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HomeMy WebLinkAbout1985-07-10 - City Commission Regular Meeting Minutesu � P.O. BOX 25010 TAMARAC, FLORIDA 33320 FIRST CLASS MAIL CITY OF TAMARAC CITY COUNCIL REGULAR COUNCIL_ MEETING WEDNESDAY, JULY 10, 1985 CALL TO ORDER: 9:00 A.M. ANNOUNCEMENTS OF TIME ALLOCATIONS - MOTIONS TO TABLE - The Chair at this time will announce those items which have been given a specific time to be heard, and will entertain motions from Council members to table those items which require research. Council may agendize by majority consent matters of an urgent nature which have come to Council's attention after publication. BOARDS AND COMMITTEES 1. Board of Adjustment - Temp. Reso. #3688 - Discussion and possible action to appoint one 1 regular and two (2) alternate members. 2. Board of Social Services - Temp. Reso. #3687 - Discussion and possible action to appoint one 1 member. 3. Public Information Committee - Discussion and possible action on: a) Approval to solicit advertising for the Tam -A -Gram and Tamarac Yearbook (tabled from 5/22/85) b) Appointment of three (3) members by Temp. Reso. #3685 4. Insurance Advisory Committee - Temp. Reso. #3686 - Dis- cussion and possible action concerning appointment of two (2) members. 5. Board of Consumer Affairs - Discussion and possible action on: a) Acceptance -of resignation o-f Lawrence Gould. b) Announcement of one vacancy on this committee 6. Beautification Committee - Temp. Reso. #3690 - Discussion and possible action to appoint William Sutter (presently a regular member) as an alternate member and Nicholas Camerano (presently an alternate member) as a regular member. 11* Investment Advisory Committee - Status Report - Discussion and possible action. 7/10/85 pg. 2 APPROVED 7/10/85 pgs. 2 & 3 APPROVED 7/10/85 pgs.3 8 4 a) APPROVED b) APPOINTMENTS made 7/10/85 pg.4 APPOINTMENT made 7/10/85 pg.4 a) ACCEPTED b) ANNOUNCEMENT 7/10/85 pgs. 4 &5 APPOINTMENTS made 7/10/85 pgs.2, 7-9 a) Report giver b) APPROVED PAGE TWO 7/10/85 CONSENT AGENDA 8. Items listed under Item #8, Consent Agenda, are viewed to be routine and the recommendation will be enacted by one motion in the form listed below. If discussion is desired, then the item(s) will be removed from the Consent Agenda and will be considered separately. a) Minutes of 6/12/85 - Special Meeting - Approval re- commended by City Clerk. b) Alan F. Ruf - Consulting City Attorney - 7/2/85 - $1,539.00 - Approval recommended by City Attorney. c) Richard S. Rubin - Consultant City Planner - 7/3/85 - $3,626.25 - Approval recommended by Chief Building Official and City Manager. d) Robert B. Dunckel of Adler, Tolar & Adler - Counsel for Charter Board - Services for 5/l/85 through 5/31/85 - $632.05 - Approval recommended by Charter Board. e) Muller, Mintz, Kornreich, Caldwell, Casey, Crosland and Bramnick, P.A. - Labor Counsel - 5/3/85 and 6/4/85 invoices - $2,981.10 - Approval recommended by City Attorney (tabled from 6/26/85). f) Excavation and stockpiling of lime sludge - Approval to contract with Lynn Ro, Inc., for the third year at a price of $14,500.00 for this work in accordance with the terms of Bid 83-10 as awarded by Resolution 83-153. UTILITIES WEST 9. Bid Award - Utilities West - (Project 84-14)- Temp. Reso. #3691 - Discussion and possible action to award a bid for installation of Wells 12 and 13. 10. Northwest Force Main (Project 84-6) - Discussion and possible action to approve an agreement with Williams, Hatfield & Stoner for additional services to revise the City's grant application in accordance with an amendment to the 201 Facility Plan. 11. Utilities Wastewater Treatment Plant Odor Abatement Proaram (Project 84-8) - Discussion and possible action to waive bidding requirements and allow staff to negotiate with vendors and authorize contracting with the low cost vendor in an amount not to exceed $80,000.00 to comply with the County's odor regulations. GENERAL ADMINISTRATIVE/FINANCIAL 12. Public Works Department - Discussion and possible action to confirm the City Manager's appointment of Michael Couzzo as Public Works Director (tabled from 6/26/85). 13. Oasis Lounge at 3 Lakes Plaza - Discussion and possible actior to approve a special permit for extended hours for on -premise! consumption of alcoholic beverages pursuant to Ordinance 85-38. 17/10/85 pgs.5 7 h) APPRMW Ilhl APPQOXIWT1 c) TABLED to 7/24/85; �(l) APPROVED e) TABLED f) APPROVED AS AMENDED 7/10/85 pgs. 9 & 10 APPROVED 7/10/85 pgs. 10 & 25 APPROVED 7/10/85 pgs. 10-12 APPROVEDI AS AMENDED 7/10/85 pg. 21 TABLED to 7/24/85 mt ib 7 10 85 pg 20 APPROVED AS AMENDED PAGE 7/1 14, Tamarac Park Satelliteuilding B- Status Report - Dis- cussion and possible action on the construction contract. 15. Tamarac Veterans Park (Cy ress Creek Commons) - Discussion and possible action to direct the City Planner and Vice Mayor Massaro to develop a cost efficient beautification plan for shading the picnic area and to report to the Council prior to implementation. 16. Trip to New York on 2/28/85 by Elly F. Johnson, City Manager and Ste hen Wood, former Finance Director - Discussion and possible action and status rep--art--on equest by the Charter Board for the following information: a) What was the purpose of the trip. b) Was the trip authorized. c) By whom and the date authorized. d) Was a report given to the City Council. 17. Traffic Engineering Study - Agreement with Kimley-Horn & Associates - Discussion and possible action to approve: a Addendum No. 1 to agreement to provide for submission of monthly invoices to the City Planner b) Payment of Invoice No. 1 in the amount of $2,498.55 c) Payment of Invoice No. 2 in the amount of $288.87 18. Independent Auditor for FY 1984/85 - Discussion and possible action concerning engagement of an auditor (tabled from 6/26/85). 19. Municipal Complex - General Obligation Bonds - Discussion and possible action on: a) Authorization for Touche Ross & Co. to assist in the cash flow analysis. b) Authorization for Touche Ross & Co. to provide comfort letters at the time of the offering and closing of G.0 Bonds. c) Authorization to proceed with these bonds (tabled from 6/26/85) 20. Municipal Complex - Discussion and possible action on: aT Payment of Miller & Meier Invoice F1307 in the amount of $35,191.66. b) Establishment of a Preconstruction Review Committee (tabled from 6/26/85) c) Status of appointing a Construction Manager 21. y Community Development - Dis- cussion aunt Committee for Com cussion and possible action to select a City representative to the annual election meeting of this committee. 22. Broward League of Cities Business - Discussion and possible action. 23. Northwest Council of_Mayors Business - Discussion and pos- sible action. THREE 0/85 7/10/85 pgs. 21 18-20, 24 & 25 a) TABLED b) APPROVED 7/10/85 pg.24 AUTHORIZED V/M Massaro & City Planner to develoo plan ,7/10/85 pgs. 21 - 24 TABLED 7/10/85 pgs. 1 25 & 26 a) APPROVED AS AMENDED b) & c) AP- PROVED: d) AUTHORIZED to negotiate i/lu/OD pgs. 12-14 APPROVED AS AMENDED 7/10/85 pgs.15 thru 18 a) APPROVED b) & c) AP- PROVED w/con- ditions 7/10/85 pgs. 14 & 15 TABLED to workshop mtR - 7/16/85 7/10/85 pg 21 APPOINTED V/M Massaro as liasion 7/10/85 pg.27 Mayor Kravitz lave re Dort 7/10/85 pg.27 Mayor Kravitz gave report PAGE FOUR 7/10/85 PUBLIC HEARINGS - 2:00 P.M. -- P - Storage, - possible �ac #13-Z-85 - 4. Co ans Self Stora e Inc. Rezoning Petition Temp. Ord. #1207 Discussion and action to rezone lands on the west side of NW 79 Avenue, approximately 225- feet north of NW 57 Street, and extending northwardly for approximately 360-feet, from B-2 (Planned Business) to B-3 (General Business). First Reading. a) Acceptance of Affidavit of Publication, Affidavit of Mailing and Affidavit of Posting. b) Consideration of application. 25. Blue Dolphin Restaurant - Jack Rosenfeld - Special Exception Petition #14-Z-85 - Temp. Reso. #3692 - Discussion and pos- sible action to grant a Special Exception to allow this restaurant to expand into the next door bay at 8114 Univer- sity Drive for additional seating capacity. 26. Sunset Isle Maintenance Association 13, Inc. - Rezoning Petition #15-Z-85 - Temp. Ord. #1208 - Discussion and pos- sible action to rezone the lands adjoining the Recreation Area of Mainlands 13 on the north side of NW 59 Court, and being bound on the east by NW 84 Terrace and on the west by NW 85 Terrace, from R-1 (Single Family Residential) to S-1 (Open Space/Recreational). First Reading. a) Acceptance of Affidavit of Publication, Affidavit of Mailing and Affidavit of Posting. b) Consideration of application. LEGAL AFFAIRS 27. City Prosecutor - Temp_. Reso. #3694 - R ort_ by City Attorney - Discussion and possible action to appoint a City Prosecutor. 28. False Burglar Alarms - Temp. Reso. #3695 - Discussion and possible action to excuse and waive prosecution of twenty- four false alarms reported on June 27, 1985, because of malfunctioning equipment cause by a storm. 29. Broward county Occupational License Fees - Discussion and possible action on a proposal-_ by Broward County to increase these County -fees. COMMUNITY DEVELOPMENT 30. Colony West Associates - Rezonin Petition #3-Z-85 - Temp. Ord. #1169 - Discussion and possible action to rezone the Shops of Tamarac Shopping Center (Platted as Colony West Shopping Center)(less the lands and buildings owned by Broward County for a Library) from B-1 (Neighborhood Bus- iness) to B-2 (Planned Business). Second Reading. (Public hearing held 3/13/85). 31. Island Club Apartments - Discussion and possible action on: a Revised site plan - Temp. Reso. #3696 b) Temporarily waiving the platting requirements in Chapter 20 of the Code in order to construct a temporary fence around the construction compound - Temp. Reso- #3583 (tabled from 6/12/85). 7/10/85 pgs. 28 - 34 DENIEE on First Rdg. P. H. held �l 7/10/85 pgs. 34 &35 APPROVE' P.f-1, held 7/10/85 pgs. 35-36 a) APPROVED b) APPROVED on First Reading P.1i. held 7/10/85 P 46 & 47 APPROVED 7/10/85 pg.47 F3220j" 7/10/85 pg.47 RECEIVED as information 7/10/85 pg.36 TABLED 7/10/85 pg 36 - 38 a) APPROV AS AMENDED b) APPROVED PAGE FIVE 7/10/85 32. Lawrence Property Group,Inc., Office Buildin - Discussion and possible action on: a) Stipulation #23 - Temp. Reso. #3699 b) Site Plan - Temp. Reso. #3700 c) Landscape Plan " d) Water and Sewer Developers Agreement e) Water Retention Agreement f) Right -of -Way Deed for 2-feet along McNab Road - Temp. Reso. #3701 g) Utility Easement for fire hydrant - Temp. Reso. #3702 (to be located on the north side of McNab Road, east of NW 84 Terrace). 33. Woodmont Tract 72-A - Discussion and possible action on: a Stipulation #25 - Temp. Reso. #3703 b) Request for waiver of seawalls c) Site Plan - Temp. Reso. #3704 d) Water and Sewer Developers Agreement e) Blanket Ingress/Egress Easement - Temp. Reso. #3705 f) Blanket Water and Sewer Utility Easement - Temp. Reso. # 3 7 0 6 . (to be located on NW 70 Street, west of NW 80 Avenue) 34. Mobil Service Station (west side of 441 at Commercial Boulevard) - Discussion and possible action on a request to waive the platting requirements in Chapter 20 of the Code in order to install a kiosk and for upgrading of the station. 35. Tract 24 - Temp. Reso. #3681 - Discussion and possible action to temporarily waive the platting requirements in Chapter 20 of the Code in order to construct public improve- ments (tabled from 6/26/85). 6. Program Underwriters Building - Performance Bond - Temp. Reso. #3698 - Discussion and possible action regarding dis- position of a performance bond. 37. Green Thumb Lawn & Garden Center - Sign Waiver - Temp. Reso. #3697 - Discussion and possible action to renew a waiver of the sign ordinance for a temporary sign on property other than their own. 38. Woodmont Tract 74/75 - Model Sales Facility - Discussion and possible action on: a) Renewal of a model sales permit for Site Plans 1 and 3 b) Renewal of a model sales permit and waiver of the 300- foot distance requirement for certificates of occupancy for Site Plan 2. 39. Northwood II - Model Sales Facility -- Discussion and pos- sible action to renew a model sales permit and waiver of the 300-foot distance requirement for certificates of occupancy. 40. Tamarac Gardens - Discussion and possible action on: a Renewal of a model sales permit b) Renewal of a second model sales permit for a one -bedroom model and waiver of the 300-foot distance requirement for certificates of occupancy. 7/10/85 pgs. 38 - 40 a) APPROVED b) APPROVED AMENDED c) APPROVED d) APPROVED AMENDED e) APPROVED f) APPROVED g) APPROVED F0161 ASI 7/10/85 pgs. 40 & 41 a) APPROVED b) APPROVED c) APPROVED as AMENDED d) APPROVED e) APPROVED f) APPROVED 7/10/85 pgs. 42 -46 TABLED 7/10/85 pg.2 TABLED 7/10/85 pg.48 APPROVED AS AMENDED 7 10 pS.48 APPROVED 7/10/85 pg.48 APPROVED 7/10/85 pgs. 48 & 49 APPROVED 5 Pg.49 a) TABLED b) APPROVED 41 42 PAGE SIX 7110/85 Ashmont/Kings Point - Model Sales Facility - Discussion and 7/10/85 pg.50 possible action to renew a permit for the use of a model APPROVED sales facility at another location. Patio Homes at Fairmont - Model Sales Facility - Discussion and possible action to renew a model sales permit. 43. Lake Colony (Brookwood Gardens) - Model Sales Facility - Discussion and possible action to approve a model sales permit and waiver of the 300-foot distance requirement for certificates of occupancy for Units 30, 31 and 32. 44. Woodmont Tract 48 (Waterford at Woodmont) - Model Sales Facility - Discussion and possible action to renew a model sales permit and waiver of the 300-foot distance requirement for certificates of occupancy. REPORTS 45. City Council 46. City Manager 47, City Attorney City Council may consider and act upon such other business as may come before it. Pursuant to Chapter 286.0105, Florida Statutes, if a person decides to appeal any decision made by the City Council with respect to any matter considered at such meeting or hearing, he may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is based. CITY OF TAMARAC Carol E. Barbuto Assistant City Clerk SPECIAL . WORKSHOP AND PUBLIC HEARING MEETINGS Tuesday, July 9, 1985 - 10:00 A.M. - Special Meeting - Council Chambers - Conduct a Public Hearing regarding whether the City Manager should be dismissed as provided in R-84-283. Tuesday, July 9, 1985 _ 1:00 P.M. - Workshop Meeting - Council Chambers - Architect's Plans for Municipal Complex Thursday, July 11, 1985-9:00 A.M. - Workshop Meeting - Council Chambers - Discuss certain aspects of Employee Retirement Plan Tuesday, July 16, 1985 -10:30 A.M. - Council Chambers - Public Hearing scheduled by the Florida Housing Finance Agency con- cerning bonds to finance residential rental projects - Greenview Apartments 48. Presentation of Plaques to former Council members Allan Bernstein and Jack Stelzer in recognition of their ser- vi me - - 49. Appointment of Aide to V/M Massaro - Discussion and possible action 50. Payment to Interstate Pipe - Invoice #2 - Discussion an possible action 1 pg.50 APPROVED 7/10/85 p 3 APPROVED 7/10/85 pgs. 51 & 53 TABLED 7/10/85'pgs. 51 & 52 7/10/85 pgs.53 & 54 7/10/85 pgs. thru 53 1 7/10/85 pgs 1 & 48 Plaques Dresented 7/10/85 pgs.1& 49 APPOINTMENT made //1U/6D pgs. 1 & 49 APPROVED 51. Fish Kettle - Transfer of Special Exception - Discussion 7/10/85 pgs. and possible action 2 & 50 TABLED to 7/24/85 Tape 1 CITY OF TAMARAC CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY, JULY 10, 1985 CALL TO ORDER: Mayor Philip B. Kravitz called the meeting to order on Wednesday, July 10, 1985 at 9 A.M. in Council Chambers. PRESENT: Mayor Philip B. Kravitz Vice -Mayor Helen Massaro Councilman Arthur H. Gottesman Councilman Raymond J. Munitz Councilman Sydney M. Stein ALSO PRESENT: Larry Perretti, Acting City Manager Jon M. Henning, City Attorney Carol Barbuto, Asst. City Clerk Diane Williams, Secretary MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Kravitz called for a Moment of Silent Meditation of owed by the Pledge of Allegiance. PRESENTATIONS AND AWARDS 48. Presentation of Plaques to former Council members Allan Bernstein. and Jack Stelzer in reca nition Qf their SYNOPSIS OF ACTION: Agendized by Consent See Page 9 C/M Stein MOVED to agendize by consent presentation of plaques to former Council members Allan Bernstein and Jack Stelzer in recognition of their services. SECONDED by C/M Munitz. VOTE: ALL VOTED AYE BOARDS & COMMITTEES 49. Appointment of Aide to V/M Massaro - Discussion and passible action SYNOPSIS OF ACTION: Agendized by consent (See Page 49 V/M Massaro MOVED to agendize by consent the appointment of Lou Solomon as her aide. SECONDED by C/M Stein. VOTE: ALL VOTED AYE GENERAL ADMTNISTRATIVE/FINANCIAL 5U. Payment to Interstate Pipe - Invoice #2 - Discussion and possible action SYNOPSIS OF ACTION: Agendized by consent See Page 49 V/M Massaro MOVED to agendize by consent payment to Interstate Pipe - Invoice #2. SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE COMMUNITY DEVELOPMENT 17d Traffic Stud (64th Avenue) - Discussion and possible action SYNOPSIS OF ACTION: Agendized by consent See Pages 2 & 26 ) V/M Massaro MOVED to agendize by consent 17 d) Traffic Study - 64th Avenue . SECONDED by C/M Stein. C/M Stein asked Jon Henning to obtain any documents on this subject. A10116 F.]aMT1420AOWTV!00 GENERAL ADMINISTRATIVE/FINANCIAL ,14. Tamarac Park Satellite Building - Status Report - Varker Construction Company Invoice- Discussion and possible action SYNOPSIS OF ACTION: Agendized by consent See Page 18) V/M Massaro MOVED to ag,endize by consent Varker Construction Company's Invoice. SECONDED by C/M Stein. VOTE: ALL VOTED AYE 35. Tract 24 - Temp. :eso. #3681 -Discussion and possible action to temporari.y waive the platting requirements in Chapter 20 of the Code in order to construct public improvements (tabled from 6/26/85). SYNOPSIS OF ACTION: TABLED Mr. Henning read Temp. Reso. #3681 by title. C/M Gottesman MOVED to TABLE the item. SECONDED by V/M Massaro. VOTE: ALL VOTED AYE BOARDS AND COMMITTEES 7. Investment Advisory Committee -- Status Report_ - Request for Prior Notice - Temp. Reso. 3708 - Discussion and possible action SYNOPSIS OF ACTION: Agendized by consent b) See Pages '--TT— C/M Stein MOVED to agendize by consent the request for prior notice - Temp. Reso. 3708. SECONDED by V/M Massaro. VOTE: ALL VOTED AYE 51. Fish Kettle - Transfer of Special Exception - Discussion and possible action SYNOPSIS OF ACTION: Agendized by consent See Page 50) V/M Massaro MOVED to agendize by consent the Fish Kettle's request for a transfer of s;?ecial exception. SECONDED by C/M STEIN. VOTE: ALL VOTED AYE 1, Board of Adjustment -- Temp._Reso. #3688 - Discussion and p ssible acti n to appoint one regular and two (2) ayternate mem�ers SYNOPSIS OF ACTION: APPROVED Resolution No. $-85-218 PASSED emD. Keso. F3689— Mr. Henning read Temp. Reso. #3688 by title., V/M Massaro nominated Charles Rosenberg as a regular, and John Lachmann and Arthur Santman as alternates. Q/M Stein nominated Harold H. Newman as a regular. VOTE: C/M Stein Newman, Lachmann and Santman C/M Mun:itz Newman, Lachmann and Santman C/M Got--esman -- Rosenberg, Lachmann and Santman V/M Massaro - Rosenberg, Lachmann, and Santman Mayor Kravitz - Rosenberg, Lachmann and Santman V/M Massaro MOVED the adoption of Tem . Reso. #3688 appointing Charles Rosenberg as a regular and John Lachmann and Arthur Santman as alternates. SECONDED by C/M Gottesman. VOTE: ALL VOT:7-D AYE 2. Board of Social Services - Temp. Reso. #3687 - Discussion and possible action to appoint one 1 member. SYNOPSIS OF ACTION: APPROVED Resolution No. R. 85-219 PASSED Temp. Reso. #3687 Mr. Henning read Temp...R�_-so. #3687 by title. _2_ 7/10/85 V/M Massaro nominated Jerome Heller to serve as a member for a term to expire 5/11/86. VOTE: ALL VOTED AYE C/M Munitz MOVED the adoption of Temp. Reso. #3687 appointing Jerome Heller. SECONDED by C/M Gottesman. ffe711i.... . a m0i 0_1 : 14W 3. Public Information Committee - Discussion and possible action on: a) Approval to solicit advertising for the Tam -A -Gram and Tamarac Yearbook (tabled from 5/22/85) b) Appointment of three (3) members by Temp. Reso. #3685 SYNOPSIS OF ACTION: a) APPROVED Resolution R-85-220 PASSED b) APPOINTED Rolland Foster, Resolution R-85-221 PASSED Saul Stillerman and Meyer Chait a) V/M Massaro said authorization is needed to solicit advertising._ VJMMassaro MOVED to authorize the soliciting for advertising. SECONDED by C/M Stein. C/M Stein said that when the Public Information Committee came up with this format, it was discussed with the City Attorney who also investigated other cities who used the same system and it was adjudged to be perfectly legal. He said they should be allowed to see how well they can do. VOTE: ALL VOTED AYE b) Mr. Henning read Temp. Reso. #3685 by title. V/M Massaro put into nomination the names of: Rolland Foster, Saul Stillerman, Meyer Chait. b) Mr. Fenichel said he would like his committee to interview the nominees for his board prior to Council's approval. He said the only one that he would like to approve, at this time, was Mr. Chait and the other two nominees to be approved by his committee. Mayor Kravitz said it was up to Council to make appointments to a committee. He said it was up to Council to determine whether they want to meet with the nominee or to accept the nomination without further inquiry. Melanie Reynolds, resident, said she has seen Council turn- down applications because the chairman had not approved and now Council is doing the exact opposite. She asked if it was up to the chairman. Mayor Kravitz said it was up to Council. She said Council has held up many applications because the Chairman had not signed them and she said that Council should be consistent. Mayor Kravitz said Council has the final say. VOTE: ALL VOTED AYE C/M Gottesman MOVED the adoption of Temp. Reso. #3685 appointing _3_ 7/10/85 /vdw v Rolland Foster, Meyer Chait and Saul Stillerman to the Public Information Committee. SECONDED by C/Mi!Stein. VOTE: ALL VOTED AYE 4. Insurance Advisory Committee - Temp. Reso. #3686 -- Discussion and possible action concerning appointment of two (2) members. SYNOPSIS OF ACTION: Resolution No. R-85-221 PASSED APPOINTED Maury Kramer Mr. Henning read Temp. Reso. #3686 by title. Mayor Kravitz said he had received an application from Maury Kramer. V/M Massaro MOVED to nominate Maury Kramer. SECONDED by C/M Stein. VOTE: ALL VOTED AYE V/M Massaro MOVED the adoption of Temp. Reso. #3686 appointing Maury Kramer. SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE 5. Board of Consumer Affairs - Discussion and possible action on: a) Acceptance of resignation of Lawrence Gould. b) Announcement of one vacancy on this committee SYNOPSIS OF ACTION: a ACCEPTED resignation of Lawrence Gould; b) Announcement of one (1) vacancy made. a) V/M Massaro MOVED to accept the resignation of Lawrence Gould and recognized that he sent in an informative letter. She extended thanks for the work that he has done. C/M Munitz SECONDED. VOTE: ALL VOTED AYE b) Mayor Kravitz announced one (1) vacancy for this committee. 6. Beautification Committee - Temp Reso. #3690 - Discussion and possible action to appoint William Sutter (presently a regular member) as an alternate member and Nicholas Camerano (presently an alternate member) as a regular member. SYNOPSIS OF ACTION: Resolution No. R-85-222 APPOINTED William Sutter as an alternate member and Nicholas Camerano as a regular member. Mayor Kravitz corrected the agenda to read "Nicholas Camerano (formerly a regular member)" and has been recommended to, again, serve as a regular member. Florence Bochenek said the requests are being made at the request of the members. Mr. Henning read Temp. Reso. #3690 by title. -4- 7/10/85 /vdw �1 C/M Stein MOVED to accept William Sutter's resignation as a regular member and appoint him as an alternate member and appoint Nicholas Camerano as a regular member. SECONDED by V/M Massaro. VOTE: ALL VOTED AYE C/M Gottesman MOVED the adoption of Temp_. Reso. #3690 appointing William Sutter as an alternate member and Nicholas Camerano as a regular member. SECONDED by C/M Munitz. VOTE: ALL VOTED AYE Mr. Henning stated that the proposed resolution circulated outlines those names and there is reference at a recent Special Meeting to the resignation of Mr. William Sutter. 8. CONSENT AGENDA -- a Minutes of 6/12/85 - Special Meeting - Approval recommended by City Clerk. b) Alan F. Ruf - Consulting City Attorney - 7/2/85 - $1,539.00 - Approval recommended by City Attorney. c) Richard S.Rubin - Consultant City Planner - 7/3/85 - $3,626.25 - Approval recommended by Chief Building Official and City Manager. d) Robert B. Dunckel of Adler, Tolar & Adler - Counsel for Charter Board - Services for 5/1/85 through 5/31/85 $632.05 - Approval recommended by Charter Board. e) Muller, Mintz, Kornreich, Caldwell, Casey, Crosland and Bramnick, P.A. - Labor Counsel - 5/3/85 and 6/4/85 invoices - $2,981.10 - Approval recommended by City Attorney (tabled from 6/26/85). f) Excavation and stockpiling of lime sludge - Approval to contract with Lynn Ro, Inc., for the third year at a price of $14,500.00 for this work in accordance with the terms of Bid 83-10 as awarded by Resolution 83--153. SYNOPSIS OF ACTION: ;4PP a a d) ; TABLED c) to next regular meeting; (Scc page ) TABLED e); f) APPROVED contract AS AMENDED to be paid quarterly. a) V/M Massaro MOVED to approve the minutes of 6/12/85 - Special Meeting. SECONDED by C/M Stein. VOTE: ALL VOTED AYE b) V/M Massaro said she had no objection to the bill itself but questioned where the money is coming from for this bill and the account that it is being charged to. She asked the City Attorney to explain the bill. Mr. Henning said that in the past few months because of extensive work at the Utility Plant between EQCB, grants, and Land Section 7 acquisition of the lands, settlement with Leadership and various business that Alan Ruf has been involved with, he suggests that 'Tamarac Utilities West be assessed various portions of the bills. He said they are inevitably always less than half of Alan Ruf's bill to the Tamarac's Utilities West Professional Services since these items are 100% in the operations of the utility. He said some of the costs could be recovered under grant money if staff itemizes that as part of Professional Services but said he would need to research it further to be certain. -5- 7/10/85 /vdw He said the remainder is financed by the City Attorney's Professional Services Fund which covers all the general, legal services that Mr. Ruf is involved in. V/M Massaro questioned on whether people should be allowed to go into the City Attorney's Office and take up his time. She asked if they should not be required, if they have a complaint, to send it in or give it to the City Manager because she did not think that anyone has the right to take up the City Attorney's time. V/M Massaro said she referenced the June loth item because she wanted to make it known that people must not monopolize the City Attorney's time. Mr. Henning inquired if she was referring to staff or public. V/M Massaro said the June loth item should have been resolved by the Code Enforcement Division and not involve the City Attorney nor the outside attorneys. She said department heads are paid more money because they are supposed to be capable of making decisions and if they have a problem with a decision, they should send a memo to Tape either the City Manager or the City Manager with a copy to the 2 City Attorney. V/M Massaro MOVED to authorize payment of $1,539.00 to Alan F. Ruf. She asked if they did not usually reflect the account charged. c) Mr. Henning responded that the dollar amount is always listed but the line item can be added if Council wishes. V/M Massaro said she would like to see the breakdown on the a enda and the accounts that will be charged. SECONDED by Cg/M Munitz. VOTE: ALL VOTED AYE FJ V/M Massaro said there was one account identified as to what it is to be charged to yet there are three breakdowns: (1) Turnpike Beau�.ification and it should be charged to that account; (2) Special Time - She said she would like to know what it is; (3) Retainer. V/M Massaro MOVED that the bill itself can be paid except tha'-- the financial end of it should be looked at and determ_nation mace as to where the various items are to be charges.. She requested a memo showing her what accounts they are to be charged to. Mr. Henning said that when payment of a bill is authorized, unless there is a. line item trans_-er at a later date, Council is technically authorizing the fund or line item from which the fund, -- come. Mr. Hennir..g said they could authorize payment and have the City Manager itemize the line items. C/M Stein asked if it would be appropriate to TABLE until they get the accounts that are to be charged. V/M Massaro asked that it be 'TABLED until after lunch. d) V/M Massaro MOVED to approve payment of $632.05 to Robert B. Dunckel of Adl.er,Tolar & Adler, Counsel for Charter Board. SECONDED by C/M Stein. VOTE: ALL VOTED AYE -6- 7/10/85 /vdw e) V/M Massaro said she had a breakdown but no account numbers. a E Mr. Henning said this item was tabled from the last meeting and indicated that he had given them a breakdown of the labor work. He asked that payment come from the City Attorney's Professional Services unless Council wants to make a special assessment. He noted that Council has a joint workshop scheduled for July 11, 1985 with the Pension Board. V/M Massaro said she checked everywhere and could not find anything to support that expenses incurred by the Pension Board should not come from the Pension Plan. She said she did not understand why the taxpayers are paying those costs. She reiterated that the city should not be liable for these expenses. Mayor Kravitz said discussion on this subject will come up at the workshop. V/M Massaro MOVED to TABLE labor counsel invoices for a future meeting. SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE f) V/M Massaro said they are working from Reso. 83-153 which hired Lynn Ro, Inc. for the next three (3) years. She suggested that the words "to be paid quarterly". V/M Massaro MOVED to authorize payments. SECONDED by C/M Gottesman. L116110 7. Investment aT Status b) Request ALL VOTED AYE Notice - Temp. Reso. 3708 SYNOPSIS OF ACTION: a Committee presented list of recommendations for Council action; b) APPROVED Temp. Reso. #3708 Resolution Agendized by Consent on page 2. Advisory Committee -Discussion and possible action: Report for Prior No. R-85-239 PASSED a) Morris Sarner, Vice-Chairman/Investment Advisory Committee, reported that at their July 5th meeting, they formulated the following recommendations for Council;; -action: 1. A physical count and inspection of all securities be made to ascertain that they actually exist; 2. Location of these securities as no physical count has been made within the last few years. 3. All "repo" investments should have serial numbers for all bonds held as security for these investments and the location of these security bonds. 4. All securities should be valued at current market prices and presented in accordance with generally accepted accounting principles. 5. All other Treasury bills, bonds, coupons and notes invested in U. S. obligations should have serial numbers along with each investment. 6. All future investments in government securities that will be made by the Finance Department should be discussed with this committee at least two (2) weeks prior to the expiration of the current investment. -7-- 7/10/85 /vdw V/M Massaro asked Council to think about implementation of recommendations made by the Investment Advisory Committee. She said she would like to know where the securities are, and if they exist. Mayor Kravitz assured her that it will be followed up. Mr. Henning said this subject has been discussed since the ESM incident and felt that the City Manager has the authority, certainly if directed by Council, to implement an inventory. He said the auditor could also implement it but it would be more costly than for staff to do it. Mr. Henning reported that many of the city's investments are at the NCNB main office in Tampa. He said that it is possible that some of the Pension .Plan assets are being held in Jacksonville at the Florida National Bank. He does not know of additional investments but the Finance Department would be able to provide the information on that. He suggested a trip to Tampa or hiring an attorney or an accountant in Tampa to go to the bank and conduct an inventory. He also suggested that maybe the bank would do it for the city. Mayor Kravitz said all they received from NCNB is a safekeeping receipt showing deposit number, the amount and when interest is due. He said he discussed it with the auditors and they have agreed to make an actual physical inventory and report to Council. He said there is no separate charge for this. V/M Massaro asked if they had received an acknowledgment from those banks indicating that they do have the money on file. Mayor Kravitz said they do and get one for each bank. He said as it is paid for the Finance Department receives the safekeeping rece:_pt but it does not mean that they have actual physical possession of those securities. V/M Massaro said they ask them whose name the accounts are in. Mayor Kravitz recommended that the committee write or have the City Manager write requesting the actual investments, whose name, when they are due and other relevant information. V/M Massaro said that she did not think the committee should do it but rather that staff do it. Mayor Kravitz said in part b) they can determine if the avenue should be to the City Manager's Department, to the Legal Department or whomever. Mr. Henning asked if they wanted to authorize the City Manager up to $500 to conduct an audit. C/M Stein said all they need to do is write to the institutions requesting the information. V/M Massaro suggested that they also be required to send Council photostatic copies of what they have. She said the City Attorney should be requested to write the letter immediately. Mayor Kravitz asked Mr. Henning to submit information that he receives to the Investment Advisory Committee as well. as Council. 7/10/85 /vdw 1 Ci 11 b) Mr. Henning read Tempi. Reso. #3708 by title. He said the resolution was prepared at the request of the Investment Advisory Committee giving the committee notice. He said it does not require them to meet, take action nor sign off any approvals but it gives them two weeks' advance notice of any new investments being made and before any present investments are matured. He said a couple of concerns are that he intentionally did not require them to meet because he did not think that the city's Investment Plan should come to a standstill for lack of a quorum. He said he also did not give the committee veto power but if they are concerned about something, they can meet among themselves, with staff or Council and the City Manager can take appropriate action if the committee disagrees with any of the recommendations. He said he did not know if two weeks' notice was a reasonable period of time for making decisions on investments. He ac- knowledged that there can be fluctuation over a two -week period. He said the committee can voice their need for it but felt that the staff may have a problem with it. Mr. Solomon stated that his committee has never asked for more than what they have today. He said when the city is purchasing stocks or bonds and informs the Investment Advisory Committee, they will come to the Finance Director or the City Manager or Council but stressed that they have no intention of doing any more than that. Mayor Kravitz clarified Mr. Solomon's mention of stocks and bonds by stating that they can only buy government securities based on Council action and the Charter. V/M Massaro said she interpreted their request to mean that they want to be informed as to the city's investments within a fourteen -day period so if they feel a recommendation is warranted, they can come to Council. C/M Munitz noted that they receive a monthly statement from the Finance Department listing all current investments and also their due dates. C/M Stein, MOVED the adoption of Temp. Reso. #3708. SECONDED by V/M Massaro. VOTE: 48. Presentation of Plaques to Former Council Members Allan Bernstein and Jack -Stelzer in recoEnition-ot their services SYNOPSIS OF ACTION: Agendized by consent on page 1. Plaques were presented by Acting City Manager Acting City Manager Larry Perretti awarded plaques to Jack Stelzer and C/M Stein, on behalf of Mr. Allan Bernstein, in recognition of their services to the City of Tamarac as past Council members. 