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1985-11-13 - City Commission Regular Meeting Minutes
I r4 n 'c[pR�pP R.O. BOX 25010 TAMARAC, FLORIDA 33320 FIRST CLASS MAIL CITY OF TAMARAC CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY. NOVEMBER 13. 1985 CALL TO ORDER: 9:00 A.M. ANNOUNCEMENTS OF TIME ALLOCATIONS - MOTIONS TO TABLE - The Chair at this time will announce those items which have been given a specific time to be heard, and will entertain motions from Council members to table those items which require research. Council may agendize by majority consent matters of an urgent nature which have come to Council's attention after publication. PRESENTATIONS AND AWARDS 1. Employee Service Awards - Presentation by Acting City Manager Perretti of a ten-year pin to Mimi Reiter, City Manager's office, and a fifteen - year award to Nora Hoopes, Building Department. 2. Soviet Jewry Solidarity - Presentation by Mayor Kravitz of a proclama- tion designating November 19, 1985, as "Soviet Jewry Solidarity Day". 3. B'nai B'rith Women - Announcement of a proclamation to be presented by Mayor Kravitz designating November 18, 1985, as "B'nai B'rith Women Day". BOARDS AND COMMITTEES 4. Welcoming Committee - Temp. Reso. #3803 - Discussion and possible action to appoint one 1 member tabled from 10/23/85) 5. Investment Advisory Committee - Temp. Reso. #3859 - Discussion and pos- sible action to appoint five (5)�members. PUBLIC HEARING - 10:00 A.M. 6. Tamarac Utilities West - Temp. Reso. #3839 - Discussion and possible action to increase the "contribution in aid of construction" charge for future development west of State Road 7. (This increase will not affect existing customers of Tamarac Utilities West.) Also to be considered will be a waiver provision for water meter deposits for franchise holders and utility companies. CONSENT AGENDA 7. Items listed under Item #7, Consent Agenda, are viewed to be routine and the recommendation will be enacted by one motion in the form listed below. If discussion is desired, then the item(s) will be removed from the Consent Agenda and will be considered separately. 11/13/85 Pg. 3 Present. were made 11/13/85 pg. 3 Proc. was made 5 pg.3 Announcement was made 11/13/85 pg.3 APPROVED 11/13/85 pg.4 APPROVED 11/13/85 pgs. 3 & 4 (APPROVED A /13/85 pg6 APPROVED items a) through z) except p) & u) p) REMOVED & APPROVED U) REMOVED PAGE TWO _ 11 /13/85 a) Minutes of 9/19/85 - Tamarac Utilities East Budget Public Hearing (2:30 P.M.) - Approval recommended by City Clerk. b) Minutes of 9/19/85 - Budget Public Hearings (6:00 P.M.) - Approval recommended by City Clerk. c) Minutes of 9/26/85 - Regular Meeting - Approval recommended by City Clerk (tabled from 10/23/85) d) Minutes of 9/30/85 - Reconvened Regular Meeting - Approval recommend- ed by City Clerk. e) Minutes of 9/30/85 - Budget Public Hearings - Approval recommended by City Clerk. f) Minutes of 10/9/85 - Regular Meeting - Approval recommended by City Clerk. g) Minutes of 10/28/85 - Special Meeting - Approval recommended by City Clerk. h) Minutes of 10/30/85 - Special Meeting - Approval recommended by City Clerk. i) Minutes of 11/6/85 - Special Meeting - Approval recommended by City Clerk. j) Alan F. Ruf - Consulting City Attorney - General Services - 11/8/85 - $4,259.25 - Approval recommended by City Attorney. k) Alan F. Ruf - Consulting City Attorney - Municipal Prosecutor Ser- vices - 11/8/85 - $1,380.00 - Approval recommended by City Attorney. 1) Billing, Cochran & Heath, P.A. - Special Counsel - Saito vs. City of Tamarac - 10/17/85 - $1,322.10 - Approval recommended by City Attorney. m) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - Approval to pay the following invoices as recommended by the City Engineer/ Utilities Director: 1) Invoice 1710-9, Statement 4 - $6,211.85 - Tamarac Lakes Gravity Sewer Project 84-5. 2) Invoice 1710-21, Statement 2 (Final) - $337.75 - Tamarac Park Water Main Extension Project 85-12 n) James M. Montgomery, Consulting Engineers, Inc. - Invoice 56593 - 9/11/85 - $45.75 - Wellfield/Fuel Storage Tank Project #85-7 - Approval recommended by City Engineer/Utilities Director. o) CH2M Hill - Consulting Engineer - Invoice 09-454 - 9/16/85 - $163.02 - Utilities West Revenue Bond Feasibility Study Project 85-16 - Approval recommended by City Engineer/Utilities Director. p) Richard S. Rubin - Consulting City Planner - Services for October, 1985 - $4,685.14 - Approval recommended by Chief Building Official and City Manager. q) Touche Ross & Co. - Auditor - Invoice 2552 - 10/16/85 - $5,000.00 - Progress billing for Fiscal Year 1984/85 - Approval recommended by Finance Director. u 1 I Ll 1 PA, 1 r) Florida Testing & Engineering Co. - Three invoices totalling $770.00- Account 434-508-597-327 - Sanitary Sewer Rehabilitation Grant Project 84-4 - Approval recommended by City Engineer/Utilities Director. s) Cin-Mar Protection Systems, Inc. - Approval to refund a cash burglar alarm bond in the amount of $150.00. t) TUW - Approval to go to bid for the following items: 1) Electronic Flow Meters 2) Fabrication of Jet Rodder 3 5-ton Crane 4 Gas Detectors u) TUW - Approval to waive bidding procedures and purchase the follow- ing equipment under State contract: 1) 2-1/2-ton truck for crane 2) 1-ton flat bed truck 3) 3/4-ton pickup truck with utility body and radio v) Lake Colony (Brookwood Gardens) - Status of traffic light bond - Approval to extend the tabling action to a future meeting. w) Tract 27 ground water storage tank landscaping plan - Approval to remove this item from the agenda until a future date. x) Contract with Richard S. Rubin, Consultant Planner - Approval to remove this item from the agenda. y) City Departmental Reorganization -.Confirmation of Larry Perretti as General Services Director/Assistant City Manager and outlining the organization of City departments and divisions by Temp. Ord. #1206 - Approval to remove these items from the agenda. z) Belfort - Request for waiver of Code Section 28-135(b) to permit shuffleboard shade overhangs - Approval to remove this item from the agenda. GENERAL ADMINISTRATIVE/FINANCIAL 8. City Manager Position - Discussion and possible action concerning the vacancy of this position. 9. Guidelines for Committees - Temp. Reso. #3870 - Discussion and possible action to amend the guidelines for committees receiving and spending funds. 10. Intradepartmental Budget Transfers - Temp. Reso. #3840 - Discussion and possible action to establish procedures for line item transfers within a departmental budget. 11. Widening of University Drive - Report by Mitchell Ceasar, Grants Consultant. Discussion and possible action. 12. Tamarac Park - Ballfield #2 - Report by City Attorney - Discussion and possible action on payment for services for installation of lighting (tabled from 9/11/85) 13. Tamarac Park -- Recreation Building - Report by Chief Building Official on recommended changes to building. Discussion and possible action. 14. Tract 27 - Lighting of Soccer Fields - Discussion and possible action on: a) Report by Maxwell Ingram b) Possible budget amendments if lighting is approved ;E THREE I/13/85 11/13/85 pgs. 22 & 23 TABLED 11/13/85 pg. 23 TABLED til 11/27 meetin 3 5 pg. 28 TABLED til 11/27 meeting_ 11 13 85 pgs. 11 & 12 report given 3 5 pg. 23 TABLED til 11/27 meetin 11 13 5 pg. 24 TABLED 11/11/85 pgs. 17 - 19 A) Report Given B)TBLD 15. PAGE FOUR 11/13/85 Chamber of Commerce Street Fair - April 6, 1986 - Discussion and pos- 11/1 3/85 sible action on a request to close off NW 57 Street from University pgs. 19 & 30 Drive to the Post Office for this function. �APPROVED 16. Florida League of Cities - Discussion and possible action on pyament in the amount of $1,953.83 for the City's annual dues and membership fee for Fiscal Year 1985/86 (tabled from 10/23/85) 17. Broward County League of Cities Business - Discussion and possible action on: a) Invoice for June solid waste assessment in the amount of $374.00 b) Reports 18. Northwest Council of Mayors Business - Discussion and possible action. TAMARAC UTILITIES WEST 19. Utilities West - Sanitary Sewer Rehabilitation (Project 84-41 - Temp. Reso. #3869 - Discussion and possible action to approve Progress Payment #6 to Interstate Pipe Maintenance in the amount of $48,158.10. 20. Utilities West - Turnpike Force Main Crossing (Project 85-18) - Dis- cussion and possible action to approve Change Order #1 to the contract with Lanzo Construction Company decreasing the contract by $3,647.00. 21. Utilities West - Wells 12 and 13 (Project 84-14) - Discussion and pos- sible action on: a) Approval of Progress Payment #2 to R.J. Sullivan Corporation in the amount of $38,112.26. b) Approval of Change Order #1 to the contract with R.J. Sullivan Corp- oration for additional work. 22. Utilities West - Rehabilitation and Expansion of Wastewater Treatment Plant (Project 85-19) - Discussion and possible action to approve a contract with Hazen and Sawyer. 23. Utilities West - Laboratory Furniture - Discussion and possible action to approve Change Order #1 to Bid 85-20 awarded to Fisher Contempra increasing the price by $941.40 plus shipping. 24. Utilities West - Discussion and possible action to approve certain budget transfers in order to purchase a postage meter. 25. Utilities West Wastewater Capacity - Discussion and possible action on the present availability of wastewater treatment capacity for future projects and the possible need for a moratorium. 26. Utilities Seminars - Discussion and possible action to authorize certain Utilities personnel to attend the following seminars: a) 1985 Basic Rotating Equipment School b) Cross --Connection Control and Back -Flow Prevention Program LEGAL AFFAIRS 27. UTA Cable Corporation - Temp. Ord. #1227 - Discussion and possible action to approve a transfer of a non-exclusive franchise for a community antenna television system to Telesat Cablevision, Inc. First Reading. 28. School Crossing Guard Program - Temp. Reso. #3842 - Discussion and pos- sible action to establish a surcharge to be assessed on each traffic infraction fine to be used to fund this program. 29. Broward Sheriff's Office (BSO) - Temp. Reso. #3871 - Discussion and possible action to establish procedures in order to place the question on the March, 1986 ballot for voter consideration whether City Police service should be provided by BSO. 11/13/85 pg. 28 APPROVED 11/13/85 pgs. 28 -12, A) TABLED B) REPORT was given 11/13/85 pg. 29 Report was given 11/13/85 pg. 14 APPROVED 11/13/85 pgs. 14,48 APPROVED 11./13/85 pg. 15 A) APPROVED B) TABLED 11/13/85 pg. 2 TABLED 11/13/85 pg. 15 APPROVED 11/13/85 pg. 15 TABLED 11/13/85 pgs. 15 - 17 see pg. 15 11/13/85 pg. 17 A) APPVD B) TABLED 11/13/85 pg. 12 TABLED 11/13/85 pgs. 48 & 49 APPROVED 11/13/85 pgs. 50 & 51 No Action Taken 30. PAGE FIVE 11/13/85 Garbage Collection Fees - Temp. Reso. #3841 - Discussion and possible 11/13/8 5 action to assess a residential garbage collection and disposal fee. pg. 3 6 APPROVED PUBLIC HEARINGS - 2:00 P.M. 31. Garbage Collection Fees - Temp. Ord_. #1226 - Discussion and possible action authorizing the City to assess a fee for residential garbage disposal. Second Reading. 32. Burglar Alarms - Temp. Ord. #1166 - Discussion and possible action to regulate burglar alarm users and burglar alarm devices under Chapter 14 of the Code. Second Reading. 33. Occupational Licenses - Temp. Ord. #1218 - Discussion and possible action to modify occupational license tax classifications and fees Second Reading. 34. Barry S. Eden - Rezoning Petition #21-Z-85 - Temp. Ord. #1228 - Dis- cussion and possible action to rezone the lands on the north side of McNab Road, approximately 500-feet east of NW 84 Avenue, from B-6 (Business District) to B-1 (Neighborhood Business). First Reading. a) Acceptance of Affidavit of Publication, Affidavit of Mailing and Affidavit of Posting. b) Consideration of application. 35. Paul and June Abel, Sidney Shapiro and Elaine Levenson - P.ezonin Petition #23-7--85 - Temp. Ord. #1229 - Discussion and possible action to rezone the Tamarac Shopping Plaza located at the northwest corner of Commercial Boulevard and NW 66 Terrace from B-1 (Neighborhood Bus- iness) to B-2 (Planned Business). First Reading. a) Acceptance of Affidavit of Publication, Affidavit of Mailing and Affidavit of Posting. b) Consideration of application. 36. NW 57 Street - S-curve at Commercial Boulevard - Petition #3-V-85 - Temp. Ord. #1215 - Discussion and possible action to vacate a portion of NW 57 Street right-of-way. Second Reading. COMMUNITY DEVELOPMENT 37. NW 57 Street - S-curve at Commercial Boulevard - Discussion and pos- sible action on a Developers Agreement with covenants and restrictions Temp. Reso. #3784 (tabled from 10/30/85) 38. Hidden Hollow I - Discussion and possible action on: a Site Plan - Temp. Reso_. #3850 b) Plat - Temp_._Reso. #3851 c) Landscape Plan d) Water and Sewer Developers Agreement e) Water Main Easement - Temp. Reso. #3852 f) Sanitary Sewer Easement - Temp. Reso. #3853 g) Public Safety Ingress/Egress Easement - Temp. Reso. #3854 (project proposed for the north side of Westwood Drive at NW 98 Terrace) 11/13/85 pgs. 29 & 30 APPROVED 11/13/85 pgs. 30 & 31 TABLED til 11/27 meeting 1171-3/85 pg. 31 TABLED 11/13/85 pgs. 31 & 32 A) ACCEPTED B) TABLED 11/13/85 pg. 33 A) aff. accep. B)TABLED 11/13/85 pg. 34,35,36 APPROVED 11/13/85 pgs. 34 & 35 APPROVED 11/13/85 pgs . 37 -- 43 a) DENIED TABLED b) through g) 39. Greenview Apartments - Discussion and possible action on: a) Site Plan - Temp. Reso. #3855 b) Plat - Ted__ Reso. #3856 c) Landscape Plan d) Water and Sewer Developers Agreement e) Water Main Easement - Temp. Reso. #3857 f) Sanitary Sewer Easement - Temp. Reso. #3858 g) Petition #4-V-85 - Vacation of a portion of road right-of-way - Temp. Ord. #1231. First Reading. (Project proposed for the west side of Nob Hill Road between NW 80 Street and NW 81 Street) PAGE SIX 11/13/85 11/13/85 pgs. 43 - a) DENIED TABLED b) through g) 40. Tamarac Nursing Center - Discussion and possible action on: a Plat - Temp. Reso. #3860 b) Development Order - Temp. Reso. #3861 c) Water Retention Agreement d) Development Review Agreement (project proposed for the west side of NW 79 Avenue between the canal and NW 57 Street) 41. University Community Hospital - Discussion and possible action on: a Rezoning Petition #17-Z-85 - Rezoning of lands at the rear of the hospital property, extending approximately 336.7-feet west of the west property line of the hospital, from R-4A (Planned Apartments) to B-6 (Business District), utilizing the 5% flexibility rule for commercial development in residential land use area not to exceed 10 acres - Temp. Ord. #1220. Second Reading. (tabled from 9/30/85) 1) Acceptance of Affidavit of Publication and Affidavit of Posting 2) Consideration of application (Public hearing held 9/26/85) b) Declaration of Parking Covenant - Temp. Reso. #3862 c) Declaration of Unity of Title - Temp. Reso. #3769 (tabled from 9/30/85) - Staff recommends removal from agenda 42. Revised Site Plan - Temp. Reso. #3867 - Discussion and possible action on a revised site plan reflecting addition of a slab and screen porch to Unit 2-D, 9344 Wedgewood Lane. 43. Woodmont Tract 67-A - Revised Site Plan - Ted. Reso. #3868 - Dis- cussion and possible action on a revised site plan reflecting enlarged deck area and a canopy at the pool. 44. Tamarac's Evaluation and Appraisal Report E.A.R.) - Discussion and possible action to discontinue future consideration of adopting this report. 45. Sunshine Plaza - Platting Waiver - Temp. Reso. #3866 - Discussion and possible action to waive the provisions of the platting requirements in Chapter 20 of the Code in order to permit installation of a sprinkler system and landscaping. 46. Tamarac Gardens - Model Sales Facility - Discussion and possible action on a request for a third model sales facility and waiver of the 300- foot distance requirement for certificates of occupancy. 47. Lakes of Carriage Hills - Model Sales Facility - Discussion and pos- sible action on: a) Relocation of the model sales area and waiver of the 300-foot distance requirement for certificates of occupancy. b) Grant of easement - Temp. Reso. #3872 48. Isles of Tamarac - Discussion and possible action on the Water and Sewer Developers Agreement. 49. Marshall Plaza - Bond Release - Temp. Reso. #3863 - Discussion and pos- sible action to release a cash warranty bond posted for public improve- ments. 47 1 11/13/85 Pg. 25 TABLED til 11/27 meeting 11/13/85 pg. 25 - 27 A)1) accepted of. f . AM APPVD B)APPVD C) REMOVED from agenda 11/13/85 pg. 27 APPROVED 11/13/85 pg. 45 APPROVED 11/13/85 pg. 47 APPROVED 11/13/85 pg. 20 APPROVED 11/13/85 pg. 20 APPROVED 11/13/85 pgs. 21 & 22 A) APPROVED w/cond. B) APPVD 11/13/85 pgs. 4 & 5 TABLED 50. Heftler Homes - possible action sidewalks. PAGE SEVEN 11/13/85 Performance Bond - Temp. Reso. #3864 - Discussion and to call a performance bond posted for installation of 51. Centra Care Medical Center - Warranty Bond - Temp. Reso. #3865 - Dis- cussion and possible action to call a warranty bond posted for public improvements. 52. Hidden Harbour - Discussion and possible action on: aT Stipulation #26 - Temp. Reso. #3843 b) Site Plan - Temp. Reso. #3844 c) Landscape Plan d) Water and Sewer Developers Agreement e) Public Safety Ingress/Egress Easement - Temp. Reso. #3845 f) Canal Maintenance Easement - Temp. Reso. #3846 g) Drainage Easement - Temp. Reso. #3847 h) Warranty Deed for 20-feet along the canal - Temp. Reso. #3848 i) Blanket Utility Easement - Temp. Reso. #3849 j) Petition #6-V-85 - Vacation of a 20-foot wide drainage easement - Temp. Ord. #1230. First Reading. k) Refund of the following drainage retention fees: Tract 26 - $30,234.00 Tract 31 - $36,977.00 (Project to be located on the west side of NW 88 Avenue, north of NW 77 Street) REPORTS 53. City Council 54. City Manager 55. City Attorney 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 ,W Carol E. Barbuto Assistant City Clerk NOTICE There will be a Special Council Meeting scheduled (the time and date to be announced) for a presentation by Broward County Water Resources Management regarding water supply and future wellfield sites in the County, (which of necessity would require a special Ad Valorem Tax). CITY OF TAMARAC, FLORIDA it REGULAR CITY COUNCIL MEETING November 13, 1985 Tape 1 CALL TO ORDE : Mayor Philip B. Kravitz called the meeting to order on Wednesday, November 13, 1985 at 9:00 A.M. in Council Chambers. ROLL CALM: PRESENT: Mayor Philip B. Kravitz Vice Mayor Helen Massaro Councilman Raymond J. Munitz Councilman Sydney M. Stein ABSENT AND EX Councilman Arthur H. Gottesman ALSO PRESENT: Larry Perretti, Acting City Manager Jon M. Henning, City Attorney Carol E. Barbuto, Assistant City Clerk Marilyn Bertholf, City Clerk Patricia Marcurio, Secretary MEDITATION AND PLEDGE OF ALLEGIA CE: Mayor Kravitz called for a Moment of Silent Meditation followed by the Pledge of Allegiance. LEGAL AFFAIRS 56. Re2grt gn EgN and r n 's & Bockjus Bill i t o unt of $72.356A2 - Temy, R950-3 -- Discussion and possible action. SYNQPS15 OF ACTION: Agendized by Consent. (See Pages 7 thru 11). Mayor Kravitz said the City Attorney asked him to Agendize by Consent a report based upon a meeting Mayor Kravitz had yesterday afternoon with the City's attorneys on ESM. He said the City Attorney will give a full report with discussion concerning a bill from Morgan, Lewis & Bockius in the amount of $72.356.69. V/M Massaro so MOVED, SECONDED by C/M Stein. L VQTED AXE BQARDS AND COMMITTEES 57. PICC RepoKt - Discussion and possible action. SYNORSIS QF TION: Agendized by Consent. (See Page 49) . Mayor Kravitz said he received a request from the Editor of the Tam -A -Gram that a report from him be Agendized by Consent. V/M Massaro so MOVED, SECONDED by C/M Stein. VOTE: ALL -VOTED A GE ERAL_ADMINIST TIVE FI A CIAO 58. Changg OLdpex--fl- K erro on - Sidewsllkg on University Drive-- Discussion and possible action. SYNOP IS OF ACTION: Agendized by Consent (See Page 49) . 