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HomeMy WebLinkAbout1986-09-10 - City Commission Regular Meeting Minutes1 n �lORID P.O. BOX 25010 TAMARAC, FLORIDA 33320 RECORD_ f�F_ ;_QVMIL DISCUSSIONS -,AND ACTIONS FIRST_ CLA_,9B_ MAIL CITY OF TAMARAC CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY SEPTEMBER 10 1986 CALL_TO.ORDER: 7:00 P.M. ANNOUNCEMENT 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. INTRODUCTION 1. Open Public Fo um - 7:00 P.M. ,Speaker - Shirley Blumfield said the poor Council meeting attendance could partially be attributed to a Parent-Teacher meeting at Silver Lakes Middle School. 2. Presentation of a plaque by Mayor Hart to Dr. Maurice Abbey for his contribution to assist in the fluoridation of the City's water supply. FINAL ACTION: Mayor Hart presented this plaque to Bernie Tayback, on behalf of Dr. Abbey. 3. Presentation of a proclamation by Mayor Hart designating the week of September 15 - 19, 1986, as "Industry Appreciation Week". FINAL ACTION• Mayor Hart presented this proclamation to Lou Schiff, President of the Tamarac Chamber of Commerce. 4. Presentation of a proclamation by Mayor Hart designating the night of September 24, 1986, as "Little League/Big League Appreciation Night". _FINAL ACTION• Mayor Hart presented this proclamation to Karen Dickerhoof, representing the Recreation Board. PAGE 1 9/10/86 CONSENT AGENDA - Items 5 through 24 Items listed under Consent Agenda, are viewed to be routine and the recommendation will be enacted by one motion in the form listed below. If discussion is desired, then the item(s) will be removed from the Consent Agenda and will be considered separately. Building Department/Community Devel 5. MOTION TO_APPRQyE refund of an Interim Service Fee to Jim Hanna, 7197 NW 80 Way, in the amount of $238.50. FINAL ACTION: APPROVED. 6. MOTION TO ADOPT Temp. Reso. #4264 releasing a cash bond in the amount of $1,500.00 posted by Kenneth Schwartz as a homeowner warranty against defects for a home located at 7815 Banyan Terrace, Lot 36, Tract 63. FINAL ACTION: RESOLUTION NO. R-86-285 PASSED. �Y APPROVED. 7. MOTION TO ADOPT Temp. Reso. #4265 releasing a cash bond to The Hoffman Group of Florida, Inc., in the amount of $1,800.00 posted for landscaping for 8415 NW 80 Court. FINAL ACTION: APPROVED. RESOLUTION NO. R-86-286 PASSED. 8. MOTION TO ADOPT Tem Reso. #4253 renewing a waiver of the provisions of the sign ordinance for a temporary over sized ground sign for Lakes of Carriage Hills project, 6180 Rock Island Road. FINAL ACTION: TABLED for payment of fees due. City tt n 9. MOTION TO APPROVE City Attorney to attend NIMLO Conference in San Diego, California, during the first week of October, 1986. FT AL ACTION: APPROVED. 10. MOTION TO APPROVE payment to Muller, Mintz„ Kornreich, Caldwell, Casey, Crosland & Bramnick, P.A., Special Labor Counsel, in the amount of $1,350.57, Invoice #1466. FINAL ACTION: APPROVED. 11. a) MOTION TO APPROVE that $35,000.00 from line item account #001-872-581-901 of the budget named Contin- gency be transferred to line item account #001-106 514-310 named Professional Services. The balance in the account from which the monies are transferred was $240,345.00 prior to the transfer and $205,345.00 subsequent to the transfer. The amount of money in the account to which the monies are to be transferred was <$29,609.00> prior to the transfer and $5,391.00 subsequent to the transfer. PAGE 2 9/10/86 11. b) MOTION TO APPRQyE that $300.00 from line item account #001-872-581-901 of the budget named Contingency be transferred to line item account #001--106-514-401 named Meetings & Seminars. The balance in the account from which the monies are transferred was $205,345.00 prior to the transfer and $205,045.00 subsequent to the transfer. The amount of money in the account to which the monies are to be transferred was $682.00 prior to the transfer and $982.00 subse- quent to the transfer. c) MOTIQN TO APPHQVE that $300.00 from line item account #001-872-581-901 of the budget named Contingency be transferred to line item account #001-106-514-402 named Travel & Other. The balance in the account from which the monies are transferred was $205,045.00 prior to the transfer and $204,745.00 subsequent to the transfer. The amount of money in the account to which the monies are to be transferred was $500.00 prior to the transfer and $800.00 subsequent to the transfer. d) M TT N TO_APPR VE that $200.00 from line item account #001-872-581-901 of the budget named Contingency be transferred to line item account #001-106-514-510 named Office Supplies. The balance in the account from which the monies are transferred was $204,745.00 prior to the transfer and $204,545.00 subsequent to the transfer. The amount of money in the account to which the monies are to be transferred was $331.00 prior to the transfer and $531.00 subsequent to the transfer. e) MOT10N TO_ APPROVE that $2,128.00 from line item account #001-872-581-901 of the budget named Contingency be transferred to line item account #001- 106 514-660 named Books and Publications. The balance in the account from which the monies are transferred was $204,545.00 prior to the transfer and $202,410.00 subsequent to the transfer. The amount of money in the account to which the monies are to be transferred was <$1,928.00> prior to the transfer and $200.00 subsequent to the transfer. FINAL ACTION: a)f APPROVED as amended to show a deficit amount in the account to which the monies are to be transferred of <$29,609.00>. b), c), d) and e) were APPROVED. City _Clerk 12. MOTION TO APPROVE minutes of the following meetings: a) 5/28/86 - Regular Meeting - as amended b) 6/06/86 - Special Meeting c) 6/25/86 - Regular Meeting d) 7/09/86 - Regular Meeting e) 7/23/86 - Regular Meeting FINAL ACTION• APPROVED. PAGE 3 9/10/86 Engineering -Department 13. MOTION TO ADOPT-Temp..-Reso. #4266 releasing performance Letter of Credit 85190 in the amount of $671.76 posted for landscaping at the Belfort II project subject to receipt of a one-year warranty bond in the amount of $168.60. FINAL ACTION: APPROVED. RESOLUTION NO. R--86-287 PASSED. 14. MOTION TO ADOPT Temp. Reso. #4267 releasing a cash performance bond in the amount of $4,950.50 posted for public improvements at the Pool Mart project subject to receipt of a one year warranty bond in the amount of $1,237.63. FINAL ACTION: APPROVED. RESOLUTION NO. R-86-288 PASSED. 15. a) MOTION TO, ADOPT_ Te1np,_Reso._.#4268 releasing perform- ance Letter of Credit #308 in the amount of $227,305.00 posted for public improvements at The Landings on Cypress Greens project (formerly Patio Homes at Fairmont) subject to receipt of a one year warranty bond in the amount of $58,171.18 and a performance bond in the amount of $21,904.00 for the incomplete public sidewalks and landscaping. b) MOTION TO ADOPT_.Temp._ Reso. #4269 accepting a bill of sale absolute for the water distribution and sewage collection system improvements for The Landings on Cypress Greens project. c) MOTION TO ADOPT Temp. Reso. #4270 accepting a Tamarac Utilities Water and Sewer Utility Easement for The Landings on Cypress Greens. FINAL ACTION: APPROVED a), b) and c). General Administrative RESOLUTION NO. R--86-289 PASSED. RESOLUTION NO. R-86-290 PASSED. RESOLUTION NO. R--86-291 PASSED. 16. M TI NTO-APPROVE payment to Mitchell Ceasar in the amount of $748.43 for services from March to July, 1986, concerning the widening of University Drive. FINAL ACTION: _ _ APPROVED. 17. MOTION TO APPROVE waiver of any and all Building Depart- ment and City Clerk's office fees in connection with the Italian American Club Festival to be held October 16 -- 19, 1986. FINAL ACTION- APPROVED. 1 1 1 PAGE 4 9/10/86 1$. MOTIO TO APPROVE extending the tabling action on the item concerning Employee Retirement Plan Benefits to a future Council meeting (tabled on 7/23/86). FINAL ACTI APPROVED. Utilitigs East 19. MOTION TQ_ ADOPT_ Telnp._$es4._ 44263 accepting a Pump Station and Utility Easement offered by Marie S. Dow for the rehabilitation of Pump Station #4E, Project 84--21. FINALACTION: RESOLUTION NO. R-86-292 PASSED. APPROVED. 