9. Bid Award - Utilities West - (Project 84-14) - Temp. Reso. 3691 - Discussion and possible action to award a bid for installation of Wells 12 and 13. SYNOPSIS OF ACTION: Resolution No. R-85-223 Awarded bids to R.J. Sullivan for construction of Wells 12 & 13 and to K. Herron & Sons for construction of sidewalks. Z� 7/10/85 /vdw `�r Mr. Henning read Temp. Reso. #3691 by title. V/M Massaro MOVED the approval of Temp. Reso. #3691 fot the construction of Wells 12 and 13 but also includes the sidewalk in front of St. Malachy's Church on University Drive. She said this was a negotiated agreement in exchange for the ease- ments that the church gave on their property for these wells. She asked that it be charged to Account #432-363-537-645 using CTAC funds for payment of both items. She amended her MOTION to include the account numbers. C/M Stein SECONDED. VOTE: ALL VOTED AYE 10. Northwest Force Main (Project 84-6) - Discussion and possible action to approve an agreement with Williams, Hatfield & Stoner for additional services to revise the City's grant application in accordance with an amendment to the 201 Facility Plan. SYNOPSIS OF ACTION: TABLED to afternoon (See Page 25) V/M Massaro MOVED that the additional sum of $2440 be approved for services by Williams, Hatfield & Stoner. She said an account number was needed and asked that this item be TABLED until after lunch. Roseanne Goldgell, Edgewater Village, asked for clarification on the construction of the two wells. She asked what kind of wells, they were. Mr. Henning said they were drinking water wells not the deep wells. She asked where they would specifically be located. Mr. Henning informed her that it would be on St. Malachy's Church property in the back. Joe Pandro, Concord Village, requested sidewalk construction in front of the Wastewater Treatment on 64th Street. He said there was no sidewall: but there is a sidewalk on the commercial property. Mr. Pandro said there was a lot of traffic on that street. V/M Massaro suggested that Council give his suggestion consi- deration. 11. Utilities Wastewater Treatment Plant Odor Abatement Program (Project 84-8) - Discussion and possible action to waive bidding requirements and allow staff to negotiate with vendors and authorize contracting with the low cost vendor in an amount not to exceed $80,000.00 to comply with the County's odor regulations. SYNOPSIS OF ACTION: APPROVED as amended V/M Massaro cautioned that this request was an extreme emergency because there is limited time to completely abate any odors and she felt that they have almost accomplished this. She said it has to do with the sludge removal whereby DER or ECQB gave permission during the transportation that the city not be cited during those periods. V/M Massaro said that she would like, under an emergency authorization, to allow Bill Greenwood to Inez 7/10/85 /vdw Ij/ negotiate with three (3) firms and have proposals ready for the July 24th meeting. She asked that Council not authorize awarding of the contract until he reports back to Council. Bill Greenwood, Utilities Director, reported that they have requested a variance over the last several meetings with EQCB for odor control. He said the city's first effort to try to abate the odors from the Sewerage Treatment Plant was by the installation of the dome over the aerator -flow equalization tank and installation of the bio-filter and said that this process has worked very well by decreasing the hydrogen sulfide emissions by 987.. He said they are trying to control additional sources of odor which occurs on a sporadic basis from several times a day to several hours. Mr. Greenwood said the main culprit that gives off the odor is the aerobic digester compartments of the Sewerage Treatment Plant. He said the recommendation is to place a dome over these compartments; there is a segmented compartment in each of the four (4) plants that deed to be covered.. He said these expenditures are very necessary. He informed Council that there has been an odor at the plant for the past day and a half due to a lightning strike of Florida Power & Light's main transformer which put the plant Tape out of commission. Mr. Greenwood said that it had been rectified. 3 V/M Massaro asked Mr. Greenwood if he foresees any problem with reporting the results of his negotiations to Council. Mr. Greenwood replied that he did not. C/M Gottesman referenced a memo from Bob Foy to the City Clerk stating that Williams, Hatfield & Stoner has advised that R & R certificates will be provided for these expenditures. He asked if there were any costs involved and why are Williams, Hatfield & Stonerare involved. Mr. Greenwood answered that the existing trust indenture which Utilities is working under requires that any expenditures of this nature be approved by the city -appointed consulting engineer and that this is the renewal and replacement fund. He added that this particular fund is usually maintained at approximately $500,000. C/M Gottesman explained that he questioned their involvement because he recalled at one time Council had decreed, by motion, not to do any further business with Williams, Hatfield & Stoner and asked if this was an ongoing project that could not be dis- missed. Mr. Greenwood said that according to his conversations with the City Manager, the Acting City Manager and Jon Henning, Williams, Hatfield & Stoner is still one of the duly appointed consulting engineers. He said they have been monitoring the trust indenture for the city for a number of years and have never been relieved of that responsibility. C/M Stein said there was a resolution which specifically forbade the city to enter into any new contracts with Williams, Hatfield & Stoner unless the resolution is revoked. He said, however, that it did exclude working on and, at any work which they this point, it would have been continuously be costly for the City to hire a new engineer when they have been working on it for a year. -11- 7/10/85 /vdw Mr. Henning stipulated that the contract with Williams, Hatfield & Stoner has a 30-day cancellation clause and staff has never been directed by Council to exercise the 30-day cancellation. Mr. Henning added that Council interviewed and hired Montgomery Engineering and every dollar given to Montgomery is a dollar not given to Williams, Hatfield & Stoner. He said Council and staff are monitoring the new projects and the new ones are going to Montgomery Engineering. C/M Stein reasoned that they did not cancel because it would be foolhardy as they have knowledge of certain things which nobody else would be able to do. He said they have spent approximately $300,000 on this plan and wants to know the amount of additional monies to be expended for this plan. V/M Massaro said the item is not being tabled but that he is authorized to negotiate. C/M Stein said he also wants to know how efficient it can be and for how long. Mr. Henning explained that the municipal bonds used to purchase the plant require certification by a consulting engineer so that the bondholders have that protection. He said since Williams, Hatfield & Stoner had been working on the plant for many years he assumed that was the obvious reason why they have been continued on the R & R certificates. V/M Massaro asked the City Attorney to give her a memorandum indicating whether or not the city has the right to give them new contracts. She said in no way does she want to see Williams, Hatfield & Stoner eliminated. V/M Massaro MOVED that the Director of Utilities be authorized to negotiate with three vendors the cost for the work that is necessary for the odor abatement as indicated in his memorandum of July 2, 1985. She requested that the results be sent to Council via memorandum as soon as available and the subject will be agendized on the July 24th meeting for final disposition but no contracts to be awarded. SECONDED by C/M Stein. Saul Wish, Edgewater Village, clarified that they have had an odor since July 4 and it was pretty bad and he did not recall an electrical storm on that date. VOTE: ALL VOTED AYE 18. Independent Auditor for FY 1984/85 - Discussion and possible action concerning engagement of an auditor (tabled from 6/26/85). SYNOPSIS OF ACTION: APPROVED AS AMENDED to accept Touche Ross's offer and hire them for the 84-85 fiscal year for a sum not to exceed $18,275. -12-- 7/10/85 /vdw J Mayor Kravitz acknowledged a letter from Touche Ross. He said it has been determined that they have a one-year contract with the city which has expired. He said at the time they accepted the first year contract, Touche Ross said they would require the same figure plus 2/3rd's of the CPT. Mayor Kravitz said the fee last year was $17,800 and 2/3rd's of the 4% CPI would be $18,275 and would be the maximum fee. C/M Stein MOVED to accept the offer of Touche Ross & Company and hire them for the 1984-85 at a sum not to exceed $18,275. SECONDED by C/M Gottesman. Mr. Henning reported that he asked Dan Saale to review and compare last year's letter with this year's letter and he determined that the letters are not verbatim but they cover the same subject and in substance are the same except for the dollars. Mayor Kravitz said not only are they the same but they are adding to it the physical inventory of the city's investments and other items. V/M Massaro asked if it was in the letter. Mayor Kravitz said that can be added as part of the motion asking that they do those things. He said he was informed that they would have the internal controls, the test of transactions and all the different things that proper accounting procedure would require. C/M Stein AMENDED the MOTION to include, in addition to the letter, the actual physical examination of the city's securities and report back to Council at no additional costs. Mayor Kravitz said they informed him at no additional costs because it can not exceed $18,275. He suggested that the City Attorney write to them notifying that it is included to avoid any misunderstanding. Vickie Beech, resident, said she hoped in the letter to Touche Ross that Council specify all of the requirements that they are now discussing. She said, secondly, she hoped that when the management letter report comes back that Council does not pay first and have to wait an additional month for the people to know what they paid for. Jack Stelzer asked if Council received a report of an in --depth audit of the internal controls. Mayor Kravitz said it was the practice of the City Manager to ask them to check a particular department and they are waiting for his instruction. He said he thought the former City Manager had asked for an internal control audit of the Police Department but stated that there may be a change on that. Mayor Kravitz said they are supposed to do one department each year. Mr. Stelzer said they did not do one for last year and they have already completed the audit. Mayor Kravitz said Touche Ross's thinking is that an internal control is a special audit. He said this is not an internal control audit, and, therefore, if they are going to go into that, it would have to be brought before Council what the cost is, what they intend to do and then Council could decide. _13_ 7/10/85 /vdw J Mr. Stelzer said he never heard a department's internal control report while he was on Council. Mayor Kravitz suggested that when the City Attorney writes the letter that he mention that the city has not received a report on last year's internal control department and the selection for this year. Mr. Henning referenced a letter dated July 12, 1984 from Touche Ross & Company which stated that they agreed to review the internal controls of an operating department indepth, on a rotating basis, and prepare a separate report on their findings. He said the new letter, June 27, 1985, made the same statement. Mayor Kravitz said that knowing what auditors do and what their fees are that they are charging less than half of the normal fee. He said that in prior discussions with Touche Ross & Company they had informed him that the actual cost of doing an audit for the city was $42,000 and all they collected was the $17,800 for last year. V/M Massaro questioned how they could have performed an indepth internal control audit on a department if they had not been told which department to audit. Mr. Henning said the former City Manager was in contact with them concerning this although he did not know if the City Manager specified a department. C/M Munitz said, assuming that they did not do a department, they should ask them to do two departments this year. Mayor Kravitz said the letter will be sent asking them if they did an internal controls audit for last year and, if so, to submit a report. He said if they say they did not, then Council can recommend that they do two departments. VOTE: ALL VOTED AYE -------------- 20. Municipal Complex - Discussion and possible action on: a Payment ot Miller & Meier Invoice F1307 in the amount of $35,191.66. b) Establishment of a Preconstruction Review Committee (._t.abled ...from 6/26./85 ) c) Status of appointing a Construction Manager SYNOPSIS OF ACTION: TABLED to a workshop meeting /16/85 at 1 : OQ....P . M. . with Mi1l.e.r. &--Me-i.e r ; ...... . Committee meeting 7/16/85 at 10:00 A.M. V/M Massaro asked that Richard Rubin be named to the Pre- constr.iiction Re%Tiew Committee. Mayor Kravitz said that he is staff and she does not need to name him to the committee. C/M Stein MOVED to TABLE the Municipal Complex. C/M Gottesman said that he saw no objection to tabling items a) and b) but stated that they are in the process of inter- viewing and possibly hiring a construction manager and he wanted discussion on it. C/M Stein said he would like to table c) also but not because he wants to delay the hiring of a construction manager but because Miller & Meier requested to know their responsibilities and releases. He said this should be discussed with the City Attorney. He said they definitely know that they are going to hire a construction manager but under what terms and what his duties and obligations are they do not know. -14- 7/10/85 /vdw iJ Mayor Kravitz suggested that since the committee will be meeting on Tuesday, July 16, 1985, this item will be one of the items for discussion and after that, if there is a necessity, Council can call a special meeting. He felt it would be proper and in the city's best interest to table a, b and c. V/M Massaro asked that the committee meet without Miller & Meier before then. Council determined that the meeting will be scheduled for Tuesday, July 16, 1985 at 10:00 A.M. Mr. Henning said he would work with the Clerk to establish a public notice. V/M Massaro MOVED to TABLE Item 20 a, b, and c. SECONDED by C/M Stein. VOTE: C/M Stein Aye C/M Munitz Aye C/M Gottesman Nay V/M Massaro Aye Mayor Kravitz Aye C/M Gottesman remarked that Mr. Perretti, in his dual role as Personnel Director and Acting City Manager, should be given all the assistance he needs for hiring a construction manager. 19. Municipal Com lex - General Obligation Bonds - Discussion and possible action on: a) Authorization for Touche Ross & Co. to assist in the cash flow analysis. b) Authorization for Touche Ross & Co. to provide comfort letters at the time of the offering and closing of G.O. Bonds. c) Authorization to proceed with these bonds (tabled from 6/26/85) SYNOPSIS OF ACTION: .--.,a4 kP P R©V E.D b) & c) APPROVED WITH CONDITIONS a) Mr. Henning referenced his memo of June 21, 1985 in which he outlined the comfort letters and the cash flow analysis. He said the cash flow analysis was quoted at $4,070 and the first comfort letter is $4,700 He said he anticipates at least one additional comfort letter $1,500 per letter. He said he was under the impression that this item was tabled until Council determined whether Touche Ross & Company would be their auditor for next year and they wanted the annual letter from them before acceptance of special assignments. Mr. Henning said the letter was received and approved and that now, with the quotes, Council is prepared to move forward with the cash flow analysis and the comfort letters. V/M Massaro questioned if it mattered how early the comfort letters were prepared. She reasoned if they were too early they would not have to spend additional monies for additional letters . Mr. Henning thought that if there was a delay during the procedure, that is where the third letter comes in. He said Council's main concern is the cash flow analysis and the preparations for making a report to the rating agencies to obtain a rating. He said the city can not go out for bids on the bonds until they have a rating. Mr. Henning said another aspect that Council should be aware of and discuss is assignment of ESM dollars to particular line items. He said the original analysis was a pro rata analysis but there has been recommendation from theEinance Department of alloting the ESM dollars to particular accounts where the monies will not be needed as soon. Mr. Henning said part of the cash flow analysis will include the allotment of ESM dollars to specific line items or accounts. He said Council needs to be aware of it, and, hopefully, agree with it. -15- 7/10/85 / /vdw V Mr. Henning said he contacted Morgan, Lewis & Bockius regarding ESM and received a letter dated June 21, 1985 which stated, in essence, if this is done merely for accounting purposes there will be no jeopardy to the ESM lawsuit. Mr. Henning said they were not writing off a loss but rather allocating funds to specific accounts. V/M Massaro cautioned that when they allocate they have to be careful that funds are not locked in that may be necessary. Mr. Henning said there was a proposal from Finance allocating the ESM dollars to specific funds. V/M Massaro asked for copies. C/M Stein said Pompano recently implemented the same plan. C/M Stein asked Mr. Henning for an amount so that he can MOVE to authorize Touche Ross to assist in the cash flow analysis. Mr. Henning responded that it is $4,070-, which includes authorization for staff to allocate the ESM dollars to specific accounts. C/M Stein said he would SO MOVE. SECONDED by C/M Munitz. V/M Massaro referenced Resolution 85-20 concerning bonds. She;, said it contained a statement that she would have interpreted to mean that if somebody is going to make a trip someplace where expenses are incurred bordering on $1,000, Council should authorize it. V/M Massaro said others have interpreted it differently. She said she would like it clear that nobody is authorized to do these things on their -own. She said she was talking about -the trip that the former City Manager and Finance Director made to New York which incurred expenses bordering on $1000 and asked that Resolution 85-20 be clarified so that it is understood no one is allowed to do those things unless they receive Council's approval. Mayor Kravitz said the City Attorney would research it and report to Council. VOTE: ALL VOTED AYE b) Mr. Henning said it would be $4,700 for the first letter and $1500 for the second letter. He said the quote, which Council can accept, would be $1500 for a third letter, if needed, but said he did not think Council should authorize a third letter at this time. C/M Stein asked if all they had to do was to authorize $4700 and an amount not to exceed $1500 for the second, if needed. Mr. Henning said the second one will be needed. He said Council could accept the quotation of $1500 for the third letter but advised Council not to authorize it. C/M Gottesman MOVED to authorize Touche Ross to provide comfort letters at a cost not exceeding $4700 and an update at the time of closing at a cost of $1500. He said he was not authorizing an additional $1500 for a third. C/M Gottesman said the total is $6200. -16- 7/10/85 /vdw J I LJ C/M Stein SECONDED. 1►L71�i- :�1�1�+Lry�r1:�•f c) Mr. Henning said Council's approval on this item would authorize staff to move forward. He said that there had been some discussion that until the city hall plans are finalized., they should hold the bid procedure for the bonds. He said the consultants have informed them that there is a possibility of obtaining some income from Arbitrage, which is reinvestment of the bonds, if they are sold as soon as possible. Mr. Henning advised Council that they need to move forward, working with staff and consultants. He said if they need to advertise or take a trip, Council will be notified. C/M Stein MOVED that staff be authorized to proceed, however, that no sums of money shall be expended for any expenses without prior approval of Council. V/M Massaro SECONDED. Mr. Henning asked the Clerk to place a status report on the bonds on the PreAgenda List for the 7/24/8.5 Council. meeting. v/M Massaro asked how Arbitrage expected to profit. Mr. Dan Saale, finance Director, spoke with a re-pse.se.nta-tive_._wi.th Toucbe,—Ross about t--eir expectations with Arbitrage on the selling of the general obligation bonds and any interest that may be earned. He said that they figured the city would be able to come up with approximately $70,000 on Arbitrage when the city Tape reinvests the income from the bond proceeds. He said the total 4 cost would be $340,000. Mr. Saale said they have an underwriters' discount of to-/ that is negotiable. He said the issuance costs would be $60,000 and the insurance premium on the issue appears to be about 1--1/2%. Mr. Saale said the total costs, to get the issue out . competitively bid and sold, will be $340,000 which would leave_$130 ,0.0.0 between the Arbitrage amounts and these costs. V/M Massaro asked what type of investments they would be making to make this possible. Mr. Saale said whatever they are investing in now as they are making assumptions as to what interest rates are and what the issue will be sold for. He said they are not net amounts because they do not include interest costs that the city will be incurring on the issue. He said those are paid from ad valorem taxes. Mr. Saale said this is the total they expect to earn on the money but does not include net interest that the city will be paying on the bond issuance. Mr. Henning said the debt service costs not included in this Arbitrage amount. He said Council needs a report from Stan Ross at the next meeting. C/M Gottesman said the report should include something about the debt service. V/M Massaro asked why General Obligation Bonds would not sell without the insurance. Mr. Saale said the question now is the rating of the city and his understanding is that this is insurance that issuance _ of the rating is satisfactory. _17_ 7/10/85 /vdw J V/M Massaro asked if they should get the rating before they concern themselves with selling bonds. Mr. Saale said it is a very integral part of selling the bonds. He said the insurance is a contingency and was placed in there on a conservative basis even though there is the possibility that it will not be needed. V/M Massaro felt that Council should devote thought to general' obligation bonds. Mr. Saale said there can be an analysis done on what similiar bonds would sell for at the city's rating versus what bonds could be sold for at an insured rating taking the difference. VOTE: ALL VOTED AYE 14. Tamarac Park Satellite Building - Status Report - Discussion and possible ac ion on the cons ruc ion contract. SYNOPSIS OF ACTION: a TABLED for furt er discussion b) APPROVED $1500 payment for truss work (See page 24) AGENDIZED BY CONSENT (See page 2) ._.._._._.... _. Bob Jahn, Chief Building Official, had made two requests: (1) that he be authroized to re_ppiar and replace the trusses. He said he has an appointment with Mr. Feld, Mr. Henning and himself for July 11, 1985 at 1:00 P.M. He said he was of the opinion that Mr. Feld had enough funds without releasing more money to do the work. He said Mr. Feld felt that it was an Act of God and that he should not have to repair and replace the trusses. Mr. Jahn said he would have a difficult time proving that it was his negligence that the trusses came down but that the engineering report indicates that they were placed properly. He said Mr. Feld's insurance only covers his negli- gence. He added thE.t the city does not have coverage for Acts of God. He said it should cost in the neighborhood of $5000 and may not include buying adequate plywood to sheath the roof and may require additional funds. Mr. Henning asked if he was talking about repairing the trusses and bringing them back to where they were before the wind storm. Mr. Jahn said that he was. Mr. Henning asked if he thought they could indemnify themselves and get back to where they were for approximately $5000 or less and wanted to know where the plywood came in. Mr.Jahn answered that even if the trusses were placed back, with the storms they have been experiencing, the only safe way to leave them is to completely sheet out the trusses to give them the needed rigidity. Mr. Henning said the third check sent back to Finance was $11,900 and some dollars. V/M Massaro asked if the sheeting was included in that check and Mr. Jahn said that it was. Mr. Henning said there was a question on insurance coverage and Council is trying to determine how much they have been set back. 7/10/85 /vdw J V/M Massaro said the loss was not Council's problem but Mr. Feld's fault because he is building it. Mr. Henning said regardless of whose problem it is, they need to get an idea of the setback. Mr. Henning asked if it would be less than $5,000. Mr. Jahn said $5,000 or less. V/M Massaro said she did not agree with that figure. Mr. Jahn said the cost of plywood would be around $2,000. C/M Stein assumed that what Mr. Jahn has requested is proper because they can not place the trusses without the plywood. He said he did disagree that these are Acts of God. He said every homeowner has wind storm insurance and the loss was due to a wind storm. He said it is a question of what is insurable and wind storm damage is insurable. C/M Stein said they hired the con- tractor to do a job and it would be proper to approve the expenditure and get the roof up and sheathed. Mr. Henning said they have certificates of insurance for liability insurance from the contractor but he has no certificate indicating storm insurance- however, even if he does not have it, he may be liable for the damages. V/M Massaro said his company has indicated that he has no coverage. Mr. Jahn replied that verbal communication with the company indicated that he has no coverage. Mr. Henning said there is a difference between liability and insurance coverage. He said he may be liable whether he is insured or not. V/M Massaro asked for clarification on Council's position with Mr. Feld. She questioned if the City has the right to go in either taking it legally away from him or entering into a new contract. Mr. Henning said that is what tomorrow's meeting is about and advised that she is welcome to attend. Mr. Henning said there is a seven day provision on a default in the contract and that has already been exercised with written - notifica-tion. Ile said Mr. Feld was in default with the sewer lines that were not going according to schedule before the wind started blowing. He said the seven days expired last Friday so they can follow through on the default pro- vision of the contract which may include arbitration procedure unless they negotiate otherwise. He said he wanted to meet with Mr. Feld and negotiate his leaving the job, the arbi- tration procedure to determine what the next steps are or determine if he stays on the job what he is going to do. -19- 7/10/85 /vdw J V M Massaro MOVED to TABLE this item until tomorrow's meeting on 7 11 85. SECONDED by C/M Stein. VOTE: ALL VOTED AYE 13. Oasis Lounge at 3 Lakes Plaza - Discussion and possible action to approve a special permit for extended hours for on -premises consumption of alcoholic beverages pursuant to Ordinance 85-38. SYNOPSIS OF ACTION: APPROVED AS AMENDED pursuant to Ordinance 85-38 V/M Massaro approved the application but noted on the application itself that the entire subject at the bottom should be deleted. Mr. Henning said it should read, pursuant to Ordinance 0-85-38, "No off -premises consumption - 2 a.m. to 8 a.m..." V/M Massaro said there should not be hours.stated. Mr. Henning con-�inued that the ordinance states that there will be no on -premises consumption from 2 a.m. to 8 a.m. He said under the extended hours permit it would read "No on -premises consumption 7 days a week, 2 a.m. to 7 a.m.". He said it would also react- "New Year's Day - Closing at 4 a.m. and the day after St. Patrick's day (3/18/85)". V/M Massaro said the statement that no off -premises consumption 2 a.m. to 8 a.m. does not belong in there at all because there is no off -premises consumption involved in this permit. She reiterated that the hours should be eliminated. Mr. Henning said somewhere it should read "On -premises con- sumption only". He said package stores can sell over the counter. V/M Massaro said this is not a package store. Council determined that the statement pertaining to off -premises consumption from 2 a.m. to 8 a.m. should be deleted. V/M Massaro MOVED that the special permit for extended hours Ordinance 85-38 be approved for the Oasis Lounge for a three- year period and the fee of $500 has been paid. Mr. Henning clarified that this will allow opening at 7 a.m. instead of 8 a.n., Seven clays a week for three years. Mr. Henn-_ng asked Council if they wanted the two holidays to continue with the 4- a.m. closing and Council indicated that they did. SECONDED by CAI Stein. V/M Massaro said, in view of the fact that this application had been signed, she wanted it clear that the hours indicated at the bottom have been erased and are of no substance. Mr. Henning asked that a report of Council action be attached to the application. VOTE: ALL VOTED AYE 20- 7/10/85 /vdw 1 1 GENERAL ADMINISTRATIVE/FINANCIAL 12. Public Works Department - Discussion and possible action to confirm the City Manager's appointment of Michael Couzzo as Public Works Director (tabled from 6/26/85). SYNOPSIS OF ACTION: TABLED to next regular meeting on 7/24/85. V/M Massaro said she would like to see Mr. Couzzo appointed as Public Works Director but asked that it be withheld to the next regular meeting on 7/2.4/85 to allow Council to investigate the salary question. She said she would like to look into any new agreements that are being made so that Council can evaluate what they are doing with vacation time and sick leave. V/M Massaro MOVED to TABLE this item to the next regular meeting. SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE 16. Trip to New York on 2/28/85 by Elly F. Johnson, Cit Manager, and Stephen Wood, former Finance Director - Discussion and possible action and status report on a request by the Charter Board for the following information: a: What was the purpose of the trip. b) Was the trip authorized. c) By whom and the date authorized d) Was a report given to the City Council. SYNOPSIS OF ACTION: TABLED subject to further investigation by the Charter Board C/M Stein said payment was approved based upon the following:__ a) 'The purpose of the trip was to discuss the issuance of -t-he bonds (b) The trip was authorized by the City Manager who claimed he had the authority to do so, (c) The date was 2/28/85 (d) The only report given to City Council was that it was not prudent to proceed at that time because of the ESM situation. He said Council received a report that they had made a presentation to both of the rating companies which was well received but upon advice from Council and the City Attorney, application was withdrawn for rating at that particular time. C/M Stein MOVED that this item be REMOVED from the agenda. C/M Stein said Council approved that Mr. Johnson did not have to refund any part of the money expended for the trip. C/M Gottesman asked if the report referenced by C/M Stein was a written report because he did not remember seeing it. Mr. Henning said if Council reviewed the Reports to Council about the time ESM was discussed mention of this trip would be in that area. Mayor Kravitz said this was done at the request of the Charter Board and asked if they would like to reply. Zeke Feldman, Charter Board member, said he felt something was being covered up. He said according to his spread sheet, Mr. Johnson flew to New York to get a rating on the bonds and, under the Charter, he had to have permission to make this trip. He said Mr. Johnson's face was $169 and he charged his breakfast. Mr. Feldman said he also spent $131.90 for a hotel registered under Dean Witter. He said he questioned that if he went on the trip for the benefit of the City of Tamarac why he registered under Dean Witter. He said Mr. Johnson also charged for a lunch after he returned home in the amount of $12 but added that Mr. Johnson had his lunch on the plane. He said there was an expense of $15 making -.-a total of $539.90 that the city paid for that trip. -21- 7/10/85 /vdw J Mr. Feldman asked why this information could not have been obtained by a telephone call. He said the notice of the bidding of the bonds, which cost the city $2,000 to publish, read, "For further information, contact the City of Tamarac", with a telephone number and "Dean Witter Reynolds"in Tallahassee. He said when they went to New York they had no author-izatian. Mr. Feldman challenged C/M Stein to show him where Mr. Johnson had the authority as it was implied only. C/M Stein said that he informed that they had a report whereby the City Manager said he had the authorization. Mr. Feldman maintained that this subject pertains to Resolution 85-20 because it is about bonds, whether it is the rating, selling or buying of bonds. He referenced Resolution 85-20 "Whereas, it is necessary for the City Council to prescribe the method of providing notice of sales for said bonds, providing a date for the sale of the bonds, approving an official sale notice and authorizing all other action necessary in regard to the competitive sale of the bonds". He said they had to have permission from the Council and he can not see anywhere that they were given permission to make that trip. Mayor Kravitz said there was a MOTION to remove the item. SECONDED by C/M Munitz. Mr. Henning said he was a little confused by the memo from Mr. Feldman and said he did not know if he was speaking on behalf of the Board or individually. He said he did not understand the referenced 3.03A which discusses that they report to Council as to any investigations the Charter Board makes. He asked if the Charter Board has conducted an investi- gation, and if they are, the Chapter he referenced states that they should report to Council what the conclusions of their investigation are and then Council has 30 days to take appropriate action to obtain refunds, adjustments, explanations or whatever. Mr. Henning said he looked into the Charter under Section 503b and learned that they have the right to request city staff to give them information. He said if they want the information it could be accomplished b_y contactipp'the City Manager, City Clerk or Finance Department without having this item on the agenda. He said Section 802a of the Charter authorizes them to investigate but he still did not see the need for it to be on the agenda. Mr. Henning-sa.id._._a person c-a-n-- go_to New- Yo-rkT- return fro7n New York within 24 hours and not get a Supersaver Discount at $99. He said they also can not accept the fact that hotels are at least $100 per night in Manhattan. Mr. Henning said another well known_f_act _is _that...