-838 in the amount of
$32,027.21 has been extended to 6/24/85.
VOTE: C/M STEIN ABSENT
C/M MUNITZ: ABSENT
C/M GOTTESMAN: AYE
V/M MASSARO AYE
MAYOR KRAVITZ AYE
37. ST. MALACHY CATHOLIC CHURCH
a Release of a performance bond posted for
public improvements subject to receipt of
a one-year warranty bond - Temp. Reso. #3641.
b) Acceptance of the bill of sale for the water
distribution system improvements - Temp. Reso_
#3642.
SYNOPSIS OF ACTION:
a Approved release of performance Letter of Credit
#90618257 in the amount of $22,560.00 subject to
receipt of a one-year warranty bond in the amount
of $3,058.75.
b) Approved accepting the Bill of Sale for the water
distribution system improvements.
Mr. Henning read Temp. Reso. #3641 by title.
V/M Massaro MOVED the adoption of Temp Reso.
#3641 SECONDED by C/M Gottesman.
VOTE: C/M STEIN ABSENT
C/M MUNITZ: ABSENT
C/M GOTTESMAN: AYE
V/M MASSARO: AYE
MAYOR KRAVITZ: AYE
Mr. Henning read Temp. Reso. #3642 by title.
V/M Massaro MOVED the adoption of Temp. Reso.
#3642 SECONDED by C/M Gottesman.
VOTE: C/M STEIN: ABSENT
C/M MUNITZ: ABSENT
C/M GOTTESMAN: AYE
V/M MASSARO: AYE
MAYOR KRAVITZ: AYE
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38. Lakes of Carriage Hills - Model Sales Facilit -
isl�cussion and possible action to renew a model
sales permit for a facility located at 6180
Rock Island Road.
SYNOPSIS OF ACTION: APPROVED
renewal o-f-permit for a facility
at 6180 Rock Island Road for a
six-month period from 5/27/85.
Mr. Henning noted that the $625 fee had been paid.
C/M Gottesman MOVED to renew the model sales permit
for the Lakes of Carriage Hills facility at 6180
Rock Island Road for a six-month period from 5/27/85.
SECONDED by V/M Massaro.
VOTE: C/M
STEIN:
ABSENT
C/M
MUNITZ:
ABSENT
C/M
GOTTESMAN:
AYE
V/M
MASSARO:
AYE
39. Lake Colon (Brookwood Gardens) - Model Sales
Faci ity - Discussion and possible action to
renew a model sales permit and waiver of the
300-foot distance requirement for certificates
of occupancy.
SYNOPSIS OF ACTION: APPROVED
renewal of__permit and waiver of the
300-foot distance requirement for
certificates of occupancy for a six-
month period from 5/30/85.
Mr. Henning noted that a fee of $300 had been
paid.
V/M Massaro MOVED the renewal of the model sales
permit for a six-month period from May 30, 1985.
SECONDED by C/M Gottesman.
VOTE: ALL VOTED AYE
41. City Manager Report - Mr. Johnson read Council
a memo a received -in which the City of Tamarac
had been selected to receive an award for TUW
being the most improved water treatment plant
in the southeast region by the Florida Department
of Environmental Regulation.
City Manager Johnson also notified Council that
he will submit a memo to Council asking that they
accept his recommendations on the Cody Study,
Management Efficiency Study because he needs
guidance for budget preparation. He asked Council
to submit their views in reference to the Cody
Study in a memo and he will get back with them for
discussion.
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gyp,
42. City Attorney Re ort - Mr. Henning reported that he sent
a leer o County Commission outlining ten (10)
objections because the City failed to receive their
ambulance Certificate of Convenience and Necessity.
He explained that there was an extensive hearing with
the County Commission approving staff's rec
to return the issue to a newly formed eleven (11)
member committee. The City Attorney informed that
after looking over the Code the five --member review
committee that the City was sent to was not the
appropriate committee to hear the recommendation.
He said that after five (5) hearings,, three be-
fore a subcommittee and two (2) before the full
council the only recommendation was to create an
eleven �11)-member committee to study the issue
further. Mr. Henning concluded from the discussions
that the County Commission feels that the ambulance '
system, as it exists today, is the best possible and
they don't want to discuss any kind of alterations
within the system.
