HomeMy WebLinkAbout1986-06-25 - City Commission Regular Meeting Minutesrq
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P.O. BOX 25010
TAMARAC, FLORIDA 33320
IrRECORD OF C U CIL DIOCUSSIONS AND ACTION
FIRST CLASS MAIL_.,__.
CITY OF TAMARAC
CITY COUNCIL
REGULAR COUNCIL MEETING
WEDNESDAY.- JUNE 251,1986
CALL TO ORDER: 9:00 A.M.
ANNOUNCEMENT OF TIME AJILOCATIQNS - MOTIQNS 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. MP YEE ERVIC AWARD - Presentation by the City Manager
Perretti of five-year pins to Larry Akers, Police
Department, Randy Correll, Fire Department, Robert Foy,
Engineering Department, and Glenwood Kelly, Utilities
West.
FINAL ACTION•
Presentations were made to Larry Akers, Randy Correll
and Bpb Foy.
2. CHARLES PETROZELLA - Presentation by Mayor Hart of a
proclamation in recognition of his contributions to the
City.
FINAL ACTION:
Presentation s made tg Charl_qs-Petroz-ella.
3. TAMA AC PRESIDENTS COUNCIL - Discussion and possible
action on a request to proclaim the week of October 20,
1986, as "Safety Awareness Week" and the use of Tamarac
Park for a display by Tamarac Police Department and the
Broward Sheriff's Office.
FINAL ACTION:
City Attorney is to prepare a proclamation for "Safety
AwarenessWeek" with -permission to use the vark.
,,.CONSENT AGENDA
4. Items listed under Item #2, Consent Agenda, are viewed to
be routine and the recommendation will be enacted by ong
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.
PAGE 1
6/25/86
a) Approval of the minutes of 6/18/86, Special Meeting,
as recommended by the City Clerk.
b) ESM Litigation Expenses - Approval to pay the fol-
lowing invoices:
1) English, McCaughan & O'Bryan invoice in the amount
of $ 874.79.
2) English, McCaughan & O'Bryan invoice in the amount
of $ 764.90.
3) English, McCaughan & O'Bryan invoice in the amount
of $ 702.91.
4) Peterson & Co. invoice in the amount of $5,100.94. 91
5) Esquire Reporting invoice in the amount of
$ 938.75.
c) Muller, Mintz, Kornreich, Caldwell, Casey, Crosland &
Brammnick, P.A. - Special Labor Counsel - Approval to
pay Invoice 1086 dated 6/3/86 in the amount of
$ 822.57.
d) Board of Adjustment - Announcement of the following
vacancies:
1 regular member for a 3-year term
1 regular member for a 2-year term
2 alternate members for a 1-year terms
e) Recreation Board:
1) Acceptance of the resignation of Matteo Quartararo
2) Appointment of Irving Cooper to this board -
Temp. Reso, „14192
f) Public Information Committee:
1) Acceptance of the resignation of Helen Rosen
2) Appointment of Dr. Nathan Aaronson to this
committee - Temp. Reso._#4193
g) Burglar Alarm Committee - Appointment of Harold Black
to this Committee - Tgnp. Reso. #4194
h) Kings Point Recreation Complex - TeMp. Reso. #4190 -
Release of warranty Letter of Credit #84693 in the
amount of $ 15,408.10 that expires 6/26/86 posted for
paving and drainage.
i) Ashmont Phase II - Temp. Reso,-#4191 - Release of
warranty Letter of Credit #83271 in the amount of
4,260.91 that expires on 9/4/86 posted for the
sanitary sewer systems.
j) Approval for James O'Brien, member of the City Safety
Committee, to attend a seminar on job safety in
Birmingham, Alabama, on 7/14/86.
k) Fire Department -- Approval to purchase a 4-cycle
Briggs & Stratton power unit for the Jaws of Life from
Counts Rescue Equipment at a cost of $ 2,380.00 as a
sole source item in lieu of bidding.
1) Temp. Reso. #4025 establishing procedures for
investment transactions - Approval to extend the
tabling action to a future meeting (tabled from
6/11/86) . 41
m) Bid award for long-term disability insurance - Temp.
Reso. #3919 - Rejection of all bids received under Bid
#85-36 as recommended by the Personnel Director.
n) Utilities West
1) Northwest Force Main - Project 84-6 - Approval to
solicit bids for this work.
PAGE 2
6/25/86
r
Gi
2) Acceptance of a 20-foot Tamarac Utilities West
Water and Sewer Utility Easement offered by
Harold Friedman along Nob Hill Road - Temp. ResQ,_
#4195.
3) Sludge Dewatering and Composting - Project 84-7
Temp. eso 4196 - Rejection of the grant offer
made to the City by Florida Department of Environ-
mental Regulation (DER) on October 11, 1985, in
the amount of $ 896,000.00.
4. R.J. Sullivan Corp. - 2.0 MG Water Storage Tank -
Project 84-19 - Payment of Invoice #1 dated
5/27/86 in the amount of $ 48,714.53.
5. Wellfield Protection Program (Fort Lauderdale
Pump Station) - Project 85-7 -
a) Approval of James M. Montgomery's proposal to
prepare specifications, bid evaluations,
recommendations for contract award and con-
struction management services.
b) Approval to solicit construction bids.
6. Rehabilitation of Wastewater Treatment Plant -
Project 85-19 - Award of a bid for a telemetering
system - Temp. eso. #4197.
7. Rehabilitation of Wastewater Treatment -
Project 85-19 - Award of construction bid for a
chlorination building and associated improvements
Temp. Reso. #4198.
8. Two City Consulting Engineering firms -- Approval
of two consulting engineering contracts with the
following firms:
a) Hazen and Sawyer
b) Russell & Axon
9. Approval to purchase a Flo -Tote electronic flow
monitor and hardware for 8-inch and 10-inch pipe
from Marsh-McBirney, Inc., at a cost not to exceed
$ 5,500.00, as a sole source item in lieu of
bidding.
10. Security System - Approval to solicit bids for a
security system for the existing Utilities West
plant site, and also for Tamarac Park Recreation
Building.
o) Ruf and Carsky Invoice for $3,520.16
p) Planning Commission - Appointment of Carl Warshaw as
an Alternate Member
SYNOPSIS OF ACTION:
APPROVED a) thru m)
and n-2) thru n-4),
and n-6) thru n-10) .
n-1) TABLED to 7/9/86
meeting.
n-5) REMOVED at the request
of the Utilities Director.
o) Agendized by Consent and
APPROVED.
p) Agendized by Consent and
APPROVED.
RESOLUTION NO. R-86-230 PASSED.
RESOLUTION NO. R-86-231 PASSED.
RESOLUTION NO. R-86-232 PASSED.
RESOLUTION NO. R-86-233 PASSED.
RESOLUTION NO. R-86-234 PASSED.
RESOLUTION NO. R-86--235 PASSED.
RESOLUTION NO. R-86-236 PASSED.
RESOLUTION NO. R-86--237 PASSED.
RESOLUTION NO. R--86-238 PASSED.
PAGE 3
6/25/86
GENERAL ADMINISTRATIy FIN&NCIAL
5. Mana9erial, Supervisory and Cgnfidenti,glEMplovees - Temp.
$esg. #4199 - Discussion and possible action on:
a) Adoption of a sick leave policy
b) Adoption of a long term disability program
FINAL ACTION:
TABLED at the requ,gst of Persg,nnel Dirgctor.
6. William„ .5,�y�_,Alliso-n, Ap"a,,,j,ser - Discussion and possible
action on:
a) Request by the City Manager to authorize a report at a
cost of $ 1,000.00 in order to establish the value of
Parcel "A" of Tamarac Industrial Park (Municipal
Parking Lot) (tabled from 6/11/86).
b) Appraisal Report on existing City Hall site and
Public Works site.
FINAL ACTION:
a - DENIED.
b - REPORT was siven,
7. Ex'stin Cit H ll and Public Works sites - Discussion and
Possible action on rezoning these two parcels of land.
_FINAL ACTION:
AUTHORIZING the City Attorney and the Chief Building
Official to determine the proper descriptions and zoning
categories for the . parcels of land and to present
to Council at the-7/9 meeting.
8. Broward Sheriff's Office - Discussion and report by the
City Manager on budget comparisons received from the BSO.
FINAL ACTION-
REP RT w s given,
9. Touche Ross & Co. - Auditors - Discussion and possible
action on action to recover fees for certain work
performed for the City (tabled from 6/11/86) .
FINAL AQTIQN:
REMOVED --from aqgnda.
10. Social services Van - Discussion and possible action on:
a) Purchase of a new van as an emergency sole source item
b) Appropriate budget amendment
FINAL ACTION:
a - APPROVED sole source purchase from Morse Dodge for
$15,200.00.
b - APPROVED the emergency transfer of $15,200.00 from
the Contingency Fund to the c'al a v'ces u
11. Durbin Paper Stock Company - Temp. Reso #4165 - Discussion
and possible action to approve execution of an agreement
with this firm to establish and maintain a paper recycling
facility at the City's Public Works facility (tabled from
6/11/86) .
FINAL C I RESO. 86-239 APPROVED
APPROVED.
ti
il I
14
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6/25/86
12. St. Malachy Church - Discussion and possible action on a
staff request to:
a) Waive the following fees associated with the recent
certificate of occupancy issued for St. Malachy's
School Classrooms:
$ 124.98 - Interim service and facilities fees
25.00 - CO inspection fee
3.00 - CO fee
b) Reimburse St. Malachy's the amount of $ 6,357.00 to
compensate the Church for the sidewalks that the City
will not install along University Drive.
FINAL ACTION:
a - APPROVED to waive fees.
b - APPR VED reimbuLsement of 357.00.
TAMARAC UTILITIES
13. Utilities West - Fluoridation - Discussion and possible
action on:
a) Report on program cost to the City
b) Approval of Addendum #3 with Hazen and Sawyer to
implement this program.
FINAL ACTION:
a - REPORT was given.
b - APPROVED.
c - AGENDIZED and ACCEPTED contribution from Dr. Abbey for
$5,000.00 to be used for this program.
d - AGENDIZED and AUTHORIZED City Engineer to place a
plaque on building for Dr. Abbey's contribution.
EDITORNOTE:
At the 6/11/86 Council meeting, the City Attorney deter-
mined that Addendum #2 should be prepared and signed by
Hazen and Sawyer deleting "8.0" for a flouridation system
on Page 1 and all references starting with "8.0" on Page 2
and Page 3. Any other language relating to flouridation
determined by staff should be deleted from this Addendum
before it is presented for signature. The City will need
a signed coRy from Hazen and. -Sawyer Prior to signature.
14. Utilities West - University Drive Utility Relocation
(Project 86-2) and 201 Pump Station and Force Main
(Project 86-5) - Discussion and possible action on:
a) Status report by a representative of Hazen and Sawyer
b) Authorization to solicit construction bids
FINAL ACTION:
a - REPORT was given.
b- AUTHORIZED ataff to gglipit bids
15. Utilities west - Electric Generator - Discussion and
possible action on a request to purchase a new generator
frame as an emergency, sole source item.
FINAL ACTION:
APPEMD to u ase r nc o1 sgurce.
16. s s Col n st Golf Course D e --
Discussion and possible action to waive bidding in order
to correct a drainage problem in this area.
FINAL ACTION•
APPROVED to waive bidding for work with written verifica-
tion -that property is not private.
PAGE 5
6/25/86
17. U�t hies East and West - Discussion and possible action
on staff recommendations to revise the rate schedules for
both the East and West Utility systems pertaining to ERC
rates, addition of a category for renters and for con-
struction meters, and implementation of a late payment
charge on past due balances.
FINAL ACTT
TABLED until the City Attorney prepares the necessary
documents.
18. Versaillss Ggrdens - Discussion and possible action on a
request for refund of a partial security deposit.
FINAL„ ACTION:
APPR ED efund with gubgeauent r-eview of Ordinance.
--------------------------------------------------------------
PUBLIC HEARING - 10:00 a.m.
19. Cguncil M>ing Times and Fre uenc - Tem. Ord #1263 -
Discussion and possible action to amend Code Section 2 11
to provide for the time and frequency of regular Council
meetings. Second Reading.
FINAL ACTION: ORD. 86-35 ADOPTED
AD PTED on secQnd ggading.'
20. Recreation Vehicle Parkin - Temp. Ord. #.1265 - Discussion
and possible action to amend Chapter 15 of the Code by
extending the period of time a recreation vehicle may be
parked in driveways for loading and unloading purposes.
Second Reading.
MAL ACTION: ORD. 86-36 ADOPTED
ADOPTED on second reading.
21. Disruption of Traff'c - Te rd. 1267 - Discussion and
Possible action to amend Chapter 15 of the Code by
creating a new Article III to prohibit the disruption of 14
traffic at certain locations within the City. Second
Reading.
FINU ACTION: ORD. 86-37 ADOPTED
ADOPTED on second rea n
---------------------------------------------------------------
'GAL AFFAIRS
22. Code Enforcement Bard - Discussion and possible action
on:
a) 12 1 ratifying Emergency Ordinance 86-33
which created this Board. First Reading.
b) Appointment of seven (7) members to this board to be
for the following terms - Temp. Reso,4202
Two members for a term of one-year
Three members for a term of two -years
Two members for a term of three -years
c) Temp. Rgso.4203 - Appointing the City Attorney as
counsel to this board.
FINAL A I N:
RESO. 86-241 APPROVED
RESO. 86-242 APPROVED
a - ADOPTED on first reading.
b - APPROVED the appointments of:
Barry Eden and Mervin Cohen for one-year term.
Morris Glicksman, Harold Black and Irving Tepper for
two-year terms.
Henry Schulman and Lawrence Schneider for three-year
terms.
c - AMOVED
41
PAGE 6
6/25/86
23. Local Optign_Gas TsIX -T so. #4201 - Discussion and
possible action to approve the Third Amendment to
Interlocal Agreement with Broward County providing for
division and distribution of the proceeds of the local
option gas tax imposed by the Broward County local option
gas tax ordinance.
FINAL ACTION: RESO. 86-243 APPROVED
APPRQYED,
24. AppQlntment Q,J_Assistant City Manager - Temp. Resg. #4188
- Discussion and possible action to ratify the appointment
of Larry Ferretti as Assistant City Manager.
FINAL ACTION: RESO. 86-244 APPROVED
APPR VED.
25. Anngxation - Discussion and possible action on:
a) Report by Staff
b) Retention of consulting planner for this project.
FINAL ACTION:
a - REPORT was given.
b - AUTHORIZE liaison to contact consultants for a fee to
hire Consultant Planner and then present report to
Council..
26. Municipal Complex -- Discussion and possible action on:
a) Selection of underwriter for general obligation bonds
b) Site Plan - Temp. Reso. 14206.