1 11/13/85 /pm r1 V/M Massaro said Deputy City Engineer Bob Foy has requested Agendizing by Consent Change Order #1 for the contract with K. Herron & Sons which would decrease the contract amount by $6,357.00. She said this concerns the sidewalks at St. Malachy's Church on University Drive. V/M Massaro so MOVED, SECONDED by C/M Stein. VOTE: ALL VOTED AYE TAMARAC UTILITIES WEST 26. Utilities Seminars - Discussion and possible action to authorize certain Utilities personnel to attend the following seminars: a) 1985 Basic Rotating Equipment School b) Cross -Connection Control and Back -Flow Prevention Program SYNOPSIS ,QF_ACTION: b) REMOVED from the Agenda. For action on a), See Page 17) Acting City Manager Perretti requested that the b) portion of this item be REMOVED from the Agenda. V/M Massaro so MOVED, SECONDED by C/M Stein. VOTE: ALL VOTED AYE 22. Utilities_Wgst - Rehabilitation and Expansion of Wastewater ,Tggatment P1 nt Project 5- - Discussion and possible action to approve a contract with Hazen and Sawyer. SYNOPSIS „QF ACTION: TABLED to a future meeting at the request of the City Manager. Acting City Manager requested this item be TABLED for additional time to clarify points within the contract and V/M Massaro so MOVED, SECONDED by C/M Munitz. VOTE: CONSENT AGENDA ALL VOTED AYE 7. p)Rubin - Consulting,CiJty_Plan ner - Services for er, 1985 - _$4,685.14 -- Approval recommended by Chief Building Official and City Manager. SYNOPSIS OF ACTION: HELD for the afternoon (See Pages 5 thru 7). Acting City Manager Perretti requested Item p) of the Consent Agenda be Withdrawn from the Agenda. V/M Massaro asked Mr. Perretti if there were portions of the bill in question or the whole bill and Mr. Perretti said there were just certain parts. V/M Massaro asked Mr. Perretti if his questions could be addressed at noon and Mr. Perretti said yes. V/M Massaro said this will be deferred to the afternoon. [I- I 2 11/13/85 /pm 1 Ili 1. Employee Service &w_ ds - Presentation by Acting City Manager Perretti of a ten-year pin to Mimi Reiter, City Manager's office, and a fifteen --year award to Nora Hoopes, Building Department. SYNOPSIS OE ACTION: Presentations were made. Acting City Manager Perretti presented a ten-year pin to Mimi Reiter, City Manager's office and a fifteen -year award to Nora Hoopes, Building Department. 2. SQyiet t - Presentation by Mayor Kravitz of a proclamation designating November 19, 1985, as "Soviet Jewry Solidarity Day". SYNOPSIS OF ACTION: Proclamation was presented. - Mayor Kravitz presented a proclamation designating 11/19/85, as "Soviet Jewry Solidarity Day" to several Presidents of Tamarac B'nai B'rith Lodges. 3. B'nai B'r_ith Women - Announcement of a proclamation to be presented by Mayor Kravitz designating 11/18/85, as "B'nai B'rith Women Day". ,SYNQP?S_1S _OF ACTION: Announcment was made. Mayor Kravitz announced that a proclamation will be presented to this group designating 11/18/85 as "B'nai B'rith Women Day". BQARDE AND CQMMITTEES 4. Welcoming Committee - Temp. Reso. #3803 - Discussion and possible action to appoint one (1) member (tabled from 10/23/85). 5YNOPEIS OF ACTION: APPROVED RESOLUTION N0. R-85-350 PASSED. as amended, appointing Harold Laufman and Mae Walberg. Mayor Kravitz noted that there were two applications for this Committee and, since they need help, he suggested both Harold Laufman and Mae Walberg be appointed. Mr. Henning noted that the announcement made at a previous meeting was for one vacancy and the Agenda would have to be revised in order to conform to two appoint- ments. C/M Munitz MOVED to increase the Agenda to "one or more members to be appointed", SECONDED by V/M Massaro. VOTE: ALLUTED AYE Mayor Kravitz said the terms of these appointments would expire on 5/11/86. Mr. Henning read Temp. Rgso. #3803 by title and recommended changing the title to read, "A Resolution appointing two members.." and in Section 1, "That pursuant to Code Section 2-52, formerly 2-28", inserting the two names, "are hereby appointed as members of the Welcoming Committee." 3 11/13/85 /pm V/M Massaro MOVED APPROVAL of Temp. Reso. #3803 as amended, SECONDED by C/M Munitz. VOTE: C/M Stein Absent C/M Munitz Aye V/M Massaro Aye Mayor Kravitz Aye 5. Investment Advieory Committee - Temp. Reso. 13859 -- Discussion and possible action to appoint five (5) members. SYNOPSIS_.QF ACTION: APPROVED RESOLUTION NO. R-85-351 PASSED. as amended on 11/12/85 reappointing all 5 of the present Committee members. Mr. Henning read Temp. Res©. #3-859 by title. Mayor Kravitz said as liaison to this Committee, he has been advised by the present Committee that all 5 members wish to be reappointed and he so recommended. He said their terms expired 11/11/85 and this approval would extend their terms to 5/11/86. V/M Massaro MOVED APPROVAL of Temp. Reso. 43859 as revised on 11/12/85, reappointing all 5 of the present Committee, which consists of Ed Solomon, Morris Sarner, Henry Shulman, Dr. Al Wald and Willard Zweig for a term to expire 5/11/86. SECONDED by C/M Munitz. VOTE: C/M Stein Absent C/M Munitz Aye V/M Massaro Aye Mayor Kravitz Aye Mr. Henning noted that the Ordinance for this Committee will be ready for the next Council meeting on 11/27/85. COMMUNITY DEVELOPMENT 48. Isles of Tamarac -- Discussion and possible action on the Water and Sewer Developers. Agreement. SYNOPSIS OF _ACTION: TABLED to the 11/27/85 Council meeting. Leslie Evans, attorney representing the applicant, said they were under the impression that they had an agreement with the City but yesterday they were told the terms were again changed on the part of the City. He said at this point, they would request that action be Tabled until the next meeting so that they may better prepare any type of action or litigation that may be required. Mr. Henning said Council intentionally gave Mr. Evans this opportunity, before the 10:00 A.M. Public Hearing on the "contribu- tion in aid of construction" charges, to discuss this matter. He said the rates now are $1,530.00 per ERC and Council will consider a proposal by the City's Engineering. Department to raise those by $110.00 to $1,640.00 per ERC. He said the Isles of Tamarac Water and Sewer Agreement is very old going back to 1969 and 1977. He said he is concerned that Mr. Evans is requesting a Tabling for 2 weeks so that they can sue the City. He said if this is Tabled for 2 weeks it would close the door to the present rate which he was trying to assist them with. 4 11/13/85 /pm �' V/M Massaro MOVED to TABLE this item to the 11/27/85 Council meeting and the cost of $1,530.00 per ERC remain even though there will be further negotiations. SECONDED by C/M Stein. VOTE: ALL VOTED AYE CONSENT AGENDA 7. 0onssnt Agenda - a) Minutes of 9/19/85 - Tamarac Utilities East Budget Public Hearing (2:30 P.M.) - Approval recommended by City Clerk. b) Minutes of 9/19/85 - Budget Public Hearings (6:00 P.M.) -- Approval recommended by City Clerk. c) Minutes of 9/26/85 -- Regular Meeting - Approval recommended by City Clerk. d) Minutes of 9/30/85 - Reconvened Regular Meeting - Approval recommended by City Clerk. e) Minutes of 9/30/85 - Budget Public Hearings -- Approval re- commended by City Clerk. f) Minutes of 10/9/85 - Regular Meeting - Approval recommended by City Clerk. g) Minutes of 10/28/85 - Special Meeting - Approval recommended by City Clerk. h) Minutes of 10/30/85 - Special Meeting - Approval recommended by City Clerk. i) Minutes of 11/6/85 - Special Meeting - Approval recommended by City Clerk. j) Alan F. Ruf - Consulting City Attorney - General Services - 11/8/85 - $4,259.25 -- Approval recommended by City Attorney. k) Alan F. Ruf - Consulting City Attorney - Municipal Prosecutor Services - 11/8/85 - $1,380.00 - Approval recommended by City Clerk. 1) Billing, Cochran & Heath, P.A. -- Special Counsel - Saito vs. City of Tamarac - 10/17/85 - $1,322.10 - Approval recommended by City Attorney. m) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - Approval to pay the following invoices as recommended by the City Engineer/Utilities Director: 1) Invoice 1710--9, Statement 4 - $6,211.85 - Tamarac Lakes Gravity Sewer Project 84-5 2) Invoice 1710-21, Statement 2 (Final) - $337.75 -- Tamarac Park Water Main Extension Project 85-12 n) James M. Montgomery, Consulting Engineers, Inc. - Invoice 56593 9/11/85 - $45.75 - Wellfield/Fuel Storage Tank Project 485-7 - Approval recommended by City Engineer/Utilities Director. o) CH2M Hill - Consulting Engineer - Invoice 09-454 - 9/16/85 - $163.02 - Utilities West Revenue Bond Feasibility Study Project 85-16 - Approval recommended by City Engineer/Utilities Direc- tor. p) Richard S. Rubin - Consulting City Planner - Services for October, 1985 - $4,685.14 - Approval recommended by Chief Building Official and City Manager. q) Touche Ross & Co. - Auditor - Invoice 2552 - 10/16/85 - $5,000.00 - Progress billing for Fiscal Year 1984/85 - Approval recommended by Finance Director. r) Florida Testing & Engineering Co. - Three invoices totalling $770.00 - Account 434-508-597-327 - Sanitary Sewer Rehabilita- tion Grant Project 84-4 - Approval recommended by City Engineer/Utilities Director. 5 11/13/85 /pm s) Cin-Mar Protection Systems, Inc. - Approval to refund a cash burglar alarm bond in the amount of $150.00. t) TUW - Approval to go to bid for the following items: 1) Electronic Flow Meters 2) Fabrication of Jet Rodder 3) 5--ton Crane 4) Gas Detectors u) TUW - Approval to waive bidding procedures and purchase the following equipment under State contract: 1) 2--1/2-ton truck for crane 2) 1-ton flat bed truck 3) 3/4-ton pickup truck with utility body and radio v) Lake Colony (Brookwood Gardens) -- Status of traffic light bond Approval to extend the tabling action to a future meeting. w) Tract 27 ground water storage tank landscaping plan - Approval to remove this item from the agenda until a future date. x) Contract with Richard S. Rubin, Consultant Planner - Approval to remove this item from the agenda. y) City Departmental Reorganization - Confirmation of Larry Perretti as General Services Director/Assistant City Manager and outlining the organization of City departments and divisions by Temp. Ord. #1206 - Approval to remove these items from the agenda. z) Belfort - Request for waiver of Code. Section 28-135(b) to permit shuffleboard shade overhangs - Approval to remove this item from the agenda. SYNOPSIS OF ACTION: APPROVED Items a) through z) except p) and u). p) was REMOVED (See Page 2) and HELD for later in the day (See Pages 27 & 28) u) REMOVED and the City Engineer/ Utilities Director was authorized to go to bid to determine whether or not it is less expensive to purchase equipment under State contract. V/M Massaro noted that Acting City. Manager REMOVED Item p) earlier today for discussion and possible action later today. She asked to have Item u) REMOVED for discussion. C/M Stein MOVED APPROVAL of Items a) through z), except p) and u). SECONDED by C/M Munitz. j) Melanie Reynolds, Charter Board. Aide, said under Mr. Ruf's bill there are 4 items concerning "initiative and referendum". She said on October 21st there are 4-1/2 hours spent on research for a referendum and initiative and she felt this was outrageous. She said there is an Ordinance concerning that which is in conflict with the Charter provision which states that in filing a petition, it must contain a copy of the proposal signed by 7% of the electors that voted in the last general election. She said Tamarac P.A.C. did not do this and yet, the City has been charged over $600.00 for research and advice to the Tamarac people. Mr. Henning said that is not true, that time was spent representing the City not representing P.A.C. He said he was confronted with a petition which he reported to Council and Council decided not to discuss this and turned it over to the City Attorney's office to take whatever action was appropriate. 6 11/13/85 /Pm I 1 Mr. Henning said this action involves the multi -million dollar sewer plant as well as the possible moving of the sewer plant. He said before he was prepared to advise the City Manager's office how to respond to the petition, it was necessary for him to discuss this with Mr. Ruf who had further research done. He said the $600.00 amount, in light of the multi --million dollar project is miniscule and his office has never been counsel to the P.A.C. C/M Stein said Council should not discuss the Ordinance or the Charter at this time since this is not on the agenda. V/M Massaro said she would agree with Mrs. Reynolds if this were not authorized research by the City Attorney. k) Mrs. Reynolds said this is the Public Prosecutor's bill and she felt a Code Enforcement Board could take care of these items to avoid paying out large sums for this service. VOTE: ALL VOTED AYE u) V/M Massaro MOVED that instead of waiving any bidding procedures, they be authorized to go to bid on these three items and that they get the exact costs under State contract for Council's comparison. SECONDED by C/M Stein. VOTE: LEGAL AFFAIRS ALL VOTED AYE 56. Rgport on ESM and -Morgan, LeWis & ock'us Bill in the mount of V2.356.69 - Temp. Reso,_4�$73 - Discussion and possible action. SYNQP,EI,q QF ACTION: Agendized by Consent on Page 1 APPROVED Temp. Reso. #3873 as amended. RESOLUTION NO. R-85-356 PASSED. APPROVED payment of the bill in the amount of $72,356.69. Morris Brown, Partner at Morgan, Lewis & Bockius, said since the last time he reported to Council, there has been substantial action which has taken place both in respect to the Bradford and. Grant litigation and the ESM bankruptcy as a whole. He said overall it is very optimistic. Mr. Brown said with respect to the Bradford litigation, he last reported they had just filed a complaint against Bradford Securi- ties in New York, Bradford being the Clearing House which had taken care of the ESM securities transaction. He said since that time, Bradford has filed a voluminous motion to dismiss motions for sanctions against Morgan, Lewis & Bockius as attorneys for the City of Tamarac alleging that there were inadequate grounds to sue them. He said they have responded to that motion by filing an amended complaint and briefs against Bradford. He said two other cities have since sued Bradford and they have been informed that several other cities are going to be filing complaints. Mr. Brown said Tom Tew, the Receiver, has sued Bradford on behalf of the estate. He said those motions should be argued in approxi- mately 60 days in New York Federal Court where the action is pending. 7 11/13/85 /Pm L., Mr. Brown said another Federal Court has ruled in favor of the City of Harrisburg against a similar motion to dismiss to the motion that was filed against Tamarac. He said that litigation is proceeding and will take awhile. Mr. Brown said Grant has been sued by Tamarac along with several other cities and Grant has filed a massive motion to dismiss. He said in the context of Tamarac's suit against Grant, they have managed to secure Grant's insurance policies and it appears to be valid and total about $190,000,000.00. Mr. Brown said yesterday they sent out 600 complaints which named each of the partners of Grant from 1978 through today's date as individual defendants in the action. He said it is their under- standing of the appropriate law and jurisdictions that, along with the insurance coverage as a basis of recovery against Grant, the personal assets of each partner is also at risk. Mr. Brown said Judge Gonzalez in Broward County has jurisdiction over the Grant case and he has indicated a general intention to bring the Grant litigation to trial as soon as possible. He said they are now in the process of arranging for a substantially accelerated discovery process which will, hopefully, bring the case to litigation July or August, 1986. Mr. Brown said in the main bankruptcy, Tom Tew, as the Receiver, has negotiated a preliminary distribution and settlement agreement and proposed it among many of the creditors in the ESM litigation. He said the effect of this agreement is to distribute about $30,050,000.00 among the municipal creditors who had securities at either Bradford or Security Pacific, which were liquidated in the context of the bankruptcy. He said the effect of that should be to distribute between $.22 and $.25 on the dollar to Tamarac in the event the settlement is approved by the creditors and the Court. Mr. Brown said in the context of that settlement, American, which is a major creditor of the estate, is waiving its claims against the estate for the liquidator of certain of its repo certificates and contributing 5 million dollars to the estate in satisfaction of Mr. Tew's claims against American for its alleged participation in the general fraud and scheme in ESM. Mr. Brown said Home State, which is the Ohio Savings and Loan whose demise occasioned a 3 million dollar State of Ohio Bond Issue in the context of ESM, has agreed to effectively subordinate a significant amount of its claims in the estate to those of the other city creditors on that first tier distribution of some 30 million dollars. Mr. Brown said in that context, Tamarac, as well as the other municipal creditors, will be getting back approximately $2.00 with respect to each dollar of their claims against $1.00 of Home State on that top level. He said Home State, Tamarac, and the other municipal creditors will participate for any remaining amount of claims as general creditors in a second tier distribution. He said in the second tier distribution, the ratio will be reversed. Tape 2 Mr. Brown said the settlement does not affect Tamarac's existing actions against Bradford or Grant so distributions that are effect- ed pursuant to the settlement would be a first tier distribution. 