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HomeMy WebLinkAbout1986-09-24 - City Commission Regular Meeting Minutes��ORIDP P.Q. BOX 25010 TAMARAC, FLORIDA 33320 RECORD Q-FQOUNC-1L_DJSCIQN,9AND ACTIONS FIRST QLASS MAIL CITY OF TAMARAC CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY SEPTEM13ER 24 1986 CALL, TO„ORDER: 9:00 A.M. ANNOUNCEMEETF 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 FORUM - 11:30 A.M. - Any member of the Public who wishes to address the City Council at this time must, in advance of the item, give his/her name and address to the City Clerk. SPEAKER: Joe Padwa - Resident of Concord Village objected to the sign that is 120 square feet in dimension being located at University Dr. and Commercial Blvd. Shirley u f' ld - 7030 NW 102 Ave., requested all candidate signs be removed from the City and she suggested the Public Works Department erect "Vote Today" signs throughout the City at the appropriate times as reminders to residents to vote. 2. Presentation of a proclamation by Mayor Hart designating October as "FORGET ME NOT MONTH". FINAL ACTION: Mayor Hart presented the proclamation to Esther Kramer. 3. Present,at,ion, of a proclamation by Mayor Hart designating the week of October 6 - 10 as "FIRE PREVENTION WEEK". FINAL ACTION• Mayor Hart presented the proclamation to Bryan Hurst and Richard Taylor, representatives of the Fire Department. 4. Presentation of a proclamation by Mayor Hart designating the week of October 5 - 11 as "NATIONAL EMPLOY THE HANDICAPPED WEEK". FINAL ACTION: This proclamation will be sent to the appropriate people. PAGE 1 9/24/86 5. Presentation of a proclamation by Mayor Hart designating the week of October 12 - 18 as "NATIONAL SCHOOL LUNCH WEEK". FINAL ACTION: Mayor Hart presented this proclamation to Vonda Moonier, Supervisor of Nutrition Education and Training for the Broward County School Board. 6. Presentation of a proclamation by Mayor Hart designating the week of October 12 -- 19 as "ITALIAN AMERICAN FESTIVAL DAYS" in celebration of Columbus Day. FINAL -ACTION: Mayor Hart presented this proclamation to William Cirminiello, President of the Italian American Club of Tamarac. 7. a) Presentation of a proclamation by Mayor Hart designating the week of October 20 - 26 as "TAMARAC SECURITY AWARENESS WEEK". b) MOIJON TQ APPROVE waiving of all fees in connection with use of the Tamarac Park for this activity. c) Temp. Reso. #4285 - Hold Harmless Agreement with BM FINAL ACTIO a) Mayor Hart presented this proclamation to Irving Lopatey, President of the Tamarac Presidents Council b) APPROVED. c) Agendized by Consent and APPROVED Temp. Rg so. #4285 accepting the Hold Harmless Agreement with BSO. RESOLUTION NO. R-86-317 PASSED. CONSENT AGENDA - Items 8 thru 25 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. Engineering Depaxtmpnt 8. MOTION TO ADOPT Temp, Reso. #4287_ releasing a warranty Letter of Credit posted for sidewalks, slabs, curbs and gutters for KINGS POINT RECREATION COMPLEX. FINAL ACTION:RESOLUTION NO. R-86-318 PASSED. APPROVED releasing a warranty Letter of Credit #85320 in the amount of $10,039.69. 9. MOTION TO ADOPT Temp. Reso. #4288 releasing warranty Letter of Credit posted for sewers at Phase I, KINGS POINT/BELFORT PROJECT. FINAL ACTION: RESOLUTION NO. R-86-319 PASSED. APPROVED releasing warranty Letter of Credit #84147 in the amount of $12,899.25. I. PAGE 2 9/24/86 10. MOTION TO ADOPT Temp. Reso. #4289 calling a surety bond No. 80753748 for the positive drainage system at the MOBIL OIL STATION on NW 88 Avenue and 78 Street. FINAL _ACTION: REMOVED from the agenda since an extension has been received. 11. MOTION TO ADOPT Temp. Reso. #4290 calling a performance bond for public improvements at the WOODMONT TRACT 74/75 (BONAIRE) SITE PLAN 5 PROJECT. FINAL ACTION• REMOVED from the agenda since an extension has been received. 12. MOTION TO ADOPT Temp. Reso. #4291 calling a performance bond #304386 for public improvements at WOODMONT TRACT 74/75 (BONAIRE) SITE PLAN 6. FINAL ACTION: REMOVED from the agenda since an extension has been received. 13. MOTION TO ADOPT Temp. Reso. #4292 accepting three (3) pump stations and easements offered by TAMARAC ENTERPRISES, INC. (PROJECT #84-21). FINAL ACTION: RESOLUTION NO. R-86-320 PASSED. APPROVED accepting Utility Easements and Pump Stations 1E, 2E and 3E offered by Tamarac Enterprises, Inc. 14. MOTION_TQ APPROVE the Utilities Director at CONFERENCE during the FINAL ACTION: APPROVED. attendance of the City Engineer/ a WATER POLLUTION CONTROL FEDERATION week of October 5 - 9, 1986. PersonnelZInsurance Department 15. MOTION TO ADOPT Temp. s #4283 establishing an alternative DEFERRED COMPENSATION PLAN with INTERNATIONAL CITY MANAGEMENT RETIREMENT ASSOCIATION. FINAL ACTION: APPROVED. RESOLUTION NO. R-86-321 PASSED. 16. MOTION TO ADOPT Temp. Reso. #4286 establishing an alternative DEFERRED COMPENSATION PLAN with EQUITABLE LIFE ASSURANCE SOCIETY. FINAL ACTION: APPROVED. RESOLUTION NO. R-86-322 PASSED. MOTION TO APPROVE renewal of insurance coverage through the FLORIDA LEAGUE OF CITIES AND CHUBB INSURANCE COMPANY, effective October 1, 1986. FINAL ACTION: APPROVED (as outlined in Judy Deutsch's memo of 9/16/86). PAGE 3 9/24/86 ** Revised 9/29/86 Finance Department 18. MOTION TO APPROVE payment of annual membership dues to the FLORIDA LEAGUE OF CITIES. FINAL ACTIO APPROVED in the amount of $2,007.58 for the period from 10/1/86 to 9/30/87. 19. MOTION TO APPROVE payment of invoice from KIMLEY HORN in the amount of $342.65. FINAL ACTION: APPROVED. Items to be emov d f om the A end 20. MOTION TO APPROVE REMOVAL from the agenda of Temp. Reso. #4025 establishing investment procedures. FINAL ACT I O: APPROVED REMOVING Temp Reso. #4025 from the agenda. 21. MOTION TO APPROVE REMOVAL from the agenda of Temp, Ord. #1166 relating to Burglar Alarms. FINALACTION: APPROVED REMOVING Temp. Ord. #1166 from the agenda. 22. MOTION TO APPROVE REMOVAL from the agenda of the item concerning DELINQUENT WATER BILLS. FINAL ACTION: APPROVED REMOVAL of this item from the agenda. City Clerk Department 23. MQTIPPRQVE minutes of the following meetings: a) 9/5/86 - Special Meeting b) 9/8/86 - Special Meeting FINAL ACTION: APPROVED. 24. MOTION TO APPROVE renewal of a commercial/business office trailer permit for CALIFORNIA FEDERAL SAVINGS AND LOAN, 6180 Rock Island Road. FINAL ACTION: APPROVED for 6 months from 9/26/86 and to expire 3/26/87. 25. MOTION TO DENY renewal of a model sales permit for Units 33 - 36 and waiver of the 300-foot distance require- ment from occupied units for LAKE COLONY/BROOKWOOD GARDENS. FINAL ACTION: ** DENIED renewal of model sales permit. 1 1 PAGE 4 9/24/86 CONSIDERATIONS City Counci ointments 26. ANNOUNCEMENT OF -VACANCIES to: a) Board of Adjustment - I alternate member b) Planning Commission - 3 alternate members c) Burglar Alarm Committee - 1 regular member FINAL ACTIQN: Mayor Hart made the announcement of vacancies on the above named Boards and Committees and urged interested parties to contact the City Clerk's office for applications. General Administrative 27. MOTION TO APPR VE an increased benefit for all employees in the EMPLOYEE RETIREMENT PLAN. FINAL ACTION• APPROVED with increased benefits as follows: 1. General Employees - Increase formula from 1-1/4% to 2%, with the member contributions increased by 4% to a total of 5%, costing an additional $57,500.00. 2. Police Officers - Increase formula from 1.75% to 2%, in accordance with State Statute effective 10/l/861 costing an additional $28,000.00. 3. Firs ghtprs - Increase formula from 2-1/2% to 3%, costing an additional $39,000.00. 4. The vesting schedule for all employees was decreased from 15 years to 10 years. 28. MOTION TO APPROVE Temp. Reso,_#4298 approving a contract with Construction Management Services, Inc., having Keith Emery serve as the MUNICIPAL COMPLEX CONSTRUCTION SERVICES Manager. FINAL ACTION: RESOLUTION NO. R-86-323 PASSED. APPROVED. 