FINAL ACTION: RESO. 86-240 APPROVED
a -- AUTHORIZED Rothchild & Co. as Underwriter without
Amback Insurance also AUTHORIZED Finance Director to
research bids for insurance.
b - APPR VED.
27. Salary R view Committee - Temp #4189 - Discussion
�.� y. g_ Reso. o .
and possible action to appoint no less than five (5)
members to review the City Council salaries and expense
accounts and procedures.
FINAL ACTION: RESO. 86-245 APPROVED
APPROVED.
28. Tract-24 - t' ulation #22 - Discussion and possible
action to rescind a motion of the City Council which
approved this document on June 14, 1985.
FINAL ACTION:
APPROVED.
29. Animals - Temp. rd. #1273 - Discussion and possible
action to amend Code Section 4-2 pertaining to uncon-
trolled animals to define the term "owner" and to provide
penalties for violation of this section of the Code.
First Reading.
FI ACTION:
ADS( PTED • first r 4ding .
30. Photocopying Fees - Temp. Ord.•#1272 - Discussion and
possible action to amend Section 2-3.2 of the Code to
increase the purchase cost of City maps and blueprints.
First Reading.
FIMIL ACTION:
TABLEDt 1he re u st of the City Clerk.
PAGE 7
6/25/86
COMMUNITY DEYELQPMENT
31. Mobil Oil Corporation - Discussion and possible action on:
a) Rezoning Petition #12-Z--85 - Temp._ Qzd, 41219 -
Rezoning of lands at the southwest corner of Co-
mmercial Boulevard and State Road 7 from B-1
(Neighborhood Business) to B-3 (General Business).
Second Reading. (Public hearing held 9/26/85)
1. Acceptance of Affidavit of Publication and
Affidavit of Posting.
2. Consideration of application
b) Acceptance of Declaration of Restrictive Covenants -
s 3 68 (tabled from 12/11/85)
FINAL ACTION: ORD. 86-38 ADOPTED
RESO. 86-249 APPROVED
a - 1 - ACCEPTED.
b - 2 - APPROVED on second reading.
b - APPROVED with additional language in covenant that
_ convenience store be no larger than 1,200 sq. feet.
32. rgjgnv West Assgc,igtes - Rezoning Petition #3-Z-85 - Temp
Ord. #1169 - Discussion and possible action to rezone the
Shops of Tamarac Shopping Center (platted as Colony West
Shopping Center) (less the lands and building
owned by Broward County for a Library) from B-1
Neighboring Business) to B-2 (Planned Business). Second
Reading. (Public Hearing held 3/13/85) (tabled from
10/23/85)
FINAL ACTION:
TABLED to 7/9 meeting for beautification planning and
parking authorizing the City Attorney to investigate the
legality f the time lgpsgfor thp tpublic earin
33. Tamarac 9gujre West - Revised Site Plan - Temp. Reso.
441148 -
a - Discussion and possible
reflecting elimination of an
parking (tabled from 6/6/86)
FINAL ACTT
action on a revised site plan
outparcel and additional
a)
RESO. 86-246 APPROVED
b)
RESO. 86-248 APPROVED
C)
RESO. 86-247 APPROVED
a - APPROVED
Reso. 4148.
b - AGENDIZED
by consent -
APPROVED amendment to
Developers
Agreement.
c - AGENDIZED
by consent -
Revised
Canal Maintenance
Easement
- APPROVED Reso. 4200.
d -- AGENDIZED
by consent -
Revised
Ingress/Egress Easement
- APPROVED Reso. 4204.
e -- AGENDIZED
by consent -
Revised
parking covenant -
APPROVED.
34. Jasmine - Revised Site Plan - Temp. Reso. #4208 -
Discussion and possible action on a revised site plan to
upgrade landscaping, addition of security gate and
increase of square footage of units.
FINAL ACTION:
TABLEDfgr Prepiaration of Rgsolution,
7
41
PAGE 8
6/25/86
35. Tam"sg Mgdj ca;l__,,, fice_.,Buildina - Discussion and possible
action on:
a) Site Plan - Temp. s 4209
b) Plat - Tgmp. ggso. #4210
c) Landscape Plan
d) Water and sewer Developers Agreement
e) Water Retention Agreement
(to be located on the west side of University Drive
between NW 71 Court and NW 78 Street, north and west of
University Community Hospital)
FINAL ACTION:
TABLED lack t'fic to of
36. BoardWalk ARartments ncor i11 II - Administrative
Facility - Discussion and possible action on a temporary
administrative office to be located in Building 3, Unit
8758.
Ej—NM ACTI
APP VED fog 6 months.
37. Edgewater Village - Model Sales Facility -- Discussion and
possible action to approve a model sales permit on Lot 9
of Block 4.
Fj-NAL ACTION•
APPROVED for 6Months.
REPORTS
38. City Council
39. City Manager
40. City Attorney
16 AGENDIZEDEY CONSENT:
41. TUW Authorization to bid the cleaning, patching and
recoating of the 1.0 million gallon TUW plant site and 2.0
million gallon Grants water storage tanks.
FINAL ACTION:
AGENDIZED by consent - APPROVED to solicit bids at an
estimated cost of 000.00.
42. TUW - Pro' ct 85-27 - Filters 3 and 4 rehabilitation -
Authorization for the transfer of $20,000.00 from the
Appropriated Fund to the R & R Fund.
FINAL_ ACTION:
AQENDIZEDby-consent - APPROVED transfgr.
43. Pengion Dgard - E enc rd'n nc 1253 - first and
second reading.
I ACTION: ORD. 86-234 ADOPTED
GENDI ED by consent - AD PTED first and s cond leading.
PAGE 9
6/25/86
44. PROJECTED DEPARTMENTAL BIJD ET MMA Y F Y 1986-87 -
a - Discussion and Report on budget summary.
b - Discussion and possible action on City Council
referendum to change Charter budget date from July 1,
1986 to July 31, 1986.
FINAL ACTI
AGENDIZED by consent.
a - Report given by City Manager.
b - AUTHORIZATION for City Attorney and City Manager to
prepare the proper legislation to place a Charter
Amendment on the November ballot to change budget
submitted date from July 1 to Aug 1.
The City Council may consider and act upon such other business
as may come before it.
Pursuant to Chapter 286.0105, Florida Statutes, if a person
decides to appeal any decision made by the City Council with
respect to any matter considered at such meeting or hearing, he
may need to ensure that a verbatim record of the proceedings is
made which record includes the testimony and evidence upon
which the appeal is based.
Marilyn Bertholf, C.M.C.
City Clerk
PAGE 10
6/25/86
CITY OF TAMARAC, FLORIDA
I
1
REGULAR CITY COUNCIL MEETING
June 25, 1986
Tape 1
CALL TO ORDER: Mayor Hart called the meeting to order on
Wednesday, June 25, 19,86, at 9:00 a.m. in the Council Chambers.
ROLL CALL: PRESENT:
Mayor Bernard Hart
Vice Mayor Sydney M. Stein
Councilwoman Helen Massaro
Councilman Jack Stelzer
Councilman Arthur H. Gottesman
ALSO PRESENT:
Larry Perretti, City Manager
A. Bryant Applegate, City Attorney
Marilyn Bertholf, City Clerk
Pauline Walaszek, Secretary
MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Hart called for a
Moment of Silent Meditation followed by the Pledge of Allegiance.
GENERAL ADMINISTRATIVE FINANCIAL
5. Man eri 1 Supervisory and Confident' 1 Employees --
Temp. Reso. #4199 - Discussion and possible action on:
a) Adoption of a sick leave policy
b) Adoption of a long term disability program
SYNOPSIS OF„ACTION: TABLED
at the request of Personnel
Director.
C/M Stelzer MOVED to TABLE this item at the request of the
Personnel Director, V/M Stein SECONDED.
VOTE:
ALL VOTED AYE
9. Touche Ross & Co_ - Auditors - Discussion and possible action
to recover fees for certain work performed for the City
(tabled from 6/11/86)
SYNOPSIS OF_ACTION: REMOVED
from agenda.
C/M Stelzer MOVED to REMOVE this item from the agenda because no
action could be taken, C/M Gottesman SECONDED.
VOTE:
LEGAL AFFAIRS
ALL VOTED AYE
30. Photocopying Fees - Temp. Qa:d. #1272 -- Discussion and possible
action to amend Section 2--3.2 of the Code to increase the
purchase cost of City maps and blueprints. First Reading.
SYNOPSIS OF ACTION: TABLED
at the request of the City
Clerk.
C/M Stelzer MOVED to TABLE this item at the request of the City
Clerk. V/M Stein SECONDED.
TE: ALL VOTED AYE
1
6/25/86
/pm
4. Consent__Aggnda -
n - 1) Northwest Force Main - Project 84-6 - Approval to
solicit bids for this work.
SYNOPSIS OF ACTION: TABLED
at the request of the Utilities:,
Director.
C/M Stelzer MOVED to TABLE n-1) at the request of the Utilities
Director, C/M Gottesman SECONDED.
VOTE: ALL VOTED AYE
n - 5) Wellfield Protection Program (Fort Lauderdale Pump Station)
Project 85-7:
a) Approval of James M. Montgomery's proposal to prepare speci-
fications, bid evaluations, recommendations for contract award
and construction management services.
b) Approval to solicit construction bids.
SYNQPSIO QF ACTION: REMOVED
at the request of the Utilities
Director.
C/M Stelzer MOVED to REMOVE n-5) at the request of the Utilities
Director, C/M Gottesman SECONDED.
VQTE: ALL VQTED AYE
TAMARAC UTILITIES
41. TUW - Authorization to bid the cleaning,. Ratching._and
recoating of the 1.0 ]pillion gallon TUW_Rl_an_t site and 2.0
million gallon Grants water storage tanks - Discussion and
possible action.
YN P I OF ACTION: Agendized
by consent at the request of
Utilities Director.
(See Page 35)
C/M Stelzer MOVED to AGENDIZE this item by Consent at the request
of the Utilities Director, C/M Gotta'sman SECONDED.
VQTE: ALL VOTED AYE
42. TILW- - PgQJ9ct 85-27 - Filters 3 and 4 Rehabilitation -
Authorization for the transfer of $20,000.00 from the
Appropriated Fund to the R & R Fund -- Discussion and possible
action.
SYNOPSIS_OF_ACTIO: Agendized
by consent at the request of the
Utilities Director.
(See Page 35)
C/M Stelzer MOVED to AGENDIZE this item by consent at the request
of the Utilities Director, V/M Stein SECONDED.
VOTE: ALL VOTED -AYE
2
6/25/86
/pm
COMMUNITY DEVELQPMENT
33. Tamarac Square West - Revised Site Plan
- TpMp.
Reso,#4148 -
Discussion and possible action on:
a) Discussion and possible action on
a revised
site plan
reflecting elimination of an outparcel
and
additional
parking (tabled from 6/6/86)
b) Amendment to Developers Agreement.
c) Revised Canal Maintenance Easement
d) Revised Ingress/Egress Easement -
— Tempo
Temp._Reso.
Reso* t4200
#4204
e) Revised parking covenant
,SYNOPSIS OF ACTION_:
b), c), d) and e) were
Agendized by Consent at the
request of the City Clerk.
(See Pages 21 thru 30).
C/M Stelzer MOVED to AGENDIZE b), c), d),
and e) by
Consent at the
request of the City Clerk, V/M Stein SECONDED.
VOTE:
C/M Gottesman
Aye
C/M Stelzer
Aye
C/W Massaro
Nay
V/M Stein
Aye
Mayor Hart
Aye
CONSENT AGENDA
4. Consgnt Agenda -
o) Ruf and Carsky bill for $3,520.16.•
SYNOPSIS OF ACTION: Agendized
by Consent.
(See Pages 2, 4, 6, 7 & 8).
C/M Stelzer MOVED to Agendize this item by Consent.
V/M Stein SECONDED.
VOTE: ALL -VOTED AYE
GENERAL ADMINISTRATIVE/FINANCIAL
43. Pension Board -- EMergency ordinance#1253 - First and Second
Reading.
SYNOPSIS OF ACTION: Agendized
by Consent at the City Attorney's
request.
(See Page 35).
City Attorney Applegate requested this item be Agendized by
Consent due to an error made by Staff.
C/W Massaro MOVED to Agendize this item by Consent.
C/M Stelzer SECONDED.
YQTE:
ALL VOTED AYE
44. P o' ct d deRartmgntal budgets summary f r F Y 1 8 87 -
Discussion and possible action on:
a) Discussion and Report on budget summary.
b) City Council referendum to change Charter budget date from
July 1, 1986 to July 31, 1986.
SYNOPSIS F ACTION: Agendized
by Consent at the City Manager's
request. (See Page 36).
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6/25/86
/pm
Larry Perretti suggested this item be Agendized by Consent and
V/M Stein so MOVED, SECONDED by C/W Massaro.
VOTE; ALL VOTED AYE
CONSENT AQENDDA
4. C ns nt Agenda -
p) Appointing Carl Warshaw as an Alternate Member to the Planning
Commission.
SYNOPSIS OF ACTION: AGENDIZED
by consent.
(See Pages 2, 3, 6, 7 & 8).
At Mayor Hart's suggestion, C/M Stelzer MOVED to Agendize this
item by Consent, C/M Gottesman SECONDED.
VOTE: ALL VOTED AYE
PRESENTATIONS AND AWARDS
1. Zmplovgg Servic9Awards - Presentation by City Manager
Perretti of five-year pins to Larry Akers, Police Department,
Randy Correll, Fire Department, Robert Foy, Engineering
Department, and Glenwood Kelly, Utilities West.
SYNOPSIS OF ACTION: Presentations
were made to Larry Akers, Randy Correll,
and Robert Foy, who also accepted the pin
for Glenwood Kelly.
Larry Perretti presented the pins and Bob Foy accepted the pin for
Glenwood Kelly who could not attend the meeting.
2. Charleg Petrogella - Presentation by Mayor Hart of a
proclamation in recognition of his contributions to the City.
SYNOPSIS OF ACTION: Presentation
was made by the City Manager.
Larry Perretti presented a Certificate of Appreciation to
Charles Petrozella in recognition of the Civic Service
Mr. Petrozella performed for the City. Mr. Perretti informed the
public that Mr. Petrozella donated his trailer to the City.
V/M Stein, speaking as Liaison for the Building Department,
announced that Robert Kegan, Chief Building Inspector, passed
certification with the Council of the American Building Officials,
which makes him eligible as a State Certified Building Official.
V/M Stein also announced that Robert Jahn is now certified in the
Conference of the American Building Officials.
