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HomeMy WebLinkAbout1984-06-13 - City Commission Regular Meeting Minutesrq . u n OR% P.O. BOX 25010 TAMARAC, FLORIDA 33320 FIRST CLASS MAIL CITY OF TAMARAC, FLORIDA CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY, JUNE 13, 1984 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. David E. Krantz - Presentation by Mayor Kravitz of a plaque 6/13- Pg. 2 to David E. Krantz in appreciation of his contributions Plaque presented during his term of office as a Member of Council. by Mayor Kravitz. 2. Parks and Recreation - a) Presentation by Mayor Kravitz of a proclamation designatin June, 1984, as "Parks and Recreation Month". b) Presentation of awards to individuals, organizations and firms in recognition of contributions to the Recreation program. 3. Sister City Project - Report by Shirley Blumfield, Co - Commissioner of Human Relations. BOARDS AND COMMITTEES 4. Board of Adjustment - Discussion and possible action on announcement OT two (2) regular and two (2) al-ternate terms expiring on July 8, 1984. 5. Law Advisory Committee - Discussion and possible action on announcement of five (5) vacancies on this committee. 6. Board of Social Services - Discussion and possible action on: a) Acceptance of resignation of Ileen Wachs b) Announcement of vacancy on this board. 7. Welcoming Committee - Discussion and possible action on: a) Acceptance of resignations of Lillian and Louis Silverman b) Announcement of vacancies on this committee 8. Golf Feasibility Committee - Temp._Reso. #3169 - Discussion and possible action to establish this committee and announce- ment of five (5) vacancies on this committee. If anyone -is interested in serving on tne-above—boards and committees, please contact the City Clerk's office for an application. 6/13 - Pg. 2 a) Proclamation presented by Mayo b) Awards present ed by Recr Dir. 6/13 - Pg. 2 Report given. 6/13 - Pg. 4 Announcement made for 2 regular & 2 alternate terms to expire 7/8/84. 6/13 - Pg. 4 Announcement made for 5 vacancies. 6/13 -Pg,. 4 a) Accepted. b) Announced vacancy. 6/13 - Pg. 4 a) Accepted. b) Announced vacancies. 6/13 - Pg. 4 Reso #R-84--180. APPROVED, as amended. Announced 5 vacancies. PAGE TWO CONSENT AGENDA 9. Items listed under Item #9, Consent Agenda, are viewed to be routine and the recommendation will be enacted by one motion in the form listed below. If discussion is desired, then the item(s) will be removed from the Consent Agenda and will be considered separately. a) Minutes of 4/12/84 - Reconvened Meeting - Approval re- commended by City Clerk. b) Minutes of 4/30/84 - Reconvened Meeting - Approval re- commended by City Clerk. c) Alan F. Ruf - Consultant City Attorney - 6/7/84 - $3,222.00 - Approval recommended by City Attorney. d) Richard S. Rubin - Consultant City Planner - Services for May, 1984 - $2,850.00 - Approval recommended by City Manager. e) Mitchell Ceasar - Grants Consultant - Retainer for May, 1984 - $1,250.00 - Approval recommended by City Manager. f) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - Project 1710-0, Statement #44 - 4/11/84 - Water and Sewage Systems - $225.00 Approval recommended by City Engineer. g) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - Project 1710--15, Statement #6 - 5/10/84 - "201" Evaluation - $1,255.63 - Approval recommended by City Engineer. h) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - Project 1710-0, Statement #45 - 5/15/84 - Water and Sewage Systems - $3,420.88 - Approval recommended by City Engineer. i) July 4th Celebration - Approval that $6,300.00 from line item account 001-872-581-901 of the budget named Contingency be transferred to line item account 001-761- 572-481 named Recreational Activities. The balance in the account from which the monies are transferred was $151,900.00 prior to the transfer and $145,600.00 sub- sequent. to the transfer. The amount of money in the account to which the monies are to be transferred was $1,124.64 prior to the transfer and $7,424.64 sub- sequent to the transfer. j) Approval to refund fees submitted for renewal of model sales permits which were denied by Council on 5/23/84: 1) Southgate Gardens East/Mission Lakes - $300.00 2) Woodmont Tracts 68/77 - $300.00 k) Approval for the expenditure of $2,400.00 from the Parks and Recreation Fund for the following: 1) Tamarac Park - Professional services of Kim Roberts in connection with renovation of the athletic fields- $1,200.00. 2) Tract 27 - Professional services of Cecil Nall in connection with the Master Site Plan - $1,200.00. 1) Utilities West - Approval of an emergency sole source repair of a John Deere 310 Backhoe by Broward Palm Beach Tractor in the amount of $3,577.00. 6/13 - P�. 7 APPROVED a), b), and d) through 1). REMOVED c) then APPROVED but reduced by $165.00 for 2 3/4 hours dtd 5/18/84. L �J PAGE HREE GENERAL ADMINISTRATIVE/FINANCIAL 6/13 - Pg. 8 Reso #R-84-181. 10. Bid Award - Finance_ Department - Temp. Reso. #3156 - Dis- APPROVED; bid to cussion and possible action to award a bid for employee Sun Life of group insurance (tabled from 6/4/84). Canada. 6/13 - Pg. 9 11. Hospitalization and Major Medical Programs - Temp. Reso. Reso #R-84-182. #3174 - Discussion and possible action to clarify the APPROVED with effective and termination dates of benefits granted to conditions. Council members by Resolution 80-187. 12. Auditor for Fiscal Year 1983/84 - Discussion and possible action on: a) Selection of Auditor b) Approval of a Contract of Engagement 13. Bid Awards - Tamarac Park - Discussion and possible action on awarding bids for the following: a) Fencing surrounding Parks Department Compound - Temp. Reso. #3171. b) Resurfacing and lining two (2) basketball courts - Temp. Reso. #3172. c) Tamarac Park Lighting - Temp. Reso. #3196. - Agendized by Consent. 14. Consultant City Planner - Temp. Reso. #3173 - Discussion and possible action to amend the contract with Richard S. Rubin. 15. Area Agency on Aging - Discussion and possible action to approve the expenditure of funds to this agency. 16. Street Resurfacing Projects - Discussion and possible actio on: a) NW 61 Street from NW 84 Terrace east to canal b) Brookwood Boulevard (northbound lanes) from McNab Road to NW 64 Court c) Boulevards - NW 53, 54 and 55 Streets and NW 23 and 27 Avenues. (tabled from 2/9/83). 17. Grants Consultant - Report from City Attorney regarding contingent (percentage) fees for grants consultant. 18. Broward League of Cities Business - Discussion and possible action. LEGAL AFFAIRS 19. City Council Expenses - Discussion and possible action to reconsider Council action taken at the 5/23/84 meeting. a) Motion to require Council approval of Council expenses only for activities outside a 50 mile radius of City Hall. (Approved 5/23/84). b) Ordinance 84.32 - Providing for referendum to amend 20. PAN MAP 6/13 - Pb. 10 a) Selected Touche,Ross & Co b) APPROVED as amended. 6/1.3 - Pg. 1 &11 Added c). APPROVED a), b) and c). Reso. #R-84-183, -184, and -185. 6/13 - Pg. 14 Reso. #R-84-186 . APPROVED. 6/13 - Pg. 5 APPROVED addi- tional contribu- tion of $5,000. 6/13 -- Pg. 21 TABLED at City Engineer's request. 6/13 - Pg. 21 1'AbLED . 6/13 - Pg. 12 No Report. 6/13 - Pg. 12 a) and b) APPROVED, as amended. Charter Section 4.04 regarding Council expenses (approveci6/13 - Pg. 13 on second reading 5/23/84) . Authorization to retain Hainline, Special Counsel - Discussion and possible action to appoint Billing, Cochran special counsel to represent City officials in the federal & Heath to repre- lawsuit filed by Yuko Saito, 3ent City. /13 - Pg. 21 Loeffler Property - Report by City Manager of appraisal of ayor, City Mgr, the property located on the west side of University Drive, ity Atty & City south and east of Tamarac City Park. Discussion and possible lanner to nego- action. iate with Mr. oeffler con - Trauma Center - Temp. Reso. #3177 - Discussion and possible zerning purchase. action urging Broward County to establish a Trauma Care /13 - Pg. 14 Plan. eso. #R-84--187. PROVED. I 7 -1 PAGE ] 23. Municipal Parking Lot at Tamarac Utiltiies East - Dis- cussion and possible action on: a) Establishing revised fees for obtaining parking space permits - Temp. Reso. #3176. b) Revising Exhibit A,«Parking Agreement", to Resolution 84-158. _._ .... PUBLIC HEARINGS - 2:00 P.M. 24. Municipal Parking Lot at Tamarac Utilities East - Temp. Ord. #1117 - Discussion and possible action to amend Chapter 15 of the Code pertaining to fees and --procedures for obtaining parking permits. Second Reading. 25. John M. Loeffler - Limited Parkin Waiver Petition #15-Z-84 Temp. Reso. #3175 - Discussion and possible action to grant a limited waiver to the parking requirements of Section 18 of the Code to allow five (5) ninety degree parking spaces and nine (9) zero degree parking spaces for the proposed Tamarac Park Shopping Center on the west side of University Drive, south and east of Tamarac City Park. 26. Toll Development Corp. - Rezoning Petition #9-Z-84 - Temp. Ord. #1102 - Discussion and possible action to rezone lands on the north side of proposed Commercial Boulevard and on the east side of proposed Nab Hill Road, from A-5 (Agri- cultural/Excavation) to B-3 (General Business) utilizing the 5% flexibility rule for commercial development in residential land use area not to exceed 9.09 acres. B-2 (Planned Community Business) was considered by Council at first reading as a possible alternative for a portion of the site.) Second Reading. a) Acceptance of Affidavit of Publication and Affidavit of Posting. _bj Consideration of -application - Commit Y DEVELOPMENT � 27. Toll Development Corp. - Discussion and possible action to approve a Develepefs- AgreerftentDeclaration of Restrictions pertaining to a parcel of land on the north side of pro- posed Commercial Boulevard and on the east side by proposed ?OUR 6/13 - Pg. 22 TABLED a) and b). 6/13 - Pg. 16 P. H. Held. Ord. #0-84-35. APPROVED on Second & Final Reading. 6/13 - Pg. 17 P. H. Held. DENIED. 6/13 - Pg. 18 P. H. Held. Ord. #0-84-36. a) ACCEPTED. b) APPROVED on Second & Final Reading, as amended. /13 - Pg. 22 APPROVED subject to conditions in Item #26. Nob Hill Road. 6/13 - Pg. 23 28. Toll Development Corp. - Discussion and possible action on: Ord. #0-84-37&38. a) Land Use Plan Amendment - Petition #2-LUA-84 - Temp a) and b) Ord. #1100 - Changing the Land Use designation of a APPROVED on parcel of land 400-feet in width by 400-feet in depth Second & Final located on the north side of Westwood Drive, approxi- Reading. mately 400-feet east of Nob Hill Road, from Institutiona c) Changed to to Residential Medium (15 DU/AC). Second Reading. Declaration of (Public Hearing held 4/25/84) (Tabled from 5/23/84). Restrictions and b) Rezoning Petition #8-Z-84 - Temp. Ord. _#1101 - Rezoning APPROVED, with lands on the north side of Westwood Drive, approximately conditions. 400-feet east of Nab Hill Road, from I-1 (Institutional) to R--4A (Planned Apartment) . Second Reading. (Public 6/13 - Pg.14&24 Hearing held 4/25/84 ) ( Tabled from 5/23/84) . TABLED. Then c) Hereiopers-Agreement- Declaration of Restrictions. Reconsidered and APPROVED a) 29. Patio Homes at Fairmont - Revised Site Plan -w Temp. Reso. Added b) and #3191 - Discussion and possible action on a revised site APPROVED subject plan for the Recreation area. to execution by b) Water and Sewer Agreement - Agendized by Consent. City Officials. 30. 3 Lakes Plaza - Revised Site Plan - Temp. Reso. #3192 - 6/13 -- Pg. 15 Discussion and possible action on a revised site plan for Reso. #R-84-189. parking at Pan American Bank. APPROVED, with conditions. PAGE FIVE 31. Isles of Tamarac - Model Sales Facility - Discussion and 6/13 - Pg-1 & 15 possible action to permit a model sales facility and waive ADDED b). the 150-foot distance requirement for certificates of APPROVED a) and occupancy. b)• b) 32. Easement and Option Agreement - Tem .Reso.#3197 - Agendized by Consent. Tamarac Jewish Center - Revised Site Plan for Additional Reso. #R--84-190. 6/13 - Pg- 3. Fenced Playground Area with Chickee Hut - Discussion and a) TABLED for possible action on: City Attorney a) Request for waiver of fees to amend. b) Reconfirming 5/23/84 approval of this site plan by b) APPROVED. Council - Temp. Reso. # 319 3 Reso. #R-84-191 33. Woodmont Plaza (McNab Road and NW 80 Avenue) -- Status report 6/13 - Pg. 25 on zoning by the City Attorney. Discussion and possible TABLED. action. 6/13 - Pg. 26. 34. Belfort - Entrance Roadway and Guardhouse - Discussion and Reso. #R-84-192. possible action on: a) Temporary waiver of platting process - Temp. Reso. #3189 a) APPROVED with C/Plnr's recomm. b) Approval of Hold Harmless and License Agreement c) Issuance of permits for this construction. b) APPROVED. c) DELETED. 35. Ashmont - Discussion and possible action on: a) Revised site plan for Buildings F, H and I reflecting 6/13 - Pg. 26. Reso. #R-84-193, revisions to setbacks and meter rooms - Temp. Reso. # 317 8 . -194,-195,&-196. APPROVED a) , b) , b) Release of performance bond posted for canal bank sod c), and d). behind Building D - Temp. Reso. #3179. c) Disposition of a warranty bond posted for sanitary sewer system - Temp. Reso. #3180. d) Disposition of a warranty bond posted for the water distribution system - Temp. Reso. #3181. 