8 11/13/85 /pm Mr. Henning said this is not the final settlement with the ESM bankruptcy and Mr. Brown said this effectively distributes the liquid assets.in the estate to the municipal creditors and other first tier creditors. He said the estate has a claim against Bradford for approximately 41 million dollars that Bradford liqui- dated and applied to its own loan. He said if it is successful in its action against Bradford and recovers some of that 45 million dollars, that amount will be distributed to the municipal creditors on the same basis as the distribution being described now. V/M Massaro asked if this distribution is all of the liquid assets there are now and Mr. Brown said it is substantially all of the liquid assets in the estate at the moment. Mr. Henning said Mr. Brown has asked for Council's authorization to accept the arrange- ment of the settlement as indicated. He said TeMp. Re",*_43873 was prepared by him to express that authorization so that Mr. Brown may have this written document to take to the Court. Mr. Brown said the proposed settlement agreement will have to be executed by each one of the first tier creditors and, in that context, the Court will insist on a formal Resolution of the Council approving the settlement agreement indicating who can execute the agreement on behalf of the City. Mr. Henning said this is typically the Mayor and City Manager and Mr. Brown said that would be appropriate in this case. V/M Massaro asked if a second distribution would reverse the order and Mr. Brown said in the context of certain recoveries that benefit the general creditors rather than creditors who had claims with respect to specific securities, recoveries that come into the estate would be distributed 2 to 1 in favor of Home State until Home State gets on parity with the existing municipal creditors. He said with respect to claims that relate to the specific securi- ties, most importantly, that 41 million dollar claim against Bradford, the City of Tamarac and other muniiipal creditors would continue to receive distributions from those potential recoveries on a 2 to l basis in favor of the City of Tamarac. Shirley Blumfield, resident, asked how much this portion of the settlement would be and Mr. Brown said it should be between 1.3 and 1.5 million dollars, between 22 and 25%. He said there will be costs associated with that distribution that are in the estate now and it is unknown how long it will take for the distribution to occur. He said there is interest accruing on those funds now which also may be distributed. Mr. Henning said the last statement from Morgan, Lewis & Bockius was tabled at the last meeting to have a meeting with Mr. Brown and the Mayor to discuss the possibility of alternatives to the fee arrangement. He said at this time they are on an hourly arrangement and, since that tabling, two things have occurred. First, they have plans of receiving the first distribution which would help the legal fees and, second, in discussing the percent- ages of contingency fees, it appears that the percentage that would be typical would be 25% of the minimum. He suggested the City continue with the hourly rate to Morgan, Lewis & Bockius. Mr. Henning said the City wants a legal advisor and not a partner _ and both Mr. Brown and he are concerned that every time Mr. Brown advises the City he will be accused of wanting his partnership portion. He suggested Council keep the payment method at an hourly rate to avoid problems. 9 11/13/85 /pm V/M Massaro said the bill for $72,356.69 only goes through 8/17/85 and she questioned how much is owed to the present. Mr. Brown said probably through 9/30/85, which is their firm's cut off date, there is another $50,000.00 to $60,000.00 involved. He said legal fees do not come in flat amounts depending on what is being done on the City's behalf, they may work a great deal in one particular month or substantially less. He said the figure of $72,356.69 is the legal fees involved in the filing of the action against Bradford and Grant and the answer of Bradford's motion to dismiss. He said the initial stages of litigation tend to be much more time intensive than certain later stages in that litigation. Mr. Brown said Mr. Henning had asked what his fee estimate was for fiscal 1986 and indicated there was some concern on the part of the Council of whether the fee estimate had changed. He said he told Mr. Henning and the Mayor that the original fee estimate has not changed and he anticipates the same range of fees and agreed to keep the fees billed during that period within that range even if something unexpected happens. V/M Massaro asked how much is involved between 9/30/85 to 10/31/85 and Mr. Brown said he does not know that amount but does not expect it to be as high for that period of time. He said the things that had to be done concerning the Bradford case all terminated early in October. V/M Massaro asked what range of numbers was discussed with Mr. Henning and the Mayor and Mr. Brown said around $250000.00 for fiscal 1986. Mr. Brown said the quicker everything can go to trial the cheaper it will be for the City and the Judges involved are working to keep legal fees to a minimum. Mr. Henning said although the firm has not stated that they will keep the fees within $250,000.00 for the fiscal year, they will keep their billing, for the sake of the budget, to that amount with anything else carrying over to the next fiscal year. C/M Stein MOVED to pay this bill in the amount of $72,356.69, SECONDED by C/M Munitz. ALL VOTED_ _AYE V/M Massaro said she would like the City Attorney to research this further and advise Council what the alternatives are as to the fee arrangements. C/M Stein said he agrees with V/M Massaro and he suggested that before the next bills are received, there should be discussion concerning this. Mr. Henning read Temp. Reso._#3873 in its entirety. Mr. Henning noted that Section 2 can be deleted, renumbering Section 3 to Section 2 and Section 4 to Section 3. C/M Stein MOVED APPROVAL of TemP. Reso._.#3873authorizing the acceptance of the first distribution of the bankruptcy to the City, SECONDED by C/M Munitz. Vickie Beech, resident, asked if this recovery would not have been received from the Court anyway without Morgan, Lewis & Bockius's assistance and Mr. Brown said Mr. Tew has done a superb job on behalf of all of the creditors of the estate and the estate itself. He said Mr. Tew has put together a complicated and well done settlement agreement that orchestrates political and economic needs. 1 1 1 10 11/13/85 /pm however, Morgan, Lewis & Bockius has assisted and Mr. Brown said+ against Grant and continues to assist Mr. Tew with actions of participation agaion with Bradford with the threat of the same sortn f options against other possible defendsinvolvedidntnegotiatiheir con ng the settlement agree Mr. Tew and othersHome State and the estate itself has forced ments with American, the early distribution of these funds. Tew's fees are being deducted before C/M Munitx asked if Mr. determination. the amount that will be available for distribution an determining a Gonzalez will make Mr. Brown said determination - judge Tew will pursue the claims V/M Massaro asked Mr. Brown if Mr• es, they are Brown said y Lewis & Bockius' claims and the Mr. against Bradford and Grant and Mr• recovery different claims than theirMorga►articipation in any Morgan, level of recovery and their p Tew receives will be far less than occasioned by Lewis & Bockius' independent c of claims are now and Mr. Brown said there arecbyyvarivus V/M Massaro asked indollarsand cents what typebrought there against Gms for rant in ESM the full amount of thMassarosaskedlifdTamarac would municipalities are in any municipalities. V/M but not an a dollar for dallarafbasis with award from Bradford thsatbmfight be received by other one and Mr. Brown said ye r pro rota. respect to the particular securitibaP municipal creditors who would be participating in ectian 2 of T Mr. Henning suggested substituting r. to City officials are 13871, the phrase, That the aPp documents. authorized to sign the necessary 's hourly rate is Charles Harab, resident, asked what the attorney per hour and Mr. Brown said it t is Court time•00 andto $1which0attorrneyssiof a on whether it is in exce depending a rate is slightly involved. erHhour�d the average $100.00 p ALL V TED AYE Y4TEs GENE ADMI I TRATIVE FI CIAL Mitchell Ceasar, niv rs' Driv -- Report by 11. n n ossible action. Grants Consultant. Discussion and p SYNOp I B ACTIO Mitch Ceasar gaVe a report. sar, Grants Consultant, said Tamarac has received a Mitch Cea University Drive for the construction majority of the funding for for the design p The money hase was about necessary state and DOT phase. uired from the County, $275,000.00 that was acq b Tamarac. sources with no contribution necessary Y eluded in the County Mr. Ceasar said they were able to have in ecifically for sp budget for 1986, a 1Dreivetthroughaid the dollar em Of2Tamarac. He she year and the widening University figures will be advertisedlarround nd 7/1/$6of expenditure of dollars acquisition of funds Mr. Ceasar said 6 or 8 steps remain, mainly roximately $500,000.00, which he roadhe �ast amount of money app nee for the completion of t necessary 11 11/13/85 /pm Mr. Ceasar said the State DOT, District 4, encompasses 7 counties with which Tamarac is competing with the funding for the whole region of less than 1 million dollars. He said Tamarac may avoid any major contribution by seeking grant money or a funding pool to bear the burden if necessary. Bill Greenwood, Utilities Director/City Engineer, asked Mr. Ceasar to consider the tremendous cost on University Drive for relocating asbestos cement pipes for TUW. He said the County is requiring that the main distribution lines be relocated and they are 24- inches in size. He said he has not received any communicaton concerning this and he suggested he meet with Mr. Ceasar to discuss this. Mr. Ceasar said he would be happy to do so. V/M Massaro asked if there was any problem in those lines remain- ing there and Mr. Greenwood said yes, the County and State have regulations that within their rights -of -way asbestos cement has too many pitfalls. LEGAL AFFAIRS 27. UTA Cable -Corporation - Tcmp._Ord. #1227 - Discussion and possible action to approve a transfer of a non --exclusive franchise for a community antenna television system to Telesat Cablevision, Inc. First Reading. YN P I F CTIO : TABLED for more information. Mr. Henning read Tgmip, Ord. #1227 by title. C/M Stein said he has no backup on this item which shows the service which will be offered and he MOVED to TABLE this item for more information. Mayor Kravitz asked if the representatives of UTA Cable Corp. wished to speak before a SECOND to the MOTION was accepted. Robert M. Haber, Attorney representing. UTA, apologized for in- sufficient information and agreed to provide this to the Council. He said he has no objection to Tabling this item. C/M Munitz SECONDED the MOTION to TABLE. UTE : ALL VOTED AYE Charlie Jacobson, General Manager of Kings Point, said since this franchise only affects service in Kings Point and Tamarac Gardens, they have no objection to this transfer. He said they have been advised that the existing agreement between UTA and Kings Point will remain in force and they have had excellent service for over a year and a half. C/M Munitz asked if this was a merger of the companies and Mr. Haber said this is a stock purchase. L� 12 p 11/13/85 /pm 1 1 COMMUNITY DEVELOPMENT 52. Hidden Harbour_ - Discussion and possible action on: a) b) c) d) e) f) g) h) i) j) k) Stipulation #26 - Temp. Reso._#3$43 Site Plan - Temp, Reso. #3844 Landscape Plan Water and Sewer Developers Agreement Public Safety Ingress/Egress Easement - Temp. Reso. 13845 Canal Maintenance Easement - Te s 84 Drainage Easement - Temp. Reso,_#3$47 Warranty Deed for 20-feet along the canal - Tema, Reso. #3848 Blanket Utility Easement - so 49 Petition #6-V-85 -- Vacation of a 20-foot wide drainage easement - d 1 30. First Reading. Refund of the following drainage retention fees: (Project of NW 77 Tract 26 - $30,234.00 Tract 31 - $36,977.00 to be located on the west side of NW 88 Ave., north St.) SYNOPSIS OF _ACTION: TABLED to the 11/27/85 Council meeting. C/M Stein said the Attorneys for Hidden Harbour have requested this item be TABLED to the 11/27/85 Council meeting and V/M Massaro so MOVED, SECONDED by C/M Stein. VOTE: ALL yOTED AYE 6. TAMar.4c Utiliti@s Wpst -- Temp. Reso, #3839 - Discussion and possible action to increase the "contribution in aid of construction" charge for future development west of State Road 7. (This increase will not affect existing customers of Tamarac Utilities West). Also to be considered will be a waiver provision for water meter deposits for franchise holders and utility companies. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-85--352 PASSED. as amended. Public Hearing was held. Mr. Henning read T-emR. Reso-,-1.3-839 by title. Mr. Henning said since these rates are provided by Resolution and are not codified, whenever one or two changes are made, the entire rate Resolution is retyped through the word processor so that there is a single document for developers and City use. He said there are three amendments on Pages 2, 3 and 7. Mr, Henning said the connection charge discussed earlier today concerns an impact fee for new development which goes to plant capacity and capital improvements. He said presently the fee is a total of $1,530.00 and the combination of increases to the water charge of $595.00 and to the sewer charge of $1,045.00 brings this Tape 3 to a total of $1,640.00 or a $110.00 increase. 13 11/13/85 /Pm ,� Mr. Henning said the other revision in this Resolution is the very last paragraph in Section 1 on Page 7, "That a customer account deposit shall not be required of other utilities in the. City if the City has an account for services from the customer." He said this references primarily FP&L, which has requested a waiver of deposit from the City since they could require a deposit of the City for services as well. He said if any company such as Southern. Bell or other utilities which. the. City has an account with, this allows a reciprocal arrangement of "No Deposit". Bill Greenwood, Utilities Director/City Engineer, said a study was performed by Williams, Hatfield & Stoner in 1982 setting the charges for the CIAC and the increase is due to inflation. He said the City requested Williams, Hatfield & Stoner review the engineering news record construction cost index and the increase is approximately 7.2% inflation and construction costs between 1982 and the present. He said this increase would keep the City's cost current. Mayor Kravitz opened and closed the public hearing with no re- sponse. V/M Massaro. MOVED APPROVAL of Temp. Reso. #3839, SECONDED by C/M Stein. VOTE: ALL VOTED AYE TAMARAC UTILITIES MST 19. Utilities West - Sanitary Sewer Rehabilitation (Project 84-4 - Temp. Reso._#3.869 -Discussion and possible action to approve Progress Payment #6 to Interstate Pipe Maintenance in the amount of $48,158.10. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R--85-354 PASSED. Mr. Henning read Temp. Reso-._#3_Q69 by title. V/M Massaro MOVED APPROVAL of Temp. Reso. #3869, SECONDED by C/M Stein. VOTE: ALL VOTED AYE 20. Utilities West - Turnpike F-Q=g Main Crossing (Project E55--8)- - Discussion and possible action to approve Change Order #1 to the contract with Lanzo Construction Company decreasing the contract by $3,647.00. SYNOPSIS_OF ACTION: It was determined that a Resolution will be needed for this item. (See Page 48) V/M Massaro questioned whether the original contract was not done by Resolution and whether a Resolution is needed now. Mr. Greenwood said the original contract was done by Resolution and he felt a Resolution should be prepared. Mayor Kravitz said he would hold this item for the preparation of a Resolution. 14 11/13/85 /pm LJ 1.1 I 21. Utilities West -- Wells 12 and 13 (Project 84-14) - Discussion and possible action on: a) Approval of Progress Payment #2 to R.J. Sullivan Corpora- tion in the amount of $38,112.26. b) Approval of Change Order #1 to the contract with R.J. Sullivan Corporation for additional work. SYNQPSIS OF ACTION: a) APPROVED. b) TABLED. a) V/M Massaro MOVED APPROVAL of the payment to R.J. Sullivan Corp. in the amount of $38,112.26 to be charged to Account #432-363-537- 645. SECONDED by C/M Stein. VOTE: ALL VOTEDAYE b) V/M Massaro MOVED to TABLE this portion of the item since there is no Change Order in house, SECONDED by C/M Stein. VOTE: ALL VOTED AYE. 23. Utilities West - Laboratory Fgrn t ure - Discussion and possible action to approve Change Order #1 to Bid 85-20 awarded to Fisher Contempra increasing the price by $941.40 plus shipping. SYNOPSIS OF ACTION: APPROVED. V/M Massaro questioned whether a Resolution was needed for this item and Mr. Greenwood said this item was purchased by Purchase Order and is not a contract or Federal Grant, therefore, a Resolu- tion is not needed. V/M Massaro MOVED APPROVAL of Change Order #1 increasing the price by $941.40 plus shipping. She said the costs are to be charged as follows: 50% charged to 428-368-535-648 R & R Account 50% charged to 428--363-533-648 R & R Account SECONDED by C/M Stein. VOTE: ALL VOTED AYE 24. Utilities West - Discussion and possible action to approve certain budget transfers in order to purchase a postage meter. gYNQP8.IS QF ACTION: TABLED for research by City Engineer. V/M Massaro MOVED to TABLE this item for research by the City Engineer, SECONDED by C/M Stein. TE: A L TED Y 25. Utilities st Wastewater Capggity - Discussion and possible action on the present availability of wastewater treatment capacity for future projects and the possible need for a referendum. SYNOPSIS OF ACTION: A Motion to direct the City Attorney to prepare the necessary papers for a building moratorium for the area served by the Northwest Force Main for a complete report of capacity of the water and sewer system, was DEFEATED by a two/two vote of Council. 15 11/13/85 /pm C/M Stein said he requested this item be put on the agenda since there are many conflicting reports concerning this. He said at the last Council meeting he reported that the man directly in charge of the City's pumping stations told him that at this moment the entire western section of the system served by the Force Main is in jeopardy. He said a moratorium would only be for this area of the City. C/M Stein said if all the developments being planned for the City now become reality in the very near future, the City would be in danger. He said there have been conflicting reports from the consulting engineers but the people who work there have told him that they question the ability of the City's present system to handle these additional developments. He said he felt it would be foolish to move forward with these projects without being certain that the City can adequately handle them. V/M Massaro said she asked the City. Engineers and consulting engineers if the City is in a position to call a moratorium without being brought to Court by the various developers and she was told emphatically that the City is not in a solid position because the capacity is there. She said the City is constantly working on improving the various things to be done. She referred to reports by Bob Foy, Deputy City Engineer, assuring that the City's capacity is being rehabilitated to improve the system. Dr. Bernard Newman, resident, said he was speaking as a retired Professor of Sanitary Engineering and a registered Professional Engineer in the States of Florida and New York. He said the City's sewage treatment plant is greatly overloaded for organic loading, which is manifested by the odor problem present. He said he has been fighting for years against the use of garbage dis- posals on sewer lines since that does not belong in a wastewater treatment plant. He said he thinks a moratorium is necessary in the near future and if the City does not consider a moratorium on new building, they should consider a moratorium on the installation of garbage disposals. Emil Beutner, resident, said he was told that the system at the present time is adequate but they are working on a bypass line to eliminate the problem. He asked Mr. Greenwood to explain this further and. Mr. Greenwood said the bypass line being referred to is called the Northwest Force Main Project. He said this project has been assigned to the firm of CH2M Hill and they have been given approval by the City to proceed with the design. He said the time schedule from the design phase to completion is between 14 to 18 months. He said the hydraulic problems associated with the Force Main and the associated pump stations will be resolved when this is completed. Vickie Beech, resident, said she felt everything in growth affects the lifestyle of the City. Charles Haravey, resident, said in as much as feasibility studies are being made he felt a moratorium should be in effect. C/M Munitz asked Mr. Greenwood what the. City will have when this is completed and Mr. Greenwood said the projects as anticipated will give the City a viable project. 