HomeMy WebLinkAbout1985-10-23 - City Commission Regular Meeting Minutestq�
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n
OR Ott
P.O. BOX 25010
TAMARAC, FLORIDA 33320
FIRST CLASS MAIL
CITY OF TAMARAC
CITY COUNCIL
REGULAR COUNCIL MEETING
WEDNESDAY. OCTOBER 23. 1985
CALL TO ORDER: 9:00 A.M.
ANNOUNCEMENTS OF TIME ALLOCATIONS - MOTIONS TO TABLE -The Chair
aithis time will announce those items which have been given a
specific time to be heard, and will entertain motions from
Council members to table those items which require research.
Council may agendize by majority consent matters of an urgent
nature which have come to Council's attention after publication.
PRESENTATIONS AND AWARDS
1. Employee Service Awards - Presentation by Acting City
Ma alter—Ferretti_wive-year pins to Mark Smith and George
Strittmatter, Fire Department, Dorothy Hunn, City Clerk's
Office, Milton Glass, Public Works, Rae Diamond, Recreation
and Sylvia Ilgovsky, Finance Department; and a ten-year pin
to Lowell Smout, Police Department.
2. United Nations —Day - Announcement of presentation of a
proclamation by Mayor Kravitz designating October 24, 1985,
as "World Peace Day" and the seven minutes from 1:00 p.m.
to 1:07 p.m. as "Seven Minutes of World Peace".
BOARDS. —AND —COMMITTEES
3. PlanniEl_Commission - Temp. Reso. #3777 - Discussion and
possible action —to appoint one Tip alternate member
(tabled from 10/9/85).
4. Board of Adjustment - Temp. Reso. _#3778 - Discussion and
possible action to appoint one�lI alternate member
(tabled from 10/9/85).
5. Welcominq_Committee - Temp. Reso. #3803 - Discussion and
possible action to appoint one 11 member (tabled from
10/9/85).
6. Public Information Committee - Temp. Reso. #3804 -
Discussion and possible action to appoint one (1) member
(tabled from 10/9/85).
7. Investment Advisory Committee - Discussion and possible
act of nct on: ----- �—
a) Report by the Chairman
b) Announcement of expiration of five (5) positions on
this committee.
Members of the Investment Advisory Committee will continue
to serve until appointments are made by Council.
If anyone is interested in serving on any of the above
committees or boards, please contact the City Clerk's
Office for an application. If existing board and committee
members desire to be considered for reappointment, please
indicate this by memo to the Mayor's Office.
10/23/85
pgs. 2 & 3
Awards were
presented
10/23/85
pg. 2 proc.
was presented
10/23/85
4
TABLED
10/23/85
pg. 4
TABLED
10/23/85
pg. 4
TABLED
10/23/85
pgs. 4 & 5
REMOVED from
agenda
10/23/85
pgs.5 - 7
A) Report by
the Chairman
B) Announced
vacancies
PAGE TWO
10/23/85
CONSENT AGENDA
8. Items listed under Item #8, Consent Agenda, are viewed to be routine
and the recommendation will be enacted by one motion in the form liste(
below. If discussion is desired, then the items will be removed
from the Consent Agenda and will be considered separately.
a) Minutes of 9/10/85 - Special Meeting - Approval recommended by
City Clerk.
b) Minutes of 9/26/85 - Regular Meeting - Approval recommended by
City Clerk.
c) Williams, Hatfield & Stoner, Inc.
to pay the following invoices for
Project 84-5 from TUW Construction
1) Invoice 1710-9, Statement 1 -
Statement 2 -
Statement 3 -
2) Invoice 1710-9, Statement 4 -
3) Invoice 2214-03, Statement 3 -
- Consulting Engineer - Approval
the Tamarac Lakes Gravity Sewer
Fund Account 434-509-596-318
$ 834.90
2,342.55
322.55
$33,500.00 - Total
$6,211.85
$1,070.55
d) Municipal Complex - Hiring of Construction Manager - Approval to
remove this item from the agenda.
e) Banyan Lakes - Water and Sewer Developers Agreement - Approval to
remove this item from the agenda.
f) All Saints Lutheran Church - Council's interest in purchase for USE
as a combination community/recreation center - Approval to remove
this item from the agenda.
g) Area Agency on Aging - Approval of payment in the amount of
$5,000.00 for Fiscal Year 1985/86 (which is the City's fair share)
GENERAL ADMINISTRATIVE/FINANCIAL
9. Waste Management, Inc. - Temp. Reso. #3781 - Discussion and possibl
action to approve the Second Addendum to the contract for resi-
dential and condominium garbage collection (tabled from 10/9/85).
10. Confidential Supervisory and Managerial Employees - Temp_
Reso. #3811 - Discussion and possible action to approve a pay
increase for these employees (tabled from 10/9/85).
11. City Manager Position - Discussion and possible action on this
vacancy.
12. City Planner Position - Temp. Reso. #3816 - Discussion and possiblE
action to appoint Richard S. Rubin as City Planner (currently part-
time Consultant Planner).
13.-Engineering and_Utilities Personnel - Discussion and possible
action on a request by the City Engineer/Utilities Director to
approve hiring two additional engineers, one for Engineering
Department and one for Utilities West.
14. General Liability Insurance - Discussion and possible action to
waive the bidding procedures and to purchase this coverage
effective November 1, 1985.
15. Occupational License Fee Refund - Discussion and possible action tc
authorize refund offeepaid by Arthur Meyerson for Rose Lee
Ferstenberg, Attorney, for Fiscal Year 1985/86 in the amount of
$140.00.
10/23/85
pgs. 5 - 7
APPRO� ED items
a, d, e, & f
b was removed
& TABLED
c REMOVED
and TUW
was changed to
read TU Con-
struction Fund
c) 1 APPVED
c) 2 withheld
c) 3 APPROVED
g) REMOVED
1
10/23/85
pg..22
APPROVED
10/23/85
Pg• -14
TABLED
10/23/85
pgs. 22 - 23
TABLED
5
pg. 33
TABLED
10/23/85 p3
Auth. City
Mgr.to Advert.
for 1 En
10/23/85.
pg. 28
APPROVED
10/23/85 p7
AUTHORIZED
City Mgr. to
refund fee pd.
less the $10
refunding fee
PAGE THREE
10/23/85
16. Kiwanis Club and Police Athletic League Carnival - Discussion and
possible action on a request to allow a carnival October 31 through
November 3, 1985 on property east of the City Public Works Building on
Commercial Boulevard (tabled from 10/9/85).
17. Police Pistol Range - Temp. Reso. #3815 - Discussion and possible actior
to renew a contract for police marksmanship training.
18. Drainage Improvements - Discussion and possible action to authorize a
study to eliminate flooding in the Boulevards Section (tabled from
10/9/85).
19. Development.Review/Engin
ering Permit Fees - Discussion and
possible
action
on:
W
a)
Amendment
of site
plan submission and review fees as set
forth in
Resolution
79-137
- Temp. Reso. #3817
b)
Amendment
of engineering improvement permit fees as set
forth in
Resolution
79-138
- Temp. Reso. #3818
c)
Amendment
of on -site and off -site engineering inspection
fees as
set forth
in Resolution
79-139 - Temp. Reso. #3819
d)
Amendment
of plat
filing and checking fees as set forth
in
Resolution
79-216
- Temp. Reso. #3820
20. Broward League of Cities Business - Discussion and possible action on:
a Payment in the amount of $2,260.80 for the City's annual dues for
Fiscal Year 1985/86.
b) Report
21. Florida League of Cities - Discussion and possible action on payment
in the amount of 1,953.83 for the City's annual dues and membership
fee for Fiscal Year 1985/86 (tabled from 10/9/85).
22. Northwest Council of Mayors Business - Discussion and possible action
TAMARAC UTILITIES
23. Utilities West - Bid Awards - Discussion and possible action to award
bids for the following:
a) Grouting chemicals - Temp. Reso. #3821
b) Chlorine - Temp. Reso. #3822
c) Bulk pebble quicklime -Temp.. Reso. #3823
24. Utilities West - Rehabilitation and Expansion of Wastewater Treatment
Fl—anCT Project 85-19 - Discussion and possible action to select a
consultant to perform services for this project.
25. Utilities West - Wells 12 and 13 (Project 84-14) - Discussion and
possible action to authorize Change Order 1 to Bid 85-23 deleting from
the contract construction of a sidewalk along University Drive.
26. Utilities - Water and Sewer Plan Review Fees - Temp. reso. #3760 -
Discussion and possible action to increase these fees from 500.00 to
$750.00 (tabled from 9/11/85).
PUBLIC HEARINGS - 2:00 P.M.
27. Dinerstein Builders - Rezoning Petition #18-Z-85 - Temp. Ord. #1212 -
Discussion and possible action to rezone the proposed site for the
cabana and pool area for Boardwalk Apartments on the north side of
NW 61 Street between NW 84 Terrace and NW 88 Avenue from R-4A (Planned
Apartments) to S-1 (Open Space/Recreation). Second Reading.
a) Acceptance of Affidavit of Publication and Affidavit of Posting
b) Consideration of application
10/23/85
pg. .5
Auth. to
carn. w/
hold
cond
10/23/85
pgs. 12 & 13
APPVD
pgs. 3 & 4
studv auth.
10/23/85
pg. 29
A) APPROVED
B) REMOVED
C) APPROVED
w/conditions
D) APPROVED
10/23/85
pg. 13
A) APPROVED
B) M. Kravitz
nave report
10/23/85
pg. 28
TABLED
10/23/85 p13
M. Kravitz
gave report
10/23/85
pgs. 10
A) Bid award.
B) Bid award.
C) Bid award.
10/23/85
pg, s. 10 & 11
APPROVED
10/23/85
pgs. 11 & 12
APPVD w/
conditions
10/23/85
pg. 12
APPROVED
10/23/85
pg. 24
A) accepted
B) APPROVED
PAGE FOUR
10/23/85
28. Dinerstein Builders - Rezoning Petition #19-Z-85 - Temp_ Ord. #1213 -
Discussion and possible action to rezone the proposed site for the
clubhouse for Boardwalk Apartments on the south side of NW 61 Street
between NW 84 Terrace and NW 88 Avenue from R-4A (Planned Apartments)
to S-1 (Open Space/Recreational). Second Reading.
a) Acceptance of Affidavit of Publication and Affidavit of Posting
b) Consideration of application
29. Sewer Use Procedures and Charges - Temp. Ord. #1216 - Discussion and
possible action to amend Chapter 27 of the Code pertaining to rates
and charges, service, billing, new development and wastewater discharge
standards. Second Reading. (This ordinance is necessary in order to
receive Water Pollution Control construction grants from the U.S.
Environmental Protection Agency and the Florida Department of Environ-
mental Regulation.)
30. Tamarac Utilities West - Temp. Reso_ #3814 - Discussion and possible
action to establish and modify the minimum availability service charges
for commercial users with meters in excess of 2-inches, to revise the
contribution -in -aid of construction charges (developers' impact fees),
and to establish a waiver provision for water meter deposits for
franchise holders and utility companies. (These amendments pertain
to customers west of State Road 7.)
LEGAL AFFAIRS
31. ESM Litigation - Discussion and possible action on:
a) Payment of invoice from Morgan, Lewis & Bockius in the amount of
$72,356.69
b) Payment of invoice from English, McCaughan & O'Bryan in the amount
of $346.23
32. City Attorney Professional Services - Discussion and possible action
on payment of Muller, Mintz, Kornreich, Caldwell, Casey, Crosland &
Bramnick, P.A., invoices for non -pension related expenses (tabled from
9/26/85).
33. Federation of Public Employees - Discussion and possible action on a
request by George H. Tucker, attorney for the Federation, which
represents one of the Tamarac employees' bargaining units, to reopen
certain contract negotiations (tabled from 5/8/85).
Ki]uWLILI��'��l��l��il�ul�►�1
34. Colony West Associates - Rezoning__Petition #3-Z-85 - Temp. Ord. #1169 -
Discussion and possible action to rezone the Shops of Tamarac Shopping
Center (platted as Colony West Shopping Center) (less the lands and
building owned by Broward County for a Library) from B-1 (Neighborhood
Business) to B-2 (Planned Business). Second Reading. (Public Hearing
held 3/13/85) (tabled from 7/29/85)
35. NW 57 Street - S-curve at Commercial Boulevard - Discussion and
possible action on:
a) Developers Agreement
b) Acceptance of Declaration of Covenants and Restrictions - Temp.
Reso. #3784 (tabled from 10/9/85)
c) Vacation of a portion of NW 57 Street right-of-way, Petition
#3-V-85 - Temp. Ord. #1215. First Reading. (tabled from 10/9/85)
36. Mobil Oil Corporation - Discussion and possible action on:
a Rezoning Petition #12-Z-85 - Temp. Ord. #1219 - Rezoning of lands
at the southwest corner of Commercial Boulevard and State Road 7
from B-1 (Neighborhood Business) to B-3 (general Business).
Second Reading. (Public hearing held 9/26/85)
(1) Acceptance of Affidavit of Publication and Affidavit of
Posting
(2) Consideration of application
b) Acceptance of Declaration of Restrictive Covenants - Temper
Reso. #3768
tal5Tea__fram 9/26/85)
10/23/85
pgs. 24 & 25
A) accepted
B) APPROVED
10/23/85
pg. 25
A) APPROVED
B) APPROVED
10/23/85
pgs. 25 - 27
APPROVED as
ammended
10/23/85
pgs. 31 & 32
A) TABLED
B) APPVD
10/23/85
pg. 32
TABLED
10/23/85
pg. 28
TABLED
10/23/85
pgs. 19 & 20
TABLED
10/23/85
pg. 21
TABLED til
10/28 spe i
l
meeting
10/23/85
pg. 21
TABLED
PAGE FIVE
10/23/85
37. Pebb Plat - Discussion and possible action on:
a MT -Temp. Reso. #3827
b) Development Order - Temp• Reso. #3828
c) Water Retention Agreement
d) Development Review Agreement
e) Sidewalk Bond Agreement
(located at the southwest corner of University Drive and McNab Road)
38. Belfort — Revised Site Plan - Temp. Reso. #3829 - Discussion and
possible action on a revised site plan for sidewalks and revised
setbacks.
39. Kings Point Professional Plaza - Revised Site Plan - Temp. Reso. #3830
Discussion and possible action on a revised site plan for model
alteration.
40. Wedgewood - Revised Site Plan - Temp. Reso. #3831 - Discussion and
possible action on a revised site plan for a screen porch addition
for Unit 14-D.
