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HomeMy WebLinkAbout1985-09-11 - City Commission Regular Meeting Minutes1 y u � '!!ORIVP P.O. BOX 25010 TAMARAC, FLORIDA 33320 FIRST CLASS MAIL CITY OF TAMARAC CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY. SEPTEMBER 11. 1985 CALL TO ORDER: 9:00 A.M. ANNOUNCEMENTS OF TIME ALLOCATIONS - MOTIONS TO TABLE - The Chair at this time will announce those items which have been given a specific time to be heard, and will entertain motions from Council members to table those items which require research. Council may agendize by majority consent matters of an urgent nature which have come to Council's attention after publication. PRESENTATIONS 1. Constitution Week - Presentation by Mayor Kravitz of a 09/11/85 pg.5 proclamation designating September 17 - 23, 1985, as PRESENTATIONS 2. "Constitution Week". National Arts Week - Presentation by Mayor Kravitz of a TABLED 09/11/85 pg.l proclamation designating September 23 - 29, 1985, as PRESENTATIONS "National Arts Week". BOARDS AND COMMITTEES 3. Board of Consumer Affairs - Temp. Reso. #3728 - Discussion 09/11/85 pg. 7 and possible action to appoint one 1 member (tabled from APPROVED 7/24/85). member apptd. 4. Planning_ Commission - Temp. Reso. #3742 - Discussion and i09/11/85 pg. 7 possible action to appoint one 1 regular member and one APPROVED (1) alternate member. 1 member apptd CONSENT AGENDA 5. Items listed under Item #5, Consent Agenda, are viewed to be 09/11/85 pgs. routine and the recommendation will be enacted by one motion 9 - 11 in the form listed below. If discussion is desired, then APPROVED items the item(s) will be removed from the Consent Agenda and will A) through I) be considered separately. and L), M) & N); J) REMOVED a) Minutes of 6/26/85 - Regular Meeting - Approval re- and APPROVED commended by City Clerk. K) REMOVED and APP ROVED;O) b) Minutes of 7/9/85 - Special Meeting/Public Hearing - REMOVED and Approval recommended by City Clerk. APPROVED.3) Agendized by c) Minutes of 7/10/85 - Regular Meeting - Approval re- Consent(see commended by City Clerk. pg. 4) d) Minutes of 7/12/85 - Special commended by City Clerk. PAGE TWO 9/11 /85 Meeting - Approval re- e) Minutes of 7/19/85 - Special Meeting - Approval recommend ed by City Clerk. f) Minutes of 7/24/85 - Regular Meeting - Approval recommend ed by City Clerk. g) Minutes of 7/29/85 - Special Meeting - Approval recommend ed by City Clerk. h) Minutes of 8/16/85 - Special Meeting - Approval recommend ed by City Clerk. i) Richard S. Rubin - Consultant City Planner - 9/l/85 - $3,560.00 ($3,245.00 from Account 001-227-524-310 - Building Professional Services and $315.00 from Account 001-179-519-310 - G & A, Professional Services..- Approval recommended by Chief Building Official and Acting City Manager. j) Kimley-Horn and Associates, Inc. - Traffic Engineering Study - 5/31/85 - $1,822.96 - Payment #3 (Account 001-179-519-310 - Building, Professional Services) - Approval recommended by Consultant City Planner and City Manager. k) James M. Montgomery, Consulting Engineers, Inc. - Approval to pay the following invoices for services in connection with performing a utility rate study with funds to come from Utilities - Professional Services Account 425-366- 536-310 as recommended by the Finance Director: 1) Invoice 51263 - $4,750.00 2) Invoice 51831 _ 250.00 3) Invoice 52961 1,504.00 4) Invoice 54295 - 5,640.00 1) Williams, Hatfield & Stoner, Inc. - Consulting Engineers Approval to pay the following invoices as recommended by the City Engineer/Utilities Director: 1) $ 984.95 - ($477.60 - Project 1113-0, Statement 89 - Municipal Consulting) ($507.35 - Project 2207-0, Statement 3 Miscellaneous Plat Review) Engineering Professional Services Account 001-155-515-310 2) 4,207.10 - Project 1710-24, Statement 1 - TUW Pump Stations 16A and 16B - TUW Rebuild Lift Stations Account 432-367-538-656 3) 163.00 - Project SU-12807 - Floor elevation certif- icate for TUW office building ($81.50 from Water Plant Professional Services Account 425-363-533-310 and $81.50 from Wastewater Professional Ser- vices Account 425-367-535-310) m) Public Works - Approval to purchase IBM computer equip- ment, under State contract in lieu of bidding, in the amount of $4,957.65, for use with the automated gas card system and for statistical analysis. 1 PAGE THREE 9/11 /85 n) Public Works - Approval to purchase three (3) mobile radios, under State contract in lieu of bidding, from Motorola, in the amount of $2,650.00, for three Parks and Recreation vehicles. o) Utilities West - Approval to go to bid for the following: 1) Annual requirement of chlorine 2) Annual requirement of bulk pebble quicklime GENERAL ADMINISTRATIVE/FINANCIAL 6. Public Works - Bid Awards - Discussion and possible action t( award bids for the following: a) Fuel storage facility - Overflow protection and monitorin( well installation - Temp. Reso. #3753 b) Engine analyzer - Tem Reso. #3754 c) Motor fuel control system - Temp. Reso. #3755 d) Wheel balancer - Temp. Reso. #3756 7. Insurance Coverage - Discussion and possible action on: a Approval to go to bid for long-term disability insurance b) Approval to renew boiler and machinery coverage effective October 1, 1985. c) Approval to renew workers' compensation coverage effectiv( October 1, 1985. 8. Pension Fund - Discussion and possible action on: a) Funding for pension expenses (tabled from 7/24/85) b) Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick, P.A. 1) May and June, 1985 invoices in the amount of $2,981.10 2) July, 1985 invoice in the amount of $1,504.44 (tabled from 7/29/85) c) Facciani & Company invoice in the amount of $445.50 dated 8/19/85. 9. Tamarac Park Recreation Building _ Discussion and possible action on: a) Revised interior and exterior plans (tabled from 8/16/85) b) Other Council concerns regarding this building (tabled from 7/29/85) c) Release of payment in the amount of $6,400.00 to Tabares Truss Co. for trusses d) Payment of invoice in --the amount of $275.00 to George E. Fink, P.E., for inspection of truss installation and repair from Account 344-761-572-310 (Parks & Recreation - Professional Services)__ e) _ Payment of invoice in the amount of $3,316 95 to Anchorage Air Conditioning for storage of units from Account 344- 761-572-650 (Parks & Recreation - Construction in Progres f) Payment of Invoice 008017 in the amount of $220.00 to Darby & Way for survey work from Account 3.44-761-572-310 (Parks & Recreation - Professional Services) g) City Council's interest in All Saints Lutheran Church, which is for sale, for use as a combination community/ recreation center. _1-0. -Tamarac Park - Sal1 fiel d #2 z. Discus-si on and--possi bl e action on payment for services for installation of lighting. 09/11/85 pg. 15 APPROVED awarding bids A) , B) , D) C) APPROVED kejecting bid 09/11/85 pg. 16 APPROVED A) , B) and C) 09/11/85 pg. 38 - 39 a)City Atty. required to draft ord. b) TABLED and c) TABLED 09/11/35 pages 12 - 13 TABLED A), B) and E) APPVD. D) and F) C� Auth. given to proper person to be paid for trusses as determined by City Atty. C) City Mgr. )auth. to follow up & report to Council, 09/11/85 pg.13 TABLED til City Atty. gives Council written report PAGE FOUR 9/1 1 /85 11. Municipal -Complex - Discussion and possible action on: a Status report of Preconstruction Review Committee b) Hiring of Construction Manager as an Assistant to the City Manager (tabled from 8/16/85) c) Authorization to charge architectural expenses as a loan against the General Obligation Bond proceeds instead of charges to the General Fund. d) Payment of Miller & Meier Invoice F1307 in the amount of $35,191.66 (tabled from 7/29/85) 09/11/85 pgs. 46 - 48 A) C/M Gottesman gav, a report. B) TABLED C) TABLED w/a So1ut before 9/26/85 meet. 12. WideningD) of University Drive - Report by Mitchell Ceasar, Grants Consultant. Discussion and possible action. TABLED pg,5i Mr. Caesar 13. Removal and Replacement of Concrete Driveways (Project 84- 32 - Discussion and possible action to authorize negotia- tions with vendors to perform this work as no bidders responded to solicitation. (Bid #85-25). r.ave report 85 pg. 17 TABLED 09/11/85 pg. 39, 14. Broward League of Cities Business - Discussion and possible action. report Fiven., 15. Northwest Council of Mayors Business - Discussion and pos- sible action. 11 5 pg. 39 report given. TAMARAC UTILITIES 16. Utilities West - Fluoridation of Water System Project_85-1( Discussion and possible action on: a) Report by City Engineer/Utilities Director b) Authorization for fluoridation in order to apply for State grant funds by Temp. Reso. #3592 c) Approval of Task Authorization to James M. Montgomery Engineers in an amount not to exceed $6,300.00 for design, construction services, permits and related work. (tabled from 4/10/85 and 6/13/85 Workshop Meeting) 17. Utilities West - Water Treatment Plant Improvements (Projecl 84-20) - Discussion and possible action to approve an agree- ment with James M. Montgomery Engineers to prepare a Pre- liminary Design Report (tabled from 7/29/85) 18. Utilities West - Tract 27 Water Storage Tank and Pum Station Project 84-19 - Discussion and possible action on a) Engineering plans b) Architectural design for pumphouse c) Landscape Plan (tabled from 8/16/85) 19. Utilities West - Turnpike Utility Relocation Project 84-9) Temp. Reso. #3758 - Discussion and possible action to award a bid for construction of two 150-foot sleeves for water an sewer mains inside an existing box culvert under Florida's Turnpike. 20. Utilities West - Administration and Maintenance Building Project 85-20) - Discussion and possible action on: a Approval to advertise for proposals for design of this project. b) Authorization to establish a selection committee to review and interview interested firms. 09/11/85 pg. 5 TABLED L 1 09/11/85 p17 Auth. given to prepare design re ors 09/11/85 pgs. 18 - 20 A) APPROVED B) APPROVED C) TABLED 09/11./35 pg. 20 APPROVED RESO.R-85-27( PASSED 09/11/85 Aszs . 20— 2: A) & B) TABLED PAGE FIVE 9/11 /85 21. Utilities West Revenue Bonds - Discussion and possible 09/11/85 action to authorize charging past and future expenses for capital improvements as a loan against the revenue bond pgs. 21 - 22 Authorization proceeds instead of charges to the Utilities West Pro- given to fessional Services account. Finance Dot. 22. Utilities - Water and Sewer Plan Review Fees - Temp. Reso. 09/11/85 #3760 - Discussion and possible action to increase these fees from $500.00 to $750.00. pg•5 TABLED I 23. Utilities East - Tamarac Lakes Sanitary Sewer Collection System Project 84-5)-TTemp. Reso. #3759 - Discussion and possible action to accept and approve a utility easement 09/11/85 pg- 22 APPROVED offered by Tamarac Enterprises, Inc. LEGAL AFFAIRS 24. Albert Miller vs. City of Tamarac _ Discussion and possible action on payment of the City's insurance attorneys. 09/11/85 pgs. 48 - 49 TABLED 09/11/85 p49 A) APPVD B)' AGEND. BY CQN , ori,-Fg . 3 25. ESM Litigation - Discussion and possible action on a recommendation by Morgan, Lewis & Bockius to approve pool- ing of certain litigation costs with the public body group. 26. City Attorney Professional Services - Discussion and pos- sible action on payment to the law offices of Alan F. Ruf for consulting attorney and City prosecution services and transfer of funds from Contingency to fund these invoices. 09/11/85 pg. 30 TABLED to 9/25 meeting 27. Alan F. Ruf - Consulting City_Attorney - Discussion and 09/11/85 possible action to increase his hourly rate for non -court time from $60.00 to $65.00 per hour effective 10/1/85 pg. 31 APPROVED (court time remains at $75.00 per hour). 28. Trip to New York on 2/28/85 by Elly F. Johnson, former City 09/11/85 Manager, and Stephen Wood, former Finance Director - Dis- pgs. 32 - 34 Status report given by cussion and possible action and status report on a request by the Charter Board for the following information: a) What was the purpose of the trip b) Was the trip authorized c) By whom and the date authorized Charter Board member.Action TABLED for an d) Was a report given to the City Council (tabled from 7/10/85) official resort from Charter Board 29. Charter Board - Discussion and possible action on the following requests from the Charter Board: 09/11/85 pgs. 31 - 32 a) That they be designated the responsibility of trans- mitting Charter Amendments to the Secretary of State A) TABLED B) REMOVED (tabled from 8/16/85) from agenda. b) That they be permitted to approve payment of all expenses relating to their business without obtaining Council approval. 30. Temporary Chairman of City Council - Temp. Reso. #3740 - Discussion and possible action to amend Resolution 85-255 09/11/85 pgs. 49 - 50 regarding designation of a temporary Chairman of the City Council, pursuant to Section 4.05(e) of the Charter, in DENIED the absence of the Mayor and Vice Mayor. 31. Lake Colony (Brookwood Gardens) - Discussion and possible action on: a) Renewal of a Lease Agreement with Bay Colony Property Company, Inc., for use of the facilities at this project for certain City --sponsored recreation activities - Temp. Reso. #3757 09/11/85 pgs. 50 - 51 A) TABLED B) TABLED til 9/26/85 Coun. meeting b) Status of traffic light bond (tabled from 7/24/85) PAGE SIX 9/11/85 PUBLIC HEARINGS - 2:00 P.M. 32. --- obil TOil Corporation p ration - RezoningPetition -- - p _ #1 2-Z-85 - Temp. Ord. #1219 Discussion and possible action to rezone the lands at the southwest corner of Commercial Boulevard and State Road 7 from B-1 (Neighborhood Business) to B-3 (General Business) First Reading a) Acceptance of Affidavit of Publication, Affidavit of Mailing and Affidavit of Posting. b) Consideration of application 33. University Community Hospital - Rezoning Petition #17-Z-85- Tem Ord. #1220 - Discu ssion and possible action to rezone lands at the rear of the Hospital property, extending approximately 336.7-feet west of the west property line of the Hospital, from R-4A (Planned Apartments) to B-6 (Bus- iness District), utilizing the 5% flexibility rule for commercial development in residential land use area not to exceed 10 acres. First Reading a) Acceptance of Affidavit of Publication, Affidavit of Mailing and Affidavit of Posting b) Consideration of application COMMUNITY DEVELOPMENT 34. Woodmont Model Sales Facility at Tract 56 - Discussion and possible action to renew a model sales permit pursuant to Stipulation #11 for Woodmont Tracts 47, 50, 54, 57, 60, 70, 71 and 72B. 35. Woodmont Country Club - Discussion and possible action on: a) Approval of a special permit for extended hours for on - premises consumption of alcoholic beverages pursuant to Ordinance 85-38 b) Approval of a revised site plan for a maintenance shed for storage of equipment - Temp. Reso. #3744 36. Woodlands Country Club - Revised Site Plan - Temp. Reso. #3745 - Discussion and possible action on a revised site plan reflecting an addition to the Clubhouse. 37. Town Square - Revised Site Plan - Temg._Reso. Tamarac ..._._ #3746 - Discussion and possible action on a revised site plan reflecting a cooler box for Bageland Restaurant. 38. FP&L Phoenix Substation - Landscape Plans - Discussion and possible action on landscape plans for the following locations: a) Intersection of NW 88 Avenue and Southgate Boulevard b) Substation on the north side of Southgate Boulevard 39. Jehovah's Witnesses - Discussion and possible action on a request to permit an on -site, live-in trailer for three (3) months at 9904 NW 77 Street. 40. Publix - Sign Waivers - Discussion and possible action to waive the provisions of the sign ordinance for the auto- mated banking window terminals at the following Publix locations: a) Tamarac Town Square - Temp. Reso. #3750 b) Sunshine Plaza - Temp. Reso. #3751 c) McNab Plaza - Temp. Reso. #3752�� 09/11/85 .2 A) ACCEPTED affidavits of Public. B) APPVD Temp. Ord. # 1219 w/conditions 09/11/85 pgs. 28 - 30 A) ACCEPTED affidavits B) APPROVED Temp. Ord. #1220,subject to a stipu- lation. 09/11/85 pg. 37 TABLED to 9/26/86 meet. 09/11/85 pgs. 7 - 8 A) APPROVED B) TABLED for a Special Meeting. 09/11/85 pg. 6 APPROVED with conditions 09/11/85 pg. 34 APPROVED 09/11/85 pgs. 34 - 35 ACCEPTED 09/11/85 pgs. 35 - 36 DENIED 09/11/85 pgs. 36,3 APPROVED A), B) , and C) with conditions 41. PAGE SEVEN 9/11/85 Lakes of Carriage Hills - Sign Waiver - Temp. Reso. #3743 -� 09/11/85 p39 Discussion and possible action to renew a waiver of the _ APPROVED provisions of the sign ordinance for a temporary over- subject to sized ground sign at 6180 Rock Island Road. a condition 42. Belfort - Discussion and possible action on: aT Release of a performance bond posted for public land- scaping subject to receipt of a one-year warranty bond - Tem_p._ Reso_. #3747 b) Approval of the Water and Sewer Developers Agreement for Phase II. 43. Lakeside Apartments - Bond Release - Temp. Reso. #3748 - Discussion and possible action to release a warranty bond posted for public improvements. 44. Frybergh Firemen's Fund Building - Bond Release - Temp. Reso. #3749 - Discussion and possible action to release a, warranty bond posted for public improvements. REPORTS 45. City Council 46. City Manager 47. City Attorney - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PUBLIC HEARINGS - 6:00 P.M. 48. Pit Bull Dols - Temp. Ord. #1209 - Discussion and possible action to create Article II of Chapter 4 of the Code to provide for the regulation of these dogs. Second Reading. 49. Employee_Pension Plan - Temp. Ord. #1210 - Discussion and possible action to amend the Pension Plan to provide for an additional member to the Administrative Board to be elected from the White Collar/Blue Collar Bargaining Unit (Federa- tion of Public Employees). Second Reading. 50.___Lightning Warning Systems -_Temp. Ord_. #1211 - Discussion and possible action to amend Code Section 16-3 regulating use of lightning warning systems on golf courses. Second Reading. 51. Fire Access Lanes - Temp.Ord. #1174 - Discussion and pos- si a ac ion o amend—Ceof the Code to provide a penalty for parking in or obstructing fire access lanes and to amend Chapter 18 to provide specific requirements for these lanes. First Reading. 52. Off -Street Parking Requirements - Temp. Ord. #1205 - Dis- cussion and possible action to amend Section 18-5(13)of the Code to provide for more restrictive parking requirements for indoor athletic clubs and gymnasiums. First Reading. 53. Broward County League of Cities - "Hands Across Broward" Satur ay, October 5, 1985 - Temp. Reso. #37 - Discussion an —possible action. 54. BSO Offer - Acceptance of Sheriff Navarro's Letter for In ormation - Discussion and possible action. 09/11/85 p14 A) APPVD Temp. Reso #3747 B) APPVD as ammended p 39 09/11/85 40 APPVD releas. bond#2-298- 838. 