16 11/13/85 � /pm C/M Stein said he read the preliminary report of Hazen & Sawyer and they will not know the extent necessary to rehabilitate until the tanks are dewatered and examined. Mr. Greenwood said the segment of the report C/M Stein is referring to concerns the structural rehabilitation of the tanks. He said the only way of inspecting the internal structural integrity of the tanks is by dewatering them. He said there is not excess tankage capacity at the sewage treatment plant and every time a plant is taken out of service, it does not go back into service for a minimum of 7 to 21 days for stabilization. C/M Stein MOVED to direct the City Attorney to prepare the necessary papers for a building moratorium for the area served by the Northwest Force Main until such time as there is a complete report as to the capacity of the water and sewer system, SECONDED by C/M Munitz. VOTE: C/M Stein Aye C/M Munitz Aye V/M Massaro Nay Mayor Kravitz Nay 26. Util't s -- Discussion and possible action to authorize certain Utilities personnel to attend the following seminars: a) 1985 Basic Rotating Equipment School b) Cross -Connection Control and Back -Flow Prevention Program SYNOPSIS ()F_,A9TION: a) APPROVED attendance for Frank Cahill and Jim Smith at a cost of $270.00 b) (See Page 2) REMOVED from the agenda at the request of the City Manager. Mayor Kravitz noted that the b) portion of this item was REMOVED from the agenda earlier this morning. a) V/M Massaro MOVED APPROVAL of the request for attendance at the Seminar for Basic Rotating Equipment for Frank Cahill and Jim Smith at a cost of $270.00. SECONDED by C/M Munitz. VOTE: ALL YQTBD AYE GENEGENEBAL ADMI I TRATT E FI IAL 14. Tract 2 - Li.ghtins of Soccer Fields - Discussion and Possible action on: a) Report by Maxwell Ingram b) Possible budget amendments if lighting is approved SYNOPSIS QF CTIO : a) Maxwell Ingram gave a report. b) TABLED to a Special Council meeting. a) Maxwell Ingram, Professional Engineer from Lime Bay, said last Wednesday, the Parks and Recreation Committee, with Mayor Kravitz in attendance, held a meeting to review the proposed inclusion of a sports lighting system covering one soccer field on Tract 27. 17 11/13/85 /pm Mr. Ingram said they reviewed the 32 engineering changes to be made upon the present plans originally proposed for two fields, upgrading and revising them specifically to accommodate only one field. He said this was the ultimate goal to provide cost effective improvements, uniform and more intense light distribution, to bring about significant reductions in installation, operating and maintenance costs while producing superior, more efficient results. Mr. Ingram said the Utilities Director/City Engineer informed him that he prefers not to do this job due to his heavy work load and the fact that the $1,250.00 for new plans and.bid package is far less than his department could do cost wise. Mr. Ingram said he will report a few, non -technical features which are cost saving, utilizing, wherever possible, equipment in common with the first field to avoid duplication, thereby enabling the second field installation outlay being an absolute minimum. He said these revisions and additions are as follows: - they propose to install 8 poles instead of 6 poles shown on the plans and this will provide better, uniform light distribution and reduce the monthly electricity charges by one-third. - with the use of 1,000 watt metal halo lamps, having tripled the light over the originally specified 1,500 watt lamps, thereby reducing maintenance. - the height of the poles will be reduced from 60 feet to 40 feet above ground and by doing this, the saving effected against the 6 poles, they are able to install 8 poles at an aggregate cost less than 6 larger ones. - the field width dimensions on the plans will be revised from 180 feet to the regulation size 195 feet. This extra 15-foot width will not necessitate the moving of either grandstand and the 330-foot length is acceptable as is. the electric power charges from FP&L each month, based upon an average of 4 hours each night, 27 days per month, will cost $385.00 per month including a demand charge of $40.00. - the soccer season covers a period of 5 months, therefore, the average estimated annual billing cost for electricity will be $1,925.00 for this one field. the light level brightness will be a minimum of 20-foot candlepower over the entire field and 30-foot candlepower at the goal as prescribed by the Illuminating Engineering Society's standard #RP-6 for sports lighting soccer fields. -- the feeder cables from the FP&L distribution transformer to the main switch panel shall be rated to carry the current, which is known as ampacity, of 100 KVA minimum to supply power for both fields. the master main power switch shall have the ampacity to carry the electrical load for both fields sports lighting, not less than 500 amps and 600 volts AC. the switch and meter panel shall be totally enclosed in a cyclone fence to restrain trespessors. Both locked with keys in the possession of selected personnel only. a timer will be installed to automatically turn the lights on after dark and off at 10:30 P.M. or 11:00 P.M., whichever is decided on. a manual control shall override the timer at all times. Lou Solomon, the Parks Commissioner, has stated that he will make certain the lights are off when the fields are not in use. - poles are to be located not less than 20 feet between both soccer fields and they shall be located as common lamp support for both fields. 18 11/13/85 /pm J - weather-proof padding will be wrapped around the lower section of the concrete poles to prevent injuries. - FP&L has notified him the type of electric service available is 120 - 240 volt, AC, 60 Hertz, 3 phase, open Delta trans- former rater 75 KVA. He said there will be no charge for this service. - the site plans, construction, specifications and bid package requirements shall reflect procurement for only one soccer field sports lighting. - they shall incorporate the 32 engineering changes and addi- tions set forth in his recommendations for Tract 27, dated 10/22/85. - at this time the transformer vault shall not be constructed. - an auxiliary receptacle shall be included to accommodate portable equipment, all lights and to power a mobile refresh- ment stand. - a quotation of $1,250.00 by the consultants to redo the above plans, specs and bid package have been sent and received by the Acting City Manager. - should the Council approve this quotation, this program can move forward. Mayor Kravitz said the b) portion of this item concerns budget amendments if an amount is approved and he questioned whether an amount has been determined. Mr. Ingram said there was an approxi- mate amount considered of $40,000.00 for one field. V/M Massaro said discussion now concerns a consultant fee of $1,250.00 for preparing a bid specificaton. She said Council previously approved preparation of a bid package on lighting the whole field to avoid doing this again. Mr. Ingram said Council had approved lighting only one field with the thoughts that there would be plans to accommodate a second field. He said in order to install the lighting system for one field, they can only solicit a bid for one field. He said the equipment they will install will accommodate the second field without any additional costs. V/M Massaro said Council approved the installation for everything but they could only light one field this year. She said the plans must be reviewed further. C/M Stein suggested Tabling this item for a complete report. Lou Solomon, Parks Commissioner, said there was Council approval for only one field. Mr. Ingram said if poles are to be installed on the second field, that will cost more than $15,000.00 with no lights. He questioned why this should be done now and V/M Massaro noted that it would cost more to do this separately. V/M Massaro MOVED to TABLE this item to a Special Council meeting, SECONDED by C/M Munitz. YOTE: ALL VOTED AYE 15. Chamber qf C erce Street Fair - "ril 6,_1986 - and possible action on a request to close off NW from University Drive to the Post Office for this SYNOPSIS OF ACTION: APPROVED. The City Attorney and Acting City Manager are to meet with those involved to make sure the City is protected and reimbursed for any costs incurred. Discussion 57 Street function. 19 11/13/85 /pm 4 V/M Massaro MOVED that the City Attorney and Acting City Manager meet with those involved to make sure the City is protected and reimbursed for any costs incurred. SECONDED by C/M Munitz. VOTE: �MWAWAWM 45. Sunshine Plaza - Plattjng kL4jy= - T es 866 - Discussion and possible action to waive the provisions of the platting requirements in.Chapter 20 of the Code in order to permit installation of a sprinkler system and landscaping. F TI N: APPROVED. RESOLUTION NO. R-85-355 PASSED. If City water is needed, they must get the appropriate meters. Tape 4 Mr. Henning read Temp _Reso. #3866 by title. V/M Massaro asked if there will be a separate meter required for this and Bob Jahn, Chief Building Official, said he understands there are existing wells at that location. David Eisenstat, Assistant. Manager for the property, said they are aware that if the water must be treated they will have to filter the water from the well. V/M Massaro. MOVED APPROVAL of Temp. Reso. 43866 with the under- standing that if City water is needed, they must get the appro- priate meters. SECONDED by C/M Munitz. VOTE: ALL VOTED AYE 46. Tamarac.Gardens - Model Sales Facility - Discussion and possible action on a request for a.third model sales facility and waiver of the 300-foot distance requirement for certifi- cates of occupancy. SYNOPSIS OF ACTION: APPROVED for 6 months from 11/13/85 and to expire on 5/13/86. Records must be kept indicating that people in this area have been notified that this will be a model sales facility. V/M Massaro asked Mr. Riefs what effect this would have on the people in this area and Mr. Riefs said the people that are there when they closed will sign a letter recognizing that there is a model use facility within the 300-feet area. He said any future people will also sign such a letter. V/M Massaro MOVED APPROVAL of the temporary model sales permit and the waiver of the 300-foot distance requirement for certificates of occupancy with the understanding that they will keep a record indicating that the people have been advised that this will be used as a model sales facility. SECONDED by C/M Stein. VOTE: ALL VOTED AYE 1 I- 20 11/13/85 /Pm J 47. La s - Model Sales Facility -- and possible action on; a) Relocation of the model sales area and waiver foot distance requirement for certificates of b) Grant of easement - Temp. Reso. 13872 SYNQPSI,$ QF ACTION: a) APPROVED for 6 months from 11,113185 and to expire 5113186 subject to verification of the appropriate fees and overflow parking plans being approved by the Beautification Committee. b) HELD for latex in the day. (See Page 48) Discussion of the 300- occupancy. a) Richard Rubin, Consultant City Planner, said the request is to relocate the model sales facility from their present location along Rock Island Rd. to be placed within the center of their multi --family development currently under construction. He said staff has reviewed their application and their sketch shows specifically which units in Building 5-A are involved; namely, Units 104 and 105 would be models, Unit 103 would be the sales office and Unit 102 would be construction office. Mr. Rubin said staff would recommend that the sales office should be in the center of the project. He said to the east of the clubhouse there is a new 4-story building under construction called Building 5-A and 5-B. He said this building will have larger units and the model must be reconstructed utilizing the larger size unit. He said they plan to use the first story of Building 5-A and they wanted to verify that there would be suffi- cient parking on the site so that each tenant will have their own parking space with spaces required for the models not interfering with the permanent parking. He said staff is recommending that there be an over -flow parking area provided temporarily, if needed, in the front of the building facing the Sabal Palm Blvd. extension. Mr. Rubin said the developer has provided the City with the documentation showing the overflow parking of ten temporary spaces. He said the cost for 6-inch limerock and 1-inch asphalt would be $3,300.00 and the cost to remove it would be $500.00. He said they have posted with the City a check in the amount of $500.00 guaranteeing that if they cannot remove those spaces, the City is granted an easement to go on their property and remove those spaces. V/M Massaro asked if either building was occupied and Mr. Rubin said they are all under construction and for Building 5-B they are requesting Council grant a waiver to the Units for Building 5, 5-B, 6, 7, 3 and 4, which are all within the 300-foot radius of the sales model. Glenn Smith, representative of the applicant, said there are no CO's for these buildings as yet. V/M Massaro asked if the people driving in must drive through all the areas to reach the models and Mr. Rubin said Sabal Palm Blvd. extends easterly and northerly and Building 5-A and 5-D have two driveway entrances. He said their parking lot is totally off of the circulatory road in an L-shaped parking area. He said the plan shown proposes that anyone going to the model would also enter the same driveway but instead of disturbing the reserved parking for the condominiums, they would make a right turn and park temporarily in the landscaped area separating the permanent parking area from the roadway. 21 11/13/85 /pm f V/M Massaro asked if that area that is going to be used for the overflow parking has been sent to the Beautification Committee for their approval. Mr. Rubin said the original Landscape Plan has been submitted and approved by the Beautification Committee and temporary model sales facilities do not require Beautification Committee review. Mr. Rubin asked. Mr. Smith if a hedge would be installed to separate this area from the roadway and Mr. Smith agreed he would. V/M Massaro said she felt this should be subject to the Beautification Committee's approval of the landscaping of that area. She questioned whether a separate permit is required for an Administration Sales Office and Mr. Rubin said the City requires one fee for both of those uses. He said the total amount of that fee is $635.00 and the checks have been received by the City. V/M Massaro MOVED APPROVAL of the model sales permit waiving the 300-foot distance requirement subject to verification of what fees they must pay and that the overflow parking area be approved by the Beautification Committee. SECONDED by C/M Stein. UTE: 1. .ALL VOTED AYE b) Mr. Henning read Temp.Reso.__#3,$72 by title, Mr. Henning said he is recommending deletion of Sections 2 and 3 since this is a temporary easement and this will not be recorded. V/M Massaro said this Resolution is unclear and she suggested this be HELD for this afternoon for review and clarification by the City Attorney. Mr. Smith said the original discussions he had with staff deter- mined that this parking lot would be installed as and when needed and he questioned if this is still the case. V/M Massaro said she understood that it would be installed now. Mr, Smith agreed that this would be done. GENERM ADMINISTRATIVE/FINANCIAL 8. City Manager Position -- Discussion and possible action concerning the vacancy of this position. SYNOPSIS OF ACTION: TABLED. C/M Munitz said Council received a memo from the Acting City Manager recommending the procedure for hiring a permanent City Manager. He said it is Mr. Perretti's recommendation that Council readvertise the position. Acting City Manager Perretti said it has been a couple of months since the Council interviewed the applicants recommended from the 65 applications that came in. He said there have been a few resumes that have come in since then and he felt if Council wished to consider outside applicants readvertisement should be done. Morton Student, resident, said he feels Mr. Perretti has done a good job as Acting City Manager and should become the permanent City Manager and Maxwell Ingram, resident, said he agreed. 22 J ll/13/85 /pm C/M Stein asked if Mr. Perretti has filed for this job and Mr. Perretti said about one month ago he told the press he would consider the position under the condition that he could have a security guarantee that he could go back to his position of Personnel Director if his services as City Manager were unsatis- factory. V/M Massaro MOVED to TABLE this item for a full Council,.SECONDED by C/M Munitz. VOTE: ALL VOTED AYE 9. Guidelines for Committees - Temp. Reso. #3870 - Discussion and possible action to amend the guidelines for committees receiving and spending funds. SYNQPSIS OF ACTIQN: APPROVED RESOLUTION NO. R-85-353 PASSED. as amended. Mr. Henning read Temp. Reso. #3870 by title. Mr. Henning said Resolution 82-132 set the guidelines for committees for receipt of gifts and various procedures. He said a Resolution is needed to remove a Resolution and that is why Temp Reso. #387Q was prepared 4epeal.iag Rrpsolution 82-132. V/M Massaro said she asked for this in order to have the various members of the Committee for the Festival of Lights collect funds for this affair. She said she felt it would be best to turn all monies received over to the Finance Department with all bills being paid through the Finance Department. Mr. Perretti said V/M Massaro is speaking about the Festival of Lights but the PIC is also interested in this. C/M Stein MOVED APPROVAL of Temp. Reso. 13870, SECONDED by V/M Massaro. Mr. Henning said this Resolution puts the responsibility on the Council liaison to each committee to keep Council informed as to the policies of the committee. V/M Massaro said she intends to have any money received deposited in the Finance Department within 24 hours. She said there will be no money spent other than through the Finance Department and any work done will be done through the City Manager. She said she spoke with people from Public Works concerning the Festival of Lights and they have agreed to work without pay for this affair. Vickie Beech, resident, asked if there would not be a department allocation to monitor where these funds will be kept and V/M Massaro said yes, each committee will be a separate fund. yQTE: ALL VOTED AYE 12. TaMarao Park - Ballfield #2 - Report by City Attorney - Discussion and possible action on payment for services for installation of lighting (tabled from 9/11/81, Y I F TION• TABLED to the 11/27/85 Council meeting for further research. V/M Massaro MOVED to TABLE this item to the 11/27/85 Council meeting for further research, SECONDED by C/M Munitz. Y4: ALL, VOTED WAYE 23 11/13/85 / /Pm J 13. Tamarac Park - Recreation Building - Report by Chief Building Official on recommended changes to building. Discussion and possible action. SYNAPSIS OF ACTION: TABLED for a report by the Parks and Recreation Committee and a sketch from the Chief Building Official showing the changes. Bob Jahn, Chief Building. Official, referred to his memo to Council dated 11/8/85 (See Attachment 1). C/M Stein asked if there was any additional cost involved and Mr. Jahn said there is a savings on every item proposed except installation of the 1/2 bath and lavatory and the storage room that can double as a dressing room. He said his estimate to install the