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Home My WebLink About1985-06-12 - City Commission Regular Meeting Minutes®RD P.O. BOX 25010 ¢TAMARAC, FLORIDA 33320 FIRST CLASS MAIL CITY OF TAMARAC Is CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY, JUNE 12, 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. Tamarac Elementary School - Student Government Day - Announcement by the City Clerk of the elected student officials and Presentation by Mayor Kravitz of the Certifi- cates of Election to the student elected officials. 2. Beautification Committee - Presentation by Mayor Kravitz of Certificates of Appreciation to Florence Bochenek, Nick Camerano, Bruce Hoffman, Howard Kusnick, Morris Landman, Lynn Redfield, Seymour Stein and William Sutter. BOARDS AND COMMITTEES 3. Insurance Advisory Committee - Temp. Reso. #3652 - Dis- cussion and possible action to appoint five 5 members to this committee. 4. Golf Feasibility Committee - Temp, Reso. #3650 - Discussion and possible action to abolish this committee —by repeal of Resolutions 84-180 and 84-393, 5. Board of Social remove a member CONSENT AGENDA 6/12/85 pg 4 C/C called roll of elected student officials. 6/12/85 pg 3-4 Presentations made 6/12/85 Pg 22 APPOINTED Bernard Sims, Phil Gorin & Herbert Lapidus. 2 vacancies remain 6/12/85 pg 21-22 APPROVED temp.reso #3650 Services - Discussion and possible action to 6/12/85 pg 21. from service on this board. REMOVED Norman REMOVED as member Items listed under Item #6, Consent Agenda, are viewed to be 6/12/85 pg 20 routine and the recommendation wi 1 1 be enacted by one motion APPROVED a) thru in the form listed below. If discussion is desired, then th l) item(s) will be removed from the Consent Agenda and will be considered separately. a) Alan F. Ruf - Consulting City Attorney - 6/5/85 - $2,020.00 - Approval recommended by City Attorney. b) Howard, Brawner, Lovett & DePozsgay - Special Counsel - 5/17/85 - $4,575.00 - Approval recommended by City Attorney. c) Touche, Ross & Co, - Auditor - 5/13/85 - $1,000.00 - Approval recommended by Deputy Finance Director. PAGE TWO 6/12,/85 d) CH2M Hill - Consulting Engineers - Approval to pay the following invoices: a) Deep Injection Well - Invoice #04-400 - $2,634.70 b) Sludge Dewatering and Composting - Invoice #05-0459 - 8,93.8._08. _ c) Deep Injection Well - Invoice #04-458 - $20,841.48. e) Tamarac Utilities East - Request to solicit proposals for repair and replacement of sewage pump stations. f) Tamarac Utilities West Office Building - Request approval to purchase asphalt under the County contract from Weekly Asphalt Paving in an amount not to exceed $5,000.00. g) Police Department - Forfeiture Vehicles - Request per- mission to hold public auction for disposal of vehicles. h) Police Department - Request authorization to solicit bids for six (6) vehicles. i) Fire Department - Request approval to purchase OSHA approved helmets on Bi-County Joint Bid in the amount of $9,000.00. j) Patio Homes at Fairmont - Request for refund of drainage fees - Approval to remove this item from the agenda. k) Public Information Committee - Request for additional funds - Approval to remove this item from the agenda. 1) Health Care Self -Insurance Disability provisions - Approval to remove this item from the agenda. GENERAL ADMINISTRATIVE/FINANCIAL C I6/12/95 Pg 6-10 7, Management Study - Discussion and possible action on recommen--ACCEPTED recom. dations of the_ City Manager. of C/M, instructs C/M to bring nec. 8. Municipal Complex - Discussion and possible action on: doc. fur future a Status report on Plans action. b) Payment of Miller & Meier Invoices: F1301 - $21,427.66 (tabled from 5/22/85) F1303 - $35,091.66 Fl 307 - $35, 1 91 .66 6/12%85 Pg 35-36 TABLED to 6/26/8` 9. City De osi tory - Di scussi on and possi bl e acti on regardi ng the 6/26/85-Pg 44--45 City's sweep checking) account at NCNB Bank of Florida. ..C/A was author.tc Report and recommendations (tabled from 5/22/85) contact NCNB & 27 terminate agree-t Velain to ban - 10. Tract - Soccer Field - Discussion and possible action on ink hangertr report of the Park Commissioner Louis Solomon. dai1 bankin . 6 P5 Pg 10-1_� 11. Suncom Telephone System - Temp. Reso. #3653 - Discussion and BLAD for e$eax sTrt`aiif�t.1}0- possible action to authorize the appropriate City officials to HIB.Sunsoccer Tee execute an agreement with the State Department of General fro n► us n Tract roo o e ur. Services to permit the City to tie into this system. n Hold Harfr0�emt Pa mt o 12. Pension Plan - Discussion and possible action to authorize Pg 42 Kruse, O'Connor and Ling, Actuaries, to conduct a study in A PR VED various areas of concern. t Tw��eDs��dr WJ.c,,l 13. Police Department - Video Editing Equipment - Discussion and 6/12/85 pg 41� APPROVED a) & b) possible action to: a) Waive formal bidding procedures to purchase a character generator in the amount of $2,695.00. b) Authorize the purchase of the balance of this equipment through the State Contract No. 00-840-85-1 in the amount of $6,940.20. 14. PAGE 'ITHREE 6/12/ 5 Ambulance Service - Report - Discussion and possible action. 6/12/85 pg 14-16 AUTHOR C/A to 15. Mitchell Ceasar - Grants Consultant _ Report on Universit Drive 16. Broward League of Cities Business - Discussion and possible file loea stin o outsi att p to �ouncyi 6/ 12pg i1+ Rpt. Riven a c t i o n. Mayor Kravitz report.. 17. -gave Northwest Council of Mayors - Discussion and possible action • 6/12/8Krav5 pg it4-35 Mayorgave report. LEGAL AFFAIRS 6/12/85 pg 42--43 APPROVED 2nd rea< 18. Water and Sewer Charge - Temp. Ord. #1195 - Discussion and possible action to amend Section 27-51 of the Code to delete all references to deferred payments and financing of con- tribution charges and to amend Section 27-52 of the Code to - delete some references to deferred payments for guaranteed revenues. Second Reading (public hearing held 5/22/85). /12/85 pg 18-19 APPROVED 1st rea( prov.approval of a special permit to allow ext.hrs for u-g em.con- sump�io 19. 20. Sale of Alcoholic Beverages - Temp. Ord. #1 203 - Discussion and possi bl e action to amend Chapter 3 of the Code by pro- vi di ng for a special permit to allow extended hours for on- premises consumption. First Reading. Child Care Facilities - Temp. Ord. #1204 - Discussion and possible action to amend Chapter 12A of the Code to conform to Broward County Code regarding minimum outdoor space per child requirements. First Reading. 6/12/85 pg 13 APPROVED 1st read. 6/12/85 pg 23-25� 21. Building Department Permit Fees - Temp. Res_o. #3649 - Di s- cussion and possible action on: a) Merits of establishing a permit fee for water heaters b) Adoption of the permit fee schedule as revised. APPROVED a) & b) i as amend.DELETEDI 41d "Fumigation"' 22. Heftler Homes - Assignment of Water and Sewer Agreement - Discussion and possible action to authorize the appropriate City officials to execute an assignment agreement for Lot 2, Block 5 - James and Lena Marsh. /12/85 pg 43. TABLED.applicant will be notified o bring Guar.REv p-to-date. /12/85 pg 29 APPROVED 2nd read PUBLIC HEARINGS - 2:00 P.M. 23. City Council Legislative Aides - Temp. Ord. #1197 - Dis- cussion and possible action to create Section 2-11.3 of the Code to provide for appointment, approval and qualifications of legislative aides to Council members. Second Reading. ub.Hear.held. 24. Pulte Home Corporation - Rezoning Petition #10-Z-85 - Temp_ Ord. #1 1 99 - 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). Second /12/85 pg 29 APPROVED 2nd read Pub.Hear.held. Reading. (Due to new site plan for Jasmine Project, this recreation parcel is planned to be relocated). 25. Pul to Home Corporation - Rezoning Petition #1 1 -Z-85 - Temp_ Ord. #1 200 - Discussion and -possible action to rezone lands on the north side of NW 70 Street, approximately 280 feet east of NW 88 Avenue, from R-4A (Planned Apartments) to S-1 (Open Space/Recreation). Second Reading. (This is the Recreation Parcel for the proposed Jasmine Project, which is /12/85 pg 29-30 APPROVED 2nd rear ?ub. Hear. held the southern portion of Cypress III). • - - --- ----- ----------------- - - - - -- PAGE FOUR 6/12/85 COMMUNITY DEVELOPMENT 26. 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 Developer! Agreement c) Acceptance of an on -site ingress and egress easement - Temp. Reso. #3646 . d Acceptancef oan off -site public safety ingress and egress easement - Temp. Reso. #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 #2-V-85 - Vacation of certain drainage easements within a portion of Cypress at Woodmont III (Woodmont Tract 77 and a portion of Woodmont Tract 68) - Temp. Ord. #1202 27. Bruce Egan - Rezoning Petition #27-7-84 - Temp. Ord. #1148 revised - Discussion and possible action to rezone lands at the southeast corner of University Drive and NW 64 Street, extending eastward to the western boundary of Vanguard Village and southerly to St. Malachy Church property, from R-3 (Low Density Multiple Dwelling) to B-2 (Planned Business) and S-1 (Open Space/Recreation). This action is pursuant to Court Order. First Reading. 28. Laird's Hardware and Paint - Discussion and possible action to clarify previous actions regarding sign waivers. 29. Island. Club -Apartments - Tem . Reso. #3583 - Discussion and possible action on a request for temporary waiver of the platting requirements in order to install a temporary fence around the construction compound (tabled from 5/8/85) 30. Financial Center at Woodmont - Discussion and possible action on: a) Concept site plan b) Stipulation No. 19 31. Isles of Tamarac - Model Sales Facility - Discussion and possible action to approve renewal of a model sales permit and waiver of the 150-foot distance requirement for certificates of occupancy. 32. Woodmont Tract 74/75 - Sign Waiver - Temp. Reso. #3654 - Discussion and possible action to renew a sign waiver for a period to expire June 22, 1985, for a sign located on University Drive. 33. Ambassador Savings & Loan Association - Revised Site Plan - Temp. Reso. #3658 - Discussion and possible action to approve a revised site plan to reflect the addition of a flag pole, add one loading zone and revise the landscaping. 34. Family Mart - Bond Release - Temp. Reso. #3655 - Discussion and possible action to release a warranty Letter of Credit in the amount of $878.00. 6/12/85 pg 30-32 a)APPROVED w/cond' b) c) d) APPROVED e) & f ) APPROVED 1st read. J 6/12/85 pg 30 -- APPROVED 1st rear i/12/85 pg 6 .EAPPROVED waiver pr 3rdkksi n facet iestpsiden fbbiffdgl o��pr1V &95- �/22/85 pg 16-17 'ABLED to 7 / 10 / 8 ` gs. 36 - 38 O/tZ/03 PS. 16-17 TABLED to 6/26/85 6/12/85 pg 44 TABLED to 6/26/85 6/12/85 pg. 44 APPROVED 6/12/85 pgs. 17, 18 and 20 APPROVED with conditions a/Iz/OD pg. APPROVED 35. South ate Boulevard Sidewalks - Discussion and possible 6/12/85 pgs. action to authorize a decrease in the amount of the contract 44 & 45 price for this work by $1,278.20 with a new total contract APPROVED price of $21,051.80. PAGE FIVE 6/1 /85 36. Brookwood Gardens - Warranty Bond - Temp. Reso. #3656 - Discussion and possible action to call the warranty bond posted for public improvements pending completion of required remedial repairs. 6/12/85 pg.45 TABLED to 6/26/85 6/12/85 pg.45 APPROVED 37. Kings Point Recreation Complex - Bond Release - Temp. Reso. #3657 - Discussion and possible action to release perform- ance bonds posted for paving and drainage and landscaping subject to receipt of warranty bonds. 38. Drainage Improvement Program - Discussion and possible action to authorize James M. Montgomery Consulting Engineers Inc. to perform a study of flooding in the Boulevards Section. 6/12/85 pg.36 TABLED 39. Sanitary Sewer Rehabilitation Project - Discussion and pos- sible action to approve an addendum to an agreement with Williams, Hatfield & Stoner, Inc. pursuant to EPA regulation 6/12/85 pgs. 36 & 37 .APPROVED 40. Tamarac Utilities West - Fresh Water Storage Tank - Dis- 6/12/85 pg.37 cussion and possible action to approve an agreement with Williams, Hatfield & Stoner, Inc. to perform services during APPROVED construction and inspection and prepare as -built drawings and certification. 41. Tamarac Utilities West - Force Main Grant Application - Dis- cussion and possible action to approve a work authorization for Williams, Hatfield & Stoner, Inc. to amend the grant 6/12/85 pg.37 APPROVED application as requested by DER. REPORTS 42. City Council 6/12/85 pg.47 43. City Manager 6/12/85 pg.47 44. City Attorney 6/12/85 pg.45 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - & 46 PUBLIC HEARINGS - 5:05 P.M. 45. Animal Clinics - Temp. Ord. #1170 - Discussion and possible action to amend Section 28-171 of the Code to permit such clinics (no boarding kennels for animals) in B-5 (Limited Business) districts for special exception and in B-6 (Bus- iness) zoning districts. Second Reading. 6/12/85 pg s. 47 & 48 APPROVED on Second. & Final' Reading. P.H. 46. Driveway Entrances - Temp. Ord. #1171 - Discussion and pos- sible 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. Second Reading. held 6/12/85 pg.48 APPROVED on Second & Final Hearing. P.H. held. 6/12/85 pgs, 48 & 49 TABLEE P.H. held 47. Traffic Im act Fee - Temp. Ord. #1186 - Discussion and pos- sible action to create Article IV in Chapter 17 of the Code to establish an interim means of collecting a traffic impact fee while anticipating the report of the City -Wide Traffic Operational Study. Second Reading. PAGE SIX 6/12/85 City Council may consider and act upon such other business as may come before it. Pursuant to Chapter 286.0105, Florida Statutes, if a person decides to appeal any decision made by the City Council with respect to any matter considered at such meeting or hearing, he may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is based. CITY OF TAMARAC Marilyn Bertholf, CMC City Clerk CITY COUNCIL WORKSHOP MEETING Thursday, June 13, 1985 - 9:30 A.M. - Council Chambers - Fluoridation of the City's Water Supply Following are the residential and'comnercial zoning districts in the City: R-1 - Single Family Residence B-2 - Planned Community Business R-IB B 8-3 - 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 1-1 - 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 0 PAGE S j 1 48. Broward County Development Board - Temp._Reso. #3661 - Discussion and possible action to encourage the movie industry to produce movies in Broward County. (agendized by consent 6/12/85.) 49. Tract 24 (agendized by consent 6/12/85) - Discussion anc possible action on: a) Site Plan - Temp. Reso. #3662 b) Water and Sewer Agreement c) Stipulation (located on the south east corner of Nob Hill. Road and NW 81 Street) 50. Calico Country - Tract 38 - (formerly Woodview) - (agendized y consent 2/85) - Discussion and possible action on: a) Water and Sewer Agreement b) Easement and Option Agreement c) Five Agreement and Waivers of Section 28-216 of the Code_ waiving the distance of the Model Sales Facility from occupied residences d) Temporary Model Sales Facility 55. Wire Transfer of Funds - Temp. Reso. #3651 - Discussion andpossi5le action.(agendized y consent 12/85) 6/14/85 Reconvened mtg. pgs- 1 & 2 APPROVED 6/14/85 Reconvened mtg. pgs. 1-6 APPROVE] 6/14/85 Reconvened mtg. pgs. 6-8 APPROVEi 6/14/85 Reconvened mtg. pgs. 8 & 9 APPROVED AS AMENDED Ll IJ CITY OF TAMARAC, FLORIDA JUNE 125 1985 REGULAR CITY COUNCIL MEETING Tape CALL TO ORDER: Mayor Philip B. Kravitz called the 1 meeting to order on Wednesday, June 12, 1985 at 9 A.M. in Council Chambers. PRESENT: Mayor Philip B. Kravitz Vice -Mayor Helen Massaro Councilman Arthur H. Gottesman Councilman Raymond J. Munitz Councilman Sydney M. Stein ALSO PRESENT: Elly F. Johnson, City Manager Jon M. Henning, City Attorney Marilyn Bertholf, City Clerk Diane Williams, Secretary (AM) Patricia Marcurio, Secretary (PM) MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Kravitz called or a Moment of Silent Meditation followed by the Pledge of Allegiance. 48. Broward County Development Board - Temp. Reso. #3661 - Discussion and possible action to encourage the movie industry to produce movies in Broward County. SYNOPSIS OF ACTION: Agendized by Consent See Pages 4 & 5) C/M Gottesman MOVED to agendize by consent discussion and possible action on the Broward Economic Develop- ment Board. SECONDED by V/M Massaro. VOTE: ALL VOTED AYE 49. Tract 24 - Discussion and possible action on: a) Site Plan - Temp_. Reso. #3662 b) Water and Sewer Agreement c) Stipulation (located on the southeast corner of Nob Hill Road and NW 81 Street) SYNOPSIS OF ACTION: Agendized by Consent /85 - Recessed meeting V/M Massaro MOVED to agendize by consent discussion and possible action on Tract 24. SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE 50. Calico Country - Tract 38 - (formerly W_o_o_d_view) Discussion and possible action c on: a) Site Plan b) Water and Sewer Agreement c) Waiver of Platting d) Easement and Option Agreement e) Temporary Model Sales Facility 6/12/85 /vdw SYNOPSIS OF ACTION: Agendized by Consent - 6 14/85 - Recessed Meeting V/M Massaro MOVED to agendize by consent Calico Country - Tract 38 for discussion and possible action on a) thru e). SECONDED by C/M Stein. VOTE: ALL VOTED AYE 51. Northwest Force Main/Pump Station - Temp. Reso. 6 - Discussion and possible action. SYNOPSIS OF ACTION: Agendized. by Consent (See paged V/M Massaro MOVED to agendize by consent discussion and possible action on the Northwest Force Main/Pump Station Temp._Reso. #3659. SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE 15b. Mitchell Ceasar - Grants Consultant - Report on University Drive - Discussion and possible action to authorize payment of May and June invoices. SYNOPSIS OF ACTION: Agendized by consent (See pages y 34-jtq) V/M Massaro MOVED to agendize by consent b) payment of invoices. SECONDED by C/M Munitz. VOTE: ALL VOTED AYE 52. Morgan, Lewis & Bockius Invoice for discussion and possible action on: a authorization to increase fees b) payment of fees SYNOPSIS OF ACTION: Agendized by consent ( See page.