20. MOTION TO APPROVE Payments No. 1 and 2 (final) to Williams, Hatfield & Stoner, Inc., in the amount of $21,400.00 for TU East As-Builts, Project 84-22. FINAL -ACTION: APPROVED. Utilities _West 21. a) MOTIOIV_,TO_AD0 T_Te1nP _ Reso. #4254 accepting a Water and Sewer Utility Easement offered by Woodmont Corp. for the 201 Project 86-5 (Woodmont Tract 56). RESOLUTION NO. R-86-293 PASSED. b ) MOTION TO _ADOPT_. Temp�_. .Res _J 255 accepting a Water and Sewer Utility Easement offered by C.W.M., Inc., for the Northwest Force Main Project 84-6 (Colony West Country Club). RESOLUTION NO. R-86-294 PASSED. c) MOTION TO ADOPT Tem . Reso. #4256 accepting a Water and Sewer Utility Easement offered by University Medical Associates, Inc., for the University Drive Utility Relocation Project 86-5. RESOLUTION NO. R-86-295 PASSED. d) MOTION TO _ADOPT Temp ._Reso._#4257 accepting a Water and Sewer Utility Easement offered by University Shoppes & Offices, Ltd., for the University Drive Utility Relocation Project 86-2 (University Shoppes development). RESOLUTION NO. R-86-296 PASSED. e) MOTION TO ADOPT_Temp, Reso. #4258 accepting a Water and Sewer Utility Easement offered by Fairways Condo- minium Association for Project 84-6 to construct a new 30-inch force main. RESOLUTION NO. R-86-297 PASSED. f) MOTION TO ADOPT Temp. Reso.__#4259 accepting a Water and Sewer Utility Easement offered by All Saints Lutheran Church for the University Drive Utility Relocation Project 86-2. RESOLUTION NO. R-86-298 PASSED. g) MOTION TO _ADOPT Temp._R so. 14260 accepting a Water and Sewer Utility Easement offered by Oregon Dev- elopers, Inc., for the University Drive Utility Relocation Project 86-2 (Woodmont Block 30 develop- ment). RESOLUTION NO. R-86-299 PASSED F I NAL ACTT ON : APPROVED a) through g). PAGE 5 9/10/86 22. a) MOTION TO ADOPT Temp__Res., #4261 accepting a Sewer Utility Construction Easement offered by C.W.M., Inc., for construction of a new 24-inch Force Main, Project 84-6 (Colony West Country Club). RESOLUTION NO. R-86-300 PASSED. b) MOTION TO ADOPT _Temp. Reso_ #4262 accepting a Sewer Utility Construction Easement offered by Dinerstein Builders, Inc., for the Northwest Force Main Project 84-6 (Boardwalk Apartments). RESOLUTION NO. R-86-301 PASSED. FINAL ACTION: APPROVED a) and b). 23. a) MOTION TO APPROVE final payment to CH2M Hill in the amount of $3,776.50, Invoice 04-453, for professional services from 2/25/86 through 3/24/86 on the Deep Injection Well Project 84-2. b) MOTION TO APPR VE Payment No. 4 (final) to Lanzo Construction Company in the amount of $7,800.00 for the Turnpike Utility Relocation Project 84-9. c) _QTTON TO APP VE Payment No. 4 (final) to E.G. Campbell & Sons, Inc., in the amount of $2,300.45 for the Wellfield Protection/Fuel Tank Project 85-7. d) N9TI N TO APPROVE Payment No. 6 (final) to Lanzo Construction Company in the amount of $26,927.80 for the 18-inch Force Main Crossing at Commercial Boule- vard Project 85-18. FINAL ACTIPF: APPROVED a) through d). 24. MOTION TO.APPROVE removal from the agenda of the item concerning the cleanout of Wastewater Plant #3, which was tabled on 7/23/86. FINAL ACTION: APPROVED. CONs9IDERATIONS Building DepartmentlCommunty Development 25. MOTION TO APPROVE a finished floor elevation for the Tamarac Nursing Center of 12.0-feet, which is 6-inches below the requirement of 18-inches above the crown eleva- tion of the nearest road, pursuant to Code Section 24-42. FINAL AM O : APPROVED waiver to the requirement of the 18-inches above the crown of the road and this project can be built with floor elevations of 12 feet. 26. MOTION T0ADOPT Temp-_Resoa_#4280 accepting Declaration of Covenants and Restrictions offered by Turnpike Center Associates in conjunction with Temp. Ord. #1281, Rezoning Petition #8-Z-86, for lands on the north side of Commercial Boulevard at NW 47 Terrace (Item #42 on this agenda). 1 1 PAGE 6 9/10/86 26. FINAL ACTION: RESOLUTION NO. R-86--302 PASSED. APPROVED TemP._R_es4._#4280 with the Declaration of .Covenants and Restrictions attached as an Exhibit. Cit eunci _Appointments 27. MOTION TO ACCEPT the resignation of Steve Popick from the Burglar Alarm Review Committee and to announce the vacancy. FINAL ACTION: APPROVED Steve Popick's resignation and announcement was made of a vacancy on this Committee. e sonnelYInsurance 28. _MOTION TO APPROVE renewal of a contract with Medical Insurance Administrators as the third party administrator for the City's self -insured group health program (tabled on 7/23/86). FINAL ACTI.Q.N: APPROVED. The City Manager was directed to review the self --insured group heath program further. Utiliti s West Utilities East 29. MOTION_TQ__AUTHORZZE Russell and Axon, Inc., to perform preliminary design work to establish the total task to prepare contract documents and working drawings for Nob Hill Road construction between Commercial Boulevard and a point about 800--feet south of McNab Road, plus a water line, for an amount not to exceed $5,820.00. FINAL ACTION: REMOVED from the agenda. 30. a) MOTION TO REJECT all bids received for replacement of 6 sewage pumping stations for Utilities East, Project 84-21, and for replacement of 9 sewage pumping stations for Utilities West, Project 86-15. b) MOTION TO. -APPROVE an Engineering Amendment to modify plans and specifications for pumping station Projects 84-21 and 86-15. c) MOTION TTQ APPRQVE rebidding of both projects. FINALACTION: a) REJECTED all bids. b) APPROVED. Engineering was authorized to enter into a contract with Williams, Hatfield & Stoner, Inc., for an upset price of $23,000.00 based on an hourly rate. c) APPROVED rebidding of both projects. RESOLUTIONS Build ipDepartment,�Community__Development 31. MOTIQN TO ADOPT_,Tepp,�Res0,__#4241 to renew a waiver of the sign ordinance for Green Thumb Lawn & Garden Center, Inc., concerning a sign on property belonging to Causeway Lumber (tabled on 7/23/86 for an updated permission letter from Causeway). PAGE 7 9/10/86 31. FINAL ACTI.QN: TABLED to the 9/24/86 Lawn & Garden Center be in violation if a submitted. City Attornev Council meeting. Green Thumb is to be notified that they will permission letter is not 32. MOTION TO ADOPT_Temp._Reso. #4252 declaring that the most equitable method of financing the cost of centralized wellfields in Broward County would be by the establishment of a total user fee. F I NAL ACTION: APPROVED. RESOLUTION NO. R-86-303 PASSED. 33. MOTION_ TO. ADOPT _Temp,_Reso._ #4276 appointing Christine Marie Carsky as Code Enforcement Board Prosecutor. FI-NAL ACTION: RESOLUTION NO. R-86-304 PASSED. APPROVED as corrected. City Council_Appointments 34. a) MOTION.TO ADOPT_.Temp.__Reso. #4277 appointing Karen Dickerhoof as a member of the Recreation Board. RESOLUTION NO. R-86-305 PASSED. b)—QTIQ-N-TO_ADOPT TeDp_._..Reso. #4278 amending the terms of Edward Rockwell, John Hamilton and Arthur Santman, members of the Board of Adjustment. FINAL ACTION• a) APPROVED. RESOLUTION NO. R-86-305 PASSED. b) TABLED. General Administrative 35. MOTION TO _ADOPT_Te nL.p. Reso. #4279 approving Addendum No. 3 to the contract for solid waste collection and disposal between the City and Waste Management, Inc. FINAL ACTION: RESOLUTION NO. R-86-306 PASSED. APPROVED setting the following rates: $6.37 per month for single family homes - ($.36 increase) $3.06 per month for condominiums - ($.22 increase) 36. MOTION T _ADOPT Te._teso._.#4251 approving and authorizing the appropriate City officials to execute an Interlocal Agreement with Broward County, et al, pertaining to the Metropolitan Planning Organization (MPO) . FINAL -ACTION: RESOLUTION NO. R-86-307 PASSED. APPROVED. C/M Stein was appointed as the Alternate Voting Member to the MPO. 1 1 PAGE 8 9/10/86 Pe Bonn 1 Insurance 37. MOTION TO_ADQPT_ Temp,,__ t�eso. #4248 approving and author- izing the appropriate City officials to execute an agree- ment with Medical Foundation Services, Inc., to provide for pre -admission review, concurrent review, second surgical opinion and hospital bill audit in conjunction with the City's self -insured health program. r L ACTION: RESOLUTION NO. R-86-308 PASSED. APPROVED. Council is to receive a report within 30 days from the City Manager and Personnel Director. Utilities West 38. a) MOTION TO ADOPT Temp,—keso. #4271 awarding a bid to Ric -Man International, Inc., in the amount of $2,110,779.50, for the Northwest Force Main Improve ments, Project 84-6, and authorizing the appropriate City officials to execute all necessary contract documents contingent upon written approval from the Florida Department of Environmental Regulation. RESOLUTION NO. R-86-309 PASSED. b) MOTION TO ADOPT _Temp._ Repo._ #4272 awarding a bid to Blankenship & Associates, Inc., in the amount of $4,667.00, for a 4" x 4", 2-cyclinder, 4-cycle, air- cooled, diesel engine driven pump. RESOLUTION NO. R-86-310 PASSED. c) MOTION TO ADOPT Temp. Reso._#4273 awarding a bid to Sunstate Metal and Supply, Inc., in the amount of $5,207.40, for a test bench for 2--inch and 1-1/2-inch water meters. RESOLUTION NO. R-86-311 PASSED. d) MOTION TO ADOPT_ Temp. _Reso.#.4274 awarding a. bid to Man Con, Inc., in the amount of $1,764,842.50, for the University Drive Utility Relocation/201 Force Main - Phase 1, Projects 86-2/86-5 and authorizing the appropriate City officials to execute all necessary contract documents. RESOLUTION NO. R.