29. MOTION TO APPROVE an invoice from MORGAN, LEWIS AND BOCKIUS, ESM Litigation Attorneys, for services through July, 1986. FINALACTION: APPROVED payment to Morgan, Lewis & Bockius for an invoice for services through July, 1986, in the amount of $370,097.00. 30. MOTION TO APPROVE an invoice from ENGLISH, MC CAUGHAN & O'BRYAN, Special Counsel, ESM Litigation for services through August 15, 1986. F I NAL ACTION: APPROVED payment to English, McCaughan & Q'Bryan, Special Counsel for ESM Litigation, in the amount of $210.94. 1. MOTION TO APPROVE that $86,652.00 from line item account number 001-872-581-901 of the budget named Contingency be transferred to line item account number 001-179--519-499 named ESM Litigation. The balance in the account from which the monies are transferred was $202,417.00 prior to the transfer and $115,756.00 subsequent to the transfer. The amount of money in the account to which the monies are to be trans- ferred was - 0 - prior to the transfer and $86,652.00 subsequent to the transfer. PAGE 5 9/24/86 31. MOTION TQ APPROVE Budget Transfer - Cont'd. FI_AL ACTION: APPROVED. PUBLIC HEARING -- 10:00 A.M. 32. MQTIQN TO ADQPTs #4295 relating to the FIVE YEAR CAPITAL IMPROVEMENT PLAN for 1986/87 to 1990/91. FINAL ACTION: RESOLUTION NO. R-86-324 PASSED. APPROVED. Public hearing was held. PUBLIC HEARING - 5:05 P.M. 33. MOTION TQ &DQPT hemp--,B&so. J#4296 relating to an Amendment to the LAND USE PLAN FOR LAND SECTION 7. FINAL ACTION: RESOLUTION NO. R-86-329 PASSED. APPROVED. Public hearing was held. RESOLUTIONS City Council Appointments 34. MOTION TO ADOPT Temp. gesQ,_#4278 amending the terms of Edward Rockwell, John Hamilton and Arthur Santman, members of the BOARD OF ADJUSTMENT (tabled from 9/10/86). FINAL ACTION: RESOLUTION NO. R-86-325 PASSED. APPROVED amending the terms as follows: Edward Rockwell - Regular Member - 3 year term to expire 7/16/89 John Hamilton - Regular Member - 3 year term to expire 7/16/89 Arthur Santman - Alternate Member - 1 year term to expire 7/8/87. 35. MOTION TO ADOPT Temp. Reso. #4293 appointing seven (7) members to the CHARTER REVIEW COMMITTEE pursuant to Ordinance 86-49. FINAL ACTION: RESOLUTION NO. R-86--326 PASSED. APPROVED appointing the following: Council member appointing a of Appointee Mayor Hart Harold Newman Councilman Stein Sam Levine Councilman Gottesman Isaac "Zeke" Feldman Vice Mayor Stelzer Henry Schulman Councilwoman Massaro Oscar Tucker Mayor Hart, with V/M Stelzer as his designee, are members to this Committee as well as Bruce Hoffman, Charter Board Chairman. 36. MOTION TO ADOPT Temp. Reso. #4297 appointing a member, as the City's representative, to the Mayor's Blue Ribbon Panel for the PERFORMING ARTS CENTER AUTHORITY. 17 1 �J PAGE 6 9/24/86 36. PERFORMING ARTS CENTER AUTHORITY - Cont'd. FINAL ACTION: RESOLUTION NO. R-86-327 PASSED. APPROVED appointing Esther Kramer as the City's representative. Building/Community Development 37. MOTION TO ADOPTTemp._R_esg, 14294 approving a plat for UNIVERSITY CLUB. INAL ACTION: TABLED to the 10/8/86 Council meeting at the request of the developer. 38. MOTIO T APPROVE a Drainage Retention Agreement for UNIVERSITY CLUB. FINAL ACTION: - TABLED to the 10/8/86 Council meeting at the request of the developer. 39. MOTION TO ADOPT Temp. Reso. #4241 renewing a waiver of the sign ordinance for GREEN THUMB LAWN & GARDEN CENTER, INC., for a sign located on property other than their own. FINAL ACTION: REJECTED Tgmp,_ go. #4241 since Green Thumb has not received a permission letter from Causeway Lumber for this sign despite the fact that the City has given them ample time to do so. 0. MOTION TO ADOPT Temp, Reso. #4253 renewing a waiver of the sign ordinance for a temporary oversized ground sign for LAKES OF CARRIAGE HILLS and directing the appropriate parties to remove the sign. FINAL ACTION: TABLED to the 10/8/86 Council meeting for payment of fees due. 41. City Council 42. City Manager 43. City Attorney REPORTS AGENDIZED BY CONSENT 44. MOTION TO APPROVE Change Order #2 to R.J. Sullivan for construction of the FP&L Electric Vault in the amount of $58,050.00. I AL ACTION• APPROVED including Hazen & Sawyer engineering at $4,950.00 previously approved by Council: Account #345-761-572-643 - $37,800.00 Account #432-363-537-326 - 22,176.00 Account #428-363-533-326 - 3,024.00 TOTAL •- $63,000.00 45. MOTION -TO APPROVE Temp. Reso. #4300 assessing a rate for the residential garbage collection and disposal fee, providing for 100% billing of said fee. PAGE 7 9/24/86 45. MOTION TO APPROVE Temp. Reso. #4300 - Cont'd. FINAL ACTION: RESOLUTION NO. R-86-328 PASSED. APPROVED with the following charge per month for: a) Curb service per unit (other than condominium) $6.37 b) Dumpster service per unit (condominium) $3.06 These fees shall be billed on the customer's regular utility bill. The City Council may consider and act upon such other business as may come before it. Pursuant to Chapter 286.0105, Florida Statutes, if a person decides to appeal any decision made by the City Council with respect to any matter considered at such meeting or hearing, he may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is based. Marilyn Bertholf, CMC City Clerk ' 1 1 PAGE 8 9/24/86 CITY OF TAMARAC, FLORIDA I REGULAR CITY COUNCIL MEETING September 24, 1986 Tape 1 CALL TO.ORDER: Mayor Hart called the meeting to order on Wednes- day, September 24, 1986, at 9:00 A.M. in the Council Chambers. ROLL CALL: PRESENT: AL O PREgErT: Mayor Bernard Hart Councilman Sydney M. Stein Councilman Arthur H. Gottesman Vice Mayor Jack Stelzer Councilwoman Helen Massaro John P. Kelly, City Manager Richard Rednor, Consulting City Attorney Marilyn Ser.tholf, City Clerk Patricia Marcurio, Secretary MEDITATION_ AND_ PLEDGE,_ OF',._ALLEGIANCE: Mayor Hart called for a Moment of Silent Meditation followed by the Pledge of Allegiance. CONSIDERATIONS General Administrative 28. MOTION TO APPROVE, a contract with Keith Emery to serve as the MUNICIPAL COMPLEX CONSTRUCTION SERVICES Manager. SYNOPSIS_ OF_ ACTION: Correction to the agenda was made. (See Pages 8 & 9) . V/m Stelzer said the agenda should be cliariged f ror, "Kei tit Erreiyll to "Construction Management Services, Inc.", since the contract is with the firm. RESOLUTIONS Cty_Council.Appointments 34. MOTIQN_TO_ADOPT Temp._.Reso. #4278 amending the terms of Edward Rockwell, John. Hamilton and Arthur Santman, members of the BOARD OF' ADJUSTMENT (tabled from 9/1.0/86). SYNOPSIS OFr. A.CTI:_ON : Correction to the agenda was made. (See Page 13). VIM Stelzer said the agenda should he changed to rEflect. Ten!. Re:o. #4_278 instead of Temp._ Reno._ #4251. as is shown. Building/CommunityDevelopment 39. MOTION TO_REJECT_Te�np. Reno. #4241 renewing a waiver of the sign ordinance for GREEN THUMB LAWN & GARDEN CENTER, INC., for a sign located on property other than their own. 40. MOTiDN_ TO RFJE,CT Temp_,_Reso. #4253 renewing a waiver sign of the for LAKES sign ordinance for a temporary oversized ground OF' CARRIAGE HILLS and directing the appropriate parties to remove the sign. SYNOPSIS_ OF_. ACTICr : (See Pages 3, 4 & - 4) . Changed "Motion to Reject" on both these items to "Motion to Approve" to avoid negative votes. 