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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. • • 9 _ - 1 - 7/26/84 /pm k I DO 'RA MA 11 4 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. - 2 - 7/26/84 /pm 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. =: 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. - 3 - 7/26/84 /pm L. 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. +�i1 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. - 4 - 7/26/84 /pm r 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. 5 7/26/84 /pm 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. -- 6 - 7/26/84 /pm 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 /pm 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 /pm J 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. 9 _ 7/26/84 /pm I W 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. - 10 - 7/26/84 /pm 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. r • 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). - 11 7/26/84 /pm Jr. Jr. Jr. Jr. r J 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. - 12 - 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