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HomeMy WebLinkAbout1985-06-26 - City Commission Regular Meeting MinutesF r4M u n �(ORI�P P.O. BOX 25010 TAMARAC, FLORIDA 33320 FIRST CLASS MAIL CITY OF TAMARAC CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY, JUNE 26, 1985 CALL TO ORDER: 9:00 A.M. ANNOUNCEMENTS OF TIME ALLOCATIONS - MOTIONS TO TABLE - The Chair at this time will announce those items which have been given a specific time to be heard, and will entertain motions from Council members to table those items which require research. Council may agendize by majority consent matters of an urgent nature which have come to Council's attention after publication. PRESENTATIONS AND AWARDS 1. Employee Service Awards - Presentation by City Manager Johnson of five-year pins to Joseph McIntosh and Scott Silverman, Police Department, Brett Soloway, John Gerhard and John Schumacher, Fire Department, Tony Brantley, Utilities West, and Ken Friedrichs, Public Works. BOARDS AND COMMITTEES 2. Announcement of vacancies existing on the following committees: a) Insurance Advisory Committee - 2 vacancies b) Public Information Committee - 3 vacancies c) Board of Social Services - 1 vacancy 3. Board of Adjustment - Announcement of expiration of the terms of c'�ice of one regular and two alternate members If anyone is interested in serving on the above committees, please contact the City Clerk's office for an application. CONSENT AGENDA 4. Items listed under Item #4, Consent Agenda, are viewed to be routine and the recommendation will be enacted by one motion in the form listed below. If discussion is desired, then the item(s) will be removed from the Consent Agenda and will be considered separately. a) Minutes of 4/24/85 - Regular Meeting - Approval recommended by City Clerk. b) Minutes of 5/8/85 - Regular Meeting - Approval recommended by City Clerk. 6/2.6/85 p8. 1. Presentations were made 6/26/85 pgs. 6 & 7 Announce- ment of vacan- cies made 6/26/35 pg . 7 Announcement o 1 vacancies made 6/26/85 pss. 7-CA APPROVED Items a) - d) and g) through R); Item e) way REMOVED and TABLED; Item f)I was REMOVED ant APPROVED PAGE TWO 6/26,/85 c) Minutes of 6/6/85 - Special Meeting - Approval recommended by City Clerk. d) Shailer, Purdy & Jolly - Counsel for contraband forfei- tures - Services for March, April and May, 1985 - $333.23 - Approval recommended by City Attorney. e) Muller, Mintz, Kornreich, Caldwell, Casey, Crosland and Bramnick, P.A. - Labor Counsel-5/3/85 and 6/4/85 invoices - $2,981.10 - Approval recommended by City ittorney. f) Mitchell Ceasar, P.A. - Consulting Services for Univer- sity Drive Widening Project - June, 1985 - $1,000.00 - Approval recommended by City Manager. g) George Feld & Associates, Inc. - Tamarac Park Satellite Building - Payment #4 - $20,450.87 - Approval recommender by Chief Building Official and City Planner. h) Utilities West Office Building (Project 84-17) - Approval of Change Order #1 increasing the contract by $1,190.00 to a new total of $118,042.00 as recommended by Engineering Department. i) Tract 2, Land Sections 5 and 6 - Release of Restrictive Covenant with Leadership Housing - Approval to remove this item from the agenda (tabled from 10/10/84) j) Bid Award for monthly printing of "Tam -A -Gram" (City Newsletter) - Approval to reject all bids because of temporary suspension of activities relating to this publication. k) Independent Audit of Finance Department - Approval to remove this item from the agenda (tabled from 6/12/85). GENERAL ADMINISTRATIVE/FINANCIAL S. Broward League of Cities Business - Discussion and possible action. 6. Northwest Council of Mayors Business - Discussion and pos- sible action. 7. Bid Awards - Utilities West - Discussion and possible action to award bids for the following: a) Bid 85-17 - Laboratory equipment and supplies, reagents and laboratory furniture - Temp. Reso. #3664 b) Bid 85-18 - Laboratory equipment, supplies and reagents - Temp. Reso. #3665 c) Bid 85-19 - Laboratory reagent water and supplies - Temp. Reso. #3666 d) Bid 85-20 - Laboratory furniture - Temp. Reso. #3667 e) Bid 85-21 - Laboratory supplies and equipment - Temp, Reso. #3668 f) Bid 85-22 - Laboratory composite sampler - Temp. Reso. #3669 g) Bid 85-24 - Quad Hose - Temp. Reso. #3683 1 6/26/85 pg. 9 Mayor Kravitz gave a report. 6/26/85 pgs.9 & 10 Mayor Kravitz gave a report. 6/26/85 pgs. 19 - 22 APPROVED a) - g) Li PAGE THREE 6/26/85 8. Sanitary Sewer Rehabilitation (Project 84-4) - Temp. Reso. /26/85 P8s. #3684 - Discussion and possible e .pp __. p _—_— action to approve: ---_-- 17-19 APPROVEi a) change Order No. T b) Change Order No. 2 = c) Change Order No. 3 d) Payment to Interstate Pipe in the amount of $32,084.77, Invoice 1351 9. Cit De ositor - Discussion and possible action regarding 6/26/85 p8s. 47 & 48 AU - the City's sweep (checking) account at NCNB Bank of Florida. THORIZED City Report and recommendations. (tabled from 6/12/85) Attorney to 10. City Departmental Reorganization - Discussion and possible contact NCNB 6 p8s, action on: 10 & 11 a) Report by City Attorney on City Manager's authority to a) City Attor reorganize departments ney gave b) Establishing a provision in the Code outlining the report. organization of City departments and divisions by Temp. b) & c) TABLEI Ord. #1206. First Reading. c) Confirmation of the following appointments by the City Manager: 1) Larry Perretti as General Services Director/Assistant City Manager 12 11, 2) Michael Couzzo as Public Works Director 6/26/85 pgs. 26&27 CM au - Tract 27 Soccer Field - Status Report Regarding Lights - thorized to Discussion and possible action. prepare bid forms to li.8hi Independent Auditor for FY 1984/85 - Discussion and possible one field action concerning engagement: of an auditor. 6/26/85 pgs. 2&3 TABLED Municipal Complex - General Obligation Bonds - Discussion 6/26/85 pgs. and possible action on: 3&5 TABLED a) Authorization for Touche Ross & Co. to assist in the cash flow analysis b) Authorization for Touche Ross & Co. to provide comfort letters at the time of the offering and closing of G.O. Bonds c) Authorization to proceed with these bonds 14. Munici al Com lex - Discussion and possible action on: a Status report on plans (tabled from 6/12/85) b) Payment of Miller & Meier Invoice F1307 in the amount of $35,191.66 (tabled from 6/12/85) c) Employment of a construction manager by the City for this project d) Establishment of a Preconstruction Review Committee e) Preparation of engineering drawings for off -site improvements PUBLIC HEARINGS - 2:00 P.M. 15. Child Care Facilities - Temp. Ord. #1204 - Discussion and possible action to amend Chapter 12A of the Code to conform to Broward County Code regarding minimum outdoor space per 41 child requirements. Second Reading. 6/26/85 pgs. 10-17 a Mepori ;riven; b) TABLED; c) AUTHORIZED Construction Manager posi- tion; d)TABLEI e)AUTHORIZED Miller & Meier to proceed with off -site drawings 6/26/85 p8.37 APPP.OVED on SECOND & FINAL READING. P.H. held PAGE FOUR 6/26/85 16. Bruce Egan - Rezoning Petition #27-Z-84 - Temp. Ord. #1148 6/26/85 pgs. revised)- Discussion and possible action to rezone lands 38-39 at the southeast corner of University Drive and NW 64 Street,a) ACCEPTED extending eastward to the western boundary of Vanguard b) APPROVED Village and southerly to St. Malachy Church property, from on Second & R-3 (Low Density Multiple Dwelling) to B-2 (Planned Bus- Final Reading iness) and S-1 (Open Space/Recreation). This action is P.H. held pursuant to Court Order. Second Reading. a) Acceptance of Affidavit of Publication b) Consideration of application 17. Jasmine Project Pulte Homes Corp.) - Discussion and pos- 6/26/85 pg. 39 sible action on: APPROVED a) & a) Petition #1-V-85 - Vacation of certain utility easements b) on SECOND within a portion of Cypress at Woodmont III (Woodmont & FINAL, READ -- Tract 77 and a portion of Tract 68) - Temp. Ord. #1201 ING. P.H. held Second Reading b) Petition #2-V-85 - Vacation of certain drainage easements within a portion of Cypress at Woodmont III (Woodmont Tract 77 and a portion of Tract 68) - Temp. Ord. #1202 Second Reading 18. Sale of Alcoholic Beverages - Temp. Ord. #1203 - Discussion and possible action to amend Chapter 3 of the Code by pro- viding for a special permit to allow extended hours for on - premises consumption. Second Reading. LEGAL AFFAIRS 6/26/85 pgs. 39 & 40 APPROVED on SECOND & FINAL READING.P.H. - held 19. Sale_ of Alcoholic Beverages - Temp. Reso. #3670 - Discussion 6/26/85 p 41 and possible action to establish a fee schedule for special & 42 permits allowing extended hours for on -premises consumption. APPROVED Al AMENDED 20. Morgan, Lewis & Bockius - Special Counsel for ESM Litigation 6/26/85 pgs. a) AUTHORIZED a) nsfer Discussion and possible action on: -- a) Additional authorization for funds for professional to to Services transfer legal fees & b) Payment of 5/28/85 statement for professional services CM in the amount of $31,546.90. to create (tabled from 6/12/85) fund for money b) APPROVED 6/26/85 pg-4u 21. Woodlands Section 2, Phase 1 - Temp. Reso. #3671 - Dis- cussion and possible action to vacate a 5-foot utility APPROVED easement between Lot 10 and Parcel G-10 of Block 18. COMMUNITY DEVELOPMENT 22. Financial Center at Woodmont - Discussion and possible 6/26/85 pg.45 action on: a) REMOVED a) Concept site plan b) APPROVED b) Stipulation #19 - Temp. Reso. #3672 (tabled from 6/12/85) 23. Woodlands Section 2 - Revised Site Plan - Temp. Reso._ 6/26/85 p #3673 - Discussion and possible action on a revised site 50 APPROV plan for a Clubhouse screen porch enclosure. 24. Peking Restaurant - Revised Site Plan - Tem Discussion and possible action on a revised addition of a laundry room for a washer and PAGE FIVE 6/26/85 Reso. #3675 - 6/26/85 pg.19 site plan for APPROVED AS dryer. AMENDED 25. S & H Green StampRedemption Center - Discussion and pos- sible action on: a) Stipulation #18 - Temp. Reso. #3631 b) Site Plan - Temp. Reso. #3676 c) Landscape Plan d) Water and Sewer Developers Agreement e) Water Retention Agreement f) Canal Maintenance Easement - Temp_. Reso. #3677 g) Right -of -Way Deed for 2-feet along McNab �Road�- Temp Reso. #3678 h) Utility Easement - Temp. Reso. #3679 (to be located on the north side of McNab Road, west of NW 80 Avenue) 26. Northwood II - Discussion and possible action on: aY Site Plan #3 - Temp. Reso. #3674 b) Water and Sewer Developers Agreement (to be located at the southwest corner of Nob Hill Road and Southgate Boulevard) 27. Springlake II - Bond Release - Temp. Reso. #3680 - Dis- cussion and possible action to release a warranty bond posted for public improvements. 6/26/85 pgs. 42-44 APPROVED a), e), and h); APPROVED AS AMENDED b), c) and d) 6/26/85 pgs. 21 & 22 APPROVED 6/26/85 pg.23 APPROVED 28. 29. Woodmont Tract 64 - Bond Release - Temp. Reso. #3501 - Dis- cussion and possible action to release a cash bond posted to guarantee removal or demolition of a temporary structure (tabled from 2/27/85). Lake Colony/Brookwood Gardens - Warrant Bond - Temp. Reso. 3656 - Discussion and possible action to call a bond posted for public improvements (tabled from 6/12/85). 6/26/85 p8.51 APPROVED 6/26/85 pgs. 46 &47 APPROVED 30. Tract 24 - Temp. Reso. #3681 - Discussion and possible action to temporarily waive the platting requirements in Chapter 20 of the code in order to construct public improvements. pg.4 TABLED to 7/10/85 31. The Arbors at Isles of Tamarac - Model Sales Facility - Dis- cussion and possible action to renew a model sales permit and waiver of the 150-foot distance requirement for certificates of occupancy (tabled from 6/12/85). 6/26/85 pgs. 45 & 46 APPROVED 32. Heftler Homes - Water and Sewer Developers Agreement - Dis- cussion and possible action to authorize the appropriate City officials to execute assignment agreements for the following lots: a) Lot 2, Block 5 - James and Lena Marsh (tabled from 6/12/85). b) Lot 1, Block 1 - Michael and Jill Taylor c) Lot 10, Block 2 - Edward and Deanne Lindoo 6 6 .05 pgs. 51 & 52. Lleft- ter Homes re - quired to pay gt!aranteed revenues plus w/conditions 33. Laird's Hardware Store - Sign Waivers - Temp. Reso. #3682 - Discussion and possible action to ratify Council's action regarding sign waivers. 6/26/85 pgs. 40 & 41 APPROVED 34 35. Versailles Gardens - Model Sales Facility - Discussion and possible action to amend the conditions imposed by Council when this facility was approved. REPORTS 36. City Council 37. City Manager 38. City Attorney City Council may consider and act upon such other business as may come before it. Pursuant to Chapter 286.0105, Florida Statutes, if a person decides to appeal any decision made by the City Council with respect to any matter considered at such meeting or hearing, he may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is based. CITY OF TAMARAC Carol E. Barbuto Assistant City Clerk Following are the residential and'commercial zoning districts in the City: R-1 - Single Family Residence B-2 - Planned Community Business R•lB A R•1C - one -Family Dwelling B-3 - B-5 - General Business Limited Business District R.2 - Two -Family Dwelling B-6 - S-1 - Business District Open Space/Recreational RD-7 - Two -Family Dwelling 1-1 - Institutional R-3U R-3 - Row House - Low Density Multiple Dwelling 14-1 - Light Industrial RM-5 - Residential Multi -Family M-2 - A-1 - Medium Industrial Limited Agricultural RM-10 Dwelling - Planned Apartment A-5 - Agricultural/Excavation R-4A - Planned Apartment T-1 - Trailer Park District R-5 - Motel/Hotel B-1 - Neighborhood Business PAGE SIX 6/26/85 Woodview Tract 38 - Calico Country - Discussion and possible 5/26/85 . pgs action on a revision to the Water and Sewer Developers Agreement. 6/26/85 p8.52 APPROVED 6/26/85 p8.53 6 6 85 pg.53 6/26/85 pgs. 52 & 53 39. PAGE SEVEN 6/26/85 Tnterlocal Agreement with Broward Count regarding the 6/28/85 5th—anU 6th Cent Gas Tax - Discussion and possible pg. 50 action. Allen ize by onsent on 6/26/85). ;reconvened meeting APPROVED 40. Fenton Decorators - Violation of Zonin. Code by Doing Up o steU_Wort - Discussion and possible action 41. Word Processing E ui ment for TUW - Discussion and 42. FP&L Phoenix Substation - Beautification-- Discussion and possi le action 1 I 6/26/85 pg. 1 & 47 -Owner given 3 months' extension 6/28/85 pgs 1 & 2 Recon- vened mtg. APPROVED 6/28/85 Re- convened mq pgs. 1 & 2 APPROVED w/ conditions CITY OF TAMARAC, FLORIDA 1 I JUNE 26, 1985 REGULAR CITY COUNCIL MEETING TAPE CALL TO ORDER: Mayor Philip B. Kravitz called the meeting to 1 order on Wednesday, June 26, 1985 at 9 A.M. in Council Chambers. PRESENT: Mayor Philip B. Kravitz Vice -Mayor Helen Massaro Councilman Arthur H. Gottesman Councilman Raymond J. Munitz Councilman Sydney M. Stein ALSO PRESENT: Elly F. Johnson, City Manager Jon M. Henning, City Attorney Carol Barbuto, Asst. City Clerk Diane Williams, Secretary (AM) Patricia Marcurio, Secretary (PM) MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Kravitz called for a Moment of Silent Meditation followed by the Pledge of Allegiance. 39. Interlocal Agreement with Broward County Regarding 5th and 6th Cents Gas Tax - Discussion and possible action. SYNOPSIS__OF ACTION: Agendized by consent (See Pages 27 & 28) V/M Massaro MOVED to agendize by consent the Interlocal Agreement with Broward County regarding 5th and 6th Cents Gas Tax for discussion and possible action. C/M Gottesman SECONDED. VOTE: ALL VOTED AYE 40. Fenton Decorators - Violation of Zoning Code by Doing ,Upholstery Work - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent (See Page 47) V/M Massaro MOVED to agendize by consent Fenton Decorators for violation of zoning code for discussion and possible action. SECONDED by C/M Stein. VOTE• ALL VOTED AYE 1. Employee _Service _A]vards - Presentation by City Manager Johnson of five-year pins to Joseph McIntosh and Scott Silverman, Police Department, Brett Soloway, John Gerhard and John Schumacher, Fire Department, Tony Brantley, Util- ities West, and Ken Friedrichs, Public Works. SYNOPSIS OF ACTION: Presentations were made Brett Soloway, and Tony Scott Silverman and John and Ken Friedrichs, were receive their pins. to Joseph McIntosh, Brantley, Gerhard, John not available Schumacher, to 1 6/26/85 /vdw City Manager Johnson expressed pleasure in presenting five-year pins to: Joseph McIntosh, Police Department Brett Soloway, Fire Department Tony Brantley, Utilities West The following were not in attendance to receive their five- year pins: Scott Silverman) John Gerhard ) John Schumacher, Ken Friedrichs, Police Department Fire Department Public Works 12. Independent Auditor For FY 1.984 85 - Discussion and possible action concerning engagement of an auditor. SYNOPSIS OF ACTION: TABLED to next meeting for further research; auditor to submit a Letter of Engagement outlining the proposal and a firm dollar figure to avoid conflicts. Mr. Henning said that during dicussion with the auditors the question arose as to whether they were under a one- year or three-year contract. He said that City Manager Johnson aked for a legal opinion on the letter agreement. Mr. Henning said that he had a copy of the Expression of Interest issued by the city seeking an auditor for one year; he referenced, in part, "to audit the City of Tamarac's financial records and Utility Fund Budget for Fiscal Year 1983-84 and possibly for additional fiscal years". Mr. Henning stipulated that actual approval was for that one-year audit. The City Attorney acknowledged that it is almost time to start preparation for the next fiscal year. Mr. Henning said the auditors included in their letter agreement an option to do the audit this year for an increase of two- thirds of the Consumer Price Index (CPI). V/M Massaro asked what the figures are for the Consumer Price Index. Mr. Henning said that he did not know at this moment but it would be less than 5%, last year's audit was $17,500 and the cost this year would be under $20,000. Mr. Henning stated that Council is cognizant that they have the alternative of either accepting the proposal or going through the process of interviewing new auditors which is time-consuming. V/M Massaro stated that before Council enters into an agreement such as this that Council should have a firm figure from them and a new proposal so that they do not misinterpret that this is a three-year contract. She allowed that Council may want to enlist the services of another auditor when the year is up and that she wanted to know exactly what they