HomeMy WebLinkAbout1984-07-26 - City Commission Regular Meeting MinutesCITY OF TAMARAC, FLORIDA
RECONVENED CITY COUNCIL MEETING
July 26, 1984
(from 7/25/84)
Tape 1 CALL MORDER: Mayor Kravitz called the meeting to order at 9:00
A.M. on Thursday, July 260 1984 in the Council Chambers.
ROLL CALL: PRESENT: Mayor Philip B. Kravitz
Vice Mayor Sydney M. Stein
Councilman Raymond J. Munitz
Councilman John J. Dunne
ABSENT AND B_=.5,B.D: Councilman Jack Stelzer
AUD PRESENT: Steve Wood, Acting City Manager
Jon M. Henning, City Attorney
Carol A. Evans, Assistant City Clerk
Patricia Marcurio, Secretary
64. Discussion and
possible action.
SYNQFSIS OF A T : Agendized by Consent.
(See Page 10).
Mayor Kravitz requested Council Agendize by Consent announcement
of vacancies on the Welcoming Committee and C/M Munitz so MOVED,
SECONDED by V/M Stein.
VOTE: ALL VOTED AYE
65. Reconsiderati02►__0f_ Appp. lntilig_ eln�ie _ to_. tie_ 1,a�1_.��visory
('gmmittee - Discussion and possible action.
�� ACTION: Agendized by Consent (See Pages 10 & 11).
(See also Item 3 of 7/25/84 Minutes, Pages 4 & 5).
Mayor Kravitz requested Council Agendize by Consent reconsidera-
tion of appointments to the Law Advisory Committee as was discuss-
ed at yesterday's meeting. V/M Stein so MOVED, SECONDED
by C/M Dunne.
_VQ_TF : AL_1 .-VQTE_D AYE
66. Reco�deat o�__Q_ ApPolitr�_ l�inber_ to_ tie Recreate
Board - Discussion and possible action.
MYNOTBIB ,QF ACTION: Agendized by Consent (See Page 11) .
(See also Item 4 of 7/25/84 Minutes, Page 4).
V/M Stein MOVED to Agendize by Consent an additional appointment
to the Recreation Board, SECONDED by C/M Munitz.
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67. Force Main to Turnpike or Sludge Farm Grants - Discussion
and possible action.
SXNOPSIS OF ACTION: Agendized by Consent.
(See Pages 11 & 12).
V/M Stein said he received good news that some cities have dropped
out of eligibility for receiving small City grants and Tamarac may
now be eligible. He said presently, Tony Nolan of Williams,
Hatfield & Stoner, does not know which one and it could be either
the force main under the turnpike or the sludge farm. He said the
City is now in a hiatus period and he asked Mr. Henning whether
Montgomery was hired to give a second look and Mr. Henning was
uncertain.
V/M Stein MOVED to Agendize by Consent discussion and possible
action concerning this item, SECONDED by C/M Dunne.
ATE: ALL VOTED AYE.
COMMUNITY_ -DEVELOPMENT
40. Tamagac Park Shopping Center - Discussion and possible
action on:
a) Site Plan - Temp. Reso. #3251
b) Plat - Temp. Resg, #3252
c) Landscape Plan
d) Water and Sewer Developers Agreement
e) Drainage Retention Agreement
(to be located on the west side of University Drive, south
and east of Tamarac City Park).
(See Pages 36 & 37:in 7/25 Minutes)
a) APPROVED with conditions at 7/25
meeting.
b) APPROVED at 7/25 meeting.
c) APPROVED with a waiver to the 20-foot
wide setback for berm, allowing a 10-foot
setback instead, 3-feet in height.
d) APPROVED with submission of a reduced copy
of the site plan as Exhibit C.
e) APPROVED.
c) Richard Rubin said the Landscape Plan is designed according to
Code and staff recommended approval.
V/M Stein MOVED APPROVAL, SECONDED by C/M Dunne.
Mr. Rubin said City Ordinances require that on every major
arterial road, there should be a 20-foot wide and 3-foot high
setback with a berm in the front. He said they do allow one
exception with the City's approval which reduces it to 10--feet in
width if there is a wall behind the 10--foot area which would act
like a retaining wall. He said the applicant in this case has
requested Council's approval of this exception and staff has no
objections.
V/M Stein amended his MOTION APPROVING this as recommended by the
City Planner, SECONDED by C/M Dunne.
d) Mr. Henning said
he requested Mr.
plan for parking
the agreement has been submitted and signed and
Loeffler submit a reduction of the revised site
as Exhibit C.
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7/26/84
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V/M Stein MOVED APPROVAL of the Water and Sewer Developers Agree-
ment providing that the applicant submit a reduced plan to the
City Attorney, SECONDED by C/M Munitz.
e) Mr. Henning said this has been submitted, executed and he re-
commended approval.
V/M Stein MOVED APPROVAL of the Drainage Retention Agreement,
SECONDED by C/M Munitz.
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The following fees were submitted at the meeting:
$5,470.50 -- Drainage Retention
406.38 - Drainage Improvements
7,650.00 - Water and Sewer
41. All Saints ,,,,,,,j; UJ;heran Sj rch - Discussion and possible action
on:
a) Site Plan -
b) Plat - gip_._ Res_o_._ 43254
c) Landscape Plan
d) Water and Sewer Developers Agreement
(to be located on the north side of McNab Road, east of Wood-
mont Plaza, between NW 80 Avenue and University Drive).