6/13 - Pg. 27. 36. Kings Point - Canals in Tracts 12, 13 and 13A - Discussion and possible action on: Reso. #R-84-197 and R-84-198. a) Release of a performance bond - Temp. Reso. #3184. b) Acceptance of Canal Maintenance Agreement and Declaration APPROVED a) and b). of Covenants - Temp_ Reso. #3185. 6/13 - Pg. 21. 37. Choice Seats - Sign Waiver - Temp. Reso. #3188 - Discussion and possible action to waive the provisions of the sign TABLED at req of petitioner. ordinance for type of lettering on a directory sign at 3725 W. Commercial Boulevard. 6/20 - Pg. 1 38. Home Construction Warrant Bond - Temp. Reso. #3190 - Dis- Reso. #R-84--202. cussion and possible action to release a bond posted as a warranty against defects for a home located at 6901 White APPROVED release of $1500.00 Oak Lane. bond. 6/20 - Pg. 1. 39. Canal Reservation Temp. Reso. #3187 - Discussion and pos- Reso. #R-84-203. sible action on a request from the South Florida Water APPROVED. Management District to release a canal reservation on a portion of Tract 44 on the west side of NW 88 Avenue, just 6/20 - Pg. 1 north of McNab Road. APPROVED. Fees in amount of 40. Star of David Memorial Gardens - Discussion and possible $1,387.50 action to approve a Water and Sewer Developers Agreement. received. 41. Villas at the Gate - Discussion and possible action to 6/20 - Pg. 2. approve a Water and Sewer Developers Agreement. APPROVED. A PAGE SIX 42. Lake Colony (Brookwood Gardens) - Discussion and possible 6/13 - Pg. 28. action on: Reso. #R-84-199, a) Release of a performance bond posted for public improve- -200, & -201. ments upon receipt of a one-year warranty bond - APPROVED a) , Temp. Reso. #3182. b), and d). b) Acceptance of the Bill of Sale for the water distribution TABLED c) at and sewage collection system improvements - Temp. Reso. request of #3183. City Attorney. c) Bond posted for traffic light (tabled from 5/23/84). d) Lease Agreement for use of the facilities at this project for Recreation Department activities - Temp. Reso. #3061. 6/13 - Pg. 29. REMOVED from 43. Woodmont Tracts 68/77 - Warranty Bond - Temp. Reso. #3186 - Agenda at req Discussion and possible action to call a warranty bond of C/En iueer. posted for public improvements. 44. Lakes of Carriage Hills - _Temp. Reso. #3195 - Discussion and possible action to rescind a revised site plan approved by Resolution 84-58 and approval of a revised site plan for Buildings 3 and 11 reflecting revisions to footprint of buildings and reduction of units. 45. Drainage Improvements in the Cit action. PppnPTq 46. City Council 47. City Manager 48. City Attorney - Diccussion and possible City Council may consider and act upon such other business as may come before it. Pursuant to Section 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 will need a record of the proceedings, and for such purpose 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 Carol A. Evans Assistant City Clerk SPECIAL MEETING Monday, June 11, 1984 - Special Meeting - 1:00 P.M. Council Chambers - Discussion and possible action to cancel portions of site plans where Water and Sewer Developers Agreements are in default. 49. Tamarac Retirement Resort/Adult Hotel ^- Discussion and possible action regardiiig tiie_ propv,eu of µ rctirct:ert resort/ac?ult hotel. Agendized by Consent. 6/13 - Pg. 27. APPROVED, with conditions. 6/20 - Pg. 2. Report by Mayor. C/Engineer to check entrance of Isles/Tamarac 6/20 - Pg. 3,4,5 Revorts Riven. 6/20 - Pg. 5 No Report. 6/20 - Pg. 5 No Report. 6/20 -- Pg., 3 & 6 ALendized by Consent. Concept presented prior to presentation to Planning Comm No action. V CITY OF TAMARAC, FLORIDA REGULAR CITY COUNCIL MEETING June 13, 1984 Tape CALL TO ORDER: Mayor Kravitz called the meeting to order on 1 Wednesday, June 13, 1984 at 9:00 A.M. in the Council Chambers. ROLL CALL: PRESENT: Mayor Philip B. Kravitz Vice Mayor Sydney M. Stein Councilman Jack Stelzer Councilman Raymond J. Munitz Councilman John J. Dunne ALSO PRESENT: Steve Wood, Acting City Manager Jon M. Henning, City Attorney Carol A. Evans, Assistant City Clerk Patricia Marcurio, Secretary MEDITATION AND PLEDGE OF ALLEGIANCE - Mayor Kravitz called for a moment of Silent Meditation followed by the Pledge of Allegiance. COMMUNITY DEVELOPMENT 31. Isles of Tamarac - _Model Sales Facility - Discussion and possible action to permit a model sales facility and waive the 150-foot distance requirement for certificates of occupancy. SYNOPSIS OF ACTION: Agendized by, Consent, b) Easement and Option Agreement - Temp. Reso. #3197. (See Pages 15 and 16). C/M Stelzer MOVED to agendize by consent discussion and possible action for a b) portion to Item 31, Easement and Option Agreement, Tem . Reso. #3197, SECONDED by C/M Munitz. The model sales facility permission and waiver of the distance requirement will become the a) portion of this item. VOTE: ALL VOTED AYE GENERAL ADMINISTRATIVE/FINANCIAL 13. Bid Awards - Tamarac Park - Discussion and possible action on awarding bids for the following: a) Fencing surrounding Parks Department Compound - Tem. RPsn. 4.3171. b) Resurfacing and lining two (2) basketball courts - Ted. Reso. #3172. SYNOPSIS OF ACTION: Agendized by Consent. c) Tamarac Park Lighting - Temp. Reso. #3196. (See Page 11). - C/M Stelzer said Council has received a memo from Sharon Ellis requesting the bid for'Tamarac Park lighting be accepted, Temp. Reso. #3196 and he MOVED to agendize this by consent. SECONDED by C/M Munitz. This will be a c) portion to Item 13 on the agenda. VOTE: ALL VOTED AYE C/M Stelzer said the bill for Miller & Meier came in and he MOVED to agendize this by consent. Mr. Henning said the City Manager felt this should be addressed at the 6/27/84 meeting. The MOTION DIED for lack of a SECOND. - 1 - 6/13/84 /pm L PRESENTATION AND AWARDS 1. David E. Krantz - Presentation by Mayor Kravitz of a plaque to David E. Krantz in appreciation of his contributions during his term of office as a Member of Council. SYNOPSIS OF ACTION: Plaque was presented by Mayor Kravitz to David E. Krantz. Mayor Kravitz presented David E. Krantz with a plaque in apprecia- tion of his contributions during his term of office as a member of Council. 2. Parks and Recreation - a) Presentation by Mayor Kravitz of a proclamation designating June, 1984, as "Parks and Recreation Month". b) Presentation of awards to individuals, organizations and firms in recognition of contributions to the Recreation program. SYNOPSIS OF ACTION: a) Proclamation b) Awards were named below. was presented, presented to those a) Mayor Kravitz presented a proclamation to Sharon Ellis, Parks and Recreation Director, designating June, 1984, as "Parks and Recreation Month". b) Sharon Ellis presented awards to the following people for their contributions to the City: Mayor Kravitz Kevin Duffy Bill Farrell Dave Harris Tim Arpasi Mrs. Ellis presented an award to the winner of the brochure -designing contest, Melissa Barnwell of the 5th grade of Tamarac Elementary School. 3. Sister City Project - Report by Shirley Blumfield, Co - Commissioner of Human Relations. SYNOPSIS OF ACTION: A report was made by Shirley Blumfield. Shirley Blumfield, Co -Commissioner of Human Relations, reported to Council on her recent trip to Israel. She presented Council with copies -. of_.documents that were given to her by the Mayor of Kiryat Tivon, the first is the Sister -City Accord. She said the Mayor said _ the Accord only has meaning if populations get together and become like family. She said the letter from the U.S. Embassy states that the Ambassador expressed the hope that Tamarac and Kiryat Tivon are furthering the bi-lateral ties of friendship between Israel and the U.S. She said the Ambassador plans to be present at the ceremonies that are planned. She said Mayor Ben-Dror would like to have a Tamarac City Flag sent to him and they will make a wall hanging for the new City Hall building in Tamarac. Mrs. Blumfield said there is a ceremony planned and the Mayor would like to know how long everyone will be there, when they will arrive and how many people are coming. She said when she visited Kiryat Tivon 3 years ago she gave them 3 suggestions for the elderly citizens concerning foster grandparent programs, a community center and a hospice program and they were all instituted to the credit of Tamarac. She said Mayor Ben-Dror said he would like Mayor Kravitz and Mrs. Kravitz to stay longer to tour the northern part of the country. - 2 - 6/13/84 /pm Mrs. Blumfield said Mayor Ben-Dror feels that according to his letter to Mayor Kravitz of 5/6/84, Mayor Kravitz has accepted the suggestion of March, 1985 as a tentative time for a ceremony to take place in Kiryat Tivon and suggests that the signing portion of the ceremony take place in Tamarac 2 months later. COMMUNITY DEVELOPMENT 32. Tamarac Jewish Center - Revised Site Plan for Additional Fenced Playground Area with Chickee Hut - Discussion and possible action on: a) Request for a waiver of fees b) Reconfirming 5/23/84 approval of this site plan by Council - Temp. Reso. #3193 SYNOPSIS OF ACTION: RESOLUTION NO. R-84-PASSED. a) TABLED. The City Attorney will amend the Ordinance with provisions for waivers. b) APPROVED. a) David Krantz, President of the Tamarac Jewish Center, said on behalf of the Center he is requesting a waiver of the fee for the site plan for the additional playground area submitted recently for approval. He said there was no structural change within the buildings them- selves and all that was done was to extend a chain link fence approximately 20-feet to enlarge the outdoor playground area. He said this was required by the Broward Health Department which supervises their nursery school activities. He said they had to increase their enrollment due to the unprecedented demand of additional children in the summer camp program which begins in about 10 days. Mr. Krantz said in requesting a waiver of the fee, he would call Council's attention to the fact that the Tamarac Jewish Center caters to the spiritual needs of more than half of the City's population. He said in their case the fees involved are very high and the membership of the Temple is mostly comprised of senior citizens on limited incomes. He said the fee of $175 is formidable especially when the total cost of the extension of the fence is under $300. He said they have in the past paid site plan fees without question and they are requesting waiver of this fee. C/M Dunne MOVED to waive the fee for the Tamarac Jewish Center in the amount of $175, SECONDED by V/M Stein. C/M Munitz asked the City Attorney if the Code addresses this and Mr. Henning said in Section 7-5 of the City Code it states that "no permits for any development or building shall be issued until such site development plan is approved as provided hereunder and all required fees have been received by the City". He said there is no provision for a waiver and he suggested tabling this item with Council directing him to prepare a draft of an appropriate Ordinance that would amend the Code to allow Council to establish waivers. C/M Munitz said he is not disputing the logic of Mr. Krantz's presentation, however, based on the City Attorney's input, the previous Motion is illegal. V/M Stein withdrew his SECOND and C/M Dunne withdrew his MOTION. C/M Munitz MOVED to TABLE this item instructing the City Attorney to amend the Ordinance to provide for waivers, SECONDED by C/M Dunne. VOTE: �s�11�tL�11Y�1��G\•��' b) Mr. Henning read Temp. Reso. #3193_ by title and said this was just a record of the action taken at an earlier Council meeting. He said the site plans are traditionally approved by Resolution and this is just a written record of Council's approval. V/M Stein MOVED APPROVAL of 'Temp. Reso. #3193, SECONDED by C/M Dunne. VOTE: ALL VOTED AYE - 3 - 6/13/84 /pm BOARDS AND COMMITTEES 4. Board of Adjustment - Discussion and possible action on announcement of two (2) regular and two (2) alternate terms expiring on July 8, 1984. SYNOPSIS OF ACTION: Announcement was made. Mayor Kravitz announced that there are vacancies of two regular and two alternate positions on this Board and anyone interested is to apply to the City Clerk's office. 5. Law Advisory Committee - Discussion and possible action on announcement of five (5) vacancies on this committee. SYNOPSIS OF ACTION: Announcement was made. Mayor Kravitz announced that there are vacancies of five positions on this committee and anyone interested is to apply to the City Clerk's office. 6. Board of Social Services - Discussion and possible action on: a) Acceptance of resignation of Ileen Wachs b) Announcement of vacancy on this board. SYNOPSIS OF ACTION: a) Accepted the resignation of Ileen Wachs. b) Announced 1 vacancy on this board. a) C/M Stelzer MOVED the ACCEPTANCE of the resignation of Ileen Wachs, SECONDED by C/M Munitz. VOTE: ALL VOTED AYE b) Mayor Kravitz announced 1 vacancy on this board,and advised anyone interested to apply to the City Clerk's office. 