are talking about in dollars and cents. V/M Massaro asserted displeasure that they do not have "a meeting of the minds" as to what the agreement originally stated. Therefore, she MOVED to TABLE this item until Council receives the proper information. C/M Munitz requested that before the item is tabled Council should pay attention to the last paragraph of the June 21 memo from the City Attorney whereby he suggested that Council have the auditors prepare a new Letter of Engagement and Council should instruct them to prepare this. V/M Massaro stated that she wanted to review it before approval. I I I 2 6/26/85 /vdw C/M Gottesman asked if Council would have sufficient time to pick up this option if it is carried over to July. Council assured him that there would be enough time. Mayor Kravitz reported that he met with the auditors and presented the question of whether it was a one-year contract or three. He said as Council -appointed liaison he would definitely call them and request a Letter of Engagement and finalized figures within the next few days and distribute to Council. Mayor Kravitz asked Mr. Stan Brooks, of Touche, Ross & Co., to meet with him, again, to discuss the exact amount, etc., so that it may be presented to Council. V/M Massaro requested that Council be made aware of the percentages and the interpretation in dollars and cents. Mayor Kravitz did acknowledge discussion of the amount at the last meeting he had with Mr. Brooks. C/M Munitz SECONDED. VOTE: ALL VOTED AYE 13. Municipal Complex - General Obligation Bonds -- Discussion and possible action on: a) Authorization for Touche Ross & Co. to assist in the cash flow analysis b) Authorization for Touche Ross & Co. to provide comfort letters at the time of the offering and closing of G.O. Bonds c) Authorization to proceed with these bonds SYNOPSIS OF ACTION: TABLED to next meeting until Engagement Letter is received. Mr. Henning said the question is whether or not this involves the Letter of Engagement and whether this is this year's audit or last year's audit. He said that it was his impression that the Engagement Letters referenced come under last year's contract. The City Attorney said that Mr. Brooks indicated to him that he would be agreeable to a 3% increase on the previous item. V/M Massaro queried if he meant two-thirds of the 3%; Mr. Brooks said that with inflation it was pro- bably four and a fraction and they will accept 3% if Council wants to get it of the table. V/M Massaro stated that she wanted to see the letter. Mr. Henning said Council needs to make a statement to the staff and consultants if they are ready to proceed with the Municipal Complex and that the City should do whatever is necessary to get the bonds sold. He said this does not mean that the city is making a commitment as to the amount, interest rate or whatever but emphasized that advertising needs to be set up, sales dates, etc. He stressed that the foremost issue is to get a rating. 3 6/26/85 /vdw Mr. Henning recalled that the first step before the ESM matter broke was that the rating was cancelled before the City received it even though they had indications that they would get a good rating. The City Attorney said the first step is a cash flow analysis to present to the rating agencies showing them the city's financial posture and an update from the audit and the way the city is treating the ESM investments. Mr. Henning said part of this item would be to allocate, subject to Council's approval, the ESM investments to particular accounts on which they would not need the money immediately. He indicated in his memo that the Finance staff would be doing much of the work under the supervision of Touche Ross & Co. He cited a letter from the city's Special Counsel which indicated that this action would not be detrimental to the city's lawsuits or cases. He indicated that $4070 is the proposal for the authorization for Touche Ross & Co. to assist in the cash flow analysis; documents will be prepared to send to the rating agency so that the city can secure a rating on the bonds. b) Mr. Henning said the city needed at least two letters; the first letter, which is the larger one, will be $4,700, and the second comfort letter, which is an update at the time of closing, will be $1500. Mr. Henning said the total would be $9270 and that he assumed that all this involves bond cost and would not come from the General Fund. V/M Massaro asked the meaning of closing of G.O. Bonds. Mr. Henning said that at the actual sale there is an advertisement approximately 30 days in advance and then bids are received and determination is made as to who will buy the bonds, the rates and the amounts by Council's approval. Upon questioning by V/M Massaro, Mr. Stan Brooks, of Touche Ross & Co.'s Fort Lauderdale Office, explained that the closing date is the date that the cash changes hands; in other words, a comfort letter is required at the effective date of the offering and then another on the date that the cash changes hands. He noted the reason they inserted an additional notation on their letter is that often after the initial comfort letter is prepared, there is a delay in an offering date of maybe one or two months. He said, in that case, another comfort letter is required, and still need another at the effective date. He said the assumptions are that there would be one comfort letter and financial statement to cover through the month of June plus transactions that are not on the financial statement yet through the offering date. Mr. Brooks said that an update of that letter would be required approximately 45 days later at the closing. V/M Massaro asked if that was the $1500 letter. Mr. Brooks replied that she was correct. 4 J 6/26/85 /vdw Mr. Brooks assured C/M Gottesman that only the underwriters would receive the comfort letters. He said the only thing that the people would see is a requirement for consent in the offering document and the consent would be signed as of the date of the offering. V/M Massaro said that in view of the fact that Council is awaiting the Letter of Engagement that Council should take action on this item at the same time and they will have a chance to review and analyze the information. V/M Massaro MOVED that this item be TABLED. SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE 34. Woodview Tract 38 - Calico Country - Discussion and possible action on a revision to the Water and Sewer Developers' Agreement. SYNOPSIS OF ACTION: DENIED request by mortgagee that City be subordinate in case of loss. (See also page 27) Mr. Henning stated that there are two parts for discussion and that a representative from Calico is present to address Council, if they desire. He. recalled that at the recon- vened meeting (6/14/85) there were a couple of urgent items going on and that he was called out of the meeting when this item was discussed. He said there was a request to hold the checks for the connection charges in escrow because the closing for this property is not scheduled for another couple of weeks on July 15. He continued that the checks were deposited, as is customary procedure. Mr. Henning said there appeared to be some misunderstanding as to whether the city would be willing to hold this all in escrow until the actual closing date. The City Attorney said, secondly, South Florida Savings Bank wants the language to read, "Any lien created or arising out of this document shall be inferior and subordinate in all respects to any first mortgage executed by and between Bruma Development Corporation, as Mortgagor, and South Florida Savings Bank, as Mortgagee, and/or any renewals, modifications, extensions or future advances thereto". He said South Florida Savings Bank indicated a strong reluctance to sign off on this as the lender unless their first mortgage is superior to the city's lien. C/M Stein said he was opposed to it. He said that the city's lien is the first lien and that they cannot develop without the city's lien. Mr. Henning said that they obviously needed the water service to develop. V/M Massaro stated that the city will not be subordinate to anybody. She said that is not the usual role of a municipality. She asserted that the lender knew that and that the request should never have been made. V/M Massaro said she would be absolutely against it. Mr. Henning said that he would advise the bank of Council's opposition to being subordinate. 5 6/26/85 /vdw C/M Stein MOVED to TABLE this item. V/M Massaro said that she is against tabling. Mr. Henning said there was a letter requesting that that language be included in the water and sewer agreement. C/M Stein AMENDED his MOTION to DENY the request. V/M Massaro stipulated denial of the request for subordination and SECONDED. VOTE: ALL VOTED AYE V/M Massaro said that she did not remember them requesting that the check be held because Council could have and probably would have taken a different form of action and everything would have been made subject to this closing. She said the city was in a position whereby this approval should not stand and that Council needs to rescind or hold approval in abeyance until the closing. Mr. Henning referenced Chapter 7 of the Charter stating that it is the obligation of the staff to deposit checks the day they are received. Mr. Henning said that the city has held documents in escrow before recording but it would be unusual to hold checks. C/M Stein advised that Council should get a new set of checks and hold all the papers in escrow until this closing. V/M Massaro added that the item will have to be put back on the agenda to rescind the action taken and initiate new action. C/M Stein concurred that action be taken subject to the checks clearing on the closing. V/M Massaro suggested the item be brought back this afternoon. Mr. Henning asked Mr. Koerber if he expected to pull any permits or do any improvements to the property before the closing date. Mr. Koerber said that they did not. Mr. Henning asked him if everything was held in escrow until the closing if he would have a problem. Mr. Koerber indicated that there would be no problem. He asked Mr. Koerber if Council did not withdraw their approval but made them subject to closing would that cause him a problem. Mr. Koerber said that it would not cause a problem. V/M Massaro said that she thought Mr. Koerber was talking about a sales office. Mr. Koerber said that all they are really asking is if they could put a trailer on the side and that he would make a $2000 deposit; in the event of any problem, the money would be there to remove the trailer and to cover the city's expenses. He said that what he is asking is to get ahead of their closing time on the property and to put the sales office trailer only on the site and nothing else. V/M Massaro reiterated that this matter should be discussed this afternoon allowing Mr. Henning time to research the details of what was approved and to bring in the appropriate material for Council this afternoon. Mayor Kravitz concurred. 2. Announcement of Vacancies Existinq_On_,The_Pollowing Committees; a) Insurance Advisory Committee -- 2 vacancies b) Public Information Committee - 3 vacancies c) Board of Social Services - 1 vacancy SYNQPSI-S_QP ACTION: Announcement of vacancies made. 6 6/26/85 /vdw Mayor Kravitz announced the existence of vacancies on the following committees: a) Insurance Advisory Committee - 2 vacancies b) Public Information Committee - 3 vacancies c) Board of Social Services 1 vacancy He advised anyone wishing to apply to obtain an application from the City Clerk's Office. 3. Board of Adjustment -- Announcement of expiration of terms of office for one regular and two alternate members. SYNOPSIS OF ACTION: Announcement of vacancies made. Mayor Kravitz announced the expiration of terms of office for one regular and two alternates to serve on the Board of Adjustment; he advised that anyone wishing to serve on this committee contact the City Clerk's Office for an application. 4. Consent Agenda a) Minutes of 4/24/85 - Regular Meeting - Approval recommended by City Clerk. b) Minutes of 5/8/85 - Regular Meeting - Approval recommended by City Clerk. c) Minutes of 6/6/85 - Special Meeting -- Approval recommended by City Clerk. d) Shailer, Purdy & Jolly - Counsel for contraband forfeitures - Services for March, April and May, 1985 - $333.23 - Approval recommended by City Attorney. e) Muller, Mintz, Kornreich, Caldwell, Caey, Crosland and Bramnick, P.A. - Labor Counsel - 5/3/85 and 6/4/85 invoices -- $2,981.10 - Approval recommended by City Attorney. f) Mitchell Ceasar, P.A. - Consulting Services for University Drive Widening Project - June, 1985 - $1,000.00 - Approval recommended by City Manager. g) George Feld & Associates, Inc. - Tamarac Park Satellite Building - Payment #4 - $20,450.87 - Approval recommended by Chief Building Official and City Planner. h) Utilities West Office Building (Project 84-17) -- Approval of Change Order #1 increasing the contract by $1,190.00 to a new total of $118,042.00 as recommended by Engineering Department. i) Tract 2, Land Sections 5 and 6 -- Release of Restrictive Covenant with Leadership Housing -- Approval to remove this item from the agenda (tabled from 10/10/84). j) Bid Award for monthly printing of "Tam -A -Gram" (City Newsletter) - Approval to reject all bids because of temporary suspension of activities relating to this publication. 7 6/26/85 /vdw k) Independent Audit of Finance Department - Approval to remove this item from the agenda (tabled from 6/12/85). SYNOPSIS OF ACTION: APPROVED items a) through d) and g) through k); Item e) was REMOVED and TABLED; Item f) was REMOVED and APPROVED. V/M Massaro stated that she would like to remove items e) and f). V/M Massaro MOVED to APPROVE all items with the exception of e) and f). SECONDED by C/M Gottesman. Vickie Beech, resident, asked for an explanation of Item i). Mr. Henning responded that at previous meetings there were discussions as to whether a deed restriction which prohibited children under the age of 16 on Tract 2 which is off (Nob Hall Road just south of Southgate Boulevard) be removed requested by Leadership Housing. He said there were deed restrictions on four parcels and that this was one of them included at the time a rezoning request was made many years ago. He said that the item had been TABLED for many weeks and Mr. Potash, at a recent meeting, acknowledged that on behalf of Cardinal Industries, the new purchaser, that they were abandoning the request to remove the deed restriction against children. He concluded that by removing it from the agenda does not mean that Council is addressing it again and the deed restriction will remain. VOTE: C/M Stein Absent C/M Munitz Aye C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye f) V/M Massaro asked if Council was to receive a letter or memorandum from Mitch Ceasar monthly. Mayor Kravitz said not according to the contract. City Manager Johnson explained that this is the final payment under the contract. Mr. Henning stipulated that it is a one-year contract. V/M Massaro asked if he was required to make a monthly report and she had no objection to the bill realizing that it is part of the contract. C/M Gottesman inquired if this was a final payment would it be permissible to ask him to file a final summary. Mr. Henning and City Manager Johnson both asserted that this was not for final work. C/M Gottesman asked if this payment was considered as an advance. Mayor Kravitz replied that it was because Mr. Ceasar was given half at the beginning and $1000 monthly thereafter. C/M Gottesman said that he still thinks that half the payment requires a report. Mayor Kravitz stipulated that he has the entire year. C/M Gottesman was advised that Mr. Ceasar came in last month and gave an oral report. Mayor Kravitz said Council also has a written report. 6/26/85 /vdw V/M Massaro MOVED to approve Item f). SECONDED by C/M Munitz. VOTE: C/M Stein Absent C/M Munitz Aye C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye Tape V/M Massaro asked that Item e) be TABLED as she had 2 many questions to ask on it. SECONDED by C/M Munitz. VOTE: C/M Stein Absent C/M Munitz Aye C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye 5. Broward League of -Cities - Discussion and possible action. SYNOPSIS OF ACTION: Mayor Kravitz gave a report of last meeting. Mayor Kravitz acknowledged that Council had received copies of the minutes. He stated that the Broward League is very active. He informed Council that a Board meeting for the league will be held on July 21 1985 and anyone wishing to attend the Board meeting is welcomed. Melanie Reynolds, resident, noted that last year the Charter Board received copies of the minutes and that they have not received minutes for this year's meetings. Mayor Kravitz said he will see that the Charter Board receives a copy. C/M Gottesman referenced that the Broward League of Cities had an item regarding street vendors and advised Council to study it and give their impressions on it. Mayor Kravitz informed him that after he has studied it he can have it agendized at any time. 6. Northwest Council of Mayors Business - Discussion and possible action. SYNQP9I.BS OF ACTION: Mayor Kravitz gave a report of last meeting. Mayor Kravitz reported that the Northwest Council of Mayors discussed the tabling of the manner of voting by the Broward League of Cities and noted that Fort Lauderdale and Hollywood had more votes than the ten (10) cities in the Northwest Council. He said they passed a resolution and sent it off and that was tabled, also. Mayor Kravitz was asked to draft a letter to the Broward League of Cities asking them to take action. He said he received a letter in response stating that this matter will be considered at the July 2, 1985 meeting and review whether any action will be taken by them. Mayor Kravitz informed Council that the Northwest Council of Mayors meets every second Monday and highlighted the upcoming agenda. 9 6/26/$5 /vdw Mayor Kravitz said they will be meeting tomorrow to discuss engagement of a secretary to attend the meetings and prepare the minutes whereby each city will be charged a nominal amount to pay for this service. C/M Gottesman asked if the payment schedule will be based on population. Mayor Kravitz said that he did not know but reiterated that the cost would be nominal and assumed that it would be under $100. He said that he would not recommend that it be based on population. 