S.MESIS OF ACTION:
a) , c) and d) TABLED to the 9/12/84
meeting.
b) APPROVED with the addition of an
easement for a 7-foot sidewalk.
RESOLUTION NO. R-84- vZ 441 PASSED.
a) Tom Liebchen, Architect from Schweizer Associates, representing
c) All Saints Lutheran Church, said the Church is in the process of
& raising funds and selling their existing property on University
d) Dr. He said, at this time, they cannot afford to pay the fees
due of approximately $3,800 and he requested a delay of payment
until 10/1/84 or when they pull their first building permit.
V/M Stein said he spoke with Mr. Liebchen on this matter before
and he sent Council a cover letter on this.
Mr. Henning said apparently the plat is most urgent and, since
there are no fees due on the plat, Council could act on that to-
day. Mr. Liebchen requested Council table the other portions of
the item.until the next regular Council meeting.
C/M Munitz MOVED to TABLE the a), c) and d) portions of this item
to the 9/12/84 meeting, SECONDED by V/M Stein.
b) Mr. Henning read by title.
Mr. Rubin said this will be an asset to the community and staff
recommends approval with the condition that an additional easement
be placed there for a 7-foot sidewalk.
V/M Stein MOVED APPROVAL of Temp. Rego. #3254, SECONDED by
C/M Dunne.
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42. woo 1andg RAv..Sgool - Discussion and possible action on:
a) Site Plan - .Temp._ E.Pag, 43214
b) Landscape Plan
c) Water and Sewer Developers Agreement
d) Water Retention Agreement
e) Canal Maintenance Easement
(to be located on the east side of NW 70 Avenue, just south
of the residential/commercial building) (tabled from 7/11/84)
_SYNOPSIS OF ACTION: RESOLUTION NO. R-84- Ajo $ PASSED.
a) and c) APPROVED as amended, RESOLUTION NO. R-84- 24tl& PASSED.
b) , d) and e) APPROVED.
a) Mr. Henning read by title.
Mr. Rubin said Woodlands Day School has been working with the City
for over a year to obtain approval.
Richard Rubin said they first needed Special Exception from
Council to provide a nursery school at this location and a
variance was needed because the lot size was smaller than
permitted by Code. He said it is now ready for final site plan
approval since this property is platted and is adjacent to the
200-unit development called Tamarac Pointe. He said staff
recommends approval with the following conditions:
1. It has been determined that, because the property is so
narrow, the only place for a sidewalk would be on the west
side of the road and Tamarac Pointe will build that sidewalk.
2. The various agreements must be approved plus a 20-foot canal
maintenance easement.
V/M Stein MOVED APPROVAL of as amended, SECONDED
by C/M Dunne.
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b) Mr. Rubin said this conforms with Code and staff recommends ap-
proval.
V/M Stein MOVED APPROVAL of the Landscape Plan, SECONDED by
C/M Munitz.
c) V/M Stein MOVED APPROVAL of the Water and Sewer Developers Agree-
ment, SECONDED by C/M Dunne. Mr. Henning said it should be noted
that the Residential designation should be stricken since this is
all Commercial use. V/M Stein amended his MOTION to state APPROV-
ED as amended, and C/M Dunne agreed.
VOTE:
d) Mr. Henning said the Water Retention Agreement has been executed
and he recommended approval. V/M Stein so MOVED, SECONDED by
C/M Munitz.
e) Mr. Henning read Temp. Rego. #321.5 by title.
Mr. Henning said this development will be building a seawall be-
cause there is an existing seawall to the south as recommended by
the Engineer. He recommended approval of this Canal Main-
tenance Easement.
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V/M Stein MOVED APPROVAL of Temp. Reno. #3215, SECONDED by
C/M Munitz.
The following fees were submitted at the meeting:
$3,825.00 - CIAC Charges
1,050.00 - Drainage Retention Fee
78.00 - Drainage Improvement Fee
43. Laker, of Carriage HillsZCaj,,j, j,g,rn,,jg Federal Savings & Loan -
ture and _.aDolic ti-on-fox temporary comme,rg.ial stlucture --
Discussion and possible action on:
a) Site Plan - JgMp.. Rego. #3225
b) Temporary waiver of platting process - Tip_._ Reso._#3224
c) Landscape Plan
d) Easement and Option Agreement -
e) Sewer Developers Agreement (Water service from Broadview
Utilities).
RESOLUTION NO. R--84-,.Zz/g PASSED.
a) , b) , c) and d) APPROVED RESOLUTION NO. R-84-,Z �49 PASSED.
as amended. RESOLUTION NO. R-84-..,50 PASSED.
e) Discussed and held until
later in the day.
(See Pages 6, 7 & 8).
a) Mr. Henning said there was a delay in distributing Temp. Reso.
#3225 since there is a temporary structure and Council will be
approving a site plan as opposed to the full development order.
He said some of the forms had to be retyped and it is essentially
the same as others that have been used. He read Temo.__Reso.
13225 by title and said both temporary structures appear on the
same site plan.