He referred to a problem with "voice" votes in that
the County was not aware that they had to vote and
have the vote counted. Mr. Henning said the County
opined that a "voice" vote is required if requested
by one of the voting members; he asked the County's
counsel for an opinion on this matter.
He did advise Council to prevail upon the County
Commission to establish the eleven (11)-member
committee so they can approach them with the issue
of Certificate of Convenience and Necessity. The
City will retain the two ambulances, at this point,
because they are cost effective.
City Attorney Henning informed that there will be
a 7 P.M. (May 22, 1985) hearing before the County
Environmental Quality Control Board. The citations
are being heard 6/7/85 at 10 A.M. at Nova Law
School.
Mr. Henning said the Land Section 7 lawsuit (Jones
case) has been settled. There was a possibility that
residents of Edgewater Village may intervene serving
to further complicate matters.
Mr. Henning stated that Tracts 42,37 and 2 involved
questions about recreation fees and Mr. Henning ad-
vised that he is trying to negotiate a settlement
with Mr. Potash. A court hearing regarding the re-
creation fees is scheduled for 6/12/85 but Mr.Henning
asked Council for a Special Meeting prior to this
hearing. Council requested a memo from Mr. Henning
in regard to this matter.
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5/22/85
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11
I
40. CITY COUNCIL REPORTS
C/M STEIN - None
C/M MUNITZ None
C/M Gottesman questioned the status of the
zoning laws proposed in both the House and
Senate and how they will affect the City.
Mr. Henning said that the League of Cities
has addressed the issue and is urging all
the representatives to vote against the
zoning proposals.
V/M Massaro asserted the need to change the
method of wiring City funds; she stated
that one person should not have that sole
responsibility. Mr. Henning said that Mayor
Kravitz has questioned the legality of one
individual authorizing wiring of funds and he
will make a report on this subject to Council
at a future date. Mr. Henning informed Council
that if they want to adopt procedures he
would be available to assist. V/M Massaro
also noted that no checks should be signed
by the machine unless they have been verified
by the Mayor or designee.
V/M Massaro also stated that there be no
accumulation of vacation time beyond each
calendar year and that sick leave be used
only if one is sick. She advised Council that
the City has $480,000 of accumulated leave
and that this practice must stop.
Mayor Kravitz chaired the panel for the County
Consumer Affairs Board; of the seven cases
the panel considered, three were Tamarac resi-
dents who won their respective verdicts.
Mayor Kravitz also reported that the Northwest
Council of Mayors passed a resolution urging
a change in the Broward League of Cities' method
of voting to help the smaller cities. "Northwest
Council of Mayors" will now be a continuing
item on Council agenda.
Mr. Henning noted that the League is looking for
new quarters as they have been evicted from the
Fort Lauderdale City Hall.
Mayor Kravitz recessed the meeting at 4:25 p.m.
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PUBLIC HEARINGS
- 5:05 P.M.
ROLL CALL:
PRESENT: Mayor Philip B. Kravitz
Vice -Mayor Helen Massaro
Councilman Raymond J. Munitz
Councilman Arthur H. Gottesman
ABSENT AND EXCUSED: Councilman Sydney M. Stein,
45. Traffic cIImpact Fee - Temp. Ord. #1186 - Discussion and
possib eactian to create Artic.LeIV—in Chapter 17
of the Code to establish an interim means of collecting
a traffic -impact fee while anticipating the report of
the citywide traffic operational study on First Reading.
SYNOPSIS OF ACTION: APPROVED 5/6/85
rev'sS.on .;n _Ti s� reading; as amended
Second reading on 6/12/85 at 5:05 p.m.
Mr. Richard Rubin, Consultant Planner/City of Tamarac, informed
Council of the shortage of funds to construct roadways within
Broward County and noted that the City Council has recognized
the need for additional funds to construct the roadways sur-
rounding the city. Mr. Rubin said the City Commission is
working closely with the County Commission to construct Uni-
versity Drive and Nob Hill Road but the County's financial
assistance is not enough. Mr. Rubin emphasized that alternate
means of financial assistance must be found, and he predicted
that if this is not done within the next few years there could
be several consequences:
(1)
(2)
a halt to future construction of developments
within this County until roadways are put
in place;
developments could become so expensive to
build these roadways that the cost of
building houses in this area would be pro-
hibitive.
