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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 PAGE 1 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 k7 1 41 PAGE 2 7/9/86 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. PAGE 3 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) y �l PAGE 4 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. PAGE 5 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. 1 Gi PAGE 6 7/9/86 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 /� PAGE 7 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 1 7/9/86 /pm 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 2 7/9/86 /pm LJ 1 1 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 3 7/9/86 /pm 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 V I 4 7/9/86 /pm 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. 5 7/9/86 /pm 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/ 1 n 6 7/9/86 /pm I 1 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. 7 7/9/86 /pm 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 1 1 8 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. 9 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. [-I 1 10 7/9/86 /pm 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. 11 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. 11 J 12 7/9/86 /pm 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. 14 7/9/86 /pm I 11 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. 17 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. 18 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 1 26 7/9/86 /pm 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.. 27 7/9/86 /pm 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. 28 7/9/86 /pm 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. 29 7/9/86 /pm 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