1 9/24/86 /pm V/M Stelzer said the "Motion to Reject" on both these items should be changed to "Motion to Approve" to allow Council to vote it down. CONSENT AGENDA 10. MOTION TO_ ADOPT_ Tepp_._ Reso. #4289 calling a surety bond No. 80753748 for the positive drainage system at the MOBIL OIL STATION on NW 88 Avenue and 78 Street. SYNOPSIS OF ACTION: REMOVED from the agenda since ari externsior7 bas, been received. V/M Stelzer MOVED to REMOVE this item from the agenda since an extension to the bond has been received, SECONDED by C/M Stein. VOTE: ALL VOTED AYE 11. MQTION_TO_ADOPT _Temp. Reno. #4290 calling a performance bond for public improvements at the WOODMONT TRACT 74/75 (BONAIRE) SITE PLAN 5 PROJECT. SYNOPSIS OF ACTION: REMOVED from the agenda since an extension has been received. V/M Stelzer MOVED to REMOVE this item from the agenda since an extension bas been received, SECONDED by C/M Stein. VOTE: ALL VOTED AYE, 12. MOTIQN_,T4_ ADOPT Tempt_ Reso. #4291 calling performance bond #304386 for public improvements at WOODMONT TRACT 74/75 (BONAIRE) SITE PLAN 6. SYNOPS_I5 OF ACTION: REMOVED from the agenda since an extension has been received. V/M Stelzer MOVED to REMOVE this item from the agenda. since the extension has been received, SECONDED by C/W Massaro. VOTE: ALL VOTED AYE RESOLUTIONS Build i---g ommuni.ty_ Deyelopment 37. MOTION_ TO ADOPT'_ Temp._ Reo. #4294 approving a plat for UNIVERSITY CLUB. SYNOPSIS OF ACTION: TABLED to the 10/8/86 Council meeting at the request of the developer. V/M Stelzer MOVED to TABLE this item to the 10/8/86 Council meeting at the request of the developer, SECONDED by C/W Massaro. VOTE: ALL VOTED AYE K 9/24/86 /pm 1 38. MOTION TO_APPROVE a Drainage Retention Agreement for UNIVERSITY CLUB. SYNOPSIS OF ACTION: TABLED to the 10/8/86 Council_ meeting at the request of the developer. V/M Stelzer MOVED to TABLE this item to the 10/8/86 Council meeting at the request of the developer, SECONDED by C/W Massaro. VOTE: ALL VOTED AYE 7. a) Presentation of a proclamation by Mayor Hart designating the week of October 20 -- 26 as "TAMARAC SECURITY AWARENESS WEEK". b) MOTION TO APPROVE waiving of all fees in connection with use of the Tamarac Park for this activity. c) Temp. Reno.#4285 - Hold Harmless Agreement with BSO. SYNOPSIS OF -ACTION: c) Agendized by Consent. (See Page 5). V/M Stelzer MOVED to Agendized by Consent a c) portion, Temp. Rego. #42$5, regarding a Hold Harmless Agreement with BSO, SECONDED by C/M Stein. MOTE: Public Works ALL_ VOTED AYE 44. MOTION TO APPROVE Change Order #2 to R.J. Sullivan for construction of the FP&L Electric Vault in the amount of $58,050.00. SYNOPSIS_QF ACTION: Agendized by Consent. (See Pages 14, 1.5 & 16). V/M Stelzer. MOVED to A.gendize this item by Consent, SECONDED by C/M Stein. VOTE: ALL VOTED AYE 45. MOTION TO_APPROVE_Temp. _Reso. #4300 assessing a rate for the residential garbage collection and disposal fee, providing for 100% billing of said fee. SYNOPSIS —OF ACTION: (See Page 16). Agendized by Consent. V/M Stelzer MOVED to Agendize this item by Consent, SECONDED by C/M Stein. VOTE: ALL VOTED AYE Building/Community_ Devel_o ment 40. MOTION -TO -ADOPT -Temp -.-Peso. #4. 253 renewing a waiver of the sign ordinance for a temporary oversized ground sign for LAKES OF CARRIAGE HILLS and directing the appropriate parties to remove the sign. SYNOPSIS__OF__CTION: (See Pages 1, 2 & 4) . TABLED to the 10/8/86 Council meeting for payment of fees due. 3 9/24/86 /pm C/W Massaro asked the City Manager if the fees due on this project have been paid and Mr. Kelly said no. C/W Massaro MOVED to TABLE this item to the 1.0/8/86 Counci..l meeting for payment of fees duej SECOI DED by C/M Gottesman. VOTE INTRODUCTION AI,L VOTED AYE 2. Presentation of a proclamation by Mayor Hart designating October as "FORGET ME NOT MONTH". SYNOPSIS OF ACTION: Proclamation was presented to Esther Kramer. Mayor Hart presented this proclamation to Esther Kramer, representative of the Performing Arts Center Authority. 3. Presentation of a. proclamation by Mayor Hart designating the week of October 6 -- 1.0 as "FIRE PREVENTION WEEK". SYNOpS19 OF ACTION: Proclamation was presented to Bryan Hurst and Richard Taylor, of the Fire Department. Mayor Hart presented this proclamation to Bryan Hurst and Richard Taylor of the Fire Department. 4. Presentation of week of October WEEK". SYNOPSIS OF ACTION: This procl.amat ion will be sent to the appropriate people. a proclamation by Mayor Hart designating the 5 - 11 as "NATIONAL EMPLOY THE HANDICAPPED Mayor Hart read this proclamation into the record and noted that this proclamation will be mailed to the appropriate people. 5. Presentation of a proclamation by Mayor Hart designating the week of October 1.2 -- IV, as "NATIONAL SCHOOL LUNCH WEEK". SYNOPSIS OF ACTION: Proclamation presented to Vonda Moonier, Supervisor of Nutrition Education and Training for the Broward County School Board. Mayor Hart presented the proclamation to Vonda Moonier, Supervisor of Nutrition. Education and Training for the Broward County School Board. 6. Presentation of a, proclamation by Mayor Hart designating the week of October 12 -- 19 as "ITALIAN AMERICAN FESTIVAL DAYS" in celebration of Columbus nay. SYNOPSIS OF ACTION: ProclainatJon was presented. 11 11 1 4 9124186 /pm Mayor Hart presented this proclamation to William Ci.rmi-niello, President of the Italian American Club of Tamarac. 7. a) Presentation of a proclamation by Mayor Hart designating the week of October 20 - 26 as "TAMARAC SECURITY AWARENESS WEEK". b) MOTION -TO -APPROVE waiving of all fees in connection with use of the Tamarac Park for this activity. c) Temp_._Reso. #42.85 - Hold Harmless Agreement with BSO SYN PSIS OF_ ACTION: a) Proclamation was presented to Irving Lopatey, President of the Tamarac: Presiderts Council. b) APPROVED. c) Agendized by Consent on Page 3 APPROVED. a) Mayon Hart presented this proclamation to Irving Lopatey, Presi- dent of the Tamarac Presidents Council. b) C/M Gottesman MOVED APPROVAL, waiving all fees in connection with the use of Tamarac Park for this activity, SECONDED by C/W Massaro, VOTE: ALL VOTED AYE,' c) Mr. Rednor read Temp. -_Reno. #4285 by title. C/W Massaro asked for a copy of the Hold Harmless Agreement and Mr. Rednor said it is attached to the Resolution. C/M Stein MOVED APPROVAL of Temp_._Reca. #4285, SECONDED by C/W Massaro. VOTE: ALL VOTED AYE RESOLUTIONS 36. MOTTON_TO_ADQPT Temp._Reso. #4297 appointing a member, as the City's representative to the Mayor's Blue Ribbon Panel for the PERFORMING ARTS CENTER AUTHORITY. SYIVOPSI: ..OF ACTION: RESOLUTION NO. R-86-327 PASSED. APPROVED appointing Esther Kramer as the Ci.ty's representative. Mayor Hart said Council was asked to re -approve the appointment of Esther Kramer, as the representative to the Performing Arts Center Authority. He said they reviewed the records and could not determine when she was originally appointed. He said Council. feels she has been doing an excellent job in this capacity for the last two years and should continue this work. Esther Kramer said the Performing Arts Center is being funded by the State, County and the Downtown Development Authority. She said the Performing Arts Center is going to be built downtown Fort Lauderdale on the New River Sailboat Ben. Mrs. Kramer_ said they have been working to get all 28 cities in Broward County to spread the word about the cultural. programs this will have. She said there will be three theaters, one will be approximately 7.0 :stories in height, a second with cr :eating capacity of approximately 600 seats and a third, smaller one. Mrs. Kramer said all County residents will benefit from the Center, which will have a ground -breaking ceremony in late spring of 1987. 5 9/24/86 /pm Mayor Hart suggested that Mrs. Kramer periodically contact the City Clerk's office to be put on the Council. agenda when Son?ething happens of interest to Tamarac. C/W Massaro asked if any funding has been received for this as yet and Mrs. Kramer said the total amount of funds recjuired are approxivat.e]y 3F-3/2 million dollars and, to date, they lieve 20 11;A lion &,)]]ars from tb e State, County, and the Fort Lauderdale Downtown Development Authority. Mrs. Kramer said the impact on the businesses will benefit the area lifestyle. C/W Massaro asked if the Center will be capable of its own finan- cing and Mrs. Kramer said it is projected to be a self --supporting Center. Mr. Rednor read Temp_._Reso. #4297 by title. V/M Stelzer MOVED APPROVAL, of Temp._ Reso_._ #4297, SECONDED by C/M Stein. VOTE: ALL VOTED AYE, CONSENT AGENDA - items F through 25 Engineeri_n Depart 8. MOTION_ TO_ ADOPT Temp._Pe o. #4287 releasing a warranty Letter of Credit posted for sidewalks, slabs, curbs and gutters for KINGS POINT RECREATION COMPLEX. SYNOPSIS_ OF _ACTION: APPROVED releasing warranty Letter of Credit #85320 in the amount of $10,039.69. RESOLUTION NO. R-86-318 PASSED. 