__S.t-an Russ_ who -is t-h-e- - authorized financial. advisor for the city for the bonds works for Dean Witter and it is possible Stan Ross made the reservations for Mr. Johnson and Mr. Wood and signed them "Dean Witter" instead of Tamarac. Mr. Henning said if they want Council to pursue obtaining a refund of $15, c n be looked into. GI Stein explained that no one on the Council is questioning the Charter Board's authority to make an investigation. He said he asked that it be removed from Council's agenda because there is nothing to discuss. He said the Charter Board can come back with their recommendations and then Council would have something to act on. -22- 7/10/85 /vdw J C/M Munitz said that Mr. Henning made a good point because at no time has Mr. Feldman indicated his relationship with the Charter Board and questioned if he was speaking as authorized by the Charter Board and if he is, when was this authorization given. Mr. Feldman said at the last Charter Board meeting they decided to authorize him to obtain further information on this subject. He advised Mr. Henning that they were not talking about $12 or $15 but rather money that does not belong to them for which they filled out a voucher. He said they also have a charge of $7.07 for a telephone call to Mr. Wood's personal residence and asked Mr. Henning how he would explain that. Mr. Henning addressed Mr. Feldman's concern that they should have negotiated the bond ratings over the telephone and remarked that Mr. Johnson informed them that they did not have a rating and their appearance was requested. He said, according to Mr. Johnson, the rating institutions refused to give the city -.a._ rating on $8 million dollars' worth of bonds based on a telephone call. Mr. Henning said as far as charging calls to his personal r-esiden-c-e, -tk�at may need to -be looked into. Jim Godin, Charter Board member, asked if the Charter Board requested having this on the agenda. Mr. Henning said they were told at the Pre -Agenda Meeting, under threat of the Charter, that Council would be investigated if they did not place this on the agenda. Mayor Kravitz said they had a letter to that effect. Mr. Godin said he did not know where that letter originated. Council informed him that it was from the Charter Board. Mr. Godin said all they were seeking was information to clarify the situation and did not expect it to be blown up to these proportions. C/M Munitz asked Mr. Godin if he was saying that the only action taken by the Charter Board was to seek and request information. Mr. Godin said they were seeking information and that he suggested that they send a letter because Mr. Johnson had a heavy schedule and if he wanted to make an appearance, it would be okay if he had the time. He said the only thing added was that a copy should go to Council so they could be aware of what they were doing. Mr. Henning asked if they had received copies of the checks, plane tickets, etc. from the Finance Department because they were directed to do so. Mr. Godin said they were receiving information which was revalent when the other administration was in and signing vouchers but now the rules have changed and there are receipts. -23- 7/10/85 /vdw 1 LJ Tape Mr. Henning said that Finance was directed to give all the 5 information they had on the subject to the Charter Board. Mayor Kravitz stated that there is a MOTION to REMOVE the item. SECONDED by C/M Munitz. V/M Massaro said that instead of removing the item that it be returned to the Charter Board asking them to complete their investigation and then give Council the results so that appropriate action may be taken, if necessary. C/M Stein WITHDREW his original MOTION to REMOVE the item and C/M Munitz WITHDREW his second. C/M Stein MOVED to.send the item back to the Charter Board for their investigation and they are to report back to Council and then, Council can take such action as they see fit. Mr. Henning said this would be a MOTION to TABLE awaiting the action of the Charter Board. SECONDED by V/M Massaro. VOTE: ALL VOTED AYE Mayor Kravitz recessed the meeting until 1:30 P.M. for lunch, ROLL CALL: PRESENT: Mayor Kravitz V/M Massaro C/M Gottesman C/M Munitz C/M Stein 15. Tamarac Veterans Park (Cypress Creek Commons) - Discussion and possible action to direct the City Planner and Vice Mayor Massaro to develop a cost efficient beautification plan for shading the picnic area and to report to the Council prior to implementation. SYNOPSIS OF ACTION: AUTHORIZED V/M Massaro and City Planner to develop a cost efficient beautification plan for shading the picnic area and to report to Council prior to implementation, V/M Massaro said she was requested by the Parks Commissioner to try to obtain trees for the picnic area. She said there are some trees available at no cost other than the transportation costs incurred by the city. She said if Council directs, she along with Richard Rubin, would seek what is available and determine the cost to transport and plant them and report their findings to Council for consideration. C/M Gottesman MOVED to AUTHORIZE V/M Massaro and Richard Rubin to work together for possible action to effect beautification of the picnic area in Veterans Park. SECONDED by C/M Stein. VOTE: ALL VOTED AYE 14. Tamarac Park Satellite Building -- Status Report - Discussion and possible action on the construction contract. SYNOPSIS OF ACTION: (See Pages 2, 18 - 20) Motion made to reconsider item 14 b); APPROVED $1500 payment to Varker Construction Company for truss work -24- 7/10/85 /vdw V/M Massaro MOVED to remove 14 b) from the TABLE for recon- sideration. SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE C/M Gottesman explained that this crew was brought in on very short notice and did a job for the city at a price of $1500 and has nothing to do with 14 a). C/M Gottesman MOVED to AUTHORIZE payment of the $1500 to Varker Construction Company. SECONDED by V/M Massaro. VOTE: ALL VOTED AYE UTILITIES WEST 10. Northwest Force Main (Project 84-6) - Discussion and possible action to approve an agreement with Williams, Hatfield & Stoner for additional services to revise the City's grant application in accordance with an amendment to the 201 Facility Plan. SYNOPSIS OF ACTION: (See Page 10) APPROVED payment o $2400 to Williams, Hatfield & Stoner charged to Account #432-367-538-649 V/M Massaro MOVED the APPROVAL of payment of $2400 to Williams, Hatfield & Stoner, Project 84-6, charged to Acct. #432-367-538-649. SECONDED by C�%M Munitz. VOTE: ALL VOTED AYE GENERAL"ADMINISTRATIVE/FINANCIAL 17. Traffic En ineerin Stud - Agreement with Kimle -Horn & Associates - Discussion and possible action to approve: a Addendum No. 1 to agreement to provide for submission of monthly invoices to the City Planner b) Payment of Invoice No. I in the amount of $2,498.55 c) Payment of Invoice No. 2 in the amount of $288.87 SYNOPSIS OF ACTION: a APPROVED AS AMENDED; b) & c) APPROVED; d) AUTHORIZED to negotiate a settlement for a reduction in the fee Agendized by consent_ (See Page 1) a) V/M Massaro said they have an Addendum No. 1 and asked Mr. Henning if he felt the number should be changed. Mr. Henning said Addendum No. I should be changed to "Addendum No. 2". He said he recommended approval based on an approval by the previous City Manager as he would be the liaison to review the work of the Consulting Engineer. V/M Massaro MOVED the APPROVAL of Addendum No. 2 of the agreement to provide for submission of monthly invoices to the City Planner. SECONDED by C/M Stein. VOTE: ALL VOTED AYE b) V/M Massaro MOVED APPROVAL of the PAYMENT of $2 498.555 which is Invoice No. 1 against Task Force 14. SE'CONDED by C/M Gottesman. Mr. Henning said this is charged against the $32,000 contract fee. VOTE: ALL VOTED AYE -25- 7/10/85 /vdw c) V/M Massaro MOVED the PAYMENT of Invoice No. 2 in the amount of $288.87. SECONDED by C/M Gottesman. Mr. Henning explained that this item is No. 5 outside the contract consisting of the hourly rates paid to the experts for various meetings and is in addition to the $32,000. VOTE: ALL VOTED AYE d) V/M Massaro said that Council should not have .allowed this to be considered at all because throughout the years the city has not permitted them to touch 64th Avenue as far as the portion that is adjacent to Woodlands. She said a letter was received from Woodlands indicating their opposition. V/M Massaro referenced a letter in Task 2, page 4 of 9, subsection k, which stated ifreduction in fee will be negotiated if the city directs that the scope of work in the Task Order be reduced before the Task is started or completed". V/M Massaro -- said that t-s- why it --was agendized bee -awe they -do not want it. She suggested that they be asked to remove it and someone negotiate a reduction in the fee and so MOVED. SECONDED by C/M Stein. She cautioned the City Attorney that there was a section that ,requires that it be done in a specific way. Mr. Henning replied that he had included it in the amendment to strike that sentence from the paragraph which reads, "As part of this modeling process the consultant will analyze the future need for improving N.W. 64 Avenue between Commercial Boulevard and N.W. 44th Street to a four or six lane facility". VOTE: ALL VOTED AYE 21. Broward County Committee for Community Development - Discussion and possible action to select a City repre- sentative to the annual election meeting of this committee. SYNOPSIS OF ACTION: V/M Massaro appointed to serve as liaison to this committee. V/M Massaro said Richard Rubin, Consultant City Planner, indicated that there is nothing they can do to obtain any grants from this particular organization and she requested that he address it. Mayor Kravitz said that is not the issue now but the point is Council can appoint somebody and then when it comes up, it still has to be ratified by Council. V/M Massaro asked what had to be ratified. Mayor Kravitz said anything that comes up in the way of a grant. V/M Massaro said it will never come to Council because according -to Mr. Rubin the city does--not--h-ave a chance,.- C/M Stein asked to be appointed to attend and Mayor Kravitz suggested that the liaison to that committee be Council's representative. V/M Massaro said she is the liaison for that committee and she would accept the appointment. C/M Gottesman MOVED to APPOINT V/M Massaro to serve as liaison to this committee. SECONDED by C/M Munitz. VOTE: ALL VOTED AYE -26- 7/10/85 /vdw 22. Broward League of Cities Business - Discussion and possible action. SYNOPSIS OF ACTION: REPORT given by Mayor Kravitz Mayor Kravitz reported that the next meeting will be held on July 18, 1985 at Justin's, and the program consists of three items. He asked tho u- who are interested in attending, please contact Counc7..l's ei--IA_ce. He distributed copies of the July 2, 1985 Board mi__i-itaa. Mayor Kravitz informed that Acting Mayor Bob Butter::>?orth is sponsoring an open house prior to the league meetin.- on July 18 from 5 : 30 p.m. to 6 : 30 p.m. and all league members are welcomed. He said this function will be held at Sunrise City Hall. 23. Northwest Council of Mayors Business - Discussion and possible action. SYNOPSIS OF ACTION: REPORT given by Mayor Kravitz. Mayor Kravitz reported that they met Monday, July 9, 1985, and as a result of the subcommittee, it was recommended that in order to keep the costs down, they meet each month in a different city and that the secretary of that city will take the minutes, and distribute them at no cost to the cities. Each hosting city will provide lunch, at no cost, to those attending. Mayor Kravitz informed that if the ten cities of the Northwest Council of Mayors voted together they would have 31 votes, based upon population, as opposed to Fort Lauderdale and Hollywood's combined votes of 32. He said that he viewed this as an inequity that two cities'votes can wipe out all ten. The Northwest Council of Mayors recommended to the Broward League that they consider changing the voting structure. He said the Broward League presented it to their Board and DENIED the Council's request because they do not feel that it is necessary to change the voting method. He said it was TABLED Monday for next month's meeting which will be held in Sunrise. He added that the Acting City Manager and C/M Gottesman were in attendance. -27- 7/10/85 /vdw 1 J PUBLIC HEARINGS - 2:00 P.M. 24. Copans Self Storage, Inc. - Rezoning Petition #13_Z-85 - Temp. Ord. #1207 - Discussion and possible action to rezone lands -on the west side of NW 79 Avenue, approxi- mately 225 feet north of NW 57 Street, and extending northwardly for approximately 360-feet, from B-2 (Planned Business) to B-3 (General Business). First Reading. a) Acceptance of Affidavit of Publication, Affidavit of Mailing and Affidavit of Posting b) Consideration of application SYNOPSIS OF ACTION: a ACCEPTED b) DENIED Temp. Ord. #1207. on First Reading Public Hearing was held. b) Mr. Henning read Temp. Ord. #1207 by title. a) Assistant City Clerk Carol Barbuto.acknowledged receipt of Acceptance of Affidavit of Publication, Affidavit of Mailing and Affidavit of Posting. V/M Massaro MOVED to APPROVE the Affidavits of Publication, Mailing and Posting. SECONDED by C/M Stein. VOTE: ALL VOTED AYE b) Dick Rubin, Consultant Planner, stated that the petition before them is to rezone a parcel of land less than five acres on the west side of 79th Avenue, north of 57th Street, south of the Tamarac Nursing Center. He said the rezoning request is to rezone the land from its present B-2 classification to B-3. He said a recommendation was written on June 12 to the Planning Commission the Planning Commission heard the item on June 21 and recommended that the rezoning be DENIED. Mr. Rubin said staff had reviewed the application and for the reasons cited in the June 12 memo, he also recommended DENIAL of the rezoning. Mr. Rubin said the applicant has a slide presentation which is very thorough and clear and evidenced that he is a very articulate speaker. He asked that the applicant be allowed to speak now and if Council wishes, he will then give the reasons cited in his June 12 memo for DENIAL of the rezoning. Mr. Henning asked that Mr. Rubin read his July 12 memo for the record so that the public will know what he based his conclusions on. Mr. Rubin read., "The applicant proposes to rezone a parcel of land on the west side of 79th Avenue, north of 57th Street, from B-2 to B-3 for specific purposes of constructing mini - storage facilities. It is the recommendation of the Consultant Planner that the rezoning be DENIED for the following reasons: 1. B-3 uses are generally placed adjacent to regional roads; NW 79 Avenue is a minor collector. 2. This parcel of land was ordered by the Courts to be rezoned to B-2. It was previously planned by the City for this parcel to be residential; therefore, increasing intensity to B-3 would further reduce the character of the area. 3. NW 79th Avenue acts as a major entrance to Edgewater Village;based upon the pending development of Midway Plaza to the East, NW 79 Avenue has the potential to become a minor service road for trucks and adding mini -warehouses to the road would further jeopardize the residential entranceway to Edgewater Village to the North. 7/10/85 /vdw 4. If the rezoning is approved to B-3, there are other uses permitted in B-3 that are even more intense that would even further exasperate the character of the neighborhood. And, as you know, when we rezone to B-3,. it is not for specific use; it is to allow all the uses allowed in the B-3 classification. Bill Tennerman, Vice President of Copans Self -Storage, Inc., said the use that they are talking about generates very little traffic compared to any B-1, B-2 or B-3. He said the land has always been zoned as B--2 and it was -the city -s _eff-orts to_ rezone_ ._.moo residential that was later reversed by the Courts. Mr. Tennerman referenced reason #4 of Mr. Rubin's memo and reported that he had submitted a letter to Council indicating that he would be willing to deed restrict the property, since it has not been platted, regarding height and use. He explained that alternate uses that are allowed in B-3 would be nixed other than their proposed use. He said he would be willing to incorporate any other site plan recommendations such as landscaping as recommended by Council. Mr. Tennerman presented an eight -minute slide and audio presentation. Tape 6 Mr. Henning said they know the concept but they still do not know what the site is. He said this is not a site plan review but merely a rezoning hearing however, he said they should be advised of the proposed site plan and an understanding of height restrictions and entrance locations. Mr. Tennerman said that on setbacks in the B-3 zone: the side yards are 25', the front is 50' and the rear is 50'. The height limitation allowed in B-2 is 40' and in B-3 it is 50' and they have indicated that they will deed restrict their height to 10'. He said regarding the setback area 29% of the total area is landscaped. He said in the rear and the side. yards where the neighbors would be most sensitive to their development there is no parking, no driveway and is fully landscaped. He said the front of the property only has one driveway in and one driveway out with a security gate system in front. Mr. Tennerman said that each bay is given a code and that code when punched into the gate chamberi will allow the person to enter unless there is something wrong in their bay He said the computer also keeps track of what day they came, what time they came in and left and can accurately tell how many people were there and so forth. He added that was how they knew their traffic counts. He said he finds it not only helpful in their day-to-day management but in their business management of their rents, etc. He said there is not an on -site living manager but there is a manager on site at all times during working hours which during the week is usually 7 a.m. 7 p.m. and on the weekends it is 9 a.m. to 5 p.m. Mr. Tennerman said there were no vehicular driveways along the rear and everything is self-contained within the driveway. He said all the business inside is not visible to anybody on the outside. He said they have proposed to use decorative block walls to try to blend in and make an attractive facility that is very limited in its impact on the neighborhood as a whole. He said there is a problem with traffic backing up on that corner with the Post Office located there. He explained that the fact that this property is zoned B-2,there could be an -29- office building or a number of things that would generate more traffic than what they are proposing. Mr. Tennerman said they are buying the entire acreage from the corner all the way back and they are only requesting rezoning on this particular piece and the balance of 57th Street will remain zoned as B-2. Mr. Henning asked the proposed use for the B-2. Mr. Tennerman answered that, ideally, although they have not done a full feasibility on it, they would probably build professional offices and added that, in their opinion, it does not lend itself to retail because it is not on a main street. Mayor Kravitz opened the hearing to the public. Carl Alper, resident, said that the application before Council is to put a warehouse facility in an area which prohibits it presently. He said the land is zoned B-25which does not allow warehouse facility,so the applicant is seeking to rezone to B-3 and he stated that he is opposed to the rezoning for the following reasons: 1. He said he believed that it is illegal spot zoning contrary to Florida law. 2. The Planning Commission unanimously DENIED the petition and urged Council to support the Commission. 3. He said after many months of discussion and many meetings, a comprehensive plan was adopted by the city permitting storage facilities in Land Section 7 and Land Section 7 would be ideal for this storage facility. 4. He said it has been his observation and experience, that wherever storage warehouses have been erected, surrounding property values have gone down precipitously. 5. He said what it does attract, because it is uninhabited, is a great amount of burglary and thievery. He said unlike a home, which is occupied, a storage facility is an open invitation to burglary and said there are more breakins to this type of facility than any other. 6. People can store all kinds of things, perhaps even dangerous things. Mr. Alper said storage facilities add to police and fire stress and add to police and fire budgets. Mr. Alper asked that Council support the Planning Commission and deny the petition. Alexander Hoffman, resident, said that he realized that changes should come about but that they should be for the better and not for theworse . He said no one is complaining about the B-2 zoning but to rezone that area to B-3 to allow warehouses to be built will cause problems. Mr. Hoffman said it would increase commercialization of the area in the vicinity of private residents, bring in large moving trucks - additional traffic hazards. He said the warehouses may be a dumping ground for drug -related criminal evidence as no one checks the contents of the packages. He said the proposed warehouse will cause consternation and anxiety to the mostly retired residents of that area who have invested their life savings in their homes. He asked that the petition for rezoning be DENIED. -30- 7/10/85 /vdw Homer Searle, resident, said any closed container, even if it is empty, can be considered an explosive item He said a warehouse is an industrial item and that the proper place for that would be on the other side of 94th Avenue and about a half a mile west of Commercial Boulevard. He said the rezoning request should be DENIED. Julia Searle, resident, said it would create more pollution because there will be bigger trucks, more traffic, and the property values will go down. Carl Rosenfeld, resident, said that he is sure that the proposed nursing home would not want the storage building in front of them. He questioned how many units or doors are proposed for this development. Mr. Tennerman said he did not know the exact number but that it would probably be around 650. Mr. Rosenfeld said the proposed building is - detrimental for the entire area and emphasized how much he was against it. George Goldstein, resident, said that in many of the warehouses people run mini -businesses which will generate additional traffic. Sol Wish, resident, said he had complained on numerous occasions about the excessive traffic on 57th and 79th Avenue. He said the Post Office has already created a tremendous traffic problem and if the warehouses are permitted, it will cause a tremendous blockage. Max Offenberg, resident, said to permit the building of the warehouses would be a blight to the area and would be lowering their. --taxable income rather than increa-six4g- Lt . 1 Bernard Weikis, resident, said he could give the people a tour to give them an idea of what effect a warehouse can have on an area. He also stated that there are a great number of accidents on 79th Avenue generated by the Post Office traffic. Mr. Tennerman said people kept using the word "warehouse" and clarified that they are not a warehouse but a dead - storage facility. He said the differences are: 1. The size and design of the bays are much smaller in a mini -storage. 2. There are no utility services such as toilets, plumbing, water pipes, or electrical outlets except for the electrical outlet over the top to allow a light bulb in each bay. 3. There are no extra parking spaces in front of the bays. 4. There are no store leases. He said the storage leases explicitly spell out and prohibit the use of the bay for any use other than dead storage. 5. The building; will be issued only one occupational license for the entire project for the exclusive use of dead storage and any other store could not come in and legally get a license to operate. Mr. Tennerman said they own two of these facilities and are in the process of building three more. He said the company that manages their facilities owns 12 and that in their history, since 1969, they have but one fire and it was not related to storing dangerous items. -31- 7/10/85 /vdw He said their computers monitor the amount of traffic and that this facility will generate far less traffic even if there were single family homes there. Mr. Tennerman said the nursing home has a vested interest in the area as they have closed and bought their land and, if they were worried about the value of their property, he was certain that they would be present to speak against it. He said he has attempted to contact them and has not heard from them. Mayor Kravitz closed the public hearing. Mr. Henning said that he understood Mr. Tennerman to say that this was not his first project in this type of business and asked him other locations in Broward County that he operates. Mr. Tennerman said they just opened a facility on Copans Road in Margate in the new industrial section. He said across the canal from the facility is Coconut Creek and the property is zoned residential. He said the second facility is located on Sample Road east of Powerline across from Crystal Lake and west of I-95. He said on the other side of the lake is residential but behind them is a trailer park. Mr. Henning asked how many lanes was Sample Road at that location. Mr. Tennerman said they have just expanded it to four and soon it will be six. Mr. Henning asked if there was a median there. Mr. Tennerman said that there was a median. Tape He said there is a third location in Plantation on N.W. 18th 7 Street, east of Sunrise west of the turnpike. Mr. Henning asked if there were high schools near there. He replied that there was a high school and noted that it was located east about a quarter of a mile. He said it was on a two lane road very similar to the location proposed to Council. Mr. Henning asked if there were any other locations. Mr. Tennerman said there was one on Dixie Highway in Pompano. He said it was really behind Dixie Highway and does not actually front on it north of 62nd Street, Cypress Creek Road. Mr. Henning asked if that particular location had a trailer park on one side, railroad tracks on the other side and ware- houses on the other side. Mr. Tennerman indicated that Mr. Henning was correct. He said they have no other facilities in Broward County but they do have in Lake Worth County and in Palm Beach County they have one in Delray which is just about to get started that will be near Jog Road and Atlantic Avenue and is right across the street from Cocoa Ridge Subdivision. He said Atlantic Avenue has four lanes. He said there is one located in Lake Worth, on Military Trail and Lake Worth Road right across the street from a shopping center and in the rear of that facility are single-family homes. _82_ 7/10/85 /vdw J Mr. Henning asked if it was typical in this industry to develop in a fully -developed area or to go to an outskirts area and have the area grow to you. Mr. Tennerman explained that in selecting a site they try to select one towards or outside of growth or near it. He also stated that they try to get into an area where they are surrounded by people on all four sides. He said he did investigate Land Section 7 as a proposed site but decided against it because their business is one of convenience for people to come by once a week or maybe once a month to inspect their possessions and they have to be in an accessible location or they will not utilize their service. Mr. Henning asked if it was typical for this business to be a long-term permanent business or would it last maybe ten to fifteen years F-t this location before selling the land. Mr. Tennerman answered that he has never owned one for that long but he said the building, with normal maintenance, could easily last twenty years or longer. Mr. Henning asked if this system was similar to the Public Storage System (PSS). Mr. Tennerman said it was similar but much nicer. He said they do not have outside turbines but their air system flows under the gutters, there is nothing on the roof and they use concrete block,which costs three times as much as regular block. He said they make a real effort to stylize their facilities. Mr. Henning asked if the building they have a picture of was a ten -foot building. Mr. Tennerman answered absolutely. He said there is a ten - foot wall. Mr. Henning asked if he was proposing a deed restriction, along with the ten -foot height, which, in essence, would be a B-2 zoning plus mini -warehouses. Mr. Tennerman said that was correct and read exactly how he phrased it in his letter to Council: "We as developers/ owners are willing to deed restrict the subject property through platting or some other means mutually agreeable and said restrictions would include limiting proposed facilities to a building height of 10' which is about l' less than the height of the houses across the canal together with a use restriction prohibiting all B-3 uses not allowed in B-2 except for self storage". V/M Massaro MOVED that the petition be DENIED. SECONDED by C/M Gottesman. C/M Munitz said it Coes not belong where it is proposed to be put and he expressed his opposition. C/M Stein said it was the will of the people that they do not want this facility in their area and he endorsed the DENIAL of the petition. -33- 7/10/85 /vdw Mr. Henning said it was no secret what the will of the neighbors is but the people also have some property rights within the law to be considered by this Council. He said a couple of points indicated that were on their side were that: Tamarac is concerned with storage outside of boats, and there are parking lots for recreational vehicles need in the appropriate place for some storage because of strict ordinances which prohibit outside storage in residential areas. Mr. Henning said he was concerned, according to the Code Book, because, on the one hand, they want to come in as storage warehouses, B-3 only, which has no restrictions. He said a deed restriction plus storage subverts the zoning intentions and comes close to contract zoning. He said the alternative is a more lucrative approval of B--3 in general and then the door would be open to a lot of other uses and felt that there was no winning proposition either way. He said B-3 is the most liberal, commercial area in zoning within 'Tamarac and added that there is virtually no B-3. Mr. Henning said through the testimony of the petitioner, most of the applications are on four -lane highways with median strips for access, railroad tracks and other warehouse areas not fully developed. He said the proposed site is within an area that has been quiet for many years and now is about ready to blossom with much development. Mr. Henning said it is probably a very reputable business and that there should be no insinuations that drugs would be stored there or explosives. He said in the right place it would probably be an asset to a community but he did not think that they have selected an appropriate place for B-3 zoning at this hearing. V/M Massaro MOVED that Copans Self -Storage, Inc.'s Rezoning Petition #13-Z-85, Temp_._Ord. #1207 be DENIED on first reading. SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE 25. Blue Dolphin Restaurant - Jack Rosenfield - S ecial Exce tion Petition 1 -Z- - Temp. Reso. #3692 - Discussion and possi le action to grant a Special Exception to allow this restaurant to expand into the next door bay at 8114 University Drive for additional seating capacity. SYNOPSIS OF ACTION: APPROVED Temp. Reso_. #3692 Resolution No. R-85-224 PASSED Public Hearing was held. Mr. Henning read Temp. Reso. #3692 by title. Mr. Rubin said this has been reviewed by the Planning Commission and that they recommended allowing the extension as requested by the applicant. He said the Planning Commission expressed concern as to whether there was enough parking provided by Code. He said he did an analysis of the parking history as requested by the Planning Commission, and distributed a memo dated July 10, 1985 which states that in 1982 a parking waiver was granted for nine (9) spaces at this center and that since there wet-e 158 provided it would bring the total to 167 spaces allowed by Council. Mr. Rubin said the total parking required, based upon analysis of the usage, is 156. He said the Blue Dolphin would add only two more spaces by expanding into that bay plus the four spaces already assigned to that particular bay. He said 167 spaces would be adequate to comply with the code requirement including allowance for the Special Exception if it were approved. Sim 7/10/85 /vdw j Mayor Kravitz opened the public hearing to the public. Carl Alper said there is plenty of parking available at the restaurant and that it is a desirable place that is well patronized. Mayor Kravitz closed the hearing to the public. C/M Stein said that it was not reasonable to talk about six parking spaces for a restaurant. Mr. Rubin clarified that there are already spaces assigned to Blue Dolphin Restaurant. He said the space that they wish to expand into is 800 sq. ft. so at a 1 to 200 ratio, which is normal retail_ ratio, four spaces would be required. He said for restaurants it is one car for every 125 sq. ft. which requires six (6) spaces and the additional bay will also provide an additional six spaces. C/M Gottesman said that it has been his observation that most of the businesses in that particular area have already closed around 4:30 or 5:00 and he felt there would be ample parking space there. Mr. Rubin said that was an excellent comment as the Code does not allow mixed uses or shared parking but this restaurant is open at night when the other retail spaces are not being used. V/M Massaro MOVED to APPROVE Temp. Reso. #3692 for Special Exception Petition #14-Z-85. SECONDED by C/M Stein. VOTE: ALL VOTED AYE 26. Sunset Isle Maintenance Association 13, Inc. - Rezoning Petition 15-Z-85 - Temp. Ord. #1208 - Discussion and possible action to rezone the lands adjoining the Recreation Area of Mainlands 13 on the north side of NW 59 Court, and being bound on the east by NW 84 Terrace and on the west by NW 85 Terrace, from R-1 (Single Family Residential) to S-1 (Open Space/ Recreational). First Reading. a) Acceptance of Affidavit of Publication, Affidavit of Mailing and Affidavit of Posting. b) Consideration of application. SYNOPSIS OF ACTION: a APPROVED b) APPROVED Temp. Ord. #1208 on first reading. Public Hearing was held. Mr. Henning read Temp. Ord. #1208 by title. a) Assistant City Clerk Carol Barbuto acknowledged receipt of Affidavits of Publication, Mailing and Posting. V/M Massaro MOVED to APPROVE the Affidavits of Publication, Mailing and Posting. SECONDED by C/M Munitz. VOTE: ALL VOTED AYE b) Mr. Rubin said the application was made to correct a mistake made by the original developer. He said the Recreation Area was built and part of it was built on S-1 and another part on property zoned R-1. He said the application requested that the R-1 property be rezoned to S-1. Mr. Rubin said the city is always looking for more open space and support the applicant's request. -35- 7/10/85 /vdw J Mayor Kravitz opened the meeting to the public. 