& ) V/M Massaro MOVED that the Morgan, Lewis & Bockius Invoice items a) and b) be agendized by consent. SECONDED by C/M Munitz. VOTE: ALL VOTED AYE 12. Pension Plan - Discussion and possible action to: a) authorize Kruse, O'Connor and Ling, Actuaries, to conduct a study in various areas of concern. SYNOPSIS OF ACTION: Agendized by Consent b payment of Facciani's Invoice (See pages *0w 14 V/M Massaro MOVED to agendize by consent discussion and possible action to authorize payment of invoice in the amount of $7500 for consultation services for Pension Plan. SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE 53. Turnpike Crossing - Discussion and possible action to go to bid on Projects: -2- 6/12/85 /vdw u f] I a) 84-9 - 18" Force Main For The Turnpike Crossing b) 85-18 - Pump Station Modification c) 85-4 TUW Pump Station (Project 16-A) SYNOPSIS OF ACTION: Agendized by Consent See pages �-�7 V/M Massaro MOVED to agendize by consent Turnpike Crossing for discussion and possible action to go to bid. SECONDED BY C/M Stein. VOTE: ALL VOTED AYE 54. Richard Rubin, Consultant City Planner's Invoice - Discussion and possi le action on payment ot invoice. SYNOPSIS OF ACTION: Agendized by consent See page V/M Massaro MOVED to agendize by consent Richard Rubin's Consultant City Planner, Invoice. SECONDED by C/M Gottesman. VOTE: ALL, VOTED AYE 55. Wire Transfer of Funds - Temp. Reso. #3651 - Discussion and possible action SYNOPSIS OF ACTION: Agendized by consent See pagedZ ;i- V/M MOVED to agendize by consent the Wire Transfer of Funds - Temp. Reso. #3651. SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE 56. Independent Audit of Finance Department -- Discussion and possible action SYNOPSIS OF ACTION: Agendized by Consent See page.Zg V/M Massaro MOVED that the Independent Audit of Finance Department be agendized by consent for discussion and possible action. SECONDED by C/M Stein. VOTE: ALL VOTED AYE 26. Jasmine Project (Pulte Homes Corp.) -- Discussion and possible action on a through g . SYNOPSIS OF ACTION: Agendized subsection g by consent See pageS-AO 3/ ,7 V/M Massaro MOVED to agendize by consent Item g) Blanket Utility Easement - Temp. Reso. #3660. SECONDED by C/M Stein. VOTE: ALL VOTED AYE 2. Beautification Committee - Presentation by Mayor Kravitz of Certificates of Appreciation to Florence Bochenek, Nick Camerano, Bruce Hoffman, Howard Kusnick, Morris Landman, Lynn Redfield, Seymour Stein and William Sutter. SYNOPSIS OF ACTION: Presentations were made. MIN 6/12/85 /vdw Mayor Kravitz presented a Certificate of Award to Florence Bochenek, Chairperson, who assisted him in pre- senting Certificates to: Nick Camerano Bruce Hoffman Howard Kusnick William Sutter The following were not in attendance for awards ceremony: Seymour Stein Lynn Redfield Morris Landman 1. Tamarac Elementary School - Student Government Day - Announcement by the City Clerk___oT the elected student officials and Presentation by Mayor Kravitz of the Certificates of Election to the student elected officials. SYNOPSIS OF ACTION: The City Clerk called the roll of -the elected student officials. City Clerk Marilyn Bertholf read the official Certificate of Election and made presentations as follows: Mayor Vice -Mayor (District Councilman (District Councilman (District Councilman (District City Manager City Attorney Fire Chief Police Chief Stephen Abbas 1) Michelle Kessler 2) Sach Edwards 3) Todd Christie 4) Stephanie Ledford Stacey Bergstein Nancy Stormes Carlos Nugue Danelle Clark 48. Broward Economic Development Board - Discussion and possible action. SYNOPSIS OF ACTION: TABLED to the reconvened meeting on 6/14/85 to allow City Attorney to research details involved. Mayor Kravitz reported that he received communication dated June 5 which contained a Fort Lauderdale brochure; the purpose of which was to enlist the support and location of movie production into Tamarac. He continued that the proposal to encourage movie industries to locate in Broward County is supported by most o= the cities' Chambers of Commerce; and he introduced Mr. Lou Schiff, President of the Tamarac Chamber of Commerce to speak. Mr. Lou Schiff stated that the proposal that he would present needs the cooperation of the City of Tamarac. He continued that Broward County is becoming a mini --film capital and that over the last several years there have been many pictures shot in Broward County (most of those pictures being shot in Fort Lauderdale). He urged the City of Tamarac to cooperate with the Chamber of Commerce and the Broward Economic Develop- ment Board to bring motion pictures to Tamarac at a relatively zero cost to the city and perhaps increasing the tax base and revenue of the city. He said that the reason Fort Lauder- dale has been so successful in attracting the motion -picture industry is their one -stop procedure for obtaining the permit. He asked for Council's commitment to support such a program -4- 6/12/85 /vdw 11l 1 as Tamarac's Chamber of Commerce has already made a monetary commitment to support and encourage the motion - picture industry location to Tamarac. He said they were preparing a brochure, to be distributed to all major motion - picture companies; featuring various areas of the city. He informed Council that they've found an area within the city that the motion -picture industry is interested in shooting. He reiterated that the cost to the City is virtually nothing and is, in fact, revenue for the City but the most important factor is that it has to be done swiftly. He explained that if issues have to go before Council each time a motion - picture company wants to shoot in the City that may result in a loss of revenue. Mr. Schiff said that he understood that when a filmmaker comes in to shoot, they do hire local businesses. He asked Council for a resolution that will give the Mayor's chair some type of power through the Chamber of Commerce to enable a one -stop permitting. Linda Linzen, Broward Economic Development Board/Motion Picture and Television Office, explained that her office tries to promote motion pictures by expediting the efforts of the filmmaker so that he may shoot in Broward County, specifically, permitting. She said that the cities of Fort Lauderdale, Hollywood, and Pompano tend to have the majority of the filmmaking business, and she would like that to change. She acknowledged that her tour of Tamarac revealed excellent areas in terms of location. She cited that in terms of economic impact to the community that for every dollar a filmmaker spends here, it is spent three and a half more times before it leaves the community. Ms. Linzen said that she wholly endorsed the idea of the Mayor and Chamber of Commerce working in concert in permitting filmmakers to work in Tamarac on a quick basis because as op- posed to other industries decisions in filmmaking have to be made very quickly. She said that many commercials are con- ceived on Saturday and shot by Friday illustrating how fast things move. She said the city's cooperation would be a mar- velous asset when she is speaking with major filmmakers. Ms. Linzen entertained questions. Mayor Kravitz observed that everyone present would be interested in having a motion picture locate in the city and he stated that they will attempt to coordinate it so that the community can become involved. Ms. Linzen thanked the Mayor and presented him with a presen- tation folder that is sent to all the major motion -picture studios and to all the advertising agencies in New York. She said it would give Council an overview of what is available in Broward County. City Attorney Stormes (Henning) asked what cooperation is needed. Ms. Linzen replied that, first of all, the most important thing is expediency; in other words, not a lot of paperwork but enough toknow that you are protected as citizens as well as the movie company. She also cited the need for police support. Ms. Linzen also asked that the city's staff help with locations. V/M Kessler (Massaro) inquired if the city would get paid. Ms. Linzen responded that the main thrust of the county, at this point, is to keep the permit process fee free. She added that the way the city is paid is called in -kind; that means you get publicity for the City of Tamarac, and excite- ment and morale for the community. The fee free idea, continued Ms. Linzen, is because cities like New York and Los Angeles are practically chasing production out because they have too many fees and too many permits. V/M Kessler (Massaro) MOVED that the City Attorney research the details of bringing a motion -picture industry to the City .and TABLED the item for the 6/14/85 reconvened meeting. SECONDED by C/M Ledford (Stein). VOTE: -5- ALL VOTED AYE 6/12/85 /vdw 28. Laird's Hardware and Paint - Discussion and possible action to clarity previous actions regarding sign waivers. SYNOPSIS OF ACTION: REAPPROVED the or a third sign =_acing the parking lot on the west ;aide of the building previously approved by Reso. 85-114 and Reso. 35-149. Floience Bochenek, Chairman of the Beautification Committee, addressed Council o:..z f_his item citing that there is not a lot of paperwor::c because this item is just a technicality. She explained t'iat --he petitioner had appeared before the Beautification Committee f_or one of the items. unfor tunately, there was a misun0erstanding and it came directly to Council by waiver without reappearing before the Beauti- fication Comri t e Ms. F',ochenelc said- tha& inasmuch as Council did approve it, the Beautification Committee recom- mended, due to 1.Zardsh_'p, that it again be approved so that they can sign the papers. Mr. Henning asked, -'or clarification, if this was the third sign face tha`_ is now before Council, and Ms. Bochenek replied that he was correct. She said the petitioner has a store in the Tamarac Shopping Plaza and, unfortunately, it is on the south 5icle where the signs are not visible so, therefore, because of hardship they felt the petitioner was entitled by waiver to a third sign and that was the original request that was made and approved but did not go through the proper chEnnels. She said the fees have been paid. C/M Gottesman inquireC. if this was a sign for the east side of the building;. Ms. Bochenek said it was for the east side. C/M Ledford (Stein) MOVED to reapprove the waiver for a third sign facing the parking lot on the west side of the building. SECONDED by C/M Edwards (Gottesman). VOTE: ALL VOTED AYE 7. Management Stud - Discussion and possible action on recommendations of the City Manager. SYNOPSIS OF ACTION: ACCEPTED the recommendation the Cite N.anager; instructed him to brinf; necessary documentation for future action. City Manager Johnson noted that several weeks ago Council received a report frorr Coc.y & Associates who did a management study on the city. HE said that he drafted a proposed recom- mendation and that t:hEre have been several changes as of yesterday afternoon it discussions with Council relative to problem areas alreac'.y pinpointed. Mr. Johnson cited the following proposals to Council: Establishment of a General Services Department - This department would tale t'-ae Purchasing Division, Personnel, Data Processing and related services to be headed by Mr. Larry Perretti who is presently the Personnel Director but who will assume the title of Assistant Ci''y Manager. Tape The sc:conc. recommendation was to take the grass 2 cutting out of Farks and Recreation. He acknowledged that there has been many rumors going around the origin of which 41 he is unsure. Fe assured that i_'s been his intention all along to only remove the median cutting and the Parks and Recreation Department would be responsible for the parks (Tamarac Parr, Tract 27, Ca.porella Parr and Veterans Park). -6- 6/12/85 /vdw Three people would be transferred from the Parks and Recreation Department. Mr. Johnson withdrew the recommendation to combine Publ-Lc Works under Engineering because of the volume of wor.- al-'--cady going on in Engineering; he said now is not the time for the change. He recommended that Code Enforcement be removed from the Police Department and placed under the Building Department; he cited the reason for the transfer is that their main enforcement is under the City Code. Mr. Johnson said there will be a periodic review of this transfer to ascertain whether it is working properly. Mr. .Johnson said those were his recommendations, and that if Council endorses the concept of the recommendation, he will return at the next meeting with an ordinance creating the General Services Department as required by the Charter so that Council may act upon it as well as other recommendations related to this. He stipulated that there are other recom- mendations in the Cody Study (job description, evaluations, etc.) and these things will be ongoing and he will return to Council with recommendations in reference to those areas. Mayor Kravitz asked Mr. Johnson.if there was a recommendation to abolish the Assistant Finance Director's position. He continued that Mr. Johnson indicated to him that he would do that effective October 1. Mr. Johnson responded that the mayor recommended that this position be eliminated and he agreed to that effective October 1 but at the present time he felt that the city needed a man on board. He assured Mayor Kravitz that his interpretation was correct. Mayor Kravitz asked City change of duties from one is an ordinance necessary City's charter. Attorney Henning when there is a department to another department, to achieve this according to the City Attorney Stormes (Henning) assured Council that this proposal could be approved by motion of the City Council; no ordinance or resolution is needed at this time. V/M Massaro stated that even though no resolution or ordinance is needed now,.the Council should retain the jurisdiction of that procedure before any department is created or abolished until the City Manager returns to Council with the appropriate documents. C/M Stein said that he felt it would be appropriate to accept the recommendations of the City Manager, and then, if any legislation is necessary, Council can instruct the City Attorney to bring this to Council at a future date. V/M Kessler (Massaro) MOVED to endorse the recommendations of the City Manager. C/M Christie (Munitz) SECONDED. V/M Massaro added that the City Manager be instructed to bring the appropriate documents after discussion with the City Attorney. Ms.Florence Bochenek, resident, stated for informational purposes that the recommendation to transfer Code Enforcement to the Building Department is certainly a good one but questioned whether it was imperative that these Code Enforce- ment Officers be in uniform. Council replied that they would continue to be required to wear uniforms. -7- 6/12/SS /vdw Bob Curcio, Chairman of the Parks and Recreation Committee, addressed questions to City Manager Johnson. Mr. Curcio asked him his definition of parks as it stands with the City of Tamarac, said that Mr. Johnson mentioned that he wanted to transfer three (3) employees and Mr. Curcio questioned the duties of the remaining employees. He also asked what parks Mr. Johnson planned to have Parks and Recreation maintain. He asked what would be the duties of the remaining people: would it be for the maintenance and preparation of the fields, the grass cutting at the fields, and the beautification and future development of the parks or would that be transferred to Public Works. Mr. Johnson replied that the maintenance of the park and the beautification would come under their jurisdiction but as far as future development that will be addressed at the time it is proposed. He said if Council desires to have plans processed and bidded, they will not be done inhouse. Mr. Johnson stated that he did not think the City had the staff to do that type work inhouse. Mr. Curcio countered that from time to time there are renovations that are done at the park. Mr. Johnson asserted that they will be done, as they presently are, by Public Works. Mr. Curcio continued that there are some reno- vations such as maintenance or changes in the batting cages, installation of seats and little things like that that at the present have been taken care of by Parks and Recreation and he said that he would like to see that continued through that department. Mr. Johnson advised Mayor Kravitz that this dis- cussion was geared to daily administration of the department. V/M Massaro agreed. - _ Mr. Johnson advised Mayor Kravitz that this discussion was geared to daily administration of the department. He thought he had resolved the situation as far as what their responsi- bilities are but as far as who isgoing to do what Mr. Johnson asserted that if a situation arises whereby he needs to move somebody to do some work,he will move them because it is his responsibility to see that the city is run properly. He reiterated that he could not respond to Mr. Curcio's questions at the present time because it is something that has to be determined during the daily operations of that department. He said he had already informed the director of this and that no department will be shortchanged. Mr. Johnson avowed that he is a very strong supporter of recreation and he feels that it is a very important part of the community. Mr. Curcio stated that having been personally involved in ongoing sports activities within the city for the last 9 -- 10 years and having been