41. Tract 27 - Discussion and possible action on:
a Site Plan for the ground storage tank - Temp. Reso. #3832
b) Report by the Parks Commissioner on lighting
(northeast corner of NW 77 Street and Nob Hill Road)
42. Calico Country (Woodview Tract 38) - Revised Site Plan - Temp.
Reso. #3833 - Discussion and possible action on a revised site plan
reflecting location of fences.
43. Woodmont Tract 59 - Discussion and possible action on:
a Site Plan - Temp. Reso. #3834
b) Stipulation #24 - Temp. Reso. #3770
c) Amendment to the Water and Sewer Developers Agreement
(located south of NW 80 Street at NW 84 Terrace)
44. Woodmont Tract 48 Waterford at Woodmont) - Discussion and possible
action on:
a) Release of a performance bond posted for public improvements
subject to receipt of a one-year warranty bond - Temp. Reso. #3825
b) Acceptance of the Bill of Sale for the water distribution and
sewer collection system improvements - Temp. Reso. #38.26
45. Lake Colony (Brookwood Gardens) - Discussion and possible action on
status of traffic light bond tabled from 9/26/85).
46. Wellens Furniture Company - Sign Waiver - Temp. Reso. #3824 -
Discussion and possible action to renew a sign waiver for a ground
directional sign west of the entrance driveway at 3801 W. Commercial
Boulevard.
47. Siegel_Funeral Home - Temp. Reso. #3801 - Discussion and possible
action to release a performance bond subject to receipt of a one-year
warranty bond (tabled from 10/9/85).
REPORTS
48. City Council
49. City Manager
50. City Attorney
10/23/85
pgs. 22 & 24
APPROVED A)
through E)
10/23/85
pg. 27
APPVD w/
conditions
10/23/85
Pg• 27
APPROVED
10/23785
pg. 17
APPROVED
10/23/85
pgs. 15 - 17
A) APPROVED
B) COMMITTE
AUTH. TO STUDY
10/23/85
pgs. 7 & 8
TABLED w/con.
10/23/85
pg. 17, 18
TABLED
10/23/95
pg. 9
A) TABLED
B) APPROVED
10/23/85
pg. 8 TABI ED
til 11/13
r2178
pg. 9
APPROVED
10/23/85
pg. 9
APPROVED w/
condition
10/23/85
see . 34
10/23/85
no report
lu 5
see pg. 34
PAGE SIX
10/23/85
City Council may consider and act upon such other business as may come
before it.
Pursuant to Chapter 286.0105, Florida Statutes, if a person decides to
appeal any decision made by the City Council with respect to any matter
considered at such meetings or hearing, he may need to ensure that a
verbatim record of the proceedings is made which record includes the
testimony and evidence upon which the appeal is based.
CITY OF TAMARAC
Carol E. Barbuto
Assistant City Clerk
WORKSHOP MEETINGS
Tuesday, October 22, 1985 - 9:00 A.M.
Wednesday, October 30, 1985 - 9:00 A.M
- Discussion on Cardinal Industries
projects Hidden Hollow and Green -
view Apartments (in lieu of the
previously noticed meeting on the
Tract 27 water storage tank).
Council Chambers
BSO - Council Chambers
Following are the residential and commercial zoning districts in the City:
A-1
- Limited Agricultural
A-5
- Agricultural/Excavation
B-1
- Neighborhood Business
B-2
- Planned Community Business
B-3
- General Business
B-5
- Limited Business District
B-6
- Business District
I-1
- Institutional
M-1
- Light Industrial
M-2
- Medium Industrial
R-1
- Single Family Residence
R-lB &
R-lC -
One Family Dwelling
R-2 -
Two Family Dwelling
R-3 -
Low Density Multiple Dwelling
R-3U -
Row House
R-4A -
Planned Apartment
R-5 -
Motel/Hotel
RD-7 -
Two Family Dwelling
RM-5 -
Residential Multi -Family
Dwelling
RM-10 -
Planned Apartment
S-1 -
Open Space/Recreational
T-1 -
Trailer Park District
1
1
1
PAGE SEVEN
10/23/85
COMMUNITY DEVELOPMENT
51. Lennar Homes - Kings Point -Sign Ordinance Waiver -
Temg.__Reso. #3835 - Discussi n and possible action
GENERAL ADMINISTRATIVE/FINANCIAL
52. Williams, Hatfield & Stoner Payment of Invoice -
Discussion and possible actijpn.
LEGAL AFFAIRS
53. President's Council - Utility Referendum Item -
Discussion and possible action.
BOARDS AND COMMITTEES
54. Consumer Affairs Committee - Announcement of Vacancy -
Discussion and possible action.
TAMARAC UTILITIES
55. EPA Advance Treatment Review on Deep Well Injection
projects - Discussion and possible action.
GENERAL ADMINISTRATIVE/FINANCIAL
56. Engineering Department - Purchase of Safety Shoes -
Discussion and possib e action.
57. Sister City Program - Temp. Reso. #3836 - Discussion
an possible action.
58. Acceptance of Two DER Grant Offers - Discussion and
possible action.
59. Alan F. Ruf Invoice - Discussion and possible action.
60. Isles of Tamarac - Water and Sewer Agreement Default
- Discussion ana possible action.
10/23/85 pg.l
,Agen. by cons.
isee pg. 17
10/23/85 pg.l
Agen: by cons.
see pg. 18
10/23/85 pg. 1
Agen. by cons.
see pg. 18
10/23/85 pg.2
AAgen. by cons.
see Da. 18
10/23/85
Agen. by cons.
see pg. 29
10/23/85 pg.2
Agend, by cons.
see . 19
10/23/85 pg.2
Agend. by cons.
see u. 19
pg .Timmµ
Agen, by cons.
see s. 19, 34
10/23/85 Pg 3
Agen. by cons.
see u.33
10/23/85 pg.
Agen. by cons.
see g� s. 33 &34
CITY OF TAMARAC
REGULAR CITY COUNCIL MEETING
OCTOBER 23, 1985
Tape CALL TO ORDER: Mayor Kravitz called the meeting to order at 9:00
1 A.M. on Wednesday, October 23, 1985, in Council Chambers.
ROLL CALL: PRESENT:
Mayor Philip B. Kravitz
Vice Mayor Helen Massaro
Councilman Artur H. Gottesman
Councilman Raymond J. Munitz
Councilman Sydney M. Stein
ALSO PRESENT:
Larry Perretti, Acting City
Manager
Jon M. Henning, City Attorney
Carol E. Barbuto, Assistant City
Clerk
V. Diane Williams, Secretary
MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Kravitz called for a
Moment of Silent Meditation followed by the Pledge of Allegiance.
COMMUNITY DEVELOPMENT:
51. Lennar Homes - Kings Point - Si n Ordinance Waiver -
Tem Reso3835 -- Discussion and possible action
SYNOPSIS OF ACTION:
Agendized by consent (See page 17 )
V/M Massaro MOVED that a waiver of the sign ordinance for Lennar
Homes be agendized by consent. SECONDED by C/M Gottesman.
VOTE: ALL VOTED AYE
GENERAL ADMINISTRATIVE FINANCIAL
52. Williams. Hatfield & Stoner- Payment of Invoice -
Discussion and possible action
SYNOPSIS OF ACTION:
Agendized by consent (See page 18 )
V/M Massaro MOVED to agendize by consent payment of invoice to
Williams, Hatfield & Stoner in the amount of $337.75 and explained
that it needs a budget increase since no budget was provided for
this work; the total amount of work to be done amounts to $450.00.
SECONDED by C/M Stein.
VOTE: A L VOTED AYE
LEGAL AFFAIRS
53. President's ouncil - Utility Referendum Item -
Discussion and possible action
tYNOPSIS OF ACTION:
Agendized by consent (See page 18 )
C/M Munitz MOVED to agendize by consent discussion and possible
action on a memo dated October 18, 1985 from the President's
Council. V/M Massaro AMENDED the MOTION to include that Council
would consider the item only if Mr. Alan F. Ruf, Consulting City
Attorneys were present for the discussion. SECONDED by C/M Stein.
VOTE: ALL VOTED AYE
1
10/23/85
/vdw
BOARDS AND COMMITTEES
54• Consumer Affairs Committee - Announcement of Vacant
Discussion and
possible action
SYNOPSIS OF A TION:
Agendized by consent (See page 18 )
C/M Stein MOVED to agendize by consent announcement of vacant o
the Consumer Affairs Committee. Y n
SECONDED by C/M Gott
Gottesman.
MOTE:
ALL VOTED AYE
TAMARAC TILITIES
55. EPA Advance Treatment Review on Dee Well Injection
Pro'ects - Discussion
and possible action
SYNOPSIS OF ACTION:
Agendized by consent (See page 29)
V/M Massaro MOVED to agendize by consent for discussion and recom-
mendations possible EPA Advance
Treatment Reviews of the Deep
Injection Well Project. SECONDED by C/M
Gottesman.
VOTE:
ALL VOTED AYE
GENERAL ADMINISTRATIVE FINANCIAL
56• En ineerin De artment -
Discussion and of Safet Shoes -
possibleactionase
SYNOPSIS OF ACTION:
Agendized by consent (See page 19 )
V/M Massaro MOVED to agendize by consent the purchase of safet
shoes which would increase the
Engineering Department's bud etyb
$160. SECONDED by C/M Gottesman. g y
VOTE :
ALL VOTED AYE
57. Sister Cit Pro ram
Possible action on repeal ofRthis program Discussion and
SYNOPSIS OF ACTION:
Agendized by consent (See page 19
The City Attorney stated he had prepared a proposed resolution
which indicated that the City is
not n
program at this time. V/M Massaro MOVED stoagendizesbyrcocit
nsentthe proposed resolution repealing the sister city
SECONDED by C/M Stein.
program.
VOTE:
ALL VOTED AYE
PRESENTATIONS AND AWARDS
1• Em to ee Service Awards - Presentation b Manager Perretti of five-year Y Acting City
y
George Strittmatter, FireDepartment,
Dorothy�th Hunn,1dCit
Clerk's Office, Milton Glass, Public Works, Rae Diamond,
Recreation, and Sylvia
Ilgovsky, Finance Department; and a
ten-year pin to Lowell Smout, Police
Department.
SYNOPSIS OF ACTION:
Acting City Manager Larry Perretti
presented the Employee Service Awards
Acting City Manager Perretti presented Employee Service Awards of
five-year pins to: George Strittmatter,
Fire Department, Dorothy
2
10/23/85
/
/vdw
/
Hunn, City Clerk's Office, and Sylvia Ilgovsky, Finance Department.
Mr. Perretti also presented a ten-year pin to Lowell Smout, Police
Department. Mark Smith, Rae Diamond and Milton Glass were not
present to receive their five-year pins.
2. Vni-ed Nations Da - Announcement of presentation of a pro-
clamation by Mayor Kravitz designating October 24, 1985, as
"World Peace Day" and the seven minutes from 1:00 p.m. to
1:07 p.m. as "Seven Minutes of World Peace".
SYNOPSIS OF ACTION:
Mayor Kravitz announced
the proclamation.
Mayor Kravitz announced the proclamation designating October 24,
1985, as "World Peace Day" and the seven minutes from 1:00 p.m. to
1:07 p.m. as "Seven Minutes of World Peace". He said the proclama-
tion will be read on October 24, 1985 at Veterans' Park.
GENERAL ADMINISTRATIVE FINANCIAL
13. Engineering and Utilities Personnel - Discussion and
possible action on a request by the City Engineer/Utilities
Director to approve hiring two additional engineers, one for
Engineering Department and one for Utilities West.
SYNOPSIS OF ACTION:
AUTHORIZED Acting City Manager to
advertise for an engineer for Utilities
West and William Greenwood will remain
as director of both divisions.
Acting City Manager Perretti stated they would not be hiring two
engineers but one and transferring another employee, Bob Foy,
who would head the Engineering Department. He asked for Council's
approval to hire a utilities engineer which would, then, total two
engineers to the department.
V/M Massaro MOVED, due to the heavy workload of the Engineering
Department, that the Acting City Manager be AUTHORIZED to advertise
for an engineer for the Utility Division and Mr. Greenwood would
still remain the director of both divisions. SECONDED by C/M
Gottesman.
C/M Munitz inquired if the Acting City Manager had an actual figure
as to the increase of the City Engineer's budget due to the
additional personnel.
V/M Massaro referenced a memo which stated that the pay range would
be $30,780 to $40,504 and stipulated that it would depend on the
experience and qualifications of the prospective employee.
VOTE
ALL VOTED AYE
18. Drainage improvements - Discussion and possible action to
authorize a study to eliminate flooding in the Boulevards
Section (tabled from 10/9/85).
SYNOPSIS OF ACTION:
AUTHORIZED Williams, Hatfield & Stoner to
prepare a drainage study to eliminate flooding
in the Boulevards Section for a fee not to ex-
ceed $4800 with work to commence immediately.
Bill Greenwood will check accuracy of locations
to be studied.
V/M Massaro said in an effort to obtain the best services possible,
Council has received a proposal, through the City's Engineering
Department, from Williams, Hatfield & Stoner for a fee not to
exceed $4800 to prepare a drainage report in the Boulevards section
between NW 22 Avenue and NW 28 Avenue. She said the emphasis of
the report will be on the street flooding which occurs on NW 55
Court between NW 24 Avenue and NW 23 Avenue and on NW 22 Avenue.
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10/23/85
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V/M Massaro MOVED that Williams, Hatfield & Stoner be AUTHORIZED to
start work immediately. SECONDED by C/M Gottesman.
VOTE:
ALL VOTED AYE
James Collier, resident, said he was very happy that Council
has authorized the study. He offered a correction in reference
to the location stating that the Boulevards does not have a
22nd Avenue but that the flooding exists between 23rd Avenue
and 26 Avenue. V/M Massaro asked Bill Greenwood, City Engineer,
to check the accuracy of the project description.
BOARDS AND COMMITTEES
3. Plannin Commission - Tem D. Reso.
777
Possible action to appoint one (,1)�alternatemember
snand
(tabled
from 10/9/85) .
SYNOPSIS OF ACTION:
TABLED to a future meeting
Mr. Henning read Temp. Reso. 3777 by title.
V/M Massaro said Council has not received any new applications
and asked that this item be TABLED.
Mayd that
Chairman Bender also asked that this itemrberavitz TABLEDadd SECONDED
by C/M Gottesman.
VOTE:
ALL VOTED AYE
4• Board of Adjustment -Tem Reso. 3778 -- Discussion and
Possible action to appoint one (1) member (tabled from
10/9/85)
SYNOPSIS OF ACTION:
TABLED for receipt of
additional applications
Mr. Henning read Temp. Resn. a377g by title.