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6/25/86
/pm
3. Tamarac Presidents Council: - Discussion and possible action
on a request to proclaim the week of October 20, 1986, as
"Safety Awareness Week" and the use of Tamarac Park for a
display by Tamarac Police Department and the Broward Sheriff's
Office.
SYNOPSIS OF ACTION: City
Attorney is to prepare a
proclamation for "Safety
Awareness Week" with
permission to use the
park.
Norman Karr, member of Safety Committee of the President's
Council, requested Council proclaim the week of 10/20/86, "Safety
Awareness Week" in memory of Albert Young, who had been the Safety
Chairman of the President's Council for many years and secured
numerous safety features in the City. He said the plans include
cooperating with the Chamber of Commerce for commercial exhibits,
and the Broward Sheriff's Office, Tamarac Police and Fire
Departments for demonstrations and programs for Safety Awareness.
C/M Stelzer MOVED to direct the City Attorney to prepare the
proper proclamations for the next Council meeting.
V/M Stein suggested C/M Stelzer's Motion be amended to include
permission to use the Park.
C/M Stelzer AMENDED his MOTION as V/M Stein suggested.
V/M Stein SECONDED.
C/W Massaro said this would not be a required City function;
therefore, the President's Council would need to provide the
necessary insurance required for the function.
Mr. Applegate said C/W Massaro was correct, not only would proof
of insurance be needed, but also a Hold Harmless Agreement would
have to be approved by a Resaolutiontfor the use of City property.
He agreed to draft the Hold Harmless Agreement with the
appropriate Resolution.
Mr. Karr said his Committee would take care of the necessary
details.
Mayor Hart asked the City Attorney what the affect would be if
the City was jointly sponsoring this and Mr. Applegate replied
that he understands the only involvement the City will have in the
event is by a Proclamation declaring that week to be "Safety
Awareness Week".
Mayor Hart suggested that Norman Karr contact the City Attorney to
outline what is required and who will be the sponsor so it can be
ready for the next Council meeting.
C/W Massaro said she felt the City is taking a big risk getting
involved because this is for one person and she felt there are
many other people who deserve the same honor.
Mayor Hart said when the subject is presented at the next Council
meeting, there would be time for discussion.
Mr. Applegate said his office is only going to be handling the
legal aspects and the policy decisions would be implemented by
Council and the appropriate Staff.
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6/25/86 %
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C/W Massaro said she is trying to clarify if Council is doing what
the agenda calls for. She said she felt if the City is involved,
then there will be an expense to the City. She asked the City
Attorney if he will be looking at this as only a Presidents
Council affair.
Mr. Applegate said the information he received this morning was
to prepare a Proclamation and work with the Presidents Council and
appropriate staff to prepare a Hold Harmless Agreement for any use
of City property by the organization.
Mr. Perretti replied that using the Tamarac Police and Fire
Departments, particularly in the daytime, would require additional
manpower which would need additional monies that have not been
budgeted.
V/M Stein said the drawing of the Proclamation and authorization
to use the Park are the only things that have been suggested. He
said at the next meeting there can be discussion on the item.
VOTE: ALL VOTED AYE
CONSENT AGENDA
4. Consent Agenda -
a) Approval of the minutes of 6/18/86, Special Meeting, as
recommended by the City Clerk.
b) ESM Litigation Expenses - Approval to pay the following
invoices:
1) English, McCaughan & O'Bryan invoice in the amount of
$874.79.
2) English, McCaughan & O'Bryan invoice in the amount of
$764.90.
3) English, McCaughan & O'Bryan invoice in the amount
of $702.91.
4) Peterson & Co. invoice in the amount of $5,100.94.
5) Esquire Reporting invoice in the amount of $938.75.
c) Muller, Mintz, Kornreich, Caldwell, Casey, Crosland &
Brammnick, P.A. - Special Labor Counsel - Approval to pay
Invoice 1086 dated 6/3/86 in the amount of
$822.57.
d) Board of Adjustment - Announcement of the following
vacancies:
1 regular member for a 3-year term
1 regular member for a 2-year term
2 alternate members for a 1-year terms
e) Recreation Board:
1) Acceptance of the resignation of Matteo Quartararo
2) Appointment of Irving Cooper to this board -
Tpmp, RV.SQ. #4192
f) Public Information Committee:
1) Acceptance of the resignation of Helen Rosen
2) Appointment of Dr. Nathan Aaronson to this
committee - Temp. s 4193
g) Burglar Alarm Committee - Appointment of Harold Black to this
Committee - Tgmp. Rgso.,44194
R
6/25/86
/pm
h) Kings Point Recreation Complex - s 4190 - Release
of warranty Letter of Credit #84693 in the amount of $
15,408.10 that expires 6/26/86 posted for paving and drainage.
i) Ashmont Phase II - Temper Reso. #4191
- Release
of warranty
Letter of Credit #83271 in the amount
of 4,260.91
that
expires on 9/4/86 posted for the sanitary sewer
systems.
j) Approval for James O'Brien, member of
Committee, to attend a seminar on job
the City
safety in
Safety
Birmingham,
Alabama, on 7/1.4/86...
k) Fire Department - Approval to purchase a 4-cycle Briggs &
Stratton power unit for the Jaws of Life from Counts Rescue
Equipment at a cost of $ 2,380.00 as a sole source item in
lieu of bidding.
1) Temp. Reso, #402.5 establishing procedures for investment
transactions - Approval to extend the tabling action to a
future meeting (tabled from 6/11/86).
m) Bid award for long-term disability insurance - Temp. so.
#3919 -- Rejection of all bids received under Bid #85-36 as
recommended by the Personnel Director.
n) Utilitie.s West
1) Northwest Force Main - Project 84-6 - Approval to
solicit bids for this work.
2) Acceptance of a 20-foot Tamarac Utilities West
Water and Sewer Utility Easement offered by
Harold Friedman along Nob Hill Road - so.
#4195.
3) Sludge Dewatering and Composting - Project 84-7
Temp. Reso #4196 - Rejection of the grant offer
made to the City by Florida Department of Environ-
mental Regulation (DER) on October 11, 1985, in
the amount of $ 896,000.00.
4) R.J. Sullivan Corp. - 2.0 MG Water Storage Tank -
Project 84-19 - Payment of Invoice #1 dated
5/27/86 in the amount .of $ 48,714.53.
5) Wellfield Protection Program (Fort Lauderdale
Pump Station) - Project 85--7 -
a) Approval of James M. Montgomery's proposal to
prepare specifications, -bid evaluations,
recommendations for contract award and
construction management services.
b) Approval to solicit construction bids.
6) Rehabilitation of Wastewater Treatment Plant -
Project 85-19 - Award of a bid for a telemetering
system -- Temp, es 4197.
7) Rehabilitation of Wastewater Treatment -
Project 85-19 - Award of construction bid for a
chlorination building and associated improvements
Temp. Rgso. #4198.
8) Two City Consulting Engineering firms - Approval
of two consulting engineering contracts with the
following firms:
a) Hazen and Sawyer
b) Russell & Axon
6/25/86
/pm
9) Approval to purchase a Flo -Tote electronic flow
monitor and hardware for 8-inch and 10-inch pipe
from Marsh--McBirney, Inc., at a cost not to exceed
$ 5,500.00, as a sole source item in lieu of
bidding.
10) Security System - Approval to solicit bids for a
security system for the existing Utilities West
plant site, and also for Tamarac Park Recreation
Building.
o) Ruf and Carsky Invoice for $3,520.16
p) Planning Commission - Appointment of Carl Warshaw as
an Alternate Member
SYNOPOIS QF ACTION:
APPROVED a) thru m)
and n-2) thru n-4),
and n-6) thru n-10) .
n-1) TABLED to 7/9/86
meeting.
n-5) REMOVED at the request
of the Utilities Director.
o) Agendized by Consent and
APPROVED.
p) Agendized by Consent
APPROVED. (See Pages 2,
RESOLUTION NO. R-86-230 PASSED.
RESOLUTION NO. R-86-231 PASSED.
RESOLUTION NO. R-86-232 PASSED.
RESOLUTION NO. R-86-233 PASSED.
RESOLUTION NO. R-86-234 PASSED.
RESOLUTION NO. R-86-235 PASSED.
RESOLUTION NO. R-86-236 PASSED.
RESOLUTION NO. R-86-237 PASSED.
RESOLUTION NO. R-86-238 PASSED.
and
3 & 4).
C/M Stelzer MOVED to APPROVE the Consent Agenda with the
exception of n-1), which was TABLED, and n-5), which was
REMOVED, C/M Gottesman SECONDED.
VOTE ALL VOTED AYE
TAMARAC TILITIE :
13. Utilities, West - Fluoridgttion - Discussion and possible
action on:
a) Report on program cost to the City.
b) Approval of Addendum #3 with Hazen and Sawyer to
implement this program.
c) Accepting contribution from Dr. Abbey for $5,000.00 to be
used for this program.
d) Authorization for City Engineer to place a plaque on
building for Dr. Abbey's Contribution.
EMPSIS OF ACTION:
a) Report was given.
b) APPROVED.
c) Agendized by Consent and
ACCEPTED contribution from
Dr. Abbey for $5,000.00 to
be used for this program.
d) Agendized by Consent and
AUTHORIZED the City Engineer
to place a plaque on building
for Dr. Abbey's contribution.
1
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1
Bill Greenwood, Utilities/Engineering Director, said the State
would pay for the containment around the tank holding liquid
fluoride along with the installation cost and the only way to
know the cost, is to go to bid.
C/W Massaro asked where the change came in since she recalled
that the State said there would be no charge to the City except
for the chemicals needed after construction. Mr. Greenwood
explained that the local cost for the City would be $5,000.00.
C/W Massaro said there had been no cost to the City for the
initial installation and she.asked where and when the change
occurred. Mr. Greenwood said with grants there are eligible and
non -eligible items. He said on this particular project, an
estimate of $5,000.00 has been given as the local share.
C/M Stelzer said the original proposal indicated a grant of
approximately $47,000.00 and there was always an indication that
there would be a $5,100.00 cost to the City, which would consist
of Consulting and Engineering fees which the grant would not
cover.
V/M Stein said if needed, Dr. Abbey would contribute $5,000.00 to
the project. C/M Stelzer said Dr. Abbey came to see him and, in
appreciation of the City adopting the fluoridation program, he
would like to make a contribution of up to $5,000.00.
V/M Stein said if Dr. Abbey's contribution is needed, the City
would only pay $100.00. C/W Massaro said she feels the City is
being charged too much for this project and she needs to question
it.
C/M Stelzer said he would like to follow through on the -contribu-
tion from Dr. Abbey. V/M Stein said the money is not needed until
there is a number for the project.
Mayor Hart said the City can not accept a contribution up to
$5000.00 because it would be premature. He said it would be
wiser to find out exactly what the cost of the project would be to
the City and discuss if this project is a function of the City or
whether the money would be accepted.from an individual for the
project.
C/M Stelzer said Dr. Abbey is not making the contribution to help
the City but in appreciation for the City adopting the
fluoridation program.
C/M Stelzer MOVED to Agendize the contribution of Dr. Abbey in an
amount up to $5,000.00, V/M Stein SECONDED.
VOTE ALL VOTED AYE
C/M Stelzer MOVED to ACCEPT the contribution from Dr. Abbey in the
amount up to $5,000.00. C/M Gottesman SECONDED.
VOTE: ALL_VOTED__AYE
C/M Stelzer MOVED to authorize the Utilities Director to place a
plaque on the building indicating the City's appreciation to
Dr. Abbey for contributing to fluoridation for the..City..
V/M Stein SECONDED.
VOTE: ALL VOTED AYE
Mr. Greenwood said $5,100.00 is for Consulting Engineering
Services to design the project which would include the mechanical,
foundation, electrical and containment equipment.
9
6/25/86
/pm
C/W Massaro asked if the State would pick up this cost and
Mr. Greenwood said engineering costs are an ineligible cost which
would be reimbursable.
Tape 2
V/M Stein MOVED to APPROVE Addendum #3, SECONDED by C/M Stelzer.
VOTE:
C/M Gottesman
Absent
C/M Stelzer
Aye
C/W Massaro
Aye
V/M Stein
Aye
Mayor Hart
Aye
14. Utilities West - University Drive Utility t'on (Project
86-2) and 201 Pump -Station and Force Main (Project
86-5) - Discussion and possible action on:
a) Status report by a representative of Hazen and Sawyer
b) Authorization to solicit construction bids
SYNOPSIS OF ACTION:
a) Report was given.
b) AUTHORIZED Staff to
solicit bids.
V/M Stein said Council was informed that the lower building, the
contact tank and the Sewage Treatment Plants will be removed. He
said that the Storage Building will be removed and the Utilities
and Engineering Offices will be relocated. He said the
Maintenance Center will be relocated and the Pump Station,
Equalization Tank and bio-filter will be removed. He said there
will not be Storage tanks except one Water Storage tank on the
property. He said after removal of all the above, the County will
own the Pump Station, which is being deeded to the County with a
revert. He said the Wastewater system will be in the past once
the new system is finished.
Mr. Greenwood said at the end of July, Utilities will need to
place (Project 86-2 and 86-5) for competitive bidding. He said
the estimated construction cost for University Drive relocation
will be $1,300,000.00 and the construction cost estimate for the
201 Pump Station and Force Main will be $5,333,000.00. He said
the bids should be in hand and tabulated before 9/11/86 to be
brought to Council.
C/M Stelzer MOVED to AUTHORIZE Staff to solicit bids, SECONDED
by C/W Massaro.
V/M Stein said the Utility Bonds have been sold and the money for
the entire project is available.
VOTE:
PUBLIC HEARINGS
ALL YQTED AYE
19. -Council Meeting_ Times_ and Frequency - Temp. Ord=-j#1263 -
Discussion and possible action to amend Code Section 2.11 to
provide for the time and frequency of regular Council
meetings. Second Reading.
SYNOPSIS OF ACTION:
APPROVED on second and
final reading. Public
hearing was held.
ORDINANCE NO. 0-86-35 PASSED.
1
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6/25/86
/pm
C
Mr. Applegate read Temp. Ord._#1263 by title.
Mayor Hart opened and closed the public hearing with no response.
V/M Stein MOVED to APPROVE Temp, Ord. #1263. on Second Reading.
C/M Stelzer SECONDED.
VOTE
ALL VOTED AYE
20. $ecreation Vehicle Parking - Temp. Ord. #1265 - Discussion and
possible action to amend Chapter 15 of the Code by extending
the period of time a recreation vehicle may be parked in
driveways for loading and unloading purposes. Second Reading.
YNOPSIS OF ACTION: ORDINANCE NO. 0-86-36 PASSED.
APPROVED on second and
final reading. Public
hearing was held.
Mr. Applegate read TeMy, Ord._41265 by title.