a resident for 12 years that at one time the maintenance of the fields was under Public Works and their work was unsatisfactory. The Parks and Recreation Committee, continued Mr. Curcio, urges Council not to allow any changes in the Parks and Recreation Department as it stands now. V/M Massaro stipulated that there is no point in discussing what happened years ago because the circumstances were different (i.e., different City Manager, different Public Works Director, etc.). She supported that the City Manager has to work out the details and she felt that everybody would be happy with them. Mollie'Goldstein,Parks and Recreation Committee, informed Mr. Johnson that she realized the responsibility of his position and that he is trying to do his best but felt he was overlooking comments made by people who came forward on their own saying how beautiful the city looks since Parks and 6/12/85 /vdw Recreation too'c it over. She said, beside herself, many, many people, citywide, have seen the change. She reasoned that the City Manager had not been in the City when Public Works was doing thc> work to realize the difference, and said, therefore, he should accept these comments and feel proud and not make changes. Muriel Davis, resident of Mainlands I and II, concurred with the previous statements of Mr. Curcio and Ms. Goldstein. She informed that she is a former member of the Recreation Committee and knew the difference between Public Works and Parks and Recreation. Ms. Davis said that as a resident she noticed a vast improvement in the grassland area along Commercial Boulevard since Parks and Recreation took it over. She also noted improvement in the median strips within her community. _ Louis Solomon, Parks Commissioner, reported that he has surveyed 12 cities wihin the city's population range. He inquired about -heir :structure as to whether they have a Parks and Recreation or d(!pe-rtmE:nts combined with Parks performing main--ena.zce or if they have another department performing similar duties. He referenced the cities surveyed as Fort Walton, New Snyrna, Port St. Lucie, Fort Meyers, Palm Bay, Sanford, Ocala, Plargate, Altamonte Springs, Wilton Manors, Cape Co.raL, and Boy,.iton Beach; he said out of the 12 surveyed ten (10) cities have combined Parks and Recreation Department within the Parks Division performing field maintenance, main- tenance of city med'_ans ar:d swales. He said unlike Tamarac7 who employs a parks maintenance crew of seven and one park superintendent, these other cities have anywhere from 12 to 33 personnel pe--forning park maintenance duties. One city reported that they Have a private vendor performing parks maintenance and noted that the vendor is frequently called to redo the service. r.gair. Mr. Solomon continued that four cities began as rec•eE.tiori departments only and, at this time, these four cities have found it necessary to add parks combining it into parks and recreation. He cited reasons behind the cities' decisions to add parks to recreation: 1. Priorities established did not give field maintenance/recreational activities their rightful due; it seems that Public. Works scheduling came first. 2. Public Works would pull off personnel performing park-relE.tEd duties to skip over to Public Works assignments. 3. Having Public Wor'�s special recreational events make it c.iffi.cu.lt for recreation personnel to schedule events. 4. One city reports _-hat they saw too many prob- lems in having Public Works ',zandle parks maintenance since they have no concern for the events taking place in the parks. 5. Cne city has ,a horticulturist on their parks staff and they Even take care of cemeteries along parks main- tenance. 6. All cf the ci--ies that began without a park and recreation combined department later found it necessary to add a parks division .say 'hat since they have combined both divisions into one department, they have had no prob- lems other than the age-ol,d problem of lack of funds. Commissioner Solomon urged Counc'_l to consider the research and information he present-2d and asked that the City keep Parks and Recreation because they have a strong program. Mr. Johnson expressed apprec�_ation for Mr. Solomon's comments but said that he wanted to clarify again that he is not pro- posing to take the parks out of Parks and Recreation only the mowing of the medians will be transferred to Public Works. -y 6/12/85 /vdw Mr. Murray Weiner endorsed the Parks and Recreation Department continue to maintain the parks and medians. VOTE: ALL VOTED AYE Mayor Kravitz stated that before Council continued with the agenda that he would like to express thanks to Ms. Rancati, principal of Tamarac Elementary School, for her efforts. He asked the faculty to stand and he thanked them for their efforts in conducting this function with the city. V/M Kessler (Massaro) also expressed their appreciation of the faculty and their support. 10. Tract 27 - Soccer. Field - Discussion and possible action on report of the ParkCommissioner Louis Solomon. SYNOPSIS OF ACTION: TABLED for research as to lega ramifications of installing lights on Tract 27. b) Sun Soccer Team - PROHIBITED the team from using Tract 27 until they provide the City with: 1. Proof of Insurance 2. Hold Harmless Agreement 3. Payment of the $500 fee (first half due now and second half due in August). Agendized by consent. Parks Commissioner Louis Solomon said the object of his discussion is Tract 27 (9901 N.W. 77th Street) at which there is a need for lights. He said he has met with eight (8) Tamarac sports league presidents (many of whom are present today) and discerned that due to a lack of lights at Tract 27 these groups have had to meet at Tamarac Park with three or four groups utilizing the facility at the same time. He argued that installation of lights at Tract 27 would enable the leagues to utilize the area for evening practice and games. He estimated that the cost for light installation at Tract 27 would be between $70,000 and $80,000; this money would come from the Parks and Recreation Fund. Mr. Solomon said the bid package is prepared and is ready for presentation to vendors for quotes. He asked Council, as Parks Com- missioner, to get the bid packets out so that bids can be received and lights can be installed. V/M Massaro recognized the need for lights at Tract 27 but stated that there may be a problem in his request because this issue has been presented as a referendum; therefore, she suggested additional research as to the legal ramifications for doing this. She also asked him, in reference to Tract 27, what has happened to the soccer team that is playing there and have they paid their fee for the use of Tract 27. Commissioner Solomon said, according to his understanding, they have not paid the fee yet. V/M Massaro addressed Council that to replace these fields would cost in the neighborhood of $150,000. She remarked that people are always commenting on the city's fine fields but asked Council if they wanted them destroyed by someone who has not kept their word. She asked if the City had been provided the Hold Harmless Agreement from the soccer team. Mr. Henning said that the paperwork was prepared by his office and acknowledged a request made by the soccer team to pay the $500 at the end of the season in August. He said that he advised them that that was unacceptable -10- 6/12/85 /vdw and they are to bring in half of the money now and the other half by July 1 (the document has been prepared and the holdup is the clarification of the dollars). Mr. Henning advised Council to realize that the $500 is not adequate rent or cost of replacement for these fields but it was a good--faitf. offer to assist the program. He said if Council feels that they do not want to have the sponsorship nor the involvement of a special soccer league practicing on tt,e city fields then they should reverse the action that: Council too_. at the last meeting. Mr. Henning said the soccer team indicated that the pro- fessional players are 1_ess severe on the field than the amateurs and for that reE.son they felt that they would not be harming the fie=_d. HE. remarked that there is a provision allowing for inspection upon expiration of the season, and if the--e is E.ny c'.amage, the soccer team would repair it. He reit:erat:ec. thE.t the real question is whether the City wants U) be involved with a professional soccer league and not whether cr not $500 will repair the fields. V/M Massaro asserted that: Mr. Henning did not answer tier question: Does the City have in its possession a Hold Harmless Agreement and is it insuch form that it is worth something? is it backed up with an insurance policy? Mr. Henning responded that a request was made for $1 million insurance and a Hold Harmless Agreement. V/M Massaro asked asked if he had it. Mr. Henning said that it has not been signed yet because they have not presented the money. He asked-'. Council for direction as to whether they want to accept the $250 this week and. $250 July 1st; if Council indicated acceptance, the agreement will be executed within a few days. He said if they don't feel that they want to be involved with a professional soccer league then he would suggest that they reverse the action taken at the last meet- ing. V/M Massaro said it was not the case of a professional soc- cer league but addressE:d her concer_z to Council that this is an international, professional team and they do not live here (resides in vE,-riot,,.s countries). She continued that they are recognizec� international professionals who are playing on their fields and questioned what if one of the players were hurt: Where is the city's liability. V/M Massaro questioned whether the city wants to be in this position, and she opined that s'-ie did not think that the city does. Mayor Kravitz stated tt..at the City Attorney was to file the Hold Harmless Agreement. V/M Massaro said they c.o not have the policy. Mayor Kravitz replied thE.t tY.ey can gat i_. V/M Massaro stressed that the Hold Harmless Agreement is useless without a policy. Mr. Henning said tfat r.e indicated the agreeement including insurance. V/M Massarc continued that, furthermore, the money has not been paic. and she understood, in the beginning, that the $500 check was there. She reasoned that the amount was not great but she figured t'-iat it would help to repair what they do and sr.e said that they are agreeing to repair at the end; she caLtior.ed that Council will not see them at the end because thE.y will be lo-Zg gone. V/M Massaro asked Council to consider that this team stop playing on the field until these things are accomplished: that the city has a policy, the money and the Hold Harmless Agreement. �1 6/12/S5 /vdw Mayor Kravitz said he thought that the City Attorney was in- structed at the last meeting to obtain this information be- fore the team was allowed to play. V/M Massaro stipulated that it is now two weeks later and Council does not have it. V/M Massaro said she would make a motion that they cease playing on this field until they do everything. Mayor Fro �_tz said that before he accepts any motions he '.'_:.:. to hear from the public. C/M Gott.A�man asked Mr. Henning if they have already started using tht, . r. .jenninb sa u tl,e confusion and the problem was that they were using the field before they came to Council. C/M Gottesman said that unless they supply Council with all the paperwork, they should not be allowed to use the field. V/M Massaro said they were given permission by our Parks & Recreation Director before they ever got permission from Council. Commissioner Louis Solomon approached Council stating that his issue is not the $500 because they do not need the soccer team; he said his issue is the lights so that the children can play at night. V/M Massaro addressed Commissioner Solomon and reiterated her indication that she was in favor of lights but Council must first research the legalities. She said she wanted to be sure that what Council is doing is correct. Mr. Bob Curcio reported that prior to last March's elections the Parks & Recreation Board discussed future recreation development of various parts of the city. Mr. Curcio ac- knowledged a great deal of discussion on improvements needed at the four parks. He said Tract 27 was progressing even though proposed improvements were placed on a referendum against the wishes of the Parks & Recreation Committee which was soundly voted down by the voters. He noted that prior to the referendum Council had approved authorization to go out for bids on the lighting package for Tract 27. Mr. Curcio quoted from the Cody & Associates Management Study to make the point that he did not believe the administration placed the recreation activities in its rightful place, having the support of the community. BerniE'.Hart, resident, corleurred with V/M Massaro in refer,e.nce to the proposed capital expenditure #10 which was defeated overwhelmingly by the voters. He said that he thought it was quite unfair of Mr. Curcio to infer that the voters of the city did not know what they were doing and that the Parks and Recreation Committee decided that it should not go to the voters. He also felt it was unfair of the Parks and Recreation Committee to assume the City Manager was not cognizant of all the facts because he felt that Mr. Johnson was doing an excellent job and was aware of the facts. Mr. Hart asserted that if they were to say that not enough people of the city voted he would certainly agree. The idea is to get more people to vote but not to blame those who did vote and voiced their opinion. tt-I C/M Gottesman MOVED to send out bid packets. V/M Massaro MOVED to TABLE for further research from the legal department. SECONDED by C/M Stein. -12- 6/12/85 /vdw VOTE: C/M Led'-ord/Stein Aye C/M Christie/Gottesman Nay C/M Edwards/Munitz Aye V/M Kessler/Massaro Aye Mayor Abbas/Kravitz Nay V/M Massaro redirected ate.-ention, again, to Tract 27 which has to do with the international soccer team that is playing there. V/M Massaro MOVED that they be immediately restricted from playing on Tract 27 until they take care of the insurance policy, the Hold Harmless Agreement and the monies that they are supposed to pay. She said that Mr. Henning indicated that they wanted to halve the payments: $250 now or when they resume playing or before and $250 July 1 and that this be included in the motion. Mayor Kravitz stated that the city attorney was in- structed at the last meeting to obtain those documents. V/M Massaro said that her motion is to stop them from playing. Motion SECONDED by C/M Stein. Mr. Henning stated that this item had to be placed on the agenda before formal action could be taken. V/M Massaro said she would hold her motion in abeyance and MOVED that the item referring to the soccer field be agendized by consent. SECONDED by C/M Christie/Gottesman. VOTE: ALL VOTED AYE Tape V/M Kessler/Massaro MOVED the same motion to stop the Sun 3 Soccer Team from using Tract 27 field. SECONDED by C/M Ledford/Stein. VOTE: ALL VOTED AYE Mayor Kravitz thanked the elected student officials for their assistance; the students left the dais to return to school. 20. Child Care Facilities - Temp. Ord. #1204 - Discussion and possible action SYNOPSIS OF ACTION: APPROVED on first reading Mr. Henning read Temp. Ord. #1204 by title. He said that it was brought to his attention by the Board of Adjustment on an ongoing variance request by Nancy Heikkinen for a child-care center south of McNab Road and 70th Avenue. Mr. Henning stipulated that this or- dinance is correcting the cross referencing of Chapter 12-A of the City Code and referencing the amended County Code. V/M Massaro acknowledged that this is an important ordinance and urged Council to pass it immediately. V/M Massaro MOVED adoption of Tem . Ord. #1204 on first reading. SECONDED by C/M Stein. VOTE: C[A ST.IN AYE C /:.4 mui r:,Z AYE C/M GOTTF,SMAN ABSENT FROM DAIS V/14 MASSARO AYE MAYOR KRAVITZ AYE -13- 6/12/85 /vdw 14. Ambulance Service - Report - Discussion and possible action. SYNOPSIS OF ACTION: AUTHORIZED the City Attorney to Tile Notice of Appeal enlisting no outside attorneys and to report back to Council before any action is taken. Mr. Henning reported that at the public hearing before the Broward County Commission on May 16, 1985 the Commission adopted staff's recommendation to deny a permit for ambulance service to Tamarac. He said that technically the door is open for the city to start over and reapply. However, he cautioned that before the city can reapply the Commission will have to create the committee before whi'cl the City. would have to appear The City Attorney said Council has 30 days in which to indicate whether or not they intend to appeal the action in Circuit Court (deadline for filing appeal is June 17). Mr. Henning stated that he presented a letter to the Commission during his oral presentation indicating ter. (10) areas of dispute. He advised Council that they did have an appellate remedy available to them if they wish to pursue further action but that he would need Council's authorization so that he can indicate their decision to the Commission. He remarked that there are several points worthy of consideration. Mr. Henning acknowledged that the Commission did inform receipt of Mayor Kravitz's letter. Mayor Kravitz said he wanted to stipulate for the record that he is not contemplating asking Council to sell the ambulances and that he is strongly in favor of the city getting its own ambulance service. V/M Massaro said inreference to Mr. Henning's question that she would like to wait and pursue the issue further. She said she would like to see the outcome of Pembroke Pines' hearing before the Commission. �c Mr. Henning said the Pembroke Park' 41' hearing is on ..Tune 20 at 10 a.m.. He explained that the 20th is more than 30 days from May 16 and all he needs to do is file a Notice of Appeal, which is a single document, to ensure the city's ability to appeal; the city would then have approximately 70 days from filing to submit the paperwork. He said Council could wait three or four days to see what happens with Pembroke Park and if they want to join the city in the suit that could be determined on the 20th. Mr. Henning advised that this suit would require allocation of $2000 to $3000 for lawyers' times, transcripts, photocopies, etc. He said there is an obvious ability co negotiate a settle- ment anywhere along the way but he indicated that if Council did file an appeal it would be submitted in good faith based upon the merits and not merety as a settlement suggestion. During discussion Pembroke Park and Pembroke Pines were inter- changed. -14- 6/12/85 /vdw Mayor Kravitz noted as a point of information if Mr. Henning would be handling -he appeal alone or would he need outside attorneys. Mr. He:nn'_ng -esponded that he would do much of the work himself but may require assistance because of the workload in his of:ice. Mayor Kravitz asked if he felt that the outside attorneys' fees would run $10,000. Mr. Henning said that he would guess a maximum of $10,000 but $2000 or $3000 should be sufficient. Mayor Kravitz as?:ed �,Ir. 