09/11/85 P48 APPVD calling; bond#N4490261 09/11/85 p5l no reports 09/11/85 p51 no re orts pJO no reports 09/11/85 pgs. 40 - 42 APPVD on 2nd & final read. 09/11/85 pg. 43 APPROVED 09/ 11/85 pg. 43 APPROVED 09/11/85 pgs. 43 - 45 APPROVED 09/11/85 pg. 45 - 46 APPROVED 09/11/85 pg. 1 Agendized by Consent pgs. 23 & 24 pgs. l & 2 Agend. by Con. see p24 PAGE EIGHT 9/11/85 City Council may consider and act upon such other business as may come before it. Pursuant to Chapter 286.0105, Florida Statutes, if a person decides to appeal any decision made by the City Council with respect to any matter considered at such meeting or hearing, he may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is based. CITY OF TAMARAC Carol E. Barbuto Assistant City Clerk SPECIAL, WORKSHOP AND PUBLIC HEARING MEETINGS Tuesday,September 10, 1985 - 9:00 A.M. - City Council Budget Workshop - Council Chambers - 2:00 P.M. - Special City Council Meeting - Interview of City Manager Candidates - Council Chambers Thursday, September 19, 1985- 2:30 P.M. - Public Hearings - TUE Budget - Council Chambers 6:00 P.M. - Public Hearings_- Budget and-Millage - __Council Chambers PLEASE NOTE: Due to Yom Kippur, the next Regular City Council Meeting will be held on Thursday, September 26, 1985 at 9:00 A.M. in Council Chambers of City Hall, instead of Wednesday, September 25, 1985. Following are the residential and commercial zoning districts in the City: A-1 - Limited Agricultural A-5 - Agricultural/Excavation B-1 - Neighborhood Business B-2 - Planned Community Business B-3 - General Business B-5 - Limited Business District B-6 - Business District I-1 - Institutional M-1 - Light Industrial M-2 - Medium Industrial R-1 - Single Family Residence R-lB & R-IC - One Family Dwelling R-2 - Two Family Dwelling R-3 - Low Density Multiple Dwelling R-3U - Row House R-4A - Planned Apartment R-5 - Motel/Hotel RD-7 - Two Family Dwelling RM-5 - Residential Multi -Family Dwelling RM--10 - Planned Apartment S-1 - Open Space/Recreational T-1 - Trailer Park District P 1 1 PAGE NINE 09/11/85 BOARDS AND COMMITTEES 55. Board of Adjustment - Anouncement of Vacancy of Member - Discussion and possible action. UTILITIES WEST 56. TUW - Reconstruction of Lift Station 16-A Discussion and possib e action. GENERAL ADMINISTRATIVE/FINANCIAL 57. Budget Amendment - From TUW Retained Earnings to TUW - Administration Professional Services - Discussion and possible action. 58. Budget Amendment to the Parks and Recreation Capital Machinery an E ui ment for 3 Mobile Radios for Parks and Recreation Vehicles) - Discussion and possible action. 59. Budget Amendment - From Contingency to Public Works Office Equipment -- Discussion and possible action. 60. Budget Amendment - From TUW Retained Earnings to TUW Office Equipment - Discussion and possible action 61. Grass Catcher Bid Rejection - Repeal of Resolution 85-169 LTemp. Reso. #3761 - Discussion and possible action. 62. TUW - User Charges - Discussion and possible action. 63. Bud et Amendment - From TUW Retained Earnings to TUW Office Equipment - Discussion and possible action. 09/11/85 Pg. 2 Agend, by Con. see DR. 25 09/11/85 pg. 2 Agend. by Con. see pg. 22 09/11/85 pg. 2 Agend. by Con. see DR. 25 pgs. 2 & 3 Agend. by Con. see pg. 25 09/11/85 pg. 3 Agend. by Con. see . 26 09/11/85 pg. 3 Agen, by Cons. see pg. 26 09/11/85 pg. 3 Agen. by Cons. see P4. 26 09 pg. 4 Agen. by Cons. see P4. 23 09/11/85 Pg gen. by Cons. ee DR. 26 I CITY OF TAMARAC, FLORIDA 1 REGULAR CITY COUNCIL MEETING September 11, 1985 Tape 1 CALL TO ORDER: Mayor Kravitz called the meeting to order on Wednesday, September 11, 1985 at 9:00 A.M. in the Council Chambers. ROLL CALL: PRESENT: ALSO -PRESENT: Mayor Philip B. Kravitz Vice Mayor Helen Massaro Councilman Arthur H. Gottesman Councilman Raymond J. Munitz Councilman Sydney M. Stein Larry Perretti, Acting City Manager Jon M. Henning, City Attorney Carol E. Barbuto, Assistant City Clerk Patricia Marcurio, Secretary MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Kravitz called for a Moment of Silent Meditation, noting with sadness the passing of John Lachmann, member of the Board of Adjustment. This was followed by the Pledge of Allegiance. PRESENTATIONS 2. N tional Arts Week - Presentation by Mayor Kravitz of a proclamation designating September 23 - 29, 1985, as "National Arts Week". SYNOPSIS OF ACTION: Proclamation was presented. Mayor Kravitz presented a proclamation designating September 23 - 29, 1985, as "National Arts Week" to a representative of the Broward Arts Council. GENERAL ADMI I TRATIVE FI A CIAL 53. Broward County League of Cities - "Hands cross Browa d" Saturday, October 5 1985 -- Temp. Reso. 3762 - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. (See Pages 23 & 23) Mayor Kravitz said he received a communication from the Broward League of Cities yesterday asking that the City designate Saturday, October 5, 1985 as "Hands Across Broward" Day. He said this concerns the United Way and he requested this be Agendized by Consent. V/M Massaro MOVED to Agendize by Consent, SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE 54. B 0 Offgr - Acceptance of heriff avarro's Letter for Info m tion - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. (See Page 24) 1 1 9/11/85 /pm F Mayor Kravitz said he received a letter from Sheriff Navarro which he would like to have Agendized by Consent for discussion and possible action. V/M Massaro said she would object to any possible action on this. V/M Massaro MOVED to Agendize by Consent the acceptance of a letter from Sheriff Navarro just for informational purposes and discussion only. SECONDED by C/M Munitz. VOTE: ALL VOTED AYE BOARD AND COMMITTEE 55. Board of Adjustment - Announcement of_Vacancy _of Member - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. (See Page 25) Mayor Kravitz said there has been a vacancy created on the Board of Adjustment due to the untimely passing of John Lachmann and he requested announcement of this vacancy be Agendized by Consent. C/M Gottesman MOVED to Agendize this item by Consent, SECONDED by C/M Munitz. VOTE: UTILITIES WEST ALL _VOTED AYE 56. TUW - Reconstruction of Lift tction 16-A - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. (See Page 22) V/M Massaro said there has been a request to Agendize by Consent accepting of a bid for the reconstruction of Lift Station 16-A and she so MOVED, SECONDED by C/M Stein. VOTE ALL VOTED AYE GENERAL ADMINISTRATIVELFIEANCIAL 57. Bud et Amendment - From TUW Retained„_Earnint,s. to TUW - Administration Professional Services - Discussion and possible action. Y OP I ACTION: Agendized by Consent. (See Page 25) V/M Massaro MOVED to Agendize by Consent discussion and possible action (See Attachment Z), SECONDED by C/M Gottesman. VOTE: ALL V TED AYE 58. Budget Amendment to the Parks and Recreation Capital Racb-inery and Equipment for 3 Mobile Radios for Parks -and Rec eation V hicles - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. (See Page 25) 2 9/11/85 /pm V/M Massaro MOVED that $2,756.00 from Line Item Account #001-872- 581-901 of the budget named Parks and Recreation Capital Equipment be transferred to Line Item Account #001-761-572-643 named Parks and Recreation Capital Machinery and Equipment. (See Attachment 2) SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE 59. Budget Amendment - Frgm Contingency to Public Works Office Equipment - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. (See Page 26) V/M Massaro MOVED to Agendize by Consent discussion and possible action (See Attachment 4), SECONDED by C/M Gottesman. V TE: ALL VOTED AYE 60. Budget Amendment_ - FroFroM TUW Retained Earnings to TUW Office Equipment - Discussion and possible action. ,OYNOPSIS OF ACTION: Agendized by Consent. (See Page 26) V/M Massaro MOVED to Agendize by Consent discussion and possible action (See Attachment 8), SECONDED by C/M Gottesman. VAT E : ALL VOTED AYE LEGAL AFFAIRS 25. ESM Lit' Lion - Discussion and possible action on: a) A recommendation by Morgan, Lewis & Bockius to approve pooling of certain litigation costs with the public body group. b) Morgan, Lewis & Bockius bill in the amount of $27,464.80 SYNOPSIS OF ACTION: a) (See Page 49) b) Agendized by Consent (See Page 49) V/M Massaro MOVED to Agendize by Consent subsection b), Morgan, Lewis & Bockius's bill in the amount of $27,464.80, SECONDED by C/M Munitz.. YDTE: ALL V TED AYE GENERAL ADMINI5TRATIYEZFINANCIAL 61. Grass Catcher Bid Rejection - Repeal of Resolution 85-169 Temp. Reso, 13761 - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. (See Page 26) V/M Massaro MOVED CANCELLATION of the grass catcher purchase that was issued 5/22/85 on Resolution 85-169, by request of the Public Works Director. She said Mr. Couzzo, the Public Works Director, said he is going to purchase a mower, in an amount under $2,000, to replace the grass catcher. SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE 3 9/11/85 /pm TAMARAC UTILITIES 62. TUW - User Charges - Discussion and possible action. Y OP I F ACTIO : Agendized by Consent. (See Page 23) V/M Massaro said the Acting City Manager has requested Agendizing by Consent discussion and possible action concerning the proposed user rate for TUW as recommended by James M. Montgomery Engineers. SECONDED by C/M Stein. VOTE: ALL VOTED AYE GENERAL ADMINISTRATIVE FINANCIAL 63. Budget Amendment - FroM TUW Retained Earnings to TUW office Equipment - Discussion and possible action. BY-NOPSIS OF ACTION: Agendized by Consent. (See Page 26) V/M Massaro MOVED to Agendize by Consent discussion and possible action (See Attachment 6). SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE Mr. Henning asked that Council Agendize an item for possible action regarding the revenue bonds as a follow up to the Workshop Meeting that was held. V/M Massaro said she objects to discussing this today and the request died for lack of a Motion to Agendize by Consent. Mr. Henning said there was a Workshop Meeting held that did not have a full Council present during which the James M. Montgomery rates and revenue bonds were discussed. He said the experts recommended the retiring of the bonds that were used to purchase the utility in 1980. He said the consultants are waiting to move forward to prepare the necessary paper work, reports, contact the bond insurors, etc. V/M Massaro said she objected to this meeting having been held during a vacation period and Mayor Kravitz said he was told it was urgent that this meeting be held at that time. She said this issue is important enough to require a Special Meeting when Council is ready. CONSENT AGENDA 5. o) Utilities West - Approval to go to bid for the following: 1) Annual requirement of chlorine 2) Annual requirement of bulk pebble quicklime 3) Annual requirement for chemical grouting SYNOPSIS -OF ACTION: o) 3) was Agendized by Consent. (See Pages 9, 10 & 11) V/M Massaro MOVED to Agendize by Consent discussion and possible action on o) 3), Annual requirement for chemical grouting, at the request of the Utilities Director/City Engineer. SECONDED by C/M Stein. VOTE: ALL VOTED AYE 4 9/11/85 /pm 'u L, PRESENTATIONS 1. Constitution Week - Presentation by Mayor Kravitz of a proclamation designating September 17 23, 1985, as "Consti- tution Week". YNOPSIS OF ACTION: The proclamation will be mailed to the appropriate people since they were not present at the meeting. Mayor Kravitz said this item will be Tabled because the representa- tive was not present to accept it. EDITOR'S NOTE: This proclamation will be mailed to the appropriate people. TAMARAC UTILITIES 16. Utilities West - Fluoridation f W ter ste P o'ect 85-10) - Discussion and possible action on: a) Report by City Engineer/Utilities Director b) Authorization for fluoridation in order to apply for State grant funds by Temp. Reso. #3592 c) Approval of Task Authorization to James M. Montgomery Engineers in an amount not to exceed $6,300.00 for design, construction services, permits and related work. (tabled from 4/10/85 and 6/13/85 Workshop Meeting) SYNOPSIS OF_ACTION: TABLED for a future meeting. Mayor Kravitz said he received a request to have this item Tabled for a future meeting. C/M Gottesman so MOVED, SECONDED by C/M Stein. VOTE• ALL VOTED AYE 22. Utilities - Water and Sewer Plan Review Fees - Tem Reso. #3760 - Discussion and possible action to increase these fees from $500.00 to $750.00. SYNOPSIS OF ACTION: TABLED. Mayor Kravitz said he received a request for Tabling of this item and C/M Gottesman so MOVED. V/M Massaro questioned why this was being delayed and Mr. Henning said he was requested by the Engineering Department to delay this for a future meeting. He said he asked the Engineering Department to acquire the backup as to the justification for this item for verification of increase in fees. V/M Massaro said while this is being delayed, the City is losing money and this should have been done. C/M Stein SECONDED the MOTION. VOTE• C/M Stein Aye C/M Munitz Aye C/M Gottesman Aye V/M Massaro Nay Mayor Kravitz Aye 5 9/11/85 /pm COMMUNITY DEVELOPMENT 36. WoodlandsCountry Club - Revised Site Plan - Temp. Reso. #3745 - Discussion and possible action on a revised site plan reflecting an addition to the Clubhouse. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-85-278 PASSED. with conditions. Mr. Henning read Temp. Reso. #3745 by title. Richard Rubin, Consultant City Planner, said the Woodlands Country Club has submitted an application to build a two-story addition at the rear of the existing Clubhouse. He said this is primarily to have storage to serve the kitchen and the restaurant on the second floor. He said staff reviewed the site plan and the following items were agreed to by the applicant to upgrade the area: 1. They will provide three additional parking spaces that were lost during the construction. 2. The air conditioning equipment on the roof will be shielded by a parapet wall. 3. The dumpster in the rear shall be shielded by existing walls. Mr. Rubin said staff recommends approval of this addition subject to that area being designated only for storage purposes and the other conditions. V/M Massaro questioned what will be put on the first floor and Mr. Rubin said this will be primarily open, drive -through area for support of the second floor. V/M Massaro questioned why this was considered a minor revision and Mr. Rubin said this did not require revision to the drainage or engineering and building permits will be required. V/M Massaro noted that where parking revision is required, projects should not be considered minimal revisions. She said she understood that this proposed area was also going to be used for an employee lounge and not just storage. Mr. Rubin said he spoke with the Chief Building Official and the design of the storage area precludes any type of assembly, even for an employee lounge. Bob Jahn, Chief Building Official, said when the plans first arrived, they appeared to have two dining rooms rather than a storage area; however, the noting on the plan said "storage". He said after questioning the architect, he said it would definitely not be used for anything but storage. V/M Massaro MOVED to APPROVE the plan for the addition to the Woodlands Country Club approving the revised site plan for an addition to be used only for storage subject to providing three asphalt parking spaces, shielding of the air conditioning equip- ment by a parapet wall, the dumpster will be shielded by the existing wall. She asked where the parking places will be located and Mr. Rubin said they will be along the service drive in the rear. She said this is APPROVING Temp. Reso. 13745, SECONDED by C/M Stein. VOTE: ALL _VOTED _AYE 6 9/11/85 /pm 35. Wo dmont Country Club - Discussion and possible action on: a) Approval of a special permit for extended hours for on - premises consumption of alcoholic beverages pursuant to Ordinance 85-38 b) Approval of a revised site plan for a maintenance shed for storage of equipment - TeMp. Reso. #3_744 SYNOPSIS OF ACTION: Discussed and held for later in the day. (See Page 8) a) V/M Massaro asked how long a period the fee of $500.00 covers and Mr. Henning said Ordinance 85-38 provides in Section 3 b) 2. "The Tape 2 City Council may approve a special permit for a period of 3 years if it finds that there will be no substantially adverse impact on the surrounding area based on the following criteria...". V/M Massaro requested the City Attorney check the portion that concerns the fee and that this item be held for later. BOARDS AND COMMITTEE 3. Board of Cgnsumer Affairs -- Temp. Reso, 13728 - Discussion and possible action to appoint one (1) member (tabled from 7/24/85) . SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R--85-270 PASSED. appointing Edward Klein as a member for a term to expire 4/14/86 . Mr. Henning read Temp. Reso. #3728 by title. Mayor Kravitz said as Council liaison to that committee, he re- ceived a communication from the Chairman recommending the appoint- ment of Edward Klein for this position. V/M Massaro so MOVED, SECONDED by C/M Stein. VOTE: C/M Stein Absent C/M Munitz Aye C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye 4. Planning Commission - Temp. Reso. 13742 - Discussion and possible action to appoint one (1) regular member and one (1) alternate member. YN P I ACTION: APPROVED as amended, appointing Joseph Suiter as a regular member with a term to expire 4/15/86. Appointment of an alternate member was left open for more applications. RESOLUTION NO. R-85-271 PASSED. V/M Massaro MOVED that Joseph Suiter be appointed as a regular member, SECONDED by C/M Gottesman. YQT E ALL VOTED AYE V/M Massaro MOVED that the appointment of an alternate member be deferred for more applicants, SECONDED by C/M Gottesman. 