1 Irving Fuchs, resident, said they want to save the tax money that they are paying on the lots and asked for favorable consideration from Council for the rezoning. Mayor Kravitz closed the meeting to the public. V/M Massaro MOVED the APPROVAL of Petition #15-Z-85 - Temp. Reso. 1208 on First Reading. SECONDED by C/M Munitz. VOTE: ALL VOTED AYE COMMUNITY DEVELOPMENT 30. Colony West Associates - Rezonin& Petition #3-Z-85 - Temp. Or - Discussion and possible action to rezone the Shops of Tamarac Shopping Center (Platted as Colony West Shopping Center( (less the lands and buildings owned by Broward County for a Library) from B-1 (Neighborhood Business) to B-2 (Planned Business). Second Reading. (Public hearing held 3/13/85). SYNOPSIS OF ACTION: TABLED to a future meeting at Mr. Eden's request. C/M Gottesman suggested that this item be removed because Mr. Eden has not come in. V/M Massaro said that would not be fair. C/M Gottesman suggested that it be TABLED because Mr. Eden has not settled that parking situation• He said he could provide photographs to document that it is an unsafe area. V/M Massaro said his plans would. not increase the parking but would increase Mr. Eden's ability to keep the stores rented. She said there are items in B--2 zoning that are not any worse or more than in B--1. SECONDED by V/M Massaro. VOTE: ALL VOTED AYE Mr. Henning asked that the Report of Action indicate that this item was TABLED awaiting a meeting with Mr. Eden so that when he receives the report, he will know to come in and see Council about it. 31. Island Club Apartments - Discussion and possible action on: a7 Revised site plan - Temp_. Reso. #3696 b) Temporarily waiving the platting requirements in Chapter 20 of the Code in order to construct a temporary fence around the construction compound - Temp. Reso. #3583 (tabled from 6/12/85). SYNOPSIS OF ACTION: a APPROVED Tem . Reso. #3696 AS AMENDED Resolution No. R-85-227 PASSED b) APPROVED Tem2. Reso. #3583 Resolution No. R-85--228 PASSED a) Mr. Henning read Temp. Reso. #3696 by title. Mr. Rubin recommended approval of the revised site plan. He said the Island Club Apartments requested approval for many housekeeping changes. He said the changes sought are: -Revising the off -site entrance detail as requested by V/M Massaro. He said there is an entrance and an old road constructed by a treehouse that has asphalt too wide and they have agreed to narrow the asphalt to 24' and install a swale drainage system sod, irrigate. and landscape. -Adding two project identification signs. -Revising cross section of the lake pursuant to the City Code change. He said they have decreased the width of the lake by 5' and located a force main which they have to work around. Mr. Rubin said they verified that it would still provide adequate water retention. -Relocation of the meter room -Realigning the dumpster so that they will be placed on an angle. -Removal of a fountain that they felt would be hard to maintain and will upgrade the landscaping of the cul de sac. 36- V/M Massaro asked if the driveway contained speed bumps. Sid Workman, partner, answered that they did not have speed bumps but indicated that there are speed bumps coming in through the treehouse property on Treehousp Lane that is existing. V/M Massaro said she was talking about the treehouse coming in to the property because she did not feel that the speed bumps belong in there when they are going to have that many units. V/M Massaro said the speed bumps have been outlawed and are damaging to cars. V/M Massaro said they would also have to do a certain amount of paving because there are holes. She said this would require an overcoat and this would be an auspicious time to eliminate the speed bumps and do them all at one time. Mr. Workman expressed no objection from his side as to elimination of speed bumps but stated that since this room is shared with another community they can not speak for them. V/M Massaro asked Mr. Henning if they can require them to remove the speed bumps Mr. Henning said if Mr. Workman has no objections, then they would have to deal with Treehouse. Mr. Workman said they have no objections and stated that he would attempt to get Treehouse to cooperate and remove the speed bumps as part of this cleanup operation but stipulated that he could not represent for the record that it was under their sole control. Mr. Henning said he thought the speed bumps would be illegal on a public roadway but this is private property. He said lie felt that they could deal with Treehouse. V/M Massaro said the plan has not been marked to indicate that they would repair the road and overlay. Mr. Workman said that he would like to agree to do that wherever it is necessary because he did not want to arbitrarily repave the whole road. V/M Massaro answered that he could not do a patch job without it looking bad and reasoned that he had anew project and that he should repave the entire road. Mr. Rubin asked if she was asking them to provide a 3/4" asphalt to level the road from Commercial Blvd to their property line. Mr. Workman said they discussed 1/2". V/M Massaro said it has to be 3/4" and asked that they initial the plan. She said the swale on the east side of the driveway is to be fully sodded with bahia grass because it is much more durable. V/M Massaro MOVED the APPROVAL of Temp. Reso. #3696 AS AMENDED. to include bahia fully sodded swales, elimination of speed bumps and to patch whatever needs to be patched on the entrance road from Commercial Boulevard and the entire entrance from Commercial Boulevarcl. to their new project to receive a new 3/4" overlay of asphalt. She asked that the words "if possible" be added to the elimination of the speed bumps. SECONDED by C/M Munitz. VOTE: ALL VOTED AYE _37_ 7/10/85 /vdw b) Acting City Manager Ferretti read Temp. Reso. #3583 by title. V/M Massaro MOVED the APPROVAL of Temp. Reso. #3583 permitting the waiving of the platting requirements under Chapter 20 for the construction of a temporary fence around the construction compound. SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE 32. Lawrence Property Group, Inc., Office Buildin - Discussion and possible action on: a) Stipulation #23 - Temp. Reso. #3699 b) Site Plan - Temp. Reso. #3700 c) Landscape Plan d) Water and Sewer Developers Agreement e) Water Retention Agreement Tape f) Right -of -Way Deed for 2-feet along McNab Road - 8 Temp. Reso. #3701 g) Utility Easement for fire hydrant - Temp. Reso. #3702 (to be located on the north side of McNab Road, east of NW 84 Terrace). SYNOPSIS OF ACTION: - a) APPROVED Tem . Reso. #3699 b) APPROVED Temp. Reso. #37GO AS AMENDED c) APPROVED d) APPROVED AS AMENDED e) APPROVED f) APPROVED Temp. Reso. #3701 g) APPROVED Temp. Reso. 2 a) b) Resolution No. R-85-229 PASSED Resolution No. R-85-230 PASSED Resolution No. R-85-231 PASSED Resolution No. R-85-232 PASSED C/M Munitz said a note from the Finance Department indicated that fees were due. Mr. Rubin said that fee was for a different site owned by the same people. He said there are no fees because the water and sewer agreements are before Council for approval. C/M Munitz asked if the information received by the Finance Department was incorrect. Mr. Rubin said that he did not believe it was correct. Mr. Henning asked the petitioners what the property was known as before and who did they buy it from. The petitioner replied that it was purchased from Richard F. Stephenson, Trustee. Mr. Henning said there is a Medical Arts Building which the Finance Department thought the property before Council today was a successor. Mr. Henning read Temp. Reso. #3699 by title. Mr. Henning said the stipulation was presented fully executed in deed restriction form and recommended approval. C/M Stein MOVED the adoption of Temp. Reso. #3699. C/M Munitz. VOTE: ALL VOTED AYE Mr. Henning read Temp. Reso. #3700 by title. V/M Massaro MOVED the APPROVAL of Tem . Reso. #3700. by C/M Stein. SECONDED by SECONDED VOTE: ALL VOTED AYE Mr. Rubin said this project is the same site as the Medical Arts Building approved in 1980. 7/10/85 /vdw �l c) V/M Massaro MOVED the APPROVALof the landscape plan as submitted. SECONDED by C/M Gotteman. VOTE: ALL VOTED AYE d) V/M Massaro asked Mr. Henning if he had picked up the guaranteed revenues. Mr. Rubin said the old site plan died in 1980. V/M Massaro said guaranteed revenues do not die. Mr. Henning said this was a "Catch-22". He explained that if the guaranteed revenues are continuing, then there are connections on the site that they should receive credit for and if there are no connections on the site, then no guaranteed revenues should be due. Mr. Rubin said in September, 1982 a refund was given to the --- applicant for the wat-er and sewer fee of $1,875. V/M Massaro said $150 pays up until Stepmber for those ERC's. Mr. Henning continued that an office building has been proposed and the water and sewer agreement requires one (1) 1" meter for 2--1/2 ERC's. He presumed that Mr. Rubin has informed that Council DENIED canceL`lingthe water and sewer agreement to the previous owners and they have been assessing guaranteed revenues since then. He said based on that logic, there are connections on site and they should not have to purchase additional connections. Mr. Henning said since there are no connections on there, then they should not owe $150. He said if they owe $150 that fee would be for bringing those connections up to date and they should not have to buy new ones because they only need 2 1/2 connections for the site. Mr. Rubin suggested that the applicant is willing to pay the full fee, $150 plus new water and sewer fees. He said they can discuss the connection charges at a subsequent meeting. V/M Massaro said, if this is a new contract, and they are paying the connection charges, that entitles them to six (6) months because it is platted before any further guaranteed revenues are required. Mr. Henning suggested that in order not to delay them that Council accept the water and sewer agreement minus $150 and review it in the future to see if they wish to make additional amendments,. C/M Stein said if they do that they will be entitled to connections that are not there anyway. Mr. Henning said if they are not there then they would have to buy new ones and if ,hey are there, then they will not have to buy them twice. The petitioner asked to be allowed to tender the sum subject to his legal opinion as to what is due. -39- 7/10/85 /vdw J 1 it Mr. Rubin noted that they would receive a check for $5,253.92 which represents: $1,090.00 for retention 3,825.00 for water and sewer fees 88.92 for drainage improvement fee 150.00 for guaranteed revenue - $5,253.92 Mr. Henning said that on the water and sewer agreement, page 4, paragraph 2, should indicate, "Yes, it is platted." and on page 6, III (a) insert "2 1/2 ERC's" at both places and with that amendment, he recommended approval of the water and sewer agreement subject to review by the attorneys after the presentation. V/M Massaro MOVED the APPROVAL of the water and sewer developers' agreement AS AMENDED and instructed the City Attorney to research to determine if the amount that has been charged is accurate. SECONDED by C/M Stein. ►01fix ALL VOTED AYE e) Mr. Henning said the fee is $1,090 and is included in the $5,253.92 check given to the Assistant City Clerk. He said the water retention agreement was presented fully executed and recommended the approval. f) g) C/M Gottesman MOVED APPROVAL of the water retention agreement. C/M Munitz SECONDED. ► llIrA ALL VOTED AYE Mr. Henning read Temp. Reso. #3701 by title. V/M Massaro MOVED the APPROVAL of Temp. Reso. #3701. SECONDED by C/M Munitz. VOTE: ALL VOTED AYE Mr. Henning read Temp. Reso. #3702 by title. C/M Gottesman MOVED the APPROVAL of Temp. Reso. #3702. SECONDED by C/M Munitz. VOTE: ALL VOTED AYE 33. Woodmont Tract 72--A - Discussion and possible action on: a Stipulation #25 - Temp. Reso. #3703 b) Request for waiver of seawalls c) Site Plan - Temp. Reso. #3704 d) Water and Sewer Developers Agreement e) Blanket Ingress/Egress Easement -- Temp. Reso. #3705 f) Blanket Water and Sewer Utility Easement - Temp. Reso. #3706. (to be located on NW 70 Street, west of NW 80 Avenue) SYNOPSIS OF ACTION: a APPROVED Temp. Reso. #3703 b) APPROVED c) APPROVED Temp. Reso. #3704 AS AMENDED d) APPROVED e) APPROVED Temp. Reso. #3705 f) APPROVED Temp. Reso. 3706 Resolution No. R-85-233 PASSED Resolution No. R-85-234 PASSED Resolution No. R-85-235 PASSED Resolution No. R-85-236 PASSED a) Mr. Henning read Temp. Reso.#3703 by title. -40- 7/10/85 /vdw J Mr. Henning explained that this area is half of Pineapple Park which is being sold off to be redeveloped by other owners. He said it is a residential development and noted that he prepared a stipulation similar in form to those used by other developers to bring the project up to current code. He said no rezoning is involved and that it is R-3-U zoning and recommended the a;:)proval of the stipulation subject to the execution of the owners. V/M Massaro MOVED the adoption of Temp. Reso. #3703, the stipulation for CTB, Limited. SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE b) V/M Massaro MOVED to waive the requirement for the seawalls. SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE c) Mr. Henning read Temp. Reso. #3704 by title. Mr. Rubin advised that the applicant has presented two (2) checks to the Assistant City Clerk. He said one check is in the amount of $50,882.00 representing the water and sewer fee and another check for $500 representing the additional ERC Review Fee for a total of $51,382.00. V/M Massaro said they are required to backfill the median and sod it and to donate ten (10) trees along that road*. She said Bahia sod would be required and that the ten trees be a minimum of 10' in height. V/M Massaro said he has to excavate the canals to the property line as indicated in the cross- section on the plan. V/M Massaro MOVED the APPROVAL of the site plan with the stipulation that they are required to excavate to the property line as indicated in their cross- section plan and that the median be backfilled and fully sodded with bahia grass and they have voluntarily agreed to put in ten trees with a minimum height of 10' after planting. She MOVED the adoption of Temp. Reso_. #3704 AS AMENDED. SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE d) Mr. Rubin recommended approval. He explained that there was an asterisk indicating that a portion went to Mormon. V/M Massaro asked where was the receipt from Mormon. Mr. Rubin said there was a memo from Mr. Eppo which would answer her question. C/M Stein MOVED the APPROVAL of the Water and Sewer Developers Agreement. SECOND'-7D by C/M Munitz. VOTE: ALL VOTED AYE e) Mr. Henning read Temp. Reso. #3705 by title. V/M Massaro MOVED the adoption of Temp. Reso. #3705. SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE f) Mr. Henning read Temp. Reso. #3706 by title. V/M Massaro MOVED the adoption of Temp. Reso. #3706. SECONDED by C/M Munitz. VOTE: ALL VOTED AYE Subsequent conversation with V/M Massaro revealed that the placement of trees will be synchronized with the City Planner. -41- 7/10/85 /vdw ki 34. Mobil Service Station (west side of 441 at Commercial Boulevard) - Discussion and possible action on a request to waive the platting requirements in Chapter 20 of the Code in order to install a kiosk and for up- grading of the station. SYNOPSIS OF ACTION: TABLED to next regular meeting (7/24/85) Mr. Rubin said the property is zoned B-1 and the proper zone for a filling station is B-3. He said the applicant has requested a rezoning to B-3 and it was TABLED by the Planning Commission. Mr.. Rubin said the applicant is also requesting to reconstruct, subject to Council's approval, a new station on that site with four (4) pump islands and a car wash. Mr. Rubin said that due to the design of the structure and the smaller size of the site due to the County's taking for a roadway, the site plan would require variances. He said these variances were tabled by the Board of Adjustment and will not be heard again until next month. Mr. Rubin said the applicant would also like a building permit subject to receipt of the afore -mentioned approvals. He said he questioned whether the property should be replatted since it does not have a plat on record since 1954 as required by Broward County standards. Mr. Rubin stated that based upon the applicant's requests and the nine (9) months staff has spent reviewing their application, the applicant has found another solution and that is a temporary request to waive the platting and place a kiosk for a cashier in the middle of the existing pump island. He said the applicant wants to change the site to a convenience store. Mr. Rubin stated that even for that minor change a building permit would be required and _ the question of platting came up. He informed Council that before he makes his recommendation that Mr..Allsworth, attorney for the applicant, be allowed to make his presentation in order that they get the full picture. Emerson Allsworth, attorney for Mobil, said there is extensive data pertaining to the requests on file. He said they were caught between the Zoning Board and the Board of Adjustment with each one wanting the other to act first. He explained that the Zoning Board did not want to act on the zoning until the variance matter had been considered and the Board of Adjustment wanted to wait on the zoning. Mr. Allsworth said to further compound the problem the sign was put up too late and they were knocked off the agenda for another month. Mr. Allsworth informed that Mobil Oil Company inherited this station when they purchased Sunoco Oil Company. He said Mobil is interested in upgrading the station into something that is compatible with the other Mobil stations in the area. He said that because of the time question and whether or not they have to plat, they have formulated Plan B. He said Plan A was the complete remodeling of the station but Plan B would involve adding a small kiosk. He explained that Mobil uses the smallest convenience store of any other oil company. Mr. Allsworth said the construction of a kiosk would normally not require a plat because it is not adding too principal structure and is not tearing down the station and rebuilding. -42- 7/10/85 /vdw Mr. Allsworth said that they are asking Council to waive the platting requirement. He said they would still have to return with a site plan to be approved by the city that is pending and obtain the variances because of the distances required, and he said the reason is that this station was constructed lawfully at one time but since then the roads have been widened and the previous owner contributed land for the widening of the roads. He said now that it. has become an undersized lot, the variances are necessary. Mr. Allsworth said the city has changed the zoning category from B-1, which used to permit service stations, to B-3 and asked that the zoning be changed to conform with today's proper zoning category. Mr. Allsworth said that if Council does not waive the platting requirement, they have to get started on producing a plat and add several more months to the process. Mr.Allsworth told Council that they do have the authority to honor this request. V/M Massaro replied that this particular corner has been a problem for many years but emphasized that Council would want to cooperate to make this something better than they had in the past. She said, at the same time, they do not want to see so much jammed into that area that they are back to where they were before: an eyesore. She said she would be very reluctant to do anything and that determination has to be made as to turn lanes. V/M Massaro said she would like to see the site plan and the type of beautification proposed and then they can make the determination. V/M Massaro said to say that they can put a kiosk there and waive the platting would be a terrible mistake because this area has been a source of irritation for years. Mr. Allsworth said that by waiving the plat, Council will not be waiving any of the other concerns of the site plan, variances, the entire layout, and Mr. Rubin's recommendations, etc. but will avoid the long, drawn out expensive process of platting. Mr. Allsworth said he does not have any idea how to get it all together. V/M Massaro said it was very easy and that it would necessitate him sitting down with the planner and working it out. She also offered the services of the City Attorney, at the right time, when Mr. Rubin indicates that it is necessary. Mr. Allsworth said that he does not see any advantage to the city in requiring the extra platting process. V/M Massaro said at this moment it has not been required but they want to see what is proposed for that site. Carl Alper, resident, said they were bypassing the Planning Commission. He said the matter before the Planning Commission was the erection of a kiosk for the sale of food and drink and the erection and operation of an auto laundry on this very small piece of property. He said the Planning Commission found problems with traffic and asked Mobil to redraw their -43- 7/10/85 /vdw J plans and they said that they would. Mr. Alper said the matter was tabled upon their request. He said they want to install the kiosk and auto laundry at what he knows to be the traffic accident location in Broward County which is 441 and Commercial C/M Stein asked Mr. Rubin did they not address the same problem, some time ago, on the northeast corner. Mr. Rubin replied that they did. Mr. Rubin said the applicant is exasperating their problem by adding the car wash which is not on the northeast corner. He said the applicant wishes to go to Plan B because Plan A, a full reconstruction, would take too long. Mr. Rubin said over two years ago Council considered Plan B at another time. He said the applicant wished to put in another pump island and a restruc- ture over the pump island and at that time, staff made a wish list of minimal things that should be done at the site to upgrade it, according to Code. He said the drawing has many of those items on it. He said one is the removal of one of the four driveways on Commercial Boulevard, putting more landscaping in, reducing signage, etc. and he saw it as a sign that Mobil is willing to work with the city. He said if Plan B is now Mobil's main concern, they should place Plan B on a new site plan showing the requested revisions of two years ago and then move it through the system for approval at one time. Mr. Allsworth stated that Mobil prefers Plan A and are only considering Plan B because of absolute frustration. He said they have spent thousands of dollars and nine (9) months on plans and they have not had the first hearing before any of the boards. He said Mobil wants to upgrade the station. V/M Massaro asked Mr. Rubin what they had been doing with this project for nine months. Mr. Rubin answered that for nine (9) months they have received requests to rezone the property, they have paid fees to site plan the property, and reviewed site plans to make sure they are in compliance with the Code. V/M Massaro said they either can do something or they can not and that none of this should have been going on for nine (9) months. Mr. Rubin said they know that Plan A can not be done without many variances. Mr. Henning asked Mr. Allsworth if he needed the kiosk as a cashier if they convert the station to a convenience store. He said if he could have a cashier's window somewhere at the existing building, he felt that he could move ahead. Mr. Allsworth indicated that he was not sure that he understood. -44- 7/10/85 /vdw rj Mr. Henning said Plan A, for Council's edification, needs a rezoning, a variance, a new site plan and possible platting which would include the car wash and the kiosk. Mr. Allsworth said that is really what they want to do. Mr. Henning asked if the kiosk included a convenience store or straight cashier. Mr. Allsworth said it included the convenience store. Mr. Henning said that Plan A would involve every board that Tape the city has. He said Plan B is to use the existing struc- 9 ture taking out the car lifts and garage doors and replacing them with a convenience store and they want a kiosk as a cashier. Mr. Allsworth said the kiosk and the convenience store are the same thing. Mr. Henning said he understood that the kiosk would be a separate small structure by the pumps and explained that if the cashier could be placed in the existing building, they would probably bring in a site plan and obtain a permit in the near future. He said if they did not need the kiosk they could move forward. Mr. Rubin said they would still have to obtain a building permit, and therefore, the question of constantly waiving the platting gets back into the picture. Mr. Henning said that it was a nonconforming use for continued use of a gas station and B-1 for the convenience store/grocery store is permitted and could probably remain B-1 the way it is. C/M Gottesman said the zoning would allow it. V/M Massaro said the station has to be B-2 with Special Exception. Mr. Henning said it would have to be B-2 with a Special Exception unless they maintain their nonconforming use which he believed is less than 25% reconstruction. He said they are talking about using the same building. He said, however, that Council has to be careful that regardless of what they permit, and that he is leaning towards platting, that they do not tie the County's hands. V/M Massaro said it is all contingent upon the County's acceptance of the waiver of platting. Mr. Henning said absolutely as every gas station has to deal with EQCB for permits and the County will pick it up and the City can not bind the County. V/M Massaro MOVED that this item be TABLED to the next regular meeting (7/24/85) and requested that Mr. Allsworth and the applicants get together with the City Planner and start working things out and bring a report back for the next regular meeting. SECONDED by C/M Gottesman. V/M Massaro also requested that Mr. Allsworth pay a concept fee of $250 to compensate for the City Planner's time because what he will be doing is creating a concept and that is a requirement. She informed that before he meets with Mr. Rubin that he is to come in and make an application for a concept review and bring a check. -45- 7/10/85 /vdw \J J 1 1 V/M Massaro added that in the meantime if he is ready to go to the Planning Commission, there is nothing to stop him. Mr. Allsworth said if the revised site plan is not ready by the next regular meeting that it could then be tabled to Council's September session. VOTE: ALL VOTED AYE LEGAL AFFAIRS 27. ity Prosecutor - Temp. Reso. #3694 - Report by City Attorney - Discussion and possible action to appoint a City Prosecutor. SYNOPSIS OF ACTION: APPROVED Temp. Reso. #3694 Resolution No. R-85-225 Mr. Henning read Temp. Reso. #3694 by title. Mr. Henning referenced a memo dated July 5, 1985 which indicated four different areas of concern which necessitates prosecution. He said the area of uncollected burglar alarm fines is getting serious. Mr. Henning said there is also an area of delinquent parking fines subject to the city's prosecution and possible violations in the Building Department and Occupational Licenses. Mr. Henning reported a conference with Chris Carsky who has cited a $75 @ hour fee. Mr. Henning said that Miss Carsky is handling Lauderdale Lakes' cases out of the West Satellite Office already so it is convenient for her and he felt that they could set up a good program. He guessed that the first year would probably cost around $10,000 and expected some of the costs could be offset by revenues but do not expect it to be fully offset by revenues. He said the program is for Code compliance and not revenue generation but there should be a few thousand dollars of fines there that would be recouped in the cost. V/M Massaro said that it would not cost $10,000 if they did not have cases going in there. Mr. Henning said that it is not going to be a money -making proposition. He said the cost would be determined by the number of cases they have. Mr. Henning said the resolution provides that he would be authorized to assist, if necessary. V/M Massaro MOVED the APPROVAL of Temp. Reso. #3694. SECONDED by C/M Gottesman. Vickie Beech, resident, said she was not objecting to the creation of this particular arm of the government but stated that she felt that this is an exercise in futility. She explained that there are laws, people who are supposed to enforce them and they are not enforced. She said this is only going to be another expense. Mr. Henning said that what she is saying is that she is in favor of it. Ms. Beech responded that she is in favor of a police department if it operates but if it is not operating, what good is it. VOTE: ALL VOTED AYE wev 7/10/85 /vdw 28. False Burglar Alarms - Temp. Reso. #3695 - Discussion and possible action to excuse and waive prosecution of twenty-four false alarms reported on June 27, 1985, because of malfunctioning equipment caused by a storm. SYNOPSIS OF ACTION: APPROVED Temp. Reso. #3695 Resolution No. R-85-226 Mr. Henning read Temp. Reso. #3695 by title. Mr. Henning. said this resolution was requested due to the power surges and thunderstorms that were unusual on this particular day and intentionally listed the false alarms by case numbers. He said they were all reports where police were dispatched, however, he saw no need to list the names and addresses of people who have a burglar alarm in the city. V/M Massaro said she asked Mr. Henning how to handle this because even the City's Police Department had a problem that particular day and lost their power and had problems with their telephones. She said these people should not be cited for violations because the circumstances were beyond their control and added that they have not been notified of a violation and if Council passes this resolution, the Police Department will automatically correct the records. C/M Munitz asked the City Attorney if these were all the false alarms that occurred that day. Mr. Henning said that is correct. C/M Gottesman MOVED the adoption of Temp. Reso. #3695. SECONDED by C/M Munitz. VOTE: ALL VOTED AYE 29. Broward County Occupational License Fees - Discussion and possible action on a proposal by Broward County to increase these County fees. SYNOPSIS OF ACTION: RECEIVED as information. C/M Gottesman said that he asked that this item be placed on the agenda in order that Council read the new license fee schedule. He said it does not affect them as a city and no action is needed. C/M Gottesman MOVED to have the item REMOVED from the agenda. V/M Massaro SECONDED. Mr. Henning said the 100% increase in fees will be divided into two parts with half going to a symphony, regional or county, and the other half going to an Economic Development Council. He said the County Commission had the first reading on the ordinance 7/9/85 and it passed and there will be a public hearing. He said if Council would like to take a stand on it that he would be happy to prepare a resolution for or against it. C/M Gottesman said he did not think Council should get involved. V/M Massaro agreed that they should stay out of it and MOVED that this item be REMOVED from the agenda. Mr. Henning said it is just a report and no vote is necessary. -47- 7/10/85 /vdw COMMUNITY DEVELOPMENT 36. Pro ram Underwriters Building - Performance Bond - Temp. Reso. #3698 - Discussion and possible action regarding disposition of a performance bond. SYNOPSIS OF ACTION: APPROVED AS AMENDED Resolution No. R-85-237 Mr. Henning read Temp. Reso. #3698 by title. V/M Massaro said if they do not correct their deficiencies or if an extension has not been provided by July 11, 1985, that -the bond be called. She said if they do correct their deficiencies, they are still required to have a warranty bond in the amount of $257. V/M Massaro MOVED the adoption of Temp. Reso. #3698. SECONDED by C/M Stein. VOTE: ALL VOTED AYE 37. Green Thumb Lawn & Garden Center - Sign Waiver - Tem . Reso. #3697 - Discussion and possible action to renew a waiver of the sign ordinance for a temporary sign on property other than their own. SYNOPSIS OF ACTION: APPROVED Temp. Reso. #3697 Resolution No. R-85-238 Mr. Henning read Temp. Reso. #3697 by title. V/M Massaro MOVED the adoption of Temp. Reso. #3697. C/M Gottesman SECONDED. VOTE: ALL VOTED AYE 38. Woodmont Tract 74/75 - Model Sales Facility - Discussion and possible action on: a) Renewal of a model sales permit for Site Plans 1 and 3 b) Renewal of a model sales permit and waiver of the 300-- foot distance requirement for certificates of occupancy for Site Plan 2. SYNOPSIS OF ACTION: a APPROVED for six (6) months from 7/12/85 b) APPROVED for six (6) months from 7/12/85 a) V/M Massaro MOVED the APPROVAL of the renewal of the model sales permit for Site Plans 1 and 3. SECONDED by C/M Munitz. VOTE: ALL VOTED AYE b) V/M Massaro MOVED the APPROVAL of the renewal of a model sales permit and waiver of the 300-foot distance requirement for certificates ofoccupancy. SECONDED by C/M Gottesman. 1fLllWa as ALL VOTED AYE 39. Northwood II - Model Sales Facility - Discussion and possible action to renew a model sales permit and waiver of the 300-foot distance requirement for certificates of occupancy. SYNOPSIS OF ACTION: APPROVED renewal of model sales permit and waiver of 300-foot distance requirement for certificates of occupancy for six (6) months from 7/14/85. I": 7/10/85 /vdw u( V/M Massaro MOVED APPROVAL of the model sales permit renewal and the waiver of the 300-foot distance requirement for the certificates Ofoccupancy. SECONDED by C/M Munitz. VOTE: ALL VOTED AYE 40. Tamarac Gardens - Discussion and possible action on: a Renewal of a model sales permit b) Renewal of a second model sales permit for a one - bedroom model and waiver of the 300-foot distance requirement for certificates of occupancy. SYNOPSIS OF ACTION: a TABLED at petitioner's request to 7/24/85 regular meeting b) APPROVED for six (6) months effective 8/13/85 a) Mr. Henning indicated a memo from Marty Riefs asking that the a) portion be TABLED. V/M Massaro MOVED that Tamarac Gardens a) be TABLED to the next regular meeting (7/24/85). SECONDED by C/M Munitz. VOTE: ALL VOTED AYE b) V/M Massaro MOVED APPROVAL of the renewal for a second model sales permit for a one -bedroom model and waiver of the 300-foot distance requirement for certificates of occupancy. SECONDED by C/M Stein. A16300F ALL VOTED AYE 49. Appointment of Aide to V/M Massaro - Discussion and possible action SYNOPSIS OF ACTION: APPROVED appointment of Lou Solomon Agendized by Consent on Page 1. V/M Massaro asked that Lou Solomon be approved as her aide. She said he is well versed in the area of wages and salaries of employees and said there are some areas within the city that she would. like to have checked . V/M Massaro MOVED the APPROVAL to appoint Lou Solomon as her aide. SECONDED by C/M Stein. 1f ll0of ALL VOTED AYE 50. Payment to Interstate Pipe - Invoice #2 - Discussion and possible action SYNOPSIS OF ACTION: Agendized byy consent on Page 1. APPROVED payment o $30,352.50 charged to Acct.432-367-538-626 V/M Massaro said the payment of $30,352.50 (10% withheld) is for structural rehabilitation of 38 manholes at $150 @ and 5,900 gallons of grout Lo seal the leaks at a cost of $4.75 @ gallon. She said they only have one week to make the payment. V/M Massaro indicated that the city should receive a total grant of $151,341 based on a total cost of $509,012 estimated by Williams, Hatfield & Stoner which equals approximately 30% reimbursement with a $357,671 local share. She said it is Acct. #432-367-538-626 and she MOVED the payment of the bill for $30,352.50. SECONDED by C/M Stein. VOTE: ALL VOTED AYE -49- 7/10/85 /vdw Cl 51. Fish Kettle - Transfer of Special Exception - Discussion and possiMTe action SYNOPSIS OF ACTION: Agendized by consent on Page 2 TABLED to next regular meeting (7/24/85) for receipt of fee and completion of an application Mr. Henning said this item needs to be tabled. He said that he had heard through staff of a request to transfer the Special Exception for the Fish Kettle Delicatessen to the new owner, M & M Inc.. He said he had asked the Planning Department to verify payment of fees and filing of an application and it was determined that the fees have not been paid nor an application filed. C/M Munitz MOVED to TABLE for receipt of fee and completion of an application. SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE CONSENT AGENDA 8. Consent Agenda c) Richard S. Rubin - Consultant City Planner - - , 5 - Approval recommen e y Chief Building Official and Citv Manager SYNOPSIS OF ACTION: (See pages 5 & 6) APPROVED a), b ), and f) e) TABLED to next regular meeting (7/24/85) c) REMOVED and TABLED to next regular meeting on (7/24/85) C/M Munitz MOVED to TABLE item 8 c) to the next regular meeting (7/24/85). SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE COMMUNITY DEVELOPMENT 1. Ashmont Kings_ Point - Model Sales Facility- Discussion and possible action to renew a permit for the use of a model sales facility at another location. SYNOPSIS OF ACTION: APPROVED renewal of permit for model sales facility at another location for six (6) months effective 7/29/85 C/M Gottesman MOVED to renew a permit for the use of a model sales facility at another location. SECONDED by C/M Munitz. VOTE: ALL VOTED AYE 42. Patio Homes at Fairmont - Model Sales Facilit - Discussion and possible action to renew a mo eI sales permit SYNOPSIS OF ACTION: APPROVED renewal of model sales permit for six (6) months effective 8/15/85 C/M Stein MOVED to renew the model sales permitfor 6 months from 8/15/85. SECONDED by C/M Munitz. VOTE: ALL VOTED AYE -50- 7/10/85 /vdw 43. Lake Colony (Brookwood Gardens) - Model Sales Facilit - Discussion and possible action to approve a model sa es permit and waiver of the 300-foot distance requirement for certificates of occupancy for Units 30, 31 and 32. SYNOPSIS OF ACTION: APPROVED model sales permit and waiver of the 300-foot distance requirement for certificates of occupancy V/M Massaro MOVED the APPROVAL of a model sales permit and waiver of the 300-foot of occupancy for distance requirement Units 30, 31 & 32. for SECONDED by certificates C/M Gottesman. VOTE: ALL VOTED AYE 44. Woodmont Tract 48 (Waterford at Woodmont) - Model Sales - Discussion an possible action to renew a moFacility les permit and waiver of the 300-foot distance requirement for certificates of occupancy. SYNOPSIS OF ACTION: (See page 53) TABLED to later in the day Mr. Henning said fees are due July 1 and overdue July 15. V/M Massaro said it could be approved subject to receipt of the monies owed. C/M Munitz said they would be starting a precedent and advised against it. Mayor Kravitz suggested that they move to the next item while they await verification of payment of fees. REPORTS 47. City Attorney Mr. Henning referenced a memo concerning travel agent(s) regulations. He said there is a recent County Ordinance governing the bonding of travel agents and they will wait to see how effective it is. He noted that Margate has an ordinance but they are having a lot of trouble with it and may even repeal it. V/M Massaro said they have the information and have decided to hold it and study it further. Mr. Henning said he did not suggest that Council pass an ordinance regulating travel agent Mr. Henning said Council should take steps regarding the City Manager vacancy. 