9. MOTION TO_ADOPT_Temp.._.Peso. #4288 releasing a warranty Letter of Credit posted for sewerEa at Pbase I, KINGS POINT/ BELPORT PPOJECT . SYNOPS .S__ C>k' ACTION: APPROVED releasing warranty Letter of Credit #84147 in the amount of $12,899.25. RESOLUTION NO. P-86--31.9 PASSED. 1.0. MOTION TO ADOPT_Temp._Reso. #4289 calling a surety bond No. 80753748 for the positive drainage system at the MOBIL OIL STATION on NW 88 Avenue and 78 Street. SYNOPSIS_ OF_ ACTION: (See Page 2) . REMOVED from the agenda since an extension has been received. Il. MQTIOAT_ TO_..ADOPT__Temp. _ Reso_. #4290 calling a performance bond for public i.mproveritents at t1te WOODMONT TRACT 74/75 (BOA?AIRE) S]TF: PI,AN 5 PROJECT. S.YNOPSTS ACTION: (See Page 2) . REMOVED from the agenda. since an extension has been received. 12. MOTION_ TOADOPT_ Temp._ Reso. #4291 calling a performance bond #304386 for public improvements at WOODMONT TRACT 74/75 (BONAIRE) SITE PLAN 6. SYNOPSIS-OFACTION: (See Page 2). REMOVED from the agenda. since an extension haE, been received. 1 H 9/24/86 /pm 1 1 13. MOTION TO_„ADAPT__ Temp,_ Reso_,_ #4292 accepting three (3) pump stations and easements offered by TAMARAC ENTERPRISES, INC. (PROJECT #84-21.). SYNOPSIS OF ACT10_,: APPROVED accepting Utility Easements and Pump Stations 1E, 2E and 3E offered by Tamarac Enterprises, Inc. RESOLUTION NO. R-86-320 PASSED. 14. MOTI0N.TO APPROVE the attendance of the City Engineer/ Utilities Director at a WATER POLLUTION CONTROL FEDERATION CONFERENCE during the week of October 5 - 9, 1986. SYNOPSIS .OF ACTION: APPROVED. PersonneljInsurance___Det)a rtment 15. MQTIOR_ TO_ ADOPT_ ',Temp_._ R;eso. #4283 establishing an alternative DEFERRED COMPENSATION PLAN with INTERNATIONAL CITY MANAGEMENT RETIREMENT ASSOCIATION> ,Y�iQPI��F ACTION: APPROVED. RESOLUTION NO. R-86--321 PASSED. 16. MOTTON_TO_ADOPT_Temp,_.Reso. #4286 establishing an alternative DEFERRED COMPENSATION PLAN with EQUITABLE LIFE ASSURANCE SOCIETY. ,SYjvOP� ,5_ OF ACTION: APPROVED. RESOLUTION NO. R-86-322 PASSED. 17. MOTION TO APPR VE renewal of insurance coverage through the FLORIDA LEAGUE OF' CITIES AND CHUBB INSURANCE COMPANY, effec- tive October 1, 1986. SYNOPSIS _OF_.ACTIPN: APPROVED (as outlined in Judy Deutsch's memo of 9/16/86) . Finance Department 18. MOTIQN__TO APPROVE payment of annual membership dues to the FLORIDA LEAGUE OF CITIES. SYNOPSIS OF ACTION: APPROVED in the amount of $2,007.58 for the period from 10/1/86 to 9/30/87. 19. 4_0TIOR___TO APPROVE payment of invoice from KIMLEY HORN in the amount of $342.65. YAP _.,,OF_ ACTION: APPROVED. 20. WTxON_ TO_ APPROVE- RN,MOVA , from the agenda of Temp. Reso. #4025 establishing investment procedures. SYNOP,qI$ OF_ ACTI014: APPROVED removing Temp._Fpso. #4025 from the agenda. 7 9/24/86 /pm 21. MOTION _TQ.AFPRQVE REMOVAL from the agenda of Temp, -Ord_. 1166 relating to Burglar Alarms. SYNQPS IQF__ACTIQN: APPROVED removing Temp. Ord. _#1166 from the agenda. 22. MOTION TOAPPROVE_REMaVAL from the agenda of the item concerning DFJJ NQUENT WATER BILLS. SYNOPSIS OF ACTION: APPROVED removal of this item from the agenda. City Clerk_ Department 23. MOTION TO APPROVE minute of the following meetings: a) 9/5/86 - Special Meeting b) 9/8/86 -- Special Meeting SYNOPSIS_ OF ACTION: APPROVED. _._ _ _ __._- - _-. 24. MOTTON_T'0_APPROVE renewal of a commercial/business office trailer permit for CALIFORNIA FEDERAL SAVINGS AND LOAN, 6180 Rock Island Road. SYNOPSIS OF ACTION: APPROVED -far- 6`months from 9/26/86 and to expire 3/26/87. 25. MOTION TO DENY renewal of a mode] sales, permit for Units 33 36Fand waiver of the 300-foot distance requirement from occupied units for LAKE COLONY/BROOKWOOD GARDENS. SYNOPSIS OF ACTION: DENIED renewal of model sales permit. V/M Stelzer MOVED APPROVAL of all Consent Items 8 through 25 with the exception of Items 10, 1.1 and 12, which were REMOVED from the agenda previously. SECONDED by C/M Stein. VOTE: AI,L VOTED AYE C/M Gottesman asked what the yearly dues are for the Florida League of Cities and Vice Mayor Stelzer said $2,007.58. City C unci7-_ Appointm.en_ts 2.6. A.NNOUNCEDIENT OF VACANCIES to: a) Board of Adjustment -- 1 alternate member b) Planning Commission - 3 alternate members c) Burglar Alarm Committee - 1 regular member SYNOPSIS OF ACTION: Announcement was made. Mayor Hart made the announcement of vacancies on the above boards and committees. General Administrative 28. MOTION_ 'I`O_ APPROVE'_ 9'.p1np._ Reso. #4298 approving a contract with. Construction Management Services, Inc., having Keith Emery serve as the MUNICIPAL COMPLEX CONSTRUCTION SERVICES Manager. EYNOP,S1,5 OF ACT„ ION: (See Page 1). APPROVED. RESOLUTION NO. R-86-323 PASSED. 8 9/24/86 /pm I 1 1 Tape 2 Mr. Rednor read Temp. Reso._#429$ by title. City Manager Kelly said he felt Mr. Emery is one of best people in this business in Broward County. He said he has had an opportunity to work with him in the past and he has had recent experience on a City Hall complex in the City of Pompano. He said this contract provides for pre --construction input, during which time Mr. Emery will be evaluating the contract documents, specifications and construction material. Mr. Kelly said many people believe that the City's architects, Miller & Meier., are doing construction supervision; bowever., in the last few years l.iabil i_ty c�cst � have e:�calated so rapidly that.. no architect or engineer now provides what used to be referred to as "construction supervision". He said they provide site observa- tion but have very little responsibility for construction. Mr. Kelly said Mr. Emery's services will provide for full time, on --site supervision with coordination to Council, the City Manager and all departments involved, particularly the Building Depart- ment. He said Mr. Emery will be assigned to work with Bob Jahn, Chief Building Official, as a direct liaison for the City on a full. time basis. Mr. Kelly said in addition to the other servi.ceEl he provides, Mr. Emery will be coordinating with the Finance Directoi to set up the critical construction schedule of payments consistent with the City's best interests in terms of payments from the bond funds to secure the best investment as long as possible. * C/M Stein MOVED to APPROVE Temp�._Reso. #4298, SECONDED by * VIM Stelzer. C/W Massaro said since she has not had ample time to review this contract, she will. have to vote against it. C/M Gottesman said he just received a copy of the contract and suggested delaying action to allow Council members an opportunity to review this and have discussion with Mr. Emery. C/M Stein said one n+onth ago the City Manager proposed Mr. Emery for this position and, at that time, CIL, Gotte.•nlan asked if the City was going to have competitive bids. He said the City Manager felt it was not necessary in this case since he was proposing using this firm. VIM Stelzer said it is the responsibility of the City Manager to review this contract. C/M Gottesman said there are some questions on his mind regarding the building of a 5-1/2 million dollar structure. C/W Massaro said Council has a responsibility to the people to oversee everything that happens in the City. VOTE: Mayor Hart Aye C/M Stein Aye C/M Gottesman Nay VIM Stelzer Aye C/W Massaro Nay Keith Emery, Construction Manager, thanked Council and noted that he wi.l.l work to insure the best service possible. tie said there are a tremendous amount of problems that must be corrected regard- ing the design. Bob Jahn, Chief Building Official, said he firmly believes in construction management. 9 9/24/86 /Pm 29. M0TO_APPROVE an invoice from MORGAN, LEWIS & BOCKIUS, ESM Litigation Attorneys, for services through July, 1986. SYNOPS Imo, OF_..ACTION : APPROVED payment in the amount of $370,097.00 Frank Etheredge, Finance Director, said when Morgan, Lewis & Bockius agreed to work for the City, they recognized that the City had l.indted funding fc.