-86-312 PASSED. e) MOTION TO ADOPT Temp_,Reso. #4275 awarding a bid to Reactor Controls, Inc., in the amount of $1,480,100.00, for the 201 Pump Station, Project 86 5, and authorizing the appropriate City officials to execute all necessary contract documents. RESOLUTION NO. R--86-313 PASSED. FINAL ACTION: APPROVED a) thru e). ORDINANCES 39. MOTION TO APPROVE_ Temp._ Ord_._ #1290 on first reading, the substance of which is as follows (tabled from 6/25/86): AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF TAMARAC PERTAINING TO PHOTOCOPYING FEES; PROVIDING FOR FEES FOR THE COPYING OF ZONING AND STREET MAPS; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. PAGE, 9 9/10/86 39. FINAL ACTION: APPROVED Tem d..#1290 on first reading. PUBLIC HEARIN.QS - 7:30 P.M. 40 . MOTION TO .ADAPT_ Temp._ Ord._, #1278 on second and final reading, the substance of which is as follows: AN ORDINANCE CREATING A CHARTER REVIEW COMMITTEE; PROVIDING FOR APPOINTMENTS; PROVIDING FOR DUTIES; PROVIDING FOR TERMINATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. F TAL ACTION: ORDINANCE NO. 0-86-49 PASSED. APPROVED Temp -.-Ord. #1278 on second and final reading. Public hearing was held. 41. a) MOTION TO ACCEPT Affidavits of Publication and Posting for Temp. Ord. #1280 b) MOTION_ TO ADOPT TeLnp_.�.0�d. #1280, Rezoning Petition #6-Z-86, on second and final reading, the substance of which is as follows: AN ORDINANCE AMENDING PRIOR ZONING ORDINANCES, PRO- VIDING FOR THE REZONING OF CERTAIN REAL PROPERTY FROM B-1 (NEIGHBORHOOD BUSINESS) TO B-6 (BUSINESS DISTRICT) LANDS DESCRIBED AS TRACT 7 OF THE PLAT OF FORT LAUDERDALE TRUCK FARMS, SECTION 13, TOWNSHIP 49 SOUTH, RANGE 41 EAST, AS RECORDED IN PLAT BOOK 4, PAGE 31, OF THE RECORDS OF BROWARD COUNTY, FLORIDA (OTHERWISE DESCRIBED AS THE LANDS ON THE SOUTHWEST CORNER OF COMMERCIAL BOULEVARD AND NW 47 TERRACE, EXTENDING WESTWARD TO THE FLORIDA STATE TURNPIKE); PROVIDING FOR AMENDMENT OF THE OFFICIAL ZONING MAP TO REFLECT SUCH CHANGE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. FINAL ACTION: ORDINANCE NO. 0-86-50 PASSED. a) ACCEPTED Affidavits of Publication and Posting. b) APPROVED Temp. Ord. #12$0 on second and final reading. Public hearing was held. 42. a) MOTION -TO ACCEPT Affidavits of Publication and Posting for Temp. Ord.._#1281 b) MOTION TQ ADOPT Temp. Ord. #1281, Rezoning Petition #8-Z--86, on second and final reading, the substance of which is as follows: AN ORDINANCE AMENDING PRIOR ZONING ORDINANCES, PROVIDING FOR THE REZONING OF CERTAIN REAL PROPERTY FROM B-1 (NEIGHBORHOOD BUSINESS) TO B-2 (PLANNED BUSINESS) LANDS DESCRIBED AS A PORTION OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 41 EAST, OF FORT LAUDERDALE TRUCK FARMS, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 4, PAGE 31 OF THE PUBLIC RECORDS OF BROWARD COUNTY (OTHERWISE DESCRIBED AS BEING LANDS ON THE NORTH SIDE OF COMMERCIAL BOULEVARD AT NW 47 TERRACE); PROVIDING FOR AMENDMENT OF THE OFFICIAL ZONING MAP TO REFLECT SUCH CHANGE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 11 i PAGE 10 9/10/86 42. FINAL ACTIQ,N: .ORDINANCE NO. 0-86-51 PASSED. a) ACCEPTED Affidavits of Publication and Posting. b) APPROVED Temp. Ord_. #_1.281 on second and final reading. Public hearing was held. A ENDIZED_,BY CONSENT 43. MQMTDN TO APPROVE request by TUW to extend the contract for rehabilitation of Filters 3 & 4, Project 85-27, for 35 days. FINAL ACTION• �f APPROVED. 44. a) MOTION TO_APPROVE Hazen and Sawyer design fee in the amount of $4,950.00 to design an electrical vault as required by FP&L for entire park complex - Project 87-8, TUW, Tract 27 SAL ACTION: APPROVED. The City Council may consider and act upon such other business as may come before it. ursuant to Chapter 286.0105, Florida Statutes, if a person ecides to appeal any decision made by the City Council with respect to any matter considered at such meeting or hearing, he may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence ui)on which the appeal i., based. Carol. E . Ba.rbuto Assistant City Clerk BUDGET PU_$LIC_ HEAFjVGB Monday, September 8, 1986 - 6:00 P.M. - Tamarac Recreation Center Tuesday, September 23, 1986 - 6:00 P.M. - Tamarac Recreation Center PAGE 11 9/10/86 CITY OF TAMARAC, FLORIDA REGULAR CITY COUNCIL MEETING September 10, 1986 Tape 1 CALL TO ORDER: Mayor Hart called the meeting to order on Wednesday, September 10, 1986, at 7:00 P.M. in the Council Chambers. ROLL CALL: PRESENT: ALSO PRESENT: Mayor Bernard Hart Councilman Sydney M. Stein Councilman Arthur H. Gottesman Vice Mayor Jack Stelzer Councilwoman Helen Massaro John P. Kelly, City Manager A. Bryant Applegate, City Attorney Carol E. Barbuto, Assistant City Clerk Patricia Marcurio, Secretary MEDITATIQN AND F D E F IA C: Mayor Hart called for a Moment of Silent Meditation followed by the Pledge of Allegiance. INTRODUCTION 1. OOpen__Public_ Forum Speaker - Shirley Blumfield, 7030 NW 102 Avenue, said the poor attendance at this Council meeting was partially attributed to a Parent-Teacher meeting at Silver Lakes Middle School being held this evening. She also commended Council for the redecorating of the Council Chambers. 2. Presentation of his contribution water supply. SYNOPEIS OF ACTIO : Plaque was presented to Bernie Tayback on behalf of Dr. Abbey. a plaque by Mayor Hart to Dr. Maurice Abbey for to assist in the fluoridation of the City's Mayor Hart presented a plaque to Bernie Tayback, on behalf of Dr. Abbey, for his contributions to assist the fluoridation of the City's water supply. 3. Presentgt„ion of a week of September Week". SYNOPSIS OF ACTION: Proclamation was presented to Louis Schiff, President of the Chamber of Commerce. proclamation by Mayor Hart designating the 15 - 19, 1986, as "Industry Appreciation Mayor Hart presented this proclamation to Louis Schiff, President of the Chamber of Commerce. 4. Presentation of a proclamation by Mayor Hart designating the night of September 24, 1986, as "Little League/Big League Appreciation Night". BYNOPSIS OF ACTION: Proclamation was presented to Karen Dickerhoof, representative of the Recreation Board. 1 9/10/86 /pm Mayor Hart presented this proclamation to Karen Dickerhoof, who represented the Recreation Board. CON ENT AGENDA 8. ACTION -TO -ADOPT Temp, Reso, #4253 renewing a waiver of the provisions of the sign ordinance for a temporary over sized ground sign for Lakes of Carriage Hills project, 6180 Rock Island Road. SYNOPSIS OF ACTION: TABLED for payment of fees. V/M Stelzer MOVED to TABLE this item for payment of fees due, SECONDED by C/M Gottesman. TE: CONSIDERATIONS ALL VOTED AYE Utilities st U s E st 29. M TI T ORIZE Russell and Axon, Inc., to perform preliminary design work to establish the total task to prepare contract documents and working drawings for Nob Hill Road construction between Commercial Boulevard and a point about 800-feet south of McNab Road, plus a water line, for an amount not to exceed $5,820.00. SYNOPSIS OF ACTION: REMOVED from the agenda. V/M Stelzer MOVED to REMOVE this item from the agenda at staff's request, SECONDED by C/W Massaro. VOTE: ALL _YQTED_ AYE RESOLUTIONS City C unc'l A o'n nts 34. a) MQTIQN_TQ ADOPT -Temp. Reso._44277 appointing Karen Dickerhoof as a member of the Recreation Board. b) MOTION TO ADOPT TeMp. Resg,#4278 amending the terms of Edward Rockwell, John Hamilton and Arthur Santman, members of the Board of Adjustment. SYNOPSIS OF ACTION: (See Page b) TABLED. (See Page 15 for action on a). b) V/M Stelzer MOVED to TABLE this portion of the item, SECONDED by C/W Massaro. VOTE: ALL VOTED AYE Building Depgrtmpnt_u_ni-tY-D nt 31. MOTION D T so 4241 to renew a waiver of the sign ordinance for Green Thumb Lawn & Garden Center, Inc., concerning a sign on property belonging to Causeway Lumber (tabled on 7/23/86 for an updated permission letter from Causeway). SYNOPSIS OF ACTION: TABLED to the 9/24/86 Council meeting. They are to be notified they are in violation if a permission letter is not received. 