45. City Manager Acting City Manager Larry Perretti reported that they have advertised the City Manager vacancy with the Florida League of Cities and ICMA. He said the Florida League of Cities advertisement will appear in the July 19 issue, and on July 22 it will be placed in ICMA. Mr. Perretti read the advertisement: "City Manager - Population 33,000 with a total General Fund Budget of $10 million (350 employees). Minimum qualifications include a B.S. in Public Administration, Business Administration or related fields, Master's Degree preferred plus five (5) years experience as -51- 7/10/85 /vdw City Administrator, City Manager or Assistant City Manager. Salary based on qualifications and experience. Send resume and salary requirements to Acting City Manager, City of Tamarac, 5811 NW 88th Avenue, Tamarac, Florida Deadline: 8/20/85". He said they decided against advertising locally because the people who would be interested in this position would be getting ICMA and the Florida League of Cities newsletters. Mr. Perretti asked that Council allow Dan Saale to address the status of the budget. Mr. Perretti said they will be without financial expertise starting Monday and wanted Council to be aware that they have deadlines and public hearings that will have to be held. He estimated that it will take a solid week or better for accountants to come up with an analysis. Dan Saale said there is a strict calendar that must be adhered to when the County sends out their certification of values for the assessed values throughout the County. V/M Massaro asked if they did not set a date of June 15. Mr. Saale replied that it is a tentative date and that normally it is June 1. He said the County is behind and has asked for a 30-day extension which was granted. Mr. Saale said the County has around the first of August to comply with their statute and that within 30 days after that the city has to return form DR-420 to the County stating the tentative millage rate. He said everything that has to do with the budget evolves around the millage rate and the public hearings for the adoption of the fiscal year budget. Mr. Saale said the proposed General Fund has been completed and the Acting City Manager is in the process of making recom- mendations on the line items. Mr. Saale said the Federal Revenue Sharing and Capital Reserve are still in the process of being budgeted. He said these accounts deal mainly with capital expenditures and expenditures not handled within the General Fund and are outside of his scope of knowledge necessitating a great deal of research by him. Mr. Saale said the biggest force will be balancing the budget as mandated by the State. He said there is about a $2 1/2 million dollars shortfall of revenues vs. expenditures from the proposed budget of the department heads and the General Fund. He said he believed that there was between $500,000 to $1,000,000 worth of "wishes" that, during these budgetary times, could not be granted. Mr. Saale reported that over $1,000,000 will be spent towards waste disposal for the citizens. He believed that the only way they can come close to balancing the budget is to pass this expense to the citizens. Mr. Henning asked if that included the increase in the tipping charges. Mr. Saale said that he was not being precise but imagined that it was beyond the city's realm to continue to subsidize residential garbage and trash pickups. Mr. Saale said, by law, they can only increase the millage rate by 11570 of the rollback and that would be 157e more than what the city collected this year. -52- 7/10/85 /vdw C/M Munitz asked if Dan could give him the balance of the contingency fund and the capital reserve account. on what it is estimated to be at the end of the fiscal year. Mr. Saale said he was not sure what he meant by "contingency" but added that there is a line item in the General Fund for contingency and it is budgeted at $225,000 for this year before the $50,000 was taken out for Morgan, Lewis & Bockius which leaves it at about $175,000. He believed that there will be budget amendments for the present fiscal year which will also remove money from that account and does not expect it to be a significant line item for the next fiscal year. Mr. Saale said this fund is budgeted on a year-to-year basis and if those dollars are not used, they lapse into the General Fund balance but stated that he does not feel those funds will go into the Fund Balance at the end of the year. Acting City Manager Perretti-asked Council -for assistance to abide by the calendar in order to present a budget. COMMUNITY DEVELOPMENT 44. Woodmont Tract 48 (Waterford at Woodmont) - Model Sales Facility - Discussion and possible action to renew a model sales permit and waiver of the 300- foot distance requirement for certificates of occupancy. SYNOPSIS OF ACTION: (See page 51) TABLED for payment of guaranteed revenues in arrears $775.77 C/M Gottesman MOVED to TABLE until receipt of payment for guaranteed revenues. SECONDED by C/M Munitz. VOTE: ALL VOTED AYE REPORTS amity Manager (See pages 5-1 & 52) V/M Massaro asked Mr. Saale what percentage of the budget has been completed. Mr. Saale said the General Fund portion, the lion's share of what they act on at public hearings, has been done through the proposed stage and is now in the City Manager's recom- mendation stage. He said that may be a problem due to Acting City Manager Perretti's limited expertise in this area. He said there is quite a bit of work that remains. V/M Massaro asked r-ow long Mr. Saale estimated it would take to complete the work. Mr. Saale said he believed it could be completed within four (4) uninterrupted days. 45. City Council C/M Stein - No report. C/M Munitz - No report. C/M Gottesman - No report. V/M Massaro - No report. -53-- 7/10/85 /vdw j 1 1 Mayor Kravitz reported that University Hospital has a new administrator and Council is invited to a reception held in his honor. I - Mayor Kravitz also reported that the Motion Picture Industry will be own Monday to talk with him about a possible proposal. Mayor Kravitz asked the City Attorney to research the enforcement procedures against people doing business in their homes. V/M Massaro suggested that a memo be sent to every clubhouse advising that anyone doing business in their homes will be prosecuted. Mayor Kravitz adjourned the meeting at 5:30 p.m. Ww" ATTEST: ASSISTANT CITY CLERK This document was promulgated at a cost of $ 431.00 or $ 11.97 per copy to inform the general public and public offircers and employees about recent opinions and considerations by the City Council of the City of Tamarac. CITY OF TAMAR C APPROVED AT MEETING OF / wS City Clerk -54- 7/10/85 /vdw CITY OF TAMARAC i Tape 1 CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY, JULY 10, 1985 CALL TO ORDER: Mayor Philip B. Kravitz called the meeting to order on Wednesday, July 10, 1985 at 9 A.M. in Council Chambers. PRESENT: Mayor Philip B. Kravitz Vice -Mayor Helen Massaro Councilman Arthur H. Gottesman Councilman Raymond J. Munitz Councilman Sydney M. Stein ALSO PRESENT: Larry Perretti, Acting City Manager Jon M. Henning, City Attorney Carol Barbuto, Asst. City Clerk Diane Williams, Secretary MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Kravitz called for a Moment o Si ent Me itation ollowed by the Pledge of Allegiance. PRESENTATIONS AND AWARDS 48. Presentation of Plaques to former Council members Allan B.erns-tein. and Jack Stelzer in recognition Qf their Servis-es- SYNOPSIS OF ACTION: Agendized by Consent See Page 9 C/M Stein MOVED to agendize by consent presentation of plaques to former Council members Allan Bernstein and Jack Stelzer in recognition of their services. SECONDED by C/M Munitz. VOTE: ALL VOTED AYE BOARDS & COMMITTEES t9. Appointment of Aide to V/M Massaro - Discussion and possible action SYNOPSIS OF ACTION: Agendized by consent (See Page 49 V/M Massaro MOVED to agendize by consent the appointment of Lou Solomon as her aide. SECONDED by C/M Stein. VOTE: ALL VOTED AYE GENERAL ADMINISTRATIVE/FINANCIAL 50. Payment to Interstate Pipe - Invoice 2 - Discussion and possible action SYNOPSIS OF ACTION: Agendized by consent See Page 49 V/M Massaro MOVED to agendize by consent payment to Interstate Pipe - Invoice #2. SECONDED by C/M Gottesman. I VOTE: cayuNITY DEVELOPMENT 17d Traffic Stud action ALL VOTED AYE (64th Avenue) - Discussion and possible SYNOPSIS OF ACTION: Agendized by consent See Page's 2 &7ET- V/M Massaro MOVED to agendize by consent 17 d) Traffic Study - 64th Avenue . SECONDED by C/M Stein. C/M Stein asked Jon Henning to obtain any documents on this subject. VOTE: ALL VOTED AYE GENERAL ADMINISTRATIVE/FINANCIAL '.14. Tamarac Park Satellite Building - Status Report - Varker Construction Company Invoice- Discussion and possible action SYNOPSIS OF ACTION: Agendized by consent (See Page 18) V/M Massaro MOVED to agendize by consent Varker Construction Company's Invoice. SECONDED by C/M Stein. VOTE: ALL VOTED AYE 35. Tract 24 - Temp. Reso. #3681 -Discussion and possible action to temporarily waive the platting requirements in Chapter 20 of the Code in order to construct public improvements (tabled from 6/26/85). SYNOPSIS OF ACTION: TABLED Mr. Henning read Temp. Reso. #3681 by title. C/M Gottesman MOVED to TABLE the item. SECONDED by V/M Massaro. VOTE: .._ALL VOTED AYE BOARDS'AND..COMMITTEES —� Investment Advisory Committee - Status Re rt - Re uest for Prior Notice - Temp. Reso. 3708 -- Discussion and possible action SYNOPSIS OF ACTION: Agendized by consent b) (See Pages C/M Stein MOVED to agendize by consent the request for prior notice - Temp. Reso. 3708. SECONDED by V/M Massaro. VOTE: ALL VOTED AYE 51. Fish Kettle - Transfer of Special Exception - Discussion and possible action SYNOPSIS OF ACTION: Agendized by consent See Page V/M Massaro MOVED to agendize by consent the Fish Kettle's request for a transfer of special exception. SECONDED by C/M STEIN. VOTE: ALL VOTED AYE 1. Board of Adjustment - Temp. Reso. #3688 - Discussion and p ssible actiAn to appoint one regular and two (2) a ternate members SYNOPSIS OF ACTION: APPROVED Resolution No. $-85-218 PASSED emp. eso. Mr. Henning read Temp. Reso. #3688 by title. V/M Massaro nominated Charles Rosenberg as a regular, and. John Lachmann and Arthur Santman as alternates., C/M Stein nomipated Harold H. Newman as a regular. VOTE: C/M Stein - Newman, Lachmann and Santman C/M Mun=itz - Newman, Lachmann and Santman C/M Gottesman - Rosenberg, Lachmann and Santman V/M Massaro - Rosenberg, Lachmann, and Santman Mayor Kravitz - Rosenberg, Lachmann and Santman V/M Massaro MOVED the adoption of Temp. Reso. #3688 appointing Charles Rosenberg; as a regular and -John Lachmann and Arthur Santman as alternates. SECONDED by C/M Gottesman. VOTE: ALL VOT:.,D AYE 2. Board of Social. Services - Temp. Reso. 43687 - Discussion and possible action to appoint one member. SYNOPSIS OF ACTION: APPROVED Resolution No. R. 85-219 PASSED Temp. Reso. Mr. Henning read Temp. Reso. #3687 by title. -2- 7/10/85 /vdw V/M Massaro nominated Jerome Heller to serve as a member for a term to expire 5/11/86. VOTE: ALL VOTED AYE C/M Munitz MOVED the adoption of Temp. Reso. #3687 appointing Jerome Heller. SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE 3. Public Information Committee - Discussion and possible action on: a) Approval to solicit advertising for the Tam -A -Gram and Tamarac Yearbook (tabled from 5/22/85) b) Appointment of three (3) members by Temp. Reso. #3685 SYNOPSIS OF ACTION: a) APPROVED Resolution R-85-220 PASSED b) APPOINTED Rolland Foster, Resolution R-85-221 PASSED Saul Stillerman and Meyer Chait a) V%M Massaro said authorization is needed to solicit advertising. VLM Massaro MOVED to authorize the soliciting for advertising. SECONDED by C/M Stein. C/M Stein said that when the Public Information Committee came up with this format, it was discussed with the City Attorney who also investigated other cities who used the same system and it was adjudged to be perfectly legal. He said they should be allowed to see how well they can do. VOTE: ALL VOTED AYE b) Mr. Henning read Temp. Reso. #3685 by title. V/M Massaro put into nomination the names of: Rolland Foster, Saul Stillerman, Meyer Chait. b) Mr. Fenichel said he would like his committee to interview the nominees for his board prior to Council's approval. He said the only one that he would like to approve, at this time, was Mr. Chait and the other two nominees to be approved by his committee. Mayor Kravitz said it was up to Council to make appointments to a committee. He said it was up to Council to determine whether they want to meet with the nominee or to accept the nomination without further inquiry. Melanie Reynolds, resident, said she has seen Council turn" down applications because the chairman had not approved and now Council is doing the exact opposite. She asked if it was up to the chairman: Mayor Kravitz said it was up to Council. She said Council has held up many applications because the Chairman had not signed them and she said that Council should be consistent. Mayor Kravitz said Council has the final say. VOTE: ALL VOTED AYE C/M Gottesman MOVED the adoption of Temp. Reso. #3685 appointing -3- 7/10/85 /vdw J Rolland Foster, Meyer Chait and Saul Stillerman to the Public Information Committee. SECONDED by C/M,',Stein. VOTE: ALL VOTED AYE 4. Insurance Advisory Committee - Temp. Reso. #3686 - Discussion and possible action concerning appointment of two (2) members. SYNOPSIS OF ACTION: Resolution No. R-85-221 PASSED APPOINTED ury Kramer Mr. Henning read Temp. Reso. #3686 by title. Mayor Kravitz said he had received an application from Maury Kramer. V/M Massaro MOVED to nominate Maury Kramer. SECONDED by C/M Stein. VOTE: ALL VOTED AYE V/M Massaro MOVED the adoption of Temp. Reso. #3686 appointing Maury Kramer. SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE 5. Board of Consumer Affairs - Discussion and possible action on: a) Acceptance of resignation of Lawrence Gould. b) Announcement of one vacancy on this committee SYNOPSIS OF ACTION: a ACCEPTED resignation of Lawrence Gould; b) Announcement of one (1) vacancy made,. a) V/M Massaro MOVED to accept the resignation of Lawrence Gould and recognized that he sent in an informative letter. She extended thanks for the work that he has done. C/M Munitz SECONDED. VOTE: ALL VOTED AYE b) Mayor Kravitz announced one (1) vacancy for this committee. 6. Beautification Committee - Temp._Reso. #3690 - Discussion and possi e action to appoint William Sutter (presently a regular member) as an alternate member and Nicholas Camerano (presently an alternate member) as a regular member. SYNOPSIS OF ACTION: Resolution No. R-85-222 APPOINTED William Sutter as an alternate member and Nicholas Camerano as a regular member. Mayor Kravitz corrected the agenda to read "Nicholas Camerano (formerly a regular member)" and has been recommended to, again, serve as a regular member. Florence Bochenek said the requests are being made at the request of the members. Mr. Henning read Temp. Reso. #3690 by title. 101 7/10/85 /vdw C/M Stein MOVED to accept William Sutter's resignation as a regular member and appoint him as an alternate member and appoint Nicholas Camerano as a regular member. SECONDED by V/M Massaro. VOTE: ALL VOTED AYE C/M Gottesman MOVED the adoption of Temp. Reso. #3690 appointing William Sutter as an alternate member and Nicholas Camerano as a regular member. SECONDED by C/M Munitz. VOTE: ALL VOTED AYE Mr. Henning stated that the proposed resolution circulated outlines those names and there is reference at a recent Special Meeting to the resignation of Mr. William Sutter. 8. CONSENT AGENDA aT Minutes of 6/12/85 - Special Meeting - Approval recommended by City Clerk. b) Alan F. Ruf - Consulting City Attorney - 7/2/85 - $1,539.00 - Approval recommended by City Attorney. c) Richard S.Rubin - Consultant City Planner - 7/3/85 - $3,626.25 - Approval recommended by Chief Building Official and City Manager. d) Robert B. Dunckel of Adler, Tolar & Adler - Counsel for Charter Board - Services for 5/1/85 through 5/31/85 - $632.05 - Approval recommended by Charter Board. e) Muller, Mintz, Kornreich, Caldwell, Casey, Crosland and Bramnick, P.A. - Labor Counsel - 5/3/85 and 6/4/85 invoices - $2,981.10 - Approval recommended by City Attorney (tabled from 6/26/85). f) Excavation and stockpiling of lime sludge - Approval to contract with Lynn Ro, Inc., for the third year at a price of $14,500.00 for this work in accordance with the terms of Bid 83-10 as awarded by Resolution 83-153. SYNOPSIS OF ACTION: APPROVED a ,.,. ar3 d); TABLED c) to next regular meeting; (See- page ` 0 ) TABLED e); f) APPROVED contract AS AMENDED to be paid quarterly. a) V/M Massaro MOVED to approve the minutes of 6/12/85 - Special Meeting. SECONDED by C/M Stein. VOTE: ALL VOTED AYE b) V/M Massaro said she had no objection to the bill itself but questioned where the money is coming from for this bill and the account that it is being charged to. She asked the.City.Attorney to explain the bill. Mr. Henning said that in the past few months because of extensive work at the Utility Plant between EQCB, grants, and Land Section 7 acquisition of the lands, settlement with Leadership and various business that Alan Ruf has been involved with, he suggests that Tamarac Utilities West be assessed various portions of the bills. He said they are inevitably always less than half of Alan Ruf's bill to the Tamarac's Utilities West Professional Services since these items are 100% in the operations of the utility. He said some of the costs could be recovered under grant money if staff itemizes that as part of Professional Services but said he would need to research it further to be certain. -5- 7/10/85 /vdw J Tape 2 c) He said the remainder is financed by the City Attorney's Professional Services Fund which covers all the general, legal services that Mr. Ruf is involved in. V/M Massaro questioned on whether people should be allowed to go into the City Attorney's Office and take up his time. She asked if they should not be required, if they have a complaint, to send it in or give it to the City Manager because she did not think that anyone has the right to take up the City Attorney's time. V/M Massaro said she referenced the June loth item because she wanted to make it known that people must not monopolize the City Attorney's time. Mr. Henning inquired if she was referring to staff or public. V/M Massaro said the June loth item should have been resolved by the Code Enforcement Division and not involve the City Attorney nor the outside attorneys. She said department heads are paid more money because they are supposed to be capable of making decisions and if they have a problem with a decision, they should send a memo to either the City Manager or the City Manager with a copy to the City Attorney. V/M Massaro MOVED to authorize payment of $1,539.00 to Alan F. Ruf. She asked if they did not usually reflect the account charged. Mr. Henning responded that the dollar amount is always listed but the line item can be added if Council wishes. V/M Massaro said she would like to see the breakdown on the a enda and the accounts that will be charged. SECONDED by C M Munitz. VOTE: ALL VOTED AYE 1 V/M Massaro said there was one account identified as to what it is to be charged to yet there are three breakdowns: (1) Turnpike Beautification and it should be charged to that account; (2) Special Time - She said she would like to know what it is; (3) Retainer. V/M Massaro MOVED that the bill itself can be paid except that the financial end of it should be looked at and determ_nation made as to where the various items are to be charged.. She requested a memo showing her what accounts they are to be charged to. Mr. Henning said that when payment_ of a bill is authorized, unless there is a. line item transF-er at a later date, Council is technically authorizing the fund or line item from which the funds come. Mr. Henning said they could authorize payment and have the City Manager itemize the line items. C/M Stein asked if it would be appropriate to TABLE until they get the accounts that are to be charged. V/M Massaro asked that it be 'TABLED until after lunch. d) V/M Massaro MOVED to approve payment of $632.05 to Robert B. Dunckel of Adler,Tolar & Adler, Counsel for Charter Board. SECONDED by C/M Stein. VOTE: ALL VOTED AYE -6- 7/10/85 /vdw e) V/M Massaro said she had a breakdown but no account numbers. 1 [-I Mr. Henning said this and indicated that he work. He asked that Professional Services assessment. He noted for July 11, 1985 wit item was tabled from the last meeting had given them a breakdown of the labor payment come from the City Attorney's unless Council wants to make a special that Council has a joint workshop scheduled h the Pension Board. V/M Massaro said she checked everywhere and could not find anything to support that expenses incurred by the Pension Board should not come from the Pension Plan. She said she did not understand why the taxpayers are paying those costs. She reiterated that the city should not be liable for these expenses. Mayor Kravitz said discussion on this subject will come up at the workshop. V/M Massaro MOVED to,TABLE labor counsel invoices for a future meeting. SECONDED by C/M Gottesman. 1iL4DY0 F. ALL VOTED AYE f) V/M Massaro said they are working from Reso. 83-153 which hired Lynn Ro, Inc. for the next three (3) years. She suggested that the words "to be paid quarterly". V/M Massaro MOVED to authorize payments. SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE 7. Investment Advisory Committee - Discussion and possible action: a Status. Report b) Request for Prior Notice - Temp. Reso. 3708 SYNOPSIS OF ACTION: a Committee presented list of recommendations for Council action; b) APPROVED Temp. Reso. #3708 Resolution No. R-85-239 PASSED Agendized by Consent on page 2. a) Morris Sarner, Vice-Chairman/Investment Advisory Committee, reported that at their July 5th meeting, they formulated the following recommendations for Council action: 1. A physical count and inspection of all securities be made to ascertain that they actually exist; 2. Location of these securities as no physical count ha-sbeen made within the last few years. 3. All "repo" investments should have serial numbers for all bonds held as security for these investments and the location of these security bonds. 4. All securities should be valued at current market prices and presented in accordance with generally accepted accounting principles. 5. All other Treasury bills, bonds, coupons and notes invested in U. S. obligations should have serial numbers along with each investment. 6. All future investments in government securities that will be made by the Finance Department should be discussed with this committee at least two (2) weeks prior to the expiration of the current investment. -7- 7/10/85 /vdw V/M Massaro asked Council to think about implementation of recommendations made by the Investment Advisory Committee. She said she would like to know where the securities are, and if they exist. Mayor Kravitz assured her that it will be followed up. Mr. Henning said this subject has been discussed since the ESM incident and felt that the City Manager has the authority, certainly if directed by Council, to implement an inventory. He said the auditor could also implement it but it would be more costly than for staff to do it. Mr. Henning reported that many of the city's investments are at the NCNB main office in Tampa. He said that it is possible that some of the Pension Plan assets are being held in Jacksonville at the Florida National Bank. He does not know of additional investments but the Finance Department would be able to provide the information on that. He suggested a trip to Tampa or hiring an attorney or an accountant in Tampa to go to the bank and conduct an inventory. He also suggested that maybe the bank would do it for the city. Mayor Kravitz said all they received from NCNB is a safekeeping receipt showing deposit number, the amount and when interest is due. He said he discussed it with the auditors and they have agreed to make an actual physical inventory and report to Council. He said there is no separate charge for this. V/M Massaro asked if they had received an acknowledgment from those banks indicating that they do have the money on file. Mayor Kravitz said they do and get one for each bank. He said as it is paa_d for the Finance Department receives the safekeeping rece4_pt but it does not mean that they have actual physical possession of those securities. V/M Massaro said they ask them whose name the accounts are in. Mayor Kravitz recommended that the committee write or have the City Manager write requesting the actual investments, whose name, when they are due and other relevant information. V/M Massaro said that she did not think the committee should do it but rather that staff do it. Mayor Kravitz said in part b) they can determine if the avenue should be to the City Manager's Department, to the Legal Department or whomever. Mr. Henning asked if they wanted to authorize the City Manager up to $500 to conduct an audit. C/M Stein said all they need to do is write to the institutions requesting the information. V/M Massaro suggested that they also be required to send Council photostatic copies of what they have. She said the City Attorney should be requested to write the letter immediately. Mayor Kravitz asked Mr. Henning to submit information that he receives to the Investment Advisory Committee as well as Council. 7/10/85 /vdw [I 1-1 b) Mr. Henning read Temp. Reso. #3708 by title. He said the resolution was prepared at the request of the Investment Advisory Committee giving the committee notice. He said it does not require them to meet, take action nor sign off any approvals but it gives them two weeks' advance notice of any new investments being made and before any present investments are matured. He said a couple of concerns are that he intentionally did not require them to meet because he did not think that the city's Investment Plan should come to a standstill for lack of a quorum. He said he also did not give the committee veto power but if they are concerned about something, they can meet among themselves, with staff or Council and the City Manager can take appropriate action if the committee disagrees with any of the recommendations. He said he did not know if two weeks' notice was a reasonable period of time for making decisions on investments. He ac- knowledged that there can be fluctuation over a two -week period. He said the committee can voice their need for it but felt that the staff may have a problem with it. Mr. Solomon stated that his committee has never asked for more than what they have today. He said when the city is purchasing stocks or bonds and informs the Investment Advisory Committee, they will come to the Finance Director or the City Manager or Council but stressed that they have no intention of doing any more than that. Mayor Kravitz clarified Mr. Solomon's mention of stocks and bonds by stating that they can only buy government securities based on Council action and the Charter. V/M Massaro said she interpreted their request to mean that they want to be informed as to the city's investments within a fourteen -day period so if they feel a recommendation is warranted, they can come to Council. C/M Munitz noted that they receive a monthly statement from the Finance Department listing all current investments and also their due dates. C/M Stein. MOVED the adoption of Temp. Reso. #3708. SECONDED by V/M Massaro. VOTE: ALL VOTED AYE 48. Presentation of Plagues to Former Council Members Allan Bernstein and Jac : to zer in reca nition o -t e-ir services SYNOPSIS OF ACTION: Agendized by consent on page 1. Plaques were presented by Acting City Manager Acting City Manager Larry Perretti awarded plaques to Jack Stelzer and C/M Stein, on behalf of Mr. Allan Bernstein, in recognition of their services to the City of Tamarac as past Council members. 9. Bid Award - Utilities West - (Project 84-14) - Temp. Reso. Discussion and possible action to award a bidor installation of Wells 12 and 13. SYNOPSIS OF ACTION: Resolution No. R-85-223 Awarded x s to R.J. Sullivan for construction of Wells 12 & 13 and to K. Herron & Sons for construction of sidewalks. 7/10/85 /vdw V/ Mr. Henning read Temp. Reso. #3691 by title. V/M Massaro MOVED the approval of Temp. Reso. #3691 for -the construction of Wells 12 and 13 but also includes the sidewalk in front of St. Malachy's Church on University Drive. She said this was a negotiated agreement in exchange for the ease- ments that the church gave on their property for these wells. She asked that it be charged to Account #432-363-537-645 using CIAC funds for payment of both items. She amended her MOTION to include the account numbers. C/M Stein SECONDED. VOTE: ALL VOTED AYE 10. Northwest Force Main (Project 84-6) - Discussion and possible action to approve an agreement with Williams, Hatfield & Stoner for additional services to revise the City's grant application in accordance with an amendment to the 201 Facility Plan. SYNOPSIS OF ACTION: TABLED to afternoon (See Page 25) V/M Massaro MOVED that the additional sum of $2440 be approved for services by Williams, Hatfield & Stoner. She said an account number was needed and asked that this item be TABLED until after lunch. Roseanne Goldgell, Edgewater Village, asked for clarification on the construction of the two wells. She asked what kind of wells. -they were. Mr. Henning said they were drinking water wells not the deep wells. She asked where they would specifically be located. Mr. Henning informed her that it would be on St. Malachy's Church property in the back. Joe Pandro, Concord Village, requested sidewalk construction in front of the Wastewater Treatment on 64th Street. He said there was no sidewalk; but there is a sidewalk on the commercial property. Mr. Pandro said there was a lot of traffic on that street. V/M Massaro suggested that Council give,his suggestion consi- deration. It. Utilities Wastewater Treatment Plant Odor Abatement Program (Pro'ect 84= - Discussion and possi e action to waive bidding requirements and allow staff to negotiate with vendors and authorize contracting with the low cost vendor in an amount not to exceed $80,000.00 to comply with the County's odor regulations. SYNOPSIS OF ACTION: APPROVED as amended V/M Massaro cautioned that this request was an extreme emergency because there is limited time to completely abate any odors and she felt that they have almost accomplished this. She said it has to do with the sludge removal whereby DER or ECQB gave permission during the transportation that the city not be cited during those periods. V/M Massaro said that she would like, under an emergency authorization, to allow Bill Greenwood to -10- 7/10/85 /vdw 1 negotiate with three (3) firms and have proposals ready for the July 24th meeting. She asked that Council not authorize awarding of the contract until he reports back to Council. Bill Greenwood, Utilities Director, reported that they have requested a variance over the last several meetings with EQCB for odor control. He said the city's first effort to try to abate the odors from the Sewerage Treatment Plant was by the installation of the dome over the aerator -flow equalization tank and installation of the bio-filter and said that this process has worked very well by decreasing the hydrogen sulfide emissions by 98%. He said they are trying to control additional sources of odor which occurs on a sporadic basis from several times a day to several hours. Mr. Greenwood said the main culprit that gives off the odor is the aerobic digester compartments of the Sewerage Treatment Plant. He said the recommendation is to place a dome over these compartments; . there is a segmented compartment in each of the four (4) plants that peed to be covered- He said these expenditures are very necessary. He informed Council that there has been an odor at the plant for the past day and a half due to a lightning strike of Florida Power & Light's main transformer which put the plant Tape out of commission. Mr. Greenwood said that it had been rectified. 