V/M Massaro stated that she would like to see additional appli-
cations come in and MOVED to TABLE. SECONDED by C/M Gottesman.
VOT E
ALL VOTED AYE
5• Welcomin Committee - Tem. Reso3803 -Discussion and
Possible action to appoint one (l) member (tabled from
10/9/85)
SYNOPSIS OF ACTION;
TABLED
Mr. Henning read Temp- Resn. a3803 by title.
Mayor Kravitz informed that Chairperson Mollie Goldstein requested
that this item be tabled as she is in the process of recruiting
more people to enroll. C/M Gottesman MOVED to TABLE. SECONDED by
C/M Munitz.
VOTE:
ALL VOTED AYE
6. P blic Information Committee
Discussion and possible action tomappoint-
oneg(1)�member
(tabled from 10/9/85) .
SYNOPSIS OF ACTION. -
REMOVED from agenda at request
of Chairman Irving Fenichel
Mr. Henning read Temp. Reso. .43804 by title.
V/M Massaro reported that Chairman Fenichel of this committee has
requested this item be REMOVED from the agenda and she SO MOVED.
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10/23/85
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SECONDED by C/M Munitz.
VOTE: ALL VOTED AYE
16. Kiwanis Club and Police Athletic League Carnival -
Discussion and possible action on a request to allow a car-
nival October 31 through November 3, 1985 on property east
of the City Public Works Building on Commercial Boulevard
(tabled from 10/9/85)
SYNOPSIS OF ACTION:
AUTHORIZED to hold carnival on City
property with conditions
V/M Massaro stated that she had received a call which revealed
that the Kiwanis Club, through no fault of their own, was supposed
to have another field but the owner of the property had to have it
vacant because he is in the process of selling it. She said this
put the Kiwanis Club in a very embarrassing position and she MOVED
that they be AUTHORIZED to hold the carnival on City land subject
to the proper insurance policies and that the City Manager and City
Attorney take whatever steps are necessary to insure that the
City's position is completely protected with a Hold Harmless Agree-
ment and that they be required to clean the site. V/M Massaro
added that PAL is involved with Kiwanis and they were both worthy
of consideration. C/M Stein SECONDED.
VOTE: ALL VOTED AYE
7. Investment Advisory Committee - Discussion and possible
action on:
a) Report by the Chairman
b) Announcement of expiration of five (5) positions on this
committee
SYNOPSIS OF ACTION:
a) Chairman Solomon gave a report.
b) Mayor Kravitz announced five vacancies.
b) Mayor Kravitz announced expiration of five (5) positions for this
committee.
Tape Chairman Solomon reported that he hoped that the legislation recom-
2 mended by his committee would avoid any unfortunate situations. He
a) stated that the City Attorney informed him the legislation will be
ready for Council's approval at the next regular meeting. Mr.
Solomon reported that the committee presented a new form to the
Finance Department which was felt to be a better form than was pre-
viously used.
Mr. Solomon took the opportunity to thank each and every Council
member and staff for their cooperation. V/M Massaro expressed
thanks to the committee for the work that they have done and hoped
to see them return for the next year.
8. CONSENT AGENDA
a) Minutes of 9/10/85 - Special Meeting - Approval recommended by
City Clerk
b) Minutes of 9/26/85 - Regular Meeting -- Approval recommended by
City Clerk
c) Williams, Hatfield & Stoner, Inc. - Consulting Engineer -
Approval to pay the following invoices for the Tamarac Lakes
Gravity Sewer Project 84-5 from TUW Construction Fund Account
434-509-596-318
1) Invoice 1710-9, Statement 1 - $ 834.90
, Statement 2 -- 2,342.55
, Statement 3 - 322.55
2) Invoice 1710-9, Statement 4 _ $6,211.85 - Total
3) Invoice 2214-03, Statement 3 - $1,070.55
d) Municipal Complex - Hiring of Construction Manager - Approval to
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10/23/85
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remove this item from the agenda.
e) Banyan Lakes - Water and Sewer Developers Agreement - Approval
to remove this item from the agenda.
f) All Saints Lutheran Church - Council's interest in purchase for
use as a combination community/recreation center - Approval to
remove this item from the agenda.
g) Area Agency on Aging - Approval of payment in the amount of
$5,000.00 for Fiscal Year 1985/86 (which is the City's fair
share) .
SYNOPSIS OF ACTION:
APPROVED Items a, d, e, and f.
b was REMOVED and TABLED.
c REMOVED and TUW was changed
to read TU Construction Fund.
c) 1 APPROVED with Fund Account Number
changed to 434-509-596-325.
c) 2 WITHHELD payment of invoice in
the amount of $6,211.85
c) 3 APPROVED with Fund Account Number
changed to 434-509-596-324.
g) REMOVED for research by City Attorney.
Mayor Kravitz requested that item g) be WITHHELD. C/M Munitz SO
MOVED. SECONDED by C/M Gottesman.
V/M Massaro requested that items c), and b) also be WITHHELD.
VOTE:
ALL VOTED AYE
C/M Munitz MOVED the APPROVAL of items a, d, e, and f. SECONDED
by C/M Gottesman.
VOTE: ALL VOTED AYE
b) V/M Massaro MOVED to TABLE item b. SECONDED by C/M Gottesman.
VOTE: ALL VOTED AYE
c) V/M Massaro explained that item c) was the Tamarac Lakes Gravity
Sewer Project and should only read "84-5 from Tamarac Utilities" --
TU not TUW. She said the construction fund accounts have been
changed; the fund number is 434-509-596-325 for the $3500 invoice
and added that amount is ready to be paid. V/M Massaro requested
that item 2 be WITHHELD in the amount of $6211.85 because of the
question of possible billing duplication. She stated that Item 3
is ready for payment in the amount of $1070.55 and is to be charged
to construction fund account number 434-509-596-324 and SO MOVED.
C/M Gottesman SECONDED.
VOTE: ALL VOTED AYE
g) Mayor Kravitz reported that he received a memo in reference to Item
g) which stated that under Code 2-11.1, the City Council is prohi-
bited from granting a request for contributions to private organi-
zations and to other private organizations under Ord. 79-22 dated
4/11/79. He requested, since this organization is private, that
the City Attorney seek a change in the Code or whatever is neces-
sary so Council could consider giving the $5000 to the Area Agency
on Aging.
C/M Munitz recalled that Council has given the money in the past
and asked why they could not contribute the money now.
Mr. Henning answered that he had not seen the Area Agency on
Aging's Charter nor what their setup is; however, he stated there
is a provision in the City Code which can be changed by Council.
The City Attorney said the provision indicated that Council is
prohibited from granting requests for contributions to private/
charitable organizations and other private -service organizations.
He said this matter can be resolved within a month if Council
wishes him to amend the Code but felt because of the present
ordinance that Council should withhold payment at this time.
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10/23/85
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V/M Massaro said it was not what Council wanted to do but rather
what they have to do because it was very clear from the ordinance
that Council cannot make the payment at this time. She added
that she would like to be able to support this organization because
she felt their work was very worthwhile. V/M Massaro MOVED that
the City Attorney research the subject and send Council a memo with
his recommendation.
Mayor Kravitz noted that staff checked with Tallahassee and the
Area Agency on Aging is listed as a private organization.
C/M Munitz asked for clarification of the statement "(which is the
City's fair share)". V/M Massaro stated that she interpreted the
phrase to mean the City's fair share for this year. V/M Massaro
said she would like a memo on it because she wanted to know about
the Federal Government's involvement.
Motion SECONDED by C/M Munitz.
VOTE• ALL VOTED AYE
GENERAL ADMINISTRAIVE/FINANCIAL
15. Occu ational License Fee Refund - Discussion and possible
action to authorize refund of fee paid by Arthur Meyerson for
Rose Lee Ferstenberg, Attorney, for Fiscal Year 1985/86 in the
amount of $140.00.
SYNOPSIS OF ACTION:
AUTHORIZED Acting City Manager
to refund fee paid less the
$10.00 refunding fee.
Mr. Henning explained that the occupational license fee was prepaid
and Ms. Ferstenberg had to move out of town because of an illness
in the family and is asking for a refund. V/M Massaro MOVED that
the Acting City Manager be AUTHORIZED to instruct the Finance
Director to issue a check refunding the money less the usual $10
fee charged for refunds. SECONDED by C/M Gottesman.
VOTE: ALL VOTED AYE
COMMUNITY „DEVELOPMENT
42. Calico Countr Woodview T act 38 - Revised Site Plan -
Temp. Reso, #3833 - Discussion and possible action on a
revised site plan reflecting location of fences.
SYNOPSIS OF ACTION:
TABLED with conditions
Mr. Henning read Temp. Reso. #3833 by title.
V/M Massaro said the plan would be very difficult to cope with if
it were passed under its present conditions. She said the plan
needed more work although the developer did clean it up some. V/M
Massaro stated the plans did not include measurements and acknow-
ledged that the City already has had problems with it from people
who want to know how far they can build, and what they can do. She
suggested that more work be done inhouse through the City's Planner
on this project before Council moves forward.
Mr. Henning said the primary problem with this particular drawing
was there was a previous builder's envelopes which stated "Single
Family Lots" and now Mr. Koerber wants to revise the location of
the envelopes. He said there was also another question as to con-
struction of fences and limited common property. The City Attorney
said the immediate problem Council is faced with is that they can-
not read the drawing too well because the scale is too small. He
explained that there were a lot of overlapping lines and a lot of
dimensions are not on the plans. He said the conceptual problem of
whether or not the fences can be built using the setbacks of the
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10/23/85
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Code based on the limited common areas could probably be workable.
Mr. Henning stated there had been a request for a variance for one
of their existing homes to build a patio and said if there were
to be a parade of variances, then that would be a concern to
Council. Mr. Galloff said they would like to avoid these requests
also.
The City Attorney said, in reviewing the plans, the developer
needed to confirm with the Planning Department as to whether or
not they need a 20--foot or 21-foot canal maintenance area. V/M
Massaro corrected that it was not a canal maintenance area but a
setback requirement on a waterway. Mr. Henning summarized that the
plan would probably be workable but the drawing needed to be
prepared so that Council could understand it better and use it as a
tool in the future when building permits are requested.
V/M Massaro suggested that the drawing be submitted in two parts
on a larger scale. She said Richard Rubin, City Planner, could
discuss the plans with the developer before they are resubmitted
to Council.
Mr. Koerber said they are telling the people no patios; however,
his concern is with the fencing. He said they could prepare the
drawings in two phases on a larger scale but stated they submitted
the present drawings because City staff requested they be done
exactly as submitted. Mr. Koerber said the dimensions are on the
survey.
Mr. Henning said a survey could be submitted because those drawings
will serve as a tool for every single-family homeowner who comes
in for a fence permit but as it reads now adequate dimensions are
not on there to issue permits. V/M Massaro said the dimensions
have to be on the plans.
C/M Gottesman stated that as a professional engineer he suggested
the developer correct the drawing and make it readable.
Mr. Galloff asked if there was any basic objection to the concept
of the fencing. V/M Massaro said there was no objection to the
fencing but rather a matter of having the plan redone so that it
is readable.
V/M Massaro advised that the developer will have to adhere to
Mr. Rubin's recommendations including an additional recommendation
which requires an agreement whereby if the City's Public Works•'
employees have to enter the property for maintenance of the canal,
it might be necessary for them to remove and replace the fence at
the developer's expense or it would have to be removed from the
easement. She said the developer could formulate such an agree-
ment to include this provision and incorporation of additional
recommendations by the City Planner with the aid of the City Attor-
ney. V/M Massaro also informed that the encroachment may require
Mr. Koerber to obtain a variance from the Board of Adjustment.
She concluded that wherever a fence is erected on the City's ease-
ment would have to be discussed with the City Attorney and MOVED
that the item be TABLED.
SECONDED by C/M Munitz.
VOTE• ALL VOTED AYE
45. Lake Colon (Brookwood -Gardens) -- Discussion and possible
action on status of traffic light bond (tabled from 9/26/85)
SYNOPSIS OF ACTION:
TABLED to next regular meeting (11/13/85)
V/M Massaro informed that she had spoken with Mr. Huebner and re-
lated the problems Council had concerning releasing the bond at
this time and that further research was needed by the City Attor-
ney. She said he agreed to TABLE to the next regular meeting, and
she SO MOVED. SECONDED by C/M Munitz.
VOTE: ALL VOTED AYE
10/23/85
/vdw
47. Siegel Funeral Dome - Temp.--Reso. #3801 - Discussion and
possible action to release a performance bond subject to re-
ceipt of a one-year warranty bond (tabled from 10/9/85).
SYNOPSIS OF ACTION:
APPROVED subject to receipt of a RESOLUTION NO. 85-335 PASSED
one-year warranty bond in the
amount of $7,894.00
Mr. Henning read Temp. Reso. #3801 by title.
Mr. Henning said it was a cash bond and has been signed off by
Engineering. He said a memo from the Finance Department indicated
that it has been paid up. V/M Massaro MOVED that Temp. Reso.
#3801 be APPROVED releasing the performance bond in the amount of
$31,576 subject to receipt of a one-year warranty bond in the
amount of $7,894.00. SECONDED by C/M Gottesman.
VOTE:
ALL VOTED AYE
46. Wellens Furniture Company - Sign Waiver - Temp. Reso.
#3824 - Discussion and possible action to renew a sign
waiver for a ground directional sign west of the entrance
driveway at 3801 W. Commercial Boulevard.
SYNOPSIS OF ACTION:
APPROVED for one year from RESOLUTION NO. 85-334 PASSED
10/28/85
Mr. Henning read Temp. Reso. #3824 by title.
V/M Massaro MOVED to APPROVE the renewal of the sign waiver for
Wellens Furniture Company. SECONDED by C/M Gottesman.
VOTE:
ALL VOTED AYE
44. Woodmont Tract 48 Waterford at Woodmont - Discussion and
possible action on:
a) Release of a performance bond posted for public improve
ments subject to receipt of a one-year warranty bond -
Temp.__Reso_._ #3825
b) Acceptance of the Bill of Sale for the water distribu.
tion and sewer collection system improvements -
Temp. Reso. #3826
SYNOPSIS OF ACTION:
a) TABLED to determine if additional
engineering fees in the amount
of $235.13 have been paid.
b) APPROVED RESOLUTION NO. 85-34 PASSED
a) Mr. Henning read Temp. Reso. #3825 by title.
