HomeMy WebLinkAbout1986-07-09 - City Commission Regular Meeting Minutes0'-
P.O. BOX 25010
TAMARAC, FLORIDA 33320
5i
EC F C a CI DISCIONS `ND ACTT NS
FIR T CLASS MAIL
CITY OF TAMARAC
CITY COUNCIL
REGULAR COUNCIL MEETING
WEDNE DAY JULY 9 1986
CALL T_Q ORDER: 9:00 A.M.
ANNOUNCEM fiTQF TIME ALLOCATIONS - NQTIONS TD 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.
BOARDS AND COMMITTEES
1.Board of -Adjustment - Temp, Reso. #4216 - Discussion and
possible action to appoint one regular member for a three
(3) year term, one regular member for a two (2) year term
and two (2) alternate members for one year terms.
FINAL ACTION: RESOLUTION NO. R-86-254 PASSED.
APPROVED appointing the following with an announcement of
one additional vacancy for an alternate position:
Edward Rockwell - Regular Member - 3 years
John Hamilton - Regular Member - 2 years
Arthurant an -..Altgrnate member - 1 year
LONSENT AGENDA
2. Items listed under Item #2, Consent Agenda, are viewed to
be routine and the recommendation will be enacted by o_ne
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) Approval of minutes of May 14, 1986, Regular Meeting,
as recommended by City Clerk.
b) Approval of minutes of May 16, 1986, Special Meeting,
as recommended by City Clerk.
c) Approval of minutes of June 6, 1986, Special Meeting,
as recommended by City Clerk.
d) ESM Litigation - English, McCaughan & O'Bryan -
Invoice in the amount of $258.82
e) Planning Commission - Announcement of vacancies of 3
alternate positions for one (1) year terms.
f) Authorization for establishment of car allowance for
Council - Temp. Reso. #4205
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7/9/86
g) Tamarac Gardens - Approval to renew a model sales
permit for a 6 month period to expire January 27,
1987.
h) Woodmont Tract 74/75 (Bonaire) - Approval of renewal
of model sales permits for Site Plans 1, 2 and 3 and
waiver of the 300-foot distance requirement for Site
Plan 2 for a 6 month period to expire January 12,
1987.
i) Bayside at Isles of Tamarac -- Approval of renewal of
model sales permit and waiver of the 150-foot distance
requirement for a 6 month period to expire January 22,
1987.
j) Northwood II - Approval of renewal of model sales
permit and waiver of the 300-foot distance requirement
for 6 month period to expire January 14, 1987.
k) Pineapple Park - Beautification Bond Release for
Buildings 3 thru 6, 9 and 10 for a total of $5,950.00-
Temp. Reso. #4215
RESOLUTION NO. R-86-250 PASSED.
1) University Community Hospital - Bond Release -
Approval of release of a warranty bond in the amount
of $8,200.00 - Temp. Reso. #4217
RESOLUTION NO. R-86-251 PASSED.
m) Fire Department - Authorization to purchase six (6)
8-channel radios as a sole source item from General
Electric Company - Prices quoted per GSA Contract in
the amount of $7,998.00.
n) Parks & Recreation Department -- Approval to transfer
$4,000.00 from Contingency Account to Recreational
Activities Account to sustain programs through fiscal
year.
o) Approval of minutes of June 4, 1986, Special Meeting,
as recommended by City Clerk.
p) Utilities West
1) Northwest Force Main - Project 84-6 - Approval to
solicit bids for this work (tabled from 6/25/86)
2) One (1) Water Meter Test Bench - Approval to
solicit,bids at an amount not to exceed $5,600.00.
3) Sump Pump Replacement - Approve authorization to
transfer $2,636.00 from Appropriated Fund #428-380-
001 to Renewal and Replacement Fund #428-367-535-
643 Wastewater Collection, Capital Machinery and
Equipment.
4) Purchase of Emergency Generator - Authorization to
transfer $10,000.00 from Appropriated Fund #428
380-001 to Renewal and Replacement Fund #428--367-
535-659 - Emergency purchase was approved at
6/25/86 Council meeting.
5) CH2M Hill - Approval of Invoices for the following:
a) Project 84-5 - Design Services - $11,604.85
b) Project 84-6 - Northwest Force Main Pumps -
$2,172.80
c) Project 84-6 - Geotechnical Services -- $2.40
d) Project 84-7 - Sludge Dewatering and Composting-
$1,927.82
e) Project 86-17- Official Statement for Bond Issue
$6,289.56
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6) Hazen and Sawyer - Approval of Invoices for the
following:
a) Project 85-17 - Water Treatment Plant Improve-
ments, Phase 2 - $17,178.56
b) Project 85-19 - Storage Treatment Plant Expan-
sion and Rehabilitation - $7,339.68
c) Project 86-2 - Design of University Drive
Utility Relocation - $7,078.87
d) Project 86-5 - 201 Regional Force Main and Pump
Station - $23,032.96
7) Florida Testing Laboratory - Approval of Invoices
for the following:
a) Project 84-19 - 2.0 MG Water Tank Construction -
$75.00
b) Project 84-19 - 2.0 MG Water Tank Construction
Density Testing - $260.00
8) Williams, Hatfield & Stoner - Project 84-19A -
Approval of Payment #3 for water storage tank
design and supervise construction services in the
amount of $16,513.35.
9) James M. Montgomery - Project 82-20 - Water Treat-
ment Plant High Service Pump Contract - $636.00
FINAL ACTION:
APPROVED a) through e) and g) through p).
f) was REMOVED from the agenda.
g) Agendized by Consent the 300-foot waiver of distance
requirement and it was APPROVED.
19 n s REMOYED for discussion and then APPROVED.
TAMARAC UTILITIES
3. C nsult' neers - Termination gf Contracts -
Discussion and possible action to terminate the consulting
engineering contracts with Williams, Hatfield & Stoner,
Inc. and James M. Montgomery Engineers.
FINAL ACTIO
T o 4220 was Agendized by Consent and APPROVED
terminating the consulting engineering contract with
James M. Montgomery Engineers.
RESOLUTION NO. R-86-252 PASSED.
Temp. eso. #4221 was Agendized by Consent and APPROVED
terminating the consulting enginering contract with
Williams, Hadfield & Stoner.
RESOLUTION NO. R-86-253 PASSED.
4. Proiec 86-15 - Replace_Nine (9) PuMping_Stations -
Discussion and possible action to authorize staff to
solicit bids for this work. This project was approved at
referendum in March, 1985, at an estimated cost of
$550,000.00.
INAL ACTION: APPROV D.
5. Project 84-21 - Replace alx 6 Pump Stations in the
Utilities East 3ystem - Discussion and possible action to
authorize staff to solicit bids for this work at an
estimated cost of $150,000.00. This project was approved
at referendum in March, 1985.
FINAL ACTION:
APPR V D.
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7/9/86
6. Consulting Engines and Contractors -- Contingency
Payment Plan - Discussion and possible action to authorize
appropriate officials to approve progress payments to
consulting engineers and contractors during the August
recess.
FINAL ACTION:
APPRQYED.
7. P.roiect 86-19 - Watec_Storage Tanks Refurbishing --
Discussion and possible action to:
a) Clarify cost and description of work required -
(Approved 6/25/86)
b) Authorize transfer of $18,000.00 from Appropriated
Fund to the Renewal and Replacement Fund.
FINAL ACTION:
EM ED from the agenda gs action was unnecgssarvo
PUBLIC HEARINGS - 10:00 A.M.
8. Yphicle, Boat or Trailer Parking 1 t' n of Code
Chapter 15 - Temp. Qgd,1268 - Discussion and possible
action to amend Chapter 15 by creating a new Subsection
15-3.3 to provide for a presumption that any motor
vehicle, recreational vehicle, trailer, boat or boat
trailer, motor home or commercial vehicle parked in
violation of this Chapter shall be presumed to have been
parked illegally by the owner. Second Reading.
FINAL ACTION: ORDINANCE NO. 0-86-40 PASSED.
APPROVED Temp, Ord,#1268 on second and final reading.
Public hearing was held.
9. Phoenix -Filling Station - Petition #5-Z-86 - Temp
Resa. #4218 - Discussion and possible action on a request
for special exception to permit a gas station on Lot 10,
Block 10 of Lyons Commercial Subdivision #2
(located on the northeast corner of Commercial Boulevard
and NW 94 Avenue)
FINAL ACTION: RESOLUTION NO. R-86-260 PASSED.
APPROVED subject to the comments of the City staff dated
5/20/86 and all landscaping being approved by the Planning
Commission nd C unc'1. Public hearing was held-.--
10. Sabal Palm Golf Club. Inc. -- Petition #7_-Z-86 -
Temp. Ord. 11275 - Discussion and possible action on a
request to rezone a portion of this property from R4A to
S-1 located on the northeast corner of Commercial Boule-
vard and Rock Island Road for the recreation parcel of the
Oxford Development project. First Reading.
FINAL ACTION•
_. APPROVED rst reading. Public hearing was beld,
GENERAL ADMINISTRATIVE/FINANCIAL/LEGAL
11. Investment of City Funds - Temp. Reso., #4025 - Discussion
and passible action to establish procedures for investment
transactions. (tabled from previous meetings)
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7/9/86
11. Investment of City Funds - T 4025 - Cont'd.
FINAL ACTION:
TABLED_gt t_hg rpgggst of the _Finance Director.
12. Resignatign of _Sydney -Stein as Vice Mavor - Discussion and
possible action to:
a) Accept the resignation of Sydney Stein as Vice Mayor
b) Council election of new Vice Mayor until March, 1987
Election Certification Special Meeting
FINAL ACTION•
a) Council ACCEPTED the resignation of Sydney Stein as
Vice Mayor
b) Council APPOINTED Jack Stelzer as Vice Mayor until
March, 1987 Election Certification Spggial Meeting
13. Risk Management Department - Discussion and possible
action on procedures followed in selection of insurance
companies used by the City.
FINAL ACTION:
Report was given by Judy Deutsch, Personnel Director and
no Council action was necessary.
14. Municipal Property - Commercial Boulevard — Discussion and
possible action on an offer to purchase Lots 3, 4, and 5,
Block 8 of Lyons Commercial Subdivision #2, located
between Commercial Boulevard and NW 88 Avenue, west of
NW 84 Terrace.
FINAL ACTION '
REMOVED from the agenda since property would be an REMOVED
from the agenda since selling of this property would be
inappropriate at this time.
15. Charter Amendment - Section 7.02 - TejDps_ Ord 1274-
Discussion and possible action to place a Charter
Amendment on the November 4, 1986 ballot to change the
date of City Manager submission of the budget to Council
from July 1st to no later than July 30th of each year.
First Reading.
FINAL ACTION:
APPROVED Temp. Qsd.,--#1274 on first reading.
16. Yuko Saito vs. City_ of Tamarac - Litigation - Discussion
and possible action to authorize payment of $6,646.09 to
the law firm of Gunther & Whitaker, P.A. for Transit
Casualty Insurance Company now in receivership.
FINAL ACTION:
APPROVED.
COMMUNITY DEVELOPMENT
17. Colony West sso ea (Shoppes of marac - Rezoning
Petition #3-,Z-85 - Temp. O;rd., .11169 - Discussion and
possible action on the recommendation of the City Attorney
relating to the rezoning of this property B-1 and B-2.