Mayor Hart opened -and closed the public hearing with no response.
C/M Gottesman MOVED to APPROVE TeMp. Ord 1265 on Second
Reading. C/M Stelzer SECONDED.
VOTE:
ALL VOTED AYE.
21. Disruption of Traffic - Temp.. Ord. #1267 - Discussion and
possible action to amend Chapter 15 of the Code by creating a
new Article III to prohibit the disruption of traffic at
certain locations within the City. Second Reading.
SYNOPSIS OF ACTION:
APPROVED on second and
final reading. Public
hearing was held.
ORDINANCE NO. 0-86-37 PASSED.
Mr. Applegate read Temp. Ord. #1267 by title.
Mayor Hart opened the public hearing. Vicki Beech, resident,
asked if disruption of traffic could be clarified.
Mr. Applegate said no person shall willfully stand upon, walk
upon, place objects -upon or otherwise occupy a vehicular street,
roadway or thoroughfare except for the limited purpose of crossing
from one side thereof to the other.
C/M Gottesman -MOVED to APPROVE Te d 1267 on Second Reading.
C/M Stelzer SECONDED.
VOTE: ALL VOTED _AYE
TAMARAC UTILITIES
15. Utilities West - Elgctric Generator - Discussion and possible
action on a request to purchase a new generator as an
emergency, sole source item.
SYNOPSIS OF ACTION:
(See Page 17).
APPROVED purchase as
emergency, sole source.
11
6/25/86
/pm
Mr. Greenwood explained that the main emergency generator was hit
by lightning last year. He said the FP&L main transformer was
also affected and was replaced, there had been numerous repairs
and the generator could be used for no more than 9 hours. He
explained that the repairs have cost $10,280.40 to date and there
is no way for the generator to be repaired.
Mr. Greenwood asked if a new generator may be installed in the
amount of $17,717.00, transportation/labor of $1,800.00 and then
crediting the City for the repairs to date in the amount of
$10,280.00.
C/W Massaro asked if $10,280.00 is being credited by the repairs
and Mr. Greenwood said they will credit the new generator.
C/W Massaro asked if there was an appropriation for the bill and
Mr. Greenwood replied that a request has been made and an R & R
certificate has been received.
C/W Massaro MOVED to APPROVE the purchase of the generator in the
amount of $9,236.00, C/M Gottesman SECONDED.
C/M Stelzer asked if the City had any insurance coverage for
lightning striking and C/W Massaro said at one time, the City had
all their equipment insured.
Irving Tepper, resident, asked if there will be lightning
arrestors on the equipment and Mr. Greenwood said that lightning
protection devices have been installed.
VOTE: ALL VOTED AYE
16. Utilities West/CQlony WestGolf Coursp Dr n e - Discussion
and possible action to waive bidding in order to correct a
drainage problem 'in this area.
_SYNOPSIS OF ACTION:
APPROVED waiving of bidding for
work with written verification
that property is not private.
Mr. Greenwood explained that the drainage on the Colony West Golf
Course is not useable and is under -sized. He said the requirement
is for installation of four 24-inch pipes in the area to replace
the one that is presently there. He said Mike Couzzo, Public
Works Director, requested the pipe be purchased in the amount of
$6,950.00 under the County contract.
Mr. Greenwood said investigating other price quotes, Public Works
has found that the County project cost would be more than the
quote they received of $6,215.20, which would be a savings of
$734.80. He requested waiving the necessary bidding process
because of this being an emergency condition.
Mr. Applegate said as long as this request is considered an
emergency situation, he would not object to staff's determination.
C/W Massaro asked if the Colony West drainage problem was the
City's responsibility.
12
6/25/86
/Pm
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Mr. Greenwood explained that the City's main drainage system from
61 St. drains across Tamarac Utilities West property into the canal
system on the property of Colony West and the piping is under the
operation, maintenance and control of the Department of Public
Works.
V/M Stein MOVED to WAIVE the bidding on the necessary drainage pipe
for Utilities West/Colony West Golf Course drainage. SECONDED
by C/M Stelzer.
C/M Stelzer asked if the Concord Village drainage problem will be
alleviated with the new drainage piping and Mr. Greenwood replied
that the Concord Village problem is a separate problem.
C/M Gottesman questioned if the Colony West Golf Course would share
any responsibility in the new piping and Mr. Greenwood said it is
the City's responsibility.
C/W Massaro asked if it was certain that the City will not be doing
work on. Concord Village property and Mr. Greenwood said for
Council's consideration, it will be checked into and there will be
a written report on the determination prior to purchasing the pipe.
VOTE:
ALL VOTED AYE
17. Utilities Esstand „WPst - Discussion and possible action on
staff recommendations to revise the rate schedules for both
the East and West Utility systems pertaining to ERC rates,
addition of a category for renters and for construction
meters, and implementation of a late payment charge on past
due balances.
SYNOVSI,9 OF ACTION:
TABLED until the City
Attorney prepares the
necessary documents.
Mr. Greenwood said staff has been trying to keep past construction
costs current with actual construction costs.
Charlotte Dressler, Account Manager, said the construction meters
are creating problemsif the pipes only.need testing. She said in
order to test the pipes, the meters are being bought which is
creating a big cost. She said that Utilities is recommending,
because of the loss of money on renters, security deposits be
used.
Ms. Dressler said there have been several recommendations from the
consulting and previous attorneys but there has not been a
definite opinion from the attorney. She said the City Attorney's
office has recommended, like other cities who have the same
problem, Tamarac consider requiring the owner of the property to
sign the security deposit. She said many owners of properties in
Tamarac are out of State and that could be difficult to require.
Mr. Applegate said that anything being,done_on.the item would need
to be by Resolution. or. Ordinance. He. -said regarding the issue of
the security deposits, leins have been placed on properties
because of non-payment. He mentioned that the League of Cities is
investigating the possibility of having the legislature change
the Law. He said that:his opinion is that the City can safely
require renters to pay a larger deposit than homeowners for the
security deposit which would need to be worked out.
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6/25/86
/pm
Ms. Dressler said there have been several Ordinances already
prepared along with the comparison on what the other Cities are
doing. C/W Massaro asked if any other City passed the increased
rates and Ms. Dressler replied that Cooper City has adopted the
increase.
C/W Massaro asked Mr. Applegate how difficult it would be to
require the owner to pay the security deposit and Mr. Applegate
replied that if the owner is out of town, there can be an agent to
sign a deposit agreement with the City.
Ms. Dressler said there could be a problem in having someone prove
ownership just walking into the Utilities office. Mr. Applegate
said it could be done legally but practically, it would be up to
staff to decide how to avoid the problem.
Tape 3
V/M Stein asked if it would be possible to put a master meter on
and charge the owner of the building with the owner collecting
the utility from the tenant thus removing the problem of billing.
Ms. Dressler said most of the meters on the rentals are already
that way.
C/M Stelzer questioned the two month billing and asked if there is
any increase in the deposit to take care of a two month billing.
Ms. Dressler said there is no problem with the residents.
C/M Stelzer MOVED to TABLE this item until the City Attorney
prepares the necessary documents. C/W Massaro SECONDED.
VOTE•
ALL VOTED AYE
18. Versailles Gardens - Discussion and possible action on a
request for refund of a partial security deposit.
YN P I F ACTION:
APPROVED refund with sub-
sequent review of Ordinance.
C/W Massaro asked if this item was on the agenda before and
Council decided not to proceed until it was investigated.
V/M Stein said there has to be a decision made on this item
because there is an Attorney representing Versailles Gardens and
if a decision is not given to him voluntarily from Council, then
he will take this to Court and he felt this is a valid claim.
C/W Massaro MOVED to TABLE the item until the City Attorney
reviews this and a letter is sent to the Attorney informing him of
the Tabling action.
Ms. Dressler said it was staff's recommendation that the money be
refunded.
Mayor Hart asked the City Attorney for his opinion and
Mr. Applegate said he could not issue an opinion because the
matter was handled by the previous City Attorney and he has not
been able to contact Alan Ruf for information.
V/M Stein said that Alan Ruf has given an opinion and, unless Mr.
Applegate is uncomfortable with Alan Ruf's opinion, Mr.
Applegate is going to go along with Alan Ruf's opinion. He then
MOVED to APPROVE the refund, SECONDED by C/W Massaro.
C/W Massaro said the Council is doing something contrary to the
Ordinance. Mayor Hart replied that Council is not asking for more
money. He said that staff has recommended that the money be
returned and that is the only action being taken.
14
6/25/86
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1
C/W Massaro requested an AMENDMENT to the MOTION that the
Ordinance be reviewed to determine that Council is taking the
proper -action. V/M Stein ACCEPTED the AMENDMENT.to his MOTION.
VOTE: ALL VOTED AYE.
GENERAL ADMINISTRATIVE/FINANCIAL -
10. Social ,Seryjcgs .y_gn -- Discussion and possible action on:
a) Purchase of a new van as an emergency,.sole source item
b) Appropriate budget amendment
SYNOPSIS OF ACTION:
a) APPROVED sole source
purchase from Morse Dodge.
for $15,200.00
b) APPROVED the emergency
transfer of $15,200.00 from
the Contingency Fund to the
Social Service Budget.
Mr. Perretti said after investigation on prices, the best source
for a van was Morse Dodge, who had eleven vans -available and gave
the City the choice of the van. He said after checking with the
Public Works Department, the van that is presently being used is
constantly breaking down and this would certainly be an emergency
sole source.
C/M Stelzer MOVED to APPROVE
purchase of
the
van from Ed Morse as
an emergency sole source for
$15,200.00,
C/M
Gottesman SECONDED.
C/W Massaro asked if the van
has a lift
and
Helen Sobel, Social
Services Chairperson, said there
was no
need
for a lift.
VOTE: ALL VOTED AYE
Mr. Perretti requested.that.$15,200.00
be taken
out of the
Contingency Fund and placed
in the Line
Item
of Social Services as
an emergency.
C/M Stelzer MOVED to APPROVE transfer of $15,200.00 from the
Contingency Fund into -the Social Services Fund, C/M Gottesman
SECONDED..
TE:
ALL _YOTED_AYE
6. William S.W. Allison. Appraiser - Discussion and possible
action on:
a) Request by the City Manager to authorize a report at a cost
of $1,000.00 in order to establish the value.of Parcel "A"
of Tamarac. Industrial Park (Municipal Parking Lot) (tabled
from 6/11/86) .
b) Appraisal Report on existing City Hall site and Public
Works site.
SYNOPSIS OF ACTION:
a) DENIED.
b) REPORT was given.
Mr. Perretti said he received an unofficial bid of $1,000.00 for
Parcel "A". He said Attorney James Brady suggested swapping land
that his client has for the land usage.
15
6/25/86
/pm
V/M Stein said the opinion of Council was that if Mr. Brady had a
client that wants to purchase the land, he should make an offer
without an appraisal or offer to pay for the appraisal before
purchasing the land. He said that the City is not offering the
land; therefore, he does not see why the City needs to pay
$1,000.00 for the appraisal. V/M Stein said if Mr. Brady is
offering another piece of land then the offer should be in writing
with Council reviewing both the bid and the offer to decide if
there are advantages to the swap.
Mr. Perretti said there may be another party interested as well as
Mr. Brady. Mr. Applegate replied that regardless of how many
people are interested, there are certain Statutory procedures to
follow concerning the disposition of public property. He said
there should be an appraisal of the property along with the offer.
Mr. Perretti asked Council to authorize a letter being sent to
Mr. Brady and the other potential buyers, submitting Council's
desires with needed information in writing from them.
Mr. Applegate said the letter should state the information
required as contingent to the City following Statutory procedures
concerning the disposition of public property.
V/M Stein MOVED to APPROVE the authorization of $1,000.00 to
establish the value of Parcel "A" of Tamarac Industrial Park.
C/M Stelzer SECONDED.
1 elog.y .
C/M Gottesman Nay
C/M Stelzer Nay
C/W Massaro Nay
V/M Stein Nay
Mayor Hart Nay
C/W Massaro asked if Council cannot make a motion to Deny and
V/M Stein said not if there is a question of approval.
Mr. Applegate said with a negative Motion, if defeated,
technically a legal nullity has occured and Council has not taken
any action.
b) Larry Perretti said he has submitted a report which is 118 pages
long and he sent one copy with a routing slip to Legislature and
another copy with a routing slip to the Administration.
He asked Council to read the report and make a decision after
Council has digested the information.
Mayor Hart suggested that after Council has read the report, a
copy be left in the City Clerk's office for public viewing.
Mr. Perretti replied that the last route is indicated to do so.
7. Existing City Hall and Public Works sites - Discussion and
possible action on rezoning these two parcels of land.
,$YNOPSIS OF ACTION:
AUTHORIZING the City Attorney
and the Chief Building Official
to determine the property descrip-
tions and zoning categories for the
parcels of land to present to
Council at the 7/9/86 Council
meeting.
Bob Jahn, Chief Building Official, said if Council wished to
rezone the sites, it would be a matter of some expenditures
consisting of legal descriptions from surveyors, public notices
and advertising for staff to initiate zoning.
16
6/25/86
/pm
Mr. Jahn asked Council to take under consideration rezoning and,
if rezoning is considered, give him instruction as to what zoning
should be initiated. He recommended that both sites be rezoned
B-3.
V/M Stein said it seemed obvious to rezone for reselling and if
rezoning is not done, there will be a problem selling. He felt
that a discussion should be held on rezoning and what would be the
best use recommended by staff. He suggested the Chief Building
Official be authorized to prepare the necessary papers for
rezoning.
Mr. Applegate said, at this time it would be improper to decade
what the rezoning should be. Mr. Jahn said in the public notice
he would have to name what is being desired for rezoning.
He said during his discussion with the appraiser, the suggestion
was made that the best use regards the value of the City property
and the best use of several people who have expressed an interest,
would be to rezone to B-3.
C/W Massaro asked if the description'of the meets and bounds is in
the original purchase and Mr. Jahn said yes, but in order to be on
the safe side, there should be legal terms. He said it is not by
meets and bounds but by lot and tract numbers.
Mayor Hart said when acreage is'bought that is not platted into
lots, the acreage may have to be bought by meets and bounds;
however, when buying lots singularly, it usually does not include
meets and bounds.
V/M Stein mentioned that in order to advertise the rezoning, the
property needs to be described. He said that the Chief Building
Official is suggesting that the property zoning now should not be
used in the public notice because it dates back awhile.
V/M Stein MOVED to AUTHORIZE the Chief Building Official to
prepare the necessary papers and supply the appraisers
recommendations for the next meeting so the exact zoning may be
placed. C/W Massaro SECONDED.