V/M Massaro asked Assistant City Clerk Barbuto if the $235.13 had
been paid and she informed that it had not been paid. V/M Massaro
MOVED to TABLE and stated that the petitioner be contacted to
determine if the fee has been paid. V/M Massaro asked if there was
a possibility of the bond lapsing before the fee is paid. Assis-
tant City Clerk Carol Barbuto informed that the petitioner has
automatic one-year renewals. V/M Massaro asked Jon Henning to call
them. SECONDED by C/M Gottesman.
VOTE:
ALL VOTED AYE
b) Mr. Henning read Temp. Reso. #3.826 by title.
V/M Massaro MOVED to APPROVE Temp. Reso 826 by title.
SECONDED by C/M Stein.
VOTE: ALL VOTED AYE
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TAMARAC UTILITIES
23. Utilities West - Bid Awards - Discussion and
possible
action to award bids for the following:
a)
Grouting chemicals - Temp._Reso. #3821
b)
Chlorine - Temp.-Reso. #3822
c)
Bulk pebble quicklime - Temp. Res.
#3823
SYNOPSIg
OF ACTION:
a) Bid
awarded
to Cues, Inc. RESOLUTION NO.
85-328
PASSED
b) Bid
awarded
to Allied Universal RESOLUTION NO.
85-329
PASSED
Corp.
G) Bid
awarded
to Allied Products, RESOLUTION NO.
85-330
PASSED
Co.
a)
b)
c)
Mr. Henning read Temp. Reso. #3821 by title.
V/M Massaro MOVED the ADOPTION of Temp. Reso. #3821. SECONDED
by C/M Gottesman.
VOTE: ALL VOTED AYE
Mr. Henning read Temp. Reso. 43822 by title.
V/M Massaro MOVED to APPROVE Temp. Reso.. #3822. SECONDED by
C/M Gottesman.
VOTE:
ALL VOTED AYE
Mr. Henning read Temp. Reso. #3823 by title.
V/M Massaro MOVED the ADOPTION of Temp. Reso. #3823. SECONDED
by C/M Gottesman.
VOTE: ALL VOTED AYE
24. tili ies West- Rehabilitation and Expansion of Waste-
water Treatment Plant Project 85-19 - Discussion and
possible action to select a consultant to perform services
for this project.
SYNOPSIS OF ACTION:
APPROVED the firms as ranked by Committee which
are Hazen and Sawyer, CH2M Hill Engineers, and
James M. Montgomery, Consulting Engineers, Inc.
and AUTHORIZED staff to negotiate and report to Council.
Bill Greenwood, Director of Utilities, reported that according to
Florida's Competitive Negotiations Act for Consultants the Select -
Committee met last Thursday and made a recommendation to Council.
He said the rating of the three firms was Hazen and Sawyer, #1;
CH2M Hill, #2; and James M. Montgomery, #3. Mr. Greenwood request-
ed authorization and permission to enter into negotiations for
defining the final scope, budget and engineering fees with Hazen
and Sawyer, and if not successful with that firm, he will move to
the #2 and #3 firms in accordance with the Florida Statute.
Mr. Greenwood said questions have arisen as to whether this project
should proceed and stated it was staff's recommendation that a
scope of services be developed for the rehabilitation of the
existing plant, and phasing the scope to utilize the engineering
services that would be required whether the sewerage treatment
plant remains at its existing location or is to moved. He said the
reasoning is even if a referendum does come about for the reloca-
tion of the sewerage treatment plant and were successful, it would
take approximately two and a half years before the plant would be
ready. Mr. Greenwood said additional work must be done on this
system to maintain it and keep it operational so that it is in com-
plete compliance with the permits; therefore, he reiterated his
request to be allowed to enter into negotiations with Hazen and
Sawyer but phasing the work. Phase I would take into conside-
ration the question that is before Council and the questions that
will be coming up concerning the sewerage treatment plant.
V/M Massaro asked Mr. Greenwood if they were to receive two sets of
1
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10/23/85
/vdw
recommendations. Mr. Greenwood replied that they would not but
would be designing a scope of services for the consultants which
Tape includes the entire scope with complete rehabilitation of the
3 sewerage treatment plant and its existing location for a price tag
of approximately $2,833,000. He said their only request is to re-
design the scope in lieu of the petitions and put in several tasks.
V/M Massaro asked if additional expense would be incurred to do
this work. Mr. Greenwood said there would be no additional expense
and that there were several items that had to be taken care of
which included the structural integrity of several tanks and tha
work has to be done no matter what is done now or in the future.
He said rag removal and safety for chlorination facilities has to
be done no matter what so Task 1 would take into consideration the
necessary repair work and rehabilitation of the existing plant and
its existing location. V/M Massaro said she understood, then,
that Task 1 would only include the rehabilitation of the utility
plant at its present site so that no other work will be done or
expense incurred as to the other site inasmuch as the referendum
which has been passed by the residents. Mr. Greenwood concurred
and stated that they would be phasing the engineering work and not
delaying needed improvements.
C/M Gottesman MOVED to ADOPT the position so stated by Mr. Green-
wood that Council proceed with the rehabilitation as a separate
task item in the entire program inasmuch as it will not affect
future plans regarding petitions, referendums, etc. C/M Gottesman
said this work is needed now and has to be done and named Hazen and
Sawyer as engineers who have submitted the lowest bid to do this
task and that the work proceed. SECONDED by V/M Massaro.
Mr. Henning asked if a price had been received from Hazen and
Sawyer. Mr. Greenwood said he had and explained that the City has
initiated a new procedure which was for the consultants to submit a
complete, detailed scope budget time schedule and proposed price
tag; however, he said in accordance with the negotiations act that
would be the beginning price tag and they will be entering into
negotiations to try to refine that and, hopefully, lower it. The
City Attorney summarized that the actual action is that Council is
adopting the ranking of the committee and either delegating the
negotiations with the first choice to the committee or accepting it
themselves.
V/M Massaro said Council was not accepting it. Mr. Henning said
Council is accepting the ranking and authorizing the committee to
negotiate. Mr. Greenwood corrected not the committee but staff.
Mr. Henning stated that staff would be authorized to negotiate and
report to Council with results of the negotiations.
VOTE• ALL YQTED AYE
25. Utilities West - Wells 12 and 13. (Project 84--14) --
Discussion and possible action to authorize Change Order
1 to Bid 85-23 deleting from the contract construction of
a sidewalk along University Drive.
SYNOPSIS OF ACTION:
APPROVED with conditions
City Engineer Greenwood stated the sidewalk in question is along
University and reported that V/M Massaro questioned since Univer-
sity Drive is scheduled for widening that the designers be con-
tacted to determine if their plans included construction of a
sidewalk. He said he checked with the designers and they have in-
cluded a sidewalk in their designs for this location; therefore,
it is not necessary for the City to replace the sidewalk at this
particular time. He stipulated that the sidewalk along 61st would
still be installed.
C/M Gottesman MOVED AUTHORIZATION of the Change Order to delete
that section of sidewalk on University Drive which will be in-
stalled when University Drive is widened.
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10/23/85
/vdw
V/M Massaro asked the cost of the project. Mr. Henning answered
it was a $15,000 contract for both sidewalks as of now and the
contractor has been notified by Williams, Hatfield & Stoner, the
project supervisors, that they want to negotiate a Change Order to
determine the unit cost for reduction of this sidewalk. Mr.
Henning said Mr. Greenwood should be authorized to negotiate a
Change Order and bring it back to Council. C/M Gottesman said the
intent of his MOTION was to authorize deletion and have them come
back to Council for approval.
Mr. Greenwood said through verbal communication with Williams,
Hatfield & Stoner the total price tag will be divided by the total
length of sidewalk to come up with a per foot basis and that will
be the deletion and they have verbally agreed to this.
V/M Massaro said she understood the MOTION was to AUTHORIZE K.
Herron & Sons to install the sidewalk on 61st Street at a per
linear foot pro rata using the base figure of $15,750 whereby she
SECONDED the MOTION. V/M Massaro instructed the City Engineer to
contact the Monsignor regarding the deletion.
Mr. Henning said the purchase price for the wellfield easements on
the church was directly related to the cost of the sidewalk and the
question is if the cost of the sidewalk is less would there be a
credit to the purchase of the easements.
VOTE: ALL VOTED AYE
26. Utilities - Water and--Sewer-Plan Review Fees -
Temp Reso. #3760 - Discussion and possible action to in-
crease these fees from $500.00 to $750.00 (tabled from
9/11/85).
SYNOPSIS OF ACTION:
APPROVED increasing fees from RESOLUTION 85--331 PASSED
$500 to $750
Mr. Henning read Temp. Reso. #3760 by title.
Mr. Henning stated that the City Code and Water and Sewer Agree-
ments provide that if there is a Water and Sewer Agreement in
excess of 10 ERC's, an engineering review charge is required which
is presently $500. The City Attorney said there has been a re-
evaluation of the costs for the engineering services for the review
of these developments' water and sewer agreements and the recommen-
dation is that the fee be increased from $500 to $750.
V/M Massaro said a correction needed to be made in that it is not
"in excess of 10 ERC's" but it is "10 or more'. V/M Massaro MOVED
that Temp. Reso. #3760 be APPROVED and added that $750 is a very
reasonable figure for the work that is involved. SECONDED by
C/M Gottesman.
VOTE•
C/M STEIN AYE
C/M MUNITZ ABSENT
C/M GOTTESMAN AYE
V/M MASSARO AYE
MAYOR KRAVITZ AYE
GENERAL ADMINISTRATIVE/FINANCIAL
17. Police Pistol Range - Temp. Reso. #3815 -- Discussion
and possible action to renew a contract for police
marksmanship training.
SYNOPSIS OF ACTION:
APPROVED Temp.--Reso.-#3815 RESOLUTION NO. 85-327 PASSED
Mr. Henning read Temp. Reso. #3815 by title.
Mr. Henning reported that the City contracted with the indoor range
located in Pompano to provide the necessary services for the police
12
10/23/85
/vdw
officers to qualify with their firearms. He said the contract has
expired, however, the City has continued the use of the facilities
on a month -to --month basis. The City Attorney said the contract has
a 30-day cancellation and costs $3.50 per month per officer.
C/M Gottesman asked, in view of the fact that so many companies are
cancelling liability coverage, could Billie Bob's Pistol Range get
liability coverage. Mr. Henning said this liability coverage is
for accidents at the range. He said if the operators have a prob-
lem with the insurance it would be up to them to notify the City.
V/M Massaro MOVED the ADOPTION of Temp. Reso. #3815 APPROVING
Addendum #1 to an agreement with Billie Bob's for use of its
firing range facilities for marksmanship training and practice by
Tamarac's sworn police officers. SECONDED by C/M Stein.
VOTE: ALL VOTED AYE
20. Broward League of Cities Business - Discussion and possible
action on:
a) Payment in the amount of $2,260.80 for the City's
annual dues for Fiscal Year 1985/86.
b) Report
SYNOPSIS OF ACTION:
a) APPROVED
b) Mayor Kravitz gave a report.
a) C/M Stein MOVED to AUTHORIZE the Acting City Manager to pay the
bill in the sum of $2,260.80 for Fiscal Year 1985/86 to the Broward
League of Cities. SECONDED by V/M Massaro.
VOTE• ALL VOTED AYE
b) Mayor Kravitz reported that he had received and distributed to
Council the minutes of October 8, 1985.
22. Northwest Council of Mayors Business - Discussion and
possible action
SYNOPSIS OF ACTION
Mayor Kravitz gave a report.
Mayor Kravitz reported three items were to be pursued as determined
at the last meeting on 10/14/85:
1. Parks and Recreation -- With the help of the Acting City
Manager, questionnaires have been sent to all ten (10)
cities in an effort to determine the direction of Parks
and Recreation Departments.
2. Reference to voting - Mayor Kravitz announced a special
meeting of the Broward League of Cities and stated they
are doing exactly what the Northwest Council of Mayors
has asked the Broward League to do in reference to the
method of voting.
3. Insurance - Mayor Kravitz informed that as a result of
the problems encountered in obtaining liability insur-
ance, the Northwest Council of Mayors has formed a sub-
committee to investigate whether the cities should pool
insurance, go to Tallahassee to meet with insurance
Commissioner Bill Gunter, go to self-insurance, etc.
58. Acceptance -of Two DER G ant Offers -- Discussion and
possible action
SYNOPSIS OF ACTION:
Agendized by consent (See pages 19 ,and 34)
V/M Massaro MOVED to agendize by consent acceptance of 2 DER Grant
Offers. SECONDED by C/M Gottesman.
VOTE ALL VO ED AYE
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10/23/85
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10. Confidential, Supervisory and Managerial Employees -
Temp. Reso. #3811 - Discussion and possible action to
approve a pay increase for these employees (tabled from
10/9/85) .
SYNOPSIS OF ACTION:
TABLED
C/M Gottesman read Temp. Re.so, 4381.1 by title.
Acting City Manager recalled this item was tabled at the last
meeting in order that Council receive additional information
pertaining to this group of employees. Mr. Perretti said the
FPE has a contract which expires September 30, 1987 and they are
basically locked in this particular year for a 1% pro -rated in-
crease October 1 and then on April 1, a five -percent increase
which will cover approximately 155 employees. He said the FOP
has a two-year contract which expires September 30, 1986 and
their contract for this year calls for a four --percent increase
October 1 and an anniversary date increase of four percent on
the individual anniversary dates of the respective police officers.
Mr. Perretti also referenced the International Association of Fire-
fighters contract had expired this past September 30 and they are
presently at an impasse and the firefighters have requested a
meeting with Council for a final decision. The Acting City Manager
said the only other group which has not been addressed is the
Confidential, Supervisory and Managerial group which are the non-
union employees. He said they have submitted a resolution recom-
mending a 3% increase retroactive to October 1, 4% on April 1,
and other areas cited within the resolution.
Mr. Henning said there have been a couple of positions which
were based on the new budget that have been deleted from the
resolution and informed that he had prepared a revision.
C/M Gottesman requested additional time to examine the information
to include the resolution before forming an opinion and he MOVED to
TABLE the item. He said upon cursory review of the data given to
him, there were very many inequities with regard to salaries of
several employees.
Acting City Manager Perretti said the employees would encounter
difficulty with this item being tabled because the benefit option
package is contingent upon Council's approval or disapproval of
this particular item. He explained that this benefit option
package included deferred compensation, and insurance carriers
whereby payments to these companies are being withheld subject to
Council's approval.
C/M Gottesman stated in the MOTION to TABLE that the benefit option
package be excluded and vote on that and it will be a separate
item. He said the benefit option package would have to be con-
tinued because they are under direct obligation. Mr. Perretti
answered, on behalf of the employees who are involved many of whom
are department heads and assistants, that the longer Council delays
action it will be demoralizing to their top staff even more when
they are held off on payment and their subordinates are getting
paid.