11 2 9/10/86 /pm 1 I V/M Stelzer MOVED to TABLE this item to the 9/24/86 Council meeting, SECONDED by C/M Gottesman. C/W Massaro suggested that Green Thumb representatives be notified they will be in violation if a permission letter is not received by that time. Utilities West 43. MOTION TO APPROVE a request by TUW to extend the contract for rehabilitation of Filters 3 & 4, Project 85-27, for 35 days. SYNOPSIS OF ACTION: Agendized by Consent. (See Page 19). V/M Stelzer MOVED to Agendize this item by Consent, SECONDED by C/W Massaro. VOTE: ALL VOTED AYE 44. MOTION TO APPROVE Hazen and Sawyer design fee in the amount of $4,950.00 to design an electrical vault as required by FP&L for entire park complex - Project 87-8, TUW, Tract 27. SXNQPSIS OF ACTION: Agendized by Consent. (See Page 19). V/M Stelzer MOVED to Agendize this item by Consent, SECONDED by C/M Gottesman. VOTE: CONSIDERATIONS ALL VOTED AYE 26. D PT TpMp. Rpso. #4280 accepting Declaration of Covenants and Restrictions offered by Turnpike Center Associates in conjunction with Temp. Ord. #1281, Rezoning Petition #8-Z-86, for lands on the north side of Commercial Boulevard at NW 47 Terrace (Item #42 on this agenda). SYNOPSIS OF ACTION: Discussion only. For action on this item, See Pages 10 & 11. Mr. Applegate said this item will become part of Item 42 and, if Council approves Item 42, the following item will be a Resolution accepting the Declaration of Covenants. CONSENT AGENDA - Items 5 through 24 Building-Department/Community Develgpment 5. MOTION TO APPROVE refund of an Interim Service Fee to Jim Hanna, 7197 NW 80 Way, in the amount of $238.50. SYNOPSIS OF ACTION: APPROVED. 3 9/10/86 /pm 6. MOTION TO ADOPT Temp. Reso._ #4264 releasing a cash bond in the amount of $1,500.00 posted by Kenneth Schwartz as a homeowner warranty against defects for a home located at 7815 Banyan Terrace, Lot 36, Tract 63. SYNOPSIS OF ACTION: RESOLUTION NO. R-86-285 PASSED. APPROVED. 7. MOTION TQ ADOPT Tgmp, Rep_g,44265 releasing a cash bond to The Hoffman Group of Florida, Inc., in the amount of $1,800.00 posted for landscaping for 8415 NW 80 Court. SYNOPSIS OF ACTION: RESOLUTION NO. R-86--286 PASSED. APPROVED. 8. MOTION TQ ADQPT s 4253 renewing a waiver of the provisions of the sign ordinance for a temporary over sized ground sign for Lakes of Carriage Hills project, 6180 Rock Island Road. SYNOPSIS OF ACTION: TABLED for payment of fees due. City Attorney_ 9. NOTION -TO APPROVE City Attorney to attend NIMLO Conference in San Diego, California, during the first week of October, 1986. SYNOPSIS OF ACTION: APPROVED. 10. MQTIQ�TO APPROVE payment to Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick, P.A., Special Labor Counsel, in the amount of $1,350.57, Invoice #1466. SYNOPSIS OF ACTION: APPROVED. 11. a) KOTION TO APPROVE that $35,000.00 from line item account #001-872-581-901 of the budget named Contingency be transferred to line item account #001-106-514-310 named Professional Services. The balance in the account from which the monies are transferred was $240,345.00 prior to the transfer and $205,345.00 subsequent to the transfer. The amount of money in the account to which the monies are to be transferred was <$29,609.00> prior to the transfer and $5,391.00 subsequent to the transfer. b) M TI TQ-APPROVE that $300.00 from line item account #001- 872--581-901 of the budget named Contingency be transferred to line item account #001-106-514-401 named Meetings & Seminars. The balance in the account from which the monies are transferred was $205,345.00 prior to the transfer and $205,045.00 subsequent to the transfer. The amount of money in the account to which the monies are to be transferred was $682.00 prior to the transfer and $982.00 subsequent to the transfer. c) MOTION TO APPROVE that $300.00 from line item account #001- 872-581-901 of the budget named Contingency be transferred to line item account #001-106-514-402 named Travel & Other. The balance in the account from which the monies are transferred was $205,045.00 prior to the transfer and $204,745.00 subsequent to the transfer. The amount of money in the account to which the monies are to be transferred was $500.00 prior to the transfer and $800.00 subsequent to the transfer. 4 9/10/86 /pm 1 L1 d) MOTION TO APPROVE that $200.00 from line item account #001- 872-581-901 of the budget named Contingency be transferred to line item account #001--106-514-510 named Office Supplies. The balance in the account from which the monies are transferred was $204,745.00 prior to the transfer and $204,545.00 subsequent to the transfer. The amount of money in the account to which the monies are to be trans- ferred was $331.00 prior to the transfer and $531.00 subsequent to the transfer. e) MOTION TO APPROVE that $2,128.00 from line item account #001-872--581--901 of the budget named Contingency be transferred to line item account #001-106-514-660 named Books and Publications. The balance in the account from which the monies are transferred was $204,545.00 prior to the transfer and $202,410.00 subsequent to the transfer. The amount of money in the account to which the monies are to be transferred was <$1,928.00> prior to the transfer and $200.00 subsequent to the transfer. SYNOPSIS OF ACTION: a) APPROVED as amended to show a deficit amount in the account to which the monies are to be transferred of <$29,609.00>. b), c), d) and e) were APPROVED. City Clerk 12. MOTION TO APPBQVE minutes of a) 5/28/86 - Regular Meeting b) 6/06/86 - Special Meeting c) 6/25/86 - Regular Meeting d) 7/09/86 - Regular Meeting e) 7/23/86 - Regular Meeting SYNOPSIS OF ACTION: APPROVED. Enq�ngering Department the following meetings: - as amended 13. MOTION TO ADOPT Temp. Reso. #4266 releasing performance of Credit #85190 in the amount of $671.76 posted for landscaping at the Belfort II project subject to receipt one-year warranty bond in the amount of $168.60. Letter of a SYNOPSIS OF ACTION: RESOLUTION NO. R-86-287 PASSED. APPROVED. 14. MOTION TO ADOPTT , _ gmp4�2P �ss _o #4267 releasing a cash performance _ „ _ bond in the amount of $4,950.50 posted for public improvements at the Pool Mart project subject to receipt of a one year warranty bond in the amount of $1,237.63. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-86--288 PASSED. 15. a) MOTION TO ADOPT Temp. Reso. #4268 releasing performance Letter of Credit #308 in the amount of $227,305.00 posted for public improvements at The Landings on Cypress Greens project (formerly Patio Homes at Fairmont) subject to receipt of a one year warranty bond in the amount of $58,171.18 and a performance bond in the amount of $21,904.00 for the incomplete public sidewalks and land- scaping. b) MOTION TO ADOPT Tp.Ml?,Rpso,_ _ #,4269 accepting a bill of sale absolute for the water distribution and sewage collection system improvements for The Landings on Cypress Greens project. c) MOTION T T T so. #4270 accepting a Tamarac Utilities Water and Sewer Utility Easement for The Landings on Cypress Greens. 5 9/10/86 /P m 15. Cont'd. YNOP IS OF ACTION: APPROVED a), b) and c). General Administrative RESOLUTION NO. R-86-289 PASSED. RESOLUTION NO. R-86-290 PASSED. RESOLUTION NO. R-86-291 PASSED. 16. MOTION TO APPROVE payment to Mitchell Ceasar in the amount of $748.43 for services from March to July, 1986, concerning the widening of University Drive. SYNOPSISOF-ACTION: APPROVED. 17. MOTIQN TQ_APPRQVE waiver City Clerk's office fees American Club Festival to EYNOP$I5 QF ACTION: APPROVED. of any and all Building Department and in connection with the Italian be held October 16 - 19, 1986. 18. MOTION TO APPROVE extending the tabling action on the item concerning Employee Retirement Plan Benefits to a future Council meeting (tabled on 7/23/86). SYNOPSIS OF ACTION: APPROVED. Utilities East 19. MOTION TQ ADOPT Temp. Rpso. #4263 accepting a Pump Station and Utility Easement offered by Marie S. Dow for the rehabilitation of Pump Station #4E, Project 84-21. ,hgYNOPSJSOF ACTION: RESOLUTION NO. R-86-292 PASSED. APPROVED. 20. MOTION TQ APPRQVE Payments No. 1 and 2 (final) to Williams, Hatfield & Stoner, Inc., in the amount of $21,400.00 for TU East As-Builts, Project 84--22. YNOPSI F ACTION: APPROVED. Utilities West 21. a) MOTION TO ADOPT Temp. Reso. 14254 accepting a Water and Sewer Utility Easement offered by Woodmont Corp. for the 201 Project 86--5 (Woodmont Tract 56). RESOLUTION NO. R-86-293 PASSED. b) MOTION TO ADOPT Temp. Reso. #4255 accepting a Water and Sewer Utility Easement offered by C.W.M., Inc., for the Northwest Force Main Project 84-6 (Colony West Country Club) . RESOLUTION NO. R--86-294 PASSED. c) MOTION -TO ADOPT Temp. Reso. #4256 accepting a Water and Sewer Utility Easement offered by University Medical Associates, Inc., for the University Drive Utility Reloca- tion Project 86-5 RESOLUTION NO. R-86-295 PASSED. 6 9/10/86 /pm d) MOTION TO AD P T es 4257 accepting a Water and Sewer Utility Easement offered by University Shoppes & Offices, Ltd., for the University Drive Utility Relocation Project 86-2 (University Shoppes development). RESOLUTION NO. R-86-296 PASSED. e) MOTION AD PT Temp. -Ms #4258 accepting a Water and Sewer Utility Easement offered by Fairways Condominium Association for Project 84-6 to construct a new 30--inch force main. RESOLUTION NO. R-86-297 PASSED. f) MOTION ADOPT TemR. Reso. #4259 accepting a Water and Sewer Utility Easement offered by All Saints Lutheran Church for the University Drive Utility Relocation Project 86-2. RESOLUTION NO. R-86-298 PASSED. g) MOTION TO ADOPT Tem Reso. #4260 accepting a Water and Sewer Utility Easement offered by Oregon Developers, Inc., for the University Drive Utility Relocation Project 86--2 (Woodmont Block 30 development). RESOLUTION NO. R-86-299 PASSED. SYNOPSIS OF ACTION: APPROVED a) through g). 