HomeMy WebLinkAbout1986-07-23 - City Commission Regular Meeting MinutesP.O. BOX 25010
TAMARAC, FLORIDA 33320
RECORD OF COUNCIL DISCUSSIONS AND ACTIONS
FIRST CLASS MAIL
CITY OF TAMARAC
CITY COUNCIL
REGULAR COUNCIL MEETING
WEDNESDAY, JULY 23, 1986
CALL TO ORDER: 9:00 A.M.
ANNQUNCEMEBT OF__TIME ALLOCATIONS - MOTIONS TO TABLE - The Chair
at this time will announce those items which have been given a
specific time to be heard, and will entertain motions from
Council members to table those items which require research.
Council may agendize by majority consent matters of an urgent
nature which have come to Council's attention after
publication.
PRESENTATIONS AND_AWAEDS
1. Emplgvgg Service Awards - Presentation by City Manager
Kelly of five-year pins to Mike Roberto, Police Depart-
ment, Paul Kelly, Fire Department, and Min Wander, City
Attorney's office.
FINAL ACTION•
City Manager Kelly presented a five-year pin to Min Wander
of the City Attorney's office. Mike Roberto and Paul
Kelly were _DQt present to receive �their _Pins,
2. Igying Vitlofsky_- Presentation by Mayor Hart to Irving
Vitrofsky of a Certificate of Appreciation in recognition
of his service on the Recreation Board.
FINAL ACTION:
Mgvgg Hgrt made this presentatign to Irying Vitrofsk .
3. Philip B. Kravitz -- Presentation of a plaque by Mayor Hart
to Philip B. Kravitz in recognition of his contributions
during his term of office as Mayor and as a Member of
Council.
FINAL -ACTION:_
Mr. Kravitz was not present to accept this plaque and it
will be mailed to -him.
4. Raymond J. Munitz - Presentation of a plaque by Mayor Hart
to Raymond J. Munitz in recognition of his contributions
during his term of office as a Member of Council.
FINAL_ ACTION:
Mayor art made thissentation to Mr. Munitz.
5. klg/man's Showcase, Inc_ - Presentation by a representative
of this organization requesting a City sponsored theater
company.
PAGE 1
7/23/86
5. Wo M 's ghgwcasp, Inc. - Contd.
FINAL ACTION•
A presentation was made by both Ann White, Founder and
Executive Director and Dorothy Willis, President of this
organization. They will meet with the City Manager on
this issue.
BOARDS AND COMMITTEES
6. Announcement of the following vacancies:
a) Board of Adjustment - One alternate position for a one-
year term.
b) Planning Commission - Three alternate positions for
one-year terms.
FINAL ACTION:
Announcement was made and interested parties were urged to
eg t applications from the City Clerk-'s office._ - -
7. Sala-ry evipw Committee - TeMp. Qrd,#1283 - Report -
Discussion and possible action.
FINAL ACTION•
- The Committee report was acceped along with Council's
gratitude. Temp. Ord. #1283 was Agendized by Consent and
APPROVED on first reading, directing the proper City
officials to conduct referendum elections on 11/4/86 to
propose amendments to Section 4.04 of the Charter
pertaining to salaries and expense account procedures of
the Mayor and Council members.
CONSENT AGENDA
8. Items listed under Item #8, Consent Agenda, are viewed to
be routine and the recommendation will be enacted by ong
motion in the form listed below. If discussion is
desired, then the item(s) will be removed from the Consent
Agenda and will be considered separately.
a) Approval of minutes as recommended by the City Clerk:
1) Minutes of 5/28/86 - Regular Meeting
2) Minutes of 6/10/86 - Special Meeting
3) Minutes of 6/11/86 - Regular Meeting
b) Ruf & Carsky, P.A. - Approval to pay the following
invoices:
1) Prosecution Services - 6/25/86 - $3,158.75
2) General Services - 6/25/86 - 1,705.00
3) General Services - 7/15/86 - 1,383.94
c) ESM Litigation Expenses - Approval to pay the follow-
ing invoices:
1) English, McCaughan & O'Bryan - Invoice in the
amount of $729.13 for the period through 6/15/86.
2) Peterson & Co. - Invoice in the amount of $3,612.44
for the period of 5/l/86 through 5/31/86
d) Harry A. Halpern - Resident of the Woodlands:
1) Approval of a Water and Sewer Developers Agreement
for 5714 White Hickory Circle
2) Approval to remove from the agenda acceptance of a
drainage easement by Temp. Reso. #4149
(tabled from 5/28/86)
e) Treehouse Apartments - Model Sales Facility -
Renewal of a model sales permit.
I
t_J
44
PAGE 2
7/23/86
8. Consent Agenda - Cont'd.
f)
Tamarac Gardens - Model Sales Facility:
1) Renewal of a model sales permit
2) Waiver of the 300-foot distance requirement for
issuance of certificates of occupancy.
g)
Ashmont/Kings Point - Model Sales Facility -
Renewal of a permit for the use of a model sales
facility at another location (Kings Point Professional
Plaza) .
h)
Belfort/Kings Point - Phase I - so. #4231 -
Release of warranty Letter of Credit #L06004 in the
amount of $835.00 posted for landscaping.
RESOLUTION NO. R-86-264 PASSED.
i)
Belfort/Kings Point - Phases II, III and IV - Water
and Sewer Systems:
1) Release of performance Letter of Credit #85192 in
the amount of $16,247.00 posted for the sewer
system and Letter of Credit #85191 in the amount of
$37,938.10 posted for the water system subject to a
one-year warranty bond in the amount of $9,725.23
for the sewer and a one-year warranty bond in the
amount of $14,116.80 for the water system -
Temp. Reso. #4239 RESOLUTION NO. R-86-265 PASSED.
2) Acceptance of the Bill of Sale for the water
distribution and sewage collection system improve-
ments -- Temp. eso. 14240
RESOLUTION NO. R-86-266 PASSED.
j)
Fire Stations #1 and #2 - Approval to waive the
bidding process to repair the roofs of both fire
stations on an emergency basis; and to accept the
proposal from Atlas Roofing Company in the amount of
$13,990.00 to perform this work.
k)
Conferences and Seminars:
1) Approval for the Assistant Fire Chief to attend the
International Fire Chiefs Conference in Dallas,
Texas, from 9/21/86 through 9/24/86.
2) Approval for the Public Works Director to attend
the Hazardous Chemical Training Course at the
Marine Safety School, Coast Guard Reserve Training
Center, Yorktown, Virginia, for a period of two
weeks commencing 8/11/86.
1) Sonitrol Security System - Approval to purchase this
security system for the Public Works Department and
the Parks and Recreation Department on an emergency
basis at the following cost:
1) Public Works -- Installation cost of $2,530.00 and
$71.00 per month for monitoring/service.
2) Parks & Recreation - Installation cost of $1,455.00
and $59.00 per month for monitoring/service.
m) TamaLac Utilities -
1) Utilities West Operations Building - Project 84-17-
Temp. Reso. #4227 - Approval to call Warranty Bond
#2676 in the amount of $116,052.00 posted by
No Marsten Leasing Corporation if required remedial
repairs have not been completed.
RESOLUTION NO. R-86-267 PASSED.
2) R.J. Sullivan Corporation - Freshwater Storage
Tank - Project 84-19 - Payment of Invoice #2 in the
amount of $161,424.63 dated 6/26/86.
3) R.J. Sullivan Corporation - 2.0 MG Water Tank and
Pumping Station - Project 84-29 - Approval of
Change Order #1 to increase this contract by
$3,150.00 to a new contract price of $996,150.00.
PAGE 3
7/23/86
8. Consent, -Agenda - Con'td.
4) Wellfield Protection Program (Fort Lauderdale Pump
Station) - Project 86-16:
1) Approval of Hazen & Sawyer's proposal in the
amount of $8,100.00 to prepare plans, specifica-
tions, bid evaluations, recommendations for
contract award, and construction management
services for this project.
2) Approval to solicit construction bids for this
work.
5) Daniel E. Adache & Associates - Water Treatment
Plant Design of improvements and the TUW/Public
Works Complex in Land Section 7 - Projects 84-20
and 86-13 - Payment of Invoice #10411 in the amount
of $23,379.98 dated 6/6/86.
n) Refund to Lennar Homes, Inc. for overpayment of fees
in the amount of $106.77 for a Certificate of Occu-
pancy for Building H-1 in the Belfort Project.
FINAL ACTION:
APPROVED a) through m).
n was Agendized by Consent and APPROVED
TAMARAC UTILITIES
9. Utilities W st - Rev__ised Site Plan -,Temp.. Bgso.
44225 - Discussion and possible action to approve a
revised site plan for the Water Treatment Administration
Building.
FINAL ACTION: RESOLUTION NO. R-86-268 PASSED.
APPROVED
10. Public Works portion of Land Section 7 Proposed c -
Proiect 86-13 - Discussion and possible action to approve
Addendum #4 to the contract with Adache/Axon in the amount
of $78,000.00 for the schematic design and design
development and to authorize proceeding with Phases I and
II only at a cost not to exceed $35,000.00.
FINAL ACTION:
TABLED at the request of the Deputy Citv_Engineer.
11. Wastewatgr Treatment P1 nt #3 - Discussion and possible
action to waive the bidding process and to authorize the
cleanout of sludge on a sole source, emergency basis.
FINAL ACTION:
TABLED.at the reguest of the DeRuty City Engineer.
12. Utilities West - Bid Award - Discussion and possible
action on:
a) Award of a bid for patching, cleaning and painting all
exterior surfaces of two concrete water storage tanks -
Temp. Reso. #4226
b) Appropriate budget transfer
FINAL ACTIO: RESOLUTION NO. R-86-269 PASSED.
a) APPROVED awarding the bid to Blast -Air, Inc., in the
amount of $12,300.00.
b) REMOVED from the agenda.
1
1
PAGE 4
7/23/86
13. Russell & Axon - Nob Hill -Egad Constrcuction - Discussion
and possible action to authorize this firm to perform
preliminary design work to establish the total task to
prepare contract documents and working drawings for Nob
Hill Road construction between Commercial Boulevard and a
point about 800-feet south of McNab Road plus a water line
for an amount not to exceed $5,820.00 subject to
verification that the County will construct Nob Hill Road
in 1987.
FINAL CTION•
TABLED at the e u st of the De uty City Engineer.
14. VeLsailles Gardens - Discussion and possible action to
clarify the amount of refund to be made from a security
deposit.
FINAL A TION:
The City Manager was directed to pay the proper amount of
refund.
GENERAL ADMINISTRATIVE FI ANCIAL
15. Italian American Club of Tamar c#4223-
Discussion and possible action to approve execution of a
Hold Harmless Agreement with this organization for a
Street Festival to be held October 16 - 19, 1986.
FINAL ACTION: RESOLUTION NO. R-86-270 PASSED.
APPROVED providing the Certificate of Insurance is
isr ceiv d.
16. Self -Insurance Health Program - Discussion and possible
action on:
a) Selection of a third party administrator
b) Approval of employee and dependent premiums for Fiscal
Year 1986/87.
FINAL ACTION:
a) TABLED.
b) APPROVED with the employee rate being increased from
$74.49 to $79.45 with the dependent rate being
'ncre s d f 144.08 to 150.05
17. Hga th America Insurance - Discussion and possible action
to renew coverage effective October 1, 1986.
FINAL ACTION:
APPRQVED genewgl of.coverage rom JQZ1/86-to 9 30 87.
18. Building and CoMmunity Devglopment Departments - Budget
ansfers - Discussion and possible action to transfer
funds from Contingency to various accounts within the
Building and Community Development Departments because of
funds charged incorrectly in effectuating Land Use
Amendments and to complete the new Building Department
Annex.
FINAL ACTION:
APPROVAL was given for the following budget transfers:
1) $500.00 from Line Item Account 001-872-581-901 of the
budget named Contingency be transferred to Line Item
Account 001-227-524-510 named Office Supplies.
2) $2,066.00 from Line Item Account 001-872-581-901 of
the budget named Contingency be transferred to Line
Item Account 001-227-524--470 named Printing & Binding.
PAGE 5
7/23/86
18. Bu'ldin nd Cou i D v 10 m n De artments - Cont'd.
FINAL, ACTION:
Line Item Account 001-$72-581-901 of the
3) $260.00 from
budget named Contingency be transferred to Line Item Account 001-227-524-310 named Professional Services.
4) $1,000.00 from Line Item Account 001-ferred1to L of
the budget named Contingency be transferred to Line
Item Account 001-227=524-462 named Building.
5) $3,636.00 from Line Item Account t001-872-581ransferred-o0Line
1 of
the budget named Contingency
be It m Accoun 001-227-524-140 n med v rtim .
PUBLIC HEARINGS - 10:00 A.M.
tIlLenc
e KraMer- on'n P t'ti n 6-Z-86 - T D -19.. #1280 - Discussion and possible action on a request
to rezone lands on the southwest corner of
Commercial
Boulevard and NW 47 Terrace, extending westward
Florida State Turnpike, from B--1 (Neighborhood Business)
to B-6 (Business District). First Reading.
a) Acceptance of Affidavit of Publication, Affidavit of
Mailing and Affidavit of Posting.
b) Consideration of application.
FTyAL ACTION:
a) ACCEPED Affidavits of Publication, Mailing and Post-
ing.
b) APPROVED Te�gp� rd. #1280 on first reading.
Public hearin was h ld.
20. Turn ike Center Associates - R zon'n pet't'on
#8-Z-86 - Temp. Ord. #1281 - Discussion and possible
action on a request to rezone lands on the north side of
Commercial Boulevard at Nw 47 Terrace from B-1 (Neighbor-
hood Business) to B-2 (Planned Business). First Reading.
a) Acceptance of Affidavit of Publication, Affidavit of
Mailing and Affidavit of Posting.
b) Consideration of application.
FINAL ACTION:
a) ACCEPTED Affidavits of Publication, Mailing an
Posting.
b) APPROVED Tenp�Ord. #1281 on first reading as amended
by addition of a third "Whereas" clause as follows:
"Whereas, the City Council of the City of Tamarac has
determined that the uses best provided here would be
the B-1 classification with the excep-
tion that a motel/hotel would be the B-2 use allowed."
Public hearin was held.
21. Sab11 Palm Golf Club Inc. - Rezonin Pet'tion 17- --86
Temp. Ord. #1.275 - Discussion and possible action on a
request to rezone a portion of the lands at the northeast
corner of Commercial Boulevard and Rock Island Road from
R-4A (Planned Apartments) to S-1 (Open Space/Recreational)
for the recreational parcel for the Spring House pro3ect.