Second Reading (tabled from previous meetings)
FINAL ACTION-
DENIED this petition so that it may be resubmitted without
prejudice based on the fact that it was Tabled for a year
and a half.
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7/9/86
18. Jasmine - Woodmont Tract 68 - Discussion and possible
action on:
a) Revised site plan to upgrade landscaping, addition of
security gate and increased square footage -
Temp. Reso. #4211
b) Renewal of model sales permit and waiver of 300-foot
distance requirement for a 6 month period to expire on
January 10, 1987.
FINAL ACTION: RESOLUTION NO. R-86-257 PASSED.
a) APPROVED as submitted.
b APPROVED.
19. New Municipal Complex - Discussion and possible action on:
a) Landscape Plans
b) Floor Plans and elevations
c) Authorization to go to bid
d) Ratify trip of Vice Mayor Stein and Finance Director
to New York on July 7th to secure bond rating for
General Obligation Bonds
e) Authorize the City Manager, Finance Director and two
(2) Council members to attend the General Obligation
Bond Closing in New York in August, 1986
FINAL ACTION:
a) APPROVED subject to the Black Olive trees not being
placed adjacent to the parking spaces with Laurel Oaks
being substituted.
b) APPROVED.
c) Authorization was given to go to bid and return to
Council for discussion at the September meeting.
d) Ratification was given.'
e) Authorization was given for the City Manager and
Finance Director, or their designees, and two Council
members to attend the General Obligation Bond Closing
in w York ust 1986.
20. Municipgll Buildip_g_s - City Hall, Public Works, Ut;,lity
C-o=lex - Discussion and possible action to:
a) Determine appropriate zoning district for each build-
ing
b) Authorize administration to initiate rezoning of each
building (tabled from 6/25/86)
FINAL ACTION:
TABLED - TABLED -at the request of the C i f guilding Official,
21. Sabal Palm Townhouses - Discussion and possible action on:
a) Acceptance of Bill of Sale Absolute for Sewage Collec-
tion System - Temp. Reso. #4207
b) Release of Performance Bond in the amount of
$70,237.00 subject to receipt of a one year warranty
bond in the amount of $13,625.38 and an additional
performance bond in the amount of $21,236.94 for
improvements made in Bailey Road area - Temp.
Reso. #4219
FINAL ACTION:
a) APPROVED. RESOLUTION NO. R-86-258 PASSED.
b APPROVED. RESOLUTION NO.-86-259 PAggED.
22. Fairhaven 11 - Revised Site Plan - Temp. Reso.
#4212 -- Discussion and possible action to approve a
revised site plan for the addition of a storage room.
FINAL ACTION:
APPHQVED. FESOLI!TION No. R-86-256 PA15SED.
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23. Woodm n4 t Tract; 72-A - Revised Site PIgn - Temp.
Reso. #4213 - Discussion and possible action to approve a
revised site plan to change the unit mix and relocate a
dumpster.
FINAL ACTION: RESOLUTION NO. R-86-261 PASSED.
APPROVED with the condition that the documents be amended
with no trash cans exposed, other than on day of pickup
and the
owne t notified
24. Midway Plaza - ReviSgd SitePlan - Temps Reso.
#4214 - Discussion and possible action to approve a
revised site plan to change the dimension of Building A,
revise dumpster at Building D, revise a well location,
adjust a parking island and landscaping.
FINAL ACTION:
APPROYED. RESOLUTION NO.-86-255 PASSED.
REPORTS
25. City Council
26. City Manager
27. City Attorney
AGENDIZED BY CONSENT
28. Project 85-19 - STP Rehab& --Expansion - Hazen &
Sawyersneer' Contract - Discussion and possible
action regarding proceeding on Task Order #9.2 and 9.3 in
an amount not to exceed $10,700.00.
FINAL ACTION:
APPRO ED
JP29- Pro'ect 85-18 -- Lanzo Construction Company -
Invoicc#1710-23 - No. 5 in an amount of 67,916.20
for wo k completed through May 30 1986 on the 18"
_Force Main Crossing at Commerci„al_Boulgyard - Discussion
possible ossible action.
FINAL ACTION:
APPROYD.
30. Project 84-9 - Discussion and possible action on author-
ization to confirm "Do Not Duplicate" change order in the
amount of $38,000.00 for additional work associated with
the water main turnpike utility relocation. Staff
verbally authorized Lanzo Construction Co. to proceed in
accordance with Code Section 9-39.
FINAL ACTION:
APPROYED ._
The City Council may consider and act upon such other business
as may come before it.
Pursuant to Chapter 286.0105, Florida Statutes, if a person
ecides to appeal any decision made by the City Council with
espect to any matter considered at such meeting or hearing, he
may need to ensure that a verbatim record of the proceedings is
made which record includes the testimony and evidence upon which
the appeal is based.
Marilyn Bertholf,
City Clerk
CMC /�
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7/9/86
CITY OF TAMARAC, FLORIDA
REGULAR CITY COUNCIL MEETING
July 9, 1986
Tape 1 CALL T DER: Mayor Hart called the meeting to order on Wed-
nesday, July 9, 1986 at 9:00 A.M. in the Council Chambers of City
Hall.
ROLL CALL: PRESENT:
Mayor Bernard Hart
Vice Mayor Sydney M. Stein
Councilwoman Helen Massaro
Councilman Jack Stelzer
Councilman Arthur H. Gottesman
ALSO PRESENT:
John P. Kelly, City Manager
A. Bryant Applegate, City Attorney
Marilyn Bertholf, City Clerk
Patricia Marcurio, Secretary
MEDIATION AND PLED E OFGIANCE: Mayor Hart called for a Moment
of Silent Meditation followed by the Pledge of Allegiance.
TAMARAC UTILITIE-S
28. proigct 85-19 -- STP Fghab and -Expansion - Hazen and
sawyer-EngineeringCont act - Discussion and possible action
regarding proceeding on Task Order #9.2 and 9.3 in an amount
not to exceed $10,700.00.
SYNQPSIS OF ACTION: Agendized by Consent.
(See Page 13).
C/M Stelzer MOVED to Agendize this item by Consent, SECONDED by
V/M Stein.
VOTE: ALL VOTED AYE
29. Project 85-18 - Lanzo Construction Colppany_ - Invoice
#1710-23 - N0 5 in an amount of $67,916.70 fgr work
cgmpleted thlough May 30 986 on the 18-inch Force Main
Crggsingerci Boulevard - Discussion and possible
action.
SYNOPSIS OF ACTION: Agendized by Consent.
(See Page 14).
C/M Stelzer MOVED to Agendize this item by Consent, SECONDED by
V/M Stein.
VOTE: ALL VOTED AYE
30. Proiact�84-9 - Discussion and possible action on authoriza-
tion to confirm "Do Not Duplicate" change order in the amount
of $38,000.00 for additional work associated with the water
main turnpike utility relocation. Staff verbally authorized
Lanzo Construction Co. to proceed in accordance with Code
Section 9-39.
SYNOPSIS OF ACTION: Agendized by Consent..
(See Page 14).
C/M Stelzer MOVED to Agendize this item by Consent, SECONDED by
V/M Stein.
VOTE: ALL VOTED AYE
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3. Consulting Fnq' eery - Termination of Contracts - Discussion
and possible action to terminate the consulting engineering
contracts with the following:
James M. Montgomery Engineers— Temp. Reso.___#4220_
Williams, Hatfield & Stoner, Inc. - Temp, ggso..#4221
SYNOPSIS OF ACTION:
Both Temp. so. #4220 and
Temp. Reso, #4221 were
Added to agenda item.
(See Pages 6 & 7) .
C/M Stelzer requested Agend-izing both Temp. Reso. #4220 and
Temp,_ Reno. #4221 by Consent. Mr. Applegate said this does not
require Agendizing by Consent since he will read the Resolutions
when that -item is discussed.....,,
CONSENT AGENDA
2. Cons nt Aggnda -
g) Tamarac Gardens
1) Approval to renew a model sales permit for a 6 month
period to expire January 27, 1987.
2) Waiver of the 300-foot distance waiver for issuance of
certificates of occupancy.....
SYNOPSIS OF ACTION:
b) Agendized by Consent
(See Pages 3 thru 6) .
C/M Stelzer MOVED to Agendize the b) portion of this item, SECOND-
ED by C/W Massaro.
VOTE: ALL VOTED AYE
f) Authorization for establishment of car allowance for Council--
TemR. _Reso,,_#4205
SYNOPSIS Q.F ACTION'&
REMOVED from the agenda.
(See Pages'3 thru 6).
C/M Stelzer MOVED to REMOVE this item from the agenda, SECONDED by
C/W Massaro.
V TE: ALL VOTED AYE,
GENERAL ADMINISTRATIVE/FLNAnCIAL
11. Investment of City Funds --� Temp. Reso. #4,025 - Discussion and
Possible action to establish procedures for investment
transactions. (tabled from previous meetings)
SYNOPSIS OF ACTION:
TABLED at the request of
the Finance Director.
C/M Stelzer MOVED to TABLE this item at the request of the Finance
Director, SECONDED by C/W Massaro.. -.
VOTE: ALL VOTED AYE
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COMMUNITY DEVELOPMENT
20. Municipal Building - City Hall. Public works,__Utility
Complex - Discussion and possible action to:
a) Determine appropriate zoning district for each building
b) Authorize administration to initiate rezoning of each
building (tabled from 6/25/86).
SYNOPSIS OF ACTION:.
TABLED at the request of
the Chief Building Official.
C/M Stelzer MOVED to TABLE this item at the request of the Chief
Building Official, SECONDED by V/M Stein.
VOTE: ALL VOTED AYE
BOARDS AND COMMITTEES
1. Board of Adjustment - Temp. Reso. #4216 - Discussion and
possible action to appoint one regular member for a three (3)
year term, one regular member for a two (2) year term and two
(2) alternate members for one year terms.
SYNOPSIS OF ACTION: RESOLUTION NO. R-86-254 PASSED.
APPROVED appointing those
named in the Minutes.
Mr. Applegate read s #4216 by title.
V/M Stein said to date there have been no additional applicants
for the Board of Adjustment and all the incumbents have requested
reappointment. He nominated the following:
Edward Rockwell - Regular member for,3 years
John Hamilton - Regular member for 2 years
Arthur Santman - Alternate member for 1 year
Mayor Hart called for further nominations and there were none.
V/M Stein MOVED APPROVAL of Temp. Reso. #4216 appointing those
nominated, SECONDED by C/M Stelzer.
VOTE: ALL VOTED AYE
CONEN...
, T� AgENDA
2. Consent Agenda -
a) Approval of minutes of May 14, 1986, Regular Meeting, as
recommended by City Clerk.
b) Approval of minutes of May 16, 1986, Special Meeting, as
recommended by City Clerk.
c) Approval of minutes of June 6, 1986, Special Meeting, as
recommended by City Clerk.
d) ESM Litigation - English, McCaughan & O'Bryan - Invoice in
the amount of $258.82
e) Planning Commission - Announcement of vacancies of 3
alternate positions for one (1) year terms.