7 9/11/85 /pm Mr. Henning suggested amending the Resolution be included in the MOTION, to strike Section 2 and renumbering Section 3 to 2 as well as changing the title. V/M Massaro MOVED that Temp. Reso. #3742 be APPROVED subject to the following revision: that Section 2 be eliminated, that Section 3 become Section 2 and that the title be amended to coincide with t actual appointment that is being made. VOTE: ALL VOTED AYE COMMUNITY DEVELOPMENT 35. Woodmont CountryClub - Discussion and possible action on: a) Approval of a special permit for extended hours for on - premises consumption of alcoholic beverages pursuant to Ordinance 85--38. b) Approval of a revised site plan for a maintenance shed for storage of equipment - Temp. Reso. #3744 SYNOPSIS OF ACTION: (See Page 7) a) APPROVED. b) TABLED for a Special Meeting to be held after the Beautification Committee's approval. The applicant is instructed to prepare a sketch showing the dimensions of setbacks. a) V/M Massaro said the Assistant City Clerk gave them the necessary information and the $500.00 fee is for a period of three years. She said since the amount paid is correct, she MOVED APPROVAL of special permit for extended hours with a fee of $500.00 for three years. SECONDED by C/M Gottesman. VOTE• ALL VOTED AYE b) Mr. Henning read Temp. Reso. #3744 by title. V/M Massaro said the sketch that was submitted is inadequate. C/M Stein said this maintenance shed is on the golf course and should not be a problem. V/M Massaro said she has no objection to this; however, the plans filed in City Hall should reflect what goes there. C/M Stein said he agreed and the problem is that originally they started building the shed without a permit and they have purchased approximately $100,000 worth of equipment which needs to be sheltered by a shed. He said he would like to see this approved subject to the Country Club supplying the City with a drawing which is acceptable to the Building Department. Mr. Jahn said because there is no survey, the only way to locate the plot before Council today is by the fence and the existing building. V/M Massaro MOVED to ask the Beautification Committee to act on this and that the applicant be instructed to submit a sketch that shows the dimensions of the setbacks. Mayor Kravitz noted that ill this information is in Council's possession before Wednesday, a meeting will be called at 10:00 A.M. for that purpose. SECONDED by C/M Stein. VOTE: ALL VOTED AYE 8 9/11/85 /pm GENERAL ADMINISTRATIVE/FINANCIAL 12. Widening of University Drive - Report by Mitchell Ceasar, Grants Consultant. Discussion and possible action. SYNOPSIS OF ACTION: Mr. Ceasar gave a report. Mitch Ceasar, Grants Consultant, said it will take 10 to 12 months to do the design phase for University Dr. He distributed to Council for their information, an Agreement between Broward County and the engineering firm doing the design work. He said the construction, under the current system, is planned through the DOT and the MPO. He said he is hopeful that Tamarac will be put within the DOT's 5-Year Plan for funding. Mr. Ceasar said they been successful in getting a line item amend- ment for the year 1986 for the construction funding of University Dr. for approximately 2.3 million dollars. He said this was due to the Sawgrass Expressway's proposed influx of greater impact on University Dr. Mr. Ceasar said the Gas Tax which was passed creates flexibility that is split with 80% County money and 20% State DOT money. He said he was informed that Tamarac will have to make some contribu- tion towards this project but it should not be a significant amount. He said construction should be underway on University Dr. within 2 years. He said they are negotiating a contribution being made by DOT for resurfacing. Mr. Ceasar said it was determined that the schedules must coincide and even if the County funds this, the MPO must certify priorities. He said there will be a meeting with the State DOT and they will try to get them to take action with the County MPO. V/M Massaro said the City is making a big contribution by allowing the County to put the ingress/egress on Commercial Blvd. for the Sawgrass Expressway and impacting the City with additional traffic. Mr. Ceasar said Commissioner Craft is aware of Tamarac's concerns. He said from the County's perspective, one of the things Tamarac wanted was the expansion of Commercial Blvd., which is costing the Expressway Authority over one million dollars to do. He said they are doing this with no contribution by Tamarac. V/M Massaro said no other City wanted that ingress/egress and Tamarac was gracious to allow it. She said the Expressway had to do the expansion work on Commercial Blvd. and did not do it as a favor to Tamarac. Mayor. Kravitz noted that Tamarac will receive a proposal from the County before the City is obligated for anything and V/M Massaro said she wants Mr. Ceasar to understand that the City does not have an abundant amount for them. Mr. Ceasar said he will notify Council if anything definite is decided. CONSENT AGENDA 5. Consent Agenda - a) Minutes of 6/26/85 - Regular Meeting - Approval recommended by City Clerk. b) Minutes of 7/9/85 - Special Meeting/Public Hearing - Approval recommended by City Clerk. 9 9/11/85 /pm c) Minutes of 7/10/85 - Regular Meeting - Approval re- commended by City Clerk. d) Minutes of 7/12/85 - Special Meeting - Approval re- commended by City Clerk. e) Minutes of 7/19/85 - Special Meeting - Approval re- commended by City Clerk. f) Minutes of 7/24/85 - Regular Meeting - Approval re- commended by City Clerk. g) Minutes of 7/29/85 - Special Meeting - Approval re- commended by City Clerk. h) Minutes of 8/16/85 - Special Meeting - Approval re- commended by City Clerk. i) Richard S. Rubin - Consultant City Planner.- 9/l/85 - $3,560.00 ($3,245.00 from Account 001-227-524-310 - Building Professional Services and $315.00 from Account 001-179-519-310 - G & A, Professional Services - Approval recommended by Chief Building Official and Acting City Manager. j) Kimley-Horn and Associates, Inc. - Traffic Engineering Study - 5/31/85 - $1,822.96 - Payment #3 (Account 001- 179-519-310 -- Building, Professional Services) - Approval recommended by Consultant City Planner and City Manager. k) James M. Montgomery, Consulting Engineers, Inc. - Approval to pay the following invoices for services in connection with performing a utility rate study with funds to come from Utilities - Professional Services Account 425-366-536-310 as recommended by the Finance Director: 1) Invoice 51263 - $4,750.00 2) Invoice 51831 - 250.00 3) Invoice 52961 - 1,504.00 4) Invoice 54295 - 5,640.00 1) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - Approval to pay the following invoices as recommended by the City Engineer/Utilities Director: 1) $ 984.95 - ($477.60 -- Project 1113-0, Statement 89 - Municipal Consulting) ($507.35 - Project 2207-0, Statement 3 - Miscellaneous Plat Review) Engineering Professional Services Account 001-155-515-310 2) 4,207.10 - Project 1710-24, Statement 1 - TUW Pump Stations 16A and 16B _ TUW Rebuild Lift Stations Account 432--367-538-656 3) 163.00 - Project SU-12807 -- Floor elevation certificate for TUW office building ($81.50 from Water Plant Professional Services Account 425-363-533-310 and $81.50 from Wastewater Professional Services Account 425-367-535-310) m) Public Works - Approval to purchase IBM computer equip- ment, under State contract in lieu of bidding, in the amount of $4,957.65, for use with the automated gas card system and for statistical analysis. n) Public Works - Approval to purchase three (3) mobile radios, under State contract in lieu of bidding, from Motorola, in the amount of $2,650.00, for three Parks and Recreation vehicles. 10 9/11/85 /pm 1 �I o) Utilities West - Approval to go to bid for the follow- ing: 1) Annual requirement of chlorine 2) Annual requirement of bulk pebble quicklime 3) Annual requirement of chemical grouting SYNOPSIE OF ACTION: APPROVED Items a) through _ i) and 1) , m) and n) . j) was REMOVED for discussion and APPROVED. k) was REMOVED for discussion and APPROVAL was given to pay Invoices 51263 and 51831. Invoices 52961 and 54295 will be held. o) was REMOVED for discussion and APPROVED. 3) was Agendized by Consent (See Page 4) C/M Stein MOVED APPROVAL of Items a) through i) and 1) , m) and n). SECONDED by C/M Gottesman. V/M Massaro requested REMOVING Item k) for discussion and Mr. Henning suggested REMOVING Item j) for discussion. Mayor Kravitz suggested o) be REMOVED for discussion as well. VOTE: ALL VOTED AYE k) V/M Massaro said she spoke with Mr. Humphrey and he is satisfied to have payments on the first two Invoices, 51263 and 51831, with Invoices 52961 and 54295 withheld temporarily. She so MOVED, SECONDED by C/M Stein. VOTE ALL VOTED AYE o) Mr. Henning said that #3), Annual requirement of chemical grout- ing, was Agendized by Consent and should be read into the record before action is taken. C/M Gottesman MOVED APPROVAL of Item o), SECONDED by C/M Munitz. VOTE:. ALL VOTED AYE j) Mr. Henning said his questions were answered by the Consultant City Planner and he recommended approval of Item j). C/M Stein MOVED APPROVAL of Item j, SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE GENERAL ADMINISTRATIVE/FINANCIAL 9. Tamarac Park Recreation Building -- Discussion and possible action on: a) Revised interior and exterior plans (tabled from 8/16/85) b) Other Council concerns regarding this building (tabled from 7/29/85) c) Release of payment in the amount of $6,400.00 to Tabares Truss Co. for trusses d). Payment of invoice in the amount of $275.00 to George E. Fink, P.E., for inspection of truss installation and repair from Account 344-761-52-310 (Parks & Recreation -- Professional Services) 11 9/11/85 /pm e) Payment of invoice in the amount of $3,316.95 to Anchor- age Air Conditioning for storage of units from Account 344-761-572-650 (Parks & Recreation - Construction in Progress) f) Payment of Invoice 008017 in the amount of $220.00 to Darby & Way for survey work from Account 344-761-572-310 (Parks & Recreation - Professional Services) g) City Council's interest in All Saints Lutheran Church, which is for sale, for use as a combination community/ recreation center. SYNOPSIS OF ACTION: TABLED a) , b) and e) . APPROVED d) and f ) . c) Authorization was given that the proper person is to be paid for the trusses as determined by the City Attorney. g) The Acting City Manager was authorized to follow up on this and report his findings to Council. a) Mr. Jahn said he sent Council a memo on 8/13/85 regarding this item and he requested that the change in height of all interior doors be made standard at 6' 8" instead of 8' 3". He said he also requested that the windows in the rear of the building facing the ballfield be a standard size in height. He said he Tape 3 requested that the present metal roof be changed to a Class A UL Fire -rated asphalt shingle. V/M Massaro said this discussion concerns a building that Council may want to change entirely and she suggested this item be Tabled. C/M Stein MOVED to TABLE the a) portion of this item, SECONDED by C/M Munitz. VOTE: ALL VOTED AYE b) C/M Stein MOVED to TABLE the b) portion of this item and V/M Massaro asked Mr. Jahn if there are toilet facilities at the park. Mr. Jahn said the problems that were addressed at a Special•Council meeting still remain; however, he was informed this morning that the man will still make an effort to do the sewer work. He recommended that if this man does not proceed within the next three days, that he be authorized to do the work himself. He said he would recommend that this is all one package and he would not recommend considering the bathrooms separately. SECONDED by V/M Massaro. VOTE: ALL VOTED AYE c) V/M Massaro asked Mr. Jahn if the amount of $6,400.00 was part of what was indicated to be approved as the City's obligation or was it the contractor's responsibility. Mr. Jahn said the Council authorized payment of this $6,400.00 on a joint check to George Feld and to Tabares Truss Co. He said Mr. Feld only endorsed the check himself and did not secure the second signature. He said he tried to stop payment on the check and was unsuccessful and the bank went back against Mr. Feld and corrected the situation. He said now, instead of making the check to Mr. Feld, he would like to pay Tabares Truss Co. directly. 12 9/11/85 ' /pm V/M Massaro asked Mr. Henning if the City is legally correct in doing this and Mr. Henning said yes. V/M Massaro MOVED that the proper person be paid for the trusses as determined by the City Attorney when he is comfortable that the City is protected. SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE d) V/M Massaro MOVED APPROVAL of the payment of $275.00 to George E. Fink, F.E., SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE e) Mr. Jahn recommended that payment of the invoice in the amount of $3,316.95 to Anchorage Air Conditioning for purchase of units, be Tabled until Council makes all the proper decisions concerning the building. V/M Massaro said for the record that there is a tax on this invoice of over $200.00 that does not belong on there. She MOVED to TABLE this item, SECONDED by C/M Munitz. VOTE: ALL VOTED AYE f) V/M Massaro MOVED to APPROVE payment of the Invoice 008017 in the amount of $220.00 to Darby & Way for survey work, SECONDED by C/M Munitz. V TE: ALL VOTED AYE g) C/M Gottesman MOVED that the Acting City Manager be authorized to follow up and report to Council, SECONDED by C/M Stein. VOTE: ALL -VOTED -AYE 10. Tamar.4c_Park - Ball.field #2 - Discussion and possible action on payment for services for installation of lighting. SYNOPSIS OF ACTION: TABLED until the City Attorney gives Council a written report. Mr. Henning said there have been inspections on the second lighting project and Mr. Jahn has recommended payment to the appropriate individuals. He said there is some dispute about payment to suppliers and he suggested if Council wishes to take action, the amount can be agreed to but the City Attorney's office should be.authorized to determine the appropriate parties to be paid. He said if not, the item should be Tabled. Mr. Jahn said this is has been on the Pre Agenda listing for almost one year and it concerns the ballpark lighting and the parking lot lights that were installed by J.P. Electric. He said while they were on the job, they went bankrupt but they did finish the job. He said it took them until two weeks ago to get the City the proper as -built plans so that the final inspection could be made. He said Mr. Henning has received a communication from another company who supplied J.P. Electric with some of the equipment and they are claiming some of the money. V/M Massaro MOVED to TABLE this item until the City Attorney gives Council a written report, SECONDED by C/M Munitz. VOTE: ALL VOTED AYE 13 9/11/85 /pm COMMUNITY DEVELOPMENT 42. Belfort - Discussion and possible action on: a) Release of a performance bond posted for public landscap- ing subject to receipt of a one-year warranty bond - Temp. Reso. #3747 b) Approval of the Water and Sewer Developers Agreement for Phase II. SYNOP5IB_OF_ACTION: RESOLUTION NO. R-85-284 PASSED. a) APPROVED Tem eso. 3747 releasing Letter of Credit #82582 in the amount of $3,340.00, posted for landscaping, subject to receipt of a one-year warranty bond in the amount of $835.00. b) APPROVED as amended. a) Mr. Henning read TeMp. Reso-.13747 by title. V/M Massaro MOVED APPROVAL of Temp. Reso. #3747 which releases the performance bond for public landscaping posted by Lennar Homes. SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE b) Mr. Henning said he reviewed the Water and Sewer Developers Agreement and recommended approval. Mr. Riefs, representative of Lennar, presented the following checks at the meeting: $78,392.00 - CIAC Fee 500.00 - ERC Review Fee Mr. Henning said this is a new Water and Sewer Developers Agree- ment, the property is in fee -simple to Lennar, has been platted and guaranteed revenues will start six months from today. He said the payment due today, with the deductions for the Marmon contributions, would be $78,392.00. Mr. Henning said today Council Tabled discussion concerning the fee of $500.00 being changed to $750.00 and that could affect this agreement. He said guaranteed revenues are set at the minimum service availability charge. He said if Council has any adjustments to the user rates to the homeowner's fees for water and sewer within the next few months, that would automatically change the guaranteed revenue amounts. C/M Stein MOVED to APPROVE the Water and Sewer Developers Agree- ment, SECONDED by C/M Gottesman. C/M Stein said if Mr. Riefs would agree at this meeting to pay an additional amount of $250.00 if Temp. Reso. #3760 is approved requiring $750.00 instead of $500.00 for ERC Review Fees. Mr. Riefs said they would so agree. V/M Massaro said the MOTION should be amended to include that agreement. C/M Stein ACCEPTED this amendment, as did C/M Gottesman as the SECOND. The Finance Department will invoice them for the additional amount of $250.00. VOTE: ALL VOTED AYE r IL. 1 14 9/11/85 /pm l 11 GENERAL ADMINISTRATIVELFINANCIAL 6. Publ_ic__WQrks - Bid Awards - Discussion and possible action to award bids for the following: a) Fuel storage facility - Overflow protection and monitor- ing well installation - Temp. Reso. #3753 b) Engine Analyzer - Temp. Reso. #3754 c) Motor fuel control system - Temp. Reso. #3755 d) Wheel balancer - TeMp. Reso. #3756. SYNOPSIS OF ACTIO: RESOLUTION NO. a) APPROVED awarding the bid RESOLUTION NO. to Sanchez Petroleum Equipment, RESOLUTION NO. Inc. in the amount of $6,200.00. RESOLUTION NO. b) APPROVED awarding the bid to Sun Electric Corp. in the amount of $3,517.50. c) APPROVED rejecting the bids and authorizing the appropriate City officials to enter negotiations with appropriate vendors and return to Council afterward. d) APPROVED awarding the bid to Sun Electric Corp. in the amount of $2,502.50. a) Mr. Henning read Temp. Reso. #3753 by title. R-85-272 PASSED. R-85-273 PASSED. R-85-274 PASSED. R-85-275 PASSED. V/M Massaro MOVED APPROVAL of Temp. Reso. #3753, SECONDED by C/M Munitz. TE: C/M Stein Aye C/M. Munitz Aye C/M Gottesman Absent V/M Massaro Aye Mayor Kravitz Aye b) Mr. Henning read Temp. Reso. #3754 by title. V/M Massaro MOVED APPROVAL of Temp. Reso.__#3754, SECONDED by C/M Stein. VQTE: C/M Stein Aye C/M Munitz Aye C/M Gottesman Absent V/M Massaro Aye Mayor Kravitz Aye c.) Mr. Henning read Temp. Reso. #3755 by title. V/M Massaro MOVED APPROVAL of Temp. Reso. #3755, authorizing the rejection of bids for the Motor Fuel Control System, Bid #85-31, authorizing the appropriate City officials to enter into negotiations with appropriate vendors for procurement of this item. She suggested that after an agreement is reached, this come back to Council. SECONDED by C/M Stein. TE: ALL VOTED AYE d) Mr. Henning read Temp. Reso. #3756 by title. 15 9/11/85 /pm V/M Massaro MOVED APPROVAL of Temp. Reso. A3756, SECONDED by C/M Munitz. VOTE ALL VOTED AYE 7. Insurance Coverage - Discussion and possible action on: a) Approval to go to bid for long-term disability insurance b) Approval to renew boiler and machinery coverage effective October 1, 1985. c) Approval to renew workers' compensation coverage effec- tive October 1, 1985. SYNOPSIS OF ACTION: APPROVED a) , b) and c) . a) Acting City Manager Perretti said in the past V/M Massaro has questioned the accruals of sick time and one of the areas that must be known is to discover if there are any insurance carriers that will accept the City's business. He said that is the purpose of going to bid for long-term disability insurance. He said the way the City has the present plan, there are many insurance carriers that have told the City officials that they refuse to put Fire and Police Department employees on long-term disability. He said the bids the City would seek would include both the Police and Fire Departments. V/M Massaro MOVED APPROVAL to go to bid for long-term disability insurance, SECONDED by C/M Munitz. VOTE: ALL VOTED AYE b) Mr. Perretti said this is just a renewal of the boiler and machiney insurance coverage and V/M Massaro MOVED APPROVAL to renew the boiler and machinery coverage at a cost of $6,921.00, SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE c) Mr. Perretti said this is just a renewal of the workers' compen- sation insurance and the estimated renewal premium is $218,701.00. C/M Stein MOVED APPROVAL of renewal of the workers' compensation coverage, SECONDED by V/M Massaro. VOTE: ALL VOTED AYE V/M Massaro asked Mr. Perretti if this premium could vary accord- ing to the audit and Mr. Perretti said yes. She said the figures mentioned would be estimates then and Mr. Perretti said they are always estimated because the year has not been completed and with workers' compensation rates, they are working with rates that are three years old. He said they catch up because of the workers' compensation cases being on the dockets for that long. He said the only thing they are requiring presently is a 25% down payment on or before 10/1/85 of $54,675.00. 