Second Reading.
idavit of Publication and Affidavit
a) Acceptance of Aff
of Posting.
b) Consideration of application.
y
44
PAGE 6
7/23/86
21. Sabal Palm Golf Club, Inc. - Cont'd.
FINAL ACTI ORDINANCE NO. 0-86-41 PASSED.
a) ACCEPTED Affidavits of Publication and Posting.
b) APPROVED TeMp, Qtd.11275 on second and final reading
with an effective date no later than
11/23/8,6.
Public hearing was held.
2. Animals - Temp. Qd_#1273 - Discussion and possible action
to amend Code Section 4-2 pertaining to uncontrolled
animals to define the term "owner" and to provide
penalties for violation of this Code section.
Second Reading.
FINAL ACTION: ORDINANCE NO. 0-86-42 PASSED.
APPROVED Temp. Ord. #1273 on second and final reading.
Public hearing was held.
23. Code Enforcement Board - Temp. Ord. #1271 - Discussion and
possible action to ratify Emergency Ordinance 86-33 which
created this Board. Second Reading.
FINAL ACTION: ORDINANCE NO. 0--86-43 PASSED.
APPROVED Temp. Ord.#1271 on second and final reading.
Public -hearing -was held.
24. Charter Amendment - Section 7.02 - Temp. Ord. #1274-
Discussion and possible action to place a Charter Amend-
ment on the November 4, 1986 ballot to change the date of
City Manager submission of the budget t.o Council from
July lst to no later than July 30th of each year. Second
Reading.
I AL ACTI N:. ORDINANCE NO. 0-86-44 PASSED.
APPROVED Temp, Ord. #1274 on second and final reading.
Public -hearing was beld,
LEGAL AFFAIRS
25. Codp EnfQgcemgnt Bgard - Temp. Reso. #4222 - Dis-
cussion and possible action to approve the City Code
Enforcement Board Procedural Handbook.
FINAL ACTION: RESOLUTION NO. R-86-271 PASSED.
APPROVED.
26. Charter view Committee -- Temp. Ord. #1278 - Discussion
and possible action to create this committee.
First Reading.
FINAL ACTION•
APPROVED Temp. d. 11278 gn f'r t reading.
27. Municipal
Complex -- Qjenerajbl' tion Bonds - Discussion
and
possible action on:
a)
Temp. Rgsot„--#4242 amending and restating Resolution
84-121 authorizing the issuance of general obligation
bonds in an aggregate principal amount not to exceed
$8,000,000.00.
b)
Temp. Reso. #4243 providing for the issuance of
general obligation bonds, Series 1986, of the City,
awarding the bonds to the underwriter, setting the
bond terms, approving bond form, providing for the
amount of the bonds, authorizing the execution,
delivery and distribution of a final statement,
authorizing the execution and delivery of closing
documents.
PAGE 7
7/23/86
27. Municipal -Complex - Cont'd.
FINAL ACTIQN: RESOLUTION NO. R-86-262 PASSED.
RESOLUTION NO. R-86-263 PASSED.
APPROVED _a )_ anal b)
28. Broward sheriff's Office - Referendum Issue -
Discussion and possible action on:
a) Temp. Reso. 14244 amending Resolution 86-96 regarding
a contract with the Broward Sheriff's Office, refining
procedures pertaining to the adoption of a contract.
b) Placement of a referendum issue on the November 4,
1986 ballot to propose that the City contract with the
Sheriff of Broward County to provide professional
police protection services in Tamarac after January 1,
1987. T mps_Ord. #1279. First Reading.
FINAL ACTION: RESOLUTION NO. R-86-272 PASSED.
a) Agendized by Consent and APPROVED.
b APPROVED TemR, Ord. #1279 on fi st re d'n
29. Proposed Capital Expenditures and Sale of Citv Prone
Temps Reso. #4224 - Discussion and possible action to
place on the November 4, 1986 ballot the following
proposed capital expenditures and proposal to sell public
property:
a) Capital Expenditure #1 - The replacement of six
pumping stations per year for the next five years in
an amount not to exceed $2,000.000.00.
b) Capital Expenditure #2 -- Additions to and modifica-
tions of the existing water treatment plant to in-
crease the potable water quantity, quality and reserve
storage capacity in an amount not to exceed
$4,700,000.00 to be expended over a three year period.
c) Capital Expenditure #3 - A new Tamarac Utilities West,
Public Works and Engineering Complex to be located in
Land Section 7 contingent upon Tamarac acquiring title
to certain areas of Land Section 7 in an amount not to
exceed $3,150,000.00.
d) Capital Expenditure #4 - The design and construction
of water mains along Nob Hill Road to open up Land
Section 7 and a portion of Land Section 8 for develop-
ment in an amount not to exceed $1,000,000.00.
e) Proposed Sale of City Property - The sale of the
Public Works land and building and to apply the
proceeds of the sale to the construction of a new
complex located in Land Section 7 contingent upon
Tamarac acquiring title to certain areas of land in
Land Section 7.
FINAL ACTION: RESOLUTION NO. R-86-273 PASSED.
APPROYED.
30. Charter Amendment - Section 7.08(c) - Temp. Ord.#1277
Discussion and possible action to place a Charter Amend-
ment on the November 4, 1986 ballot to allow City funds
not currently needed for public purposes to be invested in
instruments or institutions as authorized by Florida
Statutes. First Reading.
FINAL ACTION:
APPROVED Temp. Ord. #1277 on first reading.
31. Chaitsr Amendments - Discussion and possible action
regarding the Order of Judge Garrett on the injunction of
Amendments No. 2 and 7 on the March 11, 1986 ballot
(tabled from 4/23/86) .
;j
PAGE 8
7/23/86
31. Charter Amendments -- Cont'd.
FINAL ACTION:
REMOVED from the agenda.
Employee Retirement Plan Bengfi,t_s - Presentation by Peter
Prior, member of the Pension Board. Discussion and
possible action. (tabled from 6/11/86)
FINAL ACTION:
FABLED to the 9/10/86 Council meeting.
COMMUNITY DEVELQPMENT
33. Municipal Buildings - City Hall, Public Works,
Utility Complex - Discussion and possible action on:
a) Staff recommendation concerning the appropriate zoning
district for each site
b) Authorization to staff to initiate rezoning of each
site
(tabled from 7/9/86)
FINAL ACTIQNr ,
a) & b) Authorization was given to staff to proceed with
the rezonings of Tamarac Utilities Plat #1. City Hall
and Public -Works TABLED.
34. Tamarac Medical Office -Building - Discussion and possible
action on:
a) Site Plan - Temp. Reso. #4209
b) Plat - Temp. Reso,__#4210
I P c) Landscape Plan
d) Water and Sewer Developers Agreement
e) Water Retention Agreement
f) Public Safety Ingress/Egress Easement - Temp. Reso.
#4232
(to be located on the west side of University Drive
between NW 71 Court and NW 78 Street, north and west of
University Community Hospital)
(tabled from 6/25/86)
FINAL ACTION: RESOLUTION NO. R--86--274 PASSED.
RESOLUTION NO. R-86-275 PASSED.
RESOLUTION NO. R-86-276 PASSED.
APPROVED a through fl..
35. The Landings on Cvpress Greens (formerlv Patio Homes
at Fairmont) - Discussion and possible action on:
a) Revised site plan reflecting a revised concept -
Temp. ResQ. 14233
b) Renewal of model sales permit for Units 1 -- 4.
FINAL ACTION: RESOLUTION NO. R-86-277 PASSED.
APPROVED a) and b).
36. Monarch Carpet & Drapery Cleaning - Revised Site
Plan -Temp. Reso. #4234 - Discussion and possible action
on a revised site plan reflecting addition of a boiler
room adjacent to the existing building at
5501 NW 22 Avenue.
FINAL ACTION: RESOLUTION NO. R-86-278 PASSED.
APPROVED.
PAGE 9
7/23/86
37. Water Place - Discussion and possible action on:
a) Site Plan - Temp. Reso. #4235
b) Landscape Plan
c) Water and Sewer Developers Agreement
d) Drainage Easement - Temp. Reso. 14236
e) Access Road Easement - Temp. Res4,__t4232
f) Public Safety Ingress/Egress Easement - Temp.
Reso. #4238
(to be located at the southeast corner of NW 80 Avenue and
NW 78 Street).
FINAL ACTION:
TABLED for review by the Planning Commission.
38. Woodmont Tract 72-C 1PineaPple Park) - Discussion and
possible action on:
a) Renewal of a model sales permit and waiver of the 300-
foot distance requirement for issuance of certificates
of occupancy
b) Renewal of a waiver to the sign ordinance for a
temporary announcing sign on property other than their
own - Te so. #4228
c) Release of performance Letter of Credit No. 477 in the
amount of $83,067.50 subject to receipt of a one-year
warranty bond in the amount of $21,298.00 -
Temp. Reso. #4229
d) Acceptance of the Ball of Sale for the water distribu-
tion and sewage collection system improvements -
Temp. Reso. #4230
FINAL ACTION:
RESOLUTION NO. R-86-279 PASSED.
RESOLUTION NO. R-86-280 PASSED.
a) and b) REMOVED at the request of the developer.
c and d APPROVED.
39. Lake Colony/Brookwood Gardens -- Model Sales Facility -
Discussion and possible action on:
a) Renewal of model sales permit - Units 30 - 32
b) Waiver of the 300-foot distance requirement for
issuance of certificate of occupancy.
FINAL ACTION:
APPROVED and b).
40. Green Thumb Lawn & Garden Centegl Inc. - Sign Waiver -
Temp. Reso._t4241 -- Discussion and possible action to
renew a waiver of the sign ordinance for a temporary sign
on property other than their own.
FINAL ACTION:
TABLED to the 9 10 86 C unc'l meeting,
REPORTS
41. City Council
42. City Manager
43. City Attorney
AGENDIZED BY CONSENT
44. Aulhogization for staff -to solicit bids for the urchase
f a diesel-anciine driven Pump for-loading,transport
and unloading of waste sewag€_sludc�.e - Discussion and
possible action.
FINAL ACTION•
APPROVED.
1
�1
44
PAGE 10
7/23/86
45. Charter Amendment to Sectioll 7.13 to change 1-1/2%
to 2-1/2% - Temp. Ord. #1282 - Discussion and possible
action.
FINAL ACTION:
— ^ APPROVED Temp. Ord #1282 on first re
f46. Confirmation of Planning Commission gppointment of sl
Regular Member - Discussion and possible action.
FI AL ACTIO :
No action was taken on Planning Commission Chairman's
appointment of Daniel Cantor as a regular member. This
wgg rgfgrred to the City Atto ne
47. Presentation of Budget by Finance Director - Discussion
and possible action.
FI AL ACTIO :
The Finance Director presented copies of the budget to the
Council members.
48. Proposed Convention Center at Sawgrass Industrial Pagk-
Temp. Reso. #4245 - Discussion and possible action.
FINAL ACTION: RESOLUTION NO. R-86-281 PASSED.
APPROVED endorsing the 38 acre Sawgrass Industrial Park as
a site for a ma3or Convention Center.
49. Land Section 7 - Agreement to purchase 45 acres -
Aut orization to cancel - Temp. Reso. #4246 - Discussion
and possible action.
FINAL ACTION: RESOLUTION NO. R-86-282 PASSED.
APPROVED directing the Consulting City Attorney to reopen
negotiations with the Attorneys for Richard C. Jones,
Trustee, in order to secure 15 net acres of land for
municipal purposes and directing the Consulting City
Attorney to refrain from further implementing the Escrow
Agreement with respect to the purchase of 45 acres from
Richard C. Jones, Trustee, and directing the Consulting
City Attorney to present a proposed revised agreement no
later than tbg,,,second Council meeting in September_.
The City Council may consider and act upon such other business
as may come before it.
Pursuant to Chapter 286.0105, Florida Statutes, if a person
decides to appeal any decision made by the City Council with
respect to any matter considered at such meeting or hearing, he
may need to ensure that a verbatim record of the proceedings is
made which record includes the testimony and evidence upon
which the appeal is based.
arol E. Barbuto
Assistant City Clerk
PAGE 11
7/23/86
CITY OF TAMARAC, FLORIDA
REGULAR CITY COUNCIL MEETING
July 23, 1986
Tape 1 CALL TQ ORDER: Mayor Hart called the meeting to order on Wednes-
day, July 23, 1986, at 9:00 A.M. in the Council Chambers of City
Hall.
_ROLL CALL: PRESENT:
Mayor Bernard Hart
Councilman Sydney M. Stein
Vice Mayor Jack Stelzer
Councilwoman Helen Massaro
ABSENT AND EXCUSED:
ALSO PRESENT:
Councilman Arthur H. Gottesman
John P. Kelly, City Manager
A. Bryant Applegate, City Attorney
Carol E. Barbuto, Assistant City Clerk
Patricia Marcurio, Secretary
MEDITATI N AND PLEDGE OF ALLEGIANCE: Mayor Hart called for the
Pledge of Allegiance followed by a Moment of Silent Meditation.
BOARDB AND COMMITTEES
7. Salary Reyiew..Committee - TemP __9,_rdt_ #1283 - Report --
Discussion and possible action.
SYNOPSIS OF ACTION:
Temp. Ord. #1283 was
added to the agenda (See Page 6).
*
V/M Stelzer inserted Temp. Ord.#1283 in this item.
CONSENT AGENDA
8. Consent Agenda --
n) Refund to Lennar Homes, Inc., for overpayment of fees in the
amount of $106.77 for a Certificate of Occupancy for Building
H-1 in the Belfort Project.
SYNOPSIS OF ACTION: Agendized by Consent.
(See Pages 7, 8 & 9).
*
* V/M Stelzer MOVED to Agendize this item by Consent, SECONDED by
* C/M Stein.
VQTE: ALL VOTED AYE
LEGAL AFFAIRS
28. Broward Sheriff's_ Office - Referendum Issue - Discussion and
possible action on: �- -••_ _..
a) Tgmp. Rpso,_14244 amending Resolution 86-96 regarding a
contract with the Broward Sheriff's Office, refining
procedures pertaining to the adoption of a contract.
b) Placement of a referendum issue on the November 4, 1986
ballot to propose that the City contract with the Sheriff of
Broward County to provide professional police protection
services in Tamarac after January 1, 1987 -
Temp. Ord,#1279 First Reading.
SYNOPSIS QF ACTION:
a) Agendized by Consent
(See Pages 13, 14 & 15).
1
7/23/86
/pm
a) V/M Stelzer MOVED to Agendize by Consent Temp. Reso. #4244,
SECONDED by C/M Stein.