22. a) MOTION D PT Temp. so. #4261 accepting a Sewer Utility Construction Easement offered by C.W.M., Inc., for construction of a new 24-inch Force Main, Project 84-6 (Colony West Country Club). RESOLUTION NO. R-86--300 PASSED. b) MOTION TO ADOPT Temp. Reso. #2462 accepting a Sewer Utility Construction Easement offered by Dinerstein Builders, Inc., for the Northwest Force Main Project 84-6 (Boardwalk Apartments). RESOLUTION NO. R-86-301 PASSED. SYNOPSIS OF ACTION: APPROVED a) and b). 23. a) MOTION TO APPROVE final payment to CH2M Hill in the amount of $3,776.50, Invoice 04-453, for professional services from 2/25/86 through 3/24/86 on the Deep Injection Well Project 84-2. b) I APPROVE Payment No. 4 (final) to Lanzo Construc- tion Company in the amount of $7,800.00 for the Turnpike Utility Relocation Project 84-9. c) MOTION TO APPROVE Payment No. 4 (final) to E.G. Campbell & Sons, Inc., in the amount of $2,300.45 for the Wellfield Protection/Fuel Tank Project 85-7. d) MOTION TO APPROVE Payment No. 6 (final) to Lanzo Construc- tion Company in the amount of $26,927.80 for the 18-inch Force Main Crossing at Commercial Boulevard Project 85-18. SYNOPSIS OF ACTION: APPROVED a) through d). 24. MOTION TO APPROVE removal from the agenda of the item concerning the cleanout of Wastewater Plant #3, which was tabled on 7/23/86. SYNOPSIS OF ACTION: APPROVED. * V/M Stelzer MOVED APPROVAL of the Consent Agenda, Items 5 through * 24 with the exception of Item 8, which has been Tabled previously. * C/W Massaro said she would SECOND the MOTION with a correction on * Item 11 a) showing a deficit of <$29,609.00>. VOTE: ALL VOTED AYE 7 9/10/86 /pm �/ CON IDERATIONS Building-Department/Community DevelopMgnt 25. MOTION TO APPROVE a finished floor elevation for the Tamarac Nursing Center of 12.0-feet, which is 6-inches below the requirement of 18-inches above the crown elevation of the nearest road, pursuant to Code Section 24-42. SYNOPSIS OF ACTION: APPROVED. Thelma Brown, City Planner, said when the revised site plan was submitted to the Plan Adjustment Committee, it was noted that the elevation was 12.0, which would have caused a revised site plan to become necessary. She said the Engineering and Building Depart- ments have reviewed the site plan and recommend approval of the 12.0 elevation. C/W Massaro said 57 St. has been notorious for flooding because there is no drainage at that location. She questioned what affect this would have on this piece of property and if 12-feet elevations are normal. Bill Greenwood, Director of Utilities and Engineer- ing, said yes. C/W Massaro said the City Code stipulates that a project must be 18-inches above the crown of the road, which they are not at 12-inches. Mr. Greenwood said the road in front of the proposed development is elevated higher than normal to go over the canal. He said the minimum front elevation is 11 feet; therefore, it should not flood since the main drainage is going into the canal which is directly adjacent to their property. He said this avoids their going through the City's internal storm sewer system. * C/M Gottesman MOVED APPROVAL of this item, SECONDED by V/M Stelzer. * * C/W Massaro said the MOTION should read that they have a waiver to * the requirement of 18-inches above the crown of the road and that * this particular project can build with a floor elevation of 12 * feet. C/M Gottesman accepted this wording for his MOTION as did * V/M Stelzer as the SECOND. VOTE: ALL VOTED AY PUBLIC HEARINGS 40. MQTIQN TO ADOPT Temp. Ord. 11278 on second and final reading, the substance of which is as follows: AN ORDINANCE CREATING A CHARTER REVIEW COMMITTEE; PROVIDING FOR APPOINTMENTS; PROVIDING FOR DUTIES; PROVIDING FOR TERMINATION; PROVIDING FOR SEVER - ABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. 69YNQPSIS OF ACTION: ORDINANCE NO. 0-86-49 PASSED. APPROVED on second and final reading. Public hearing was held. Mr. Applegate read TexP._Qrd- #1278 by title. * V/M Stelzer MOVED APPROVAL of Temp. Ord. #1278 on second and final * reading, SECONDED by C/M Stein. i 8 9/10/86 /pm u Mayor Hart opened the public hearing. Melanie Reynolds, 8310 Sands Point Blvd., said Florida Statute 166.021 should be considered and she questioned whether there would be a budget for this Committee. She suggested that this Committee will need an Attorney and she felt the City Attorney should make the law library available for these Committee members. Mr. Applegate said he would not draft an Ordinance which he felt violated the Home Rules Power Act, which is Statute 166, and he noted it was within Council's province to adopt a Charter Review Committee. He said as City Attorney he will render any legal advice necessary to a Committee established by the Council and he noted that his law library would be open to any Committee member who needs to do research, providing he was consulted first. Mayor Hart closed the public hearing with no further response. C/W Massaro asked when these members will be appointed and Mayor Hart said if this is approved, appointments could be made at the next Council meeting. TE : AST L VOTED AYE 41. a) MQTION TO ACCEPT Affidavits of Publication and Posting for Temp. Ord. #1280 b) MQTION TO ADOPT Temp. Ord. 41280_, Rezoning Petition #6-Z-86, on second and final reading, the substance of which is as follows: AN ORDINANCE AMENDING PRIOR ZONING ORDINANCES, PROVIDING FOR THE REZONING OF CERTAIN REAL PROPERTY FROM B-1 (NEIGHBORHOOD BUSINESS) TO B-6 (BUSINESS DISTRICT) LANDS DESCRIBED AS TRACT 7 OF THE PLAT OF FORT LAUDERDALE TRUCK FARMS, SECTION 13, TOWNSHIP 49 SOUTH, RANGE 41 EAST, AS RECORDED IN PLAT BOOK 4, PAGE 31, OF THE RECORDS OF BROWARD COUNTY, FLORIDA (OTHERWISE DESCRIBED AS THE LANDS ON THE SOUTHWEST CORNER OF COMMERCIAL BOULEVARD AND NW 47 TERRACE; EXTENDING WESTWARD TO THE FLORID STATE TURNPIKE); PROVIDING FOR AMENDMENT OF THE OFFICIAL ZONING MAP TO REFLECT SUCH CHANGE: PROVIDING FOR SEVERABILITY: AND PROVIDING AN EFFECTIVE DATE. SYNOPSIS OF ACTIQ: APPROVED on second and final reading. Public hearing was held. ORDINANCE NO. 0-86-50 PASSED. * a) V/M Stelzer MOVED ACCEPTANCE of the Affidavits of Publication and * Posting for Temp. Ord. #1280, SECONDED by C/M Stein. VOTE: ALL VOTED AYE b) Mr. Applegate read Temp. Ord. #1280 by title. Mayor Hart opened the public hearing. Dr. Springaran, practicing at Commercial Blvd., Sunshine Shopping Plaza, said this inter- section is quite important with Commercial Blvd., 441 and the Turnpike meeting at that location. He said at present the traffic flow in that area is quite congested and he questioned the advis- ability of rezoning this area. Thelma Brown, City Planner, said rezoning from a B-1 to a B-6 designation will limit the amount of traffic that would normally be assumed in a B--1 use; therefore, the traffic count should be somewhat less than what it is now. Mayor Hart closed the public hearing with no further response. * C/M Gottesman MOVED APPROVAL of Temp. Ord. #1280 on second and * final reading, SECONDED by C/M Stein. VOTE: ALL VOTED AYE 9 9/10/86 /Pm 42. a) MOTION TO ACCEPT Affidavits of Publication and Posting for Temp. Ord. #1281 b) MOTION TQ ADOPT Temp. Ord. #1281, Rezoning Petition #8-Z-86, on second and final reading, the substance of which is as follows: AN ORDINANCE AMENDING PRIOR ZONING ORDINANCES, PROVIDING FOR THE REZONING OF CERTAIN REAL PROPERTY FROM B-1 (NEIGHBORHOOD BUSINESS) TO B-2 (PLANNED BUSINESS) LANDS DESCRIBED AS A PORTION OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 41 EAST, OF FORT LAUDERDALE TRUCK FARMS, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 4, PAGE 31 OF THE PUBLIC RECORDS OF BROWARD COUNTY (OTHERWISE DESCRIBED AS BEING LANDS ON THE NORTH SIDE OF COMMERCIAL BOULEVARD AT NW 47 TERRACE); PROVIDING FOR AMENDMENT OF THE OFFICIAL ZONING MAP TO REFLECT SUCH CHANGE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. SYNOPS15 OF ACTION: a) ACCEPTED Affidavits of Publication and Posting. b) APPROVED on second and final reading. Public hearing was held. ORDINANCE NO. 0-86-51 PASSED. a) V/M Stelzer MOVED ACCEPTANCE of the Affidavits of Publication and Posting, SECONDED by C/M Stein. Y-QTE: ALL YQTED AYE b) Mr. Applegate read Temp. Ord. #1281 by title. Tape 2 Mayor Hart opened and closed the public hearing with no