}r tl,i , yer+r.; t1lelefole, Q;E-y aIDIE'E'c? tc' accept the an!ount of $250,000.00 which was budgeted for this purpose unless the case with Grant was settled. He said this case was settled and they are now asking for the total amount due to them of $370,097.00. C/W Massaro said Council has requested a complete bill every month and has not received this and Mr. Etheredge said this bill is up to and through July, 1986. C/W Massaro asked what can be done to require them to submit monthly bills and C/M Stein said the City has received most of these bills previously; however, they were told that. the City could not pay them. $600,000.00 in any one year. He said they agreed that: they would accept $250,000.00 and any other money would come f ron: the E,ettl ement of the ca:,e with Grant.. C/M Stein said Tamarac is sharing with the action against Bradford Trust; therefore, he assumed that the bills will be much less with them. Mayor Hart said there should be no reason from this point that they cannot be requested to submit a bill for each month. Mayor Hart asked Mr. Etheredge for an estimated amount that has been collected from the ESM situation based on what is being paid to Morgan., Lewis & Bockius. Mr. Etheredge said the amount was approximately 5 million dollars. * C/W Massaro MOVED APPROVAL of payment to Florgan, Lewis & Bockiu& * for an i nvoi ce through. July, 3986, in the airount of $370,097.00, * SECONDED by C/M Gottesman. VOTE: 30. MOTION TO .APPROVE O'BRYAN, Special August 15, 1986. SYNOPSIS_ OF ACTION: APPROVED in the amount of $210.94. ALL VOTED AYE an invoice from ENGLISH, MC CAUGHAN & Counsel, ESM Litigation for services through C/M Stein MOVED APPROVAL of payment of the invoice in the amount of $210.94, SECONDED by C/M Gottesman. VOTE: PUBLIC HEARING ALL_ VOTED AYE 32. MOT_ION TO. ADOPT- 7"emp_._ Reso. #4295 relating to the FIVE YEAR CAPITAL IMPROVEMENT PLAN for 1986/87 to 1990/91. SYNOPSIS OF ACTION: RESOLUTION NO. R--86--324 PASSED. APPROVED. Public hearing was held. Mr. Rednor read Telnp._Reso. #4295 by title. Mr. Etheredge said, as required by Charter, they submitted this plan to Council in May, which states that the City should finance the capital improvements as best possible. He said what is submitted today is quite different than what was submitted in May since they were not able to fund a great majority of what was requested. I 1 10 9/24/86 /pm C/W Massaro asked if this must be done today and Mr. Etheredge said yes. C/M Stein said if previous 5 year plans were studied, it would be observed that they have very little to do with. reality. He said it is interesting to have 5 year plans but questioned why this is being done when they are not followed. He suggested this could be reviewed by the Charter Review Committee when they are operating. V/M Stelzer said in April, Council received a 5 Year Capital Plan, which could be called a "Wish List". He said comparing the April plan with the one published in the newspaper, the latter is more realistic. City Manager Kelly said the Capital Improvements Program should not be a "Wish List" and, the fact that it has been considered such, has put the City in the predicament it is in now. fie :said it is important to insure in the future ghat. the Capital 1P'j140ve— ments Program that is developed and prepared by the City is done with the total communication of the Council. and Department Heads so that what is being planned is feasible. Mr. Kelly said on 9/26/86 he is meeting with 3 members of staff to begin the Capital Improvements Program for next year and a more definitive criteria will be established. He said one of the items involved will be that it must be at least $25,000.00 to be includ- ed, the longevity of the equipment must have a life standard of at least 5 years: and these are major expenditures that the City will have to consider in the future. Mr. Kelly said one of the key people involved next year will. be. Mike Cou72;o, Public Works, Pi r ec:tor, who wi.l l review any and alj. relVe: tS {Car Veh i c i P to i n. l)r e c" i anda i di /sat. ors bec:aus,e he is responsible for maintaining them:. Fe ::said Thelro.a. Brcwv, City Planner, and Frank Etheredge, Finance Director, are key people involved as well. He said the State Plan also requires that the City have a Capital Improvements element in the approved plan; therefore, this is becoming an important criteria. CA Massaro said she does not feel approving this today makes sense because it should be funded for the year. Mr. Etheredge said the amounts shown for the 1986/87 budget are included in the budget for next year. C/W Massaro asked if it was in the 5 Year Capital Program or broken down into various items and FIr. Etheredge said it is broken down into specified i.tem.s and depart- rrents . Mayor Bart opened the public: hearin . Vickie Beech, resident, suggested that the information regarding the 5 Year Capital Improvement Plan be available to the public. Mayor Hart closed the public hearing with no further response. * V/M Stelzer MOVED APPROVAL of Temp._Reso._#4295, SECONDED by * C/M Stein. -VOTE: ALL__ VOTED AYE General Administrative 31. MOTION TO_APPROVE that $86,652.00 from line item account number 001-872-581-901 of the budget named Contingency be transferred to line item account number 001-179-519-499 named ESM Litigation. The balance in the account from which the monies are transferred was $202,437.00 prior to the transfer and $115,756.00 subsequent to the transfer. The amount of money in the account to which the monies are to be transferred was - 0 - prior to the transfer and $86,652.00 subsequent to the transfer. SYNOPSIS OF ACTION: APPROVED. 11 9/24/86 /pm Mr. Etheredge said there were transfers from almost every fund involved in the ESM litigation into the Federal Revenue Sharing Fund. He said it a.S necessary to do this since Council. approved payment of the amount of $370,097.00 to Morgan, Lewis & Bockius and there are presently no funds in Revenue Sharing to cover t1ti.. * * V/M Stelzer MOVED to transfer of a total. amount of $370,097.00 * f r onI 1:rle fol.l owing funds: * Contingency, General, Drainage Improvement, Parks and Recreation, * Drainage and Capital Construction, Sidewalks, Utilities East and * Utilities West. Mayor Hart said when the funds are received from * the ESM litigation, these funds will be returned to the various * funds the money was taken from originally. C/M Stein SECONDED the * MOTION. V/M Stelzer read the Departmental Budget Allotment Revision: (See Attachment 1), which Ile- added to his MOTION. VOTE: ALL_ VOTED AYE 27. MOTION TO APPROVE an increased benefit for all. employees in the EMPLOYEE RETI.REMA ;NT PI -AN. SYNOPSIS OF AC'TI.ON: APPROVED as noted below. City Manager Kelly said he asked to have this Tabled previously because there appeared to be some inconsistencies in the staff backup and that has been resolved. Judy Deutsch, Risk Manager, said the Pension. Board is requesting that the benefit formula for General, Police and Fire employees be increased in varying percentages. She said they are also asking that the vesting schedule be decreased from 1.5 years to 10 years. She said the General employees prer;ently have a benefit formula of 1-1/4% and the Pension Board is asking that this be increased to 2%. She said the employees have voted to increase their own contribution from ) % to 5% to offset the addit oral coJ r.t . Mrs. DeutseIt sc-i6 tY,e Poi ce Off i.Cer.' belief it f0rn1113a w01110 ii(- increased from 1--3/4% to 2% in accordance with State Statute effective 10/1/86. She said this is because of the State premium tax refund money that goes back into the plan. She said if there is enough to offset the additional cost, the City is mandated to increase the formula to 2%. She said the Firefighters would increase from 2-1/2% to 3%. C/M Stein said the City will not be contributing any additional monies on either the Police or Firefighters since the City will. receive most of that money back from the insurance company. He : aid t he only amount of any significance i ., t.o the General en'jyl oyees. Mr . Etheredge noted that co.