16 9/11/85 /pm 13. Removal and Raplacement of Concrete Driveways -,(Project 84-32)_ - Discussion and possible action to authorize negotiations with vendors to perform this work as no bidders responded to solicitation.. (Bid #85-25). SYNOPSIS OF ACTION: TABLED and it should be determined what must be done to satisfy the people and fulfill the- City's obligation. Bill Greenwood, Utilities Director/City Engineer, said this pertains to the asphalt resurfacing project that was performed this year. He said 1-inch of asphalt was overlaid onto the main road which raised the.road surface. He said the asphalt drive- ways were repaired by an overlay of asphalt and pondings would occur in the driveways. He said there were also concrete drive- ways and these areas are puddling. He said the City previously authorized a.contract for replacement of concrete driveways; however, the monies were depleted. He said they tried to negotiate with the contractor who had the contract and he refused to have an addendum made to his existing contract. He said another bid was placed but none have been received. Mr. Greenwood said there was a question of which streets were being repaired and he distributed a list of these to Council. (See Attachment 1). He said they are requesting authorization to waive the bidding requirements and to negotiate with the contrac- tors for repair of the driveways. V/M Massaro MOVED to TABLE this item to determine what can be done to satisfy the people and fulfill the City's obligations, SECONDED by C/M Stein. VOTE: ALL VOTED AYE T MA C TILITIES 17. Utilities West - Wgter. Treatment Plant Im rave tints (Project_$4-.20) - Discussion and possible action to approve an agreement with James M. Montgomery Engineers to prepare a Preliminary Design Report (tabled from 7/29/85) SYNOPSIS OF ACTION: Authorization. was, given to James M. Montgomery to prepare a Preliminary Design Report for the sum of $8,700.00. Tape 4 Mr. Henning said there was an error in the referendum question, either typographical or in the computation, which had the City requesting approval of $400,000.00 instead of the amount of $1,400,000.00 which is needed. He said the referendum item was approved and is needed. He said the referendum amount could be resubmitted in. March for correction and approval. V/M Massaro MOVED to TABLE this -item, SECONDED by C/M Stein. Mr. Greenwood said he was requesting authorization for James M. Montgomery to prepare a Preliminary Design Report to list in detail what physically must be changed at the Water Treatment Plant. He said the Report will cost $8,700.00 and he suggested Council consider authorization for this since there is an urgency at the Water Treatment Plant. He said there are two filters in poor condition and the electrical system needs improvement. 17 9/11/85 /pm Mr. Greenwood said the intent of the Report is to detail exactly what the needed improvements are along with the estimated costs. Mr. Henning said if a new referendum is needed, this would assure that the right number is placed on the ballot. V/M Massaro asked what the Engineering Department based the original estimated cost on and Mr. Greenwood said they took the study from Williams, Hatfield & Stoner, which was limited to the electrical system and yard piping. He said there were other figures added to this as well. C/M Gottesman suggested that the study be authorized so that the necessary number for the referendum is known. V/M Massaro asked if this can wait for the March election or should a special election be held because of an urgent condition. Mr. Greenwood said the $400,000.00 amount has been allocated and there is $520,000.00 in the account presently. He said this is in accord with Williams, Hatfield & Stoner's five-year account. He said if this study is approved by Council this morning, it should be received in approximately 60 days and the design and rehab of the filters and electrical system can then be worked on, not exceed- ing a total expenditure of $400,000.00. He said by that time, the regular election will take place in March. C/M Munitz questioned whether this was a feasible expenditure since this might not supply a serviceable water and sewer system. Mr. Henning said the City has authorization of $400,000.00 which was approved by the voters and Council can take action on that in the future. He said there are various stages to get this system built and a study is necessary to begin. He said the study will determine the right number for the referendum and, after the study is done, a design must be done either before or after the March election. He said after the design is done, it is bid to contractors. V/M Massaro WITHDREW her MOTION to TABLE this item and C/M Stein WITHDREW his SECOND for that MOTION. C/M Gottesman asked if this work can be done in stages and Mr. Henning said Montgomery Engineers are one of the City's consulting engineers and Council may hire them to do this report regardless of the referendum. He said if Council wants to have phases on a project it can only cost $150,000.00 per phase. C/M Stein MOVED to APPROVE Project 84-20, authorizing James M. Montgomery Engineers to prepare a Preliminary Design Report for the sum of $8,700.00. SECONDED by C/M Gottesman. TE: ALL VOTED AYE 18. Utilities West - Tract 27 Water Storage Tank and Pump Station (Project 84-19 - Discussion and possible action on: a) Engineering Plans b) Architectural design for pumphouse c) Landscape Plan (tabled from 8/16/85) SYNQPOIS OF ACTION: a) APPROVED expenditures to Williams, Hatfield & Stoner to modify and revise the engineering plans in the amount of $4,000.00. I 18 9/11/85 /pm SYNOPSIS, OF ACTION: Cont'd. b) APPROVED the amount of $8,000.00 to make the pumphouse architecturally pleasing. c) TABLED. a) V/M Massaro asked if this was an R & R project and Mr. Greenwood said it is 12% R & R and 88% CIAC. V/M Massaro said there are no monies here that are coming from the bond issue and Mr. Greenwood said that is correct. Mr. Greenwood said at the last meeting, Council approved two profiles for the proposed 2 million gallon water storage tank. He said one has an overall profile of 33 feet with a 120-foot diameter and the other one has a 28-foot, 4-inch overall height with a',160-foot diameter. He said they met with the Beautifica- tion Committee, Williams, Hatfield & Stoner and the developer and the authorization was to go for two alternate bids. How- ever, he said, in that authorization, the additional monies that were being requested were not for revising the engineering plans. He said they are, therefore, requesting an expenditure with Williams, Hatfield & Stoner to modify the engineering plans and revisions in the amount of $4,000.00. b) Mr. Greenwood said after meeting with the Beautification Com- mittee, the developers and in-house staff, it has been deter- mined that the tank can be made into an appealing structure by making the pump house architecturally pleasing. V/M Massaro asked Mr. Greenwood if he feels the work necessary is worth $12,000.00 and Mr. Greenwood said the main work is on the pump house. He said the existing design of the pump house has no architectural treatment whatsoever and, since this is being put near a residential community and in the City's proposed park area on Tract 27, it is highly recommended that the Beautifica- tion Committee's recommendations be approved. C/M Stein said presently it is not known which one of these tanks is being approved and Mr. Greenwood said that is correct, -they-will be alternate bids. Florence Bochenek, Chairperson of the Beautification Committee, said they had a Workshop Meeting concerning this item with all the people mentioned before and they realized that either of the proposed projects would have to be disguised. She said there are, many ways of disguising this building to make it look like stucco with an architectural design to look like a part of the entrance way to the structure. V/M Massaro said'in the memo from the Engineering Department, it was recommended that Council grant a Special Exception Permit to install the water storage tank and pump facility and authorize staff to advertise for bids for a new water storage tank and pump station. She said that Special Exception should be gotten for the water tank on the site for a future Council meeting. V/M Massaro MOVED to authorize the approval of $4,000.00 for design and modification of the tank and $8,000.00 for the architectural design. She said this would be an addition of $12,000.00 to the contract of Williams, Hatfield & Stoner and, when these modifications are completed, the utilities Director will return to go to bid. She said this would be APPROVAL of both a) and b) of this item. 19 9/11/85 /pm Mr. Greenwood said at the last regular Council Meeting, the Special Exception was granted by the Council. V/M Massaro requested a copy of this approval. C/M Gotteman SECONDED the MOTION. C/M Munitz questioned where this money is coming from and Mr. Greenwood said from CIAC 432-363-537-647. VOTE: ALL VOTED AYE EDITOR'S NOTE: Resolution 85-241 adopted on July 24, 1985, granted an Exception Permit in lieu of satisfying certain platting requirements in Chapter 20 of the Code to install this tank and pump station. c) V/M Massaro MOVED to TABLE the Landscape Plan, SECONDED by C/M Gottesman. VOTE: ALL -VOTED AYE 19. Utilities West - Turnpike Utility Relocation_(Pr�ct 84-9) - Temp. Reso. #3758 - Discussion and possible action to award a bid for construction of two 150-foot sleeves for water and sewer mains inside an existing box culvert under Florida's Turnpike. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-85-276 PASSED. awarding the bid to Lanzo Corporation in the amount of $40,000.00. The appropriate City officials were authorized to execute the contract. C/M Gottesman read Temp. Reso. #37_58 by title. V/M Massaro questioned Mr. Greenwood concerning a memo from Bob Foy, Deputy City Engineer, which stated that the Turnpike Commission received bids to widen Commercial Boulevard. Mr. Greenwood said Mr. Foy was referring to the Turnpike being widened to 6 lanes. V/M Massaro said this entire amount will come from R & R and Mr. Greenwood concurred. V/M Massaro MOVED APPROVAL of Temp. Reso._#37.58. Mr. Henning said he would like the Resolution to state also that the appropriate City officials are authorized to execute the contract. V/M Massaro requested that be included in her MOTION. SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE 20. Utilities West - Administration -and Maintenance agiLdinq Pro'ect 85-20 - Discussion and possible action on: a) Approval to advertise for proposals for design of this project. b) Authorization to establish a selection committee to review and interview interested firms. SYNOPSIS O_F_ACT1ON: TABLED a) and b) ui,)t .l the City has moved forward on the bonds. 20 9/11/85 /Piro a) Mr. Greenwood said they are not requesting expenditure of funds & for this project, but authorization to advertise for architec-- b) tural engineering services and in b), that a committee be formed to select the most qualified consultant. V/M Massaro said this would concern the bonding issue and Mr. Greenwood said yes. V/M Massaro MOVED that anything concerning the bond issue be TABLED until such time that the City has moved forward on the bond issue. SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE 21. Utilities Wegt Revenue 5gnds - Discussion and possible action to authorize charging past and future expenses for capital improvements as a loan against the revenue bond proceeds instead of charges to the Utilities West Pro- fessional Services account. SYNOPSIS OF ACTION: The Finance Department was authorized to set up a loan account against the bond issue that will be floated. Authorization was given to charge past and future (providing the projects have already been approved) expenses for capital improvements as a loan against the revenue bond proceeds instead of charges to the Utilities West Professional Services account. V/M Massaro said if there have been charges, there should not have been and the City should not create any charges until such time as the bonding has reached a point of moving forward. She MOVED to TABLED until the City is further along. Mr. Henning said the City is reaching the end of the fiscal year and the payments have come from this year's budget with their expenditures. He said the Finance Director is requesting Council authorize him to set up a loan account and next year Council could forgive the loan and recognize the expenditure. V/M.Massaro said this is a debt and could be set up as such against the bond that will be issued; however, no further deficit should be created. She WITHDREW her MOTION because what the City Attorney has just said changes the situation. Mayor Kravitz noted that there was no SECOND to her MOTION. V/M Massaro MOVED to authorize the Finance Department to set up a loan account against the bond issue that will be floated and no further -deficit is.to be created in that account. Mayor Kravitz said it is stated on the agenda as "past and future" expenses and V/M Massaro said she wants the word "future" removed. Frank Etheredge, Finance Director, said there are certain on- going expenditures now. Mr. Greenwood said these include the Grant projects and CIAC projects and V/M Massaro said anything that has already been authorized would be automatically put into this account but nothing new. 21 9/11/85 /Pm �J C/M Munitz said he feels there is an amendment necessary to the City's budget where items that have been charged as expenses are actually not expenses since it is money that has been paid out in anticipation of it being put back when the bond money is received. He said he believes the budget, as it is now pre- pared, is incorrect since it includes as an expense items which are supposed to be a receivable from money from the bond pro- ceeds. V/M Massaro said the Finance Director is doing just that and C/M Stein SECONDED the MOTION. VOTE: ALL VOTED AYE 23. JjtilitieS East -- Tamarac Lakes Sanitary Sewer Coll-ec ion System o' ct 84--5 - Temn. Reso. #3759 - Discussion and possible action to accept and approve a utility easement offered by Tamarac Enterprises, Inc. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-85-277 PASSED. as amended. Mr. Henning read Temp. Reso,_#3759 by title. Mr. Henning said he would recommend on the last page of the Exhibit the word "Proposed" be deleted from Utility Easement since this will be the actual easement. He said he reviewed the easement and recommends approval. V/M Massaro MOVED APPROVAL of Temp. Reso. 13759 as amended, SECONDED by C/M Stein. TE: ALL VOTED AYE 56. [� JW -- Reconstruction of Lift _Station_ 16.-A - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent on Page 2 APPROVED estimate of $54,500.00 from Envirocon of Florida, Inc. Mr. Greenwood said this project was previously advertised and the City did not receive any bids. He said Council then author- ized staff to go out for negotiations and he has requested three letter -type proposals for this project from three different firms. He said Envirocon of Florida is the lowest proposal at $54,500.00, the second was Walton -Cottrell Associates at $55,250.00 and the third was Trio Development Corporation at $58,500.00. Mr. Greenwood said he is, therefore, requesting authorization to award the bid to Envirocon of Florida. V/M Massaro asked if these were negotiated figures and Mr. Greenwood said they were contacted by telephone, the plans, specifications and original bid packages were submitted to them and requested that they submit a letter -type proposal based upon the plans and specs. V/M Massaro asked if it was anticipated it would come to this vast sum of money and Mr. Greenwood said an estimate made approximately 18 months ago was for approximately $50,000.00. V/M Massaro said it is most important that this project move forward and she MOVED to APPROVE the estimate of Envirocon of Florida for $54,500.00 to reconstruct Lift Station 16-A. C/M Gottesman SECONDED. VOTE: ALL_VOTED_AYE I'] I fi 22 9/11/85 /pm 1 [J 1-1 62. TUW User Charges - Discussion and possible action. SYNOPSISOF ACTION: Agendized by Consent on Page 4 TABLED. The City Attorney is to prepare a Resolution for a future meeting. Mr. Greenwood said James M_. Montgomery presented their Rate Study to Council at a previous meeting and the recommended alternate to be implemented was No. 2. He said they are requesting the authorization which the City Attorney would need to officially adopt this User Charge system. Mr. Henning said he is in the process of writing the Rate Resolution and it is necessary to know which numbers to use. C/M Munitz said at the meeting where the Rate Study was present- ed, there were two questions asked of Mr. Humphrey, Montgomery's representative, which he was supposed to have sent to Council by 9/9/85. He said the questions regarded the 25% surcharge on the wholesale and bulk uses as well as the Homeowners' Associations. He said Mr. Humphrey felt both of those items would hinder any grants that the City might receive and he was supposed to check whether or not that statement was legally correct. Mr. Henning said there is a residential rate for the homes, condos, apartments, etc. and a commercial rate. He said one significant difference in the commerical rate is that there is no maximum sewage charge for commercial. He asked if there is a third rate that has been used for the recreation centers at the condominiums and Mr. Greenwood did not know. Mr. Henning said C/M Munitz is requesting that the staff pursue charging the recreation centers the residential rate. C/M Munitz said he understood that this was being done in the Past since there was a ruling by the Florida Supreme Court which stated that the clubhouses are actually an extension of a residential living room and, therefore, is residential. V/M Massaro said this should be reviewed further and Mr. Henning said he will draft a.Resolution for a future meeting based on staff and consultant's recommendations for the rates. C/M Stein said another area of concern is that the non -City users were not charged the 25% surcharge because of the grant situation. V/M Massaro MOVED to,TABLE;this item, SECONDED by C/M Munitz. VOTE ALL VOTED AYE Mayor,Krav,itz.recessed.the meeting to 1:30 P.M. for lunch. Tape 5 Mayor Kravitz called the meeting to order at 1:30 P.M. and all were present. GENEB& ADMINISTRATIYE/FINANCIA-L 53. BroWard Cgunty Leaguef es - "Hands Across Broward" -g-rday.10/5185 - Temp. so. #3762 -- Discussion and possible action. YNOP I F ACTION: Agendized by Consent on Page 1 APPROVED. RESOLUTION NO. R-85-286 PASSED. 