Richard Rubin said the site plan complies with the minimum stan-
dards of the Code for a final site plan. He said.the applicant
has stated that the temporary structures will not be there more
than 18 months and he requested this stipulation be included in
the approval which he said staff recommends. He said the normal
process is submittal of a Site Plan, a Plat and a Drainage
Improvement Fee. He said the Plat is being processed now through
the City and should be before Council in September. He said at
that time the improvement fees and agreements are required and
staff is asking Council to waive this requirement at this time and
allow them to bring the fees in September. He said if it is not
brought in September than the approval could state that the site
plan would be voided.
Mr. Henning said in Section 1, Paragraph D, the following should
be inserted:
"1. The California Savings & Loan temporary structure will not
remain more than 18 months, with no further renewals after
that time.
2. The Drainage Improvement Fees and the Water. Retention Fees
are waived until the time of plat approval which shall be no
longer than 90 days."
V/M Stein MOVED APPROVAL of as amended, SECONDED
by C/M Munitz.
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7/26/84
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b) Mr. Henning read Temp. Reso. #3224 by title.
Glenn Smith, representing the applicant, asked if the time of 90
days was to have the plat approved by the City and Council said
yes.
Mr. Henning said there are two amendments on this Resolution, in
Section 3 A. Line 10, it should read, "for permanent buildngs" and
he said an E portion should be added to Section 3 which would
read, "Drainage improvement fees and drainage retention fees are
waived until plat approval or ninety days, whichever occurs
first".
V/M Stein MOVED APPROVAL of Temp. Reso. _#3224 as amended, SECONDED
by C/M Dunne.
yOTE : ALL_ VOTED AYE
c) Mr. Rubin said the Landscape Plan was reviewed by the Beautifica-
tion Committee and they approved it with several conditions with
only one item left to be resolved. Richard Rubin said in order
for this applicant to work out this rezoning with the neighbors,
he agreed to put the wall in the rear 10-foot onto his property.
He said in the agreement, it also said the trees should be placed
on the neighbors side of the wall and staff recommended that every
third tree should be placed on the commercial side. Mr. Rubin
said the applicant has no objection; however, since Council
initially required this on one side, they would want Council's
authorization to change it. V/M Stein expressed concern that the
neighbors might object and the applicant would say Council
authorized it. Mr. Rubin said this problem could be salved by
adding one extra tree every 100-feet which would fall in the same
place of an island in the parking lot in the future. Mr. Smith
said there is no problem with this stipulation.
V/M Stein MOVED APPROVAL of the Landscape Plan as amended and
agreed to by the applicant's representative, SECONDED by
C/M Dunne.
VOTE:
d) Mr. Henning read Tgmp. Reso.by title.
Mr. Rubin said the Easement and Option Agreement is required by
the Code in order to put a temporary facility on the property and
staff recommends approval. Mr. Smith said the Code provides that
they must give the City the option to buy the trailer; however,
these are all rental trailers and they have agreed to indemnify
the City. Mr. Henning said the City has the right to demolish the
trailers but if the City wants to keep them they could. Mr.
Henning said the Indemnification clause that is in Paragraph 5
would cover this as long as the City is not negligent in removal.
He recommended that in Paragraph 4 of the Agreement, the words "or
demolish" be stricken.
V/M Stein MOVED APPROVAL of Temp. Reso._#3226 as amended, SECONDED
by C/M Munitz.
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e) Mr. Henning said the applicant receives water service from Broad-
view Utilities and 2 ERCs which would be one connection for the
Sales Center and one connection for the Savings & Loan. He said
both these connections are in the name of Lakes of Carriage Hills
and he recommended approval of the Sewer Developers Agreement.
V/M Stein so MOVED, SECONDED by C/M Munitz.
Mr. Rubin said the applicant has said they paid the fees but the
City's records do not show this. Mayor Kravitz said he would hold
discussion on this item until this is checked further.
John Lachmann, resident, asked why the water service is being
furnished by Broadview Utilities and Dan Oyler, representative
from Craven & Thompson, said part of the City in that area is
furnished by Broadview Utilities since Tamarac's lines stop on the
west side.,of Rock Island Rd.
Mr. Henning said for clarification, Lakes of Carriage Hills is the
landlord and landowner and they are purchasing 2 ERCs on behalf of
their own Sales Center and on behalf of their tenant. He said
when a permanent structure comes in for California Savings & Loan,
they will need to buy whatever connections are needed for that
building.
Mr. Henning said this is a land lease and the site where the
trailer is located is adjacent to where the bank is going to be
built. He said they are setting aside a small area just north of
the bank site to put the temporary bank structure.
44. Morri ggn's_ Cafeteria - Discussion and possible action on:
a) Site Plan -.
b) Landscape Plan
c) Water Retention Agreement
(to be located on the north side of West Commercial Boule-
vard, east of State Road 7, adjacent to Wellens Furniture
Store) .
,SYNOPSIS OF ACTION: RESOLUTION NO. R-84- ,z e/% PASSED.
APPROVED a) , b) and c) .
a) Mr. Henning read Temp. Re -so. #3231 by title.
Mr. Rubin said in order to comply with City Code, Morrison's had
to provide 55 additional feet for parking purposes. He said they
have provided a sidewalk as requested and staff recommends ap-
proval.