Ray Munitz,, resident, asked if the Chief Building Official was
aware that a residential area was across the street and
Mr. Jahn said there needed to be a recommendation in order to
begin procedures and that is what he presented to Council.
VOTE: ALL VOTED AYE
TAMARA.0 UTILITIES
15. Utilities W?st - Elpctric G aerator - Discussion and possible
action on a request to purchase a new generator frame as an
emergency, sole source.
SYNOPSIS OF ACTION: (See Pages 11 & 12).
APPROVED to purchase as
emergency, sole source.
C/M Stelzer said the authorization was for $9,200.00 for the
purchase and installation and $10,280.00 has already been
allocated for repairs. He said there is insurance coverage and
the purchase should be made but he suggested the City Manager have
the Personnel Director check into the claim.
17
6/25/86
/pm
LEGAL AFFAIRS
26. Municipa;,Compleex - Discussion and possible action on:
a) Selection of underwriter for general obligation bonds
b) Site Plan - Temp. Reso._#4206.
gYNOPSIS QF ACTIO :
a) AUTHORIZED Rothchild & Co.
as Underwriter without Amback
Insurance also AUTHORIZED Finance
Director to research bid
for insurance.
b) APPROVED.
V/M Stein requested the floor for the announcement of his
resignation as Vice Mayor to take effect at the 7/9/86 Council
meeting. He said he will still be on Council but not as Vice
Mayor because there is much work to do with the proposed
Municipal Complex and to fulfill his obligations as Vice Mayor
would be too much.
Vicki Beech, resident, commented that V/M Stein has assisted her
in a matter that was very important and she thanked him publicly.
a) V/M Stein, referring to this item, recommended that the bonds be
issued no later then 9/1/86 in order for the City to come under
the old law. He suggested that Rothchild & Co. remain the Bond
Underwriters and the Finance Director investigate competitive
bids before the authorization of the amount paid to Rothchild &
Co.
V/M Stein MOVED to AUTHORIZE hiring Rothchild & Co. as Underwriter
for the General Obligation Bonds without Ambeck Insurance.
C/M Stelzer SECONDED.
V/M Stein AMENDED his MOTION to add that the amount not exceed
$6,000,000.00 as needed.
C/M Gottesman said there may be an impression that the Municipal
Complex will cost $6,000,000.00.
Tape 4
C/W Massaro said the amount of money allocated for the City Hall
and Police Department should remain as planned because the Police
Department may not stay with the City and there would be a need
for an appropriate place for them.
C/M Gottesman Aye
C/M Stelzer Aye
C/W Massaro Nay
V/M Stein Aye
Mayor Hart Aye
b) Mr. Applegate read Temp. Reso..#4206 by title.
V/M Stein asked Bob Jahn if the Landscape Plan was attached and
Mr. Jahn said no, as soon as the Landscape Plan is ready, it will
be brought to the Planning Commission and Council.
C/M Stelzer said he spoke to Thelma Brown, City Planner, and she
said that approval of landscaping and site plan cannot be combined
as one.
C/M Stelzer MOVED to APPROVE the site plan and V/M Stein SECONDED.
18
6/25/86
/pm
1"
C/W Massaro asked if Council members had an opportunity to review
the plan and V/M Stein said the site plan has been in the Council
office for 1-1/2 or 2 weeks and the Planning Commission has
approved it. He said the only thing not available was the
Landscape Plan -
Mr. Jahn said there was a special committee appointed for the City
Hall Complex and the committee deliberated with the
architect as
to the site plan which
C/W Massaro said there
is before Council now.
was nothing on there and Mr.
Jahn asked if
C/W Massaro was asking
about the floor plan or the
site plan.
V/M Stein said there should be no discussion about
the City Hall,
but only discussion on
the Site Plan.
VOTE:
C/M Gottesman Aye
C/M Stelzer Aye
C/W Massaro Nay
V/M Stein Aye
Mayor Hart Aye
GENERAL ADMINISTRATIVE/FINANCIAL
8. Broward Sheriff!goffice - Discussion and report by the City
Manager on budget comparisons received from the BSO.
SYNOPaIS OF ACTION:
REPORT was given.
Mr. Perretti said there had been a report submitted to the Council
from BSO which stipulated a savings in the first year of
$135,000.00. He said the costs that were not spoken about were
for savings on the communications and.a new building if -approval
was given for the BSO. He said negotiations with the FOP are in
process, which did not include any additional costs.
V/M Stein asked if the Pension amounts, which the City would need
to pay would cost more since the BSO is already in the State
Pension Plan which should not involve paying more. He said there
would be additional Policeman and additional funding with BSO.
C/M Gottesman asked if BSO will furnish every officer with a car
for the amount of $210,000.00 and Mr. Perretti said the Committee
who met with the BSO has drawn up a second draft which is soon to
be submitted to Council. He said a Special Council meeting would
be required for approval of the second draft.
C/M Gottesman said he is neither pro nor con regarding BSO, but is
only seeking information.. He asked if both budgets are for the
same number of officers and Mr. Perretti replied yes.
C/W Massaro asked who prepared the figures and the City Manager
replied that the figures on the left were prepared by the Police
Chief and reviewed by the Finance Director and him as far as the
proposed budget for the year.
Mayor Hart said when the final draft is reviewed determining what
will be charged to the City, there can be a determination by
contract.
19
6/25/86
/pm
11. Durbin Paper Stock Company - Temp. Reso. #4165 - Discussion
and possible action to approve execution of an agreement with
this firm to establish and maintain a paper recycling facility
at the City's Public Works facility (tabled from 6/11/86).
SYNOPSIS OF ACTION: RESOLUTION NO. R-86-239 PASSED.
APPROVED.
Mr. Applegate said the policy of the City Attorney's office for
the future will be that before the City executes any contract,
other than with another governmental agency, the contracting party
will execute the agreement first to insure that the agreement is
properly executed. He said that he asked Durbin to do that and
they were supposed to Federal Express the executed copy back to
him; however, as yet, he has not received this. He then read
Temp. Res . #4165 by title.
C/M Stelzer MOVED APPROVAL of Temp. Rgso. #4165, SECONDED by
V/M Stein.
C/W Massaro asked when this will begin and Mr. Applegate said he
was informed by Alan Ruf's office that they are most anxious to
have the agreement commence. Mr. Perretti said the last time he
spoke to Durbin Paper representatives, they noted that they were
waiting to complete a transaction with a local bank so that an
individual would be compensated for their paper.
TE:
ALL VOTED AYE
12. St,. Malachy Church - Discussion and possible action on a staff
request to:
a) Waive the following fees associated with the recent
certificate of occupancy issued for St. Malachy's School
classrooms:
$124.98 - Interim service and facilities fees
25.00 -- CO inspection fee
3.00 - CO fee
b) Reimburse St. Malachy's the amount of $6,357.00 to compen-
sate the Church for the sidewalks that the City will not
install along University Dr.
YN P I$ OF -ACTION:
a) APPROVED waiving of fees.
b) APPROVED reimbursement of
$6,357.00.
a) V/M Stein said staff's recommendation was that Council approve
waiving of the fees and Council waited for a determination of the
amount involved. He MOVED APPROVAL of the waiving of the fees of
$124.98, $25.00 and $3.00, SECONDED by C/M Stelzer.
VOTE:
ALL VQTED AYE
b) V/M Stein MOVED APPROVAL of the reimbursement of $6,357.00 for
sidewalks which will not be installed along University Dr.,
SECONDED by C/M Stelzer.
Tape 5
C/M Gottesman asked why the City must reimburse this amount to the
Church and Mr. Perretti explained that the Church gave the City
this money for the installation of sidewalks and, since they were
not installed, this is just a reimbursement of that money.
VOTE• ALL UTED_&YE
Mayor Hart recessed the meeting to 1:30 p.m. for lunch.
Mayor Hart called the meeting to order and all were present.
1
20
6/25/86
/pm
COMMUNITY DEVELOPMENT
33. Tama,rac.,Eguare WQst - Discussion and possible action on:
a) Revised site plan reflecting elimination of an ou_tpa.rcel
and additional parking (tabled from 6/6/86) - Temp.
Reso. 44148
b) Amendment to Developers Agreement
c) Revised Canal Maintenance Easement - Temp. Reso. #4200
d) Revised Ingress/Egress Easement - Temp. Res_o_. J420.4
e) Revised Parking Covenant
SYNQP�SIS OF ACTIQN: RESOLUTION NO. R-86-246 PASSED
a) APPROVED. RESOLUTION NO. R-86-247 PASSED
b) thru e) Agendized by RESOLUTION NO. R-86-248 PASSED
Consent and APPROVED (See Page 3)
a) Mr. Ruf, Consulting City Attorney, read Temp. Reso. #4148 by
title.
Bob Jahn, Chief Building Official, said this is located at the
corner of.Pine Island Rd. and McNab Rd. and the revisions dated
5/7/86 are as follows:
- Parking added.
- Driveway changed to 24 feet from e) to g) with uniformity.
- Outparcel eliminated and a double row of parking added.
- Major eight shifted southwest 10 feet, nursery relocated,
warehouse reconfigured, J-retails reduced, loading zone
relocated and fenced for security.
Parking removed.
- Canal detail changed to coincide with field conditions.
- Revised for additional parking and deletion of outparcel.
Mr. Jahn said items revised on 5/29/86 were:
- Elevations revision.
Revised wall and parking along canal at west property line.
Mr. Jahn said items revised on 6/2/86 were:
- Revised easement and southwest corner of site to 20-foot
minimum provided access through wall west of D, revised 4
spaces and 90 degrees to 6 spaces west of G.
Mr. Jahn said items revised on 6/16/86 were:
- Building H, enclosed area, added wall and landscaping at
perimeter facing McNab Rd.
- Added shadowbox fencing at perimeter facing west.Building H,
nursery..
_Added landscape area at perimeter fencing.
Mr. Jahn said as of late yesterday, pursuant to staff's request,
amendments were received to underlying agreements which included
what was requested; namely, to change the fence and landscaping to
the entire westerly boundary of the canal. He said this would
include installation of the landscaping, sodding and sprinkler
system in that area. He said the fencing would be changed around
what was called the "loading zone" so that it is a solid wall on
McNab.Rd..and a shadowbox fence on the other portions of the
fencing._ He saidthere will be a.proper Indemnification_
Agreement.
V/M Stein said at the request of one community, the traffic circle
was changed to have separate ingress and egress from the shopping
center. He said the City Attorney and Consulting City Attorney
should inform the people present that the City is operating under
a previous Court Order. He said.this has been appealed twice and
the City -lost in both Courts..
21
✓�.,
6/25/86 f
/Pm
V/M Stein said this plan has been worked on for the past year and
a half and in the past three months the Council has had meetings
with the representatives of Westwood 22, the Greens, Lime Bay and
other surrounding communities. He said they have tried to imple-
ment their suggestions. He said along with the shadowbox fencing,
they have agreed to move the trees from 40-foot centers to 20-foot
centers with the trees being at least 30-feet in height. He said
they must be trees recommended by the Department of Agriculture of
the State of Florida.
V/M Stein said on 6/20/86 he met with the representatives of the
Presidents Council and those communities that are affected and
they addressed every item that was requested. He said Scotty's
occupies 70,000 square feet and they estimated at $5.00 per foot
this would total $350,000.00 per year. He said there is a 20-year
lease and, if they lose the lease and the City goes to Court and
is found to be wrong, the liability is on the City.
Mr. Ruf said Tract 44 was carried on the Tamarac Land Use Plan as
Residential beginning approximately 1974. He said the City
attempted to hold the landowner to residential zoning and the
landowner took the City to Court indicating that to zone this
property Residential was in direct violation of earlier Court
Orders which indicated that the development of Land Sections 4, 5
and 6 would be governed by the development standards of Broward
County in 1972.
Mr. Ruf said the litigation was taken up to and through the
Florida Supreme Court and the Circuit Court decision that Land
Sections 4, 5 and 6 should be developed according to Broward
County development standards as they were in 1972 was upheld by
all levels of the judicial system of the State of Florida.
Mr. Ruf said; however, from time to time specific parcels have
gone back to Court and Tract 44 went back to Court and Judge
Weissing held that Tract 44 should be given a "C-l" designation,
which was interpreted by the Broward County Development Standards
in 1972. He said the City appealed Judge Weissing's decision and
the Fourth District Court of Appeals upheld Judge Weissing's
position. He said the City was required to allow Tract 44 to be
developed in a commercial designation as the Broward County Code
allowed in 1972.
Mr. Ruf said when a site plan for the development of a part of
Tract 44 came before the City on 12/6/85, the City staff met with
the developer and entered into an Agreement. He said this Agree-
ment and site plan came before Council and they approved both
by Resolution. He said the Agreement indicates what the develop-
ment standards will be and what uses will and will not be allowed
on that parcel. He said there is no prohibition in the Agreement
to the uses that are proposed and shown on the site plan or the
revised site plan.
Mr. Ruf said it would be useless for the City to take any position
that would suggest that this ought to be reviewed once again by
the Courts of Broward County. He said within the last 6 months,
the City has received a very favorable ruling by Judge Weissing
that all future development in Land Sections 4, 5 and 6, if there
is not a Stipulation, shall be in accordance with the City's
standards as they exist at the time of site plan. He said Judge
Weissing has reversed his position, which he held in a uniform
manner for 12 years.
Mr. Ruf said the Court now feels that current development stand-
ards should control all future development in Land Sections 4, 5
and 6. He said they would expect this kind of situation would
never happen again; however, this parcel has been fully litigated.
22
6/25/86
/pm
Mr. Ruf said.he would advise Council that the litigation on this
issue :is closed because to further litigate would put the City in
jeopardy of a lawsuit by the landowner and potential lessee that
could cost the City several million dollars.
Faye R. Goodman, resident of Lime Bay, said she felt this would be
an eyesore and a danger to the community. She gave the City Clerk
a petition from the people of Lime Bay who could not be present at
this meeting.
Michael.D'Ange,lico, President of The Greens Condominium Associa-
tion, said this building would'be a threat to the health, welfare
and safety of the community. He submitted petitions from Westwood
22 and The Greens urgently requesting this not be approved.
Florence Bochenek, resident, said she was Chairperson of the
Beautification Committee and, recently, she attended a meeting of
the Presidents Council. She said at that time'the Attorney for
this development was there and she made a statement that the City
Council has the right to not allow them to plant trees in an
easement because their engineers miscalculated.. She said'she made
no inflamatory remarks and did not pass any petitions; however,
the next week, at the Planning Commission, the Vice Mayor demanded
her .resignation from the Planning Commission.
Mrs._Bochenek said none of the residents were aware of any of the
amendments made nor were they aware there was a Scotty's planned.
She noted that she was told by two City officials in other areas
whe:r.e these stores are present that there are constantly calls of
complaints from the residents of those areas.