23 9/11/85 /pm 0 Mayor Kravitz said he received correspondence asking that Council consider a Resolution supporting "Hands Across Broward Day" on 10/5/85. Mr. Henning read Temp. Reso. #3762 by title. Mr. Henning said the intent of this is to have everyone hold hands along the beach from Hallandale to Deerfield Beach and this is an endorsement of Tamarac residents to be involved in this project. He said this is not necessarily a City employee function but people are encouraged to get involved on their own time. Mayor Kravitz said Acting City Manager Perretti is involved with this program. Mr. Perretti said this is a Saturday and is being coordinated through the Parks and Recreation Department; and they are hopeful there will be a busload of children to go. He said this was the idea of the present Chairperson of the United Way, they anticipate national publicity and hope to get into the Book of World Records for the longest human chain of hands. He urged interested people contact the Parks and Recreation Supervisor. He said the area allocated for Tamarac is between Atlantic Blvd. and Commercial Blvd. C/M Gottesman MOVED APPROVAL of Temp, eso. 3762, SECONDED by C/M Munitz. TE: ALL VOTED_ AYE 54. BSO Offer -- Acceptance of Letter f r Information - Dis- cussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent on Page 1 Council acknowledged receipt of Sheriff Navarro's proposal which will be taken under advisement. Mayor Kravitz said Council has received copies of Sheriff Navarro's proposal and he requested this be Agendized by Consent for action at a future meeting. V/M Massaro MOVED to acknowledge receipt of Sheriff Navarro's proposal which will be taken under advisement. SECONDED by C/M Gottesman. Acting City Manager Perretti suggested that because of the Budget, it is important to have the meeting this month so that this can be resolved before the public hearings. Mayor Kravitz said he doubted that this could be resolved within the very near future. V/M Massaro said this is the most serious matter the City is facing and she felt there is a great deal to be learned before this meeting is called. VOTE: AL VOTED AYE rl L. 1 1 J 24 9/11/85 l /Pm �/ I 1 BOARDS AND COMMITTEES 55. Board of Adjustment - . Announcement of_y_a_cgacv of Me b r Discussion and possible action. YNOP I F ACTION: Agendized by Consent on Page 2 Mayor Kravitz announced a vacancy on this board. Mayor Kravitz announced a vacancy on this board and urged all interested parties contact the City Clerk's office for an application. GENERAL ADMINISTRATIVE/FINANCIAL 57. Budget &ffLep4ment -- Fxom TUW Retained Earningis to TUW Administration Professi. nal Services - Discussion and possible action. SYNOPSIS ACTION: Agendized by Consent on Page 2 APPROVED. (See Attachment 2). V/M Massaro said there is a budget adjustment amendment nece- ssary and she MOVED APPROVAL (See Attachment 2). SECONDED by C/M Munitz. VOTE: ALL VOTED AYE 58. Budggt Amendment,tQ—t-he Parks and Rggreation Ca ital Machinexy and Eggipmgnt (for 3-mobile s for Pa ks and_agoreation„_yehicles) - Discussion and possible action. SYNOPSIS OF„ACTION: Agendized by Consent on Page 2 APPROVED. (See Attachment 3). V/M Massaro asked if this is Capital Machinery and Equipment and is going into Parks and Recreation. It would appear to be a large grass cutter. Mr. Henning said there are 3 mobile radios and V/M Massaro said that is not a capital improvement. Mr. Henning said it might be easier not to take this out of that account but the money is in the General Fund. V/M Massaro said she feels this belongs in the Parks and Recreation Account out of the impact fees. Mr. Henning said it would be the same as buying any piece of equipment such as the air conditioners, etc. * V/M Massaro asked the Acting City Manager to correct this and she MOVED that $2,756.00 from Line Item Account #001 872--581-901 of the budget named Parks and Recreation Capital Equipment be transferred to Line Item Account #001 761-572-643 named Parks and Recreation Capital Machinery and Equipment. She said the Line Item Account number for the budget named Parks and Recrea- tion Capital Equipment is not "901." but must be researched by the Finance Director and the Acting City Manager. V/M Massaro said the Finance Department must also research the amount of $106.00 to be sure it is charged properly. SECONDED by C/M Gottesman. TE: ALL V TED YE * EDIT 'NOTE: As per the Motion made, the Acting City Manager was authorized to revise the account from which the monies are to be taken. For the revision, as prepared by the Finance Director, see Attachment 3). 25 9/11/85 /pm 59. Budget Amendment - From Contingences to Public- Works Office Equipment - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent on Page 3 APPROVED. (See Attachment 4). V/M Massaro MOVED APPROVAL of the budget amendment (See Attach- ment 4), SECONDED by C/M Munitz. VOTE: ALL VOTED AYE 60. Budget Amendment - From TUW Retained Earnings to TUW Office Equipment - Discussion and possible action. SYNOPSIS F ACTION: Agendized by Consent on Page 3 APPROVED. (See Attachment 5). V/M Massaro MOVED APPROVAL of the budget amendment (See Attach- ment 5), SECONDED by C/M Stein. VOTE: ALL VOTED AYE 61. grass Cgtcher Bid-Rejecttgn - Repeal of Resolution 85-169 - Temp. Reso 3761 - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent on Page 3 APPROVED repealing Resolution RESOLUTION NO. R-85-287 PASSED. 85-169, which had awarded Bid #85-14 for grass catcher equipment. Mr. Henning read Temp. Reso 3761 by title. Mr. Henning said there was an award of Bid #85-14, which was an attachment that goes with the Hustler Riding Mower that loaded the grass cuttings into a truck. He said this is not needed as much as a new piece of equipment, which happens to be less expensive. He said the payment was never made and the supplier has agreed to cancel the order and this would cancel the Resolu- tion withdrawing that bid award. He said the Public Works Director and Acting City Manager will handle the purchase of the new piece of equipment which costs under $2,000.00. V/M Massaro MOVED APPROVAL of Temp. Reso 3761, SECONDED by C/M Gottesman. uOTE: ALL VOTED AYE 63. Budget Ampndment - From TUW Retained Earnings to TUW Office u" m nt - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent on Page 4 APPROVED. (See Attachment 6). V/M Massaro MOVED APPROVAL (See Attachment 6), SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE 26 9/11/85 /pm PUBLIC HEARINGS 32. Mobil Oil Corporation - Rezoning_ Petition #12.-Z-885 - Temp. Ord. #1219 - Discussion and possible action to rezone the lands at the southwest corner of Commercial Boulevard and State Road 7 from B-1 (Neighborhood Business) to B-3 (General Business). First Reading. a) Acceptance of Affidavit of Publication, Affidavit of Mailing and Affidavit of Posting. b) Consideration of application SYNOPSISQF ACTION: a) ACCEPTED Affidavits of Publication, Mailing and Posting. b) APPROVED Temp. Ord. #1219 on first reading with conditions Public hearing was held. a) Mr. Henning read Temp. Ord. #1219 by title. Richard Rubin, Consultant City Planner, said the application is for a filling station located at the southwest corner of Commercial Blvd. and 441. He said this project has been processed by the City for over one year and the zoning is present- ly B-1. He said technically, this is a non -conforming use since filling stations are only allowed in B-2 by Special Exception and B-3. Mr. Rubin said the applicant has tried to bring the project together simultaneously and the first step was achieved yesterday when the applicant received a Variance from the Board of Adjust- ment for the lot size and the usage as proposed on the site. He said that usage is: four pump islands, a convenience store with less than 1,000 square feet and a car wash. Mr. Rubin said one of the reasons staff supported the Variance is that they agreed not to place the canopy into the front yard setback which, aesthetically, would be more pleasing along Commercial Blvd. He said the applicant agreed to plat the land and, in time, the proper rights -of -way available can be verified for future widening of both of those major roads. Mr. Rubin said the third step is for the applicant to obtain site plan approval which cannot be done until the zoning is proper, which is the reason this is before Council today. He said the application is for rezoning to B-3. He said since the applicant requested this for a filling station, Council could ask the applicant to agree to voluntary Deed Restrictions limiting this to that purpose. V/M Massaro said it would be limited to that purpose with a convenience store not more than 850 square feet. Mr. Rubin said the site plan shows the following: 1. The four driveways there now will be reduced to three 2. The driveways will be narrowed 3. The landscaping will be upgraded to comply with the City's present Code 4. The Beautification Plans will require the Beautification Committee's approval Mayor Kravitz opened and closed the public hearing with no response. V/M Massaro asked the applicant if he has any objection to restricting this to a gas station with a convenience store not to exceed 850 square feet of floor space. The applicant said he cannot answer that because Mobil is doing the platting and he will conform to whatever the City wants. 27 9/11/85 /pm Mr. Henning said those documents could be prepared for second reading and C/M Stein MOVED APPROVAL of T-emR^Ord. 11219 on first reading. SECONDED by V/M Massaro. The MOTION and SECOND were WITHDRAWN. Emerson Allsworth, representing the applicant, said the Variance granted by the Board of Adjustment was conditioned on the uses listed. a) C/M Stein MOVED ACCEPTANCE of the Affidavits of Publication, Mailing and Posting, SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE b) C/M Stein amended his previous MOTION for APPROVAL of TTgmp. Ord. #1219 on first reading subject to receipt of the Deed Restrictions as stated today. SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE 33. University Community_ Hospital - RezoniS Petition #17-Z-85 - Temp. O d. #1220 - Discussion and possible action to rezone lands at the rear of the Hospital property, extending approximately 336.7-feet west of the west property line of the Hospital, from R-4A (Planned Apartments) to B--6 (Business District), utilizing the 5% flexibility rule for commercial development in residential land use area not to exceed 10 acres. 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 of Publication, Mailing and Posting b) APPROVED Temp. O,rd-.-#1220 on first reading subject to a written stipulation that this property will be used for parking only to be considered by Council at second reading. a) Mr. Henning read Temp. Ord. #1220 by title. Mayor Kravitz asked Mr. Henning if there could be a possible conflict of interest since he is a Trustee of the Hospital and Mr. Henning said there have been decisions from the Ethics Department of the Secretary of State that a member of the Board of Trustees of a hospital is not an adequate conflict of interest to prevent an elected official from voting. He said assuming that Mayor Kravitz has no financial interest relating to this item, Mayor Kravitz would not be disqualified from voting. Mayor Kravitz opened the public hearing. V/M Massaro asked if this land is to be used only for parking and Michael Shiff, representative of University Community Hospital, said it is the intention of the hospital, as indicated on the sketch he has submitted today, to utilize that property for parking. He said he does not believe the Ordinance restricts the use to that and he is not sure the hospital would want the City to do that. 28 9/11/85 /pm Mr. Shiff said the site planning for the hospital facilities to this date has been such that the medical office building, which this is being requested for, is going to be located in approximately this location. Mr. Shiff said the Burn Center, which Council approved the rezoning for previously, was not going to be located here. He said they found that there would not be enough parking space to the needs of the medical office building, the burn center satisfy and the existing hospital. He said the needs do meet the require- ments today but will not when the facilities are completed. He said that is why the sketch indicates this will be used for parking but he hesitated to state that this will be only used for parking. V/M Massaro said she is not sure this would be reviewed in the same manner if this B-6 zoning was for something other than just parking as they have indicated. She said she doubts Council would object to the area being rezoned B-6 because the land adjacent to it is B-6. She said there is supposed to be a stipulation on this similar to Stipulation #19 and she questioned whether they have this. Mr. Shiff said that document has been prepared by Mr. McClosky and was Federal Expressed to HCA's headquarters. Mr. Henning said he received something but was not certain it was on this item. V/M Massaro said it could be that in the stipulation it could be included that if they wanted a different use, they would have to come back to Council for reconsideration. Mr. Shiff said he does not believe the hospital would mind that type of a stipulation and it would also include the Unity of Title. C/M Stein referred to the sketch and said there is a parcel zoned R-4A which showed land zoned R-2 beneath it. V/M Massaro said the property zoned R-2 is not their property and Mr. Shiff said the B-6 is a piece of property just rezoned about four months ago. He said the property zoned R-4A.is the property the hospital has just purchased of which they are asking to rezone a small portion. Mr. Shiff said there is no problem and the hospital would stipulate to the use of,parking as long as they have the right to come back in the future for Council's permission to change that if necessary. V/M Massaro said he could come back for reconsideration if necessary. Mayor Kravitz opened the public hearing and Jack Stelzer, former Councilman, asked to. address the City Attorney when he returned to his seat. Mayor Kravitz said he would grant that privilege and closed the public .hearing with no further response. Tape 6 C/M Stein MOVED to ACCEPT the Affidavis of Publication, Mailing and Posting. SECONDED by C/M Gottesman. VOTE; ALL VOTED -AYE Jack Stelzer, former Councilman, asked Mr. Henning if the Mayor or his family has received free services from the hospital and he questioned whether this would disqualify Mayor Kravitz from voting. Mr. Henning said disqualification primarily is a function of the influence over the person who is voting and there is no monetary value in being a Trustee of a hospital. He said he does not feel that would disqualify him but there are requirements that if an elected official receives gifts in excess of $25.00 to declare what the gifts are. Mr. Henning said his first impression is this would not disqualify the Mayor from voting but he was not certain. 29 9/11/85 /pm b) C/M Stein MOVED APPROVAL of Temp. Ord. #1220 on first reading, subject to a written stipulation that this property will be used for parking only to be considered by Council at second reading. SECONDED by V/M Massaro. V TE: ALL V TED AYE Mayor Kravitz said for the record that no Trustee of the hospital, nor any member of the Trustee's family, receives any free medical attention. Mr. Henning said he received a document by Federal Express from from Mr. McClosky of Ruden, Barnett; however, the language was identical to the language from the community center. He said they are offering a Unity of Title stipulating that this will be used the same way the hospital is used. LEGAL AFFAIR 26. City torn Professional ervices - Discussion and possible action on payment to the law offices of Alan F. Ruf for consulting attorney and City prosecution services and transfer of funds from Contingency to fund these invoices. SYNOPSIS OF ACTIO : TABLED to the 9/26/85 Council meeting. Mr. Henning said there are two invoices from Alan Ruf's law offices, one in the amount of $873.75, which is the first bill for the City Prosecutor. He said there have been several cases filed already and have been successful with several Code cases. He said there was a Pit Bull Dog conviction on the leash law and Judge Shutter had a stiff fine on that case. Mr. Henning said the other item is an invoice from Mr. Ruf in the amount of $2,637.00. He said the total is $3,510.75 and these monies are not in the Professional Services Account from which they would normally be paid. He said that is why he is asking for a transfer from Contingency to cover these two bills. V/M Massaro asked why these bills have not been processed through the Finance Department and Mr. Henning said typically the item goes to the Finance Department and the Consent Agenda. He said these were sent to the Finance Department but was not broken down completely. V/M Massaro said everything should be processed through the Finance Department with direction that everything should be broken down and charged where they belong. V/M Massaro asked Mr. Ruf if it would be agreeable with him to hold this payment until everything is processed properly and Mr. Ruf said yes. V/M Massaro MOVED to TABLE this item to the 9/26/85 Council meeting, SECONDED by C/M Stein. VOTE: ALL_VOTED_AYE 1 30 9/11/85 /pm 27. _Alan F. Ruf - Consulting City Attorn - Discussion and possible action to increase his hourly rate for non -court time from $60.00 to $65.00 per hour effective 10/1/85 (court time remains at $75.00 per hour). SS,YNOPS15-OF ACTION: APPROVED. Mr. Henning said there was a memo from Alan Ruf with a cover memo from him stating that $65.00 per hour is a very reasonable amount for the City. He said Mr. Ruf has many years experience with the City and he recommended approval. V/M Massaro -MOVED APPROVAL of the rate of-$65.00 per hour for Mr. Ruf's future services and the court costs will remain at $75.00 per hour. She said this will be effective 10/1/85. SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE 29. charter Board - Discussion and possible action on the following requests from the Charter Board: a) That they be designated the responsibility of transmitting Charter Amendments to the Secretary of State (tabled from 8/16/85) b) That they be permitted to approve payment of all expenses relating to their business without obtaining Council approval. SYNOPSIS OF ACTION: a) TABLED for Council's receipt of a report from the Charter Board Aide. b) REMOVED from the agenda. a) C/M Munitz asked if an amendment to the. Charter would be necessary to put this into effect and Mr. Henning said the State Statutes say that the City is responsib.le.and Council has treated this as a responsibility of the City Clerk. He said this has been discussed many times at Charter Board meetings and he feels the duties have been carried out. He said if the Council wishes to delegate these duties to the Charter Board it would be legal to do so without a Charter -Amendment. Melanie Reynolds, Charter Board Aide, said the Charter Board has been dissatisfied for the past three years concerning the way the Charter Amendments have been handled; and, therefore, the Charter Board felt it would facilitate having a revised Charter if the Charter Board handled it themselves. She said this time they did not get the revised Charter until many months after the Amendments had been passed. Acting City Manager Perretti said the only area in which he disagrees is taking the responsibility away from an individual who reports to the City Manager. He said if this responsibility is given to the Charter Board, what would happen if the Charter Board does not send the Amendments in? He questioned to whom the Charter Board would be held accountable. He said in this case, if there is a Department Head held accountable for a particular matter and it is brought to the attention of the City Manager, the City Manager can take action against that person. C/M Stein said there have been memos from the City Attorney which have verified that, contrary to the innuendoes, the Amendments have been sent to the Secretary of State with no violations and they have been done in a timely manner. He said he sees no reason at this time to take this duty away from the City Clerk and he felt it would be a humiliation. 