<t. to t lie City for the Ge.rleral employees was $57,500.00, for Folic;e t-he C'o.,t V7as $28;000.00 �arY0, for Fire the cost was $39,000.00. C/M Stein said he understood that in the case of the Fire Depart- ment especially, there would be a refund from the insurance company causing almost no cost to the City. He said it is mandated that the increase be given to the Police Department. Mr. Etheredge said the State Law stipulates that whatever insurance money is coming back to the City, this amount can no longer be used to reduce the City's percentage that is contributed to the Plan. He said these amounts are budgeted for next year. 32 9/24/86 /pm C/M Stein said if the City does not give the extra increase to the Police Department, then the Cit::y will not receive the funds. Peter Prior, Chairman of the Pension Board, said the increase for the Fire Department is $39,000.00 and they received a tax premium this year of approximately $63,000.00, which helps offset the City's cost. Mrs. Deutsch said in 1977, when the Pension Plan was incepted, all employees had a benefit formula of 1-1./4%. She said it came to their attention that because of State Premium Tax Refund monies, that money had Fire. She said to be used to in 1980, the increase the benefit for Police and City first increased the benefit formula and the Fire went. to 2% and the Police went to l-314%. El�c, F;ajd ttei , i,, the second incieaE£e beE,ed on the ,Statf. Premium Tax Refund Proney. . C/M Stein :;aid t,i., c:oii(_ern was that over anO above wba.t the City is receiving from this tax refund, the City will have to contri- bute approximately $100,000.00 to the Pension Plan. Mrs. Deutsch said the City is also making a contribution since the entire benefit in the Plan is not paid by the State Premium Tax Refund. C/W Massaro said she feels this should be studied further before it is acted on. V/M Stelzer said this has been discussed many times as well as at Budget Workshop meetings and, at no time was any mention rtiade tDat. t1bere would be a problem with this. * * V/M Stelzer MOVED to APPROVE the increased benefit for all * employees in the Employee Retirement Plan, SECONDED by C/M Stein. VOTE: Mayor Hart Aye C/M Stein Aye C/M Gottesman Aye V/M ,Stel 2"er Aye C/W Massaro Nay Mayor Hart called a ten minute recess. RESOLUTIONS City_ Council_ Appointments 34. MOTION TO_ADDPT_.Temp_ Reso. #4278 amending the terms of Edward Rockwell, John Hamilton and Arthur Santman, members of the BOARD OF ADJUSTMENT (tabled from 9/10/86). ,SYNOPS T�_ OF' ACTION: APPROVED as amended. RESOLUTION NO. R-86--325 PASSED. Pir. . Rednor read Temp_._.Bgso. #4278 by title. Mayor Hart said there was an error in the original Re.,olution establishing the length of the terms for these members and tbi:; is a. corrective Resolution. C/M Gottesman MOVED APPROVAL of Temp-.-Ye-so.. #4278 correcting the appointments as follows: Edward Rockwell - Regular member - 3 year term to expire 7/16/89 John Hamilton - Regular member - 3 year term to expire 7/16/89 Arthur Santman - Alternate member-1 year term to expire 7/08/87 Tape 3 V/M Stelzer SECONDED the MOTION. VOTE: ALL VOTED AYE 35. MOTION TO ADOPT_ Temp_._ Reso, #"293 appointing seven (7) members to the CHARTER REVIEW COMMITTEE pursuant to Ordinance 86-49. ,$Y,]OPSIS__.OF ACTION: RESOLUTION NO. R-86--326 PASSED. APPROVED. 13 9/24/86 /pm t1i Rednor read Tem . Reeo_._ C4293 by title. Mayor Hart said the Resolution requires the Mayor or his designee to be members as well as the Chairman of the Charter: Board or his designee. The Resolution also requires nominations from each Council person, which were as follows: C/M Gottesman appointed Issac "Zeke" Feldman C/W Massaro appointed Oscar Tucker C/M Stein appointed Sam Levine V/M Stelzer appointed Henry Schulman Mayor Hart appointed Harold Newnan Mayor Hart said V/bI Stelzer willbe his &-F-J gnee and Bruce Hoffman, Chairman of the Charter Board, kaid he will be a member and did not appoir►t a designee at thi tiLoe. Fayor Fart said the original. Resolution reclujire: a Levoit on or about 3/24/87. WE Stelzer MOVED APPROVAL of ��'en�p_.,_ l��so. 04293 with the al,point- ments as indicated, SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE Builda ngfConnunit-.Development 39. MOTION _TO_,ADOPT _Temp._Reso. #4241 renewing a waiver of the sign ordinance for GREEN THUMB LAWN & GARDEN CENTER, INC., for a sign located on property other than their own. SYNOPSIS OF ACTIOA?: REJECTED Temp. Reso. #4241 since Green Thumb has not received a permission letter from Causeway Lumber for this sign despite ample t in,e to do ly'l. Rednor read Tepp... F_e.so. #4241 by title. V/M Stelzer noted that a vex r-1J sE;i o11 3 0 t.ey rct heel, from Causeway Lumber and he 14OVED to APPROVE Temp. Re&c_.#4243 with the intent to Reject. approval. SECONDED by C/M Stein. -VOTE: ALL -VOTED NAY Engineer ink. Depa rtment 44. MOTION TO APPROVE Change Order #2 to R.J. Sullivan for construction of the FP&L Electric Vault in the amount. of $58,050.00. EYNOPSI$OF_ ACTION: Agendized by Consent on Page 3 APPROVED as noted. Bi 1.1. Greenwood, Director of Utilities and Engineering, said the City teas entered into a contract with R.J. Sullivan for the construction of a 2 million gallon water, storage tank are, as,ac- ii�tec= J'ur!'�air(� :;tFitiC%I FF' ra Ci tt�e �L�P ing :'tatiEn YeCyL"irC':: ��OWer fyoi! FPFL ar,0 tN-., C'�Y iu-iris' c3c: ig'ra pieliared by Williams, Hatfield & Stoner was a transformer that was open to the elements and was only designed for the water pump station. Mr. Greenwood said FP&L has rejected this design as not meeting their requirements which are that when a piece of property is under one ownership, any substation design shall take care of the electrical requirements for the entire parcel. 14 9/24/86 /pm Mr. Greenwood said on this parcel of property, the City is proposing to inst.al.l. lighting for the soccer fields and also the electrical requirements for the water pump station. Mr. Greenwood said at the J a :t meet-i ng Council aptaroved a redesi 91-1 far a bui l di rice t1tat carp handle t-be t r art f0rrr:c'1 i equi red r;y FF&L. He said williamr:r Hatfield & co. -A to t I � e tran - former vault was over $1.2,000.00. He said Hazen and Sawyer, the new City consultants, were contacted and they did the design and specifications for $4,900.00. Mr. Greenwood said they are requesting authorization for Change Order #2, which includes the necessary building which will house 3 transformers of 167 capacity. He said if the City builds other structures in that area, the building is also designed to allow the standard transformers to be removed with a larger capacity being installed. Mr. Greenwood said this particular transformer vault has two requirements` one for the Recreat:i.on Department Master Plan for the electrical requiren_ent.; for Tract. 27c He .:aid; tLelefc:re, 60 of the total. Ct;any,e Ordei will be charged to the Recreation Fund, Ac-cour;t #345. fie said because the water pump station will be requiring 40% of the electricity, this will be attributed to Utilities Accounts #428 and #432. Mr. Greenwood said they are requesting Council approval today to implement this project with the urgency based upon the anticipated contract completion date in December. He said the water storage tank is completed and the water pump station is anticipated by contract to be completed in December. He said this transformer vault must be under Change Order to facilitate coD5truction so the City will, not have a back charge from the existing contractor for a delayed Change Order. C/F Stein said he is di st-Ilibed t1lat deli can n!u::t be done wl°en it was done previously by TF!i l J i aV.Ik;' flatf i.eld & Stoner ar-C Ile urged t.t)e City to be sure that any ft.rtlier eD9iIIeeri.n9 contracts have a 1.0% up and down clause to have them pay for these bills. He said the City terminated the agreement. with Williams, Hatfield & Stoner approximately 2 years ago and this is the second redesign that had to be paid for. * C/M Stein MOVED APPROVAL of Change Order #2. C/W Massaro said she took exception to the comments by C/M Stein about Williams, Hatfield & ~toner since they have been consultants with the City for many years. She said the Change Order that occurred recently was not their fault and this was not their fault either. She said they were told it was going to have a different use than was now determined. C/M :tern said it is WilJiaP*-, Hatfield & ct-ODE'1'1s fault ince tl"lE' fact i s that FP&L r E'C lair E'. er;(J,E J, t r E,F1Sfcarn:er feed for i lle erlt. i r e area wY,(,,rn there is one owner of the property and the engineers should have known that. He said what happened with bringing the ]-;Des; to the field have nothing to do with the transformer. He said the City went out to bid, a contractor accepted the bid with a transformer which is not acceptable. C/M Stein said under the old contracts, the engineer is not libel and he requested the City Manager assure that in the future all. the City contracts sboul.d state that when there is more than 10% of what the City niu.st pay, they will. be libel. for this amount. 