bathroom, etc., would be approximately $1,000.00. V/M Massaro said this should not be handled in this manner and she felt the Council should review the plan further. Mr. Perretti asked Mr. Jahn if the Parks and Recreation Committee has reviewed these plans and Mr. Jahn said no. He said the only material things being changed at this time would be to increase the size of the kitchen to double the size to allow storage room and an opening for use as a snack bar as well as the addition of the 1/2 bathroom. He said any items that he is seeking approval for can be changed at a later date if Council wishes to proceed. C/M Stein MOVED to TABLE this until Council has received a report from the Parks and Recreation Committee. V/M Massaro said she feels Council should receive copies of the sketch the Chief Building Official has made to make a determination of how reason- able these requests are. Lou. Solomon, Parks Commissioner, suggested the Parks and Recrea- tion Committee have input to this item. Maxwell Ingram, resident, said the architect originally asked him to design the lighting and power system for this Recreation Building. He said he has done this and is quite familiar with the needs of this building and he offered his expertise to Mr. Jahn. C/M Munitz SECONDED the MOTION to TABLE this item. VOTE: ALL VOTED AYE Mayor Kravitz recessed the meeting until 1:30 P.M. for lunch. Tape 5 Mayor Kravitz called the meeting to order at 1:30 P.M. ROLL CALL: PRESENT: ABSENT „AND, EXCDSEP: Mayor Philip B. Kravitz Vice Mayor Helen Massaro Councilman Raymond J. Munitz Councilman Sydney M. Stein Councilman Arthur H. Gottesman �1 1 24 11/13/85 /pm D 1 1 ALSO PRESENT: Larry Perretti, Acting City Manager Jon M. Henning, City Attorney Marilyn Bertholf, City Clerk Patricia Marcurio, Secretary COMMUNITY DEVELOPMENT 40. TgMarac Rursjng Center -r Discussion and possible action on: a) Plat - Temp. Reso. #3860 b) Development Order - Temp. Rgso. #3861 c) Water Retention Agreement d) Development Review Agreement (Project proposed for the west side of NW 79 Avenue between the canal and NW 57 Street) SYNQPSIS QF ACTT : TABLED to the 11/27/85 Council meeting. a) V/M Massaro read Temp. Reso. #3860 by title. Richard Rubin, Consultant City Planner, said several years ago Tamarac Nursing Center received a Special Exception for a nursing center and they subsequently initiated site planning and platting of the property. He said during the processing of their applica- tion, the applicant noted that there would be a combination of nursing home beds as well as Adult Congregate Living Facilities, (A.C.L.F.) beds proposed. He said they have now entered into common agreements based upon the applicant's change in their original program. He said the applicant has requested that the City permit their plat to continue to be processed and recorded based upon the original approval for a 180-bed nursing home. Mr. Rubin said platting can stand on its own, the application is before Council with staff's recommendation for approval. He said this is zoned B-2 and is 5 acres in size and, at this time, they would be required to pay a Drainage Retention Fee of $6,860.00 and a Drainage Improvement Fee of $130.00 per acre. V/M Massaro said she has not review this material and she Special Meeting or the next C/M Stein. VOTE: had a sufficient opportunity to MOVED to TABLE this item for either a Regular Meeting, SECONDED by L YOTED AYE 41. Uniyers,ity Community Hospital - Discussion and possible action on: a) Reggning P t't' n 1 - -85 - Rezoning of lands at the rear of the hospital property, extending approximately 336.7-feet west of the west property line of the hospi- tal, from R-4A (Planned Apartments) to B-6 (Business District), utilizing the 5% flexibility rule for commer- cial development in residential land use area not to exceed 10 acres - Temp. Ord. #1220. Second Reading. (tabled from 9/30/85) 1) Acceptance of Affidavit of Publication and Affidavit of Posting 2) Consideration of application (Public hearing held 9/26/85) b) Declaration of Parking Covenant - Temp. Reso. #3862 c) Declaration of Unity of Title - Temp. Reso. #3769 (tabled from 9/30/85) - Staff recommends removal from agenda. SYNOP515 Of ACTION: ORDINANCE NO. 0-85-55 PASSED. a) 1) ACCEPTED Affidavits. RESOLUTION NO. R-85-360 PASSED. 25 11/13/85 /pm J SYNOPSIS OF ACTION: Cont'd. a) 2) APPROVED Temp. Or 220 on second and final reading. b) APPROVED. c) REMOVED from the agenda. a) V/M Massaro asked Mr. Rubin if any of this land is part of the 1) burn center property and Mr. Rubin said the item on the agenda today concerns land directly behind the hospital property and the burn center property is to the north and west of the hospital. V/M Massaro read Te o. Ord. #1220 by title. Mayor Kravitz asked the City Clerk if the Affidavits of Publica- tion and Posting have been received and she verified that they have. C/M Stein MOVED ACCEPTANCE of the Affidavits of Publication and Posting, SECONDED by C/M Munitz. VOTE: ALL VOTED AYE b) Mr. Rubin suggested the b) portion of this item be discussed first. V/M Massaro read Temp. Reso. #3862 by title. Mr. Rubin said the purpose of this rezoning is to permit University Hospital to expand its medical offices and provide additional parking for both the hospital and the offices. He said Council had agreed to permit the rezoning in the rear if it would only be used for parking purposes. He said University Hospital has submitted a copy of the Covenant to the City which would preclude that property being used for any other use. He recommended acceptance of the Covenant and the rezoning. V/M Massaro MOVED APPROVAL of Temp, eso #3862, SECONDED by C/M Stein. Mayor. Kravitz noted that even though he is a Trustee of University Hospital, he was permitted to vote on the advice of the City Attorney. OT : C/M Stein Aye C/M Munitz Absent V/M Massaro Aye Mayor Kravitz Aye a) V/M Massaro MOVED APPROVAL of TemP, OrQ,_Il= on second and 2) final reading, SECONDED by C/M Stein. VOTE: C/M Stein Aye C/M Munitz Absent V/M Massaro Aye Mayor Kravitz Aye 1 1 26 11/13/85 /pm c) C/M Stein MOVED to REMOVE the Declaration of Unity of Title, Temp.Reso. #3769, from the agenda, SECONDED by V/M Massaro. VOTE C/M Stein Aye C/M Munitz V/M Massaro Absent Aye Mayor Kravitz Aye 42. Wedgewood - Revised Site Plan - Te o - Discussion and possible action on a revised site plan reflecting addition of a slab and screen porch to Unit 2-D, 9344 Wedgewood Lane. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-85-361 PASSED. as amended. Mr. Henning read Temp. Reso. #3867 by title. Mr. Rubin said when a site plan is approved in a multi -family district, and there is a revision that would provide additional roofed area, a revised site plan is required. He said the appli- cant has submitted a new application to revise his site plan to allow a roofed enclosure with screening at the rear of their unit. He said it is sufficiently set back from the rear yard setback and staff recommends approval. V/M Massaro said the Wedgewood Condominium. Association stipulated that their approval is null and void if work does not start within 6 months from the date of that agreement. She said the City's Resolution allows them one year which creates a conflict. She said she felt the City should honor what their regulations are. Mrs. Jack Minian, resident, said the President of the Wedgewood Condominium Association, Stanley Bernard, has signed the paper approving this. V/M Massaro explained that the project must be completed within 6 months and Mrs. Minian said that would be no problem. V/M Massaro MOVED APPROVAL of TeMA. Reso. #3867 as amended in Subsection 1 B., "Commencement of construction shall be no longer than 6 months from the date of this approval and, if the develop- ment does not commence construction within this 6 month period, this approval is null and void." SECONDED by C/M Stein. UTE: C/M Stein C/M Munitz V/M Massaro Mayor Kravitz CONSENT AGENDA 7. p) Richard S. Rubin - Consulting City October, 1985 - $4,685.14 - Approval Building Official and City Manager. SYNOPSIS OF ACTION: (See Pages 2, 5, 6 & 7) REMOVED and APPROVED changing the amount from $4,685.14 to $4,420.42. Aye Absent Aye Aye Planner - Services for recommended by Chief 27 11/13/85 /pm Acting City Manager Perretti said this bill was reviewed by the City Manager's office and he recommended approval of the total invoice figure which should now be $4,420.42. V/M Massaro MOVED APPROVAL of this invoice changing the amount from $4,685.14 to $4,420.42. C/M Stein SECONDED the MOTION. VOTE• C/M Stein Aye C/M Munitz Absent V/M Massaro Aye Mayor Kravitz Aye gQ ERAL ADMIN_T,STRATIVE/FI.NANCIAL 10. IntradepartMental Budget -Transfers - TeMp. Reso. 13840 - Discussion and possible action to establish procedures for line item transfers within a departmental budget. SYNOPSIS OF ACTION: TABLED to the 11/27/85 Council meeting. City Attorney Henning requested this item be Tabled for further work by him. C/M Stein MOVED to TABLE this item to the next regular Council meeting, SECONDED by V/M Massaro. i C/M Stein Aye C/M Munitz Absent V/M Massaro Aye Mayor Kravitz Aye 16. F o 'da ue 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 10/23/85). SEYNIQPSIS OF,ACTION: APPROVED. Mayor Kravitz said this was Tabled from the last regular meeting because of the claim that this might affect the City's Compensa- tion Insurance. Mr. Perretti said the answer was that this would definitely affect the City's Insurance. C/M Stein MOVED that the City pay the annual dues and membership fee to the Florida League of Cities in the amount of $1,953.83 for FY 85/86. SECONDED by V/M Massaro. VOTE: ALL VOTED AYE 17. Browald-County League of Citigs Business -- Discussion and possible action on: a) Invoice for June solid waste assessment in the amount of $374.00 b) Reports SYNQPSIS OF ACTION; a) TABLED for an explanation of this fee b) Mayor Kravitz gave a report. 28 11/13/85 / /pm / I 1-1 a) V/M Massaro asked for an explanation of this bill and C/M Stein said this is the City's proportionate share in the Broward Lea- gue's investigation as to the solid waste disposal problem. V/M Massaro asked if the City agreed to pay part of this and Mr. Henning said a few months ago the County was soliciting proposals for resource recovery and the Broward League of Cities hired an attorney and requested a proportionate share from the cities involved. He said there was an all -day Workshop Session at the library that various elected officials attended which dis- cussed this. Mr. Henning said the League's attorney is working on the Inter - local Agreement that will eventually be presented to the City. He said the City has promised to send its garbage to the resource recovery plant for burning. He said it could be determined further what official action has been taken. C/M Stein said he is uncertain what recourse the City has since Tamarac is a member of the Broward County League of Cities. V/M Massaro MOVED to TABLE this item until the City receives a report explaining this invoice, SECONDED by C/M Stein. YoTE: ALL VOTED AYE b) Mayor Kravitz reported that all Council members received the "City Line" newspaper and there will be a meeting on 11/21/85. 18. Northwest Council of Mayors Business - Discussion and possible action. ,SYNOPSIS OF ACTION: Mayor Kravitz gave a report. Mayor Kravitz said there will be a meeting on 11/18/85 in Coral Springs with 3 agenda items: 1. Weighted Voting in the Broward League of Cities - the Com- mittee is recommending this be dropped as an issue. 2. Insurance 3. Parks and Recreation - 10 questionaires were sent out with 6 returned. When all are returned, he will request the North- west Council of Mayors goes further with a report to Tamarac of what other cities are doing. M"UP 31. ba e C l cti n Fees - Temn._Ord. #1226 - Discussion and possible action authorizing the City to assess a fee for residential garbage disposal. Second Reading. SYNOPSIS, OF ACTION: APPROVED ORDINANCE NO. 0-85-53 PASSED. on second and final reading. Public hearing was held. Mr. Henning read Tema. Ord. #1226 by title. Mr. Henning said this Ordinance would allow the City to assess residential homeowners a fee for all or a portion of the cost to the City of garbage collection and disposal. He said the City has just passed the first year of a three --year contract with Waste Management for garbage collection and disposal. He said there are two separate rates; the condominium rate, which uses dumpsters and is slightly lower than the residential rate for curbside single family homes. 29 11/13/85 /pm Mr. Henning said it was determined at the Budget Hearing that the City desired to pass some of the collection charges on to the consumer in order to balance the budget and avoid a higher ad valorem tax. He said this Ordinance would authorize Council to determine what percentage would be passed on to the residents and it provides that the charge would be collected monthly through the utility bills. He said on a straight percentage it would cost the consumer more if the garbage company sent the bill out. Mayor Kravitz opened the public hearing. Dr. Bernard Newman, resident, asked if the religious organizations are being billed. Mr. Henning said up to this point, the religious organizations have been given a 2 or 3-cubic yard dumpster collection once a week free and they are billed for anything additional at the commercial rate. He said the contract with Waste Management was negotiated for approximately 3 years and there was no provision about the churches in there when the contract price was agreed to. He said when it came to the City's attention that BFI had collect- ed at the religious organizations for free in its contract, Waste Management agreed to pick up the single dumpster once a week at no additional charge. Vickie Beech, resident, said there should be some consideration about paper collection and V/M Massaro explained that no one wanted to do this. Morton Student, resident, said he believes religious organizations should not pay any fees. Barry Eden, resident, asked what the consequences are for not paying this fee and Mr. Henning said it going to be a line item on the utility bill and if a utility bill is not paid the water is turned off. He said he would check this further. Leo Woster, resident, asked how the garbage collection is being paid for now and Mr. Henning said it is presently being charged to the City at a monthly rate and the City is paying this through ad valorem taxes and other revenues. Mayor Kravitz closed the public hearing with no further response. V/M Massaro MOVED APPROVAL of Temp. Ord— #1226 on second and final reading, SECONDED by C/M Munitz. VOTE: C/M Stein Absent C/M Munitz Aye V/M Massaro Aye Mayor Kravitz Aye 32. Bugglar A AXmr;, - TgMp Ord,, 11G6 - Discussion and possible action to regulate burglar alarm users and burglar alarm devices under Chapter 14 of the Code. Second Reading. 15YNOPS I S OF_ ACTION : TABLED to the 11/27/85 Council meeting. Public hearing was held. Mr. Henning read Temp, Ord,-#1166 by title. Mayor. Kravitz opened the public hearing. Bill Glansky, resident, asked if this Ordinance also applies to burglar alarm installers and Mr. Henning said yes. 30 11/13/85 /pm 1 1 Zeke Feldman, resident, said the City Attorney was asked at a Charter Board meeting if the businesses in the City who do not pay for violations could have their Occupational Licenses taken away. Mr. Henning said if they do not pay the City will file actions to attempt to collect. He said a collection letter has been approxi- mately 50% successful and the court remedy would be a better tool than holding up the Occupational License. Louis Kolker, resident, said he has been paying a $50.00 fee to the City for burglar alarm service and they are using American Systems. He asked if this applies to him as well and V/M Massaro said this is not a new Ordinance but has only been revised. She said the calls no longer come into the City Hall. Mayor Kravitz closed the public hearing with no further response. V/M Massaro MOVED to TABLE this item to the next regular Council meeting since there are a few corrections to be made to the Ordinance. SECONDED by C/M Munitz. Tape 6 VOTE: ALL VOTED AYE 33. Occupational Licgnsgs -- Temp. Ord. #1218 - Discussion and possible action to modify occupational license tax classifications and fees. Second Reading. Y P I F ACTION: TABLED to a future meeting. Public hearing was held. Mr. Henning read Temp. Ord. #1218 by title. Mr. Henning said this is a review of the fees charged for Occupa- tional Licenses with line item amendments. Mayor Kravitz opened the public hearing. Vickie Beech, resident, asked what the requirements are for an Occupational License for a resident in Tamarac. Mr. Henning said it is illegal to operate a business from a residential home. Irving Lopatey, resident, asked if an Occupational License obtain- ed in the City of Sunrise be used in Tamarac and Mr. Henning said that would have to be checked by the Code Enforcement Officer. Mayor Kravitz closed the public hearing with no further response. V/M Massaro said she does not like this Ordinance and she MOVED to TABLE this item to a future meeting for further review, SECONDED by C/M Stein. VOTE: L WTED AYE 34. Barry S. Edgn - &Zoning P t't' n - -85 - TgmP-. QKd. 1 28 -- Discussion and possible action to rezone the lands on the north side of McNab Road, approximately 500-feet east of NW 84 Avenue, from B-6 (Business District) to B-1 (Neighborhood Business). First Reading. a) Acceptance of Affidavit of Publication, Affidavit of Mailing and Affidavit of Posting. b) Consideration of application. SYN.QPk9I FACTION: a) ACCEPTED Affidavits. b) TABLED for receipt of an appropriate site plan. Public hearing was held. 31 11/13/85 /pm a) Mr. Henning read Temp. -Ord. tlg28 by title. Mayor Kravitz asked the City Clerk for verification of receipt of Affidavits of Publication, Mailing and Posting and she said yes. C/M Stein MOVED ACCEPTANCE of the Affidavits, SECONDED by C/M Munitz. VVOT. E = ALL UTED AYE b) Barry Eden, petitioner, said this item was on the Council agenda approximately G months ago and, at that time, the Council recommended this process take place before the site plan be considered. He said this is pursuant to the Weissing decision. C/M Stein asked Mr. Rubin if the City has the rezoning. Mr. Rubin said G months ago Mr. Eden submitted a concept site plan to the City on the lands on the north side of McNab Rd., east of the present shopping center requesting that the property be zoned for financial purposes. He said Council reviewed the site plan and determined that it would be best for the City to permit the rezoning to B-1 for financial purposes if Mr. Eden would agree to abide by all City Ordinances with 1985 standards. Mr. Eden said based upon that, Council authorized the City Attor- ney to enter into a Stipulation under Judge Weissing's original Court Order. He said one of the items in the Stipulation stated that Mr. Eden shall pay an application fee and submit an applica- tion to rezone the property to B--1. He said he has now submitted an application to do this and the Planning Commission is recommending approval. C/M Stein asked for an explanation of "financial purposes" and Mr. Eden said it was the uses under the present zoning Ordinances of the City for B-1. He said the rezoning is being done to conform to the zoning pursuant to Court Order. Mr. Rubin said the rezoning to B-1 would allow retail uses as well as financial uses. He read from Stipulation #19, Paragraph 2, "Woodmont Center Associates is petitioning the City for rezoning to B-1 zoning as