14. Municipal _Complex - Discussion and possible action on: a) Status report on plans (tabled from 6/12/85) b) Payment of Miller & Meier Invoice F1307 in the amount of $35,191.66 (tabled from 6/12/85) c) Employment of a construction manager by the City for this project d) Establishment of a Preconstruction Review Committee e) Preparation of engineering drawings for off -site improvements SYNOPSIS OF ACTION: (See page 25) a) Status report given by C/M Gottesman. b) TABLED c) AUTHORIZED the position of a Construction Manager though the normal hiring practices e) AUTHORIZED Miller & Meier to proceed with the off --site engineering drawings and permits. d) TABLED to a workshop meeting to allow Council time for research a) C/M Gottesman reported that Council is confronted with very serious problems; he continued that Council would like to "get off the ground" in building the Municipal Complex, which includes City Hall and Police Department. C/M Gottesman stated that they did receive from Miller & Meier a model board which was displayed in the West Con- ference Room to allow everyone to get a visual idea of the municipal complex. He said that many people were impressed with the display model and acknowledged that some people felt this was too costly for a city the size of Tamarac. He stipulated that the comments he received were a cross -sectional representation of the city and felt that Miller & Meier should be cognizant of them. C/M Gottesman said the major problem is the site plan. He explained that Council had approved a site plan submitted to them some time ago but learned that many people did not understand what they were approving or what the city was approving because of the format. He mentioned that a president of a well -established consulting firm reviewed the drawings and expressed concern that the architects' obligation to the City had not been fulfilled because the display model was not representative of the picture shown in the brochure. C/M Gottesman reported that the consultant commented that the people were entitled to a building location of their choice and input as to what goes on the site plan. i 10 6/26/85 /vdw C/M Gottesman quoted from Miller & Meier's program book "We believe after comparisons with the pros and cons of the two sites, it Tamarac's advantage for a better planned building environment to locate the Municipal Complex on the NW 88th site"; he remarked that this was not true but realized that Miller & Meier were under no true obligation to conform exactly as outlined in the brochure. He said the deviations were such that the people were objecting to it. C/M Gottesman said the people felt that they had paid for a community center program and that it was not accurately shown nor labeled on the display model for future development. He said the corner allocated was not sufficient to erect a building of 15,000 to 20,000 sq. ft. whereby he requested that the site plan be rearranged in accordance with what they voted for and would like to see. C/M Gottesman asked for freedom to move the buildings a little more to allow room for the Community Center and have it shown on the site plan; he reasoned that the final site plan will show everything. He said that he wanted to shift the police station and place the community hall behind it with the notation "For Future Planning". C/M Gottesman explained that the city has tried to work within the architects' limitations but asked for comments from the Planning Commission and the Beautification Committee in the hopes of eliminating further problems. C/M Gottesman stated that the Planning Commission and Beautification Committee have stated that they would "swallow" the present format despite the fact that they disliked it and that they felt that it was within the architects' realm to allow the city the freedom to update the site plan. He asked that these proposed changes be made within the $10,000 cap allocated to them for rework and indicated that $4,000 of this amount had been spent. He acknowledged that they cannot move forward without an approved site plan. He requested that Miller & Meier show Council what they are doing. C/M Gottesman said that the proposed site was chosen because it was most suitable for solar energy and noted that Mr. Kenyon informed Mr. Henning and Mr. Rubin that the worst direction to position a building is facing south. Mr. Miller and Mr. Kenyon corrected C/M Gottesman indicating that they said west. C/M Gottesman acknowledged that but stated that the south gets the sun all day long and they try to minimize the east and west exposures. Mr. Miller stipulated that west was what they had discussed because the south has "good" sun in that it is controllable. C/M Gottesman asserted that any movement of the building would not be very effective since the air conditioning system has been designed for a maximum load. C/M Gottesman said that he is not requiring appreciable movement but that movement is required. He said that he would like Miller & Meier's concurrence so that they can get the site plan approved and the construction drawings underway. He said the construction plans are being reviewed for code application and asked Bob Jahn, Chief Building Official, to give a status report as to the review of the two sets of drawings Council has received. 11 � 6/26/85 Bob Jahn, Chief Building Official, reported that the structural review of the plans were completed late yesterday afternoon and acknowledged that it was not in its final form as it was marked preliminary. Mr. Jahn explained that the structural plans are now being reviewed by the electrical department but cited eight (8) code questions or changes. C/M Gottesman stated that the changes will come later and indicated that there may not be a need to get into this until they get over this hurdle. Jordan Miller, Miller & Meier, stated that they would like to make the requested changes if they can be in- corporated easily. He said he believed the atmosphere for bidding is very good now and that the more delay encountered, the more ability to complete the buildings that Council has seen within the proposed budgets. Mr. Miller asked if C/M Gottesman's consultant was a mechanical consultant; C/M Gottesman answered that he was part of a consulting firm which employs various engineers and that he has been Board certified for 40 years. Mr. Miller asserted that it was hard to answer questions like that to which C/M Gottesman countered that he was not posing the consultant's questions but had made statements for his own backup. That the consultant felt that the request to move the building and shift it to allow an area for the community center was not an unreasonable request. Jordan Miller said the area for the community center is included in the preliminary drawings. He explained that what C/M Gottesman referred to are "working drawings" and are submitted to bidders indicating what the con- tractors wish to buy and do not show things that are proposed for future development. C/M Gottesman said that the people felt that the building shown should be more central and asked that it be moved around and that the parking lot be turned around. Mr. Miller informed C/M Gottesman that they would make the changes within the money and anticipated no problems. C/M Gottesman said he wanted the rotation of the building restricted by 15 feet. Mr. Miller said rotation of the building is contingent on their ability to deal effectively with the sun because it is a major contributor to the need for air conditioning and that they would have to determine the type of glass used. He said they have oriented the building to accept the controllable sun to the south and the north and blocked the sun primarily from the east and the west. He ex- plained that if the building is rotated and takes direct sun in early morning or late afternoon they will then have to redesign to add more cooling to cope with the heat or block that sun with a type of glass and it costs money. C/M Gottesman distinguished that Mr. Miller was referring to construction money and that he requested a drawing. 12 6/26/85 /VDW v Mr. Miller said that he was talking about construction money because part of his obligation is to build the complex within the price range quoted. C/M Gottesman concurred but asked Mr. Miller if he did not agree that they had assigned the maintenance costs a very low priority in view of all the glass proposed for incorporation in the building. He said that many people were not cognizant that the proposed building has an entire domed ceiling, a wide alcove and an atrium with space not being utilized except to air condition two floors. He suggested that they might have condensed it. Mr. Miller continued that all he was suggesting is that if the building is turned they will have to redesign something that is already in the plans. He said as far as the design of the building that they have been presenting it for two years now on a regular basis throughout their work and thought that they had Council's approval all along. C/M Gottesman said that he was asking for Miller & Meier's approval to make the slight changes so that they can continue with the site plan. Jordan Miller reasoned that if they are slight changes there will be no problems. C/M Stein said that C/M Gottesman referenced "the people" and stated that there were 30,000 people in Tamarac and maybe 20 to 30 expressed their views. He said, secondly, that the city hired this firm because they have confidence in their ability and that Mr. Miller said that he had no objections to moving the building but that they do not want to move it too far which would require design changes. He said that he did not expect the architects to give them a cost estimate if they plan on moving the proposed complex more than 15 degrees. He added that if Council wants to move it 20 to 30 degrees that he does not recommend it until the architects can inform Council of additional construction costs and maintenance costs. Florence Bochenek reported that the most important thing is that the building be seen. She noted that the parking was changed from the front of the building. She cited that the only other objection by the Beautification Committee is that the Police Station is too prominent. Emil Beutner reported that the Planning Commission requested that the buildings be interchanged. He ex- plained that the Police Department Building be moved south and City Hall moved north. He feels that the glass roof should be eliminated because maintenance costs would be prohibitive. He asked that the space allocated for the Vice -Mayor be expanded. Mr. Beutner said he could not see the need for individual offices in the Building Department but rather a partitioned area for each inspector. He said he did not see a place for emergency generators. 13 6/26/85 /VDW Max Ingram, resident of Lime Bay, said he reviewed the plans and found much to be desired. He said the architects' priorities are in complete reverse because their first consideration is aesthetic appearance at the expense of designing a practical office layout for productivity, convenience and efficiency. He said that they were also oblivious to the safety of the people in case of fire. Mr. Ingram cited additional shortcomings as: -The location of the City Hall Police Station and Community Center are not located on the site to the best advantages with respect to convenience, accessibility, energy conservation and appearances. -The Police Station need not be so large an area and costly. He said there was an increase from 4527 sq. ft. to 20,000 sq. ft. nearly 4 1\2 times the need rated for a city with a population of 75,000 at a cost of $2 million which he considered excessive. -Modern technology for energy conservation has been overlooked. He said instead of air conditioners, heat pumps or co -generation is the application of using waste heat from ceiling lamps and machines to heat the buildings during cold spells. -Glass tops on the roof will absorb heat from the sun increasing cooling costs and require a tremendous amount of maintenance. Tape --There is a flagrant waste of 18% total floor area 3 for the atrium and the planted spaces on both floors covering approximately 7,000 sq. ft. of needed office space and corridors. Mr. Ingram said they are unuseable spaces in the center of the complex which would cost the city three quarters of a million dollars plus needless maintenance. -The architect failed to include a ramp from the street level to the second floor center to accommodate the handicapped. --There is an inoperative elevator which would not support heavy and large equipment. -Needs an emergency rapid exit for people on the second floor in case of fire. -The office layout for the ground floor is badly laid out without straight -through corridors. He cited the lack of sufficient fire exits and the deadends and labyrinths would make it impossible for anyone to reach an exit to safety during a fire under heavy smoke, blackouts and toxic fumes. Mr. Ingram said he strongly recommended that the architects, at their own expense, redo the plans under the guidelines set forth by C/M Gottesman and his committee. Mr'. Miller asked C/M Gottesman to show him the sketch with the proposed changes so that he can fully understand what he is talking about. c) V/M Massaro said that they should discuss the hiring of a construction manager. She asked Mr. Miller if the city would get the 1% credit that Miller & Meier planned on using as their portion for managing construction of the building if the city hired its own construction manager. She said that she would like the management of construction to be removed from Miller & Meier's agreement. Mr. Miller explained that their work is general super- vision and that a construction manager usually does what a contractor does. He said that they have work to do during the finishing of the buildings to insure that the designs are followed. V/M Massaro said that is what they would have the manager for. 1 1 14 6/26/85 /VDW Mr. Miller said that is not what a construction manager normally does but that he is used to go out and purchase the building in pieces; and a construction manager would not eliminate Miller & Meier's work. Mr. Henning rephrased the question to ask if the agreement is revised to relinquish Miller & Meier of any responsibility in supervising the job (l) would they accept it and (2) would the city receive a credit. Mr. Miller responded that they would if they are released of responsibility of the buildings and that they would give the city a credit. He acknowledged that they still have some work to do so it would not be that exact percentage. C/M Gottesman stated that Bob Jahn and the city engineer highly recommended it and stated that they felt it would expedite the job, save money, blunders and will be the city's "eyes and ears" on the job. He asked Council to approve the hiring of a construction manager. Mr. Henning said that Mr. Johnson indicated in Council's backup that the salary for a construction manager would be around $50,000. V/M Massaro MOVED that Council authorize a construction manager, the details of which Council will discuss later, through proper channels. SECONDED by C/M Stein. VOTE: ALL VOTED AYE C/M Stein MOVED to authorize the City Manager to inter- view people for this position and come back at the next regular meeting and give Council a report. Mr. Johnson said there was no way he could accomplish this by the next meeting. He advised Council that the procedure used to fill any position be utilized which is to place an ad soliciting resumes, narrow applicants to the ones most suitable for the job, interview them and make recommendations for first and second choices to Council. C/M Stein amended the motion to authorize the City Manager to advertise the position and come back to Council when he is ready with the recommendations of the Chief Building Official and the City Manager. V/M Massaro added that it be done as soon as possible. The City Manager stated that Council needed him to proceed with the normal hiring practices for a staff person. SECONDED by V/M Massaro. VOTE: ALL VOTED AYE 15 6/26/85 /VDW d) C/M Gottesman stated that the function of a preconstruction review committee would be to sit with the architect and go through the construction drawings before actual construction begins. He suggested that this committee be composed of Bill Greenwood, Bob Jahn, Dick Rubin, Elly Johnson, Arthur Gottesman and Max Ingram. Mayor Kravitz informed C/M Gottesman that he could not do it that way. V/M Massaro suggested that Council hold a workshop meeting in the near future with the architects and "walk through" the plans. She said that other people could be invited but informed Council that she did not want any more committees. C/M Stein stated that before he made a motion to table, any action taken by Council will be worthless unless they get the bond issue off the ground. He said that if Council did not have the money they would not be able to build and the money for the municipal complex is coming from the sale of the bonds. C/M Stein said the city needed a rating and once it is acquired, Council will know how fast the bonds can be floated. He continued that without a rating Council may not be able to float them. C/M Stein MOVED to TABLE Item d) for a workshop meeting to allow Council time for research. V/M Massaro SECONDED. Jordan Miller said that he concurred with having a workshop meeting. VOTE: ALL VOTED AYE e) C/M Gottesman said the plat drawings have to be changed so they can be presented to the County Commission. He said that it was an off -site addition and approval is needed. C/M Gottesman stated that Craven and Thompson revised the drawing. V/M Massaro said that Craven and Thompson wanted $4500 and that there was a possibility of having it done in-house for $2100. C/M Gottesman stated that there had been discussion as to the preparation of engineering drawings for the off - site improvements and understood that this was the best way to proceed. As requested by C/M Gottesman, Dick Rubin referenced a memo from C/M Gottesman to Council outlining three alternatives for obtaining the engineering drawings for the off -site additions. He said there was a quote from Craven and Thompson which included the permit. Mr. Rubin said that Craig Kenyon also offered his engineers to do the work at a quoted price of $2100. He said the third alternative was to contact Mr. Mercer, the city"s consultant, but that he has not received his quote. Mr. Rubin suggested that Council check with Mr. Kenyon to see if they have a proposal. Craig Kenyon, Miller & Meier, stated that if they did the off -site work it would simply be part of their present contract with the city. He said that 7% of the estimated $30,000 cost provided by Dick Rubin would be $2100 and would include the engineering drawings. He said that their engineers would not be doing the work as they would hire consultants to do the work. C/M Gottesman acknowledged that they have two proposals; one for $4500 and one for $2100 and that he needed a motion to proceed. 