Mr. Rubin said over the last year staff has interviewed eight
neering firms to find the most competent to devise a method
for finding funds to construct the city's local roads that
are not included in the County's regional trafficways plan.
The firm hired, Kimley-Horn, has initiated their study and
expect it to be completed within the next six (6) months;
this study will not only identify those roads and improvements
that are made in Tamarac but will also assist the City in
identifying sources of funds. He reported that in the interim,
while this study is being completed, Council and the Planning
Commission has proposed Temp. Ord. #1186 which parallels the
ff f
engi-
e orts o Broward County Traffic Improvements Fund or what
is called a TRIPS model. He said that the concept behind this
ordinance is that the city recognizes that the County is paying
for county roads through funds from the platting of
there are many pieces of land already platted in the pCityrtharopty tut
would not be contributing their fair share for County improve-
ments since they will not be required to replat or pay any
additional fees to the County. He remarked that the City also
has projects that are being platted in the County paying their
fair share for County and have found that those funds
are being distributed to other cities and jurisdictions around
Tamarac and those funds are not being left in Tamarac to develop
its roads where the major impact will occur. An example of this.
cited Mr. Rubin, would �e a multiple family project:even though t
county,might require $20,000 to $30,000 in impact fees on a 40-
acre project, those monies are being spent on major roadways
such as Wiles Road, University Drive in Sunrise and maybe not
being spent for the right -turn lane or the traffic light out-
side the door in Tamarac. He continued that the interim fee
as proposed states that any development that is coming in for
final site plan approval will be required to pay a fee at the
time of site planning based on the schedule on page 3 of the
ordinance.
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5/22/85 J
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Mr. Rubin said he recognized that Tamarac might not receive
enough money from any one developer to construct the necessary
improvements but the money will be grouped together and held
in escrow, and the city will devise a priority list of roads
and improvements that are needed. He said as those funds become
available, Council will allocate money from this escrow account
to build those priority items as Council determines. He said
he recognized that the city can not hold a developer's money
indefinitely and cited Section 723, page 3, which states a
the city is anticipating a traffic study by Kimley-Horn but if
the study is not completed and an ordinance is not enacted by
July 1, 1987 then any funds that the city received between now
and that date will be refunded to the applicants. Mr. Rubin
said the City Attorney's Office and the Planning Commission are
trying to make this ordinance workable whereby it will be
reasonable and will assist the City in finding the funds that
new projects would require and prevent taxing of the existing
population to build roads that are generated by these new
projects.
Mayor Kravitz asked the City Attorney if there is a special
escrow account for that purpose; Mr. Henning replied that
there is an escrow account. Mayor Kravitz continued that
if by July 1, 1987 the study is not completed the developers
would be entitled to a refund. He assumed that the city will
be earning monies on that account. He inquired if there was
Does the city keep it? Does
any provision on the interest:
it get added to that fund?
Mr. Henning stated that the interest generated, assuming that
the ordinance passes and the study is completed and then it is
ratified assuming the city does not make refunds , then the
interest generated by this fund will be used at the discretion
of the Council; it will either remain in the fund and grow or
be to the General Fund the interest alone)
it could transferred
which the City has done in the past7but the principal has to be
used for the purposes designed.
C/M Munitz asked Mr. Henning if the ordinance could be worded
so that there would be no question as to what can be done with
the interest. Mr. Henning said that the ordinance could be
written to designate use of interest to the General Fund.
C/M Munitz reiterated that the ordinance should read that
any interest earned by the escrow fund during its existence
shall be usable for the General Fund as revenue.
V/M Massaro opined that even though they have taken money out
of the various funds to do this she does not like it. She
expressed that the money generated should be used for the
purpose that the escrow was established.
Mr. Henning said that under b), page 3, Section 7-23b) if
the study is not completed and an ordinance enacted before
July 1, 1987, then the money collected pursuant to this
article shall be refunded with no interest paid to the city
and in such a case, any interest generated shall be diverted
to the General Fund; Mr. Henning inquired of Council if his
interpretation was correct. C/M Munitz stated that the
interest earned while the funds are in existence shall remain
the fund. Mr. Henning said that that was discretionary
with
to Council and you can bind it either way Council wants to
or Council can take it year by year. V/M Massaro said she
liked what he said because if the city gets money they will
use it because the need is there.