7. Welcoming Committee - Discussion and possible action on: a) Acceptance of resignations of Lillian and Louis Silverman b) Announcement of vacancies on this committee. SYNOPSIS OF ACTION: a) Accepted resignations of Lillian and Louis Silverman. b) Announced vacancies on this committee. a) V/M Stein MOVED the ACCEPTANCE of the resignations of Lillian and Louis Silverman, SECONDED by C/M Dunne. VOTE: ALL VOTED AYE b) Mayor Kravitz announced that there are vacancies on this committee and advised anyone interested to apply to the City Clerk's office. 8. Golf Feasibility Committee - Temp. Reso. #3169 - Discussion and possible action to establish this committee and announcement of five (5) vacancies on this committee. SYNOPSIS OF ACTION: APPROVED as amended. RESOLUTION NO. R-84- /0'0 PASSED. Mr. Henning read the Resolution by title and said he wrote this Resolution at Council's direction and it is not in Ordinance form as has been done with other committees because this is a temporary committee. He said as Council requested, the committee consists of 1 appointee from each of the Council members and he provided for that appointee to be recorded by written memo to the City Clerk. - 4 -- 6/13/84 /pm Mr. Henning said the Golf Feasibility Committee itself will cease operation on 12/31/84 unless it is extended by Council action before then. He said he has provided for the terms of the committee members to likewise elapse on this date. C/M Munitz said he had several amendments to Temp. Reso. #3169: 1. On Line 18, Page 1, he suggested substituting the words "registered voter" for "resident". Tape 2. As each Council person appoints a member, it should be an 2 appointment of a registered voter from his district. C/M Munitz MOVED APPROVAL of Temj2. Reso. #3169 as amended, SECONDED by V/M Stein. VOTE: /z RM11L6110211iAX1421 Harold H. Newman, resident, said over the years there have been several Golf Feasibility Committees and nothing has materialized. He asked if there was a possibility of reopening negotiations for a golf course and Mayor Kravitz said he asked for this committee to be appointed, however, there is nothing pending presently. Mr. Newman asked that Council consider the fifth person appointed might be a professional. C/M Munitz said he and C/M Stelzer were members of the past committee on golf feasibility and they had professionals available to them. V/M Stein said there is available to this committee an intensive report on golf courses in this area. GENERAL ADMINISTRATIVE/FINANCIAL 15. Area Agency on Aging - Discussion and possible action to approve the expenditure of funds to this agency. SYNOPSIS OF ACTION: APPROVED a contribution of an additional amount of $5,000 for the current year. Candy Rechtschaffer, Executive Director of the Area Agency on Aging of Broward County, said for the last 12 years the Agency has been coming to each of the cities and the County to ask for local matching funds. She said the Agency is a planning body which provides services to senior citizens aged 60 and over throughout the County. The services include homebound individuals, senior centers, transpor- tation, nutrition programs, etc. She said they are asking Tamarac for an amount of $27,221 which is calculated based on the number o� senior citizens within the City and the amount of dollars that the Agency ex ects to receive from the Federal and State Governments. She said the dollars come to them on a basis of 90-10 which means that the Federal and State Governments give them $90 and for each of those $90 they must bring in $10 to match or they cannot receive those dollars from the government. She said during the current fiscal year, the residents have received almost $200,000 worth of services and 959 different individuals were served. C/M Munitz said during the current fiscal year, the amount budgeted for this contribution was $5,000 and, although the figure of $27,221 is an unrealistic figure, so is the $5,000 amount. He said that based on the percentage of the population over 65 as well as the need and the fact that several entitlement agencies have been cut by the Federal Government, this $5,000 figure is not enough. Ms. Rechtschaffer said their figures are based on projections from the 1980 census data. She said she met with C/M Dunne who informed her of 2 cases needing special help and she referred them to their outreach program who, in turn, assisted these people. C/M Dunne confirmed that within one day these people were helped by the Agency and he commended them as well as the City's Social Services Department. 5 _ 6/13/84 /pm C/M Stelzer asked if they operate 7 days a week and Ms. Rechtschaffer said most programs operate 5 days a week but the home -delivered meals program is 7 days a week, Lee Harrington, member of the Advisory Council for the Area Agency on Aging, said they have approximately 27,500 people over 60 in Tamarac and besides the meals there are 14 other services available. He said when they appeal for $27,221 it actually comes to less than $1 per person. Dr. Aaronson, member of the Northwest Focal Point Center in Margate, said the agencies activities include the feeding and counseling of individuals on nutrition as well. Dr. Maurice Abbey, resident, said the Agency came into being as a result of the passing of the Older Americans Act in 1965. He said this Act,is',.authoriz6d by Congress every 3 years and this Agency is administered by highly skilled personnel. He said Tamarac has been on the top of the list in its demands for social services and he proposed Council contribute $10,000 so that the Agency can carry on its work without interruption. Bernie Hart, President of the Tamarac Presidents Council, said 820 of Tamarac is over the 60 age bracket and it is the City's ...... ....... responsibility to help them. C/M Munitz MOVED that the City contribute an additional $5,000 to the Area Agency on Aging for the current fiscal year. He said when the budget is addressed for the coming year, this matter will be given serious consideration. He said this added contribution of $5,000 would bring the current fiscal year's contribution to $10,000. C/M Dunne SECONDED the MOTION. VOTE: ALL VOTED AYE Steve Wood suggested a MOTION be made by Council to have the funds transferred from the Line Item Account named Contingency in the General Fund Budget to the Line Item Account entitled Area Council on Aging in the General Fund Budget in the amount of $5,000. C/M Munitz so MOVED, SECONDED by C/M Dunne. VOTE: ALL VOTED AYE CONSENT AGENDA 9. Consent Agenda a) Minutes of 4/12/84 - Reconvened Meeting - Approval recommended by City Clerk. b) Minutes of 4/30/84 - Reconvened Meeting - Approval recommended by City Clerk. c) Alan F. Ruf - Consultant City Attorney - 6/7/84 - $3,222.00 - Approval recommended by City Attorney. d) Richard S. Rubin - Consultant City Planner - Services for May, 1984 - $2,850.00 - Approval recommended by City Manager. e) Mitchell Ceasar - Grants Consultant - Retainer for May, 1984 - $1,250.00 - Approval recommended by City Manager. f) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - Project 1710-0, Statement #44 - 4/11/84 - Water and Sewage Systems - $225.00 - Approval recommended by City Engineer. g) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - Project 1710-15, Statement #6 - 5/10/84 - "201" Evaluation - $1,255.63 - Approval recommended by City Engineer. h) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - Project 1710-0, Statement #45 - 5/15/84 -- Water and Sewage Systems - $3,420.88 - Approval recommended by City Engineer. i) July 4th Celebration - Approval that $6,300.00 from line item account 001-872-581-901 of the budget named Contingency be transferred to line item account 001-761-572-481 named Recrea- tional Activities, The balance in the account from which the monies are transferred was $151,900.00 prior to the transfer and $145,600.00 subsequent to the transfer. The amount of money in the account to which the monies are to be transferred was $1,124.64 prior to the transfer and $7,424.64 subsequent to the transfer. - 6 - 6/13/84 /pm j) Approval to refund fees submitted for renewal of model sales permits which were denied by Council on 5/23/84: 1) Southgate Gardens East/Mission Lakes - $300.00 2) Woodmont Tracts 68/77 - $300.00 k) Approval for the expenditure of $2,400.00 from the Parks and Recreation Fund for the following: 1) Tamarac Park - Professional services of Kim Roberts in connection with renovation of the athletic fields - $1,200.00 2) Tract 27 - Professional services of Cecil Nall in connection with the Master Site Plan - $1,200.00 1) Utilities West - Approval of an emergency sole source repair of a John Deere 310 Backhoe by Broward Palm Beach Tractor in the amount of $3,577.00. SYNOPSIS OF ACTION: APPROVED a), b) and d) through 1). REMOVED c) for discussion then APPROVED Alan Ruf's bill except 2-3/4 hours dated 5/18/84 reducing the amount by $165.00. V/M Stein MOVED APPROVAL of a) through 1), SECONDED by C/M Munitz. Melanie Reynolds, Charter Board member, asked if Council required the City Attorney to attend the Charter Board meetings. She said her question concerns Item c) of the Consent Agenda, Alan Ruf's bill. Mr. Henning said the Mayor had asked him to attend the meetings. Mrs. Reynolds said she protested in March concerning Mr. Ruf attending a Charter Board meeting and the former Mayor said that he had told the City Attorney's office to monitor the Charter Board meetings. She referred to Page 2 of Mr. Ruf's bill which stated "Chris Carsky - Tamarac Charter Board Meeting - Available for Charter review meeting", whereby she charged almost $180 and was not present at the meeting. She objected to this. V/M Stein said in light of this he would like to remove Item c) for further discussion. Mayor Kravitz said V/M Stein is amending his MOTION to APPROVE Items a), b) and d) through 1) removing c) for discussion, C/M Munitz, as the SECOND, agreed to the amendment. VOTE: ALL VOTED AYE c) V/M Stein said since a member of the Charter Board has made charges that a bill is incorrect, he would suggest investigating this further. Mr. Henning said he suggested payment of the bill because he was ill and under doctor's orders he was not at work for over a week. He said the Charter Board has been meeting weekly on Fridays and one of the reasons this bill is a little higher is because Mr. Ruf attended the 5/23/84 Council meeting. He said the Friday in question concerning the Charter Board meeting, Chris Carsky was in Mr. Henning's office and Mr. Henning was at home ill. He spoke with her via phone and asked her to notify the Charter Board that she was available for their consultation if she was needed. She did make this announcement but rather than sit in the audience, she was in the City Attorney's office conducting business. He said it was at his suggestion that Mr. Ruf and Miss Carsky appeared for the items on the bill. He said if Council feels this item is controversial, he asked that they just delete that item from the total. V/M Stein MOVED to APPROVE Item c), Mr. Ruf's bill excepting the 5/18/84 portion for 2-3/4 hours. He said this would reduce the amount by $165. SECONDED by C/M Dunne. VOTE: ALL VOTED AYE - 7 - 6/13/84 /pm GENERAL ADMINISTRATIVE/FINANCIAL 10. Bid Award -- Finance Department - Temp. Reso. #3156 -- Dis- cussion and possible action to award a bid for employee group insurance (tabled from 6/4/84). SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-84- /,? PASSED, awarding the bid to Sun Life of Canada to be administered by Medical Insurance Administrators, Inn. to expire 6/l/85. Mr. Henning read the Resolution by title and Steve Wood said Council has the recommendation from staff before them. Lloyd Rhodes, Manager for Humana Care Plus of South Florida, said they discussed the current problem of group insurance facing all major employers and he submitted a letter clarifying the extension of benefit provision as outlined in the Florida State Statutes which is not addressed by the current self - funded proposal. He said the key to cost containment is not present in the current plan and almost every other major employer in South Florida is responding to these rising increases in premiums and claim Tape costs by revising their plans. He said in 1982, the City's plan paid 3 $226,000 approximately and in 1983, the amount rose 38% to $312,232. He said that trend is not going to be changed by a self -funded approach, and, in addition, the 9 month liability that is being faced in the event of a major claim must be considered. He said Humana Care is the best cost -containment feature that is being offered today and it allows the employee the opportunity to maintain the first dollar hospital coverage providing utilization of Humana hospitals. He said the employees do not have to go to Humana hospitals but if they do not their out-of-pocket benefit will be less than what they have now. He said they are guaranteeing a savings of $145,000 to the City and the premium will be on a 2-year basis that will increase no more than the overall consumer price index. Troy Piland, representing Florida Municipal Health Trust Fund, said at the Workshop meeting he informed Council that they have a cost - containment plan which is an in-between plan compared