Tape 2 V/M Stein MOVED APPROVAL of Temp, Rgso. #3231, SECONDED by
C/M Munitz.
b) Mr. Rubin said the Landscape Plan was reviewed by the Beautifica-
tion Committee and they.have.agreed to add a 20-foot berm in front
and staff recommends approval.
V/M Stein MOVED APPROVAL of the Landscape Plan, SECONDED by
C/M Dunne.
c) Mr. Rubin said staff recommends approval. V/M Stein MOVED APPROV-
AL of the Water Retention Agreement, SECONDED by C/M Munitz.
7/26/84
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V/M Stein noted that there is no Water and Sewer Agreement and he
was told there is a Commercial Large User Agreement with Fort
Lauderdale. Mr. Rubin said in the back of the Site Plan Review
comments it is noted that water and sewer is provided from Broward
County, therefore, the developer will provide recorded copies of
the Agreement from Broward County prior to issuing a building
permit.
The following checks were submitted at the meeting:
$4,613.64 - Drainage Retention Fee
343.20 - Drainage Improvement Fee
877.76 - On -Site Beautification Fees
43.
Discussion and possible action on:
a) Site Plan - TeMp. Reso. #3225
b) Temporary waiver of platting process - Temp. Reso. #3224
c) Landscape Plan
d) Easement and Option Agreement - Te=. Regg, #3226
e) Sewer Developers Agreement (Water service from Broadview
Utilities) .
SYNOPSIS OF ACTION:
a) through d) See Pages 5, 6 & 7).
e) APPROVED.
e) Mayor Kravitz held this item awaiting confirmation of receipt of
the payment and Mr. Rubin verified receipt of same.
V/M Stein MOVED APPROVAL of the Sewer Developers Agreement,
SECONDED by C/M Dunne.
45. h1_oo_ E,ont_ Trs-ct_ 7 Z75 - Discussion and possible action on:
a) Revision of Site Plan 5 to expand the size of the units
and reduce the total number of units from 29 to 26 - Temp
Reso_._ #3232.
b) Site Plan 1, Phase 2_- Release of warranty bond posted for
public improvements - Temp. Rego. #3233.
c) Site Plan 2, Phase 2:
1) Release of performance bond posted for public improve-
ments subject to receipt of a one-year warranty bond -
TemP- #323_4.
2) Acceptance of the Bill of Sale for the water distribu-
tion and sewage collection system improvements - Temp.
Reso. #3235.
d) Site Plan 4:
1) Release of performance bond posted for public improve-
ments subject to receipt of a one-year warranty bond -
Temp. Reno_._ 43-236.
2) Acceptance of the Ball of Sale for the water distribu-
tion and sewage collection system improvements - Temp_.
Reso. #=.
SYNOPSIS OF ACT -ON:
a) , c) 1) , c)2), d) l) and RESOLUTION NO. R-84- vZS/ PASSED.
d)2) APPROVED with conditions, RESOLUTION NO. R--84- ZS 2- PASSED.
b) APPROVED. RESOLUTION NO. R-84- _.63 PASSED.
RESOLUTION NO. R-84- -4!5*"4 PASSED.
RESOLUTION NO. R-84- �"$' PASSED.
RESOLUTION NO. R-84- Z,5'6, PASSED.
a) Mr. Henning read Temp. Rego. #3232 by title.
7/26/84
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Mr. Rubin said Bonaire is dividing their development into various
minor site plans and on this Site Plan 5 they have made larger
units.which require a revised site plan before Council today. He
said staff has approved this with the condition that the City
receive legal proof that the next piece of land guarantees their
building will be no closer than 20-feet away to avoid variance
potential in the future.
Joseph D'Amore, representative of Bonaire, said the entire Wood-
mont tract is being purchased from Montwood who now holds the
balance of that piece of property Mr. Rubin is referring to and
Bonaire holds an option to buy. He said currently they are exer-
cising the option but a purchase has not taken place. He said in
response to Mr. Rubin's request, they contacted Montwood and they
forwarded a letter to Bonaire which they submitted to Mr. Rubin
which acknowledges the fact that that 20-foot separation is
definite. Mr. Henning read this letter into the record (See
Attachment 1). He said this should be put in Tgmp. Reso. #3232 in
Section 1, Part D.
V/M Stein MOVED APPROVAL of Temp. ReHQ_.#32321, SECONDED by
C/M Munitz.
b) Mr. Henning read TQmp. Reso,. #3233 by title.
Mr. Henning said there is a.memo,from the.City Engineer to the
City Clerk dated 7/13/84 which stated "the recent inspection indi-
cated that the public improvements covered by this warranty bond
are satisfactory".
Mr. Henning said the bond expires 7/27/84 and he suggested Council
approve releasing bond #1402-00304103 in the amount of $5,953.92.
V/M Stein MOVED APPROVAL of Temp.. Rego_, #3233, SECONDED by C/M
Munitz..,
c) Mr. Henning read Tgmp, Mso- #3234 by title.
1)
Mr. Henning referred to a 7/18/84 memo from the City Engineer to
the City Clerk endorsing release of performance bond
#1402--00304628 in the amount of $24,805.00.