C/M Gottesman stated that any action taken by Council in the future
would be retroactive to October 1 and these employees are not being
penalized. SECONDED by V/M Massaro who explained that some people
have reached a pay scale at which she felt it was wrong to add to
it. She said she has asked the Finance Director for several
different versions of what would take place if certain cuts were
made but stated that inasmuch as the MOTION stated that it would be
retroactive she reiterated her SECOND to the MOTION.
VOTE•
C/M STEIN AYE
C/M MUNITZ NAY
C/M GOTTESMAN AYE
V/M MASSARO AYE
MAYOR KRAVITZ AYE
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10/23/85
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COMMUNITY DEVELOPMENT
41. Tract 27 - Discussion and possible action on:
a) Site Plan for the ground storage tank - Temp.
Reso. #3832
b) Report by the Parks Commissioner on lighting
(northeast corner of NW 77 Street and Nob Hill Road)
SYNOPSIS OF ACTION:
a) APPROVED RESOLUTION NO. 85-333 PASSED
b) AUTHORIZED Mayor Kravitz to form a
committee to determine the feasibility of
lighting entire two soccer fields and to
obtain information necessary for Council
to make a proper judgment at the next
regular meeting (11/13/85).
a) Mr. Henning read Temg. Reso._#3832 by title.
Richard Rubin, Consultant Planner, said the site plan has been
reviewed and determined to be in compliance with the City Code.
He said the purpose of the plan was to grant conceptual approval
from Council of the location so that the engineer can revise his
working drawings to reflect the design which staff felt would be
most appropriate for the site. Mr. Rubin said the changes to the
plan showed more thought given to the overall layout of the parking
to serve future community facilities at the site. The Consultant
Planner reviewed the plan citing the two soccer fields the City
already has and noted that two additional fields are planned to the
west on the south side of the site along with future tennis courts.
He also noted a group parking lot planned for the future to serve
all these facilities and commented that the engineers have decided
that if a portion of that parking lot is asphalted now as an en-
trance road to service the storage tank, this same driveway can be
used to serve future parking spaces and money can be saved by doing
it this way. Mr. Rubin said the parking lot is designed in accord-
ance with the Code.
Mr. Rubin said the second change was moving the location of the
pumphouse from facing north to facing west. He said by the middle
of next week he will submit to Council three alternatives for their
review.
a) Mr. Louis Solomon, Parks Commissioner, reported that several months
ago Council approved the lighting for one soccer field for Tract 27
and at this time nothing has been done. He cautioned that it was
very important that they go forward in order that the coaches and
the children are not rushing in practice because their time is
limited due to the fact that it gets darker earlier. The Parks
Commissioner urged Council to act on this matter as soon as pos-
sible.
Tape V/M Massaro stated that lighting has been approved for one soccer
4 field and that the City does have bids inhouse on the entire tract
on both soccer fields. She said it appeared that it would be rea-
sonable to install everything except service for the lighting for
the second because the amount of money that it would take to do
this now is insignificant as to what it would cost later to do the
work. V/M Massaro said she would like to see a committee formed
but first Council's approval is needed in order to set up the
fields at one time but only lighting one. She reiterated her
request for a small committee comprised of people who are experts
in this field and that they examine the bids received and deter-
mine what should be done and return to Council with a recommen-
dation, hopefully, by the next meeting.
Maxwell Ingram, Professional Engineer, thanked Council for
previously approving the installation of sports lighting for one
soccer on Tract 27. He said V/M Massaro had the right attitude
with respect to providing drawings and specifications to take
care of the second soccer field and her suggestions have been
incorporated in the changes which he has advocated. Mr. Ingram
said, in order to proceed expeditiously, efficiently and at mini-
15
10/23/85
/vdw
mum expense yet providing low maintenance and electric costs, he
has made important revisions in the plans and specifications of
the original bid package which was for two soccer fields. He said
the list contained 25 engineering changes which would allow, par-
ticularly, a set of concrete poles in between both fields to
accommodate the lights for the second field to eliminate the
necessity of installing an additional pole. Mr. Ingram said these
changes will provide more efficient and uniform light distribution
while effecting reduced electric monthly bills by one third and
there will also be less maintenance.
Mr. Ingram reported that through his friendship with FP&L he has
been able to prevail upon them to furnish electrical power service
at no charge to the city. He said they would also significantly
reduce installation costs by eliminating the transformer vaults
and transformer not required at this time and applying other
savings while improving light levels and operation. Mr. Ingram
said he spoke with Mr. Castro, the consulting engineer who had
formulated the original plans, specifications and bid package,
whereby Mr. Castro quoted an estimated figure of $1250 to provide
new plans, specs and applicable bid package for one soccer field.
He said although Mr. Castro will incorporate the recommended
changes, the quoted amount is less than one third the original
cost and the City will be saving thousands of dollars in construc-
tion costs and operations. Mr. Ingram said it had been suggested
that the City Engineering Department make these changes; however,
Mr. Greenwood informed him that he preferred not to assume the job
due to his heavy workload and added that the $1250 estimate was a
bargain and that his department could not do any better costwise.
Mr. Ingram suggested that in view of the aforementioned comments
that Leisure Development and Castro & Aurigemma, P.A., Consulting
Engineers, be given this job since they are familiar with the
project and have the expertise. He said he has found them most
cooperative, reliable and capable.
V/M Massaro suggested that Mayor Kravitz, as liaision, be the one
to appoint the committee. V/M Massaro said, certainly, Mr. Ingram
would be a member of this committee and MOVED that the Mayor be
AUTHORIZED to form a committee to determine the feasibility of
lighting the entire two (2) soccer fields and gather all infor-
mation that is needed in order for Council to make a proper
judgment at the next regular meeting.
Mr. Ingram said he has already recommended that the impacity of the
cable going from the FP&L transformer to the one soccer field shall
be sufficient to carry the load for the second soccer field. He
said he has all the necessary information and Mayor Kravitz
suggested that he and Mr. Ingram would get together as a committee
and make a recommendation to Council. V/M Massaro said Council
had only authorized the lighting of one not two but stated she
would like to get figures and asked them to look over the bid that
the City has inhouse and if there are changes, determine what kind
of costs are attributable to the changes and come back with the
information so that Council can make a firm decision. She said any
change to the bid should be submitted in written form.
Maxwell Ingram recommended that before any of the changes can be
done they will need to come up with new plans for the one soccer
field so they can get bids because the prices for the two fields
will not be applicable to the one field because there are so many
changes involved. V/M Massaro asked that the committee review
Mr. Ingram's proposals.
C/M Gottesman asked Mr. Ingram if he stated that the energy cost
would be absorbed by FP&L. Mr. Ingram said not the energy but the
power of service. SECONDED by C/M Gottesman.
Harold H. Newman, resident, asked if the professionals were going
to use the fields were they going to pay for lighting. V/M Massaro
said when the professionals used the fields they did pay for the
time they used it.
VOTE: ALL VOTED AYE
a
16
10/23/85
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VOTE
ALL VOTED AYE
a) V/M Massaro MOVED the ADOPTION of Temper Reso. #_3832 as submitted
dated 10/9/85. C/M Gottesman asked if her MOTION included Mr.
Rubin's drawings showing the entranceway. V/M Massaro answered
that it was not a detailed drawing but only a drawing to locate the
tank and the driveway. SECONDED by C/M Gottesman.
VOTE: ALL VOTED AYE
40. Wedgewood - Revised Site Plan - Temp. Reso.#3831 -
Discussion and possible action on a revised site plan for a
screen porch addition for Unit 14-D.
SYNOPSIS OF ACTION:
APPROVED
RESOLUTION NO. 85-332 PASSED
Mr. Henning read Temp. Reso. #3831 by title.
V/M Massaro said Council was in receipt of a letter from the
president of the association who had no objection and MOVED the
ADOPTION of Te— mp. Reso, #3831. SECONDED by C/M Stein.
VOTE: ALL VOTED AYE
43. Woodmont Tract 59 - Discussion and possible action on:
a) Site Plan -- Temp. Reso, 43834
b) Stipulation #24 - Temp. Reso #377
c) Amendment to the Water and Sewer Developers Agreement
(located south of NW 80 Street at NW 84 Terrace)
SYNOPSIS OF ACTION
Held for afternoon session
(See page 18 )
Mr. Henning read Tem . Reso. # 834 by title.
V/M Massaro said she did not feel, that Council should hear this
item because they are adding units and when this plat was approved
at the County level, the developer was held to a certain number.
She said the plat has to be amended before any further action can
be taken and asked how Council could approve a site plan before
they know if the County will allow additional units.
Mr. Henning replied that he had received a call on that and was
prepared to draft a resolution to change the plat but he was under
the impression that the County had not yet approved the plat. He
said the developer asked Council for their approval to add two
units.
C/M Stein asked if this was the old Toll site. V/M Massaro said
it was Tract 59 and confirmed that it was the same site. She
stated the developers could not add the two units until the plat
is revised. V/M Massaro reiterated that the County has restricted
them to a certain number but did not know if the plat had been
recorded. She said the developer's original request was for 74
units and now they want to go to 76 and to cure this, the develop-
er's has to bring in an amended plat whereby Council can add and
approve the two units and the plat will then go to the County,
V/M Massaro said if the County approved, then Council could simul-
taneously approve the site plan at that time when they bring in
the amended plat and state "Subject to the approval of the plat
by the County".
C/M Stein MOVED to TABLE until receipt of further information about
the plat and have a representative present. Mr. Henning suggested
that this item be held over to the afternoon session.
51, Lennar Homes - Kings Point - Sign Ordinance Waiver - Temp.
Reso. #3835 - Discussion and possible action
SYNOPSIS OF ACTIO :
APPROVED for one year
temporary directional
Agendized by consent c
from 10/23/85 for a
sign on Nab Hill Road.
1 page 1
17
10/23/$5
/vdw
Mr. Henning read Temp, Reso. #3 35 by title.
V/M Massaro MOVED the ADOPTION of Temp. Reso_. #3$35. SECONDED
by C/M Gottesman.
VOTE:
ALL VOTED AYE
V/M Massaro stated, for the record, there was approval from
Carteret Savings & Loan inasmuch as it was their land on which the
sign will be installed.
GENERAL ADMINISTRATIVE/FINANCIAL
52. Williams, Hatfield & Stoner - Payment of Invoice --
Discussion and possible action on a budget amendment.
SYNOPSIS OF ACTION: Agendized by consent on page 1
APPROVED invoice for $337.75 and
AUTHORIZED the Finance Director
to transfer amount to line item
account #345-761-572-630 named
'Improvements Other Than Buildings".
V/M Massaro said Williams, Hatfield & Stoner's invoice in the
amount of $337.75 needed a budget increase since no budget was
provided for this work and that the City Finance Director be
AUTHORIZED to transfer the funds to Account No. 345-761-572-630
named "Improvements Other Than Buildings". SECONDED by C/M Stein.
VOTE:
ALL VOTED AYE
43. Woodmont Tract 59 -- Discussion and possible action on:
a) Site Plan - Temp. Reso. #3834
b) Stipulation #24 - Tem Reso. #3770
c) Amendment to the Water and Sewer Developers Agreement
(located south of NW 80 Street at NW 84 Terrace)
SYNOPSIS OF ACTION:
TABLED to a future meeting (See page 17)
V/M Massaro stated that C/M Stein was correct when he suggested
that the item be tabled because she was in receipt of a letter
from Keith & Schnars which read that since the plat would be re-
viewed again by Council, it was their recommendation that the
final site plan scheduled for the October 23rd hearing be tabled
until the plat hearing by Council. C/M Stein MOVED to TABLE a),
b) and c). SECONDED by V/M Massaro.
VOTE: ALL VOTED AYE
GENERAL ADMINISTRATIVE/FINANCIAL
53. President's Council - Utility ReferendumItem - Discussion
and possible action
SYNOPSIS OF ACTION:
WITHDRAWN from the agenda
Agendized by consent (See page 1
C/M Munitz MOVED to WITHDRAW his MOTION to have the above -
referenced item agendized by consent because of certain information
he has received. SECONDED by C/M Stein.
VOTE: ALL VOTED AYE
BOARDS AND COMMITTEES:
54. Consumer Affairs Committee -- Vacancy -Announcement --
Discussion and possible action
(See page 19)
H
F-J
18
10/23/85 v"
/vdw
SYNOPSIS OF ACTION:
Mayor Kravitz announced a
vacancy for this committee.
Agendized by consent (See pages 2 & 18)
Mayor Kravitz announced a vacancy on the Consumer Affairs Com-
mittee.
56. Engineering Department - Purchase of Safely Shoes -
Discussion and possible action
SYNOPSIS OF ACTION:
APPROVED increase to City
Engineer's budget of $160
to purchase safety shoes
Agendized by consent (See page 2 )
V/M Massaro MOVED the ADDITION to the Engineering Department's bud-
get in the amount of $160 to Account #001-155-515-291 titled Safety
Equipment and Wearing Apparel in order to provide money for the
safety shoes. SECONDED by C/M Munitz.
VOTE: ALL VOTED AYE
57. Sister City Program - Tem . Reso. #3836 - Discussion and
possible action to repeal this program
SYNOPSIS OF ACTION: RESOLUTION NO. 85-337 PASSED
REPEALED pursuit of Sister City Program
Agendized by consent (See page 2 )
Mr. Henning read Tem . Reso. #3836 by title.
Mr. Henning said a trip to Israel will probably take place Nov-
ember 11, and the next regular Council meeting will take place
after the trip is underway. The City Attorney stated Council
wanted it clear that this was not an official trip, that there will be
no City officials representing the City on the trip and that due to
a number of circumstances which have developed, Council is not in a
position to pursue a Sister City relationship at this time. He
said the repealed resolutions are in regard to Givatayim and Kiryat
Tivon.
C/M Stein MOVED the ADOPTION of Temp, Reso. #3836 repealing the
Sister City Program and the trip to Israel. SECONDED by C/M
Munitz.
VOTE: ALL VOTED AYE
58. Acceptance of Two--(2) DER Grants - Discussion and possible
action
SYNOPSIS OF ACTION:
HELD for afternoon session (See page 34)
Agendized by consent bd Page 13
V/M Massaro requested that this item be held over for the afternoon
session to allow the City Attorney time to review the information.
Mayor Kravitz recessed the meeting at 11:57 p.m.
Tape Mayor Kravitz reconvened the meeting at 1:35 p.m.