16 6/26/85 /VDW Mr. Rubin clarified that the plat has been prepared and approved by the County Commissioners and that no changes are required in the plat. He said, however, that the County Commission will not sign their names nor record it until the city submits engineering drawings of the off -site improvements to them. C/M Stein MOVED to authorize Miller & Meier to proceed with the off -site engineering drawings and permit for a sum not to exceed $2100. Mr. Kenyon indicated that this would become part of their base contract and that it would be 7% of whatever it costs. They did not know the figures but that they would bid the off -site work as part of the rest of the work. He said the total price would still be 7% so it would not be an additional service to the contract. The only action required of Council, in accordance with their contract, as it stipulates that they are not supposed to work off -site, is authorization for them to do off -site work in accordance with their base contract. Mr. Henning advised Council that they could either take the 7% proposal or ask for a fixed figure. C/M Stein said that his motion is 7% not to exceed $2100. V/M Massaro asked Mr. Rubin if he felt comfortable with the $30,000 figure. Mr. Rubin explained that when the County estimates the cost of all the bonds they also say what the cost of off -site work will be. He said the $30,000 figure is generally derived through the County's estimate but that it was a ballpark figure. C/M Stein reiterated the MOTION to authorize Miller & Meier to proceed with the off -site engineering drawings and permits at 7% not to exceed $2100 based on an estimated cost of $30,000. C/M Gottesman SECONDED. Mr. Henning asked Mr. Kenyon if they were officially offering to do this work and they said they were. VOTE: ALL VOTED AYE b) C/M Gottesman said that Mr. Kenyon had submitted data including a breakdown of their billing and that he was trying to tie it in with Council's own breakdown. He said that he has not had adequate time to digest the information and MOVED to TABLE the item for further study. V/M Massaro SECONDED. VOTE: ALL VOTED AYE 8. Sanitary Sewer Rehabilitation (Project 84-4)_ Temp-, Reso. 3684 -- Discussion and possible action to approve: a) Change Order No. 1 17 6/26/85 /VDW b) Change Order No. 2 c) Change Order No. 3 d) Payment to Interstate Pipe in the amount of $32,084.77, Invoice 1351 SYNOPSIS OF ACTION: APPROVED Temp. Res. #3684 Resolution No. R-85-202 PASSED Mr. Henning read Temp. Res. #3684 by title. Tony Nolan confirmed that Williams, Hatfield & Stoner are performing the construction services as well as the administrative services on the Wastewater System Rehabilitation Project. He said the first two change orders were essentially "housekeeping" changes, the first of which refers to a change in methodology as far as testing was concerned. Mr. Nolan said the second change deals with a provision in the specifications to water surface elevations in the brown mantle in which the sewer system is installed. He explained that they are both technical in nature. Mr. Nolan said the third change reflects a change in contract quantities and items which affect money and asked Council to address themselves more closely to this change. He noted that there was a breakdown of the figures concerning the contract noting that it will cost $55,000 to purchase the materials needed to seal the cracks for the holes, pipes and manholes and there is also a reduction of $47,000 for a method of pipe rehabilitation. Mr. Nolan continued to give Council a complete explanation of the breakdown. Bill Greenwood, Utilities Director/City Engineer, asked Mr. Nolan if Williams, Hatfield & Stoner had contacted the U.S. Army Corps of Engineers and if they had received a determination as to whether the proposed changes will be grant eligible. Mr. Nolan replied that he had spoken verbally with them but had no written confirmation. He indicated that the procedures that are being followed are standard in the construction industry and recognized by the EPA and the Corps of Engineers. He explained that the contract was let using estimated quantities and some of those quantities have changed and that they may all be changed substantially between now and the time the contract is completed He acknowledged that the three (3) change orders have been discussed with the Corps of Engineers and they have advised him that they have no difficulty with them. Mr. Nolan said once Council approves them, they will be sent to EPA for their review and concurrence and acknowledged that his telephone conversation with them indicated that there would be no problems in getting their approval. City Manager Johnson advised Mr. Nolan of a conversation with someone from his firm who indicated a $500 cost and that Mr. Nolan's breakdown indicated an $8,000 net increase and asked for an explanation. Mr. Nolan said that he could not speak on the $500 con- versation but that the $8000 is the bottom line of the change order. Mr. Greenwood said that Mr. Johnson was referencing a presentation by a representative of Williams, Hatfield, & Stoner to the City Manager, City Attorney and himself. 1 18 6/26/85 /VDW Mr. Greenwood said the representative informed them that the total changes were in the magnitude of $212,000 plus and a $212,000 negative with an approximate $500 differential between them. He said those were only a part of the changes that were within the entire list. V/M Massaro asked if they could come together at some point in time. Mr. Nolan replied that it could. He said they have reviewed the contract that the contractor is working under and it was their opinion that they will probably finish at or below the initial bid price but it was just a question of how they are approaching the repairs as they go through the system. He explained that the original study was done four (4) years ago and there have been some things that have been repaired by the city and also some repairs have become evident that were not there or were not evident before. Mr. Nolan said that it is a unit price contract and that there will be some fluctuation. d) V/M Massaro asked if the payment of $32,084.70 was in order. Mr. Greenwood recommended that it be approved. V/M Massaro MOVED the adoption of Temp. des. #3684. SECONDED by C/M Munitz. VOTE: ALL VOTED AYE Bill Greenwood added that all payments will come from CTAC funds. 24. Pekin Restaurant - Revised Site Plan --Temp. Res. 13675 - Discussion and possible action on a revised site plan for addition of a laundry room for a washer and dryer. SYNOPSIS OF ACTION: Resolution No. R-85-207 PASSED APPROVED Tem . Reso. #3675 as amended Mr. Henning read Temp. Reso. #3675 by title. V/M Massaro MOVED the adoption of Temp. Reso. #3675 as amended requiring that the mechanical equipment, if placed on the roof, be shielded by a parapet as stipulated in the City Code. SECONDED by C/M Stein. C/M Munitz asked about the Planning Commission's comments that it was approved subject to verification of parking tabulations. Dick Rubin advised Council that Peking Restaurant has revised the parking tabulations and their parking is in compliance with the City Code and the question raised by the Planning Commission has been resolved. 7. Bid A rds - Utilities West - Discussion and possible action to award bids for the following: a) Bid 85-17 - Laboratory equipment and supplies, reagents and laboratory furniture - Temp. Reso. #3664 b) Bid 85-18 - Laboratory equipment, supplies and reagents - Temp. Reso. #3665 19 6/26/85 /VDW c) Bid 85-19 - Laboratory reagent water and supplies Temp. Res. #3666 Tape d) Bid 85-20 - Laboratory furniture - Temp. 4 Reso. #3667 e) Bid 85-21 - Laboratory supplies and equipment - Temp._Reso. #3668 f) Bid 85-22 - Laboratory composite sampler Temp.-Reso. #36.69 g) Bid 85-24 - Quad Hose -- Temp._ Reso. _#36.83 SYNOPSIS OF ACTION: a) Bid awarded to American Scientific Products in the amount of $26,455.54. b) Bid awarded to Fisher Scientific Company in the amount of $2,449.00. c) Bid awarded to Culligan Water Conditioning Company in the amount of $5,121.00 and Fisher Scientific Company in the amount of $795.00. d) Bid awarded to Fisher Scientific Company in the amount of $27,360.00. e) Bid awarded to Curtis Matheson Scientific, Inc. in the amount of $534.97. f) Bid awarded to ISCO, Inc. in the amount of $5,928. g) Rejected original bids and authorized appropriate city officials to enter into negotiations to procure 500 ft. of quad hose without fittings. Resolution No. 85-195 PASSED Resolution No. 85-196 PASSED Resolution No. 85-197 PASSED Resolution No. 85-198 PASSED Resolution No. 85-199 PASSED Resolution No. 85-200 PASSED Resolution No. 85-201 PASSED a) Mr. Henning read Tem Reso. #3664 by title. V/M Massaro MOVED the adoption of Temp.,ResO._43664 (Bid 85-17) awarded to American Scientific Products in the amount of $26,455.54 for laboratory equipment and supplies, reagents and laboratory furniture. SECONDED by C/M Stein. VOTE: ALL VOTED AYE b) Mr. Henning read Temp. Reso. #3665 by title. V/M Massaro MOVED the adoption of Temp. Reso. #3665 (Bid 85-18) awarded to Fisher Scientific Company in the amount of $2,449.00 for laboratory equipment, supplies and reagents. SECONDED by C/M Stein. VOTE: ALL VOTED AYE c) Mr. Henning read Temp. Reso._ #3666 by title. V/M Massaro MOVED the adoption of Temp. Reso. #3666 awarded to Culligan Water Conditioning Corporation in the amount of $5,121.00 and Fisher Scientific Company in the amount of $795.00 for laboratory reagent water and supplies. SECONDED by C/M Stein. VOTE: ALL VOTED AYE 20 6/26/85 /VDW d) Mr. Henning read Temp_Reso.#3667 by title. V/M Massaro MOVED 'the adoption of Temp. Reso. #3167 awarded to Fisher Scientific Company in the amount of $27,360.00 for laboratory furniture. SECONDED by C/M Stein. VOTE: ALL VOTED AYE e) Mr. Henning read Temp. Reso. #3668 by title. V/M Massaro MOVED the adoption of Temp. Reso. #3669 awarded to Curtis Matheson Scientific, Inc. in the amount of $534.97 for laboratory supplies and equipment. SECONDED by C/M Munitz. VOTE: ALL VOTED AYE f) Mr. Henning read Temp. Reso. #3669 by title. V/M Massaro MOVED the adoption of Temp. Reso. #3669 awarded to ISCO, INC. in the amount of $5,928 for. laboratory composite sampler. SECONDED by C/M Stein. VOTE: ALL VOTED AYE g) Mr. Henning read Tem . Reso. 13683 by title. V/M Massaro MOVED the adoption of Temp. Reso._#3683_ AS REVISED rejecting the original bid for 500 feet of quad hose without fittings and that the appropriate city officials be authorized to enter into negotiations. VOTE: ALL VOTED AYE 26. Northwood II - Discussion and possible action on: a) Site Plan #3 - Temp. Reso. #3674 b) Water and Sewer Developers Agreement (to be located at the southwest corner of Nob Hill Road and Southgate Boulevard) SYNOPSIS OF ACTION: Resolution No. R-85-213 PASSED APPROVED _. a) Mr. Henning read Temp. Reso. #3674 by title. Dick Rubin stated that Northwood II has installed all of their public improvements for the entire development. He said they were dividing the development into several stages and the third one is before Council for approval today which consists of 25 units. He said he recommended approval of the revised site plan. V/M Massaro brought to Council's attention the sloping of the bank on another project. 21 6/26/85 /VDW , Mr. Rubin explained that the Planning Commission informed them that it was an obligation of Northwood 11 to slope the canal bank on the south side of the property which lies on Tract 2 which is owned by Cardinal Industries known as Greenview. He said that V/M Massaro would like assurance from the applicant that he is proceeding with the agreed sloping and that the City Attorney has re- ceived a license from Tract 2 granting HLR permission to enter their property to reslope the canal bank. Emil Seutner said he observed that they were working on the sloping. b) Council acknowledged receipt of a letter from staff recommending that the water and sewer developers agree- ment be approved. V/M Massaro informed Council that the Parks & Recreation fees have already been paid and added that all of the normal fees have been paid and they are in compliance with Council's requirements. V/M Massaro MOVED the approval of Temp. Reso. #367�4. SECONDED by C/M Stein. VOTE: ALL VOTED AYE Mr. Henning said that he reviewed the Water and Sewer Agreement and it appeared to be in order and provides for the 25 ERC's. He asked Mr. Perry to have the agree- ment executed as the owner since he is the owner/ developer. Mr. Perry presented a check for $38,250 to the Assistant City Clerk for water and sewer connection charges. V/M Massaro MOVED the approval of the water and sewer agreement as presented. SECONDED by C/M Stein. VOTE: ALL VOTED AYE 22 6/26/85 % /vdw �/ n J 1 27. S rin lake II - Bond Release - Tem Reso. #3680 - Discussion and possible action to release a warranty bond posted for public improvements. SYNOPSIS OF ACTION: Resolution No. R-85- ��� PASSED Temp. Reso. #3680 * Mr. Henning read Tem Reso. #3680. V/M Massaro MOVED the adoption of 'i- emp C/M MunLtz. VOTE: ALL VOTED AYE Reso. ##3680. SECONDED by 39. Interlocal Agreement _With _Broward_County- Regarding 5th and 6th Cents Gas Tax SYNOPSIS OF ACTION: Agendized by consent on page Item held for afternoon session (see pages 1 & 27) Pete Corwin, Broward County Budget Office, said the County Commissioners authorized its staff to distribute interlocal agreements to the 28 municipalities in Broward County that would approve the continuation of the distribution of the 5th and 6th cents gas tax should it be approved by the board on August 6. He said that the State statute requires agreement concurrences for this amendment prior to July 1 if the County continues with its present plan or adopts the 5th and 6th cents interlocal gas tax in order to determine distribution of funds. He said the County Commissioners recognized the short amount of time that they have to deliberate on this decision, and if the tax is approved on August 6, it will only be for a one-year period. He said they could reconsider it when they have had a chance to talk with the municipalities to discuss the use of the proceeds from not only the 5th and 6th cents gas tax but the first 4 cents which has been in effect for two years now. He said the agreement before Council does not affect the first four cents gas tax that is effective through 1988 but simply would indicate the cities' approval to proceed with the current distribution formula. Mr. Corwin said the County Commissioners formally ratified the interlocal agreement, and a public hearing has been tentatively scheduled for August 6. He said that the present four cents gas tax generates the City of Tamarac approximately $250,000 and the additional two cents would generate another $125,000. * Editor's Note: Adoption of Temp. Reso. #3680 released Bond No. 400GS4983 in the amount of $68,506.37. 23 6/26/85 /vdw V/M Massaro asked if Council approves the agreement would it automatically extend the four cents tax for thirty years. Mr. Corwin said that it does not but if the Board chose to extend the four cents gas tax, it would require independent action adding that they have the opportunity to address it between now and 1988. He stipulated that next year the Board will be addressing the continuation of the two cents tax. He said that there are several decision points but the ultimate decision to pass the tax does not have to be made until August 6 when the Board of County Commissioners would adopt an ordinance that would increase the local option gas tax from four to six cents. He said the July 1 decision is to meet the statutory deadline to determine the methods of distribution for the proceeds as,pa result of the additional two cents. C/M Stein inquired if the cities did not agree on this amend- ment would there have to be a countywide referendum. Mr. Corwin said that was correct but that they can do it without the cities' approval and without a referendum but the revenue would automatically' be distributed from the additional two cents in accordance with historical expense patterns. C/M Stein said that he believes they are getting misin- formation from the County and asked the City Attorney to investigate it. He said that Hollywood has already rejected the proposal. V/M Massaro said that she understood that if they approve this amendment that it would automatically extend the four - cents gas tax for thirty years. C/M Munitz asked if there were any restrictions as to how each municipality may use the money generated from this additional gas tax. He said that he had read in the paper that the County planned to audit the cities to determine how they used the funds derived from the third and fourth cents gas tax and declared the entire issue as confusing. Mr. Henning said the outrage should probably go to the State Legislature and not the County Commission because they were the ones who rushed this bill through. Mr. Corwin said the only restriction involved with ex- penditure of these funds is in the area of transportation. The original distribution, calculated two years, would have to be updated if the 80-20 method of adoption is chosen. J 24 6/26/85 /vdw 1 Mr. Henning asked if the 80-20 was based on County cal- culations. Mr. Corwin said that they were. Mr. Henning explained that what they would be passing is, essentially, the 37.5 percent and 62.5 percent break- down, which originated from the League of Cities, with minor changes for a period of one year. V/M Massaro suggested discussing this item after lunch affording the City Attorney an opportunity to research the subject further. 