to what the City now has. Dave Adams, representing Medical Insurance Adminis trators, said the self -funded program is the only one in Florida that has a proven track record as far as performance and stabilizing costs. He said the Humana Plus Program is new and has no proven track record in Florida and, concerning the question of extension of benefits, the current program now provides a 90-day extension. He said their program is beginning where the League left off and provides no loss of benefits. He said any program Council would choose would provide complete continuity of benefits. V/M Stein asked if it is possible to purchase an additional 9 month continuation and Mr. Adams said no, only 90 days as maximum. C/M Munitz asked Mr. wood for his recommendation as Finance Director and Mr. Wood said their recommendation has been that the City should go into a self -funded program. Mr. Henning said for the record that the City received correspondence from Humana and then contacted the attorneys of the Insurance Commissioner's office on the phone to discuss the provisions of the Statute that were raised and the legality of the issues that were questioned. He said they feel they have satisfied the Statutes of Florida Law under this area and they recognize there are differences in the regulations of private insurance companies vs. self -insured funds. He said he would recommend whichever program Council chooses have a one-year coverage and that Council consider an insurance consultant next year to fine tune the bid specifications. C/M Munitz asked Mr. Henning if another section should be included in the Ordinance to indicate that coverage shall be for a one year period and Mr. Henning said the contract states this. V/M Stein said there has been untrue statements in the newspaper which he wanted to correct by stating that this Council is not guilty of costing the City any money by procrastination. - 8 - 6/13/84 /pm V/M Stein said the first notice Council had of a change in insurance was in the beginning of May and the contract expired at the end of May. He said this is the first time in 3 years that the City has had any competitive bids on these programs and Council needed time to investigate the options. C/M Dunne said the handling of the City's insurance was moved from one department to another and this also caused delay. Fred Specht, resident, said any corporation or City that takes a group insurance policy from a private insurer who loses money might cause the rates to rise. He asked Steve Wood what provision the City has for this money should the costs rise and Mr. Wood said the same situation is true with a self -funded plan as with a fully - insured plan except in a self -funded plan the aggregate, which is the stop/loss type of insurance that the City buys so that they do not go out -of --pocket above a specified amount, would be increased by the carrier in the following year based upon the experience of the previous year. He said with a fully -insured plan, the insurance company would pass back to the City through premium increases to cover the costs of the experience that the plan had the previous year. He said the City is buying the insurance so that the City only goes out-of-pocket up to a certain amount, above that, the insurance company pays for those claims, it is not pure self -funding. Vickie Beech, resident, said the Council should pursue this matter further. Rudolph Ramirez, resident, said there is nothing in the bids that states that this contract terminates in one year but states that the rates that are quoted must be guaranteed for 12 months, then the City has the option after that time to renew the contract. C/M Munitz said there were some political implications which were an interfering factor in the status presentation of this package and this partially caused the delay. He said there was no money lost and time allowed input from staff as well as the public. C/M Stelzer said the bid specifications were dated 3/19/84 which was ample time for all the bids to be reviewed and the only reason this was delayed was because V/M Stein wanted time to review the bids. He asked for a report from V/M Stein as to his opinion. V/M Stein said he spent considerable time with Steve Wood as well as the various bidders for this contract and there are certain objections to each one of these bids. He said the closest to the City's needs is Humana Plus who would give the City a guarantee situation but had defects in the fact that the employee would be restricted as to what hospitals could be used in order to use the total efficiency of the plan. He said even their bid is considerably higher than the estimated amount as proposed by the self-insurance plan. He said there is a maximum that can be spent which is reflected in the total cost package. He said the only difference is if there is a bad year the premium will go up the next year. V/M Stein MOVED APPROVAL life and accidental life administered by Medical in Section 2 to include C/M Munitz. VOTE: of Temp. Reso. #3156 awarding the bid for insurance to Sun Life of Canada to be Insurance Administrators, Inc., as amended the expiration date of 6/l/85. SECONDED by ALL VOTED AYE 11. Hospitalization and Major Medical Programs - Temp. Reso. #3174 - Discussion and possible action to clarify the effective and termination dates of benefits granted to Council members by Resolution 80-187. SYNOPSIS OF ACTION: APPROVED with conditions. RESOLUTION NO. R-84--/L?,,-PASSED. Mr. Henning read the Resolution by title and said on 7/28/80 the City Council at that time voted that Council members.should receive the same benefits as full time permanent employees. - 9 - 6/13/84 /pm Mr. Henning said the confusion came with the "full time permanent City employees" since Council does not have a probationary period, they are elected and installed approximately one week later and are permanent upon installation. Employees, he said, have a probationary period of 90 days waiting period before insurance benefits are granted. He said this Resolution presently states that the first day of the month following Council's election the insurance would be started. He said when leaving office, which is addressed in Section 2, is 30 days following the termination from office which is the same_ as._ _emp oyees. _ V/M Stein MOVED APPROVAL of T Munitz. VOTE: . Reso. #3174, SECONDED by C/M ALL VOTED AYE 12. Auditor for Fiscal Year 1983/84 - Discussion and possible action on: a) Selection of Auditor b) Approval of a Contract of Engagement SYNOPSIS OF ACTION: a) Touche Ross & Co. was chosen as the City's auditors for FY 83/84. b) APPROVED as amended. a) Mr. Henning said at the Pre Agenda meeting he distributed the attachment which was a portion of the Florida Administrative Code, Section 21 a - 21.07 on the Selection of Auditors. He said at the last Council meeting he was not present but received a phone call from the City's present auditor, Alexander Grant & Co.'s representa- tive, Bert Emmer. He said Mr. Emmer questioned the procedure and pointed out the portion of the Code which stipulates that a basis for fee, if requested, shall subsequently be submitted in writing concurrently, only by the top -three ranked licensees. He said there were questions raised as to whether or not there were con- current quotes and whether or not they were in writing. He said this situation is unique because the present auditor had the highest bid and did not attempt to take advantage of his position. He read Council the conclusion in his memo with those facts in mind: "from the facts I have been able to assemble, I did not accuse anyone of any intentional wrong doing and I advise the City Council to progress to the consideration of a letter or contract of engagement with Touche Ross & Co., Council's choice as auditor. The only other action to be a motion to reconsider which I mention for your information but am not advocating for or against it." He said Council may continue on to the b) portion of this item. V/M Stein MOVED to continue to the b) portion of this item, SECONDED by C/M Dunne. b) C/M Stelzer asked Steve Wood if he received answers to his 5 questions which were stipulated in his memo of 5/21/84 to C/M Munitz. Mr. Wood said he has not and he felt it would be in the best interests of the City as well as Touche Ross to have a clear understanding of these issues before proceeding to the engagement letter. V/M Stein asked Mr. Sims for his agreement on the fallowing and Mr. Sims concurred: 1. that "out-of-pocket expenses" referred to in the "Sample Engage- ment Letter" would be inclusive in the cap fee. 2. that Touche Ross will provide photo -ready copy of their opinion letter with the City's financial statements prepared on their word processing equipment. 3. Touche Ross will not charge additional fees for inquiries made by City staff, Council members, etc. 4. any outside work for the issuance of comfort letters regarding the two impending bond issues or audited interim statements would be submitted to Council with a fee quote and would be based on the same hourly charges for staff. - 10 - 6/13/84 /pm 5. Touche Ross will review the City's CAAFR before submission to the Governmental Finance Officers Association to insure compliance with the Certificate of Conformance Program. 6. An opinion on compliance for the $630,000 General Obligation Bonds as required by the bond resolution will be included as part of the audit scope. Mr. Wood asked for clarification to an item referred to in the Engagement Letter to an audit liaison. Mr. Sims said they generally Tape request that the Council or the City Manager appoint someone to be 4 the audit coordinator. V/M Stein said the original MOTION was to discuss Item b), however, an appropriate MOTION now would be to select Touche Ross & Co. as the City's auditor with the amended contract of engagement as was amended orally today. V/M Stein WITHDREW his previous MOTION, C/M Dunne WITHDREW his SECOND from the original MOTION. V/M Stein reworded his MOTION to state that subject to the amend- ments as stated today and providing that these amendments are added to the official Letter of Engagement and Contract. SECONDED by C/M Munitz. Mr. Henning said he would like the MOTION to include authorization of the Mayor and City Manager to execute the Letter on behalf of the City. V/M Stein APPROVED this AMENDMENT to the MOTION, SECONDED by C/M Munitz. VOTE: ALL VOTED AYE 13. Bid Awards - Tamarac Park - Discussion and possible action on awarding bids for the a) Fencing surrounding Reso. #3171 following: Parks Department Compound - Tem . b) Resurfacing and lining two (2) basketball courts - Temp. Reso. #3172 c) Tamarac Park Lighting - Temp. Reso. #3196 SYNOPSIS OF ACTION: RESOLUTION NO. R-84- 4_5 PASSED. a) APPROVED awarding the bid to RESOLUTION NO. R-84PASSED. Action Fence Corp. for $4,444.00. RESOLUTION NO. R-84- / 5~PASSED. b) APPROVED awarding the bid to Everglades Paving Co. for $2,748.00. c) Agendized by Consent. (See Page 1). APPROVED awarding the bid to J.P. Electrical Contractors Corp. for $68,625.00 a) Mr. Henning read Temp. Reso. #3171 by title and Sharon Ellis said the Parks and Recreation Dept. has recommended to the City Manager and Council that they accept the bid_ for $4,444.00 from Action Fence Corp. for fencing surrounding the Parks Dept. compound at Tamarac..Park. C/M Munitz MOVED APPROVAL of Temp. R6so. #3171, SECONDED by C/M Stelzer. VOTE: ALL VOTED AYE b) Mr. Henning read Temp. Reso. #3172 by title and Sharon Ellis said the Parks and Recreation Dept. recommends accepting the bid from the Everglades Paving Co., Inc. in the amount of $2,748.00 for services which would include leveling of the basketball court, lining and resurfacing. C/M Munitz MOVED APPROVAL of Temp. Reso. #3172, SECONDED by C/M Stelzer. VOTE: ALL VOTED AYE c) Mr. Henning read Temp. Reso. #3196 by title and Sharon Ellis said the Parks and Recreation Dept. recommends accepting the bid of J.P. Electrical Contractors Corp. in the amount of $68,625.00 for the project which will include upgrading Ball Field #2, installation of tennis and basketball court lighting and upgrading the parking lot lighting currently at Tamarac Park. 6/13/84 /pm C/M Munitz MOVED APPROVAL of Temp. Reso. #„3196, SECONDED by V/M Stein. - -- — VOTE: ALL VOTED AYE C/M Munitz commended the Parks and Recreation Dept. for their cooperation and dedication. C/M Dunne requested the bids be submitted as soon as possible to allow more time for review. Sharon Ellis said each of the items voted on today were presented during the first meeting in April and were part of a total package Council approved several months ago. 18. Broward League of _Cities Business - Discussion and possible action. SYNOPSIS OF ACTION: No report. Mayor Kravitz said there is no report at this time, however, the minutes will be received shortly. LEGAL AFFAIRS 19. City Council Expenses - Discussion and possible action to reconsider Council action taken at the 5/23/84 meeting. a) Motion to require Council approval of Council expenses only for activities outside a 50 mile radius of City Hall. (Approved 5/23/84). b) Ordinance 84-32 - Providing for referendum to amend Charter Section 4.04 regarding Council expenses (approved on second reading 5/23/84). SYNOPSIS OF ACTION: a) and b) APPROVED as amended. a) C/M Munitz said at the last Council meeting there was extensive discussion on this item, however, the Motion was not as complete as it should have been. He said in the Motion, V/M Stein referred to an "allowance", however, this is not an allowance and is still going to be a voucher until the Ordinance is passed. C/M Munitz said there was confusion on the Motion as was reported by a news- paper reporter since at no time did the City Council say that it will be approving its own expenses. He said this was never said nor intended„and the Motion should be more inclusive taking into consideration the discussion had by Council extending the area concerning radius. He suggested that instead of a "50 mile radius" it might be more suitable to put "tri-County, Broward, Dade and Palm Beach Counties". V/M Stein MOVED to Reconsider the Council action of. 5/23/84 as to ........ . .. . City Council expenses, SECONDED by C/M Munitz. VOTE: ALL VOTED AYE V/M Stein MOVED to AMEND the item calling for a radius of 50 miles to now read "for the tri-County of Dade, Broward and Palm Beach Counties". SECONDED by C/M Munitz. Ben Lieber, Charter Board member, requested Council table this item because the Charter Board is presently considering drafting an amendment of its own. He recommended that a joint Workshop Meeting be held between Council and the Charter Board to create a joint amendment. Vickie Beech, resident, concurred with Mr. Lieber as did Fred Specht, resident. Mr.-_Specht said this should be tabled to consider the whole aspect of expense monies in the City. He said every employee and all boards and committees of the City can put in expense vouchers for the City Manager's approval. He said he wrote to the Finance Dept. with 2 questions, - 12 - 6/13/84 1. Mr. Specht requested information on monthly amount of expense money given to Department and Sub -Department. Heads. 2. the names of the City Departments authorized to receive such expense monies. He said he received a letter from Dan Saale of the Finance Dept. which stated, "Auto expense reimbursements are paid the City employees as incurred by submittal of detailed voucher for reimbursement request. All auto allowances are included in departmental budgets which are passed by Resolution and there is no singular Resolution which states which departments are allowed such allowances". He said there are 7 departments within the City the heads of which receive special monthly auto allow- ances and 5 of those department heads receive $200 per month allowance which he felt was an increase of salary. He asked Council to table this item, meet with the Charter Board and, in the Ordinance that eventually evolves, expense monies for the entire City employees should be mentioned and not just the Council. Bernie Hart, resident, said the Charter Board is an independent body and should not have to meet with the Council for this purpose. VOTE: ALL VOTED AYE b) Mr. Henning advised Council that if they would like to reconsider Ordinance #84-32 which is providing for referendum, he requested they move for reconsideration, discussion and direct him to draft the appropriate legislation. V/M Stein said he would request that the 50 mile radius referred to in the Ordinance be changed to a tri--County area of Broward, Dade and Palm Beach Counties. C/M Munitz referred to Line 26, Page 1 he requested the words "for mileage and other City business expenses" be deleted. Mr. Henning said there is a minor problem since under Florida Statute 101.161 the ballot question must be kept at 75 words and it is now approximately 130 words. He said any deletions such as Council is suggesting might be helpful. V/M Stein MOVED APPROVAL as amended, SECONDED by C/M Munitz. VOTE: ALL VOTED AYE 20. Special Counsel - Discussion and possible action to appoint special counsel to represent City officials in the federal lawsuit filed by Yuko Saito. SYNOPSIS OF ACTION: Authorization was given to retain the services of Hainline, Billing, Cochran and Heath to represent the interest of the City and its employees and officials. Mr. Henning said he sent Council memos on 6/11/84 explaining that this is a situation called a 1983 action which is in Title 44, Section 1983 of the U.S. Code where there is_Civil Rights action or false arrest action being claimed in the Federal courts and, unlike the State courts where they name the City as the defendants, in this case they name the individuals as defendants. He said they have named the City Manager, the Police Chief and the Mayor as well as the 2 police officers involved. He said there was some question about insurance coverage and, for that reason, rather than have a default entered, he arranged to have a private firm of Hainline, Billing, Cochran and Heath represent the City. He said they did represent the City to the extent that they filed an appearance and a response so that no defaults were entered. He said the insurance coverage is cleared up, however, the extent of the coverage is only $500,000 with no punitive damage coverage. or defense. He said the City was quoted the fee of $65 per hour for trial representation in Federal court and he suggested Council approve the appointment of Hainline, Billing, Cochran and Heath as Special Counsel to represent the City in this lawsuit at the rate of $65 per hour. - 13 - 6/13/84 /pm V/M Stein so MOVED, SECONDED by C/M Munitz. VOTE: ALL VOTED AYE The meeting was recessed to 1:30 P.M. for lunch. Tape Mavor Kravitz. called the meeting to order and all were present. 5 LEGAL AFFAIRS 22. Trauma Center - Temp. Reso. #3177 - Discussion and possible action urging Broward County to establish a Trauma Care Plan. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-84-%PASSED. V/M Stein read the Resolution by title and C/M Stelzer MOVED APPROVAL, SECONDED by C/M Munitz. VOTE: ALL VOTED AYE GENERAL ADMINISTRATTVE/FINANCIAL 14. Consultant City Planner - Temp. Reso. #3173 - Discussion and possible action to amend the contract with Richard S. Rubin. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-84-/ e6 PASSED. C/M Munitz read the Resolution by title. Richard Rubin said the general fee for the County for various Planners is still higher than he is requesting. He said he will be opening his own office and this additional fee would allow him to pay for overhead. Steve Wood said the City Manager has relayed that both she and the Chief Building Official concur with the increase in fees to Mr. Rubin. Mr. Henning said the Resolution has a few typos but the basic language states the amounts of $3,200 per month, $45 for overtime and $40 to be deducted from the following month if 80 hours are not put in. He said the effective date would be 7/l/84. C/M Munitz MOVED APPROVAL of Temp. Reso. #3173 subject to the necessary corrections, SECONDED by V/M Stein. VnT'F COMMUNITY DEVELOPMENT ALL VOTED AYE 29. Patio Homes at Fairmont - Revised Site Plan - Temp. Reso. #3191 - Discussion and possible action on a revised site plan for the Recreation area. SYNOPSIS OF ACTION: (See Pages 24 & 25). TABLED until all the details are verified. Richard Rubin said there is much discussion of l phase versus 4 phases of Mr. Toll's project. He said last year Mr. Toll submitted a site plan for approximately 130 units, however, when it came time to pay the fees, he only paid for 38 units so Council approved the site plan for Phase 1. He said Phases 2, 3 and 4 are not platted or site planned. He said in Phase 1 there was a Recreation area and the Vice Mayor at that time, made a Motion to approve the Site Plan for Phase 1. He said at that time, they felt since Mr. Toll does not know what he is going to do in this recreation area, they approved the Site Plan for Phase 1 excluding the recreation area and Mr. Toll was required to submit a new site plan just for that small parcel. - 14 - 6/13/84 /pm Mr. Rubin said Mr. Toll has submitted his application, paid his fees for this recreation area separately, has a new Water and Sewer Agreement today and complies with every requirement. He said staff recommends approval. Mr. Henning said it has to be established for the record whether or not the connections on this recreation center are included in Phase 1 Water and Sewer Agreement or whether there is a new Agreement which has been submitted. He said if it is a new Agreement it must be placed on the agenda for approval. Mr. Toll, petitioner, said they phased this project and paid for the first building's ERCs and paid for and are paying interest and guaranteed revenues on 38 units, which is the first phase. He said the recreation area's calculation had to be determined by the Engineering Department as to what the charges would be. He said that was done and then that was paid for and included in the Phase 1 Agreement. Richard Rubin said the Engineering Department's files state that an addendum to the Water and Sewer Agreement was required for this site and a fee of $1,530. Mr. Henning said this could be approved with the understanding that there will be a report to Council before the second meeting in July. C/M Munitz MOVED to TABLE any further consideration of Temp. Reso. #3191 until all of the details have been verified, SECONDED by C/M Stelzer. VOTE: ALL VOTED AYE C/M Munitz said he heard a statement at the County meeting yesterday that there is an approved plan signed by the Mayor for 132 units in this development and he asked for clarification. Mayor Kravitz said to the best of his knowledge, he has not signed anything concerning this. Mr. Henning said there was site plan approval for Phase 1. Mr. Toll said he was not at the County meeting yesterday, however, he knows the final outcome and the only thing the Housing Finance Authority said was they approved the plan request for funding subject to all documentation. He said to clarify the position on the site plan, the site plan was done for 149 units with a recreation area divided into 4 phases and the engineering plans were approved that way and it was signed that way. 30. 3 Lakes Plaza - Revised Site Plan - Temp. Reso. #3192 - Discussion and possible action on a revised site plan for parking at Pan American Bank. SYNOPSIS OF ACTION: APPROVED with conditions. RESOLUTION NO. R-84- Ig!Z PASSED. Mr. Henning read the Resolution by title and Richard Rubin said the parking around Pan American Bank has been revised and has been reviewed by the Planning Commission. He said staff recommends approval subject to all driveways being widened to 30-feet. Garth Hinkle, representing D.M. Ambrose Engineers, said this is acceptable. V/M Stein MOVED APPROVAL of Temp. Reso. #3192 as conditioned, SECONDED by C/M Dunne. VOTE: ALL VOTED AYE 31. Isles of Tamarac - Model Sales Facility - Discussion and possible action on: a) to permit a model sales facility and waive the 150-foot distance requirement for certificates of occupancy. b) Easement and Option Agreement - Temj2. Reso. #3197 - SYNOPSIS OF ACTION: RESOLUTION NO. R-84- / 9O PASSED. a) APPROVED. b) Agendized by Consent. (See Page 1) and APPROVED. - 15 - 6/13/84 /pm b) Mr. Henning read Temp. Reso. #3197 by title and. Robert Chapnick, applicant, said they propose to build 22 single family homes in the Isles of Tamarac and the request is for a staffed, landscaped decorated sales center there. Mr. Henning said the request is for a temporary structure and the Easement and Option Agreement is to enter the property and remove Mr. Henning said there is an estimated amount for demolition removal of $1,150, however, the present Ordinances state that the minimum bond should be $2,000. Mr. Henning said the applicant has agreed to meet the requirement of the bond. C/M Munitz said there is a notation that $4,632.95 is due on this and Mr. Henning said the applicant has purchased 22 of the 106 units and this week he brought his 22 units up-to- date. He said the applicant has plans to accept an assignment and responsibility for future payments on the 22. The remaining lots are in arrears, although he is not the owner of them and the existing owner claims he has plans for the financing in the near future to bring these up--to-date. He said at this point that is a separate entity. Arthur Gottesman, Planning Commission Chairman, said he would approve of this. C/M Stelzer asked the applicant if the people purchasing those 22 homes will have the use of the recreation facilities and Mr. Chapnick said yes. V/M Stein MOVED APPROVAL of Temp. Reso. #3197, SECONDED by C/M Dunne. VOTE: ALL VOTED AYE a) Mr. Henning said because of the location of the model sales office, they need a waiver to operate this. C/M Dunne MOVED to APPROVE the model sales facility and waive the 150-foot distance requirement, SECONDED by C/M Stelzer. VOTE: PUBLIC HEARINGS ALL VOTED AYE 24. Municipal Parking Lot at Tamarac Utilities East - Temp. Ord. #1117 - Discussion and possible action to amend Chapter 15 of the Code pertaining to fees and procedures for obtaining parking permits. Second Reading. SYNOPSIS OF ACTION: Public Hearing ORDINANCE NO. 0-84-PASSED. was held. APPROVED on second and final reading. Mr. Henning read the Ordinance by title and Mayor Kravitz opened the public hearing. Mr. Henning said this Ordinance concerns the parking lot -adjacent Tamarac Utilities East building which has been closed for several months. He said there are 29 spaces on that lot and it has been used to park recreational vehicles and boats on trailers that ordinarily are not allowed in residential sections overnight by the Code. He said the City has afforded this lot for the opportunity of 29 potential violations to be taken off the street. He said all this Ordinance does is take the rate schedule out of the City Code and give the Council more flexibility to establish a rate schedule by Resolution, which is a different item on the agenda. He said in Section 1 it corrects a typographical error where the Code states "22 Street" it should be "22 Avenue". He said this does not enact the new rates since that is a separate Resolution. Mayor Kravitz closed the public hearing with no response. C/M Stelzer MOVED APPROVAL of Temp. Ord. #1117 on second and final reading, SECONDED by C/M Munitz. VOTE: ALL VOTED AYE - 16 - 6/13/84 /pm I 25. John M. Loeffler - Limited Parking Waiver Petition #15-Z-84 - Temp. Reso.