Board of Adjustment - Announcement of a vacancy of 1 alter-
nate position.
f) Authorization for establishment of car allowance for Council
-- Temp. Reso. #4205
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g) Tamarac Gardens -
.1) Approval to renew a model sales permit for a 6 month
period to expire January 27, 1987
2) Waiver of the 300-foot distance requirement for issuance
of certificates of occupancy'
h) Woodmont Tract 74/75 (Bonaire) - Approval of renewal of model
sales permits for Site Plans 1, 2 and 3 and...wa-ive_r of:the
300-foot distance requirement for Site Plan 2 foTr a 6 month
period to expire January 12, 1987.
i) Bayside at Isles of Tamarac Approval of renewal of model
sales permit and waiver of the 150-foot distance requirement
for a 6 month period to expire January 22, 1987.
j) Northwood II - Approval of renewal of model sales permit and
waiver of the 300-foot distance requirement for 6 month
period to expire January 14, 1987.
k) Pineapple Park - Beautification Bond Release for Buildings 3
thru 6, 9 and 10 for a total of $5,950.00-
Temp. Reso. .#4215
RESOLUTION NO. R--86-250 PASSED.
1) University Community Hospital - Bond Release -
Approval of release of a warranty bond in the amount
of $8,200.00 - T_emp. Reso= #4217
RESOLUTION NO. R-86-251 PASSED.
m) Fire Department - Authorization to purchase six (6)
8-channel radios as a sole source item from General
Electric Company - Prices quoted per GSA Contract in
the amount of $7,998.00.
n) Parks & Recreation Department -Approval to transfer
$4,000.00 from Contingency Account to Recreational
Activities Account to sustain.programs through fiscal_,
year.
o) Approval of minutes of June 4, 1986, Special Meeting,
as recommended by City Clerk.
p) Utilities West
1) Northwest Force Main - Project 84-6 - Approval to
solicit bids for this work (tabled from 6/25/86)
2) One (1) Water Meter Test Bench - Approval to
solicit bids at an amount not to exceed $5,600.00.
3) Sump Pump Replacement - Approve authorization to
transfer $2,636.00 from Appropriated Fund #428-380
001 to Renewal and Replacement Fund #428-367-535
643 Wastewater Collection, Capital Machinery and
Equipment.
4) Purchase of Emergency Generator - Authorization to
transfer $10,000.00 from Appropriated Fund #428
380-001 to Renewal and Replacement Fund #428-367-
535-659 - Emergency purchase was approved at
6/25/86 Council meeting.
5) CH2M Hill - Approval of Invoices for the following:
a) Project 84-5 - Design. Services - $11,604.85
b) Project 84-6 - Northwest Force Main Pumps -
$2,172.80
c) Project 84-6 - Geoteehnical'Services - $2.40
d) Project 84-7 - Sludge Dewatering and Composting-
$1,927.82
e) Project 86-17- Official Statement for Bond Issue
$6,289.56
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6) Hazen and Sawyer -- Approval of Invoices for the
following:
a) Project 85-17 - Water Treatment Plant Improve-
ments, Phase 2 -- $17,178.56
b) Project 85-19 - Storage Treatment Plant Expan-
sion and Rehabilitation - $7,339.68
c) Project 86-2 - Design of University Drive
Utility Relocation - $7,078.87
d) Project 86--5 - 201 Regional Force Main and Pump
Station - $23,032.96
7) Florida Testing Laboratory - Approval of Invoices
for the following:
a) Project 84-19 - 2.0 MG Water Tank Construction -
$75.00
b) Project 84-19 - 2.0 MG Water Tank Construction
Density Testing - $260.00
8) Williams, Hatfield & Stoner - Project 84-19A -
Approval of Payment #3 for water storage tank
design and supervise construction services in the
amount of $16,513.35.
9) James M. Montgomery - Project 82-20 - Water Treat-
ment Plant High Service Pump Contract - $636.00
SYNOPSIS OF ACTION: (See Pages 2, 4 & 6)
APPROVED a) through e) and
g) through p).
f) was REMOVED from the agenda.
(See Page 2) .
and g) 1) & g) 2) were APPROVED (See Page
n) was REMOVED for_dlscussion and
then APPROVED.
C/W Massaro requested that n) be REMOVED for further discussion.
e) Mayor Hart added to this item the announcement of one vacancy
for an alternate position on the Board of Adjustment.
C/M Stelzer MOVED APPROVAL of items a) through e) and g) through
p). SECONDED by V/M Stein.
VOTE:
ALL VOTED AYE
n) C/W Massaro.asked if any type of accounting has been given to
the City Manager to determine where the deficit is and why it
was created requiring that more money be added.
John Kelly, City Manager, said the backup information provided
by Mr. Couzzo, the Public Works Director, who oversees the Parks
and Recreation Department, states they are requesting this
transfer due to past experience in the recreational programs.
He said they have expended $23,603.26 through 6/l/86. He said
their revenues are in excess of $27,500.00.
Mr. Kelly said due to the nature in which the funds were budget-
ed for this program this fiscal year, the transfer will be
required to continue offering those same programs through the
remainder of the fiscal year. He said they advise that the
transfer of funds represents a transfer from revenues already
collected.
C/W Massaro said that answers her question.
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7/9/86
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V/M Stein MOVED APPROVAL of n), SECONDED by C/M Gottesman.
VOTE: ALL VOTED AYE
TAMARAC UTILITIES
3. Consulting Engineers -r Termination of„Cgntracts -- Discussion
and possible action on:
a) Termination of the consulting engineering contract with
Williams, Hatfield & Stoner, Inc. - Tip= Rgso. #422.1
b) Termination of the consulting engineering contract with
James M. Montgomery Engineers - Temp. Reso #4220
SYNOPSIS OF ACTION:
APPROVED a) and b).
Mr. Applegate read Temp. Reso. #4220 by title.
C/M Stelzer MOVED APPROVAL of Temp. eso. 4220 terminating the
consulting engineering contract with James M. Montgomery,
SECONDED by V/M Stein.
VOTE: ALL VOTED AYE
Mr. Applegate read Te-ma, Reso. #4221 by title.
C/W Massaro questioned how this affects the certification
required by Williams, Hatfield & Stoner for the City's bond
issue.
V/M Stein said this would not affect anything Williams, Hatfield
& Stoner has done previously and any certifications that they
have made. He said the City has the right to retain them on any
individual project. He said this would just make it clear that
they are no longer consulting engineers for the City.
V/M Stein MOVED APPROVAL of Temp. Reso. #4221, terminating the
consulting engineering contract with Williams, Hatfield &
Stoner, SECONDED by C/M Stelzer.
C/W Massaro asked why Williams, Hatfield & Stoner is being
removed as consulting engineers for the City since they have
been with the City since 1972. She asked the purpose of this
termination.
Bob Foy, Deputy City Engineer, said the only advantage he can
see would be to give staff a clear cut direction not to ask them
for a number of things that have been done in the past. He said
the City will now rely on Hazen and Sawyer and Russell/Axon.
V/M Stein said Williams, Hatfield & Stoner submitted an estimate
of approximately .$20,000.00-and, when the Utilities Director
became upset by this amount,°they reduced the amount to approxi-
mately $5,000.00. He said they had the same opportunity as any
other engineer to apply as consulting engineers but, as a result
of the reduction in the amount paid to them, they refused to
submit a bid. He said the City advertised 2 months ago for
consulting engineers.
C/M Stelzer said when Williams, Hatfield & Stoner were involved
with the problem regarding the spray irrigation for the City,
everyone was determined to have them removed as consultants for
the City. He said he objects to this change of attitude.
V/
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C/W Massaro said she was not on the Council at that time but
Williams, Hatfield & Stoner has a different story about what
happened at that time regarding the spray irrigation.
C/M Gottesman said staff had previously requested that the
consultants be -changed.
V T :
C/M Gottesman Aye
C/M Stelzer Aye
C/W Massaro Nay
V/M Stein Aye
Mayor Hart Aye
4. Pr-Qject 86-15 - Repl. gNine (9) Pumping,St.4tions -
Discussion and possible action to authorize staff to solicit
bids for this work. This project was approved at referendum
in March, 1985, at an estimated cost of $550,000.00.
SYNQPSI,SQF ACTION:
APPROVED.
C/W Massaro MOVED APPROVAL, SECONDED by C/M Gottesman.
VOTE:
ALL VOTED AYE
5. Project 84-21 - Replace Six 6 Pump Stations in the
Utilities East_„System - Discussion and possible action to
authorize staff to solicit bids for this work at an
estimated cost of $150,000.00. This project was approved at
referendum in March, 1985.
SYNOPSIS OF ACTION:
APPROVED. ^
C/M Stelzer MOVED APPROVAL, SECONDED by V/M Stein.
VOTE:
ALL VOTED_AYE
6. Consulting Engineers and Contractors,- Contingency
Payment Plan - Discussion and possible action to authorize
appropriate officials to approve progress payments to
consulting engineers and contractors during the August
recess.
SYNOPSIS OF ACTION:
APPROVED. _.
C/M Gottesman MOVED APPROVAL, SECONDED by C/W Massaro.
VOTE:
ALL VOTED AYE
7. Project 86-19 - Water Storage Tanks Refurbigbjag -
Discussion and possible action to:
a) Clarify cost and description of work required -
(Approved 6/25/86)
b) Authorize transfer of $18,000.00 from Appropriated Fund
to the Renewal and Replacement Fund.
SYNOPSIS OF ACTION:
REMOVED from the agenda
as action was unnecessary.
a) Mr. Procopio said staff felt money could be saved by the City
with the existing tank being built and the painting crews
painting the tank. He said a price was quoted which could not
be accepted without going to bid. He said they are trying to
get Krom Tanks, who is painting the existing tanks, to offer a
price through open competitive bidding with other painting
contractors in order to paint the two existing tanks.
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7/9/86
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Mr. Procopio said one tank is at Grants Plaza and the other is
at the treatment plant site. He said based on Council's
approval today, this project could be advertised by 7/12/86.
Mr. Procopio said the authorization for bid was given at the
last Council meeting and, it was agendized too low and they are
now seeking authorization to change the amount to $18,000.00.
C/M Stelzer said the backup material shows a price of plus or
minus $7,000.00 per tank. He said they are now asking for
approval of $18,000.00 with a transfer of funds from one account
to another.
Mr. Procopio said the bid of $7,000.00 was only a verbal offer.
C/M Stelzer MOVED APPROVAL of authorization to go to bid for an
amount of $18,000.00.
Mr. Applegate asked the City Clerk if the authorization to go to
bid was approved on 6/25/86 and she answered yes, this is just a
clarification that the bid amount be clarified.
V/M Stein said the previous approval to go to bid was for "plus
or minus"; therefore, this approval is not necessary.
Mr. Applegate said that is the point he was trying to make. He
said on 6/25/86, Council authorized staff to go to bid to
refurbish water storage tanks; therefore, further action is not
required.
b) V/M Stein MOVED to REMOVE both a) and b) from the agenda since
they are unnecessary, SECONDED by C/M Stelzer.