14. Municipal Complex - Discussion and possible action on: a) Status report on plans (tabled from 6/12/85) b) Payment of Miller & Meier Invoice F1307 in the amount of $35,191.66 (tabld from 6/12/85) c) Employment of a construction manager by the City for this project d) Establishment of a Preconstruction Review Committee e) Preparation of engineering drawings for off -site improvements SYNOPSIS OF ACTION: Mr. Miller believed requested changes could be made within $10,000 allocated. (See pages 10 - 17) Mr. Jordan Miller, Miller & Meier, stated that he had reviewed some of C/M Gottesman's id)eas and determined that the location of the building seems to be reverting to the original site and he does not see that as a problem. He said the location of the police department would change but not substantially and could not foresee that as a problem. Mr. Miller said it looks as if the relocation of the parking could be accomplished and that all changes could be made within the $10,000 allocated by Council. He said the one change that could present problems is the possibility of a pond in front. V/M Massaro said that the pond in front is not necessary. Mr. Miller suggested that they do a site plan that echoes the thoughts of C/M Gottesman, and if it meets Council's approval, there will be no additional charge. He said the revised site plan will be presented at the workshop. Mayor Kravitz recessed the meeting for lunch at 12 Noon. 25 6/26/85 /vdw Tape 5 Mayor Kravitz called the meeting to order at 1:30 P.M. and all were present. GENERAL ADMINISTRATIVE FINANCIAL 11. Tract 27 Soccer Field - Status Report Regarding -Lights - Discussion and possible action. SYNOPSIS OF ACTION: The City Manager was authorized to prepare bid forms to light one soccer field with the funds to come from Recreation Impact fees. Maxwell Ingram, resident, said recently the Parks Commissioner, Lou Solomon, requested that he research the feasibility of employing the spare lights that were removed from the City park on University Dr. consisting of 23 - 1,000--watt mercury vapor lamps and there is a possibility of using those lights to light two soccer fields on Tract 27. He said he met with Dave Cobb, of FP&L and he agreed to bring in the power line into the soccer field at no charge to the City. He said he requested that FP&L donate poles to the City with no cost for equipment, however, Sharon Ellis, Parks and Recreation Director for the City, re- commended that the lights be for the full length field of 330-feet by 195-feet. Mr. Ingram said in view of that, the 23 mercury vapor lamps could not be used because the illumination produced would be in- sufficient to give the 20-foot candle power necessary in accord- ance with standards for a soccer field of that size. He said Sharon suggested this size field for games rather than a smaller one just for practices. He suggested Council consider the full application of lights to make the fields usable during the winter season when it gets dark earlier. He said without the lights there is only 50% utilization and approval for these lights would cost approximately $78,000. He said it is possible that the League could pay some of this amount and V/M Massaro said at one time the various mens' leagues were supposed to pay the various costs attributed to the parks. She said the Parks Commissioner told her it costs $1,500 per month to light one soccer field. Mr. Henning distributed his memo to Council, which had an attach- ment of Charter Section 7.13, regarding the referendum requirements for 1-1/2% purchases. He said the 3 conditions are a), b) and c) in the memo, namely, a capital improvement of approximately $150,000 or a smaller priced item if it requires the borrowing of money for the capital or if it requires the selling of bonds to finance the capital project. He said this should involve an improvement that can stand on its own such as lights, a score board, etc. and, legally, Council may spend up to $150,000 to install the lights. V/M Massaro asked if there could be a series of these expendi- tures and Mr. Henning said if lights were installed and then, in the future more lights were needed for a second field, it could be done. V/M Massaro said the people said no when this was put out for referendum and she questioned if Council is segmenting that project by considering the lights. Mr. Henning said the City will not know until the second or third year. C/M Munitz asked if anyone had the exact wording on the referen- dum which was defeated and Mr. Henning said he does not have it at the meeting. C/M Gottesman asked if Council does not have the right to take the money out of the Recreation Impact Fees and Mr. Henning said Council does have the right to take it out of the impact fees up to approximately $150,000. 26 6/26/85 /pm C/M Gottesman MOVED to authorize the City Manager to prepare bid forms to light one soccer field with the funds to come from the Recreation Impact Fund. SECONDED by V/M Massaro. City Manager Johnson said the Motion should be for him to go for bids on the project. V/M Massaro noted that the field is the south half of the soccer field at Tract 27. Vickie Beech, resident, said most cities have a user fee for City parks and she asked if Council considered this. V/M Massaro said some time ago the Council passed a Motion to have that done and Council will review this further. VOTE• COMMUNITY DEVELOPMENT 34. Woodview Tract 38 action on: a) Revision to the b) Ratification of SYNOPSIS OF ACTION: a) (See Pages 5 & 6). b) Agendized by Consent. APPROVED with conditions. ALL VOTED AYE - Calico Country - Discussion and possible Water and Sewer Developers Agreement. the sales trailer b) Mr. Henning said at the last Council meeting, Council authorized the waiver of platting and accepted a demolition bond for the sales trailer. He said he will arrange to hold the checks until the closing, which should be no later than 7/15/85. He said Council would be agreeing to not resubmit the check for the sewer charges at Tract 38. He said he will send a letter to them confirming this. V/M Massaro said there should be a condition attached to this sales trailer that it will terminate if the sale does not go through on 7/15/85. Mr. Henning said the City Clerk should be directed to put a status report by the City Attorney on this item on the agenda for the 7/24/85 Council meeting. V/M Massaro MOVED to ratify the sales trailer with the condition that the closing be 7/15/85 with the City holding the checks until 7/15/85 before resubmitting them for the water and sewer payment. She said the approval for the sales trailer will ter- minate if the sale does not go through on 7/15/85 and the sales trailer is to be removed or the demolition bond will be used to do so. SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE GENERAL ADMINISTRATIVE/FINANCIAL 39. Interlocal Agreement with Broward County regarding 5th__and 6th Cent Gas Tax - Discussion and possible action. SYN P IS OF ACTION: Agendized by Consent on Page 1) Held for later in day for more information (See Page 23). Mr. Henning distributed a hand out to Council and said he has a call in with the County General Counsel's Office concerning their 20% -80% split. He said Page 39 of the House Bill contains a new subparagraph 3A, with new language, "The first two cents shall be levied by an Ordinance adopted by majority vote of the governing body. The next four cents shall be levied by an Ordinance adopted by a majority plus one, which would be five votes, of the governing body or subject to approval by referendum majority vote of the governing body." 1 1 27 6/26/85 /pm Mr. Henning said in essence this is saying that the County Com- mission can pass the additional gas tax with a 5 out of 7 vote. C/M Stein said he would like to know what the other cities are doing and he suggested tabling this. C/M Munitz asked how the City could be hurt if it refuses this agreement and Mr. Henning said he called the Finance Department to contact the City of Hollywood to determine why they went against this. Mayor Kravitz said this item will be discussed further later in the day. LEGAL AFFAIRS 20..Morgang Lewis & Bockius - Special Counsel for ESM Litigation - Discussion and possible action on: T a) Additional authorization for funds for professional ser- vices b) Payment of 5/28/85 statement for professional services in the amount of $31,546.90. (tabled from 6/12/85) SYNOPSIS OF ACTION: a) Authorization was given for $50,000 to be taken from Contingency and put into legal fees and the City Manager is to create a fund for this money b) APPROVED payment of 5/28/85 statement for professional services with monies to come from fund City Manager is to establish. The following is a Verbatim Transcript of this item as requested by V/M Massaro: Mayor Kravitz: Jon, do you want to handle this? Mr. Henning: Yes. In the backup is your statement for the latest bill. There were some questions on billing. We have arranged to have Morris Brown here, who is the principal attorney handling our legal work with Morgan, Lewis & Bockius. He has some ... he could give you more information on the break -down of the billing and also, if you want to hear a brief status report from him. He has a computerized billing system. I have the bottom lines, which usually Council wants to know what the bottom line is, so at the bottom of his printout we have a break -down of the various attorneys, the number of hours that were spent and the dollars that were charged as a result of each of the various types of work done here. There are two or three attorneys that are doing the bulk of the work. If you look in the top left corner of the printout, you will see there are three attorneys that are over the $5,100 and he can explain their involvement and then the hours are in the right hand column. And, that is how they got to the total which is at the very top line-$32,252.00. There are some other expenses added here but this is the computerized breakdown. As far as the individual work that they did ... he can explain to you better in more detail on how they reached these hours. He brought a printout with him but I thought that you all would want to see the bottom line. 6/26/85 /pm V M Massaro: And I...if I may...I'd also like to know what point we are at...where we are going ... what's happening now. Morris Brown: If it pleases the Council, probably the most exped- itious thing I can do is first summarize exactly where it is that we are at with The City of Tamarac... Mayor Kravitz: May I suggest that you identify yourself for the record. Morris Brown: Oh, I'm sorry. I'm Morris Brown. I'm the Partner at Morgan, Lewis & Bockius, who is primarily in charge of the actions commenced by Tamarac to recover its 7 million dollars of ESM liquidations. We have filed two actions so far in this case, one against Bradford Trust Co., one against Alexander Grant. We have also participated actively in the determination as to whether ESM itself should be liquidated as a stock broker or liquidated in the course of a normal bankruptcy. Morris Brown: Both Grant and Bradford have responded to our complaints. In the Grant complaint we brought an action here in South Florida alleging that Alexander Grant was at least negligent in the preparation of the financial statements upon which the City of Tamarac relied in doing business with ESM, if not reckless or culpable at an even higher level. There are approximately 8 other actions that have been filed against Alexander Grant by other entities involved in ESM, some cities, some S & L's, and there will be several more. Judge Gonzalez, sitting locally in the Southern District of Florida here, entered an order approximately 4 weeks ago mandat- ing that counsel for the various plaintiffs and potential plain- tiffs, get together and come up with a way of handling what is really an immense amount of litigation on an expedited basis. Fortunately, and possibly unfortunately, that means that the recovery schedule or the litigation schedule we initially thought would be about 2 years on before we got to actually join issue with Grant, has been significantly accelerated. Judge Gonzalez is trying very hard to bring the case to trial within the first 2 months of 1986. There have been some talks about possible settlement, nothing that has gone very far, but by putting pressure on plaintiffs and on Grant to bring this case to trial early, it should expedite whatever recovery the cities and the other people who were hurt by the ESM liquidation, get from Alexander Grant. The meetings among various counsel continue to go on...I can't tell you...I don't know how many of you have seen Judge Gonzalez' Court Room in Federal Court up here in Broward County. It's a very large Court Room. Every time there's a hearing it's filled to over- flowing just with attorneys taking different positions with respect to different things. So, it's very complicated and working out how each of us pursue our individual interests against Grant is going to be complicated. Gonzalez is moving it along on a very expeditious basis. We have not yet answered Grant's various Motions to dismiss our complaint. We are really waiting until all of the various plain- tiffs have taken as many positions as they can so that we can do it all at once rather than stringing it out and biting at it a little bit at a time. Nor has Grant yet responded to what will be Motions for information... discoveries... sorts of things. I 1 1 29 6/26/85 /pm Morris Brown: The Bradford Litigation was commenced in New York. We were worried about a lengthy battle with Bradford over jurisdiction so, rather than even argue about whether they were really doing business here in Florida, we simply had our New York office file the action against Bradford in New York so we eliminated the argument about jurisdiction. Bradford... that complaint contained allegations of conspiracy, negligence, violation of the Federal Racketeering Act and several other counts. I should point out at this point that Bradford has been involved in at least 3 other situations similar to ESM. The Lyons Case, the Dreyfus Case and the latest...Bevill Breschler...I think is how you pronounce it ... liquidation. Each case in similar kinds of capacity and it's that involvement in other situations that we used as a predicate for our allegation that they continually involved themselves in activity which could be deemed ... and is deemed... if the activity ultimately is found to have taken place...criminal behavior. They have moved to dismiss the counts, they have moved for sanc- tions against Morgan, Lewis & Bockius saying that we ... Morgan, Lewis ... have no adequate predicate to make these rather dreadful allegations against them. Morris Brown: That is sitting there, I believe that will be... hearings on those Motions will take place within the next 45 to 60 days. There are very complicated legal arguments involved in Bradford litigation. It is not as simple a matter as just saying Bradford was negligent, there are issues of whether they had a direct relationship with the City of Tamarac, whether ESM is entitled to recover against Bradford rather than ESM, or on behalf of ESM, and the webs unfortunately spin and spin and spin. So, in summary, where we stand right now is we are putting the Grant Case together with the other plaintiffs, looking forward to a very expedited discovery schedule where, to the extent possible, we will share with other plaintiffs in the questioning of witnesses and that sort of thing to the extent that we have individual interests to pursue and do so. With Bradford, we are fighting legal battles with respect to sustaining the allegations in our complaint from a legal point of view, it is obviously in Bradford's best interest to delay this as long as they possibly can. It is in our best interests to push it as much as we can. There may be Orders entered in the Southern District of Florida relating to Bradford/Grant and that is just one of the things that Bradford has done. It's said that Grant is a necessary party and that's going to confuse things even more. There is also talk of what is called a "Multi -District Panel" being constituted by the Federal Judiciary so that suits brought in various areas, including Ohio, I might add, can all be done under one umbrella. Finally, you have all, I'm sure, read in the papers, that Judge Gonzalez decided to administer the bankruptcy of ESM as something called a "Stockbroker's Liquidation". Tamarac opposed that... the administration of the estate of the stockbroker's liquidation since we were in the fortuitous position of being able to identi- fy various securities that had been returned from Bradford to Mr. Tew as the Receiver. From a proof point of view, it would have been easier for Tamarac to go after those securities in the context of a normal bankruptcy than in the context of a stock- broker liquidation, though there are some other advantages to all of the creditors as pursuant to the stockbrokers liquidation. 30 6/26/85 /pm Morris Brown: We were unsuccessful in our attempt to have it administered as a straight bankruptcy. In that case, we were dealing with American Savings who participated also. I think that summarizes as best I can without a really lengthy recitation of what is a very complicated situation of where Tamarac stands. I am more optimistic about a quick partial recovery than I was when I spoke to you earlier because of the accelerated schedule with Grant. It certainly looks like there will be some recovery... I'm not by any means able to estimate what kind of recovery that will be. Some of it probably depends on the economic condition of Grant and its insurance carriers. Mr. Henning: I think, just one quick comment. I think you did a good job of bringing the Council up-to-date of where we are today without divulging any particular strategy. I think the Council is also interested in knowing maybe where we are going, possibly, I think they would like to know about how much money to expect to spend at least on a fiscal year basis. I don't know how long this is going to drag out, if you will forgive the phrase. I understand that it takes a long time. I know there are a lot of people in the audience that get impatient and can't understand what takes so long. But, regardless, with the Council ... you brought us up--to--date. Now, what do we expect in the next several months, how much money should we expect to have to pay for fees and what is the next step? Morris Brown: I can tell you broadly what is going to happen. It seems to me broadly what is going to happen is the defendants will try to move as slowly and the plaintiffs as quickly as possible to bring some of these things to actual issues. Judge Gonzalez has indicated, with respect to Grant, and I am going to talk primarily in terms of recoveries against Grant right now, that he is going to segment different issues. He is going to segment the liability issue from the amount of damage issue from reliance issues. And, there will be a series of Motions with respect to Motions to Dismiss, etc., starting probably within the next 45 to 60 days, and those will be critical Motions on the complaints and establishing liabilities. Those are Motions that Tamarac will be individually involved in since we will have to show individual reliance on financial statements. So, we won't be just participating with the Receiver in groups of the credi- tors. I would like to remind the Council, our action against Grant is twofold. Not only are all of ESM creditors through ESM bringing an action against Grant, so if there is a recovery, the Receiver will parcel it out to everyone, but Tamarac itself is individu- ally suing Grant, seeking the recovery of its full 7 million dollars. And, it is key for us to preserve that individual action against Grant. There is going to be a lot of Motion, practice and litigation dealing with that action against Grant. Grant is potentially liable for 350 million dollars. And, there is no question that Grant's counsel and Grant's insurance com- pany's counsel are going to vigorously defend every comma and every word in that action, possibly to posture themselves for a settlement or possibly because they think they have valid defens- es. And, we will try to treat every one individually. I should point out with respect to that, too, that all of the partners of Grant are individually liable for any judgment rendered against Grant. -So, this is a very ... there is no short- age of funding for the Grant defense fund, if you will. And, I expect that's going to be vigorously contested. 