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C/M Munitz asked what
was the definition of a trip. Mr. Rubin
replied that the determination
of a total trip generation,
as defined on page 2
of document, associated with each proposed
development shall be
based on a standard trip generation con--
tained in the 1TE standards.
Mr. Rubin continued definition
in layman's terms by
stating' -that when"you go from your house
to the grocery store,
that's one trip; when you come back from
the grocery store to
your house, that's another trip generation.
Mr. Rubin said there
are standards, national as well as local,
that state that each
type of use has trips generated with each.
He exampled a single-family
home whereby ten (10) trips are
generated per day.
Mayor Kravitz opened
the public hearing.
Melanie Reynolds, resident, asked Council about the funds
that they have now from the traffic lights from which they've
gotten money. She said, for instance, that Council said
they would hold the funds in escrow but the other funds were
not held in escrow because Council used $26,000 of those
funds. Ms. Reynolds said that she understood that University
Hospital asked for a return of their $5000 and Council
refused; she stipulated that the past does not seem to go
along with the present.
V/M Massaro responded that a traffic light was placed at
University Hospital even though it was not right at the
hospital. She continued that the hospital is generating more
traffic because people are coming from different areas to
get there even though the light is not in front of the hospital.
V/M Massaro said that they have to help solve the problem that
they created in other places. V/M Massaro asked Ms. Reynolds
to qualify her statement about Council's use of the $26,000.
Ms. Reynolds responded that the money was used for the 61st
Street light. V/M Massaro countered that that was why those
funds were there. Ms. Reynolds continued that she could not
understand why these funds will be held in escrow. V/M Massaro
remarked that that was an escrow and that her printout showed
the escrow funds on Traffic Signalization Funds.
Ms. Reynolds replied that these funds are not going to be
spent until a certain time. City Attorney Henning reported
that the money will not be spent until the Kimley-Horn Report
is completed and the ordinance is pursued further. V/M Massaro
asked the City Attorney what that had to do with it. He ex-
plained that this is a very conservative ordinance, and the
reason for that is that they want to be 100% (and he feels
that they have been 100% legal). V/M Massaro asked if he
was protecting himself against anybody being able to squash
it. Mr. Henning continued that he was not criticizing or
commenting on any actions performed in the past but reiterated
that this ordinance was a very conservative and well -protected
ordinance. He reasoned the purpose of the impact fee is based
on an engineering study; the engineering study, he added, takes
many, many months. Mr. Henning said this fee is an estimate
and that they are hopeful it will be very close to what the
engineers come up with and the formula they give Council. He
said the reason the money is not being spent until the final
study is done is because the whole basis is the engineering
study and that is the reason for the fee assessment and they
want to avoid any slippage through the cracks while the report
is being written. He said. that Council knows they will have
a fee in the very near future; he said this outside date of
July 1, 1987 gives them a lot of cushion and that he would be
surprised if it takes that long to write this and get it passed.
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Ms. Reynolds stated that her premise is that she can not recon-
cile the monies they have obtained. Mr. Henning interrupted by
saying they were given under different circumstances. Ms.
Reynolds acknowledged that they were very different circumstances
but what is Council going to do with them. Mr.Henning responded
that they are held for traffic purposes and that Mayor
Kravitz had asked him about this same thing. He explained
that once the study is enacted, prior to July 1, 1987, if
the Council wants to put the traffic dollars that it previously
collected into this fund, that would be legal or if Council
wanted to keep it as a separate fund and use it for traffic
purposes, that would be legal, too.
V/M Massaro informed Ms. Reynolds that until such time as
the City Attorney is comfortable that we have the final
study and everything is fine and Council is in a position
to start using this money, there will be two different funds.
She advised Ms. Reynolds to keep in mind that the other money
was escrowed money; they were not used for anything else but
were kept for traffic -related problems.