compliance with City Code. Our final site and development plan for the property shall be processed simultaneously with the rezoning petition to be initialled by the applicant." Mayor Kravitz opened and closed the public hearing with no response. C/M Stein said since there is no site plan before Council, he MOVED to TABLE this item for receipt of an appropriate site plan. V/M Massaro SECONDED the MOTION. VOTE: ALL VOTED AYE 32 11/13/85 j /pm J 35. Paul and June Abel, SidneySbsjPijQ„_sjp�_Elaine Levenson - RPgoning Petition #23-Z-85 - Temp. Ord. #1229 - Discussion and possible action to rezone the Tamarac Shopping Plaza located at the northwest corner of Commercial Boulevard and NW 66 Terrace from B--1 (Neighborhood Business) to B-2 (Planned Business). First Reading. a) Acceptance of Affidavit of Publication, Affidavit of Mailing and Affidavit of Posting. b) Consideration of application. SYNQPSIS OF ACTION: a) Acceptance of the Affidavits was withheld pending receipt of the Affidavit of Posting. b) TABLED so that the City Attorney can research what can be done to assist the tenant. Public hearing was held. a) Mr. Henning read Temp. Order#1229 by title. Mayor Kravitz asked the City Clerk for verification of receipt of the Affidavits and she verified receipt of all except the Affi- davit of Posting. Mr. Eden said he would do that immediately. Mr. Rubin said on 7/24/85, the owners of the establishment were notified that one of the uses in the center; that is, Fenton Decorators, is a B-2 use in a center that is zoned B-1. He said the City allowed them 3 months to resolve this deficiency and the applicant has submitted a rezoning application to the City to rezone the property from B-1 to B-2. He said at the. Planning Commission public hearing, there was a Motion to recommend the rezoning from B-1 to B-2; however, if the decorator should move from the center, the rezoning should be reversed to B-1. He said this is not permitted in the City and staff has recommended that the stores along Commercial Blvd, should be zoned B-2 and he recommended the rezoning be approved for the center. Mr. Rubin said Mr. Eden said he would agree that if that tenant moves he would initiate a rezoning back to B-1. V/M Massaro said the Council cannot accept that. Mayor Kravitz opened the public hearing. Martin Schoenfeld, member of the Planning Commission, said this shopping center is completely non --conforming in many aspects. He said it is old and many conditions are grandfathered in. He said did not feel it was proper to open this area up to all uses of B-2. He said Mr. Eden agreed that the rezoning to B-2 would only permit only uses in B-1 except that of the upholstery shop. Mayor Kravitz closed the public hearing with no further response. C/M Stein said Council cannot grant spot zoning and the only way this can be resolved is to grant a non -conforming use to this particular tenant. Mr. Rubin said the State Statute #163 also states that a variance cannot be issued for a specific use in a zoning district; therefore, the second alternative would not be permitted. V/M Massaro said perhaps the Council could legally give the tenant a certain length of time to vacate that particular use but this should be researched further. She MOVED to TABLE this item so that the City Attorney can research what can be done to assist the tenant. SECONDED by C/M Stein. VOTE: rm-W1610.0r 33 11/13/85 /pm V 36. NW-57-Street - S -Curve_ at Commegcial_Boulevagd -- Petition - -85 - ZQmp,_Ord. #1215 -Discussion and possible action to vacate a portion of. NW 57 Street right--of-way. Second Reading. SYNOPSIS OF ACTION: HELD action pending a decision on Item #37. (See Pages 35 & 36) Public hearing was held. Mr. Henning read Temp.-Ord.#1215 by title. Mr. Henning said the adjoining property owners on NW 57 St. are requesting the City vacate that right--of-way, which is approxi- mately 106-feet in length. He said the two adjoining property owners on the east and west of this roadway would join together for a single development of the property. He said before the development could be completed, the City must indicate that it would vacate or release this right -of --way. He said under Florida law, the center line is drawn on the right-of-way and the right - of --way east of that line goes to the eastern.property owner and the right-of-way west of that line goes to the western proprty owner. Mr. Henning said the City staff and Council have worked with the owners to receive a unified plan with certain deed restrictions in exchange for vacation of the right-of-way. He said he has a revised Ordinance which changed the effective date to place certain conditions on the actual approval of the this. He said there is a Development Agreement on this agenda, Item #37, which sets the terms and conditions of the improvements to the property. Mayor Kravitz opened and closed the public hearing with no response. V/M Massaro said there were two corrections brought in today to Pages 3 and 5; however, they used the revision date of 11/11/85, which is the original revision date. She suggested the changes be read into the record for clarification. Harry Stiefel, Vice President of Bermuda Club, said he felt the residents should have the right to speak after the revisions are known to the public. Mayor Kravitz said he would reopen the public hearing to allow that if anyone was interested. DMMTJNITY_DEVELOPMENT 37. NW 57 Street - S-Curve_at_.Commercial-BoDlQvard - Dis- cussion and possible action on a Developers Agreement with covenants and restrictions - TeMp. peso,#3 8 (tabled from 10/30/85) SYNOPSIS -OF ACTION: APPROVED RESOLUTION NO. R-85-359 PASSED. as amended. Mr. Henning read Temp._Reso,_ 43784 by title. Mr. Henning said Exhibit B to the Agreement shows of land and the S-curve. He said the two parcels right-of-way will be developed under one site plan of ingress and egress from Commercial Blvd. at the the S-curve is. the two parcels adjoining the with one point curb cut where 1 34 11/13/85 /pm Mr. Henning said there are various deed restrictions as to uses that have been prohibited to be placed on the property, such as, "auto tag agencies, licensing bureaus, bondsmen, bottled gas with outside storage, churches, places of worship, Sunday schools, convents, parish houses, cocktail lounges without restaurants, engine, diesel or gasoline sales and service stations, funeral homes, ice distributing depots, video games, or convenience stores". Mr. Henning said the developers have agreed to make a contribution to the City of $40,000.00 towards the traffic impact for the Traffic Light Fund. He said the cul-de-sac will be redesigned and constructed at the northern portion of the property so that there will be a turn -around on NW 57 St. He said the property will be platted and the right--of-way area will be included in the plat. He said there are 8 trees presently in the right-of-way and they will be removed and relocated to Tamarac's Veterans Park. He said that area is to be located by the City at the cost of the dev- eloper. He said there will be a 6-foot wall continuous along the northern property line separating the parcel from NW 57 St., some of which is required by Ordinance already and the remainder is required by this deed restriction and agreement. Mr. Henning said all this is to be accomplished up to site and plat approval within 18 months from today, on 5/13/87, or this will be null and void. V/M Massaro said it should be noted that the plat is to be record- ed in the public records of Broward County prior to final site plan approval. She said even though the money for the traffic light does not have to be paid until site plan approval, according to City Code, they must pay for retention and drainage improvement at the time of platting. V/M Massaro MOVED APPROVAL of Temp. Reso. #3784 with Pages 3 and 5, which were revised on 11/13/85 and incorrectly dated 11/11/85. SECONDED by C/M Munitz. Mr. Henning said Mr. Brady raised an issue about the platting and whether or not the right-of-way could be vacated before it was platted. He said he indicated to Mr. Brady that the City would be happy to execute any appropriate agency papers to authorize Mr. Brady to go to the County to have this platted. Mr. Brady said they are prepared to live with the agreement just as it is written. VOTE: C/M Stein Absent C/M Munitz Aye V/M Massaro Aye Mayor Kravitz Aye PUBLIC HEARING 36. NW 57 Street - S-Curve.gt Commercial boulevard - Petition #3-V-85 -.Tc p, Qrda M15 - Discussion and possible action to vacate a portion of NW 57 Street right-of-way. Second Reading. SYNOPSIS OFACTION: (See Page 34) APPROVED on second and final ORDINANCE NO. 0-85-54 PASSED. reading. 35 11/13/85 /pm Mr. Henning said the first page of this revised Ordinance is identical and Section 4 reads, "This Ordinance shall become effective upon the approval by the City. Council of the final site plan for the adjoining two parcels, the -conveyance of the utility easement for the vacated right -of --way and, upon payment of the agreed traffic impact contribution of $40,000.00, which shall occur no later than 5/13/87." Mr. Stiefel said there would have to be ingress/egress from NW 57 St. and V/M Massaro explained this was changed because at the time the Ordinance was originally drafted, they only had an ingress there. She said the Council stipulated that both ingress and egress must be at the same point and they can not make two or three exit cuts onto Commercial Blvd. She said the only thing they are allowed there is a walk gate in the area that will be vacated, which must be kept locked except for maintenance. V/M Massaro MOVED APPROVAL of Temp. 0gd. #1215, SECONDED by C/M Stein. Tape 7 VOTE: LEGAL. AFFAIRS NIAMV09�. 30. Ggrbage Cgllegtion.Fegs - Temp,_ Reso._ #3841 - Discussion and possible action to assess a residential garbage collection and disposal fee. SYNOPSIS OF ACTION: APPROVED in the amount of $3.00 per month for single family homes and $1.42 per month per condominium unit. Section 1 will include the rate of 50% with those amounts in Section 2. The effective date will be 10/l/85. RESOLUTION NO. R-85--358 PASSED. Mr. Henning read Temp. Reso. #3841 by title. Mr. Henning said there was an increase by the County and Waste Management for the tonage tipping charge, which was effective 10/1/85 and was passed on to the City. He said this raised the total rate to $6.01 for the curb side homeowners service and $2.84 for the dumpster service to the condominiums. He said the City must make a determination of a percentage and a 50% pass through to the homeowner was discussed. He said this would be $3.00 per month for the single family curb side service and $1.42 per month per condominium unit. Mr. Henning said the Resolution must be amended in Section 1 to include the rate of 50€ and, in Section 1, the amounts of $3.00 and $1.42. V/M Massaro MOVED APPROVAL of so 3841 as indicated, SECONDED by C/M Stein. C/M Munitz asked if a date should not be indicated as to when this billing should commence and Mr. Henning said the question is whether it is billed in arrears or billed in advance. He said the water consumption is billed in arrears and V/M Massaro said this should be effective 10/1/85. ALL VOTED AYE 1 1 I-J, 36 11/13/85 /Pm ��� COMMUNITY DEVELOPMENT 38. Hiddgn _flgllgyj I -- Discussion and possible action on: a) Site Plan - Teml?. Regg, 13850 b) Plat - Tem. Reso.85 c) Landscape Plan d) Water and Sewer Developers Agreement e) Water Main Easement - Temp. Reso. #38.52 f) Sanitary Sewer Easement - Temp.Reao,_#_383 g) Public Safety Ingress/Egress Easement - Temp, Reso. ##38544 (Project proposed for the north side of Westwood Drive at NW 98 Terrace). SYNOPSIS OF ACTION: a) DENIED. TABLED b) through g). a) Mr. Henning read Temp. peso. #3850 by title. Richard Potash, Attorney representing Cardinal Industries, said he attached the latest revised version of the subject site plan to the board for viewing by the Council and public. He said this is a proposed residential, multi -family rental development comprising a total of 56 units located on Westwood Dr. near 98 Ave. He said there have been several prior meetings including a Workshop on 10/22/85 concerning this development. Mr. Potash said he received a copy of the Development Review Status Sheet on 11/8/85 and he had the following comments: -- the conditions contained on Page 4, specifically Items 2 and 3, were accomplished previously. He said those are the recommendation of the Fire Department to flare the entrance to emergency access lanes for better accessibility and bringing a fire hydrant closer to Building 2 so that it could be within 300--feet. - the balance of the staff comments and recommendations prior to the Development Review Status Sheet were all accomplished and incorporated into the final submittal before the City. Mr. Potash said this also included certain restrictions of record which were achieved between his client's predecessor in title and the City in the summer of 1984. He said in the conditions portion of the Development Review Status Sheet, there is a recommendaton from the City Planner regarding relocating the gang mailboxes off the sewer easement and that was accomplished. However, he said, a drop off lane adjacent to the mailboxes was not provided on the final plan. Carl Alper, Planning Commission member, said this proposed site plan is to erect 56 modular rental apartments with no recorded restrictions concerning children. He said 52 of the 56 apartments are to be one -bedroom apartments and he felt this was an immoral situation. He cited problems with parking and traffic and noted that he was opposed to this development. Larry Bender, Chairman of the Planning Commission, said he desig- nated Commissioner Schoenfeld of the Planning Commission to speak on this item since he has completed an extensive study on this item. Martin Schoenfeld read his statement which noted that the site plan for Tract 41 does not conform to the Code for traffic circulation. 37 11/13/85 /pm Mr. Schoenfeld read, "The parking area shall be located so as to minimize conflicting movements between vehicles manuevering in parking isles and those vehicles traveling into, out of or through the site. The use of parking isles as the principal means of on - site vehicular circulation is prohibited. Individual parking spaces shall not have direct access to local or collector streets. Bays, islands and minor loops are the recommended methods for handling the parking." Mr. Schoenfeld said there was a Declaration of Restrictions entered into on 6/27/84 between the City and Leadership Housing for this property. He said Paragraph 7 of that Declaration states, "Parking shall be provided in accordance with Tamarac's current Code of Ordinances." He said when he pointed out to Mr. Potash that the site plan did not conform to this, he stated that Paragraph 7 referred only to Chapter 28, which is off-street parking. He said Mr. Potash stated that Chapter 28 is a zoning Ordinance and zoning was controlled as per Court Order by 1972 County Ordinances. Mr. Schoenfeld said he made a study of the Court Orders of 1973, 1974 and both 1976 Orders and, the Order of 8/27/76 was an Order on Motion for Clarification of the rights and obligations of Leadership on lands owned by them in Land Sections 4, 5 and 6. He said Tract 41 is covered by this Order and Exhibit D of this Order lists Ordinances of the City that apply to these lands. Mr. Schoenfeld said one of the Ordinances listed is 0-73-46 and he read the following: "Multiple Structures - Special Exception" with the exact wording that appears in. Chapter 28-86 of the Code. He said regardless of the interpretation of Paragraph 7 of the Declaration of Restrictions, the applicant is bound to design his off-street parking in accordance with 0-73-46. He said this was not done and, therefore, it does not conform to the Court Order. Mr. Schoenfeld said Ordinance 85-4 increases the parking require- ments for one bedroom apartments from 1.5 to 2 and two bedroom apartments from 1.75 to 2. He read from Ordinance 85-4, "This Ordinance shall be effective immediately for all developments that have not yet submitted a concept site plan for staff review by the City. Of those concept site plans already submitted for such staff review, this Ordinance shall not apply if final site plan approval is obtained from the City Council by September 25, 1985." Mr. Schoenfeld said obviously final site plan approval was not obtained by 9/25/85 and it is apparently the applicant's conten- tion that the City improperly delayed the processing of the application and that might have some bearing on applying the time limit to this application. He said none of their submissions conformed with Section 5.13 of Ordinance 73-46 as per the Court Order. Mr. Schoenfeld said if there is any delay it would seem to be caused by Cardinal Industries submitting a faulty application and the City cannot approve a faulty application. He said Cardinal Industries must also comply with the increased parking require- ments of Ordinance 85-4, which increases the amount of parking per apartment. Mr. Schoenfeld said Cardinal's construction is single family modules produced at its factory and is very inflexible. 38 ll/13/85 /pm Mr. Schoenfeld said it is possible that Cardinal is fighting the application of these Ordinances through this development because by complying with them they will have to reduce their density, possibly to the point of being economically unfeasible. He said the reduction of density is caused by their inflexibility and there are many legal layouts and construction that could be used to attain their permitted density and still abide by the requirements. Mr. Schoenfeld said the Special Exception that was mentioned before, Ordinance 73-46, has many more conditions than just the parking aspect. He said Council approval must be given to permit the special exception and the Ordinance states that it may be granted, not that it must be granted. Mr. Rubin said on the Declaration of Restrictions for Tract 41, Item #8 states that at the time of platting, which is on today's agenda, the applicant must pay the City Park and Recreation fees in the amount of $95.00 per unit. Mr. Schoenfeld said according to Section 10 b) of ordinance 73--46, they are supposed to donate monies for park and recreation uses. He said there are many other conditions for the multiple excep- tions that should be studied for this and future developments in Land Sections 4, 5 and 6. Mr. Schoenfeld referred to Page 8 of Judge Weissing's order, Paragraph D, Subsection D, "Ordinance #74-31, Impact Analysis, is inapplicable except that the provisions thereof as the same exist as of the date hereof shall be applicable to said lands, only with respect to applications filed after January 1, 1977, which seek a special exception, variance or rezoning pertaining to those lands." He said this discussion about Ordinance 73--46 is called a special exception and, therefore, as of the Court Order, Cardinal should have submitted with the application, an impact analysis. He said this would have been pursuant to Ordinance 74-31; however, they did not. Mr. on 1. 2. 