Mr. Henning said the memo stated that a recent inspection
indicated that the public improvements have been satisfactorily
installed and they have received and approved the certified actual
costs, Bill of Sale Absolute and as built draw ings. He said the
certified actual costs indicate an additional amount of $519.90 is
due for engineering fees and a warranty bond is required in the
amount of $8000.52. Mr. D'Amore said he is submitting the
engineering fee of $519.90 at the meeting; however, the warranty
bonds have been ordered but have not arrived as,yet. Mr. Henning
recommended approval.
V/M Stein MOVED APPROVAL of subject to receipt
of a one year warranty bond, SECONDED by C/M Munitz.
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c) Mr. Henning read Temp. Reso,#3235 by title.
2)
Mr. Henning said staff recommends approval of the Bill of Sale for
the water distribution and sewage collection system improvements.
V/M Stein MOVED APPROVAL of Temp.,,Hso. #3235, SECONDED by
C/M Munitz.
so-0
d) Mr. Henning read Temp. Reso. #3236 by title.
1)
Mr. Henning referred to a memo dated 7/18/84 from the City Eng-
ineer to the City Clerk stating that "the recent inspections indi-
cated that the public improvements have satisfactorily been in-
stalled". They have received.and approved the certified actual
costs, the Bill of Sale Absolute and as -built drawings".
Mr. Henning continued reading from the memo, "the certified actual
costs indicate that additional engineering fees are not required.
The warranty bond amount is $2,785.00". This would release
performance bond #1402-00304102 in the amount of $11,140.00.
V/M Stein MOVED APPROVAL of Temp. Reso. 43236 subject to receipt
of a one year warranty bond, SECONDED by C/M Munitz.
w1 " an ate.10 0 3 111WW4
d) Mr. Henning read Temp. Reso. #3237 by title.
2)
Mr. Henning said this references drawings on file in the City
Engineering Department and he recommended approval.
V/M Stein MOVED APPROVAL of Temp. Reso,-#3237, SECONDED by
C/M Munitz.
46. McNab Plaza - Bolad Release - Temp_- Reg, #3238 -Dis-
cussion and possible action to release a warranty bond posted
for drainage along University Drive.
SYNOPSIS OF ACTION: APPROVED
release of warranty bond #491 in
the amount of $1,875.00 posted for
drainage along University Dr.
RESOLUTION NO. R-84- z,547 PASSED.
Mr. Henning read by title.
Mr. Henning referred to a memo from the City Engineer to the City
Clerk dated 7/10/84 referring to Letter of Credit #491 in the
amount of $1,875.00 which expires 9/1/84. He said the memo states
that the recent engineering inspection indicates that University
Dr. drainage improvements are satisfactory and they recommend
release of the warranty bond.
V/M Stein MOVED APPROVAL of Temps- Reso. 32.38, SECONDED by
C/M Munitz.
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64. - Discussion and
possible action.
SXNQES3SO,F ACTION: Agendized by Consent.
(See Page 1).
(See Item 22 in 7/25 Minutes, Page 21).
Vacancies on this committee were announced..
Mayor Kravitz said this was discussed yesterday and Temp. Ord_
4 was approved on second and final reading. He announced
vacancies on this committee and urged interested people to get
applicatons from the City Clerk's office.
V/M Stein MOVED to instruct the City Clerk to post an announcement
advertising vacancies on the Welcoming Committee, SECONDED by
C/M Dunne.
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• IL11 -e - Discussion and possible acton.
Agendized by Consent on Page 1.
(See Item 3 in 7/25 Minutes, Pages 4 & 5).
Upon reconsideration, the following
people were appointed: Eugene Barkin,.
Theodore Kamens, Carl Warshaw, Joseph
Lubin and William Watson Trick, Jr.
V/M Stein MOVED to Reconsider appointment of the nominees for this
Committee, allowing Council to add as many nominees as they wish,
SECONDED by C/M Dunne.
Mayor Kravitz nominated the name of Joseph Lubin .in addition to
the five names already nominated:
Carl Warshaw Eugene Barkin Theodore Kamens
Carl Alper William Watson Trick, Jr.
Mayor Kravitz closed the nominations with.no further response.
YS2TE: C/M Dunne
Carl Warshaw
Joseph Lubin
Eugene Barkin
Theodore Kamens
William Watson Trick,
.C/M.Munitz
Eugene Barkin
William Watson Trick,
Carl Warshaw
Theodore Kamens
Joseph Lubin
V/M Stein
Eugene Barkin
William Watson Trick,
Carl Warshaw
Theodore Kamens
Joseph,Lubin
Mayor Kravitz Eugene Barkin
William Watson Trick,
Carl Warshaw
Theodore Kamens
Joseph Lubin
66. Reconsidex.4tion
Board - Discussion and possible
action.
Agendized by Consent on Page 1.
(See also Pages 11 & 16).
(See Item 4 in 7/25 Minutes, Page 4).
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Mayor Kravitz said there was discussion yesterday under Item 4
concerning appointing one member and Edward Lipton was appointed.
V/M Stein said since there is no limitation in the number of mem-
bers to this Board, he nominated Gus Frost for this position.
Mayor Kravitz closed nominations with no further response.
67. Force-- Discussion
and possible action.
,9YNOP,91,S OF ACTION; Agendized by Consent.
(See Page 2).