#3175 - Discussion and possible action to grant a limited waiver to the parking requirements of Section 18 of the Code to allow five (5) ninety degree parking spaces and nine (9) zero degree parking spaces for the proposed Tamarac Park Shopping Center on the west side of University Drive, south and east of Tamarac City Park. SYNOPSIS OF ACTION: Public Hearing was held. DENIED. Mr. Henning read Temp. Reso. #3175 by title and Richard Rubin said the site plan is being processed on this application and is not officially before Council yet. He said for the last 9 months _the_ applicant has been processing a site plan and plat and he has determined the site plan would require a limited waiver to __._.._.the parking. He said according to the drawing, there will be twee 900 parking spaces at the northwest corner and parallel parking along the south property line. He said the City Code states that it is required that there be angled parking for all commer:eial. centers, however, because of a hardship, this could be waived. He said Mr. Loeffler had a site plan about 5 years ago for this property which was approved, however, the applicant chose not to record the plat and the plat and site plan became void. He said this is the second application and, during the review by the Planning Commission, they recommended denying the limited waiver because they did not feel there was a hardship. He said the Planning Commission also felt it was difficult for them to act on a site plan until they found out the disposition of the limited waiver. Mr. Rubin suggested, therefore, that the public hearing be held with the Planning Commission reviewing this again at their next meeting and recommend to Council their decisions. Mayor Kravitz opened the public hearing. Mr. Loeffler, owner and developer of the property, said he has the approved plans from 5 years ago with him and at that time there was footage that could be used for building and since then many other restrictions have been placed. He said this includes the park being 50-foot setback in the rear and 50-foot setback on the north end of the property when previously it was a 25-foot setback. He said at the time of the original approval there was the restriction against angle parking but there was a waiver of 50 parking spaces. He said they are now only asking for 14 parking spaces and there are 7 extra spaces supplied on the site plan. Mr. Loeffler said another factor is that during the time he has owned the property he has allowed the City to use the property Tape for parking and ingress and egress from the area. Doug Christy, 6 Chairman of the Parks and Recreation Board, said they have objections regarding the entire project. He referred to a letter which Council received dated 5/25/84 that outlined the objections. He said they are concerned because this project abuts the existing Tamarac Park on two sides. He said all of the building would be facing away from the park leaving the rear area with whatever setbacks are finally determined. He said that rear area would be an attractive nuisance to youth for congregating. He said the development of this property will reduce parking availability for Tamarac Park and they have been working under a reciprocal agree- ment to allow the City to park cars there on an overflow basis. He said in turn, the City has mowed this facility at no charge to the property owner. He said they are also concerned about children walking past what could be a busy shopping center to get to the Park and Tamarac Elementary School. Mr. Christy said they object to the name of the facility being Tamarac Park Shopping Center since this might create the impression that this is connected somehow to the City. Karen Dickerhoff, Assistant Principal of the school, echoed Mr. Christy's comments. 17 - 6/13/84 /pm Arthur Gottesman, Chairman of the Planning Commission, said they denied the waiver and tabled the site plan because they felt the hardship mentioned was one created by the developer himself. He said if the building was smaller he would not need the parallel parking that he has on the side since this is dangerous. He said another problem is that it would be difficult for an emergency vehicle or sanitation truck to get around that corner. Mayor Kravitz closed the public hearing with no further response. Mr. Loeffler said when this property was zoned for a shopping center, the land was given to the City. C/M Munitz MOVED DENIAL of Temp. Reso. #3175, SECONDED by V/M Stein. VOTE: ALL VOTED AYE 26. Toll Development Corp. - Rezoning Petition #9-Z-84 - Temp. Ord. #1102 -- Discussion and possible action to rezone lands on the north side of proposed Commercial Boulevard and on the east side of proposed Nob Hill Road, from A-5 (Agri- cultural/Excavation) to B-3 (General Business) utilizing the 5% flexibility rule for commercial development in residential land use area not to exceed 9.09 acres. B-2 (Planned Community Business) was considered by Council at first reading as a possible alternative for a portion of the site.) Second Reading. a) Acceptance of Affidavit of Publication and Affidavit of Posting. b) Consideration of application. SYNOPSIS OF ACTION: Public Hearing was held. a) ACCEPTED Posting. b) APPROVED Affidavits of Publication and ORDINANCE NO. 0-84-PASSED. on second and final reading as amended. b) Mr. Henning read Temp. Ord. #1102 by title and said the applica- tion is to rezone to B-3 and there was discussion at the first reading to have a portion of this property approved to B-3 and a portion would be B-2. Myles Tralins, representing Toll Development, said while the original application was for B-3 at first reading, they announced that the application have the corner alone zoned B-3 and the balance be zoned B-2. He said they compared deed restrictions which incorporated Mr. Rubin's recommendations as to how development of the B-3 portion would progress. Mr. Henning said he read the deed restrictions with Mr. Tralins on Friday. V/M Stein said this project was sent back to the Planning Commission and they said they preferred to have control over what was being built there. He said the City Planner asked that there be deed restrictions established for this that would satisfy the Planning Commission's objections. Richard Rubin said the restric- tions have been submitted by Mr. Tralins a few minutes ago. He said at the last meeting,the Council indicated a willingness to consider the corner 300-feet as B-3 with a covenant. He said the covenant, in rough form, went back to the Planning Commission and they felt the entire property should still be placed in a B-2 category for greater protection for the City. However, he said, he still feels they could place B-3 on the corner, with these recommended minimum restrictions: 1. Only one drive with a maximum width of 35-feet should be per- mitted on each roadway adjacent to the north and east property line. 2. The perimeter berm shall be a minimum of 36-inches to 42-inches in height and a minimum of 25-feet in width. 6/13/84 /pm 3. All setbacks should be in accordance with the City Code and measured from the then -existing right-of-way line, except the setback for Nab Hill Rd. which will be 60-feet from the final right-of-way. 4. A 3-foot high wall should be placed along the north and east property lines. 5. All development shall be consistent with the platting and site plan requirements of the City. 6. All covenants of the City are required to have graphic sketches, legal descriptions and signatures. Mr. Tralins agreed with all of the above requirements on behalf of Mr. Toll. Mayor Kravitz opened the public hearing. Arthur Gottesman, Chairman of the Planning Commission, said they did not oppose a gasoline station but their main objection was that by requesting a B-3, it left the City without some drawing showing how this station would be developed. Mayor Kravitz closed the public hearing with no further response. C/M Munitz asked Mr. Rubin if this remains B-2 could a service station be erected and Mr. Rubin said yes, by Special Exception. Mr. Rubin said the only hardship affecting the developer is that it would take several months to administer the review of the Special Exception and it might be more difficult to find a buyer since they probably would --not buy the property until the Special Exception is approved. Mr. Tralins said they have provided a precise plan as to how the proposed gas station use would be developed and this would be prepared on a map that would be attached to the Declaration of Restrictions for public record. C/M Munitz asked Mr. Tralins for his definition of "gas station" vs. "service station" and Mr. Tralins said he does not see a difference between the two. Mr. Henning said for clarification that at no point has there been any representation that there would not be a garage facility, a car wash facility, a self-service as opposed to a full service station or that there would not be an accessory use of a convenience store. He said this should be stipulated on at this time if Council has any objections to any of these. a) Mayor Kravitz asked the Assistant City Clerk for verification of receipt of the Affidavits of Publication and Posting and she confirmed receipt. C/M Stelzer MOVED ACCEPTANCE of Affidavits of Publication and Posting, SECONDED by V/M Stein. VOTE: ALL VOTED AYE b) Mr. Rubin said if Council agreed today to rezone this to B-2 and the developer came in the future requesting rezoning the corner to B-3, Council would be exactly where they are now with a minimum of certain restrictions. C/M Stelzer asked Mr. Rubin if any restrictions could be added in addition to these that would limit the objectional type of operations. Mr. Rubin said he cannot foresee all the possible uses that this property might have but, if Mr. Toll agrees that these restrictions only apply to that land being used for a filling station/service facility, all other incidental uses would require a special exception and that would protect it. C/M Munitz asked if the City would lose control of the area that is zoned B--3 and Mr. Rubin said yes. He said the restrictions will provide adequate buffers for the type of station that has been in the City, however, since this is close to the proposed Sawgrass Expressway, there could be some other uses that are not generally used in the City. Tape Myles Tralins said the announced intention for the use was for a 7 service station, however, the combination of the Expressway and the location on Commercial Blvd. points to the need for such a facility in that location. - 19 - 6/13/84 /pm J Mr. Tralins said the aesthetics of the development of the property are being addressed by the City Planner and Council. He said their intent was to meet those concerns and the extent to which an oil company might want to agree is in their mind. He said this could be addressed at site plan review but in order to utilize the property it must be zoned properly. He said they feel they have met all the obligations of the Ordinances of the City. V/M Stein said the City does not want a mechanic shop at that location nor a paint spray booth but they do want a gas station that is dedicated to selling gas and oil only. He said if they could get this guarantee that would satisfy Council. Mr. Tralins said that concern could be placed in the Deed of Restrictions. Mr. Henning said if there were a mechanic there could be a use for a tow truck and Council is concerned about any type of service area. Mr. Henning said this should be stated on the record that it is for gas station use. Mr. Toll said B-3 zoning does not allow a body shop and he just wants to sell this property to a professional service station operator. He said this is a community facility as the only service station in the area of the proposed Expressway. He said an oil company will not consider this piece of property unless it is properly zoned and B-2 is not a proper classification. Mr. Toll said adjacent to