VOTE: ALL VOTED AYE
GENERAL ADMINISTRATIVE/FINAN.CIAL
12. Resignation of-Sy—dney Stein as Vice Mayor Discussion and
possible action to:
a) Accept the resignation of Sydney Stein as Vice Mayor
b) Council election of new Vice Mayor until March, 1987
Election Certification Special Meeting
SYN-OPSIB OF ACTION:
a) Resignation ACCEPTED.
b) Jack Stelzer was appointed
as Vice Mayor until March,
1987.
a) C/M Stelzer MOVED to ACCEPT the resignation, SECONDED by
V/M Stein.
Melanie Reynolds, resident, said Mr. Stein said his reasons for
resigning were that he would be extremely busy with the 201
Program and the Municipal Complex. She said under the Charter,
Mr. Stein does not have any administrative duties and the
Councilman's Manual shows a Councilperson's duties and the City
Manager's duties. She said she thinks if this is granted to
Mr. Stein he will be in violation of the Charter.
VOTE•
C/M Gottesman Aye
C/M Stelzer Aye
C/W Massaro Nay
V/M Stein Aye
Mayor Hart Aye
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7/9/86
/pm
b) C/M Gottesman nominated Helen Massaro as Vice Mayor and C/M
Stein nominated Jack Stelzer as Vice Mayor. Hearing no other
nominations, the following vote was held:
C/M Gottesman - Massaro.
C/M Stelzer - Stelzer
C/W Massaro - Massaro
C/M Stein - Stelzer
Mayor Hart - Stelzer
C/M Stelzer was elected as Vice Mayor for a term to expire in
March, 1987 at the Election Certification Special Meeting.
14. Municipal Property - Commerci 1 Bou1 v d - Discussion and
Possible action on an offer to purchase Lots 3, 4 and 5,
Block 8 of Lyons Commercial Subdivision #2, located between
Commercial Boulevard and NW 88 Avenue, west of NW 84
Terrace. ..
.SYNOPSIS OF ACTION:
REMOVED from the agenda since
selling of this property would
be inappropriate at this time.
Tape 2
City Manager Kelly said there was an offer to secure these three
parcels by an interested party. He said he feels very strongly
that this would be an inappropriate action at this time and
should not be discussed until Council has determined that they
are, in fact, interested in.selling City property.
Mr. Applegate said any sale of public property must follow the
City Code and they will assure that this is done. He suggested
this item be Removed from the agenda.
C/M Stein MOVED to REMOVE this item from the agenda, SECONDED by
C/W Massaro.
VOTE: ALL VOTED AYE
13. Risk M na a ent De a t ent - Discussion and possible action
on procedures followed in selection of insurance companies
used by the City.
-SYNOPSIS OF ACTION:
Report was given by the
Personnel Director and
no Council action was
necessary.
V/M Stelzer said this item is on the agenda because the insur-
ance company has failed and the City must pay the legal fees.
He questioned whether the City investigates the financial
responsibility of insurance companies and how are the insurance
companies selected.
Judy Deutsch, Personnel Director, said when there is a formal
bid proposal, and Transit Casualty was selected on a formal bid,
the City seeks the best rating. She said that is used as one of
the criteria in determining the selection of the carrier. She
said in 1981 Transit Casualty was an 8 plus 12 rated company,
which is one of the best ratings a company could have.
C/W Massaro asked how old the policy was and Mrs. Deutsch said the
original policy the City had with them was from November, 1980 to
November, 1981 and the last renewal was 1984. C/W Massaro asked
if they were checked at that time and Mrs. Deutsch said no.
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7/9/86
/pm
C/W Massaro asked if they are checked through Mr. Gunther's office
and Mrs. Deutsch said no. C/W Massaro said she made some
inquiries since the last discussion regarding this and she learned
that solid information can be obtained by calling Mr. Gunther's
office.
Mrs. Deutsch said that is true except that in this volatile
market, the ratings can change on a monthly basis. She said a
contract can be taken with an insurance company with a rating such
as this and it can change several months after the contract is
taken.
C/W Massaro said she heard the best place to go is through
Mr. Gunther's office and she felt the City is not going to the
right place if they do not go through him. Mrs. Deutsch said that
can be done but the other considerations involved are that at the
time Transit Casualty was taken, the City requested proposals from
14 carriers, put legal ads in the newspapers and received two bids
back. She said the alternative could be going bare in a situation
such as this.
C/M Gottesman asked if the City is responsible if the insurance
company covering the City goes out of business. Mrs. Deutsch said
they are in receivership and she has been corresponding with the
Agent and the Receiver. She said the bill on the Council agenda
for approval will be forwarded to the Receiver and it is difficult
to determine at this time if any recovery will be realized.
Mayor Hart noted that no'Motion is required on this item.
15. Charter Amendment - Section 7.02 - Temp. Ord. 41274 -
Discussion and possible action to place a Charter Amendment
on the November 4, 1986 ballot to change the date of City
Manager submission of the budget to Council from July 1st to
no later than July 30th of each year. First Reading.
SYNOPSI F ACTION:
APPROVED on first reading.
Mr. Applegate read Temp. Ord. #1274 by title.
V/M Stelzer said tax assessment rolls are not given to the City
until sometime in July. He said if the City is required to
provide budget figures by July 1, the amount that the ad valorem
tax is based on is not included. He said it might be more advis-
able to change the date that the budget is required to be sub-
mitted to "on or before July 30".
V/M Stelzer MOVED APPROVAL of Tem d 1274, SECONDED by
C/M Stein.
C/M Gottesman said has no objection to this; however, he felt the
Council did not have an ample opportunity to review this because
of the August recess of Council. C/M Stein asked how the Council
can consider a budget without knowledge of what the ad valorem
income will be. He said the budget is not adopted until the last
day of September but this gives the Finance Director a chance to
submit valid figures no later than the end of July.
C/M Stein said this year's preliminary budget shows a proposal of
3 to 4 million dollar short fall. He urged that this be approved
at the Finance Director's request. V/M Stelzer said it should be
noted that there is no short fall, it is just uncertain at this
point what the City's income will be.
City Manager Kelly said he will make every effort to make sure
that the Council gets all the information as soon as possible.
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City Manager Kelly said the principle reason the Finance Director
is proposing this is that it is physically impossible for him to
comply with the present system because of the time frame regarding
the tax information.
Mr. Applegate said he strongly recommends Council consider this
because if the City Manager cannot provide Council with all the
necessary information by July 1 then there is a City Charter
provision that cannot be complied with. He said Council members
may request all budget information as of now if they so wish but
this would just change the provision that the information must be
complete by July 1.
V/M Stelzer said two Workshop meetings and two Public Hearings
have already been scheduled and this should provide ample time for
review of the budget. Frank Etheredge, Finance Director, said
this just allows the staff time between the time that the tax
collector gives his information and the time the budget is given
to Council. He said it will be done as soon as possible.
Morris Haber, Charter Board member, said he would rather keep the
provision that the budget be submitted by July 1.
VOTE:
C/M Gottesman
Nay
C/M Stein
Aye
C/W Massaro
Nay
V/M Stelzer
Aye
Mayor Hart
Aye
16. Yuko Saito vs. City--of--Tamarac - Litigation - Discussion and
possible action to authorize payment of $6,646.09 to the law
firm of Gunther & Whitaker, P.A. for Transit Casualty
Insurance Company now in receivership.
SYNOPSIS OF ACTION:
APPROVED.
Mr. Applegate referred to his memo to Council #86-7-12, which
summarizes his position that the City is obligated to pay the
Attorney fees in this case. He said the carrier, as discussed in
Item 13, went into receivership and there was a gap of time
between the time it went into receivership and the time that FIGA
picked up the responsibility. He said during that interim, the
former City Attorney had Attorney Robert Schwartz handle the case
for the City.
Mr. Applegate said he has been assured that Mr. Schwartz did
everything in his power to have the case and all items pertaining
to it continue until it was carried over but was unsuccessful. He
said the bills are reasonable and he is entitled to payment. He
said he spoke with Mr. Schwartz by phone and they do expect some
reimbursement from FIGA and that money will be forwarded to the
City; therefore, the amount of $6,646.09 will eventually be
reduced.
Mr. Applegate said the Risk Manager is pursuing going after
Transit Casualty and filing a claim with the Receiver. C/W
Massaro asked why the City is required to pay this now since this
is in receivership. Mr. Applegate said even if the City was
unable to obtain the money from the Receiver, the City is still
obligated to pay the Attorney's bill.
C/M Stein said securing an insurance company to cover a risk does
not relieve the person of the risk in law. He said the City is
only getting reimbursed from the insurance company on the City's
behalf.
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7/9/86
/pm
C/M Stein said the person insured is primary liable for the
accident and, if the insurance company goes broke, then the City
must pay. He said the Court does not recognize the insurance
company's prime liability to the person insured. He said the
City's only recovery is against the insurance company if there is
anything to recover.
C/M Stein MOVED APPROVAL of the payment of the bill, SECONDED by
C/W Massaro.
VOTE: ALL VOTED AYE
Mayor Hart noted there are 3 Public Hearings and two will be held
at 2:00 p.m. He said the newspaper ads stated "10:00 a.m." but
the signs on the property state "2:00 p.m."; therefore, Public
Hearings on Items 9 and 10 will be heard at 2:00 p.m.
PUBLIC. iiEARINC
8. Vehicle oat or Trailer,Parking in Vig1sitign gf Code
Chapter 15 - Temp. 0rg. #1268 - Discussion and possible
action to amend Chapter 15 by creating a new Subsection
15-3.3 to provide for a presumption that any motor vehicle,
recreational vehicle, trailer, boat or boat trailer, motor
home or commercial vehicle parked in violation of this
Chapter shall be presumed to have been parked illegally by
the owner. Second Reading.
BYNQI?,SIS OF ACTION:
APPROVED on second and final
reading. Public hearing was
held.
ORDINANCE NO. 0-86-40 PASSED.
Mr. Applegate read Temp. Ord. #1268 by title.
Mayor Hart opened the public hearing. Bernard Sims, resident,
asked if this Ordinance will enable the Police to go on private
property to cite illegal parking. Mr. Applegate said it is a
provision in the City Code and, if there are any vehicles
illegally parked, the Police can take appropriate action.
Vickie Beech, resident, said many residents are not aware that the
Ordinance exists pertaining to violations of parking of vehicles,
etc., and she suggested that an announcement be made in the PIC
notices to the public.
Morris Haber, Charter Board member, said public hearings do not
have much value since the people are not aware of what is being
discussed.
Mayor Hart closed the public hearing with no further response.
C/W Massaro asked Mr. Sims if he would like the Police to monitor
his area for parking and Mr. Sims said yes. He said there are
illegally parked vehicles at times and the Police will not get
involved because it is Condominium and is considered private
property. C/W Massaro said this should be considered further.
Mr. Applegate said the question raised is valid but it must be
reviewed by the Administration, Legal and Police Departments to
determine what is being done and why it is being done. He said
that question has nothing to do with this Ordinance.
C/W Massaro asked if something cannot
inance that would make it illegal for
not belong. Mr. Applegate said this
be written into this Ord -
people to park where they do
will be examined further.
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7/9/86
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LJ
C/M Gottesman asked if the Police are allowed to ticket a car in a
private residence and Mr. Applegate said he will have to examine
this further. He said the purpose of this Ordinance is to
establish a presumption so that when the Police ticket a vehicle
that is illegally parked, the City is aided in prosecution of that
parking violation by noting that the owner is the one responsible
for that violation.