31 9/11/85 /pm Mrs. Reynolds said she disagrees with that because the City Clerk was asked to notify the Charter Board when these Amendments were sent to the Secretary of State. She said the City Clerk was asked a few years ago to have a copy of her correspondence to the Secretary of State sent to the Charter Board and she refused to do this until the Charter Board again requested her file. She said the Charter Board has the people to report to and if there is not a current Charter, the people are not being served. C/M Munitz asked Mr. Perretti if there is any implication here that the City Clerk has not been fulfilling the responsibilities of her position. Mr. Perretti said to the best of his knowledge, with the investigations he has made, the City Clerk has fulfilled her obligations. He said the only thing she might not have done was copy the Charter Board but the Secretary of State was notified properly. V/M Massaro said she would like Mrs. Reynolds to give Council specific allegations in writing so that an honest judgment can be made on this. She said if there is a necessity, a copy will be given to the City Clerk. V/M Massaro MOVED to TABLE this item for a report from Mrs. Reynolds noting specific allegations, SECONDED by C/M Stein. VOTE: ALL V TED AYE b) Mrs. Reynolds noted that the Charter Board did not request that this be on the agenda. C/M Stein MOVED to REMOVE this item from the agenda, SECONDED by V/M Massaro. UTE: ALL V TED YE 28. T-rip to New York n 2 28 85 by Ell F.-Johnson, former City Manager, and Stephen Wood former Finance Director - Dis- cussion and possible action and status report on a request by the Charter Board for the following information: a) What was the purpose of the trip b) Was the trip authorized c) By whom and the date authorized d) Was a report given to the City Council (tabled from 7/10/85) SYNOPSIS OF ACTION: Status report was given by Zeke Feldman, Charter Board member. Action was TABLED for an official report from the Charter Board. Zeke Feldman, Charter Board member, said this is a final report on the trip to New York by Messrs. Johnson and Wood on 2/28/85 and 3/1/85 inclusive. He said this trip was charged to the Account 4001-179--519-319 entitled "Bond Acquisition Costs". He said an investigation into this trip was authorized by the Charter Board and was submitted to the Council who then requested a full report. Mr. Feldman said the findings were as follows: 1. The meeting was set up by Stanley Ross of Dean Witter Reynolds, Inc. of Miami. 32 9/11/85 /pm 2.- This meeting was not authorized by the Mayor or Council as far as the investigation could find. 3. No report was made of this trip, which was substantiated by a memo from David Feldheim, Law Clerk. 4. The cost of this trip for both Messrs. Johnson and Wood for hotel, meals, plane fares and miscellaneous totals $1,096.07. 5. Mr. Johnson was paid $198.90 and Mr. Wood was paid $221.17 leaving $676.00 air fare paid by the City. 6. The sum total of this trip to New York was $1,957.00 and the recommendation is that this amount should be recovered. Mr. Feldman said if Council feels it is too costly to recover this amount, he felt an alternative would be to have Council publicly censure this trip for the record. Mr. Henning read David Feldheim's 7/23/85 memo into the record: "To Members of the Charter Board --Pursuant to -Mr. Zeke Feldman's request as to whether there was a written report, I have looked through the files of the Finance Department and City Manager. I have not been able to find a memo, report or other correspondence relating to the New York trip. On Monday, March 4, 1985, the collapse of ESM was first revealed. The City Council conducted Special Meetings on March 6th and March 8th. At those meetings, the events surrounding the failure of ESM, the postponement of the bond offering and the hiring of Special Counsel, were the only items discussed." Mr. Henning said the Charter provides that the Charter Board may make investigations and, once findings are made, a report is to be made to the City Council and Council then has 30 days to respond to those charges for appropriate action.- He said otherwise, the Charter Board is authorized to goto the appropriate authorities including the State Attorney. Mr. Henning asked Mr. Feldman if his conclusions are his personal recommendations as a Charter Board member. Mr. Feldman said they are his findings as an member authorized to investigate. Mr. Henning asked Mr. Feldman if there was an official Charter Board meeting at which his findings were discussed and Mr. Feldman said they were reported at an official Charter Board meeting. Mr. Henning asked if the conclusion of the Charter Board was the recommendation that is in Mr. Feldman's memo. Mr. Feldman said the man who is given the authority to make the investigation is also given the authority to make the final findings and not the Board. Mr. Henning said he has a problem with that theory. Mr. Henning asked if the Charter Board attorney was involved at all in the investigation or recommendations and Mr. Feldman said he was present at the time it was discussed at the Charter Board meeting. He said the Charter Board attorney was consulted before the findings were made. C/M Stein said there should be an official recommendation from the Charter Board to the Council as called for in the Charter, allowing the Council 30 days to act upon it. Mr. Henning said 8.028 of the Charter states that not only is the Charter Board authorized to investigate specific violations, the Charter Board is to conduct a public.hearing with the results of the investigation filed, etc. 33 9/11/85 /pm Morris Haber, Charter Board Chairman, said Mr. Feldman was invited to make his report to the Council by the Council and the Charter Board then authorized Mr. Feldman to investigate the matter. He said Mr. Feldman made the report to the Charter Board and he is now making it to Council. He said this is given to Council for their information. He said the Charter Board will act on the report and send Council an official copy of what they feel should be done. C/M Stein MOVED to TABLE this item until an official report is received from the Charter Board. SECONDED by V/M Massaro. VOTE• ALL VOTED -AYE V/M Massaro said that Mr. Ross made the reservations, etc., and she asked if Dean Witter Reynolds can be held responsible for this money. Mr. Henning said he does not doubt if the reservations were made by Dean Witter but the actual payments for their particular charges were made by Messrs. Wood and Johnson. V/M Massaro said there is no proof of Council's approval and C/M Stein said there is a question of whether Council was required to approve the trip. He said if it could be proved that they did not have Council authority to make this trip, there could be a case. COMMUNITY DEVELOPMENT 37. Tamarac Town Square - Revised Site Plan - TeMp. Reso. #3746 - Discussion and possible action on a revised site plan reflecting a cooler box for Bageland Restaurant. SYNOPSIS F ACTION: APPROVED. The Chief Building Official is responsible to check that there is nothing above the roof line. RESOLUTION NO. R-85-279 PASSED. Mr. Henning read Dew. Reso. #3746 by title. I Chief Building Official Jahn said the staff and Planning Commission recommends approval of this with the conditions that if anything was added above the roof line, it be concealed as per the City Code. V/M Massaro MOVED APPROVAL of Temp. Reso. #3746, with the condition that the Chief Building Official is responsible to check that there is nothing above the roof line. SECONDED by C/M Stein. The petitioner submitted a check in the amount of $282.10 for guaranteed revenues owed for 9/1/85 to 10/1/85. Tape 7 VOTE• ALL VOTED AYE 38. FP&L P ogn x ubstation - Landscape Plans - Discussion and possible action on landscape plans for the following locations: a) Intersection of NW 88 Avenue and Southgate Boulevard b) Substation on the north side of Southgate Boulevard SYNOPSIS OF ACTION: ACCEPTED the Landscape Plan for the east and west side of Pine Island Rd. and the revised landscape plan for the substation. 34 9/11/85 /pm a) John Easterling, representative of FP&L, said they are working on & the site now with the landscape contractor and they have made some b) revisions to the substation site itself. Richard Rubin, Consultant City Planner, said there are three drawings, one of the Phoenix substation itself with palm trees in the rear facing the canal and they are staggered shade trees, 20 live oaks, in now placing lieu of the a second row of palm trees. V/M Massaro questioned.the heighth of the trees and Mr. Easterling said they are 20 to 22-feet in height. Mr. Rubin said that is the only change to that drawing. Mr. Rubin said on Pine Island Rd. and Southgate Blvd., FP&L agreed to place in the ground 10 trees on the east side on a berm. V/M Mas.saro asked if that land on the other side will be graded for that distance and Mr. Easterling said this is on the east side. Mr. Rubin said this is a new berm to be placed in there to provide a gateway to the City. Mr. Rubin said.they are respecting the existing asphalt path by dropping the.berm to allow the path to go through. V/M Massaro questioned what this path was for and Mr. Rubin said the City installed that many years ago as a jogging/biking trail. V/M Massaro expressed concern that this path not be buried in any way since there are children that use this. Mr. Rubin noted that the berm is only 3-feet high. V/M Massaro said in the area where the walk is located, it is better to have a lower berm just for the aesthetic quality and still preserve the safety of the children. Mr. Easterling said this could be taken care of. Mr. Rubin said originally FP&L offered to provide the City 10 additional shade trees the same height on the west side of Pine Island Rd. He said they have -now agreed, at Council's request, to also install them in the ground. He said the landscape plan shows a berm on the west side that would be reconstructed from existing sod and FP&L agreed to sod to the berm and 5-feet on the west and north side of the berm as well as installing the 10 shade trees. Mr. Perretti asked Mr. Rubin if the City will have the respons- ibility to maintain this and Mr. Rubin said yes, all except their property. V/M Massaro MOVED to ACCEPT the Landscape Plans for the east and west side of Pine Island Rd. and.the revised Landscape Plan for the substation. SECONDED by C/M Stein. VOTE• ALL VOTED AYE 39. Jehovah's_Wibnesses - Discussion and possible action on a request to permit an on -site, live-in trailer for three (3) months at 9904 NW 77 Street. SYNOPSIS OF ACTION: DENIED. Chief Building Official Jahn said the site plan was recommended for Council approval by the former Chief Building Official about one year ago. He said he was hesitant to do that and requested this be brought before Council. He said he is almost certain the zoning at that location is I (Institutional).. Ward Sawyer, Coordinator of the three congregations that meet at the Kingdom Hall of the Jehovah's Witnesses, said this is being requested for a traveling representative of the congregation who has a travel trailer which he uses for traveling to various congregations. 35 9/11/85 /pm Mr. Sawyer said it could be only for 10 weeks that he would need this permit. He said the Kingdom Hall is about 60-feet wide and this trailer is about 39-feet; therefore, it would be about 30-feet from the center of the building. He said their purpose is to have the trailer connected to the water, electric, etc. of the Kingdom Hall with a fence around it with shrubbery and trees. Vickie Beech, resident, said she felt this would open the door for many problems in the future and she suggested denial of the request. Mr. Henning asked Mr. Sawyer if Council were to grant this, when would the trailer come back again and Mr. Sawyer said in about 6 months. Lawrence Gould, resident, said if this trailer is only going to be there for a short time, he questioned why the shrubbery and trees were needed. He said this seems like a permanent situation and could create many problems. Mr. Henning said this is Institutional zoning; however, if this were residential zoning and the trailer was going to be there even overnight, the Code would require the type of screening that was discussed. V/M Massaro said there are problems concerning trailers during hurricanes since they are a jeopardy. She said there could be an accessory building there. C/M Stein said there are no trailer parks in Tamarac and, although he was reluctant to vote against any religious institution, he felt some other provisions should be made. He MOVED to DENY this request, V/M Massaro echoed C/M Stein's sentiments and SECONDED the MOTION. Mr. Henning said for the record that the Council's objection was to the trailer not the residence there because that zoning would permit the residence of someone by the Church, if desired. VOTE: ALL VOTED AYE 40. Publix - Sign Waivers - Discussion and possible action to waive the provisions of the sign ordinance for the automated banking window terminals at the following Publix locations: a) Tamarac Town Square - Temp. Reso. #3750 b) Sunshine Plaza - Tgp._Reso. #3751 c) McNab Plaza - Temp. Reso. #3752 SYNOPSIS QF ACTION: RESOLUTION NO. R-85-280 PASSED. APPROVED a), b) and RESOLUTION NO. R-85-281 PASSED. c) with conditions. RESOLUTION NO. R-85-282 PASSED. a) Mr. Henning read Temp. Reso. #3750 by title. Florence Bochenek, Chairperson of the Beautification Committee, said this had to go to Council for waiver because this is a differ- ent type of sign than that in the City's criteria. She said this is a sign that is lit with different type of lettering than the rest of the plaza. She said they agreed to conform to the color of the plaza. 36 9/11/85 /pm C/M Stein asked where these signs are located .and Mrs. Bochenek said these signs would be hung from left to right facing the parking lot. She said the Beautification Committee has no objec- tion and recommend approval. V/M Massaro MOVED APPROVAL of Temp. Reso.3750 with the condition that the sign complies with the plans and specifications submitted t.o.the.Beaut.ification Committee.. SECONDED by C/M Stein. VOTE: ALL VOTED AYE b) Mr. Henning read Temp. Reso. #3.751.by title. V/M Massaro MOVED APPROVAL of Temp, -Reso. #3751 with the condition that the sign complies with the plans and specifications submitted to the Beautification Committee. SECONDED by C/M Munitz. TE: ALL VOTED AYE c) Mr. Henning read Temp. Reso. #-3752 by title. V/M Massaro MOVED APPROVAL of Temp. Reso. #3752 with the condition that the sign complies with the plans and specifications submitted ta:the Beautification Committee. SECONDED by C/M Munitz. -VDTE : ALL VOTED AYE 34,.Wp dmont Model Sales:Facility at Tract 56 - Discussion and possible action to renew a model sales permit pursuant to Stipulation #11 for Woodmont Tracts 47, 50, 54, 57, 60, 70, 71 .and:72B. SYNOPSIS OF ACTION: TABLED to the 9/26/85. Council meeting. The permit is extended to that date. Mr. Henning said there is a Stipulation regarding having a common model sales office for 256 units. He said the check for $300.00 for this sales office has been submitted. V/M Massaro noted that the letter written to Woodmont stated a payment was due of $460.0.0 and she questioned if another check was received for this total amount. Carol Barbuto, Assistant City Clerk, said another check was not received but they were asked for clarification of their certifica- tion of the number of units. She said it was noted that 3 tracts were not listed now that were listed previously and, after further inquiry, they said they had no units for sale in those 3 tracts. V/M Massaro said there are 3 tracts not accounted for. Mrs. Barbuto explained that Woodmont.is not selling any units in these 3 tracts since they are sold out. V/M Massaro MOVED.to TABLE this item to the next regular meeting for more information on this. SECONDED by C/M Stein. TE: ALL VOTED_ AYE 37 9/11/85 /pm GENERAL ADMI I TRATI E FI A CI 8. Pension Fund - Discussion and possible action on: a) Funding for pension expenses (tabled from 7/24/85) b) Muller, Mintz, Kornreich, Caldwell, Casey, Crosland Bramnick, P.A. 1) May and June, 1985 invoices in the amount of $2,981.10 2) July, 1985 invoice in the amount of $1,504.44 (tabled from 7/29/85) c) Facciani & Company invoice in the amount of $445.50 8/19/85. SYNOPSIS OF ACTION: a) The City Attorney was instructed to draft an Ordinance as required to reflect that all expenses per- taining to the Pension Board will come from the Pension Fund. b) and c) TABLED. dated a) Mr. Henning said this would be a policy decision whether or not the Pension Fund or Council will pay for the Pension Board's professional services. He said the b) and c) portions of this item will be based on the decision on the a) portion. Mr. Henning said it has already been determined that if the Pension Plan pays its own expenses and is short at the end of the year, in order to be eligible for the reimbursement from the State for monies for police and fire, the City must establish appropriate funding. He said as employers, the City will make contributions to the Pension Plan based on a percentage of the salaries; however, it is just a question of what that percentage is. He said there is also a question of whether the Pension Board should have their own budget. Mayor Kravitz said there was a memo which stated that if the Pension Plan spends its own funds, those funds must be reimbursed by the City. Mr. Henning said that memo from the actuaries indicated that the answer to a) could be either way and be legal if investments are not adequate. C/M Munitz noted that this situation merely requires paying now as opposed to paying in the future. V/M Massaro said if the fund makes enough money to pay their own way, the City does not have to pay this. She said this is prudent business to let them pay their own way. She said they do not have the right to spend what they wish since it should be approved by Council before any money is spent because Council must make up the deficit if necessary. C/M Stein said these funds should come from the Pension Fund. Morris Haber, Charter Board Chairman, said the Pension Fund is a deposit fund that is drawing interest and if the Pension Board withdraws money and uses it, this is money lost. He said the Pension Board should not be allowed to use that money. C/M Stein MOVED to instruct the City Attorney to draft the neces- sary Ordinance as required to reflect that all expenses pertaining to the Pension Board should come from the Pension Fund. SECONDED by V/M Massaro. VOTE: ALL VOTED AYE b) Mr. Henning suggested TABLING this portion of the item and C/M Stein so MOVED, SECONDED by C/M Munitz. VOTE• ALL VOTED AYE 38 9/11/85 /pm 1 c) C/M Stein MOVED to TABLE this portion of the item, SECONDED by C/M Munitz. VOT ALL VOTED AYE 14. Broward Le e of Cities Business - Discussion and possible action. Y OP T 0 ACTION: Mayor Kravitz gave a report. Mayor Kravitz said that there will be a dinner meeting at Justin's on 9/19/85; however, there is a Council Public Hearing on the Budget that night and it is doubtful Council will attend. 