3. Schoenfeld urged Council the following grounds: It does not conform with 73-46. It does not conform with Ordinance 85-4. to deny final site plan for Tract 41 parking requirements of Ordinance off-street parking requirements of The applicant did not submit an impact analysis, as per Ordinance 74--31, as required by Court Order. Norman Abramowitz, President of the Woodmont Property Owners Association, said this year 2500 rentals are being built or are proposed to be built in Tamarac. He said he is concerned whether the services in the City can handle this influx. Florence Bochenek, Chairperson of the Beautification Committee, said on 11/21/85 the City is having a dedication of the Tamarac Turnpike where the beautiful landscaping has just been concluded. She said every project must have Landscape Plans and minimal requirements are detailed. She said the applicants to the City have always agreed to upgrade their projects above the minimal standards when requested to do so by the Beautification Committee. She said this is the only project that has gone by the minimal requirements. She said the Beautification Committee did approve the plans because they did meet minimal requirements; however, they made many suggestions which would have made this project nicer. 39 11/13/85 /pm a v) V/M Massaro said Tract 41 is subject to the Declaration of Restrictions as recorded on 8/28/84. She said Item 7 of these restrictions stipulates that parking shall be provided in accord- ance with Tamarac's current Code of Ordinances. She said this project should have appropriate circulation as provided in a former 28-86, which is now Chapter 18. She said this project should provide for parking according to Ordinance 85-4. She said since final site plan was not approved by 9/25/85, this project does not comply with the vehicular circulation provided for in Ordinance 73-46. She said this was agreed to by Leadership in their Motion for Clarification in August, 1976. V/M Massaro said this site plan should be DENIED and she so MOVED, SECONDED by C/M Munitz. C/M Stein said in addition to all the reasons stipulated by the Vice Mayor, the question of having adequate services for an additional 2500 units in this City is very suspect. He said he felt it would be foolhearty to grant anyone any site plans or permits until it is known exactly what services are available. He said he feels Council has a duty to investigate whether the sewer plant and water facilities are adequate for the amount of people proposed to move into the City. Mr. Potash said C/M Stein's comments have an impact on the other developers who would like to build rental developments in Tamarac; however, the concern for the availability of services should affect any building in the City. He said this was a concern to Cardinal Industries and they specifically requested in writing and received confirmation in writing that those services were avail- able. Mr. Potash said in the City Code the City has a number of charges Tape 8 among which are CIAC charges which levies upon developments, at the time of approval of Development Plans, precisely so that the City will not have to raise taxes for the balance of the City to pay for services required by any particular development. He said this small development of 56 units would have a CIAC charge in excess of $60,000.00. Mr. Potash said he agrees with some of Planning Commissioner Schoenfeld's comments concerning vehicular circulation and park- ing, especially in terms of quoting the Court. Orders as they pertain to Sections 4, 5 and 6 of the City. He said he does not acknowledge Commissioner Schoenfeld's characterization of Mr. Potash's prior comments since he did not accurately anticipate what his arguments to the City would be. Mr. Potash said this project is being planned, in terms of vehi- cular circulation, similarly to the remaining projects the City has approved in the past that fall within the perameters of the Court Orders. He said on Page 30 of the City's Master Land Use Plan, there is an acknowledgement that with the exception of 48 specific parcels enumerated on Exhibit A of the subject order, the balance would be allowed to deviate from some of the standards Commissioner Schoenfeld mentioned. Mr. Potash said the type of Special Exception Ordinance procedure that the City has, which does not apply, would prohibit, in effect, development of multiple structures on a parcel of land, unless the Special Exception was granted concurrent with Site Plan approval. 40 11/13/85 /pm Mr. Potash said Ordinance 73-46 was a revision to the original City Ordinance creating this type of residential district and this allows only one principal building upon a plot with a permissive Special Exception procedure for multiple structures. He said the same page of the Court Order that Commissioner Schoenfeld referred to states, "That any provisions of the above listed Ordinances (the list that contained Ordinance 73-46), which would prohibit more than one building or dwelling unit upon any lot, tract, plot or parcel of land are inapplicable, provided access to a public street is always maintained." Mr. Potash said the alternative standards for vehicular circul- ation and ingress and egress to the site as contained in the City's old platting Ordinance 71--22, in the subdivision improve- ment Ordinance, which is attached to Ordinance 71-22, have been adhered to and have been acknowledged by City staff including the City Engineer with respect to the propriety of the same. Mr. Potash said concerning Ordinance 85-4, which was approved in June, 1985, the argument that the Declaration of Restrictions requires the developer to comply with the current City Code of Ordinances, could be debated at length. He said the question of whether the word "current" meant current at the time the Declara- tion of Restrictions was entered into or current at some later time. He said he does not believe the characterization could be something that is not current when the Development Plans are submitted. He said if Ordinance 85-4 were passed today, the tenure of the Council seems to suggest the site plan would be Denied because it did not comply with the Ordinance. Mr. Potash said Cardinal Industries submitted its development applications in good faith based upon the Declaration of Restric- tions, which specifically said that current parking, pursuant to City standards, was applicable. He said they deviated from Ordinance 71-9 and the Court Orders in making that application. Mr. Potash said these plans were before the Planning Commission on 9/4/85 and the original Development Review Status Sheet was prepared 9/13/85 for consideration by the Council at the 9/26/85 Council meeting. He said the fact that Tract 41 was not agendized is to no fault of Cardinal Industries. He said to state that this was not agendized for approximately two months thereafter, and, therefore, the plans do not comply with the Ordinance, is inequit- able and contrary to accepted legal principles in Florida. Mr. Potash said not due to the provision of Ordinance 73-46, but due to the Restrictive Covenant, the Recreation Fee for the units under consideration here has been paid to the City already. He urged Council to favorably consider this site plan as revised to conform to the City staff's recommendations. Mr. Rubin said the Development Review Status Sheet was originally prepared and submitted to the Planning Commission and during their hearing, there were points raised concerning the parking circula- tion. He said based upon those comments, at the 9/4/85 Planning Commission meeting, they recommended Denying the site plan and approving the plat. He asked Council to make the following changes to the Development Review Status Sheet dated 11/8/85 now: 1. The proposed development is not in general conformance with the Land Use Plan. 2. Instead of the word "Adoption" of the Development Order, to recommend "Denial" of the Development Order. 41 11/13/85 / /pm J 3. To state the specific reasons which are that the circulation system is not consistent with present Code of Ordinances nor is the total quantity of parking spaces consistent with City required parking standards. Mr. Rubin said Mr. Potash stated that the City prepared this Ordinance after they submitted their application; however, it was during the original project, Greenview Apartments, that the Planning Commission considered changing the parking standards and circulation to prevent backing onto the main road for traffic safety reasons. He said Hidden Hollow was the second project submitted by Cardinal Industries and, at that time, they were well aware that the City was changing the standards. Mr. Henning asked Mr. Rubin if Cardinal Industries has provided a parking isle and Mr. Rubin said the drawing they submitted for final site plan approval shows a circulation system that is looped and there would be backing of cars onto the main driveway on the entire loop system. He said there would be no area with a straight driveway. He said in addition to the circulation system they provided location of the mailboxes that also will require cars to park within the main driveway. He said the City staff has recommended placing driveway spaces with asphalt approximately 12- foot wide and 40-feet in length next to the main driveway so that cars could park there safely to pick up their mail. He said the applicant did not wish to change their plan. Mr. Potash said Cardinal would agree to change their plan concern- ing the mailbox problem. Mr. Henning asked Mr. Potash if he was aware that there was an advertised Public Hearing before Council this morning and Council raised the connection charges $110.00 per ERC to $1,640.00 per ERC. He asked Mr. Potash if he would agree that Cardinal Industries would be subject to the increased rate on the Water and Sewer Agreement. Mr. Potash asked if that was addressed in the Declaration of Restrictions and Mr. Henning said he does not believe it is. Mr. Potash said if the Council were to favorably approve the project at this time he would urge his client to pay the addition- al fee. Mr. Henning said that rate has been established this morning and it is Council's position that it would apply to all projects from now on. Mr. Potash referred to the bottom of Page 2 and the top of Page 3 of the Declaration of Restrictions, C V, which contains language that might justify the City's position in that regard. Mr. Henning said this Declaration of Restrictions being discussed was entered into on 6/22/84, was signed by Mayor Kravitz on 7/30/84 and recorded in the public records on 8/28/84. He asked Mr. Potash if there was a question whether the current Code of Ordinances relates to the date of recording or the date of the approved site plan. Mr. Potash said he questions whether a Court would construe that language as meaning the Code in effect at the time that the Declaration of Restrictions was signed and recorded or at the time that applicant was making the submittal. He said any subsequent date, such as the date of approval, etc. would mean there would be no degree of certainty regarding the submittal unless there was a firm idea of what the governing Ordinances were. 42 J 11/13/s5 /pm 1 Mr. Potash said from the time a plan is originally submitted to staff to the time of approval, the Council could pass Ordinances that void the plans avoiding getting approval. Mr. Henning said if the Ordinances were specifically directed at one particular development, that argument could be made but there is nothing in the City Code to suggest that. Mr. Potash said the latest pos- sible date for that provision would be the date of submittal. Mr. Henning said the City has already approved one Cardinal Industries development on Southgate Blvd. and Mr. Potash said that development was not within the parameters of the Court Orders and has the identical type of vehicular circulation as this one does. Mr. Henning said that particular development does enter onto a 4- lane divided roadway. Mr. Potash said yes, it has dual entrances with one on Southgate Blvd. VOTE: ALL VOTED AYE C/M Stein MOVED to TABLE Items b) through g)r SECONDED by V/M Massaro. VOTE: C/M Stein Aye C/M Munitz Absent V/M Massaro Aye Mayor Kravitz Aye b) V/M Massaro asked Mr. Rubin if Cardinal Industries submitted a check for $5,320.00 in October for the Parks and Recreation Fee and Mr. Rubin said yes, they did. V/M Massaro MOVED that the City refund the amount of $5,320.00 to Cardinal Industries with that money being submitted at the time the plat is approved. SECONDED by C/M Stein. y.,QTE : ALL y, T2 ED AYE 39. greenview Apartmgnts - Discussion and possible a) Site Plan - Temp. Rpso. U$55 b) Plat - Temp. Reso. #3855 c) Landscape Plan d) Water and Sewer Developers Agreement e) Water Main Easement - Temp. eso, #3857 f) Sanitary Sewer Easement - Temp. Reso. #3858 g) Petition #4--V-85 - Vacation of a portion of way - Temp. Ord. #1231. First Reading. (Project proposed for the west side of Nob Hill NW 80 Street and NW 81 Street) Y P I F ACTION: a) DENIED. TABLED b) through g). a) Mr. Henning read TemR. Reso.3855 by title. action on: road right -of - Road between Mr. Henning suggested for the sake of the record that a presenta- tion be made; however, to avoid repeating the same comments as were made previously regarding Item #38, a statement could be made to include all comments made previously on that item. Mr. Rubin said this property is zoned R-3, is 9.83 acres in size and is located south of Southgate Blvd. on the west side of Nob Hill Rd. between NW 80 St. and NW 81 St. 43 11/13/85 /pm Mr. Rubin said the Planning Commission reviewed this item on 10/2/85 and recommended Denying the site plan. He said there are 128 rental units proposed on this property and he referred to Page 4 of the Development Review Status Sheet, with the following changes; 1. The development is not in general conformance with the City's Land Use Plan. 2. City staff does not recommend adoption of the Development Order because of lack of parking circulation and the quantity of parking spaces. Mr. Rubin said in addition to those two items there is a question of a right-of-way that was originally adopted in 1911 and runs north and south through this property. He said this needs to be property vacated to avoid homes being built on top of the right- of-way. Larry Bender, Chairman of the Planning Commission, said Com- missioner Schoenfeld will elaborate on this item. Carl Alper, Planning Commission member, said any delays imposed on the appli- cant were not imposed by the Planning Commission and any adjourn- ments are at the request of the attorney for the applicant or with his consent. Planning Commissioner Schoenfeld said the site plan does not conform to the City Code and Court Orders; however, the circula- tion of this development is not covered by Section 28-86 because this is an R-3 development and not R-4A. He said for R-4A he quoted Ordinance 73-46; however, in Exhibit D of the Court Order, he found Ordinance 74-24 relating to R-3 districts. Commissioner Schoenfeld read Paragraph 2 of Ordinance 74-24, which states, "Multiple dwellings including multiple dwelling develop- ments under the Special Exception provisions of Section 5.13 of this Ordinanace and subject to the procedures and limitations contained therein." He said this Ordinance then brings R-3 developments into the same category as R-4A. He said, therefore, all his previous comments about the multiple housing parking and circulation as well as an impact analysis apply here. He said, therefore, this site plan does not conform with the Court Order. Commissioner Schoenfeld said one area where this site plan differs from Tract 41 is the absence of any mention of parking in the Greenview Stipulation. He said in the past the Planning Com- mission has relied upon the verification that the statement in Judge Minnet's Order, "...excepting parking where applicable, City Ordinances apply." He said this applies to parking Ordinances at the time of development. Commissioner Schoenfeld said the applicant takes the postiion that it means City parking Ordinances in effect in 1972 and he cites Judge Weissing's ruling of 6/3/83 regarding Tamarac Square West Shopping Center. He said it is his recollection that the subject matter of that case was zoning and parking did not enter into the discussion. He said it is also his understanding that Mr. Potash wrote the Order to be signed by the Judge and inserted this provision. He said it is his opinion that this provision went through because of someone's oversight. Commissioner Schoenfeld said he would suggest that in the hearing and action brought by Cardinal Industries, the City should request a change by Judge Weissing to insure that the remaining undevelop- ed lands in Sections 4, 5 and 6 be developed in accordance with the present Chapter 18. 44 11/13/85 /pm 1 [l Commissioner Schoenfeld said in Judge Weissing's order of 11/4/74, he stated, "In reaffirming Judge Minnet's decision that there has been no substantial changes in condition affecting the health, safety or welfare of the citizens." Commissioner Schoenfeld said this decision basically effected land uses and zoning, which has less effect on health, safety or welfare of the citizens. He said better means of protection, such as fire lanes, increased parking and many other items have been added to the parking Code since 1972. He said the population has also increased tremendously and he felt Judge Weissing would find it difficult not to change his ruling when a change would obvious- ly afford better protection for the people. Commissioner Schoenfeld said should the Council decide not to Deny the site plan, he noted that there was a right-of-way easement on the property which is not shown on the plat and site plan. He said even if Council approves the vacation, it is not final until Broward County, who owns the easement, approves the vacation. He said, therefore, if Council approves the site plan and plat, they should withhold final action until Broward County approves the vacation. He urged Council to Deny the plan. Richard Potash, Attorney for the applicant, said because of the time restraints he will not repeat verbatim what has already been said. He said he was concerned that Commissioner Schoenfeld stated that there is no indication on the Plat concerning the right--of-way and he referred to Page 2 of the Plat, Paragraph 4, "An express purpose of this Plat is to close, vacate and abandon from public use that portion of rights -of -way, if any, shown on the Plat of Florida Fruitlands Subdivision #2...11. Mr. Potash said because it was shown on the plat the City staff required his client to process the vacation of this right--of-way. He said it was their initial position that this only needed to be vacated at Broward County since there has been no other instance since the 1911 Florida Fruitlands Co. Subdivision where the City has vacated. He said there are numerous developments within the City of Tamarac where there are existing homes and other struc- tures which lie on top of the same right-of-way. He said it was because Cardinal Industries indicated the existence of the right- of-way and their intention to have it vacated before the County, that the City took the position that it wanted to also consider the vacation. He said rather than be delayed any further, they agreed and that is why it is on today's agenda. Mr. Potash said in every instance where this has been brought to the County's attention, has indicated a willingness to vacate the right-of-way. He said he disagreed with Commissioner Alper's remarks and the record will not bear him out concerning Greenview development that the applicant created delays and that Mr. Potash acknowledged that the Planning Commission did not. Mr. Potash said it upsets him that the lack of fire lanes as something terms of the application of Chapter access, pursuant to Chapter 18, as made their application to the City, prior Fire Department comments had Orders. Commissioner Schoenfeld noted the City should consider in 18 