Milton:Siegel,
President of the Isles of Tamarac, said he was
representing over
300 residents of
his area. He said they agree
with the other
local communities
that a Scotty's type of business
does not belong
at this location.
He said if this corner must be
commercial, it
should consist of
small shops.
.Charles Waxman, resident of Section 22, said he felt the owners of
the land.shoul,d pay the people living along the canal as compensa-
tion for this eyesore.
Ruth Goodman, resident of Section 22, said she feels she has been
deceived about this project going in that location.
Mona Walcock, resident of Westwood 22, said she felt the residents
of Tamarac.were not given enough information about this project
and.;she,objected to this.
Abe Feldman, resident of Westwood 22, said if an easement is not
approved by the Council, they will not have enough space for legal
parking..
Mr. Jahn said the sign for Scotty's was removed because they did
not,apply for a building permit for the sign.
Emil BeIutner, Planning Commission Chairman, said the City is
compelled to follow the law.
Glenn Smith, Attorney representing the developer of this shopping
center, said his client has developed shopping centers at the
following locations:
1. the corner of Sunrise Blvd. and Pine Island Rd.
2. the.corner of 84th St. and Pine Island Rd.
3. the shopping center on Coconut Creek Parkway
4. the Kendall County Country Mall at the corner of Kendall Rd.
and the Turnpike
23
6/25/86
/pm �/
Tape 6
Mr. Smith said his client was not involved in the litigation that
the City had and they purchased the property with the Court Orders
in place. He said they came to the City last year proposing a
shopping center on this property and they could have insisted that
C-1 zoning provisions would apply. He said they did not take that
position.
Mr. Smith said they negotiated with the City through the Vice
Mayor at that time and, after approximately 6 months of
negotiations, the site plan was approved subject to an agreement
between the City and his client which provided that C-1 zoning
would govern this property. He said at that time Scotty's could
have been built in the store shown on that site plan. He said
there was no need to come back to Council for permission to put
Scotty's there.
Mr. Smith said they came in to request a revised site plan because
Scotty's requested some change in the shape of the store and
their surveyor made an error in the survey of the canal bank on
the west side of the property. He said this revised site plan
reflects those changes.
Mr. Smith said to reject this revised site plan would be a serious
mistake for the people who live adjacent to this property because
the arrangement negotiated prior to this on the original site plan
called for a certain type of buffering of the area to the west.
He said it provided for a wall on the west side of the property
with trees along that buffer that would be 40-foot on center with
2 hedges in between. He said if the revised site plan were
rejected, the development would be under the old site plan.
Mr. Smith said under negotiations held for the revised site plan,
they have dramatically increased the trees and hedges along the
wall. He said in the new Agreement, the trees will be 20-feet on
center with a continuous hedge in between.
Mr. Smith said he attended the Presidents Council meeting last
week and the question was raised regarding traffic. He said the
City is requesting that the traffic around the back of the center
should be one way so that trucks will enter on McNab Rd. and will
continue around the center and exit on NW 88 Ave. He said that
would alleviate traffic crossing McNab Rd. to travel east and make
a left turn across two lanes of traffic. He said they agreed to
that.
Mr. Smith said all of Scotty's materials come from one central
distribution point so all materials will be delivered on one
truck. He said they have tried their best to lessen the impact on
the neighborhood.
A member of the audience asked Mr. Smith the size of the trucks
that will be used to transport materials to Scotty's and Mr. Smith
said he would expect they would be tractor trailer trucks. The
same member of the audience asked Mr. Smith what other tenants
have signed up to move in this shopping center and Mr. Smith said
he did not know.
Another member of the audience asked if this proposed Scotty's
will be a distribution point for other Scotty's in the area and
Mr. Smith said that is not true. He said the store has a storage
area in the back for that store only.
C/M Stelzer MOVED APPROVAL of s 4 48, SECONDED by
V/M Stein.
1
24
6/25/86'
/Pm
C/W Massaro said on Monday, 6/23/86, she received the data on this
item since she was home ill. She said only today the Vice Mayor
received more information which she is not privy to at this time.
She said for the purpose of legalizing the defective drawings
originally submitted, she considered these actions a band -aid
approach, which is immoral, illegal and casts suspicion upon the
motives of the City Council.
C/W Massaro said Council should use every effort legally available
to protect the rights and welfare of the people .based upon
Article T of the Broward County Zoning Standards, which relate to,
"preserving and creating a more favorable environment in which to
stabilize and enhance property and civic values."
C/W Massaro said the City has a moral obligation to conform to
City Codes and certain Broward County zoning standards and, in
order to put all the proposed changes into prospective, it is
essential that the Council address the original Developers Agree-
ment dated 11/20/85. She said this Agreement constitutes the
foundation for the preparation of the final site plan. .
C/W Massaro said subsequently, the developer's Attorney confirmed
the crucial fact that their surveyor's measurements, used in the
preparation of the final site plan, was found to be erroneous.
She said intentional or unintentional, the developer submitted an
erroneous drawing to the Planning Commission and, predicated on
the information submitted, they approved the site plan.
C/W Massaro said in her opinion, this invalidated the approved
site plan and she questioned the legality and wisdom of Council
considering reviewing these revised plans today. She said this is
especially true since the developer has no legal recourse in her
opinion other than to resubmit these drawings, which would adhere
to and comply with the requirements set forth in the original
Developers Agreement.
C/W Massaro said they cannot do this because their plans reflect a
7 foot deficiency as shown on the original site plan. She said
this deficiency incorporates the uses in the form of.requirements
such as landscaping, as required in Ordinances 74-3 and 74-16.
She said in the Motion.for Clarification, no way are they comply-
ing with these Ordinances.
C/W Massaro said Ordinance 74-16 requires a minimum 10 foot
landscaped strip, berm, trees and shrubs. She said on Page 100.1,
Subsection 5, reads, "...and do not overlook the requirement for a
clear 20-foot maintenance easement at the canal." She said this
should not have trees growing on it and encumbering this,
especially since this canal was dug in a vertical sheer at the
waterline affording no protection for safety purposes. She said
this canal is estimated between 25 and 40 feet.
C/14 Massaro said it has been stated that Council was to have all
the material no later than Friday, 6/20/86 and it was distributed
on Monday, 6/23/86. She said this is hardly time to examine
anything properly. She said Ordinance 73-42, which the developer
is required to comply with, states, "No less than 7 calendar days
prior to the site plan coming before the City Council at a public
meeting, the site plan shall be posted on the bulletin board in
City Hall in order that the public have an opportunity to review
the site plan.
C/W Massaro said Ordinance 7.3-42 further states, "A proposed site
plan shall be further evaluated in terms of the traffic impact
that the proposed site plan will have on the immediate area." She
said she received copies of documents that were supposed to have
been sent to Broward County for approval and she questioned
whether the City staff has had a response to that. She questioned
whether an evaluation was done and whether the County approved
everything.
25
6/25/86
/pm
C/W Massaro said the Water and Sewer Developers Agreement, which
was to be corrected as required at the Council meeting of 12/6/85,
was to be executed by the developers with the original copy
returned to the City. She said it has not been returned as yet.
She said the Court Orders require the developer to abide by the
City's beautification Ordinances 74-3 and 74-16.
C/W Massaro said Ordinance 74-16 states that there must be a 10
foot setback for beautification. She said there are provisions in
those Ordinances and Stipulations that Council could use to
protect the people. She said if the project cannot be stopped,
Council can make them do it right. She suggested this be sent
back to staff and the Planning Commission to have this reviewed
further.
C/M Stelzer asked Mr. Smith how much of a problem was caused
by their surveyor's error and Mr. Smith said they had to move the
wall further east towards the shopping center. C/W Massaro said
that would eliminate beautification.
C/M Stelzer read from the Council minutes of 12/6/85:
"V/M Massaro MOVED the APPROVAL of TeMp,_Res9._#3897 regarding the
site plan" and the entire Council Voted Aye. He continued,
"V/M Massaro MOVED the APPROVAL of the Landscape Plan as submitted
and approved by the Beautification Committee, SECONDED by
C/M Gottesman" and Council all approved. He noted that
Mrs. Bochenek was the Chairperson of the Beautification Committee
at that time.
C/M Stelzer said at that meeting, the Motion to Approve the Water
and Sewer Developers Agreement was made by V/M Massaro and Council
all voted approval. He said the Water Retention Agreement was
also Approved by a Motion made by V/M Massaro.
C/W Massaro asked C/M Stelzer to read the entire minutes on this
subject and he read, "Mr. Henning said the Water Retention Agree-
ment had been executed by the developer and he recommended
approval. V/M Massaro MOVED the APPROVAL of the Water Retention
Agreement as provided, SECONDED by C/M Munitz. All Voted Aye."
C/M Stelzer continued by noting that C/M Stein MOVED APPROVAL of
the Agreement, SECONDED by C/M Munitz, with 4 affirmative votes.
He said Mrs. Massaro was talking on the phone and did not vote.
He said the Amendments that are being put through now are not for
the benefit of the developer but are for protection of the people
in Westwood 22 and other areas.
C/M Stelzer said if Council does not approve the Amendments and
this returns to the site plan of 12/6/85, the residents will not
be happy because the traffic will come out of the center one way
and the beautification will not be as extensive.
Mayor Hart asked staff if these plans have been reviewed and Chief
Building Official Jahn said the plans were reviewed; however,
there were some Amendments that were made to the Agreement that
did come in on Monday and Tuesday but the changes were at staff's
request. Mayor Hart asked if any pressure was put on the staff
and Mr. Jahn said his entire department has been under pressure
for approximately two years because of all of the development.
C/M Gottesman said all of Council did vote for this previously and
they are now trying to correct deficiencies that have subsequently
been found.
26
6/25/86
/pm
C/M Gottesman said there
was a Court Order in 1972 which stated
that the City must use a
C-1 zoning for that
area as provided by
Broward County. He said
the Court Order can
be challenged because
it is the lowest zoning
designation.
C/M Gottesman said he is
concerned that this
proposed shopping
center will degrade the
property and increase
traffic. He said
there is a possibility Judge
Weissing would
reverse his decision if
he could see this neighborhood
area now. He
said he agrees with
C/W Massaro that Council
approving this.
should investigate
every avenue before
VOTE:
C/M Gottesman
Nay
C/M Stelzer
Aye
C/W Massaro
Nay
V/M Stein
Aye
Mayor Hart
Aye
Mayor Hart called for a 5 minute recess.
b) Bob Jahn, Chief Building Official, said there is an Amendment to
the Agreement, which requires approval by Motion. He said staff
recommends approval.
V/M Stein asked what the Amendments are and Mr. Jahn noted the
following:
1. Removable panels in the walls to allow access to the easement.
2.. Concerning the sodding, landscaping of the canal slope and the
sprinkler system.
3. They re -designed the parking area of the site to continue the
wall and excavate the westerly portion of the balance of the
land.
4. Changed the fencing requirement so that at the loading area to
the west of the retail stores, there will be a 10-foot
so -lid wall on McNab Rd. and a 10-foot shadowbox,wall at the
rest of the perimeter.
V/M Stein MOVED APPROVAL of the Amendments to the Agreement as
redlined on 6/19/86. SECONDED by C/M Stelzer.
C/W Massaro asked which Amendment Council is referring to since
there was a Second Amendment previously. V/M Stein said he
referred to the Amendment redlined on 6/19/86.
Mr. Ruf said he has a Letter of Transmittal dated 6/24/8.6 trans-
mitting an original and 13 copies of a revised Amendment to the
Agreement and he questioned if this is the same one that they would
have received. Mr. Smith said it is the same Agreement with one
exception. He said the document submitted on 6/19/86 had the
changes as requested and, after that time, some additional changes
were requested by staff and they incorporated them in the.submittal
of 6/24/86.
Mr. Ruf said the final Amendment is an Amendment that would have
been dated and submitted on 6/24/:86 not 6/19/8.6. C/W Massaro said
Council has not had ample time to review this and she questioned
what happened to the Amendment of 6/4/86 and whether or not that
Amendment is incorporated into this.. Mr. Ruf said, he understands
that .the Amendment submitted on 6/24/,86 incorporates all,requests
made by staff.
C/W Massaro noted that Mayor Hart has stated that Council was not
to take any action on an item unless there was ample time to review
the backup involved. She said the regulations which control
Tape 7 this project have to do with the Court Orders and state that the
Council is to have the material 7 days before action is taken.
27 J 6/25/86
/pm
V/M Stein asked Mr. Jahn if these were requested Amendments which
the petitioner complied with and Mr. Jahn said that was correct.
Mr. Jahn said the Agreement sent in on 6/19/86 had items missing
and the staff requested Mr. Smith have these items inserted. He
said he just placed that item before the City Clerk with the
changes requested and done.
C/W Massaro said there are things that were not put in there that
should have been and she questioned what will be done about the
things that are still not incorporated in these Amendments. She
asked why Council is not concerned about those things. Mayor Hart
said they are concerned.
C/M Gottesman said he just received this material late yesterday
and he has not had an opportunity to read them.
TE:
C/M Gottesman Nay
C/M Stelzer Aye
C/W Massaro Nay
V/M Stein Aye
Mayor Hart Aye
c) Mr. Ruf read TeMp. Res #4200 by title.
Mr. Jahn said the Agreement is in order and staff recommends
approval. V/M Stein asked why there is a new Canal Easement and
Mr. Jahn said because it was not described properly before.
V/M Stein MOVED APPROVAL of Temp. Reso. #4200 approving the revised
Canal Agreement, SECONDED by C/M Stelzer.
C/W Massaro asked why this is being acted on now if they gave the
City improper measurements previously. She said Council has not
had ample time to review this to determine whether this has
happened again.
Mr. Jahn said the City Planner, Deputy City Engineer and he
reviewed the legal description in the Agreement and it appears in
order; therefore, they recommend approval.
C/M Gottesman asked if it is legal to vote on a Motion when Council
members have not had ample time for review of the backup. Mr. Ruf
said the reason the revised site plan came before Council was
because of an improper measurement at the canal. He said they have
known that there has been an improper measurement and, in order for
them to have a revised site plan, they must give the City a revised
Canal Maintenance Easement because of an incorrect measurement.
Mr. Ruf said he does not feel there is a great deal of reading or
review required since there was simply an improper measurement
involved which was checked by the Engineering Department.
C/M Stelzer said this Agreement states, "The original Canal
Maintenance Agreement is being released and the creation of a new
Canal Maintenance Agreement grants the City a perpetual 20--foot
easement."
C/W Massaro said there was beautification required in the old
Agreement. She said they are supposed to have a 10-foot land-
scaping easement and 4-feet for trees and shrubs.