Mr. Jim Brady, attorney for Midway Plaza Associates and
perhaps Cardinal Industries, reported that they have just
been informed about the pendency of this ordinance. He said
that he comes to Council with a lack of knowledge and questions
which he poses not as an advocate but in the spirit of a need
to deliberate this ordinance more thoroughly. Mr. Brady
addressed a number of concerns and started off with a policy
position: He explained that he is not opposed to the premise
that the one who creates the need ought to contribute to re-
solving the need and he felt that was the new way of doing
things. He said Tamarac, particularly, has a way of resolving
those problems on a development -by -development basis and he
thinks that this method, at lease for the near future, is
sufficient during the time that this ordinance is deliberated
at great length. Mr. Brady stated that this ordinance has
extreme economic effects; he said that benefits to the city
may be downsized to the developer. He continued that Midway,
in particular, is in the site plan review process now and has
been going on for some time. He said that if he understood
the ordinance correctly and assuming that it would be adopted
within the next month, Midway would be caught in the language
of that ordinance which says at the time you site plan, this
ordinance will apply to you. Mr. Brady informed that they
have not had an opportunity to do a TRIPS study but based upon
the information they have it appears that the economic impact
to Midway would be about $225,000; that's enough, he said, to
take a project and put it away because those sudden type of
economic impacts tend to wipe developers out. He said that
he is not sure he understands the ordinance even given the
information that Mr. Rubin gave Council.
Mr. Brady suggested to Council issues that he felt they needed
to explore in great detail in order to resolve them so that
Council is not left with loose ends, and the developer's would
receive palatable and fair treatment. He remarked that he
could not tell from reading the ordinance the numbers origination:
If a person generates from 0 - 250 trips daily, it will cost
$8.86; if the trip generation is over 500 per day, it costs
$26 for each trip over 500. Mr. Brady says he does not see
the rationale for the increased cost for the 501 trip.
He said he interpreted the ordinance to mean that the more
trips you make, even though it is the same trip, the more it
is going to cost you for that tract. He asserted that he
needs the opportunity to find out the source for the numbers
so they can test it to see if it is computed on a logical basis.
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5/22/85
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Mr. Brady addressed both the policy decision and logic in
this context. He said he does not know where the 30% assumed
drop comes from when you go from a multi -family that is non -
deed restricted to adult residents -only to a multi -family
which is deed restricted. He reasoned that there may be
sound, professional standards by which that is measured
but does not think it is in the definition which Council
is incorporating by reference. He He challenged that if
it is not and Council passes the ordinance, would they have
created something that they don't want.
Another area of concern (after unsuccessfully trying to re-
solve it with Mr. Rubin's explanation) is that the city
may benefit twice by imposing this ordinance. He explained
that if property is platted, the County gets a portion through
the TRIPS study in the form of impact fees and then when the
developer comes to the city to site plan that same piece of
property, then the city gets a portion of the impact fee via
the same TRIPS study. He said that he understood that the
study was based on a spiraling -out effect through the
county trafficways. He argued that the city is taking a
model which has been developed over several years,at a
great deal of manhour costs to the county and which has
been upheld in the courtroom, and applying it to a situation
for which it was not made. He wondered if it really works
out like that and if the city isn't getting two "bites of
the apple", if it is what the city wants to do and is it fair.
Mr. Brady stated that, fundamentally, it was questionable
(and he emphasized with all due respect to Council) whether
there was a rational basis for this ordinance; he said it
sounds as if the city is saying we don't want to wait six
(6) months for the Kimley-Horn study so we will do it now
under the aegis of an escrow fund which has a life right
now of a year and a half. He further speculated that the
city's thinking is that if it turns out they never get
their act together, they will give the developer's their
money come July 1, 1987 but will retain the interest. He
expressed that this is subject to legal problems and thought
that it needed additional review by the City Attorney's Office.
Mr. Brady suggested that rather than passing this ordinance
on First Reading that Council table it until the next reg-
ularly scheduled meeting which would give all interested
parties an opportunity to come back and share their thoughts.
He continued that if Council waits until the second reading
he feared that an answer would be developed by momentum
and then, perhaps, the public input would not be as meaningful
as it could be.