C/W Massaro asked if a resident owns a recreational vehicle, do
they have the right to park this in their yard. Mayor Hart said
that is not what is on the agenda for discussion today.
C/M Stein MOVED APPROVAL of Te d. 12 8 on second and final
reading, SECONDED by V/M Stelzer.
yOTE: ALL VOTED AYE
COMMUNITY DEV LOPMENT
24. Ii' Way Plaza - agvised Site Plan -.Te p. Reso. #4214-
Discussion and possible action to approve a revised site plan
to change the dimension of Building A, revise dumpster at
Building D, revise a well location, adjust a parking island
and landscaping.
SYNOPSIS OF ACTIGN: RESOLUTION NO. R-86-255 PASSED.
APPROVED. (See Page 30 for further discussion).
Mr. Applegate read Temp.. Reso. #4214 by title.
Thelma Brown, City Planner, said this property is zoned B-2,
Master File #11-84 and the location is the northwest corner of
University Dr. and NW 57 St. She said the revisions are noted on
Page 2 of the plan that was submitted. She said staff has review-
ed this and recommends approval.
V/M Stelzer MOVED APPROVAL of SECONDED by
C/M Stein.
C/W Massaro asked Mrs. Brown if there is anything else that has
been changed that has not been highlighted and Mrs. Brown said not
that she is aware of.
VQTE: ALL VOTED AYE
TAMARAC UTILITIES
28. p oject 85--1.9 - STP Rehab and Expansion - Hazen gnd
Ea_ejEngineeri a Contract - Discussion and possible action
regarding proceeding on Task Order #9.2 and 9.3 in an amount
not to exceed $10,700.00.
SYNOPSIS OF ACTION: Agendized by Consent on Page
APPROVED.
V/M Stelzer said APPROVAL of this was requested by the Utilities
Director and he so MOVED, SECONDED by C/M Stein.
VOTE ALL VOTED AYE
13 7/9/86
/pm
J
29. Project 85-18 -- Lan_go Construction Company - Invoice
#1710-23 - No._5 in an amount of $67,916_.,70 for work
t-through may 30 86 jpn t o 18-ingh Force Main
C .ossin_g at Commerc„i,gl Boulevard - Discussion and possible
action.
SYNOPSIS -OF ACTION: Agendized by Consent on Page
APPROVED.
Tape 3
V/M Stelzer said APPROVAL of this was requested by the Utilities
Director and he so MOVED, SECONDED by C/M Stein.
VOTE:
ALL VOTED AYE
30. Project 84-9 - Discussion and possible action on authoriza-
tion to confirm "Do Not Duplicate" change order in the amount
of $38,000.00 for additional work associated with the water
main turnpike utility relocation. Staff verbally authorized
Lanzo Construction Co. to proceed in accordance with Code
Section 9-39.
SYNOPSIS OF ACTION: Agendized by Consent on Page
APPROVED.
V/M Stelzer said APPROVAL of this was requested by the Utilities
Director and he so MOVED, SECONDED by C/M Gottesman.
VOTE: ALL VOTED AYE
COMMUNITY DEVELOPMENT
22. Fairhaven 11 - tevised Site Plan - Te eso. #4212-
Discussion and possible action to approve a revised site plan
for the addition of a storage room.
'WTW� W fb +fir �i
PPP
RESOLUTION NO. R-86-256 PASSED.
Mr. Applegate read Temp. Reso. #4212 by title.
V/M Stelzer MOVED APPROVAL of Temp_._ Reso.._#4212, SECONDED by
C/M Gottesman.
VOTE:
REPORTS
25. C' C uncil -
C/M Gottesman - No report.
ALL VOTED AYE
C/W Massaro asked what happened with the sidewalk which was
supposed to have been installed on University Dr. and McNab Road.
She said this has been an item since 1983 and was primarily to aid
people in wheelchairs. City Manager Kelly asked who was respon-
sible for installing that sidewalk and C/W Massaro said it was
going to be done by the County with the City receiving easements
and dimensions. She said the City got the easements and dimen-
sions but the County did not install this as yet.
C/W Massaro asked that the City Manager check into the possibility
of a County Tree Fund. She said they have monies in Trust in the
Tree Division which should be appropriated to various cities. She
said an appropriation was received in 1984.
C/W Massaro asked that the City Manager also look into the exten-
sion of the road that Kings Point is on from the road to McNab Rd.
She said Kings Point has a contract with the County to add two
lanes to their four lane road and there are no lanes from that
point to McNab Rd.
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7/9/86
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C/W Massaro said there has been a suggestion made that two of
those lanes be used for a two lane road to open Section 7 and make
it accessible. City Manager Kelly said he will check this
further.
C/W Massaro asked if there is any follow-up on the cutting of the
Southern Bell cable line and who is responsible for the bill of
$524.75. Mr. Applegate said he checked this and the Personnel
Director is investigating the possibility of sending this to one
of the City's carriers.
C/W Massaro said she has asked several times for a follow-up on
the Banyan Lakes project, Phase III, which is in the County with
Tamarac supplying water and sewer services to that project. She
said someone had purchased 4 units and service was being denied to
them until the developer paid the monies owed. She said there was
a problem and Alan Ruf, Consulting City Attorney, said it would be
best to allow him to pay for those ERCs attributable to those 4
units.
C/W Massaro said she heard there are no other units there and she
asked that the City get a copy of the plan from the County to
determine whether there are empty lots there. She said she has
also requested figures from TUW regarding status of this account
and she has not received any information on this. She requested
that the City Manager and City Attorney follow this up.
C/M Stein said as a report on his recent trip, he had an interview
with Moody in order to get a rating and it seemed to go well. He
said there should be an indication by next week. He said Standard
and Poor should be coming through before that and they were very
impressed with the operation of Tamarac. He said they were
impressed that two years in a row Tamarac was named as,
"The City Beautiful"
C/M Stein said the Finance Director feels the City will receive an
"A" rating and he is hopeful this is so. C/M Gottesman asked what
this rating is for and C/M Stein said Moody gives ratings for the
credibility of the financial status of the City.
V/M Stelzer - No report.
C/W Massaro said there was a memo issued in March by Bob Foy,
Deputy City Engineer, to Jon Henning, former City Attorney, that
relates to the easement needed for the force mains on the Colony
West Country Club. She asked if this easement was ever obtained
and C/M Stein said they are in the process of cleaning up these
easements. She said the City Manager should be aware of this and
she will send him a copy of this memo.
C/M Stein said the City Attorney has this and the County has
consented to allow a switch of the road to two lanes rather than
enlarging to six lanes. He said there is an fee for design in the
approximate amount of $75,000.00 and they are trying to negotiate
that the City will advance this amount if the County will refund
it in 5 years, which is the time schedule they originally set for
this. He said they are very close to getting that road put in at
this time.
Mr. Applegate said he will check with Alan Ruf and Bob Foy regard-
ing this and report back to Council.
Mayor, Hart said in the Broward League of Cities' negotiation with
the companies handling the collection of garbage, there was
discussion regarding a $50.00 to $52.00 charge per ton, which was
exceptionally high. He said Council filed a written protest to
the County Commissioners and there has been some success in this
area.
15
7/9/86
/pm
Mayor Hart read a letter he received from County Commissioner
Nicki Grossman: "I have received a letter from many municipalities
in the League of Cities concerning negotiations with vendors for
our resource recovery facility. Our Commission feels as strongly
as you do about the serious impact of high tipping fees on the
success of our project. I am pleased to report that after addi-
tional negotiations, the tipping fee at our south plant appears to
be back in line in a range of about $35.00 a ton. This figure is
still subject to further negotiations, especially with Florida
Power & Light. I hope that by the time this process is complete
and our interlocals are signed that there might be even a further
reduction in the tipping fee. With so few options available to
the County and, sadly, fewer to the cities, I take very seriously
my responsibility to act on your behalf as well during these
negotiations. With best personal regards, I am sincerely, Nicki."
Mayor Hart said at the 6/25/86 Council meeting, the Mayor was
authorized to appoint a committee to investigate the question of
salaries and expenses. He said he appointed the following to the
Salary Review Committee:
David Krantz, Chairman
Manny Aquilera (Sunflower/Heathgate)
Louis Shiff, President of the Chamber of Commerce
Irving Lopatey, President of Tamarac President's Council
Larry Schneider (Lakes of Carriage Hills)
Mayor Hart said as of 7/7/86, Judge Gonzalez has approved the
agreement with Tamarac regarding the ESM Case giving the City
approximately $3,600,000.00 within the next few days.
26. City Manager -
City Manager Kelly said he is happy to be with the Council and he
noted that when Item 21, Sabal Palm Townhouses, was put on the
agenda at the Pre Agenda meeting, it was advised that warranty
bonds were anticipated and that they would be in hand prior to
this meeting. He said they have not yet been delivered to the
City and he recommended this item not be heard.
C/W Massaro said she does not believe they can get the warranty
bond until the performance bond is approved for release by the
Council. She said if the performance bond is not released, a
warranty bond is of no consequence.
Mr. Kelly said there are a number of management items that had to
be Agendized by Consent since some of the items submitted by the
Utility Department were not accepted by him. He said internal
procedures will be tightened to assure that the vendors are not
suffering but also that Council and staff are not suffering by
last minute items they have not had an opportunity to review at
the Pre Agenda meeting.
27. City Attorney -
Mr. Applegate said he has prepared a Code Enforcement Board
Procedural Handbook and the appropriate Resolution, which will be
considered at the 7/23/86 Council meeting. He said he has drafted
a letter to the Code Enforcement Board members advising them of
certain things that must be done. He said the City Clerk's office
will assist in arranging a meeting with the Code Enforcement Board
since two or three Workshop Meetings are anticipated to advise
them how to conduct a meeting. He said he has recommended that
the members attend, along with him, a Code Enforcement Board
meeting in Pompano Beach for this purpose.
16
7/9/86
/pm
Mr. Applegate said he also advised them that the Board's only
function is to determine whether or not a violation exists and not
to determine whether or not an Ordinance is valid or should be on
the books.
Mr. Applegate said in two years in Pompano Beach there were nearly
1,000 cases and none were ever reversed in a Court of Law based on
his advice. He said the reason is that he does not like giving
answers for the sake of looking like an expert at a meeting. He
said if he does not know the answer he will tell Council and
suggest that he meet with staff, review the Code or State Statutes.
He said he will answer any of Council's questions in writing as
soon as possible.
Mayor Hart recessed the meeting to 1:30 p.m. for lunch.
Mayor Hart called the meeting to order at 1:30 p.m. and all were
present.
COMMUNITY DEVELOPMENT
17. Colony West Associates ,sQppe,s of Tamarac) -- Eggoning_
-Petition #3-Z-85 - Temp. Ord. #1169 -- Discussion and possible
action on the recommendation of the City Attorney relating to
the rezoning of this property B-1 and B-2. Second Reading.
(tabled from previous meetings)
SYNOPSIS OF ACTIP:
DENIED this petition so that
it may be resubmitted without
prejudice based on the fact
that it was Tabled for a year
and a half.