VOTE•
C/M Gottesman Nay
C/M Stelzer Aye
C/W Massaro Nay
V/M Stein Aye
Mayor Hart Aye
28
6/25/86
/pm
e) Mr. Ruf, read Temp. Reso..#4204 by title.
Mr. Jahn said the revised Ingress/Egress Easement has been changed
from the first document because of the change in the legal descrip-
tion. He said staff has reviewed this and recommends approval.
V/M Stein MOVED APPROVAL of Temp. Reso. #4204, SECONDED by
C/M Stelzer.
C/W Massaro asked how the City can approve this Ingress/Egress
Easement if the County has not approved this as yet. Mr. Jahn said
the City had a previous Ingress/Egress Easement and the County had
approved those locations. He said because the surveyor made a
mistake, all these Agreements were rechecked and this new Agreement
is only modified to the extent of making and correcting the legal
description and the attached Exhibit.
Mr... Jahn said the, ingress and egress points remain the same with
the exception of the 7 feet, which had to shift slightly. He said
they are in the approved locations from Broward County.
C/MM.Gottesman.noted that he has not had=an opportunity to review
this properly.
VOTE:
C/M Gottesman
Nay
C/M Stelzer
Aye
C/W Massaro
Nay
V/M Stein
Aye
Mayor Hart
Aye
Mr. Jahn said this is an Amendment.and Declaration of Covenants
concerning access and parking. He said it is not accompanied by a
Resolution as a Motion is all that is required and staff recommends
approval.,
V/M Stein asked what this is for and Mr. Jahn said this is an
elimination of an outparceL adding 90 degree parking in the front
at that location. He said it involves some other changes on the
site plan regarding shifting of parking and addition of spaces.
A member of -the audience asked how many parking spaces are provided
and Mr. Jahn said there are 1,057 parking spaces shown on the site
plan.
V/M Stein MOVED APPROVAL of the Amendment to the Parking Covenant,
SECONDED by. C/M Stelzer.
C/W, Massaro asked.Mr. Rtrf if, the City must abide by Ordinance '72-6
and Mr. Ruf said under the Agreement entered into by the City and
this developer on 12/6/85, they must comply with the Ordinance in
Broward County with respect to C-1 zoning. He said the C-1
Ordinance in Broward County is attached to the Agreement so there
is no question what development standards are to be imposed. He
said with the exception of off-street parking requirements, which
is also attached as an Exhibit, he questioned how Ordinance 72-6
would apply.
C/W Massaro said another Court Order under Leadership, confirmed
that Ordinance 72-6 applies. She read from Ordinance 72-6,
Section 8, "All other lands in the City presently zoned C-1 or C-2,
with the stated exceptions set forth below, are hereby reclassified
from C-1 or C-2 zoning to B-1 zoning." She requested this be
investigated further.
1
29 6/25/86
/pm
C/W Massaro asked if they are asking for additional parking and
Mr. Jahn said no, they have removed an outparcel and added parking.
He said they had to shift some of the p4rking.spaces that were
previously shown in the rear because of that 7 feet. He said there
were two islands of parking in the center of the site plan that had
to be altered slightly because they did not conform but now they
do. He said there is additional parking on the outparcel, which
was part of the previous Agreement.
Mr. Jahn said the site plan calls for 882 parking spaces and they
are providing 1,057. C/W Massaro said they had a surplus of 51
spaces previously and she questioned why they were given an
additional 11 spaces. She said in studying the Court Order, she
determined that Tamarac's parking Ordinances apply. She said they
were not entitled to the 51 parking spaces for which they were
given additional credit. She said they wanted to apply these
spaces to that non -site planned area of approximately 4 acres next
to the Fire Station.
C/W Massaro said they are now asking for 11 more parking spaces
because of the angle parking they are putting in, totalling 62
spaces. Mr. Jahn said in accepting this site plan, staff saw the
changes of the parking and, in deliberation, agreed and recommends
approval.. C/W Massaro questioned why the City is giving them more
when they should not have had the 51 spaces approved.
Mr. Jahn said he feels they are giving the City more parking
spaces. Mr. Smith said on the original site plan they had a
Declaration of Easement Covenant concerning access and parking. He
said there is a Cross -Parking Easement in the center and all this
does is change it to reflect the new legal descriptions.
V/M Stein said everything discussed today is on an Agreement
executed on 12/6/85. He said under that Agreement they could have
two Scotty's if they so desired. He said C/W Massaro drew this
Agreement with Mr. Smith and no one had anything to do with
planning in this City at that time except her.
1 010QV.
C/M Gottesman Nay
C/M Stelzer Aye
C/W Massaro Nay
V/M Stein Aye
Mayor Hart Aye
32. Colony West Associates - Rezoning Petition#3-Z-85 --
Temp. Ord, #1169 - Discussion and possible action to rezone the
Shops of Tamarac Shopping Center (platted as Colony West
Shopping Center) (less the lands and building owned by Broward
County for a Library) from B-1 (Neighborhood Business) to B-2
(Planned Business). Second Reading. (Public hearing held
3/13/85) (tabled from 10/23/85).
SYNOPSIS QF'.ACTION: TABLED
to the 7/9/86 Council meeting
for beautification, parking and
planning. The City Attorney was
authorized to investigate the
legality of the time lapse for
the public hearing.
Mr. Applegate read Temp. Qxd. #1169 by title.
Mr. Jahn said this was before Council on 3/13/85 and 10/23/85 and
was Tabled for negotiations between the owner of the center and the
Chairperson of the Beautification Committee. He said his Depart-
ment has not received any communication from either party concern-
ing this.
Barry Eden, a Partner in Colony West Associates, said this Ord-
inance has passed first reading and, at second reading, the Council
30
6/25/86
/pm
J
1
requested that he meet with Florence Bochenek, who was Chairperson
of the Beautification Committee. He said after discussions with
her they did install some Sabal Palm trees. He said there were
some other requirements; however, there was a one year provision
for .some additional parking spaces. He said the Agreement provides
that if the additional parking spaces are not provided, the zoning
would revert to B-1.
C/M Stelzer MOVED APPROVAL of TQMP. Qrd. 1169, SECONDED by
V/M Stein.
C/W Massaro asked the City Attorney whether or not there is a time
element between the time when the rezoning petition was heard and
now. She said on 3/13/85 this Ordinance passed first reading and
on 10/23/85, this item,wap Tabled. Mr. Applegate asked if this was
properly advertised and the.Chief Building Official said it was
with_a proper.public hearing held. Mr. Applegate said he has no
problem with this.
V/M Stein said Council has no staff recommendation, the beautifica-
tion,end parking are at issue and he questioned how this can be
acted on. Mayor Hart suggested this item be Tabled with a staff
recommendation before the next meeting.
Mr. Eden said when this was approved on first reading there was an
Agreement under which it states that the parking must be installed
within one year. C/M Gottesman asked Mr. Eden if he took care of
the parking situation and is just lacking the necessary beautifica-
tion and Mr. Eden said no.
C/M Stelzer said this item was previously Tabled for review of the
Landscape Plan by the Beautification Committee and he noted that
since Council has not received staff's comments, he MOVED to TABLE
this item to the 7/9/86 Council meeting for a clarification by
staff, SECONDED by V/M Stein.
Mr.. Applegate said he would recommend Tabling to allow additional
time for him to address C/W Massaro's concerns.
Planning Commission Chairman, Emil Beutner, suggested Mr. Eden
submit the revised site plan indicating changes of parking.
VOTF :.. ALL VOTED__AYE
31. Mobil Oil Corporation - Discussion and possible action on:
a)..Rezo.ning Petition #12--Z-85 - Tgmp. Qrd. #1219 - Rezoning of
,lands at the southwest corner of Commercial Boulevard and
State Road 7 from B-1 (Neighborhood Business) to B-3
(General Business). Second Reading. (Public hearing held
9/26/85)
1) Acceptance of Affidavit of Publication and Affidavit of
Posting.
2) Consideration of application.
b) Acceptance of Declaration of Restrictive Covenants -
Temp. Reso. #3768 (tabled from 12/11/85) .
SYNOPSIS OF ACTION:
a) APPROVED.
b) APPROVED on second and
final reading.
c) APPROVED with additional
language in covenant that
convenience stores be no
larger than 1200 square feet.
ORDINANCE NO. 0--86-38 PASSED.
RESOLUTION NO. R-86-249 PASSED.
a) Mr. Jahn said this came before Council previously and a public
hearing was held. He said there was a Covenant of Deed Restric-
tions that was to be signed and presented by Mobil and, at that
time, it was not available. He said it has now been filed with the
City Clerk and City Attorney.
31
6/25/86
/pm
Mayor Hart asked if the City Clerk has the Affidavits and she so
verified.
b) Mr. Applegate read Temp. Rpso.37 8 by title.
Mr. Jahn said staff recommends approval and C/M Stelzer MOVED
APPROVAL of Temp. Rego. #3768, SECONDED by C/M Gottesman.
C/W Massaro asked what was incorporated in the Restrictive Cov-
enants. Emerson Allsworth, representative of Mobil Oil Co., said
the City requested the zoning be changed on this project from B-1
to B--3. He said when this service station was built many years
ago, service stations were permitted in B-1 zoned areas; however,
they now require B-3 zoning.
Mr. Allsworth said the City also requested a Covenant that the B-3
uses would be limited to a service station, convenience store and
car wash. He said otherwise the uses are as previously permitted
under B-1 zoning. He said what is before Council is what the City
has requested of Mobil Oil.
C/W Massaro said she is concerned about the possibility of a
bonafide convenience store at that location. Mayor Hart said it
could state that the convenience store would be "in conjunction
with the service station". Mr. Allsworth said it took approxi-
mately 5 months to route these Covenants through their General
Counsel's office in Virginia and receive them executed. He said
this form was drafted by the previous City Attorney and to change
it now would delay the project.
Mr. Jahn said this item was before staff and Council many months
ago and the site plan was presented and approved. He said on the
plan there was a floor plan of a small convenience store that is
normally inside new service stations. He said that is what was
approved. Mr. Applegate said he must review this and depend on
what was negotiated by staff and the former City Attorney. He said
it would be improper for him to render an opinion on this. He said
he was told that he could rely on what has been done by the prior
City Attorneys and C/W Massaro said she does not agree with that.
Mr. Allsworth said they could add the following language to the
Covenant relating to the convenience store, "Maximum 1200 square
feet". C/W Massaro said she has no problem with that.
C/M Stelzer said the site plan shows only 4 parking spaces and he
questioned whether a convenience store would have only 4 spaces.
Mr. Applegate said he has no problem with Mr. Allsworth's sugges-
tion since this would address C/W Massaro's concerns.
Tape 8
V/M Stein said that the MOTION should be AMENDED to have the
Restrictive Covenant stipulate that the convenience store will have
no more than 1200 square feet. C/M Stelzer agreed to the amendment
to his MOTION. V/M Stein SECONDED the MOTION.
VOTE: ALL yQTED AYE
a) Mr. Applegate read Temp. Qrd. #1219 by title.
Mr. Jahn said after negotiations, staff recommends approval.
C/M Stelzer MOVED APPROVAL of Temp. Ora, ##1219 on second and final
reading, SECONDED by V/M Stein.
TE: ALL VOTED AYE
32
6/25/86
/pm
1
I
34. Jasmine - Revised Site Plan - Temp. Reso. #4208 - Discussion
and possible action on a revised site plan to upgrade
landscaping, addition of security gate and increase of square
footage of units.
SYNOPSIS ,OF ACTION: TABLED
for preparation of Resolution.
Mr. Applegate said he was advised by staff that this was a unique
matter and there has been no Resolution prepared. He said follow-
ing the action taken by Council, his office will draft the appro-
priate order needed.
Mr. Jahn said this came before the Plan Adjustment Committee and
there were three changes involved:
1. An upgrading in landscaping.
2. The installation of security gates
3. An increase in square footage to each building of 7.33 square
feet.
Mr. Jahn said the Plan Adjustment Committee approved the first two
changes; however, they felt that because the Code was specific
regarding increases in square footage being brought to Council,
they did not want to approve that. He said the Ordinance that
createdthis Committee stated that anyone can appeal a decision of
the Plan Adjustment Committee directly to Council and that is what
has been done.
C/W Massaro asked who determines the guidelines of what is brought
before this Committee. V/M Stein said the Council has been trying
to have developers increase the size of their units and this
applicant has indicated that he will do this. He said the Plan
Adjustment Committee did not want to get involved in increasing or
decreasing units. He said this is merely a housekeeping approval.
V/M Stein said a Resolution should be prepared by the 7/9/86
Council meeting approving the increase in the size of'the units.
C/W Massaro said her concern regards whether the increase is of the
size of the foundation or footing and how it affects the beautifi-
cation. V/M Stein said they are not requesting a reduction in side
yard setbacks, etc., since they have more than enough room.
Mr. Jahn said the increase remains within the footprint of the site
plan.
C/M Stelzer MOVED to TABLE this item to the next Council meeting
and imstruct the City Attorney to provide the proper Resolution for
the next meeting. SECONDED by C/M Gottesman.
VOTE: ALL VOTED AYE
35. Tamarac Medical Off,icc Building - Discussion and possible
action on:
a) Site Plan - Temp. Reso. #4209
b) Plat - Temp. Reso. #4210
c) Landscape Plan
d) Water'and Sewer Developers Agreement
e) Water Retention Agreement
(to be located on the west side of
NW 71 Court and NW 78 Street, north
Community Hospital).
SYNOP I F ACTION:
TABLED at the request of
the City Attorney for
lack of Certificate
of Title.
University Drive between
and west of University
33
6/25/86
/Pw
a) Mr. Applegate read Tie es . #4209 by title.
Mr. Jahn said this is the final site plan for University Hospital
#3, Tamarac Medical Office Building. He said the zoning is g-6,
there are 21.239 acres and the proposed use if for a medical
Office building. He said he inserted a Beautification Fee in the
amount of $9,292.67, which is not required to be paid until the
building permit is issued.
Mr. Jahn said staff recommends Council approval of the final plat
and site plan subject to receipt and a
of the Certificate of Title. PPrOVa1 by the City Attorney
it
and approval should be contingentsondthathas been late in arriving
Mr. Applegate requested this item be Tabled since he feels it is
in Council's best interests that before matters are brought to
their attention for consideration, the appropriate documentation
is submitted, reviewed and approved by the appropriate people.
C/M Gottesman MOVED to TABLE this item on the recommendation of
the City Attorney, SECONDED by C/M Stelzer.
ATE
L TED AYE
36. B a dw l A art ent Conco d ill e II
Facility - Discussion and possible action onmporazyve
administrative office to be located in Building 3, Unit 8758.
YN )PSIS OF ACTION:
APPROVED for 6 months
and to expire 12/25/86.