response. V/M Stelzer MOVED APPROVAL of Temp. d. #1281 on second and final reading, SECONDED by C/M Stein. C/W Massaro said the Ordinance indicates that a B-1 designation would apply with the exception of a motel/hotel B-r2 use allowed. She asked if there is a recorded agreement to this effect and Thelma Brown, City Planner, said there is a Declaration of Restrictive Covenants which would run with the land and states that it will be used specifically for hotel/motel and B-1 uses. C/W Massaro asked the City Attorney if he is satisfied that no other B-2 uses are allowed and Mr. Applegate said they have not only limited it to that specific B-2 use but any other B-1 use as provided in the Code. He said he believes the Restrictive Coven- ant would be enforceable. C/W Massaro asked if the Covenant could be read into the record and Mr. Applegate did so. C/W Massaro noted that she did not feel this was strong enough. VOTE: ALL VOTED AYE CONSIDERATIONS Building Department/Community Development 26. MOTION__TO ADOPT Temp. Reso. #4280 accepting Declaration of Covenants and Restrictions offered by Turnpike Center Associates in conjunction with TpMp. Qrd,--#1281, Rezoning Petition #8-Z-86, for lands on the north side of Commercial Boulevard at NW 47 Terrace (Item #42 on this agenda). SYNOPSIS OF ACTION: RESOLUTION NO. R--86-302 PASSED. APPROVED Temp. Reso. #4280 with the Declaration of Covenants and Restrictions attached as an Exhibit. 10 9/10/86 /pm IJ I Mr. Applegate read Temp. Resq. 14280 by title. * C/M Stein MOVED APPROVAL of Temp. --Peso. #4280, SECONDED by * V/M Stelzer. VOTE: ALL VOTED AYE City Council Appointments 27. MOTION TQ_ALCBPT the resignation of Steve Popick from the Burglar Alarm Review Committee and to announce the vacancy. SYNOPSIS OF ACTION: APPROVED the resignation of Steve Popick and an announcement of the vacancy was made. * C/M Gottesman MOVED ACCEPTANCE of the resignation of Steve Popick, * SECONDED by V/M Stelzer. VOTE: ALL VOTED AYE Mayor Hart announced the vacancy on the Burglar Alarm Review Committee and urged interested parties receive an application from the City Clerk's office. Personnel Insurance 28. MOTION TO APPROVE Administrators as self -insured group SYNOPSIS OF ACTION: APPROVED. The City Manager was directed to review the self -insured group health program further. renewal of a contract with Medical Insurance the third party administrator for the City's health program (tabled from 7/23/86) . Judy Deutsch, Personnel Director, said the City is self -insured for the group health program and Medical Foundation Services is a non-profit corporation that will monitor the City's program to assure compliance with the provisions in the plan. * V/M Stelzer MOVED APPROVAL for renewal of the contract with * Medical Insurance Administrators as a third party administrator * for the City's self -insured group health program, SECONDED by * C/M Stein. C/M Stein asked if there is an increase in the amounts this year over last year and Mrs. Deutsch said no. She said said this is a new company but the cost is the same. C/W Massaro asked what these people are supposed to be doing and Mrs. Deutsch said the City does not have an insurance company administering its plan, it is self-administered with a third party administrator paying the City's claims. Mrs. Deutsch said these people will do pre -admission testing, concurrent review when someone is in the hospital and they will audit the hospital bills. She said they will be acting on the City's behalf to insure that the program is running in accordance with the City's cost -containment provision. City Manager Kelly explained that this item concerned MIA and Mrs. Deutsch apologized stating that she thought discussion concerned Item 37. 11 9/10/86 /pm J Mrs. Deutsch said Medical Insurance Administrators is the City's third party administrator and the City has been with them since July, 1984. C/W Massaro said this insurance program is terrible and a great inconvenience to the people and Mayor Hart asked Mrs. Deutsch if the City is bound to this contract for one year. Mrs. Deutsch said the City is bound for 30 days but there are other problems involved in making a change such as incurred but not reported claims, reinsurance, etc. Mrs. Deutsch said the cost containment that she was speaking of before was Medical Foundation Services. Mayor Hart suggested that if Council approves this, any complaints should be discussed with Mrs. Deutsch to determine if they can be corrected. Mrs. Deutsch said as late as yesterday she checked the market for the City's excess insurance to negotiate with the re- insurers. She said there are very few markets out there for the City's coverage; however, coverage could be secured at an addi- tional cost. She said because of the problems involved, she recommended that the City stay with MIA this year. C/W Massaro suggested that this be acted on but that the City Manager review this further. VOTE: Personnel Insuranc ALL VOTED AYE RESOLUTION$ 37. M IO TQ_A_D-OPT Tgmp. Beso. #4248 approving and authorizing the appropriate City officials to execute an agreement with Medical Foundation Services, Inc., to provide for pre- admission review, concurrent review, second surgical opinion and hospital bill audit in conjunction with the city's self - insured health program. SYNOP51S OF ACTION: RESOLUTION NO. R-86-308 PASSED. APPROVED. Council is to receive a report within 30 days from the City Manager and Personnel Director. Mr. Applegate read Temp. RgSp. #4248 by title. C/W Massaro said there are several problems with these programs such as having to notify the administrator 48 hours in advance that hospital admittance is necessary for their determination of whether or not it is necessary. She said if this is not done and an emergency exists, the insured person can go into the hospital but less money will be received because of this. Judy Deutsch, Personnel Director, said there would be a $500.00 penalty for not going through the procedure. She said all, local hospitals will be notified that in an emergency situation it would be the hospital's responsibility to contact Medical Foundation within the next 48 hours. She said the purpose of this is to avoid weekend admissions, in -patient testing vs. out -patient testing prior to admission, etc. She said these people will not jeopardize the health of the employees but will supervise the City's money. C/M Stein said the Humana system is a preferred provider and he suggested the City review this. C/M Gottesman asked Mrs. Deutsch what is classified as a "local" hospital and Mrs. Deutsch said all hospital billing offices will call the City offices for verifica- tion. She said they have the City's benefits on file with just the hospitals that most of the employees utilize. 1 I 12 Jr' 9/10/86 /pm 1 C/M Stein MOVED APPROVAL of Temp. Reso. #4248, SECONDED by V/M Stelzer. C/W Massaro added that Council should receive a report before 30 days from the City Manager and Personnel Director on this item. V TE: ALL VOTED AYE, CONSIDERATIONS Utilities West Utilities East 30. a) MOTION TO REJECT all bids received for replacement of 6 sewage pumping stations for Utilities East, Project 84-21, and for replacement of 9 sewage pumping stations for Utilities West, Project 86-15. b) MOTION TO APPROVE an Engineering Amendment to modify plans and specifications for pumping station Projects 84-21 and 86-15. c) MOTION TO APPR�VE rebidding of both projects. SYNOPS15 OF ACTION: a) REJECTED all bids. b) APPROVED. Engineering was authorized to enter into a contract with Williams, Hatfield & Stoner, Inc., for an upset price of $23,000.00 based on an hourly rate. c) APPROVED rebidding of both projects. C/M Stein said this was one bid with two bid numbers with Williams, Hatfield & Stoner as the engineers. He said the lowest bid came in close to $200,000.00 more than the estimated engineer- ing amount; therefore, the first MOTION is to REJECT the bids because they are too high. C/M Stein said in order to get closer to the estimate of Williams, Hatfield & Stoner, the Engineering Department has revised the engineering so that the new bid will be on a revised engineering scale which will hopefully bring it down to the amount Williams, Hatfield & Stoner originally stipulated. He said the c) portion concerns bidding for new specs. C/W Massaro asked if the City is spending money for the b) portion and C/M Stein said the City Engineers are doing this. Bill Greenwood, Utilities Director/City Engineer, said the esti- mated costs for Williams, Hatfield & Stoner to modify the plan specifications is not to exceed $23,000.00 on a per diem basis. C/W Massaro asked what the original cost was for Projects 