Mr. Applegate read TPmp._Qrd,_ 41169 by title.
Mr. Applegate referred to his memo #86-7-23, and he suggested this
item be REMOVED from the TABLE for discussion and C/M Stein so
MOVED, SECONDED by C/W Massaro.
VOTE:
ALL VOTED AYE
Bob Jahn, Chief Building Official, said he sent Council a memo on
July 1 which noted that "3 parking spaces" were added and he
requested this be corrected to "6 parking spaces". He said the
plan dated 1985 showed "6" spaces and there are, in fact, 6 spaces
there.
Mr. Applegate said it is his recommendation that this matter not be
approved since this matter was tabled in March, 1985, one year and
a half from the hearing and advertisement. He said this would not
hold up in a Court of Law if a new property owner came in and
challenged the rezoning. He said the Ordinance requires that
Council take action within 60 days unless there is a written
extension of time. He said this should be resubmitted over again
to insure that all property owners receive ample notice and the
opportunity to be heard.
C/M Stein MOVED to DENY this petition and that it be resubmitted,
SECONDED by C/W Massaro. Mr. Applegate said there is no problem
with the Denial as long as it is based on the fact that this item
was Tabled for a year and a half and not on the merits of the
petition. He said in this way, this can be resubmitted without any
prejudice.
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7/9/86
/pm
C/M Stein amended his MOTION to add that this can be resubmitted
without prejudice. C/W Massaro, as the SECOND, agreed to the
amendment.
VOTE: ALL VOTED AYE
18. Jasmine - Woodmont Tract 68 - Discussion and possible action
on:
a) Revised site plan to upgrade landscaping, addition of
security gate and increased square footage - Te-mp-
Reso. 14211
b) Renewal of model sales permit and waiver of 300-foot
distance requirement for a 6 month period to expire on
January 10, 1987.
SYNOPSIS OF ACTION: RESOLUTION NO. R-86-257 PASSED.
APPROVED a) and b).
a) Mr. Applegate read Temp. Reso. #4211 by title.
C/W Massaro MOVED APPROVAL of Temp. Rgso._#4211, SECONDED by
C/M Gottesman.
Thelma Brown, City Planner, said staff requested this be heard by
Council in order to clarify exactly what the minor Site Plan
Adjustment Committee can,do. She said it was their opinion at
their meeting that they could only approve upgrading of the
landscaping and the security gates but not the increase of the
square footage of the building.
VOTE: ALL UTED_ AYE
b) C/M Gottesman MOVED APPROVAL of the renewal of the model sales
permit and waiver for a period of 6 months, SECONDED by
C/M Stein.
C/W Massaro asked if the appropriate signatures have been submitted
for the waiver of the distance requirement and the City Clerk said
yes.
VOTE.: ALL VOTED AYE
21. Sabal Palm Townhouses - Discussion and possible action on:
a) Acceptance of Bill of Sale Absolute for sewage collection
system - Temp. eso. #4207
b) Release of Performance Bond in the amount of $70,237.00
subject to receipt of a one year warranty bond in the
amount of $13,625.38 and an additional performance bond in
the amount of $21,236.94 for improvements made in Bailey
Road area - Temp. Reso. #4219
SYNOPSIS OF ACTION: RESOLUTION NO. R-86-258 PASSED.
APPROVED a) and b). RESOLUTION NO. R-86--259 PASSED.
a) Mr. Applegate read Temp. Reso. #4207 by title.
C/W Massaro MOVED APPROVAL of Temp. Reso. #4207, SECONDED by
C/M Stein.
VOTE•
ALL VOTED AYE
b) Mr. Applegate read Temp, Reso. #4219 by title.
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7/9/86
/pm
V/M Stelzer said Bob Foy, Deputy City Engineer, has recommended
release of the performance bond subject to receipt of the warranty
bond and an additional performance bond.
C/M Gottesman SECONDED the MOTION.
VOTE•
ALL VOTE_ D_ AYE
23, IloQdMont Tract 12-A - Revised Site Plan - Temp. Reso.
42 3 - Discussion and possible action to approve a revised
site plan to change the unit mix and relocate a dumpster.
SYNOPSIS OF_ACTION:
HELD for later in the
day (See Page 29).
Thelma Brown, City Planner, said staff comments noted that the
dumpster was a problem because the Code requires that dumpsters be
provided on site. She said staff was divided as to whether they
felt dumpsters were best for this location or whether can pickup
from the street should be approved.
Bob Jahn, Chief Building Official, said the situation regarding
dumpsters and individual pickups is not covered in the Code and
staff must recommend what to do in each case. He said the staff
was divided and that is why this is before Council.
C/M Stein asked what additional information the developer can give
Council and Mayor Hart suggested this item be held for the appear-
ance of the developer.
19. New Municipal Complex - Discussion and possible action on:
a) Landscape Plans
b) Floor Plans and elevations
c) Authorization to go to bid
d) Ratify trip of Vice Mayor Stein and Finance Director to
New York on July 7th to secure bond rating for General
Obligation Bonds
e) Authorize the City Manager, Finance Director and two (2)
Council members to attend the General Obligation Bond
Closing in New York in August, 1986
SYNOPSIS OF ACTION:
a) APPROVED as stipulated.
b) APPROVED.
c) Authorization was given to go
to bid and return to Council
for discussion at the
September meeting.
d) Ratification was given.
e) APPROVED.
a) Thelma Brown, City Planner, said the Landscape Plan before Council
today was reviewed for approximately 3 weeks to determine plant
material that would be as maintenance free as possible. She said
they had to consider that ground cover was desired rather than
grass in areas that could not be cut easily. She said they decided
on black olive trees and mahogany trees because of the concern with
blight during the winter months. She said the final conclusion of
the trees was that they wanted some canopy, beauty, color, sod,
ground cover and a buffer.
Ms. Brown said there are two lakes shown on the site plan and both
will be surrounded by trees and heavy landscaping. She said across
the front there could not be any heavy trees because there are
maintenance and utility easements in that area. She said it will
be bermed with hedges on top but will not be blocked with heavy
landscaping material.
19
7/9/86
/pm
Tape 4
Ms. Brown said staff recommends approval subject to the black olive
trees not being placed adjacent to any parking spaces and that
laurel oaks be substituted.
V/M Stelzer MOVED APPROVAL of the Landscape Plan as submitted,
SECONDED by C/M Stein.
C/M Gottesman said this drawing should not be presented at this
time because when the final site plan was passed at the last
meeting, it was his belief that the Fire Department had initialled
it. He said according to City Ordinances, all site.plans are
posted in City Hall and all Department Heads signed this except the
Fire Department. He said insofar as the Fire Department rejected
this, he felt it should not be approved.
Ms. Brown said site plan went through the review of staff and the
Fire Department was part of that review. She said during that
meeting the Fire Inspector expressed some concerns with the canopy
area for a fire truck going underneath. She said the architects,
Miller & Meier, had corrected those items which the Fire Department
had mentioned as being in violation of the Code.
Ms. Brown said they were still concerned, however, with the canopy.
She said there is a secondary route running in front of the City
Hall that would provide ingress and egress for emergency vehicles.
She said the entire staff was not completely concerned with the
Fire truck getting under the canopy because it was not a necessary
place for that to come in. She said the circulation around the
building and the landscaping adjacent to the building does not
obstruct the building from fire related emergencies.
C/M Gottesman said on 6/10/86 staff received a note from the Fire
Department with certain recommendations which were not done;
therefore, the Chief did not sign the site plan. He said he voted
approval of the site plan at the last Council meeting because he
was under the impression that the Fire Department would go along
with this.
Bob Jahn, Chief Building Official, said the memo referred to by
C/M Gottesman was dated 6/10/86 and he believed the plans contained
at least two or three of those items. He said the one remaining
conflict was the height of the canopy in front of the building. He
said he is not aware of any other specific reasons the Fire Chief
rejected the plan.
Mayor Hart said the site plan was approved at the last meeting and
the item on today's agenda concerned the Landscape Plan. He said
he felt the only way to discuss the site plan today would be to
reopen discussions on this subject by putting it on this agenda.
Mr. Applegate said that is correct and staff has noted that all
plans are in compliance with the Fire Department.
Ms. Brown said there were some recommendations on a Code called
NFPA101, which is the life safety Code, but this does not
necessarily constitute violations of the South Florida Building
Code.
C/M Gottesman said on the original site plan submitted by the
architects for the City Hall and Police Station there was a
statement of all the fire regulations and unless the drawing is
signed, there is no need to file anything else later on. He said
this did include this NFPA101 and smoke detectors to be provided
throughout the building.
20
7/9/86
/pm
Mayor Hart ruled that the Council has a site plan that has already
been approved and they are now acting on a Landscape Plan.
VOTE:
C/M Gottesman Nay
C/W Massaro Nay
C/M Stein Aye
V/M Stelzer Aye
Mayor Hart Aye
Mr. Jahn said the State Fire Marshall has adopted a Code called
"101"; however, the South Florida Building Code does not adopt this
and it is not mandatory. He said during site plan reviews, the
Fire Department has continually asked voluntarily if developers
will abide by Fire Code 101. He said consistently he has had to
overrule a demand that those things be done when they are appealed
because it is not a good Code. He said everything on the site plan
does comply with the South Florida Building Code.
b) C/M Stein MOVED APPROVAL of the floor plans and elevations,
SECONDED by V/M Stelzer.
C/M Stein said a Building Committee was appointed and the public
was invited to give input. He said those people present, including
C/M Gottesman, were allowed to comment. He said according to the
Fire Chief, the only reason he objected was because of a
technicality and he did not want to sign this based on the fact
that he is bound by his rules. He said Council decided that with
the staff recommendation and the removal of parking places to allow
fire apparatus to get next to the building, the canopy would be
kept. He said the only other solution would be to remove the
canopy and the committee did not feel that was a wise move.
C/M Gottesman said as a Professional Engineer, he is forced by Law
to demand that a seal be on the drawing and he noted that he has
not seen that on this drawing. Mayor Hart noted that C/M Gottesman
is required by Law if he is approving these drawings as a
Professional Engineer, not as a Council member.
Ms. Brown said the seal is on the original drawing with two copies
in the file. She said there is a Certified Landscape cost, which
at this time is not necessary but they wanted this information.
C/M Gottesman said it is a requirement that when the Planning
Commission accepts drawings from developers, they also seek and
demand that the seal of a registered Architect or Engineer should
be on those drawings.
C/M Gottesman said he has a list of several concerns:
1. A spiral stairway to a second floor, which is a projection
booth, with stairs approximately 4 feet in diameter. He said
the room to which this staircase goes is supposed to be for
storage and he questioned how this stairway can be adequate.
He said he has suggested two alternates that have not been
accepted; first, a small elevator or, second, a stairway on
the outside. He said it is not costly to do either of these.
2. There is a Committee Room planned opposite the Council offices
and there is no doorway for entrance.
3. He questioned why there is a waiting room planned outside the
computer room and Jordan Miller of Miller & Meier Architects,
said that is the area that people come when they want a
computer printout. He said there is one counter to the
printing room and one counter to the public and this is not a
sitting room.
21
7/9/86
/pm
4. There is no room to put chairs or sofas in the lobby area for
waiting.