VOTE: .ALL VOTED AYE
TAMARAC UTILITIES
44. Authogigation for staff to solicit bids fgr_the purchase
of a diesgl engine _driven pump_ for loading, transport and
unloading of wastesewage-,sludge - Discussion and possible
action.
SYNQPE IS__OF _ACTION :
Agendized by Consent.
(See Page 34).
V/M Stelzer MOVED to Agendize this item by Consent, SECONDED by
C/M Stein.
VQTE: ALL VOTED AYE
LEGAL AFFAIRS
45. Charter AMgndMpnt to gection 7,13 to change 1-1/2% to
2-1 2% - TeMp. Ord. #1282 - Discussion and possible action.
YNOP I F ACTION:
Agendized by Consent.
(See Page 34) .
V/M Stelzer MOVED to Agendize this item by Consent, SECONDED by
C/M Stein.
TE: ALL VOTED AYE
BOARDS AND COMMITTEES
46. Confirmation of Planning Commission_appointment _of a_Rgguiar
MQMber - Discussion and possible action.
SYNOPSIS OF ACTION:
Agendized by Consent.
(See Pages 34 & 35) .
V/M Stelzer MOVED to Agendize this item by Consent, SECONDED by
C/M Stein.
VOTE: ALL VOTED AYE
GENERAL ADMINI,STRATIYE/FINANCIAL
47. Presentation of Budget by Finance Director - Discussion and
possible action.
EYNOPSIS OF ACTION:
Agendized by Consent.
(See Page 35).
V/M Stelzer MOVED to Agendize this item by Consent, SECONDED by
C/M Stein.
Y2:
ALL V TED AYE
1
2
7/23/86
/pm
COMMUNITY DEVELOPMENT
48. Proposed C nv ration Centgg at Sawgrass Industrial Park -
Temp. Reso. #4245 - Discussion and possible action.
SYNOPSIS OF ACTION:
Agendized by Consent.
(See Page 35).
*
* V/M Stelzer MOVED to Agendize this item by Consent, SECONDED by
* C/M Stein.
VOTE: ALL VOTED AYE
TAMARAC UTILITIES
10. Public Works portion of Land Section 7 proposed.cgmplex -
Proiect 86-13 - Discussion and possible action to approve
Addendum #4 to the contract with Adache/Axon in the amount of
$78,000.00 for the schematic design and design development and
to authorize proceeding with Phases I and II only at a cost not
to exceed $35,000.00.
SYNOPSIS OF ACTION:
TABLED at the request of
the City Manager.
*
* V/M Stelzer MOVED to TABLE this item at the request of the City
* Manager, SECONDED by C/M Stein.
UTE; ALL VOTED AYE
11. Wastewater Treatment Plant #3 - Discussion and possible action
to waive the bidding process and to authorize the cleanout of
sludge on a sole source, emergency basis.
SYNOPSIS OF ACTION:
TABLED at the request of
the Deputy City Engineer.
* V/M Stelzer MOVED to TABLE this item at the Deputy City Engineer's
* request, SECONDED by C/M Stein.
TE:
ALL VOTED AYE
12. Utilities West - Bid Award - Discussion and possible action on:
a) Award of a bid for patching, cleaning and painting all
exterior surfaces of two concrete water storage tanks -
Temp, Rf.,so._#4226
b) Appropriate budget transfer
SYNOPSIS OF ACTION:
b) REMOVED from the
agenda.
(See Page 10).
*
* V/M Stelzer said b) refers to a budget transfer which is not
* required, therefore, he MOVED to REMOVE b) from the agenda,
* SECONDED by C/M Stein.
VOTE:
ALL VOTED AYE
13. Ru_ssell _& Axon -- Nob Hill Road _:Qn.s.t.ructign - Discussion and
possible action to authorize this firm to perform preliminary
design work to establish the total task to prepare contract
documents and working drawings for Nob Hill Road construction
between Commercial Boulevard and a point about 800-feet south
of McNab Road plus a water line for an amount not to exceed
$5,820.00 subject to verification that the County will con-
struct Nob Hill Road in 1987.
SYNQPS I,E OF ACT I O13 :
TABLED at the request of
the Deputy City Engineer.
3
7/23/86
/pm
V/M Stelzer MOVED to TABLE this item at the request of the Deputy
City Engineer, SECONDED by C/W Massaro.
VOTE: ALL VOTED AYE
COMMUNITY DEVELOPMENT
38. yJgodmont Tract72-C._ (Pineapple Park) - Discussion and possible
action on:
a) Renewal of a model sales permit and waiver of the 300-foot
distance requirement for issuance of certificates of
occupancy.
b) Renewal of a waiver to the sign ordinance for a temporary
announcing sign on property other than their own -
so. #4228
c) Release of performance Letter of Credit No. 477 in the
amount of $83,067.50 subject to receipt of a one-year
warranty bond in the amount of $21,298.00.
d) Acceptance of the Bill of Sale for the water distribution
and sewage collection system improvements - TgMp.
Reso. #4230
SYNOPSIS „QF ACTION:
a) and b) REMOVED at the
request of the developer.
(See Pages 32 & 33).
V/M Stelzer MOVED to REMOVE a) from the agenda at the request of
the developer, SECONDED by C/M Stein.
Yam: ALL YOTED AYE
V/M Stelzer MOVED to REMOVE b) from the agenda at the request of
the developer, SECONDED by C/M Stein.
V TE: ALL VOTED AYE
PRESENTATIONS AND AWARDS
1. E ee rvic Aw ds - Presentation by City Manager Kelly of
five-year pins to Mike Roberto, Police Department, Paul Kelly,
Fire Department, and Min Wander, City Attorney's office.
SYNOPSIS OF ACTION•
City Manager Kelly presented a
five-year pin to Min Wander.
Mike Roberto and Paul Kelly
were not present to receive
their pins.
City Manager Kelly presented a five --year pin to Min Wander of the
City Attorney's office.
2. Irving Vitrofsky - Presentation by Mayor Hart to Irving
Vitrofsky of a Certificate of Appreciation in recognition of
his service on the Recreation Board.
SYNOPSIS OF ACTION:
Mayor Hart made this
presentation to
Irving Vitrofsky.
4
7/23/86
/pm
Mayor Hart presented this Certificate of Appreciation to
Irving Vitrofsky.
4. Raymond J. Munitz - Presentation of a plaque by Mayor Hart to
Raymond J. Munitz in recognition of his contributions during
his term of office as a Member of Council.
SYNOPSIS OF ACTION:
Mayor Hart made this
presentation to Mr. Munitz.
Mayor Hart presented this plaque to Mr. Munitz.
3. Philip B. Kravitz - Vresentation of a plaque by Mayor Hart to
Philip B. Kravitz in recognition of his contributions during
his term of office as Mayor and as a Member of Council.
SYNOP I5 OF ACTION:
Mr. Kravitz was not present
to accept this plaque and
it will be mailed to him.
Mayor Hart announced that this plaque will be mailed to
Mr. Kravitz, who could not attend this meeting.
5. ko/Man's Showcagg,_ Inc. - Presentation by a representative of
this organization requesting a City sponsored theater company.
SYNOPSIS OF ACTION:
A presentation was made by
both Ann White and Dorothy
Willis. They will meet with
the City Manager on this item.
Dorothy Willis, President of Wo/Man's Showcase, Inc., said they are
a non-profit, tax exempt organization started by the State of
Florida with a grant from the Broward Arts Consortium. She said
the problem they are having is finding a home.
Ms. Willis said many cities have been sponsoring theatrical groups
and they were hoping Tamarac would sponsor Wo/Man's Showcase by
giving them space. She said in return they would present the City
with a budget explaining what their costs are. She said there will
be theatrical groups for the children and senior citizens with
workshops.
V/M Stelzer suggested that the City Manager discuss this with
Ms. Willis and Mr. Kelly said he will have a meeting with her and
the Recreation Director.
Ann White, Founder and Executive Director of Wo/Man's Showcase,
said they will meet with the City Manager and the Recreation
Director.
BOARDS AND COMMITTEES
6. Announcement of the following vacancies:
a) Board of Adjustment - One alternate position for a one-year
term.
b) Planning Commission - Three alternate positions for one-year
terms.
SYNOPSIS OF ACTION:
Announcement was made.
5
7/23/86
/pm
Mayor Hart announced the vacancies as noted above and urged
interested parties to contact the City Clerk's office for applica-
tions.
7. Salary Rev,iPwCommittee - Temp. 0,,g,dy_#1283 - Report -
Discussion and possible action. First Reading.
SYNAPSIS OF ACTION: The
Committee report was ACCEPTED
with Council's gratitude.
Temp. d #1283 was
Agendized by Consent on Page 1
and APPROVED on first reading.
Mr. Applegate read Temp. Ord. #1,283 by title.
C/M Stein thanked David Krantz, Chairman, along with the members of
the Committee, for their work. He MOVED to ACCEPT the Committee's
report with thanks for their work.
SECONDED by V/M Stelzer.
Irving Lopatey, member of the Salary Review Committee, said the
Ordinance had a total including 4 cents and C/M Stein said it
cannot be divided by 12 evenly. Mr. Applegate said he wanted to be
as specific as possible. Mayor Hart said the Chairman of the
Committee is on vacation and could not be present but he worked
very well with all members of this Committee. He said copies of
the Committee Report are available at the City Clerk's office.
VOTE:
ALL VOTED AYE
y „�„1283 on first reading,
C/M Stein MOVED APPROVAL of TP p. Ord.,,,
SECONDED b V/M Stelzer.
VOTE:
C/W Massaro Nay
V/M Stelzer Aye
C/M Stein Aye
Mayor Hart Aye
Melanie Reynolds, resident, said the Charter states that the
Council may create a Committee and then appoint the members. She
said there is nothing in the Charter that gives the Mayor that
privilege. She questioned whether it was proper for the Mayor to
call on the members of this Committee as well as forming this
Committee.
Mr. Applegate assured Council that they are in compliance with the
Charter. He said several weeks ago when the Resolution was adopted
creating a Salary Review Committee, a provision Was obtained that
the Mayor may appoint the members to the Committee.
Ms. Reynolds said under McQuillan, Council may not get their
expenses per month. She said the Council is only allowed to
Agendize by Consent emergency items and, since this is most
important to all residents of the City, it should not be Agendized
by Consent today.
Mr. Applegate said this is only a first reading and there will be a
public hearing and second reading. He said McQuillan is an
authority on municipal law and is only a source of law. He said
the Council's main source of law is the Charter, which is adopted
pursuant to the Home Rule Power Act.
Mayor Hart said this Ordinance, if approved on second reading and
public hearing, will be presented to the voters in November for
their decision.
1
1
6
7/23/86
/pm
F1
A
LE AL AFFAIR
26. gharter Re iew Committee -- Temp, Ord. #1278 - Discussion and
possible action to create this committee.
SYNOPSIS OF ACTI.9H:
APPROVED on first reading.
Mr. Applegate read Temp. Ord, #1278 by title.
C/M Stein MOVED APPROVAL of Temp, Ord. #1278 on first reading,
SECONDED by V/M Stelzer.
C/W Massaro asked why the City needs a Charter Review Committee
when there is already a Charter Board. C/M Stein said if this were
put in the hands of the Charter Board, they would reflect the views
of the Charter Board and if it were put in Council's hands, the
Council's views would be reflected. He said this Committee will
consist of one member of Council and one member of the Charter
Board with the rest of the members being from the public.
C/M Stein said during C/W Massaro's Administration in 1977, there
was a Charter Review Committee even though there was a Charter
Board. He said two years ago another Charter Review Committee was
commissioned which was terminated before they had a chance to
operate.
C/W Massaro said she feels the Charter Board should be doing this.
Mayor Hart said the Charter Board has been reviewing the Charter
every year and, in the last three years, there were 33 separate
referendums presented to the voters of Tamarac. He said the
Charter Board now feels the Charter needs review again. He said
the last time a complete Charter review was made was in 1977. He
said he polled 49 cities and 30 of them had a Charter Review
Committee appointed by the City Council. He said this Committee is
charged also with holding public hearings for public input before
the Committee Report is submitted. He said this will be presented
to the voters when this is completed.
C/W Massaro said the poll of cities is not informative because many
of those cities do not have a Charter Board that serves all year.
VOTE•
C/W Massaro Nay
V/M Stelzer Aye
C/M Stein Aye
Mayor Hart Aye
CONSENT AGENDA
8. Consent Agenda, -
a) Approval of minutes as recommended by the City Clerk:
1) Minutes of 5/28/86 - Regular Meeting
2) Minutes of 6/10/86 - Special Meeting
3) Minutes of 6/11/86 - Regular Meeting
b) Ruf & Carsky, P.A. - Approval to pay the following
invoices:
1) Prosecution Services
2) General Services
3) General Services
c) ESM Litigation Expenses
following invoices:
1) English, McCaughan &
amount of $729.13 for
6/15/86.
- 6/25/86 - $3,158.75
6/2.5/86 - 1,705.00
7/15/86 - 1,383.94
- Approval to pay the
O'Bryan - Invoice in the
the period through
7
7/23/86
/pm
c) ESM Litigation Expenses - Cont'd.
2) Peterson & Co. - Invoice in the amount of
$3,612.44 for the period of 5/1/86 through
5/31/86
d) Harry A. Halpern - Resident of the Woodlands:
1) Approval of a Water and Sewer Developers
Agreement for 5714 White Hickory Circle
2) Approval to remove from the agenda acceptance of
a drainage easement by Temp. Reso. #4149
(tabled from 5/28/86)
e) Treehouse Apartments - Model Sales Facility -
Renewal of a model sales permit.
f) Tamarac Gardens - Model Sales Facility:
1) Renewal of a model sales permit
2) Waiver of the 300-foot distance requirement for
issuance of certificates of occupancy.
g) Ashmont/Kings Point - Model Sales Facility --
Renewal of a permit for the use of a model sales
facility at another location (Kings Point
Professional Plaza).
h) Belfort/Kings Point - Phase I - Tgmp. Reso. #4231 -
Release of warranty Letter of Credit #L06004 in the
amount of $835.00 posted for landscaping.