Mr. Rubin, in response to Mr. Brady's remarks, stated that
Mr. Brady probably has not had the benefit of sitting down
and discussing this issue with the traffic engineers as he
has. He addressed four (4) issues that Mr. Brady stated
he had difficulty understanding:
1. Question of 500-trip generation - Mr. Rubin
stated that the original ordinance as proposed at the
Planning Commission level addresses that there are two
levels of traffic:
a) projects that generate less than
500 trips and
b) projects that generate more.
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Mr. Rubin said that it is a national standard,
and that the Planning Commission felt that even small pro-
jects should have some percentages of contribution to
roadways and that is why there is a lesser fee for less
than 500 trips and the full amount above 500 trips.
2. Regarding adult communities - He cited a
study of the Woodlands which determined that the adult
portions of that community generate less trips than the
family areas; he exampled the Pomerantz case several months
ago.
3. Concern with two "bites of the apple" -
Mr. Rubin said a quick look at the map would identify only
one or two roadways that are considered regional in nature
by the county that would be applicable for county funds;
all those other roads are not being funded by any money
that the developers are paying to the county. He main-
tained that the monies generated from this ordinance
would enable the upgrading of roads that the county would
not plan to upgrade within the City of Tamarac.
4. Concern over cost to developer - Mr.
Rubin recognized the concern by the developers for ad-
ditional costs and suggested that maybe it would be
better if the developer waited until the roads are
widened and the traffic congestion is lessened and then
that fee would not be there and required of that developer.
V/M Massaro inquired of Mr. Brady what type of project
was he talking about and Mr. Brady answered that it was
a shopping center.
V/M Massaro MOVED for adoption of Temp. Ord. #1186. Mr.
Henning stated that on page 3, paragraph b, Section 7-23,
new language needed to be added to read "in such case any
interest earned by the fund shall be transferred to the City's
General Fund" and in b) after the word "amendments" insert
"along with interest earned on the fund shall be spent for
traffic improvements". V/M Massaro MOVED for adoption of
Temp. Ord. #1186 as amended. SECONDED by C/M Gottesman.
VOTE: C/M STEIN ABSENT & EXCUSED
C/M MUNITZ AYE
C/M GOTTESMAN AYE
V/M MASSARO AYE
MAYOR KRAVITZ AYE
V/M Massaro assured Mr. Brady that Council will consider his
suggestions. She asked Assistant City Clerk Barbuto for ver-
batim transcripts of Mr. Brady's and Mr. Rubin's presentations.
Mr. Henning informed that the second reading will be held on
Wednesday, June 12, 1985 at 5:05 p.m.
43. Animal Clinics - Temp. Ord. #1170 - Discussion and
possl5le action to amend Section 28-171 of the Code
to permit such clinics (no boarding kennels for animals)
in B-5 (Limited Business) districts by special exception
and in B-6 (Business) zoning districts. First Reading.
SYNOPSIS OF ACTION: APPROVED on
first rearing Temp_. OrZ. TM0
as amended to permit such clinics
(no boarding kennels for animals)
in B-5 districts by special ex-
ception and in B-6 districts.
Mr. Henning read Temp. Ord. #1170 by title. Mr. Henning ac-
knowledged that the title clearly states the intent of this
ordinance which presently allows animal clinics with no
boarding kennels for animals in B-2 by special exception and
in B-3 without special exception. He noted that Council is
also prohibiting extension runs or pens outside for animals.
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Mr. Rubin addressed Council stating that over the last six or
seven years the city has rezoned a lot of land with major ar-
teries to B-5 and B-6 to University Drive. He said when they
prepared their list of usage animal clinics were only allowed
in B-2 and B-3. He recalled that a member of the public came
to a Planning Commission meeting and said they would like to
put one along University Drive but the zoning lands along
there were B-5 and B--6. He continued that the Planning Com-
mission went back to the original intent of B-5 and B-6 which
were zoned to put uses along major arteries that were not
general retail in use such as banks, offices, etc; he reflected
that everybody at the Planning Commission realized that animal
clinics are cer-tai-nly not for retail use but a medical use
(medical offices are allowed in B-5 and B-6 and they are just
trying to maintain consistency).
V/M Massaro MOVED the adoption of Temp. Ord. #1170.
SECONDED by C/M Munitz.