'kenning, in his judgment at this time, if Council were to pursue an appeal what chance has Council got of winning in Court. Mr. Henning said that very few lawyers would give a rundown on the percentages of winning but he emohasized that the ten (10) items of concern outlined in 1is presentation to the Broward County Commission had merit. H,a said that of those ten even the County Commission themselves felt very concerned with the issue that the City of Tamarac had to pay over $70,000 for the ambulances before they would even address the city's concern; that raises a question as to whether this request is a valid part of t'�e ordi_nance and whether or not the city should be entitled to be' -ter consideration. He cited the method of voting as anot'ier area of concern because he in- dicated to the County Co:.nm-'_ssion that he felt the committee was in violation of the :'71orida Statute in voting on the recommendations. He said there was an item in the ordinance where they sent Council 'o a review committee that handles violations of permitted services (e.g., late runs by ambulances, etc.) stipulating that this was not the committee that handles new applications and it is the ciCy's position that they were sent to the wrong committee. Mr. Henning said that of the ten issues at least half of them desire to be resolved. C/M Stein remarked that if he had to vote right now he would agree with Mayor Kravitz in not going on if it does not appear the City 'Aas a chance. C/M Stein said that all the City Attorney is t-.ying to do is file a Notice of Appeal the cost of w:Iiicii is minimal and that once lie does that Council can wait and see what happens with Pembroke and then they can come back and decide if they wish to pursue it. Mr. Henning elaborated that the Pembroke Park situation is different in that they have been operating an ambulance for several years. -le seated that Pembroke Park applied for renewal of their pernit and was given a temporary or probationary permit; they are due for full renewal con- sideration on June 2) so they have their foot in the door because they have be n doing it all along. He agreed that the city should be interested in the outcome of their hearing. Mayor Kravitz redirected d_scussion to his question and asked Mr. Henning if Cou-.ic'_1 files the first part would it require fees. Mr. Henn _ng responded that the only fees required would be filing fees for the Notice of Appeal but no legal fees. Mayor Kr,av=_tz as'..ed ?.r. Henning if he de- cided that he needed add-t�_onal outside attorneys he would come back to Council before action is taken; Mr. Henning agreed. C/M Gottesman inquired if Mr. Henning thought that the filing of the appeal would put pressure on the Commission to pass Pembroke Pines or what effect it might have. Mr. Henning answered that he could not imagine what effect it might have acknowled-ing that the time for pressure was before they voted. Mayor Kravitz said he was concerned that the reverse would be true in that the Commission would think that Council was threatening them with a lawsuit and vow not to c000perate at all. C/M Johnson remarked that as an outside observer present at the meeting the attitude of the Commissioners with the exception of one is that they would not give the City the permit. -15- 6/12/85 /vdw • C/M Stein MOVED to authorize the City Attorney to file a Notice of Appeal on behalf of the City of Tamarac appealing the action of the Broward County Commission and conditioned that the City Attorney enlist no outside attorneys and report back to Council before any action is taken. C/M Munitz SECONDED. VOTE: ALL VOTED AYE 29. IslandClub Apartments_ - Temp. Reso. ##3583 - Discussion and possible action on a request for temporary waiver of the platting requirements in order to install a temporary fence around the construction compound (tabled from 5/8/85). SYNOPSIS OF ACTION: TABLED to next regular meeting on 6/26/85 for review of revised site plan. V/M Massaro said that she saw Mr. Workman in the audience and inquired why he was present and she said that he in- formed her that someone called him and asked him to be present. V/M Massaro said, however, that this item can not be heard until they come in with a revised site plan. She said Mr. Workman advised that he had the revised site plan but she informed him that it had to go before staff and Council. She MOVED that this item be TABLED to the next regular meeting. SECONDED by C/M Munitz. VOTE: ALL VOTED AYE 30. Financial Center at Woodmont - Discussion and possible action on: a) Concept site plan b) Stipulation No. 19 SYNOPSIS OF ACTION: TABLED to the next regular meeting on 6/26/85. Additional research was needed as the City Attorney's stipulation is different from Barry Eden's stipulation. Dick Rubin, Consultant Planner, reported that the applicant, Barry Eden, had met with the Planning Commission and staff regarding development of parts of land on McNab Road between University Drive and Pine Island Road. He stipulated that this land is located in Land Sections 4, ''i and 6. Mr. Rubin referenced Council's policy that any land up for development must come in under a separate stipulation. He noted recdi—p-T :c Mr. Eden's stipulation as well as a stipulation prepared by the City Attorney. -16- 6/12/85 /vdw `F7 `...� 1 Mr. Rubin said the concept site plan generally complies with city standards and the Planning Commission is in agreement and recommends that Council enter into a stipulation. He said that staff also recommended that this is the proper route to go and request that Council discuss the stipulation. If Council is agreeable, then Mr. Eden will agree to submit a site plan in accordance with city ordinances for further processing. Mr. Rubin pointed out that the present zoning for that property is B-6 but that the development of the property shown on their site plan contemplates a B-1 zoning which is very similar to the Randall stipulation approved by Council several months ago. He said that he was asking Council to review the stip- ulation and if it's consistent with their wishes, then recommendation would be made to enter into proper stipulation to allow the_developer to submit the rezoninf;_ of B--1 and submit the site plan process under the city code. V/M Massaro expressed that she would be happier if they were allowed a little more time to study this and suggested that it be brought up again at the recessed meeting on Friday or the next regular meeting. She stipulated that she is in general agreement that what Mr. Eden is asking is acceptable but that this is too big a project to determine now. V/M Massaro MOVED to TABLE this item until the next regular meeting. She asked Mr. Eden if this would be acceptable to him and he indicated that it would. SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE 33. AMBASSADOR SAVINGS & LOAN ASSOCIATION - REVISED SITE PLAN - TEMP. RESO. #3658 - Discussion and possible action to approve a revised site plan to reflect the addition of a flagpole, add one loading zone and revise the landscaping. SYNOPSIS OF ACTION: APPROVED with changes (See page 20) Mr. Henning read Temp. Reso...#3658 by title. Mayor Kravitz noted.for the record that in accordance with advice received from the City Attorney that there will be no problems or conflict of interest in his voting and that he will. do so accordingly. -17- 6/12/85 /vdw Mr. Rubin noted that drawings have been provided showing the three minor changes He explained that at the southeast corner of the building at 20-foot high flagpole is being proposed. Upon reviewing the plan, Mr. Rubin said that staff noted a loading zone needed to be added whereby they found the location for a 12' by 20' loading zone,.in the northeast corner of the building. Mr. Rubin said the third requested change is relocation of four trees originally requested by his department (to be placed in the median) for placement in the swale adjacentto the property. Mr. Rubin said this change is needed because the median is being redesigned by Broward County in order to widen the C/M Stein MOVED to adopt Temp. Reso. #3658. SECONDED by C/M Munitz. VOTE: ALL VOTED AYE 19. Sale of Alcoholic Beverages - Temp. Ord. ##1203 -- Discussion and possible action to amend Chapter T of --the Code by providing for a special permit to allow extended hours for on -premises consumption. First Reading. SYNOPSIS OF ACTION: APPROVED on first reading providing approval of a special permit 4o allow extended"hours for on -premises consumption. Mr. Henning read Tem•-3. Ord. #1203 by title. The City Attorney acknowledged that he prepared this ordinance at the direction of Council regarding the on -premises consumption of alcoholic beverages in all bars or establishments within the City of Tamarac. He said the hours are being changed for on -premises con- sumption from 8 a.m. to 7 a.m. as the opening time. Mr. Henning corrected a sentence in the last paragraph of his June 4th memo which says, "This ordinance also changes Sunday morni-ig opening from noon to 7 a.m." by stating that the ordinance as written leaves the Sunday sales to begi°:z at noon and for the other six days of the week on -premises consumption would be at 7 a.m. He said the ether part of the ordinance provides for the two particular hol7_days (New Year's Eve and St. Patrick's Day) to have extended hours to a 4 a.m. closing instead of a 2 a.m. clo;3ing upon special permit by the City Council. He clarif_Ied that Mr. Eden would like this ordinance to be applicable to package store sales as well as on -premises consumption. He said that this ordinance does not do that but rat'ler leaves the package store over- the-counter sales at 8 a.m. and on -premises consumption is 7 a.m. C/M Munitz asked if there would be a fee attached to the special permit section. Mr. Henning replied that a fee would be attached and, i_`, upon second reading, Council could pass a resolution establishing the fee. C/M Stein MOVED to adopt Temp._Ord. _#1203 on first reading. 6/12/85 /vdw a V/M Massaro said that she wanted to discuss the Sunday opening time further. She said that she spoke with Chief McIntosh and he felt that Sunday sales should be curtailed for religious reasons. V/M Massaro questioned whether the City is being a little strict because there are religious services held until 5:00 P.M. on Sunday so does it really matter if Sunday hours are extended. She exclaimed that the owner has to make the money to do these things and that he felt that it is important to his _....... business to allow extended hours for Sunday sales. V/M Massaro asked Council to think about it further. Mayor Kravitz pointed out that this was only the first reading and that there was a motion on the floor. C/M Munitz SECONDED. VOTE: ALL VOTED AYE __. V/M.Massaro said that the City Attorne-y could draft another ordinance and that Council would decide which one they would like to keep. Vickie Beech, resident, asked the customary procedure within the State of Florida for packaged liquor as of today. Mr. Henning said that he could research the information but he recalled that there is a required closing of one hour. Mr. Bob Tooke, proprietor of the Oasis Package & Lounge, declared that there was no provision in the State that says you can not open at any time except from 6 a.-m. to 7 a.m. or from 7 a.m. to 8 a.m. that you must close The State statute allows you to open 23 hours a day Sundays included. Mayor Kravitz said the City Attorney will research it further before the second reading. C/M Stein asked if that would affect the supermarkets. Mr. Henning responded that if you go to package stores, it would. V/M Massaro said that it is very important that this not be a general ordinance but rather one that applies to this parti- cular business. She said a general ordinance would open the door to tremendous problems to include the bowling alleys which the City is having problems with already. Mr. Henning said that what she is asking for is a special exception ordinance. V/M Massaro agreed. Mayor Kravitz said that he is certain the City Attorney, before the second reading, will research it and report to 19 Council. -19-- 6/12/85 /vdw Tape 33. AMBASSADOR SAVINGS & LOAN ASSOCIATION - REVISED 4 SITE PLAN - TEMP. RESO. #3658 - Discussion an possible action to approve a revised site plan to reflect the addition of a flagpole, add one loading zone and revise the landscaping. SYNOPSIS OF ACTION: APPROVED relocation of loading zone from NE corner to SW corner. (Sep paces 17 & 18) Rick Anderson, representative of the Ambassador Savings & Loan Association, as!.ed for Council's approval to relocate the loading zone. 6 V17vI Vl ssaro MOVED to reconsider Item .33 for discussion.. SECON77D by C/M Stein. VO : ^ : ALL VOTED AYE Dick Rubin, Planning Consultant, informed Council that the original.. loading zone location.,. as approved, was not.wide enough for a 12-foot zone. He said that the developer had found another location for the loading zone that had not been paved. Mr. Rubin recommended -the change. to Council. He reported that.Ambassador Savings. & Loan would like to move_the loading zone from the__.NnrtbPnqf _ corner of the building (shown on the drawing) to the South- west parking space adjacent to the concrete walkway. V/M Massaro asked if they were swapping a parking space for the loading zone location and would the original cite allocated for the loading zone then become a parking space. Mr. Rubin replied that she was correct. V/M Massaro said if that is the change she saw no problem with it. C/M.Gottesman MOVED to accept the change of the loading zone as part of Temp. Reso. #3658. C/M Munitz SECONDED. VOTE: ALL VOTED AYE 6. CONSENT AGENDA - a) Alan F. Ruf - Consulting City Attorney - 6/5/85 - $2,020.00 - Approval recommended by City Attorney b) Howard, Brawner, Lovett & DePozsgay - Special Counsel - 5/17/85 - $4,575.00 - Approval recommended by City Attorney c) Touche, Ross & Co. - Auditor 5/13/85 - $1,000.00 - Approval recommended by Deputy Finance Director d) CH2M Hill - Consulting Engineers - Approval to pay the rollowing invoices: a) Deep Injection Well - Invoice #04-400 - $2,634.70 b) Sludge Dewatering and Composting - -20- 6/12/85 /vdw Invoice #05-0459 - $8,935.08 c) Deep Injection Well - Invoice #04-458 - $20,841.48 e) Tamarac Utilities East - Request to solicit proposals for repair and replacement of sewage pump stations f) Tamarac Utilities West Office Building - Request approval to purchase asphalt under the County contract from Weekly Asphalt Paving in an amount not to exceed $5,000.00. g) Police Department - Forfeiture Vehicles - Request permission to hold public auction for disposal of vehicles h) Police Department - Request authorization to solicit bids for six (6) vehicles i) Fire Department - Request approval to purchase OSHA approved helmets on Bi-County Joint Bid in the amount of $9,000.00 j) Patio Homes at Fairmont - Request for refund of drainage fees - Approval to remove this item from the agenda. 