RESOLUTION NO. R-86-264 PASSED.
i) Belfort/Kings Point - Phases II, III and IV - Water
and Sewer Systems:
1) Release of performance Letter of Credit #85192
in the amount of $16,247.00 posted for the sewer
system and Letter of Credit #85191 in the amount
of $37,938.10 posted for the water system
subject to a one-year warranty bond in the
amount of $9,725.23 for the sewer and a one-year
warranty bond in the amount of $14,116.80 for
the water system - TemR. Res- #4239
2) Acceptance of the Bill of Sale for the water
distribution and sewage collection system
improvements - Temp. Reso. #4240
RESOLUTION NO. R-86-266 PASSED.
j) Fire Stations #1 and #2 - Approval to waive the
bidding process to repair the roofs of both fire
stations on an emergency basis; and to accept the
proposal from Atlas Roofing Company in the amount
of $13,990.00 to perform this work.
k) Conferences and Seminars:
1) Approval for the Assistant Fire Chief to attend
the International Fire Chiefs Conference in
Dallas, Texas, from 9/21/86 through 9/24/86.
2) Approval for the Public Works Director to attend
the Hazardous Chemical Training Course at the
Marine Safety School, Coast Guard Reserve
Training Center, Yorktown, Virginia, for a
period of two weeks commencing 8/11/86.
1) Sonitrol Security System - Approval to purchase
this security system for the Public Works
Department and the Parks and Recreation Department
on an emergency basis at the following cost:
1) Public Works - Installation cost of $2,530.00
and $71.00 per month for monitoring/service.
F]
1
8
7/23/86
/pm
1) Sonitrol Security System - Cont'd.
2) Parks & Recreation - Installation cost of
$1,455.00 and $59.00 per month for
monitoring/service.
m) Tamarac Utilities -
1) Utilities West Operations Building -- Project
84-17 - Temp. Res #422 - Approval to call
Warranty Bond #2676 in the amount of
$116,052.00 posted by Marsten Leasing
Corporation if required remedial repairs have
not been completed.
RESOLUTION NO. R-86-267 PASSED.
2) R.J. Sullivan Corporation - Freshwater Storage
Tank - Project 84-19 - Payment of Invoice #2 in
the amount of $161,424.63 dated 6/26/86.
3) R.J. Sullivan Corporation - 2.0 MG Water Tank
and Pumping Station - Project 84-29 - Approval
of Change Order #1 to increase this contract by
$3,150.00 to a new contract price of
$996,150.00.
4) Wellfield Protection Program (Fort Lauderdale
Pump Station) - Project 86--16:
1) Approval of Hazen & Sawyer.'s proposal in the
amount of $8,100.00 to prepare plans,
specifications, bid evaluations,
recommendations for contract award, and
construction management services for this
project.
2) Approval to solicit construction bids for
this work.
5) Daniel E. Adache & Associates - Water Treatment
Plant Design of improvements and the TUW/Public
Works Complex in Land Section 7 - Projects 84
20 and 86-13 - Payment of Invoice #10411 in the
amount of $23,379.98 dated 6/6/86.
n) Refund to Lennar Homes, Inc. for overpayment of
fees in the amount of $106.77 for a Certificate of
Occupancy for Building H-1 in the Belfort Project..
SYNOUIS OF ACTT
APPROVED a) through m).
n) was Agendized by Consent
on Page 1 and APPROVED.
* C/M Stein MOVED APPROVAL of items a) through n), SECONDED by
* V/M Stelzer.
C/W Massaro asked the City Manager if he had an opportunity to
check item k) 2) and Mr. Kelly said he did and he felt it was a
great opportunity. C/W Massaro said she had no problem then.
VOTE: ALL VOTED AYE
TAMARAC UTILITIES
9. Utilities -Nest - RDvised Site Plan - Te Reso
#4225 - Discussion and possible action to approve a revised
site plan.
SYNOPSIS OF ACTION•
APPROVED.
RESOLUTION NO. R-86-268 PASSED.
9
7/23/86
/pm
Mr. Applegate read Te s 4225 by title.
V/M Stelzer MOVED APPROVAL of Temp. Reso4225, SECONDED by
C/M Stein.
C/W Massaro asked the City Manager if these plans were reviewed
and he said yes. C/W Massaro said she noticed from the minutes
that there were certain comments made at the Planning Commission
meeting and she questioned whether they were considered.
Mr. Kelly said he has been advised that the plan has been
modified to accommodate those recommendations.
VQTE: ALL VOTED AYE
12. Utilities West - Bid Award - Discussion and possible action
on:
a) Award of a bid for patching, cleaning and painting all
exterior surfaces of two concrete water storage tanks -
Tgmp. Reso. #4226
b) Appropriate budget transfer
SYNOPSIS OF ACTION: RESOLUTION NO. R-86-269 PASSED.
a) APPROVED.^
b) REMOVED from the agenda.
a) Mr. Applegate read Temp.gsoT._#4226 by title.
V/M Stelzer said there were 4 bids received and the Engineering
Department has recommended awarding the bid to Blast -Air, Inc.,
the lowest bidder, in the amount of $12,300.00.
V/M Stelzer MOVED APPROVAL of Temp, Reso._J4226, SECONDED by
C/M Stein.
VOTE: ALL VOTED AYE
14. yersaillgs Gardens - Discussion and possible action to clarify
the amount of refund to be made from a security deposit.
SYNOPSIS OF ACTION:
HELD for later in the day.
(See Pages 19 & 20).
Mr. Applegate said this refund was awarded by Motion, therefore,
no Resolution was required to amend this. He said the Attorney
for Versailles Gardens was supposed to be coming from Tampa.
C/W Massaro said Council does not have enough information to take
action on this.
Frank Etheredge, Finance Director, said there was some question
concerning the amount to be refunded and he suggested this item be
held for later in the day.
GENERAL ADMINISTRATIVE/FINANCIAL
15. Italian American Club Qf Tamarac - Temp. Reso. #4223. -
Discussion and possible action to approve execution of a Hold
Harmless Agreement with this organization for a Street Festi-
val to be held October 16 - 19, 1986.
SYNOPSIS OF ACTION: RESOLUTION NO. R-86-270 PASSED.
APPROVED providing the
Certificate of Insurance
is received.
Mr. Applegate read Temp. Reso. #4223 by title.
10
7/23/86
/pm
*
* V/M Stelzer MOVED APPROVAL of Temp. Reso.,#4223 subject to receipt
* of the Certificate of Insurance. Mr. Applegate said all those
* provisions are found in the Hold Harmless Agreement which he
* prepared. He said, for example, if the Italian American Club does
* not provide the Risk Manager with the Certificate of Insurance in
* such form as required, than this Agreement cannot be executed.
C/M Stein SECONDED the MOTION.
VOTE:
ALL VOTED AYE
18. Building and Community Development Department - Budget
Transfers - Discussion and possible action to transfer funds
from Contingency to various accounts within the Building and
Community Development Departments because of funds charged
incorrectly in effectuating Land Use Amendments and to com-
plete the new Building Department Annex.
_SYNOPSIS OF ACTION:
APPROVED.
*
* V/M Stelzer said on 7/10/86, the Chief Building Official requested
* budget adjustments. He said they have been approved by the
* Finance Director and he MOVED to APPROVE all transfers, SECONDED
* by C/W Massaro.
VOTE: ALL VOTED AYE
EDITQ-R',S NOTE: The budget transfers involved were:
1)
$500.00 from Line Item Account 001--872-581-901 of the
budget
named Contingency be transferred to Line Item Account
001-227-
524-510 named Office Supplies.
2)
$2,066.00 from Line Item Account 001-872-581-901 of the budget
named Contingency be transferred to Line Item Account
001-227-
524-470 named Printing & Binding.
3)
$260.00 from Line Item Account 001-872-581--901 of the
budget
named Contingency be transferred to Line Item Account
001-227-
524-310 named Professional Services.
4)
$1,000.00 from Line Item Account 001-372-581-901 of the budget
named Contingency be transferred to Line Item Account
001-227-
524-462 named Building.
5)
$3,636.00 from Line Item Account 001-872-581-901 of the budget
named Contingency be transferred to Line Item Account
001--227-
524-140 named Overtime. (See Attachment 1 )
LEGAL AFFAIRS
25. Code Enforcement Board - TgMp,._Reso� #4222 - Discussion and
possible action to approve the City Code Enforcement Board
Procedural Handbook.
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-86-271 PASSED.
Mr. Applegate read Temp. Reso. #4222 by title.
Mr. Applegate said this handbook consists of 20 pages of rules for
the Code Enforcement Board. He said he incorporated the handbook
from the handbook he prepared as City Attorney for the Code
Enforcement Board in Pompano Beach.
Tape 2
Mr. Applegate said the handbook consists of Rules of Procedure,
Rules of Evidence, Rules for Distribution of Material, Meeting
Requirements, and Coordination Requirements. He said the handbook
is to be used by the Chairman more than any other member to help
him conduct the meetings.
11
7/23/86
/pm
C/M Stein said this is being done in-house and there is no cost
involved. Mr. Applegate said this handbook has already been
distributed contingent upon Council's approval.
C/M Stein MOVED APPROVAL of Temp. Reso. #4222, SECONDED by
V/M Stelzer.
C/W Massaro said she has not had an opportunity to read this and
she asked if there is any reason to adopt this today. Mr.
Applegate said no, but the Procedure Handbook is just a guide for
the Board to work with. He said it was prepared by his office to
make sure that all due process is afforded the alleged violators.
He said the only reason he requests Council's action today is that
when an appeal is taken from the decision of the Code Enforcement
Board in the Circuit Court, he can attach, in his pleadings, a
copy of the Resolution showing that the book has been formalized.
C/W Massaro asked if this Board will operate during August and
Mr. Applegate said no, their first Workshop meeting is scheduled
for tomorrow and, at that time, they will just have a general
organizational meeting. He said he plans to have a Workshop
meeting with them in August with a trip to Pompano Beach to review
the Code Enforcement Board meeting there. He said this will give
them an idea of how a meeting of this type is conducted.
Mayor Hart noted that the Council has previously approved the City
Attorney as counsel for the Code Enforcement Board. Mr. Applegate
said the handbook has been drafted pursuant to Florida Statutes
and the Code; therefore, there should not be many changes that
Council can make.
VOTE: ALL VOTED AYE
GENERAI, ADMINISTRATIVE/FINMCIAL
16. Ztlf-insurance, Hgalth,Program - Discussion and possible action
on:
a) Selection of a third party administrator
b) Approval of employee and dependent premiums for FY 86/87
SYNOPSIS OF ACTION:
a) TABLED.
b) APPROVED increasing
the employee rate from
$74.49 to $79.45 with the
dependent rate being
increased from $144.08 to
$150.05.
a) Judy Deutsch,
agendized, she
said, however,
requested this
Personnel Director, said when she asked this item be
had hoped to have the reinsurance rates in. She
since she does not have all of the rates, she
item be TABLED.
V/M Stelzer MOVED to TABLE the a) portion of this item, SECONDED
by C/M Stein.
VOTE -
ALL VOTED AYE
b) Mrs. Deutsch said the City has enjoyed a relatively good exper-
ience this year, the first time since the City has been self -
insured. She said based upon their experience and the projections
for next year, she proposed that the employee rate go from $74.49
to $79.45 with the dependent rate going from $144.08 to $150.05.
1
1
1
12
7/23/86
/pm
1
1
1
Mrs. Deutsch said this is an overall increase of 5% to both the
City and the employee portion of the health insurance.
V/M Stelzer MOVED APPROVAL of the Personnel Director's recommenda-
tions, SECONDED by C/M Stein.
VOTE
ALL VOTED AYE
17. Healt a 'c Insurance - Discussion and possible action to
renew coverage effective October 1, 1986.
SYNOPSIS OF ACTION:
APPROVED renewal of coverage
from 10/1/86 to 9/30/87.
Judy Deutsch, Personnel Director, said Health America is the HMO
that has been with the City for the past 5 years. She said this
year their rate increase is approximately 7% from $74.48 to $79.45
with the dependent rate going from $130.97 to $140.63. She
recommended that the City renew with them at the rates requested.
V/M Stelzer asked how many employees are with the HMO and
Mrs. Deutsch said approximately 25%.
C/M Stein MOVED to adopt renewal of the City's coverage with
Health America from 10/1/86 to 9/30/87. SECONDED by V/M Stelzer.
C/W Massaro asked what the employee coverage rate would be and
Mrs. Deutsch said it will be $79.45 as opposed to $74.48 presently
and the dependent rate will go from $130.97 to $140.63. She said
the City pays the employee coverage in total and pays a fixed
amount for dependent coverage. C/M Stein said the increase does
not affect the City since their dependent coverage stays the same.
C/W Massaro asked if there is no increase in the dependent cover-
age and Mrs. Deutsch said there is an increase but it will be
absorbed by the employee opting to take dependent coverage.
C/W Massaro asked if the City's coverage they are assuming will
remain the same and Mrs. Deutsch said no. She said for the
employee it is increased approximately $5.00 per month.
C/W Massaro said the dependent coverage that the City assumes
remains the same and any additional amount that is required to be
paid is absorbed by the employee. Mrs. Deutsch said that is
correct.
VOTE:
ALL VOTED AYE
28. Broward Sheriff's_ Office - Referendum_Issue -
Discussion and possible action on:
a) Temp. Reso. #4244 amending Resolution 86-96 regarding a
contract with the Broward Sheriff's Office, refining
procedures pertaining to the adoption of a contract.
b) Placement of a referendum issue on the November 4, 1986
ballot to propose that the City contract with the Sheriff
of Broward County to provide professional police protection
services in Tamarac after January 1, 1987 - Te
#1279 First Reading.
SYNOPSIS_OF ACTION:
a) Agendized by Consent on
Pages 1 & 2 and APPROVED.
b) APPROVED on first reading.
RESOLUTION NO. R-86-272 PASSED.
a) Mr. Applegate read Temp. Reso. #4244 by title.
13
7/23/86
/pm
*
* C/M Stein MOVED APPROVAL of Temp. Reso. #4244, SECONDED by
* V/M Stelzer.
Mr. Applegate said this is a revision of the original Resolution
and revises Section 1 to change "Acting City Attorney" to
"Consulting City Attorney", deleting approval of the electorate as
to the contract and that valid language is changing. He said the
same item is in Section 3, which now still gives Council the
authority to establish Special meetings as may be needed to
finalize the document.
C/W Massaro said Council is adopting an Ordinance without a
contract and she felt this was not a reasonable approach. She
said the new Ordinance has eliminated the need to send a summary
of the contract to the electorate and Mayor Hart said that is not
true. Mr. Applegate said Section 4 of Resolution 86-96 remains
unchanged.
C/W Massaro said Council received the backup material late,
therefore, she objected to consideration of this. Mr. Applegate
said the original Resolution would require that the City provide a
summary of the contract's provisions to the voters 14 days prior
to referendum. He said that provision remains unchanged.
C/W Massaro asked why the Council is passing an Ordinance without
having a contract ready. Mayor Hart said this Ordinance will
allow the voters to decide whether or not they want the Council to
accept a contract with the BSO subject to an approved contract.