The City Manager was authorized to contact
James M. Montgomery Consulting Engineers, Inc.
and inform them the grants have'been moved up
and they should consult with the Broward County
Environmental Quality Control Board and report
to Council as soon as possible as to which grant
has moved up. Steve Wood, Acting City Manager,
is to send a memo to Council stating what their
fees are. If they are under $2,000, authorization
to proceed can be given by Steve Wood.
V/M Stein said according to his records of the agreement with
James M. Montgomery, the service was only for an effluent disposal
alternative study for the City of Tamarac.
V/M Stein said the original recommendation from the City Manager
was that engineers be hired to do the second look and the solid
waste but not be involved in the effluent bidding. He said
presently, the City does not•have any agreement with James M.
Montgomery regarding the sludge and he asked Council to decide
whether Mr. Nolan of Williams, Hatfield & Stoner or Montgomery
should proceed.
Mr. Henning said because of competitive bidding, if it is $5,000
or less, Council could negotiate with Montgomery as a single
source since they have been approved in the past. He said if it
is more than $5,000 the competitive bidding requirements would
come into play and, since the City already has a contract with
Williams, Hatfield & Stoner, Council could hire them under
contract rate. He said Williams, Hatfield & Stoner is billed at a
contractual rate and that contract has not been formally
cancelled. He said it takes a 30--day written notice from either
side to cancel this contract.
V/M Stein said since Williams, Hatfield & Stoner originally filed
for these grants, this should come under wrap-up work. He said
for the notification to the City for which grant Tamarac is eligi-
ble, he felt it would be less expensive to use Williams, Hatfield
& Stoner. He said if additional engineering is needed, then he
would recommend negotiations with Montgomery.
V/M Stein MOVED to authorize the City Manager to contact James M.
Montgomery Consulting Engineers and inform them that the grants
have been moved up and they should consult with the Broward County
Environmental Quality Control Board and report to Council as soon
as possible as to which grant has moved up.
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7/26/84
/pm
Mayor Kravitz requested that Steve Wood, Acting City Manager, send
Council a memo stating what their fees are and if they are under
$2,000, authorization to proceed may be given by Mr. Wood.
SECONDED by C/M Munitz.
NW
V/M Stein said plats will be signed by the City Engineer, however,
the City needs a working arrangement with either Williams,
Hatfield & Stoner or Montgomery for the service of P.E. stamping.
68. ADRginting "Insurance Consultant" - Discussion and possible
action.
SYNOPSIS OF ACTION: Agendized by Consent.
APPROVED employing Mr. Gerry Adler as an
"Insurance Consultant" for the sum of $1.00
per year.
V/M Stein said he has a letter from the Finance Department
concerning an Insurance Committee. He said Linda Schreiber --Baker
has brought to his attention that they are presently reviewing all
insurance policies for bid and reevaluation and she questioned
whether he knew anyone they could hire to help professionally.
V/M Stein said he has a close friend who does not sell insurance
Tape 3 but is an underwriter. He read into the record the letter he
received from Steve Wood: "Linda met with Mr. Adler this morning
and he has provided her with a list of many constructive
criticisms of our -existing policies. In order to protect Mr.
Adler from -a liability standpoint, he recommends that he be placed
on the City payroll as an employee for $1.00 per year".
V/M Stein continued reading into the record the letter he received
from Steve Wood: "We recommend this procedure as I believe the
City will benefit many thousandfold. Would it be possible to have
this item agendized at this meeting?"
V/M Stein MOVED to Agendize this item by Consent, SECONDED by
C/M Munitz.
VOTE: ALL VOTED AYE
Mayor,Kravitz questioned why this is not handled through the Per-
sonnel Director. V/M Stein said this is not really an engagement
and he feels the City should have had an Insurance Committee for a
long time.
V/M Stein said this $1.00 amount is purely a ploy to put him under
the protection of the City's liability insurance. He said Mr.
Adler is volunteering a service for which the City would pay a
great deal otherwise. Mayor Kravitz said as liaison to staff, he
would prefer to give this item thought and he is not convinced
that insurance should stay in the Finance Department.
V/M Stein MOVED that the -City employ Mr. Adler as an "Insurance
Consultant" for a sum of $1.00 per year. SECONDED by C/M Munitz.
Mayor Kravitz said employment of anyone should be handled admini-
stratively and this should be tabled for further consideration.
C/M Munitz said he feels this would be for the good of. the City.
--13-
7/26/84
/pm
V/M Stein said he had every right in the Mayor's absence to sug-
gest this when requested by Linda Schreiber -Baker.
VOTE: C/M Dunne Aye
C/M Munitz Aye
V/M Stein Aye
Mayor Kravitz Nay
LEGAL AFFAIRS
62. 19jettlemCat with Larry Keating - Discussion and possible
action.
-SYNOPSIS -OY ACT -TO : Discussed
with Item 63 below.
63. - Discussion and possible
action.
Agendized by Consent on 7/25/84, (See Minutes
of 7/25/84, Pages 37, 38 & 39).
Mr. Henning said the figures with reference to Laura Stuurmans
resignation and accruals are:
Sick Leave - $19,727.58
Vacation Leave - 3,886.96
accrued at 100%
Mr. Henning said the Personnel,Manual states that vacation leave
is accrued at 100% after having satisfactorily completed the
probationary period. He said the Personnel Manual states "that at
the time of separation, the employee who has accumulated 30 or
more days of sick leave shall be paid at the following rate: the
first 60 days at 25%, 61 to 99 days at 50% and over 100 days at
100%". He said the impact on this would be a reduction of
$10,419.07 for Mrs. Stuurmans and would completely erase Mr.