15., Northwest ouncil of Ma ors - Discussion and possible action. Y OP T OF ACTIO : Mayor Kravitz gave a report. Tape 8 Mayor Kravitz said discussion at the last meeting concerned all cities charging for activities to defray the costs of the Parks and Recreation programs. He said the discussion also concerned the difficulties municipalities are having with insurance. He said the item concerning the weighted voting was Tabled for the Broward League of Cities. He said the next meeting will be held in Planta- tion and there are 10 cities involved with the Northwest Council of Mayors presently. Mayor Kravitz said the Acting City Manager can implement an Inter - local Agreement with the County concerning school crossing guards. C MMUNITY DEVELOPMENT 41. Lakes gf--- a r' a ills - 5.1Ln aiv r- Temp. Reso. #3743 - Discussion and possible action to renew a waiver of the provisions of the sign ordinance for a temporary over- sized ground sign at 6180 Rock Island Road. ,SYNOPSIS` F ACTION: APPROVED RESOLUTION NO. R-85-283 PASSED. subject to the sign not exceeding 96 square feet. APPROVAL is for one year from 9/14/85 and to expire 9/14/86,. Mr. Henning read Temp. Reso. #3743 by title. V/M Massaro MOVED APPROVAL of Temp. Reso. #3743 for one year from 9/14/85 and to expire on 9/14/86, SECONDED by C/M Munitz. D : ALL VOTED AYE 43. Lakesidg ApaLtp_ents - fond elease - Temp. Reso. #3748 - Discussion and possible action to release a warranty bond posted for public improvements. sy Op T 'F ACTION: APPROVED releasing Bond 42-298-838 in the amount of $32,027.21. RESOLUTION NO. R-85-285 PASSED. Mr. Henning read Tem . Reso. #3748 by title. 39 9/11/85 /pm �°' V/M Massaro MOVED APPROVAL of Temp Reso. #3748, SECONDED by C/M Gottesman. VOTE: ALL VOTED AXE 44. Frvbergh_Firemen's Fund Building. - Bond Release - T-g-MP,,- _Reso. #3749 - Discussion and possible action to release a warranty bond posted for public improvements. SYNOPSIS OF ACTION: APPROVED calling Bond #N4490261 in the amount of $2,326.00 posted for public improvements because of arrears in recording fees. Mr. Henning read Temp. eso #3749 by title. C/M Gottesman MOVED to APPROVE Temp. Reso. 3749, SECONDED by C/M Munitz. Mr. Henning said in the backup material received from the Finance Department, it was noted that there is $85.50 owed for Recording Fees. C/M Gottesman WITHDREW his MOTION and C/M Munitz WITHDREW his SECOND. At the suggestion of the Vice Mayor to call the bond, Mr. Henning explained that a surety bond is not posted for the purpose of assuring that the publication costs are paid. V/M Massaro MOVED to call the bond, SECONDED by C/M Stein. VOTE:ALL- -TED AYE Mayor Kravitz recessed the meeting to 6:00 P.M. for the Public Hearings. Mayor Kravitz called the meeting to order at 6:00 P.M. and all were present. PUBLIC HEARING 48. Pit Bull -Dogs - Temp. Ord. . #1209- Discussion and possible action to create Article II of Chapter 4 of the Code to provide for the regulation of these dogs. Second Reading. SYNOPSIS OF ACTION: APPROVED ORDINANCE NO. 0-85-40 PASSED. on second and final reading as amended. Public Hearing was held. Mr. Henning read Temp, Ord. #1209 by title. Mr. Henning said through the cooperation of the General Counsel' office, he invited Bill Bosch, Assistant General Counsel, who wa the author of the County Ordinance. He said he felt Council mi have some questions as to the history of the County Ordinance an the procedures they went through. 40 9/11/85 /pm Mr. Henning said at first reading of Tamarac's Ordinance there was extensive discussion concerning the unique nature of the pit bull dog concerning severe attacks on people. He said the regulations concerning the pit bull dog's confinement are: 1) they must be confined either in a house, building or covered pen which is roofed. 2) if the dog is not in one of those two locations, he is to be _ Mr. attended on a leash by a person. Henning said the existing Ordinance before Council today states that it must be a 3-foot leash; however, Tamarac's current leash law provides for an 8-foot leash. He said he feels the 3-foot leash should be changed to 8-feet. He said the Ordinance provides for insurance which could be a rider to homeowners insurance. Mr. Henning said since Tamarac had the first reading of this Ordinance, the County passed their Ordinance yesterday. He said if there were no pit bull dog Ordinance in Tamarac, the County Ordin- ance would apply. He said if there is a conflicting Ordinance in ..Tamarac, than the City's Ordinance would supersede the County Ordinance. C/M Stein said he sponsored this Ordinance and he asked if the City is requiring one million dollars worth of insurance as the County is and Mr. Henning said yes. Mayor -Kravitz suggested Council hear from Mr. Bosch and Mr. Henning explained that Mr. Bosch is not present as an advocate for or against the Ordinance but is an attorney for a government organization who worked on this as an assignment. William Bosch, Assistant General Counsel of Broward County, said in June of this year he was given the assignment of drafting the pit bull dog Ordinance for the County. He said in way of research, he called every municipality that has anything resembling a pit bull dog Ordinance and, from that, he drafted the County's Ordinance. He said the Ordinance is similar to the proposed Ordinance in Tamarac in that it requires one million dollars liability insurance, the dog must be muzzled and leashed and any time that it is not securely confined indoors, it must be kept in a locked pen with a.6-foot high fence and a top. Mr. Bosch said there is also an additional provision, which he was uncertain that Tamarac's proposed Ordinance has, that the animals must be registered with the Animal Control Division. He said in that way they are assured that the individuals that own these dogs are aware of the requirements since they must sign a sworn state- ment that they are aware and agree to abide by them. He said this also gives them an indication of how many dogs of this breed there are and assurance that they have the liability insurance required. Mr. Bosch said since this Ordinance was passed yesterday, he received numerous phone calls from pit bull dog owners who are complaining about the million dollar liability insurance require- ment. He said there seems to be.some confusion about whether or not they can obtain this insurance. He said they were under the assumption that they could since they received estimates that, with the homeowner's policy, it would only be approximately $12.00 to $38.00..per year extra. He said people who rent and do not own a home,:,would pay from $150.00 to $450.00 per year. He said he was told today, however, that no insurance company will insure pit bull .dogs and the County is research this further. V/M Massaro said that speaks for itself when no insurance company will cover these dogs and that reinforces the need for this Ordin- ance. 41 9/11/85 /pm V Mr. Henning said there are two areas where the County Ordinance differs from the City Ordinance; first, is the definition of a "pit bull dog". He said the City's Ordinance indicates on Page 2, Line 24, that "any dog which is 1/8 or more pit bull...", which has been the definition in other cities. He said that has been the weakest link in the Ordinance. He said the County's phrase concerning the definition states, "The term pit bull, as used in this division shall refer to any dog which exhibits those dis- tinguishing characteristics which substantially conform with the standards established by the American Kennel Club for the American Staffordshire Terriers or Staffordshire Bull Terriers or substantially conform with the standards established by the United Kennel Club for American Pit Bull Terriers." He said as an Exhibit, there is an attachment of 2 or 3 pages of descriptions which are more sophisticated that the City's explanation. He said this could probably be incorporated into the City's Ordinance as well. Mr. Henning said the County used a standard penalty which is 60 days and a maximum $500.00 fine, which would require appearance at County Court to determine the fine as set by a Judge. He said the City does not provide for jail time on the first two offenses but there is a minimum fine of $50.00 up to $500.00 on the first penalty, $100.00 minimum on the second penalty and the third offense would be $100.00 to $500.00 and 60 days in jail. V/M Massaro said she has a strong objection to that since there is open defiance to this. C/M Stein said he has been told that the strongest jaws on any animal are those of a pit bull dog and he expressed concern for the children in the City. He suggested that the City Ordinance conform to the County Ordinance concerning the penalties. V/M Massaro agreed and Mr. Henning said this could be done. Mayor Kravitz opened the public hearing. Holly Blaine, resident, said the City has a law stating that there cannot be a fence or enclosure in many parts of Tamarac because of zoning. Mr. Henning said those areas would be so designated by deed restrictions and an owner of a pit bull dog has two other alternatives. He said they can keep the dog in the house or can have the dog on a leash as long as the dog is attended by someone. He said there are also deed restrictions in Tamarac where children or pets are prohibit- ed. He said this is not in conflict since there are alternatives. V/M Massaro said deed restrictions are not enforced by the City but by the Homeowners Association of each section. Ms. Blaine said this Ordinance should be for all animals or none. Vickie Beech, resident, questioned the length of the leash allowed and Mr. Henning said it would be 8-feet to conform to present law. Mayor Kravitz closed the public hearing with no further response. Mr. Henning said the County Ordinance does not provide any speci- fic length leash. C/M Stein MOVED APPROVAL of Temp. Ord. #1209 on second and final reading with the amendment of the leash being 8-feet long instead of 3-feet as stated now. He said the fines and penalties are to be amended to conform to the County Ordinance, along with the definition of "pit bull dogs". SECONDED by C/M Gottesman. VOTE: A L VOTED AYE 42 9/11/85 /pm 1 1 1 49. Emploveg Pension Plan - Tem d. #1210 - Discussion and possible action to amend the Pension Plan to provide for an additional member to the Administrative Board to be elected from the White Collar/Blue Collar Bargaining Unit (Federation of Public Employees). Second Reading. SYNOPSIS -OF ACTION: APPROVED ORDINANCE NO. 0-85-41 PASSED. on second and final reading. Public Hearing was held. Mr. Henning read Temp. Ord.__#1210 by title. Mr. Henning said this would add one member to the Pension Board. He said there is already a general employees member and that is being changed to a Supervisory/Confidential/Managerial employee and a seat is being added for the White Collar/Blue Collar Bargaining Unit. Mayor Kravitz opened and closed the public hearing with no response. V/M Massaro MOVED APPROVAL of Temp. Ord. 12101 SECONDED by C/M Gottesman. VOTE: 50. Lightnins Warning stems -- Temp. Ord. #1211. - Discussion and possible action to amend Code Section 16--3 regulating use of lightning warning systems on golf courses. Second Reading. SYNOPSIS OF ACTION_: APPROVED ORDINANCE NO. 0-85-42 PASSED. on second and final reading. Public Hearing was held. Mr. Henning read TeMp. Ord 1211 by title. Mr. Henning said this is a manual and not an automatic alarm and they have requested that the City permit alarms to be activated when there is a weather warning for golfers, such as, lightning storms, etc. Mayor Kravitz opened and closed the public hearing with no response. C/M Gottesman MOVED APPROVAL of Temp. Ord. #1211 on second and final reading, SECONDED by C/M Stein. V/M Massaro asked how this alarm will work and Mr. Henning said there is a noise Ordinance in the City that prohibits certain noise levels and this is just a manual noise maker when there is a weather warning of dangerous conditions. He said there is a Permit Procedure built into the Ordinance so that it is known where these alarms are. He said they are only allowed for approximately 15 seconds and then they must be turned off for 15 minutes so that they do not run indefinitely. VOTE: I ALL VOTED AYE 51..Fire Access Lanes - Temp. Ord. 11174 - Discussion and possible action to amend Chapter 15 of the Code to provide a penalty for parking in or obstructing fire access lanes and to amend Chapter 18 to provide specific requirements for these lanes. First Reading. ,SYNOPSIS OF -ACTION: APPROVED on first reading as amended. Public Hearing was held. 43 9/11/85 /pm J Mr. Henning read Temp. Ord. #1174 by title. Mr. Henning said the latest revision is 8/30/85 and there are two parts to this Ordinance. He said the first part sets up the fire access lanes both in residential and non-residential developments and the second portion of the Ordinance makes it illegal to park in a fire access lane. He said this would provide the same penal- ties as any other parking ticket. Richard Rubin, Consultant City Planner, said the last page has a schematic sketch attached to the Ordinance. He said basically this Ordinance does two major things; first, for residential developments, it requires that the driveway in front of a project must be wide enough to allow a fire truck to go back and forth and where buildings are classified as multiple family, there must be a 30-foot wide access area for the fire truck to reach the rear of the building. He said no parking spaces are allowed along the driveway so that a fire truck can get though to the back. C/M Gottesman questioned about a turning radius for the fire truck and Mr. Rubin said that is covered. Mr. Rubin said for a residential area, they feel it is a good Ordinance and they re- commend approval as proposed. Mr. Rubin said for commercial structures, however, this is new legislation and the effect would be that in the future, any project classified as non-residential would be required to prohibit parking in the front of a shopping center separating the main drive from the building. He said at the Planning Commission meeting on 9/4/85, an applicant had an office building structure, which would only have one single entrance door, unlike a shopping center. He said the Planning Commission suggested amending the Ordinance to include specific reference to office buildings allow- ing a 25-foot wide lane instead of a continuous lane. Mr. Rubin said after discussion with the Fire Department, they showed him the need for a fire access area greater than 25 feet. He said 25 feet could still block traffic and they recommended that Council accept the memo dated 9/6/85 with the inclusion that the word "paved to service 25-feet in width" to "paved to service 100-feet in width". He said that would allow two fire trucks, a pumper and an aerial ladder direct access to the building. Tape 9 V/M Massaro said the commercial has a fire lane all the way and the office building would only require a 100-foot fire lane. Mayor Kravitz opened the public hearing. Hamel Gutierrez, a registered architect who spoke on this item at the Planning Com- mission, said they are working on an office project and they confronted this situation. He said they have a small office building, about 100-feet by 100-feet, two -stories in height with driveways on all.four sides. He said he met with the Fire Depart ment and they said this is a good situation from their perspec- tive; however, this does not comply with the Ordinance now. Mr. Henning said it should be determined if Council wants a hard law or something like the Board of Adjustment or Council having a waiver procedure under special circumstances. 44 9/11/85 /Pm 11\' V/M Massaro asked Mr. Gutierrez what problem this will create for him and he said when a project is being reduced from four to two stories, the footprint must be increased on the ground floor and, at that point, the space becomes more scarce. He said the parking requirements must be used more efficiently which, when a fire lane of 100-f-eet is required, would do away with all the parking on one side of the building. V/M Massaro asked if there was room on the other side of the building for parking and Mr. Rubin said his site is very tight and if the parking spaces in front of the building are lost, it would reduce the size of this building and might cause an economic hardship for developing this building. Mr. Rubin displayed a sketch of the proposed building and V/M Massaro said it is attractive. Dave Viele, Fire Department, said they want this Ordinance adopted so they can gain access to all of these buildings for the protection of the people there. He said they realize they cannot cater to every developer but lives and property are their main concern, He said they need to have full width on commercial and not less than 100-feet on an office building for fire access. Bernie Hart, resident, said if there are 25-feet instead of 100- feet along this office building with cars parked in the other areas, the ladders could not be put up at any other edge of that building. Mayor Kravitz closed the public hearing with no further response. V/M Massaro said she agrees with the Fire Department and the Consultant City Planner that an office building should have not less than 100-feet unless the building itself is less. She said all commercial buildings should have the entire front as a fire lane and the Ordinance should be amended to reflect these changes. Mr. Henning said he will impose the memo paragraph of 9/6/85 into the Ordinance with the change of "100-feet in length" from "25- feet in length". V/M Massaro MOVED to APPROVE Temp_. Ord. #1174 on first reading, as amended with the 9/6/85 memo. SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE 52. Off -Street Parking Requirements - Tem d. #1205 - Discussion and possible action to amend Section 18-5(13) of the Code to provide for more restrictive parking requirements for indoor athletic clubs and gymnasiums. First Reading. SYNOPSIS OF ACTION: APPROVED on first reading as revised on 8/12/85. Public Hearing was held. Mr. Henning read Temp. Or #1205 by title. Mr. Henning said this amends the parking requirements for the health -clubs. He said the shopping centers that have health clubs tend to have a great deal of parking impacted on them and the standard parking requirement is one space for 200-square feet of space in a commercial area. He said this provides for one space per 150-square feet, which is more restrictive, for various areas where there are health clubs. C/M Stein left the meeting at this point. 