1) Health Care Self -Insurance Disability pro- visions - Approval to remove this item from the agenda SYNOPSIS OF ACTION: APPROVED Consent Items a through 1). C/M Stein MOVED to approve consent items a) through 1). SECONDED by V/M Massaro. VOTE: ALL VOTED AYE 5. Board of Social Services - Discussion and possible action to remove a member from service on this board. SYNOPSIS OF ACTION: REMOVED Norman Marshal member on Board of Social Services SYNOPSIS Mayor Kravitz acknowledged that Council had received a memorandum from the Chairman of the Board of Social Services which he felt was self-explanatory. Jon Henning stated, for the record, that this item is regarding Mr. Norman Marshak. He said that he had tried, unsuccessfully, on numerous occasions to contact him and this matter with him. V/M Massaro MOVED that Mr. Norman Marshak be removed from the Board of Social Services. SECONDED by C/M Munitz. VOTE: ALL VOTED AYE 4. Golf Feasibility Committee - Temp. Reso. #3650 Discussion and possible action to abolish this committee by repeal of Resolutions 84-180 and 84-393. OF ACTION: APPROVED Temp. Reso. #3650. Mr. Henning read Temp. Reso. #3650 by title. He informed Council that based on the Charter they have tried to establish committees by ordinance but that this particular committee was established by resolution because it was a temporary committee. The committee was established by Resolution 84-180 for a one-year period, and then on 12/112/84 Resolution 84-393 extended the term for an ad- ditional year expiring on 12/31/85. Mr. Henning said that he was requested by Council to prepare this resolution so that the activities of this committee would be closed now. -21- 6/12/85 /vdw Mayor Kravitz informed that at the time this resolution was passed Council was given the privilege of each Council- man appointing one member to this committee and that since this is a new Council and the committee is not functioning there is no need for it and he recommended that it be abolished. He said if the occasion arose whereby they needed this committee it could always be reinstituted. C/M Stein MOVED the adoption of Temp. Reso. #3650. SECONDED by V/M Massaro. VOTE: ALL VOTED AYE 3. Insurance Advisory Committee - Temp. Reso. #3652 Discussion andpossible action to appoint tive members to this committee. SYNOPSIS OF ACTION: APPOINTED Bernard Sims, Phil Gorin and Herbert Lapidus; two vacancies remain. Mr. Henning read Temp. Reso. #3652 by title. C/M Gottesman inquired if there was a policy prohibiting a person.to serve on more than one (1) committee.....Mayor Kravitz replied that.there was no.policy prohibiting it, to his knowledge but deferred the question to the City Attorney. Mr. Henning said that he was under the impression that a person could serve on no more than two committees. Mayor Kravitz recalled that he had seen three applications and they were from Phillip Garin, Bernard Sims and Herbert Lapidus. He said that he had spoken with them and had reviewed their backgrounds and that as far as he could see they were all qualified and would certainly be an asset to the city. Mayor Kravitz recommended to Council that they be appointed leaving two openings for future appoint- ments. V/M Massaro asked the effective date of this committee. He suggested that they use the expiration date of May 11, 1985 that governs all other appointments. V/M Massaro agreed and MOVED the appointment of Bernard Sims, Phil Gorin, and Herbert Lapidus to be members of the Insurance Advisory Committee for a period to terminate May 1.1, 1986. SECONDED by C/M Stein. V/M Massaro expressed concern, that the remaining two vacancies be filled by people who are knowledgeable in this area. C/M Munitz asked if the two remaining openings have to be reannounced or would the previous announcement be sufficient. Mayor Kravitz said the previous announcement would be suffi- cient adding that he would announce now that there are two openings and interested applicants may apply at the City Clerk's Office. VOTE: -22- ALL VOTED AYE 6/12/85 /vdw 21. BuildinE De artment Permit Fees - Temp_. Reso. #3649 - Discussion and possible action on: a) Merits of establishing a permit fee for water heaters b) Adoption of the permit fee schedule as revised SYNOPSIS OF ACTION: APPROVED a an ) as amen ed; DELETED 41d "Fumigation" (Tenting) Mr. Henning read Temp. Reso. #3649 b_ytitle. The City Attorney explained that since Council has pulled the a) item out for special consideration at previous meetings the permit fee for the replacement of an existing water heater is noted in this resolution as a $15 fee. He added that it was $25 but was reduced to $15 and does require an inspection. He said it was listed as separate items because they have been discussed individually and to make Council cognizant of what they are passing. Mr. Henning said that if Council wants a different fee then they can discuss it, otherwise, it will appear in the resolution as $15 Mayor Kravitz stated that this item was discussed at the Northwest Council of Mayors and that all the cities present (8 out of the original 10) adopted a different view on the building permit fees for water heaters. Mayor Kravitz said that the main factor brought out was that everybody concurred that there should be an inspection and the question as to how enforcement would be monitored. He said if the cities send out inspectors there should be a charge to cover that inspection so that the city does not have to absorb the cost of this service. Shirley Blumfield, resident, inquired if she understood correctly that first, if you wish to replace a water heater, you get a permit fee that will cost $15.00. Mr. Henning said if there is an emergency the Code provides that inspections can be made after the fact. Ms. Blumfield wondered if her water heater went out on a Friday would she need a permit before anything could be done. Mr. Henning said for that she would call her plumber and within the next day or two she would have the inspection. She queried when she would have to pay it the water heater replacement fee. V/M Massaro said the fee would be paid upon inspection. Ms. Blumfield speculated that a resident might incur two fees at that time. Council assured her that there would only be one fee. -23- 6/12/85 /vdw Vickie Beech, resident, said that a lot of residents are involved with service contractors and how that would affect the policyholders with these companies asking if it would be a "double dip". Mayor Kravitz said that was the enforcement part. Ms. Beech continued that they would raise their fees to charge residents for the permit and the residents would be getting it from the city. Milt Siegel, Isles of Tamarac, said the cities of Sunrise and Lauderdale Lakes have waived the permit fee. He said that no one objects to getting the permit and the inspection because they think that is a good idea. He suggested to the Council that they favor the residents of Tamarac by waiving the fee. V/M Massaro said that she would like to give the city's position and stated that a water heater is not something that you have to replace frequently. V/M Massaro admonished that when the citizens talk about the City of Sunrise they fail to mention that Sunrise has a 7% utility tax and can afford to do the inspections for nothing. She said that this inspection is no different than any other inspection required by the city. These are not voluntary inspections but they are now legally required to perform them. V/M Massaro said that the city could not provide these .services free of charge. She said that a resident would be required to pay this fee infrequently and that the only fair ,�.ay to handle it is that the resi- dent pays as the service is needed. t C/M Munitz queried if anyone had any idea how much money is involved. V/M Massaro said not at this point but countered by asking C/M Munitz if he knew how many other inspections the city has in a year the point being that all inspections have to be paid for. 11 C/M Gottesman responded to the question raised about service contractors and added they do not always send out a licensed plumber but a worker most of the time thus advising that what they install nay or may not be done properly. He said the fact remains that many manufacturers of water heaters informed him that they will not warranty a re- placement unless it has been inspected by the proper city inspector 'herefore, it is necessary to get an inspection so that the inspector can affix a sticker thereby insuring the warranty agreement. Jim Godin stated that he felt they were losing sight of the fact that there are a lot of hot water heaters holding 30 to 40 gallons and that in order to install one connection must be broken on two pipes and plug an electric plug and the job is completed. He said he could understand a fee for an 80 to 90 gallon capacity tank but on the smaller versions an average handyman could take care of it. He said that for insurance purposes the water heater itself is not insured but only the element. Mayor Kravitz acknowledged that a big problem of enforce- -24- 6/12/85 /vdw u L ment will be with the so called "do-it-yourselfers". He said they may not even ask for an inspection but reiterated that he would not get into the facet of enforcement now. C/M Stein said that he would like to MOVE the adoption. Mr. Henning said there was one additional recommendation of the Building Department (page 10) item 41d Fumigation (Tenting) $75 and that Mr. Jahn's recommendation is - for deletion of that item. Mr. Robert Jahn, Chief Building Official, acknowledged that it was his recommendation to delete 41d because Bill ##555 or 556 says the charge of fees must be based on an inspection or a legiLiuidLe charge. 1111e explained that on fumigation of tents there is no inspection that the city can perform. V/M Massaro said if there is no work there should be no charge. Mayor Kravitz said the City Attorney is asking for deletion of 41d. C/M Stein MOVED the adoption of Temp. Reso. ##3649 eliminating Item 41d. V/M Massaro SECONDED. C/M Munitz expressed that.the County has discussed and rediscussed this matter and that he attended several hearings on it whereby several members of the Advisory Committee were there by a conflict -of -interest basis. He said that he felt the County was wrong and he did not see why the city should follow in their footsteps compounding an error that they made. C/M Munitz said that he is opposed to a fee for the inspection of water heater replacement and therefore, he said he must vote "Nay". VOTE: C/M STEIN AYE C/M MUNITZ NAY C/M GOTTESMAN AYE V/M MASSARO AYE MAYOR KRAVITZ AYE Mayor Kravitz called a recess until 1:30 P.M. 6/12/85 /vdw Tape 5 Mayor Kravitz called the meeting to order at 1:30 P.M. and all were present. GENERAL ADMINISTRATIVE/FINANCIAL 51. NorthwestForcC Mai Pump Station Grant - Temp,_ Res_o, 13659. - Discussion and possible action. SYNOPSIS OF ACTIN: Agendized by Consent on Page -Z APPROVED. RESOLUTION NO. R-85-190 PASSED. Mr. Henning read TTemp,Reso. #3659 by title. V/M Massaro said Tony Nolan of Williams, Hatfield & Stoner made a presentation on this item at the 6/6/85 Special Council Meeting and there was some assurance that the City would be receiving this grant. V/M Massaro MOVED APPROVAL of Temp,_ Reso._#3659, SECONDED by C/M Stein. ALL VOTED AYE 52. Morg_41Lg__Lewis & Bockius, Specia1CQp,Dse1 nyoicp. - Dis- cussion and possible action on: a) Authorization to increase fees b) Payment of fees SYNOPSIS OF ACTION: Agendized by Consent on Page .2— TABLED for further discussion between the City Attorney and their representatives. Mr. Henning said this concerns the latest invoice from Morgan, Lewis & Bockius and the original statement paid for April ser- vices was $17,025.63. He said the latest invoice is $31,546.91, which is the one before Council for approval today. He said the authorization to this point has been for $35,000.00 total and, of that amount, the invoice for $17,025.63 was paid and the remain ing authorization is for $17,974.37. C/M Munitz asked if the additional authorization for $25,000 to $30000 requested by the City Attorney for Morgan, Lewis & Bockius, was over and above the $35,000 that was already author- ized. Mr. Henning said yes, this bill is almost $18,000 over the authorization that was already given. V/M Massaro asked who is determining if the amounts being paid are appropriate and Mr. Henning said it is a question of how detailed their billing is. V/M Massaro said they were supposed to meet with each Council person individually and to date they have not and she was not comfortable with this. C/M Stein MOVED to TABLE this item for further discussion between the City Attorney and Morgan, Lewis & Bockius, SECONDED by V/M Massaro. 53. Turnpike Crossing - Discussion and possible action. Agendized by Consent on Page The City Manager was authorized to go to bid on Projects 85-4, 85-9 and 85-18. City Manager Johnson said these are projects that have been authorized by Council and staff needs permission to proceed with advertisements for bid on these projects. He said time is important since the turnpike widening project is proceeding. 26 ...... _...... 6/12/ 8 5 /pm V/M Massaro MOVED to authorize the City Manager to go to bid on Projects 85-4, 85--9 and 85-18, SECONDED by C/M Munitz. 54. Richard Rubin, Consu,ll;AD,t City,-.Planner_'s Invoice - Dis- cussion and possible action. SYNOPSIS OFACTION: Agendized by Consent on Page 3 APPROVED payment in the amount of $3,706.25. V/M Massaro referred to the Chief Building Official's memo to the City Manager, which stated, "I have received Richard Rubin's monthly billing. Please note the 7 hours on the Municipal Com- plex." She asked if that has any significance and City Manager Johnson said it is just a notice that part of Mr. Rubin's time has been involved with reviewing the Municipal Complex with C/M Gottesman. V/M Massaro MOVED APPROVAL of the payment to Richard Rubin, SECONDED by C/M Gottesman. 55. Wire Transfer of Funds - Tgmp. Reso.#3651 _ Discussion and possible action. h9YYNQFSIS QF ACTION: Agendized by Consent on Page TABLED to the Reconvened Meeting on 6/14/85. Mr. Henning read Temp.-fesQ. #3651 by title. Mr. Henning said Mayor Kravitz asked him to submit a Resolution that had more than one signature for tighter internal controls and, in Chapter 9-1 of the City Code, investments are delegated to the City Manager. He said he thought it would be appropriate to have the City Manager sign off along with the Finance Director or his designee. He said there was a Special Meeting of the Investment Committee and they are suggesting that all investments be by action of the City Council. He said if Council wants to follow that recommendation, Council should address whether Sec- tion 9-1 should be changed to stop delegating matters to the City Manager. V/M Massaro said she does not agree that Council should have to act on this because either the investments have to be held, causing a loss of money to the City or special meetings will have to be called whenever an investment is considered. She said in addition to the City Manager and the Finance Director, or his designee, the Mayor should be added. Mr. Henning said there are "non -check" transactions and, during those instances, a special form would be created to be signed off and routed for Council's consideration within two working days after execution. C/M Munitz said it is general procedure of internal control in the accounting profession that those authorized to sign checks are generally the ones whose authorization is necessary for wire transfers. V/M Massaro said she would like to add that this would not only be for wire transfers but also checks. City Manager Johnson said that is covered under this. 27 6/12/85 /pm Mr. Henning suggested that Council TABLE this item to the Reconvened Meeting on 6/14/85 and V/M Massaro so MOVED. SECONDED by C/M Stein. 56. Independent Audit of Finance Department -- Discussion and possible action. SYNOPSIS_ OF_ ACTION: Agendized by Consent on Page-3 TABLED to the 6/26/85 Council Meeting. City Manager Johnson said he was sent a request by the Charter Board that the City Charter required an independent audit of the Finance Department and it is not required. He said an audit of the department, including an internal audit and a cash count, is required whenever a department head leaves the City and this was done. He said Mr. Haber, Chairman of the Charter Board, said that the Charter Board did want an independent audit and he is, therefore, bringing this before Council. He said if Council wishes an independent audit, he will have to be so authorized with the necessary funds appropriated. City Manager Johnson said the regular audit is due in September and an independent audit could cost several thousand dollars. Zeke Feldman, Charter Board member, said Section 5.04 (h) of the Charter requires that an audit be given immediately and, since Mr. Wood, previous Finance Director, was dismissed, an audit has not been received. He said the Charter Board felt an independent audit should be made at no additional cost. V/M Massaro said the auditors are paid for everything they do in the City and this would not be done without charge. V/M Massaro asked who did the audit and City Manager Johnson said it was done by the staff and was verified by him. C/M Stein said the auditors will be in City Hall in July and if there are any violations they will be found. V/M Massaro asked Mr. Henning if the City's internal audit would cover this and he said the audit City Manager Johnson is referring to would comply with the Charter. V/M Massaro said the auditors should produce something to verify that they have made an audit and, in July, this should be reverified by the auditors. C/M Stein MOVED to TABLE this item to the 6/26/85 Council meeting for receipt of the audit from the City Manager, SECONDED by V/M Massaro. VOTE:• AYE C/M Munitz said he understands that an auditor has not been appointed for the 9/30/85 audit and City Manager Johnson said the Committment Letter was for a 3-year period. Mr. Henning said when the City went out for proposals, it was for a yearly con- tract and the auditors were hired on a yearly contract. He said when they sent their Committment Letter in, they gratuitously threw in a second and third year price if the City chose them again. He said he feels if the City wanted to accept that, that could be done without additional bidding or interviewing. C/M Munitz said the City does not officially have an auditor for the 9/30/85 audit. Mayor Kravitz said it should be decided whether or not the City wants Touche Ross to do the audit for the City and it should be discussed at the next meeting. Jim Godin, Charter Board member, said when Linda Baker left the City there was a report within hours and City Manager Johnson said he will take care of that. 2 8 _... 