He said if this is not passed on first reading now and approved
on second reading at the Special Council meeting in September,
they will be unable to allow the residents to vote on this
question in November. He said time is a factor.
Mr. Applegate said Temp. Reso. #4244 is basically a housekeeping
Resolution. Mayor Hart said the original Temp. Ord. #1279,
called for "approval of the attached contract". He said the City
does not have an attached contract since the Council has not
approved a contract as yet. He said they are asking that this go
to a vote in November subject to a contract that will be discussed
and approved or rejected by the Council.
C/M Stein said the objection to putting the contract as part of
the referendum is that the City is then bound and cannot negoti-
ate. He said if they did that today, negotiations would be stop-
ped. He said they have 95% of the contract available for the
people to see and this will be mailed to the people. He said
there are still some negotiating points; most specifically, the
value of the inventory and how it is to be disposed.
C/M Stein said there is a time constraint and he felt this was not
the time to discuss the Ordinance.
VOTE•
C/W Massaro Nay
V/M Stelzer Aye
C/M Stein Aye
Mayor Hart Aye
b) Mr. Applegate read Temp. Ord. #1279 by title.
1
1
14
7/23/86
/pm
*
* V/M Stelzer said it should be indicated that Temp. Ord. #1279 has
* been revised 7/22/86 and he MOVED APPROVAL of Temp -.-Ord.
* #1279. Mr. Applegate said for clarification that in Section 2,
* the formal referendum question shall be as follows, "Are you in
* favor of the Broward County Sheriff's Office assuming the respon-
sibility of the police enforcement within the City of Tamarac
* subject to the City Council approving an appropriate contract with
* the Broward County Sheriff's Office. Yes. No."
*
* C/M Stein SECONDED the MOTION.
Morris Haber, member of the Charter Board, read Temp. Reso.
#4244, Section 1, "The City Council authorizes and directs the
City Manager, Consulting City Attorney and Police Chief to meet as
negotiating committee with Sheriff. Nick Navarro or his designees,
to prepare a contract in the best interests of the City for
consideration by the City Council and approval by.the
electorate. He said the "approval by the electorate" was deleted
and he questioned why.
Mr. Applegate said that was removed because under the old language
a contract would be required to be part of the Ordinance today.
He said it was impossible for the negotiating committee to agree
to a contract as of today. Mr. Haber said the residents were
supposed to approve this contract.
C/W Massaro said the first Ordinance indicated that there was to
be a summary of the contract mailed to each registered voter and
she noted this was eliminated here. Mr. Applegate said Section 5
of the Resolution states, "that Section 4 of Resolution 86-96 as
amended by Resolution 86-174 remains unchanged." C/W Massaro
asked why the title was changed and Mr. Applegate said the second
Resolution's revision changed the initial Resolution.
Mr. Applegate said the title to that Resolution only pertains to
the revisions as per law. He said the paragraph C/W Massaro is
concerned about remains unchanged.
VOTE:
C/W Massaro Nay
V/M Stelzer Aye
C/M Stein Aye
Mayor Hart Aye
PUBLIC HEARINGS
19. L w nc K er - Rezoning Petition #6-z-86 - Tem .
Ord, #1280 - Discussion and possible action on a request to
rezone lands on the southwest corner of Commercial Boulevard
and NW 47 Terrace, extending westward to the Florida State
Turnpike, from B-1 (Neighborhood Business) to B-6 (Business
District). First Reading.
a) Acceptance of Affidavit of Publication, Affidavit of
Mailing and Affidavit of Posting.
b) Consideration of application.
SYNOPSIS OF ACTION:
a) ACCEPTED.Affidavits.
b) APPROVED on first reading.
Public hearing was held.
b) Mr. Applegate read Temp. Ord. #1280 by title.
Mayor-Hart.opened the public hearing.
Lawrence Kramer, representative of the applicant, said the
location is on Commercial Blvd. and NW 47 Terr. directly across
from the Florida Turnpike. He said their property is 2.1 acres
located directly in front of the pay booth. He said there are
approximately 1,000 lineal feet on Commercial Blvd. and the width
of the property is approximately 140 feet.
15
7/23/86
/pm
Mr. Kramer said the property is presently zoned B-1 and they are
requesting a rezoning to B-6 for the purpose of making this
property useable. He said as a B-1 designation, this property is
too narrow and the Board of Adjustment has refused to grant a
variance that would permit building on this property for any
purpose. He said because of this they have elected to rezone to
B-6, which would permit development on this property.
Mr. Kramer said the B-6 designation will not require the developer
to have any hardship in developing the office building he is
contemplating which is approximately 30,000 square feet, 2 stories
above ground parking that will front on Commercial Blvd.
Mr. Kramer said the office building will be called Signature
Office Center and the Planning Commission has approved the concept
site plan and rezoning. He said if they remained with the B-1
zoning they could have retail, office or multiple other uses on
this property.. He said as a B--6 zoning, it is basically limited
to office use which has much less impact in terms of traffic and
other services to the building.
Mr. Kramer said because this is a prime location, the office
building aesthetically will be more pleasing than a strip center.
He said as a matter of traffic impact according to the City and
the County, the office building has 20% the impact of a retail
center.
Mr. Kramer said he went to the State DOT and they have an
approval for the ingress and egress for this site. He said they
have also met with the Association to discuss the ingress and
egress and they agreed to widen NW 47 Terr., install a right turn
lane off Commercial Blvd. and will limit the entrance on NW 47
Terr. to an "In" entrance only. He said there will be no impact
on any of the residential streets based on this project.
Mr. Kramer said the ingress and egress will also take place at
Commercial Blvd. He said there is a traffic light at the turnpike
entrance already existing. He said they have proposed to develop
a zig zag wall along the south property line that borders on this
street and they proposed to put a massive amount of landscaping in
and around that wall to buffer between the street and the building
project. He said without this rezoning nothing at all can be
placed upon this property and this is condemnation because it is
an ugly vacant lot presently.
Mayor Hart closed the public hearing with no further response.
*
* a) C/M Stein MOVED to ACCEPT the Affidavits of Publication, Mailing
* and Posting, SECONDED by V/M Stelzer.
Y2E
ALL VOTED AYE
* b) V/M Stelzer MOVED APPROVAL of Temp. Ord. #1280 on first reading,
* SECONDED by C/M Stein.
C/M Stein asked the City Attorney if they can stipulate that the
building proposed here is part of the rezoning petition. He said
he is in favor of the office building as proposed but would not
want anything else built there. Mr. Applegate said he would have
to research that question.
Mr. Kramer said he has no problem stating that there is no ques-
tion his client will build an office building with this design.
I
J
16
7/23/86
/pm
V/M Stelzer said the Building Department requires an artist's
concept or picture of every site plan proposed. He said if the
same concept is not sent in the Building Department can reject
this.
Thelma Brown, City Planner, said that is correct. She said she
would monitor this project to be sure this building does go
forward.
C/W Massaro questioned whether a condition could not be added to
today's approval that the rendering presented now is the one that
must be built or he must come back for reconsideration of the
zoning. Mr. Applegate recommended that Council adopt the
Ordinance since the site plan review will establish the controls.
Emil Beutner, Chairman of the Planning Commission, said in
previous situations, conditions were established that if the
building was not built the zoning will automatically return to the
original zoning Code.
Mr. Applegate said he is not locked into previous City Attorney s
advice and he recommended that this Ordinance be adopted with the
other controls taking place.
VOTE: ALL VOTED AYE
20. Turnpike Center Associates - Rezoning Petition #8- -86 -
Temp. _Ord. #1281 - Discussion and possible action on a request
to rezone lands on the north side of Commercial Boulevard at
NW 47 Terrace from B-1 (Neighborhood Business) to B-2 (Planned
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 Affidavits.
b) APPROVED on f..irst reading
as amended.
Public hearing was held.
a) Mr. Applegate read Temp. Ord #1281.by title.
*
* V/M Stelzer MOVED ACCEPTANCE of the Affidavits of Publication,
* Mailing and Posting, SECONDED by C/M Stein.
VOTE: ALL VOTED AYE
b) Sid Workman, Partner in Turnpike Center Associates, said they are
the developers of the apartment complex in the rear of this
property. He said the property in the rear was developed recently
as Pine Island Club Apartments and filled the vacant land behind
Treehouse Apartments next to the Utility Station owned by the
County. He said the front parcel, which is 4 acres, fronts on
Commercial Blvd. and is next to the Bagel Joint Restaurant, and
they are seeking a rezoning from B-1 to B-2.
Mr. Workman said the purpose of the rezoning, which is consistent
with an overall plan they began almost 3 years ago when they
acquired the property, is to allow this site to accommodate a
motel. He said historically, this has always been viewed as a
motel site and, over the years through various changes in zoning,
it fell out of compliance with the category it was in.
Mr. Workman said now that they have completed the rear and cleaned
up the property surrounding this area, they would like to move
forward to bring in a motel developer to complete this.
17
7/23/86
/pm
Mr. Workman said the purpose of the rezoning is to demonstrate to
the industry that this site is suitable for motels since there has
always been a question as to how this would be developed.
Melanie Reynolds, resident, asked if this has any connection with
the development adjacent to Treehouse and Mr. Workman said they are
the same landowners and they are just trying to get the property
suitable for development by changing the zoning category. He said
they will probably not be the developers of the motel.
Mayor Hart closed the public hearing with no further response.
*
* V/M Stelzer said the Planning Commission has approved the rezoning
* request and he MOVED APPROVAL of Temp. Ord. #1281 on first reading,
* SECONDED by C/M Stein.
Tape 3
C/W Massaro said there has been discussion of a motel site at this
location for many years and it did not occur for one reason or
another. She said if they are given permission to build under the
B-2 zoning without any restrictions there are too many undesirable
uses that could be allowed. She said she has no objection to the
application as submitted by Mr. Workman but she felt this parcel
needs research.
yQTE: ALL VOTED AYE
Mayor Hart asked the City Attorney if the Ordinance can be amended
to stipulate that the rezoning to B-2 would be for the purpose of a
motel and Mr. Applegate said there will be a problem with the
advertising on that. Thelma Brown, City Planner, said this cannot
be limited to a specific use if the use is to a classification
allowed for other uses that would also be permitted.
Mr. Workman said their intent is a motel and a restaurant combina-
tion and suggested this be zoned B--2 but be limited to all B-1 uses
plus a motel and a restaurant. Council members and the City
Attorney said they have no problem with that.
Mr. Beutner said he cannot agree with that because a restaurant
must come before Council for a special exception. Council agreed
and Ms. Brown said the B-1 zoning classifications that they are
limiting themselves to provide currently for special exception for
restaurants.
Mr. Workman said the restaurant may not be in the motel and would
be a separate free standing building.
*
* V/M Stelzer AMENDED his MOTION for APPROVAL of Temp. Ord. #1281
* providing for rezoning from B-1 to B-2 permitting all of the B-1
* uses with a motel. C/M Stein suggested the City Planner supply the
wording.
*
* Ms. Brown said there will be a third Whereas clause as follows:
* "Whereas, the City Council of the City of Tamarac has determined
* that the uses best provided here would be the B-1 classification
* with the exception that a motel/hotel would be the B-2 use
* allowed."
Yam:
ALL UTED _AYE
22. Animals - Temp.. -Ord. #1273 - Discussion and possible action to
amend Code Section 4-2 pertaining to uncontrolled animals to
define the term "owner" and to provide penalties for violation
of this Code section. Second Reading.
SYNOPSIS OF ACTION:
APPROVED on second and final
reading. Public hearing was held.
ORDINANCE NO. 0-86--42 PASSED.
1
1
W
7/23/86
/pm
*
*
*
Mr. Applegate read Temp. Ord. #1273 by title.
Mayor Hart opened and closed the public hearing with no response.
C/M Stein MOVED APPROVAL of Temp. Ord. #1273 on second and final
reading, SECONDED by V/M Stelzer.
VOTE:
ALL VOTED AYE
23. Code EnforcgMent Boa d - Temp. Ord. #1271 - Discussion and
possible action to ratify Emergency Ordinance 86-33 which
created this Board. Second Reading.
SYNOPSIS OF ACTION:.
APPROVED on second and
final reading. Public hearing
was held.
ORDINANCE NO. 0-86-43 PASSED.
Mr. Applegate read Temp. Ord. #1271 by title.
Mayor Hart opened and closed the public hearing with no response.
C/M Stein MOVED APPROVAL of Temp. Ord. #1271 on second and final
reading, SECONDED by V/M Stelzer.
TE• ALL VOTED AYE
24. Charter Amendment - Section 7.02 - Temp. Ord.1274 --
Discussion and possible action to place a Charter Amendment on
the November 4, 1986 ballot to change the date of City Manager
submission of the budget to Council from July lst to no later
than July 30th of each year. Second Reading.
SYNOPSIS OF .ACTION:
APPROVED.on second and
final reading. Public hearing
was held.
ORDINANCE NO. 0--86-44 PASSED.
Mr. Applegate read Temp, Ord. #1274 by title.
Mayor Hart opened and closed the public hearing with no response.
*
* V/M Stelzer MOVED APPROVAL of TpmR. Ogd--#1274 on second and final
* reading, SECONDED by C/M Stein.
VQTE: ALL VOTED AYE
TAMARAC UTILITIES
14. Versailles Gardens - Discussion and possible action to clarify
the amount of refund to be made from a security deposit.
SYNOPSIS OF _ACTION:
(See Page 10 for previous discussion).
The City Manager was directed
to pay the proper amount of
refund.
Charlotte Dressler, Accounting Manager, said on 6/25/86, the
Council approved a refund for an excess security deposit to
Versailles Gardens. She said when Versailles Gardens requested
this refund by letter dated 7/27/84, the amount was $16,852.13
based on information they had received.
J
19
7/23/86
/pm
Ms. Dressler said at that time Steve Wood was the Finance Director
and they were going to refund the amount that was requested. She
said when she checked the records around December, 1985, she found
the refund should be in the amount of $18,835.05. She said she was
requested to submit reports and she sent a memo dated 5/22/86 to
the Utilities Director listing all the condominiums with excess
security deposits. She said this memo does state that the amount
refunded should be $18,835.05.
Ms. Dressler said she supplied Mayor Hart and Larry Perretti, who
was City Manager at that time, with a computer copy of these
figures. She said this printout also shows the amount to be
refunded was $18,835.05.
Ms. Dressler said when Versailles Gardens was on the agenda on
6/25/86, she did not present the Council with the backup package
because she was under the impression that everyone had this
information.
Ms. Dressler said the minutes of the previous Council meeting at
which this was discussed did not reflect the amount to be refunded.