Keating's sick leave.
Mr. Henning said the settlement that was presented to Council and
agreed to by the attorneys involved included the 100% figure. He
said the Council, in a negotiating posture, can give the figures
they wish to negotiate. V/M Stein said he told both Mrs.
Stuurmans' attorney and Mr. Keating that they would get exactly
what they were entitled to. C/M Munitz said the negotiations
consist of two parts, what they are legally entitled to and the
bonus offers being made which are negotiable. Mr. Henning said
the numbers inserted yesterday in the list of benefits were sick
leave in the amount of $19,727.58 and vacation leave in the amount
of $3,886.96. He said these people are legally entitled to the
formula of the personnel manual and Council has the authority to
give a settlement to a claim.
V/M Stein said Mrs. Stuurmans' and Mr. Keating's offers of settle-
ment came in at 100% figures for sick leave; however, this was
misunderstood.
Mr. Henning said Mrs. Stuurmans' figure as to sick leave totals
$9,308.51. Mr. Wood suggested Council hold this item until he can
get the exact figures on this.
Carl Alper, resident, asked if there
and Mayor Kravitz said Mrs. Stuurmans
her; however, Mr. Keating did not an
ed the City. He said the settlements
Council's approval.
- 14 -
was a negotiating.committee
had an attorney representing
d the City Attorney represent --
reached were pending
7/26/84
/pm
O.1
Vickie Beech, resident, asked what previous considerations were
given to other employees in similar situations. V/M Stein said
within the parameters allowed, any agreement can be made.
Ms. Beech suggested a precedent should be set now to avoid this
problem in the future. C/M Munitz said it is most important to
know what the minimum amounts are to which the people involved are
entitled.
Sam Pizzarello, resident, cautioned Council about rewarding em-
ployees for a job not done well. C/M Dunne said several cities
have done away with accumulated vacation and sick leave to avoid
abuses.
V/M Stein said he has read that City Managers as a group,
before they take employment and as part of their contracts, have
included what their termination would be to avoid this problem.
V/M Stein said Larry Keating's original offer was to resign if he
would receive 3 months salary which amounted to approximately
$13,000. He said when the amount of $10,000 was offered to him,
he asked for his sick leave and vacation time. Mayor Kravitz said
he would hold this item awaiting final figures from the Finance
Department.
C/M Dunne said he would suggest the City have a qualified person
as Department Head to the Utilities. V/M Stein said he endorses
what C/M Dunne has.said since this operation totals millions of
dollars compared to the minor engineering amounts. He said he was
informed that Mr. Keating spent about 90% of his time with the
Utilities as opposed to 10% as an Engineer. He said the people in
the Utilities plant have requested that Council consider having a
Utility Department Head who is an expert in wastewater disposal,
etc. He said the City has two competent Assistant City Engineers
and this would be sufficient.
C/M Munitz said the City first purchased the Utility in 1979 and
he concurred with both,V/M Stein and C/M Dunne on this issue. He
said he had no further report.
VlM_Stein said he would suggest the applications for the position
of City Manager be reviewed by a professional consulting firm.
Mayor Kravitz said he scheduled a Workshop Meeting for this
purpose on Monday, July 30, 1984 at 9:00 a.m..
Mavog Krayitg said he received a call from a resident informing
him that one of the pumps at the water station is about to burst
and Larry Keating said one of the pumps is in bad shape. He said
he referred this to the City Manager's office for immediate re-
sponse.
Tape 4 y_/H Stein said concerning the cleaning of Colony West, they have
been trying to grout the sewer line since it has been discovered
that when it rains the capacity in the plant is almost 100% where-
as, normally, it only runs at about.50%.capacity..
V/M Stein said the suggestion was made that at 2:00 a.m. when the
sewers are not being used, the manholes should be 0 and if, at
this time of the morning, they are not down to 0, then it can be
concluded that that section is seeping water. He said it can then
be checked to determine if the grouting is faulty or if other
pipes are opening.
.. 15
7/26/84
/pm
V/M Stein said
and should be
further.
Behring installed these pipes and they are obsolete
cleaned up. He said this should be checked into
Mr. Henning said there was a meeting last night of the Broward
County Environmental Quality Control Board on which Williams,
Hatfield & Stoner reported to him. He said there was a request
for an extension to the permit and the Board requested a
continuation for 30 days so that they could further study the
recommendations of the City's Consulting Engineers. He said they
have not received an answer yet as to the lining of the ponds
waiver.
Mr. Henning said the Charter Board has asked to appeal the valida-
tion of the Municipal Complex bonds. He said he explained at
their last meeting that this would be in direct conflict with his
duties as City Attorney; therefore, he has declared a conflict and
will not be assisting them. He said they will be meeting tomorrow
to discuss hiring an attorney and they have received resumes from
at least 2 firms and will make recommendations to the City
Manager. He said Gerry Heffernan, Council's Bond Counsel, is
planning on being present at the Charter Board meeting to explain
bond questions in general.