6/12/85 /pm 23. City Council legislative Aides - Temp. Ord, #1197 - Discussion and possible action to create Section 2-11.3 of the Code to provide for appointment, approval and qualifica- tions of legislative aides to Council members. Second Reading SYNOPSIS OF ACTION: APPROVED ORDINANCE NO. 0-85-29 PASSED. on second and final reading. Public Hearing was held. Mr. Henning read Tgmo. Ord. #1197 by title. V/M Massaro MOVED APPROVAL of Tip. Ord. -t1197 on second and final reading, SECONDED by C/M Gottesman. V/M Massaro noted that Council has the advertisement for all of today's public hearings. Mayor Kravitz opened and closed the public hearing with no re- sponse. ij11� _ 4T 24. ,JgMp. Ord. #1199 - 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). Second Reading. (Due to new site plan for Jasmine Project, this recreation parcel is planned to be relocated). SYNOPSIS OE ACTION: APPROVED ORDINANCE NO. 0--85-30 PASSED. on second and final reading. Public Hearing was held. Mr. Henning read by title. V/M Massaro said this is simply a relocation of the S-1 parcel to another area utilizing it for R-4A and the R--4A project will be recreational. Mayor Kravitz opened and closed the public hearing with no re- sponse. V/M Massaro MOVED APPROVAL of ,Temp. Ord. #1199 on second and final reading, SECONDED by C/M Munitz. ijjN- 25. Temp. Ord_41200 - Discussion and possible action to rezone lands on the north side of NW 70 Street, approximately 280 feet east of NW 88 Avenue, from R-4A (Planned Apartments) to S-1 (Open Space/Recreation). Second Reading. (This is the Recreation Parcel for the proposed Jasmine Project, which is the southern portion of Cypress III). APPROVED ORDINANCE NO. 0-85-31 PASSED. on second and final reading. Public Hearing was held. Mr. Henning read Temp,_ Ord__41240 by title. Mayor Kravitz opened and closed the public hearing with no re- sponse. Fj C 1 29 6/12/85 /pm V/M Massaro MOVED APPROVAL of , SECONDED by C/M Munitz. VOTE: ALL- Y-QTpd]D- AXE COMMUNITY DEVELOPMENT 27. Bruce Egan - Rezoning Petition #27-Z-84 - Temp. Ord. . 11 4E__(revised)_ - Discussion and possible action to rezone lands at the southeast corner of University Drive and NW 64 Street, extending eastward to the western boundary of Vanguard Village and southerly to St. Malachy Church property, from R--3 (Low Density Multiple Dwelling) to B-2 (Planned Business) and S-1 (Open Space/Recreation). This action is pursuant to Court Order. First Reading. SYNOPSIS OF ACTION: APPROVED on first reading.^ Mr. Henning read Temp. Ord. #1148 by title. Mr. Henning said this is first reading and the second reading will be a public hearing. He said this is pursuant to a recent court case which concerned the rezoning a few months ago and was Denied by Council. He said the Court Order was handled by Judge Lee who found for Mr. Egan and ordered the City to grant the rezoning. He said he discussed with the developer the need for drinking water well easements in the S-1 parcel behind the property, since this is part of the City well -field program, and they have been very cooperative. Mr. Henning noted for the record that Mr. Tralins was present at today's meeting and said the City Attorney's office recommends approval. C/M Stein MOVED APPROVAL of T_emP._ Ox ,_ 411.4E on first reading, SECONDED by C/M Gottesman. 26. Jasmine Project (Pulte HQores_ CoFporatiQ 1_ - 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 - d) Temp, _ Rego, _ 43646 Acceptance of an off -site public safety ingress and egress easement -- Temp. Res-._#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. f) Ord. #1201 Petition #2--V--85 - Vacation of certain drainage easements within a portion of Cypress at Woodmont III (Wood- mont Tract 77 and #1202. a portion of Woodmont Tract 68) - g) TCMD. Ord, - Temp. Reso. #3660 Blanket Utility Easement SYNOPSIS -OF -ACTION: RESOLUTION NO. R-85-182 PASSED. a) APPROVED with conditions. RESOLUTION NO. R-85-183 PASSED. 30 6/12/85 /pm dSYMBUS OF ACTION: Cont'd. b), c), d) were APPROVED, e) and f) were APPROVED on first reading, g) Agendized by Consent and APPROVED. RESOLUTION NO. R-85-184 PASSED. RESOLUTION NO. R-85-185 PASSED. a) Mr. Henning read TeM9_._ Reso_._ #3645 by title. Richard Rubin, Consultant City Planner, said this project pro- poses to build 208 townhouse units on the site previously called Cypress III. He said the north part of Cypress III will remain Cypress III but the southern and eastern portion will be called "Jasmine". He said Jasmine is being developed by Pulte Homes Corp., one of the largest builders in the country and the project is located at the northeast corner of NW 70 St. and Pine Island Rd. with a total site area of 18.472 acres. He said the density is 11.26 units per acre and the zoning is R-4A. Tape 6 Mr. Rubin said Council previously approved 216 units for this site and this is a reduction of 8 units below that amount. He said the Planning Commission recommends approval subject to the applicant moving some parking spaces and this was done to the best extent possible. He said staff recommends approval subject to all utility easements and the Water and Sewer Agreement being approved by Council. C/M Gottesman MOVED APPROVAL of Temp. Rego. #3645, SECONDED by C/M Munitz. V/M Massaro asked if it should be in the record that the develop- er is to obtain the Broward County tree permit to remove all trees at the time of building permit. Mr. Rubin said this is in the Resolution. V/M Massaro asked if the beautification has been approved and Mr. Rubin said this project is in Land Sections 4, 5 and 6 and they are not required to submit Landscape Plans. He said they must comply with the minimum standards of two trees 8-feet high and one tree 10-feet high per unit. Mr. Rubin said for the record, the Beautification fee is $8,595.93 which was divided by 30 buildings and each time they obtain a building permit for a building, they will pay $286.53. b) Mr. Henning said he prepared a Water and Sewer Agreement assign- ment which recites the history of the water and sewer service on this development. He said in 1980, it was combined as Tract 68/77, a Cypress III project, and in 1982, the Water and Sewer Agreement was divided in two separate agreements for Tract 68 and Tract 77. He said this developer is assuming the rights and obligations under the 1982 agreement, which is the Tract 77 Water and Sewer Agreement. He said there are 8 units less being dev- eloped, therefore, they are forfeiting the 8 connections and will not have to pay guaranteed revenues to keep up those extra con- nections. Mr. Henning said there are two provisions in the new Water and Sewer Agreement. First, the potable water backflow and the cross -connection control divisions, which are several pages the Engineering Department have asked to be included in the Water and Sewer Agreements. He said they are the identical paragraphs that have come out of the present Water and Sewer Agreement to be included as Exhibit E. 1 C 31 6/12/85 /pm Mr. Henning said, secondly, the present sanctions and penalties for the City to enforce the guaranteed revenues and is verbatim from the present Water and said the connections were already Sewer Agreement, is Exhibit purchased under the F. He earlier agreement, guaranteed revenues will continue to be due monthly and he recommended approval subject to execution. V/M Massaro noted that on Page 1, the 4th "Whereas" clause should be 068/77" instead of "66/77" and Mr. Henning concurred. V/M Massaro MOVED APPROVAL of the assignment of the Water and Sewer Developers Agreement for Jasmine as amended, SECONDED by C/M Munitz. VOTE: ALL_ VOZED-__AyE c) Mr. Henning read Temp. Reso. #,3,646 by title. V/M Massaro MOVED APPROVAL of Temp-_Reso. #3646, accepting an on -- site ingress and egress easement, SECONDED by C/M Munitz. d) Mr. Henning read by title. C/M Stein MOVED APPROVAL of Temp. Rest #3647, accepting an off - site public safety ingress and egress easement, SECONDED by V/M Massaro. VOTE: ALL VOTED AYE e) Mr. Henning read Temp, Ord. 41201 by title. V/M Massaro MOVED APPROVAL of Temp. Ord.W#1201 on first reading, vacating certain utility easements within a portion of Cypress at Woodmont III, SECONDED by C/M Munitz.. f) Mr. Henning read Temp. -Ord. 41202 by title. C/M Gottesman MOVED APPROVAL of Temp., Ord, #1202 on first reading, vacating certain drainage easements within a portion of Cypress at Woodmont III, SECONDED by C/M Stein. g) Mr. Henning read Temp. Reso. #3660 by title. V/M Massaro MOVED APPROVAL of Temp. Reso. #3660, accepting a blanket utility easement, SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE 15. Mitchell„Cgasar - Grants -Consultant -- Discussion and possible action on: a) Report on University Drive b) Payment of May Invoice SYNOPSIS OP ACTION: a) Report was given. 32 6/12/85 /pm SYNOPSIS OF ACTION: Cont'd. b) Agendized by Consent on Page ,21 APPROVED payment in the amount of $1,000.00. a) Mitch Ceasar, Grants Consultant, said University Drive in Tamarac was not part of the County's TRIPS (Traffic Review Impact Plan Systems) Study, however, at the May meeting of the County Com- mission, two parts of University Drive have been designated as "over -loaded". He said those locations are Commerical Blvd., north to 61 Ave. and McNab Rd. north to 78 Ave. He said this designation formally allows the collection of impact fees for any of those designated areas. He said there are less than 30 roadways in the County that have this designation and impact fees are now being collected on these roads. Mr. Ceasar said on 5/22/85, the engineering firm of Knude, Sprecher, Yaskin & Associates was chosen by the County to prepare the design phase. This firm has received a prequalification by the State DOT and he suggested the City designate a City employee to contact and work with this firm. He said he was told that during the process, some individual representing the business community should be included to add input as to road cuts, etc. He said the key now is the funding that the DOT will receive from the 1985 Florida Legislature. He said if the funding is appropriate, the DOT will prepare a budget in which he will try to have input. Mr. Ceasar said within 90 days he will ask the DOT to place the City on their 5-Year Plan. He said presently, the City is vir- tually unable to place a member on the MPO because of the makeup of the MPO, however, the City works with Commissioner Craft, who is a member of the MPO. He said the DOT has given the City a verbal commitment that if the MPO is convinced of the City's needs and is placed on the funding structure, they will proceed with the MPO's recommendations. Mr. Ceasar said Tamarac is competing with several road plans that are in need of expansion as much as University Drive and they will pursue funding for the relocation of the utilities on University Drive. V/M Massaro said she was concerned about the relocation of the utilities because there are PVC's under that road which would cause a problem. She asked if the engineering firm chosen by the County is doing the road design work now and Mr. Ceasar said they have been chosen and are funded but he was unsure whether they are working on this as yet. V/M Massaro asked if there was anything the City could do to help the situation by contacting the Representatives or Senators in Tallahassee and Mr. Ceasar said no, since the Legislature has already determined the budget. He said DOT is now internally finding the shortfalls and where the money will be transferred. He said it is totally beyond the ability of the Legislature at this point. Mr. Ceasar said Tom Gustafson has been helpful to the City and V/M Massaro asked who is responsible for making these decisions in Tallahassee. Mr. Ceasar said one of the most important per- sons would be the Secretary of the DOT. V/M Massaro said the competition will be great with other roadways in the County and Mr. Ceasar said there is nothing that can be done except to continue to work with the County and State. F_j 11, _ 33 6/12/85 /pm C/M Gottesman said if photographs were taken of the traffic congestion each night on University Drive between Commercial Blvd. and Southgate Blvd., this might be helpful. Mr. Ceasar said every road project seeking these funds would have photographs taken and the County is already aware of the overload. b) City Manager Johnson said this is an invoice from a total con- tract which will be ended in June. Mr. Ceasar said for the rest of the year there will be no more bills as per his agreement with the City. He said if he continues into the following year, he will submit his bill the first of each month to be paid at the City's discretion. V/M Massaro MOVED APPROVAL of the May invoice to Mitch Ceasar in the amount of $1,000.00, SECONDED by C/M Gottesman. 16. B_rQwaxd League of Cities Business - Discussion and possible action. SYNOPSIS OF ,TIN: Mayor Kravitz gave a report. Mayor Kravitz said the next dinner meeting will be 6/20/85 at the Orange Brook Country Club in Hollywood and he urged Council members to attend. He said the program will include the Commun- ity Relations Committee from the Broward County Schools, the Year of the Teacher and a program from Bill Clark, Chairman of the Broward County Legislative Delegation, who will review the Brow- ard Day in Tallahassee and his observations of the 1985 Legisla- tive session in general. Mayor Kravitz said the Executive Director's report is on the agenda and the City received the "City Line", the paper of the League which gave the 1985 Legislative wind-up, appointment of committees, action of the Board of Rules and Appeals, Budget Committee, etc. He said copies will be available for any Council member who did not receive one. 17. Northwest Council of Mayors Business -- Discussion and possible action. SYNOPSIS OF ACTION: Mayor Kravitz gave a report. Mayor Kravitz said there was a meeting on 6/10/85 and the main item on the agenda was a Resolution passed a month ago and sent to the League of Cities which asked that the members of the League be changed to include the following votes based on the cities' population: Under 5,000 residents = l vote Between 5,000 and 20,000 = 2 votes 20,000 and 50,000 = 3 votes 50,000 and 75,000 = 4 votes " 75,000 and 100,000 = 5 votes Over 100,000 population = 6 votes Mayor Kravitz said he proposed this because ten of the northwest Broward cities have a total of 31 votes, however, Hollywood and Fort Lauderdale together have more than 31 votes. 6/12/85 /pm Mayor Kravitz said the other Resolution requested a City having something that affects their immediate City have someone on the committee to represent them before the League of Cities. Mayor Kravitz said there was an article in yesterday's newspaper stating that the Northwest Council of Mayors wants the League of Cities to change their voting but the Motion was Tabled. He said they requested him to send a letter to the League of Cities requesting the issue be considered and voted on at its next regular meeting and he sent that letter yesterday. He said they created a subcommittee to review the feasibility of setting up a small -dues structure. He said there will be a meeting on 6/27/85 and he will report on any further action concerning this matter. 9. City Depository - Discussion and possible action regarding Tape 7 the City's sweep (checking) account at NCNB Bank of Florida. Report and recommendations (tabled from 5/22/85) $YNQI!$�S..,_QF., ACTION: TABLED to the 6/26/85 Council Meeting. Mr. Henning said he reviewed the contract with NCNB which indi- cates that it was regarding the bonds sold to purchase this present City Hall. He said the contract was to be for 6 years or until the bonds are paid, which was approximately 8 years ago. He said if the City finds the restrictions of NCNB too restric- tive the bonds could be paid off (which are approximately $325,000). He said he called one of the executives of NCNB to determine if the contract was a problem for them and, if it is a problem for the City, perhaps a mutual agreement could be made to sever the contract. He said that might not solve the problem but it would allow checking into the competitive nature of banking in the community for a depository. Mr. Henning noted that NCNB is very anxious to have the City continue with them as the City's bank for the depository. He said the Charter does indicate that the City must have -a deposi- tory which should be in conformance with the various Statutes. He said they are trying to determine if the sweep account will comply with all the Florida Statutes for repurchase agreements and whether or not the depository Statute, Chapter 280, really applies to the repurchase agreements. Mr. Henning said the core, in the amount of $235,000, is not really in the contract and is negotiable and fluctuates regard- less of the contract. He said it is a non -interest bearing core and the City must determine flexibility and whether or not to review alternative means of acquiring interest in the depository. He said he does not have a particular recommendation for Council at this point. Mr. Henning said the City Manager is concerned with losing inter- est as well as principal since the interest impacts the City's taxes. City Manager Johnson said they discussed the possibility of doing away with the sweep account since going to an interest - bearing account creates real problems. He said it would take an individual to make the transaction with the signatures of the Mayor, Finance Director and City Manager. He said the rate of interest would be between 30% to 45% less than what the City is getting now. He said the problem is finding someone willing to do this since they want collateral for this of 50% with the other 50% covered by the other banks. i 1 _35 6/12/85 /pm V/M Massaro asked the City Manager if banks were contacted to determine what possibilities are available and City Manager Johnson said they are checking into what the banking law allows and a money market account. He said the banking law will not allow this since there can only be so many transactions within a certain period of time. V/M Massaro said a regular checking account does not have a core and City Manager Johnson said most banks require a core for City government because of the check flow. V/M Massaro said banks should be contacted and City Manager Johnson said the problem is trying to handle this in a way that will fall within the guidelines of the Charter, the State Law and the mandate from the Council. He said until this is resolved, he does not know what to ask another bank. Mr. Henning said if the City has an agreement with NCNB to sever the requirement that there is now, or if Council determines to pay off the bonds to be free of the contract, a bid package could be created. V/M Massaro asked how much the City is paying on these bonds and Mr. Henning said 6%. V/M Massaro MOVED to TABLE this item to the 6/26/85 Council meeting, SECONDED by C/M Stein. C/M Gottesman asked how long the City has to pay these bonds and City Manager Johnson said he is uncertain but will check on this. 38. Drainage Improvement Program - Discussion and possible action to authorize James M. Montgomery Consulting Engineers, Inc. to perform a study of flooding in the Boulevards Section. V/M Massaro said she was surprised to hear reports of flooding in the Boulevards Section and it is possible that the flooding occurred in a different section and was reported incorrectly. She said at noon the Engineering Department gave her a copy of the plans that had been created long ago which indicated the various areas where flooding occurs. She said this is not new, happens under severe conditions and should be corrected by the City if possible. However, she said, until there is accurate information as to which areas are in question, she MOVED to TABLE this item with no specific date. SECONDED by C/M Gottesman. 