31 6/26/85 /pm Morris Brown: At worst, it's going to bog down in a procedural morass, because there are actions pending against Grant in Ohio, in New York, I believe, in Texas, I believe in some of the midwestern States. Those all have to be sorted out and probably put together in some sort of multi -district panel for that litigation to take place. Judge Gonzalez, based on his prior dealings in security cases and cases like this, will do everything he can to move this along to ...the Grant situation along... to some sort of early completion. Now, I have to deal with the issues with respect to Bradford. Bradford has been sued, to the best of my knowledge, by three entities. I expect it to be sued by more entities, I expect Bradford's defense initially not to be substantive but to be procedural. And, from their initial pleadings, it looks like that indeed is going to be the case. There is going to be a substantial amount of time devoted to dealing with Grant's proce- dural arguments. I do not know what that timing is going to be because it may be that before we get to the Bradford case, we have to resolve the issues with Grant, if the Court finds Grant is an indispensable party ... that means a party you have to have as part of the action up in New York. Tape 6 Morris Brown: We are dealing with Judge Gonzalez' Order which says that everything that is brought against Grant has to be brought in Florida and we are dealing with a Court in New York that may well say that Grant is an indispensable party. Now, those are difficult legal questions to resolve and I don't want to take the position at this time on how they should appropriately be resolved. Finally, there is the issue of recoveries against a whole series of creditors and parties that have dealt with ESM. Mr. Tew, I expect, will be bringing actions ... he has or has already brought actions, as the case may be, against a host of individuals, including Mr. Warner and against American Savings on behalf of all of the creditors, to the extent we can take advantage of Mr. Tew, who I might add in my estimation, is doing a really excellent job as Receiver in this case. To the extent we can take avantage of what he is doing for all of the creditors and not duplicate his work, we are trying very hard to do that. And, in these individual actions against people like American Savings and the preference issues and the actions against Warner, we are really coat -tailing pretty much on what Mr. Tew is doing. He is from a very competent law firm and there is no point in us going over the same grounds that he does. Because of the expedited procedure in the Grant litigation, and I have to go back, I'm sorry, along with all of the Motion practice that we are going to be doing, whether we constituted further action, the Court is going to force discovery to go forward, which means depositions and interrogatories and that sort of thing, simultaneously. Judge Gonzalez has made it very clear that it is not going to be an excuse to do discovery that you are busy doing Motions. These are all large law firms involved and he has made very clear that if you are doing Motions and Dis - covery, have one lawyer do the Motion and one lawyer do the Discovery. But, he is going to get it off his calendar and get the recoveries that are available. Because of that, we are going to incur a lot of legal expenses over the next 8 months in the Grant litigation. I think you are probably looking at the Grant and stockbroker liquidation here in Miami at $75,000 to $100,000 by next February, if we stay on the schedule that we are at. 32 6/26/85 /pm Morris,Brown: In the Bradford litigation, I do not think you are looking at as many dollars. I think over that same time period, you are probably looking at $30,000 to $35,000 but, because of the contin gency situation that I described to all of you, with this multi panel and ... sort of thing going on... it could be more. We just don't know what Bradford is going to do yet. And, of course, it is always possible that Bradford and Grant decide they are going to settle the litigation and make a settlement offer in the next 8 months...I think that is most unlikely. I ... to the best I can... gentlemen and ladies...I think that is where I see us going. C/M Munitz: Give you a basis for settlement right away. Let them give us the 7 million dollars. Morris Brown: I'll suggest that. I think probably the perception is that until several of the legal issues that are pending are resolved, the defendants in these cases do not ... they have no reason to settle. They can only win right now. The dollars involved are so big that the legal fees they are incurring in defending the action are almost irrelevant to them. Mayor Kravitz: Jon, is there anything you want to take up? Mr. Henning: Well, let's see, as I recall, we had about a total of $35,000 allocated up until now. We paid about $17,000 at the first billing. Mr. Henning: We have $31,500 which...apparently, this hand-out has been up -dated slightly ... so let's deal with the invoice in front of us which is about $31,500. We need additional authorization to at least cover the bill and maybe...and probably more than that. And you need to address the bill. Council, one thing that I think you should consider is, as we get to the close of the fiscal year, I would assume that you would want to pay this year's debts with this year's money and not necessarily drag liabilities on to the next year. And, so ... while you are here.. we should probably alert our attorneys that we do not want them to hold the next bill to say, October 15th, because our fiscal year is October 1 and I think that we would like... City Manager -Johnson: September... end of September. Mr. Henning: Right. So we would like to have a ... maybe ... mid - September bill or a September lst bill, if you are following what I am saying. Morris Brown: I can accommodate you, Jon, within 3 weeks after the end of any month...I can send you a bill for all the time through that and all you would have to do is... just ask. Mr. Henning: Well, regardless, at this point we need... if Council intends to continue to pursue this ... we need additional authorization, we need to identify a fund and then we need to discuss the invoice. V/M Massaro: Where is the fund? Have you got some in your pocket? Mr. Henning: Frankly, this was not really clarified at the last authorization. There was discussion that there was going to be a transfer to my fund but we were concerned about... as far as Professional Services. r�� 1 33 6/26/85 /pm J Mr. Henning: I don't think that occurred and it may distort the City Attorney's budget to have it there. But, Elly, I have to defer to you as far as line items or Contingencies or whatever... City Manager Johnson: There's no problem with transferring to that category. It's like you said...it looks like it's distorted but the amount...we can segregate that and take it out so that it will reflect the true amount. Mr. Henning: I think the significant part is not so much where it's going but where it's coming from. That's what we are talk- ing about...I think that's what the Vice Mayor's alluding to... what fund will it come from and then it's a question whether we create a fund or put it in the City Attorney's Professional Services or where ever you want to put it, that's not the pro- blem. The question is where does it come from. Mayor .Kravitz: We have a Contingency... City Manager Johnson: Out of the Contingency. C/M Munitz: Is that much less than that? C/M Stein: I'm sure there's enough to pay this bill. C/M Munitz: Yeah, yeah, but we're talking about a lot more than just this bill. V/M_Massaro: Well, what do you think about $15,000 in addition to this bill? Mr. Henning: Well, this is about 11 to 14 under? 17 from 25...17 from 35...it's... C/M._Stein: You need about $15,000 authorization. V/M Massaro: Yeah. C/M Munitz: In addition to this bill or... V/M Massaro: No, no. Mr. Henning: We're not addressing the bill yet. V/M Massaro: We're only talking about... C/M Stein: About funds...I think we need an authorization... V/M_Massaro: You got $50,000 in that fund? The Contingency? City -Manager Johnson: Well, there's more than that. V/M Massaro: All right, then, I would MOVE that a sum of $50000 be taken out of Contingency and put into the legal fees fund. C/M Munitz: Why don't we keep it separate from the regular legal fees. V/M Massaro: Well, we already have to segregate some of the monies that were paid so... it don't make much sense... Mayor Kravitz: All right. The MOTION as I understand it is to set aside $50,000... 34 6/26/85 /pm V/M Massaro: And that the City Manager create a fund that this money will be placed into and any monies that had already been paid to Morgan, Lewis & Bockius be transferred to that fund so that we have a complete picture. City Manager Johnson: You want a separate fund or a line item.. V/M Massaro: Let's have a separate fund so that we can just hit that button and see what we've got. Mr. Henning: And that will be a total ... so far, that will bring the authorization up to $85,000. C/M Munitz: That was going to be my next question. This 50 will make it 85. Mr. Henning: Yes. Mayor Kravitz: All right, we have a MOTION, do we have a SECOND? C/M Stein: I'll SECOND it. Mayor -Kravitz: And a SECOND. Question? Vickie Beech: May the audience ask Mr. Brown a question? Mayor Kravitz: Yes. Come up, identify yourself and you may ask through the Chair. V/M-Massaro: if you can find a question that will help us get the money, please ... be my guest. Vickie Beech: I would like to but, I'm sorry, I grew up a long time ago about fairy tales. My name is Vickie Beech, I'm a resident. Mr. Brown, I heard you mention most of the discussion was about Alexander Grant. I wonder, sir, in the event that Alexander Grant should go into bankruptcy, how ... where does that leave us? V/M Massaro: They've got insurance. Morris Brown: Well, Alexander... the action against Alexander Grant gives rise to more potential liability then just the liability of the Alexander Grant partnership. The Alexander Grant partnership is a group of some 700 individuals, each of whom are individually liable for any judgment that's recovered and they are also insured by professional malpractice insurance by a major carrier who certainly seems solvent. So, there are a lot of pockets involved in the Grant litigation giving rise to potential recovery. Vickie Beech: The other question I would like to ask, sir, is that you have commented there might be recoveries. What ... how much recovery do you think that we might... Morris Brown: M'am, I can't speculate. Between American Savings, Grant, Grant's carriers, Bradford and the other people who Mr. Tew is investigating bringing actions against, along with various individuals from ESM, it is certainly within the realm of possibility that there could be a very substantial recovery. 35 6/26/85 , /pm v Vickie Beech: But it will go into the pot, so to speak, as the papers have quoted, that we will all be getting a certain segment pro-rata, possibly? From the quoting of the papers, Judge Gonzalez's decision... Morris Brown: No, the papers, I think, have done an excellent job in reporting on the status of this litigation, the necessity to get new encapsuled and out to people often makes the complexities of the situation seem much more simple. Our action against Grant is individual as well as ... as we were talking with Council ... as part of the creditors participating in the pot. Our action against Bradford is an individual action against Bradford, though I would presume, if there is a recovery, there will be an effort on behalf of the other creditors to throw any recovery into the pot also. So, it's...and by no means is the law settled that, given the fact that we can identify certain securities that were returned to Mr. Tew as Receiver, that we will not have a greater interest than other creditors in the securities. Though the administration of the bankruptcy is a stockbroker liquidation makes it more difficult to prevail on that. Vickie Beech: Isn't it possible that the legal fees will probably exceed the recovery? Morris Brown: I think that's most unlikely. Vickie Beech: Thank you. V/M Massaro: You think, what? I didn't hear that. Morris Brown: I said I think that's most unlikely. Mayor Kravitz: We have right now a MOTION and a SECOND is that correct? Mr. Solomon, you have your hand up. Would you come up, identify yourself... Ed -Solomon: Ed Solomon, Tamarac. When was the last time this Council got this kind of a report? I think it's a great report. I think I know what they are trying to do now. Have you ever had this report before? CZM_Gottesman: Yes. Ed Solomon: And we have been kept in total ignorance... V/M Massaro: No, you haven't. It's been public. Ed -Solomon: I have missed every...I have been here for every meeting, please. V/M Massaro: It's been public. CZM Gottesman: Then you were caught napping. Ed Solomon: I don't nap. M yor_Kravitz: Let's go. This is for the authorization now. C/M_Munitz: If I may, Bradford is a corporation, is that correct? Morris Brown: Yes, sir. I've used Bradford in a short form, Bradford really is an affiliated group of corporations. We've sued all of them that we could find and as we find more, we're going to add them on to the complaint. time 6/26/85 /pm �l C/M Munitz: Who is the parent company, do you know? Morris Brown: It's not clear what the name of the parent company ultimately is going to be. That's part of what we are sorting through right now. Mayor Kravitz: All right. City Clerk, call the roll please. Carol Barbuto• C/M Stein Aye C/M Munitz Aye C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye End of Verbatim Transcript on this item. b) V/M Massaro MOVED that the bill of $31,546.90 due Morgan, Lewis & Bockius be paid with the money to come from a fund which the City Manager is to have established. SECONDED by C/M Gottesman. VOTE• PUBLIC HEARINGS ALL VOTED AYE 15. Child Care Facilities - Temp -.-Ord. #1204 - Discussion and possible action to amend Chapter 12A of the Code to conform to Broward County Code regarding minimum outdoor space per child requirements. Second Reading. SYNOPSIS OF ACTION: APPROVED ORDINANCE NO. 0-85-34 PASSED. on second and final reading. Public Hearing was held. Mr. Henning read Temp. Ord. #1204 by title. Mr. Henning said this Ordinance was brought to Council's atten- tion by the Board of Adjustment since the City's Code references the Broward County Code, Chapter 7 and 7.5, on child care facilities. He said the Code has been revised in the County and the City's Code did not reflect the revised numbers and this would adopt the entire Broward County Code. Mayor Kravitz opened and closed the public hearing with no re- sponse. V/M Massaro MOVED APPROVAL of Temp. -Ord. #1204 on second and final reading, SECONDED by C/M Munitz. VOTE• ALL VOTED AYE 37 1 LJ I 6/26/85 /pm 16. Bruce Egan - Rezoning Petition #27-Z-84 - Temp. Ord. #1148 (revised) - Discussion and possible action to rezone lands at the southeast corner of University Drive and NW 64 Street, extending eastward to the western boundary of Van- guard Village and southerly to St. Malachy property, from R 3 (Low Density Multiple Dwelling) to B-2 (Planned Business) and S-1 (Open Space/Recreation). This action is pursuant to Court Order. Second Reading. a) Acceptance of Affidavit of Publication b) Consideration of application SYNOPSIS OF ACTION: ORDINANCE NO. 0-85-35 PASSED. a) ACCEPTED Affidavit of Publication. b) APPROVED Temp. Ord. #1148 on second and final reading. Public hearing was held. a) Mr. Henning read Temp. Ord. #1148 by title. Mayor Kravitz asked the Assistant City Clerk if the Affidavit of Publication was received and she so confirmed. C/M Munitz MOVED ACCEPTANCE of the Affidavit of Publication, SECONDED by V/M Massaro. VOTE: ALL VOTED AYE b) Mr. Henning said this is the property on the east side of Univer- sity Dr., approximately one block north of the 61st St. traffic light. He said this was brought to Council earlier and, after a Court Case, Judge Lee directed the City to reconsider the previ- ous Denial. He said Mr. Egan is still offering the 50-foot buffer on the east side of the property to be S-1 to buffer the residences from this parcel. He said the City staff has had discussions with representatives of Mr. Egan because it is in the area of the City's wellfield and the City is negotiating additional wellfield easements on his property so that the well - field program can be expanded. He said this is B-2 zoning and there is no site plan at this point determining what this pro- perty will be used for. V/M Massaro asked if the 50-foot setback for S-1 is the land that must be dedicated for expansion of University Dr. and Mr. Henning said no, that is on the other side of the parcel. He said the 50-foot S-1 parcel is on the east side, which would be the back of the building, separating it from the homes in the back. Mayor Kravitz opened the public hearing. Albert Brown, resident, asked if trees would be planted in that 50-foot easement to help with the noise in that area and Mr. Henning said this is not at the site plan stage as yet but there will be a landscape plan submitted including the beautification of the 50-foot easement. Mel Rano, resident, said in back of his property there is a row of Australian Pines and the residents there are uncertain who owns them. He asked if Mr. Egan intends removing the Pines and, if so, what will be put there. Mr. Henning said a survey of the property will have to be made and the property line will be determined. He said the maintenance of these trees should be determined as well. V/M Massaro asked if there is not a County Ordinance that prohibits removing trees and Mr. Henning said there is an Ordinance that requires replacement of trees that are removed.. 