5
ROLL CALL:
COMMUNITY DEVELOPMENT
34. Colonv West Associates - Rezonin Petition #3-Z- 5 -
em Ord 69 - Discussion and possible action to
rezone the Shops of Tamarac Shopping Center (platted as
Colony West Shopping Center) (less the lands and building
19
10/23/85
/vdw
owned by Broward County for a Library) from B-1 (Neighbor --
hood Business) to B--2 (Planned Business). Second Reading.
(Public Hearing held 3/13/85) (tabled from 7/29/85)
SYNOPSIS OF ACTION:
TABLED for review by the
Beautification Committee of land-
scaping plans and then to return
to Council
C/M Gottesman read Temp. Ord. #1169 by title.
Barry Eden, attorney for the petitioner, reported that he had met
with C/M Gottesman at the shopping center and discussed some of the
problems that Council felt should be reviewed as requested at the
Council meeting in March. Mr. Eden said, based on that meeting,
there has been an agreement as to certain items that will be done
which should satisfy additional parking and help the main entrance.
C/M Gottesman referenced a letter from Mr. Eden in which he ad-
dressed the rezoning and the action he intended to take to improve
the parking situation. C/M Gottesman said Mr. Eden has agreed to
widen the middle entrance on McNab Road to a width subject to ap-
proval by the City Planner, install stop signs at the middle
entrance, replant trees removed where the three additional parking
spaces will be added on the east and west sides of the parking lot,
restripe the parking spaces, and place "No Parking" fire lane signs
around the library building. He said the work will be completed
within ninety (90) dayi'-bf the rezoning approval to B-2.
Mr. Rubin, Consultant City Planner, reported that the parking is
very tight and the developer's willingness to widen the entrance
and installation of stop signs, etc., would help the situation.
V/M Massaro said the developer should also be required to present
his plan to the Beautification Committee and comply with the
current beautification requirements because most of the beautifi-
cation of that area has been destroyed with time. She said the
shopping center should be upgraded and did not feel that any privi-
leges should be given until whatever is lacking there is corrected.
The City Planner said there appeared to be three areas of concern
to Council:
1. Beautification Review for upgrading the plans
2. List of signs and entrance details
3. Addition of six (6) parking spaces
C/M Gottesman replied that as liaison to the Beautification
Committee he concurred with the Vice Mayor and directed Mr. Eden to
meet with the Beautification Committee.
Mr. Eden clarified that there were five (5) sabal palm trees
located where the parking spaces will be. Mr. Eden replied that he
was not going to relandscape the entire shopping center but he was
willing to move the trees to a location that the Beautification
Committee felt appropriate. He stated that there is a full-time
maintenance man employed there, which very few shopping centers
have, and things are maintained but stressed that they could not
afford to meet today's Code when the shopping center was built in
1973. He said he has not heard any complaints about the center's
landscaping during its ten-year existence and added that the trees
have been pruned as they are every two years.
Mr. Eden said he did not mind the item going to Beautification but
that he just wanted to finalize it because it has been pending
since March. C/M Gottesman answered that a large portion of that
delay was due to Mr. Eden not being available for the item to be
heard.
C/M Gottesman MOVED to TABLE to allow item to go before the Beau-
tification Committee and their comments to be presented to Council
at a future meeting. SECONDED C/M Stein.
VOTE: ALL VOTED AYE
20
10/23/85
/vdw J
VOTE•
ALL VOTED AYE
35. NW57Street - S-Curve at Commercial Boulevard - Discussion
and possible action on:
a) Developers Agreement
b) Acceptance of Declaration of Covenants and Restrictions --
Temp. Reso. #3784 (tabled from 10/9/85)
c) Vacation of a portion of NW 57 Street right-of-way,
Petition #3-V-85 - Temp, O,rd..#1215. First Reading.
(tabled from 10/9/85)
SYNOPSIS OF ACTION:
TABLED to special meeting
on 10/28/85
Mr. Rubin said over the last few weeks the applicant has worked
with staff to come up with a developer's agreement that would be
acceptable to the City.
The City Attorney said the agreement was distributed yesterday and
there was discussion about revisions to the agreement on one of the
pages; however, he stated that he has talked with Mr. Brady and he
has agreed to the terms. Mr. Henning said the Vice Mayor has
requested that it be submitted in written form before discussion by
Council.
Mr. Jim Brady said their time constraints, as explained before to
staff, are that if they do not have this meeting so they can move
to the second reading Council can still deny the petition if they
do not do what they have agreed to. Mr. Brady said the question
was whether or not he would bring back in a typed format that which
he specifically agreed to say.
V/M Massaro asked Mr. Brady when needed this item concluded.
Mr. Brady answered that his contract expired November 15. V/M
Massaro MOVED to TABLE the item to a special meeting. Mayor
Kravitz said he would and announce the time and date for the
proposed special hearing. Mr. Rubin asked if Council was also
authorizing the City Clerk's Office to advertise for a second
reading on the 13th. Mayor Kravitz said not until he gives the
date for the first reading. SECONDED by C/M Stein.
VOTE: ALL VOTED AYE i'`
36. Mobil Oil Corporation - Discussion and possible action on:
a) Rezoning Petition #12-Z-85 - Temp_ Ord. #1219 - Rezoning
of lands at the southwest corner $f Commercial Boulevard
and State Road 7 from B-1 (Neighborhood Business) to B-3
(General Business). Second Reading. (Public hearing held
9/26/85)
(1) Acceptance of Affidavit of Publication and Affidavit
of Posting
(2) Consideration of application
b) Acceptance of Declaration of Restrictive Covenants -
Tem . Reso. #3768
(tabled from 9/26/85)
SYNOPSIS OF ACTION:
TABLED for a signed Declaration.
b) Mr. Henning stated there was a draft of Restrictive Covenants and
asked Mr. Allsworth if any one had signed it or was authorized to
sign it. Mr. Allsworth replied that it was in Fairfax, Virginia
for signature. V/M Massaro said Council could not act on it since
they have not received the signed document. Mr. Allsworth said
the form has been approved by everybody but was subject to being
recorded. V/M Massaro MOVED to TABLE the item to the proposed
special meeting. SECONDED by C/M Stein.
V TE: ALL VOTED AYE
21
10/23/85
/vdw
GENERAL, ADMINISTRATIVE/FINANCIAL
9. Waste Management, Inc. - Temp.-Reso. #3781 -- Discussion
and possible action to approve the Second Addendum to the
contract for residential and condominium garbage collection
(tabled from 10/9/85) .
SYNOPSIS OF ACTION:
APPROVED AS AMENDED RESOLUTION NO. 85-338 PASSED
Mr. Henning read Temp. Reso. #3781 by title (revised 10/8/85).
V/M Massaro said that at the last meeting she asked that this item
be tabled for review and reported that she has reviewed and
discussed this matter with the Waste Management Company whereby it
was determined that the $.57 was a proper number for the single-
family units but that all multiple family or condominiums be rated
at $.39 per month rather than $.57.
Mr. Allsworth said the Vice Mayor spoke with Mr. Ed Johnson,
supervisor at Waste Management, and confirmed for Council that
Mr. Johnson had advised him that it was satisfactory to place those
figures into the contract.
Mr. Henning said the addendum reads that there is a price of $6.01
and $3.02 so the $6.01 will remain the same and the $3.02 will be-
come $2.84. He said the contract reflected a change in the tipping
charges from $22 per ton to $25 per ton and it is a pass through of
the charges to the City. V/M Massaro said the increases were ef-
fective October 1, 1985. The City Attorney recommended approval
of the new rates and informed that at Council's next meeting they
will have on for discussion what percentage of these figures should
be passed on to the homeowner as discussed at the budget hearings.
V/M Massaro MOVED the ADOPTION of Temp. Reso. #3781 and the amounts
indicated by Mr. Henning are to apply on this contract.
SECONDED by C/M Stein.
VOTE: ALL VOTED AYE
COMMUNITY DEVELOPMENT:
37. Pebb Plat - Discussion and possible action on:
a) Plat - Temp. Reso. #3827
b) Development Order - Temp. Reso. #3828
c) Water Retention Agreement
d) Development Review Agreement
Tape e) Sidewalk Bond Agreement
6 (located at the southwest corner of University Drive and
McNab Road)
SYNOPSIS OF ACTION:
a) APPROVED AS AMENDED RESOLUTION NO. 85--342 PASSED
b) APPROVED AS AMENDED RESOLUTION NO. 85-343 PASSED
c) APPROVED
d) APPROVED
e) APPROVED
Mr. Henning read TemR. Reso. #3827 by title.
Mr. Rubin said the applicant wishes to plat parts of land on the
southwest corner of University Drive and McNab Road; he said the
size of the property is .9072 acre -- just less than an acre and
is zoned B-5 which is Professional Offices. The City Planner said
the property is surrounded by Concord Village and is properly zoned
and the developer has not come in with a site plan yet. He said
staff has reviewed the proposal and recommended approval of the
plat and also requested Council's acceptance of the water retention
agreement and payment of fees in the amount of $1,088.50,and drain-
age improvement fees in the amount of $80.86.
V/M Massaro said there is also a cash bond for the sidewalk.
Assistant City Clerk said she was in receipt of a cash bond in the
22
10/23/85
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b)
1
amount of $2,376.00. Mr. Rubin said the amount stated by the
Assistant City Clerk represented 100% the cost of the sidewalk
bond, and that after further discussion with the City Engineer it
was advised that if it would take one to two years to build the
sidewalk then that bond amount would not be sufficient and recom-
mended raising it by 10% and the proper bond should be $2615.00.
Mr. Dan Oyler stated that he called two days ago requesting the
check amount and was not advised of this and asked for Council's
approval subject to him providing a new check amount by Friday to
cover the balance. Mr. Oyler explained that their bond agreement
is for a duration of one year and expressed confidence that it will
be built within the one year and did not see the necessity for the
additional 10%. He said the City will not end up building it and
this was just to secure the fact that they will build it.
V/M Massaro asked what the agreement specified about the time
element. Mr. Rubin answered, although Mr. Oyler would like to see
it built within one year, the agreement does not state that. He
read, "The developer covenants that upon the commencement of con-
struction of improvements of the property as per site plan approved
by the City are one year from the date of the recording of the Pebb
Plat" which could be two years away.
V/M Massaro asked in the bond agreement, paragraph 2, if this
correction was reflected on the original. Mr. Rubin said Mr. Oyler
suggested that the language read "or one year from the date of City
Council's approval of the Pebb Plat" which would be today's date,
and, therefore, one year would be all they are allowed and 100%
bond would be sufficient. V/M Massaro said she liked the new
language because it limits them. Mr. Oyler said he accepted the
new language on behalf of his client and acknowledged that he is
not authorized to initial the change but can take the signed copy
to them and have it initialed and back by Friday.
C/M Gottesman inquired of Mr. Oyler if he anticipated a problem
with parking, etc., with such a limited amount of land zoned for
General Offices. Mr. Oyler said they have a big problem with that
site and right now they are negotiating with a bank. He said he
has preliminary sketches which will be finalized and, hopefully,
submitted to the City within the next two months.
Mr. Rubin summarized that if the applicant agrees to the revised
language no additional bond will be required as 100% would be
sufficient. V/M Massaro MOVED the ADOPTION of Tem Reso. 13827
approving the resolution for the plat entitled Pebb Plat with the
amendment to the bond agreement which shall read that "The devel-
oper covenants that upon the commencement of the construction of
improvements on the property as per a site plan approved by the
City, or one year from the date of City Council approval of the
Pebb Plat", which is today, subject to receipt of the signed
agreement by Friday, October 25, 1985. SECONDED by C/M Stein.
VOTE:
A. Lb VOTED AYE
Mr. Henning read Temp- Reso. #3$2g by title.
V/M Massaro said the conditions outlined by the City Planner will
have to be incorporated in the resolution.
agreement to all the conditions on the report Oyler stated
The City Attorney said the resolution should be amended to provide
the requirements as indicated in the minutes of the Planning Com-
mission from October 2, 1985, item 8 as follows:
1. Sroward County Traffic Department to issue permit for
opening on McNab Road
2. Within one (1) year from October 23, 1985, the date of
City Council approval, the applicant is to pave the 8-
foot bike path; and
3. Petitioner is to meet with Sroward County Traffic Depart-
ment to determine if a 2-foot additional right-of-way is
required.
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10/23/85
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V/M Massaro MOVED the ADOPTION of Temp .__Resos___#3828 with the ad-
ditional conditions as read into the record by the City Attorney.
SECONDED by C/M Gottesman.
VOTE: ALL VOTED AYE
Tape V/M Massaro MOVED the APPROVAL of the water retention agreement as
6 submitted. SECONDED by C/M Gottesman.
c) VOTE: ALL VOTED AYE
d) V/M Massaro MOVED the APPROVAL of the development review agreement
as submitted for Citicorp Savings of Florida. SECONDED by C/M
Stein.
VOTE: ALL VOTED AYE
e) V/M Massaro MOVED APPROVAL of the bond agreement AS AMENDED and to
be submitted in final form no later than Friday, October 25, 1985
(see a). SECONDED by C/M Gottesman.
VOTE: ALL VOTED AYE
PUBLIC HEARINGS - 2:00 P.M.
27. Dinerstein Builders -- Rezoning Petition #18-Z-85 - Temp. Ord.
#1212 - Discussion and possible action to rezone
the proposed site for the cabana and pool area for Boardwalk
Apartments on the north side of NW 61 Street between NW 84
Terrace and NW 88 Avenue from R--4A (Planned Apartments) to
S-1 (Open Space/Recreation). Second Reading.
a) Acceptance of Affidavit of Publication and Affidavit of
Posting
b) Consideration of application
SYNOPSIS OF ACTION:
a) Affidavits accepted ORDINANCE NO. 85-50 PASSED
b) APPROVED Temp. Ord.
#1212 on Second Reading
Nr. Henning read Temp. -Ord. #1212 by title.
a) Assistant City Clerk Barbuto acknowledged receipt of Affidavits of
Publication and Posting. C/M Gottesman MOVED to ACCEPT affidavits.
SECONDED by C/M Stein.
VOTE: ALL VOTED AYE
b) Mayor Kravitz opened the public hearing. Hearing no response from
the public, the Mayor closed the public hearing. V/M Massaro MOVED
the ADOPTION, on SECOND AND FINAL READING, of Temp. Ord. #1212.
SECONDED by C/M Munitz.
VOTE:
ALL VOTED AYE
28. Dinerstein Builders - Rezoning Petition #19--Z-85 -
Temp_._Ord. 41213 - Discussion and possible action to rezone
the proposed site for the clubhouse for Boardwalk Apartments
on the south side of NW 61 Street between NW 84 Terrace and
NW 88 Avenue from R--4A (Planned Apartments) to S-1 (Open
Space/Recreational). Second Reading.
a) Acceptance of Affidavit of Publication and Affidavit of
Posting
b) Consideration of application
SYNOPSIS OF ACTION:
a) Affidavits accepted ORDINANCE NO. 85-51 PASSED
b) APPROVED Temp. -Ord.