this property is the Sunrise Industrial Park. Mr. Tralins said under the proposed Land Use Plan prepared by the City Planner, the adjacent property in Land Section 7 is a light industrial type of use. C/M Munitz asked Mr. Henning what the proper procedure would be to rezone this to B-2 and Mr. Henning said Council has the right to rezone this if they wish to. Mr. Toll said this request is done as the City Planner asked. V/M Stein said if Mr. Toll would add to the Deed Restrictions that this be used as a service station without any hydraulic lifts or bays, he would be in favor of this, however, Mr. Toll said he would not do this. Mr. Toll said this can all be addressed at time of site plan review. C/M Dunne MOVED to ACCEPT as written the memo to Jon Henning from Richard Rubin dated 5/2/84. The MOTION DIED for lack of a SECOND. C/M Stelzer MOVED APPROVAL of Temp._Ord. #1102 subject to the Declaration of Restrictions submitted. V/M Stein asked to add an amendment to the MOTION that this property not be used for any storage of automobiles and C/M Stelzer agreed to this amendment. SECONDED by V/M Stein. Mr. Henning said his draft of Tem12. Ord. #1102 in Section 1 states that"those lands described in Exhibit A attached hereto and made a part hereof are hereby rezoned from A-5 to B-3". Mr. Henning asked the maker and second of the Motion to withdraw their Motion and they agreed to do so. He then suggested Council make a Motion amending Temp. Ord. #1102, Section 1 to read "and those lands described in Exhibit A are attached hereto and made a part hereof are hereby rezoned from A-5 to B-2 with the exception of the western portion, 288-feet, east of the western border, 300-feet north and south". Mr. Henning added that the Restricted Covenant that was given is for gas or service station use with no vehicle storage allowed there. C/M Stelzer MOVED to APPROVE changing this piece of property from A-5 to B-3 (288-foot section) with the remainder portion aoried -B-.2. subject to th-e Deed Restrictions and the additional restriction of no vehicle storage. SECONDED by V/M Stein. VOTE: ALL VOTED AYE - 20 - 6/13/84 /pm 'A LEGAL AFFAIRS 21. Loeffler Property - Report by City Manager of appraisal of the property located on the west side of University Drive, south and east of Tamarac City Park. Discussion and possible action. SYNOPSIS OF ACTION: Mayor Kravitz, the City Manager, the City Attorney and City Planner are to negotiate with Mr. Loeffler concerning purchase of the property located on west side of University Dr., south and east of Tamarac City Park. Mr. Henning said some City officials are interested in acquiring the Loeffler property and the City Manager is suggesting a Council member be appointed to meet with the City Manager, the City Attorney and other people designated by the City Manager to negotiate this. He said there are various appraisals outstanding and this would take a large amount of the Recreational Fund. He said if they did decide to make a purchase there would have to be a referendum to approve it and this should be resolved before the September election. C/M Dunne MOVED to authorize the Mayor, City Manager, City Attorney and City Planner meet with Mr. Loeffler to negotiate, SECONDED by V/M Stein. VOTE: ALL VOTED AYE GENERAL ADMINISTRATTVE/FINANCIAL 17. Grants Consultant - Report from City Attorney regarding contingent (percentage) fees for grants consultant. SYNOPSIS OF ACTION: TABLED. V/M Stein MOVED to TABLE this item at this time, SECONDED by C/M Dunne. VOTE: ALL VOTED AYE 16. Street Resurfacing Projects - Discussion and possible action on: a) NW 61 Street from NW 84 Terrace east to canal b) Brookwood Boulevard (northbound lanes) from McNab Road to NW 64 Court c) Boulevards - NW 53, 54 and 55 Streets and NW 23 and 27 Avenues (tabled from 2/9/83). SYNOPSIS OF ACTION: TABLED at the City Engineer's request. V/M Stein MOVED to TABLE this item at the City Engineer's request, SECONDED by C/M Dunne. VOTE: ALL VOTED AYE COMMUNITY DEVELOPMENT 37. Choice Seats - Sign Waiver - Temp. Reso. #3188 - Discussion and possible action to waive the provisions of the sign ordinance for type of lettering on a directory sign at 3725 W. Commercial Boulevard. SYNOPSIS OF ACTION: TABLED at the request of the petitioner. - 21 - 6/13/84 /pm Mayor Kravitz said the petitioner is requesting this item be tabled and V/M Stein so MOVED, SECONDED by C/M Dunne. VOTE: ALL VOTED AYE LEGAL AFFAIRS 23. Municipal Parking Lot at Tamarac Utilities East - Dis- cussion and possible action on: a) Establishing revised fees for obtaining parking space permits - Temp. Reso. #3176 b) Revising Exhibit A, "Parking Agreement", to Resolution 84-158. SYNOPSIS OF ACTION: TABLED a) and b). a) Mr. Henning read the Resolution by title and said by earlier action and today, Council authorized the City to enact a rate schedule for b) this municipal parking lot by Resolution. He said this is one possible Resolution for fees that suggests a $75 fee for 3 months minimum lease. He said there was a question of whether or not there should be a discount for one year. C/M Dunne said the old rates were $15 per month, $45 for 3 months and $150 per year and there is a problem there now with access to and from this lot. He suggested keys be given to the people or a combination lock be used. He suggested $25 for the first month, $60 for 3 months Tape and $200 per year. 8 C/M Dunne MOVED that the rates be accepted as such and that the lock be put on as soon as possible, SECONDED by V/M Stein. C/M Munitz said for clarification that this is referring to his 6/5/84 memo changing Temp. Reso. #3176 to include C/M Dunne's memo of 6/5/84, the rates are $25 for 1 month, $60 for 3 months and $200 per year. Steve Wood said the City Manager has asked that the original proposal for rates, if unacceptable, be tabled to the next regular meeting so that they could give some input to the rates the City Manager and the Assistant to the City Manager developed. C/M Dunne said there is only one problem with that, this situation of access to the parking lot should be resolved. Mr. Henning said the locks are an administrative problem unrelated to the rates. Mayor Kravitz requested both the maker of the Motion and the Second to withdraw their Motions and they agreed. C/M Stelzer MOVED to TABLE this item, SECONDED by V/M Stein. VOTE: ALL VOTED AYE COMMUNITY DEVELOPMENT 27. Toll Development Corp. - Discussion and possible action to approve a Developers Agreement pertaining to a parcel of land on the north side of proposed Commercial Boulevard and on the east side of proposed Nob Hill Road. SYNOPSIS OF ACTION: APPROVED subject to conditions as stipulated in Item #26. Mr. Henning said the Deed Restrictions were discussed and amended under Item #26. C/M Munitz MOVED APPROVAL subject to the conditions as stipulated in Item #26, SECONDED by C/M Dunne. VOTE: ALL VOTED AYE - 22 - 6/13/84 /pm 28. Toll Development Corp. - Discussion and possible action on: a) Land Use Plan Amendment - Petition #2-LUA-84 - Temp. Ord. #1100 - Changing the Land Use designation of a parcel of land 400-feet in width by 400-feet in depth located on the north side of Westwood Drive, approxi- mately 400-feet east of Nob Hill Road, from Institutional to Residential. Medium (15 DU/AC). Second Reading. (Public Hearing held 4/25/84) (Tabled from 5/23/84). b) Rezoning Petition #8-Z-84 - Temp. Ord. #1101 -- Rezoning lands on the north side of Westwood Drive, approximately 400-feet east of Nob Hill Road, from 1-1 (Institutional) to R-4A (Planned Apartment). Second Reading. (Public Hearing held 4/25/84) (Tabled from 5/23/84). c) Bevelopers-Agreement- Declaration of Restrictions. SYNOPSIS OF ACTION: ORDINANCE NO. 0-84-,-37 PASSED. a) and b) APPROVED on second and ORDINANCE NO. 0-84- _PASSED. final reading. c) Beve�opers-Agreement - changed to Declaration of Restrictions and APPROVED with conditions. a) V/M Stein said the developer has submitted an agreement which complies with the request made at the last meeting with the exception that he has requested an extension to pay the Water and Sewer Agreement 18 months after the effective date as opposed to the 6 month requirement today. He said all other terms and conditions have been agreed to. Mr. Tralins said he met with Mr. Henning on 6/8/84 to review the Declaration of Restric- tions which constituted the initial Declaration of Restrictions and another checklist of matters that Mr. Rubin recommended. He said these were on two of Mr. Rubin's memorandums of 4/17/84, which had 9 items on it and his 5/21/84 memo. He said Mr. Toll took the position that there should be no requirement to pay guaranteed revenues with respect to this parcel because of its location. He said Mr. Henning recommended that if Mr. Tralins could convince Mr. Toll to pay guaranteed revenues then he would indicate to Council that extending the time would be something that is negotiable. Mr. Henning said that 6 month period is really a 1 year period because the agreement states that the unplatted property is entitled to 1 year. He said he thinks an additional 6 months on the payment of guaranteed revenues is a fair consideration for the concessions that are being received in the other portions of the restrictions. He said on the last paragraph where it states 6 months it should say "shall supersede the 6 month/1 year period of time set forth in said Water and Sewer Agreement". Mr. Tralins and Mr. Toll agreed to this change. Mr. Henning read Temp. Ord. #1100 by title and V/M Stein MOVED APPROVAL of Temp. Ord. #1100 on second and final reading, SECONDED by C/M Munitz. VOTE: ALL VOTED AYE b) Mr. Henning read Temp. Ord. #1101 by title and said Section 1 of this revised 4/25/84 Ordinance states "that those lands described in Exhibit A attached hereto and made a part hereof are hereby rezoned from I-1 to R-4A under the present City Code as may be amended from time to time". V/M Stein MOVED APPROVAL of Temp. Ord. #1101, SECONDED by C/M Munitz. Florence Bochenek, resident, asked if there was any type of stipulation in this rezoning as to what type of apartments would be placed there. Mr. Henning said this is open at the present and it is a difficult matter to restrict it one way or the other. fie said through the Condominium Lobby there are certain laws that have been established that prohibit special laws against condominiums, therefore, they cannot be denied either. - 23 - 6/13/84 /pm Mr. Rubin said Mr. Tralins has distributed the proposed Deed Restrictions for Tract 41 and they have been agreed to by Mr. Tralins with amendments to the following: 1. The density of the property shall not exceed 56 residential units. Mr. Tralins said this shall be changed to state the total number of units shall not exceed 56 residential units. 3. There shall be a minimum rear yard and side yard setback of 25-feet, adding the word "side yard". Mr. Tralins agreed to this. 7. Mr. Tralins said he changed this to read "the parking shall be provided in accordance with Tamarac's current Code of Ordinances" 8. Mr. Tralins said he changed this to read "at the time of platting the owner shall pay the Park and Recreational fees" rather than at the time the building permits are issued. Mr. Rubin referred to Page 2 of 4, Item 5 it should say "Development of the property shall require payment of water and sewer CIAC fees" and insert "for which the owner shall pay". Mr. Tralins agreed to this. Mr. Rubin said regarding water retention and water improvement, he asked the City Attorney whether these are included in prior agreements and can be excluded from this covenant. Mr. Henning said the arguments that were made in the past are that this is included in the stipulation of the settlement agreement. Mr. Tralins said Tract 41 is specifically identified in the compromise and settlement agreement and Leadership Housing prepaid water retention and water improvement fees. Mr. Tralins said they also added the language "6 month/1 year" as Mr. Henning recommended. VOTE: ALL VOTED AYE c) Mr. Tralins said this is a scrivener error and refers to the Deed of Restrictions just discussed. V/M Stein MOVED APPROVAL of the Developers Agreement subject to the changes stipulated today, adding the graphic sketch and signature of the owner of the property. SECONDED by C/M Dunne. Mr. Tralins said for clarification that the Developers Agreement which is normally referred to as a Water and Sewer Agreement is the Deed Restriction, therefore, there is still a requirement that the Developers Agreement be approved. VOTE: ALL VOTED AYE Mayor Kravitz said there will be a Reconvened Meeting on Wednesday, 6/20/84 at 10:00 A.M. 29. Patio Homes at Fairmont - Revised Site Plan - Temp. Reso. #3191 - Discussion and possible action on: a) Revised site plan for the recreation area. b) Water and Sewer Agreement SYNOPSIS OF ACTION: RESOLUTION NO. R-84- /J7PASSED. a) Reconsidered and APPROVED. b) Agendized by Lonsent. (See Page 14). APPROVED subject to execution by the proper City officials. a) Mr. Henning said staff has located a Water and Sewer Agreement signed by Mr. Toll for the 1 ERC which was submitted to Engineering. He said the City received a check a couple of months