45 9/11/85 /Pm V/M Massaro asked if this affects the present health clubs and Mr. Rubin said the purpose of the Ordinance is that the Planning Commission felt that health clubs do need more parking. He said the purpose of this Ordinance is two -fold. Any new development coming into the City proposing to have indoor athletic facilities such as spas, saunas, etc. must comply with this new Ordinance anct the existing health clubs, if they expand to additional bays, would utilize these standards. V/M Massaro asked if the existing health clubs expand, would they lose their standing on the original part of the building and Mr. Henning said technically that would come under Non -Conforming Uses. He said Council could consider that for each individual property owner as they come up. Mayor Kravitz opened and closed the public hearing with no response. V/M Massaro MOVED APPROVAL of Temp,. Ord. #1205, as revised on 8/12/85 on first reading, SECONDED by C/M Gottesman. VOTE: ALL VOTED_._AYE GENERAL ADMINISTRATIVE/FINANCIAL 11. Municipal Complex - Discussion and possible action on: a) Status report of Preconstruction Review Committee b) Hiring of Construction Manager as an Assistant to the City Manager (tabled from 8/16/85) c) Authorization to charge architectural expenses as a loan against the General Obligation Bond proceeds instead of charges to the General Fund d) Payment of Miller & Meier Invoice F1307 in the amount of $35,191.66 (tabled from 7/29/85) SYNOPSIS OF ACTION: a) C/M Gottesman gave a report. b) TABLED. c) TABLED with a solution before the 9/26/85 Council meeting d) TABLED. a) C/M Gottesman said approximately two weeks ago, the Acting City Manager, City Attorney, Consultant City Attorney, Chief Building Official, Utilities Director/City Engineer and he discussed the drawings for the municipal complex. He said it was agreed by all that the drawings could not be accepted and the Police Station grossly exceeded the square footage originally recommended in the plans. He said the City Hall went from 36,000 to 46,000 square feet in addition to other objectionable items. C/M Gottesman said they felt at that time that the City should divorce itself from Miller & Meier since they could not change any of the plans without a substantial increase in engineering costs. He said it was determined that the City Attorney could advise Miller & Meier of the City's intention to end the relationship. Mr. Henning said since the last regular Council meeting, Alan Ruf, Consultant City Attorney, has researched the minutes to reach a position before approaching Miller & Meier. 46 9/11/85 /pm �� 1 rl� 1 Mr. Henning said he would like to continue with the investigation and approach the architects with a settlement offer while salvaging as much as possible from what has been done so far. He said most of Council would like a refund of 50% or more of the fees but he is doubtful that will happen. He said they could ask the architects to finish the job at a discounted price the way Council wants it. C/M Gottesman said the architects said they would do that and they submitted a formal proposal for $200,000.00. He said that is much more than a new architect would request. Mr. Henning said before they can proceed to see what it will cost to substitute, it must be determined what the cost of settlement will be. He said he will approach Miller & Meier before the next regular meeting concerning this. Mr. Henning said Mr. Etheredge, the Finance Director, said in his memo that if the City starts from the beginning again, the orig- inal dollars cannot be recouped from the bond issue. He said he feels whatever is salvaged is available from the bond proceeds. V/M Massaro said the basic parts of the plans can be used. C/M Munitz said the memo of Mr. Etheredge dated 9/11/85, states that .the charges cannot be duplicated; that is, if services of one architect are being charged against -the bond.proceeds, the same services from another architect against the bond issue cannot be changed. He said it was the City's intention from the beginning of planning for a municipal center that any expenses made with reference to anything that involved the bond issue was to be set up as a loan to be repaid to the General Fund whenever the bonds were issued. C/M Gottesman asked if only modification of the original services by a new architect are done, could this be charged against the bond issue. Mr. Henning said this must be kept in mind when settlement negotiations are reached. C/M Gottesman said he feels this should proceed as rapidly as.possible. b) V/M Massaro MOVED to TABLE the hiring of a Construction Manager, SECONDED by C/M Gottesman. VOTE• C/M Stein Absent C/M Munitz Aye C/M Gottesman Aye V/M.Massaro Aye Mayor Kravitz Aye c) Mr. Henning suggested Council approve the authorization to charge architectural expenses as a loan against the General Obligation Bond proceeds instead -of charges to the General Fund. Mayor Kravitz asked what would happen if the -bonds are never issued and Mr. Henning said this October there is approximately .8 mill for debt service being approved. He said that can be addressed when and if the building is abandoned. C/M Munitz said for the time being it does not belong as a charge to the General Fund. V/M Massaro said the City may have to scrap part of that money in order to be eligible to use the bond money for the rest. She said it would be a credit against the monies that were paid out. C/M Munitz said whatever money was spent is gone and that money should be charged against the potential money which is hopefully coming in from the bond issue. He said if the bond issue is not realized it will be time enough to charge it against the General Fund. 47 9/11/85 /pm C/M Munitz said he suggested to the Finance Director that an amendment be given to the General Fund Budget indicating those items that were included as an expense, which, hopefully, will be refunded. Mr. Rubin said the programming and schematic design stages that the architect prepared will assist any architect who might be chosen and those items could be assigned to the bonds. V/M Massaro MOVED to TABLE this item to be resolved before the 9/26/85 Council meeting, SECONDED by C/M Gottesman. VOTE d) Mr. Henning the amount SECONDED by VOTE• C/M Stein Absent C/M Munitz Nay C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye suggested payment of Miller & Meier's Invoice F1307 in of $35,191.66 be Tabled and V/M Massaro so MOVED, C/M Munitz. C/M Stein Absent C/M Munitz Aye C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye LEGAL AFFAIRS 24. Albert Mill r vs. it of Tamarac - Discussion and possible action on payment of the City's insurance attorneys. SYNOPSIS OF ACTION: TABLED. Mr. Henning said Al Miller was the Chief Building Official a few years ago and he had claims against the City stating he resigned under illegal circumstances. He said Mr. Miller filed a law suit and the case has been found in favor of the City by summary judg- ment. He said there is insurance coverage with a $2,500.00 deductible. He said the insurance company has been paid some money in the past, they are now requesting $485.03 which is part of the deductible and he recommended payment. V/M Massaro asked if the City is paying the attorney fees on the deductible and Mr. Henning said the attorney bills the insurance carrier and the carrier charges the City. He said they usually want the check payable to the attorney. He said it costs the City up to $2,500.00 per case and this particular case cost the City $2,400.00. V/M Massaro said this is peculiar because the insurance attorney defends the insurance company and the deductible was never paid for an attorney's work. She said Mr. Henning should review this further. She said the attorneys are to protect the insurance company and the City should not be paying them. 9/11/85 /pm i� L11 Tape 10 C/M Gottesman MOVED to TABLE this item so that the City Attorney can review this further, SECONDED by C/M Munitz. VOTE: C/M Stein Absent C/M Munitz Aye C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye 25. ESM Litigat.ian - Discussion and possible action on: a) Recommendation by Morgan, Lewis & Bockius to approve pooling of certain litigation costs with the public body -group. -b)-Morgan., Lewis .& Bockius bill in the amount of $27,464.80 SYNOPSIS OF ACTION: a) APPROVED. b) Agendized by Consent on Page 3 and APPROVED. a) Mr. Henning said the public body group referred to concerns the several cities, counties and government agencies suing Alexander Grant & Co. He said -the Judge has organized the plaintiffs into different groups and the attorneys are anxious to have approval for sharing the expenses. He said there is a pro rated formula which amounts to 7.16%of the cost and the attorneys have suggested that there might be a possibility of as much as a quarter of a milliondollars shared cost. He said Tamarac's cost would be approximately $18,000.00 of that to cover expert wit- nesses, depositions, photo copy, paralegal costs, etc. He said he would recommend approval of this. Mayor Kravitz said he .read the partners of Alexander Grant & Co. will be held liable and Mr. Henning said the lawyers are reluc- tant to give percentages but they do seem to be making progress. V/M Massaro asked if there is any progress with Bradford and Mr. Henning said that case is in.New York and seems to be moving along. V/M Massaro said she feels the City should move on with this and share the costs and she so MOVED, SECONDED by C/M Gottesman. VOTE: C/M Stein Absent C/M Munitz Aye C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye b) Mr. Henning said Council had budgeted $50,000.00 for this litiga- tion and this is the first assessment against that and he re- commended payment. V/M Massaro MOVED to authorize the payment in the amount of $27,464.80 to. Morgan, Lewis & Bockius, attorneys, as per their invoice. SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE 30. Temporary Chairman of City Council - Temp. es 3740 - Discussion and possible action to amend Resolution 85-255 regarding designation of a temporary Chairman of the City Council, pursuant to Section 4.05(e) of the Charter, in the absence of the Mayor and Vice Mayor. SYNOPSIS OF ACTION: DENIED. 49 9/11/85 /pm Mr. Henning read Temp. Reso. #3740 by title. C/M Munitz said he felt there was a portion of Resolution 85-255 which was contrary to the Charter provisions. Mr. Henning said C/M Munitz asked him to prepare a Resolution which would change the old Resolution to state that instead of giving a proxy to the Mayor and allowing him to appoint any Council member he wishes, the actual election would occur at Council for this temporary Chairman. He said the duties of a temporary Chairman are limited to calling a meeting as opposed to carrying out some other administrative duties. C/M Munitz MOVED to APPROVE Temp. Reso. #3740. Mayor Kravitz asked if Resolution 85-255 were left as is and a person was nominated and voted on, would that be legally binding. Mr. Henning said yes. Mayor Kravitz said he is opposed to approving Temp. Reso. 13740 because that would limit the temporary Chairman's duties to just calling meetings. C/M Gottesman said in view of the fact that Temp. Reso,--#3740 would curtail the effectiveness of any Counilperson appointed as temporary Chairman, he MOVED that Temp._.Rgso. 43740 be DENIED. Mr. Henning noted that there was a previous MOTION on the floor. Mayor Kravitz asked C/M Munitz if he would be satisfied if Reso- lution 85-255 continued in effect but instead of the Mayor appointing the temporary Chairman of the Council, the entire Council appoints. He called for a SECOND to C/M Munitz's MOTION and, hearing none, the MOTION DIED for lack of a SECOND. V/M Massaro MOVED Tem.-Reso. #3740 be DENIED, SECONDED by C/M Gottesman. VOTE: C/M Stein Absent C/M Munitz Nay C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye REPORTS 47. City Attorney Report - No report. (Mr. Henning left the meeting at this point.) LEGAL AFFAIRS 31. Lake Colony (Brookwood Gardens) - Discussion and possible action on: a) Renewal of a Lease Agreement with Bay Colony Property Company, Inc., for use of the facilities at this project for certain City -sponsored recreation activities - Temp. Reso. 1375 b) Status of traffic light bond (tabled from 7/24/85) SYNOPSIS OF ACTION: a) TABLED. The City Manager is to prepare a report for Council. 50 9/11/85 /pm 1 YN P Z F ACTION: Cont'd. b) TABLED to the 9/26/85 Council meeting and the City Manager is to review this further. a) C/M djottesman read Temp_. Reso...13757 by title. V/N1 Massaro asked the Acting City Manager how much this building is used -and Mr. Perretti said it is used for a number of the indoor recreation activities of the City, such as the Bridge, Art and Chess Clubs. He said there are some clubs housed in City Hall as well. He said when the Bridge Club meets there are almost one hundred people meeting. V/M Massaro questioned why the City is handling this and Mayor Kravitz suggested having the Acting City Manager look into this and prepare a report. V/M Massaro MOVED to TABLE this item for a report from the Acting City Manager, SECONDED by C/M Gottesman. VOTE: C/M Stein Absent C/M Munitz Aye C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye b) V/M Massaro said the status on the traffic light was Tabled just before the August vacation and needs further research. She MOVED to TABLE this item to the 9/26/85 Council meeting with further review by the Acting City Manager. SECONDED by C/M Gottesman. VOTE: C/M Stein Absent C/M Munitz Aye C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye REPORTS 46. City Manager Report - No report. 45. City Council Rgports - C M Munitz - No report. C/M Gottesman - No report. V/M Massaro - No report. Mayor Kravitz said he received a letter dated 9/6/85 from the County Planning Office stating that the Transportation Committee has agreed to extend the bus routes for Tamarac. He said they are reviewing the cost to extend service to Sundays as well. He said he will send a letter thanking the County Commissioners for their cooperation. 51 9/11/85 /pm Mayor Kravitz adjourned the meeting at 8:00 P.M. 0!F,.e, 10 -MAYOR ATTEST: ASSISTANT CITY CLERK - This public document was promulgated at a cost of $364.80 or $10.13 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 OF TA APPROVED AT MEETING OF/ . City Clerk 52 9/11/85 /Pmi ATTACHMENT 1 - 9/11/85 Council Meeting - Item 13 - Removal and Replacement of Concrete Driveways (Project 84-32) CIP 84-32 - 85-2 CONCRETE D/W TO BE REPAIRED $5. SO/SF SQ FT COST 1. 7516 NW 68th Avenue 6X 10 60 $ 330.00 2. 6806 NW 75th Court 1518"X6' 94.02 517.11 3. 6801 NW 75th Court 6X10 60 330.00 4. 7509 N W 70th Terrace 20X8.6 172 946.00 5. 7503 NW 70th Terrace WX 10. 3 41 225.50 6. 7502 NW 70th Terrace 6X 10 60 330.00 7. 7421 NW 76th Street 20X 6 120 660.00 8. 7109 NW 74th Place 17X6 102 561.00 9. 7104 NW 73rd Avenue 18X6 108 594.00 10. 7201 NW 73rd Avenue 1614"X6' 97.98 538.90 11. 6801 NW 75th Court 101X6' 60.00 330.00 975.00S F $5,362.51 TOTAL. $5, 362.51 POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS/ AN EQUAL OPPORTUNITY EMPLOYER � YID I r[141 1. �.tnl..RF-!`!l.•.ti►.t.�r...._�' _ -- . _ - r i If Date z ATTACHMENT 2 -W 9/11/85 Council Meeting.- Item 57 - Budget Amendment BUDGET AMENDMENT I move that $ 41POV from line item account ..... [[J T number � _2-zz-ooL _ of the budget named AD 65SVs be transferred to line item account number �lZS= 3d�-S36-310 named _121110-�airf� ;yxeA The balance in the account from which the monies are transferred was $_��.Sy /B�T prior to the transfer and $ �Z9,��T� _ _ subsequent to the transfer. The amount of money in the account to which the monies are to be transferred was S�7YLf Qp prior to the transfer and $ 1�, /-� subsequent to the transfer. 0 ATTACHMENT 3 - 9/11/85 Council Meeting - Date: /� Item 58 - Budget;A nd BUDGET AMENDMENT I move that $ 24W0 from line item account number _ of the budget named 3 be tr sferxed tf, line item account number �,�~�..� nam 7 c aci+xvrr The balance in the account from which the monies are ,p 00 transferred was $o prior to the transfer and $ .S &00'C�2 subsequent to the transfer. The amount of money in the account to which the monies are to be transferred was $ a prior to the transfer and 5---"- A.,q) 00 subsequent to the transfer. /4r Date: i/,p xr ATTACHMENT 4 - 9/11/85 Council Meeting - Item 59 - Budgets Amendm BUDGET AMENDMENT I move that $ "//9S8 � from line item account number „�/-�7�-��1," °�_ of the budget named an be trap ferred t ine item account number named �fi � . The balance in the account from which the monies are transferred was $ / 2/ prior to the transfer and $ g�o,-2. E?,00 subsequent to the transfer. The amount of money in the account to which the monies are to be transferred was $ .27/�_„ prior to the transfer and $_ .,— subsequent to the transfer. Date: io ��— ATTACHMENT 5 - 9/11/85 Council Meeting - Item 60 - Budget Amen 7 BUDGET AMENDMENT I move that $ 04 from line item account uUJ number _12--r 272 -Qv/ — of the budget named _ rg-ovfp s be transferred to line item account numberZg-3� named The balance in the account from which the monies are transferred was S 629 i,YZ LS prior to the transfer and $ �• %S% • /�� subsequent to the transfer. The amount of money in the account to which the monies are to be transferred was Z110, prior to the transfer and S_��,��� subsequent to the transfer. Date: /o j ATTACHMENT 6 - 9/11/85 Council Meeting - Item 63 - Budget4Amend BUDGET AMENDMENT I move that $ ISOo-catr .�_ from line item account TLAO number of the budget named+s� be transferred to line item account number TU named The balance in the account from which the monies are transferred was $ 62- ,992, /F 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 $=/S/.SS/ _ prior to the transfer and $— /i!Z q subsequent>, to the transfer.