V/M Stein said he feels betrayed since the Council voted to allo-
cate funds for a specific item for the Charter Board's use. He
said according to the Charter, the Charter Board has to tell Coun-
cil why they need an attorney. He said they told Council they
were investigating the hiring of the engineers without competitive
bidding and the grant situation. He said at no time was Council
ever requested to allocate money to oppose the bond issue and he
said the City Attorney should advise the Charter Board that Coun-
cil will not approve any sums of money outside of the scope al-
ready approved. C/M Munitz concurred with V/M Stein's comments.
Mr. Henning suggested Council Move to direct the Finance Depart-
ment as to what should be done with this money. Vickie Beech,
resident, said the bond counsel should have been instructed to
explain matters to the Charter Board before this.
62. Settlement with Larry -Keating - Discussion and possible
action.
SYNOPSIS QF LaIO 1: Discussed
with Item 63 below.
63. - Discussion and possible
action.
SYNOPSIS OF ACTION: Agendized by Consent.
(See Pages 13, 14 & 15).
(See 7/25/84 Minutes, Pages 37, 38 & 39).
On this date, 7/26/84, Council reconsidered
the terms and conditions discussed yesterday,
and following are the terms Council agreed upon.
-16--
7/26/84
/pm
Mr. Henning said the figures from the Finance Department as to
Larry Keating's Sick Leave, based on the accrual formula in the
ersonnel manual, which would be 2.5% of his sick leave,,totals
2,288.06. He said the formula for Laura Stuurmans, based on the
personnel manual, which is partially 25%, 50% and 100%, totals
$9,227.74. He said he has a problem with the contractual offer
and acceptance for this agreement. V/M Stein said there was no
acceptance since what Council thought they were accepting is not
what they proposed.
V/M Stein said it should be noted that this is not a change in the
offer made by the City since they will get that to which they are
entitled plus $10,000 for Larry Keating and $12,500 for Laura
Stuurmans. He said if they are not agreeable to that they can
refuse the offer.
28. Ti-con, Inc_. ReZon,ings -- Discussion and possible action on:
a) Approval of Settlement of Ticon, Inc. vs. City•of Tamarac
lawsuit --
b) Approval of Restrictive Covenant
SYNORSIS OF -ACTION: (See Pages 19, 20,
26 & 27 in 7/25/84 Minutes).
b) APPROVED.
b) Mr. Henning said the,Assistant City Clerk has notified him that
the b) portion of this item must be voted on for a complete and
accurate record of the proceedings.
V/M Stein MOVED APPROVAL,of the Restrictive Covenant, SECONDED by
C/M Munitz.
VOTE: ALL VOTED AYE
BOARDS_ AND_ COMM r T.TF P- s
65. Reconsideration of Annointina Members to the Law Advisory
Discussion and possible action.
Agendized by Consent.
(See Pages 1, 10 & 11)."
5 names nominated on Page 11 were inserted in
TQmr),_Rego. #3209
The Assistant City Clerk brought to Council's attention the
necessity of inserting the names of the 5 new appointees under
Item 65, into the Resolution. C/M Munitz MOVED APPROVAL of T-em,
Re -so. #3209 with the names of the following inserted:
Eugene Barkin Theodore Kamens Carl Warshaw
Joseph Lubin William Watson Trick, Jr.
C/M Dunne SECONDED the MOTION.
3. Law Adv-isory QMMittee -- T-emip-._ Reso. 3209 - Discussion and
possible action to appoint five (5) members (tabled from
7/11/84).
RESOLUTION NO. R-84- 49�PASSED.
(See Pages 4 & 5 of the 7/25/84 Minutes).
APPROVED Temp._ peso. #32Q9 appointing
Eugene Barkin, Theodore Kamens, Carl Warshaw,
Joseph Lubin and William Watson Trick, Jr. for
terms to expire on 5/11/85.
- 17 -
7/26/84
/pm
:•. r • . ••
SYNOPSIS OF ACTION:
(See Pages 1 & 11).
2 names nominated on Pages
inserted in Temp. Reso. #3207
4. Recrgation Board - TMW_. Reso. #3207 - Discussion and
possible action to appoint one (1) member (tabled from 7/11/84)
SYNOPSIS OF ACTION: RESOLUTION NO. R-84- ;2L1V.3 PASSED.
(See Page 4 of 7/25/84 Minutes).
APPROVED T,eMp,., Re,so,._#,3207 appointing
Edward Lipton and Gus Frost for terms to
expire on 5/11/85.
The Assistant City Clerk brought to Council's attention the nec-
essity of inserting the names of the 2 new appointees under Item 66
into the Resolution. C/M Munitz MOVED APPROVAL of TgMp. Reso.
43207 with the inclusion of the names of Edward Lipton and
Gus Frost, SECONDED by C/M Dunne.
VOTE: ALL_ VOTED AYE
57. City_ eager Report - No report.
C/M Dunne suggested Council consider hiring R. William Henkel as
Efficiency Experts for the City and V/M Stein said this should wait
until they complete their present assignment of reviewing the City
Manager applications.
Meeting was adjourned at 11:45 a.m.
MAYOR
ATTEST:
ASSISTANT CITY CLERK
This public document was promulgated at a cost of $ 202.00 or
$ 4.43 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.
MEW =
7/26/84
/pm
CITY OF TAMARAC
APP VED AT MEETING OF4 /,, �, J Z ' I
/
City Clerk