39. Sanitagv S gr Rehabilitation Pro-iect - Discussion and possible action to approve an addendum to an agreement with Williams, Hatfield & Stoner, Inc. pursuant to EPA regulations SYNOPSIS QF ACTION: APPROVED. City Manager Johnson said this is just a formality of paper work. He said the EPA required this addendum, Williams, Hatfield & Stoner was authorized to do the work and he recommended approval. V/M Massaro said the material that is attached and is not crossed out is what must be added to the application. 36 6/12/85 /pm V/M Massaro MOVED APPROVAL of the addendum to the Sanitary Sewer Rehabilitation Project. SECONDED by C/M Stein. 40. - Fresh Water__ g_ T nk. - Discussion and possible action to approve an agreement with Williams, Hatfield & Stoner, Inc. to perform services during construction and inspection and prepare as -built drawings and certification. SYNOPSIS OF ACTION: APPROVED. V/M Massaro said this concerns the fresh water storage tank that will be built on Tract 27 and it would be advisable to have the engineers who designed this do the inspections as well. She asked Mr. Henning if Council has a right to approve a project in the amount of $87,500.00 without going to bid. Mr. Henning said this addendum is coming under the original consulting engineers agreement with Williams, Hatfield & Stoner and it is not necess- ary to go through the entire competitive bidding process again. V/M Massaro said she would be skeptical of bringing someone new in on a project that was designed by someone else. City Manager Johnson said this is standard to do this, and is usually a separate part of an agreement and Council would just be accepting the cost related to it. C/M Stein MOVED to authorize the City Manager to enter an agree- ment with Williams, Hatfield & Stoner to perform the services during construction and inspection and prepare as --built drawings and certification. V/M Massaro SECONDED the MOTION with the authorization for the proper persons to sign this contract. 41. - Discussion and possible action to approve a work authoriza- tion for Williamsr Hatfield & Stoner, Inc. to amend the grant application as requested by DER. • APPROVED in an amount not to exceed $2,315.00. V/M Massaro said there is a massive amount of work needed on this project and there is a fee of $2,315.00, which is nominal for the amount of work required. City Manager Johnson said this confirms the public hearing that was held and approves the concept. V/M Massaro MOVED APPROVAL of Project #84-6 for the Force Main Grant Application revision and to approve payment not to exceed $2,315.00 to Williams, Hatfield & Stoner at the appropriate time. SECONDED by C/M Stein. VOTE: Fj 37 6/12/85 /Pm I Rp, I A CIAL 8. N ni-C - Discussion and possible a) Status report on Plans b) Payment of Miller & Meier Invoices: F1301 - $21,427.66 (tabled from 5/22/85 F1303 - 35,091.66 F1307 - 35,191.66 SyNOE Srs OF ACTION: TABLED to the 6/26/85 Council meeting. It was determined that Invoices F1301 and F1303 are to be voided since the amounts are included in Invoice F1307. action on: b) V/M Massaro said for clarification on Item b), those amounts are cumulative and the only amount necessary is $35,191.66 - F1307. Mr. Henning said they are previous invoices that have not been paid. a) Mr. Henning said the Planning Commission and Beautification Committee were very concerned about the latest approved site plan and there have been extensive discussions determining that the design of the building needs to face north/south and east/west. He said although 88 Ave. is heading north at that point, the portion of 88 Ave. in front of the City Hall site is at an angle and is not facing true north. He said the building, therefore, appears to be at an angle. Mr. Henning said there was one suggestion that appears to be agreeable on all sides so far. He said the architects have stated that there is a tolerance of 15 degrees either way in rotating the buildings and everyone seems to be concerned that the front of the building face the street. He said it was deter mined that the location of the City Hall could be rotated 15 degrees towards the street and the police station could be rotated 15 degrees in the other direction so that it will be less distracting from the City Hall site. C/M Gottesman said it should be stated that those rotations could be made without additional costs. Mr. Henning said there was authorization for $10,000 for some work and all improvements that are being discussed today are included in that figure. C/M Gottesman said he is referring to additional cost to the buildings themselves which would be incurred by air conditioning vents, etc. Craig Kenyon, Executive Vice President of Miller & Meier Archi- tects, said what Mr. Henning is referring to concerns the changes to the site plan approved by Council not to exceed $10,000 to manipulate or alter the buildings, the site parking and drainage. He said C/M Gottesman is referring to changes to the building environment and that rotating the building 15 degrees will not impact its expense. However, to go more than 15 degrees would impose a greater heat load on the building incurring greater energy, operating, air conditioning distribution and redesign costs. He said it was determined that 15 degrees is a tolerance that was determined to be workable without impacting the design costs of the building. Mr. Henning said there was discussion concerning whether the parking spaces would be reduced in the front or whether all of the visitors parking spaces would be moved to the south. He said there is a possibility of having even more green space. He said the first site plan approved by the Council had more roadway in the front and then there was a compromise proposed with 42 visitors parking spaces in the front of the building. 38 6/12/85 /pm Mr. Kenyon said they have taken the two models, which were pre- pared some time ago, and completed a graphic scale site plan of the total site to the same scale as the models. He said this gives a better understanding of how these buildings will appear and were prepared at no cost to the City. C/M Gottesman said he felt this would be the time to consider hiring a Construction Manager or a Clerk of the Works on City staff to oversee the construction process. Mr. Kenyon said the contract the City has with Miller & Meier provides for "Construction Administration", which means that an architect or representative from their office of engineers, must be at the site to see that the building is built in accordance with the documents. He..said it is common practice for an owner to have a Clerk of the Works, a full-time employee or a Construction Mana- ger. He.said the full-time employee would be the least expensive option of the three. Mr. Kenyon said if the City should choose a Construction Manager, that person assumes many responsibilities by being the City's authority on the site and it is most important that he review the documents prior to bidding and agree to those documents. C/M Gottesman said it is mandatory that the City create financial spread sheets on how payments have been made and he requested this from Mr. Kenyon. He said he would also need a rough idea of future costs for remaining phases and the cost estimates incurred at each level so far. Mr. Kenyon said this would be no problem and the last remaining task would be a Final Construction Cost Estimate, which is accomplished when the City has finished reviewing the plans and decisions are made of what changes will be made. Mr. Kenyon said when the plans are finally accepted and are ready for bid, the bond source should be protected by allowing bid alternates to be placed into the documents to delete or add portions so that the City will not have to go through the bid process twice. C/M Gottesman said some of the outstanding pro- blems concern off -site improvements to the right -turn lane and Mr. Henning noted that the plans must be drawn pursuant to the County. Mr. Kenyon said someone must engineer those strips of land which belong to the County so that they accomplish what the City is seeking. Mr. Henning said the significance of this is that this plan must be completed and submitted to the County before the plat can be recorded and before a building permit can be pulled. V/M Massaro asked the price per foot as estimated cost for these buildings based on when the total was given of approximately $7,200,000. Mr. Kenyon said there have been two cost estimates to date, one at the schematic stage and one at the design/dev elopment stage. He said the cost per foot varied with the two buildings, the police station being less because it is a one story building vs. a two-story structure. He said the site work was broken down separately as was furniture, equipment and the communications system. C/M Stein asked how many square feet are involved and Mr. Kenyon said there is roughly 25,000 square feet in the police station and 45,000 square feet in the City Hall. V/M Massaro said that is 70,000 square feet and C/M Stein said this would amount to approximately $100 per foot. _39.. 6/12/85 /pm Mr. Kenyon said that is not accurate since there are 13 acres of land being developed. V/M Massaro said the City is paying an inflated price and this should be reviewed further. Tape 8 City Manager Johnson said the contract states that when the final bids are received, if they are overpaid they will pay back the City. V/m Massaro said she does not want to pay unnecessary amounts. C/M Gottesman MOVED to TABLE this to the 6/26/85 Council meeting for further research, SECONDED by V/M Massaro. (C/M Gottesman left the meeting at this point.) 12. Pension_P1an - Discussion and possible action on: a) Authorization for Kruse, O'Connor and Ling, Actuaries, to conduct a study in various areas of concern. b) Report by Facciani & Co. SYNOPSIS OF ACTION: a) TABLED for a Workshop Meeting to be scheduled with the Council and Pension Board. b) Agendized by Consent on Page., APPROVED payment in the amount of $7,500.00. a) Mr. Henning said at a recent Pension Board meeting there was a request by the Pension Board to have certain studies done by the Actuary as to alterations in the Pension Plan and what the cost would be to change some of the benefits. He said they were requesting authorization up to $5,000. He said in Council's backup is a memo from Kruse, O'Connor and Ling stating that the 14 study items listed amount to $1,475. Mayor Kravitz said they are seeking authorization to conduct the study in an amount not to exceed $1,475 and C/M Stein so MOVED, SECONDED by C/M Munitz. V/M Massaro said this money does not come from the Pension Fund and she asked when was the last time money was appropriated to them recently. Mr. Henning said there are two different things being discussed here, first, the b) item, the Facciani Report, was a one-time report since it was recommended that a different consultant review the Pension Plan to make certain recommenda- tions. He said there are some items in there that should be addressed before the end of the fiscal year. He said the second thing being discussed, this $1,475 amount, is a question of what the cost would be for various changes in the benefits such as the retirement ages, benefits to the plan, disability, etc. Mr. Henning suggested that a Joint Workshop Meeting be called between the Council and the Pension Board to discuss the var- ious questions Council has. C/M Stein said he made the MOTION to move this forward because he felt this report would save the City money. Mayor Kravitz said if the report comes through as the Pension Board sees it, it would recommend spending more money and giving more benefits. C/M Stein said without a re- port it would be difficult to counteract a request of the Pen- sion Board. Mr. Henning said Council would have the final word and Mayor Kravitz said he will call a Workshop Meeting between Council and the Pension Board. 40 6/12/85 /pm C/M Stein MOVED to TABLE this item for a future Workshop Meet- ing of the Council and Pension Board, SECONDED by C/M Munitz. VOTE: C/M Stein Aye C/M Munitz Aye C/M Gottesman Absent V/M Massaro Aye Mayor Kravitz Aye b) Mr. Henning said the Facciani Report was already provided, is in-house and totals $7,500.00. C/M Stein MOVED APPROVAL of payment to Facciani & Co. in the amount of $7,500.00, SECONDED by C/M Munitz. C/M Stein Aye C/M Munitz Aye C/M Gottesman Absent V/M Massaro Aye Mayor Kravitz Aye 13. Polige PeRartmgnt - -- Discussion and possible action to: a) Waive formal bidding procedures to purchase a character generator in the amount of $2,695.00 b) Authorize the purchase of the balance of this equipment through the State Contract No. 00-840-85-1 in the amount of $6,940.20. SYNOPSIS OF -ACTION: APPROVED a) and b). a) City Manager Johnson said these were items that were to be pur- chased from a special fund that was distributed by the State for police work approximately 2 years ago. He said some of the equipment was purchased about a year ago and the first item is a sole source item and bidding must be waived. He said these funds can only be spent for equipment for the Police Department. V/M Massaro MOVED to authorize waiving the formal bidding procedures to purchase a character generator in the amount of $2,695.00, SECONDED by C/M Stein. VOTE: C/M Stein Aye C/M Munitz Aye C/M Gottesman Absent V/M Massaro Aye Mayor Kravitz Aye b) V/M Massaro MOVED to authorize the purchase of the balance of this equipment in the amount of $6,940.20 under State Contract No. 00-840-85-1. SECONDED by C/M Stein. VOTE: C/M Stein Aye C/M Munitz Aye C/M Gottesman Absent V/M Massaro Aye Mayor Kravitz Aye 41 6/12/85 /pm 1 11 11. Suncom Telephone System _Regg,- Discussion and possible action to authorize the appropriate City officials to execute an agreement with the State Department of General Services to permit the City to tie into this system. SYNOPSIS OF_ACTIQX: APPROVED RESOLUTION NO. R-85-180 PASSED. Mr. Henning read T-emF. Reso.-43653 by title. City Manager Johnson said about three years ago the State authorized the cities to participate in the State telephone network. He said before that the County had been participating and this gives the City a reduced rate for long distance calls. He said the rate is much cheaper than the rate quoted by AT&T and some of the other systems and the total charges are divided by the users and hours each user has. He said the last estimated cost is $.14 per minute for inter -State and $.30 per intra-State. He said he was involved in the system for two years before he came to Tamarac and it is a good method of con- trolling the cost. C/M Stein MOVED APPROVAL of , SECONDED by C/M Munitz. C/M Stein Aye C/M Munitz Aye C/M Gottesman Absent V/M Massaro Aye Mayor Kravitz Aye 18. Water and Sewer Charges - - Discussion and possible action to amend Section 27-51 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 guaran- teed revenues. Second Reading (public hearing held 5/22/85) : APPROVED ORDINANCE NO. 0--85--28 PASSED. on second and final reading. (C/M Gottesman entered the meeting at this point.) Mr. Henning read Tem9.._Q1d. 41195 by title. V/M Massaro asked Mr. Henning if this affects any existing agreements and Mr. Henning said no. He said he was questioned by Mr. Riefs of Lennar Homes concerning whether this would affect their ability to phase their site plans. He said if any project has a Stipulation regarding phasing of site plans, the City will abide by any Stipulations. He said this is a house- keeping Ordinance. Mr. Henning said for approximately two years Council has re- quired payment up -front on residential connection charges for the water and sewer ERC's at the time of site plan approval and at the time of the Water and Sewer Agreement execution. 