5. In the Reception and Legislative Aide areas near the Council
office, there are presently 15 files and he thought these
should be hidden from view. He suggested the files be kept in
a fire proofed wall for safety purposes.
6. There is only one janitorial closet for the entire floor,
which is approximately 20,000 square feet. He said he thinks
there should be another closet for maintenance purposes. He
noted that there will be glass walls from ceiling to floor,
tile floors, atriums, sprinklers and planters and these all
require more maintenance.
7. The Council Chambers are large enough to allow a lounge and
toilet area. He said he has a sketch that would take the
toilet shown on the drawing and move it on the inside of the
room to allow the room alongside the building the opportunity
to have a standard stairway instead of the spiral stairway.
8. The outside entranceway to the Chambers is a rather large
foyer and he suggested that wall be extended approximately two
feet towards the Chambers and then walled in to be used as a
closet for maintenance.
9. There is no space provided on the drawing for an Assistant
City Manager.
10. The payment office should be located where permits are issued
to avoid having extra traffic through the building.
11. A cooling tower is shown on the drawing but an emergency power
facility is not shown. This should be outside on a concrete
base approximately 18 inches high for water. He questioned
where the emergency equipment is located.
12. There is no provision on drawing for a fire alarm signal box.
He proposed these boxes should be installed and connected to
the fire station.
13. Smoke detectors are not indicated and he questioned why. He
suggested this be reviewed.
14. Additional exits should be considered with push doors for easy
opening.
15. He questioned whether it would be possible to open the windows
and Mr. Miller said no. C/M Gottesman said the problem of
smoke during a fire should be considered because people would
have to go approximately 100 feet to reach either stairway.
16. The drawing should adopt the NFPA requirements.
Mr. Jahn said it is not up to the City to adopt 101 or not to. He
said the South Florida Building Code precludes an individual
municipality from changing anything within the body of that Code.
He said he has had each Department Head review this drawing and
most of those suggestions have been taken care of. He said he has
had extensive conversations with Miller & Meier regarding smoke
detectors and an automatic fire alarm system, which will be wired
into the Fire Department. He said they have also discussed an
adequate emergency power backup system and this will be provided
but was not shown on the preliminary plan.
Mr. Miller said regarding the issue of the spiral staircase, they
have set up an area so that a camera could be used on the second
floor of the lounge for projection into the Council Chambers.
22
7/9/86
/pm
Mr. Miller said they were seeking an easy, inexpensive way to use
those stairs. He said this is really not set aside for storage but
there was some extra room so it could be used for storage if
necessary.
Mr. Miller said he would rather not put a stairway on the outside
of the building because he felt the facade was a major concern. He
said an elevator would be too expensive.
C/M Stein said he knows from experience that large containers can
be carried up and down spiral staircases. He said this is only for
the projectionist and not for the public and there will only be
minimal storage there, if any. He said this is not a problem and a
larger staircase should not be necessary. Mr. Miller said this is
not a problem and a straight staircase can be installed.
Mr. Miller said they will install a door in the Committee Room if
one is desired. Mayor Hart said he cannot see a necessity for that
because Council does not intrude on Committee meetings. He said if
the Council has any meetings there are two doors further down in an
area marked as "Pre Agenda Room" which has an entrance from the
Council offices.
Mr. Miller said chairs can be put into the lobby area. He said
they had a layout showing desks, files, etc., and they will do this
again to make sure they are part of the plan.
Mr. Miller said he owns office buildings and has built many and to
have one janitor closet to serve 20,000 square feet of office space
is very normal. He said the janitors usually have carts and a
series of closets would not be necessary.
C/M Gottesman said on the -elevation drawing, which accompanies this
set of drawings, the height of the building should be given. He
said the Code requires a height of 40 feet and he noted that one
sub -height shows 39 feet 11 inches but does not show the peak of
the roof, which would be far over that. Mr. Miller said it was 42
feet. Ms. Brown said 42 feet was the maximum height but the sub -
height was 38 feet.
Mr. Miller said the Assistant City Manager's office will be worked
into the final plan.
Mr. Miller said the traffic situation to the second floor will be
handled, as in all office buildings, with elevators and stairs. He
said there should be no problem with builders, etc., paying fees on
the second floor of the building.
Mr. Miller said regarding the cooling tower, etc., the building's
mechanical systems are dictated by Code, they are included and were
part of the working drawing and will be part of the finished
drawing. He said there is a smoke evacuation system built into the
mechanical system.
C/M Stein said these are preliminary plans and elevations, not
mechanical or electrical. He said these will be shown on the final
plans with the telephone, electrical and fire alarm systems.
V/M Stelzer asked Mr. Miller if there is a door to the Social
Service Room and Mr. Miller said yes. He said it is not shown on
the plan but it will be shown.
C/W Massaro asked if the 8 million dollars that was approved on a
previous referendum was broken down as to how much for each
building and the City Clerk said it was just stated, "not to exceed
8 million dollars". C/W Massaro said they are talking about a 6
million dollar bond for the City Hall; therefore, only 2 million
dollars is being left for the Police Station. r
J
23
7/9/86
/pm
Tape 5
Maxwell Ingram, resident, asked if the Fire Department should not
sign off and approve the City Hall plan indicating construction
compliance with the applicable National Fire Protection Code 101
and Code 251. He said he feels the City Hall will be unsafe if
this is not done. Mr. Jahn said the Building Code has to be
complied with and this has been done.
VOTE•
C/M Gottesman Nay
C/W Massaro Nay
C/M Stein Aye
V/M Stelzer Aye
Mayor Hart Aye
c) C/M Stein MOVED to authorize Miller & Meier to go to bid as
proposed and return to Council with the bids at the September
Council meeting. SECONDED by V/M Stelzer.
C/W Massaro said there were comments made that this plan does not
show the electrical, fire safety, etc., and she questioned how
this can be put out for bid. C/M Stein said Council will receive
the plans and bids back in September.
V TE:
C/M Gottesman Nay
C/W Massaro Nay
C/M Stein Aye
V/M Stelzer Aye
Mayor Hart Aye
d) V/M Stelzer MOVED to ratify the trip of Vice Mayor Stein and the
Finance Director to New York on July 7 to secure bond rating for
the General Obligation Bonds, SECONDED by C/M Stein.
VOTE:
C/M Gottesman Aye
C/W Massaro Nay
C/M Stein Aye
V/M Stelzer Aye
Mayor Hart Aye
e) C/M Stein said the authorization is needed because of the time
lapse. He said it is possible that they might close this in Miami
but the authorization is needed just in case this is not possible.
He MOVED to authorize the City Manager, Finance Director and two
Council members to attend the General Obligation Bond Closing in
New York in August, 1986. SECONDED by V/M Stelzer.
City Manager Kelly asked if it would be acceptable to have the
City Manager and Finance Director's designees attend this meeting
and C/M Stein said yes. Mr. Kelly asked that this be stipulated
in the MOTION and C/M Stein amended his MOTION to include
authorization for the City Manager and Finance Director "or their
designees" attend this meeting.
C/W Massaro asked the purpose of this trip and C/M Stein said to
sign the necessary papers to float the bond issue. He said the
City has a 6 million dollar bond issue which the City has author-
ized Rothschild to proceed with and, when this is done, Rothschild
will attend the 7/23/86 Council meeting and make an offer for the
bonds. He said if Council approves the offer for the bonds, then
7 days later the bonds will be sold. He said that is when the
papers must be signed.
1
1
1
24
7/9/86
/pm
C/M Gottesman said at this moment Council does not know what the
cost is and he questioned how the residents will feel if the taxes
are increased. C/M Stein said the taxpayers passed this and, if
there is any amount left over, it can be put toward the Police
Station after the November referendum. He said if the bonds are
not floated now, that cannot be done. He said all of this has
already been authorized.
C/W Massaro said her argument has not been about monies that might
be left over from the amount of 6 million dollars, but the fact
that this began with the need for a new Police Department fac-
ility. She said it was later determined that a new City Hall was
needed and should be built at the same time. She said the 8
million dollars was approved through a referendum for both fac--
ilites. She said there is now up to 6 million dollars for this
and there is only 2 million dollars left which will not be ample
to build a Police Facility if the City does not go BSO.
C/M Gottesman said when this referendum was made two years ago,
the City's budget was about 9 million dollars and the current
budget will be in the area of 13 million dollars. He said this
will mean a large increase in taxes and he felt the Council was
acting prematurely on spending this money.
DTE :
C/M Gottesman Nay
C/W Massaro Nay
C/M Stein Aye
V/M Stelzer Aye
Mayor Hart Aye
PUBLIC HEARINGS
9. ,Station - Petition #5-Z-86 - Temp.
Reso. 44218 - Discussion and possible action on a request for
special exception to permit a gas station on Lot 10, Block 10
of Lyons Commercial Subdivision.#2.
(located on the northeast corner of Commercial Boulevard and
NW 94 Avenue)
SYNQRSIS QFACTION:
APPROVED as stipulated.
RESOLUTION NO. R-86-260 PASSED.
Mr. Applegate read Temp. Reso. #4218 by title.
Mayor Hart opened the public hearing. Lawrence Kramer, represent-
ing the applicant, said this piece of property is zoned B-2 and
requires a Special Exception for the use of gas. He said they
have developed a design concept on this project which is inte-
grated with the adjacent five properties starting at Lots 5, 6, 7,
8 and 9. He said there are different owners of these properties
but they are coming in as a composite design concept.
Mr. Kramer said the person developing this property will be
developing just Lot 10 and he is requesting gas on this property.
He said he will develop a structure with gas and parking, ingress
and egress to the adjacent properties, which he is also designing.
He said all of these properties will have the same exterior
design, configuration and landscaping details. He said hopefully
the entire block will have a unified look and concept.
C/M Stein asked if the entire concept runs from corner to corner
and Mr. Kramer said they presently have Lots 5, 6., 7, 8, 9 and 10;
and, hopefully, by the end of today, they will also have 3 and 4
to design. He said Lots 1 and 2 total 300 feet and they do not
own either of those. He said these are all 100 foot lots so there
are 930 lineal feet on Commercial Blvd. under one design concept.
25
7/9/86
/pm
Mr. Kramer said as part of that concept the corner will have gas
at this location. He said all the owners are very pleased that
this integration of concept will exist. He said the entire
complex consists of retail and office structures of approximately
45,000 square feet.
C/W Massaro asked what the space in the corner is supposed to be
and Mr. Kramer said that will be a small retail structure for
stores and shops. C/W Massaro said that is not what she was told.
Thelma Brown, City Planner, said today's Petition is specifically
for special exception for the gasoline filling station. She said
Mr. Kramer still must come in with the site plan for approval on
the uses he proposes on the center. She said staff noted a few
weeks ago that a restaurant was proposed for this area and that
would need a special exception separate from this petition.
Ms. Brown said the store adjacent to the filling station would be
an accessory use to the filling station; however, the only thing
before Council today is approval for the filling station special
exeption. She said the buildings in there will be before Council
under a site plan approval.
C/W Massaro said she objects to that building being shown on that
plan.
C/M Stein asked the City Attorney if a precedent is being set
because Mr. Kramer has already shown Council those buildings with
a stated use. Mr. Applegate said no, the only issue before
Council is a special exception for a gas station.