15 9/24/86 /pm V/M Stelzer SECONDED the MOTION to APPROVE the Change Order at a cost of $58,050.00. VOTE AL VOTED AYE C/t,' T"Z: WLey,e t Yle ar:,ount of S58; 050 , 00 will be taken from and Mi. Greenwood f•ajC tl�er.e a -re r;,a or acccuntr; EDITOR'S -� NOTE• APPROVAL included Hazen & Sawyer engineering at $4,950.00, which was previously approved by Council.: Account #345-761-572-643 - $37,800.00 Account #432-363-537-326 - $22,176.00 Account #428-363-533-326 - $ 3,024.00 TOTAL: $63,000.00 Gen e r a l__Ad jpj n i. s t rat ve 45. MOTION_ TO APPROVk.__7'eml?..._ R.eso. #4300 assessing a rate for the residential garba�ae collection ai)0 disposal fee, providing for 1.00% billing of said fee. SYNOPSIS__Ok' -ACTION: RESOLUTION NO. R-86-328 PASSED. Agendized by Consent ors Page 3 APPLOVED a:; r➢oted bFr. Rednor- read 'I_er:i_.. R.e ;c7"_#4300 Erti rely° C/W Massaro MOVED APPROVAL of Temp_._Reso, #4300, SECONDED by C/M Gottesman. EDITOR'S NOTE: This sets the following charge per month: a) Curb service per unit (other than condominium) $6.37 b) Dumpster service per unit (condominium) $3.06 These fees will be billed on the customer's regular utility bill. VOTE: ALL VOTED AYE REPORTS 41. City_.. Council_ Reports - C/M_ Gottesman -- No report. .UK -Massaro - No report. C/M tein -- No report. V/M_Stelzer - No report. Ma or Hart said tie at:ter➢cled the Convent:Jor, of the Florida. Lea.g11�' of Cities in Orlando, at wbief, the offic:ea., fear the cc:n ir1�! yE'ar were elected. He said there were 3 F�esolLit ic>n a0J0jte(F ur➢ansnnus;- ly that would be beneficial to all people in the State. He said one supported a proposed Can:;.t i_i l.,t.-iorjal. Ar:;er➢drnent to the Homestead Property Tax Exemption. He said the proposal would allow the Homestead Law to be revised so that everyone would pay some share of the taxes due the City. He said this proposal would exempt the first $5,000.00 of assessed value plus 50% of the assessed value in excess of $5,000.00 with a total exemption riot to exceed $25,000.00. Mayor hart said Resolution #4 that was passed urging Congress to off.,EA t 1;E' neg0t-ive of the Tax Reform Rill which int:erf(-le. with tl]E' abil ity and r)utliori.t j/ of rounicipa] it ie` t (> Ia i:;e their owrl r.everlUe-1, alie, i.`'Etle tax E'xen.F;t &-Ihte c+i[ RE'FoJ ut i (;r. � ;,ti�a�:(;l t ecj Serl&tor L-aw't.or Cll 7 l Earl' efforts anCi proposed legislation on crack, rock, cocaine and designer drug::, which will classify these drugs as distinct dru,=s and enhance penalties. He said a Motion was made from the floor, and was approved which called for a special session of the State Legislature to take action State wide on drug abuse. 16 9/24/86 /pm 42. City Manager Report - City Manager Kelly said Larry Perretti has been reassigned and will assume the responsibilities of the Director of the Personnel Department effective immediately. * * V/M Stelzer MOVED APPROVAL of the appointment of Larry Perretti as * Personnel Director, SECONDED by C/M Stein. Mr. Kelly said there is no longer an Assistant City Manager and he has no intention of filling that position. He said in his Manage- ment restructuring he proposes to rely more effectively on closer communication will all Department Heads. VOTE: A,LL VOTED AYE Mr. Kelly said he has been selected as the Program Chairman for the County -wide Blue Chip Program and most cities expect a good deal of interest. He said he will be addressing the City Council Liaison Program on Friday, 9/26/86. He said he would request Council members provide him with names of at least 10 people to whom they would recommend a survey be sent as soon as possible. 41. City, Council Rgport - C/W Massaro asked the City Manager to rectify the situation concerning overgrown lots within the City which are problem areas because of appearance as well as rodents, etc. She suggested that letters be sent to each and every lot owner that has grass higher than allowed by Code and, if they fail to cut it, the City should handle this and bill the property owner. V M 5telzer asked the City Manager to instruct someone to take down the election signs within the City from the past election. Mayor Hart said he would tour the City with the City Manager or each Council person could do that. 43. City Attorney Report - No report. 1. open Public -Forum - Speakers: Joe Padwa. N. University Drive, said there is a sign at the corner of University Dr. and Commercial Blvd. which is 120 square feet in size and he objected to this. Shirley Blumfield, 7030 NW 102 Avenue, said she would like all candidate signs removed and she suggested "Vote Today" signs be placed throughout the City at the appropriate times. Mayor Hart recessed the meeting at 11:30 A.M. to 5:05 P.M. for a Public Hearing. Tape 4 Mayor Hart opened the meeting at 5:05 P.M. and all Council members were present. 33. M TT N TO ADOPT so. #4296 relating to an Amendment to the LAND USE PLAN FOR LAND SECTION 7. SYNOP I OF ACTION: RESOLUTION NO. R-86-329 PASSED. APPROVED. Public hearing was held. 17 9/24/86 /pm City Manager Kelly read TeID- peso. #4296 by title. Thelma Brown, City Planner, said this item appeared in March, 1986, wherein the north part of Land Sectionf7rwasouncil addressed as a residential classification. he study it was indicated that the best use for sthis said r after much be office park or light industrial zoning. Property would sai for that report was that they needed to address thedtaxebasesfor Tamarac. Ms. Brown said the results of the report indicate that to the north half of the section, changes from Residential zoning have identified this as Light industry but there are zoning district, at 7.4 units per acre, to Light Industry. She id they restrictions and regulations that have been imposed via an Ordin- ance coming before Council within the next two weeks. She said that Ordinance will regulate the Land Use and will require strict compliance standards to both the E.P.A. and South Florida Water Management District. Ms. Brown said this will not necessarily be the industrial t zoning that one would imagine but will most likely be an office of park setting. She said the circulation road will be to the south since off Commercial Blvd. there is a roadway system identified as Hiatus Rd., which will intersect all no ingress or egress from McNab Rd. She properties and will allow for will be no circulation into the residential district sthataidtthe e homeowners to the north and east of this property had complained about originally. Mayor Hart opened the public hearing. Florence Bochenek, resident, asked if the road planned to merge with Nob Hill Rd. will be an emergency road or an access road and Ms. Brown said it is classified as an access road but was placed on this Parcel of land for the proper circulation needed by emergency vehicles. She said it would allow for some vehicular traffic but would not allow for the truck