She said on 6/25/86 she sent a memo to the Finance Director with a
copy of Council action and all reports requesting that a check be
sent to Versailles Gardens. She said at that time a memo was
forwarded to Mr. Perretti and he signed that this was the correct
amount.
Ms. Dressler said the Finance Director noted that various Council
members were not aware that Versailles Gardens was being refunded
and the amount of the refund was unfamiliar to them. She said
Mr. Etheredge would not authorize cutting the check because of the
discrepancy. She said Mr. Perretti told her to advise Mr. Kelly
and she sent a memo to him on 6/27/86 requesting that he authorize
this check be cut.
Ms. Dressler said Mr. Etheredge wanted this clarified by Council;
therefore, on 7/7/86 a memo was sent from the Utilities Department
from her to Mr. Kelly requesting Council clarify the amount of the
refund to Versailles Gardens. She said the Attorney for Versailles
Gardens was present because he was assured that they would receive
the check.
Mayor Hart said Council already approved the refund but there was a
question of the amount. He referred to a letter from Versailles
Gardens' Attorney Palermo, "...they have $29,352.13 and should only
be paying $12,420.00, which would mean a refund of $16,932.13." He
said this should be clarified.
C/W Massaro asked Mr. Kelly if he reviewed this and Mr. Kelly said
he was accepting Council's action authorizing the refund. She said
there is a discrepancy which should be corrected. Ms. Dressler
said the reason for the discrepancy is that in 1985 they requested
the City give them a listing but the people in the Finance Depart-
ment at that time gave Attorney Palermo inaccurate information.
She said their records are correct and Mr. Palermo is aware of the
actual amount of $18,835.05.
C/W Massaro MOVED to APPROVE the payment of whatever the proper
amount is determined by the City Manager. Mr. Applegate asked if
Council's previous Motion specified an exact amount and
Ms. Dressler said no.
C/M Stein said a new Motion is not needed since approval was
already given by Council for payment.
20
7/23/86
/pm
LEGAL AFFAIRS
1
1
27. Municipal -Complex - Genergl Obligation Bonds - Discussion and
possible action on:
a) Temp. R so. #4242 amending and restating Resolution
84-121 authorizing the issuance of general obligation bonds
in an aggregate principal amount not to exceed
$8,000.000.00.
b) TeMp-, Reso. #4243 providing for the issuance of general
.obligation bonds, Series 1986, of the City, awarding the
bonds to the underwriter, setting the bond terms, approving
bond form, providing for the amount of the bonds, author-
izing the execution, delivery and distribution of a final
statement, authorizing the execution and delivery of closing
documents.
SYNQP01S OF ACTION:
APPROVED a) and b).
RESOLUTION NO. R--86-262 PASSED.
RESOLUTION NO. R-86-263 PASSED.
a) Mr. Applegate read Temp. Reso. #4242 by title.
Dennis Haas of Fine, Jacobson, Schwartz, Nash, Block & England,
said they are serving as the City's bond counsel in this trans-
action. He said Council passed this Resolution in substance and
the referendum authorized the issuance of these bonds which have
been validated. He said today Council is restating what was
already done and are providing some minor amendments.
Mr. Haas said the minor amendments are to comply with some proposed
tax law changes and to assure that the permitted investments
definition would comply with City policies. He said there are a
couple of other minor changes that alter the flow of funds which
were preferred by the City's Finance Department. He said there is
also some language that speaks specifically to issuing bonds in
order to finance the City Hall project. He said the subsequent
Resolution that Council will consider today provides even more
specificity for that project.
C/M Stein MOVED APPROVAL of Temp. Reso., #4242, SECONDED by
V/M Stelzer.
C/W Massaro said at one time the City was limited in the amount of
land they had and what could be done; however, they now have the
ability to put the various components of the municipal complex into
one place as it should be. She said when cities have splintered
departments in various places they try to bring them together as
soon as possible for more efficiency. She said the Council should
consider the possibility of combining the various departments
instead of splintering them.
C/W Massaro said she realizes there was a referendum, however, when
this referendum was passed there was no choice in the matter. She
said that situation no longer exists and the cost is simply another
referendum. She said the new City Manager is especially versed in
development and he should be reviewing this and making a
recommendation to this Council.
Yam:
C/W Massaro Nay
V/M Stelzer Aye
C/M Stein Aye
Mayor Hart Aye
b) Mr. Applegate read Temp. Reso. #4243 by title.
C/M Stein said a considerable amount of money was saved due to the
fact that the City decided not to insure these bonds but got a
rating from Moody and Standard & Poor.
21
7/23/86
/pm
C/M Stein said part of this is the escrow of the debt service which
will have to stay there for 20 years. He said they are not going
to do that and have now reduced this from the proposed 6 million
dollars to $5,520,000.00.
C/M Stein said this would allow approximately 2-1/2 million dollars
for the police facility plus what has already been expended for
architectural services. He said the site that is being approved
will be more than sufficient for the City's police station. He
said the bond amounts and interest were verified by the Finance -
Director, the bond counsel and him yesterday and the amount the
City is paying on the term bonds are fully 3/4% less than the
published amount in the Wall Street Journal. He said the amount
published was 8.8% and the term bonds they are talking about will
be 8-1/8%.
C/M Stein explained that these are the term bonds which will be due
October 1, 2006. He said the other bonds are as follows:
1987 - 5-1/2%
1988 - 6%
1989 - 6-1/4%
1990 - 6-1/2%
1991 - 6-3/4%
1992 - 7%
1993 - 7.20%
C/M Stein said the serial bonds will be in the sum of
$1,095,000.00, the term bonds will be in the sum of
$4,425,000.00 and they are redeemable starting in the year 1995 to
2001.
Mr. Haas said in Section 2 of the Resolution that amount should be
$5,520,000.00. He said the underwriters are required to submit a
Disclosure Statement to Council which provides a breakdown of the
costs and fees involved. He said additional Exhibits to this
Resolution, will be the bond form and Schedules 1, 2, 3 and 4. He
said there will also be Exhibit B, which is the Bond Purchase
Agreement, and Exhibit C will be the preliminary Official Statement
and a marked copy of that Preliminary Official Statement, which
becomes the Official Statement.
C/M Stein said in an effort to reduce this, they will not be going
to New York since the closing will be in Miami on 8/4/86. He said
when the funds are received on 8/5/86, they will release the bonds
to the underwriter.
V/M Stelzer asked if the Tamarac residents will be allowed to buy
some of these bonds and C/M Stein said there is a week and a half
in between and Rothschild will allow that. He said the last time
this was done there was an issue raised that the residents should
be allowed to purchase them and only 4 people bought the bonds,
2 of whom were Council people.
*
* C/M Stein MOVED APPROVAL of Temp. Reso. #42.43, SECONDED by
* V/M Stelzer.
Morris Haber, Charter Board member, asked if these bonds were
insured and C/M Stein said no. Mr. Haber asked how much less the
interest would be if they were insured and C/M Stein said it costs
more to insure the bonds. He said they do not have to be insured
since they went on the market at a decent rate.
VOTE:
C/W Massaro Nay
V/M Stelzer Aye
C/M Stein Aye
Mayor Hart Aye
22
7/23/86
/Pm
29. Proposed Capital Expenditures and Sale of City Proper
Temp. Reso. #4224 - Discussion and possible action to place on
the November 4, 1986 ballot the following proposed capital
expenditures and proposal to sell public property:
a) Capital Expenditure #1 - The replacement of six pumping
stations per year for the next five years in
an amount not to exceed $2,000.000.00.
b) Capital Expenditure #2 - Additions to and modifications of
the existing water treatment plant to increase the potable
water quantity, quality and reserve storage capacity in an
amount not to exceed $4,700,000.00 to be expended over a
three year period.
c) Capital Expenditure #3 -- A new Tamarac Utilities West,
Public Works and Engineering Complex to be located in Land
Section 7 contingent upon Tamarac acquiring title to certain
areas of Land Section 7 in an amount not to exceed
$3,150,000.00.
d) Capital Expenditure #4 - The design and construction of
water mains along Nob Hill Road to open up Land Section 7
and a portion of Land Section 8 for development in an amount
not to exceed $1,000,000.00.:
e) Proposed Sale of City Property - The sale of the Public
Works land and building and to apply the proceeds of the
sale to the construction of a new complex located in Land
Section 7 contingent upon Tamarac acquiring title to certain
areas of land in Land Section 7.
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-86-273 PASSED.
Mr. Applegate read Temp. Reso. #4224 by title.
Mayor Hart said these are proposals to go to referendum in
November, 1986.
C/M Stein MOVED APPROVAL of Tem so. 14224, approving a) through
* e), SECONDED by V/M Stelzer.
VOTE:
C/W Massaro Nay
V/M Stelzer Aye
C/M Stein Aye
Mayor Hart Aye
30. Charter Amendment - Section .08 c - Temp.-Or.d_,_
#1277 - Discussion and possible action to place a Charter
Amendment on the November 4, 1986 ballot to allow City funds
not currently needed for public purposes to be invested in
instruments or institutions as authorized by Florida Statutes.
First Reading.
SYNOPSIS OF ACTION:
APPROVED on first reading.
Mr. Applegate read Temp. d 1277 by title.
*
* C/M Stein MOVED APPROVAL of Temp. Qxd. .#1277 on first reading,
* SECONDED by C/W Massaro.
Dr. Alfred Wald, member of the Investment Advisory Committee, said
what has been proposed was previously suggested in 1981 under
Ordinance 81--33, also known as the Disraelly Ordinance, and, in
Section 1, "All funds of the City held by the City which are
suitable for investment may be invested on behalf of the City by
the City Manager or his designated representative. All investments
shall be consistent with the requirements set forth within the
Florida Statutes and may be amended from time to time."
I
23
7/23/86
/pm
Tape 4
Dr. Wald said at the last Council meeting, addition of this Ord-
inance was discussed and, in order to give more strength to the
Charter and give the Council more information of what the City's
money should be invested in, on 2/12/86, Ordinance 86-9 was
approved. He said at that time it was thought that the money of
the City should be invested in U.S. Government backed securities
and the City should not purchase or hold any position in any
corporation, partnership, or other non -governmental business
organization.
Dr. Wald said according to the proposed Ordinance, all that is
being provided is that City funds on deposit not currently needed
for public purposes may be invested in instruments or institutions
as authorized by Florida Statutes. He questioned why the Council
is going back to 1981 standards.
Dr. Wald said he was told the State Government has a State Fund,
which could possibly be one of the investments that the City could
use. He said he feels the City would be placing their money in
something that is not secure.
Vickie Beech, resident, said she agrees with Dr. Wald. She asked
the City Attorney if the City abrogates its responsibility by
adopting this Ordinance and Mr. Applegate said the proposed
revision of this Ordinance was submitted by staff and his only
concern was that the City conform to the law. He said he welcomed
the amendment in that if the City is limited to investments as
authorized by the law, then he has no qualms about it legally.
Ms. Beech said she was impressed with the behavior of the Invest-
ment Advisory Committee and Mr. Applegate said his office will not
get involved in policy decisions unless a legal question arises.
Morris Haber, said he is the former Chairman of the Investment
Advisory Committee and the Charter Board and is now a Charter Board
member. He said he feels the City is going backward with this
Ordinance since the difference in interest does not condone taking
a risk.
C/W Massaro asked the City Attorney what the words, "...in instru-
ments or institutions as authorized by Florida Statutes" mean. She
asked if the money in the State funds is guaranteed by the number
of cities who have investments. She asked if there is a problem,
would all those cities participate in the repayment of that money.
Frank Etheredge, Finance Director, said this Ordinance states that
the Florida State Law spells out what cities can invest their
monies in. He said this is basically what the City Charter states
but it includes the State Pool which is an organization set up for
cities to invest their money in overnight repos and earn a little
higher interest than is possible on the markets that are presently
dealt with.
C/W Massaro asked if that money is guaranteed in any way and
Mr. Etheredge said it is guaranteed by the assets of the fund.
C/W Massaro asked if this is done could a catastrophe like ESM
happen and Mr. Etheredge said the ESM situation could happen
anytime because someone stole the money. C/W Massaro said she is
understanding that this would only enable the City to go into the
State Pool and she asked if this would enable anything else.
Mr. Etheredge said no.
C/W Massaro said the only way an ESM situation could occur is if
someone steals from this Pool and Mr. Etheredge said yes.
24
7/23/86
/pm
C/M Stein said presently Broward County and the Broward County
School Board are in the State Pool. He said at this moment the
difference in interest is 2% and the City is presently earning 5%
on Treasury Notes which would total 7%. He said 2% on a large
amount of money is a good percentage. He noted that the City is
not giving the authority for investments back to the City Manager.
VOTE•
C/W Massaro Nay
V/M Stelzer Aye
C/M Stein Aye
Mayor Hart Aye
31. Charter Amendments - Discussion and possible action regarding
the Order of Judge Garrett on the injunction of Amendments No.
2 and 7 on the March 11, 1986 ballot.
(tabled from 4/23/86) .
SYNOPSIS OF ACTION:
REMOVED from the agenda.
Mr. Applegate said this was on the Pre Agenda listing and he felt a
memo should be prepared from his office explaining that the
temporary injunction did not enjoin the implementation of the
Charter Amendment pertaining to City funds. He said it was only
pertaining to the Pension Board funds.
Mr. Applegate said there have been recent amendments to 175 and 185
of the Florida Statutes pertaining to Police and Firefighter
Pension Funds. He said he spoke with the Attorneys handling the
litigation and, at this point, they are not taking any action until
there is more input and expert opinion as to the effect of the
amendments.
Mr. Applegate said there is no action for Council to take and he
will keep Council advised as the litigation progresses. He said
this should be removed from the agenda and a Motion was not
necessary.
32. Emplovee Retirement_ Plan_ Benefits - Presentation by Peter
Prior, member of the Pension Board. Discussion and possible
action. (tabled from 6/11/86)
SSYNOPSIS OF ACTION:
TABLED to the 9/10/86
Council meeting.
V/M Stelzer said he had extensive discussions with Judy Deutsch and
Peter Prior of the Pension Board and, as Liaison to the Pension
Board, he recommended the following:
That the vesting of the employees be reduced from 15 years to
10 years (costing less than $1,000.00 to the City). He said
there is pending legislation in effect now which will reduce
this to 5 years.
-- General Employees and the Utilities - they want to increase the
contributions from 1-1/4% to 2% (costing the City about
$42,000.00 for 200 people). The employees would have an
increased contribution from 1% to 5%.