42 6/12/85 /pm Mr. Henning said at the time this procedure was begun, the Water and Sewer Agreements were revised and the Code was not amended to coincide with the contract. He said this amendment has the Code conform with the City's existing Water and Sewer Agreement. V/M Massaro questioned what happens to those in default at this time and Mr. Henning said this does not sever any existing con- tracts but would prevent anyone having this financed by the City in the future. V/M Massaro MOVED APPROVAL of Temp. Ord. #1195 on second and final reading. SECONDED by C/M Stein. VOTE: C/M Stein Aye C/M Munitz Absent C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye 22. - Assignment of Waterer and Sewer Agreement - Discussion and possible action to authorize the appropriate City officials to execute an assignment agreement for Lot 2, Block 5 - James and Lena Marsh. SYNOPSIS_.QF A-CTION: TABLED. The applicant will be notified to bring their Guaranteed Revenues up-to-date. Mr. Henning said Heftler Homes is a single-family development of individual lots and they are selling their lots to have homes built. He said the developer is questioning what will happen to the guaranteed revenues since they do not want to be responsible for the guaranteed revenues due on the vacant lots that they sell. He said the City does not want to send out invoices each month and a compromise has been reached where the new lot owner will be responsible for the guaranteed revenues but will be paying for one year at a time instead of one month at a time making the invoices over $100 each. Mr. Henning said this particular couple has bought a lot and they have already prepaid one year's guaranteed revenues and would prepay the second year unless the house was built and water meters are installed. He recommended approval of the assignment. Mayor Kravitz said he was given a memo noting that they owe guaranteed revenues in the amount of $21.70, which was from 5/l/85 to 7/l/85. Mr. Henning said in Council's backup there is a check for $130.20, which is the prepayment of one year's guaranteed revenuees for this particular lot. C/M Munitz asked if the amount of $21.70 refers to a particular lot and Mr. Henning said not necessarily. C/M Stein said this has always been a problem with Heftler Homes and V/M Massaro agreed. She said they should be notified that they must bring their account up -to --date before any action will be taken. V/M Massaro MOVED to TABLE this item notifying them that their account must be brought up-to-date, SECONDED by C/M Munitz. 43 6/12/85 /pm 1 E F_� 31. Isles of Tamarac - M��el Sales Facility - Discussion and possible action to approve renewal of a model sales permit and waiver of the 150--foot distance requirement for certificates of occupancy. ZYWk,S : TABLED to the 6/26/85 Council meeting with the permit extended to that time because of arrears in Guaranteed Revenues. C/M Munitz said there was a question as to whether the present or previous owners owe guaranteed revenues for this project. C/M Stein MOVED to TABLE this item until all the monies are paid. Mr. Henning said the permit expires 6/13/85 and he quesioned whether the permit is being extended to the next reg- ular meeting. V/M Massaro suggested this permit be extended without accepting the check for the fee and holding it in escrow. V/M Massaro SECONDED the MOTION. VQ E : ALL YQTED_ AYE 32. Wggdmont Tr 9±,-74M - - Temp. Reso. #34 - Discussion and possible action to renew a sign waiver for a period to expire June 22, 1986, for a sign located on University Drive. ,SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-85-186 PASSED. Mr. Henning read ,Temp. Reso, 3651 by title. The City Clerk noted that all fees due on this item were paid this morning and V/M Massaro MOVED APPROVAL of Tgmn. Reso* #3654f SECONDED by C/M Munitz. 34. Family Mart - - - Dis- cussion and possible action to release a warranty Letter of Credit in the amount of $978.00. ,SYNOPSIS OF ACTI: APPROVED releasing warranty Letter of Credit No. 06484-26 in the amount of $978.00 posted for public improvements. RESOLUTION NO. R-85-188 PASSED. Mr. Henning read T9Mp._Reso._#3655 by title. V/M Massaro MOVED APPROVAL of SECONDED by C/M Gottesman. VOTE : Ala 35. - Discussion and possible action to authorize a decrease in the amount of the contract price for this work by $1,278.20 with a new total contract price of $21,051.80. �•� •. x •k ...•i r 44 6/12/85 /pm City Manager Johnson said there was a total reduction in the price of a Change Order and staff recommends approval. V/M Massaro noted that this reduction came about because it was taken from a 300--foot aerial map and when the sidewalk was in- stalled, there was an actual measurement of the sidewalk which resulted in this reduction. V/M Massaro MOVED APPROVAL, SECONDED by C/M Gottesman. 36. a - Tee._ Reso. #3656 -- Discussion and possible action to call the warr- anty bond posted for public improvements pending completion of required remedial repairs. ,9MRS.119OF_ ACTION: TABLED to the 6/26/85 Council meeting. Mr. Henning noted that this was extended to 7/l/85 and Tabling to the next meeting would be appropriate. C/M Gottesman MOVED to TABLE this item to the 6/26/85 Council meeting, SECONDED by C/M Munitz. 37. Rings -Point -Recreation Complex - BgndRelease - Temp- Reso,-13657 - Discussion and possible action to release performance bonds posted for paving and drainage and land- scaping subject to receipt of warranty bonds. APPROVED. RESOLUTION NO. R-85-189 PASSED. Mr. Henning read by title. C/M Gottesman noted that there are Guaranteed Revenues due in the amount of $30.50 and V/M Massaro said their check is in the mail. V/M Massaro MOVED APPROVAL of Temp. Rego. #3657, SECONDED by C/M Gottesman. EDITOR'S NOTE: This Approval released performance Letters of Credit NABG-R90760F and NABG-R90761F in the amounts of $61,240.50 and $2,750.00 respectively posted for paving, drainage and landscaping, subject to receipt of one-year warranty bonds in the amount of $15,408.10 for paving and drainage and $836.00 for landscaping. REPORTS 44. City Attorney Report Mr. Henning said Broward County is proposing a smoke detector Ordinance which covers existing sites as well as new construc- tion. He said the existing sites deal with the battery -operat- ed detectors and new construction would be wired detectors. He said he will advise Council if this is approved. 45 6/12/85 /pm Mr. Henning said he made a report to the Pension Board regard- ing Bradford Trust, which is the bank the City is suing over the ESM matter. He said Florida National Bank is the bank be- ing used to handle some of the investments of the Pension Board and it was learned Trust. He said by that they were also dealing with Bradford working with the City Manager and the Finance Department, they removed any Pension assets that were being dealt through Bradford Trust. He said they were not in Tamarac's name but were securities in the name of Florida National Bank. He said the assets were placed in the Jacksonville Branch of the Florida National Bank. V/M Massaro questioned why the Pension Fund has 60% of their money in stocks when stocks are so vulnerable. She asked if the City is liable if the stocks lose money. Mr. Henning said no, the City is not liable. He said there is an organization called Investment Counsel which is made up of investment professionals and they are handling 2/3 of the Pension Fund. He said the City needed a bank to deal with the securities and Florida National Bank is being used at the direction of the Investment Counsel who direct these investments daily. Mr. Henning said the Florida Statutes provide that Pension Funds could be in stocks; however, the restrictions are, first, no more than 1% of the funds can be placed in any particular stock. He said secondly, the stocks have to be rated a certain rating and, third, there are limitations as to the extent of any particular stock that can be invested in. He said it can be assumed they are conforming with the State requirements. V/M Massaro asked who checks to see if they are conforming to State requirements and Mr. Henning said the Pension Board is having a one-year test period to see if an independent invest- ment group would be better. Mayor Kravitz said he believes the Vice Mayor's concern is whether the City is investing in some- thing which might leave the City vulnerable and, if the stocks lose money, whether the Council would be responsible to replenish the funds to meet the payments. Mr. Henning said there is an Ordinance which provides certain benefits and, if the benefits cannot be paid out of the fund, he assumed the City budget may have to subsidize the City Pension Plan. Mayor Kravitz said he will call a Joint Workshop meeting with Council and the Pension Board to discuss all these aspects. He said Council will receive a report from the City's Investment Counsel at the end of each quarter. V/M Massaro said if the responsibility does fall on Council then Council should oversee what is being done. Mr. Henning said he will review this further and report back to Council. Shirley Blumfield, resident, asked what part Bradford Trust played in the ESM matter that prompted the City to remove their funds from Florida National Bank. Mr. Henning said Bradford Trust was the third -party bank that held all the assets for ESM. He said Tamarac is suing them for liquidating some of those securities. Mr. Henning said a developer approached him concerning a 10- acre vacant lot near 21 Avenue and Prospect Road, south of Commercial Boulevard and east of 441. He said it is half in Tamarac and half in Fort Lauderdale and there are potential problems with site planning, fire and police protection, tax Tape 9 assessments, etc. He said he will report on this after further research. 46 6/12/85 /Pm City Manager Johnson said the residents have been notified of problems with the City Hall switchboard system which is being worked on. He said he was contacted by the County regarding annexation and he will send a Letter of Transmittal to the County. He said the parcels involved are on either side of Shaker Village, south of Bailey Rd. and the area north of the Holiday Inn on the east side of 441. He said the other parcel is where the Carvel Ice Cream Co. is building their new head- quarters and that building should be changed on the map to show it is east of 441. C/M Stein said he was given a plaque for his car and was told there were five plaques purchased at the approximate cost of $500.00. Mayor Kravitz said someone stole his plaque from his car and he questioned whether it should be reported for insur- ance purposes. City Manager Johnson said Mayor Kravitz asked him if this stolen plaque could be covered by insurance and he said no. He said Mayor Kravitz said he would like one ordered to replace it and that other Council people should be contact- ed. He said Mayor Kravitz asked for two plaques, one for each car and Mayor Kravitz said he did not ask for the Council but told the City Manager to contact them. CZM Munitz - No report. C/M Gottesman - No report. yZ&Massaro reported to the City Manager of a dangerous situation in her neighborhood concerning a mango tree. She said the road becomes littered with the branches and mangos and should be handled accordingly. Mayor Krayitz expressed Council's condolances to John Lachmann on the passing of his wife today. Mayor Kravitz recessed the meeting to 5:05 P.M. Mayor Kravitz called the meeting to order at 5:05 P.M., roll call was taken and all were present. 45. Animal Clinico_ - Temn. ord_. #117Q - Discussion and pos- sible action to amend Section 28-171 of the code to permit such clinics (no boarding kennels for animals) in B-5 (Lim- ited Business) districts for special exception and in B-6 (Business) zoning districts. Second Reading. SYNOPSIS OF ACTION: APPROVED ORDINANCE NO. 0-85-32 PASSED. on second and final reading. Public Hearing was held. Mr. Henning read Temp. Ord. #1170_ by title. 1 47 6/12/85 /pm A Mr. Henning said the chart on this Ordinance has underlined X's or new X's and the asterisk indicates a special exception. He said as the title indicates, the City presently permits these kennels in B-2 zoning with a special exception and in B-3 zoning without the need for a special exception. He said this is expanding that to allow these kennels in B-5 zoning with a special exception and in B-6 zoning without the need of a spec- ial exception. Mayor Kravitz noted for the record that all three public hear- ings to be heard tonight have been duly advertised. He opened and closed the public hearing with no response. V/M Massaro MOVED APPROVAL of Temp. Ors. #1170 on second and final reading, SECONDED by C/M Gottesman. 46. Djjyew_ay Entrances - Temp.- Ord, #1171 - Discussion and possible action to amend Section 18--4 of the Code to pro- hibit the use of the parking aisles as the principal means of on -site vehicular circulation for multiple family resi- dences. Second Reading. SYNQFSj0QFACTION: APPROVED ORDINANCE NO. 0-85-33 PASSED. on second and final reading. Public hearing was held. Mr. Henning read Temp. Ord. #1171 by title. Mayor Kravitz opened and closed the public hearing with no re- sponse. C/M Gottesman MOVED APPROVAL of Temp. Ord, #1171 on second and final reading, SECONDED by C/M Stein. • ARNMUNIN 47. Traffic Impact Fee - Temp. Ord. #1186 - Discussion and possible action to create Article IV in Chapter 17 of the Code to establish an interim means of collecting a traffic impact fee while anticipating the report of the City --Wide Traffic Operational Study. Second Reading. SYNOPSIS OF ACTION_: TABLED to a future meeting. Public hearing was held. Mr. Henning read Temn. Ord. #1186 by title. Mayor Kravitz opened the public hearing. Jim Brady, Attorney for Midway Plaza Associates, Ltd., who are the proposed developers of the tract of land on 57 St. He said since he first appeared concerning this about a month ago, they have had the opportunity to discuss the questions he had with staff and the City's consultant, Kimley-Horn. He said as a result of those discuss- ions, a number of concerns were resolved and he suggested bring- ing these to Council's attention with a tabling of this matter until all of the concerns are resolved. Mr. Brady said they have a 225,000 square foot shopping center proposed and, depending on how the Ordinance is read, the impact is either $314,000 or as little as $252,000 for road impact fees. He said in either case, it is such a significant dollar result that it requires further review to avoid this type of economic problem. o: 6/12/85 /pm Mr. Brady said beginning with the Preamble Section 7-20, it appears there is an admission in the language of the Ordinance that there is no basis for passage. He said every piece of municipal legislation requires a rational basis to achieve the legitimate ends sought to be achieved. He said this Section states that the article is to establish an interim means of collecting a traffic impact fee while anticipating the report of the City -Wide Traffic Operational Study. He.said this shows that the Ordinance is weak. Mr. Brady said throughout the Ordinance there is no specific limitation at all that states that these monies must be used for the specific need generated by the specific development. He said that opposes past litigation of 1971, which stated that the monies must be circumscribed even when they are legitimately collected under the impact situation. He said if that is not the case, than an ad valorem tax is created, which is only allowed in one instance and this is not that instance. Mr. Henning said Mr. Brady told him the City's impact Fee is over twice the County assessment. Mr. Brady said their TRIP Study, based upon the platting of the property, is approximately $252,000 as a "low amount" or the "high amount" of $314,000. C/M Stein said the County has an impact Fee of the same kind and they use the money in many various areas and as long as it is used for road development it is valid. Mr. Brady said the County TRIP Study tends to be a spiraling circle that starts with a development and spirals out. He said the spirals are to catch all cars throughout the County that are attracted to a commercial development. He said in a residential development it would be traffic generated by the residential development. He said the County prospective is a broad one which counts all users to the end of Broward County with the monies earmarked specifically for the roadways. He said of $100 generated by the TRIP Study, $1.00 is spent here and $90.00 is spent on the roadway closest to the development. He said he believes the law requires specificity. Richard Rubin, Consultant City Planner, said when a TRIPS model was run on Mr. Brady's proposed project, they found that none of the money went to improve University Drive or to upgrading Commercial Boulevard because these roads are not at capacity. V/M Massaaro said discussion should be curtailed because the City Attorney must do more work on the Ordinance since it is not acceptable in its present form. Mr. Brady said he would be happy to assist the City Attorney to accomplish this. Mayor Kravitz closed the public hearing with no further response. I 49 6/12/85 /pm r� I V/M Massaro MOVED to TABLE this item to a future meeting, SECOND- ED by C/M Gottesman. The meeting was recessed at 5:25 P.M. to the Reconvened Meeting on Friday, 6/14/85 at 2:00 P.M. X�o MAYOR ATTEST: CITY CLERK lel, This public document was promulgated at a cost of $ �3 ' 0 or $ _2�2./O per copy to inform he general public and public officers and employees about recent opinions and considerations by the Council of the City of Tamarac. CITY OF TAMARAC APPROVED AT MEETING OF 7 City Clerk 50 6/12/85 /pm