3 V/M Massaro asked Mr. Greenwood if he foresees any problem with reporting the results of his negotiations to Council. Mr. Greenwood replied that he did not. C/M Gottesman referenced a memo from Bob Foy to the City Clerk stating that Williams, Hatfield & Stoner has advised that R & R certificates will be provided for these expenditures. He asked if there were any costs involved and why are Williams, Hatfield & Stonerare involved. Mr. Greenwood answered that the existing trust indenture which Utilities is working under requires that any expenditures of this nature be approved by the city -appointed consulting engineer and that this is the renewal and replacement fund. He added that this particular fund is usually maintained at approximately $500,000. C/M Gottesman explained that he questioned their involvement because he recalled at one time Council had decreed, by motion, not to do any further business with Williams, Hatfield & Stoner and asked if this was an ongoing.project that could not be dis- missed. Mr. Greenwood said that according to his conversations with the City Manager, the Acting City Manager and Jon Henning, Williams, Hatfield & Stoner is still one of the duly appointed consulting engineers. He said they have been monitoring the trust indenture for the city for a number of years and have never been relieved of that responsibility. C/M Stein said there was a resolution which specifically forbade the city to enter into any new contracts with Williams, Hatfield & Stoner unless the resolution is revoked. He said, however, that it did exclude any work which they have been continuously working on and, at this point, it would be apstly for the City to hire a new engineer when they have been working on it for a year. _11-- 7/10/85 /vdw V Mr. Henning stipulated that the contract with Williams, Hatfield & Stoner has a 30-day cancellation clause and staff has never been directed by Council to exercise the 30-day cancellation. Mr. Henning added that Council interviewed and hired Montgomery Engineering and every dollar given to Montgomery is a dollar not given to Williams, Hatfield & Stoner. He said Council and staff are monitoring the new projects and the new ones are going to Montgomery Engineering. C/M Stein reasoned that they did not cancel because it would be foolhardy as they have knowledge of certain things which nobody else would be able to do. He said they have spent approximately $300,000 on this plan and wants to know the amount of additional monies to be expended for this plan. V/M Massaro said the item is not being tabled but that he is authorized to negotiate. C/M Stein said he also wants to know how efficient it can be and for how long. Mr. Henning explained that the municipal bonds used to purchase the plant require certification by a consulting engineer, so that the bondholders have that protection. He said since Williams, Hatfield & Stoner had been working on the plant for many years he assumed that was the obvious reason why they have been continued on the R & R certificates. V/M Massaro asked the City Attorney to give her a memorandum indicating whether or not the city has the right to give them new contracts She said in no way does she want to see Williams, Hatfield & Stoner eliminated. V/M Massaro MOVED that the Director of Utilities be authorized to negotiate with three vendors the cost for the work that is necessary for the odor abatement as indicated in his memorandum of July 2, 1985. She requested that the results be sent to Council via memorandum as soon as available and the subject will be agendized on the July 24th meeting for final disposition but no contracts to be awarded. SECONDED by C/M Stein. Saul Wish, Edgewater Village, clarified that they have had an odor since July 4 and it was pretty bad and he did not recall an electrical storm on that date. VOTE: ALL VOTED AYE 18. Independent Auditor for FY 1984/85 - Discussion and possible action concerning engagement of an auditor (tabled from 6/26/85). SYNOPSIS OF ACTION: APPROVED AS AMENDED to accept Touc e Ross's offer and hire them for the 84-85 fiscal year for a sum not to exceed $18,275. -12- 7/10/85 /vdw I- Mayor Kravitz acknowledged a letter from Touche Ross. He said it has been determined that they have a one-year contract with the city which has expired. He said at the time they accepted the first year contract, Touche Ross said they would require the same figure plus 2/3rd's of the CPI. Mayor Kravitz said the fee last year was $17,800 and 2/3rd's of the 4% CPI would be $18,275 and would be the maximum fee. C/M Stein MOVED to accept the and hire them for the 1984-85 SECONDED by C/M Gottesman. offer of Touche Ross & Company at a sum not to exceed $18,275. Mr. Henning reported that he asked Dan Saale to review and compare last year's letter with this year's letter and he determined that the letters are not verbatim but they cover the same subject and in substance are the same except for the dollars. Mayor Kravitz said not only are they the same but they are adding to it the physical inventory of the city's investments and other items. V/M Massaro asked if it was in the letter. Mayor Kravitz said that can be added as part of the motion asking that they do those things. He said he was informed that they would have the internal controls, the test of transactions and all the different things that proper accounting procedure would require. C/M Stein AMENDED the MOTION to include, in addition to the letter, the actual physical examination of the city's securities and report back to Council at no additional costs. Mayor Kravitz said they informed him at no additional costs because it can not exceed $18,275. He suggested that the City Attorney write to them notifying that it is included to avoid any misunderstanding. Vickie Beech, resident, said she hoped in the letter to Touche Ross that Council specify all of the requirements that they are now discussing. She said, secondly, she hoped that when the management letter report comes back that Council does not pay first and have to wait an additional month for the people to know what they paid for. Jack Stelzer asked if Council received a report of an in-depth audit of the internal controls. Mayor Kravitz said it was the practice of the City Manager to ask them to check a particular department and they are waiting for his instruction. He said he thought the former City Manager had asked for an internal control audit of the Police Department but stated that there may be a change on that. Mayor Kravitz said they are supposed to do one department each year. Mr. Stelzer said they did not do one for last year and they have already completed the audit. Mayor Kravitz said Touche Ross's thinking is that an internal control is a special audit. He said this is not an internal control audit, and, therefore, if they are going to go into that, it would have to be brought before Council what the cost is, what they intend to do and then Council could decide. -13- 7/10/85 /vdw i . Mr. Stelzer said he never heard a department's internal control report while he was on Council. Mayor Kravitz suggested that when the City Attorney writes the letter that he mention that the city has not received a report on last year's internal control department and the selection for this year. Mr. Henning referenced a letter dated July 12, 1984 from Touche Ross & Company which stated that they agreed to review the internal controls of an operating department indepth, on a rotating basis, and prepare a separate report on their findings. He said the new letter, June 27, 1985, made the same statement. Mayor Kravitz said that knowing what auditors do and what their fees are that they are charging less than half of the normal fee. He said that in prior discussions with Touche Ross & Company they had informed him that the actual cost of doing an audit for the city was $42,000 and all they collected was the $17,800 for last year. V/M Massaro questioned how they could have performed an indepth internal control audit on a department if they had not been told which department to audit. Mr. Henning said the former City Manager was in contact with them concerning this although he did not know if the City Manager specified a department. C/M Munitz said, assuming that they did not do a department, they should ask them to do two departments this year. Mayor Kravitz said the letter will be sent asking them if they did an internal controls audit for last year and, if so, to submit a report. He said if they say they did not, then Council can recommend that they do two departments. 20 _- VOTE: ALL VOTED AYE Municipal Complex - Discussion and possible action on: a Payment ot Miller & Meier Invoice F1307 in the amount of $35,191.66. b) Establishment of a Preconstruction Review Committee ( tab Led _f r_om.._..6./.26185) . c) Status of appointing a Construction Manager SYNOPSIS OF ACTION: TABLED to a workshop meeting /16/85 at P . M_ Committee meeting 7/16/85 at 10:00 A.M. V/M Massaro asked that Richard Rubin be named to the Pre- constr.>>.ction Re-%Tiec., Committee. Mayor Kravitz said that he is staff and she does not need to name him to the committee. C/M Stein MOVED to TABLE the Municipal Complex. C/M Gottesman said that he saw no objection to tabling items a) and b) but stated that they are in the process of inter- viewing and possibly hiring a construction manager and he wanted discussion on it. -1 C/M Stein said he would like to table c) also but not because he wants to delay the hiring of a construction manager but because Miller & Meier requested to know their responsibilities and releases. He said this should be discussed with the City Attorney. He said they definitely know that they are going to hire a construction manager but under what terms and what his duties and obligations are they do not know. -14- 7/10/85 /vdw 1J 11 Mayor Kravitz suggested that since the committee will be meeting on Tuesday, July 16, 1985, this item will be one of the items for discussion and after that, if there is a necessity, Council can call a special meeting. He felt it would be proper and in the city's best interest to table a, b and c. V/M Massaro asked that the committee meet without Miller & Meier before then. Council.determined that the meeting will be scheduled for Tuesday, July 16, 1985 at 10:00 A.M. Mr. Henning said he would work with the Clerk to establish a public notice. V/M Massaro MOVED to TABLE Item 20 a, b, and c. SECONDED by C/M Stein. VOTE: C/M Stein Aye C/M Munitz Aye C/M Gottesman Nay V/M Massaro Aye Mayor Kravitz Aye C/M Gottesman remarked that Mr. Perretti, in his dual role as Personnel Director and Acting City Manager, should be given all the assistance he needs for hiring a construction manager. 19. Municipal Complex - General Obligation Bonds - Discussion and possible action on: a) Authorization for Touche Ross & Co. to assist in the cash flow analysis. b) Authorization for Touche Ross & Co. to provide comfort letters at the time of the offering and closing of G.O. Bonds. c) Authorization to proceed with these bonds (tabled from 6/26/85) SYNOPSIS OF ACTION: b) & c) APPROVED WITH CONDITIONS a) Mr. Henning referenced his memo of June 21, 1985 in which he outlined the comfort letters and the cash flow analysis. He said the cash flow analysis was quoted at $4,070 and the first comfort letter is $4,700 He said he anticipates at least one additional comfort letter $1,500 per letter. He said he was under the impression that this item was tabled until Council determined whether Touche Ross & Company would be their auditor for next year and they wanted the annual letter from them before acceptance of special assignments. Mr. Henning said the letter was received and approved and that now, with the quotes, Council is prepared to move forward with the cash flow analysis and the comfort letters. V/M Massaro questioned if it mattered how early the comfort letters were prepared. She reasoned if they were too early they would not have to spend additional monies for additional letters . Mr. Henning thought that if there was a delay during the procedure, that is where the third letter comes in. He said Council's _— main concern is the cash flow analysis and the preparations for making a report to the rating agencies to obtain a rating. He said the city can not go out for bids on the bonds until they have a rating. Mr.. _--Henning said -_anothe. er._ aspect. thaL_Council should -be aware of _ and -- discuss Is assignment of ESM dollars to particular line items. He said the original analysis was a pro rata analysis but there has been recommendation from the Finance Department of alloting the ESM dollars to particular accounts where the monies will not be needed as soon. Mr. Henning said part of the cash flow analysis will include the allotment of ESM dollars to specific line items or accounts. He said Council needs to be aware of it, and, hopefully, agree with it. -15- / 7/10/85 J /vdw Mr. Henning said he contacted -Morgan, Lewis & Bockius regarding ESM and received a letter dated June 21, 1985 which stated, in essence, if this is done merely for accounting purposes there will be no jeopardy to the ESM lawsuit. Mr. Henning said they were not writing off a loss but rather allocating funds to specific accounts. V/M Massaro cautioned that when they allocate they have to be careful that funds are not locked in that may be necessary. Mr. Henning said there was a proposal from Finance allocating the ESM dollars to specific funds. V/M Massaro asked for copies. C/M Stein said Pompano recently implemented the same plan. C/M Stein asked Mr. Henning for an amount so that he can MOVE to authorize Touche Ross to assist in the cash flow analysis. Mr. Henning responded that it is $4,070,y which includes authorization for staff to allocate the ESM dollars to specific accounts. C/M Stein said he would SO MOVE. SECONDED by C/M Munitz. V/M Massaro referenced Resolution 85-20 concerning bonds. She,; said it contained a'statement that she would have interpreted to mean that if somebody is going to make a trip someplace where expenses are incurred bordering on $1,000, Council should authorize it. V/M Massaro said others have interpreted it differently. She said she would like it clear that nobody is authorized to do these things on their She -said she was talking_ about.=the trip that the former City Manager and Finance Director made to New York which incurred p g and asked that Resolution 85-20 expenses bordering on $1000 a -___-- -- be clarified so that it is understood no one is allowed to do those things unless they receive Council's approval. Mayor Kravitz said the City Attorney would research it and report to Council. VOTE: ALL VOTED AYE b) Mr. Henning said it would be $4,700 for the first letter and $1500 for the second letter. He said the quote, which Council can accept, would be $1500 for a third letter, if needed, but said he did not think Council should authorize a third letter at this time. C/M Stein asked if all they had to do was to authorize $4700 and an amount not to exceed $1500 for the second, if needed. Mr. Henning said the second one will be needed. He said Council could accept the quotation of $1500 for the third letter but advised Council not to authorize it. C/M Gottesman MOVED to authorize Touche Ross to provide comfort letters at a cost not exceeding $4700 and an update at the time of closing at a cost of $1500. He said he was not authorizing an additional $1500 for a third. C/M Gottesman said the total is $6200. -16- 7/10/85 /vdw C/M Stein SECONDED. VOTE: ALL VOTED AYE c) Mr. Henning said Council's approval on this item would authorize staff _ to move forward. He said that there had been some discussion that until the city hall plans are finalized they should hold the bid procedure for the bonds. He said the consultants have informed them that there is a possibility of obtaining some income from Arbitrage, which is reinvestment of the bonds, if they are sold as soon as possible. Mr. Henning advised Council that they need to move forward, working with staff and consultants. He said if they need to advertise or take a trip, Council will be notified. C/M Stein MOVED that staff be authorized to proceed, however, that no sums of money shall be expended for any expenses without prior approval of Council. V/M Massaro SECONDED. Mr. Henning asked the Clerk to place a status report on the bonds on the PreAEenda_List...-for- the.7124185 Council_._ meeting... V/M Massaro asked how Arbitrage expected to profit. Mr. Dan Saale Finance Director, -__spoke_ witb a.xepr_e_s_eatiIve._Wjth Touche, Ross a out their expectations with Arbitrage on the selling of the general obligation bonds and any interest that may be earned. He said that they figured the city would be able to come up with approximately $70,000 on Arbitrage when the city Tape reinvests the income from the bond proceeds. He said the total 4 cost would be $340,000. Mr. Saale said they have an underwriters' discount of 2% that is negotiable. He said the issuance costs would be $60,000 and the insurance premium on the issue appears to be about 1-1/2%. Mr. Saale said the total costs, to get the issue out, competitively bid and sold, will be $340,000 which would leave__$13Q�0pp between, the Arbitrage amounts.__. and these costs. V/M Massaro asked what type of investments they would be making to make this possible. Mr. Saale said whatever they are investing in now as they are making assumptions as to what interest rates are and what the issue will be sold for. He said they are not net amounts because they do not include interest costs that the city will be incurring on the issue. He said those arepaid from ad valorem taxes. Mr. Saale said this is the total they expect to earn on the money but does not include net interest that the city will be paying on the bond issuance. Mr. Henning said the debt service costs not included in this Arbitrage amount. He said Council needs a report from Stan Ross at the next meeting. C/M Gottesman said the report should include something about the debt service. V/M Massaro asked why General Obligation Bonds would not sell without the insurance. Mr. Saale said the question now is the rating of the city and his understanding is that this is insurance that issuance of the rating- issatisfact..Qry.. ..... .... .._ _17_ 7/10/85 /vdw V/M Massaro asked if they should get the rating before they concern themselves with selling bonds. Mr. Saale said it is a very integral part of selling the bonds. He said the insurance is a contingency and was placed in there on a conservative basis even though there is the possibility that it will not be needed. V/M Massaro felt that Council should devote thought to general' obligation bonds. Mr. Saale said there can be an analysis done on what similiar bonds would sell for at the city's rating versus what bonds could be sold for at an insured rating taking the difference. VOTE: ALL VOTED AYE 14. Tamarac Park Satellite Building - Status Report - Discussion and possible�cion on Lne cons ruc ion contract. SYNOPSIS OF ACTION: a TABLED for further discussion b) APPROVED $1500 payment for truss work (See page 24) AGENDIZED BY CONSENT (See page 2) Bob,Jahn, Chief Building Official, had made two requests: (1) that he -be authroized to re_iar and replace the trusses. He said he has an appointment with Mr. Feld, Mr. Henning and himself for July 11, 1985 at 1:00 P.M. He said he was of the opinion that Mr. Feld had enough funds without releasing more money to do the work. He said Mr. Feld felt that it was an Act of God and that he should not have to repair and replace the trusses. Mr. Jahn said he would have a difficult time proving that it was his negligence that the trusses came down but that the engineering report indicates that they were placed properly. He said Mr. Feld's insurance only covers his negli- gence. He added that the city does not have coverage for Acts of God. He said it should cost in the neighborhood of $5000 and may not include buying adequate plywood to sheath the roof and may require additional funds. Mr. Henning -asked if he was talking about repairing the trusses and bringing them back to where they were before the wind storm. Mr. Jahn said that he was. Mr. Henning asked if he thought they could indemnify themselves and get back to where they were for approximately $5000 or less and wanted to know where the plywood came in. Mr.Jahn answered that even if the trusses were placed back, with the storms they have been experiencing, the only safe way to leave them is to completely sheet out the trusses to give them the needed rigidity. Mr. Henning said the third check sent back to Finance was $11,900 and some dollars. V/M Massaro asked if the sheeting was included in that check and Mr. Jahn said that it was. Mr. Henning said there was a question on insurance coverage and Council is trying to determine how much they have been set back. OW-1Z 7/10/85 /vdw V/M Massaro said the loss was not Council's problem but Mr. Feld's fault because he is building it. Mr. Henning said regardless of whose problem it is, they need to get an idea of the setback. Mr. Henning asked if it would be less than $5,000. Mr. Jahn said $5,000 or less. V/M Massaro said she did not agree with that figure. Mr. Jahn said the cost of plywood would be around $2,000. C/M Stein assumed that what Mr. Jahn has requested is proper because they can not place the trusses without the plywood. He said he did disagree that these are Acts of God. He said every homeowner has wind storm insurance and the loss was due to a wind storm. He said it is a question of what is insurable and wind storm damage is insurable. C/M Stein said they hired the con- tractor to do a job and it would be proper to approve the expenditure and get the roof up and sheathed. Mr. Henning said they have certificates of insurance for liability insurance from the contractor but he has no certificate indicating storm insurance; however, even if he does not have it, he may be liable for the damages. V/M Massaro said his company has indicated that he has no coverage. Mr. Jahn replied that verbal communication with the company indicated that he has no coverage. Mr. Henning said there is a difference between liability and insurance coverage. He said he may be liable whether he is insured or not. V/M Massaro asked for clarification on Council's position with Mr. Feld. She questioned if the City has the right to go in either taking it legally away from him or entering into a new contract. Mr. Henning said that is what tomorrow's meeting is about and advised that she is welcome to attend. Mr. Henning said there is a seven day provision on a default in the contract and that has already been exercised with written notifica-t-ion. Ike said Mr. Feld was in default with the sewer lines that were not going according to schedule before the wind started blowing. He said the seven days expired last Friday so they can follow through on the default pro- vision of the contract which may include arbitration procedure unless they negotiate otherwise. He said he wanted to meet with Mr. Feld and negotiate his leaving the job, the arbi- tration procedure to determine what the next steps are or determine if he stays on the job what he is going to do. _ __. -19- — - 7/10/85 /vdw J V/M Massaro MOVED to TABLE this item until tomorrow's meeting on 7 11 85. SECONDED by C M Stein. VOTE: ALL VOTED AYE 13. Oasis Lounge at 3 Lakes Plaza. - Discussion and possible action to approve a special permit for extended hours for on -premises consumption of alcoholic beverages pursuant to Ordinance 85-38. SYNOPSIS OF ACTION: APPROVED AS AMENDED pursuant to Or inance 85-38 V/M Massaro approved the application but noted on the application itself that the entire subject at the bottom should be deleted. Mr. Henning said it should read, pursuant to Ordinance 0-85-38, "No off -premises consumption - 2 a.m. to 8 a.m..." V/M Massaro said there should not be hours.stated. Mr. Henning conLinued that the ordinance states that there will be no on -premises consumption from 2 a.m. to 8 a.m. He said under the extended hours permit it would read "No on -premises consumption 7 days a week, 2 a.m. to 7 a.m.". He said it would also read. "New Year's Day - Closing at 4 a.m.` and the day after St. Patrick's day (3/18/85)". V/M Massaro said the statement that no off -premises consumption 2 a.m. to 8 a.m. does not belong in there at all because there is no off -premises consumption involved in this permit. She reiterated that the hours should be eliminated. Mr. Henning said somewhere it should read "On -premises con- sumption only". He said package stores can sell over the counter. V/M Massaro said this is not a package store. Council determined that the statement pertaining to off -premises consumption from 2 a.m. to 8 a.m. should be deleted. V/M Massaro MOVED that the special permit for extended hours Ordinance 85-38 be approved for the Oasis Lounge for a three- year period and the fee of $500 has been paid. Mr. Henning clarified that this will allow opening at 7 a.m. instead of 8 a.n., seven days a week for three years. Mr. Henning asked Council if they wanted the two holidays to continue with the 4, a.m. closing and Council indicated that they did. SECONDED bit C/M Stein. V/M Massaro said, in view of the fact that this application had been signed, she wanted it clear that the hours indicated at the bottom have been erased and are of no substance. Mr. Henning asked that a report of Council action be attached to the application. VOTE: ALL VOTED AYE 20- 7/10/85 /vdw GENERAL ADMINISTRATIVE/FINANCIAL 12. Public Works De artment — Discussion and possible action to confirm the City Manager's appointment of Michael Couzzo as Public Works Director (tabled from 6/26/85). SYNOPSIS OF ACTION: TABLED to next regular meeting on 7/24/85. V/M Massaro said she would like to see Mr. Couzzo appointed as Public Works Director but asked that it be withheld to the next regular meeting 6n,7/241$5 to allow _-Council to investigate the salary question. She said she would like to look into any new agreements that are being made so that Council can evaluate what they are doing with vacation time and sick leave. V/M Massaro MOVED to TABLE this item to the next regular meeting. SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE 16. Trio to New York on 2/28/85 by Elly F. Johnson, Cit Manager, and Stephen Woo , former Finance Director - Discussion and possible action and status report on a request by the Charter Board for the following information: a: What was the purpose of the trip. b) Was the trip authorized. c) By whom and the date authorized d) Was a report given to the City Council. SYNOPSIS OF ACTION: TABLED subject to turther investigation by the Charter Board C/M Stein said payment was approved based upon the following: aT 'The .purpose o the trip was to discuss ttEe issuance- Fie bonds (b) The trip was authorized by the City Manager who claimed he had the authority to do so',, (c) The date was 2/28/85 (d) The only report given to City Council was that it was not prudent to proceed at that time because of the ESM situation. He said Council received a report that they had made a presentation to both of the rating companies which was well received but upon advice from Council and the City Attorney, application was withdrawn for rating at that particular time. C/M Stein MOVED that this item be REMOVED from the agenda. C/M Stein said Council approved that Mr. Johnson did not have to refund any part of the money expended for the trip. C/M Gottesman asked if the report referenced by C/M Stein was a written report because he did not remember seeing it. Mr. Henning said if Council reviewed the Reports to Council about the time ESM was discussed mention of this trip would be in that area. Mayor Kravitz said this was done at the request of the Charter Board and asked if they would like to reply. Zeke Feldman, Charter Board member, said he felt something was being covered up. He said according to his spread sheet, Mr. Johnson flew to New York to get a rating on the bonds and, under the Charter, he had to have permission to make this trip. He said Mr. Johnson's fare was $169 and he charged his breakfast. Mr. Feldman said he also spent $131.90 for a hotel registered under Dean Witter. He said he questioned that if he went on the trip for the benefit of the City of 'Tamarac why he registered under Dean Witter. He said Mr. Johnson also charged for a lunch after he - returned home in the amount of $12 but added that Mr. Johnson had his lunch on the plane. He said there was an expense of $15 making a total of $539.90 that the city paid for that trip. -21- 7/10/85 /vdw J Mr. Feldman asked why this information could not have been obtained by a telephone call. He said the notice of the bidding of the bonds, which cost the city $2,000 to publish, read, "For further information, contact the City of Tamarac", ...._with a telephone number and "Dean Witter Reynolds"in Tallahassee. He said when they went to New York they had no -au horizatiori. - Mr. Feldman challenged C/M Stein to show him where Mr. Johnson had the authority as it was implied only. C/M Stein said that he informed that they had a report whereby the City Manager said he had the authorization. Mr. Feldman maintained that this subject pertains to Resolution 85-20 because it is About bonds, whether.it is the rating, selling or buying of bonds. He referenced Resolution 85-20 "Whereas, it is necessary for the City Council to prescribe the method of providing notice of sales for said bonds, providing a date for the sale of the bonds, approving an official sale notice and authorizing all other action necessary in regard to the competitive sale of the bonds". He said they had to have permission from the Council and he can not see anywhere that they were given permission to make that trip. Mayor Kravitz said there was a MOTION to remove the item. SECONDED by C/M Munitz. Mr. Henning said he was a little confused by the memo from Mr. Feldman and said he did not know if he was speaking on behalf of the Board or individually. He said he did not understand the referenced 8 03A which discusses tha t th report makes. gation, what the Council refunds, ey to Council as to any investigations the Charter Board He asked if the Charter Board has conducted an investi- and if they are, the Chapter he referenced states that they should report to Council conclusions of their investigation are and then has 30 days to take appropriate action to obtain adjustments, explanations or whatever. Mr. Henning said he looked into the Charter under Section 503b and learned that they have the right to request city staff to give them information. He said if they want the information it could be accomplished bcontacting the City Manager, City Clerk or Finance Department without having this item on the agenda. He said Section 802a of the Charter authorizes them to investigate but he still did not see the need for it to be on the agenda. Mr..___HEnning._ airs a-4)-e-r..son can-- g-o----Ytyr-k , - return--f-ram_..__.. New York within 24 hours and not get a Supersaver Discount at $99. He said they also can not accept the fact that hotels are at least $100 per night in Manhattan. Mr. Henning --said another well known _fact that Stan Ros-s—who. -i-% rho-. -- -- authorized financial advisor for the city for the bonds works for Dean Witter and it is possible Stan Ross made the reservations for Mr. Johnson and Mr. Wood and signed them "Dean Witter" instead of Tamarac. Mr. Henning said if they want Council to pursue obtaining a refund of $15, GP c n be looked into. I Stein explained that no one on the Council is questioning the Charter Board's authority to make an investigation. He said he asked that it be removed from Council's agenda because there is nothing; to discuss. He said the Charter'Board can come back with their recommendations and then Council would have something to act on. _22- 7/10/85 /vdw C/M Munitz said that Mr. Henning made a good point because at no time has Mr. Feldman indicated his relationship with the Charter Board and questioned if he was speaking as authorized by the Charter Board and if he is, when was this authorization given. Mr. Feldman said at the last Charter Board meeting they decided to authorize him to obtain further information on this subject. He advised Mr. Henning that they were not talking about $12 or $15 but rather money that does not belong to them for which they filled out a voucher. He said they also have a charge of $7.07 for a telephone call to Mr. Wood's personal residence and asked Mr. Henning how he would explain that. Mr. Henning addressed Mr. F'eldman's concern that they should have negotiated the bond ratings over the telephone and remarked that Mr. Johnson informed them that they did not have a rating and their appearance was requested. He said, according to Mr. Johnson, the rating institutions refused to give the city_ -a __ rating on $8 million dollars' worth o-f--bonds -based on a telephone call. Mr. Henning said as far as charging calls to his personal that may ne- t_et e 1-oeke-ante. Jim Godin, Charter Board member, asked if the Charter Board requested having this on the agenda. Mr. Henning said they were told at the Pre -Agenda Meeting, under threat of the Charter, that Council would be investigated if they did not place this on the agenda. Mayor Kravitz said they had a letter to that effect. Mr. Godin said he did not know where that letter originated. Council informed him that it was from the Charter Board. Mr. Godin said all they were seeking was information to clarify the situation and did not expect it to be blown up to these proportions. C/M Munitz asked Mr. Godin if he was saying that the only action taken by the Charter Board was to seek and request information. Mr. Godin said they were seeking information and that he suggested that they send a letter because Mr. Johnson had a heavy schedule and if he wanted to make an appearance, it would be okay if he had the time. He said the only thing added was that a copy should go to Council so they could be aware of what they were doing. Mr. Henning asked if they had received copies of the checks, plane tickets, etc. from the Finance Department because they were directed to do so. Mr. Godin said they were receiving information which was revalent when the other administration was in and signing vouchers but now the rules have changed and there are receipts. _23- 7/10/85 /vdw L� Tape Mr. Henning said that Finance was directed to give all the 5 information they had on the subject to the Charter Board. Mayor Kravitz stated that there is a MOTION to REMOVE the item. SECONDED by C/M Munitz. V/M Massaro said that instead of removing the item that it be returned to the Charter Board asking them to complete their investigation and then give Council the results so that appropriate action may be taken, if necessary. C/M Stein WITHDREW his original MOTION to REMOVE the item and C/M Munitz WITHDREW his second. C/M Stein MOVED to send the item back to the Charter Board for their investigation and they are to report back to Council and then, Council can take such action as they see fit. Mr. Henning said this would be a MOTION to TABLE awaiting the action of the Charter Board. SECONDED by V/M Massaro. VOTE: ALL VOTED AYE Mayor Kravitz recessed the meeting until 1:30 P.M. for lunch. ROLL CALL: PRESENT: Mayor Kravitz V/M Massaro C/M Gottesman C/M Munitz C/M Stein 15. Tamarac Veterans Park (Cyp ress ss Creek Commons) - Discussion and possible action to direct the City Planner and Vice Mayor Massaro to develop a cost efficient beautification plan for shading the picnic area and to report to the Council prior to implementation. SYNOPSIS OF ACTION: AUTHORIZED V/M Massaro and City Planner to develop a cost efficient beautification plan for shading the picnic area and to report to Council prior to implementation. V/M Massaro said she was requested by the Parks Commissioner to try to obtain trees for the picnic area. She said there are some trees available at no cost other than the transportation costs incurred by the city. She said if Council directs, she along with Richard Rubin, would seek what is available and determine the cost to transport and plant them and report their findings to Council for consideration. C/M Gottesman MOVED to AUTHORIZE V/M Massaro and Richard Rubin to work together for possible action to effect beautification of the picnic area in Veterans Park. SECONDED by C/M Stein. VOTE: ALL VOTED AYE 14. Tamarac Park Satellite Building - Status Report - Discussion and possible action on the construction contract. SYNOPSIS OF ACTION: (See Pages 2, 18 - 20) Motion made to reconsider item 14 b); APPROVED $1500 payment to Varker Construction Company for truss work -24- 7/10/85 /vdw V, V/M Massaro MOVED to remove 14 b) from the TABLE for recon- sideration. SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE C/M Gottesman explained that this crew was brought in on very short notice and did a job for the city at a price of $1500 and has nothing to do with 14 a). C/M Gottesman MOVED to AUTHORIZE payment of the $1500 to Varker Construction Company. SECONDED by V/M Massaro. VOTE: ALL VOTED AYE UTILITIES WEST 10. Northwest Force Main (Project 84-6) - Discussion and possible action to approve an agreement with Williams, Hatfield & Stoner for additional services to revise the City's grant application in accordance with an amendment to the 201 Facility Plan. SYNOPSIS OF ACTION: (See Page 10) APPROVED payment o $2400 to Williams, Hatfield & Stoner charged to Account #432-367-538-649 V/M Massaro MOVED the APPROVAL of payment of $2400 to Williams, Hatfield & Stoner, Project 84-6, charged to Acct. #432-367-538-649. SECONDED by C%M Munitz. VOTE: ALL VOTED AYE GENERAL'ADMINISTRATIVE/FINANCIAL 17. Traffic Engineering Study - Agreement with Kimley-Horn & Associates - Discussion and possible action to approve: a A en um No. 1 to agreement to provide for submission of monthly invoices to the City Planner b) Payment of Invoice No. I in the amount of $2,498.55 c) Payment of Invoice No. 2 in the amount of $288.87 SYNOPSIS OF ACTION: a APPROVED AS AMENDED; b) & c) APPROVED; d) AUTHORIZED to negotiate a settlement for a reduction in the fee Agendized by consent (See Page 1) a) V/M Massaro said they have an Addendum No. 1 and asked Mr. Henning if he felt the number should be changed. Mr. Henning said Addendum No. I should be changed to "Addendum No. 2". He said he recommended approval based on an approval by the previous City Manager as he would be the liaison to review the work of the Consulting Engineer. V/M Massaro MOVED the APPROVAL of Addendum No. 2 of the agreement to provide for submission of monthly invoices to the City Planner. SECONDED by C/M Stein. VOTE: ALL VOTED AYE b) V/M Massaro MOVED APPROVAL of the PAYMENT .which is Invoice No. 1 against Task Force C/M Gottesman. Mr. Henning said this is charged against fee. VOTE: ALL VOTED AYE -25- 14. $S9CONDED'by the $32,000 contract 7/10/85 /vdw 1 c) V/M Massaro MOVED the PAYMENT of Invoice No. 2 in the amount of $288.87. SECONDED by C/M Gottesman. Mr. Henning explained that this item is No. 5 outside the contract consisting of the hourly rates paid to the experts for various meetings and is in addition to the $32,000. //6111125 ALL VOTED AYE d) V/M Massaro said that Council should not have allowed this to be considered at all because throughout the years the city has not permitted them to touch 64th Avenue as far as the portion that is adjacent to Woodlands. She said a letter was received from Woodlands indicating their opposition. V/M Massaro referenced a letter in Task 2, page 4 of 9, subsection k, which stateda it reduction in fee will be negotiated if the city directs that the scope of work in the Task Order be reduced before the Task is started or completed". V/M Massaro — -- said-- that i-s ,why .it -was._._.