VOTE: C/M STEIN ABSENT & EXCUSED
C/M MUNITZ AYE
C/M GOTTESMAN AYE
V/M MASSARO AYE
MAYOR KRAVITZ AYE
44. Driveway Entrances - Temp. Ord. #1171 - Discussion and
possible action to amend Section 18-4 of the Code to
prohibit the use of the parking aisles as the principal
means of on -site vehicular circulation for multiple
family residences. First Reading. Second reading
Wednesday, June 12, 1985 at 5:05 p.m.
SYNOPSIS OF ACTION: APPROVED 5/1/85
revision on urea incT g to
Section 18-4 of the Code to prohibit
the use of the parking aisles as the
principal means of on -site vehicular
circulation for multiple -family residences.
Mr. Henning read Temp, Ord. #1171 by title. He informed
Council that there was a six -line amendment that he along
with the assistance of the City Planner prepared back in
February. He said this went through the Planning Commission
and there is a May 1 revision. Mr. Henning said the Planning
Commission is now suggesting a 12-line revision and he ac-
knowledged that he's not sure that one is more specific than
the other. Mr. Henning asked Mr. Rubin to explain the 12-
line revision to Council if this is the Planning Commission's
recommendation.
Mr. Rubin expressed that he thought this was the best ordinance
proposed by the Planning Commission for Council's consideration.
He said that presently if you enter into a residential sub-
division, you would see cars parked along the primary access
road and if you're looking both ways, a car can back out and
there could be a potential accident. He said the whole intent
of this ordinance is to remove the traffic from this main
spine and put it in clusters of parking areas off the road
so that when you drive in, there are parking lots or clusters
where a car could back out and then go forward on the driveway.
Mr. Rubin stipulated that this order does not go far enough
as he felt its original intent relates to multi -family but he
feels that a similar ordinance is needed to address the com-
mercial projects.
Emil Beutner, Planning Commissioner, urged Council to adopt
this ordinance; however, he felt that line 28 should be corrected
because he felt that a loophole exists that would benefit the
developers. Mr. Beutner said either use a different word for
"primary" or eliminate the wording "primary parking lot".
Mr. Rubin acknowledged that Mr. Beutner's concern is valid.
He said they chose that terminology because they wanted to
cover all the situations so that nobody would be able to come
up with a new term and get around this ordinance.
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Mr. Henning asked if they could briefly explain the difference
between the long version and the short version.
Mr. Rubin responded that the short version states parking
spaces shall be located as to minimize conflict and that the
Planning Commission inquired if this is intended for multi-
family, single family or commercial. The Vice -Mayor and
Mr. Beutner, according to Mr. Rubin, asked him to look into it.
He said he found in Chapter 28 wording chat they could use so
they deleted the first paragraph and used Chapter 28 in this
ordinance. Mr. Rubin stated that the reason was very clear
because Land Sections 4,5, and 6 are exempt from Chapter 28
' in some cases but Judge Weissing said they are required to abide
by Chapter 18 which is the parking ordinance. He said they
recodified Section 28 into 18 to make it applicable throughout
the city.
C/M Munitz asked if there was not a way to include single-
family homes. He cited a complete blind spot when going
around certain roads and trees falling apart and asked what
could be done about that.
Mr. Beutner said the Code Enforcement Officer should look
into that because there is a code prohibiting the planting
of any trees or bushes at an angle of 45°.
V/M Massaro MOVED the adoption of Temp. Ord. #1171 (revised
5/1/85) on First Reading. SECONDS y M Munitz.
The second reading will be held on Wednesday, June 12, 1985,
at 5:05 p.m.
VOTE: C/M STEIN ABSENT & EXCUSED
C/M MUNITZ AYE
C/M GOTTESMAN AYE
V/M MASSARO AYE
MAYOR KRAVITZ AYE
Mayor Kravitz adjourned the meeting at 6:00 p.m.
ffFZ
5/22/85
/vdw
This public document was promulgated at a cost of $ 3 Y(r.�o
or $�0,7 per copy to inform the general public and pub
officers and employees about recent opinions and considerations
by the City Council of the City of Tamarac.
CITY OF TAMAR ��c
AP ROVED AT MEETING Or
City Clerk