Mr. Jahn said this is a request for an administrative office at
the Boardwalk Apartments to be placed in one of the completed
units with the parking and landscaping as required on the approved
site plan. He said there is no request for a 300-foot waiver
since these units are all rental. He said staff recommends
approval.
C/M Stelzer MOVED APPROVAL of this for a 6 month eriod
by C/M Gottesman. P SECONDED
YDTE:
A L OTED_ AYE
37. d a t r 1 0 _
possible action !0 approve a modelsalespermituon1on Lota9dof
Block 4.
Y P I OF ACTIO :
APPROVED for 6 months
and to expire 12/25/86.
Mr. Jahn said there is a new builder and developer of those
premises and the previous parking lot is to be used. He said
the new area is being built now on the adjoining lot with the
proper landscaping and parking spaces. He said there is no
request for a waiver of 150-feet and staff recommends approval.
C/M Gottesman MOVED APPROVAL of the model sales permit, SECONDED
by V/M Stein.
TE: A L OTED AYE
34
6/25/86
/pw I,/
1
TAMARAC UTILITIES
L
41. TUW - Discussion and possible action on:
a) Authorization to bid the cleaning, patching and recoating
of the 1.0 million gallon plant site and 2.0 million
gallons grants water storage tanks.
b) Request authorization to amend the R & R Account in the
estimated amount of $7,000.00 plus or minus to cover the
cost of this project.
SYNOPSIS OF ACTION: Agendized by Consent on Page 2
a) APPROVED solicitation of
bids at an estimated cost
of $7, 000.00.
C/M Stelzer MOVED to authorize going to bid for the repairs
necessary on the water storage tank, SECONDED by C/M Gottesman.
TE:
ALL VOTED AYE
42. TUW - Project 85-27 - Filtgrg 3 gnd 4 at'on-
Discussion and possible action regarding authorization for the
transfer of $20,000.00 from the Appropriated Fund to the
R. & R Fund.
SYNOPSIS OFT ACTION: Agendized by Consent on Page 2
APPROVED transfer.
C/M Stelzer MOVED APPROVAL of the transfer, SECONDED by V/M Stein.
VOTE: ALL VOTED AYE
GENERAL ADMINISTRATIVE/FINANCIAL
43. Pension Board -- EMeraency Ordinance #1276 - First and second
readings. Discussion and possible action.
SYNOP,51S_,OF ACTION: Agendized by Consent on Page 3
APPROVED on first and ORDINANCE NO. 0-86-39 PASSED.
second readings.
Mr. Applegate read Temp. Ord. #1.276 by title.
C/M Stelzer said this is a correction of a prior Ordinance which
had a 1% figure instead of 5%. Mr. Applegate said the original
Ordinance 86-34 was adopted on first reading on 6/11/86 and at
second reading, staff made recommendations that it be amended. He
said those amendments were incorporated and the Personnel Director
found.that those amendments requested by staff were improper and
this Ordinance changes the formula from 5% back to 1% on both the
City and member contributions.
Mr..Applegate said the emergency nature is set forth in that this
will avoid improper deductions being made from payroll checks.
Mr. Perretti.said the Personnel Director's feeling was that the
Ordinance pas.sed.by Council would have been in coordination with
the adjustment of the benefits for all employees. He said when
the increase in benefits was Tabled by Council for further study,
that action made this Ordinance improper.
C/M Stelzer MOVED APPROVAL of Temp. Ord, _#1276 on first reading,
SECONDED by V/M Stein.
VOTE:
ALL VQTED AYE
Mr. Applegate read Temp. Ord. #1276 by title.
C/M Stelzer MOVED APPROVAL of Temp.. Ord. #1276 on second reading,
SECONDED by V/M Stein.
YQTE: ALL VOTED AYE
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44. Projected DgRartMgntal Budgets Summary FY 86 87 - Discussion
and possible action on:
a) Report on Budget Summary
b) City Council Referendum to change Charter Budget date from
7/1/86 to 7/31/86.
SYNOPSIS OF ACTION: Agendized by Consent on Pages 3 & 4
a) City Manager gave a report.
b) Authorization was given for the
City Manager and City Attorney
to prepare the proper legislation
to place a Charter Amendment on
the November ballot to change
budget submittal date from
July 1 to August 1.
a) Mr. Perretti said he submitted a Budget Summary to Council today
based on the Departmental FY 86/87 budget. He said this is a
Summary based on the department personnel requests, the Finance
Director's projection of operating expenses and the capital
requested by the departments in the Five Year Capital Plan.
Mr. Perretti said this is merely a preliminary budget and not his
recommended budget. He said late in July the City Manager will
submit his budget recommendations to Council for the coming year.
He said at this time, a projection by the Finance Director shows
that the general operation of the City will total approximately
13 million dollars for next year. He said presently the City is
spending approximately 10 million dollars.
Mr. Perretti said they will strive to present a final recommended
budget that will be acceptable to Council and the residents. He
said this report is without the benefit of the tax information
from the County Tax Assessor's Office. He said that is why he
has requested that the date be changed from July 1 to August 1 for
submission of this information. He said they checked with other
cities in a tri-County area and have discovered that 98% have
August 1 as a cut-off date for transmittal of the budgets to the
Council. He said the County Tax Assessor does not give the City
the information on time, therefore, a full report cannot be given
to Council.
V/M Stein suggested the submission date be changed to July 31
because Council is in recess beginning August 1. He said he
agrees with Mr. Perretti's suggestion.
Mr. Perretti suggested that a Budget Workshop meeting be called
between the loth and 15th of July to bring Council up-to-date.
V/M Stein MOVED to authorize the City Manager and City Attorney to
draft the necessary legislation to change the budget submittal
date from July 1 to July 31. SECONDED by C/M Stelzer.
C/M Stelzer said the only figures that hold up the budget are the
appraised values from the County. He said there is no reason why
Council cannot get a budget by July 1 to work on through the month
of July. V/M Stein said it is important to know how much money
the City will take in to determine what can be spent.
VOTE: ALL VOTED AYE
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LEGAL AFFAIRS
22. Code Enforcement„$yard -- Discussion and possible action on:
a) Temp. Ord. 11271 ratifying Emergency Ordinance 86-33 which
created this Board. First Reading.
b) Temper Reso. #4202 - Appointment of seven (7) members to
this board for the following terms:
2 members for 1-year terms
3 members for 2-year terms
2 members for 3-year terms
c) TeMp, Reso.,-14203 - Appointing the City Attorney as counsel
to this board.
SYNOPSIS OF -ACTION: RESOLUTION NO. R-86-241 PASSED.
a) APPROVED on first reading. RESOLUTION NO. R-86-242 PASSED.
b) APPROVED as noted in minutes.
c) APPROVED.
a) Mr. Applegate read Temp. Ord. #1271 by title.
V/M Stein MOVED APPROVAL of Temp. Ord. #1271 on first reading,
SECONDED by C/M Stelzer.
V/M Stein said this is just a housekeeping measure.
VOTE•
ALL YQTED AY
b) Mr. Applegate read Temp. Reso. #4202 by title.
C/M Stelzer said..there is a requirement for 7 members and..there
are only 7 applicants. He nominated the following:
Barry Eden and Mervin Cohen for one-year terms
Morris Glicksman, Harold Black and Irving Tepper for two-year
terms.
Henry Schulman and.Lawrence Schneider for three-year terms.
Mayor. Hart asked for further nominations and, hearing none,
C/M Stelzer MOVED APPROVAL of Temp. Reso_.*#4202 appointing those
named, SECONDED by C/M Gottesman..
Mayor.Hart noted for the record that the Florida Statutes have
certain requirements for members, when possible, and the following
fill certain requirements:
Mery Cohen for Realtor
Barry Eden for Developer
Irving.Tepper for Engineer
Harold Black for Architect
Morris Glicksman for Attorney
Larry Schneider for Businessman
Henry Schulman for Attorney
Mayor Hart noted that each of these men reside in different
sections of the City.
Marilyn Bertholf, City Clerk, asked what the date of expiration
would be and the City Attorney said it would be one year from the
date of appointment. C/W Massaro asked when they start meeting
and Mr. Applegate said he started the Code Enforcement Board in
the City of Pompano Beach and it took two or three Workshop
Meetings before the Board considered a case. .
Mr. Applegate said the staff must be educated on how to complete
affidavits and forms and he encouraged.the new appointees to
attend a meeting of the City of Pompano Beach Code Enforcement
Board to.determine how Tamarac's new. Board will operate. He said
he feels it..wil1 take.two.to three months before cases are
actually heard.
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Mr. Applegate said it must also be determined what the meeting
time each month will be and he suggested the Board members make
that decision.
VOTE: ALL VOTED AYE
c) Mr. Applegate read Temp.,Reso. #4203 by title.
C/M Gottesman MOVED APPROVAL of Temp. Rego. _#4203 appointing City
Attorney Applegate as counsel to the Code Enforcement Board,
SECONDED by V/M Stein.
yQTE:
ALL VOTED AYE
Mr. Applegate said the Resolution clearly states that the City
Attorney can be appointed as Board attorney without a conflict of
interest.
23. Local OptignrCge_Tax,- T so 4201 - Discussion and
possible action to approve the Third Amendment to Interlocal
Agreement with Broward County providing for division and
distribution of the proceeds of the local option gas tax
imposed by the Broward County Local Option Gas Tax Ordinance.
SYNQPSIS 9F_ ACTION:
APPROVED.
RESOLUTION NO. R-86-243 PASSED.
Mr. Applegate read so 4201 by title.
V/M Stein said this Resolution is affirming the City's right to
receive the 1/2 cent gas tax and he MOVED APPROVAL of Temp.
Reso. 14201, SECONDED by C/M Stelzer.
VOTE:
ALL VOTED AYE
24. Appointmgnt of Assistant City M n r - Temp.Reso.
#4188 - Discussion and possible action to ratify the appoint-
ment of Larry Perretti as Assistant City Manager.
SYNOPSIS QF ACTION:
APPROVED as amended.
RESOLUTION NO. R-86-244 PASSED.
Mr. Applegate read Tgmp. Reso,4188 by title.
C/M Gottesman MOVED APPROVAL of TgMp. Rgso. 14188, SECONDED by
C/M Stelzer. C/M Stelzer said he would like to amend the Resolu-
tion on Line 4 of the Title, which should read, "...establishing a
salary" instead of "salaries".
VOTE: ALL VOTED AYE
25. Annexation - Discussion and possible action on:
a) Report by staff
b) Retention of Consulting Planner for this project.
SYNQPSIS OF ACTION:
a) C/M Stelzer gave a report.
b) The Council Liaison was
authorized to contact
consultants for a fee to
hire a Consultant Planner
and present report to Council.
a) C/M Stelzer said the Zoning Aide has received very little informa-
tion regarding annexation. He said there were some Eagle Scouts
working with the Community Development Department to obtain
population figures and that Department has requested a Consultant
City Planner be hired to handle annexation.
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C/W Massaro said she understood that this Department did not want
a Consultant City Planner involved. She said they told her they
Tape 9 would only need someone to handle this as they do in Cooper City
where Richard Rubin handles the annexations to a point and after
that Alan Ruf, Consultant City Attorney, gets involved. She said
if Mr. Ruf cannot handle this, then Attorney Mike Krul of Ruden,
Barnett, McCloskey, Shuster & Russell, handles it.
.C/M, :St .
elz,er said as Liaison, both the Chief Building Official and
the City Planner told him that they would appreciate the help of a
Consulting City Planner. V/M Stein said he spoke with the City
Planner recently and Ruden, Barnett, et. al., will not represent
the City of Tamarac because they feel it would be a conflict of
interest. He said the City Attorney will recommend an attorney
for this purpose.
.V/M Stein said the new City Manager, John -Kelly -,.has experience in
Planning and he said he would like authorization to use a Consult-
ing City Planner. He said Richard Rubin has told him that Tamarac
has property designated as annexation pieces and something should
be done. He said this should be investigated further.
b) V/M Stein MOVED to AUTHORIZE the Liaison to contact various people
with the City Manager's approval, to advise Council on the fee for
a Consultant Planner. SECONDED by C/M Stelzer.
VOTE:
C/M Gottesman Aye
C/M Stelzer Aye
C/W Massaro Nay
V/M Stein Aye
Mayor Hart Aye
27. Salary Revigw Committee - Temp. Reso. #4189 - Discussion and
possible action to appoint no less than five (5) members to
review the City Council salaries and expense accounts and
procedures.
SYNOPSIS OF ACTION: RESOLUTION NO. R-86-245 PASSED.
APPROVED.
Mr. Applegate read Temp. Reso. #4189 by title.
V/M Stein MOVED APPROVAL of Tgmp, Rgsp. #4189, SECONDED by
C/M Stelzer.
Melanie Reynolds, resident, said in 1976 Mayor Walter Falck said
"The City is sooner or later going to have to consider raising the
salaries of elected officials if it wants to continue to attract
qualified people on the City Council." She said Mayor Falck
continued, "While he does not see this happening in thenear
fut,ure,,he is interested in forming a Citizens Committee to look
into the question of Council's salari.es."
VOTE•
28. Tract 24
rescind a
document
SYNOPSIS OF ACTION:
APPROVED.
ALL VOTED AYE
- Stipulation 122 - Discussion and possible action to
Motion of the City Council which approved this
on June 14, 1985.
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Mr. Applegate read Alan Ruf, Consulting City Attorney's memo to
Council which stated that the site plan has been voided and all
development fees have been returned to the property owner. He
said Mr. Ruf stated that Stipulation #22 should be rescinded by
Motion.
V/M Stein so MOVED, SECONDED by C/M Gottesman.
VOTE:
ALL VOTED AYE
29. Animals -- Temp.,. -Ord. #1273 - Discussion and possible action to
amend Code Section 4-2 pertaining to uncontrolled animals to
define the term "owner" and to provide penalties for violation
of this section of the Code. First Reading.
SYNOPEIS_ OF ACTION:
APPROVED on first reading.
Mr. Applegate read Temp. Ord. #1273 by title.
V/M Stein MOVED APPROVAL of Temp. Ord._-#1273 on first reading,
SECONDED by C/M Gottesman.
TE:
REPORTS
ALL VOTED_ AYE
38. City Council - No reports.
39. City Manager - No report.
40. City Attorney_ -
Mr. Applegate said he will work with the City Manager and City
Clerk to try to make the process of backup for each meeting more
organized. He said he does not approve of Council accepting items
subject to other things happening.
Mayor Hart adjourned the meeting at 5:20 p.m.
r /
Bernard Hart
MAYOR
City Clerk
This public document was promulgated at a cost of $277.09 or
$11.69 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.
cffY OF TAMARAC
APPROVED AT MEETING OF o
City Clerk
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