38 6/26/85 /pm Mr. Rana asked Mr. Rubin if the 50-foot easement for S-1 buffer is in addition to the 25-foot setback for B-2 zoning and Mr. Rubin said the Code states that if a commercial property abuts a residential or S-1 zoned property, the setback is a minimum of 25-feet. Mayor Kravitz closed the public hearing with no further response. V/M Massaro MOVED APPROVAL of Temp. -Ord. #1148 on second and final reading, SECONDED by C/M Munitz. VOTE: ALL VOTED AYE 17. Jasmine Pro'ect Pulte Homes Cor - Discussion and possible action on: a) Petition #1-V-85 - Vacation of certain utility easements within a portion of Cypress at Woodmont III (Woodmont Tract 77 and a portion of Tract 68) - Temp. Ord. #1201. Second Reading. b) Petition #2-V-85 - Vacation of certain drainage easements within a portion of Cypress at Woodmont III (Woodmont Tract 77 and a portion of Tract 68) - Temp. Ord. #1202. Second Reading. SYNOPSIS OF ACTION: ORDINANCE NO. 0-85-36 PASSED. APPROVED a) and b) on ORDINANCE NO. 0--85-37 PASSED. second and final reading. Public hearing was held. a) Mr. Henning read Temp-.-Ord.--#1201 by title. Mr. Henning said this was Cypress III and there is a new buyer and builder, Pulte Homes. He said these old easements are being vacated and the City will receive a blanket easement for the new development and the corrected easements will be dedicated to the City at a later time. Mayor Kravitz opened and closed the public hearing with no re- sponse. V/M Massaro MOVED APPROVAL of Temp. Ord. #1201 on second and final reading, SECONDED by C/M Gottesman. Mr. Henning noted for the record that Ed Ploski of Craven & Thompson was present on this item. VOTE: ALL VOTED AYE b) Mr. Henning read Temp._ Ord_._ #1202 by title. Mr. Henning said the previous Ordinance was for utility easements and this one is for drainage easements. Mayor Kravitz opened and closed the public hearing with no response. C/M Gottesman MOVED APPROVAL of Temp. Ord. #1202 on second and final reading, SECONDED by C/M Munitz. VOTE: ALL VOTED AYE 18. Sale of Alcoholic Beverages - Temp._Ord_.#1203 - Discussion and possible action to amend Chapter 3 of the Code by providing for a special permit to allow extended hours for on --premises consumption. Second Reading. YN P IS OF ACTION: APPROVED on second and final reading as amended. Public hearing was held ORDINANCE NO. 0-85-38 PASSED. Cl LJ Ll 39 6/26/85 /pm Mr. Henning read Temp. Ord._#1203 by title and noted that this was the 6/18/85 revision. Mr. Henning said this had first reading at the last meeting and there was a question as to whether or not this would have an across-the-board effect changing the hours to 7:00 A.M. for all businesses that sell alcoholic beverages in the City for on - premises consumption. He said he sent a memo to Council indicat- ing the various businesses that are on record with the Occupational Licenses in the City and, at that point, he was directed to revise the Ordinance to provide that not only the holidays of St. Patrick's Day and New Years Eve but that the time of 7:00 A.M. would also be included in the special permit process. He said he left Sunday the way it presently is, which is until noon. C/M Stein said Woodmont Country Club has requested that Council consider changing the time on Sunday especially since they would like to serve brunches at 10:30 or 11:00 A.M. V/M Massaro said the reason for this time law was because of Masses on Sunday but times have changed and Masses now take place on Saturday nights as well. She said she feels any deviation from regular hours should be by application so that it can be monitored. Mr. Henning said the change would be on Page 1, Line 35, "except Sundays" should be stricken and "including Sundays" should be inserted. Mayor Kravitz opened the public hearing. Florence Bochenek, Chairperson of the Beautification Committee, asked what hours are intended in this change and Mr. Henning said presently the hours are 8:00 A.M. until 2:00 A.M. with no opening until noon and can be run until 2:00 A.M. on Monday morning. He said this change, by special permit, would allow applications for individual businesses to stay open until 4:00 A.M. on New Years morning and the morning after St. Patrick's Day and to open at 7:00 A.M. on any day including Sunday instead of 8:00 A.M. V/M Massaro noted that the closing time will remain 2:00 A.M. on all other days. Barry Eden, representing the Oasis Lounge, said his clients have been waiting for this Ordinance to be passed. Mayor Kravitz closed the public hearing with no further response. V/M Massaro MOVED APPROVAL of Temp. Ord. #1203. as amended on second and final reading, SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE COMMUNITY DEVELOPMENT 33. Laird's Hardware Store - Si n Waivers - Temp. Reso. 13682 - Discussion and possible action to ratify Council's action regarding sign waivers. SYNOPSI_S__OF_ACTION: APPROVED for a sign called the "Second Wall Sign" located on the west elevation of the building. RESOLUTION NO. R-85-217 PASSED. Mr. Henning read Temp. Reso. #3682 by title. 40 6/26/85 /pm Mr. Henning said approval of this would mean three authorized signs which are identified by their location. He said techni- cally, Council approved the third sign at the last meeting. He said the third sign was on the east elevation and this sign is on the west elevation of the building. Florence Bochenek, Chairperson of the Beautification Committee, said this is just a bookkeeping item. C/M Gottesman MOVED APPROVAL of Temp. Reso. #3682, SECONDED by C/M Munitz. VOTE: ALL VOTED AYE LEGAL AFFAIRS 19. Sale of Alco olic Beverages - TeMR. Reso. #3670 - Dis- cussion and possible action to establish a fee schedule for special permits allowing extended hours for on -premises consumption. SYNOPSIS OF ACTION: APPROVED a $500.00 fee for a three --year period (See Below) Mr. Henning read Temp. Reso._#3670 by title. Mr. Henning said this is the fee that is authorized by the Ord- inance that was just passed and would cover the administrative costs of processing investigations for staff. He said it would cover up to a three year fee and the renewal would be the same cost as the original application. Tape 7 V/M Massaro said since this is a three-year application, the fee should be $500.00 for the three-year period and she so MOVED. SECONDED by C/M Munitz. VOTE: ALL VOTED AYE PUBLIC HEARING 18. Sale of Alcoholic Bevera es - Temp. Ord. #1203 - Dis- cussion and possible action to amend Chapter 3 of the Code by providing for a special permit to allow extended hours for on -premises consumption. Second Reading. SYNOPSIS OF ACTION: (See Page 40) Further amended Temp. Ord. #1203 in the title. Mr. Henning noted that there should be the following language stricken from the title of Temp. Ord. #1203, "on New Years Eve and St. Patrick's Day". C/M Stein MOVED APPROVAL of the amendment to Temp. Ord. #1203, SECONDED by C/M Munitz. VOTE: ALL VOTED AYE LEGAL AFFAIRS 19. Sale of Alcoholic Beverages - Temp. Reso. #3670 - Dis- cussion and possible action to establish a fee schedule for special permits allowing extended hours for on -premises consumption. SYNOPSIS OF ACTION: RESOLUTION NO. R-85-203 PASSED. (See Above) APPROVED Temp. Reso. #3670 as amended. 41 6/26/85 /pm I II LA �f [7 Mr. Henning said there should be a Council Vote approving Tema. Reso. 3670 as amended, inserting a $500.00 fee in Section 1 and C/M Gottesman so MOVED. SECONDED by V/M Massaro. VOTE: ALL VOTED AYE COMMUNITY DEVELOPMENT 25. S & H Green Stamp Redemption Center - Discussion and possible action on: a) Stipulation #18 - Temp. Reso._#3631 b) Site Plan -- Temp._ Reso._ #3676 c) Landscape Plan d) Water and Sewer Developers Agreement e) Water Retention Agreement f) Canal Maintenance Easement - Temp. Reso. #3677 g) Right -of -Way Deed for 2-feet along McNab Road - Tema. Reso. #3678 h) Utility Easement - Temp. Reso. #3679 (to be located on the north side of McNab Road, west of NW 80 Avenue). SYNOPSIS OF ACTION: RESOLUTION NO. R-85-208 PASSED. APPROVED a), e), f), g) and h). RESOLUTION NO. R-85-209 PASSED. APPROVED as amended b), c) and d). RESOLUTION NO. R-85-210 PASSED. RESOLUTION NO. R-85-211 PASSED. RESOLUTION NO. R-85-212 PASSED. a) Mr. Henning read Temp. Reso. #3631 by title. Mr. Henning said this Stipulation agrees to the following: 1. that the parcel west of Sunniland Bank across the canal will remain B-6 as it is presently in the Code. 2. a seawall is not required to be built along the canal on the east property line. 3. the land may be developed as a trading stamp redemption center. 4. that "One Way" entry and exit drives at McNab Road shall be built 18-feet wide. 5. the dumpster enclosure shall be built on the west side yard setback. V/M Massaro said she has a problem with the dumpster being in the setback and suggested Council move on to b). b) Mr. Henning read Temp. Reso. #3676 by title. Richard Rubin, Consultant City Planner, said S & H Green Stamps has prepared a Stipulation to comply with the City's standards in order to build on a piece of property located on the north side of McNab Road abutting NW 70 St. and, on the west side of the canal, it will abut Sunniland Bank. He said the property is slightly short of an acre in size. He referred to the Develop- ment Review Status Sheet, Page 2, where there was a fee in the amount of $845.07 noted for "On -Site Beautification", which is based upon 6-1/2% of the construction cost for the landscaping. Mr. Rubin said they felt the best place for the dumpster would be on the west side of the building so that the loading zone could also act as a fire lane, however, the City's B-6 Ordinance states that dumpsters are not allowed in sideyard setbacks. He said since this property is adjacent to commercial property on the west side, they felt this was the best location for this dumpster. 42 6/26/85 /pm Mr. Rubin said if the dumpster were located on the northwest corner of the building, it would exasperate the Fire Department's effort to have fire service along the side of the building. He said if it were located on the north or south side of the build- ing it would be facing the road and that is not preferable. Mr. Rubin said a dumpster could be placed abutting the building so that there could be 6-feet of landscaping instead of 3-feet. V/M Massaro said if this was done that way, there would be room enough to put the asphalt there and have landscaping around the dumpster. Lawrence Kramer, applicant, said he would agree to the change of the dumpster location. V/M Massaro MOVED APPROVAL of Tem Reso. 13676 approving the site plan with the change of the dumpster being moved closer to the building with 5 to 8-feet of beautification, whatever the change will allow. She added that this particular area must be brought back to the Beautification Committee for approval of what is placed around the dumpster. SECONDED by C/M Stein. VOTE: ALL VOTED AYE a) V/M Massaro MOVED APPROVAL of Stipulation #18, Temp. Reso. #3631, SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE c) Mr. Rubin said the Landscape Plan was approved by the Beautifica- tion Committee and staff recommended approval with the amendment made in the approval of the site plan. V/M Massaro noted that there is a fee of $845.07 due at the appropriate time. V/M Massaro MOVED APPROVAL of the Landscape Plan with the change as indicated with the site plan approval regarding the relocation and beautification around the dumpster. SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE d) Mr. Henning said on Page 1 of the Water and Sewer Developers Agreement, delete the names of "John and Sherry Primus and W. and Olga Goldstein" and include "Glen Quesenberry" as the developer and owner with his address. He said he must sign and notarize this as the owner and on Exhibit D, the information relating to residential use should be removed indicating just non residential use with a total of 2-1/2 ERC's at the bottom. V/M Massaro MOVED APPROVAL of the Water and Sewer Developers Agreement as amended by the City Attorney today, SECONDED by C/M Munitz. ► 8104W, C/M Stein Absent C/M Munitz Aye C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye e) Mr. Henning said the Water Retention Agreement has been executed and he recommended approval. 43 6/26/85 /pm V/M Massaro MOVED APPROVAL of the Water Retention Agreement, SECONDED by C/M Gottesman. VOTE• C/M Stein Absent C/M Munitz Aye C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye f) Mr. Henning read Temp. Reso. #3677 by title. Mr. Henning said the Canal Maintenance Agreement has been fully - executed by the developer and he recommended approval. C/M Gottesman MOVED APPROVAL of Temp.Reso._#3677, SECONDED by C/M Munitz. VOTE: C/M Stein Absent C/M Munitz Aye C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye g) Mr. Henning read Temp. Reso. #3678 by title. Mr. Henning said subject to being notarized, he recommended approval of the Right -of -Way Deed for 2-feet along McNab Road. V/M Massaro MOVED APPROVAL of Temp. Reso. #3678, SECONDED by C/M Gottesman. VOTE: C/M Stein Absent C/M Munitz Aye C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye h) Mr. Henning read Temp. Reso.�3679 by title. Mr. Henning said this Utility Easement has been executed and notarized and he recommended approval. V/M Massaro MOVED APPROVAL of Temp,-Reso. #3679, SECONDED by C/M Munitz. VOTE• C/M Stein Absent C/M Munitz Aye C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye EDITOR'S NOTE: The following checks were submitted at the meeting: $1,566.80 - Drainage Retention 3,825.00 - Water and Sewer Fees 114.40 - Drainage Improvement Fee 44 J 6/26/85 /pm 22. Financial Center at Woodmont -Discussion and possible action on: a) Concept site plan b) Stipulation #19 - Temp. Reso._#3672 (tabled from 6/12/85) SYNOPSIS OF ACTION: RESOLUTION NO. R-85-205 PASSED. a) REMOVED from the agenda b) APPROVED with the proper persons authorized to sign this document. a) Mr. Rubin said there was a request to REMOVE the concept site plan from the agenda and C/M Gottesman so MOVED, SECONDED by C/M Stein. VOTE: ALL VOTED AYE b) Mr. Henning read Temp. Reso._#3672 by title. Mr. Rubin said Barry Eden represents a parcel of land in Section 41 which is part of the overall Court Order. He said he has proposed to build a complex that would be consistent with City Code and he has submitted a concept plan to the Planning Commission that was reviewed three different times. He said they have finally developed a plan that would comply with City Code and Mr. Eden felt the City should discuss this proposal and, if agreeable, should enter into Stipulation #19. He said this Stipulation states: 1. Mr. Eden will submit to the City a rezoning request from B-6 to B-1 and, if the City should agree to allow this rezoning, he will follow all of the City's Ordinances. 