­agend!-z-ed-because t o..neG-. ki-ant-... -t, She suggested that they be asked to remove it and someone negotiate a reduction in the fee and so MOVED. SECONDED by C/M Stein. She cautioned the City Attorney that there was a section that -requires that it be done in a specific way. Mr. Henning replied that he had included it in the amendment to strike that sentence from the paragraph which reads, "As part of this modeling process the consultant will analyze the future need for improving N.W. 64 Avenue between Commercial Boulevard and N.W. 44th Street to a four or six lane facility". VOTE: ALL VOTED AYE 21. Broward Countz Committee for Community Development - iscussion and possible action to select a City repre- sentative to the annual election meeting of this committee. SYNOPSIS OF ACTION: V/M Massaro appointed to serve as liaison to this committee. V/M Massaro said Richard Rubin, Consultant City Planner, indicated that there is nothing they can do to obtain any grants from this particular organization and she requested that he address it. Mayor Kravitz said that is not the issue now but the point is Council can appoint somebody and then when it comes up, it still has to be ratified by Council. V/M Massaro asked what had to be ratified. Mayor Kravitz said anything that comes up in the way of a grant. V/M Massaro said it will never come to Council because - -a-cc-ordiirg- t-o--fir .---Rub-in-..the chance C/M Stein asked to be appointed to attend and Mayor Kravitz suggested that the liaison to that committee be Council's representative. V/M Massaro said she is the liaison for that committee and she would accept the appointment. C/M Gottesman MOVED to APPOINT V/M Massaro to serve as liaison to this committee. SECONDED by C/M Munitz. VOTE: ALL VOTED AYE -26- 7/10/85 /vdw 22. Broward Lea ue of Cities Business - Discussion and possible action. SYNOPSIS OF ACTION: REPORT given by Mayor Kravitz Mayor Kravitz reported that the next meeting will be held on July 18, 1985 at Justin's, and the program consists of three items. He asked those who are interested in attending, please contact Council's.of:tice. He distributed copies of the July 2, 1985 Board mina tes. Mayor Kravitz informed that Acting Mayor Bob Butterr.aorth is sponsoring an open house prior to the league meeting on July 18 from 5:30 p.m. to 6:30 p.m. and all league members are welcomed. He said this function will be held at Sunrise City Hall. 23. Northwest Council, of Mayors Business - Discussion and possible action. SYNOPSIS OF ACTION: REPORT given by Mayor Kravitz. Mayor Kravitz reported that they met Monday, July 9, 1985, and as a result of the subcommittee, it was recommended that in order to keep the costs down, they meet each month in a different city and that the secretary of that city will take the minutes, and distribute them at no cost to the cities. Each hosting city will provide lunch, at no cost, to those attending. Mayor Kravitz informed that if the ten cities of the Northwest Council of Mayors voted together they would have 31 votes, based upon population, as opposed to Fort Lauderdale and Hollywood's combined votes of 32. He said that he viewed this as an inequity that two cities'votes can wipe out all ten. The Northwest Council of Mayors recommended to the Broward League that they consider changing the voting structure. He said the Broward League presented it to their Board and DENIED the Council's request because they do not feel that it is necessary to change the voting method. He said it was TABLED Monday for next month's meeting which will be held in Sunrise. He added that the Acting City Manager and C/M Gottesman were in attendance. -27- 7/10/85 /vdw 1 n J PUBLIC HEARINGS- 2:00 P.M. 24. Copans Self Storage, Inc. - Rezoning Petition #13-Z-85 - Temp. Ord. #1207 - Discussion and possible action to rezone lands on the west side of NW 79 Avenue, approxi- mately 225 feet north of NW 57 Street, and extending northwardly for approximately 360-feet, from B-2 (Planned Business) to B-3 (General Business). First Reading. a) Acceptance of Affidavit of Publication, Affidavit of Mailing and Affidavit of Posting b) Consideration of application SYNOPSIS OF ACTION: a ACCEPTED b) DENIED Temp Ord. #1207, on First Reading Public Hearing was held. b) Mr. Henning read Temp. Ord. #1207 by title. a) Assistant City Clerk Carol Barbuto acknowledged receipt of Acceptance of Affidavit of Publication, Affidavit of Mailing and Affidavit of Posting. V/M Massaro MOVED to APPROVE the Affidavits of Publication, Mailing and Posting. SECONDED by C/M Stein. VOTE: ALL VOTED AYE b) Dick Rubin, Consultant Planner, stated that the petition before them is to rezone a parcel of land less than five acres on the west side of 79th Avenue, north of 57th Street, south of the Tamarac Nursing Center. He said the rezoning request is to rezone the land from its present B-2 classification to B-3. He said a recommendation was written on June 12 to the Planning Commission the Planning Commission heard the item on June 21 ana recommended that the rezoning be DENTED. Mr. Rubin said staff had reviewed the application and for the reasons cited in the June 12 memo, he also recommended DENTAL of the rezoning. Mr. Rubin said the applicant has a slide presentation which is very thorough and clear and evidenced that he is a very articulate speaker. He asked that the applicant be allowed to speak now and if Council wishes, he will then give the reasons cited in his June 12 memo for DENIAL of the rezoning. Mr. Henning asked that Mr. Rubin read his July 12 memo for the record so that the public will know what he based his conclusions on. Mr. Rubin read, "The applicant proposes to rezone a parcel of land on the west side of 79th Avenue, north of 57th Street, from B-2 to B-3 for specific purposes of constructing mini - storage facilities. It is the recommendation of the Consultant Planner that the rezoning be DENIED for the following reasons: 1. B-3 uses are generally placed adjacent to regional roads; NW 79 Avenue is a minor collector. 2. This parcel of land was ordered by the Courts to be rezoned to B-2. It was previously planned by the City for this parcel to be residential; therefore, increasing intensity to B-3 would further reduce the character of the area. 3. NW 79th Avenue acts as a major entrance to Edgewater Village;based upon the pending development of Midway Plaza to the East, NW 79 Avenue has the potential to become a minor service road for trucks and adding mini -warehouses to the road would further jeopardize the residential entranceway to Edgewater Village to the North. sm 7/10/85 /vdw 4. If the rezoning is approved to B-3, there are other uses permitted in B-3 that are even more intense that would even further exasperate the character of the neighborhood. And, as you know, when we rezone to B-3,. it is not for specific use; it•is to allow all the uses allowed in the B-3 classification. Bill Tennerman, Vice President of Copans Self -Storage, Inc., said the use that they are talking about generates very little traffic compared to any B-1, B-2 or B-3. He said the land has always been zoned as B-2 and it was the --city s effort---to—rezone it f-o residential that-. was later reversed by the Courts. Mr. Tennerman referenced reason #4 of Mr. Rubin's memo and reported that he had submitted a letter to Council indicating that he would be willing to deed restrict the property, since it has not been platted, regarding height and use. He explained that alternate uses that are allowed in B-3 would be nixed other than their proposed use. He said he would be willing to incorporate any other site plan recommendations such as landscaping as recommended by Council. Tape 6 Mr. Tennerman presented an eight -minute slide and audio presentation. Mr. Henning said they know the concept but they still do not know what the site is. He said this is not a site plan review but merely a rezoning hearing however, he said they should be advised of the proposed site plan and an understanding of height restrictions and entrance locations. Mr. Tennerman said that on setbacks in the B-3 zone: the side yards are 25', the front is 50' and the rear is 501. The height limitation allowed in B--2 is 40' and in B-3 it is 50' and they have indicated that they will deed restrict their height to 10'. He said regarding the setback area 29% of the total area is landscaped. He said in the rear and the side yards where the neighbors would be most sensitive to their development there is no parking, no driveway and is fully landscaped. 1 He said the front of the property only has one driveway in and one driveway out with a security gate system in front. Mr. Tennerman said that each bay is given a code and that code when punched into the gate chamberiwill allow the person to enter unless there is something wrong in their bay He said the computer also keeps track of what day they came, what time they came in and left and can accurately tell how many people were there and so forth. He added that was how they knew their traffic counts. He said he finds it not only helpful in their day-to-day management but in their business management of their rents, etc. He said there is not an on -site living manager but there is a manager on site at all times during working hours which during the week is usually 7 a.m. 7 p.m. and on the weekends it is 9 a.m. to 5 p.m. Mr. Tennerman said there were no vehicular driveways along the rear and everything is self-contained within the driveway. He said all the business inside is not visible to anybody on the outside. He said they have proposed to use decorative block walls to try to blend in and make an attractive facility that is very limited in its impact on the neighborhood as a whole. He said there is a problem with traffic backing up on that corner with the Post Office located there. He explained that the fact that this property is zoned B-2,there could be an WE office building or a number of things that would generate more traffic .. than what they are proposing. Mr. Tennerman.said they are buying the entire acreage from the corner all the way back and they are only requesting rezoning on this particular piece and the balance of 57th Street will remain zoned as B-2. Mr. Henning asked the proposed use for the B-2. Mr. Tennerman answered that, ideally, although they have not done a full feasibility on it, they would probably build professional offices and added that, in their opinion, it does not lend itself to retail because it is not on a main street. Mayor Kravitz opened the hearing to the public. Carl Alper, resident, said that the application before Council is to put a warehouse facility in an area which prohibits it presently. He said the land is zoned B-2,which does not allow warehouse facility,so the applicant is seeking to rezone to B-3 and he stated that he is opposed to the rezoning for the following reasons: 1. He said he believed that it is illegal spot zoning contrary to Florida law. 2. The Planning Commission unanimously DENIED the petition and urged Council to support the Commission. 3. He said after many months of discussion and many meetings, a comprehensive plan was adopted by the city permitting storage facilities in Land Section 7 and Land Section 7 would be ideal for this storage facility. 4. He said it has been his observation and experience, that wherever storage warehouses have been erected, surrounding property values have gone down precipitously. 5. He said what it does attract, because it is uninhabited, is a great amount of burglary and thievery. He said unlike a home, which is occupied, a storage facility is an open invitation to burglary and said there are more breakins to this type of facility than any other. b. People can store all kinds of things, perhaps even dangerous things. Mr. Alper.said storage facilities add to police and fire stress and add to police and fire budgets. Mr. Alper asked that Council support the Planning Commission and deny the petition. Alexander Hoffman, resident, said that he realized that changes should come about but that they should be for the better and not for the wors-e . He said no one is complaining about the B-2 zoning but to rezone that area to B-3 to allow warehouses to be built will cause problems. Mr. Hoffman said it would increase commercialization of the area in the vicinity of private residents, bring in large moving trucks - additional traffic hazards. He said the warehouses may be a dumping ground for drug -related criminal evidence as no one checks the contents of the packages. He said the proposed warehouse will cause consternation and anxiety to the mostly retired residents of that area who have invested their life savings in their homes. He asked that the petition for rezoning be DENIED. Inez 7/10/85 /vdw J Homer Searle, resident, said any closed container, even if it is empty, can be considered an explosive item He said a warehouse is an industrial item and that the proper place for that would be on the other side of 94th Avenue and about a half a mile west of Commercial Boulevard. He said the rezoning request should be DENTED. Julia Searle, resident, said it would create more pollution because there will be bigger trucks, more traffic, and the property values will go down. Carl Rosenfeld, resident, said that he is sure that the proposed nursing home would not want the storage building in front of them. He questioned how many units or doors are proposed for this development. Mr. Tennerman said he did not know the exact number but that it would probably be around 650. 1-1 Mr. Rosenfeld said the proposed building is - detrimental for the entire area and emphasized how much he was against it. George Goldstein, resident, said that in many of the warehouses people run mini -businesses which will generate additional traffic. Sol Wish, resident, said he had complained on numerous occasions about the excessive traffic on 57th and 79th Avenue. He said the Post Office has already created a tremendous traffic problem and if the warehouses are permitted, it will cause a tremendous blockage. Max Offenber�, resident said to permit the building of the - ---- warehouses would be a blight to the area and would be lowering t.heir..__txhl e_.-irzcrame-....rathe-r .tk..�acng- --.... Bernard Weikis, resident, said he could give the people a tour to give them an idea of what effect a warehouse can have on an area. He also stated that there are a great number of accidents on 79th Avenue generated by the -Rost -Office traffic. Mr. Tennerman said people kept using the word "warehouse" and clarified that they are not a warehouse but a dead - storage facility. He said the differences are: 1. The size and design of the bays are much smaller in a mini -storage. 2. There are no utility services such as toilets, plumbing, water pipes, or electrical outlets except for the electrical outlet over the top to allow a light bulb in each bay. 3. There are no extra parking spaces in front of the bays. 4. There are no store leases. He said the storage leases explicitly spell out and prohibit the use of the bay for any use other than dead storage. 5. The building will be issued only one occupational license for the entire project for the exclusive use of dead storage and any other store could not come in and legally get a license to operate. Mr. Tennerman said they own two of these facilities and are in the process He said the company that manages their that in their history, since 1969, they it was not related to storing dangerous -31- of building three more. facilities owns 12 and have but one fire and items. 7/10/85 /vdw J He said their computers monitor the amount of traffic and that this facility will generate far less traffic even if there were single family homes there. Mr. Tennerman said the nursing home has a vested interest in the area as they have closed and bought their land and, if they were worried about the value of their property, he was certain that they would be present to speak against it. He said he has attempted to contact them and has not heard from them. Mayor Kravitz closed the public hearing. Mr. Henning said that he understood Mr. Tennerman to say that this was not his first project in this type of business and asked him other locations in Broward County that he operates. Mr. Tennerman said they just opened a facility on Copans Road in Margate in the new industrial section. He said across the canal from the facility is Coconut Creek and the property is zoned residential. He said the second facility is located on Sample Road east of Powerline across from Crystal Lake and west of I-95. He said on the other side of the lake is residential but behind them is a trailer park. Mr. Henning asked how many lanes was Sample Road at that location. Mr. Tennerman said they have just expanded it to four and soon it will be six. Mr. Henning asked if there was a median there. Mr. Tennerman said that there was a median. Tape He said there is a third location in Plantation on N.W. 18th 7 Street, east of Sunrise west of the turnpike. Mr. Henning asked if there were high schools near there. He replied that there was a high school and noted that it was located east about a quarter of a mile. He said it was on a two lane road very similar to the location proposed to Council. Mr. Henning asked if there were any other locations. Mr. Tennerman said there was one on Dixie Highway in Pompano. He said it was really behind Dixie Highway and does not actually front on it north of 62nd Street, Cypress Creek Road. Mr. Henning asked if that particular location had a trailer park on one side, railroad tracks on the other side and ware- houses on the other side. Mr. Tennerman indicated that Mr. Henning was correct. He said they have no other facilities in Broward County but they do have in Lake Worth County and in Palm Beach County they have one in Delray which is just about to get started that will be near Jog Road and Atlantic Avenue and is right across the street from Cocoa Ridge Subdivision. He said Atlantic Avenue has four lanes. He said there is one located in Lake Worth on Military Trail and Lake Worth Road right across the street from a shopping center and in the rear of that facility are single-family homes. M_FZ 7/10/85 /vdw J Mr. Henning asked if it was typical in this industry to develop in a fully -developed area or to go to an outskirts area and have the area grow to you. Mr. Tennerman explained that in selecting a site they try -to select one towards or outside of growth or near it. He also stated that they try to get into an area where they are surrounded by people on all four sides. He said he did investigate Land Section 7 as a proposed site but decided against it because their business is one of convenience for people to come by once a week or maybe once a month to inspect their possessions and they have to be in an accessible location or they will not utilize their service. Mr. Henning asked if it was typical for this business to be a long-term permanent business or would it last maybe ten to fifteen years at this location before selling the land. Mr. Tennerman answered that he has never owned one for that long but he said the building, with normal maintenance, could easily last twenty years or longer. Mr. Henning asked if this system was similar to the Public Storage System (PSS). Mr. Tennerman said it was similar but much nicer. He said they do not have outside turbines but their air system flows under the gutters, there is nothing on the roof and they use concrete block,which costs three times as much as regular block. He said they make a real effort to stylize their facilities. Mr. Henning asked if the building they have a picture of was a ten -foot building. Mr. Tennerman answered absolutely. He said there is a ten - foot wall. Mr. Henning asked if he was proposing a deed restriction, along with the ten -foot height, which, in essence, would be a B-2 zoning plus mini-viarehouses. Mr. Tennerman said that was correct and read exactly how he phrased it in his letter to Council: "We as developers/ owners are willing to deed restrict the subject property through platting or some other means mutually agreeable and said restrictions would include limiting proposed facilities to a building height of 10' which is about 1' less than the height of the houses across the canal together with a use restriction prohibitir+g all B-3 uses not allowed in B-2 except for self storage". V/M Massaro MOVED that the petition be DENIED. SECONDED by C/M Gottesman. C/M Munitz said it does not belong where it is proposed to be put and he expressed his opposition. C/M Stein said it was the will of the people that they do not want this facility in their area and he endorsed the DENIAL of the petition. -33- 7/10/85 /vdw Mr. Henning said it was no secret what the will of the neighbors is but the people also have some property rights within the law to be considered by this Council. He said a couple of points indicated that were on their side were that: Tamarac is concerned with storage outside of boats, and there are parking lots for recreational vehicles need in the appropriate place for some storage because of strict ordinances which prohibit outside storage in residential areas. Mr. Henning said he was concerned, according to the Code Book, because, on the one hand, they want to come in as storage warehouses, B-3 only, which has no restrictions. He said a deed restriction plus storage subverts the zoning intentions and comes close to contract zoning. He said the alternative is a more lucrative approval of B-3 in general and then the door would be open to a lot of other uses and felt that there was no winning proposition either way. He said B-3 is the most liberal, commercial area in zoning within Tamarac and added that there is virtually no B-3. Mr. Henning said through the testimony of the petitioner, most of the applications are on four -lane highways with median strips for access, railroad tracks and other warehouse areas not fully developed. He said the proposed site is within an area that has been quiet for many years and now is about ready to blossom with much development. Mr. Henning said it is probably a very reputable business and that there should be no insinuations that drugs would be stored there or explosives. He said in the right place it would probably be an asset to a community but he did not think that they have selected an appropriate place for B-3 zoning at this hearing. V/M Massaro MOVED that Copans Self -Storage, Inc.'s Rezoning Petition #13-Z-85, Temp. Ord. #1207 be DENIED on first reading. SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE 25. Blue Dolphin Restaurant - Jack Rosenfield - S ecial Exception Petition --Z- - Temp. Reso. 43692 -W Discussion and possible action to grant a Special Exception to allow this restaurant to expand into the next door bay at 8114 University. Drive for additional seating capacity. SYNOPSIS OF ACTION: APPROVED Temp. Reso. 43692 Resolution No. R-85-224 PASSED Public Hearing was held. Mr. Henning read Temp__Reso. #3692 by title. Mr. Rubin said this has been reviewed by the Planning Commission and that they recommended allowing the extension as requested by the applicant. He said the Planning Commission expressed concern as to whether there was enough parking provided by Code. He said he did an analysis of the parking history as requested by the Planning Commission, and distributed a memo dated July 10, 1985 which states that in 1982 a parking waiver was granted for nine (9) spaces at this center and that since there wave 158 provided it would bring the total to 167 spaces allowed by Council. Mr. Rubin said the total parking required, based upon analysis of the usage, is 156. He said the Blue Dolphin would add only two more spaces by expanding into that bay plus the four spaces already assigned to that particular bay. He said 167 spaces would be adequate to comply with the code requirement including allowance for the Special Exception if it were approved. Wm 7/10/85 /vdw j Mayor Kravitz opened the public hearing to the public. Carl Alper said there is plenty of parking available at the restaurant and that it is a desirable place that is well patronized. Mayor Kravitz closed the hearing to the public. C/M Stein said that it was not reasonable to talk about six parking spaces for a restaurant. Mr. Rubin clarified that there are already spaces assigned to Blue Dolphin Restaurant. He said the space that they wish to expand into is 800 sq. ft. so at a 1 to 200 ratio, which is normal retail ratio, four spaces would be required. He said for restaurants it is one car for every 125 sq. ft. which requires six (6) spaces and the additional bay will also provide an additional six spaces. C/M Gottesman said that it has been his observation that most of the businesses in that particular area have already closed around 4:30 or 5:00 and he felt there would be ample parking space there. Mr. Rubin said that was an excellent comment as the Code does not allow mixed uses or shared parking but this restaurant is open at night when the other retail spaces are not being used. V/M Massaro MOVED to APPROVE Temp. Reso. #3692 for Special Exception Petition #14-Z-85. SECONDED by C/M Stein. VOTE: ALL VOTED AYE 26. Sunset Isle Maintenance Association 13 Inc. _ Rezoning Petition -15-Z- - Temp. Or #1208 - Discussion possible action to rezone the lands adjoining the Recreation Area of Mainlands 13 on the north side of NW 59 Court, and being bound on the east by NW 84 Terrace and on the west by NW 85 Terrace, from R-1 (Single Family Residential) to S-1 (Open Space/ Recreational). First Reading. a) Acceptance of Affidavit of Publication, Affidavit of Mailing and Affidavit of Posting. b) Consideration of application. SYNOPSIS OF ACTION: a APPROVED b) APPROVED Temp. Ord. #1208 on first reading. Public Hearing was held. Mr. Henning read Temp. Ord. #1208 by title. a) Assistant City Clerk Carol Barbuto acknowledged receipt of Affidavits of Publication, Mailing and Posting. V/M Massaro MOVED to APPROVE the Affidavits of Publication, Mailing and Posting. SECONDED by C/M Munitz. VOTE: ALL VOTED AYE b) Mr. Rubin said the application was made by the original developer. He was built and part of it was built on property zoned R-1. He said the that the R-1 property be rezoned to city is always looking for more ape applicant's request. -35- made to correct a mistake said the Recreation Area on S-1 and another part application requested S-1. Mr. Rubin said the n space and support the 7/10/85 /vdw J I -.-] 1-1 1 Mayor Kravitz opened the meeting to the public. Irving Fuchs, resident, said they want to save the tax money that they are paying on the lots and asked for favorable consideration from Council for the rezoning. Mayor Kravitz closed the meeting to the public. V/M Massaro MOVED the APPROVAL of Petition #15-Z-85 - Temp. Reso. 1208 on First Reading. SECONDED by C/M Munitz. VOTE: ALL VOTED AYE COMMUNITY DEVELOPMENT 30. Co ony West Associates - Rezoning Petition_#3-Z-85 - Temr r - Discussion and possible action to rezone the S ops of Tamarac Shopping Center (Platted as Colony West Shopping Center( (less the lands and buildings owned by Broward County for a Library) from B-1 (Neighborhood Business) to B-2 (Planned Business). Second Reading. (Public hearing held 3/13/85). SYNOPSIS OF ACTION: TABLED to a future meeting at Mr. Eden's request. C/M Gottesman suggested that this item be removed because Mr.. Eden has not come in. - V/M Massaro said that would not be fair. C/M Gottesman suggested that it be TABLED because Mr. Eden has not settled that parking situation. He said he could provide photographs to document that it is an unsafe area. V/M Massaro said his plans would not increase the parking but would increase Mr. Eden's ability to keep the stores rented. She said there are items in B-2 zoning that are not any worse or more than in B-1. SECONDED by V/M Massaro. VOTE: ALL VOTED AYE Mr. Henning asked that the Report of Action indicate that this item was TABLED awaiting a meeting with Mr. Eden so that when he receives the report, he will know to come in and see Council about it. 31. Island Club Apartments - Discussion and possible action on: a Revised site plan - Temp. Reso. #3696 b) Temporarily waiving the platting requirements in Chapter 20 of the Code in order to construct a temporary fence around the construction compound - Temp. Reso. #3583 (tabled from 6/12/85). SYNOPSIS OF ACTION: a APPROVED Temp. Reso. #3696 AS AMENDED Resolution No. R-85-227 PASSED b) APPROVED emR._Reso. #3583 Resolution No. R-85-228 PASSED a) Mr. Henning read Temp. Reso. #3696 by title. Mr. Rubin recommended approval of the revised site plan. He said the Island Club Apartments requested approval for many housekeeping changes. He said the changes sought are: -Revising the off -site entrance detail as requested by V/M Massaro. He said there is an entrance and an old road constructed by a treehouse that has asphalt too wide and they have agreed to narrow the asphalt to 24' and install a swale drainage system sod, irrigate and landscape. -Adding two project identification signs. -Revising cross section of the lake pursuant to the City Code change. He said they have decreased the width of the lake by 5' and located a force main which they have to work around. Mr. Rubin said they verified that it would still provide adequate water retention. -Relocation of the meter room -Realigning the dumpster so that they will be placed on an angle. -Removal of a fountain that they felt would be hard to maintain and will upgrade the landscaping of the cul de sac. -36- V/M Massaro asked if the driveway contained speed bumps. Sid Workman, partner, answered that they did not have speed bumps but indicated that there are speed bumps coming in through the treehouse property on Treehouse;, Lane that is existing. V/M Massaro said she was talking about the treehouse coming in to the property because she did not feel that the speed bumps belong in there when they are going to have that many units. V/M Massaro said the speed bumps have been outlawed and are damaging to cars. V/M Massaro said they would also have to do a certain amount of paving because there are holes. She said this would require an overcoat and this would be an auspicious time to eliminate the speed bumps and do them all at one time. Mr. Workman expressed no objection from his side as to elimination of speed bumps but stated that since this room is shared with another community they can not speak for them. V/M Massaro asked Mr. Henning if they can require them to remove the speed bumps Mr. Henning said if Mr. Workman has no objections, then they would have to deal with Treehouse. Mr. Workman said they have no objections and stated that he would attempt to get Treehouse to cooperate and remove the speed bumps as part of this cleanup operation but stipulated that he could not represent for the record that it was under their sole control. Mr. Henning said he thought the speed bumps would be illegal on a public roadway but this is private property. He said he felt that they could deal with Treehouse. V/M Massaro said the plan has not been marked to indicate that they would repair the road and overlay. Mr. Workman said that he would like to agree to do that wherever it is necessary because he did not want to arbitrarily repave the whole road. V/M Massaro answered that he could not do a patch job without it looking bad and reasoned that he had a new project and that he should repave the entire road. Mr. Rubin asked if she was asking them to provide a 3/4" asphalt to level the road from Commercial Blvd to their property line. Mr. Workman said they discussed 1/211. V/M Massaro said it has to be 3/4" and asked that they initial the plan. She said the swale on the east side of the driveway is to be fully sodded with bahia grass because it is much more durable. V/M Massaro MOVED the APPROVAL of Tem . Reso. #3696 AS AMENDED. to include bahia fully sodded swales, e imination ot spee bumps and to patch whatever needs to be patched on the entrance road from Commercial Boulevard and the entire entrance from Commercial Boulevard to their new project to receive a new 3/4" overlay of asphalt. She asked that the words "if possible" be added to the elimination of the speed bumps. SECONDED by Y C/M Munitz. VOTE: ALL VOTED AYE _37_ 7/10/85 /vdw b) Acting City Manager Perretti read Temp. Reso. #3583 by title. Tape 8 V/M Massaro MOVED the APPROVAL of Temp. Reso. #3583 permitting the waiving of the platting requirements under Chapter 20 for the construction of a temporary fence around the construction compound. SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE 32. Lawrence Property Group, Inc., Office Buildin - Discussion and possible action on: a) Stipulation #23 -- Temp. Reso. #3699 b) Site Plan - Temp. Reso_. c) Landscape Plan d) Water and Sewer Developers Agreement e) Water Retention Agreement f) Right -of -Way Deed for 2-feet along McNab Road - Tempp Reso. #3701 g) Utility Easement for fire hydrant - Temp. Reso. #3702 (to be located on the north side of McNab Road, east of NW 84 Terrace). SYNOPSIS OF ACTION: a APPROVED Temp. Reso. #3699 b) APPROVED Tem . Reso. AS AMENDED c) APPROVED d) APPROVED AS AMENDED e) APPROVED f) APPROVED Tem . Reso. #3701 g) APPROVED Temp. Reso. a) a Resolution No. R-85-229 PASSED Resolution No. R-85-230 PASSED Resolution No. R-85-231 PASSED Resolution No. R-85-232 PASSED C/M Munitz said a note from the Finance Department indicated that fees were due. Mr. Rubin said that fee was for a different site owned by the same people. He said there are no fees because the water and sewer agreements are before Council for approval. C/M Munitz asked if the information received by the Finance Department was incorrect. Mr. Rubin said that he did not believe it was correct. Mr. Henning asked the petitioners what the property was known as before and who did they buy it from. The petitioner replied that it was purchased from Richard F. Stephenson, Trustee. Mr. Henning said there is a Medical Arts Building which the Finance Department thought the property before Council today was a successor. Mr. Henning read Temp. Reso. #3699 by title. Mr. Henning said the stipulation was presented fully executed in deed restriction form and recommended approval. C/M Stein MOVED the adoption of Temp. Reso. #3699. SECONDED by C/M Munitz. VOTE: ALL VOTED AYE Mr. Henning read Temp. Reso. #3700 by title. V/M Massaro MOVED the APPROVAL of Temp. Reso. #3700. SECONDED by C/M Stein. VOTE: ALL VOTED AYE Mr. Rubin said this project is the same site as the Medical Arts Building approved in 1980. 7/10/85 /vdw c) V/M Massaro MOVED the APPROVALof the landscape plan as submitted. SECONDED by C/M Gotteman. VOTE: ALL VOTED AYE d) V/M Massaro asked Mr. Henning if he had picked up the guaranteed revenues. Mr. Rubin said the old site plan died in 1980. V/M Massaro said guaranteed revenues do not die. Mr. Henning said this was . a "Catch-22". He explained that if the guaranteed revenues are continuing, then there are connections on the site that they should receive credit for and if there are no connections on the site, then no guaranteed revenues should be due. Mr. Rubin said in September, 1982 a refund was given-tc t e _ .. --... -a-pp l i e a-n-t €e r_ t h e -w a--e-r---aT-�s ew e r f e e o f $1 , 8 7 5. V/M Massaro said $150 pays up until Stepmber for those ERC's. Mr. Henning continued that an office building has been proposed and the water and sewer agreement requires one (1) 1" meter for 2-1/2 ERC's. He presumed that Mr. Rubin has informed that Council DENIED 'cancetling the water and sewer agreement to the previous owners and they have been assessing guaranteed revenues since then. He said based on that logic, there are connections on site and they should not have to purchase additional connections. Mr. .Henning said since there are no connections on there, then they should not owe $150. He said if they owe $150 that fee would be for bringing those connections up to date and they should not have to buy new ones because they only need 2 1/2 connections for the site. Mr. Rubin suggested that the applicant is willing to pay the full fee, $150 plus new water and sewer fees. He said they can discuss the connection charges at a subsequent meeting. V/M Massaro said, if this is a new contract, and they are paying the connection charges, that entitles them to six (6) months because it is platted before any further guaranteed revenues are required. Mr. Henning suggested that in order not to delay them that Council accept the water and sewer agreement minus $150 and review it in the future to see if they wish to make additional _amendments,... -.. C/M Stein said if they do that they will be entitled to connections that are not there anyway. Mr. Henning said if they are not there then they would have to buy new ones and if they are there, then they will not have to buy them twice. The petitioner asked to be allowed to tender the sum subject to his legal opinion as to what is due. _39- 7/10/85 /vdw J Mr. Rubin noted that they would receive a check for $5,253.92 which represents:. $1,090.00 for retention 3,825.00 for water and sewer fees 88.92 for drainage improvement fee 150.00 for guaranteed revenue $5,253. 