- Police - There is an automatic increase from 1.75% to 2%, which
would be effective 10/1/86 anyway. (This would cost the City
$36,000.00 but there will be a State Tax Refund of $50,000.00;
therefore, there is no cost to the City.)
Police - the City is still negotiating with the BSO, therefore,
the City would not like to get involved with discussion of all
the plans but would like to increase this from 1.75% to 2%
25
7/23/86
/pm
- Fire Department - An increase of the contribution from 2-1/2%
to 3% (This will cost the City $37,000.00 with a State refund
of $42,000.00) .
V/M Stelzer said the entire package would cost the City approxi-
mately $43,000.00 and he MOVED APPROVAL of this package.
City Manager Kelly said the Pension Board has given their
recommendations but it has not been reviewed by the Finance
Director or him. He said he understands what has been presented is.
based primarily on 1985 salaries and he wanted an opportunity to
review the actual figures.
C/M Stein MOVED to TABLE this item to the 9/10/86 Council meeting
at which time the City Manager will submit a report, SECONDED
by C/W Massaro.
VOTE:
PUBLIC HEARING
ALL VOTED AYE
21. Sabal Palm Golf Club Inc. -- Rez ning P t'tion #7-Z--86 -
TgMp. Ord. #1275 - Discussion and possible action on a request
to rezone a portion of the lands at the northeast corner of
Commercial Boulevard and Rock Island Road from R4A (Planned
Apartments) to S-1 (Open Space/Recreational) for the
recreational parcel for the Spring House project. Second
Reading.
a) Acceptance of Affidavit of Publication and Affidavit of
Posting.
b) Consideration of application.
SYNOP IS OF ACTION:
a) ACCEPTED Affidavits.
b) APPROVED on second and
final reading with an
effective date no later
than 11/23/86.
Public hearing was held.
ORDINANCE NO. 0-86-41 PASSED.
a) C/M Stein MOVED to ACCEPT the Affidavits of Publication and
Posting, SECONDED by C/W Massaro.
VOTE:
ALh VOTED AYE
b) Mr. Applegate read T d. #1275 by title as revised on 7/21/86.
Mayor Hart opened and closed the public hearing with no response.
Thelma Brown, City Planner, said staff recommends approval only if
the effective date of the Ordinance will be 11/23/86. She said the
reason for this is that the property will not be closed upon until
sometime in November.
C/W Massaro MOVED APPROVAL of T rd. #1275 on second and final
reading, SECONDED by V/M Stelzer.
VOTE:
ALL VOTED AYE
1
26
7/23/86
/pm
COMMUNITY DEVELOPMENT
33.
Municipal Building - City Hall,_ Public_Wgrks, utility
CCo plgX- - Discussion and possible action on:
a) Staff recommendation concerning the appropriate zoning
district for each site.
b) Authorization to staff to initiate rezoning of each site
(tabled from 7/9/86)
,SYNOPSIS OF ACTION:
a) & b) Authorization was
given to staff toproceed
with the rezonings of Tamarac
Utilities Plat #1. City Hall
and Public Works were TABLED.
Bob Jahn, Chief Building Official, referred to his memo of 7/14/86
with his recommendations. He said he prepared a compilation of the
different zonings that might affect this property with the set-
backs, maximum heights, percentage of covering of the lots, and any
special parking requirements. He said he also sent the business
use enumerations from the Code to compare the subject recommenda-
tions. He said he also prepared two maps showing the adjacent
zoning of the lots facing Commercial Blvd., the lots facing Pine
Island Rd. and the one lot at Tamarac Utilities on 61 St.
*
* C/M Stein MOVED ACCEPTANCE of staff's recommendations with
* authorization to initiate rezoning, SECONDED by V/M Stelzer.
C/W Massaro asked why it states "B-l" and then "B-2". Mr. Jahn
said there are two separate parcels and he wanted to differentiate
between them. He said the first two lots, on which the present
City Hall is located, are zoned I-1 presently. He said his
recommendation is to change that to B-2.
C/W Massaro questioned why the B-2 designation is being considered
for this area since it is a residential area with expensive single
family homes. Mr. Jahn said that is his recommendation.
C/W Massaro said this should be postponed long enough to restudy
what is in B-2 zoning. She said perhaps some of the less desirable
things should be taken out so as not to destroy the value of the
homes.
C/W Massaro asked if these proposed changes in zoning requires a
Land Use Amendment and Mr. Jahn said no. He said the change of
zoning must be reported to the County Planning Board but everything
he has recommended does come within the 5% flexibility zone. C/W
Massaro asked if this would have to go before the County Commission
and Mr. Jahn said no.
C/W Massaro asked if the County Planning Board meets during the
month of August and Thelma Brown, the City Planner, said the Land
Use Plan Amendment that is normally allowed to go forward to the
County is one that falls within a 5% flexibility rule. She said,
however, the City must change the Land Use Element to indicate the
acreage changed anytime the 5% flexibility rule is used. She said
the City Planning Authority, the LPA, would have to review it
first, then the City Council and then it would be transmitted to
Broward County to be held there until the City amends its Land Use
Element. She said it would become effective after the City Council
approves it.
C/W Massaro asked how long all of this takes and Ms. Brown said a
final.package would be submitted at the next occasion when an
Amendment change must be done in March or April of 1987. She said
it would become effective, however, after being passed by the City
Council using the 5% flexibility rule. She said the B-2 zoning
recommendation has been recommended, however, when filing for a
Land Use Plan Amendment and the flexibility rule is used, it simply
states "Commercial". She said this is not being adopted by Broward
County to allow the uses under B-2, it would be a local zoning.
27
7/23/86
/pm
Mr. Jahn said for clarification, the Council is not adopting the
zoning now but is merely proceeding forward with the advertisement
and the establishment of a public hearing, at which time it will
come back to Council in September. He said the steps in his
recommendation must be done preceding any of those actions.
City Manager Kelly said the City is proposing to build a Public
Works building with a City Hall elsewhere; therefore, this building
will be disposed of. He said there does not appear to be an
urgency to rezone this to make the sale.
C/M Stein said that is not correct since the purpose of this is,to
establish zoning and restrictions can be put in. He said there are
people who are willing to put up earnest money to guarantee the
purchase of this land at this moment. He said the building cannot
be sold unless it is rezoned and, if the building is sold,
negotiations can be held based upon the buyer taking title 18
months from now. He said that is the purpose of doing this now.
City Manager Kelly said the B-2 zoning is less restrictive than a
B-6 zoning, which he felt would be more appropriate. He said he is
concerned about the propriety of selling off land and downgrading
the zoning to a less restrictive zone and he questioned whether
this would be compromising.
C/M Stein said Council would be following the suggestions of the
appraiser regarding the best use for this property. He said he
would be happy to only allow B-2 uses that would be compatible.
C/W Massaro said the City Attorney should research whether a
certain zoning can be adopted but then restricted. She said unless
the B-2 classification is amended eliminating some of those
undesirable uses, that cannot be done. Mr. Applegate said if the
City Manager has a problem with the Council taking action today,
then perhaps this should be removed so that the City Manager's
office has time to study it.
Mr. Applegate said he would not be concerned about any offers that
have been received on the property because when the time comes to
sell the property, Section 2-9 of the Code regarding disposition of
City property must be followed carefully. City Manager Kelly
suggested this item be Tabled.
Mr. Jahn said Tamarac Utilities Plat 1, Parcel A, is presently
zoned B-1 and, in order to properly install the pumping station and
the setbacks, he recommended authorization be given for advertising
of the public hearing.
*
* C/M Stein WITHDREW his previous MOTION and V/M Stelzer, as the
* SECOND, agreed.
*
* b) C/W Massaro MOVED that authorization be given to staff to initiate
* rezoning of Tamarac Utilities Plat 1, Parcel A, to be zoned I-1,
* SECONDED by C/M Stein.
VOTE: ALL VOTED AYE
*
* Mr. Applegate said there should be a MOTION to TABLE the other
* studies until further research is done by staff. V/M Stelzer so
* MOVED, SECONDED by C/W Massaro.
VOTE: ALL VOTED AYE
28
7/23/86
/pm
LEGAL AFFAIRS
49. Land Section 7 -- Agreement to purchase 45 acres -
Authorization to cancel - Tgmp,gPso_,#_4246 - Discussion and
possible action.
SYNOPEIE OF ACTI RESOLUTION NO. R-86-280 PASSED.
Agendized by Consent and
APPROVED as conditioned.
*
* C/M Stein MOVED to Agendize this item by Consent, SECONDED by
* V/M Stelzer.
VOTE: ALL VOTED AYE
Mr. Applegate read Temp. Reso. #4246 by title.
*
* C/M Stein MOVED APPROVAL of Temp. peso. #4246, SECONDED by
* V/M Stelzer.
Tape 5
C/M Stein said he was authorized by -Mayor Hart to work with Alan
Ruf, Consulting City Attorney, to contact Leadership Housing in
reference to the land in Land Section 7. He said there has always
been a question as to the legality of the purchase of 45 acres in
Land Section 7 since the purchase entailed almost $900,000.00 and
the City never went to referendum except as part of the wastewater
treatment plant.
C/M Stein said since the restrictive covenant prohibited having a
treatment plant on this site and since at the time the contract was
executed the City had changed to deep well irrigation, this only
required 1-1/2 to 2 acres of land. He said there was a question
of having 45 acres used for any other purpose without such a
referendum. He said the money and the deed were being held in
escrow by the Consulting City Attorney.
C/M Stein said he met with Leadership Housing to discuss his
feeling about the use of the land and he requested a voluntary
contribution of the 15 acres that were necessary to have the Public
Works and Engineering Building there. He said the Resolution
before Council today authorizes the Consulting City Attorney to
cancel the purchase of the 45 acres and receive the refund of
approximately $827,246.50 plus over $40,000.00 in interest.
C/M Stein said Leadership Housing has agreed to dedicate 15 acres
of land as the Engineering Department has requested and the City
will only pay for the use of the sludge farm over the years. He
said they are now asking for $50,000.00 until December, 1987.
V/M Stelzer asked if there was an unrestricted deed on the 15 acres
of land and C/M Stein said it does not so stipulate but should not
be a problem.
C/W Massaro said the City has paid them $150,000.00 and was charged
back $35,000.00 for the use of the sludge farm. She said the City
must pay another $50,000.00 and has already paid $115,000.00 to
them totalling $165,000.00 with an additional amount for interest.
She said in addition, the contract on the sludge farm expires
before the City is ready to abandon it; therefore, the City will
have to pay more money for rental of the sludge farm.
C/W Massaro said the City has the requirement to give Leadership
first right of refusal at $20,000.00 per acre, which is the
approximate amount the City paid. She said if Leadership does not
want this then the City can sell it for much more and she question-
ed why there was such a hurry about this. She questioned if any
discussions were held with the City Manager regarding this and
Mr. Kelly said yes.
\/
29
7/23/86
/pm
Mayor Hart said the Resolution authorizes the Consulting City
Attorney to reopen negotiations with the Attorney to secure the
property for the City at no cost. He said when negotiations are
completed and an Agreement is drafted, the City Council, City
Manager and City Attorney can approve it.
C/W Massaro asked the City Attorney if the City is binding itself
to anything else with this and Mr. Applegate said no.
Alan Ruf, Consulting City Attorney, said all this Resolution states
is that they must come before Council again in September with a new
proposal. He said he is still holding the 45 acre deed and the
amount of approximately $800,000.00 in escrow and, if Council does
not approve an Agreement in September, he will record the 45 acres
and give them the money. He said he needed some direction from
Council on how to proceed.
C/W Massaro said this was held in escrow because the title needed
to be cleared and she questioned if this was done. Mr. Ruf said it
has not all been completely accomplished but he could record the
deed with very minor problems with the title.
C/W Massaro said she wanted to see the City Manager and City
Attorney involved and Mr. Applegate said Alan Ruf and he have
worked closely together on this and he concurs with his opinion.
VOTE: ALL VOTED AYE
COMMUNITY DEVELOPMENT
34. Tamarac Medical Office Building - Discussion and possible
action on:
a) Site Plan - Temp. Reso. #4209
b) Plat - Temp. Reso. #4210
c) Landscape Plan
d) Water and Sewer Developers Agreement
e) Water Retention Agreement
f) Public Safety Ingress/Egress Easement - Temp. Rgso.
#4232
(to be located on the west side of University Drive between
NW 71 Court and NW 78 Street, north and west of University
Community Hospital) (tabled from 6/25/86)
SYNOPSIS OF ACTION: RESOLUTION NO. R-86-274 PASSED.
APPROVED a) through f) RESOLUTION NO. R-86-275 PASSED.
RESOLUTION NO. R-86-276 PASSED.
a) Mr. Applegate read Temp. Reso. #4209 by title.
*
* V/M Stelzer said this item was Tabled because there was no signa-
ture on the Water and Sewer Developers Agreement. He said staff
* recommends approval and he MOVED APPROVAL, of Tgpp. Reso. #4209,
* SECONDED by C/M Stein.
C/W Massaro asked if there are any conditions on this site plan and
Thelma Brown, City Planner, said there were conditions of the
Planning Commission regarding the landscaping, platting and the
overall site plan and those items have been corrected.
TE: ALL V TED AYE
b) Mr. Applegate read Temp. Reso. #4210 by title.
*
* V/M Stelzer MOVED APPROVAL of Temp. Reso. #4210 approving the plat,
* SECONDED by C/M Stein.
VOTE:
ALL VOTED AYE
30
7/23/86
/pm
1i
c) V/M Stelzer MOVED APPROVAL of the Landscape Plan, SECONDED by
C/W Massaro.
YOTEE:
ALL VOTED__AYE
d) V/M Stelzer MOVED APPROVAL of the Water and Sewer Developers
Agreement, SECONDED by C/M Stein.
C/W Massaro asked what the problem was with this and Ms. Brown said
there was a signature needed but that has been done. Mr. Applegate
said Council can be sure he would not allow Council to consider a
matter if those signatures had not,been corrected.
VOTE:
ALL VOTED AYE
e) V/M Stelzer MOVED APPROVAL of the Water Retention Agreement,
SECONDED by C/M Stein.
Yam:
ALL VOTED. AYE
f) Mr. Applegate read Temp. Reso. #4232 by title.
C/M Stein MOVED APPROVAL of Temp. pesos #4232 approving the Public
Safety Ingress/Egress Easement, SECONDED by V/M Stelzer.
TE:
ALL VOTED AYE
35. The Landings on Cypress Greens (formerly Patio Homes at
Fairmont -- Discussion and possible action on:
a) Revised site plan reflecting a revised concept -
Temp. Reso. #4233.
b) Renewal of model sales permit for Units 1 - 4
SYNOPSIS OF ACTION: RESOLUTION NO. R-86-277 PASSED.
a) APPROVED
b) APPROVED for 6 months
and to expire 2/15/87.
a) Mr. Applegate read Temp. Reso. #4233 by title.