2. Mr. Eden will prepare a site plan in compliance with City Code to be tied in with the rezoning so that when this is rezoned it will be clear what this project will look like. Mr. Henning said this Stipulation will be subject to execution by the appropriate parties. V/M Massaro MOVED APPROVAL of Temp. Reso. #3672, Stipulation #19, with the appropriate parties authorized to execute this document, SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE 31. The Arbors at Isles of Tamarac - Model Sales Facility_ - Discussion and possible action to renew a model sales permit and waiver of the 150-foot distance requirement for certifi- cates of occupancy (tabled from 6/12/85) _SYNOPSIS OF ACTION: APPROVED for 6 months from 6/13/85 and to expire on 12/13/85. V/M Massaro asked where the City is at this point with this project and Mr. Henning said there was a project called Isles of Tamarac and it had several owners. He said when the bank took it over, The Arbors at Isles of Tamarac purchased 30 of the lots and they brought those lots up-to-date and maintained the connection charges, fees and guaranteed revenues involved. He said the seller of the property owns some other lots of Isles of Tamarac and that must be researched further to bring that development up to -date. 45 6/26/85 /pm 1 1 I V/M Massaro asked if this has been reduced from the original amount owed by the Isles of Tamarac and Mr. Henning said several months ago they executed their own Water and Sewer Agreement and brought and maintain their account up-to-date. V/M Massaro MOVED to extend the model sales permit for an additional 6 month period, SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE 30. Tract 24 - Temp. Reso . #3681 - Discussion and possible action to temporarily waive the platting requirements in Chapter 20 of the Code in order to construct public improvements. SYNOPSIS OF ACTION: TABLED to the 7/10/85 Council meeting. Mr. Henning read Temp._Reso. #3681 by title. V/M Massaro said a Hold Harmless Agreement is required for this along with a Demolition Permit in the amount of $7,600.00. Mr. Henning said they have prepared an agreement which he review- ed and Alan Kan of Bedzow and Korn,P.A., said the indemnity is in Paragraph 1 C. He read Paragraph 1 C, "that we will indemnify and save harmless the City against all liability, loss, damages, expenses, which seemingly hereinafter after occur, suffer or be required to pay by reason...". He said in addition, they have asked for a cash bond to be posted and they have provided, in Paragraph 2, that not only will they post their regular perform- ance bond when they need a permit, but they will also furnish the City with a cash bond in the amount certified by their engineer to cover the cost of demolition of the improvements in the event the plat is not approved by the County. Mr. Kan said he does not have the check in the amount of $7,600.00 at this meeting but will have it when they come in for the permits. V/M Massaro MOVED to TABLE this item to the 7/10/85 Council meeting, SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE 29. Lake Colon Brookwood Gardens - Warrant Bond - Temp. Reso. 13656 - Discussion and possible action to call a bond posted for public improvements (tabled from 6/12/85) SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-85--216 PASSED. as amended. Mr. Henning read Temp. Reso. 3656 by title. V/M Massaro said Bob Huebner, attorney for the Lake Colony, said this morning that they cannot extend that bond. She said Bob Foy, Deputy City Engineer, said that a cash bond of $10,000 is more than adequate for the 7 items that remain to be com- pleted. She said Mr. Huebner agreed that this bond would be given to the City not later than Friday, 6/28/85. She said if this bond is not delivered to the City by Friday, the bond will be called. Mr. Henning said Section 2 will read, "Bond No. 8062350 posted by Bay Colony Properties, Inc., as Principal, and Firemens' Fund Insurance Co., as Surety, is hereby released provided that a $10,000.00 cash bond is received by the City of Tamarac by Fri- day, June 28, 1985, otherwise it shall be called on Friday." W 6/26/85 /pm Mr. Henning said the title should read, "A Resolution regarding disposition of the bond posted by Bay Colony Properties, Inc... etc. V/M Massaro MOVED APPROVAL of Te Reso. #3656 as amended, SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE 40. Fenton Decorators - Violation of zoning Code by_goinq upholstery work - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent on Page 1) The owner was given an extension of 3 months to bring his establishment into conformance with City Code. V/M Massaro said Fenton Decorators is in violation of the City Code by doing upholstery work at that location for the past 6 years and would like to remain there. She said the other busi- Tape 8 nesses in that building are: Deli Warehouse Outlet Hair Fantasy Beauty Salon Apco Quick Print Hugh Discount Store Wah Luck Chinese Restaurant Shutter Bug Photo Dog Grooming Bruno Produce Pastry Produce Pay Less Cleaners La Hosteria Restaurant Mimi Kay Realty She said this shows the wide mix of uses at that location. She said the owner of the business could consult with the landlord and suggest a rezoning to B-2 so that he could stay at that location. C/M Stein said he agrees with V/M Massaro. Mr. Henning said if the upholstery were an accessory use and a minor part of the business, it would probably be permitted in B-1, however, the upholstery business is the predominant business here. C/M Stein said Mr. Fenton is in violation and should contact the landlord. Mayor Kravitz suggested the City Attorney research this for the next regular meeting. V/M Massaro asked the Chief Building Official what can be done to help Mr. Fenton temporarily. Mr. Jahn said he could give Mr. Fenton an extension of time with two alternatives, the City could initiate a rezoning or the owners of the property could. V/M Massaro MOVED that the man be given an extension of 3 months to bring himself into compliance with the City's requirements. SECONDED by C/M Munitz. VOTE: ALL VOTED AYE GENERAL-ADMINISTRATIVE/FINANCIAL 9. City Depository - Discussion the City's sweep (checking) Report and recommendations. SYNOPSIS OF -ACTION: The City Attorney was authorized to contact NCNB and move forward in terminating the agreement the City has with them at this time relating to bonding. There are no changes on the daily banking procedures. and possible action regarding account at NCNB Bank of Florida. (tabled from 6/12/85) 47 1 Ij 6/26/85 i /Pm �/ Mr. Henning said there was contact with the Manager of NCNB and they have indicated that they would be agreeable to discontinue the contract under the bonds, however, they would still like to be the bank for the City. Be said at the last meeting, Council directed the City staff to get some additional proposals on the types of accounts that could be used in lieu of the sweep account. City Manager Johnson said they spoke to one other bank besides NCNB and they suggested that a process called a "third party safe -keeping" be used. He said the City would have to have one or two full-time employees to handle this because the Federal Reserve has changed their time for clearing checks and there are two transactions per day required. He said the only alternative is to go back to a basic checking account with computations of what the balance should be with the rest of the funds invested in the U.S. Treasury Security Accounts. He said he hopes to have a meeting with the bank and have a report for Council. He said at this point, with the personnel and costs involved, a Passbook Account might be more beneficial. City Manager Johnson said he heard Barnett Bank has been working on a program with other cities and he will contact them along with other banks concerning this. He said the City is under no obligation to NCNB. Mr. Henning said Council is not suggesting that any banking arrangements be changed with NCNB at this point. V/M Massaro MOVED that the City Attorney contact NCNB and move forward in terminating the agreement the City has that states the City must use NCNB as long as the bonds are outstanding. Mr. Henning noted there will not be any changes made in the present banking arrangements the City has with NCNB as far as day-to-day operations. SECONDED by C/M Munitz. VOTE• LEGAL AFFAIRS ALL VOTED AYE 21. Woodlands -Section 2, Phase 1 - Temp._Reso. 43671 - Dis- cussion and possible action to vacate a 5-foot utility ease- ment between Lot 10 and Parcel G-10 of Block 18. OYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-85-204 PASSED. Mr. Henning read Temp. Reso. #36,71 by title. Mr. Henning said this concerns a homeowner in the Woodlands who is seeking to have the utility easement vacated and the City received waivers from the appropriate agencies including Tamarac Utilities West, the phone company, the power company and the cable TV agency. He said staff recommends approval. V/M Massaro MOVED APPROVAL of Temp. Reso. #3671, SECONDED by C/M Munitz. VOTE• ALL VOTED AYE 48 6/26/85 /pm GENERAL. ADMINISTRATIVE/FINANCIAL 10. CityDepartmental Reorganization -- Discussion and possible action on: a) Report by City Attorney on City Manager's authority to reorganize departments. b) Establishing a provision in the Code outlining the organi- zation of City departments and divisions by Temp. Ord. #1206. First Reading. c) Confirmation of the following appointments by the City Manager: 1) Larry Perretti as General Services Director/Assistant City Manager 2) Michael Couzzo as Public Works Director SYNOPSIS OF ACTION: a) City Attorney gave a report. b) and c) TABLED. a) Mr. Henning said there is a provision in the Charter which states under the City Manager's Authority that he shall exercise the administrative powers of the City through such departments, divisions, agencies as the Council may, by Ordinance, from time to time establish. He said, based on that provision, he prepared the Ordinance under b). He said this was first discussed at the last meeting during the Student Government portion of the meeting and it was brought as a report from the City Manager to introduce the concept he was considering in the reorganization. He said Council, at that time, voted an approval of his plan. Mr. Henning said he did not find Ordinances establishing the departments prior to this and he felt this Ordinance is best at this time. He said it creates a new Chapter in the Code which is the Administrative Departments. He said he thinks the Council should direct the City Manager when he should make his changes effective. b) Mr. Henning read Temp. Ord. _#1206 by title. c) Mr. Henning said this Ordinance is pursuant to Section 5.05 of the City Charter which authorizes the Council to pass Ordinances establishing the various departments so that the City Manager can administer the City. He said he listed in Section 2 A-1, the various departments and then enumerated the divisions in the General Services Department. He said there may be other divi- sions in some of the other departments. He said the General Services is a support department that services the City opera- tion, such as, data processing, purchasing, risk management, personnel, etc. Mr. Henning said since an Assistant City Manager's position is being created, it was provided that the City Manager will dele- gate some of his responsibilities to that individual. He said on Page 2, a great majority of the salaries for the employees are established by union contract and those that are not can be addressed by a separate Resolution which will be brought to Council at the second reading of this Ordinance. V/M Massaro said she is in complete disagreement with this Ord- inance since she feels the City Manager should be responsible for all departments. She said she does not like the General Services Department concept at all and she felt that Purchasing belongs in the Finance Department. She said on Page 2 where it states, "at the discretion of the City Manager", should state, "at the discretion of the City Council". She said for departments to be responsible to someone other than the City Manager is contrary to the City Charter. She said the Council should concentrate on how to save money now. J 6/26/85 /Pm City Manager Johnson said this would not spend more money since one full department head level person would be eliminated and V/M Massaro said she does not agree. She said this should be given thought with concentration on what can be changed that is not being done right. V/M Massaro MOVED to TABLE both b) and c) of this item, SECONDED by C/M Stein. C/M Stein said there some sheets that state effective 6/27/85 certain people will be given wage increases and City Manager Johnson said he followed the Resolution that was passed a few weeks ago. Mr. Henning explained that there was a Resolution passed a few weeks ago that stated that Council would be notified of extraordinary increases in salary 10 days in advance of the effective date. City Manager Johnson said those employee changes are not effective now since Council has not approved the depart- mental reorganization as proposed. VOTE: ALL VOTED AYE GENERAL ADMINISTRATIVEIFINANCIAL 39. Interlocal Agreement with Broward County re ardin 5th and 6th Cent Gas Tax - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent on Page 1) (See Pages 23 & 27) HELD for the Reconvened Meeting on 6/28/85 at 1:00 P.M. Dan Saale, Deputy Finance Director, said at the City Attorney's request, he contacted Andrew DeGraffenreidt, City Attorney of Hollywood, to determine why Hollywood did not sign the agreement with Broward County. He said Mr. DeGraffenreidt stated that to his knowledge there were no material reasons beyond a possible political statement they were trying to make to Broward County. Mr. Henning said the County needs a majority plus one vote to pass this but a referendum is not needed. V/M Massaro MOVED to TABLE this item and the MOTION DIED for lack of a SECOND. Mayor Kravitz suggested no action be taken at this time and this item be HELD to the Reconvened Council meeting on Friday, 6/28/85 at 1:00 P.M. COMMUNITY DEVELOPMENT 23. Woodlands Section 2 -- Revised Site Plan - Temp.. Reso. #3673 - Discussion and possible action on a revised site plan for a Clubhouse screen porch enclosure. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-85-206 PASSED. Mr. Henning read Temp. Reso. #3673 by title. V/M Massaro MOVED APPROVAL of Temp. Reso. #3673, SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE 50 6/26/85 /pm 28. Woodmont Tract 64 - Bond Release - Temp. Reso. #3501 - Tape 9 Discussion and possible action to release a cash bond posted to guarantee removal or demolition of a temporary structure (tabled from 2/27/85) SYNOPSIS OF ACTION: APPROVED releasing a $2,000.00 cash bond posted to guarantee removal of a temporary structure. RESOLUTION NO. R-85-215 PASSED. Mr. Henning read Temp_. Reso.- 43501 by title. V/M Massaro said the engineers have indicated that this bond is ready for release and she MOVED APPROVAL of Temp. Reso. #350 , SECONDED by C/M Stein. VOTE: C/M Stein Aye C/M Munitz Absent C/M Gottesman Absent V/M Massaro Aye Mayor Kravitz Aye 32. Heftler Homes - Water and Sewer Developers Agreement - Discussion and possible action to authorize the appropriate City officials to execute assignment agreements for the following lots: a) Lot 2, Block 5 - James and Lena Marsh (tabled from 6/12/85) b) Lot 1, Block 1 - Michael and Jill Taylor c) Lot 10, block 2 - Edward and Deanne Lindoo SYNOPSIS OF ACTION: Heftler Homes is to be required to pay the guaranteed revenues for the above -mentioned lots. Heftler Homes should be required to do their own bookkeeping of these guaranteed revenues. Payments made by these homeowners may be refunded provided the developer submits a check covering these amounts. V/M Massaro said the City monitoring these assignment agreements takes the responsibility away from Heftler Homes and puts the onus on the City. She said Heftler Homes should be required to pay the City and these separate agreements should be made by him with his buyers and monitored by him. Mr. Henning said when there is a development and a new developer buys all the land with transfer of the Water and Sewer Agreement, Council should be aware of the assignments. He said Heftler Homes is a single-family development and his lots are being sold as vacant lots. He said there is no meter in the ground. If there were, they would open a utility account with the City and would be a simple matter to monitor. He said they could install a meter in the ground closed off and then open an account with the City. He said the dollars would be identical and the City is opening an individual utility account without installing the meter. He said instead of sending monthly bills, it was that they pay a full year in advance in an amount of approximately $130. He said each of the above named lot have paid this amount. proposed owners Ll n u 51 6/26/85 /pm Ll I V/M Massaro MOVED that Heftler Homes be required to pay the full amount and handle their own bookkeeping. SECONDED by C/M Gottesman. VOTE: C/M Stein Aye C/M Munitz Absent C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye Mr. Henning the three lot owners named have already paid and he asked what should be done if they request a refund. V/M Massaro said it should be given to them by Mr. Heftler. Mr. Henning said Council is authorizing a refund to the three homeowners with a check received by Mr. Heftler to cover the amount. 35. _Versailles Gardens - Model Sales Facility -- Discussion and possible action to amend the conditions imposed by Council when this facility was approved. SYNOPSIS OF ACTION: APPROVED removal of condition #2 from the Report of Council Action from the 4/22/81 Council Meeting. Mr. Henning said in earlier discussions with Versailles Gardens, they are reaching the sell --out of their units. He said they had certain requirements imposed which prohibited units being sold in the sales office building and these restricted apartments are the only ones remaining. He said the previous approval on 4/22/81 required that a minimum of 8 parking spaces must be provided in addition to the residential spaces. He said the second condition was that as people vacate the units of the building, these units shall not be reoccupied and that on -street parking for this complex is prohibited and shall be included in the condominium documents. The Assistant City Clerk noted that they are only asking for removal of Condition #2, "as people vacate the units of the building, these units shall not be reoccupied". Mr. Henning said there should be a MOTION to remove Condition #2 from the Report of Council Action from the Council meeting of 4/22/81, Item 31 regarding Versailles Gardens, Model Sales Facility. V/M Massaro so MOVED, SECONDED by C/M Gottesman. C/M Stein Aye C/M Munitz Absent C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye 38. City --Attorney Report - Mr. Henning said there is a meeting tonight at 7:00 P.M. concern- ing the variance with the Broward County Environmental Quality Control Board and he and the City Engineer/Utilities Director will represent the City. 52 6/26/85 /pm Mr. Henning said at Council's direction, he filed a Notice of Appeal with the Circuit Court concerning the City Ambulance Program. Mr. Henning said on 6/20/85, he attended a meeting with the County and they approved an Ambulance Service for Pembroke Park for a one year certificate. He said they noted that Pembroke Park has been operating this service since 1977 and they received their one-year renewal. Mr. Henning said the bond counsel and financial advisors were targeting the second meeting in July for final action on the bonds and he questioned whether Council would consider any special meetings in August for this purpose. The Council members said September woud be preferable. Mr. Henning said on 6/25/85, there was a productive staff review meeting with owners of the Tract 44 Shopping Center on McNab Road and 88 Avenue. He said staff recommends Council consider a Joint Workshop with the Planning Commission in July to review this project. 37. City_- Manager Report - No report. 36. City Council Reports - CZM Stein - No report. C/M Gottesman - No report. ZM Munitz -- Absent. V/M Massaro reported that there is a vacant lot around 8450 Lagos de Campo which is overrun with vermin and must be cleaned up. V/M Massaro noted that there is an old Ordinance concerning a fee for rental apartments and she questioned what became of that. Mayor Kravitz reported that the Summit Convalescent Home in Coral Springs has gone bankrupt and he alerted Council of the dangers of this type of facility. He thanked V/m Massaro for her cooperation in handling matters while he was away. Mayor Kravitz recessed the meeting to the Reconvened Meeting on Friday, June 28, 1985 at 1:00 P.M. MAYOR ATTEST: ASSISTANT CIT CLERK This public document was promulgated at a cost of $238.65 or $11.82 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. CITY OF TA1�ARAC APP OVCD AT MEETING CF City Clerk 53 6/26/85 /pm Pi 1