97 Mr. Henning said that on the water and sewer agreement, page 4, paragraph 2, should indicate, "Yes, it is platted." and on page 6, III (a) insert "2 1/2 ERC's" at both places and with that amendment, he recommended approval of the water and sewer agreement subject to review by the attorneys after the presentation. V/M Massaro MOVED the APPROVAL of the water and sewer developers' agreement AS AMENDED and instructed the City Attorney to research to determine if the amount that has been charged is accurate. SECONDED by C/M Stein. VOTE: ALL VOTED AYE e) Mr. Henning said the fee is $1,090 and is included in the $5,253.92 check given to the Assistant City Clerk. He said the water retention agreement was presented fully executed. and recommended the approval. f) 8) C/M Gottesman MOVED APPROVAL of the water retention agreement. C/M Munitz SECONDED. VOTE: ALL VOTED AYE Mr. Henning read Temp. Reso. #3701 by title. V/M Massaro MOVED the APPROVAL of Temp-. Reso. #3701. SECONDED by C/M Munitz. VOTE: ALL VOTED AYE Mr. Henning read Temp. Reso. #3702 by title. C/M Gottesman MOVED the APPROVAL of Temp. Reso. #3702. SECONDED by C/M Munitz. VOTE: ALL VOTED AYE 33. Woodmont Tract 72-A - Discussion and possible action on: a Stipulation #25- Temp. Reso. #3703 b) Request for waiver ot seawalls c) Site Plan - Temp. Reso. #3704 d) Water and Sewer Developers Agreement e) Blanket Ingress/Egress Easement - Temp. Reso. #3705 f) Blanket Water and Sewer Utility Easement - Temp. Reso. #3706. (to be located on NW 70 Street, west of NO 8U Avenue) SYNOPSIS OF ACTION: a) APPROVED Temp.--Reso. #3703 b) APPROVED c) APPROVED Temp. Reso. #3704 AS AMENDED d) APPROVED e) APPROVED Temp. Reso. #3705 f) APPROVED Temp. Reso. #3706 Resolution No. R-85-233 PASSED Resolution No. R-85-234 PASSED Resolution No. R-85-235 PASSED Resolution No. R-85-236 PASSED a) Mr. Henning read Temp. Reso. #3703 by title. -40- 7/10/85 /vdw Mr. Henning explained that this area is half of Pineapple Park which is being sold off to be redeveloped by other owners. He said it is a residential development and noted that he prepared a stipulation similar in form to those used by other developers to bring the project up to current code. He said no rezoning is involved and that it is R-3-U zoning and recommended the approval of the stipulation subject to the execution of the owners. V/M Massaro MOVED the adoption of Temp. Reso. #3703, the stipulation for CTB, Limited. SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE b) V/M Massaro MOVED to waive the requirement for the seawalls. SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE c) Mr. Henning read Temp. Reso. #3704 by title. d) e) Mr. Rubin advised that the applicant has presented two (2) checks to the Assistant City Clerk. He said one check is in the amount of $50,882.00 representing the water and sewer fee and another check for $500 representing the additional ERC Review Fee for a total of $51,382.00. V/M Massaro said they are required to backfill the median and sod it and to donate ten (10) trees along that road*. She said Bahia sod would be required and that the ten trees be a minimum of 10' in height. V/M Massaro said he has to excavate the canals to the property line as indicated in the cross- section on the plan. V/M Massaro MOVED the APPROVAL of the site plan with the stipulation that they are required to excavate to the property line as indicated in their cross- section plan and that the median be backfilled and fully sodded with bahia grass and they have voluntarily agreed to put in ten trees with a minimum height of 10' after planting. She MOVED the adoption of Temp. Reso. #3704 AS AMENDED. SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE Mr. Rubin recommended approval. He explained that there was an asterisk indicating that a portion went to Mormon. V/M Massaro asked where was the receipt from Mormon. Mr. Rubin said there was a memo from Mr. Eppo which would answer her question. C/M Stein MOVED the APPROVAL of the Water and Sewer Developers Agreement. SECONDED by C/M Munitz. VOTE: ALL VOTED AYE Mr. Henning read Temp. Reso. #3705 by title. V/M Massaro MOVED the adoption of Temp. Reso. #3705. SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE f) Mr. Henning read Temp. Reso. #3706 by title. V/M Massaro MOVED the adoption of Temp. Reso. #3706. SECONDED by C/M Muni�z. VOTE: ALL VOTED AYE Subsequent conversation with V/M Massaro revealed that the placement of trees will be synchronized with the City Planner. -41- 7/10/85 /vdw 34. Mobil Service Station (west side of 441 at Commercial Boulevard) - Discussion and possible action on a request to waive the platting requirements in Chapter 20 of the Code in order to install a kiosk and for up- grading of the station. SYNOPSIS OF ACTION: TABLED to next regular meeting (7/24/85) Mr. Rubin said the property is zoned B-1 and the proper zone for a filling station is B-3. He said the applicant has requested a rezoning to B-3 and it was TABLED by the Planning Commission. Mr.". Rubin said the applicant is also requesting to reconstruct, subject to Council's approval, a new station on that site with four (4) pump islands and a car wash. Mr. Rubin said that due to the design of the structure and the smaller size of the site due to the County's taking for a roadway, the site plan would require variances. He said these variances were tabled by the Board of Adjustment and will not be heard again until next month. Mr. Rubin said the applicant would also like a building permit subject to receipt of the afore -mentioned approvals. He said he questioned whether the property should be replatted since it does not have a plat on record since 1954 as required by Broward County standards. Mr. Rubin stated that based upon the applicant's requests and the nine (9) months staff has spent reviewing their application, the applicant has found another solution and that is a temporary request to waive the platting and place a kiosk for a cashier in the middle of the existing pump island. He said the applicant wants to change the site to a convenience store. Mr. Rubin stated that even for that minor change a building permit would be required and the question of platting came up. He informed Council that before he makes his recommendation that Mr..Allsworth, attorney for the applicant, be allowed to make his presentation in order that they get the full picture. Emerson Allsworth, attorney for Mobil, said there is extensive data pertaining to the requests on file. He said they were caught between the" -'Zoning Board and the Board of Adjustment with each one wanting the other to act first. He explained that the Zoning Board did not want to act on the zoning until the variance matter had been considered and the Board of Adjustment wanted to wait on the zoning. Mr. Allsworth said to further compound the problem the sign was put up too late and they were knocked off the agenda for another month. Mr. Allsworth informed that Mobil Oil Company inherited this station when they purchased Sunoco Oil Company. He said Mobil is interested in upgrading the station into something that is compatible with the other Mobil stations in the area. He said that because of the time question and whether or not they have to plat, they have formulated Plan B. He said Plan A was the complete remodeling of the station but Plan B would involve adding a small kiosk. He explained that Mobil uses the smallest convenience store of any other oil company. Mr. Allsworth said the construction of a kiosk would normally not require a plat because it is not adding too principal structure and is not tearing down the station and rebuilding. -42- 7/10/85 /vdw Mr. Allsworth said that they are asking Council to waive the platting requirement. He said they would still have to return with a site plan to be approved by the city that is pending and obtain the variances because of the distances required, and he said the reason is that this station was constructed lawfully at one time but since then the roads have been widened and the previous owner contributed land for the widening of the roads. He said now that it. has become an undersized lot, the variances are necessary. Mr. Allsworth said the city has changed the zoning category from B-1, which used to permit service stations, to B-3 and asked that the zoning be changed to conform with today's proper zoning category. Mr. Allsworth said that if Council does not waive the platting requirement, they have to get started on producing a plat and add several more months to the process. Mr.Allsworth told Council that they do have the authority to honor this request. V/M Massaro replied that this particular corner has been a problem for many years but emphasized that Council would want to cooperate to make this something better than they had in the past. She said, at the same time, they do not want to see so much jammed into that area that they are back to where they were before: an eyesore. She said she would be very reluctant to do anything and that determination has to be made as to turn lanes. V/M Massaro said she would like to see the site plan and the type of beautification proposed and then they can make the determination. V/M Massaro said to say that they can put a kiosk there and waive the platting would be a terrible mistake because this area has been a source of irritation for years. Mr. Allsworth said that by waiving the plat, Council will not be waiving any of the other concerns of the site plan, variances, the entire layout, and Mr. Rubin's recommendations, etc. but will avoid the long, drawn out expensive process of platting. Mr. Allsworth said he does not have any idea how to get it all together. V/M Massaro said it was very easy and that it would necessitate him sitting down with the planner and working it out. She also offered the services of the City Attorney, at the right time, when Mr. Rubin indicates that it is necessary. Mr. Allsworth said that he does not see any advantage to the city in requiring the extra platting process. V/M Massaro said at this moment it has not been required but they want to see what is proposed for that site. Carl Alper, resident, said they were bypassing the Planning Commission. He said the matter before the Planning Commission was the erection of a kiosk for the sale of food and drink and the erection and operation of an auto laundry on this very small piece of property. He said the Planning Commission found problems with traffic and asked Mobil to redraw their -43- 7/10/85 /vdw J plans and they said that they would. Mr. Alper said the matter was tabled upon their request. He said they want to install the kiosk and auto laundry at what he knows to be the traffic accident location in Broward County which is 441 and Commercial C_/M Stein asked Mr. Rubin did they not address the same problem, some time ago, on the northeast corner. Mr. Rubin replied that they did. Mr. Rubin said the applicant is exasperating their problem by adding the car wash which is not on the northeast corner. He said the applicant wishes to go to Plan B because Plan A, a full reconstruction, would take too long. Mr. Rubin said over two years ago Council considered Plan B at another time. He said the applicant wished to put in another pump island and a restruc- ture over the pump island and at that time, staff made a wish list of minimal things that should be done at the site to upgrade it, according to Code. He said the drawing has many of those items on it. He said one is the removal of one of the four driveways on Commercial Boulevard, putting more landscaping in, reducing signage, etc. and he saw it as a sign that Mobil is willing to work with the city. He said if Plan B is now Mobil's main concern, they should place Plan B on a new site plan showing the requested revisions of two years ago and then move it through the system for approval at one time. Mr. Allsworth stated that Mobil prefers Plan A and are only considering Plan B because of absolute frustration. He said they have spent thousands of dollars and nine (9) months on plans and they have not had the first hearing before any of the boards. He said Mobil wants to upgrade the station. V/M Massaro asked Mr. Rubin what they had been doing with this project for nine months. Mr. Rubin answered that for nine (9) months they have received requests to rezone the property, they have paid fees to site plan the property, and reviewed site plans to make sure they are in compliance with the Code. V/M Massaro said they either can do something or they can not and that none of this should have been going on for nine (9) months. Mr. Rubin said they know that Plan A can not be done without many variances. Mr. Henning asked Mr. Allsworth if he needed the kiosk as a cashier if they convert the station to a convenience store. He said if he could have a cashier's window somewhere at the existing building, he felt that he could move ahead. Mr. Allsworth indicated that he was not sure that he understood. -44- 7/10/85 /vdw Mr. Henning said Plan A, for Council's edification, needs a rezoning, a variance, a new site plan and possible platting which would include the car wash and the kiosk. Mr. Allsworth said that is really what they want to do. Mr. Henning asked if the kiosk included a convenience store or straight cashier. Mr. Allsworth said it included the convenience store. Mr. Henning said that Plan A would involve every board that Tape the city has. He said Plan B is to use the existing struc- 9 ture taking out the car lifts and garage doors and replacing them with a convenience store and they want a kiosk as a cashier. Mr. Allsworth said the kiosk and the convenience store are the same thing. Mr. Henning said he understood that the kiosk would be a separate small structure by the pumps and explained that if the cashier could be placed in the existing building, they would probably bring in a site plan and obtain a permit in the near future. He said if they did not need the kiosk they could move forward. Mr. Rubin said they would still have to obtain a building permit, and therefore, the question of constantly waiving the platting gets back into the picture. Mr. Henning said that it was a nonconforming use for continued use of a gas station and B-1 for the convenience store/grocery store is permitted and could probably remain B-1 the way it is. C/M Gottesman said the zoning would allow it. V/M Massaro said the station has to be B-2 with Special Exception. Mr. Henning said it would have to be B-2 with a Special Exception unless they maintain their nonconforming use which he believed is less than 25% reconstruction. He said they are talking about using the same building. He said, however, that Council has to be careful that regardless of what they permit, and that he is leaning towards platting, that they do not tie the County's hands. V/M Massaro said it is all contingent upon the County's acceptance of the waiver of platting. Mr. Henning said absolutely as every gas station has to deal with EQCB for permits and the County will pick it up and the City can not bind the County. V/M Massaro MOVED that this item be TABLED to the next regular meeting (7/24/85) and requested that Mr. Allsworth and the applicants get together with the City Planner and start working things out and bring a report back for the. next regular meeting. SECONDED by C/M Gottesman. V/M Massaro also requested that Mr. Allsworth pay a concept fee of $250 to compensate for the City Planner's time because what he will be doing is creating a concept and that is a requirement. She informed that before he meets with Mr. Rubin that he is to come in and make an application for a concept review and bring a check. -45- 7/10/85 /vdw V/M Massaro added that in the meantime if he is ready to go to the Planning Commission, there is nothing to stop him. Mr. Allsworth said if the revised site plan is not ready by the next regular meeting that it could then be tabled to Council's September session. VOTE: ALL VOTED AYE LEGAL AFFAIRS 27. it rosecutor -_Temp. Reso. #3694 - Report by City Attorney - Discussion and possi le action to appoint a City Prosecutor. SYNOPSIS OF ACTION: APPROVED Temp. Reso. #3694 Resolution No. R-85-225 Mr. Henning read Temp. Reso. #3694 by title. Mr. Henning referenced a memo dated July 5, 1985 which indicated four different areas of concern which necessitates prosecution. He said the area of uncollected burglar alarm fines is getting serious. Mr. Henning said there is also an area of delinquent parking fines subject to the city's prosecution and possible violations in the Building Department and Occupational Licenses. Mr. Henning reported a conference with Chris Carsky who has cited a $75 @ hour fee. Mr. Henning said that Miss Carsky is handling Lauderdale Lakes' cases out of the West Satellite Office already so it is convenient for her and he felt that they could set up a good program. He guessed that the first year would probably cost around $10,000 and expected some of the costs could be offset by revenues but do not expect it to be fully offset by revenues. He said the program is for Code compliance and not revenue generation but there should be a few thousand dollars of fines there that would be recouped in the cost. V/M Massaro said that it would not cost $10,000 if they did not have cases going in there. Mr. Henning said that it is not going to be a money -making proposition. He said the cost would be determined by the number of cases they have. Mr. Henning said the resolution provides that he would be authorized to assist, if necessary. V/M Massaro MOVED the APPROVAL of Temp. Reso. #3694. SECONDED by C/M Gottesman. Vickie Beech, resident, said she,was not objecting to the creation of this particular arm of the government but stated that she felt that this is an exercise in futility. She explained that there are laws, people who are supposed to enforce them and they are not enforced. She said this is only going to be another expense. Mr. Henning said that what she is saying is that she is in favor of it. Ms. Beech responded that she is in favor of a police department if it operates but if it is not operating, what good is it. VOTE: ALL VOTED AYE Z49M 7/10/85 /vdw J 28. False Burglar Alarms - Temp. Reso. #3695 - Discussion and possible action to excuse and waive prosecution of twenty-four false alarms reported on June 27, 1985, because of malfunctioning equipment caused by a storm. SYNOPSIS OF ACTION: APPROVED Temp. Reso. #3695 Resolution No. R-85-226 Mr. Henning read Ted. Reso. #3695 by title. Mr.. Henning. said this resolution was requested due to the power surges and thunderstorms that were unusual on this particular day and intentionally listed the false alarms by case numbers. He said they were all reports where police were dispatched, however, he saw no need to list the names and addresses of people who have a burglar alarm in the city. V/M Massaro said she asked Mr. Henning how to handle this because even the City's Police Department had a problem that particular day and lost their power and had problems with their telephones. She said these people should not be cited for violations because the circumstances were beyond their control and added that they have not been notified of a violation and if Council passes this resolution, the Police Department will automatically correct the records. C/M Munitz asked the City Attorney if these were all the false alarms that occurred that day. Mr. Henning said that is correct. C/M Gottesman MOVED the adoption of Temp. Reso. #3695. SECONDED by C/M Munitz. VOTE: ALL VOTED AYE 29. Broward County Occupational License Fees - Discussion and possible action on a proposal by Broward County to increase these County fees. SYNOPSIS OF ACTION: RECEIVED as information. C/M Gottesman said that he asked that this item be placed on the agenda in order that Council read the new license fee schedule. He said it does not affect them as a city and no action is needed. C/M Gottesman MOVED to have the item REMOVED from the agenda. V/M Massaro SECONDED. Mr. Henning said the 100% increase in,fees will be divided into two parts with half going to a symphony, regional or county, and the other half going to an Economic Development Council. He said the County Commission had the first reading on the ordinance 7/9/85 and it passed and there will be a public hearing. He said if Council would like to take a stand on it that he would be happy to prepare a resolution for or against it. C/M Gottesman said he did not think Council should get involved. V/M Massaro agreed that they should stay out of it and MOVED that this item be REMOVED from the agenda. Mr. Henning said it is just a report and no vote is necessary. -47- 7/10/85 /vdw COMMUNITY DEVELOPMENT 36. Program Underwriters Building - Performance Bond - Temp. Reso. #3698 - Discussion and possible action regarding disposition of a performance bond. SYNOPSIS OF ACTION: APPROVED AS AMENDED Resolution No. R--85-237 Mr. Henning read Temp. Reso. #3698 by title. V/M Massaro said if they do not correct their deficiencies or if an extension has not been provided that -the bond be called. She said if they by July 11, 1985, do correct their deficiencies, they are still required to have a warranty bond in the amount of $257. V/M Massaro MOVED the adoption of Temp. Reso. #3698. SECONDED by M Stein. VOTE: ALL VOTED AYE 37. Green Thumb Lawn & Garden Center -- Sign Waiver - Tem . Reso. #3697 - Discussion and possible action to renew a waiver of the sign ordinance for a temporary sign on property other than their own. SYNOPSIS OF ACTION: APPROVED Temp. Reso. #3697 Resolution No. R-85-238 Mr. Henning read Temp. Reso. #3697 by title. V/M Massaro MOVED the adoption of Temp. Reso. #3697. C/M Gottesman SECONDED. - VOTE: ALL VOTED AYE 38. Woodmont Tract 74/75 - Model Sales Facility - Discussion and possible action on: a) Renewal of a model sales permit for Site Plans 1 and 3 b) Renewal of a model sales permit and waiver of the 300- foot distance requirement for certificates of occupancy for Site Plan 2. SYNOPSIS OF ACTION: a APPROVED for six (6) months from 7/12/85 b) APPROVED for six (6) months from 7/12/85 a) V/M Massaro MOVED the APPROVAL of the renewal of the model sales permit for Site Plans 1 and 3. SECONDED by C/M Munitz. VOTE: ALL VOTED AYE b) V/M Massaro MOVED the APPROVAL of the renewal of a model sales permit and waiver of the 300-foot distance requirement for certificates ofoccupancy. SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE 39. Northwood II - Model Sales Facility - Discussion and possible action to renew a model sales permit and waiver of the 300-foot distance requirement for certificates of occupancy. SYNOPSIS OF ACTION: APPROVED renewal of model sales permit and waiver of 300-foot distance requirement for certificates of occupancy for six ( 6 ) months from 7/14/85. Im 7/10/85 /vdw J V/M Massaro MOVED "APPROVAL of the model sales permit renewal and the waiver of the 300-foot distance requirement for the certificates ofoccupancy. SECONDED by C/M Munitz. VOTE: ALL VOTED AYE 40. Tamarac Gardens - Discussion and possible action on: a Renewal of a model sales permit b) Renewal of a second model sales permit for a one - bedroom model and waiver of the 300-foot distance requirement for certificates of occupancy. SYNOPSIS OF ACTION: a TABLED at petitioner's request to 7/24/85 regular meeting b) APPROVED for six (6) months effective 8/13/85 a) Mr. Henning indicated a memo from Marty Riefs asking that the a) portion be TABLED. V/M Massaro MOVED that Tamarac Gardens a) be TABLED to the next regular meeting (7/24/85). SECONDED by C/M Munitz. VOTE: ALL VOTED AYE b) V/M Massaro MOVED APPROVAL of the renewal for a second model sales permit for a one -bedroom model and waiver of the 300-foot distance requirement for certificates of occupancy. SECONDED by C/M Stein. VOTE: ALL VOTED AYE 49. Appointment of Aide to V/M Massaro - Discussion and possible action SYNOPSIS OF ACTION: APPROVED appointment of Lou Solomon Agendized by Consent on Page 1. V/M Massaro asked that Lou Solomon be approved as her aide. She said he is well versed in the area of wages and salaries of employees and said there are some areas within the city that she woul6 like to have checked . V/M Massaro MOVED the APPROVAL to appoint Lou Solomon as her aide. SECONDED by C/M Stein. 1 110of ALL VOTED AYE 50. Payment to Interstate Pipe - Invoice #2 - Discussion and possible action SYNOPSIS OF ACTION: Agendized by consent on Page 1. APPROVED payment o $30,352.50 charged to Acct.432-367-538-626 V/M Massaro said the payment of=$30,352.50 (107o withheld) is for structural rehabilitation of 38 manholes at $150 @ and 5,900 gallons of grout to seal the leaks at a cost of $4.75 @ gallon. She said they only have one week to make the payment. V/M Massaro indicated that the city should receive a total grant of $151,341 based on a total cost of $509,012 estimated by Williams, Hatfield & Stoner which equals approximately 30% reimbursement with a $357,671 local share. She said it is Acct. #432-367-538-626 and she MOVED the payment of the bill for $30,352.50. SECONDED by C/M Stein. VOTE: ALL VOTED AYE -49- 7/10/85 /vdw 1-1 51. Fish Kettle - Transfer of Special Exception - Discussion and possible action SYNOPSIS OF ACTION: Agendized by consent on Page 2 TABLED to next regular meeting (7/24/85) for receipt of fee and completion of an application ; Mr. Henning said this item needs to be tabled. He said that he had heard through staff of a request to transfer the Special Exception for the Fish Kettle Delicatessen to the new owner, M & M Inc.. He said he had asked the Planning Department to verify payment of fees and filing of an application and it was determined that the fees have not been paid nor an application filed. C/M Munitz MOVED to TABLE for receipt of fee and completion of an application. SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE CONSENT AGENDA 8. Consent Agenda c) Richard S. Rubin - Consultant City Planner - 5 - Approval recommended —Sy Chief Building Official and_City Manager SYNOPSIS OF ACTION: (See pages.5 & 6) APPROVED a), b ), and f) e) TABLED to next regular meeting (7/24/85) c) REMOVED and TABLED to next regular meeting on (7/24/85) C/M Munitz MOVED to TABLE item 8 c) to the next regular meeting (7/24/85). SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE COMMUNITY DEVELOPMENT 41. Ashmont Kings Point -- Model Sales Facilit - Discussion and possible action to renew a permit or the use of a model sales facility at another location. SYNOPSIS OF ACTION: APPROVED renewal —of permit for model sales facility at another location for six (6) months effective 7/29/85 C/M Gottesman MOVED to renew a permit for the use of a model sales facility at another location. SECONDED by C/M Munitz. VOTE: ALL VOTED AYE 42. Patio Homes at Fairmont - Model Sales Facility - Discussion and possible action to renew a model sales permit SYNOPSIS OF ACTION: APPROVED renewal of model sales permit for six (6) months effective 8/15/85 C/M Stein MOVED to renew the model sales permitfor 6 months from 8/15./85. SECONDED by C/M Munitz. VOTE: ALL VOTED AYE -50- 7/10/85 /vdw J 43. Lake Colon (Brookwood Gardens) - Model Sales Facilit -w Disc on�and possible action to approve a model sa es permit and waiver of the 300-foot distance requirement for certificates of occupancy for Units 30, 31 and 32. SYNOPSIS OF ACTION: APPROVED model sales permit and waiver of the 300-foot distance requirement for certificates of occupancy V/M Massaro MOVED the APPROVAL of a model sales permit and waiver of the 300-foot distance requirement for certificates of occupancy for Units.30, 31 &.32. SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE 44. Woodmont Tract 48 (Waterford at Woodmont) - Model Sales Facility - Discussion and possible action to renew a model sales permit and waiver of the 300-foot distance requirement for certificates of occupancy. SYNOPSIS OF ACTION: (See page 53) TABLED to later in the day Mr. Henning said fees are due July 1 and overdue July 15. V/M Massaro said it could be approved subject to receipt of the monies owed. C/M Munitz said they would be starting a precedent and advised against it. Mayor Kravitz suggested that they move to the next item while they await verification of payment of fees. REPORTS T77--City Attorney Mr. Henning referenced a memo concerning travel agent(s) regulations. He said there is a recent County Ordinance governing the bonding of travel agents and they will wait to see how effective it is. He noted that Margate has an ordinance but they are having a lot of trouble with it and may even repeal it. V/M Massaro said they have the information and have decided to hold it and study it further. Mr. Henning said he did not suggest that Council pass an ordinance regulating travel agent Mr. Henning said Council should take steps regarding the City Manager vacancy. 46. City Manager Acting City Manager Larry Perretti reported that they have advertised the City Manager vacancy with the Florida League of Cities and ICMA. He said the Florida League of Cities advertisement will appear in the July 19 issue, and on July 22 it will be placed in ICMA. Mr. Perretti read the advertisement: "City Manager - Population 33,000 with a total General Fund Budget of $10 million (350 employees). Minimum qualifications include a B.S. in Public Administration, Business Administration or related fields, Master's Degree preferred plus five (5) years experience as -51- 7/10/85 /vdw 1 1 City Administrator, City Manager or Assistant City Manager. Salary based on qualifications and experience. Send resume and salary requirements to Acting City Manager, City of Tamarac, 5811 NW 88th Avenue, Tamarac, Florida Deadline: 8/20/85". He said they decided against advertising locally because the people who would be interested in this position would be getting 1CMA and the Florida League of Cities newsletters. Mr. Perretti_ asked that Council allow Dan Saale to address the status of the budget. Mr. Perretti said they will be without financial expertise starting Monday and wanted Council to be aware that they have deadlines and public hearings that will have to be held. He estimated that it will take a solid week or better for accountants to come up with an analysis. Dan Saale said there is a strict calendar that must be adhered to when the County sends out their certification of values for the assessed values throughout the County. V/M Massaro asked if they did not set a date of June 15. Mr. Saale replied that it is a tentative date and that normally it is June 1. He said the County is behind and has asked for a 30-day extension which was granted. Mr. Saale said the County has around the first of August to comply with their statute and that within 30 days after that the city has to return form DR-420 to the County stating the tentative millage rate. He said everything that has to do with the budget evolves around the millage rate and the public hearings for the adoption of the fiscal year budget. Mr. Saale said the proposed General Fund has been completed and the Acting City Manager is in the process of making recom- mendations on the line items. Mr. Saale said the Federal Revenue Sharing- and Capital Reserve are still in the process of being budgeted. He said these accounts deal mainly with capital expenditures and expenditures not handled within the General Fund and are outside of his scope of knowledge necessitating a great deal of research by him. Mr. Saale said the biggest force will be balancing the budget as mandated by the State. He said there is about a $2 1/2 million dollars shortfall of revenues vs. expenditures from the proposed budget of the department heads and the General Fund. He said he believed that there was between $500,000 to $1,000,000 worth of "wishes" that, during these budgetary times, could not be granted. Mr. Saale reported that over $1,000,000 will be spent towards waste disposal for the citizens. He believed that the only way they can come close to balancing the budget is to pass this expense to the citizens. Mr. Henning asked if that included the increase in the tipping charges. Mr. Saale said that he was not that it was beyond the city's residential garbage and trash Mr. Saale said, by law, they can only 115% of the rollback and that the city collected this year. --52- being precise but imagined realm to continue to subsidize pickups. increase the millage rate by would be 15% more than what 7/10/85 /vdw J C/M Munitz asked if Dan could give him the balance of the contingency fund and the capital reserve account on what it is estimated to be at the end of the fiscal year. Mr. Saale said he was not sure what he meant by "contingency" but added that there is a line item in the General. Fund for contingency and it is budgeted at $225,000 for this year before the $50,000 was taken out for Morgan, Lewis & Bockius which leaves it at about $175,000. He believed that there will be budget amendments for the present fiscal year which will also remove money from that account and does not expect it to be a significant line item for the next fiscal year. Mr. Saale said this fund is budgeted on a year-to-year basis and if those dollars are not used, they lapse into the General Fund balance but stated that he does not feel those funds will go into the Fund Balance at the end of the year. Acting City Manager Perretti-asked Council -for assistance to abide by the calendar in order to present a budget. COMMUNITY DEVELOPMENT Woodmont Tract 48 (Waterford at Woodmont) - Model Sales Facility - Discussion and possible action to renew a model sales permit and waiver of the 300- foot distance requirement for certificates of occupancy. SYNOPSIS OF ACTION: (See page 51) TABLED tor payment of guaranteed revenues in arrears $775.77 C/M Gottesman MOVED to TABLE until receipt of payment for guaranteed revenues. SECONDED by C/M Munitz. VOTE: ALL VOTED AYE REPORTS amity Manager (See pages 5-1 & 52) V/M Massaro asked Mr. Saale what percentage of the budget has been completed. Mr. Saale said the General Fund portion, the lion's share of what they act on at public hearings, has been done through the proposed stage and is now in the City Manager's recom- mendation stage. He said that may be a problem due to Acting City Manager Perretti's limited expertise in this area. He said there is quite a bit of work that remains. V/M Massaro asked row long Mr. Saale estimated it would take to complete the work. Mr. Saale said he believed it could be completed within four (4) uninterrupted days. 45. City Council C/M Stein - No report. C/M Munitz - No report. C/M Gottesman - No report. V/M Massaro - No report. S&Z 7/10/85 /vdw i F_� 1 Mayor Kravitz reported that University Hospital has a new administrator and Council is invited to a reception held in his honor. I Mayor Kravitz -also reported that the Motion Picture Industry will be own Monday to talk with him about a possible proposal. Mayor Kravitz asked the City Attorney to research the enforcement procedures against people doing business in their homes. V/M Massaro suggested that a memo be sent to every clubhouse advising that anyone doing business in their homes will be prosecuted. Mayor Kravitz adjourned the meeting at 5:30 p.m. OOWIW41 01 ATTEST: SISTANT CITYCLERK This document was promulgated at a cost of $ 431.00 or $ 11.97 per copy to inform the general public and pu is o icers and employees about recent opinions and considerations by the City Council of the City of Tamarac. CITY of TAMAR C APPROVED AT MEETING OF / City Clerk MIL41 7/10/85 /vdw