ago for the $1,530 and this is ready for approval. Mr. Rubin suggested Council Agendize by Consent a b) portion to this item for the Water and Sewer Agreement approval by Council. - 24 - 6/13/84 /pm C/M Munitz MOVED to RECONSIDER Item #29, SECONDED by V/M Stein. VOTE: ALL VOTED AYE a) Mr. Henning read Temp. Reso. #3191 by title and V/M Stein MOVED APPROVAL, SECONDED by C/M Dunne. VOTE: ALL VOTED AYE b) V/M Stein MOVED to Agendize by Consent the Water and Sewer Agree- ment for Patio Homes at Fairmont, SECONDED by C/M Munitz. VOTE: ALL VOTED AYE Mr. Henning said there is an amendment which has been proposed to the original Water and Sewer Agreement for Patio Homes at Fairmont Phase I which is for the additional ERC at a rate of $1,530. He said this has been paid several months ago and he suggested approval subject to execution by the proper City officials. V/M Stein so MOVED, SECONDED by C/M Munitz. VOTE: ALL VOTED AYE 33. Woodmont Plaza (McNab Road and NW 80 Avenue) - Status report on zoning by the City Attorney. Discussion and possible action. SYNOPSIS OF ACTION: TABLED. The City Attorney is to meet with Barry Eden to resolve problems and report to Council. Barry Eden, Attorney, said the status of this piece of property affects the property along McNab Rd. in Sections 4 and 5 in relation to the zoning that the City shows on the zoning maps. He said he would recommend a stipulation in the Weissing decision which he would submit to the City Attorney for Council's review. Mr. Henning said this property was zoned B-5 and is used for offices, etc. and this was done before Mr. Eden purchased it. He said Mr. Eden is now suggesting that he be entitled to County zoning as of 12/31/72 for this office plaza. He said the bank has moved leaving a vacancy there and Mr. Eden, in an attempt to rent the property would prefer to have the more liberal uses of his building that would come under the County Code. Mr. Henning said he has not made any conclusions as yet and he would suggest if the City does go to a stipulation that they find an appropriate present zoning classification stipulating that any further uses or development would be under the present City Code as may be amended from time to time. Mr. Eden said it is clear that the Court has ordered that they are entitled to what they are requesting. He said he would propose that he prepare a stipulation which he feels is reasonable, submit it to the City Attorney and after review he can make suggestions to Council. V/M Stein said he disagrees with Mr. Eden's inter- pretation of the Weissing decision and questioned why Mr. Eden paid fees which he thought were improper. Mr. Eden said he feels he was forced under duress to pay those fees. V/M Stein said he feels stipulations cannot be discussed until Council has a full report from the City Attorney, therefore, he MOVED to TABLE this matter until Council gets a report. C:/M Munitz suggested the City Attorney meet with the City Attorney to resolve problems and report to Council. V/M Stein agreed that this be part of the MOTION and C/M Munitz SECONDED. VOTE: ALL VOTED AYE -25 - 6/13/84 /pm 1_ J Mr. Henning requested Mr. Eden send him a list of the items to be included in the stipulation and Mr. Eden agreed to do that. 34. Belfort - Entrance Roadway and Guardhouse - Discussion and possible action on: a) Temporary waiver of platting process -- Temp. Reso. #3189 b) Approval of Hold Harmless and License Agreement c) Issuance of permits for this construction. cc�� SYNOPSIS OF ACTION: RESOLUTION NO. R-84- / /,7,_ PASSED. a) APPROVED with City Planner's recommendations, b) APPROVED, c) DELETED from the agenda since Council felt this was unnecessary. a) Mr. Henning read the Resolution by title and Richard Rubin said this is the second largest project in the Kings Point development which Council approved several weeks ago. He said the applicant has requested permission to build the entrance road before the property is platted in order to anticipate the season and the City has permitted such requests in the past provided a Hold Harmless Agreement and a License Agreement are given. He said a bond should also be given to the City for removal purposes and would recommend that the entrance road and guardhouse be permitted, that temporary waivers of platting be given provided Council approves a Hold Harmless and License Agreement and a bond be submitted. Marty Riefs, representing Belfort, said they have previously provided an executed Hold Harmless and License Agreement to the City Attorney and he said he would submit the cash bond for the possible demolition and removal in the amount of $2,100. C/M Munitz MOVED APPROVAL of 'Temp. Reso. #3189 subject to the discussions of the City Planner, SECONDED by V/M Stein. VOTE: ALL VOTED AYE b) V/M Stein MOVED APPROVAL of the Hold Harmless and License Agreement, SECONDED by C/M Dunne. vnTF- ALL VOTED AYE c) Mr. Rubin said now that a) and b) have been approved, the proper permits will automatically be issued at the appropriate time, therefore, this item is not necessary on the agenda. V/M Stein MOVED to DELETE this portion of the item since it is unnecessary, SECONDED by C/M Munitz. VOTE: ALL VOTED AYE 35. Ashmont - Discussion and possible action on: a) Revised site plan for Buildings F, H and I reflecting revisions to setbacks and meter rooms - Temp. Reso. Tape #3178. 9 b) Release of performance bond posted for canal bank sod behind Building D - _Temp. Reso. #3179 c) Disposition of a warranty bond posted for sanitary sewer system - Temp._Reso. #3180 d) Disposition of a warranty -bond posted for the water distribution system - Temp. Reso. #3181 SYNOPSIS OF ACTION: RESOLUTION NO. R-84- PASSED. APPROVED a),b),c) and d). RESOLUTION NO. R-84- / 9 PASSED. RESOLUTION NO. R-84- / 9�5-PASSED. RESOLUTION NO. R--84-_ /�'{, PASSED. - 26 - 6/13/84 /pm \J1 JI a) Mr. Henning read Temp. Reso. #3178 by title and Mr. Rubin said the applicant has requested placing meter rooms on the ends of buildings which is required by FP&L and the City Ordinance is so restrictive that even the addition of a 5' x 6' meter room requires revised site plan. He said staff recommends approval of this and V/M Stein so MOVED, SECONDED by C/M Munitz. VOTE: ALL VOTED AYE b) Mr. Henning read Temp. Reso. #3179 by title and C/M Stelzer said the City Engineer recommends release of the $770 cash bond for sod installation and he so MOVED, SECONDED by C/M Munitz. VOTE: ALL VOTED AYE c) Mr. Henning read Temp. Reso. #3180 by title and C/M Stelzer said the City Engineer recommends releasing the bond if the repairs are completed by 6/20/84 which is stated in the Resolution. C/M Stelzer MOVED APPROVAL of Temp. Reso. #3180, SECONDED by C/M Munitz. VOTE: ALL VOTED AYE d) Mr. Henning read Temp. Reso. #3181 by title and C/M Stelzer said the City Engineer recommends approval if the repairs are satis- factorily completed by 6/20/84 and he so MOVED, SECONDED by C/M Munitz. VOTE: ALL VOTED AYE 36. Kings Point - Canals in Tracts 12, 13 and 13A -- Discussion and possible action on: a) Release of a performance bond - Temp, Reso. #3184 b) Acceptance of Canal Maintenance Agreement and Declaration of Covenants - Temp. Reso. #3185 SYNOPSIS OF ACTION: APPROVED a) and b). RESOLUTION NO. R-84- / 9'7 PASSED. RESOLUTION NO. R-84-PASSED. a) Mr. Henning read Temp. Reso. #3184 by title and C/M Stelzer said the City Engineer recommends approval. V/M Stein so MOVED, SECONDED by C/M Dunne. VOTE: ALL VOTED AYE b) Mr. Henning read Temp. Reso. #3185 by title and he said this was submitted by the developer for maintenance and he recommended approval. V/M Stein so MOVED, SECONDED by C/M Munitz. VOTE: ALL VOTED AYE 44. Lakes of Carriage Hills - Temp. Reso. #3195 - Discussion and possible action to rescind a revised site plan approved by Resolution 84-58 and approval of a revised site plan for Buildings 3 and 11 reflecting revisions to footprint of buildings and reduction of units. SYNOPSIS OF ACTION: APPROVED with conditions. Mr. Henning said a Resolution is not prepared and he would ask Council to take action by Motion. Mr. Rubin said Ordinance 84-58 approved a site plan that reduced the overall development by 90 units. - 27 - 6/13/84 /pm J Mr. Rubin said the developer would like to recoup as many of those units as possible and the site plan before Council today would be for a total of 519 units. He said this only changes the footprint of Buildings 3 and 11 from the original site plan approved several years ago. He asked Council to make a Motion including 2 things: 1. to rescind 84-58 and 2. C/M Stelzer read: "Staff has repealed the revised site plan _._.. which changes the footprint of Buildings 3 and 11 and recommends the approval and adoption of the following MOTION: To rescind the site plan approval by Council included in 84-58, SECONDED by C/M Munitz. VOTE: ALL VOTED AYE C/M Stelzer said he would MOVED to APPROVE by Motion a revised overall site plan reflecting the footprint revisions to Buildings 3 and 11 subject to a parking layout on the south side of Building 12A to permit an additional 10 spaces with a maximum 519 dwelling units, to be in accordance with the drawings to be submitted at the meeting dated 6/13/84. _._SECONDED by C/M --. Munitz. VOTE: ALL VOTED AYE 42. Lake Colony (Brookwood Gardens) -- Discussion and possible action on: a) Release of a performance bond posted for public improve- ments upon receipt of a one-year warranty bond - Temp. Reso. #3182 b) Acceptance of the Bill of Sale for the water distribution and sewage collection system improvements - Temp. Reso. #3183 c) Bond posted for traffic light (tabled from 5/23/84) d) Lease Agreement for use of the facilities at this project for Recreation Department activities - Temp. Reso. #3061. SYNOPSIS OF ACTION: RESOLUTION NO. R-84- % % PASSED. a), b) and d) APPROVED, RESOLUTION NO. R-84-,2o o PASSED. c) TABLED at the request of the RESOLUTION NO. R-84- ,,7p / PASSED. City Attorney. a) Mr. Henning read Temp_._Reso. #3182 by title and said the City Engineer recommended approval per his memo of 6/5/84. He said the City is holding a $20,000 bond for the Traffic Light Agreement and the City Engineer is recommending this be used as the final bond for the punchlist. Neal Janov of Darby and Way, representing Bay Colony Properties, said the punchlist items cost estimate was approximately $10,000, the majority of which would be completed within the next 2 weeks. John Dow, representa_tve...of Bay Colony Properties, said they are asking that the performance bond be released and in its place they will give a warranty bond in addition to the $20,000 bond the City already holds. Mr. Henning said staff is recommending approval since there has been cooperation on the Traffic Light Agreement and the agreement to extend the deadlines which were imposed earlier. He said the work is expected to be completed shortly and the warranty period would not begin until the final sign -off by the City Engineer. V/M Stein MOVED APPROVAL of Temp. Reso. #3182, SECONDED by C/M Dunne. VOTE: ALL VOTED AYE b) Mr.Henning read Temp. Reso. #3183 by title and he said staff recommends approval. V/M Stein so MOVED, SECONDED by C/M Stelzer. VOTE: ALL VOTED AYE 6/13/84 /pm c) Mr. Henning recommended a tabling of the Traffic Light Agreement with the approval of the developer for further review. V/M Stein MOVED to TABLE this portion of the item, SECONDED by C M Dunne. VOTE: ALL VOTED AYE d) Mr. Henning read Temp. Reso. #3061 by --title- and said this is an item that he, Sharon Ellis and Mr. IDow worked on trying to get an agreement so that the City Recreation Department could make use of the recreation building at the Lake Colony complex. He said the agreement is short and has changed several times and ....... __ in substance. the City__agrees to pay for the utilities in use of the building. He said the rent is $25 per month with a 12 month lease and there is a cancellation provision of 60 days. He said the City may use the premises for City recreational facilities only, insuring them as any other City function is insured, holding them harmless for anything the City might do negligibly. He said the swimming pool and tennis courts would be excluded. V/M Stein MOVED APPROVAL of Temp. Reso. #3061, SECONDED by C/M Munitz. VOTE: ALL VOTED AYE 43. Woodmont Tracts 68/77 - Warranty Bond - Temp. Reso. #3186 - Discussion and possible action to call a warranty bond posted for public improvements. SYNOPSIS OF ACTION: REMOVED from the agenda at the request of the City Engineer. Mr. Henning said Council has received a memo from Bob Foy of the Engineering Department stating that there has been an extension to this bond and he requested this be removed from the agenda. V/M Stein so MOVED, SECONDED by C/M Munitz. VOTE: ALL VOTED AYE Mayor Kravitz recessed the meeting to the Reconvened Meeting to be held Wednesday, June 20, 1984 at 10:00 A.M. op % r I AYOR ATTEST: 6CA� ASSISTANT CITY CLERK This public document was promulgated at a cost of $ ,-;:Z ?/. G or $ 8•0 9 per copy to inform the general public and public officers and employees about recent opinions and considerations by the Council of the City of Tamarac. - 29 - 6/13/84 /pm . City Clerk J L