84-21 and 86-15 and Mr. Greenwood said approximately $26,000.00 to $28,000.00. C/W Massaro said; therefore, approximately the same amount is being paid again in the modification and Mr. Greenwood said that is correct. C/M Stein said the City's new bidding procedure will have the engineering company guarantee that they can underestimate or over- estimate by more than 10% but, if they do, they will pay for the engineering review and not the City. He said the City did not have that in the original engineering agreement and there is no way to force this. C/W Massaro asked Mr. Greenwood who was at fault when these engineering prices came in so high and Mr. Greenwood said the Project Manager for Williams, Hatfield & Stoner, Inc., on this particular project, is no longer with the firm. 13 J 9/10/86 /pm a) C/M Gottesman MOVED to REJECT all bids on both projects, SECONDED by C/W Massaro. VOTE: ALL VOTED AYE b) C/M Stein MOVED APPROVAL of an engineering amendment to modify the plans and specifications for both projects, SECONDED by C/M Gottesman. Mr. Applegate said he was informed by the Director of Utilities that the amount of $23,000.00 should be included in the MOTION. C/M Stein said the maximum amount of $23,000.00 is available in the Utility Fund and he amended his MOTION for APPROVAL to enter into a contract with Williams, Hatfield & Stoner for the design with an upset price of $23,000.00 based upon an hourly rate. C/M Gottesman, as the SECOND, agreed to this amendment. VOTE: ALL VOTED AYE c) C/W Massaro MOVED APPROVAL for rebidding of both projects, SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE RESOLUTIONS City Attorney 32. MQTION TO A O T T eso #4252 declaring that the most equitable method of financing the cost of centralized well - fields in Broward County would be by the establishment of a total user fee. SYNOPSIS-9-FACTION: APPROVED. RESOLUTION NO. R--85-303 PASSED. Mr. Applegate read Temp. Res-Q.4252 by title. Mayor Hart said Council has received information from the Water Control District and some Council members attended the Executive Board meeting of the Broward League of Cities last week at which time this was discussed. He said the Water Management Control District has developed methods of guaranteeing fresh water for certain cities along the ocean; namely, Deerfield Beach, Hallan- dale and other coastal cities that are having salt water intrusion. Mayor Hart said their plan was to build an extensive system of inland water wells where the water would be piped to the cities on the coast that need the water. He said the question was how this was to be paid for and this will be decided by the County Commission. He said the projected amount is 50 million dollars for the installation and most of the cities in the west area of the County feel it is a problem which should be paid for by the users in those cities involved. Mayor Hart read T so #4252 in its entirety since, with Council's approval, this will be sent to the County Commission and Broward League of Cities. C/M Stein MOVED APPROVAL of Temp. Rgso-._44252, SECONDED by C/W Massaro. C/M Stein said the eastern cities of the County that are involved in this are blaming the western cities for this salt water intru- sion because of the increased population in the western area. 1 14 /pm0/86 J I 4 1 C/M Stein said the fallacy is that in the construction that was done there are no retention basins at all. He said V/M Stelzer is on the Executive Board and at next Monday's meeting, he should make Tamarac's position well known. V/M Stelzer said the Broward League of Cities has questioned how this will be financed and the people of the east have suggested the following methods of financing: 1. ad valorem tax 2. 1 cent sales tax 3. user tax V/M Stelzer said discussion at the meeting scheduled for 9/29/86 will regard these three methods plus any alternative method or none of those methods. He said at this meeting the City is stating that Tamarac does not want an ad valorem tax or a 1 cent sales tax but endorses a method whereby each City that uses water from that system will pay for it. He said at Monday's meeting there will be a poll to determine what the Broward League of Cities stand will be. C/W Massaro asked what will happen if they require Tamarac to be a user and Mayor Hart said Tamarac is not named as an endangered City in the Water Management Districts' plans. the construction of He said the County has requested that Tamarac help pay for this system. VOTE: ALL VOTED AXE 33. MOTION -TO ADOPT Temp-,Reso- #4276 appointing Christine Marie Carsky as Code Enforcement Board Prosecutor. SYNOPSIS OF ACTION: APPROVED as corrected. RESOLUTION NO. R-86-304 PASSED. Mr. Applegate read Temp. Reso. #4276 by title. C/W Massaro MOVED APPROVAL of Tpm,Reso. 14276, SECONDED by C/M Stein. VOTE: ALL VOTED AYE C' Council A o'nt nts 34. a) MOTION TO AD PT TeM9. Reso. #4277 appointing Karen Dickerhoof as a member of the Recreation Board. b) MOTION TO ADOPT Tem . Reso. #4278 amending the terms of Edward Rockwell, John Hamilton and Arthur Santman, members of the Board of Adjustment. SXN09PR931IS OF ACTION: RESOLUTION NO. R-86-305 PASSED. a) APPROVED b) TABLED (See Page 2). a) Mr. Applegate read TnA_ eso. #4277 by title. C/M Gottesman MOVED APPROVAL of TeMp._Reso. #4277, SECONDED by C/M Stein. VOTE: ALL -VOTED -AYE Gen!ral Administrative 35, NOT QN TO ADOPT TemP. Reso. 4279 approving Addendum No. 3 to the contract for solid waste collection and disposal between the City and Waste Management, Inc. ,SYNOPSIS QF ACTION: APPROVED with the rates as stipulated below. RESOLUTION NO. R-86-306 PASSED. 15 19/10/86 /pm v Tape 3 Mr. Applegate read Temp. Reso. #4279 by title. Emerson Allsworth, Attorney for Waste Management, said in Para- graph 13 of their contract with the City, there is a statement that disposal rate increases are a direct pass through item and central disposal, which is a division of Waste Management that operates the north Broward landfill, is increasing the disposal rate $2.00 per ton effective 10/1/86. Mr. Allsworth said they have; therefore, sent the City an explana- tory letter and asked that this be agendized so that it may be equated into the contract on a per -dwelling -unit basis. He said when the disposal rate increase is transferred on a per -unit basis, it totals $.38 per dwelling unit. He said in Tamarac, where there is such a large number of multiple family condominium units, they were asked in the past to devise a division of costs between condominium and single family homes. He said the reason for this is that it costs more to pick up at a single family dwelling than a condominium since they use a bulk rate type of container. Mr. Allsworth said the ratio established was that the condominium rate would be 70% of the single family rate. He said they took $.38 per dwelling unit, which is a County -wide rate based on the disposal rate increase and 70% of that amount determined $.27 for condominiums. He said their request; therefore, is $.38 for single family and $.27 per unit for the condominium units. Mr. Allsworth said the City Attorney requested that he prepare a historical explanation on the two landfills and the County land- fill in Davie. He said he has done that and filed it with the City Clerk. Ed Johnson, of Southern Sanitation, said in conversation with the City Manager, it was noted that in a more equitable distribution of the rates, they concluded the amounts should be $.22 for condominiums and $.36 for single family homes; which is a further reduction of $.05 on the condominiums and $.02 on the single family home rate. C/M Stein said he is pleased that the City is now in a situation where the tipping fee is paid to the parent company of the company that is passing on the increase to the City. He noted that the County landfill is being closed and there is nothing the City can do. Mr. Allsworth said for approximately 20 years, Waste Management has operated the north Broward landfill substantially as a service. He said simultaneously, the County has operated the landfill in Davie and the rates have always been at a parity because they did not want to create a competitive situation with a hauler. Mr. Allsworth said the County wanted uniform rates and that artificially kept the rates at the north Broward landfill low because the Davie landfill is subsidized by the County through its ad valorem taxes. He said the County landfill is almost full and they have a closure date anticipated as 4/l/87. He said they are under an administrative order from the State to cease dumping in Davie by 12/31/87. Mr. Allsworth said Waste Management has not been under County control since 1982 but has exercised restraint so as not to create a diversity of rates. He said this increase, which is effective 10/1/86, of $2.00 per ton, is extremely modest and Waste Management must pay the disposal rates when its trucks go there. He said if the rates were not paid it could be an anti-trust situation; therefore, the profit and loss for this company is effected like any other hauler. 