#1213 on Second Reading
Mr. Henning read Temp. Ord. #1213 by title.
1
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a) Assistant City Clerk Barbuto acknowledged Affidavits of Publication
and Posting. C/M Gottesman MOVED to ACCEPT affidavits. SECONDED
by C/M Stein.
VOTE
ALL VOTED AYE
b) Mayor Kravitz opened the public hearing. Hearing no response from
the public, the Mayor closed the public hearing.
C/M Stein MOVED the ADOPTION of Temp. Ord_. #1213. SECONDED by
V/M Massaro.
VOTE:
ALL VOTED AYE
29. Sewer Use Procedures and Charges - Temp. Ord. #1216 -
Discussion and possible action to amend Chapter 27 of the
Code pertaining to rates and charges, service, billing, new
development and wastewater discharge standards. Second
Reading. (This ordinance is necessary in order to receive
Water Pollution Control construction grants from the U.S.
Environmental Protection Agency and the Florida Department
of Environmental Regulation).
SYNOPSIS OF ACTION:
a) APPROVED ORDINANCE NO. 85-52 PASSED
b) APPROVED Temp. Ord.#1216
on Second Reading
Mr. Henning read Temp. Ord. #1216 by title.
Mr. Henning said there were two aspects to sewer provisions in the
Code: one aspect is the rates accomplished by a rate resolution
which is presented as a separate item on the agenda and also the
standards or rules in establishing the sewer system and the
requirements on the users. The City Attorney said some, if not
all, are grant requirements.
Mayor Kravitz opened the hearing to the public. Hearing no re-
sponse, Mayor Kravitz closed the public hearing.
V/M Massaro MOVED the ADOPTION of Temp. -Ord. #1216 on SECOND AND
FINAL READING. SECONDED by C/M Gottesman.
VOTE:
ALL VOTED AYE
V/M Massaro said it was necessary to implement this ordinance im-
mediately because within it Section 27-34 requires that those who
have other than sewer service with the City have to connect up
within ninety (90) days and the City's grant will be in jeopardy
if this is not complied with. She said there are areas within the
City that are not connected to the sewer system.
30. Tamarac Utilities West - Temp. Reso. #3814 - Discussion
and possible action to establish and modify the minimum
availability service charges for commercial users with meters
in excess of 2-inches, to revise the contribution -in -aid of
construction charges (developers' impact fees), and to estab-
lish a waiver provision for water meter deposits for fran-
chise holders and utility companies. (These amendments
pertain to customers west of State Road 7).
SYNOPSIS_ OF_ ACTION:
APPROVED AS AMENDED
RESOLUTION NO. R-85-347 PASSED
Mr. Henning read Temp. Reso. #3814 by title.
Mr. Henning reported that on September 30th or 27th Council had
public hearings regarding the new sewer rates and explanations
were given whereby a rate resolution was passed. He said Council
asked the staff to address some of the rates and issues presented
and it was revisited resulting in some amendments. Mr. Henning
recalled that the resolution does not affect any of the consumers
25 10/23/85
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once they are hooked up for the single-family homes. He said the
minimum service charge as indicated was reduced a little over a
dollar and remained as it was from a few weeks ago. The City
Attorney said two-thirds of an ERC was used as a guideline for
some multi -family apartments based on the connection charges and
65% of an ERC as a factor instead of 67.7 which is virtually the
same. Mr. Henning said they were eliminating the fixture unit
count and the chart that they have been referring to of the South
Florida Building Code for any new contracts signed and that all
apartments that are multi -meters will use the .65 ERC's per
apartment.
The City Attorney said the charges for commercial users have been
altered slightly under subsection "d" and will be decreased by a
few cents. He said they are using special agreements and consi-
derations for the large meters over 2" acknowledging that there are
only a few of those in the City. Mr. Henning said the new rates
will primarily affect the commercial user and also slightly affect
the developer because the minimum service availability charge does
equal the guaranteed revenue rate which will be reduced by approxi-
mately 12%.
Mayor Kravitz opened the public hearing. Hearing no response from
the public, the Mayor closed the public hearing.
V/M Massaro felt the City was injuring itself by the service
availability charge because no one pays that small amount but it
is just a number that is established as the absolute minimum.
However, she said when there is a reduction of the minimum, there
is also a reduction in the amount people pay for encumbering the
services for which the City has to spend money in order to provide
the service. The Vice Mayor said the City will be losing money
by it and asked Mr. Greenwood if he had taken that thought into
consideration.
Bill Greenwood, Utilities Director, replied that on the minimum
service availability charges James M. Montgomery, Consulting Engi-
neers performed the study for the City and the proposed resolution
was prepared in accordance with their report which has been
adopted. He said on the standby charges there were a lot of in-
equities within the old rates; however, the overall income to the
City will be increased to cover the actual expenses of the City.
Mr. Greenwood said that particular category is down, however; to
keep everything justified on the same base, it is a legitimate
charge which can be backed up by documentation which is in the
report.
Mr. Henning said he had been told that the City receives approxi-
mately $50,000 per year in revenues for guaranteed revenues and
those are from developers who are behind schedule in their develop-
ment and are paying for connections that have not yet been metered.
He said it appeared that there would be a 12% reduction in that
revenue from approximately $50,000 to approximately $30,000. The
City Attorney said there may be an increase in the connection
charges and consumption charges, and the dollars that would be lost
from guaranteed revenues would be made up in other areas. Mr.
Greenwood concurred.
The Utilities Director stated that under the user charge regula-
tions of the State, they cannot start setting up separate cate-
gories and classifications such as residential paying one fixed
fee to cover the fixed cost of the city and another one for
commercial, etc., because everything has to be in the same cate-
gory. He said the main category that has been set is related to
the consumption of a single-family residence and it just happened
that the developers who are paying it will be getting a 12% overall
decrease.
V/M Massaro said she viewed it as upsetting the entire rate struc-
ture and suggested that it be left alone and approved. V/M Massaro
MOVED to APPROVE Temp. Reso 14. SECONDED by C/M Stein.
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Bill Greenwood said he had revisions to page I-D, Commercial -
Water, the 1 1/2" and 2" meter classification should be combined.
He said the 71.24 should be changed to 71.85 and subsection H, on
page 5, delete from "Reimbursements" through the words "weekends
and holidays" because the K insert covers those charges. V/M
Massaro MOVED the APPROVAL of Tem . Reso. #3814 AS AMENDED on
Page 1, subsection D Commercial - Water.71.24 becomes 71.85 for a
1 1/2" meter and the same amount, 71.85, for a 2" meter and also
on page 5, eliminate subsection IL in its entirety through the words
"weekends and holidays". SECONDED by C/M Stein.
VOTE : ALL VOTED AYE
Mr. Barry Eden asked the City Attorney for clarification as to when
the proposed rates would take effect.
Mr. Henning said the water bills are payable after service in
arrears and the guaranteed revenues are payable in advance and the
effective date reads in Section III that "This resolution shall
become effective immediately upon adoption" except the rates as
they apply to the guaranteed revenues due under existing water and
sewer developers' agreements should become effective November 1.
Mr. Henning stated that the rates would t L.
a e effect October 1.
38. Belfort - Revised Site Plan - TemiD. Reso. # 82g -
Discussion and possible action on a revised site plan for
sidewalks and revised setbacks.
SYNOPSIS OF ACTION:
APPROVED with conditions RESOLUTION NO. 85-344 PASSED
Mr. Henning read Tem Reso. #3829 by title.
Mr. Rubin said Belfort has, at the request of the administration,
submitted a plan showing additional sidewalks in the project to
provide greater walking safety from the individual residences to
the clubhouse. He said the sidewalks are in addition to the re-
quirements of the City Code and staff endorsed the change and
recommended its approval. Mr. Rubin said he also modified one
building but the setback is still in compliance with the Code,
which is 20-feet.
V/M Massaro MOVED the APPROVAL of the site plan which has been
submitted subject to the applicant's installing the asphalt six
inches above the asphalt pavement and ramping at end of each
sidewalk. SECONDED by C/M Gottesman.
VOTE:
AJIL VOTED AYE
39. Kin s Point Professional Plaza - Revised Site Plan -
Temp. -Res . #3 30 - Discussion and possible action on a
revised site plan for model alteration.
SYNOPSIS OF ACTION:
APPROVED RESOLUTION 85-345
PASSED
Mr. Henning read Temp._Reso 13-830 by title.
Mr. Rubin said the revised site plan is still within the roof
structure and will require that a wall be moved about 5 feet but
still not into a setback area and staff recommended that Council
approve the revision. V/M Massaro noted that even with the ad-
dition they are 22 1/2 feet from the canal which is 1 1/2 feet
more than Code. V/M Massaro MOVED the ADOPTION of Tem P. Rego.
#3830. SECONDED by C/M Stein.
VOTE: ALTj VOTED AYE
GENERAL ADMTNTSTRATIVE FINANCIAL
21. Florida Le iue of Cities - Discussion and possible action
on payment in the amount of $1053.83 for the City's annual
dues and membership fee for Fiscal Year 1985/86 (tabled from
10/9/85)
27
10/23/85
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SYNOPSIS OF ACTION:
TABLED to next regular meeting
ALL �TED AYE
General Leabilit Insurance
to waive the bidding` Discussion and possible
coverage effective November les and to purchase this
SYNOP IS OF ACTION; • 1985
APPROVED
action
Ms. Deutsch stressed the
reported that she attended rthecy rt obtaining insurance. She
Mayor Kravitz and one of the member cities had
Northwest Council of Mayors with
did not receive any bids; she asked that
C/M Gottesman MOVED to l waive
out to bid and
WAIVE the biddingCouncil waive the bedding.
obtain liability insurance. requirements
replace all coverage Ms. Deutsch said this would bedto to
SECONDED b g which has not been renewed this
Y C/M Munitz. year.
V/M Massaro asked Ms, Deutsch how
League of Cities affected the Cit participation in the Florida
process. Ms. Deutsch answered theta waiving of the bidding
one of the many contacts that she hasha Florida League of Cities is
is not in the biddin PProached in the market that
rance from them g Process but she would be glad to obtain insu-
. if possible.
VOTE:
LEGAL AFFAIRS
33.
Ms. Judith Deutsch, Actin
Joyce Case, Director of Insuranceforformed her that of a said she spoke with
League he Cities the city does not participate in the gFlorida
uer who in-
formed said the City Y cannot be a member Of their pool and has Y Presently has Worker's Compensation through
had that since 1978. in a position Ms.to sign with the League
said the City also ma
City is not a member, the g for liability, and if they be
liability pool. Y may be precluded from
Joining their
V/M Massaro requested that
Couci
MOVED that this item be TABLEDntolthe next re ula
give it more consideration and
SECONDED by C/M Gottesman. g r meeting.
VOTE:
14.
ALL VOTED AYE
Federation of Public
action on a re 10 ees - Discussion and possible
Federationfor the
quest by George H. Tucker, attorney
' which represents one of the Tamarac eployees
bargaining units, to ot• '
reopen certain contract ne
(tabled from 5/8/85) . g a ations
SYNOPSIS OF ACTION:
TABLED for further
research
Mr. Tucker, attorney, stated that this item was tab
pending Councilis listening to the collective bargainingdon May 8
V/M Massaro said it tapes.
the tapes as soon astheythat Council would listen to
Council has been under Y were able to but with the
Opportunity she doubted whether an pressure
ed at unisytto listen. She suggested that thisitemnotabehre an
ready to address it.
Massaro MOVED to TABLE item until Councilis
Mr. Tucker stated that this issue
7 1985 involves the largest was addressed back iJanuary
explained that he directedletterstop allethexCouncil
and he appeared before city. He
Council make the time asCquncklyrasMPossible to listen t January
Y Mr. Tucker requested that
so that the issues can be resolved. SECONDED b to
the tapes
VOTE: ALL VOTED AYE Y C/M Stein,
W
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GENERAL ADMINISTRATIVE/FINANCIAL
19. Devela ment Review/Engineering Permit Fees - Discussion and
possible action on:
a) Amendment of site plan submission and review fees as set
forth in Resolution 79-137 - Tem . Reso.#3817
b) Amendment of engineering improvement permit fees as set
forth in Resolution 79--138 - Temp. Reso. #3818
c) Amendment of an -site and off -site engineering inspection
fees as set forth in Resolution 79-139 - Temp_. Reso.
#3819
d) Amendment of plat filing and checking fees as set forth in
Resolution 79-216 - Temp. Reso. #3820
SYNOPSIS OF ACTION:
a) APPROVED RESOLUTION NO. 85-339 PASSED
b) REMOVED
c) APPROVED as amended RESOLUTION NO. 85-340 PASSED
with conditions
d) APPROVED RESOLUTION NO. 85-341 PASSED
a) Mr. Henning read Tem . Reso. # 817 by title.
Mr. Henning said this resolution reflected a 10% increase in the
fees. C/M Stein MOVED the ADOPTION of Temp. Reso. #3817.
SECONDED by C/M Gottesman.
VOTE•
b) Mr. Henning reported that he
Tem Reso. #3818 because it
V/M Massaro MOVED the REMOVAL
by C/M Gottesman.
ALL VOTED AYE
was requested by Engineering
was a duplicate of 19 c).
of Item 19, subsection b).
VOTE: ALL VOTED AYE
c) Mr. Henning read Temp. Reso. #3819 by title.
to delete
SECONDED
C/M Stein MOVED the ADOPTION of Temp. Reso. #3$19. Mr. Henning
said some of the fees are based on flat rates and some on percen-
tages and the Engineering Department has recommended an increase
of the flat rates and percentages. C/M Munitz SECONDED.
V/M Massaro said, generally, when there is a recomputation of fees,
the fees are required to be certified. C/M Stein AMENDED his
MOTION to include the adoption subject to recomputing for certifi-
cation. The City Attorney said a provision should be added that
the fees that are estimated by the developer be certified by the
applicant's engineer when the project is completed.
VOTE: ALL VOTED AYE
d) Mr. Henning read Temp. Reso. #3820 by title.
V/M Massaro MOVED the ADOPTION of Temp. Reso. #3820. SECONDED
by C/M Gottesman.