V/M Stelzer MOVED APPROVAL of Temp. Reso. #4233, SECONDED by
C/W Massaro.
Tom( TE:
ALL VOTED AYE
b) V/M Stelzer MOVED APPROVAL of renewal of the model sales permit for
Units 1 -- 4, SECONDED by C/M Stein.
Yam:
ALL VOTED AYE
36. Menarch Carpet & Drapery Cleaning - Revised Site Plan -
Temp. Reso. #4234 - Discussion and possible action on a revised
site plan reflecting addition of a boiler room adjacent to the
existing building at 5501 NW 22 Avenue.
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-86-278 PASSED.
Mr. Applegate read Temp. Reso. #4234 by title.
V/M Stelzer. MOVED APPROVAL of Temp. R so #4234, SECONDED by
C/M Stein.
ti
31
7/23/86
/pm
C/W Massaro said on the 7/7/86 report of the Planning Commission's
actions, they had certain conditions they recommended because this
is a boiler room. She said those conditions included a fire
protection system and no material stored in this room. She said
another condition concerned execution of a proper Hold Harmless
Agreement.
Bob Jahn, Chief Building Official, said the Planning Commission, in
some instances invaded the area of the South Florida Building Code
and they should not have done that. He said the items that needed
to be corrected that were within the purview of those recommenda-
tions have been done.
C/W Massaro questioned whether they would be unable to store
materials in that area and Mr. Jahn said the South Florida Building
Code already prohibits that.
VOTE•
ALL VOTED AYE
37. Water Place - Discussion and possible action on:
a) Site Plan - Tgmpp. Reso. #4235
b) Landscape Plan
c) Water and Sewer Developers Agreement
d) Drainage Easement -- Temp. Reso. #4236
e) Access Road Easement - Temp. Reso. #4237
f) Public Safety Ingress/Egress Easement - Temp. Reso. #4238
(to be located at the southeast corner of NW 80 Avenue and
NW 78 Street).
SYNOPSIS OF ACTION:
TABLED for review by the
Planning Commission.
Mr. Applegate read Temp. _Reso. .#4235 by title.
Thelma Brown, City Planner, said the developer submitted the
following checks:
$107,834.00 -- CIAC Charges
28,800.00
750.00 - ERC Review Fee
Ms. Brown said a check in the amount of $30,400.00 was submitted
yesterday and was incorrect; therefore, it was returned to the
developer.
C/M Stein said he understands there were some changes made on the
site plan pertaining to the road and Ms. Brown said that is
correct. She said the Planning Commission recommended this site
plan be returned to them to review the change of the entrance
because they did not have the opportunity to review it during their
public meeting.
C/M Stein MOVED to TABLE this item for review by the Planning
Commission. SECONDED by C/W Massaro.
VOTE:
ALL VOTED AYE
Ms. Brown said the developer requested that if this item is Tabled
his checks be returned to him and Council members agreed.
38. Woodmont Tract_ 72-C_(Plnsapple Park) - Discussion and possible
action on:
a) Renewal of a model sales permit and waiver of the 300-foot
distance requirement for issuance of certificates of
occupancy
b) Renewal of a waiver to the sign ordinance for a temporary
announcing sign on property other than their own -- Temp.
Reso. #4228
c) Release of performance Letter of Credit No. 477 in the
amount of $83,067.50 subject to receipt of a one-year
warranty bond in the amount of $21,298.00 -- Temp. Reso.
#4229
1
32
7/23/86
/pm
38. Woodmont Tract 2- (Pineapple Park) -- Cont'd.
d) Acceptance of the Bill of Sale for the water distribution
and sewage collection system improvements - Temps Rego.
#4230
SYNOPSIS OF ACTION2
a) and b) REMOVED at the
request of the developer.
(See Page 4).
c) and d) APPROVED.
RESOLUTION NO. R-86-279 PASSED.
RESOLUTION NO. R-86-280 PASSED.
Mayor Hart noted that both a) and b) have been removed from the
agenda previously.
c) Mr. Applegate read Temp. Reso. #4229 by title.
*
* V/M Stelzer MOVED APPROVAL of Temp. Reso. #4229, SECONDED by
* C/W Massaro.
VOTE: ALL VOTED AYE
d) Mr. Applegate read Temp. Reso. #4230 by title.
*
* V/M Stelzer MOVED APPROVAL of Temp. Reso. #4230, SECONDED by
* C/M Stein.
VOTE: ALL VOTED AYE
39. Lake Colony/BroQkwQod Gardens - Model Sales Facility_ -
Discussion and possible action on:
a) Renewal of model sales permit - Units 30 - 32
b) Waiver of the 300-foot distance requirement for issuance of
certificate of occupancy.
SY OP I OF ACTION:
APPROVED a) and b).
*
* a) V/M Stelzer MOVED APPROVAL of renewal of the model sales permit,
* SECONDED by C/M Stein.
VOTE: ALL VOTED AYE
*
* b) C/W Massaro MOVED APPROVAL of the waiver, SECONDED by V/M Stelzer.
VOTE: ALL VOTED AYE
40. Green Thumb Lawn & Ga den Center Inc. - Sign Waiver -
Temp. Reso. #4241 - 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:
TABLED to the 9/10/86
Council meeting.
Mr. Applegate read Temp. Reso. #4241 by title.
C/W Massaro said this should be Tabled to the 9/10/86 Council
* meeting because they have not received updated permission from
* Causeway Lumber for this sign to remain on their property.
*
* C/W Massaro so MOVED, SECONDED by C/M Stein.
VOTE: ALL VOTED AYE
33
7/23/86
/pm
TAMARAC UTILITIES
44. Authorization for staff to solicit bids for the purchase
of a diesel n 'n driven pumip fgr-loading, transport
and unloading f Mste sewage sludge - Discussion and possible
action.
SYNOPSIS OF ACTION: Agendized by Consent on Page 2
APPROVED.
C/W Massaro MOVED APPROVAL, SECONDED by V/M Stelzer.
VOTE: ALL VOTED AYE
GENERAL ADMINISTRATIVE FI ANCIAL
45. Charter Amendment to Section 7. 3 t c n 1- 2% t
2-1 2% -- Temp. Ord. #1282 - Discussion and possible action.
SYNOPSIS OF'_ACTION: Agendized by Consent on Page 2
APPROVED on first reading.
Mr. Applegate read Temp. d. 1282 by title.
V/M Stelzer said several years ago there was a 2-1/2% limitation
which was changed to 1-1/2%. He said the Finance Department has
found that 1-1/2% is insufficient and they are requesting this
change by the electorate.
V/M Stelzer MOVED APPROVAL of Temp. Ord. #1282 on first reading,
SECONDED by C/M Stein.
C/W Massaro said this was changed because the reasoning at that
time was that with the increase in the budget the money would
automatically be increased.
VOTE: ALL VOTED AYE
BOARD AND COMMITTEES
46. Confirmat' o f Plann'n Commigsion appointment gf--a-_Regular
MpMber - Discussion and possible action.
,9YNQPSTS_OF ACTION: Agendized by Consent on Page 2
No action was taken on Planning
Commission Chairman's
appointment of Daniel Cantor
as a regular member. This
was referred to the City
Attorney.
C/M Stein said the Chairman of the Planning Commission appointed
alternate member Daniel Cantor as a regular member for the rest of
this term filling the vacancy created by the resignation of
Florence Bochenek. He MOVED to APPROVE this action, SECONDED by
V/M Stelzer.
C/W Massaro said she feels this should not be on the agenda since
Council was not given the opportunity to decide whether this
appointment is proper.
Mayor Hart noted that alternate members Hank Meyers and Gus Frost
were offered the position and did not want it.
Melanie Reynolds, resident, said she understood there was no action
taken but because of Mrs. Bochenek's absence they asked the
alternate member to take the place on the dais.
34
7/23/86
/pm
Ms. Reynolds said it is Council's right to appoint someone to the
Commission. Mayor Hart said it was because of Mrs. Bochenek's
resignation and Council is now taking action confirming that
appointment.
Mr. Applegate said he feels no action is required at this time
until he comes back with a report.
GENERAL ADMINISTRATIVE/FINANCIAL
47..Presentation of Udget-by Finance Director - Discussion and
possible action.
SYNOPSIS OF ACTION: Agendized by Consent on Page 2
The Finance Director presented
copies of the budget to Council.
Frank Etheredge, Finance Director, officially presented Council
with copies of the budget.
COMMUNITY DEVELOPMENT
48. 2rQposed onvention Center at Sawgrass Industrial Park -
Temp. Resq. #4245 - Discussion and possible action.
SYNOPSIS OF ACTION: RESOLUTION NO. R-86-281 PASSED.
Agendized by Consent on Page 3
APPROVED endorsing the 38
acre Sawgrass Industrial Park
as a site for a major Convention Center.
Mr. Kelly read Temp. Reso. #4245 in its entirety.
V/M Stelzer said for the public that the Sawgrass Industrial Park
is the old Visual Graphics. City Manager Kelly said he was
contacted by the owners of the property trying to determine whether
or not the City would be supportive of their efforts to do this.
He said he contacted the representative of the Tourist Development
Council and advised him of the City's offer and he has agreed to
review the site.
*
* C/W Massaro said this is a pleasant surprise and she MOVED to
* APPROVE Temp. Reso. #4245, SECONDED by C/M Stein.
VOTE: ALL VOTED AYE
REPORTS
41. City Council Reports -
C/W Massaro - No report.
C M Stein - No report.
M Stglzer - No report.
Mayor Hart noted that the next Council meeting on 9/10/86 is
scheduled for the evening. He said it will start at 1:00 p.m. and
recess for dinner reconvening at 7:00 p.m. He said there will be a
half hour for public input on any matter they so desire that is not
on the agenda. He urged as many people as possible attend these
evening meetings.
Mayor Hart said he and Council were concerned with the recent
Government dropping of General Revenue Sharing which means that the
City will lose approximately $300,000.00. He said he wrote to
Lawton Chiles in the name of the Council giving Council's concern
and Mr. Chile's replied he has received many calls on this.
V/
35
7/23/86
/pm
Tape 6
42. City Manager Report -
Mr. Kelly said in lieu of the resignation of Fire Chief Bernie
Simon, Ray Briant, the Assistant Fire Chief, will assume the
responsibility as Acting Fire Chief and will be representing that
department during the Budget Workshops.
43. City Attorney Report -
Mr. Applegate said if Council asks a question during the Council
meeting that he does not know the answer to he will not make one
up. He requested that when Council reviews the agenda, if there is
a question, it should be submitted to him before the meeting so
that he has time to research it.
C/W Massaro suggested that nothing come to Council without the
minutes of the Planning Commission for their recommendations.
V/M Stelzer said Council does not get the minutes until later but
does receive the Planning Commission's action reports.
Mr. Applegate said he and the City Manager are going to work hard
to see what can be done about streamlining the process of backup.
C/W Massaro said the minutes give a better picture of all the
action.
C/W Massaro said the Planning Commission meets the week before the
Council meetings and an item should not be put on the Council
agenda unless the minutes are available for Council's review.
Mayor Hart adjourned the meetin at 1:00 p.m.
rT AA/
Bernard karf
MAYOR
TTEST:
Marilyn B tholf
CITY CLERK
This public document was promulgated at a cost of $269.78 or
$7.49 per copy to inform the general public and public officers and
employees about recent opinions and considerations by the City
Council of the City of Tamarac.
CITY 4F TAM"AC
APPROVED AT MEETING OF
Cfiy Clerk
F�l
1
36
7/23/86
/pm
Date: I / ��
7 23 86 Council Agenda - item 18 -
ATTACHMENT 1 - Page 1 of 5 r Building and Community Development Depts.- Budget Transfers
BUDGET AMEM �rrr
15774f• from line item account
I move that S
0 of the budget
numbsmed
na
Ld ,
be transferred to line item account number
named •
The balance in the account from which the monies are
Prior to the transfer and
transferred was $ � � The punt
S JLAI �. Subsequent to the transfer.
money in the account to which the monies are to be
of transfer
transferred was $
�9�_ prior to the
• a2 subsequent to the transfer.
and S
0
ATTACHMENT 7 - Page 2 of 5 -
7/23/86 Council Agenda - item 18 _ Date: --
Building and Community Development Depts.-Budget Transfers
BTnE T ANT
I move that $ c 4 _ from line item account
Of the budget named
be transferred to line item account number
named
The dance in the account from which the monies are
transferred was S-11.yC6 9/
prior to the transfer and
`t- subsequent to the transfer. The amount
Of money in the account to which the monies are to be
transferred was $ 'S
prior to the transfer
and S ia7 subsequent to the transfer.
0
W �
Date:
7 23 86 Council Agenda - Item18 pment Depts.-Budget Transfer
ATTACHMENT 1 -Page 3 of 6.- Building and Community
9 B, - ET �T
from line item account
X move that S
GrG
numiberof the budget named 7
Off
be transferred to line item account number
/-2 _ � _
nam
are
The balance in the account from which the monies transfer and
prior to the
transferred was S
$ a!J.yLb subsequent to the transfer. The amount
of money in the account to which the monies are to be
i was $ n
�3w prior to the tra
transferred
sfer
subsequent to the transfer.
and
I
0
Date: 7 f5
ATTACHMENT 1 - Page 4 of 5 - 7/23/$6 Council agenda - Item 18 -
Building and Community Development.Depts.-Budget Transfer
BUDGET At! 'l MENT
I move that from line item account
number 1'9191 of the budget named
be transferred to line item account number ® - d-27Ysa44- 6/ '
named 25i,4�
The balance " the account from which the monies are
transferred was S a 7/ prior to the transfer and
subsequent to the transfer. The amount
Of money in the account to which the monies are to be
transferred was $� _ prior to the transfer
and $ /r®subsequent to the transfer. •
Date:
ATTACHMENT l - Page 5 of-5 - 7/23/86 Council Agenda - Item 18 -
Bui-lding and Community Development Depts. - Budget Transfer
a
BUDGET AMENDMENT
I move that S �� 3�D from line item Account
number OP / F;j2-LgL'7oj of the budget named
be transferred to line item account number mm/tea -
il
�X6�
named
The balance in the account from which the monies are
transferred was prior to the transfer and
$,Y�(J 71 - subsequent to the transfer. The amount
of money in the account to which the monies are to be
transferred was prior to the transfer
and S s subsequent to the transfer.
r
FL
V