traffic that was requested to be eliminated. Mrs. Bochenek asked what type of businesses will be allowed and Ms. Brown said those uses not permitted call special exception from the CityCouncil and oare llistedrinquire the Ordinance. David Silvergleid, Vice President of the Board of Directors of the Isles of Tamarac Homeowners Association, said they recognize that the basic theory for this is to establish a better tax base for the City. He said the people who are either adjacent to or in close proximity to Land Section 7, are concerned because there was an understanding in the past that there would be residential zoning at the north and industrial zoning at the south area. Mr. Silvergleid said he is willing to accept the philosophy of an expanded tax base in connection with Land Section 7; however, he is concerned about how this will affect the manner of living for the residents in that area. He said they are very concerned about the type of industry that will be there and they were given assurance by the Planning Commission that they would monitor each application before approval. He said they would like similar assurance from Council. --- Lou Shiff, President of the Tamarac Chamber of Commerce, 7300 W. McNab Rd., said he has reviewed the proposed amendment to Land Section 7 with the Chamber and they wholeheartedly endorse its concept. He said it will improve the tax base and lifestyle in the City. "M 9/24/86 /pm Jean Cummings, local realtor and part owner of a 7-acre tract in the north part of Land Section 7, said she is in favor of this proposal. Ed Stacker, representative of the single property owner in the south half of Land Section 7, said they are in support of the plan as submitted. He said approximately 15 months ago, a stipulated settlement agreement was entered into amending the south half with adjustments to the drainage canal on the south half of the pro- perty. He said the Land Use Plan was initiated with the north half being residential. Mr. Stacker said they did a traffic study for the entire Section 7 and, with the proposal tonight for industrial use, the category actually decreases the traffic impact and does not adversely affect their amendments before the Planning Council and the County. He said they will work with the property owners in the north to see that this plan is effectuated as soon as possible. Mr. Stacker said Hiatus Rd. was originally proposed to not traverse the canal and, in discussions with the City, they have indicated their willingness to work during the platting process of their property to make available that right-of-way making the connection. He said in light of the fact that this canal has been dedicated by them, they are not willing to assume the respons- ibility of paying for the cost of jumping that canal. He said this has been generally understood by all parties. C/W Massaro asked Mr. Stacker if they will give the easement for that road but not assume the cost of installing it across that canal. Mr. Stacker said the extension of Hiatus Rd. across the canal was not originally contemplated and is not necessary in order to serve the south half of Land Section 7. Ms. Brown said the north half owners, in particular, Gould, have agreed to pay for the culvert and the crossing for that canal and to continue Hiatus Rd. up to the north half section so that all property owners within that north half would be serviced via Hiatus Rd. or have an access from that road. She said upon development through platting they would have an agreement for the repayment for the construction. Michael Schiff, representative of one of the property owners on the north side of Section 7, said they feel it is a good plan and will be good for Tamarac. Milt Siegel, President of the Isles of Tamarac, urged Council to prepare the Ordinance in a manner that will monitor the businesses that go in that location. He request- ed that the residents of the Isles of Tamarac be given the oppor- tunity to review this at a Workshop Meeting. Ms. Brown said they have a copy of the Ordinance currently being drafted, which includes the proposed uses and the residents can get a copy of that. C/M Gottesman said as a resident of the Isles of Tamarac, he was partly the author of this Ordinance and he assured those present that there is nothing in there that would hurt the residents. Mr. Siegel asked if the 50-foot setback area mentioned at the Planning Commission meeting was in effect and Ms. Brown said yes, to McNab Rd. and Nab Hill Rd. Shirley Blumfield, building and Mr. Schiff resident, asked Mr. Schiff when they will start said it took 2 years to build Sunrise Industrial Park. Ms. Brown said they are projecting that the first site plan will be brought to the City in January, 1988. She said prior to the City being able to approve any development on this parcel it would have to be platted, site planned and rezoned. She said be done. this is just the first phase of what needs to 19 9/24/86 /pm Blake Kerr, Planning Consultant, said he prepared the report before Council and he represents Gould, Inc., who owns approxi- mately 50 acres of the 200 acres in the north half. He said they had industrial on the certified plan and wish to retain that and they are willing to pay their fair share of the Hiatus Rd. connection during the platting process. He said he wanted to note that there are many other owners there that should pay their fair share. Melanie Reynolds, resident, asked where the City's 45 acres will be and C/M Stein said the City has 17-1/2 acres. He said that land was originally restricted to public use only and they had to return it to the developer at the cost that the City paid with no increment for any extra value. He said in speaking to Alan Ruf, Consulting City Attorney, he found that they had never transmitted the monies to them and the City is holding the deed. C/M Stein said he negotiated with the owners of the property and, in compromise, the City is receiving 17-1/2 acres for the amount that the City paid for the sludge farm plus 2-1/2 acres, which will cost approximately $30,000.00. He said that will still be at no cost because the amount of approximately $900,000.00 was earning interest all this time and the City will keep the interest. C/M Stein said one of the uses of the 45 acres was a sludge farm for approximately 25 acres and he is happy this is no longer the case. He said they will be removing the sludge farm that is there now no later than December, 1987. He said they will pay for the installation of Nob Hill Rd. and will advance whatever is necess- ary to bring water and sewer to that area. He said when the City receives all approvals from the County, they will be ready to provide services to the people in that area. He said there were some areas designated commercial originally but this is the worse designation because of traffic. Mr. Siegel asked if the sludge farm is being eliminated because of the 201 hookup and C/M Stein said yes. C/M Stein noted that the height of the buildings in that area has been reduced to 30-feet instead of 50-feet. Shirley Blumfield, resident, asked where the Nob Hill Rd. connec- tion will go and Ms. Brown said from McNab Rd. to Commercial Blvd. Mayor Hart closed the public hearing with no further response. C/M Gottesman said the 17-1/2 acres mentioned by C/M Stein will be utilized for a Utilities and Public Works Complex. C/M Stein said the southern portion of this area is planned between the Utilities/Public Works Complex and the developer for that area. V/M Stelzer MOVED APPROVAL of Temp._ Reso...A4296, SECONDED by C/M Gottesman. VOTE: ALL VOTED AYE 20 9/24/86 /pm Mayor Hart adjourned the meeting at 5:45 P.M. 1 LARRY PERRETTI ACTING CITY CLERK Bernard Hart MAYOR CITY_ OF TAMAR /C � App D ATM TING OF City Clerk This public document was promulgated $5.96 per copy to inform the general and employees about recent opinions Council of the City of Tamarac. at a cost of $214.70 or public and public officers and considerations by the City 21 9/24/86 /pm