VOTE: ALL VOTED AYE
55. EPA Treatment Review on DPA Projects - Deep Injection Well -
Discussion and possible action
SYNOPSIS OF ACTION:
AUTHORIZED Dr. Gerry Foess of CH2M Hill
to make formal request for a variance to
EQCB at a cost not to exceed $1,000.00
Agendized by consent on page 2
Mr. Bill Greenwood, Director of Utilities, gave an update on the
status of the five grants applied for by the City, of which two
29
10/23/85
/vdw
have been received and accepted. He said they are also
Of two additional grants: one is on the NW Force Main and
Station for in receipt
$512,738 and the other grant offered is on the Plu Dewatering and Composting project of $896 000.
Utilities noted that these two rants ' The n with orlo Sludge/
previous grants, total grants of in conjunction with the two
the total project costs; he said $1,673,340, representing 33% of
out of five. Y have been successful on four
Mr. Greenwood said the topic for today pertained to the de
in-
jection well which will be located on Land Section 7 an deep ha particular grant, the City has been u d for that
however, the City was notified that theredwereonohfundsdavae List;
He said staff has been trying to find alternate available.
financing through the State and/or the Federal Governmentof
deep injection wells and there were indications of two t far the
ties: one was pursuing advanced treatment through EPA a
would be possibili-
an additional going
grant money from the State which would drequirer Pplication@ Mr, Greenwood reported that the
Possibilities are still classified as ver
Utilities Director reported there Y, very slim. The
were s
ing to a variance request with EQCBome ramifications pertain -
Dr. Gerry Foess, Consultant/CH2M Hill
deep well injection construction Project,
supervisor for the
two possibilities for P 3 reported that there were
(1) residual State funds
for the injection well:
2Federal pfunds
He said thechancesofgetting State funds depends on the outcome
of a dispute that is ongoing between Cooper City,
City of Lakeland. Dr. Foess explained that if Lakeland and the
dispute, some monies would be freed u wins the
win the dispute, they may get the money and if Davie/Cooper City
funds left. He said he was told that hendispute could od there would be sno
i
be resolved, at the earliest, b Possibly
could be appealed which could take esix smonths ato after that a the outcome. Dr. Foess added that the chances of getting
from that source are slim to begin with. year to learn
money
He said the second possibility are Federal Grant funds an
to get those the City must undergo an Advanced Treatment
which is required because they view the deep injection d in order
as
being a substitute for advanced treatment. Dr. Foess Review
treatment would be required if the at 3 txon well dv
said advanced
the golf course lake. He said the chancesnofnpassin ued to discharge rev to
which determines if the applicant is worthy of funding, He said the State is pursuing an AT Review because t g at review,
the City does have a case; a are slim.
likely, however, the State informedYthatlithis
to be next spring before there is any outcome.
Dr. Foess explained that time is a factor because the City
under a stipulation with Broward County to have a deep
ll in
place by July 31, 1986 is
City would have to file andextension to er to thebvarianceat date e
are currentlyoperating , the
peratin under. He stated it would beimpossible
to wait to learn the outcome of Broward County deadline and the grant funding and still meet the
right now with its own funds on constructioncoflthe �deep proceed
go to Broward County and ask for an extension. P well or to
personal opinion is that Broward Count Dr. Foess said his
tension adding that he called them directlylandoaskednforhe ex -
extension but it depends on the vote of their Commission athe
nd
staff's recommendation to the Commission. the
He said he talked with
the staff and learned that they would be very reluctant t
extension; however, Dr. Foess said if the tto a with
grant an
C
the deep well under construction and asked for the extension
staff would probably grant the extension. the
City, the
e
Options are limited to going on their own ortaking thechance with
Broward County and applying for the extension of the
ant
V/M Massaro stated if the variance.
injection well the CityY were to start any work on the deep
in Foess agreed and said would become ineligible for the
Y had thought about starting grthes-
30
10/23/85
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project in the hopes that a decision on the grant funds would
come through but felt that decision was too far off to do the
City any good, and the other problem is that the bid specifi-
cations themselves differ if grant money is or is not involved.
He explained that there are special requirements included in
the specifications when there is grant funding is involved.
V/M Massaro asked if it was a reasonable thought to approach the
County and ask for an extension before doing anything. Dr. Foess
said he did not think they would look favorably at a request for
an extension.
C/M Gottesman asked much time would be involved if they did ask
for the extension. Dr. Foess answered if the application is sub-
mitted before the end of this week, there is a possibility of
getting on the November or December agenda and presumed that they
would rule on it at that meeting. In terms of the extension, the
City would lose at least a month's time and possibly lose the
goodwill of the County Commission.
V/M Massaro asked Dr. Foess to explain his statement as to the
possible loss of goodwill. Dr. Foess said the relationship be-
tween the City and the County Commission has improved over the
last year and for the most part, the presentations made by Bill
Greenwood before the Commission have been positively received.
Mr. Henning commented that as far as EQCB is concerned the City
has been before the Hearing Officer and the Board for extensions
of variances, and violations at the plant which are pending; he
said in his report he will announce upcoming hearings. The City
Attorney said he agreed with Dr. Foess in that Bill Greenwood
has made some very professional and excellent presentations before
the Commission.
V/M Massaro said if the City starts the project with their own
funds, there would be no possibility of receiving a grant.
Bill Greenwood, Utilities Director, recommended that CH2M Hill be
authorized to submit a variance request to the EQCB for November
and the fee charges would be $85.00 and fees for CH2M Hill not to
exceed $1000.00 for preparation and attendance before the EQCB.
Mr. Greenwood said at the same time CH2M Hill has been authorized
to continue preparation to put the project out for bids and they
will not do that within the next month.
V/M Massaro MOVED that Dr. Gerry Foess of CH2M Hill be AUTHORIZED
to make a formal request for variance to the EQCB and for his fees
for everything involved not to exceed $1000.00. SECONDED by
C/M Gottesman.
V/M Massaro asked Bill Greenwood how much time would he be request-
ing. Mr. Greenwood said they would have to explain to the EQCB
that they do not know because there are too many variables but it
would be approximately six months to a year. He said he felt that
the request will be denied and that if they get anything it will be
three months.
VOTE• ALL VOTED AYE
LEGAL AFFAIRS
31. ESM Liti ation - Discussion and possible action on:
a) Payment of invoice from Morgan, Lewis & Bockius in the
amount of $72,356.69
b) Payment of invoice from English, McCaughan & O'Bryan in
the amount of $346.23
SYNOPSIS OF ACTION:
a) TABLED with City Attorney directed to have
a representative from the firm come here to
meet with Mayor Kravitz to give him an update.
b) APPROVED English, McCaughan & O'Bryan invoice for
$346.23
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10/23/85
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Mr. Henning reported that three separate cases are being pursued,
one of which is the Bradford Trust in New York; he said the City
has saved thousands of dollars by going to New York and suing
Bradford there because the plaintiffs that were suing them in
Florida are being subjected to lengthy motions to dismiss, argu-
ments, research and appearances as to whether or not they were
allegedly doing business in Florida. The City Attorney said the
City had the Bradford Case, the Alexander Grant Case, and the ESM
Bankruptcy Case which are all related.
V/M Massaro said the present bill is only through August 7th. Mr.
Henning stated that if Council wanted a status report from Morgan,
Lewis & Bockius, they could have that. The City Attorney also
suggested that Council could appoint a liaision to go to Miami to
visit the firm and that he will accompany them. He said alterna-
tive fee arrangements could also be pursued because he felt that
this firm was cognizant of the budget which the City has placed
upon their services but felt that they needed to be reminded that
the City could not continue to have bills like this one every
month.
Mayor Kravitz stated the need for Council to have a report as to
what Morgan, Lewis & Bockius are doing, how much they expect the
City's fees to be, where the case stands today, and how much longer
will it take.
C/M Stein said Mr. Henning suggested determining how much this firm
will take on a contingency. Mayor Kravitz asked the City Attorney
to get Mr. Brown to come here to give a report either addressing
the Council or himself. C/M Stein MOVED to TABLE a). V/M Massaro
SECONDED. Mayor Kravitz asked if he would also include in the
MOTION to have a representative of the firm come in and he would
take care of it with the City Attorney and report back to Council.
VOTE: ALL VOTED AYE
b) C/M Stein MOVED the payment of the invoice from English, McCaughan
& O'Bryan.
Mr. Henning said this cost was a direct result of the sharing ar-
rangement; however, two of the cities backed out because they had
small investments whereby the City's percentage increased from 7.16
to 8.37%. He said he has indicated to the Finance Department that
the check should be made payable to Morgan, Lewis & Bockius who
will forward it to English, McCaughan & O'Bryan, and it was the
City's share of a $4100 bill. SECONDED by C/M Munitz.
VOTE• ALL VOTED AYE
32. City Attorney Professional Services - Discussion and possible
action on payment of Muller, Mintz, Kornreich,
Caldwell, Casey, Crosland & Bramnick, P.A., invoices for
non -pension related expenses (tabled from 9/26/85).
SYNOPSIS OF ACTION:
TABLED at the request of the
City Attorney to a future meeting.
Mr. Henning suggested that this item be tabled to a future
meeting.
V/M Massaro MOVED to TABLE the item. SECONDED by C/M Munitz.
VOTE• ALL VOTED AYE
GENERAL ADMINISTRATIVE/FINANCIAL
11. City Manager Position - Discussion and possible action
on this vacancy
SYNOPSIS OF ACTION:
TABLED
32
10/23/85
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V/M Massaro MOVED that the item be TABLED. SECONDED by C/M Stein.
1
1
1.1
VOTE
C/M STEIN AYE
C/M MUNITZ AYE
C/M GOTTESMAN NAY
V/M MASSARO AYE
MAYOR KRAVITZ AYE
12. City Planner Position -- Temp. Reso. #3816 - Discussion and
possible action to appoint Richard S. Rubin as City
Planner (currently part-time Consultant Planner).
SYNOPSIS OF ACTION:
TABLED to Special Meeting (10/28/85) to
allow Council additional time to research
the contract.
Mr. Henning read Temp. Reso. #3816 by title.
V/M Massaro MOVED to TABLE this item to the Special Meeting so that
Council has time to study the agreement. SECONDED by C/M Stein.
VOTE:
ALL VOTED AYE
Tape 59. Alan F. Ruf Invoice -- Discussion and possible action
8
SYNOPSIS OF ACTION:
Agendized by consent (See page 33)
V/M Massaro MOVED to agendize by consent Alan Ruf's invoice in the
amount of $1,330.45. SECONDED by C/M Stein.
VOTE: ALL VOTED AYE
60. Isles of Tamarac - Water and Sewer Agreement Default -
Discussion and possible action T
SYNOPSIS OF ACTION:
Agendized by consent (See page 33)
V/M Massaro MOVED to agendize by consent default of the water and
sewer agreement for the Isles of Tamarac. SECONDED by
C/M Stein.
VOTE: ALL VOTED AYE
59. Alan F. Ruf Invoice - Discussion and possible action
SYNOPSIS OF ACTION:
AUTHORIZED payment
Agendized by consent on page 33____
V/M Massaro MOVED that the invoice submitted by Alan F. Ruf for
legal work in the amount of $1,330.45 be APPROVED. She said the
departments to be charged are indicated in the interoffice memo
from the City Attorney. SECONDED by C/M Gottesman.
VOTE: ALL VOTED AYE
60. Isles of Tamarac - Water and Sewer Agreement Default --
Discussion and possible action
SYNOPSIS OF ACTION:
AUTHORIZED City Attorney to notify developer
that their contract is in default.
Agendized by consent on page 33___
Mr. Henning reported that since March of 1984 the guaranteed
33
10/23/85
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j
revenues have not been paid and the outstanding amount is
$18,596.90. He said the original connection charges were pur-
chased from Tamarac Utilities, Inc., at a cost under $400. The
City Attorney said there were 18 units that Mr. Glusman was inter-
ested in but no payment has been received by Finance; he said the
other units were transferred to either Florida National Bank or
Atlantic Bank. Mr. Henning said, regardless, the City still has a
contractual relationship with Midlo Development and they have been
selling the units and have not contacted the City as to the actual owner-
ship and the invoices have not been paid. V/M Massaro injected
that they have not notified the City of a change of ownership. The
City Attorney said with Council's authorization he will notify
them that the contract is in default.
V/M Massaro MOVED that Midlo Development be notified that their
contract is in default. SECONDED by C/M Gottesman.
VOTE: ALL VOTED AYE
58. ACCEPTANCE OF TWO, (2),DER GRANTS -- Discussion and possible
action
SYNOPSIS OF ACTION:
TABLED for a special meeting to allow
City Attorney to prepare necessary legislation
Agendized by consent on page 13,
(See Also page 19)
V/M Massaro referenced the October 23rd letter from Mr. Greenwood
indicating the City was in receipt of two grant offers from the
State of Florida Environmental Regulation Agency and he requested
that Council accept these offers in the form of a resolution as
soon as possible. Mr. Henning said the resolution was not pre-
pared. C/M Stein MOVED that this item be held over to the special
meeting or if necessary, Council will call an emergency hearing.
SECONDED by C/M Gottesman.
VOTE: ALL VOTED AYE
Mr. Henning said Council has five weeks from October 21st to
accept the grants.
50. City Attorney Report
Mr. Henning reported they are in the processing of screening the
underwriters for the TUW bond issue and announced a meeting on
Monday, 108/85, at 9:30 a.m. The City Attorney asked for a
special meeting on Wednesday, 10/30/85, in order to obtain
Council's direction in reference to the underwriters. Mr. Henning
said he would furnish Council with a ranking and the Committee's
recommendations.
The City Attorney announced that EQCB will meet tonight at the
Government Center and advised that the City has been asked to give
a presentation on progress since the variance was granted. He
stipulated that the variance expired October 1, 1985 and they would
not request an extension. Mr. Henning reported that the EQCB vio-
lations have been consolidated and will be heard on November 1,
1985 at Nova Law School. He advised that three additional viola-
tion notices will be forthcoming.
Mr. Henning asked for Council's direction on the petition regarding
the sewer plant. V/M Massaro replied that the Charter is clear and
no action is required.
49. City Attorney Report - No report.
48. City Council Reports --
Mayor Kravitz reminded Council of the BSO workshop scheduled for
October 30, 1985.
V/M Massaro cautioned Council to review carefully the
umbrella of the water service to Broward County.
34
10/23/85
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1
1M Gottesman - No report
C/M Munitz -� No report
C M Stein - No report
Mayor Kravitz adjourned the meeting at 4:10 p.m.
ATTEST:
4��Ci Y Clerk
This blic document was promulgated at a cost of $ 388.70or
$ 1 �� per copy to inform the general public and public officers
and employees about recent opinions and considerations b
Council of the City of Tamarac. Y the City
35
CITY OF TAMARAC
APPROVED AT MEETING OF
City Clerk
10/23/85
/vdw
J