16 9/10/86 /pm 1 Mr. Allsworth said this modest increase is placed on them by environmental constraints of the State D.E.R. He said the system costing many millions of dollars was installed to remove odor from the landfill. He said the future County landfill will be located at U.S. 27 near Sheridan St. and there will be a lag period between the closing of the Davie landfill and the opening of this one. C/M Gottesman MOVED APPROVAL of Temp. Reso. 1427.9, SECONDED by C/M Stein. C/M Stein asked how the City can know how many tons of garbage are removed from the City and Mr. Allsworth said they compute this on a per -unit basis. He said according to the census figures, the pounds of garbage generated per person per day is 4.9 and the average person's per living unit is 2.55 persons. He said 2.55 persons times 4.9 pounds of garbage equals 12.495 pounds per living unit per day. He said 12.495 pounds per living unit per day times 365 days per year equals 4,560.675 pounds per living unit per year. Mr. Applegate noted the following It is $6.37 as opposed to $6.39 - $3.06 as opposed to $3.11 - for the record: single family homes condominiums VOTE: ALL VOTED AYE 36. MOTION TO ADOPT Temp. Reso. #4251 approving and authorizing the appropriate City officials to execute an Interlocal Agreement with Broward County, et al, pertaining to the Metropolitan Planning Organization (MPO). SYNOPSIS OF ACTION: APPROVED. C/M Stein was appointed as the Alternate Voting Member to the MPO. RESOLUTION NO. R-86-307 PASSED. Mr. Applegate read aPm� Reso. #4251 by title. Mayor Hart said the MPO has been in existence for many years but the representation was very bad with Fort Lauderdale having 3 votes, Hollywood having 2 votes and the smaller cities with no representation. He said the cities in west Broward have fought for representation on this Board and, finally, the Governor approved a new plan in which the cities have representation with Tamarac being an alternate delegation to Coral Springs. * * Mayor Hart noted that an Alternate Voting Member must be chosen * and C/M Stein MOVED APPROVAL of Temp. Reso. #4251, SECONDED by * C/W Massaro. VOTE: ALL VOTED AYE * * V/M Stelzer MOVED to appoint C/M Sydney Stein as the Alternate * Voting Member on the MPO, SECONDED by C/M Stein. VOTE: ALL _OTED AYE Utilities West 38. a) MOTION -TO DO T TeMP, R so. #4271 awarding a bid to Ric - Man, International, Inc., in the amount of $2,110,779.50, for the Northwest Force Main Improvements, Project 84-6, and authorizing the appropriate City officials to execute all necessary contract documents contingent upon written approval from the Florida Department of Environmental Regulation. 17 9/10/86 /pm 38. b) MOTION TO ADOPT TeMp__$g,s2. #4272 awarding a bid to Blankenship & Associates, Inc., in the amount of $4,667.00 for a 4" x 4", 2-cylinder, 4-cycle, air-cooled, diesel engine driven pump. c) MOTION `TO -ADOPT Temp_,_,.ggso. #4273 awarding a bid to Sunstate Metal and Supply, Inc., in the amount of $5,207.40, for a test bench for 2-inch and 1-1/2-inch water meters. d) MOTION TO ADOPT Tgmp. Reso #4274 awarding a bid to Man Con, Inc., in the amount of $1,764,842.50, for the Univer- sity Drive Utility Relocation/201 Force Main -- Phase 1, Projects 86-2/86-5 and authorizing the appropriate City officials to execute all necessary contract documents. e) MOTION TO ADOPT TemR. Rego,#4275 awarding a bid to Reactor Controls, Inc., in the amount of $1,480,100.00, for the 201 Pump Station, Project 86-5, and authorizing the appropriate City officials to execute all necessary contract documents. SYNQRSIS OF ACTION: RESOLUTION NO. R-86-309 PASSED. APPROVED a) through e). RESOLUTION NO. R-86--310 PASSED. RESOLUTION NO. R-86-311 PASSED. RESOLUTION NO. R-86-312 PASSED. RESOLUTION NO. R-86-313 PASSED. a) Mr. Applegate read Temp_. Reso#4271 by title. C/M Stein MOVED APPROVAL of Temp. Reso 4271, SECONDED by C/M Gottesman. C/M Stein noted that the total amount of money saved on these 5 bids is $500,000.00 and this does not involve additional funding since this is part of the original 12 million dollar bond issue. VOTE: ALL VOTED AYE b) Mr. Applegate read Temp. Reso. #4272 by title. C/M Stein MOVED APPROVAL of TpMR. agso. 4272, SECONDED by C/M Gottesman. VOTE: ALL VOTED_ AYE c) Mr. Applegate read Temp. Reso. 14273 by title. C/M Gottesman MOVED APPROVAL of Temp, Egso,-44273, SECONDED by C/M Stein. VOTE: ALL VOTED AYE d) Mr. Applegate read Tgmp._Reso. #4274 by title. Mayor Hart asked what the anticipated amount was a few months ago and Mr. Greenwood, Utility Director/City Engineer, said the bid was made up of 2 parts with a total of $1,764,842.00 and there is an approximate $300,000.00 savings on that. C/M Gottesman MOVED APPROVAL of Temp, so. #4274, SECONDED by C/M Stein. VOTE: ALL V TED YE e) Mr. Applegate read T m . R so #4275 by title. C/M Gottesman MOVED APPROVAL of Temp, so 4275, SECONDED by C/M Stein. VOTE: ALL VOTED AYE I 1 18 9/10/86 /pm V ORDINANCES I I n 39. MOTION TO APPROVE -Temp. O d. #1290 on first reading, the substance of which is as follows (tabled from 6/25/86): AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF TAMARAC PERTAINING TO PHOTOCOPYING FEES; PROVIDING FOR FEES FOR THE COPYING OF ZONING AND STREET MAPS; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. SYNOPSIS OF ACTION: APPROVED on first reading. Mr. Applegate read TpMp. Ord. #1290 by title. C/M Gottesman MOVED APPROVAL of Temp. Ord..__11290 on first reading, SECONDED by C/M Stein. VOTE: Utilities West ALL VOTED AYE 43. MQTION TO APPROVE request by TUW to extend the contract for rehabilitation of Filters 3 & 4, Project 85-270 for 35 days. YNOP I OF ACTION: Agendized by Consent on Page 3 APPROVED. V/M Stelzer said TUW has requested approval of a 35 day extension to a contract which has no effect on the original bid price. V/M Stelzer MOVED APPROVAL of this time extension of 35 days, SECONDED by C/W Massaro. TE: ALL VOTED AYE -44. MOTIQN_TO APPROVE Hazen and Sawyer design fee in the amount of $4,950.00 to design an electrical vault as required by FP&L for entire park complex - Project 87-8, TUW, Tract 27. SYNOPSIS OF ACTION: Agendized by Consent on Page 3 APPROVED. V/M Stelzer MOVED APPROVAL of this item, SECONDED by C/M Gottesman. Mayor Hart asked where this vault is and V/M Stelzer read the following: "It is across from the Tract 27 Park and power requirements will be to supply electrical service to the new Tamarac Utility West water pumping station presently under construction. The remaining portion will be to supply lighting of the present soccer fields and future lighting in the Park as may be required." VOTE: 9-ity Council - ALL VOTED AYE Mayes Hart reported that on Tuesday, 9/23/86, at 6:00 P.M. in the Tamarac Recreation Center, there will be a Final Public Hearing on the Budget for FY 86/87. He said in addition there will be a Council Budget workshop on Wednesday, 9/17/86 at 10:00 A.M. 19 9/10/86 /pm V/M Stelzer -- No report. C/M Stein - No report. C_/M__Gottesman - No report. C/W Massaro No report. City Att __rne Mr. Applegate said he will introduce his new Administrative Secretary to Council on Monday. City Man - Mr. Kelly said the Florida Pollution Control Association annually presents an award called the E.B. Phelps Award to plants that are considered to be setting standards for excellence in pollution control. He said staff is proud that Tamarac Utilities West is one of the three plants being considered State-wide. He said a site visitation is being planned by the Review Committee on 9/30/86. Mr. Kelly said he is proud to have been selected as the Program Chairman for the County Blue Chip Program, which will have its kick off at the Inverrary Country Club on 9/18/86. Mr. Kelly said he received a whimsical memo from Police Chief McIntosh some time ago regarding the need for a Psycological Intervention or Employee Assistance Program and he noted that he will look into this. Mayor Hart adjourned the meeting at 9:10 P.M. 41_.e_AA1,;;7 a4liel Bernard Har MAYOR TEST: Marilyn Be holf CITY CLERK This public document was promulgated $5.58 per copy to inform the general and employees about recent opinions Council of the City of Tamarac. at a cost of $201.04 or public and public officers and considerations by the City CITY OF TAMARAC APPROVED AT MEETING OF_2iz� o �� City Clerk 20 9/10/86 /pm I- I 1