of the Code. He said fire it existed at the time they was adhered to and all of the something to do with the Court 45 11/13/85 /Pm./ Mr. Potash said each one has been complied with by Cardinal Industries because they want the development to be safe. He said they even complied with the City's revisions to the Fire Code that were passed in September of this year with one small deviation. He said they do comply with the Fire Code in total as it existed at the time these plans were made. He said his client was not bound to comply with this. Mr. Potash said vehicular circulation was a concern for the City staff and the negative comments were removed when they substan- tially revised the plan to relocate the intersection and place the cul-de-sac to further vehicular circulation. He said after those major plan revisions were accomplished, the staff receded from their prior negative comments concerning vehicular circulation. He said this project, to a limited degree, is governed by existing restrictive covenants. He said the material one being that no individual permanent resident is allowed under the age of 16 years. He said this has been in existence since the mid-70's and was placed there in connection with a rezoning in the City by the predecessor of Cardinal Industres. Mr. Potash said the remarks today from the City Planner and the Planning Commissioners concerning the 10/2/85 Planning Commission meeting and the reasons for the recommendation of the Denial of the site plan are absolutely false and untrue. He said the minutes will show that there was a lengthy discussion concerning the right-of-way vacation and, because the Planning Commission determined that they would recommend that the right-of-way not be vacated, there was no discussion concerning the site plan. Mr. Potash said it was the feeling of the Planning Commission that the right-of-way would be brought to the Council for their con- sideration. He said there was no discussion concerning the site plan at that meeting and the prior discussions concerning the preliminary site plan resulted in a recommendation of Denial for reasons other than anything discussed today. He said that was ultimately corrected and the preliminary site plan was approved. Commissioner Schoenfeld said he never said there were no fire lanes but whenever this goes to trial in December, the Judge should consider changing that particular section of Judge Minnet's ruling of 1972 concerning accepting applicable City parking Codes. He said he would like a verbatim copy of Mr. Potash's comments concerning his realization that there had to be a change from the 1972 Ordinance to provide better fire access in relation to current fire equipment. He said he would like the record to show that. Joe Shares, resident, asked how many single apartment dwellings Cardinal Industries has planned for Greenview and V/M Massaro said 128. Mr. Henning said it would be advisable to clarify for the record how many units in the total density are one bedroom, two bedroom, etc. Mr. Potash said there are 102 one -bedroom units proposed and 26 two -bedroom units for a total number of 128 units. Harold H. Newman, resident, said the right-of-way property is 30- feet wide and approximately 300-feet long. Mr. Potash said that is right. Mr. Newman asked if a vacation of the right-of-way is received from the County, who would own that property? He ques- tioned if the applicant would be permitted to build on that property in lieu of the fact that the people living in Section 24 have in their deeds that there must be a distance from the right- of-way. 46 11/13/85 /pm V/M Massaro said the traffic circulation as has been provided on the site plan for Greenview, Tract 2, is not in conformance with Ordinances 74-24 and 73-46. She said there is insufficient parking as required by Ordinance 85-4. She said during one of the Planning Commission meetings, there was a resident who said she lived in the area of this right-of-way and she depended on that being an open area permanently. She said she is not sure the City has the right to vacate the road right-of-way and this may have to go to the Courts for a decision. V/M Massaro MOVED that Temp. Reso. #3855, the site plan for Greenview Apartments, be DENIED and Items b) through g) be TABLED. SECONDED by C/M Stein. Mr. Henning said there have been two Ordinances indicated which have been codified regarding the parking and the limitations and restrictions regarding Chapter 28 are found in Sections 28-53 and 28-86 of the City Code. He said the Vice Mayor indicated that there was a resident of the City concerned about the vacation of the right-of-way and he questioned whether she was living within the confines of Tract 2 or not. V/M Massaro said she is not certain at this time but she does have a copy of the lady's survey in her files. Mr. Henning explained the only action the City would be taking regarding the vacation of right-of-way would be the portion of the right-of-way that crosses Tract 2. VOTE: ALL VOTED AYE 43. ood on T ct - - Revised Site Plan - Temp. Reso. #3868 - Discussion and possible action on a revised site plan reflecting enlarged deck area and a canopy at the pool. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-85-362 PASSED. Mr. Henning read TeInp. Rgso. #38§8 by title. C/M Stein said this is merely for an enlargement of the deck area around the pool with a canopy at the Country Club and he MOVED APPROVAL of Temp. Reso. #3868, SECONDED by V/M Massaro. VOTE: ALL VOTED AYE 44. TaMarggls u n nd Appraisal Report E A - Dis- cussion and possible action to discontinue future consider- ation of adopting this report. SYNOPSIS OF A,G„T ION : APPROVED. V/M Massaro asked if the City is paying for this and she question- ed why the City was ever involved with it. Mr. Henning said the Consultant City Planner indicated that at one point this was required but recent legislative changes have shown no need for this. V/M Massaro MOVED APPROVAL of discontinuing any further consider- ation of adopting this report. SECONDED by C/M Stein. VOTE: ALL VOTED AYE 47 11/13/85 /pm I 47. Lakes _of Carriage Hills - Model Siales Facility - Discussion and possible action on: a) Relocation of the model sales area and waiver of the 300-- foot distance requirement for certificates of occupancy b) Grant of easement - Temp, s SYNOPSIS,,,,,,,QF ACTION: RESOLUTION NO. R-85-363 PASSED. (See Pages 21 & 22) a) APPROVED for 6 months from 11/13/85 and to expire 5/13/86, with conditions. b) APPROVED as amended on 11/13/85. b) Mr. Henning read Temp, Reso. #3872 by title. Mr. Henning said the operative language in the Resolution is: "That the grant of easement offered by Lakes of Carriage Hills, Inc. for Lakes of Carriage Hills Condominium to enter the temporary parking facilities, said easement being attached hereto as Exhibit A, is hereby approved." V/M Massaro MOVED APPROVAL of TeMps._Reso. #3872 as amended today, SECONDED by C/M Munitz. YD-T ALL -VOTED AYE EDITOR'S -NOTE: A check was submitted at the meeting by the applicant for the model sales permit in the amount of $335.00. This was a partial amount as $300.00 was previously received for the entire fee of $635.00. TAMARAC UTILITIES WEST 20. [utilities West - Turnpike Force M 'n Crossing P o' c 85 18) - Temp._Reso. #3874 - Discussion and possible action to approve Change Order #1 to the contract with Lanzo Construction Company decreasing the contract by $3,647.00. 2=PSIS OF ACTION: APPROVED. RESOLUTION NO. R-85-393 PASSED. Mr. Henning read TemR. Reso.--#3874 by title. V/M Massaro MOVED APPROVAL of Temp, eso #3874, SECONDED by C/M Munitz. VOTE: LEGAL AFFAIRS 28. School Crossing Gu.4rd Program - Temp. Reso, #3842 - Discussion and possible action to establish a surcharge to be asessed on each traffic infraction fine to be used to fund this program. Y F ON: APPROVED RESOLUTION NO. R-85-357 PASSED. as amended. Mr. Henning read TgMy. Reso.--#3842 by title. Mr. Henning said this effective date is 11/15/85, which is the effective date of the County Ordinance which enacted the school crossing guard surcharge. He said pursuant to State Statute, the County passed their Ordinance 85-65, which enacted the $4.00 surcharge effective 11/15/85. 1 I 1 48 11/13/85 /pm Mr. Henning said the County Ordinance required two things for the City to take advantage of this. He said the City had to have a school crossing guard program and the City must send a certified copy of this Resolution to the Clerk's office indicating the budget so that they know that the City needs the money they will send the City. Mr. Henning said he contacted the Finance and Police Departments and the budget for the school crossing guard program is $20,663.00 for this year. He said he wrote this Resolution as an acknowledgement that the City has this program, is spending approximately $21,000.00 and the City is desires to expand the crossing guard program if the County makes more funds available. Mr. Henning said Line 17 of the Resolution should indicate the amount of "$21,000.00" as the annual cost to the City. C/M Stein MOVED APPROVAL of Temp. $aso,_#3$42, SECONDED by C/M Munitz. VOTE: ALLVOTED AYE BOARD5AAjD„ „CQNIMITTEE_S 57. PICjairman's Report - Discussion and possible action. Y OP I OF -ACTION: Agendized by Consent on Page 1 TABLED since the representative was not present. V/M Massaro MOVED to TABLE this item, since the representative of the PIC was not present, SECONDED by C/M Stein. VOTE: ALL UTED AYE ADMI I TRATI I CIAL 58. Q4nge_Order 11 - K. Herron & Sons -- Sidp3gsjlks on U imersjtv Drive - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent on Pages 1 & 2 APPROVED decreasing the contract amount $6,357.00 to deduct the sidewalks at St. Malachy's Church along University Dr. V/M Massaro said the City is eliminating the sidewalk on Univer- sity Drive from the contract with K. Herron & Sons Concrete Construction Co. She said the reduction will be in the amount of $6,357.00 and the adjusted contract price will be $9,393.00. V/M Massaro MOVED APPROVAL of Change Order #1, SECONDED by C/M Stein. yQTE: ALL -VOTED AYE 49 11/13/85 /pm V LEGAL AFFAIRS 29. Broward Sheriff's Officg (BSO) - Temp. Reso. #387 - Discussion and possible action to establish procedures in order to place the question on the March, 1986 ballot for voter consideration whether City Police service should be provided by BSO. SYNOPSIS OF ACTION: No action was taken. Mr. Henning read Temp. Reso. #3871 by title. C/M Stein said there was extensive discussion at previous Council meetings concerning this subject and this Resolution would author- ize the Acting City Manager, the City Attorney and the Police Chief to enter into negotiations for a proposed contract, which shall be ready no later than 1/10/86. He said the City Attorney will then prepare an Ordinance and a Referendum to be placed on the ballot in March. He said he feels this is the only orderly way to handle this. Mayor Kravitz said he has been negotiating with the BSO since July of this year and he has not received all the information needed to proceed. C/M Stein MOVED APPROVAL of Temp. Reso. #3871, SECONDED by C/M Munitz. V/M Massro said she finds the composition of the committee, as outlined in Section I of Temp. Reso. #3871, unacceptable. She said she would like to have the Sheriff's office prepare and submit in final form a detailed contract and then the City Attor- ney and City Council, after careful deliberation, would submit a counter proposal, if necessary. She said after assembling all the facts, the City should prepare a summary of the contract and publish it for the residents. V/M Massaro said this is a very serious issue and cannot be accepted without very careful analysis and deliberation. She said although the two cities that have the BSO service say they are satisfied, the newspaper states that the BSO was given young men coming from the Academy instead of more experienced deputies. V/M Massaro said the Sheriff's budget comparison reflects a City salary expense of $2,361,018.00 compared to a BSO expense of $2,224,010.00 or a reduction of $137,008.00 for that item alone. She said it is interesting to note; however, that in the 8/30/85 letter, the Sheriff states that he will grant an 11.6% increase in salaries. She questioned whether this means that he intends to have a drastic reduction in personnel and, if not, what does he mean by it? She asked how this is achieved. V/M Massaro said there is no reason for a deadline. She said this issue is of such magnitude that it should require a separate referendum. She said no action should be taken on such a serious matter without a full Council in attendance to present their views. She said she is completely satisfied that the issue of whether or not the City should enter into a contract with the BSO for municipal police services should be resolved by a referendum of an informed electorate. V/M Massaro said it is most important for the electorate to have all the facts because if it does not work out, it will be almost impossible to have a satisfactory Police Department for a long period of time, if ever. 50 11/13/85 /pm 1 1 Mr. Henning asked if V/M Massaro is proposing an amendment and she said no. She said the Sheriff's office has already been asked to do this and she questioned why it has not been done. VOTE: C/M Stein Aye C/M Munitz Aye V/M Massaro Nay Mayor Kravitz Nay COMMUNITY DEVELOPMENT 49. Mrshall Plaza - Bond Release - Temp.-Reso. #3$63, - Discussion and possible action to release a cash warranty bond posted for public improvements. SYNOPSIE QF ACTION: TABLED for further information. Mr. Henning read Temp. Reso_J_3$63 by title. V/M Massaro said about 5 years ago, Vordermeier Co. entered into an agreement with the City to do certain work at a certain period of time which was a few years henceforth. She said she is not sure at this moment whether that requirement has ever been com- pleted and she felt this should be researched further. V/M Massaro MOVED to TABLE this item for further information, SECONDED by C/M Stein. VOTE: ALL VOTED AYE 50-.._Heftler homes - Performancp Bond - TeMp, Reso.3 -- .D;tacussion and possible action to call a performance bond nd for installation of sidewalks. Sxsbpg-0-F-A&I-ON: APPROVED RESOLUTION NO. R-85-364 PASSED. calling_ 'Lette:f.'of Credit #1386 in the amount of $14,460.00 if an extension has not been provided to said bond by 11/13/85. Mr. Henning read Temp. Reso. #3864 by title. V/M Massaro MOVED APPROVAL of Temp. Reso. #3864, SECONDED by C/M Munitz. TE: ALL VOTED AYE 51. Centra Care Medjcal_ Ginter - Warranty_ B9nd - Tgmp. Rea-Q. 1.3965 - Discussion and possible action to call a warranty bond posted for public improvements. SYNOPSIA OF_ACTION: APPROVED RESOLUTION NO. R-85--365 PASSED. calling Bond #J-9-44-92 in the amount of $5,522.25. Mr. Henning read Temp. Reso. #3865 by title. 51 11/13/85 /pm V/M Massaro MOVED APPROVAL of Temp. Reso.. 3865, SECONDED by C/M Stein. VOTE: REPORTS "Wi0V4W-'VfM 55. City Attorney Report - Mr. Henning said the Environmental Quality Control, Board Hearing has been delayed until 12/6/85 at 10:00 A.M. at Nova Law School. 54. City Manager Report - Acting City Manager Perretti said through the efforts of the County and the City, the NW 57 St. bikeway path has been completed. He said this will be advertised to the public in the next Tam -A -Gram. 53. City Council ggports - Mayor Kravitz - No report. V/M Massaro - No report. C/M Munitz - No report. CZM Stgin - No report. Mayor Kravitz adjourned the meeting at 5:10 P.M. MAYOR TTEST: CITY CLERK' This public document was promulgated at a cost of $439.93 or $12.20 per copy to inform the general public and public officers and employees about recent opinions and considerations by the Council of the City of Tamarac. CITY OF TAMARA ROVED AT MEETING OF City Cle 52 11/13/85 J /pm V 11/13/85 Council Meeting ATTACHMENT 1 - Page 1 of 2 - Item 13 - Tamarac Park - Recreation Buildin CITY OF TAMARAC inter = office memorandum Building and Community Development ment MEMO TO: MAYOR PHILIP KRAVITZ; CITY COUNCIL; LARRY PERRETTI, ACTING CITY MANAGER FROM: ROBERT B. JAHN, CHIEF BUILDING OFFICIAL DATE: NOVEMBER 8, 1985 SUBJECT: TAMARAC SATELLITE RECREATION BUILDING REFERENCE: FOR REGULAR CITY COUNCIL MEETING OF NOVEMBER 13, 1985 For your information, the gable end walls have been built so the roof can be installed. The roof has been ordered loaded and should be done before this meeting. I have had a meeting with the Utility Department who has agreed to inspect the installation of the sewer to the point where it was abandoned. After that we will establish a program to complete same using City personnel. As I've indicated to you before, this sewer line serves the medical building facing University Drive to the south of our site. It does not serve just the Recreation Area.. Therefore, a stoppage would be disastrous. I have several recommendations to make concerning changes to the building that would be cost savings and not affect the use or looks adversely in my opinion. I have discussed the majority of these changes with Dick Rubin the architect. He is in general agreement, especially to save enough money to complete the structure. There are some items I have not had an opportunity to take up with him. Public Works Director, Mike Couzzo, is in agreement with the changes I will be recommending. 1. All interior and exterior doors be made standard at 6'8" high except front entry doors to remain 812". 2. Instead of 4 - 3' X 10' windows on rear facing ball -park, use 2 - 5' X 9' windows centered in rear wall. 3. Enlarge the kitchenette and open a pass -through window on the ball park side to use this room instead of the old concession stand, and to provide storage for those uses. 4. Because the structure of the Recreation Department has been changed and to better utilize the building, I recommend the drop ceiling be installed as shown on the original plan but do not build the Receptionist, Director, Superintendent offices and the two interior corridors. Move the storage room over adjacent to the Ladies restroom. I feel the City can get better utilization from the building this way under the present structure of the Department. 5. Instead of the 30' storage room on the south wall, build an open, raised, platform for speakers and entertainers. Install a i bath (toilet and lavatory) in the southeast storage room so that room can double as a dressing room and storage area. continued..... POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS "An Equal Opportunity Employer" 11/13/85 Council Meeting ATTACHMENT l - Page 2 of 2 - Item 13 - Tamarac park - Recreation Buildin Page Two November 8, 1985 6. Delete the 2-10' extentions of the porch on the east side of the building. This will save both roof -framing -concrete. 7. Since we are now using asphalt shingles instead of the metal roof, the look being searched for byscoring the stucco has been changed. The scoring of the stucco increases the cost between $7,000 to $9,000. I recommend either a swirl or shot -on finish instead of the scoring. 8. If I can re -engineer the A/C system and the electrical without added cost for the engineering, I request permission to do so for a possible further savings. 9. There is a 11' X 7' added canapy on the front porch which I feel is no longer necessary. I request permission to delete it. 10. If certain functions can be performed by my Building, Electrical and Plumbing inspectors, on an overtime basis, without interfering with our inspections, I request I be given that option. If not, I will be going out to obtain sub -bids based on the approvals for changes you give me today. /ggv