C/W Massaro said she went to look at the site and had trouble
finding the sign which was behind some bushes. She questioned the
legality of this public hearing since she felt people in that area
are not aware of this. She said she thought the Law stated that
the sign must be seen from the road.
Mr. Applegate said Council can rely on staff who stated that this
was properly noticed and posted.
Ms. Brown said the City requires that the developer post the sign
in a visual location and submit an affidavit of posting. She said
two weeks ago when this was submitted she reviewed the area and it
was visible. She said she cannot make a statement for anything
that might have happened after that. Mr. Kramer said they have
not relocated the sign and it is visible.
Vickie Beech, resident, asked if there will be car washes, food
stores, etc., at this location and Mr. Kramer said no.
Melanie Reynolds, resident, asked if this was a special exception
because of the size of the lot or the zoning and C/W Massaro said
it is required by zoning. Ms. Brown said this is a 1.57 acre lot
and the Code requires a 1 acre lot. She said under the zoning
classification it presently holds, it requires any use for filling
station to be approved by special exception.
Mayor Hart closed the public hearing with no further response.
C/W Massaro said if those buildings are eliminated that are shown
on the plan, this is a self-service and they intend to use the one
building for payment of the gas. She said this is incomplete and,
in the past when a gas station has been approved, it has been
customary for someone to negotiate the various things the City
needs to consider beyond the Code. She said Council has also
required that the petitioner have voluntary contributions or
"infra -structures".
H
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C/W Massaro said the gas station on the corner of 88 Avenue and
Commercial Blvd. was done beautifully with proper landscaping
required at the time they were given permission to have a special
exception. She said they had to beautify the landscaping beyond
the requirements of Code with another Council approval before a
site plan. She said because of the traffic impact that every
service station has on a City, a voluntary donation should have
been.negotiated with them.
C/W Massaro said this is a very busy corner and this should be
considered very carefully. She said she feels proper considera-
tion -has not been given to this. C/M Gottesman asked if there was
not a proposal to build a gasoline station on Commercial Blvd.
closer to the Sawgrass Expressway exit and V/M Stelzer said yes,
but they will be one mile apart.
C/M Stein said he would want a conditional variance here subject
to the Council approving the landscaping. Ms. Brown said Mr.
Kramer was informed that just because the land use on this provid-
ed for him to have a special exception, it would have to meet all
Code requirements of the City in addition to the road impact fee.
She said Mr. Kramer was advised that the Traffic Signalization
Ordinance has been dropped and cannot be considered.
Ms. Brown said the infra -structure impact fee might be something
to be considered at a later date. C/W Massaro said she feels
everything should be considered before this is approved. Mr.
Kramer said in advocating a gas station in the entire complex, it
becomes very important to the adjacent property owners that this
design be in keeping with the remainder of the street. He said
those properties they have designed have been done with landscap-
ing far in excess of what the City Code required.
Mr. Kramer said they have proposed Royal Palms lining the entire
street and, when this was discussed before the Planning Com-
mission, they also discussed the scope of the landscaping. He
said they did not do any further design until they get the special
exception required. He said any reasonable landscaping will be
applied and any structure developed will be totally in keeping
with the adjacent buildings.
V/M Stelzer MOVED to APPROVE this special exception subject to the
landscaping be approved by the Planning Commission and the Coun-
cil, SECONDED by C/M Stein.
C/W Massaro said she feels the Motion is wrong. She said this is
the worse plan that can be approved yet it was submitted.
Ms. Brown said this is the use of the property, not the location
of the gasoline tanks or any of the buildings. She said this is
specifically so that Mr. Kramer can proceed and plan for the type
of use this special exception would allow.
C/W Massaro said if special conditions are desired, now is the
time to get them, otherwise requiements can only be per Code.
Mayor Hart said there is a conceptual site plan that has gone
through staff review which shows 18 requests and nothing can be
approved until these items have been approved by the Planning
Commission. C/W Massaro said if it is not included in the Motion
that they cannot come back without complying with the requirements
of the Planning Commission, they do not have to. She said the
Planning Commission is advisory to Council and cannot require the
developer to do anything..
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V/M Stelzer AMENDED his MOTION to approve the request for special
exception subject to the comments of the staff dated 5/20/86 and
with the further provision that all landscaping must be fully
approved by the Planning Commission and the Council.
C/W Massaro said the provisions stated in that memo are not any
good since they are not special conditions.
Mr. Applegate said under the Code this special exception can be
approved with the conditions as provided by the Planning
Commission. He said he feels that this would still be a condition
even if not so stated in the Motion. He said a reasonable condi-
tion can be attached as long as it is enforceable. He said
Section 28-201 of the Code states, "Permits issued under a special
exception approval may be revoked by the Chief Building Inspector
for failure to comply with conditions of approval or applicable
regulations."
C/M Stein said this has been discussed before and, at the Planning
Commission public hearing, no one came to object.
VOTE:
C/M Gottesman Nay
C/W Massaro Nay
C/M Stein Aye
V/M Stelzer Aye
Mayor Hart Aye
10. Sabal Palm Golf Club. Inc. - Petition 7- -8 - Temp.
Ord. 11275 - Discussion and possible action on a request to
rezone a portion of this property from R4A to S-1 located on
the northeast corner of Commercial Boulevard and Rock Island
Road for the recreation parcel of the Oxford Development
project. First Reading. 0
SYNOPSIS OF ACTION:
APPROVED on first reading.
Public hearing was held.
Mr. Applegate read Temp. _Qrd, #1275 by title.
(C/M Gottesman left the meeting at 3:25 p.m.)
Tape 6
V/M Stelzer said this petition is to rezone a small piece of the
Spring House development which will be used for their recreational
facilities. He said it must go through the Sabal Palm Golf Club,
Inc. because they had the original zoning on it.
V/M Stelzer MOVED APPROVAL of Temp. Ord. #1275 on first reading,
SECONDED by C/M Stein.
Mayor Hart opened and closed the public hearing with no response.
C/W Massaro said there is no location sketch and she questioned if
other Council members have it. She said the description on the
agenda is incorrect. Ms. Brown said in her official records
submitted by the developer when they requested this property be
rezoned to S-1, he attached a legal description, which reads,
"A portion of Tract 13... commencing at the southwest corner of
said Section 12." She said it gives the description going into
the property so the first measurement they had to take was from
the corner. She said the location sketch should have been in the
Council packets.
C/W Massaro asked if part of this is under the high tension lines
and Ms. Brown said no, staff did not want to compound a non -
conventional use under those transmission lines because of the
electro magnetic field.
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Ms. Brown said the only area is a small section described here and
on the map, which would only be in the files of the City Planner.
C/W Massaro asked what.they are rezoning and Ms. Brown said it is
just the section where the recreation building and the tennis
courts will be and it is not under the transmission lines. She
said this was done at staff's recommendation.
V/M Stelzer said this is part of the driving range and where the
sheds for the machinery are located.
VOTE:
C/M Gottesman Absent
C/W Massaro Aye
C/M Stein Aye
V/M Stelzer Aye
Mayor Hart Aye
23. Woodmont Traact 72-A - Revised Site Plan -- Tgpp-,
Rg.sQ. WD - Discussion and possible action to approve a
revised site plan to change the unit mix and relocate a
dumpster.
SYNOPSIS OF ACTION: RESOLUTION NO. R-86-261 PASSED.
APPROVED as conditioned. (See Page 19).
Mr. Applegate read Temp._Resa. #4213 by title.
V/M Stelzer said they were originally going to install dumpsters
and the developer does not want the dumpsters and the City Code
does not require dumpsters. Ms. Brown said the developer is
adding additional parking and he would like to remove the dump-
sters and have can pickup.
Dan Oyler, representing the owners, CTB Limited, said they had a
mix of two and three bedroom units in this project and they have
sold all of the three bedroom units. He said they are today
requesting permission to change the unit mix to 11 two bedrooms
and 38 three bedroom units. He said this necessitates an addition
of 5 parking spaces which is shown on the plan and was approved by
the Planning Commission.
Mr. Oyler said the people purchasing the 49 units have expressed a
concern regarding the dumpsters. He said staff was divided and
the Planning Commission approved this with certain conditions:
1. That all the cans or bags will be kept in the garages of the
units and not be visible.
2. There are 4 units that do not have garages and they have
agreed to build small wooden fences either in the back of the
patios or on the side of the units for the cans.
3. The cans cannot be placed on the street until the morning of
the pickup.
Mr. Oyler said all these conditions are being placed into the
homeowners documents to be enforced by the Homeowners Association.
He said there is another townhouse project within the City called
Waterford which does not have dumpsters. He said the Finance
Department's only condition was that the developer pay to the City
for the single unit pickup the same rate that a single family home
does. He said they have no objection to that.
C/M Stein asked the name of this project and Mr. Oyler said it is
called "Waldon Pond". C/W Massaro said she sees no problem with
removing the dumpsters but she has reservations about the resi-
dents keeping the cans or bags in their garages. She said there
is sometimes not enough room for this.
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C/W Massaro said at one time anyone having can pickup of trash had
to have a concrete barrier on two sides with landscaping. She
said she feels a requirement like that should be made if they
cannot keep the trash in their garages. C/M Stein said the
Woodmont Property Owners Association would not accept that since
cans are not allowed outside with any type of shield.
V/M Stelzer said there are 22 planned communities in Tamarac and
the only ones with dumpsters are the condominiums. Mr. Oyler said
upon Council's approval the homeowner documents would have to be
revised. He said the Planning Commission had a concern about some
people having green plastic or silver metal cans or using bags and
a decision will have to be made requiring people to have the same
type of cans.
V/M Stelzer asked Mr. Oyler if the footprints of the units would
be changed by changing them to three bedrooms and Mr. Oyler said
no. He said any unit design would fit within the existing unit.
C/M Stein MOVED APPROVAL of Temp. Reso. #4213 with the condition
that the documents be amended with no trash cans exposed, other
than on the day of pickup and the homeowners are to be notified.
SECONDED by V/M Stelzer.
VOTE:
C/M Gottesman Absent
C/W Massaro Aye
C/M Stein Aye
V/M Stelzer Aye
Mayor Hart Aye
24. Midway Plaza - Revised Site Plan - Temp. Reso. #4214-
Discussion and possible action to approve a revised site plan
to change the dimension of Building A, revise dumpster at
Building D, revise a well location, adjust a parking island
and landscaping.
SYNOPSIS OF ACTION: (See Page 13).
Further discussion on this item.
Sol Wish, resident of Edgewater Village, said he was told this
would not be discussed until this afternoon. He said asked what
happened on this item and C/W Massaro said in order to make the
correction for the 5 additional feet they needed, they made the
building 5 feet smaller.
C/M Stein suggested Mr. Wish meet with the City Planner to deter-
mine exactly what changes were made.
Mayor Hart adjourned the meeting at 3:45 p.m.
r
Berhar Hart
MAYOR
TTEST:
Marilyn ertholf
CITY CLERK
CITY OF `1'AMARAC
APPROVED AT MEETING OF lb
City berk
This public document was promulgated at a cost of $344.21
or $9.56 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.
7/9/86
/pm